CS/HB 457

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

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