Senate Bill sb2954c3

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    Florida Senate - 2004             CS for CS for CS for SB 2954

    By the Committees on Appropriations; Commerce, Economic
    Opportunities, and Consumer Services; Agriculture; and
    Senators Alexander, Bullard, Dockery and Lynn



    309-2523-04

  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. 450.231, F.S.;

17         specifying when the commission must report to

18         the Legislature; amending s. 450.27, F.S.;

19         renaming part III of ch. 450, F.S.; amending s.

20         450.271, F.S.; substituting the Department of

21         Business and Professional Regulation for the

22         Department of Labor and Employment Security as

23         the entity authorized to administer the federal

24         Migrant and Seasonal Agricultural Worker

25         Protection Act; amending s. 450.28, F.S.;

26         defining major and minor violations; amending

27         s. 450.30, F.S.; requiring an applicant for

28         renewal of a certificate of registration as a

29         farm labor contractor to retake the competency

30         examination when convicted of or penalized for

31         committing a major violation within a specified

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 1         time; depositing certain fees received from

 2         applicants for a certificate of registration

 3         into the Professional Regulation Trust Fund;

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

 5         application fee for a certificate of

 6         registration; revising payment requirements;

 7         requiring an applicant for a certificate of

 8         registration to designate an agent to receive

 9         service of process and documents; authorizing

10         the department to revoke, suspend, or deny a

11         certificate of registration under certain

12         circumstances; providing that receipt of a

13         certification of registration constitutes

14         permission by the farm labor contractor for

15         department personnel to inspect certain

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

17         authorizing the department to develop and

18         implement a best practices incentive program

19         for farm labor contractors; authorizing the

20         department to enter a partnership agreement

21         with a contractor regarding such designation;

22         authorizing use of the designation to solicit

23         business; authorizing revocation of designation

24         and requiring cessation of use; prohibiting

25         characterization of the designation as an

26         endorsement by the department; exempting the

27         department from civil liability; authorizing

28         the department to establish an incentive

29         program for contractors holding a valid

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

31         the powers of the department regarding

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 1         revocation of a contractor's certificate of

 2         registration; adding maintenance of certain

 3         employee field records to the duties a

 4         contractor must perform; amending s. 450.34,

 5         F.S.; prohibiting a contractor from taking

 6         retaliatory action and from contracting with or

 7         employing certain persons who lack a valid

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

 9         prohibiting a person from contracting with or

10         employing a farm labor contractor without a

11         certificate of registration; providing

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

13         authorizing the department to cooperate and

14         enter into agreements with other state

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

16         the penalties imposed for violations of part

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

18         of penalties to a firm, association, or

19         corporation; increasing the maximum civil

20         penalty; authorizing civil penalties or the

21         revocation of registration if a contractor

22         commits one or more minor violations; creating

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

24         contractor from requiring a farmworker to make

25         certain purchases; prohibiting a contractor

26         from charging a farmworker more than the

27         reasonable cost for a commodity; amending s.

28         381.0087, F.S.; clarifying that a person who

29         willfully refuses a citation commits a

30         second-degree misdemeanor; requiring the

31         Department of Health to notify the enforcing

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 1         entity of suspected violations; amending s.

 2         381.008, F.S.; defining the term "residential

 3         migrant housing" to include structures rented

 4         or reserved for occupancy by seasonal workers;

 5         excluding from that definition a single-family

 6         residence or mobile home that is occupied only

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

 8         requiring the Department of Health to include

 9         certain provisions relative to plan review of

10         residential migrant housing in rules;

11         prohibiting a structural variance for the

12         purpose of filing an interstate clearance order

13         with the Agency for Workforce Innovation;

14         amending ss. 487.011, 487.012, 487.021,

15         487.025, 487.031, 487.041, 487.0435, 487.045,

16         487.046, 487.047, 487.049, 487.051, 487.0615,

17         487.071, 487.081, 487,091, 487.101, 487.111,

18         487.13, 487.156, 487.159, 487.161, 487.163,

19         487.171, 487.175, 403.088, 482.242, 500.03, and

20         570.44, F.S.; changing the term "chapter" to

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

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

23         short title; providing for administration by

24         the Department of Agriculture and Consumer

25         Services; declaring legislative intent;

26         defining terms; requiring the department to

27         continue to operate under specified federal

28         worker protection regulations; providing for

29         application unless exempted by federal law;

30         requiring an agricultural employer to make

31         pesticide information available to an

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 1         agricultural worker; authorizing requests by

 2         the worker, a designated representative, or

 3         medical personnel treating the worker;

 4         requiring the manufacturer of an agricultural

 5         pesticide to prepare a material safety data

 6         sheet; requiring provision of the data sheet to

 7         each direct purchaser; requiring the department

 8         to produce and make available a general

 9         agricultural pesticide safety sheet;

10         prohibiting an agricultural employer from

11         failing to provide required pesticide

12         information or taking retaliatory action;

13         providing penalties for an agricultural

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

15         allowing a worker who seeks relief for

16         retaliatory action to file a complaint with the

17         department; requiring that the department

18         monitor complaints of retaliation and report

19         findings to the President of the Senate and the

20         Speaker of the House of Representatives;

21         requesting the Division of Statutory Revision

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

23         providing an appropriation and authorizing

24         positions; providing an effective date.

25  

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

27  

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

29  Statutes, is amended to read:

30         450.191  Executive Office of the Governor; powers and

31  duties.--

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

 2  and directed to:

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

 4  seasonal workers and their employers as to the ways and means

 5  of improving living and working conditions of migrant and

 6  seasonal workers;

 7         (b)  Cooperate with the Department of Health in

 8  establishing minimum standards of preventive and curative

 9  health and of housing and sanitation in migrant labor camps

10  and in making surveys to determine the adequacy of preventive

11  and curative health services available to occupants of migrant

12  labor camps;

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

14  381.008-381.0088 and ss. 450.27-450.38;

15         (d)  Cooperate with the Department of Business and

16  Professional Regulation other departments of government in

17  coordinating and enforcing all applicable labor laws,

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

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

20  and farm labor contractors crew leaders;

21         (e)  Cooperate with the Department of Education to

22  provide educational facilities for the children of migrant

23  laborers;

24         (f)  Cooperate with the Department of Highway Safety

25  and Motor Vehicles to establish minimum standards for the

26  transporting of migrant laborers;

27         (g)  Cooperate with the Department of Agriculture and

28  Consumer Services to conduct an education program for

29  employers of migrant laborers pertaining to the standards,

30  methods, and objectives of the office;

31  

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 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  

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

 2  later than July 1, 2005.

 3         Section 3.  Section 450.231, Florida Statutes, is

 4  amended to read:

 5         450.231  Annual reports to Legislature.--The commission

 6  shall report its findings, recommendations, and proposed

 7  legislation to each regular session of the Legislature no

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

 9         Section 4.  Section 450.27, Florida Statutes, is

10  amended to read:

11         450.27  Short title.--This part may be cited as the

12  "Farm Labor Contractor Registration Law."

13         Section 5.  Section 450.271, Florida Statutes, is

14  amended to read:

15         450.271  State administration of the Migrant and

16  Seasonal Agricultural Worker Protection Act.--The Department

17  of Business and Professional Regulation Labor and Employment

18  Security may enter into agreements with the Secretary of Labor

19  of the United States to authorize the department to administer

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

21  Seasonal Agricultural Worker Protection Act of 1983, as

22  amended.

23         Section 6.  Subsections (5) and (6) are added to

24  section 450.28, Florida Statutes, to read:

25         450.28  Definitions.--

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

27  state or federal statute or rule which does not result in

28  economic or physical harm to any person recruited,

29  transported, supplied, or hired by a farm labor contractor or

30  create a significant threat of such harm.

31  

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

 2  state or federal statute or rule which results in economic or

 3  physical harm to any person recruited, transported, supplied,

 4  or hired by a farm labor contractor or creates a significant

 5  threat of such harm.

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

 7  Florida Statutes, are amended to read:

 8         450.30  Requirement of certificate of registration;

 9  education and examination program.--

10         (6)  The department shall require an applicant for

11  renewal of a certificate of registration to retake the

12  examination only if:

13         (a)  During the prior certification period, the

14  department issued a final order assessing a civil monetary

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

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

17         (b)  The department determines that new requirements

18  related to the duties and responsibilities of a farm labor

19  contractor necessitate a new examination.

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

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

22  be deposited in the Professional Regulation Crew Chief

23  Registration Trust Fund.

24         Section 8.  Subsections (1) and (2) of section 450.31,

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

26  added to that section, to read:

27         450.31  Issuance, revocation, and suspension of, and

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

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

30  certificate of registration as a farm labor contractor, nor

31  shall it renew such certificate, until:

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 1         (a)  Such person has executed a written application

 2  therefor in a form and pursuant to regulations prescribed by

 3  the department and has submitted such information as the

 4  department may prescribe.

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

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

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

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

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

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

11  the department under this subsection shall be deposited in the

12  State Treasury into the Professional Regulation Crew Chief

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

14  used utilized for administration of this part.

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

16  farm labor contractor examination.

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

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

19  agent must be available during regular business hours, Monday

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

21  contractor.

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

23  issue or renew any certificate of registration when it is

24  shown that the farm labor contractor has:

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

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

27  450.36.

28         (b)  Made any misrepresentation or false statement in

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

30  

31  

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 1         (c)  Given false or misleading information concerning

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

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

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

 5  which payment is overdue;

 6         (e)  Failed to pay unemployment compensation taxes as

 7  determined by the Agency for Workforce Innovation;

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

 9  federal certificate of registration as a farm labor

10  contractor; or

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

12  by the Internal Revenue Service.

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

14  issue or renew a certificate of registration if the applicant

15  or certificate holder has been convicted within the preceding

16  5 years of:

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

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

19  possession of alcoholic beverages; and

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

21  activities involving farm labor contracting; or

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

23  robbery, bribery, extortion, embezzlement, grand larceny,

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

25  assault with intent to kill, assault that inflicts grievous

26  bodily injury, prostitution, peonage, or smuggling or

27  harboring individuals who have entered the country illegally.

28         (6)  Receipt and acceptance of a certificate of

29  registration as a farm labor contractor constitutes

30  unconditional permission and acquiescence by the contractor to

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

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 1  all other documents related to the performance of the

 2  contractor's farm labor activities.

 3         Section 9.  Section 450.321, Florida Statutes, is

 4  created to read:

 5         450.321  Best practices incentive program for farm

 6  labor contractors.--

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

 8  the public identify farm labor contractors who have

 9  demonstrated a firm commitment to responsible and safe labor

10  practices, the department shall develop and implement a best

11  practices incentive program for farm labor contractors.

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

13  best practices farm labor contractor must meet the

14  requirements set by the department. A farm labor contractor

15  may not transfer or use without authorization a designation as

16  a best practices employer.

17         (3)  The department may enter into a partnership

18  agreement with a farm labor contractor which states the

19  responsibilities of each party to the agreement regarding the

20  requirements to receive and maintain a best practices

21  designation.  Recipients of a designation as a best practices

22  farm labor contractor may use the designation when soliciting

23  business as long as the designation remains in effect.

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

25  contractor may be revoked when the department determines that

26  the recipient has failed to comply with a requirement

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

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

29  practices farm labor contractor designation when soliciting

30  business.

31  

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

 2  employer is not an endorsement of the recipient by the

 3  department, and may not be characterized as such an

 4  endorsement.

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

 6  action for damages resulting from the granting, denying,

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

 8  farm labor contractor.

 9         (7)  The department shall establish an incentive

10  program for farm labor contractors who hold a valid best

11  practices designation.

12         Section 10.  Subsection (10) of section 450.33, Florida

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

14  section, to read:

15         450.33  Duties of farm labor contractor.--Every farm

16  labor contractor must:

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

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

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

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

21  standards, social security, workers' compensation,

22  unemployment compensation, child labor, and transportation.

23  The department shall not suspend or revoke a certificate of

24  registration pursuant to this subsection unless:

25         (a)  A court or agency of competent jurisdiction

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

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

28  invoked, the appellate process is exhausted;

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

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

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

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

 2  appellate process is exhausted; or

 3         (c)  The holder of a certificate of registration

 4  stipulates that a violation has occurred or defaults in the

 5  administrative proceedings brought to suspend or revoke his or

 6  her registration.

 7         (11)  Maintain accurate daily field records for each

 8  employee actually paid by the farm labor contractor reflecting

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

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

11  unit.

12         Section 11.  Subsections (4) and (5) are added to

13  section 450.34, Florida Statutes, to read:

14         450.34  Prohibited acts of farm labor contractor.--A

15  licensee may not:

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

17  complaint or aided an investigation pursuant to this part.

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

19  capacity of a farm labor contractor, or performing activities

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

21  current certificate of registration issued by the department

22  pursuant to the requirements of this part.

23         Section 12.  Section 450.35, Florida Statutes, is

24  amended to read:

25         450.35  Certain contracts prohibited.--It is unlawful

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

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

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

29  contractor displays to him or her a current certificate of

30  registration issued by the department pursuant to the

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

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 1  subject to the penalties provided for violations in s.

 2  450.38(1).

 3         Section 13.  Section 450.37, Florida Statutes, is

 4  amended to read:

 5         450.37  Cooperation with state and federal

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

 7  cooperate with any federal agency. The department may

 8  cooperate with and enter into agreements with any other state

 9  agency to administer this chapter or secure uniform rules.

10         Section 14.  Section 450.38, Florida Statutes, is

11  amended to read:

12         450.38  Enforcement of farm labor contractor laws.--

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

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

15  violates any provision of this part commits a misdemeanor of

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

17  775.083.

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

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

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

21  775.083, or s. 775.084.

22         (3)(2)  Any person, firm, association, or corporation

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

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

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

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

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

28  deposited into the General Revenue Fund. The department shall

29  not institute or maintain any administrative proceeding to

30  assess a civil penalty under this subsection when the

31  violation is the subject of a criminal indictment or

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 1  information under this section which results in a criminal

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

 3  administrative proceeding by the United States government or

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

 5  being imposed. The department may adopt rules prescribing the

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

 7  penalty and to provide notification to persons assessed a

 8  civil penalty under this section.

 9         (4)(3)  Upon a complaint of the department being filed

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

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

12  contractor who fails to obtain a certificate of registration

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

14  be enjoined from engaging in any activity which requires the

15  farm labor contractor to possess a certificate of

16  registration.

17         (5)(4)  For the purpose of any investigation or

18  proceeding conducted by the department, the secretary of the

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

20  administer oaths, take depositions, make inspections when

21  authorized by statute, issue subpoenas which shall be

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

23  compel the attendance of witnesses and the production of

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

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

26  power on the secretary's own initiative.

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

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

29  violation. A civil penalty in increments of $250 may be

30  assessed for each successive violation of a specific statute

31  or rule of this part up to a maximum of $2,500.

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

 2  violation of a specific statute or rule of this part shall be

 3  assessed a civil money penalty of up to $2,500 in accordance

 4  with the criteria established by the department pursuant to s.

 5  450.38.

 6         Section 15.  Section 450.39, Florida Statutes, is

 7  created to read:

 8         450.39  Prohibition against required purchase;

 9  prohibition against excessive charges.--

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

11  farmworker purchase goods or services solely from that farm

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

13  farm labor contractor.

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

15  farmworker more than a reasonable cost for any commodity,

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

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

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

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

20  acting as an agent for the farm labor contractor.

21         Section 16.  Subsections (1) and (6) of section

22  381.0087, Florida Statutes, are amended, and subsection (9) is

23  added to that section, to read:

24         381.0087  Enforcement; citations.--

25         (1)  Department personnel or crew chief compliance

26  officers employed by the Bureau of Compliance of the Florida

27  Department of Labor and Employment Security may issue

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

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

30  or the field sanitation facility rules adopted by the

31  department when a violation of those sections or rules is

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

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

 3  second degree. A citation issued under this section

 4  constitutes a notice of proposed agency action. The recipient

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

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

 7  satisfactory correction or demonstrate that provisions for

 8  correction are satisfactory.

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

10  accept a citation issued by the department commits or the

11  Department of Labor and Employment Security is guilty of a

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

13  775.082 or s. 775.083.

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

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

16         Section 17.  Subsection (8) of section 381.008, Florida

17  Statutes, is amended to read:

18         381.008  Definitions of terms used in ss.

19  381.008-381.00897.--As used in ss. 381.008-381.00897, the

20  following words and phrases mean:

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

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

23  combination thereof on adjacent property which is under the

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

25  appertaining thereto, that is rented or reserved for occupancy

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

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

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

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

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

31  farmworker housing to which it is adjacent or contiguous.

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

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

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

 4  authority except for housing which is specifically provided

 5  for persons whose principal income is derived from

 6  agriculture.

 7         Section 18.  Subsections (1) and (2) of section

 8  381.0086, Florida Statutes, are amended, and subsection (6) is

 9  added to that section, to read:

10         381.0086  Rules; variances; penalties.--

11         (1)  The department shall adopt rules necessary to

12  protect the health and safety of migrant farm workers and

13  other migrant labor camp or residential migrant housing

14  occupants, including rules governing field sanitation

15  facilities.  These rules must include definitions of terms,

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

17  expanded, or remodeled camps or residential migrant housing,

18  sites, buildings and structures, personal hygiene facilities,

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

20  occupant, bedding, food equipment, food storage and

21  preparation, insect and rodent control, garbage, heating

22  equipment, water supply, maintenance and operation of the

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

24  department finds to be appropriate or necessary to protect the

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

26  housing authority is exempt from the provisions of any

27  administrative rule that conflicts with or is more stringent

28  than the federal standards applicable to the housing.

29         (2)  Except when prohibited as specified in subsection

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

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

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

 2  exceed $100.  This application must:

 3         (a)  Clearly specify the standard from which the

 4  variance is desired;

 5         (b)  Provide adequate justification that the variance

 6  is necessary to obtain a beneficial use of an existing

 7  facility and to prevent a practical difficulty or unnecessary

 8  hardship; and

 9         (c)  Clearly set forth the specific alternative

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

11  health and safety of occupants and adequately show that the

12  alternative measures have achieved the same result as the

13  standard from which the variance is sought.

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

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

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

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

18         Section 19.  Section 487.011, Florida Statutes, is

19  amended to read:

20         487.011  Short title; administration.--This part

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

22  be administered by the Department of Agriculture and Consumer

23  Services.

24         Section 20.  Section 487.012, Florida Statutes, is

25  amended to read:

26         487.012  Declaration of purpose.--The purpose of this

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

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

29  protect people and the environment from the adverse effects of

30  pesticides.

31  

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 1         Section 21.  Subsections (31), (45), and (57) of

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

 3         487.021  Definitions.--For the purpose of this chapter:

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

 5  pesticide as determined by the rules promulgated pursuant to

 6  this part chapter.

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

 8  taken by the department in accordance with the provisions of

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

10  and designated as official by the department.

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

12  pesticide pursuant to the provisions of this part chapter.

13         Section 22.  Subsection (2) of section 487.025, Florida

14  Statutes, is amended to read:

15         487.025  Misbranding.--

16         (2)  A pesticide is misbranded if:

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

18  under the name of, another pesticide.

19         (b)  Its labeling bears any reference to registration

20  under this part chapter.

21         (c)  The labeling accompanying it does not contain

22  instructions for use which are necessary and, if complied

23  with, adequate for the protection of the public.

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

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

26  adequate to prevent injury to living humans and other

27  vertebrate animals.

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

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

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

31  ingredient statement on the immediate container cannot be

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

 2  displayed under customary conditions of purchase.

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

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

 5  labeling is not prominently placed thereon with such

 6  conspicuousness, as compared with other words, statements,

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

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

 9  ordinary individual under customary conditions of purchase and

10  use.

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

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

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

14  or in accordance with commonly recognized practice.

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

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

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

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

19  However, physical or physiological effects on plants or parts

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

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

22  was applied in accordance with the label claims and

23  recommendations.

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

25  are not likely to be effective when used according to

26  directions is given undue prominence or conspicuousness, as

27  compared with ingredients which are present in effective

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

29  in the ingredient statement.

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

31  laboratory.

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

 2  measure.

 3         Section 23.  Subsections (2), (4), (5), and (13) of

 4  section 487.031, are amended to read:

 5         487.031  Prohibited acts.--It is unlawful:

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

 7  state any pesticide or product which has not been registered

 8  pursuant to the provisions of this part chapter, except

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

10  accordance with the provisions of federal or state

11  restriction, supervision, or cancellation orders or other

12  existing stock agreements.

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

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

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

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

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

18  chapter.

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

20  or to reveal any information relative to formulas of products

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

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

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

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

25  use in the preparation of antidotes. The information relative

26  to formulas of products is confidential and exempt from the

27  provisions of s. 119.07(1).

28         (13)  For any person to:

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

30  medium, misrepresenting the effect of materials or methods

31  used;

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 1         (b)  Make a pesticide recommendation or application not

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

 3  section, or not in accordance with recommendations of the

 4  United States Environmental Protection Agency or not in

 5  accordance with the specifications of a special local need

 6  registration;

 7         (c)  Operate faulty or unsafe equipment;

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

 9  manner;

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

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

12  intended to receive the pesticide;

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

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

15  information regarding the possible harmful effects to human

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

17  animals to reenter the treated field;

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

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

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

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

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

23  required;

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

25  reports;

26         (j)  Use fraud or misrepresentation in making an

27  application for a license or license renewal;

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

29  or restrictions on or in a duly issued license;

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

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

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 1  conspire with a licensed or unlicensed person to evade the

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

 3  by an unlicensed person;

 4         (m)  Make false or misleading statements during or

 5  after an inspection concerning any infestation or infection of

 6  pests found on land;

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

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

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

10  the application of pesticides;

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

12  or official;

13         (p)  Fail to maintain a current liability insurance

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

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

16  part chapter, unlicensed applicators or mixer-loaders applying

17  restricted-use pesticides under the direct supervision of a

18  licensed applicator; or

19         (r)  Fail to provide authorized representatives of the

20  department with records required by this part chapter or with

21  free access for inspection and sampling of any pesticide,

22  areas treated with or impacted by these materials, and

23  equipment used in their application.

24         Section 24.  Subsections (2), (3), and (8) of section

25  487.041, Florida Statutes, are amended to read:

26         487.041  Registration.--

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

28  department in connection with carrying out the provisions of

29  this part chapter, each person shall pay an annual

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

31  annual registration fee for each special local need label and

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 1  experimental use permit shall be $100. All registrations

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

 3  shall be construed as applying to distributors or retail

 4  dealers selling pesticides when such pesticides are registered

 5  by another person.

 6         (3)  The department shall adopt rules governing the

 7  procedures for pesticide registration and for the review of

 8  data submitted by an applicant for registration of a

 9  pesticide. The department shall determine whether a pesticide

10  should be registered, registered with conditions, or tested

11  under field conditions in this state. The department shall

12  determine that all requests for pesticide registrations meet

13  the requirements of current state and federal law. The

14  department, whenever it deems it necessary in the

15  administration of this part chapter, may require the

16  manufacturer or registrant to submit the complete formula,

17  quantities shipped into or manufactured in the state for

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

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

20  review and evaluate a registered pesticide if new information

21  is made available which indicates that use of the pesticide

22  has caused an unreasonable adverse effect on public health or

23  the environment. Such review shall be conducted upon the

24  request of the secretary of the Department of Health in the

25  event of an unreasonable adverse effect on public health or

26  the secretary of the Department of Environmental Protection in

27  the event of an unreasonable adverse effect on the

28  environment. Such review may result in modifications,

29  revocation, cancellation, or suspension of a pesticide

30  registration. The department, for reasons of adulteration,

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

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 1  registration of any pesticide, after notice to the applicant

 2  or registrant giving the reason for the decision. The

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

 4  on the intention of the department to refuse or revoke

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

 6  refusal or revocation shall become final without further

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

 8  construed as a defense for the commission of any offense

 9  prohibited under this part chapter.

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

11  the department to administer the pesticide registration

12  program under this part chapter or the authority of the

13  Commissioner of Agriculture to approve the registration of a

14  pesticide.

15         Section 25.  Section 487.0435, Florida Statutes, is

16  amended to read:

17         487.0435  License classification.--The department shall

18  issue certified applicator licenses in the following

19  classifications: certified public applicator; certified

20  private applicator; and certified commercial applicator. In

21  addition, separate classifications and subclassifications may

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

23  carry out the provisions of this part chapter. Each

24  classification shall be subject to requirements or testing

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

26  be restricted to the activities within the scope of the

27  respective classification as established in statute or by

28  rule. In specifying classifications, the department may

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

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

31  public, or private applicator status.

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

 2  pesticide.

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

 4  pesticides are applied.

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

 6  which restricted-use pesticides are applied.

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

 8         (6)  The pounds of technical restricted toxicant

 9  applied per acre per year by the licensee.

10         Section 26.  Section 487.045, Florida Statutes, is

11  amended to read:

12         487.045  Fees.--

13         (1)  The department shall establish applicable fees by

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

15  applicators or $100 for private applicators and public

16  applicators, for initial licensing and for each subsequent

17  license renewal. The fees shall be determined annually and

18  shall represent department costs associated with enforcement

19  of the provisions of this part chapter.

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

21  chapter shall be deposited into the General Inspection Trust

22  Fund and shall be used to defray expenses in the

23  administration of this chapter.

24         Section 27.  Subsection (2) of section 487.046, Florida

25  Statutes, is amended to read:

26         487.046  Application; licensure.--

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

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

29  the applicant applying for a license to engage in aerial

30  application of pesticides has met all of the requirements of

31  the Federal Aviation Agency and the Department of

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 1  Transportation of this state to operate the equipment

 2  described in the application and has shown proof of liability

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

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

 5  certified applicator's license, limited to the classifications

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

 7  as required by rules promulgated under this part chapter,

 8  unless it has been revoked or suspended by the department

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

10  chapter. The license or authorization card issued by the

11  department verifying licensure shall be kept on the person of

12  the licensee while performing work as a licensed applicator.

13         Section 28.  Section 487.047, Florida Statutes, is

14  amended to read:

15         487.047  Nonresident license; reciprocal agreement;

16  authorized purchase.--

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

18  examination requirements provided for in this part chapter on

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

20  Indian tribe, that has substantially the same or better

21  standards.

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

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

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

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

26  event of any suit against the nonresident. The designation

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

28  shall render effective the jurisdiction of the courts of this

29  state over the nonresident applicant. However, any nonresident

30  who has a duly appointed registered agent upon whom process

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

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 1  designate the Secretary of State as registered agent. The

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

 3  as provided by law for designating registered agents. The

 4  department shall be furnished with a copy of the designation

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

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

 7  shall notify the department of any service of process it

 8  receives as registered agent for persons licensed under this

 9  part chapter.

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

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

12  valid purchase authorization card issued by the department or

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

14  person may apply restricted-use pesticides under the direct

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

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

17  accordance with the requirements of this part chapter.

18         Section 29.  Subsection (1) of section 487.049, Florida

19  Statutes, is amended to read:

20         487.049  Renewal; late fee; recertification.--

21         (1)  The department shall require renewal of a

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

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

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

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

26  the penalty shall not apply if the renewal application is

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

28  applicant furnishes an affidavit certifying that he or she has

29  not engaged in business subsequent to the expiration of the

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

31  renewed without taking another examination unless the

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 1  department determines that new knowledge related to the

 2  classification for which the applicant has applied makes a new

 3  examination necessary; however, the department may require the

 4  applicant to provide evidence of continued competency, as

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

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

 7  required to take another examination, unless there is some

 8  unavoidable circumstance which results in the delay of the

 9  renewal of any license issued under this part chapter which

10  was not under the applicant's control.

11         Section 30.  Section 487.051, Florida Statutes, is

12  amended to read:

13         487.051  Administration; rules; procedure.--

14         (1)  The department may by rule:

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

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

17  animals, articles, or substances.

18         (b)  Establish procedures for the taking and handling

19  of samples and establish tolerances and deficiencies where not

20  specifically provided for in this part chapter; assess

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

22  devices shown to be detrimental to human beings, the

23  environment, or agriculture or to be otherwise of questionable

24  value.

25         (c)  Determine whether pesticides, and quantities of

26  substances contained in pesticides, are injurious to the

27  environment. The department shall be guided by the United

28  States Environmental Protection Agency regulations in this

29  determination.

30         (d)  Establish requirements governing aircraft used for

31  the aerial application of pesticides, including requirements

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 1  for recordkeeping, annual aircraft registration, secure

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

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

 4  such aircraft to another person.

 5         (e)  Establish requirements governing the secure

 6  storage of pesticides used by aerial pesticide applicators.

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

 8  primary standards established by the United States

 9  Environmental Protection Agency with respect to pesticides. If

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

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

12  chapter is intended as comprehensive and exclusive regulation

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

14  373, 376, 388, 403, and 482, or as otherwise provided by law,

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

16  other political subdivision of the state may adopt laws,

17  regulations, rules, or policies pertaining to pesticides,

18  including their registration, packaging, labeling,

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

20  may adopt or enforce an ordinance pertaining to pesticides if

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

22  building and zoning regulations, disposal or spillage of

23  pesticides within a water well zone, or pesticide safety

24  regulations relating to containment at the storage site.

25         Section 31.  Subsection (4) of section 487.0615,

26  Florida Statutes, is amended to read:

27         487.0615  Pesticide Review Council.--

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

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

30  proceeding conducted by the department relating to the

31  registration of a pesticide under this part chapter. The

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 1  standing of the council shall in no way prevent individual

 2  members of the council from exercising standing in these

 3  matters.

 4         Section 32.  Subsections (1), (2), (3), (4), (6), and

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

 6         487.071  Enforcement, inspection, sampling, and

 7  analysis.--

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

 9  public or private premises or carrier where pesticides are

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

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

12  performance of its duties relating to pesticides and records

13  pertaining to pesticides. No person shall deny or refuse

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

15  public or private premises or carrier during business hours in

16  performance of its duties under this part chapter.

17         (2)  The department is authorized and directed to

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

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

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

21  to determine whether the pesticides or persons exercising

22  control over the pesticides are in compliance with the

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

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

25  labeling.

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

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

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

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

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

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

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 1  of the certificate of analysis shall be mailed to the

 2  registrant of the pesticide from whom the official sample was

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

 4  if known. If the official analysis conforms with the

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

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

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

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

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

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

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

12  the pesticide from whom the official sample was taken makes

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

14  official check sample sufficient for analysis shall be sent to

15  a referee chemist who is mutually acceptable to the department

16  and the registrant for analysis at the expense of the

17  registrant. Upon completion of the analysis, the referee

18  chemist shall forward to the department and to the registrant

19  a certificate of analysis bearing a proper identification mark

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

21  by an affidavit of the person or laboratory making the

22  analysis. If the certificate of analysis checks within 3

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

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

25  analyses shall be accepted as final and binding on all

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

27  shows a variation of greater than 3 percent from the

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

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

30  either the department or the registrant from whom the official

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

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 1  sufficient for analysis shall be submitted to a second referee

 2  chemist who is mutually acceptable to the department and the

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

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

 5  second referee chemist shall make a certificate and report as

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

 7  mean average of the two analyses nearest in conformity shall

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

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

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

11  final and binding on all concerned.

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

13  provisions of this part chapter with reference to the

14  ingredient statement reflecting the composition of the

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

16  department contemplates possible criminal proceedings against

17  the person responsible because of this violation, the

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

19  informal hearing or an opportunity to present evidence and

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

21  contemplated proceedings. If in the opinion of the department

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

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

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

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

26  shall be construed as requiring the department to report for

27  prosecution minor violations whenever it believes that the

28  public interest will be subserved by a suitable notice of

29  warning in writing.

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

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

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 1  entered in actions instituted under the authority of this part

 2  chapter.

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

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

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

 6  schedule for pesticide samples analyzed upon request.  The

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

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

 9  no fee shall exceed $400 per test.

10         (c)  The department shall keep separate records with

11  respect to requested pesticide analyses, including the

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

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

14  name and address of the registrant.

15         (d)  All fees collected pursuant to this subsection

16  shall be deposited into the General Inspection Trust Fund and

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

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

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

20  adulterated, misbranded, or otherwise deficient shall

21  reimburse the person requesting the pesticide analysis under

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

23  department.

24         Section 33.  Subsections (2), (3), and (4) of section

25  487.081, Florida Statutes, are amended to read:

26         487.081  Exemptions.--

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

28  part chapter when intended solely for export to a foreign

29  country and when prepared or packed according to the

30  specifications or directions of the purchaser.

31  

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 1         (3)  Notwithstanding any other provision of this part

 2  chapter, registration required under this part chapter is not

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

 4  manufacturing plant within this state to another manufacturing

 5  plant within this state operated by the same person.

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

 7  apply to persons duly licensed or certified under chapter 388

 8  or chapter 482 performing any pest control or other operation

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

10         Section 34.  Subsection (2) of section 487.091, Florida

11  Statutes, is amended to read:

12         487.091  Tolerances, deficiencies, and penalties.--

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

14  deficient in an active ingredient beyond the tolerance as

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

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

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

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

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

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

21  specifies that the product should be used by an expiration

22  date that has passed. Procedures for assessing penalties shall

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

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

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

26  not paid within the prescribed period of time as established

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

28  registration of any pesticide.

29         Section 35.  Section 487.101, Florida Statutes, is

30  amended to read:

31  

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 1         487.101  Stop-sale, stop-use, removal, or hold

 2  orders.--

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

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

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

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

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

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

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

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

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

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

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

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

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

16  interfering with the pesticide or device or from altering,

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

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

19  provisions is a misdemeanor, subjecting the violator to the

20  penalty provisions of this part chapter.

21         (3)  The department shall release the pesticide or

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

23  when the owner or custodian complies with the provisions of

24  this part chapter.

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

26  supervision of the department, may relabel the pesticide or

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

28  transfer and return the product to the manufacturer or

29  supplier for the purpose of bringing the product in compliance

30  with the provisions of this part chapter.

31  

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 1         Section 36.  Subsection (1) of section 487.111, Florida

 2  Statutes, is amended to read:

 3         487.111  Seizure, condemnation, and sale.--

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

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

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

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

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

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

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

11  instance shall the disposition of the pesticide or device be

12  ordered by the court without first giving the owner or

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

14  the pesticide or device or for permission to process or

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

16         Section 37.  Section 487.13, Florida Statutes, is

17  amended to read:

18         487.13  Cooperation.--The department is authorized and

19  empowered to cooperate with and enter into agreements with any

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

21  Agriculture, the United States Environmental Protection

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

23  of carrying out the provisions of this part chapter and

24  securing uniformity of regulations.

25         Section 38.  Section 487.156, Florida Statutes, is

26  amended to read:

27         487.156  Governmental agencies.--All governmental

28  agencies shall be subject to the provisions of this part

29  chapter and rules adopted under this part chapter. Public

30  applicators using or supervising the use of restricted-use

31  

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

 2  487.044.

 3         Section 39.  Subsection (1) of section 487.159, Florida

 4  Statutes, is amended to read:

 5         487.159  Damage or injury to property, animal, or

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

 7  failure to file.--

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

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

10  file with the department a written statement claiming damages,

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

12  the damage or injury becomes apparent. The statement shall

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

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

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

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

17  alleged that the damages occurred. The department shall

18  investigate the alleged damages and notify all concerned

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

20  the provisions of this part chapter, the department shall

21  determine an appropriate penalty, as provided in this part

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

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

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

25  statement shall not be considered any bar to the maintenance

26  of any criminal or civil action.

27         Section 40.  Section 487.161, Florida Statutes, is

28  amended to read:

29         487.161  Exemptions, nonagricultural pest control and

30  research.--

31  

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 1         (1)  Any person duly licensed or certified under

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

 3  exempted from the licensing provisions of this part chapter.

 4         (2)  The use of the antibiotic oxytetracycline

 5  hydrochloride for the purpose of controlling lethal yellowing

 6  is exempted from the licensing provisions of this part

 7  chapter.

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

 9  industrial research agencies are exempted from the provisions

10  of this part chapter when doing applied research within a

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

12  part chapter when applying restricted-use pesticides to

13  experimental or demonstration plots.

14         Section 41.  Section 487.163, Florida Statutes, is

15  amended to read:

16         487.163  Information; interagency cooperation.--

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

18  University of Florida or other agencies of government, publish

19  information and conduct short courses of instruction in the

20  safe use and application of pesticides for the purpose of

21  carrying out the provisions of this part chapter.

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

23  agreements with any other agency or educational institution of

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

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

26  out the provisions of this part chapter and of securing

27  uniformity of regulations.

28         Section 42.  Subsections (1), (2), and (3) of section

29  487.171, Florida Statutes, are amended to read:

30  

31  

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 1         487.171  Classification of antifouling paint containing

 2  organotin compounds as restricted-use pesticides; prohibition

 3  of distribution and sale.--

 4         (1)  The department shall classify antifouling paints

 5  containing organotin compounds having an acceptable release

 6  rate as restricted-use pesticides subject to the requirements

 7  of this part chapter. Antifouling paints containing organotin

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

 9  ounces avoirdupois weight or less for outboard motor or lower

10  unit use are exempt from the restricted-use pesticide

11  classification requirement.

12         (2)  The department shall initiate action under chapter

13  120, to deny or cancel the registration of antifouling paints

14  containing organotin compounds which do not have an acceptable

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

16  department in accordance with this part chapter.

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

18  containing organotin compounds with acceptable release rates

19  shall be limited to dealers and applicators licensed by the

20  department in accordance with this part chapter, to

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

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

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

24  aluminum hulls.

25         Section 43.  Section 487.175, Florida Statutes, is

26  amended to read:

27         487.175  Penalties; administrative fine; injunction.--

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

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

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

31  

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

 2  imposing any one or more of the following penalties:

 3         (a)  Denial of an application for licensure.

 4         (b)  Revocation or suspension of a license.

 5         (c)  Issuance of a warning letter.

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

 7  specified period of time and subject to conditions the

 8  department may specify by rule, including requiring the

 9  licensee to attend continuing education courses, to

10  demonstrate competency through a written or practical

11  examination, or to work under the direct supervision of

12  another licensee.

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

14  $10,000 for each violation. When imposing any fine under this

15  paragraph, the department shall consider the degree and extent

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

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

18  noncompliance, whether the violation was committed willfully,

19  and the compliance record of the violator.

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

21  chapter or rules adopted pursuant thereto commits a

22  misdemeanor of the second degree and upon conviction is

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

24  subsequent violation, such person commits a misdemeanor of the

25  first degree and upon conviction is punishable as provided in

26  ss. 775.082 and 775.083.

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

28  chapter and notwithstanding the existence of any adequate

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

30  the violation or threatened violation of any provision of this

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

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

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

 3  competent and substantial evidence to the court of the

 4  violation or threatened violation, the court shall immediately

 5  issue the temporary or permanent injunction sought by the

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

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

 8  shall be sufficient to authorize the issuance of an

 9  injunction.

10         Section 44.  Subsection (1) of section 403.088, Florida

11  Statutes, is amended to read:

12         403.088  Water pollution operation permits;

13  conditions.--

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

15  department, shall discharge into waters within the state any

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

17  other sources, reduces the quality of the receiving waters

18  below the classification established for them. However, this

19  section shall not be deemed to prohibit the application of

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

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

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

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

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

25  enter into interagency agreements to establish the procedures

26  for program approval. Such agreements shall provide for public

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

28  Approved programs must provide that only chemicals approved

29  for the particular use by the United States Environmental

30  Protection Agency or by the Department of Agriculture and

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

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 1  accordance with registered label instructions, state standards

 2  for such application, and the provisions of the Florida

 3  Pesticide Law, part I of chapter 487.

 4         Section 45.  Subsection (1) of section 482.242, Florida

 5  Statutes, is amended to read:

 6         482.242  Preemption.--

 7         (1)  This chapter is intended as comprehensive and

 8  exclusive regulation of pest control in this state.  The

 9  provisions of this chapter preempt to the state all regulation

10  of the activities and operations of pest control services,

11  including the pesticides used pursuant to labeling and

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

13  government or political subdivision of the state may enact or

14  enforce an ordinance that regulates pest control, except that

15  the preemption in this section does not prohibit a local

16  government or political subdivision from enacting an ordinance

17  regarding any of the following:

18         (a)  Local occupational licenses adopted pursuant to

19  chapter 205.

20         (b)  Land development regulations adopted pursuant to

21  chapter 163 which include regulation of any aspect of

22  development, including a subdivision, building construction,

23  sign regulation or any other regulation concerning the

24  development of land, or landscaping or tree protection

25  ordinances which do not include pesticide application

26  restrictions.

27         (c)  Regulations that:

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

29  units, annual termite inspections for termite activity or

30  damage, including Formosan termites, which must be performed

31  by a person licensed under this chapter.

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 1         2.  Require pest control treatments of structures that

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

 3  person licensed under this chapter.

 4         3.  Require property owners or other persons to obtain

 5  inspections or pest control treatments performed by a person

 6  licensed under this chapter.

 7  

 8  An ordinance by a local government or political subdivision

 9  which requires an annual inspection or pest control treatment

10  must conform to current law.

11         (d)  Protection of wellhead protection areas and high

12  recharge areas.

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

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

15  relating to stormwater management.

16         (f)  Hazardous material unlawful discharge and

17  disposal.

18         (g)  Hazardous materials remediation.

19         Section 46.  Paragraph (x) of subsection (1) of section

20  500.03, Florida Statutes, is amended to read:

21         500.03  Definitions; construction; applicability.--

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

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

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

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

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

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

28  agricultural commodities.

29         Section 47.  Subsections (1) and (6) of section 570.44,

30  Florida Statutes, are amended to read:

31  

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 1         570.44  Division of Agricultural Environmental

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

 3  Agricultural Environmental Services include, but are not

 4  limited to:

 5         (1)  Inspecting and drawing samples of:  commercial

 6  feeds offered for sale in this state and enforcing those

 7  provisions of chapter 580 authorized by the department; seeds

 8  offered for sale in this state and enforcing those provisions

 9  of chapter 578 authorized by the department; certified seed

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

11  state and enforcing those provisions of chapter 576 authorized

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

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

14  pesticides, and enforcing those provisions of part I of

15  chapter 487 authorized by the department.

16         (6)  Analyzing samples of pesticide formulations

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

18  other environmental samples related to pesticide use

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

20         Section 48.  Part II of chapter 487, Florida Statutes,

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

22  487.2051, 487.2061, and 487.2071, is created to read:

23         487.2011  Part title; administration.--This part may be

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

25  shall be administered by the Department of Agriculture and

26  Consumer Services.

27         487.2021  Legislative intent.--It is the intent of the

28  Legislature to ensure that agricultural workers employed in

29  the state receive protection from agricultural pesticides. The

30  Legislature intends to ensure that agricultural workers be

31  given information concerning agricultural pesticides.

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 1         487.2031  Definitions.--As used in this part, the term:

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

 3  or contracts for the services of workers to perform activities

 4  related to the production of agricultural plants, or any

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

 6  management or condition of an agricultural establishment that

 7  uses such workers.

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

 9  forest, nursery, or greenhouse.

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

11  maintained for commercial or research purposes and includes,

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

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

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

15  and Consumer Services.

16         (5)  "Designated representative" means any organization

17  or person to whom a worker gives written authorization to

18  exercise the right to request agricultural pesticide

19  information pursuant to this part.

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

21  sheet approved by the state or federal government which

22  provides information about the impacts of the use of an

23  agricultural pesticide.

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

25  printed material concerning an agricultural pesticide which

26  states:

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

28  agricultural pesticide.

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

30  agricultural pesticide, including:

31  

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

 2  reactivity.

 3         2.  The known acute health effects and chronic health

 4  effects, of exposure to the agricultural pesticide, including

 5  those medical conditions which are generally recognized as

 6  being aggravated by exposure to the agricultural pesticide.

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

 8  overexposure.

 9         (c)  The proper handling practices, necessary personal

10  protective equipment, and other proper or necessary safety

11  precautions in circumstances that involve the use of or

12  exposure to the agricultural pesticide, including appropriate

13  emergency treatment in case of overexposure.

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

15  disposal, and first aid.

16         (e)  A description of the known specific potential

17  health risks posed by the agricultural pesticide, which is

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

19  reads the information.

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

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

22  telephone number of any manufacturer responsible for preparing

23  the sheet.

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

25  dismissal, demotion, harassment, blacklisting with other

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

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

28  worker who exercises any right under the provisions of the

29  United States Environmental Protection Agency Worker

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

31  

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

 2  workers under the pesticide safety training requirements of

 3  the United States Environmental Protection Agency Worker

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

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

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

 7  compensation for employment that involves tasks relating to

 8  the production of agricultural plants on an agricultural

 9  establishment.  The term does not include any person employed

10  by a commercial pesticide handling establishment to perform

11  tasks as a crop advisor.

12         487.2041  Enforcement of federal worker protection

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

14  resources are available, continue to operate under the United

15  States Environmental Protection Agency regulations regarding

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

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

18  170, which the department adopted by rule during the 1995-1996

19  fiscal year and published in the Florida Administrative Code.

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

21  continue to apply.

22         487.2051  Availability of agricultural pesticide

23  information to workers and medical personnel.--

24         (1)  An agricultural employer shall make available

25  agricultural pesticide information concerning any agricultural

26  pesticide to any worker:

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

28  on an agricultural establishment where:

29         1.  An agricultural pesticide has been applied within

30  30 days of that entry; or

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

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

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

 3         (2)  The agricultural pesticide information provided

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

 5  or a material safety data sheet.  The agricultural employer

 6  shall provide a written copy of the information provided

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

 8  request for the information by a worker or a designated

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

10  emergency, the agricultural employer shall provide a written

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

12  the designated representative, or medical personnel treating

13  the worker.

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

15  the first purchase after the material safety data sheet is

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

17  agricultural pesticide shall obtain or develop and provide

18  each direct purchaser of an agricultural pesticide with a

19  material safety data sheet. If the material safety data sheet

20  or fact sheet for the agricultural pesticide is not available

21  when the agricultural pesticide is purchased, the agricultural

22  employer shall take appropriate and timely steps to obtain the

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

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

25  distribution source.

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

27  a trainer a one-page general agricultural pesticide safety

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

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

30  illustrated instructions on preventing agricultural pesticide

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

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 1  Control Centers.  The trainer shall provide the safety sheet

 2  to the worker pursuant to the United States Environmental

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

 4  170.130.

 5         487.2061  Prohibited acts.--Any person covered by this

 6  part may not:

 7         (1)  Fail to provide agricultural pesticide information

 8  as required in this part; or

 9         (2)  Take retaliatory action.

10         487.2071  Penalties against violators; worker relief;

11  monitoring complaints of retaliation.--

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

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

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

15  United States Environmental Protection Agency Worker

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

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

18  action and seeks relief under this section may file a

19  complaint with the department.

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

21  involves retaliatory action, if retaliatory action is

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

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

24  appropriate governmental agency, the worker may not be

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

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

27  the illegal action, policy, or practice.

28         (4)  The department shall monitor all complaints of

29  retaliation which it receives and report its findings to the

30  President of the Senate and the Speaker of the House of

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

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 1  shall include the number of complaints received, the

 2  circumstances surrounding the complaints, and the action taken

 3  concerning the complaints.

 4         Section 49.  The Division of Statutory Revision is

 5  requested to designate sections 487.011-487.175, Florida

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

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

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

 9  entitled the "Florida Agricultural Worker Safety Act."

10         Section 50.  For the 2004-2005 fiscal year, the sum of

11  $469,890 is appropriated from the General Revenue Fund, and

12  six positions are authorized, to the Department of Agriculture

13  and Consumer Services for the purpose of conducting

14  regulatory, training, and outreach activities related to

15  migrant labor.

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

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                          CS/CS/SB 2954

20                                 

21  The committee substitute:

22  (1) Provides an appropriation of $469,890 from the General
    Revenue Fund and six positions to the Department of
23  Agriculture and Consumer Services for conducting regulatory,
    training and outreach activities related to migrant labor.
24  
    (2) Eliminates the Advisory Committee to the Legislative
25  Commission on Migrant Labor.

26  (3) Delineates between minor and major violations related to
    farm labor and raises the civil penalties for major violations
27  from $1,000 to $2,500 and creates penalties for minor
    violations.
28  

29  

30  

31  

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