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.; encouraging county and municipal governments to |
7 | adopt and enforce the Model Ordinance for Florida-Friendly |
8 | Fertilizer Use on Urban Landscapes of the Department of |
9 | Environmental Protection or an equivalent requirement as a |
10 | mechanism for protecting local surface water and |
11 | groundwater quality; requiring a county or municipal |
12 | government located within the watershed of an impaired |
13 | water body or water segment to adopt the model ordinance; |
14 | providing that additional or more stringent provisions may |
15 | be adopted under certain conditions; providing an |
16 | exemption for certain fertilizer use ordinances; requiring |
17 | certain fertilizer use ordinances to be amended; providing |
18 | construction; creating s. 403.9338, F.S.; providing |
19 | definitions for the terms "agriculture," "urban |
20 | landscape," and "urban landscape commercial fertilizer |
21 | applicator"; requiring that a commercial fertilizer |
22 | applicator obtain training and certification from the |
23 | Green Industry Best Management Practices or equivalent |
24 | program; requiring the Department of Environmental |
25 | Protection, in consultation with the Department of |
26 | Agriculture and Consumer Services and the Institute of |
27 | Food and Agricultural Sciences at the University of |
28 | Florida, to review and approve training programs and |
29 | testing materials; authorizing local governments and |
30 | private entities to provide training programs; providing |
31 | that certified urban landscape commercial fertilizer |
32 | applicators are qualified for specified activities, exempt |
33 | from additional testing requirements, and eligible to |
34 | apply for certain limited certification; amending s. |
35 | 482.021, F.S.; providing a definition for the term "urban |
36 | landscape commercial fertilizer application"; creating s. |
37 | 482.1562, F.S.; requiring the Department of Agriculture |
38 | and Consumer Services to establish a limited certification |
39 | category for urban landscape commercial fertilizer |
40 | application; providing requirements for certification and |
41 | recertification; providing application and renewal fees; |
42 | providing limitation of such certification; authorizing |
43 | the department to provide specified information to state |
44 | and local governmental agencies; encouraging the |
45 | department to create an online database; providing |
46 | penalties for violations relating to urban landscape |
47 | commercial fertilizer application; providing an effective |
48 | date. |
49 |
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50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
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52 | Section 1. Section 403.9335, Florida Statutes, is created |
53 | to read: |
54 | 403.9335 Short title.--Sections 403.9335-403.9338 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 | implementation of the Department of Environmental Protection's |
61 | model ordinance for Florida-friendly fertilizer use on urban |
62 | landscapes in the Florida-Friendly Landscape Guidance Models for |
63 | Ordinances, Covenants, and Restrictions (2009) manual, which was |
64 | developed consistent with the recommendations of the Florida |
65 | Consumer Fertilizer Task Force and in agreement with the |
66 | provisions of the labeling requirements for urban turf |
67 | fertilizers in chapter 5E-1, Florida Administrative Code, will |
68 | assist in protecting the quality of the state's surface water |
69 | and groundwater resources. The Legislature further finds that |
70 | local circumstances, including the varying types and conditions |
71 | of water bodies, site-specific soils and geology, and urban or |
72 | rural densities and characteristics, necessitate that additional |
73 | or more stringent fertilizer-management practices may be needed |
74 | at the local government level. |
75 | Section 3. Section 403.9337, Florida Statutes, is created |
76 | to read: |
77 | 403.9337 Adoption of the model ordinance for Florida- |
78 | friendly fertilizer use on urban landscapes.-- |
79 | (1) All county and municipal governments are encouraged to |
80 | adopt and enforce the Department of Environmental Protection's |
81 | model ordinance for Florida-friendly fertilizer use on urban |
82 | landscapes as a mechanism for protecting local surface water and |
83 | groundwater quality. |
84 | (2) Each county and municipal government located within |
85 | the watershed of a water body or water segment that is listed by |
86 | the department as impaired by nutrients pursuant to s. 403.067 |
87 | shall adopt the provisions of the department's model ordinance |
88 | for Florida-friendly fertilizer use on urban landscapes. A |
89 | county or municipal government may adopt additional or more |
90 | stringent provisions than the model ordinance if the following |
91 | criteria are met: |
92 | (a) The county or municipal government demonstrates, as |
93 | part of a comprehensive program to address nonpoint sources of |
94 | nutrient pollution that is science-based and economically and |
95 | technically feasible, that additional or more stringent |
96 | provisions are necessary to adequately address urban fertilizer |
97 | contributions to nonpoint source nutrient loading to a water |
98 | body. |
99 | (b) The county or municipal government documents |
100 | consideration of all relevant scientific information, including |
101 | input from the Department of Environmental Protection, the |
102 | Department of Agriculture and Consumer Services, and the |
103 | Institute of Food and Agricultural Sciences at the University of |
104 | Florida, if provided, on the need for additional or more |
105 | stringent provisions to address fertilizer use as a contributor |
106 | to water quality degradation. All documentation shall be made |
107 | part of the public record prior to adoption of additional or |
108 | more stringent criteria. |
109 | (3) Any county or municipal government that adopted its |
110 | own fertilizer use ordinance before January 1, 2009, is exempt |
111 | from the provisions of this section. A county or municipal |
112 | government that adopted or amended fertilizer use ordinances on |
113 | or after January 1, 2009, shall adopt the provisions in the most |
114 | recent version of the model fertilizer ordinance and shall be |
115 | subject to the provisions of subsections (1) and (2). |
116 | (4) This section does not regulate the use of fertilizer |
117 | on farm operations as defined in s. 823.14 or on lands |
118 | classified as agricultural lands pursuant to s. 193.461. |
119 | Section 4. Section 403.9338, Florida Statutes, is created |
120 | to read: |
121 | 403.9338 Urban landscape commercial fertilizer applicator |
122 | certification.-- |
123 | (1) As used in this section, the term: |
124 | (a) "Agriculture" has the same meaning as in s. 570.02. |
125 | (b) "Urban landscape" means pervious nonagricultural areas |
126 | on residential, commercial, industrial, institutional, highway |
127 | right-of-way, or other urban lands that are planted with turf or |
128 | horticultural plants. |
129 | (c) "Urban landscape commercial fertilizer applicator" |
130 | means a person who applies fertilizer for payment or other |
131 | consideration to property with urban landscaping that is not |
132 | owned by the applicator. |
133 | (2) No later than January 1, 2014, an urban landscape |
134 | commercial fertilizer applicator must obtain a certificate |
135 | demonstrating satisfactory completion of the Green Industry Best |
136 | Management Practices training program or an equivalent program |
137 | that is cooperatively implemented by the Department of |
138 | Environmental Protection and the Institute of Food and |
139 | Agricultural Sciences at the University of Florida. |
140 | (3) The Department of Environmental Protection, in |
141 | consultation with the Department of Agriculture and Consumer |
142 | Services and the Institute of Food and Agricultural Sciences at |
143 | the University of Florida, shall approve training programs and |
144 | testing materials that are equivalent to or more comprehensive |
145 | than the Green Industry Best Management Practices training |
146 | program. Training and testing programs of county or municipal |
147 | governments or private entities shall be eligible to provide |
148 | equivalent training. Such programs shall be subject to review |
149 | and approval when significant changes are made to the programs. |
150 | Existing approved training programs and testing materials must |
151 | be reapproved by July 1, 2010. |
152 | (4) After receiving a certificate demonstrating successful |
153 | completion of a program pursuant to subsection (2), an urban |
154 | landscape commercial fertilizer applicator may apply to the |
155 | Department of Agriculture and Consumer Services to receive a |
156 | limited certification for urban landscape commercial fertilizer |
157 | application pursuant to s. 482.1562. |
158 | (5) Certification under this section qualifies urban |
159 | landscape commercial fertilizer applicators to apply fertilizer |
160 | to urban landscapes throughout the state. Urban landscape |
161 | commercial fertilizer applicators possessing a limited |
162 | certification for urban commercial fertilizer application are |
163 | not subject to additional testing by county or municipal |
164 | governments. |
165 | Section 5. Present subsection (28) of section 482.021, |
166 | Florida Statutes, is renumbered as subsection (29), and a new |
167 | subsection (28) is added to that section to read: |
168 | 482.021 Definitions.--For the purposes of this chapter, |
169 | and unless otherwise required by the context, the term: |
170 | (28) "Urban landscape commercial fertilizer application" |
171 | means an application of fertilizer by an urban landscape |
172 | fertilizer applicator to an urban landscape as defined in s. |
173 | 403.9338(1). Urban landscape does not include agricultural |
174 | areas as defined in s. 482.021(1). |
175 | Section 6. Section 482.1562, Florida Statutes, is created |
176 | to read: |
177 | 482.1562 Limited certification for urban landscape |
178 | commercial fertilizer application.-- |
179 | (1) The department shall establish a limited certification |
180 | category for urban landscape commercial fertilizer application |
181 | as defined in s. 482.021(28) and may adopt rules to implement |
182 | the provisions of this section. |
183 | (2) A person seeking limited certification under this |
184 | section must provide the urban landscape commercial fertilizer |
185 | applicator training certificate issued pursuant to s. 403.9338. |
186 | (3) An application for certification under this section |
187 | must be accompanied by a fee set by rule of the department, in |
188 | an amount of not more than $75 or less than $25. Until such fee |
189 | is established, the application fee for certification shall be |
190 | $25. Unless timely recertified, a certificate issued under this |
191 | section automatically expires 1 year after the date of issuance. |
192 | (4) An application for recertification under this section |
193 | must be made at least 90 calendar days prior to the expiration |
194 | date and be accompanied by a recertification fee set by rule of |
195 | the department, in an amount of not more than $75 or less than |
196 | $25. Until such fee is established, the application fee for |
197 | recertification shall be $25. The application must also be |
198 | accompanied by proof of having completed 4 classroom hours of |
199 | acceptable continuing education, at least 2 hours of which shall |
200 | be related to fertilizer best management practices. After a |
201 | grace period not exceeding 30 calendar days after the date that |
202 | recertification is due, a late renewal charge of $50 per month |
203 | shall be assessed and must be paid in addition to the renewal |
204 | fee. Unless timely recertified, a certificate automatically |
205 | expires 90 calendar days after the anniversary recertification |
206 | date. Subsequent to such expiration, a certificate may be issued |
207 | only upon meeting the requirements of subsection (2). |
208 | (5) Certification under this section does not authorize: |
209 | (a) Application of pesticides to turf or ornamental |
210 | plants, including pesticide fertilizer mixtures; |
211 | (b) Operation of a pest control business; or |
212 | (c) The application of pesticides or fertilizers by |
213 | unlicensed or uncertified personnel under the supervision of the |
214 | certified person. |
215 | (6)(a) The department is authorized to provide information |
216 | on the certification status of persons certified under this |
217 | section to other local and state governmental agencies. |
218 | (b) The department is encouraged to create and maintain a |
219 | list of all certified urban landscape fertilizer applicators in |
220 | an electronic database accessible by the public via the |
221 | Internet. |
222 | (7) It is unlawful to apply fertilizer to urban landscape |
223 | except as provided in this chapter. A person who violates any |
224 | provision of this chapter or any rules adopted pursuant to this |
225 | chapter commits a misdemeanor of the second degree, punishable |
226 | as provided in s. 775.082 or s. 775.083. |
227 | Section 7. This act shall take effect July 1, 2009. |