[Regulatory Affairs] Florida Update

As a front row observer of many hurricanes, I use storm analogies very sparingly. My personal experiences, spanning Betsy in 1965 to Ike in 2008, have shown me these weather systems have the power and potential to uproot lives, change economies and displace industries for generations. However, even as a relative newcomer to Florida, I can make a fairly accurate prediction for this legislative session in these terms: lots of activity in Tallahassee! The most significant movement known so far is a series of amendments and additions to Chapter 482, F.S. Supported by Agriculture Commissioner Charles Bronson, the changes are intended to clarify and strengthen regulation of structural pest control in the interests of Florida consumers.

The proposed language modifies sections that are obsolete, unclear or unenforceable. Department of Agriculture and Consumer Services (DACS) officials have been working with the Florida Pest Management Association, its Government Affairs Committee and industry groups on the exact wording of draft legislation. Items being discussed include:

482.021 Definitions – Modifies the Certified Operator in Charge to allow more flexibility in supervising employees in multiple locations; language changes will more accurately reflect the operations of many companies.

482.051 Rules – Requires that licensees perform an inspection prior to issuing a termite control contract on existing structures, considered by many to be a consumer protection provision. Elsewhere in 482.051, the notice of fumigation to the department was updated to reflect more contemporary means of communication: facsimile was added, telegraph was deleted and, to allow for changing technologies, “any form of acceptable electronic communication” was allowed.

482.071 Licenses – Minimum insurance limits of liability were increased for bodily injury to $250,000 per person and $ 500,000, per occurrence, and for property damage to $250,000 per occurrence and $500,000 aggregate. A combined single limit of $500,000 aggregate also was allowed. 

482.091 Employee identification cards, and 482.152 Duties of certified operator in charge of pest control activities of licensee – Changes proposed reflect a consistency in the term “supervision.”

482.163 Responsibility for pest control activities of employees – This change would make licensees responsible for employees’ actions, preventing companies from violating laws without regulatory liability. Changes in this section would require the department to immediately notify the licensee and certified operator in charge when the results of any inspection or investigation initiates any administrative action against an employee of the licensee or certified operator in charge so that corrective action may be taken.

482.211 Exemptions – The changes would eliminate the infamous “yardman exemption” which allowed for commercial businesses to apply lawn pesticides without licenses or training.

482.226 Wood destroying organism inspection report; minimum financial responsibility in the form of errors and omissions (professional liability) insurance coverage – Increases the minimum limits of insurance to $250,000 per occurrence and $250,000 aggregate, or to have equity or net worth at least $500,000. 

And that’s not all. New sections to the proposed law included:

482.072 Telephone call centers – Grants DACS the authority to regulate call centers like a standard pest control business; the law addressed new technologies and potential business models for pest control businesses.

482.157 Limited certification for commercial wildlife management personnel – Creates a new limited licensing category to establish operations and distinguish it from a General Household Pest license.

OTHER CONCERNS. Local ordinances are currently under consideration in two cities, three counties and by the Tampa Bay Regional Planning Commission, making for up to 17 jurisdictions restricting the application of fertilizer so far. In a state where more than 40 percent of structural pest management businesses perform some type of lawn service, these ordinances have a significant impact on Florida pest management.

Many of these local regulations include a four-month “blackout” period and “setbacks” around bodies of water. With the failure of statewide preemption in last year’s session, it remains to be seen if an industry group or courageous politician will champion this cause in the 2009 Regular Session.

A common complaint of “environmental” groups favoring more restrictive ordinances is the “weed and feed” exemption — a feature of the statewide pesticide preemption law. In addition to the work of the FPMA Government Affairs Committee, constant vigilance will be necessary to protect this statute.
FPMA members will be “watching the skies” this political season and preparing as only Floridians do, ready to protect and defend their industry from the storm clouds that may gather over Tallahassee….

The author is executive vice president of the Florida Pest Management Association.

Congressional Update

Gene Harrington, director of government affairs for NPMA, said legislation on four main areas could come before Congress and impact pest management professionals:

Chemical Security. The Department of Homeland Security has regulations governing the storage and transport of certain chemicals and there are several bills Congress could use to expand those rules to cover more of the industry, Harrington said.

Bed Bug Legislation (H.R. 6068). A bill introduced last year would establish a program to allow states to give grant money to hotels to better safeguard against bed bug infestations. Harrington said NPMA is working with the bill’s sponsor to improve it and create more support.

Pest Management in Schools (H.R. 3290). This topic has “probably got more legs than it’s had in several years,” Harrington said. “I think it’s a more viable prospect. A bill passing on school pest management is a very good possibility.” This bill could restrict pesticide use, mandate notification and create more bureaucracy for PCOs.

Insecticides on Airplanes (H.R. 2881 and H.R. 6335). A bill regulating chemical usage on planes “has tremendous support” from key members of the House, Harrington said. A similar bill passed the House last year, but died in the Senate. It would have prevented airlines from using insecticides unless they notified prospective passengers. 

“All those bills could be in the hopper in six months,” Harrington said. “It’s going to be a very busy year. It will be very different.”

Bob Rosenberg, NPMA’s senior vice president, said having a Democrat-controlled government, while worrisome, is not necessarily terrible news for the industry. “(It’s) going to be a lot more challenging. That’s obvious. We’re going to have to be more vigilant,” Rosenberg said. “We’ve had kind of a free ride for almost eight years now and we’re not going to have it after January. We have done well when we had a Democrat in the White House — it’s not an absolute given that there’s a train wreck ahead. We’ll just have to work harder.”

Visit www.pctonline.com/podcasts to hear more from Rosenberg about what PCOs can do to work with their elected officials. — Chuck Bowen

Chuck Todd of NBC News to Speak at NPMA Legislative Day

The National Pest Management Association (NPMA) recently announced that Chuck Todd of NBC News will address attendees at Legislative Day 2009, March 2-3 in Washington, D.C.  Legislative Day 2009, sponsored by FMC Professional Solutions, will be held downtown at the Mayflower Hotel.

NPMA represents and promotes the pest management industry’s legislative agenda to federal lawmakers all year. But no voice carries more weight with an elected official than their constituents. Moreover, there are more than 60 new members of Congress — meaning that greater than one in 10 lawmakers is a freshman. More than ever, pest management professionals need to establish relationships with their members of Congress and their staff. NPMA’s Legislative Day is a once-a-year opportunity for pest management industry members to come to Capitol Hill and speak directly with their elected U.S. Senators and Representatives – sharing information and articulating concerns to increase awareness and support for the pest management industry.

During the 2008 presidential race, perhaps no journalist was more visible than NBC News Political Director Chuck Todd. Todd serves as the political analyst for NBC Nightly News, Meet the Press and the Today show. At NPMA’s Legislative Day 2009, Todd’s keynote presentation, sponsored by Dow AgroSciences, will offer a comprehensive picture of today’s political landscape and will address what the Obama presidency will mean for America.

“For twenty-two years, Legislative Day has been characterized as the industry lobbying opportunity,” said NPMA’s Senior Vice President Bob Rosenberg. “Attending Legislative Day is an investment in the industry and never has there been a more important and necessary opportunity to make that investment than in 2009. I strongly encourage PMPs to join us on Capitol Hill in March.”
Legislative Day combines visits with lawmakers and their staff with an educational program and keynote presentations. Visit www.npmapestworld.org or call 703/352.6762 for more information.