Charles H. Bronson, Commissioner    -    Anderson H. (Andy) Rackley, Director
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Bureau of Entomology and Pest Control

Industry Compliance Assistance


Bureau Inspectors perform routine compliance inspections on Pest Control Business Licensees as authorized by Chapter 482, Florida Statutes. The Bureau Inspectors also perform routine on-site fumigation inspections for compliance.

Pest Control Business Licensees are welcome to contact their local inspector directly (find your inspector here) and/or the Bureau Headquarters in Tallahassee at any time to discuss any issues or concerns they may have.

Comments or issues involving legislative changes or suggestions should be put in writing as it is extremely helpful for tracking and use in several legislative committees.

The Bureau usually will request a licensee to come into compliance on any noted violations within a reasonable time frame depending on the type and severity of the violation

In some situations, the Bureau will issue an Administrative Complaint in accordance with Chapter 120, Florida Statutes. A Licensee, Certified Operator, an applicator, or unlicensed operator will be served an Administrative Complaint which will state the basis for the action. Enclosed with the complaint will be a "Notice of Rights" information sheet which will explain various options to either reach a settlement or how to request an informal or formal administrative proceeding.
 

Rules and Regulations: 
 

The Bureau of Entomology and Pest Control, Pest Control Section, regulates the Structural Pest Control Industry by the authority granted by the Structural Pest Control Act, Chapter 482, Florida Statutes and the associated rules, Chapter 5E-14, Florida Administrative Code.

The Statutes are maintained on the "Online Sunshine -- The Florida Legislature" web site. The first link below takes you to the Statute area maintained by the Florida Legislature.  Please use your back button to return to this area.  The other links will download a 'pdf' file of the current regulation that you can print out on your own machine.

The Florida Administrative Code is maintained by the Department of State.  The first link will take you to their site.  Once there, you will first have to select Chapter 5 - Agriculture which will display the pdf file within a frameset of your browser.  After it loads you will have to select Ch 5E-14, Entomology -- Pest Control Regulations for it to display in the window. 

The Statutes and Rules are also available, by mail, upon request. Please contact us at (850) 921-4177, 8 am till 5 pm, Monday through Friday (except for State Holidays) or write us at: Bureau of Entomology and Pest Control, 1203 Governors Square Blvd, Suite 300, Tallahassee, Florida, 32301.

Enforcement Statistics (pdf)

 

Administrative Complaint Process: 

Issuance of an Administrative Complaint - All case files and routine inspections are routed through the Enforcement subsection for logging and tracking. When an investigation or inspection reveals suspected violation(s) of Chapter 482, Florida Statutes, and/or Chapter 5E-14, Florida Administrative Code, the Enforcement subsection routes the file through its review process.

Case File Review - The case file is evaluated and a case file review summary is prepared to determine the alleged violation(s), the identity of the suspected violator(s), and the type and degree of evidence collected by our investigator. Investigators attempt to document both sides of any allegations. In some cases, a follow-up work order will be sent to the investigator to collect some additional (or supplemental) evidence such as witness statements, photographs, and/or the current consumer status.

The suspected violator(s) files are then reviewed to determine if a record exists of any administrative actions issued over the last three years for violations of a similar nature and notations made on the review summary.

After review, any files with suspected violations are routinely discussed and the administrative sanction is calculated from the enforcement matrix.

Issuance of an Administrative Complaint against the Violator - The issuance of an administrative complaint is not taken lightly. Any administrative action issued by the Bureau has the potential to begin costly legal proceedings and could end up being heard by the Florida Supreme Court. The Bureau operates on limited personnel and resources. Case evidence must be "clear and convincing" and is evaluated for its ability to withstand the scrutiny of a hearing officer or judge.  (As a comparison, criminal cases must prove "beyond a shadow of a doubt" and civil cases must bear the "preponderance of evidence".)

If an administrative action is supported, the Enforcement subsection prepares the "Administrative Complaint and Proposed Settlement Agreement" and serves notice to the alleged violator (now known as the Respondent). The Administrative Complaint will state the basis for the action. Enclosed with the complaint will be a "Notice of Rights" information sheet which will explain the respondent's rights and provides an area for the respondent to request either an informal or formal administrative proceeding. A respondent has 21 days from date of receipt of the complaint to decide and notify the Bureau of their intentions.

If the proposed settlement is agreeable, the Respondent simply has to execute it and comply with its terms. Upon receipt the Enforcement subsection will forward the settlement to the General Counsel's Office in Tallahassee for review, approval and execution. Once the settlement is executed and filed with the agency clerk, it is then returned to the Enforcement subsection mailed to the Respondent and the matter is closed.

Hearing Requests - If a request for an administrative proceeding is requested, the Enforcement subsection will coordinate the subsequent activities depending on which type of proceeding is selected.

Formal - If a formal administrative hearing is requested (normally to dispute the facts of the case), the settlement offers are withdrawn and the formal proceeding is initiated.

If the Respondent desires a formal proceeding, the case file is forwarded to the General Counsel's Office for evaluation, and assignment to a staff attorney. The Bureau transfers the entire matter and has no further management responsibilities with the proceedings. The Legal Section in Tallahassee then processes a formal hearing request to the Division of Administrative Hearings to assign a hearing officer to the matter. An administrative hearing is held (usually with all parties involved and their respective counsels) in the locality of the respondent and the Hearing Officer will issue a Recommended Order which is usually the basis for issuance of a Final Order by the Department to conclude the matter.

Informal - If the Respondent desires an informal proceeding (usually to mitigate the proposed sanction), the Enforcement subsection arranges for a hearing date and time. 

The informal proceeding is held and any mitigating information is disclosed and discussed. The Hearing Officer will then evaluate the testimony, records and evidence and issues a "Seven Day Letter" informing the Respondent of his or her findings and the final sanction determination. Following payment, a Final Order is normally issued to conclude the matter.

Failing to Respond to an Administrative Complaint - Failure to respond to an Administrative Complaint will result in the Enforcement subsection filing for a Final Order that will impose the administrative sanction and REVOCATION any credentials issued by the Bureau.

The Bureau will not process any applications or renewals for any licensing or other credentials if there is an outstanding, unpaid, administrative fine against the party.

Please contact the Enforcement Section at (850) 921-4177 for any further details concerning the Administrative process as handled by the Bureau and in accordance with Chapter 120, Florida Statutes.

Routine Inspections - Licensee Inspection and Fumigation Site Inspection


Routine Pest Control Business Licensee Inspections (Form 610A and 610B)

This routine compliance inspection determines compliance with many different sections of Chapter 482, Florida Statutes and Chapter 5E-14, Florida Administrative Code, regarding a licensed pest control business location.

These inspections are performed at the licensed business location as disclosed on the Application for Pest Control Business License.

The inspector will normally review and verify each item during the inspection. The inspection starts with an administrative review of license and certificate posting/display, a check of valid ID cards, specimen label review, advertising, and training programs. If Wood-Destroying Organisms (WDO) inspections or service work is performed than contract retention, and terms are reviewed, as well as, checking that inspectors possess WDO cards. WDO inspection notices, Form 1145 - Wood-Destroying Organisms Inspection Reports are checked for compliance and retention.

Vehicle inspections address permanent markings, chemical lockboxes (and pesticide containers), and spray tank anti-siphon device or air-gap.

If fumigations are performed, then a detailed inspection covering fumigation notices, warning signs, clearance notices, consumer information sheets, tarp conditions, and gas detectors is conducted.

The inspection then proceeds to the chemical room and chemical storage. A label review is normally conducted, worker safety issues verified and pesticide disposal and spill control procedures reviewed.

Any items not in compliance are noted and a time frame established for correction. The licensee will return a signed copy that the deficiency(ies) have been corrected. If the deficiency involves chemical usage, a follow up inspection is normally conducted.

The Licensee Inspection, 610A and 610B inspection form (not available at this time).

Routine Fumigation Inspection Report (Form 1593/DACS-13629 [pdf])

This routine compliance inspection determines compliance with many different sections of Chapter 482, Florida Statutes and Chapter 5E-14, Florida Administrative Code, regarding fumigation procedures.

Bureau Inspectors normally draw inspection sites from the fumigation notices that are required to be sent to the local inspector's office 24 hours in advance of the fumigation by the fumigator. Sometimes, the site is chosen based on a consumer request or follow-up to written complaints on file.

These inspections are performed in the field at the site of fumigation. These inspections can be either in full view or by surveillance from a remote location. When done under surveillance, the tent crew is observed to see if they are performing the proper pre-fumigation inspections prior to release of the fumigant. Following the exposure period, the tent crew is observed to see if proper label and safety precautions are followed for aeration and declaring the dwelling safe for re-occupancy.

The inspection begins with a detail review of the Warning signs being used at the site. The type of structure and method of seal is noted. The tent (or tarps) are inspected for proper ground seal, any leaks/tears and overall condition.  The use of secondary locking devices are also documented.

Label required safety equipment such as, the Self Contained Breathing Apparatus (SCBA), flashlights, gas detection equipment, and warning agents are inspected.

The fumigant container, scales, and shooting hose are also inspected. The inspection is concluded with the notation of any abnormal hazards observed and any deficiencies that may need to be corrected. Since fumigation is such a technically demanding area, most corrections are required to be made immediately.

Fumigation has the potential to cause great bodily harm or even death. Repetitive violators will find the Bureau taking prompt administrative action.

If interested, you can review a copy of the Fumigation Inspection Report, form 1593/DACS-13629 (pdf).

Routine Inspections - Licensee Inspection and Fumigation Site Inspection

Routine Pest Control Business Licensee Inspections (Form 610A and 610B)

This routine compliance inspection determines compliance with many different sections of Chapter 482, Florida Statutes and Chapter 5E-14, Florida Administrative Code, regarding a licensed pest control business location.

These inspections are performed at the licensed business location as disclosed on the Application for Pest Control Business License.

The inspector will normally review and verify each item during the inspection. The inspection starts with an administrative review of license and certificate posting/display, a check of valid ID cards, specimen label review, advertising, and training programs. If Wood-Destroying Organisms (WDO) inspections or service work is performed than contract retention, and terms are reviewed, as well as, checking that inspectors possess WDO cards. WDO inspection notices, Form 1145 - Wood-Destroying Organisms Inspection Reports are checked for compliance and retention.

Vehicle inspections address permanent markings, chemical lockboxes (and pesticide containers), and spray tank anti-siphon device or air-gap.

If fumigations are performed, then a detailed inspection covering fumigation notices, warning signs, clearance notices, consumer information sheets, tarp conditions, and gas detectors is conducted.

The inspection then proceeds to the chemical room and chemical storage. A label review is normally conducted, worker safety issues verified and pesticide disposal and spill control procedures reviewed.

Any items not in compliance are noted and a time frame established for correction. The licensee will return a signed copy that the deficiency(ies) have been corrected. If the deficiency involves chemical usage, a follow up inspection is normally conducted.

If interested, you can review a copy of the Licensee Inspection, 610A and 610B inspection form (not available at this time).

Routine Fumigation Inspection Report (Form 1593): This routine compliance inspection determines compliance with many different sections of Chapter 482, Florida Statutes and Chapter 5E-14, Florida Administrative Code, regarding fumigation procedures.

Bureau Inspectors normally draw inspection sites from the fumigation notices that are required to be sent to the local inspector's office 24 hours in advance of the fumigation by the fumigator. Sometimes, the site is chosen based on a consumer request or follow-up to written complaints on file.

These inspections are performed in the field at the site of fumigation. These inspections can be either in full view or by surveillance from a remote location. When done under surveillance, the tent crew is observed to see if they are performing the proper pre-fumigation inspections prior to release of the fumigant. Following the exposure period, the tent crew is observed to see if proper label and safety precautions are followed for aeration and declaring the dwelling safe for re-occupancy.

The inspection begins with a detail review of the Warning signs being used at the site. The type of structure and method of seal is noted. The tent (or tarps) are inspected for proper ground seal, any leaks/tears and overall condition.  The use of secondary locking devices are also documented.

Label required safety equipment such as, the Self Contained Breathing Apparatus (SCBA), flashlights, gas detection equipment, and warning agents are inspected.

The fumigant container, scales, and shooting hose are also inspected. The inspection is concluded with the notation of any abnormal hazards observed and any deficiencies that may need to be corrected. Since fumigation is such a technically demanding area, most corrections are required to be made immediately.

Fumigation has the potential to cause great bodily harm or even death. Repetitive violators will find the Bureau taking prompt administrative action.

If interested, you can review a copy of the Fumigation Inspection Report, form 1593/DACS-13629.

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