Page 11 - Florida Pest Control Examinations

(2) “Business location” means an advertised permanent location GREEN LYNX
in or from which pest control business is solicited, accepted, or
conducted.
(3) “Category” means a distinct branch or phase of pest control
for which a pest control operator’s certificate may be issued such
as: fumigation, general household pest control, termites and other
wood-destroying organisms pest control, lawn and ornamental pest
control, and such a combination or division of such branches of
pest control as the department may by rule establish.
(4) “Certified operator” means an individual holding a current Photo Courtesy of UNIVAR
pest control operator’s certificate issued by the department.
(5) “Certified operator in charge” means a certified operator:
(a) Whose primary occupation is the pest control business;
(b) Who is employed full time by a licensee; and
(c) Whose principal duty is the personal supervision of the licensee’s operation in a category or
categories of pest control in which the operator is certified.
(6) “Commercial fertilizer applicaiton” means the application of fertilizer for payment or other
consideration to property not owned by the person or firm applying the fertilizer or the employer
of the applicator.
(7) “Department” means the Department of Agriculture and Consumer Services.
(8) “Employee” means a person who is employed by a licensee that provides that person
with necessary training, supervision, pesticides, equipment, and insurance and who receives
compensation from and is under the personal supervision and direct control of the licensee’s
certified operator in charge and from whose compensation the licensee regularly deducts and
matches federal insurance contributions and federal income and Social Security taxes.
(9) “Fumigant” means a chemical which, at a required temperature and pressure, can exist
in the gaseous state in sufficient concentration to be lethal to a given organism. This definition
implies that a fumigant acts as a gas in the strictest sense of the word. This definition excludes
aerosols that are particulate suspensions of liquids or solids dispersed in air.
(10) “Fumigation” means the use, within an enclosed space or in or under a structure or
tarpaulins, of a fumigant in concentrations that may be hazardous to human beings.
(11) “General household pest control” means pest control with respect to any structure,
not including fumigation or pest control with respect to termites and other wood-destroying
organisms.
(12) “Identification cardholder” means an owner or employee to whom a current card has
been issued by the department identifying the holder to the public or to any law enforcement
officer or any agent of the department charged with, or entitled to exercise any function in
connection with, the enforcement of this chapter and any rules made pursuant to this chapter.
(13) “Independent contractor” means an entity separate from the licensee that:
(a) Receives moneys from a customer which are deposited in a bank account other than that of
the licensee;
(b) Owns or supplies its own service vehicle, equipment, and pesticides;
(c) Maintains a business operation, office, or support staff independent of the licensee’s direct
control;
(d) Pays its own operating expenses such as fuel, equipment, pesticides, and materials; or

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