1 | A bill to be entitled |
2 | An act relating to protecting urban and residential |
3 | environments and water; amending s. 373.62, F.S.; revising |
4 | requirements relating to automatic landscape irrigation |
5 | systems; requiring licensed contractors who perform work |
6 | on automatic landscape irrigation systems to inspect such |
7 | systems for compliance with specified requirements and |
8 | ensure that such systems are in compliance before |
9 | completing other work on the systems; requiring the |
10 | Department of Environmental Protection to create a model |
11 | ordinance and local governments to adopt the ordinance; |
12 | exempting counties having more stringent requirements from |
13 | adopting the model ordinance; providing penalty |
14 | requirements for such ordinance; providing for the |
15 | disposition of funds raised through penalties imposed; |
16 | providing a definition of the term "licensed contractor" |
17 | to include certain locally licensed contractors; creating |
18 | s. 403.9335, F.S.; providing a short title; creating s. |
19 | 403.9336, F.S.; providing legislative findings; creating |
20 | s. 403.9337, F.S.; providing definitions; creating s. |
21 | 403.9338, F.S.; encouraging county and municipal |
22 | governments to adopt and enforce the model ordinance for |
23 | Florida-friendly fertilizer use on urban landscapes of the |
24 | Department of Environmental Protection or an equivalent |
25 | requirement as a mechanism for protecting local surface |
26 | water and groundwater quality; requiring a local |
27 | government located within the watershed of an impaired |
28 | water body or water segment to adopt the model ordinance; |
29 | providing that additional or more stringent provisions may |
30 | be adopted under certain conditions; providing an |
31 | exemption for certain fertilizer use ordinances; requiring |
32 | certain fertilizer use ordinances to be amended; providing |
33 | construction; creating s. 403.9339, F.S.; requiring the |
34 | Department of Environmental Protection, cooperatively with |
35 | the Institute of Food and Agricultural Sciences at the |
36 | University of Florida, to provide, review, and approve |
37 | urban landscape best management practices training and |
38 | testing programs; authorizing the department to issue |
39 | certain training certificates; authorizing local |
40 | governments and private entities to provide training and |
41 | testing programs; providing that certified urban landscape |
42 | commercial fertilizer applicators are qualified for |
43 | specified activities, exempt from additional testing |
44 | requirements, and eligible to apply for certain limited |
45 | certification; amending s. 482.021, F.S.; providing a |
46 | definition; creating s. 482.1562, F.S.; requiring the |
47 | Department of Agriculture and Consumer Services to |
48 | establish a limited certification category for urban |
49 | landscape commercial fertilizer application; providing |
50 | requirements for certification and recertification; |
51 | providing application and renewal fees; providing a |
52 | limitation for such certification; authorizing the |
53 | department to provide specified information to state and |
54 | local governmental agencies; encouraging the department to |
55 | create an online database; requiring urban landscape |
56 | commercial fertilizer applicators to obtain limited |
57 | certification by a specified date; providing an exemption; |
58 | providing an effective date. |
59 |
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60 | Be It Enacted by the Legislature of the State of Florida: |
61 |
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62 | Section 1. Section 373.62, Florida Statutes, is amended to |
63 | read: |
64 | 373.62 Water conservation; automatic landscape irrigation |
65 | sprinkler systems.-- |
66 | (1) Any person who operates purchases and installs an |
67 | automatic landscape irrigation lawn sprinkler system after May |
68 | 1, 1991, shall properly install, and must maintain, and operate |
69 | technology, a rain sensor device or switch that inhibits or |
70 | interrupts operation of will override the irrigation cycle of |
71 | the sprinkler system during periods of sufficient moisture when |
72 | adequate rainfall has occurred. |
73 | (2) A licensed contractor who performs work on an |
74 | automatic landscape irrigation system shall test for the correct |
75 | operation of each inhibiting or interrupting device or switch on |
76 | the system. If such devices or switches are not installed in the |
77 | system or are not in proper operating condition, the contractor |
78 | shall install new devices or switches or repair existing devices |
79 | or switches and confirm that each device or switch is in proper |
80 | operating condition before completing any other work on the |
81 | system. |
82 | (3) The Department of Environmental Protection shall |
83 | create a model ordinance by January 15, 2010, that may be |
84 | adopted and enforced by local governments. Such ordinance shall, |
85 | at a minimum, provide: |
86 | (a) Penalties for operators of automatic landscape |
87 | irrigation systems who do not properly install and maintain the |
88 | required devices or switches. The minimum penalty shall be $50 |
89 | for a first offense, $100 for a second offense, and $250 for a |
90 | third or subsequent offense. |
91 | (b) A requirement that licensed contractors report |
92 | automatic landscape irrigation systems that are not in |
93 | compliance with this section to the appropriate authority. |
94 | (c) Penalties for licensed contractors who do not comply |
95 | with this section. The minimum penalty shall be $50 for a first |
96 | offense, $100 for a second offense, and $250 for a third or |
97 | subsequent offense. |
98 | |
99 | Regular maintenance and replacement of worn or broken technology |
100 | that interrupts or inhibits the operation of an automatic |
101 | landscape irrigation system is not a violation of this section |
102 | if such repairs are conducted within a reasonable time. |
103 | (4) Local governments shall adopt the model ordinance by |
104 | October 1, 2010. Local governments that impose requirements that |
105 | are more stringent than the minimum requirements of the model |
106 | ordinance are exempt from adopting the model ordinance. |
107 | (5) Funds generated by penalties imposed under the |
108 | ordinance shall be used by local governments for the |
109 | administration and enforcement of this section and to further |
110 | water-conservation activities. |
111 | (6) For purposes of this section, the term "licensed |
112 | contractor" includes an individual who holds a specific |
113 | irrigation contractor's license issued by a county. |
114 | Section 2. Section 403.9335, Florida Statutes, is created |
115 | to read: |
116 | 403.9335 Short title.--Sections 403.9335-403.9339 may be |
117 | cited as the "Protection of Urban and Residential Environments |
118 | and Water Act." |
119 | Section 3. Section 403.9336, Florida Statutes, is created |
120 | to read: |
121 | 403.9336 Legislative findings.--The Legislature finds that |
122 | implementation of the Department of Environmental Protection's |
123 | model ordinance for Florida-friendly fertilizer use on urban |
124 | landscapes published in the Florida-Friendly Landscape Guidance |
125 | Models for Ordinances, Covenants, and Restrictions (2009) |
126 | manual, which was developed with the recommendations of the |
127 | Florida Consumer Fertilizer Task Force and in agreement with the |
128 | provisions of the labeling requirements for urban turf |
129 | fertilizers in chapter 5E-1, Florida Administrative Code, will |
130 | assist in protecting the quality of surface water and |
131 | groundwater resources of this state. The Legislature further |
132 | finds that local circumstances, including the varying types and |
133 | conditions of water bodies, site-specific soils and geology, and |
134 | urban or rural densities and characteristics, may require local |
135 | governments to use additional or more stringent fertilizer- |
136 | management practices. |
137 | Section 4. Section 403.9337, Florida Statutes, is created |
138 | to read: |
139 | 403.9337 Definitions.--As used in ss. 403.9335-403.9339, |
140 | the term: |
141 | (1) "Department" means the Department of Environmental |
142 | Protection. |
143 | (2) "Institute" means the Institute of Food and |
144 | Agricultural Sciences at the University of Florida. |
145 | (3) "Local government" means a county or municipality. |
146 | (4) "Urban landscape" means pervious areas on residential, |
147 | commercial, industrial, institutional, highway rights-of-way, or |
148 | other lands not used for agriculture that are planted with turf |
149 | or horticultural plants. For purposes of this subsection, |
150 | "agriculture" has the same meaning as in s. 570.02. |
151 | (5) "Urban landscape commercial fertilizer applicator" |
152 | means a person who applies fertilizer for payment or other |
153 | consideration to property with an urban landscape that is not |
154 | owned by the applicator. |
155 | Section 5. Section 403.9338, Florida Statutes, is created |
156 | to read: |
157 | 403.9338 Adoption of the model ordinance for Florida- |
158 | friendly fertilizer use on urban landscapes.-- |
159 | (1) All local governments are encouraged to adopt and |
160 | enforce the department's model ordinance for Florida-friendly |
161 | fertilizer use on urban landscapes as a mechanism for protecting |
162 | local surface water and groundwater quality. |
163 | (2) Each local government located within the watershed of |
164 | a water body or water segment that is listed by the department |
165 | as impaired by nutrients pursuant to s. 403.067 shall adopt, at |
166 | a minimum, the department's model ordinance for Florida-friendly |
167 | fertilizer use on urban landscapes. A local government may adopt |
168 | additional or more stringent standards than the model ordinance |
169 | if the following criteria are met: |
170 | (a) The local government demonstrates, as part of a |
171 | comprehensive program to address nonpoint sources of nutrient |
172 | pollution that is science-based and economically and technically |
173 | feasible, that additional or more stringent standards are |
174 | necessary to adequately address urban fertilizer contributions |
175 | to nonpoint source nutrient loading to a water body. |
176 | (b) The local government documents consideration of all |
177 | relevant scientific information, including input from the |
178 | department and the Department of Agriculture and Consumer |
179 | Services, if provided, on the need for additional or more |
180 | stringent standards to address fertilizer use as a contributor |
181 | to water quality degradation. All documentation shall be made |
182 | part of the public record before adopting additional or more |
183 | stringent standards. |
184 | (3) Any local government that adopted its own fertilizer |
185 | use ordinance before January 1, 2009, is exempt from the |
186 | provisions of this section. Ordinances adopted or amended on or |
187 | after January 1, 2009, must include the provisions in the most |
188 | recent version of the model fertilizer ordinance and are subject |
189 | to the provisions of subsections (1) and (2). |
190 | (4) This section does not regulate the use of fertilizer |
191 | on farm operations as defined in s. 823.14 or on lands |
192 | classified as agricultural lands pursuant to s. 193.461. |
193 | Section 6. Section 403.9339, Florida Statutes, is created |
194 | to read: |
195 | 403.9339 Urban landscape commercial fertilizer applicator |
196 | certification.-- |
197 | (1) The department, working cooperatively with the |
198 | institute, shall provide urban landscape best management |
199 | practices training and testing throughout the state. The |
200 | department may issue a certificate of training to a person who |
201 | has satisfactorily completed the training program. |
202 | (2) The department, in consultation with the institute and |
203 | the Department of Agriculture and Consumer Services, shall |
204 | approve training and testing programs that are equivalent to or |
205 | more comprehensive than those provided by the department |
206 | pursuant to subsection (1). Local governments or private |
207 | entities that have training programs approved by the department |
208 | are eligible to provide training and testing programs. Such |
209 | programs are subject to review and approval by the department if |
210 | significant changes are proposed to be made to either program. |
211 | Existing approved programs must be reapproved no later than July |
212 | 1, 2010. |
213 | (3)(a) After receiving a certificate of training |
214 | demonstrating successful completion of the department's urban |
215 | landscape best management practices training program or an |
216 | equivalent program pursuant to subsection (2), an urban |
217 | landscape commercial fertilizer applicator may apply to the |
218 | Department of Agriculture and Consumer Services to receive a |
219 | limited certification for urban landscape commercial fertilizer |
220 | application pursuant to s. 482.1562. |
221 | (b) The limited certification issued by the Department of |
222 | Agriculture and Consumer Services qualifies an urban landscape |
223 | commercial fertilizer applicator to apply fertilizer to urban |
224 | landscapes throughout the state. |
225 | (c) Urban landscape commercial fertilizer applicators |
226 | possessing a limited certification for urban commercial |
227 | fertilizer application are not subject to additional local |
228 | testing. |
229 | Section 7. Present subsection (28) of section 482.021, |
230 | Florida Statutes, is renumbered as subsection (29), and a new |
231 | subsection (28) is added to that section to read: |
232 | 482.021 Definitions.--For the purposes of this chapter, |
233 | and unless otherwise required by the context, the term: |
234 | (28) "Urban landscape commercial fertilizer application" |
235 | means an application of fertilizer by an urban landscape |
236 | fertilizer applicator to an urban landscape as defined in s. |
237 | 403.9337(4). |
238 | Section 8. Section 482.1562, Florida Statutes, is created |
239 | to read: |
240 | 482.1562 Limited certification for urban landscape |
241 | commercial fertilizer application.-- |
242 | (1) To provide a means of documenting and assuring |
243 | compliance with acceptable best management practices for |
244 | fertilizer application to urban landscapes, the department shall |
245 | establish a limited certification category for urban landscape |
246 | commercial fertilizer application as defined in s. 482.021(28) |
247 | and may adopt rules to implement the procedures and requirements |
248 | of this section. |
249 | (2) A person seeking limited certification under this |
250 | section shall provide the department with a copy of the urban |
251 | landscape commercial fertilizer applicator training certificate |
252 | issued pursuant to s. 403.9339. |
253 | (3) An application for certification under this section |
254 | must be accompanied by a fee set by the department, in an amount |
255 | of not more than $75 or less than $25; however, until a rule |
256 | setting the fee is adopted by the department, the fee for |
257 | certification is $25. |
258 | (4)(a)1. A certification issued under this section shall |
259 | expire 4 years after the date of issuance. An application for |
260 | recertification under this section must be made at least 90 |
261 | calendar days before the anniversary date of the current |
262 | certification and must be accompanied by a recertification fee |
263 | set by the department, in an amount of not more than $75 or less |
264 | than $25; however, until a rule setting the fee is adopted by |
265 | the department, the fee for recertification is $25. |
266 | 2. After a grace period not exceeding 30 calendar days |
267 | after the date the recertification application is due pursuant |
268 | to subparagraph (a)1., a late renewal penalty of $50 shall be |
269 | assessed each month and must be paid in addition to the |
270 | recertification fee. |
271 | (b) An application for recertification must be accompanied |
272 | by proof that the applicant has completed 4 classroom hours of |
273 | acceptable continuing education, at least 2 hours of which shall |
274 | include fertilizer best management practices. |
275 | (c) Unless timely recertified, a certificate automatically |
276 | expires 90 calendar days after the anniversary date of the |
277 | recertification. After a certificate expires, a certificate may |
278 | be renewed only if the person complies with all conditions for |
279 | recertification. |
280 | (5) Certification under this section does not authorize a |
281 | person to: |
282 | (a) Apply pesticides to turf or ornamental plants, |
283 | including pesticide fertilizer mixtures; |
284 | (b) Operate a pest control business; or |
285 | (c) Employ unlicensed or uncertified personnel to apply |
286 | pesticides or fertilizers under the supervision of the certified |
287 | person. |
288 | (6) The department may provide information on the |
289 | certification status of persons certified under this section to |
290 | other local and state governmental agencies. The department is |
291 | encouraged to create an online database listing all certified |
292 | urban landscape fertilizer applicators. |
293 | (7) Beginning January 1, 2014, an urban landscape |
294 | commercial fertilizer applicator must obtain a limited |
295 | certification under this section in order to apply fertilizer to |
296 | urban landscapes. |
297 | (8)(a) Yard workers who apply fertilizer to individual |
298 | residential properties using only fertilizer and equipment |
299 | supplied by the residential property owner or resident are |
300 | exempt from the requirements of this section. |
301 | (b) Persons who apply fertilizer to urban landscapes using |
302 | fertilizer or equipment not supplied by the individual |
303 | residential property owner or resident to which the application |
304 | is made are not exempt from the requirements of this section. |
305 | Section 9. This act shall take effect July 1, 2009. |