December 01, 2020
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Bill No. 1307
Amendment No. 241547
Senate House

1Representative Poppell offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (8) of section 381.008, Florida
6Statutes, is amended to read:
7     381.008  Definitions of terms used in ss. 381.008-
8381.00897.--As used in ss. 381.008-381.00897, the following
9words and phrases mean:
10     (8)  "Residential migrant housing"--A building, structure,
11mobile home, barracks, or dormitory, and any combination thereof
12on adjacent property which is under the same ownership,
13management, or control, and the land appertaining thereto, that
14is rented or reserved for occupancy by five or more seasonal or
15migrant farmworkers, except:
16     (a)  Housing furnished as an incident of employment.
17     (b)  A single-family residence or mobile home dwelling unit
18that is occupied only by a single family and that is not under
19the same ownership, management, or control as other farmworker
20housing to which it is adjacent or contiguous.
21     (c)  A hotel, motel, or resort condominium, as defined in
22chapter 509, that is furnished for transient occupancy.
23     (d)  Any housing owned or operated by a public housing
24authority except for housing which is specifically provided for
25persons whose principal income is derived from agriculture.
26     Section 2.  Subsections (1) and (2) of section 381.0086,
27Florida Statutes, are amended, and subsection (6) is added to
28said section, to read:
29     381.0086  Rules; variances; penalties.--
30     (1)  The department shall adopt rules necessary to protect
31the health and safety of migrant farmworkers farm workers and
32other migrant labor camp or residential migrant housing
33occupants, including rules governing field sanitation
34facilities. These rules must include definitions of terms,
35provisions relating to plan review of the construction of new,
36expanded, or remodeled camps or residential migrant housing,
37sites, buildings and structures, personal hygiene facilities,
38lighting, sewage disposal, safety, minimum living space per
39occupant, bedding, food equipment, food storage and preparation,
40insect and rodent control, garbage, heating equipment, water
41supply, maintenance and operation of the camp, housing, or
42roads, and such other matters as the department finds to be
43appropriate or necessary to protect the life and health of the
44occupants. Housing operated by a public housing authority is
45exempt from the provisions of any administrative rule that
46conflicts with or is more stringent than the federal standards
47applicable to the housing.
48     (2)  Except when prohibited as specified in subsection (6),
49an owner or operator may apply for a permanent structural
50variance from the department's rules by filing a written
51application and paying a fee set by the department, not to
52exceed $100. This application must:
53     (a)  Clearly specify the standard from which the variance
54is desired.;
55     (b)  Provide adequate justification that the variance is
56necessary to obtain a beneficial use of an existing facility and
57to prevent a practical difficulty or unnecessary hardship.; and
58     (c)  Clearly set forth the specific alternative measures
59that the owner or operator has taken to protect the health and
60safety of occupants and adequately show that the alternative
61measures have achieved the same result as the standard from
62which the variance is sought.
63     (6)  For the purposes of filing an interstate clearance
64order with the Agency for Workforce Innovation, if the housing
65is covered by 20 C.F.R. part 654, subpart E, no permanent
66structural variance referred to in subsection (2) is allowed.
67     Section 3.  Subsections (1) and (6) of section 381.0087,
68Florida Statutes, are amended, and subsection (9) is added to
69said section, to read:
70     381.0087  Enforcement; citations.--
71     (1)  Department personnel or crew chief compliance officers
72employed by the Bureau of Compliance of the Florida Department
73of Labor and Employment Security may issue citations that
74contain an order of correction or an order to pay a fine, or
75both, for violations of ss. 381.008-381.00895 or the field
76sanitation facility rules adopted by the department when a
77violation of those sections or rules is enforceable by an
78administrative or civil remedy, or when a violation of those
79sections or rules is a misdemeanor of the second degree. A
80citation issued under this section constitutes a notice of
81proposed agency action. The recipient of a citation for a major
82deficiency, as defined by rule of the department, will be given
83a maximum of 48 hours to make satisfactory correction or
84demonstrate that provisions for correction are satisfactory.
85     (6)  Any person who willfully refuses to sign and accept a
86citation issued by the department commits or the Department of
87Labor and Employment Security is guilty of a misdemeanor of the
88second degree, punishable as provided in s. 775.082 or s.
90     (9)  When the department suspects that a law has been
91violated, it shall notify the entity that enforces the law.
92     Section 4.  Subsection (1) of section 403.088, Florida
93Statutes, is amended to read:
94     403.088  Water pollution operation permits; conditions.--
95     (1)  No person, without written authorization of the
96department, shall discharge into waters within the state any
97waste which, by itself or in combination with the wastes of
98other sources, reduces the quality of the receiving waters below
99the classification established for them. However, this section
100shall not be deemed to prohibit the application of pesticides to
101waters in the state for the control of insects, aquatic weeds,
102or algae, provided the application is performed pursuant to a
103program approved by the Department of Health, in the case of
104insect control, or the department, in the case of aquatic weed
105or algae control. The department is directed to enter into
106interagency agreements to establish the procedures for program
107approval. Such agreements shall provide for public health,
108welfare, and safety, as well as environmental factors. Approved
109programs must provide that only chemicals approved for the
110particular use by the United States Environmental Protection
111Agency or by the Department of Agriculture and Consumer Services
112may be employed and that they be applied in accordance with
113registered label instructions, state standards for such
114application, and the provisions of the Florida Pesticide Law,
115part I of chapter 487.
116     Section 5.  Subsection (1) of section 450.191, Florida
117Statutes, is amended to read:
118     450.191  Executive Office of the Governor; powers and
120     (1)  The Executive Office of the Governor is authorized and
121directed to:
122     (a)  Advise and consult with employers of migrant and
123seasonal workers and their employers as to the ways and means of
124improving living and working conditions of migrant and seasonal
126     (b)  Cooperate with the Department of Health in
127establishing minimum standards of preventive and curative health
128and of housing and sanitation in migrant labor camps and in
129making surveys to determine the adequacy of preventive and
130curative health services available to occupants of migrant labor
132     (c)  Provide coordination for the enforcement of ss.
133381.008-381.0088 and ss. 450.27-450.38.;
134     (d)  Cooperate with the Department of Business and
135Professional Regulation other departments of government in
136coordinating and enforcing all applicable labor laws, including,
137but not limited to, those relating to private employment
138agencies, child labor, wage payments, wage claims, and farm
139labor contractors. crew leaders;
140     (e)  Cooperate with the Department of Education to provide
141educational facilities for the children of migrant laborers.;
142     (f)  Cooperate with the Department of Highway Safety and
143Motor Vehicles to establish minimum standards for the
144transporting of migrant laborers.;
145     (g)  Cooperate with the Department of Agriculture and
146Consumer Services to conduct an education program for employers
147of migrant laborers pertaining to the standards, methods, and
148objectives of the office.;
149     (h)  Cooperate with the Department of Children and Family
150Services in coordinating all public assistance programs as they
151may apply to migrant laborers.;
152     (i)  Coordinate all federal, state, and local programs
153pertaining to migrant laborers.;
154     (j)  Cooperate with the Agency for Workforce Innovation
155farm labor office of the Department of Business and Professional
156Regulation in the recruitment and referral of migrant laborers
157and other persons for the planting, cultivation, and harvesting
158of agricultural crops in Florida.
159     (2)  The office shall arrange, through the Department of
160Health, for the provision of the supplementary services set
161forth in paragraph (1)(b) to the extent of available
162appropriations. Such services may be provided through the use of
163one or more traveling dispensaries, or by contract with
164physicians, dentists, hospitals, or clinics, or in such manner
165as may be recommended by the Department of Health.
166     Section 6.  Section 450.201, Florida Statutes, is amended
167to read:
168     450.201  Legislative Commission on Migrant and Seasonal
169Labor; membership; filling vacancies.--
170     (1)  There is created a permanent joint committee of the
171Florida Legislature to be known as the Legislative Commission on
172Migrant and Seasonal Labor, to be composed of three members of
173the Senate, appointed by the President of the Senate, and three
174members of the House of Representatives, appointed by the
175Speaker of the House. One member from each house shall be a
176member of the minority party. Any vacancy in the commission
177shall be filled by the respective presiding officer from the
178membership of the legislative body from which the vacancy
179occurred. However, a member who ceases to be a member of the
180legislative body from which appointed shall continue to be a
181member of the commission until the next succeeding regular
182session of the Legislature, at which the commission shall render
183its report to the Legislature.
184     (2)  Appointments shall be made no later than March 1,
186     (3)  The first meeting of the commission shall be no later
187than July 1, 2005.
188     Section 7.  Section 450.231, Florida Statutes, is amended
189to read:
190     450.231  Annual reports to Legislature.--The commission
191shall report its findings, recommendations, and proposed
192legislation to each regular session of the Legislature no later
193than February 1 of each year beginning in 2006.
194     Section 8.  Section 450.27, Florida Statutes, is amended to
196     450.27  Short title.--This part shall be known by the
197popular name may be cited as the "Farm Labor Contractor
198Registration Law."
199     Section 9.  Section 450.271, Florida Statutes, is amended
200to read:
201     450.271  State administration of the Migrant and Seasonal
202Agricultural Worker Protection Act.--The Department of Business
203and Professional Regulation Labor and Employment Security may
204enter into agreements with the Secretary of Labor of the United
205States to authorize the department to administer within the
206State of Florida the provisions of the Migrant and Seasonal
207Agricultural Worker Protection Act of 1983, as amended.
208     Section 10.  Subsections (5) and (6) are added to section
209450.28, Florida Statutes, to read:
210     450.28  Definitions.--
211     (5)  "Minor violation" means a violation of a specific
212state or federal law or rule that does not result in economic or
213physical harm to any person recruited, transported, supplied, or
214hired by a farm labor contractor or create a significant threat
215of such harm.
216     (6)  "Major violation" means a violation of a specific
217state or federal law or rule that results in economic or
218physical harm to any person recruited, transported, supplied, or
219hired by a farm labor contractor or creates a significant threat
220of such harm.
221     Section 11.  Subsections (6) and (7) of section 450.30,
222Florida Statutes, are amended to read:
223     450.30  Requirement of certificate of registration;
224education and examination program.--
225     (6)  The department shall require an applicant for renewal
226of a certificate of registration to retake the examination only
228     (a)  During the prior certification period, the department
229issued a final order assessing a civil monetary penalty for a
230major violation of this part or revoked or refused to renew or
231issue a certificate of registration; or
232     (b)  The department determines that new requirements
233related to the duties and responsibilities of a farm labor
234contractor necessitate a new examination.
235     (7)  The department shall charge each applicant a $35 fee
236for the education and examination program. Such fees shall be
237deposited in the Professional Regulation Crew Chief Registration
238Trust Fund.
239     Section 12.  Subsections (1) and (2) of section 450.31,
240Florida Statutes, are amended, and subsections (5) and (6) are
241added to said section, to read:
242     450.31  Issuance, revocation, and suspension of, and
243refusal to issue or renew, certificate of registration.--
244     (1)  The department shall not issue to any person a
245certificate of registration as a farm labor contractor, nor
246shall it renew such certificate, until:
247     (a)  Such person has executed a written application
248therefor in a form and pursuant to regulations prescribed by the
249department and has submitted such information as the department
250may prescribe.
251     (b)  Such person has obtained and holds a valid federal
252certificate of registration as a farm labor contractor, or a
253farm labor contractor employee, unless exempt by federal law.
254     (c)  Such person pays to the department, by cashier's check
255in cash, certified check, or money order, a nonrefundable
256application fee of $125 $75. Fees collected by the department
257under this subsection shall be deposited in the State Treasury
258into the Professional Regulation Crew Chief Registration Trust
259Fund, which is hereby created, and shall be used utilized for
260administration of this part.
261     (d)  Such person has successfully taken and passed the farm
262labor contractor examination.
263     (e)  Such person has designated an agent to receive service
264of process and other official or legal documents. The agent must
265be available during regular business hours, Monday through
266Friday, to accept service on behalf of the farm labor
268     (2)  The department may revoke, suspend, or refuse to issue
269or renew any certificate of registration when it is shown that
270the farm labor contractor has:
271     (a)  Violated or failed to comply with any provision of
272this part or the rules adopted pursuant to this part; s. 450.36.
273     (b)  Made any misrepresentation or false statement in his
274or her application for a certificate of registration;.
275     (c)  Given false or misleading information concerning
276terms, conditions, or existence of employment to persons who are
277recruited or hired to work on a farm;.
278     (d)  Been assessed a civil fine by the department for which
279payment is overdue;
280     (e)  Failed to pay unemployment compensation taxes as
281determined by the Agency for Workforce Innovation;
282     (f)  Been denied, or had suspended or revoked, a federal
283certificate of registration as a farm labor contractor; or
284     (g)  Failed to pay federal employee taxes as determined by
285the Internal Revenue Service.
286     (5)  The department may permanently revoke or refuse to
287issue or renew a certificate of registration if such applicant
288or certificate holder has been convicted within the preceding 5
289years of:
290     (a)  A crime under state or federal law:
291     1.  Relating to gambling, or to the sale, distribution, or
292possession of alcoholic beverages.
293     2.  Committed in connection with, or incident to, any farm
294labor contracting activities; or
295     (b)  Any felony under state or federal law involving
296robbery, bribery, extortion, embezzlement, grand larceny,
297burglary, arson, violation of narcotics laws, murder, rape,
298assault with intent to kill, assault that inflicts grievous
299bodily injury, prostitution, peonage, or smuggling or harboring
300individuals who have entered the country illegally.
301     (6)  Receipt and acceptance of a certificate of
302registration as a farm labor contractor constitutes
303unconditional permission for and acquiescence by the contractor
304to the inspection by department personnel of books, ledgers, and
305all other documents that are related to the performance of the
306contractor's farm labor activities.
307     Section 13.  Section 450.321, Florida Statutes, is created
308to read:
309     450.321  Best practices incentive program for farm labor
311     (1)  To promote compliance with this part, and to help the
312public identify farm labor contractors who have demonstrated a
313firm commitment to responsible and safe labor practices, the
314department shall develop and implement a best practices
315incentive program for farm labor contractors.
316     (2)  Farm labor contractors who seek designation as a best
317practices farm labor contractor must meet the requirements set
318by the department. A farm labor contractor may not transfer or
319use without authorization a designation as a best practices farm
320labor contractor.
321     (3)  The department may enter into a partnership agreement
322with a farm labor contractor that states the responsibilities of
323each party to the agreement regarding the requirements to
324receive and maintain a best practices designation. Recipients of
325a designation as a best practices farm labor contractor may use
326this designation when soliciting business as long as the
327designation is in effect.
328     (4)  A designation as a best practices farm labor
329contractor may be revoked when the department determines that
330the recipient has failed to comply with a requirement
331established pursuant to subsection (2). When a designation is
332revoked, the prior recipient shall cease all use of the best
333practices farm labor contractor designation when soliciting
335     (5)  The grant of a designation as a best practices farm
336labor contractor is not an endorsement of the recipient by the
337department and may not be characterized as such.
338     (6)  The department may not be held liable in a civil
339action for damages resulting from the granting, denying,
340suspending, or revoking of a designation as a best practices
341farm labor contractor.
342     (7)  The department shall establish an incentive program
343for farm labor contractors who hold a valid best practices
345     Section 14.  Subsection (10) of section 450.33, Florida
346Statutes, is amended, and subsection (11) is added to said
347section, to read:
348     450.33  Duties of farm labor contractor.--Every farm labor
349contractor must:
350     (10)  Comply with all applicable statutes, rules, and
351regulations of the United States and of the State of Florida for
352the protection or benefit of labor, including, but not limited
353to, those providing for wages, hours, fair labor standards,
354social security, workers' compensation, unemployment
355compensation, child labor, and transportation. The department
356shall not suspend or revoke a certificate of registration
357pursuant to this subsection unless:
358     (a)  A court or agency of competent jurisdiction renders a
359judgment or other final decision that a violation of one of the
360laws, rules, or regulations has occurred and, if invoked, the
361appellate process is exhausted;
362     (b)  An administrative hearing pursuant to ss. 120.569 and
363120.57 is held on the suspension or revocation and the
364administrative law judge finds that a violation of one of the
365laws, rules, or regulations has occurred and, if invoked, the
366appellate process is exhausted; or
367     (c)  The holder of a certificate of registration stipulates
368that a violation has occurred or defaults in the administrative
369proceedings brought to suspend or revoke his or her
371     (11)  Maintain accurate daily field records for each
372employee actually paid by the farm labor contractor reflecting
373the hours worked for the farm labor contractor and, if paid by
374unit, the number of units harvested and the amount paid per
376     Section 15.  Subsections (4) and (5) are added to section
377450.34, Florida Statutes, to read:
378     450.34  Prohibited acts of farm labor contractor.--A
379licensee may not:
380     (4)  Retaliate against any person that has filed a
381complaint or aided an investigation pursuant to this part.
382     (5)  Contract with or employ any person acting in the
383capacity of a farm labor contractor, or performing activities
384defined in s. 450.28(1), when that person does not have a
385current certificate of registration issued by the department
386pursuant to the requirements of this part.
387     Section 16.  Section 450.35, Florida Statutes, is amended
388to read:
389     450.35  Certain contracts or employment prohibited.--It is
390unlawful for any person to contract with or employ for the
391employment of farm workers with any farm labor contractor as
392defined in this act, for matters relating to farm labor, until
393the labor contractor displays to him or her a current
394certificate of registration issued by the department pursuant to
395the requirements of this part. A violation of this section is
396subject to the penalties provided for violations in s.
398     Section 17.  Section 450.37, Florida Statutes, is amended
399to read:
400     450.37  Cooperation with state and federal agencies.--The
401department shall, whenever appropriate, cooperate with any
402federal agency. The department may cooperate with and enter into
403agreements with any other state agency to administer this
404chapter or secure uniform rules.
405     Section 18.  Section 450.38, Florida Statutes, is amended
406to read:
407     450.38  Enforcement of farm labor contractor laws.--
408     (1)  Any person, firm, association, or corporation not
409excluded under s. 450.29 that commits a minor violation who
410violates any provision of this part commits a misdemeanor of the
411second degree, punishable as provided in s. 775.082 or s.
413     (2)  Any person, firm, association, or corporation that
414commits a major violation of this part commits a felony of the
415third degree, punishable as provided in s. 775.082, s. 775.083,
416or s. 775.084.
417     (3)(2)  Any person, firm, association, or corporation that
418who, on or after June 19, 1985, commits a violation of this part
419or of any rule adopted thereunder may be assessed a civil
420penalty of not more than $2,500 $1,000 for each such violation.
421Such assessed penalties shall be paid by cashier's check in
422cash, certified check, or money order and shall be deposited
423into the General Revenue Fund. The department shall not
424institute or maintain any administrative proceeding to assess a
425civil penalty under this subsection when the violation is the
426subject of a criminal indictment or information under this
427section which results in a criminal penalty being imposed, or of
428a criminal, civil, or administrative proceeding by the United
429States government or an agency thereof which results in a
430criminal or civil penalty being imposed. The department may
431adopt rules prescribing the criteria to be used to determine the
432amount of the civil penalty and to provide notification to
433persons assessed a civil penalty under this section.
434     (4)(3)  Upon a complaint of the department being filed in
435the circuit court of the county in which the farm labor
436contractor resides or may be doing business, any farm labor
437contractor who fails to obtain a certificate of registration as
438required by this part may, in addition to such penalties, be
439enjoined from engaging in any activity which requires the farm
440labor contractor to possess a certificate of registration.
441     (5)(4)  For the purpose of any investigation or proceeding
442conducted by the department, the secretary of the department or
443the secretary's designee shall have the power to administer
444oaths, take depositions, make inspections when authorized by
445statute, issue subpoenas which shall be supported by affidavit,
446serve subpoenas and other process, and compel the attendance of
447witnesses and the production of books, papers, documents, and
448other evidence. The secretary of the department or the
449secretary's designee shall exercise this power on the
450secretary's own initiative.
451     (6)  A farm labor contractor who commits a minor violation
452of this part shall be issued a warning for the first violation.
453A civil penalty in increments of $250 may be assessed for each
454successive violation of a specific statute or rule of this part
455up to a maximum of $2,500.
456     (7)  A farm labor contractor who commits a major violation
457of a specific statute or rule of this part shall be assessed a
458civil penalty of up to $2,500 in accordance with the criteria
459established by the department pursuant to s. 450.38.
460     Section 19.  Section 450.39, Florida Statutes, is created
461to read:
462     450.39  Prohibition against required purchase; prohibition
463against excessive charges.--
464     (1)  A farm labor contractor may not require any farmworker
465to purchase goods or services solely from such farm labor
466contractor or from a person acting as an agent for such farm
467labor contractor.
468     (2)  A farm labor contractor may not charge a farmworker
469more than a reasonable cost for any commodity, including
470housing, food, water, or other consumables, in accordance with
471Title 29 C.F.R. s. 531.3. As used in this subsection, the term
472"reasonable cost" does not include a profit to the farm labor
473contractor or to any other person acting as an agent for the
474farm labor contractor.
475     Section 20.  Section 487.011, Florida Statutes, is amended
476to read:
477     487.011  Popular name Short title; administration.--This
478part shall chapter may be known by the popular name cited as the
479"Florida Pesticide Law" and shall be administered by the
480Department of Agriculture and Consumer Services.
481     Section 21.  Section 487.012, Florida Statutes, is amended
482to read:
483     487.012  Declaration of purpose.--The purpose of this part
484chapter is to regulate the distribution, sale, and use of
485pesticides, except as provided in chapters 388 and 482, and to
486protect people and the environment from the adverse effects of
488     Section 22.  Section 487.021, Florida Statutes, is amended
489to read:
490     487.021  Definitions.--For the purpose of this part
492     (1)  "Acceptable release rate" means a measured release
493rate not exceeding 4.0 micrograms per square centimeter per day
494at steady state conditions as determined in accordance with a
495United States Environmental Protection Agency testing data call-
496in notice of July 29, 1986, on tributyltin in antifouling paints
497under the Federal Insecticide, Fungicide, and Rodenticide Act, 7
498U.S.C. s. 136, or at a rate established by the department.
499     (2)  "Active ingredient" means:
500     (a)  In the case of a pesticide other than a plant
501regulator, defoliant, or desiccant, an ingredient which will
502prevent, destroy, repel, or mitigate insects, nematodes, fungi,
503rodents, weeds, or other pests.
504     (b)  In the case of a plant regulator, an ingredient which,
505through physiological action, will accelerate or retard the rate
506of growth or rate of maturation, or otherwise alter the
507behavior, of ornamental or crop plants or the produce thereof.
508     (c)  In the case of a defoliant, an ingredient which will
509cause the leaves or foliage to drop from a plant.
510     (d)  In the case of a desiccant, an ingredient which will
511artificially accelerate the drying of plant tissue.
512     (3)  "Added ingredient" means any plant nutrient or plant
513regulator added to the mixture which is not an active pesticidal
514ingredient, but which the manufacturer wishes to show on the
516     (4)  "Adulterated" applies to any pesticide if its strength
517or purity falls below or is in excess of the professed standard
518of quality as expressed on labeling or under which it is sold,
519if any substance has been substituted wholly or in part for the
520pesticide or if any valuable constituent of the pesticide has
521been wholly or in part abstracted.
522     (5)  "Advertisement" means all representations disseminated
523in any manner or by any means other than by labeling, for the
524purpose of inducing, or which are likely to induce, directly or
525indirectly, the purchase of pesticides.
526     (6)  "Age of majority" means any natural person 18 years of
527age or older, or an emancipated minor.
528     (7)  "Aircraft" means any machine designed for flight and
529for use in applying pesticides.
530     (8)  "Animal" means all vertebrate and invertebrate
531species, including, but not limited to, humans and other
532mammals, birds, fish, and shellfish.
533     (9)  "Antidote" means the most practical immediate
534treatment for poisoning and includes first aid treatment.
535     (10)  "Antifouling paint" means a coating, paint, or
536treatment that is intended for use as a pesticide, as defined in
537this section, to control freshwater or marine fouling organisms.
538     (11)  "Antisiphon device" means a safety device used to
539prevent the backflow of a mixture of water and chemicals into
540the water supply.
541     (12)  "Batch" or "lot" means a quantity of pesticide
542produced or packaged and readily identified by numbers, letters,
543or other symbols.
544     (13)  "Brand" means the name, number, trademark, or any
545other designation which distinguishes one pesticide product from
547     (14)  "Certification" means the recognition by the
548department that an individual is a competent pesticide
549applicator and, thus, is eligible for licensure in one or more
550of the designated license types and categories.
551     (15)  "Certified applicator" means any individual who has
552been recognized by the department as a competent pesticide
553applicator and, thus, is eligible to apply for licensure in one
554or more of the designated license types and categories.
555     (16)  "Commercial applicator" means an individual who has
556reached the age of majority and is licensed by the department to
557use or supervise the use of any restricted-use pesticide for any
558purpose on any property other than as provided by the
559definitions of "private applicator," "product specific
560applicator," or "public applicator," whether or not the
561individual is a private applicator with respect to some uses.
562     (17)  "Dealer" means any person, other than the
563manufacturer or distributor, who offers for sale, sells,
564barters, or otherwise supplies pesticides to the ultimate user
565or consumer.
566     (18)  "Deficiency" means the amount of an active ingredient
567of a pesticide by which it fails to come up to its guaranteed
568analysis when analyzed.
569     (19)  "Defoliant" means any substance or mixture of
570substances intended for causing the leaves or foliage to drop
571from a plant, with or without causing abscission.
572     (20)  "Department" means the Department of Agriculture and
573Consumer Services or its authorized representative.
574     (21)  "Desiccant" means any substance or mixture of
575substances intended for artificially accelerating the drying of
576plant tissues.
577     (22)  "Device" means any instrument or contrivance (other
578than a firearm) which is intended for trapping, destroying,
579repelling, or mitigating, any pest or other form of plant or
580animal life (other than human and other than bacteria, virus, or
581other microorganism on or in living humans or other living
582animals); but not including equipment used for the application
583of pesticides when sold separately.
584     (23)  "Distribute" means to offer for sale, hold for sale,
585sell, barter, or supply pesticides in this state.
586     (24)  "Distributor" means any person who offers for sale,
587holds for sale, sells, barters, or supplies pesticides in this
589     (25)  "Emergency exemption" means an exemption as
590authorized in s. 18 of the Federal Insecticide, Fungicide, and
591Rodenticide Act.
592     (26)  "Environment" means all water, air, land, plants, and
593animals, and their relationships with one another.
594     (27)  "Equipment" means any type of ground, aquatic, or
595aerial device used to apply any pesticide on land, and on
596anything that may be growing, habituating, or stored on or in
597the land. Equipment does not include any pressurized hand-size
598household device used to apply any pesticide, or any other
599device where the person applying the pesticide is the source of
600power for applying the pesticide.
601     (28)  "Excess" means the amount of an active ingredient of
602a pesticide found by analysis to be over the guaranteed amount.
603     (29)  "Experimental use permit" means a permit issued by
604the department or by the United States Environmental Protection
605Agency as authorized in s. 5 of the Federal Insecticide,
606Fungicide, and Rodenticide Act.
607     (30)  "Fungi" means all non-chlorophyll-bearing
608thallophytes (that is, all non-chlorophyll-bearing plants of a
609lower order than mosses and liverworts), as, for example, rusts,
610smuts, mildews, molds, yeasts, and bacteria, except those on or
611in living humans or other animals.
612     (31)  "Highly toxic" means any highly poisonous pesticide
613as determined by the rules promulgated pursuant to this part
615     (32)  "Imminent hazard" means a situation which exists when
616the continued use of a pesticide during the time required for
617cancellation proceedings would be likely to result in
618unreasonable adverse effects on the environment or will involve
619unreasonable hazard to the survival of a species declared
621     (33)  "Ineffective" means that pesticides such as
622bacteriostats, disinfectants, germicides, sanitizers, and like
623products fail to meet microbiological claims when tested in the
624laboratory utilizing the officially approved procedures of the
625Association of Official Analytical Chemists or other methods or
626procedures as the department may find necessary.
627     (34)  "Inert ingredient" means an ingredient which is not
628an active ingredient.
629     (35)  "Ingredient statement" means a statement of the name
630and percentage by weight of each active ingredient, together
631with the total percentage of the inert ingredients in the
633     (36)  "Insect" means any of the numerous small invertebrate
634animals generally having the body more or less obviously
635segmented, for the most part belonging to the class Insecta,
636comprising six legs, usually in winged form (as, for example,
637beetles, bugs, bees, and flies) and to other allied classes and
638arthropods whose members are wingless and usually have more than
639six legs (as, for example, spiders, mites, ticks, centipedes,
640and wood lice).
641     (37)  "Irrigation system" means any device or combination
642of devices having a hose, pipe, or other conduit which connects
643directly to any source of ground or surface water, through which
644device or combination of devices water or a mixture of water and
645chemicals is drawn and applied for agricultural purposes. The
646term does not include any handheld hose sprayer or other similar
647device which is constructed so that an interruption in water
648flow automatically prevents any backflow to the water source.
649     (38)  "Label" means the written, printed, or graphic matter
650on or attached to a pesticide, device, or immediate and outside
651container or wrappers of such pesticide or device.
652     (39)  "Labeling" means all labels and other written,
653printed, or graphic matter referencing the pesticide or device
654or upon any of its containers or wrappers, or accompanying the
655pesticide or device at any time, but does not include accurate,
656nonmisleading reference to current official publications of the
657United States Departments of Agriculture or Interior, the
658Environmental Protection Agency, the United States Public Health
659Service, state experiment stations, state agricultural colleges,
660or other similar federal institutions or official agencies of
661this state or other states authorized by law to conduct research
662in the field of pesticides.
663     (40)  "Land" means all land and water areas, including
665     (41)  "Licensed applicator" means an individual who has
666reached the age of majority and is authorized by license from
667the department to use or supervise the use of any restricted-use
668pesticide covered by the license.
669     (42)  "Manufacturer" means a person engaged in the business
670of importing, producing, preparing, mixing, formulating, or
671reformulating pesticides for the purpose of distribution.
672     (43)  "Mixer-loader" means any individual who handles open
673containers or otherwise prepares, processes, or dilutes
674pesticides in preparation for final application.
675     (44)  "Nematode" means invertebrate animals of the phylum
676Nemathelminthes and class Nematoda (that is, unsegmented round
677worms with elongated, fusiform, or saclike bodies covered with
678cuticle and inhabiting soil, water, plants, or plant parts), and
679may also be known as nemas or eelworms.
680     (45)  "Official sample" means any sample of a pesticide
681taken by the department in accordance with the provisions of
682this part chapter or rules adopted under this part chapter, and
683designated as official by the department.
684     (46)  "Organotin compound" means any compound of tin used
685as a biocide in an antifouling paint.
686     (47)  "Percent" means one one-hundredth part by weight or
688     (48)  "Pest" means:
689     (a)  Any insect, rodent, nematode, fungus, weed; or
690     (b)  Any other form of terrestrial or aquatic plant or
691animal life or virus, bacteria, or other microorganism, except
692viruses, bacteria, or other microorganisms on or in living
693humans or other living animals, which is declared to be a pest
694by the administrator of the United States Environmental
695Protection Agency or which may be declared to be a pest by the
696department by rule.
697     (49)  "Pesticide" means any substance or mixture of
698substances intended for preventing, destroying, repelling, or
699mitigating any insects, rodents, nematodes, fungi, weeds, or
700other forms of plant or animal life or viruses, except viruses,
701bacteria, or fungi on or in living humans or other animals,
702which the department by rule declares to be a pest, and any
703substance or mixture of substances intended for use as a plant
704regulator, defoliant, or desiccant; however, the term
705"pesticide" does not include any article that:
706     (a)  Is a "new animal drug" within the meaning of s. 201(w)
707of the Federal Food, Drug, and Cosmetic Act;
708     (b)  Has been determined by the Secretary of the United
709States Department of Health and Human Services not to be a new
710animal drug by a regulation establishing conditions of use for
711the article; or
712     (c)  Is an animal feed within the meaning of s. 201(x) of
713the Federal Food, Drug, and Cosmetic Act bearing or containing
714an article covered in this subsection.
715     (50)  "Plant nutrient" means any ingredient that furnishes
716nourishment to the plant or promotes its growth in a normal
718     (51)  "Plant regulator" means any substance or mixture of
719substances intended, through physiological action, for
720accelerating or retarding the rate of growth or maturation, or
721for otherwise altering the behavior, of ornamental or crop
722plants or the produce thereof; but does not include substances
723intended as plant nutrients, trace elements, nutritional
724chemicals, plant inoculants, or soil amendments.
725     (52)  "Private applicator" means an individual who has
726reached the age of majority and is licensed by the department to
727use or supervise the use of any restricted-use pesticide for
728purposes of producing any agricultural commodity on property
729owned or rented by his or her employer, or, if applied without
730compensation other than the trading of personal services between
731producers of agricultural commodities, on the property of
732another person.
733     (53)  "Product" means a unique pesticide and label as
734distinguished by its individually assigned United States
735Environmental Protection Agency registration number, special
736local need registration number, or experimental use permit
738     (54)  "Protect health and the environment" means protection
739against any unreasonable adverse effects on people or the
741     (55)  "Public applicator" means an individual who has
742reached the age of majority and is licensed by the department to
743use or supervise the use of restricted-use pesticides as an
744employee of a state agency, municipal corporation, or other
745governmental agency.
746     (56)  "Product specific applicator" means an individual who
747has reached the age of majority and is licensed by the
748department to use or supervise the use of a particular
749restricted-use pesticide product that is identified on the
750license by the United States Environmental Protection Agency
751registration number, as well as any Florida special local need
752registration number and any specific identifying information as
753deemed appropriate for nonfederally registered products exempt
754under s. 18 of the Federal Insecticide, Fungicide, and
755Rodenticide Act, provided that the restricted-use pesticide
756product is used for the purpose of producing agricultural
757commodities on property owned or rented by the licensee or the
758licensee's employer, or is applied on the property of another
759person without compensation other than trading of personal
760services between producers of agricultural commodities.
761     (57)  "Registrant" means the person registering any
762pesticide pursuant to the provisions of this part chapter.
763     (58)  "Restricted-use pesticide" means a pesticide which,
764when applied in accordance with its directions for use,
765warnings, and cautions and for uses for which it is registered
766or for one or more such uses, or in accordance with a widespread
767and commonly recognized practice, may generally cause, without
768additional regulatory restrictions, unreasonable adverse effects
769on the environment, or injury to the applicator or other
770persons, and which has been classified as a restricted-use
771pesticide by the department or the administrator of the United
772States Environmental Protection Agency.
773     (59)  "Sell or sale" includes exchanges.
774     (60)  "Special local need registration" means a state
775registration issued by the department as authorized in s. 24(c)
776of the Federal Insecticide, Fungicide, and Rodenticide Act.
777     (61)  "Special review" is a process for reviewing selected
778pesticides based upon information that the pesticides have been
779found to present environmental or health concerns not considered
780in the registration process or that data submitted in support of
781registration are inadequate or outdated.
782     (62)  "Tolerance" means the deviation from the guaranteed
783analysis permitted by law.
784     (63)  "Transportation of pesticides in bulk" means the
785movement of a pesticide which is held in an individual container
786in undivided quantities of greater than 55 U.S. gallons liquid
787measure or 100 pounds net dry weight.
788     (64)  "Under the direct supervision of a licensed
789applicator" means, unless otherwise prescribed by its labeling,
790a pesticide that must be applied by a competent person acting
791under the instruction and control of a licensed applicator who
792is available if and when needed, even though the licensed
793applicator is not physically present when the pesticide is
795     (65)  "Unreasonable adverse effects on the environment"
796means any unreasonable risk to humans or the environment, taking
797into account the economic, social, and environmental costs and
798benefits of the use of any pesticide.
799     (66)  "Vessel" means any type of watercraft or other
800artificial contrivance used, or capable of being used, as a
801means of transportation on water.
802     (67)  "Weed" means any plant which grows where not wanted.
803     Section 23.  Subsection (2) of section 487.025, Florida
804Statutes, is amended to read:
805     487.025  Misbranding.--
806     (2)  A pesticide is misbranded if:
807     (a)  It is an imitation of, or is offered for sale under
808the name of, another pesticide.
809     (b)  Its labeling bears any reference to registration under
810this part chapter.
811     (c)  The labeling accompanying it does not contain
812instructions for use which are necessary and, if complied with,
813adequate for the protection of the public.
814     (d)  The label does not contain a warning or caution
815statement which may be necessary and, if complied with, adequate
816to prevent injury to living humans and other vertebrate animals.
817     (e)  The label does not bear an ingredient statement on
818that part of the immediate container, and on the outside
819container or wrapper, if there is one, through which the
820ingredient statement on the immediate container cannot be
821clearly read, of the retail package which is presented or
822displayed under customary conditions of purchase.
823     (f)  Any word, statement, or other information required by
824or under authority of this part chapter to appear on the
825labeling is not prominently placed thereon with such
826conspicuousness, as compared with other words, statements,
827designs, or graphic matter in the labeling, and in such terms as
828to render it likely to be read and understood by the ordinary
829individual under customary conditions of purchase and use.
830     (g)  It is injurious to living humans or other vertebrate
831animals or vegetation, except weeds, to which it is applied, or
832to the person applying such pesticide as directed or in
833accordance with commonly recognized practice.
834     (h)  In the case of a plant regulator, defoliant, or
835desiccant, when used as directed, it is injurious to living
836humans or other vertebrate animals, or vegetation, to which it
837is applied, or to the person applying such pesticide. However,
838physical or physiological effects on plants or parts thereof
839shall not be deemed to be injury when this is the purpose for
840which the plant regulator, defoliant, or desiccant was applied
841in accordance with the label claims and recommendations.
842     (i)  Any ingredient which is present in amounts which are
843not likely to be effective when used according to directions is
844given undue prominence or conspicuousness, as compared with
845ingredients which are present in effective amounts, in its
846labeling. Such ingredient shall appear only in the ingredient
848     (j)  It is found to be ineffective when tested in the
850     (k)  It is found by the department to be of short measure.
851     Section 24.  Subsections (2), (4), (5), and (13) of section
852487.031, Florida Statutes, are amended to read:
853     487.031  Prohibited acts.--It is unlawful:
854     (2)  To distribute, sell, or offer for sale within this
855state any pesticide or product which has not been registered
856pursuant to the provisions of this part chapter, except
857pesticides distributed, sold, offered for sale, or used in
858accordance with the provisions of federal or state restriction,
859supervision, or cancellation orders or other existing stock
861     (4)  To detach, alter, deface, or destroy, in whole or in
862part, any label or labeling provided for in this part chapter or
863rules promulgated under this part chapter, or to add any
864substance to, or take any substance from, any pesticide in a
865manner that may defeat the purpose of this part chapter.
866     (5)  For any person to use for his or her own advantage or
867to reveal any information relative to formulas of products
868acquired by authority of this part chapter, other than to: the
869department, proper officials, or employees of the state; the
870courts of this state in response to a subpoena; physicians,
871pharmacists, and other qualified persons, in an emergency, for
872use in the preparation of antidotes. The information relative to
873formulas of products is confidential and exempt from the
874provisions of s. 119.07(1).
875     (13)  For any person to:
876     (a)  Make a false or fraudulent claim through any medium,
877misrepresenting the effect of materials or methods used;
878     (b)  Make a pesticide recommendation or application not in
879accordance with the label, except as provided in this section,
880or not in accordance with recommendations of the United States
881Environmental Protection Agency or not in accordance with the
882specifications of a special local need registration;
883     (c)  Operate faulty or unsafe equipment;
884     (d)  Operate in a faulty, careless, or negligent manner;
885     (e)  Apply any pesticide directly to, or in any manner
886cause any pesticide to drift onto, any person or area not
887intended to receive the pesticide;
888     (f)  Fail to disclose to an agricultural crop grower, prior
889to the time pesticides are applied to a crop, full information
890regarding the possible harmful effects to human beings or
891animals and the earliest safe time for workers or animals to
892reenter the treated field;
893     (g)  Refuse or, after notice, neglect to comply with the
894provisions of this part chapter, the rules adopted under this
895part chapter, or any lawful order of the department;
896     (h)  Refuse or neglect to keep and maintain the records
897required by this part chapter or to submit reports when and as
899     (i)  Make false or fraudulent records, invoices, or
901     (j)  Use fraud or misrepresentation in making an
902application for a license or license renewal;
903     (k)  Refuse or neglect to comply with any limitations or
904restrictions on or in a duly issued license;
905     (l)  Aid or abet a licensed or unlicensed person to evade
906the provisions of this part chapter, or combine or conspire with
907a licensed or unlicensed person to evade the provisions of this
908part chapter, or allow a license to be used by an unlicensed
910     (m)  Make false or misleading statements during or after an
911inspection concerning any infestation or infection of pests
912found on land;
913     (n)  Make false or misleading statements, or fail to
914report, pursuant to this part chapter, any suspected or known
915damage to property or illness or injury to persons caused by the
916application of pesticides;
917     (o)  Impersonate any state, county, or city inspector or
919     (p)  Fail to maintain a current liability insurance policy
920or surety bond as provided for in this part chapter;
921     (q)  Fail to adequately train, as provided for in this part
922chapter, unlicensed applicators or mixer-loaders applying
923restricted-use pesticides under the direct supervision of a
924licensed applicator; or
925     (r)  Fail to provide authorized representatives of the
926department with records required by this part chapter or with
927free access for inspection and sampling of any pesticide, areas
928treated with or impacted by these materials, and equipment used
929in their application.
930     Section 25.  Subsections (2), (3), and (8) of section
931487.041, Florida Statutes, are amended to read:
932     487.041  Registration.--
933     (2)  For the purpose of defraying expenses of the
934department in connection with carrying out the provisions of
935this part chapter, each person shall pay an annual registration
936fee of $250 for each registered pesticide. The annual
937registration fee for each special local need label and
938experimental use permit shall be $100. All registrations expire
939on December 31 of each year. Nothing in this section shall be
940construed as applying to distributors or retail dealers selling
941pesticides when such pesticides are registered by another
943     (3)  The department shall adopt rules governing the
944procedures for pesticide registration and for the review of data
945submitted by an applicant for registration of a pesticide. The
946department shall determine whether a pesticide should be
947registered, registered with conditions, or tested under field
948conditions in this state. The department shall determine that
949all requests for pesticide registrations meet the requirements
950of current state and federal law. The department, whenever it
951deems it necessary in the administration of this part chapter,
952may require the manufacturer or registrant to submit the
953complete formula, quantities shipped into or manufactured in the
954state for distribution and sale, evidence of the efficacy and
955the safety of any pesticide, and other relevant data. The
956department may review and evaluate a registered pesticide if new
957information is made available which indicates that use of the
958pesticide has caused an unreasonable adverse effect on public
959health or the environment. Such review shall be conducted upon
960the request of the secretary of the Department of Health in the
961event of an unreasonable adverse effect on public health or the
962secretary of the Department of Environmental Protection in the
963event of an unreasonable adverse effect on the environment. Such
964review may result in modifications, revocation, cancellation, or
965suspension of a pesticide registration. The department, for
966reasons of adulteration, misbranding, or other good cause, may
967refuse or revoke the registration of any pesticide, after notice
968to the applicant or registrant giving the reason for the
969decision. The applicant may then request a hearing, pursuant to
970chapter 120, on the intention of the department to refuse or
971revoke registration, and, upon his or her failure to do so, the
972refusal or revocation shall become final without further
973procedure. In no event shall registration of a pesticide be
974construed as a defense for the commission of any offense
975prohibited under this part chapter.
976     (8)  Nothing in this section affects the authority of the
977department to administer the pesticide registration program
978under this part chapter or the authority of the Commissioner of
979Agriculture to approve the registration of a pesticide.
980     Section 26.  Section 487.0435, Florida Statutes, is amended
981to read:
982     487.0435  License classification.--The department shall
983issue certified applicator licenses in the following
984classifications: certified public applicator; certified private
985applicator; and certified commercial applicator. In addition,
986separate classifications and subclassifications may be specified
987by the department in rule as deemed necessary to carry out the
988provisions of this part chapter. Each classification shall be
989subject to requirements or testing procedures to be set forth by
990rule of the department and shall be restricted to the activities
991within the scope of the respective classification as established
992in statute or by rule. In specifying classifications, the
993department may consider, but is not limited to, the following:
994     (1)  Whether the license sought is for commercial, public,
995or private applicator status.
996     (2)  The method of applying the restricted-use pesticide.
997     (3)  The specific crops upon which restricted-use
998pesticides are applied.
999     (4)  The proximity of populated areas to the land upon
1000which restricted-use pesticides are applied.
1001     (5)  The acreage under the control of the licensee.
1002     (6)  The pounds of technical restricted toxicant applied
1003per acre per year by the licensee.
1004     Section 27.  Section 487.045, Florida Statutes, is amended
1005to read:
1006     487.045  Fees.--
1007     (1)  The department shall establish applicable fees by
1008rule. The fees shall not exceed $250 for commercial applicators
1009or $100 for private applicators and public applicators, for
1010initial licensing and for each subsequent license renewal. The
1011fees shall be determined annually and shall represent department
1012costs associated with enforcement of the provisions of this part
1014     (2)  Fees collected under the provisions of this part
1015chapter shall be deposited into the General Inspection Trust
1016Fund and shall be used to defray expenses in the administration
1017of this part chapter.
1018     Section 28.  Subsection (2) of section 487.046, Florida
1019Statutes, is amended to read:
1020     487.046  Application; licensure.--
1021     (2)  If the department finds the applicant qualified in the
1022classification for which the applicant has applied, and if the
1023applicant applying for a license to engage in aerial application
1024of pesticides has met all of the requirements of the Federal
1025Aviation Agency and the Department of Transportation of this
1026state to operate the equipment described in the application and
1027has shown proof of liability insurance or posted a surety bond
1028in an amount to be set forth by rule of the department, the
1029department shall issue a certified applicator's license, limited
1030to the classifications for which the applicant is qualified. The
1031license shall expire as required by rules promulgated under this
1032part chapter, unless it has been revoked or suspended by the
1033department prior to expiration, for cause as provided in this
1034part chapter. The license or authorization card issued by the
1035department verifying licensure shall be kept on the person of
1036the licensee while performing work as a licensed applicator.
1037     Section 29.  Section 487.047, Florida Statutes, is amended
1038to read:
1039     487.047  Nonresident license; reciprocal agreement;
1040authorized purchase.--
1041     (1)  The department may waive all or part of the
1042examination requirements provided for in this part chapter on a
1043reciprocal basis with any other state or agency, or an Indian
1044tribe, that has substantially the same or better standards.
1045     (2)  Any nonresident applying for a license under this part
1046chapter to operate in the state shall file a Designation of
1047Registered Agent naming the Secretary of State as the agent of
1048the nonresident, upon whom process may be served in the event of
1049any suit against the nonresident. The designation shall be
1050prepared on a form provided by the department and shall render
1051effective the jurisdiction of the courts of this state over the
1052nonresident applicant. However, any nonresident who has a duly
1053appointed registered agent upon whom process may be served as
1054provided by law shall not be required to designate the Secretary
1055of State as registered agent. The Secretary of State shall be
1056allowed the registered-agent fees as provided by law for
1057designating registered agents. The department shall be furnished
1058with a copy of the designation of the Secretary of State or of a
1059registered agent which is certified by the Secretary of State.
1060The Secretary of State shall notify the department of any
1061service of process it receives as registered agent for persons
1062licensed under this part chapter.
1063     (3)  Restricted-use pesticides may be purchased by any
1064person who holds a valid applicator's license or who holds a
1065valid purchase authorization card issued by the department or by
1066a licensee under chapter 482 or chapter 388. A nonlicensed
1067person may apply restricted-use pesticides under the direct
1068supervision of a licensed applicator. An applicator's license
1069shall be issued by the department on a form supplied by it in
1070accordance with the requirements of this part chapter.
1071     Section 30.  Subsection (1) of section 487.049, Florida
1072Statutes, is amended to read:
1073     487.049  Renewal; late fee; recertification.--
1074     (1)  The department shall require renewal of a certified
1075applicator's license at 4-year intervals from the date of
1076issuance. If the application for renewal of any license provided
1077for in this part chapter is not filed on time, a late fee shall
1078be assessed not to exceed $50. However, the penalty shall not
1079apply if the renewal application is filed within 60 days after
1080the renewal date, provided the applicant furnishes an affidavit
1081certifying that he or she has not engaged in business subsequent
1082to the expiration of the license for a period not exceeding 60
1083days. A license may be renewed without taking another
1084examination unless the department determines that new knowledge
1085related to the classification for which the applicant has
1086applied makes a new examination necessary; however, the
1087department may require the applicant to provide evidence of
1088continued competency, as determined by rule. If the license is
1089not renewed within 60 days after of the expiration date, then
1090the licensee may again be required to take another examination,
1091unless there is some unavoidable circumstance which results in
1092the delay of the renewal of any license issued under this part
1093chapter which was not under the applicant's control.
1094     Section 31.  Paragraph (b) of subsection (1) and subsection
1095(2) of section 487.051, Florida Statutes, are amended to read:
1096     487.051  Administration; rules; procedure.--
1097     (1)  The department may by rule:
1098     (b)  Establish procedures for the taking and handling of
1099samples and establish tolerances and deficiencies where not
1100specifically provided for in this part chapter; assess
1101penalties; and prohibit the sale or use of pesticides or devices
1102shown to be detrimental to human beings, the environment, or
1103agriculture or to be otherwise of questionable value.
1104     (2)  The department is authorized to adopt by rule the
1105primary standards established by the United States Environmental
1106Protection Agency with respect to pesticides. If the provisions
1107of this part chapter are preempted in part by federal law, those
1108provisions not preempted shall apply. This part chapter is
1109intended as comprehensive and exclusive regulation of pesticides
1110in this state. Except as provided in chapters 373, 376, 388,
1111403, and 482, or as otherwise provided by law, no agency,
1112commission, department, county, municipality, or other political
1113subdivision of the state may adopt laws, regulations, rules, or
1114policies pertaining to pesticides, including their registration,
1115packaging, labeling, distribution, sale, or use, except that
1116local jurisdictions may adopt or enforce an ordinance pertaining
1117to pesticides if that ordinance is in the area of occupational
1118license taxes, building and zoning regulations, disposal or
1119spillage of pesticides within a water well zone, or pesticide
1120safety regulations relating to containment at the storage site.
1121     Section 32.  Subsection (4) of section 487.0615, Florida
1122Statutes, is amended to read:
1123     487.0615  Pesticide Review Council.--
1124     (4)  The council is defined as a "substantially interested
1125person" and has standing under chapter 120 in any proceeding
1126conducted by the department relating to the registration of a
1127pesticide under this part chapter. The standing of the council
1128shall in no way prevent individual members of the council from
1129exercising standing in these matters.
1130     Section 33.  Section 487.071, Florida Statutes, is amended
1131to read:
1132     487.071  Enforcement, inspection, sampling, and analysis.--
1133     (1)  The department is authorized to enter upon any public
1134or private premises or carrier where pesticides are known or
1135thought to be distributed, sold, offered for sale, held, stored,
1136or applied, during regular business hours in the performance of
1137its duties relating to pesticides and records pertaining to
1138pesticides. No person shall deny or refuse access to the
1139department when it seeks to enter upon any public or private
1140premises or carrier during business hours in performance of its
1141duties under this part chapter.
1142     (2)  The department is authorized and directed to sample,
1143test, inspect, and make analyses of pesticides sold, offered for
1144sale, distributed, or used within this state, at a time and
1145place and to such an extent as it may deem necessary, to
1146determine whether the pesticides or persons exercising control
1147over the pesticides are in compliance with the provisions of
1148this part chapter, the rules adopted under this part chapter,
1149and the provisions of the pesticide label or labeling.
1150     (3)  The official analysis shall be made from the official
1151sample. A sealed and identified sample, herein called "official
1152check sample" shall be kept until the analysis on the official
1153sample is completed. However, the registrant may obtain upon
1154request a portion of the official sample. Upon completion of the
1155analysis of the official sample, a true copy of the certificate
1156of analysis shall be mailed to the registrant of the pesticide
1157from whom the official sample was taken and also to the dealer
1158or agent, if any, and consumer, if known. If the official
1159analysis conforms with the provisions of this part chapter, the
1160official check sample may be destroyed. If the official analysis
1161does not conform with the provisions of this part chapter, the
1162rules adopted under this part chapter, and the provisions of the
1163pesticide label or labeling, the official check sample shall be
1164retained for a period of 90 days from the date of the
1165certificate of analysis of the official sample. If within that
1166time the registrant of the pesticide from whom the official
1167sample was taken makes demand for analysis by a referee chemist,
1168a portion of the official check sample sufficient for analysis
1169shall be sent to a referee chemist who is mutually acceptable to
1170the department and the registrant for analysis at the expense of
1171the registrant. Upon completion of the analysis, the referee
1172chemist shall forward to the department and to the registrant a
1173certificate of analysis bearing a proper identification mark or
1174number; and such certificate of analysis shall be verified by an
1175affidavit of the person or laboratory making the analysis. If
1176the certificate of analysis checks within 3 percent of the
1177department's analysis on each active ingredient for which
1178analysis was made, the mean average of the two analyses shall be
1179accepted as final and binding on all concerned. However, if the
1180referee's certificate of analysis shows a variation of greater
1181than 3 percent from the department's analysis in any one or more
1182of the active ingredients for which an analysis was made, upon
1183demand of either the department or the registrant from whom the
1184official sample was taken, a portion of the official check
1185sample sufficient for analysis shall be submitted to a second
1186referee chemist who is mutually acceptable to the department and
1187the registrant, at the expense of the party or parties
1188requesting the referee analysis. Upon completion of the
1189analysis, the second referee chemist shall make a certificate
1190and report as provided in this subsection for the first referee
1191chemist. The mean average of the two analyses nearest in
1192conformity shall be accepted as final and binding on all
1193concerned. If no demand is made for an analysis by a second
1194referee chemist, the department's certificate of analysis shall
1195be accepted as final and binding on all concerned.
1196     (4)  If a pesticide or device fails to comply with the
1197provisions of this part chapter with reference to the ingredient
1198statement reflecting the composition of the product, as required
1199on the registration and labeling, and the department
1200contemplates possible criminal proceedings against the person
1201responsible because of this violation, the department shall,
1202after due notice, accord the person an informal hearing or an
1203opportunity to present evidence and opinions, either orally or
1204in writing, with regard to such contemplated proceedings. If in
1205the opinion of the department the facts warrant, the department
1206may refer the facts to the state attorney for the county in
1207which the violation occurred, with a copy of the results of the
1208analysis or the examination of such article; provided that
1209nothing in this part chapter shall be construed as requiring the
1210department to report for prosecution minor violations whenever
1211it believes that the public interest will be subserved by a
1212suitable notice of warning in writing.
1213     (5)  It shall be the duty of each state attorney to whom
1214any such violation is reported to cause appropriate proceedings
1215to be instituted and prosecuted in a court of competent
1216jurisdiction without delay.
1217     (6)  The department shall, by publication in such manner as
1218it may prescribe, give notice of all judgments entered in
1219actions instituted under the authority of this part chapter.
1220     (7)(a)  The department may analyze pesticide samples upon
1221request in a manner consistent with this part chapter.
1222     (b)  The department shall establish by rule a fee schedule
1223for pesticide samples analyzed upon request. The fees shall be
1224sufficient to cover the costs to the department for taking the
1225samples and performing the analysis. However, no fee shall
1226exceed $400 per test.
1227     (c)  The department shall keep separate records with
1228respect to requested pesticide analyses, including the pesticide
1229analyzed, tests performed, fees collected, the name and address
1230of the person who requested the analysis, and the name and
1231address of the registrant.
1232     (d)  All fees collected pursuant to this subsection shall
1233be deposited into the General Inspection Trust Fund and shall be
1234used by the department to implement this subsection.
1235     (e)  In addition to any other penalty provided by this part
1236chapter, the registrant of any pesticide found to be
1237adulterated, misbranded, or otherwise deficient shall reimburse
1238the person requesting the pesticide analysis under this
1239subsection for all fees assessed by and paid to the department.
1240     Section 34.  Subsections (2), (3), and (4) of section
1241487.081, Florida Statutes, are amended to read:
1242     487.081  Exemptions.--
1243     (2)  No article shall be deemed in violation of this part
1244chapter when intended solely for export to a foreign country and
1245when prepared or packed according to the specifications or
1246directions of the purchaser.
1247     (3)  Notwithstanding any other provision of this part
1248chapter, registration required under this part chapter is not
1249required in the case of a pesticide stored or shipped from one
1250manufacturing plant within this state to another manufacturing
1251plant within this state operated by the same person.
1252     (4)  Nothing in this part chapter shall be construed to
1253apply to persons duly licensed or certified under chapter 388 or
1254chapter 482 performing any pest control or other operation for
1255which they are licensed or certified under those chapters.
1256     Section 35.  Subsection (2) of section 487.091, Florida
1257Statutes, is amended to read:
1258     487.091  Tolerances, deficiencies, and penalties.--
1259     (2)  If a pesticide is found by analysis to be deficient in
1260an active ingredient beyond the tolerance as provided in this
1261part chapter, the registrant is subject to a penalty for the
1262deficiency, not to exceed $10,000 per violation. However, no
1263penalty shall be assessed when the official sample was taken
1264from a pesticide that was in the possession of a consumer for
1265more than 45 days from the date of purchase by that consumer, or
1266when the product label specifies that the product should be used
1267by an expiration date that has passed. Procedures for assessing
1268penalties shall be established by rule, based on the degree of
1269the deficiency. Penalties assessed shall be paid to the consumer
1270or, in the absence of a known consumer, the department. If the
1271penalty is not paid within the prescribed period of time as
1272established by rule, the department may deny, suspend, or revoke
1273the registration of any pesticide.
1274     Section 36.  Section 487.101, Florida Statutes, is amended
1275to read:
1276     487.101  Stop-sale, stop-use, removal, or hold orders.--
1277     (1)  When a pesticide or device is being offered or exposed
1278for sale, used, or held in violation of any of the provisions of
1279this part chapter, the department may issue and enforce a stop-
1280sale, stop-use, removal, or hold order, in writing, to the owner
1281or custodian of the pesticide or device, ordering that the
1282pesticide or device be held at a designated place until the part
1283chapter has been complied with and the pesticide or device is
1284released, in writing, by the department or the violation has
1285been disposed of by court order.
1286     (2)  The written notice is warning to all persons,
1287including, but not limited to, the owner or custodian of the
1288pesticide or the owner's or custodian's agents or employees, to
1289scrupulously refrain from moving, bothering, altering, or
1290interfering with the pesticide or device or from altering,
1291defacing, or in any way interfering with the written notice or
1292permitting the same to be done. The willful violation of these
1293provisions is a misdemeanor, subjecting the violator to the
1294penalty provisions of this part chapter.
1295     (3)  The department shall release the pesticide or device
1296under a stop-sale, stop-use, removal, or hold order when the
1297owner or custodian complies with the provisions of this part
1299     (4)  The owner or custodian, with authorization and
1300supervision of the department, may relabel the pesticide or
1301device so that the label will conform to the product, or
1302transfer and return the product to the manufacturer or supplier
1303for the purpose of bringing the product in compliance with the
1304provisions of this part chapter.
1305     Section 37.  Subsection (1) of section 487.111, Florida
1306Statutes, is amended to read:
1307     487.111  Seizure, condemnation, and sale.--
1308     (1)  Any lot of pesticide or device not in compliance with
1309the provisions of this part chapter is subject to seizure on
1310complaint of the department to the circuit court in the county
1311in which the pesticide or device is located. In the event the
1312court finds the pesticide or device in violation of this part
1313chapter and orders it condemned, it shall be disposed of as the
1314court may direct; provided that in no instance shall the
1315disposition of the pesticide or device be ordered by the court
1316without first giving the owner or custodian an opportunity to
1317apply to the court for release of the pesticide or device or for
1318permission to process or relabel it to bring it into compliance
1319with this part chapter.
1320     Section 38.  Section 487.13, Florida Statutes, is amended
1321to read:
1322     487.13  Cooperation.--The department is authorized and
1323empowered to cooperate with and enter into agreements with any
1324other agency of this state, the United States Department of
1325Agriculture, the United States Environmental Protection Agency,
1326and any other state or federal agency for the purpose of
1327carrying out the provisions of this part chapter and securing
1328uniformity of regulations.
1329     Section 39.  Section 487.156, Florida Statutes, is amended
1330to read:
1331     487.156  Governmental agencies.--All governmental agencies
1332shall be subject to the provisions of this part chapter and
1333rules adopted under this part chapter. Public applicators using
1334or supervising the use of restricted-use pesticides shall be
1335subject to examination as provided in s. 487.044.
1336     Section 40.  Subsection (1) of section 487.159, Florida
1337Statutes, is amended to read:
1338     487.159  Damage or injury to property, animal, or person;
1339mandatory report of damage or injury; time for filing; failure
1340to file.--
1341     (1)  The person claiming damage or injury to property,
1342animal, or human beings from application of a pesticide shall
1343file with the department a written statement claiming damages,
1344on a form prescribed by the department, within 48 hours after
1345the damage or injury becomes apparent. The statement shall
1346contain, but shall not be limited to, the name of the person
1347responsible for the application of the pesticide, the name of
1348the owner or lessee of the land on which the crop is grown and
1349for which the damages are claimed, and the date on which it is
1350alleged that the damages occurred. The department shall
1351investigate the alleged damages and notify all concerned parties
1352of its findings. If the findings reveal a violation of the
1353provisions of this part chapter, the department shall determine
1354an appropriate penalty, as provided in this part chapter. The
1355filing of a statement or the failure to file such a statement
1356need not be alleged in any complaint which might be filed in a
1357court of law, and the failure to file the statement shall not be
1358considered any bar to the maintenance of any criminal or civil
1360     Section 41.  Section 487.161, Florida Statutes, is amended
1361to read:
1362     487.161  Exemptions, nonagricultural pest control and
1364     (1)  Any person duly licensed or certified under chapter
1365482, or under the supervision of chapter 388, is exempted from
1366the licensing provisions of this part chapter.
1367     (2)  The use of the antibiotic oxytetracycline
1368hydrochloride for the purpose of controlling lethal yellowing is
1369exempted from the licensing provisions of this part chapter.
1370     (3)  The personnel of governmental, university, or
1371industrial research agencies are exempted from the provisions of
1372this part chapter when doing applied research within a
1373laboratory, but shall comply with all the provisions of this
1374part chapter when applying restricted-use pesticides to
1375experimental or demonstration plots.
1376     Section 42.  Section 487.163, Florida Statutes, is amended
1377to read:
1378     487.163  Information; interagency cooperation.--
1379     (1)  The department may, in cooperation with the University
1380of Florida or other agencies of government, publish information
1381and conduct short courses of instruction in the safe use and
1382application of pesticides for the purpose of carrying out the
1383provisions of this part chapter.
1384     (2)  The department may cooperate or enter into formal
1385agreements with any other agency or educational institution of
1386this state or its subdivisions or with any agency of any other
1387state or of the Federal Government for the purpose of carrying
1388out the provisions of this part chapter and of securing
1389uniformity of regulations.
1390     Section 43.  Subsections (1), (2), and (3) of section
1391487.171, Florida Statutes, are amended to read:
1392     487.171  Classification of antifouling paint containing
1393organotin compounds as restricted-use pesticides; prohibition of
1394distribution and sale.--
1395     (1)  The department shall classify antifouling paints
1396containing organotin compounds having an acceptable release rate
1397as restricted-use pesticides subject to the requirements of this
1398part chapter. Antifouling paints containing organotin having
1399acceptable release rates and sold in spray cans of 16 ounces
1400avoirdupois weight or less for outboard motor or lower unit use
1401are exempt from the restricted-use pesticide classification
1403     (2)  The department shall initiate action under chapter
1404120, to deny or cancel the registration of antifouling paints
1405containing organotin compounds which do not have an acceptable
1406release rate or do not meet other criteria established by the
1407department in accordance with this part chapter.
1408     (3)  Distribution, sale, and use of antifouling paints
1409containing organotin compounds with acceptable release rates
1410shall be limited to dealers and applicators licensed by the
1411department in accordance with this part chapter, to distribute,
1412sell, or use restricted-use pesticides. Such paint may be
1413applied only by licensed applicators and may be applied only to
1414vessels which exceed 25 meters in length or which have aluminum
1416     Section 44.  Section 487.175, Florida Statutes, is amended
1417to read:
1418     487.175  Penalties; administrative fine; injunction.--
1419     (1)  In addition to any other penalty provided in this part
1420chapter, when the department finds any person, applicant, or
1421licensee has violated any provision of this part chapter or rule
1422adopted under this part chapter, it may enter an order imposing
1423any one or more of the following penalties:
1424     (a)  Denial of an application for licensure.
1425     (b)  Revocation or suspension of a license.
1426     (c)  Issuance of a warning letter.
1427     (d)  Placement of the licensee on probation for a specified
1428period of time and subject to conditions the department may
1429specify by rule, including requiring the licensee to attend
1430continuing education courses, to demonstrate competency through
1431a written or practical examination, or to work under the direct
1432supervision of another licensee.
1433     (e)  Imposition of an administrative fine not to exceed
1434$10,000 for each violation. When imposing any fine under this
1435paragraph, the department shall consider the degree and extent
1436of harm caused by the violation, the cost of rectifying the
1437damage, the amount of money the violator benefited from by
1438noncompliance, whether the violation was committed willfully,
1439and the compliance record of the violator.
1440     (2)  Any person who violates any provision of this part
1441chapter or rules adopted pursuant thereto commits a misdemeanor
1442of the second degree and upon conviction is punishable as
1443provided in s. ss. 775.082 or s. and 775.083. For a subsequent
1444violation, such person commits a misdemeanor of the first degree
1445and upon conviction is punishable as provided in s. ss. 775.082
1446or s. and 775.083.
1447     (3)  In addition to the remedies provided in this part
1448chapter and notwithstanding the existence of any adequate remedy
1449at law, the department may bring an action to enjoin the
1450violation or threatened violation of any provision of this part
1451chapter, or rule adopted under this part chapter, in the circuit
1452court of the county in which the violation occurred or is about
1453to occur. Upon the department's presentation of competent and
1454substantial evidence to the court of the violation or threatened
1455violation, the court shall immediately issue the temporary or
1456permanent injunction sought by the department. The injunction
1457shall be issued without bond. A single act in violation of any
1458provision of this part chapter shall be sufficient to authorize
1459the issuance of an injunction.
1460     Section 45.  Subsection (1) of section 482.242, Florida
1461Statutes, is amended to read:
1462     482.242  Preemption.--
1463     (1)  This chapter is intended as comprehensive and
1464exclusive regulation of pest control in this state. The
1465provisions of this chapter preempt to the state all regulation
1466of the activities and operations of pest control services,
1467including the pesticides used pursuant to labeling and
1468registration approved under part I of chapter 487. No local
1469government or political subdivision of the state may enact or
1470enforce an ordinance that regulates pest control, except that
1471the preemption in this section does not prohibit a local
1472government or political subdivision from enacting an ordinance
1473regarding any of the following:
1474     (a)  Local occupational licenses adopted pursuant to
1475chapter 205.
1476     (b)  Land development regulations adopted pursuant to
1477chapter 163 which include regulation of any aspect of
1478development, including a subdivision, building construction,
1479sign regulation or any other regulation concerning the
1480development of land, or landscaping or tree protection
1481ordinances which do not include pesticide application
1483     (c)  Regulations that:
1484     1.  Require, for multicomplex dwellings in excess of 10
1485units, annual termite inspections for termite activity or
1486damage, including Formosan termites, which must be performed by
1487a person licensed under this chapter.
1488     2.  Require pest control treatments of structures that have
1489termite activity or damage which must be performed by a person
1490licensed under this chapter.
1491     3.  Require property owners or other persons to obtain
1492inspections or pest control treatments performed by a person
1493licensed under this chapter.
1495An ordinance by a local government or political subdivision
1496which requires an annual inspection or pest control treatment
1497must conform to current law.
1498     (d)  Protection of wellhead protection areas and high
1499recharge areas.
1500     (e)  Hazardous materials reporting as set forth in part II
1501of chapter 252, storage, and containment including as relating
1502to stormwater management.
1503     (f)  Hazardous material unlawful discharge and disposal.
1504     (g)  Hazardous materials remediation.
1505     Section 46.  Section 487.2011, Florida Statutes, is created
1506to read:
1507     487.2011  Popular name; administration.--This part may be
1508known by the popular name the "Florida Agricultural Worker
1509Safety Act" and shall be administered by the Department of
1510Agriculture and Consumer Services.
1511     Section 47.  Section 487.2021, Florida Statutes, is created
1512to read:
1513     487.2021  Legislative intent.--It is the intent of the
1514Legislature to ensure that agricultural workers employed in the
1515state receive protection from agricultural pesticides. The
1516Legislature intends to ensure that agricultural workers be given
1517information concerning agricultural pesticides.
1518     Section 48.  Section 487.2031, Florida Statutes, is created
1519to read:
1520     487.2031  Definitions.--For the purposes of this part, the
1522     (1)  "Agricultural employer" means any person who hires or
1523contracts for the services of workers to perform activities
1524related to the production of agricultural plants or any person
1525who is an owner of, or responsible for, the management or
1526condition of an agricultural establishment that uses such
1528     (2)  "Agricultural establishment" means any farm, forest,
1529nursery, or greenhouse.
1530     (3)  "Agricultural plant" means any plant grown or
1531maintained for commercial or research purposes and includes, but
1532is not limited to, food, feed, fiber plants, trees, turfgrass,
1533flowers, shrubs, ornamentals, and seedlings.
1534     (4)  "Department" means the Department of Agriculture and
1535Consumer Services.
1536     (5)  "Designated representative" means any organization or
1537person to whom a worker gives written authorization to exercise
1538the right to request the agricultural pesticide information
1539pursuant to this part.
1540     (6)  "Fact sheet" means an agricultural pesticide fact
1541sheet approved by the state or federal government that provides
1542information about the impacts of the use of an agricultural
1544     (7)  "Material safety data sheet" means written or printed
1545material concerning an agricultural pesticide that sets forth
1546the following information:
1547     (a)  The chemical name and the common name of the
1548agricultural pesticide.
1549     (b)  The hazards or other risks in the use of the
1550agricultural pesticide, including:
1551     1.  The potential for fire, explosions, corrosivity, and
1553     2.  The known acute health effects and chronic health
1554effects of exposure to the agricultural pesticide, including
1555those medical conditions that are generally recognized as being
1556aggravated by exposure to the agricultural pesticide.
1557     3.  The primary routes of entry and symptoms of
1559     (c)  The proper handling practices, necessary personal
1560protective equipment, and other proper or necessary safety
1561precautions in circumstances that involve the use of or exposure
1562to the agricultural pesticide, including appropriate emergency
1563treatment in case of overexposure.
1564     (d)  The emergency procedures for spills, fire, disposal,
1565and first aid.
1566     (e)  A description of the known specific potential health
1567risks posed by the agricultural pesticide, which is written in
1568lay terms and is intended to alert any person who reads the
1570     (f)  The year and month, if available, that the information
1571was compiled and the name, address, and emergency telephone
1572number of the manufacturer responsible for preparing the
1574     (8)  "Retaliatory action" means an action, such as
1575dismissal, demotion, harassment, blacklisting with other
1576employers, reducing pay or work hours, or taking away company
1577housing, that is taken by any agricultural employer against a
1578worker who exercises any right under the provisions of the
1579United States Environmental Protection Agency Worker Protection
1580Standard, 40 C.F.R. s. 1707(b), or this part.
1581     (9)  "Trainer" means any person who is qualified to train
1582workers under the pesticide safety training requirements of the
1583United States Environmental Protection Agency Worker Protection
1584Standard, 40 C.F.R. s. 170.130.
1585     (10)  "Worker" means any person, including a farmworker or
1586a self-employed person, who receives any type of compensation
1587for employment that involves tasks relating to the production of
1588agricultural plants on an agricultural establishment. The term
1589"worker" does not include any person employed by a commercial
1590pesticide handling establishment to perform tasks as a crop
1592     Section 49.  Section 487.2041, Florida Statutes, is created
1593to read:
1594     487.2041  Enforcement of federal worker protection
1595regulations.--The department shall, to the extent that resources
1596are available, continue to operate under the United States
1597Environmental Protection Agency regulations regarding the
1598Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
1599156, and the Worker Protection Standard, 40 C.F.R. part 170,
1600which the department adopted by rule during the 1995-1996 fiscal
1601year and published in the Florida Administrative Code. Any
1602provision of this part not preempted by federal law shall
1603continue to apply.
1604     Section 50.  Section 487.2051, Florida Statutes, is created
1605to read:
1606     487.2051  Availability of agricultural pesticide
1607information to workers and medical personnel.--
1608     (1)  An agricultural employer shall make available
1609agricultural pesticide information concerning any agricultural
1610pesticide to any worker:
1611     (a)  Who enters an agricultural-pesticide-treated area on
1612an agricultural establishment where:
1613     1.  An agricultural pesticide has been applied within 30
1614days of that entry; or
1615     2.  A restricted-entry interval has been in effect; or
1616     (b)  Who may be exposed to the agricultural pesticide
1617during normal conditions of use or in a foreseeable emergency.
1618     (2)  The agricultural pesticide information provided
1619pursuant to subsection (1) must be in the form of a fact sheet
1620or a material safety data sheet. The agricultural employer shall
1621provide a written copy of the information provided pursuant to
1622subsection (1) within 2 working days after a request for the
1623information by a worker or a designated representative. In the
1624case of a pesticide-related medical emergency, the agricultural
1625employer shall provide a written copy of the information
1626promptly upon the request of the worker, the designated
1627representative, or medical personnel treating the worker.
1628     (3)  Upon the initial purchase of a product and with the
1629first purchase after the material safety data sheet is updated,
1630the distributor, manufacturer, or importer of agricultural
1631pesticides shall obtain or develop and provide each direct
1632purchaser of an agricultural pesticide with a material safety
1633data sheet. If the material safety data sheet or fact sheet for
1634the agricultural pesticide is not available when the
1635agricultural pesticide is purchased, the agricultural employer
1636shall take appropriate and timely steps to obtain the material
1637safety data sheet or fact sheet from the distributor, the
1638manufacturer, the department, a federal agency, or another
1639distribution source.
1640     (4)  The department shall produce and make available to a
1641trainer a one-page general agricultural pesticide safety sheet.
1642The safety sheet must be in a language understandable to the
1643worker and must include, but need not be limited to, illustrated
1644instructions on preventing agricultural pesticide exposure and
1645toll-free telephone numbers to the Florida Poison Control
1646Centers. The trainer shall provide the safety sheet to the
1647worker pursuant to the United States Environmental Protection
1648Agency Worker Protection Standard, 40 C.F.R. s. 170.130.
1649     Section 51.  Section 487.2061, Florida Statutes, is created
1650to read:
1651     487.2061  Prohibited acts.--Any person covered by this part
1652may not:
1653     (1)  Fail to provide agricultural pesticide information as
1654required in this part; or
1655     (2)  Take retaliatory action.
1656     Section 52.  Section 487.2071, Florida Statutes, is created
1657to read:
1658     487.2071  Penalties against violators; worker relief;
1659monitoring complaints of retaliation.--
1660     (1)  Penalties set forth in this part shall be applied to
1661any person who violates this part. A persons who violates this
1662part is subject to federal penalties as provided in the United
1663States Environmental Protection Agency Worker Protection
1664Standard, 40 C.F.R. s. 170.9(b).
1665     (2)  A worker who has been subject to retaliatory action
1666and seeks relief under this section may file a complaint with
1667the department.
1668     (3)  In any action brought pursuant to this section that
1669involves retaliatory action, if the retaliatory action is
1670predicated on the disclosure by a worker of an illegal action,
1671policy, or practice of any person covered by this part to an
1672appropriate governmental agency, the worker may not be required
1673to show that the disclosure was under oath or in writing or that
1674the worker notified the employer in writing of the illegal
1675action, policy, or practice.
1676     (4)  The department shall monitor all complaints of
1677retaliation that it receives and report its findings to the
1678President of the Senate and the Speaker of the House of
1679Representatives on or before October 1, 2008. The report shall
1680include the number of such complaints received, the
1681circumstances surrounding the complaints, and the actions taken
1682concerning the complaints.
1683     Section 53.  Paragraph (x) of subsection (1) of section
1684500.03, Florida Statutes, is amended to read:
1685     500.03  Definitions; construction; applicability.--
1686     (1)  For the purpose of this chapter, the term:
1687     (x)  "Pesticide chemical" means any substance which, alone,
1688in chemical combination, or in formulation with one or more
1689other substances is a "pesticide" within the meaning of the
1690Florida Pesticide Law, part I of chapter 487, and which is used
1691in the production, storage, or transportation of raw
1692agricultural commodities.
1693     Section 54.  Subsections (1) and (6) of section 570.44,
1694Florida Statutes, are amended to read:
1695     570.44  Division of Agricultural Environmental Services;
1696powers and duties.--The duties of the Division of Agricultural
1697Environmental Services include, but are not limited to:
1698     (1)  Inspecting and drawing samples of: commercial feeds
1699offered for sale in this state and enforcing those provisions of
1700chapter 580 authorized by the department; seeds offered for sale
1701in this state and enforcing those provisions of chapter 578
1702authorized by the department; certified seed grown in this
1703state; fertilizers offered for sale in this state and enforcing
1704those provisions of chapter 576 authorized by the department;
1705and pesticides offered for sale in this state, and soil and
1706water in this state for the presence of pesticides, and
1707enforcing those provisions of part I of chapter 487 authorized
1708by the department.
1709     (6)  Analyzing samples of pesticide formulations offered
1710for sale in this state and tank mix, soil, water, and other
1711environmental samples related to pesticide use investigations,
1712as required under part I of chapter 487.
1713     Section 55.  Subsection (7) of section 440.16, Florida
1714Statutes, is amended to read:
1715     440.16  Compensation for death.--
1716     (7)  Compensation under this chapter to aliens not
1717residents (or about to become nonresidents) of the United States
1718or Canada shall be the same in amount as provided for residents,
1719except that dependents in any foreign country shall be limited
1720to surviving spouse and child or children, or if there be no
1721surviving spouse or child or children, to surviving father or
1722mother whom the employee has supported, either wholly or in
1723part, for the period of 1 year prior to the date of the injury,
1724and except that the judge of compensation claims may, at the
1725option of the judge of compensation claims, or upon the
1726application of the insurance carrier, commute all future
1727installments of compensation to be paid to such aliens by paying
1728or causing to be paid to them one-half of the commuted amount of
1729such future installments of compensation as determined by the
1730judge of compensation claims, and provided further that
1731compensation to dependents referred to in this subsection shall
1732in no case exceed $75,000.
1733     Section 56.  The Division of Statutory Revision is
1734requested to designate sections 487.011-487.175, Florida
1735Statutes, as part I of chapter 487, entitled the "Florida
1736Pesticide Law," and sections 487.2011-487.2071, Florida
1737Statutes, as created by this act, as part II of that chapter,
1738entitled the "Florida Agricultural Worker Safety Act."
1739     Section 57.  This act shall take effect July 1, 2004.
1741================= T I T L E  A M E N D M E N T =================
1742     Remove the entire title and insert:
A bill to be entitled
1744An act relating to agricultural and migrant labor;
1745amending s. 381.008, F.S.; revising a definition; amending
1746s. 381.0086, F.S.; requiring the Department of Health to
1747adopt rules relating to residential migrant housing;
1748providing guidelines for the filing of interstate
1749clearance orders; amending s. 381.0087, F.S.; revising a
1750provision relating to who may issue certain citations;
1751requiring the department to provide notice of suspected
1752violations; amending s. 403.088, F.S.; clarifying a
1753provision relating to water pollution operation permits;
1754amending s. 450.191, F.S.; authorizing and directing the
1755Executive Office of the Governor to advise and consult on
1756certain issues relating to migrant and seasonal workers;
1757directing the office to coordinate enforcement of certain
1758provisions with the Department of Business and
1759Professional Regulation; including farm labor contractors
1760in the enforcement of certain laws; authorizing and
1761directing the office to cooperate with the Agency for
1762Workforce Innovation in the recruitment and referral of
1763migrant workers and certain other laborers; amending s.
1764450.201, F.S.; renaming the Legislative Commission on
1765Migrant Labor as the Legislative Commission on Migrant and
1766Seasonal Labor; providing a deadline for appointments to
1767the commission; providing a deadline for the commission's
1768first meeting; amending s. 450.231, F.S.; providing a
1769deadline for certain reports; amending s. 450.27, F.S.;
1770providing a popular name; amending s. 450.271, F.S.;
1771authorizing the department to enter into certain
1772agreements with the Secretary of Labor of the United
1773States; amending s. 450.28, F.S.; providing definitions;
1774amending s. 450.30, F.S.; revising requirements for
1775retaking examinations for renewal of certificates of
1776registration; requiring fees for certain programs to be
1777deposited in the Professional Regulation Trust Fund;
1778amending s. 450.31, F.S.; providing criteria for issuance
1779or renewal of certificates of registration; authorizing
1780payment for certificates of registration by cashier's
1781check; increasing the application fee for such
1782registration; requiring fees to be deposited in the
1783Professional Regulation Trust Fund; providing criteria for
1784revocation, suspension, or refusal to issue or renew
1785certificates of registration; conforming a provision;
1786providing criteria for permanent revocation or refusal to
1787issue or renew certificates of registration; authorizing
1788the department to inspect certain documents upon receipt
1789and acceptance of a certificate of registration; creating
1790s. 450.321, F.S.; creating the best practices incentive
1791program for farm labor contractors; requiring farm labor
1792contractors to meet certain requirements; restricting the
1793transfer or unauthorized use of best practices
1794designations; authorizing the department to enter into
1795certain partnership agreements; authorizing the department
1796to revoke certain designations; providing that certain
1797designations are not department endorsements; limiting
1798certain civil liability of the department; requiring the
1799department to establish an incentive program; amending s.
1800450.33, F.S.; removing department requirements for the
1801suspension or revocation of farm labor contractors'
1802certificates of registration; requiring farm labor
1803contractors to keep certain records; amending s. 450.34,
1804F.S.; providing certain prohibited acts for farm labor
1805contractors; amending s. 450.35, F.S.; prohibiting certain
1806contracts or employment; providing penalties; amending s.
1807450.37, F.S.; authorizing the department to enter into
1808agreements with other state agencies for certain purposes;
1809amending s. 450.38, F.S.; providing civil and criminal
1810penalties for minor and major violations; increasing
1811certain civil penalties; authorizing payment of certain
1812civil penalties by cashier's check; removing authorization
1813to pay certain civil penalties by cash; increasing the
1814scope of where a complaint may be filed; providing for a
1815warning to contractors committing minor violations;
1816providing civil penalties for contractors committing major
1817violations; creating s. 450.39, F.S.; providing guidelines
1818for the sale of certain commodities to farmworkers;
1819providing a definition; amending s. 487.011, F.S.;
1820providing a popular name; amending ss. 487.012, 487.021,
1821487.025, 487.031, 487.041, 487.0435, 487.045, 487.046,
1822487.047, 487.049, 487.051, 487.0615, 487.071, 487.081,
1823487.091, 487.101, 487.111, 487.13, 487.156, 487.159,
1824487.161, 487.163, 487.171, and 487.175, F.S.; revising
1825references to make the "Florida Pesticide Law" part I of
1826ch. 487, F.S.; amending s. 482.242, F.S.; clarifying a
1827provision relating to the labeling and registration of
1828approved pesticides; creating s. 487.2011, F.S., the
1829"Florida Agricultural Worker Safety Act"; providing for
1830administration by the Department of Agriculture and
1831Consumer Services; creating s. 487.2021, F.S.; providing
1832legislative intent; creating s. 487.2031, F.S.; providing
1833definitions; creating s. 487.2041, F.S.; providing
1834enforcement of federal worker protection regulations;
1835creating s. 487.2051, F.S.; requiring agricultural
1836employers to make certain pesticide information available;
1837creating s. 487.2061, F.S.; prohibiting certain acts;
1838creating s. 487.2071, F.S.; providing penalties; requiring
1839monitoring and reporting of complaints; amending ss.
1840500.03 and 570.44, F.S.; clarifying provisions relating to
1841the definition of the term "pesticide chemical" and duties
1842of the Division of Agricultural Environmental Services,
1843respectively; amending s. 440.16, F.S.; deleting a
1844provision relating to compensation paid to dependents of
1845aliens; directing the Division of Statutory Revision to
1846designate parts I and II of ch. 487, F.S.; providing an
1847effective date.

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