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.