CS/CS/HB 1515

1
A bill to be entitled
2An act relating to protecting urban and residential
3environments and water; amending s. 373.62, F.S.; revising
4requirements relating to automatic landscape irrigation
5systems; requiring licensed contractors who perform work
6on automatic landscape irrigation systems to inspect such
7systems for compliance with specified requirements and
8ensure that such systems are in compliance before
9completing other work on the systems; requiring the
10Department of Environmental Protection to create a model
11ordinance and local governments to adopt the ordinance;
12exempting counties having more stringent requirements from
13adopting the model ordinance; providing penalty
14requirements for such ordinance; providing for the
15disposition of funds raised through penalties imposed;
16providing a definition of the term "licensed contractor"
17to include certain locally licensed contractors; creating
18s. 403.9335, F.S.; providing a short title; creating s.
19403.9336, F.S.; providing legislative findings; creating
20s. 403.9337, F.S.; providing definitions; creating s.
21403.9338, F.S.; encouraging county and municipal
22governments to adopt and enforce the model ordinance for
23Florida-friendly fertilizer use on urban landscapes of the
24Department of Environmental Protection or an equivalent
25requirement as a mechanism for protecting local surface
26water and groundwater quality; requiring a local
27government located within the watershed of an impaired
28water body or water segment to adopt the model ordinance;
29providing that additional or more stringent provisions may
30be adopted under certain conditions; providing an
31exemption for certain fertilizer use ordinances; requiring
32certain fertilizer use ordinances to be amended; providing
33construction; creating s. 403.9339, F.S.; requiring the
34Department of Environmental Protection, cooperatively with
35the Institute of Food and Agricultural Sciences at the
36University of Florida, to provide, review, and approve
37urban landscape best management practices training and
38testing programs; authorizing the department to issue
39certain training certificates; authorizing local
40governments and private entities to provide training and
41testing programs; providing that certified urban landscape
42commercial fertilizer applicators are qualified for
43specified activities, exempt from additional testing
44requirements, and eligible to apply for certain limited
45certification; amending s. 482.021, F.S.; providing a
46definition; creating s. 482.1562, F.S.; requiring the
47Department of Agriculture and Consumer Services to
48establish a limited certification category for urban
49landscape commercial fertilizer application; providing
50requirements for certification and recertification;
51providing application and renewal fees; providing a
52limitation for such certification; authorizing the
53department to provide specified information to state and
54local governmental agencies; encouraging the department to
55create an online database; requiring urban landscape
56commercial fertilizer applicators to obtain limited
57certification by a specified date; providing an exemption;
58providing an effective date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  Section 373.62, Florida Statutes, is amended to
63read:
64     373.62  Water conservation; automatic landscape irrigation
65sprinkler systems.--
66     (1)  Any person who operates purchases and installs an
67automatic landscape irrigation lawn sprinkler system after May
681, 1991, shall properly install, and must maintain, and operate
69technology, a rain sensor device or switch that inhibits or
70interrupts operation of will override the irrigation cycle of
71the sprinkler system during periods of sufficient moisture when
72adequate rainfall has occurred.
73     (2)  A licensed contractor who performs work on an
74automatic landscape irrigation system shall test for the correct
75operation of each inhibiting or interrupting device or switch on
76the system. If such devices or switches are not installed in the
77system or are not in proper operating condition, the contractor
78shall install new devices or switches or repair existing devices
79or switches and confirm that each device or switch is in proper
80operating condition before completing any other work on the
81system.
82     (3)  The Department of Environmental Protection shall
83create a model ordinance by January 15, 2010, that may be
84adopted and enforced by local governments. Such ordinance shall,
85at a minimum, provide:
86     (a)  Penalties for operators of automatic landscape
87irrigation systems who do properly install and maintain the
88required devices or switches. The minimum penalty shall be $50
89for a first offense, $100 for a second offense, and $250 for a
90third or subsequent offense.
91     (b)  A requirement that licensed contractors report
92automatic landscape irrigation systems that are not in
93compliance with this section to the appropriate authority.
94     (c)  Penalties for licensed contractors who do not comply
95with this section. The minimum penalty shall be $50 for a first
96offense, $100 for a second offense, and $250 for a third or
97subsequent offense.
98
99Regular maintenance and replacement of worn or broken technology
100that interrupts or inhibits the operation of an automatic
101landscape irrigation system is not a violation of this section
102if such repairs are conducted within a reasonable time.
103     (4)  Local governments shall adopt the model ordinance by
104October 1, 2010. Local governments that impose requirements that
105are more stringent than the minimum requirements of the model
106ordinance are exempt from adopting the model ordinance.
107     (5)  Funds generated by penalties imposed under the
108ordinance shall be used by local governments for the
109administration and enforcement of this section and to further
110water-conservation activities.
111     (6)  For purposes of this section, the term "licensed
112contractor" includes an individual who holds a specific
113irrigation contractor's license issued by a county.
114     Section 2.  Section 403.9335, Florida Statutes, is created
115to read:
116     403.9335  Short title.--Sections 403.9335-403.9339 may be
117cited as the "Protection of Urban and Residential Environments
118and Water Act."
119     Section 3.  Section 403.9336, Florida Statutes, is created
120to read:
121     403.9336  Legislative findings.--The Legislature finds that
122implementation of the Department of Environmental Protection's
123model ordinance for Florida-friendly fertilizer use on urban
124landscapes published in the Florida-Friendly Landscape Guidance
125Models for Ordinances, Covenants, and Restrictions (2009)
126manual, which was developed with the recommendations of the
127Florida Consumer Fertilizer Task Force and in agreement with the
128provisions of the labeling requirements for urban turf
129fertilizers in chapter 5E-1, Florida Administrative Code, will
130assist in protecting the quality of surface water and
131groundwater resources of this state. The Legislature further
132finds that local circumstances, including the varying types and
133conditions of water bodies, site-specific soils and geology, and
134urban or rural densities and characteristics, may require local
135governments to use additional or more stringent fertilizer-
136management practices.
137     Section 4.  Section 403.9337, Florida Statutes, is created
138to read:
139     403.9337  Definitions.--As used in ss. 403.9335-403.9339,
140the term:
141     (1)  "Department" means the Department of Environmental
142Protection.
143     (2)  "Institute" means the Institute of Food and
144Agricultural Sciences at the University of Florida.
145     (3)  "Local government" means a county or municipality.
146     (4)  "Urban landscape" means pervious areas on residential,
147commercial, industrial, institutional, highway rights-of-way, or
148other lands not used for agriculture that are planted with turf
149or horticultural plants. For purposes of this subsection,
150"agriculture" has the same meaning as in s. 570.02.
151     (5)  "Urban landscape commercial fertilizer applicator"
152means a person who applies fertilizer for payment or other
153consideration to property with an urban landscape that is not
154owned by the applicator.
155     Section 5.  Section 403.9338, Florida Statutes, is created
156to read:
157     403.9338  Adoption of the model ordinance for Florida-
158friendly fertilizer use on urban landscapes.--
159     (1)  All local governments are encouraged to adopt and
160enforce the department's model ordinance for Florida-friendly
161fertilizer use on urban landscapes as a mechanism for protecting
162local surface water and groundwater quality.
163     (2)  Each local government located within the watershed of
164a water body or water segment that is listed by the department
165as impaired by nutrients pursuant to s. 403.067 shall adopt, at
166a minimum, the department's model ordinance for Florida-friendly
167fertilizer use on urban landscapes. A local government may adopt
168additional or more stringent standards than the model ordinance
169if the following criteria are met:
170     (a)  The local government demonstrates, as part of a
171comprehensive program to address nonpoint sources of nutrient
172pollution that is science-based and economically and technically
173feasible, that additional or more stringent standards are
174necessary to adequately address urban fertilizer contributions
175to nonpoint source nutrient loading to a water body.
176     (b)  The local government documents consideration of all
177relevant scientific information, including input from the
178department and the Department of Agriculture and Consumer
179Services, if provided, on the need for additional or more
180stringent standards to address fertilizer use as a contributor
181to water quality degradation. All documentation shall be made
182part of the public record before adopting additional or more
183stringent standards.
184     (3)  Any local government that adopted its own fertilizer
185use ordinance before January 1, 2009, is exempt from the
186provisions of this section. Ordinances adopted or amended on or
187after January 1, 2009, must include the provisions in the most
188recent version of the model fertilizer ordinance and are subject
189to the provisions of subsections (1) and (2).
190     (4)  This section does not regulate the use of fertilizer
191on farm operations as defined in s. 823.14 or on lands
192classified as agricultural lands pursuant to s. 193.461.
193     Section 6.  Section 403.9339, Florida Statutes, is created
194to read:
195     403.9339  Urban landscape commercial fertilizer applicator
196certification.--
197     (1)  The department, working cooperatively with the
198institute, shall provide urban landscape best management
199practices training and testing throughout the state. The
200department may issue a certificate of training to a person who
201has satisfactorily completed the training program.
202     (2)  The department, in consultation with the institute and
203the Department of Agriculture and Consumer Services, shall
204approve training and testing programs that are equivalent to or
205more comprehensive than those provided by the department
206pursuant to subsection (1). Local governments or private
207entities that have training programs approved by the department
208are eligible to provide training and testing programs. Such
209programs are subject to review and approval by the department if
210significant changes are proposed to be made to either program.
211Existing approved programs must be reapproved no later than July
2121, 2010.
213     (3)(a)  After receiving a certificate of training
214demonstrating successful completion of the department's urban
215landscape best management practices training program or an
216equivalent program pursuant to subsection (2), an urban
217landscape commercial fertilizer applicator may apply to the
218Department of Agriculture and Consumer Services to receive a
219limited certification for urban landscape commercial fertilizer
220application pursuant to s. 482.1562.
221     (b)  The limited certification issued by the Department of
222Agriculture and Consumer Services qualifies an urban landscape
223commercial fertilizer applicator to apply fertilizer to urban
224landscapes throughout the state.
225     (c)  Urban landscape commercial fertilizer applicators
226possessing a limited certification for urban commercial
227fertilizer application are not subject to additional local
228testing.
229     Section 7.  Present subsection (28) of section 482.021,
230Florida Statutes, is renumbered as subsection (29), and a new
231subsection (28) is added to that section to read:
232     482.021  Definitions.--For the purposes of this chapter,
233and unless otherwise required by the context, the term:
234     (28)  "Urban landscape commercial fertilizer application"
235means an application of fertilizer by an urban landscape
236fertilizer applicator to an urban landscape as defined in s.
237403.9337(4).
238     Section 8.  Section 482.1562, Florida Statutes, is created
239to read:
240     482.1562  Limited certification for urban landscape
241commercial fertilizer application.--
242     (1)  To provide a means of documenting and assuring
243compliance with acceptable best management practices for
244fertilizer application to urban landscapes, the department shall
245establish a limited certification category for urban landscape
246commercial fertilizer application as defined in s. 482.021(28)
247and may adopt rules to implement the procedures and requirements
248of this section.
249     (2)  A person seeking limited certification under this
250section shall provide the department with a copy of the urban
251landscape commercial fertilizer applicator training certificate
252issued pursuant to s. 403.9339.
253     (3)  An application for certification under this section
254must be accompanied by a fee set by the department, in an amount
255of not more than $75 or less than $25; however, until a rule
256setting the fee is adopted by the department, the fee for
257certification is $25.
258     (4)(a)1.  A certification issued under this section shall
259expire 4 years after the date of issuance. An application for
260recertification under this section must be made at least 90
261calendar days before the anniversary date of the current
262certification and must be accompanied by a recertification fee
263set by the department, in an amount of not more than $75 or less
264than $25; however, until a rule setting the fee is adopted by
265the department, the fee for recertification is $25.
266     2.  After a grace period not exceeding 30 calendar days
267after the date the recertification application is due pursuant
268to subparagraph (a)1., a late renewal penalty of $50 shall be
269assessed each month and must be paid in addition to the
270recertification fee.
271     (b)  An application for recertification must be accompanied
272by proof that the applicant has completed 4 classroom hours of
273acceptable continuing education, at least 2 hours of which shall
274include fertilizer best management practices.
275     (c)  Unless timely recertified, a certificate automatically
276expires 90 calendar days after the anniversary date of the
277recertification. After a certificate expires, a certificate may
278be renewed only if the person complies with all conditions for
279recertification.
280     (5)  Certification under this section does not authorize a
281person to:
282     (a)  Apply pesticides to turf or ornamental plants,
283including pesticide fertilizer mixtures;
284     (b)  Operate a pest control business; or
285     (c)  Employ unlicensed or uncertified personnel to apply
286pesticides or fertilizers under the supervision of the certified
287person.
288     (6)  The department may provide information on the
289certification status of persons certified under this section to
290other local and state governmental agencies. The department is
291encouraged to create an online database listing all certified
292urban landscape fertilizer applicators.
293     (7)  By January 1 of each year, beginning January 1, 2014,
294an urban landscape commercial fertilizer applicator must obtain
295a limited certification under this section in order to apply
296fertilizer to urban landscapes.
297     (8)(a)  Yard workers who apply fertilizer to individual
298residential properties using only fertilizer and equipment
299supplied by the residential property owner or resident are
300exempt from the requirements of this section.
301     (b)  Persons who apply fertilizer to urban landscapes using
302fertilizer or equipment not supplied by the individual
303residential property owner or resident to which the application
304is made are not exempt from the requirements of this section.
305     Section 9.  This act shall take effect July 1, 2009.


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