Bill Text: FL H0457 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Fertilizer

Spectrum: Moderate Partisan Bill (Republican 12-3)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0457 Detail]

Download: Florida-2011-H0457-Comm_Sub.html
CS/HB 457

A bill to be entitled
2An act relating to fertilizer; amending s. 403.9336, F.S.;
3deleting legislative findings relating to the
4implementation by local governments of certain fertilizer
5management practices; amending s. 403.9337, F.S.; deleting
6authority for certain counties and municipalities to adopt
7fertilizer management practices more stringent than
8standards of a specified model ordinance; amending ss.
9570.07 and 576.181, F.S.; requiring the Department of
10Agricultural and Consumer Services to regulate the sale,
11composition, formulation, packaging, use, application, and
12distribution of fertilizer; preempting such regulation of
13fertilizer to the state and the department; specifying
14that such regulation of fertilizer by counties,
15municipalities, and other political subdivisions is void;
16authorizing county and municipal governments to enforce
17the model ordinance; providing an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Section 403.9336, Florida Statutes, is amended
22to read:
23     403.9336  Legislative findings.-The Legislature finds that
24the implementation of the Model Ordinance for Florida-Friendly
25Fertilizer Use on Urban Landscapes (2008), which was developed
26by the department in conjunction with the Consumer Fertilizer
27Task Force, the Department of Agriculture and Consumer Services,
28and the University of Florida Institute of Food and Agricultural
29Sciences, will assist in protecting the quality of Florida's
30surface water and groundwater resources. The Legislature further
31finds that local conditions, including variations in the types
32and quality of water bodies, site-specific soils and geology,
33and urban or rural densities and characteristics, may
34necessitate the implementation of additional or more stringent
35fertilizer management practices at the local government level.
36     Section 2.  Section 403.9337, Florida Statutes, is amended
37to read:
38     403.9337  Model Ordinance for Florida-Friendly Fertilizer
39Use on Urban Landscapes.-Except as otherwise provided in ss.
40570.07(41) and 576.181(5):
41     (1)  All county and municipal governments are encouraged to
42adopt and enforce the Model Ordinance for Florida-Friendly
43Fertilizer Use on Urban Landscapes or an equivalent requirement
44as a mechanism for protecting local surface and groundwater
46     (2)  Each county and municipal government located within
47the watershed of a water body or water segment that is listed as
48impaired by nutrients pursuant to s. 403.067, shall, at a
49minimum, adopt the department's Model Ordinance for Florida-
50Friendly Fertilizer Use on Urban Landscapes. A local government
51may adopt additional or more stringent standards than the model
52ordinance if the following criteria are met:
53     (a)  The local government has demonstrated, as part of a
54comprehensive program to address nonpoint sources of nutrient
55pollution which is science-based, and economically and
56technically feasible, that additional or more stringent
57standards than the model ordinance are necessary in order to
58adequately address urban fertilizer contributions to nonpoint
59source nutrient loading to a water body.
60     (b)  The local government documents that it has considered
61all relevant scientific information, including input from the
62department, the institute, the Department of Agriculture and
63Consumer Services, and the University of Florida Institute of
64Food and Agricultural Sciences, if provided, on the need for
65additional or more stringent provisions to address fertilizer
66use as a contributor to water quality degradation. All
67documentation must become part of the public record before
68adoption of the additional or more stringent criteria.
69     (3)  Any county or municipal government that adopted its
70own fertilizer use ordinance before January 1, 2009, is exempt
71from this section. Ordinances adopted or amended on or after
72January 1, 2009, must substantively conform to the most recent
73version of the model fertilizer ordinance and are subject to
74subsections (1) and (2), as applicable.
75     (3)(4)  This section does not apply to the use of
76fertilizer on farm operations as defined in s. 823.14 or on
77lands classified as agricultural lands pursuant to s. 193.461.
78     Section 3.  Subsection (16) of section 570.07, Florida
79Statutes, is amended, present subsection (41) is renumbered as
80subsection (42), and a new subsection (41) is added to that
81section, to read:
82     570.07  Department of Agriculture and Consumer Services;
83functions, powers, and duties.-The department shall have and
84exercise the following functions, powers, and duties:
85     (16)  To enforce the state laws and rules relating to:
86     (a)  Fruit and vegetable inspection and grading.;
87     (b)  Pesticide spray, residue inspection, and removal.;
88     (c)  Registration, labeling, inspection, and analysis of
89commercial stock feeds and commercial fertilizers.;
90     (d)  Classification, inspection, and sale of poultry and
92     (e)  Registration, inspection, and analysis of gasolines
93and oils.;
94     (f)  Registration, labeling, inspection, and analysis of
96     (g)  Registration, labeling, inspection, germination
97testing, and sale of seeds, both common and certified.;
98     (h)  Weights, measures, and standards.;
99     (i)  Foods, as set forth in the Florida Food Safety Act.;
100     (j)  Inspection and certification of honey.;
101     (k)  Sale of liquid fuels.;
102     (l)  Licensing of dealers in agricultural products.;
103     (m)  Administration and enforcement of all regulatory
104legislation applying to milk and milk products, ice cream, and
105frozen desserts.;
106     (n)  Recordation and inspection of marks and brands of
107livestock.; and
108     (o)  Regulation of fertilizer, including the sale,
109composition, formulation, packaging, and distribution thereof.
110     (p)  Regulation of the use and application of fertilizer.
111     (q)(o)  All other regulatory laws relating to agriculture.
113In order to ensure uniform health and safety standards, the
114adoption of standards and fines in the subject areas of
115paragraphs (a)-(o) (a)-(n) is expressly preempted to the state
116and the department. Any local government enforcing the subject
117areas of paragraphs (a)-(o) (a)-(n) must use the standards and
118fines set forth in the pertinent statutes or any rules adopted
119by the department pursuant to those statutes. In order to ensure
120uniform health safety standards and fines in the regulation of
121the use and application of fertilizer, all county or municipal
122governments may enforce the Model Ordinance for Florida-Friendly
123Fertilizer Use on Urban Landscapes as provided in s. 403.9337
124within their respective jurisdictions.
125     (41)  The department has exclusive authority to regulate
126the sale, composition, formulation, packaging, use, application,
127and distribution of fertilizer under chapter 576. This
128subsection expressly preempts such regulation of fertilizer to
129the state and the department. Such regulation of fertilizer by a
130county, municipality, or other political subdivision is void,
131regardless of when adopted.
132     Section 4.  Subsection (5) is added to section 576.181,
133Florida Statutes, to read:
134     576.181  Administration; rules; procedure; preemption.-
135     (5)  The department has exclusive authority to regulate the
136sale, composition, formulation, packaging, use, application, and
137distribution of fertilizer. This subsection expressly preempts
138such regulation of fertilizer to the state and the department.
139Such regulation of fertilizer by a county, municipality, or
140other political subdivision is void, regardless of when adopted.
141All county or municipal governments may enforce the Model
142Ordinance for Florida-Friendly Fertilizer Use on Urban
143Landscapes as provided in s. 403.9337 within their respective
145     Section 5.  This act shall take effect July 1, 2011.

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