Current through Reg. 50, No. 187; September 24, 2024
(1) Standards. Before any person establishes,
operates, or allows occupancy of a migrant labor camp or residential migrant
housing, the operator shall ensure that the camp or housing complies with the
minimum standards of construction, sanitation, and, equipment established in
Sections 381.008 through
381.00897, F.S. the rules of
this chapter, and the Occupational Safety and Health Act of 1970,
29 U.S.C. s.
655, or the Housing and Urban Development
(HUD) Chapter 10 Housing Quality Standards as referenced in the Housing Choice
Voucher Program Guidebook 7420.10G effective as of April 2001. The Occupational
Safety and Health Administration's (OSHA) standards for Temporary Labor Camps
in 29 U.S.C. s.
655, and HUD's Chapter 10 Housing Quality
Standards in the Housing Choice Voucher Program Guidebook 7420.10G, are herein
adopted and incorporated by reference. A copy of the OSHA Standards can be
obtained at
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791,
or U.S. Government Printing Office, 732 N. Capital Street, Washington, DC
20401. A copy of the Chapter 10 HUD Housing Quality Standards referenced in the
Housing Choice Voucher Program Guidebook can be obtained at the U.S. Department
of Housing and Urban Development Office located at Brickell Plaza 909 S.E. 1st
Ave., Room 500, Miami, Florida 33313, or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html.
Any housing that is furnished as a condition of employment so as to subject it
to the requirements of OSHA shall only be inspected under the OSHA standards.
This applies to migrant labor camps as that term is defined in subsection
64E-14.002(14),
F.A.C. The HUD standards are applicable only to housing authority projects
funded to house migrant and seasonal farmworkers. Mobile Home Parks that have 5
or more seasonal or migrant farmworkers as occupants of the park will be issued
a revised Mobile Home/RV Park and Residential Migrant Housing Permit.
(2) Application for Permits.
(a) All applications for a permit to operate
a migrant labor camp or residential migrant housing shall be filed with the
department at least 30 days prior to the date of operation on DH Form 4082,
Application For A Migrant Labor Camp Permit, Sept. 98, incorporated herein by
reference. DH Form 4082 is available at county health departments located in
each county or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html.
Completed applications required in this subsection shall be submitted to the
county health department where the farmworker housing is located and shall be
accompanied by the fee specified in Rule
64E-14.005, F.A.C.
(b) In the event of a change of ownership of
a migrant labor camp or residential migrant housing, the new owner shall file
DH Form 4082 with the department at least 15 days before the change of
ownership occurs and pay the application fee amount designated in subsections
64E-14.005(1)
-(3), F.A.C.
(3) Permit.
Prior to the issuance of a permit, the department shall perform an initial
inspection to determine whether the proposed migrant labor camp or residential
migrant housing operation conforms to the minimum standards established in
subsection (1), of this rule. The department shall issue a permit for operation
of the migrant labor camp or residential migrant housing upon all violations
being successfully corrected after the initial inspection. The department will
accept a recent (within three months) satisfactory federal sanitation
inspection report, form HUD 9822, as a substitute for a pre-occupancy
inspection of housing authority projects. A permit shall be required and must
be obtained annually for each such migrant labor camp or residential migrant
housing. Permits shall expire on September 30 next after the date of issuance
and shall not be transferable.
(4)
Inspections.
(a) Migrant labor camps and
residential migrant housing occupied 6 weeks or more during a quarter shall be
inspected at least twice quarterly during periods of occupancy. Migrant labor
camps and residential migrant housing occupied less than 6 weeks during the
quarter shall be inspected at least once during the quarter within that 6 week
period. Proper documentation must be provided from the owner, operator or
person in charge, clearly indicating the period of occupancy. Such
documentation may include letters, memos, applications, or inspection
forms.
(b) HUD Housing Authorities
shall only be inspected twice annually.
(c) Migrant farmworker occupied mobile homes
in a mobile home park meeting the 5 or more seasonal or migrant farmworker
requirement, will be inspected and required to meet the migrant program
standards when issued a revised Mobile Home/RV Park and Residential Migrant
Housing Permit. Inspections shall be conducted using inspection form DOH 4060,
effective 01/05, Migrant Labor Camp or Residential Migrant Housing Inspection
Report, herein incorporated by reference, in accordance with this paragraph.
The form may be obtained at the county health departments located in each
county, or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html.
Department personnel shall conduct inspections at reasonable hours and in
accordance with Section
381.0088, F.S.
(d) Field sanitation facilities inspections
as defined in Rule 64E-14.016, F.A.C., shall be
made at random in the normal course of staff activities.
(5) Violations.
(a) When a major deficiency as defined in
subsection 64E-14.002(12),
F.A.C., is reported to housing permittees or supervisors, a maximum of 48 hours
shall be given to make corrections or provision for corrections that meet the
requirements of this chapter. The permittees or supervisors must submit proof
(i.e., receipt, estimates or cost analysis sheet, etc.,) to the department's
staff at the time of the reinspection to show that the major deficiency has
been corrected or is in the process of being corrected within the 48 hours
timeframe allotted by this rule. The documents presented to the department's
staff must come from companies or persons licensed to provide the required
services (i.e., licensed septic tank contractors, licensed plumbers,
contractors licensed in building trades and other professions). If the
department grants the permittee a time extension to correct the violation, the
permittee must provide documentation showing that provisions have been made to
correct the major deficiency within 48 hours from the issuance of the extension
issued by the county health department staff. The documentation must include a
start and completion date by which the major deficiency will be corrected. The
major violation must be corrected on or by the date indicated in the
documentation, otherwise, the department will issue a citation with a fine.
Three or more violations which constitute major deficiencies as defined in
subsection 64E-14.002(12),
F.A.C., cited during an inspection shall be cause for the department to seek
legal remedy in accordance with Rule
64E-14.023, F.A.C.
(b) Continual or repeat violations of the
same inspection items related to migrant farmworker housing are cause for the
issuance of a citation imposing a fine. A continual or repeat violation is a
violation that occurs 3 or more times during a permit year.
(6) Complaints. Any person may file a
complaint when they believe that any occupied migrant labor camp or residential
migrant housing is in violation of any housing standard contained herein. Such
complaint may be made to a county health department or to the Bureau of
Community Environmental Health. Upon receipt of the complaint, county health
department staff shall inspect the housing identified to determine if a
violation does exist. Should the complaint allege a major deficiency at the
migrant labor camp or residential migrant housing, the inspection shall be made
as soon as practicable. All other complaints will result in a notification to
the owner and operator advising them of the complaint and that the alleged
violation must be remedied within 3 business days. The department shall conduct
an inspection as soon as practicable following such three day period to confirm
that the violations have been corrected. When the alleged violations have been
corrected, the complainant and the owner and operator shall be notified in
writing within 15 working days of the outcome of the complaint and the closure
of the complaint process. Upon request of the complainant, the department shall
conduct the inspection so as to protect the confidentiality of the
complainant.
(7) Retaliation
Prohibited. Migrant labor camp and residential migrant housing residents and
occupants who make complaints in good faith about housing and sanitary
conditions shall not be retaliated against by the owner or operator. Examples
of conduct for which an owner or operator may not retaliate are stated in
Section 381.00895,
F.S.
Rulemaking Authority 381.006, 381.0086 FS. Law Implemented
381.0081, 381.0082, 381.0083, 381.00893
FS.
New 1-1-77, Amended 10-7-84, Formerly 10D-25.54, Amended
8-6-92, 11-17-94, Formerly 10D-25.054, Amended 6-23-98, 9-12-99,
9-30-08.
