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



                                                  SENATE AMENDMENT

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

    Amendment No. ___

                            CHAMBER ACTION
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11  Senators Laurent and Carlton 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 (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 SB 2074, 1st Eng.

    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 10.  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 SB 2074, 1st Eng.

    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.

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21  The department, in consultation with the Secretary of the

22  Department of Environmental Protection, may adopt rules

23  prescribing the format, content, and retention time for

24  records to be maintained under this subsection.

25         Section 11.  Subsections (2) and (3) of section

26  526.311, Florida Statutes, are amended to read:

27         526.311  Enforcement; civil penalties; injunctive

28  relief.--

29         (2)  The Department of Agriculture and Consumer

30  Services shall investigate any complaints regarding violations

31  of this act and may request in writing the production of

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1  documents and records as part of its investigation of a

  2  complaint. Trade secrets, as defined in s. 812.081, and

  3  proprietary confidential business information contained in the

  4  documents or records received by the department pursuant to a

  5  written request or a Department of Legal Affairs subpoena are

  6  confidential and exempt from the provisions of s. 119.07(1)

  7  and s. 24(a), Art. I of the State Constitution. If the person

  8  upon whom such request was made fails to produce the documents

  9  or records within 30 days after the date of the request, the

10  department, through the department's office of general

11  counsel, may of Agriculture and Consumer Services may request

12  that the Department of Legal Affairs issue and serve a

13  subpoena subpoenas to compel the production of such documents

14  and records. If any person shall refuse to comply with a

15  subpoena issued under this section, the department of Legal

16  Affairs may petition a court of competent jurisdiction to

17  enforce the subpoena and assess such sanctions as the court

18  may direct. Refiners shall afford the department of

19  Agriculture and Consumer Services reasonable access to the

20  refiners' posted terminal price.  After completion of an

21  investigation, the Department of Agriculture and Consumer

22  Services shall give the results of its investigation to the

23  Department of Legal Affairs.  The Department of Legal Affairs

24  may then subpoena additional relevant records or testimony if

25  it determines that the Department of Agriculture and Consumer

26  Services' investigation shows a violation has likely occurred.

27  Any records, documents, papers, maps, books, tapes,

28  photographs, files, sound recordings, or other business

29  material, regardless of form or characteristics, obtained by

30  the a department of Legal Affairs subpoena are confidential

31  and exempt from the provisions of s. 119.07(1) and s. 24(a),

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1  Art. I of the State Constitution while the investigation is

  2  pending. At the conclusion of an investigation, any matter

  3  determined by the department of Legal Affairs or by a judicial

  4  or administrative body, federal or state, to be a trade secret

  5  or proprietary confidential business information held by the

  6  department pursuant to such investigation shall be considered

  7  confidential and exempt from the provisions of s. 119.07(1)

  8  and s. 24(a), Art. I of the State Constitution.  Such

  9  materials may be used in any administrative or judicial

10  proceeding so long as the confidential or proprietary nature

11  of the material is maintained.

12         (3)  The civil penalty imposed under this section may

13  be assessed and recovered in a civil action brought by the

14  department of Legal Affairs in any court of competent

15  jurisdiction. If the department of Legal Affairs prevails in a

16  civil action, the court may award it reasonable attorneys'

17  fees as it deems appropriate.  All funds recovered by the

18  department of Legal Affairs shall be deposited into shared

19  equally between the Department of Legal Affairs Trust Fund and

20  the General Inspection Trust Fund.

21         Section 12.  Subsection (2) of section 526.312, Florida

22  Statutes, is amended to read:

23         526.312  Enforcement; private actions; injunctive

24  relief.--

25         (2)  On the application for a temporary restraining

26  order or a preliminary injunction, the court, in its

27  discretion having due regard for the public interest, may

28  require or dispense with the requirement of a bond, with or

29  without surety, as conditions and circumstances may require.

30  If a bond is required, the amount shall not be greater than

31  $50,000.  Upon proper application by the plaintiff, the court

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1  shall grant preliminary injunctive relief if the plaintiff

  2  shows:

  3         (a)  That he or she is a proper person to seek the

  4  relief requested.

  5         (b)  There exist sufficiently serious questions going

  6  to the merits to make such questions a fair ground for

  7  litigation; and the court determines, on balance, the

  8  hardships imposed on the defendant and the public interest by

  9  the issuance of such preliminary injunctive relief will be

10  less than the hardship which would be imposed on the plaintiff

11  if such preliminary injunctive relief were not granted.

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13  The standards specified in paragraphs (a) and (b) shall also

14  apply to actions for injunctive relief brought by the

15  department of Legal Affairs under s. 526.311.

16         Section 13.  Section 526.313, Florida Statutes, is

17  amended to read:

18         526.313  Limitations period for actions.--Any action

19  brought by the department of Legal Affairs shall be brought

20  within 2 years after the alleged violation occurred or should

21  reasonably have been discovered.  Any action brought by any

22  other person shall be brought within 1 year after the alleged

23  violation occurred or should reasonably have been discovered,

24  except that a private action brought under s. 526.305 for

25  unlawful price discrimination shall be brought within 2 years

26  from the date the alleged violation occurred or should

27  reasonably have been discovered.

28         Section 14.  Section 526.3135, Florida Statutes, is

29  amended to read:

30         526.3135  Reports by the Division of Standards

31  Department of Agriculture and Consumer Services.--The Division

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1  of Standards Department of Agriculture and Consumer Services

  2  is directed to compile a report pursuant to s. 570.544 of all

  3  complaints received by the Department of Agriculture and

  4  Consumer Services pursuant to this act.  Such report shall

  5  contain at least the information required by s.

  6  570.544(6)(b)2.-4. and shall be presented to the Speaker of

  7  the House of Representatives and the President of the Senate

  8  no later than January 1 of each year.

  9         Section 15.  There is appropriated the sum of $100,000

10  from recurring general revenue and two positions are

11  authorized to the Department of Agriculture and Consumer

12  Services to implement sections 11-14 of this act.

13

14  (Redesignate subsequent sections.)

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16

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

18  And the title is amended as follows:

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

20

21  insert:

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

23         department to review and evaluate registered

24         pesticides if new information is made available

25         indicating adverse effects on public health or

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

27         liability for pesticide contamination when

28         pesticides are used in accordance with state

29         and federal law; providing for inspection of

30         records; providing rulemaking authority;

31         providing retroactive application; amending s.

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1         526.311, F.S.; revising enforcement provisions;

  2         transferring from the Department of Legal

  3         Affairs to the Department of Agriculture and

  4         Consumer Services responsibilities as the lead

  5         agency to enforce the Motor Fuel Marketing

  6         Practices Act; revising disposition of funds

  7         collected in civil actions; amending ss.

  8         526.312, 526.313, F.S., to conform; amending s.

  9         526.3135, F.S.; specifying certain required

10         reporting by the Division of Standards of the

11         Department of Agriculture and Consumer

12         Services; providing an appropriation;

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