Florida Statute 487.031 - Full Text and Legal Analysis

487.031 Prohibited acts.—It is unlawful:

(1) For any person to engage in the application of restricted-use pesticides, except as defined in chapters 388 and 482, without a certified applicator’s license issued by the department unless such person is doing so under the direct supervision of a licensee. However, all aerial applicators applying any pesticide shall be licensed by the department in the appropriate category or categories, and provisions for direct supervision shall not be held to apply to aerial applicators.

(2) To distribute, sell, or offer for sale within this state any pesticide or product which has not been registered pursuant to the provisions of this part, except pesticides distributed, sold, offered for sale, or used in accordance with the provisions of federal or state restriction, supervision, or cancellation orders or other existing stock agreements.

(3) To distribute, sell, offer for sale, or use within the state any pesticide which is adulterated or misbranded, or any device which is misbranded.

(4) To detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this part or rules promulgated under this part, or to add any substance to, or take any substance from, any pesticide in a manner that may defeat the purpose of this part.

(5) For any person to use for his or her own advantage or to reveal any information relative to formulas of products acquired by authority of this part, other than to: the department, proper officials, or employees of the state; the courts of this state in response to a subpoena; physicians, pharmacists, and other qualified persons, in an emergency, for use in the preparation of antidotes. The information relative to formulas of products is confidential and exempt from the provisions of s. 119.07(1).

(6) To disseminate any false advertisement.

(7) For any person to dispose of a pesticide that has been placed under stop-sale, stop-use, removal, or hold order issued by the department without a written release order from the department or to remove stop-sale, stop-use, removal, or hold order from article so detained.

(8) To hold or offer for sale, sell, or distribute in this state restricted-use pesticides without a dealer’s license and unless the person to whom the sale is made holds a valid applicator’s license to purchase and use such restricted-use pesticides or holds a valid purchase authorization card, in which case the use of the restricted-use pesticide shall be by a licensed applicator or an employee under his or her direct supervision.

(9) For any person to purchase any restricted-use pesticide unless the person is the holder of a valid dealer’s license, applicator’s license, or purchase authorization card or to use a restricted-use pesticide unless the person is the holder of a valid applicator’s license or unless he or she is using the restricted-use pesticide under the direct supervision of a licensed applicator.

(10) For any person to use any pesticide, including a restricted-use pesticide, or to dispose of any pesticide containers in a manner other than as stated in the labeling or on the label or as specified by the department or the United States Environmental Protection Agency. However, it shall not be unlawful to:

(a) Apply a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling, provided that the efficacy of the pesticide is maintained; further, provided that when a pesticide is applied by a commercial applicator, any deviation from label recommendations must be with the consent of the purchaser of the pesticide application services;

(b) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling, provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;

(d) Mix a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the label or labeling; or

(e) Use in a manner determined by rule not to be an unlawful act.

(11) For any person to handle, transport, store, display, or distribute pesticides in such a manner as to endanger human beings or the environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with such pesticides.

(12) For any person to dispose of, discard, or store any pesticides or pesticide containers in a manner which causes injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects or to pollute any water supply or waterway.

(13) For any person to do any of the following:

(a) Make a false or fraudulent claim through any medium, misrepresenting the effect of materials or methods used.

(b) Make a pesticide recommendation or application not in accordance with the label, except as provided in this section, or not in accordance with recommendations of the United States Environmental Protection Agency or not in accordance with the specifications of a special local need registration.

(d) Operate in a faulty, careless, or negligent manner.

(e) Apply any pesticide directly to, or in any manner cause any pesticide to drift onto, any person or area not intended to receive the pesticide.

(f) Fail to disclose to an agricultural crop grower, before pesticides are applied to a crop, full information regarding the possible harmful effects to human beings or animals and the earliest safe time for workers or animals to reenter the treated field.

(g) Refuse or, after notice, neglect to comply with this part, the rules adopted under this part, or any lawful order of the department.

(h) Refuse or neglect to keep and maintain the records required by this part or to submit reports when and as required.

(i) Make false or fraudulent records, invoices, or reports.

(j) Use fraud or misrepresentation in making an application for a license or license renewal.

(k) Swear to or affirm a false statement in an application for a license issued pursuant to this chapter.

(l) Cheat on an examination required for licensure under this chapter or violate a published test center or examination procedure provided orally, in writing, or electronically at the test site and affirmatively acknowledged by the examinee.

(m) Refuse or neglect to comply with any limitations or restrictions on or in a duly issued license.

(n) Aid or abet a licensed or unlicensed person to evade this part, or combine or conspire with a licensed or unlicensed person to evade this part, or allow a license to be used by an unlicensed person.

(o) Make false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land.

(p) Make false or misleading statements, or fail to report, pursuant to this part, any suspected or known damage to property or illness or injury to persons caused by the application of pesticides.

(q) Impersonate any state, county, or city inspector or official.

(r) Fail to maintain a current liability insurance policy or surety bond required by this part.

(s) Fail to adequately train, as required by this part, unlicensed applicators or mixer-loaders applying restricted-use pesticides under the direct supervision of a licensed applicator.

(t) Fail to provide authorized representatives of the department with records required by this part or with free access for inspection and sampling of any pesticide, areas treated with or impacted by these materials, and equipment used in their application.

History.—s. 1, ch. 65-457; s. 1, ch. 69-19; ss. 14, 35, ch. 69-106; s. 2, ch. 69-376; s. 2, ch. 70-52; s. 1, ch. 70-439; s. 2, ch. 71-137; s. 1, ch. 72-166; ss. 2, 3, ch. 73-63; s. 9, ch. 74-247; s. 183, ch. 77-104; s. 412, ch. 77-147; s. 6, ch. 78-95; s. 1, ch. 78-154; s. 88, ch. 79-65; s. 137, ch. 79-164; s. 2, ch. 79-210; s. 2, ch. 81-318; ss. 8, 14, 15, ch. 82-167; s. 101, ch. 83-218; s. 3, ch. 86-116; s. 1, ch. 91-20; ss. 4, 37, ch. 92-115; s. 6, ch. 94-233; s. 322, ch. 96-406; s. 1122, ch. 97-103; s. 12, ch. 2000-154; s. 25, ch. 2004-64; s. 10, ch. 2024-137.

Note.—Subsection (13) former s. 487.158(1).

Arrestable Offenses under F.S. 487.031
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§487.031(1)HEALTH-SAFETYAPPLY PESTICIDE W/O LIC/SUPERVISION 1ST VIOLM · 2nd
§487.031(1)HEALTH-SAFETYAPPLY PESTICIDE W/O LIC OR SUPERVSN SUBSQ VIOLM · 1st
§487.031(2)HEALTH-SAFETYDISTRIBUTE ETC NONREGIST PESTICIDE SUBSQ VIOLM · 1st
§487.031(2)HEALTH-SAFETYDISTRIB SELL ETC NONREGIST PESTICIDE 1ST VIOLM · 2nd
§487.031(3)HEALTH-SAFETYDISTRIB SELL ADULTRTD PESTICIDE DVC 1ST VIOLM · 2nd
§487.031(3)HEALTH-SAFETYDISTRIB SELL ADULTRTD PESTICIDE DVC SUBSQ VIOLM · 1st
§487.031(4)HEALTH-SAFETYDETACH ALTER DESTROY PESTICIDE LABEL 1ST VIOLM · 2nd
§487.031(4)HEALTH-SAFETYDETACH ALTER ETC PESTICIDE LABEL SUBSQ VIOLM · 1st
§487.031(5)EMBEZZLEREVEAL PESTICIDE FORMULA GAIN ADVTG SUBSQ VIOLM · 1st
§487.031(5)EMBEZZLEREVEAL PESTICIDE FORMULA GAIN ADVTG 1ST VIOLM · 2nd
§487.031(6)FRAUDDISSEMINATE FALSE ADVRT PESTICIDE SUBSQ VIOLM · 1st
§487.031(6)FRAUDDISSEMINATE FALSE ADVRT RE PESTICIDE 1ST VIOLM · 2nd
§487.031(7)HEALTH-SAFETYDISPOSE PESTICIDE W/O WRITTEN AUTH 1ST VIOLM · 2nd
§487.031(7)HEALTH-SAFETYDISPOSE PESTICIDE W/O WRITTEN AUTH SUBSQ VIOLM · 1st
§487.031(8)HEALTH-SAFETYSELL RESTRICTED PESTICIDE W/O LIC SUBSQ VIOLM · 1st
§487.031(8)HEALTH-SAFETYSELL RESTRICTED PESTICIDE W/O LIC 1ST VIOLM · 2nd
§487.031(9)HEALTH-SAFETYPURCH RESTRICTED PESTICIDE W/O LIC SUBSQ VIOLM · 1st
§487.031(9)HEALTH-SAFETYPURCH RESTRICTED PESTICIDE W/O LIC 1ST VIOLM · 2nd
§487.031(10)HEALTH-SAFETYUSE DISPOSE PESTICIDE OR CONTAINER SUBSQ VIOLM · 1st
§487.031(10)HEALTH-SAFETYUSE DISPOSE PESTICIDE OR CONTAINER 1ST VIOLM · 2nd
§487.031(11)HEALTH-SAFETYHANDLE PESTICIDE ENDANGER HUMAN ETC SUBSQ VIOLM · 1st
§487.031(11)HEALTH-SAFETYHANDLE PESTICIDES ENDANGER HUMAN ETC 1ST VIOLM · 2nd
§487.031(12)HEALTH-SAFETYDISPOSE PESTICIDE CONTAIN CAUSE INJ SUBSQ VIOLM · 1st
§487.031(12)HEALTH-SAFETYDISPOSE PESTICIDE CONTAIN CAUSE INJ 1ST VIOLM · 2nd
§487.031(13a)FRAUD-FALSE STATEMENTMISREP EFFECT OR METHOD PESTICIDE USE 1ST VIOLM · 2nd
§487.031(13a)FRAUD-FALSE STATEMENTMISREP EFFECT METHOD PESTICIDE USE SUBSQ VIOLM · 1st
§487.031(13b)HEALTH-SAFETYIMPROPER RECOMMEND APPLY PESTICIDE 1ST VIOLM · 2nd
§487.031(13b)HEALTH-SAFETYIMPROPER RECOMMEND APPLY PESTICIDE SUBSQ VIOLM · 1st
§487.031(13c)HEALTH-SAFETYOPR UNSAFE PESTICIDE EQUIP SUBSQ VIOLM · 1st
§487.031(13c)HEALTH-SAFETYOPR FAULTY OR UNSAFE PESTICIDE EQUIP 1ST VIOLM · 2nd
§487.031(13d)HEALTH-SAFETYOPR IN FAULTY CARELESS NEGLIG MANNER 1ST VIOLM · 2nd
§487.031(13d)HEALTH-SAFETYOPR FAULTY CARELESS NEGLIG MANNER SUBSQ VIOLM · 1st
§487.031(13e)HEALTH-SAFETYAPPLY PESTICIDE NEAR ON PERSON AREA SUBSQ VIOLM · 1st
§487.031(13e)HEALTH-SAFETYAPPLY PESTICIDE NEAR ON PERSON AREA 1ST VIOLM · 2nd
§487.031(13f)HEALTH-SAFETYFAIL DISCLOSE INFO PESTICIDE GROWER 1ST VIOLM · 2nd
§487.031(13f)HEALTH-SAFETYFAIL DISCLOSE INFO PESTICIDE GROWER SUBSQ VIOLM · 1st
§487.031(13g)HEALTH-SAFETYREFUSE NEGLECT PESTICIDE PROVISIONS 1ST VIOLM · 2nd
§487.031(13g)HEALTH-SAFETYREFUSE NEGLECT PESTICIDE PROVISIONS SUBSQ VIOLM · 1st
§487.031(13h)HEALTH-SAFETYREFUSE NEGLECT KEEP REC RE PESTICIDES 1ST VIOLM · 2nd
§487.031(13h)HEALTH-SAFETYREFUSE NEGLECT KEEP REC PESTICIDES SUBSQ VIOLM · 1st
§487.031(13i)FRAUD-FALSE STATEMENTPESTICIDE RECORDS INVOICES REPORTS SUBSQ VIOLM · 1st
§487.031(13i)FRAUD-FALSE STATEMENTPESTICIDE RECORDS INVOICES REPORTS 1ST VIOLM · 2nd
§487.031(13j)FRAUDMISREP APPLICATION PESTICIDE LIC SUBSQ VIOLM · 1st
§487.031(13j)FRAUDMISREP APPLICATION PESTICIDE LICENSE 1ST VIOLM · 2nd
§487.031(13k)HEALTH-SAFETYRENUMBERED. SEE REC # 10512M · 2nd
§487.031(13k)HEALTH-SAFETYFALSE STATEMENT ON PESTICIDE LIC APP 1ST VIOLM · 2nd
§487.031(13k)HEALTH-SAFETYRENUMBERED. SEE REC # 10513M · 1st
§487.031(13k)HEALTH-SAFETYFALSE STATEMENT ON PESTICIDE LIC APP SUBS VIOLM · 1st
§487.031(13l)HEALTH-SAFETYRENUMBERED. SEE REC # 10514M · 2nd
§487.031(13l)HEALTH-SAFETYCHEAT ON PESTICIDE LICENSE EXAM 1ST VIOLM · 2nd
§487.031(13l)HEALTH-SAFETYRENUMBERED. SEE REC # 10515M · 1st
§487.031(13l)HEALTH-SAFETYCHEAT ON PESTICIDE LICENSE EXAM SUBSQ VIOLM · 1st
§487.031(13m)HEALTH-SAFETYRENUMBERED. SEE REC # 10516M · 2nd
§487.031(13m)HEALTH-SAFETYREFUSE PESTICIDE LIC LIMITS/RESTRICT 1ST VIOLM · 2nd
§487.031(13m)HEALTH-SAFETYRENUMBERED. SEE REC # 10517M · 1st
§487.031(13m)HEALTH-SAFETYREFUSE PESTICIDE LIC LIMITS/RESTRICT SUB VIOLM · 1st
§487.031(13n)FRAUD-FALSE STATEMENTRENUMBERED. SEE REC # 10518M · 2nd
§487.031(13n)HEALTH-SAFETYAID/ABET TO EVADE PESTICIDE LIC REQ 1ST VIOLM · 2nd
§487.031(13n)FRAUD-FALSE STATEMENTRENUMBERED. SEE REC # 10519M · 1st
§487.031(13n)HEALTH-SAFETYAID/ABET TO EVADE PESTICIDE LIC REQ SUB VIOLM · 1st
§487.031(13o)FRAUD-IMPERSONRENUMBERED. SEE REC # 10520M · 2nd
§487.031(13o)HEALTH-SAFETYFALSE STATEMENT ON PEST INFESTATION 1ST VIOLM · 2nd
§487.031(13o)FRAUD-IMPERSONRENUMBERED. SEE REC # 10521M · 1st
§487.031(13o)HEALTH-SAFETYFALSE STATEMENT ON PEST INFESTATION SUB VIOLM · 1st
§487.031(13p)HEALTH-SAFETYRENUMBERED. SEE REC # 10522M · 2nd
§487.031(13p)HEALTH-SAFETYFAIL TO REPORT PESTICIDE DMG/ILL/INJ 1ST VIOLM · 2nd
§487.031(13p)HEALTH-SAFETYRENUMBERED. SEE REC # 10523M · 1st
§487.031(13p)HEALTH-SAFETYFAIL TO REPORT PESTICIDE DMG/ILL/INJ SUB VIOLM · 1st
§487.031(13q)HEALTH-SAFETYRENUMBERED. SEE REC # 10524M · 2nd
§487.031(13q)HEALTH-SAFETYIMPERSONATE PEST INSPECTOR/OFFICIAL 1ST VIOLM · 2nd
§487.031(13q)HEALTH-SAFETYRENUMBERED. SEE REC # 10525M · 1st
§487.031(13q)HEALTH-SAFETYIMPERSONATE PEST INSPECTOR/OFFICIAL SUBSQ VIOLM · 1st
§487.031(13r)OBSTRUCT CRIMINAL INVESTRENUMBERED. SEE REC # 10526M · 2nd
§487.031(13r)HEALTH-SAFETYFAIL TO MAINTAIN PEST INSURANCE/BOND 1ST VIOLM · 2nd
§487.031(13r)OBSTRUCT CRIMINAL INVESTRENUMBERED. SEE REC # 10527M · 1st
§487.031(13r)HEALTH-SAFETYFAIL TO MAINTAIN PEST INSURANCE/BOND SUB VIOLM · 1st
§487.031(13s)HEALTH-SAFETYFAIL TO TRAIN APPLICATOR PESTICIDE 1ST VIOLM · 2nd
§487.031(13s)HEALTH-SAFETYFAIL TO TRAIN APPLICATOR PESTICIDE SUBSQ VIOLM · 1st
§487.031(13t)HEALTH-SAFETYFAIL TO PROV RECORD/ACCESS PESTICIDES 1ST VIOLM · 2nd
§487.031(13t)HEALTH-SAFETYFAIL TO PROV RECORD/ACCESS PESTICIDES SUB VIOLM · 1st
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This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.