House Bill hb0809
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 809
By the Committee on Security, Select and Representatives
Goodlette, Gelber, Ball, Green, Cusack, Cantens and Machek
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 to the
23 aerial application industry; 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. Paragraphs (d) and (e) are added to
29 subsection (1) of section 487.051, Florida Statutes, to read:
30 487.051 Administration; rules; procedure.--
31 (1) The department may by rule:
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 809
409-123-02
1 (d) Establish requirements governing aircraft used for
2 the aerial application of pesticides, including requirements
3 for recordkeeping, annual aircraft registration, secure
4 storage when not in use, area-of-application information, and
5 reporting any sale, lease, purchase, rental, or transfer of
6 such aircraft to another person.
7 (e) Establish requirements governing the secure
8 storage and distribution of pesticides used by aerial
9 pesticide applicators.
10 Section 2. Subsections (39) and (40) are added to
11 section 570.07, Florida Statutes, to read:
12 570.07 Department of Agriculture and Consumer
13 Services; functions, powers, and duties.--The department shall
14 have and exercise the following functions, powers, and duties:
15 (39) To adopt by rule requirements governing aircraft
16 used for the aerial application of pesticides, fertilizers, or
17 seed, including requirements for recordkeeping, annual
18 aircraft registration, secure storage when not in use,
19 area-of-application information, and reporting any sale,
20 lease, purchase, rental, or transfer of such aircraft to
21 another person.
22 (40) To adopt by rule requirements governing an aerial
23 applicator's secure storage of pesticides and fertilizers.
24 Except as provided in chapters 373, 376, and 403, the
25 regulation of the commercial storage and distribution of
26 pesticides and fertilizers is expressly preempted to the
27 department.
28 Section 3. Subsections (3) and (4) are added to
29 section 576.181, Florida Statutes, to read:
30 576.181 Administration; rules; procedure.--
31
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 809
409-123-02
1 (3) The department may establish by rule requirements
2 governing aircraft used for the aerial application of
3 fertilizers, including requirements for recordkeeping, annual
4 aircraft registration, secure storage when not in use,
5 area-of-application information, and reporting any sale,
6 lease, purchase, rental, or transfer of such aircraft to
7 another person.
8 (4) The department may establish by rule requirements
9 governing the secure storage and distribution of fertilizers
10 used by aerial fertilizer applicators.
11 Section 4. Paragraph (j) is added to subsection (2) of
12 section 578.11, Florida Statutes, to read:
13 578.11 Duties, authority, and rules of the
14 department.--
15 (2) The department is authorized:
16 (j) To establish by rule requirements governing
17 aircraft used for the aerial application of seed, including
18 requirements for recordkeeping, annual aircraft registration,
19 secure storage when not in use, area-of-application
20 information, and reporting any sale, lease, purchase, rental,
21 or transfer of such aircraft to another person.
22 Section 5. By January 1, 2003, the Department of
23 Agriculture and Consumer Services shall report to the
24 President of the Senate and the Speaker of the House of
25 Representatives on the implementation of any rule adopted by
26 the department as authorized by this act.
27 Section 6. The Office of Program Policy Analysis and
28 Government Accountability is directed to review the cost
29 impact to the aerial application industry of the
30 implementation of any rules adopted by the Department of
31 Agriculture and Consumer Services pursuant to this act and to
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 809
409-123-02
1 report its findings to the President of the Senate and the
2 Speaker of the House of Representatives by January 1, 2003.
3 Section 7. This act shall take effect upon becoming a
4 law.
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7 HOUSE SUMMARY
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Authorizes the Department of Agriculture and Consumer
9 Services to adopt rules establishing requirements
governing aircraft used for the aerial application of
10 pesticides and fertilizers and requirements governing the
storage and distribution thereof. Authorizes the
11 department to adopt rules establishing requirements
governing aircraft used for the aerial application of
12 seed. Requires the department to report to the
Legislature on the implementation of any rule adopted as
13 authorized by the act. Requires the review of the cost
impact to the aerial application industry.
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CODING: Words stricken are deletions; words underlined are additions.