Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 604
                                Barcode 665304                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/06/2012           .                                

       The Committee on Environmental Preservation and Conservation
       (Latvala) recommended the following:
    1         Senate Substitute for Amendment (152126) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6  Section 1. Present subsections (1) through (8) of section
    7  482.1562, Florida Statutes, are renumbered as subsections (2)
    8  through (9), respectively, a new subsection (1) is added to that
    9  section and present subsections (2), and (8) of that section are
   10  amended, to read:
   11         482.1562 Limited certification for urban landscape
   12  commercial fertilizer application.—
   13         (1) The Legislature finds that the implementation of best
   14  management practices for commercial fertilizer application to
   15  urban landscapes is a critical component of the state’s efforts
   16  to minimize potential impacts to water quality.
   17         (3) (2) Beginning January 1, 2014, any person applying
   18  commercial fertilizer to an urban landscape must be certified
   19  under this section. A person certified under this section must
   20  follow the most recent version of the Model Ordinance for
   21  Florida-Friendly Fertilizer Use on Urban Landscapes.
   22         (a)A person certified under this section is exempt from
   23  seasonal or calendar-based prohibited application period bans
   24  within local government ordinances that address the
   25  fertilization of urban turfs, lawns and landscapes; however, a
   26  county or municipal government which has adopted an ordinance
   27  prior to January 1, 2012, which contain a seasonal or calendar-
   28  based prohibited application period, may continue to enforce the
   29  ordinance within its jurisdiction.
   30         (b)Notwithstanding paragraph (a), within 90 days of the
   31  effective date of this act, a county or municipal government
   32  with an existing seasonal or calendar-based prohibited
   33  application period ban shall establish a reasonable process
   34  whereby a person certified under this section may apply for a
   35  variance from the prohibited application period ban to apply
   36  nutrients to damaged turf and landscape plants based on industry
   37  recognized tests and standards that demonstrate a need for
   38  nutrients on a site-specific basis. Between July 1, 2012, and
   39  the date at which a county or municipal government establishes a
   40  process under the provisions of this paragraph, a certified
   41  commercial fertilizer applicator may apply nutrients to damaged
   42  turf and landscape plants based on industry recognized tests and
   43  standards that demonstrate a need for nutrients on a site
   44  specific basis.
   46  For the limited purposes of an ordinance amended to include the
   47  provisions of paragraph (b), ss. 403.9337(3), 570.07(41)(b), and
   48  576.181(5)(b), do not apply.
   49         (c)Paragraphs (a) and (b) shall sunset on July 1, 2017,
   50  unless reauthorized by the Legislature.
   51         (9)(8) The department shall may provide information
   52  concerning the certification status of persons certified under
   53  this section to other local and state governmental agencies. The
   54  department is encouraged to create an online database that lists
   55  all persons certified under this section.
   56         Section 2. Subsections (5) and (6) are added to section
   57  403.9337, Florida Statutes, to read:
   58         (5) The provisions of s. 482.1562(3) do not limit the
   59  authority of the department or water management districts
   60  pursuant to chapter 373 or chapter 403 to adopt rules or issue
   61  orders relating to fertilizer practices that are necessary to
   62  achieve compliance with applicable water quality standards or to
   63  implement federally authorized or delegated programs.
   64         (6) The department shall submit a report on the
   65  effectiveness of seasonal or calendar-based prohibited
   66  application periods for the fertilization of urban turfs, lawns
   67  and landscapes on the water quality of the state to the
   68  Governor, President of the Senate and the Speaker of the House
   69  of Representatives, by December 31, 2016.
   70         Section 3. This act shall take effect July 1, 2012.
   72  ================= T I T L E  A M E N D M E N T ================
   73         And the title is amended as follows:
   74         Delete everything before the enacting clause
   75  and insert:
   76                        A bill to be entitled                      
   77         An act relating to limited certification for urban
   78  landscape commercial fertilizer application; amending s.
   79  482.1562, F.S.; providing legislative findings; requiring
   80  persons who hold a limited certification to follow the Model
   81  Ordinance for Florida-Friendly Fertilizer Use on Urban
   82  Landscapes; providing exemptions; requiring local governments to
   83  establish a variance process; allowing application of fertilizer
   84  during certain periods; providing for sunset of certain
   85  provisions; requiring the Department of Agriculture and Consumer
   86  Services to provide specified information to other local and
   87  state governmental agencies; amending s. 403.9337, F.S.;
   88  allowing the Department of Environmental Protection to adopt
   89  certain rules; requiring a report; providing an effective date.