Bill Amendment: FL S1684 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Environmental Regulation

Status: 2013-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 999 (Ch. 2013-92) [S1684 Detail]

Download: Florida-2013-S1684-Senate_Floor_Amendment_729062.html

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       Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1684
       
       
       
       
       
       
                                Barcode 729062                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/02/2013 02:33 PM       .                                
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       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;