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.; 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; directing certain appropriations to local

11

governments adopting the model ordinance or an expanded or

12

more stringent one; amending s. 482.021, F.S.; providing a

13

definition; amending s. 482.156, F.S.; deleting

14

requirement for proof of certain training requirements

15

established by the Department of Agriculture and Consumer

16

Services; creating s. 482.1561, F.S.; providing

17

regulations of commercial fertilizer application on urban

18

turf; requiring certification of such applicators by the

19

department; providing such fertilizer application be in

20

compliance with best management practices established by

21

the Department of Environmental Protection; creating s.

22

482.1562, F.S.; establishing a limited certification

23

category for commercial fertilizer application under the

24

Department of Agriculture and Consumer Services; requiring

25

completion of a minimum training program and minimum score

26

on examination prior to application for certification;

27

providing application fees; providing that the training

28

program be designed, approved, and made available by the

29

Department of Environmental Protection and the Institute

30

of Food and Agricultural Sciences; providing for hours and

31

subjects of training; requiring the Department of

32

Environmental Protection to contract with the Institute of

33

Food and Agricultural Sciences to lead the training

34

effort; providing for co-location of programs; requiring

35

the Department of Environmental Protection to provide

36

program training coordinators; providing for regional

37

train-the-trainers classes; requiring trainer

38

certification; providing trainer criteria; requiring

39

publication of certain training information; requiring

40

issuance of trainer certificate by a specified time;

41

requiring the maintenance and publication of a list of

42

qualified trainers; providing recertification requirements

43

for the limited certification for commercial fertilizer

44

application issued by the Department of Agriculture and

45

Consumer Services, including fees; requiring the

46

maintenance of certain records by persons certified;

47

authorizing the department to provide certain information

48

to certain agencies; providing an effective date.

49

50

Be It Enacted by the Legislature of the State of Florida:

51

52

     Section 1.  Section 403.9335, Florida Statutes, is created

53

to read:

54

     403.9335 Short title.--Sections 403.9335-403.9337 may be

55

cited as the "Protection of Urban and Residential Environments

56

and Water Act."

57

     Section 2.  Section 403.9336, Florida Statutes, is created

58

to read:

59

     403.9336 Legislative findings.--The Legislature finds that

60

the model fertilizer use ordinance contained in the Florida

61

Consumer Fertilizer Task Force Final Report to the 2008 Florida

62

Legislature, issued January 15, 2008, as well as its

63

incorporation of Rule 5E-1.003(2), Florida Administrative Code,

64

entitled, "Labeling Requirements For Urban Turf Fertilizers," are

65

protective of the quality of water in the state's water bodies.

66

     Section 3.  Section 403.9337, Florida Statutes, is created

67

to read:

68

     403.9337 Adoption of the "Florida Friendly Fertilizer Use

69

on Urban Landscapes Model Ordinance".--

70

     (1) Unless exempt, no later than October 1, 2008, all

71

county and municipal governments must, at a minimum, adopt the

72

"Florida Friendly Fertilizer Use on Urban Landscapes Model

73

Ordinance" contained in the Florida Consumer Fertilizer Task

74

Force Final Report to the 2008 Florida Legislature, issued

75

January 15, 2008.

76

     (2) A county or municipal government, however, may adopt

77

additional provisions to or more stringent provisions than the

78

model ordinance, provided:

79

     (a) Such government can demonstrate it meets at least one

80

of the following criteria:

81

     1. The county or municipal government has a verified

82

impaired water body that exists within its jurisdiction;

83

     2. A total maximum daily loads requirement for the impaired

84

water body exists under state and federal laws; or

85

     3. A more restrictive ordinance has been adopted as a part

86

of a basin management action plan; or

87

     (b) The Environmental Regulation Commission of the

88

Department of Environmental Protection deems the additional or

89

more stringent provisions to the model ordinance necessary based

90

on sound scientific principles.

91

     (3) Any county or municipal government that has adopted its

92

own fertilizer use ordinance before July 1, 2008, is exempt from

93

the requirement for adoption of the model ordinance.

94

     (4) Any appropriation by the Legislature for educating

95

consumers on the model ordinance or on other fertilizer best

96

management practices at the local government level shall be

97

directed to only those counties and municipalities that have

98

adopted the model ordinance or an expanded or more stringent

99

ordinance as described in subsection (2).

100

     Section 4.  Subsections (6) through (28) of section 482.021,

101

Florida Statutes, are renumbered as subsections (7) through (29),

102

respectively, and a new subsection (6) is added to that section

103

to read:

104

     482.021  Definitions.--For the purposes of this chapter, and

105

unless otherwise required by the context, the term:

106

     (6) "Commercial fertilizer application" means application

107

of fertilizer for payment or other consideration to property not

108

owned by a person or firm making the application or by the

109

employer of the applicator.

110

     Section 5.  Paragraph (b) of subsection (2) of section

111

482.156, Florida Statutes, is amended to read:

112

     482.156  Limited certification for commercial landscape

113

maintenance personnel.--

114

     (2)

115

     (b)  To be eligible to take the examination, an applicant

116

must have completed 6 classroom hours of plant bed and ornamental

117

continuing education training approved by the department and

118

provide sufficient proof, according to criteria established by

119

department rule. The department shall provide the appropriate

120

reference materials for the examination and make the examination

121

readily accessible and available to applicants at least quarterly

122

or as necessary in each county.

123

     Section 6.  Section 482.1561, Florida Statutes, is created

124

to read:

125

     482.1561 Regulation of commercial fertilizer application.--

126

     (1) Any person who applies fertilizer commercially to urban

127

turf, as defined by the department in rule issued under chapter

128

576, must hold a limited certificate for commercial fertilizer

129

application issued under s. 482.1562.

130

     (2) Application of fertilizer to urban turf by a certified

131

fertilizer applicator shall be in accordance with best management

132

practices for fertilizer application as adopted by the Department

133

of Environmental Protection.

134

     (3) For the purposes of this section, disciplinary action

135

by the department shall be limited to suspension or revocation of

136

the certificate issued for fertilizer application.

137

     Section 7.  Section 482.1562, Florida Statutes, is created

138

to read:

139

     482.1562 Limited certification for commercial fertilizer

140

application.--

141

     (1) The department shall establish a limited certification

142

category for commercial fertilizer application to certify persons

143

on the application of fertilizer to urban turf in compliance with

144

best management practices for fertilizer application and

145

management as adopted by the Department of Environmental

146

Protection.

147

     (2)(a) A person seeking limited certification under this

148

section must apply to the department and submit a copy of the

149

training certificate received from the Department of

150

Environmental Protection or the Institute of Food and

151

Agricultural Sciences at the University of Florida as proof of

152

having completed the minimum training program set forth in this

153

section and having passed the final examination with a minimum

154

score of 75 percent or other acceptable proof as described by the

155

department in rule.

156

     (b) Each application must be accompanied by a registration

157

fee set by the department, in an amount of not more than $150 or

158

less than $50; however, until a rule setting this fee is adopted

159

by the department, the examination fee is $50.

160

     (3)(a) The minimum training program for the certificate

161

shall consist of a course that is designed, approved, and made

162

available by the Department of Environmental Protection and the

163

Institute of Food and Agricultural Sciences at the University of

164

Florida. The course shall be based on the "Florida Green

165

Industries Best Management Practices for Protection of Water

166

Resources in Florida," published by the Department of

167

Environmental Protection, and consist of a minimum of 6 contact

168

hours of training in the following subjects:

169

     1. Overview of nonpoint source pollution, laws, and effects

170

on water quality; effects on business, economy, and quality of

171

life; and best management practices as both good business and

172

environmental benefit.

173

     2. Fertilizer characteristics and selection, including

174

physical and chemical properties; soil type, pH, temperature, and

175

moisture effects on release rates; calculation of application

176

rates; spreader calibration; and materials handling and spills.

177

     3. Florida turfgrass species and characteristics, including

178

fertilizer requirements and the effects of landscape design,

179

mowing, irrigation, shade, wear, pest, disease, cold and heat

180

stresses on fertilizer materials, amounts and timing, and,

181

conversely, the effects of fertilization on these cultural

182

aspects in addition to direct effects on water quality, including

183

nutrient pollution, erosion and sedimentation, and water usage

184

rates.

185

     4. Irrigation systems and the effects of irrigation on

186

volatilization, leaching, runoff, excessive withdrawal and water

187

quality issues; effects of over or under irrigation on plants and

188

fertilizer needs; effects of irrigation water quality and

189

reclaimed water issues; diagnoses of irrigation and fertilizer

190

problems; and importance of proper repair to maintain

191

distribution uniformity to prevent spot leaching and runoff of

192

fertilizers resulting in more fertilizer use and more pollution.

193

     5. Florida landscape plants and characteristics, including

194

fertilizer requirements and the effects of landscape design,

195

pruning, irrigation, shade, pest, disease, cold and heat stresses

196

on fertilizer materials, amounts and timing, and, conversely, the

197

effects of fertilization on these cultural aspects in addition to

198

direct effects on water quality.

199

     6. Pesticide licensing law, including fertilizer-pesticide

200

mixtures; integrated pest management, environmental effects, and

201

safety; effects of fertilizer application on pesticide use; and

202

effects of some pesticides on fertilization requirements.

203

     (b) Local ordinance compliance training shall be in

204

addition to the required hours of instruction.

205

     (4) The Department of Environmental Protection shall

206

contract with the University of Florida Institute of Food and

207

Agricultural Sciences Extension to lead the training effort with

208

the primary focus on state-level operations and county-level

209

training. The Florida Green Industries Best Management Practices

210

for Protection of Water Resources in Florida training program

211

shall be co-located with the Florida Yards and Neighborhoods

212

Program under the Institute of Food and Agricultural Sciences'

213

Department of Environmental Horticulture's Family Friendly

214

Program and the Center for Landscape Conservation and Ecology.

215

     (5) The Department of Environmental Protection shall

216

provide program training coordinators through the NOAA coastal

217

training programs at the Rookery Bay National Estuarine Research

218

Reserve, the Guana-Tolomato-Matanzas National Estuarine Research

219

Reserve and the Apalachicola National Estuarine Research Reserve

220

to conduct regional train-the-trainer classes for industry

221

professionals and corporate training staff and to coordinate and

222

support local governments, water management districts, and the

223

Institute of Food and Agricultural Sciences extension training

224

activities.

225

     (6) Trainers shall be certified in the "Florida Green

226

Industries Best Management Practices for Protection of Water

227

Resources in Florida," published by the Department of

228

Environmental Protection, and have a valid trainer certificate.

229

All trainers shall satisfactorily complete a training program to

230

conduct this course as provided below, or they shall have the

231

academic credentials and instructional experience necessary for

232

teaching the subjects. Trainer criteria shall include:

233

     (a) Demonstrated subject matter expertise, which includes

234

an appropriate level of technical knowledge, skills, or abilities

235

in the subjects they teach.

236

     (b) Demonstrated competency in delivery techniques and

237

methods appropriate to adult learning principles for the target

238

audience and the learning objectives.

239

     (c) Continued professional competency demonstrated by

240

participating in continuing education, development programs, or

241

experience related to their subject matter expertise and delivery

242

skills.

243

     (d) Periodic evaluation of instructional competence by the

244

training manager or his or her appointee.

245

     (7) The Department of Environmental Protection, in

246

consultation with the department and with the Institute of Food

247

and Agricultural Sciences, shall publish training requirements,

248

procedures, and materials.

249

     (8) A trainer certificate shall be issued by Department of

250

Environmental Protection or the Institute of Food and

251

Agricultural Sciences at the University of Florida for certified

252

trainers, effective January 1, 2008. A list of qualified trainers

253

shall be maintained and published.

254

     (9) An application for recertification under this section

255

must be made annually and be accompanied by a recertification fee

256

set by the department, in an amount of not more than $75 or less

257

than $25; however, until a rule setting this fee is adopted by

258

the department, the fee for recertification is $25. After a grace

259

period not exceeding 30 calendar days following the annual date

260

that recertification is due, a late renewal charge of $50 shall

261

be assessed and must be paid in addition to the renewal fee.

262

Unless timely recertified, a certificate automatically expires

263

180 calendar days after the anniversary recertification date.

264

Subsequent to such expiration, a certificate may be issued only

265

upon successful reexamination and upon payment of the examination

266

fees due.

267

     (10) A person certified under this section shall maintain

268

records documenting the type of fertilizer applied and the

269

amounts and location of application. Such records must be

270

maintained for at least 3 years and be available for review by

271

the department upon request.

272

     (11) The department is authorized to provide information on

273

the certification status of persons certified under this section

274

and results of inspections and investigations to local and state

275

government agencies involved in the regulation of fertilizer use

276

and management and to cooperate with these entities to more

277

efficiently regulate the use and management of fertilizer.

278

     Section 8.  This act shall take effect upon becoming a law.