CS/CS/CS/HB 457

1	A bill to be entitled
2	An act relating to fertilizer; amending s. 403.9336, F.S.;
3	revising legislative findings relating to implementation
4	of the Model Ordinance for Florida-Friendly Fertilizer Use
5	on Urban Landscapes; updating reference to the version of
6	the model ordinance; amending s. 403.9337, F.S.; revising
7	the authority of county and municipal governments to adopt
8	fertilizer standards that are in addition to or more
9	stringent than standards of the model ordinance; requiring
10	county and municipal governments to report the adoption of
11	such standards to the Department of Environmental
12	Protection; providing for applicability of specified
13	provisions; amending ss. 570.07 and 576.181, F.S.;
14	requiring the Department of Agriculture and Consumer
15	Services to regulate the sale, composition, packaging,
16	labeling, retail and wholesale distribution, and
17	formulation of fertilizer; preempting such regulation of
18	fertilizer to the state; exempting certain ordinances
19	adopted before a specified date from such preemption;
20	authorizing county and municipal governments to enforce
21	such ordinances exempt from preemption; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 403.9336, Florida Statutes, is amended
27	to read:
28	403.9336  Legislative findings.-The Legislature finds that
29	the implementation of the Model Ordinance for Florida-Friendly
30	Fertilizer Use on Urban Landscapes 2010 (2008), which was
31	developed by the department in conjunction with the Consumer
32	Fertilizer Task Force, the Department of Agriculture and
33	Consumer Services, and the University of Florida Institute of
34	Food and Agricultural Sciences, will assist in protecting the
35	quality of the state's Florida's surface water and groundwater
36	resources. The Legislature further finds that local conditions,
37	including variations in the types and quality of water bodies,
38	site-specific soils and geology, and urban or rural densities
39	and characteristics, may necessitate the implementation of
40	additional or more stringent fertilizer management practices at
41	the local government level.
42	Section 2.  Section 403.9337, Florida Statutes, is amended
43	to read:
44	403.9337  Model Ordinance for Florida-Friendly Fertilizer
45	Use on Urban Landscapes.-
46	(1)  All county and municipal governments are encouraged to
47	adopt and enforce the most recent version of the Model Ordinance
48	for Florida-Friendly Fertilizer Use on Urban Landscapes or an
49	equivalent requirement as a mechanism for protecting local
50	surface and groundwater quality.
51	(2)  Unless exempt under paragraph (4)(a), each county and
52	municipal government located within the watershed of a water
53	body or water segment that is listed as impaired by nutrients
54	pursuant to s. 403.067, shall, at a minimum, adopt and enforce
55	the most recent version of the department's Model Ordinance for
56	Florida-Friendly Fertilizer Use on Urban Landscapes.
57	(3)  Notwithstanding subsection (2), a county or municipal
58	local government may adopt fertilizer ordinances that establish
59	standards that are in addition to additional or more stringent
60	standards than the model ordinance if each of the following
61	criteria is are met:
62	(a)  The county or municipal local government has
63	demonstrated, as part of a comprehensive program to address
64	multiple nonpoint sources of nutrient pollution which is
65	science-based, and economically and technically feasible, and
66	the that additional or more stringent standards than the model
67	ordinance are necessary in order to adequately address urban
68	fertilizer contributions to nonpoint source nutrient loading to
69	a water body;.
70	(b)  The county or municipal local government documents
71	that it has considered all relevant scientific information,
72	including input from the department, the institute, the
73	Department of Agriculture and Consumer Services, and the
74	University of Florida Institute of Food and Agricultural
75	Sciences, if provided, on the need for additional or more
76	stringent provisions to address fertilizer use as a contributor
77	to water quality degradation. All documentation must become part
78	of the public record before adoption of the additional or more
79	stringent criteria; and
80	(c)  The county or municipal government reports the
81	adoption of its fertilizer ordinances to the department.
82	(4)(a)(3)  This section does not apply to any fertilizer
83	ordinances of a Any county or municipal government that adopted
84	such ordinances before July 1, 2011 its own fertilizer use
85	ordinance before January 1, 2009, is exempt from this section.
86	Ordinances adopted or amended on or after January 1, 2009, must
87	substantively conform to the most recent version of the model
88	fertilizer ordinance and are subject to subsections (1) and (2),
89	as applicable.
90	(b)(4)  This section does not apply to the use of
91	fertilizer on farm operations as defined in s. 823.14 or on
92	lands classified as agricultural lands pursuant to s. 193.461.
93	Section 3.  Subsection (16) of section 570.07, Florida
94	Statutes, is amended, present subsection (41) is renumbered as
95	subsection (42), and a new subsection (41) is added to that
96	section, to read:
97	570.07  Department of Agriculture and Consumer Services;
98	functions, powers, and duties.-The department shall have and
99	exercise the following functions, powers, and duties:
100	(16)  To enforce the state laws and rules relating to:
101	(a)  Fruit and vegetable inspection and grading;
102	(b)  Pesticide spray, residue inspection, and removal;
103	(c)  Registration, labeling, inspection, and analysis of
104	commercial stock feeds and commercial fertilizers;
105	(d)  Classification, inspection, and sale of poultry and
106	eggs;
107	(e)  Registration, inspection, and analysis of gasolines
108	and oils;
109	(f)  Registration, labeling, inspection, and analysis of
110	pesticides;
111	(g)  Registration, labeling, inspection, germination
112	testing, and sale of seeds, both common and certified;
113	(h)  Weights, measures, and standards;
114	(i)  Foods, as set forth in the Florida Food Safety Act;
115	(j)  Inspection and certification of honey;
116	(k)  Sale of liquid fuels;
117	(l)  Licensing of dealers in agricultural products;
118	(m)  Administration and enforcement of all regulatory
119	legislation applying to milk and milk products, ice cream, and
120	frozen desserts;
121	(n)  Recordation and inspection of marks and brands of
122	livestock; and
123	(o)  Regulation of fertilizer, including its sale,
124	composition, packaging, labeling, retail and wholesale
125	distribution, and formulation, including nutrient content level
126	and release rates; and
127	(p)(o)  All other regulatory laws relating to agriculture.
128
129	In order to ensure uniform health and safety standards, the
130	adoption of standards and fines in the subject areas of
131	paragraphs (a)-(n) is expressly preempted to the state and the
132	department. Any local government enforcing the subject areas of
133	paragraphs (a)-(n) must use the standards and fines set forth in
134	the pertinent statutes or any rules adopted by the department
135	pursuant to those statutes.
136	(41)(a)  Except as otherwise provided in paragraph (b), the
137	department has exclusive authority to regulate the sale,
138	composition, packaging, labeling, retail and wholesale
139	distribution, and formulation, including nutrient content level
140	and release rates, of fertilizer under chapter 576. This
141	subsection expressly preempts such regulation of fertilizer to
142	the state.
143	(b)  An ordinance regulating the sale of fertilizer adopted
144	by a county or municipal government before July 1, 2011, is
145	exempt from this subsection, and the county or municipal
146	government is authorized to enforce such ordinance within its
147	respective jurisdiction.
148	(42)(41)  Notwithstanding the provisions of s. 287.057(22)
149	that require all agencies to use the online procurement system
150	developed by the Department of Management Services, the
151	department may continue to use its own online system. However,
152	vendors utilizing such system shall be prequalified as meeting
153	mandatory requirements and qualifications and shall remit fees
154	pursuant to s. 287.057(22), and any rules implementing s.
155	287.057.
156	Section 4.  Subsection (5) is added to section 576.181,
157	Florida Statutes, to read:
158	576.181  Administration; rules; procedure.-
159	(5)(a)  Except as otherwise provided in paragraph (b), the
160	department has exclusive authority to regulate the sale,
161	composition, packaging, labeling, retail and wholesale
162	distribution, and formulation, including nutrient content level
163	and release rates, of fertilizer. This subsection expressly
164	preempts such regulation of fertilizer to the state.
165	(b)  An ordinance regulating the sale of fertilizer adopted
166	by a county or municipal government before July 1, 2011, is
167	exempt from this subsection, and the county or municipal
168	government is authorized to enforce such ordinance within its
169	respective jurisdiction.
170	Section 5.  This act shall take effect July 1, 2011.

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