Senate Bill 1760
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Florida Senate - 1999 SB 1760
By Senator Lee
23-1340-99
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 Senate - 1999 SB 1760
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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 Senate - 1999 SB 1760
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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 Senate - 1999 SB 1760
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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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