Amendment

Bill No. 1307

Amendment No. 241547

CHAMBER ACTION
Senate		House
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1	Representative Poppell offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (8) of section 381.008, Florida
6	Statutes, is amended to read:
7	381.008  Definitions of terms used in ss. 381.008-
8	381.00897.--As used in ss. 381.008-381.00897, the following
9	words and phrases mean:
10	(8)  "Residential migrant housing"--A building, structure,
11	mobile home, barracks, or dormitory, and any combination thereof
12	on adjacent property which is under the same ownership,
13	management, or control, and the land appertaining thereto, that
14	is rented or reserved for occupancy by five or more seasonal or
15	migrant farmworkers, except:
16	(a)  Housing furnished as an incident of employment.
17	(b)  A single-family residence or mobile home dwelling unit
18	that is occupied only by a single family and that is not under
19	the same ownership, management, or control as other farmworker
20	housing to which it is adjacent or contiguous.
21	(c)  A hotel, motel, or resort condominium, as defined in
22	chapter 509, that is furnished for transient occupancy.
23	(d)  Any housing owned or operated by a public housing
24	authority except for housing which is specifically provided for
25	persons whose principal income is derived from agriculture.
26	Section 2.  Subsections (1) and (2) of section 381.0086,
27	Florida Statutes, are amended, and subsection (6) is added to
28	said section, to read:
29	381.0086  Rules; variances; penalties.--
30	(1)  The department shall adopt rules necessary to protect
31	the health and safety of migrant farmworkers farm workers and
32	other migrant labor camp or residential migrant housing
33	occupants, including rules governing field sanitation
34	facilities. These rules must include definitions of terms,
35	provisions relating to plan review of the construction of new,
36	expanded, or remodeled camps or residential migrant housing,
37	sites, buildings and structures, personal hygiene facilities,
38	lighting, sewage disposal, safety, minimum living space per
39	occupant, bedding, food equipment, food storage and preparation,
40	insect and rodent control, garbage, heating equipment, water
41	supply, maintenance and operation of the camp, housing, or
42	roads, and such other matters as the department finds to be
43	appropriate or necessary to protect the life and health of the
44	occupants. Housing operated by a public housing authority is
45	exempt from the provisions of any administrative rule that
46	conflicts with or is more stringent than the federal standards
47	applicable to the housing.
48	(2)  Except when prohibited as specified in subsection (6),
49	an owner or operator may apply for a permanent structural
50	variance from the department's rules by filing a written
51	application and paying a fee set by the department, not to
52	exceed $100. This application must:
53	(a)  Clearly specify the standard from which the variance
54	is desired.;
55	(b)  Provide adequate justification that the variance is
56	necessary to obtain a beneficial use of an existing facility and
57	to prevent a practical difficulty or unnecessary hardship.; and
58	(c)  Clearly set forth the specific alternative measures
59	that the owner or operator has taken to protect the health and
60	safety of occupants and adequately show that the alternative
61	measures have achieved the same result as the standard from
62	which the variance is sought.
63	(6)  For the purposes of filing an interstate clearance
64	order with the Agency for Workforce Innovation, if the housing
65	is covered by 20 C.F.R. part 654, subpart E, no permanent
66	structural variance referred to in subsection (2) is allowed.
67	Section 3.  Subsections (1) and (6) of section 381.0087,
68	Florida Statutes, are amended, and subsection (9) is added to
69	said section, to read:
70	381.0087  Enforcement; citations.--
71	(1)  Department personnel or crew chief compliance officers
72	employed by the Bureau of Compliance of the Florida Department
73	of Labor and Employment Security may issue citations that
74	contain an order of correction or an order to pay a fine, or
75	both, for violations of ss. 381.008-381.00895 or the field
76	sanitation facility rules adopted by the department when a
77	violation of those sections or rules is enforceable by an
78	administrative or civil remedy, or when a violation of those
79	sections or rules is a misdemeanor of the second degree. A
80	citation issued under this section constitutes a notice of
81	proposed agency action. The recipient of a citation for a major
82	deficiency, as defined by rule of the department, will be given
83	a maximum of 48 hours to make satisfactory correction or
84	demonstrate that provisions for correction are satisfactory.
85	(6)  Any person who willfully refuses to sign and accept a
86	citation issued by the department commits or the Department of
87	Labor and Employment Security is guilty of a misdemeanor of the
88	second degree, punishable as provided in s. 775.082 or s.
89	775.083.
90	(9)  When the department suspects that a law has been
91	violated, it shall notify the entity that enforces the law.
92	Section 4.  Subsection (1) of section 403.088, Florida
93	Statutes, is amended to read:
94	403.088  Water pollution operation permits; conditions.--
95	(1)  No person, without written authorization of the
96	department, shall discharge into waters within the state any
97	waste which, by itself or in combination with the wastes of
98	other sources, reduces the quality of the receiving waters below
99	the classification established for them. However, this section
100	shall not be deemed to prohibit the application of pesticides to
101	waters in the state for the control of insects, aquatic weeds,
102	or algae, provided the application is performed pursuant to a
103	program approved by the Department of Health, in the case of
104	insect control, or the department, in the case of aquatic weed
105	or algae control. The department is directed to enter into
106	interagency agreements to establish the procedures for program
107	approval. Such agreements shall provide for public health,
108	welfare, and safety, as well as environmental factors. Approved
109	programs must provide that only chemicals approved for the
110	particular use by the United States Environmental Protection
111	Agency or by the Department of Agriculture and Consumer Services
112	may be employed and that they be applied in accordance with
113	registered label instructions, state standards for such
114	application, and the provisions of the Florida Pesticide Law,
115	part I of chapter 487.
116	Section 5.  Subsection (1) of section 450.191, Florida
117	Statutes, is amended to read:
118	450.191  Executive Office of the Governor; powers and
119	duties.--
120	(1)  The Executive Office of the Governor is authorized and
121	directed to:
122	(a)  Advise and consult with employers of migrant and
123	seasonal workers and their employers as to the ways and means of
124	improving living and working conditions of migrant and seasonal
125	workers.;
126	(b)  Cooperate with the Department of Health in
127	establishing minimum standards of preventive and curative health
128	and of housing and sanitation in migrant labor camps and in
129	making surveys to determine the adequacy of preventive and
130	curative health services available to occupants of migrant labor
131	camps.;
132	(c)  Provide coordination for the enforcement of ss.
133	381.008-381.0088 and ss. 450.27-450.38.;
134	(d)  Cooperate with the Department of Business and
135	Professional Regulation other departments of government in
136	coordinating and enforcing all applicable labor laws, including,
137	but not limited to, those relating to private employment
138	agencies, child labor, wage payments, wage claims, and farm
139	labor contractors. crew leaders;
140	(e)  Cooperate with the Department of Education to provide
141	educational facilities for the children of migrant laborers.;
142	(f)  Cooperate with the Department of Highway Safety and
143	Motor Vehicles to establish minimum standards for the
144	transporting of migrant laborers.;
145	(g)  Cooperate with the Department of Agriculture and
146	Consumer Services to conduct an education program for employers
147	of migrant laborers pertaining to the standards, methods, and
148	objectives of the office.;
149	(h)  Cooperate with the Department of Children and Family
150	Services in coordinating all public assistance programs as they
151	may apply to migrant laborers.;
152	(i)  Coordinate all federal, state, and local programs
153	pertaining to migrant laborers.;
154	(j)  Cooperate with the Agency for Workforce Innovation
155	farm labor office of the Department of Business and Professional
156	Regulation in the recruitment and referral of migrant laborers
157	and other persons for the planting, cultivation, and harvesting
158	of agricultural crops in Florida.
159	(2)  The office shall arrange, through the Department of
160	Health, for the provision of the supplementary services set
161	forth in paragraph (1)(b) to the extent of available
162	appropriations. Such services may be provided through the use of
163	one or more traveling dispensaries, or by contract with
164	physicians, dentists, hospitals, or clinics, or in such manner
165	as may be recommended by the Department of Health.
166	Section 6.  Section 450.201, Florida Statutes, is amended
167	to read:
168	450.201  Legislative Commission on Migrant and Seasonal
169	Labor; membership; filling vacancies.--
170	(1)  There is created a permanent joint committee of the
171	Florida Legislature to be known as the Legislative Commission on
172	Migrant and Seasonal Labor, to be composed of three members of
173	the Senate, appointed by the President of the Senate, and three
174	members of the House of Representatives, appointed by the
175	Speaker of the House. One member from each house shall be a
176	member of the minority party. Any vacancy in the commission
177	shall be filled by the respective presiding officer from the
178	membership of the legislative body from which the vacancy
179	occurred. However, a member who ceases to be a member of the
180	legislative body from which appointed shall continue to be a
181	member of the commission until the next succeeding regular
182	session of the Legislature, at which the commission shall render
183	its report to the Legislature.
184	(2)  Appointments shall be made no later than March 1,
185	2005.
186	(3)  The first meeting of the commission shall be no later
187	than July 1, 2005.
188	Section 7.  Section 450.231, Florida Statutes, is amended
189	to read:
190	450.231  Annual reports to Legislature.--The commission
191	shall report its findings, recommendations, and proposed
192	legislation to each regular session of the Legislature no later
193	than February 1 of each year beginning in 2006.
194	Section 8.  Section 450.27, Florida Statutes, is amended to
195	read:
196	450.27  Short title.--This part shall be known by the
197	popular name may be cited as the "Farm Labor Contractor
198	Registration Law."
199	Section 9.  Section 450.271, Florida Statutes, is amended
200	to read:
201	450.271  State administration of the Migrant and Seasonal
202	Agricultural Worker Protection Act.--The Department of Business
203	and Professional Regulation Labor and Employment Security may
204	enter into agreements with the Secretary of Labor of the United
205	States to authorize the department to administer within the
206	State of Florida the provisions of the Migrant and Seasonal
207	Agricultural Worker Protection Act of 1983, as amended.
208	Section 10.  Subsections (5) and (6) are added to section
209	450.28, Florida Statutes, to read:
210	450.28  Definitions.--
211	(5)  "Minor violation" means a violation of a specific
212	state or federal law or rule that does not result in economic or
213	physical harm to any person recruited, transported, supplied, or
214	hired by a farm labor contractor or create a significant threat
215	of such harm.
216	(6)  "Major violation" means a violation of a specific
217	state or federal law or rule that results in economic or
218	physical harm to any person recruited, transported, supplied, or
219	hired by a farm labor contractor or creates a significant threat
220	of such harm.
221	Section 11.  Subsections (6) and (7) of section 450.30,
222	Florida Statutes, are amended to read:
223	450.30  Requirement of certificate of registration;
224	education and examination program.--
225	(6)  The department shall require an applicant for renewal
226	of a certificate of registration to retake the examination only
227	if:
228	(a)  During the prior certification period, the department
229	issued a final order assessing a civil monetary penalty for a
230	major violation of this part or revoked or refused to renew or
231	issue a certificate of registration; or
232	(b)  The department determines that new requirements
233	related to the duties and responsibilities of a farm labor
234	contractor necessitate a new examination.
235	(7)  The department shall charge each applicant a $35 fee
236	for the education and examination program. Such fees shall be
237	deposited in the Professional Regulation Crew Chief Registration
238	Trust Fund.
239	Section 12.  Subsections (1) and (2) of section 450.31,
240	Florida Statutes, are amended, and subsections (5) and (6) are
241	added to said section, to read:
242	450.31  Issuance, revocation, and suspension of, and
243	refusal to issue or renew, certificate of registration.--
244	(1)  The department shall not issue to any person a
245	certificate of registration as a farm labor contractor, nor
246	shall it renew such certificate, until:
247	(a)  Such person has executed a written application
248	therefor in a form and pursuant to regulations prescribed by the
249	department and has submitted such information as the department
250	may prescribe.
251	(b)  Such person has obtained and holds a valid federal
252	certificate of registration as a farm labor contractor, or a
253	farm labor contractor employee, unless exempt by federal law.
254	(c)  Such person pays to the department, by cashier's check
255	in cash, certified check, or money order, a nonrefundable
256	application fee of $125 $75. Fees collected by the department
257	under this subsection shall be deposited in the State Treasury
258	into the Professional Regulation Crew Chief Registration Trust
259	Fund, which is hereby created, and shall be used utilized for
260	administration of this part.
261	(d)  Such person has successfully taken and passed the farm
262	labor contractor examination.
263	(e)  Such person has designated an agent to receive service
264	of process and other official or legal documents. The agent must
265	be available during regular business hours, Monday through
266	Friday, to accept service on behalf of the farm labor
267	contractor.
268	(2)  The department may revoke, suspend, or refuse to issue
269	or renew any certificate of registration when it is shown that
270	the farm labor contractor has:
271	(a)  Violated or failed to comply with any provision of
272	this part or the rules adopted pursuant to this part; s. 450.36.
273	(b)  Made any misrepresentation or false statement in his
274	or her application for a certificate of registration;.
275	(c)  Given false or misleading information concerning
276	terms, conditions, or existence of employment to persons who are
277	recruited or hired to work on a farm;.
278	(d)  Been assessed a civil fine by the department for which
279	payment is overdue;
280	(e)  Failed to pay unemployment compensation taxes as
281	determined by the Agency for Workforce Innovation;
282	(f)  Been denied, or had suspended or revoked, a federal
283	certificate of registration as a farm labor contractor; or
284	(g)  Failed to pay federal employee taxes as determined by
285	the Internal Revenue Service.
286	(5)  The department may permanently revoke or refuse to
287	issue or renew a certificate of registration if such applicant
288	or certificate holder has been convicted within the preceding 5
289	years of:
290	(a)  A crime under state or federal law:
291	1.  Relating to gambling, or to the sale, distribution, or
292	possession of alcoholic beverages.
293	2.  Committed in connection with, or incident to, any farm
294	labor contracting activities; or
295	(b)  Any felony under state or federal law involving
296	robbery, bribery, extortion, embezzlement, grand larceny,
297	burglary, arson, violation of narcotics laws, murder, rape,
298	assault with intent to kill, assault that inflicts grievous
299	bodily injury, prostitution, peonage, or smuggling or harboring
300	individuals who have entered the country illegally.
301	(6)  Receipt and acceptance of a certificate of
302	registration as a farm labor contractor constitutes
303	unconditional permission for and acquiescence by the contractor
304	to the inspection by department personnel of books, ledgers, and
305	all other documents that are related to the performance of the
306	contractor's farm labor activities.
307	Section 13.  Section 450.321, Florida Statutes, is created
308	to read:
309	450.321  Best practices incentive program for farm labor
310	contractors.--
311	(1)  To promote compliance with this part, and to help the
312	public identify farm labor contractors who have demonstrated a
313	firm commitment to responsible and safe labor practices, the
314	department shall develop and implement a best practices
315	incentive program for farm labor contractors.
316	(2)  Farm labor contractors who seek designation as a best
317	practices farm labor contractor must meet the requirements set
318	by the department. A farm labor contractor may not transfer or
319	use without authorization a designation as a best practices farm
320	labor contractor.
321	(3)  The department may enter into a partnership agreement
322	with a farm labor contractor that states the responsibilities of
323	each party to the agreement regarding the requirements to
324	receive and maintain a best practices designation. Recipients of
325	a designation as a best practices farm labor contractor may use
326	this designation when soliciting business as long as the
327	designation is in effect.
328	(4)  A designation as a best practices farm labor
329	contractor may be revoked when the department determines that
330	the recipient has failed to comply with a requirement
331	established pursuant to subsection (2). When a designation is
332	revoked, the prior recipient shall cease all use of the best
333	practices farm labor contractor designation when soliciting
334	business.
335	(5)  The grant of a designation as a best practices farm
336	labor contractor is not an endorsement of the recipient by the
337	department and may not be characterized as such.
338	(6)  The department may not be held liable in a civil
339	action for damages resulting from the granting, denying,
340	suspending, or revoking of a designation as a best practices
341	farm labor contractor.
342	(7)  The department shall establish an incentive program
343	for farm labor contractors who hold a valid best practices
344	designation.
345	Section 14.  Subsection (10) of section 450.33, Florida
346	Statutes, is amended, and subsection (11) is added to said
347	section, to read:
348	450.33  Duties of farm labor contractor.--Every farm labor
349	contractor must:
350	(10)  Comply with all applicable statutes, rules, and
351	regulations of the United States and of the State of Florida for
352	the protection or benefit of labor, including, but not limited
353	to, those providing for wages, hours, fair labor standards,
354	social security, workers' compensation, unemployment
355	compensation, child labor, and transportation. The department
356	shall not suspend or revoke a certificate of registration
357	pursuant to this subsection unless:
358	(a)  A court or agency of competent jurisdiction renders a
359	judgment or other final decision that a violation of one of the
360	laws, rules, or regulations has occurred and, if invoked, the
361	appellate process is exhausted;
362	(b)  An administrative hearing pursuant to ss. 120.569 and
363	120.57 is held on the suspension or revocation and the
364	administrative law judge finds that a violation of one of the
365	laws, rules, or regulations has occurred and, if invoked, the
366	appellate process is exhausted; or
367	(c)  The holder of a certificate of registration stipulates
368	that a violation has occurred or defaults in the administrative
369	proceedings brought to suspend or revoke his or her
370	registration.
371	(11)  Maintain accurate daily field records for each
372	employee actually paid by the farm labor contractor reflecting
373	the hours worked for the farm labor contractor and, if paid by
374	unit, the number of units harvested and the amount paid per
375	unit.
376	Section 15.  Subsections (4) and (5) are added to section
377	450.34, Florida Statutes, to read:
378	450.34  Prohibited acts of farm labor contractor.--A
379	licensee may not:
380	(4)  Retaliate against any person that has filed a
381	complaint or aided an investigation pursuant to this part.
382	(5)  Contract with or employ any person acting in the
383	capacity of a farm labor contractor, or performing activities
384	defined in s. 450.28(1), when that person does not have a
385	current certificate of registration issued by the department
386	pursuant to the requirements of this part.
387	Section 16.  Section 450.35, Florida Statutes, is amended
388	to read:
389	450.35  Certain contracts or employment prohibited.--It is
390	unlawful for any person to contract with or employ for the
391	employment of farm workers with any farm labor contractor as
392	defined in this act, for matters relating to farm labor, until
393	the labor contractor displays to him or her a current
394	certificate of registration issued by the department pursuant to
395	the requirements of this part. A violation of this section is
396	subject to the penalties provided for violations in s.
397	450.38(1).
398	Section 17.  Section 450.37, Florida Statutes, is amended
399	to read:
400	450.37  Cooperation with state and federal agencies.--The
401	department shall, whenever appropriate, cooperate with any
402	federal agency. The department may cooperate with and enter into
403	agreements with any other state agency to administer this
404	chapter or secure uniform rules.
405	Section 18.  Section 450.38, Florida Statutes, is amended
406	to read:
407	450.38  Enforcement of farm labor contractor laws.--
408	(1)  Any person, firm, association, or corporation not
409	excluded under s. 450.29 that commits a minor violation who
410	violates any provision of this part commits a misdemeanor of the
411	second degree, punishable as provided in s. 775.082 or s.
412	775.083.
413	(2)  Any person, firm, association, or corporation that
414	commits a major violation of this part commits a felony of the
415	third degree, punishable as provided in s. 775.082, s. 775.083,
416	or s. 775.084.
417	(3)(2)  Any person, firm, association, or corporation that
418	who, on or after June 19, 1985, commits a violation of this part
419	or of any rule adopted thereunder may be assessed a civil
420	penalty of not more than $2,500 $1,000 for each such violation.
421	Such assessed penalties shall be paid by cashier's check in
422	cash, certified check, or money order and shall be deposited
423	into the General Revenue Fund. The department shall not
424	institute or maintain any administrative proceeding to assess a
425	civil penalty under this subsection when the violation is the
426	subject of a criminal indictment or information under this
427	section which results in a criminal penalty being imposed, or of
428	a criminal, civil, or administrative proceeding by the United
429	States government or an agency thereof which results in a
430	criminal or civil penalty being imposed. The department may
431	adopt rules prescribing the criteria to be used to determine the
432	amount of the civil penalty and to provide notification to
433	persons assessed a civil penalty under this section.
434	(4)(3)  Upon a complaint of the department being filed in
435	the circuit court of the county in which the farm labor
436	contractor resides or may be doing business, any farm labor
437	contractor who fails to obtain a certificate of registration as
438	required by this part may, in addition to such penalties, be
439	enjoined from engaging in any activity which requires the farm
440	labor contractor to possess a certificate of registration.
441	(5)(4)  For the purpose of any investigation or proceeding
442	conducted by the department, the secretary of the department or
443	the secretary's designee shall have the power to administer
444	oaths, take depositions, make inspections when authorized by
445	statute, issue subpoenas which shall be supported by affidavit,
446	serve subpoenas and other process, and compel the attendance of
447	witnesses and the production of books, papers, documents, and
448	other evidence. The secretary of the department or the
449	secretary's designee shall exercise this power on the
450	secretary's own initiative.
451	(6)  A farm labor contractor who commits a minor violation
452	of this part shall be issued a warning for the first violation.
453	A civil penalty in increments of $250 may be assessed for each
454	successive violation of a specific statute or rule of this part
455	up to a maximum of $2,500.
456	(7)  A farm labor contractor who commits a major violation
457	of a specific statute or rule of this part shall be assessed a
458	civil penalty of up to $2,500 in accordance with the criteria
459	established by the department pursuant to s. 450.38.
460	Section 19.  Section 450.39, Florida Statutes, is created
461	to read:
462	450.39  Prohibition against required purchase; prohibition
463	against excessive charges.--
464	(1)  A farm labor contractor may not require any farmworker
465	to purchase goods or services solely from such farm labor
466	contractor or from a person acting as an agent for such farm
467	labor contractor.
468	(2)  A farm labor contractor may not charge a farmworker
469	more than a reasonable cost for any commodity, including
470	housing, food, water, or other consumables, in accordance with
471	Title 29 C.F.R. s. 531.3. As used in this subsection, the term
472	"reasonable cost" does not include a profit to the farm labor
473	contractor or to any other person acting as an agent for the
474	farm labor contractor.
475	Section 20.  Section 487.011, Florida Statutes, is amended
476	to read:
477	487.011  Popular name Short title; administration.--This
478	part shall chapter may be known by the popular name cited as the
479	"Florida Pesticide Law" and shall be administered by the
480	Department of Agriculture and Consumer Services.
481	Section 21.  Section 487.012, Florida Statutes, is amended
482	to read:
483	487.012  Declaration of purpose.--The purpose of this part
484	chapter is to regulate the distribution, sale, and use of
485	pesticides, except as provided in chapters 388 and 482, and to
486	protect people and the environment from the adverse effects of
487	pesticides.
488	Section 22.  Section 487.021, Florida Statutes, is amended
489	to read:
490	487.021  Definitions.--For the purpose of this part
491	chapter:
492	(1)  "Acceptable release rate" means a measured release
493	rate not exceeding 4.0 micrograms per square centimeter per day
494	at steady state conditions as determined in accordance with a
495	United States Environmental Protection Agency testing data call-
496	in notice of July 29, 1986, on tributyltin in antifouling paints
497	under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
498	U.S.C. s. 136, or at a rate established by the department.
499	(2)  "Active ingredient" means:
500	(a)  In the case of a pesticide other than a plant
501	regulator, defoliant, or desiccant, an ingredient which will
502	prevent, destroy, repel, or mitigate insects, nematodes, fungi,
503	rodents, weeds, or other pests.
504	(b)  In the case of a plant regulator, an ingredient which,
505	through physiological action, will accelerate or retard the rate
506	of growth or rate of maturation, or otherwise alter the
507	behavior, of ornamental or crop plants or the produce thereof.
508	(c)  In the case of a defoliant, an ingredient which will
509	cause the leaves or foliage to drop from a plant.
510	(d)  In the case of a desiccant, an ingredient which will
511	artificially accelerate the drying of plant tissue.
512	(3)  "Added ingredient" means any plant nutrient or plant
513	regulator added to the mixture which is not an active pesticidal
514	ingredient, but which the manufacturer wishes to show on the
515	label.
516	(4)  "Adulterated" applies to any pesticide if its strength
517	or purity falls below or is in excess of the professed standard
518	of quality as expressed on labeling or under which it is sold,
519	if any substance has been substituted wholly or in part for the
520	pesticide or if any valuable constituent of the pesticide has
521	been wholly or in part abstracted.
522	(5)  "Advertisement" means all representations disseminated
523	in any manner or by any means other than by labeling, for the
524	purpose of inducing, or which are likely to induce, directly or
525	indirectly, the purchase of pesticides.
526	(6)  "Age of majority" means any natural person 18 years of
527	age or older, or an emancipated minor.
528	(7)  "Aircraft" means any machine designed for flight and
529	for use in applying pesticides.
530	(8)  "Animal" means all vertebrate and invertebrate
531	species, including, but not limited to, humans and other
532	mammals, birds, fish, and shellfish.
533	(9)  "Antidote" means the most practical immediate
534	treatment for poisoning and includes first aid treatment.
535	(10)  "Antifouling paint" means a coating, paint, or
536	treatment that is intended for use as a pesticide, as defined in
537	this section, to control freshwater or marine fouling organisms.
538	(11)  "Antisiphon device" means a safety device used to
539	prevent the backflow of a mixture of water and chemicals into
540	the water supply.
541	(12)  "Batch" or "lot" means a quantity of pesticide
542	produced or packaged and readily identified by numbers, letters,
543	or other symbols.
544	(13)  "Brand" means the name, number, trademark, or any
545	other designation which distinguishes one pesticide product from
546	another.
547	(14)  "Certification" means the recognition by the
548	department that an individual is a competent pesticide
549	applicator and, thus, is eligible for licensure in one or more
550	of the designated license types and categories.
551	(15)  "Certified applicator" means any individual who has
552	been recognized by the department as a competent pesticide
553	applicator and, thus, is eligible to apply for licensure in one
554	or more of the designated license types and categories.
555	(16)  "Commercial applicator" means an individual who has
556	reached the age of majority and is licensed by the department to
557	use or supervise the use of any restricted-use pesticide for any
558	purpose on any property other than as provided by the
559	definitions of "private applicator," "product specific
560	applicator," or "public applicator," whether or not the
561	individual is a private applicator with respect to some uses.
562	(17)  "Dealer" means any person, other than the
563	manufacturer or distributor, who offers for sale, sells,
564	barters, or otherwise supplies pesticides to the ultimate user
565	or consumer.
566	(18)  "Deficiency" means the amount of an active ingredient
567	of a pesticide by which it fails to come up to its guaranteed
568	analysis when analyzed.
569	(19)  "Defoliant" means any substance or mixture of
570	substances intended for causing the leaves or foliage to drop
571	from a plant, with or without causing abscission.
572	(20)  "Department" means the Department of Agriculture and
573	Consumer Services or its authorized representative.
574	(21)  "Desiccant" means any substance or mixture of
575	substances intended for artificially accelerating the drying of
576	plant tissues.
577	(22)  "Device" means any instrument or contrivance (other
578	than a firearm) which is intended for trapping, destroying,
579	repelling, or mitigating, any pest or other form of plant or
580	animal life (other than human and other than bacteria, virus, or
581	other microorganism on or in living humans or other living
582	animals); but not including equipment used for the application
583	of pesticides when sold separately.
584	(23)  "Distribute" means to offer for sale, hold for sale,
585	sell, barter, or supply pesticides in this state.
586	(24)  "Distributor" means any person who offers for sale,
587	holds for sale, sells, barters, or supplies pesticides in this
588	state.
589	(25)  "Emergency exemption" means an exemption as
590	authorized in s. 18 of the Federal Insecticide, Fungicide, and
591	Rodenticide Act.
592	(26)  "Environment" means all water, air, land, plants, and
593	animals, and their relationships with one another.
594	(27)  "Equipment" means any type of ground, aquatic, or
595	aerial device used to apply any pesticide on land, and on
596	anything that may be growing, habituating, or stored on or in
597	the land. Equipment does not include any pressurized hand-size
598	household device used to apply any pesticide, or any other
599	device where the person applying the pesticide is the source of
600	power for applying the pesticide.
601	(28)  "Excess" means the amount of an active ingredient of
602	a pesticide found by analysis to be over the guaranteed amount.
603	(29)  "Experimental use permit" means a permit issued by
604	the department or by the United States Environmental Protection
605	Agency as authorized in s. 5 of the Federal Insecticide,
606	Fungicide, and Rodenticide Act.
607	(30)  "Fungi" means all non-chlorophyll-bearing
608	thallophytes (that is, all non-chlorophyll-bearing plants of a
609	lower order than mosses and liverworts), as, for example, rusts,
610	smuts, mildews, molds, yeasts, and bacteria, except those on or
611	in living humans or other animals.
612	(31)  "Highly toxic" means any highly poisonous pesticide
613	as determined by the rules promulgated pursuant to this part
614	chapter.
615	(32)  "Imminent hazard" means a situation which exists when
616	the continued use of a pesticide during the time required for
617	cancellation proceedings would be likely to result in
618	unreasonable adverse effects on the environment or will involve
619	unreasonable hazard to the survival of a species declared
620	endangered.
621	(33)  "Ineffective" means that pesticides such as
622	bacteriostats, disinfectants, germicides, sanitizers, and like
623	products fail to meet microbiological claims when tested in the
624	laboratory utilizing the officially approved procedures of the
625	Association of Official Analytical Chemists or other methods or
626	procedures as the department may find necessary.
627	(34)  "Inert ingredient" means an ingredient which is not
628	an active ingredient.
629	(35)  "Ingredient statement" means a statement of the name
630	and percentage by weight of each active ingredient, together
631	with the total percentage of the inert ingredients in the
632	pesticides.
633	(36)  "Insect" means any of the numerous small invertebrate
634	animals generally having the body more or less obviously
635	segmented, for the most part belonging to the class Insecta,
636	comprising six legs, usually in winged form (as, for example,
637	beetles, bugs, bees, and flies) and to other allied classes and
638	arthropods whose members are wingless and usually have more than
639	six legs (as, for example, spiders, mites, ticks, centipedes,
640	and wood lice).
641	(37)  "Irrigation system" means any device or combination
642	of devices having a hose, pipe, or other conduit which connects
643	directly to any source of ground or surface water, through which
644	device or combination of devices water or a mixture of water and
645	chemicals is drawn and applied for agricultural purposes. The
646	term does not include any handheld hose sprayer or other similar
647	device which is constructed so that an interruption in water
648	flow automatically prevents any backflow to the water source.
649	(38)  "Label" means the written, printed, or graphic matter
650	on or attached to a pesticide, device, or immediate and outside
651	container or wrappers of such pesticide or device.
652	(39)  "Labeling" means all labels and other written,
653	printed, or graphic matter referencing the pesticide or device
654	or upon any of its containers or wrappers, or accompanying the
655	pesticide or device at any time, but does not include accurate,
656	nonmisleading reference to current official publications of the
657	United States Departments of Agriculture or Interior, the
658	Environmental Protection Agency, the United States Public Health
659	Service, state experiment stations, state agricultural colleges,
660	or other similar federal institutions or official agencies of
661	this state or other states authorized by law to conduct research
662	in the field of pesticides.
663	(40)  "Land" means all land and water areas, including
664	airspace.
665	(41)  "Licensed applicator" means an individual who has
666	reached the age of majority and is authorized by license from
667	the department to use or supervise the use of any restricted-use
668	pesticide covered by the license.
669	(42)  "Manufacturer" means a person engaged in the business
670	of importing, producing, preparing, mixing, formulating, or
671	reformulating pesticides for the purpose of distribution.
672	(43)  "Mixer-loader" means any individual who handles open
673	containers or otherwise prepares, processes, or dilutes
674	pesticides in preparation for final application.
675	(44)  "Nematode" means invertebrate animals of the phylum
676	Nemathelminthes and class Nematoda (that is, unsegmented round
677	worms with elongated, fusiform, or saclike bodies covered with
678	cuticle and inhabiting soil, water, plants, or plant parts), and
679	may also be known as nemas or eelworms.
680	(45)  "Official sample" means any sample of a pesticide
681	taken by the department in accordance with the provisions of
682	this part chapter or rules adopted under this part chapter, and
683	designated as official by the department.
684	(46)  "Organotin compound" means any compound of tin used
685	as a biocide in an antifouling paint.
686	(47)  "Percent" means one one-hundredth part by weight or
687	volume.
688	(48)  "Pest" means:
689	(a)  Any insect, rodent, nematode, fungus, weed; or
690	(b)  Any other form of terrestrial or aquatic plant or
691	animal life or virus, bacteria, or other microorganism, except
692	viruses, bacteria, or other microorganisms on or in living
693	humans or other living animals, which is declared to be a pest
694	by the administrator of the United States Environmental
695	Protection Agency or which may be declared to be a pest by the
696	department by rule.
697	(49)  "Pesticide" means any substance or mixture of
698	substances intended for preventing, destroying, repelling, or
699	mitigating any insects, rodents, nematodes, fungi, weeds, or
700	other forms of plant or animal life or viruses, except viruses,
701	bacteria, or fungi on or in living humans or other animals,
702	which the department by rule declares to be a pest, and any
703	substance or mixture of substances intended for use as a plant
704	regulator, defoliant, or desiccant; however, the term
705	"pesticide" does not include any article that:
706	(a)  Is a "new animal drug" within the meaning of s. 201(w)
707	of the Federal Food, Drug, and Cosmetic Act;
708	(b)  Has been determined by the Secretary of the United
709	States Department of Health and Human Services not to be a new
710	animal drug by a regulation establishing conditions of use for
711	the article; or
712	(c)  Is an animal feed within the meaning of s. 201(x) of
713	the Federal Food, Drug, and Cosmetic Act bearing or containing
714	an article covered in this subsection.
715	(50)  "Plant nutrient" means any ingredient that furnishes
716	nourishment to the plant or promotes its growth in a normal
717	manner.
718	(51)  "Plant regulator" means any substance or mixture of
719	substances intended, through physiological action, for
720	accelerating or retarding the rate of growth or maturation, or
721	for otherwise altering the behavior, of ornamental or crop
722	plants or the produce thereof; but does not include substances
723	intended as plant nutrients, trace elements, nutritional
724	chemicals, plant inoculants, or soil amendments.
725	(52)  "Private applicator" means an individual who has
726	reached the age of majority and is licensed by the department to
727	use or supervise the use of any restricted-use pesticide for
728	purposes of producing any agricultural commodity on property
729	owned or rented by his or her employer, or, if applied without
730	compensation other than the trading of personal services between
731	producers of agricultural commodities, on the property of
732	another person.
733	(53)  "Product" means a unique pesticide and label as
734	distinguished by its individually assigned United States
735	Environmental Protection Agency registration number, special
736	local need registration number, or experimental use permit
737	number.
738	(54)  "Protect health and the environment" means protection
739	against any unreasonable adverse effects on people or the
740	environment.
741	(55)  "Public applicator" means an individual who has
742	reached the age of majority and is licensed by the department to
743	use or supervise the use of restricted-use pesticides as an
744	employee of a state agency, municipal corporation, or other
745	governmental agency.
746	(56)  "Product specific applicator" means an individual who
747	has reached the age of majority and is licensed by the
748	department to use or supervise the use of a particular
749	restricted-use pesticide product that is identified on the
750	license by the United States Environmental Protection Agency
751	registration number, as well as any Florida special local need
752	registration number and any specific identifying information as
753	deemed appropriate for nonfederally registered products exempt
754	under s. 18 of the Federal Insecticide, Fungicide, and
755	Rodenticide Act, provided that the restricted-use pesticide
756	product is used for the purpose of producing agricultural
757	commodities on property owned or rented by the licensee or the
758	licensee's employer, or is applied on the property of another
759	person without compensation other than trading of personal
760	services between producers of agricultural commodities.
761	(57)  "Registrant" means the person registering any
762	pesticide pursuant to the provisions of this part chapter.
763	(58)  "Restricted-use pesticide" means a pesticide which,
764	when applied in accordance with its directions for use,
765	warnings, and cautions and for uses for which it is registered
766	or for one or more such uses, or in accordance with a widespread
767	and commonly recognized practice, may generally cause, without
768	additional regulatory restrictions, unreasonable adverse effects
769	on the environment, or injury to the applicator or other
770	persons, and which has been classified as a restricted-use
771	pesticide by the department or the administrator of the United
772	States Environmental Protection Agency.
773	(59)  "Sell or sale" includes exchanges.
774	(60)  "Special local need registration" means a state
775	registration issued by the department as authorized in s. 24(c)
776	of the Federal Insecticide, Fungicide, and Rodenticide Act.
777	(61)  "Special review" is a process for reviewing selected
778	pesticides based upon information that the pesticides have been
779	found to present environmental or health concerns not considered
780	in the registration process or that data submitted in support of
781	registration are inadequate or outdated.
782	(62)  "Tolerance" means the deviation from the guaranteed
783	analysis permitted by law.
784	(63)  "Transportation of pesticides in bulk" means the
785	movement of a pesticide which is held in an individual container
786	in undivided quantities of greater than 55 U.S. gallons liquid
787	measure or 100 pounds net dry weight.
788	(64)  "Under the direct supervision of a licensed
789	applicator" means, unless otherwise prescribed by its labeling,
790	a pesticide that must be applied by a competent person acting
791	under the instruction and control of a licensed applicator who
792	is available if and when needed, even though the licensed
793	applicator is not physically present when the pesticide is
794	applied.
795	(65)  "Unreasonable adverse effects on the environment"
796	means any unreasonable risk to humans or the environment, taking
797	into account the economic, social, and environmental costs and
798	benefits of the use of any pesticide.
799	(66)  "Vessel" means any type of watercraft or other
800	artificial contrivance used, or capable of being used, as a
801	means of transportation on water.
802	(67)  "Weed" means any plant which grows where not wanted.
803	Section 23.  Subsection (2) of section 487.025, Florida
804	Statutes, is amended to read:
805	487.025  Misbranding.--
806	(2)  A pesticide is misbranded if:
807	(a)  It is an imitation of, or is offered for sale under
808	the name of, another pesticide.
809	(b)  Its labeling bears any reference to registration under
810	this part chapter.
811	(c)  The labeling accompanying it does not contain
812	instructions for use which are necessary and, if complied with,
813	adequate for the protection of the public.
814	(d)  The label does not contain a warning or caution
815	statement which may be necessary and, if complied with, adequate
816	to prevent injury to living humans and other vertebrate animals.
817	(e)  The label does not bear an ingredient statement on
818	that part of the immediate container, and on the outside
819	container or wrapper, if there is one, through which the
820	ingredient statement on the immediate container cannot be
821	clearly read, of the retail package which is presented or
822	displayed under customary conditions of purchase.
823	(f)  Any word, statement, or other information required by
824	or under authority of this part chapter to appear on the
825	labeling is not prominently placed thereon with such
826	conspicuousness, as compared with other words, statements,
827	designs, or graphic matter in the labeling, and in such terms as
828	to render it likely to be read and understood by the ordinary
829	individual under customary conditions of purchase and use.
830	(g)  It is injurious to living humans or other vertebrate
831	animals or vegetation, except weeds, to which it is applied, or
832	to the person applying such pesticide as directed or in
833	accordance with commonly recognized practice.
834	(h)  In the case of a plant regulator, defoliant, or
835	desiccant, when used as directed, it is injurious to living
836	humans or other vertebrate animals, or vegetation, to which it
837	is applied, or to the person applying such pesticide. However,
838	physical or physiological effects on plants or parts thereof
839	shall not be deemed to be injury when this is the purpose for
840	which the plant regulator, defoliant, or desiccant was applied
841	in accordance with the label claims and recommendations.
842	(i)  Any ingredient which is present in amounts which are
843	not likely to be effective when used according to directions is
844	given undue prominence or conspicuousness, as compared with
845	ingredients which are present in effective amounts, in its
846	labeling. Such ingredient shall appear only in the ingredient
847	statement.
848	(j)  It is found to be ineffective when tested in the
849	laboratory.
850	(k)  It is found by the department to be of short measure.
851	Section 24.  Subsections (2), (4), (5), and (13) of section
852	487.031, Florida Statutes, are amended to read:
853	487.031  Prohibited acts.--It is unlawful:
854	(2)  To distribute, sell, or offer for sale within this
855	state any pesticide or product which has not been registered
856	pursuant to the provisions of this part chapter, except
857	pesticides distributed, sold, offered for sale, or used in
858	accordance with the provisions of federal or state restriction,
859	supervision, or cancellation orders or other existing stock
860	agreements.
861	(4)  To detach, alter, deface, or destroy, in whole or in
862	part, any label or labeling provided for in this part chapter or
863	rules promulgated under this part chapter, or to add any
864	substance to, or take any substance from, any pesticide in a
865	manner that may defeat the purpose of this part chapter.
866	(5)  For any person to use for his or her own advantage or
867	to reveal any information relative to formulas of products
868	acquired by authority of this part chapter, other than to: the
869	department, proper officials, or employees of the state; the
870	courts of this state in response to a subpoena; physicians,
871	pharmacists, and other qualified persons, in an emergency, for
872	use in the preparation of antidotes. The information relative to
873	formulas of products is confidential and exempt from the
874	provisions of s. 119.07(1).
875	(13)  For any person to:
876	(a)  Make a false or fraudulent claim through any medium,
877	misrepresenting the effect of materials or methods used;
878	(b)  Make a pesticide recommendation or application not in
879	accordance with the label, except as provided in this section,
880	or not in accordance with recommendations of the United States
881	Environmental Protection Agency or not in accordance with the
882	specifications of a special local need registration;
883	(c)  Operate faulty or unsafe equipment;
884	(d)  Operate in a faulty, careless, or negligent manner;
885	(e)  Apply any pesticide directly to, or in any manner
886	cause any pesticide to drift onto, any person or area not
887	intended to receive the pesticide;
888	(f)  Fail to disclose to an agricultural crop grower, prior
889	to the time pesticides are applied to a crop, full information
890	regarding the possible harmful effects to human beings or
891	animals and the earliest safe time for workers or animals to
892	reenter the treated field;
893	(g)  Refuse or, after notice, neglect to comply with the
894	provisions of this part chapter, the rules adopted under this
895	part chapter, or any lawful order of the department;
896	(h)  Refuse or neglect to keep and maintain the records
897	required by this part chapter or to submit reports when and as
898	required;
899	(i)  Make false or fraudulent records, invoices, or
900	reports;
901	(j)  Use fraud or misrepresentation in making an
902	application for a license or license renewal;
903	(k)  Refuse or neglect to comply with any limitations or
904	restrictions on or in a duly issued license;
905	(l)  Aid or abet a licensed or unlicensed person to evade
906	the provisions of this part chapter, or combine or conspire with
907	a licensed or unlicensed person to evade the provisions of this
908	part chapter, or allow a license to be used by an unlicensed
909	person;
910	(m)  Make false or misleading statements during or after an
911	inspection concerning any infestation or infection of pests
912	found on land;
913	(n)  Make false or misleading statements, or fail to
914	report, pursuant to this part chapter, any suspected or known
915	damage to property or illness or injury to persons caused by the
916	application of pesticides;
917	(o)  Impersonate any state, county, or city inspector or
918	official;
919	(p)  Fail to maintain a current liability insurance policy
920	or surety bond as provided for in this part chapter;
921	(q)  Fail to adequately train, as provided for in this part
922	chapter, unlicensed applicators or mixer-loaders applying
923	restricted-use pesticides under the direct supervision of a
924	licensed applicator; or
925	(r)  Fail to provide authorized representatives of the
926	department with records required by this part chapter or with
927	free access for inspection and sampling of any pesticide, areas
928	treated with or impacted by these materials, and equipment used
929	in their application.
930	Section 25.  Subsections (2), (3), and (8) of section
931	487.041, Florida Statutes, are amended to read:
932	487.041  Registration.--
933	(2)  For the purpose of defraying expenses of the
934	department in connection with carrying out the provisions of
935	this part chapter, each person shall pay an annual registration
936	fee of $250 for each registered pesticide. The annual
937	registration fee for each special local need label and
938	experimental use permit shall be $100. All registrations expire
939	on December 31 of each year. Nothing in this section shall be
940	construed as applying to distributors or retail dealers selling
941	pesticides when such pesticides are registered by another
942	person.
943	(3)  The department shall adopt rules governing the
944	procedures for pesticide registration and for the review of data
945	submitted by an applicant for registration of a pesticide. The
946	department shall determine whether a pesticide should be
947	registered, registered with conditions, or tested under field
948	conditions in this state. The department shall determine that
949	all requests for pesticide registrations meet the requirements
950	of current state and federal law. The department, whenever it
951	deems it necessary in the administration of this part chapter,
952	may require the manufacturer or registrant to submit the
953	complete formula, quantities shipped into or manufactured in the
954	state for distribution and sale, evidence of the efficacy and
955	the safety of any pesticide, and other relevant data. The
956	department may review and evaluate a registered pesticide if new
957	information is made available which indicates that use of the
958	pesticide has caused an unreasonable adverse effect on public
959	health or the environment. Such review shall be conducted upon
960	the request of the secretary of the Department of Health in the
961	event of an unreasonable adverse effect on public health or the
962	secretary of the Department of Environmental Protection in the
963	event of an unreasonable adverse effect on the environment. Such
964	review may result in modifications, revocation, cancellation, or
965	suspension of a pesticide registration. The department, for
966	reasons of adulteration, misbranding, or other good cause, may
967	refuse or revoke the registration of any pesticide, after notice
968	to the applicant or registrant giving the reason for the
969	decision. The applicant may then request a hearing, pursuant to
970	chapter 120, on the intention of the department to refuse or
971	revoke registration, and, upon his or her failure to do so, the
972	refusal or revocation shall become final without further
973	procedure. In no event shall registration of a pesticide be
974	construed as a defense for the commission of any offense
975	prohibited under this part chapter.
976	(8)  Nothing in this section affects the authority of the
977	department to administer the pesticide registration program
978	under this part chapter or the authority of the Commissioner of
979	Agriculture to approve the registration of a pesticide.
980	Section 26.  Section 487.0435, Florida Statutes, is amended
981	to read:
982	487.0435  License classification.--The department shall
983	issue certified applicator licenses in the following
984	classifications: certified public applicator; certified private
985	applicator; and certified commercial applicator. In addition,
986	separate classifications and subclassifications may be specified
987	by the department in rule as deemed necessary to carry out the
988	provisions of this part chapter. Each classification shall be
989	subject to requirements or testing procedures to be set forth by
990	rule of the department and shall be restricted to the activities
991	within the scope of the respective classification as established
992	in statute or by rule. In specifying classifications, the
993	department may consider, but is not limited to, the following:
994	(1)  Whether the license sought is for commercial, public,
995	or private applicator status.
996	(2)  The method of applying the restricted-use pesticide.
997	(3)  The specific crops upon which restricted-use
998	pesticides are applied.
999	(4)  The proximity of populated areas to the land upon
1000	which restricted-use pesticides are applied.
1001	(5)  The acreage under the control of the licensee.
1002	(6)  The pounds of technical restricted toxicant applied
1003	per acre per year by the licensee.
1004	Section 27.  Section 487.045, Florida Statutes, is amended
1005	to read:
1006	487.045  Fees.--
1007	(1)  The department shall establish applicable fees by
1008	rule. The fees shall not exceed $250 for commercial applicators
1009	or $100 for private applicators and public applicators, for
1010	initial licensing and for each subsequent license renewal. The
1011	fees shall be determined annually and shall represent department
1012	costs associated with enforcement of the provisions of this part
1013	chapter.
1014	(2)  Fees collected under the provisions of this part
1015	chapter shall be deposited into the General Inspection Trust
1016	Fund and shall be used to defray expenses in the administration
1017	of this part chapter.
1018	Section 28.  Subsection (2) of section 487.046, Florida
1019	Statutes, is amended to read:
1020	487.046  Application; licensure.--
1021	(2)  If the department finds the applicant qualified in the
1022	classification for which the applicant has applied, and if the
1023	applicant applying for a license to engage in aerial application
1024	of pesticides has met all of the requirements of the Federal
1025	Aviation Agency and the Department of Transportation of this
1026	state to operate the equipment described in the application and
1027	has shown proof of liability insurance or posted a surety bond
1028	in an amount to be set forth by rule of the department, the
1029	department shall issue a certified applicator's license, limited
1030	to the classifications for which the applicant is qualified. The
1031	license shall expire as required by rules promulgated under this
1032	part chapter, unless it has been revoked or suspended by the
1033	department prior to expiration, for cause as provided in this
1034	part chapter. The license or authorization card issued by the
1035	department verifying licensure shall be kept on the person of
1036	the licensee while performing work as a licensed applicator.
1037	Section 29.  Section 487.047, Florida Statutes, is amended
1038	to read:
1039	487.047  Nonresident license; reciprocal agreement;
1040	authorized purchase.--
1041	(1)  The department may waive all or part of the
1042	examination requirements provided for in this part chapter on a
1043	reciprocal basis with any other state or agency, or an Indian
1044	tribe, that has substantially the same or better standards.
1045	(2)  Any nonresident applying for a license under this part
1046	chapter to operate in the state shall file a Designation of
1047	Registered Agent naming the Secretary of State as the agent of
1048	the nonresident, upon whom process may be served in the event of
1049	any suit against the nonresident. The designation shall be
1050	prepared on a form provided by the department and shall render
1051	effective the jurisdiction of the courts of this state over the
1052	nonresident applicant. However, any nonresident who has a duly
1053	appointed registered agent upon whom process may be served as
1054	provided by law shall not be required to designate the Secretary
1055	of State as registered agent. The Secretary of State shall be
1056	allowed the registered-agent fees as provided by law for
1057	designating registered agents. The department shall be furnished
1058	with a copy of the designation of the Secretary of State or of a
1059	registered agent which is certified by the Secretary of State.
1060	The Secretary of State shall notify the department of any
1061	service of process it receives as registered agent for persons
1062	licensed under this part chapter.
1063	(3)  Restricted-use pesticides may be purchased by any
1064	person who holds a valid applicator's license or who holds a
1065	valid purchase authorization card issued by the department or by
1066	a licensee under chapter 482 or chapter 388. A nonlicensed
1067	person may apply restricted-use pesticides under the direct
1068	supervision of a licensed applicator. An applicator's license
1069	shall be issued by the department on a form supplied by it in
1070	accordance with the requirements of this part chapter.
1071	Section 30.  Subsection (1) of section 487.049, Florida
1072	Statutes, is amended to read:
1073	487.049  Renewal; late fee; recertification.--
1074	(1)  The department shall require renewal of a certified
1075	applicator's license at 4-year intervals from the date of
1076	issuance. If the application for renewal of any license provided
1077	for in this part chapter is not filed on time, a late fee shall
1078	be assessed not to exceed $50. However, the penalty shall not
1079	apply if the renewal application is filed within 60 days after
1080	the renewal date, provided the applicant furnishes an affidavit
1081	certifying that he or she has not engaged in business subsequent
1082	to the expiration of the license for a period not exceeding 60
1083	days. A license may be renewed without taking another
1084	examination unless the department determines that new knowledge
1085	related to the classification for which the applicant has
1086	applied makes a new examination necessary; however, the
1087	department may require the applicant to provide evidence of
1088	continued competency, as determined by rule. If the license is
1089	not renewed within 60 days after of the expiration date, then
1090	the licensee may again be required to take another examination,
1091	unless there is some unavoidable circumstance which results in
1092	the delay of the renewal of any license issued under this part
1093	chapter which was not under the applicant's control.
1094	Section 31.  Paragraph (b) of subsection (1) and subsection
1095	(2) of section 487.051, Florida Statutes, are amended to read:
1096	487.051  Administration; rules; procedure.--
1097	(1)  The department may by rule:
1098	(b)  Establish procedures for the taking and handling of
1099	samples and establish tolerances and deficiencies where not
1100	specifically provided for in this part chapter; assess
1101	penalties; and prohibit the sale or use of pesticides or devices
1102	shown to be detrimental to human beings, the environment, or
1103	agriculture or to be otherwise of questionable value.
1104	(2)  The department is authorized to adopt by rule the
1105	primary standards established by the United States Environmental
1106	Protection Agency with respect to pesticides. If the provisions
1107	of this part chapter are preempted in part by federal law, those
1108	provisions not preempted shall apply. This part chapter is
1109	intended as comprehensive and exclusive regulation of pesticides
1110	in this state. Except as provided in chapters 373, 376, 388,
1111	403, and 482, or as otherwise provided by law, no agency,
1112	commission, department, county, municipality, or other political
1113	subdivision of the state may adopt laws, regulations, rules, or
1114	policies pertaining to pesticides, including their registration,
1115	packaging, labeling, distribution, sale, or use, except that
1116	local jurisdictions may adopt or enforce an ordinance pertaining
1117	to pesticides if that ordinance is in the area of occupational
1118	license taxes, building and zoning regulations, disposal or
1119	spillage of pesticides within a water well zone, or pesticide
1120	safety regulations relating to containment at the storage site.
1121	Section 32.  Subsection (4) of section 487.0615, Florida
1122	Statutes, is amended to read:
1123	487.0615  Pesticide Review Council.--
1124	(4)  The council is defined as a "substantially interested
1125	person" and has standing under chapter 120 in any proceeding
1126	conducted by the department relating to the registration of a
1127	pesticide under this part chapter. The standing of the council
1128	shall in no way prevent individual members of the council from
1129	exercising standing in these matters.
1130	Section 33.  Section 487.071, Florida Statutes, is amended
1131	to read:
1132	487.071  Enforcement, inspection, sampling, and analysis.--
1133	(1)  The department is authorized to enter upon any public
1134	or private premises or carrier where pesticides are known or
1135	thought to be distributed, sold, offered for sale, held, stored,
1136	or applied, during regular business hours in the performance of
1137	its duties relating to pesticides and records pertaining to
1138	pesticides. No person shall deny or refuse access to the
1139	department when it seeks to enter upon any public or private
1140	premises or carrier during business hours in performance of its
1141	duties under this part chapter.
1142	(2)  The department is authorized and directed to sample,
1143	test, inspect, and make analyses of pesticides sold, offered for
1144	sale, distributed, or used within this state, at a time and
1145	place and to such an extent as it may deem necessary, to
1146	determine whether the pesticides or persons exercising control
1147	over the pesticides are in compliance with the provisions of
1148	this part chapter, the rules adopted under this part chapter,
1149	and the provisions of the pesticide label or labeling.
1150	(3)  The official analysis shall be made from the official
1151	sample. A sealed and identified sample, herein called "official
1152	check sample" shall be kept until the analysis on the official
1153	sample is completed. However, the registrant may obtain upon
1154	request a portion of the official sample. Upon completion of the
1155	analysis of the official sample, a true copy of the certificate
1156	of analysis shall be mailed to the registrant of the pesticide
1157	from whom the official sample was taken and also to the dealer
1158	or agent, if any, and consumer, if known. If the official
1159	analysis conforms with the provisions of this part chapter, the
1160	official check sample may be destroyed. If the official analysis
1161	does not conform with the provisions of this part chapter, the
1162	rules adopted under this part chapter, and the provisions of the
1163	pesticide label or labeling, the official check sample shall be
1164	retained for a period of 90 days from the date of the
1165	certificate of analysis of the official sample. If within that
1166	time the registrant of the pesticide from whom the official
1167	sample was taken makes demand for analysis by a referee chemist,
1168	a portion of the official check sample sufficient for analysis
1169	shall be sent to a referee chemist who is mutually acceptable to
1170	the department and the registrant for analysis at the expense of
1171	the registrant. Upon completion of the analysis, the referee
1172	chemist shall forward to the department and to the registrant a
1173	certificate of analysis bearing a proper identification mark or
1174	number; and such certificate of analysis shall be verified by an
1175	affidavit of the person or laboratory making the analysis. If
1176	the certificate of analysis checks within 3 percent of the
1177	department's analysis on each active ingredient for which
1178	analysis was made, the mean average of the two analyses shall be
1179	accepted as final and binding on all concerned. However, if the
1180	referee's certificate of analysis shows a variation of greater
1181	than 3 percent from the department's analysis in any one or more
1182	of the active ingredients for which an analysis was made, upon
1183	demand of either the department or the registrant from whom the
1184	official sample was taken, a portion of the official check
1185	sample sufficient for analysis shall be submitted to a second
1186	referee chemist who is mutually acceptable to the department and
1187	the registrant, at the expense of the party or parties
1188	requesting the referee analysis. Upon completion of the
1189	analysis, the second referee chemist shall make a certificate
1190	and report as provided in this subsection for the first referee
1191	chemist. The mean average of the two analyses nearest in
1192	conformity shall be accepted as final and binding on all
1193	concerned. If no demand is made for an analysis by a second
1194	referee chemist, the department's certificate of analysis shall
1195	be accepted as final and binding on all concerned.
1196	(4)  If a pesticide or device fails to comply with the
1197	provisions of this part chapter with reference to the ingredient
1198	statement reflecting the composition of the product, as required
1199	on the registration and labeling, and the department
1200	contemplates possible criminal proceedings against the person
1201	responsible because of this violation, the department shall,
1202	after due notice, accord the person an informal hearing or an
1203	opportunity to present evidence and opinions, either orally or
1204	in writing, with regard to such contemplated proceedings. If in
1205	the opinion of the department the facts warrant, the department
1206	may refer the facts to the state attorney for the county in
1207	which the violation occurred, with a copy of the results of the
1208	analysis or the examination of such article; provided that
1209	nothing in this part chapter shall be construed as requiring the
1210	department to report for prosecution minor violations whenever
1211	it believes that the public interest will be subserved by a
1212	suitable notice of warning in writing.
1213	(5)  It shall be the duty of each state attorney to whom
1214	any such violation is reported to cause appropriate proceedings
1215	to be instituted and prosecuted in a court of competent
1216	jurisdiction without delay.
1217	(6)  The department shall, by publication in such manner as
1218	it may prescribe, give notice of all judgments entered in
1219	actions instituted under the authority of this part chapter.
1220	(7)(a)  The department may analyze pesticide samples upon
1221	request in a manner consistent with this part chapter.
1222	(b)  The department shall establish by rule a fee schedule
1223	for pesticide samples analyzed upon request. The fees shall be
1224	sufficient to cover the costs to the department for taking the
1225	samples and performing the analysis. However, no fee shall
1226	exceed $400 per test.
1227	(c)  The department shall keep separate records with
1228	respect to requested pesticide analyses, including the pesticide
1229	analyzed, tests performed, fees collected, the name and address
1230	of the person who requested the analysis, and the name and
1231	address of the registrant.
1232	(d)  All fees collected pursuant to this subsection shall
1233	be deposited into the General Inspection Trust Fund and shall be
1234	used by the department to implement this subsection.
1235	(e)  In addition to any other penalty provided by this part
1236	chapter, the registrant of any pesticide found to be
1237	adulterated, misbranded, or otherwise deficient shall reimburse
1238	the person requesting the pesticide analysis under this
1239	subsection for all fees assessed by and paid to the department.
1240	Section 34.  Subsections (2), (3), and (4) of section
1241	487.081, Florida Statutes, are amended to read:
1242	487.081  Exemptions.--
1243	(2)  No article shall be deemed in violation of this part
1244	chapter when intended solely for export to a foreign country and
1245	when prepared or packed according to the specifications or
1246	directions of the purchaser.
1247	(3)  Notwithstanding any other provision of this part
1248	chapter, registration required under this part chapter is not
1249	required in the case of a pesticide stored or shipped from one
1250	manufacturing plant within this state to another manufacturing
1251	plant within this state operated by the same person.
1252	(4)  Nothing in this part chapter shall be construed to
1253	apply to persons duly licensed or certified under chapter 388 or
1254	chapter 482 performing any pest control or other operation for
1255	which they are licensed or certified under those chapters.
1256	Section 35.  Subsection (2) of section 487.091, Florida
1257	Statutes, is amended to read:
1258	487.091  Tolerances, deficiencies, and penalties.--
1259	(2)  If a pesticide is found by analysis to be deficient in
1260	an active ingredient beyond the tolerance as provided in this
1261	part chapter, the registrant is subject to a penalty for the
1262	deficiency, not to exceed $10,000 per violation. However, no
1263	penalty shall be assessed when the official sample was taken
1264	from a pesticide that was in the possession of a consumer for
1265	more than 45 days from the date of purchase by that consumer, or
1266	when the product label specifies that the product should be used
1267	by an expiration date that has passed. Procedures for assessing
1268	penalties shall be established by rule, based on the degree of
1269	the deficiency. Penalties assessed shall be paid to the consumer
1270	or, in the absence of a known consumer, the department. If the
1271	penalty is not paid within the prescribed period of time as
1272	established by rule, the department may deny, suspend, or revoke
1273	the registration of any pesticide.
1274	Section 36.  Section 487.101, Florida Statutes, is amended
1275	to read:
1276	487.101  Stop-sale, stop-use, removal, or hold orders.--
1277	(1)  When a pesticide or device is being offered or exposed
1278	for sale, used, or held in violation of any of the provisions of
1279	this part chapter, the department may issue and enforce a stop-
1280	sale, stop-use, removal, or hold order, in writing, to the owner
1281	or custodian of the pesticide or device, ordering that the
1282	pesticide or device be held at a designated place until the part
1283	chapter has been complied with and the pesticide or device is
1284	released, in writing, by the department or the violation has
1285	been disposed of by court order.
1286	(2)  The written notice is warning to all persons,
1287	including, but not limited to, the owner or custodian of the
1288	pesticide or the owner's or custodian's agents or employees, to
1289	scrupulously refrain from moving, bothering, altering, or
1290	interfering with the pesticide or device or from altering,
1291	defacing, or in any way interfering with the written notice or
1292	permitting the same to be done. The willful violation of these
1293	provisions is a misdemeanor, subjecting the violator to the
1294	penalty provisions of this part chapter.
1295	(3)  The department shall release the pesticide or device
1296	under a stop-sale, stop-use, removal, or hold order when the
1297	owner or custodian complies with the provisions of this part
1298	chapter.
1299	(4)  The owner or custodian, with authorization and
1300	supervision of the department, may relabel the pesticide or
1301	device so that the label will conform to the product, or
1302	transfer and return the product to the manufacturer or supplier
1303	for the purpose of bringing the product in compliance with the
1304	provisions of this part chapter.
1305	Section 37.  Subsection (1) of section 487.111, Florida
1306	Statutes, is amended to read:
1307	487.111  Seizure, condemnation, and sale.--
1308	(1)  Any lot of pesticide or device not in compliance with
1309	the provisions of this part chapter is subject to seizure on
1310	complaint of the department to the circuit court in the county
1311	in which the pesticide or device is located. In the event the
1312	court finds the pesticide or device in violation of this part
1313	chapter and orders it condemned, it shall be disposed of as the
1314	court may direct; provided that in no instance shall the
1315	disposition of the pesticide or device be ordered by the court
1316	without first giving the owner or custodian an opportunity to
1317	apply to the court for release of the pesticide or device or for
1318	permission to process or relabel it to bring it into compliance
1319	with this part chapter.
1320	Section 38.  Section 487.13, Florida Statutes, is amended
1321	to read:
1322	487.13  Cooperation.--The department is authorized and
1323	empowered to cooperate with and enter into agreements with any
1324	other agency of this state, the United States Department of
1325	Agriculture, the United States Environmental Protection Agency,
1326	and any other state or federal agency for the purpose of
1327	carrying out the provisions of this part chapter and securing
1328	uniformity of regulations.
1329	Section 39.  Section 487.156, Florida Statutes, is amended
1330	to read:
1331	487.156  Governmental agencies.--All governmental agencies
1332	shall be subject to the provisions of this part chapter and
1333	rules adopted under this part chapter. Public applicators using
1334	or supervising the use of restricted-use pesticides shall be
1335	subject to examination as provided in s. 487.044.
1336	Section 40.  Subsection (1) of section 487.159, Florida
1337	Statutes, is amended to read:
1338	487.159  Damage or injury to property, animal, or person;
1339	mandatory report of damage or injury; time for filing; failure
1340	to file.--
1341	(1)  The person claiming damage or injury to property,
1342	animal, or human beings from application of a pesticide shall
1343	file with the department a written statement claiming damages,
1344	on a form prescribed by the department, within 48 hours after
1345	the damage or injury becomes apparent. The statement shall
1346	contain, but shall not be limited to, the name of the person
1347	responsible for the application of the pesticide, the name of
1348	the owner or lessee of the land on which the crop is grown and
1349	for which the damages are claimed, and the date on which it is
1350	alleged that the damages occurred. The department shall
1351	investigate the alleged damages and notify all concerned parties
1352	of its findings. If the findings reveal a violation of the
1353	provisions of this part chapter, the department shall determine
1354	an appropriate penalty, as provided in this part chapter. The
1355	filing of a statement or the failure to file such a statement
1356	need not be alleged in any complaint which might be filed in a
1357	court of law, and the failure to file the statement shall not be
1358	considered any bar to the maintenance of any criminal or civil
1359	action.
1360	Section 41.  Section 487.161, Florida Statutes, is amended
1361	to read:
1362	487.161  Exemptions, nonagricultural pest control and
1363	research.--
1364	(1)  Any person duly licensed or certified under chapter
1365	482, or under the supervision of chapter 388, is exempted from
1366	the licensing provisions of this part chapter.
1367	(2)  The use of the antibiotic oxytetracycline
1368	hydrochloride for the purpose of controlling lethal yellowing is
1369	exempted from the licensing provisions of this part chapter.
1370	(3)  The personnel of governmental, university, or
1371	industrial research agencies are exempted from the provisions of
1372	this part chapter when doing applied research within a
1373	laboratory, but shall comply with all the provisions of this
1374	part chapter when applying restricted-use pesticides to
1375	experimental or demonstration plots.
1376	Section 42.  Section 487.163, Florida Statutes, is amended
1377	to read:
1378	487.163  Information; interagency cooperation.--
1379	(1)  The department may, in cooperation with the University
1380	of Florida or other agencies of government, publish information
1381	and conduct short courses of instruction in the safe use and
1382	application of pesticides for the purpose of carrying out the
1383	provisions of this part chapter.
1384	(2)  The department may cooperate or enter into formal
1385	agreements with any other agency or educational institution of
1386	this state or its subdivisions or with any agency of any other
1387	state or of the Federal Government for the purpose of carrying
1388	out the provisions of this part chapter and of securing
1389	uniformity of regulations.
1390	Section 43.  Subsections (1), (2), and (3) of section
1391	487.171, Florida Statutes, are amended to read:
1392	487.171  Classification of antifouling paint containing
1393	organotin compounds as restricted-use pesticides; prohibition of
1394	distribution and sale.--
1395	(1)  The department shall classify antifouling paints
1396	containing organotin compounds having an acceptable release rate
1397	as restricted-use pesticides subject to the requirements of this
1398	part chapter. Antifouling paints containing organotin having
1399	acceptable release rates and sold in spray cans of 16 ounces
1400	avoirdupois weight or less for outboard motor or lower unit use
1401	are exempt from the restricted-use pesticide classification
1402	requirement.
1403	(2)  The department shall initiate action under chapter
1404	120, to deny or cancel the registration of antifouling paints
1405	containing organotin compounds which do not have an acceptable
1406	release rate or do not meet other criteria established by the
1407	department in accordance with this part chapter.
1408	(3)  Distribution, sale, and use of antifouling paints
1409	containing organotin compounds with acceptable release rates
1410	shall be limited to dealers and applicators licensed by the
1411	department in accordance with this part chapter, to distribute,
1412	sell, or use restricted-use pesticides. Such paint may be
1413	applied only by licensed applicators and may be applied only to
1414	vessels which exceed 25 meters in length or which have aluminum
1415	hulls.
1416	Section 44.  Section 487.175, Florida Statutes, is amended
1417	to read:
1418	487.175  Penalties; administrative fine; injunction.--
1419	(1)  In addition to any other penalty provided in this part
1420	chapter, when the department finds any person, applicant, or
1421	licensee has violated any provision of this part chapter or rule
1422	adopted under this part chapter, it may enter an order imposing
1423	any one or more of the following penalties:
1424	(a)  Denial of an application for licensure.
1425	(b)  Revocation or suspension of a license.
1426	(c)  Issuance of a warning letter.
1427	(d)  Placement of the licensee on probation for a specified
1428	period of time and subject to conditions the department may
1429	specify by rule, including requiring the licensee to attend
1430	continuing education courses, to demonstrate competency through
1431	a written or practical examination, or to work under the direct
1432	supervision of another licensee.
1433	(e)  Imposition of an administrative fine not to exceed
1434	$10,000 for each violation. When imposing any fine under this
1435	paragraph, the department shall consider the degree and extent
1436	of harm caused by the violation, the cost of rectifying the
1437	damage, the amount of money the violator benefited from by
1438	noncompliance, whether the violation was committed willfully,
1439	and the compliance record of the violator.
1440	(2)  Any person who violates any provision of this part
1441	chapter or rules adopted pursuant thereto commits a misdemeanor
1442	of the second degree and upon conviction is punishable as
1443	provided in s. ss. 775.082 or s. and 775.083. For a subsequent
1444	violation, such person commits a misdemeanor of the first degree
1445	and upon conviction is punishable as provided in s. ss. 775.082
1446	or s. and 775.083.
1447	(3)  In addition to the remedies provided in this part
1448	chapter and notwithstanding the existence of any adequate remedy
1449	at law, the department may bring an action to enjoin the
1450	violation or threatened violation of any provision of this part
1451	chapter, or rule adopted under this part chapter, in the circuit
1452	court of the county in which the violation occurred or is about
1453	to occur. Upon the department's presentation of competent and
1454	substantial evidence to the court of the violation or threatened
1455	violation, the court shall immediately issue the temporary or
1456	permanent injunction sought by the department. The injunction
1457	shall be issued without bond. A single act in violation of any
1458	provision of this part chapter shall be sufficient to authorize
1459	the issuance of an injunction.
1460	Section 45.  Subsection (1) of section 482.242, Florida
1461	Statutes, is amended to read:
1462	482.242  Preemption.--
1463	(1)  This chapter is intended as comprehensive and
1464	exclusive regulation of pest control in this state. The
1465	provisions of this chapter preempt to the state all regulation
1466	of the activities and operations of pest control services,
1467	including the pesticides used pursuant to labeling and
1468	registration approved under part I of chapter 487. No local
1469	government or political subdivision of the state may enact or
1470	enforce an ordinance that regulates pest control, except that
1471	the preemption in this section does not prohibit a local
1472	government or political subdivision from enacting an ordinance
1473	regarding any of the following:
1474	(a)  Local occupational licenses adopted pursuant to
1475	chapter 205.
1476	(b)  Land development regulations adopted pursuant to
1477	chapter 163 which include regulation of any aspect of
1478	development, including a subdivision, building construction,
1479	sign regulation or any other regulation concerning the
1480	development of land, or landscaping or tree protection
1481	ordinances which do not include pesticide application
1482	restrictions.
1483	(c)  Regulations that:
1484	1.  Require, for multicomplex dwellings in excess of 10
1485	units, annual termite inspections for termite activity or
1486	damage, including Formosan termites, which must be performed by
1487	a person licensed under this chapter.
1488	2.  Require pest control treatments of structures that have
1489	termite activity or damage which must be performed by a person
1490	licensed under this chapter.
1491	3.  Require property owners or other persons to obtain
1492	inspections or pest control treatments performed by a person
1493	licensed under this chapter.
1494
1495	An ordinance by a local government or political subdivision
1496	which requires an annual inspection or pest control treatment
1497	must conform to current law.
1498	(d)  Protection of wellhead protection areas and high
1499	recharge areas.
1500	(e)  Hazardous materials reporting as set forth in part II
1501	of chapter 252, storage, and containment including as relating
1502	to stormwater management.
1503	(f)  Hazardous material unlawful discharge and disposal.
1504	(g)  Hazardous materials remediation.
1505	Section 46.  Section 487.2011, Florida Statutes, is created
1506	to read:
1507	487.2011  Popular name; administration.--This part may be
1508	known by the popular name the "Florida Agricultural Worker
1509	Safety Act" and shall be administered by the Department of
1510	Agriculture and Consumer Services.
1511	Section 47.  Section 487.2021, Florida Statutes, is created
1512	to read:
1513	487.2021  Legislative intent.--It is the intent of the
1514	Legislature to ensure that agricultural workers employed in the
1515	state receive protection from agricultural pesticides. The
1516	Legislature intends to ensure that agricultural workers be given
1517	information concerning agricultural pesticides.
1518	Section 48.  Section 487.2031, Florida Statutes, is created
1519	to read:
1520	487.2031  Definitions.--For the purposes of this part, the
1521	term:
1522	(1)  "Agricultural employer" means any person who hires or
1523	contracts for the services of workers to perform activities
1524	related to the production of agricultural plants or any person
1525	who is an owner of, or responsible for, the management or
1526	condition of an agricultural establishment that uses such
1527	workers.
1528	(2)  "Agricultural establishment" means any farm, forest,
1529	nursery, or greenhouse.
1530	(3)  "Agricultural plant" means any plant grown or
1531	maintained for commercial or research purposes and includes, but
1532	is not limited to, food, feed, fiber plants, trees, turfgrass,
1533	flowers, shrubs, ornamentals, and seedlings.
1534	(4)  "Department" means the Department of Agriculture and
1535	Consumer Services.
1536	(5)  "Designated representative" means any organization or
1537	person to whom a worker gives written authorization to exercise
1538	the right to request the agricultural pesticide information
1539	pursuant to this part.
1540	(6)  "Fact sheet" means an agricultural pesticide fact
1541	sheet approved by the state or federal government that provides
1542	information about the impacts of the use of an agricultural
1543	pesticide.
1544	(7)  "Material safety data sheet" means written or printed
1545	material concerning an agricultural pesticide that sets forth
1546	the following information:
1547	(a)  The chemical name and the common name of the
1548	agricultural pesticide.
1549	(b)  The hazards or other risks in the use of the
1550	agricultural pesticide, including:
1551	1.  The potential for fire, explosions, corrosivity, and
1552	reactivity.
1553	2.  The known acute health effects and chronic health
1554	effects of exposure to the agricultural pesticide, including
1555	those medical conditions that are generally recognized as being
1556	aggravated by exposure to the agricultural pesticide.
1557	3.  The primary routes of entry and symptoms of
1558	overexposure.
1559	(c)  The proper handling practices, necessary personal
1560	protective equipment, and other proper or necessary safety
1561	precautions in circumstances that involve the use of or exposure
1562	to the agricultural pesticide, including appropriate emergency
1563	treatment in case of overexposure.
1564	(d)  The emergency procedures for spills, fire, disposal,
1565	and first aid.
1566	(e)  A description of the known specific potential health
1567	risks posed by the agricultural pesticide, which is written in
1568	lay terms and is intended to alert any person who reads the
1569	information.
1570	(f)  The year and month, if available, that the information
1571	was compiled and the name, address, and emergency telephone
1572	number of the manufacturer responsible for preparing the
1573	information.
1574	(8)  "Retaliatory action" means an action, such as
1575	dismissal, demotion, harassment, blacklisting with other
1576	employers, reducing pay or work hours, or taking away company
1577	housing, that is taken by any agricultural employer against a
1578	worker who exercises any right under the provisions of the
1579	United States Environmental Protection Agency Worker Protection
1580	Standard, 40 C.F.R. s. 1707(b), or this part.
1581	(9)  "Trainer" means any person who is qualified to train
1582	workers under the pesticide safety training requirements of the
1583	United States Environmental Protection Agency Worker Protection
1584	Standard, 40 C.F.R. s. 170.130.
1585	(10)  "Worker" means any person, including a farmworker or
1586	a self-employed person, who receives any type of compensation
1587	for employment that involves tasks relating to the production of
1588	agricultural plants on an agricultural establishment. The term
1589	"worker" does not include any person employed by a commercial
1590	pesticide handling establishment to perform tasks as a crop
1591	advisor.
1592	Section 49.  Section 487.2041, Florida Statutes, is created
1593	to read:
1594	487.2041  Enforcement of federal worker protection
1595	regulations.--The department shall, to the extent that resources
1596	are available, continue to operate under the United States
1597	Environmental Protection Agency regulations regarding the
1598	Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
1599	156, and the Worker Protection Standard, 40 C.F.R. part 170,
1600	which the department adopted by rule during the 1995-1996 fiscal
1601	year and published in the Florida Administrative Code. Any
1602	provision of this part not preempted by federal law shall
1603	continue to apply.
1604	Section 50.  Section 487.2051, Florida Statutes, is created
1605	to read:
1606	487.2051  Availability of agricultural pesticide
1607	information to workers and medical personnel.--
1608	(1)  An agricultural employer shall make available
1609	agricultural pesticide information concerning any agricultural
1610	pesticide to any worker:
1611	(a)  Who enters an agricultural-pesticide-treated area on
1612	an agricultural establishment where:
1613	1.  An agricultural pesticide has been applied within 30
1614	days of that entry; or
1615	2.  A restricted-entry interval has been in effect; or
1616	(b)  Who may be exposed to the agricultural pesticide
1617	during normal conditions of use or in a foreseeable emergency.
1618	(2)  The agricultural pesticide information provided
1619	pursuant to subsection (1) must be in the form of a fact sheet
1620	or a material safety data sheet. The agricultural employer shall
1621	provide a written copy of the information provided pursuant to
1622	subsection (1) within 2 working days after a request for the
1623	information by a worker or a designated representative. In the
1624	case of a pesticide-related medical emergency, the agricultural
1625	employer shall provide a written copy of the information
1626	promptly upon the request of the worker, the designated
1627	representative, or medical personnel treating the worker.
1628	(3)  Upon the initial purchase of a product and with the
1629	first purchase after the material safety data sheet is updated,
1630	the distributor, manufacturer, or importer of agricultural
1631	pesticides shall obtain or develop and provide each direct
1632	purchaser of an agricultural pesticide with a material safety
1633	data sheet. If the material safety data sheet or fact sheet for
1634	the agricultural pesticide is not available when the
1635	agricultural pesticide is purchased, the agricultural employer
1636	shall take appropriate and timely steps to obtain the material
1637	safety data sheet or fact sheet from the distributor, the
1638	manufacturer, the department, a federal agency, or another
1639	distribution source.
1640	(4)  The department shall produce and make available to a
1641	trainer a one-page general agricultural pesticide safety sheet.
1642	The safety sheet must be in a language understandable to the
1643	worker and must include, but need not be limited to, illustrated
1644	instructions on preventing agricultural pesticide exposure and
1645	toll-free telephone numbers to the Florida Poison Control
1646	Centers. The trainer shall provide the safety sheet to the
1647	worker pursuant to the United States Environmental Protection
1648	Agency Worker Protection Standard, 40 C.F.R. s. 170.130.
1649	Section 51.  Section 487.2061, Florida Statutes, is created
1650	to read:
1651	487.2061  Prohibited acts.--Any person covered by this part
1652	may not:
1653	(1)  Fail to provide agricultural pesticide information as
1654	required in this part; or
1655	(2)  Take retaliatory action.
1656	Section 52.  Section 487.2071, Florida Statutes, is created
1657	to read:
1658	487.2071  Penalties against violators; worker relief;
1659	monitoring complaints of retaliation.--
1660	(1)  Penalties set forth in this part shall be applied to
1661	any person who violates this part. A persons who violates this
1662	part is subject to federal penalties as provided in the United
1663	States Environmental Protection Agency Worker Protection
1664	Standard, 40 C.F.R. s. 170.9(b).
1665	(2)  A worker who has been subject to retaliatory action
1666	and seeks relief under this section may file a complaint with
1667	the department.
1668	(3)  In any action brought pursuant to this section that
1669	involves retaliatory action, if the retaliatory action is
1670	predicated on the disclosure by a worker of an illegal action,
1671	policy, or practice of any person covered by this part to an
1672	appropriate governmental agency, the worker may not be required
1673	to show that the disclosure was under oath or in writing or that
1674	the worker notified the employer in writing of the illegal
1675	action, policy, or practice.
1676	(4)  The department shall monitor all complaints of
1677	retaliation that it receives and report its findings to the
1678	President of the Senate and the Speaker of the House of
1679	Representatives on or before October 1, 2008. The report shall
1680	include the number of such complaints received, the
1681	circumstances surrounding the complaints, and the actions taken
1682	concerning the complaints.
1683	Section 53.  Paragraph (x) of subsection (1) of section
1684	500.03, Florida Statutes, is amended to read:
1685	500.03  Definitions; construction; applicability.--
1686	(1)  For the purpose of this chapter, the term:
1687	(x)  "Pesticide chemical" means any substance which, alone,
1688	in chemical combination, or in formulation with one or more
1689	other substances is a "pesticide" within the meaning of the
1690	Florida Pesticide Law, part I of chapter 487, and which is used
1691	in the production, storage, or transportation of raw
1692	agricultural commodities.
1693	Section 54.  Subsections (1) and (6) of section 570.44,
1694	Florida Statutes, are amended to read:
1695	570.44  Division of Agricultural Environmental Services;
1696	powers and duties.--The duties of the Division of Agricultural
1697	Environmental Services include, but are not limited to:
1698	(1)  Inspecting and drawing samples of: commercial feeds
1699	offered for sale in this state and enforcing those provisions of
1700	chapter 580 authorized by the department; seeds offered for sale
1701	in this state and enforcing those provisions of chapter 578
1702	authorized by the department; certified seed grown in this
1703	state; fertilizers offered for sale in this state and enforcing
1704	those provisions of chapter 576 authorized by the department;
1705	and pesticides offered for sale in this state, and soil and
1706	water in this state for the presence of pesticides, and
1707	enforcing those provisions of part I of chapter 487 authorized
1708	by the department.
1709	(6)  Analyzing samples of pesticide formulations offered
1710	for sale in this state and tank mix, soil, water, and other
1711	environmental samples related to pesticide use investigations,
1712	as required under part I of chapter 487.
1713	Section 55.  Subsection (7) of section 440.16, Florida
1714	Statutes, is amended to read:
1715	440.16  Compensation for death.--
1716	(7)  Compensation under this chapter to aliens not
1717	residents (or about to become nonresidents) of the United States
1718	or Canada shall be the same in amount as provided for residents,
1719	except that dependents in any foreign country shall be limited
1720	to surviving spouse and child or children, or if there be no
1721	surviving spouse or child or children, to surviving father or
1722	mother whom the employee has supported, either wholly or in
1723	part, for the period of 1 year prior to the date of the injury,
1724	and except that the judge of compensation claims may, at the
1725	option of the judge of compensation claims, or upon the
1726	application of the insurance carrier, commute all future
1727	installments of compensation to be paid to such aliens by paying
1728	or causing to be paid to them one-half of the commuted amount of
1729	such future installments of compensation as determined by the
1730	judge of compensation claims, and provided further that
1731	compensation to dependents referred to in this subsection shall
1732	in no case exceed $75,000.
1733	Section 56.  The Division of Statutory Revision is
1734	requested to designate sections 487.011-487.175, Florida
1735	Statutes, as part I of chapter 487, entitled the "Florida
1736	Pesticide Law," and sections 487.2011-487.2071, Florida
1737	Statutes, as created by this act, as part II of that chapter,
1738	entitled the "Florida Agricultural Worker Safety Act."
1739	Section 57.  This act shall take effect July 1, 2004.
1740
1741	================= T I T L E  A M E N D M E N T =================
1742	Remove the entire title and insert:
1743	A bill to be entitled
1744	An act relating to agricultural and migrant labor;
1745	amending s. 381.008, F.S.; revising a definition; amending
1746	s. 381.0086, F.S.; requiring the Department of Health to
1747	adopt rules relating to residential migrant housing;
1748	providing guidelines for the filing of interstate
1749	clearance orders; amending s. 381.0087, F.S.; revising a
1750	provision relating to who may issue certain citations;
1751	requiring the department to provide notice of suspected
1752	violations; amending s. 403.088, F.S.; clarifying a
1753	provision relating to water pollution operation permits;
1754	amending s. 450.191, F.S.; authorizing and directing the
1755	Executive Office of the Governor to advise and consult on
1756	certain issues relating to migrant and seasonal workers;
1757	directing the office to coordinate enforcement of certain
1758	provisions with the Department of Business and
1759	Professional Regulation; including farm labor contractors
1760	in the enforcement of certain laws; authorizing and
1761	directing the office to cooperate with the Agency for
1762	Workforce Innovation in the recruitment and referral of
1763	migrant workers and certain other laborers; amending s.
1764	450.201, F.S.; renaming the Legislative Commission on
1765	Migrant Labor as the Legislative Commission on Migrant and
1766	Seasonal Labor; providing a deadline for appointments to
1767	the commission; providing a deadline for the commission's
1768	first meeting; amending s. 450.231, F.S.; providing a
1769	deadline for certain reports; amending s. 450.27, F.S.;
1770	providing a popular name; amending s. 450.271, F.S.;
1771	authorizing the department to enter into certain
1772	agreements with the Secretary of Labor of the United
1773	States; amending s. 450.28, F.S.; providing definitions;
1774	amending s. 450.30, F.S.; revising requirements for
1775	retaking examinations for renewal of certificates of
1776	registration; requiring fees for certain programs to be
1777	deposited in the Professional Regulation Trust Fund;
1778	amending s. 450.31, F.S.; providing criteria for issuance
1779	or renewal of certificates of registration; authorizing
1780	payment for certificates of registration by cashier's
1781	check; increasing the application fee for such
1782	registration; requiring fees to be deposited in the
1783	Professional Regulation Trust Fund; providing criteria for
1784	revocation, suspension, or refusal to issue or renew
1785	certificates of registration; conforming a provision;
1786	providing criteria for permanent revocation or refusal to
1787	issue or renew certificates of registration; authorizing
1788	the department to inspect certain documents upon receipt
1789	and acceptance of a certificate of registration; creating
1790	s. 450.321, F.S.; creating the best practices incentive
1791	program for farm labor contractors; requiring farm labor
1792	contractors to meet certain requirements; restricting the
1793	transfer or unauthorized use of best practices
1794	designations; authorizing the department to enter into
1795	certain partnership agreements; authorizing the department
1796	to revoke certain designations; providing that certain
1797	designations are not department endorsements; limiting
1798	certain civil liability of the department; requiring the
1799	department to establish an incentive program; amending s.
1800	450.33, F.S.; removing department requirements for the
1801	suspension or revocation of farm labor contractors'
1802	certificates of registration; requiring farm labor
1803	contractors to keep certain records; amending s. 450.34,
1804	F.S.; providing certain prohibited acts for farm labor
1805	contractors; amending s. 450.35, F.S.; prohibiting certain
1806	contracts or employment; providing penalties; amending s.
1807	450.37, F.S.; authorizing the department to enter into
1808	agreements with other state agencies for certain purposes;
1809	amending s. 450.38, F.S.; providing civil and criminal
1810	penalties for minor and major violations; increasing
1811	certain civil penalties; authorizing payment of certain
1812	civil penalties by cashier's check; removing authorization
1813	to pay certain civil penalties by cash; increasing the
1814	scope of where a complaint may be filed; providing for a
1815	warning to contractors committing minor violations;
1816	providing civil penalties for contractors committing major
1817	violations; creating s. 450.39, F.S.; providing guidelines
1818	for the sale of certain commodities to farmworkers;
1819	providing a definition; amending s. 487.011, F.S.;
1820	providing a popular name; amending ss. 487.012, 487.021,
1821	487.025, 487.031, 487.041, 487.0435, 487.045, 487.046,
1822	487.047, 487.049, 487.051, 487.0615, 487.071, 487.081,
1823	487.091, 487.101, 487.111, 487.13, 487.156, 487.159,
1824	487.161, 487.163, 487.171, and 487.175, F.S.; revising
1825	references to make the "Florida Pesticide Law" part I of
1826	ch. 487, F.S.; amending s. 482.242, F.S.; clarifying a
1827	provision relating to the labeling and registration of
1828	approved pesticides; creating s. 487.2011, F.S., the
1829	"Florida Agricultural Worker Safety Act"; providing for
1830	administration by the Department of Agriculture and
1831	Consumer Services; creating s. 487.2021, F.S.; providing
1832	legislative intent; creating s. 487.2031, F.S.; providing
1833	definitions; creating s. 487.2041, F.S.; providing
1834	enforcement of federal worker protection regulations;
1835	creating s. 487.2051, F.S.; requiring agricultural
1836	employers to make certain pesticide information available;
1837	creating s. 487.2061, F.S.; prohibiting certain acts;
1838	creating s. 487.2071, F.S.; providing penalties; requiring
1839	monitoring and reporting of complaints; amending ss.
1840	500.03 and 570.44, F.S.; clarifying provisions relating to
1841	the definition of the term "pesticide chemical" and duties
1842	of the Division of Agricultural Environmental Services,
1843	respectively; amending s. 440.16, F.S.; deleting a
1844	provision relating to compensation paid to dependents of
1845	aliens; directing the Division of Statutory Revision to
1846	designate parts I and II of ch. 487, F.S.; providing an
1847	effective date.

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