HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 03_10/14/2020 Agenda Item #3.
Environmental Advisory Committee (EAC)
STAFF MEMO �
Meeting: Environmental Advisory Committee (EAC) - Oct 14 2020
Staff Contact: Robert Shaw Department: Environmental Advisory
Committee
Review of Input Received on a Proposed Updated Tequesta Pesticide Ordinance
Jeremy
FDACS Correspondence
Page 11 of 144
Agenda Item #3.
Jeremy,
The Environmental Advisory Committee would like the Village Council to consider revisions to
it's existing Pesticide Ordinance. Under Chapter 78 Zoning, Article IX Supplemental Regulations,
Div. 4 Landscaping, Sec 78-399 Maintenance, Part D Pesticide Management
(https://library.municode.com/fl/tequesta/codes/code of ordinances?nodeld=PTIICOOR CH78Z0 ART
IXSURE DIV4LA 578-399MA),the ordinance reads;
(1)
All landscape applications of pesticides, including "weed and feed"products, for hire
should be made in accordance with state and federal law and with the most current
version of the Florida-Friendly Best Management Practices for Protection of Water
Resources by the Green Industries, as amended.
(2)
Property owners and managers are encouraged to use an Integrated Pest
Management Strategy as currently recommended by the OF/IFAS Extension
publications.
(3)
When using pesticides, all label instructions of state and federal law should be
adhered to. The Florida Department of Agriculture and Consumer Services is
responsible for enforcement of pesticide laws.
(Ord. No. 39-13, § 1, 2-13-14; Ord. No. 30-19, § 2, 1-9-2020)
The Florida Dept. of Agriculture and Consumer Services (FDACS) regulates and licenses the
pest control industry under the authority of the Structural Pest Control Act—Chapter 482,
Florida Statutes
(http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL
=0400-0499/0482/0482.html). In effect, the statute affords the state pre-emption on
pesticide regulations in Florida.
There are various categories of Pest Control defined under the statute (Chapter 482, FS),
including lawn and ornamental pest control. Any commercial applicator business falling under
any of the defined categories must be licensed by FDACS and have a "Certified Operator"
complete an application, pay a fee, and pass an examination.
reached out to Gary Stanford at FDACS to solicit his input on how municipalities can best assist
the State pursuant to Chapter 482, FS. Mr. Stanford is the Environmental Manager at FDACS's
Bureau of Licensing and Enforcement. I have attached correspondence with Mr. Stanford as an
attachment to this email.
Mr. Stanford stated that he would see nothing to prohibit Tequesta from adopting an ordinance
that cite's details within Chapter 482, FS. He also re-iterated what is in the state's statute... that
everyone applying pesticides commercially must be certified and/or licensed through FDACS.
Page 12 of 144
Agenda Item #3.
The following are sections of Chapter 482, FS that could be cited in a revised Tequesta Pesticide
Ordinance to better inform and educate the public and commercial pesticide applicators;
482.032 Enforcement.—
(1) The department is empowered to enforce this chapter.
(2) It is the duty of every state attorney, sheriff, police officer, and other appropriate
county or municipal officer to enforce, or to assist any duly authorized inspector or other
agent of the department in the enforcement of, this chapter and the rules adopted by the
department under the provisions of this chapter.
482.051 Rules.
(2) That vehicles and trailers used in pest control be permanently marked with the
licensee's name that is registered with the department. However, vehicles that are used
to perform only sales and solicitation may have temporary or removable markers.
482.071 Licenses.
(1) The department may issue licenses to qualified businesses to engage in the
business of pest control in this state. It is unlawful for any person to operate a pest
control business that is not licensed by the department.
(e) The department may not issue or renew a license to engage in the pest control
business unless the applicant's pest control activities are under a certified operator or
operators in charge who are certified in the categories of the licensee.
482.091 Employee identification cards.
(1)(a) Each employee who performs pest control for a licensee must have an
identification card.
(2)(a) An identification cardholder must be an employee of the licensee and work
under the direction and supervision of the licensee's certified operator in charge......
482.111 Pest control operator's certificate.
1. (1) The department shall issue a pest control operator's certificate to each
individual who qualifies under this chapter. Before issuance of an original
certificate, an individual must complete an application for examination, pay the
examination fee required under s. 482.141, and pass the examination. Before
engaging in pest control work, each certified operator must be certified as
provided in this section.
Page 13 of 144
Agenda Item #3.
(2)(a) The department shall issue pest control operator's certificates in several
categories, including fumigation, general household pest control, lawn and ornamental
pest control, and termites and other wood-destroying organisms pest control.
482.165 Unlicensed practice of pest control; cease and desist order;
injunction; civil suit and penalty.
(1) It is unlawful for a person, partnership, firm, corporation, or other business entity
not licensed by the department to practice pest control.
(2) If the department has probable cause to believe that a person, partnership, firm,
corporation, or other business entity not licensed by the department to practice pest
control has violated any provision of this chapter, the department shall issue and deliver
to that person, partnership, firm, corporation, or other business entity a notice to cease
and desist from such violation. For the purpose of enforcing a cease and desist order,
the department may file a proceeding in the name of the state seeking issuance of an
injunction or a writ of mandamus against any person, partnership, firm, corporation, or
other business entity that violates any provision of the order.
482.211 Exemptions. This chapter does not apply to:
(1) Pest control, except for fumigation, performed by a person upon her or his own
individual residential property.
In addition to these preceding passages from Chapter 482, FS, the following are excerpts from
FDACS website on Pest Control Licensing and Certification. -
https://www.fdacs.gov/Busi ness-Services/Pest-Control/Licensing-a nd-
Certification.
Here's a couple of key points and directives from FDACS;
1. If you have a complaint about pesticide use related to structural pest control, lawn care,
mosquito control, aquatic weed control or agricultural applications, please contact
FDACS at (850) 617-7996
2. Can lawn maintenance companies make pesticide applications on my property?
No, lawn maintenance companies cannot make pesticide applications to turf areas of your
property. Presently, lawn maintenance companies are restricted to making ONLY fertilizer
applications within turf areas. They cannot make "weed-n-feed" applications or use
Page 14 of 144
Agenda Item #3.
granular fertilizers with pesticides incorporated within them. Lawn maintenance companies
can cut, mow, edge, use blowers and physically pull weeds anywhere within your turf or
plant bed areas.
Hopefully the Village Council will consider incorporating some of the key requirements of
Chapter 482, FS and FDACS requirements into a revised Pesticide ordinance. Again, while it is
recognized that the state has pre-emption authority, Tequesta's ordinance could require;
- Commercial applicators to provide proof to the Village (when applying for their
yearly business certificate) that their business is a licensed pest control company
and that they have a "Certified Operator" who has taken and passed a state test
for Pest Control.
Cite the requirement within Chapter 482, FS, that vehicles and trailers used in pest
control must be permanently marked with the licensee's name that is registered
with FDACS.
It may also serve the public better to go into more detail on Integrated Pest Management
Strategies . According to OF/IFAS Florida Friendly Landscaping - Integrated Pest
Management, or IPM, is a comprehensive approach to managing plant pests. IPM uses
different methods to manage pests while causing the least harm to people, property, and
the environment. IPM emphasizes proper planning and plant maintenance and natural or
low-toxic controls.
With the Village Council's recent adoption of Resolution 2-20 to reduce and eliminate the use
of Glyphosate by Village employees and contractors,. Tequesta took a significant stride in
protecting our environment and it's citizens from one pesticide. The Resolution's passage also
increased the public's awareness of a potential concern regarding pesticide use. By
consideration of more comprehensive language towards pesticide use in a revised ordinance,
the Village will hopefully eliminate unlicensed and dangerous commercial pesticide
application in the VOT and continue to educate it's citizens on responsible and safe pest
control practices.
Robert Shaw
Vice-Chair Environmental Advisory Committee
Village of Tequesta
Page 15 of 144
Agenda Item #3.
From: Stanford, Gary [mailto:Gary.Stanford@fdacs.gov]
Sent:Tuesday, September 8, 2020 9:50 AM
To: Robert Shaw<vot.rshaw.eac@gmail.com>
Subject: RE:Tequesta's Pesticide Ordinance
Good Morning Mr. Shaw,
I see nothing that would prohibit Tequesta from adopting ordinances that site Chapter 482, FS. All
enforcement of chapter 482 is preempted to the state.
There is no master list. The program is designed as a search database. However,you can email Joe
Parker at Parker,Joe Joseph.Parker@fdacs.gov and request a list of licensed pest control companies in
Palm Beach and Martin Counties in the Lawn and Ornamental category of pest control.That should
cover most of the pest control companies operating in Tequesta.
Also, keep in mind, Lawn Maintenance companies that treat plant beds may have individual employees
that have Limited Certification that allows them to make such applications even though the Lawn
Maintenance company itself carries no pest control licensure.
I hope this helps,
Gary
From: Robert Shaw<vot.rshaw.eac@gmail.com>
Sent:Tuesday, September 8, 2020 9:25 AM
To: Stanford, Gary<Gary.Stanford@fdacs.gov>
Subject: RE:Tequesta's Pesticide Ordinance
Gary,
Thank you so much for your response. Can I ask a follow-up question or two?
- Is there a master list of Licensed Pest Control Companies where someone could see a list of
licensed companies in their area of County? I believe the only data base I found was where you
had to first enter a company name to see if they are Licensed.
- Could a municipality draft an ordinance citing the state's Statute (482) and then cite some of the
requirements.....Company licensing, Operators Certificate, Employee ID cards,Vehicles and
Trailers used in pest control must be permanently marked with the licensee's name that is
registered with FDACS.
Robert Shaw
Vice-Chair Environmental Advisory Committee
Village of Tequesta
From: Stanford, Gary [mailto:Gary.Stanford@fdacs.gov]
Sent: Friday, September 4, 2020 4:36 PM
To: Robert Shaw<vot.rshaw.eac@gmail.com>
Subject: RE:Tequesta's Pesticide Ordinance
Hello Robert,
Sorry to take so long, but it has been crazy.
Page 16 of 144
Agenda Item #3.
This Ordinance is generally broad and does not infringe on the State's preemption of pesticide
regulations in the Florida Structural Pest Control Act, Chapter 482, Florida Statutes.As stated previously,
Florida is a Label State which makes the registered label with EPA and separately with Florida the law.
All individuals using the product, commercially or privately, must adhere to the product label directions
for safe application. Applications per label provides the best results whereas using too much or too little
can produce undesired results
Everyone applying pesticides commercially must be certified and or licensed with the State through the
Florida Department of Agriculture and Consumer Services (FDACS).Anyone hiring a lawn service should
ask if and how they control weeds in plant beds. If they indicate they will be spraying weeds they need
to ask if their applicators are certified. Many lawn service people don't know they must be certified to
apply weed killers. Being certified assures at least minimal training.
hope this helps. Please feel free to contact me with any questions or concerns as they arise.
Thanks,
Gary.
From: Robert Shaw<vot.rshaw.eac@gmail.com>
Sent:Wednesday, September 2, 2020 4:33 PM
To:Stanford, Gary<Garv.Stanford@fdacs.gov>
Subject:Tequesta's Pesticide Ordinance
Hi Gary,
Thanks again for your time and input today. Attached is Tequesta's
current ordinance regarding pesticide use in Landscaping Maintenance.
Any thoughts on it and how it could be improved would be greatly
appreciated.
Under Chapter 78 Zoning, Article IX Supplemental Regulations, Div. 4 Landscaping, Sec. 78-399
Maintenance, Part D Pesticide management.
(1)
All landscape applications of pesticides, including "weed and feed"products, for hire should be
made in accordance with state and federal law and with the most current version of the Florida-
Friendly Best Management Practices for Protection of Water Resources by the Green Industries,
as amended.
(2)
Property owners and managers are encouraged to use an Integrated Pest Management Strategy
as currently recommended by the OF/IFAS Extension publications.(3)When using pesticides, all
label instructions of state and federal law should be adhered to. The Florida Department of
Agriculture and Consumer Services is responsible for enforcement of pesticide laws.
(Ord. No. 39-13, § 1, 2-13-14; Ord. No. 30-19, § 2, 1-9-2020)
Robert Shaw
Vice-Chair Environmental Advisory Committee
Village of Tequesta
(561)440-4024
Page 17 of 144
Agenda Item #3.
Environmental Advisory Committee (EAC)
STAFF MEMO �
Meeting: Environmental Advisory Committee (EAC) - Oct 14 2020
Staff Contact: Robert Shaw Departure Environmental Advisory
nt: Committee
Review of Input Received on a Proposed Updated Tequesta Pesticide Ordinance
Jeremy
FDACS Correspondence
Page 18 of 144