Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for CS for SB 1184
       
       
       
       
       
       
                                Barcode 788010                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2012           .                                
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       The Committee on Budget Subcommittee on Finance and Tax (Norman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 349 - 366
    4  and insert:
    5         Section 7. Paragraph (c) of subsection (16) and paragraph
    6  (a) of subsection (41) of section 570.07, Florida Statutes, are
    7  amended to read:
    8         570.07 Department of Agriculture and Consumer Services;
    9  functions, powers, and duties.—The department shall have and
   10  exercise the following functions, powers, and duties:
   11         (16) To enforce the state laws and rules relating to:
   12         (c) Registration, labeling, inspection, sale, use,
   13  composition, formulation, wholesale and retail distribution, and
   14  analysis of commercial stock feeds and registration, labeling,
   15  inspection, and analysis of commercial fertilizers;
   16  
   17  In order to ensure uniform health and safety standards, the
   18  adoption of standards and fines in the subject areas of
   19  paragraphs (a)-(n) is expressly preempted to the state and the
   20  department. Any local government enforcing the subject areas of
   21  paragraphs (a)-(n) must use the standards and fines set forth in
   22  the pertinent statutes or any rules adopted by the department
   23  pursuant to those statutes.
   24         (41)(a) Except as otherwise provided in paragraph (b), to
   25  exercise the exclusive authority to regulate the sale,
   26  composition, packaging, labeling, wholesale and retail
   27  distribution, nutrient application rates, and formulation,
   28  including nutrient content level and release rates, of
   29  fertilizer under chapter 576. This subsection expressly preempts
   30  such regulation of fertilizer to the state and precludes the
   31  adoption or enforcement of any local ordinance that regulates
   32  the application of fertilizer based upon the fertilizer’s
   33  composition or formulation, including nutrient content level and
   34  release rates.
   35         Section 8. Paragraph (a) of subsection (5) of section
   36  576.181, Florida Statutes, is amended to read:
   37         576.181 Administration; rules; procedure.—
   38         (5)(a) Except as otherwise provided in paragraph (b), the
   39  department has exclusive authority to regulate the sale,
   40  composition, packaging, labeling, wholesale and retail
   41  distribution, nutrient application rates, and formulation,
   42  including nutrient content level and release rates, of
   43  fertilizer. This subsection expressly preempts such regulation
   44  of fertilizer to the state and precludes the adoption or
   45  enforcement of any local ordinance that regulates the
   46  application of fertilizer based upon the fertilizer’s
   47  composition or formulation, including nutrient content level and
   48  release rates.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51         And the title is amended as follows:
   52         Delete line 73
   53  and insert:
   54         of commercial stock feeds; preempting the regulation
   55         of fertilizer nutrient application rates to the state;
   56         providing for applicability of certain provisions
   57         preempting fertilizer regulations to the state;
   58         amending s. 576.181, F.S.; preempting the regulation
   59         of fertilizer nutrient application rates to the state;
   60         providing for applicability of certain provisions
   61         preempting fertilizer regulations to the state;
   62         amending s. 580.036, F.S.;