(1) Any arthropod control activities conducted under this section by local arthropod control agency on private lands where there is a possibility of deposition of airborne substances on public lands determined to be environmentally sensitive and biologically highly productive under Fl. Admin. Code R. 5E-13.042, will be conducted in a manner to minimize the deposition onto such lands. An adopted public lands control plan approved under Fl. Admin. Code R. 5E-13.042, shall supersede the requirements of this rule when the terms conflict.

Terms Used In Florida Regulations 5E-13.037

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
    (2) Once the decision to apply an adulticide by aircraft is made, the following will apply:
    (a) Only specific areas where a need is documented by the criteria outlined in Fl. Admin. Code R. 5E-13.036, will be treated.
    (b) Adulticides selected shall be those labeled for aircraft application to provide adequate control of the problem mosquitoes or other arthropods and when used in accordance with widespread and commonly recognized practice, will not cause unreasonable adverse effects on the environment. Adulticide labels will be strictly followed.
    (c) Application shall be timed to be most effective during mosquito activity periods. Application shall not be later than 2 hours after sunrise nor earlier than 2 hours before sunset. Other arthropod treatment and treatments for disease epidemics involving Aedes aegypti or Aedes albopictus can be made during daytime hours.
    (d) Equipment shall be calibrated to insure correct particle size and accurate and uniform dosages in accordance with labeling specifications.
    (e) Pesticide labels prohibit aerial application of adulticides directly to open water of the ocean, gulf, bays or lagoons thereof, therefore, when aircraft release sprays over water targeted to drift over land, wind speed and direction shall be sufficient to carry spray to land.
    (f) After an aerial adulticiding operation takes place, records shall be maintained for a minimum of 3 years which will include at least the following:
    1. The area treated.
    2. The application rate and the material used.
    3. The equipment and technique used.
    4. The name of the pilot in command.
    5. The date, time, temperature, and general wind speed and direction.
    6. Pretreatment and post-treatment records of mosquito and other arthropod presence including:
    a. Number and type of trapping and surveillance methods used.
    b. Trap and surveillance site location.
    c. Pretreatment and post-treatment trap catches, landing rates or surveillance levels by mosquito species involved.
    7. Apparent non-target effects.
    (3) Exemptions – Aerial applications of adulticides made for research purposes that have been properly permitted by federal and state agencies are exempt from this rule.
Rulemaking Authority 388.361 FS. Law Implemented Florida Statutes § 388.361. History-New 2-10-87, Formerly 10D-54.037, Amended 5-21-14.