CS/HB 1515

1
A bill to be entitled
2An act relating to protecting urban and residential
3environments and water; creating s. 403.9335, F.S.;
4providing a short title; creating s. 403.9336, F.S.;
5providing legislative findings; creating s. 403.9337,
6F.S.; encouraging county and municipal governments to
7adopt and enforce the Model Ordinance for Florida-Friendly
8Fertilizer Use on Urban Landscapes of the Department of
9Environmental Protection or an equivalent requirement as a
10mechanism for protecting local surface water and
11groundwater quality; requiring a county or municipal
12government located within the watershed of an impaired
13water body or water segment to adopt the model ordinance;
14providing that additional or more stringent provisions may
15be adopted under certain conditions; providing an
16exemption for certain fertilizer use ordinances; requiring
17certain fertilizer use ordinances to be amended; providing
18construction; creating s. 403.9338, F.S.; providing
19definitions for the terms "agriculture," "urban
20landscape," and "urban landscape commercial fertilizer
21applicator"; requiring that a commercial fertilizer
22applicator obtain training and certification from the
23Green Industry Best Management Practices or equivalent
24program; requiring the Department of Environmental
25Protection, in consultation with the Department of
26Agriculture and Consumer Services and the Institute of
27Food and Agricultural Sciences at the University of
28Florida, to review and approve training programs and
29testing materials; authorizing local governments and
30private entities to provide training programs; providing
31that certified urban landscape commercial fertilizer
32applicators are qualified for specified activities, exempt
33from additional testing requirements, and eligible to
34apply for certain limited certification; amending s.
35482.021, F.S.; providing a definition for the term "urban
36landscape commercial fertilizer application"; creating s.
37482.1562, F.S.; requiring the Department of Agriculture
38and Consumer Services to establish a limited certification
39category for urban landscape commercial fertilizer
40application; providing requirements for certification and
41recertification; providing application and renewal fees;
42providing limitation of such certification; authorizing
43the department to provide specified information to state
44and local governmental agencies; encouraging the
45department to create an online database; providing
46penalties for violations relating to urban landscape
47commercial fertilizer application; providing an effective
48date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 403.9335, Florida Statutes, is created
53to read:
54     403.9335  Short title.--Sections 403.9335-403.9338 may be
55cited as the "Protection of Urban and Residential Environments
56and Water Act."
57     Section 2.  Section 403.9336, Florida Statutes, is created
58to read:
59     403.9336  Legislative findings.--The Legislature finds that
60implementation of the Department of Environmental Protection's
61model ordinance for Florida-friendly fertilizer use on urban
62landscapes in the Florida-Friendly Landscape Guidance Models for
63Ordinances, Covenants, and Restrictions (2009) manual, which was
64developed consistent with the recommendations of the Florida
65Consumer Fertilizer Task Force and in agreement with the
66provisions of the labeling requirements for urban turf
67fertilizers in chapter 5E-1, Florida Administrative Code, will
68assist in protecting the quality of the state's surface water
69and groundwater resources. The Legislature further finds that
70local circumstances, including the varying types and conditions
71of water bodies, site-specific soils and geology, and urban or
72rural densities and characteristics, necessitate that additional
73or more stringent fertilizer-management practices may be needed
74at the local government level.
75     Section 3.  Section 403.9337, Florida Statutes, is created
76to read:
77     403.9337  Adoption of the model ordinance for Florida-
78friendly fertilizer use on urban landscapes.--
79     (1)  All county and municipal governments are encouraged to
80adopt and enforce the Department of Environmental Protection's
81model ordinance for Florida-friendly fertilizer use on urban
82landscapes as a mechanism for protecting local surface water and
83groundwater quality.
84     (2)  Each county and municipal government located within
85the watershed of a water body or water segment that is listed by
86the department as impaired by nutrients pursuant to s. 403.067
87shall adopt the provisions of the department's model ordinance
88for Florida-friendly fertilizer use on urban landscapes. A
89county or municipal government may adopt additional or more
90stringent provisions than the model ordinance if the following
91criteria are met:
92     (a)  The county or municipal government demonstrates, as
93part of a comprehensive program to address nonpoint sources of
94nutrient pollution that is science-based and economically and
95technically feasible, that additional or more stringent
96provisions are necessary to adequately address urban fertilizer
97contributions to nonpoint source nutrient loading to a water
98body.
99     (b)  The county or municipal government documents
100consideration of all relevant scientific information, including
101input from the Department of Environmental Protection, the
102Department of Agriculture and Consumer Services, and the
103Institute of Food and Agricultural Sciences at the University of
104Florida, if provided, on the need for additional or more
105stringent provisions to address fertilizer use as a contributor
106to water quality degradation. All documentation shall be made
107part of the public record prior to adoption of additional or
108more stringent criteria.
109     (3)  Any county or municipal government that adopted its
110own fertilizer use ordinance before January 1, 2009, is exempt
111from the provisions of this section. A county or municipal
112government that adopted or amended fertilizer use ordinances on  
113or after January 1, 2009, shall adopt the provisions in the most
114recent version of the model fertilizer ordinance and shall be
115subject to the provisions of subsections (1) and (2).
116     (4)  This section does not regulate the use of fertilizer
117on farm operations as defined in s. 823.14 or on lands
118classified as agricultural lands pursuant to s. 193.461.
119     Section 4.  Section 403.9338, Florida Statutes, is created
120to read:
121     403.9338  Urban landscape commercial fertilizer applicator
122certification.--
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
126on residential, commercial, industrial, institutional, highway
127right-of-way, or other urban lands that are planted with turf or
128horticultural plants.
129     (c)  "Urban landscape commercial fertilizer applicator"
130means a person who applies fertilizer for payment or other
131consideration to property with urban landscaping that is not
132owned by the applicator.
133     (2)  No later than January 1, 2014, an urban landscape
134commercial fertilizer applicator must obtain a certificate
135demonstrating satisfactory completion of the Green Industry Best
136Management Practices training program or an equivalent program
137that is cooperatively implemented by the Department of
138Environmental Protection and the Institute of Food and
139Agricultural Sciences at the University of Florida.
140     (3)  The Department of Environmental Protection, in
141consultation with the Department of Agriculture and Consumer
142Services and the Institute of Food and Agricultural Sciences at
143the University of Florida, shall approve training programs and
144testing materials that are equivalent to or more comprehensive
145than the Green Industry Best Management Practices training
146program. Training and testing programs of county or municipal
147governments or private entities shall be eligible to provide
148equivalent training. Such programs shall be subject to review
149and approval when significant changes are made to the programs.
150Existing approved training programs and testing materials must
151be reapproved by July 1, 2010.
152     (4)  After receiving a certificate demonstrating successful
153completion of a program pursuant to subsection (2), an urban
154landscape commercial fertilizer applicator may apply to the
155Department of Agriculture and Consumer Services to receive a
156limited certification for urban landscape commercial fertilizer
157application pursuant to s. 482.1562.
158     (5)  Certification under this section qualifies urban
159landscape commercial fertilizer applicators to apply fertilizer
160to urban landscapes throughout the state. Urban landscape
161commercial fertilizer applicators possessing a limited
162certification for urban commercial fertilizer application are
163not subject to additional testing by county or municipal
164governments.
165     Section 5.  Present subsection (28) of section 482.021,
166Florida Statutes, is renumbered as subsection (29), and a new
167subsection (28) is added to that section to read:
168     482.021  Definitions.--For the purposes of this chapter,
169and unless otherwise required by the context, the term:
170     (28)  "Urban landscape commercial fertilizer application"
171means an application of fertilizer by an urban landscape
172fertilizer applicator to an urban landscape as defined in s.
173403.9338(1).  Urban landscape does not include agricultural
174areas as defined in s. 482.021(1).
175     Section 6.  Section 482.1562, Florida Statutes, is created
176to read:
177     482.1562  Limited certification for urban landscape
178commercial fertilizer application.--
179     (1)  The department shall establish a limited certification
180category for urban landscape commercial fertilizer application
181as defined in s. 482.021(28) and may adopt rules to implement
182the provisions of this section.
183     (2)  A person seeking limited certification under this
184section must provide the urban landscape commercial fertilizer
185applicator training certificate issued pursuant to s. 403.9338.
186     (3)  An application for certification under this section
187must be accompanied by a fee set by rule of the department, in
188an amount of not more than $75 or less than $25. Until such fee
189is established, the application fee for certification shall be
190$25. Unless timely recertified, a certificate issued under this
191section automatically expires 1 year after the date of issuance.
192     (4)  An application for recertification under this section
193must be made at least 90 calendar days prior to the expiration
194date and be accompanied by a recertification fee set by rule of
195the department, in an amount of not more than $75 or less than
196$25. Until such fee is established, the application fee for
197recertification shall be $25. The application must also be
198accompanied by proof of having completed 4 classroom hours of
199acceptable continuing education, at least 2 hours of which shall
200be related to fertilizer best management practices. After a
201grace period not exceeding 30 calendar days after the date that
202recertification is due, a late renewal charge of $50 per month
203shall be assessed and must be paid in addition to the renewal
204fee. Unless timely recertified, a certificate automatically
205expires 90 calendar days after the anniversary recertification
206date. Subsequent to such expiration, a certificate may be issued
207only 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
210plants, including pesticide fertilizer mixtures;
211     (b)  Operation of a pest control business; or
212     (c)  The application of pesticides or fertilizers by
213unlicensed or uncertified personnel under the supervision of the
214certified person.
215     (6)(a)  The department is authorized to provide information
216on the certification status of persons certified under this
217section to other local and state governmental agencies.
218     (b)  The department is encouraged to create and maintain a
219list of all certified urban landscape fertilizer applicators in
220an electronic database accessible by the public via the
221Internet.
222     (7)  It is unlawful to apply fertilizer to urban landscape
223except as provided in this chapter. A person who violates any
224provision of this chapter or any rules adopted pursuant to this
225chapter commits a misdemeanor of the second degree, punishable
226as provided in s. 775.082 or s. 775.083.
227     Section 7.  This act shall take effect July 1, 2009.


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