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2006 Florida Statutes

Damage or injury to property, animal, or person; mandatory report of damage or injury; time for filing; failure to file.
Section 487.159, Florida Statutes 2006

487.159  Damage or injury to property, animal, or person; mandatory report of damage or injury; time for filing; failure to file.--

(1)  The person claiming damage or injury to property, animal, or human beings from application of a pesticide shall file with the department a written statement claiming damages, on a form prescribed by the department, within 48 hours after the damage or injury becomes apparent. The statement shall contain, but shall not be limited to, the name of the person responsible for the application of the pesticide, the name of the owner or lessee of the land on which the crop is grown and for which the damages are claimed, and the date on which it is alleged that the damages occurred. The department shall investigate the alleged damages and notify all concerned parties of its findings. If the findings reveal a violation of the provisions of this part, the department shall determine an appropriate penalty, as provided in this part. The filing of a statement or the failure to file such a statement need not be alleged in any complaint which might be filed in a court of law, and the failure to file the statement shall not be considered any bar to the maintenance of any criminal or civil action.

(2)  It is the duty of any licensee to report unreasonable adverse effects on the environment or damage to property or injury to a person as the result of the application of a restricted-use pesticide by the licensee or by an applicator or mixer-loader under the licensee's direct supervision, if and when the licensee has knowledge of such damage or injury. It is also the express intent of this section to require all physicians to report all pesticide-related illnesses or injuries to the nearest county health department, which will notify the department so that the department may establish a pesticide incident monitoring system within the Division of Agricultural Environmental Services.

(3)  When damage to human beings, animals, plants, or other property is alleged to have been done, the claimant shall permit the licensee and the licensee's representatives to observe within reasonable hours the alleged damage in order that the damage may be examined. The failure of the claimant to permit observation and examination of the alleged damage shall automatically bar the claim against the licensee.

History.--s. 10, ch. 74-247; s. 6, ch. 78-95; s. 2, ch. 81-318; ss. 9, 14, 15, ch. 82-167; s. 2, ch. 84-165; s. 3, ch. 90-65; ss. 28, 37, ch. 92-115; s. 4, ch. 92-291; s. 22, ch. 94-233; s. 29, ch. 2000-154; s. 41, ch. 2004-64.