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A bill to be entitled

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An act relating to protecting urban and residential

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environments and water; creating s. 403.9335, F.S.;

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providing a short title; creating s. 403.9336, F.S.;

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providing legislative findings; creating s. 403.9337,

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F.S.; requiring that the Department of Environmental

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Protection adopt the "Florida Friendly Fertilizer Use on

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Urban Landscapes Model Ordinance" on or before a specified

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date; requiring that the department, in consultation with

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certain entities, review the model ordinance and adopt

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changes as necessary within specified periods; authorizing

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a county or municipal government meeting certain criteria

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to adopt provisions in addition to or more stringent than

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those contained in the model ordinance; authorizing any

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county or municipal government to adopt provisions in

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addition to or more stringent than those contained in the

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model ordinance under certain conditions; authorizing such

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counties to consult with certain entities when

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establishing such provisions; exempting certain counties

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or municipal governments from the requirement to adopt the

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model ordinance; creating s. 403.9338, F.S.; requiring

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that the minimum training program for limited

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certification for commercial fertilizer application issued

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by the Department of Agriculture and Consumer Services be

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designed, approved, and made available by the Department

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of Environmental Protection and the Institute of Food and

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Agricultural Sciences; providing training requirements;

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requiring the Department of Environmental Protection to

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contract with the Institute of Food and Agricultural

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Sciences for the purpose of leading the training effort;

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providing for colocation of programs; requiring that the

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Department of Environmental Protection provide training

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coordinators for the program; providing for certain

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regional classes; requiring certification of trainers;

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providing criteria for persons seeking to qualify as

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trainers; requiring the publication of certain training

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information; requiring the issuance of the trainer

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certificate on or before a specified date; requiring the

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maintenance and publication of a list of qualified

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trainers; amending s. 482.021, F.S.; providing

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definitions; amending s. 482.091, F.S.; requiring the

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issuance of identification cards containing certain

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information for persons who apply fertilizer commercially

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to urban lawnscape; requiring that such identification

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cards be obtained and used in certain ways; providing an

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exception; amending s. 482.156, F.S.; deleting a

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requirement for proof of certain training requirements

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established by the Department of Agriculture and Consumer

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Services; providing certain exceptions for persons holding

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the limited certificate for commercial landscape

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maintenance; requiring such persons to receive specified

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training on or before a specified date; creating s.

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482.1561, F.S.; providing for the regulation of the

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application of commercial fertilizer on urban lawnscape

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and urban turf; requiring the certification of such

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applicators by the department; requiring certain

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applicators to be under the direct supervision of certain

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certified persons; requiring that the application of such

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fertilizer be in compliance with best-management practices

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adopted by the Department of Agriculture and Consumer

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Services and the Department of Environmental Protection;

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creating s. 482.1562, F.S.; establishing a limited

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certification category for commercial fertilizer

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application under the Department of Agriculture and

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Consumer Services; requiring the completion of a minimum

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training program before application for certification;

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providing application fees; providing recertification

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requirements and fees; authorizing the department to

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provide certain information to certain agencies;

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specifying limitations of certification; creating s.

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482.1563, F.S.; authorizing the department to adopt rules;

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amending s. 482.2401, F.S.; requiring the deposit of

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moneys collected pursuant to certain fines into the Pest

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Control Trust Fund; providing for the use of such funds;

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providing an effective date.

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

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     Section 1.  Section 403.9335, Florida Statutes, is created

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to read:

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     403.9335 Short title.--Sections 403.9335-403.9338 may be

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cited as the "Protection of Urban and Residential Environments

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and Water Act."

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     Section 2.  Section 403.9336, Florida Statutes, is created

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to read:

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     403.9336 Legislative findings.--The Legislature finds that

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the model fertilizer use ordinance contained in the Florida

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Consumer Fertilizer Task Force Final Report to the 2008 Florida

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

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incorporation of rule 5E-1.003, Florida Administrative Code,

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entitled "Labeling Requirements For Urban Turf Fertilizers," will

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serve to improve the quality of water in this state's water

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bodies.

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     Section 3.  Section 403.9337, Florida Statutes, is created

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to read:

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     403.9337 Adoption of the Florida Friendly Fertilizer Use on

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Urban Landscapes Model Ordinance.--

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     (1) The Department of Environmental Protection is directed

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to adopt by Secretarial Order on or before October 1, 2008, and

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without change, the "Florida Friendly Fertilizer Use on Urban

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Landscapes Model Ordinance" contained in the Florida Consumer

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Fertilizer Task Force Final Report to the 2008 Florida

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Legislature, issued January 15, 2008.

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     (2) At least every 3 years, or as additional research or

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other scientific information becomes available, the department,

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in consultation with the Department of Agriculture and Consumer

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Services, the University of Florida Institute of Food and

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Agricultural Sciences, local governments, and other interested

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parties, shall review the model ordinance and adopt changes as

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necessary.

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

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implemented the department-adopted model ordinance, and has

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collected data demonstrating that the model ordinance is

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insufficiently protective of the impaired or potentially impaired

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water body or watershed, may adopt provisions in addition to or

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more stringent than those contained in the model ordinance if

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such entity demonstrates that it meets the following criteria:

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     (a) There is within the county's border all or part of a

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water body, or all or part of a watershed that drains to all or

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part of a water body, which has been verified as being impaired

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or assessed as being potentially impaired for a nutrient or

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nutrients under state or federal law; and

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     (b) The county or municipal government has demonstrated, as

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part of a comprehensive program to address nonpoint sources of

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nutrient pollution based on sound scientific principles, that

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additional or more stringent provisions to the model ordinances

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are necessary to adequately address urban fertilizer

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contributions to nonpoint source nutrient loading to a water body

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identified in paragraph (a).

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     (4) Any county or municipal government may adopt provisions

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in addition to or more stringent than those contained in the

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model ordinance if:

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     (a) The county or municipal government is a party to a

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basin-management action plan adopted pursuant to s. 403.067

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requiring provisions in addition to or more stringent than those

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contained in the model ordinance; or

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     (b) The county or municipal government has an approved

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permit for a municipal separate storm sewer system requiring

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provisions in addition to or more stringent than those contained

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in the model ordinance.

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     (5) Any county or municipal government electing to

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establish provisions in addition to or more stringent than those

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contained in the model ordinance shall consult with the

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department, the Department of Agriculture and Consumer Services,

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and the University of Florida Institute of Food and Agricultural

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Sciences when establishing such provisions. Input received from

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the consulting agencies shall become part of the public record of

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decision in the adoption of any such provisions.

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

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own fertilizer use ordinance before January 15, 2008, is exempt

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from any requirement to adopt the model ordinance and shall

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follow the process in subsections (3), (4), and (5) when adopting

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any provisions in addition to or more stringent than those

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contained in the model ordinance.

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     Section 4.  Section 403.9338, Florida Statutes, is created

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to read:

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     403.9338 Minimum training program for limited certification

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for commercial fertilizer application.--

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     (1) The minimum training program for the certificate issued

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by the Department of Agriculture and Consumer Services pursuant

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to s. 482.1562 shall consist of a course designed, approved, and

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made available by the Department of Environmental Protection and

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the Institute of Food and Agricultural Sciences at the University

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

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Industries Best Management Practices for Protection of Water

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Resources in Florida," published by the Department of

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Environmental Protection, and shall require a minimum of 6

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contact hours of training in the following subjects:

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     (a) Nonpoint source pollution, including laws relating to

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such pollution, the effects of such pollution on water quality,

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business, the economy, and quality of life, and best-management

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practices as such practices relate to good business and

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environmental benefits.

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     (b) Fertilizer characteristics and selection, including

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

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moisture effects on release rates, application rates, spreader

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calibration, and handling and spills of materials.

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     (c) Florida turfgrass species and their characteristics,

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including fertilization requirements and the effects of landscape

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design, mowing, irrigation, shade, wear, pests, disease, cold and

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heat stresses on fertilizer materials, the amounts of fertilizer

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to be applied, and the timing of its application and the effects

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of such fertilization on these cultural aspects in addition to

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the direct effects on water quality, including nutrient

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pollution, erosion and sedimentation, and water usage rates.

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     (d) Irrigation systems and the effects of irrigation on

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volatilization, leaching, and runoff of fertilizer, the amount of

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water withdrawn and water quality, the effects of aboveground or

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underground irrigation on plants and their fertilization needs,

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the effects of irrigation water quality and reclaimed water from

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such irrigation, diagnoses of irrigation and fertilization

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problems, and the importance of proper repair to maintain

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distribution uniformity to prevent spot leaching and runoff of

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fertilizers resulting in increased fertilizer use and pollution.

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     (e) Florida landscape plants and their characteristics,

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including fertilization requirements and the effects of landscape

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design, pruning, irrigation, shade, pests, disease, cold and heat

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stresses on fertilizer materials, the amounts of fertilizer to be

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applied, and the timing of its application and the effects of

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fertilization on these cultural aspects in addition to direct

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effects on water quality.

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     (f) Pesticide licensing law, including provisions relating

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to fertilizer-pesticide mixtures, integrated pest management,

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environmental effects and safety, the effects of fertilizer

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application on pesticide use, the effects of pesticides on

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fertilization requirements, and the prohibition on pesticide

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application by persons certified under s. 482.1562.

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     (2) The Department of Environmental Protection shall

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contract with the University of Florida Institute of Food and

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Agricultural Sciences Extension to lead a training effort that

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primarily focuses on state-level operations and county-level

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training. The Florida Green Industries Best Management Practices

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for Protection of Water Resources in Florida training program

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shall be colocated with the Florida Yards and Neighborhoods

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Program under the Institute of Food and Agricultural Sciences'

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Department of Environmental Horticulture's Florida Friendly

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Program and the Center for Landscape Conservation and Ecology.

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     (3) The Department of Environmental Protection shall

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provide program training coordinators through the NOAA coastal

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training programs at the Rookery Bay National Estuarine Research

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Reserve, the Guana-Tolomato-Matanzas National Estuarine Research

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Reserve, and the Apalachicola National Estuarine Research Reserve

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for the purpose of conducting regional train-the-trainer classes

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for industry professionals and corporate training staff and

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coordinating and supporting local governments, water management

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districts, and the Institute of Food and Agricultural Sciences

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extension training activities.

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

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Industries Best Management Practices for Protection of Water

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Resources in Florida," published by the Department of

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Environmental Protection, and have a valid trainer certificate.

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All trainers must satisfactorily complete a training program to

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conduct courses as described in this section or have the academic

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credentials and instructional experience necessary for teaching

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relevant subjects. To qualify as a trainer, a person must satisfy

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the following criteria:

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     (a) Demonstrated expertise in the subject matter, including

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an appropriate level of technical knowledge, skills, or abilities

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in the subjects to be taught.

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     (b) Demonstrated competency in delivery techniques and

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methods appropriate to adult learning principles for the target

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audience and the learning objectives, including the ability to

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effectively present and communicate the subject matter.

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     (c) Continued professional competency, as demonstrated by

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participation in continuing education curriculum or development

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programs, or experience related to the subject matter to be

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taught.

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     (d) Periodic evaluation of instructional competence by the

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training manager or his or her appointee.

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     (5) The Department of Environmental Protection, in

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consultation with the Department of Agriculture and Consumer

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Services and the Institute of Food and Agricultural Sciences,

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shall publish training requirements, procedures, and materials.

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     (6) Effective January 1, 2009, a certificate for certified

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trainers shall be issued by the Department of Environmental

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Protection or the Institute of Food and Agricultural Sciences at

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the University of Florida. The department shall maintain and

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publish a list of qualified trainers.

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     Section 5.  Present subsections (6) through (27) of section

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482.021, Florida Statutes, are renumbered as subsections (7)

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through (28), respectively, present subsection (28) is renumbered

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as subsection (30), and new subsections (6) and (29) are added to

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that section, to read:

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

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unless otherwise required by the context, the term:

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     (6) "Commercial fertilizer application" means application

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of fertilizer for payment or other consideration to property not

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

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of the applicator.

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     (29) "Urban lawnscape" means any nonagricultural turf

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formed from grass or any other plant, and any shrub, bush, tree,

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or other plant used or intended for nonagricultural use in

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connection with the occupation or use of any structure. The term

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does not include golf courses or athletic fields.

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     Section 6.  Subsection (11) is added to section 482.091,

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Florida Statutes, to read:

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     482.091  Employee identification cards.--

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     (11) Effective December 31, 2008, for every employee who

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applies fertilizer commercially to urban lawnscape pursuant to s.

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482.1562, the licensee or certified operator in charge must apply

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for an identification card identifying that employee as having

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received the training certificate specified in s. 403.9338. The

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application for the identification card must be accompanied by

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the training certificate. The identification cards for such

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employees must be applied for, and shall be issued and used, in

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accordance with this section. This subsection does not apply to a

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certified operator who is certified in the category of lawn and

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commercial pest control.

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     Section 7.  Paragraph (b) of subsection (2) of section

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482.156, Florida Statutes, is amended, and subsection (6) is

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added to that section, to read:

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     482.156  Limited certification for commercial landscape

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maintenance personnel.--

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     (2)

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

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must have completed 6 classroom hours of plant bed and ornamental

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continuing education training approved by the department and

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provide sufficient proof, according to criteria established by

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department rule. The department shall provide the appropriate

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reference materials for the examination and make the examination

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readily accessible and available to applicants at least quarterly

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or as necessary in each county.

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     (6) Persons certified under this section are not required

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to obtain the limited certificate for commercial fertilizer

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application in order to be designated as certified for the

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purposes of implementing fertilizer best-management practices as

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adopted by the department if on or before December 31, 2008, such

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persons obtain the training certificate specified in s.

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482.1562(2)(a) before the issuance or renewal of the limited

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certificate for commercial landscape maintenance.

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     Section 8.  Section 482.1561, Florida Statutes, is created

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to read:

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     482.1561 Regulation of commercial fertilizer application.--

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     (1) Effective December 31, 2008, any person who applies

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fertilizer commercially to urban lawnscape, as defined in this

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chapter, or urban turf, as defined by department rule issued

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under chapter 576, must:

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     (a) Hold a limited certificate for commercial fertilizer

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application, as issued under s. 482.1562;

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     (b) Hold a limited certificate for commercial landscape

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maintenance, as issued under s. 482.156; or

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     (c) Be under the direct supervision of a certified operator

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in lawn and ornamental pest control, as issued under s. 482.111,

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who is in compliance with s. 482.091(11).

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     (2) Application of fertilizer to urban lawnscapes by a

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certified fertilizer applicator shall be in accordance with best-

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management practices for fertilizer application as adopted by the

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department and the Department of Environmental Protection.

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     Section 9.  Section 482.1562, Florida Statutes, is created

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to read:

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     482.1562 Limited certification for commercial fertilizer

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application.--

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     (1) The department shall establish a limited certification

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category for commercial fertilizer application to certify persons

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as qualified to apply fertilizer to urban turf in compliance with

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best-management practices for fertilizer application and

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management as adopted by the department and the Department of

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Environmental Protection.

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

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

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training certificate received from the Department of

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Environmental Protection or the Institute of Food and

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Agricultural Sciences at the University of Florida as proof of

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completion of the minimum training program set forth in s.

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403.9338.

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     (b) Each application must be accompanied by a registration

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fee set by the department, in an amount less than or equal to

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$150 but greater than or equal to $50. However, until a rule

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setting this fee is adopted by the department, the amount of such

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fee is $50.

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     (3) An application for recertification under this section

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must be made annually and be accompanied by a recertification fee

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set by the department, in an amount less than or equal to $75 or

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greater than or equal to $25. However, until a rule setting this

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fee is adopted by the department, the amount of the

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recertification fee is $25. After a grace period not exceeding 30

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calendar days following the annual date that recertification is

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due, a late renewal charge of $50 shall be assessed and must be

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paid in addition to the renewal fee. Unless timely recertified, a

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certificate automatically expires 180 calendar days after the

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recertification anniversary date. After such expiration, a

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certificate may be issued only upon presentation of the training

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certificate and upon payment of any certification fees due.

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     (4) The department may provide information concerning the

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certification status of persons certified under this section and

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results of inspections and investigations to local and state

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government agencies involved in the regulation of fertilizer use

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and management and may cooperate with these entities to more

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efficiently regulate the use and management of fertilizer.

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     (5) Certification under this section does not authorize:

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     (a) Application of pesticides to turf or ornamentals,

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including pesticide-fertilizer mixtures;

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     (b) Operation of a pest control business; or

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     (c) Application of pesticides by unlicensed or uncertified

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personnel under the supervision of a certified person.

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     Section 10.  Section 482.1563, Florida Statutes, is created

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to read:

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     482.1563 Rules.--The department may adopt rules pursuant to

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ss. 120.536(1) and 120.54 to administer ss. 482.1561 and

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482.1562.

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     Section 11.  Subsection (1) of section 482.2401, Florida

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Statutes, is amended, present subsection (3) is amended and

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renumbered as subsection (4), and a new subsection (3) is added

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to that section, to read:

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     482.2401  Disposition and use of revenues from fees and

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fines.--

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     (1)  All moneys collected or received by the department

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under this chapter shall be deposited in the Pest Control Trust

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Fund and, except as provided in subsections subsection (3) and

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(4), shall be used by the department in carrying out the

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provisions of this chapter and in the education of the pest

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control industry.

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     (3) All fines collected or received for failure to comply

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with ss. 482.1561 and 482.1562 shall be deposited into the Pest

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Control Trust Fund and shall be used by the department for

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education regarding urban lawnscape fertilizer best-management

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practices.

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     (4)(3) All other revenues from administrative fines shall

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be used to support contract research or education in pest

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control. The department shall appoint a committee composed of

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pest control industry members which shall assist the department

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in establishing research or education priorities, in developing

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requests for proposals for bids, and in selecting research or

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education contractors from qualified bidders.

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     Section 12.  This act shall take effect upon becoming a law.