Florida Administrative Code

Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.053, 502.091, 502.121, 503.031 FS. History-New 9-21-67, Amended 10-27-67, 3-19-69, 1-26-81, 8-16-84, Formerly 5D-1.12, Amended 6-27-90, 7-2-95, 10-15-03, 4-14-08, Transferred to 5K-4.044.

(1) Liming Materials. Limestone and Dolomite shall be guaranteed as to moisture and the degree of fineness and calcium carbonate, and in addition thereto, dolomite shall be guaranteed as to magnesium carbonate. (a) Chemical specifications. 1. Standard liming material shall have a…

In addition to those terms contained in Section 576.011, F.S., the following definitions shall apply to this rule chapter: (1) "Actively Growing Turf" means turf that needs mowing at least once every two weeks to maintain the grass blade height recommended in the document entitle…

(1) Exemptions. When the labeling does not claim to contain any plant nutrients or beneficial plant growth properties as defined in section 576.011(14), F.S., unmanipulated animal manure, vegetable manures, potting soils, peat or compost are excluded from the provisions of this r…

(1) Label requirements for all fertilizer products. (a) Labels setting forth the information specified in this section shall be attached to or accompany any fertilizer distributed in the state. For packaged products, this information shall either (1) appear on the front or back o…

(1) Pesticides authorized for blending with fertilizer. Any pesticide registered with the department and the United States Environmental Protection Agency shall be authorized, subject to the conditions set forth in this chapter, for blending with a fertilizer provided blending wi…

(1) Low analysis mixed fertilizer containing less than 5% total primary plant nutrients may be guaranteed in other than whole percentages; however, each primary plant nutrient claimed shall be no less than 0.5%. Ready-to-use spray fertilizer products and potting soils and much pr…

(1) Consumer request samples. (a) For purposes of this rule, a consumer is defined as an individual, a corporate entity, or a distinct farming operation. If it deems necessary, the department may require an identification number, and acceptable evidence of tonnage purchased. (b) …

(1) Licensees must make a quarterly report of fertilizer sold in the State of Florida and pay a quarterly inspection fee. Each Licensee shall report the amount of all fertilizers sold each quarter, on or before the 30th day after the close of the reporting period, accompanied by …

All methods of analyses shall be those in the State of Florida, Department of Agriculture and Consumer Services, Fertilizer Laboratory Methods Manual, (Rev. 01/31/25), which is hereby incorporated by reference amd available online at https://flrules.org/Gateway/reference.asp?No=R…

The commercial values used in assessing penalties for plant nutrient deficiencies are determined by the annualized average market prices published by the Green Markets Publication (effective 9/17/07), which is hereby incorporated by reference. Commercial Values not provided in In…

Rulemaking Authority 576.181, 570.07(23) FS. Law Implemented 576.101, 576.061 FS. History-New 2-28-84, Amended 6-19-85, Formerly 5E-1.18, Amended 8-3-93, Repealed 11-7-13.

(1) The term "certified net weight" means the net weight of a bulk lot of fertilizer determined by weighing the transport vehicle or container on a weighing system which meets the requirements of the department, as specified in rule 5F-5.001, F.A.C. In the case of fluid fertilize…

Fertilizer labels presented to the department to substitute for labeling originally accompanying delivery of a sampled lot may be accepted provided: (1) Such labels and pertinent documents are submitted to the department within 21 days of the date of issuance of the fertilizer an…

Rulemaking Authority 403.067(7)(c)2., 576.045(6) FS. Law Implemented 403.067, 576.045 FS. History-New 10-16-96, Amended 5-1-01, 10-17-02, 2-4-03, 11-21-07, 5-23-10, Repealed 1-27-26.

(1) The department will perform, upon request, laboratory assays of fertilizers when the Division of Agricultural Environmental Services determines the requested assay will not interfere with the prescribed duties of the department. Fertilizers submitted for analyses shall be acc…

(1) Registration. Each aircraft used for aerial application of any fertilizer must be annually registered with the department. Application for registration must be on the Application for Aircraft Registration, FDACS-13354, Rev. 05/04, which is adopted and incorporated in paragrap…

Adulteration levels for metals in fertilizers. Fertilizers that contain guaranteed amounts of phosphates and/or micronutrients are adulterated when they contain metals in amounts greater than the levels of metals established by the following table1: Metals ppm per 1% P2O5 ppm per…

(1) The investigational allowances are set as follows: (a) Primary plant nutrients; investigational allowances. Guaranteed Percent Total Nitrogen Percent Available Phosphate Percent (P2O5) Soluble Potash Percent (K2O) 04 or less 0.49 0.67 0.41 05 0.51 0.67 0.43 06 0.52 0.67 0.47 …

Effective July 1, 2014, laboratory determinations from the different laboratories that agree within the investigational allowances listed in rule 5E-1.027, F.A.C., for the guaranteed nutrient(s) are considered matching results. Rulemaking Authority 576.051, 576.061, 576.181 FS. L…

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…

(1) Nonparticipating counties shall be admitted to the state aid program only on October 1 of any given year. (2) On or before July 15 of each year, a district or county seeking approval to participate in the state approved program must must submit the following: (a) A completed …

Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History-New 1-1-77, Formerly 10D-54.23, 10D-54.023, Amended 3-14-94, 7-5-95, Repealed 5-21-14.

(1) Not later than thirty (30) days after the end of each month, each approved District or county receiving state aid shall submit a monthly local financial report to the Department on the form entitled Mosquito Control Monthly Report - Local Funds, FDACS-13663 Rev. 09/23, incorp…

(1) Distribution for arthropod control research or demonstration projects will be made pursuant to ss. 388.261, F.S. (2) Pursuant to ss. 388.261(2) and (3), F.S., a district or county shall be eligible to receive state funds on a dollar-for-dollar matching basis not to exceed $12…

(1) When purchasing equipment with state funds, the District or county shall jointly determine with the Department the type and size of equipment necessary to perform the work planned. The District or county shall submit complete specifications to the Department for all equipment…

(1) Any program seeking state approval or any Districts or counties budgeting local funds in excess of thirty thousand dollars ($30,000) for arthropod control during a fiscal year shall employ a qualified Director to plan, supervise and direct the execution of county or District …

(1) Only those pesticides having state registration shall be used for arthropod control. All registered pesticides used for arthropod control, including adulticides or larvicides, must be used in accordance with the registered label and labeling or be otherwise accepted by the Un…

(1) The Department is authorized to conduct inspections or for cause investigations, pursuant to ss. 388.361(5), F.S. (2) The following forms may be used in Department inspections and investigations. Copies of these forms may be obtained from the department's Bureau of Inspection…

(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…

Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS., U. S. Pub. Law 92-516, Section 11, Chapter 91-428, Laws of Florida. History-New 1-1-77, Formerly 10D-54.35, 10D-54.035, Repealed 5-21-14.

(1) Mosquito and other arthropod control programs will ensure that the application of pesticides are made only when necessary by determining a need in accordance with specific criteria that demonstrate a potential for a mosquito-borne disease outbreak or numbers of disease vector…

(1) Any arthropod control activities conducted under this section by local arthropod control agency on private lands where there is a possibility of deposition of airborne substances on public lands determined to be environmentally sensitive and biologically highly productive und…

(1) Registration. Each mosquito control aircraft used for aerial pesticide application, must be annually registered with the department. Application for registration shall be on the form entitled "Application for Aircraft Registration" (FDACS-13354, Rev. 10/13), as adopted in Rul…

(1) Methods of mosquito control performed on private land where natural resources are a major concern shall be conducted in a manner to protect the environmental and ecological integrity of the lands and waters. (2) To protect the health, safety and welfare of arthropod control e…

(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,…

Rulemaking Authority 388.361 FS. Law Implemented 388.361(3) FS., Section 11, Chapter 91-428, Laws of Florida. History-New 2-10-87, Formerly 10D-54.041, Repealed 5-21-14.

(1) It is the intent of this rule to implement Section 388.4111, F.S., by establishing the procedures to be followed to implement arthropod control plans on environmentally sensitive and biologically highly productive public lands. (2) Land management agencies and local arthropod…

In addition to those terms contained in Section 482.021, F.S., the following terms shall apply: (1) "Access device" as used in subsection 5E-14.108(5), F.A.C., is defined as a lockbox or other onsite device that stores the key or controls access, either physically or electronical…

(1) The department will conduct routine inspections or for cause investigations of licensees, certified operators, special identification cardholders, employee identification cardholders, all limited certificate holders, and any other person, pursuant to Section 482.061, F.S., in…

To assist the Department in enforcement of Chapter 482, F.S., and all regulations thereunder, the licensee shall identify all units or equipment used by him or in his behalf for pest control as follows: (1) All motor vehicles and all trailers used in behalf of or by any licensee …

(1) In solicitation of pest control business, no licensee or its employees shall claim that inspections or treatment are required, authorized or endorsed by the Department. (2) No reference shall be made in any manner suggesting approval, endorsement or recommendation by the Depa…

(1) Each licensee must enter into a written contract with the property owner or his authorized agent for each treatment for control or prevention of wood-destroying organisms. The licensee must first obtain specific written consent signed by the property owner or authorized agent…

(1) Only those pesticides having state label registration clearance shall be used. It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling, except as provided by the United States Environmental Protection Agency, the United States…

(1) Each general fumigation shall be personally directed, supervised and performed by a certified operator in fumigation or personally by a special fumigation identification card holder authorized by the Department and designated by and under the direction and supervision of the …

(1) Each licensee, before performing general fumigation, shall notify the department at least twenty-four (24) hours in advance of the fumigation period. Notification shall be made utilizing the department's electronic fumigation notification website https://aeslicensing.fdacs.go…

(1) The structure nor the enclosed space to be fumigated nor any part or parts thereof shall be occupied by persons during the fumigation period. In addition, structures or enclosed spaces which are physically connected with the structure to be fumigated shall not be occupied by …

(1) Final pre-introduction of fumigant and evacuation inspection: Before the fumigant(s) is to be applied, the certified operator in fumigation or the designated special fumigation identification card holder must make a final, personal inspection of the structure and shall ensure…

(1) The certified operator in fumigation or the designated special fumigation identification card holder shall personally determine by using a permissible clearance device, which is calibrated as required by either the device manufacturer or the registrant's Stewardship Policy, w…

(1) Applications for examination must be made within one year after the applicant's employee identification card expiration date. To apply for examination or reexamination for a pest control operator's certificate and special identification card, the applicant shall complete the …