Florida Regulations 5E-13.034: Penalty for Failure to Comply with Public Law 92-516, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the U. S. Environmental Protection Agency and Their Rules
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(1) The board of commissioners of a county, or mosquito control district, whichever is applicable, shall be notified when it is found that the mosquito control program director is violating the Federal or state laws or rules governing the application of restricted pesticides. The board of commissioners will take whatever action is necessary to prevent future violations.
(2) Licensure of applicators may be suspended, revoked, or renewal thereof denied, by the Department, its successor agency or programs, upon one or more of the following grounds:
(a) Violation of FIFRA, any relevant EPA rule or regulation, or any ordinance or regulation of the Commissioners;
(b) Conviction in any court within this state of the violation of any provision of this Act, or any rule or regulation or ordinance of the Department or the Commissioners;
(c) A final order imposing civil penalties under subsection 14(a), Public Law 92-516, or a criminal conviction under subsection 14(b), of said Public Law;
(d) Knowingly using methods or materials unsuitable for control undertaken;
(e) Performing control in a negligent manner;
(f) Failure to give the Department or Commissioners or authorized representatives thereof, true information upon request regarding methods and materials used, work performed, falsification of records, or other information essential to the administration of this measure;
(g) Failure of the licensed applicators to maintain for a period of at least three (3) years operational records containing information on kinds, amounts, uses, dates, and places of application of restricted use of pesticides.
(3) The Board of Commissioners shall enact appropriate regulations or ordinances within a reasonable time covering discharge or other disciplinary action in at least those areas as designated in subsection 5E-13.034(2), F.A.C.
(4) It shall be the duty of the Board of Commissioners to notify the Department when violations have been brought to the commissioner’s attention and when action under subsection 5E-13.034(3), F.A.C. is instituted.
(5) Should the Board of Commissioners fail to take appropriate action when violations have been brought to their attention, it will be the duty of the Department to present all evidence to the U. S. Environmental Protection Agency (EPA) for such action as that agency may determine is warranted.
Rulemaking Authority 388.361 FS. Law Implemented Florida Statutes § 388.361., Section 11, Chapter 91-428, Laws of Florida. History-New 1-1-77, Formerly 10D-54.34, 10D-54.034, Amended 8-9-06.
Terms Used In Florida Regulations 5E-13.034
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(a) Violation of FIFRA, any relevant EPA rule or regulation, or any ordinance or regulation of the Commissioners;
(b) Conviction in any court within this state of the violation of any provision of this Act, or any rule or regulation or ordinance of the Department or the Commissioners;
(c) A final order imposing civil penalties under subsection 14(a), Public Law 92-516, or a criminal conviction under subsection 14(b), of said Public Law;
(d) Knowingly using methods or materials unsuitable for control undertaken;
(e) Performing control in a negligent manner;
(f) Failure to give the Department or Commissioners or authorized representatives thereof, true information upon request regarding methods and materials used, work performed, falsification of records, or other information essential to the administration of this measure;
(g) Failure of the licensed applicators to maintain for a period of at least three (3) years operational records containing information on kinds, amounts, uses, dates, and places of application of restricted use of pesticides.
(3) The Board of Commissioners shall enact appropriate regulations or ordinances within a reasonable time covering discharge or other disciplinary action in at least those areas as designated in subsection 5E-13.034(2), F.A.C.
(4) It shall be the duty of the Board of Commissioners to notify the Department when violations have been brought to the commissioner’s attention and when action under subsection 5E-13.034(3), F.A.C. is instituted.
(5) Should the Board of Commissioners fail to take appropriate action when violations have been brought to their attention, it will be the duty of the Department to present all evidence to the U. S. Environmental Protection Agency (EPA) for such action as that agency may determine is warranted.
Rulemaking Authority 388.361 FS. Law Implemented Florida Statutes § 388.361., Section 11, Chapter 91-428, Laws of Florida. History-New 1-1-77, Formerly 10D-54.34, 10D-54.034, Amended 8-9-06.