News and Government Affairs

Dear FPMA GAC, et al,
 
Thank you to those of you that attended the FPMA Summer Conference and I hope you had a great time.  The location was great and the conference was great.  If you missed it please plan to attend Expo in January.  As a reminder, we will not be having a 2020 Legislative Day Tour due to the early session start for 2020.  The LT would be right about the same time as Expo since the FL Legislative Session starts in January so we skip this year.  We do have a small contingent on stand-by if the need arises for us to mobilize during Session. 
 
A few updates for you.  The Pest Control Enforcement Advisory Council is working on its next meeting.  The dates will be posted soon but we are looking at September/October and likely in Apopka.  Rulemaking still appears to be as reported and will focus on DACS Forms:

  • Adding felony language to all license types
  • Clarifying/consolidating language on many inspection forms
  • Removal of DL/PIN requirements on all licensing forms
  • NoNC changes to conform with 5E-14.149,
  • Spanish version of Consumer Notice
  • Emphasis of online options on all licensing forms
  • Verification Record of Initial Employee Training - fume salesmen training requirements
    • Training for employees whose job duties include fumigation sales must indicate at least two hours of training in: contract regulations, fumigant fact sheet information, consumer preparation requirements, fumigant and warning agent properties including health risks, use of secondary locks, signage, re-entry notices, key/access provisions, subcontracting procedures, safety precautions, measuring the structures, and proper clearance testing.
  • Clarification for 60 day window for FID training
    • “I hereby certify that I have received, or will receive within 60 days from the notarized date below as provided per 5E-14.1421(6), Florida Administrative Code (F.A.C.)…”
  • Business Renewal updates to include FID
  • Changes:  Removed notary on the WDO affidavit and changed title so it’s not an affidavit (which requires notary), considering that with FID form as well as clarifying the 60 day window for new FIDs to get the initial stewardship training, adding clarifying language to LCLM form, LF form regarding CEU requirements, JB application to add FID checkbox, exam application updates
  • Internally, New ID Cardholders means:  brand new, new to a company, added by a company or during renewal of the ID cardholder.  In other words, any time the $10 fee is charged for the ID, the FID endorsement can be added.  Existing ID Cardholders:  an ID cardholder that is not changing companies, but just wants to add the FID endorsement (no charge), they have to submit the form to BLE
  • As a note, there were about 250 FID endorsements issued in FL as of Summer Conference
 
Legislatively, the Commissioner appears to be postured towards regulating fertilizer use in Florida.  What this means is not known at this time but we are actively working on being part of the solution.  DACS does not currently regulate fertilizer use in FL, rather it regulates the licensure of the fertilizer applicator in urban settings and requires the GI-BMP training prior to making applications but there is no current enforcement of the fertilizer applications.  This is going to be a big one if the Commissioner’s Office pushes forward. 
 
As far as enforcement and our industry:
July 1, 2018 to June 1, 2019-
  • License/Certificate Suspension/Revocation: 4
  • Warning Letters Issued: 133
  • Cases Assessed Fines: 80
  • Fines Assessed: $125,675
    • Q3 saw big fines due to priors, fumigation
  • Other Enforcement Actions: FANS (138); ADV (94); C & D (3)
  • Administrative Hearings Conducted:  41
  • Enforcement Actions for unlicensed pest control: (33); ADF (26); WNL (7) - $32,225
These figures are on par with 2017-2018 figures, more or less.
 
Enforcement Trends for this year:
  • Trends
    • Fume Logs
    • Unsecured doors during passive aeration
    • Unlicensed Pest Control – LCLM, lapsed Business license
    • Advertising Unlicensed Pest Control
    • Lack of Consumer Notice form with WDO contracts
    • ID Cards
There were quite a few cases, and it seems to be an upward trend, of fumigation log forms not being complete and several similar cases of (sliding glass doors) doors not being secured properly during passive aeration.  Also, it seems like there have been quite a few cases of unlicensed pest control both with landscape maintenance personnel lacking the LCLM and with certified operators that have allowed their business license to lapse, but continue operating unlicensed.  Of course, advertising unlicensed pest control is an ongoing issue.  The Consumer Notice form seems to be an issue too with quite a few Notices of Noncompliance for not issuing Consumer Notices with WDO contracts.
 
FPMA is working with DACS on some clarity in SOP’s for the field investigators regarding screen doors being open or closed during active aerations, open carport type structures and other minor items to help field investigators navigate the plethora of possibilities they will encounter when performing fumigation inspections.  Additional discussions are ongoing regarding applications that overlap or otherwise run into Chapter 487 applications. 
 
We will also see the certificate tests change over the next year or so with updates to questions and study material.  There is an effort to seek consolidation of study material and to make it more appropriate to today’s pest control environment.  FPMA is involved in this as well and some categories are already in the process of working on the study guides and test question banks.
 
You want some more reading?  See below and also attached are the Laws that went into effect July 1.

https://www.gannett-cdn.com/presto/2019/06/11/PTCN/bd7ebcba-e3a0-481a-ad7b-ef5a568470cc-D5X_4882.JPG?crop=5567%2c3117%2cx0%2cy0&width=3200&height=1680&fit=bounds

Blue-green algae bloom on Lake Okeechobee at Port Mayaca over 3 times too toxic to touch
The bloom's microcystin toxin was more than three times the 8 parts per billion the federal Environmental Protection Agency considers hazardous in recreational contact.

https://www.tcpalm.com/story/news/local/indian-river-lagoon/health/2019/07/01/lake-okeechobee-algae-bloom-port-mayaca-3-times-too-toxic-touch/1615791001/

https://3o15h033zmpwracwx2i00rqx-wpengine.netdna-ssl.com/wp-content/uploads/2019/07/20190701_114804-1000x563.jpg

Algae Task Force says stopping new pollution in Lake Okeechobee isn’t enough
Scientists want nutrients cleansed on way in and out of Lake O.

https://floridapolitics.com/archives/300235-algae-task-force-lake-o

FWC Logo

FWC seeks input from Florida landowners

https://content.govdelivery.com/accounts/FLFFWCC/bulletins/24f06d9

https://www.newsherald.com/storyimage/DA/20190702/NEWS/190709741/AR/0/AR-190709741.jpg

'They're a menace': Iguanas spread in Florida as climate warms
The state of Florida agrees. After a warm winter and now with record-breaking summer heat - the kind of weather iguanas thrive in - the Florida Fish and

https://www.newsherald.com/news/20190702/theyre-menace-iguanas-spread-in-florida-as-climate-warms
 
 
If you want more, just say the word because there is plenty more!   Thank you, Missy Timmins, for keeping us up to date and in the game.
 
Sincerely,
 

Sean Brantley
Suzanne Graham
FPMA GAC Co-Chairs




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