Florida Senate - 2009                                     SB 982
       
       
       
       By Senator Constantine
       
       
       
       
       22-00429A-09                                           2009982__
    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
    8         Friendly Fertilizer Use on Urban Landscapes or an
    9         equivalent requirement as a mechanism for protecting
   10         local surface water and ground water quality;
   11         requiring a county government or municipal government
   12         located within the watershed of a water body or water
   13         segment that is listed by the Department of
   14         Environmental Protection as impaired to adopt the
   15         model ordinance; providing that additional or more
   16         stringent provisions may be adopted; creating s.
   17         403.9338, F.S.; defining the term “commercial
   18         fertilizer applicator”; requiring that a commercial
   19         fertilizer applicator obtain training and
   20         certification from the Green Industry Best Management
   21         Practices program; providing an effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Section 403.9335, Florida Statutes, is created
   26  to read:
   27         403.9335 Short title.—Sections 403.9335-403.9338 may be
   28  cited as the “Protection of Urban and Residential Environments
   29  and Water Act.”
   30         Section 2. Section 403.9336, Florida Statutes, is created
   31  to read:
   32         403.9336 Legislative findings.—The Legislature finds that
   33  the implementation of the Model Ordinance for Florida-Friendly
   34  Fertilizer Use on Urban Landscapes (2008), which was developed
   35  in conjunction with the Florida Consumer Fertilizer Task Force
   36  by the department, the Department of Agriculture and Consumer
   37  Services, and the University of Florida Institute of Food and
   38  Agricultural Sciences, will assist in protecting the quality of
   39  Florida’s surface water and ground water resources. The
   40  Legislature further finds that local circumstances, including
   41  the varying types and conditions of water bodies, site-specific
   42  soils and geology, and urban or rural densities and
   43  characteristics, necessitates that additional or more stringent
   44  fertilizer-management practices be implemented at the local
   45  government level.
   46         Section 3. Section 403.9337, Florida Statutes, is created
   47  to read:
   48         403.9337 Adoption of the Model Ordinance for Florida
   49  Friendly Fertilizer Use on Urban Landscapes.—
   50         (1) All county and municipal governments are encouraged to
   51  adopt and enforce the Model Ordinance for Florida-Friendly
   52  Fertilizer Use on Urban Landscapes or an equivalent requirement
   53  as a mechanism for protecting local surface water and ground
   54  water quality.
   55         (2) Each county and municipal government located within the
   56  watershed of a water body or water segment that is listed by the
   57  department as impaired by nutrients pursuant to s. 403.067,
   58  shall adopt, at a minimum, the Model Ordinance for Florida
   59  Friendly Fertilizer Use on Urban Landscapes. However, a county
   60  or municipal government may adopt additional provisions to or
   61  more stringent provisions than the model ordinance.
   62         Section 4. Section 403.9338, Florida Statutes, is created
   63  to read:
   64         403.9338 Commercial fertilizer applicator certification.—
   65         (1) For purposes of this section, the term “commercial
   66  fertilizer applicator” means a person who applies fertilizer for
   67  payment or other consideration to property that is not owned by
   68  the applicator.
   69         (2) A commercial fertilizer applicator must obtain training
   70  and certification from the Green Industry Best Management
   71  Practices program, which is cooperatively implemented by the
   72  department and the Institute of Food and Agricultural Sciences
   73  at the University of Florida.
   74         Section 5. This act shall take effect July 1, 2009.