Amendment
Bill No. CS/CS/CS/HB 457

Amendment No. 233965

CHAMBER ACTION
Senate		House
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1	Representative Ingram offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause 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
50	that it has considered all relevant scientific information,
51	including input from the department, the institute, the
52	Department of Agriculture and Consumer Services, and the
53	University of Florida Institute of Food and Agricultural
54	Sciences, if provided, on the need for additional or more
55	stringent provisions to address fertilizer use as a contributor
56	to water quality degradation. All documentation must become part
57	of the public record before adoption of the additional or more
58	stringent criteria; and
59	(c)  The county or municipal government reports the
60	adoption of its fertilizer ordinances to the department.
61	(4)(a)(3)  This section does not apply to any fertilizer
62	ordinances of a Any county or municipal government that adopted
63	such ordinances before July 1, 2011 its own fertilizer use
64	ordinance before January 1, 2009, is exempt from this section.
65	Ordinances adopted or amended on or after January 1, 2009, must
66	substantively conform to the most recent version of the model
67	fertilizer ordinance and are subject to subsections (1) and (2),
68	as applicable.
69	(b)(4)  This section does not apply to the use of
70	fertilizer on farm operations as defined in s. 823.14 or on
71	lands classified as agricultural lands pursuant to s. 193.461.
72	Section 3.  Subsection (16) of section 570.07, Florida
73	Statutes, is amended, present subsection (41) is renumbered as
74	subsection (42), and a new subsection (41) is added to that
75	section, to read:
76	570.07  Department of Agriculture and Consumer Services;
77	functions, powers, and duties.-The department shall have and
78	exercise the following functions, powers, and duties:
79	(16)  To enforce the state laws and rules relating to:
80	(a)  Fruit and vegetable inspection and grading;
81	(b)  Pesticide spray, residue inspection, and removal;
82	(c)  Registration, labeling, inspection, and analysis of
83	commercial stock feeds and commercial fertilizers;
84	(d)  Classification, inspection, and sale of poultry and
85	eggs;
86	(e)  Registration, inspection, and analysis of gasolines
87	and oils;
88	(f)  Registration, labeling, inspection, and analysis of
89	pesticides;
90	(g)  Registration, labeling, inspection, germination
91	testing, and sale of seeds, both common and certified;
92	(h)  Weights, measures, and standards;
93	(i)  Foods, as set forth in the Florida Food Safety Act;
94	(j)  Inspection and certification of honey;
95	(k)  Sale of liquid fuels;
96	(l)  Licensing of dealers in agricultural products;
97	(m)  Administration and enforcement of all regulatory
98	legislation applying to milk and milk products, ice cream, and
99	frozen desserts;
100	(n)  Recordation and inspection of marks and brands of
101	livestock; and
102	(o)  Regulation of fertilizer, including its sale,
103	composition, packaging, labeling, retail and wholesale
104	distribution, and formulation, including nutrient content level
105	and release rates; and
106	(p)(o)  All other regulatory laws relating to agriculture.
107
108	In order to ensure uniform health and safety standards, the
109	adoption of standards and fines in the subject areas of
110	paragraphs (a)-(n) is expressly preempted to the state and the
111	department. Any local government enforcing the subject areas of
112	paragraphs (a)-(n) must use the standards and fines set forth in
113	the pertinent statutes or any rules adopted by the department
114	pursuant to those statutes.
115	(41)(a)  Except as otherwise provided in paragraph (b), the
116	department has exclusive authority to regulate the sale,
117	composition, packaging, labeling, retail and wholesale
118	distribution, and formulation, including nutrient content level
119	and release rates, of fertilizer under chapter 576. This
120	subsection expressly preempts such regulation of fertilizer to
121	the state.
122	(b)  An ordinance regulating the sale of fertilizer adopted
123	by a county or municipal government before July 1, 2011, is
124	exempt from this subsection, and the county or municipal
125	government is authorized to enforce such ordinance within its
126	respective jurisdiction.
127	(42)(41)  Notwithstanding the provisions of s. 287.057(22)
128	that require all agencies to use the online procurement system
129	developed by the Department of Management Services, the
130	department may continue to use its own online system. However,
131	vendors utilizing such system shall be prequalified as meeting
132	mandatory requirements and qualifications and shall remit fees
133	pursuant to s. 287.057(22), and any rules implementing s.
134	287.057.
135	Section 4.  Subsection (5) is added to section 576.181,
136	Florida Statutes, to read:
137	576.181  Administration; rules; procedure.-
138	(5)(a)  Except as otherwise provided in paragraph (b), the
139	department has exclusive authority to regulate the sale,
140	composition, packaging, labeling, retail and wholesale
141	distribution, and formulation, including nutrient content level
142	and release rates, of fertilizer. This subsection expressly
143	preempts such regulation of fertilizer to the state.
144	(b)  An ordinance regulating the sale of fertilizer adopted
145	by a county or municipal government before July 1, 2011, is
146	exempt from this subsection, and the county or municipal
147	government is authorized to enforce such ordinance within its
148	respective jurisdiction.
149	Section 5.  This act shall take effect July 1, 2011.
150
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152	T I T L E  A M E N D M E N T
153	Remove the entire title and insert:
154	A bill to be entitled
155	An act relating to fertilizer; amending s. 403.9336, F.S.;
156	revising legislative findings relating to implementation
157	of the Model Ordinance for Florida-Friendly Fertilizer Use
158	on Urban Landscapes; updating reference to the version of
159	the model ordinance; amending s. 403.9337, F.S.; revising
160	the authority of county and municipal governments to adopt
161	fertilizer standards that are in addition to or more
162	stringent than standards of the model ordinance; requiring
163	county and municipal governments to report the adoption of
164	such standards to the Department of Environmental
165	Protection; providing for applicability of specified
166	provisions; amending ss. 570.07 and 576.181, F.S.;
167	requiring the Department of Agriculture and Consumer
168	Services to regulate the sale, composition, packaging,
169	labeling, retail and wholesale distribution, and
170	formulation of fertilizer; preempting such regulation of
171	fertilizer to the state; exempting certain ordinances
172	adopted before a specified date from such preemption;
173	authorizing county and municipal governments to enforce
174	such ordinances exempt from preemption; providing an
175	effective date.

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