Senate Bill 0654

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

s0600-98
s0654

    Florida Senate - 1998                                   SB 654

    By Senator Turner





    36-121-98

  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.

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

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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.

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    Florida Senate - 1998                                   SB 654
    36-121-98




  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 shall develop a

  8  written pest management plan that outlines the school's

  9  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

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    Florida Senate - 1998                                   SB 654
    36-121-98




  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, 1998.

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21                       LEGISLATIVE 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.
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