Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 606
       
       
       
       
       
       
                                Barcode 231198                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Evers moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.9336, Florida Statutes, is amended
    6  to read:
    7         403.9336 Legislative findings.—The Legislature finds that
    8  the implementation of the Model Ordinance for Florida-Friendly
    9  Fertilizer Use on Urban Landscapes 2010 (2008), which was
   10  developed by the department in conjunction with the Consumer
   11  Fertilizer Task Force, the Department of Agriculture and
   12  Consumer Services, and the University of Florida Institute of
   13  Food and Agricultural Sciences, will assist in protecting the
   14  quality of the state’s Florida’s surface water and groundwater
   15  resources. The Legislature further finds that local conditions,
   16  including variations in the types and quality of water bodies,
   17  site-specific soils and geology, and urban or rural densities
   18  and characteristics, may necessitate the implementation of
   19  additional or more stringent fertilizer management practices at
   20  the local government level.
   21         Section 2. Section 403.9337, Florida Statutes, is amended
   22  to read:
   23         403.9337 Model Ordinance for Florida-Friendly Fertilizer
   24  Use on Urban Landscapes.—
   25         (1) All county and municipal governments are encouraged to
   26  adopt and enforce the most recent version of the Model Ordinance
   27  for Florida-Friendly Fertilizer Use on Urban Landscapes or an
   28  equivalent requirement as a mechanism for protecting local
   29  surface and groundwater quality.
   30         (2) Unless exempt under paragraph (4)(a), each county and
   31  municipal government located within the watershed of a water
   32  body or water segment that is listed as impaired by nutrients
   33  pursuant to s. 403.067, shall, at a minimum, adopt and enforce
   34  the most recent version of the department’s Model Ordinance for
   35  Florida-Friendly Fertilizer Use on Urban Landscapes.
   36         (3) Notwithstanding subsection (2), a county or municipal
   37  local government may adopt fertilizer ordinances that establish
   38  standards that are in addition to additional or more stringent
   39  standards than the model ordinance if each of the following
   40  criteria is are met:
   41         (a) The county or municipal local government has
   42  demonstrated, as part of a comprehensive program to address
   43  multiple nonpoint sources of nutrient pollution which is
   44  science-based, and economically and technically feasible, and
   45  the that additional or more stringent standards than the model
   46  ordinance are necessary in order to adequately address urban
   47  fertilizer contributions to nonpoint source nutrient loading to
   48  a water body;.
   49         (b) The county or municipal local government documents that
   50  it has considered all relevant scientific information, including
   51  input from the department, the institute, the Department of
   52  Agriculture and Consumer Services, and the University of Florida
   53  Institute of Food and Agricultural Sciences, if provided, on the
   54  need for additional or more stringent provisions to address
   55  fertilizer use as a contributor to water quality degradation.
   56  All documentation must become part of the public record before
   57  adoption of the additional or more stringent criteria; and
   58         (c) The county or municipal government reports the adoption
   59  of its fertilizer ordinances to the department.
   60         (4)(a)(3)This section does not apply to any fertilizer
   61  ordinances of a Any county or municipal government that adopted
   62  such ordinances before July 1, 2011 its own fertilizer use
   63  ordinance before January 1, 2009, is exempt from this section.
   64  Ordinances adopted or amended on or after January 1, 2009, must
   65  substantively conform to the most recent version of the model
   66  fertilizer ordinance and are subject to subsections (1) and (2),
   67  as applicable.
   68         (b)(4) This section does not apply to the use of fertilizer
   69  on farm operations as defined in s. 823.14 or on lands
   70  classified as agricultural lands pursuant to s. 193.461.
   71         Section 3. Subsection (16) of section 570.07, Florida
   72  Statutes, is amended, present subsection (41) is renumbered as
   73  subsection (42), and a new subsection (41) is added to that
   74  section, to read:
   75         570.07 Department of Agriculture and Consumer Services;
   76  functions, powers, and duties.—The department shall have and
   77  exercise the following functions, powers, and duties:
   78         (16) To enforce the state laws and rules relating to:
   79         (a) Fruit and vegetable inspection and grading;
   80         (b) Pesticide spray, residue inspection, and removal;
   81         (c) Registration, labeling, inspection, and analysis of
   82  commercial stock feeds and commercial fertilizers;
   83         (d) Classification, inspection, and sale of poultry and
   84  eggs;
   85         (e) Registration, inspection, and analysis of gasolines and
   86  oils;
   87         (f) Registration, labeling, inspection, and analysis of
   88  pesticides;
   89         (g) Registration, labeling, inspection, germination
   90  testing, and sale of seeds, both common and certified;
   91         (h) Weights, measures, and standards;
   92         (i) Foods, as set forth in the Florida Food Safety Act;
   93         (j) Inspection and certification of honey;
   94         (k) Sale of liquid fuels;
   95         (l) Licensing of dealers in agricultural products;
   96         (m) Administration and enforcement of all regulatory
   97  legislation applying to milk and milk products, ice cream, and
   98  frozen desserts;
   99         (n) Recordation and inspection of marks and brands of
  100  livestock; and
  101         (o) Regulation of fertilizer, including its sale,
  102  composition, packaging, labeling, retail and wholesale
  103  distribution, and formulation, including nutrient content level
  104  and release rates; and
  105         (p)(o) All other regulatory laws relating to agriculture.
  106  
  107  In order to ensure uniform health and safety standards, the
  108  adoption of standards and fines in the subject areas of
  109  paragraphs (a)-(n) is expressly preempted to the state and the
  110  department. Any local government enforcing the subject areas of
  111  paragraphs (a)-(n) must use the standards and fines set forth in
  112  the pertinent statutes or any rules adopted by the department
  113  pursuant to those statutes.
  114         (41)(a) Except as otherwise provided in paragraph (b), the
  115  department has exclusive authority to regulate the sale,
  116  composition, packaging, labeling, retail and wholesale
  117  distribution, and formulation, including nutrient content level
  118  and release rates, of fertilizer under chapter 576. This
  119  subsection expressly preempts such regulation of fertilizer to
  120  the state.
  121         (b) An ordinance regulating the sale of fertilizer adopted
  122  by a county or municipal government before July 1, 2011, is
  123  exempt from this subsection, and the county or municipal
  124  government is authorized to enforce such ordinance within its
  125  respective jurisdiction.
  126         (42)(41) Notwithstanding the provisions of s. 287.057(22)
  127  that require all agencies to use the online procurement system
  128  developed by the Department of Management Services, the
  129  department may continue to use its own online system. However,
  130  vendors utilizing such system shall be prequalified as meeting
  131  mandatory requirements and qualifications and shall remit fees
  132  pursuant to s. 287.057(22), and any rules implementing s.
  133  287.057.
  134         Section 4. Subsection (5) is added to section 576.181,
  135  Florida Statutes, to read:
  136         576.181 Administration; rules; procedure.—
  137         (5)(a) Except as otherwise provided in paragraph (b), the
  138  department has exclusive authority to regulate the sale,
  139  composition, packaging, labeling, retail and wholesale
  140  distribution, and formulation, including nutrient content level
  141  and release rates, of fertilizer. This subsection expressly
  142  preempts such regulation of fertilizer to the state.
  143         (b) An ordinance regulating the sale of fertilizer adopted
  144  by a county or municipal government before July 1, 2011, is
  145  exempt from this subsection, and the county or municipal
  146  government is authorized to enforce such ordinance within its
  147  respective jurisdiction.
  148         Section 5. This act shall take effect July 1, 2011.
  149  
  150  ================= T I T L E  A M E N D M E N T ================
  151         And the title is amended as follows:
  152         Delete everything before the enacting clause
  153  and insert:
  154                        A bill to be entitled                      
  155         An act relating to fertilizer; amending s. 403.9336,
  156         F.S.; revising legislative findings relating to
  157         implementation of the Model Ordinance for Florida
  158         Friendly Fertilizer Use on Urban Landscapes; updating
  159         a reference to the version of the model ordinance;
  160         amending s. 403.9337, F.S.; revising the authority of
  161         county and municipal governments to adopt fertilizer
  162         standards that are in addition to or more stringent
  163         than standards of the model ordinance; requiring
  164         county and municipal governments to report the
  165         adoption of such standards to the Department of
  166         Environmental Protection; providing for applicability
  167         of specified provisions; amending ss. 570.07 and
  168         576.181, F.S.; requiring the Department of Agriculture
  169         and Consumer Services to regulate the sale,
  170         composition, packaging, labeling, retail and wholesale
  171         distribution, and formulation of fertilizer;
  172         preempting such regulation of fertilizer to the state;
  173         exempting certain ordinances adopted before a
  174         specified date from such preemption; authorizing
  175         county and municipal governments to enforce such
  176         ordinances that are exempt from preemption; providing
  177         an effective date.