| 1 | A bill to be entitled |
| 2 | An act relating to protecting urban and residential |
| 3 | environments and water; creating s. 403.9335, F.S.; |
| 4 | providing a short title; creating s. 403.9336, F.S.; |
| 5 | providing legislative findings; creating s. 403.9337, |
| 6 | F.S.; encouraging county and municipal governments to |
| 7 | adopt and enforce the Model Ordinance for Florida-Friendly |
| 8 | Fertilizer Use on Urban Landscapes of the Department of |
| 9 | Environmental Protection or an equivalent requirement as a |
| 10 | mechanism for protecting local surface water and |
| 11 | groundwater quality; requiring a county or municipal |
| 12 | government located within the watershed of an impaired |
| 13 | water body or water segment to adopt the model ordinance; |
| 14 | providing that additional or more stringent provisions may |
| 15 | be adopted under certain conditions; providing an |
| 16 | exemption for certain fertilizer use ordinances; requiring |
| 17 | certain fertilizer use ordinances to be amended; providing |
| 18 | construction; creating s. 403.9338, F.S.; providing |
| 19 | definitions for the terms "agriculture," "urban |
| 20 | landscape," and "urban landscape commercial fertilizer |
| 21 | applicator"; requiring that a commercial fertilizer |
| 22 | applicator obtain training and certification from the |
| 23 | Green Industry Best Management Practices or equivalent |
| 24 | program; requiring the Department of Environmental |
| 25 | Protection, in consultation with the Department of |
| 26 | Agriculture and Consumer Services and the Institute of |
| 27 | Food and Agricultural Sciences at the University of |
| 28 | Florida, to review and approve training programs and |
| 29 | testing materials; authorizing local governments and |
| 30 | private entities to provide training programs; providing |
| 31 | that certified urban landscape commercial fertilizer |
| 32 | applicators are qualified for specified activities, exempt |
| 33 | from additional testing requirements, and eligible to |
| 34 | apply for certain limited certification; amending s. |
| 35 | 482.021, F.S.; providing a definition for the term "urban |
| 36 | landscape commercial fertilizer application"; creating s. |
| 37 | 482.1562, F.S.; requiring the Department of Agriculture |
| 38 | and Consumer Services to establish a limited certification |
| 39 | category for urban landscape commercial fertilizer |
| 40 | application; providing requirements for certification and |
| 41 | recertification; providing application and renewal fees; |
| 42 | providing limitation of such certification; authorizing |
| 43 | the department to provide specified information to state |
| 44 | and local governmental agencies; encouraging the |
| 45 | department to create an online database; providing |
| 46 | penalties for violations relating to urban landscape |
| 47 | commercial fertilizer application; providing an effective |
| 48 | date. |
| 49 |
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| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
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| 52 | Section 1. Section 403.9335, Florida Statutes, is created |
| 53 | to read: |
| 54 | 403.9335 Short title.--Sections 403.9335-403.9338 may be |
| 55 | cited as the "Protection of Urban and Residential Environments |
| 56 | and Water Act." |
| 57 | Section 2. Section 403.9336, Florida Statutes, is created |
| 58 | to read: |
| 59 | 403.9336 Legislative findings.--The Legislature finds that |
| 60 | implementation of the Department of Environmental Protection's |
| 61 | model ordinance for Florida-friendly fertilizer use on urban |
| 62 | landscapes in the Florida-Friendly Landscape Guidance Models for |
| 63 | Ordinances, Covenants, and Restrictions (2009) manual, which was |
| 64 | developed consistent with the recommendations of the Florida |
| 65 | Consumer Fertilizer Task Force and in agreement with the |
| 66 | provisions of the labeling requirements for urban turf |
| 67 | fertilizers in chapter 5E-1, Florida Administrative Code, will |
| 68 | assist in protecting the quality of the state's surface water |
| 69 | and groundwater resources. The Legislature further finds that |
| 70 | local circumstances, including the varying types and conditions |
| 71 | of water bodies, site-specific soils and geology, and urban or |
| 72 | rural densities and characteristics, necessitate that additional |
| 73 | or more stringent fertilizer-management practices may be needed |
| 74 | at the local government level. |
| 75 | Section 3. Section 403.9337, Florida Statutes, is created |
| 76 | to read: |
| 77 | 403.9337 Adoption of the model ordinance for Florida- |
| 78 | friendly fertilizer use on urban landscapes.-- |
| 79 | (1) All county and municipal governments are encouraged to |
| 80 | adopt and enforce the Department of Environmental Protection's |
| 81 | model ordinance for Florida-friendly fertilizer use on urban |
| 82 | landscapes as a mechanism for protecting local surface water and |
| 83 | groundwater quality. |
| 84 | (2) Each county and municipal government located within |
| 85 | the watershed of a water body or water segment that is listed by |
| 86 | the department as impaired by nutrients pursuant to s. 403.067 |
| 87 | shall adopt the provisions of the department's model ordinance |
| 88 | for Florida-friendly fertilizer use on urban landscapes. A |
| 89 | county or municipal government may adopt additional or more |
| 90 | stringent provisions than the model ordinance if the following |
| 91 | criteria are met: |
| 92 | (a) The county or municipal government demonstrates, as |
| 93 | part of a comprehensive program to address nonpoint sources of |
| 94 | nutrient pollution that is science-based and economically and |
| 95 | technically feasible, that additional or more stringent |
| 96 | provisions are necessary to adequately address urban fertilizer |
| 97 | contributions to nonpoint source nutrient loading to a water |
| 98 | body. |
| 99 | (b) The county or municipal government documents |
| 100 | consideration of all relevant scientific information, including |
| 101 | input from the Department of Environmental Protection, the |
| 102 | Department of Agriculture and Consumer Services, and the |
| 103 | Institute of Food and Agricultural Sciences at the University of |
| 104 | Florida, if provided, on the need for additional or more |
| 105 | stringent provisions to address fertilizer use as a contributor |
| 106 | to water quality degradation. All documentation shall be made |
| 107 | part of the public record prior to adoption of additional or |
| 108 | more stringent criteria. |
| 109 | (3) Any county or municipal government that adopted its |
| 110 | own fertilizer use ordinance before January 1, 2009, is exempt |
| 111 | from the provisions of this section. A county or municipal |
| 112 | government that adopted or amended fertilizer use ordinances on |
| 113 | or after January 1, 2009, shall adopt the provisions in the most |
| 114 | recent version of the model fertilizer ordinance and shall be |
| 115 | subject to the provisions of subsections (1) and (2). |
| 116 | (4) This section does not regulate the use of fertilizer |
| 117 | on farm operations as defined in s. 823.14 or on lands |
| 118 | classified as agricultural lands pursuant to s. 193.461. |
| 119 | Section 4. Section 403.9338, Florida Statutes, is created |
| 120 | to read: |
| 121 | 403.9338 Urban landscape commercial fertilizer applicator |
| 122 | certification.-- |
| 123 | (1) As used in this section, the term: |
| 124 | (a) "Agriculture" has the same meaning as in s. 570.02. |
| 125 | (b) "Urban landscape" means pervious nonagricultural areas |
| 126 | on residential, commercial, industrial, institutional, highway |
| 127 | right-of-way, or other urban lands that are planted with turf or |
| 128 | horticultural plants. |
| 129 | (c) "Urban landscape commercial fertilizer applicator" |
| 130 | means a person who applies fertilizer for payment or other |
| 131 | consideration to property with urban landscaping that is not |
| 132 | owned by the applicator. |
| 133 | (2) No later than January 1, 2014, an urban landscape |
| 134 | commercial fertilizer applicator must obtain a certificate |
| 135 | demonstrating satisfactory completion of the Green Industry Best |
| 136 | Management Practices training program or an equivalent program |
| 137 | that is cooperatively implemented by the Department of |
| 138 | Environmental Protection and the Institute of Food and |
| 139 | Agricultural Sciences at the University of Florida. |
| 140 | (3) The Department of Environmental Protection, in |
| 141 | consultation with the Department of Agriculture and Consumer |
| 142 | Services and the Institute of Food and Agricultural Sciences at |
| 143 | the University of Florida, shall approve training programs and |
| 144 | testing materials that are equivalent to or more comprehensive |
| 145 | than the Green Industry Best Management Practices training |
| 146 | program. Training and testing programs of county or municipal |
| 147 | governments or private entities shall be eligible to provide |
| 148 | equivalent training. Such programs shall be subject to review |
| 149 | and approval when significant changes are made to the programs. |
| 150 | Existing approved training programs and testing materials must |
| 151 | be reapproved by July 1, 2010. |
| 152 | (4) After receiving a certificate demonstrating successful |
| 153 | completion of a program pursuant to subsection (2), an urban |
| 154 | landscape commercial fertilizer applicator may apply to the |
| 155 | Department of Agriculture and Consumer Services to receive a |
| 156 | limited certification for urban landscape commercial fertilizer |
| 157 | application pursuant to s. 482.1562. |
| 158 | (5) Certification under this section qualifies urban |
| 159 | landscape commercial fertilizer applicators to apply fertilizer |
| 160 | to urban landscapes throughout the state. Urban landscape |
| 161 | commercial fertilizer applicators possessing a limited |
| 162 | certification for urban commercial fertilizer application are |
| 163 | not subject to additional testing by county or municipal |
| 164 | governments. |
| 165 | Section 5. Present subsection (28) of section 482.021, |
| 166 | Florida Statutes, is renumbered as subsection (29), and a new |
| 167 | subsection (28) is added to that section to read: |
| 168 | 482.021 Definitions.--For the purposes of this chapter, |
| 169 | and unless otherwise required by the context, the term: |
| 170 | (28) "Urban landscape commercial fertilizer application" |
| 171 | means an application of fertilizer by an urban landscape |
| 172 | fertilizer applicator to an urban landscape as defined in s. |
| 173 | 403.9338(1). Urban landscape does not include agricultural |
| 174 | areas as defined in s. 482.021(1). |
| 175 | Section 6. Section 482.1562, Florida Statutes, is created |
| 176 | to read: |
| 177 | 482.1562 Limited certification for urban landscape |
| 178 | commercial fertilizer application.-- |
| 179 | (1) The department shall establish a limited certification |
| 180 | category for urban landscape commercial fertilizer application |
| 181 | as defined in s. 482.021(28) and may adopt rules to implement |
| 182 | the provisions of this section. |
| 183 | (2) A person seeking limited certification under this |
| 184 | section must provide the urban landscape commercial fertilizer |
| 185 | applicator training certificate issued pursuant to s. 403.9338. |
| 186 | (3) An application for certification under this section |
| 187 | must be accompanied by a fee set by rule of the department, in |
| 188 | an amount of not more than $75 or less than $25. Until such fee |
| 189 | is established, the application fee for certification shall be |
| 190 | $25. Unless timely recertified, a certificate issued under this |
| 191 | section automatically expires 1 year after the date of issuance. |
| 192 | (4) An application for recertification under this section |
| 193 | must be made at least 90 calendar days prior to the expiration |
| 194 | date and be accompanied by a recertification fee set by rule of |
| 195 | the department, in an amount of not more than $75 or less than |
| 196 | $25. Until such fee is established, the application fee for |
| 197 | recertification shall be $25. The application must also be |
| 198 | accompanied by proof of having completed 4 classroom hours of |
| 199 | acceptable continuing education, at least 2 hours of which shall |
| 200 | be related to fertilizer best management practices. After a |
| 201 | grace period not exceeding 30 calendar days after the date that |
| 202 | recertification is due, a late renewal charge of $50 per month |
| 203 | shall be assessed and must be paid in addition to the renewal |
| 204 | fee. Unless timely recertified, a certificate automatically |
| 205 | expires 90 calendar days after the anniversary recertification |
| 206 | date. Subsequent to such expiration, a certificate may be issued |
| 207 | only upon meeting the requirements of subsection (2). |
| 208 | (5) Certification under this section does not authorize: |
| 209 | (a) Application of pesticides to turf or ornamental |
| 210 | plants, including pesticide fertilizer mixtures; |
| 211 | (b) Operation of a pest control business; or |
| 212 | (c) The application of pesticides or fertilizers by |
| 213 | unlicensed or uncertified personnel under the supervision of the |
| 214 | certified person. |
| 215 | (6)(a) The department is authorized to provide information |
| 216 | on the certification status of persons certified under this |
| 217 | section to other local and state governmental agencies. |
| 218 | (b) The department is encouraged to create and maintain a |
| 219 | list of all certified urban landscape fertilizer applicators in |
| 220 | an electronic database accessible by the public via the |
| 221 | Internet. |
| 222 | (7) It is unlawful to apply fertilizer to urban landscape |
| 223 | except as provided in this chapter. A person who violates any |
| 224 | provision of this chapter or any rules adopted pursuant to this |
| 225 | chapter commits a misdemeanor of the second degree, punishable |
| 226 | as provided in s. 775.082 or s. 775.083. |
| 227 | Section 7. This act shall take effect July 1, 2009. |