1 | Representative Poppell offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Subsection (8) of section 381.008, Florida |
6 | Statutes, is amended to read: |
7 | 381.008 Definitions of terms used in ss. 381.008- |
8 | 381.00897.--As used in ss. 381.008-381.00897, the following |
9 | words and phrases mean: |
10 | (8) "Residential migrant housing"--A building, structure, |
11 | mobile home, barracks, or dormitory, and any combination thereof |
12 | on adjacent property which is under the same ownership, |
13 | management, or control, and the land appertaining thereto, that |
14 | is rented or reserved for occupancy by five or more seasonal or |
15 | migrant farmworkers, except: |
16 | (a) Housing furnished as an incident of employment. |
17 | (b) A single-family residence or mobile home dwelling unit |
18 | that is occupied only by a single family and that is not under |
19 | the same ownership, management, or control as other farmworker |
20 | housing to which it is adjacent or contiguous. |
21 | (c) A hotel, motel, or resort condominium, as defined in |
22 | chapter 509, that is furnished for transient occupancy. |
23 | (d) Any housing owned or operated by a public housing |
24 | authority except for housing which is specifically provided for |
25 | persons whose principal income is derived from agriculture. |
26 | Section 2. Subsections (1) and (2) of section 381.0086, |
27 | Florida Statutes, are amended, and subsection (6) is added to |
28 | said section, to read: |
29 | 381.0086 Rules; variances; penalties.-- |
30 | (1) The department shall adopt rules necessary to protect |
31 | the health and safety of migrant farmworkers farm workers and |
32 | other migrant labor camp or residential migrant housing |
33 | occupants, including rules governing field sanitation |
34 | facilities. These rules must include definitions of terms, |
35 | provisions relating to plan review of the construction of new, |
36 | expanded, or remodeled camps or residential migrant housing, |
37 | sites, buildings and structures, personal hygiene facilities, |
38 | lighting, sewage disposal, safety, minimum living space per |
39 | occupant, bedding, food equipment, food storage and preparation, |
40 | insect and rodent control, garbage, heating equipment, water |
41 | supply, maintenance and operation of the camp, housing, or |
42 | roads, and such other matters as the department finds to be |
43 | appropriate or necessary to protect the life and health of the |
44 | occupants. Housing operated by a public housing authority is |
45 | exempt from the provisions of any administrative rule that |
46 | conflicts with or is more stringent than the federal standards |
47 | applicable to the housing. |
48 | (2) Except when prohibited as specified in subsection (6), |
49 | an owner or operator may apply for a permanent structural |
50 | variance from the department's rules by filing a written |
51 | application and paying a fee set by the department, not to |
52 | exceed $100. This application must: |
53 | (a) Clearly specify the standard from which the variance |
54 | is desired.; |
55 | (b) Provide adequate justification that the variance is |
56 | necessary to obtain a beneficial use of an existing facility and |
57 | to prevent a practical difficulty or unnecessary hardship.; and |
58 | (c) Clearly set forth the specific alternative measures |
59 | that the owner or operator has taken to protect the health and |
60 | safety of occupants and adequately show that the alternative |
61 | measures have achieved the same result as the standard from |
62 | which the variance is sought. |
63 | (6) For the purposes of filing an interstate clearance |
64 | order with the Agency for Workforce Innovation, if the housing |
65 | is covered by 20 C.F.R. part 654, subpart E, no permanent |
66 | structural variance referred to in subsection (2) is allowed. |
67 | Section 3. Subsections (1) and (6) of section 381.0087, |
68 | Florida Statutes, are amended, and subsection (9) is added to |
69 | said section, to read: |
70 | 381.0087 Enforcement; citations.-- |
71 | (1) Department personnel or crew chief compliance officers |
72 | employed by the Bureau of Compliance of the Florida Department |
73 | of Labor and Employment Security may issue citations that |
74 | contain an order of correction or an order to pay a fine, or |
75 | both, for violations of ss. 381.008-381.00895 or the field |
76 | sanitation facility rules adopted by the department when a |
77 | violation of those sections or rules is enforceable by an |
78 | administrative or civil remedy, or when a violation of those |
79 | sections or rules is a misdemeanor of the second degree. A |
80 | citation issued under this section constitutes a notice of |
81 | proposed agency action. The recipient of a citation for a major |
82 | deficiency, as defined by rule of the department, will be given |
83 | a maximum of 48 hours to make satisfactory correction or |
84 | demonstrate that provisions for correction are satisfactory. |
85 | (6) Any person who willfully refuses to sign and accept a |
86 | citation issued by the department commits or the Department of |
87 | Labor and Employment Security is guilty of a misdemeanor of the |
88 | second degree, punishable as provided in s. 775.082 or s. |
89 | 775.083. |
90 | (9) When the department suspects that a law has been |
91 | violated, it shall notify the entity that enforces the law. |
92 | Section 4. Subsection (1) of section 403.088, Florida |
93 | Statutes, is amended to read: |
94 | 403.088 Water pollution operation permits; conditions.-- |
95 | (1) No person, without written authorization of the |
96 | department, shall discharge into waters within the state any |
97 | waste which, by itself or in combination with the wastes of |
98 | other sources, reduces the quality of the receiving waters below |
99 | the classification established for them. However, this section |
100 | shall not be deemed to prohibit the application of pesticides to |
101 | waters in the state for the control of insects, aquatic weeds, |
102 | or algae, provided the application is performed pursuant to a |
103 | program approved by the Department of Health, in the case of |
104 | insect control, or the department, in the case of aquatic weed |
105 | or algae control. The department is directed to enter into |
106 | interagency agreements to establish the procedures for program |
107 | approval. Such agreements shall provide for public health, |
108 | welfare, and safety, as well as environmental factors. Approved |
109 | programs must provide that only chemicals approved for the |
110 | particular use by the United States Environmental Protection |
111 | Agency or by the Department of Agriculture and Consumer Services |
112 | may be employed and that they be applied in accordance with |
113 | registered label instructions, state standards for such |
114 | application, and the provisions of the Florida Pesticide Law, |
115 | part I of chapter 487. |
116 | Section 5. Subsection (1) of section 450.191, Florida |
117 | Statutes, is amended to read: |
118 | 450.191 Executive Office of the Governor; powers and |
119 | duties.-- |
120 | (1) The Executive Office of the Governor is authorized and |
121 | directed to: |
122 | (a) Advise and consult with employers of migrant and |
123 | seasonal workers and their employers as to the ways and means of |
124 | improving living and working conditions of migrant and seasonal |
125 | workers.; |
126 | (b) Cooperate with the Department of Health in |
127 | establishing minimum standards of preventive and curative health |
128 | and of housing and sanitation in migrant labor camps and in |
129 | making surveys to determine the adequacy of preventive and |
130 | curative health services available to occupants of migrant labor |
131 | camps.; |
132 | (c) Provide coordination for the enforcement of ss. |
133 | 381.008-381.0088 and ss. 450.27-450.38.; |
134 | (d) Cooperate with the Department of Business and |
135 | Professional Regulation other departments of government in |
136 | coordinating and enforcing all applicable labor laws, including, |
137 | but not limited to, those relating to private employment |
138 | agencies, child labor, wage payments, wage claims, and farm |
139 | labor contractors. crew leaders; |
140 | (e) Cooperate with the Department of Education to provide |
141 | educational facilities for the children of migrant laborers.; |
142 | (f) Cooperate with the Department of Highway Safety and |
143 | Motor Vehicles to establish minimum standards for the |
144 | transporting of migrant laborers.; |
145 | (g) Cooperate with the Department of Agriculture and |
146 | Consumer Services to conduct an education program for employers |
147 | of migrant laborers pertaining to the standards, methods, and |
148 | objectives of the office.; |
149 | (h) Cooperate with the Department of Children and Family |
150 | Services in coordinating all public assistance programs as they |
151 | may apply to migrant laborers.; |
152 | (i) Coordinate all federal, state, and local programs |
153 | pertaining to migrant laborers.; |
154 | (j) Cooperate with the Agency for Workforce Innovation |
155 | farm labor office of the Department of Business and Professional |
156 | Regulation in the recruitment and referral of migrant laborers |
157 | and other persons for the planting, cultivation, and harvesting |
158 | of agricultural crops in Florida. |
159 | (2) The office shall arrange, through the Department of |
160 | Health, for the provision of the supplementary services set |
161 | forth in paragraph (1)(b) to the extent of available |
162 | appropriations. Such services may be provided through the use of |
163 | one or more traveling dispensaries, or by contract with |
164 | physicians, dentists, hospitals, or clinics, or in such manner |
165 | as may be recommended by the Department of Health. |
166 | Section 6. Section 450.201, Florida Statutes, is amended |
167 | to read: |
168 | 450.201 Legislative Commission on Migrant and Seasonal |
169 | Labor; membership; filling vacancies.-- |
170 | (1) There is created a permanent joint committee of the |
171 | Florida Legislature to be known as the Legislative Commission on |
172 | Migrant and Seasonal Labor, to be composed of three members of |
173 | the Senate, appointed by the President of the Senate, and three |
174 | members of the House of Representatives, appointed by the |
175 | Speaker of the House. One member from each house shall be a |
176 | member of the minority party. Any vacancy in the commission |
177 | shall be filled by the respective presiding officer from the |
178 | membership of the legislative body from which the vacancy |
179 | occurred. However, a member who ceases to be a member of the |
180 | legislative body from which appointed shall continue to be a |
181 | member of the commission until the next succeeding regular |
182 | session of the Legislature, at which the commission shall render |
183 | its report to the Legislature. |
184 | (2) Appointments shall be made no later than March 1, |
185 | 2005. |
186 | (3) The first meeting of the commission shall be no later |
187 | than July 1, 2005. |
188 | Section 7. Section 450.231, Florida Statutes, is amended |
189 | to read: |
190 | 450.231 Annual reports to Legislature.--The commission |
191 | shall report its findings, recommendations, and proposed |
192 | legislation to each regular session of the Legislature no later |
193 | than February 1 of each year beginning in 2006. |
194 | Section 8. Section 450.27, Florida Statutes, is amended to |
195 | read: |
196 | 450.27 Short title.--This part shall be known by the |
197 | popular name may be cited as the "Farm Labor Contractor |
198 | Registration Law." |
199 | Section 9. Section 450.271, Florida Statutes, is amended |
200 | to read: |
201 | 450.271 State administration of the Migrant and Seasonal |
202 | Agricultural Worker Protection Act.--The Department of Business |
203 | and Professional Regulation Labor and Employment Security may |
204 | enter into agreements with the Secretary of Labor of the United |
205 | States to authorize the department to administer within the |
206 | State of Florida the provisions of the Migrant and Seasonal |
207 | Agricultural Worker Protection Act of 1983, as amended. |
208 | Section 10. Subsections (5) and (6) are added to section |
209 | 450.28, Florida Statutes, to read: |
210 | 450.28 Definitions.-- |
211 | (5) "Minor violation" means a violation of a specific |
212 | state or federal law or rule that does not result in economic or |
213 | physical harm to any person recruited, transported, supplied, or |
214 | hired by a farm labor contractor or create a significant threat |
215 | of such harm. |
216 | (6) "Major violation" means a violation of a specific |
217 | state or federal law or rule that results in economic or |
218 | physical harm to any person recruited, transported, supplied, or |
219 | hired by a farm labor contractor or creates a significant threat |
220 | of such harm. |
221 | Section 11. Subsections (6) and (7) of section 450.30, |
222 | Florida Statutes, are amended to read: |
223 | 450.30 Requirement of certificate of registration; |
224 | education and examination program.-- |
225 | (6) The department shall require an applicant for renewal |
226 | of a certificate of registration to retake the examination only |
227 | if: |
228 | (a) During the prior certification period, the department |
229 | issued a final order assessing a civil monetary penalty for a |
230 | major violation of this part or revoked or refused to renew or |
231 | issue a certificate of registration; or |
232 | (b) The department determines that new requirements |
233 | related to the duties and responsibilities of a farm labor |
234 | contractor necessitate a new examination. |
235 | (7) The department shall charge each applicant a $35 fee |
236 | for the education and examination program. Such fees shall be |
237 | deposited in the Professional Regulation Crew Chief Registration |
238 | Trust Fund. |
239 | Section 12. Subsections (1) and (2) of section 450.31, |
240 | Florida Statutes, are amended, and subsections (5) and (6) are |
241 | added to said section, to read: |
242 | 450.31 Issuance, revocation, and suspension of, and |
243 | refusal to issue or renew, certificate of registration.-- |
244 | (1) The department shall not issue to any person a |
245 | certificate of registration as a farm labor contractor, nor |
246 | shall it renew such certificate, until: |
247 | (a) Such person has executed a written application |
248 | therefor in a form and pursuant to regulations prescribed by the |
249 | department and has submitted such information as the department |
250 | may prescribe. |
251 | (b) Such person has obtained and holds a valid federal |
252 | certificate of registration as a farm labor contractor, or a |
253 | farm labor contractor employee, unless exempt by federal law. |
254 | (c) Such person pays to the department, by cashier's check |
255 | in cash, certified check, or money order, a nonrefundable |
256 | application fee of $125 $75. Fees collected by the department |
257 | under this subsection shall be deposited in the State Treasury |
258 | into the Professional Regulation Crew Chief Registration Trust |
259 | Fund, which is hereby created, and shall be used utilized for |
260 | administration of this part. |
261 | (d) Such person has successfully taken and passed the farm |
262 | labor contractor examination. |
263 | (e) Such person has designated an agent to receive service |
264 | of process and other official or legal documents. The agent must |
265 | be available during regular business hours, Monday through |
266 | Friday, to accept service on behalf of the farm labor |
267 | contractor. |
268 | (2) The department may revoke, suspend, or refuse to issue |
269 | or renew any certificate of registration when it is shown that |
270 | the farm labor contractor has: |
271 | (a) Violated or failed to comply with any provision of |
272 | this part or the rules adopted pursuant to this part; s. 450.36. |
273 | (b) Made any misrepresentation or false statement in his |
274 | or her application for a certificate of registration;. |
275 | (c) Given false or misleading information concerning |
276 | terms, conditions, or existence of employment to persons who are |
277 | recruited or hired to work on a farm;. |
278 | (d) Been assessed a civil fine by the department for which |
279 | payment is overdue; |
280 | (e) Failed to pay unemployment compensation taxes as |
281 | determined by the Agency for Workforce Innovation; |
282 | (f) Been denied, or had suspended or revoked, a federal |
283 | certificate of registration as a farm labor contractor; or |
284 | (g) Failed to pay federal employee taxes as determined by |
285 | the Internal Revenue Service. |
286 | (5) The department may permanently revoke or refuse to |
287 | issue or renew a certificate of registration if such applicant |
288 | or certificate holder has been convicted within the preceding 5 |
289 | years of: |
290 | (a) A crime under state or federal law: |
291 | 1. Relating to gambling, or to the sale, distribution, or |
292 | possession of alcoholic beverages. |
293 | 2. Committed in connection with, or incident to, any farm |
294 | labor contracting activities; or |
295 | (b) Any felony under state or federal law involving |
296 | robbery, bribery, extortion, embezzlement, grand larceny, |
297 | burglary, arson, violation of narcotics laws, murder, rape, |
298 | assault with intent to kill, assault that inflicts grievous |
299 | bodily injury, prostitution, peonage, or smuggling or harboring |
300 | individuals who have entered the country illegally. |
301 | (6) Receipt and acceptance of a certificate of |
302 | registration as a farm labor contractor constitutes |
303 | unconditional permission for and acquiescence by the contractor |
304 | to the inspection by department personnel of books, ledgers, and |
305 | all other documents that are related to the performance of the |
306 | contractor's farm labor activities. |
307 | Section 13. Section 450.321, Florida Statutes, is created |
308 | to read: |
309 | 450.321 Best practices incentive program for farm labor |
310 | contractors.-- |
311 | (1) To promote compliance with this part, and to help the |
312 | public identify farm labor contractors who have demonstrated a |
313 | firm commitment to responsible and safe labor practices, the |
314 | department shall develop and implement a best practices |
315 | incentive program for farm labor contractors. |
316 | (2) Farm labor contractors who seek designation as a best |
317 | practices farm labor contractor must meet the requirements set |
318 | by the department. A farm labor contractor may not transfer or |
319 | use without authorization a designation as a best practices farm |
320 | labor contractor. |
321 | (3) The department may enter into a partnership agreement |
322 | with a farm labor contractor that states the responsibilities of |
323 | each party to the agreement regarding the requirements to |
324 | receive and maintain a best practices designation. Recipients of |
325 | a designation as a best practices farm labor contractor may use |
326 | this designation when soliciting business as long as the |
327 | designation is in effect. |
328 | (4) A designation as a best practices farm labor |
329 | contractor may be revoked when the department determines that |
330 | the recipient has failed to comply with a requirement |
331 | established pursuant to subsection (2). When a designation is |
332 | revoked, the prior recipient shall cease all use of the best |
333 | practices farm labor contractor designation when soliciting |
334 | business. |
335 | (5) The grant of a designation as a best practices farm |
336 | labor contractor is not an endorsement of the recipient by the |
337 | department and may not be characterized as such. |
338 | (6) The department may not be held liable in a civil |
339 | action for damages resulting from the granting, denying, |
340 | suspending, or revoking of a designation as a best practices |
341 | farm labor contractor. |
342 | (7) The department shall establish an incentive program |
343 | for farm labor contractors who hold a valid best practices |
344 | designation. |
345 | Section 14. Subsection (10) of section 450.33, Florida |
346 | Statutes, is amended, and subsection (11) is added to said |
347 | section, to read: |
348 | 450.33 Duties of farm labor contractor.--Every farm labor |
349 | contractor must: |
350 | (10) Comply with all applicable statutes, rules, and |
351 | regulations of the United States and of the State of Florida for |
352 | the protection or benefit of labor, including, but not limited |
353 | to, those providing for wages, hours, fair labor standards, |
354 | social security, workers' compensation, unemployment |
355 | compensation, child labor, and transportation. The department |
356 | shall not suspend or revoke a certificate of registration |
357 | pursuant to this subsection unless: |
358 | (a) A court or agency of competent jurisdiction renders a |
359 | judgment or other final decision that a violation of one of the |
360 | laws, rules, or regulations has occurred and, if invoked, the |
361 | appellate process is exhausted; |
362 | (b) An administrative hearing pursuant to ss. 120.569 and |
363 | 120.57 is held on the suspension or revocation and the |
364 | administrative law judge finds that a violation of one of the |
365 | laws, rules, or regulations has occurred and, if invoked, the |
366 | appellate process is exhausted; or |
367 | (c) The holder of a certificate of registration stipulates |
368 | that a violation has occurred or defaults in the administrative |
369 | proceedings brought to suspend or revoke his or her |
370 | registration. |
371 | (11) Maintain accurate daily field records for each |
372 | employee actually paid by the farm labor contractor reflecting |
373 | the hours worked for the farm labor contractor and, if paid by |
374 | unit, the number of units harvested and the amount paid per |
375 | unit. |
376 | Section 15. Subsections (4) and (5) are added to section |
377 | 450.34, Florida Statutes, to read: |
378 | 450.34 Prohibited acts of farm labor contractor.--A |
379 | licensee may not: |
380 | (4) Retaliate against any person that has filed a |
381 | complaint or aided an investigation pursuant to this part. |
382 | (5) Contract with or employ any person acting in the |
383 | capacity of a farm labor contractor, or performing activities |
384 | defined in s. 450.28(1), when that person does not have a |
385 | current certificate of registration issued by the department |
386 | pursuant to the requirements of this part. |
387 | Section 16. Section 450.35, Florida Statutes, is amended |
388 | to read: |
389 | 450.35 Certain contracts or employment prohibited.--It is |
390 | unlawful for any person to contract with or employ for the |
391 | employment of farm workers with any farm labor contractor as |
392 | defined in this act, for matters relating to farm labor, until |
393 | the labor contractor displays to him or her a current |
394 | certificate of registration issued by the department pursuant to |
395 | the requirements of this part. A violation of this section is |
396 | subject to the penalties provided for violations in s. |
397 | 450.38(1). |
398 | Section 17. Section 450.37, Florida Statutes, is amended |
399 | to read: |
400 | 450.37 Cooperation with state and federal agencies.--The |
401 | department shall, whenever appropriate, cooperate with any |
402 | federal agency. The department may cooperate with and enter into |
403 | agreements with any other state agency to administer this |
404 | chapter or secure uniform rules. |
405 | Section 18. Section 450.38, Florida Statutes, is amended |
406 | to read: |
407 | 450.38 Enforcement of farm labor contractor laws.-- |
408 | (1) Any person, firm, association, or corporation not |
409 | excluded under s. 450.29 that commits a minor violation who |
410 | violates any provision of this part commits a misdemeanor of the |
411 | second degree, punishable as provided in s. 775.082 or s. |
412 | 775.083. |
413 | (2) Any person, firm, association, or corporation that |
414 | commits a major violation of this part commits a felony of the |
415 | third degree, punishable as provided in s. 775.082, s. 775.083, |
416 | or s. 775.084. |
417 | (3)(2) Any person, firm, association, or corporation that |
418 | who, on or after June 19, 1985, commits a violation of this part |
419 | or of any rule adopted thereunder may be assessed a civil |
420 | penalty of not more than $2,500 $1,000 for each such violation. |
421 | Such assessed penalties shall be paid by cashier's check in |
422 | cash, certified check, or money order and shall be deposited |
423 | into the General Revenue Fund. The department shall not |
424 | institute or maintain any administrative proceeding to assess a |
425 | civil penalty under this subsection when the violation is the |
426 | subject of a criminal indictment or information under this |
427 | section which results in a criminal penalty being imposed, or of |
428 | a criminal, civil, or administrative proceeding by the United |
429 | States government or an agency thereof which results in a |
430 | criminal or civil penalty being imposed. The department may |
431 | adopt rules prescribing the criteria to be used to determine the |
432 | amount of the civil penalty and to provide notification to |
433 | persons assessed a civil penalty under this section. |
434 | (4)(3) Upon a complaint of the department being filed in |
435 | the circuit court of the county in which the farm labor |
436 | contractor resides or may be doing business, any farm labor |
437 | contractor who fails to obtain a certificate of registration as |
438 | required by this part may, in addition to such penalties, be |
439 | enjoined from engaging in any activity which requires the farm |
440 | labor contractor to possess a certificate of registration. |
441 | (5)(4) For the purpose of any investigation or proceeding |
442 | conducted by the department, the secretary of the department or |
443 | the secretary's designee shall have the power to administer |
444 | oaths, take depositions, make inspections when authorized by |
445 | statute, issue subpoenas which shall be supported by affidavit, |
446 | serve subpoenas and other process, and compel the attendance of |
447 | witnesses and the production of books, papers, documents, and |
448 | other evidence. The secretary of the department or the |
449 | secretary's designee shall exercise this power on the |
450 | secretary's own initiative. |
451 | (6) A farm labor contractor who commits a minor violation |
452 | of this part shall be issued a warning for the first violation. |
453 | A civil penalty in increments of $250 may be assessed for each |
454 | successive violation of a specific statute or rule of this part |
455 | up to a maximum of $2,500. |
456 | (7) A farm labor contractor who commits a major violation |
457 | of a specific statute or rule of this part shall be assessed a |
458 | civil penalty of up to $2,500 in accordance with the criteria |
459 | established by the department pursuant to s. 450.38. |
460 | Section 19. Section 450.39, Florida Statutes, is created |
461 | to read: |
462 | 450.39 Prohibition against required purchase; prohibition |
463 | against excessive charges.-- |
464 | (1) A farm labor contractor may not require any farmworker |
465 | to purchase goods or services solely from such farm labor |
466 | contractor or from a person acting as an agent for such farm |
467 | labor contractor. |
468 | (2) A farm labor contractor may not charge a farmworker |
469 | more than a reasonable cost for any commodity, including |
470 | housing, food, water, or other consumables, in accordance with |
471 | Title 29 C.F.R. s. 531.3. As used in this subsection, the term |
472 | "reasonable cost" does not include a profit to the farm labor |
473 | contractor or to any other person acting as an agent for the |
474 | farm labor contractor. |
475 | Section 20. Section 487.011, Florida Statutes, is amended |
476 | to read: |
477 | 487.011 Popular name Short title; administration.--This |
478 | part shall chapter may be known by the popular name cited as the |
479 | "Florida Pesticide Law" and shall be administered by the |
480 | Department of Agriculture and Consumer Services. |
481 | Section 21. Section 487.012, Florida Statutes, is amended |
482 | to read: |
483 | 487.012 Declaration of purpose.--The purpose of this part |
484 | chapter is to regulate the distribution, sale, and use of |
485 | pesticides, except as provided in chapters 388 and 482, and to |
486 | protect people and the environment from the adverse effects of |
487 | pesticides. |
488 | Section 22. Section 487.021, Florida Statutes, is amended |
489 | to read: |
490 | 487.021 Definitions.--For the purpose of this part |
491 | chapter: |
492 | (1) "Acceptable release rate" means a measured release |
493 | rate not exceeding 4.0 micrograms per square centimeter per day |
494 | at steady state conditions as determined in accordance with a |
495 | United States Environmental Protection Agency testing data call- |
496 | in notice of July 29, 1986, on tributyltin in antifouling paints |
497 | under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 |
498 | U.S.C. s. 136, or at a rate established by the department. |
499 | (2) "Active ingredient" means: |
500 | (a) In the case of a pesticide other than a plant |
501 | regulator, defoliant, or desiccant, an ingredient which will |
502 | prevent, destroy, repel, or mitigate insects, nematodes, fungi, |
503 | rodents, weeds, or other pests. |
504 | (b) In the case of a plant regulator, an ingredient which, |
505 | through physiological action, will accelerate or retard the rate |
506 | of growth or rate of maturation, or otherwise alter the |
507 | behavior, of ornamental or crop plants or the produce thereof. |
508 | (c) In the case of a defoliant, an ingredient which will |
509 | cause the leaves or foliage to drop from a plant. |
510 | (d) In the case of a desiccant, an ingredient which will |
511 | artificially accelerate the drying of plant tissue. |
512 | (3) "Added ingredient" means any plant nutrient or plant |
513 | regulator added to the mixture which is not an active pesticidal |
514 | ingredient, but which the manufacturer wishes to show on the |
515 | label. |
516 | (4) "Adulterated" applies to any pesticide if its strength |
517 | or purity falls below or is in excess of the professed standard |
518 | of quality as expressed on labeling or under which it is sold, |
519 | if any substance has been substituted wholly or in part for the |
520 | pesticide or if any valuable constituent of the pesticide has |
521 | been wholly or in part abstracted. |
522 | (5) "Advertisement" means all representations disseminated |
523 | in any manner or by any means other than by labeling, for the |
524 | purpose of inducing, or which are likely to induce, directly or |
525 | indirectly, the purchase of pesticides. |
526 | (6) "Age of majority" means any natural person 18 years of |
527 | age or older, or an emancipated minor. |
528 | (7) "Aircraft" means any machine designed for flight and |
529 | for use in applying pesticides. |
530 | (8) "Animal" means all vertebrate and invertebrate |
531 | species, including, but not limited to, humans and other |
532 | mammals, birds, fish, and shellfish. |
533 | (9) "Antidote" means the most practical immediate |
534 | treatment for poisoning and includes first aid treatment. |
535 | (10) "Antifouling paint" means a coating, paint, or |
536 | treatment that is intended for use as a pesticide, as defined in |
537 | this section, to control freshwater or marine fouling organisms. |
538 | (11) "Antisiphon device" means a safety device used to |
539 | prevent the backflow of a mixture of water and chemicals into |
540 | the water supply. |
541 | (12) "Batch" or "lot" means a quantity of pesticide |
542 | produced or packaged and readily identified by numbers, letters, |
543 | or other symbols. |
544 | (13) "Brand" means the name, number, trademark, or any |
545 | other designation which distinguishes one pesticide product from |
546 | another. |
547 | (14) "Certification" means the recognition by the |
548 | department that an individual is a competent pesticide |
549 | applicator and, thus, is eligible for licensure in one or more |
550 | of the designated license types and categories. |
551 | (15) "Certified applicator" means any individual who has |
552 | been recognized by the department as a competent pesticide |
553 | applicator and, thus, is eligible to apply for licensure in one |
554 | or more of the designated license types and categories. |
555 | (16) "Commercial applicator" means an individual who has |
556 | reached the age of majority and is licensed by the department to |
557 | use or supervise the use of any restricted-use pesticide for any |
558 | purpose on any property other than as provided by the |
559 | definitions of "private applicator," "product specific |
560 | applicator," or "public applicator," whether or not the |
561 | individual is a private applicator with respect to some uses. |
562 | (17) "Dealer" means any person, other than the |
563 | manufacturer or distributor, who offers for sale, sells, |
564 | barters, or otherwise supplies pesticides to the ultimate user |
565 | or consumer. |
566 | (18) "Deficiency" means the amount of an active ingredient |
567 | of a pesticide by which it fails to come up to its guaranteed |
568 | analysis when analyzed. |
569 | (19) "Defoliant" means any substance or mixture of |
570 | substances intended for causing the leaves or foliage to drop |
571 | from a plant, with or without causing abscission. |
572 | (20) "Department" means the Department of Agriculture and |
573 | Consumer Services or its authorized representative. |
574 | (21) "Desiccant" means any substance or mixture of |
575 | substances intended for artificially accelerating the drying of |
576 | plant tissues. |
577 | (22) "Device" means any instrument or contrivance (other |
578 | than a firearm) which is intended for trapping, destroying, |
579 | repelling, or mitigating, any pest or other form of plant or |
580 | animal life (other than human and other than bacteria, virus, or |
581 | other microorganism on or in living humans or other living |
582 | animals); but not including equipment used for the application |
583 | of pesticides when sold separately. |
584 | (23) "Distribute" means to offer for sale, hold for sale, |
585 | sell, barter, or supply pesticides in this state. |
586 | (24) "Distributor" means any person who offers for sale, |
587 | holds for sale, sells, barters, or supplies pesticides in this |
588 | state. |
589 | (25) "Emergency exemption" means an exemption as |
590 | authorized in s. 18 of the Federal Insecticide, Fungicide, and |
591 | Rodenticide Act. |
592 | (26) "Environment" means all water, air, land, plants, and |
593 | animals, and their relationships with one another. |
594 | (27) "Equipment" means any type of ground, aquatic, or |
595 | aerial device used to apply any pesticide on land, and on |
596 | anything that may be growing, habituating, or stored on or in |
597 | the land. Equipment does not include any pressurized hand-size |
598 | household device used to apply any pesticide, or any other |
599 | device where the person applying the pesticide is the source of |
600 | power for applying the pesticide. |
601 | (28) "Excess" means the amount of an active ingredient of |
602 | a pesticide found by analysis to be over the guaranteed amount. |
603 | (29) "Experimental use permit" means a permit issued by |
604 | the department or by the United States Environmental Protection |
605 | Agency as authorized in s. 5 of the Federal Insecticide, |
606 | Fungicide, and Rodenticide Act. |
607 | (30) "Fungi" means all non-chlorophyll-bearing |
608 | thallophytes (that is, all non-chlorophyll-bearing plants of a |
609 | lower order than mosses and liverworts), as, for example, rusts, |
610 | smuts, mildews, molds, yeasts, and bacteria, except those on or |
611 | in living humans or other animals. |
612 | (31) "Highly toxic" means any highly poisonous pesticide |
613 | as determined by the rules promulgated pursuant to this part |
614 | chapter. |
615 | (32) "Imminent hazard" means a situation which exists when |
616 | the continued use of a pesticide during the time required for |
617 | cancellation proceedings would be likely to result in |
618 | unreasonable adverse effects on the environment or will involve |
619 | unreasonable hazard to the survival of a species declared |
620 | endangered. |
621 | (33) "Ineffective" means that pesticides such as |
622 | bacteriostats, disinfectants, germicides, sanitizers, and like |
623 | products fail to meet microbiological claims when tested in the |
624 | laboratory utilizing the officially approved procedures of the |
625 | Association of Official Analytical Chemists or other methods or |
626 | procedures as the department may find necessary. |
627 | (34) "Inert ingredient" means an ingredient which is not |
628 | an active ingredient. |
629 | (35) "Ingredient statement" means a statement of the name |
630 | and percentage by weight of each active ingredient, together |
631 | with the total percentage of the inert ingredients in the |
632 | pesticides. |
633 | (36) "Insect" means any of the numerous small invertebrate |
634 | animals generally having the body more or less obviously |
635 | segmented, for the most part belonging to the class Insecta, |
636 | comprising six legs, usually in winged form (as, for example, |
637 | beetles, bugs, bees, and flies) and to other allied classes and |
638 | arthropods whose members are wingless and usually have more than |
639 | six legs (as, for example, spiders, mites, ticks, centipedes, |
640 | and wood lice). |
641 | (37) "Irrigation system" means any device or combination |
642 | of devices having a hose, pipe, or other conduit which connects |
643 | directly to any source of ground or surface water, through which |
644 | device or combination of devices water or a mixture of water and |
645 | chemicals is drawn and applied for agricultural purposes. The |
646 | term does not include any handheld hose sprayer or other similar |
647 | device which is constructed so that an interruption in water |
648 | flow automatically prevents any backflow to the water source. |
649 | (38) "Label" means the written, printed, or graphic matter |
650 | on or attached to a pesticide, device, or immediate and outside |
651 | container or wrappers of such pesticide or device. |
652 | (39) "Labeling" means all labels and other written, |
653 | printed, or graphic matter referencing the pesticide or device |
654 | or upon any of its containers or wrappers, or accompanying the |
655 | pesticide or device at any time, but does not include accurate, |
656 | nonmisleading reference to current official publications of the |
657 | United States Departments of Agriculture or Interior, the |
658 | Environmental Protection Agency, the United States Public Health |
659 | Service, state experiment stations, state agricultural colleges, |
660 | or other similar federal institutions or official agencies of |
661 | this state or other states authorized by law to conduct research |
662 | in the field of pesticides. |
663 | (40) "Land" means all land and water areas, including |
664 | airspace. |
665 | (41) "Licensed applicator" means an individual who has |
666 | reached the age of majority and is authorized by license from |
667 | the department to use or supervise the use of any restricted-use |
668 | pesticide covered by the license. |
669 | (42) "Manufacturer" means a person engaged in the business |
670 | of importing, producing, preparing, mixing, formulating, or |
671 | reformulating pesticides for the purpose of distribution. |
672 | (43) "Mixer-loader" means any individual who handles open |
673 | containers or otherwise prepares, processes, or dilutes |
674 | pesticides in preparation for final application. |
675 | (44) "Nematode" means invertebrate animals of the phylum |
676 | Nemathelminthes and class Nematoda (that is, unsegmented round |
677 | worms with elongated, fusiform, or saclike bodies covered with |
678 | cuticle and inhabiting soil, water, plants, or plant parts), and |
679 | may also be known as nemas or eelworms. |
680 | (45) "Official sample" means any sample of a pesticide |
681 | taken by the department in accordance with the provisions of |
682 | this part chapter or rules adopted under this part chapter, and |
683 | designated as official by the department. |
684 | (46) "Organotin compound" means any compound of tin used |
685 | as a biocide in an antifouling paint. |
686 | (47) "Percent" means one one-hundredth part by weight or |
687 | volume. |
688 | (48) "Pest" means: |
689 | (a) Any insect, rodent, nematode, fungus, weed; or |
690 | (b) Any other form of terrestrial or aquatic plant or |
691 | animal life or virus, bacteria, or other microorganism, except |
692 | viruses, bacteria, or other microorganisms on or in living |
693 | humans or other living animals, which is declared to be a pest |
694 | by the administrator of the United States Environmental |
695 | Protection Agency or which may be declared to be a pest by the |
696 | department by rule. |
697 | (49) "Pesticide" means any substance or mixture of |
698 | substances intended for preventing, destroying, repelling, or |
699 | mitigating any insects, rodents, nematodes, fungi, weeds, or |
700 | other forms of plant or animal life or viruses, except viruses, |
701 | bacteria, or fungi on or in living humans or other animals, |
702 | which the department by rule declares to be a pest, and any |
703 | substance or mixture of substances intended for use as a plant |
704 | regulator, defoliant, or desiccant; however, the term |
705 | "pesticide" does not include any article that: |
706 | (a) Is a "new animal drug" within the meaning of s. 201(w) |
707 | of the Federal Food, Drug, and Cosmetic Act; |
708 | (b) Has been determined by the Secretary of the United |
709 | States Department of Health and Human Services not to be a new |
710 | animal drug by a regulation establishing conditions of use for |
711 | the article; or |
712 | (c) Is an animal feed within the meaning of s. 201(x) of |
713 | the Federal Food, Drug, and Cosmetic Act bearing or containing |
714 | an article covered in this subsection. |
715 | (50) "Plant nutrient" means any ingredient that furnishes |
716 | nourishment to the plant or promotes its growth in a normal |
717 | manner. |
718 | (51) "Plant regulator" means any substance or mixture of |
719 | substances intended, through physiological action, for |
720 | accelerating or retarding the rate of growth or maturation, or |
721 | for otherwise altering the behavior, of ornamental or crop |
722 | plants or the produce thereof; but does not include substances |
723 | intended as plant nutrients, trace elements, nutritional |
724 | chemicals, plant inoculants, or soil amendments. |
725 | (52) "Private applicator" means an individual who has |
726 | reached the age of majority and is licensed by the department to |
727 | use or supervise the use of any restricted-use pesticide for |
728 | purposes of producing any agricultural commodity on property |
729 | owned or rented by his or her employer, or, if applied without |
730 | compensation other than the trading of personal services between |
731 | producers of agricultural commodities, on the property of |
732 | another person. |
733 | (53) "Product" means a unique pesticide and label as |
734 | distinguished by its individually assigned United States |
735 | Environmental Protection Agency registration number, special |
736 | local need registration number, or experimental use permit |
737 | number. |
738 | (54) "Protect health and the environment" means protection |
739 | against any unreasonable adverse effects on people or the |
740 | environment. |
741 | (55) "Public applicator" means an individual who has |
742 | reached the age of majority and is licensed by the department to |
743 | use or supervise the use of restricted-use pesticides as an |
744 | employee of a state agency, municipal corporation, or other |
745 | governmental agency. |
746 | (56) "Product specific applicator" means an individual who |
747 | has reached the age of majority and is licensed by the |
748 | department to use or supervise the use of a particular |
749 | restricted-use pesticide product that is identified on the |
750 | license by the United States Environmental Protection Agency |
751 | registration number, as well as any Florida special local need |
752 | registration number and any specific identifying information as |
753 | deemed appropriate for nonfederally registered products exempt |
754 | under s. 18 of the Federal Insecticide, Fungicide, and |
755 | Rodenticide Act, provided that the restricted-use pesticide |
756 | product is used for the purpose of producing agricultural |
757 | commodities on property owned or rented by the licensee or the |
758 | licensee's employer, or is applied on the property of another |
759 | person without compensation other than trading of personal |
760 | services between producers of agricultural commodities. |
761 | (57) "Registrant" means the person registering any |
762 | pesticide pursuant to the provisions of this part chapter. |
763 | (58) "Restricted-use pesticide" means a pesticide which, |
764 | when applied in accordance with its directions for use, |
765 | warnings, and cautions and for uses for which it is registered |
766 | or for one or more such uses, or in accordance with a widespread |
767 | and commonly recognized practice, may generally cause, without |
768 | additional regulatory restrictions, unreasonable adverse effects |
769 | on the environment, or injury to the applicator or other |
770 | persons, and which has been classified as a restricted-use |
771 | pesticide by the department or the administrator of the United |
772 | States Environmental Protection Agency. |
773 | (59) "Sell or sale" includes exchanges. |
774 | (60) "Special local need registration" means a state |
775 | registration issued by the department as authorized in s. 24(c) |
776 | of the Federal Insecticide, Fungicide, and Rodenticide Act. |
777 | (61) "Special review" is a process for reviewing selected |
778 | pesticides based upon information that the pesticides have been |
779 | found to present environmental or health concerns not considered |
780 | in the registration process or that data submitted in support of |
781 | registration are inadequate or outdated. |
782 | (62) "Tolerance" means the deviation from the guaranteed |
783 | analysis permitted by law. |
784 | (63) "Transportation of pesticides in bulk" means the |
785 | movement of a pesticide which is held in an individual container |
786 | in undivided quantities of greater than 55 U.S. gallons liquid |
787 | measure or 100 pounds net dry weight. |
788 | (64) "Under the direct supervision of a licensed |
789 | applicator" means, unless otherwise prescribed by its labeling, |
790 | a pesticide that must be applied by a competent person acting |
791 | under the instruction and control of a licensed applicator who |
792 | is available if and when needed, even though the licensed |
793 | applicator is not physically present when the pesticide is |
794 | applied. |
795 | (65) "Unreasonable adverse effects on the environment" |
796 | means any unreasonable risk to humans or the environment, taking |
797 | into account the economic, social, and environmental costs and |
798 | benefits of the use of any pesticide. |
799 | (66) "Vessel" means any type of watercraft or other |
800 | artificial contrivance used, or capable of being used, as a |
801 | means of transportation on water. |
802 | (67) "Weed" means any plant which grows where not wanted. |
803 | Section 23. Subsection (2) of section 487.025, Florida |
804 | Statutes, is amended to read: |
805 | 487.025 Misbranding.-- |
806 | (2) A pesticide is misbranded if: |
807 | (a) It is an imitation of, or is offered for sale under |
808 | the name of, another pesticide. |
809 | (b) Its labeling bears any reference to registration under |
810 | this part chapter. |
811 | (c) The labeling accompanying it does not contain |
812 | instructions for use which are necessary and, if complied with, |
813 | adequate for the protection of the public. |
814 | (d) The label does not contain a warning or caution |
815 | statement which may be necessary and, if complied with, adequate |
816 | to prevent injury to living humans and other vertebrate animals. |
817 | (e) The label does not bear an ingredient statement on |
818 | that part of the immediate container, and on the outside |
819 | container or wrapper, if there is one, through which the |
820 | ingredient statement on the immediate container cannot be |
821 | clearly read, of the retail package which is presented or |
822 | displayed under customary conditions of purchase. |
823 | (f) Any word, statement, or other information required by |
824 | or under authority of this part chapter to appear on the |
825 | labeling is not prominently placed thereon with such |
826 | conspicuousness, as compared with other words, statements, |
827 | designs, or graphic matter in the labeling, and in such terms as |
828 | to render it likely to be read and understood by the ordinary |
829 | individual under customary conditions of purchase and use. |
830 | (g) It is injurious to living humans or other vertebrate |
831 | animals or vegetation, except weeds, to which it is applied, or |
832 | to the person applying such pesticide as directed or in |
833 | accordance with commonly recognized practice. |
834 | (h) In the case of a plant regulator, defoliant, or |
835 | desiccant, when used as directed, it is injurious to living |
836 | humans or other vertebrate animals, or vegetation, to which it |
837 | is applied, or to the person applying such pesticide. However, |
838 | physical or physiological effects on plants or parts thereof |
839 | shall not be deemed to be injury when this is the purpose for |
840 | which the plant regulator, defoliant, or desiccant was applied |
841 | in accordance with the label claims and recommendations. |
842 | (i) Any ingredient which is present in amounts which are |
843 | not likely to be effective when used according to directions is |
844 | given undue prominence or conspicuousness, as compared with |
845 | ingredients which are present in effective amounts, in its |
846 | labeling. Such ingredient shall appear only in the ingredient |
847 | statement. |
848 | (j) It is found to be ineffective when tested in the |
849 | laboratory. |
850 | (k) It is found by the department to be of short measure. |
851 | Section 24. Subsections (2), (4), (5), and (13) of section |
852 | 487.031, Florida Statutes, are amended to read: |
853 | 487.031 Prohibited acts.--It is unlawful: |
854 | (2) To distribute, sell, or offer for sale within this |
855 | state any pesticide or product which has not been registered |
856 | pursuant to the provisions of this part chapter, except |
857 | pesticides distributed, sold, offered for sale, or used in |
858 | accordance with the provisions of federal or state restriction, |
859 | supervision, or cancellation orders or other existing stock |
860 | agreements. |
861 | (4) To detach, alter, deface, or destroy, in whole or in |
862 | part, any label or labeling provided for in this part chapter or |
863 | rules promulgated under this part chapter, or to add any |
864 | substance to, or take any substance from, any pesticide in a |
865 | manner that may defeat the purpose of this part chapter. |
866 | (5) For any person to use for his or her own advantage or |
867 | to reveal any information relative to formulas of products |
868 | acquired by authority of this part chapter, other than to: the |
869 | department, proper officials, or employees of the state; the |
870 | courts of this state in response to a subpoena; physicians, |
871 | pharmacists, and other qualified persons, in an emergency, for |
872 | use in the preparation of antidotes. The information relative to |
873 | formulas of products is confidential and exempt from the |
874 | provisions of s. 119.07(1). |
875 | (13) For any person to: |
876 | (a) Make a false or fraudulent claim through any medium, |
877 | misrepresenting the effect of materials or methods used; |
878 | (b) Make a pesticide recommendation or application not in |
879 | accordance with the label, except as provided in this section, |
880 | or not in accordance with recommendations of the United States |
881 | Environmental Protection Agency or not in accordance with the |
882 | specifications of a special local need registration; |
883 | (c) Operate faulty or unsafe equipment; |
884 | (d) Operate in a faulty, careless, or negligent manner; |
885 | (e) Apply any pesticide directly to, or in any manner |
886 | cause any pesticide to drift onto, any person or area not |
887 | intended to receive the pesticide; |
888 | (f) Fail to disclose to an agricultural crop grower, prior |
889 | to the time pesticides are applied to a crop, full information |
890 | regarding the possible harmful effects to human beings or |
891 | animals and the earliest safe time for workers or animals to |
892 | reenter the treated field; |
893 | (g) Refuse or, after notice, neglect to comply with the |
894 | provisions of this part chapter, the rules adopted under this |
895 | part chapter, or any lawful order of the department; |
896 | (h) Refuse or neglect to keep and maintain the records |
897 | required by this part chapter or to submit reports when and as |
898 | required; |
899 | (i) Make false or fraudulent records, invoices, or |
900 | reports; |
901 | (j) Use fraud or misrepresentation in making an |
902 | application for a license or license renewal; |
903 | (k) Refuse or neglect to comply with any limitations or |
904 | restrictions on or in a duly issued license; |
905 | (l) Aid or abet a licensed or unlicensed person to evade |
906 | the provisions of this part chapter, or combine or conspire with |
907 | a licensed or unlicensed person to evade the provisions of this |
908 | part chapter, or allow a license to be used by an unlicensed |
909 | person; |
910 | (m) Make false or misleading statements during or after an |
911 | inspection concerning any infestation or infection of pests |
912 | found on land; |
913 | (n) Make false or misleading statements, or fail to |
914 | report, pursuant to this part chapter, any suspected or known |
915 | damage to property or illness or injury to persons caused by the |
916 | application of pesticides; |
917 | (o) Impersonate any state, county, or city inspector or |
918 | official; |
919 | (p) Fail to maintain a current liability insurance policy |
920 | or surety bond as provided for in this part chapter; |
921 | (q) Fail to adequately train, as provided for in this part |
922 | chapter, unlicensed applicators or mixer-loaders applying |
923 | restricted-use pesticides under the direct supervision of a |
924 | licensed applicator; or |
925 | (r) Fail to provide authorized representatives of the |
926 | department with records required by this part chapter or with |
927 | free access for inspection and sampling of any pesticide, areas |
928 | treated with or impacted by these materials, and equipment used |
929 | in their application. |
930 | Section 25. Subsections (2), (3), and (8) of section |
931 | 487.041, Florida Statutes, are amended to read: |
932 | 487.041 Registration.-- |
933 | (2) For the purpose of defraying expenses of the |
934 | department in connection with carrying out the provisions of |
935 | this part chapter, each person shall pay an annual registration |
936 | fee of $250 for each registered pesticide. The annual |
937 | registration fee for each special local need label and |
938 | experimental use permit shall be $100. All registrations expire |
939 | on December 31 of each year. Nothing in this section shall be |
940 | construed as applying to distributors or retail dealers selling |
941 | pesticides when such pesticides are registered by another |
942 | person. |
943 | (3) The department shall adopt rules governing the |
944 | procedures for pesticide registration and for the review of data |
945 | submitted by an applicant for registration of a pesticide. The |
946 | department shall determine whether a pesticide should be |
947 | registered, registered with conditions, or tested under field |
948 | conditions in this state. The department shall determine that |
949 | all requests for pesticide registrations meet the requirements |
950 | of current state and federal law. The department, whenever it |
951 | deems it necessary in the administration of this part chapter, |
952 | may require the manufacturer or registrant to submit the |
953 | complete formula, quantities shipped into or manufactured in the |
954 | state for distribution and sale, evidence of the efficacy and |
955 | the safety of any pesticide, and other relevant data. The |
956 | department may review and evaluate a registered pesticide if new |
957 | information is made available which indicates that use of the |
958 | pesticide has caused an unreasonable adverse effect on public |
959 | health or the environment. Such review shall be conducted upon |
960 | the request of the secretary of the Department of Health in the |
961 | event of an unreasonable adverse effect on public health or the |
962 | secretary of the Department of Environmental Protection in the |
963 | event of an unreasonable adverse effect on the environment. Such |
964 | review may result in modifications, revocation, cancellation, or |
965 | suspension of a pesticide registration. The department, for |
966 | reasons of adulteration, misbranding, or other good cause, may |
967 | refuse or revoke the registration of any pesticide, after notice |
968 | to the applicant or registrant giving the reason for the |
969 | decision. The applicant may then request a hearing, pursuant to |
970 | chapter 120, on the intention of the department to refuse or |
971 | revoke registration, and, upon his or her failure to do so, the |
972 | refusal or revocation shall become final without further |
973 | procedure. In no event shall registration of a pesticide be |
974 | construed as a defense for the commission of any offense |
975 | prohibited under this part chapter. |
976 | (8) Nothing in this section affects the authority of the |
977 | department to administer the pesticide registration program |
978 | under this part chapter or the authority of the Commissioner of |
979 | Agriculture to approve the registration of a pesticide. |
980 | Section 26. Section 487.0435, Florida Statutes, is amended |
981 | to read: |
982 | 487.0435 License classification.--The department shall |
983 | issue certified applicator licenses in the following |
984 | classifications: certified public applicator; certified private |
985 | applicator; and certified commercial applicator. In addition, |
986 | separate classifications and subclassifications may be specified |
987 | by the department in rule as deemed necessary to carry out the |
988 | provisions of this part chapter. Each classification shall be |
989 | subject to requirements or testing procedures to be set forth by |
990 | rule of the department and shall be restricted to the activities |
991 | within the scope of the respective classification as established |
992 | in statute or by rule. In specifying classifications, the |
993 | department may consider, but is not limited to, the following: |
994 | (1) Whether the license sought is for commercial, public, |
995 | or private applicator status. |
996 | (2) The method of applying the restricted-use pesticide. |
997 | (3) The specific crops upon which restricted-use |
998 | pesticides are applied. |
999 | (4) The proximity of populated areas to the land upon |
1000 | which restricted-use pesticides are applied. |
1001 | (5) The acreage under the control of the licensee. |
1002 | (6) The pounds of technical restricted toxicant applied |
1003 | per acre per year by the licensee. |
1004 | Section 27. Section 487.045, Florida Statutes, is amended |
1005 | to read: |
1006 | 487.045 Fees.-- |
1007 | (1) The department shall establish applicable fees by |
1008 | rule. The fees shall not exceed $250 for commercial applicators |
1009 | or $100 for private applicators and public applicators, for |
1010 | initial licensing and for each subsequent license renewal. The |
1011 | fees shall be determined annually and shall represent department |
1012 | costs associated with enforcement of the provisions of this part |
1013 | chapter. |
1014 | (2) Fees collected under the provisions of this part |
1015 | chapter shall be deposited into the General Inspection Trust |
1016 | Fund and shall be used to defray expenses in the administration |
1017 | of this part chapter. |
1018 | Section 28. Subsection (2) of section 487.046, Florida |
1019 | Statutes, is amended to read: |
1020 | 487.046 Application; licensure.-- |
1021 | (2) If the department finds the applicant qualified in the |
1022 | classification for which the applicant has applied, and if the |
1023 | applicant applying for a license to engage in aerial application |
1024 | of pesticides has met all of the requirements of the Federal |
1025 | Aviation Agency and the Department of Transportation of this |
1026 | state to operate the equipment described in the application and |
1027 | has shown proof of liability insurance or posted a surety bond |
1028 | in an amount to be set forth by rule of the department, the |
1029 | department shall issue a certified applicator's license, limited |
1030 | to the classifications for which the applicant is qualified. The |
1031 | license shall expire as required by rules promulgated under this |
1032 | part chapter, unless it has been revoked or suspended by the |
1033 | department prior to expiration, for cause as provided in this |
1034 | part chapter. The license or authorization card issued by the |
1035 | department verifying licensure shall be kept on the person of |
1036 | the licensee while performing work as a licensed applicator. |
1037 | Section 29. Section 487.047, Florida Statutes, is amended |
1038 | to read: |
1039 | 487.047 Nonresident license; reciprocal agreement; |
1040 | authorized purchase.-- |
1041 | (1) The department may waive all or part of the |
1042 | examination requirements provided for in this part chapter on a |
1043 | reciprocal basis with any other state or agency, or an Indian |
1044 | tribe, that has substantially the same or better standards. |
1045 | (2) Any nonresident applying for a license under this part |
1046 | chapter to operate in the state shall file a Designation of |
1047 | Registered Agent naming the Secretary of State as the agent of |
1048 | the nonresident, upon whom process may be served in the event of |
1049 | any suit against the nonresident. The designation shall be |
1050 | prepared on a form provided by the department and shall render |
1051 | effective the jurisdiction of the courts of this state over the |
1052 | nonresident applicant. However, any nonresident who has a duly |
1053 | appointed registered agent upon whom process may be served as |
1054 | provided by law shall not be required to designate the Secretary |
1055 | of State as registered agent. The Secretary of State shall be |
1056 | allowed the registered-agent fees as provided by law for |
1057 | designating registered agents. The department shall be furnished |
1058 | with a copy of the designation of the Secretary of State or of a |
1059 | registered agent which is certified by the Secretary of State. |
1060 | The Secretary of State shall notify the department of any |
1061 | service of process it receives as registered agent for persons |
1062 | licensed under this part chapter. |
1063 | (3) Restricted-use pesticides may be purchased by any |
1064 | person who holds a valid applicator's license or who holds a |
1065 | valid purchase authorization card issued by the department or by |
1066 | a licensee under chapter 482 or chapter 388. A nonlicensed |
1067 | person may apply restricted-use pesticides under the direct |
1068 | supervision of a licensed applicator. An applicator's license |
1069 | shall be issued by the department on a form supplied by it in |
1070 | accordance with the requirements of this part chapter. |
1071 | Section 30. Subsection (1) of section 487.049, Florida |
1072 | Statutes, is amended to read: |
1073 | 487.049 Renewal; late fee; recertification.-- |
1074 | (1) The department shall require renewal of a certified |
1075 | applicator's license at 4-year intervals from the date of |
1076 | issuance. If the application for renewal of any license provided |
1077 | for in this part chapter is not filed on time, a late fee shall |
1078 | be assessed not to exceed $50. However, the penalty shall not |
1079 | apply if the renewal application is filed within 60 days after |
1080 | the renewal date, provided the applicant furnishes an affidavit |
1081 | certifying that he or she has not engaged in business subsequent |
1082 | to the expiration of the license for a period not exceeding 60 |
1083 | days. A license may be renewed without taking another |
1084 | examination unless the department determines that new knowledge |
1085 | related to the classification for which the applicant has |
1086 | applied makes a new examination necessary; however, the |
1087 | department may require the applicant to provide evidence of |
1088 | continued competency, as determined by rule. If the license is |
1089 | not renewed within 60 days after of the expiration date, then |
1090 | the licensee may again be required to take another examination, |
1091 | unless there is some unavoidable circumstance which results in |
1092 | the delay of the renewal of any license issued under this part |
1093 | chapter which was not under the applicant's control. |
1094 | Section 31. Paragraph (b) of subsection (1) and subsection |
1095 | (2) of section 487.051, Florida Statutes, are amended to read: |
1096 | 487.051 Administration; rules; procedure.-- |
1097 | (1) The department may by rule: |
1098 | (b) Establish procedures for the taking and handling of |
1099 | samples and establish tolerances and deficiencies where not |
1100 | specifically provided for in this part chapter; assess |
1101 | penalties; and prohibit the sale or use of pesticides or devices |
1102 | shown to be detrimental to human beings, the environment, or |
1103 | agriculture or to be otherwise of questionable value. |
1104 | (2) The department is authorized to adopt by rule the |
1105 | primary standards established by the United States Environmental |
1106 | Protection Agency with respect to pesticides. If the provisions |
1107 | of this part chapter are preempted in part by federal law, those |
1108 | provisions not preempted shall apply. This part chapter is |
1109 | intended as comprehensive and exclusive regulation of pesticides |
1110 | in this state. Except as provided in chapters 373, 376, 388, |
1111 | 403, and 482, or as otherwise provided by law, no agency, |
1112 | commission, department, county, municipality, or other political |
1113 | subdivision of the state may adopt laws, regulations, rules, or |
1114 | policies pertaining to pesticides, including their registration, |
1115 | packaging, labeling, distribution, sale, or use, except that |
1116 | local jurisdictions may adopt or enforce an ordinance pertaining |
1117 | to pesticides if that ordinance is in the area of occupational |
1118 | license taxes, building and zoning regulations, disposal or |
1119 | spillage of pesticides within a water well zone, or pesticide |
1120 | safety regulations relating to containment at the storage site. |
1121 | Section 32. Subsection (4) of section 487.0615, Florida |
1122 | Statutes, is amended to read: |
1123 | 487.0615 Pesticide Review Council.-- |
1124 | (4) The council is defined as a "substantially interested |
1125 | person" and has standing under chapter 120 in any proceeding |
1126 | conducted by the department relating to the registration of a |
1127 | pesticide under this part chapter. The standing of the council |
1128 | shall in no way prevent individual members of the council from |
1129 | exercising standing in these matters. |
1130 | Section 33. Section 487.071, Florida Statutes, is amended |
1131 | to read: |
1132 | 487.071 Enforcement, inspection, sampling, and analysis.-- |
1133 | (1) The department is authorized to enter upon any public |
1134 | or private premises or carrier where pesticides are known or |
1135 | thought to be distributed, sold, offered for sale, held, stored, |
1136 | or applied, during regular business hours in the performance of |
1137 | its duties relating to pesticides and records pertaining to |
1138 | pesticides. No person shall deny or refuse access to the |
1139 | department when it seeks to enter upon any public or private |
1140 | premises or carrier during business hours in performance of its |
1141 | duties under this part chapter. |
1142 | (2) The department is authorized and directed to sample, |
1143 | test, inspect, and make analyses of pesticides sold, offered for |
1144 | sale, distributed, or used within this state, at a time and |
1145 | place and to such an extent as it may deem necessary, to |
1146 | determine whether the pesticides or persons exercising control |
1147 | over the pesticides are in compliance with the provisions of |
1148 | this part chapter, the rules adopted under this part chapter, |
1149 | and the provisions of the pesticide label or labeling. |
1150 | (3) The official analysis shall be made from the official |
1151 | sample. A sealed and identified sample, herein called "official |
1152 | check sample" shall be kept until the analysis on the official |
1153 | sample is completed. However, the registrant may obtain upon |
1154 | request a portion of the official sample. Upon completion of the |
1155 | analysis of the official sample, a true copy of the certificate |
1156 | of analysis shall be mailed to the registrant of the pesticide |
1157 | from whom the official sample was taken and also to the dealer |
1158 | or agent, if any, and consumer, if known. If the official |
1159 | analysis conforms with the provisions of this part chapter, the |
1160 | official check sample may be destroyed. If the official analysis |
1161 | does not conform with the provisions of this part chapter, the |
1162 | rules adopted under this part chapter, and the provisions of the |
1163 | pesticide label or labeling, the official check sample shall be |
1164 | retained for a period of 90 days from the date of the |
1165 | certificate of analysis of the official sample. If within that |
1166 | time the registrant of the pesticide from whom the official |
1167 | sample was taken makes demand for analysis by a referee chemist, |
1168 | a portion of the official check sample sufficient for analysis |
1169 | shall be sent to a referee chemist who is mutually acceptable to |
1170 | the department and the registrant for analysis at the expense of |
1171 | the registrant. Upon completion of the analysis, the referee |
1172 | chemist shall forward to the department and to the registrant a |
1173 | certificate of analysis bearing a proper identification mark or |
1174 | number; and such certificate of analysis shall be verified by an |
1175 | affidavit of the person or laboratory making the analysis. If |
1176 | the certificate of analysis checks within 3 percent of the |
1177 | department's analysis on each active ingredient for which |
1178 | analysis was made, the mean average of the two analyses shall be |
1179 | accepted as final and binding on all concerned. However, if the |
1180 | referee's certificate of analysis shows a variation of greater |
1181 | than 3 percent from the department's analysis in any one or more |
1182 | of the active ingredients for which an analysis was made, upon |
1183 | demand of either the department or the registrant from whom the |
1184 | official sample was taken, a portion of the official check |
1185 | sample sufficient for analysis shall be submitted to a second |
1186 | referee chemist who is mutually acceptable to the department and |
1187 | the registrant, at the expense of the party or parties |
1188 | requesting the referee analysis. Upon completion of the |
1189 | analysis, the second referee chemist shall make a certificate |
1190 | and report as provided in this subsection for the first referee |
1191 | chemist. The mean average of the two analyses nearest in |
1192 | conformity shall be accepted as final and binding on all |
1193 | concerned. If no demand is made for an analysis by a second |
1194 | referee chemist, the department's certificate of analysis shall |
1195 | be accepted as final and binding on all concerned. |
1196 | (4) If a pesticide or device fails to comply with the |
1197 | provisions of this part chapter with reference to the ingredient |
1198 | statement reflecting the composition of the product, as required |
1199 | on the registration and labeling, and the department |
1200 | contemplates possible criminal proceedings against the person |
1201 | responsible because of this violation, the department shall, |
1202 | after due notice, accord the person an informal hearing or an |
1203 | opportunity to present evidence and opinions, either orally or |
1204 | in writing, with regard to such contemplated proceedings. If in |
1205 | the opinion of the department the facts warrant, the department |
1206 | may refer the facts to the state attorney for the county in |
1207 | which the violation occurred, with a copy of the results of the |
1208 | analysis or the examination of such article; provided that |
1209 | nothing in this part chapter shall be construed as requiring the |
1210 | department to report for prosecution minor violations whenever |
1211 | it believes that the public interest will be subserved by a |
1212 | suitable notice of warning in writing. |
1213 | (5) It shall be the duty of each state attorney to whom |
1214 | any such violation is reported to cause appropriate proceedings |
1215 | to be instituted and prosecuted in a court of competent |
1216 | jurisdiction without delay. |
1217 | (6) The department shall, by publication in such manner as |
1218 | it may prescribe, give notice of all judgments entered in |
1219 | actions instituted under the authority of this part chapter. |
1220 | (7)(a) The department may analyze pesticide samples upon |
1221 | request in a manner consistent with this part chapter. |
1222 | (b) The department shall establish by rule a fee schedule |
1223 | for pesticide samples analyzed upon request. The fees shall be |
1224 | sufficient to cover the costs to the department for taking the |
1225 | samples and performing the analysis. However, no fee shall |
1226 | exceed $400 per test. |
1227 | (c) The department shall keep separate records with |
1228 | respect to requested pesticide analyses, including the pesticide |
1229 | analyzed, tests performed, fees collected, the name and address |
1230 | of the person who requested the analysis, and the name and |
1231 | address of the registrant. |
1232 | (d) All fees collected pursuant to this subsection shall |
1233 | be deposited into the General Inspection Trust Fund and shall be |
1234 | used by the department to implement this subsection. |
1235 | (e) In addition to any other penalty provided by this part |
1236 | chapter, the registrant of any pesticide found to be |
1237 | adulterated, misbranded, or otherwise deficient shall reimburse |
1238 | the person requesting the pesticide analysis under this |
1239 | subsection for all fees assessed by and paid to the department. |
1240 | Section 34. Subsections (2), (3), and (4) of section |
1241 | 487.081, Florida Statutes, are amended to read: |
1242 | 487.081 Exemptions.-- |
1243 | (2) No article shall be deemed in violation of this part |
1244 | chapter when intended solely for export to a foreign country and |
1245 | when prepared or packed according to the specifications or |
1246 | directions of the purchaser. |
1247 | (3) Notwithstanding any other provision of this part |
1248 | chapter, registration required under this part chapter is not |
1249 | required in the case of a pesticide stored or shipped from one |
1250 | manufacturing plant within this state to another manufacturing |
1251 | plant within this state operated by the same person. |
1252 | (4) Nothing in this part chapter shall be construed to |
1253 | apply to persons duly licensed or certified under chapter 388 or |
1254 | chapter 482 performing any pest control or other operation for |
1255 | which they are licensed or certified under those chapters. |
1256 | Section 35. Subsection (2) of section 487.091, Florida |
1257 | Statutes, is amended to read: |
1258 | 487.091 Tolerances, deficiencies, and penalties.-- |
1259 | (2) If a pesticide is found by analysis to be deficient in |
1260 | an active ingredient beyond the tolerance as provided in this |
1261 | part chapter, the registrant is subject to a penalty for the |
1262 | deficiency, not to exceed $10,000 per violation. However, no |
1263 | penalty shall be assessed when the official sample was taken |
1264 | from a pesticide that was in the possession of a consumer for |
1265 | more than 45 days from the date of purchase by that consumer, or |
1266 | when the product label specifies that the product should be used |
1267 | by an expiration date that has passed. Procedures for assessing |
1268 | penalties shall be established by rule, based on the degree of |
1269 | the deficiency. Penalties assessed shall be paid to the consumer |
1270 | or, in the absence of a known consumer, the department. If the |
1271 | penalty is not paid within the prescribed period of time as |
1272 | established by rule, the department may deny, suspend, or revoke |
1273 | the registration of any pesticide. |
1274 | Section 36. Section 487.101, Florida Statutes, is amended |
1275 | to read: |
1276 | 487.101 Stop-sale, stop-use, removal, or hold orders.-- |
1277 | (1) When a pesticide or device is being offered or exposed |
1278 | for sale, used, or held in violation of any of the provisions of |
1279 | this part chapter, the department may issue and enforce a stop- |
1280 | sale, stop-use, removal, or hold order, in writing, to the owner |
1281 | or custodian of the pesticide or device, ordering that the |
1282 | pesticide or device be held at a designated place until the part |
1283 | chapter has been complied with and the pesticide or device is |
1284 | released, in writing, by the department or the violation has |
1285 | been disposed of by court order. |
1286 | (2) The written notice is warning to all persons, |
1287 | including, but not limited to, the owner or custodian of the |
1288 | pesticide or the owner's or custodian's agents or employees, to |
1289 | scrupulously refrain from moving, bothering, altering, or |
1290 | interfering with the pesticide or device or from altering, |
1291 | defacing, or in any way interfering with the written notice or |
1292 | permitting the same to be done. The willful violation of these |
1293 | provisions is a misdemeanor, subjecting the violator to the |
1294 | penalty provisions of this part chapter. |
1295 | (3) The department shall release the pesticide or device |
1296 | under a stop-sale, stop-use, removal, or hold order when the |
1297 | owner or custodian complies with the provisions of this part |
1298 | chapter. |
1299 | (4) The owner or custodian, with authorization and |
1300 | supervision of the department, may relabel the pesticide or |
1301 | device so that the label will conform to the product, or |
1302 | transfer and return the product to the manufacturer or supplier |
1303 | for the purpose of bringing the product in compliance with the |
1304 | provisions of this part chapter. |
1305 | Section 37. Subsection (1) of section 487.111, Florida |
1306 | Statutes, is amended to read: |
1307 | 487.111 Seizure, condemnation, and sale.-- |
1308 | (1) Any lot of pesticide or device not in compliance with |
1309 | the provisions of this part chapter is subject to seizure on |
1310 | complaint of the department to the circuit court in the county |
1311 | in which the pesticide or device is located. In the event the |
1312 | court finds the pesticide or device in violation of this part |
1313 | chapter and orders it condemned, it shall be disposed of as the |
1314 | court may direct; provided that in no instance shall the |
1315 | disposition of the pesticide or device be ordered by the court |
1316 | without first giving the owner or custodian an opportunity to |
1317 | apply to the court for release of the pesticide or device or for |
1318 | permission to process or relabel it to bring it into compliance |
1319 | with this part chapter. |
1320 | Section 38. Section 487.13, Florida Statutes, is amended |
1321 | to read: |
1322 | 487.13 Cooperation.--The department is authorized and |
1323 | empowered to cooperate with and enter into agreements with any |
1324 | other agency of this state, the United States Department of |
1325 | Agriculture, the United States Environmental Protection Agency, |
1326 | and any other state or federal agency for the purpose of |
1327 | carrying out the provisions of this part chapter and securing |
1328 | uniformity of regulations. |
1329 | Section 39. Section 487.156, Florida Statutes, is amended |
1330 | to read: |
1331 | 487.156 Governmental agencies.--All governmental agencies |
1332 | shall be subject to the provisions of this part chapter and |
1333 | rules adopted under this part chapter. Public applicators using |
1334 | or supervising the use of restricted-use pesticides shall be |
1335 | subject to examination as provided in s. 487.044. |
1336 | Section 40. Subsection (1) of section 487.159, Florida |
1337 | Statutes, is amended to read: |
1338 | 487.159 Damage or injury to property, animal, or person; |
1339 | mandatory report of damage or injury; time for filing; failure |
1340 | to file.-- |
1341 | (1) The person claiming damage or injury to property, |
1342 | animal, or human beings from application of a pesticide shall |
1343 | file with the department a written statement claiming damages, |
1344 | on a form prescribed by the department, within 48 hours after |
1345 | the damage or injury becomes apparent. The statement shall |
1346 | contain, but shall not be limited to, the name of the person |
1347 | responsible for the application of the pesticide, the name of |
1348 | the owner or lessee of the land on which the crop is grown and |
1349 | for which the damages are claimed, and the date on which it is |
1350 | alleged that the damages occurred. The department shall |
1351 | investigate the alleged damages and notify all concerned parties |
1352 | of its findings. If the findings reveal a violation of the |
1353 | provisions of this part chapter, the department shall determine |
1354 | an appropriate penalty, as provided in this part chapter. The |
1355 | filing of a statement or the failure to file such a statement |
1356 | need not be alleged in any complaint which might be filed in a |
1357 | court of law, and the failure to file the statement shall not be |
1358 | considered any bar to the maintenance of any criminal or civil |
1359 | action. |
1360 | Section 41. Section 487.161, Florida Statutes, is amended |
1361 | to read: |
1362 | 487.161 Exemptions, nonagricultural pest control and |
1363 | research.-- |
1364 | (1) Any person duly licensed or certified under chapter |
1365 | 482, or under the supervision of chapter 388, is exempted from |
1366 | the licensing provisions of this part chapter. |
1367 | (2) The use of the antibiotic oxytetracycline |
1368 | hydrochloride for the purpose of controlling lethal yellowing is |
1369 | exempted from the licensing provisions of this part chapter. |
1370 | (3) The personnel of governmental, university, or |
1371 | industrial research agencies are exempted from the provisions of |
1372 | this part chapter when doing applied research within a |
1373 | laboratory, but shall comply with all the provisions of this |
1374 | part chapter when applying restricted-use pesticides to |
1375 | experimental or demonstration plots. |
1376 | Section 42. Section 487.163, Florida Statutes, is amended |
1377 | to read: |
1378 | 487.163 Information; interagency cooperation.-- |
1379 | (1) The department may, in cooperation with the University |
1380 | of Florida or other agencies of government, publish information |
1381 | and conduct short courses of instruction in the safe use and |
1382 | application of pesticides for the purpose of carrying out the |
1383 | provisions of this part chapter. |
1384 | (2) The department may cooperate or enter into formal |
1385 | agreements with any other agency or educational institution of |
1386 | this state or its subdivisions or with any agency of any other |
1387 | state or of the Federal Government for the purpose of carrying |
1388 | out the provisions of this part chapter and of securing |
1389 | uniformity of regulations. |
1390 | Section 43. Subsections (1), (2), and (3) of section |
1391 | 487.171, Florida Statutes, are amended to read: |
1392 | 487.171 Classification of antifouling paint containing |
1393 | organotin compounds as restricted-use pesticides; prohibition of |
1394 | distribution and sale.-- |
1395 | (1) The department shall classify antifouling paints |
1396 | containing organotin compounds having an acceptable release rate |
1397 | as restricted-use pesticides subject to the requirements of this |
1398 | part chapter. Antifouling paints containing organotin having |
1399 | acceptable release rates and sold in spray cans of 16 ounces |
1400 | avoirdupois weight or less for outboard motor or lower unit use |
1401 | are exempt from the restricted-use pesticide classification |
1402 | requirement. |
1403 | (2) The department shall initiate action under chapter |
1404 | 120, to deny or cancel the registration of antifouling paints |
1405 | containing organotin compounds which do not have an acceptable |
1406 | release rate or do not meet other criteria established by the |
1407 | department in accordance with this part chapter. |
1408 | (3) Distribution, sale, and use of antifouling paints |
1409 | containing organotin compounds with acceptable release rates |
1410 | shall be limited to dealers and applicators licensed by the |
1411 | department in accordance with this part chapter, to distribute, |
1412 | sell, or use restricted-use pesticides. Such paint may be |
1413 | applied only by licensed applicators and may be applied only to |
1414 | vessels which exceed 25 meters in length or which have aluminum |
1415 | hulls. |
1416 | Section 44. Section 487.175, Florida Statutes, is amended |
1417 | to read: |
1418 | 487.175 Penalties; administrative fine; injunction.-- |
1419 | (1) In addition to any other penalty provided in this part |
1420 | chapter, when the department finds any person, applicant, or |
1421 | licensee has violated any provision of this part chapter or rule |
1422 | adopted under this part chapter, it may enter an order imposing |
1423 | any one or more of the following penalties: |
1424 | (a) Denial of an application for licensure. |
1425 | (b) Revocation or suspension of a license. |
1426 | (c) Issuance of a warning letter. |
1427 | (d) Placement of the licensee on probation for a specified |
1428 | period of time and subject to conditions the department may |
1429 | specify by rule, including requiring the licensee to attend |
1430 | continuing education courses, to demonstrate competency through |
1431 | a written or practical examination, or to work under the direct |
1432 | supervision of another licensee. |
1433 | (e) Imposition of an administrative fine not to exceed |
1434 | $10,000 for each violation. When imposing any fine under this |
1435 | paragraph, the department shall consider the degree and extent |
1436 | of harm caused by the violation, the cost of rectifying the |
1437 | damage, the amount of money the violator benefited from by |
1438 | noncompliance, whether the violation was committed willfully, |
1439 | and the compliance record of the violator. |
1440 | (2) Any person who violates any provision of this part |
1441 | chapter or rules adopted pursuant thereto commits a misdemeanor |
1442 | of the second degree and upon conviction is punishable as |
1443 | provided in s. ss. 775.082 or s. and 775.083. For a subsequent |
1444 | violation, such person commits a misdemeanor of the first degree |
1445 | and upon conviction is punishable as provided in s. ss. 775.082 |
1446 | or s. and 775.083. |
1447 | (3) In addition to the remedies provided in this part |
1448 | chapter and notwithstanding the existence of any adequate remedy |
1449 | at law, the department may bring an action to enjoin the |
1450 | violation or threatened violation of any provision of this part |
1451 | chapter, or rule adopted under this part chapter, in the circuit |
1452 | court of the county in which the violation occurred or is about |
1453 | to occur. Upon the department's presentation of competent and |
1454 | substantial evidence to the court of the violation or threatened |
1455 | violation, the court shall immediately issue the temporary or |
1456 | permanent injunction sought by the department. The injunction |
1457 | shall be issued without bond. A single act in violation of any |
1458 | provision of this part chapter shall be sufficient to authorize |
1459 | the issuance of an injunction. |
1460 | Section 45. Subsection (1) of section 482.242, Florida |
1461 | Statutes, is amended to read: |
1462 | 482.242 Preemption.-- |
1463 | (1) This chapter is intended as comprehensive and |
1464 | exclusive regulation of pest control in this state. The |
1465 | provisions of this chapter preempt to the state all regulation |
1466 | of the activities and operations of pest control services, |
1467 | including the pesticides used pursuant to labeling and |
1468 | registration approved under part I of chapter 487. No local |
1469 | government or political subdivision of the state may enact or |
1470 | enforce an ordinance that regulates pest control, except that |
1471 | the preemption in this section does not prohibit a local |
1472 | government or political subdivision from enacting an ordinance |
1473 | regarding any of the following: |
1474 | (a) Local occupational licenses adopted pursuant to |
1475 | chapter 205. |
1476 | (b) Land development regulations adopted pursuant to |
1477 | chapter 163 which include regulation of any aspect of |
1478 | development, including a subdivision, building construction, |
1479 | sign regulation or any other regulation concerning the |
1480 | development of land, or landscaping or tree protection |
1481 | ordinances which do not include pesticide application |
1482 | restrictions. |
1483 | (c) Regulations that: |
1484 | 1. Require, for multicomplex dwellings in excess of 10 |
1485 | units, annual termite inspections for termite activity or |
1486 | damage, including Formosan termites, which must be performed by |
1487 | a person licensed under this chapter. |
1488 | 2. Require pest control treatments of structures that have |
1489 | termite activity or damage which must be performed by a person |
1490 | licensed under this chapter. |
1491 | 3. Require property owners or other persons to obtain |
1492 | inspections or pest control treatments performed by a person |
1493 | licensed under this chapter. |
1494 |
|
1495 | An ordinance by a local government or political subdivision |
1496 | which requires an annual inspection or pest control treatment |
1497 | must conform to current law. |
1498 | (d) Protection of wellhead protection areas and high |
1499 | recharge areas. |
1500 | (e) Hazardous materials reporting as set forth in part II |
1501 | of chapter 252, storage, and containment including as relating |
1502 | to stormwater management. |
1503 | (f) Hazardous material unlawful discharge and disposal. |
1504 | (g) Hazardous materials remediation. |
1505 | Section 46. Section 487.2011, Florida Statutes, is created |
1506 | to read: |
1507 | 487.2011 Popular name; administration.--This part may be |
1508 | known by the popular name the "Florida Agricultural Worker |
1509 | Safety Act" and shall be administered by the Department of |
1510 | Agriculture and Consumer Services. |
1511 | Section 47. Section 487.2021, Florida Statutes, is created |
1512 | to read: |
1513 | 487.2021 Legislative intent.--It is the intent of the |
1514 | Legislature to ensure that agricultural workers employed in the |
1515 | state receive protection from agricultural pesticides. The |
1516 | Legislature intends to ensure that agricultural workers be given |
1517 | information concerning agricultural pesticides. |
1518 | Section 48. Section 487.2031, Florida Statutes, is created |
1519 | to read: |
1520 | 487.2031 Definitions.--For the purposes of this part, the |
1521 | term: |
1522 | (1) "Agricultural employer" means any person who hires or |
1523 | contracts for the services of workers to perform activities |
1524 | related to the production of agricultural plants or any person |
1525 | who is an owner of, or responsible for, the management or |
1526 | condition of an agricultural establishment that uses such |
1527 | workers. |
1528 | (2) "Agricultural establishment" means any farm, forest, |
1529 | nursery, or greenhouse. |
1530 | (3) "Agricultural plant" means any plant grown or |
1531 | maintained for commercial or research purposes and includes, but |
1532 | is not limited to, food, feed, fiber plants, trees, turfgrass, |
1533 | flowers, shrubs, ornamentals, and seedlings. |
1534 | (4) "Department" means the Department of Agriculture and |
1535 | Consumer Services. |
1536 | (5) "Designated representative" means any organization or |
1537 | person to whom a worker gives written authorization to exercise |
1538 | the right to request the agricultural pesticide information |
1539 | pursuant to this part. |
1540 | (6) "Fact sheet" means an agricultural pesticide fact |
1541 | sheet approved by the state or federal government that provides |
1542 | information about the impacts of the use of an agricultural |
1543 | pesticide. |
1544 | (7) "Material safety data sheet" means written or printed |
1545 | material concerning an agricultural pesticide that sets forth |
1546 | the following information: |
1547 | (a) The chemical name and the common name of the |
1548 | agricultural pesticide. |
1549 | (b) The hazards or other risks in the use of the |
1550 | agricultural pesticide, including: |
1551 | 1. The potential for fire, explosions, corrosivity, and |
1552 | reactivity. |
1553 | 2. The known acute health effects and chronic health |
1554 | effects of exposure to the agricultural pesticide, including |
1555 | those medical conditions that are generally recognized as being |
1556 | aggravated by exposure to the agricultural pesticide. |
1557 | 3. The primary routes of entry and symptoms of |
1558 | overexposure. |
1559 | (c) The proper handling practices, necessary personal |
1560 | protective equipment, and other proper or necessary safety |
1561 | precautions in circumstances that involve the use of or exposure |
1562 | to the agricultural pesticide, including appropriate emergency |
1563 | treatment in case of overexposure. |
1564 | (d) The emergency procedures for spills, fire, disposal, |
1565 | and first aid. |
1566 | (e) A description of the known specific potential health |
1567 | risks posed by the agricultural pesticide, which is written in |
1568 | lay terms and is intended to alert any person who reads the |
1569 | information. |
1570 | (f) The year and month, if available, that the information |
1571 | was compiled and the name, address, and emergency telephone |
1572 | number of the manufacturer responsible for preparing the |
1573 | information. |
1574 | (8) "Retaliatory action" means an action, such as |
1575 | dismissal, demotion, harassment, blacklisting with other |
1576 | employers, reducing pay or work hours, or taking away company |
1577 | housing, that is taken by any agricultural employer against a |
1578 | worker who exercises any right under the provisions of the |
1579 | United States Environmental Protection Agency Worker Protection |
1580 | Standard, 40 C.F.R. s. 1707(b), or this part. |
1581 | (9) "Trainer" means any person who is qualified to train |
1582 | workers under the pesticide safety training requirements of the |
1583 | United States Environmental Protection Agency Worker Protection |
1584 | Standard, 40 C.F.R. s. 170.130. |
1585 | (10) "Worker" means any person, including a farmworker or |
1586 | a self-employed person, who receives any type of compensation |
1587 | for employment that involves tasks relating to the production of |
1588 | agricultural plants on an agricultural establishment. The term |
1589 | "worker" does not include any person employed by a commercial |
1590 | pesticide handling establishment to perform tasks as a crop |
1591 | advisor. |
1592 | Section 49. Section 487.2041, Florida Statutes, is created |
1593 | to read: |
1594 | 487.2041 Enforcement of federal worker protection |
1595 | regulations.--The department shall, to the extent that resources |
1596 | are available, continue to operate under the United States |
1597 | Environmental Protection Agency regulations regarding the |
1598 | Labeling Requirement for Pesticides and Devices, 40 C.F.R. part |
1599 | 156, and the Worker Protection Standard, 40 C.F.R. part 170, |
1600 | which the department adopted by rule during the 1995-1996 fiscal |
1601 | year and published in the Florida Administrative Code. Any |
1602 | provision of this part not preempted by federal law shall |
1603 | continue to apply. |
1604 | Section 50. Section 487.2051, Florida Statutes, is created |
1605 | to read: |
1606 | 487.2051 Availability of agricultural pesticide |
1607 | information to workers and medical personnel.-- |
1608 | (1) An agricultural employer shall make available |
1609 | agricultural pesticide information concerning any agricultural |
1610 | pesticide to any worker: |
1611 | (a) Who enters an agricultural-pesticide-treated area on |
1612 | an agricultural establishment where: |
1613 | 1. An agricultural pesticide has been applied within 30 |
1614 | days of that entry; or |
1615 | 2. A restricted-entry interval has been in effect; or |
1616 | (b) Who may be exposed to the agricultural pesticide |
1617 | during normal conditions of use or in a foreseeable emergency. |
1618 | (2) The agricultural pesticide information provided |
1619 | pursuant to subsection (1) must be in the form of a fact sheet |
1620 | or a material safety data sheet. The agricultural employer shall |
1621 | provide a written copy of the information provided pursuant to |
1622 | subsection (1) within 2 working days after a request for the |
1623 | information by a worker or a designated representative. In the |
1624 | case of a pesticide-related medical emergency, the agricultural |
1625 | employer shall provide a written copy of the information |
1626 | promptly upon the request of the worker, the designated |
1627 | representative, or medical personnel treating the worker. |
1628 | (3) Upon the initial purchase of a product and with the |
1629 | first purchase after the material safety data sheet is updated, |
1630 | the distributor, manufacturer, or importer of agricultural |
1631 | pesticides shall obtain or develop and provide each direct |
1632 | purchaser of an agricultural pesticide with a material safety |
1633 | data sheet. If the material safety data sheet or fact sheet for |
1634 | the agricultural pesticide is not available when the |
1635 | agricultural pesticide is purchased, the agricultural employer |
1636 | shall take appropriate and timely steps to obtain the material |
1637 | safety data sheet or fact sheet from the distributor, the |
1638 | manufacturer, the department, a federal agency, or another |
1639 | distribution source. |
1640 | (4) The department shall produce and make available to a |
1641 | trainer a one-page general agricultural pesticide safety sheet. |
1642 | The safety sheet must be in a language understandable to the |
1643 | worker and must include, but need not be limited to, illustrated |
1644 | instructions on preventing agricultural pesticide exposure and |
1645 | toll-free telephone numbers to the Florida Poison Control |
1646 | Centers. The trainer shall provide the safety sheet to the |
1647 | worker pursuant to the United States Environmental Protection |
1648 | Agency Worker Protection Standard, 40 C.F.R. s. 170.130. |
1649 | Section 51. Section 487.2061, Florida Statutes, is created |
1650 | to read: |
1651 | 487.2061 Prohibited acts.--Any person covered by this part |
1652 | may not: |
1653 | (1) Fail to provide agricultural pesticide information as |
1654 | required in this part; or |
1655 | (2) Take retaliatory action. |
1656 | Section 52. Section 487.2071, Florida Statutes, is created |
1657 | to read: |
1658 | 487.2071 Penalties against violators; worker relief; |
1659 | monitoring complaints of retaliation.-- |
1660 | (1) Penalties set forth in this part shall be applied to |
1661 | any person who violates this part. A persons who violates this |
1662 | part is subject to federal penalties as provided in the United |
1663 | States Environmental Protection Agency Worker Protection |
1664 | Standard, 40 C.F.R. s. 170.9(b). |
1665 | (2) A worker who has been subject to retaliatory action |
1666 | and seeks relief under this section may file a complaint with |
1667 | the department. |
1668 | (3) In any action brought pursuant to this section that |
1669 | involves retaliatory action, if the retaliatory action is |
1670 | predicated on the disclosure by a worker of an illegal action, |
1671 | policy, or practice of any person covered by this part to an |
1672 | appropriate governmental agency, the worker may not be required |
1673 | to show that the disclosure was under oath or in writing or that |
1674 | the worker notified the employer in writing of the illegal |
1675 | action, policy, or practice. |
1676 | (4) The department shall monitor all complaints of |
1677 | retaliation that it receives and report its findings to the |
1678 | President of the Senate and the Speaker of the House of |
1679 | Representatives on or before October 1, 2008. The report shall |
1680 | include the number of such complaints received, the |
1681 | circumstances surrounding the complaints, and the actions taken |
1682 | concerning the complaints. |
1683 | Section 53. Paragraph (x) of subsection (1) of section |
1684 | 500.03, Florida Statutes, is amended to read: |
1685 | 500.03 Definitions; construction; applicability.-- |
1686 | (1) For the purpose of this chapter, the term: |
1687 | (x) "Pesticide chemical" means any substance which, alone, |
1688 | in chemical combination, or in formulation with one or more |
1689 | other substances is a "pesticide" within the meaning of the |
1690 | Florida Pesticide Law, part I of chapter 487, and which is used |
1691 | in the production, storage, or transportation of raw |
1692 | agricultural commodities. |
1693 | Section 54. Subsections (1) and (6) of section 570.44, |
1694 | Florida Statutes, are amended to read: |
1695 | 570.44 Division of Agricultural Environmental Services; |
1696 | powers and duties.--The duties of the Division of Agricultural |
1697 | Environmental Services include, but are not limited to: |
1698 | (1) Inspecting and drawing samples of: commercial feeds |
1699 | offered for sale in this state and enforcing those provisions of |
1700 | chapter 580 authorized by the department; seeds offered for sale |
1701 | in this state and enforcing those provisions of chapter 578 |
1702 | authorized by the department; certified seed grown in this |
1703 | state; fertilizers offered for sale in this state and enforcing |
1704 | those provisions of chapter 576 authorized by the department; |
1705 | and pesticides offered for sale in this state, and soil and |
1706 | water in this state for the presence of pesticides, and |
1707 | enforcing those provisions of part I of chapter 487 authorized |
1708 | by the department. |
1709 | (6) Analyzing samples of pesticide formulations offered |
1710 | for sale in this state and tank mix, soil, water, and other |
1711 | environmental samples related to pesticide use investigations, |
1712 | as required under part I of chapter 487. |
1713 | Section 55. Subsection (7) of section 440.16, Florida |
1714 | Statutes, is amended to read: |
1715 | 440.16 Compensation for death.-- |
1716 | (7) Compensation under this chapter to aliens not |
1717 | residents (or about to become nonresidents) of the United States |
1718 | or Canada shall be the same in amount as provided for residents, |
1719 | except that dependents in any foreign country shall be limited |
1720 | to surviving spouse and child or children, or if there be no |
1721 | surviving spouse or child or children, to surviving father or |
1722 | mother whom the employee has supported, either wholly or in |
1723 | part, for the period of 1 year prior to the date of the injury, |
1724 | and except that the judge of compensation claims may, at the |
1725 | option of the judge of compensation claims, or upon the |
1726 | application of the insurance carrier, commute all future |
1727 | installments of compensation to be paid to such aliens by paying |
1728 | or causing to be paid to them one-half of the commuted amount of |
1729 | such future installments of compensation as determined by the |
1730 | judge of compensation claims, and provided further that |
1731 | compensation to dependents referred to in this subsection shall |
1732 | in no case exceed $75,000. |
1733 | Section 56. The Division of Statutory Revision is |
1734 | requested to designate sections 487.011-487.175, Florida |
1735 | Statutes, as part I of chapter 487, entitled the "Florida |
1736 | Pesticide Law," and sections 487.2011-487.2071, Florida |
1737 | Statutes, as created by this act, as part II of that chapter, |
1738 | entitled the "Florida Agricultural Worker Safety Act." |
1739 | Section 57. This act shall take effect July 1, 2004. |
1740 |
|
1741 | ================= T I T L E A M E N D M E N T ================= |
1742 | Remove the entire title and insert: |
1743 | A bill to be entitled |
1744 | An act relating to agricultural and migrant labor; |
1745 | amending s. 381.008, F.S.; revising a definition; amending |
1746 | s. 381.0086, F.S.; requiring the Department of Health to |
1747 | adopt rules relating to residential migrant housing; |
1748 | providing guidelines for the filing of interstate |
1749 | clearance orders; amending s. 381.0087, F.S.; revising a |
1750 | provision relating to who may issue certain citations; |
1751 | requiring the department to provide notice of suspected |
1752 | violations; amending s. 403.088, F.S.; clarifying a |
1753 | provision relating to water pollution operation permits; |
1754 | amending s. 450.191, F.S.; authorizing and directing the |
1755 | Executive Office of the Governor to advise and consult on |
1756 | certain issues relating to migrant and seasonal workers; |
1757 | directing the office to coordinate enforcement of certain |
1758 | provisions with the Department of Business and |
1759 | Professional Regulation; including farm labor contractors |
1760 | in the enforcement of certain laws; authorizing and |
1761 | directing the office to cooperate with the Agency for |
1762 | Workforce Innovation in the recruitment and referral of |
1763 | migrant workers and certain other laborers; amending s. |
1764 | 450.201, F.S.; renaming the Legislative Commission on |
1765 | Migrant Labor as the Legislative Commission on Migrant and |
1766 | Seasonal Labor; providing a deadline for appointments to |
1767 | the commission; providing a deadline for the commission's |
1768 | first meeting; amending s. 450.231, F.S.; providing a |
1769 | deadline for certain reports; amending s. 450.27, F.S.; |
1770 | providing a popular name; amending s. 450.271, F.S.; |
1771 | authorizing the department to enter into certain |
1772 | agreements with the Secretary of Labor of the United |
1773 | States; amending s. 450.28, F.S.; providing definitions; |
1774 | amending s. 450.30, F.S.; revising requirements for |
1775 | retaking examinations for renewal of certificates of |
1776 | registration; requiring fees for certain programs to be |
1777 | deposited in the Professional Regulation Trust Fund; |
1778 | amending s. 450.31, F.S.; providing criteria for issuance |
1779 | or renewal of certificates of registration; authorizing |
1780 | payment for certificates of registration by cashier's |
1781 | check; increasing the application fee for such |
1782 | registration; requiring fees to be deposited in the |
1783 | Professional Regulation Trust Fund; providing criteria for |
1784 | revocation, suspension, or refusal to issue or renew |
1785 | certificates of registration; conforming a provision; |
1786 | providing criteria for permanent revocation or refusal to |
1787 | issue or renew certificates of registration; authorizing |
1788 | the department to inspect certain documents upon receipt |
1789 | and acceptance of a certificate of registration; creating |
1790 | s. 450.321, F.S.; creating the best practices incentive |
1791 | program for farm labor contractors; requiring farm labor |
1792 | contractors to meet certain requirements; restricting the |
1793 | transfer or unauthorized use of best practices |
1794 | designations; authorizing the department to enter into |
1795 | certain partnership agreements; authorizing the department |
1796 | to revoke certain designations; providing that certain |
1797 | designations are not department endorsements; limiting |
1798 | certain civil liability of the department; requiring the |
1799 | department to establish an incentive program; amending s. |
1800 | 450.33, F.S.; removing department requirements for the |
1801 | suspension or revocation of farm labor contractors' |
1802 | certificates of registration; requiring farm labor |
1803 | contractors to keep certain records; amending s. 450.34, |
1804 | F.S.; providing certain prohibited acts for farm labor |
1805 | contractors; amending s. 450.35, F.S.; prohibiting certain |
1806 | contracts or employment; providing penalties; amending s. |
1807 | 450.37, F.S.; authorizing the department to enter into |
1808 | agreements with other state agencies for certain purposes; |
1809 | amending s. 450.38, F.S.; providing civil and criminal |
1810 | penalties for minor and major violations; increasing |
1811 | certain civil penalties; authorizing payment of certain |
1812 | civil penalties by cashier's check; removing authorization |
1813 | to pay certain civil penalties by cash; increasing the |
1814 | scope of where a complaint may be filed; providing for a |
1815 | warning to contractors committing minor violations; |
1816 | providing civil penalties for contractors committing major |
1817 | violations; creating s. 450.39, F.S.; providing guidelines |
1818 | for the sale of certain commodities to farmworkers; |
1819 | providing a definition; amending s. 487.011, F.S.; |
1820 | providing a popular name; amending ss. 487.012, 487.021, |
1821 | 487.025, 487.031, 487.041, 487.0435, 487.045, 487.046, |
1822 | 487.047, 487.049, 487.051, 487.0615, 487.071, 487.081, |
1823 | 487.091, 487.101, 487.111, 487.13, 487.156, 487.159, |
1824 | 487.161, 487.163, 487.171, and 487.175, F.S.; revising |
1825 | references to make the "Florida Pesticide Law" part I of |
1826 | ch. 487, F.S.; amending s. 482.242, F.S.; clarifying a |
1827 | provision relating to the labeling and registration of |
1828 | approved pesticides; creating s. 487.2011, F.S., the |
1829 | "Florida Agricultural Worker Safety Act"; providing for |
1830 | administration by the Department of Agriculture and |
1831 | Consumer Services; creating s. 487.2021, F.S.; providing |
1832 | legislative intent; creating s. 487.2031, F.S.; providing |
1833 | definitions; creating s. 487.2041, F.S.; providing |
1834 | enforcement of federal worker protection regulations; |
1835 | creating s. 487.2051, F.S.; requiring agricultural |
1836 | employers to make certain pesticide information available; |
1837 | creating s. 487.2061, F.S.; prohibiting certain acts; |
1838 | creating s. 487.2071, F.S.; providing penalties; requiring |
1839 | monitoring and reporting of complaints; amending ss. |
1840 | 500.03 and 570.44, F.S.; clarifying provisions relating to |
1841 | the definition of the term "pesticide chemical" and duties |
1842 | of the Division of Agricultural Environmental Services, |
1843 | respectively; amending s. 440.16, F.S.; deleting a |
1844 | provision relating to compensation paid to dependents of |
1845 | aliens; directing the Division of Statutory Revision to |
1846 | designate parts I and II of ch. 487, F.S.; providing an |
1847 | effective date. |