1 | A bill to be entitled |
2 | An act relating to turf and landscape maintenance; |
3 | providing definitions; specifying requirements for |
4 | fertilizer content and application; requiring specified |
5 | training for turf and landscape practices; providing |
6 | requirements for the management of specified debris; |
7 | providing recommendations for the maintenance of certain |
8 | areas; providing applicability and exemptions; providing |
9 | an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Turf and landscape maintenance.-- |
14 | (1) DEFINITIONS.--As used in this section: |
15 | (a) "Applicator" means any person who applies fertilizer |
16 | on turf or landscape plants, including: |
17 | 1. A commercial applicator who applies fertilizer on turf |
18 | or landscape plants in exchange for money, goods, services, or |
19 | other valuable consideration. |
20 | 2. An institutional applicator who applies fertilizer for |
21 | the purpose of maintaining turf or landscape plants, including, |
22 | but not limited to, owners and managers of public lands, |
23 | schools, parks, religious institutions, utility companies, |
24 | industrial or business sites, and any residential properties |
25 | maintained under common ownership. |
26 | 3. A golf course applicator who applies fertilizer to golf |
27 | courses. |
28 | (b) "Best management practice" means turf and landscape |
29 | practices or any combination of practices determined, based on |
30 | research, field-testing, and expert review, to be the most |
31 | effective and practicable on-location means, including economic |
32 | and technological considerations, for improving water quality, |
33 | conserving water supplies, and protecting natural resources. |
34 | (c) "Fertilizer" means any substance or mixture of |
35 | substances that contains one or more recognized plant nutrients |
36 | and promotes plant growth, controls soil acidity or alkalinity, |
37 | provides other soil enrichment, or provides other corrective |
38 | measures to the soil, excluding pesticide-fertilizer mixtures. |
39 | (d) "Landscape plant" means any tree, shrub, or |
40 | groundcover, excluding turf. |
41 | (e) "Prohibited application period" means the time period |
42 | during which heavy rain is imminent or a 3-day cone of |
43 | uncertainty, a flood watch or warning, tropical storm watch or |
44 | warning, or hurricane watch or warning has been issued for the |
45 | area by the National Weather Service. |
46 | (f) "Turf" means a piece of grass-covered soil held |
47 | together by the roots of the grass, including lawn and sod. |
48 | (g) "Vegetative debris" means debris containing any mowed |
49 | or cut parts of any plant species, including grass clippings. |
50 | (h) "Water bodies" means any watercourse, canal, pond, |
51 | lake, river, or stream. |
52 | (i) "Wetlands" means those areas defined in s. |
53 | 373.019(25), Florida Statutes. |
54 | (2) FERTILIZER CONTENT AND APPLICATION REQUIREMENTS.-- |
55 | (a) Fertilizer containing nitrogen or phosphorus may not |
56 | be applied to turf or landscape plants during a prohibited |
57 | application period. |
58 | (b) Fertilizer applied to turf or landscape plants must be |
59 | labeled in accordance with rule of the Department of Agriculture |
60 | and Consumer Services on fertilizer label requirements for urban |
61 | turf, sports turf, or lawns. |
62 | (c) Fertilizer must be applied to turf or landscape plants |
63 | in accordance with rule of the Department of Agriculture and |
64 | Consumer Services on fertilizer label requirements for urban |
65 | turf, sports turf, or lawns and may not exceed the annual |
66 | nitrogen recommendations provided therein. |
67 | (d) A one-time application of starter fertilizer in |
68 | accordance with rule of the Department of Agriculture and |
69 | Consumer Services on fertilizer label requirements for urban |
70 | turf, sports turf, or lawns is allowed for turf and landscape |
71 | plants that are being planted or established. |
72 | (e) Nitrogen or phosphorus fertilizer may not be applied |
73 | to turf or landscape plants except as provided in this |
74 | subsection unless a soil or tissue deficiency has been verified |
75 | through testing approved by the Institute of Food and |
76 | Agricultural Sciences at the University of Florida or another |
77 | accredited laboratory. |
78 | (f) Fertilizer may not be applied, spilled, or otherwise |
79 | deposited on any impervious surface. Any fertilizer applied, |
80 | spilled, or deposited on an impervious surface shall be |
81 | immediately removed to the greatest extent practicable and |
82 | legally applied to turf, or any other legal site, or returned to |
83 | the original or other appropriate container. Fertilizer may not |
84 | be washed, swept, or blown off an impervious surface into |
85 | stormwater drains, ditches, conveyances, or water bodies. |
86 | (g) Fertilizer may not be applied within 10 feet, or 3 |
87 | feet if a deflector shield or drop spreader is used, of the top |
88 | of seawalls, water bodies, or wetlands. Newly planted turf and |
89 | landscape plants in such zones may be fertilized for 60 days |
90 | after planting. |
91 | (h) Spreader deflector shields are required when applying |
92 | fertilizer via rotary spreaders and shall be positioned so that |
93 | fertilizer granules are deflected away from all impervious |
94 | surfaces, seawalls, water bodies, and wetlands in accordance |
95 | with paragraphs (f) and (g). |
96 | (3) TURF AND LANDSCAPE PRACTICES; TRAINING.-- |
97 | (a) Commercial and institutional applicators of fertilizer |
98 | must complete the Florida Green Industries Best Management |
99 | Practices training or a recognized industry certification |
100 | program, such as the Florida Nursery, Growers and Landscape |
101 | Association's Certified Horticulture Professional program, and |
102 | implement such practices. |
103 | (b) Golf course applicators must complete the Best |
104 | Management Practices for Enhancement of Environmental Quality on |
105 | Golf Courses training and implement such practices. |
106 | (c) Homeowners and property tenants are encouraged to |
107 | attend Florida-friendly landscaping workshops through the |
108 | University of Florida and to follow the recommendations of the |
109 | Florida Yards and Neighborhoods program. |
110 | (d) Any retail facility that sells fertilizer products is |
111 | encouraged to designate at least one manager to complete the |
112 | Florida Green Industries Best Management Practices for |
113 | Protection of Water Resources in Florida training, or another |
114 | recognized industry certification program, such as the Florida |
115 | Nursery, Growers and Landscape Association's Certified |
116 | Horticulture Professional program, and to implement an internal |
117 | training program for other employees. |
118 | (4) MANAGEMENT OF VEGETATIVE DEBRIS; MAINTENANCE OF AREAS |
119 | ADJACENT TO WATER BODIES OR WETLANDS.-- |
120 | (a) Vegetative debris may not be deposited, by any means |
121 | or method, onto sidewalks or roadways or into stormwater drains, |
122 | ditches, conveyances, water bodies, or wetlands. |
123 | (b) An area of at least 6 feet wide from the top of |
124 | seawalls or adjacent to any water bodies or wetlands is strongly |
125 | recommended. A swale or berm system should be installed at the |
126 | landward edge of the area to capture and filter runoff, all |
127 | vegetative debris should be removed from the area and any water |
128 | bodies or wetlands, and over-spraying of aquatic weed products |
129 | in the area should be avoided. |
130 | (5) APPLICABILITY; EXEMPTIONS.-- |
131 | (a) This section does not impair any existing contract; |
132 | and, except as otherwise exempted by law, this section applies |
133 | to all applicators of fertilizer and all areas where fertilizer |
134 | is applied. A local government may adopt additional and more |
135 | stringent provisions if the local government can verify impaired |
136 | waters and the achievement of total maximum daily loads |
137 | allowable under state or federal law or if the local government |
138 | can provide scientific evidence that harm to human health or the |
139 | environment exists or that the prevention of such harm warrants |
140 | such fertilizer application requirements. |
141 | (b) This section does not apply to: |
142 | 1. Farm operations as defined in s. 823.14, Florida |
143 | Statutes, or other properties that have pastures used for |
144 | grazing livestock, provided that fertilizers are applied in |
145 | accordance with the appropriate best management practices |
146 | adopted by the Department of Agriculture and Consumer Services |
147 | for the crop in question; or |
148 | 2. Golf courses, provided that the latest edition of Best |
149 | Management Practices for Enhancement of Environmental Quality on |
150 | Florida Golf Courses is followed when applying fertilizer to |
151 | golf course practice and play areas. |
152 | Section 2. This act shall take effect July 1, 2009. |