House Bill hb0355c1

    Florida House of Representatives - 2001              CS/HB 355

        By the Committee on Agriculture & Consumer Affairs and
    Representative Heyman





  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 House of Representatives - 2001              CS/HB 355

    188-574-01






  1         (c)  Regulations that:

  2         1.  Require, for multi-complex dwellings in excess of

  3  10 units, annual termite inspections for termite activity or

  4  damage, including Formosan termites, which must be performed

  5  by a person licensed under this chapter.

  6         2.  Require pest control treatments of structures that

  7  have termite activity or damage which must be performed by a

  8  person licensed under this chapter.

  9         3.  Require property owners or other persons to obtain

10  inspections or pest control treatments performed by a person

11  licensed under this chapter.

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13  An ordinance by a local government or political subdivision

14  which requires an annual inspection or pest control treatment

15  must conform to current law.

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

17  high recharge areas.

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

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

20  relating to stormwater management.

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

22  disposal.

23         (g)(f)  Hazardous materials remediation.

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

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