CS/HB 1267

1
A bill to be entitled
2An act relating to relating to protecting urban and
3residential environments and water; creating s. 403.9335,
4F.S.; providing a short title; creating s. 403.9336, F.S.;
5providing legislative findings; creating s. 403.9337,
6F.S.; requiring adoption of the Florida Friendly
7Fertilizer Use on Urban Landscapes Model Ordinance by a
8specified time; providing for adoption of additional or
9more stringent provisions; providing an exception to
10adoption; creating s. 403.9338, F.S.; providing that the
11minimum training program for limited certification for
12commercial fertilizer application issued by the Department
13of Agriculture and Consumer Services be designed,
14approved, and made available by the Department of
15Environmental Protection and the Institute of Food and
16Agricultural Sciences; providing for hours and subjects of
17training; requiring the Department of Environmental
18Protection to contract with the Institute of Food and
19Agricultural Sciences to lead the training effort;
20providing for co-location of programs; requiring the
21Department of Environmental Protection to provide program
22training coordinators; providing for regional train-the-
23trainers classes; requiring trainer certification;
24providing trainer criteria; requiring publication of
25certain training information; requiring issuance of the
26trainer certificate by a specified time; requiring the
27maintenance and publication of a list of qualified
28trainers; amending s. 482.021, F.S.; providing
29definitions; amending s. 482.091, F.S.; requiring issuance
30of identification cards for persons who apply fertilizer
31commercially to urban lawnscape indicating receipt of a
32training certificate; providing for required use;
33providing an exception; amending s. 482.156, F.S.;
34deleting requirement for proof of certain training
35requirements established by the Department of Agriculture
36and Consumer Services; providing certain exception for
37persons holding the limited certificate for commercial
38landscape maintenance from holding other certification;
39requiring such persons to receive specified training by a
40time certain; creating s. 482.1561, F.S.; providing for
41regulation of commercial fertilizer application on urban
42lawnscape and urban turf; requiring certification of such
43applicators by the department; providing for certain
44applicators to be under the direct supervision of certain
45certified persons; requiring such fertilizer application
46be in compliance with best management practices adopted by
47the Department of Agriculture and Consumer Services and
48the Department of Environmental Protection; creating s.
49482.1562, F.S.; establishing a limited certification
50category for commercial fertilizer application under the
51Department of Agriculture and Consumer Services; requiring
52completion of a minimum training program prior to
53application for certification; providing application fees;
54providing recertification requirements, including fees;
55authorizing the department to provide certain information
56to certain agencies; specifying limitations of
57certification; creating s. 482.1563, F.S.; authorizing the
58adoption of rules by the department; amending s. 482.2401,
59F.S.; requiring depositing of certain fines in the Pest
60Control Trust Fund; providing for the use of such funds;
61providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Section 403.9335, Florida Statutes, is created
66to read:
67     403.9335  Short title.--Sections 403.9335-403.9338 may be
68cited as the "Protection of Urban and Residential Environments
69and Water Act."
70     Section 2.  Section 403.9336, Florida Statutes, is created
71to read:
72     403.9336  Legislative findings.--The Legislature finds that
73the model fertilizer use ordinance contained in the Florida
74Consumer Fertilizer Task Force Final Report to the 2008 Florida
75Legislature, issued January 15, 2008, as well as its
76incorporation of Rule 5E-1.003, Florida Administrative Code,
77entitled, "Labeling Requirements For Urban Turf Fertilizers,"
78serve to improve the quality of water in the state's water
79bodies.
80     Section 3.  Section 403.9337, Florida Statutes, is created
81to read:
82     403.9337  Adoption of the Florida Friendly Fertilizer Use
83on Urban Landscapes Model Ordinance.--
84     (1)  The department is directed to adopt by secretarial
85order by October 1, 2008, without change the Florida Friendly
86Fertilizer Use on Urban Landscapes Model Ordinance contained in
87the Florida Consumer Fertilizer Task Force Final Report to the
882008 Florida Legislature, issued January 15, 2008.
89     (2)  At least every 3 years, or as additional research or
90other scientific information becomes available, the department,
91in consultation with the Department of Agriculture and Consumer
92Services, the University of Florida Institute of Food and
93Agricultural Sciences, local governments, and other interested
94parties, shall review the model ordinance and adopt changes as
95necessary.
96     (3)  A county or municipal government that has adopted and
97implemented the model ordinance adopted by the department and
98has collected site-specific data demonstrating that the model
99ordinance is not sufficiently protective may adopt additional
100provisions to or provisions more stringent than the model
101ordinance provided that such government can demonstrate it meets
102the following criteria:
103     (a)  The county or municipal government has within its
104jurisdiction all or part of a water body, or all or part of a
105watershed that drains to all or part of a water body, which has
106been verified as being impaired or assessed as being potentially
107impaired for a nutrient or nutrients under state or federal
108laws.
109     (b)  The county or municipal government has demonstrated,
110as part of a comprehensive program to address nonpoint sources
111of nutrient pollution which is based on sound scientific
112principals, that additional or more stringent provisions to the
113model ordinance are necessary to adequately address urban
114fertilizer contributions to nonpoint source nutrient loading to
115a water body identified in paragraph (a).
116     (4)  A county or municipal government may adopt additional
117provisions to or provisions more stringent than the model
118ordinance if:
119     (a)  The county or municipal government is a party to a
120basin management action plan adopted pursuant to s. 403.067 that
121requires additional or more stringent provisions than the model
122ordinance; or
123     (b)  The county or municipal government has an approved
124municipal separate storm sewer system permit which requires
125additional or more stringent provisions than the model
126ordinance.
127     (5)  A county or municipal government that elects to
128establish additional or more stringent criteria than the model
129ordinance shall consult with the department, the Department of
130Agriculture and Consumer Services, and the University of Florida
131Institute of Food and Agricultural Sciences in the establishment
132of the criteria. Input received from the consulting agencies
133shall become part of the record of the county or municipal
134government's decision for adoption of more stringent criteria.
135     (6)  A county or municipal government that adopted its own
136fertilizer use ordinance before January 15, 2008, is exempt from
137any requirement to adopt the model ordinance. Such government
138shall follow the process in subsections (3), (4) and (5) in the
139adoption of any additional or more stringent provisions.
140     Section 4.  Section 403.9338, Florida Statutes, is created
141to read:
142     403.9338  Minimum training program for limited
143certification for commercial fertilizer application.--
144     (1)  The minimum training program for the certificate
145issued by the Department of Agriculture and Consumer Services
146pursuant to s. 482.1562 shall consist of a course that is
147designed, approved, and made available by the Department of
148Environmental Protection and the University of Florida Institute
149of Food and Agricultural Sciences. The course shall be based on
150the "Florida Green Industries Best Management Practices for
151Protection of Water Resources in Florida," published by the
152Department of Environmental Protection, and consist of a minimum
153of 6 contact hours of training in the following subjects:
154     (a)  Nonpoint source pollution, including laws relating to
155such pollution, the effects of such pollution on water quality,
156business, the economy, and quality of life, and best management
157practices as both good business and environmental benefit.
158     (b)  Fertilizer characteristics and selection, including
159physical and chemical properties; soil type, pH, temperature,
160and moisture effects on release rates; application rates;
161spreader calibration; and materials handling and spills.
162     (c)  Florida turfgrass species and their characteristics,
163including fertilization requirements and the effects of
164landscape design, mowing, irrigation, shade, wear, pests,
165disease, cold and heat stresses on fertilizer materials, the
166amounts of fertilizer to be applied, and the timing of its
167application and, conversely, the effects of such fertilization
168on these cultural aspects in addition to the direct effects on
169water quality, including nutrient pollution, erosion and
170sedimentation, and water usage rates.
171     (d)  Irrigation systems and the effects of irrigation on
172volatilization, leaching, and runoff of fertilizer, the amount
173of water withdrawn, and water quality; the effects of
174aboveground or underground irrigation on plants and their
175fertilization needs; the effects of irrigation water quality and
176reclaimed water from that irrigation; diagnoses of irrigation
177and fertilization problems; and the importance of proper repair
178to maintain distribution uniformity to prevent spot leaching and
179runoff of fertilizers resulting in more fertilizer use and more
180pollution.
181     (e)  Florida landscape plants and their characteristics,
182including fertilization requirements and the effects of
183landscape design, pruning, irrigation, shade, pests, disease,
184cold and heat stresses on fertilizer materials, the amounts of
185fertilizer to be applied, and the timing of its application and,
186conversely, the effects of fertilization on these cultural
187aspects in addition to direct effects on water quality.
188     (f)  Pesticide licensing law, including provisions relating
189to fertilizer-pesticide mixtures; integrated pest management,
190environmental effects, and safety; the effects of fertilizer
191application on pesticide use; the effects of pesticides on
192fertilization requirements; and the prohibition on pesticide
193application by persons certified under s. 482.1562.
194     (2)  The Department of Environmental Protection shall
195contract with the University of Florida Institute of Food and
196Agricultural Sciences Extension to lead the training effort with
197the primary focus on state-level operations and county-level
198training. The Florida Green Industries Best Management Practices
199for Protection of Water Resources in Florida training program
200shall be co-located with the Florida Yards and Neighborhoods
201Program under the Institute of Food and Agricultural Sciences'
202Department of Environmental Horticulture's Florida Friendly
203Program and the Center for Landscape Conservation and Ecology.
204     (3)  The Department of Environmental Protection shall
205provide program training coordinators through the NOAA coastal
206training programs at the Rookery Bay National Estuarine Research
207Reserve, the Guana-Tolomato-Matanzas National Estuarine Research
208Reserve, and the Apalachicola National Estuarine Research
209Reserve to conduct regional train-the-trainer classes for
210industry professionals and corporate training staff and to
211coordinate and support local governments, water management
212districts, and the Institute of Food and Agricultural Sciences
213extension training activities.
214     (4)  Trainers shall be certified in the "Florida Green
215Industries Best Management Practices for Protection of Water
216Resources in Florida," published by the Department of
217Environmental Protection, and have a valid trainer certificate.
218All trainers shall satisfactorily complete a training program to
219conduct this course as provided below, or they shall have the
220academic credentials and instructional experience necessary for
221teaching the subjects. Trainer criteria shall include:
222     (a)  Demonstrated subject matter expertise, which includes
223an appropriate level of technical knowledge, skills, or
224abilities in the subjects they teach.
225     (b)  Demonstrated competency in delivery techniques and
226methods appropriate to adult learning principles for the target
227audience and the learning objectives.
228     (c)  Continued professional competency demonstrated by
229participating in continuing education, development programs, or
230experience related to their subject matter expertise and
231delivery skills.
232     (d)  Periodic evaluation of instructional competence by the
233training manager or his or her appointee.
234     (5)  The Department of Environmental Protection, in
235consultation with the Department of Agriculture and Consumer
236Services and with the Institute of Food and Agricultural
237Sciences, shall publish training requirements, procedures, and
238materials.
239     (6)  Effective January 1, 2009, a trainer certificate shall
240be issued by the Department of Environmental Protection or the
241University of Florida Institute of Food and Agricultural
242Sciences for certified trainers. A list of qualified trainers
243shall be maintained and published.
244     Section 5.  Subsections (6) through (27) of section
245482.021, Florida Statutes, are renumbered as subsections (7)
246through (28), respectively, present subsection (28) is
247renumbered as subsection (30), and new subsections (6) and (29)
248are added to that section to read:
249     482.021  Definitions.--For the purposes of this chapter,
250and unless otherwise required by the context, the term:
251     (6)  "Commercial fertilizer application" means application
252of fertilizer for payment or other consideration to property not
253owned by a person or firm making the application or by the
254employer of the applicator.
255     (29)  "Urban lawnscape" means any nonagricultural turf
256formed from grass or any other plant; and any shrub, bush, tree,
257or other plant used or intended for nonagricultural use in
258connection with the occupation or use of any structure. The term
259does not include golf courses or athletic fields.
260     Section 6.  Subsection (11) is added to section 482.091,
261Florida Statutes, to read:
262     482.091  Employee identification cards.--
263     (11)  Effective December 31, 2008, for every employee who
264applies fertilizer commercially to urban lawnscape pursuant to
265s. 482.1562, the licensee or certified operator in charge must
266apply for an identification card that identifies that employee
267as having received the training certificate specified in s.
268403.9338. The application for the identification card must be
269accompanied by the training certificate. The identification
270cards for such employees must be applied for, and shall be
271issued and used, in accordance with this section. This
272subsection does not apply to a certified operator who is
273certified in the category of lawn and commercial pest control.
274     Section 7.  Paragraph (b) of subsection (2) of section
275482.156, Florida Statutes, is amended, and subsection (6) is
276added to that section, to read:
277     482.156  Limited certification for commercial landscape
278maintenance personnel.--
279     (2)
280     (b)  To be eligible to take the examination, an applicant
281must have completed 6 classroom hours of plant bed and
282ornamental continuing education training approved by the
283department and provide sufficient proof, according to criteria
284established by department rule. The department shall provide the
285appropriate reference materials for the examination and make the
286examination readily accessible and available to applicants at
287least quarterly or as necessary in each county.
288     (6)  Persons certified under this section shall not be
289required to obtain the limited certificate for commercial
290fertilizer application in order to be considered certified for
291the purposes of implementing fertilizer best management
292practices as adopted by the department, provided that by
293December 31, 2008, such persons obtain the training certificate
294specified in s. 482.1562(2)(a) prior to issuance or renewal of
295the limited certificate for commercial landscape maintenance.
296     Section 8.  Section 482.1561, Florida Statutes, is created
297to read:
298     482.1561  Regulation of commercial fertilizer
299application.--
300     (1)  Effective December 31, 2008, any person who applies
301fertilizer commercially to urban lawnscape, as defined in this
302chapter, or urban turf, as defined by department rule issued
303under chapter 576, shall:
304     (a)  Hold a limited certificate for commercial fertilizer
305application, as issued under s. 482.1562;
306     (b)  Hold a limited certificate for commercial landscape
307maintenance, as issued under s. 482.156; or
308     (c)  Be under the direct supervision of a certified
309operator in lawn and ornamental pest control, as issued under s.
310482.111, who is in compliance with s. 482.091(11).
311     (2)  Application of fertilizer to urban lawnscapes by a
312certified fertilizer applicator shall be in accordance with best
313management practices for fertilizer application as adopted by
314the department and the Department of Environmental Protection.
315     Section 9.  Section 482.1562, Florida Statutes, is created
316to read:
317     482.1562  Limited certification for commercial fertilizer
318application.--
319     (1)  The department shall establish a limited certification
320category for commercial fertilizer application to certify
321persons on the application of fertilizer to urban turf in
322compliance with best management practices for fertilizer
323application and management as adopted by the department and the
324Department of Environmental Protection.
325     (2)(a)  A person seeking limited certification under this
326section must apply to the department and submit a copy of the
327training certificate received from the Department of
328Environmental Protection or the University of Florida Institute
329of Food and Agricultural Sciences as proof of having completed
330the minimum training program set forth in s. 403.9338.
331     (b)  Each application must be accompanied by a registration
332fee set by the department, in an amount of not more than $150 or
333less than $50; however, until a rule setting this fee is adopted
334by the department, the fee is $50.
335     (3)  An application for recertification under this section
336must be made annually and be accompanied by a recertification
337fee set by the department, in an amount of not more than $75 or
338less than $25; however, until a rule setting this fee is adopted
339by the department, the fee for recertification is $25. After a
340grace period not exceeding 30 calendar days following the annual
341date that recertification is due, a late renewal charge of $50
342shall be assessed and must be paid in addition to the renewal
343fee. Unless timely recertified, a certificate automatically
344expires 180 calendar days after the anniversary recertification
345date. Subsequent to such expiration, a certificate may be issued
346only upon presentation of the training certificate and upon
347payment of the certification fees due.
348     (4)  The department is authorized to provide information on
349the certification status of persons certified under this section
350and results of inspections and investigations to local and state
351government agencies involved in the regulation of fertilizer use
352and management and to cooperate with these entities to more
353efficiently regulate the use and management of fertilizer.
354     (5)  Certification under this section does not authorize:
355     (a)  Application of pesticides to turf or ornamentals,
356including pesticide fertilizer mixtures;
357     (b)  Operation of a pest control business; or
358     (c)  Application of pesticides by unlicensed or uncertified
359personnel under the supervision of a certified person.
360     Section 10.  Section 482.1563, Florida Statutes, is created
361to read:
362     482.1563  Rules.--The department has authority to adopt
363rules pursuant to ss. 120.536(1) and 120.54 to implement the
364provisions of ss. 482.1561 and 482.1562.
365     Section 11.  Subsection (1) of section 482.2401, Florida
366Statutes, is amended, subsection (3) is renumbered as subsection
367(4) and amended, and a new subsection (3) is added to that
368section, to read:
369     482.2401  Disposition and use of revenues from fees and
370fines.--
371     (1)  All moneys collected or received by the department
372under this chapter shall be deposited in the Pest Control Trust
373Fund and, except as provided in subsections subsection (3) and
374(4), shall be used by the department in carrying out the
375provisions of this chapter and in the education of the pest
376control industry.
377     (3)  All fines collected or received for failure to comply
378with ss. 482.1561 and 482.1562 shall be deposited into the Pest
379Control Trust Fund and shall be used by the department for urban
380lawnscape fertilizer best management practices education.
381     (4)(3)  All other revenues from administrative fines shall
382be used to support contract research or education in pest
383control. The department shall appoint a committee composed of
384pest control industry members which shall assist the department
385in establishing research or education priorities, in developing
386requests for proposals for bids, and in selecting research or
387education contractors from qualified bidders.
388     Section 12.  This act shall take effect upon becoming a
389law.


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