Senate Bill sb1052c1
CODING: Words stricken are deletions; words underlined are additions.
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,
1
CODING: Words stricken are deletions; words underlined are additions.
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.
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
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
4
CODING: Words stricken are deletions; words underlined are additions.
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.
5
CODING: Words stricken are deletions; words underlined are additions.
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
6
CODING: Words stricken are deletions; words underlined are additions.