HB 0039 2004
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 part title; creating s. 487.2021, F.S.;
5	declaring legislative intent; creating s. 487.2031, F.S.;
6	defining terms; creating s. 487.2041, F.S.; providing for
7	enforcement of federal worker protection regulations;
8	creating s. 487.2051, F.S.; requiring agricultural
9	employers to make agricultural pesticide information
10	available to workers, designated representatives, and
11	medical personnel; creating s. 487.2061, F.S.; prohibiting
12	agricultural employers from failing to provide required
13	information and from taking retaliatory action against
14	workers for exercising their rights; creating s. 487.2071,
15	F.S.; providing penalties; providing for relief against
16	retaliation; providing for monitoring complaints of
17	retaliation; providing for a report; amending ss. 487.011,
18	487.012, 487.021, 487.025, 487.031, 487.041, 487.0435,
19	487.045, 487.046, 487.047, 487.049, 487.051, 487.0615,
20	487.071, 487.081, 487.091, 487.101, 487.111, 487.13,
21	487.156, 487.159, 487.161, 487.163, 487.171, and 487.175,
22	F.S.; changing the term "chapter" to "part" to conform to
23	the act; amending ss. 403.088, 482.242, 500.03, and
24	570.44, F.S.; conforming references; providing a directive
25	to the Division of Statutory Revision; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1. Section 487.2011, Florida Statutes, is created
31	to read:
32	487.2011 Part title.--This part may be cited as the
33	"Florida Agricultural Worker Safety Act" and shall be
34	administered by the Department of Agriculture and Consumer
35	Services.
36	Section 2. Section 487.2021, Florida Statutes, is created
37	to read:
38	487.2021 Legislative intent.--It is the intent of the
39	Legislature, by this part, to ensure that agricultural workers
40	employed in the state receive protection from agricultural
41	pesticides. The Legislature intends to ensure that agricultural
42	workers be given information concerning agricultural pesticides.
43	Section 3. Section 487.2031, Florida Statutes, is created
44	to read:
45	487.2031 Definitions.--For purposes of this part, the
46	term:
47	(1) "Agricultural employer" means any person who hires or
48	contracts for the services of workers, for any type of
49	compensation, to perform activities related to the production of
50	agricultural plants, or any person who is an owner of or is
51	responsible for the management or condition of an agricultural
52	establishment that uses such workers.
53	(2) "Agricultural establishment" means any farm, forest,
54	nursery, or greenhouse.
55	(3) "Agricultural plant" means any plant grown or
56	maintained for commercial or research purposes and includes, but
57	is not limited to, food, feed, and fiber plants, trees,
58	turfgrass, flowers, shrubs, ornamentals, and seedlings.
59	(4) "Department" means the Department of Agriculture and
60	Consumer Services or its authorized representative.
61	(5) "Designated representative" means any person or
62	organization to whom a worker gives written authorization to
63	exercise the right to request the agricultural pesticide
64	information pursuant to this part.
65	(6) "Fact sheet" means any state or federally approved
66	fact sheet.
67	(7) "Material safety data sheet" means written or printed
68	material concerning an agricultural pesticide which sets forth
69	the following information:
70	(a) The chemical name and the common name of the
71	agricultural pesticide.
72	(b) The hazards or other risks in the use of the
73	agricultural pesticide, including:
74	1. The potential for fire, explosions, corrosivity, and
75	reactivity.
76	2. The known acute health effects and chronic health
77	effects of risks from exposure to the agricultural pesticide,
78	including those medical conditions which are generally
79	recognized as being aggravated by exposure to the agricultural
80	pesticide.
81	3. The primary routes of entry and symptoms of
82	overexposure.
83	(c) The proper precautions, handling practices, necessary
84	personal protective equipment, and other safety precautions in
85	the use of or exposure to the agricultural pesticide, including
86	appropriate emergency treatment in case of overexposure.
87	(d) The emergency procedures for spills, fire, disposal,
88	and first aid.
89	(e) A description of the known specific potential health
90	risks posed by the agricultural pesticide, which description is
91	written in lay terms and is intended to alert any person who
92	reads the information.
93	(f) The year and the month, if available, that the
94	information was compiled and the name, address, and emergency
95	telephone number of the manufacturer responsible for preparing
96	the information.
97	(8) "Retaliation" means actions, such as dismissal,
98	demotion, harassment, blacklisting with other employers,
99	reducing pay or work hours, or taking away company housing, by
100	any agricultural employer against any worker who exercises any
101	right under the United States Environmental Protection Agency
102	Worker Protection Standard, 40 C.F.R. s. 170.7(b) (August 21,
103	1992), or this part.
104	(9) "Trainer" means any person who qualifies to train
105	workers under the pesticide safety training requirements of the
106	United States Environmental Protection Agency Worker Protection
107	Standard, 40 C.F.R. s. 170.130 (August 21, 1992).
108	(10) "Worker" means any person, including a farmworker or
109	a self-employed person, who is employed for any type of
110	compensation and who is performing activities relating to the
111	production of agricultural plants on an agricultural
112	establishment. The term "worker" does not include any person
113	employed by a commercial pesticide handling establishment to
114	perform tasks as a crop advisor.
115	Section 4. Section 487.2041, Florida Statutes, is created
116	to read:
117	487.2041 Enforcement of federal worker protection
118	regulations.--The department shall adopt by rule the regulations
119	established by the United States Environmental Protection Agency
120	Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
121	156, and the Worker Protection Standard, 40 C.F.R. part 170,
122	adopted August 21, 1992. If the provisions of this part are
123	preempted in part by federal law, those provisions not preempted
124	shall apply.
125	Section 5. Section 487.2051, Florida Statutes, is created
126	to read:
127	487.2051 Availability of agricultural pesticide
128	information to workers and medical personnel.--
129	(1)(a) The agricultural employer shall make available
130	agricultural pesticide information concerning any agricultural
131	pesticide to any worker who enters an agricultural pesticide
132	treated area on an agricultural establishment where, within the
133	last 30 days, an agricultural pesticide has been applied or a
134	restricted-entry interval has been in effect or to any worker
135	who may be exposed to the agricultural pesticide during normal
136	conditions of use or in a foreseeable emergency.
137	(b) The agricultural pesticide information shall be in the
138	form of a material safety data sheet or a state or federally
139	approved fact sheet. The agricultural employer shall provide a
140	written copy of the information specified in this section within
141	2 working days after a request for the information by a worker,
142	a designated representative of the worker, or medical personnel
143	treating the worker.
144	(c) The distributor, manufacturer, or importer of
145	agricultural pesticides shall prepare and provide each direct
146	purchaser of agricultural pesticides with a material safety data
147	sheet. If the material safety data sheet or fact sheet for the
148	agricultural pesticide is not available at the time the
149	agricultural pesticide is purchased, the agricultural employer
150	shall take appropriate and timely steps to obtain the material
151	safety data sheet or fact sheet from the distributor, the
152	manufacturer, the department, a federal agency, or another
153	distribution source.
154	(2) The department shall design and make available to the
155	trainer a one-page general agricultural pesticide safety sheet,
156	hereafter referred to as "safety sheet." This safety sheet must
157	be in a language understood by the worker and must include, but
158	is not limited to, illustrated instructions on prevention of
159	agricultural pesticide exposure and toll-free numbers to the
160	Florida Poison Control Centers so that workers may call for
161	additional agricultural pesticide exposure information. The
162	trainer shall provide to the worker the safety sheet at the time
163	of training pursuant to the United States Environmental
164	Protection Agency Worker Protection Standard, 40 C.F.R. s.
165	170.130 (August 21, 1992).
166	Section 6. Section 487.2061, Florida Statutes, is created
167	to read:
168	487.2061 Prohibited acts.--It is unlawful for any
169	agricultural employer to:
170	(1) Fail to provide agricultural pesticide information as
171	provided for in this part.
172	(2) Take any retaliatory action against any worker for
173	exercising any right under the provisions of the United States
174	Environmental Protection Agency Worker Protection Standard, 40
175	C.F.R. s. 170.7(b) (August 21, 1992), or this part.
176	Section 7. Section 487.2071, Florida Statutes, is created
177	to read:
178	487.2071 Penalties against agricultural employer
179	violators; worker relief; monitoring complaints of
180	retaliation.--
181	(1) Penalties set forth in part I of this chapter shall be
182	applied to any agricultural employer who violates any provision
183	in this part. Agricultural employers who violate the provisions
184	of this part also shall be subject to the federal penalties in
185	the United States Environmental Protection Agency Worker
186	Protection Standard, 40 C.F.R. s. 170.9(b).
187	(2)(a) Any worker who has been retaliated against by any
188	agricultural employer for exercising any right under the United
189	States Environmental Protection Agency Worker Protection
190	Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992), or this part
191	may seek relief under ss. 448.102-448.104.
192	(b) Any worker who has been retaliated against by any
193	agricultural employer for exercising any right under the United
194	States Environmental Protection Agency Worker Protection
195	Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992), or this part
196	and seeks relief pursuant to this section, or the worker's
197	designated representative, shall file a complaint with the
198	department of such retaliation.
199	(c) In any action brought pursuant to this section where
200	the retaliatory personnel action is predicated upon the
201	disclosure of an illegal activity, policy, or practice to an
202	appropriate governmental agency, the worker shall not be
203	required to show that the disclosure to the governmental agency
204	was under oath or in writing or that the notification to the
205	employer concerning the illegal activity, policy, or practice
206	was in writing as provided in s. 448.102(1).
207	(3) The department shall monitor all complaints of
208	retaliation which it receives and report its findings to the
209	President of the Senate and the Speaker of the House of
210	Representatives on October 1, 2007. The report shall include the
211	number of such complaints received, the circumstances
212	surrounding the complaints, and the action taken concerning the
213	complaints.
214	Section 8. Section 487.011, Florida Statutes, is amended
215	to read:
216	487.011 Part Short title; administration.--This part
217	chaptermay be cited as the "Florida Pesticide Law" and shall be
218	administered by the Department of Agriculture and Consumer
219	Services.
220	Section 9. Section 487.012, Florida Statutes, is amended
221	to read:
222	487.012 Declaration of purpose.--The purpose of this part
223	chapteris to regulate the distribution, sale, and use of
224	pesticides, except as provided in chapters 388 and 482, and to
225	protect people and the environment from the adverse effects of
226	pesticides.
227	Section 10. Section 487.021, Florida Statutes, is amended
228	to read:
229	487.021 Definitions.--For the purpose of this part
230	chapter:
231	(1) "Acceptable release rate" means a measured release
232	rate not exceeding 4.0 micrograms per square centimeter per day
233	at steady state conditions as determined in accordance with a
234	United States Environmental Protection Agency testing data call-
235	in notice of July 29, 1986, on tributyltin in antifouling paints
236	under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
237	U.S.C. s. 136, or at a rate established by the department.
238	(2) "Active ingredient" means:
239	(a) In the case of a pesticide other than a plant
240	regulator, defoliant, or desiccant, an ingredient which will
241	prevent, destroy, repel, or mitigate insects, nematodes, fungi,
242	rodents, weeds, or other pests.
243	(b) In the case of a plant regulator, an ingredient which,
244	through physiological action, will accelerate or retard the rate
245	of growth or rate of maturation, or otherwise alter the
246	behavior, of ornamental or crop plants or the produce thereof.
247	(c) In the case of a defoliant, an ingredient which will
248	cause the leaves or foliage to drop from a plant.
249	(d) In the case of a desiccant, an ingredient which will
250	artificially accelerate the drying of plant tissue.
251	(3) "Added ingredient" means any plant nutrient or plant
252	regulator added to the mixture which is not an active pesticidal
253	ingredient, but which the manufacturer wishes to show on the
254	label.
255	(4) "Adulterated" applies to any pesticide if its strength
256	or purity falls below or is in excess of the professed standard
257	of quality as expressed on labeling or under which it is sold,
258	if any substance has been substituted wholly or in part for the
259	pesticide or if any valuable constituent of the pesticide has
260	been wholly or in part abstracted.
261	(5) "Advertisement" means all representations disseminated
262	in any manner or by any means other than by labeling, for the
263	purpose of inducing, or which are likely to induce, directly or
264	indirectly, the purchase of pesticides.
265	(6) "Age of majority" means any natural person 18 years of
266	age or older, or an emancipated minor.
267	(7) "Aircraft" means any machine designed for flight and
268	for use in applying pesticides.
269	(8) "Animal" means all vertebrate and invertebrate
270	species, including, but not limited to, humans and other
271	mammals, birds, fish, and shellfish.
272	(9) "Antidote" means the most practical immediate
273	treatment for poisoning and includes first aid treatment.
274	(10) "Antifouling paint" means a coating, paint, or
275	treatment that is intended for use as a pesticide, as defined in
276	this section, to control freshwater or marine fouling organisms.
277	(11) "Antisiphon device" means a safety device used to
278	prevent the backflow of a mixture of water and chemicals into
279	the water supply.
280	(12) "Batch" or "lot" means a quantity of pesticide
281	produced or packaged and readily identified by numbers, letters,
282	or other symbols.
283	(13) "Brand" means the name, number, trademark, or any
284	other designation which distinguishes one pesticide product from
285	another.
286	(14) "Certification" means the recognition by the
287	department that an individual is a competent pesticide
288	applicator and, thus, is eligible for licensure in one or more
289	of the designated license types and categories.
290	(15) "Certified applicator" means any individual who has
291	been recognized by the department as a competent pesticide
292	applicator and, thus, is eligible to apply for licensure in one
293	or more of the designated license types and categories.
294	(16) "Commercial applicator" means an individual who has
295	reached the age of majority and is licensed by the department to
296	use or supervise the use of any restricted-use pesticide for any
297	purpose on any property other than as provided by the
298	definitions of "private applicator," "product specific
299	applicator," or "public applicator," whether or not the
300	individual is a private applicator with respect to some uses.
301	(17) "Dealer" means any person, other than the
302	manufacturer or distributor, who offers for sale, sells,
303	barters, or otherwise supplies pesticides to the ultimate user
304	or consumer.
305	(18) "Deficiency" means the amount of an active ingredient
306	of a pesticide by which it fails to come up to its guaranteed
307	analysis when analyzed.
308	(19) "Defoliant" means any substance or mixture of
309	substances intended for causing the leaves or foliage to drop
310	from a plant, with or without causing abscission.
311	(20) "Department" means the Department of Agriculture and
312	Consumer Services or its authorized representative.
313	(21) "Desiccant" means any substance or mixture of
314	substances intended for artificially accelerating the drying of
315	plant tissues.
316	(22) "Device" means any instrument or contrivance (other
317	than a firearm) which is intended for trapping, destroying,
318	repelling, or mitigating, any pest or other form of plant or
319	animal life (other than human and other than bacteria, virus, or
320	other microorganism on or in living humans or other living
321	animals); but not including equipment used for the application
322	of pesticides when sold separately.
323	(23) "Distribute" means to offer for sale, hold for sale,
324	sell, barter, or supply pesticides in this state.
325	(24) "Distributor" means any person who offers for sale,
326	holds for sale, sells, barters, or supplies pesticides in this
327	state.
328	(25) "Emergency exemption" means an exemption as
329	authorized in s. 18 of the Federal Insecticide, Fungicide, and
330	Rodenticide Act.
331	(26) "Environment" means all water, air, land, plants, and
332	animals, and their relationships with one another.
333	(27) "Equipment" means any type of ground, aquatic, or
334	aerial device used to apply any pesticide on land, and on
335	anything that may be growing, habituating, or stored on or in
336	the land. Equipment does not include any pressurized hand-size
337	household device used to apply any pesticide, or any other
338	device where the person applying the pesticide is the source of
339	power for applying the pesticide.
340	(28) "Excess" means the amount of an active ingredient of
341	a pesticide found by analysis to be over the guaranteed amount.
342	(29) "Experimental use permit" means a permit issued by
343	the department or by the United States Environmental Protection
344	Agency as authorized in s. 5 of the Federal Insecticide,
345	Fungicide, and Rodenticide Act.
346	(30) "Fungi" means all non-chlorophyll-bearing
347	thallophytes (that is, all non-chlorophyll-bearing plants of a
348	lower order than mosses and liverworts), as, for example, rusts,
349	smuts, mildews, molds, yeasts, and bacteria, except those on or
350	in living humans or other animals.
351	(31) "Highly toxic" means any highly poisonous pesticide
352	as determined by the rules promulgated pursuant to this part
353	chapter.
354	(32) "Imminent hazard" means a situation which exists when
355	the continued use of a pesticide during the time required for
356	cancellation proceedings would be likely to result in
357	unreasonable adverse effects on the environment or will involve
358	unreasonable hazard to the survival of a species declared
359	endangered.
360	(33) "Ineffective" means that pesticides such as
361	bacteriostats, disinfectants, germicides, sanitizers, and like
362	products fail to meet microbiological claims when tested in the
363	laboratory utilizing the officially approved procedures of the
364	Association of Official Analytical Chemists or other methods or
365	procedures as the department may find necessary.
366	(34) "Inert ingredient" means an ingredient which is not
367	an active ingredient.
368	(35) "Ingredient statement" means a statement of the name
369	and percentage by weight of each active ingredient, together
370	with the total percentage of the inert ingredients in the
371	pesticides.
372	(36) "Insect" means any of the numerous small invertebrate
373	animals generally having the body more or less obviously
374	segmented, for the most part belonging to the class Insecta,
375	comprising six legs, usually in winged form (as, for example,
376	beetles, bugs, bees, and flies) and to other allied classes and
377	arthropods whose members are wingless and usually have more than
378	six legs (as, for example, spiders, mites, ticks, centipedes,
379	and wood lice).
380	(37) "Irrigation system" means any device or combination
381	of devices having a hose, pipe, or other conduit which connects
382	directly to any source of ground or surface water, through which
383	device or combination of devices water or a mixture of water and
384	chemicals is drawn and applied for agricultural purposes. The
385	term does not include any handheld hose sprayer or other similar
386	device which is constructed so that an interruption in water
387	flow automatically prevents any backflow to the water source.
388	(38) "Label" means the written, printed, or graphic matter
389	on or attached to a pesticide, device, or immediate and outside
390	container or wrappers of such pesticide or device.
391	(39) "Labeling" means all labels and other written,
392	printed, or graphic matter referencing the pesticide or device
393	or upon any of its containers or wrappers, or accompanying the
394	pesticide or device at any time, but does not include accurate,
395	nonmisleading reference to current official publications of the
396	United States Departments of Agriculture or Interior, the
397	Environmental Protection Agency, the United States Public Health
398	Service, state experiment stations, state agricultural colleges,
399	or other similar federal institutions or official agencies of
400	this state or other states authorized by law to conduct research
401	in the field of pesticides.
402	(40) "Land" means all land and water areas, including
403	airspace.
404	(41) "Licensed applicator" means an individual who has
405	reached the age of majority and is authorized by license from
406	the department to use or supervise the use of any restricted-use
407	pesticide covered by the license.
408	(42) "Manufacturer" means a person engaged in the business
409	of importing, producing, preparing, mixing, formulating, or
410	reformulating pesticides for the purpose of distribution.
411	(43) "Mixer-loader" means any individual who handles open
412	containers or otherwise prepares, processes, or dilutes
413	pesticides in preparation for final application.
414	(44) "Nematode" means invertebrate animals of the phylum
415	Nemathelminthes and class Nematoda (that is, unsegmented round
416	worms with elongated, fusiform, or saclike bodies covered with
417	cuticle and inhabiting soil, water, plants, or plant parts), and
418	may also be known as nemas or eelworms.
419	(45) "Official sample" means any sample of a pesticide
420	taken by the department in accordance with the provisions of
421	this part chapter or rules adopted under this part chapter, and
422	designated as official by the department.
423	(46) "Organotin compound" means any compound of tin used
424	as a biocide in an antifouling paint.
425	(47) "Percent" means one one-hundredth part by weight or
426	volume.
427	(48) "Pest" means:
428	(a) Any insect, rodent, nematode, fungus, weed; or
429	(b) Any other form of terrestrial or aquatic plant or
430	animal life or virus, bacteria, or other microorganism, except
431	viruses, bacteria, or other microorganisms on or in living
432	humans or other living animals, which is declared to be a pest
433	by the administrator of the United States Environmental
434	Protection Agency or which may be declared to be a pest by the
435	department by rule.
436	(49) "Pesticide" means any substance or mixture of
437	substances intended for preventing, destroying, repelling, or
438	mitigating any insects, rodents, nematodes, fungi, weeds, or
439	other forms of plant or animal life or viruses, except viruses,
440	bacteria, or fungi on or in living humans or other animals,
441	which the department by rule declares to be a pest, and any
442	substance or mixture of substances intended for use as a plant
443	regulator, defoliant, or desiccant; however, the term
444	"pesticide" does not include any article that:
445	(a) Is a "new animal drug" within the meaning of s. 201(w)
446	of the Federal Food, Drug, and Cosmetic Act;
447	(b) Has been determined by the Secretary of the United
448	States Department of Health and Human Services not to be a new
449	animal drug by a regulation establishing conditions of use for
450	the article; or
451	(c) Is an animal feed within the meaning of s. 201(x) of
452	the Federal Food, Drug, and Cosmetic Act bearing or containing
453	an article covered in this subsection.
454	(50) "Plant nutrient" means any ingredient that furnishes
455	nourishment to the plant or promotes its growth in a normal
456	manner.
457	(51) "Plant regulator" means any substance or mixture of
458	substances intended, through physiological action, for
459	accelerating or retarding the rate of growth or maturation, or
460	for otherwise altering the behavior, of ornamental or crop
461	plants or the produce thereof; but does not include substances
462	intended as plant nutrients, trace elements, nutritional
463	chemicals, plant inoculants, or soil amendments.
464	(52) "Private applicator" means an individual who has
465	reached the age of majority and is licensed by the department to
466	use or supervise the use of any restricted-use pesticide for
467	purposes of producing any agricultural commodity on property
468	owned or rented by his or her employer, or, if applied without
469	compensation other than the trading of personal services between
470	producers of agricultural commodities, on the property of
471	another person.
472	(53) "Product" means a unique pesticide and label as
473	distinguished by its individually assigned United States
474	Environmental Protection Agency registration number, special
475	local need registration number, or experimental use permit
476	number.
477	(54) "Protect health and the environment" means protection
478	against any unreasonable adverse effects on people or the
479	environment.
480	(55) "Public applicator" means an individual who has
481	reached the age of majority and is licensed by the department to
482	use or supervise the use of restricted-use pesticides as an
483	employee of a state agency, municipal corporation, or other
484	governmental agency.
485	(56) "Product specific applicator" means an individual who
486	has reached the age of majority and is licensed by the
487	department to use or supervise the use of a particular
488	restricted-use pesticide product that is identified on the
489	license by the United States Environmental Protection Agency
490	registration number, as well as any Florida special local need
491	registration number and any specific identifying information as
492	deemed appropriate for nonfederally registered products exempt
493	under s. 18 of the Federal Insecticide, Fungicide, and
494	Rodenticide Act, provided that the restricted-use pesticide
495	product is used for the purpose of producing agricultural
496	commodities on property owned or rented by the licensee or the
497	licensee's employer, or is applied on the property of another
498	person without compensation other than trading of personal
499	services between producers of agricultural commodities.
500	(57) "Registrant" means the person registering any
501	pesticide pursuant to the provisions of this part chapter.
502	(58) "Restricted-use pesticide" means a pesticide which,
503	when applied in accordance with its directions for use,
504	warnings, and cautions and for uses for which it is registered
505	or for one or more such uses, or in accordance with a widespread
506	and commonly recognized practice, may generally cause, without
507	additional regulatory restrictions, unreasonable adverse effects
508	on the environment, or injury to the applicator or other
509	persons, and which has been classified as a restricted-use
510	pesticide by the department or the administrator of the United
511	States Environmental Protection Agency.
512	(59) "Sell or sale" includes exchanges.
513	(60) "Special local need registration" means a state
514	registration issued by the department as authorized in s. 24(c)
515	of the Federal Insecticide, Fungicide, and Rodenticide Act.
516	(61) "Special review" is a process for reviewing selected
517	pesticides based upon information that the pesticides have been
518	found to present environmental or health concerns not considered
519	in the registration process or that data submitted in support of
520	registration are inadequate or outdated.
521	(62) "Tolerance" means the deviation from the guaranteed
522	analysis permitted by law.
523	(63) "Transportation of pesticides in bulk" means the
524	movement of a pesticide which is held in an individual container
525	in undivided quantities of greater than 55 U.S. gallons liquid
526	measure or 100 pounds net dry weight.
527	(64) "Under the direct supervision of a licensed
528	applicator" means, unless otherwise prescribed by its labeling,
529	a pesticide that must be applied by a competent person acting
530	under the instruction and control of a licensed applicator who
531	is available if and when needed, even though the licensed
532	applicator is not physically present when the pesticide is
533	applied.
534	(65) "Unreasonable adverse effects on the environment"
535	means any unreasonable risk to humans or the environment, taking
536	into account the economic, social, and environmental costs and
537	benefits of the use of any pesticide.
538	(66) "Vessel" means any type of watercraft or other
539	artificial contrivance used, or capable of being used, as a
540	means of transportation on water.
541	(67) "Weed" means any plant which grows where not wanted.
542	Section 11. Paragraphs (b) and (f) of subsection (2) of
543	section 487.025, Florida Statutes, are amended to read:
544	487.025 Misbranding.--
545	(2) A pesticide is misbranded if:
546	(b) Its labeling bears any reference to registration under
547	this part chapter.
548	(f) Any word, statement, or other information required by
549	or under authority of this part chapterto appear on the
550	labeling is not prominently placed thereon with such
551	conspicuousness, as compared with other words, statements,
552	designs, or graphic matter in the labeling, and in such terms as
553	to render it likely to be read and understood by the ordinary
554	individual under customary conditions of purchase and use.
555	Section 12. Subsections (2), (4), and (5), and paragraphs
556	(g), (h), (l), (n), (p), (q), and (r) of subsection (13) of
557	section 487.031, Florida Statutes, are amended to read:
558	487.031 Prohibited acts.--It is unlawful:
559	(2) To distribute, sell, or offer for sale within this
560	state any pesticide or product which has not been registered
561	pursuant to the provisions of this part chapter, except
562	pesticides distributed, sold, offered for sale, or used in
563	accordance with the provisions of federal or state restriction,
564	supervision, or cancellation orders or other existing stock
565	agreements.
566	(4) To detach, alter, deface, or destroy, in whole or in
567	part, any label or labeling provided for in this part chapteror
568	rules promulgated under this part chapter, or to add any
569	substance to, or take any substance from, any pesticide in a
570	manner that may defeat the purpose of this part chapter.
571	(5) For any person to use for his or her own advantage or
572	to reveal any information relative to formulas of products
573	acquired by authority of this part chapter, other than to: the
574	department, proper officials, or employees of the state; the
575	courts of this state in response to a subpoena; physicians,
576	pharmacists, and other qualified persons, in an emergency, for
577	use in the preparation of antidotes. The information relative to
578	formulas of products is confidential and exempt from the
579	provisions of s. 119.07(1).
580	(13) For any person to:
581	(g) Refuse or, after notice, neglect to comply with the
582	provisions of this part chapter, the rules adopted under this
583	part chapter, or any lawful order of the department;
584	(h) Refuse or neglect to keep and maintain the records
585	required by this part chapteror to submit reports when and as
586	required;
587	(l) Aid or abet a licensed or unlicensed person to evade
588	the provisions of this part chapter, or combine or conspire with
589	a licensed or unlicensed person to evade the provisions of this
590	part chapter, or allow a license to be used by an unlicensed
591	person;
592	(n) Make false or misleading statements, or fail to
593	report, pursuant to this part chapter, any suspected or known
594	damage to property or illness or injury to persons caused by the
595	application of pesticides;
596	(p) Fail to maintain a current liability insurance policy
597	or surety bond as provided for in this part chapter;
598	(q) Fail to adequately train, as provided for in this part
599	chapter, unlicensed applicators or mixer-loaders applying
600	restricted-use pesticides under the direct supervision of a
601	licensed applicator; or
602	(r) Fail to provide authorized representatives of the
603	department with records required by this part chapteror with
604	free access for inspection and sampling of any pesticide, areas
605	treated with or impacted by these materials, and equipment used
606	in their application.
607	Section 13. Subsections (2), (3), and (8) of section
608	487.041, Florida Statutes, are amended to read:
609	487.041 Registration.--
610	(2) For the purpose of defraying expenses of the
611	department in connection with carrying out the provisions of
612	this part chapter, each person shall pay an annual registration
613	fee of $250 for each registered pesticide. The annual
614	registration fee for each special local need label and
615	experimental use permit shall be $100. All registrations expire
616	on December 31 of each year. Nothing in this section shall be
617	construed as applying to distributors or retail dealers selling
618	pesticides when such pesticides are registered by another
619	person.
620	(3) The department shall adopt rules governing the
621	procedures for pesticide registration and for the review of data
622	submitted by an applicant for registration of a pesticide. The
623	department shall determine whether a pesticide should be
624	registered, registered with conditions, or tested under field
625	conditions in this state. The department shall determine that
626	all requests for pesticide registrations meet the requirements
627	of current state and federal law. The department, whenever it
628	deems it necessary in the administration of this part chapter,
629	may require the manufacturer or registrant to submit the
630	complete formula, quantities shipped into or manufactured in the
631	state for distribution and sale, evidence of the efficacy and
632	the safety of any pesticide, and other relevant data. The
633	department may review and evaluate a registered pesticide if new
634	information is made available which indicates that use of the
635	pesticide has caused an unreasonable adverse effect on public
636	health or the environment. Such review shall be conducted upon
637	the request of the secretary of the Department of Health in the
638	event of an unreasonable adverse effect on public health or the
639	secretary of the Department of Environmental Protection in the
640	event of an unreasonable adverse effect on the environment. Such
641	review may result in modifications, revocation, cancellation, or
642	suspension of a pesticide registration. The department, for
643	reasons of adulteration, misbranding, or other good cause, may
644	refuse or revoke the registration of any pesticide, after notice
645	to the applicant or registrant giving the reason for the
646	decision. The applicant may then request a hearing, pursuant to
647	chapter 120, on the intention of the department to refuse or
648	revoke registration, and, upon his or her failure to do so, the
649	refusal or revocation shall become final without further
650	procedure. In no event shall registration of a pesticide be
651	construed as a defense for the commission of any offense
652	prohibited under this part chapter.
653	(8) Nothing in this section affects the authority of the
654	department to administer the pesticide registration program
655	under this part chapteror the authority of the Commissioner of
656	Agriculture to approve the registration of a pesticide.
657	Section 14. Section 487.0435, Florida Statutes, is amended
658	to read:
659	487.0435 License classification.--The department shall
660	issue certified applicator licenses in the following
661	classifications: certified public applicator; certified private
662	applicator; and certified commercial applicator. In addition,
663	separate classifications and subclassifications may be specified
664	by the department in rule as deemed necessary to carry out the
665	provisions of this part chapter. Each classification shall be
666	subject to requirements or testing procedures to be set forth by
667	rule of the department and shall be restricted to the activities
668	within the scope of the respective classification as established
669	in statute or by rule. In specifying classifications, the
670	department may consider, but is not limited to, the following:
671	(1) Whether the license sought is for commercial, public,
672	or private applicator status.
673	(2) The method of applying the restricted-use pesticide.
674	(3) The specific crops upon which restricted-use
675	pesticides are applied.
676	(4) The proximity of populated areas to the land upon
677	which restricted-use pesticides are applied.
678	(5) The acreage under the control of the licensee.
679	(6) The pounds of technical restricted toxicant applied
680	per acre per year by the licensee.
681	Section 15. Section 487.045, Florida Statutes, is amended
682	to read:
683	487.045 Fees.--
684	(1) The department shall establish applicable fees by
685	rule. The fees shall not exceed $250 for commercial applicators
686	or $100 for private applicators and public applicators, for
687	initial licensing and for each subsequent license renewal. The
688	fees shall be determined annually and shall represent department
689	costs associated with enforcement of the provisions of this part
690	chapter.
691	(2) Fees collected under the provisions of this part
692	chaptershall be deposited into the General Inspection Trust
693	Fund and shall be used to defray expenses in the administration
694	of this part chapter.
695	Section 16. Subsection (2) of section 487.046, Florida
696	Statutes, is amended to read:
697	487.046 Application; licensure.--
698	(2) If the department finds the applicant qualified in the
699	classification for which the applicant has applied, and if the
700	applicant applying for a license to engage in aerial application
701	of pesticides has met all of the requirements of the Federal
702	Aviation Agency and the Department of Transportation of this
703	state to operate the equipment described in the application and
704	has shown proof of liability insurance or posted a surety bond
705	in an amount to be set forth by rule of the department, the
706	department shall issue a certified applicator's license, limited
707	to the classifications for which the applicant is qualified. The
708	license shall expire as required by rules promulgated under this
709	part chapter, unless it has been revoked or suspended by the
710	department prior to expiration, for cause as provided in this
711	part chapter. The license or authorization card issued by the
712	department verifying licensure shall be kept on the person of
713	the licensee while performing work as a licensed applicator.
714	Section 17. Section 487.047, Florida Statutes, is amended
715	to read:
716	487.047 Nonresident license; reciprocal agreement;
717	authorized purchase.--
718	(1) The department may waive all or part of the
719	examination requirements provided for in this part chapteron a
720	reciprocal basis with any other state or agency, or an Indian
721	tribe, that has substantially the same or better standards.
722	(2) Any nonresident applying for a license under this part
723	chapterto operate in the state shall file a Designation of
724	Registered Agent naming the Secretary of State as the agent of
725	the nonresident, upon whom process may be served in the event of
726	any suit against the nonresident. The designation shall be
727	prepared on a form provided by the department and shall render
728	effective the jurisdiction of the courts of this state over the
729	nonresident applicant. However, any nonresident who has a duly
730	appointed registered agent upon whom process may be served as
731	provided by law shall not be required to designate the Secretary
732	of State as registered agent. The Secretary of State shall be
733	allowed the registered-agent fees as provided by law for
734	designating registered agents. The department shall be furnished
735	with a copy of the designation of the Secretary of State or of a
736	registered agent which is certified by the Secretary of State.
737	The Secretary of State shall notify the department of any
738	service of process it receives as registered agent for persons
739	licensed under this part chapter.
740	(3) Restricted-use pesticides may be purchased by any
741	person who holds a valid applicator's license or who holds a
742	valid purchase authorization card issued by the department or by
743	a licensee under chapter 482 or chapter 388. A nonlicensed
744	person may apply restricted-use pesticides under the direct
745	supervision of a licensed applicator. An applicator's license
746	shall be issued by the department on a form supplied by it in
747	accordance with the requirements of this part chapter.
748	Section 18. Subsection (1) of section 487.049, Florida
749	Statutes, is amended to read:
750	487.049 Renewal; late fee; recertification.--
751	(1) The department shall require renewal of a certified
752	applicator's license at 4-year intervals from the date of
753	issuance. If the application for renewal of any license provided
754	for in this part chapteris not filed on time, a late fee shall
755	be assessed not to exceed $50. However, the penalty shall not
756	apply if the renewal application is filed within 60 days after
757	the renewal date, provided the applicant furnishes an affidavit
758	certifying that he or she has not engaged in business subsequent
759	to the expiration of the license for a period not exceeding 60
760	days. A license may be renewed without taking another
761	examination unless the department determines that new knowledge
762	related to the classification for which the applicant has
763	applied makes a new examination necessary; however, the
764	department may require the applicant to provide evidence of
765	continued competency, as determined by rule. If the license is
766	not renewed within 60 days of the expiration date, then the
767	licensee may again be required to take another examination,
768	unless there is some unavoidable circumstance which results in
769	the delay of the renewal of any license issued under this part
770	chapterwhich was not under the applicant's control.
771	Section 19. Paragraph (b) of subsection (1) and subsection
772	(2) of section 487.051, Florida Statutes, are amended to read:
773	487.051 Administration; rules; procedure.--
774	(1) The department may by rule:
775	(b) Establish procedures for the taking and handling of
776	samples and establish tolerances and deficiencies where not
777	specifically provided for in this part chapter; assess
778	penalties; and prohibit the sale or use of pesticides or devices
779	shown to be detrimental to human beings, the environment, or
780	agriculture or to be otherwise of questionable value.
781	(2) The department is authorized to adopt by rule the
782	primary standards established by the United States Environmental
783	Protection Agency with respect to pesticides. If the provisions
784	of this part chapterare preempted in part by federal law, those
785	provisions not preempted shall apply. This part chapteris
786	intended as comprehensive and exclusive regulation of pesticides
787	in this state. Except as provided in chapters 373, 376, 388,
788	403, and 482, or as otherwise provided by law, no agency,
789	commission, department, county, municipality, or other political
790	subdivision of the state may adopt laws, regulations, rules, or
791	policies pertaining to pesticides, including their registration,
792	packaging, labeling, distribution, sale, or use, except that
793	local jurisdictions may adopt or enforce an ordinance pertaining
794	to pesticides if that ordinance is in the area of occupational
795	license taxes, building and zoning regulations, disposal or
796	spillage of pesticides within a water well zone, or pesticide
797	safety regulations relating to containment at the storage site.
798	Section 20. Subsection (4) of section 487.0615, Florida
799	Statutes, is amended to read:
800	487.0615 Pesticide Review Council.--
801	(4) The council is defined as a "substantially interested
802	person" and has standing under chapter 120 in any proceeding
803	conducted by the department relating to the registration of a
804	pesticide under this part chapter. The standing of the council
805	shall in no way prevent individual members of the council from
806	exercising standing in these matters.
807	Section 21. Subsections (1), (2), (3), (4), and (6) and
808	paragraphs (a) and (e) of subsection (7) of section 487.071,
809	Florida Statutes, are amended to read:
810	487.071 Enforcement, inspection, sampling, and analysis.--
811	(1) The department is authorized to enter upon any public
812	or private premises or carrier where pesticides are known or
813	thought to be distributed, sold, offered for sale, held, stored,
814	or applied, during regular business hours in the performance of
815	its duties relating to pesticides and records pertaining to
816	pesticides. No person shall deny or refuse access to the
817	department when it seeks to enter upon any public or private
818	premises or carrier during business hours in performance of its
819	duties under this part chapter.
820	(2) The department is authorized and directed to sample,
821	test, inspect, and make analyses of pesticides sold, offered for
822	sale, distributed, or used within this state, at a time and
823	place and to such an extent as it may deem necessary, to
824	determine whether the pesticides or persons exercising control
825	over the pesticides are in compliance with the provisions of
826	this part chapter, the rules adopted under this part chapter,
827	and the provisions of the pesticide label or labeling.
828	(3) The official analysis shall be made from the official
829	sample. A sealed and identified sample, herein called "official
830	check sample" shall be kept until the analysis on the official
831	sample is completed. However, the registrant may obtain upon
832	request a portion of the official sample. Upon completion of the
833	analysis of the official sample, a true copy of the certificate
834	of analysis shall be mailed to the registrant of the pesticide
835	from whom the official sample was taken and also to the dealer
836	or agent, if any, and consumer, if known. If the official
837	analysis conforms with the provisions of this part chapter, the
838	official check sample may be destroyed. If the official analysis
839	does not conform with the provisions of this part chapter, the
840	rules adopted under this part chapter, and the provisions of the
841	pesticide label or labeling, the official check sample shall be
842	retained for a period of 90 days from the date of the
843	certificate of analysis of the official sample. If within that
844	time the registrant of the pesticide from whom the official
845	sample was taken makes demand for analysis by a referee chemist,
846	a portion of the official check sample sufficient for analysis
847	shall be sent to a referee chemist who is mutually acceptable to
848	the department and the registrant for analysis at the expense of
849	the registrant. Upon completion of the analysis, the referee
850	chemist shall forward to the department and to the registrant a
851	certificate of analysis bearing a proper identification mark or
852	number; and such certificate of analysis shall be verified by an
853	affidavit of the person or laboratory making the analysis. If
854	the certificate of analysis checks within 3 percent of the
855	department's analysis on each active ingredient for which
856	analysis was made, the mean average of the two analyses shall be
857	accepted as final and binding on all concerned. However, if the
858	referee's certificate of analysis shows a variation of greater
859	than 3 percent from the department's analysis in any one or more
860	of the active ingredients for which an analysis was made, upon
861	demand of either the department or the registrant from whom the
862	official sample was taken, a portion of the official check
863	sample sufficient for analysis shall be submitted to a second
864	referee chemist who is mutually acceptable to the department and
865	the registrant, at the expense of the party or parties
866	requesting the referee analysis. Upon completion of the
867	analysis, the second referee chemist shall make a certificate
868	and report as provided in this subsection for the first referee
869	chemist. The mean average of the two analyses nearest in
870	conformity shall be accepted as final and binding on all
871	concerned. If no demand is made for an analysis by a second
872	referee chemist, the department's certificate of analysis shall
873	be accepted as final and binding on all concerned.
874	(4) If a pesticide or device fails to comply with the
875	provisions of this part chapterwith reference to the ingredient
876	statement reflecting the composition of the product, as required
877	on the registration and labeling, and the department
878	contemplates possible criminal proceedings against the person
879	responsible because of this violation, the department shall,
880	after due notice, accord the person an informal hearing or an
881	opportunity to present evidence and opinions, either orally or
882	in writing, with regard to such contemplated proceedings. If in
883	the opinion of the department the facts warrant, the department
884	may refer the facts to the state attorney for the county in
885	which the violation occurred, with a copy of the results of the
886	analysis or the examination of such article; provided that
887	nothing in this part chaptershall be construed as requiring the
888	department to report for prosecution minor violations whenever
889	it believes that the public interest will be subserved by a
890	suitable notice of warning in writing.
891	(6) The department shall, by publication in such manner as
892	it may prescribe, give notice of all judgments entered in
893	actions instituted under the authority of this part chapter.
894	(7)(a) The department may analyze pesticide samples upon
895	request in a manner consistent with this part chapter.
896	(e) In addition to any other penalty provided by this part
897	chapter, the registrant of any pesticide found to be
898	adulterated, misbranded, or otherwise deficient shall reimburse
899	the person requesting the pesticide analysis under this
900	subsection for all fees assessed by and paid to the department.
901	Section 22. Subsections (2), (3), and (4) of section
902	487.081, Florida Statutes, are amended to read:
903	487.081 Exemptions.--
904	(2) No article shall be deemed in violation of this part
905	chapterwhen intended solely for export to a foreign country and
906	when prepared or packed according to the specifications or
907	directions of the purchaser.
908	(3) Notwithstanding any other provision of this part
909	chapter, registration required under this part chapteris not
910	required in the case of a pesticide stored or shipped from one
911	manufacturing plant within this state to another manufacturing
912	plant within this state operated by the same person.
913	(4) Nothing in this part chaptershall be construed to
914	apply to persons duly licensed or certified under chapter 388 or
915	chapter 482 performing any pest control or other operation for
916	which they are licensed or certified under those chapters.
917	Section 23. Subsection (2) of section 487.091, Florida
918	Statutes, is amended to read:
919	487.091 Tolerances, deficiencies, and penalties.--
920	(2) If a pesticide is found by analysis to be deficient in
921	an active ingredient beyond the tolerance as provided in this
922	part chapter, the registrant is subject to a penalty for the
923	deficiency, not to exceed $10,000 per violation. However, no
924	penalty shall be assessed when the official sample was taken
925	from a pesticide that was in the possession of a consumer for
926	more than 45 days from the date of purchase by that consumer, or
927	when the product label specifies that the product should be used
928	by an expiration date that has passed. Procedures for assessing
929	penalties shall be established by rule, based on the degree of
930	the deficiency. Penalties assessed shall be paid to the consumer
931	or, in the absence of a known consumer, the department. If the
932	penalty is not paid within the prescribed period of time as
933	established by rule, the department may deny, suspend, or revoke
934	the registration of any pesticide.
935	Section 24. Section 487.101, Florida Statutes, is amended
936	to read:
937	487.101 Stop-sale, stop-use, removal, or hold orders.--
938	(1) When a pesticide or device is being offered or exposed
939	for sale, used, or held in violation of any of the provisions of
940	this part chapter, the department may issue and enforce a stop-
941	sale, stop-use, removal, or hold order, in writing, to the owner
942	or custodian of the pesticide or device, ordering that the
943	pesticide or device be held at a designated place until the part
944	chapterhas been complied with and the pesticide or device is
945	released, in writing, by the department or the violation has
946	been disposed of by court order.
947	(2) The written notice is warning to all persons,
948	including, but not limited to, the owner or custodian of the
949	pesticide or the owner's or custodian's agents or employees, to
950	scrupulously refrain from moving, bothering, altering, or
951	interfering with the pesticide or device or from altering,
952	defacing, or in any way interfering with the written notice or
953	permitting the same to be done. The willful violation of these
954	provisions is a misdemeanor, subjecting the violator to the
955	penalty provisions of this part chapter.
956	(3) The department shall release the pesticide or device
957	under a stop-sale, stop-use, removal, or hold order when the
958	owner or custodian complies with the provisions of this part
959	chapter.
960	(4) The owner or custodian, with authorization and
961	supervision of the department, may relabel the pesticide or
962	device so that the label will conform to the product, or
963	transfer and return the product to the manufacturer or supplier
964	for the purpose of bringing the product in compliance with the
965	provisions of this part chapter.
966	Section 25. Subsection (1) of section 487.111, Florida
967	Statutes, is amended to read:
968	487.111 Seizure, condemnation, and sale.--
969	(1) Any lot of pesticide or device not in compliance with
970	the provisions of this part chapteris subject to seizure on
971	complaint of the department to the circuit court in the county
972	in which the pesticide or device is located. In the event the
973	court finds the pesticide or device in violation of this part
974	chapterand orders it condemned, it shall be disposed of as the
975	court may direct; provided that in no instance shall the
976	disposition of the pesticide or device be ordered by the court
977	without first giving the owner or custodian an opportunity to
978	apply to the court for release of the pesticide or device or for
979	permission to process or relabel it to bring it into compliance
980	with this part chapter.
981	Section 26. Section 487.13, Florida Statutes, is amended
982	to read:
983	487.13 Cooperation.--The department is authorized and
984	empowered to cooperate with and enter into agreements with any
985	other agency of this state, the United States Department of
986	Agriculture, the United States Environmental Protection Agency,
987	and any other state or federal agency for the purpose of
988	carrying out the provisions of this part chapterand securing
989	uniformity of regulations.
990	Section 27. Section 487.156, Florida Statutes, is amended
991	to read:
992	487.156 Governmental agencies.--All governmental agencies
993	shall be subject to the provisions of this part chapterand
994	rules adopted under this part chapter. Public applicators using
995	or supervising the use of restricted-use pesticides shall be
996	subject to examination as provided in s. 487.044.
997	Section 28. Subsection (1) of section 487.159, Florida
998	Statutes, is amended to read:
999	487.159 Damage or injury to property, animal, or person;
1000	mandatory report of damage or injury; time for filing; failure
1001	to file.--
1002	(1) The person claiming damage or injury to property,
1003	animal, or human beings from application of a pesticide shall
1004	file with the department a written statement claiming damages,
1005	on a form prescribed by the department, within 48 hours after
1006	the damage or injury becomes apparent. The statement shall
1007	contain, but shall not be limited to, the name of the person
1008	responsible for the application of the pesticide, the name of
1009	the owner or lessee of the land on which the crop is grown and
1010	for which the damages are claimed, and the date on which it is
1011	alleged that the damages occurred. The department shall
1012	investigate the alleged damages and notify all concerned parties
1013	of its findings. If the findings reveal a violation of the
1014	provisions of this part chapter, the department shall determine
1015	an appropriate penalty, as provided in this part chapter. The
1016	filing of a statement or the failure to file such a statement
1017	need not be alleged in any complaint which might be filed in a
1018	court of law, and the failure to file the statement shall not be
1019	considered any bar to the maintenance of any criminal or civil
1020	action.
1021	Section 29. Section 487.161, Florida Statutes, is amended
1022	to read:
1023	487.161 Exemptions, nonagricultural pest control and
1024	research.--
1025	(1) Any person duly licensed or certified under chapter
1026	482, or under the supervision of chapter 388, is exempted from
1027	the licensing provisions of this part chapter.
1028	(2) The use of the antibiotic oxytetracycline
1029	hydrochloride for the purpose of controlling lethal yellowing is
1030	exempted from the licensing provisions of this part chapter.
1031	(3) The personnel of governmental, university, or
1032	industrial research agencies are exempted from the provisions of
1033	this part chapterwhen doing applied research within a
1034	laboratory, but shall comply with all the provisions of this
1035	part chapterwhen applying restricted-use pesticides to
1036	experimental or demonstration plots.
1037	Section 30. Section 487.163, Florida Statutes, is amended
1038	to read:
1039	487.163 Information; interagency cooperation.--
1040	(1) The department may, in cooperation with the University
1041	of Florida or other agencies of government, publish information
1042	and conduct short courses of instruction in the safe use and
1043	application of pesticides for the purpose of carrying out the
1044	provisions of this part chapter.
1045	(2) The department may cooperate or enter into formal
1046	agreements with any other agency or educational institution of
1047	this state or its subdivisions or with any agency of any other
1048	state or of the Federal Government for the purpose of carrying
1049	out the provisions of this part chapterand of securing
1050	uniformity of regulations.
1051	Section 31. Subsections (1), (2), and (3) of section
1052	487.171, Florida Statutes, are amended to read:
1053	487.171 Classification of antifouling paint containing
1054	organotin compounds as restricted-use pesticides; prohibition of
1055	distribution and sale.--
1056	(1) The department shall classify antifouling paints
1057	containing organotin compounds having an acceptable release rate
1058	as restricted-use pesticides subject to the requirements of this
1059	part chapter. Antifouling paints containing organotin having
1060	acceptable release rates and sold in spray cans of 16 ounces
1061	avoirdupois weight or less for outboard motor or lower unit use
1062	are exempt from the restricted-use pesticide classification
1063	requirement.
1064	(2) The department shall initiate action under chapter
1065	120, to deny or cancel the registration of antifouling paints
1066	containing organotin compounds which do not have an acceptable
1067	release rate or do not meet other criteria established by the
1068	department in accordance with this part chapter.
1069	(3) Distribution, sale, and use of antifouling paints
1070	containing organotin compounds with acceptable release rates
1071	shall be limited to dealers and applicators licensed by the
1072	department in accordance with this part chapter, to distribute,
1073	sell, or use restricted-use pesticides. Such paint may be
1074	applied only by licensed applicators and may be applied only to
1075	vessels which exceed 25 meters in length or which have aluminum
1076	hulls.
1077	Section 32. Section 487.175, Florida Statutes, is amended
1078	to read:
1079	487.175 Penalties; administrative fine; injunction.--
1080	(1) In addition to any other penalty provided in this part
1081	chapter, when the department finds any person, applicant, or
1082	licensee has violated any provision of this part chapteror rule
1083	adopted under this part chapter, it may enter an order imposing
1084	any one or more of the following penalties:
1085	(a) Denial of an application for licensure.
1086	(b) Revocation or suspension of a license.
1087	(c) Issuance of a warning letter.
1088	(d) Placement of the licensee on probation for a specified
1089	period of time and subject to conditions the department may
1090	specify by rule, including requiring the licensee to attend
1091	continuing education courses, to demonstrate competency through
1092	a written or practical examination, or to work under the direct
1093	supervision of another licensee.
1094	(e) Imposition of an administrative fine not to exceed
1095	$10,000 for each violation. When imposing any fine under this
1096	paragraph, the department shall consider the degree and extent
1097	of harm caused by the violation, the cost of rectifying the
1098	damage, the amount of money the violator benefited from by
1099	noncompliance, whether the violation was committed willfully,
1100	and the compliance record of the violator.
1101	(2) Any person who violates any provision of this part
1102	chapteror rules adopted pursuant thereto commits a misdemeanor
1103	of the second degree and upon conviction is punishable as
1104	provided in ss. 775.082 and 775.083. For a subsequent violation,
1105	such person commits a misdemeanor of the first degree and upon
1106	conviction is punishable as provided in ss. 775.082 and 775.083.
1107	(3) In addition to the remedies provided in this part
1108	chapterand notwithstanding the existence of any adequate remedy
1109	at law, the department may bring an action to enjoin the
1110	violation or threatened violation of any provision of this part
1111	chapter, or rule adopted under this part chapter, in the circuit
1112	court of the county in which the violation occurred or is about
1113	to occur. Upon the department's presentation of competent and
1114	substantial evidence to the court of the violation or threatened
1115	violation, the court shall immediately issue the temporary or
1116	permanent injunction sought by the department. The injunction
1117	shall be issued without bond. A single act in violation of any
1118	provision of this part chaptershall be sufficient to authorize
1119	the issuance of an injunction.
1120	Section 33. Subsection (1) of section 403.088, Florida
1121	Statutes, is amended to read:
1122	403.088 Water pollution operation permits; conditions.--
1123	(1) No person, without written authorization of the
1124	department, shall discharge into waters within the state any
1125	waste which, by itself or in combination with the wastes of
1126	other sources, reduces the quality of the receiving waters below
1127	the classification established for them. However, this section
1128	shall not be deemed to prohibit the application of pesticides to
1129	waters in the state for the control of insects, aquatic weeds,
1130	or algae, provided the application is performed pursuant to a
1131	program approved by the Department of Health, in the case of
1132	insect control, or the department, in the case of aquatic weed
1133	or algae control. The department is directed to enter into
1134	interagency agreements to establish the procedures for program
1135	approval. Such agreements shall provide for public health,
1136	welfare, and safety, as well as environmental factors. Approved
1137	programs must provide that only chemicals approved for the
1138	particular use by the United States Environmental Protection
1139	Agency or by the Department of Agriculture and Consumer Services
1140	may be employed and that they be applied in accordance with
1141	registered label instructions, state standards for such
1142	application, and the provisions of the Florida Pesticide Law,
1143	part I ofchapter 487.
1144	Section 34. Subsection (1) of section 482.242, Florida
1145	Statutes, is amended to read:
1146	482.242 Preemption.--
1147	(1) This chapter is intended as comprehensive and
1148	exclusive regulation of pest control in this state. The
1149	provisions of this chapter preempt to the state all regulation
1150	of the activities and operations of pest control services,
1151	including the pesticides used pursuant to labeling and
1152	registration approved under part I ofchapter 487. No local
1153	government or political subdivision of the state may enact or
1154	enforce an ordinance that regulates pest control, except that
1155	the preemption in this section does not prohibit a local
1156	government or political subdivision from enacting an ordinance
1157	regarding any of the following:
1158	(a) Local occupational licenses adopted pursuant to
1159	chapter 205.
1160	(b) Land development regulations adopted pursuant to
1161	chapter 163 which include regulation of any aspect of
1162	development, including a subdivision, building construction,
1163	sign regulation or any other regulation concerning the
1164	development of land, or landscaping or tree protection
1165	ordinances which do not include pesticide application
1166	restrictions.
1167	(c) Regulations that:
1168	1. Require, for multicomplex dwellings in excess of 10
1169	units, annual termite inspections for termite activity or
1170	damage, including Formosan termites, which must be performed by
1171	a person licensed under this chapter.
1172	2. Require pest control treatments of structures that have
1173	termite activity or damage which must be performed by a person
1174	licensed under this chapter.
1175	3. Require property owners or other persons to obtain
1176	inspections or pest control treatments performed by a person
1177	licensed under this chapter.
1178
1179	An ordinance by a local government or political subdivision
1180	which requires an annual inspection or pest control treatment
1181	must conform to current law.
1182	(d) Protection of wellhead protection areas and high
1183	recharge areas.
1184	(e) Hazardous materials reporting as set forth in part II
1185	of chapter 252, storage, and containment including as relating
1186	to stormwater management.
1187	(f) Hazardous material unlawful discharge and disposal.
1188	(g) Hazardous materials remediation.
1189	Section 35. Paragraph (x) of subsection (1) of section
1190	500.03, Florida Statutes, is amended to read:
1191	500.03 Definitions; construction; applicability.--
1192	(1) For the purpose of this chapter, the term:
1193	(x) "Pesticide chemical" means any substance which, alone,
1194	in chemical combination, or in formulation with one or more
1195	other substances is a "pesticide" within the meaning of the
1196	Florida Pesticide Law, part I ofchapter 487, and which is used
1197	in the production, storage, or transportation of raw
1198	agricultural commodities.
1199	Section 36. Subsections (1) and (6) of section 570.44,
1200	Florida Statutes, are amended to read:
1201	570.44 Division of Agricultural Environmental Services;
1202	powers and duties.--The duties of the Division of Agricultural
1203	Environmental Services include, but are not limited to:
1204	(1) Inspecting and drawing samples of: commercial feeds
1205	offered for sale in this state and enforcing those provisions of
1206	chapter 580 authorized by the department; seeds offered for sale
1207	in this state and enforcing those provisions of chapter 578
1208	authorized by the department; certified seed grown in this
1209	state; fertilizers offered for sale in this state and enforcing
1210	those provisions of chapter 576 authorized by the department;
1211	and pesticides offered for sale in this state, and soil and
1212	water in this state for the presence of pesticides, and
1213	enforcing those provisions of chapter part I of487 authorized
1214	by the department.
1215	(6) Analyzing samples of pesticide formulations offered
1216	for sale in this state and tank mix, soil, water, and other
1217	environmental samples related to pesticide use investigations,
1218	as required under part I ofchapter 487.
1219	Section 37. In editing manuscript for the next edition of
1220	the official Florida Statutes, the Division of Statutory
1221	Revision shall designate ss. 487.011-487.175, Florida Statutes,
1222	as part I of that chapter and ss. 487.2011-487.2071, Florida
1223	Statutes, as created by this act, as part II of that chapter.
1224	Section 38. This act shall take effect July 1, 2004.