Fla. Admin. Code Ann. R. 5E-9.026 - Procedures for Pesticide Applicator Certification, Licensure, and License Renewal

(1) Certification. All individuals seeking pesticide applicator licensure shall demonstrate competency in the responsible use of pesticides by successfully completing the appropriate pesticide applicator examination(s) specified in this chapter for each classification of licensure. All examinations shall be administered by the department or its authorized agents as written, closed-book examinations. Examinations may be offered in languages other than English. Questions that reference a pesticide label must use the English version of that label. Examinations shall be undertaken and completed by the examinee without assistance from other individuals. The department shall set passing scores and determine if the certification standards have been met for the desired licensure. Examination scores shall be valid for 12 months after the date of examination.

(2) Examination procedures and violations. In-person and remote-proctored examination rules and procedures shall be published and presented to each examinee prior to examination. If the Department determines that an examinee has violated examination rules and procedures, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) An examinee who has had three (3) remote-proctored exams invalidated due to violation of examination rules and procedures will not be permitted to utilize the remote testing platform and must test in-person.

(3) Cheating. Cheating on an examination includes using any method intended to defeat the purpose of testing the personal knowledge and competence of the applicant to apply pesticides but is not limited to using electronic devices to communicate with other individuals or devices, using study materials or other unapproved resources during the examination including accessing websites not approved for use during the examination, communicating with other testers in the test session by any means, using copied or stolen examination questions before or during the examination, photocopying, photographing, or otherwise duplicating the test questions in whole or in part, and the use of an electronic device to search for answers to exam questions. If the Department determines that an examinee has cheated, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) Upon the first instance, the examinee will not be permitted to take any pesticide examination offered by the Department for one (1) year from the date of said occurrence. Any subsequent determination that an examinee has cheated shall result in the imposition of a three (3) year ban from taking any pesticide examination offered by the Department.

(4) Licensure. If the certification standards have been met, the department shall provide the appropriate license application, form FDACS-13312, Rev. 05/04, for a private applicator license, form FDACS-13313, Rev. 05/04, for a public applicator license, or form FDACS-13310, Rev. 05/04, for a commercial applicator license, to the individual. The following materials must be received by the department before a pesticide applicator license shall be issued: documentation of certification earned within the previous 12 months; completed application; completed Designation of Registered Agent and Registered Office for a Nonresident Restricted-Use Pesticides Licensee, form FDACS-13711, 03/25, if applicable; copy of pilot's license (aerial category licensure only); proof of age, if requested; and appropriate fee. License applicants may designate one or more authorized purchasing agents by submitting a completed Authorized Purchasing Agent Designation, FDACS-13352, Rev. 05/04, along with the license application. Applicators must submit the required documents online at: http://www.fdacs.gov or to the Bureau of Licensing and Enforcement, P.O. Box 6710, Tallahassee, Florida 32314-6710. Pesticide applicator licenses shall expire no more than four (4) years from issue date.

(5) License Renewal. It shall be the responsibility of each licensee to renew the license at the time of expiration. Requests for renewal of pesticide applicator licenses shall be made by submitting to the department the following materials: a signed request for license renewal; documentation of recertification; Designation of Registered Agent and Registered Office for a Nonresident Restricted-Use Pesticides Licensee, form FDACS-13711, 03/25, if applicable; proof of age, if requested; and payment of the appropriate license fee. Applicators must submit the required documents online at: http://www.fdacs.gov or to the Bureau of Licensing and Enforcement at the above address and must be received no later than the license expiration date for the license to be renewed with continual licensure. Renewed pesticide applicator licenses shall expire no more than four (4) years from the previous expiration date.

(6) Forms. The following forms may be obtained from the department's Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 or online as provided below.

(a) Application for Private Pesticide Applicator License FDACS-13312, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17903.

(b) Application for Public Pesticide Applicator License FDACS-13313, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17904.

(c) Application for Commercial Pesticide Applicator License FDACS-13310, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17902.

(d) Authorized Purchasing Agent Designation FDACS-13352, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17905.

(e) Designation of Registered Agent and Registered Office for a Nonresident Restricted - Use Pesticides Licensee, FDACS-13711, 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17906.

Notes

Fla. Admin. Code Ann. R. 5E-9.026

Rulemaking Authority 487.0435, 487.046, 487.175, 570.07(23) FS. Law Implemented 487.031, 487.044, 487.046, 487.049, 487.175 FS.

New 6-9-94, Amended 7-2-95, 9-24-98, 9-16-04, Amended by Florida Register Volume 51, Number 058, March 25, 2025 effective 4/6/2025.

New 6-9-94, Amended 7-2-95, 9-24-98, 9-16-04.