(1) It is a violation of these rules for a person to apply a pesticide intended to control arthropods on property other than his own individual residential or agricultural property unless he is licensed to do so or is working under the direct supervision of a licensed applicator, as allowed under subsection 5E-13.039(2), F.A.C.

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Terms Used In Florida Regulations 5E-13.040

  • 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.
    (2) All persons who apply an arthropod control pesticide, unless operating under the direct supervision of a licensed applicator, shall be licensed as a Public Health Pest Control applicator by the department whether such pesticides used are classified as general use or restricted use, except those applicators controlling arthropods upon their own individual residential or agricultural property.
    (3) Competency standards for licensing of Public Health Pest Control applicators will be determined by applicants passing the Public Health Pest Control examination administered by the department, by obtaining a score of 70 percent or above, which demonstrates a practical knowledge of the principles of mosquito control and vector-disease transmission as it relates to and influences application programs. In addition, applicants shall pass the General Standards (Core) examination administered by the department, by obtaining a score of 70 percent or above, to demonstrate a knowledge of pesticide use and safety.
    (4) All persons licensed in Public Health Pest Control shall provide evidence of continued competency prior to license renewal by accruing a minimum of sixteen (16) continuing education units during their four year licensure period. The licensee shall provide proof of continuing education training on the form entitled “”Record of Attendance for Continuing Education Units (CEUs)”” (FDACS-13325, Rev. 10/13), as adopted in Fl. Admin. Code R. 5E-9.029, prior to license renewal. Failure to meet continuing education requirements shall result in the nonrenewal of the license, and applicators shall retake and pass both the Public Health Pest Control and the General Standards (Core) examinations in order to obtain a new license.
    (5) Courses or programs to be considered for continuing education units shall contain one or more of the following topics:
    (a) The law and rules of the state pertaining to mosquito control.
    (b) Precautions necessary to safeguard life, health, and property in the conducting of mosquito control and the application of pesticides.
    (c) Mosquitoes, their habits, identification, and relative importance as nuisance pests and vectors of disease.
    (d) Currently accepted practices in the conducting of measures for the control of adult and larval forms of mosquitoes and surveillance techniques.
    (e) How to read labels, a review of current state and federal laws on labeling, and a review of changes in or additions to labels on pesticides used in mosquito control.
    (6) Licenses shall be valid for 4 years from the date of issuance.
    (7) Re-examination will be required if 16 continuing education units in public health are not obtained within 90 days following expiration date.
    (8) Public Health Pest Control applicators shall keep accurate records so that monthly activity reports relative to pesticide application, source reduction, water management, biological control and surveillance activities can be assessed by the department. Pesticides use records shall include:
    (a) The name of applicator.
    (b) The pesticide and amount used.
    (c) Method of application.
    (d) The location of the application.
    (e) The application rate.
    (f) Date and time of application.
    (g) Surveillance method and data providing justification for any adulticide applications, as required in Fl. Admin. Code R. 5E-13.036
    (h) These reports shall be retained for a period of 3 years and be made available to the department upon request.
    (9) All aerial applicators who apply an arthropod control pesticide by aerial means shall be licensed as an Aerial Public Health Pest Control applicator by the department, whether such pesticides are classified as general use or restricted use. The department considers the pilot in command to be the aerial applicator. Licensure shall be obtained by passing the Aerial, Public Health Pest Control, and General Standards (Core) examinations, administered by the department, by obtaining a score of 70 percent or higher.
Rulemaking Authority 388.361 FS. Law Implemented Florida Statutes § 388.361. History-New 2-10-87, Formerly 10D-54.040, Amended 3-14-94, 8-9-06, 5-21-14.