House Bill 3545

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    Florida House of Representatives - 1998                HB 3545

        By Representative Posey






  1                      A bill to be entitled

  2         An act relating to arthropod control;

  3         establishing a study commission for the purpose

  4         of investigating problems associated with, and

  5         the feasibility of eradication of, the

  6         arthropod diptera bibionibae plecia neartica;

  7         providing membership of the study commission;

  8         providing terms of commission members;

  9         requiring the Department of Agriculture and

10         Consumer Services to provide assistance,

11         facilities, and staff to the study commission;

12         providing for recommendations of the study

13         commission; providing for a report; providing

14         an effective date.

15

16         WHEREAS, section 388.011, Florida Statutes, defines the

17  term "arthropod" as "those insects of public health or

18  nuisance importance, including all mosquitoes, midges, sand

19  flies, dog flies, yellow flies, and house flies," and

20         WHEREAS, it is the public policy of the state "to

21  achieve and maintain such levels of arthropod control as will

22  protect human health and safety and foster the quality of life

23  of the people, promote the economic development of the state,

24  and facilitate the enjoyment of its natural attractions by

25  reducing the number of pestiferous and disease-carrying

26  arthropods," and

27         WHEREAS, citizens traveling the roadways of Florida

28  have for years been plagued by the small black flies whose

29  scientific name is diptera bibionibae plecia neartica, and

30  which are commonly known and referred to as "love bugs," and

31

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    Florida House of Representatives - 1998                HB 3545

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  1         WHEREAS, these pestiferous arthropods account for an

  2  untold amount of cosmetic damage to motor vehicles in this

  3  state every year and, during peak periods of activity,

  4  swarming "love bugs" can create hazardous driving situations,

  5  thus endangering the lives of motorists, and

  6         WHEREAS, it is to the benefit of the citizens of the

  7  State of Florida and consistent with the declared public

  8  policy of the state that a study commission be established for

  9  the purpose of investigating problems associated with, and the

10  feasibility of eradication of, this public nuisance and danger

11  to the motorists of this state, NOW, THEREFORE,

12

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

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15         Section 1.  Study commission to investigate problems

16  associated with, and feasibility of eradication of, diptera

17  bibionibae plecia neartica; membership; terms;

18  recommendations; report.--

19         (1)  There is hereby created a study commission for the

20  purpose of studying problems associated with, and the

21  feasibility of eradication of, diptera bibionibae plecia

22  neartica, which shall be composed of 21 members to be

23  appointed by the Governor as follows:

24         (a)  The Commissioner of Agriculture or the

25  commissioner's designee.

26         (b)  The State Epidemiologist.

27         (c)  The Secretary of Transportation or the secretary's

28  designee.

29         (d)  The Director of the Division of Motor Vehicles of

30  the Department of Highway Safety and Motor Vehicles or the

31  director's designee.

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    Florida House of Representatives - 1998                HB 3545

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  1         (e)  The Secretary of Environmental Protection or the

  2  secretary's designee.

  3         (f)  The Health Officer for Environmental Health of the

  4  Department of Health or the health officer's designee.

  5         (g)  One member of the Florida Transportation

  6  Commission within the Department of Transportation.

  7         (h)  Three members representing the John A. Mulrennan,

  8  Sr., Arthropod Research Laboratory of the Florida Agricultural

  9  and Mechanical University.

10         (i)  Three members representing the Florida Medical

11  Entomology Laboratory of the Institute of Food and

12  Agricultural Sciences at the University of Florida.

13         (j)  Three members representing Florida State

14  University.

15         (k)  Two members of the Florida Mosquito Control

16  Association.

17         (l)  Two members of the Florida Coordinating Council on

18  Mosquito Control.

19         (m)  One member of the Pesticide Review Council of the

20  Department of Agriculture and Consumer Services.

21         (2)(a)  Members of the study commission shall be

22  appointed for 2 years. A vacancy shall be filled for the

23  unexpired portion of the term. The members of the commission

24  shall serve without compensation, but shall be reimbursed for

25  all necessary expenses in the performance of their duties,

26  including travel expenses, in accordance with s. 112.061, F.S.

27         (b)  The Governor may remove or suspend a member for

28  cause, including, but not limited to, failure to attend at

29  least 3 meetings of the commission during any 12-month period.

30         (c)  The study commission shall be chaired by the

31  Commissioner of Agriculture or the commissioner's authorized

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    Florida House of Representatives - 1998                HB 3545

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  1  designee. A majority of the membership of the study commission

  2  shall conduct a quorum for the conduct of business. The chair

  3  shall be responsible for recording and distributing to the

  4  members a summary of the proceedings of all study commission

  5  meetings. The study commission shall meet at least five times

  6  during each year of the study commission's existence, or as

  7  needed.

  8         (3)  The Department of Agriculture and Consumer

  9  Services shall supply such information, assistance, and

10  facilities as are deemed necessary for the study commission to

11  carry out its duties under this section and shall provide such

12  staff assistance as is necessary for the performance of

13  required clerical and administrative functions of the

14  commission.

15         (4)  The study commission shall analyze those solutions

16  and programs which could begin to address the state's need for

17  the elimination of the arthropod diptera bibionibae plecia

18  neartica, including programs or proposals which provide for:

19         (a)  Stimulation of public and private cooperative

20  efforts at permanent elimination of the arthropod.

21         (b)  Expansion or improvement of arthropod control

22  measures and programs already in existence.

23         (c)  Development of such other solutions and programs

24  as the study commission deems appropriate.

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26  In performing its analysis, the study commission shall

27  consider the extent to which a proposed plan or program

28  utilizes or incorporates the use of pesticides, biological

29  control agents, and new or existing source reduction methods.

30  The study commission shall also give consideration to the

31  feasibility and cost of implementation of proposed plans or

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    Florida House of Representatives - 1998                HB 3545

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  1  programs, as well as any unreasonable adverse effects a

  2  proposed plan or program might have on the environment.

  3         (5)  The study commission shall distribute its meeting

  4  notices to all appropriate state agencies responsible for and

  5  involved in arthropod control and shall provide minutes of

  6  study commission meetings to such state agencies upon request.

  7         (6)  The study commission shall review, evaluate, and

  8  make recommendations regarding existing and proposed plans or

  9  programs aimed at eradication and control of the arthropod.

10  The study commission shall provide these and any other

11  recommendations to the Governor, the President of the Senate,

12  the Speaker of the House of Representatives, the Commissioner

13  of Agriculture, the State Epidemiologist, the Office of

14  Environmental Health of the Department of Health, the

15  Department of Transportation, the Department of Highway Safety

16  and Motor Vehicles, the Department of Environmental

17  Protection, and to public agencies throughout the state

18  responsible for and involved in arthropod control.

19         (7)  By July 1, 2000, the study commission shall

20  prepare and submit to the Governor, the President of the

21  Senate, and the Speaker of the House of Representatives a

22  report detailing its findings and making specific program,

23  legislative, and funding recommendations and any other

24  recommendations it deems appropriate.

25         (8)  The study commission shall recommend studies to be

26  included within the research performed by the John A.

27  Mulrennan, Sr., Arthropod Research Laboratory and the Florida

28  Medical Entomological Laboratory. These recommendations shall

29  be submitted to the Commissioner of Agriculture, the State

30  Epidemiologist, the director of the John A. Mulrennan, Sr.,

31  Arthropod Research Laboratory, and the director of the Florida

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    Florida House of Representatives - 1998                HB 3545

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  1  Medical Entomological Laboratory, in order to assist them in

  2  establishing an appropriate research agenda with respect to

  3  the permanent elimination of diptera bibionibae plecia

  4  neartica.

  5         (9)  The study commission shall expire on July 1, 2000.

  6         Section 2.  This act shall take effect July 1, 1998.

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  9                          HOUSE SUMMARY

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      Creates a study commission for the purpose of
11    investigating problems associated with, and the
      feasibility of eradication of, the arthropod diptera
12    bibionibae plecia neartica, commonly known as "love
      bugs," as a public nuisance and hazard to motorists on
13    the highways of the state. Provides for membership and
      duties of the study commission. Provides for terms of
14    commission members. Requires the Department of
      Agriculture and Consumer Services to provide assistance,
15    facilities, and staff to the study commission. Provides
      for recommendations of the study commission. Provides for
16    submission of a report detailing the findings of the
      study commission by July 1, 2000. Provides for expiration
17    of the study commission on July 1, 2000.

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