Bureau of Compliance Monitoring
- Aircraft Registration
- Proof of Insurance of Surety Bond
- Storage Requirements
- Reporting Aircraft Transactions
- Inspection Authority
- Aerial Security Forms
- Aerial Security Laws and Rules
- Aerial Security Links
In 2001, the Florida Legislature authorized and directed the Department of Agriculture and Consumer Services to establish regulations governing aircraft used for the aerial application of pesticides, fertilizer, and seed, including requirements for recordkeeping, annual aircraft registration, secure storage when not in use, area-of-application information, and reporting any sale, lease, purchase, rental, or transfer of such aircraft to another person.
The Department was also authorized and directed to establish requirements governing the secure storage of pesticides and fertilizer used by aerial applicators.
Below is information concerning the regulations established by the Department to implement security of aerial operations involving the application of pesticides, fertilizer, and seed.
All aircraft used to apply or dispense any pesticide, fertilizer, or seed product in Florida must be registered annually with the Florida Department of Agriculture and Consumer Services using “Application for Aircraft Registration” (pdf). Completed forms should be submitted to the Pesticide Certification Section as directed on the form. No registration fee is required.
Agricultural Pesticides - Registrations for application of agricultural pesticides require insurance or surety bond. The aircraft registration will be valid until the expiration of the insurance policy or surety bond, or up to one year from issue date. Registrations must not exceed one year.
Public Health (Mosquito Control) Pesticides - Registrations for public health pesticides only, or for public health pesticides plus fertilizer and/or seed, do not require insurance or surety bond. The expiration date will be June 30th. If the registration also includes agricultural pesticides, the registration will expire at the time the insurance policy or surety bond expires.
Fertilizer/Seed Products - Registrations for fertilizer and/or seed products only do not require insurance or surety bond. The expiration date will be one year from issue date. If the registration also includes public health pesticides, the expiration date will be June 30th. If the registration includes agricultural pesticides, the registration will expire at the same time the insurance policy or surety bond expires.
If agricultural pesticides are applied, proof of insurance or surety bond must be provided with the application for registration. This is not required if only fertilizer, seed, and/or public health pesticides are applied. Below are the requirements for insurance or surety bond for agricultural pesticide application:
Option 1: Insurance. Insurance must be in the amount of $100,000 (minimum) property damage coverage plus $300,000 (minimum) bodily injury coverage per occurrence, insuring the registered aircraft against liability for damage, loss, or injury, including chemical drift or trespass, resulting from the aerial application of any pesticide made form the covered aircraft. A deductible clause of $1,000 is acceptable.
Option 2: Surety Bond. Surety bonds must be in the amount of $100,000 minimum, executed by a corporate surety company authorized to conduct business in Florida.
Aircraft Storage - Florida law requires all aircraft used to apply or dispense any pesticide, fertilizer, or seed to be secured when not in use. Secured when not in use means: keeping the aircraft within a locked building, locked in place securely, mechanically disabled from flying; or use of any other reasonable method which prevents or deters theft or unauthorized use.
Chemical Storage - Florida law requires all pesticides and fertilizers on the premises owned or controlled by any aerial applicator to be stored and maintained so they are not accessible to unauthorized persons. Secured storage means: fences with a minimum 6 feet height; door locks; valve locks; electronic security systems; disabling of mobile storage units; blocking of access, ingress, or egress; or any other reasonable method to prevent or deter theft or unauthorized use. Buildings used to store pesticides and/or fertilizers must be of rigid construction so unauthorized entry can not be achieved without the use of heavy machinery or equipment. If a portable building is used, the building must be secured in place so it can not be towed or otherwise removed by unauthorized persons.
During time of a declared emergency issued by the Florida Governor or Commissioner of Agriculture, aerial applicators must keep records relating to the aerial application of all pesticides, fertilizers, and seed. This is required by Florida law and regulations. Records must contain the following information:
- Name, FDACS pesticide applicator license number, and FAA license number of the licensee responsible for the application;
- Date, start time and end time of treatment;
- Location of treatment site, which may be recorded
using any of the following designations:
a. County, range, township, and section;
b. An identification system utilizing maps and/or written descriptions which accurately identify the location and distinguish the treatment site from other sites;
c. The legal property description; or
d. Global Positioning Satellite (GPS) coordinates or longitude/latitude points which delineate the treated area.
- Name of the person requesting or authorizing the application;
- Aircraft manufacturer, make and model;
- FAA aircraft registration number; and
- Originating airport or airstrip.
The above information must be maintained for a period of two years from application in a manner that is accessible by the Department upon request.
Any purchase, sale, rental, leasing, or transfer of ownership of an aircraft used for application of any pesticide, fertilizer, or seed must be reported to the Department within 24 hours of the transaction. The report must be transmitted to fax number (850) 617-7895 or delivered to the Pesticide Certification Section at 3125 Conner Boulevard, Building 8, Tallahassee, Florida, on one of the following forms:
1. “Report of Aircraft Transaction” (pdf) (Florida Department of Agriculture and Consumer Services form)2. “Ownership Declaration and Sales and Use Tax Report on Aircraft” (pdf) (Florida Department of Revenue form DR-42A)
3. “Aircraft Bill of Sale” (pdf) (Federal Aviation Administration form AC 8050-2)
Representatives of the Florida Department of Agriculture and Consumer Services are authorized to inspect aircraft required to be registered with the Department for application of agricultural products during normal working hours without prior notification or as determined necessary when an emergency has been declared. Inspections focus on equipment relating to aerial application and whether all law and rule requirements have been met.
- "Application for Aircraft Registration" (pdf) (Florida Department of Agriculture and Consumer Services form)
- "Report of Aircraft Transaction" (pdf) (Florida Department of Agriculture and Consumer Services form)
- "Ownership Declaration and Sales and Use Tax Report on Aircraft" (pdf) (Florida Department of Revenue form)
- "Aircraft Bill of Sale" (pdf) (Federal Aviation Administration form)
- Aerial Security Law - General Provisions (pdf) [chapter 570]
- Aerial Security Law - Pesticides (pdf)
- Aerial Security Law - Fertilizer (pdf)
- Aerial Security Law - Seed (pdf)
- Aerial Security Rule - Agricultural Pesticides (pdf)
- Aerial Security Rule - Public Health Pesticides (pdf)
- Aerial Security Rule - Fertilizer (pdf)
- Aerial Security Rule - Seed (pdf)
For questions, concerns, complaints or compliments please email us at AESCares@FreshFromFlorida.com