Senate Bill sb1052c1

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    Florida Senate - 2001                           CS for SB 1052

    By the Committee on Agriculture and Consumer Services; and
    Senator Silver




    303-1527-01

  1                      A bill to be entitled

  2         An act relating to pest control; amending s.

  3         482.2267, F.S.; providing for a physician

  4         licensed under ch. 459, F.S., to provide

  5         certification for purposes of placing a person

  6         on the registry for prior notification of the

  7         application of a pesticide or class of

  8         pesticides; amending s. 482.242, F.S.;

  9         providing additional exceptions to the state's

10         preemption of pest-control regulation;

11         providing an effective date.

12

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

14

15         Section 1.  Subsections (1), (7), and (9) of section

16  482.2267, Florida Statutes, are amended to read:

17         482.2267  Registry of persons requiring prior

18  notification of the application of pesticides.--

19         (1)  The department shall maintain a current registry

20  of persons requiring prior notification of the application of

21  pesticides.  Upon request, the department shall register any

22  person who pays an initial registration fee of $50 and submits

23  to the department a certificate signed by a physician licensed

24  pursuant to chapter 458 or chapter 459, stating:

25         (a)  That the physician has examined the person and

26  determined that the placement of the person on the registry

27  for prior notification of the application of a pesticide or

28  class of pesticides is necessary to protect that person's

29  health;

30         (b)  Whether the physician is board certified by the

31  American Board of Medical Specialties in allergy, toxicology,

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    Florida Senate - 2001                           CS for SB 1052
    303-1527-01




  1  or occupational medicine; the American Osteopathic Board of

  2  Preventative Medicine; or the American Osteopathic Board of

  3  Internal Medicine in Allergy and Immunology;

  4         (c)  The distance surrounding the person's primary

  5  residence for which the person requires prior notification of

  6  the application of a pesticide or class of pesticides in order

  7  to protect the person's health;

  8         (d)  The pesticide or class of pesticides for which the

  9  physician has determined that prior notification to the person

10  is necessary to protect the person's health; and

11         (e)  The license number of the physician.

12         (7)  The application for registration and the

13  physician's certificate required by this section must be in

14  substantially the following form:

15

16  APPLICATION FOR PRIOR NOTIFICATION OF PESTICIDE APPLICATIONS

17

18  PART A (To be completed by applicant)

19  1.  Applicant's Name: ........................................

20  2.  Date of Birth: ...........................................

21  3.  Applicant's Residence Address (not Post Office Box):

22

23  ..............................................................

24

25  ..............................................................

26

27  ..............................................................

28  4.  Applicant's phone number: ................................

29  5.  I am applying to the Department to be placed upon the

30  registry requiring prior notification of pesticide

31  applications pursuant to Section 482.2267, Florida Statutes.

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    Florida Senate - 2001                           CS for SB 1052
    303-1527-01




  1

  2  ........................    ................

  3  Applicant's Signature          Date

  4

  5  PART B (To be completed by the physician)

  6  I, the undersigned physician, certify to the following:

  7  1.  I have examined the person making application above and

  8  have determined that his or her placement on the registry for

  9  prior notification of the application of the pesticide(s) or

10  class of pesticides set forth below is necessary to protect

11  that person's health.

12  2.a.  I [ ] am, [ ] am not, board certified and recognized by

13  the American Board of Medical Specialties in one or more of

14  the following medical specialties:

15  [ ] Allergy

16  [ ] Toxicology

17  [ ] Occupational medicine

18  b.  I [ ] am, [ ] am not, board certified and recognized by

19  the American Osteopathic Board of Preventative Medicine or the

20  American Osteopathic Board of Internal Medicine in Allergy and

21  Immunology.

22  3.  My license number is: ....................................

23  4.  The distance surrounding the person's primary residence

24  for which the person requires prior notification of the

25  application of the pesticide(s) or class of pesticides set

26  forth below in order to protect the person's health is:

27

28  ..............................................................

29  (Note:  The distance specified shall be limited to those

30  properties adjacent and contiguous to the person's primary

31  residence unless the physician is board certified in one of

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    Florida Senate - 2001                           CS for SB 1052
    303-1527-01




  1  the specialties specified in paragraph 2 above. In any event,

  2  the distance may not exceed a  1/2 -mile radius of the

  3  boundaries of the property where the patient resides and must

  4  not exceed the minimum distance required to protect the

  5  applicant's health).

  6  5.  The pesticide(s) or class of pesticides for which I have

  7  determined that prior notification to the person of the

  8  application within the area indicated above is necessary to

  9  protect the person's health is (are):

10

11  ..............................................................

12  ............................    ................

13  Signature of Certifying Physician      Date

14

15  ..............................................................

16  (Print name of Certifying Physician)

17         (9)  False information knowingly provided shall be a

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083, and information in such form or

20  certificate that the licensed physician knows, or should have

21  known to be false, is grounds for disciplinary action pursuant

22  to s. 458.331 or s. 459.015.

23         Section 2.  Subsection (1) of section 482.242, Florida

24  Statutes, is amended to read:

25         482.242  Preemption.--

26         (1)  This chapter is intended as comprehensive and

27  exclusive regulation of pest control in this state.  The

28  provisions of this chapter preempt to the state all regulation

29  of the activities and operations of pest control services,

30  including the pesticides used pursuant to labeling and

31  registration approved under chapter 487.  No local government

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    Florida Senate - 2001                           CS for SB 1052
    303-1527-01




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

  2  ordinance that regulates pest control, except that the

  3  preemption in this section does not prohibit a local

  4  government or political subdivision from enacting an ordinance

  5  regarding any of the following:

  6         (a)  Local occupational licenses adopted pursuant to

  7  chapter 205.

  8         (b)  Land development regulations adopted pursuant to

  9  chapter 163 which include regulation of any aspect of

10  development, including a subdivision, building construction,

11  sign regulation or any other regulation concerning the

12  development of land, or landscaping or tree protection

13  ordinances which do not include pesticide application

14  restrictions.

15         (c)  Regulations that:

16         1.  Require annual termite inspections for termite

17  activity or damage, including Formosan termites, which must be

18  performed by a person licensed under this chapter or chapter

19  487.

20         2.  Require pest control treatments of structures that

21  have termite activity or damage, which must be performed by a

22  person licensed under this chapter or chapter 487.

23         3.  Require property owners or other persons to obtain

24  inspections or pest control treatments performed by a person

25  licensed under this chapter or chapter 487.

26

27  An ordinance by a local government or political subdivision

28  which requires an annual inspection or pest control treatment

29  must conform to current law.

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

31  high recharge areas.

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    Florida Senate - 2001                           CS for SB 1052
    303-1527-01




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

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

  3  relating to stormwater management.

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

  5  disposal.

  6         (g)(f)  Hazardous materials remediation.

  7         Section 3.  This act shall take effect July 1, 2001.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB1052

11

12  Committee Substitute for Senate Bill 1052 is different from
    Senate Bill 1052 in that it:
13
    Authorizes licensed osteopathic physicians to provide the
14  certification required to include a person on the Pesticide
    Notification Registry, which is maintained by the Department
15  of Agriculture and Consumer Services.

16
    Provides additional exceptions to the state's preemption of
17  pest-control regulation and ensures that the pest control
    inspections and treatments will be performed in accordance
18  with current state law. It:

19
    --    Requires annual termite inspections for termite activity
20        or damage, including Formosan termites, performed by a
          person licensed under chapter 482 or chapter 487.
21

22  --    Requires pest control treatments of structures that have
          termite activity or damage performed by a person
23        licensed under chapter 482 or chapter 487; and

24
    --    Requires property owners or other persons to obtain
25        inspections or pest control treatments performed by a
          person licensed under chapter 482 or chapter 487.
26

27
    Requires an ordinance by a local government or other political
28  subdivision which requires an annual inspection or pest
    control treatment to conform to current law.
29

30

31

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