CS/CS/CS/HB 457

1	A bill to be entitled
2	An act relating to fertilizer; amending s. 403.9336, F.S.;
3	revising legislative findings relating to implementation
4	of the Model Ordinance for Florida-Friendly Fertilizer Use
5	on Urban Landscapes; updating reference to the version of
6	the model ordinance; amending s. 403.9337, F.S.; revising
7	the authority of county and municipal governments to adopt
8	fertilizer standards that are in addition to or more
9	stringent than standards of the model ordinance; requiring
10	county and municipal governments to report the adoption of
11	such standards to the Department of Environmental
12	Protection; providing for applicability of specified
13	provisions; amending ss. 570.07 and 576.181, F.S.;
14	requiring the Department of Agriculture and Consumer
15	Services to regulate the sale, composition, packaging,
16	labeling, retail and wholesale distribution, and
17	formulation of fertilizer; preempting such regulation of
18	fertilizer to the state; authorizing county and municipal
19	governments to enforce the model ordinance and certain
20	ordinances adopted before a specified date; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 403.9336, Florida Statutes, is amended
26	to read:
27	403.9336  Legislative findings.-The Legislature finds that
28	the implementation of the Model Ordinance for Florida-Friendly
29	Fertilizer Use on Urban Landscapes 2010 (2008), which was
30	developed by the department in conjunction with the Consumer
31	Fertilizer Task Force, the Department of Agriculture and
32	Consumer Services, and the University of Florida Institute of
33	Food and Agricultural Sciences, will assist in protecting the
34	quality of the state's Florida's surface water and groundwater
35	resources. The Legislature further finds that local conditions,
36	including variations in the types and quality of water bodies,
37	site-specific soils and geology, and urban or rural densities
38	and characteristics, may necessitate the implementation of
39	additional or more stringent fertilizer management practices at
40	the local government level.
41	Section 2.  Section 403.9337, Florida Statutes, is amended
42	to read:
43	403.9337  Model Ordinance for Florida-Friendly Fertilizer
44	Use on Urban Landscapes.-Except as otherwise provided in ss.
45	570.07(41) and 576.181(5):
46	(1)  All county and municipal governments are encouraged to
47	adopt and enforce the most recent version of the Model Ordinance
48	for Florida-Friendly Fertilizer Use on Urban Landscapes or an
49	equivalent requirement as a mechanism for protecting local
50	surface and groundwater quality.
51	(2)  Unless exempt under paragraph (4)(a), each county and
52	municipal government located within the watershed of a water
53	body or water segment that is listed as impaired by nutrients
54	pursuant to s. 403.067, shall, at a minimum, adopt and enforce
55	the most recent version of the department's Model Ordinance for
56	Florida-Friendly Fertilizer Use on Urban Landscapes.
57	(3)  Notwithstanding subsection (2), a county or municipal
58	local government may adopt fertilizer ordinances that establish
59	standards that are in addition to additional or more stringent
60	standards than the model ordinance if each of the following
61	criteria is are met:
62	(a)  The county or municipal local government has
63	demonstrated, as part of a comprehensive program to address
64	multiple nonpoint sources of nutrient pollution which is
65	science-based, and economically and technically feasible, and
66	the that additional or more stringent standards than the model
67	ordinance are necessary in order to adequately address urban
68	fertilizer contributions to nonpoint source nutrient loading to
69	a water body;.
70	(b)  The county or municipal local government documents
71	that it has considered all relevant scientific information,
72	including input from the department, the institute, the
73	Department of Agriculture and Consumer Services, and the
74	University of Florida Institute of Food and Agricultural
75	Sciences, if provided, on the need for additional or more
76	stringent provisions to address fertilizer use as a contributor
77	to water quality degradation. All documentation must become part
78	of the public record before adoption of the additional or more
79	stringent criteria; and
80	(c)  The county or municipal government reports the
81	adoption of its fertilizer ordinances to the department.
82	(4)(a)(3)  This section and the preemption provisions of
83	ss. 570.07(41) and 576.181(5) do not apply to the fertilizer
84	ordinances of a Any county or municipal government that adopted
85	such ordinances before July 1, 2011 its own fertilizer use
86	ordinance before January 1, 2009, is exempt from this section.
87	Ordinances adopted or amended on or after January 1, 2009, must
88	substantively conform to the most recent version of the model
89	fertilizer ordinance and are subject to subsections (1) and (2),
90	as applicable.
91	(b)(4)  This section does not apply to the use of
92	fertilizer on farm operations as defined in s. 823.14 or on
93	lands classified as agricultural lands pursuant to s. 193.461.
94	Section 3.  Subsection (16) of section 570.07, Florida
95	Statutes, is amended, present subsection (41) is renumbered as
96	subsection (42), and a new subsection (41) is added to that
97	section, to read:
98	570.07  Department of Agriculture and Consumer Services;
99	functions, powers, and duties.-The department shall have and
100	exercise the following functions, powers, and duties:
101	(16)  To enforce the state laws and rules relating to:
102	(a)  Fruit and vegetable inspection and grading;
103	(b)  Pesticide spray, residue inspection, and removal;
104	(c)  Registration, labeling, inspection, and analysis of
105	commercial stock feeds and commercial fertilizers;
106	(d)  Classification, inspection, and sale of poultry and
107	eggs;
108	(e)  Registration, inspection, and analysis of gasolines
109	and oils;
110	(f)  Registration, labeling, inspection, and analysis of
111	pesticides;
112	(g)  Registration, labeling, inspection, germination
113	testing, and sale of seeds, both common and certified;
114	(h)  Weights, measures, and standards;
115	(i)  Foods, as set forth in the Florida Food Safety Act;
116	(j)  Inspection and certification of honey;
117	(k)  Sale of liquid fuels;
118	(l)  Licensing of dealers in agricultural products;
119	(m)  Administration and enforcement of all regulatory
120	legislation applying to milk and milk products, ice cream, and
121	frozen desserts;
122	(n)  Recordation and inspection of marks and brands of
123	livestock; and
124	(o)  Regulation of fertilizer, including its sale,
125	composition, packaging, labeling, retail and wholesale
126	distribution, and formulation, including nutrient content level
127	and release rates; and
128	(p)(o)  All other regulatory laws relating to agriculture.
129
130	In order to ensure uniform health and safety standards, the
131	adoption of standards and fines in the subject areas of
132	paragraphs (a)-(n) is expressly preempted to the state and the
133	department. Any local government enforcing the subject areas of
134	paragraphs (a)-(n) must use the standards and fines set forth in
135	the pertinent statutes or any rules adopted by the department
136	pursuant to those statutes.
137	(41)(a)  Except as otherwise provided in paragraph (b) and
138	s. 403.9337(4)(a), the department has exclusive authority to
139	regulate the sale, composition, packaging, labeling, retail and
140	wholesale distribution, and formulation, including nutrient
141	content level and release rates, of fertilizer under chapter
142	576. This subsection expressly preempts such regulation of
143	fertilizer to the state.
144	(b)  Each county or municipal government is authorized
145	pursuant to ss. 403.9336 and 403.9337 to enforce the Model
146	Ordinance for Florida-Friendly Fertilizer Use on Urban
147	Landscapes. In addition, any county or municipal government that
148	adopted its fertilizer ordinances before July 1, 2011, is
149	authorized, as provided in s. 403.9337(4)(a), to enforce such
150	ordinances within its respective jurisdiction.
151	(42)(41)  Notwithstanding the provisions of s. 287.057(22)
152	that require all agencies to use the online procurement system
153	developed by the Department of Management Services, the
154	department may continue to use its own online system. However,
155	vendors utilizing such system shall be prequalified as meeting
156	mandatory requirements and qualifications and shall remit fees
157	pursuant to s. 287.057(22), and any rules implementing s.
158	287.057.
159	Section 4.  Subsection (5) is added to section 576.181,
160	Florida Statutes, to read:
161	576.181  Administration; rules; procedure.-
162	(5)(a)  Except as otherwise provided in paragraph (b) and
163	s. 403.9337(4)(a), the department has exclusive authority to
164	regulate the sale, composition, packaging, labeling, retail and
165	wholesale distribution, and formulation, including nutrient
166	content level and release rates, of fertilizer. This subsection
167	expressly preempts such regulation of fertilizer to the state.
168	(b)  Each county or municipal government is authorized
169	pursuant to ss. 403.9336 and 403.9337 to enforce the Model
170	Ordinance for Florida-Friendly Fertilizer Use on Urban
171	Landscapes. In addition, any county or municipal government that
172	adopted its fertilizer ordinances before July 1, 2011, is
173	authorized, as provided in s. 403.9337(4)(a), to enforce such
174	ordinances within its respective jurisdiction.
175	Section 5.  This act shall take effect July 1, 2011.

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