Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for SB 2076
Barcode 170260
LEGISLATIVE ACTION
Senate . House
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Floor: 4/AD/2R .
05/05/2011 02:57 PM .
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Senator Siplin moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 621 - 667
4 and insert:
5 Section 17. 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 and
22 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
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 18. 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
84 ================= T I T L E A M E N D M E N T ================
85 And the title is amended as follows:
86 Delete lines 78 - 84
87 and insert:
88 amending ss. 570.07 and 576.181, F.S.; requiring the
89 department to regulate the sale, composition,
90 packaging, labeling, wholesale and retail
91 distribution, and formulation of fertilizer;
92 preempting such regulation of fertilizer to the state;
93 exempting certain ordinances adopted before a
94 specified date from such preemption; authorizing
95 county and municipal governments to enforce such
96 ordinances exempt from preemption; revising the
97 department's powers and duties relating to pollution
98 control and the prevention of