Florida Senate - 2016                                    SB 1498
       By Senator Benacquisto
       30-00950A-16                                          20161498__
    1                        A bill to be entitled                      
    2         An act relating to pest control; amending s. 482.051,
    3         F.S.; making technical changes; authorizing the
    4         Department of Agriculture and Consumer Services to
    5         specify the circumstances when a written, 24-hour
    6         advance notice of fumigation to the department is not
    7         required; authorizing the department to determine the
    8         notice required in such circumstances; deleting a
    9         provision specifying that, under certain emergency
   10         situations, the required advance notice may be first
   11         given by certain specified communication methods;
   12         requiring the department to adopt rules that require
   13         certain safety measures for clearance of residential
   14         structures after fumigation; amending s. 487.051,
   15         F.S.; authorizing the department to establish certain
   16         conditions for fumigant registration or
   17         reregistration; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 482.051, Florida Statutes, is amended to
   22  read:
   23         482.051 Rules.—The department has authority to adopt rules
   24  pursuant to ss. 120.536(1) and 120.54 to implement the
   25  provisions of this chapter. Before Prior to proposing the
   26  adoption of a rule, the department must shall counsel with
   27  members of the pest control industry concerning the proposed
   28  rule. The department shall adopt rules for the protection of the
   29  health, safety, and welfare of pest control employees and the
   30  general public which require:
   31         (1) Require that all pesticides or economic poisons be used
   32  only in accordance with the registered labels and labeling, or
   33  as directed by the United States Environmental Protection Agency
   34  or the department.
   35         (2) Require that vehicles and trailers used in pest control
   36  be permanently marked with the licensee’s name that is
   37  registered with the department. However, vehicles that are used
   38  to perform only sales and solicitation may have temporary or
   39  removable markers.
   40         (3) Require that written contracts be used required for
   41  providing termite termites and other wood-destroying organism
   42  organisms pest control, that provisions necessary to ensure
   43  assure consumer protection as specified by the department be
   44  included in such contracts, and that require licensees to comply
   45  with the contracts issued.
   46         (4) Require that a licensee, before performing general
   47  fumigation, notify in writing the department of inspector having
   48  jurisdiction over the location where the fumigation is to be
   49  performed, which notice must be received by the department
   50  inspector at least 24 hours before the fumigation and must
   51  contain such information as the department requires. The
   52  department may specify under what circumstances less than 24-
   53  hour notification is allowed and what notice is required in
   54  those circumstances. However, in an authentic and verifiable
   55  emergency, when 24 hours’ advance notice is not possible,
   56  advance notice may be given by telephone, facsimile, or any
   57  other form of acceptable electronic communication, but such
   58  notice must be immediately followed by written confirmation
   59  providing the required information.
   60         (5) Require that any pesticide used as the primary
   61  preventive treatment for subterranean termites in new
   62  construction be applied in the amount, concentration, and
   63  treatment area in accordance with the label; that a copy of the
   64  label of the registered pesticide being applied be carried in a
   65  vehicle at the site where the pesticide is being applied; and
   66  that the licensee maintain for 3 years the record of each
   67  preconstruction treatment, indicating the date of treatment, the
   68  location or address of the property treated, the total square
   69  footage of the structure treated, the type of pesticide applied,
   70  the concentration of each substance in the mixture applied, and
   71  the total amount of pesticide applied.
   72         (6) Authorize That the department to may issue an immediate
   73  stop-use or stop-work order for fumigation performed in
   74  violation of fumigant label requirements or department rules, or
   75  in a manner that presents an immediate serious danger to the
   76  health, safety, or welfare of the public, including, but not
   77  limited to, failure to use required personal protective
   78  equipment, failure to use a required warning agent, failure to
   79  post required warning signs, failure to secure a structure’s
   80  usual entrances as required, or using a fumigant in a manner
   81  that will likely result in hazardous exposure to humans,
   82  animals, or the environment.
   83         (7)Require that safety measures be taken for clearance of
   84  residential structures before reoccupation after a fumigation.
   85  These measures may include, but are not limited to, extended
   86  aeration times or specific clearance procedures.
   87         Section 2. Paragraph (f) is added to subsection (1) of
   88  section 487.051, Florida Statutes, to read:
   89         487.051 Administration; rules; procedure.—
   90         (1) The department may by rule:
   91         (f) Establish conditions of registration or reregistration
   92  for structural fumigants which include requirements that
   93  registrants:
   94         1.Train distributors and end users in safety measures and
   95  in proper use, safe storage, and management of fumigant
   96  materials.
   97         2.Obtain continuing education program approval for
   98  stewardship training programs.
   99         3.Conduct quality assurance reviews.
  100         4.Report to the department any probation or stop-sale
  101  notice issued to end users. Under such circumstances, the
  102  department shall notify all other structural fumigant
  103  registrants of the reported probation or stop-sale notice.
  104         5.Assist the department, upon request, with the removal of
  105  fumigant containers from distributors and end users for
  106  compliance with permanent or extended stop-sale notices.
  107         Section 3. This act shall take effect July 1, 2016.