Florida Senate - 2011 CS for SB 606
By the Committee on Agriculture; and Senator Evers
575-02431-11 2011606c1
1 A bill to be entitled
2 An act relating to fertilizer; amending s. 403.9336,
3 F.S.; deleting legislative findings relating to the
4 implementation by local governments of certain
5 fertilizer management practices; amending s. 403.9337,
6 F.S.; deleting authority for certain counties and
7 municipalities to adopt fertilizer management
8 practices more stringent than standards of a specified
9 model ordinance; amending ss. 570.07 and 576.181,
10 F.S.; requiring the Department of Agriculture and
11 Consumer Services to regulate the sale, composition,
12 formulation, packaging, use, application, and
13 distribution of fertilizer; preempting such regulation
14 of fertilizer to the state and the department;
15 specifying that such regulation of fertilizer by
16 counties, municipalities, and other political
17 subdivisions is void; authorizing local governments to
18 provide enforcement of the provisions of the model
19 ordinance; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 403.9336, Florida Statutes, is amended
24 to read:
25 403.9336 Legislative findings.—The Legislature finds that
26 the implementation of the Model Ordinance for Florida-Friendly
27 Fertilizer Use on Urban Landscapes (2008), which was developed
28 by the department in conjunction with the Consumer Fertilizer
29 Task Force, the Department of Agriculture and Consumer Services,
30 and the University of Florida Institute of Food and Agricultural
31 Sciences, will assist in protecting the quality of Florida’s
32 surface water and groundwater resources. The Legislature further
33 finds that local conditions, including variations in the types
34 and quality of water bodies, site-specific soils and geology,
35 and urban or rural densities and characteristics, may
36 necessitate the implementation of additional or more stringent
37 fertilizer management practices at the local government level.
38 Section 2. Section 403.9337, Florida Statutes, is amended
39 to read:
40 403.9337 Model Ordinance for Florida-Friendly Fertilizer
41 Use on Urban Landscapes.—Except as otherwise provided in ss.
42 570.07(41) and 576.181(5):
43 (1) All county and municipal governments are encouraged to
44 adopt and enforce the Model Ordinance for Florida-Friendly
45 Fertilizer Use on Urban Landscapes or an equivalent requirement
46 as a mechanism for protecting local surface and groundwater
47 quality.
48 (2) Each county and municipal government located within the
49 watershed of a water body or water segment that is listed as
50 impaired by nutrients pursuant to s. 403.067, shall, at a
51 minimum, adopt the department’s Model Ordinance for Florida
52 Friendly Fertilizer Use on Urban Landscapes. A local government
53 may adopt additional or more stringent standards than the model
54 ordinance if the following criteria are met:
55 (a) The local government has demonstrated, as part of a
56 comprehensive program to address nonpoint sources of nutrient
57 pollution which is science-based, and economically and
58 technically feasible, that additional or more stringent
59 standards than the model ordinance are necessary in order to
60 adequately address urban fertilizer contributions to nonpoint
61 source nutrient loading to a water body.
62 (b) The local government documents that it has considered
63 all relevant scientific information, including input from the
64 department, the institute, the Department of Agriculture and
65 Consumer Services, and the University of Florida Institute of
66 Food and Agricultural Sciences, if provided, on the need for
67 additional or more stringent provisions to address fertilizer
68 use as a contributor to water quality degradation. All
69 documentation must become part of the public record before
70 adoption of the additional or more stringent criteria.
71 (3) Any county or municipal government that adopted its own
72 fertilizer use ordinance before January 1, 2009, is exempt from
73 this section. Ordinances adopted or amended on or after January
74 1, 2009, must substantively conform to the most recent version
75 of the model fertilizer ordinance and are subject to subsections
76 (1) and (2), as applicable.
77 (3)(4) This section does not apply to the use of fertilizer
78 on farm operations as defined in s. 823.14 or on lands
79 classified as agricultural lands pursuant to s. 193.461.
80 Section 3. Subsection (16) of section 570.07, Florida
81 Statutes, is amended, present subsection (41) of that section is
82 renumbered as subsection (42), and a new subsection (41) is
83 added to that section, to read:
84 570.07 Department of Agriculture and Consumer Services;
85 functions, powers, and duties.—The department shall have and
86 exercise the following functions, powers, and duties:
87 (16) To enforce the state laws and rules relating to:
88 (a) Fruit and vegetable inspection and grading.;
89 (b) Pesticide spray, residue inspection, and removal.;
90 (c) Registration, labeling, inspection, and analysis of
91 commercial stock feeds and commercial fertilizers.;
92 (d) Classification, inspection, and sale of poultry and
93 eggs.;
94 (e) Registration, inspection, and analysis of gasolines and
95 oils.;
96 (f) Registration, labeling, inspection, and analysis of
97 pesticides.;
98 (g) Registration, labeling, inspection, germination
99 testing, and sale of seeds, both common and certified.;
100 (h) Weights, measures, and standards.;
101 (i) Foods, as set forth in the Florida Food Safety Act.;
102 (j) Inspection and certification of honey.;
103 (k) Sale of liquid fuels.;
104 (l) Licensing of dealers in agricultural products.;
105 (m) Administration and enforcement of all regulatory
106 legislation applying to milk and milk products, ice cream, and
107 frozen desserts.;
108 (n) Recordation and inspection of marks and brands of
109 livestock.; and
110 (o) Regulation of fertilizer, including the sale,
111 composition, formulation, packaging, and distribution.
112 (p) Regulation of the use and application of fertilizer.
113 (q)(o) All other regulatory laws relating to agriculture.
114
115 In order to ensure uniform health and safety standards, the
116 adoption of standards and fines in the subject areas of
117 paragraphs (a)-(o) (a)-(n) is expressly preempted to the state
118 and the department. Any local government enforcing the subject
119 areas of paragraphs (a)-(o) (a)-(n) must use the standards and
120 fines set forth in the pertinent statutes or any rules adopted
121 by the department pursuant to those statutes. In order to ensure
122 uniform health safety standards and fines in the subject area of
123 paragraph (p), counties or municipal governments are hereby
124 authorized to enforce the provisions of the Model Ordinance for
125 Florida-Friendly Fertilizer Use on Urban Landscapes, as setforth
126 in 403.9337, in their respective jurisdictions.
127 (41) The department has exclusive authority to regulate the
128 sale, composition, formulation, packaging, use, application, and
129 distribution of fertilizer under chapter 576. This subsection
130 expressly preempts such regulation of fertilizer to the state
131 and the department. Such regulation of fertilizer by a county,
132 municipality, or other political subdivision is void, regardless
133 of when adopted.
134 Section 4. Section 576.181, Florida Statutes, is amended to
135 read:
136 576.181 Administration; rules; procedure; preemption.—
137 (1) This chapter and all rules adopted hereunder shall be
138 administered and enforced by the department.
139 (2) The department is authorized, by rule, to implement,
140 make specific, and interpret the provisions of this chapter, and
141 specifically to determine the composition and uses of fertilizer
142 as defined in this chapter, including, without limiting the
143 foregoing general terms, the taking and handling of samples, the
144 establishment of investigational allowances, deficiencies, and
145 penalties where not specifically provided for in this chapter;
146 to prohibit the sale or use in fertilizer of any material proven
147 to be detrimental to agriculture, public health, or the
148 environment, or of questionable value; to provide for the
149 incorporation into fertilizer of such other substances as
150 pesticides and proper labeling of such mixture; and to prescribe
151 the information which shall appear on the label other than
152 specifically set forth in this chapter.
153 (3) The department may establish by rule requirements
154 governing aircraft used for the aerial application of
155 fertilizers, including requirements for recordkeeping, annual
156 aircraft registration, secure storage when not in use, area-of
157 application information, and reporting any sale, lease,
158 purchase, rental, or transfer of such aircraft to another
159 person.
160 (4) The department may establish by rule requirements
161 governing the secure storage of fertilizers used by aerial
162 fertilizer applicators.
163 (5) The department has exclusive authority to regulate the
164 sale, composition, formulation, packaging, use, application, and
165 distribution of fertilizer. This subsection expressly preempts
166 such regulation of fertilizer to the state and the department.
167 Such regulation of fertilizer by a county, municipality, or
168 other political subdivision is void, regardless of when adopted.
169 Counties or municipal governments are hereby authorized to
170 enforce the provisions of the Model Ordinance for Florida
171 Friendly Fertilizer Use on Urban Landscapes, as set forth in
172 403.9337, in their respective jurisdictions.
173 Section 5. This act shall take effect July 1, 2011.