Senate Bill sb2652

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2652

    By Senator Argenziano





    3-1286-04                                          See HB 1661

  1                      A bill to be entitled

  2         An act relating to worker safety with respect

  3         to agricultural pesticides; creating s.

  4         487.2011, F.S.; providing a popular name;

  5         providing for administration by the Department

  6         of Agriculture and Consumer Services; creating

  7         s. 487.2021, F.S.; declaring legislative

  8         intent; creating s. 487.2031, F.S.; defining

  9         terms; creating s. 487.2041, F.S.; providing

10         for enforcement of federal worker protection

11         regulations; creating s. 487.2051, F.S.;

12         requiring agricultural employers to make

13         agricultural pesticide information available to

14         workers and medical personnel; requiring

15         distributors, manufacturers, or importers of

16         agricultural pesticides to provide certain

17         information; requiring the Department of

18         Agriculture and Consumer Services to make

19         certain agricultural pesticide safety

20         information available; creating s. 487.2061,

21         F.S.; prohibiting agricultural employers from

22         failing to provide required information and

23         from taking retaliatory action against workers

24         for exercising their rights; creating s.

25         487.2071, F.S.; providing for application of

26         certain penalties; authorizing workers to seek

27         relief for certain retaliation; providing

28         procedures; requiring the department to monitor

29         retaliation complaints and submit a report to

30         the Legislature; amending ss. 487.011, 487.012,

31         487.021, 487.025, 487.031, 487.041, 487.0435,

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         487.045, 487.046, 487.047, 487.049, 487.051,

 2         487.0615, 487.071, 487.081, 487.091, 487.101,

 3         487.111, 487.13, 487.156, 487.159, 487.161,

 4         487.163, 487.171, and 487.175, F.S.; changing

 5         the term "chapter" to "part" to conform to the

 6         act; amending ss. 403.088, 482.242, 500.03, and

 7         570.44, F.S.; conforming references; providing

 8         a directive to the Division of Statutory

 9         Revision to designate ss. 487.011-487.175,

10         F.S., and ss. 487.2011-487.2071, F.S., as parts

11         I and II of ch. 487, F.S., respectively;

12         providing an effective date.

13  

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

15  

16         Section 1.  Section 487.2011, Florida Statutes, is

17  created to read:

18         487.2011  Part title; administration.--This part may be

19  popularly known as the "Florida Agricultural Worker Safety

20  Act" and shall be administered by the Department of

21  Agriculture and Consumer Services.

22         Section 2.  Section 487.2021, Florida Statutes, is

23  created to read:

24         487.2021  Legislative intent.--It is the intent of the

25  Legislature to ensure that agricultural workers employed in

26  the state receive protection from agricultural pesticides. The

27  Legislature intends to ensure that agricultural workers be

28  given information concerning agricultural pesticides.

29         Section 3.  Section 487.2031, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         487.2031  Definitions.--For purposes of this part, the

 2  term:

 3         (1)  "Agricultural employer" means any person who hires

 4  or contracts for the services of workers, for any type of

 5  compensation, to perform activities related to the production

 6  of agricultural plants, or any person who is an owner of or is

 7  responsible for the management or condition of an agricultural

 8  establishment that uses such workers.

 9         (2)  "Agricultural establishment" means any farm,

10  forest, nursery, or greenhouse.

11         (3)  "Agricultural plant" means any plant grown or

12  maintained for commercial or research purposes and includes,

13  but is not limited to, food, feed, fiber plants, trees,

14  turfgrass, flowers, shrubs, ornamentals, and seedlings.

15         (4)  "Department" means the Department of Agriculture

16  and Consumer Services or its authorized representative.

17         (5)  "Designated representative" means any immediate

18  family member, health service provider, coworker, or language

19  interpreter to whom a worker gives written authorization to

20  exercise the right to request the agricultural pesticide

21  information pursuant to this part.

22         (6)  "Fact sheet" means any state or federally approved

23  fact sheet.

24         (7)  "Material safety data sheet" means written or

25  printed material concerning an agricultural pesticide which

26  sets forth the following information:

27         (a)  The chemical name and the common name of the

28  agricultural pesticide.

29         (b)  The hazards or other risks in the use of the

30  agricultural pesticide, including:

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         1.  The potential for fire, explosions, corrosivity,

 2  and reactivity.

 3         2.  The known acute health effects and chronic health

 4  effects of exposure to the agricultural pesticide, including

 5  those medical conditions which are generally recognized as

 6  being aggravated by exposure to the agricultural pesticide.

 7         3.  The primary routes of entry and symptoms of

 8  overexposure.

 9         (c)  The proper precautions, handling practices,

10  necessary personal protective equipment, and other safety

11  precautions in the use of or exposure to the agricultural

12  pesticide, including appropriate emergency treatment in case

13  of overexposure.

14         (d)  The emergency procedures for spills, fire,

15  disposal, and first aid.

16         (e)  A description of the known specific potential

17  health risks posed by the agricultural pesticide, which

18  description is written in lay terms and is intended to alert

19  any person who reads the information.

20         (f)  The year and the month, if available, that the

21  information was compiled and the name, address, and emergency

22  telephone number of the manufacturer responsible for preparing

23  the information.

24         (8)  "Retaliation" means actions, such as dismissal,

25  demotion, harassment, blacklisting with other employers,

26  reducing pay or work hours, or taking away company housing, by

27  any agricultural employer against any worker who exercises any

28  right under the United States Environmental Protection Agency

29  Worker Protection Standard, 40 C.F.R. s. 170.7(b), or this

30  part.

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (9)  "Trainer" means any person who qualifies to train

 2  workers under the pesticide safety training requirements of

 3  the United States Environmental Protection Agency Worker

 4  Protection Standard, 40 C.F.R. s. 170.130.

 5         (10)  "Worker" means any person, including a farmworker

 6  or a self-employed person, who is employed for any type of

 7  compensation and who is performing activities relating to the

 8  production of agricultural plants on an agricultural

 9  establishment. The term "worker" does not include any person

10  employed by a commercial pesticide handling establishment to

11  perform tasks as a crop advisor.

12         Section 4.  Section 487.2041, Florida Statutes, is

13  created to read:

14         487.2041  Enforcement of federal worker protection

15  regulations.--The department shall continue, to the extent

16  that resources are available, to operate under the regulations

17  established by the United States Environmental Protection

18  Agency Labeling Requirement for Pesticides and Devices, 40

19  C.F.R. part 156, and the Worker Protection Standard, 40 C.F.R.

20  part 170, which the department adopted by rule during the

21  1995-1996 fiscal year and published in the Florida

22  Administrative Code. Any provision of this part not preempted

23  by federal law shall continue to apply.

24         Section 5.  Section 487.2051, Florida Statutes, is

25  created to read:

26         487.2051  Availability of agricultural pesticide

27  information to workers and medical personnel.--

28         (1)(a)  The agricultural employer shall make available,

29  upon request, agricultural pesticide information concerning

30  any agricultural pesticide to any worker who enters an

31  agricultural pesticide treated area on an agricultural

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  establishment where, within the last 30 days, an agricultural

 2  pesticide has been applied or a restricted-entry interval has

 3  been in effect or to any worker who may be exposed to the

 4  agricultural pesticide during normal conditions of use or in a

 5  foreseeable emergency.

 6         (b)  The agricultural pesticide information shall be in

 7  the form of a material safety data sheet or a state or

 8  federally approved fact sheet. The agricultural employer shall

 9  provide a written copy of the information specified in this

10  section within 2 working days after a request for the

11  information by a worker or a designated representative of the

12  worker. In case of a pesticide-related medical emergency, the

13  information shall be provided promptly upon request to the

14  worker or medical personnel treating the worker.

15         (c)  The distributor, manufacturer, or importer of

16  agricultural pesticides shall prepare and provide each direct

17  purchaser of agricultural pesticides with a material safety

18  data sheet. If the material safety data sheet or fact sheet

19  for the agricultural pesticide is not available at the time

20  the agricultural pesticide is purchased, the agricultural

21  employer shall take appropriate and timely steps to obtain the

22  material safety data sheet or fact sheet from the distributor,

23  the manufacturer, the department, a federal agency, or another

24  distribution source.

25         (2)  The department shall make available to a trainer a

26  one-page general agricultural pesticide safety sheet designed

27  by the department. The safety sheet must be in a language

28  understandable to the worker and must include, but is not

29  limited to, illustrated instructions on prevention of

30  agricultural pesticide exposure and toll-free numbers to the

31  Florida Poison Control Centers. The trainer shall provide the

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  safety sheet to the worker pursuant to the United States

 2  Environmental Protection Agency Worker Protection Standard, 40

 3  C.F.R. s. 170.130.

 4         Section 6.  Section 487.2061, Florida Statutes, is

 5  created to read:

 6         487.2061  Prohibited acts.--It is unlawful for any

 7  agricultural employer to:

 8         (1)  Fail to provide agricultural pesticide information

 9  as provided for in this part.

10         (2)  Take any retaliatory action against any worker for

11  exercising any right under the provisions of the United States

12  Environmental Protection Agency Worker Protection Standard, 40

13  C.F.R. s. 170.7(b), or this part.

14         Section 7.  Section 487.2071, Florida Statutes, is

15  created to read:

16         487.2071  Penalties against agricultural employer

17  violators; worker relief; monitoring complaints of

18  retaliation.--

19         (1)  Penalties set forth in part I of this chapter

20  shall be applied to any agricultural employer who violates any

21  provision in this part. Agricultural employers who violate the

22  provisions of this part also shall be subject to the federal

23  penalties in the United States Environmental Protection Agency

24  Worker Protection Standard, 40 C.F.R. s. 170.9(b).

25         (2)(a)  Any worker who has been retaliated against by

26  any agricultural employer for exercising any right under the

27  United States Environmental Protection Agency Worker

28  Protection Standard, 40 C.F.R. s. 170.7(b), or this part and

29  seeks relief shall file a complaint with the department of

30  such retaliation.

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (b)  In any action brought pursuant to this section

 2  where the retaliatory personnel action is predicated upon the

 3  disclosure of an illegal activity, policy, or practice to an

 4  appropriate governmental agency, the worker shall not be

 5  required to show that the disclosure to the governmental

 6  agency was under oath or in writing or that the notification

 7  to the employer concerning the illegal activity, policy, or

 8  practice was in writing as provided in s. 448.102(1).

 9         (3)  The department shall monitor all complaints of

10  retaliation which it receives and report its findings to the

11  President of the Senate and the Speaker of the House of

12  Representatives on or before October 1, 2008. The report shall

13  include the number of such complaints received, the

14  circumstances surrounding the complaints, and the action taken

15  concerning the complaints.

16         Section 8.  Section 487.011, Florida Statutes, is

17  amended to read:

18         487.011  Part Short title; administration.--This part

19  chapter may be popularly known cited as the "Florida Pesticide

20  Law" and shall be administered by the Department of

21  Agriculture and Consumer Services.

22         Section 9.  Section 487.012, Florida Statutes, is

23  amended to read:

24         487.012  Declaration of purpose.--The purpose of this

25  part chapter is to regulate the distribution, sale, and use of

26  pesticides, except as provided in chapters 388 and 482, and to

27  protect people and the environment from the adverse effects of

28  pesticides.

29         Section 10.  Section 487.021, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         487.021  Definitions.--For the purpose of this part

 2  chapter:

 3         (1)  "Acceptable release rate" means a measured release

 4  rate not exceeding 4.0 micrograms per square centimeter per

 5  day at steady state conditions as determined in accordance

 6  with a United States Environmental Protection Agency testing

 7  data call-in notice of July 29, 1986, on tributyltin in

 8  antifouling paints under the Federal Insecticide, Fungicide,

 9  and Rodenticide Act, 7 U.S.C. s. 136, or at a rate established

10  by the department.

11         (2)  "Active ingredient" means:

12         (a)  In the case of a pesticide other than a plant

13  regulator, defoliant, or desiccant, an ingredient which will

14  prevent, destroy, repel, or mitigate insects, nematodes,

15  fungi, rodents, weeds, or other pests.

16         (b)  In the case of a plant regulator, an ingredient

17  which, through physiological action, will accelerate or retard

18  the rate of growth or rate of maturation, or otherwise alter

19  the behavior, of ornamental or crop plants or the produce

20  thereof.

21         (c)  In the case of a defoliant, an ingredient which

22  will cause the leaves or foliage to drop from a plant.

23         (d)  In the case of a desiccant, an ingredient which

24  will artificially accelerate the drying of plant tissue.

25         (3)  "Added ingredient" means any plant nutrient or

26  plant regulator added to the mixture which is not an active

27  pesticidal ingredient, but which the manufacturer wishes to

28  show on the label.

29         (4)  "Adulterated" applies to any pesticide if its

30  strength or purity falls below or is in excess of the

31  professed standard of quality as expressed on labeling or

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  under which it is sold, if any substance has been substituted

 2  wholly or in part for the pesticide or if any valuable

 3  constituent of the pesticide has been wholly or in part

 4  abstracted.

 5         (5)  "Advertisement" means all representations

 6  disseminated in any manner or by any means other than by

 7  labeling, for the purpose of inducing, or which are likely to

 8  induce, directly or indirectly, the purchase of pesticides.

 9         (6)  "Age of majority" means any natural person 18

10  years of age or older, or an emancipated minor.

11         (7)  "Aircraft" means any machine designed for flight

12  and for use in applying pesticides.

13         (8)  "Animal" means all vertebrate and invertebrate

14  species, including, but not limited to, humans and other

15  mammals, birds, fish, and shellfish.

16         (9)  "Antidote" means the most practical immediate

17  treatment for poisoning and includes first aid treatment.

18         (10)  "Antifouling paint" means a coating, paint, or

19  treatment that is intended for use as a pesticide, as defined

20  in this section, to control freshwater or marine fouling

21  organisms.

22         (11)  "Antisiphon device" means a safety device used to

23  prevent the backflow of a mixture of water and chemicals into

24  the water supply.

25         (12)  "Batch" or "lot" means a quantity of pesticide

26  produced or packaged and readily identified by numbers,

27  letters, or other symbols.

28         (13)  "Brand" means the name, number, trademark, or any

29  other designation which distinguishes one pesticide product

30  from another.

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (14)  "Certification" means the recognition by the

 2  department that an individual is a competent pesticide

 3  applicator and, thus, is eligible for licensure in one or more

 4  of the designated license types and categories.

 5         (15)  "Certified applicator" means any individual who

 6  has been recognized by the department as a competent pesticide

 7  applicator and, thus, is eligible to apply for licensure in

 8  one or more of the designated license types and categories.

 9         (16)  "Commercial applicator" means an individual who

10  has reached the age of majority and is licensed by the

11  department to use or supervise the use of any restricted-use

12  pesticide for any purpose on any property other than as

13  provided by the definitions of "private applicator," "product

14  specific applicator," or "public applicator," whether or not

15  the individual is a private applicator with respect to some

16  uses.

17         (17)  "Dealer" means any person, other than the

18  manufacturer or distributor, who offers for sale, sells,

19  barters, or otherwise supplies pesticides to the ultimate user

20  or consumer.

21         (18)  "Deficiency" means the amount of an active

22  ingredient of a pesticide by which it fails to come up to its

23  guaranteed analysis when analyzed.

24         (19)  "Defoliant" means any substance or mixture of

25  substances intended for causing the leaves or foliage to drop

26  from a plant, with or without causing abscission.

27         (20)  "Department" means the Department of Agriculture

28  and Consumer Services or its authorized representative.

29         (21)  "Desiccant" means any substance or mixture of

30  substances intended for artificially accelerating the drying

31  of plant tissues.

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (22)  "Device" means any instrument or contrivance

 2  (other than a firearm) which is intended for trapping,

 3  destroying, repelling, or mitigating, any pest or other form

 4  of plant or animal life (other than human and other than

 5  bacteria, virus, or other microorganism on or in living humans

 6  or other living animals); but not including equipment used for

 7  the application of pesticides when sold separately.

 8         (23)  "Distribute" means to offer for sale, hold for

 9  sale, sell, barter, or supply pesticides in this state.

10         (24)  "Distributor" means any person who offers for

11  sale, holds for sale, sells, barters, or supplies pesticides

12  in this state.

13         (25)  "Emergency exemption" means an exemption as

14  authorized in s. 18 of the Federal Insecticide, Fungicide, and

15  Rodenticide Act.

16         (26)  "Environment" means all water, air, land, plants,

17  and animals, and their relationships with one another.

18         (27)  "Equipment" means any type of ground, aquatic, or

19  aerial device used to apply any pesticide on land, and on

20  anything that may be growing, habituating, or stored on or in

21  the land. Equipment does not include any pressurized hand-size

22  household device used to apply any pesticide, or any other

23  device where the person applying the pesticide is the source

24  of power for applying the pesticide.

25         (28)  "Excess" means the amount of an active ingredient

26  of a pesticide found by analysis to be over the guaranteed

27  amount.

28         (29)  "Experimental use permit" means a permit issued

29  by the department or by the United States Environmental

30  Protection Agency as authorized in s. 5 of the Federal

31  Insecticide, Fungicide, and Rodenticide Act.

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (30)  "Fungi" means all non-chlorophyll-bearing

 2  thallophytes (that is, all non-chlorophyll-bearing plants of a

 3  lower order than mosses and liverworts), as, for example,

 4  rusts, smuts, mildews, molds, yeasts, and bacteria, except

 5  those on or in living humans or other animals.

 6         (31)  "Highly toxic" means any highly poisonous

 7  pesticide as determined by the rules promulgated pursuant to

 8  this part chapter.

 9         (32)  "Imminent hazard" means a situation which exists

10  when the continued use of a pesticide during the time required

11  for cancellation proceedings would be likely to result in

12  unreasonable adverse effects on the environment or will

13  involve unreasonable hazard to the survival of a species

14  declared endangered.

15         (33)  "Ineffective" means that pesticides such as

16  bacteriostats, disinfectants, germicides, sanitizers, and like

17  products fail to meet microbiological claims when tested in

18  the laboratory utilizing the officially approved procedures of

19  the Association of Official Analytical Chemists or other

20  methods or procedures as the department may find necessary.

21         (34)  "Inert ingredient" means an ingredient which is

22  not an active ingredient.

23         (35)  "Ingredient statement" means a statement of the

24  name and percentage by weight of each active ingredient,

25  together with the total percentage of the inert ingredients in

26  the pesticides.

27         (36)  "Insect" means any of the numerous small

28  invertebrate animals generally having the body more or less

29  obviously segmented, for the most part belonging to the class

30  Insecta, comprising six legs, usually in winged form (as, for

31  example, beetles, bugs, bees, and flies) and to other allied

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  classes and arthropods whose members are wingless and usually

 2  have more than six legs (as, for example, spiders, mites,

 3  ticks, centipedes, and wood lice).

 4         (37)  "Irrigation system" means any device or

 5  combination of devices having a hose, pipe, or other conduit

 6  which connects directly to any source of ground or surface

 7  water, through which device or combination of devices water or

 8  a mixture of water and chemicals is drawn and applied for

 9  agricultural purposes. The term does not include any handheld

10  hose sprayer or other similar device which is constructed so

11  that an interruption in water flow automatically prevents any

12  backflow to the water source.

13         (38)  "Label" means the written, printed, or graphic

14  matter on or attached to a pesticide, device, or immediate and

15  outside container or wrappers of such pesticide or device.

16         (39)  "Labeling" means all labels and other written,

17  printed, or graphic matter referencing the pesticide or device

18  or upon any of its containers or wrappers, or accompanying the

19  pesticide or device at any time, but does not include

20  accurate, nonmisleading reference to current official

21  publications of the United States Departments of Agriculture

22  or Interior, the Environmental Protection Agency, the United

23  States Public Health Service, state experiment stations, state

24  agricultural colleges, or other similar federal institutions

25  or official agencies of this state or other states authorized

26  by law to conduct research in the field of pesticides.

27         (40)  "Land" means all land and water areas, including

28  airspace.

29         (41)  "Licensed applicator" means an individual who has

30  reached the age of majority and is authorized by license from

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  the department to use or supervise the use of any

 2  restricted-use pesticide covered by the license.

 3         (42)  "Manufacturer" means a person engaged in the

 4  business of importing, producing, preparing, mixing,

 5  formulating, or reformulating pesticides for the purpose of

 6  distribution.

 7         (43)  "Mixer-loader" means any individual who handles

 8  open containers or otherwise prepares, processes, or dilutes

 9  pesticides in preparation for final application.

10         (44)  "Nematode" means invertebrate animals of the

11  phylum Nemathelminthes and class Nematoda (that is,

12  unsegmented round worms with elongated, fusiform, or saclike

13  bodies covered with cuticle and inhabiting soil, water,

14  plants, or plant parts), and may also be known as nemas or

15  eelworms.

16         (45)  "Official sample" means any sample of a pesticide

17  taken by the department in accordance with the provisions of

18  this part chapter or rules adopted under this part chapter,

19  and designated as official by the department.

20         (46)  "Organotin compound" means any compound of tin

21  used as a biocide in an antifouling paint.

22         (47)  "Percent" means one one-hundredth part by weight

23  or volume.

24         (48)  "Pest" means:

25         (a)  Any insect, rodent, nematode, fungus, weed; or

26         (b)  Any other form of terrestrial or aquatic plant or

27  animal life or virus, bacteria, or other microorganism, except

28  viruses, bacteria, or other microorganisms on or in living

29  humans or other living animals, which is declared to be a pest

30  by the administrator of the United States Environmental

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  Protection Agency or which may be declared to be a pest by the

 2  department by rule.

 3         (49)  "Pesticide" means any substance or mixture of

 4  substances intended for preventing, destroying, repelling, or

 5  mitigating any insects, rodents, nematodes, fungi, weeds, or

 6  other forms of plant or animal life or viruses, except

 7  viruses, bacteria, or fungi on or in living humans or other

 8  animals, which the department by rule declares to be a pest,

 9  and any substance or mixture of substances intended for use as

10  a plant regulator, defoliant, or desiccant; however, the term

11  "pesticide" does not include any article that:

12         (a)  Is a "new animal drug" within the meaning of s.

13  201(w) of the Federal Food, Drug, and Cosmetic Act;

14         (b)  Has been determined by the Secretary of the United

15  States Department of Health and Human Services not to be a new

16  animal drug by a regulation establishing conditions of use for

17  the article; or

18         (c)  Is an animal feed within the meaning of s. 201(x)

19  of the Federal Food, Drug, and Cosmetic Act bearing or

20  containing an article covered in this subsection.

21         (50)  "Plant nutrient" means any ingredient that

22  furnishes nourishment to the plant or promotes its growth in a

23  normal manner.

24         (51)  "Plant regulator" means any substance or mixture

25  of substances intended, through physiological action, for

26  accelerating or retarding the rate of growth or maturation, or

27  for otherwise altering the behavior, of ornamental or crop

28  plants or the produce thereof; but does not include substances

29  intended as plant nutrients, trace elements, nutritional

30  chemicals, plant inoculants, or soil amendments.

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (52)  "Private applicator" means an individual who has

 2  reached the age of majority and is licensed by the department

 3  to use or supervise the use of any restricted-use pesticide

 4  for purposes of producing any agricultural commodity on

 5  property owned or rented by his or her employer, or, if

 6  applied without compensation other than the trading of

 7  personal services between producers of agricultural

 8  commodities, on the property of another person.

 9         (53)  "Product" means a unique pesticide and label as

10  distinguished by its individually assigned United States

11  Environmental Protection Agency registration number, special

12  local need registration number, or experimental use permit

13  number.

14         (54)  "Protect health and the environment" means

15  protection against any unreasonable adverse effects on people

16  or the environment.

17         (55)  "Public applicator" means an individual who has

18  reached the age of majority and is licensed by the department

19  to use or supervise the use of restricted-use pesticides as an

20  employee of a state agency, municipal corporation, or other

21  governmental agency.

22         (56)  "Product specific applicator" means an individual

23  who has reached the age of majority and is licensed by the

24  department to use or supervise the use of a particular

25  restricted-use pesticide product that is identified on the

26  license by the United States Environmental Protection Agency

27  registration number, as well as any Florida special local need

28  registration number and any specific identifying information

29  as deemed appropriate for nonfederally registered products

30  exempt under s. 18 of the Federal Insecticide, Fungicide, and

31  Rodenticide Act, provided that the restricted-use pesticide

                                  17

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  product is used for the purpose of producing agricultural

 2  commodities on property owned or rented by the licensee or the

 3  licensee's employer, or is applied on the property of another

 4  person without compensation other than trading of personal

 5  services between producers of agricultural commodities.

 6         (57)  "Registrant" means the person registering any

 7  pesticide pursuant to the provisions of this part chapter.

 8         (58)  "Restricted-use pesticide" means a pesticide

 9  which, when applied in accordance with its directions for use,

10  warnings, and cautions and for uses for which it is registered

11  or for one or more such uses, or in accordance with a

12  widespread and commonly recognized practice, may generally

13  cause, without additional regulatory restrictions,

14  unreasonable adverse effects on the environment, or injury to

15  the applicator or other persons, and which has been classified

16  as a restricted-use pesticide by the department or the

17  administrator of the United States Environmental Protection

18  Agency.

19         (59)  "Sell or sale" includes exchanges.

20         (60)  "Special local need registration" means a state

21  registration issued by the department as authorized in s.

22  24(c) of the Federal Insecticide, Fungicide, and Rodenticide

23  Act.

24         (61)  "Special review" is a process for reviewing

25  selected pesticides based upon information that the pesticides

26  have been found to present environmental or health concerns

27  not considered in the registration process or that data

28  submitted in support of registration are inadequate or

29  outdated.

30         (62)  "Tolerance" means the deviation from the

31  guaranteed analysis permitted by law.

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (63)  "Transportation of pesticides in bulk" means the

 2  movement of a pesticide which is held in an individual

 3  container in undivided quantities of greater than 55 U.S.

 4  gallons liquid measure or 100 pounds net dry weight.

 5         (64)  "Under the direct supervision of a licensed

 6  applicator" means, unless otherwise prescribed by its

 7  labeling, a pesticide that must be applied by a competent

 8  person acting under the instruction and control of a licensed

 9  applicator who is available if and when needed, even though

10  the licensed applicator is not physically present when the

11  pesticide is applied.

12         (65)  "Unreasonable adverse effects on the environment"

13  means any unreasonable risk to humans or the environment,

14  taking into account the economic, social, and environmental

15  costs and benefits of the use of any pesticide.

16         (66)  "Vessel" means any type of watercraft or other

17  artificial contrivance used, or capable of being used, as a

18  means of transportation on water.

19         (67)  "Weed" means any plant which grows where not

20  wanted.

21         Section 11.  Paragraphs (b) and (f) of subsection (2)

22  of section 487.025, Florida Statutes, are amended to read:

23         487.025  Misbranding.--

24         (2)  A pesticide is misbranded if:

25         (b)  Its labeling bears any reference to registration

26  under this part chapter.

27         (f)  Any word, statement, or other information required

28  by or under authority of this part chapter to appear on the

29  labeling is not prominently placed thereon with such

30  conspicuousness, as compared with other words, statements,

31  designs, or graphic matter in the labeling, and in such terms

                                  19

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  as to render it likely to be read and understood by the

 2  ordinary individual under customary conditions of purchase and

 3  use.

 4         Section 12.  Subsections (2), (4), and (5) and

 5  paragraphs (g), (h), (l), (n), (p), (q), and (r) of subsection

 6  (13) of section 487.031, Florida Statutes, are amended to

 7  read:

 8         487.031  Prohibited acts.--It is unlawful:

 9         (2)  To distribute, sell, or offer for sale within this

10  state any pesticide or product which has not been registered

11  pursuant to the provisions of this part chapter, except

12  pesticides distributed, sold, offered for sale, or used in

13  accordance with the provisions of federal or state

14  restriction, supervision, or cancellation orders or other

15  existing stock agreements.

16         (4)  To detach, alter, deface, or destroy, in whole or

17  in part, any label or labeling provided for in this part

18  chapter or rules promulgated under this part chapter, or to

19  add any substance to, or take any substance from, any

20  pesticide in a manner that may defeat the purpose of this part

21  chapter.

22         (5)  For any person to use for his or her own advantage

23  or to reveal any information relative to formulas of products

24  acquired by authority of this part chapter, other than to: the

25  department, proper officials, or employees of the state; the

26  courts of this state in response to a subpoena; physicians,

27  pharmacists, and other qualified persons, in an emergency, for

28  use in the preparation of antidotes. The information relative

29  to formulas of products is confidential and exempt from the

30  provisions of s. 119.07(1).

31         (13)  For any person to:

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (g)  Refuse or, after notice, neglect to comply with

 2  the provisions of this part chapter, the rules adopted under

 3  this part chapter, or any lawful order of the department;

 4         (h)  Refuse or neglect to keep and maintain the records

 5  required by this part chapter or to submit reports when and as

 6  required;

 7         (l)  Aid or abet a licensed or unlicensed person to

 8  evade the provisions of this part chapter, or combine or

 9  conspire with a licensed or unlicensed person to evade the

10  provisions of this part chapter, or allow a license to be used

11  by an unlicensed person;

12         (n)  Make false or misleading statements, or fail to

13  report, pursuant to this part chapter, any suspected or known

14  damage to property or illness or injury to persons caused by

15  the application of pesticides;

16         (p)  Fail to maintain a current liability insurance

17  policy or surety bond as provided for in this part chapter;

18         (q)  Fail to adequately train, as provided for in this

19  part chapter, unlicensed applicators or mixer-loaders applying

20  restricted-use pesticides under the direct supervision of a

21  licensed applicator; or

22         (r)  Fail to provide authorized representatives of the

23  department with records required by this part chapter or with

24  free access for inspection and sampling of any pesticide,

25  areas treated with or impacted by these materials, and

26  equipment used in their application.

27         Section 13.  Subsections (2), (3), and (8) of section

28  487.041, Florida Statutes, are amended to read:

29         487.041  Registration.--

30         (2)  For the purpose of defraying expenses of the

31  department in connection with carrying out the provisions of

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  this part chapter, each person shall pay an annual

 2  registration fee of $250 for each registered pesticide. The

 3  annual registration fee for each special local need label and

 4  experimental use permit shall be $100. All registrations

 5  expire on December 31 of each year. Nothing in this section

 6  shall be construed as applying to distributors or retail

 7  dealers selling pesticides when such pesticides are registered

 8  by another person.

 9         (3)  The department shall adopt rules governing the

10  procedures for pesticide registration and for the review of

11  data submitted by an applicant for registration of a

12  pesticide. The department shall determine whether a pesticide

13  should be registered, registered with conditions, or tested

14  under field conditions in this state. The department shall

15  determine that all requests for pesticide registrations meet

16  the requirements of current state and federal law. The

17  department, whenever it deems it necessary in the

18  administration of this part chapter, may require the

19  manufacturer or registrant to submit the complete formula,

20  quantities shipped into or manufactured in the state for

21  distribution and sale, evidence of the efficacy and the safety

22  of any pesticide, and other relevant data. The department may

23  review and evaluate a registered pesticide if new information

24  is made available which indicates that use of the pesticide

25  has caused an unreasonable adverse effect on public health or

26  the environment. Such review shall be conducted upon the

27  request of the secretary of the Department of Health in the

28  event of an unreasonable adverse effect on public health or

29  the secretary of the Department of Environmental Protection in

30  the event of an unreasonable adverse effect on the

31  environment. Such review may result in modifications,

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  revocation, cancellation, or suspension of a pesticide

 2  registration. The department, for reasons of adulteration,

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

 4  registration of any pesticide, after notice to the applicant

 5  or registrant giving the reason for the decision. The

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

 7  on the intention of the department to refuse or revoke

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

 9  refusal or revocation shall become final without further

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

11  construed as a defense for the commission of any offense

12  prohibited under this part chapter.

13         (8)  Nothing in this section affects the authority of

14  the department to administer the pesticide registration

15  program under this part chapter or the authority of the

16  Commissioner of Agriculture to approve the registration of a

17  pesticide.

18         Section 14.  Section 487.0435, Florida Statutes, is

19  amended to read:

20         487.0435  License classification.--The department shall

21  issue certified applicator licenses in the following

22  classifications: certified public applicator; certified

23  private applicator; and certified commercial applicator. In

24  addition, separate classifications and subclassifications may

25  be specified by the department in rule as deemed necessary to

26  carry out the provisions of this part chapter. Each

27  classification shall be subject to requirements or testing

28  procedures to be set forth by rule of the department and shall

29  be restricted to the activities within the scope of the

30  respective classification as established in statute or by

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  rule. In specifying classifications, the department may

 2  consider, but is not limited to, the following:

 3         (1)  Whether the license sought is for commercial,

 4  public, or private applicator status.

 5         (2)  The method of applying the restricted-use

 6  pesticide.

 7         (3)  The specific crops upon which restricted-use

 8  pesticides are applied.

 9         (4)  The proximity of populated areas to the land upon

10  which restricted-use pesticides are applied.

11         (5)  The acreage under the control of the licensee.

12         (6)  The pounds of technical restricted toxicant

13  applied per acre per year by the licensee.

14         Section 15.  Section 487.045, Florida Statutes, is

15  amended to read:

16         487.045  Fees.--

17         (1)  The department shall establish applicable fees by

18  rule. The fees shall not exceed $250 for commercial

19  applicators or $100 for private applicators and public

20  applicators, for initial licensing and for each subsequent

21  license renewal. The fees shall be determined annually and

22  shall represent department costs associated with enforcement

23  of the provisions of this part chapter.

24         (2)  Fees collected under the provisions of this part

25  chapter shall be deposited into the General Inspection Trust

26  Fund and shall be used to defray expenses in the

27  administration of this part chapter.

28         Section 16.  Subsection (2) of section 487.046, Florida

29  Statutes, is amended to read:

30         487.046  Application; licensure.--

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (2)  If the department finds the applicant qualified in

 2  the classification for which the applicant has applied, and if

 3  the applicant applying for a license to engage in aerial

 4  application of pesticides has met all of the requirements of

 5  the Federal Aviation Agency and the Department of

 6  Transportation of this state to operate the equipment

 7  described in the application and has shown proof of liability

 8  insurance or posted a surety bond in an amount to be set forth

 9  by rule of the department, the department shall issue a

10  certified applicator's license, limited to the classifications

11  for which the applicant is qualified. The license shall expire

12  as required by rules promulgated under this part chapter,

13  unless it has been revoked or suspended by the department

14  prior to expiration, for cause as provided in this part

15  chapter. The license or authorization card issued by the

16  department verifying licensure shall be kept on the person of

17  the licensee while performing work as a licensed applicator.

18         Section 17.  Section 487.047, Florida Statutes, is

19  amended to read:

20         487.047  Nonresident license; reciprocal agreement;

21  authorized purchase.--

22         (1)  The department may waive all or part of the

23  examination requirements provided for in this part chapter on

24  a reciprocal basis with any other state or agency, or an

25  Indian tribe, that has substantially the same or better

26  standards.

27         (2)  Any nonresident applying for a license under this

28  part chapter to operate in the state shall file a Designation

29  of Registered Agent naming the Secretary of State as the agent

30  of the nonresident, upon whom process may be served in the

31  event of any suit against the nonresident. The designation

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  shall be prepared on a form provided by the department and

 2  shall render effective the jurisdiction of the courts of this

 3  state over the nonresident applicant. However, any nonresident

 4  who has a duly appointed registered agent upon whom process

 5  may be served as provided by law shall not be required to

 6  designate the Secretary of State as registered agent. The

 7  Secretary of State shall be allowed the registered-agent fees

 8  as provided by law for designating registered agents. The

 9  department shall be furnished with a copy of the designation

10  of the Secretary of State or of a registered agent which is

11  certified by the Secretary of State. The Secretary of State

12  shall notify the department of any service of process it

13  receives as registered agent for persons licensed under this

14  part chapter.

15         (3)  Restricted-use pesticides may be purchased by any

16  person who holds a valid applicator's license or who holds a

17  valid purchase authorization card issued by the department or

18  by a licensee under chapter 482 or chapter 388. A nonlicensed

19  person may apply restricted-use pesticides under the direct

20  supervision of a licensed applicator. An applicator's license

21  shall be issued by the department on a form supplied by it in

22  accordance with the requirements of this part chapter.

23         Section 18.  Subsection (1) of section 487.049, Florida

24  Statutes, is amended to read:

25         487.049  Renewal; late fee; recertification.--

26         (1)  The department shall require renewal of a

27  certified applicator's license at 4-year intervals from the

28  date of issuance. If the application for renewal of any

29  license provided for in this part chapter is not filed on

30  time, a late fee shall be assessed not to exceed $50. However,

31  the penalty shall not apply if the renewal application is

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  filed within 60 days after the renewal date, provided the

 2  applicant furnishes an affidavit certifying that he or she has

 3  not engaged in business subsequent to the expiration of the

 4  license for a period not exceeding 60 days. A license may be

 5  renewed without taking another examination unless the

 6  department determines that new knowledge related to the

 7  classification for which the applicant has applied makes a new

 8  examination necessary; however, the department may require the

 9  applicant to provide evidence of continued competency, as

10  determined by rule. If the license is not renewed within 60

11  days of the expiration date, then the licensee may again be

12  required to take another examination, unless there is some

13  unavoidable circumstance which results in the delay of the

14  renewal of any license issued under this part chapter which

15  was not under the applicant's control.

16         Section 19.  Paragraph (b) of subsection (1) and

17  subsection (2) of section 487.051, Florida Statutes, are

18  amended to read:

19         487.051  Administration; rules; procedure.--

20         (1)  The department may by rule:

21         (b)  Establish procedures for the taking and handling

22  of samples and establish tolerances and deficiencies where not

23  specifically provided for in this part chapter; assess

24  penalties; and prohibit the sale or use of pesticides or

25  devices shown to be detrimental to human beings, the

26  environment, or agriculture or to be otherwise of questionable

27  value.

28         (2)  The department is authorized to adopt by rule the

29  primary standards established by the United States

30  Environmental Protection Agency with respect to pesticides. If

31  the provisions of this part chapter are preempted in part by

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  federal law, those provisions not preempted shall apply. This

 2  part chapter is intended as comprehensive and exclusive

 3  regulation of pesticides in this state. Except as provided in

 4  chapters 373, 376, 388, 403, and 482, or as otherwise provided

 5  by law, no agency, commission, department, county,

 6  municipality, or other political subdivision of the state may

 7  adopt laws, regulations, rules, or policies pertaining to

 8  pesticides, including their registration, packaging, labeling,

 9  distribution, sale, or use, except that local jurisdictions

10  may adopt or enforce an ordinance pertaining to pesticides if

11  that ordinance is in the area of occupational license taxes,

12  building and zoning regulations, disposal or spillage of

13  pesticides within a water well zone, or pesticide safety

14  regulations relating to containment at the storage site.

15         Section 20.  Subsection (4) of section 487.0615,

16  Florida Statutes, is amended to read:

17         487.0615  Pesticide Review Council.--

18         (4)  The council is defined as a "substantially

19  interested person" and has standing under chapter 120 in any

20  proceeding conducted by the department relating to the

21  registration of a pesticide under this part chapter. The

22  standing of the council shall in no way prevent individual

23  members of the council from exercising standing in these

24  matters.

25         Section 21.  Subsections (1), (2), (3), (4), and (6)

26  and paragraphs (a) and (e) of subsection (7) of section

27  487.071, Florida Statutes, are amended to read:

28         487.071  Enforcement, inspection, sampling, and

29  analysis.--

30         (1)  The department is authorized to enter upon any

31  public or private premises or carrier where pesticides are

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  known or thought to be distributed, sold, offered for sale,

 2  held, stored, or applied, during regular business hours in the

 3  performance of its duties relating to pesticides and records

 4  pertaining to pesticides. No person shall deny or refuse

 5  access to the department when it seeks to enter upon any

 6  public or private premises or carrier during business hours in

 7  performance of its duties under this part chapter.

 8         (2)  The department is authorized and directed to

 9  sample, test, inspect, and make analyses of pesticides sold,

10  offered for sale, distributed, or used within this state, at a

11  time and place and to such an extent as it may deem necessary,

12  to determine whether the pesticides or persons exercising

13  control over the pesticides are in compliance with the

14  provisions of this part chapter, the rules adopted under this

15  part chapter, and the provisions of the pesticide label or

16  labeling.

17         (3)  The official analysis shall be made from the

18  official sample. A sealed and identified sample, herein called

19  "official check sample" shall be kept until the analysis on

20  the official sample is completed. However, the registrant may

21  obtain upon request a portion of the official sample. Upon

22  completion of the analysis of the official sample, a true copy

23  of the certificate of analysis shall be mailed to the

24  registrant of the pesticide from whom the official sample was

25  taken and also to the dealer or agent, if any, and consumer,

26  if known. If the official analysis conforms with the

27  provisions of this part chapter, the official check sample may

28  be destroyed. If the official analysis does not conform with

29  the provisions of this part chapter, the rules adopted under

30  this part chapter, and the provisions of the pesticide label

31  or labeling, the official check sample shall be retained for a

                                  29

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  period of 90 days from the date of the certificate of analysis

 2  of the official sample. If within that time the registrant of

 3  the pesticide from whom the official sample was taken makes

 4  demand for analysis by a referee chemist, a portion of the

 5  official check sample sufficient for analysis shall be sent to

 6  a referee chemist who is mutually acceptable to the department

 7  and the registrant for analysis at the expense of the

 8  registrant. Upon completion of the analysis, the referee

 9  chemist shall forward to the department and to the registrant

10  a certificate of analysis bearing a proper identification mark

11  or number; and such certificate of analysis shall be verified

12  by an affidavit of the person or laboratory making the

13  analysis. If the certificate of analysis checks within 3

14  percent of the department's analysis on each active ingredient

15  for which analysis was made, the mean average of the two

16  analyses shall be accepted as final and binding on all

17  concerned. However, if the referee's certificate of analysis

18  shows a variation of greater than 3 percent from the

19  department's analysis in any one or more of the active

20  ingredients for which an analysis was made, upon demand of

21  either the department or the registrant from whom the official

22  sample was taken, a portion of the official check sample

23  sufficient for analysis shall be submitted to a second referee

24  chemist who is mutually acceptable to the department and the

25  registrant, at the expense of the party or parties requesting

26  the referee analysis. Upon completion of the analysis, the

27  second referee chemist shall make a certificate and report as

28  provided in this subsection for the first referee chemist. The

29  mean average of the two analyses nearest in conformity shall

30  be accepted as final and binding on all concerned. If no

31  demand is made for an analysis by a second referee chemist,

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  the department's certificate of analysis shall be accepted as

 2  final and binding on all concerned.

 3         (4)  If a pesticide or device fails to comply with the

 4  provisions of this part chapter with reference to the

 5  ingredient statement reflecting the composition of the

 6  product, as required on the registration and labeling, and the

 7  department contemplates possible criminal proceedings against

 8  the person responsible because of this violation, the

 9  department shall, after due notice, accord the person an

10  informal hearing or an opportunity to present evidence and

11  opinions, either orally or in writing, with regard to such

12  contemplated proceedings. If in the opinion of the department

13  the facts warrant, the department may refer the facts to the

14  state attorney for the county in which the violation occurred,

15  with a copy of the results of the analysis or the examination

16  of such article; provided that nothing in this part chapter

17  shall be construed as requiring the department to report for

18  prosecution minor violations whenever it believes that the

19  public interest will be subserved by a suitable notice of

20  warning in writing.

21         (6)  The department shall, by publication in such

22  manner as it may prescribe, give notice of all judgments

23  entered in actions instituted under the authority of this part

24  chapter.

25         (7)(a)  The department may analyze pesticide samples

26  upon request in a manner consistent with this part chapter.

27         (e)  In addition to any other penalty provided by this

28  part chapter, the registrant of any pesticide found to be

29  adulterated, misbranded, or otherwise deficient shall

30  reimburse the person requesting the pesticide analysis under

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  this subsection for all fees assessed by and paid to the

 2  department.

 3         Section 22.  Subsections (2), (3), and (4) of section

 4  487.081, Florida Statutes, are amended to read:

 5         487.081  Exemptions.--

 6         (2)  No article shall be deemed in violation of this

 7  part chapter when intended solely for export to a foreign

 8  country and when prepared or packed according to the

 9  specifications or directions of the purchaser.

10         (3)  Notwithstanding any other provision of this part

11  chapter, registration required under this part chapter is not

12  required in the case of a pesticide stored or shipped from one

13  manufacturing plant within this state to another manufacturing

14  plant within this state operated by the same person.

15         (4)  Nothing in this part chapter shall be construed to

16  apply to persons duly licensed or certified under chapter 388

17  or chapter 482 performing any pest control or other operation

18  for which they are licensed or certified under those chapters.

19         Section 23.  Subsection (2) of section 487.091, Florida

20  Statutes, is amended to read:

21         487.091  Tolerances, deficiencies, and penalties.--

22         (2)  If a pesticide is found by analysis to be

23  deficient in an active ingredient beyond the tolerance as

24  provided in this part chapter, the registrant is subject to a

25  penalty for the deficiency, not to exceed $10,000 per

26  violation. However, no penalty shall be assessed when the

27  official sample was taken from a pesticide that was in the

28  possession of a consumer for more than 45 days from the date

29  of purchase by that consumer, or when the product label

30  specifies that the product should be used by an expiration

31  date that has passed. Procedures for assessing penalties shall

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  be established by rule, based on the degree of the deficiency.

 2  Penalties assessed shall be paid to the consumer or, in the

 3  absence of a known consumer, the department. If the penalty is

 4  not paid within the prescribed period of time as established

 5  by rule, the department may deny, suspend, or revoke the

 6  registration of any pesticide.

 7         Section 24.  Section 487.101, Florida Statutes, is

 8  amended to read:

 9         487.101  Stop-sale, stop-use, removal, or hold

10  orders.--

11         (1)  When a pesticide or device is being offered or

12  exposed for sale, used, or held in violation of any of the

13  provisions of this part chapter, the department may issue and

14  enforce a stop-sale, stop-use, removal, or hold order, in

15  writing, to the owner or custodian of the pesticide or device,

16  ordering that the pesticide or device be held at a designated

17  place until the part chapter has been complied with and the

18  pesticide or device is released, in writing, by the department

19  or the violation has been disposed of by court order.

20         (2)  The written notice is warning to all persons,

21  including, but not limited to, the owner or custodian of the

22  pesticide or the owner's or custodian's agents or employees,

23  to scrupulously refrain from moving, bothering, altering, or

24  interfering with the pesticide or device or from altering,

25  defacing, or in any way interfering with the written notice or

26  permitting the same to be done. The willful violation of these

27  provisions is a misdemeanor, subjecting the violator to the

28  penalty provisions of this part chapter.

29         (3)  The department shall release the pesticide or

30  device under a stop-sale, stop-use, removal, or hold order

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  when the owner or custodian complies with the provisions of

 2  this part chapter.

 3         (4)  The owner or custodian, with authorization and

 4  supervision of the department, may relabel the pesticide or

 5  device so that the label will conform to the product, or

 6  transfer and return the product to the manufacturer or

 7  supplier for the purpose of bringing the product in compliance

 8  with the provisions of this part chapter.

 9         Section 25.  Subsection (1) of section 487.111, Florida

10  Statutes, is amended to read:

11         487.111  Seizure, condemnation, and sale.--

12         (1)  Any lot of pesticide or device not in compliance

13  with the provisions of this part chapter is subject to seizure

14  on complaint of the department to the circuit court in the

15  county in which the pesticide or device is located. In the

16  event the court finds the pesticide or device in violation of

17  this part chapter and orders it condemned, it shall be

18  disposed of as the court may direct; provided that in no

19  instance shall the disposition of the pesticide or device be

20  ordered by the court without first giving the owner or

21  custodian an opportunity to apply to the court for release of

22  the pesticide or device or for permission to process or

23  relabel it to bring it into compliance with this part chapter.

24         Section 26.  Section 487.13, Florida Statutes, is

25  amended to read:

26         487.13  Cooperation.--The department is authorized and

27  empowered to cooperate with and enter into agreements with any

28  other agency of this state, the United States Department of

29  Agriculture, the United States Environmental Protection

30  Agency, and any other state or federal agency for the purpose

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  of carrying out the provisions of this part chapter  and

 2  securing uniformity of regulations.

 3         Section 27.  Section 487.156, Florida Statutes, is

 4  amended to read:

 5         487.156  Governmental agencies.--All governmental

 6  agencies shall be subject to the provisions of this part

 7  chapter and rules adopted under this part chapter. Public

 8  applicators using or supervising the use of restricted-use

 9  pesticides shall be subject to examination as provided in s.

10  487.044.

11         Section 28.  Subsection (1) of section 487.159, Florida

12  Statutes, is amended to read:

13         487.159  Damage or injury to property, animal, or

14  person; mandatory report of damage or injury; time for filing;

15  failure to file.--

16         (1)  The person claiming damage or injury to property,

17  animal, or human beings from application of a pesticide shall

18  file with the department a written statement claiming damages,

19  on a form prescribed by the department, within 48 hours after

20  the damage or injury becomes apparent. The statement shall

21  contain, but shall not be limited to, the name of the person

22  responsible for the application of the pesticide, the name of

23  the owner or lessee of the land on which the crop is grown and

24  for which the damages are claimed, and the date on which it is

25  alleged that the damages occurred. The department shall

26  investigate the alleged damages and notify all concerned

27  parties of its findings. If the findings reveal a violation of

28  the provisions of this part chapter, the department shall

29  determine an appropriate penalty, as provided in this part

30  chapter. The filing of a statement or the failure to file such

31  a statement need not be alleged in any complaint which might

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  be filed in a court of law, and the failure to file the

 2  statement shall not be considered any bar to the maintenance

 3  of any criminal or civil action.

 4         Section 29.  Section 487.161, Florida Statutes, is

 5  amended to read:

 6         487.161  Exemptions, nonagricultural pest control and

 7  research.--

 8         (1)  Any person duly licensed or certified under

 9  chapter 482, or under the supervision of chapter 388, is

10  exempted from the licensing provisions of this part chapter.

11         (2)  The use of the antibiotic oxytetracycline

12  hydrochloride for the purpose of controlling lethal yellowing

13  is exempted from the licensing provisions of this part

14  chapter.

15         (3)  The personnel of governmental, university, or

16  industrial research agencies are exempted from the provisions

17  of this part chapter when doing applied research within a

18  laboratory, but shall comply with all the provisions of this

19  part chapter when applying restricted-use pesticides to

20  experimental or demonstration plots.

21         Section 30.  Section 487.163, Florida Statutes, is

22  amended to read:

23         487.163  Information; interagency cooperation.--

24         (1)  The department may, in cooperation with the

25  University of Florida or other agencies of government, publish

26  information and conduct short courses of instruction in the

27  safe use and application of pesticides for the purpose of

28  carrying out the provisions of this part chapter.

29         (2)  The department may cooperate or enter into formal

30  agreements with any other agency or educational institution of

31  this state or its subdivisions or with any agency of any other

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  state or of the Federal Government for the purpose of carrying

 2  out the provisions of this part chapter and of securing

 3  uniformity of regulations.

 4         Section 31.  Subsections (1), (2), and (3) of section

 5  487.171, Florida Statutes, are amended to read:

 6         487.171  Classification of antifouling paint containing

 7  organotin compounds as restricted-use pesticides; prohibition

 8  of distribution and sale.--

 9         (1)  The department shall classify antifouling paints

10  containing organotin compounds having an acceptable release

11  rate as restricted-use pesticides subject to the requirements

12  of this part chapter. Antifouling paints containing organotin

13  having acceptable release rates and sold in spray cans of 16

14  ounces avoirdupois weight or less for outboard motor or lower

15  unit use are exempt from the restricted-use pesticide

16  classification requirement.

17         (2)  The department shall initiate action under chapter

18  120, to deny or cancel the registration of antifouling paints

19  containing organotin compounds which do not have an acceptable

20  release rate or do not meet other criteria established by the

21  department in accordance with this part chapter.

22         (3)  Distribution, sale, and use of antifouling paints

23  containing organotin compounds with acceptable release rates

24  shall be limited to dealers and applicators licensed by the

25  department in accordance with this part chapter, to

26  distribute, sell, or use restricted-use pesticides. Such paint

27  may be applied only by licensed applicators and may be applied

28  only to vessels which exceed 25 meters in length or which have

29  aluminum hulls.

30         Section 32.  Section 487.175, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         487.175  Penalties; administrative fine; injunction.--

 2         (1)  In addition to any other penalty provided in this

 3  part chapter, when the department finds any person, applicant,

 4  or licensee has violated any provision of this part chapter or

 5  rule adopted under this part chapter, it may enter an order

 6  imposing any one or more of the following penalties:

 7         (a)  Denial of an application for licensure.

 8         (b)  Revocation or suspension of a license.

 9         (c)  Issuance of a warning letter.

10         (d)  Placement of the licensee on probation for a

11  specified period of time and subject to conditions the

12  department may specify by rule, including requiring the

13  licensee to attend continuing education courses, to

14  demonstrate competency through a written or practical

15  examination, or to work under the direct supervision of

16  another licensee.

17         (e)  Imposition of an administrative fine not to exceed

18  $10,000 for each violation. When imposing any fine under this

19  paragraph, the department shall consider the degree and extent

20  of harm caused by the violation, the cost of rectifying the

21  damage, the amount of money the violator benefited from by

22  noncompliance, whether the violation was committed willfully,

23  and the compliance record of the violator.

24         (2)  Any person who violates any provision of this part

25  chapter or rules adopted pursuant thereto commits a

26  misdemeanor of the second degree and upon conviction is

27  punishable as provided in sections 775.082 and 775.083. For a

28  subsequent violation, such person commits a misdemeanor of the

29  first degree and upon conviction is punishable as provided in

30  sections 775.082 and 775.083.

31  

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (3)  In addition to the remedies provided in this part

 2  chapter and notwithstanding the existence of any adequate

 3  remedy at law, the department may bring an action to enjoin

 4  the violation or threatened violation of any provision of this

 5  part chapter, or rule adopted under this part chapter, in the

 6  circuit court of the county in which the violation occurred or

 7  is about to occur. Upon the department's presentation of

 8  competent and substantial evidence to the court of the

 9  violation or threatened violation, the court shall immediately

10  issue the temporary or permanent injunction sought by the

11  department. The injunction shall be issued without bond. A

12  single act in violation of any provision of this part chapter

13  shall be sufficient to authorize the issuance of an

14  injunction.

15         Section 33.  Subsection (1) of section 403.088, Florida

16  Statutes, is amended to read:

17         403.088  Water pollution operation permits;

18  conditions.--

19         (1)  No person, without written authorization of the

20  department, shall discharge into waters within the state any

21  waste which, by itself or in combination with the wastes of

22  other sources, reduces the quality of the receiving waters

23  below the classification established for them. However, this

24  section shall not be deemed to prohibit the application of

25  pesticides to waters in the state for the control of insects,

26  aquatic weeds, or algae, provided the application is performed

27  pursuant to a program approved by the Department of Health, in

28  the case of insect control, or the department, in the case of

29  aquatic weed or algae control. The department is directed to

30  enter into interagency agreements to establish the procedures

31  for program approval. Such agreements shall provide for public

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1  health, welfare, and safety, as well as environmental factors.

 2  Approved programs must provide that only chemicals approved

 3  for the particular use by the United States Environmental

 4  Protection Agency or by the Department of Agriculture and

 5  Consumer Services may be employed and that they be applied in

 6  accordance with registered label instructions, state standards

 7  for such application, and the provisions of the Florida

 8  Pesticide Law, part I of chapter 487.

 9         Section 34.  Subsection (1) of section 482.242, Florida

10  Statutes, is amended to read:

11         482.242  Preemption.--

12         (1)  This chapter is intended as comprehensive and

13  exclusive regulation of pest control in this state. The

14  provisions of this chapter preempt to the state all regulation

15  of the activities and operations of pest control services,

16  including the pesticides used pursuant to labeling and

17  registration approved under part I of chapter 487. No local

18  government or political subdivision of the state may enact or

19  enforce an ordinance that regulates pest control, except that

20  the preemption in this section does not prohibit a local

21  government or political subdivision from enacting an ordinance

22  regarding any of the following:

23         (a)  Local occupational licenses adopted pursuant to

24  chapter 205.

25         (b)  Land development regulations adopted pursuant to

26  chapter 163 which include regulation of any aspect of

27  development, including a subdivision, building construction,

28  sign regulation or any other regulation concerning the

29  development of land, or landscaping or tree protection

30  ordinances which do not include pesticide application

31  restrictions.

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    Florida Senate - 2004                                  SB 2652
    3-1286-04                                          See HB 1661




 1         (c)  Regulations that:

 2         1.  Require, for multicomplex dwellings in excess of 10

 3  units, annual termite inspections for termite activity or

 4  damage, including Formosan termites, which must be performed

 5  by a person licensed under this chapter.

 6         2.  Require pest control treatments of structures that

 7  have termite activity or damage which must be performed by a

 8  person licensed under this chapter.

 9         3.  Require property owners or other persons to obtain

10  inspections or pest control treatments performed by a person

11  licensed under this chapter.

12  

13  An ordinance by a local government or political subdivision

14  which requires an annual inspection or pest control treatment

15  must conform to current law.

16         (d)  Protection of wellhead protection areas and high

17  recharge areas.

18         (e)  Hazardous materials reporting as set forth in part

19  II of chapter 252, storage, and containment including as

20  relating to stormwater management.

21         (f)  Hazardous material unlawful discharge and

22  disposal.

23         (g)  Hazardous materials remediation.

24         Section 35.  Paragraph (x) of subsection (1) of section

25  500.03, Florida Statutes, is amended to read:

26         500.03  Definitions; construction; applicability.--

27         (1)  For the purpose of this chapter, the term:

28         (x)  "Pesticide chemical" means any substance which,

29  alone, in chemical combination, or in formulation with one or

30  more other substances is a "pesticide" within the meaning of

31  the Florida Pesticide Law, part I of chapter 487, and which is

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    Florida Senate - 2004                                  SB 2652
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 1  used in the production, storage, or transportation of raw

 2  agricultural commodities.

 3         Section 36.  Subsections (1) and (6) of section 570.44,

 4  Florida Statutes, are amended to read:

 5         570.44  Division of Agricultural Environmental

 6  Services; powers and duties.--The duties of the Division of

 7  Agricultural Environmental Services include, but are not

 8  limited to:

 9         (1)  Inspecting and drawing samples of: commercial

10  feeds offered for sale in this state and enforcing those

11  provisions of chapter 580 authorized by the department; seeds

12  offered for sale in this state and enforcing those provisions

13  of chapter 578 authorized by the department; certified seed

14  grown in this state; fertilizers offered for sale in this

15  state and enforcing those provisions of chapter 576 authorized

16  by the department; and pesticides offered for sale in this

17  state, and soil and water in this state for the presence of

18  pesticides, and enforcing those provisions of part I of

19  chapter 487 authorized by the department.

20         (6)  Analyzing samples of pesticide formulations

21  offered for sale in this state and tank mix, soil, water, and

22  other environmental samples related to pesticide use

23  investigations, as required under part I of chapter 487.

24         Section 37.  In editing manuscript for the next edition

25  of the official Florida Statutes, the Division of Statutory

26  Revision shall designate secions 487.011-487.175, Florida

27  Statutes, as part I of that chapter, the "Florida Pesticide

28  Law," and sections 487.2011-487.2071, Florida Statutes, as

29  created by this act, as part II of that chapter, the "Florida

30  Agricultural Worker Safety Act."

31         Section 38.  This act shall take effect July 1, 2004.

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