Senate Bill 1760c1

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



    Florida Senate - 1999                           CS for SB 1760

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Lee




    317-1848B-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.

12

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

14

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 when the Department of

18  Agriculture and Consumer Services conducts an emergency

19  response to plant pest infestation in an urbanized area. It is

20  further the intent of the Legislature that the Department of

21  Agriculture and Consumer Services shall assist the United

22  States Environmental Protection Agency in expediting the

23  approval process for plant pest eradication alternatives and

24  alternative types of baits.

25         Section 2.  Section 593.21, Florida Statutes, 1998

26  Supplement, is amended to read:

27         593.21  Monitoring of health complaints by Department

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

29  the Department of Agriculture and Consumer Services is

30  conducting an emergency response to a plant pest infestation

31  which involves the aerial application of a pesticide to an

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






    Florida Senate - 1999                           CS for SB 1760
    317-1848B-99




  1  urbanized area, the Department of Health shall monitor health

  2  problems that result from chemical exposure about which

  3  complaints are made to physicians and health care facilities.

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

  5  which persons may register complaints and shall make a record

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

  7  Department of Health, the Department of Agriculture and

  8  Consumer Services shall adopt by rule standards for

  9  determining when the use of a particular pesticide should be

10  discontinued. The Department of Health shall conduct a

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

12  adverse health effects associated with the aerial application

13  of malathion and bait for the purposes of plant pest

14  eradication. The study shall be properly designed to include

15  all aerial plant pest control applications including bait

16  mixtures as well as appropriate classifications, diagnoses,

17  treatments, and monitoring of adverse-effect reactions.

18  Notwithstanding any law to the contrary, the Department of

19  Health shall have access to confidential patient information

20  for the purpose of conducting the study. The results of the

21  study shall be made available to the President of the Senate,

22  the Speaker of the House of Representatives, the Executive

23  Office of the Governor, and the Commissioner of Agriculture

24  within 18 months after the next aerial application of

25  malathion conducted by the Department of Agriculture and

26  Consumer Services occurring after July 1, 1999.

27         Section 3.  Section 593.22, Florida Statutes, 1998

28  Supplement, is amended to read:

29         593.22  Notice and information.--Before the Department

30  of Agriculture and Consumer Services begins an emergency

31  response to a plant pest infestation which involves the aerial

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    Florida Senate - 1999                           CS for SB 1760
    317-1848B-99




  1  application of a pesticide to an urbanized area, the

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

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

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

  5  application of a pesticide to an urbanized area. The

  6  department shall use all reasonable methods to disseminate

  7  information required under this section as widely as possible.

  8  Information to be disseminated includes, but is not limited

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

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

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

12  technical information, if available, about the pesticide which

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

14  pesticide will be applied; the predicted duration of the

15  application period; and the number of the Department of

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

17  plant pest infestation requires the aerial application of a

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

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

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

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

22  infestation which requires the aerial application of a

23  pesticide to an urbanized area is terminated. The Department

24  of Health shall provide services to evaluate and, if

25  necessary, treat cases of illness associated with the aerial

26  application of malathion and bait for the purposes of plant

27  pest eradication; however, the costs of evaluation and

28  treatment services may be paid by the Department of Health

29  only for individuals who are uninsured residents of the

30  sprayed areas and who are included by the Department of Health

31  as participants in the study provided in s. 593.21. The

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    Florida Senate - 1999                           CS for SB 1760
    317-1848B-99




  1  pesticide-illness classification established by the United

  2  States Centers for Disease Control and Prevention shall be

  3  used to establish definite or probable cases for eligibility

  4  determination for these services. The total cost of all

  5  evaluation and treatment services, including, but not limited

  6  to, health practitioner services, laboratory services, imaging

  7  services, and medications, may not exceed $1,000 per patient.

  8         Section 4.  The sum of $550,000 is appropriated from

  9  the General Revenue Fund to the administrative trust fund in

10  the Department of Health to carry out the provisions of this

11  act. Of this amount, $450,000 is for the purpose of conducting

12  the study provided for in the amendment to section 593.21,

13  Florida Statutes, by this act and $100,000 is for the purpose

14  of providing services to evaluate and treat illness in

15  accordance with the amendment to section 593.22, Florida

16  Statutes, by this act.

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

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 1760

21

22  The study by the Department of Health on the adverse health
    effects associated with the aerial application of Malathion is
23  expanded to also include the adverse health effects of the
    bait containing the Malathion.
24
    The due date of the report is changed from February 1, 2001,
25  to 18 months after the next aerial application of Malathion
    conducted by the Department of Agriculture and Consumer
26  Services occurring after July 1, 1999.

27  An additional $50,000 is appropriated for the study. The funds
    appropriated are to be deposited in the administrative trust
28  fund in the Department of Health to be used to implement the
    bill without regard to the fiscal year in which the bill is
29  implemented.

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