CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1904

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Thomas moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 19, between lines 24 and 25,

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16  insert:

17         Section 21.  Subsection (3) of section 487.041, Florida

18  Statutes, is amended to read:

19         487.041  Registration.--

20         (3)  The department shall adopt rules governing the

21  procedures for pesticide registration and for the review of

22  data submitted by an applicant for registration of a

23  pesticide. The department shall determine whether a pesticide

24  should be registered, registered with conditions, or tested

25  under field conditions in this state. The department shall

26  determine that all requests for pesticide registrations meet

27  the requirements of current state and federal law. The

28  department, whenever it deems it necessary in the

29  administration of this part, may require the manufacturer or

30  registrant to submit the complete formula, quantities shipped

31  into or manufactured in the state for distribution and sale,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1904

    Amendment No.    





 1  evidence of the efficacy and the safety of any pesticide, and

 2  other relevant data. The department may review and evaluate a

 3  registered pesticide if new information is made available

 4  which indicates that use of the pesticide has caused an

 5  unreasonable adverse effect on public health or the

 6  environment. Such review shall be conducted upon the request

 7  of the Secretary of the Department of Health in the event of

 8  an unreasonable adverse effect on public health or the

 9  Secretary of the Department of Environmental Protection in the

10  event of an unreasonable adverse effect on the environment.

11  Such review may result in modifications, revocation,

12  cancellation or suspension of a pesticide registration. The

13  department, for reasons of adulteration, misbranding, or other

14  good cause, may refuse or revoke the registration of any

15  pesticide, after notice to the applicant or registrant giving

16  the reason for the decision. The applicant may then request a

17  hearing, pursuant to chapter 120, on the intention of the

18  department to refuse or revoke registration, and, upon his or

19  her failure to do so, the refusal or revocation shall become

20  final without further procedure. In no event shall

21  registration of a pesticide be construed as a defense for the

22  commission of any offense prohibited under this part.

23         Section 22.  Subsection (6) is added to section

24  487.081, Florida Statutes, to read:

25         487.081  Exemptions.--

26         (6)  The Department of Environmental Protection is not

27  authorized to institute proceedings against any property owner

28  or leaseholder of property under the provisions of s.

29  376.307(5) to recover any costs or damages associated with

30  pesticide contamination of soil or water, or the evaluation,

31  assessment, or remediation of pesticide contamination of soil

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1904

    Amendment No.    





 1  or water, including sampling, analysis, and restoration of

 2  soil or potable water supplies, subject to the following

 3  conditions:

 4         (a)  The pesticide contamination of soil or water is

 5  determined to be the result of the use of pesticides by the

 6  property owner or leaseholder, in accordance with state and

 7  federal law, applicable registered labels, and rules on

 8  property classified as agricultural land pursuant to s.

 9  193.461;

10         (b)  The property owner or leaseholder maintains

11  records of such pesticide applications and such records are

12  provided to the department upon request;

13         (c)  In the event of pesticide contamination of soil or

14  water, the department, upon request, shall make such records

15  available to the Department of Environmental Protection;

16         (d)  This subsection does not limit regulatory

17  authority under a federally delegated or approved program; and

18         (e)  This subsection is remedial in nature and shall

19  apply retroactively.

20  The department, in consultation with the Secretary of the

21  Department of Environmental Protection, may adopt rules

22  prescribing the format, content, and retention time for

23  records to be maintained under this subsection.

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25  (Redesignate subsequent sections.)

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28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 3, line 10, after the semicolon,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1904

    Amendment No.    





 1  insert:

 2         amending s. 487.041, F.S.; authorizing the

 3         department to review and evaluate registered

 4         pesticides if new information is made available

 5         indicating adverse effects on public health or

 6         environment; amending s. 487.081, F.S.; waiving

 7         liability for pesticide contamination when

 8         pesticides are used in accordance with state

 9         and federal law; providing for inspection of

10         records; providing rulemaking authority;

11         providing retroactive application;

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