Senate Bill 1760e1
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1 A bill to be entitled
2 An act relating to agricultural pests and
3 diseases; providing legislative intent;
4 creating s. 570.235, F.S.; creating the Pest
5 Exclusion Advisory Committee within the
6 Department of Agriculture and Consumer
7 Services; establishing membership of the
8 advisory committee; providing duties of the
9 advisory committee; requiring a report;
10 creating s. 593.28, F.S.; requiring the
11 Department of Agriculture and Consumer Services
12 to establish a reimbursement program for
13 certain temporary relocation expenses;
14 providing a limitation; amending s. 593.21,
15 F.S.; directing the Department of Health to
16 study the health effects of the aerial
17 application of Malathion; providing for the
18 appointment of a scientific advisory board;
19 amending s. 593.22, F.S.; requiring earlier
20 notice of the aerial application of a
21 pesticide; providing for diagnostic and
22 treatment costs; providing appropriations;
23 providing an effective date.
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25 WHEREAS, the introduction of agricultural pests and
26 diseases poses a serious threat to the physical health,
27 safety, and economic well-being of the people of the state,
28 and
29 WHEREAS, imported agricultural products provide a means
30 by which pests and diseases enter this state, resulting in
31 costly detection, eradication, and control programs, and
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1 WHEREAS, the Department of Agriculture and Consumer
2 Services is responsible for the early detection, eradication,
3 and control of agricultural pests and diseases in a reasonable
4 and well-justified manner, NOW, THEREFORE,
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6 Be It Enacted by the Legislature of the State of Florida:
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8 Section 1. It is the intent of the Legislature that
9 the aerial application of a pesticide be used only as a last
10 resort for plant pest eradication when the Department of
11 Agriculture and Consumer Services conducts an emergency
12 response to plant pest infestation in an urbanized area. It is
13 further the intent of the Legislature that the Department of
14 Agriculture and Consumer Services shall assist the United
15 States Environmental Protection Agency in expediting the
16 approval process for plant pest eradication alternatives and
17 alternative types of baits.
18 Section 2. Section 570.235, Florida Statutes, is
19 created to read:
20 570.235 Pest Exclusion Advisory Committee.--
21 (1) There is created within the department a Pest
22 Exclusion Advisory Committee. The advisory committee shall be
23 composed of 26 members.
24 (a) The Commissioner of Agriculture shall appoint 19
25 members representing the following:
26 1. Two members from the Department of Agriculture and
27 Consumer Services.
28 2. Two citizens at large.
29 3. One member from each of the following agricultural
30 production groups:
31 a. Row crops.
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1 b. Citrus.
2 c. Horticulture.
3 d. Forestry.
4 e. Cattle.
5 f. Dairy.
6 g. Pork.
7 h. Poultry.
8 i. Horses.
9 j. Aquaculture.
10 k. Apiary.
11 4. One member representing research programs in the
12 state's land grant institutions.
13 5. One member representing extension programs in the
14 state's land grant institutions.
15 6. Two members from the environmental community.
16 (b) In addition, the committee shall be composed of
17 the following seven members:
18 1. Two members representing and appointed by the
19 Animal and Plant Health Inspection Service of the United
20 States Department of Agriculture.
21 2. One member representing and appointed by the
22 Department of Health.
23 3. One member representing and appointed by the
24 Department of Environmental Protection.
25 4. One member representing and appointed by the Game
26 and Fresh Water Fish Commission.
27 5. One member appointed by the Speaker of the House of
28 Representatives.
29 6. One member appointed by the President of the
30 Senate.
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1 (2) The advisory committee shall be governed by the
2 provisions of s. 570.0705 and shall have the responsibility of
3 reviewing and evaluating the state's existing and future
4 exclusion, detection, and eradication programs. The
5 Commissioner of Agriculture shall appoint the chair of the
6 committee. In evaluating the programs, the advisory committee
7 shall:
8 (a) Require the scientific community to provide
9 necessary scientific background on Florida's programs. Using
10 such information, the committee shall evaluate the scientific
11 basis for the programs.
12 (b) Review current state laws and regulations and
13 recommend changes.
14 (c) Identify exotic plants and pests in foreign
15 countries which pose a significant threat to consumer safety
16 and have a high likelihood of being introduced into the state.
17 (d) Identify high-risk areas for pest introduction and
18 offer recommendations for specific programmatic activities to
19 address such risk.
20 (e) Study the possibility of partnerships with other
21 public and private entities to develop programs, projects, and
22 activities that may be cost-effective and that may assist in
23 implementing a pest exclusion program.
24 (f) Address any area of concern that is raised
25 regarding the state's pest exclusion, detection, and
26 eradication program.
27 (g) Make recommendations to the Commissioner of
28 Agriculture, the Governor, the Speaker of the House of
29 Representatives, and the President of the Senate for needs and
30 changes in these programs, including funding requirements and
31 needs.
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1 (3) The committee shall issue a report of its findings
2 to the Commissioner of Agriculture, the Governor, the Speaker
3 of the House of Representatives, and the President of the
4 Senate by January 1, 2001.
5 Section 3. Section 593.28, Florida Statutes, is
6 created to read:
7 593.28 Relocation program.--
8 (1) The Department of Agriculture and Consumer
9 Services shall establish a program to reimburse residents of
10 the state for temporary relocation to avoid emergency aerial
11 application of malathion to an urbanized area for purposes of
12 plant pest eradication and control. Nothing in this section
13 shall be construed to apply to pesticide applications
14 regulated under chapter 388, chapter 482, or chapter 487 or
15 persons performing any pest control or other operation for
16 which they are licensed or certified under such chapters.
17 Persons may be reimbursed for temporary and reasonable travel
18 expenses to a location up to 25 miles outside the spray zone
19 for the duration of each individual spray application.
20 Individuals seeking reimbursement must be listed in the
21 Department of Agriculture and Consumer Services registry of
22 persons requiring prior notification of the application of
23 pesticides, pursuant to s. 482.2267, when the emergency is
24 declared. In addition, each individual seeking reimbursement
25 shall provide receipts or other documentation for travel and
26 other expenses, including costs for lodging and meals. All
27 reimbursement shall be reasonable, shall be made in accordance
28 with s. 215.422, and may not exceed $100 per person per day.
29 All reimbursement payments shall be made in accordance with s.
30 215.422.
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1 (2) Relocation reimbursement expenses payable by the
2 department under subsection (1) shall be limited to funds
3 appropriated explicitly for such purpose.
4 Section 4. Section 593.21, Florida Statutes, 1998
5 Supplement, is amended to read:
6 593.21 Monitoring of health complaints by Department
7 of Health; hotline; rulemaking authority.--At any time when
8 the Department of Agriculture and Consumer Services is
9 conducting an emergency response to a plant pest infestation
10 which involves the aerial application of a pesticide to an
11 urbanized area, the Department of Health shall monitor health
12 problems that result from chemical exposure about which
13 complaints are made to physicians and health care facilities.
14 The Department of Health shall provide a toll-free hotline on
15 which persons may register complaints and shall make a record
16 of all calls received on that line. In consultation with the
17 Department of Health, the Department of Agriculture and
18 Consumer Services shall adopt by rule standards for
19 determining when the use of a particular pesticide should be
20 discontinued. The Department of Health shall conduct an
21 epidemiologic study to determine whether there are adverse
22 health effects associated with the aerial application of
23 Malathion and bait for the purpose of plant pest eradication.
24 The study shall be designed by a three-member scientific
25 advisory board. The board shall be comprised of one member
26 with expertise in epidemiology from the State University
27 System, one member who represents the Centers for Disease
28 Control and Prevention, and one member who represents the
29 Department of Health. The study shall be properly designed to
30 include all aerial plant pest control applications, including
31 bait mixtures as well as appropriate classifications,
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1 diagnoses, treatments, and monitoring of adverse-effect
2 reactions. Notwithstanding any law to the contrary, the
3 Department of Health shall have access to confidential patient
4 information for the purpose of conducting the study pursuant
5 to, but not limited to, ss. 405.01-405.03. The results of the
6 study shall be made available to the President of the Senate,
7 the Speaker of the House of Representatives, the Executive
8 Office of the Governor, and the Commissioner of Agriculture
9 within 18 months after the next aerial application of
10 Malathion conducted by the Department of Agriculture and
11 Consumer Services occurring after July 1, 1999.
12 Section 5. Section 593.22, Florida Statutes, 1998
13 Supplement, is amended to read:
14 593.22 Notice and information.--Before the Department
15 of Agriculture and Consumer Services begins an emergency
16 response to a plant pest infestation which involves the aerial
17 application of a pesticide to an urbanized area, the
18 department shall notify the public in the area in which the
19 pesticide is to be applied of its impending action. Notice
20 must be given at least 96 48 hours before beginning the aerial
21 application of a pesticide to an urbanized area. The
22 department shall use all reasonable methods to disseminate
23 information required under this section as widely as possible.
24 Information to be disseminated includes, but is not limited
25 to: a copy of any Environmental Protection Agency permit or
26 other permit under which the pesticide will be applied, and
27 the source, including the date of publication, of any
28 technical information, if available, about the pesticide which
29 is included in the notice; the projected area over which the
30 pesticide will be applied; the predicted duration of the
31 application period; and the number of the Department of
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1 Health's toll-free hotline. When the emergency response to a
2 plant pest infestation requires the aerial application of a
3 pesticide to an urbanized area for a period longer than 1
4 week, the department shall notify the public in the area of
5 the program's continuation. The department shall notify the
6 public in the area when an emergency response to a plant pest
7 infestation which requires the aerial application of a
8 pesticide to an urbanized area is terminated. The Department
9 of Health shall provide services to evaluate and, if
10 necessary, treat cases of illness associated with the aerial
11 application of Malathion and bait for the purposes of plant
12 pest eradication; however, the costs of evaluation and
13 treatment services may be paid by the Department of Health
14 only for individuals who are uninsured residents of the
15 sprayed areas and who are included by the Department of Health
16 as participants in the study provided in s. 593.21. The
17 pesticide-illness classification established by the United
18 States Centers for Disease Control and Prevention shall be
19 used to establish definite or probable cases for eligibility
20 determination for these services. The total cost of all
21 evaluation and treatment services, including, but not limited
22 to, health practitioner services, laboratory services, imaging
23 services, and medications, may not exceed $1,000 per patient.
24 Section 6. The sum of $200,000 is appropriated from
25 the General Revenue Fund to the Department of Agriculture and
26 Consumer Services for the purpose of paying the costs of
27 relocation reimbursement expenses to avoid Malathion spraying
28 during the 1999-2000 Fiscal Year.
29 Section 7. The sum of $550,000 is appropriated from
30 the General Revenue Fund to the administrative trust fund in
31 the Department of Health to carry out the provisions of this
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1 act. Of this amount, $450,000 is for the purpose of conducting
2 the study provided for in the amendment to section 593.21,
3 Florida Statutes, by this act and $100,000 is for the purpose
4 of providing services to evaluate and treat illness in
5 accordance with the amendment to section 593.22, Florida
6 Statutes, by this act.
7 Section 8. This act shall take effect July 1, 1999.
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