Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 2076
                                Barcode 127492                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2011           .                                

       The Committee on Agriculture (Siplin) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 620 - 624
    4  and insert:
    5         Section 18. Subsections (16) and (28) of section 570.07,
    6  Florida Statutes, are amended to read:
    7         570.07 Department of Agriculture and Consumer Services;
    8  functions, powers, and duties.—The department shall have and
    9  exercise the following functions, powers, and duties:
   10         (16) To enforce the state laws and rules relating to:
   11         (a) Fruit and vegetable inspection and grading;
   12         (b) Pesticide spray, residue inspection, and removal;
   13         (c) Registration, labeling, inspection, sale, composition,
   14  formulation, distribution, and analysis of commercial stock
   15  feeds and commercial fertilizers;
   16         (d) Classification, inspection, and sale of poultry and
   17  eggs;
   18         (e) Registration, inspection, and analysis of gasolines and
   19  oils;
   20         (f) Registration, labeling, inspection, and analysis of
   21  pesticides;
   22         (g) Registration, labeling, inspection, germination
   23  testing, and sale of seeds, both common and certified;
   24         (h) Weights, measures, and standards;
   25         (i) Foods, as set forth in the Florida Food Safety Act;
   26         (j) Inspection and certification of honey;
   27         (k) Sale of liquid fuels;
   28         (l) Licensing of dealers in agricultural products;
   29         (m) Administration and enforcement of all regulatory
   30  legislation applying to milk and milk products, ice cream, and
   31  frozen desserts;
   32         (n) Recordation and inspection of marks and brands of
   33  livestock; and
   34         (o) All other regulatory laws relating to agriculture.
   36  In order to ensure uniform health and safety standards, the
   37  adoption of standards and fines in the subject areas of
   38  paragraphs (a)-(n) is expressly preempted to the state and the
   39  department. Any local government enforcing the subject areas of
   40  paragraphs (a)-(n) must use the standards and fines set forth in
   41  the pertinent statutes or any rules adopted by the department
   42  pursuant to those statutes. A county that has adopted an
   43  ordinance regulating the sale of urban turf fertilizer before
   44  January 1, 2012, is not subject to paragraph (c). If the county
   45  amends or changes any portion of the ordinance after January 1,
   46  2012, the provisions of paragraph (c) apply.
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete line 81
   51  and insert:
   52         amending s. 570.07, F.S.; revising the department’s
   53         authority to enforce laws relating to commercial stock
   54         feeds and commercial fertilizer; providing a limited
   55         exemption to counties that have with existing
   56         ordinances regulating the sale of urban turf
   57         fertilizers; revising the powers and