Chapter 388 — Chapter 388
39 sections in this chapter.
Fla. Stat. § 388.0101 Declaration of legislative intent
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It is declared to be the public policy of this state to achieve and maintain such levels of arthropod control as will protect human health and safety and foster the quality of life of the people, promote the economic development of the state, and facilitate the enjoyment of its n…
Fla. Stat. § 388.011 Definitions
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As used in this chapter:(1) “Arthropod” means those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, yellow flies, and house flies.(2) “Board of commissioners” means the governing body of any mosquito control district, and …
Fla. Stat. § 388.021 Creation of mosquito control districts
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(1) The abatement or suppression of arthropods, whether disease-bearing or merely pestiferous, within any or all counties of this state is advisable and necessary for the maintenance and betterment of the comfort, health, and welfare of the people thereof and is found and declare…
Fla. Stat. § 388.101 District boards of commissioners; term of office
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(1) Following the creation of the district, and in the general election each 4 years thereafter, the district board of commissioners shall be elected on a nonpartisan basis by the electors of the district. The three persons receiving the highest number of votes cast in the genera…
Fla. Stat. § 388.111 District boards of commissioners; vacancies
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In the event of a vacancy due to any cause in any board of commissioners, the same shall be filled by appointment by the Commissioner of Agriculture for the unexpired term.
Fla. Stat. § 388.121 District boards of commissioners; organization
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As soon as practicable after such commissioners have been elected and qualified, they shall meet and organize by the election from among their number of a chair, a secretary and a treasurer. Two members of the board shall constitute a quorum. The vote of two members shall be nece…
Fla. Stat. § 388.131 Commissioners; bond
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The department may require each commissioner, before he or she assumes office, to give the Commissioner of Agriculture a bond, the cost thereof being borne by the district, conditioned on the faithful performance of the duties of his or her office. The bond must be approved and f…
Fla. Stat. § 388.141 Commissioners; compensation
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(1) Members of the board of commissioners of independent special tax districts may each be paid a salary to be determined by unanimous vote of the board which shall not exceed $4,800 for each commissioner during any one year; however, this section shall not be construed to limit …
Fla. Stat. § 388.151 District boards of commissioners; meetings
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All boards of commissioners shall hold regular monthly meetings, and special meetings as needed, in the courthouse or in the offices of the district. The time and place of said regular meetings shall be on file in the office of the district board of commissioners.
Fla. Stat. § 388.161 District boards of commissioners; powers and duties
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(1) The board of commissioners may do any and all things necessary for the control and elimination of all species of mosquitoes and other arthropods of public health importance and the board of commissioners is specifically authorized to provide for the construction and maintenan…
Fla. Stat. § 388.162 Direction of the program
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The program shall be administered for the board of commissioners by a qualified person. The department shall establish minimum qualifications for employment of a director in accordance with the responsibilities attached to the position.
Fla. Stat. § 388.171 Power to perform work
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The board of commissioners may have any and all work performed by contract with or without advertisement, or without contract, by machinery, equipment, and labor employed directly by the board of commissioners.
Fla. Stat. § 388.181 Power to do all things necessary
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The respective districts of the state are hereby fully authorized to do and perform all things necessary to carry out the intent and purposes of this law.
Fla. Stat. § 388.201 District budgets; hearing
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(1) The fiscal year of districts operating under the provisions of this chapter shall be the 12-month period extending from October 1 of one year through September 30 of the following year. The governing board of the district shall before July 15 of each year complete the prepara…
Fla. Stat. § 388.211 Change in district boundaries
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The boundaries of each district may only be changed by a special act of the Legislature.
Fla. Stat. § 388.221 Tax levy
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(1) The board of commissioners of such district may levy upon all of the real and personal taxable property in said district a special tax not exceeding 1 mill on the dollar during each year as maintenance tax to be used solely for the purposes authorized and prescribed by this c…
Fla. Stat. § 388.231 Restrictions on use, loan, or rental of equipment; charges
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(1) Equipment purchased for use in control of mosquitoes and other arthropods and paid for with funds budgeted for arthropod control shall not be used for any private purpose. No county or district shall lend or rent equipment so purchased to any other department within the count…
Fla. Stat. § 388.241 Board of county commissioners vested with powers and duties of board of commissioners in certain counties
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In those counties where there has been no formation of a separate or special board of commissioners, all the rights, powers, and duties of a board of commissioners as conferred in this chapter shall be vested in the board of county commissioners of said county.
Fla. Stat. § 388.251 Delegation of authority to county health department
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The board of county commissioners may authorize the county health department to administer and direct arthropod control in the county provided by this chapter, upon the following conditions:(1) The county health department shall keep the books and make all reports required by thi…
Fla. Stat. § 388.261 State aid to counties and districts for arthropod control; distribution priorities and limitations
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(1) A county or district may, without contributing matching funds, receive state funds, supplies, services, or equipment in an amount of no more than $50,000 per year for up to 3 years for any new program for the control of mosquitoes and other arthropods which serves an area not…
Fla. Stat. § 388.271 Prerequisites to participation
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(1) When state funds are involved, it is the duty of the department to guide, review, approve, and coordinate the activities of all county governments and special districts receiving state funds in furtherance of the goal of integrated arthropod control. Each county eligible to p…
Fla. Stat. § 388.281 Use of state matching funds
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(1) All funds, supplies, and services released to counties and districts hereunder shall be used in accordance with the detailed work plan and certified budget approved by both the department and the county or district. The plan and budget may be amended at any time upon prior ap…
Fla. Stat. § 388.291 Source reduction measures; supervision by department
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(1) Any county or district may perform source reduction measures in conformity with good engineering practices in any area, provided that the department cooperating with the county or district has approved the operating or construction plan and it has been determined by criteria …
Fla. Stat. § 388.301 Payment of state funds; supplies and services
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State funds shall be payable quarterly, in accordance with the rules of the department, upon requisition by the department to the Chief Financial Officer. The department is authorized to furnish insecticides, chemicals, materials, equipment, vehicles, and personnel in lieu of sta…
Fla. Stat. § 388.311 Carry over of state funds and local funds
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State and local funds budgeted for the control of mosquitoes and other arthropods shall be carried over at the end of the county or district’s fiscal year, and rebudgeted for such control measures the following fiscal year.
Fla. Stat. § 388.321 Equipment to become property of the county or district
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All equipment purchased under this chapter with state funds made available directly to the county or district shall become the property of the county or district unless otherwise provided, and may be traded in on other equipment, or sold, when no longer needed by the county or di…
Fla. Stat. § 388.322 Record and inventory of certain property
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A record and inventory of certain property owned by the district shall be maintained in accordance with s. 274.02.
Fla. Stat. § 388.323 Disposal of surplus property
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Surplus property shall be disposed of according to the provisions set forth in s. 274.05 with the following exceptions:(1) Serviceable equipment no longer needed by a county or district shall first be offered to any or all other counties or districts engaged in arthropod control …
Fla. Stat. § 388.341 Reports of expenditures and accomplishments
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Each county and district participating under the provisions of this chapter shall within 30 days after the end of each month submit to the department a monthly report for the preceding month of expenditures from all funds for arthropod control, and such reports of activities and …
Fla. Stat. § 388.351 Transfer of equipment, personnel, and supplies during an emergency
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The department, upon notifying a county or district and obtaining its approval, is authorized to transfer equipment, materials, and personnel from one district to another in the event of an emergency brought about by an arthropod-borne epidemic or other disaster requiring emergen…
Fla. Stat. § 388.361 Department authority and rules; administration
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(1) This chapter and all rules adopted and promulgated hereunder shall be administered and enforced by the department.(2) The department shall adopt rules to implement the provisions of this chapter. Such rules shall provide for:(a) Criteria by which a demonstrable increase or ot…
Fla. Stat. § 388.3711 Enforcement
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(1) The department is empowered to enforce this chapter or its rules by commencing and maintaining all proper and necessary actions and proceedings, including, but not limited to, application for injunction to the proper circuit court to grant a temporary or permanent injunction,…
Fla. Stat. § 388.381 Cooperation by counties and district
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Any county or district carrying on an arthropod control program may cooperate with another county, district, or municipality in carrying out a program for the control of mosquitoes and other arthropods, by agreement as to the program and reimbursement thereof, when approved by th…
Fla. Stat. § 388.391 Control measures in municipalities and portions of counties located outside boundaries of districts
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Any district whose operation is limited to a portion of the county in which it is located may perform any control measures authorized by this chapter in any municipality located in the same county or in any portions of the same county, where there is no established district, when…
Fla. Stat. § 388.401 Penalty for damage to property or operations
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Whoever shall willfully damage any of the property of any county or district created under this or other chapters, or any works constructed, maintained, or controlled by such county or district, or who shall obstruct or cause to be obstructed any of the operations of such county …
Fla. Stat. § 388.4111 Public lands; arthropod control
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(1) It is declared to be in the best interests of the state that certain environmentally sensitive and biologically highly productive public lands owned by the state or any political subdivision thereof where arthropods incubate, hatch, or occur so as to constitute a public healt…
Fla. Stat. § 388.43 Florida Medical Entomology Laboratory
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(1) The Florida Medical Entomology Laboratory, located in Vero Beach, shall be a research and training center for the state under the supervision of the Board of Governors. The laboratory shall be an operational unit of the University of Florida and an integral part of the Instit…
Fla. Stat. § 388.45 Threat to public or animal health; declarations
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(1) The State Health Officer has the authority to declare that a threat to public health exists when the Department of Health discovers in the human or surrogate population the occurrence of an infectious disease that can be transmitted from mosquitoes or other arthropods to huma…
Fla. Stat. § 388.46 Florida Coordinating Council on Mosquito Control; establishment; membership; organization; responsibilities
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(1) ESTABLISHMENT OF COUNCIL; LEGISLATIVE INTENT.—It is declared to be in the best interest of the state that public agencies responsible for and involved in arthropod control activities work together to reduce duplication of effort, foster maximum efficient use of existing resou…