HomeMy WebLinkAboutDocumentation_Workshop_Tab 04_3/29/2021Agenda Item #4.
Workshop
STAFF MEMO
Meeting: Workshop -Mar 29 2021
Staff Contact: Robert Shaw
Council Discussion on Pesticide Management
Department: Environmental Advisory
Committee
At the Environmental Advisory Committee's meeting in October, committee members unanimously
approved the decision to forward the following letter to Village Council regarding the Village's existing
Pesticide Management section within the code of ordinances and our recommendations for revision.
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&U RL=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.
The Village of Tequesta's existing language for Pesticide Management in it's code of ordinances can
be found at - 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_A
RTIXSURE DIV4LA S78-399MA
This section reads;
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)
Page 155 of 166
Agenda Item #4.
Given this existing language in our codes, the EAC recommends that, at minimum, language be
amended to reflect requirements of commercial applicators in the Village to be Licensed and have a
Certified Operator; However, with the goal to more fully inform residents and commercial applicators
about pesticide application within our code of ordinances, I reached out to Gary Stanford at FDACS.
Mr. Stanford is the Environmental Manager at FDACS's Bureau of Licensing and Enforcement.
wanted to solicit his input on how municipalities can best assist the State pursuant to Chapter 482,
FS. 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.
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.
(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.
Page 156 of 166
Agenda Item #4.
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/Business-
Services/Pest-Control/Licensing-and-Certification.
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 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. 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 the VOT's code of ordinances, the Village could
minimize unlicensed and dangerous commercial pesticide application in the VOT and continue to
educate it's citizens on responsible and safe pest control practices.
Finally, I'm forwarding the attached link below to a 29 minute video of a presentation done in Palm
Beach back in 2019. If council has the time to spare to watch, it touches on many issues that the EAC
have discussed and imparts a more comprehensive understanding of why these issues are important.
The presentation was titled "Where Have All The Songbirds Gone". It featured scientists and
professionals from around the country speaking about the effects of landscapes with non -natives
plants and large areas of lawn that are sprayed with pesticides. The video also has information on
Page 157 of 166
Agenda Item #4.
how the town's Public Works Dept. is taking pro -active steps to address some of the problems
detailed in the presentation.
https://www.youtube.com/watch?v=1gIXF1 hvfSs&feature=youtu.be
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
FDACS Correspondence
Page 158 of 166
Agenda Item #4.
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 159 of 166
Agenda Item #4.
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.
I 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 <Gary.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 160 of 166