House Bill 1587

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    Florida House of Representatives - 1999                HB 1587

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to the aerial application of

  3         pesticides; providing legislative intent;

  4         amending s. 593.21, F.S.; directing the

  5         Department of Health to study the health

  6         effects of the aerial application of malathion;

  7         amending s. 593.22, F.S.; requiring earlier

  8         notice of the aerial application of a

  9         pesticide; providing for diagnostic and

10         treatment costs; providing an appropriation;

11         providing an effective date.

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

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15         Section 1.  It is the intent of the Legislature that

16  the aerial application of a pesticide be used only as a last

17  resort for plant pest eradication. It is further the intent of

18  the Legislature that the Department of Agriculture and

19  Consumer Services shall assist the United States Environmental

20  Protection Agency in expediting the approval process for plant

21  pest eradication alternatives, including the use of Spinosad

22  and alternative types of baits.

23         Section 2.  Section 593.21, Florida Statutes, 1998

24  Supplement, is amended to read:

25         593.21  Monitoring of health complaints by Department

26  of Health; hotline; rulemaking authority.--At any time when

27  the Department of Agriculture and Consumer Services is

28  conducting an emergency response to a plant pest infestation

29  which involves the aerial application of a pesticide to an

30  urbanized area, the Department of Health shall monitor health

31  problems that result from chemical exposure about which

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    Florida House of Representatives - 1999                HB 1587

    583-155-99






  1  complaints are made to physicians and health care facilities.

  2  The Department of Health shall provide a toll-free hotline on

  3  which persons may register complaints and shall make a record

  4  of all calls received on that line.  In consultation with the

  5  Department of Health, the Department of Agriculture and

  6  Consumer Services shall adopt by rule standards for

  7  determining when the use of a particular pesticide should be

  8  discontinued. The Department of Health shall conduct a

  9  prospective, case-control study to determine whether there are

10  adverse health effects associated with the aerial application

11  of malathion. Notwithstanding any law to the contrary, the

12  Department of Health shall have access to confidential patient

13  information for the purpose of conducting the study. The

14  results of the study shall be made available to the President

15  of the Senate, the Speaker of the House of Representatives,

16  the Executive Office of the Governor, and the Commissioner of

17  Agriculture no later than February 1, 2001.

18         Section 3.  Section 593.22, Florida Statutes, 1998

19  Supplement, is amended to read:

20         593.22  Notice and information.--Before the Department

21  of Agriculture and Consumer Services begins an emergency

22  response to a plant pest infestation which involves the aerial

23  application of a pesticide to an urbanized area, the

24  department shall notify the public in the area in which the

25  pesticide is to be applied of its impending action.  Notice

26  must be given at least 96 48 hours before beginning the aerial

27  application of a pesticide to an urbanized area. The

28  department shall use all reasonable methods to disseminate

29  information required under this section as widely as possible.

30  Information to be disseminated includes, but is not limited

31  to: a copy of any Environmental Protection Agency permit or

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    Florida House of Representatives - 1999                HB 1587

    583-155-99






  1  other permit under which the pesticide will be applied, and

  2  the source, including the date of publication, of any

  3  technical information, if available, about the pesticide which

  4  is included in the notice; the projected area over which the

  5  pesticide will be applied; the predicted duration of the

  6  application period; and the number of the Department of

  7  Health's toll-free hotline.  When the emergency response to a

  8  plant pest infestation requires the aerial application of a

  9  pesticide to an urbanized area for a period longer than 1

10  week, the department shall notify the public in the area of

11  the program's continuation. The department shall notify the

12  public in the area when an emergency response to a plant pest

13  infestation which requires the aerial application of a

14  pesticide to an urbanized area is terminated. The Department

15  of Health shall provide services to evaluate and, if

16  necessary, treat cases of illness associated with the aerial

17  application of malathion to uninsured residents of the sprayed

18  areas. The pesticide illness classification established by the

19  United States Centers for Disease Control and Prevention shall

20  be used to establish definite or probable cases for

21  eligibility determination for these services. The total cost

22  of all diagnostic and treatment services, including, but not

23  limited to, health practitioner services, laboratory services,

24  imaging services, and medications, may not exceed $1,000 per

25  patient. The costs for diagnostic and treatment services will

26  be paid only for an individual who meets the criteria

27  established in this section and who is included by the

28  Department of Health as a participant in the study provided in

29  s. 593.21.

30         Section 4.  The sum of $500,000 is appropriated from

31  the General Revenue Fund to the Department of Health to carry

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    Florida House of Representatives - 1999                HB 1587

    583-155-99






  1  out the provisions of this act for the 1999-2000 fiscal year.

  2  Of this amount $400,000 is for the purpose of conducting the

  3  study provided for in the amendment to section 593.21, Florida

  4  Statutes, by this act and $100,000 is for the purpose of

  5  providing services to evaluate and treat illness in accordance

  6  with the amendment to section 593.22, Florida Statutes, by

  7  this act.

  8         Section 5.  This act shall take effect July 1, 1999.

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11                          SENATE SUMMARY

12    Directs the Department of Health to study the health
      effects of the aerial application of malathion. Requires
13    the Department of Agriculture and Consumer Services to
      provide 4 days' notice before beginning the aerial
14    application of malathion. Provides an appropriation for
      the Department of Health to conduct the study and to pay
15    diagnostic and treatment costs for uninsured persons in
      sprayed areas.
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