Senate Bill sb1052

    Florida Senate - 2001                                  SB 1052

    By Senator Silver





    38-480-01

  1                      A bill to be entitled

  2         An act relating to pest control; amending s.

  3         482.242, F.S.; providing additional exceptions

  4         to the state's preemption of pest-control

  5         regulation; providing an effective date.

  6

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

  8

  9         Section 1.  Subsection (1) of section 482.242, Florida

10  Statutes, is amended to read:

11         482.242  Preemption.--

12         (1)  This chapter is intended as comprehensive and

13  exclusive regulation of pest control in this state.  The

14  provisions of this chapter preempt to the state all regulation

15  of the activities and operations of pest control services,

16  including the pesticides used pursuant to labeling and

17  registration approved under chapter 487.  No local government

18  or political subdivision of the state may enact or enforce an

19  ordinance that regulates pest control, except that the

20  preemption in this section does not prohibit a local

21  government or political subdivision from enacting an ordinance

22  regarding any of the following:

23         (a)  Local occupational licenses adopted pursuant to

24  chapter 205.

25         (b)  Land development regulations adopted pursuant to

26  chapter 163 which include regulation of any aspect of

27  development, including a subdivision, building construction,

28  sign regulation or any other regulation concerning the

29  development of land, or landscaping or tree protection

30  ordinances which do not include pesticide application

31  restrictions.

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






    Florida Senate - 2001                                  SB 1052
    38-480-01




  1         (c)  Regulations that:

  2         1.  Require annual termite inspections for termite

  3  activity or damage, including Formosan termites;

  4         2.  Require pest control treatments of structures that

  5  have termite activity or damage;

  6         3.  Require operators to use the best available

  7  treatment and technology, in compliance with chapters 482 and

  8  487; or

  9         4.  Authorize local governments and other political

10  subdivisions to provide programs that permit property owners

11  and other persons to contract with such local governments and

12  political subdivisions to obtain inspections and treatments

13  provided by persons licensed under chapter 482 or chapter 487.

14         (d)(c)  Protection of wellhead protection areas and

15  high recharge areas.

16         (e)(d)  Hazardous materials reporting as set forth in

17  part II of chapter 252, storage, and containment including as

18  relating to stormwater management.

19         (f)(e)  Hazardous material unlawful discharge and

20  disposal.

21         (g)(f)  Hazardous materials remediation.

22         Section 2.  This act shall take effect July 1, 2001.

23

24            *****************************************

25                          SENATE SUMMARY

26    Authorizes local governments to enact ordinances that
      provide additional exceptions to the state's preemption
27    of the regulation of pest-control activities.

28

29

30

31

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