January 27, 2021
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Bill Text: HB 0039
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.
28          Be It Enacted by the Legislature of the State of Florida:
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.
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.