HB 1661

1	A bill to be entitled
2	An act relating to worker safety with respect to
3	agricultural pesticides; creating s. 487.2011, F.S.;
4	providing a popular name; providing for administration by
5	the Department of Agriculture and Consumer Services;
6	creating s. 487.2021, F.S.; declaring legislative intent;
7	creating s. 487.2031, F.S.; defining terms; creating s.
8	487.2041, F.S.; providing for enforcement of federal
9	worker protection regulations; creating s. 487.2051, F.S.;
10	requiring agricultural employers to make agricultural
11	pesticide information available to workers and medical
12	personnel; requiring distributors, manufacturers, or
13	importers of agricultural pesticides to provide certain
14	information; requiring the Department of Agriculture and
15	Consumer Services to make certain agricultural pesticide
16	safety information available; creating s. 487.2061, F.S.;
17	prohibiting agricultural employers from failing to provide
18	required information and from taking retaliatory action
19	against workers for exercising their rights; creating s.
20	487.2071, F.S.; providing for application of certain
21	penalties; authorizing workers to seek relief for certain
22	retaliation; providing procedures; requiring the
23	department to monitor retaliation complaints and submit a
24	report to the Legislature; amending ss. 487.011, 487.012,
25	487.021, 487.025, 487.031, 487.041, 487.0435, 487.045,
26	487.046, 487.047, 487.049, 487.051, 487.0615, 487.071,
27	487.081, 487.091, 487.101, 487.111, 487.13, 487.156,
28	487.159, 487.161, 487.163, 487.171, and 487.175, F.S.;
29	changing the term "chapter" to "part" to conform to the
30	act; amending ss. 403.088, 482.242, 500.03, and 570.44,
31	F.S.; conforming references; providing a directive to the
32	Division of Statutory Revision to designate ss. 487.011-
33	487.175, F.S., and ss. 487.2011-487.2071, F.S., as parts I
34	and II of ch. 487, F.S., respectively; providing an
35	effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Section 487.2011, Florida Statutes, is created
40	to read:
41	487.2011  Part title; administration.--This part may be
42	popularly known as the "Florida Agricultural Worker Safety Act"
43	and shall be administered by the Department of Agriculture and
44	Consumer Services.
45	Section 2.  Section 487.2021, Florida Statutes, is created
46	to read:
47	487.2021  Legislative intent.--It is the intent of the
48	Legislature to ensure that agricultural workers employed in the
49	state receive protection from agricultural pesticides. The
50	Legislature intends to ensure that agricultural workers be given
51	information concerning agricultural pesticides.
52	Section 3.  Section 487.2031, Florida Statutes, is created
53	to read:
54	487.2031  Definitions.--For purposes of this part, the
55	term:
56	(1)  "Agricultural employer" means any person who hires or
57	contracts for the services of workers, for any type of
58	compensation, to perform activities related to the production of
59	agricultural plants, or any person who is an owner of or is
60	responsible for the management or condition of an agricultural
61	establishment that uses such workers.
62	(2)  "Agricultural establishment" means any farm, forest,
63	nursery, or greenhouse.
64	(3)  "Agricultural plant" means any plant grown or
65	maintained for commercial or research purposes and includes, but
66	is not limited to, food, feed, fiber plants, trees, turfgrass,
67	flowers, shrubs, ornamentals, and seedlings.
68	(4)  "Department" means the Department of Agriculture and
69	Consumer Services or its authorized representative.
70	(5)  "Designated representative" means any immediate family
71	member, health service provider, coworker, or language
72	interpreter to whom a worker gives written authorization to
73	exercise the right to request the agricultural pesticide
74	information pursuant to this part.
75	(6)  "Fact sheet" means any state or federally approved
76	fact sheet.
77	(7)  "Material safety data sheet" means written or printed
78	material concerning an agricultural pesticide which sets forth
79	the following information:
80	(a)  The chemical name and the common name of the
81	agricultural pesticide.
82	(b)  The hazards or other risks in the use of the
83	agricultural pesticide, including:
84	1.  The potential for fire, explosions, corrosivity, and
85	reactivity.
86	2.  The known acute health effects and chronic health
87	effects of exposure to the agricultural pesticide, including
88	those medical conditions which are generally recognized as being
89	aggravated by exposure to the agricultural pesticide.
90	3.  The primary routes of entry and symptoms of
91	overexposure.
92	(c)  The proper precautions, handling practices, necessary
93	personal protective equipment, and other safety precautions in
94	the use of or exposure to the agricultural pesticide, including
95	appropriate emergency treatment in case of overexposure.
96	(d)  The emergency procedures for spills, fire, disposal,
97	and first aid.
98	(e)  A description of the known specific potential health
99	risks posed by the agricultural pesticide, which description is
100	written in lay terms and is intended to alert any person who
101	reads the information.
102	(f)  The year and the month, if available, that the
103	information was compiled and the name, address, and emergency
104	telephone number of the manufacturer responsible for preparing
105	the information.
106	(8)  "Retaliation" means actions, such as dismissal,
107	demotion, harassment, blacklisting with other employers,
108	reducing pay or work hours, or taking away company housing, by
109	any agricultural employer against any worker who exercises any
110	right under the United States Environmental Protection Agency
111	Worker Protection Standard, 40 C.F.R. s. 170.7(b), or this part.
112	(9)  "Trainer" means any person who qualifies to train
113	workers under the pesticide safety training requirements of the
114	United States Environmental Protection Agency Worker Protection
115	Standard, 40 C.F.R. s. 170.130.
116	(10)  "Worker" means any person, including a farmworker or
117	a self-employed person, who is employed for any type of
118	compensation and who is performing activities relating to the
119	production of agricultural plants on an agricultural
120	establishment. The term "worker" does not include any person
121	employed by a commercial pesticide handling establishment to
122	perform tasks as a crop advisor.
123	Section 4.  Section 487.2041, Florida Statutes, is created
124	to read:
125	487.2041  Enforcement of federal worker protection
126	regulations.--The department shall continue, to the extent that
127	resources are available, to operate under the regulations
128	established by the United States Environmental Protection Agency
129	Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
130	156, and the Worker Protection Standard, 40 C.F.R. part 170,
131	which the department adopted by rule during the 1995-1996 fiscal
132	year and published in the Florida Administrative Code. Any
133	provision of this part not preempted by federal law shall
134	continue to apply.
135	Section 5.  Section 487.2051, Florida Statutes, is created
136	to read:
137	487.2051  Availability of agricultural pesticide
138	information to workers and medical personnel.--
139	(1)(a)  The agricultural employer shall make available,
140	upon request, agricultural pesticide information concerning any
141	agricultural pesticide to any worker who enters an agricultural
142	pesticide treated area on an agricultural establishment where,
143	within the last 30 days, an agricultural pesticide has been
144	applied or a restricted-entry interval has been in effect or to
145	any worker who may be exposed to the agricultural pesticide
146	during normal conditions of use or in a foreseeable emergency.
147	(b)  The agricultural pesticide information shall be in the
148	form of a material safety data sheet or a state or federally
149	approved fact sheet. The agricultural employer shall provide a
150	written copy of the information specified in this section within
151	2 working days after a request for the information by a worker
152	or a designated representative of the worker. In case of a
153	pesticide-related medical emergency, the information shall be
154	provided promptly upon request to the worker or medical
155	personnel treating the worker.
156	(c)  The distributor, manufacturer, or importer of
157	agricultural pesticides shall prepare and provide each direct
158	purchaser of agricultural pesticides with a material safety data
159	sheet. If the material safety data sheet or fact sheet for the
160	agricultural pesticide is not available at the time the
161	agricultural pesticide is purchased, the agricultural employer
162	shall take appropriate and timely steps to obtain the material
163	safety data sheet or fact sheet from the distributor, the
164	manufacturer, the department, a federal agency, or another
165	distribution source.
166	(2)  The department shall make available to a trainer a
167	one-page general agricultural pesticide safety sheet designed by
168	the department. The safety sheet must be in a language
169	understandable to the worker and must include, but is not
170	limited to, illustrated instructions on prevention of
171	agricultural pesticide exposure and toll-free numbers to the
172	Florida Poison Control Centers. The trainer shall provide the
173	safety sheet to the worker pursuant to the United States
174	Environmental Protection Agency Worker Protection Standard, 40
175	C.F.R. s. 170.130.
176	Section 6.  Section 487.2061, Florida Statutes, is created
177	to read:
178	487.2061  Prohibited acts.--It is unlawful for any
179	agricultural employer to:
180	(1)  Fail to provide agricultural pesticide information as
181	provided for in this part.
182	(2)  Take any retaliatory action against any worker for
183	exercising any right under the provisions of the United States
184	Environmental Protection Agency Worker Protection Standard, 40
185	C.F.R. s. 170.7(b), or this part.
186	Section 7.  Section 487.2071, Florida Statutes, is created
187	to read:
188	487.2071  Penalties against agricultural employer
189	violators; worker relief; monitoring complaints of
190	retaliation.--
191	(1)  Penalties set forth in part I of this chapter shall be
192	applied to any agricultural employer who violates any provision
193	in this part. Agricultural employers who violate the provisions
194	of this part also shall be subject to the federal penalties in
195	the United States Environmental Protection Agency Worker
196	Protection Standard, 40 C.F.R. s. 170.9(b).
197	(2)(a)  Any worker who has been retaliated against by any
198	agricultural employer for exercising any right under the United
199	States Environmental Protection Agency Worker Protection
200	Standard, 40 C.F.R. s. 170.7(b), or this part and seeks relief
201	shall file a complaint with the department of such retaliation.
202	(b)  In any action brought pursuant to this section where
203	the retaliatory personnel action is predicated upon the
204	disclosure of an illegal activity, policy, or practice to an
205	appropriate governmental agency, the worker shall not be
206	required to show that the disclosure to the governmental agency
207	was under oath or in writing or that the notification to the
208	employer concerning the illegal activity, policy, or practice
209	was in writing as provided in s. 448.102(1).
210	(3)  The department shall monitor all complaints of
211	retaliation which it receives and report its findings to the
212	President of the Senate and the Speaker of the House of
213	Representatives on or before October 1, 2008. The report shall
214	include the number of such complaints received, the
215	circumstances surrounding the complaints, and the action taken
216	concerning the complaints.
217	Section 8.  Section 487.011, Florida Statutes, is amended
218	to read:
219	487.011  Part Short title; administration.--This part
220	chapter may be popularly known cited as the "Florida Pesticide
221	Law" and shall be administered by the Department of Agriculture
222	and Consumer Services.
223	Section 9.  Section 487.012, Florida Statutes, is amended
224	to read:
225	487.012  Declaration of purpose.--The purpose of this part
226	chapter is to regulate the distribution, sale, and use of
227	pesticides, except as provided in chapters 388 and 482, and to
228	protect people and the environment from the adverse effects of
229	pesticides.
230	Section 10.  Section 487.021, Florida Statutes, is amended
231	to read:
232	487.021  Definitions.--For the purpose of this part
233	chapter:
234	(1)  "Acceptable release rate" means a measured release
235	rate not exceeding 4.0 micrograms per square centimeter per day
236	at steady state conditions as determined in accordance with a
237	United States Environmental Protection Agency testing data call-
238	in notice of July 29, 1986, on tributyltin in antifouling paints
239	under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
240	U.S.C. s. 136, or at a rate established by the department.
241	(2)  "Active ingredient" means:
242	(a)  In the case of a pesticide other than a plant
243	regulator, defoliant, or desiccant, an ingredient which will
244	prevent, destroy, repel, or mitigate insects, nematodes, fungi,
245	rodents, weeds, or other pests.
246	(b)  In the case of a plant regulator, an ingredient which,
247	through physiological action, will accelerate or retard the rate
248	of growth or rate of maturation, or otherwise alter the
249	behavior, of ornamental or crop plants or the produce thereof.
250	(c)  In the case of a defoliant, an ingredient which will
251	cause the leaves or foliage to drop from a plant.
252	(d)  In the case of a desiccant, an ingredient which will
253	artificially accelerate the drying of plant tissue.
254	(3)  "Added ingredient" means any plant nutrient or plant
255	regulator added to the mixture which is not an active pesticidal
256	ingredient, but which the manufacturer wishes to show on the
257	label.
258	(4)  "Adulterated" applies to any pesticide if its strength
259	or purity falls below or is in excess of the professed standard
260	of quality as expressed on labeling or under which it is sold,
261	if any substance has been substituted wholly or in part for the
262	pesticide or if any valuable constituent of the pesticide has
263	been wholly or in part abstracted.
264	(5)  "Advertisement" means all representations disseminated
265	in any manner or by any means other than by labeling, for the
266	purpose of inducing, or which are likely to induce, directly or
267	indirectly, the purchase of pesticides.
268	(6)  "Age of majority" means any natural person 18 years of
269	age or older, or an emancipated minor.
270	(7)  "Aircraft" means any machine designed for flight and
271	for use in applying pesticides.
272	(8)  "Animal" means all vertebrate and invertebrate
273	species, including, but not limited to, humans and other
274	mammals, birds, fish, and shellfish.
275	(9)  "Antidote" means the most practical immediate
276	treatment for poisoning and includes first aid treatment.
277	(10)  "Antifouling paint" means a coating, paint, or
278	treatment that is intended for use as a pesticide, as defined in
279	this section, to control freshwater or marine fouling organisms.
280	(11)  "Antisiphon device" means a safety device used to
281	prevent the backflow of a mixture of water and chemicals into
282	the water supply.
283	(12)  "Batch" or "lot" means a quantity of pesticide
284	produced or packaged and readily identified by numbers, letters,
285	or other symbols.
286	(13)  "Brand" means the name, number, trademark, or any
287	other designation which distinguishes one pesticide product from
288	another.
289	(14)  "Certification" means the recognition by the
290	department that an individual is a competent pesticide
291	applicator and, thus, is eligible for licensure in one or more
292	of the designated license types and categories.
293	(15)  "Certified applicator" means any individual who has
294	been recognized by the department as a competent pesticide
295	applicator and, thus, is eligible to apply for licensure in one
296	or more of the designated license types and categories.
297	(16)  "Commercial applicator" means an individual who has
298	reached the age of majority and is licensed by the department to
299	use or supervise the use of any restricted-use pesticide for any
300	purpose on any property other than as provided by the
301	definitions of "private applicator," "product specific
302	applicator," or "public applicator," whether or not the
303	individual is a private applicator with respect to some uses.
304	(17)  "Dealer" means any person, other than the
305	manufacturer or distributor, who offers for sale, sells,
306	barters, or otherwise supplies pesticides to the ultimate user
307	or consumer.
308	(18)  "Deficiency" means the amount of an active ingredient
309	of a pesticide by which it fails to come up to its guaranteed
310	analysis when analyzed.
311	(19)  "Defoliant" means any substance or mixture of
312	substances intended for causing the leaves or foliage to drop
313	from a plant, with or without causing abscission.
314	(20)  "Department" means the Department of Agriculture and
315	Consumer Services or its authorized representative.
316	(21)  "Desiccant" means any substance or mixture of
317	substances intended for artificially accelerating the drying of
318	plant tissues.
319	(22)  "Device" means any instrument or contrivance (other
320	than a firearm) which is intended for trapping, destroying,
321	repelling, or mitigating, any pest or other form of plant or
322	animal life (other than human and other than bacteria, virus, or
323	other microorganism on or in living humans or other living
324	animals); but not including equipment used for the application
325	of pesticides when sold separately.
326	(23)  "Distribute" means to offer for sale, hold for sale,
327	sell, barter, or supply pesticides in this state.
328	(24)  "Distributor" means any person who offers for sale,
329	holds for sale, sells, barters, or supplies pesticides in this
330	state.
331	(25)  "Emergency exemption" means an exemption as
332	authorized in s. 18 of the Federal Insecticide, Fungicide, and
333	Rodenticide Act.
334	(26)  "Environment" means all water, air, land, plants, and
335	animals, and their relationships with one another.
336	(27)  "Equipment" means any type of ground, aquatic, or
337	aerial device used to apply any pesticide on land, and on
338	anything that may be growing, habituating, or stored on or in
339	the land. Equipment does not include any pressurized hand-size
340	household device used to apply any pesticide, or any other
341	device where the person applying the pesticide is the source of
342	power for applying the pesticide.
343	(28)  "Excess" means the amount of an active ingredient of
344	a pesticide found by analysis to be over the guaranteed amount.
345	(29)  "Experimental use permit" means a permit issued by
346	the department or by the United States Environmental Protection
347	Agency as authorized in s. 5 of the Federal Insecticide,
348	Fungicide, and Rodenticide Act.
349	(30)  "Fungi" means all non-chlorophyll-bearing
350	thallophytes (that is, all non-chlorophyll-bearing plants of a
351	lower order than mosses and liverworts), as, for example, rusts,
352	smuts, mildews, molds, yeasts, and bacteria, except those on or
353	in living humans or other animals.
354	(31)  "Highly toxic" means any highly poisonous pesticide
355	as determined by the rules promulgated pursuant to this part
356	chapter.
357	(32)  "Imminent hazard" means a situation which exists when
358	the continued use of a pesticide during the time required for
359	cancellation proceedings would be likely to result in
360	unreasonable adverse effects on the environment or will involve
361	unreasonable hazard to the survival of a species declared
362	endangered.
363	(33)  "Ineffective" means that pesticides such as
364	bacteriostats, disinfectants, germicides, sanitizers, and like
365	products fail to meet microbiological claims when tested in the
366	laboratory utilizing the officially approved procedures of the
367	Association of Official Analytical Chemists or other methods or
368	procedures as the department may find necessary.
369	(34)  "Inert ingredient" means an ingredient which is not
370	an active ingredient.
371	(35)  "Ingredient statement" means a statement of the name
372	and percentage by weight of each active ingredient, together
373	with the total percentage of the inert ingredients in the
374	pesticides.
375	(36)  "Insect" means any of the numerous small invertebrate
376	animals generally having the body more or less obviously
377	segmented, for the most part belonging to the class Insecta,
378	comprising six legs, usually in winged form (as, for example,
379	beetles, bugs, bees, and flies) and to other allied classes and
380	arthropods whose members are wingless and usually have more than
381	six legs (as, for example, spiders, mites, ticks, centipedes,
382	and wood lice).
383	(37)  "Irrigation system" means any device or combination
384	of devices having a hose, pipe, or other conduit which connects
385	directly to any source of ground or surface water, through which
386	device or combination of devices water or a mixture of water and
387	chemicals is drawn and applied for agricultural purposes. The
388	term does not include any handheld hose sprayer or other similar
389	device which is constructed so that an interruption in water
390	flow automatically prevents any backflow to the water source.
391	(38)  "Label" means the written, printed, or graphic matter
392	on or attached to a pesticide, device, or immediate and outside
393	container or wrappers of such pesticide or device.
394	(39)  "Labeling" means all labels and other written,
395	printed, or graphic matter referencing the pesticide or device
396	or upon any of its containers or wrappers, or accompanying the
397	pesticide or device at any time, but does not include accurate,
398	nonmisleading reference to current official publications of the
399	United States Departments of Agriculture or Interior, the
400	Environmental Protection Agency, the United States Public Health
401	Service, state experiment stations, state agricultural colleges,
402	or other similar federal institutions or official agencies of
403	this state or other states authorized by law to conduct research
404	in the field of pesticides.
405	(40)  "Land" means all land and water areas, including
406	airspace.
407	(41)  "Licensed applicator" means an individual who has
408	reached the age of majority and is authorized by license from
409	the department to use or supervise the use of any restricted-use
410	pesticide covered by the license.
411	(42)  "Manufacturer" means a person engaged in the business
412	of importing, producing, preparing, mixing, formulating, or
413	reformulating pesticides for the purpose of distribution.
414	(43)  "Mixer-loader" means any individual who handles open
415	containers or otherwise prepares, processes, or dilutes
416	pesticides in preparation for final application.
417	(44)  "Nematode" means invertebrate animals of the phylum
418	Nemathelminthes and class Nematoda (that is, unsegmented round
419	worms with elongated, fusiform, or saclike bodies covered with
420	cuticle and inhabiting soil, water, plants, or plant parts), and
421	may also be known as nemas or eelworms.
422	(45)  "Official sample" means any sample of a pesticide
423	taken by the department in accordance with the provisions of
424	this part chapter or rules adopted under this part chapter, and
425	designated as official by the department.
426	(46)  "Organotin compound" means any compound of tin used
427	as a biocide in an antifouling paint.
428	(47)  "Percent" means one one-hundredth part by weight or
429	volume.
430	(48)  "Pest" means:
431	(a)  Any insect, rodent, nematode, fungus, weed; or
432	(b)  Any other form of terrestrial or aquatic plant or
433	animal life or virus, bacteria, or other microorganism, except
434	viruses, bacteria, or other microorganisms on or in living
435	humans or other living animals, which is declared to be a pest
436	by the administrator of the United States Environmental
437	Protection Agency or which may be declared to be a pest by the
438	department by rule.
439	(49)  "Pesticide" means any substance or mixture of
440	substances intended for preventing, destroying, repelling, or
441	mitigating any insects, rodents, nematodes, fungi, weeds, or
442	other forms of plant or animal life or viruses, except viruses,
443	bacteria, or fungi on or in living humans or other animals,
444	which the department by rule declares to be a pest, and any
445	substance or mixture of substances intended for use as a plant
446	regulator, defoliant, or desiccant; however, the term
447	"pesticide" does not include any article that:
448	(a)  Is a "new animal drug" within the meaning of s. 201(w)
449	of the Federal Food, Drug, and Cosmetic Act;
450	(b)  Has been determined by the Secretary of the United
451	States Department of Health and Human Services not to be a new
452	animal drug by a regulation establishing conditions of use for
453	the article; or
454	(c)  Is an animal feed within the meaning of s. 201(x) of
455	the Federal Food, Drug, and Cosmetic Act bearing or containing
456	an article covered in this subsection.
457	(50)  "Plant nutrient" means any ingredient that furnishes
458	nourishment to the plant or promotes its growth in a normal
459	manner.
460	(51)  "Plant regulator" means any substance or mixture of
461	substances intended, through physiological action, for
462	accelerating or retarding the rate of growth or maturation, or
463	for otherwise altering the behavior, of ornamental or crop
464	plants or the produce thereof; but does not include substances
465	intended as plant nutrients, trace elements, nutritional
466	chemicals, plant inoculants, or soil amendments.
467	(52)  "Private applicator" means an individual who has
468	reached the age of majority and is licensed by the department to
469	use or supervise the use of any restricted-use pesticide for
470	purposes of producing any agricultural commodity on property
471	owned or rented by his or her employer, or, if applied without
472	compensation other than the trading of personal services between
473	producers of agricultural commodities, on the property of
474	another person.
475	(53)  "Product" means a unique pesticide and label as
476	distinguished by its individually assigned United States
477	Environmental Protection Agency registration number, special
478	local need registration number, or experimental use permit
479	number.
480	(54)  "Protect health and the environment" means protection
481	against any unreasonable adverse effects on people or the
482	environment.
483	(55)  "Public applicator" means an individual who has
484	reached the age of majority and is licensed by the department to
485	use or supervise the use of restricted-use pesticides as an
486	employee of a state agency, municipal corporation, or other
487	governmental agency.
488	(56)  "Product specific applicator" means an individual who
489	has reached the age of majority and is licensed by the
490	department to use or supervise the use of a particular
491	restricted-use pesticide product that is identified on the
492	license by the United States Environmental Protection Agency
493	registration number, as well as any Florida special local need
494	registration number and any specific identifying information as
495	deemed appropriate for nonfederally registered products exempt
496	under s. 18 of the Federal Insecticide, Fungicide, and
497	Rodenticide Act, provided that the restricted-use pesticide
498	product is used for the purpose of producing agricultural
499	commodities on property owned or rented by the licensee or the
500	licensee's employer, or is applied on the property of another
501	person without compensation other than trading of personal
502	services between producers of agricultural commodities.
503	(57)  "Registrant" means the person registering any
504	pesticide pursuant to the provisions of this part chapter.
505	(58)  "Restricted-use pesticide" means a pesticide which,
506	when applied in accordance with its directions for use,
507	warnings, and cautions and for uses for which it is registered
508	or for one or more such uses, or in accordance with a widespread
509	and commonly recognized practice, may generally cause, without
510	additional regulatory restrictions, unreasonable adverse effects
511	on the environment, or injury to the applicator or other
512	persons, and which has been classified as a restricted-use
513	pesticide by the department or the administrator of the United
514	States Environmental Protection Agency.
515	(59)  "Sell or sale" includes exchanges.
516	(60)  "Special local need registration" means a state
517	registration issued by the department as authorized in s. 24(c)
518	of the Federal Insecticide, Fungicide, and Rodenticide Act.
519	(61)  "Special review" is a process for reviewing selected
520	pesticides based upon information that the pesticides have been
521	found to present environmental or health concerns not considered
522	in the registration process or that data submitted in support of
523	registration are inadequate or outdated.
524	(62)  "Tolerance" means the deviation from the guaranteed
525	analysis permitted by law.
526	(63)  "Transportation of pesticides in bulk" means the
527	movement of a pesticide which is held in an individual container
528	in undivided quantities of greater than 55 U.S. gallons liquid
529	measure or 100 pounds net dry weight.
530	(64)  "Under the direct supervision of a licensed
531	applicator" means, unless otherwise prescribed by its labeling,
532	a pesticide that must be applied by a competent person acting
533	under the instruction and control of a licensed applicator who
534	is available if and when needed, even though the licensed
535	applicator is not physically present when the pesticide is
536	applied.
537	(65)  "Unreasonable adverse effects on the environment"
538	means any unreasonable risk to humans or the environment, taking
539	into account the economic, social, and environmental costs and
540	benefits of the use of any pesticide.
541	(66)  "Vessel" means any type of watercraft or other
542	artificial contrivance used, or capable of being used, as a
543	means of transportation on water.
544	(67)  "Weed" means any plant which grows where not wanted.
545	Section 11.  Paragraphs (b) and (f) of subsection (2) of
546	section 487.025, Florida Statutes, are amended to read:
547	487.025  Misbranding.--
548	(2)  A pesticide is misbranded if:
549	(b)  Its labeling bears any reference to registration under
550	this part chapter.
551	(f)  Any word, statement, or other information required by
552	or under authority of this part chapter to appear on the
553	labeling is not prominently placed thereon with such
554	conspicuousness, as compared with other words, statements,
555	designs, or graphic matter in the labeling, and in such terms as
556	to render it likely to be read and understood by the ordinary
557	individual under customary conditions of purchase and use.
558	Section 12.  Subsections (2), (4), and (5) and paragraphs
559	(g), (h), (l), (n), (p), (q), and (r) of subsection (13) of
560	section 487.031, Florida Statutes, are amended to read:
561	487.031  Prohibited acts.--It is unlawful:
562	(2)  To distribute, sell, or offer for sale within this
563	state any pesticide or product which has not been registered
564	pursuant to the provisions of this part chapter, except
565	pesticides distributed, sold, offered for sale, or used in
566	accordance with the provisions of federal or state restriction,
567	supervision, or cancellation orders or other existing stock
568	agreements.
569	(4)  To detach, alter, deface, or destroy, in whole or in
570	part, any label or labeling provided for in this part chapter or
571	rules promulgated under this part chapter, or to add any
572	substance to, or take any substance from, any pesticide in a
573	manner that may defeat the purpose of this part chapter.
574	(5)  For any person to use for his or her own advantage or
575	to reveal any information relative to formulas of products
576	acquired by authority of this part chapter, other than to: the
577	department, proper officials, or employees of the state; the
578	courts of this state in response to a subpoena; physicians,
579	pharmacists, and other qualified persons, in an emergency, for
580	use in the preparation of antidotes. The information relative to
581	formulas of products is confidential and exempt from the
582	provisions of s. 119.07(1).
583	(13)  For any person to:
584	(g)  Refuse or, after notice, neglect to comply with the
585	provisions of this part chapter, the rules adopted under this
586	part chapter, or any lawful order of the department;
587	(h)  Refuse or neglect to keep and maintain the records
588	required by this part chapter or to submit reports when and as
589	required;
590	(l)  Aid or abet a licensed or unlicensed person to evade
591	the provisions of this part chapter, or combine or conspire with
592	a licensed or unlicensed person to evade the provisions of this
593	part chapter, or allow a license to be used by an unlicensed
594	person;
595	(n)  Make false or misleading statements, or fail to
596	report, pursuant to this part chapter, any suspected or known
597	damage to property or illness or injury to persons caused by the
598	application of pesticides;
599	(p)  Fail to maintain a current liability insurance policy
600	or surety bond as provided for in this part chapter;
601	(q)  Fail to adequately train, as provided for in this part
602	chapter, unlicensed applicators or mixer-loaders applying
603	restricted-use pesticides under the direct supervision of a
604	licensed applicator; or
605	(r)  Fail to provide authorized representatives of the
606	department with records required by this part chapter or with
607	free access for inspection and sampling of any pesticide, areas
608	treated with or impacted by these materials, and equipment used
609	in their application.
610	Section 13.  Subsections (2), (3), and (8) of section
611	487.041, Florida Statutes, are amended to read:
612	487.041  Registration.--
613	(2)  For the purpose of defraying expenses of the
614	department in connection with carrying out the provisions of
615	this part chapter, each person shall pay an annual registration
616	fee of $250 for each registered pesticide. The annual
617	registration fee for each special local need label and
618	experimental use permit shall be $100. All registrations expire
619	on December 31 of each year. Nothing in this section shall be
620	construed as applying to distributors or retail dealers selling
621	pesticides when such pesticides are registered by another
622	person.
623	(3)  The department shall adopt rules governing the
624	procedures for pesticide registration and for the review of data
625	submitted by an applicant for registration of a pesticide. The
626	department shall determine whether a pesticide should be
627	registered, registered with conditions, or tested under field
628	conditions in this state. The department shall determine that
629	all requests for pesticide registrations meet the requirements
630	of current state and federal law. The department, whenever it
631	deems it necessary in the administration of this part chapter,
632	may require the manufacturer or registrant to submit the
633	complete formula, quantities shipped into or manufactured in the
634	state for distribution and sale, evidence of the efficacy and
635	the safety of any pesticide, and other relevant data. The
636	department may review and evaluate a registered pesticide if new
637	information is made available which indicates that use of the
638	pesticide has caused an unreasonable adverse effect on public
639	health or the environment. Such review shall be conducted upon
640	the request of the secretary of the Department of Health in the
641	event of an unreasonable adverse effect on public health or the
642	secretary of the Department of Environmental Protection in the
643	event of an unreasonable adverse effect on the environment. Such
644	review may result in modifications, revocation, cancellation, or
645	suspension of a pesticide registration. The department, for
646	reasons of adulteration, misbranding, or other good cause, may
647	refuse or revoke the registration of any pesticide, after notice
648	to the applicant or registrant giving the reason for the
649	decision. The applicant may then request a hearing, pursuant to
650	chapter 120, on the intention of the department to refuse or
651	revoke registration, and, upon his or her failure to do so, the
652	refusal or revocation shall become final without further
653	procedure. In no event shall registration of a pesticide be
654	construed as a defense for the commission of any offense
655	prohibited under this part chapter.
656	(8)  Nothing in this section affects the authority of the
657	department to administer the pesticide registration program
658	under this part chapter or the authority of the Commissioner of
659	Agriculture to approve the registration of a pesticide.
660	Section 14.  Section 487.0435, Florida Statutes, is amended
661	to read:
662	487.0435  License classification.--The department shall
663	issue certified applicator licenses in the following
664	classifications: certified public applicator; certified private
665	applicator; and certified commercial applicator. In addition,
666	separate classifications and subclassifications may be specified
667	by the department in rule as deemed necessary to carry out the
668	provisions of this part chapter. Each classification shall be
669	subject to requirements or testing procedures to be set forth by
670	rule of the department and shall be restricted to the activities
671	within the scope of the respective classification as established
672	in statute or by rule. In specifying classifications, the
673	department may consider, but is not limited to, the following:
674	(1)  Whether the license sought is for commercial, public,
675	or private applicator status.
676	(2)  The method of applying the restricted-use pesticide.
677	(3)  The specific crops upon which restricted-use
678	pesticides are applied.
679	(4)  The proximity of populated areas to the land upon
680	which restricted-use pesticides are applied.
681	(5)  The acreage under the control of the licensee.
682	(6)  The pounds of technical restricted toxicant applied
683	per acre per year by the licensee.
684	Section 15.  Section 487.045, Florida Statutes, is amended
685	to read:
686	487.045  Fees.--
687	(1)  The department shall establish applicable fees by
688	rule. The fees shall not exceed $250 for commercial applicators
689	or $100 for private applicators and public applicators, for
690	initial licensing and for each subsequent license renewal. The
691	fees shall be determined annually and shall represent department
692	costs associated with enforcement of the provisions of this part
693	chapter.
694	(2)  Fees collected under the provisions of this part
695	chapter shall be deposited into the General Inspection Trust
696	Fund and shall be used to defray expenses in the administration
697	of this part chapter.
698	Section 16.  Subsection (2) of section 487.046, Florida
699	Statutes, is amended to read:
700	487.046  Application; licensure.--
701	(2)  If the department finds the applicant qualified in the
702	classification for which the applicant has applied, and if the
703	applicant applying for a license to engage in aerial application
704	of pesticides has met all of the requirements of the Federal
705	Aviation Agency and the Department of Transportation of this
706	state to operate the equipment described in the application and
707	has shown proof of liability insurance or posted a surety bond
708	in an amount to be set forth by rule of the department, the
709	department shall issue a certified applicator's license, limited
710	to the classifications for which the applicant is qualified. The
711	license shall expire as required by rules promulgated under this
712	part chapter, unless it has been revoked or suspended by the
713	department prior to expiration, for cause as provided in this
714	part chapter. The license or authorization card issued by the
715	department verifying licensure shall be kept on the person of
716	the licensee while performing work as a licensed applicator.
717	Section 17.  Section 487.047, Florida Statutes, is amended
718	to read:
719	487.047  Nonresident license; reciprocal agreement;
720	authorized purchase.--
721	(1)  The department may waive all or part of the
722	examination requirements provided for in this part chapter on a
723	reciprocal basis with any other state or agency, or an Indian
724	tribe, that has substantially the same or better standards.
725	(2)  Any nonresident applying for a license under this part
726	chapter to operate in the state shall file a Designation of
727	Registered Agent naming the Secretary of State as the agent of
728	the nonresident, upon whom process may be served in the event of
729	any suit against the nonresident. The designation shall be
730	prepared on a form provided by the department and shall render
731	effective the jurisdiction of the courts of this state over the
732	nonresident applicant. However, any nonresident who has a duly
733	appointed registered agent upon whom process may be served as
734	provided by law shall not be required to designate the Secretary
735	of State as registered agent. The Secretary of State shall be
736	allowed the registered-agent fees as provided by law for
737	designating registered agents. The department shall be furnished
738	with a copy of the designation of the Secretary of State or of a
739	registered agent which is certified by the Secretary of State.
740	The Secretary of State shall notify the department of any
741	service of process it receives as registered agent for persons
742	licensed under this part chapter.
743	(3)  Restricted-use pesticides may be purchased by any
744	person who holds a valid applicator's license or who holds a
745	valid purchase authorization card issued by the department or by
746	a licensee under chapter 482 or chapter 388. A nonlicensed
747	person may apply restricted-use pesticides under the direct
748	supervision of a licensed applicator. An applicator's license
749	shall be issued by the department on a form supplied by it in
750	accordance with the requirements of this part chapter.
751	Section 18.  Subsection (1) of section 487.049, Florida
752	Statutes, is amended to read:
753	487.049  Renewal; late fee; recertification.--
754	(1)  The department shall require renewal of a certified
755	applicator's license at 4-year intervals from the date of
756	issuance. If the application for renewal of any license provided
757	for in this part chapter is not filed on time, a late fee shall
758	be assessed not to exceed $50. However, the penalty shall not
759	apply if the renewal application is filed within 60 days after
760	the renewal date, provided the applicant furnishes an affidavit
761	certifying that he or she has not engaged in business subsequent
762	to the expiration of the license for a period not exceeding 60
763	days. A license may be renewed without taking another
764	examination unless the department determines that new knowledge
765	related to the classification for which the applicant has
766	applied makes a new examination necessary; however, the
767	department may require the applicant to provide evidence of
768	continued competency, as determined by rule. If the license is
769	not renewed within 60 days of the expiration date, then the
770	licensee may again be required to take another examination,
771	unless there is some unavoidable circumstance which results in
772	the delay of the renewal of any license issued under this part
773	chapter which was not under the applicant's control.
774	Section 19.  Paragraph (b) of subsection (1) and subsection
775	(2) of section 487.051, Florida Statutes, are amended to read:
776	487.051  Administration; rules; procedure.--
777	(1)  The department may by rule:
778	(b)  Establish procedures for the taking and handling of
779	samples and establish tolerances and deficiencies where not
780	specifically provided for in this part chapter; assess
781	penalties; and prohibit the sale or use of pesticides or devices
782	shown to be detrimental to human beings, the environment, or
783	agriculture or to be otherwise of questionable value.
784	(2)  The department is authorized to adopt by rule the
785	primary standards established by the United States Environmental
786	Protection Agency with respect to pesticides. If the provisions
787	of this part chapter are preempted in part by federal law, those
788	provisions not preempted shall apply. This part chapter is
789	intended as comprehensive and exclusive regulation of pesticides
790	in this state. Except as provided in chapters 373, 376, 388,
791	403, and 482, or as otherwise provided by law, no agency,
792	commission, department, county, municipality, or other political
793	subdivision of the state may adopt laws, regulations, rules, or
794	policies pertaining to pesticides, including their registration,
795	packaging, labeling, distribution, sale, or use, except that
796	local jurisdictions may adopt or enforce an ordinance pertaining
797	to pesticides if that ordinance is in the area of occupational
798	license taxes, building and zoning regulations, disposal or
799	spillage of pesticides within a water well zone, or pesticide
800	safety regulations relating to containment at the storage site.
801	Section 20.  Subsection (4) of section 487.0615, Florida
802	Statutes, is amended to read:
803	487.0615  Pesticide Review Council.--
804	(4)  The council is defined as a "substantially interested
805	person" and has standing under chapter 120 in any proceeding
806	conducted by the department relating to the registration of a
807	pesticide under this part chapter. The standing of the council
808	shall in no way prevent individual members of the council from
809	exercising standing in these matters.
810	Section 21.  Subsections (1), (2), (3), (4), and (6) and
811	paragraphs (a) and (e) of subsection (7) of section 487.071,
812	Florida Statutes, are amended to read:
813	487.071  Enforcement, inspection, sampling, and analysis.--
814	(1)  The department is authorized to enter upon any public
815	or private premises or carrier where pesticides are known or
816	thought to be distributed, sold, offered for sale, held, stored,
817	or applied, during regular business hours in the performance of
818	its duties relating to pesticides and records pertaining to
819	pesticides. No person shall deny or refuse access to the
820	department when it seeks to enter upon any public or private
821	premises or carrier during business hours in performance of its
822	duties under this part chapter.
823	(2)  The department is authorized and directed to sample,
824	test, inspect, and make analyses of pesticides sold, offered for
825	sale, distributed, or used within this state, at a time and
826	place and to such an extent as it may deem necessary, to
827	determine whether the pesticides or persons exercising control
828	over the pesticides are in compliance with the provisions of
829	this part chapter, the rules adopted under this part chapter,
830	and the provisions of the pesticide label or labeling.
831	(3)  The official analysis shall be made from the official
832	sample. A sealed and identified sample, herein called "official
833	check sample" shall be kept until the analysis on the official
834	sample is completed. However, the registrant may obtain upon
835	request a portion of the official sample. Upon completion of the
836	analysis of the official sample, a true copy of the certificate
837	of analysis shall be mailed to the registrant of the pesticide
838	from whom the official sample was taken and also to the dealer
839	or agent, if any, and consumer, if known. If the official
840	analysis conforms with the provisions of this part chapter, the
841	official check sample may be destroyed. If the official analysis
842	does not conform with the provisions of this part chapter, the
843	rules adopted under this part chapter, and the provisions of the
844	pesticide label or labeling, the official check sample shall be
845	retained for a period of 90 days from the date of the
846	certificate of analysis of the official sample. If within that
847	time the registrant of the pesticide from whom the official
848	sample was taken makes demand for analysis by a referee chemist,
849	a portion of the official check sample sufficient for analysis
850	shall be sent to a referee chemist who is mutually acceptable to
851	the department and the registrant for analysis at the expense of
852	the registrant. Upon completion of the analysis, the referee
853	chemist shall forward to the department and to the registrant a
854	certificate of analysis bearing a proper identification mark or
855	number; and such certificate of analysis shall be verified by an
856	affidavit of the person or laboratory making the analysis. If
857	the certificate of analysis checks within 3 percent of the
858	department's analysis on each active ingredient for which
859	analysis was made, the mean average of the two analyses shall be
860	accepted as final and binding on all concerned. However, if the
861	referee's certificate of analysis shows a variation of greater
862	than 3 percent from the department's analysis in any one or more
863	of the active ingredients for which an analysis was made, upon
864	demand of either the department or the registrant from whom the
865	official sample was taken, a portion of the official check
866	sample sufficient for analysis shall be submitted to a second
867	referee chemist who is mutually acceptable to the department and
868	the registrant, at the expense of the party or parties
869	requesting the referee analysis. Upon completion of the
870	analysis, the second referee chemist shall make a certificate
871	and report as provided in this subsection for the first referee
872	chemist. The mean average of the two analyses nearest in
873	conformity shall be accepted as final and binding on all
874	concerned. If no demand is made for an analysis by a second
875	referee chemist, the department's certificate of analysis shall
876	be accepted as final and binding on all concerned.
877	(4)  If a pesticide or device fails to comply with the
878	provisions of this part chapter with reference to the ingredient
879	statement reflecting the composition of the product, as required
880	on the registration and labeling, and the department
881	contemplates possible criminal proceedings against the person
882	responsible because of this violation, the department shall,
883	after due notice, accord the person an informal hearing or an
884	opportunity to present evidence and opinions, either orally or
885	in writing, with regard to such contemplated proceedings. If in
886	the opinion of the department the facts warrant, the department
887	may refer the facts to the state attorney for the county in
888	which the violation occurred, with a copy of the results of the
889	analysis or the examination of such article; provided that
890	nothing in this part chapter shall be construed as requiring the
891	department to report for prosecution minor violations whenever
892	it believes that the public interest will be subserved by a
893	suitable notice of warning in writing.
894	(6)  The department shall, by publication in such manner as
895	it may prescribe, give notice of all judgments entered in
896	actions instituted under the authority of this part chapter.
897	(7)(a)  The department may analyze pesticide samples upon
898	request in a manner consistent with this part chapter.
899	(e)  In addition to any other penalty provided by this part
900	chapter, the registrant of any pesticide found to be
901	adulterated, misbranded, or otherwise deficient shall reimburse
902	the person requesting the pesticide analysis under this
903	subsection for all fees assessed by and paid to the department.
904	Section 22.  Subsections (2), (3), and (4) of section
905	487.081, Florida Statutes, are amended to read:
906	487.081  Exemptions.--
907	(2)  No article shall be deemed in violation of this part
908	chapter when intended solely for export to a foreign country and
909	when prepared or packed according to the specifications or
910	directions of the purchaser.
911	(3)  Notwithstanding any other provision of this part
912	chapter, registration required under this part chapter is not
913	required in the case of a pesticide stored or shipped from one
914	manufacturing plant within this state to another manufacturing
915	plant within this state operated by the same person.
916	(4)  Nothing in this part chapter shall be construed to
917	apply to persons duly licensed or certified under chapter 388 or
918	chapter 482 performing any pest control or other operation for
919	which they are licensed or certified under those chapters.
920	Section 23.  Subsection (2) of section 487.091, Florida
921	Statutes, is amended to read:
922	487.091  Tolerances, deficiencies, and penalties.--
923	(2)  If a pesticide is found by analysis to be deficient in
924	an active ingredient beyond the tolerance as provided in this
925	part chapter, the registrant is subject to a penalty for the
926	deficiency, not to exceed $10,000 per violation. However, no
927	penalty shall be assessed when the official sample was taken
928	from a pesticide that was in the possession of a consumer for
929	more than 45 days from the date of purchase by that consumer, or
930	when the product label specifies that the product should be used
931	by an expiration date that has passed. Procedures for assessing
932	penalties shall be established by rule, based on the degree of
933	the deficiency. Penalties assessed shall be paid to the consumer
934	or, in the absence of a known consumer, the department. If the
935	penalty is not paid within the prescribed period of time as
936	established by rule, the department may deny, suspend, or revoke
937	the registration of any pesticide.
938	Section 24.  Section 487.101, Florida Statutes, is amended
939	to read:
940	487.101  Stop-sale, stop-use, removal, or hold orders.--
941	(1)  When a pesticide or device is being offered or exposed
942	for sale, used, or held in violation of any of the provisions of
943	this part chapter, the department may issue and enforce a stop-
944	sale, stop-use, removal, or hold order, in writing, to the owner
945	or custodian of the pesticide or device, ordering that the
946	pesticide or device be held at a designated place until the part
947	chapter has been complied with and the pesticide or device is
948	released, in writing, by the department or the violation has
949	been disposed of by court order.
950	(2)  The written notice is warning to all persons,
951	including, but not limited to, the owner or custodian of the
952	pesticide or the owner's or custodian's agents or employees, to
953	scrupulously refrain from moving, bothering, altering, or
954	interfering with the pesticide or device or from altering,
955	defacing, or in any way interfering with the written notice or
956	permitting the same to be done. The willful violation of these
957	provisions is a misdemeanor, subjecting the violator to the
958	penalty provisions of this part chapter.
959	(3)  The department shall release the pesticide or device
960	under a stop-sale, stop-use, removal, or hold order when the
961	owner or custodian complies with the provisions of this part
962	chapter.
963	(4)  The owner or custodian, with authorization and
964	supervision of the department, may relabel the pesticide or
965	device so that the label will conform to the product, or
966	transfer and return the product to the manufacturer or supplier
967	for the purpose of bringing the product in compliance with the
968	provisions of this part chapter.
969	Section 25.  Subsection (1) of section 487.111, Florida
970	Statutes, is amended to read:
971	487.111  Seizure, condemnation, and sale.--
972	(1)  Any lot of pesticide or device not in compliance with
973	the provisions of this part chapter is subject to seizure on
974	complaint of the department to the circuit court in the county
975	in which the pesticide or device is located. In the event the
976	court finds the pesticide or device in violation of this part
977	chapter and orders it condemned, it shall be disposed of as the
978	court may direct; provided that in no instance shall the
979	disposition of the pesticide or device be ordered by the court
980	without first giving the owner or custodian an opportunity to
981	apply to the court for release of the pesticide or device or for
982	permission to process or relabel it to bring it into compliance
983	with this part chapter.
984	Section 26.  Section 487.13, Florida Statutes, is amended
985	to read:
986	487.13  Cooperation.--The department is authorized and
987	empowered to cooperate with and enter into agreements with any
988	other agency of this state, the United States Department of
989	Agriculture, the United States Environmental Protection Agency,
990	and any other state or federal agency for the purpose of
991	carrying out the provisions of this part chapter and securing
992	uniformity of regulations.
993	Section 27.  Section 487.156, Florida Statutes, is amended
994	to read:
995	487.156  Governmental agencies.--All governmental agencies
996	shall be subject to the provisions of this part chapter and
997	rules adopted under this part chapter. Public applicators using
998	or supervising the use of restricted-use pesticides shall be
999	subject to examination as provided in s. 487.044.
1000	Section 28.  Subsection (1) of section 487.159, Florida
1001	Statutes, is amended to read:
1002	487.159  Damage or injury to property, animal, or person;
1003	mandatory report of damage or injury; time for filing; failure
1004	to file.--
1005	(1)  The person claiming damage or injury to property,
1006	animal, or human beings from application of a pesticide shall
1007	file with the department a written statement claiming damages,
1008	on a form prescribed by the department, within 48 hours after
1009	the damage or injury becomes apparent. The statement shall
1010	contain, but shall not be limited to, the name of the person
1011	responsible for the application of the pesticide, the name of
1012	the owner or lessee of the land on which the crop is grown and
1013	for which the damages are claimed, and the date on which it is
1014	alleged that the damages occurred. The department shall
1015	investigate the alleged damages and notify all concerned parties
1016	of its findings. If the findings reveal a violation of the
1017	provisions of this part chapter, the department shall determine
1018	an appropriate penalty, as provided in this part chapter. The
1019	filing of a statement or the failure to file such a statement
1020	need not be alleged in any complaint which might be filed in a
1021	court of law, and the failure to file the statement shall not be
1022	considered any bar to the maintenance of any criminal or civil
1023	action.
1024	Section 29.  Section 487.161, Florida Statutes, is amended
1025	to read:
1026	487.161  Exemptions, nonagricultural pest control and
1027	research.--
1028	(1)  Any person duly licensed or certified under chapter
1029	482, or under the supervision of chapter 388, is exempted from
1030	the licensing provisions of this part chapter.
1031	(2)  The use of the antibiotic oxytetracycline
1032	hydrochloride for the purpose of controlling lethal yellowing is
1033	exempted from the licensing provisions of this part chapter.
1034	(3)  The personnel of governmental, university, or
1035	industrial research agencies are exempted from the provisions of
1036	this part chapter when doing applied research within a
1037	laboratory, but shall comply with all the provisions of this
1038	part chapter when applying restricted-use pesticides to
1039	experimental or demonstration plots.
1040	Section 30.  Section 487.163, Florida Statutes, is amended
1041	to read:
1042	487.163  Information; interagency cooperation.--
1043	(1)  The department may, in cooperation with the University
1044	of Florida or other agencies of government, publish information
1045	and conduct short courses of instruction in the safe use and
1046	application of pesticides for the purpose of carrying out the
1047	provisions of this part chapter.
1048	(2)  The department may cooperate or enter into formal
1049	agreements with any other agency or educational institution of
1050	this state or its subdivisions or with any agency of any other
1051	state or of the Federal Government for the purpose of carrying
1052	out the provisions of this part chapter and of securing
1053	uniformity of regulations.
1054	Section 31.  Subsections (1), (2), and (3) of section
1055	487.171, Florida Statutes, are amended to read:
1056	487.171  Classification of antifouling paint containing
1057	organotin compounds as restricted-use pesticides; prohibition of
1058	distribution and sale.--
1059	(1)  The department shall classify antifouling paints
1060	containing organotin compounds having an acceptable release rate
1061	as restricted-use pesticides subject to the requirements of this
1062	part chapter. Antifouling paints containing organotin having
1063	acceptable release rates and sold in spray cans of 16 ounces
1064	avoirdupois weight or less for outboard motor or lower unit use
1065	are exempt from the restricted-use pesticide classification
1066	requirement.
1067	(2)  The department shall initiate action under chapter
1068	120, to deny or cancel the registration of antifouling paints
1069	containing organotin compounds which do not have an acceptable
1070	release rate or do not meet other criteria established by the
1071	department in accordance with this part chapter.
1072	(3)  Distribution, sale, and use of antifouling paints
1073	containing organotin compounds with acceptable release rates
1074	shall be limited to dealers and applicators licensed by the
1075	department in accordance with this part chapter, to distribute,
1076	sell, or use restricted-use pesticides. Such paint may be
1077	applied only by licensed applicators and may be applied only to
1078	vessels which exceed 25 meters in length or which have aluminum
1079	hulls.
1080	Section 32.  Section 487.175, Florida Statutes, is amended
1081	to read:
1082	487.175  Penalties; administrative fine; injunction.--
1083	(1)  In addition to any other penalty provided in this part
1084	chapter, when the department finds any person, applicant, or
1085	licensee has violated any provision of this part chapter or rule
1086	adopted under this part chapter, it may enter an order imposing
1087	any one or more of the following penalties:
1088	(a)  Denial of an application for licensure.
1089	(b)  Revocation or suspension of a license.
1090	(c)  Issuance of a warning letter.
1091	(d)  Placement of the licensee on probation for a specified
1092	period of time and subject to conditions the department may
1093	specify by rule, including requiring the licensee to attend
1094	continuing education courses, to demonstrate competency through
1095	a written or practical examination, or to work under the direct
1096	supervision of another licensee.
1097	(e)  Imposition of an administrative fine not to exceed
1098	$10,000 for each violation. When imposing any fine under this
1099	paragraph, the department shall consider the degree and extent
1100	of harm caused by the violation, the cost of rectifying the
1101	damage, the amount of money the violator benefited from by
1102	noncompliance, whether the violation was committed willfully,
1103	and the compliance record of the violator.
1104	(2)  Any person who violates any provision of this part
1105	chapter or rules adopted pursuant thereto commits a misdemeanor
1106	of the second degree and upon conviction is punishable as
1107	provided in ss. 775.082 and 775.083. For a subsequent violation,
1108	such person commits a misdemeanor of the first degree and upon
1109	conviction is punishable as provided in ss. 775.082 and 775.083.
1110	(3)  In addition to the remedies provided in this part
1111	chapter and notwithstanding the existence of any adequate remedy
1112	at law, the department may bring an action to enjoin the
1113	violation or threatened violation of any provision of this part
1114	chapter, or rule adopted under this part chapter, in the circuit
1115	court of the county in which the violation occurred or is about
1116	to occur. Upon the department's presentation of competent and
1117	substantial evidence to the court of the violation or threatened
1118	violation, the court shall immediately issue the temporary or
1119	permanent injunction sought by the department. The injunction
1120	shall be issued without bond. A single act in violation of any
1121	provision of this part chapter shall be sufficient to authorize
1122	the issuance of an injunction.
1123	Section 33.  Subsection (1) of section 403.088, Florida
1124	Statutes, is amended to read:
1125	403.088  Water pollution operation permits; conditions.--
1126	(1)  No person, without written authorization of the
1127	department, shall discharge into waters within the state any
1128	waste which, by itself or in combination with the wastes of
1129	other sources, reduces the quality of the receiving waters below
1130	the classification established for them. However, this section
1131	shall not be deemed to prohibit the application of pesticides to
1132	waters in the state for the control of insects, aquatic weeds,
1133	or algae, provided the application is performed pursuant to a
1134	program approved by the Department of Health, in the case of
1135	insect control, or the department, in the case of aquatic weed
1136	or algae control. The department is directed to enter into
1137	interagency agreements to establish the procedures for program
1138	approval. Such agreements shall provide for public health,
1139	welfare, and safety, as well as environmental factors. Approved
1140	programs must provide that only chemicals approved for the
1141	particular use by the United States Environmental Protection
1142	Agency or by the Department of Agriculture and Consumer Services
1143	may be employed and that they be applied in accordance with
1144	registered label instructions, state standards for such
1145	application, and the provisions of the Florida Pesticide Law,
1146	part I of chapter 487.
1147	Section 34.  Subsection (1) of section 482.242, Florida
1148	Statutes, is amended to read:
1149	482.242  Preemption.--
1150	(1)  This chapter is intended as comprehensive and
1151	exclusive regulation of pest control in this state. The
1152	provisions of this chapter preempt to the state all regulation
1153	of the activities and operations of pest control services,
1154	including the pesticides used pursuant to labeling and
1155	registration approved under part I of chapter 487. No local
1156	government or political subdivision of the state may enact or
1157	enforce an ordinance that regulates pest control, except that
1158	the preemption in this section does not prohibit a local
1159	government or political subdivision from enacting an ordinance
1160	regarding any of the following:
1161	(a)  Local occupational licenses adopted pursuant to
1162	chapter 205.
1163	(b)  Land development regulations adopted pursuant to
1164	chapter 163 which include regulation of any aspect of
1165	development, including a subdivision, building construction,
1166	sign regulation or any other regulation concerning the
1167	development of land, or landscaping or tree protection
1168	ordinances which do not include pesticide application
1169	restrictions.
1170	(c)  Regulations that:
1171	1.  Require, for multicomplex dwellings in excess of 10
1172	units, annual termite inspections for termite activity or
1173	damage, including Formosan termites, which must be performed by
1174	a person licensed under this chapter.
1175	2.  Require pest control treatments of structures that have
1176	termite activity or damage which must be performed by a person
1177	licensed under this chapter.
1178	3.  Require property owners or other persons to obtain
1179	inspections or pest control treatments performed by a person
1180	licensed under this chapter.
1181
1182	An ordinance by a local government or political subdivision
1183	which requires an annual inspection or pest control treatment
1184	must conform to current law.
1185	(d)  Protection of wellhead protection areas and high
1186	recharge areas.
1187	(e)  Hazardous materials reporting as set forth in part II
1188	of chapter 252, storage, and containment including as relating
1189	to stormwater management.
1190	(f)  Hazardous material unlawful discharge and disposal.
1191	(g)  Hazardous materials remediation.
1192	Section 35.  Paragraph (x) of subsection (1) of section
1193	500.03, Florida Statutes, is amended to read:
1194	500.03  Definitions; construction; applicability.--
1195	(1)  For the purpose of this chapter, the term:
1196	(x)  "Pesticide chemical" means any substance which, alone,
1197	in chemical combination, or in formulation with one or more
1198	other substances is a "pesticide" within the meaning of the
1199	Florida Pesticide Law, part I of chapter 487, and which is used
1200	in the production, storage, or transportation of raw
1201	agricultural commodities.
1202	Section 36.  Subsections (1) and (6) of section 570.44,
1203	Florida Statutes, are amended to read:
1204	570.44  Division of Agricultural Environmental Services;
1205	powers and duties.--The duties of the Division of Agricultural
1206	Environmental Services include, but are not limited to:
1207	(1)  Inspecting and drawing samples of: commercial feeds
1208	offered for sale in this state and enforcing those provisions of
1209	chapter 580 authorized by the department; seeds offered for sale
1210	in this state and enforcing those provisions of chapter 578
1211	authorized by the department; certified seed grown in this
1212	state; fertilizers offered for sale in this state and enforcing
1213	those provisions of chapter 576 authorized by the department;
1214	and pesticides offered for sale in this state, and soil and
1215	water in this state for the presence of pesticides, and
1216	enforcing those provisions of part I of chapter 487 authorized
1217	by the department.
1218	(6)  Analyzing samples of pesticide formulations offered
1219	for sale in this state and tank mix, soil, water, and other
1220	environmental samples related to pesticide use investigations,
1221	as required under part I of chapter 487.
1222	Section 37.  In editing manuscript for the next edition of
1223	the official Florida Statutes, the Division of Statutory
1224	Revision shall designate ss. 487.011-487.175, Florida Statutes,
1225	as part I of that chapter, the "Florida Pesticide Law," and ss.
1226	487.2011-487.2071, Florida Statutes, as created by this act, as
1227	part II of that chapter, the "Florida Agricultural Worker Safety
1228	Act."
1229	Section 38.  This act shall take effect July 1, 2004.

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