Florida Senate - 2012                                     SB 604
       By Senator Dean
       3-00512A-12                                            2012604__
    1                        A bill to be entitled                      
    2         An act relating to fertilizer use on urban landscapes;
    3         amending s. 482.1562, F.S.; providing a legislative
    4         finding regarding the use of best management
    5         practices; exempting persons who hold a limited
    6         certification for urban landscape commercial
    7         fertilizer application from local ordinances that
    8         provide for the use, purchase, and application of
    9         fertilizer to urban turf, lawn, and landscape;
   10         clarifying the authority of the Department of
   11         Agriculture and Consumer Services to enforce
   12         provisions governing professionals who hold a limited
   13         certification for urban landscape commercial
   14         fertilizer application; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 482.1562, Florida Statutes, is amended
   19  to read:
   20         482.1562 Limited certification for urban landscape
   21  commercial fertilizer application.—The Legislature finds that
   22  the implementation of best management practices in the
   23  application of commercial fertilizer provides a critical
   24  component to the state’s efforts to minimize potential harmful
   25  impacts to the water quality of the state.
   26         (1) To provide a means of documenting and ensuring
   27  compliance with best management practices for commercial
   28  fertilizer application to urban landscapes, the department shall
   29  establish a limited certification for urban landscape commercial
   30  fertilizer application. A person who possesses a limited
   31  certification for urban landscape commercial fertilizer
   32  application pursuant to this section is exempt from local
   33  government ordinances that provide for the use, purchase, and
   34  application of fertilizer to urban turf, lawn, and landscape.
   35         (2) Beginning January 1, 2014, a any person applying
   36  commercial fertilizer to an urban landscape must be certified
   37  under this section.
   38         (3) To obtain a limited certification for urban landscape
   39  commercial fertilizer application, an applicant must submit to
   40  the department:
   41         (a) A copy of the training certificate issued pursuant to
   42  s. 403.9338.
   43         (b) A certification fee set by the department in an amount
   44  of at least $25 but not more than $75. Until the fee is set by
   45  rule, the fee for certification is $25.
   46         (4) A limited certification for urban landscape commercial
   47  fertilizer application issued under this section expires 4 years
   48  after the date of issuance. Before applying for recertification
   49  under subsection (5), the applicant must complete 4 classroom
   50  hours of acceptable continuing education, of which at least 2
   51  hours address fertilizer best management practices.
   52         (5) An application for recertification must be made at
   53  least 90 days before the expiration of the current certificate
   54  and be accompanied by:
   55         (a) Proof of having completed the 4 classroom hours of
   56  acceptable continuing education required under subsection (4).
   57         (b) A recertification fee set by the department in an
   58  amount of at least $25 but not more than $75. Until the fee is
   59  set by rule, the fee for recertification certification is $25.
   60         (6) A late renewal charge of $50 per month shall be
   61  assessed 30 days after the date the application for
   62  recertification is due and must be paid in addition to the
   63  renewal fee. Unless timely recertified, a certificate
   64  automatically expires 90 days after the recertification date.
   65  Upon expiration, a certificate may be issued only upon
   66  reapplying in accordance with subsection (3).
   67         (7) Certification under this section does not authorize:
   68         (a) The application of pesticides to turf or ornamentals,
   69  including pesticide fertilizer mixtures;
   70         (b) The operation of a pest control business; or
   71         (c) The application of pesticides or fertilizers by
   72  unlicensed or uncertified personnel under the supervision of the
   73  certified person.
   74         (8) The department has enforcement authority over
   75  professionals who are certified under this section, and all
   76  penalties, fines, and administrative action taken by the
   77  department shall be consistent with this chapter.
   78         (9)(8) The department may provide information concerning
   79  the certification status of persons certified under this section
   80  to other local and state governmental agencies. The department
   81  is encouraged to create an online database that lists all
   82  persons certified under this section.
   83         (10)(9)A yard worker Yard workers who applies apply
   84  fertilizer only to individual residential properties using
   85  fertilizer and equipment provided by the residential property
   86  owner or resident is are exempt from the requirements of this
   87  section.
   88         (11)(10) The department may adopt rules to administer this
   89  section.
   90         Section 2. This act shall take effect July 1, 2012.