Senate Bill sb0014Cc1

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    Florida Senate - 2001                           CS for SB 14-C

    By the Committee on Criminal Justice; and Senator Geller





    307-736-02

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         487.051, F.S.; authorizing the department to

  5         adopt rules establishing requirements governing

  6         aircraft used for the aerial application of

  7         pesticides and requirements governing the

  8         storage of pesticides; amending s. 570.07,

  9         F.S.; conforming provisions; amending s.

10         576.181, F.S.; authorizing the department to

11         adopt rules establishing requirements governing

12         aircraft used for the aerial application of

13         fertilizers and requirements governing the

14         storage of fertilizers; amending s. 578.11,

15         F.S.; authorizing the department to adopt rules

16         establishing requirements governing aircraft

17         used for the aerial application of seed;

18         requiring that the department report to the

19         Legislature on the implementation of any rule

20         adopted as authorized by the act; directing the

21         review of the cost impact of aerial application

22         of pesticides; providing an effective date.

23

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

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26         Section 1.  Subsection (1) of section 487.051, Florida

27  Statutes, is amended to read:

28         487.051  Administration; rules; procedure.--

29         (1)  The department may by rule:

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    Florida Senate - 2001                           CS for SB 14-C
    307-736-02




  1         (a)  Declare as a pest any form of plant or animal life

  2  or virus which is injurious to plants, humans, domestic

  3  animals, articles, or substances.

  4         (b)  Establish procedures for the taking and handling

  5  of samples and establish tolerances and deficiencies where not

  6  specifically provided for in this chapter; assess penalties;

  7  and prohibit the sale or use of pesticides or devices shown to

  8  be detrimental to human beings, the environment, or

  9  agriculture or to be otherwise of questionable value.

10         (c)  Determine whether pesticides, and quantities of

11  substances contained in pesticides, are injurious to the

12  environment.  The department shall be guided by the United

13  States Environmental Protection Agency regulations in this

14  determination.

15         (d)  Establish requirements governing aircraft used for

16  the aerial application of pesticides, including requirements

17  for recordkeeping, annual aircraft registration, secure

18  storage when not in use, area-of-application information, and

19  reporting any sale, lease, purchase, rental, or transfer of

20  such aircraft to another person.

21         (e)  Establish requirements governing the secure

22  storage of pesticides used by aerial pesticide applicators.

23         Section 2.  Subsections (39) and (40) are added to

24  section 570.07, Florida Statutes, to read:

25         570.07  Department of Agriculture and Consumer

26  Services; functions, powers, and duties.--The department shall

27  have and exercise the following functions, powers, and duties:

28         (39)  To adopt by rule requirements governing aircraft

29  used for the aerial application of pesticides, fertilizers, or

30  seed, including requirements for recordkeeping, annual

31  aircraft registration, secure storage when not in use,

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    Florida Senate - 2001                           CS for SB 14-C
    307-736-02




  1  area-of-application information, and reporting any sale,

  2  lease, purchase, rental, or transfer of such aircraft to

  3  another person.

  4         (40)  To adopt by rule requirements governing the

  5  aerial applicator's secure storage of pesticides and

  6  fertilizers.  Except as provided in chapters 373, 376, and

  7  403, regulation of the use of pesticides and fertilizers for

  8  aerial applicators is expressly preempted to the department.

  9         Section 3.  Subsections (3) and (4) are added to

10  section 576.181, Florida Statutes, to read:

11         576.181  Administration; rules; procedure.--

12         (3)  The department may establish by rule requirements

13  governing aircraft used for the aerial application of

14  fertilizers, including requirements for recordkeeping, annual

15  aircraft registration, secure storage when not in use,

16  area-of-application information, and reporting any sale,

17  lease, purchase, rental, or transfer of such aircraft to

18  another person.

19         (4)  The department may establish by rule requirements

20  governing the secure storage of fertilizers used by aerial

21  fertilizer applicators.

22         Section 4.  Paragraph (j) is added to subsection (2) of

23  section 578.11, Florida Statutes, to read:

24         578.11  Duties, authority, and rules of the

25  department.--

26         (2)  The department is authorized:

27         (j)  To establish, by rule, requirements governing

28  aircraft used for the aerial application of seed, including

29  requirements for recordkeeping, annual aircraft registration,

30  secure storage when not in use, area-of-application

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    Florida Senate - 2001                           CS for SB 14-C
    307-736-02




  1  information, and reporting any sale, lease, purchase, rental,

  2  or transfer of such aircraft to another person.

  3         Section 5.  By January 1, 2003, the Department of

  4  Agriculture and Consumer Services shall report to the

  5  President of the Senate and the Speaker of the House of

  6  Representatives on the implementation of any rule adopted by

  7  the department as authorized by this act.

  8         Section 6.  The Office of Program Policy Analysis and

  9  Government Accountability is directed to review the cost

10  impact to the aerial-application industry of the

11  implementation of any rules adopted by the Department of

12  Agriculture and Consumer Services pursuant to this act and

13  report its findings to the President of the Senate and the

14  Speaker of the House of Representatives by January 1, 2003.

15         Section 7.  This act shall take effect upon becoming a

16  law.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 14-C

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21  Provides, with certain exceptions, that regulation of the use
    of pesticides and fertilizers for aerial applicators is
22  expressly preempted by the Department of Agriculture and
    Consumer Services.
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