CS/CS/CS/HB 457

1
A bill to be entitled
2An act relating to fertilizer; amending s. 403.9336, F.S.;
3revising legislative findings relating to implementation
4of the Model Ordinance for Florida-Friendly Fertilizer Use
5on Urban Landscapes; updating reference to the version of
6the model ordinance; amending s. 403.9337, F.S.; revising
7the authority of county and municipal governments to adopt
8fertilizer standards that are in addition to or more
9stringent than standards of the model ordinance; requiring
10county and municipal governments to report the adoption of
11such standards to the Department of Environmental
12Protection; providing for applicability of specified
13provisions; amending ss. 570.07 and 576.181, F.S.;
14requiring the Department of Agriculture and Consumer
15Services to regulate the sale, composition, packaging,
16labeling, retail and wholesale distribution, and
17formulation of fertilizer; preempting such regulation of
18fertilizer to the state; exempting certain ordinances
19adopted before a specified date from such preemption;
20authorizing county and municipal governments to enforce
21such ordinances exempt from preemption; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 403.9336, Florida Statutes, is amended
27to read:
28     403.9336  Legislative findings.-The Legislature finds that
29the implementation of the Model Ordinance for Florida-Friendly
30Fertilizer Use on Urban Landscapes 2010 (2008), which was
31developed by the department in conjunction with the Consumer
32Fertilizer Task Force, the Department of Agriculture and
33Consumer Services, and the University of Florida Institute of
34Food and Agricultural Sciences, will assist in protecting the
35quality of the state's Florida's surface water and groundwater
36resources. The Legislature further finds that local conditions,
37including variations in the types and quality of water bodies,
38site-specific soils and geology, and urban or rural densities
39and characteristics, may necessitate the implementation of
40additional or more stringent fertilizer management practices at
41the local government level.
42     Section 2.  Section 403.9337, Florida Statutes, is amended
43to read:
44     403.9337  Model Ordinance for Florida-Friendly Fertilizer
45Use on Urban Landscapes.-
46     (1)  All county and municipal governments are encouraged to
47adopt and enforce the most recent version of the Model Ordinance
48for Florida-Friendly Fertilizer Use on Urban Landscapes or an
49equivalent requirement as a mechanism for protecting local
50surface and groundwater quality.
51     (2)  Unless exempt under paragraph (4)(a), each county and
52municipal government located within the watershed of a water
53body or water segment that is listed as impaired by nutrients
54pursuant to s. 403.067, shall, at a minimum, adopt and enforce
55the most recent version of the department's Model Ordinance for
56Florida-Friendly Fertilizer Use on Urban Landscapes.
57     (3)  Notwithstanding subsection (2), a county or municipal
58local government may adopt fertilizer ordinances that establish
59standards that are in addition to additional or more stringent
60standards than the model ordinance if each of the following
61criteria is are met:
62     (a)  The county or municipal local government has
63demonstrated, as part of a comprehensive program to address
64multiple nonpoint sources of nutrient pollution which is
65science-based, and economically and technically feasible, and
66the that additional or more stringent standards than the model
67ordinance are necessary in order to adequately address urban
68fertilizer contributions to nonpoint source nutrient loading to
69a water body;.
70     (b)  The county or municipal local government documents
71that it has considered all relevant scientific information,
72including input from the department, the institute, the
73Department of Agriculture and Consumer Services, and the
74University of Florida Institute of Food and Agricultural
75Sciences, if provided, on the need for additional or more
76stringent provisions to address fertilizer use as a contributor
77to water quality degradation. All documentation must become part
78of the public record before adoption of the additional or more
79stringent criteria; and
80     (c)  The county or municipal government reports the
81adoption of its fertilizer ordinances to the department.
82     (4)(a)(3)  This section does not apply to any fertilizer
83ordinances of a Any county or municipal government that adopted
84such ordinances before July 1, 2011 its own fertilizer use
85ordinance before January 1, 2009, is exempt from this section.
86Ordinances adopted or amended on or after January 1, 2009, must
87substantively conform to the most recent version of the model
88fertilizer ordinance and are subject to subsections (1) and (2),
89as applicable.
90     (b)(4)  This section does not apply to the use of
91fertilizer on farm operations as defined in s. 823.14 or on
92lands classified as agricultural lands pursuant to s. 193.461.
93     Section 3.  Subsection (16) of section 570.07, Florida
94Statutes, is amended, present subsection (41) is renumbered as
95subsection (42), and a new subsection (41) is added to that
96section, to read:
97     570.07  Department of Agriculture and Consumer Services;
98functions, powers, and duties.-The department shall have and
99exercise the following functions, powers, and duties:
100     (16)  To enforce the state laws and rules relating to:
101     (a)  Fruit and vegetable inspection and grading;
102     (b)  Pesticide spray, residue inspection, and removal;
103     (c)  Registration, labeling, inspection, and analysis of
104commercial stock feeds and commercial fertilizers;
105     (d)  Classification, inspection, and sale of poultry and
106eggs;
107     (e)  Registration, inspection, and analysis of gasolines
108and oils;
109     (f)  Registration, labeling, inspection, and analysis of
110pesticides;
111     (g)  Registration, labeling, inspection, germination
112testing, and sale of seeds, both common and certified;
113     (h)  Weights, measures, and standards;
114     (i)  Foods, as set forth in the Florida Food Safety Act;
115     (j)  Inspection and certification of honey;
116     (k)  Sale of liquid fuels;
117     (l)  Licensing of dealers in agricultural products;
118     (m)  Administration and enforcement of all regulatory
119legislation applying to milk and milk products, ice cream, and
120frozen desserts;
121     (n)  Recordation and inspection of marks and brands of
122livestock; and
123     (o)  Regulation of fertilizer, including its sale,
124composition, packaging, labeling, retail and wholesale
125distribution, and formulation, including nutrient content level
126and release rates; and
127     (p)(o)  All other regulatory laws relating to agriculture.
128
129In order to ensure uniform health and safety standards, the
130adoption of standards and fines in the subject areas of
131paragraphs (a)-(n) is expressly preempted to the state and the
132department. Any local government enforcing the subject areas of
133paragraphs (a)-(n) must use the standards and fines set forth in
134the pertinent statutes or any rules adopted by the department
135pursuant to those statutes.
136     (41)(a)  Except as otherwise provided in paragraph (b), the
137department has exclusive authority to regulate the sale,
138composition, packaging, labeling, retail and wholesale
139distribution, and formulation, including nutrient content level
140and release rates, of fertilizer under chapter 576. This
141subsection expressly preempts such regulation of fertilizer to
142the state.
143     (b)  An ordinance regulating the sale of fertilizer adopted
144by a county or municipal government before July 1, 2011, is
145exempt from this subsection, and the county or municipal
146government is authorized to enforce such ordinance within its
147respective jurisdiction.
148     (42)(41)  Notwithstanding the provisions of s. 287.057(22)
149that require all agencies to use the online procurement system
150developed by the Department of Management Services, the
151department may continue to use its own online system. However,
152vendors utilizing such system shall be prequalified as meeting
153mandatory requirements and qualifications and shall remit fees
154pursuant to s. 287.057(22), and any rules implementing s.
155287.057.
156     Section 4.  Subsection (5) is added to section 576.181,
157Florida Statutes, to read:
158     576.181  Administration; rules; procedure.-
159     (5)(a)  Except as otherwise provided in paragraph (b), the
160department has exclusive authority to regulate the sale,
161composition, packaging, labeling, retail and wholesale
162distribution, and formulation, including nutrient content level
163and release rates, of fertilizer. This subsection expressly
164preempts such regulation of fertilizer to the state.
165     (b)  An ordinance regulating the sale of fertilizer adopted
166by a county or municipal government before July 1, 2011, is
167exempt from this subsection, and the county or municipal
168government is authorized to enforce such ordinance within its
169respective jurisdiction.
170     Section 5.  This act shall take effect July 1, 2011.


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