Fla. Stat. 388.3711
Enforcement


(1)

The department is empowered to enforce this chapter or its rules by commencing and maintaining all proper and necessary actions and proceedings, including, but not limited to, application for injunction to the proper circuit court to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter or the rules promulgated thereunder.

(2)

The department may deny, suspend, or revoke any license or certification, or the disbursal of state aid, in accordance with the provisions of chapter 120, upon any one or more of the following grounds as may be applicable:Violation of any rule of the department or provision of this chapter.Violation of FIFRA or any relevant EPA rule or regulation pertaining to the use of arthropod control pesticides by the licensee.Failure to give the department, or any authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this chapter.

(a)

Violation of any rule of the department or provision of this chapter.

(b)

Violation of FIFRA or any relevant EPA rule or regulation pertaining to the use of arthropod control pesticides by the licensee.

(c)

Failure to give the department, or any authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this chapter.

(3)

The department may, if it finds a violation is of such nature or circumstances that denial, revocation, or suspension of a certification or license or disbursal of state aid would be detrimental to the public or be unnecessarily harsh under the circumstances, in its discretion, place the offending party on probation for a period of not more than 2 years. If the department determines that the terms of such probation have been violated, it may reinstitute license or certification or state aid denial, suspension, or revocation proceedings.

(4)

The department, pursuant to chapter 120, in addition to or in lieu of any other remedy provided by state or local law, may impose an administrative fine not exceeding $500, or less than $25, for each violation of any of the provisions of this chapter. Each day that a violation continues shall constitute a separate violation. All amounts collected pursuant to this section shall be deposited in the department’s Aid to Local Governments Arthropod Control Program to be used for arthropod control research.

(5)

In determining the amount of any penalty authorized by this section, the following factors shall be considered:The severity of the violation, including the probability that death or serious harm to the health or safety of any person or the environment will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this chapter were violated.Actions taken by the licensee or certified operator in charge to correct the violation or to mitigate actual or potential harm.Any previous violations of this chapter.

(a)

The severity of the violation, including the probability that death or serious harm to the health or safety of any person or the environment will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this chapter were violated.

(b)

Actions taken by the licensee or certified operator in charge to correct the violation or to mitigate actual or potential harm.

(c)

Any previous violations of this chapter.

(6)

The department shall publish quarterly a list of disciplinary actions taken pursuant to this chapter and shall provide such a list to each licensee.

Source: Section 388.3711 — Enforcement, https://www.­flsenate.­gov/Laws/Statutes/2024/0388.­3711 (accessed Aug. 7, 2025).

388.011
Definitions
388.021
Creation of mosquito control districts
388.43
Florida Medical Entomology Laboratory
388.45
Threat to public or animal health
388.46
Florida Coordinating Council on Mosquito Control
388.101
District boards of commissioners
388.0101
Declaration of legislative intent
388.111
District boards of commissioners
388.121
District boards of commissioners
388.131
Commissioners
388.141
Commissioners
388.151
District boards of commissioners
388.161
District boards of commissioners
388.162
Direction of the program
388.171
Power to perform work
388.181
Power to do all things necessary
388.201
District budgets
388.211
Change in district boundaries
388.221
Tax levy
388.231
Restrictions on use, loan, or rental of equipment
388.241
Board of county commissioners vested with powers and duties of board of commissioners in certain counties
388.251
Delegation of authority to county health department
388.261
State aid to counties and districts for arthropod control
388.271
Prerequisites to participation
388.281
Use of state matching funds
388.291
Source reduction measures
388.301
Payment of state funds
388.311
Carry over of state funds and local funds
388.321
Equipment to become property of the county or district
388.322
Record and inventory of certain property
388.323
Disposal of surplus property
388.341
Reports of expenditures and accomplishments
388.351
Transfer of equipment, personnel, and supplies during an emergency
388.361
Department authority and rules
388.381
Cooperation by counties and district
388.391
Control measures in municipalities and portions of counties located outside boundaries of districts
388.401
Penalty for damage to property or operations
388.3711
Enforcement
388.4111
Public lands

Current through Fall 2025

§ 388.3711. Enforcement's source at flsenate​.gov