(1) This chapter is intended as comprehensive and exclusive regulation of pest control in this state. The provisions of this chapter preempt to the state all regulation of the activities and operations of pest control services, including the pesticides used pursuant to labeling and registration approved under part I of chapter 487. No local government or political subdivision of the state may enact or enforce an ordinance that regulates pest control, except that the preemption in this section does not prohibit a local government or political subdivision from enacting an ordinance regarding any of the following:
(a) Local business taxes adopted pursuant to chapter 205.
(b) Land development regulations adopted pursuant to chapter 163 which include regulation of any aspect of development, including a subdivision, building construction, sign regulation or any other regulation concerning the development of land, or landscaping or tree protection ordinances which do not include pesticide application restrictions.
(c) Regulations that:
1. Require, for multicomplex dwellings in excess of 10 units, annual termite inspections for termite activity or damage, including Formosan termites, which must be performed by a person licensed under this chapter.
2. Require pest control treatments of structures that have termite activity or damage which must be performed by a person licensed under this chapter.
3. Require property owners or other persons to obtain inspections or pest control treatments performed by a person licensed under this chapter.
An ordinance by a local government or political subdivision which requires an annual inspection or pest control treatment must conform to current law.
(d) Protection of wellhead protection areas and high recharge areas.
(e) Hazardous materials reporting as set forth in part II of chapter 252, storage, and containment including as relating to stormwater management.
(f) Hazardous material unlawful discharge and disposal.
(g) Hazardous materials remediation.
(2) For the purposes of this section:
(a) “Hazardous materials” shall be as defined in s. 403.74 and chapter 252.
(b) “Wellhead protection area” means an area designated by local government to protect the groundwater source for a well intended for human consumption for a community water system and includes the surface and subsurface area surrounding such a potable water wellfield. The maximum boundaries of the wellfield shall be the zone of contribution and the minimum shall be 10 years’ travel time. Differing levels of protection may be established within the protection area zones based upon an evaluation of the risk to human health and the environment. Wellhead protection areas shall be delineated using such methods as reasonable or calculated fixed radii, simplified variable shapes, analytical methods, hydrogeological mapping, numerical flow or transport models, or other professionally accepted methodologies.
(c) “High recharge area” means an area contributing a significant volume of water which adds to the storage of an aquifer through vertical flow. The term “significant” will vary geographically depending on the hydrologic characteristics of that aquifer. High recharge areas will receive higher protection than other areas due to their significance as current or future water use areas.
(d) “Zone of contribution” means the area surrounding a well pumping water for human consumption that encompasses all areas or features that supply groundwater recharge to the well as determined by the relevant water management district or the local government.
History.—s. 2, ch. 65-295; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-292; ss. 2, 3, ch. 81-318; ss. 14, 15, ch. 82-229; ss. 57, 59, ch. 92-203; s. 7, ch. 2001-280; s. 46, ch. 2004-64; s. 115, ch. 2007-5.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
482.072 - Pest Control Customer Contact Centers.
482.0815 - Permit to Perform Preventive Termite Treatment Services for New Construction Only.
482.091 - Employee Identification Cards.
482.111 - Pest Control Operator’s Certificate.
482.121 - Misuse of Certificate.
482.132 - Qualifications for Examination and Certification.
482.151 - Special Identification Card for Performance of Fumigation.
482.152 - Duties of Certified Operator in Charge of Pest Control Activities of Licensee.
482.155 - Limited Certification for Governmental Pesticide Applicators or Private Applicators.
482.156 - Limited Certification for Commercial Landscape Maintenance Personnel.
482.1562 - Limited Certification for Urban Landscape Commercial Fertilizer Application.
482.157 - Limited Certification for Commercial Wildlife Management Personnel.
482.161 - Disciplinary Grounds and Actions; Reinstatement.
482.163 - Responsibility for Pest Control Activities of Employee.
482.1821 - Closing Pest Control Business Without Providing for Contracts and Liabilities.
482.191 - Violation and Penalty.
482.2265 - Consumer Information; Notice of Application of Pesticide.
482.2267 - Registry of Persons Requiring Prior Notification of the Application of Pesticides.
482.227 - Guarantees and Warranties.
482.231 - Use of Fogging Machines.
482.2401 - Disposition and Use of Revenues From Fees and Fines.