| 1 | Representative Crisafulli offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 1055-1104 and insert: |
| 5 | Section 32. 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 |
| 22 | and 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 |
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| 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 33. 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 |
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| 84 | ----------------------------------------------------- |
| 85 | T I T L E A M E N D M E N T |
| 86 | Remove lines 101-106 and insert: |
| 87 | per diem and travel expenses; amending ss. 570.07 and |
| 88 | 576.181, F.S.; requiring the department to regulate the |
| 89 | sale, composition, packaging, labeling, wholesale and |
| 90 | retail distribution, and formulation of fertilizer; |
| 91 | preempting such regulation of fertilizer to the state; |
| 92 | exempting certain ordinances adopted before a specified |
| 93 | date from such preemption; authorizing county and |
| 94 | municipal governments to enforce such ordinances exempt |
| 95 | from preemption; revising the department's powers and |
| 96 | duties relating to pollution control and the |