HB 1267

1
A bill to be entitled
2An act relating to protecting urban and residential
3environments and water; creating s. 403.9335, F.S.;
4providing a short title; creating s. 403.9336, F.S.;
5providing legislative findings; creating s. 403.9337,
6F.S.; requiring adoption of the "Florida Friendly
7Fertilizer Use on Urban Landscapes Model Ordinance" by a
8specified time; providing for adoption of additional or
9more stringent provisions; providing an exception to
10adoption; directing certain appropriations to local
11governments adopting the model ordinance or an expanded or
12more stringent one; amending s. 482.021, F.S.; providing a
13definition; amending s. 482.156, F.S.; deleting
14requirement for proof of certain training requirements
15established by the Department of Agriculture and Consumer
16Services; creating s. 482.1561, F.S.; providing
17regulations of commercial fertilizer application on urban
18turf; requiring certification of such applicators by the
19department; providing such fertilizer application be in
20compliance with best management practices established by
21the Department of Environmental Protection; creating s.
22482.1562, F.S.; establishing a limited certification
23category for commercial fertilizer application under the
24Department of Agriculture and Consumer Services; requiring
25completion of a minimum training program and minimum score
26on examination prior to application for certification;
27providing application fees; providing that the training
28program be designed, approved, and made available by the
29Department of Environmental Protection and the Institute
30of Food and Agricultural Sciences; providing for hours and
31subjects of training; requiring the Department of
32Environmental Protection to contract with the Institute of
33Food and Agricultural Sciences to lead the training
34effort; providing for co-location of programs; requiring
35the Department of Environmental Protection to provide
36program training coordinators; providing for regional
37train-the-trainers classes; requiring trainer
38certification; providing trainer criteria; requiring
39publication of certain training information; requiring
40issuance of trainer certificate by a specified time;
41requiring the maintenance and publication of a list of
42qualified trainers; providing recertification requirements
43for the limited certification for commercial fertilizer
44application issued by the Department of Agriculture and
45Consumer Services, including fees; requiring the
46maintenance of certain records by persons certified;
47authorizing the department to provide certain information
48to certain agencies; providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 403.9335, Florida Statutes, is created
53to read:
54     403.9335  Short title.--Sections 403.9335-403.9337 may be
55cited as the "Protection of Urban and Residential Environments
56and Water Act."
57     Section 2.  Section 403.9336, Florida Statutes, is created
58to read:
59     403.9336  Legislative findings.--The Legislature finds that
60the model fertilizer use ordinance contained in the Florida
61Consumer Fertilizer Task Force Final Report to the 2008 Florida
62Legislature, issued January 15, 2008, as well as its
63incorporation of Rule 5E-1.003(2), Florida Administrative Code,
64entitled, "Labeling Requirements For Urban Turf Fertilizers,"
65are protective of the quality of water in the state's water
66bodies.
67     Section 3.  Section 403.9337, Florida Statutes, is created
68to read:
69     403.9337  Adoption of the "Florida Friendly Fertilizer Use
70on Urban Landscapes Model Ordinance".--
71     (1)  Unless exempt, no later than October 1, 2008, all
72county and municipal governments must, at a minimum, adopt the
73"Florida Friendly Fertilizer Use on Urban Landscapes Model
74Ordinance" contained in the Florida Consumer Fertilizer Task
75Force Final Report to the 2008 Florida Legislature, issued
76January 15, 2008.
77     (2)  A county or municipal government, however, may adopt
78additional provisions to or more stringent provisions than the
79model ordinance, provided:
80     (a)  Such government can demonstrate it meets at least one
81of the following criteria:
82     1.  The county or municipal government has a verified
83impaired water body that exists within its jurisdiction;
84     2.  A total maximum daily loads requirement for the
85impaired water body exists under state and federal laws; or
86     3.  A more restrictive ordinance has been adopted as a part
87of a basin management action plan; or
88     (b)  The Environmental Regulation Commission of the
89Department of Environmental Protection deems the additional or
90more stringent provisions to the model ordinance necessary based
91on sound scientific principles.
92     (3)  Any county or municipal government that has adopted
93its own fertilizer use ordinance before July 1, 2008, is exempt
94from the requirement for adoption of the model ordinance.
95     (4)  Any appropriation by the Legislature for educating
96consumers on the model ordinance or on other fertilizer best
97management practices at the local government level shall be
98directed to only those counties and municipalities that have
99adopted the model ordinance or an expanded or more stringent
100ordinance as described in subsection (2).
101     Section 4.  Subsections (6) through (28) of section
102482.021, Florida Statutes, are renumbered as subsections (7)
103through (29), respectively, and a new subsection (6) is added to
104that section to read:
105     482.021  Definitions.--For the purposes of this chapter,
106and unless otherwise required by the context, the term:
107     (6)  "Commercial fertilizer application" means application
108of fertilizer for payment or other consideration to property not
109owned by a person or firm making the application or by the
110employer of the applicator.
111     Section 5.  Paragraph (b) of subsection (2) of section
112482.156, Florida Statutes, is amended to read:
113     482.156  Limited certification for commercial landscape
114maintenance personnel.--
115     (2)
116     (b)  To be eligible to take the examination, an applicant
117must have completed 6 classroom hours of plant bed and
118ornamental continuing education training approved by the
119department and provide sufficient proof, according to criteria
120established by department rule. The department shall provide the
121appropriate reference materials for the examination and make the
122examination readily accessible and available to applicants at
123least quarterly or as necessary in each county.
124     Section 6.  Section 482.1561, Florida Statutes, is created
125to read:
126     482.1561  Regulation of commercial fertilizer
127application.--
128     (1)  Any person who applies fertilizer commercially to
129urban turf, as defined by the department in rule issued under
130chapter 576, must hold a limited certificate for commercial
131fertilizer application issued under s. 482.1562.
132     (2)  Application of fertilizer to urban turf by a certified
133fertilizer applicator shall be in accordance with best
134management practices for fertilizer application as adopted by
135the Department of Environmental Protection.
136     (3)  For the purposes of this section, disciplinary action
137by the department shall be limited to suspension or revocation
138of the certificate issued for fertilizer application.
139     Section 7.  Section 482.1562, Florida Statutes, is created
140to read:
141     482.1562  Limited certification for commercial fertilizer
142application.--
143     (1)  The department shall establish a limited certification
144category for commercial fertilizer application to certify
145persons on the application of fertilizer to urban turf in
146compliance with best management practices for fertilizer
147application and management as adopted by the Department of
148Environmental Protection.
149     (2)(a)  A person seeking limited certification under this
150section must apply to the department and submit a copy of the
151training certificate received from the Department of
152Environmental Protection or the Institute of Food and
153Agricultural Sciences at the University of Florida as proof of
154having completed the minimum training program set forth in this
155section and having passed the final examination with a minimum
156score of 75 percent or other acceptable proof as described by
157the department in rule.
158     (b)  Each application must be accompanied by a registration
159fee set by the department, in an amount of not more than $150 or
160less than $50; however, until a rule setting this fee is adopted
161by the department, the examination fee is $50.
162     (3)(a)  The minimum training program for the certificate
163shall consist of a course that is designed, approved, and made
164available by the Department of Environmental Protection and the
165Institute of Food and Agricultural Sciences at the University of
166Florida. The course shall be based on the "Florida Green
167Industries Best Management Practices for Protection of Water
168Resources in Florida," published by the Department of
169Environmental Protection, and consist of a minimum of 6 contact
170hours of training in the following subjects:
171     1.  Overview of nonpoint source pollution, laws, and
172effects on water quality; effects on business, economy, and
173quality of life; and best management practices as both good
174business and environmental benefit.
175     2.  Fertilizer characteristics and selection, including
176physical and chemical properties; soil type, pH, temperature,
177and moisture effects on release rates; calculation of
178application rates; spreader calibration; and materials handling
179and spills.
180     3.  Florida turfgrass species and characteristics,
181including fertilizer requirements and the effects of landscape
182design, mowing, irrigation, shade, wear, pest, disease, cold and
183heat stresses on fertilizer materials, amounts and timing, and,
184conversely, the effects of fertilization on these cultural
185aspects in addition to direct effects on water quality,
186including nutrient pollution, erosion and sedimentation, and
187water usage rates.
188     4.  Irrigation systems and the effects of irrigation on
189volatilization, leaching, runoff, excessive withdrawal and water
190quality issues; effects of over or under irrigation on plants
191and fertilizer needs; effects of irrigation water quality and
192reclaimed water issues; diagnoses of irrigation and fertilizer
193problems; and importance of proper repair to maintain
194distribution uniformity to prevent spot leaching and runoff of
195fertilizers resulting in more fertilizer use and more pollution.
196     5.  Florida landscape plants and characteristics, including
197fertilizer requirements and the effects of landscape design,
198pruning, irrigation, shade, pest, disease, cold and heat
199stresses on fertilizer materials, amounts and timing, and,
200conversely, the effects of fertilization on these cultural
201aspects in addition to direct effects on water quality.
202     6.  Pesticide licensing law, including fertilizer-pesticide
203mixtures; integrated pest management, environmental effects, and
204safety; effects of fertilizer application on pesticide use; and
205effects of some pesticides on fertilization requirements.
206     (b)  Local ordinance compliance training shall be in
207addition to the required hours of instruction.
208     (4)  The Department of Environmental Protection shall
209contract with the University of Florida Institute of Food and
210Agricultural Sciences Extension to lead the training effort with
211the primary focus on state-level operations and county-level
212training. The Florida Green Industries Best Management Practices
213for Protection of Water Resources in Florida training program
214shall be co-located with the Florida Yards and Neighborhoods
215Program under the Institute of Food and Agricultural Sciences'
216Department of Environmental Horticulture's Family Friendly
217Program and the Center for Landscape Conservation and Ecology.
218     (5)  The Department of Environmental Protection shall
219provide program training coordinators through the NOAA coastal
220training programs at the Rookery Bay National Estuarine Research
221Reserve, the Guana-Tolomato-Matanzas National Estuarine Research
222Reserve and the Apalachicola National Estuarine Research Reserve
223to conduct regional train-the-trainer classes for industry
224professionals and corporate training staff and to coordinate and
225support local governments, water management districts, and the
226Institute of Food and Agricultural Sciences extension training
227activities.
228     (6)  Trainers shall be certified in the "Florida Green
229Industries Best Management Practices for Protection of Water
230Resources in Florida," published by the Department of
231Environmental Protection, and have a valid trainer certificate.
232All trainers shall satisfactorily complete a training program to
233conduct this course as provided below, or they shall have the
234academic credentials and instructional experience necessary for
235teaching the subjects. Trainer criteria shall include:
236     (a)  Demonstrated subject matter expertise, which includes
237an appropriate level of technical knowledge, skills, or
238abilities in the subjects they teach.
239     (b)  Demonstrated competency in delivery techniques and
240methods appropriate to adult learning principles for the target
241audience and the learning objectives.
242     (c)  Continued professional competency demonstrated by
243participating in continuing education, development programs, or
244experience related to their subject matter expertise and
245delivery skills.
246     (d)  Periodic evaluation of instructional competence by the
247training manager or his or her appointee.
248     (7)  The Department of Environmental Protection, in
249consultation with the department and with the Institute of Food
250and Agricultural Sciences, shall publish training requirements,
251procedures, and materials.
252     (8)  A trainer certificate shall be issued by Department of
253Environmental Protection or the Institute of Food and
254Agricultural Sciences at the University of Florida for certified
255trainers, effective January 1, 2008. A list of qualified
256trainers shall be maintained and published.
257     (9)  An application for recertification under this section
258must be made annually and be accompanied by a recertification
259fee set by the department, in an amount of not more than $75 or
260less than $25; however, until a rule setting this fee is adopted
261by the department, the fee for recertification is $25. After a
262grace period not exceeding 30 calendar days following the annual
263date that recertification is due, a late renewal charge of $50
264shall be assessed and must be paid in addition to the renewal
265fee. Unless timely recertified, a certificate automatically
266expires 180 calendar days after the anniversary recertification
267date. Subsequent to such expiration, a certificate may be issued
268only upon successful reexamination and upon payment of the
269examination fees due.
270     (10)  A person certified under this section shall maintain
271records documenting the type of fertilizer applied and the
272amounts and location of application. Such records must be
273maintained for at least 3 years and be available for review by
274the department upon request.
275     (11)  The department is authorized to provide information
276on the certification status of persons certified under this
277section and results of inspections and investigations to local
278and state government agencies involved in the regulation of
279fertilizer use and management and to cooperate with these
280entities to more efficiently regulate the use and management of
281fertilizer.
282     Section 8.  This act shall take effect upon becoming a law.


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