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

Industry Compliance Assistance
 

Rules and Regulations

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

Statutes

The Statutes are maintained on the "Online Sunshine -- The Florida Legislature" web site.  The first link below take 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 (as of the date noted) that you can print out on your own machine.

Rules/Administrative Code

The Florida Administrative Code is maintained by the Department of  State.  The first link will take you to their site.  Once there, you will have to navigate to our section 5E-14.

The Statutes and Rules are also available, by email or by regular U.S. mail, upon request.  Please contact us at (850) 617-7997, 8 a.m. till 5 p.m., 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.

Bureau Inspection and 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 and preventative subterranean termite treatments for compliance.

How to File A Complaint

Bureau Inspectors are also assigned to investigate any consumer complaints.  Use DACS 13621 (pdf) if you'd like to file a compliant, please complete this electronic form starting at the "complainant" section and click on the submit button at the bottom of the page.  Upon receipt, your complaint will be reviewed and forwarded to a field supervisor for assignment to a local field inspector.

The Bureau will also email or mail you a complaint form, upon request.  Please contact us at (850) 617-7997, 8 a.m. till 5 p.m., 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.

There are some situations where the business licensee and consumer would like the department inspectors to review their present situations WITHOUT filing an actual complaint.  In these situations, we recommend that the business licensee or consumer contact their local inspector, or the Bureau, directly to request compliance assistance.

Normally, the Bureau will request a licensee to come into compliance on any noted violations, if any, and otherwise will try to provide information and assistance to resolve the situation between the company and their customers.

Industry Compliance Assistance CAN RESULT in agency action depending on individual circumstances of each situation.

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 tracking and use in several legislative committees.

The Administrative Complaint Process (In detail)

If the Bureau issues 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 and proposed penalty 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.

It is IMPERATIVE that the licensee or violator DOES NOT ignore an administrative complaint.  If the administrative complaint is properly served to you, and you do not respond, the Administrative Action will be imposed on you BY DEFAULT and you will have no ability to respond at all.

The Bureau publishes a quarterly Disciplinary Action Memorandum to the regulated industry.  This link will take you to the memorandum section.  The Bureau also maintains Enforcement Statistics (pdf).

All case files (both routine and investigative) are routed  through the Enforcement subsection for logging and tracking.  When an investigation or inspection reveals violation(s) of Chapter 482, Florida Statutes, and/or Chapter 5E-14, Florida Administrative Code, the case file is routed through the Enforcement Section's review process.

Case File Review

The case file is evaluated and a case file review summary is prepared to review 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 a witness statements, photographs, and/or current consumer status.

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

After review, any files with suspected violations are routinely discussed and the proposed administrative sanction is calculated from the enforcement matrix found in Rule, Chapter 5E-14, Florida Administrative Code.

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 office 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 warranted, the Enforcement subsection prepares the "Administrative Complaint and Proposed Settlement Agreement" and forwards the entire file to the Division Director for final approval.  (Some types of case files have been delegated to the Bureau Chief for approval).

Following approval, the Enforcement Section must obtain a "registration number" from the Agency Clerk's office in order to be formally issued.  This establishes an Agency clerk tracking number for department reports and creates a receivable within the Finance and Accounting Section.  The Administrative Complaint is then officially issued and served upon the violator (now known as the Respondent).

The Administrative Complaint will state the basis for the action (a statement of facts that support the stated violations).  Enclosed with the complaint will be a "Notice of Rights" information sheet which will explain the respondent's right 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 respond and notify the Bureau of their intent - by accepting the proposed settlement agreement or requesting a hearing.

If the proposed settlement is agreeable, the Respondent simply has to execute it (by signing) 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 by the Commission's Office.  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 and ready to be published to the industry.

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 desire 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 Administration 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 desire an informal proceeding (usually to mitigate the proposed sanction), the Enforcement subsection arranges for a hearing date and time.

The formal 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 a properly served Administrative Complaint will result in the Enforcement subsection filing for a Final Order BY DEFAULT that will impose the administrative sanction and REVOCATION of any credentials issued by the Bureau.

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

Please contact the Enforcement Section at (850) 617-7997 for any further details concerning the Administrative process as handled by the Bureau and in accordance with Chapter 120, Florida Statutes.

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