Florida Senate - 2011                                     SB 606
       
       
       
       By Senator Evers
       
       
       
       
       2-00657-11                                             2011606__
    1                        A bill to be entitled                      
    2         An act relating to fertilizer; amending s. 403.9336,
    3         F.S.; deleting legislative findings relating to the
    4         implementation by local governments of certain
    5         fertilizer management practices; amending s. 403.9337,
    6         F.S.; deleting authority for certain counties and
    7         municipalities to adopt fertilizer management
    8         practices more stringent than standards of a specified
    9         model ordinance; amending ss. 570.07 and 576.181,
   10         F.S.; requiring the Department of Agricultural and
   11         Consumer Services to regulate the sale of fertilizer,
   12         including the composition, formulation, packaging,
   13         use, application, and distribution of fertilizer;
   14         preempting such regulation of fertilizer to the state
   15         and the department; specifying that such regulation of
   16         fertilizer by counties, municipalities, and other
   17         political subdivisions is void; providing an effective
   18         date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 403.9336, Florida Statutes, is amended
   23  to read:
   24         403.9336 Legislative findings.—The Legislature finds that
   25  the implementation of the Model Ordinance for Florida-Friendly
   26  Fertilizer Use on Urban Landscapes (2008), which was developed
   27  by the department in conjunction with the Consumer Fertilizer
   28  Task Force, the Department of Agriculture and Consumer Services,
   29  and the University of Florida Institute of Food and Agricultural
   30  Sciences, will assist in protecting the quality of Florida’s
   31  surface water and groundwater resources. The Legislature further
   32  finds that local conditions, including variations in the types
   33  and quality of water bodies, site-specific soils and geology,
   34  and urban or rural densities and characteristics, may
   35  necessitate the implementation of additional or more stringent
   36  fertilizer management practices at the local government level.
   37         Section 2. Section 403.9337, Florida Statutes, is amended
   38  to read:
   39         403.9337 Model Ordinance for Florida-Friendly Fertilizer
   40  Use on Urban Landscapes.—Except as otherwise provided in ss.
   41  570.07(41) and 576.181(5):
   42         (1) All county and municipal governments are encouraged to
   43  adopt and enforce the Model Ordinance for Florida-Friendly
   44  Fertilizer Use on Urban Landscapes or an equivalent requirement
   45  as a mechanism for protecting local surface and groundwater
   46  quality.
   47         (2) Each county and municipal government located within the
   48  watershed of a water body or water segment that is listed as
   49  impaired by nutrients pursuant to s. 403.067, shall, at a
   50  minimum, adopt the department’s Model Ordinance for Florida
   51  Friendly Fertilizer Use on Urban Landscapes. A local government
   52  may adopt additional or more stringent standards than the model
   53  ordinance if the following criteria are met:
   54         (a) The local government has demonstrated, as part of a
   55  comprehensive program to address nonpoint sources of nutrient
   56  pollution which is science-based, and economically and
   57  technically feasible, that additional or more stringent
   58  standards than the model ordinance are necessary in order to
   59  adequately address urban fertilizer contributions to nonpoint
   60  source nutrient loading to a water body.
   61         (b) The local government documents that it has considered
   62  all relevant scientific information, including input from the
   63  department, the institute, the Department of Agriculture and
   64  Consumer Services, and the University of Florida Institute of
   65  Food and Agricultural Sciences, if provided, on the need for
   66  additional or more stringent provisions to address fertilizer
   67  use as a contributor to water quality degradation. All
   68  documentation must become part of the public record before
   69  adoption of the additional or more stringent criteria.
   70         (3) Any county or municipal government that adopted its own
   71  fertilizer use ordinance before January 1, 2009, is exempt from
   72  this section. Ordinances adopted or amended on or after January
   73  1, 2009, must substantively conform to the most recent version
   74  of the model fertilizer ordinance and are subject to subsections
   75  (1) and (2), as applicable.
   76         (4) This section does not apply to the use of fertilizer on
   77  farm operations as defined in s. 823.14 or on lands classified
   78  as agricultural lands pursuant to s. 193.461.
   79         Section 3. Subsection (16) of section 570.07, Florida
   80  Statutes, is amended, present subsection (41) is renumbered as
   81  subsection (42), and a new subsection (41) is added to that
   82  section, to read:
   83         570.07 Department of Agriculture and Consumer Services;
   84  functions, powers, and duties.—The department shall have and
   85  exercise the following functions, powers, and duties:
   86         (16) To enforce the state laws and rules relating to:
   87         (a) Fruit and vegetable inspection and grading.;
   88         (b) Pesticide spray, residue inspection, and removal.;
   89         (c) Registration, labeling, inspection, and analysis of
   90  commercial stock feeds and commercial fertilizers.;
   91         (d) Classification, inspection, and sale of poultry and
   92  eggs.;
   93         (e) Registration, inspection, and analysis of gasolines and
   94  oils.;
   95         (f) Registration, labeling, inspection, and analysis of
   96  pesticides.;
   97         (g) Registration, labeling, inspection, germination
   98  testing, and sale of seeds, both common and certified.;
   99         (h) Weights, measures, and standards.;
  100         (i) Foods, as set forth in the Florida Food Safety Act.;
  101         (j) Inspection and certification of honey.;
  102         (k) Sale of liquid fuels.;
  103         (l) Licensing of dealers in agricultural products.;
  104         (m) Administration and enforcement of all regulatory
  105  legislation applying to milk and milk products, ice cream, and
  106  frozen desserts.;
  107         (n) Recordation and inspection of marks and brands of
  108  livestock.; and
  109         (o) Regulation of the sale of fertilizer, including the
  110  composition, formulation, packaging, use, application, and
  111  distribution of fertilizer.
  112         (p)(o) All other regulatory laws relating to agriculture.
  113  
  114  In order to ensure uniform health and safety standards, the
  115  adoption of standards and fines in the subject areas of
  116  paragraphs (a)-(o) (a)-(n) is expressly preempted to the state
  117  and the department. Any local government enforcing the subject
  118  areas of paragraphs (a)-(o) (a)-(n) must use the standards and
  119  fines set forth in the pertinent statutes or any rules adopted
  120  by the department pursuant to those statutes.
  121         (41) The department has exclusive authority to regulate the
  122  sale of fertilizer, including the composition, formulation,
  123  packaging, use, application, and distribution of fertilizer
  124  under chapter 576. This subsection expressly preempts such
  125  regulation of fertilizer to the state and the department. Such
  126  regulation of fertilizer by a county, municipality, or other
  127  political subdivision is void, regardless of when adopted.
  128         Section 4. Subsection (5) is added to section 576.181,
  129  Florida Statutes, to read:
  130         576.181 Administration; rules; procedure; preemption.—
  131         (5) The department has exclusive authority to regulate the
  132  sale of fertilizer, including the composition, formulation,
  133  packaging, use, application, and distribution of fertilizer.
  134  This subsection expressly preempts such regulation of fertilizer
  135  to the state and the department. Such regulation of fertilizer
  136  by a county, municipality, or other political subdivision is
  137  void, regardless of when adopted.
  138         Section 5. This act shall take effect July 1, 2011.