Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2076
       
       
       
       
       
       
                                Barcode 170260                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 4/AD/2R         .                                
             05/05/2011 02:57 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Siplin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 621 - 667
    4  and insert:
    5         Section 17. Subsections (16), (19), and (28) of section
    6  570.07, Florida Statutes, are amended, present subsection (41)
    7  is renumbered as subsection (42), and a new subsection (41) is
    8  added to that section, to read:
    9         570.07 Department of Agriculture and Consumer Services;
   10  functions, powers, and duties.—The department shall have and
   11  exercise the following functions, powers, and duties:
   12         (16) To enforce the state laws and rules relating to:
   13         (a) Fruit and vegetable inspection and grading;
   14         (b) Pesticide spray, residue inspection, and removal;
   15         (c) Registration, labeling, inspection, sale, composition,
   16  formulation, wholesale and retail distribution, and analysis of
   17  commercial stock feeds and registration, labeling, inspection,
   18  and analysis of commercial fertilizers;
   19         (d) Classification, inspection, and sale of poultry and
   20  eggs;
   21         (e) Registration, inspection, and analysis of gasolines and
   22  oils;
   23         (f) Registration, labeling, inspection, and analysis of
   24  pesticides;
   25         (g) Registration, labeling, inspection, germination
   26  testing, and sale of seeds, both common and certified;
   27         (h) Weights, measures, and standards;
   28         (i) Foods, as set forth in the Florida Food Safety Act;
   29         (j) Inspection and certification of honey;
   30         (k) Sale of liquid fuels;
   31         (l) Licensing of dealers in agricultural products;
   32         (m) Administration and enforcement of all regulatory
   33  legislation applying to milk and milk products, ice cream, and
   34  frozen desserts;
   35         (n) Recordation and inspection of marks and brands of
   36  livestock; and
   37         (o) Regulation of fertilizer, including its sale,
   38  composition, packaging, labeling, wholesale and retail
   39  distribution, and formulation, including nutrient content level
   40  and release rates; and
   41         (p)(o) All other regulatory laws relating to agriculture.
   42  
   43  In order to ensure uniform health and safety standards, the
   44  adoption of standards and fines in the subject areas of
   45  paragraphs (a)-(n) is expressly preempted to the state and the
   46  department. Any local government enforcing the subject areas of
   47  paragraphs (a)-(n) must use the standards and fines set forth in
   48  the pertinent statutes or any rules adopted by the department
   49  pursuant to those statutes.
   50         (19) To protect the dairy interests of the state; and, to
   51  that end, it shall enforce those functions, powers, and duties
   52  given to it in chapter chapters 502 and 503.
   53         (28) For purposes of pollution control and the prevention
   54  of wildfires purposes, to regulate open burning connected with
   55  rural land-clearing, agricultural, or forestry operations,
   56  except fires for cold or frost protection.
   57         (41) (a) Except as otherwise provided in paragraph (b), to
   58  exercise the exclusive authority to regulate the sale,
   59  composition, packaging, labeling, wholesale and retail
   60  distribution, and formulation, including nutrient content level
   61  and release rates, of fertilizer under chapter 576. This
   62  subsection expressly preempts such regulation of fertilizer to
   63  the state.
   64         (b) An ordinance regulating the sale of fertilizer adopted
   65  by a county or municipal government before July 1, 2011, is
   66  exempt from this subsection, and the county or municipal
   67  government may enforce such ordinance within its respective
   68  jurisdiction.
   69         Section 18. Subsection (5) is added to section 576.181,
   70  Florida Statutes, to read:
   71         576.181 Administration; rules; procedure.—
   72         (5) (a) Except as otherwise provided in paragraph (b), the
   73  department has exclusive authority to regulate the sale,
   74  composition, packaging, labeling, wholesale and retail
   75  distribution, and formulation, including nutrient content level
   76  and release rates, of fertilizer. This subsection expressly
   77  preempts such regulation of fertilizer to the state.
   78         (b) An ordinance regulating the sale of fertilizer adopted
   79  by a county or municipal government before July 1, 2011, is
   80  exempt from this subsection, and the county or municipal
   81  government may enforce such ordinance within its respective
   82  jurisdiction.
   83  
   84  ================= T I T L E  A M E N D M E N T ================
   85         And the title is amended as follows:
   86         Delete lines 78 - 84
   87  and insert:
   88         amending ss. 570.07 and 576.181, F.S.; requiring the
   89         department to regulate the sale, composition,
   90         packaging, labeling, wholesale and retail
   91         distribution, and formulation of fertilizer;
   92         preempting such regulation of fertilizer to the state;
   93         exempting certain ordinances adopted before a
   94         specified date from such preemption; authorizing
   95         county and municipal governments to enforce such
   96         ordinances exempt from preemption; revising the
   97         department's powers and duties relating to pollution
   98         control and the prevention of