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

House Bill 1209

Florida House of Representatives - 1997 HB 1209 By Representatives Goode and Peaden 1 A bill to be entitled 2 An act relating to school pesticide safety; 3 creating s. 232.365, F.S.; providing 4 definitions; requiring a school pest management 5 plan; requiring notification to students, 6 parents, and staff of pesticide application; 7 providing notice requirements; requiring a 8 school pesticide registry; requiring records 9 and reports; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 232.365, Florida Statutes, is 14 created to read: 15 232.365 School pesticide use right-to-know.--The State 16 of Florida finds that the exposure of school children and 17 staff to pesticide residues from surface sprays or spot sprays 18 or fogging, including thermal fogging, poses known, and as of 19 yet unknown, risks to their health and well-being. The state 20 recognizes the importance of providing notification to 21 students, parents, teachers, staff, and visitors of the 22 application of any pesticide using surface sprays or spot 23 sprays or fogging. 24 (1) DEFINITIONS.--As used in this section: 25 (a) "Parent" means the natural or adoptive parent or 26 legal guardian of a student. 27 (b) "Pest" means an arthropod, wood destroying 28 organism, rodent, weed, or other undesirable organism that 29 interferes with use of the school site for human purposes. 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1209 154-242-97 1 (c) "Pesticide" means any substance or mixture of 2 substances intended for preventing, destroying, repelling, or 3 mitigating any pest found in a school. 4 (d) "School" includes all the buildings and the site 5 of each public or private school that houses students in 6 kindergarten through grade 12. 7 (2) PEST MANAGEMENT PLAN.--Each school must develop a 8 pest management plan which is a written document outlining the 9 school's program for pest control. 10 (3) NOTICES.-- 11 (a) Each school shall post notices in the area to be 12 treated immediately before any pesticide application of 13 surface sprays or spot sprays or fogging, including thermal 14 fogging. A notice must warn students, parents, teachers, 15 staff, and visitors to keep away from a treated area, identify 16 the pesticide to be applied, the time of application, and the 17 applicator, and provide instruction about when reentry to that 18 area will be permitted. A notice must be at least 4 inches by 19 5 inches in size and in a bright and distinctive color. 20 (b) Each school shall provide instruction to the 21 students in the form of classroom announcements, reminding 22 students of indoor pesticide applications, including warnings 23 to keep away from posted areas until signs are removed and 24 they are instructed that reentry is permitted. 25 (c) Notices of outdoor pesticide applications must 26 meet the requirements of s. 482.2265(2). 27 (4) SCHOOL PESTICIDE REGISTRY.-- 28 (a) Each school shall establish a pesticide registry. 29 To be listed on the registry, a parent or staff member shall 30 make a written request to the school principal. Parents or 31 staff members who are placed on this registry are to receive 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1209 154-242-97 1 individual notification in case of a pesticide application 2 using surface sprays or spot sprays or fogging, including 3 thermal fogging. 4 (b) At the beginning of each school year, each school 5 shall send to parents and staff information on the procedures 6 for inclusion of the school's pesticide registry. The notice 7 must also provide an announcement of the availability of the 8 school's pest management plan. 9 (5) REPORTS.-- 10 (a) Each school shall keep a record of all postings 11 and notifications, listing the name and amount of pesticide 12 applied, the time and date of application, and the name of the 13 applicator. 14 (b) At the end of the school year, each school shall 15 summarize and submit to the district school board or the 16 school governing board, as applicable, for public review a 17 report of its activities conducted pursuant to this section. 18 Section 2. This act shall take effect July 1, 1997. 19 20 ***************************************** 21 HOUSE SUMMARY 22 Requires notification by public and private schools to 23 students, parents, and school staff of certain pesticide application. Provides notice requirements. Requires 24 development of a pest management plan by each school. Requires establishment of a school registry for purposes 25 of individual notification. Requires school records and reports. 26 27 28 29 30 31 3