| 1 | A bill to be entitled |
| 2 | An act relating to relating to protecting urban and |
| 3 | residential environments and water; creating s. 403.9335, |
| 4 | F.S.; providing a short title; creating s. 403.9336, F.S.; |
| 5 | providing legislative findings; creating s. 403.9337, |
| 6 | F.S.; requiring adoption of the Florida Friendly |
| 7 | Fertilizer Use on Urban Landscapes Model Ordinance by a |
| 8 | specified time; providing for adoption of additional or |
| 9 | more stringent provisions; providing an exception to |
| 10 | adoption; creating s. 403.9338, F.S.; providing that the |
| 11 | minimum training program for limited certification for |
| 12 | commercial fertilizer application issued by the Department |
| 13 | of Agriculture and Consumer Services be designed, |
| 14 | approved, and made available by the Department of |
| 15 | Environmental Protection and the Institute of Food and |
| 16 | Agricultural Sciences; providing for hours and subjects of |
| 17 | training; requiring the Department of Environmental |
| 18 | Protection to contract with the Institute of Food and |
| 19 | Agricultural Sciences to lead the training effort; |
| 20 | providing for co-location of programs; requiring the |
| 21 | Department of Environmental Protection to provide program |
| 22 | training coordinators; providing for regional train-the- |
| 23 | trainers classes; requiring trainer certification; |
| 24 | providing trainer criteria; requiring publication of |
| 25 | certain training information; requiring issuance of the |
| 26 | trainer certificate by a specified time; requiring the |
| 27 | maintenance and publication of a list of qualified |
| 28 | trainers; amending s. 482.021, F.S.; providing |
| 29 | definitions; amending s. 482.091, F.S.; requiring issuance |
| 30 | of identification cards for persons who apply fertilizer |
| 31 | commercially to urban lawnscape indicating receipt of a |
| 32 | training certificate; providing for required use; |
| 33 | providing an exception; amending s. 482.156, F.S.; |
| 34 | deleting requirement for proof of certain training |
| 35 | requirements established by the Department of Agriculture |
| 36 | and Consumer Services; providing certain exception for |
| 37 | persons holding the limited certificate for commercial |
| 38 | landscape maintenance from holding other certification; |
| 39 | requiring such persons to receive specified training by a |
| 40 | time certain; creating s. 482.1561, F.S.; providing for |
| 41 | regulation of commercial fertilizer application on urban |
| 42 | lawnscape and urban turf; requiring certification of such |
| 43 | applicators by the department; providing for certain |
| 44 | applicators to be under the direct supervision of certain |
| 45 | certified persons; requiring such fertilizer application |
| 46 | be in compliance with best management practices adopted by |
| 47 | the Department of Agriculture and Consumer Services and |
| 48 | the Department of Environmental Protection; creating s. |
| 49 | 482.1562, F.S.; establishing a limited certification |
| 50 | category for commercial fertilizer application under the |
| 51 | Department of Agriculture and Consumer Services; requiring |
| 52 | completion of a minimum training program prior to |
| 53 | application for certification; providing application fees; |
| 54 | providing recertification requirements, including fees; |
| 55 | authorizing the department to provide certain information |
| 56 | to certain agencies; specifying limitations of |
| 57 | certification; creating s. 482.1563, F.S.; authorizing the |
| 58 | adoption of rules by the department; amending s. 482.2401, |
| 59 | F.S.; requiring depositing of certain fines in the Pest |
| 60 | Control Trust Fund; providing for the use of such funds; |
| 61 | providing an effective date. |
| 62 |
|
| 63 | Be It Enacted by the Legislature of the State of Florida: |
| 64 |
|
| 65 | Section 1. Section 403.9335, Florida Statutes, is created |
| 66 | to read: |
| 67 | 403.9335 Short title.--Sections 403.9335-403.9338 may be |
| 68 | cited as the "Protection of Urban and Residential Environments |
| 69 | and Water Act." |
| 70 | Section 2. Section 403.9336, Florida Statutes, is created |
| 71 | to read: |
| 72 | 403.9336 Legislative findings.--The Legislature finds that |
| 73 | the model fertilizer use ordinance contained in the Florida |
| 74 | Consumer Fertilizer Task Force Final Report to the 2008 Florida |
| 75 | Legislature, issued January 15, 2008, as well as its |
| 76 | incorporation of Rule 5E-1.003, Florida Administrative Code, |
| 77 | entitled, "Labeling Requirements For Urban Turf Fertilizers," |
| 78 | serve to improve the quality of water in the state's water |
| 79 | bodies. |
| 80 | Section 3. Section 403.9337, Florida Statutes, is created |
| 81 | to read: |
| 82 | 403.9337 Adoption of the Florida Friendly Fertilizer Use |
| 83 | on Urban Landscapes Model Ordinance.-- |
| 84 | (1) The department is directed to adopt by secretarial |
| 85 | order by October 1, 2008, without change the Florida Friendly |
| 86 | Fertilizer Use on Urban Landscapes Model Ordinance contained in |
| 87 | the Florida Consumer Fertilizer Task Force Final Report to the |
| 88 | 2008 Florida Legislature, issued January 15, 2008. |
| 89 | (2) At least every 3 years, or as additional research or |
| 90 | other scientific information becomes available, the department, |
| 91 | in consultation with the Department of Agriculture and Consumer |
| 92 | Services, the University of Florida Institute of Food and |
| 93 | Agricultural Sciences, local governments, and other interested |
| 94 | parties, shall review the model ordinance and adopt changes as |
| 95 | necessary. |
| 96 | (3) A county or municipal government that has adopted and |
| 97 | implemented the model ordinance adopted by the department and |
| 98 | has collected site-specific data demonstrating that the model |
| 99 | ordinance is not sufficiently protective may adopt additional |
| 100 | provisions to or provisions more stringent than the model |
| 101 | ordinance provided that such government can demonstrate it meets |
| 102 | the following criteria: |
| 103 | (a) The county or municipal government has within its |
| 104 | jurisdiction all or part of a water body, or all or part of a |
| 105 | watershed that drains to all or part of a water body, which has |
| 106 | been verified as being impaired or assessed as being potentially |
| 107 | impaired for a nutrient or nutrients under state or federal |
| 108 | laws. |
| 109 | (b) The county or municipal government has demonstrated, |
| 110 | as part of a comprehensive program to address nonpoint sources |
| 111 | of nutrient pollution which is based on sound scientific |
| 112 | principals, that additional or more stringent provisions to the |
| 113 | model ordinance are necessary to adequately address urban |
| 114 | fertilizer contributions to nonpoint source nutrient loading to |
| 115 | a water body identified in paragraph (a). |
| 116 | (4) A county or municipal government may adopt additional |
| 117 | provisions to or provisions more stringent than the model |
| 118 | ordinance if: |
| 119 | (a) The county or municipal government is a party to a |
| 120 | basin management action plan adopted pursuant to s. 403.067 that |
| 121 | requires additional or more stringent provisions than the model |
| 122 | ordinance; or |
| 123 | (b) The county or municipal government has an approved |
| 124 | municipal separate storm sewer system permit which requires |
| 125 | additional or more stringent provisions than the model |
| 126 | ordinance. |
| 127 | (5) A county or municipal government that elects to |
| 128 | establish additional or more stringent criteria than the model |
| 129 | ordinance shall consult with the department, the Department of |
| 130 | Agriculture and Consumer Services, and the University of Florida |
| 131 | Institute of Food and Agricultural Sciences in the establishment |
| 132 | of the criteria. Input received from the consulting agencies |
| 133 | shall become part of the record of the county or municipal |
| 134 | government's decision for adoption of more stringent criteria. |
| 135 | (6) A county or municipal government that adopted its own |
| 136 | fertilizer use ordinance before January 15, 2008, is exempt from |
| 137 | any requirement to adopt the model ordinance. Such government |
| 138 | shall follow the process in subsections (3), (4) and (5) in the |
| 139 | adoption of any additional or more stringent provisions. |
| 140 | Section 4. Section 403.9338, Florida Statutes, is created |
| 141 | to read: |
| 142 | 403.9338 Minimum training program for limited |
| 143 | certification for commercial fertilizer application.-- |
| 144 | (1) The minimum training program for the certificate |
| 145 | issued by the Department of Agriculture and Consumer Services |
| 146 | pursuant to s. 482.1562 shall consist of a course that is |
| 147 | designed, approved, and made available by the Department of |
| 148 | Environmental Protection and the University of Florida Institute |
| 149 | of Food and Agricultural Sciences. The course shall be based on |
| 150 | the "Florida Green Industries Best Management Practices for |
| 151 | Protection of Water Resources in Florida," published by the |
| 152 | Department of Environmental Protection, and consist of a minimum |
| 153 | of 6 contact hours of training in the following subjects: |
| 154 | (a) Nonpoint source pollution, including laws relating to |
| 155 | such pollution, the effects of such pollution on water quality, |
| 156 | business, the economy, and quality of life, and best management |
| 157 | practices as both good business and environmental benefit. |
| 158 | (b) Fertilizer characteristics and selection, including |
| 159 | physical and chemical properties; soil type, pH, temperature, |
| 160 | and moisture effects on release rates; application rates; |
| 161 | spreader calibration; and materials handling and spills. |
| 162 | (c) Florida turfgrass species and their characteristics, |
| 163 | including fertilization requirements and the effects of |
| 164 | landscape design, mowing, irrigation, shade, wear, pests, |
| 165 | disease, cold and heat stresses on fertilizer materials, the |
| 166 | amounts of fertilizer to be applied, and the timing of its |
| 167 | application and, conversely, the effects of such fertilization |
| 168 | on these cultural aspects in addition to the direct effects on |
| 169 | water quality, including nutrient pollution, erosion and |
| 170 | sedimentation, and water usage rates. |
| 171 | (d) Irrigation systems and the effects of irrigation on |
| 172 | volatilization, leaching, and runoff of fertilizer, the amount |
| 173 | of water withdrawn, and water quality; the effects of |
| 174 | aboveground or underground irrigation on plants and their |
| 175 | fertilization needs; the effects of irrigation water quality and |
| 176 | reclaimed water from that irrigation; diagnoses of irrigation |
| 177 | and fertilization problems; and the importance of proper repair |
| 178 | to maintain distribution uniformity to prevent spot leaching and |
| 179 | runoff of fertilizers resulting in more fertilizer use and more |
| 180 | pollution. |
| 181 | (e) Florida landscape plants and their characteristics, |
| 182 | including fertilization requirements and the effects of |
| 183 | landscape design, pruning, irrigation, shade, pests, disease, |
| 184 | cold and heat stresses on fertilizer materials, the amounts of |
| 185 | fertilizer to be applied, and the timing of its application and, |
| 186 | conversely, the effects of fertilization on these cultural |
| 187 | aspects in addition to direct effects on water quality. |
| 188 | (f) Pesticide licensing law, including provisions relating |
| 189 | to fertilizer-pesticide mixtures; integrated pest management, |
| 190 | environmental effects, and safety; the effects of fertilizer |
| 191 | application on pesticide use; the effects of pesticides on |
| 192 | fertilization requirements; and the prohibition on pesticide |
| 193 | application by persons certified under s. 482.1562. |
| 194 | (2) The Department of Environmental Protection shall |
| 195 | contract with the University of Florida Institute of Food and |
| 196 | Agricultural Sciences Extension to lead the training effort with |
| 197 | the primary focus on state-level operations and county-level |
| 198 | training. The Florida Green Industries Best Management Practices |
| 199 | for Protection of Water Resources in Florida training program |
| 200 | shall be co-located with the Florida Yards and Neighborhoods |
| 201 | Program under the Institute of Food and Agricultural Sciences' |
| 202 | Department of Environmental Horticulture's Florida Friendly |
| 203 | Program and the Center for Landscape Conservation and Ecology. |
| 204 | (3) The Department of Environmental Protection shall |
| 205 | provide program training coordinators through the NOAA coastal |
| 206 | training programs at the Rookery Bay National Estuarine Research |
| 207 | Reserve, the Guana-Tolomato-Matanzas National Estuarine Research |
| 208 | Reserve, and the Apalachicola National Estuarine Research |
| 209 | Reserve to conduct regional train-the-trainer classes for |
| 210 | industry professionals and corporate training staff and to |
| 211 | coordinate and support local governments, water management |
| 212 | districts, and the Institute of Food and Agricultural Sciences |
| 213 | extension training activities. |
| 214 | (4) Trainers shall be certified in the "Florida Green |
| 215 | Industries Best Management Practices for Protection of Water |
| 216 | Resources in Florida," published by the Department of |
| 217 | Environmental Protection, and have a valid trainer certificate. |
| 218 | All trainers shall satisfactorily complete a training program to |
| 219 | conduct this course as provided below, or they shall have the |
| 220 | academic credentials and instructional experience necessary for |
| 221 | teaching the subjects. Trainer criteria shall include: |
| 222 | (a) Demonstrated subject matter expertise, which includes |
| 223 | an appropriate level of technical knowledge, skills, or |
| 224 | abilities in the subjects they teach. |
| 225 | (b) Demonstrated competency in delivery techniques and |
| 226 | methods appropriate to adult learning principles for the target |
| 227 | audience and the learning objectives. |
| 228 | (c) Continued professional competency demonstrated by |
| 229 | participating in continuing education, development programs, or |
| 230 | experience related to their subject matter expertise and |
| 231 | delivery skills. |
| 232 | (d) Periodic evaluation of instructional competence by the |
| 233 | training manager or his or her appointee. |
| 234 | (5) The Department of Environmental Protection, in |
| 235 | consultation with the Department of Agriculture and Consumer |
| 236 | Services and with the Institute of Food and Agricultural |
| 237 | Sciences, shall publish training requirements, procedures, and |
| 238 | materials. |
| 239 | (6) Effective January 1, 2009, a trainer certificate shall |
| 240 | be issued by the Department of Environmental Protection or the |
| 241 | University of Florida Institute of Food and Agricultural |
| 242 | Sciences for certified trainers. A list of qualified trainers |
| 243 | shall be maintained and published. |
| 244 | Section 5. Subsections (6) through (27) of section |
| 245 | 482.021, Florida Statutes, are renumbered as subsections (7) |
| 246 | through (28), respectively, present subsection (28) is |
| 247 | renumbered as subsection (30), and new subsections (6) and (29) |
| 248 | are added to that section to read: |
| 249 | 482.021 Definitions.--For the purposes of this chapter, |
| 250 | and unless otherwise required by the context, the term: |
| 251 | (6) "Commercial fertilizer application" means application |
| 252 | of fertilizer for payment or other consideration to property not |
| 253 | owned by a person or firm making the application or by the |
| 254 | employer of the applicator. |
| 255 | (29) "Urban lawnscape" means any nonagricultural turf |
| 256 | formed from grass or any other plant; and any shrub, bush, tree, |
| 257 | or other plant used or intended for nonagricultural use in |
| 258 | connection with the occupation or use of any structure. The term |
| 259 | does not include golf courses or athletic fields. |
| 260 | Section 6. Subsection (11) is added to section 482.091, |
| 261 | Florida Statutes, to read: |
| 262 | 482.091 Employee identification cards.-- |
| 263 | (11) Effective December 31, 2008, for every employee who |
| 264 | applies fertilizer commercially to urban lawnscape pursuant to |
| 265 | s. 482.1562, the licensee or certified operator in charge must |
| 266 | apply for an identification card that identifies that employee |
| 267 | as having received the training certificate specified in s. |
| 268 | 403.9338. The application for the identification card must be |
| 269 | accompanied by the training certificate. The identification |
| 270 | cards for such employees must be applied for, and shall be |
| 271 | issued and used, in accordance with this section. This |
| 272 | subsection does not apply to a certified operator who is |
| 273 | certified in the category of lawn and commercial pest control. |
| 274 | Section 7. Paragraph (b) of subsection (2) of section |
| 275 | 482.156, Florida Statutes, is amended, and subsection (6) is |
| 276 | added to that section, to read: |
| 277 | 482.156 Limited certification for commercial landscape |
| 278 | maintenance personnel.-- |
| 279 | (2) |
| 280 | (b) To be eligible to take the examination, an applicant |
| 281 | must have completed 6 classroom hours of plant bed and |
| 282 | ornamental continuing education training approved by the |
| 283 | department and provide sufficient proof, according to criteria |
| 284 | established by department rule. The department shall provide the |
| 285 | appropriate reference materials for the examination and make the |
| 286 | examination readily accessible and available to applicants at |
| 287 | least quarterly or as necessary in each county. |
| 288 | (6) Persons certified under this section shall not be |
| 289 | required to obtain the limited certificate for commercial |
| 290 | fertilizer application in order to be considered certified for |
| 291 | the purposes of implementing fertilizer best management |
| 292 | practices as adopted by the department, provided that by |
| 293 | December 31, 2008, such persons obtain the training certificate |
| 294 | specified in s. 482.1562(2)(a) prior to issuance or renewal of |
| 295 | the limited certificate for commercial landscape maintenance. |
| 296 | Section 8. Section 482.1561, Florida Statutes, is created |
| 297 | to read: |
| 298 | 482.1561 Regulation of commercial fertilizer |
| 299 | application.-- |
| 300 | (1) Effective December 31, 2008, any person who applies |
| 301 | fertilizer commercially to urban lawnscape, as defined in this |
| 302 | chapter, or urban turf, as defined by department rule issued |
| 303 | under chapter 576, shall: |
| 304 | (a) Hold a limited certificate for commercial fertilizer |
| 305 | application, as issued under s. 482.1562; |
| 306 | (b) Hold a limited certificate for commercial landscape |
| 307 | maintenance, as issued under s. 482.156; or |
| 308 | (c) Be under the direct supervision of a certified |
| 309 | operator in lawn and ornamental pest control, as issued under s. |
| 310 | 482.111, who is in compliance with s. 482.091(11). |
| 311 | (2) Application of fertilizer to urban lawnscapes by a |
| 312 | certified fertilizer applicator shall be in accordance with best |
| 313 | management practices for fertilizer application as adopted by |
| 314 | the department and the Department of Environmental Protection. |
| 315 | Section 9. Section 482.1562, Florida Statutes, is created |
| 316 | to read: |
| 317 | 482.1562 Limited certification for commercial fertilizer |
| 318 | application.-- |
| 319 | (1) The department shall establish a limited certification |
| 320 | category for commercial fertilizer application to certify |
| 321 | persons on the application of fertilizer to urban turf in |
| 322 | compliance with best management practices for fertilizer |
| 323 | application and management as adopted by the department and the |
| 324 | Department of Environmental Protection. |
| 325 | (2)(a) A person seeking limited certification under this |
| 326 | section must apply to the department and submit a copy of the |
| 327 | training certificate received from the Department of |
| 328 | Environmental Protection or the University of Florida Institute |
| 329 | of Food and Agricultural Sciences as proof of having completed |
| 330 | the minimum training program set forth in s. 403.9338. |
| 331 | (b) Each application must be accompanied by a registration |
| 332 | fee set by the department, in an amount of not more than $150 or |
| 333 | less than $50; however, until a rule setting this fee is adopted |
| 334 | by the department, the fee is $50. |
| 335 | (3) An application for recertification under this section |
| 336 | must be made annually and be accompanied by a recertification |
| 337 | fee set by the department, in an amount of not more than $75 or |
| 338 | less than $25; however, until a rule setting this fee is adopted |
| 339 | by the department, the fee for recertification is $25. After a |
| 340 | grace period not exceeding 30 calendar days following the annual |
| 341 | date that recertification is due, a late renewal charge of $50 |
| 342 | shall be assessed and must be paid in addition to the renewal |
| 343 | fee. Unless timely recertified, a certificate automatically |
| 344 | expires 180 calendar days after the anniversary recertification |
| 345 | date. Subsequent to such expiration, a certificate may be issued |
| 346 | only upon presentation of the training certificate and upon |
| 347 | payment of the certification fees due. |
| 348 | (4) The department is authorized to provide information on |
| 349 | the certification status of persons certified under this section |
| 350 | and results of inspections and investigations to local and state |
| 351 | government agencies involved in the regulation of fertilizer use |
| 352 | and management and to cooperate with these entities to more |
| 353 | efficiently 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, |
| 356 | including pesticide fertilizer mixtures; |
| 357 | (b) Operation of a pest control business; or |
| 358 | (c) Application of pesticides by unlicensed or uncertified |
| 359 | personnel under the supervision of a certified person. |
| 360 | Section 10. Section 482.1563, Florida Statutes, is created |
| 361 | to read: |
| 362 | 482.1563 Rules.--The department has authority to adopt |
| 363 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
| 364 | provisions of ss. 482.1561 and 482.1562. |
| 365 | Section 11. Subsection (1) of section 482.2401, Florida |
| 366 | Statutes, is amended, subsection (3) is renumbered as subsection |
| 367 | (4) and amended, and a new subsection (3) is added to that |
| 368 | section, to read: |
| 369 | 482.2401 Disposition and use of revenues from fees and |
| 370 | fines.-- |
| 371 | (1) All moneys collected or received by the department |
| 372 | under this chapter shall be deposited in the Pest Control Trust |
| 373 | Fund and, except as provided in subsections subsection (3) and |
| 374 | (4), shall be used by the department in carrying out the |
| 375 | provisions of this chapter and in the education of the pest |
| 376 | control industry. |
| 377 | (3) All fines collected or received for failure to comply |
| 378 | with ss. 482.1561 and 482.1562 shall be deposited into the Pest |
| 379 | Control Trust Fund and shall be used by the department for urban |
| 380 | lawnscape fertilizer best management practices education. |
| 381 | (4)(3) All other revenues from administrative fines shall |
| 382 | be used to support contract research or education in pest |
| 383 | control. The department shall appoint a committee composed of |
| 384 | pest control industry members which shall assist the department |
| 385 | in establishing research or education priorities, in developing |
| 386 | requests for proposals for bids, and in selecting research or |
| 387 | education contractors from qualified bidders. |
| 388 | Section 12. This act shall take effect upon becoming a |
| 389 | law. |