Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 2352

687212

CHAMBER ACTION

Senate

Comm: FC

4/22/2008

.

.

.

.

.

House



1

The Committee on Community Affairs (Geller) recommended the

2

following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete line(s) 79-154

6

and insert:

7

8

     Section 1.  Section 403.9335, Florida Statutes, is created

9

to read:

10

     403.9335 Short title.--Sections 403.9335-403.9338 may be

11

cited as the "Protection of Urban and Residential Environments

12

and Water Act."

13

     Section 2.  Section 403.9336, Florida Statutes, is created

14

to read:

15

     403.9336 Legislative findings.--The Legislature finds that

16

the model fertilizer use ordinance contained in the Florida

17

Consumer Fertilizer Task Force Final Report to the 2008 Florida

18

Legislature, issued January 15, 2008, as well as its

19

incorporation of rule 5E-1.003, Florida Administrative Code,

20

entitled "Labeling Requirements For Urban Turf Fertilizers," will

21

serve to improve the quality of water in this state's water

22

bodies.

23

     Section 3.  Section 403.9337, Florida Statutes, is created

24

to read:

25

     403.9337 Adoption of the Florida Friendly Fertilizer Use on

26

Urban Landscapes Model Ordinance.--

27

     (1) The Department of Environmental Protection is directed

28

to adopt by secretarial order on or before October 1, 2008, and

29

without changes, except for stylistic changes, the "Florida

30

Friendly Fertilizer Use on Urban Landscapes Model Ordinance"

31

contained in the Florida Consumer Fertilizer Task Force Final

32

Report to the 2008 Florida Legislature, issued January 15, 2008.

33

     (2) At least every 3 years, or as additional research or

34

other scientific information becomes available, the department,

35

in consultation with the Department of Agriculture and Consumer

36

Services, the University of Florida Institute of Food and

37

Agricultural Sciences, local governments, and other interested

38

parties, shall review the model ordinance and adopt changes as

39

necessary.

40

     (3) Any county or municipal government that has not held

41

public meetings on or before December 4, 2007, for the purpose of

42

developing a fertilizer use ordinance must adopt the department

43

adopted model ordinance, by reference, by December 31, 2008.

44

     (4) Any county or municipal government that has adopted and

45

implemented the most current model ordinance may adopt provisions

46

in addition to or more stringent than those contained in the

47

model ordinance as part of a comprehensive program, based on

48

sound scientific principles, to address nonpoint sources of

49

nutrient pollution; if such entity has:

50

     (a) Collected data demonstrating that the model ordinance

51

is insufficiently protective of water quality; or

52

     (b) An impaired or potentially impaired water body or

53

watershed within its jurisdiction.

54

     (5) Any county or municipal government may adopt provisions

55

in addition to or more stringent than those contained in the

56

model ordinance if:

57

     (a) The county or municipal government is a party to a

58

basin-management action plan adopted pursuant to s. 403.067

59

requiring provisions in addition to or more stringent than those

60

contained in the model ordinance; or

61

     (b) The county or municipal government has an approved

62

permit for a municipal separate storm sewer system requiring

63

provisions in addition to or more stringent than those contained

64

in the model ordinance.

65

     (6) Any county or municipal government electing to

66

establish provisions in addition to or more stringent than those

67

contained in the model ordinance shall consult with the

68

department, the Department of Agriculture and Consumer Services,

69

and the University of Florida Institute of Food and Agricultural

70

Sciences when establishing such provisions. Input from the

71

consulting agencies shall be received within 90 days and shall

72

become part of the public record of decision in the adoption of

73

any such provisions.

74

75

================ T I T L E  A M E N D M E N T ================

76

And the title is amended as follows:

77

     Delete line(s) 9-11

78

and insert:

79

80

date, without changes; requiring that the department, in

81

consultation with certain entities, review the model

82

ordinance and adopt changes as necessary within specified

83

periods; requiring a county or municipal government to

84

adopt the department model ordinance by a specified date;

85

providing an exception; authorizing

4/16/2008  1:49:00 PM     578-07850-08

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