Amendment
Bill No. CS/CS/HB 7215
Amendment No. 788119
CHAMBER ACTION
Senate House
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1Representative Crisafulli offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 1055-1104 and insert:
5     Section 32.  Subsections (16), (19), and (28) of section
6570.07, Florida Statutes, are amended, present subsection (41)
7is renumbered as subsection (42), and a new subsection (41) is
8added to that section, to read:
9     570.07  Department of Agriculture and Consumer Services;
10functions, powers, and duties.-The department shall have and
11exercise the following functions, powers, and duties:
12     (16)  To enforce the state laws and rules relating to:
13     (a)  Fruit and vegetable inspection and grading;
14     (b)  Pesticide spray, residue inspection, and removal;
15     (c)  Registration, labeling, inspection, sale, composition,
16formulation, wholesale and retail distribution, and analysis of
17commercial stock feeds and registration, labeling, inspection,
18and analysis of commercial fertilizers;
19     (d)  Classification, inspection, and sale of poultry and
20eggs;
21     (e)  Registration, inspection, and analysis of gasolines
22and oils;
23     (f)  Registration, labeling, inspection, and analysis of
24pesticides;
25     (g)  Registration, labeling, inspection, germination
26testing, and sale of seeds, both common and certified;
27     (h)  Weights, measures, and standards;
28     (i)  Foods, as set forth in the Florida Food Safety Act;
29     (j)  Inspection and certification of honey;
30     (k)  Sale of liquid fuels;
31     (l)  Licensing of dealers in agricultural products;
32     (m)  Administration and enforcement of all regulatory
33legislation applying to milk and milk products, ice cream, and
34frozen desserts;
35     (n)  Recordation and inspection of marks and brands of
36livestock; and
37     (o)  Regulation of fertilizer, including its sale,
38composition, packaging, labeling, wholesale and retail
39distribution, and formulation, including nutrient content level
40and release rates; and
41     (p)(o)  All other regulatory laws relating to agriculture.
42
43In order to ensure uniform health and safety standards, the
44adoption of standards and fines in the subject areas of
45paragraphs (a)-(n) is expressly preempted to the state and the
46department. Any local government enforcing the subject areas of
47paragraphs (a)-(n) must use the standards and fines set forth in
48the pertinent statutes or any rules adopted by the department
49pursuant to those statutes.
50     (19)  To protect the dairy interests of the state; and, to
51that end, it shall enforce those functions, powers, and duties
52given to it in chapter chapters 502 and 503.
53     (28)  For purposes of pollution control and the prevention
54of wildfires purposes, to regulate open burning connected with
55rural land-clearing, agricultural, or forestry operations,
56except fires for cold or frost protection.
57     (41)(a)  Except as otherwise provided in paragraph (b), to
58exercise the exclusive authority to regulate the sale,
59composition, packaging, labeling, wholesale and retail
60distribution, and formulation, including nutrient content level
61and release rates, of fertilizer under chapter 576. This
62subsection expressly preempts such regulation of fertilizer to
63the state.
64     (b)  An ordinance regulating the sale of fertilizer adopted
65by a county or municipal government before July 1, 2011, is
66exempt from this subsection, and the county or municipal
67government may enforce such ordinance within its respective
68jurisdiction.
69     Section 33.  Subsection (5) is added to section 576.181,
70Florida Statutes, to read:
71     576.181  Administration; rules; procedure.-
72     (5)(a)  Except as otherwise provided in paragraph (b), the
73department has exclusive authority to regulate the sale,
74composition, packaging, labeling, wholesale and retail
75distribution, and formulation, including nutrient content level
76and release rates, of fertilizer. This subsection expressly
77preempts such regulation of fertilizer to the state.
78     (b)  An ordinance regulating the sale of fertilizer adopted
79by a county or municipal government before July 1, 2011, is
80exempt from this subsection, and the county or municipal
81government may enforce such ordinance within its respective
82jurisdiction.
83
84
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85
T I T L E  A M E N D M E N T
86     Remove lines 101-106 and insert:
87per diem and travel expenses; amending ss. 570.07 and
88576.181, F.S.; requiring the department to regulate the
89sale, composition, packaging, labeling, wholesale and
90retail distribution, and formulation of fertilizer;
91preempting such regulation of fertilizer to the state;
92exempting certain ordinances adopted before a specified
93date from such preemption; authorizing county and
94municipal governments to enforce such ordinances exempt
95from preemption; revising the department's powers and
96duties relating to pollution control and the


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