HB 1307

1	A bill to be entitled
2	An act relating to agricultural and migrant labor;
3	providing a popular name; amending s. 381.008, F.S.;
4	revising a definition; amending s. 381.0086, F.S.;
5	requiring the Department of Health to adopt rules relating
6	to residential migrant housing; providing guidelines for
7	the filing of interstate clearance orders; amending s.
8	381.0087, F.S.; revising a provision relating to who may
9	issue certain citations; requiring the department to
10	provide notice of suspected violations; amending s.
11	403.088, F.S.; clarifying a provision relating to water
12	pollution operation permits; amending s. 450.191, F.S.;
13	authorizing and directing the Executive Office of the
14	Governor to advise and consult on certain issues relating
15	to migrant and seasonal workers; directing the office to
16	coordinate enforcement of certain provisions with the
17	Department of Business and Professional Regulation;
18	including farm labor contractors in the enforcement of
19	certain laws; authorizing and directing the office to
20	cooperate with the Agency for Workforce Innovation in the
21	recruitment and referral of migrant workers and certain
22	other laborers; amending s. 450.201, F.S.; renaming the
23	Legislative Commission on Migrant Labor as the Legislative
24	Commission on Migrant and Seasonal Labor; providing a
25	deadline for appointments to the commission; providing a
26	deadline for the commission's first meeting; amending s.
27	450.231, F.S.; providing a deadline for certain reports;
28	amending s. 450.27, F.S.; providing a popular name;
29	amending s. 450.271, F.S.; authorizing the department to
30	enter into certain agreements with the Secretary of Labor
31	of the United States; amending s. 450.28, F.S.; providing
32	definitions; amending s. 450.30, F.S.; revising
33	requirements for retaking examinations for renewal of
34	certificates of registration; requiring fees for certain
35	programs to be deposited in the Professional Regulation
36	Trust Fund; amending s. 450.31, F.S.; providing criteria
37	for issuance or renewal of certificates of registration;
38	authorizing payment for certificates of registration by
39	cashier's check; increasing the application fee for such
40	registration; requiring fees to be deposited in the
41	Professional Regulation Trust Fund; providing criteria for
42	revocation, suspension, or refusal to issue or renew
43	certificates of registration; conforming a provision;
44	providing criteria for permanent revocation or refusal to
45	issue or renew certificates of registration; authorizing
46	the department to inspect certain documents upon receipt
47	and acceptance of a certificate of registration; creating
48	s. 450.321, F.S.; creating the best practices incentive
49	program for farm labor contractors; requiring farm labor
50	contractors to meet certain requirements; restricting the
51	transfer or unauthorized use of best practices
52	designations; authorizing the department to enter into
53	certain partnership agreements; authorizing the department
54	to revoke certain designations; providing that certain
55	designations are not department endorsements; limiting
56	certain civil liability of the department; requiring the
57	department to establish an incentive program; amending s.
58	450.33, F.S.; removing department requirements for the
59	suspension or revocation of farm labor contractors'
60	certificates of registration; requiring farm labor
61	contractors to keep certain records; amending s. 450.34,
62	F.S.; providing certain prohibited acts for farm labor
63	contractors; amending s. 450.35, F.S.; prohibiting certain
64	contracts or employment; providing penalties; amending s.
65	450.37, F.S.; authorizing the department to enter into
66	agreements with other state agencies for certain purposes;
67	amending s. 450.38, F.S.; providing civil and criminal
68	penalties for minor and major violations; increasing
69	certain civil penalties; authorizing payment of certain
70	civil penalties by cashier's check; removing authorization
71	to pay certain civil penalties by cash; increasing the
72	scope of where a complaint may be filed; providing for a
73	warning to contractors committing minor violations;
74	providing civil penalties for contractors committing major
75	violations; creating s. 450.39, F.S.; providing guidelines
76	for the sale of certain commodities to farmworkers;
77	providing a definition; amending s. 487.011, F.S.;
78	providing a popular name; amending ss. 487.012, 487.021,
79	487.025, 487.031, 487.041, 487.0435, 487.045, 487.046,
80	487.047, 487.049, 487.051, 487.0615, 487.071, 487.081,
81	487.091, 487.101, 487.111, 487.13, 487.156, 487.159,
82	487.161, 487.163, 487.171, and 487.175, F.S.; revising
83	references to make the "Florida Pesticide Law" part I of
84	ch. 487, F.S.; amending s. 482.242, F.S.; clarifying a
85	provision relating to the labeling and registration of
86	approved pesticides; creating s. 487.2011, F.S., the
87	"Florida Agricultural Worker Safety Act"; providing for
88	administration by the Department of Agriculture and
89	Consumer Services; creating s. 487.2021, F.S.; providing
90	legislative intent; creating s. 487.2031, F.S.; providing
91	definitions; creating s. 487.2041, F.S.; providing
92	enforcement of federal worker protection regulations;
93	creating s. 487.2051, F.S.; requiring agricultural
94	employers to make certain pesticide information available;
95	creating s. 487.2061, F.S.; prohibiting certain acts;
96	creating s. 487.2071, F.S.; providing penalties; requiring
97	monitoring and reporting of complaints; amending ss.
98	500.03 and 570.44, F.S.; clarifying provisions relating to
99	the definition of the term "pesticide chemical" and duties
100	of the Division of Agricultural Environmental Services,
101	respectively; amending s. 440.16, F.S.; deleting a
102	provision relating to compensation paid to dependents of
103	aliens; directing the Division of Statutory Revision to
104	designate parts I and II of ch. 487, F.S.; providing an
105	appropriation; providing an effective date.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  This act may be known by the popular name the
110	"Alfredo Bahena Act."
111	Section 2.  Subsection (8) of section 381.008, Florida
112	Statutes, is amended to read:
113	381.008  Definitions of terms used in ss. 381.008-
114	381.00897.--As used in ss. 381.008-381.00897, the following
115	words and phrases mean:
116	(8)  "Residential migrant housing"--A building, structure,
117	mobile home, barracks, or dormitory, and any combination thereof
118	on adjacent property which is under the same ownership,
119	management, or control, and the land appertaining thereto, that
120	is rented or reserved for occupancy by five or more seasonal or
121	migrant farmworkers, except:
122	(a)  Housing furnished as an incident of employment.
123	(b)  A single-family residence or mobile home dwelling unit
124	that is occupied only by a single family and that is not under
125	the same ownership, management, or control as other farmworker
126	housing to which it is adjacent or contiguous.
127	(c)  A hotel, motel, or resort condominium, as defined in
128	chapter 509, that is furnished for transient occupancy.
129	(d)  Any housing owned or operated by a public housing
130	authority except for housing which is specifically provided for
131	persons whose principal income is derived from agriculture.
132	Section 3.  Subsections (1) and (2) of section 381.0086,
133	Florida Statutes, are amended, and subsection (6) is added to
134	said section, to read:
135	381.0086  Rules; variances; penalties.--
136	(1)  The department shall adopt rules necessary to protect
137	the health and safety of migrant farmworkers farm workers and
138	other migrant labor camp or residential migrant housing
139	occupants, including rules governing field sanitation
140	facilities. These rules must include definitions of terms,
141	provisions relating to plan review of the construction of new,
142	expanded, or remodeled camps or residential migrant housing,
143	sites, buildings and structures, personal hygiene facilities,
144	lighting, sewage disposal, safety, minimum living space per
145	occupant, bedding, food equipment, food storage and preparation,
146	insect and rodent control, garbage, heating equipment, water
147	supply, maintenance and operation of the camp, housing, or
148	roads, and such other matters as the department finds to be
149	appropriate or necessary to protect the life and health of the
150	occupants. Housing operated by a public housing authority is
151	exempt from the provisions of any administrative rule that
152	conflicts with or is more stringent than the federal standards
153	applicable to the housing.
154	(2)  Except when prohibited as specified in subsection (6),
155	an owner or operator may apply for a permanent structural
156	variance from the department's rules by filing a written
157	application and paying a fee set by the department, not to
158	exceed $100. This application must:
159	(a)  Clearly specify the standard from which the variance
160	is desired.;
161	(b)  Provide adequate justification that the variance is
162	necessary to obtain a beneficial use of an existing facility and
163	to prevent a practical difficulty or unnecessary hardship.; and
164	(c)  Clearly set forth the specific alternative measures
165	that the owner or operator has taken to protect the health and
166	safety of occupants and adequately show that the alternative
167	measures have achieved the same result as the standard from
168	which the variance is sought.
169	(6)  For the purposes of filing an interstate clearance
170	order with the Agency for Workforce Innovation, if the housing
171	is covered by 20 C.F.R. part 654, subpart E, no permanent
172	structural variance referred to in subsection (2) is allowed.
173	Section 4.  Subsections (1) and (6) of section 381.0087,
174	Florida Statutes, are amended, and subsection (9) is added to
175	said section, to read:
176	381.0087  Enforcement; citations.--
177	(1)  Department personnel or crew chief compliance officers
178	employed by the Bureau of Compliance of the Florida Department
179	of Labor and Employment Security may issue citations that
180	contain an order of correction or an order to pay a fine, or
181	both, for violations of ss. 381.008-381.00895 or the field
182	sanitation facility rules adopted by the department when a
183	violation of those sections or rules is enforceable by an
184	administrative or civil remedy, or when a violation of those
185	sections or rules is a misdemeanor of the second degree. A
186	citation issued under this section constitutes a notice of
187	proposed agency action. The recipient of a citation for a major
188	deficiency, as defined by rule of the department, will be given
189	a maximum of 48 hours to make satisfactory correction or
190	demonstrate that provisions for correction are satisfactory.
191	(6)  Any person who willfully refuses to sign and accept a
192	citation issued by the department commits or the Department of
193	Labor and Employment Security is guilty of a misdemeanor of the
194	second degree, punishable as provided in s. 775.082 or s.
195	775.083.
196	(9)  When the department suspects that a law has been
197	violated, it shall notify the entity that enforces the law.
198	Section 5.  Subsection (1) of section 403.088, Florida
199	Statutes, is amended to read:
200	403.088  Water pollution operation permits; conditions.--
201	(1)  No person, without written authorization of the
202	department, shall discharge into waters within the state any
203	waste which, by itself or in combination with the wastes of
204	other sources, reduces the quality of the receiving waters below
205	the classification established for them. However, this section
206	shall not be deemed to prohibit the application of pesticides to
207	waters in the state for the control of insects, aquatic weeds,
208	or algae, provided the application is performed pursuant to a
209	program approved by the Department of Health, in the case of
210	insect control, or the department, in the case of aquatic weed
211	or algae control. The department is directed to enter into
212	interagency agreements to establish the procedures for program
213	approval. Such agreements shall provide for public health,
214	welfare, and safety, as well as environmental factors. Approved
215	programs must provide that only chemicals approved for the
216	particular use by the United States Environmental Protection
217	Agency or by the Department of Agriculture and Consumer Services
218	may be employed and that they be applied in accordance with
219	registered label instructions, state standards for such
220	application, and the provisions of the Florida Pesticide Law,
221	part I of chapter 487.
222	Section 6.  Subsection (1) of section 450.191, Florida
223	Statutes, is amended to read:
224	450.191  Executive Office of the Governor; powers and
225	duties.--
226	(1)  The Executive Office of the Governor is authorized and
227	directed to:
228	(a)  Advise and consult with employers of migrant and
229	seasonal workers and their employers as to the ways and means of
230	improving living and working conditions of migrant and seasonal
231	workers.;
232	(b)  Cooperate with the Department of Health in
233	establishing minimum standards of preventive and curative health
234	and of housing and sanitation in migrant labor camps and in
235	making surveys to determine the adequacy of preventive and
236	curative health services available to occupants of migrant labor
237	camps.;
238	(c)  Provide coordination for the enforcement of ss.
239	381.008-381.0088 and ss. 450.27-450.38.;
240	(d)  Cooperate with the Department of Business and
241	Professional Regulation other departments of government in
242	coordinating and enforcing all applicable labor laws, including,
243	but not limited to, those relating to private employment
244	agencies, child labor, wage payments, wage claims, and farm
245	labor contractors. crew leaders;
246	(e)  Cooperate with the Department of Education to provide
247	educational facilities for the children of migrant laborers.;
248	(f)  Cooperate with the Department of Highway Safety and
249	Motor Vehicles to establish minimum standards for the
250	transporting of migrant laborers.;
251	(g)  Cooperate with the Department of Agriculture and
252	Consumer Services to conduct an education program for employers
253	of migrant laborers pertaining to the standards, methods, and
254	objectives of the office.;
255	(h)  Cooperate with the Department of Children and Family
256	Services in coordinating all public assistance programs as they
257	may apply to migrant laborers.;
258	(i)  Coordinate all federal, state, and local programs
259	pertaining to migrant laborers.;
260	(j)  Cooperate with the Agency for Workforce Innovation
261	farm labor office of the Department of Business and Professional
262	Regulation in the recruitment and referral of migrant laborers
263	and other persons for the planting, cultivation, and harvesting
264	of agricultural crops in Florida.
265	(2)  The office shall arrange, through the Department of
266	Health, for the provision of the supplementary services set
267	forth in paragraph (1)(b) to the extent of available
268	appropriations. Such services may be provided through the use of
269	one or more traveling dispensaries, or by contract with
270	physicians, dentists, hospitals, or clinics, or in such manner
271	as may be recommended by the Department of Health.
272	Section 7.  Section 450.201, Florida Statutes, is amended
273	to read:
274	450.201  Legislative Commission on Migrant and Seasonal
275	Labor; membership; filling vacancies.--
276	(1)  There is created a permanent joint committee of the
277	Florida Legislature to be known as the Legislative Commission on
278	Migrant and Seasonal Labor, to be composed of three members of
279	the Senate, appointed by the President of the Senate, and three
280	members of the House of Representatives, appointed by the
281	Speaker of the House. One member from each house shall be a
282	member of the minority party. Any vacancy in the commission
283	shall be filled by the respective presiding officer from the
284	membership of the legislative body from which the vacancy
285	occurred. However, a member who ceases to be a member of the
286	legislative body from which appointed shall continue to be a
287	member of the commission until the next succeeding regular
288	session of the Legislature, at which the commission shall render
289	its report to the Legislature.
290	(2)  Appointments shall be made no later than March 1,
291	2005.
292	(3)  The first meeting of the commission shall be no later
293	than July 1, 2005.
294	Section 8.  Section 450.231, Florida Statutes, is amended
295	to read:
296	450.231  Annual reports to Legislature.--The commission
297	shall report its findings, recommendations, and proposed
298	legislation to each regular session of the Legislature no later
299	than February 1 of each year beginning in 2006.
300	Section 9.  Section 450.27, Florida Statutes, is amended to
301	read:
302	450.27  Short title.--This part shall be known by the
303	popular name may be cited as the "Farm Labor Contractor
304	Registration Law."
305	Section 10.  Section 450.271, Florida Statutes, is amended
306	to read:
307	450.271  State administration of the Migrant and Seasonal
308	Agricultural Worker Protection Act.--The Department of Business
309	and Professional Regulation Labor and Employment Security may
310	enter into agreements with the Secretary of Labor of the United
311	States to authorize the department to administer within the
312	State of Florida the provisions of the Migrant and Seasonal
313	Agricultural Worker Protection Act of 1983, as amended.
314	Section 11.  Subsections (5) and (6) are added to section
315	450.28, Florida Statutes, to read:
316	450.28  Definitions.--
317	(5)  "Minor violation" means a violation of a specific
318	state or federal law or rule that does not result in economic or
319	physical harm to any person recruited, transported, supplied, or
320	hired by a farm labor contractor or create a significant threat
321	of such harm.
322	(6)  "Major violation" means a violation of a specific
323	state or federal law or rule that results in economic or
324	physical harm to any person recruited, transported, supplied, or
325	hired by a farm labor contractor or creates a significant threat
326	of such harm.
327	Section 12.  Subsections (6) and (7) of section 450.30,
328	Florida Statutes, are amended to read:
329	450.30  Requirement of certificate of registration;
330	education and examination program.--
331	(6)  The department shall require an applicant for renewal
332	of a certificate of registration to retake the examination only
333	if:
334	(a)  During the prior certification period, the department
335	issued a final order assessing a civil monetary penalty for a
336	major violation of this part or revoked or refused to renew or
337	issue a certificate of registration; or
338	(b)  The department determines that new requirements
339	related to the duties and responsibilities of a farm labor
340	contractor necessitate a new examination.
341	(7)  The department shall charge each applicant a $35 fee
342	for the education and examination program. Such fees shall be
343	deposited in the Professional Regulation Crew Chief Registration
344	Trust Fund.
345	Section 13.  Subsections (1) and (2) of section 450.31,
346	Florida Statutes, are amended, and subsections (5) and (6) are
347	added to said section, to read:
348	450.31  Issuance, revocation, and suspension of, and
349	refusal to issue or renew, certificate of registration.--
350	(1)  The department shall not issue to any person a
351	certificate of registration as a farm labor contractor, nor
352	shall it renew such certificate, until:
353	(a)  Such person has executed a written application
354	therefor in a form and pursuant to regulations prescribed by the
355	department and has submitted such information as the department
356	may prescribe.
357	(b)  Such person has obtained and holds a valid federal
358	certificate of registration as a farm labor contractor, or a
359	farm labor contractor employee, unless exempt by federal law.
360	(c)  Such person pays to the department, by cashier's check
361	in cash, certified check, or money order, a nonrefundable
362	application fee of $125 $75. Fees collected by the department
363	under this subsection shall be deposited in the State Treasury
364	into the Professional Regulation Crew Chief Registration Trust
365	Fund, which is hereby created, and shall be used utilized for
366	administration of this part.
367	(d)  Such person has successfully taken and passed the farm
368	labor contractor examination.
369	(e)  Such person has designated an agent to receive service
370	of process and other official or legal documents. The agent must
371	be available during regular business hours, Monday through
372	Friday, to accept service on behalf of the farm labor
373	contractor.
374	(2)  The department may revoke, suspend, or refuse to issue
375	or renew any certificate of registration when it is shown that
376	the farm labor contractor has:
377	(a)  Violated or failed to comply with any provision of
378	this part or the rules adopted pursuant to this part; s. 450.36.
379	(b)  Made any misrepresentation or false statement in his
380	or her application for a certificate of registration;.
381	(c)  Given false or misleading information concerning
382	terms, conditions, or existence of employment to persons who are
383	recruited or hired to work on a farm;.
384	(d)  Been assessed a civil fine by the department for which
385	payment is overdue;
386	(e)  Failed to pay unemployment compensation taxes as
387	determined by the Agency for Workforce Innovation;
388	(f)  Been denied, or had suspended or revoked, a federal
389	certificate of registration as a farm labor contractor; or
390	(g)  Failed to pay federal employee taxes as determined by
391	the Internal Revenue Service.
392	(5)  The department may permanently revoke or refuse to
393	issue or renew a certificate of registration if such applicant
394	or certificate holder has been convicted within the preceding 5
395	years of:
396	(a)  A crime under state or federal law:
397	1.  Relating to gambling, or to the sale, distribution, or
398	possession of alcoholic beverages.
399	2.  Committed in connection with, or incident to, any farm
400	labor contracting activities; or
401	(b)  Any felony under state or federal law involving
402	robbery, bribery, extortion, embezzlement, grand larceny,
403	burglary, arson, violation of narcotics laws, murder, rape,
404	assault with intent to kill, assault that inflicts grievous
405	bodily injury, prostitution, peonage, or smuggling or harboring
406	individuals who have entered the country illegally.
407	(6)  Receipt and acceptance of a certificate of
408	registration as a farm labor contractor constitutes
409	unconditional permission for and acquiescence by the contractor
410	to the inspection by department personnel of books, ledgers, and
411	all other documents that are related to the performance of the
412	contractor's farm labor activities.
413	Section 14.  Section 450.321, Florida Statutes, is created
414	to read:
415	450.321  Best practices incentive program for farm labor
416	contractors.--
417	(1)  To promote compliance with this part, and to help the
418	public identify farm labor contractors who have demonstrated a
419	firm commitment to responsible and safe labor practices, the
420	department shall develop and implement a best practices
421	incentive program for farm labor contractors.
422	(2)  Farm labor contractors who seek designation as a best
423	practices farm labor contractor must meet the requirements set
424	by the department. A farm labor contractor may not transfer or
425	use without authorization a designation as a best practices farm
426	labor contractor.
427	(3)  The department may enter into a partnership agreement
428	with a farm labor contractor that states the responsibilities of
429	each party to the agreement regarding the requirements to
430	receive and maintain a best practices designation. Recipients of
431	a designation as a best practices farm labor contractor may use
432	this designation when soliciting business as long as the
433	designation is in effect.
434	(4)  A designation as a best practices farm labor
435	contractor may be revoked when the department determines that
436	the recipient has failed to comply with a requirement
437	established pursuant to subsection (2). When a designation is
438	revoked, the prior recipient shall cease all use of the best
439	practices farm labor contractor designation when soliciting
440	business.
441	(5)  The grant of a designation as a best practices farm
442	labor contractor is not an endorsement of the recipient by the
443	department and may not be characterized as such.
444	(6)  The department may not be held liable in a civil
445	action for damages resulting from the granting, denying,
446	suspending, or revoking of a designation as a best practices
447	farm labor contractor.
448	(7)  The department shall establish an incentive program
449	for farm labor contractors who hold a valid best practices
450	designation.
451	Section 15.  Subsection (10) of section 450.33, Florida
452	Statutes, is amended, and subsection (11) is added to said
453	section, to read:
454	450.33  Duties of farm labor contractor.--Every farm labor
455	contractor must:
456	(10)  Comply with all applicable statutes, rules, and
457	regulations of the United States and of the State of Florida for
458	the protection or benefit of labor, including, but not limited
459	to, those providing for wages, hours, fair labor standards,
460	social security, workers' compensation, unemployment
461	compensation, child labor, and transportation. The department
462	shall not suspend or revoke a certificate of registration
463	pursuant to this subsection unless:
464	(a)  A court or agency of competent jurisdiction renders a
465	judgment or other final decision that a violation of one of the
466	laws, rules, or regulations has occurred and, if invoked, the
467	appellate process is exhausted;
468	(b)  An administrative hearing pursuant to ss. 120.569 and
469	120.57 is held on the suspension or revocation and the
470	administrative law judge finds that a violation of one of the
471	laws, rules, or regulations has occurred and, if invoked, the
472	appellate process is exhausted; or
473	(c)  The holder of a certificate of registration stipulates
474	that a violation has occurred or defaults in the administrative
475	proceedings brought to suspend or revoke his or her
476	registration.
477	(11)  Maintain accurate daily field records for each
478	employee actually paid by the farm labor contractor reflecting
479	the hours worked for the farm labor contractor and, if paid by
480	unit, the number of units harvested and the amount paid per
481	unit.
482	Section 16.  Subsections (4) and (5) are added to section
483	450.34, Florida Statutes, to read:
484	450.34  Prohibited acts of farm labor contractor.--A
485	licensee may not:
486	(4)  Retaliate against any person that has filed a
487	complaint or aided an investigation pursuant to this part.
488	(5)  Contract with or employ any person acting in the
489	capacity of a farm labor contractor, or performing activities
490	defined in s. 450.28(1), when that person does not have a
491	current certificate of registration issued by the department
492	pursuant to the requirements of this part.
493	Section 17.  Section 450.35, Florida Statutes, is amended
494	to read:
495	450.35  Certain contracts or employment prohibited.--It is
496	unlawful for any person to contract with or employ for the
497	employment of farm workers with any farm labor contractor as
498	defined in this act, for matters relating to farm labor, until
499	the labor contractor displays to him or her a current
500	certificate of registration issued by the department pursuant to
501	the requirements of this part. A violation of this section is
502	subject to the penalties provided for violations in s.
503	450.38(1).
504	Section 18.  Section 450.37, Florida Statutes, is amended
505	to read:
506	450.37  Cooperation with state and federal agencies.--The
507	department shall, whenever appropriate, cooperate with any
508	federal agency. The department may cooperate with and enter into
509	agreements with any other state agency to administer this
510	chapter or secure uniform rules.
511	Section 19.  Section 450.38, Florida Statutes, is amended
512	to read:
513	450.38  Enforcement of farm labor contractor laws.--
514	(1)  Any person, firm, association, or corporation not
515	excluded under s. 450.29 that commits a minor violation who
516	violates any provision of this part and, upon conviction, is
517	guilty of commits a misdemeanor of the second degree, is
518	punishable as provided in s. 775.082 or s. 775.083.
519	(2)  Any person, firm, association, or corporation that
520	commits a major violation of this part and, upon conviction, is
521	guilty of a felony of the third degree, is punishable as
522	provided in s. 775.082, s. 775.083, or s. 775.084.
523	(3)(2)  Any person, firm, association, or corporation that
524	who, on or after June 19, 1985, commits a violation of this part
525	or of any rule adopted thereunder may be assessed a civil
526	penalty of not more than $2,500 $1,000 for each such violation.
527	Such assessed penalties shall be paid by cashier's check in
528	cash, certified check, or money order and shall be deposited
529	into the General Revenue Fund. The department shall not
530	institute or maintain any administrative proceeding to assess a
531	civil penalty under this subsection when the violation is the
532	subject of a criminal indictment or information under this
533	section which results in a criminal penalty being imposed, or of
534	a criminal, civil, or administrative proceeding by the United
535	States government or an agency thereof which results in a
536	criminal or civil penalty being imposed. The department may
537	adopt rules prescribing the criteria to be used to determine the
538	amount of the civil penalty and to provide notification to
539	persons assessed a civil penalty under this section.
540	(4)(3)  Upon a complaint of the department being filed in
541	the circuit court of the county in which the farm labor
542	contractor resides or may be doing business, any farm labor
543	contractor who fails to obtain a certificate of registration as
544	required by this part may, in addition to such penalties, be
545	enjoined from engaging in any activity which requires the farm
546	labor contractor to possess a certificate of registration.
547	(5)(4)  For the purpose of any investigation or proceeding
548	conducted by the department, the secretary of the department or
549	the secretary's designee shall have the power to administer
550	oaths, take depositions, make inspections when authorized by
551	statute, issue subpoenas which shall be supported by affidavit,
552	serve subpoenas and other process, and compel the attendance of
553	witnesses and the production of books, papers, documents, and
554	other evidence. The secretary of the department or the
555	secretary's designee shall exercise this power on the
556	secretary's own initiative.
557	(6)  A farm labor contractor who commits a minor violation
558	of this part shall be issued a warning for the first violation.
559	A civil penalty in increments of $250 may be assessed for each
560	successive violation of a specific statute or rule of this part
561	up to a maximum of $2,500.
562	(7)  A farm labor contractor who commits a major violation
563	of a specific statute or rule of this part shall be assessed a
564	civil penalty of up to $2,500 in accordance with the criteria
565	established by the department pursuant to s. 450.38.
566	Section 20.  Section 450.39, Florida Statutes, is created
567	to read:
568	450.39  Prohibition against required purchase; prohibition
569	against excessive charges.--
570	(1)  A farm labor contractor may not require any farmworker
571	to purchase goods or services solely from such farm labor
572	contractor or from a person acting as an agent for such farm
573	labor contractor.
574	(2)  A farm labor contractor may not charge a farmworker
575	more than a reasonable cost for any commodity, including
576	housing, food, water, or other consumables, in accordance with
577	Title 29 C.F.R. s. 531.3. As used in this subsection, the term
578	"reasonable cost" does not include a profit to the farm labor
579	contractor or to any other person acting as an agent for the
580	farm labor contractor.
581	Section 21.  Section 487.011, Florida Statutes, is amended
582	to read:
583	487.011  Popular name Short title; administration.--This
584	part shall chapter may be known by the popular name cited as the
585	"Florida Pesticide Law" and shall be administered by the
586	Department of Agriculture and Consumer Services.
587	Section 22.  Section 487.012, Florida Statutes, is amended
588	to read:
589	487.012  Declaration of purpose.--The purpose of this part
590	chapter is to regulate the distribution, sale, and use of
591	pesticides, except as provided in chapters 388 and 482, and to
592	protect people and the environment from the adverse effects of
593	pesticides.
594	Section 23.  Section 487.021, Florida Statutes, is amended
595	to read:
596	487.021  Definitions.--For the purpose of this part
597	chapter:
598	(1)  "Acceptable release rate" means a measured release
599	rate not exceeding 4.0 micrograms per square centimeter per day
600	at steady state conditions as determined in accordance with a
601	United States Environmental Protection Agency testing data call-
602	in notice of July 29, 1986, on tributyltin in antifouling paints
603	under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
604	U.S.C. s. 136, or at a rate established by the department.
605	(2)  "Active ingredient" means:
606	(a)  In the case of a pesticide other than a plant
607	regulator, defoliant, or desiccant, an ingredient which will
608	prevent, destroy, repel, or mitigate insects, nematodes, fungi,
609	rodents, weeds, or other pests.
610	(b)  In the case of a plant regulator, an ingredient which,
611	through physiological action, will accelerate or retard the rate
612	of growth or rate of maturation, or otherwise alter the
613	behavior, of ornamental or crop plants or the produce thereof.
614	(c)  In the case of a defoliant, an ingredient which will
615	cause the leaves or foliage to drop from a plant.
616	(d)  In the case of a desiccant, an ingredient which will
617	artificially accelerate the drying of plant tissue.
618	(3)  "Added ingredient" means any plant nutrient or plant
619	regulator added to the mixture which is not an active pesticidal
620	ingredient, but which the manufacturer wishes to show on the
621	label.
622	(4)  "Adulterated" applies to any pesticide if its strength
623	or purity falls below or is in excess of the professed standard
624	of quality as expressed on labeling or under which it is sold,
625	if any substance has been substituted wholly or in part for the
626	pesticide or if any valuable constituent of the pesticide has
627	been wholly or in part abstracted.
628	(5)  "Advertisement" means all representations disseminated
629	in any manner or by any means other than by labeling, for the
630	purpose of inducing, or which are likely to induce, directly or
631	indirectly, the purchase of pesticides.
632	(6)  "Age of majority" means any natural person 18 years of
633	age or older, or an emancipated minor.
634	(7)  "Aircraft" means any machine designed for flight and
635	for use in applying pesticides.
636	(8)  "Animal" means all vertebrate and invertebrate
637	species, including, but not limited to, humans and other
638	mammals, birds, fish, and shellfish.
639	(9)  "Antidote" means the most practical immediate
640	treatment for poisoning and includes first aid treatment.
641	(10)  "Antifouling paint" means a coating, paint, or
642	treatment that is intended for use as a pesticide, as defined in
643	this section, to control freshwater or marine fouling organisms.
644	(11)  "Antisiphon device" means a safety device used to
645	prevent the backflow of a mixture of water and chemicals into
646	the water supply.
647	(12)  "Batch" or "lot" means a quantity of pesticide
648	produced or packaged and readily identified by numbers, letters,
649	or other symbols.
650	(13)  "Brand" means the name, number, trademark, or any
651	other designation which distinguishes one pesticide product from
652	another.
653	(14)  "Certification" means the recognition by the
654	department that an individual is a competent pesticide
655	applicator and, thus, is eligible for licensure in one or more
656	of the designated license types and categories.
657	(15)  "Certified applicator" means any individual who has
658	been recognized by the department as a competent pesticide
659	applicator and, thus, is eligible to apply for licensure in one
660	or more of the designated license types and categories.
661	(16)  "Commercial applicator" means an individual who has
662	reached the age of majority and is licensed by the department to
663	use or supervise the use of any restricted-use pesticide for any
664	purpose on any property other than as provided by the
665	definitions of "private applicator," "product specific
666	applicator," or "public applicator," whether or not the
667	individual is a private applicator with respect to some uses.
668	(17)  "Dealer" means any person, other than the
669	manufacturer or distributor, who offers for sale, sells,
670	barters, or otherwise supplies pesticides to the ultimate user
671	or consumer.
672	(18)  "Deficiency" means the amount of an active ingredient
673	of a pesticide by which it fails to come up to its guaranteed
674	analysis when analyzed.
675	(19)  "Defoliant" means any substance or mixture of
676	substances intended for causing the leaves or foliage to drop
677	from a plant, with or without causing abscission.
678	(20)  "Department" means the Department of Agriculture and
679	Consumer Services or its authorized representative.
680	(21)  "Desiccant" means any substance or mixture of
681	substances intended for artificially accelerating the drying of
682	plant tissues.
683	(22)  "Device" means any instrument or contrivance (other
684	than a firearm) which is intended for trapping, destroying,
685	repelling, or mitigating, any pest or other form of plant or
686	animal life (other than human and other than bacteria, virus, or
687	other microorganism on or in living humans or other living
688	animals); but not including equipment used for the application
689	of pesticides when sold separately.
690	(23)  "Distribute" means to offer for sale, hold for sale,
691	sell, barter, or supply pesticides in this state.
692	(24)  "Distributor" means any person who offers for sale,
693	holds for sale, sells, barters, or supplies pesticides in this
694	state.
695	(25)  "Emergency exemption" means an exemption as
696	authorized in s. 18 of the Federal Insecticide, Fungicide, and
697	Rodenticide Act.
698	(26)  "Environment" means all water, air, land, plants, and
699	animals, and their relationships with one another.
700	(27)  "Equipment" means any type of ground, aquatic, or
701	aerial device used to apply any pesticide on land, and on
702	anything that may be growing, habituating, or stored on or in
703	the land. Equipment does not include any pressurized hand-size
704	household device used to apply any pesticide, or any other
705	device where the person applying the pesticide is the source of
706	power for applying the pesticide.
707	(28)  "Excess" means the amount of an active ingredient of
708	a pesticide found by analysis to be over the guaranteed amount.
709	(29)  "Experimental use permit" means a permit issued by
710	the department or by the United States Environmental Protection
711	Agency as authorized in s. 5 of the Federal Insecticide,
712	Fungicide, and Rodenticide Act.
713	(30)  "Fungi" means all non-chlorophyll-bearing
714	thallophytes (that is, all non-chlorophyll-bearing plants of a
715	lower order than mosses and liverworts), as, for example, rusts,
716	smuts, mildews, molds, yeasts, and bacteria, except those on or
717	in living humans or other animals.
718	(31)  "Highly toxic" means any highly poisonous pesticide
719	as determined by the rules promulgated pursuant to this part
720	chapter.
721	(32)  "Imminent hazard" means a situation which exists when
722	the continued use of a pesticide during the time required for
723	cancellation proceedings would be likely to result in
724	unreasonable adverse effects on the environment or will involve
725	unreasonable hazard to the survival of a species declared
726	endangered.
727	(33)  "Ineffective" means that pesticides such as
728	bacteriostats, disinfectants, germicides, sanitizers, and like
729	products fail to meet microbiological claims when tested in the
730	laboratory utilizing the officially approved procedures of the
731	Association of Official Analytical Chemists or other methods or
732	procedures as the department may find necessary.
733	(34)  "Inert ingredient" means an ingredient which is not
734	an active ingredient.
735	(35)  "Ingredient statement" means a statement of the name
736	and percentage by weight of each active ingredient, together
737	with the total percentage of the inert ingredients in the
738	pesticides.
739	(36)  "Insect" means any of the numerous small invertebrate
740	animals generally having the body more or less obviously
741	segmented, for the most part belonging to the class Insecta,
742	comprising six legs, usually in winged form (as, for example,
743	beetles, bugs, bees, and flies) and to other allied classes and
744	arthropods whose members are wingless and usually have more than
745	six legs (as, for example, spiders, mites, ticks, centipedes,
746	and wood lice).
747	(37)  "Irrigation system" means any device or combination
748	of devices having a hose, pipe, or other conduit which connects
749	directly to any source of ground or surface water, through which
750	device or combination of devices water or a mixture of water and
751	chemicals is drawn and applied for agricultural purposes. The
752	term does not include any handheld hose sprayer or other similar
753	device which is constructed so that an interruption in water
754	flow automatically prevents any backflow to the water source.
755	(38)  "Label" means the written, printed, or graphic matter
756	on or attached to a pesticide, device, or immediate and outside
757	container or wrappers of such pesticide or device.
758	(39)  "Labeling" means all labels and other written,
759	printed, or graphic matter referencing the pesticide or device
760	or upon any of its containers or wrappers, or accompanying the
761	pesticide or device at any time, but does not include accurate,
762	nonmisleading reference to current official publications of the
763	United States Departments of Agriculture or Interior, the
764	Environmental Protection Agency, the United States Public Health
765	Service, state experiment stations, state agricultural colleges,
766	or other similar federal institutions or official agencies of
767	this state or other states authorized by law to conduct research
768	in the field of pesticides.
769	(40)  "Land" means all land and water areas, including
770	airspace.
771	(41)  "Licensed applicator" means an individual who has
772	reached the age of majority and is authorized by license from
773	the department to use or supervise the use of any restricted-use
774	pesticide covered by the license.
775	(42)  "Manufacturer" means a person engaged in the business
776	of importing, producing, preparing, mixing, formulating, or
777	reformulating pesticides for the purpose of distribution.
778	(43)  "Mixer-loader" means any individual who handles open
779	containers or otherwise prepares, processes, or dilutes
780	pesticides in preparation for final application.
781	(44)  "Nematode" means invertebrate animals of the phylum
782	Nemathelminthes and class Nematoda (that is, unsegmented round
783	worms with elongated, fusiform, or saclike bodies covered with
784	cuticle and inhabiting soil, water, plants, or plant parts), and
785	may also be known as nemas or eelworms.
786	(45)  "Official sample" means any sample of a pesticide
787	taken by the department in accordance with the provisions of
788	this part chapter or rules adopted under this part chapter, and
789	designated as official by the department.
790	(46)  "Organotin compound" means any compound of tin used
791	as a biocide in an antifouling paint.
792	(47)  "Percent" means one one-hundredth part by weight or
793	volume.
794	(48)  "Pest" means:
795	(a)  Any insect, rodent, nematode, fungus, weed; or
796	(b)  Any other form of terrestrial or aquatic plant or
797	animal life or virus, bacteria, or other microorganism, except
798	viruses, bacteria, or other microorganisms on or in living
799	humans or other living animals, which is declared to be a pest
800	by the administrator of the United States Environmental
801	Protection Agency or which may be declared to be a pest by the
802	department by rule.
803	(49)  "Pesticide" means any substance or mixture of
804	substances intended for preventing, destroying, repelling, or
805	mitigating any insects, rodents, nematodes, fungi, weeds, or
806	other forms of plant or animal life or viruses, except viruses,
807	bacteria, or fungi on or in living humans or other animals,
808	which the department by rule declares to be a pest, and any
809	substance or mixture of substances intended for use as a plant
810	regulator, defoliant, or desiccant; however, the term
811	"pesticide" does not include any article that:
812	(a)  Is a "new animal drug" within the meaning of s. 201(w)
813	of the Federal Food, Drug, and Cosmetic Act;
814	(b)  Has been determined by the Secretary of the United
815	States Department of Health and Human Services not to be a new
816	animal drug by a regulation establishing conditions of use for
817	the article; or
818	(c)  Is an animal feed within the meaning of s. 201(x) of
819	the Federal Food, Drug, and Cosmetic Act bearing or containing
820	an article covered in this subsection.
821	(50)  "Plant nutrient" means any ingredient that furnishes
822	nourishment to the plant or promotes its growth in a normal
823	manner.
824	(51)  "Plant regulator" means any substance or mixture of
825	substances intended, through physiological action, for
826	accelerating or retarding the rate of growth or maturation, or
827	for otherwise altering the behavior, of ornamental or crop
828	plants or the produce thereof; but does not include substances
829	intended as plant nutrients, trace elements, nutritional
830	chemicals, plant inoculants, or soil amendments.
831	(52)  "Private applicator" means an individual who has
832	reached the age of majority and is licensed by the department to
833	use or supervise the use of any restricted-use pesticide for
834	purposes of producing any agricultural commodity on property
835	owned or rented by his or her employer, or, if applied without
836	compensation other than the trading of personal services between
837	producers of agricultural commodities, on the property of
838	another person.
839	(53)  "Product" means a unique pesticide and label as
840	distinguished by its individually assigned United States
841	Environmental Protection Agency registration number, special
842	local need registration number, or experimental use permit
843	number.
844	(54)  "Protect health and the environment" means protection
845	against any unreasonable adverse effects on people or the
846	environment.
847	(55)  "Public applicator" means an individual who has
848	reached the age of majority and is licensed by the department to
849	use or supervise the use of restricted-use pesticides as an
850	employee of a state agency, municipal corporation, or other
851	governmental agency.
852	(56)  "Product specific applicator" means an individual who
853	has reached the age of majority and is licensed by the
854	department to use or supervise the use of a particular
855	restricted-use pesticide product that is identified on the
856	license by the United States Environmental Protection Agency
857	registration number, as well as any Florida special local need
858	registration number and any specific identifying information as
859	deemed appropriate for nonfederally registered products exempt
860	under s. 18 of the Federal Insecticide, Fungicide, and
861	Rodenticide Act, provided that the restricted-use pesticide
862	product is used for the purpose of producing agricultural
863	commodities on property owned or rented by the licensee or the
864	licensee's employer, or is applied on the property of another
865	person without compensation other than trading of personal
866	services between producers of agricultural commodities.
867	(57)  "Registrant" means the person registering any
868	pesticide pursuant to the provisions of this part chapter.
869	(58)  "Restricted-use pesticide" means a pesticide which,
870	when applied in accordance with its directions for use,
871	warnings, and cautions and for uses for which it is registered
872	or for one or more such uses, or in accordance with a widespread
873	and commonly recognized practice, may generally cause, without
874	additional regulatory restrictions, unreasonable adverse effects
875	on the environment, or injury to the applicator or other
876	persons, and which has been classified as a restricted-use
877	pesticide by the department or the administrator of the United
878	States Environmental Protection Agency.
879	(59)  "Sell or sale" includes exchanges.
880	(60)  "Special local need registration" means a state
881	registration issued by the department as authorized in s. 24(c)
882	of the Federal Insecticide, Fungicide, and Rodenticide Act.
883	(61)  "Special review" is a process for reviewing selected
884	pesticides based upon information that the pesticides have been
885	found to present environmental or health concerns not considered
886	in the registration process or that data submitted in support of
887	registration are inadequate or outdated.
888	(62)  "Tolerance" means the deviation from the guaranteed
889	analysis permitted by law.
890	(63)  "Transportation of pesticides in bulk" means the
891	movement of a pesticide which is held in an individual container
892	in undivided quantities of greater than 55 U.S. gallons liquid
893	measure or 100 pounds net dry weight.
894	(64)  "Under the direct supervision of a licensed
895	applicator" means, unless otherwise prescribed by its labeling,
896	a pesticide that must be applied by a competent person acting
897	under the instruction and control of a licensed applicator who
898	is available if and when needed, even though the licensed
899	applicator is not physically present when the pesticide is
900	applied.
901	(65)  "Unreasonable adverse effects on the environment"
902	means any unreasonable risk to humans or the environment, taking
903	into account the economic, social, and environmental costs and
904	benefits of the use of any pesticide.
905	(66)  "Vessel" means any type of watercraft or other
906	artificial contrivance used, or capable of being used, as a
907	means of transportation on water.
908	(67)  "Weed" means any plant which grows where not wanted.
909	Section 24.  Subsection (2) of section 487.025, Florida
910	Statutes, is amended to read:
911	487.025  Misbranding.--
912	(2)  A pesticide is misbranded if:
913	(a)  It is an imitation of, or is offered for sale under
914	the name of, another pesticide.
915	(b)  Its labeling bears any reference to registration under
916	this part chapter.
917	(c)  The labeling accompanying it does not contain
918	instructions for use which are necessary and, if complied with,
919	adequate for the protection of the public.
920	(d)  The label does not contain a warning or caution
921	statement which may be necessary and, if complied with, adequate
922	to prevent injury to living humans and other vertebrate animals.
923	(e)  The label does not bear an ingredient statement on
924	that part of the immediate container, and on the outside
925	container or wrapper, if there is one, through which the
926	ingredient statement on the immediate container cannot be
927	clearly read, of the retail package which is presented or
928	displayed under customary conditions of purchase.
929	(f)  Any word, statement, or other information required by
930	or under authority of this part chapter to appear on the
931	labeling is not prominently placed thereon with such
932	conspicuousness, as compared with other words, statements,
933	designs, or graphic matter in the labeling, and in such terms as
934	to render it likely to be read and understood by the ordinary
935	individual under customary conditions of purchase and use.
936	(g)  It is injurious to living humans or other vertebrate
937	animals or vegetation, except weeds, to which it is applied, or
938	to the person applying such pesticide as directed or in
939	accordance with commonly recognized practice.
940	(h)  In the case of a plant regulator, defoliant, or
941	desiccant, when used as directed, it is injurious to living
942	humans or other vertebrate animals, or vegetation, to which it
943	is applied, or to the person applying such pesticide. However,
944	physical or physiological effects on plants or parts thereof
945	shall not be deemed to be injury when this is the purpose for
946	which the plant regulator, defoliant, or desiccant was applied
947	in accordance with the label claims and recommendations.
948	(i)  Any ingredient which is present in amounts which are
949	not likely to be effective when used according to directions is
950	given undue prominence or conspicuousness, as compared with
951	ingredients which are present in effective amounts, in its
952	labeling. Such ingredient shall appear only in the ingredient
953	statement.
954	(j)  It is found to be ineffective when tested in the
955	laboratory.
956	(k)  It is found by the department to be of short measure.
957	Section 25.  Subsections (2), (4), (5), and (13) of section
958	487.031, Florida Statutes, are amended to read:
959	487.031  Prohibited acts.--It is unlawful:
960	(2)  To distribute, sell, or offer for sale within this
961	state any pesticide or product which has not been registered
962	pursuant to the provisions of this part chapter, except
963	pesticides distributed, sold, offered for sale, or used in
964	accordance with the provisions of federal or state restriction,
965	supervision, or cancellation orders or other existing stock
966	agreements.
967	(4)  To detach, alter, deface, or destroy, in whole or in
968	part, any label or labeling provided for in this part chapter or
969	rules promulgated under this part chapter, or to add any
970	substance to, or take any substance from, any pesticide in a
971	manner that may defeat the purpose of this part chapter.
972	(5)  For any person to use for his or her own advantage or
973	to reveal any information relative to formulas of products
974	acquired by authority of this part chapter, other than to: the
975	department, proper officials, or employees of the state; the
976	courts of this state in response to a subpoena; physicians,
977	pharmacists, and other qualified persons, in an emergency, for
978	use in the preparation of antidotes. The information relative to
979	formulas of products is confidential and exempt from the
980	provisions of s. 119.07(1).
981	(13)  For any person to:
982	(a)  Make a false or fraudulent claim through any medium,
983	misrepresenting the effect of materials or methods used;
984	(b)  Make a pesticide recommendation or application not in
985	accordance with the label, except as provided in this section,
986	or not in accordance with recommendations of the United States
987	Environmental Protection Agency or not in accordance with the
988	specifications of a special local need registration;
989	(c)  Operate faulty or unsafe equipment;
990	(d)  Operate in a faulty, careless, or negligent manner;
991	(e)  Apply any pesticide directly to, or in any manner
992	cause any pesticide to drift onto, any person or area not
993	intended to receive the pesticide;
994	(f)  Fail to disclose to an agricultural crop grower, prior
995	to the time pesticides are applied to a crop, full information
996	regarding the possible harmful effects to human beings or
997	animals and the earliest safe time for workers or animals to
998	reenter the treated field;
999	(g)  Refuse or, after notice, neglect to comply with the
1000	provisions of this part chapter, the rules adopted under this
1001	part chapter, or any lawful order of the department;
1002	(h)  Refuse or neglect to keep and maintain the records
1003	required by this part chapter or to submit reports when and as
1004	required;
1005	(i)  Make false or fraudulent records, invoices, or
1006	reports;
1007	(j)  Use fraud or misrepresentation in making an
1008	application for a license or license renewal;
1009	(k)  Refuse or neglect to comply with any limitations or
1010	restrictions on or in a duly issued license;
1011	(l)  Aid or abet a licensed or unlicensed person to evade
1012	the provisions of this part chapter, or combine or conspire with
1013	a licensed or unlicensed person to evade the provisions of this
1014	part chapter, or allow a license to be used by an unlicensed
1015	person;
1016	(m)  Make false or misleading statements during or after an
1017	inspection concerning any infestation or infection of pests
1018	found on land;
1019	(n)  Make false or misleading statements, or fail to
1020	report, pursuant to this part chapter, any suspected or known
1021	damage to property or illness or injury to persons caused by the
1022	application of pesticides;
1023	(o)  Impersonate any state, county, or city inspector or
1024	official;
1025	(p)  Fail to maintain a current liability insurance policy
1026	or surety bond as provided for in this part chapter;
1027	(q)  Fail to adequately train, as provided for in this part
1028	chapter, unlicensed applicators or mixer-loaders applying
1029	restricted-use pesticides under the direct supervision of a
1030	licensed applicator; or
1031	(r)  Fail to provide authorized representatives of the
1032	department with records required by this part chapter or with
1033	free access for inspection and sampling of any pesticide, areas
1034	treated with or impacted by these materials, and equipment used
1035	in their application.
1036	Section 26.  Subsections (2), (3), and (8) of section
1037	487.041, Florida Statutes, are amended to read:
1038	487.041  Registration.--
1039	(2)  For the purpose of defraying expenses of the
1040	department in connection with carrying out the provisions of
1041	this part chapter, each person shall pay an annual registration
1042	fee of $250 for each registered pesticide. The annual
1043	registration fee for each special local need label and
1044	experimental use permit shall be $100. All registrations expire
1045	on December 31 of each year. Nothing in this section shall be
1046	construed as applying to distributors or retail dealers selling
1047	pesticides when such pesticides are registered by another
1048	person.
1049	(3)  The department shall adopt rules governing the
1050	procedures for pesticide registration and for the review of data
1051	submitted by an applicant for registration of a pesticide. The
1052	department shall determine whether a pesticide should be
1053	registered, registered with conditions, or tested under field
1054	conditions in this state. The department shall determine that
1055	all requests for pesticide registrations meet the requirements
1056	of current state and federal law. The department, whenever it
1057	deems it necessary in the administration of this part chapter,
1058	may require the manufacturer or registrant to submit the
1059	complete formula, quantities shipped into or manufactured in the
1060	state for distribution and sale, evidence of the efficacy and
1061	the safety of any pesticide, and other relevant data. The
1062	department may review and evaluate a registered pesticide if new
1063	information is made available which indicates that use of the
1064	pesticide has caused an unreasonable adverse effect on public
1065	health or the environment. Such review shall be conducted upon
1066	the request of the secretary of the Department of Health in the
1067	event of an unreasonable adverse effect on public health or the
1068	secretary of the Department of Environmental Protection in the
1069	event of an unreasonable adverse effect on the environment. Such
1070	review may result in modifications, revocation, cancellation, or
1071	suspension of a pesticide registration. The department, for
1072	reasons of adulteration, misbranding, or other good cause, may
1073	refuse or revoke the registration of any pesticide, after notice
1074	to the applicant or registrant giving the reason for the
1075	decision. The applicant may then request a hearing, pursuant to
1076	chapter 120, on the intention of the department to refuse or
1077	revoke registration, and, upon his or her failure to do so, the
1078	refusal or revocation shall become final without further
1079	procedure. In no event shall registration of a pesticide be
1080	construed as a defense for the commission of any offense
1081	prohibited under this part chapter.
1082	(8)  Nothing in this section affects the authority of the
1083	department to administer the pesticide registration program
1084	under this part chapter or the authority of the Commissioner of
1085	Agriculture to approve the registration of a pesticide.
1086	Section 27.  Section 487.0435, Florida Statutes, is amended
1087	to read:
1088	487.0435  License classification.--The department shall
1089	issue certified applicator licenses in the following
1090	classifications: certified public applicator; certified private
1091	applicator; and certified commercial applicator. In addition,
1092	separate classifications and subclassifications may be specified
1093	by the department in rule as deemed necessary to carry out the
1094	provisions of this part chapter. Each classification shall be
1095	subject to requirements or testing procedures to be set forth by
1096	rule of the department and shall be restricted to the activities
1097	within the scope of the respective classification as established
1098	in statute or by rule. In specifying classifications, the
1099	department may consider, but is not limited to, the following:
1100	(1)  Whether the license sought is for commercial, public,
1101	or private applicator status.
1102	(2)  The method of applying the restricted-use pesticide.
1103	(3)  The specific crops upon which restricted-use
1104	pesticides are applied.
1105	(4)  The proximity of populated areas to the land upon
1106	which restricted-use pesticides are applied.
1107	(5)  The acreage under the control of the licensee.
1108	(6)  The pounds of technical restricted toxicant applied
1109	per acre per year by the licensee.
1110	Section 28.  Section 487.045, Florida Statutes, is amended
1111	to read:
1112	487.045  Fees.--
1113	(1)  The department shall establish applicable fees by
1114	rule. The fees shall not exceed $250 for commercial applicators
1115	or $100 for private applicators and public applicators, for
1116	initial licensing and for each subsequent license renewal. The
1117	fees shall be determined annually and shall represent department
1118	costs associated with enforcement of the provisions of this part
1119	chapter.
1120	(2)  Fees collected under the provisions of this part
1121	chapter shall be deposited into the General Inspection Trust
1122	Fund and shall be used to defray expenses in the administration
1123	of this part chapter.
1124	Section 29.  Subsection (2) of section 487.046, Florida
1125	Statutes, is amended to read:
1126	487.046  Application; licensure.--
1127	(2)  If the department finds the applicant qualified in the
1128	classification for which the applicant has applied, and if the
1129	applicant applying for a license to engage in aerial application
1130	of pesticides has met all of the requirements of the Federal
1131	Aviation Agency and the Department of Transportation of this
1132	state to operate the equipment described in the application and
1133	has shown proof of liability insurance or posted a surety bond
1134	in an amount to be set forth by rule of the department, the
1135	department shall issue a certified applicator's license, limited
1136	to the classifications for which the applicant is qualified. The
1137	license shall expire as required by rules promulgated under this
1138	part chapter, unless it has been revoked or suspended by the
1139	department prior to expiration, for cause as provided in this
1140	part chapter. The license or authorization card issued by the
1141	department verifying licensure shall be kept on the person of
1142	the licensee while performing work as a licensed applicator.
1143	Section 30.  Section 487.047, Florida Statutes, is amended
1144	to read:
1145	487.047  Nonresident license; reciprocal agreement;
1146	authorized purchase.--
1147	(1)  The department may waive all or part of the
1148	examination requirements provided for in this part chapter on a
1149	reciprocal basis with any other state or agency, or an Indian
1150	tribe, that has substantially the same or better standards.
1151	(2)  Any nonresident applying for a license under this part
1152	chapter to operate in the state shall file a Designation of
1153	Registered Agent naming the Secretary of State as the agent of
1154	the nonresident, upon whom process may be served in the event of
1155	any suit against the nonresident. The designation shall be
1156	prepared on a form provided by the department and shall render
1157	effective the jurisdiction of the courts of this state over the
1158	nonresident applicant. However, any nonresident who has a duly
1159	appointed registered agent upon whom process may be served as
1160	provided by law shall not be required to designate the Secretary
1161	of State as registered agent. The Secretary of State shall be
1162	allowed the registered-agent fees as provided by law for
1163	designating registered agents. The department shall be furnished
1164	with a copy of the designation of the Secretary of State or of a
1165	registered agent which is certified by the Secretary of State.
1166	The Secretary of State shall notify the department of any
1167	service of process it receives as registered agent for persons
1168	licensed under this part chapter.
1169	(3)  Restricted-use pesticides may be purchased by any
1170	person who holds a valid applicator's license or who holds a
1171	valid purchase authorization card issued by the department or by
1172	a licensee under chapter 482 or chapter 388. A nonlicensed
1173	person may apply restricted-use pesticides under the direct
1174	supervision of a licensed applicator. An applicator's license
1175	shall be issued by the department on a form supplied by it in
1176	accordance with the requirements of this part chapter.
1177	Section 31.  Subsection (1) of section 487.049, Florida
1178	Statutes, is amended to read:
1179	487.049  Renewal; late fee; recertification.--
1180	(1)  The department shall require renewal of a certified
1181	applicator's license at 4-year intervals from the date of
1182	issuance. If the application for renewal of any license provided
1183	for in this part chapter is not filed on time, a late fee shall
1184	be assessed not to exceed $50. However, the penalty shall not
1185	apply if the renewal application is filed within 60 days after
1186	the renewal date, provided the applicant furnishes an affidavit
1187	certifying that he or she has not engaged in business subsequent
1188	to the expiration of the license for a period not exceeding 60
1189	days. A license may be renewed without taking another
1190	examination unless the department determines that new knowledge
1191	related to the classification for which the applicant has
1192	applied makes a new examination necessary; however, the
1193	department may require the applicant to provide evidence of
1194	continued competency, as determined by rule. If the license is
1195	not renewed within 60 days after of the expiration date, then
1196	the licensee may again be required to take another examination,
1197	unless there is some unavoidable circumstance which results in
1198	the delay of the renewal of any license issued under this part
1199	chapter which was not under the applicant's control.
1200	Section 32.  Paragraph (b) of subsection (1) and subsection
1201	(2) of section 487.051, Florida Statutes, are amended to read:
1202	487.051  Administration; rules; procedure.--
1203	(1)  The department may by rule:
1204	(b)  Establish procedures for the taking and handling of
1205	samples and establish tolerances and deficiencies where not
1206	specifically provided for in this part chapter; assess
1207	penalties; and prohibit the sale or use of pesticides or devices
1208	shown to be detrimental to human beings, the environment, or
1209	agriculture or to be otherwise of questionable value.
1210	(2)  The department is authorized to adopt by rule the
1211	primary standards established by the United States Environmental
1212	Protection Agency with respect to pesticides. If the provisions
1213	of this part chapter are preempted in part by federal law, those
1214	provisions not preempted shall apply. This part chapter is
1215	intended as comprehensive and exclusive regulation of pesticides
1216	in this state. Except as provided in chapters 373, 376, 388,
1217	403, and 482, or as otherwise provided by law, no agency,
1218	commission, department, county, municipality, or other political
1219	subdivision of the state may adopt laws, regulations, rules, or
1220	policies pertaining to pesticides, including their registration,
1221	packaging, labeling, distribution, sale, or use, except that
1222	local jurisdictions may adopt or enforce an ordinance pertaining
1223	to pesticides if that ordinance is in the area of occupational
1224	license taxes, building and zoning regulations, disposal or
1225	spillage of pesticides within a water well zone, or pesticide
1226	safety regulations relating to containment at the storage site.
1227	Section 33.  Subsection (4) of section 487.0615, Florida
1228	Statutes, is amended to read:
1229	487.0615  Pesticide Review Council.--
1230	(4)  The council is defined as a "substantially interested
1231	person" and has standing under chapter 120 in any proceeding
1232	conducted by the department relating to the registration of a
1233	pesticide under this part chapter. The standing of the council
1234	shall in no way prevent individual members of the council from
1235	exercising standing in these matters.
1236	Section 34.  Section 487.071, Florida Statutes, is amended
1237	to read:
1238	487.071  Enforcement, inspection, sampling, and analysis.--
1239	(1)  The department is authorized to enter upon any public
1240	or private premises or carrier where pesticides are known or
1241	thought to be distributed, sold, offered for sale, held, stored,
1242	or applied, during regular business hours in the performance of
1243	its duties relating to pesticides and records pertaining to
1244	pesticides. No person shall deny or refuse access to the
1245	department when it seeks to enter upon any public or private
1246	premises or carrier during business hours in performance of its
1247	duties under this part chapter.
1248	(2)  The department is authorized and directed to sample,
1249	test, inspect, and make analyses of pesticides sold, offered for
1250	sale, distributed, or used within this state, at a time and
1251	place and to such an extent as it may deem necessary, to
1252	determine whether the pesticides or persons exercising control
1253	over the pesticides are in compliance with the provisions of
1254	this part chapter, the rules adopted under this part chapter,
1255	and the provisions of the pesticide label or labeling.
1256	(3)  The official analysis shall be made from the official
1257	sample. A sealed and identified sample, herein called "official
1258	check sample" shall be kept until the analysis on the official
1259	sample is completed. However, the registrant may obtain upon
1260	request a portion of the official sample. Upon completion of the
1261	analysis of the official sample, a true copy of the certificate
1262	of analysis shall be mailed to the registrant of the pesticide
1263	from whom the official sample was taken and also to the dealer
1264	or agent, if any, and consumer, if known. If the official
1265	analysis conforms with the provisions of this part chapter, the
1266	official check sample may be destroyed. If the official analysis
1267	does not conform with the provisions of this part chapter, the
1268	rules adopted under this part chapter, and the provisions of the
1269	pesticide label or labeling, the official check sample shall be
1270	retained for a period of 90 days from the date of the
1271	certificate of analysis of the official sample. If within that
1272	time the registrant of the pesticide from whom the official
1273	sample was taken makes demand for analysis by a referee chemist,
1274	a portion of the official check sample sufficient for analysis
1275	shall be sent to a referee chemist who is mutually acceptable to
1276	the department and the registrant for analysis at the expense of
1277	the registrant. Upon completion of the analysis, the referee
1278	chemist shall forward to the department and to the registrant a
1279	certificate of analysis bearing a proper identification mark or
1280	number; and such certificate of analysis shall be verified by an
1281	affidavit of the person or laboratory making the analysis. If
1282	the certificate of analysis checks within 3 percent of the
1283	department's analysis on each active ingredient for which
1284	analysis was made, the mean average of the two analyses shall be
1285	accepted as final and binding on all concerned. However, if the
1286	referee's certificate of analysis shows a variation of greater
1287	than 3 percent from the department's analysis in any one or more
1288	of the active ingredients for which an analysis was made, upon
1289	demand of either the department or the registrant from whom the
1290	official sample was taken, a portion of the official check
1291	sample sufficient for analysis shall be submitted to a second
1292	referee chemist who is mutually acceptable to the department and
1293	the registrant, at the expense of the party or parties
1294	requesting the referee analysis. Upon completion of the
1295	analysis, the second referee chemist shall make a certificate
1296	and report as provided in this subsection for the first referee
1297	chemist. The mean average of the two analyses nearest in
1298	conformity shall be accepted as final and binding on all
1299	concerned. If no demand is made for an analysis by a second
1300	referee chemist, the department's certificate of analysis shall
1301	be accepted as final and binding on all concerned.
1302	(4)  If a pesticide or device fails to comply with the
1303	provisions of this part chapter with reference to the ingredient
1304	statement reflecting the composition of the product, as required
1305	on the registration and labeling, and the department
1306	contemplates possible criminal proceedings against the person
1307	responsible because of this violation, the department shall,
1308	after due notice, accord the person an informal hearing or an
1309	opportunity to present evidence and opinions, either orally or
1310	in writing, with regard to such contemplated proceedings. If in
1311	the opinion of the department the facts warrant, the department
1312	may refer the facts to the state attorney for the county in
1313	which the violation occurred, with a copy of the results of the
1314	analysis or the examination of such article; provided that
1315	nothing in this part chapter shall be construed as requiring the
1316	department to report for prosecution minor violations whenever
1317	it believes that the public interest will be subserved by a
1318	suitable notice of warning in writing.
1319	(5)  It shall be the duty of each state attorney to whom
1320	any such violation is reported to cause appropriate proceedings
1321	to be instituted and prosecuted in a court of competent
1322	jurisdiction without delay.
1323	(6)  The department shall, by publication in such manner as
1324	it may prescribe, give notice of all judgments entered in
1325	actions instituted under the authority of this part chapter.
1326	(7)(a)  The department may analyze pesticide samples upon
1327	request in a manner consistent with this part chapter.
1328	(b)  The department shall establish by rule a fee schedule
1329	for pesticide samples analyzed upon request. The fees shall be
1330	sufficient to cover the costs to the department for taking the
1331	samples and performing the analysis. However, no fee shall
1332	exceed $400 per test.
1333	(c)  The department shall keep separate records with
1334	respect to requested pesticide analyses, including the pesticide
1335	analyzed, tests performed, fees collected, the name and address
1336	of the person who requested the analysis, and the name and
1337	address of the registrant.
1338	(d)  All fees collected pursuant to this subsection shall
1339	be deposited into the General Inspection Trust Fund and shall be
1340	used by the department to implement this subsection.
1341	(e)  In addition to any other penalty provided by this part
1342	chapter, the registrant of any pesticide found to be
1343	adulterated, misbranded, or otherwise deficient shall reimburse
1344	the person requesting the pesticide analysis under this
1345	subsection for all fees assessed by and paid to the department.
1346	Section 35.  Subsections (2), (3), and (4) of section
1347	487.081, Florida Statutes, are amended to read:
1348	487.081  Exemptions.--
1349	(2)  No article shall be deemed in violation of this part
1350	chapter when intended solely for export to a foreign country and
1351	when prepared or packed according to the specifications or
1352	directions of the purchaser.
1353	(3)  Notwithstanding any other provision of this part
1354	chapter, registration required under this part chapter is not
1355	required in the case of a pesticide stored or shipped from one
1356	manufacturing plant within this state to another manufacturing
1357	plant within this state operated by the same person.
1358	(4)  Nothing in this part chapter shall be construed to
1359	apply to persons duly licensed or certified under chapter 388 or
1360	chapter 482 performing any pest control or other operation for
1361	which they are licensed or certified under those chapters.
1362	Section 36.  Subsection (2) of section 487.091, Florida
1363	Statutes, is amended to read:
1364	487.091  Tolerances, deficiencies, and penalties.--
1365	(2)  If a pesticide is found by analysis to be deficient in
1366	an active ingredient beyond the tolerance as provided in this
1367	part chapter, the registrant is subject to a penalty for the
1368	deficiency, not to exceed $10,000 per violation. However, no
1369	penalty shall be assessed when the official sample was taken
1370	from a pesticide that was in the possession of a consumer for
1371	more than 45 days from the date of purchase by that consumer, or
1372	when the product label specifies that the product should be used
1373	by an expiration date that has passed. Procedures for assessing
1374	penalties shall be established by rule, based on the degree of
1375	the deficiency. Penalties assessed shall be paid to the consumer
1376	or, in the absence of a known consumer, the department. If the
1377	penalty is not paid within the prescribed period of time as
1378	established by rule, the department may deny, suspend, or revoke
1379	the registration of any pesticide.
1380	Section 37.  Section 487.101, Florida Statutes, is amended
1381	to read:
1382	487.101  Stop-sale, stop-use, removal, or hold orders.--
1383	(1)  When a pesticide or device is being offered or exposed
1384	for sale, used, or held in violation of any of the provisions of
1385	this part chapter, the department may issue and enforce a stop-
1386	sale, stop-use, removal, or hold order, in writing, to the owner
1387	or custodian of the pesticide or device, ordering that the
1388	pesticide or device be held at a designated place until the part
1389	chapter has been complied with and the pesticide or device is
1390	released, in writing, by the department or the violation has
1391	been disposed of by court order.
1392	(2)  The written notice is warning to all persons,
1393	including, but not limited to, the owner or custodian of the
1394	pesticide or the owner's or custodian's agents or employees, to
1395	scrupulously refrain from moving, bothering, altering, or
1396	interfering with the pesticide or device or from altering,
1397	defacing, or in any way interfering with the written notice or
1398	permitting the same to be done. The willful violation of these
1399	provisions is a misdemeanor, subjecting the violator to the
1400	penalty provisions of this part chapter.
1401	(3)  The department shall release the pesticide or device
1402	under a stop-sale, stop-use, removal, or hold order when the
1403	owner or custodian complies with the provisions of this part
1404	chapter.
1405	(4)  The owner or custodian, with authorization and
1406	supervision of the department, may relabel the pesticide or
1407	device so that the label will conform to the product, or
1408	transfer and return the product to the manufacturer or supplier
1409	for the purpose of bringing the product in compliance with the
1410	provisions of this part chapter.
1411	Section 38.  Subsection (1) of section 487.111, Florida
1412	Statutes, is amended to read:
1413	487.111  Seizure, condemnation, and sale.--
1414	(1)  Any lot of pesticide or device not in compliance with
1415	the provisions of this part chapter is subject to seizure on
1416	complaint of the department to the circuit court in the county
1417	in which the pesticide or device is located. In the event the
1418	court finds the pesticide or device in violation of this part
1419	chapter and orders it condemned, it shall be disposed of as the
1420	court may direct; provided that in no instance shall the
1421	disposition of the pesticide or device be ordered by the court
1422	without first giving the owner or custodian an opportunity to
1423	apply to the court for release of the pesticide or device or for
1424	permission to process or relabel it to bring it into compliance
1425	with this part chapter.
1426	Section 39.  Section 487.13, Florida Statutes, is amended
1427	to read:
1428	487.13  Cooperation.--The department is authorized and
1429	empowered to cooperate with and enter into agreements with any
1430	other agency of this state, the United States Department of
1431	Agriculture, the United States Environmental Protection Agency,
1432	and any other state or federal agency for the purpose of
1433	carrying out the provisions of this part chapter and securing
1434	uniformity of regulations.
1435	Section 40.  Section 487.156, Florida Statutes, is amended
1436	to read:
1437	487.156  Governmental agencies.--All governmental agencies
1438	shall be subject to the provisions of this part chapter and
1439	rules adopted under this part chapter. Public applicators using
1440	or supervising the use of restricted-use pesticides shall be
1441	subject to examination as provided in s. 487.044.
1442	Section 41.  Subsection (1) of section 487.159, Florida
1443	Statutes, is amended to read:
1444	487.159  Damage or injury to property, animal, or person;
1445	mandatory report of damage or injury; time for filing; failure
1446	to file.--
1447	(1)  The person claiming damage or injury to property,
1448	animal, or human beings from application of a pesticide shall
1449	file with the department a written statement claiming damages,
1450	on a form prescribed by the department, within 48 hours after
1451	the damage or injury becomes apparent. The statement shall
1452	contain, but shall not be limited to, the name of the person
1453	responsible for the application of the pesticide, the name of
1454	the owner or lessee of the land on which the crop is grown and
1455	for which the damages are claimed, and the date on which it is
1456	alleged that the damages occurred. The department shall
1457	investigate the alleged damages and notify all concerned parties
1458	of its findings. If the findings reveal a violation of the
1459	provisions of this part chapter, the department shall determine
1460	an appropriate penalty, as provided in this part chapter. The
1461	filing of a statement or the failure to file such a statement
1462	need not be alleged in any complaint which might be filed in a
1463	court of law, and the failure to file the statement shall not be
1464	considered any bar to the maintenance of any criminal or civil
1465	action.
1466	Section 42.  Section 487.161, Florida Statutes, is amended
1467	to read:
1468	487.161  Exemptions, nonagricultural pest control and
1469	research.--
1470	(1)  Any person duly licensed or certified under chapter
1471	482, or under the supervision of chapter 388, is exempted from
1472	the licensing provisions of this part chapter.
1473	(2)  The use of the antibiotic oxytetracycline
1474	hydrochloride for the purpose of controlling lethal yellowing is
1475	exempted from the licensing provisions of this part chapter.
1476	(3)  The personnel of governmental, university, or
1477	industrial research agencies are exempted from the provisions of
1478	this part chapter when doing applied research within a
1479	laboratory, but shall comply with all the provisions of this
1480	part chapter when applying restricted-use pesticides to
1481	experimental or demonstration plots.
1482	Section 43.  Section 487.163, Florida Statutes, is amended
1483	to read:
1484	487.163  Information; interagency cooperation.--
1485	(1)  The department may, in cooperation with the University
1486	of Florida or other agencies of government, publish information
1487	and conduct short courses of instruction in the safe use and
1488	application of pesticides for the purpose of carrying out the
1489	provisions of this part chapter.
1490	(2)  The department may cooperate or enter into formal
1491	agreements with any other agency or educational institution of
1492	this state or its subdivisions or with any agency of any other
1493	state or of the Federal Government for the purpose of carrying
1494	out the provisions of this part chapter and of securing
1495	uniformity of regulations.
1496	Section 44.  Subsections (1), (2), and (3) of section
1497	487.171, Florida Statutes, are amended to read:
1498	487.171  Classification of antifouling paint containing
1499	organotin compounds as restricted-use pesticides; prohibition of
1500	distribution and sale.--
1501	(1)  The department shall classify antifouling paints
1502	containing organotin compounds having an acceptable release rate
1503	as restricted-use pesticides subject to the requirements of this
1504	part chapter. Antifouling paints containing organotin having
1505	acceptable release rates and sold in spray cans of 16 ounces
1506	avoirdupois weight or less for outboard motor or lower unit use
1507	are exempt from the restricted-use pesticide classification
1508	requirement.
1509	(2)  The department shall initiate action under chapter
1510	120, to deny or cancel the registration of antifouling paints
1511	containing organotin compounds which do not have an acceptable
1512	release rate or do not meet other criteria established by the
1513	department in accordance with this part chapter.
1514	(3)  Distribution, sale, and use of antifouling paints
1515	containing organotin compounds with acceptable release rates
1516	shall be limited to dealers and applicators licensed by the
1517	department in accordance with this part chapter, to distribute,
1518	sell, or use restricted-use pesticides. Such paint may be
1519	applied only by licensed applicators and may be applied only to
1520	vessels which exceed 25 meters in length or which have aluminum
1521	hulls.
1522	Section 45.  Section 487.175, Florida Statutes, is amended
1523	to read:
1524	487.175  Penalties; administrative fine; injunction.--
1525	(1)  In addition to any other penalty provided in this part
1526	chapter, when the department finds any person, applicant, or
1527	licensee has violated any provision of this part chapter or rule
1528	adopted under this part chapter, it may enter an order imposing
1529	any one or more of the following penalties:
1530	(a)  Denial of an application for licensure.
1531	(b)  Revocation or suspension of a license.
1532	(c)  Issuance of a warning letter.
1533	(d)  Placement of the licensee on probation for a specified
1534	period of time and subject to conditions the department may
1535	specify by rule, including requiring the licensee to attend
1536	continuing education courses, to demonstrate competency through
1537	a written or practical examination, or to work under the direct
1538	supervision of another licensee.
1539	(e)  Imposition of an administrative fine not to exceed
1540	$10,000 for each violation. When imposing any fine under this
1541	paragraph, the department shall consider the degree and extent
1542	of harm caused by the violation, the cost of rectifying the
1543	damage, the amount of money the violator benefited from by
1544	noncompliance, whether the violation was committed willfully,
1545	and the compliance record of the violator.
1546	(2)  Any person who violates any provision of this part
1547	chapter or rules adopted pursuant thereto commits a misdemeanor
1548	of the second degree and upon conviction is punishable as
1549	provided in s. ss. 775.082 or s. and 775.083. For a subsequent
1550	violation, such person commits a misdemeanor of the first degree
1551	and upon conviction is punishable as provided in s. ss. 775.082
1552	or s. and 775.083.
1553	(3)  In addition to the remedies provided in this part
1554	chapter and notwithstanding the existence of any adequate remedy
1555	at law, the department may bring an action to enjoin the
1556	violation or threatened violation of any provision of this part
1557	chapter, or rule adopted under this part chapter, in the circuit
1558	court of the county in which the violation occurred or is about
1559	to occur. Upon the department's presentation of competent and
1560	substantial evidence to the court of the violation or threatened
1561	violation, the court shall immediately issue the temporary or
1562	permanent injunction sought by the department. The injunction
1563	shall be issued without bond. A single act in violation of any
1564	provision of this part chapter shall be sufficient to authorize
1565	the issuance of an injunction.
1566	Section 46.  Subsection (1) of section 482.242, Florida
1567	Statutes, is amended to read:
1568	482.242  Preemption.--
1569	(1)  This chapter is intended as comprehensive and
1570	exclusive regulation of pest control in this state. The
1571	provisions of this chapter preempt to the state all regulation
1572	of the activities and operations of pest control services,
1573	including the pesticides used pursuant to labeling and
1574	registration approved under part I of chapter 487. No local
1575	government or political subdivision of the state may enact or
1576	enforce an ordinance that regulates pest control, except that
1577	the preemption in this section does not prohibit a local
1578	government or political subdivision from enacting an ordinance
1579	regarding any of the following:
1580	(a)  Local occupational licenses adopted pursuant to
1581	chapter 205.
1582	(b)  Land development regulations adopted pursuant to
1583	chapter 163 which include regulation of any aspect of
1584	development, including a subdivision, building construction,
1585	sign regulation or any other regulation concerning the
1586	development of land, or landscaping or tree protection
1587	ordinances which do not include pesticide application
1588	restrictions.
1589	(c)  Regulations that:
1590	1.  Require, for multicomplex dwellings in excess of 10
1591	units, annual termite inspections for termite activity or
1592	damage, including Formosan termites, which must be performed by
1593	a person licensed under this chapter.
1594	2.  Require pest control treatments of structures that have
1595	termite activity or damage which must be performed by a person
1596	licensed under this chapter.
1597	3.  Require property owners or other persons to obtain
1598	inspections or pest control treatments performed by a person
1599	licensed under this chapter.
1600
1601	An ordinance by a local government or political subdivision
1602	which requires an annual inspection or pest control treatment
1603	must conform to current law.
1604	(d)  Protection of wellhead protection areas and high
1605	recharge areas.
1606	(e)  Hazardous materials reporting as set forth in part II
1607	of chapter 252, storage, and containment including as relating
1608	to stormwater management.
1609	(f)  Hazardous material unlawful discharge and disposal.
1610	(g)  Hazardous materials remediation.
1611	Section 47.  Section 487.2011, Florida Statutes, is created
1612	to read:
1613	487.2011  Popular name; administration.--This part may be
1614	known by the popular name the "Florida Agricultural Worker
1615	Safety Act" and shall be administered by the Department of
1616	Agriculture and Consumer Services.
1617	Section 48.  Section 487.2021, Florida Statutes, is created
1618	to read:
1619	487.2021  Legislative intent.--It is the intent of the
1620	Legislature to ensure that agricultural workers employed in the
1621	state receive protection from agricultural pesticides. The
1622	Legislature intends to ensure that agricultural workers be given
1623	information concerning agricultural pesticides.
1624	Section 49.  Section 487.2031, Florida Statutes, is created
1625	to read:
1626	487.2031  Definitions.--For the purposes of this part, the
1627	term:
1628	(1)  "Agricultural employer" means any person who hires or
1629	contracts for the services of workers to perform activities
1630	related to the production of agricultural plants or any person
1631	who is an owner of, or responsible for, the management or
1632	condition of an agricultural establishment that uses such
1633	workers.
1634	(2)  "Agricultural establishment" means any farm, forest,
1635	nursery, or greenhouse.
1636	(3)  "Agricultural plant" means any plant grown or
1637	maintained for commercial or research purposes and includes, but
1638	is not limited to, food, feed, fiber plants, trees, turfgrass,
1639	flowers, shrubs, ornamentals, and seedlings.
1640	(4)  "Department" means the Department of Agriculture and
1641	Consumer Services.
1642	(5)  "Designated representative" means any organization or
1643	person to whom a worker gives written authorization to exercise
1644	the right to request the agricultural pesticide information
1645	pursuant to this part.
1646	(6)  "Fact sheet" means an agricultural pesticide fact
1647	sheet approved by the state or federal government that provides
1648	information about the impacts of the use of an agricultural
1649	pesticide.
1650	(7)  "Material safety data sheet" means written or printed
1651	material concerning an agricultural pesticide that sets forth
1652	the following information:
1653	(a)  The chemical name and the common name of the
1654	agricultural pesticide.
1655	(b)  The hazards or other risks in the use of the
1656	agricultural pesticide, including:
1657	1.  The potential for fire, explosions, corrosivity, and
1658	reactivity.
1659	2.  The known acute health effects and chronic health
1660	effects of exposure to the agricultural pesticide, including
1661	those medical conditions that are generally recognized as being
1662	aggravated by exposure to the agricultural pesticide.
1663	3.  The primary routes of entry and symptoms of
1664	overexposure.
1665	(c)  The proper handling practices, necessary personal
1666	protective equipment, and other proper or necessary safety
1667	precautions in circumstances that involve the use of or exposure
1668	to the agricultural pesticide, including appropriate emergency
1669	treatment in case of overexposure.
1670	(d)  The emergency procedures for spills, fire, disposal,
1671	and first aid.
1672	(e)  A description of the known specific potential health
1673	risks posed by the agricultural pesticide, which is written in
1674	lay terms and is intended to alert any person who reads the
1675	information.
1676	(f)  The year and month, if available, that the information
1677	was compiled and the name, address, and emergency telephone
1678	number of the manufacturer responsible for preparing the
1679	information.
1680	(8)  "Retaliatory action" means an action, such as
1681	dismissal, demotion, harassment, blacklisting with other
1682	employers, reducing pay or work hours, or taking away company
1683	housing, that is taken by any agricultural employer against a
1684	worker who exercises any right under the provisions of the
1685	United States Environmental Protection Agency Worker Protection
1686	Standard, 40 C.F.R. s. 1707(b), or this part.
1687	(9)  "Trainer" means any person who is qualified to train
1688	workers under the pesticide safety training requirements of the
1689	United States Environmental Protection Agency Worker Protection
1690	Standard, 40 C.F.R. s. 170.130.
1691	(10)  "Worker" means any person, including a farmworker or
1692	a self-employed person, who receives any type of compensation
1693	for employment that involves tasks relating to the production of
1694	agricultural plants on an agricultural establishment. The term
1695	"worker" does not include any person employed by a commercial
1696	pesticide handling establishment to perform tasks as a crop
1697	advisor.
1698	Section 50.  Section 487.2041, Florida Statutes, is created
1699	to read:
1700	487.2041  Enforcement of federal worker protection
1701	regulations.--The department shall, to the extent that resources
1702	are available, continue to operate under the United States
1703	Environmental Protection Agency regulations regarding the
1704	Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
1705	156, and the Worker Protection Standard, 40 C.F.R. part 170,
1706	which the department adopted by rule during the 1995-1996 fiscal
1707	year and published in the Florida Administrative Code. Any
1708	provision of this part not preempted by federal law shall
1709	continue to apply.
1710	Section 51.  Section 487.2051, Florida Statutes, is created
1711	to read:
1712	487.2051  Availability of agricultural pesticide
1713	information to workers and medical personnel.--
1714	(1)  An agricultural employer shall make available
1715	agricultural pesticide information concerning any agricultural
1716	pesticide to any worker:
1717	(a)  Who enters an agricultural-pesticide-treated area on
1718	an agricultural establishment where:
1719	1.  An agricultural pesticide has been applied within 30
1720	days of that entry; or
1721	2.  A restricted-entry interval has been in effect; or
1722	(b)  Who may be exposed to the agricultural pesticide
1723	during normal conditions of use or in a foreseeable emergency.
1724	(2)  The agricultural pesticide information provided
1725	pursuant to subsection (1) must be in the form of a fact sheet
1726	or a material safety data sheet. The agricultural employer shall
1727	provide a written copy of the information provided pursuant to
1728	subsection (1) within 2 working days after a request for the
1729	information by a worker or a designated representative. In the
1730	case of a pesticide-related medical emergency, the agricultural
1731	employer shall provide a written copy of the information
1732	promptly upon the request of the worker, the designated
1733	representative, or medical personnel treating the worker.
1734	(3)  Upon the initial purchase of a product and with the
1735	first purchase after the material safety data sheet is updated,
1736	the distributor, manufacturer, or importer of agricultural
1737	pesticides shall obtain or develop and provide each direct
1738	purchaser of an agricultural pesticide with a material safety
1739	data sheet. If the material safety data sheet or fact sheet for
1740	the agricultural pesticide is not available when the
1741	agricultural pesticide is purchased, the agricultural employer
1742	shall take appropriate and timely steps to obtain the material
1743	safety data sheet or fact sheet from the distributor, the
1744	manufacturer, the department, a federal agency, or another
1745	distribution source.
1746	(4)  The department shall produce and make available to a
1747	trainer a one-page general agricultural pesticide safety sheet.
1748	The safety sheet must be in a language understandable to the
1749	worker and must include, but need not be limited to, illustrated
1750	instructions on preventing agricultural pesticide exposure and
1751	toll-free telephone numbers to the Florida Poison Control
1752	Centers. The trainer shall provide the safety sheet to the
1753	worker pursuant to the United States Environmental Protection
1754	Agency Worker Protection Standard, 40 C.F.R. s. 170.130.
1755	Section 52.  Section 487.2061, Florida Statutes, is created
1756	to read:
1757	487.2061  Prohibited acts.--Any person covered by this part
1758	may not:
1759	(1)  Fail to provide agricultural pesticide information as
1760	required in this part; or
1761	(2)  Take retaliatory action.
1762	Section 53.  Section 487.2071, Florida Statutes, is created
1763	to read:
1764	487.2071  Penalties against violators; worker relief;
1765	monitoring complaints of retaliation.--
1766	(1)  Penalties set forth in this part shall be applied to
1767	any person who violates this part. A persons who violates this
1768	part is subject to federal penalties as provided in the United
1769	States Environmental Protection Agency Worker Protection
1770	Standard, 40 C.F.R. s. 170.9(b).
1771	(2)  A worker who has been subject to retaliatory action
1772	and seeks relief under this section may file a complaint with
1773	the department.
1774	(3)  In any action brought pursuant to this section that
1775	involves retaliatory action, if the retaliatory action is
1776	predicated on the disclosure by a worker of an illegal action,
1777	policy, or practice of any person covered by this part to an
1778	appropriate governmental agency, the worker may not be required
1779	to show that the disclosure was under oath or in writing or that
1780	the worker notified the employer in writing of the illegal
1781	action, policy, or practice.
1782	(4)  The department shall monitor all complaints of
1783	retaliation that it receives and report its findings to the
1784	President of the Senate and the Speaker of the House of
1785	Representatives on or before October 1, 2008. The report shall
1786	include the number of such complaints received, the
1787	circumstances surrounding the complaints, and the actions taken
1788	concerning the complaints.
1789	Section 54.  Paragraph (x) of subsection (1) of section
1790	500.03, Florida Statutes, is amended to read:
1791	500.03  Definitions; construction; applicability.--
1792	(1)  For the purpose of this chapter, the term:
1793	(x)  "Pesticide chemical" means any substance which, alone,
1794	in chemical combination, or in formulation with one or more
1795	other substances is a "pesticide" within the meaning of the
1796	Florida Pesticide Law, part I of chapter 487, and which is used
1797	in the production, storage, or transportation of raw
1798	agricultural commodities.
1799	Section 55.  Subsections (1) and (6) of section 570.44,
1800	Florida Statutes, are amended to read:
1801	570.44  Division of Agricultural Environmental Services;
1802	powers and duties.--The duties of the Division of Agricultural
1803	Environmental Services include, but are not limited to:
1804	(1)  Inspecting and drawing samples of: commercial feeds
1805	offered for sale in this state and enforcing those provisions of
1806	chapter 580 authorized by the department; seeds offered for sale
1807	in this state and enforcing those provisions of chapter 578
1808	authorized by the department; certified seed grown in this
1809	state; fertilizers offered for sale in this state and enforcing
1810	those provisions of chapter 576 authorized by the department;
1811	and pesticides offered for sale in this state, and soil and
1812	water in this state for the presence of pesticides, and
1813	enforcing those provisions of part I of chapter 487 authorized
1814	by the department.
1815	(6)  Analyzing samples of pesticide formulations offered
1816	for sale in this state and tank mix, soil, water, and other
1817	environmental samples related to pesticide use investigations,
1818	as required under part I of chapter 487.
1819	Section 56.  Subsection (7) of section 440.16, Florida
1820	Statutes, is amended to read:
1821	440.16  Compensation for death.--
1822	(7)  Compensation under this chapter to aliens not
1823	residents (or about to become nonresidents) of the United States
1824	or Canada shall be the same in amount as provided for residents,
1825	except that dependents in any foreign country shall be limited
1826	to surviving spouse and child or children, or if there be no
1827	surviving spouse or child or children, to surviving father or
1828	mother whom the employee has supported, either wholly or in
1829	part, for the period of 1 year prior to the date of the injury,
1830	and except that the judge of compensation claims may, at the
1831	option of the judge of compensation claims, or upon the
1832	application of the insurance carrier, commute all future
1833	installments of compensation to be paid to such aliens by paying
1834	or causing to be paid to them one-half of the commuted amount of
1835	such future installments of compensation as determined by the
1836	judge of compensation claims, and provided further that
1837	compensation to dependents referred to in this subsection shall
1838	in no case exceed $75,000.
1839	Section 57.  The Division of Statutory Revision is
1840	requested to designate sections 487.011-487.175, Florida
1841	Statutes, as part I of chapter 487, entitled the "Florida
1842	Pesticide Law," and sections 487.2011-487.2071, Florida
1843	Statutes, as created by this act, as part II of that chapter,
1844	entitled the "Florida Agricultural Worker Safety Act."
1845	Section 58.  There is hereby appropriated to the Department
1846	of Agriculture and Consumer Services the sum of $900,000 for the
1847	purpose of funding the Future Farmers of America Leadership
1848	Training Institute in Polk County.
1849	Section 59.  This act shall take effect July 1, 2004.

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