Senate Bill 0926

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    Florida Senate - 1998                                   SB 926

    By Senator Lee





    23-809A-98

  1                      A bill to be entitled

  2         An act relating to eradication of agricultural

  3         pests; prescribing additional duties of the

  4         Department of Agriculture and Consumer Services

  5         and the Department of Health with respect to

  6         programs of emergency application of pesticide

  7         for eradication of plant pests; requiring

  8         studies of pesticides and of health issues

  9         relating to their use; requiring development of

10         a system for informing the public of such

11         programs and requiring public and other notice

12         of certain programs of pest eradication;

13         providing for information to be furnished to

14         health-care providers; 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 aerial pesticide spraying or the

22  application of pesticides to residential property by means

23  other than aerial spraying, the Department of Agriculture and

24  Consumer Services shall:

25         (1)  Study the effect of each pesticide that the

26  department uses.  The study must address the effects of the

27  pesticide on human populations, on plant life, on animal life

28  other than human populations, and on the target pest.

29         (2)  Provide a system for dissemination of information

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

31  of such eradication programs.  The system shall disseminate

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    Florida Senate - 1998                                   SB 926
    23-809A-98




  1  information relating to the pest; the pesticide selected to

  2  eradicate that pest; the effects of the pesticide on the human

  3  population and the environment in the area in which an

  4  eradication program will be conducted; recommended safety

  5  precautions; the alternative methods of responding to the pest

  6  infestation; and the names, addresses, and telephone numbers

  7  of physicians and health care facilities in the area in which

  8  the eradication program will be conducted which specialize in

  9  health problems resulting from chemical exposure.  The

10  department of Health shall assist the Department of

11  Agriculture and Consumer Services in carrying out its duties

12  under this subsection.

13         Section 2.  At any time when the Department of

14  Agriculture and Consumer Services is conducting an emergency

15  response to a plant pest infestation which involves aerial

16  spraying of pesticide or the application of pesticide to

17  residential property by means other than aerial spraying, the

18  Department of Health shall monitor health problems that result

19  from chemical exposure about which complaints are made to

20  physicians and health care facilities.  The Department of

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

22  register complaints and shall make a record of all calls

23  received on that line.  With the advice of the Department of

24  Health, the Department of Agriculture and Consumer Services

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

26  a particular pesticide should be discontinued.

27         Section 3.  Before the Department of Agriculture and

28  Consumer Services begins an emergency response to a plant pest

29  infestation which involves aerial spraying of pesticide or the

30  application of pesticide to residential property by means

31  other than aerial spraying, the department shall notify the

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    Florida Senate - 1998                                   SB 926
    23-809A-98




  1  public in the area in which the pesticide is to be applied of

  2  its impending action.  Notice must be given at least 48 hours

  3  before beginning the eradication program.  The department

  4  shall use all reasonable methods to disseminate information

  5  required under this section as widely as possible. Information

  6  to be disseminated includes: the information described in

  7  section 1(2), a copy of any Environmental Protection Agency

  8  permit or other permit under which the pesticide will be

  9  applied, and the source, including the author and the date of

10  publication, of any technical information about the pesticide

11  which is included in the notice; the area over which the

12  pesticide will be applied; the predicted duration of the

13  application period; and the number of the Department of Health

14  toll-free hotline.  When the response is conducted over a

15  period longer than 1 week, the department shall notify the

16  public in the area weekly of the program's continuation.  The

17  department shall notify the public in the area when a response

18  is terminated.

19         Section 4.  The Department of Health shall provide

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

21  Department of Agriculture and Consumer Services is conducting

22  an emergency response to a plant infestation which involves

23  aerial spraying of pesticide or the application of pesticide

24  to residential property by means other than aerial spraying

25  with technical assistance relating to health problems that

26  result from chemical exposure.

27         Section 5.  The Department of Health shall cooperate

28  with the Department of Agriculture and Consumer Services when

29  the latter department is carrying out an emergency response to

30  a plant pest infestation which involves aerial spraying of

31  pesticide or the application of pesticide to residential

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    Florida Senate - 1998                                   SB 926
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  1  property by means other than aerial spraying.  The Department

  2  of Health shall obtain independent expert opinion on safety

  3  issues relating to pesticide application and shall contract

  4  with an independent chemical expert, who shall provide

  5  information directly to the public as well as to the

  6  Department of Agriculture and Consumer Services, which shall

  7  include that information in the notices it is required to

  8  provide.

  9         Section 6.  The Commissioner of Agriculture shall

10  notify the Governor and the remaining members of the Cabinet

11  that the Department of Agriculture and Consumer Services will

12  begin an emergency response to a plant pest infestation which

13  involves aerial spraying of pesticide or the application of

14  pesticide to residential property by means other than aerial

15  spraying at the same time the department provides public

16  notice under section 3 and include in that notification the

17  same information contained in the public notice.  When the

18  response is conducted over a period longer than 1 week, the

19  commissioner shall weekly notify the Governor and the

20  remaining members of the Cabinet of its continuation.  The

21  commissioner shall notify the Governor and the remaining

22  members of the Cabinet when a response is terminated.

23         Section 7.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                                   SB 926
    23-809A-98




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  2                          SENATE SUMMARY

  3    Provides for the Department of Agriculture and Consumer
      Services to furnish notice to the public, to the
  4    Governor, and to the Cabinet whenever it is going to
      commence an emergency response to a plant pest
  5    infestation which involves aerial spraying of pesticide
      or the application of pesticide to residential property
  6    by means other than aerial spraying.  Prescribes
      information that must be contained in such notice.
  7    Requires the department to study pesticide effects, and
      to provide a system of information dissemination.
  8    Requires the Department of Health to monitor health
      problems resulting from pesticide application and to
  9    provide technical assistance to health-care providers.

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