HB 1515

1
A bill to be entitled
2An act relating to turf and landscape maintenance;
3providing definitions; specifying requirements for
4fertilizer content and application; requiring specified
5training for turf and landscape practices; providing
6requirements for the management of specified debris;
7providing recommendations for the maintenance of certain
8areas; providing applicability and exemptions; providing
9an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Turf and landscape maintenance.--
14     (1)  DEFINITIONS.--As used in this section:
15     (a)  "Applicator" means any person who applies fertilizer
16on turf or landscape plants, including:
17     1.  A commercial applicator who applies fertilizer on turf
18or landscape plants in exchange for money, goods, services, or
19other valuable consideration.
20     2.  An institutional applicator who applies fertilizer for
21the purpose of maintaining turf or landscape plants, including,
22but not limited to, owners and managers of public lands,
23schools, parks, religious institutions, utility companies,
24industrial or business sites, and any residential properties
25maintained under common ownership.
26     3.  A golf course applicator who applies fertilizer to golf
27courses.
28     (b)  "Best management practice" means turf and landscape
29practices or any combination of practices determined, based on
30research, field-testing, and expert review, to be the most
31effective and practicable on-location means, including economic
32and technological considerations, for improving water quality,
33conserving water supplies, and protecting natural resources.
34     (c)  "Fertilizer" means any substance or mixture of
35substances that contains one or more recognized plant nutrients
36and promotes plant growth, controls soil acidity or alkalinity,
37provides other soil enrichment, or provides other corrective
38measures to the soil, excluding pesticide-fertilizer mixtures.
39     (d)  "Landscape plant" means any tree, shrub, or
40groundcover, excluding turf.
41     (e)  "Prohibited application period" means the time period
42during which heavy rain is imminent or a 3-day cone of
43uncertainty, a flood watch or warning, tropical storm watch or
44warning, or hurricane watch or warning has been issued for the
45area by the National Weather Service.
46     (f)  "Turf" means a piece of grass-covered soil held
47together by the roots of the grass, including lawn and sod.
48     (g)  "Vegetative debris" means debris containing any mowed
49or cut parts of any plant species, including grass clippings.
50     (h)  "Water bodies" means any watercourse, canal, pond,
51lake, river, or stream.
52     (i)  "Wetlands" means those areas defined in s.
53373.019(25), Florida Statutes.
54     (2)  FERTILIZER CONTENT AND APPLICATION REQUIREMENTS.--
55     (a)  Fertilizer containing nitrogen or phosphorus may not
56be applied to turf or landscape plants during a prohibited
57application period.
58     (b)  Fertilizer applied to turf or landscape plants must be
59labeled in accordance with rule of the Department of Agriculture
60and Consumer Services on fertilizer label requirements for urban
61turf, sports turf, or lawns.
62     (c)  Fertilizer must be applied to turf or landscape plants
63in accordance with rule of the Department of Agriculture and
64Consumer Services on fertilizer label requirements for urban
65turf, sports turf, or lawns and may not exceed the annual
66nitrogen recommendations provided therein.
67     (d)  A one-time application of starter fertilizer in
68accordance with rule of the Department of Agriculture and
69Consumer Services on fertilizer label requirements for urban
70turf, sports turf, or lawns is allowed for turf and landscape
71plants that are being planted or established.
72     (e)  Nitrogen or phosphorus fertilizer may not be applied
73to turf or landscape plants except as provided in this
74subsection unless a soil or tissue deficiency has been verified
75through testing approved by the Institute of Food and
76Agricultural Sciences at the University of Florida or another
77accredited laboratory.
78     (f)  Fertilizer may not be applied, spilled, or otherwise
79deposited on any impervious surface. Any fertilizer applied,
80spilled, or deposited on an impervious surface shall be
81immediately removed to the greatest extent practicable and
82legally applied to turf, or any other legal site, or returned to
83the original or other appropriate container. Fertilizer may not
84be washed, swept, or blown off an impervious surface into
85stormwater drains, ditches, conveyances, or water bodies.
86     (g)  Fertilizer may not be applied within 10 feet, or 3
87feet if a deflector shield or drop spreader is used, of the top
88of seawalls, water bodies, or wetlands. Newly planted turf and
89landscape plants in such zones may be fertilized for 60 days
90after planting.
91     (h)  Spreader deflector shields are required when applying
92fertilizer via rotary spreaders and shall be positioned so that
93fertilizer granules are deflected away from all impervious
94surfaces, seawalls, water bodies, and wetlands in accordance
95with paragraphs (f) and (g).
96     (3)  TURF AND LANDSCAPE PRACTICES; TRAINING.--
97     (a)  Commercial and institutional applicators of fertilizer
98must complete the Florida Green Industries Best Management
99Practices training or a recognized industry certification
100program, such as the Florida Nursery, Growers and Landscape
101Association's Certified Horticulture Professional program, and
102implement such practices.
103     (b)  Golf course applicators must complete the Best
104Management Practices for Enhancement of Environmental Quality on
105Golf Courses training and implement such practices.
106     (c)  Homeowners and property tenants are encouraged to
107attend Florida-friendly landscaping workshops through the
108University of Florida and to follow the recommendations of the
109Florida Yards and Neighborhoods program.
110     (d)  Any retail facility that sells fertilizer products is
111encouraged to designate at least one manager to complete the
112Florida Green Industries Best Management Practices for
113Protection of Water Resources in Florida training, or another
114recognized industry certification program, such as the Florida
115Nursery, Growers and Landscape Association's Certified
116Horticulture Professional program, and to implement an internal
117training program for other employees.
118     (4)  MANAGEMENT OF VEGETATIVE DEBRIS; MAINTENANCE OF AREAS
119ADJACENT TO WATER BODIES OR WETLANDS.--
120     (a)  Vegetative debris may not be deposited, by any means
121or method, onto sidewalks or roadways or into stormwater drains,
122ditches, conveyances, water bodies, or wetlands.
123     (b)  An area of at least 6 feet wide from the top of
124seawalls or adjacent to any water bodies or wetlands is strongly
125recommended. A swale or berm system should be installed at the
126landward edge of the area to capture and filter runoff, all
127vegetative debris should be removed from the area and any water
128bodies or wetlands, and over-spraying of aquatic weed products
129in the area should be avoided.
130     (5)  APPLICABILITY; EXEMPTIONS.--
131     (a)  This section does not impair any existing contract;
132and, except as otherwise exempted by law, this section applies
133to all applicators of fertilizer and all areas where fertilizer
134is applied. A local government may adopt additional and more
135stringent provisions if the local government can verify impaired
136waters and the achievement of total maximum daily loads
137allowable under state or federal law or if the local government
138can provide scientific evidence that harm to human health or the
139environment exists or that the prevention of such harm warrants
140such fertilizer application requirements.
141     (b)  This section does not apply to:
142     1.  Farm operations as defined in s. 823.14, Florida
143Statutes, or other properties that have pastures used for
144grazing livestock, provided that fertilizers are applied in
145accordance with the appropriate best management practices
146adopted by the Department of Agriculture and Consumer Services
147for the crop in question; or
148     2.  Golf courses, provided that the latest edition of Best
149Management Practices for Enhancement of Environmental Quality on
150Florida Golf Courses is followed when applying fertilizer to
151golf course practice and play areas.
152     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.