Florida Statutes 388.291 – Source reduction measures; supervision by department
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Terms Used In Florida Statutes 388.291
- Arthropod: means those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, yellow flies, and house flies. See Florida Statutes 388.011
- County: means a political subdivision of the state administered by a board of county commissioners. See Florida Statutes 388.011
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 388.011
- District: means any mosquito control district established in this state by law for the express purpose of controlling arthropods within boundaries of said districts. See Florida Statutes 388.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Local arthropod control agency: means the county, city, or district charged with arthropod control over publicly owned lands. See Florida Statutes 388.011
- Nuisance: means a condition in which pestiferous arthropods occur in such numbers as to be annoying, obnoxious, or inimical to human comfort. See Florida Statutes 388.011
- Source reduction: means the physical land or water management of arthropod breeding areas to reduce the area's suitability for arthropod breeding. See Florida Statutes 388.011
(1) Any county or district may perform source reduction measures in conformity with good engineering practices in any area, provided that the department cooperating with the county or district has approved the operating or construction plan and it has been determined by criteria contained in rule that the area or areas to be controlled would produce arthropods in significant numbers to constitute a health or nuisance problem.
(2) The county or district shall manage the detailed business affairs and supervise said work, and the department shall advise the districts as to the best and most effective measures to be used in bringing about better temporary control and the permanent elimination of breeding conditions. The department may at its discretion discontinue any state aid provided hereunder in the event it finds the jointly agreed upon program is not being followed or is not efficiently and effectively administered.
(3) Property owners in a developed residential area shall maintain their property in a manner that does not create or maintain any standing freshwater condition capable of breeding mosquitoes or other arthropods in significant numbers so as to constitute a public health, welfare, or nuisance problem. This subsection does not authorize the alteration of permitted stormwater management systems or prohibit maintained fish ponds, Florida-friendly landscaping, or other maintained systems of landscaping or vegetation. If such a condition is found to exist, the local arthropod control agency shall serve notice on the property owner to treat, remove, or abate the condition. Such notice is prima facie evidence of maintaining a nuisance, and upon failure of the property owner to treat, remove, or abate the condition, the local arthropod control agency or any affected citizen may proceed pursuant to s. 60.05 to enjoin the nuisance and may recover costs and attorney’s fees if they prevail in the action.