Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 1684 Barcode 729062 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/02/2013 02:33 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hays moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 864 and 865 4 insert: 5 Section 26. Florida Fertilizer Regulatory Review Council.— 6 (1) The Legislature finds that: 7 (a) A science-based approach to the protection of the 8 state’s waterways is in the public interest of the state. 9 (b) Varying state and local regulations govern the 10 regulation of nonagricultural fertilizer or its use, and 11 inconsistencies resulting from varying regulations may affect 12 commerce and impact water quality in this state. 13 (c) It is advisable to identify practices or a combination 14 of practices, which, based on field testing, expert review, and 15 scientific information, individually or cumulatively protect the 16 quality of water in the state. 17 (2) There is created the Florida Fertilizer Regulatory 18 Review Council for the purpose of: 19 (a) Performing a comprehensive review of existing 20 scientific data relating to the environmental fate of nutrients 21 in urban settings. Such review shall include to the greatest 22 extent practical: 23 1. The sources of nutrients. 24 2. The origin of nutrient sources. 25 3. An estimate of the percentage of nutrients contributed 26 by each nutrient source. 27 4. Nutrient enrichment impacts of nonagricultural 28 fertilizers on surface waters. 29 5. An assessment of technically and economically feasible 30 management strategies for reducing water quality impacts 31 associated with the regulation of nonagricultural fertilizer or 32 its use including, but not limited to, prohibited application 33 periods, setbacks from water bodies, and identification of 34 additional research needs. 35 (b) Performing a comprehensive review of the Department of 36 Agriculture and Consumer Services’ rule 5E-1.003(2), Florida 37 Administrative Code; the Department of Environmental 38 Protection’s Model Ordinance for Florida-Friendly Fertilizer Use 39 on Urban Landscapes 2010; and all local ordinances in the state 40 regulating nonagricultural fertilizer or its use. 41 (c) Reviewing existing state laws and rules relating to the 42 regulation of nonagricultural fertilizer or its use. 43 (d) Recommending technically-feasible, economically 44 feasible, and enforceable methods and management strategies, 45 based upon best available data and science, that promote 46 consistency in state and local regulation of nonagricultural 47 fertilizer or its use where possible while balancing the need to 48 accommodate reasonable regional and local differences necessary 49 to meet state water quality standards. 50 (e) Holding public hearings and taking public testimony 51 concerning the regulation of nonagricultural fertilizers or its 52 use as well as related matters. 53 (f) Recommending amendments to the Department of 54 Environmental Protection’s Model Ordinance for Florida-Friendly 55 Fertilizer Use on Urban Landscapes 2010 based upon the council’s 56 findings after considering consistency with the Department of 57 Agriculture and Consumer Services’ rule 5E-1.003(2), Florida 58 Administrative Code. 59 (g) Recommending state policies for the regulation of 60 nonagricultural fertilizer or its use, including identification 61 of additional research that may inform future state policies. 62 (3) The council shall be composed of 15 members as follows: 63 (a) Four members appointed by the Secretary of 64 Environmental Protection, one of whom shall be the Secretary or 65 his or her designee and shall serve as the department’s 66 representative, one of whom shall be a representative of the 67 environmental community, one of whom shall be a water quality 68 scientist with experience in addressing water quality issues in 69 Florida, and one of whom shall be a representative of a water 70 management district. 71 (b) Four members appointed by the Commissioner of 72 Agriculture, one of whom shall be a representative of the 73 Department of Agriculture and Consumer Services, one of whom 74 shall be a representative of the University of Florida Institute 75 of Food and Agricultural Sciences, one of whom shall be a member 76 of the retail industry in the state, and one of whom shall be a 77 representative of the University of Florida Water Institute. 78 (c) Two members appointed by the President of the Senate, 79 one of whom shall be a representative of the pest control trade 80 associations in the state and one of whom shall be a 81 representative of the Florida Golf Course Superintendents 82 Association. 83 (d) Two members appointed by the Speaker of the House of 84 Representatives, one of whom shall be a representative of the 85 fertilizer industry in the state and one of whom shall be a 86 representative of the landscape and lawn care trade associations 87 in the state. 88 (e) One member appointed by the Florida League of Cities. 89 (f) One member appointed by the Florida Association of 90 Counties. 91 (g) One member appointed by the Florida Stormwater 92 Association. 93 (h) Each person or entity appointing members to the council 94 shall appoint an alternate member for each position on the 95 council in the same manner as each primary member is appointed. 96 An alternate member may attend and participate in public 97 meetings of the council in the absence of the primary member, 98 but may not vote as a member of the council. In the event of a 99 vacancy in a position on the council, the alternate member for 100 the vacant position shall serve on the council as a voting 101 member until the vacancy is filled by the person or entity 102 responsible for appointing a member to that position. 103 (i) Appointments of members and alternate members to the 104 council must be made on or before September 1, 2013. 105 (j) A council member or alternate member may not be a 106 registered lobbyist of any association, group, or entity 107 represented on the council. This prohibition does not apply to 108 the representative of the Department of Environmental 109 Protection, the Department of Agriculture and Consumer Services, 110 the water management districts, the University of Florida 111 Institute for Food and Agricultural Sciences, or the University 112 of Florida Water Institute. 113 (k) Private sector members of the council may not receive 114 per diem or reimbursement for travel expenses from the state. 115 (4) The council shall operate as follows: 116 (a) The two members representing the Department of 117 Agriculture and Consumer Services and the Department of 118 Environmental Protection shall serve as co-chairs of the 119 council. The representative of the Department of Agriculture and 120 Consumer Services shall call the first meeting of the council. 121 (b) The council shall be staffed and funded jointly by the 122 Department of Agriculture and Consumer Services and the 123 Department of Environmental Protection. 124 (c) The council is assigned to the Department of 125 Agriculture and Consumer Services for administrative purposes. 126 (d) At least eight voting members must be present for the 127 council to conduct business. Members may not vote by proxy. 128 Except as provided in this section, Roberts Rules of Order Newly 129 Revised apply to all meetings and actions taken by the council. 130 (e) The council’s first meeting must be held within 30 days 131 after all primary members are appointed, and the council must 132 conduct a minimum of 10 public meetings. The location of the 133 council’s public meetings must be geographically distributed 134 throughout the state with the final meeting held in Tallahassee 135 during a regularly scheduled legislative committee week before 136 January 1, 2016. 137 (f) The council shall submit a written report, including 138 its recommendations and findings, which must be approved by an 139 affirmative vote of at least eight voting members of the 140 council, to the Governor, the President of the Senate, the 141 Speaker of the House of Representatives, the Commissioner of 142 Agriculture, and the Secretary of Environmental Protection on or 143 before January 15, 2016. 144 (5) The council is dissolved January 15, 2016, or upon 145 submission of the report pursuant to paragraph (4)(f), whichever 146 occurs first. 147 Section 27. (1) Between July 1, 2013, and June 30, 2016, 148 local governments may not adopt new ordinances to regulate 149 nonagricultural fertilizer or its use. However, a local 150 government may adopt by ordinance the Department of 151 Environmental Protection’s Model Ordinance for Florida-Friendly 152 Fertilizer Use on Urban Landscapes 2010. 153 (2) An ordinance adopted after March 20, 2013, and before 154 July 1, 2013, to regulate nonagricultural fertilizer or its use 155 shall not be enforced before July 1, 2016, unless it is the 156 Department of Environmental Protection’s Model Ordinance for 157 Florida-Friendly Fertilizer Use on Urban Landscapes 2010. 158 159 ================= T I T L E A M E N D M E N T ================ 160 And the title is amended as follows: 161 Between lines 94 and 95 162 insert: 163 creating the Florida Fertilizer Regulatory Review 164 Council; providing legislative findings; providing for 165 the council’s purpose, membership, and duties; 166 providing for the council to be staffed and funded 167 jointly by the Department of Agriculture and Consumer 168 Services and the Department of Environmental 169 Protection; requiring the council to submit a report 170 to the Governor, Legislature, and specified officials; 171 providing for dissolution of the council; prohibiting 172 local governments from adopting or enforcing certain 173 ordinances; providing an exception;