Fla. Admin. Code Ann. R. 5E-13.021 - Definitions

In addition to those terms contained in Section 388.011, F.S., the following terms shall mean:

(1) "Adulticide" - a pesticide intended to affect an adult arthropod.

(2) "Annual Certified Budget" - District or county budget for control of arthropods attested to by the clerk of the circuit court, secretary of the board of commissioners, or any other Person duly authorized by law under the official seal of the District or county.

(3) "Approved Mosquito Control Program"- any county or District in current compliance with ss. 388.101 or 388.241, 388.261(2), 388.271, 388.341, 403.088(1), F.S., and Rule 5E-13.032, F.A.C.

(4) "Arthropods" - those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, yellow flies, and house flies.

(5) "Arthropod control pesticide" - any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any arthropod as defined in ss. 388.011(1), F.S.

(6) "Arthropod control program" - a program organized to control arthropod populations on property other than that exempted under ss. 388.361(4), F.S.

(7) "Arthropod Control Research or Demonstration Projects" - studies, educational/administrative product development, demonstration or training projects that are funded by State funds.

(8) "Beaches and bayshores" - the areas within 1500 feet landward of the high-tide mark.

(9) "Biologically highly productive" - those public lands that make exceptionally high beneficial contributions to the overall ecology of a region or area.

(10) "Department" - the Department of Agriculture and Consumer Services.

(11) "Direct Supervision" - supervision by licensed applicators, who are responsible for the pesticide Use activities and actions of unlicensed individuals. The licensed direct supervisor must be in immediate contact, either directly or by electronic means, including, but not limited to, cell phones, radios and computers.

(12) "Director" - a qualified Person responsible for the planning and direct supervision of a District as defined under ss. 388.011(5), F.S., who directs the execution of a county or District mosquito control program and oversees its day-to-day activities.

(13) "District" - any mosquito control district established in this state by law for the express purpose of controlling arthropods within boundaries of said districts.

(14) "Environmentally sensitive" - public lands that have special ecological values and which values may be lost to a substantial degree by the application of certain pesticides or other practices used in the control of arthropods.

(15) "Labeling" - all labels and all other written, printed, or graphic matter:

(a) Accompanying the pesticide or device at any time; or

(b) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health and Human Service, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(16) "Landing rate count" - a method of determining adult mosquito levels by counting all mosquitoes that land on the visible portion of the body during a one minute period. Results are expressed as numbers of mosquitoes per minute.

(17) "Licensed applicator" - any Person 18 years or older who is licensed to Use or supervise the Use of a pesticide intended for arthropod control.

(18) "Nonparticipating program" - any non-state Approved Mosquito Control Program that does not have a contract or memorandum of agreement with the Department.

(19) "Other public lands" - those lands not identified by a land management agency as environmentally sensitive or biologically highly productive.

(20) "Participating program" - any state Approved Mosquito Control Program that enters into either a contract or memorandum of agreement with the Department.

(21) "Person" - any individual, partnership, trust, association, corporation, organized group of persons, whether incorporated or not, or governmental agency or governmental arthropod control agency's program Director.

(22) "Public health pest control" - a category or classification of licensure that includes private applicators, federal, state, or other governmental employees using or supervising the Use of general or restricted-use pesticides in public health programs for the management and control of pests having medical and public health and nuisance importance.

(23) "Public land management agency" - any federal, state, or county agency that may be responsible for the management of such public lands as parks, wildlife management areas, preserves, fishing grounds, sea shores, etc., including but not limited to the department, the Florida Department of Environmental Protection, Fish and Wildlife Conservation Commission, and Trustees of the Internal Improvement Trust Fund.

(24) "Public lands control plan" - those plans formulated by a public land management agency and a local Arthropod control program for the purposes of achieving the legislative intent as declared in ss. 388.0101, F.S.

(25) "Source reduction projects" - planned methods to control arthropods through construction designed to alter environmental conditions in arthropod breeding areas.

(26) "State funds" - funds received from the state pursuant to ss. 388.261(1), F.S., expended for any and all types of arthropod control measures approved by the department.

(27) "Temporary control" - planned methods of controlling arthropods for short periods of time through application of repetitive measures.

(28) "Use" - any act of handling or release of a pesticide or exposure to man or the environment of a pesticide through acts including but not limited to:

(a) Application of a pesticide, including mixing and loading and any required supervisory action in or near the area of application;

(b) Storage actions for pesticides and pesticide containers;

(c) Disposal actions for pesticides and pesticide containers and;

(d) Transportation actions for pesticides and pesticide containers.

Notes

Fla. Admin. Code Ann. R. 5E-13.021

Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS.

New 1-1-77, Formerly 10D-54.21, Amended 2-10-87, Formerly 10D-54.021, Amended 3-14-94, 6-10-04, 8-9-06, Amended by Florida Register Volume 49, Number 217, November 7, 2023 effective 11/19/2023.

New 1-1-77, Formerly 10D-54.21, Amended 2-10-87, Formerly 10D-54.021, Amended 3-14-94, 6-10-04, 8-9-06, 11-19-23.