Registry of Pesticide --- Sensitive Persons in Florida

In 1989, the Florida Legislature passed legislation creating the Registry of Pesticide-Sensitive Persons. The Registry is maintained by the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. Its intent is to insure that pesticide-sensitive persons whose names are on the registry are given prior notice of pesticide applications near their residences so that they may take appropriate precautions against unwanted exposures. It is important to understand that the legislation does not prohibit the application of pesticides near the residences of pesticide-sensitive persons, it only requires advance notice of the intended application of pesticides. Chapter 482.2267, Florida Statutes is attached below. Following that is the application which must be completed by physician.

482.2267 Registry of persons requiring prior notification of the application of pesticides.--

(1) The Department of Agriculture and Consumer Services shall maintain a current registry of persons requiring prior notification of the application of pesticides. Upon request, the department shall register any person who pays an initial registration fee of $50 and submits to the department a certificate signed by a physician licensed pursuant to chapter 458, stating:

• That the physician has examined the person and determined that the placement of the person on the registry for prior notification of the application of a pesticide or class of pesticides is necessary to protect that person's health;
• Whether the physician is board certified by the American Board of Medical Specialties in allergy, toxicology, or occupational medicine;
• The distance surrounding the person's primary residence for which the person requires prior notification of the application of a pesticide or class of pesticides in order to protect the person's health;
• The pesticide or class of pesticides for which the physician has determined that prior notification to the person is necessary to protect the person's health; and
• The license number of the physician.

(2) The distance specified pursuant to paragraph (1)(c) shall be limited to those properties adjacent and contiguous to the person's primary residence unless the physician is board certified in one of the specialties specified in paragraph (1)(b). In no event shall the distance exceed a 1/2-mile radius of the boundaries of the person's primary residence and shall not exceed the minimum distance, as determined by the physician, required to protect the person's health.

(3) A person desiring to have his name continue to appear on the registry from year to year must submit an annual renewal fee of $10, and an annual update of the physician's certificate.

(4) The department shall notify all licensees and limited certificate holders quarterly of the following:

• The names and addresses of those persons who are currently registered;
• The pesticide or class of pesticides designated by the physician pursuant to paragraph (1)(d); and
• The distance notification designated by the physician pursuant to paragraph (1)(c).

(5) Before making a pesticide application to a lawn, plant bed, or exterior foliage within the area designated by the physician surrounding the property on which the primary residence of a registered person is located, a licensee or limited certificateholder must notify that person at least 24 hours before applying the pesticide. Notification may be made by telephone, by mail, in person, or by hand delivery. Notification shall include the location to which the pesticide is to be applied and must also include information on the type of pesticide to be used, except in an instance of pesticide application of a small amount on an infestation or disease that is discovered onsite at the time of treatment. It is the responsibility of a registrant under this section to notify the department of the addresses of the properties or residences that fall within the applicable contiguous, adjacent, or special-distance parameters for notification. The department shall supply this information to licensees and certificateholders.

(6) This section does not create any duties, liabilities, or obligations of licensees or certificateholders to registrants other than those expressly stated in this section.

(7) The application for registration and the physician's certificate required by this section must be in substantially the following form:

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