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 and

11  the public health. Such review may result in modifications,

12  revocation, cancellation, or suspension of a pesticide

13  registration. The department, for reasons of adulteration,

14  misbranding, or other good cause, may refuse or revoke the

15  registration of any pesticide, after notice to the applicant

16  or registrant giving the reason for the decision. The

17  applicant may then request a hearing, pursuant to chapter 120,

18  on the intention of the department to refuse or revoke

19  registration, and, upon his or her failure to do so, the

20  refusal or revocation shall become final without further

21  procedure. In no event shall registration of a pesticide be

22  construed as a defense for the commission of any offense

23  prohibited under this part.

24         Section 10.  Subsection (6) is added to section

25  487.081, Florida Statutes, to read:

26         487.081  Exemptions.--

27         (6)  The Department of Environmental Protection is not

28  authorized to institute proceedings against any property owner

29  or leaseholder of property under the provisions of s.

30  376.307(5) to recover any costs or damages associated with

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

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1  assessment, or remediation of pesticide contamination of soil

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

  3  soil or potable water supplies, subject to the following

  4  conditions:

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

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

  7  property owner or leaseholder, in accordance with state and

  8  federal law, applicable registered labels, and rules on

  9  property classified as agricultural land pursuant to s.

10  193.461;

11         (b)  The property owner or leaseholder maintains

12  records of such pesticide applications and such records are

13  provided to the department upon request;

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

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

16  available to the Department of Environmental Protection;

17         (d)  This subsection does not limit regulatory

18  authority under a federally delegated or approved program; and

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

20  apply retroactively.

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22  The department, in consultation with the Secretary of the

23  Department of Environmental Protection, may adopt rules

24  prescribing the format, content, and retention time for

25  records to be maintained under this subsection.

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

27  526.311, Florida Statutes, are amended to read:

28         526.311  Enforcement; civil penalties; injunctive

29  relief.--

30         (2)  The Department of Agriculture and Consumer

31  Services shall investigate any complaints regarding violations

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





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

  2  documents and records as part of its investigation of a

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

  4  proprietary confidential business information contained in the

  5  documents or records received by the department pursuant to a

  6  written request or a Department of Legal Affairs subpoena are

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

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

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

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

11  department, through the department's office of general

12  counsel, may of Agriculture and Consumer Services may request

13  that the Department of Legal Affairs issue and serve a

14  subpoena subpoenas to compel the production of such documents

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

16  subpoena issued under this section, the department of Legal

17  Affairs may petition a court of competent jurisdiction to

18  enforce the subpoena and assess such sanctions as the court

19  may direct. Refiners shall afford the department of

20  Agriculture and Consumer Services reasonable access to the

21  refiners' posted terminal price.  After completion of an

22  investigation, the Department of Agriculture and Consumer

23  Services shall give the results of its investigation to the

24  Department of Legal Affairs.  The Department of Legal Affairs

25  may then subpoena additional relevant records or testimony if

26  it determines that the Department of Agriculture and Consumer

27  Services' investigation shows a violation has likely occurred.

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

29  photographs, files, sound recordings, or other business

30  material, regardless of form or characteristics, obtained by

31  the a department of Legal Affairs subpoena are confidential

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





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

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

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

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

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

  6  or proprietary confidential business information held by the

  7  department pursuant to such investigation shall be considered

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

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

10  materials may be used in any administrative or judicial

11  proceeding so long as the confidential or proprietary nature

12  of the material is maintained.

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

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

15  department of Legal Affairs in any court of competent

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

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

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

19  department of Legal Affairs shall be deposited into shared

20  equally between the Department of Legal Affairs Trust Fund and

21  the General Inspection Trust Fund.

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

23  Statutes, is amended to read:

24         526.312  Enforcement; private actions; injunctive

25  relief.--

26         (2)  On the application for a temporary restraining

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

28  discretion having due regard for the public interest, may

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

30  without surety, as conditions and circumstances may require.

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

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1  $50,000.  Upon proper application by the plaintiff, the court

  2  shall grant preliminary injunctive relief if the plaintiff

  3  shows:

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

  5  relief requested.

  6         (b)  There exist sufficiently serious questions going

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

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

  9  hardships imposed on the defendant and the public interest by

10  the issuance of such preliminary injunctive relief will be

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

12  if such preliminary injunctive relief were not granted.

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

15  apply to actions for injunctive relief brought by the

16  department of Legal Affairs under s. 526.311.

17         Section 13.  Section 526.313, Florida Statutes, is

18  amended to read:

19         526.313  Limitations period for actions.--Any action

20  brought by the department of Legal Affairs shall be brought

21  within 2 years after the alleged violation occurred or should

22  reasonably have been discovered.  Any action brought by any

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

24  violation occurred or should reasonably have been discovered,

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

26  unlawful price discrimination shall be brought within 2 years

27  from the date the alleged violation occurred or should

28  reasonably have been discovered.

29         Section 14.  Section 526.3135, Florida Statutes, is

30  amended to read:

31         526.3135  Reports by the Division of Standards

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





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

  2  of Standards Department of Agriculture and Consumer Services

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

  4  complaints received by the Department of Agriculture and

  5  Consumer Services pursuant to this act.  Such report shall

  6  contain at least the information required by s.

  7  570.544(6)(b)2.-4. and shall be presented to the Speaker of

  8  the House of Representatives and the President of the Senate

  9  no later than January 1 of each year.

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

11  from recurring general revenue and two positions are

12  authorized to the Department of Agriculture and Consumer

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

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15  (Redesignate subsequent sections.)

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17

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

19  And the title is amended as follows:

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

21

22  insert:

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

24         department to review and evaluate registered

25         pesticides if new information is made available

26         indicating adverse effects on public health or

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

28         liability for pesticide contamination when

29         pesticides are used in accordance with state

30         and federal law; providing for inspection of

31         records; providing rulemaking authority;

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                                                  SENATE AMENDMENT

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

    Amendment No. ___





  1         providing retroactive application; amending s.

  2         526.311, F.S.; revising enforcement provisions;

  3         transferring from the Department of Legal

  4         Affairs to the Department of Agriculture and

  5         Consumer Services responsibilities as the lead

  6         agency to enforce the Motor Fuel Marketing

  7         Practices Act; revising disposition of funds

  8         collected in civil actions; amending ss.

  9         526.312, 526.313, F.S., to conform; amending s.

10         526.3135, F.S.; specifying certain required

11         reporting by the Division of Standards of the

12         Department of Agriculture and Consumer

13         Services; providing an appropriation;

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