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
105appropriations and authorizing positions; providing an
106effective date.
107
108Be It Enacted by the Legislature of the State of Florida:
109
110     Section 1.  This act may be known by the popular name the
111"Alfredo Bahena Act."
112     Section 2.  Subsection (8) of section 381.008, Florida
113Statutes, is amended to read:
114     381.008  Definitions of terms used in ss. 381.008-
115381.00897.--As used in ss. 381.008-381.00897, the following
116words and phrases mean:
117     (8)  "Residential migrant housing"--A building, structure,
118mobile home, barracks, or dormitory, and any combination thereof
119on adjacent property which is under the same ownership,
120management, or control, and the land appertaining thereto, that
121is rented or reserved for occupancy by five or more seasonal or
122migrant farmworkers, except:
123     (a)  Housing furnished as an incident of employment.
124     (b)  A single-family residence or mobile home dwelling unit
125that is occupied only by a single family and that is not under
126the same ownership, management, or control as other farmworker
127housing to which it is adjacent or contiguous.
128     (c)  A hotel, motel, or resort condominium, as defined in
129chapter 509, that is furnished for transient occupancy.
130     (d)  Any housing owned or operated by a public housing
131authority except for housing which is specifically provided for
132persons whose principal income is derived from agriculture.
133     Section 3.  Subsections (1) and (2) of section 381.0086,
134Florida Statutes, are amended, and subsection (6) is added to
135said section, to read:
136     381.0086  Rules; variances; penalties.--
137     (1)  The department shall adopt rules necessary to protect
138the health and safety of migrant farmworkers farm workers and
139other migrant labor camp or residential migrant housing
140occupants, including rules governing field sanitation
141facilities. These rules must include definitions of terms,
142provisions relating to plan review of the construction of new,
143expanded, or remodeled camps or residential migrant housing,
144sites, buildings and structures, personal hygiene facilities,
145lighting, sewage disposal, safety, minimum living space per
146occupant, bedding, food equipment, food storage and preparation,
147insect and rodent control, garbage, heating equipment, water
148supply, maintenance and operation of the camp, housing, or
149roads, and such other matters as the department finds to be
150appropriate or necessary to protect the life and health of the
151occupants. Housing operated by a public housing authority is
152exempt from the provisions of any administrative rule that
153conflicts with or is more stringent than the federal standards
154applicable to the housing.
155     (2)  Except when prohibited as specified in subsection (6),
156an owner or operator may apply for a permanent structural
157variance from the department's rules by filing a written
158application and paying a fee set by the department, not to
159exceed $100. This application must:
160     (a)  Clearly specify the standard from which the variance
161is desired.;
162     (b)  Provide adequate justification that the variance is
163necessary to obtain a beneficial use of an existing facility and
164to prevent a practical difficulty or unnecessary hardship.; and
165     (c)  Clearly set forth the specific alternative measures
166that the owner or operator has taken to protect the health and
167safety of occupants and adequately show that the alternative
168measures have achieved the same result as the standard from
169which the variance is sought.
170     (6)  For the purposes of filing an interstate clearance
171order with the Agency for Workforce Innovation, if the housing
172is covered by 20 C.F.R. part 654, subpart E, no permanent
173structural variance referred to in subsection (2) is allowed.
174     Section 4.  Subsections (1) and (6) of section 381.0087,
175Florida Statutes, are amended, and subsection (9) is added to
176said section, to read:
177     381.0087  Enforcement; citations.--
178     (1)  Department personnel or crew chief compliance officers
179employed by the Bureau of Compliance of the Florida Department
180of Labor and Employment Security may issue citations that
181contain an order of correction or an order to pay a fine, or
182both, for violations of ss. 381.008-381.00895 or the field
183sanitation facility rules adopted by the department when a
184violation of those sections or rules is enforceable by an
185administrative or civil remedy, or when a violation of those
186sections or rules is a misdemeanor of the second degree. A
187citation issued under this section constitutes a notice of
188proposed agency action. The recipient of a citation for a major
189deficiency, as defined by rule of the department, will be given
190a maximum of 48 hours to make satisfactory correction or
191demonstrate that provisions for correction are satisfactory.
192     (6)  Any person who willfully refuses to sign and accept a
193citation issued by the department commits or the Department of
194Labor and Employment Security is guilty of a misdemeanor of the
195second degree, punishable as provided in s. 775.082 or s.
196775.083.
197     (9)  When the department suspects that a law has been
198violated, it shall notify the entity that enforces the law.
199     Section 5.  Subsection (1) of section 403.088, Florida
200Statutes, is amended to read:
201     403.088  Water pollution operation permits; conditions.--
202     (1)  No person, without written authorization of the
203department, shall discharge into waters within the state any
204waste which, by itself or in combination with the wastes of
205other sources, reduces the quality of the receiving waters below
206the classification established for them. However, this section
207shall not be deemed to prohibit the application of pesticides to
208waters in the state for the control of insects, aquatic weeds,
209or algae, provided the application is performed pursuant to a
210program approved by the Department of Health, in the case of
211insect control, or the department, in the case of aquatic weed
212or algae control. The department is directed to enter into
213interagency agreements to establish the procedures for program
214approval. Such agreements shall provide for public health,
215welfare, and safety, as well as environmental factors. Approved
216programs must provide that only chemicals approved for the
217particular use by the United States Environmental Protection
218Agency or by the Department of Agriculture and Consumer Services
219may be employed and that they be applied in accordance with
220registered label instructions, state standards for such
221application, and the provisions of the Florida Pesticide Law,
222part I of chapter 487.
223     Section 6.  Subsection (1) of section 450.191, Florida
224Statutes, is amended to read:
225     450.191  Executive Office of the Governor; powers and
226duties.--
227     (1)  The Executive Office of the Governor is authorized and
228directed to:
229     (a)  Advise and consult with employers of migrant and
230seasonal workers and their employers as to the ways and means of
231improving living and working conditions of migrant and seasonal
232workers.;
233     (b)  Cooperate with the Department of Health in
234establishing minimum standards of preventive and curative health
235and of housing and sanitation in migrant labor camps and in
236making surveys to determine the adequacy of preventive and
237curative health services available to occupants of migrant labor
238camps.;
239     (c)  Provide coordination for the enforcement of ss.
240381.008-381.0088 and ss. 450.27-450.38.;
241     (d)  Cooperate with the Department of Business and
242Professional Regulation other departments of government in
243coordinating and enforcing all applicable labor laws, including,
244but not limited to, those relating to private employment
245agencies, child labor, wage payments, wage claims, and farm
246labor contractors. crew leaders;
247     (e)  Cooperate with the Department of Education to provide
248educational facilities for the children of migrant laborers.;
249     (f)  Cooperate with the Department of Highway Safety and
250Motor Vehicles to establish minimum standards for the
251transporting of migrant laborers.;
252     (g)  Cooperate with the Department of Agriculture and
253Consumer Services to conduct an education program for employers
254of migrant laborers pertaining to the standards, methods, and
255objectives of the office.;
256     (h)  Cooperate with the Department of Children and Family
257Services in coordinating all public assistance programs as they
258may apply to migrant laborers.;
259     (i)  Coordinate all federal, state, and local programs
260pertaining to migrant laborers.;
261     (j)  Cooperate with the Agency for Workforce Innovation
262farm labor office of the Department of Business and Professional
263Regulation in the recruitment and referral of migrant laborers
264and other persons for the planting, cultivation, and harvesting
265of agricultural crops in Florida.
266     (2)  The office shall arrange, through the Department of
267Health, for the provision of the supplementary services set
268forth in paragraph (1)(b) to the extent of available
269appropriations. Such services may be provided through the use of
270one or more traveling dispensaries, or by contract with
271physicians, dentists, hospitals, or clinics, or in such manner
272as may be recommended by the Department of Health.
273     Section 7.  Section 450.201, Florida Statutes, is amended
274to read:
275     450.201  Legislative Commission on Migrant and Seasonal
276Labor; membership; filling vacancies.--
277     (1)  There is created a permanent joint committee of the
278Florida Legislature to be known as the Legislative Commission on
279Migrant and Seasonal Labor, to be composed of three members of
280the Senate, appointed by the President of the Senate, and three
281members of the House of Representatives, appointed by the
282Speaker of the House. One member from each house shall be a
283member of the minority party. Any vacancy in the commission
284shall be filled by the respective presiding officer from the
285membership of the legislative body from which the vacancy
286occurred. However, a member who ceases to be a member of the
287legislative body from which appointed shall continue to be a
288member of the commission until the next succeeding regular
289session of the Legislature, at which the commission shall render
290its report to the Legislature.
291     (2)  Appointments shall be made no later than March 1,
2922005.
293     (3)  The first meeting of the commission shall be no later
294than July 1, 2005.
295     Section 8.  Section 450.231, Florida Statutes, is amended
296to read:
297     450.231  Annual reports to Legislature.--The commission
298shall report its findings, recommendations, and proposed
299legislation to each regular session of the Legislature no later
300than February 1 of each year beginning in 2006.
301     Section 9.  Section 450.27, Florida Statutes, is amended to
302read:
303     450.27  Short title.--This part shall be known by the
304popular name may be cited as the "Farm Labor Contractor
305Registration Law."
306     Section 10.  Section 450.271, Florida Statutes, is amended
307to read:
308     450.271  State administration of the Migrant and Seasonal
309Agricultural Worker Protection Act.--The Department of Business
310and Professional Regulation Labor and Employment Security may
311enter into agreements with the Secretary of Labor of the United
312States to authorize the department to administer within the
313State of Florida the provisions of the Migrant and Seasonal
314Agricultural Worker Protection Act of 1983, as amended.
315     Section 11.  Subsections (5) and (6) are added to section
316450.28, Florida Statutes, to read:
317     450.28  Definitions.--
318     (5)  "Minor violation" means a violation of a specific
319state or federal law or rule that does not result in economic or
320physical harm to any person recruited, transported, supplied, or
321hired by a farm labor contractor or create a significant threat
322of such harm.
323     (6)  "Major violation" means a violation of a specific
324state or federal law or rule that results in economic or
325physical harm to any person recruited, transported, supplied, or
326hired by a farm labor contractor or creates a significant threat
327of such harm.
328     Section 12.  Subsections (6) and (7) of section 450.30,
329Florida Statutes, are amended to read:
330     450.30  Requirement of certificate of registration;
331education and examination program.--
332     (6)  The department shall require an applicant for renewal
333of a certificate of registration to retake the examination only
334if:
335     (a)  During the prior certification period, the department
336issued a final order assessing a civil monetary penalty for a
337major violation of this part or revoked or refused to renew or
338issue a certificate of registration; or
339     (b)  The department determines that new requirements
340related to the duties and responsibilities of a farm labor
341contractor necessitate a new examination.
342     (7)  The department shall charge each applicant a $35 fee
343for the education and examination program. Such fees shall be
344deposited in the Professional Regulation Crew Chief Registration
345Trust Fund.
346     Section 13.  Subsections (1) and (2) of section 450.31,
347Florida Statutes, are amended, and subsections (5) and (6) are
348added to said section, to read:
349     450.31  Issuance, revocation, and suspension of, and
350refusal to issue or renew, certificate of registration.--
351     (1)  The department shall not issue to any person a
352certificate of registration as a farm labor contractor, nor
353shall it renew such certificate, until:
354     (a)  Such person has executed a written application
355therefor in a form and pursuant to regulations prescribed by the
356department and has submitted such information as the department
357may prescribe.
358     (b)  Such person has obtained and holds a valid federal
359certificate of registration as a farm labor contractor, or a
360farm labor contractor employee, unless exempt by federal law.
361     (c)  Such person pays to the department, by cashier's check
362in cash, certified check, or money order, a nonrefundable
363application fee of $125 $75. Fees collected by the department
364under this subsection shall be deposited in the State Treasury
365into the Professional Regulation Crew Chief Registration Trust
366Fund, which is hereby created, and shall be used utilized for
367administration of this part.
368     (d)  Such person has successfully taken and passed the farm
369labor contractor examination.
370     (e)  Such person has designated an agent to receive service
371of process and other official or legal documents. The agent must
372be available during regular business hours, Monday through
373Friday, to accept service on behalf of the farm labor
374contractor.
375     (2)  The department may revoke, suspend, or refuse to issue
376or renew any certificate of registration when it is shown that
377the farm labor contractor has:
378     (a)  Violated or failed to comply with any provision of
379this part or the rules adopted pursuant to this part; s. 450.36.
380     (b)  Made any misrepresentation or false statement in his
381or her application for a certificate of registration;.
382     (c)  Given false or misleading information concerning
383terms, conditions, or existence of employment to persons who are
384recruited or hired to work on a farm;.
385     (d)  Been assessed a civil fine by the department for which
386payment is overdue;
387     (e)  Failed to pay unemployment compensation taxes as
388determined by the Agency for Workforce Innovation;
389     (f)  Been denied, or had suspended or revoked, a federal
390certificate of registration as a farm labor contractor; or
391     (g)  Failed to pay federal employee taxes as determined by
392the Internal Revenue Service.
393     (5)  The department may permanently revoke or refuse to
394issue or renew a certificate of registration if such applicant
395or certificate holder has been convicted within the preceding 5
396years of:
397     (a)  A crime under state or federal law:
398     1.  Relating to gambling, or to the sale, distribution, or
399possession of alcoholic beverages.
400     2.  Committed in connection with, or incident to, any farm
401labor contracting activities; or
402     (b)  Any felony under state or federal law involving
403robbery, bribery, extortion, embezzlement, grand larceny,
404burglary, arson, violation of narcotics laws, murder, rape,
405assault with intent to kill, assault that inflicts grievous
406bodily injury, prostitution, peonage, or smuggling or harboring
407individuals who have entered the country illegally.
408     (6)  Receipt and acceptance of a certificate of
409registration as a farm labor contractor constitutes
410unconditional permission for and acquiescence by the contractor
411to the inspection by department personnel of books, ledgers, and
412all other documents that are related to the performance of the
413contractor's farm labor activities.
414     Section 14.  Section 450.321, Florida Statutes, is created
415to read:
416     450.321  Best practices incentive program for farm labor
417contractors.--
418     (1)  To promote compliance with this part, and to help the
419public identify farm labor contractors who have demonstrated a
420firm commitment to responsible and safe labor practices, the
421department shall develop and implement a best practices
422incentive program for farm labor contractors.
423     (2)  Farm labor contractors who seek designation as a best
424practices farm labor contractor must meet the requirements set
425by the department. A farm labor contractor may not transfer or
426use without authorization a designation as a best practices farm
427labor contractor.
428     (3)  The department may enter into a partnership agreement
429with a farm labor contractor that states the responsibilities of
430each party to the agreement regarding the requirements to
431receive and maintain a best practices designation. Recipients of
432a designation as a best practices farm labor contractor may use
433this designation when soliciting business as long as the
434designation is in effect.
435     (4)  A designation as a best practices farm labor
436contractor may be revoked when the department determines that
437the recipient has failed to comply with a requirement
438established pursuant to subsection (2). When a designation is
439revoked, the prior recipient shall cease all use of the best
440practices farm labor contractor designation when soliciting
441business.
442     (5)  The grant of a designation as a best practices farm
443labor contractor is not an endorsement of the recipient by the
444department and may not be characterized as such.
445     (6)  The department may not be held liable in a civil
446action for damages resulting from the granting, denying,
447suspending, or revoking of a designation as a best practices
448farm labor contractor.
449     (7)  The department shall establish an incentive program
450for farm labor contractors who hold a valid best practices
451designation.
452     Section 15.  Subsection (10) of section 450.33, Florida
453Statutes, is amended, and subsection (11) is added to said
454section, to read:
455     450.33  Duties of farm labor contractor.--Every farm labor
456contractor must:
457     (10)  Comply with all applicable statutes, rules, and
458regulations of the United States and of the State of Florida for
459the protection or benefit of labor, including, but not limited
460to, those providing for wages, hours, fair labor standards,
461social security, workers' compensation, unemployment
462compensation, child labor, and transportation. The department
463shall not suspend or revoke a certificate of registration
464pursuant to this subsection unless:
465     (a)  A court or agency of competent jurisdiction renders a
466judgment or other final decision that a violation of one of the
467laws, rules, or regulations has occurred and, if invoked, the
468appellate process is exhausted;
469     (b)  An administrative hearing pursuant to ss. 120.569 and
470120.57 is held on the suspension or revocation and the
471administrative law judge finds that a violation of one of the
472laws, rules, or regulations has occurred and, if invoked, the
473appellate process is exhausted; or
474     (c)  The holder of a certificate of registration stipulates
475that a violation has occurred or defaults in the administrative
476proceedings brought to suspend or revoke his or her
477registration.
478     (11)  Maintain accurate daily field records for each
479employee actually paid by the farm labor contractor reflecting
480the hours worked for the farm labor contractor and, if paid by
481unit, the number of units harvested and the amount paid per
482unit.
483     Section 16.  Subsections (4) and (5) are added to section
484450.34, Florida Statutes, to read:
485     450.34  Prohibited acts of farm labor contractor.--A
486licensee may not:
487     (4)  Retaliate against any person that has filed a
488complaint or aided an investigation pursuant to this part.
489     (5)  Contract with or employ any person acting in the
490capacity of a farm labor contractor, or performing activities
491defined in s. 450.28(1), when that person does not have a
492current certificate of registration issued by the department
493pursuant to the requirements of this part.
494     Section 17.  Section 450.35, Florida Statutes, is amended
495to read:
496     450.35  Certain contracts or employment prohibited.--It is
497unlawful for any person to contract with or employ for the
498employment of farm workers with any farm labor contractor as
499defined in this act, for matters relating to farm labor, until
500the labor contractor displays to him or her a current
501certificate of registration issued by the department pursuant to
502the requirements of this part. A violation of this section is
503subject to the penalties provided for violations in s.
504450.38(1).
505     Section 18.  Section 450.37, Florida Statutes, is amended
506to read:
507     450.37  Cooperation with state and federal agencies.--The
508department shall, whenever appropriate, cooperate with any
509federal agency. The department may cooperate with and enter into
510agreements with any other state agency to administer this
511chapter or secure uniform rules.
512     Section 19.  Section 450.38, Florida Statutes, is amended
513to read:
514     450.38  Enforcement of farm labor contractor laws.--
515     (1)  Any person, firm, association, or corporation not
516excluded under s. 450.29 that commits a minor violation who
517violates any provision of this part and, upon conviction, is
518guilty of commits a misdemeanor of the second degree, is
519punishable as provided in s. 775.082 or s. 775.083.
520     (2)  Any person, firm, association, or corporation that
521commits a major violation of this part and, upon conviction, is
522guilty of a felony of the third degree, is punishable as
523provided in s. 775.082, s. 775.083, or s. 775.084.
524     (3)(2)  Any person, firm, association, or corporation that
525who, on or after June 19, 1985, commits a violation of this part
526or of any rule adopted thereunder may be assessed a civil
527penalty of not more than $2,500 $1,000 for each such violation.
528Such assessed penalties shall be paid by cashier's check in
529cash, certified check, or money order and shall be deposited
530into the General Revenue Fund. The department shall not
531institute or maintain any administrative proceeding to assess a
532civil penalty under this subsection when the violation is the
533subject of a criminal indictment or information under this
534section which results in a criminal penalty being imposed, or of
535a criminal, civil, or administrative proceeding by the United
536States government or an agency thereof which results in a
537criminal or civil penalty being imposed. The department may
538adopt rules prescribing the criteria to be used to determine the
539amount of the civil penalty and to provide notification to
540persons assessed a civil penalty under this section.
541     (4)(3)  Upon a complaint of the department being filed in
542the circuit court of the county in which the farm labor
543contractor resides or may be doing business, any farm labor
544contractor who fails to obtain a certificate of registration as
545required by this part may, in addition to such penalties, be
546enjoined from engaging in any activity which requires the farm
547labor contractor to possess a certificate of registration.
548     (5)(4)  For the purpose of any investigation or proceeding
549conducted by the department, the secretary of the department or
550the secretary's designee shall have the power to administer
551oaths, take depositions, make inspections when authorized by
552statute, issue subpoenas which shall be supported by affidavit,
553serve subpoenas and other process, and compel the attendance of
554witnesses and the production of books, papers, documents, and
555other evidence. The secretary of the department or the
556secretary's designee shall exercise this power on the
557secretary's own initiative.
558     (6)  A farm labor contractor who commits a minor violation
559of this part shall be issued a warning for the first violation.
560A civil penalty in increments of $250 may be assessed for each
561successive violation of a specific statute or rule of this part
562up to a maximum of $2,500.
563     (7)  A farm labor contractor who commits a major violation
564of a specific statute or rule of this part shall be assessed a
565civil penalty of up to $2,500 in accordance with the criteria
566established by the department pursuant to s. 450.38.
567     Section 20.  Section 450.39, Florida Statutes, is created
568to read:
569     450.39  Prohibition against required purchase; prohibition
570against excessive charges.--
571     (1)  A farm labor contractor may not require any farmworker
572to purchase goods or services solely from such farm labor
573contractor or from a person acting as an agent for such farm
574labor contractor.
575     (2)  A farm labor contractor may not charge a farmworker
576more than a reasonable cost for any commodity, including
577housing, food, water, or other consumables, in accordance with
578Title 29 C.F.R. s. 531.3. As used in this subsection, the term
579"reasonable cost" does not include a profit to the farm labor
580contractor or to any other person acting as an agent for the
581farm labor contractor.
582     Section 21.  Section 487.011, Florida Statutes, is amended
583to read:
584     487.011  Popular name Short title; administration.--This
585part shall chapter may be known by the popular name cited as the
586"Florida Pesticide Law" and shall be administered by the
587Department of Agriculture and Consumer Services.
588     Section 22.  Section 487.012, Florida Statutes, is amended
589to read:
590     487.012  Declaration of purpose.--The purpose of this part
591chapter is to regulate the distribution, sale, and use of
592pesticides, except as provided in chapters 388 and 482, and to
593protect people and the environment from the adverse effects of
594pesticides.
595     Section 23.  Section 487.021, Florida Statutes, is amended
596to read:
597     487.021  Definitions.--For the purpose of this part
598chapter:
599     (1)  "Acceptable release rate" means a measured release
600rate not exceeding 4.0 micrograms per square centimeter per day
601at steady state conditions as determined in accordance with a
602United States Environmental Protection Agency testing data call-
603in notice of July 29, 1986, on tributyltin in antifouling paints
604under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
605U.S.C. s. 136, or at a rate established by the department.
606     (2)  "Active ingredient" means:
607     (a)  In the case of a pesticide other than a plant
608regulator, defoliant, or desiccant, an ingredient which will
609prevent, destroy, repel, or mitigate insects, nematodes, fungi,
610rodents, weeds, or other pests.
611     (b)  In the case of a plant regulator, an ingredient which,
612through physiological action, will accelerate or retard the rate
613of growth or rate of maturation, or otherwise alter the
614behavior, of ornamental or crop plants or the produce thereof.
615     (c)  In the case of a defoliant, an ingredient which will
616cause the leaves or foliage to drop from a plant.
617     (d)  In the case of a desiccant, an ingredient which will
618artificially accelerate the drying of plant tissue.
619     (3)  "Added ingredient" means any plant nutrient or plant
620regulator added to the mixture which is not an active pesticidal
621ingredient, but which the manufacturer wishes to show on the
622label.
623     (4)  "Adulterated" applies to any pesticide if its strength
624or purity falls below or is in excess of the professed standard
625of quality as expressed on labeling or under which it is sold,
626if any substance has been substituted wholly or in part for the
627pesticide or if any valuable constituent of the pesticide has
628been wholly or in part abstracted.
629     (5)  "Advertisement" means all representations disseminated
630in any manner or by any means other than by labeling, for the
631purpose of inducing, or which are likely to induce, directly or
632indirectly, the purchase of pesticides.
633     (6)  "Age of majority" means any natural person 18 years of
634age or older, or an emancipated minor.
635     (7)  "Aircraft" means any machine designed for flight and
636for use in applying pesticides.
637     (8)  "Animal" means all vertebrate and invertebrate
638species, including, but not limited to, humans and other
639mammals, birds, fish, and shellfish.
640     (9)  "Antidote" means the most practical immediate
641treatment for poisoning and includes first aid treatment.
642     (10)  "Antifouling paint" means a coating, paint, or
643treatment that is intended for use as a pesticide, as defined in
644this section, to control freshwater or marine fouling organisms.
645     (11)  "Antisiphon device" means a safety device used to
646prevent the backflow of a mixture of water and chemicals into
647the water supply.
648     (12)  "Batch" or "lot" means a quantity of pesticide
649produced or packaged and readily identified by numbers, letters,
650or other symbols.
651     (13)  "Brand" means the name, number, trademark, or any
652other designation which distinguishes one pesticide product from
653another.
654     (14)  "Certification" means the recognition by the
655department that an individual is a competent pesticide
656applicator and, thus, is eligible for licensure in one or more
657of the designated license types and categories.
658     (15)  "Certified applicator" means any individual who has
659been recognized by the department as a competent pesticide
660applicator and, thus, is eligible to apply for licensure in one
661or more of the designated license types and categories.
662     (16)  "Commercial applicator" means an individual who has
663reached the age of majority and is licensed by the department to
664use or supervise the use of any restricted-use pesticide for any
665purpose on any property other than as provided by the
666definitions of "private applicator," "product specific
667applicator," or "public applicator," whether or not the
668individual is a private applicator with respect to some uses.
669     (17)  "Dealer" means any person, other than the
670manufacturer or distributor, who offers for sale, sells,
671barters, or otherwise supplies pesticides to the ultimate user
672or consumer.
673     (18)  "Deficiency" means the amount of an active ingredient
674of a pesticide by which it fails to come up to its guaranteed
675analysis when analyzed.
676     (19)  "Defoliant" means any substance or mixture of
677substances intended for causing the leaves or foliage to drop
678from a plant, with or without causing abscission.
679     (20)  "Department" means the Department of Agriculture and
680Consumer Services or its authorized representative.
681     (21)  "Desiccant" means any substance or mixture of
682substances intended for artificially accelerating the drying of
683plant tissues.
684     (22)  "Device" means any instrument or contrivance (other
685than a firearm) which is intended for trapping, destroying,
686repelling, or mitigating, any pest or other form of plant or
687animal life (other than human and other than bacteria, virus, or
688other microorganism on or in living humans or other living
689animals); but not including equipment used for the application
690of pesticides when sold separately.
691     (23)  "Distribute" means to offer for sale, hold for sale,
692sell, barter, or supply pesticides in this state.
693     (24)  "Distributor" means any person who offers for sale,
694holds for sale, sells, barters, or supplies pesticides in this
695state.
696     (25)  "Emergency exemption" means an exemption as
697authorized in s. 18 of the Federal Insecticide, Fungicide, and
698Rodenticide Act.
699     (26)  "Environment" means all water, air, land, plants, and
700animals, and their relationships with one another.
701     (27)  "Equipment" means any type of ground, aquatic, or
702aerial device used to apply any pesticide on land, and on
703anything that may be growing, habituating, or stored on or in
704the land. Equipment does not include any pressurized hand-size
705household device used to apply any pesticide, or any other
706device where the person applying the pesticide is the source of
707power for applying the pesticide.
708     (28)  "Excess" means the amount of an active ingredient of
709a pesticide found by analysis to be over the guaranteed amount.
710     (29)  "Experimental use permit" means a permit issued by
711the department or by the United States Environmental Protection
712Agency as authorized in s. 5 of the Federal Insecticide,
713Fungicide, and Rodenticide Act.
714     (30)  "Fungi" means all non-chlorophyll-bearing
715thallophytes (that is, all non-chlorophyll-bearing plants of a
716lower order than mosses and liverworts), as, for example, rusts,
717smuts, mildews, molds, yeasts, and bacteria, except those on or
718in living humans or other animals.
719     (31)  "Highly toxic" means any highly poisonous pesticide
720as determined by the rules promulgated pursuant to this part
721chapter.
722     (32)  "Imminent hazard" means a situation which exists when
723the continued use of a pesticide during the time required for
724cancellation proceedings would be likely to result in
725unreasonable adverse effects on the environment or will involve
726unreasonable hazard to the survival of a species declared
727endangered.
728     (33)  "Ineffective" means that pesticides such as
729bacteriostats, disinfectants, germicides, sanitizers, and like
730products fail to meet microbiological claims when tested in the
731laboratory utilizing the officially approved procedures of the
732Association of Official Analytical Chemists or other methods or
733procedures as the department may find necessary.
734     (34)  "Inert ingredient" means an ingredient which is not
735an active ingredient.
736     (35)  "Ingredient statement" means a statement of the name
737and percentage by weight of each active ingredient, together
738with the total percentage of the inert ingredients in the
739pesticides.
740     (36)  "Insect" means any of the numerous small invertebrate
741animals generally having the body more or less obviously
742segmented, for the most part belonging to the class Insecta,
743comprising six legs, usually in winged form (as, for example,
744beetles, bugs, bees, and flies) and to other allied classes and
745arthropods whose members are wingless and usually have more than
746six legs (as, for example, spiders, mites, ticks, centipedes,
747and wood lice).
748     (37)  "Irrigation system" means any device or combination
749of devices having a hose, pipe, or other conduit which connects
750directly to any source of ground or surface water, through which
751device or combination of devices water or a mixture of water and
752chemicals is drawn and applied for agricultural purposes. The
753term does not include any handheld hose sprayer or other similar
754device which is constructed so that an interruption in water
755flow automatically prevents any backflow to the water source.
756     (38)  "Label" means the written, printed, or graphic matter
757on or attached to a pesticide, device, or immediate and outside
758container or wrappers of such pesticide or device.
759     (39)  "Labeling" means all labels and other written,
760printed, or graphic matter referencing the pesticide or device
761or upon any of its containers or wrappers, or accompanying the
762pesticide or device at any time, but does not include accurate,
763nonmisleading reference to current official publications of the
764United States Departments of Agriculture or Interior, the
765Environmental Protection Agency, the United States Public Health
766Service, state experiment stations, state agricultural colleges,
767or other similar federal institutions or official agencies of
768this state or other states authorized by law to conduct research
769in the field of pesticides.
770     (40)  "Land" means all land and water areas, including
771airspace.
772     (41)  "Licensed applicator" means an individual who has
773reached the age of majority and is authorized by license from
774the department to use or supervise the use of any restricted-use
775pesticide covered by the license.
776     (42)  "Manufacturer" means a person engaged in the business
777of importing, producing, preparing, mixing, formulating, or
778reformulating pesticides for the purpose of distribution.
779     (43)  "Mixer-loader" means any individual who handles open
780containers or otherwise prepares, processes, or dilutes
781pesticides in preparation for final application.
782     (44)  "Nematode" means invertebrate animals of the phylum
783Nemathelminthes and class Nematoda (that is, unsegmented round
784worms with elongated, fusiform, or saclike bodies covered with
785cuticle and inhabiting soil, water, plants, or plant parts), and
786may also be known as nemas or eelworms.
787     (45)  "Official sample" means any sample of a pesticide
788taken by the department in accordance with the provisions of
789this part chapter or rules adopted under this part chapter, and
790designated as official by the department.
791     (46)  "Organotin compound" means any compound of tin used
792as a biocide in an antifouling paint.
793     (47)  "Percent" means one one-hundredth part by weight or
794volume.
795     (48)  "Pest" means:
796     (a)  Any insect, rodent, nematode, fungus, weed; or
797     (b)  Any other form of terrestrial or aquatic plant or
798animal life or virus, bacteria, or other microorganism, except
799viruses, bacteria, or other microorganisms on or in living
800humans or other living animals, which is declared to be a pest
801by the administrator of the United States Environmental
802Protection Agency or which may be declared to be a pest by the
803department by rule.
804     (49)  "Pesticide" means any substance or mixture of
805substances intended for preventing, destroying, repelling, or
806mitigating any insects, rodents, nematodes, fungi, weeds, or
807other forms of plant or animal life or viruses, except viruses,
808bacteria, or fungi on or in living humans or other animals,
809which the department by rule declares to be a pest, and any
810substance or mixture of substances intended for use as a plant
811regulator, defoliant, or desiccant; however, the term
812"pesticide" does not include any article that:
813     (a)  Is a "new animal drug" within the meaning of s. 201(w)
814of the Federal Food, Drug, and Cosmetic Act;
815     (b)  Has been determined by the Secretary of the United
816States Department of Health and Human Services not to be a new
817animal drug by a regulation establishing conditions of use for
818the article; or
819     (c)  Is an animal feed within the meaning of s. 201(x) of
820the Federal Food, Drug, and Cosmetic Act bearing or containing
821an article covered in this subsection.
822     (50)  "Plant nutrient" means any ingredient that furnishes
823nourishment to the plant or promotes its growth in a normal
824manner.
825     (51)  "Plant regulator" means any substance or mixture of
826substances intended, through physiological action, for
827accelerating or retarding the rate of growth or maturation, or
828for otherwise altering the behavior, of ornamental or crop
829plants or the produce thereof; but does not include substances
830intended as plant nutrients, trace elements, nutritional
831chemicals, plant inoculants, or soil amendments.
832     (52)  "Private applicator" means an individual who has
833reached the age of majority and is licensed by the department to
834use or supervise the use of any restricted-use pesticide for
835purposes of producing any agricultural commodity on property
836owned or rented by his or her employer, or, if applied without
837compensation other than the trading of personal services between
838producers of agricultural commodities, on the property of
839another person.
840     (53)  "Product" means a unique pesticide and label as
841distinguished by its individually assigned United States
842Environmental Protection Agency registration number, special
843local need registration number, or experimental use permit
844number.
845     (54)  "Protect health and the environment" means protection
846against any unreasonable adverse effects on people or the
847environment.
848     (55)  "Public applicator" means an individual who has
849reached the age of majority and is licensed by the department to
850use or supervise the use of restricted-use pesticides as an
851employee of a state agency, municipal corporation, or other
852governmental agency.
853     (56)  "Product specific applicator" means an individual who
854has reached the age of majority and is licensed by the
855department to use or supervise the use of a particular
856restricted-use pesticide product that is identified on the
857license by the United States Environmental Protection Agency
858registration number, as well as any Florida special local need
859registration number and any specific identifying information as
860deemed appropriate for nonfederally registered products exempt
861under s. 18 of the Federal Insecticide, Fungicide, and
862Rodenticide Act, provided that the restricted-use pesticide
863product is used for the purpose of producing agricultural
864commodities on property owned or rented by the licensee or the
865licensee's employer, or is applied on the property of another
866person without compensation other than trading of personal
867services between producers of agricultural commodities.
868     (57)  "Registrant" means the person registering any
869pesticide pursuant to the provisions of this part chapter.
870     (58)  "Restricted-use pesticide" means a pesticide which,
871when applied in accordance with its directions for use,
872warnings, and cautions and for uses for which it is registered
873or for one or more such uses, or in accordance with a widespread
874and commonly recognized practice, may generally cause, without
875additional regulatory restrictions, unreasonable adverse effects
876on the environment, or injury to the applicator or other
877persons, and which has been classified as a restricted-use
878pesticide by the department or the administrator of the United
879States Environmental Protection Agency.
880     (59)  "Sell or sale" includes exchanges.
881     (60)  "Special local need registration" means a state
882registration issued by the department as authorized in s. 24(c)
883of the Federal Insecticide, Fungicide, and Rodenticide Act.
884     (61)  "Special review" is a process for reviewing selected
885pesticides based upon information that the pesticides have been
886found to present environmental or health concerns not considered
887in the registration process or that data submitted in support of
888registration are inadequate or outdated.
889     (62)  "Tolerance" means the deviation from the guaranteed
890analysis permitted by law.
891     (63)  "Transportation of pesticides in bulk" means the
892movement of a pesticide which is held in an individual container
893in undivided quantities of greater than 55 U.S. gallons liquid
894measure or 100 pounds net dry weight.
895     (64)  "Under the direct supervision of a licensed
896applicator" means, unless otherwise prescribed by its labeling,
897a pesticide that must be applied by a competent person acting
898under the instruction and control of a licensed applicator who
899is available if and when needed, even though the licensed
900applicator is not physically present when the pesticide is
901applied.
902     (65)  "Unreasonable adverse effects on the environment"
903means any unreasonable risk to humans or the environment, taking
904into account the economic, social, and environmental costs and
905benefits of the use of any pesticide.
906     (66)  "Vessel" means any type of watercraft or other
907artificial contrivance used, or capable of being used, as a
908means of transportation on water.
909     (67)  "Weed" means any plant which grows where not wanted.
910     Section 24.  Subsection (2) of section 487.025, Florida
911Statutes, is amended to read:
912     487.025  Misbranding.--
913     (2)  A pesticide is misbranded if:
914     (a)  It is an imitation of, or is offered for sale under
915the name of, another pesticide.
916     (b)  Its labeling bears any reference to registration under
917this part chapter.
918     (c)  The labeling accompanying it does not contain
919instructions for use which are necessary and, if complied with,
920adequate for the protection of the public.
921     (d)  The label does not contain a warning or caution
922statement which may be necessary and, if complied with, adequate
923to prevent injury to living humans and other vertebrate animals.
924     (e)  The label does not bear an ingredient statement on
925that part of the immediate container, and on the outside
926container or wrapper, if there is one, through which the
927ingredient statement on the immediate container cannot be
928clearly read, of the retail package which is presented or
929displayed under customary conditions of purchase.
930     (f)  Any word, statement, or other information required by
931or under authority of this part chapter to appear on the
932labeling is not prominently placed thereon with such
933conspicuousness, as compared with other words, statements,
934designs, or graphic matter in the labeling, and in such terms as
935to render it likely to be read and understood by the ordinary
936individual under customary conditions of purchase and use.
937     (g)  It is injurious to living humans or other vertebrate
938animals or vegetation, except weeds, to which it is applied, or
939to the person applying such pesticide as directed or in
940accordance with commonly recognized practice.
941     (h)  In the case of a plant regulator, defoliant, or
942desiccant, when used as directed, it is injurious to living
943humans or other vertebrate animals, or vegetation, to which it
944is applied, or to the person applying such pesticide. However,
945physical or physiological effects on plants or parts thereof
946shall not be deemed to be injury when this is the purpose for
947which the plant regulator, defoliant, or desiccant was applied
948in accordance with the label claims and recommendations.
949     (i)  Any ingredient which is present in amounts which are
950not likely to be effective when used according to directions is
951given undue prominence or conspicuousness, as compared with
952ingredients which are present in effective amounts, in its
953labeling. Such ingredient shall appear only in the ingredient
954statement.
955     (j)  It is found to be ineffective when tested in the
956laboratory.
957     (k)  It is found by the department to be of short measure.
958     Section 25.  Subsections (2), (4), (5), and (13) of section
959487.031, Florida Statutes, are amended to read:
960     487.031  Prohibited acts.--It is unlawful:
961     (2)  To distribute, sell, or offer for sale within this
962state any pesticide or product which has not been registered
963pursuant to the provisions of this part chapter, except
964pesticides distributed, sold, offered for sale, or used in
965accordance with the provisions of federal or state restriction,
966supervision, or cancellation orders or other existing stock
967agreements.
968     (4)  To detach, alter, deface, or destroy, in whole or in
969part, any label or labeling provided for in this part chapter or
970rules promulgated under this part chapter, or to add any
971substance to, or take any substance from, any pesticide in a
972manner that may defeat the purpose of this part chapter.
973     (5)  For any person to use for his or her own advantage or
974to reveal any information relative to formulas of products
975acquired by authority of this part chapter, other than to: the
976department, proper officials, or employees of the state; the
977courts of this state in response to a subpoena; physicians,
978pharmacists, and other qualified persons, in an emergency, for
979use in the preparation of antidotes. The information relative to
980formulas of products is confidential and exempt from the
981provisions of s. 119.07(1).
982     (13)  For any person to:
983     (a)  Make a false or fraudulent claim through any medium,
984misrepresenting the effect of materials or methods used;
985     (b)  Make a pesticide recommendation or application not in
986accordance with the label, except as provided in this section,
987or not in accordance with recommendations of the United States
988Environmental Protection Agency or not in accordance with the
989specifications of a special local need registration;
990     (c)  Operate faulty or unsafe equipment;
991     (d)  Operate in a faulty, careless, or negligent manner;
992     (e)  Apply any pesticide directly to, or in any manner
993cause any pesticide to drift onto, any person or area not
994intended to receive the pesticide;
995     (f)  Fail to disclose to an agricultural crop grower, prior
996to the time pesticides are applied to a crop, full information
997regarding the possible harmful effects to human beings or
998animals and the earliest safe time for workers or animals to
999reenter the treated field;
1000     (g)  Refuse or, after notice, neglect to comply with the
1001provisions of this part chapter, the rules adopted under this
1002part chapter, or any lawful order of the department;
1003     (h)  Refuse or neglect to keep and maintain the records
1004required by this part chapter or to submit reports when and as
1005required;
1006     (i)  Make false or fraudulent records, invoices, or
1007reports;
1008     (j)  Use fraud or misrepresentation in making an
1009application for a license or license renewal;
1010     (k)  Refuse or neglect to comply with any limitations or
1011restrictions on or in a duly issued license;
1012     (l)  Aid or abet a licensed or unlicensed person to evade
1013the provisions of this part chapter, or combine or conspire with
1014a licensed or unlicensed person to evade the provisions of this
1015part chapter, or allow a license to be used by an unlicensed
1016person;
1017     (m)  Make false or misleading statements during or after an
1018inspection concerning any infestation or infection of pests
1019found on land;
1020     (n)  Make false or misleading statements, or fail to
1021report, pursuant to this part chapter, any suspected or known
1022damage to property or illness or injury to persons caused by the
1023application of pesticides;
1024     (o)  Impersonate any state, county, or city inspector or
1025official;
1026     (p)  Fail to maintain a current liability insurance policy
1027or surety bond as provided for in this part chapter;
1028     (q)  Fail to adequately train, as provided for in this part
1029chapter, unlicensed applicators or mixer-loaders applying
1030restricted-use pesticides under the direct supervision of a
1031licensed applicator; or
1032     (r)  Fail to provide authorized representatives of the
1033department with records required by this part chapter or with
1034free access for inspection and sampling of any pesticide, areas
1035treated with or impacted by these materials, and equipment used
1036in their application.
1037     Section 26.  Subsections (2), (3), and (8) of section
1038487.041, Florida Statutes, are amended to read:
1039     487.041  Registration.--
1040     (2)  For the purpose of defraying expenses of the
1041department in connection with carrying out the provisions of
1042this part chapter, each person shall pay an annual registration
1043fee of $250 for each registered pesticide. The annual
1044registration fee for each special local need label and
1045experimental use permit shall be $100. All registrations expire
1046on December 31 of each year. Nothing in this section shall be
1047construed as applying to distributors or retail dealers selling
1048pesticides when such pesticides are registered by another
1049person.
1050     (3)  The department shall adopt rules governing the
1051procedures for pesticide registration and for the review of data
1052submitted by an applicant for registration of a pesticide. The
1053department shall determine whether a pesticide should be
1054registered, registered with conditions, or tested under field
1055conditions in this state. The department shall determine that
1056all requests for pesticide registrations meet the requirements
1057of current state and federal law. The department, whenever it
1058deems it necessary in the administration of this part chapter,
1059may require the manufacturer or registrant to submit the
1060complete formula, quantities shipped into or manufactured in the
1061state for distribution and sale, evidence of the efficacy and
1062the safety of any pesticide, and other relevant data. The
1063department may review and evaluate a registered pesticide if new
1064information is made available which indicates that use of the
1065pesticide has caused an unreasonable adverse effect on public
1066health or the environment. Such review shall be conducted upon
1067the request of the secretary of the Department of Health in the
1068event of an unreasonable adverse effect on public health or the
1069secretary of the Department of Environmental Protection in the
1070event of an unreasonable adverse effect on the environment. Such
1071review may result in modifications, revocation, cancellation, or
1072suspension of a pesticide registration. The department, for
1073reasons of adulteration, misbranding, or other good cause, may
1074refuse or revoke the registration of any pesticide, after notice
1075to the applicant or registrant giving the reason for the
1076decision. The applicant may then request a hearing, pursuant to
1077chapter 120, on the intention of the department to refuse or
1078revoke registration, and, upon his or her failure to do so, the
1079refusal or revocation shall become final without further
1080procedure. In no event shall registration of a pesticide be
1081construed as a defense for the commission of any offense
1082prohibited under this part chapter.
1083     (8)  Nothing in this section affects the authority of the
1084department to administer the pesticide registration program
1085under this part chapter or the authority of the Commissioner of
1086Agriculture to approve the registration of a pesticide.
1087     Section 27.  Section 487.0435, Florida Statutes, is amended
1088to read:
1089     487.0435  License classification.--The department shall
1090issue certified applicator licenses in the following
1091classifications: certified public applicator; certified private
1092applicator; and certified commercial applicator. In addition,
1093separate classifications and subclassifications may be specified
1094by the department in rule as deemed necessary to carry out the
1095provisions of this part chapter. Each classification shall be
1096subject to requirements or testing procedures to be set forth by
1097rule of the department and shall be restricted to the activities
1098within the scope of the respective classification as established
1099in statute or by rule. In specifying classifications, the
1100department may consider, but is not limited to, the following:
1101     (1)  Whether the license sought is for commercial, public,
1102or private applicator status.
1103     (2)  The method of applying the restricted-use pesticide.
1104     (3)  The specific crops upon which restricted-use
1105pesticides are applied.
1106     (4)  The proximity of populated areas to the land upon
1107which restricted-use pesticides are applied.
1108     (5)  The acreage under the control of the licensee.
1109     (6)  The pounds of technical restricted toxicant applied
1110per acre per year by the licensee.
1111     Section 28.  Section 487.045, Florida Statutes, is amended
1112to read:
1113     487.045  Fees.--
1114     (1)  The department shall establish applicable fees by
1115rule. The fees shall not exceed $250 for commercial applicators
1116or $100 for private applicators and public applicators, for
1117initial licensing and for each subsequent license renewal. The
1118fees shall be determined annually and shall represent department
1119costs associated with enforcement of the provisions of this part
1120chapter.
1121     (2)  Fees collected under the provisions of this part
1122chapter shall be deposited into the General Inspection Trust
1123Fund and shall be used to defray expenses in the administration
1124of this part chapter.
1125     Section 29.  Subsection (2) of section 487.046, Florida
1126Statutes, is amended to read:
1127     487.046  Application; licensure.--
1128     (2)  If the department finds the applicant qualified in the
1129classification for which the applicant has applied, and if the
1130applicant applying for a license to engage in aerial application
1131of pesticides has met all of the requirements of the Federal
1132Aviation Agency and the Department of Transportation of this
1133state to operate the equipment described in the application and
1134has shown proof of liability insurance or posted a surety bond
1135in an amount to be set forth by rule of the department, the
1136department shall issue a certified applicator's license, limited
1137to the classifications for which the applicant is qualified. The
1138license shall expire as required by rules promulgated under this
1139part chapter, unless it has been revoked or suspended by the
1140department prior to expiration, for cause as provided in this
1141part chapter. The license or authorization card issued by the
1142department verifying licensure shall be kept on the person of
1143the licensee while performing work as a licensed applicator.
1144     Section 30.  Section 487.047, Florida Statutes, is amended
1145to read:
1146     487.047  Nonresident license; reciprocal agreement;
1147authorized purchase.--
1148     (1)  The department may waive all or part of the
1149examination requirements provided for in this part chapter on a
1150reciprocal basis with any other state or agency, or an Indian
1151tribe, that has substantially the same or better standards.
1152     (2)  Any nonresident applying for a license under this part
1153chapter to operate in the state shall file a Designation of
1154Registered Agent naming the Secretary of State as the agent of
1155the nonresident, upon whom process may be served in the event of
1156any suit against the nonresident. The designation shall be
1157prepared on a form provided by the department and shall render
1158effective the jurisdiction of the courts of this state over the
1159nonresident applicant. However, any nonresident who has a duly
1160appointed registered agent upon whom process may be served as
1161provided by law shall not be required to designate the Secretary
1162of State as registered agent. The Secretary of State shall be
1163allowed the registered-agent fees as provided by law for
1164designating registered agents. The department shall be furnished
1165with a copy of the designation of the Secretary of State or of a
1166registered agent which is certified by the Secretary of State.
1167The Secretary of State shall notify the department of any
1168service of process it receives as registered agent for persons
1169licensed under this part chapter.
1170     (3)  Restricted-use pesticides may be purchased by any
1171person who holds a valid applicator's license or who holds a
1172valid purchase authorization card issued by the department or by
1173a licensee under chapter 482 or chapter 388. A nonlicensed
1174person may apply restricted-use pesticides under the direct
1175supervision of a licensed applicator. An applicator's license
1176shall be issued by the department on a form supplied by it in
1177accordance with the requirements of this part chapter.
1178     Section 31.  Subsection (1) of section 487.049, Florida
1179Statutes, is amended to read:
1180     487.049  Renewal; late fee; recertification.--
1181     (1)  The department shall require renewal of a certified
1182applicator's license at 4-year intervals from the date of
1183issuance. If the application for renewal of any license provided
1184for in this part chapter is not filed on time, a late fee shall
1185be assessed not to exceed $50. However, the penalty shall not
1186apply if the renewal application is filed within 60 days after
1187the renewal date, provided the applicant furnishes an affidavit
1188certifying that he or she has not engaged in business subsequent
1189to the expiration of the license for a period not exceeding 60
1190days. A license may be renewed without taking another
1191examination unless the department determines that new knowledge
1192related to the classification for which the applicant has
1193applied makes a new examination necessary; however, the
1194department may require the applicant to provide evidence of
1195continued competency, as determined by rule. If the license is
1196not renewed within 60 days after of the expiration date, then
1197the licensee may again be required to take another examination,
1198unless there is some unavoidable circumstance which results in
1199the delay of the renewal of any license issued under this part
1200chapter which was not under the applicant's control.
1201     Section 32.  Paragraph (b) of subsection (1) and subsection
1202(2) of section 487.051, Florida Statutes, are amended to read:
1203     487.051  Administration; rules; procedure.--
1204     (1)  The department may by rule:
1205     (b)  Establish procedures for the taking and handling of
1206samples and establish tolerances and deficiencies where not
1207specifically provided for in this part chapter; assess
1208penalties; and prohibit the sale or use of pesticides or devices
1209shown to be detrimental to human beings, the environment, or
1210agriculture or to be otherwise of questionable value.
1211     (2)  The department is authorized to adopt by rule the
1212primary standards established by the United States Environmental
1213Protection Agency with respect to pesticides. If the provisions
1214of this part chapter are preempted in part by federal law, those
1215provisions not preempted shall apply. This part chapter is
1216intended as comprehensive and exclusive regulation of pesticides
1217in this state. Except as provided in chapters 373, 376, 388,
1218403, and 482, or as otherwise provided by law, no agency,
1219commission, department, county, municipality, or other political
1220subdivision of the state may adopt laws, regulations, rules, or
1221policies pertaining to pesticides, including their registration,
1222packaging, labeling, distribution, sale, or use, except that
1223local jurisdictions may adopt or enforce an ordinance pertaining
1224to pesticides if that ordinance is in the area of occupational
1225license taxes, building and zoning regulations, disposal or
1226spillage of pesticides within a water well zone, or pesticide
1227safety regulations relating to containment at the storage site.
1228     Section 33.  Subsection (4) of section 487.0615, Florida
1229Statutes, is amended to read:
1230     487.0615  Pesticide Review Council.--
1231     (4)  The council is defined as a "substantially interested
1232person" and has standing under chapter 120 in any proceeding
1233conducted by the department relating to the registration of a
1234pesticide under this part chapter. The standing of the council
1235shall in no way prevent individual members of the council from
1236exercising standing in these matters.
1237     Section 34.  Section 487.071, Florida Statutes, is amended
1238to read:
1239     487.071  Enforcement, inspection, sampling, and analysis.--
1240     (1)  The department is authorized to enter upon any public
1241or private premises or carrier where pesticides are known or
1242thought to be distributed, sold, offered for sale, held, stored,
1243or applied, during regular business hours in the performance of
1244its duties relating to pesticides and records pertaining to
1245pesticides. No person shall deny or refuse access to the
1246department when it seeks to enter upon any public or private
1247premises or carrier during business hours in performance of its
1248duties under this part chapter.
1249     (2)  The department is authorized and directed to sample,
1250test, inspect, and make analyses of pesticides sold, offered for
1251sale, distributed, or used within this state, at a time and
1252place and to such an extent as it may deem necessary, to
1253determine whether the pesticides or persons exercising control
1254over the pesticides are in compliance with the provisions of
1255this part chapter, the rules adopted under this part chapter,
1256and the provisions of the pesticide label or labeling.
1257     (3)  The official analysis shall be made from the official
1258sample. A sealed and identified sample, herein called "official
1259check sample" shall be kept until the analysis on the official
1260sample is completed. However, the registrant may obtain upon
1261request a portion of the official sample. Upon completion of the
1262analysis of the official sample, a true copy of the certificate
1263of analysis shall be mailed to the registrant of the pesticide
1264from whom the official sample was taken and also to the dealer
1265or agent, if any, and consumer, if known. If the official
1266analysis conforms with the provisions of this part chapter, the
1267official check sample may be destroyed. If the official analysis
1268does not conform with the provisions of this part chapter, the
1269rules adopted under this part chapter, and the provisions of the
1270pesticide label or labeling, the official check sample shall be
1271retained for a period of 90 days from the date of the
1272certificate of analysis of the official sample. If within that
1273time the registrant of the pesticide from whom the official
1274sample was taken makes demand for analysis by a referee chemist,
1275a portion of the official check sample sufficient for analysis
1276shall be sent to a referee chemist who is mutually acceptable to
1277the department and the registrant for analysis at the expense of
1278the registrant. Upon completion of the analysis, the referee
1279chemist shall forward to the department and to the registrant a
1280certificate of analysis bearing a proper identification mark or
1281number; and such certificate of analysis shall be verified by an
1282affidavit of the person or laboratory making the analysis. If
1283the certificate of analysis checks within 3 percent of the
1284department's analysis on each active ingredient for which
1285analysis was made, the mean average of the two analyses shall be
1286accepted as final and binding on all concerned. However, if the
1287referee's certificate of analysis shows a variation of greater
1288than 3 percent from the department's analysis in any one or more
1289of the active ingredients for which an analysis was made, upon
1290demand of either the department or the registrant from whom the
1291official sample was taken, a portion of the official check
1292sample sufficient for analysis shall be submitted to a second
1293referee chemist who is mutually acceptable to the department and
1294the registrant, at the expense of the party or parties
1295requesting the referee analysis. Upon completion of the
1296analysis, the second referee chemist shall make a certificate
1297and report as provided in this subsection for the first referee
1298chemist. The mean average of the two analyses nearest in
1299conformity shall be accepted as final and binding on all
1300concerned. If no demand is made for an analysis by a second
1301referee chemist, the department's certificate of analysis shall
1302be accepted as final and binding on all concerned.
1303     (4)  If a pesticide or device fails to comply with the
1304provisions of this part chapter with reference to the ingredient
1305statement reflecting the composition of the product, as required
1306on the registration and labeling, and the department
1307contemplates possible criminal proceedings against the person
1308responsible because of this violation, the department shall,
1309after due notice, accord the person an informal hearing or an
1310opportunity to present evidence and opinions, either orally or
1311in writing, with regard to such contemplated proceedings. If in
1312the opinion of the department the facts warrant, the department
1313may refer the facts to the state attorney for the county in
1314which the violation occurred, with a copy of the results of the
1315analysis or the examination of such article; provided that
1316nothing in this part chapter shall be construed as requiring the
1317department to report for prosecution minor violations whenever
1318it believes that the public interest will be subserved by a
1319suitable notice of warning in writing.
1320     (5)  It shall be the duty of each state attorney to whom
1321any such violation is reported to cause appropriate proceedings
1322to be instituted and prosecuted in a court of competent
1323jurisdiction without delay.
1324     (6)  The department shall, by publication in such manner as
1325it may prescribe, give notice of all judgments entered in
1326actions instituted under the authority of this part chapter.
1327     (7)(a)  The department may analyze pesticide samples upon
1328request in a manner consistent with this part chapter.
1329     (b)  The department shall establish by rule a fee schedule
1330for pesticide samples analyzed upon request. The fees shall be
1331sufficient to cover the costs to the department for taking the
1332samples and performing the analysis. However, no fee shall
1333exceed $400 per test.
1334     (c)  The department shall keep separate records with
1335respect to requested pesticide analyses, including the pesticide
1336analyzed, tests performed, fees collected, the name and address
1337of the person who requested the analysis, and the name and
1338address of the registrant.
1339     (d)  All fees collected pursuant to this subsection shall
1340be deposited into the General Inspection Trust Fund and shall be
1341used by the department to implement this subsection.
1342     (e)  In addition to any other penalty provided by this part
1343chapter, the registrant of any pesticide found to be
1344adulterated, misbranded, or otherwise deficient shall reimburse
1345the person requesting the pesticide analysis under this
1346subsection for all fees assessed by and paid to the department.
1347     Section 35.  Subsections (2), (3), and (4) of section
1348487.081, Florida Statutes, are amended to read:
1349     487.081  Exemptions.--
1350     (2)  No article shall be deemed in violation of this part
1351chapter when intended solely for export to a foreign country and
1352when prepared or packed according to the specifications or
1353directions of the purchaser.
1354     (3)  Notwithstanding any other provision of this part
1355chapter, registration required under this part chapter is not
1356required in the case of a pesticide stored or shipped from one
1357manufacturing plant within this state to another manufacturing
1358plant within this state operated by the same person.
1359     (4)  Nothing in this part chapter shall be construed to
1360apply to persons duly licensed or certified under chapter 388 or
1361chapter 482 performing any pest control or other operation for
1362which they are licensed or certified under those chapters.
1363     Section 36.  Subsection (2) of section 487.091, Florida
1364Statutes, is amended to read:
1365     487.091  Tolerances, deficiencies, and penalties.--
1366     (2)  If a pesticide is found by analysis to be deficient in
1367an active ingredient beyond the tolerance as provided in this
1368part chapter, the registrant is subject to a penalty for the
1369deficiency, not to exceed $10,000 per violation. However, no
1370penalty shall be assessed when the official sample was taken
1371from a pesticide that was in the possession of a consumer for
1372more than 45 days from the date of purchase by that consumer, or
1373when the product label specifies that the product should be used
1374by an expiration date that has passed. Procedures for assessing
1375penalties shall be established by rule, based on the degree of
1376the deficiency. Penalties assessed shall be paid to the consumer
1377or, in the absence of a known consumer, the department. If the
1378penalty is not paid within the prescribed period of time as
1379established by rule, the department may deny, suspend, or revoke
1380the registration of any pesticide.
1381     Section 37.  Section 487.101, Florida Statutes, is amended
1382to read:
1383     487.101  Stop-sale, stop-use, removal, or hold orders.--
1384     (1)  When a pesticide or device is being offered or exposed
1385for sale, used, or held in violation of any of the provisions of
1386this part chapter, the department may issue and enforce a stop-
1387sale, stop-use, removal, or hold order, in writing, to the owner
1388or custodian of the pesticide or device, ordering that the
1389pesticide or device be held at a designated place until the part
1390chapter has been complied with and the pesticide or device is
1391released, in writing, by the department or the violation has
1392been disposed of by court order.
1393     (2)  The written notice is warning to all persons,
1394including, but not limited to, the owner or custodian of the
1395pesticide or the owner's or custodian's agents or employees, to
1396scrupulously refrain from moving, bothering, altering, or
1397interfering with the pesticide or device or from altering,
1398defacing, or in any way interfering with the written notice or
1399permitting the same to be done. The willful violation of these
1400provisions is a misdemeanor, subjecting the violator to the
1401penalty provisions of this part chapter.
1402     (3)  The department shall release the pesticide or device
1403under a stop-sale, stop-use, removal, or hold order when the
1404owner or custodian complies with the provisions of this part
1405chapter.
1406     (4)  The owner or custodian, with authorization and
1407supervision of the department, may relabel the pesticide or
1408device so that the label will conform to the product, or
1409transfer and return the product to the manufacturer or supplier
1410for the purpose of bringing the product in compliance with the
1411provisions of this part chapter.
1412     Section 38.  Subsection (1) of section 487.111, Florida
1413Statutes, is amended to read:
1414     487.111  Seizure, condemnation, and sale.--
1415     (1)  Any lot of pesticide or device not in compliance with
1416the provisions of this part chapter is subject to seizure on
1417complaint of the department to the circuit court in the county
1418in which the pesticide or device is located. In the event the
1419court finds the pesticide or device in violation of this part
1420chapter and orders it condemned, it shall be disposed of as the
1421court may direct; provided that in no instance shall the
1422disposition of the pesticide or device be ordered by the court
1423without first giving the owner or custodian an opportunity to
1424apply to the court for release of the pesticide or device or for
1425permission to process or relabel it to bring it into compliance
1426with this part chapter.
1427     Section 39.  Section 487.13, Florida Statutes, is amended
1428to read:
1429     487.13  Cooperation.--The department is authorized and
1430empowered to cooperate with and enter into agreements with any
1431other agency of this state, the United States Department of
1432Agriculture, the United States Environmental Protection Agency,
1433and any other state or federal agency for the purpose of
1434carrying out the provisions of this part chapter and securing
1435uniformity of regulations.
1436     Section 40.  Section 487.156, Florida Statutes, is amended
1437to read:
1438     487.156  Governmental agencies.--All governmental agencies
1439shall be subject to the provisions of this part chapter and
1440rules adopted under this part chapter. Public applicators using
1441or supervising the use of restricted-use pesticides shall be
1442subject to examination as provided in s. 487.044.
1443     Section 41.  Subsection (1) of section 487.159, Florida
1444Statutes, is amended to read:
1445     487.159  Damage or injury to property, animal, or person;
1446mandatory report of damage or injury; time for filing; failure
1447to file.--
1448     (1)  The person claiming damage or injury to property,
1449animal, or human beings from application of a pesticide shall
1450file with the department a written statement claiming damages,
1451on a form prescribed by the department, within 48 hours after
1452the damage or injury becomes apparent. The statement shall
1453contain, but shall not be limited to, the name of the person
1454responsible for the application of the pesticide, the name of
1455the owner or lessee of the land on which the crop is grown and
1456for which the damages are claimed, and the date on which it is
1457alleged that the damages occurred. The department shall
1458investigate the alleged damages and notify all concerned parties
1459of its findings. If the findings reveal a violation of the
1460provisions of this part chapter, the department shall determine
1461an appropriate penalty, as provided in this part chapter. The
1462filing of a statement or the failure to file such a statement
1463need not be alleged in any complaint which might be filed in a
1464court of law, and the failure to file the statement shall not be
1465considered any bar to the maintenance of any criminal or civil
1466action.
1467     Section 42.  Section 487.161, Florida Statutes, is amended
1468to read:
1469     487.161  Exemptions, nonagricultural pest control and
1470research.--
1471     (1)  Any person duly licensed or certified under chapter
1472482, or under the supervision of chapter 388, is exempted from
1473the licensing provisions of this part chapter.
1474     (2)  The use of the antibiotic oxytetracycline
1475hydrochloride for the purpose of controlling lethal yellowing is
1476exempted from the licensing provisions of this part chapter.
1477     (3)  The personnel of governmental, university, or
1478industrial research agencies are exempted from the provisions of
1479this part chapter when doing applied research within a
1480laboratory, but shall comply with all the provisions of this
1481part chapter when applying restricted-use pesticides to
1482experimental or demonstration plots.
1483     Section 43.  Section 487.163, Florida Statutes, is amended
1484to read:
1485     487.163  Information; interagency cooperation.--
1486     (1)  The department may, in cooperation with the University
1487of Florida or other agencies of government, publish information
1488and conduct short courses of instruction in the safe use and
1489application of pesticides for the purpose of carrying out the
1490provisions of this part chapter.
1491     (2)  The department may cooperate or enter into formal
1492agreements with any other agency or educational institution of
1493this state or its subdivisions or with any agency of any other
1494state or of the Federal Government for the purpose of carrying
1495out the provisions of this part chapter and of securing
1496uniformity of regulations.
1497     Section 44.  Subsections (1), (2), and (3) of section
1498487.171, Florida Statutes, are amended to read:
1499     487.171  Classification of antifouling paint containing
1500organotin compounds as restricted-use pesticides; prohibition of
1501distribution and sale.--
1502     (1)  The department shall classify antifouling paints
1503containing organotin compounds having an acceptable release rate
1504as restricted-use pesticides subject to the requirements of this
1505part chapter. Antifouling paints containing organotin having
1506acceptable release rates and sold in spray cans of 16 ounces
1507avoirdupois weight or less for outboard motor or lower unit use
1508are exempt from the restricted-use pesticide classification
1509requirement.
1510     (2)  The department shall initiate action under chapter
1511120, to deny or cancel the registration of antifouling paints
1512containing organotin compounds which do not have an acceptable
1513release rate or do not meet other criteria established by the
1514department in accordance with this part chapter.
1515     (3)  Distribution, sale, and use of antifouling paints
1516containing organotin compounds with acceptable release rates
1517shall be limited to dealers and applicators licensed by the
1518department in accordance with this part chapter, to distribute,
1519sell, or use restricted-use pesticides. Such paint may be
1520applied only by licensed applicators and may be applied only to
1521vessels which exceed 25 meters in length or which have aluminum
1522hulls.
1523     Section 45.  Section 487.175, Florida Statutes, is amended
1524to read:
1525     487.175  Penalties; administrative fine; injunction.--
1526     (1)  In addition to any other penalty provided in this part
1527chapter, when the department finds any person, applicant, or
1528licensee has violated any provision of this part chapter or rule
1529adopted under this part chapter, it may enter an order imposing
1530any one or more of the following penalties:
1531     (a)  Denial of an application for licensure.
1532     (b)  Revocation or suspension of a license.
1533     (c)  Issuance of a warning letter.
1534     (d)  Placement of the licensee on probation for a specified
1535period of time and subject to conditions the department may
1536specify by rule, including requiring the licensee to attend
1537continuing education courses, to demonstrate competency through
1538a written or practical examination, or to work under the direct
1539supervision of another licensee.
1540     (e)  Imposition of an administrative fine not to exceed
1541$10,000 for each violation. When imposing any fine under this
1542paragraph, the department shall consider the degree and extent
1543of harm caused by the violation, the cost of rectifying the
1544damage, the amount of money the violator benefited from by
1545noncompliance, whether the violation was committed willfully,
1546and the compliance record of the violator.
1547     (2)  Any person who violates any provision of this part
1548chapter or rules adopted pursuant thereto commits a misdemeanor
1549of the second degree and upon conviction is punishable as
1550provided in s. ss. 775.082 or s. and 775.083. For a subsequent
1551violation, such person commits a misdemeanor of the first degree
1552and upon conviction is punishable as provided in s. ss. 775.082
1553or s. and 775.083.
1554     (3)  In addition to the remedies provided in this part
1555chapter and notwithstanding the existence of any adequate remedy
1556at law, the department may bring an action to enjoin the
1557violation or threatened violation of any provision of this part
1558chapter, or rule adopted under this part chapter, in the circuit
1559court of the county in which the violation occurred or is about
1560to occur. Upon the department's presentation of competent and
1561substantial evidence to the court of the violation or threatened
1562violation, the court shall immediately issue the temporary or
1563permanent injunction sought by the department. The injunction
1564shall be issued without bond. A single act in violation of any
1565provision of this part chapter shall be sufficient to authorize
1566the issuance of an injunction.
1567     Section 46.  Subsection (1) of section 482.242, Florida
1568Statutes, is amended to read:
1569     482.242  Preemption.--
1570     (1)  This chapter is intended as comprehensive and
1571exclusive regulation of pest control in this state. The
1572provisions of this chapter preempt to the state all regulation
1573of the activities and operations of pest control services,
1574including the pesticides used pursuant to labeling and
1575registration approved under part I of chapter 487. No local
1576government or political subdivision of the state may enact or
1577enforce an ordinance that regulates pest control, except that
1578the preemption in this section does not prohibit a local
1579government or political subdivision from enacting an ordinance
1580regarding any of the following:
1581     (a)  Local occupational licenses adopted pursuant to
1582chapter 205.
1583     (b)  Land development regulations adopted pursuant to
1584chapter 163 which include regulation of any aspect of
1585development, including a subdivision, building construction,
1586sign regulation or any other regulation concerning the
1587development of land, or landscaping or tree protection
1588ordinances which do not include pesticide application
1589restrictions.
1590     (c)  Regulations that:
1591     1.  Require, for multicomplex dwellings in excess of 10
1592units, annual termite inspections for termite activity or
1593damage, including Formosan termites, which must be performed by
1594a person licensed under this chapter.
1595     2.  Require pest control treatments of structures that have
1596termite activity or damage which must be performed by a person
1597licensed under this chapter.
1598     3.  Require property owners or other persons to obtain
1599inspections or pest control treatments performed by a person
1600licensed under this chapter.
1601
1602An ordinance by a local government or political subdivision
1603which requires an annual inspection or pest control treatment
1604must conform to current law.
1605     (d)  Protection of wellhead protection areas and high
1606recharge areas.
1607     (e)  Hazardous materials reporting as set forth in part II
1608of chapter 252, storage, and containment including as relating
1609to stormwater management.
1610     (f)  Hazardous material unlawful discharge and disposal.
1611     (g)  Hazardous materials remediation.
1612     Section 47.  Section 487.2011, Florida Statutes, is created
1613to read:
1614     487.2011  Popular name; administration.--This part may be
1615known by the popular name the "Florida Agricultural Worker
1616Safety Act" and shall be administered by the Department of
1617Agriculture and Consumer Services.
1618     Section 48.  Section 487.2021, Florida Statutes, is created
1619to read:
1620     487.2021  Legislative intent.--It is the intent of the
1621Legislature to ensure that agricultural workers employed in the
1622state receive protection from agricultural pesticides. The
1623Legislature intends to ensure that agricultural workers be given
1624information concerning agricultural pesticides.
1625     Section 49.  Section 487.2031, Florida Statutes, is created
1626to read:
1627     487.2031  Definitions.--For the purposes of this part, the
1628term:
1629     (1)  "Agricultural employer" means any person who hires or
1630contracts for the services of workers to perform activities
1631related to the production of agricultural plants or any person
1632who is an owner of, or responsible for, the management or
1633condition of an agricultural establishment that uses such
1634workers.
1635     (2)  "Agricultural establishment" means any farm, forest,
1636nursery, or greenhouse.
1637     (3)  "Agricultural plant" means any plant grown or
1638maintained for commercial or research purposes and includes, but
1639is not limited to, food, feed, fiber plants, trees, turfgrass,
1640flowers, shrubs, ornamentals, and seedlings.
1641     (4)  "Department" means the Department of Agriculture and
1642Consumer Services.
1643     (5)  "Designated representative" means any organization or
1644person to whom a worker gives written authorization to exercise
1645the right to request the agricultural pesticide information
1646pursuant to this part.
1647     (6)  "Fact sheet" means an agricultural pesticide fact
1648sheet approved by the state or federal government that provides
1649information about the impacts of the use of an agricultural
1650pesticide.
1651     (7)  "Material safety data sheet" means written or printed
1652material concerning an agricultural pesticide that sets forth
1653the following information:
1654     (a)  The chemical name and the common name of the
1655agricultural pesticide.
1656     (b)  The hazards or other risks in the use of the
1657agricultural pesticide, including:
1658     1.  The potential for fire, explosions, corrosivity, and
1659reactivity.
1660     2.  The known acute health effects and chronic health
1661effects of exposure to the agricultural pesticide, including
1662those medical conditions that are generally recognized as being
1663aggravated by exposure to the agricultural pesticide.
1664     3.  The primary routes of entry and symptoms of
1665overexposure.
1666     (c)  The proper handling practices, necessary personal
1667protective equipment, and other proper or necessary safety
1668precautions in circumstances that involve the use of or exposure
1669to the agricultural pesticide, including appropriate emergency
1670treatment in case of overexposure.
1671     (d)  The emergency procedures for spills, fire, disposal,
1672and first aid.
1673     (e)  A description of the known specific potential health
1674risks posed by the agricultural pesticide, which is written in
1675lay terms and is intended to alert any person who reads the
1676information.
1677     (f)  The year and month, if available, that the information
1678was compiled and the name, address, and emergency telephone
1679number of the manufacturer responsible for preparing the
1680information.
1681     (8)  "Retaliatory action" means an action, such as
1682dismissal, demotion, harassment, blacklisting with other
1683employers, reducing pay or work hours, or taking away company
1684housing, that is taken by any agricultural employer against a
1685worker who exercises any right under the provisions of the
1686United States Environmental Protection Agency Worker Protection
1687Standard, 40 C.F.R. s. 1707(b), or this part.
1688     (9)  "Trainer" means any person who is qualified to train
1689workers under the pesticide safety training requirements of the
1690United States Environmental Protection Agency Worker Protection
1691Standard, 40 C.F.R. s. 170.130.
1692     (10)  "Worker" means any person, including a farmworker or
1693a self-employed person, who receives any type of compensation
1694for employment that involves tasks relating to the production of
1695agricultural plants on an agricultural establishment. The term
1696"worker" does not include any person employed by a commercial
1697pesticide handling establishment to perform tasks as a crop
1698advisor.
1699     Section 50.  Section 487.2041, Florida Statutes, is created
1700to read:
1701     487.2041  Enforcement of federal worker protection
1702regulations.--The department shall, to the extent that resources
1703are available, continue to operate under the United States
1704Environmental Protection Agency regulations regarding the
1705Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
1706156, and the Worker Protection Standard, 40 C.F.R. part 170,
1707which the department adopted by rule during the 1995-1996 fiscal
1708year and published in the Florida Administrative Code. Any
1709provision of this part not preempted by federal law shall
1710continue to apply.
1711     Section 51.  Section 487.2051, Florida Statutes, is created
1712to read:
1713     487.2051  Availability of agricultural pesticide
1714information to workers and medical personnel.--
1715     (1)  An agricultural employer shall make available
1716agricultural pesticide information concerning any agricultural
1717pesticide to any worker:
1718     (a)  Who enters an agricultural-pesticide-treated area on
1719an agricultural establishment where:
1720     1.  An agricultural pesticide has been applied within 30
1721days of that entry; or
1722     2.  A restricted-entry interval has been in effect; or
1723     (b)  Who may be exposed to the agricultural pesticide
1724during normal conditions of use or in a foreseeable emergency.
1725     (2)  The agricultural pesticide information provided
1726pursuant to subsection (1) must be in the form of a fact sheet
1727or a material safety data sheet. The agricultural employer shall
1728provide a written copy of the information provided pursuant to
1729subsection (1) within 2 working days after a request for the
1730information by a worker or a designated representative. In the
1731case of a pesticide-related medical emergency, the agricultural
1732employer shall provide a written copy of the information
1733promptly upon the request of the worker, the designated
1734representative, or medical personnel treating the worker.
1735     (3)  Upon the initial purchase of a product and with the
1736first purchase after the material safety data sheet is updated,
1737the distributor, manufacturer, or importer of agricultural
1738pesticides shall obtain or develop and provide each direct
1739purchaser of an agricultural pesticide with a material safety
1740data sheet. If the material safety data sheet or fact sheet for
1741the agricultural pesticide is not available when the
1742agricultural pesticide is purchased, the agricultural employer
1743shall take appropriate and timely steps to obtain the material
1744safety data sheet or fact sheet from the distributor, the
1745manufacturer, the department, a federal agency, or another
1746distribution source.
1747     (4)  The department shall produce and make available to a
1748trainer a one-page general agricultural pesticide safety sheet.
1749The safety sheet must be in a language understandable to the
1750worker and must include, but need not be limited to, illustrated
1751instructions on preventing agricultural pesticide exposure and
1752toll-free telephone numbers to the Florida Poison Control
1753Centers. The trainer shall provide the safety sheet to the
1754worker pursuant to the United States Environmental Protection
1755Agency Worker Protection Standard, 40 C.F.R. s. 170.130.
1756     Section 52.  Section 487.2061, Florida Statutes, is created
1757to read:
1758     487.2061  Prohibited acts.--Any person covered by this part
1759may not:
1760     (1)  Fail to provide agricultural pesticide information as
1761required in this part; or
1762     (2)  Take retaliatory action.
1763     Section 53.  Section 487.2071, Florida Statutes, is created
1764to read:
1765     487.2071  Penalties against violators; worker relief;
1766monitoring complaints of retaliation.--
1767     (1)  Penalties set forth in this part shall be applied to
1768any person who violates this part. A persons who violates this
1769part is subject to federal penalties as provided in the United
1770States Environmental Protection Agency Worker Protection
1771Standard, 40 C.F.R. s. 170.9(b).
1772     (2)  A worker who has been subject to retaliatory action
1773and seeks relief under this section may file a complaint with
1774the department.
1775     (3)  In any action brought pursuant to this section that
1776involves retaliatory action, if the retaliatory action is
1777predicated on the disclosure by a worker of an illegal action,
1778policy, or practice of any person covered by this part to an
1779appropriate governmental agency, the worker may not be required
1780to show that the disclosure was under oath or in writing or that
1781the worker notified the employer in writing of the illegal
1782action, policy, or practice.
1783     (4)  The department shall monitor all complaints of
1784retaliation that it receives and report its findings to the
1785President of the Senate and the Speaker of the House of
1786Representatives on or before October 1, 2008. The report shall
1787include the number of such complaints received, the
1788circumstances surrounding the complaints, and the actions taken
1789concerning the complaints.
1790     Section 54.  Paragraph (x) of subsection (1) of section
1791500.03, Florida Statutes, is amended to read:
1792     500.03  Definitions; construction; applicability.--
1793     (1)  For the purpose of this chapter, the term:
1794     (x)  "Pesticide chemical" means any substance which, alone,
1795in chemical combination, or in formulation with one or more
1796other substances is a "pesticide" within the meaning of the
1797Florida Pesticide Law, part I of chapter 487, and which is used
1798in the production, storage, or transportation of raw
1799agricultural commodities.
1800     Section 55.  Subsections (1) and (6) of section 570.44,
1801Florida Statutes, are amended to read:
1802     570.44  Division of Agricultural Environmental Services;
1803powers and duties.--The duties of the Division of Agricultural
1804Environmental Services include, but are not limited to:
1805     (1)  Inspecting and drawing samples of: commercial feeds
1806offered for sale in this state and enforcing those provisions of
1807chapter 580 authorized by the department; seeds offered for sale
1808in this state and enforcing those provisions of chapter 578
1809authorized by the department; certified seed grown in this
1810state; fertilizers offered for sale in this state and enforcing
1811those provisions of chapter 576 authorized by the department;
1812and pesticides offered for sale in this state, and soil and
1813water in this state for the presence of pesticides, and
1814enforcing those provisions of part I of chapter 487 authorized
1815by the department.
1816     (6)  Analyzing samples of pesticide formulations offered
1817for sale in this state and tank mix, soil, water, and other
1818environmental samples related to pesticide use investigations,
1819as required under part I of chapter 487.
1820     Section 56.  Subsection (7) of section 440.16, Florida
1821Statutes, is amended to read:
1822     440.16  Compensation for death.--
1823     (7)  Compensation under this chapter to aliens not
1824residents (or about to become nonresidents) of the United States
1825or Canada shall be the same in amount as provided for residents,
1826except that dependents in any foreign country shall be limited
1827to surviving spouse and child or children, or if there be no
1828surviving spouse or child or children, to surviving father or
1829mother whom the employee has supported, either wholly or in
1830part, for the period of 1 year prior to the date of the injury,
1831and except that the judge of compensation claims may, at the
1832option of the judge of compensation claims, or upon the
1833application of the insurance carrier, commute all future
1834installments of compensation to be paid to such aliens by paying
1835or causing to be paid to them one-half of the commuted amount of
1836such future installments of compensation as determined by the
1837judge of compensation claims, and provided further that
1838compensation to dependents referred to in this subsection shall
1839in no case exceed $75,000.
1840     Section 57.  The Division of Statutory Revision is
1841requested to designate sections 487.011-487.175, Florida
1842Statutes, as part I of chapter 487, entitled the "Florida
1843Pesticide Law," and sections 487.2011-487.2071, Florida
1844Statutes, as created by this act, as part II of that chapter,
1845entitled the "Florida Agricultural Worker Safety Act."
1846     Section 58.  For the 2004-2005 fiscal year, the sum of
1847$300,000 is appropriated from the General Revenue Fund, and four
1848positions are authorized, to the Department of Agriculture and
1849Consumer Services for the purpose of conducting regulatory,
1850training, and outreach activities related to migrant labor.
1851     Section 59.  This act shall take effect July 1, 2004.


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