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
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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
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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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