Senate Bill 1760c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
By the Committees on Fiscal Policy; Health, Aging and
Long-Term Care; and Senators Lee and McKay
309-2070-99
A bill to be entitled
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An act relating to agricultural pests and
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diseases; providing legislative intent;
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creating s. 570.235, F.S.; creating the Pest
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Exclusion Advisory Committee within the
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Department of Agriculture and Consumer
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Services; establishing membership of the
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advisory committee; providing duties of the
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advisory committee; requiring a report;
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creating s. 593.28, F.S.; requiring the
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Department of Agriculture and Consumer Services
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to establish a reimbursement program for
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certain temporary relocation expenses;
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providing a limitation; amending s. 593.21,
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F.S.; directing the Department of Health to
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study the health effects of the aerial
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application of Malathion; amending s. 593.22,
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F.S.; requiring earlier notice of the aerial
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application of a pesticide; providing for
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diagnostic and treatment costs; providing
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appropriations; providing an effective date.
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WHEREAS, the introduction of agricultural pests and
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diseases poses a serious threat to the physical health,
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safety, and economic well-being of the people of the state,
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and
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WHEREAS, imported agricultural products provide a means
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by which pests and diseases enter this state, resulting in
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costly detection, eradication, and control programs, and
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WHEREAS, the Department of Agriculture and Consumer
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Services is responsible for the early detection, eradication,
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1
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 and control of agricultural pests and diseases in a reasonable
2 and well-justified manner, NOW, THEREFORE,
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. It is the intent of the Legislature that
7 the aerial application of a pesticide be used only as a last
8 resort for plant pest eradication when the Department of
9 Agriculture and Consumer Services conducts an emergency
10 response to plant pest infestation in an urbanized area. It is
11 further the intent of the Legislature that the Department of
12 Agriculture and Consumer Services shall assist the United
13 States Environmental Protection Agency in expediting the
14 approval process for plant pest eradication alternatives and
15 alternative types of baits.
16 Section 2. Section 570.235, Florida Statutes, is
17 created to read:
18 570.235 Pest Exclusion Advisory Committee.--
19 (1) There is created within the department a Pest
20 Exclusion Advisory Committee. The advisory committee shall be
21 composed of 26 members.
22 (a) The Commissioner of Agriculture shall appoint 19
23 members representing the following:
24 1. Two members from the Department of Agriculture and
25 Consumer Services.
26 2. Two citizens at large.
27 3. One member from each of the following agricultural
28 production groups:
29 a. Row crops.
30 b. Citrus.
31 c. Horticulture.
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 d. Forestry.
2 e. Cattle.
3 f. Dairy.
4 g. Pork.
5 h. Poultry.
6 i. Horses.
7 j. Aquaculture.
8 k. Apiary.
9 4. One member representing research programs in the
10 state's land grant institutions.
11 5. One member representing extension programs in the
12 state's land grant institutions.
13 6. Two members from the environmental community.
14 (b) In addition, the committee shall be composed of
15 the following seven members:
16 1. Two members representing and appointed by the
17 Animal and Plant Health Inspection Service of the United
18 States Department of Agriculture.
19 2. One member representing and appointed by the
20 Department of Health.
21 3. One member representing and appointed by the
22 Department of Environmental Protection.
23 4. One member representing and appointed by the Game
24 and Fresh Water Fish Commission.
25 5. One member appointed by the Speaker of the House of
26 Representatives.
27 6. One member appointed by the President of the
28 Senate.
29 (2) The advisory committee shall be governed by the
30 provisions of s. 570.0705 and shall have the responsibility of
31 reviewing and evaluating the state's existing and future
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 exclusion, detection, and eradication programs. The
2 Commissioner of Agriculture shall appoint the chair of the
3 committee. In evaluating the programs, the advisory committee
4 shall:
5 (a) Require the scientific community to provide
6 necessary scientific background on Florida's programs. Using
7 such information, the committee shall evaluate the scientific
8 basis for the programs.
9 (b) Review current state laws and regulations and
10 recommend changes.
11 (c) Identify exotic plants and pests in foreign
12 countries which pose a significant threat to consumer safety
13 and have a high likelihood of being introduced into the state.
14 (d) Identify high-risk areas for pest introduction and
15 offer recommendations for specific programmatic activities to
16 address such risk.
17 (e) Study the possibility of partnerships with other
18 public and private entities to develop programs, projects, and
19 activities that may be cost-effective and that may assist in
20 implementing a pest exclusion program.
21 (f) Address any area of concern that is raised
22 regarding the state's pest exclusion, detection, and
23 eradication program.
24 (g) Make recommendations to the Commissioner of
25 Agriculture, the Governor, the Speaker of the House of
26 Representatives, and the President of the Senate for needs and
27 changes in these programs, including funding requirements and
28 needs.
29 (3) The committee shall issue a report of its findings
30 to the Commissioner of Agriculture, the Governor, the Speaker
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 of the House of Representatives, and the President of the
2 Senate by January 1, 2001.
3 Section 3. Section 593.28, Florida Statutes, is
4 created to read:
5 593.28 Relocation program.--
6 (1) The Department of Agriculture and Consumer
7 Services shall establish a program to reimburse residents of
8 the state for temporary relocation to avoid emergency aerial
9 application of malathion to an urbanized area for purposes of
10 plant pest eradication and control. Nothing in this section
11 shall be construed to apply to pesticide applications
12 regulated under chapter 388, chapter 482, or chapter 487 or
13 persons performing any pest control or other operation for
14 which they are licensed or certified under such chapters.
15 Persons may be reimbursed for temporary and reasonable travel
16 expenses to a location up to 25 miles outside the spray zone
17 for the duration of each individual spray application.
18 Individuals seeking reimbursement must be listed in the
19 Department of Agriculture and Consumer Services registry of
20 persons requiring prior notification of the application of
21 pesticides, pursuant to s. 482.2267, when the emergency is
22 declared. In addition, each individual seeking reimbursement
23 shall provide receipts or other documentation for travel and
24 other expenses, including costs for lodging and meals. All
25 reimbursement shall be reasonable, shall be made in accordance
26 with s. 215.422, and may not exceed $100 per person per day.
27 All reimbursement payments shall be made in accordance with s.
28 215.422.
29 (2) Relocation reimbursement expenses payable by the
30 department under subsection (1) shall be limited to funds
31 appropriated explicitly for such purpose.
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 Section 4. Section 593.21, Florida Statutes, 1998
2 Supplement, is amended to read:
3 593.21 Monitoring of health complaints by Department
4 of Health; hotline; rulemaking authority.--At any time when
5 the Department of Agriculture and Consumer Services is
6 conducting an emergency response to a plant pest infestation
7 which involves the aerial application of a pesticide to an
8 urbanized area, the Department of Health shall monitor health
9 problems that result from chemical exposure about which
10 complaints are made to physicians and health care facilities.
11 The Department of Health shall provide a toll-free hotline on
12 which persons may register complaints and shall make a record
13 of all calls received on that line. In consultation with the
14 Department of Health, the Department of Agriculture and
15 Consumer Services shall adopt by rule standards for
16 determining when the use of a particular pesticide should be
17 discontinued. The Department of Health shall conduct a
18 prospective, case-control study to determine whether there are
19 adverse health effects associated with the aerial application
20 of Malathion and bait for the purposes of plant pest
21 eradication. The study shall be properly designed to include
22 all aerial plant pest control applications, including bait
23 mixtures as well as appropriate classifications, diagnoses,
24 treatments, and monitoring of adverse-effect reactions.
25 Notwithstanding any law to the contrary, the Department of
26 Health shall have access to confidential patient information
27 for the purpose of conducting the study. The results of the
28 study shall be made available to the President of the Senate,
29 the Speaker of the House of Representatives, the Executive
30 Office of the Governor, and the Commissioner of Agriculture
31 within 18 months after the next aerial application of
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 Malathion conducted by the Department of Agriculture and
2 Consumer Services occurring after July 1, 1999.
3 Section 5. Section 593.22, Florida Statutes, 1998
4 Supplement, is amended to read:
5 593.22 Notice and information.--Before the Department
6 of Agriculture and Consumer Services begins an emergency
7 response to a plant pest infestation which involves the aerial
8 application of a pesticide to an urbanized area, the
9 department shall notify the public in the area in which the
10 pesticide is to be applied of its impending action. Notice
11 must be given at least 96 48 hours before beginning the aerial
12 application of a pesticide to an urbanized area. The
13 department shall use all reasonable methods to disseminate
14 information required under this section as widely as possible.
15 Information to be disseminated includes, but is not limited
16 to: a copy of any Environmental Protection Agency permit or
17 other permit under which the pesticide will be applied, and
18 the source, including the date of publication, of any
19 technical information, if available, about the pesticide which
20 is included in the notice; the projected area over which the
21 pesticide will be applied; the predicted duration of the
22 application period; and the number of the Department of
23 Health's toll-free hotline. When the emergency response to a
24 plant pest infestation requires the aerial application of a
25 pesticide to an urbanized area for a period longer than 1
26 week, the department shall notify the public in the area of
27 the program's continuation. The department shall notify the
28 public in the area when an emergency response to a plant pest
29 infestation which requires the aerial application of a
30 pesticide to an urbanized area is terminated. The Department
31 of Health shall provide services to evaluate and, if
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 necessary, treat cases of illness associated with the aerial
2 application of Malathion and bait for the purposes of plant
3 pest eradication; however, the costs of evaluation and
4 treatment services may be paid by the Department of Health
5 only for individuals who are uninsured residents of the
6 sprayed areas and who are included by the Department of Health
7 as participants in the study provided in s. 593.21. The
8 pesticide-illness classification established by the United
9 States Centers for Disease Control and Prevention shall be
10 used to establish definite or probable cases for eligibility
11 determination for these services. The total cost of all
12 evaluation and treatment services, including, but not limited
13 to, health practitioner services, laboratory services, imaging
14 services, and medications, may not exceed $1,000 per patient.
15 Section 6. The sum of $200,000 is appropriated from
16 the General Revenue Fund to the Department of Agriculture and
17 Consumer Services for the purpose of paying the costs of
18 relocation reimbursement expenses to avoid Malathion spraying
19 during the 1999-2000 Fiscal Year.
20 Section 7. The sum of $550,000 is appropriated from
21 the General Revenue Fund to the administrative trust fund in
22 the Department of Health to carry out the provisions of this
23 act. Of this amount, $450,000 is for the purpose of conducting
24 the study provided for in the amendment to section 593.21,
25 Florida Statutes, by this act and $100,000 is for the purpose
26 of providing services to evaluate and treat illness in
27 accordance with the amendment to section 593.22, Florida
28 Statutes, by this act.
29 Section 8. This act shall take effect July 1, 1999.
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Florida Senate - 1999 (Corrected Copy) CS for CS for SB 1760
& SB 924
309-2070-99
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 1760 and SB 924
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The provision creating the Task Force on Agricultural Pests
5 and Diseases within the Department of Agriculture and Consumer
Services created under SB 924 is removed from the committee
6 substitute.
7 A Pest Exclusion Advisory Committee, made up of 26 designated
individuals, is created within the Department of Agriculture
8 and Consumer Services. The committee is to evaluate the
scientific basis for the state's pest-exclusion, detection,
9 and eradication programs, review the laws and regulations
relating to such programs, identify plants and pests that pose
10 a threat to the state, identify high-risk areas, and make
recommendations.
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The appropriation of funds to reimburse individuals for
12 expenses incurred from relocating from an aerial pesticide
spraying area is increased to $200,000. In addition,
13 individuals can be only be reimbursed when relocating up to 25
miles from the spray area.
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