House Bill hb0355

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    Florida House of Representatives - 2001                 HB 355

        By Representative Heyman






  1                      A bill to be entitled

  2         An act relating to pest control; amending s.

  3         482.242, F.S.; expanding the types of

  4         ordinances a local government or political

  5         subdivision is authorized to enact with respect

  6         to the regulation of the activities and

  7         operations of pest control services, including

  8         pesticides used under ch. 487, F.S.; providing

  9         an effective date.

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

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

14  Statutes, is amended to read:

15         482.242  Preemption.--

16         (1)  This chapter is intended as comprehensive and

17  exclusive regulation of pest control in this state.  The

18  provisions of this chapter preempt to the state all regulation

19  of the activities and operations of pest control services,

20  including the pesticides used pursuant to labeling and

21  registration approved under chapter 487.  No local government

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

23  ordinance that regulates pest control, except that the

24  preemption in this section does not prohibit a local

25  government or political subdivision from enacting an ordinance

26  regarding any of the following:

27         (a)  Local occupational licenses adopted pursuant to

28  chapter 205.

29         (b)1.  Land development regulations adopted pursuant to

30  chapter 163 which include regulation of any aspect of

31  development, including a subdivision, building construction,

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    Florida House of Representatives - 2001                 HB 355

    551-151-01






  1  sign regulation or any other regulation concerning the

  2  development of land., or

  3         2.  Landscaping or tree protection ordinances which do

  4  not include pesticide application restrictions.

  5         3.  Ordinances requiring annual inspections in, on, or

  6  under structures for termite activity or damage, including

  7  activity from Formosan termites.

  8         4.  Ordinances requiring pest control treatment in, on,

  9  or under structures at which termite activity or damage is

10  found.

11         5.  Ordinances requiring use of best available pest

12  control treatment technology for control of termites

13  consistent with this chapter and chapter 487.

14         6.  Ordinances authorizing local governments and

15  political subdivisions to provide programs by which property

16  owners, homeowners associations, cooperative associations, and

17  condominium associations may contract with the local

18  government or political subdivision to obtain termite

19  inspection and treatment services provided by individuals who

20  are licensed under this chapter or chapter 487.

21         (c)  Protection of wellhead protection areas and high

22  recharge areas.

23         (d)  Hazardous materials reporting as set forth in part

24  II of chapter 252, storage, and containment including as

25  relating to stormwater management.

26         (e)  Hazardous material unlawful discharge and

27  disposal.

28         (f)  Hazardous materials remediation.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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    Florida House of Representatives - 2001                 HB 355

    551-151-01






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  2                          HOUSE SUMMARY

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      Expands the types of ordinances a local government or
  4    political subdivision is authorized to enact under the
      exemption from preemption to the state of all regulation
  5    of the activities and operations of pest control
      services, including pesticides used under ch. 487, F.S.
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