House Bill hb0115Be1

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                                         HB 115-B, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         487.051, F.S.; authorizing the department to

  5         adopt rules establishing requirements governing

  6         aircraft used for the aerial application of

  7         pesticides and requirements governing the

  8         storage and distribution of pesticides;

  9         amending s. 570.07, F.S.; conforming

10         provisions; amending s. 576.181, F.S.;

11         authorizing the department to adopt rules

12         establishing requirements governing aircraft

13         used for the aerial application of fertilizers

14         and requirements governing the storage and

15         distribution of fertilizers; amending s.

16         578.11, F.S.; authorizing the department to

17         adopt rules establishing requirements governing

18         aircraft used for the aerial application of

19         seed; requiring that the department report to

20         the Legislature on the implementation of any

21         rule adopted as authorized by the act;

22         directing the review of the cost impact of

23         aerial application of pesticides; providing an

24         effective date.

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26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Subsection (1) of section 487.051, Florida

29  Statutes, is amended to read:

30         487.051  Administration; rules; procedure.--

31         (1)  The department may by rule:


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                                         HB 115-B, First Engrossed



  1         (a)  Declare as a pest any form of plant or animal life

  2  or virus which is injurious to plants, humans, domestic

  3  animals, articles, or substances.

  4         (b)  Establish procedures for the taking and handling

  5  of samples and establish tolerances and deficiencies where not

  6  specifically provided for in this chapter; assess penalties;

  7  and prohibit the sale or use of pesticides or devices shown to

  8  be detrimental to human beings, the environment, or

  9  agriculture or to be otherwise of questionable value.

10         (c)  Determine whether pesticides, and quantities of

11  substances contained in pesticides, are injurious to the

12  environment.  The department shall be guided by the United

13  States Environmental Protection Agency regulations in this

14  determination.

15         (d)  Establish requirements governing aircraft used for

16  the aerial application of pesticides, including requirements

17  for recordkeeping, annual aircraft registration, secure

18  storage when not in use, area-of-application information, and

19  reporting any sale, lease, purchase, rental, or transfer of

20  such aircraft to another person.

21         (e)  Establish requirements governing the secure

22  storage and distribution of pesticides used by aerial

23  pesticide applicators.

24         Section 2.  Subsections (39) and (40) are added to

25  section 570.07, Florida Statutes, to read:

26         570.07  Department of Agriculture and Consumer

27  Services; functions, powers, and duties.--The department shall

28  have and exercise the following functions, powers, and duties:

29         (39)  To adopt by rule requirements governing aircraft

30  used for the aerial application of pesticides, fertilizers, or

31  seed, including requirements for recordkeeping, annual


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                                         HB 115-B, First Engrossed



  1  aircraft registration, secure storage when not in use,

  2  area-of-application information, and reporting any sale,

  3  lease, purchase, rental, or transfer of such aircraft to

  4  another person.

  5         (40)  To adopt by rules, requirements governing the

  6  aerial applicator's secure storage of pesticides and

  7  fertilizers.  Except as provided in chapters 373, 376, and

  8  403, the regulation of the commercial storage of and

  9  distribution of pesticides and fertilizers is expressly

10  preempted to the department.

11         Section 3.  Subsections (3) and (4) are added to

12  section 576.181, Florida Statutes, to read:

13         576.181  Administration; rules; procedure.--

14         (3)  The department may establish by rule requirements

15  governing aircraft used for the aerial application of

16  fertilizers, including requirements for recordkeeping, annual

17  aircraft registration, secure storage when not in use,

18  area-of-application information, and reporting any sale,

19  lease, purchase, rental, or transfer of such aircraft to

20  another person.

21         (4)  The department may establish by rule requirements

22  governing the secure storage and distribution of fertilizers

23  used by aerial fertilizer applicators.

24         Section 4.  Paragraph (j) is added to subsection (2) of

25  section 578.11, Florida Statutes, to read:

26         578.11  Duties, authority, and rules of the

27  department.--

28         (2)  The department is authorized:

29         (j)  To establish, by rule, requirements governing

30  aircraft used for the aerial application of seed, including

31  requirements for recordkeeping, annual aircraft registration,


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                                         HB 115-B, First Engrossed



  1  secure storage when not in use, area-of-application

  2  information, and reporting any sale, lease, purchase, rental,

  3  or transfer of such aircraft to another person.

  4         Section 5.  By January 1, 2003, the Department of

  5  Agriculture and Consumer Services shall report to the

  6  President of the Senate and the Speaker of the House of

  7  Representatives on the implementation of any rule adopted by

  8  the department as authorized by this act.

  9         Section 6.  The Office of Program Policy Analysis and

10  Government Accountability is directed to review the cost

11  impact to the aerial application industry of the

12  implementation of any rules adopted by the Department of

13  Agriculture and Consumer Services pursuant to this act and

14  report its findings to the President of the Senate and the

15  Speaker of the House of Representatives by January 1, 2003.

16         Section 7.  This act shall take effect upon becoming a

17  law.

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