January 27, 2021
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HB 0039CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to worker safety with respect to
7agricultural pesticides; creating s. 487.2011, F.S.;
8providing a part title; creating s. 487.2021, F.S.;
9declaring legislative intent; creating s. 487.2031, F.S.;
10defining terms; creating s. 487.2041, F.S.; providing for
11enforcement of federal worker protection regulations;
12creating s. 487.2051, F.S.; requiring agricultural
13employers to make agricultural pesticide information
14available to workers, service providers, medical
15personnel, and certain organizations; creating s.
16487.2061, F.S.; prohibiting agricultural employers from
17failing to provide required information and from taking
18retaliatory action against workers for exercising their
19rights; creating s. 487.2071, F.S.; providing penalties;
20providing for relief against retaliation; providing for
21monitoring complaints of retaliation; providing for a
22report; amending ss. 487.011, 487.012, 487.021, 487.025,
23487.031, 487.041, 487.0435, 487.045, 487.046, 487.047,
24487.049, 487.051, 487.0615, 487.071, 487.081, 487.091,
25487.101, 487.111, 487.13, 487.156, 487.159, 487.161,
26487.163, 487.171, and 487.175, F.S.; changing the term
27"chapter" to "part" to conform to the act; amending ss.
28403.088, 482.242, 500.03, and 570.44, F.S.; conforming
29references; providing a directive to the Division of
30Statutory Revision; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 487.2011, Florida Statutes, is created
35to read:
36     487.2011  Part title.--This part may be cited as the
37"Florida Agricultural Worker Safety Act" and shall be
38administered by the Department of Agriculture and Consumer
39Services.
40     Section 2.  Section 487.2021, Florida Statutes, is created
41to read:
42     487.2021  Legislative intent.--It is the intent of the
43Legislature, by this part, to ensure that agricultural workers
44employed in the state receive protection from agricultural
45pesticides. The Legislature intends to ensure that agricultural
46workers be given information concerning agricultural pesticides.
47     Section 3.  Section 487.2031, Florida Statutes, is created
48to read:
49     487.2031  Definitions.--For purposes of this part, the
50term:
51     (1)  "Agricultural employer" means any person who hires or
52contracts for the services of workers, for any type of
53compensation, to perform activities related to the production of
54agricultural plants, or any person who is an owner of or is
55responsible for the management or condition of an agricultural
56establishment that uses such workers.
57     (2)  "Agricultural establishment" means any farm, forest,
58nursery, or greenhouse.
59     (3)  "Agricultural plant" means any plant grown or
60maintained for commercial or research purposes and includes, but
61is not limited to, food, feed, and fiber plants, trees,
62turfgrass, flowers, shrubs, ornamentals, and seedlings.
63     (4)  "Department" means the Department of Agriculture and
64Consumer Services or its authorized representative.
65     (5)  "Fact sheet" means any state or federally approved
66fact sheet.
67     (6)  "Material safety data sheet" means written or printed
68material concerning an agricultural pesticide which sets forth
69the following information:
70     (a)  The chemical name and the common name of the
71agricultural pesticide.
72     (b)  The hazards or other risks in the use of the
73agricultural pesticide, including:
74     1.  The potential for fire, explosions, corrosivity, and
75reactivity.
76     2.  The known acute health effects and chronic health
77effects of risks from exposure to the agricultural pesticide,
78including those medical conditions which are generally
79recognized as being aggravated by exposure to the agricultural
80pesticide.
81     3.  The primary routes of entry and symptoms of
82overexposure.
83     (c)  The proper precautions, handling practices, necessary
84personal protective equipment, and other safety precautions in
85the use of or exposure to the agricultural pesticide, including
86appropriate emergency treatment in case of overexposure.
87     (d)  The emergency procedures for spills, fire, disposal,
88and first aid.
89     (e)  A description of the known specific potential health
90risks posed by the agricultural pesticide, which description is
91written in lay terms and is intended to alert any person who
92reads the information.
93     (f)  The year and the month, if available, that the
94information was compiled and the name, address, and emergency
95telephone number of the manufacturer responsible for preparing
96the information.
97     (7)  "Retaliation" means actions, such as dismissal,
98demotion, harassment, blacklisting with other employers,
99reducing pay or work hours, or taking away company housing, by
100any agricultural employer against any worker who exercises any
101right under the United States Environmental Protection Agency
102Worker Protection Standard, 40 C.F.R. s. 170.7(b) (August 21,
1031992), or this part.
104     (8)  "Trainer" means any person who qualifies to train
105workers under the pesticide safety training requirements of the
106United States Environmental Protection Agency Worker Protection
107Standard, 40 C.F.R. s. 170.130 (August 21, 1992).
108     (9)  "Worker" means any person, including a farmworker or a
109self-employed person, who is employed for any type of
110compensation and who is performing activities relating to the
111production of agricultural plants on an agricultural
112establishment. The term "worker" does not include any person
113employed by a commercial pesticide handling establishment to
114perform tasks as a crop advisor.
115     Section 4.  Section 487.2041, Florida Statutes, is created
116to read:
117     487.2041  Enforcement of federal worker protection
118regulations.--The department shall adopt by rule the regulations
119established by the United States Environmental Protection Agency
120Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
121156, and the Worker Protection Standard, 40 C.F.R. part 170,
122adopted August 21, 1992. If the provisions of this part are
123preempted in part by federal law, those provisions not preempted
124shall apply.
125     Section 5.  Section 487.2051, Florida Statutes, is created
126to read:
127     487.2051  Availability of agricultural pesticide
128information.--
129     (1)(a)  The agricultural employer shall make available
130agricultural pesticide information concerning any agricultural
131pesticide to any worker who enters an agricultural pesticide
132treated area on an agricultural establishment where, within the
133last 30 days, an agricultural pesticide has been applied or a
134restricted-entry interval has been in effect or to any worker
135who may be exposed to the agricultural pesticide during normal
136conditions of use or in a foreseeable emergency.
137     (b)  The agricultural pesticide information shall be in the
138form of a material safety data sheet or a state or federally
139approved fact sheet. The agricultural employer shall provide a
140written copy of the information specified in this section within
1412 working days after a request for the information by a worker,
142a service provider, a community-based organization, a charitable
143organization, or medical personnel on behalf of the worker.
144     (c)  The distributor, manufacturer, or importer of
145agricultural pesticides shall prepare and provide each direct
146purchaser of agricultural pesticides with a material safety data
147sheet. If the material safety data sheet or fact sheet for the
148agricultural pesticide is not available at the time the
149agricultural pesticide is purchased, the agricultural employer
150shall take appropriate and timely steps to obtain the material
151safety data sheet or fact sheet from the distributor, the
152manufacturer, the department, a federal agency, or another
153distribution source.
154     (2)  The department shall design and make available to the
155trainer a one-page general agricultural pesticide safety sheet,
156hereafter referred to as "safety sheet." This safety sheet must
157be in a language understood by the worker and must include, but
158is not limited to, illustrated instructions on prevention of
159agricultural pesticide exposure and toll-free numbers to the
160Florida Poison Control Centers so that workers may call for
161additional agricultural pesticide exposure information. The
162trainer shall provide to the worker the safety sheet at the time
163of training pursuant to the United States Environmental
164Protection Agency Worker Protection Standard, 40 C.F.R. s.
165170.130 (August 21, 1992).
166     Section 6.  Section 487.2061, Florida Statutes, is created
167to read:
168     487.2061  Prohibited acts.--It is unlawful for any
169agricultural employer to:
170     (1)  Fail to provide agricultural pesticide information as
171provided for in this part.
172     (2)  Take any retaliatory action against any worker for
173exercising any right under the provisions of the United States
174Environmental Protection Agency Worker Protection Standard, 40
175C.F.R. s. 170.7(b) (August 21, 1992), or this part.
176     Section 7.  Section 487.2071, Florida Statutes, is created
177to read:
178     487.2071  Penalties against agricultural employer
179violators; worker relief; monitoring complaints of
180retaliation.--
181     (1)  Penalties set forth in part I of this chapter shall be
182applied to any agricultural employer who violates any provision
183in this part. Agricultural employers who violate the provisions
184of this part also shall be subject to the federal penalties in
185the United States Environmental Protection Agency Worker
186Protection Standard, 40 C.F.R. s. 170.9(b).
187     (2)(a)  Any worker who has been retaliated against by any
188agricultural employer for exercising any right under the United
189States Environmental Protection Agency Worker Protection
190Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992), or this part
191may seek relief under ss. 448.102-448.104.
192     (b)  Any worker who has been retaliated against by any
193agricultural employer for exercising any right under the United
194States Environmental Protection Agency Worker Protection
195Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992), or this part
196and seeks relief pursuant to this section, or an individual or
197organization authorized by s. 487.2051(1)(b), shall file a
198complaint with the department of such retaliation.
199     (c)  In any action brought pursuant to this section where
200the retaliatory personnel action is predicated upon the
201disclosure of an illegal activity, policy, or practice to an
202appropriate governmental agency, the worker shall not be
203required to show that the disclosure to the governmental agency
204was under oath or in writing or that the notification to the
205employer concerning the illegal activity, policy, or practice
206was in writing as provided in s. 448.102(1).
207     (3)  The department shall monitor all complaints of
208retaliation which it receives and report its findings to the
209President of the Senate and the Speaker of the House of
210Representatives on October 1, 2007. The report shall include the
211number of such complaints received, the circumstances
212surrounding the complaints, and the action taken concerning the
213complaints.
214     Section 8.  Section 487.011, Florida Statutes, is amended
215to read:
216     487.011  Part Short title; administration.--This part
217chapter may be cited as the "Florida Pesticide Law" and shall be
218administered by the Department of Agriculture and Consumer
219Services.
220     Section 9.  Section 487.012, Florida Statutes, is amended
221to read:
222     487.012  Declaration of purpose.--The purpose of this part
223chapter is to regulate the distribution, sale, and use of
224pesticides, except as provided in chapters 388 and 482, and to
225protect people and the environment from the adverse effects of
226pesticides.
227     Section 10.  Section 487.021, Florida Statutes, is amended
228to read:
229     487.021  Definitions.--For the purpose of this part
230chapter:
231     (1)  "Acceptable release rate" means a measured release
232rate not exceeding 4.0 micrograms per square centimeter per day
233at steady state conditions as determined in accordance with a
234United States Environmental Protection Agency testing data call-
235in notice of July 29, 1986, on tributyltin in antifouling paints
236under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
237U.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
240regulator, defoliant, or desiccant, an ingredient which will
241prevent, destroy, repel, or mitigate insects, nematodes, fungi,
242rodents, weeds, or other pests.
243     (b)  In the case of a plant regulator, an ingredient which,
244through physiological action, will accelerate or retard the rate
245of growth or rate of maturation, or otherwise alter the
246behavior, of ornamental or crop plants or the produce thereof.
247     (c)  In the case of a defoliant, an ingredient which will
248cause the leaves or foliage to drop from a plant.
249     (d)  In the case of a desiccant, an ingredient which will
250artificially accelerate the drying of plant tissue.
251     (3)  "Added ingredient" means any plant nutrient or plant
252regulator added to the mixture which is not an active pesticidal
253ingredient, but which the manufacturer wishes to show on the
254label.
255     (4)  "Adulterated" applies to any pesticide if its strength
256or purity falls below or is in excess of the professed standard
257of quality as expressed on labeling or under which it is sold,
258if any substance has been substituted wholly or in part for the
259pesticide or if any valuable constituent of the pesticide has
260been wholly or in part abstracted.
261     (5)  "Advertisement" means all representations disseminated
262in any manner or by any means other than by labeling, for the
263purpose of inducing, or which are likely to induce, directly or
264indirectly, the purchase of pesticides.
265     (6)  "Age of majority" means any natural person 18 years of
266age or older, or an emancipated minor.
267     (7)  "Aircraft" means any machine designed for flight and
268for use in applying pesticides.
269     (8)  "Animal" means all vertebrate and invertebrate
270species, including, but not limited to, humans and other
271mammals, birds, fish, and shellfish.
272     (9)  "Antidote" means the most practical immediate
273treatment for poisoning and includes first aid treatment.
274     (10)  "Antifouling paint" means a coating, paint, or
275treatment that is intended for use as a pesticide, as defined in
276this section, to control freshwater or marine fouling organisms.
277     (11)  "Antisiphon device" means a safety device used to
278prevent the backflow of a mixture of water and chemicals into
279the water supply.
280     (12)  "Batch" or "lot" means a quantity of pesticide
281produced or packaged and readily identified by numbers, letters,
282or other symbols.
283     (13)  "Brand" means the name, number, trademark, or any
284other designation which distinguishes one pesticide product from
285another.
286     (14)  "Certification" means the recognition by the
287department that an individual is a competent pesticide
288applicator and, thus, is eligible for licensure in one or more
289of the designated license types and categories.
290     (15)  "Certified applicator" means any individual who has
291been recognized by the department as a competent pesticide
292applicator and, thus, is eligible to apply for licensure in one
293or more of the designated license types and categories.
294     (16)  "Commercial applicator" means an individual who has
295reached the age of majority and is licensed by the department to
296use or supervise the use of any restricted-use pesticide for any
297purpose on any property other than as provided by the
298definitions of "private applicator," "product specific
299applicator," or "public applicator," whether or not the
300individual is a private applicator with respect to some uses.
301     (17)  "Dealer" means any person, other than the
302manufacturer or distributor, who offers for sale, sells,
303barters, or otherwise supplies pesticides to the ultimate user
304or consumer.
305     (18)  "Deficiency" means the amount of an active ingredient
306of a pesticide by which it fails to come up to its guaranteed
307analysis when analyzed.
308     (19)  "Defoliant" means any substance or mixture of
309substances intended for causing the leaves or foliage to drop
310from a plant, with or without causing abscission.
311     (20)  "Department" means the Department of Agriculture and
312Consumer Services or its authorized representative.
313     (21)  "Desiccant" means any substance or mixture of
314substances intended for artificially accelerating the drying of
315plant tissues.
316     (22)  "Device" means any instrument or contrivance (other
317than a firearm) which is intended for trapping, destroying,
318repelling, or mitigating, any pest or other form of plant or
319animal life (other than human and other than bacteria, virus, or
320other microorganism on or in living humans or other living
321animals); but not including equipment used for the application
322of pesticides when sold separately.
323     (23)  "Distribute" means to offer for sale, hold for sale,
324sell, barter, or supply pesticides in this state.
325     (24)  "Distributor" means any person who offers for sale,
326holds for sale, sells, barters, or supplies pesticides in this
327state.
328     (25)  "Emergency exemption" means an exemption as
329authorized in s. 18 of the Federal Insecticide, Fungicide, and
330Rodenticide Act.
331     (26)  "Environment" means all water, air, land, plants, and
332animals, and their relationships with one another.
333     (27)  "Equipment" means any type of ground, aquatic, or
334aerial device used to apply any pesticide on land, and on
335anything that may be growing, habituating, or stored on or in
336the land. Equipment does not include any pressurized hand-size
337household device used to apply any pesticide, or any other
338device where the person applying the pesticide is the source of
339power for applying the pesticide.
340     (28)  "Excess" means the amount of an active ingredient of
341a pesticide found by analysis to be over the guaranteed amount.
342     (29)  "Experimental use permit" means a permit issued by
343the department or by the United States Environmental Protection
344Agency as authorized in s. 5 of the Federal Insecticide,
345Fungicide, and Rodenticide Act.
346     (30)  "Fungi" means all non-chlorophyll-bearing
347thallophytes (that is, all non-chlorophyll-bearing plants of a
348lower order than mosses and liverworts), as, for example, rusts,
349smuts, mildews, molds, yeasts, and bacteria, except those on or
350in living humans or other animals.
351     (31)  "Highly toxic" means any highly poisonous pesticide
352as determined by the rules promulgated pursuant to this part
353chapter.
354     (32)  "Imminent hazard" means a situation which exists when
355the continued use of a pesticide during the time required for
356cancellation proceedings would be likely to result in
357unreasonable adverse effects on the environment or will involve
358unreasonable hazard to the survival of a species declared
359endangered.
360     (33)  "Ineffective" means that pesticides such as
361bacteriostats, disinfectants, germicides, sanitizers, and like
362products fail to meet microbiological claims when tested in the
363laboratory utilizing the officially approved procedures of the
364Association of Official Analytical Chemists or other methods or
365procedures as the department may find necessary.
366     (34)  "Inert ingredient" means an ingredient which is not
367an active ingredient.
368     (35)  "Ingredient statement" means a statement of the name
369and percentage by weight of each active ingredient, together
370with the total percentage of the inert ingredients in the
371pesticides.
372     (36)  "Insect" means any of the numerous small invertebrate
373animals generally having the body more or less obviously
374segmented, for the most part belonging to the class Insecta,
375comprising six legs, usually in winged form (as, for example,
376beetles, bugs, bees, and flies) and to other allied classes and
377arthropods whose members are wingless and usually have more than
378six legs (as, for example, spiders, mites, ticks, centipedes,
379and wood lice).
380     (37)  "Irrigation system" means any device or combination
381of devices having a hose, pipe, or other conduit which connects
382directly to any source of ground or surface water, through which
383device or combination of devices water or a mixture of water and
384chemicals is drawn and applied for agricultural purposes. The
385term does not include any handheld hose sprayer or other similar
386device which is constructed so that an interruption in water
387flow automatically prevents any backflow to the water source.
388     (38)  "Label" means the written, printed, or graphic matter
389on or attached to a pesticide, device, or immediate and outside
390container or wrappers of such pesticide or device.
391     (39)  "Labeling" means all labels and other written,
392printed, or graphic matter referencing the pesticide or device
393or upon any of its containers or wrappers, or accompanying the
394pesticide or device at any time, but does not include accurate,
395nonmisleading reference to current official publications of the
396United States Departments of Agriculture or Interior, the
397Environmental Protection Agency, the United States Public Health
398Service, state experiment stations, state agricultural colleges,
399or other similar federal institutions or official agencies of
400this state or other states authorized by law to conduct research
401in the field of pesticides.
402     (40)  "Land" means all land and water areas, including
403airspace.
404     (41)  "Licensed applicator" means an individual who has
405reached the age of majority and is authorized by license from
406the department to use or supervise the use of any restricted-use
407pesticide covered by the license.
408     (42)  "Manufacturer" means a person engaged in the business
409of importing, producing, preparing, mixing, formulating, or
410reformulating pesticides for the purpose of distribution.
411     (43)  "Mixer-loader" means any individual who handles open
412containers or otherwise prepares, processes, or dilutes
413pesticides in preparation for final application.
414     (44)  "Nematode" means invertebrate animals of the phylum
415Nemathelminthes and class Nematoda (that is, unsegmented round
416worms with elongated, fusiform, or saclike bodies covered with
417cuticle and inhabiting soil, water, plants, or plant parts), and
418may also be known as nemas or eelworms.
419     (45)  "Official sample" means any sample of a pesticide
420taken by the department in accordance with the provisions of
421this part chapter or rules adopted under this part chapter, and
422designated as official by the department.
423     (46)  "Organotin compound" means any compound of tin used
424as a biocide in an antifouling paint.
425     (47)  "Percent" means one one-hundredth part by weight or
426volume.
427     (48)  "Pest" means:
428     (a)  Any insect, rodent, nematode, fungus, weed; or
429     (b)  Any other form of terrestrial or aquatic plant or
430animal life or virus, bacteria, or other microorganism, except
431viruses, bacteria, or other microorganisms on or in living
432humans or other living animals, which is declared to be a pest
433by the administrator of the United States Environmental
434Protection Agency or which may be declared to be a pest by the
435department by rule.
436     (49)  "Pesticide" means any substance or mixture of
437substances intended for preventing, destroying, repelling, or
438mitigating any insects, rodents, nematodes, fungi, weeds, or
439other forms of plant or animal life or viruses, except viruses,
440bacteria, or fungi on or in living humans or other animals,
441which the department by rule declares to be a pest, and any
442substance or mixture of substances intended for use as a plant
443regulator, 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)
446of the Federal Food, Drug, and Cosmetic Act;
447     (b)  Has been determined by the Secretary of the United
448States Department of Health and Human Services not to be a new
449animal drug by a regulation establishing conditions of use for
450the article; or
451     (c)  Is an animal feed within the meaning of s. 201(x) of
452the Federal Food, Drug, and Cosmetic Act bearing or containing
453an article covered in this subsection.
454     (50)  "Plant nutrient" means any ingredient that furnishes
455nourishment to the plant or promotes its growth in a normal
456manner.
457     (51)  "Plant regulator" means any substance or mixture of
458substances intended, through physiological action, for
459accelerating or retarding the rate of growth or maturation, or
460for otherwise altering the behavior, of ornamental or crop
461plants or the produce thereof; but does not include substances
462intended as plant nutrients, trace elements, nutritional
463chemicals, plant inoculants, or soil amendments.
464     (52)  "Private applicator" means an individual who has
465reached the age of majority and is licensed by the department to
466use or supervise the use of any restricted-use pesticide for
467purposes of producing any agricultural commodity on property
468owned or rented by his or her employer, or, if applied without
469compensation other than the trading of personal services between
470producers of agricultural commodities, on the property of
471another person.
472     (53)  "Product" means a unique pesticide and label as
473distinguished by its individually assigned United States
474Environmental Protection Agency registration number, special
475local need registration number, or experimental use permit
476number.
477     (54)  "Protect health and the environment" means protection
478against any unreasonable adverse effects on people or the
479environment.
480     (55)  "Public applicator" means an individual who has
481reached the age of majority and is licensed by the department to
482use or supervise the use of restricted-use pesticides as an
483employee of a state agency, municipal corporation, or other
484governmental agency.
485     (56)  "Product specific applicator" means an individual who
486has reached the age of majority and is licensed by the
487department to use or supervise the use of a particular
488restricted-use pesticide product that is identified on the
489license by the United States Environmental Protection Agency
490registration number, as well as any Florida special local need
491registration number and any specific identifying information as
492deemed appropriate for nonfederally registered products exempt
493under s. 18 of the Federal Insecticide, Fungicide, and
494Rodenticide Act, provided that the restricted-use pesticide
495product is used for the purpose of producing agricultural
496commodities on property owned or rented by the licensee or the
497licensee's employer, or is applied on the property of another
498person without compensation other than trading of personal
499services between producers of agricultural commodities.
500     (57)  "Registrant" means the person registering any
501pesticide pursuant to the provisions of this part chapter.
502     (58)  "Restricted-use pesticide" means a pesticide which,
503when applied in accordance with its directions for use,
504warnings, and cautions and for uses for which it is registered
505or for one or more such uses, or in accordance with a widespread
506and commonly recognized practice, may generally cause, without
507additional regulatory restrictions, unreasonable adverse effects
508on the environment, or injury to the applicator or other
509persons, and which has been classified as a restricted-use
510pesticide by the department or the administrator of the United
511States Environmental Protection Agency.
512     (59)  "Sell or sale" includes exchanges.
513     (60)  "Special local need registration" means a state
514registration issued by the department as authorized in s. 24(c)
515of the Federal Insecticide, Fungicide, and Rodenticide Act.
516     (61)  "Special review" is a process for reviewing selected
517pesticides based upon information that the pesticides have been
518found to present environmental or health concerns not considered
519in the registration process or that data submitted in support of
520registration are inadequate or outdated.
521     (62)  "Tolerance" means the deviation from the guaranteed
522analysis permitted by law.
523     (63)  "Transportation of pesticides in bulk" means the
524movement of a pesticide which is held in an individual container
525in undivided quantities of greater than 55 U.S. gallons liquid
526measure or 100 pounds net dry weight.
527     (64)  "Under the direct supervision of a licensed
528applicator" means, unless otherwise prescribed by its labeling,
529a pesticide that must be applied by a competent person acting
530under the instruction and control of a licensed applicator who
531is available if and when needed, even though the licensed
532applicator is not physically present when the pesticide is
533applied.
534     (65)  "Unreasonable adverse effects on the environment"
535means any unreasonable risk to humans or the environment, taking
536into account the economic, social, and environmental costs and
537benefits of the use of any pesticide.
538     (66)  "Vessel" means any type of watercraft or other
539artificial contrivance used, or capable of being used, as a
540means 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
543section 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
547this part chapter.
548     (f)  Any word, statement, or other information required by
549or under authority of this part chapter to appear on the
550labeling is not prominently placed thereon with such
551conspicuousness, as compared with other words, statements,
552designs, or graphic matter in the labeling, and in such terms as
553to render it likely to be read and understood by the ordinary
554individual 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
557section 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
560state any pesticide or product which has not been registered
561pursuant to the provisions of this part chapter, except
562pesticides distributed, sold, offered for sale, or used in
563accordance with the provisions of federal or state restriction,
564supervision, or cancellation orders or other existing stock
565agreements.
566     (4)  To detach, alter, deface, or destroy, in whole or in
567part, any label or labeling provided for in this part chapter or
568rules promulgated under this part chapter, or to add any
569substance to, or take any substance from, any pesticide in a
570manner that may defeat the purpose of this part chapter.
571     (5)  For any person to use for his or her own advantage or
572to reveal any information relative to formulas of products
573acquired by authority of this part chapter, other than to: the
574department, proper officials, or employees of the state; the
575courts of this state in response to a subpoena; physicians,
576pharmacists, and other qualified persons, in an emergency, for
577use in the preparation of antidotes. The information relative to
578formulas of products is confidential and exempt from the
579provisions of s. 119.07(1).
580     (13)  For any person to:
581     (g)  Refuse or, after notice, neglect to comply with the
582provisions of this part chapter, the rules adopted under this
583part chapter, or any lawful order of the department;
584     (h)  Refuse or neglect to keep and maintain the records
585required by this part chapter or to submit reports when and as
586required;
587     (l)  Aid or abet a licensed or unlicensed person to evade
588the provisions of this part chapter, or combine or conspire with
589a licensed or unlicensed person to evade the provisions of this
590part chapter, or allow a license to be used by an unlicensed
591person;
592     (n)  Make false or misleading statements, or fail to
593report, pursuant to this part chapter, any suspected or known
594damage to property or illness or injury to persons caused by the
595application of pesticides;
596     (p)  Fail to maintain a current liability insurance policy
597or surety bond as provided for in this part chapter;
598     (q)  Fail to adequately train, as provided for in this part
599chapter, unlicensed applicators or mixer-loaders applying
600restricted-use pesticides under the direct supervision of a
601licensed applicator; or
602     (r)  Fail to provide authorized representatives of the
603department with records required by this part chapter or with
604free access for inspection and sampling of any pesticide, areas
605treated with or impacted by these materials, and equipment used
606in their application.
607     Section 13.  Subsections (2), (3), and (8) of section
608487.041, Florida Statutes, are amended to read:
609     487.041  Registration.--
610     (2)  For the purpose of defraying expenses of the
611department in connection with carrying out the provisions of
612this part chapter, each person shall pay an annual registration
613fee of $250 for each registered pesticide. The annual
614registration fee for each special local need label and
615experimental use permit shall be $100. All registrations expire
616on December 31 of each year. Nothing in this section shall be
617construed as applying to distributors or retail dealers selling
618pesticides when such pesticides are registered by another
619person.
620     (3)  The department shall adopt rules governing the
621procedures for pesticide registration and for the review of data
622submitted by an applicant for registration of a pesticide. The
623department shall determine whether a pesticide should be
624registered, registered with conditions, or tested under field
625conditions in this state. The department shall determine that
626all requests for pesticide registrations meet the requirements
627of current state and federal law. The department, whenever it
628deems it necessary in the administration of this part chapter,
629may require the manufacturer or registrant to submit the
630complete formula, quantities shipped into or manufactured in the
631state for distribution and sale, evidence of the efficacy and
632the safety of any pesticide, and other relevant data. The
633department may review and evaluate a registered pesticide if new
634information is made available which indicates that use of the
635pesticide has caused an unreasonable adverse effect on public
636health or the environment. Such review shall be conducted upon
637the request of the secretary of the Department of Health in the
638event of an unreasonable adverse effect on public health or the
639secretary of the Department of Environmental Protection in the
640event of an unreasonable adverse effect on the environment. Such
641review may result in modifications, revocation, cancellation, or
642suspension of a pesticide registration. The department, for
643reasons of adulteration, misbranding, or other good cause, may
644refuse or revoke the registration of any pesticide, after notice
645to the applicant or registrant giving the reason for the
646decision. The applicant may then request a hearing, pursuant to
647chapter 120, on the intention of the department to refuse or
648revoke registration, and, upon his or her failure to do so, the
649refusal or revocation shall become final without further
650procedure. In no event shall registration of a pesticide be
651construed as a defense for the commission of any offense
652prohibited under this part chapter.
653     (8)  Nothing in this section affects the authority of the
654department to administer the pesticide registration program
655under this part chapter or the authority of the Commissioner of
656Agriculture to approve the registration of a pesticide.
657     Section 14.  Section 487.0435, Florida Statutes, is amended
658to read:
659     487.0435  License classification.--The department shall
660issue certified applicator licenses in the following
661classifications: certified public applicator; certified private
662applicator; and certified commercial applicator. In addition,
663separate classifications and subclassifications may be specified
664by the department in rule as deemed necessary to carry out the
665provisions of this part chapter. Each classification shall be
666subject to requirements or testing procedures to be set forth by
667rule of the department and shall be restricted to the activities
668within the scope of the respective classification as established
669in statute or by rule. In specifying classifications, the
670department may consider, but is not limited to, the following:
671     (1)  Whether the license sought is for commercial, public,
672or private applicator status.
673     (2)  The method of applying the restricted-use pesticide.
674     (3)  The specific crops upon which restricted-use
675pesticides are applied.
676     (4)  The proximity of populated areas to the land upon
677which restricted-use pesticides are applied.
678     (5)  The acreage under the control of the licensee.
679     (6)  The pounds of technical restricted toxicant applied
680per acre per year by the licensee.
681     Section 15.  Section 487.045, Florida Statutes, is amended
682to read:
683     487.045  Fees.--
684     (1)  The department shall establish applicable fees by
685rule. The fees shall not exceed $250 for commercial applicators
686or $100 for private applicators and public applicators, for
687initial licensing and for each subsequent license renewal. The
688fees shall be determined annually and shall represent department
689costs associated with enforcement of the provisions of this part
690chapter.
691     (2)  Fees collected under the provisions of this part
692chapter shall be deposited into the General Inspection Trust
693Fund and shall be used to defray expenses in the administration
694of this part chapter.
695     Section 16.  Subsection (2) of section 487.046, Florida
696Statutes, is amended to read:
697     487.046  Application; licensure.--
698     (2)  If the department finds the applicant qualified in the
699classification for which the applicant has applied, and if the
700applicant applying for a license to engage in aerial application
701of pesticides has met all of the requirements of the Federal
702Aviation Agency and the Department of Transportation of this
703state to operate the equipment described in the application and
704has shown proof of liability insurance or posted a surety bond
705in an amount to be set forth by rule of the department, the
706department shall issue a certified applicator's license, limited
707to the classifications for which the applicant is qualified. The
708license shall expire as required by rules promulgated under this
709part chapter, unless it has been revoked or suspended by the
710department prior to expiration, for cause as provided in this
711part chapter. The license or authorization card issued by the
712department verifying licensure shall be kept on the person of
713the licensee while performing work as a licensed applicator.
714     Section 17.  Section 487.047, Florida Statutes, is amended
715to read:
716     487.047  Nonresident license; reciprocal agreement;
717authorized purchase.--
718     (1)  The department may waive all or part of the
719examination requirements provided for in this part chapter on a
720reciprocal basis with any other state or agency, or an Indian
721tribe, that has substantially the same or better standards.
722     (2)  Any nonresident applying for a license under this part
723chapter to operate in the state shall file a Designation of
724Registered Agent naming the Secretary of State as the agent of
725the nonresident, upon whom process may be served in the event of
726any suit against the nonresident. The designation shall be
727prepared on a form provided by the department and shall render
728effective the jurisdiction of the courts of this state over the
729nonresident applicant. However, any nonresident who has a duly
730appointed registered agent upon whom process may be served as
731provided by law shall not be required to designate the Secretary
732of State as registered agent. The Secretary of State shall be
733allowed the registered-agent fees as provided by law for
734designating registered agents. The department shall be furnished
735with a copy of the designation of the Secretary of State or of a
736registered agent which is certified by the Secretary of State.
737The Secretary of State shall notify the department of any
738service of process it receives as registered agent for persons
739licensed under this part chapter.
740     (3)  Restricted-use pesticides may be purchased by any
741person who holds a valid applicator's license or who holds a
742valid purchase authorization card issued by the department or by
743a licensee under chapter 482 or chapter 388. A nonlicensed
744person may apply restricted-use pesticides under the direct
745supervision of a licensed applicator. An applicator's license
746shall be issued by the department on a form supplied by it in
747accordance with the requirements of this part chapter.
748     Section 18.  Subsection (1) of section 487.049, Florida
749Statutes, is amended to read:
750     487.049  Renewal; late fee; recertification.--
751     (1)  The department shall require renewal of a certified
752applicator's license at 4-year intervals from the date of
753issuance. If the application for renewal of any license provided
754for in this part chapter is not filed on time, a late fee shall
755be assessed not to exceed $50. However, the penalty shall not
756apply if the renewal application is filed within 60 days after
757the renewal date, provided the applicant furnishes an affidavit
758certifying that he or she has not engaged in business subsequent
759to the expiration of the license for a period not exceeding 60
760days. A license may be renewed without taking another
761examination unless the department determines that new knowledge
762related to the classification for which the applicant has
763applied makes a new examination necessary; however, the
764department may require the applicant to provide evidence of
765continued competency, as determined by rule. If the license is
766not renewed within 60 days of the expiration date, then the
767licensee may again be required to take another examination,
768unless there is some unavoidable circumstance which results in
769the delay of the renewal of any license issued under this part
770chapter which 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
776samples and establish tolerances and deficiencies where not
777specifically provided for in this part chapter; assess
778penalties; and prohibit the sale or use of pesticides or devices
779shown to be detrimental to human beings, the environment, or
780agriculture or to be otherwise of questionable value.
781     (2)  The department is authorized to adopt by rule the
782primary standards established by the United States Environmental
783Protection Agency with respect to pesticides. If the provisions
784of this part chapter are preempted in part by federal law, those
785provisions not preempted shall apply. This part chapter is
786intended as comprehensive and exclusive regulation of pesticides
787in this state. Except as provided in chapters 373, 376, 388,
788403, and 482, or as otherwise provided by law, no agency,
789commission, department, county, municipality, or other political
790subdivision of the state may adopt laws, regulations, rules, or
791policies pertaining to pesticides, including their registration,
792packaging, labeling, distribution, sale, or use, except that
793local jurisdictions may adopt or enforce an ordinance pertaining
794to pesticides if that ordinance is in the area of occupational
795license taxes, building and zoning regulations, disposal or
796spillage of pesticides within a water well zone, or pesticide
797safety regulations relating to containment at the storage site.
798     Section 20.  Subsection (4) of section 487.0615, Florida
799Statutes, is amended to read:
800     487.0615  Pesticide Review Council.--
801     (4)  The council is defined as a "substantially interested
802person" and has standing under chapter 120 in any proceeding
803conducted by the department relating to the registration of a
804pesticide under this part chapter. The standing of the council
805shall in no way prevent individual members of the council from
806exercising standing in these matters.
807     Section 21.  Subsections (1), (2), (3), (4), and (6) and
808paragraphs (a) and (e) of subsection (7) of section 487.071,
809Florida Statutes, are amended to read:
810     487.071  Enforcement, inspection, sampling, and analysis.--
811     (1)  The department is authorized to enter upon any public
812or private premises or carrier where pesticides are known or
813thought to be distributed, sold, offered for sale, held, stored,
814or applied, during regular business hours in the performance of
815its duties relating to pesticides and records pertaining to
816pesticides. No person shall deny or refuse access to the
817department when it seeks to enter upon any public or private
818premises or carrier during business hours in performance of its
819duties under this part chapter.
820     (2)  The department is authorized and directed to sample,
821test, inspect, and make analyses of pesticides sold, offered for
822sale, distributed, or used within this state, at a time and
823place and to such an extent as it may deem necessary, to
824determine whether the pesticides or persons exercising control
825over the pesticides are in compliance with the provisions of
826this part chapter, the rules adopted under this part chapter,
827and the provisions of the pesticide label or labeling.
828     (3)  The official analysis shall be made from the official
829sample. A sealed and identified sample, herein called "official
830check sample" shall be kept until the analysis on the official
831sample is completed. However, the registrant may obtain upon
832request a portion of the official sample. Upon completion of the
833analysis of the official sample, a true copy of the certificate
834of analysis shall be mailed to the registrant of the pesticide
835from whom the official sample was taken and also to the dealer
836or agent, if any, and consumer, if known. If the official
837analysis conforms with the provisions of this part chapter, the
838official check sample may be destroyed. If the official analysis
839does not conform with the provisions of this part chapter, the
840rules adopted under this part chapter, and the provisions of the
841pesticide label or labeling, the official check sample shall be
842retained for a period of 90 days from the date of the
843certificate of analysis of the official sample. If within that
844time the registrant of the pesticide from whom the official
845sample was taken makes demand for analysis by a referee chemist,
846a portion of the official check sample sufficient for analysis
847shall be sent to a referee chemist who is mutually acceptable to
848the department and the registrant for analysis at the expense of
849the registrant. Upon completion of the analysis, the referee
850chemist shall forward to the department and to the registrant a
851certificate of analysis bearing a proper identification mark or
852number; and such certificate of analysis shall be verified by an
853affidavit of the person or laboratory making the analysis. If
854the certificate of analysis checks within 3 percent of the
855department's analysis on each active ingredient for which
856analysis was made, the mean average of the two analyses shall be
857accepted as final and binding on all concerned. However, if the
858referee's certificate of analysis shows a variation of greater
859than 3 percent from the department's analysis in any one or more
860of the active ingredients for which an analysis was made, upon
861demand of either the department or the registrant from whom the
862official sample was taken, a portion of the official check
863sample sufficient for analysis shall be submitted to a second
864referee chemist who is mutually acceptable to the department and
865the registrant, at the expense of the party or parties
866requesting the referee analysis. Upon completion of the
867analysis, the second referee chemist shall make a certificate
868and report as provided in this subsection for the first referee
869chemist. The mean average of the two analyses nearest in
870conformity shall be accepted as final and binding on all
871concerned. If no demand is made for an analysis by a second
872referee chemist, the department's certificate of analysis shall
873be accepted as final and binding on all concerned.
874     (4)  If a pesticide or device fails to comply with the
875provisions of this part chapter with reference to the ingredient
876statement reflecting the composition of the product, as required
877on the registration and labeling, and the department
878contemplates possible criminal proceedings against the person
879responsible because of this violation, the department shall,
880after due notice, accord the person an informal hearing or an
881opportunity to present evidence and opinions, either orally or
882in writing, with regard to such contemplated proceedings. If in
883the opinion of the department the facts warrant, the department
884may refer the facts to the state attorney for the county in
885which the violation occurred, with a copy of the results of the
886analysis or the examination of such article; provided that
887nothing in this part chapter shall be construed as requiring the
888department to report for prosecution minor violations whenever
889it believes that the public interest will be subserved by a
890suitable notice of warning in writing.
891     (6)  The department shall, by publication in such manner as
892it may prescribe, give notice of all judgments entered in
893actions instituted under the authority of this part chapter.
894     (7)(a)  The department may analyze pesticide samples upon
895request in a manner consistent with this part chapter.
896     (e)  In addition to any other penalty provided by this part
897chapter, the registrant of any pesticide found to be
898adulterated, misbranded, or otherwise deficient shall reimburse
899the person requesting the pesticide analysis under this
900subsection for all fees assessed by and paid to the department.
901     Section 22.  Subsections (2), (3), and (4) of section
902487.081, Florida Statutes, are amended to read:
903     487.081  Exemptions.--
904     (2)  No article shall be deemed in violation of this part
905chapter when intended solely for export to a foreign country and
906when prepared or packed according to the specifications or
907directions of the purchaser.
908     (3)  Notwithstanding any other provision of this part
909chapter, registration required under this part chapter is not
910required in the case of a pesticide stored or shipped from one
911manufacturing plant within this state to another manufacturing
912plant within this state operated by the same person.
913     (4)  Nothing in this part chapter shall be construed to
914apply to persons duly licensed or certified under chapter 388 or
915chapter 482 performing any pest control or other operation for
916which they are licensed or certified under those chapters.
917     Section 23.  Subsection (2) of section 487.091, Florida
918Statutes, is amended to read:
919     487.091  Tolerances, deficiencies, and penalties.--
920     (2)  If a pesticide is found by analysis to be deficient in
921an active ingredient beyond the tolerance as provided in this
922part chapter, the registrant is subject to a penalty for the
923deficiency, not to exceed $10,000 per violation. However, no
924penalty shall be assessed when the official sample was taken
925from a pesticide that was in the possession of a consumer for
926more than 45 days from the date of purchase by that consumer, or
927when the product label specifies that the product should be used
928by an expiration date that has passed. Procedures for assessing
929penalties shall be established by rule, based on the degree of
930the deficiency. Penalties assessed shall be paid to the consumer
931or, in the absence of a known consumer, the department. If the
932penalty is not paid within the prescribed period of time as
933established by rule, the department may deny, suspend, or revoke
934the registration of any pesticide.
935     Section 24.  Section 487.101, Florida Statutes, is amended
936to read:
937     487.101  Stop-sale, stop-use, removal, or hold orders.--
938     (1)  When a pesticide or device is being offered or exposed
939for sale, used, or held in violation of any of the provisions of
940this part chapter, the department may issue and enforce a stop-
941sale, stop-use, removal, or hold order, in writing, to the owner
942or custodian of the pesticide or device, ordering that the
943pesticide or device be held at a designated place until the part
944chapter has been complied with and the pesticide or device is
945released, in writing, by the department or the violation has
946been disposed of by court order.
947     (2)  The written notice is warning to all persons,
948including, but not limited to, the owner or custodian of the
949pesticide or the owner's or custodian's agents or employees, to
950scrupulously refrain from moving, bothering, altering, or
951interfering with the pesticide or device or from altering,
952defacing, or in any way interfering with the written notice or
953permitting the same to be done. The willful violation of these
954provisions is a misdemeanor, subjecting the violator to the
955penalty provisions of this part chapter.
956     (3)  The department shall release the pesticide or device
957under a stop-sale, stop-use, removal, or hold order when the
958owner or custodian complies with the provisions of this part
959chapter.
960     (4)  The owner or custodian, with authorization and
961supervision of the department, may relabel the pesticide or
962device so that the label will conform to the product, or
963transfer and return the product to the manufacturer or supplier
964for the purpose of bringing the product in compliance with the
965provisions of this part chapter.
966     Section 25.  Subsection (1) of section 487.111, Florida
967Statutes, is amended to read:
968     487.111  Seizure, condemnation, and sale.--
969     (1)  Any lot of pesticide or device not in compliance with
970the provisions of this part chapter is subject to seizure on
971complaint of the department to the circuit court in the county
972in which the pesticide or device is located. In the event the
973court finds the pesticide or device in violation of this part
974chapter and orders it condemned, it shall be disposed of as the
975court may direct; provided that in no instance shall the
976disposition of the pesticide or device be ordered by the court
977without first giving the owner or custodian an opportunity to
978apply to the court for release of the pesticide or device or for
979permission to process or relabel it to bring it into compliance
980with this part chapter.
981     Section 26.  Section 487.13, Florida Statutes, is amended
982to read:
983     487.13  Cooperation.--The department is authorized and
984empowered to cooperate with and enter into agreements with any
985other agency of this state, the United States Department of
986Agriculture, the United States Environmental Protection Agency,
987and any other state or federal agency for the purpose of
988carrying out the provisions of this part chapter and securing
989uniformity of regulations.
990     Section 27.  Section 487.156, Florida Statutes, is amended
991to read:
992     487.156  Governmental agencies.--All governmental agencies
993shall be subject to the provisions of this part chapter and
994rules adopted under this part chapter. Public applicators using
995or supervising the use of restricted-use pesticides shall be
996subject to examination as provided in s. 487.044.
997     Section 28.  Subsection (1) of section 487.159, Florida
998Statutes, is amended to read:
999     487.159  Damage or injury to property, animal, or person;
1000mandatory report of damage or injury; time for filing; failure
1001to file.--
1002     (1)  The person claiming damage or injury to property,
1003animal, or human beings from application of a pesticide shall
1004file with the department a written statement claiming damages,
1005on a form prescribed by the department, within 48 hours after
1006the damage or injury becomes apparent. The statement shall
1007contain, but shall not be limited to, the name of the person
1008responsible for the application of the pesticide, the name of
1009the owner or lessee of the land on which the crop is grown and
1010for which the damages are claimed, and the date on which it is
1011alleged that the damages occurred. The department shall
1012investigate the alleged damages and notify all concerned parties
1013of its findings. If the findings reveal a violation of the
1014provisions of this part chapter, the department shall determine
1015an appropriate penalty, as provided in this part chapter. The
1016filing of a statement or the failure to file such a statement
1017need not be alleged in any complaint which might be filed in a
1018court of law, and the failure to file the statement shall not be
1019considered any bar to the maintenance of any criminal or civil
1020action.
1021     Section 29.  Section 487.161, Florida Statutes, is amended
1022to read:
1023     487.161  Exemptions, nonagricultural pest control and
1024research.--
1025     (1)  Any person duly licensed or certified under chapter
1026482, or under the supervision of chapter 388, is exempted from
1027the licensing provisions of this part chapter.
1028     (2)  The use of the antibiotic oxytetracycline
1029hydrochloride for the purpose of controlling lethal yellowing is
1030exempted from the licensing provisions of this part chapter.
1031     (3)  The personnel of governmental, university, or
1032industrial research agencies are exempted from the provisions of
1033this part chapter when doing applied research within a
1034laboratory, but shall comply with all the provisions of this
1035part chapter when applying restricted-use pesticides to
1036experimental or demonstration plots.
1037     Section 30.  Section 487.163, Florida Statutes, is amended
1038to read:
1039     487.163  Information; interagency cooperation.--
1040     (1)  The department may, in cooperation with the University
1041of Florida or other agencies of government, publish information
1042and conduct short courses of instruction in the safe use and
1043application of pesticides for the purpose of carrying out the
1044provisions of this part chapter.
1045     (2)  The department may cooperate or enter into formal
1046agreements with any other agency or educational institution of
1047this state or its subdivisions or with any agency of any other
1048state or of the Federal Government for the purpose of carrying
1049out the provisions of this part chapter and of securing
1050uniformity of regulations.
1051     Section 31.  Subsections (1), (2), and (3) of section
1052487.171, Florida Statutes, are amended to read:
1053     487.171  Classification of antifouling paint containing
1054organotin compounds as restricted-use pesticides; prohibition of
1055distribution and sale.--
1056     (1)  The department shall classify antifouling paints
1057containing organotin compounds having an acceptable release rate
1058as restricted-use pesticides subject to the requirements of this
1059part chapter. Antifouling paints containing organotin having
1060acceptable release rates and sold in spray cans of 16 ounces
1061avoirdupois weight or less for outboard motor or lower unit use
1062are exempt from the restricted-use pesticide classification
1063requirement.
1064     (2)  The department shall initiate action under chapter
1065120, to deny or cancel the registration of antifouling paints
1066containing organotin compounds which do not have an acceptable
1067release rate or do not meet other criteria established by the
1068department in accordance with this part chapter.
1069     (3)  Distribution, sale, and use of antifouling paints
1070containing organotin compounds with acceptable release rates
1071shall be limited to dealers and applicators licensed by the
1072department in accordance with this part chapter, to distribute,
1073sell, or use restricted-use pesticides. Such paint may be
1074applied only by licensed applicators and may be applied only to
1075vessels which exceed 25 meters in length or which have aluminum
1076hulls.
1077     Section 32.  Section 487.175, Florida Statutes, is amended
1078to read:
1079     487.175  Penalties; administrative fine; injunction.--
1080     (1)  In addition to any other penalty provided in this part
1081chapter, when the department finds any person, applicant, or
1082licensee has violated any provision of this part chapter or rule
1083adopted under this part chapter, it may enter an order imposing
1084any 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
1089period of time and subject to conditions the department may
1090specify by rule, including requiring the licensee to attend
1091continuing education courses, to demonstrate competency through
1092a written or practical examination, or to work under the direct
1093supervision 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
1096paragraph, the department shall consider the degree and extent
1097of harm caused by the violation, the cost of rectifying the
1098damage, the amount of money the violator benefited from by
1099noncompliance, whether the violation was committed willfully,
1100and the compliance record of the violator.
1101     (2)  Any person who violates any provision of this part
1102chapter or rules adopted pursuant thereto commits a misdemeanor
1103of the second degree and upon conviction is punishable as
1104provided in ss. 775.082 and 775.083. For a subsequent violation,
1105such person commits a misdemeanor of the first degree and upon
1106conviction is punishable as provided in ss. 775.082 and 775.083.
1107     (3)  In addition to the remedies provided in this part
1108chapter and notwithstanding the existence of any adequate remedy
1109at law, the department may bring an action to enjoin the
1110violation or threatened violation of any provision of this part
1111chapter, or rule adopted under this part chapter, in the circuit
1112court of the county in which the violation occurred or is about
1113to occur. Upon the department's presentation of competent and
1114substantial evidence to the court of the violation or threatened
1115violation, the court shall immediately issue the temporary or
1116permanent injunction sought by the department. The injunction
1117shall be issued without bond. A single act in violation of any
1118provision of this part chapter shall be sufficient to authorize
1119the issuance of an injunction.
1120     Section 33.  Subsection (1) of section 403.088, Florida
1121Statutes, is amended to read:
1122     403.088  Water pollution operation permits; conditions.--
1123     (1)  No person, without written authorization of the
1124department, shall discharge into waters within the state any
1125waste which, by itself or in combination with the wastes of
1126other sources, reduces the quality of the receiving waters below
1127the classification established for them. However, this section
1128shall not be deemed to prohibit the application of pesticides to
1129waters in the state for the control of insects, aquatic weeds,
1130or algae, provided the application is performed pursuant to a
1131program approved by the Department of Health, in the case of
1132insect control, or the department, in the case of aquatic weed
1133or algae control. The department is directed to enter into
1134interagency agreements to establish the procedures for program
1135approval. Such agreements shall provide for public health,
1136welfare, and safety, as well as environmental factors. Approved
1137programs must provide that only chemicals approved for the
1138particular use by the United States Environmental Protection
1139Agency or by the Department of Agriculture and Consumer Services
1140may be employed and that they be applied in accordance with
1141registered label instructions, state standards for such
1142application, and the provisions of the Florida Pesticide Law,
1143part I of chapter 487.
1144     Section 34.  Subsection (1) of section 482.242, Florida
1145Statutes, is amended to read:
1146     482.242  Preemption.--
1147     (1)  This chapter is intended as comprehensive and
1148exclusive regulation of pest control in this state. The
1149provisions of this chapter preempt to the state all regulation
1150of the activities and operations of pest control services,
1151including the pesticides used pursuant to labeling and
1152registration approved under part I of chapter 487. No local
1153government or political subdivision of the state may enact or
1154enforce an ordinance that regulates pest control, except that
1155the preemption in this section does not prohibit a local
1156government or political subdivision from enacting an ordinance
1157regarding any of the following:
1158     (a)  Local occupational licenses adopted pursuant to
1159chapter 205.
1160     (b)  Land development regulations adopted pursuant to
1161chapter 163 which include regulation of any aspect of
1162development, including a subdivision, building construction,
1163sign regulation or any other regulation concerning the
1164development of land, or landscaping or tree protection
1165ordinances which do not include pesticide application
1166restrictions.
1167     (c)  Regulations that:
1168     1.  Require, for multicomplex dwellings in excess of 10
1169units, annual termite inspections for termite activity or
1170damage, including Formosan termites, which must be performed by
1171a person licensed under this chapter.
1172     2.  Require pest control treatments of structures that have
1173termite activity or damage which must be performed by a person
1174licensed under this chapter.
1175     3.  Require property owners or other persons to obtain
1176inspections or pest control treatments performed by a person
1177licensed under this chapter.
1178
1179An ordinance by a local government or political subdivision
1180which requires an annual inspection or pest control treatment
1181must conform to current law.
1182     (d)  Protection of wellhead protection areas and high
1183recharge areas.
1184     (e)  Hazardous materials reporting as set forth in part II
1185of chapter 252, storage, and containment including as relating
1186to 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
1190500.03, 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,
1194in chemical combination, or in formulation with one or more
1195other substances is a "pesticide" within the meaning of the
1196Florida Pesticide Law, part I of chapter 487, and which is used
1197in the production, storage, or transportation of raw
1198agricultural commodities.
1199     Section 36.  Subsections (1) and (6) of section 570.44,
1200Florida Statutes, are amended to read:
1201     570.44  Division of Agricultural Environmental Services;
1202powers and duties.--The duties of the Division of Agricultural
1203Environmental Services include, but are not limited to:
1204     (1)  Inspecting and drawing samples of: commercial feeds
1205offered for sale in this state and enforcing those provisions of
1206chapter 580 authorized by the department; seeds offered for sale
1207in this state and enforcing those provisions of chapter 578
1208authorized by the department; certified seed grown in this
1209state; fertilizers offered for sale in this state and enforcing
1210those provisions of chapter 576 authorized by the department;
1211and pesticides offered for sale in this state, and soil and
1212water in this state for the presence of pesticides, and
1213enforcing those provisions of chapter part I of 487 authorized
1214by the department.
1215     (6)  Analyzing samples of pesticide formulations offered
1216for sale in this state and tank mix, soil, water, and other
1217environmental samples related to pesticide use investigations,
1218as required under part I of chapter 487.
1219     Section 37.  In editing manuscript for the next edition of
1220the official Florida Statutes, the Division of Statutory
1221Revision shall designate ss. 487.011-487.175, Florida Statutes,
1222as part I of that chapter and ss. 487.2011-487.2071, Florida
1223Statutes, as created by this act, as part II of that chapter.
1224     Section 38.  This act shall take effect July 1, 2004.


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