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

Amendment No. 709897

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative Tobia 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.-Except as otherwise provided in ss.
25	570.07(41) and 576.181(5):
26	(1)  All county and municipal governments are encouraged to
27	adopt and enforce the most recent version of the Model Ordinance
28	for Florida-Friendly Fertilizer Use on Urban Landscapes or an
29	equivalent requirement as a mechanism for protecting local
30	surface and groundwater quality.
31	(2)  Each county and municipal government located within
32	the watershed of a water body or water segment that is listed as
33	impaired by nutrients pursuant to s. 403.067, shall, at a
34	minimum, adopt and enforce the most recent version of the
35	department's Model Ordinance for Florida-Friendly Fertilizer Use
36	on Urban Landscapes. A local government may adopt additional or
37	more stringent standards than the model ordinance if the
38	following criteria are met:
39	(a)  The local government has demonstrated, as part of a
40	comprehensive program to address nonpoint sources of nutrient
41	pollution which is science-based, and economically and
42	technically feasible, that additional or more stringent
43	standards than the model ordinance are necessary in order to
44	adequately address urban fertilizer contributions to nonpoint
45	source nutrient loading to a water body.
46	(b)  The local government documents that it has considered
47	all relevant scientific information, including input from the
48	department, the institute, the Department of Agriculture and
49	Consumer Services, and the University of Florida Institute of
50	Food and Agricultural Sciences, if provided, on the need for
51	additional or more stringent provisions to address fertilizer
52	use as a contributor to water quality degradation. All
53	documentation must become part of the public record before
54	adoption of the additional or more stringent criteria.
55	(3)  Any county or municipal government that adopted its
56	own fertilizer use ordinance before January 1, 2009, is exempt
57	from this section. Ordinances adopted or amended on or after
58	January 1, 2009, must substantively conform to the most recent
59	version of the model fertilizer ordinance and are subject to
60	subsections (1) and (2), as applicable.
61	(3)(4)  This section does not apply to the use of
62	fertilizer on farm operations as defined in s. 823.14 or on
63	lands classified as agricultural lands pursuant to s. 193.461.
64	Section 3.  Subsection (16) of section 570.07, Florida
65	Statutes, is amended, present subsection (41) is renumbered as
66	subsection (42), and a new subsection (41) is added to that
67	section, to read:
68	570.07  Department of Agriculture and Consumer Services;
69	functions, powers, and duties.-The department shall have and
70	exercise the following functions, powers, and duties:
71	(16)  To enforce the state laws and rules relating to:
72	(a)  Fruit and vegetable inspection and grading;
73	(b)  Pesticide spray, residue inspection, and removal;
74	(c)  Registration, labeling, inspection, and analysis of
75	commercial stock feeds and commercial fertilizers;
76	(d)  Classification, inspection, and sale of poultry and
77	eggs;
78	(e)  Registration, inspection, and analysis of gasolines
79	and oils;
80	(f)  Registration, labeling, inspection, and analysis of
81	pesticides;
82	(g)  Registration, labeling, inspection, germination
83	testing, and sale of seeds, both common and certified;
84	(h)  Weights, measures, and standards;
85	(i)  Foods, as set forth in the Florida Food Safety Act;
86	(j)  Inspection and certification of honey;
87	(k)  Sale of liquid fuels;
88	(l)  Licensing of dealers in agricultural products;
89	(m)  Administration and enforcement of all regulatory
90	legislation applying to milk and milk products, ice cream, and
91	frozen desserts;
92	(n)  Recordation and inspection of marks and brands of
93	livestock; and
94	(o)  Regulation of fertilizer, including its sale,
95	composition, packaging, labeling, retail and wholesale
96	distribution, and formulation, including nutrient content level
97	and release rates; and
98	(p)(o)  All other regulatory laws relating to agriculture.
99
100	In order to ensure uniform health and safety standards, the
101	adoption of standards and fines in the subject areas of
102	paragraphs (a)-(n) is expressly preempted to the state and the
103	department. Any local government enforcing the subject areas of
104	paragraphs (a)-(n) must use the standards and fines set forth in
105	the pertinent statutes or any rules adopted by the department
106	pursuant to those statutes.
107	(41)  The department has exclusive authority to regulate
108	the sale, composition, packaging, labeling, retail and wholesale
109	distribution, and formulation, including nutrient content level
110	and release rates, of fertilizer under chapter 576. This
111	subsection expressly preempts such regulation of fertilizer to
112	the state. Such regulation of fertilizer by a county or
113	municipal government is void, regardless of when adopted, except
114	that a county or municipal government may, pursuant to ss.
115	403.9336 and 403.9337, enforce the Model Ordinance for Florida-
116	Friendly Fertilizer Use on Urban Landscapes within its
117	respective jurisdiction.
118	(42)(41)  Notwithstanding the provisions of s. 287.057(22)
119	that require all agencies to use the online procurement system
120	developed by the Department of Management Services, the
121	department may continue to use its own online system. However,
122	vendors utilizing such system shall be prequalified as meeting
123	mandatory requirements and qualifications and shall remit fees
124	pursuant to s. 287.057(22), and any rules implementing s.
125	287.057.
126	Section 4.  Subsection (5) is added to section 576.181,
127	Florida Statutes, to read:
128	576.181  Administration; rules; procedure.-
129	(5)  The department has exclusive authority to regulate the
130	sale, composition, packaging, labeling, retail and wholesale
131	distribution, and formulation, including nutrient content level
132	and release rates, of fertilizer. This subsection expressly
133	preempts such regulation of fertilizer to the state. Such
134	regulation of fertilizer by a county or municipal government is
135	void, regardless of when adopted, except that a county or
136	municipal government may, pursuant to ss. 403.9336 and 403.9337,
137	enforce the Model Ordinance for Florida-Friendly Fertilizer Use
138	on Urban Landscapes within its respective jurisdiction.
139	Section 5.  This act shall take effect July 1, 2011.
140
141	-----------------------------------------------------
142	T I T L E  A M E N D M E N T
143	Remove the entire title and insert:
144	A bill to be entitled
145	An act relating to fertilizer; amending s. 403.9336, F.S.;
146	revising legislative findings relating to implementation
147	of the Model Ordinance for Florida-Friendly Fertilizer Use
148	on Urban Landscapes; updating reference to the version of
149	the model ordinance; deleting legislative findings
150	relating to implementation by local governments of certain
151	fertilizer management practices; amending s. 403.9337,
152	F.S.; deleting the authority of county and municipal
153	governments to adopt fertilizer standards that are in
154	addition to or more stringent than standards of the model
155	ordinance; amending ss. 570.07 and 576.181, F.S.;
156	requiring the Department of Agriculture and Consumer
157	Services to regulate the sale, composition, packaging,
158	labeling, retail and wholesale distribution, and
159	formulation of fertilizer; preempting such regulation of
160	fertilizer to the state; specifying that such regulation
161	of fertilizer by county and municipal governments is void;
162	authorizing county and municipal governments to enforce
163	the model ordinance; providing an effective date.

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