Florida Senate - 2009                                    SB 1328
       
       
       
       By Senator Baker
       
       
       
       
       20-00667A-09                                          20091328__
    1                        A bill to be entitled                      
    2         An act relating to commercial fertilizer application;
    3         amending s. 482.021, F.S.; defining the terms
    4         “commercial fertilizer application” and “urban
    5         lawnscape”; amending s. 482.091, F.S.; requiring an
    6         identification card for an employee which verifies
    7         that the employee is certified to apply fertilizer
    8         commercially to urban lawnscapes; providing an
    9         exception; amending s. 482.156, F.S.; requiring the
   10         training for limited certification for commercial
   11         landscape maintenance personnel to be based on the
   12         “Florida Green Industries Best Management Practices
   13         for Protection of Water Resources in Florida,”
   14         published by the Department of Environmental
   15         Protection; providing that persons holding such a
   16         certificate are qualified to apply fertilizer
   17         commercially; creating s. 482.1562, F.S.; requiring
   18         the Department of Agriculture and Consumer Services to
   19         establish a limited certification for persons applying
   20         fertilizer commercially; providing a training program
   21         for the certificate; providing the training
   22         curriculum; providing trainer requirements; requiring
   23         the department to publish training and trainer
   24         materials; providing certification fees; providing
   25         recertification requirements and fees; authorizing the
   26         department to provide certain information to state and
   27         local agencies; specifying limitations of
   28         certification; authorizing the imposition of fines for
   29         violations; authorizing the department to adopt rules;
   30         amending s. 482.2401, F.S.; requiring the deposit of
   31         fines collected for violations into the Pest Control
   32         Trust Fund; providing for the use of such funds;
   33         providing an effective date.
   34         
   35  Be It Enacted by the Legislature of the State of Florida:
   36         
   37         Section 1. Present subsections (6) through (27) of section
   38  482.021, Florida Statutes, are renumbered as subsections (7)
   39  through (28),respectively, present subsection (28) is renumbered
   40  as subsection (30), and new subsections (6) and (29) are added
   41  to that section, to read:
   42         482.021 Definitions.—For the purposes of this chapter, and
   43  unless otherwise required by the context, the term:
   44         (6)“Commercial fertilizer application” means the
   45  application of fertilizer for payment or other consideration to
   46  property not owned by the person or firm applying the fertilizer
   47  or the employer of the applicator.
   48         (29)“Urban lawnscape” means any nonagricultural turf
   49  formed from grass or any other plant, and any shrub, bush, tree,
   50  or other plant used or intended for nonagricultural use in
   51  connection with the occupation or use of any structure. The term
   52  does not include golf courses or athletic fields.
   53         Section 2. Subsection (11) is added to section 482.091,
   54  Florida Statutes, to read:
   55         482.091 Employee identification cards.—
   56         (11)Effective January 1, 2010, every employee who applies
   57  fertilizer commercially to urban lawnscapes must hold an
   58  identification card that identifies that employee as being
   59  certified under s. 482.1562. The application for the
   60  identification card must be accompanied by a copy of the
   61  employee's training certificate. The identification cards must
   62  be applied for, issued, and used in accordance with this
   63  section. This subsection does not apply to the employee of a
   64  person who is certified in commercial landscape maintenance
   65  under s. 482.156.
   66         Section 3. Paragraph (b) of subsection (2) of section
   67  482.156, Florida Statutes, is amended, and subsection (6) is
   68  added to that section, to read:
   69         482.156 Limited certification for commercial landscape
   70  maintenance personnel.—
   71         (2)
   72         (b) To be eligible to take the examination, an applicant
   73  must have completed 6 classroom hours of plant bed and
   74  ornamental continuing education training based on the “Florida
   75  Green Industries Best Management Practices for Protection of
   76  Water Resources in Florida,” published by the Department of
   77  Environmental Protection, and approved by the department and
   78  provide sufficient proof, according to criteria established by
   79  department rule. The department shall provide the appropriate
   80  reference materials for the examination and make the examination
   81  readily accessible and available to applicants at least
   82  quarterly or as necessary in each county.
   83         (6)Persons certified under this section are not required
   84  to obtain a limited certificate under s. 482.1652 in order to be
   85  qualified to apply commercial fertilizer to urban lawnscapes
   86  compliant with the best-management practices for fertilizer
   87  application and management adopted by the department.
   88         Section 4. Section 482.1562, Florida Statutes, is created
   89  to read:
   90         482.1562Limited certification for commercial fertilizer
   91  application.The department shall establish a certification for
   92  commercial fertilizer application which certifies persons
   93  licensed under this chapter, certified operators, and employees
   94  holding identification cards as qualified to apply fertilizer to
   95  urban lawnscapes compliant with the best-management practices
   96  for fertilizer application and management adopted by the
   97  department.
   98         (1)To obtain the certificate the person must complete
   99  training program based on the “Florida Green Industries Best
  100  Management Practices for Protection of Water Resources in
  101  Florida,” published by the Department of Environmental
  102  Protection.
  103         (a)The training course shall be for a minimum of 4 contact
  104  hours in the following subjects:
  105         1.Nonpoint source pollution, including laws relating to
  106  such pollution; the effects of such pollution on water quality,
  107  business, the economy, and quality of life; and best-management
  108  practices that relate to good business practices and
  109  environmental benefits.
  110         2.Fertilizer characteristics and selection, including
  111  physical and chemical properties, soil type, pH, temperature,
  112  and moisture effects on release rates; application rates;
  113  spreader calibration; and handling and spills of materials.
  114         3.Florida turfgrass species and their characteristics,
  115  including fertilization requirements and the effects of
  116  landscape design, mowing, irrigation, shade, wear, pests,
  117  disease, and cold and heat stresses on fertilizer materials; the
  118  amounts of fertilizer to be applied and the timing of its
  119  application; and the effects of fertilization on these cultural
  120  aspects in addition to the direct effects on water quality,
  121  including nutrient pollution, erosion and sedimentation, and
  122  water usage rates.
  123         4.Irrigation systems and the effects of irrigation on
  124  volatilization, leaching, and runoff of fertilizer; the amount
  125  of water withdrawn and water quality; the effects of aboveground
  126  or underground irrigation on plants and their fertilization
  127  needs; the effects of irrigation water quality and reclaimed
  128  water from such irrigation; the diagnoses of irrigation and
  129  fertilization problems; and the importance of the proper repair
  130  of irrigation systems on maintaining water distribution
  131  uniformity and preventing spot leaching and fertilizer runoff,
  132  which results in increased fertilizer use and pollution.
  133         5.Florida landscape plants and their characteristics,
  134  including fertilization requirements and the effects of
  135  landscape design, pruning, irrigation, shade, pests, disease,
  136  and cold and heat stresses on fertilizer materials; the amounts
  137  of fertilizer to be applied and the timing of its application;
  138  and the effects of fertilization on these cultural aspects in
  139  addition to direct effects on water quality.
  140         6.Pesticide licensing law, including provisions relating
  141  to fertilizer-pesticide mixtures, integrated pest management,
  142  environmental effects and safety, the effects of fertilizer
  143  application on pesticide use, the effects of pesticides on
  144  fertilization requirements, and the prohibition on pesticide
  145  application by persons certified under s. 482.1562.
  146         (b)Persons completing the course shall be issued a
  147  training certificate to provide proof of successful course
  148  completion.
  149         (2)Persons providing the training described in subsection
  150  (1) must:
  151         (a)Be certified in the “Florida Green Industries Best
  152  Management Practices for Protection of Water Resources in
  153  Florida,” published by the department.
  154         (b)Satisfactorily complete a training program sufficient
  155  to conduct the course, or have the academic credentials and
  156  instructional experience necessary for teaching relevant
  157  subjects. To meet this requirement, a person must:
  158         1.Demonstrate expertise in the subject matter, including
  159  an appropriate level of technical knowledge, skills, or
  160  abilities in the subjects to be taught;
  161         2.Demonstrate competency in teaching methods appropriate
  162  to adult learning for the intended audience and the learning
  163  objectives, including the ability to effectively present and
  164  communicate the subject matter;
  165         3.Demonstrate continued professional competency, as
  166  evidenced by participation in relevant continuing education
  167  courses or development programs, or experience related to the
  168  subject matter to be taught; and
  169         4.Be periodically evaluated for instructional competence
  170  by the training manager or his or her designee.
  171         (c)Have a valid trainer certificate issued by the
  172  department.
  173         (3)The department shall publish training and trainer
  174  requirements, procedures, and materials.
  175         (4)A person seeking certification under this section must
  176  apply to the department and submit:
  177         (a)A copy of the training certificate issued under
  178  paragraph (1)(b) as proof of course completion; and
  179         (b)A registration fee of $50 to $150 as set by the
  180  department by rule. Until such rule is adopted, the amount of
  181  the registration fee is $50.
  182         (5)An application for recertification under this section
  183  must be made annually and be accompanied by a recertification
  184  fee of $25 to $75 as set by the department by rule. Until such
  185  rule is adopted, the amount of the recertification fee is $25.
  186         (a)After a grace period of 30 calendar days following the
  187  annual date that recertification is due, a late renewal charge
  188  of $50 shall be assessed and must be paid in addition to the
  189  renewal fee.
  190         (b)Unless timely recertified, a certificate automatically
  191  expires 180 calendar days after the recertification anniversary
  192  date. After such expiration, a certificate may be issued only
  193  upon presentation of the training certificate and payment of any
  194  certification fees due.
  195         (6)The department may provide information concerning the
  196  certification status of persons certified under this section and
  197  the results of inspections and investigations to local and state
  198  government agencies involved in the regulation of fertilizer use
  199  and management and may cooperate with these entities to more
  200  efficiently regulate the use and management of fertilizer.
  201         (7)Certification under this section does not authorize:
  202         (a)The application of pesticides to turf or ornamentals,
  203  including pesticide-fertilizer mixtures;
  204         (b)The operation of a pest control business; or
  205         (c)The application of pesticides by unlicensed or
  206  uncertified personnel under the supervision of a certified
  207  person.
  208         (8)The department may impose administrative fines, which
  209  may not exceed $1,000, for violations of this section.
  210         (9)The department may adopt rules to administer this
  211  section.
  212         Section 5. Section 482.2401, Florida Statutes, is amended
  213  to read:
  214         482.2401 Disposition and use of revenues from fees and
  215  fines.—
  216         (1) All moneys collected or received by the department
  217  under this chapter shall be deposited in the Pest Control Trust
  218  Fund and, except as provided in subsections subsection (3) and
  219  (4), shall be used by the department in carrying out the
  220  provisions of this chapter and in the education of the pest
  221  control industry.
  222         (2) All expenditures authorized by this chapter shall be
  223  paid upon presentation of vouchers approved by the department.
  224         (3)All fines collected or received for failure to comply
  225  with s. 482.1562 shall be used by the department for education
  226  regarding urban lawnscape fertilizer best-management practices.
  227         (4)(3) All revenues from administrative fines shall be used
  228  to support contract research or education in pest control. The
  229  department shall appoint a committee composed of pest control
  230  industry members which shall assist the department in
  231  establishing research or education priorities, in developing
  232  requests for proposals for bids, and in selecting research or
  233  education contractors from qualified bidders.
  234         Section 6. This act shall take effect July 1, 2009.