CS/CS/HB 457

1	A bill to be entitled
2	An act relating to fertilizer; amending s. 403.9336, F.S.;
3	deleting legislative findings relating to the
4	implementation by local governments of certain fertilizer
5	management practices; amending s. 403.9337, F.S.; deleting
6	authority for certain counties and municipalities to adopt
7	fertilizer management practices more stringent than
8	standards of a specified model ordinance; amending ss.
9	570.07 and 576.181, F.S.; requiring the Department of
10	Agricultural and Consumer Services to regulate the sale,
11	composition, formulation, packaging, use, application, and
12	distribution of fertilizer; preempting such regulation of
13	fertilizer to the state and the department; specifying
14	that such regulation of fertilizer by counties,
15	municipalities, and other political subdivisions is void;
16	authorizing county and municipal governments to enforce
17	the model ordinance; specifying that such preemption does
18	not limit certain authority of the Department of
19	Environmental Protection and water management districts;
20	providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Section 403.9336, Florida Statutes, is amended
25	to read:
26	403.9336  Legislative findings.-The Legislature finds that
27	the implementation of the Model Ordinance for Florida-Friendly
28	Fertilizer Use on Urban Landscapes (2010) (2008), which was
29	developed by the department in conjunction with the Consumer
30	Fertilizer Task Force, the Department of Agriculture and
31	Consumer Services, and the University of Florida Institute of
32	Food and Agricultural Sciences, will assist in protecting the
33	quality of Florida's surface water and groundwater resources.
34	The Legislature further finds that local conditions, including
35	variations in the types and quality of water bodies, site-
36	specific soils and geology, and urban or rural densities and
37	characteristics, may necessitate the implementation of
38	additional or more stringent fertilizer management practices at
39	the local government level.
40	Section 2.  Section 403.9337, Florida Statutes, is amended
41	to read:
42	403.9337 Model Ordinance for Florida-Friendly Fertilizer
43	Use on Urban Landscapes.-Except as otherwise provided in ss.
44	570.07(41) and 576.181(5):
45	(1) All county and municipal governments are encouraged to
46	adopt and enforce the most recent version of the Model Ordinance
47	for Florida-Friendly Fertilizer Use on Urban Landscapes or an
48	equivalent requirement as a mechanism for protecting local
49	surface and groundwater quality.
50	(2)  Each county and municipal government located within
51	the watershed of a water body or water segment that is listed as
52	impaired by nutrients pursuant to s. 403.067, shall, at a
53	minimum, adopt the most recent version of the department's Model
54	Ordinance for Florida-Friendly Fertilizer Use on Urban
55	Landscapes. A local government may adopt additional or more
56	stringent standards than the model ordinance if the following
57	criteria are met:
58	(a)  The local government has demonstrated, as part of a
59	comprehensive program to address nonpoint sources of nutrient
60	pollution which is science-based, and economically and
61	technically feasible, that additional or more stringent
62	standards than the model ordinance are necessary in order to
63	adequately address urban fertilizer contributions to nonpoint
64	source nutrient loading to a water body.
65	(b)  The local government documents that it has considered
66	all relevant scientific information, including input from the
67	department, the institute, the Department of Agriculture and
68	Consumer Services, and the University of Florida Institute of
69	Food and Agricultural Sciences, if provided, on the need for
70	additional or more stringent provisions to address fertilizer
71	use as a contributor to water quality degradation. All
72	documentation must become part of the public record before
73	adoption of the additional or more stringent criteria.
74	(3)  Any county or municipal government that adopted its
75	own fertilizer use ordinance before January 1, 2009, is exempt
76	from this section. Ordinances adopted or amended on or after
77	January 1, 2009, must substantively conform to the most recent
78	version of the model fertilizer ordinance and are subject to
79	subsections (1) and (2), as applicable.
80	(3)(4)  This section does not apply to the use of
81	fertilizer on farm operations as defined in s. 823.14 or on
82	lands classified as agricultural lands pursuant to s. 193.461.
83	Section 3.  Subsection (16) of section 570.07, Florida
84	Statutes, is amended, present subsection (41) is renumbered as
85	subsection (42), and a new subsection (41) is added to that
86	section, to read:
87	570.07  Department of Agriculture and Consumer Services;
88	functions, powers, and duties.-The department shall have and
89	exercise the following functions, powers, and duties:
90	(16)  To enforce the state laws and rules relating to:
91	(a)  Fruit and vegetable inspection and grading.;
92	(b)  Pesticide spray, residue inspection, and removal.;
93	(c)  Registration, labeling, inspection, and analysis of
94	commercial stock feeds and commercial fertilizers.;
95	(d)  Classification, inspection, and sale of poultry and
96	eggs.;
97	(e)  Registration, inspection, and analysis of gasolines
98	and oils.;
99	(f)  Registration, labeling, inspection, and analysis of
100	pesticides.;
101	(g)  Registration, labeling, inspection, germination
102	testing, and sale of seeds, both common and certified.;
103	(h)  Weights, measures, and standards.;
104	(i)  Foods, as set forth in the Florida Food Safety Act.;
105	(j)  Inspection and certification of honey.;
106	(k)  Sale of liquid fuels.;
107	(l)  Licensing of dealers in agricultural products.;
108	(m)  Administration and enforcement of all regulatory
109	legislation applying to milk and milk products, ice cream, and
110	frozen desserts.;
111	(n)  Recordation and inspection of marks and brands of
112	livestock.; and
113	(o)  Regulation of fertilizer, including its sale,
114	composition, formulation, packaging, and distribution.
115	(p)  Regulation of the use and application of fertilizer.
116	(q)(o)  All other regulatory laws relating to agriculture.
117
118	In order to ensure uniform health and safety standards, the
119	adoption of standards and fines in the subject areas of
120	paragraphs (a)-(o) (a)-(n) is expressly preempted to the state
121	and the department. Any local government enforcing the subject
122	areas of paragraphs (a)-(o) (a)-(n) must use the standards and
123	fines set forth in the pertinent statutes or any rules adopted
124	by the department pursuant to those statutes. In order to ensure
125	uniform health safety standards and fines in the subject area of
126	paragraph (p), county and municipal governments are authorized
127	to enforce the provisions of the Model Ordinance for Florida-
128	Friendly Fertilizer Use on Urban Landscapes as set forth in ss.
129	403.9336 and 403.9337 within their respective jurisdictions.
130	(41)(a)  Except as provided in paragraph (b), the
131	department has exclusive authority to regulate the sale,
132	composition, formulation, packaging, use, application, and
133	distribution of fertilizer under chapter 576. This subsection
134	expressly preempts such regulation of fertilizer to the state
135	and the department. Such regulation of fertilizer by a county,
136	municipality, or other political subdivision is void, regardless
137	of when adopted.
138	(b)  This subsection does not limit the authority of the
139	Department of Environmental Protection and the state's water
140	management districts under chapters 373 and 403 to adopt rules
141	or issue orders requiring fertilizer practices that are
142	necessary to achieve compliance with applicable water quality
143	standards or to implement federally authorized or delegated
144	programs.
145	Section 4.  Subsection (5) is added to section 576.181,
146	Florida Statutes, to read:
147	576.181  Administration; rules; procedure; preemption.-
148	(5)(a)  Except as provided in paragraph (b), the department
149	has exclusive authority to regulate the sale, composition,
150	formulation, packaging, use, application, and distribution of
151	fertilizer. This subsection expressly preempts such regulation
152	of fertilizer to the state and the department. Such regulation
153	of fertilizer by a county, municipality, or other political
154	subdivision is void, regardless of when adopted. Counties or
155	municipal governments are hereby authorized to enforce the
156	provisions of the Model Ordinance for Florida-Friendly
157	Fertilizer Use on Urban Landscapes, as set forth in ss. 403.9336
158	and 403.9337, in their respective jurisdictions.
159	(b)  This subsection does not limit the authority of the
160	Department of Environmental Protection and the state's water
161	management districts under chapters 373 and 403 to adopt rules
162	or issue orders requiring fertilizer practices that are
163	necessary to achieve compliance with applicable water quality
164	standards or to implement federally authorized or delegated
165	programs.
166	Section 5.  This act shall take effect July 1, 2011.

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