November 23, 2020
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HB 1307

1
A bill to be entitled
2An act relating to agricultural and migrant labor;
3providing a popular name; amending s. 381.008, F.S.;
4revising a definition; amending s. 381.0086, F.S.;
5requiring the Department of Health to adopt rules relating
6to residential migrant housing; providing guidelines for
7the filing of interstate clearance orders; amending s.
8381.0087, F.S.; revising a provision relating to who may
9issue certain citations; requiring the department to
10provide notice of suspected violations; amending s.
11403.088, F.S.; clarifying a provision relating to water
12pollution operation permits; amending s. 450.191, F.S.;
13authorizing and directing the Executive Office of the
14Governor to advise and consult on certain issues relating
15to migrant and seasonal workers; directing the office to
16coordinate enforcement of certain provisions with the
17Department of Business and Professional Regulation;
18including farm labor contractors in the enforcement of
19certain laws; authorizing and directing the office to
20cooperate with the Agency for Workforce Innovation in the
21recruitment and referral of migrant workers and certain
22other laborers; amending s. 450.201, F.S.; renaming the
23Legislative Commission on Migrant Labor as the Legislative
24Commission on Migrant and Seasonal Labor; providing a
25deadline for appointments to the commission; providing a
26deadline for the commission's first meeting; amending s.
27450.231, F.S.; providing a deadline for certain reports;
28amending s. 450.27, F.S.; providing a popular name;
29amending s. 450.271, F.S.; authorizing the department to
30enter into certain agreements with the Secretary of Labor
31of the United States; amending s. 450.28, F.S.; providing
32definitions; amending s. 450.30, F.S.; revising
33requirements for retaking examinations for renewal of
34certificates of registration; requiring fees for certain
35programs to be deposited in the Professional Regulation
36Trust Fund; amending s. 450.31, F.S.; providing criteria
37for issuance or renewal of certificates of registration;
38authorizing payment for certificates of registration by
39cashier's check; increasing the application fee for such
40registration; requiring fees to be deposited in the
41Professional Regulation Trust Fund; providing criteria for
42revocation, suspension, or refusal to issue or renew
43certificates of registration; conforming a provision;
44providing criteria for permanent revocation or refusal to
45issue or renew certificates of registration; authorizing
46the department to inspect certain documents upon receipt
47and acceptance of a certificate of registration; creating
48s. 450.321, F.S.; creating the best practices incentive
49program for farm labor contractors; requiring farm labor
50contractors to meet certain requirements; restricting the
51transfer or unauthorized use of best practices
52designations; authorizing the department to enter into
53certain partnership agreements; authorizing the department
54to revoke certain designations; providing that certain
55designations are not department endorsements; limiting
56certain civil liability of the department; requiring the
57department to establish an incentive program; amending s.
58450.33, F.S.; removing department requirements for the
59suspension or revocation of farm labor contractors'
60certificates of registration; requiring farm labor
61contractors to keep certain records; amending s. 450.34,
62F.S.; providing certain prohibited acts for farm labor
63contractors; amending s. 450.35, F.S.; prohibiting certain
64contracts or employment; providing penalties; amending s.
65450.37, F.S.; authorizing the department to enter into
66agreements with other state agencies for certain purposes;
67amending s. 450.38, F.S.; providing civil and criminal
68penalties for minor and major violations; increasing
69certain civil penalties; authorizing payment of certain
70civil penalties by cashier's check; removing authorization
71to pay certain civil penalties by cash; increasing the
72scope of where a complaint may be filed; providing for a
73warning to contractors committing minor violations;
74providing civil penalties for contractors committing major
75violations; creating s. 450.39, F.S.; providing guidelines
76for the sale of certain commodities to farmworkers;
77providing a definition; amending s. 487.011, F.S.;
78providing a popular name; amending ss. 487.012, 487.021,
79487.025, 487.031, 487.041, 487.0435, 487.045, 487.046,
80487.047, 487.049, 487.051, 487.0615, 487.071, 487.081,
81487.091, 487.101, 487.111, 487.13, 487.156, 487.159,
82487.161, 487.163, 487.171, and 487.175, F.S.; revising
83references to make the "Florida Pesticide Law" part I of
84ch. 487, F.S.; amending s. 482.242, F.S.; clarifying a
85provision relating to the labeling and registration of
86approved pesticides; creating s. 487.2011, F.S., the
87"Florida Agricultural Worker Safety Act"; providing for
88administration by the Department of Agriculture and
89Consumer Services; creating s. 487.2021, F.S.; providing
90legislative intent; creating s. 487.2031, F.S.; providing
91definitions; creating s. 487.2041, F.S.; providing
92enforcement of federal worker protection regulations;
93creating s. 487.2051, F.S.; requiring agricultural
94employers to make certain pesticide information available;
95creating s. 487.2061, F.S.; prohibiting certain acts;
96creating s. 487.2071, F.S.; providing penalties; requiring
97monitoring and reporting of complaints; amending ss.
98500.03 and 570.44, F.S.; clarifying provisions relating to
99the definition of the term "pesticide chemical" and duties
100of the Division of Agricultural Environmental Services,
101respectively; amending s. 440.16, F.S.; deleting a
102provision relating to compensation paid to dependents of
103aliens; directing the Division of Statutory Revision to
104designate parts I and II of ch. 487, F.S.; providing an
105appropriation; providing an effective date.
106
107Be It Enacted by the Legislature of the State of Florida:
108
109     Section 1.  This act may be known by the popular name the
110"Alfredo Bahena Act."
111     Section 2.  Subsection (8) of section 381.008, Florida
112Statutes, is amended to read:
113     381.008  Definitions of terms used in ss. 381.008-
114381.00897.--As used in ss. 381.008-381.00897, the following
115words and phrases mean:
116     (8)  "Residential migrant housing"--A building, structure,
117mobile home, barracks, or dormitory, and any combination thereof
118on adjacent property which is under the same ownership,
119management, or control, and the land appertaining thereto, that
120is rented or reserved for occupancy by five or more seasonal or
121migrant farmworkers, except:
122     (a)  Housing furnished as an incident of employment.
123     (b)  A single-family residence or mobile home dwelling unit
124that is occupied only by a single family and that is not under
125the same ownership, management, or control as other farmworker
126housing to which it is adjacent or contiguous.
127     (c)  A hotel, motel, or resort condominium, as defined in
128chapter 509, that is furnished for transient occupancy.
129     (d)  Any housing owned or operated by a public housing
130authority except for housing which is specifically provided for
131persons whose principal income is derived from agriculture.
132     Section 3.  Subsections (1) and (2) of section 381.0086,
133Florida Statutes, are amended, and subsection (6) is added to
134said section, to read:
135     381.0086  Rules; variances; penalties.--
136     (1)  The department shall adopt rules necessary to protect
137the health and safety of migrant farmworkers farm workers and
138other migrant labor camp or residential migrant housing
139occupants, including rules governing field sanitation
140facilities. These rules must include definitions of terms,
141provisions relating to plan review of the construction of new,
142expanded, or remodeled camps or residential migrant housing,
143sites, buildings and structures, personal hygiene facilities,
144lighting, sewage disposal, safety, minimum living space per
145occupant, bedding, food equipment, food storage and preparation,
146insect and rodent control, garbage, heating equipment, water
147supply, maintenance and operation of the camp, housing, or
148roads, and such other matters as the department finds to be
149appropriate or necessary to protect the life and health of the
150occupants. Housing operated by a public housing authority is
151exempt from the provisions of any administrative rule that
152conflicts with or is more stringent than the federal standards
153applicable to the housing.
154     (2)  Except when prohibited as specified in subsection (6),
155an owner or operator may apply for a permanent structural
156variance from the department's rules by filing a written
157application and paying a fee set by the department, not to
158exceed $100. This application must:
159     (a)  Clearly specify the standard from which the variance
160is desired.;
161     (b)  Provide adequate justification that the variance is
162necessary to obtain a beneficial use of an existing facility and
163to prevent a practical difficulty or unnecessary hardship.; and
164     (c)  Clearly set forth the specific alternative measures
165that the owner or operator has taken to protect the health and
166safety of occupants and adequately show that the alternative
167measures have achieved the same result as the standard from
168which the variance is sought.
169     (6)  For the purposes of filing an interstate clearance
170order with the Agency for Workforce Innovation, if the housing
171is covered by 20 C.F.R. part 654, subpart E, no permanent
172structural variance referred to in subsection (2) is allowed.
173     Section 4.  Subsections (1) and (6) of section 381.0087,
174Florida Statutes, are amended, and subsection (9) is added to
175said section, to read:
176     381.0087  Enforcement; citations.--
177     (1)  Department personnel or crew chief compliance officers
178employed by the Bureau of Compliance of the Florida Department
179of Labor and Employment Security may issue citations that
180contain an order of correction or an order to pay a fine, or
181both, for violations of ss. 381.008-381.00895 or the field
182sanitation facility rules adopted by the department when a
183violation of those sections or rules is enforceable by an
184administrative or civil remedy, or when a violation of those
185sections or rules is a misdemeanor of the second degree. A
186citation issued under this section constitutes a notice of
187proposed agency action. The recipient of a citation for a major
188deficiency, as defined by rule of the department, will be given
189a maximum of 48 hours to make satisfactory correction or
190demonstrate that provisions for correction are satisfactory.
191     (6)  Any person who willfully refuses to sign and accept a
192citation issued by the department commits or the Department of
193Labor and Employment Security is guilty of a misdemeanor of the
194second degree, punishable as provided in s. 775.082 or s.
195775.083.
196     (9)  When the department suspects that a law has been
197violated, it shall notify the entity that enforces the law.
198     Section 5.  Subsection (1) of section 403.088, Florida
199Statutes, is amended to read:
200     403.088  Water pollution operation permits; conditions.--
201     (1)  No person, without written authorization of the
202department, shall discharge into waters within the state any
203waste which, by itself or in combination with the wastes of
204other sources, reduces the quality of the receiving waters below
205the classification established for them. However, this section
206shall not be deemed to prohibit the application of pesticides to
207waters in the state for the control of insects, aquatic weeds,
208or algae, provided the application is performed pursuant to a
209program approved by the Department of Health, in the case of
210insect control, or the department, in the case of aquatic weed
211or algae control. The department is directed to enter into
212interagency agreements to establish the procedures for program
213approval. Such agreements shall provide for public health,
214welfare, and safety, as well as environmental factors. Approved
215programs must provide that only chemicals approved for the
216particular use by the United States Environmental Protection
217Agency or by the Department of Agriculture and Consumer Services
218may be employed and that they be applied in accordance with
219registered label instructions, state standards for such
220application, and the provisions of the Florida Pesticide Law,
221part I of chapter 487.
222     Section 6.  Subsection (1) of section 450.191, Florida
223Statutes, is amended to read:
224     450.191  Executive Office of the Governor; powers and
225duties.--
226     (1)  The Executive Office of the Governor is authorized and
227directed to:
228     (a)  Advise and consult with employers of migrant and
229seasonal workers and their employers as to the ways and means of
230improving living and working conditions of migrant and seasonal
231workers.;
232     (b)  Cooperate with the Department of Health in
233establishing minimum standards of preventive and curative health
234and of housing and sanitation in migrant labor camps and in
235making surveys to determine the adequacy of preventive and
236curative health services available to occupants of migrant labor
237camps.;
238     (c)  Provide coordination for the enforcement of ss.
239381.008-381.0088 and ss. 450.27-450.38.;
240     (d)  Cooperate with the Department of Business and
241Professional Regulation other departments of government in
242coordinating and enforcing all applicable labor laws, including,
243but not limited to, those relating to private employment
244agencies, child labor, wage payments, wage claims, and farm
245labor contractors. crew leaders;
246     (e)  Cooperate with the Department of Education to provide
247educational facilities for the children of migrant laborers.;
248     (f)  Cooperate with the Department of Highway Safety and
249Motor Vehicles to establish minimum standards for the
250transporting of migrant laborers.;
251     (g)  Cooperate with the Department of Agriculture and
252Consumer Services to conduct an education program for employers
253of migrant laborers pertaining to the standards, methods, and
254objectives of the office.;
255     (h)  Cooperate with the Department of Children and Family
256Services in coordinating all public assistance programs as they
257may apply to migrant laborers.;
258     (i)  Coordinate all federal, state, and local programs
259pertaining to migrant laborers.;
260     (j)  Cooperate with the Agency for Workforce Innovation
261farm labor office of the Department of Business and Professional
262Regulation in the recruitment and referral of migrant laborers
263and other persons for the planting, cultivation, and harvesting
264of agricultural crops in Florida.
265     (2)  The office shall arrange, through the Department of
266Health, for the provision of the supplementary services set
267forth in paragraph (1)(b) to the extent of available
268appropriations. Such services may be provided through the use of
269one or more traveling dispensaries, or by contract with
270physicians, dentists, hospitals, or clinics, or in such manner
271as may be recommended by the Department of Health.
272     Section 7.  Section 450.201, Florida Statutes, is amended
273to read:
274     450.201  Legislative Commission on Migrant and Seasonal
275Labor; membership; filling vacancies.--
276     (1)  There is created a permanent joint committee of the
277Florida Legislature to be known as the Legislative Commission on
278Migrant and Seasonal Labor, to be composed of three members of
279the Senate, appointed by the President of the Senate, and three
280members of the House of Representatives, appointed by the
281Speaker of the House. One member from each house shall be a
282member of the minority party. Any vacancy in the commission
283shall be filled by the respective presiding officer from the
284membership of the legislative body from which the vacancy
285occurred. However, a member who ceases to be a member of the
286legislative body from which appointed shall continue to be a
287member of the commission until the next succeeding regular
288session of the Legislature, at which the commission shall render
289its report to the Legislature.
290     (2)  Appointments shall be made no later than March 1,
2912005.
292     (3)  The first meeting of the commission shall be no later
293than July 1, 2005.
294     Section 8.  Section 450.231, Florida Statutes, is amended
295to read:
296     450.231  Annual reports to Legislature.--The commission
297shall report its findings, recommendations, and proposed
298legislation to each regular session of the Legislature no later
299than February 1 of each year beginning in 2006.
300     Section 9.  Section 450.27, Florida Statutes, is amended to
301read:
302     450.27  Short title.--This part shall be known by the
303popular name may be cited as the "Farm Labor Contractor
304Registration Law."
305     Section 10.  Section 450.271, Florida Statutes, is amended
306to read:
307     450.271  State administration of the Migrant and Seasonal
308Agricultural Worker Protection Act.--The Department of Business
309and Professional Regulation Labor and Employment Security may
310enter into agreements with the Secretary of Labor of the United
311States to authorize the department to administer within the
312State of Florida the provisions of the Migrant and Seasonal
313Agricultural Worker Protection Act of 1983, as amended.
314     Section 11.  Subsections (5) and (6) are added to section
315450.28, Florida Statutes, to read:
316     450.28  Definitions.--
317     (5)  "Minor violation" means a violation of a specific
318state or federal law or rule that does not result in economic or
319physical harm to any person recruited, transported, supplied, or
320hired by a farm labor contractor or create a significant threat
321of such harm.
322     (6)  "Major violation" means a violation of a specific
323state or federal law or rule that results in economic or
324physical harm to any person recruited, transported, supplied, or
325hired by a farm labor contractor or creates a significant threat
326of such harm.
327     Section 12.  Subsections (6) and (7) of section 450.30,
328Florida Statutes, are amended to read:
329     450.30  Requirement of certificate of registration;
330education and examination program.--
331     (6)  The department shall require an applicant for renewal
332of a certificate of registration to retake the examination only
333if:
334     (a)  During the prior certification period, the department
335issued a final order assessing a civil monetary penalty for a
336major violation of this part or revoked or refused to renew or
337issue a certificate of registration; or
338     (b)  The department determines that new requirements
339related to the duties and responsibilities of a farm labor
340contractor necessitate a new examination.
341     (7)  The department shall charge each applicant a $35 fee
342for the education and examination program. Such fees shall be
343deposited in the Professional Regulation Crew Chief Registration
344Trust Fund.
345     Section 13.  Subsections (1) and (2) of section 450.31,
346Florida Statutes, are amended, and subsections (5) and (6) are
347added to said section, to read:
348     450.31  Issuance, revocation, and suspension of, and
349refusal to issue or renew, certificate of registration.--
350     (1)  The department shall not issue to any person a
351certificate of registration as a farm labor contractor, nor
352shall it renew such certificate, until:
353     (a)  Such person has executed a written application
354therefor in a form and pursuant to regulations prescribed by the
355department and has submitted such information as the department
356may prescribe.
357     (b)  Such person has obtained and holds a valid federal
358certificate of registration as a farm labor contractor, or a
359farm labor contractor employee, unless exempt by federal law.
360     (c)  Such person pays to the department, by cashier's check
361in cash, certified check, or money order, a nonrefundable
362application fee of $125 $75. Fees collected by the department
363under this subsection shall be deposited in the State Treasury
364into the Professional Regulation Crew Chief Registration Trust
365Fund, which is hereby created, and shall be used utilized for
366administration of this part.
367     (d)  Such person has successfully taken and passed the farm
368labor contractor examination.
369     (e)  Such person has designated an agent to receive service
370of process and other official or legal documents. The agent must
371be available during regular business hours, Monday through
372Friday, to accept service on behalf of the farm labor
373contractor.
374     (2)  The department may revoke, suspend, or refuse to issue
375or renew any certificate of registration when it is shown that
376the farm labor contractor has:
377     (a)  Violated or failed to comply with any provision of
378this part or the rules adopted pursuant to this part; s. 450.36.
379     (b)  Made any misrepresentation or false statement in his
380or her application for a certificate of registration;.
381     (c)  Given false or misleading information concerning
382terms, conditions, or existence of employment to persons who are
383recruited or hired to work on a farm;.
384     (d)  Been assessed a civil fine by the department for which
385payment is overdue;
386     (e)  Failed to pay unemployment compensation taxes as
387determined by the Agency for Workforce Innovation;
388     (f)  Been denied, or had suspended or revoked, a federal
389certificate of registration as a farm labor contractor; or
390     (g)  Failed to pay federal employee taxes as determined by
391the Internal Revenue Service.
392     (5)  The department may permanently revoke or refuse to
393issue or renew a certificate of registration if such applicant
394or certificate holder has been convicted within the preceding 5
395years of:
396     (a)  A crime under state or federal law:
397     1.  Relating to gambling, or to the sale, distribution, or
398possession of alcoholic beverages.
399     2.  Committed in connection with, or incident to, any farm
400labor contracting activities; or
401     (b)  Any felony under state or federal law involving
402robbery, bribery, extortion, embezzlement, grand larceny,
403burglary, arson, violation of narcotics laws, murder, rape,
404assault with intent to kill, assault that inflicts grievous
405bodily injury, prostitution, peonage, or smuggling or harboring
406individuals who have entered the country illegally.
407     (6)  Receipt and acceptance of a certificate of
408registration as a farm labor contractor constitutes
409unconditional permission for and acquiescence by the contractor
410to the inspection by department personnel of books, ledgers, and
411all other documents that are related to the performance of the
412contractor's farm labor activities.
413     Section 14.  Section 450.321, Florida Statutes, is created
414to read:
415     450.321  Best practices incentive program for farm labor
416contractors.--
417     (1)  To promote compliance with this part, and to help the
418public identify farm labor contractors who have demonstrated a
419firm commitment to responsible and safe labor practices, the
420department shall develop and implement a best practices
421incentive program for farm labor contractors.
422     (2)  Farm labor contractors who seek designation as a best
423practices farm labor contractor must meet the requirements set
424by the department. A farm labor contractor may not transfer or
425use without authorization a designation as a best practices farm
426labor contractor.
427     (3)  The department may enter into a partnership agreement
428with a farm labor contractor that states the responsibilities of
429each party to the agreement regarding the requirements to
430receive and maintain a best practices designation. Recipients of
431a designation as a best practices farm labor contractor may use
432this designation when soliciting business as long as the
433designation is in effect.
434     (4)  A designation as a best practices farm labor
435contractor may be revoked when the department determines that
436the recipient has failed to comply with a requirement
437established pursuant to subsection (2). When a designation is
438revoked, the prior recipient shall cease all use of the best
439practices farm labor contractor designation when soliciting
440business.
441     (5)  The grant of a designation as a best practices farm
442labor contractor is not an endorsement of the recipient by the
443department and may not be characterized as such.
444     (6)  The department may not be held liable in a civil
445action for damages resulting from the granting, denying,
446suspending, or revoking of a designation as a best practices
447farm labor contractor.
448     (7)  The department shall establish an incentive program
449for farm labor contractors who hold a valid best practices
450designation.
451     Section 15.  Subsection (10) of section 450.33, Florida
452Statutes, is amended, and subsection (11) is added to said
453section, to read:
454     450.33  Duties of farm labor contractor.--Every farm labor
455contractor must:
456     (10)  Comply with all applicable statutes, rules, and
457regulations of the United States and of the State of Florida for
458the protection or benefit of labor, including, but not limited
459to, those providing for wages, hours, fair labor standards,
460social security, workers' compensation, unemployment
461compensation, child labor, and transportation. The department
462shall not suspend or revoke a certificate of registration
463pursuant to this subsection unless:
464     (a)  A court or agency of competent jurisdiction renders a
465judgment or other final decision that a violation of one of the
466laws, rules, or regulations has occurred and, if invoked, the
467appellate process is exhausted;
468     (b)  An administrative hearing pursuant to ss. 120.569 and
469120.57 is held on the suspension or revocation and the
470administrative law judge finds that a violation of one of the
471laws, rules, or regulations has occurred and, if invoked, the
472appellate process is exhausted; or
473     (c)  The holder of a certificate of registration stipulates
474that a violation has occurred or defaults in the administrative
475proceedings brought to suspend or revoke his or her
476registration.
477     (11)  Maintain accurate daily field records for each
478employee actually paid by the farm labor contractor reflecting
479the hours worked for the farm labor contractor and, if paid by
480unit, the number of units harvested and the amount paid per
481unit.
482     Section 16.  Subsections (4) and (5) are added to section
483450.34, Florida Statutes, to read:
484     450.34  Prohibited acts of farm labor contractor.--A
485licensee may not:
486     (4)  Retaliate against any person that has filed a
487complaint or aided an investigation pursuant to this part.
488     (5)  Contract with or employ any person acting in the
489capacity of a farm labor contractor, or performing activities
490defined in s. 450.28(1), when that person does not have a
491current certificate of registration issued by the department
492pursuant to the requirements of this part.
493     Section 17.  Section 450.35, Florida Statutes, is amended
494to read:
495     450.35  Certain contracts or employment prohibited.--It is
496unlawful for any person to contract with or employ for the
497employment of farm workers with any farm labor contractor as
498defined in this act, for matters relating to farm labor, until
499the labor contractor displays to him or her a current
500certificate of registration issued by the department pursuant to
501the requirements of this part. A violation of this section is
502subject to the penalties provided for violations in s.
503450.38(1).
504     Section 18.  Section 450.37, Florida Statutes, is amended
505to read:
506     450.37  Cooperation with state and federal agencies.--The
507department shall, whenever appropriate, cooperate with any
508federal agency. The department may cooperate with and enter into
509agreements with any other state agency to administer this
510chapter or secure uniform rules.
511     Section 19.  Section 450.38, Florida Statutes, is amended
512to read:
513     450.38  Enforcement of farm labor contractor laws.--
514     (1)  Any person, firm, association, or corporation not
515excluded under s. 450.29 that commits a minor violation who
516violates any provision of this part and, upon conviction, is
517guilty of commits a misdemeanor of the second degree, is
518punishable as provided in s. 775.082 or s. 775.083.
519     (2)  Any person, firm, association, or corporation that
520commits a major violation of this part and, upon conviction, is
521guilty of a felony of the third degree, is punishable as
522provided in s. 775.082, s. 775.083, or s. 775.084.
523     (3)(2)  Any person, firm, association, or corporation that
524who, on or after June 19, 1985, commits a violation of this part
525or of any rule adopted thereunder may be assessed a civil
526penalty of not more than $2,500 $1,000 for each such violation.
527Such assessed penalties shall be paid by cashier's check in
528cash, certified check, or money order and shall be deposited
529into the General Revenue Fund. The department shall not
530institute or maintain any administrative proceeding to assess a
531civil penalty under this subsection when the violation is the
532subject of a criminal indictment or information under this
533section which results in a criminal penalty being imposed, or of
534a criminal, civil, or administrative proceeding by the United
535States government or an agency thereof which results in a
536criminal or civil penalty being imposed. The department may
537adopt rules prescribing the criteria to be used to determine the
538amount of the civil penalty and to provide notification to
539persons assessed a civil penalty under this section.
540     (4)(3)  Upon a complaint of the department being filed in
541the circuit court of the county in which the farm labor
542contractor resides or may be doing business, any farm labor
543contractor who fails to obtain a certificate of registration as
544required by this part may, in addition to such penalties, be
545enjoined from engaging in any activity which requires the farm
546labor contractor to possess a certificate of registration.
547     (5)(4)  For the purpose of any investigation or proceeding
548conducted by the department, the secretary of the department or
549the secretary's designee shall have the power to administer
550oaths, take depositions, make inspections when authorized by
551statute, issue subpoenas which shall be supported by affidavit,
552serve subpoenas and other process, and compel the attendance of
553witnesses and the production of books, papers, documents, and
554other evidence. The secretary of the department or the
555secretary's designee shall exercise this power on the
556secretary's own initiative.
557     (6)  A farm labor contractor who commits a minor violation
558of this part shall be issued a warning for the first violation.
559A civil penalty in increments of $250 may be assessed for each
560successive violation of a specific statute or rule of this part
561up to a maximum of $2,500.
562     (7)  A farm labor contractor who commits a major violation
563of a specific statute or rule of this part shall be assessed a
564civil penalty of up to $2,500 in accordance with the criteria
565established by the department pursuant to s. 450.38.
566     Section 20.  Section 450.39, Florida Statutes, is created
567to read:
568     450.39  Prohibition against required purchase; prohibition
569against excessive charges.--
570     (1)  A farm labor contractor may not require any farmworker
571to purchase goods or services solely from such farm labor
572contractor or from a person acting as an agent for such farm
573labor contractor.
574     (2)  A farm labor contractor may not charge a farmworker
575more than a reasonable cost for any commodity, including
576housing, food, water, or other consumables, in accordance with
577Title 29 C.F.R. s. 531.3. As used in this subsection, the term
578"reasonable cost" does not include a profit to the farm labor
579contractor or to any other person acting as an agent for the
580farm labor contractor.
581     Section 21.  Section 487.011, Florida Statutes, is amended
582to read:
583     487.011  Popular name Short title; administration.--This
584part shall chapter may be known by the popular name cited as the
585"Florida Pesticide Law" and shall be administered by the
586Department of Agriculture and Consumer Services.
587     Section 22.  Section 487.012, Florida Statutes, is amended
588to read:
589     487.012  Declaration of purpose.--The purpose of this part
590chapter is to regulate the distribution, sale, and use of
591pesticides, except as provided in chapters 388 and 482, and to
592protect people and the environment from the adverse effects of
593pesticides.
594     Section 23.  Section 487.021, Florida Statutes, is amended
595to read:
596     487.021  Definitions.--For the purpose of this part
597chapter:
598     (1)  "Acceptable release rate" means a measured release
599rate not exceeding 4.0 micrograms per square centimeter per day
600at steady state conditions as determined in accordance with a
601United States Environmental Protection Agency testing data call-
602in notice of July 29, 1986, on tributyltin in antifouling paints
603under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
604U.S.C. s. 136, or at a rate established by the department.
605     (2)  "Active ingredient" means:
606     (a)  In the case of a pesticide other than a plant
607regulator, defoliant, or desiccant, an ingredient which will
608prevent, destroy, repel, or mitigate insects, nematodes, fungi,
609rodents, weeds, or other pests.
610     (b)  In the case of a plant regulator, an ingredient which,
611through physiological action, will accelerate or retard the rate
612of growth or rate of maturation, or otherwise alter the
613behavior, of ornamental or crop plants or the produce thereof.
614     (c)  In the case of a defoliant, an ingredient which will
615cause the leaves or foliage to drop from a plant.
616     (d)  In the case of a desiccant, an ingredient which will
617artificially accelerate the drying of plant tissue.
618     (3)  "Added ingredient" means any plant nutrient or plant
619regulator added to the mixture which is not an active pesticidal
620ingredient, but which the manufacturer wishes to show on the
621label.
622     (4)  "Adulterated" applies to any pesticide if its strength
623or purity falls below or is in excess of the professed standard
624of quality as expressed on labeling or under which it is sold,
625if any substance has been substituted wholly or in part for the
626pesticide or if any valuable constituent of the pesticide has
627been wholly or in part abstracted.
628     (5)  "Advertisement" means all representations disseminated
629in any manner or by any means other than by labeling, for the
630purpose of inducing, or which are likely to induce, directly or
631indirectly, the purchase of pesticides.
632     (6)  "Age of majority" means any natural person 18 years of
633age or older, or an emancipated minor.
634     (7)  "Aircraft" means any machine designed for flight and
635for use in applying pesticides.
636     (8)  "Animal" means all vertebrate and invertebrate
637species, including, but not limited to, humans and other
638mammals, birds, fish, and shellfish.
639     (9)  "Antidote" means the most practical immediate
640treatment for poisoning and includes first aid treatment.
641     (10)  "Antifouling paint" means a coating, paint, or
642treatment that is intended for use as a pesticide, as defined in
643this section, to control freshwater or marine fouling organisms.
644     (11)  "Antisiphon device" means a safety device used to
645prevent the backflow of a mixture of water and chemicals into
646the water supply.
647     (12)  "Batch" or "lot" means a quantity of pesticide
648produced or packaged and readily identified by numbers, letters,
649or other symbols.
650     (13)  "Brand" means the name, number, trademark, or any
651other designation which distinguishes one pesticide product from
652another.
653     (14)  "Certification" means the recognition by the
654department that an individual is a competent pesticide
655applicator and, thus, is eligible for licensure in one or more
656of the designated license types and categories.
657     (15)  "Certified applicator" means any individual who has
658been recognized by the department as a competent pesticide
659applicator and, thus, is eligible to apply for licensure in one
660or more of the designated license types and categories.
661     (16)  "Commercial applicator" means an individual who has
662reached the age of majority and is licensed by the department to
663use or supervise the use of any restricted-use pesticide for any
664purpose on any property other than as provided by the
665definitions of "private applicator," "product specific
666applicator," or "public applicator," whether or not the
667individual is a private applicator with respect to some uses.
668     (17)  "Dealer" means any person, other than the
669manufacturer or distributor, who offers for sale, sells,
670barters, or otherwise supplies pesticides to the ultimate user
671or consumer.
672     (18)  "Deficiency" means the amount of an active ingredient
673of a pesticide by which it fails to come up to its guaranteed
674analysis when analyzed.
675     (19)  "Defoliant" means any substance or mixture of
676substances intended for causing the leaves or foliage to drop
677from a plant, with or without causing abscission.
678     (20)  "Department" means the Department of Agriculture and
679Consumer Services or its authorized representative.
680     (21)  "Desiccant" means any substance or mixture of
681substances intended for artificially accelerating the drying of
682plant tissues.
683     (22)  "Device" means any instrument or contrivance (other
684than a firearm) which is intended for trapping, destroying,
685repelling, or mitigating, any pest or other form of plant or
686animal life (other than human and other than bacteria, virus, or
687other microorganism on or in living humans or other living
688animals); but not including equipment used for the application
689of pesticides when sold separately.
690     (23)  "Distribute" means to offer for sale, hold for sale,
691sell, barter, or supply pesticides in this state.
692     (24)  "Distributor" means any person who offers for sale,
693holds for sale, sells, barters, or supplies pesticides in this
694state.
695     (25)  "Emergency exemption" means an exemption as
696authorized in s. 18 of the Federal Insecticide, Fungicide, and
697Rodenticide Act.
698     (26)  "Environment" means all water, air, land, plants, and
699animals, and their relationships with one another.
700     (27)  "Equipment" means any type of ground, aquatic, or
701aerial device used to apply any pesticide on land, and on
702anything that may be growing, habituating, or stored on or in
703the land. Equipment does not include any pressurized hand-size
704household device used to apply any pesticide, or any other
705device where the person applying the pesticide is the source of
706power for applying the pesticide.
707     (28)  "Excess" means the amount of an active ingredient of
708a pesticide found by analysis to be over the guaranteed amount.
709     (29)  "Experimental use permit" means a permit issued by
710the department or by the United States Environmental Protection
711Agency as authorized in s. 5 of the Federal Insecticide,
712Fungicide, and Rodenticide Act.
713     (30)  "Fungi" means all non-chlorophyll-bearing
714thallophytes (that is, all non-chlorophyll-bearing plants of a
715lower order than mosses and liverworts), as, for example, rusts,
716smuts, mildews, molds, yeasts, and bacteria, except those on or
717in living humans or other animals.
718     (31)  "Highly toxic" means any highly poisonous pesticide
719as determined by the rules promulgated pursuant to this part
720chapter.
721     (32)  "Imminent hazard" means a situation which exists when
722the continued use of a pesticide during the time required for
723cancellation proceedings would be likely to result in
724unreasonable adverse effects on the environment or will involve
725unreasonable hazard to the survival of a species declared
726endangered.
727     (33)  "Ineffective" means that pesticides such as
728bacteriostats, disinfectants, germicides, sanitizers, and like
729products fail to meet microbiological claims when tested in the
730laboratory utilizing the officially approved procedures of the
731Association of Official Analytical Chemists or other methods or
732procedures as the department may find necessary.
733     (34)  "Inert ingredient" means an ingredient which is not
734an active ingredient.
735     (35)  "Ingredient statement" means a statement of the name
736and percentage by weight of each active ingredient, together
737with the total percentage of the inert ingredients in the
738pesticides.
739     (36)  "Insect" means any of the numerous small invertebrate
740animals generally having the body more or less obviously
741segmented, for the most part belonging to the class Insecta,
742comprising six legs, usually in winged form (as, for example,
743beetles, bugs, bees, and flies) and to other allied classes and
744arthropods whose members are wingless and usually have more than
745six legs (as, for example, spiders, mites, ticks, centipedes,
746and wood lice).
747     (37)  "Irrigation system" means any device or combination
748of devices having a hose, pipe, or other conduit which connects
749directly to any source of ground or surface water, through which
750device or combination of devices water or a mixture of water and
751chemicals is drawn and applied for agricultural purposes. The
752term does not include any handheld hose sprayer or other similar
753device which is constructed so that an interruption in water
754flow automatically prevents any backflow to the water source.
755     (38)  "Label" means the written, printed, or graphic matter
756on or attached to a pesticide, device, or immediate and outside
757container or wrappers of such pesticide or device.
758     (39)  "Labeling" means all labels and other written,
759printed, or graphic matter referencing the pesticide or device
760or upon any of its containers or wrappers, or accompanying the
761pesticide or device at any time, but does not include accurate,
762nonmisleading reference to current official publications of the
763United States Departments of Agriculture or Interior, the
764Environmental Protection Agency, the United States Public Health
765Service, state experiment stations, state agricultural colleges,
766or other similar federal institutions or official agencies of
767this state or other states authorized by law to conduct research
768in the field of pesticides.
769     (40)  "Land" means all land and water areas, including
770airspace.
771     (41)  "Licensed applicator" means an individual who has
772reached the age of majority and is authorized by license from
773the department to use or supervise the use of any restricted-use
774pesticide covered by the license.
775     (42)  "Manufacturer" means a person engaged in the business
776of importing, producing, preparing, mixing, formulating, or
777reformulating pesticides for the purpose of distribution.
778     (43)  "Mixer-loader" means any individual who handles open
779containers or otherwise prepares, processes, or dilutes
780pesticides in preparation for final application.
781     (44)  "Nematode" means invertebrate animals of the phylum
782Nemathelminthes and class Nematoda (that is, unsegmented round
783worms with elongated, fusiform, or saclike bodies covered with
784cuticle and inhabiting soil, water, plants, or plant parts), and
785may also be known as nemas or eelworms.
786     (45)  "Official sample" means any sample of a pesticide
787taken by the department in accordance with the provisions of
788this part chapter or rules adopted under this part chapter, and
789designated as official by the department.
790     (46)  "Organotin compound" means any compound of tin used
791as a biocide in an antifouling paint.
792     (47)  "Percent" means one one-hundredth part by weight or
793volume.
794     (48)  "Pest" means:
795     (a)  Any insect, rodent, nematode, fungus, weed; or
796     (b)  Any other form of terrestrial or aquatic plant or
797animal life or virus, bacteria, or other microorganism, except
798viruses, bacteria, or other microorganisms on or in living
799humans or other living animals, which is declared to be a pest
800by the administrator of the United States Environmental
801Protection Agency or which may be declared to be a pest by the
802department by rule.
803     (49)  "Pesticide" means any substance or mixture of
804substances intended for preventing, destroying, repelling, or
805mitigating any insects, rodents, nematodes, fungi, weeds, or
806other forms of plant or animal life or viruses, except viruses,
807bacteria, or fungi on or in living humans or other animals,
808which the department by rule declares to be a pest, and any
809substance or mixture of substances intended for use as a plant
810regulator, defoliant, or desiccant; however, the term
811"pesticide" does not include any article that:
812     (a)  Is a "new animal drug" within the meaning of s. 201(w)
813of the Federal Food, Drug, and Cosmetic Act;
814     (b)  Has been determined by the Secretary of the United
815States Department of Health and Human Services not to be a new
816animal drug by a regulation establishing conditions of use for
817the article; or
818     (c)  Is an animal feed within the meaning of s. 201(x) of
819the Federal Food, Drug, and Cosmetic Act bearing or containing
820an article covered in this subsection.
821     (50)  "Plant nutrient" means any ingredient that furnishes
822nourishment to the plant or promotes its growth in a normal
823manner.
824     (51)  "Plant regulator" means any substance or mixture of
825substances intended, through physiological action, for
826accelerating or retarding the rate of growth or maturation, or
827for otherwise altering the behavior, of ornamental or crop
828plants or the produce thereof; but does not include substances
829intended as plant nutrients, trace elements, nutritional
830chemicals, plant inoculants, or soil amendments.
831     (52)  "Private applicator" means an individual who has
832reached the age of majority and is licensed by the department to
833use or supervise the use of any restricted-use pesticide for
834purposes of producing any agricultural commodity on property
835owned or rented by his or her employer, or, if applied without
836compensation other than the trading of personal services between
837producers of agricultural commodities, on the property of
838another person.
839     (53)  "Product" means a unique pesticide and label as
840distinguished by its individually assigned United States
841Environmental Protection Agency registration number, special
842local need registration number, or experimental use permit
843number.
844     (54)  "Protect health and the environment" means protection
845against any unreasonable adverse effects on people or the
846environment.
847     (55)  "Public applicator" means an individual who has
848reached the age of majority and is licensed by the department to
849use or supervise the use of restricted-use pesticides as an
850employee of a state agency, municipal corporation, or other
851governmental agency.
852     (56)  "Product specific applicator" means an individual who
853has reached the age of majority and is licensed by the
854department to use or supervise the use of a particular
855restricted-use pesticide product that is identified on the
856license by the United States Environmental Protection Agency
857registration number, as well as any Florida special local need
858registration number and any specific identifying information as
859deemed appropriate for nonfederally registered products exempt
860under s. 18 of the Federal Insecticide, Fungicide, and
861Rodenticide Act, provided that the restricted-use pesticide
862product is used for the purpose of producing agricultural
863commodities on property owned or rented by the licensee or the
864licensee's employer, or is applied on the property of another
865person without compensation other than trading of personal
866services between producers of agricultural commodities.
867     (57)  "Registrant" means the person registering any
868pesticide pursuant to the provisions of this part chapter.
869     (58)  "Restricted-use pesticide" means a pesticide which,
870when applied in accordance with its directions for use,
871warnings, and cautions and for uses for which it is registered
872or for one or more such uses, or in accordance with a widespread
873and commonly recognized practice, may generally cause, without
874additional regulatory restrictions, unreasonable adverse effects
875on the environment, or injury to the applicator or other
876persons, and which has been classified as a restricted-use
877pesticide by the department or the administrator of the United
878States Environmental Protection Agency.
879     (59)  "Sell or sale" includes exchanges.
880     (60)  "Special local need registration" means a state
881registration issued by the department as authorized in s. 24(c)
882of the Federal Insecticide, Fungicide, and Rodenticide Act.
883     (61)  "Special review" is a process for reviewing selected
884pesticides based upon information that the pesticides have been
885found to present environmental or health concerns not considered
886in the registration process or that data submitted in support of
887registration are inadequate or outdated.
888     (62)  "Tolerance" means the deviation from the guaranteed
889analysis permitted by law.
890     (63)  "Transportation of pesticides in bulk" means the
891movement of a pesticide which is held in an individual container
892in undivided quantities of greater than 55 U.S. gallons liquid
893measure or 100 pounds net dry weight.
894     (64)  "Under the direct supervision of a licensed
895applicator" means, unless otherwise prescribed by its labeling,
896a pesticide that must be applied by a competent person acting
897under the instruction and control of a licensed applicator who
898is available if and when needed, even though the licensed
899applicator is not physically present when the pesticide is
900applied.
901     (65)  "Unreasonable adverse effects on the environment"
902means any unreasonable risk to humans or the environment, taking
903into account the economic, social, and environmental costs and
904benefits of the use of any pesticide.
905     (66)  "Vessel" means any type of watercraft or other
906artificial contrivance used, or capable of being used, as a
907means of transportation on water.
908     (67)  "Weed" means any plant which grows where not wanted.
909     Section 24.  Subsection (2) of section 487.025, Florida
910Statutes, is amended to read:
911     487.025  Misbranding.--
912     (2)  A pesticide is misbranded if:
913     (a)  It is an imitation of, or is offered for sale under
914the name of, another pesticide.
915     (b)  Its labeling bears any reference to registration under
916this part chapter.
917     (c)  The labeling accompanying it does not contain
918instructions for use which are necessary and, if complied with,
919adequate for the protection of the public.
920     (d)  The label does not contain a warning or caution
921statement which may be necessary and, if complied with, adequate
922to prevent injury to living humans and other vertebrate animals.
923     (e)  The label does not bear an ingredient statement on
924that part of the immediate container, and on the outside
925container or wrapper, if there is one, through which the
926ingredient statement on the immediate container cannot be
927clearly read, of the retail package which is presented or
928displayed under customary conditions of purchase.
929     (f)  Any word, statement, or other information required by
930or under authority of this part chapter to appear on the
931labeling is not prominently placed thereon with such
932conspicuousness, as compared with other words, statements,
933designs, or graphic matter in the labeling, and in such terms as
934to render it likely to be read and understood by the ordinary
935individual under customary conditions of purchase and use.
936     (g)  It is injurious to living humans or other vertebrate
937animals or vegetation, except weeds, to which it is applied, or
938to the person applying such pesticide as directed or in
939accordance with commonly recognized practice.
940     (h)  In the case of a plant regulator, defoliant, or
941desiccant, when used as directed, it is injurious to living
942humans or other vertebrate animals, or vegetation, to which it
943is applied, or to the person applying such pesticide. However,
944physical or physiological effects on plants or parts thereof
945shall not be deemed to be injury when this is the purpose for
946which the plant regulator, defoliant, or desiccant was applied
947in accordance with the label claims and recommendations.
948     (i)  Any ingredient which is present in amounts which are
949not likely to be effective when used according to directions is
950given undue prominence or conspicuousness, as compared with
951ingredients which are present in effective amounts, in its
952labeling. Such ingredient shall appear only in the ingredient
953statement.
954     (j)  It is found to be ineffective when tested in the
955laboratory.
956     (k)  It is found by the department to be of short measure.
957     Section 25.  Subsections (2), (4), (5), and (13) of section
958487.031, Florida Statutes, are amended to read:
959     487.031  Prohibited acts.--It is unlawful:
960     (2)  To distribute, sell, or offer for sale within this
961state any pesticide or product which has not been registered
962pursuant to the provisions of this part chapter, except
963pesticides distributed, sold, offered for sale, or used in
964accordance with the provisions of federal or state restriction,
965supervision, or cancellation orders or other existing stock
966agreements.
967     (4)  To detach, alter, deface, or destroy, in whole or in
968part, any label or labeling provided for in this part chapter or
969rules promulgated under this part chapter, or to add any
970substance to, or take any substance from, any pesticide in a
971manner that may defeat the purpose of this part chapter.
972     (5)  For any person to use for his or her own advantage or
973to reveal any information relative to formulas of products
974acquired by authority of this part chapter, other than to: the
975department, proper officials, or employees of the state; the
976courts of this state in response to a subpoena; physicians,
977pharmacists, and other qualified persons, in an emergency, for
978use in the preparation of antidotes. The information relative to
979formulas of products is confidential and exempt from the
980provisions of s. 119.07(1).
981     (13)  For any person to:
982     (a)  Make a false or fraudulent claim through any medium,
983misrepresenting the effect of materials or methods used;
984     (b)  Make a pesticide recommendation or application not in
985accordance with the label, except as provided in this section,
986or not in accordance with recommendations of the United States
987Environmental Protection Agency or not in accordance with the
988specifications of a special local need registration;
989     (c)  Operate faulty or unsafe equipment;
990     (d)  Operate in a faulty, careless, or negligent manner;
991     (e)  Apply any pesticide directly to, or in any manner
992cause any pesticide to drift onto, any person or area not
993intended to receive the pesticide;
994     (f)  Fail to disclose to an agricultural crop grower, prior
995to the time pesticides are applied to a crop, full information
996regarding the possible harmful effects to human beings or
997animals and the earliest safe time for workers or animals to
998reenter the treated field;
999     (g)  Refuse or, after notice, neglect to comply with the
1000provisions of this part chapter, the rules adopted under this
1001part chapter, or any lawful order of the department;
1002     (h)  Refuse or neglect to keep and maintain the records
1003required by this part chapter or to submit reports when and as
1004required;
1005     (i)  Make false or fraudulent records, invoices, or
1006reports;
1007     (j)  Use fraud or misrepresentation in making an
1008application for a license or license renewal;
1009     (k)  Refuse or neglect to comply with any limitations or
1010restrictions on or in a duly issued license;
1011     (l)  Aid or abet a licensed or unlicensed person to evade
1012the provisions of this part chapter, or combine or conspire with
1013a licensed or unlicensed person to evade the provisions of this
1014part chapter, or allow a license to be used by an unlicensed
1015person;
1016     (m)  Make false or misleading statements during or after an
1017inspection concerning any infestation or infection of pests
1018found on land;
1019     (n)  Make false or misleading statements, or fail to
1020report, pursuant to this part chapter, any suspected or known
1021damage to property or illness or injury to persons caused by the
1022application of pesticides;
1023     (o)  Impersonate any state, county, or city inspector or
1024official;
1025     (p)  Fail to maintain a current liability insurance policy
1026or surety bond as provided for in this part chapter;
1027     (q)  Fail to adequately train, as provided for in this part
1028chapter, unlicensed applicators or mixer-loaders applying
1029restricted-use pesticides under the direct supervision of a
1030licensed applicator; or
1031     (r)  Fail to provide authorized representatives of the
1032department with records required by this part chapter or with
1033free access for inspection and sampling of any pesticide, areas
1034treated with or impacted by these materials, and equipment used
1035in their application.
1036     Section 26.  Subsections (2), (3), and (8) of section
1037487.041, Florida Statutes, are amended to read:
1038     487.041  Registration.--
1039     (2)  For the purpose of defraying expenses of the
1040department in connection with carrying out the provisions of
1041this part chapter, each person shall pay an annual registration
1042fee of $250 for each registered pesticide. The annual
1043registration fee for each special local need label and
1044experimental use permit shall be $100. All registrations expire
1045on December 31 of each year. Nothing in this section shall be
1046construed as applying to distributors or retail dealers selling
1047pesticides when such pesticides are registered by another
1048person.
1049     (3)  The department shall adopt rules governing the
1050procedures for pesticide registration and for the review of data
1051submitted by an applicant for registration of a pesticide. The
1052department shall determine whether a pesticide should be
1053registered, registered with conditions, or tested under field
1054conditions in this state. The department shall determine that
1055all requests for pesticide registrations meet the requirements
1056of current state and federal law. The department, whenever it
1057deems it necessary in the administration of this part chapter,
1058may require the manufacturer or registrant to submit the
1059complete formula, quantities shipped into or manufactured in the
1060state for distribution and sale, evidence of the efficacy and
1061the safety of any pesticide, and other relevant data. The
1062department may review and evaluate a registered pesticide if new
1063information is made available which indicates that use of the
1064pesticide has caused an unreasonable adverse effect on public
1065health or the environment. Such review shall be conducted upon
1066the request of the secretary of the Department of Health in the
1067event of an unreasonable adverse effect on public health or the
1068secretary of the Department of Environmental Protection in the
1069event of an unreasonable adverse effect on the environment. Such
1070review may result in modifications, revocation, cancellation, or
1071suspension of a pesticide registration. The department, for
1072reasons of adulteration, misbranding, or other good cause, may
1073refuse or revoke the registration of any pesticide, after notice
1074to the applicant or registrant giving the reason for the
1075decision. The applicant may then request a hearing, pursuant to
1076chapter 120, on the intention of the department to refuse or
1077revoke registration, and, upon his or her failure to do so, the
1078refusal or revocation shall become final without further
1079procedure. In no event shall registration of a pesticide be
1080construed as a defense for the commission of any offense
1081prohibited under this part chapter.
1082     (8)  Nothing in this section affects the authority of the
1083department to administer the pesticide registration program
1084under this part chapter or the authority of the Commissioner of
1085Agriculture to approve the registration of a pesticide.
1086     Section 27.  Section 487.0435, Florida Statutes, is amended
1087to read:
1088     487.0435  License classification.--The department shall
1089issue certified applicator licenses in the following
1090classifications: certified public applicator; certified private
1091applicator; and certified commercial applicator. In addition,
1092separate classifications and subclassifications may be specified
1093by the department in rule as deemed necessary to carry out the
1094provisions of this part chapter. Each classification shall be
1095subject to requirements or testing procedures to be set forth by
1096rule of the department and shall be restricted to the activities
1097within the scope of the respective classification as established
1098in statute or by rule. In specifying classifications, the
1099department may consider, but is not limited to, the following:
1100     (1)  Whether the license sought is for commercial, public,
1101or private applicator status.
1102     (2)  The method of applying the restricted-use pesticide.
1103     (3)  The specific crops upon which restricted-use
1104pesticides are applied.
1105     (4)  The proximity of populated areas to the land upon
1106which restricted-use pesticides are applied.
1107     (5)  The acreage under the control of the licensee.
1108     (6)  The pounds of technical restricted toxicant applied
1109per acre per year by the licensee.
1110     Section 28.  Section 487.045, Florida Statutes, is amended
1111to read:
1112     487.045  Fees.--
1113     (1)  The department shall establish applicable fees by
1114rule. The fees shall not exceed $250 for commercial applicators
1115or $100 for private applicators and public applicators, for
1116initial licensing and for each subsequent license renewal. The
1117fees shall be determined annually and shall represent department
1118costs associated with enforcement of the provisions of this part
1119chapter.
1120     (2)  Fees collected under the provisions of this part
1121chapter shall be deposited into the General Inspection Trust
1122Fund and shall be used to defray expenses in the administration
1123of this part chapter.
1124     Section 29.  Subsection (2) of section 487.046, Florida
1125Statutes, is amended to read:
1126     487.046  Application; licensure.--
1127     (2)  If the department finds the applicant qualified in the
1128classification for which the applicant has applied, and if the
1129applicant applying for a license to engage in aerial application
1130of pesticides has met all of the requirements of the Federal
1131Aviation Agency and the Department of Transportation of this
1132state to operate the equipment described in the application and
1133has shown proof of liability insurance or posted a surety bond
1134in an amount to be set forth by rule of the department, the
1135department shall issue a certified applicator's license, limited
1136to the classifications for which the applicant is qualified. The
1137license shall expire as required by rules promulgated under this
1138part chapter, unless it has been revoked or suspended by the
1139department prior to expiration, for cause as provided in this
1140part chapter. The license or authorization card issued by the
1141department verifying licensure shall be kept on the person of
1142the licensee while performing work as a licensed applicator.
1143     Section 30.  Section 487.047, Florida Statutes, is amended
1144to read:
1145     487.047  Nonresident license; reciprocal agreement;
1146authorized purchase.--
1147     (1)  The department may waive all or part of the
1148examination requirements provided for in this part chapter on a
1149reciprocal basis with any other state or agency, or an Indian
1150tribe, that has substantially the same or better standards.
1151     (2)  Any nonresident applying for a license under this part
1152chapter to operate in the state shall file a Designation of
1153Registered Agent naming the Secretary of State as the agent of
1154the nonresident, upon whom process may be served in the event of
1155any suit against the nonresident. The designation shall be
1156prepared on a form provided by the department and shall render
1157effective the jurisdiction of the courts of this state over the
1158nonresident applicant. However, any nonresident who has a duly
1159appointed registered agent upon whom process may be served as
1160provided by law shall not be required to designate the Secretary
1161of State as registered agent. The Secretary of State shall be
1162allowed the registered-agent fees as provided by law for
1163designating registered agents. The department shall be furnished
1164with a copy of the designation of the Secretary of State or of a
1165registered agent which is certified by the Secretary of State.
1166The Secretary of State shall notify the department of any
1167service of process it receives as registered agent for persons
1168licensed under this part chapter.
1169     (3)  Restricted-use pesticides may be purchased by any
1170person who holds a valid applicator's license or who holds a
1171valid purchase authorization card issued by the department or by
1172a licensee under chapter 482 or chapter 388. A nonlicensed
1173person may apply restricted-use pesticides under the direct
1174supervision of a licensed applicator. An applicator's license
1175shall be issued by the department on a form supplied by it in
1176accordance with the requirements of this part chapter.
1177     Section 31.  Subsection (1) of section 487.049, Florida
1178Statutes, is amended to read:
1179     487.049  Renewal; late fee; recertification.--
1180     (1)  The department shall require renewal of a certified
1181applicator's license at 4-year intervals from the date of
1182issuance. If the application for renewal of any license provided
1183for in this part chapter is not filed on time, a late fee shall
1184be assessed not to exceed $50. However, the penalty shall not
1185apply if the renewal application is filed within 60 days after
1186the renewal date, provided the applicant furnishes an affidavit
1187certifying that he or she has not engaged in business subsequent
1188to the expiration of the license for a period not exceeding 60
1189days. A license may be renewed without taking another
1190examination unless the department determines that new knowledge
1191related to the classification for which the applicant has
1192applied makes a new examination necessary; however, the
1193department may require the applicant to provide evidence of
1194continued competency, as determined by rule. If the license is
1195not renewed within 60 days after of the expiration date, then
1196the licensee may again be required to take another examination,
1197unless there is some unavoidable circumstance which results in
1198the delay of the renewal of any license issued under this part
1199chapter which was not under the applicant's control.
1200     Section 32.  Paragraph (b) of subsection (1) and subsection
1201(2) of section 487.051, Florida Statutes, are amended to read:
1202     487.051  Administration; rules; procedure.--
1203     (1)  The department may by rule:
1204     (b)  Establish procedures for the taking and handling of
1205samples and establish tolerances and deficiencies where not
1206specifically provided for in this part chapter; assess
1207penalties; and prohibit the sale or use of pesticides or devices
1208shown to be detrimental to human beings, the environment, or
1209agriculture or to be otherwise of questionable value.
1210     (2)  The department is authorized to adopt by rule the
1211primary standards established by the United States Environmental
1212Protection Agency with respect to pesticides. If the provisions
1213of this part chapter are preempted in part by federal law, those
1214provisions not preempted shall apply. This part chapter is
1215intended as comprehensive and exclusive regulation of pesticides
1216in this state. Except as provided in chapters 373, 376, 388,
1217403, and 482, or as otherwise provided by law, no agency,
1218commission, department, county, municipality, or other political
1219subdivision of the state may adopt laws, regulations, rules, or
1220policies pertaining to pesticides, including their registration,
1221packaging, labeling, distribution, sale, or use, except that
1222local jurisdictions may adopt or enforce an ordinance pertaining
1223to pesticides if that ordinance is in the area of occupational
1224license taxes, building and zoning regulations, disposal or
1225spillage of pesticides within a water well zone, or pesticide
1226safety regulations relating to containment at the storage site.
1227     Section 33.  Subsection (4) of section 487.0615, Florida
1228Statutes, is amended to read:
1229     487.0615  Pesticide Review Council.--
1230     (4)  The council is defined as a "substantially interested
1231person" and has standing under chapter 120 in any proceeding
1232conducted by the department relating to the registration of a
1233pesticide under this part chapter. The standing of the council
1234shall in no way prevent individual members of the council from
1235exercising standing in these matters.
1236     Section 34.  Section 487.071, Florida Statutes, is amended
1237to read:
1238     487.071  Enforcement, inspection, sampling, and analysis.--
1239     (1)  The department is authorized to enter upon any public
1240or private premises or carrier where pesticides are known or
1241thought to be distributed, sold, offered for sale, held, stored,
1242or applied, during regular business hours in the performance of
1243its duties relating to pesticides and records pertaining to
1244pesticides. No person shall deny or refuse access to the
1245department when it seeks to enter upon any public or private
1246premises or carrier during business hours in performance of its
1247duties under this part chapter.
1248     (2)  The department is authorized and directed to sample,
1249test, inspect, and make analyses of pesticides sold, offered for
1250sale, distributed, or used within this state, at a time and
1251place and to such an extent as it may deem necessary, to
1252determine whether the pesticides or persons exercising control
1253over the pesticides are in compliance with the provisions of
1254this part chapter, the rules adopted under this part chapter,
1255and the provisions of the pesticide label or labeling.
1256     (3)  The official analysis shall be made from the official
1257sample. A sealed and identified sample, herein called "official
1258check sample" shall be kept until the analysis on the official
1259sample is completed. However, the registrant may obtain upon
1260request a portion of the official sample. Upon completion of the
1261analysis of the official sample, a true copy of the certificate
1262of analysis shall be mailed to the registrant of the pesticide
1263from whom the official sample was taken and also to the dealer
1264or agent, if any, and consumer, if known. If the official
1265analysis conforms with the provisions of this part chapter, the
1266official check sample may be destroyed. If the official analysis
1267does not conform with the provisions of this part chapter, the
1268rules adopted under this part chapter, and the provisions of the
1269pesticide label or labeling, the official check sample shall be
1270retained for a period of 90 days from the date of the
1271certificate of analysis of the official sample. If within that
1272time the registrant of the pesticide from whom the official
1273sample was taken makes demand for analysis by a referee chemist,
1274a portion of the official check sample sufficient for analysis
1275shall be sent to a referee chemist who is mutually acceptable to
1276the department and the registrant for analysis at the expense of
1277the registrant. Upon completion of the analysis, the referee
1278chemist shall forward to the department and to the registrant a
1279certificate of analysis bearing a proper identification mark or
1280number; and such certificate of analysis shall be verified by an
1281affidavit of the person or laboratory making the analysis. If
1282the certificate of analysis checks within 3 percent of the
1283department's analysis on each active ingredient for which
1284analysis was made, the mean average of the two analyses shall be
1285accepted as final and binding on all concerned. However, if the
1286referee's certificate of analysis shows a variation of greater
1287than 3 percent from the department's analysis in any one or more
1288of the active ingredients for which an analysis was made, upon
1289demand of either the department or the registrant from whom the
1290official sample was taken, a portion of the official check
1291sample sufficient for analysis shall be submitted to a second
1292referee chemist who is mutually acceptable to the department and
1293the registrant, at the expense of the party or parties
1294requesting the referee analysis. Upon completion of the
1295analysis, the second referee chemist shall make a certificate
1296and report as provided in this subsection for the first referee
1297chemist. The mean average of the two analyses nearest in
1298conformity shall be accepted as final and binding on all
1299concerned. If no demand is made for an analysis by a second
1300referee chemist, the department's certificate of analysis shall
1301be accepted as final and binding on all concerned.
1302     (4)  If a pesticide or device fails to comply with the
1303provisions of this part chapter with reference to the ingredient
1304statement reflecting the composition of the product, as required
1305on the registration and labeling, and the department
1306contemplates possible criminal proceedings against the person
1307responsible because of this violation, the department shall,
1308after due notice, accord the person an informal hearing or an
1309opportunity to present evidence and opinions, either orally or
1310in writing, with regard to such contemplated proceedings. If in
1311the opinion of the department the facts warrant, the department
1312may refer the facts to the state attorney for the county in
1313which the violation occurred, with a copy of the results of the
1314analysis or the examination of such article; provided that
1315nothing in this part chapter shall be construed as requiring the
1316department to report for prosecution minor violations whenever
1317it believes that the public interest will be subserved by a
1318suitable notice of warning in writing.
1319     (5)  It shall be the duty of each state attorney to whom
1320any such violation is reported to cause appropriate proceedings
1321to be instituted and prosecuted in a court of competent
1322jurisdiction without delay.
1323     (6)  The department shall, by publication in such manner as
1324it may prescribe, give notice of all judgments entered in
1325actions instituted under the authority of this part chapter.
1326     (7)(a)  The department may analyze pesticide samples upon
1327request in a manner consistent with this part chapter.
1328     (b)  The department shall establish by rule a fee schedule
1329for pesticide samples analyzed upon request. The fees shall be
1330sufficient to cover the costs to the department for taking the
1331samples and performing the analysis. However, no fee shall
1332exceed $400 per test.
1333     (c)  The department shall keep separate records with
1334respect to requested pesticide analyses, including the pesticide
1335analyzed, tests performed, fees collected, the name and address
1336of the person who requested the analysis, and the name and
1337address of the registrant.
1338     (d)  All fees collected pursuant to this subsection shall
1339be deposited into the General Inspection Trust Fund and shall be
1340used by the department to implement this subsection.
1341     (e)  In addition to any other penalty provided by this part
1342chapter, the registrant of any pesticide found to be
1343adulterated, misbranded, or otherwise deficient shall reimburse
1344the person requesting the pesticide analysis under this
1345subsection for all fees assessed by and paid to the department.
1346     Section 35.  Subsections (2), (3), and (4) of section
1347487.081, Florida Statutes, are amended to read:
1348     487.081  Exemptions.--
1349     (2)  No article shall be deemed in violation of this part
1350chapter when intended solely for export to a foreign country and
1351when prepared or packed according to the specifications or
1352directions of the purchaser.
1353     (3)  Notwithstanding any other provision of this part
1354chapter, registration required under this part chapter is not
1355required in the case of a pesticide stored or shipped from one
1356manufacturing plant within this state to another manufacturing
1357plant within this state operated by the same person.
1358     (4)  Nothing in this part chapter shall be construed to
1359apply to persons duly licensed or certified under chapter 388 or
1360chapter 482 performing any pest control or other operation for
1361which they are licensed or certified under those chapters.
1362     Section 36.  Subsection (2) of section 487.091, Florida
1363Statutes, is amended to read:
1364     487.091  Tolerances, deficiencies, and penalties.--
1365     (2)  If a pesticide is found by analysis to be deficient in
1366an active ingredient beyond the tolerance as provided in this
1367part chapter, the registrant is subject to a penalty for the
1368deficiency, not to exceed $10,000 per violation. However, no
1369penalty shall be assessed when the official sample was taken
1370from a pesticide that was in the possession of a consumer for
1371more than 45 days from the date of purchase by that consumer, or
1372when the product label specifies that the product should be used
1373by an expiration date that has passed. Procedures for assessing
1374penalties shall be established by rule, based on the degree of
1375the deficiency. Penalties assessed shall be paid to the consumer
1376or, in the absence of a known consumer, the department. If the
1377penalty is not paid within the prescribed period of time as
1378established by rule, the department may deny, suspend, or revoke
1379the registration of any pesticide.
1380     Section 37.  Section 487.101, Florida Statutes, is amended
1381to read:
1382     487.101  Stop-sale, stop-use, removal, or hold orders.--
1383     (1)  When a pesticide or device is being offered or exposed
1384for sale, used, or held in violation of any of the provisions of
1385this part chapter, the department may issue and enforce a stop-
1386sale, stop-use, removal, or hold order, in writing, to the owner
1387or custodian of the pesticide or device, ordering that the
1388pesticide or device be held at a designated place until the part
1389chapter has been complied with and the pesticide or device is
1390released, in writing, by the department or the violation has
1391been disposed of by court order.
1392     (2)  The written notice is warning to all persons,
1393including, but not limited to, the owner or custodian of the
1394pesticide or the owner's or custodian's agents or employees, to
1395scrupulously refrain from moving, bothering, altering, or
1396interfering with the pesticide or device or from altering,
1397defacing, or in any way interfering with the written notice or
1398permitting the same to be done. The willful violation of these
1399provisions is a misdemeanor, subjecting the violator to the
1400penalty provisions of this part chapter.
1401     (3)  The department shall release the pesticide or device
1402under a stop-sale, stop-use, removal, or hold order when the
1403owner or custodian complies with the provisions of this part
1404chapter.
1405     (4)  The owner or custodian, with authorization and
1406supervision of the department, may relabel the pesticide or
1407device so that the label will conform to the product, or
1408transfer and return the product to the manufacturer or supplier
1409for the purpose of bringing the product in compliance with the
1410provisions of this part chapter.
1411     Section 38.  Subsection (1) of section 487.111, Florida
1412Statutes, is amended to read:
1413     487.111  Seizure, condemnation, and sale.--
1414     (1)  Any lot of pesticide or device not in compliance with
1415the provisions of this part chapter is subject to seizure on
1416complaint of the department to the circuit court in the county
1417in which the pesticide or device is located. In the event the
1418court finds the pesticide or device in violation of this part
1419chapter and orders it condemned, it shall be disposed of as the
1420court may direct; provided that in no instance shall the
1421disposition of the pesticide or device be ordered by the court
1422without first giving the owner or custodian an opportunity to
1423apply to the court for release of the pesticide or device or for
1424permission to process or relabel it to bring it into compliance
1425with this part chapter.
1426     Section 39.  Section 487.13, Florida Statutes, is amended
1427to read:
1428     487.13  Cooperation.--The department is authorized and
1429empowered to cooperate with and enter into agreements with any
1430other agency of this state, the United States Department of
1431Agriculture, the United States Environmental Protection Agency,
1432and any other state or federal agency for the purpose of
1433carrying out the provisions of this part chapter and securing
1434uniformity of regulations.
1435     Section 40.  Section 487.156, Florida Statutes, is amended
1436to read:
1437     487.156  Governmental agencies.--All governmental agencies
1438shall be subject to the provisions of this part chapter and
1439rules adopted under this part chapter. Public applicators using
1440or supervising the use of restricted-use pesticides shall be
1441subject to examination as provided in s. 487.044.
1442     Section 41.  Subsection (1) of section 487.159, Florida
1443Statutes, is amended to read:
1444     487.159  Damage or injury to property, animal, or person;
1445mandatory report of damage or injury; time for filing; failure
1446to file.--
1447     (1)  The person claiming damage or injury to property,
1448animal, or human beings from application of a pesticide shall
1449file with the department a written statement claiming damages,
1450on a form prescribed by the department, within 48 hours after
1451the damage or injury becomes apparent. The statement shall
1452contain, but shall not be limited to, the name of the person
1453responsible for the application of the pesticide, the name of
1454the owner or lessee of the land on which the crop is grown and
1455for which the damages are claimed, and the date on which it is
1456alleged that the damages occurred. The department shall
1457investigate the alleged damages and notify all concerned parties
1458of its findings. If the findings reveal a violation of the
1459provisions of this part chapter, the department shall determine
1460an appropriate penalty, as provided in this part chapter. The
1461filing of a statement or the failure to file such a statement
1462need not be alleged in any complaint which might be filed in a
1463court of law, and the failure to file the statement shall not be
1464considered any bar to the maintenance of any criminal or civil
1465action.
1466     Section 42.  Section 487.161, Florida Statutes, is amended
1467to read:
1468     487.161  Exemptions, nonagricultural pest control and
1469research.--
1470     (1)  Any person duly licensed or certified under chapter
1471482, or under the supervision of chapter 388, is exempted from
1472the licensing provisions of this part chapter.
1473     (2)  The use of the antibiotic oxytetracycline
1474hydrochloride for the purpose of controlling lethal yellowing is
1475exempted from the licensing provisions of this part chapter.
1476     (3)  The personnel of governmental, university, or
1477industrial research agencies are exempted from the provisions of
1478this part chapter when doing applied research within a
1479laboratory, but shall comply with all the provisions of this
1480part chapter when applying restricted-use pesticides to
1481experimental or demonstration plots.
1482     Section 43.  Section 487.163, Florida Statutes, is amended
1483to read:
1484     487.163  Information; interagency cooperation.--
1485     (1)  The department may, in cooperation with the University
1486of Florida or other agencies of government, publish information
1487and conduct short courses of instruction in the safe use and
1488application of pesticides for the purpose of carrying out the
1489provisions of this part chapter.
1490     (2)  The department may cooperate or enter into formal
1491agreements with any other agency or educational institution of
1492this state or its subdivisions or with any agency of any other
1493state or of the Federal Government for the purpose of carrying
1494out the provisions of this part chapter and of securing
1495uniformity of regulations.
1496     Section 44.  Subsections (1), (2), and (3) of section
1497487.171, Florida Statutes, are amended to read:
1498     487.171  Classification of antifouling paint containing
1499organotin compounds as restricted-use pesticides; prohibition of
1500distribution and sale.--
1501     (1)  The department shall classify antifouling paints
1502containing organotin compounds having an acceptable release rate
1503as restricted-use pesticides subject to the requirements of this
1504part chapter. Antifouling paints containing organotin having
1505acceptable release rates and sold in spray cans of 16 ounces
1506avoirdupois weight or less for outboard motor or lower unit use
1507are exempt from the restricted-use pesticide classification
1508requirement.
1509     (2)  The department shall initiate action under chapter
1510120, to deny or cancel the registration of antifouling paints
1511containing organotin compounds which do not have an acceptable
1512release rate or do not meet other criteria established by the
1513department in accordance with this part chapter.
1514     (3)  Distribution, sale, and use of antifouling paints
1515containing organotin compounds with acceptable release rates
1516shall be limited to dealers and applicators licensed by the
1517department in accordance with this part chapter, to distribute,
1518sell, or use restricted-use pesticides. Such paint may be
1519applied only by licensed applicators and may be applied only to
1520vessels which exceed 25 meters in length or which have aluminum
1521hulls.
1522     Section 45.  Section 487.175, Florida Statutes, is amended
1523to read:
1524     487.175  Penalties; administrative fine; injunction.--
1525     (1)  In addition to any other penalty provided in this part
1526chapter, when the department finds any person, applicant, or
1527licensee has violated any provision of this part chapter or rule
1528adopted under this part chapter, it may enter an order imposing
1529any one or more of the following penalties:
1530     (a)  Denial of an application for licensure.
1531     (b)  Revocation or suspension of a license.
1532     (c)  Issuance of a warning letter.
1533     (d)  Placement of the licensee on probation for a specified
1534period of time and subject to conditions the department may
1535specify by rule, including requiring the licensee to attend
1536continuing education courses, to demonstrate competency through
1537a written or practical examination, or to work under the direct
1538supervision of another licensee.
1539     (e)  Imposition of an administrative fine not to exceed
1540$10,000 for each violation. When imposing any fine under this
1541paragraph, the department shall consider the degree and extent
1542of harm caused by the violation, the cost of rectifying the
1543damage, the amount of money the violator benefited from by
1544noncompliance, whether the violation was committed willfully,
1545and the compliance record of the violator.
1546     (2)  Any person who violates any provision of this part
1547chapter or rules adopted pursuant thereto commits a misdemeanor
1548of the second degree and upon conviction is punishable as
1549provided in s. ss. 775.082 or s. and 775.083. For a subsequent
1550violation, such person commits a misdemeanor of the first degree
1551and upon conviction is punishable as provided in s. ss. 775.082
1552or s. and 775.083.
1553     (3)  In addition to the remedies provided in this part
1554chapter and notwithstanding the existence of any adequate remedy
1555at law, the department may bring an action to enjoin the
1556violation or threatened violation of any provision of this part
1557chapter, or rule adopted under this part chapter, in the circuit
1558court of the county in which the violation occurred or is about
1559to occur. Upon the department's presentation of competent and
1560substantial evidence to the court of the violation or threatened
1561violation, the court shall immediately issue the temporary or
1562permanent injunction sought by the department. The injunction
1563shall be issued without bond. A single act in violation of any
1564provision of this part chapter shall be sufficient to authorize
1565the issuance of an injunction.
1566     Section 46.  Subsection (1) of section 482.242, Florida
1567Statutes, is amended to read:
1568     482.242  Preemption.--
1569     (1)  This chapter is intended as comprehensive and
1570exclusive regulation of pest control in this state. The
1571provisions of this chapter preempt to the state all regulation
1572of the activities and operations of pest control services,
1573including the pesticides used pursuant to labeling and
1574registration approved under part I of chapter 487. No local
1575government or political subdivision of the state may enact or
1576enforce an ordinance that regulates pest control, except that
1577the preemption in this section does not prohibit a local
1578government or political subdivision from enacting an ordinance
1579regarding any of the following:
1580     (a)  Local occupational licenses adopted pursuant to
1581chapter 205.
1582     (b)  Land development regulations adopted pursuant to
1583chapter 163 which include regulation of any aspect of
1584development, including a subdivision, building construction,
1585sign regulation or any other regulation concerning the
1586development of land, or landscaping or tree protection
1587ordinances which do not include pesticide application
1588restrictions.
1589     (c)  Regulations that:
1590     1.  Require, for multicomplex dwellings in excess of 10
1591units, annual termite inspections for termite activity or
1592damage, including Formosan termites, which must be performed by
1593a person licensed under this chapter.
1594     2.  Require pest control treatments of structures that have
1595termite activity or damage which must be performed by a person
1596licensed under this chapter.
1597     3.  Require property owners or other persons to obtain
1598inspections or pest control treatments performed by a person
1599licensed under this chapter.
1600
1601An ordinance by a local government or political subdivision
1602which requires an annual inspection or pest control treatment
1603must conform to current law.
1604     (d)  Protection of wellhead protection areas and high
1605recharge areas.
1606     (e)  Hazardous materials reporting as set forth in part II
1607of chapter 252, storage, and containment including as relating
1608to stormwater management.
1609     (f)  Hazardous material unlawful discharge and disposal.
1610     (g)  Hazardous materials remediation.
1611     Section 47.  Section 487.2011, Florida Statutes, is created
1612to read:
1613     487.2011  Popular name; administration.--This part may be
1614known by the popular name the "Florida Agricultural Worker
1615Safety Act" and shall be administered by the Department of
1616Agriculture and Consumer Services.
1617     Section 48.  Section 487.2021, Florida Statutes, is created
1618to read:
1619     487.2021  Legislative intent.--It is the intent of the
1620Legislature to ensure that agricultural workers employed in the
1621state receive protection from agricultural pesticides. The
1622Legislature intends to ensure that agricultural workers be given
1623information concerning agricultural pesticides.
1624     Section 49.  Section 487.2031, Florida Statutes, is created
1625to read:
1626     487.2031  Definitions.--For the purposes of this part, the
1627term:
1628     (1)  "Agricultural employer" means any person who hires or
1629contracts for the services of workers to perform activities
1630related to the production of agricultural plants or any person
1631who is an owner of, or responsible for, the management or
1632condition of an agricultural establishment that uses such
1633workers.
1634     (2)  "Agricultural establishment" means any farm, forest,
1635nursery, or greenhouse.
1636     (3)  "Agricultural plant" means any plant grown or
1637maintained for commercial or research purposes and includes, but
1638is not limited to, food, feed, fiber plants, trees, turfgrass,
1639flowers, shrubs, ornamentals, and seedlings.
1640     (4)  "Department" means the Department of Agriculture and
1641Consumer Services.
1642     (5)  "Designated representative" means any organization or
1643person to whom a worker gives written authorization to exercise
1644the right to request the agricultural pesticide information
1645pursuant to this part.
1646     (6)  "Fact sheet" means an agricultural pesticide fact
1647sheet approved by the state or federal government that provides
1648information about the impacts of the use of an agricultural
1649pesticide.
1650     (7)  "Material safety data sheet" means written or printed
1651material concerning an agricultural pesticide that sets forth
1652the following information:
1653     (a)  The chemical name and the common name of the
1654agricultural pesticide.
1655     (b)  The hazards or other risks in the use of the
1656agricultural pesticide, including:
1657     1.  The potential for fire, explosions, corrosivity, and
1658reactivity.
1659     2.  The known acute health effects and chronic health
1660effects of exposure to the agricultural pesticide, including
1661those medical conditions that are generally recognized as being
1662aggravated by exposure to the agricultural pesticide.
1663     3.  The primary routes of entry and symptoms of
1664overexposure.
1665     (c)  The proper handling practices, necessary personal
1666protective equipment, and other proper or necessary safety
1667precautions in circumstances that involve the use of or exposure
1668to the agricultural pesticide, including appropriate emergency
1669treatment in case of overexposure.
1670     (d)  The emergency procedures for spills, fire, disposal,
1671and first aid.
1672     (e)  A description of the known specific potential health
1673risks posed by the agricultural pesticide, which is written in
1674lay terms and is intended to alert any person who reads the
1675information.
1676     (f)  The year and month, if available, that the information
1677was compiled and the name, address, and emergency telephone
1678number of the manufacturer responsible for preparing the
1679information.
1680     (8)  "Retaliatory action" means an action, such as
1681dismissal, demotion, harassment, blacklisting with other
1682employers, reducing pay or work hours, or taking away company
1683housing, that is taken by any agricultural employer against a
1684worker who exercises any right under the provisions of the
1685United States Environmental Protection Agency Worker Protection
1686Standard, 40 C.F.R. s. 1707(b), or this part.
1687     (9)  "Trainer" means any person who is qualified to train
1688workers under the pesticide safety training requirements of the
1689United States Environmental Protection Agency Worker Protection
1690Standard, 40 C.F.R. s. 170.130.
1691     (10)  "Worker" means any person, including a farmworker or
1692a self-employed person, who receives any type of compensation
1693for employment that involves tasks relating to the production of
1694agricultural plants on an agricultural establishment. The term
1695"worker" does not include any person employed by a commercial
1696pesticide handling establishment to perform tasks as a crop
1697advisor.
1698     Section 50.  Section 487.2041, Florida Statutes, is created
1699to read:
1700     487.2041  Enforcement of federal worker protection
1701regulations.--The department shall, to the extent that resources
1702are available, continue to operate under the United States
1703Environmental Protection Agency regulations regarding the
1704Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
1705156, and the Worker Protection Standard, 40 C.F.R. part 170,
1706which the department adopted by rule during the 1995-1996 fiscal
1707year and published in the Florida Administrative Code. Any
1708provision of this part not preempted by federal law shall
1709continue to apply.
1710     Section 51.  Section 487.2051, Florida Statutes, is created
1711to read:
1712     487.2051  Availability of agricultural pesticide
1713information to workers and medical personnel.--
1714     (1)  An agricultural employer shall make available
1715agricultural pesticide information concerning any agricultural
1716pesticide to any worker:
1717     (a)  Who enters an agricultural-pesticide-treated area on
1718an agricultural establishment where:
1719     1.  An agricultural pesticide has been applied within 30
1720days of that entry; or
1721     2.  A restricted-entry interval has been in effect; or
1722     (b)  Who may be exposed to the agricultural pesticide
1723during normal conditions of use or in a foreseeable emergency.
1724     (2)  The agricultural pesticide information provided
1725pursuant to subsection (1) must be in the form of a fact sheet
1726or a material safety data sheet. The agricultural employer shall
1727provide a written copy of the information provided pursuant to
1728subsection (1) within 2 working days after a request for the
1729information by a worker or a designated representative. In the
1730case of a pesticide-related medical emergency, the agricultural
1731employer shall provide a written copy of the information
1732promptly upon the request of the worker, the designated
1733representative, or medical personnel treating the worker.
1734     (3)  Upon the initial purchase of a product and with the
1735first purchase after the material safety data sheet is updated,
1736the distributor, manufacturer, or importer of agricultural
1737pesticides shall obtain or develop and provide each direct
1738purchaser of an agricultural pesticide with a material safety
1739data sheet. If the material safety data sheet or fact sheet for
1740the agricultural pesticide is not available when the
1741agricultural pesticide is purchased, the agricultural employer
1742shall take appropriate and timely steps to obtain the material
1743safety data sheet or fact sheet from the distributor, the
1744manufacturer, the department, a federal agency, or another
1745distribution source.
1746     (4)  The department shall produce and make available to a
1747trainer a one-page general agricultural pesticide safety sheet.
1748The safety sheet must be in a language understandable to the
1749worker and must include, but need not be limited to, illustrated
1750instructions on preventing agricultural pesticide exposure and
1751toll-free telephone numbers to the Florida Poison Control
1752Centers. The trainer shall provide the safety sheet to the
1753worker pursuant to the United States Environmental Protection
1754Agency Worker Protection Standard, 40 C.F.R. s. 170.130.
1755     Section 52.  Section 487.2061, Florida Statutes, is created
1756to read:
1757     487.2061  Prohibited acts.--Any person covered by this part
1758may not:
1759     (1)  Fail to provide agricultural pesticide information as
1760required in this part; or
1761     (2)  Take retaliatory action.
1762     Section 53.  Section 487.2071, Florida Statutes, is created
1763to read:
1764     487.2071  Penalties against violators; worker relief;
1765monitoring complaints of retaliation.--
1766     (1)  Penalties set forth in this part shall be applied to
1767any person who violates this part. A persons who violates this
1768part is subject to federal penalties as provided in the United
1769States Environmental Protection Agency Worker Protection
1770Standard, 40 C.F.R. s. 170.9(b).
1771     (2)  A worker who has been subject to retaliatory action
1772and seeks relief under this section may file a complaint with
1773the department.
1774     (3)  In any action brought pursuant to this section that
1775involves retaliatory action, if the retaliatory action is
1776predicated on the disclosure by a worker of an illegal action,
1777policy, or practice of any person covered by this part to an
1778appropriate governmental agency, the worker may not be required
1779to show that the disclosure was under oath or in writing or that
1780the worker notified the employer in writing of the illegal
1781action, policy, or practice.
1782     (4)  The department shall monitor all complaints of
1783retaliation that it receives and report its findings to the
1784President of the Senate and the Speaker of the House of
1785Representatives on or before October 1, 2008. The report shall
1786include the number of such complaints received, the
1787circumstances surrounding the complaints, and the actions taken
1788concerning the complaints.
1789     Section 54.  Paragraph (x) of subsection (1) of section
1790500.03, Florida Statutes, is amended to read:
1791     500.03  Definitions; construction; applicability.--
1792     (1)  For the purpose of this chapter, the term:
1793     (x)  "Pesticide chemical" means any substance which, alone,
1794in chemical combination, or in formulation with one or more
1795other substances is a "pesticide" within the meaning of the
1796Florida Pesticide Law, part I of chapter 487, and which is used
1797in the production, storage, or transportation of raw
1798agricultural commodities.
1799     Section 55.  Subsections (1) and (6) of section 570.44,
1800Florida Statutes, are amended to read:
1801     570.44  Division of Agricultural Environmental Services;
1802powers and duties.--The duties of the Division of Agricultural
1803Environmental Services include, but are not limited to:
1804     (1)  Inspecting and drawing samples of: commercial feeds
1805offered for sale in this state and enforcing those provisions of
1806chapter 580 authorized by the department; seeds offered for sale
1807in this state and enforcing those provisions of chapter 578
1808authorized by the department; certified seed grown in this
1809state; fertilizers offered for sale in this state and enforcing
1810those provisions of chapter 576 authorized by the department;
1811and pesticides offered for sale in this state, and soil and
1812water in this state for the presence of pesticides, and
1813enforcing those provisions of part I of chapter 487 authorized
1814by the department.
1815     (6)  Analyzing samples of pesticide formulations offered
1816for sale in this state and tank mix, soil, water, and other
1817environmental samples related to pesticide use investigations,
1818as required under part I of chapter 487.
1819     Section 56.  Subsection (7) of section 440.16, Florida
1820Statutes, is amended to read:
1821     440.16  Compensation for death.--
1822     (7)  Compensation under this chapter to aliens not
1823residents (or about to become nonresidents) of the United States
1824or Canada shall be the same in amount as provided for residents,
1825except that dependents in any foreign country shall be limited
1826to surviving spouse and child or children, or if there be no
1827surviving spouse or child or children, to surviving father or
1828mother whom the employee has supported, either wholly or in
1829part, for the period of 1 year prior to the date of the injury,
1830and except that the judge of compensation claims may, at the
1831option of the judge of compensation claims, or upon the
1832application of the insurance carrier, commute all future
1833installments of compensation to be paid to such aliens by paying
1834or causing to be paid to them one-half of the commuted amount of
1835such future installments of compensation as determined by the
1836judge of compensation claims, and provided further that
1837compensation to dependents referred to in this subsection shall
1838in no case exceed $75,000.
1839     Section 57.  The Division of Statutory Revision is
1840requested to designate sections 487.011-487.175, Florida
1841Statutes, as part I of chapter 487, entitled the "Florida
1842Pesticide Law," and sections 487.2011-487.2071, Florida
1843Statutes, as created by this act, as part II of that chapter,
1844entitled the "Florida Agricultural Worker Safety Act."
1845     Section 58.  There is hereby appropriated to the Department
1846of Agriculture and Consumer Services the sum of $900,000 for the
1847purpose of funding the Future Farmers of America Leadership
1848Training Institute in Polk County.
1849     Section 59.  This act shall take effect July 1, 2004.


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