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Florida Statute 487.031 - Full Text and Legal Analysis
Florida Statute 487.031 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 487
PESTICIDE REGULATION AND SAFETY
View Entire Chapter
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;
(c) Employ any method of application not prohibited by the 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.
(c) Operate faulty or unsafe equipment.
(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).

F.S. 487.031 on Google Scholar

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Amendments to 487.031


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 487.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

S487.031 1 - HEALTH-SAFETY - APPLY PESTICIDE W/O LIC/SUPERVISION 1ST VIOL - M: S
S487.031 1 - HEALTH-SAFETY - APPLY PESTICIDE W/O LIC OR SUPERVSN SUBSQ VIOL - M: F
S487.031 2 - HEALTH-SAFETY - DISTRIBUTE ETC NONREGIST PESTICIDE SUBSQ VIOL - M: F
S487.031 2 - HEALTH-SAFETY - DISTRIB SELL ETC NONREGIST PESTICIDE 1ST VIOL - M: S
S487.031 3 - HEALTH-SAFETY - DISTRIB SELL ADULTRTD PESTICIDE DVC 1ST VIOL - M: S
S487.031 3 - HEALTH-SAFETY - DISTRIB SELL ADULTRTD PESTICIDE DVC SUBSQ VIOL - M: F
S487.031 4 - HEALTH-SAFETY - DETACH ALTER DESTROY PESTICIDE LABEL 1ST VIOL - M: S
S487.031 4 - HEALTH-SAFETY - DETACH ALTER ETC PESTICIDE LABEL SUBSQ VIOL - M: F
S487.031 5 - EMBEZZLE - REVEAL PESTICIDE FORMULA GAIN ADVTG SUBSQ VIOL - M: F
S487.031 5 - EMBEZZLE - REVEAL PESTICIDE FORMULA GAIN ADVTG 1ST VIOL - M: S
S487.031 6 - FRAUD - DISSEMINATE FALSE ADVRT PESTICIDE SUBSQ VIOL - M: F
S487.031 6 - FRAUD - DISSEMINATE FALSE ADVRT RE PESTICIDE 1ST VIOL - M: S
S487.031 7 - HEALTH-SAFETY - DISPOSE PESTICIDE W/O WRITTEN AUTH 1ST VIOL - M: S
S487.031 7 - HEALTH-SAFETY - DISPOSE PESTICIDE W/O WRITTEN AUTH SUBSQ VIOL - M: F
S487.031 8 - HEALTH-SAFETY - SELL RESTRICTED PESTICIDE W/O LIC SUBSQ VIOL - M: F
S487.031 8 - HEALTH-SAFETY - SELL RESTRICTED PESTICIDE W/O LIC 1ST VIOL - M: S
S487.031 9 - HEALTH-SAFETY - PURCH RESTRICTED PESTICIDE W/O LIC SUBSQ VIOL - M: F
S487.031 9 - HEALTH-SAFETY - PURCH RESTRICTED PESTICIDE W/O LIC 1ST VIOL - M: S
S487.031 10 - HEALTH-SAFETY - USE DISPOSE PESTICIDE OR CONTAINER SUBSQ VIOL - M: F
S487.031 10 - HEALTH-SAFETY - USE DISPOSE PESTICIDE OR CONTAINER 1ST VIOL - M: S
S487.031 11 - HEALTH-SAFETY - HANDLE PESTICIDE ENDANGER HUMAN ETC SUBSQ VIOL - M: F
S487.031 11 - HEALTH-SAFETY - HANDLE PESTICIDES ENDANGER HUMAN ETC 1ST VIOL - M: S
S487.031 12 - HEALTH-SAFETY - DISPOSE PESTICIDE CONTAIN CAUSE INJ SUBSQ VIOL - M: F
S487.031 12 - HEALTH-SAFETY - DISPOSE PESTICIDE CONTAIN CAUSE INJ 1ST VIOL - M: S
S487.031 13a - FRAUD-FALSE STATEMENT - MISREP EFFECT OR METHOD PESTICIDE USE 1ST VIOL - M: S
S487.031 13a - FRAUD-FALSE STATEMENT - MISREP EFFECT METHOD PESTICIDE USE SUBSQ VIOL - M: F
S487.031 13b - HEALTH-SAFETY - IMPROPER RECOMMEND APPLY PESTICIDE 1ST VIOL - M: S
S487.031 13b - HEALTH-SAFETY - IMPROPER RECOMMEND APPLY PESTICIDE SUBSQ VIOL - M: F
S487.031 13c - HEALTH-SAFETY - OPR UNSAFE PESTICIDE EQUIP SUBSQ VIOL - M: F
S487.031 13c - HEALTH-SAFETY - OPR FAULTY OR UNSAFE PESTICIDE EQUIP 1ST VIOL - M: S
S487.031 13d - HEALTH-SAFETY - OPR IN FAULTY CARELESS NEGLIG MANNER 1ST VIOL - M: S
S487.031 13d - HEALTH-SAFETY - OPR FAULTY CARELESS NEGLIG MANNER SUBSQ VIOL - M: F
S487.031 13e - HEALTH-SAFETY - APPLY PESTICIDE NEAR ON PERSON AREA SUBSQ VIOL - M: F
S487.031 13e - HEALTH-SAFETY - APPLY PESTICIDE NEAR ON PERSON AREA 1ST VIOL - M: S
S487.031 13f - HEALTH-SAFETY - FAIL DISCLOSE INFO PESTICIDE GROWER 1ST VIOL - M: S
S487.031 13f - HEALTH-SAFETY - FAIL DISCLOSE INFO PESTICIDE GROWER SUBSQ VIOL - M: F
S487.031 13g - HEALTH-SAFETY - REFUSE NEGLECT PESTICIDE PROVISIONS 1ST VIOL - M: S
S487.031 13g - HEALTH-SAFETY - REFUSE NEGLECT PESTICIDE PROVISIONS SUBSQ VIOL - M: F
S487.031 13h - HEALTH-SAFETY - REFUSE NEGLECT KEEP REC RE PESTICIDES 1ST VIOL - M: S
S487.031 13h - HEALTH-SAFETY - REFUSE NEGLECT KEEP REC PESTICIDES SUBSQ VIOL - M: F
S487.031 13i - FRAUD-FALSE STATEMENT - PESTICIDE RECORDS INVOICES REPORTS SUBSQ VIOL - M: F
S487.031 13i - FRAUD-FALSE STATEMENT - PESTICIDE RECORDS INVOICES REPORTS 1ST VIOL - M: S
S487.031 13j - FRAUD - MISREP APPLICATION PESTICIDE LIC SUBSQ VIOL - M: F
S487.031 13j - FRAUD - MISREP APPLICATION PESTICIDE LICENSE 1ST VIOL - M: S
S487.031 13k - HEALTH-SAFETY - RENUMBERED. SEE REC # 10512 - M: S
S487.031 13k - HEALTH-SAFETY - FALSE STATEMENT ON PESTICIDE LIC APP 1ST VIOL - M: S
S487.031 13k - HEALTH-SAFETY - RENUMBERED. SEE REC # 10513 - M: F
S487.031 13k - HEALTH-SAFETY - FALSE STATEMENT ON PESTICIDE LIC APP SUBS VIOL - M: F
S487.031 13l - HEALTH-SAFETY - RENUMBERED. SEE REC # 10514 - M: S
S487.031 13l - HEALTH-SAFETY - CHEAT ON PESTICIDE LICENSE EXAM 1ST VIOL - M: S
S487.031 13l - HEALTH-SAFETY - RENUMBERED. SEE REC # 10515 - M: F
S487.031 13l - HEALTH-SAFETY - CHEAT ON PESTICIDE LICENSE EXAM SUBSQ VIOL - M: F
S487.031 13m - HEALTH-SAFETY - RENUMBERED. SEE REC # 10516 - M: S
S487.031 13m - HEALTH-SAFETY - REFUSE PESTICIDE LIC LIMITS/RESTRICT 1ST VIOL - M: S
S487.031 13m - HEALTH-SAFETY - RENUMBERED. SEE REC # 10517 - M: F
S487.031 13m - HEALTH-SAFETY - REFUSE PESTICIDE LIC LIMITS/RESTRICT SUB VIOL - M: F
S487.031 13n - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 10518 - M: S
S487.031 13n - HEALTH-SAFETY - AID/ABET TO EVADE PESTICIDE LIC REQ 1ST VIOL - M: S
S487.031 13n - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 10519 - M: F
S487.031 13n - HEALTH-SAFETY - AID/ABET TO EVADE PESTICIDE LIC REQ SUB VIOL - M: F
S487.031 13o - FRAUD-IMPERSON - RENUMBERED. SEE REC # 10520 - M: S
S487.031 13o - HEALTH-SAFETY - FALSE STATEMENT ON PEST INFESTATION 1ST VIOL - M: S
S487.031 13o - FRAUD-IMPERSON - RENUMBERED. SEE REC # 10521 - M: F
S487.031 13o - HEALTH-SAFETY - FALSE STATEMENT ON PEST INFESTATION SUB VIOL - M: F
S487.031 13p - HEALTH-SAFETY - RENUMBERED. SEE REC # 10522 - M: S
S487.031 13p - HEALTH-SAFETY - FAIL TO REPORT PESTICIDE DMG/ILL/INJ 1ST VIOL - M: S
S487.031 13p - HEALTH-SAFETY - RENUMBERED. SEE REC # 10523 - M: F
S487.031 13p - HEALTH-SAFETY - FAIL TO REPORT PESTICIDE DMG/ILL/INJ SUB VIOL - M: F
S487.031 13q - HEALTH-SAFETY - RENUMBERED. SEE REC # 10524 - M: S
S487.031 13q - HEALTH-SAFETY - IMPERSONATE PEST INSPECTOR/OFFICIAL 1ST VIOL - M: S
S487.031 13q - HEALTH-SAFETY - RENUMBERED. SEE REC # 10525 - M: F
S487.031 13q - HEALTH-SAFETY - IMPERSONATE PEST INSPECTOR/OFFICIAL SUBSQ VIOL - M: F
S487.031 13r - OBSTRUCT CRIMINAL INVEST - RENUMBERED. SEE REC # 10526 - M: S
S487.031 13r - HEALTH-SAFETY - FAIL TO MAINTAIN PEST INSURANCE/BOND 1ST VIOL - M: S
S487.031 13r - OBSTRUCT CRIMINAL INVEST - RENUMBERED. SEE REC # 10527 - M: F
S487.031 13r - HEALTH-SAFETY - FAIL TO MAINTAIN PEST INSURANCE/BOND SUB VIOL - M: F
S487.031 13s - HEALTH-SAFETY - FAIL TO TRAIN APPLICATOR PESTICIDE 1ST VIOL - M: S
S487.031 13s - HEALTH-SAFETY - FAIL TO TRAIN APPLICATOR PESTICIDE SUBSQ VIOL - M: F
S487.031 13t - HEALTH-SAFETY - FAIL TO PROV RECORD/ACCESS PESTICIDES 1ST VIOL - M: S
S487.031 13t - HEALTH-SAFETY - FAIL TO PROV RECORD/ACCESS PESTICIDES SUB VIOL - M: F

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