House Bill 3641e1

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                                          HB 3641, First Engrossed



  1                      A bill to be entitled

  2         An act relating to eradication of agricultural

  3         pests; prescribing duties of the Department of

  4         Agriculture and Consumer Services and the

  5         Department of Health with respect to programs

  6         of emergency aerial application of pesticide

  7         for eradication of plant pests; requiring use

  8         of certain pesticides; requiring development of

  9         a system for informing the public of such

10         programs and requiring public and other notice

11         of certain programs of pest eradication;

12         providing for information to be furnished to

13         health care providers; providing for health

14         advisory committees; providing an effective

15         date.

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

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19         Section 1.  To carry out its duties with respect to

20  emergency responses to plant pest infestations when the

21  eradication programs involve the aerial application of a

22  pesticide to an urbanized area, the Department of Agriculture

23  and Consumer Services shall:

24         (1)  Use a pesticide previously approved by the United

25  States Environmental Protection Agency for that eradication

26  purpose.

27         (2)  Provide a system for dissemination of information

28  to the public about infestations of pests that are the subject

29  of such eradication programs.  The system shall disseminate

30  information relating to the pest; the pesticide selected to

31  eradicate that pest; the generally accepted effects, if any,


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                                          HB 3641, First Engrossed



  1  of the pesticide on the human population and the environment

  2  in the area in which an aerial eradication program will be

  3  conducted; recommended safety precautions; and the alternative

  4  methods of responding to the pest infestation, if any.

  5         Section 2.  At any time when the Department of

  6  Agriculture and Consumer Services is conducting an emergency

  7  response to a plant pest infestation which involves the aerial

  8  application of a pesticide to an urbanized area, the

  9  Department of Health shall monitor health problems that result

10  from chemical exposure about which complaints are made to

11  physicians and health care facilities.  The Department of

12  Health shall provide a toll-free hotline on which persons may

13  register complaints and shall make a record of all calls

14  received on that line.  In consultation with the Department of

15  Health, the Department of Agriculture and Consumer Services

16  shall adopt by rule standards for determining when the use of

17  a particular pesticide should be discontinued.

18         Section 3.  Before the Department of Agriculture and

19  Consumer Services begins an emergency response to a plant pest

20  infestation which involves the aerial application of a

21  pesticide to an urbanized area, the department shall notify

22  the public in the area in which the pesticide is to be applied

23  of its impending action.  Notice must be given at least 48

24  hours before beginning the aerial application of a pesticide

25  to an urbanized area.  The department shall use all reasonable

26  methods to disseminate, as widely as possible, information

27  required under this section. Information to be disseminated

28  includes, but is not limited to: a copy of any Environmental

29  Protection Agency permit or other permit under which the

30  pesticide will be applied; the source, including the date of

31  publication, of any technical information about the pesticide


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                                          HB 3641, First Engrossed



  1  which is included in the notice, if available; the projected

  2  area over which the pesticide will be applied; the predicted

  3  duration of the application period; and the number of the

  4  Department of Health's toll-free hotline.  When the emergency

  5  response to a plant pest infestation requires the aerial

  6  application of a pesticide to an urbanized area for a period

  7  longer than 1 week, the department shall notify the public in

  8  the area of the program's continuation.  The department shall

  9  notify the public in the area when an emergency response to a

10  plant pest infestation which requires the aerial application

11  of a pesticide to an urbanized area is terminated.

12         Section 4.  The Department of Health shall provide

13  technical assistance relating to health problems that result

14  from chemical exposure to physicians and health care

15  facilities in an area in which the Department of Agriculture

16  and Consumer Services is conducting an emergency response to a

17  plant pest infestation which involves the aerial application

18  of a pesticide to an urbanized area. The Department of Health

19  shall provide the names, addresses, and telephone numbers of

20  physicians and health care facilities in the area in which the

21  eradication program will be conducted which specialize in

22  health problems resulting from chemical exposure.

23         Section 5.  The Department of Health shall provide

24  technical assistance to the Department of Agriculture and

25  Consumer Services when the latter department is carrying out

26  an emergency response to a plant pest infestation which

27  involves the aerial application of a pesticide to an urbanized

28  area and shall establish a health advisory committee.  The

29  committee shall consist of seven members and shall include the

30  State Health Officer, the local health officer, the poison

31  information center director, a toxicologist from the


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                                          HB 3641, First Engrossed



  1  Department of Agriculture and Consumer Services, a person

  2  representing the state teaching hospital, a physician

  3  practicing in the area, and an epidemiologist from the

  4  Department of Health. The duties of the health advisory

  5  committee are to serve as a resource, under the supervision of

  6  the Department of Health, to the Department of Health and the

  7  Department of Agriculture and Consumer Services in carrying

  8  out their duties under this act. Duties of the health advisory

  9  committee include, but are not limited to, review of the

10  aggregate information collected from physician and hotline

11  calls.

12         Section 6.  As used in this act, the term "urbanized

13  area" means land that is zoned for purposes other than

14  agricultural purposes and that has a residential density of

15  two or more units per acre.

16         Section 7.  This act shall take effect July 1 of the

17  year in which enacted.

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