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
105	appropriations and authorizing positions; providing an
106	effective date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  This act may be known by the popular name the
111	"Alfredo Bahena Act."
112	Section 2.  Subsection (8) of section 381.008, Florida
113	Statutes, is amended to read:
114	381.008  Definitions of terms used in ss. 381.008-
115	381.00897.--As used in ss. 381.008-381.00897, the following
116	words and phrases mean:
117	(8)  "Residential migrant housing"--A building, structure,
118	mobile home, barracks, or dormitory, and any combination thereof
119	on adjacent property which is under the same ownership,
120	management, or control, and the land appertaining thereto, that
121	is rented or reserved for occupancy by five or more seasonal or
122	migrant farmworkers, except:
123	(a)  Housing furnished as an incident of employment.
124	(b)  A single-family residence or mobile home dwelling unit
125	that is occupied only by a single family and that is not under
126	the same ownership, management, or control as other farmworker
127	housing to which it is adjacent or contiguous.
128	(c)  A hotel, motel, or resort condominium, as defined in
129	chapter 509, that is furnished for transient occupancy.
130	(d)  Any housing owned or operated by a public housing
131	authority except for housing which is specifically provided for
132	persons whose principal income is derived from agriculture.
133	Section 3.  Subsections (1) and (2) of section 381.0086,
134	Florida Statutes, are amended, and subsection (6) is added to
135	said section, to read:
136	381.0086  Rules; variances; penalties.--
137	(1)  The department shall adopt rules necessary to protect
138	the health and safety of migrant farmworkers farm workers and
139	other migrant labor camp or residential migrant housing
140	occupants, including rules governing field sanitation
141	facilities. These rules must include definitions of terms,
142	provisions relating to plan review of the construction of new,
143	expanded, or remodeled camps or residential migrant housing,
144	sites, buildings and structures, personal hygiene facilities,
145	lighting, sewage disposal, safety, minimum living space per
146	occupant, bedding, food equipment, food storage and preparation,
147	insect and rodent control, garbage, heating equipment, water
148	supply, maintenance and operation of the camp, housing, or
149	roads, and such other matters as the department finds to be
150	appropriate or necessary to protect the life and health of the
151	occupants. Housing operated by a public housing authority is
152	exempt from the provisions of any administrative rule that
153	conflicts with or is more stringent than the federal standards
154	applicable to the housing.
155	(2)  Except when prohibited as specified in subsection (6),
156	an owner or operator may apply for a permanent structural
157	variance from the department's rules by filing a written
158	application and paying a fee set by the department, not to
159	exceed $100. This application must:
160	(a)  Clearly specify the standard from which the variance
161	is desired.;
162	(b)  Provide adequate justification that the variance is
163	necessary to obtain a beneficial use of an existing facility and
164	to prevent a practical difficulty or unnecessary hardship.; and
165	(c)  Clearly set forth the specific alternative measures
166	that the owner or operator has taken to protect the health and
167	safety of occupants and adequately show that the alternative
168	measures have achieved the same result as the standard from
169	which the variance is sought.
170	(6)  For the purposes of filing an interstate clearance
171	order with the Agency for Workforce Innovation, if the housing
172	is covered by 20 C.F.R. part 654, subpart E, no permanent
173	structural variance referred to in subsection (2) is allowed.
174	Section 4.  Subsections (1) and (6) of section 381.0087,
175	Florida Statutes, are amended, and subsection (9) is added to
176	said section, to read:
177	381.0087  Enforcement; citations.--
178	(1)  Department personnel or crew chief compliance officers
179	employed by the Bureau of Compliance of the Florida Department
180	of Labor and Employment Security may issue citations that
181	contain an order of correction or an order to pay a fine, or
182	both, for violations of ss. 381.008-381.00895 or the field
183	sanitation facility rules adopted by the department when a
184	violation of those sections or rules is enforceable by an
185	administrative or civil remedy, or when a violation of those
186	sections or rules is a misdemeanor of the second degree. A
187	citation issued under this section constitutes a notice of
188	proposed agency action. The recipient of a citation for a major
189	deficiency, as defined by rule of the department, will be given
190	a maximum of 48 hours to make satisfactory correction or
191	demonstrate that provisions for correction are satisfactory.
192	(6)  Any person who willfully refuses to sign and accept a
193	citation issued by the department commits or the Department of
194	Labor and Employment Security is guilty of a misdemeanor of the
195	second degree, punishable as provided in s. 775.082 or s.
196	775.083.
197	(9)  When the department suspects that a law has been
198	violated, it shall notify the entity that enforces the law.
199	Section 5.  Subsection (1) of section 403.088, Florida
200	Statutes, is amended to read:
201	403.088  Water pollution operation permits; conditions.--
202	(1)  No person, without written authorization of the
203	department, shall discharge into waters within the state any
204	waste which, by itself or in combination with the wastes of
205	other sources, reduces the quality of the receiving waters below
206	the classification established for them. However, this section
207	shall not be deemed to prohibit the application of pesticides to
208	waters in the state for the control of insects, aquatic weeds,
209	or algae, provided the application is performed pursuant to a
210	program approved by the Department of Health, in the case of
211	insect control, or the department, in the case of aquatic weed
212	or algae control. The department is directed to enter into
213	interagency agreements to establish the procedures for program
214	approval. Such agreements shall provide for public health,
215	welfare, and safety, as well as environmental factors. Approved
216	programs must provide that only chemicals approved for the
217	particular use by the United States Environmental Protection
218	Agency or by the Department of Agriculture and Consumer Services
219	may be employed and that they be applied in accordance with
220	registered label instructions, state standards for such
221	application, and the provisions of the Florida Pesticide Law,
222	part I of chapter 487.
223	Section 6.  Subsection (1) of section 450.191, Florida
224	Statutes, is amended to read:
225	450.191  Executive Office of the Governor; powers and
226	duties.--
227	(1)  The Executive Office of the Governor is authorized and
228	directed to:
229	(a)  Advise and consult with employers of migrant and
230	seasonal workers and their employers as to the ways and means of
231	improving living and working conditions of migrant and seasonal
232	workers.;
233	(b)  Cooperate with the Department of Health in
234	establishing minimum standards of preventive and curative health
235	and of housing and sanitation in migrant labor camps and in
236	making surveys to determine the adequacy of preventive and
237	curative health services available to occupants of migrant labor
238	camps.;
239	(c)  Provide coordination for the enforcement of ss.
240	381.008-381.0088 and ss. 450.27-450.38.;
241	(d)  Cooperate with the Department of Business and
242	Professional Regulation other departments of government in
243	coordinating and enforcing all applicable labor laws, including,
244	but not limited to, those relating to private employment
245	agencies, child labor, wage payments, wage claims, and farm
246	labor contractors. crew leaders;
247	(e)  Cooperate with the Department of Education to provide
248	educational facilities for the children of migrant laborers.;
249	(f)  Cooperate with the Department of Highway Safety and
250	Motor Vehicles to establish minimum standards for the
251	transporting of migrant laborers.;
252	(g)  Cooperate with the Department of Agriculture and
253	Consumer Services to conduct an education program for employers
254	of migrant laborers pertaining to the standards, methods, and
255	objectives of the office.;
256	(h)  Cooperate with the Department of Children and Family
257	Services in coordinating all public assistance programs as they
258	may apply to migrant laborers.;
259	(i)  Coordinate all federal, state, and local programs
260	pertaining to migrant laborers.;
261	(j)  Cooperate with the Agency for Workforce Innovation
262	farm labor office of the Department of Business and Professional
263	Regulation in the recruitment and referral of migrant laborers
264	and other persons for the planting, cultivation, and harvesting
265	of agricultural crops in Florida.
266	(2)  The office shall arrange, through the Department of
267	Health, for the provision of the supplementary services set
268	forth in paragraph (1)(b) to the extent of available
269	appropriations. Such services may be provided through the use of
270	one or more traveling dispensaries, or by contract with
271	physicians, dentists, hospitals, or clinics, or in such manner
272	as may be recommended by the Department of Health.
273	Section 7.  Section 450.201, Florida Statutes, is amended
274	to read:
275	450.201  Legislative Commission on Migrant and Seasonal
276	Labor; membership; filling vacancies.--
277	(1)  There is created a permanent joint committee of the
278	Florida Legislature to be known as the Legislative Commission on
279	Migrant and Seasonal Labor, to be composed of three members of
280	the Senate, appointed by the President of the Senate, and three
281	members of the House of Representatives, appointed by the
282	Speaker of the House. One member from each house shall be a
283	member of the minority party. Any vacancy in the commission
284	shall be filled by the respective presiding officer from the
285	membership of the legislative body from which the vacancy
286	occurred. However, a member who ceases to be a member of the
287	legislative body from which appointed shall continue to be a
288	member of the commission until the next succeeding regular
289	session of the Legislature, at which the commission shall render
290	its report to the Legislature.
291	(2)  Appointments shall be made no later than March 1,
292	2005.
293	(3)  The first meeting of the commission shall be no later
294	than July 1, 2005.
295	Section 8.  Section 450.231, Florida Statutes, is amended
296	to read:
297	450.231  Annual reports to Legislature.--The commission
298	shall report its findings, recommendations, and proposed
299	legislation to each regular session of the Legislature no later
300	than February 1 of each year beginning in 2006.
301	Section 9.  Section 450.27, Florida Statutes, is amended to
302	read:
303	450.27  Short title.--This part shall be known by the
304	popular name may be cited as the "Farm Labor Contractor
305	Registration Law."
306	Section 10.  Section 450.271, Florida Statutes, is amended
307	to read:
308	450.271  State administration of the Migrant and Seasonal
309	Agricultural Worker Protection Act.--The Department of Business
310	and Professional Regulation Labor and Employment Security may
311	enter into agreements with the Secretary of Labor of the United
312	States to authorize the department to administer within the
313	State of Florida the provisions of the Migrant and Seasonal
314	Agricultural Worker Protection Act of 1983, as amended.
315	Section 11.  Subsections (5) and (6) are added to section
316	450.28, Florida Statutes, to read:
317	450.28  Definitions.--
318	(5)  "Minor violation" means a violation of a specific
319	state or federal law or rule that does not result in economic or
320	physical harm to any person recruited, transported, supplied, or
321	hired by a farm labor contractor or create a significant threat
322	of such harm.
323	(6)  "Major violation" means a violation of a specific
324	state or federal law or rule that results in economic or
325	physical harm to any person recruited, transported, supplied, or
326	hired by a farm labor contractor or creates a significant threat
327	of such harm.
328	Section 12.  Subsections (6) and (7) of section 450.30,
329	Florida Statutes, are amended to read:
330	450.30  Requirement of certificate of registration;
331	education and examination program.--
332	(6)  The department shall require an applicant for renewal
333	of a certificate of registration to retake the examination only
334	if:
335	(a)  During the prior certification period, the department
336	issued a final order assessing a civil monetary penalty for a
337	major violation of this part or revoked or refused to renew or
338	issue a certificate of registration; or
339	(b)  The department determines that new requirements
340	related to the duties and responsibilities of a farm labor
341	contractor necessitate a new examination.
342	(7)  The department shall charge each applicant a $35 fee
343	for the education and examination program. Such fees shall be
344	deposited in the Professional Regulation Crew Chief Registration
345	Trust Fund.
346	Section 13.  Subsections (1) and (2) of section 450.31,
347	Florida Statutes, are amended, and subsections (5) and (6) are
348	added to said section, to read:
349	450.31  Issuance, revocation, and suspension of, and
350	refusal to issue or renew, certificate of registration.--
351	(1)  The department shall not issue to any person a
352	certificate of registration as a farm labor contractor, nor
353	shall it renew such certificate, until:
354	(a)  Such person has executed a written application
355	therefor in a form and pursuant to regulations prescribed by the
356	department and has submitted such information as the department
357	may prescribe.
358	(b)  Such person has obtained and holds a valid federal
359	certificate of registration as a farm labor contractor, or a
360	farm labor contractor employee, unless exempt by federal law.
361	(c)  Such person pays to the department, by cashier's check
362	in cash, certified check, or money order, a nonrefundable
363	application fee of $125 $75. Fees collected by the department
364	under this subsection shall be deposited in the State Treasury
365	into the Professional Regulation Crew Chief Registration Trust
366	Fund, which is hereby created, and shall be used utilized for
367	administration of this part.
368	(d)  Such person has successfully taken and passed the farm
369	labor contractor examination.
370	(e)  Such person has designated an agent to receive service
371	of process and other official or legal documents. The agent must
372	be available during regular business hours, Monday through
373	Friday, to accept service on behalf of the farm labor
374	contractor.
375	(2)  The department may revoke, suspend, or refuse to issue
376	or renew any certificate of registration when it is shown that
377	the farm labor contractor has:
378	(a)  Violated or failed to comply with any provision of
379	this part or the rules adopted pursuant to this part; s. 450.36.
380	(b)  Made any misrepresentation or false statement in his
381	or her application for a certificate of registration;.
382	(c)  Given false or misleading information concerning
383	terms, conditions, or existence of employment to persons who are
384	recruited or hired to work on a farm;.
385	(d)  Been assessed a civil fine by the department for which
386	payment is overdue;
387	(e)  Failed to pay unemployment compensation taxes as
388	determined by the Agency for Workforce Innovation;
389	(f)  Been denied, or had suspended or revoked, a federal
390	certificate of registration as a farm labor contractor; or
391	(g)  Failed to pay federal employee taxes as determined by
392	the Internal Revenue Service.
393	(5)  The department may permanently revoke or refuse to
394	issue or renew a certificate of registration if such applicant
395	or certificate holder has been convicted within the preceding 5
396	years of:
397	(a)  A crime under state or federal law:
398	1.  Relating to gambling, or to the sale, distribution, or
399	possession of alcoholic beverages.
400	2.  Committed in connection with, or incident to, any farm
401	labor contracting activities; or
402	(b)  Any felony under state or federal law involving
403	robbery, bribery, extortion, embezzlement, grand larceny,
404	burglary, arson, violation of narcotics laws, murder, rape,
405	assault with intent to kill, assault that inflicts grievous
406	bodily injury, prostitution, peonage, or smuggling or harboring
407	individuals who have entered the country illegally.
408	(6)  Receipt and acceptance of a certificate of
409	registration as a farm labor contractor constitutes
410	unconditional permission for and acquiescence by the contractor
411	to the inspection by department personnel of books, ledgers, and
412	all other documents that are related to the performance of the
413	contractor's farm labor activities.
414	Section 14.  Section 450.321, Florida Statutes, is created
415	to read:
416	450.321  Best practices incentive program for farm labor
417	contractors.--
418	(1)  To promote compliance with this part, and to help the
419	public identify farm labor contractors who have demonstrated a
420	firm commitment to responsible and safe labor practices, the
421	department shall develop and implement a best practices
422	incentive program for farm labor contractors.
423	(2)  Farm labor contractors who seek designation as a best
424	practices farm labor contractor must meet the requirements set
425	by the department. A farm labor contractor may not transfer or
426	use without authorization a designation as a best practices farm
427	labor contractor.
428	(3)  The department may enter into a partnership agreement
429	with a farm labor contractor that states the responsibilities of
430	each party to the agreement regarding the requirements to
431	receive and maintain a best practices designation. Recipients of
432	a designation as a best practices farm labor contractor may use
433	this designation when soliciting business as long as the
434	designation is in effect.
435	(4)  A designation as a best practices farm labor
436	contractor may be revoked when the department determines that
437	the recipient has failed to comply with a requirement
438	established pursuant to subsection (2). When a designation is
439	revoked, the prior recipient shall cease all use of the best
440	practices farm labor contractor designation when soliciting
441	business.
442	(5)  The grant of a designation as a best practices farm
443	labor contractor is not an endorsement of the recipient by the
444	department and may not be characterized as such.
445	(6)  The department may not be held liable in a civil
446	action for damages resulting from the granting, denying,
447	suspending, or revoking of a designation as a best practices
448	farm labor contractor.
449	(7)  The department shall establish an incentive program
450	for farm labor contractors who hold a valid best practices
451	designation.
452	Section 15.  Subsection (10) of section 450.33, Florida
453	Statutes, is amended, and subsection (11) is added to said
454	section, to read:
455	450.33  Duties of farm labor contractor.--Every farm labor
456	contractor must:
457	(10)  Comply with all applicable statutes, rules, and
458	regulations of the United States and of the State of Florida for
459	the protection or benefit of labor, including, but not limited
460	to, those providing for wages, hours, fair labor standards,
461	social security, workers' compensation, unemployment
462	compensation, child labor, and transportation. The department
463	shall not suspend or revoke a certificate of registration
464	pursuant to this subsection unless:
465	(a)  A court or agency of competent jurisdiction renders a
466	judgment or other final decision that a violation of one of the
467	laws, rules, or regulations has occurred and, if invoked, the
468	appellate process is exhausted;
469	(b)  An administrative hearing pursuant to ss. 120.569 and
470	120.57 is held on the suspension or revocation and the
471	administrative law judge finds that a violation of one of the
472	laws, rules, or regulations has occurred and, if invoked, the
473	appellate process is exhausted; or
474	(c)  The holder of a certificate of registration stipulates
475	that a violation has occurred or defaults in the administrative
476	proceedings brought to suspend or revoke his or her
477	registration.
478	(11)  Maintain accurate daily field records for each
479	employee actually paid by the farm labor contractor reflecting
480	the hours worked for the farm labor contractor and, if paid by
481	unit, the number of units harvested and the amount paid per
482	unit.
483	Section 16.  Subsections (4) and (5) are added to section
484	450.34, Florida Statutes, to read:
485	450.34  Prohibited acts of farm labor contractor.--A
486	licensee may not:
487	(4)  Retaliate against any person that has filed a
488	complaint or aided an investigation pursuant to this part.
489	(5)  Contract with or employ any person acting in the
490	capacity of a farm labor contractor, or performing activities
491	defined in s. 450.28(1), when that person does not have a
492	current certificate of registration issued by the department
493	pursuant to the requirements of this part.
494	Section 17.  Section 450.35, Florida Statutes, is amended
495	to read:
496	450.35  Certain contracts or employment prohibited.--It is
497	unlawful for any person to contract with or employ for the
498	employment of farm workers with any farm labor contractor as
499	defined in this act, for matters relating to farm labor, until
500	the labor contractor displays to him or her a current
501	certificate of registration issued by the department pursuant to
502	the requirements of this part. A violation of this section is
503	subject to the penalties provided for violations in s.
504	450.38(1).
505	Section 18.  Section 450.37, Florida Statutes, is amended
506	to read:
507	450.37  Cooperation with state and federal agencies.--The
508	department shall, whenever appropriate, cooperate with any
509	federal agency. The department may cooperate with and enter into
510	agreements with any other state agency to administer this
511	chapter or secure uniform rules.
512	Section 19.  Section 450.38, Florida Statutes, is amended
513	to read:
514	450.38  Enforcement of farm labor contractor laws.--
515	(1)  Any person, firm, association, or corporation not
516	excluded under s. 450.29 that commits a minor violation who
517	violates any provision of this part and, upon conviction, is
518	guilty of commits a misdemeanor of the second degree, is
519	punishable as provided in s. 775.082 or s. 775.083.
520	(2)  Any person, firm, association, or corporation that
521	commits a major violation of this part and, upon conviction, is
522	guilty of a felony of the third degree, is punishable as
523	provided in s. 775.082, s. 775.083, or s. 775.084.
524	(3)(2)  Any person, firm, association, or corporation that
525	who, on or after June 19, 1985, commits a violation of this part
526	or of any rule adopted thereunder may be assessed a civil
527	penalty of not more than $2,500 $1,000 for each such violation.
528	Such assessed penalties shall be paid by cashier's check in
529	cash, certified check, or money order and shall be deposited
530	into the General Revenue Fund. The department shall not
531	institute or maintain any administrative proceeding to assess a
532	civil penalty under this subsection when the violation is the
533	subject of a criminal indictment or information under this
534	section which results in a criminal penalty being imposed, or of
535	a criminal, civil, or administrative proceeding by the United
536	States government or an agency thereof which results in a
537	criminal or civil penalty being imposed. The department may
538	adopt rules prescribing the criteria to be used to determine the
539	amount of the civil penalty and to provide notification to
540	persons assessed a civil penalty under this section.
541	(4)(3)  Upon a complaint of the department being filed in
542	the circuit court of the county in which the farm labor
543	contractor resides or may be doing business, any farm labor
544	contractor who fails to obtain a certificate of registration as
545	required by this part may, in addition to such penalties, be
546	enjoined from engaging in any activity which requires the farm
547	labor contractor to possess a certificate of registration.
548	(5)(4)  For the purpose of any investigation or proceeding
549	conducted by the department, the secretary of the department or
550	the secretary's designee shall have the power to administer
551	oaths, take depositions, make inspections when authorized by
552	statute, issue subpoenas which shall be supported by affidavit,
553	serve subpoenas and other process, and compel the attendance of
554	witnesses and the production of books, papers, documents, and
555	other evidence. The secretary of the department or the
556	secretary's designee shall exercise this power on the
557	secretary's own initiative.
558	(6)  A farm labor contractor who commits a minor violation
559	of this part shall be issued a warning for the first violation.
560	A civil penalty in increments of $250 may be assessed for each
561	successive violation of a specific statute or rule of this part
562	up to a maximum of $2,500.
563	(7)  A farm labor contractor who commits a major violation
564	of a specific statute or rule of this part shall be assessed a
565	civil penalty of up to $2,500 in accordance with the criteria
566	established by the department pursuant to s. 450.38.
567	Section 20.  Section 450.39, Florida Statutes, is created
568	to read:
569	450.39  Prohibition against required purchase; prohibition
570	against excessive charges.--
571	(1)  A farm labor contractor may not require any farmworker
572	to purchase goods or services solely from such farm labor
573	contractor or from a person acting as an agent for such farm
574	labor contractor.
575	(2)  A farm labor contractor may not charge a farmworker
576	more than a reasonable cost for any commodity, including
577	housing, food, water, or other consumables, in accordance with
578	Title 29 C.F.R. s. 531.3. As used in this subsection, the term
579	"reasonable cost" does not include a profit to the farm labor
580	contractor or to any other person acting as an agent for the
581	farm labor contractor.
582	Section 21.  Section 487.011, Florida Statutes, is amended
583	to read:
584	487.011  Popular name Short title; administration.--This
585	part shall chapter may be known by the popular name cited as the
586	"Florida Pesticide Law" and shall be administered by the
587	Department of Agriculture and Consumer Services.
588	Section 22.  Section 487.012, Florida Statutes, is amended
589	to read:
590	487.012  Declaration of purpose.--The purpose of this part
591	chapter is to regulate the distribution, sale, and use of
592	pesticides, except as provided in chapters 388 and 482, and to
593	protect people and the environment from the adverse effects of
594	pesticides.
595	Section 23.  Section 487.021, Florida Statutes, is amended
596	to read:
597	487.021  Definitions.--For the purpose of this part
598	chapter:
599	(1)  "Acceptable release rate" means a measured release
600	rate not exceeding 4.0 micrograms per square centimeter per day
601	at steady state conditions as determined in accordance with a
602	United States Environmental Protection Agency testing data call-
603	in notice of July 29, 1986, on tributyltin in antifouling paints
604	under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
605	U.S.C. s. 136, or at a rate established by the department.
606	(2)  "Active ingredient" means:
607	(a)  In the case of a pesticide other than a plant
608	regulator, defoliant, or desiccant, an ingredient which will
609	prevent, destroy, repel, or mitigate insects, nematodes, fungi,
610	rodents, weeds, or other pests.
611	(b)  In the case of a plant regulator, an ingredient which,
612	through physiological action, will accelerate or retard the rate
613	of growth or rate of maturation, or otherwise alter the
614	behavior, of ornamental or crop plants or the produce thereof.
615	(c)  In the case of a defoliant, an ingredient which will
616	cause the leaves or foliage to drop from a plant.
617	(d)  In the case of a desiccant, an ingredient which will
618	artificially accelerate the drying of plant tissue.
619	(3)  "Added ingredient" means any plant nutrient or plant
620	regulator added to the mixture which is not an active pesticidal
621	ingredient, but which the manufacturer wishes to show on the
622	label.
623	(4)  "Adulterated" applies to any pesticide if its strength
624	or purity falls below or is in excess of the professed standard
625	of quality as expressed on labeling or under which it is sold,
626	if any substance has been substituted wholly or in part for the
627	pesticide or if any valuable constituent of the pesticide has
628	been wholly or in part abstracted.
629	(5)  "Advertisement" means all representations disseminated
630	in any manner or by any means other than by labeling, for the
631	purpose of inducing, or which are likely to induce, directly or
632	indirectly, the purchase of pesticides.
633	(6)  "Age of majority" means any natural person 18 years of
634	age or older, or an emancipated minor.
635	(7)  "Aircraft" means any machine designed for flight and
636	for use in applying pesticides.
637	(8)  "Animal" means all vertebrate and invertebrate
638	species, including, but not limited to, humans and other
639	mammals, birds, fish, and shellfish.
640	(9)  "Antidote" means the most practical immediate
641	treatment for poisoning and includes first aid treatment.
642	(10)  "Antifouling paint" means a coating, paint, or
643	treatment that is intended for use as a pesticide, as defined in
644	this section, to control freshwater or marine fouling organisms.
645	(11)  "Antisiphon device" means a safety device used to
646	prevent the backflow of a mixture of water and chemicals into
647	the water supply.
648	(12)  "Batch" or "lot" means a quantity of pesticide
649	produced or packaged and readily identified by numbers, letters,
650	or other symbols.
651	(13)  "Brand" means the name, number, trademark, or any
652	other designation which distinguishes one pesticide product from
653	another.
654	(14)  "Certification" means the recognition by the
655	department that an individual is a competent pesticide
656	applicator and, thus, is eligible for licensure in one or more
657	of the designated license types and categories.
658	(15)  "Certified applicator" means any individual who has
659	been recognized by the department as a competent pesticide
660	applicator and, thus, is eligible to apply for licensure in one
661	or more of the designated license types and categories.
662	(16)  "Commercial applicator" means an individual who has
663	reached the age of majority and is licensed by the department to
664	use or supervise the use of any restricted-use pesticide for any
665	purpose on any property other than as provided by the
666	definitions of "private applicator," "product specific
667	applicator," or "public applicator," whether or not the
668	individual is a private applicator with respect to some uses.
669	(17)  "Dealer" means any person, other than the
670	manufacturer or distributor, who offers for sale, sells,
671	barters, or otherwise supplies pesticides to the ultimate user
672	or consumer.
673	(18)  "Deficiency" means the amount of an active ingredient
674	of a pesticide by which it fails to come up to its guaranteed
675	analysis when analyzed.
676	(19)  "Defoliant" means any substance or mixture of
677	substances intended for causing the leaves or foliage to drop
678	from a plant, with or without causing abscission.
679	(20)  "Department" means the Department of Agriculture and
680	Consumer Services or its authorized representative.
681	(21)  "Desiccant" means any substance or mixture of
682	substances intended for artificially accelerating the drying of
683	plant tissues.
684	(22)  "Device" means any instrument or contrivance (other
685	than a firearm) which is intended for trapping, destroying,
686	repelling, or mitigating, any pest or other form of plant or
687	animal life (other than human and other than bacteria, virus, or
688	other microorganism on or in living humans or other living
689	animals); but not including equipment used for the application
690	of pesticides when sold separately.
691	(23)  "Distribute" means to offer for sale, hold for sale,
692	sell, barter, or supply pesticides in this state.
693	(24)  "Distributor" means any person who offers for sale,
694	holds for sale, sells, barters, or supplies pesticides in this
695	state.
696	(25)  "Emergency exemption" means an exemption as
697	authorized in s. 18 of the Federal Insecticide, Fungicide, and
698	Rodenticide Act.
699	(26)  "Environment" means all water, air, land, plants, and
700	animals, and their relationships with one another.
701	(27)  "Equipment" means any type of ground, aquatic, or
702	aerial device used to apply any pesticide on land, and on
703	anything that may be growing, habituating, or stored on or in
704	the land. Equipment does not include any pressurized hand-size
705	household device used to apply any pesticide, or any other
706	device where the person applying the pesticide is the source of
707	power for applying the pesticide.
708	(28)  "Excess" means the amount of an active ingredient of
709	a pesticide found by analysis to be over the guaranteed amount.
710	(29)  "Experimental use permit" means a permit issued by
711	the department or by the United States Environmental Protection
712	Agency as authorized in s. 5 of the Federal Insecticide,
713	Fungicide, and Rodenticide Act.
714	(30)  "Fungi" means all non-chlorophyll-bearing
715	thallophytes (that is, all non-chlorophyll-bearing plants of a
716	lower order than mosses and liverworts), as, for example, rusts,
717	smuts, mildews, molds, yeasts, and bacteria, except those on or
718	in living humans or other animals.
719	(31)  "Highly toxic" means any highly poisonous pesticide
720	as determined by the rules promulgated pursuant to this part
721	chapter.
722	(32)  "Imminent hazard" means a situation which exists when
723	the continued use of a pesticide during the time required for
724	cancellation proceedings would be likely to result in
725	unreasonable adverse effects on the environment or will involve
726	unreasonable hazard to the survival of a species declared
727	endangered.
728	(33)  "Ineffective" means that pesticides such as
729	bacteriostats, disinfectants, germicides, sanitizers, and like
730	products fail to meet microbiological claims when tested in the
731	laboratory utilizing the officially approved procedures of the
732	Association of Official Analytical Chemists or other methods or
733	procedures as the department may find necessary.
734	(34)  "Inert ingredient" means an ingredient which is not
735	an active ingredient.
736	(35)  "Ingredient statement" means a statement of the name
737	and percentage by weight of each active ingredient, together
738	with the total percentage of the inert ingredients in the
739	pesticides.
740	(36)  "Insect" means any of the numerous small invertebrate
741	animals generally having the body more or less obviously
742	segmented, for the most part belonging to the class Insecta,
743	comprising six legs, usually in winged form (as, for example,
744	beetles, bugs, bees, and flies) and to other allied classes and
745	arthropods whose members are wingless and usually have more than
746	six legs (as, for example, spiders, mites, ticks, centipedes,
747	and wood lice).
748	(37)  "Irrigation system" means any device or combination
749	of devices having a hose, pipe, or other conduit which connects
750	directly to any source of ground or surface water, through which
751	device or combination of devices water or a mixture of water and
752	chemicals is drawn and applied for agricultural purposes. The
753	term does not include any handheld hose sprayer or other similar
754	device which is constructed so that an interruption in water
755	flow automatically prevents any backflow to the water source.
756	(38)  "Label" means the written, printed, or graphic matter
757	on or attached to a pesticide, device, or immediate and outside
758	container or wrappers of such pesticide or device.
759	(39)  "Labeling" means all labels and other written,
760	printed, or graphic matter referencing the pesticide or device
761	or upon any of its containers or wrappers, or accompanying the
762	pesticide or device at any time, but does not include accurate,
763	nonmisleading reference to current official publications of the
764	United States Departments of Agriculture or Interior, the
765	Environmental Protection Agency, the United States Public Health
766	Service, state experiment stations, state agricultural colleges,
767	or other similar federal institutions or official agencies of
768	this state or other states authorized by law to conduct research
769	in the field of pesticides.
770	(40)  "Land" means all land and water areas, including
771	airspace.
772	(41)  "Licensed applicator" means an individual who has
773	reached the age of majority and is authorized by license from
774	the department to use or supervise the use of any restricted-use
775	pesticide covered by the license.
776	(42)  "Manufacturer" means a person engaged in the business
777	of importing, producing, preparing, mixing, formulating, or
778	reformulating pesticides for the purpose of distribution.
779	(43)  "Mixer-loader" means any individual who handles open
780	containers or otherwise prepares, processes, or dilutes
781	pesticides in preparation for final application.
782	(44)  "Nematode" means invertebrate animals of the phylum
783	Nemathelminthes and class Nematoda (that is, unsegmented round
784	worms with elongated, fusiform, or saclike bodies covered with
785	cuticle and inhabiting soil, water, plants, or plant parts), and
786	may also be known as nemas or eelworms.
787	(45)  "Official sample" means any sample of a pesticide
788	taken by the department in accordance with the provisions of
789	this part chapter or rules adopted under this part chapter, and
790	designated as official by the department.
791	(46)  "Organotin compound" means any compound of tin used
792	as a biocide in an antifouling paint.
793	(47)  "Percent" means one one-hundredth part by weight or
794	volume.
795	(48)  "Pest" means:
796	(a)  Any insect, rodent, nematode, fungus, weed; or
797	(b)  Any other form of terrestrial or aquatic plant or
798	animal life or virus, bacteria, or other microorganism, except
799	viruses, bacteria, or other microorganisms on or in living
800	humans or other living animals, which is declared to be a pest
801	by the administrator of the United States Environmental
802	Protection Agency or which may be declared to be a pest by the
803	department by rule.
804	(49)  "Pesticide" means any substance or mixture of
805	substances intended for preventing, destroying, repelling, or
806	mitigating any insects, rodents, nematodes, fungi, weeds, or
807	other forms of plant or animal life or viruses, except viruses,
808	bacteria, or fungi on or in living humans or other animals,
809	which the department by rule declares to be a pest, and any
810	substance or mixture of substances intended for use as a plant
811	regulator, defoliant, or desiccant; however, the term
812	"pesticide" does not include any article that:
813	(a)  Is a "new animal drug" within the meaning of s. 201(w)
814	of the Federal Food, Drug, and Cosmetic Act;
815	(b)  Has been determined by the Secretary of the United
816	States Department of Health and Human Services not to be a new
817	animal drug by a regulation establishing conditions of use for
818	the article; or
819	(c)  Is an animal feed within the meaning of s. 201(x) of
820	the Federal Food, Drug, and Cosmetic Act bearing or containing
821	an article covered in this subsection.
822	(50)  "Plant nutrient" means any ingredient that furnishes
823	nourishment to the plant or promotes its growth in a normal
824	manner.
825	(51)  "Plant regulator" means any substance or mixture of
826	substances intended, through physiological action, for
827	accelerating or retarding the rate of growth or maturation, or
828	for otherwise altering the behavior, of ornamental or crop
829	plants or the produce thereof; but does not include substances
830	intended as plant nutrients, trace elements, nutritional
831	chemicals, plant inoculants, or soil amendments.
832	(52)  "Private applicator" means an individual who has
833	reached the age of majority and is licensed by the department to
834	use or supervise the use of any restricted-use pesticide for
835	purposes of producing any agricultural commodity on property
836	owned or rented by his or her employer, or, if applied without
837	compensation other than the trading of personal services between
838	producers of agricultural commodities, on the property of
839	another person.
840	(53)  "Product" means a unique pesticide and label as
841	distinguished by its individually assigned United States
842	Environmental Protection Agency registration number, special
843	local need registration number, or experimental use permit
844	number.
845	(54)  "Protect health and the environment" means protection
846	against any unreasonable adverse effects on people or the
847	environment.
848	(55)  "Public applicator" means an individual who has
849	reached the age of majority and is licensed by the department to
850	use or supervise the use of restricted-use pesticides as an
851	employee of a state agency, municipal corporation, or other
852	governmental agency.
853	(56)  "Product specific applicator" means an individual who
854	has reached the age of majority and is licensed by the
855	department to use or supervise the use of a particular
856	restricted-use pesticide product that is identified on the
857	license by the United States Environmental Protection Agency
858	registration number, as well as any Florida special local need
859	registration number and any specific identifying information as
860	deemed appropriate for nonfederally registered products exempt
861	under s. 18 of the Federal Insecticide, Fungicide, and
862	Rodenticide Act, provided that the restricted-use pesticide
863	product is used for the purpose of producing agricultural
864	commodities on property owned or rented by the licensee or the
865	licensee's employer, or is applied on the property of another
866	person without compensation other than trading of personal
867	services between producers of agricultural commodities.
868	(57)  "Registrant" means the person registering any
869	pesticide pursuant to the provisions of this part chapter.
870	(58)  "Restricted-use pesticide" means a pesticide which,
871	when applied in accordance with its directions for use,
872	warnings, and cautions and for uses for which it is registered
873	or for one or more such uses, or in accordance with a widespread
874	and commonly recognized practice, may generally cause, without
875	additional regulatory restrictions, unreasonable adverse effects
876	on the environment, or injury to the applicator or other
877	persons, and which has been classified as a restricted-use
878	pesticide by the department or the administrator of the United
879	States Environmental Protection Agency.
880	(59)  "Sell or sale" includes exchanges.
881	(60)  "Special local need registration" means a state
882	registration issued by the department as authorized in s. 24(c)
883	of the Federal Insecticide, Fungicide, and Rodenticide Act.
884	(61)  "Special review" is a process for reviewing selected
885	pesticides based upon information that the pesticides have been
886	found to present environmental or health concerns not considered
887	in the registration process or that data submitted in support of
888	registration are inadequate or outdated.
889	(62)  "Tolerance" means the deviation from the guaranteed
890	analysis permitted by law.
891	(63)  "Transportation of pesticides in bulk" means the
892	movement of a pesticide which is held in an individual container
893	in undivided quantities of greater than 55 U.S. gallons liquid
894	measure or 100 pounds net dry weight.
895	(64)  "Under the direct supervision of a licensed
896	applicator" means, unless otherwise prescribed by its labeling,
897	a pesticide that must be applied by a competent person acting
898	under the instruction and control of a licensed applicator who
899	is available if and when needed, even though the licensed
900	applicator is not physically present when the pesticide is
901	applied.
902	(65)  "Unreasonable adverse effects on the environment"
903	means any unreasonable risk to humans or the environment, taking
904	into account the economic, social, and environmental costs and
905	benefits of the use of any pesticide.
906	(66)  "Vessel" means any type of watercraft or other
907	artificial contrivance used, or capable of being used, as a
908	means of transportation on water.
909	(67)  "Weed" means any plant which grows where not wanted.
910	Section 24.  Subsection (2) of section 487.025, Florida
911	Statutes, is amended to read:
912	487.025  Misbranding.--
913	(2)  A pesticide is misbranded if:
914	(a)  It is an imitation of, or is offered for sale under
915	the name of, another pesticide.
916	(b)  Its labeling bears any reference to registration under
917	this part chapter.
918	(c)  The labeling accompanying it does not contain
919	instructions for use which are necessary and, if complied with,
920	adequate for the protection of the public.
921	(d)  The label does not contain a warning or caution
922	statement which may be necessary and, if complied with, adequate
923	to prevent injury to living humans and other vertebrate animals.
924	(e)  The label does not bear an ingredient statement on
925	that part of the immediate container, and on the outside
926	container or wrapper, if there is one, through which the
927	ingredient statement on the immediate container cannot be
928	clearly read, of the retail package which is presented or
929	displayed under customary conditions of purchase.
930	(f)  Any word, statement, or other information required by
931	or under authority of this part chapter to appear on the
932	labeling is not prominently placed thereon with such
933	conspicuousness, as compared with other words, statements,
934	designs, or graphic matter in the labeling, and in such terms as
935	to render it likely to be read and understood by the ordinary
936	individual under customary conditions of purchase and use.
937	(g)  It is injurious to living humans or other vertebrate
938	animals or vegetation, except weeds, to which it is applied, or
939	to the person applying such pesticide as directed or in
940	accordance with commonly recognized practice.
941	(h)  In the case of a plant regulator, defoliant, or
942	desiccant, when used as directed, it is injurious to living
943	humans or other vertebrate animals, or vegetation, to which it
944	is applied, or to the person applying such pesticide. However,
945	physical or physiological effects on plants or parts thereof
946	shall not be deemed to be injury when this is the purpose for
947	which the plant regulator, defoliant, or desiccant was applied
948	in accordance with the label claims and recommendations.
949	(i)  Any ingredient which is present in amounts which are
950	not likely to be effective when used according to directions is
951	given undue prominence or conspicuousness, as compared with
952	ingredients which are present in effective amounts, in its
953	labeling. Such ingredient shall appear only in the ingredient
954	statement.
955	(j)  It is found to be ineffective when tested in the
956	laboratory.
957	(k)  It is found by the department to be of short measure.
958	Section 25.  Subsections (2), (4), (5), and (13) of section
959	487.031, Florida Statutes, are amended to read:
960	487.031  Prohibited acts.--It is unlawful:
961	(2)  To distribute, sell, or offer for sale within this
962	state any pesticide or product which has not been registered
963	pursuant to the provisions of this part chapter, except
964	pesticides distributed, sold, offered for sale, or used in
965	accordance with the provisions of federal or state restriction,
966	supervision, or cancellation orders or other existing stock
967	agreements.
968	(4)  To detach, alter, deface, or destroy, in whole or in
969	part, any label or labeling provided for in this part chapter or
970	rules promulgated under this part chapter, or to add any
971	substance to, or take any substance from, any pesticide in a
972	manner that may defeat the purpose of this part chapter.
973	(5)  For any person to use for his or her own advantage or
974	to reveal any information relative to formulas of products
975	acquired by authority of this part chapter, other than to: the
976	department, proper officials, or employees of the state; the
977	courts of this state in response to a subpoena; physicians,
978	pharmacists, and other qualified persons, in an emergency, for
979	use in the preparation of antidotes. The information relative to
980	formulas of products is confidential and exempt from the
981	provisions of s. 119.07(1).
982	(13)  For any person to:
983	(a)  Make a false or fraudulent claim through any medium,
984	misrepresenting the effect of materials or methods used;
985	(b)  Make a pesticide recommendation or application not in
986	accordance with the label, except as provided in this section,
987	or not in accordance with recommendations of the United States
988	Environmental Protection Agency or not in accordance with the
989	specifications of a special local need registration;
990	(c)  Operate faulty or unsafe equipment;
991	(d)  Operate in a faulty, careless, or negligent manner;
992	(e)  Apply any pesticide directly to, or in any manner
993	cause any pesticide to drift onto, any person or area not
994	intended to receive the pesticide;
995	(f)  Fail to disclose to an agricultural crop grower, prior
996	to the time pesticides are applied to a crop, full information
997	regarding the possible harmful effects to human beings or
998	animals and the earliest safe time for workers or animals to
999	reenter the treated field;
1000	(g)  Refuse or, after notice, neglect to comply with the
1001	provisions of this part chapter, the rules adopted under this
1002	part chapter, or any lawful order of the department;
1003	(h)  Refuse or neglect to keep and maintain the records
1004	required by this part chapter or to submit reports when and as
1005	required;
1006	(i)  Make false or fraudulent records, invoices, or
1007	reports;
1008	(j)  Use fraud or misrepresentation in making an
1009	application for a license or license renewal;
1010	(k)  Refuse or neglect to comply with any limitations or
1011	restrictions on or in a duly issued license;
1012	(l)  Aid or abet a licensed or unlicensed person to evade
1013	the provisions of this part chapter, or combine or conspire with
1014	a licensed or unlicensed person to evade the provisions of this
1015	part chapter, or allow a license to be used by an unlicensed
1016	person;
1017	(m)  Make false or misleading statements during or after an
1018	inspection concerning any infestation or infection of pests
1019	found on land;
1020	(n)  Make false or misleading statements, or fail to
1021	report, pursuant to this part chapter, any suspected or known
1022	damage to property or illness or injury to persons caused by the
1023	application of pesticides;
1024	(o)  Impersonate any state, county, or city inspector or
1025	official;
1026	(p)  Fail to maintain a current liability insurance policy
1027	or surety bond as provided for in this part chapter;
1028	(q)  Fail to adequately train, as provided for in this part
1029	chapter, unlicensed applicators or mixer-loaders applying
1030	restricted-use pesticides under the direct supervision of a
1031	licensed applicator; or
1032	(r)  Fail to provide authorized representatives of the
1033	department with records required by this part chapter or with
1034	free access for inspection and sampling of any pesticide, areas
1035	treated with or impacted by these materials, and equipment used
1036	in their application.
1037	Section 26.  Subsections (2), (3), and (8) of section
1038	487.041, Florida Statutes, are amended to read:
1039	487.041  Registration.--
1040	(2)  For the purpose of defraying expenses of the
1041	department in connection with carrying out the provisions of
1042	this part chapter, each person shall pay an annual registration
1043	fee of $250 for each registered pesticide. The annual
1044	registration fee for each special local need label and
1045	experimental use permit shall be $100. All registrations expire
1046	on December 31 of each year. Nothing in this section shall be
1047	construed as applying to distributors or retail dealers selling
1048	pesticides when such pesticides are registered by another
1049	person.
1050	(3)  The department shall adopt rules governing the
1051	procedures for pesticide registration and for the review of data
1052	submitted by an applicant for registration of a pesticide. The
1053	department shall determine whether a pesticide should be
1054	registered, registered with conditions, or tested under field
1055	conditions in this state. The department shall determine that
1056	all requests for pesticide registrations meet the requirements
1057	of current state and federal law. The department, whenever it
1058	deems it necessary in the administration of this part chapter,
1059	may require the manufacturer or registrant to submit the
1060	complete formula, quantities shipped into or manufactured in the
1061	state for distribution and sale, evidence of the efficacy and
1062	the safety of any pesticide, and other relevant data. The
1063	department may review and evaluate a registered pesticide if new
1064	information is made available which indicates that use of the
1065	pesticide has caused an unreasonable adverse effect on public
1066	health or the environment. Such review shall be conducted upon
1067	the request of the secretary of the Department of Health in the
1068	event of an unreasonable adverse effect on public health or the
1069	secretary of the Department of Environmental Protection in the
1070	event of an unreasonable adverse effect on the environment. Such
1071	review may result in modifications, revocation, cancellation, or
1072	suspension of a pesticide registration. The department, for
1073	reasons of adulteration, misbranding, or other good cause, may
1074	refuse or revoke the registration of any pesticide, after notice
1075	to the applicant or registrant giving the reason for the
1076	decision. The applicant may then request a hearing, pursuant to
1077	chapter 120, on the intention of the department to refuse or
1078	revoke registration, and, upon his or her failure to do so, the
1079	refusal or revocation shall become final without further
1080	procedure. In no event shall registration of a pesticide be
1081	construed as a defense for the commission of any offense
1082	prohibited under this part chapter.
1083	(8)  Nothing in this section affects the authority of the
1084	department to administer the pesticide registration program
1085	under this part chapter or the authority of the Commissioner of
1086	Agriculture to approve the registration of a pesticide.
1087	Section 27.  Section 487.0435, Florida Statutes, is amended
1088	to read:
1089	487.0435  License classification.--The department shall
1090	issue certified applicator licenses in the following
1091	classifications: certified public applicator; certified private
1092	applicator; and certified commercial applicator. In addition,
1093	separate classifications and subclassifications may be specified
1094	by the department in rule as deemed necessary to carry out the
1095	provisions of this part chapter. Each classification shall be
1096	subject to requirements or testing procedures to be set forth by
1097	rule of the department and shall be restricted to the activities
1098	within the scope of the respective classification as established
1099	in statute or by rule. In specifying classifications, the
1100	department may consider, but is not limited to, the following:
1101	(1)  Whether the license sought is for commercial, public,
1102	or private applicator status.
1103	(2)  The method of applying the restricted-use pesticide.
1104	(3)  The specific crops upon which restricted-use
1105	pesticides are applied.
1106	(4)  The proximity of populated areas to the land upon
1107	which restricted-use pesticides are applied.
1108	(5)  The acreage under the control of the licensee.
1109	(6)  The pounds of technical restricted toxicant applied
1110	per acre per year by the licensee.
1111	Section 28.  Section 487.045, Florida Statutes, is amended
1112	to read:
1113	487.045  Fees.--
1114	(1)  The department shall establish applicable fees by
1115	rule. The fees shall not exceed $250 for commercial applicators
1116	or $100 for private applicators and public applicators, for
1117	initial licensing and for each subsequent license renewal. The
1118	fees shall be determined annually and shall represent department
1119	costs associated with enforcement of the provisions of this part
1120	chapter.
1121	(2)  Fees collected under the provisions of this part
1122	chapter shall be deposited into the General Inspection Trust
1123	Fund and shall be used to defray expenses in the administration
1124	of this part chapter.
1125	Section 29.  Subsection (2) of section 487.046, Florida
1126	Statutes, is amended to read:
1127	487.046  Application; licensure.--
1128	(2)  If the department finds the applicant qualified in the
1129	classification for which the applicant has applied, and if the
1130	applicant applying for a license to engage in aerial application
1131	of pesticides has met all of the requirements of the Federal
1132	Aviation Agency and the Department of Transportation of this
1133	state to operate the equipment described in the application and
1134	has shown proof of liability insurance or posted a surety bond
1135	in an amount to be set forth by rule of the department, the
1136	department shall issue a certified applicator's license, limited
1137	to the classifications for which the applicant is qualified. The
1138	license shall expire as required by rules promulgated under this
1139	part chapter, unless it has been revoked or suspended by the
1140	department prior to expiration, for cause as provided in this
1141	part chapter. The license or authorization card issued by the
1142	department verifying licensure shall be kept on the person of
1143	the licensee while performing work as a licensed applicator.
1144	Section 30.  Section 487.047, Florida Statutes, is amended
1145	to read:
1146	487.047  Nonresident license; reciprocal agreement;
1147	authorized purchase.--
1148	(1)  The department may waive all or part of the
1149	examination requirements provided for in this part chapter on a
1150	reciprocal basis with any other state or agency, or an Indian
1151	tribe, that has substantially the same or better standards.
1152	(2)  Any nonresident applying for a license under this part
1153	chapter to operate in the state shall file a Designation of
1154	Registered Agent naming the Secretary of State as the agent of
1155	the nonresident, upon whom process may be served in the event of
1156	any suit against the nonresident. The designation shall be
1157	prepared on a form provided by the department and shall render
1158	effective the jurisdiction of the courts of this state over the
1159	nonresident applicant. However, any nonresident who has a duly
1160	appointed registered agent upon whom process may be served as
1161	provided by law shall not be required to designate the Secretary
1162	of State as registered agent. The Secretary of State shall be
1163	allowed the registered-agent fees as provided by law for
1164	designating registered agents. The department shall be furnished
1165	with a copy of the designation of the Secretary of State or of a
1166	registered agent which is certified by the Secretary of State.
1167	The Secretary of State shall notify the department of any
1168	service of process it receives as registered agent for persons
1169	licensed under this part chapter.
1170	(3)  Restricted-use pesticides may be purchased by any
1171	person who holds a valid applicator's license or who holds a
1172	valid purchase authorization card issued by the department or by
1173	a licensee under chapter 482 or chapter 388. A nonlicensed
1174	person may apply restricted-use pesticides under the direct
1175	supervision of a licensed applicator. An applicator's license
1176	shall be issued by the department on a form supplied by it in
1177	accordance with the requirements of this part chapter.
1178	Section 31.  Subsection (1) of section 487.049, Florida
1179	Statutes, is amended to read:
1180	487.049  Renewal; late fee; recertification.--
1181	(1)  The department shall require renewal of a certified
1182	applicator's license at 4-year intervals from the date of
1183	issuance. If the application for renewal of any license provided
1184	for in this part chapter is not filed on time, a late fee shall
1185	be assessed not to exceed $50. However, the penalty shall not
1186	apply if the renewal application is filed within 60 days after
1187	the renewal date, provided the applicant furnishes an affidavit
1188	certifying that he or she has not engaged in business subsequent
1189	to the expiration of the license for a period not exceeding 60
1190	days. A license may be renewed without taking another
1191	examination unless the department determines that new knowledge
1192	related to the classification for which the applicant has
1193	applied makes a new examination necessary; however, the
1194	department may require the applicant to provide evidence of
1195	continued competency, as determined by rule. If the license is
1196	not renewed within 60 days after of the expiration date, then
1197	the licensee may again be required to take another examination,
1198	unless there is some unavoidable circumstance which results in
1199	the delay of the renewal of any license issued under this part
1200	chapter which was not under the applicant's control.
1201	Section 32.  Paragraph (b) of subsection (1) and subsection
1202	(2) of section 487.051, Florida Statutes, are amended to read:
1203	487.051  Administration; rules; procedure.--
1204	(1)  The department may by rule:
1205	(b)  Establish procedures for the taking and handling of
1206	samples and establish tolerances and deficiencies where not
1207	specifically provided for in this part chapter; assess
1208	penalties; and prohibit the sale or use of pesticides or devices
1209	shown to be detrimental to human beings, the environment, or
1210	agriculture or to be otherwise of questionable value.
1211	(2)  The department is authorized to adopt by rule the
1212	primary standards established by the United States Environmental
1213	Protection Agency with respect to pesticides. If the provisions
1214	of this part chapter are preempted in part by federal law, those
1215	provisions not preempted shall apply. This part chapter is
1216	intended as comprehensive and exclusive regulation of pesticides
1217	in this state. Except as provided in chapters 373, 376, 388,
1218	403, and 482, or as otherwise provided by law, no agency,
1219	commission, department, county, municipality, or other political
1220	subdivision of the state may adopt laws, regulations, rules, or
1221	policies pertaining to pesticides, including their registration,
1222	packaging, labeling, distribution, sale, or use, except that
1223	local jurisdictions may adopt or enforce an ordinance pertaining
1224	to pesticides if that ordinance is in the area of occupational
1225	license taxes, building and zoning regulations, disposal or
1226	spillage of pesticides within a water well zone, or pesticide
1227	safety regulations relating to containment at the storage site.
1228	Section 33.  Subsection (4) of section 487.0615, Florida
1229	Statutes, is amended to read:
1230	487.0615  Pesticide Review Council.--
1231	(4)  The council is defined as a "substantially interested
1232	person" and has standing under chapter 120 in any proceeding
1233	conducted by the department relating to the registration of a
1234	pesticide under this part chapter. The standing of the council
1235	shall in no way prevent individual members of the council from
1236	exercising standing in these matters.
1237	Section 34.  Section 487.071, Florida Statutes, is amended
1238	to read:
1239	487.071  Enforcement, inspection, sampling, and analysis.--
1240	(1)  The department is authorized to enter upon any public
1241	or private premises or carrier where pesticides are known or
1242	thought to be distributed, sold, offered for sale, held, stored,
1243	or applied, during regular business hours in the performance of
1244	its duties relating to pesticides and records pertaining to
1245	pesticides. No person shall deny or refuse access to the
1246	department when it seeks to enter upon any public or private
1247	premises or carrier during business hours in performance of its
1248	duties under this part chapter.
1249	(2)  The department is authorized and directed to sample,
1250	test, inspect, and make analyses of pesticides sold, offered for
1251	sale, distributed, or used within this state, at a time and
1252	place and to such an extent as it may deem necessary, to
1253	determine whether the pesticides or persons exercising control
1254	over the pesticides are in compliance with the provisions of
1255	this part chapter, the rules adopted under this part chapter,
1256	and the provisions of the pesticide label or labeling.
1257	(3)  The official analysis shall be made from the official
1258	sample. A sealed and identified sample, herein called "official
1259	check sample" shall be kept until the analysis on the official
1260	sample is completed. However, the registrant may obtain upon
1261	request a portion of the official sample. Upon completion of the
1262	analysis of the official sample, a true copy of the certificate
1263	of analysis shall be mailed to the registrant of the pesticide
1264	from whom the official sample was taken and also to the dealer
1265	or agent, if any, and consumer, if known. If the official
1266	analysis conforms with the provisions of this part chapter, the
1267	official check sample may be destroyed. If the official analysis
1268	does not conform with the provisions of this part chapter, the
1269	rules adopted under this part chapter, and the provisions of the
1270	pesticide label or labeling, the official check sample shall be
1271	retained for a period of 90 days from the date of the
1272	certificate of analysis of the official sample. If within that
1273	time the registrant of the pesticide from whom the official
1274	sample was taken makes demand for analysis by a referee chemist,
1275	a portion of the official check sample sufficient for analysis
1276	shall be sent to a referee chemist who is mutually acceptable to
1277	the department and the registrant for analysis at the expense of
1278	the registrant. Upon completion of the analysis, the referee
1279	chemist shall forward to the department and to the registrant a
1280	certificate of analysis bearing a proper identification mark or
1281	number; and such certificate of analysis shall be verified by an
1282	affidavit of the person or laboratory making the analysis. If
1283	the certificate of analysis checks within 3 percent of the
1284	department's analysis on each active ingredient for which
1285	analysis was made, the mean average of the two analyses shall be
1286	accepted as final and binding on all concerned. However, if the
1287	referee's certificate of analysis shows a variation of greater
1288	than 3 percent from the department's analysis in any one or more
1289	of the active ingredients for which an analysis was made, upon
1290	demand of either the department or the registrant from whom the
1291	official sample was taken, a portion of the official check
1292	sample sufficient for analysis shall be submitted to a second
1293	referee chemist who is mutually acceptable to the department and
1294	the registrant, at the expense of the party or parties
1295	requesting the referee analysis. Upon completion of the
1296	analysis, the second referee chemist shall make a certificate
1297	and report as provided in this subsection for the first referee
1298	chemist. The mean average of the two analyses nearest in
1299	conformity shall be accepted as final and binding on all
1300	concerned. If no demand is made for an analysis by a second
1301	referee chemist, the department's certificate of analysis shall
1302	be accepted as final and binding on all concerned.
1303	(4)  If a pesticide or device fails to comply with the
1304	provisions of this part chapter with reference to the ingredient
1305	statement reflecting the composition of the product, as required
1306	on the registration and labeling, and the department
1307	contemplates possible criminal proceedings against the person
1308	responsible because of this violation, the department shall,
1309	after due notice, accord the person an informal hearing or an
1310	opportunity to present evidence and opinions, either orally or
1311	in writing, with regard to such contemplated proceedings. If in
1312	the opinion of the department the facts warrant, the department
1313	may refer the facts to the state attorney for the county in
1314	which the violation occurred, with a copy of the results of the
1315	analysis or the examination of such article; provided that
1316	nothing in this part chapter shall be construed as requiring the
1317	department to report for prosecution minor violations whenever
1318	it believes that the public interest will be subserved by a
1319	suitable notice of warning in writing.
1320	(5)  It shall be the duty of each state attorney to whom
1321	any such violation is reported to cause appropriate proceedings
1322	to be instituted and prosecuted in a court of competent
1323	jurisdiction without delay.
1324	(6)  The department shall, by publication in such manner as
1325	it may prescribe, give notice of all judgments entered in
1326	actions instituted under the authority of this part chapter.
1327	(7)(a)  The department may analyze pesticide samples upon
1328	request in a manner consistent with this part chapter.
1329	(b)  The department shall establish by rule a fee schedule
1330	for pesticide samples analyzed upon request. The fees shall be
1331	sufficient to cover the costs to the department for taking the
1332	samples and performing the analysis. However, no fee shall
1333	exceed $400 per test.
1334	(c)  The department shall keep separate records with
1335	respect to requested pesticide analyses, including the pesticide
1336	analyzed, tests performed, fees collected, the name and address
1337	of the person who requested the analysis, and the name and
1338	address of the registrant.
1339	(d)  All fees collected pursuant to this subsection shall
1340	be deposited into the General Inspection Trust Fund and shall be
1341	used by the department to implement this subsection.
1342	(e)  In addition to any other penalty provided by this part
1343	chapter, the registrant of any pesticide found to be
1344	adulterated, misbranded, or otherwise deficient shall reimburse
1345	the person requesting the pesticide analysis under this
1346	subsection for all fees assessed by and paid to the department.
1347	Section 35.  Subsections (2), (3), and (4) of section
1348	487.081, Florida Statutes, are amended to read:
1349	487.081  Exemptions.--
1350	(2)  No article shall be deemed in violation of this part
1351	chapter when intended solely for export to a foreign country and
1352	when prepared or packed according to the specifications or
1353	directions of the purchaser.
1354	(3)  Notwithstanding any other provision of this part
1355	chapter, registration required under this part chapter is not
1356	required in the case of a pesticide stored or shipped from one
1357	manufacturing plant within this state to another manufacturing
1358	plant within this state operated by the same person.
1359	(4)  Nothing in this part chapter shall be construed to
1360	apply to persons duly licensed or certified under chapter 388 or
1361	chapter 482 performing any pest control or other operation for
1362	which they are licensed or certified under those chapters.
1363	Section 36.  Subsection (2) of section 487.091, Florida
1364	Statutes, is amended to read:
1365	487.091  Tolerances, deficiencies, and penalties.--
1366	(2)  If a pesticide is found by analysis to be deficient in
1367	an active ingredient beyond the tolerance as provided in this
1368	part chapter, the registrant is subject to a penalty for the
1369	deficiency, not to exceed $10,000 per violation. However, no
1370	penalty shall be assessed when the official sample was taken
1371	from a pesticide that was in the possession of a consumer for
1372	more than 45 days from the date of purchase by that consumer, or
1373	when the product label specifies that the product should be used
1374	by an expiration date that has passed. Procedures for assessing
1375	penalties shall be established by rule, based on the degree of
1376	the deficiency. Penalties assessed shall be paid to the consumer
1377	or, in the absence of a known consumer, the department. If the
1378	penalty is not paid within the prescribed period of time as
1379	established by rule, the department may deny, suspend, or revoke
1380	the registration of any pesticide.
1381	Section 37.  Section 487.101, Florida Statutes, is amended
1382	to read:
1383	487.101  Stop-sale, stop-use, removal, or hold orders.--
1384	(1)  When a pesticide or device is being offered or exposed
1385	for sale, used, or held in violation of any of the provisions of
1386	this part chapter, the department may issue and enforce a stop-
1387	sale, stop-use, removal, or hold order, in writing, to the owner
1388	or custodian of the pesticide or device, ordering that the
1389	pesticide or device be held at a designated place until the part
1390	chapter has been complied with and the pesticide or device is
1391	released, in writing, by the department or the violation has
1392	been disposed of by court order.
1393	(2)  The written notice is warning to all persons,
1394	including, but not limited to, the owner or custodian of the
1395	pesticide or the owner's or custodian's agents or employees, to
1396	scrupulously refrain from moving, bothering, altering, or
1397	interfering with the pesticide or device or from altering,
1398	defacing, or in any way interfering with the written notice or
1399	permitting the same to be done. The willful violation of these
1400	provisions is a misdemeanor, subjecting the violator to the
1401	penalty provisions of this part chapter.
1402	(3)  The department shall release the pesticide or device
1403	under a stop-sale, stop-use, removal, or hold order when the
1404	owner or custodian complies with the provisions of this part
1405	chapter.
1406	(4)  The owner or custodian, with authorization and
1407	supervision of the department, may relabel the pesticide or
1408	device so that the label will conform to the product, or
1409	transfer and return the product to the manufacturer or supplier
1410	for the purpose of bringing the product in compliance with the
1411	provisions of this part chapter.
1412	Section 38.  Subsection (1) of section 487.111, Florida
1413	Statutes, is amended to read:
1414	487.111  Seizure, condemnation, and sale.--
1415	(1)  Any lot of pesticide or device not in compliance with
1416	the provisions of this part chapter is subject to seizure on
1417	complaint of the department to the circuit court in the county
1418	in which the pesticide or device is located. In the event the
1419	court finds the pesticide or device in violation of this part
1420	chapter and orders it condemned, it shall be disposed of as the
1421	court may direct; provided that in no instance shall the
1422	disposition of the pesticide or device be ordered by the court
1423	without first giving the owner or custodian an opportunity to
1424	apply to the court for release of the pesticide or device or for
1425	permission to process or relabel it to bring it into compliance
1426	with this part chapter.
1427	Section 39.  Section 487.13, Florida Statutes, is amended
1428	to read:
1429	487.13  Cooperation.--The department is authorized and
1430	empowered to cooperate with and enter into agreements with any
1431	other agency of this state, the United States Department of
1432	Agriculture, the United States Environmental Protection Agency,
1433	and any other state or federal agency for the purpose of
1434	carrying out the provisions of this part chapter and securing
1435	uniformity of regulations.
1436	Section 40.  Section 487.156, Florida Statutes, is amended
1437	to read:
1438	487.156  Governmental agencies.--All governmental agencies
1439	shall be subject to the provisions of this part chapter and
1440	rules adopted under this part chapter. Public applicators using
1441	or supervising the use of restricted-use pesticides shall be
1442	subject to examination as provided in s. 487.044.
1443	Section 41.  Subsection (1) of section 487.159, Florida
1444	Statutes, is amended to read:
1445	487.159  Damage or injury to property, animal, or person;
1446	mandatory report of damage or injury; time for filing; failure
1447	to file.--
1448	(1)  The person claiming damage or injury to property,
1449	animal, or human beings from application of a pesticide shall
1450	file with the department a written statement claiming damages,
1451	on a form prescribed by the department, within 48 hours after
1452	the damage or injury becomes apparent. The statement shall
1453	contain, but shall not be limited to, the name of the person
1454	responsible for the application of the pesticide, the name of
1455	the owner or lessee of the land on which the crop is grown and
1456	for which the damages are claimed, and the date on which it is
1457	alleged that the damages occurred. The department shall
1458	investigate the alleged damages and notify all concerned parties
1459	of its findings. If the findings reveal a violation of the
1460	provisions of this part chapter, the department shall determine
1461	an appropriate penalty, as provided in this part chapter. The
1462	filing of a statement or the failure to file such a statement
1463	need not be alleged in any complaint which might be filed in a
1464	court of law, and the failure to file the statement shall not be
1465	considered any bar to the maintenance of any criminal or civil
1466	action.
1467	Section 42.  Section 487.161, Florida Statutes, is amended
1468	to read:
1469	487.161  Exemptions, nonagricultural pest control and
1470	research.--
1471	(1)  Any person duly licensed or certified under chapter
1472	482, or under the supervision of chapter 388, is exempted from
1473	the licensing provisions of this part chapter.
1474	(2)  The use of the antibiotic oxytetracycline
1475	hydrochloride for the purpose of controlling lethal yellowing is
1476	exempted from the licensing provisions of this part chapter.
1477	(3)  The personnel of governmental, university, or
1478	industrial research agencies are exempted from the provisions of
1479	this part chapter when doing applied research within a
1480	laboratory, but shall comply with all the provisions of this
1481	part chapter when applying restricted-use pesticides to
1482	experimental or demonstration plots.
1483	Section 43.  Section 487.163, Florida Statutes, is amended
1484	to read:
1485	487.163  Information; interagency cooperation.--
1486	(1)  The department may, in cooperation with the University
1487	of Florida or other agencies of government, publish information
1488	and conduct short courses of instruction in the safe use and
1489	application of pesticides for the purpose of carrying out the
1490	provisions of this part chapter.
1491	(2)  The department may cooperate or enter into formal
1492	agreements with any other agency or educational institution of
1493	this state or its subdivisions or with any agency of any other
1494	state or of the Federal Government for the purpose of carrying
1495	out the provisions of this part chapter and of securing
1496	uniformity of regulations.
1497	Section 44.  Subsections (1), (2), and (3) of section
1498	487.171, Florida Statutes, are amended to read:
1499	487.171  Classification of antifouling paint containing
1500	organotin compounds as restricted-use pesticides; prohibition of
1501	distribution and sale.--
1502	(1)  The department shall classify antifouling paints
1503	containing organotin compounds having an acceptable release rate
1504	as restricted-use pesticides subject to the requirements of this
1505	part chapter. Antifouling paints containing organotin having
1506	acceptable release rates and sold in spray cans of 16 ounces
1507	avoirdupois weight or less for outboard motor or lower unit use
1508	are exempt from the restricted-use pesticide classification
1509	requirement.
1510	(2)  The department shall initiate action under chapter
1511	120, to deny or cancel the registration of antifouling paints
1512	containing organotin compounds which do not have an acceptable
1513	release rate or do not meet other criteria established by the
1514	department in accordance with this part chapter.
1515	(3)  Distribution, sale, and use of antifouling paints
1516	containing organotin compounds with acceptable release rates
1517	shall be limited to dealers and applicators licensed by the
1518	department in accordance with this part chapter, to distribute,
1519	sell, or use restricted-use pesticides. Such paint may be
1520	applied only by licensed applicators and may be applied only to
1521	vessels which exceed 25 meters in length or which have aluminum
1522	hulls.
1523	Section 45.  Section 487.175, Florida Statutes, is amended
1524	to read:
1525	487.175  Penalties; administrative fine; injunction.--
1526	(1)  In addition to any other penalty provided in this part
1527	chapter, when the department finds any person, applicant, or
1528	licensee has violated any provision of this part chapter or rule
1529	adopted under this part chapter, it may enter an order imposing
1530	any one or more of the following penalties:
1531	(a)  Denial of an application for licensure.
1532	(b)  Revocation or suspension of a license.
1533	(c)  Issuance of a warning letter.
1534	(d)  Placement of the licensee on probation for a specified
1535	period of time and subject to conditions the department may
1536	specify by rule, including requiring the licensee to attend
1537	continuing education courses, to demonstrate competency through
1538	a written or practical examination, or to work under the direct
1539	supervision of another licensee.
1540	(e)  Imposition of an administrative fine not to exceed
1541	$10,000 for each violation. When imposing any fine under this
1542	paragraph, the department shall consider the degree and extent
1543	of harm caused by the violation, the cost of rectifying the
1544	damage, the amount of money the violator benefited from by
1545	noncompliance, whether the violation was committed willfully,
1546	and the compliance record of the violator.
1547	(2)  Any person who violates any provision of this part
1548	chapter or rules adopted pursuant thereto commits a misdemeanor
1549	of the second degree and upon conviction is punishable as
1550	provided in s. ss. 775.082 or s. and 775.083. For a subsequent
1551	violation, such person commits a misdemeanor of the first degree
1552	and upon conviction is punishable as provided in s. ss. 775.082
1553	or s. and 775.083.
1554	(3)  In addition to the remedies provided in this part
1555	chapter and notwithstanding the existence of any adequate remedy
1556	at law, the department may bring an action to enjoin the
1557	violation or threatened violation of any provision of this part
1558	chapter, or rule adopted under this part chapter, in the circuit
1559	court of the county in which the violation occurred or is about
1560	to occur. Upon the department's presentation of competent and
1561	substantial evidence to the court of the violation or threatened
1562	violation, the court shall immediately issue the temporary or
1563	permanent injunction sought by the department. The injunction
1564	shall be issued without bond. A single act in violation of any
1565	provision of this part chapter shall be sufficient to authorize
1566	the issuance of an injunction.
1567	Section 46.  Subsection (1) of section 482.242, Florida
1568	Statutes, is amended to read:
1569	482.242  Preemption.--
1570	(1)  This chapter is intended as comprehensive and
1571	exclusive regulation of pest control in this state. The
1572	provisions of this chapter preempt to the state all regulation
1573	of the activities and operations of pest control services,
1574	including the pesticides used pursuant to labeling and
1575	registration approved under part I of chapter 487. No local
1576	government or political subdivision of the state may enact or
1577	enforce an ordinance that regulates pest control, except that
1578	the preemption in this section does not prohibit a local
1579	government or political subdivision from enacting an ordinance
1580	regarding any of the following:
1581	(a)  Local occupational licenses adopted pursuant to
1582	chapter 205.
1583	(b)  Land development regulations adopted pursuant to
1584	chapter 163 which include regulation of any aspect of
1585	development, including a subdivision, building construction,
1586	sign regulation or any other regulation concerning the
1587	development of land, or landscaping or tree protection
1588	ordinances which do not include pesticide application
1589	restrictions.
1590	(c)  Regulations that:
1591	1.  Require, for multicomplex dwellings in excess of 10
1592	units, annual termite inspections for termite activity or
1593	damage, including Formosan termites, which must be performed by
1594	a person licensed under this chapter.
1595	2.  Require pest control treatments of structures that have
1596	termite activity or damage which must be performed by a person
1597	licensed under this chapter.
1598	3.  Require property owners or other persons to obtain
1599	inspections or pest control treatments performed by a person
1600	licensed under this chapter.
1601
1602	An ordinance by a local government or political subdivision
1603	which requires an annual inspection or pest control treatment
1604	must conform to current law.
1605	(d)  Protection of wellhead protection areas and high
1606	recharge areas.
1607	(e)  Hazardous materials reporting as set forth in part II
1608	of chapter 252, storage, and containment including as relating
1609	to stormwater management.
1610	(f)  Hazardous material unlawful discharge and disposal.
1611	(g)  Hazardous materials remediation.
1612	Section 47.  Section 487.2011, Florida Statutes, is created
1613	to read:
1614	487.2011  Popular name; administration.--This part may be
1615	known by the popular name the "Florida Agricultural Worker
1616	Safety Act" and shall be administered by the Department of
1617	Agriculture and Consumer Services.
1618	Section 48.  Section 487.2021, Florida Statutes, is created
1619	to read:
1620	487.2021  Legislative intent.--It is the intent of the
1621	Legislature to ensure that agricultural workers employed in the
1622	state receive protection from agricultural pesticides. The
1623	Legislature intends to ensure that agricultural workers be given
1624	information concerning agricultural pesticides.
1625	Section 49.  Section 487.2031, Florida Statutes, is created
1626	to read:
1627	487.2031  Definitions.--For the purposes of this part, the
1628	term:
1629	(1)  "Agricultural employer" means any person who hires or
1630	contracts for the services of workers to perform activities
1631	related to the production of agricultural plants or any person
1632	who is an owner of, or responsible for, the management or
1633	condition of an agricultural establishment that uses such
1634	workers.
1635	(2)  "Agricultural establishment" means any farm, forest,
1636	nursery, or greenhouse.
1637	(3)  "Agricultural plant" means any plant grown or
1638	maintained for commercial or research purposes and includes, but
1639	is not limited to, food, feed, fiber plants, trees, turfgrass,
1640	flowers, shrubs, ornamentals, and seedlings.
1641	(4)  "Department" means the Department of Agriculture and
1642	Consumer Services.
1643	(5)  "Designated representative" means any organization or
1644	person to whom a worker gives written authorization to exercise
1645	the right to request the agricultural pesticide information
1646	pursuant to this part.
1647	(6)  "Fact sheet" means an agricultural pesticide fact
1648	sheet approved by the state or federal government that provides
1649	information about the impacts of the use of an agricultural
1650	pesticide.
1651	(7)  "Material safety data sheet" means written or printed
1652	material concerning an agricultural pesticide that sets forth
1653	the following information:
1654	(a)  The chemical name and the common name of the
1655	agricultural pesticide.
1656	(b)  The hazards or other risks in the use of the
1657	agricultural pesticide, including:
1658	1.  The potential for fire, explosions, corrosivity, and
1659	reactivity.
1660	2.  The known acute health effects and chronic health
1661	effects of exposure to the agricultural pesticide, including
1662	those medical conditions that are generally recognized as being
1663	aggravated by exposure to the agricultural pesticide.
1664	3.  The primary routes of entry and symptoms of
1665	overexposure.
1666	(c)  The proper handling practices, necessary personal
1667	protective equipment, and other proper or necessary safety
1668	precautions in circumstances that involve the use of or exposure
1669	to the agricultural pesticide, including appropriate emergency
1670	treatment in case of overexposure.
1671	(d)  The emergency procedures for spills, fire, disposal,
1672	and first aid.
1673	(e)  A description of the known specific potential health
1674	risks posed by the agricultural pesticide, which is written in
1675	lay terms and is intended to alert any person who reads the
1676	information.
1677	(f)  The year and month, if available, that the information
1678	was compiled and the name, address, and emergency telephone
1679	number of the manufacturer responsible for preparing the
1680	information.
1681	(8)  "Retaliatory action" means an action, such as
1682	dismissal, demotion, harassment, blacklisting with other
1683	employers, reducing pay or work hours, or taking away company
1684	housing, that is taken by any agricultural employer against a
1685	worker who exercises any right under the provisions of the
1686	United States Environmental Protection Agency Worker Protection
1687	Standard, 40 C.F.R. s. 1707(b), or this part.
1688	(9)  "Trainer" means any person who is qualified to train
1689	workers under the pesticide safety training requirements of the
1690	United States Environmental Protection Agency Worker Protection
1691	Standard, 40 C.F.R. s. 170.130.
1692	(10)  "Worker" means any person, including a farmworker or
1693	a self-employed person, who receives any type of compensation
1694	for employment that involves tasks relating to the production of
1695	agricultural plants on an agricultural establishment. The term
1696	"worker" does not include any person employed by a commercial
1697	pesticide handling establishment to perform tasks as a crop
1698	advisor.
1699	Section 50.  Section 487.2041, Florida Statutes, is created
1700	to read:
1701	487.2041  Enforcement of federal worker protection
1702	regulations.--The department shall, to the extent that resources
1703	are available, continue to operate under the United States
1704	Environmental Protection Agency regulations regarding the
1705	Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
1706	156, and the Worker Protection Standard, 40 C.F.R. part 170,
1707	which the department adopted by rule during the 1995-1996 fiscal
1708	year and published in the Florida Administrative Code. Any
1709	provision of this part not preempted by federal law shall
1710	continue to apply.
1711	Section 51.  Section 487.2051, Florida Statutes, is created
1712	to read:
1713	487.2051  Availability of agricultural pesticide
1714	information to workers and medical personnel.--
1715	(1)  An agricultural employer shall make available
1716	agricultural pesticide information concerning any agricultural
1717	pesticide to any worker:
1718	(a)  Who enters an agricultural-pesticide-treated area on
1719	an agricultural establishment where:
1720	1.  An agricultural pesticide has been applied within 30
1721	days of that entry; or
1722	2.  A restricted-entry interval has been in effect; or
1723	(b)  Who may be exposed to the agricultural pesticide
1724	during normal conditions of use or in a foreseeable emergency.
1725	(2)  The agricultural pesticide information provided
1726	pursuant to subsection (1) must be in the form of a fact sheet
1727	or a material safety data sheet. The agricultural employer shall
1728	provide a written copy of the information provided pursuant to
1729	subsection (1) within 2 working days after a request for the
1730	information by a worker or a designated representative. In the
1731	case of a pesticide-related medical emergency, the agricultural
1732	employer shall provide a written copy of the information
1733	promptly upon the request of the worker, the designated
1734	representative, or medical personnel treating the worker.
1735	(3)  Upon the initial purchase of a product and with the
1736	first purchase after the material safety data sheet is updated,
1737	the distributor, manufacturer, or importer of agricultural
1738	pesticides shall obtain or develop and provide each direct
1739	purchaser of an agricultural pesticide with a material safety
1740	data sheet. If the material safety data sheet or fact sheet for
1741	the agricultural pesticide is not available when the
1742	agricultural pesticide is purchased, the agricultural employer
1743	shall take appropriate and timely steps to obtain the material
1744	safety data sheet or fact sheet from the distributor, the
1745	manufacturer, the department, a federal agency, or another
1746	distribution source.
1747	(4)  The department shall produce and make available to a
1748	trainer a one-page general agricultural pesticide safety sheet.
1749	The safety sheet must be in a language understandable to the
1750	worker and must include, but need not be limited to, illustrated
1751	instructions on preventing agricultural pesticide exposure and
1752	toll-free telephone numbers to the Florida Poison Control
1753	Centers. The trainer shall provide the safety sheet to the
1754	worker pursuant to the United States Environmental Protection
1755	Agency Worker Protection Standard, 40 C.F.R. s. 170.130.
1756	Section 52.  Section 487.2061, Florida Statutes, is created
1757	to read:
1758	487.2061  Prohibited acts.--Any person covered by this part
1759	may not:
1760	(1)  Fail to provide agricultural pesticide information as
1761	required in this part; or
1762	(2)  Take retaliatory action.
1763	Section 53.  Section 487.2071, Florida Statutes, is created
1764	to read:
1765	487.2071  Penalties against violators; worker relief;
1766	monitoring complaints of retaliation.--
1767	(1)  Penalties set forth in this part shall be applied to
1768	any person who violates this part. A persons who violates this
1769	part is subject to federal penalties as provided in the United
1770	States Environmental Protection Agency Worker Protection
1771	Standard, 40 C.F.R. s. 170.9(b).
1772	(2)  A worker who has been subject to retaliatory action
1773	and seeks relief under this section may file a complaint with
1774	the department.
1775	(3)  In any action brought pursuant to this section that
1776	involves retaliatory action, if the retaliatory action is
1777	predicated on the disclosure by a worker of an illegal action,
1778	policy, or practice of any person covered by this part to an
1779	appropriate governmental agency, the worker may not be required
1780	to show that the disclosure was under oath or in writing or that
1781	the worker notified the employer in writing of the illegal
1782	action, policy, or practice.
1783	(4)  The department shall monitor all complaints of
1784	retaliation that it receives and report its findings to the
1785	President of the Senate and the Speaker of the House of
1786	Representatives on or before October 1, 2008. The report shall
1787	include the number of such complaints received, the
1788	circumstances surrounding the complaints, and the actions taken
1789	concerning the complaints.
1790	Section 54.  Paragraph (x) of subsection (1) of section
1791	500.03, Florida Statutes, is amended to read:
1792	500.03  Definitions; construction; applicability.--
1793	(1)  For the purpose of this chapter, the term:
1794	(x)  "Pesticide chemical" means any substance which, alone,
1795	in chemical combination, or in formulation with one or more
1796	other substances is a "pesticide" within the meaning of the
1797	Florida Pesticide Law, part I of chapter 487, and which is used
1798	in the production, storage, or transportation of raw
1799	agricultural commodities.
1800	Section 55.  Subsections (1) and (6) of section 570.44,
1801	Florida Statutes, are amended to read:
1802	570.44  Division of Agricultural Environmental Services;
1803	powers and duties.--The duties of the Division of Agricultural
1804	Environmental Services include, but are not limited to:
1805	(1)  Inspecting and drawing samples of: commercial feeds
1806	offered for sale in this state and enforcing those provisions of
1807	chapter 580 authorized by the department; seeds offered for sale
1808	in this state and enforcing those provisions of chapter 578
1809	authorized by the department; certified seed grown in this
1810	state; fertilizers offered for sale in this state and enforcing
1811	those provisions of chapter 576 authorized by the department;
1812	and pesticides offered for sale in this state, and soil and
1813	water in this state for the presence of pesticides, and
1814	enforcing those provisions of part I of chapter 487 authorized
1815	by the department.
1816	(6)  Analyzing samples of pesticide formulations offered
1817	for sale in this state and tank mix, soil, water, and other
1818	environmental samples related to pesticide use investigations,
1819	as required under part I of chapter 487.
1820	Section 56.  Subsection (7) of section 440.16, Florida
1821	Statutes, is amended to read:
1822	440.16  Compensation for death.--
1823	(7)  Compensation under this chapter to aliens not
1824	residents (or about to become nonresidents) of the United States
1825	or Canada shall be the same in amount as provided for residents,
1826	except that dependents in any foreign country shall be limited
1827	to surviving spouse and child or children, or if there be no
1828	surviving spouse or child or children, to surviving father or
1829	mother whom the employee has supported, either wholly or in
1830	part, for the period of 1 year prior to the date of the injury,
1831	and except that the judge of compensation claims may, at the
1832	option of the judge of compensation claims, or upon the
1833	application of the insurance carrier, commute all future
1834	installments of compensation to be paid to such aliens by paying
1835	or causing to be paid to them one-half of the commuted amount of
1836	such future installments of compensation as determined by the
1837	judge of compensation claims, and provided further that
1838	compensation to dependents referred to in this subsection shall
1839	in no case exceed $75,000.
1840	Section 57.  The Division of Statutory Revision is
1841	requested to designate sections 487.011-487.175, Florida
1842	Statutes, as part I of chapter 487, entitled the "Florida
1843	Pesticide Law," and sections 487.2011-487.2071, Florida
1844	Statutes, as created by this act, as part II of that chapter,
1845	entitled the "Florida Agricultural Worker Safety Act."
1846	Section 58.  For the 2004-2005 fiscal year, the sum of
1847	$300,000 is appropriated from the General Revenue Fund, and four
1848	positions are authorized, to the Department of Agriculture and
1849	Consumer Services for the purpose of conducting regulatory,
1850	training, and outreach activities related to migrant labor.
1851	Section 59.  This act shall take effect July 1, 2004.

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