SENATE AMENDMENT

    Bill No. CS for SB 2074, 1st Eng.

    Amendment No. ___

                            CHAMBER ACTION
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11  Senator Dyer moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 18, between lines 26 and 27,

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16  insert:

17         Section 9.  Subsection (6) is added to section 487.081,

18  Florida Statutes, to read:

19         487.081  Exemptions.--

20         (6)  The Department of Environmental Protection is not

21  authorized to institute proceedings against any property owner

22  or leaseholder of property under the provisions of s.

23  376.307(5) to recover any costs or damages associated with

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

25  assessment, or remediation of pesticide contamination of soil

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

27  soil or potable water supplies, subject to the following

28  conditions:

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

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

31  property owner or leaseholder, in accordance with state and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2074, 1st Eng.

    Amendment No. ___





  1  federal law, applicable registered labels, and rules on

  2  property classified as agricultural land pursuant to s.

  3  193.461 or on an agricultural area as defined in s. 482.021;

  4         (b)  The property owner or leaseholder maintains

  5  records of such pesticide applications and such records are

  6  provided to the department upon request;

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

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

  9  available to the Department of Environmental Protection;

10         (d)  This subsection does not limit regulatory

11  authority under a federally delegated or approved program; and

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

13  apply retroactively.

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15  The department, in consultation with the Secretary of the

16  Department of Environmental Protection, may adopt rules

17  prescribing the format, content, and retention time for

18  records to be maintained under this subsection.

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20  (Redesignate subsequent sections.)

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

24  And the title is amended as follows:

25         On page 2, line 24, after the semicolon,

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27  insert:

28         amending s. 487.081, F.S.; waiving liability

29         for pesticide contamination when pesticides are

30         used in accordance with state and federal law;

31         providing for inspection of records; providing

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2074, 1st Eng.

    Amendment No. ___





  1         rulemaking authority; providing retroactive

  2         application;

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