Showing posts with label Liability. Show all posts
Showing posts with label Liability. Show all posts

Monday, November 1, 2010

A reader asks: "Where can I see a copy of Florida's bee removal regulation?

Dear Cindy,

In Florida there is no "Bee Removal Regulation", per se.

Honey Bee colony removal from structures or landscapes in Florida is considered to be pest control, and as such, is regulated by Fla. State Statutes 482 & 5E-14. Here's a link to Ch 482.

Briefly, Ch 482 requires that one must possess a current pest control license to inspect for, remove, eradicate, or otherwise mitigate honey bee colonies in or around structures or landscapes. Here are some of the important parts of the statute, defining pest control:

(21)

“Pest” means an arthropod, wood-destroying organism, rodent, or other obnoxious or undesirable living plant or animal organism.
(22)

“Pest control” includes:

(a)
The use of ANY method or device or the application of any substance to prevent, destroy, repel, mitigate, curb, control, or eradicate any pest in, on, or under a structure, lawn, or ornamental;

(b)
The identification of or inspection for infestations or infections in, on, or under a structure, lawn, or ornamental;

(c)
The use of any pesticide, economic poison, or mechanical device for preventing, controlling, eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing insects, vermin, rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental;

So, the above definition clearly states that honey bees, in and around structures are considered pests, and also includes nearly any activity intended to solve a pest honey bee infestation as pest control.

Or in other words, a beekeeper,in the process of removing a colony of pest honey bees from a structure or landscape, is performing pest control!

Just arriving and identifying the insect colony as Honey Bees, Yellow Jackets, or whatever, is pest control. And because mechanical devices are included in the pest control statute definition, once one uses common beekeeping tools such as bee vacuums, bee brushes, sugar water sprays, smokers, hive tools and the myriad of other tools commonly used in bee removals, he or she has ventured far into pest control, as clearly defined by State Statute. 


So how does one perform bee removal legally here in the state of Florida? Well, one must work for a licensed pest control firm. That means that one is trained by the firm's Certified Pest Operator, is paid salary by the firm, drives that firm's truck, uses the firm's tools, equipment and supplies,  and is covered by the commercial insurances including liability and workmen's compensation.

And, in order to secure and maintain a pest control license, one must pass several hurdles: Work under a Certified pest control operator for 3 years as a licensed technician; pass a certification exam; Maintain minimum business liability insurance; take annual Certified Educational Units, (CEU's); and maintain annual operator & business licenses, which are administered by the Bureau of Entomology and Pest Control. Oh, and one cannot be a convicted felon! The Bureau has authority to fine, remove license privileges and arrest violators and illegal operators, all of which affords the State's citizens significant protections.

What are the penalties for performing illegal bee removal Pest Control?

(1) It is unlawful to solicit, practice, perform, or advertise in pest control except as provided by this chapter.
(2) A person who violates any provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

So, you see that the State takes this very seriously. And, don't you think you should too? Do you Really want someone servicing your home that doesn't care about the law??? I certainly am very careful about who I let in my home!!! You should bee too!!

The Bureau of Entomology and Pest Control has a page that summarizes the legaleze very well. See it here. To check your bee removal provider's pest control certification status, you can go to this Bureau site here. Click on the "applicators" button to check on individuals, or on the "companies" button to check the status of firms.

If you witness unlicensed pest control, you can report it to your state inspector ( go here to find your region's inspector), or fill out this complaint form and send it to the address included within.

As you can see, there are no exemptions for beekeepers that do not possess a pest control license, to allow honey bee removals. In fact, the Chief Apiarist for the State of Florida's Department of Agriculture does not recommend live removals of any kind in or near structures, and only recommends that trained, licensed pest control operators eradicate pest honey bee colonies that are found near people or pets.  Why? Primarily because of the Public health risk from Africanized Honey Bees. This race of Honey Bee is spreading further and further throughout the State and can cause serious injury or death because of it's super-defensiveness.

Beekeeping IS regulated by State Statute, however, the intent of these beekeeping regulations is to prevent spread of bee disease and unwanted subspecies of honey bees,  NOT to protect humans!.

The keeping of honey bees or the transport of such insects, is regulated by Fla. State Statute Ch. 586. Note that this statute does not regulate bee removals, as bee removal is considered pest control and regulated by Ch. 482 & 5E-14.

Beekeepers only have to complete a registration process, submit to one annual inspection and pay a small fee. There are no beekeeping certification processes, no minimum insurances required, no annual CEU requirements or any other requirements under beekeeping regulations to protect the citizens of Florida against improper bee removals. Should a citizen suffer structural damages, physical injury or death resulting from a beekeeper-removal bee sting incident, there are no protections afforded, and lawsuit would be the only means of remedy. Little solace indeed, if the provider has few or no assets.

So, if one is performing bee colony removals in the State of Florida, and does not possess a valid pest control license, that person is performing illegally, according to Florida State Statute. Possession of a Beekeeping Registration does not grant license to perform bee colony removals, no matter what beekeepers may tell you, wish, or otherwise desire.

We possess the certifications, registrations, insurances, experience and education required to perform proper stinging insect removals in the State of Florida. Call us at 800-343-5317 or visit our website at http://ALLFloridaBeeRemoval.com .

I hope this helps. Please let me know if I can be of further assistance.

Richard Martyniak, M.Sc., Entomologist
ALLFloridaBeeRemoval.com
The Buzzkillers, LLC
1-800-343-5317 -or- 321-206-5100
Email me!

Saturday, August 14, 2010

Need Bee Removal? DON'T Call a BeeKeeper!!

Yeah, sounds oxymoronic, doesn't it, after all you have a lovely colony of honey bees in your house soffit, or wall or even a tree in your yard. Call a beekeeper, they've got to want my bees, and are the experts, right?

Well, hold your horses pardner...Things are changing here in Florida and it's not as simple as you might think, so here are some reasons to reconsider.

1. Killer Bees: Over 70% of feral honey bees in Florida possess African genetics. African bees were introduced into Florida several years ago, probably through our sea ports via coastal island freighters, quickly taking up residence in the port cities of Tampa, Miami and Ft. Lauderdale. Yeah, Killer Bees are spreading throughout the state, and because of a very defensive nature, the state Apiary inspection office has deemed it illegal to keep African bees in Florida. These bees can cause very significant stinging incidents leading to fatalities...it's serious stuff, folks!

2. The bees are OK: I know this is hard to wrap your head around, but it's true...Honey bees are doing just fine, and actually exploding in numbers. (here in sunny Florida, anyway). See #1. The African Honey Bee is largely immune to pests plaguing our managed honey bee. Estimated colony increases are 2-800% above European honey bee colony numbers, per area.

3. Consumer Protections: Beekeepers are not certified or licensed. Billy-Bob Beekeeper may have started beekeeping yesterday, and claims that he is an experienced beekeeper. He screws things up, causing damage to your house, and the bees are still there. What regulatory office do you call to file a complaint or request an inspector to help you out. That's right, you are on your own, because all it takes to become a registered beekeeper is $10 and a heartbeat, and I'm not so sure about the cardiac part!

Experienced beekeepers; those that are in beekeeping for a living and not just a weekend hobby, do not perform live removals, as it's too risky for them---the liability risk is too high & the recovered bees almost always don't work well in commercial apiaries. The disease risk is too great or the bees just don't perform well.

4. Insurance..I don't need stinkin' Insurance.....Beekeepers do not have Insurance. Well, Billy-Bob Beekeeper MIGHT have livestock insurance for his bee hives, but you know that wouldn't cover damages to your house, when he cuts through the water supply and your Persian wool carpet is ruined. Nor does he have Workmen's Compensation insurance, so you are holding his medical bills when he falls off the slippery, honey soaked ladder and breaks his collar bone and is put on permanent disability. Think this doesn't happen??? um, yeah, right.....

5. And the Experts say what?: The State of Florida's Apiary Inspection office is recommending AGAINST LIVE BEE REMOVALS, and recommends ERADICATION of feral honey bee colonies located near humans or animals. See #1.

6. And this Expert agrees too: The University of Florida's Apiary Entomologist is recommending AGAINST LIVE BEE REMOVALS, and recommends ERADICATION of feral honey bee colonies located near humans or animals. See #1. (sensing a trend yet, or do you want to continue...?)

7. The Law says.. Florida State law requires anyone doing structural honey bee removal or eradication to carry pest control certification. See State Statutes, Ch 482. A licensed pest control operator that also is a registered beekeeper CAN perform live bee removals, and we DO perform live bee removals, but we are very selective, because of the following...

8. The untold truth about live bee removals: Most live removals are unsuccessful; Most relocated colonies suffer mortality within the first 90 days. Try as we might, they just don't take. The transfer can be difficult, and provides opportunity for pests and disease to take hold. Or some colonies just insist on leaving our hive boxes. 20% survival is an optimistic figure for long term survival of the colony genetics.

9. Economically speaking:
It's just not worth it: Bees that are not kept by beekeepers are considered feral. I like to call them ' Mutts', as we have no clue whether they will exhibit behaviors that are beneficial for beekeeping, including gentleness, honey production, disease resistance, swarming rates, and many other factors. Also add the high rate of transmissable disease that feral bees have, these are diseases that can wipe out an entire apiary!.

I frequently buy starter colonies of "thoroughbreds" from bee breeders for about $75.00.. These are bees that I can count on being good and safe for my bee yards. I figure the mutt bees are worth at most $15 ($75 X a 20% success rate). Live bee removals can take several hours, working in hot beesuits and in very hot Florida temps...How long will YOU work for a possible $15, while extending risk if the mutt bees sting someone, or you are sued for damages caused?

10. You've worked hard for your assets:
Sting risk liability. Combine the above considerations, and property owners, managers are placing their assets at significant risk. Bees don't like us relocating them somewhere else. We in the bee removal industry, are used to taking stings, but all it takes, is one errant sting to your allergic neighbor, or passerby on the sidewalk across your street and POW, instant lawsuit. Do you think the jury will have compassion when you were hiring unlicensed providers, against the recommendations of the state regulators and University apiary entomologists. Didn't think so either....

In Closing:
Listen, we are experts at this, and we will perform live bee removals properly, but there are considerations. We came into this the right way.. University of Florida entomology education, providing extension education to Florida's first responders and citizens, created the State African Bee education program, hold certifications and proper insurances and are considered leaders in this industry. We also are enthusiastic supporters of beekeeping in Florida. Call or email us. We'll solve your bee problems, correctly and economically, and you can have confidence that you can stay bee-free!

Richard Martyniak, M.Sc., Entomologist
Jonathan Simkins, B.Sc., Entomologist
ALLFloridaBeeRemoval.com
800-343-5317