Senate Bill sb2954c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 2954

    By the Committee on Agriculture; and Senators Alexander and
    Bullard




    303-2346-04

  1                      A bill to be entitled

  2         An act relating to migrant labor; amending s.

  3         450.191, F.S.; authorizing the Executive Office

  4         of the Governor to advise and consult

  5         concerning improvements in the working

  6         conditions of migrant workers; authorizing the

  7         Executive Office of the Governor to provide

  8         coordination for farm labor registration,

  9         cooperate with the Department of Business and

10         Professional Regulation on enforcing labor

11         laws, and cooperate with the Agency for

12         Workforce Innovation in recruiting migrant

13         laborers; amending s. 450.201, F.S.; requiring

14         the Legislative Commission on Migrant and

15         Seasonal Labor to make appointments and hold

16         its first meeting; amending s. 450.211, F.S.;

17         revising the membership of the commission;

18         amending s. 450.231, F.S.; specifying when the

19         commission must report to the Legislature;

20         amending s. 450.27, F.S.; renaming part III of

21         ch. 450, F.S.; amending s. 450.271, F.S.;

22         substituting the Department of Business and

23         Professional Regulation for the Department of

24         Labor and Employment Security as the entity

25         authorized to administer the federal Migrant

26         and Seasonal Agricultural Worker Protection

27         Act; amending s. 450.28, F.S.; defining major

28         and minor violations; amending s. 450.30, F.S.;

29         requiring an applicant for renewal of a

30         certificate of registration as a farm labor

31         contractor to retake the competency examination

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         when convicted of or penalized for committing a

 2         major violation within a specified time;

 3         depositing certain fees received from

 4         applicants for a certificate of registration

 5         into the Professional Regulation Trust Fund;

 6         amending s. 450.31, F.S.; increasing the

 7         application fee for a certificate of

 8         registration; revising payment requirements;

 9         requiring an applicant for a certificate of

10         registration to designate an agent to receive

11         service of process and documents; authorizing

12         the department to revoke, suspend, or deny a

13         certificate of registration under certain

14         circumstances; providing that receipt of a

15         certification of registration constitutes

16         permission by the farm labor contractor for

17         department personnel to inspect certain

18         documents; creating s. 450.321, F.S.;

19         authorizing the department to develop and

20         implement a best practices incentive program

21         for farm labor contractors; authorizing the

22         department to enter a partnership agreement

23         with a contractor regarding such designation;

24         authorizing use of the designation to solicit

25         business; authorizing revocation of designation

26         and requiring cessation of use; prohibiting

27         characterization of the designation as an

28         endorsement by the department; exempting the

29         department from civil liability; authorizing

30         the department to establish an incentive

31         program for contractors holding a valid

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         designation; amending s. 450.33, F.S.; revising

 2         the powers of the department regarding

 3         revocation of a contractor's certificate of

 4         registration; adding maintenance of certain

 5         employee field records to the duties a

 6         contractor must perform; amending s. 450.34,

 7         F.S.; prohibiting a contractor from taking

 8         retaliatory action and from contracting with or

 9         employing certain persons who lack a valid

10         certificate; amending s. 450.35, F.S.;

11         prohibiting a person from contracting with or

12         employing a farm labor contractor without a

13         certificate of registration; providing

14         penalties; amending s. 450.37, F.S.;

15         authorizing the department to cooperate and

16         enter into agreements with other state

17         agencies; amending s. 450.38, F.S.; revising

18         the penalties imposed for violations of part

19         III of ch. 450, F.S.; clarifying applicability

20         of penalties to a firm, association, or

21         corporation; increasing the maximum civil

22         penalty; authorizing civil penalties or the

23         revocation of registration if a contractor

24         commits one or more minor violations; creating

25         s. 450.39, F.S.; prohibiting a farm labor

26         contractor from requiring a farmworker to make

27         certain purchases; prohibiting a contractor

28         from charging a farmworker more than the

29         reasonable cost for a commodity; amending s.

30         381.0087, F.S.; clarifying that a person who

31         willfully refuses a citation commits a

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         second-degree misdemeanor; requiring the

 2         Department of Health to notify the enforcing

 3         entity of suspected violations; amending s.

 4         381.008, F.S.; defining the term "residential

 5         migrant housing" to include structures rented

 6         or reserved for occupancy by seasonal workers;

 7         excluding from that definition a single-family

 8         residence or mobile home that is occupied only

 9         by a single family; amending s. 381.0086, F.S.;

10         requiring the Department of Health to include

11         certain provisions relative to plan review of

12         residential migrant housing in rules;

13         prohibiting a structural variance for the

14         purpose of filing an interstate clearance order

15         with the Agency for Workforce Innovation;

16         amending ss. 487.011, 487.012, 487.021,

17         487.025, 487.031, 487.041, 487.0435, 487.045,

18         487.046, 487.047, 487.049, 487.051, 487.0615,

19         487.071, 487.081, 487,091, 487.101, 487.111,

20         487.13, 487.156, 487.159, 487.161, 487.163,

21         487.171, 487.175, 403.088, 482.242, 500.03, and

22         570.44, F.S.; changing the term "chapter" to

23         "part" to conform to changes made by the act;

24         creating part II of ch. 487, F.S.; providing a

25         short title; providing for administration by

26         the Department of Agriculture and Consumer

27         Services; declaring legislative intent;

28         defining terms; requiring the department to

29         continue to operate under specified federal

30         worker protection regulations; providing for

31         application unless exempted by federal law;

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         requiring an agricultural employer to make

 2         pesticide information available to an

 3         agricultural worker; authorizing requests by

 4         the worker, a designated representative, or

 5         medical personnel treating the worker;

 6         requiring the manufacturer of an agricultural

 7         pesticide to prepare a material safety data

 8         sheet; requiring provision of the data sheet to

 9         each direct purchaser; requiring the department

10         to produce and make available a general

11         agricultural pesticide safety sheet;

12         prohibiting an agricultural employer from

13         failing to provide required pesticide

14         information or taking retaliatory action;

15         providing penalties for an agricultural

16         employer who violates part II of ch. 487, F.S.;

17         allowing a worker who seeks relief for

18         retaliatory action to file a complaint with the

19         department; requiring that the department

20         monitor complaints of retaliation and report

21         findings to the President of the Senate and the

22         Speaker of the House of Representatives;

23         requesting the Division of Statutory Revision

24         to designate parts I and II of ch. 487, F.S.;

25         providing an effective date.

26  

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

28  

29         Section 1.  Subsection (1) of section 450.191, Florida

30  Statutes, is amended to read:

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         450.191  Executive Office of the Governor; powers and

 2  duties.--

 3         (1)  The Executive Office of the Governor is authorized

 4  and directed to:

 5         (a)  Advise and consult with employers of migrant and

 6  seasonal workers as to the ways and means of improving living

 7  and working conditions of migrant and seasonal workers;

 8         (b)  Cooperate with the Department of Health in

 9  establishing minimum standards of preventive and curative

10  health and of housing and sanitation in migrant labor camps

11  and in making surveys to determine the adequacy of preventive

12  and curative health services available to occupants of migrant

13  labor camps;

14         (c)  Provide coordination for the enforcement of ss.

15  381.008-381.0088 and ss. 450.27-450.38;

16         (d)  Cooperate with the Department of Business and

17  Professional Regulation other departments of government in

18  coordinating and enforcing all applicable labor laws,

19  including, but not limited to, those relating to private

20  employment agencies, child labor, wage payments, wage claims,

21  and farm labor contractors crew leaders;

22         (e)  Cooperate with the Department of Education to

23  provide educational facilities for the children of migrant

24  laborers;

25         (f)  Cooperate with the Department of Highway Safety

26  and Motor Vehicles to establish minimum standards for the

27  transporting of migrant laborers;

28         (g)  Cooperate with the Department of Agriculture and

29  Consumer Services to conduct an education program for

30  employers of migrant laborers pertaining to the standards,

31  methods, and objectives of the office;

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (h)  Cooperate with the Department of Children and

 2  Family Services in coordinating all public assistance programs

 3  as they may apply to migrant laborers;

 4         (i)  Coordinate all federal, state, and local programs

 5  pertaining to migrant laborers;

 6         (j)  Cooperate with the Agency for Workforce Innovation

 7  farm labor office of the Department of Business and

 8  Professional Regulation in the recruitment and referral of

 9  migrant laborers and other persons for the planting,

10  cultivation, and harvesting of agricultural crops in Florida.

11         Section 2.  Section 450.201, Florida Statutes, is

12  amended to read:

13         450.201  Legislative Commission on Migrant and Seasonal

14  Labor; membership; filling vacancies.--

15         (1)  There is created a permanent joint committee of

16  the Florida Legislature to be known as the Legislative

17  Commission on Migrant and Seasonal Labor, to be composed of

18  three members of the Senate, appointed by the President of the

19  Senate, and three members of the House of Representatives,

20  appointed by the Speaker of the House. One member from each

21  house shall be a member of the minority party. Any vacancy in

22  the commission shall be filled by the respective presiding

23  officer from the membership of the legislative body from which

24  the vacancy occurred. However, a member who ceases to be a

25  member of the legislative body from which appointed shall

26  continue to be a member of the commission until the next

27  succeeding regular session of the Legislature, at which the

28  commission shall render its report to the Legislature.

29         (2)  Initial appointments must be made no later than

30  March 1, 2005.

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (3)  The commission shall hold its first meeting no

 2  later than July 1, 2005.

 3         Section 3.  Section 450.211, Florida Statutes, is

 4  amended to read:

 5         450.211  Advisory committee; membership.--The

 6  Legislative Commission on Migrant and Seasonal Labor is

 7  authorized and directed to establish an advisory committee,

 8  which shall contain the following membership:

 9         (1)  One nonvoting member representing the Department

10  of Community Affairs;

11         (2)  One nonvoting member representing the Department

12  of Health;

13         (3)  One nonvoting member representing the Department

14  of Agriculture and Consumer Services;

15         (4)  One nonvoting member representing the Department

16  of Education;

17         (5)  One member representing the Florida Farm Bureau

18  Federation;

19         (6)  One member representing the United Farm Workers,

20  AFL-CIO Florida State Federated Labor Council;

21         (7)  One member representing the Florida Fruit and

22  Vegetable Association;

23         (8)  One member representing the Florida Citrus Mutual

24  Citrus Industrial Council;

25         (9)  One nonvoting member representing the Executive

26  Office of the Governor Florida Sugar Cane League;

27         (10)  One member representing the Farmworker

28  Association of Florida;

29         (11)  One member representing a nonprofit entity that

30  provides social services for migrant workers;

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (12)  One member representing migrant nonprofit housing

 2  interests;

 3         (13)  One nonvoting member representing the Department

 4  of Business and Professional Regulation;

 5         (14)  One nonvoting member representing the Agency for

 6  Workforce Innovation;

 7         (15)  One nonvoting member representing the Department

 8  of Children and Family Services;

 9         (16)  One member representing Farmworker Self-Help; and

10         (17)  One member representing the Farm Labor Organizing

11  Committee. Not fewer than two or more than four other persons

12  selected and appointed by the commission.

13         Section 4.  Section 450.231, Florida Statutes, is

14  amended to read:

15         450.231  Annual reports to Legislature.--The commission

16  shall report its findings, recommendations, and proposed

17  legislation to each regular session of the Legislature no

18  later than February 1 of each year, beginning in 2006.

19         Section 5.  Section 450.27, Florida Statutes, is

20  amended to read:

21         450.27  Short title.--This part may be cited as the

22  "Farm Labor Contractor Registration Law."

23         Section 6.  Section 450.271, Florida Statutes, is

24  amended to read:

25         450.271  State administration of the Migrant and

26  Seasonal Agricultural Worker Protection Act.--The Department

27  of Business and Professional Regulation Labor and Employment

28  Security may enter into agreements with the Secretary of Labor

29  of the United States to authorize the department to administer

30  within the State of Florida the provisions of the Migrant and

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  Seasonal Agricultural Worker Protection Act of 1983, as

 2  amended.

 3         Section 7.  Subsections (5) and (6) are added to

 4  section 450.28, Florida Statutes, to read:

 5         450.28  Definitions.--

 6         (5)  "Minor violation" means a violation of a specific

 7  statute or rule which does not present an imminent threat to

 8  the health or welfare of an employee of a farm labor

 9  contractor.

10         (6)  "Major violation" means a violation of a specific

11  state or federal statute or rule which presents an imminent

12  threat to the health, safety, or welfare of an employee of a

13  farm labor contractor.

14         Section 8.  Subsections (6) and (7) of section 450.30,

15  Florida Statutes, are amended to read:

16         450.30  Requirement of certificate of registration;

17  education and examination program.--

18         (6)  The department shall require an applicant for

19  renewal of a certificate of registration to retake the

20  examination only if:

21         (a)  During the prior certification period, the

22  department issued a final order assessing a civil monetary

23  penalty for a major violation of this part or revoked or

24  refused to renew or issue a certificate of registration; or

25         (b)  The department determines that new requirements

26  related to the duties and responsibilities of a farm labor

27  contractor necessitate a new examination.

28         (7)  The department shall charge each applicant a $35

29  fee for the education and examination program. Such fees shall

30  be deposited in the Professional Regulation Crew Chief

31  Registration Trust Fund.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         Section 9.  Subsections (1) and (2) of section 450.31,

 2  Florida Statutes, are amended and subsections (5) and (6) are

 3  added to that section, to read:

 4         450.31  Issuance, revocation, and suspension of, and

 5  refusal to issue or renew, certificate of registration.--

 6         (1)  The department shall not issue to any person a

 7  certificate of registration as a farm labor contractor, nor

 8  shall it renew such certificate, until:

 9         (a)  Such person has executed a written application

10  therefor in a form and pursuant to regulations prescribed by

11  the department and has submitted such information as the

12  department may prescribe.

13         (b)  Such person has obtained and holds a valid federal

14  certificate of registration as a farm labor contractor, or a

15  farm labor contractor employee, unless exempt by federal law.

16         (c)  Such person pays to the department, by cashier's

17  check in cash, certified check, or money order, a

18  nonrefundable application fee of $125 $75. Fees collected by

19  the department under this subsection shall be deposited in the

20  State Treasury into the Professional Regulation Crew Chief

21  Registration Trust Fund, which is hereby created, and shall be

22  used utilized for administration of this part.

23         (d)  Such person has successfully taken and passed the

24  farm labor contractor examination.

25         (e)  Such person has designated an agent to receive

26  service of process and other official or legal documents.  The

27  agent must be available during regular business hours, Monday

28  through Friday, to accept service on behalf of the farm labor

29  contractor.

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (2)  The department may revoke, suspend, or refuse to

 2  issue or renew any certificate of registration when it is

 3  shown that the farm labor contractor has:

 4         (a)  Violated or failed to comply with any provision of

 5  this part or the rules adopted pursuant to this part; s.

 6  450.36.

 7         (b)  Made any misrepresentation or false statement in

 8  his or her application for a certificate of registration;.

 9         (c)  Given false or misleading information concerning

10  terms, conditions, or existence of employment to persons who

11  are recruited or hired to work on a farm;.

12         (d)  Been assessed, by the department, a civil fine for

13  which payment is overdue;

14         (e)  Failed to pay unemployment compensation taxes as

15  determined by the Agency for Workforce Innovation;

16         (f)  Been denied, or had suspended or revoked, a

17  federal certificate of registration as a farm labor

18  contractor; or

19         (g)  Failed to pay federal employee taxes as determined

20  by the Internal Revenue Service.

21         (5)  The department may permanently revoke or refuse to

22  issue or renew a certificate of registration if the applicant

23  or certificate holder has been convicted within the preceding

24  5 years of:

25         (a)  A crime under state or federal law:

26         1.  Relating to gambling or the sale, distribution, or

27  possession of alcoholic beverages; and

28         2.  Committed in connection with, or incident to, any

29  activities involving farm labor contracting; or

30         (b)  A felony under state or federal law involving

31  robbery, bribery, extortion, embezzlement, grand larceny,

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  burglary, arson, violation of narcotics laws, murder, rape,

 2  assault with intent to kill, assault that inflicts grievous

 3  bodily injury, prostitution, peonage, or smuggling or

 4  harboring individuals who have entered the country illegally.

 5         (6)  Receipt and acceptance of a certificate of

 6  registration as a farm labor contractor constitutes

 7  unconditional permission and acquiescence by the contractor to

 8  the inspection by department personnel of books, ledgers, and

 9  all other documents related to the performance of the

10  contractor's farm labor activities.

11         Section 10.  Section 450.321, Florida Statutes, is

12  created to read:

13         450.321  Best practices incentive program for farm

14  labor contractors.--

15         (1)  To promote compliance with this part, and to help

16  the public identify farm labor contractors who have

17  demonstrated a firm commitment to responsible and safe labor

18  practices, the department shall develop and implement a best

19  practices incentive program for farm labor contractors.

20         (2)  Farm labor contractors who seek designation as a

21  best practices farm labor contractor must meet the

22  requirements set by the department. A farm labor contractor

23  may not transfer or use without authorization a designation as

24  a best practices employer.

25         (3)  The department may enter into a partnership

26  agreement with a farm labor contractor which states the

27  responsibilities of each party to the agreement regarding the

28  requirements to receive and maintain a best practices

29  designation.  Recipients of a designation as a best practices

30  farm labor contractor may use the designation when soliciting

31  business as long as the designation remains in effect.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (4)  A designation as a best practices farm labor

 2  contractor may be revoked when the department determines that

 3  the recipient has failed to comply with a requirement

 4  established pursuant to subsection (2). When a designation is

 5  revoked, the prior recipient shall cease all use of the best

 6  practices farm labor contractor designation when soliciting

 7  business.

 8         (5)  The grant of a designation as a best practices

 9  employer is not an endorsement of the recipient by the

10  department, and may not be characterized as such an

11  endorsement.

12         (6)  The department may not be held liable in a civil

13  action for damages resulting from the granting, denying,

14  suspending, or revoking of a designation as a best practices

15  farm labor contractor.

16         (7)  The department shall establish an incentive

17  program for farm labor contractors who hold a valid best

18  practices designation.

19         Section 11.  Subsection (10) of section 450.33, Florida

20  Statutes, is amended and subsection (11) is added to that

21  section, to read:

22         450.33  Duties of farm labor contractor.--Every farm

23  labor contractor must:

24         (10)  Comply with all applicable statutes, rules, and

25  regulations of the United States and of the State of Florida

26  for the protection or benefit of labor, including, but not

27  limited to, those providing for wages, hours, fair labor

28  standards, social security, workers' compensation,

29  unemployment compensation, child labor, and transportation.

30  The department shall not suspend or revoke a certificate of

31  registration pursuant to this subsection unless:

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (a)  A court or agency of competent jurisdiction

 2  renders a judgment or other final decision that a violation of

 3  one of the laws, rules, or regulations has occurred and, if

 4  invoked, the appellate process is exhausted;

 5         (b)  An administrative hearing pursuant to ss. 120.569

 6  and 120.57 is held on the suspension or revocation and the

 7  administrative law judge finds that a violation of one of the

 8  laws, rules, or regulations has occurred and, if invoked, the

 9  appellate process is exhausted; or

10         (c)  The holder of a certificate of registration

11  stipulates that a violation has occurred or defaults in the

12  administrative proceedings brought to suspend or revoke his or

13  her registration.

14         (11)  Maintain accurate daily field records for each

15  employee actually paid by the farm labor contractor reflecting

16  the hours worked for the farm labor contractor and, if paid by

17  unit, the number of units harvested and the amount paid per

18  unit.

19         Section 12.  Subsections (4) and (5) are added to

20  section 450.34, Florida Statutes, to read:

21         450.34  Prohibited acts of farm labor contractor.--A

22  licensee may not:

23         (4)  Retaliate against any person that has filed a

24  complaint or aided an investigation pursuant to this part.

25         (5)  Contract with or employ any person acting in the

26  capacity of a farm labor contractor, or performing activities

27  defined in s. 450.28(1), when that person does not have a

28  current certificate of registration issued by the department

29  pursuant to the requirements of this part.

30         Section 13.  Section 450.35, Florida Statutes, is

31  amended to read:

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         450.35  Certain contracts prohibited.--It is unlawful

 2  for any person to contract with or employ for the employment

 3  of farm workers with any farm labor contractor as defined in

 4  this act, for matters relating to farm labor, until the labor

 5  contractor displays to him or her a current certificate of

 6  registration issued by the department pursuant to the

 7  requirements of this part. A violation of this section is

 8  subject to the penalties provided for violations in s.

 9  450.38(1).

10         Section 14.  Section 450.37, Florida Statutes, is

11  amended to read:

12         450.37  Cooperation with state and federal

13  agencies.--The department shall, whenever appropriate,

14  cooperate with any federal agency. The department may

15  cooperate with and enter into agreements with any other state

16  agency to administer this chapter or secure uniform rules.

17         Section 15.  Section 450.38, Florida Statutes, is

18  amended to read:

19         450.38  Enforcement of farm labor contractor laws.--

20         (1)  Any person, firm, association, or corporation not

21  excluded under s. 450.29 which commits a minor violation who

22  violates any provision of this part commits a misdemeanor of

23  the second degree, punishable as provided in s. 775.082 or s.

24  775.083.

25         (2)  Any person, firm, association, or corporation that

26  commits a major violation of this part commits a felony of the

27  third degree, punishable as provided in s. 775.082, s.

28  775.083, or s. 775.084.

29         (3)(2)  Any person, firm, association, or corporation

30  that who, on or after June 19, 1985, commits a violation of

31  this part or of any rule adopted thereunder may be assessed a

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  civil penalty of not more than $2,500 $1,000 for each such

 2  violation. Such assessed penalties shall be paid by cashier's

 3  check in cash, certified check, or money order and shall be

 4  deposited into the General Revenue Fund. The department shall

 5  not institute or maintain any administrative proceeding to

 6  assess a civil penalty under this subsection when the

 7  violation is the subject of a criminal indictment or

 8  information under this section which results in a criminal

 9  penalty being imposed, or of a criminal, civil, or

10  administrative proceeding by the United States government or

11  an agency thereof which results in a criminal or civil penalty

12  being imposed. The department may adopt rules prescribing the

13  criteria to be used to determine the amount of the civil

14  penalty and to provide notification to persons assessed a

15  civil penalty under this section.

16         (4)(3)  Upon a complaint of the department being filed

17  in the circuit court of the county in which the farm labor

18  contractor resides or may be doing business, any farm labor

19  contractor who fails to obtain a certificate of registration

20  as required by this part may, in addition to such penalties,

21  be enjoined from engaging in any activity which requires the

22  farm labor contractor to possess a certificate of

23  registration.

24         (5)(4)  For the purpose of any investigation or

25  proceeding conducted by the department, the secretary of the

26  department or the secretary's designee shall have the power to

27  administer oaths, take depositions, make inspections when

28  authorized by statute, issue subpoenas which shall be

29  supported by affidavit, serve subpoenas and other process, and

30  compel the attendance of witnesses and the production of

31  books, papers, documents, and other evidence. The secretary of

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  the department or the secretary's designee shall exercise this

 2  power on the secretary's own initiative.

 3         (6)  A farm labor contractor who commits a minor

 4  violation of this part shall be issued a warning for the first

 5  violation.  A civil penalty in increments of at least $250 may

 6  be assessed for each successive violation of a specific

 7  statute or rule of this part within a 2-year period from the

 8  date of the first violation, to a maximum of $2,500.  The

 9  department may revoke the certificate of registration for a

10  farm labor contractor who commits an additional minor

11  violation after reaching the $2,500 maximum amount of a

12  cumulative fine authorized in this subsection.

13         (7)  A farm labor contractor who commits a major

14  violation of a specific statute or rule may be assessed a

15  civil penalty of at least $750 for the first violation.  A

16  contractor that commits another major violation of a specific

17  statute or rule within 2 years after the first violation may

18  be assessed at least $1,500 for the second violation, and no

19  more than $2,500 for the third violation.  The department may

20  revoke the certificate of registration of a farm labor

21  contractor who commits a major violation of a specific statute

22  or rule four times within 2 years.

23         Section 16.  Section 450.39, Florida Statutes, is

24  created to read:

25         450.39  Prohibition against required purchase;

26  prohibition against excessive charges.--

27         (1)  A farm labor contractor may not require that a

28  farmworker purchase goods or services solely from that farm

29  labor contractor or from a person acting as an agent for that

30  farm labor contractor.

31  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (2)  A farm labor contractor may not charge a

 2  farmworker more than a reasonable cost for any commodity,

 3  including housing, food, water, or other consumables in

 4  accordance with 29 C.F.R. s. 531.3. As used in this

 5  subsection, the term "reasonable cost" does not include a

 6  profit to the farm labor contractor or to any other person

 7  acting as an agent for the farm labor contractor.

 8         Section 17.  Subsections (1) and (6) of section

 9  381.0087, Florida Statutes, are amended, and subsection (9) is

10  added to that section, to read:

11         381.0087  Enforcement; citations.--

12         (1)  Department personnel or crew chief compliance

13  officers employed by the Bureau of Compliance of the Florida

14  Department of Labor and Employment Security may issue

15  citations that contain an order of correction or an order to

16  pay a fine, or both, for violations of ss. 381.008-381.00895

17  or the field sanitation facility rules adopted by the

18  department when a violation of those sections or rules is

19  enforceable by an administrative or civil remedy, or when a

20  violation of those sections or rules is a misdemeanor of the

21  second degree. A citation issued under this section

22  constitutes a notice of proposed agency action. The recipient

23  of a citation for a major deficiency, as defined by rule of

24  the department, will be given a maximum of 48 hours to make

25  satisfactory correction or demonstrate that provisions for

26  correction are satisfactory.

27         (6)  Any person who willfully refuses to sign and

28  accept a citation issued by the department commits or the

29  Department of Labor and Employment Security is guilty of a

30  misdemeanor of the second degree, punishable as provided in s.

31  775.082 or s. 775.083.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (9)  When the department suspects that a law has been

 2  violated it shall notify the entity that enforces that law.

 3         Section 18.  Subsection (8) of section 381.008, Florida

 4  Statutes, is amended to read:

 5         381.008  Definitions of terms used in ss.

 6  381.008-381.00897.--As used in ss. 381.008-381.00897, the

 7  following words and phrases mean:

 8         (8)  "Residential migrant housing"--A building,

 9  structure, mobile home, barracks, or dormitory, and any

10  combination thereof on adjacent property which is under the

11  same ownership, management, or control, and the land

12  appertaining thereto, that is rented or reserved for occupancy

13  by five or more seasonal or migrant farmworkers, except:

14         (a)  Housing furnished as an incident of employment.

15         (b)  A single-family residence or mobile home dwelling

16  unit that is occupied only by a single family and that is not

17  under the same ownership, management, or control as other

18  farmworker housing to which it is adjacent or contiguous.

19         (c)  A hotel, motel, or resort condominium, as defined

20  in chapter 509, that is furnished for transient occupancy.

21         (d)  Any housing owned or operated by a public housing

22  authority except for housing which is specifically provided

23  for persons whose principal income is derived from

24  agriculture.

25         Section 19.  Subsections (1) and (2) of section

26  381.0086, Florida Statutes, are amended, and subsection (6) is

27  added to that section, to read:

28         381.0086  Rules; variances; penalties.--

29         (1)  The department shall adopt rules necessary to

30  protect the health and safety of migrant farm workers and

31  other migrant labor camp or residential migrant housing

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  occupants, including rules governing field sanitation

 2  facilities.  These rules must include definitions of terms,

 3  provisions relating to plan review of the construction of new,

 4  expanded, or remodeled camps or residential migrant housing,

 5  sites, buildings and structures, personal hygiene facilities,

 6  lighting, sewage disposal, safety, minimum living space per

 7  occupant, bedding, food equipment, food storage and

 8  preparation, insect and rodent control, garbage, heating

 9  equipment, water supply, maintenance and operation of the

10  camp, housing, or roads, and such other matters as the

11  department finds to be appropriate or necessary to protect the

12  life and health of the occupants. Housing operated by a public

13  housing authority is exempt from the provisions of any

14  administrative rule that conflicts with or is more stringent

15  than the federal standards applicable to the housing.

16         (2)  Except when prohibited as specified in subsection

17  (6), an owner or operator may apply for a permanent structural

18  variance from the department's rules by filing a written

19  application and paying a fee set by the department, not to

20  exceed $100.  This application must:

21         (a)  Clearly specify the standard from which the

22  variance is desired;

23         (b)  Provide adequate justification that the variance

24  is necessary to obtain a beneficial use of an existing

25  facility and to prevent a practical difficulty or unnecessary

26  hardship; and

27         (c)  Clearly set forth the specific alternative

28  measures that the owner or operator has taken to protect the

29  health and safety of occupants and adequately show that the

30  alternative measures have achieved the same result as the

31  standard from which the variance is sought.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (6)  For the purpose of filing an interstate clearance

 2  order with the Agency for Workforce Innovation, if the housing

 3  is covered by 20 C.F.R., part 654, subpart E, the structural

 4  variance referred to in subsection (2) is prohibited.

 5         Section 20.  Section 487.011, Florida Statutes, is

 6  amended to read:

 7         487.011  Short title; administration.--This part

 8  chapter may be cited as the "Florida Pesticide Law" and shall

 9  be administered by the Department of Agriculture and Consumer

10  Services.

11         Section 21.  Section 487.012, Florida Statutes, is

12  amended to read:

13         487.012  Declaration of purpose.--The purpose of this

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

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

16  protect people and the environment from the adverse effects of

17  pesticides.

18         Section 22.  Subsections (31), (45), and (57) of

19  section 487.021, Florida Statutes, are amended to read:

20         487.021  Definitions.--For the purpose of this chapter:

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

22  pesticide as determined by the rules promulgated pursuant to

23  this part chapter.

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

25  taken by the department in accordance with the provisions of

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

27  and designated as official by the department.

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

29  pesticide pursuant to the provisions of this part chapter.

30         Section 23.  Subsection (2) of section 487.025, Florida

31  Statutes, is amended to read:

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         487.025  Misbranding.--

 2         (2)  A pesticide is misbranded if:

 3         (a)  It is an imitation of, or is offered for sale

 4  under the name of, another pesticide.

 5         (b)  Its labeling bears any reference to registration

 6  under this part chapter.

 7         (c)  The labeling accompanying it does not contain

 8  instructions for use which are necessary and, if complied

 9  with, adequate for the protection of the public.

10         (d)  The label does not contain a warning or caution

11  statement which may be necessary and, if complied with,

12  adequate to prevent injury to living humans and other

13  vertebrate animals.

14         (e)  The label does not bear an ingredient statement on

15  that part of the immediate container, and on the outside

16  container or wrapper, if there is one, through which the

17  ingredient statement on the immediate container cannot be

18  clearly read, of the retail package which is presented or

19  displayed under customary conditions of purchase.

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

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

22  labeling is not prominently placed thereon with such

23  conspicuousness, as compared with other words, statements,

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

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

26  ordinary individual under customary conditions of purchase and

27  use.

28         (g)  It is injurious to living humans or other

29  vertebrate animals or vegetation, except weeds, to which it is

30  applied, or to the person applying such pesticide as directed

31  or in accordance with commonly recognized practice.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (h)  In the case of a plant regulator, defoliant, or

 2  desiccant, when used as directed, it is injurious to living

 3  humans or other vertebrate animals, or vegetation, to which it

 4  is applied, or to the person applying such pesticide.

 5  However, physical or physiological effects on plants or parts

 6  thereof shall not be deemed to be injury when this is the

 7  purpose for which the plant regulator, defoliant, or desiccant

 8  was applied in accordance with the label claims and

 9  recommendations.

10         (i)  Any ingredient which is present in amounts which

11  are not likely to be effective when used according to

12  directions is given undue prominence or conspicuousness, as

13  compared with ingredients which are present in effective

14  amounts, in its labeling.  Such ingredient shall appear only

15  in the ingredient statement.

16         (j)  It is found to be ineffective when tested in the

17  laboratory.

18         (k)  It is found by the department to be of short

19  measure.

20         Section 24.  Subsections (2), (4), (5), and (13) of

21  section 487.031, are amended to read:

22         487.031  Prohibited acts.--It is unlawful:

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

24  state any pesticide or product which has not been registered

25  pursuant to the provisions of this part chapter, except

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

27  accordance with the provisions of federal or state

28  restriction, supervision, or cancellation orders or other

29  existing stock agreements.

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

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

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

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

 4  chapter.

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

 6  or to reveal any information relative to formulas of products

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

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

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

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

11  use in the preparation of antidotes. The information relative

12  to formulas of products is confidential and exempt from the

13  provisions of s. 119.07(1).

14         (13)  For any person to:

15         (a)  Make a false or fraudulent claim through any

16  medium, misrepresenting the effect of materials or methods

17  used;

18         (b)  Make a pesticide recommendation or application not

19  in accordance with the label, except as provided in this

20  section, or not in accordance with recommendations of the

21  United States Environmental Protection Agency or not in

22  accordance with the specifications of a special local need

23  registration;

24         (c)  Operate faulty or unsafe equipment;

25         (d)  Operate in a faulty, careless, or negligent

26  manner;

27         (e)  Apply any pesticide directly to, or in any manner

28  cause any pesticide to drift onto, any person or area not

29  intended to receive the pesticide;

30         (f)  Fail to disclose to an agricultural crop grower,

31  prior to the time pesticides are applied to a crop, full

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  information regarding the possible harmful effects to human

 2  beings or animals and the earliest safe time for workers or

 3  animals to reenter the treated field;

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

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

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

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

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

 9  required;

10         (i)  Make false or fraudulent records, invoices, or

11  reports;

12         (j)  Use fraud or misrepresentation in making an

13  application for a license or license renewal;

14         (k)  Refuse or neglect to comply with any limitations

15  or restrictions on or in a duly issued license;

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

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

18  conspire with a licensed or unlicensed person to evade the

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

20  by an unlicensed person;

21         (m)  Make false or misleading statements during or

22  after an inspection concerning any infestation or infection of

23  pests found on land;

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

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

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

27  the application of pesticides;

28         (o)  Impersonate any state, county, or city inspector

29  or official;

30         (p)  Fail to maintain a current liability insurance

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

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

 2  part chapter, unlicensed applicators or mixer-loaders applying

 3  restricted-use pesticides under the direct supervision of a

 4  licensed applicator; or

 5         (r)  Fail to provide authorized representatives of the

 6  department with records required by this part chapter or with

 7  free access for inspection and sampling of any pesticide,

 8  areas treated with or impacted by these materials, and

 9  equipment used in their application.

10         Section 25.  Subsections (2), (3), and (8) of section

11  487.041, Florida Statutes, are amended to read:

12         487.041  Registration.--

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

14  department in connection with carrying out the provisions of

15  this part chapter, each person shall pay an annual

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

17  annual registration fee for each special local need label and

18  experimental use permit shall be $100. All registrations

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

20  shall be construed as applying to distributors or retail

21  dealers selling pesticides when such pesticides are registered

22  by another person.

23         (3)  The department shall adopt rules governing the

24  procedures for pesticide registration and for the review of

25  data submitted by an applicant for registration of a

26  pesticide. The department shall determine whether a pesticide

27  should be registered, registered with conditions, or tested

28  under field conditions in this state. The department shall

29  determine that all requests for pesticide registrations meet

30  the requirements of current state and federal law. The

31  department, whenever it deems it necessary in the

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  administration of this part chapter, may require the

 2  manufacturer or registrant to submit the complete formula,

 3  quantities shipped into or manufactured in the state for

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

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

 6  review and evaluate a registered pesticide if new information

 7  is made available which indicates that use of the pesticide

 8  has caused an unreasonable adverse effect on public health or

 9  the environment. Such review shall be conducted upon the

10  request of the secretary of the Department of Health in the

11  event of an unreasonable adverse effect on public health or

12  the secretary of the Department of Environmental Protection in

13  the event of an unreasonable adverse effect on the

14  environment. Such review may result in modifications,

15  revocation, cancellation, or suspension of a pesticide

16  registration. The department, for reasons of adulteration,

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

18  registration of any pesticide, after notice to the applicant

19  or registrant giving the reason for the decision. The

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

21  on the intention of the department to refuse or revoke

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

23  refusal or revocation shall become final without further

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

25  construed as a defense for the commission of any offense

26  prohibited under this part chapter.

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

28  the department to administer the pesticide registration

29  program under this part chapter or the authority of the

30  Commissioner of Agriculture to approve the registration of a

31  pesticide.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         Section 26.  Section 487.0435, Florida Statutes, is

 2  amended to read:

 3         487.0435  License classification.--The department shall

 4  issue certified applicator licenses in the following

 5  classifications: certified public applicator; certified

 6  private applicator; and certified commercial applicator. In

 7  addition, separate classifications and subclassifications may

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

 9  carry out the provisions of this part chapter. Each

10  classification shall be subject to requirements or testing

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

12  be restricted to the activities within the scope of the

13  respective classification as established in statute or by

14  rule. In specifying classifications, the department may

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

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

17  public, or private applicator status.

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

19  pesticide.

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

21  pesticides are applied.

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

23  which restricted-use pesticides are applied.

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

25         (6)  The pounds of technical restricted toxicant

26  applied per acre per year by the licensee.

27         Section 27.  Section 487.045, Florida Statutes, is

28  amended to read:

29         487.045  Fees.--

30         (1)  The department shall establish applicable fees by

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

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  applicators or $100 for private applicators and public

 2  applicators, for initial licensing and for each subsequent

 3  license renewal. The fees shall be determined annually and

 4  shall represent department costs associated with enforcement

 5  of the provisions of this part chapter.

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

 7  chapter shall be deposited into the General Inspection Trust

 8  Fund and shall be used to defray expenses in the

 9  administration of this chapter.

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

11  Statutes, is amended to read:

12         487.046  Application; licensure.--

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

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

15  the applicant applying for a license to engage in aerial

16  application of pesticides has met all of the requirements of

17  the Federal Aviation Agency and the Department of

18  Transportation of this state to operate the equipment

19  described in the application and has shown proof of liability

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

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

22  certified applicator's license, limited to the classifications

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

24  as required by rules promulgated under this part chapter,

25  unless it has been revoked or suspended by the department

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

27  chapter. The license or authorization card issued by the

28  department verifying licensure shall be kept on the person of

29  the licensee while performing work as a licensed applicator.

30         Section 29.  Section 487.047, Florida Statutes, is

31  amended to read:

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         487.047  Nonresident license; reciprocal agreement;

 2  authorized purchase.--

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

 4  examination requirements provided for in this part chapter on

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

 6  Indian tribe, that has substantially the same or better

 7  standards.

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

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

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

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

12  event of any suit against the nonresident. The designation

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

14  shall render effective the jurisdiction of the courts of this

15  state over the nonresident applicant. However, any nonresident

16  who has a duly appointed registered agent upon whom process

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

18  designate the Secretary of State as registered agent. The

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

20  as provided by law for designating registered agents. The

21  department shall be furnished with a copy of the designation

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

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

24  shall notify the department of any service of process it

25  receives as registered agent for persons licensed under this

26  part chapter.

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

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

29  valid purchase authorization card issued by the department or

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

31  person may apply restricted-use pesticides under the direct

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

 3  accordance with the requirements of this part chapter.

 4         Section 30.  Subsection (1) of section 487.049, Florida

 5  Statutes, is amended to read:

 6         487.049  Renewal; late fee; recertification.--

 7         (1)  The department shall require renewal of a

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

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

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

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

12  the penalty shall not apply if the renewal application is

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

14  applicant furnishes an affidavit certifying that he or she has

15  not engaged in business subsequent to the expiration of the

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

17  renewed without taking another examination unless the

18  department determines that new knowledge related to the

19  classification for which the applicant has applied makes a new

20  examination necessary; however, the department may require the

21  applicant to provide evidence of continued competency, as

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

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

24  required to take another examination, unless there is some

25  unavoidable circumstance which results in the delay of the

26  renewal of any license issued under this part chapter which

27  was not under the applicant's control.

28         Section 31.  Section 487.051, Florida Statutes, is

29  amended to read:

30         487.051  Administration; rules; procedure.--

31         (1)  The department may by rule:

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

 3  animals, articles, or substances.

 4         (b)  Establish procedures for the taking and handling

 5  of samples and establish tolerances and deficiencies where not

 6  specifically provided for in this part chapter; assess

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

 8  devices shown to be detrimental to human beings, the

 9  environment, or agriculture or to be otherwise of questionable

10  value.

11         (c)  Determine whether pesticides, and quantities of

12  substances contained in pesticides, are injurious to the

13  environment. The department shall be guided by the United

14  States Environmental Protection Agency regulations in this

15  determination.

16         (d)  Establish requirements governing aircraft used for

17  the aerial application of pesticides, including requirements

18  for recordkeeping, annual aircraft registration, secure

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

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

21  such aircraft to another person.

22         (e)  Establish requirements governing the secure

23  storage of pesticides used by aerial pesticide applicators.

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

25  primary standards established by the United States

26  Environmental Protection Agency with respect to pesticides. If

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

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

29  chapter is intended as comprehensive and exclusive regulation

30  of pesticides in this state. Except as provided in chapters

31  373, 376, 388, 403, and 482, or as otherwise provided by law,

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  no agency, commission, department, county, municipality, or

 2  other political subdivision of the state may adopt laws,

 3  regulations, rules, or policies pertaining to pesticides,

 4  including their registration, packaging, labeling,

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

 6  may adopt or enforce an ordinance pertaining to pesticides if

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

 8  building and zoning regulations, disposal or spillage of

 9  pesticides within a water well zone, or pesticide safety

10  regulations relating to containment at the storage site.

11         Section 32.  Subsection (4) of section 487.0615,

12  Florida Statutes, is amended to read:

13         487.0615  Pesticide Review Council.--

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

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

16  proceeding conducted by the department relating to the

17  registration of a pesticide under this part chapter. The

18  standing of the council shall in no way prevent individual

19  members of the council from exercising standing in these

20  matters.

21         Section 33.  Subsections (1), (2), (3), (4), (6), and

22  (7) of section 487.071, Florida Statutes, are amended to read:

23         487.071  Enforcement, inspection, sampling, and

24  analysis.--

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

26  public or private premises or carrier where pesticides are

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

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

29  performance of its duties relating to pesticides and records

30  pertaining to pesticides. No person shall deny or refuse

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

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  public or private premises or carrier during business hours in

 2  performance of its duties under this part chapter.

 3         (2)  The department is authorized and directed to

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

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

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

 7  to determine whether the pesticides or persons exercising

 8  control over the pesticides are in compliance with the

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

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

11  labeling.

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

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

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

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

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

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

18  of the certificate of analysis shall be mailed to the

19  registrant of the pesticide from whom the official sample was

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

21  if known. If the official analysis conforms with the

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

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

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

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

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

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

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

29  the pesticide from whom the official sample was taken makes

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

31  official check sample sufficient for analysis shall be sent to

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  a referee chemist who is mutually acceptable to the department

 2  and the registrant for analysis at the expense of the

 3  registrant. Upon completion of the analysis, the referee

 4  chemist shall forward to the department and to the registrant

 5  a certificate of analysis bearing a proper identification mark

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

 7  by an affidavit of the person or laboratory making the

 8  analysis. If the certificate of analysis checks within 3

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

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

11  analyses shall be accepted as final and binding on all

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

13  shows a variation of greater than 3 percent from the

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

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

16  either the department or the registrant from whom the official

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

18  sufficient for analysis shall be submitted to a second referee

19  chemist who is mutually acceptable to the department and the

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

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

22  second referee chemist shall make a certificate and report as

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

24  mean average of the two analyses nearest in conformity shall

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

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

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

28  final and binding on all concerned.

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

30  provisions of this part chapter with reference to the

31  ingredient statement reflecting the composition of the

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

 2  department contemplates possible criminal proceedings against

 3  the person responsible because of this violation, the

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

 5  informal hearing or an opportunity to present evidence and

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

 7  contemplated proceedings. If in the opinion of the department

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

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

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

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

12  shall be construed as requiring the department to report for

13  prosecution minor violations whenever it believes that the

14  public interest will be subserved by a suitable notice of

15  warning in writing.

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

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

18  entered in actions instituted under the authority of this part

19  chapter.

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

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

22         (b)  The department shall establish by rule a fee

23  schedule for pesticide samples analyzed upon request.  The

24  fees shall be sufficient to cover the costs to the department

25  for taking the samples and performing the analysis.  However,

26  no fee shall exceed $400 per test.

27         (c)  The department shall keep separate records with

28  respect to requested pesticide analyses, including the

29  pesticide analyzed, tests performed, fees collected, the name

30  and address of the person who requested the analysis, and the

31  name and address of the registrant.

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         (d)  All fees collected pursuant to this subsection

 2  shall be deposited into the General Inspection Trust Fund and

 3  shall be used by the department to implement this subsection.

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

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

 6  adulterated, misbranded, or otherwise deficient shall

 7  reimburse the person requesting the pesticide analysis under

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

 9  department.

10         Section 34.  Subsections (2), (3), and (4) of section

11  487.081, Florida Statutes, are amended to read:

12         487.081  Exemptions.--

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

14  part chapter when intended solely for export to a foreign

15  country and when prepared or packed according to the

16  specifications or directions of the purchaser.

17         (3)  Notwithstanding any other provision of this part

18  chapter, registration required under this part chapter is not

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

20  manufacturing plant within this state to another manufacturing

21  plant within this state operated by the same person.

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

23  apply to persons duly licensed or certified under chapter 388

24  or chapter 482 performing any pest control or other operation

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

26         Section 35.  Subsection (2) of section 487.091, Florida

27  Statutes, is amended to read:

28         487.091  Tolerances, deficiencies, and penalties.--

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

30  deficient in an active ingredient beyond the tolerance as

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

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

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

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

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

 6  specifies that the product should be used by an expiration

 7  date that has passed. Procedures for assessing penalties shall

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

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

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

11  not paid within the prescribed period of time as established

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

13  registration of any pesticide.

14         Section 36.  Section 487.101, Florida Statutes, is

15  amended to read:

16         487.101  Stop-sale, stop-use, removal, or hold

17  orders.--

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

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

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

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

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

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

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

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

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

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

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

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

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

31  interfering with the pesticide or device or from altering,

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

 3  provisions is a misdemeanor, subjecting the violator to the

 4  penalty provisions of this part chapter.

 5         (3)  The department shall release the pesticide or

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

 7  when the owner or custodian complies with the provisions of

 8  this part chapter.

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

10  supervision of the department, may relabel the pesticide or

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

12  transfer and return the product to the manufacturer or

13  supplier for the purpose of bringing the product in compliance

14  with the provisions of this part chapter.

15         Section 37.  Subsection (1) of section 487.111, Florida

16  Statutes, is amended to read:

17         487.111  Seizure, condemnation, and sale.--

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

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

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

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

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

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

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

25  instance shall the disposition of the pesticide or device be

26  ordered by the court without first giving the owner or

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

28  the pesticide or device or for permission to process or

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

30         Section 38.  Section 487.13, Florida Statutes, is

31  amended to read:

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         487.13  Cooperation.--The department is authorized and

 2  empowered to cooperate with and enter into agreements with any

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

 4  Agriculture, the United States Environmental Protection

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

 6  of carrying out the provisions of this part chapter and

 7  securing uniformity of regulations.

 8         Section 39.  Section 487.156, Florida Statutes, is

 9  amended to read:

10         487.156  Governmental agencies.--All governmental

11  agencies shall be subject to the provisions of this part

12  chapter and rules adopted under this part chapter. Public

13  applicators using or supervising the use of restricted-use

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

15  487.044.

16         Section 40.  Subsection (1) of section 487.159, Florida

17  Statutes, is amended to read:

18         487.159  Damage or injury to property, animal, or

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

20  failure to file.--

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

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

23  file with the department a written statement claiming damages,

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

25  the damage or injury becomes apparent. The statement shall

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

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

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

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

30  alleged that the damages occurred. The department shall

31  investigate the alleged damages and notify all concerned

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

 2  the provisions of this part chapter, the department shall

 3  determine an appropriate penalty, as provided in this part

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

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

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

 7  statement shall not be considered any bar to the maintenance

 8  of any criminal or civil action.

 9         Section 41.  Section 487.161, Florida Statutes, is

10  amended to read:

11         487.161  Exemptions, nonagricultural pest control and

12  research.--

13         (1)  Any person duly licensed or certified under

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

15  exempted from the licensing provisions of this part chapter.

16         (2)  The use of the antibiotic oxytetracycline

17  hydrochloride for the purpose of controlling lethal yellowing

18  is exempted from the licensing provisions of this part

19  chapter.

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

21  industrial research agencies are exempted from the provisions

22  of this part chapter when doing applied research within a

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

24  part chapter when applying restricted-use pesticides to

25  experimental or demonstration plots.

26         Section 42.  Section 487.163, Florida Statutes, is

27  amended to read:

28         487.163  Information; interagency cooperation.--

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

30  University of Florida or other agencies of government, publish

31  information and conduct short courses of instruction in the

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  safe use and application of pesticides for the purpose of

 2  carrying out the provisions of this part chapter.

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

 4  agreements with any other agency or educational institution of

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

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

 7  out the provisions of this part chapter and of securing

 8  uniformity of regulations.

 9         Section 43.  Subsections (1), (2), and (3) of section

10  487.171, Florida Statutes, are amended to read:

11         487.171  Classification of antifouling paint containing

12  organotin compounds as restricted-use pesticides; prohibition

13  of distribution and sale.--

14         (1)  The department shall classify antifouling paints

15  containing organotin compounds having an acceptable release

16  rate as restricted-use pesticides subject to the requirements

17  of this part chapter. Antifouling paints containing organotin

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

19  ounces avoirdupois weight or less for outboard motor or lower

20  unit use are exempt from the restricted-use pesticide

21  classification requirement.

22         (2)  The department shall initiate action under chapter

23  120, to deny or cancel the registration of antifouling paints

24  containing organotin compounds which do not have an acceptable

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

26  department in accordance with this part chapter.

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

28  containing organotin compounds with acceptable release rates

29  shall be limited to dealers and applicators licensed by the

30  department in accordance with this part chapter, to

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

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

 3  aluminum hulls.

 4         Section 44.  Section 487.175, Florida Statutes, is

 5  amended to read:

 6         487.175  Penalties; administrative fine; injunction.--

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

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

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

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

11  imposing any one or more of the following penalties:

12         (a)  Denial of an application for licensure.

13         (b)  Revocation or suspension of a license.

14         (c)  Issuance of a warning letter.

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

16  specified period of time and subject to conditions the

17  department may specify by rule, including requiring the

18  licensee to attend continuing education courses, to

19  demonstrate competency through a written or practical

20  examination, or to work under the direct supervision of

21  another licensee.

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

23  $10,000 for each violation. When imposing any fine under this

24  paragraph, the department shall consider the degree and extent

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

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

27  noncompliance, whether the violation was committed willfully,

28  and the compliance record of the violator.

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

30  chapter or rules adopted pursuant thereto commits a

31  misdemeanor of the second degree and upon conviction is

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  punishable as provided in ss. 775.082 and 775.083. For a

 2  subsequent violation, such person commits a misdemeanor of the

 3  first degree and upon conviction is punishable as provided in

 4  ss. 775.082 and 775.083.

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

 6  chapter and notwithstanding the existence of any adequate

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

 8  the violation or threatened violation of any provision of this

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

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

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

12  competent and substantial evidence to the court of the

13  violation or threatened violation, the court shall immediately

14  issue the temporary or permanent injunction sought by the

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

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

17  shall be sufficient to authorize the issuance of an

18  injunction.

19         Section 45.  Subsection (1) of section 403.088, Florida

20  Statutes, is amended to read:

21         403.088  Water pollution operation permits;

22  conditions.--

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

24  department, shall discharge into waters within the state any

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

26  other sources, reduces the quality of the receiving waters

27  below the classification established for them. However, this

28  section shall not be deemed to prohibit the application of

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

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

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

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

 3  enter into interagency agreements to establish the procedures

 4  for program approval. Such agreements shall provide for public

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

 6  Approved programs must provide that only chemicals approved

 7  for the particular use by the United States Environmental

 8  Protection Agency or by the Department of Agriculture and

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

10  accordance with registered label instructions, state standards

11  for such application, and the provisions of the Florida

12  Pesticide Law, part I of chapter 487.

13         Section 46.  Subsection (1) of section 482.242, Florida

14  Statutes, is amended to read:

15         482.242  Preemption.--

16         (1)  This chapter is intended as comprehensive and

17  exclusive regulation of pest control in this state.  The

18  provisions of this chapter preempt to the state all regulation

19  of the activities and operations of pest control services,

20  including the pesticides used pursuant to labeling and

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

22  government or political subdivision of the state may enact or

23  enforce an ordinance that regulates pest control, except that

24  the preemption in this section does not prohibit a local

25  government or political subdivision from enacting an ordinance

26  regarding any of the following:

27         (a)  Local occupational licenses adopted pursuant to

28  chapter 205.

29         (b)  Land development regulations adopted pursuant to

30  chapter 163 which include regulation of any aspect of

31  development, including a subdivision, building construction,

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  sign regulation or any other regulation concerning the

 2  development of land, or landscaping or tree protection

 3  ordinances which do not include pesticide application

 4  restrictions.

 5         (c)  Regulations that:

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

 7  units, annual termite inspections for termite activity or

 8  damage, including Formosan termites, which must be performed

 9  by a person licensed under this chapter.

10         2.  Require pest control treatments of structures that

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

12  person licensed under this chapter.

13         3.  Require property owners or other persons to obtain

14  inspections or pest control treatments performed by a person

15  licensed under this chapter.

16  

17  An ordinance by a local government or political subdivision

18  which requires an annual inspection or pest control treatment

19  must conform to current law.

20         (d)  Protection of wellhead protection areas and high

21  recharge areas.

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

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

24  relating to stormwater management.

25         (f)  Hazardous material unlawful discharge and

26  disposal.

27         (g)  Hazardous materials remediation.

28         Section 47.  Paragraph (x) of subsection (1) of section

29  500.03, Florida Statutes, is amended to read:

30         500.03  Definitions; construction; applicability.--

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

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




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

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

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

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

 5  used in the production, storage, or transportation of raw

 6  agricultural commodities.

 7         Section 48.  Subsections (1) and (6) of section 570.44,

 8  Florida Statutes, are amended to read:

 9         570.44  Division of Agricultural Environmental

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

11  Agricultural Environmental Services include, but are not

12  limited to:

13         (1)  Inspecting and drawing samples of:  commercial

14  feeds offered for sale in this state and enforcing those

15  provisions of chapter 580 authorized by the department; seeds

16  offered for sale in this state and enforcing those provisions

17  of chapter 578 authorized by the department; certified seed

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

19  state and enforcing those provisions of chapter 576 authorized

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

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

22  pesticides, and enforcing those provisions of part I of

23  chapter 487 authorized by the department.

24         (6)  Analyzing samples of pesticide formulations

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

26  other environmental samples related to pesticide use

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

28         Section 49.  Part II of chapter 487, Florida Statutes,

29  consisting of sections 487.2011, 487.2021, 487.2031, 487.2041,

30  487.2051, 487.2061, and 487.2071, is created to read:

31  

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         487.2011  Part title; administration.--This part may be

 2  cited as the "Florida Agricultural Worker Safety Act" and

 3  shall be administered by the Department of Agriculture and

 4  Consumer Services.

 5         487.2021  Legislative intent.--It is the intent of the

 6  Legislature to ensure that agricultural workers employed in

 7  the state receive protection from agricultural pesticides. The

 8  Legislature intends to ensure that agricultural workers be

 9  given information concerning agricultural pesticides.

10         487.2031  Definitions.--As used in this part, the term:

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

12  or contracts for the services of workers to perform activities

13  related to the production of agricultural plants, or any

14  person who is an owner of, or is responsible for, the

15  management or condition of an agricultural establishment that

16  uses such workers.

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

18  forest, nursery, or greenhouse.

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

20  maintained for commercial or research purposes and includes,

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

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

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

24  and Consumer Services.

25         (5)  "Designated representative" means any organization

26  or person to whom a worker gives written authorization to

27  exercise the right to request agricultural pesticide

28  information pursuant to this part.

29         (6)  "Fact sheet" means an agricultural pesticide fact

30  sheet approved by the state or federal government which

31  

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  provides information about the impacts of the use of an

 2  agricultural pesticide.

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

 4  printed material concerning an agricultural pesticide which

 5  states:

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

 7  agricultural pesticide.

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

 9  agricultural pesticide, including:

10         1.  The potential for fire, explosion, corrosivity, or

11  reactivity.

12         2.  The known acute health effects and chronic health

13  effects, of exposure to the agricultural pesticide, including

14  those medical conditions which are generally recognized as

15  being aggravated by exposure to the agricultural pesticide.

16         3.  The primary routes of entry and the symptoms of

17  overexposure.

18         (c)  The proper handling practices, necessary personal

19  protective equipment, and other proper or necessary safety

20  precautions in circumstances that involve the use of or

21  exposure to the agricultural pesticide, including appropriate

22  emergency treatment in case of overexposure.

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

24  disposal, and first aid.

25         (e)  A description of the known specific potential

26  health risks posed by the agricultural pesticide, which is

27  written in lay terms and intended to alert any person who

28  reads the information.

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

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

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  telephone number of any manufacturer responsible for preparing

 2  the sheet.

 3         (8)  "Retaliatory action" means an action, such as

 4  dismissal, demotion, harassment, blacklisting with other

 5  employers, reducing pay or work hours, or taking away company

 6  housing, which is taken by an agricultural employer against a

 7  worker who exercises any right under the provisions of the

 8  United States Environmental Protection Agency Worker

 9  Protection Standard, 40 C.F.R. s. 1707(b), or this part.

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

11  workers under the pesticide safety training requirements of

12  the United States Environmental Protection Agency Worker

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

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

15  or a self-employed person, who receives any type of

16  compensation for employment that involves tasks relating to

17  the production of agricultural plants on an agricultural

18  establishment.  The term does not include any person employed

19  by a commercial pesticide handling establishment to perform

20  tasks as a crop advisor.

21         487.2041  Enforcement of federal worker protection

22  regulations.--The department shall, to the extent that

23  resources are available, continue to operate under the United

24  States Environmental Protection Agency regulations regarding

25  the Labeling Requirement for Pesticides and Devices, 40 C.F.R.

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

27  170, which the department adopted by rule during the 1995-1996

28  fiscal year and published in the Florida Administrative Code.

29  Any provision of this part not preempted by federal law shall

30  continue to apply.

31  

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1         487.2051  Availability of agricultural pesticide

 2  information to workers and medical personnel.--

 3         (1)  An agricultural employer shall make available

 4  agricultural pesticide information concerning any agricultural

 5  pesticide to any worker:

 6         (a)  Who enters an agricultural-pesticide-treated area

 7  on an agricultural establishment where:

 8         1.  An agricultural pesticide has been applied within

 9  30 days of that entry; or

10         2.  A restricted-entry interval has been in effect; or

11         (b)  Who may be exposed to the agricultural pesticide

12  during normal conditions of use or in a foreseeable emergency.

13         (2)  The agricultural pesticide information provided

14  pursuant to subsection (1) must be in the form of a fact sheet

15  or a material safety data sheet.  The agricultural employer

16  shall provide a written copy of the information provided

17  pursuant to subsection (1) within 2 working days after a

18  request for the information by a worker or a designated

19  representative.  In the case of a pesticide-related medical

20  emergency, the agricultural employer shall provide a written

21  copy of the information promptly on the request of the worker,

22  the designated representative, or medical personnel treating

23  the worker.

24         (3)  Upon the initial purchase of a product and with

25  the first purchase after the material safety data sheet is

26  updated, the distributor, manufacturer, or importer of any

27  agricultural pesticide shall obtain or develop and provide

28  each direct purchaser of an agricultural pesticide with a

29  material safety data sheet. If the material safety data sheet

30  or fact sheet for the agricultural pesticide is not available

31  when the agricultural pesticide is purchased, the agricultural

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  employer shall take appropriate and timely steps to obtain the

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

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

 4  distribution source.

 5         (4)  The department shall produce and make available to

 6  a trainer a one-page general agricultural pesticide safety

 7  sheet.  The safety sheet must be in a language understandable

 8  to the worker and must include, but need not be limited to,

 9  illustrated instructions on preventing agricultural pesticide

10  exposure and toll-free telephone numbers to the Florida Poison

11  Control Centers.  The trainer shall provide the safety sheet

12  to the worker pursuant to the United States Environmental

13  Protection Agency Worker Protection Standard, 40 C.F.R. s.

14  170.130.

15         487.2061  Prohibited acts.--Any person covered by this

16  part may not:

17         (1)  Fail to provide agricultural pesticide information

18  as required in this part; or

19         (2)  Take retaliatory action.

20         487.2071  Penalties against violators; worker relief;

21  monitoring complaints of retaliation.--

22         (1)  Penalties set forth in this part shall be applied

23  to any person who violates this part. A person who violates

24  this part is subject to federal penalties as provided in the

25  United States Environmental Protection Agency Worker

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

27         (2)  A worker who has been subject to retaliatory

28  action and seeks relief under this section may file a

29  complaint with the department.

30         (3)  In any action brought under this section which

31  involves retaliatory action, if retaliatory action is

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1  predicated on the disclosure by a worker of an illegal action,

 2  policy, or practice of any person covered by this part to an

 3  appropriate governmental agency, the worker may not be

 4  required to show that the disclosure was under oath or in

 5  writing or that the worker notified the employer in writing of

 6  the illegal action, policy, or practice.

 7         (4)  The department shall monitor all complaints of

 8  retaliation which it receives and report its findings to the

 9  President of the Senate and the Speaker of the House of

10  Representatives on or before October 1, 2008.  The report

11  shall include the number of complaints received, the

12  circumstances surrounding the complaints, and the action taken

13  concerning the complaints.

14         Section 50.  The Division of Statutory Revision is

15  requested to designate sections 487.011-487.175, Florida

16  Statutes, as part I of chapter 487, entitled the "Florida

17  Pesticide Law," and sections 487.2011-487.2071, Florida

18  Statutes, as created by this act, as part II of that chapter,

19  entitled the "Florida Agricultural Worker Safety Act."

20         Section 51.  This act shall take effect July 1, 2004.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2954
    303-2346-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2954

 3                                 

 4  The Committee Substitute for Senate Bill 2954 is different
    from Senate Bill 2954 in that it:
 5  
    1.   Renames the Legislative Commission on Migrant Labor to
 6       the Legislative Commission on Migrant and Seasonal Labor.
         Revises the membership of the Commission.
 7  
    2.   Reduces the application fee for a farm labor contractor
 8       certificate of registration from $275 to $125.

 9  3.   Makes technical corrections.

10  4.   Requires that an agricultural pesticide fact sheet or
         material safety data sheet be provided to a worker within
11       two working days rather than within two weeks after a
         request by a worker, a designated representative of the
12       worker, or medical personnel treating the worker.

13  5.   Provides that upon the initial purchase of a product and
         with the first purchase after the material safety data
14       sheet is updated, the distributor, manufacturer, or
         importer of any agricultural pesticide shall obtain or
15       develop and provide each direct purchaser of an
         agricultural pesticide with a material safety data sheet.
16  
    6.   Provides that a worker who has been subject to
17       retaliatory action and seeks relief may, rather than
         shall, file a complaint with the Department of
18       Agriculture and Consumer Services.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  55

CODING: Words stricken are deletions; words underlined are additions.