Florida Senate - 2009 CS for SB 274
By the Committee on Environmental Preservation and Conservation;
and Senators Constantine, Dockery, and Jones
592-02916A-09 2009274c1
1 A bill to be entitled
2 An act relating to the protection of springs; creating
3 part IV of ch. 369, F.S.; providing a short title;
4 providing legislative findings and intent with respect
5 to the need to protect and restore springs and ground
6 water; providing definitions; requiring the Department
7 of Environmental Protection to delineate the
8 springsheds of specified springs; requiring the
9 department to adopt spring protection zones by
10 secretarial order; requiring the department to adopt
11 total maximum daily loads and basin management action
12 plans for spring systems; providing effluent
13 requirements for domestic wastewater treatment
14 facilities; providing requirements for onsite sewage
15 treatment and disposal systems; providing requirements
16 for agricultural operations; authorizing the
17 Department of Environmental Protection, the Department
18 of Health, and the Department of Agriculture and
19 Consumer Services to adopt rules; amending s.
20 163.3177, F.S.; requiring certain local governments to
21 adopt a springs protection element as one of the
22 required elements of the comprehensive plan by a
23 specified date; providing that certain design
24 principles be included in the element; requiring the
25 Department of Environmental Protection and the state
26 land planning agency to make information available
27 concerning best-management practices; prohibiting a
28 local government that fails to adopt a springs
29 protection element from amending its comprehensive
30 plan; amending s. 403.1835, F.S.; including certain
31 areas of critical state concern and the spring
32 protection zones established by the act among projects
33 that are eligible for certain financial assistance;
34 requiring the Department of Environmental Protection,
35 the Department of Agriculture and Consumer Services,
36 and water management districts to assess nitrogen
37 loading and begin implementing management plans within
38 the spring protection zones by a specified date;
39 amending s. 381.0065, F.S.; requiring the Department
40 of Health to implement a statewide onsite sewage
41 treatment and disposal system inspection program;
42 providing a 10-year phase-in cycle; requiring
43 inspection; providing specific exemptions; providing
44 fee requirements; providing disposition of fees;
45 amending s. 259.105, F.S.; providing priority under
46 the Florida Forever Act for projects within a springs
47 protection zone; creating s. 403.9335, F.S.; providing
48 legislative findings; providing for model ordinances
49 for the protection of urban and residential
50 environments and water; requiring the Department of
51 Environmental Protection to adopt a model ordinance by
52 a specified date; requiring municipalities and
53 counties having impaired water bodies or segments to
54 adopt the ordinance; creating s. 403.9337, F.S.;
55 providing definitions; prohibiting use of certain
56 fertilizers after a specified date; providing for
57 exemptions; transferring by a type II transfer the
58 Bureau of Onsite Sewage from the Department of Health
59 to the Department of Environmental Protection;
60 providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Part IV of chapter 369, Florida Statutes,
65 consisting of sections 369.401, 369.402, 369.403, 369.404,
66 369.405, 369.406, 369.407, and 369.408, is created to read:
67 369.401 Short title.—This part may be cited as the “Florida
68 Springs Protection Act.”
69 369.402 Legislative findings and intent.—
70 (1) Florida’s springs are a precious and fragile natural
71 resource that must be protected. Springs provide recreational
72 opportunities for swimmers, canoeists, wildlife watchers, cave
73 divers, and others. Because of the recreational opportunities
74 and accompanying tourism, many of the state’s springs greatly
75 benefit state and local economies. In addition, springs provide
76 critical habitat for plants and animals, including many
77 endangered or threatened species, and serve as indicators of
78 groundwater and surface water quality.
79 (2) In general, Florida’s springs, whether found in urban
80 or rural settings, or on public or private lands, are threatened
81 by actual, or potential, flow reductions and declining water
82 quality. Many of Florida’s springs show signs of ecological
83 imbalance, increased nutrient loading, and lowered water flow.
84 Groundwater sources of spring discharges are recharged by
85 seepage from the surface and through direct conduits such as
86 sinkholes and can be adversely affected by polluted runoff from
87 urban and agricultural lands and discharges resulting from poor
88 wastewater management practices.
89 (3) Springs and ground water can be restored through good
90 stewardship, including effective planning strategies, best
91 management practices, and appropriate regulatory programs that
92 preserve and protect the springs and their springsheds.
93 369.403 Definitions.—As used in this part, the term:
94 (1) “Cooperating entities” means the Department of
95 Environmental Protection, the Department of Health, the
96 Department of Agriculture and Consumer Services, the Department
97 of Community Affairs, the Department of Transportation, and each
98 water management district and those local governments and
99 municipalities having jurisdiction in the areas of the springs
100 identified in s. 369.404.
101 (2) “Department” means the Department of Environmental
102 Protection.
103 (3) “Estimated sewage flow” means the quantity of domestic
104 and commercial wastewater in gallons per day which is expected
105 to be produced by an establishment or single-family residence as
106 determined by rule of the Department of Health.
107 (4) “First magnitude spring” means a spring that has a
108 median discharge of greater than or equal to 100 cubic feet per
109 second for the period of record, as determined by the
110 department.
111 (5) “Onsite sewage treatment and disposal system” or
112 “septic system” means a system that contains a standard
113 subsurface, filled, or mound drainfield system; an aerobic
114 treatment unit; a graywater system tank; a laundry wastewater
115 system tank; a septic tank; a grease interceptor; a pump tank; a
116 solids or effluent pump; a waterless, incinerating, or organic
117 waste-composting toilet; or a sanitary pit privy that is
118 installed or proposed to be installed beyond the building sewer
119 on land of the owner or on other land to which the owner has the
120 legal right to install a system. The term includes any item
121 placed within, or intended to be used as a part of or in
122 conjunction with, the system. This term does not include package
123 sewage treatment facilities and other treatment works regulated
124 under chapter 403.
125 (6) “Second magnitude spring” means a spring that has a
126 median discharge of 10 to 100 cubic feet per second for the
127 period of record, as determined by the department.
128 (7) “Spring” means a point where ground water is discharged
129 onto the earth’s surface, including under any surface water of
130 the state, excluding seeps. The term includes a spring run.
131 (8) “Spring run” means a body of flowing water to a point
132 of confluence with another body of flowing water of equal or
133 greater flow, or until the point where the flow is less than 50
134 percent of the surface water flow as originating at the spring.
135 (9) “Springshed” means those areas within the groundwater
136 and surface water basins which contribute to the discharge of a
137 spring.
138 (10) “Usable property” means the area of the property
139 expressed in acres exclusive of all paved areas and prepared
140 road beds within public or private rights-of-way or easements
141 and exclusive of surface water bodies.
142 369.404 Designation of spring protection zones.—
143 (1) All counties or municipalities in which there are
144 located first or second magnitude springs are hereby designated
145 as spring protection zones.
146 (2) The department is directed to adopt rules to implement
147 the requirements of this section.
148 (a) Such rules at a minimum shall create a priority list of
149 first and second magnitude springs designating them as high,
150 medium, or low priority based on the following measurements of
151 nitrate at the spring boil as an average annual concentration:
152 1. High — nitrate greater than or equal to 1.0mg/L;
153 2. Medium — nitrate greater than or equal to 0.5mg/L and
154 less than 1.0mg/L; and
155 3. Low — nitrate up to 0.5mg/L.
156 (b) Based on the priority determination of the department
157 for first and second magnitude springs, the corresponding
158 deadlines apply to the requirements of s. 369.405 to spring
159 protection zones as designated in this section.
160 1. For high-priority springs, the deadline for compliance
161 shall be no later than July 1, 2016;
162 2. For medium-priority springs, the deadline for compliance
163 shall be no later than July 1, 2019; and
164 3. For low-priority springs, the deadline for compliance
165 shall be no later than July 1, 2024.
166 (3) Counties or municipalities, upon application to the
167 department, may seek to have specific geographic areas exempted
168 from this designation by demonstrating that activities within
169 such areas will not impact the springshed in a manner that leads
170 to new or continued degradation.
171 (4) The department is directed to develop standards and
172 rules that provide the minimum scientific methodologies, data,
173 or tools that shall be used by a county to support the request
174 for an exemption.
175 (5) Pursuant to subsection (2), the department may deny an
176 application for exemption or may modify the boundaries of the
177 specific geographic areas for which an exemption is sought if
178 the application fails to meet the requirements in subsection
179 (3).
180 369.405 Requirements for spring protection zones.—
181 (1) Domestic wastewater discharge and wastewater residual
182 application must comply with the requirements of this
183 subsection.
184 (a) All wastewater discharges from facilities having
185 permitted capacities greater than or equal to 100,000 gallons
186 per day must achieve nitrogen concentrations less than or equal
187 to 3mg/L.
188 (b) All wastewater discharges from facilities having
189 permitted capacities less than 100,000 gallons per day but
190 greater than 10,000 gallons per day must achieve nitrogen
191 concentrations less than or equal to 10mg/L.
192 (2) Onsite sewage treatment and disposal systems in areas
193 permitted to or that contain septic systems in densities greater
194 than or equal to 300 systems per square mile must connect to a
195 central wastewater treatment facility or other centralized
196 collection and treatment system.
197 (3)(a) Agricultural operations must implement applicable
198 best-management practices, including nutrient management,
199 adopted by the Department of Agriculture and Consumer Services
200 to reduce nitrogen impacts to ground water. By December 31,
201 2009, the Department of Agriculture and Consumer Services, in
202 cooperation with the other cooperating entities and
203 stakeholders, must develop and propose for adoption by rule
204 equine, cow and calf, and forage grass best-management practices
205 pursuant to this paragraph.
206 (b) Animal feeding operations must implement the
207 requirements of rules adopted by the department to reduce
208 nitrogen impacts to ground water. By December 31, 2009, the
209 department, in cooperation with the other cooperating entities
210 and stakeholders, must develop and propose for adoption, revised
211 rules for animal feeding operations which address requirements
212 for lined wastewater lagoons and the development and
213 implementation of nutrient management plans, including the land
214 spreading of animal waste not treated and packaged as
215 fertilizer.
216 (4) Stormwater systems must comply with the requirements of
217 this section.
218 (a) All drainage wells must be evaluated and a remediation
219 plan to reduce nitrogen loading to ground water must be
220 developed and implemented.
221 (b) All management systems constructed prior to 1982 must
222 be evaluated and a remediation plan to reduce nitrogen loading
223 to ground water must be developed and implemented.
224 (5) This subsection does not limit the department’s
225 authority to require additional treatment or other actions
226 pursuant to chapter 403, as necessary, to meet surface and
227 groundwater quality standards.
228 369.406 Additional requirements for all spring protection
229 zones.
230 (1) All newly constructed or expanded wastewater facilities
231 operational after July 1, 2012, must meet the advanced
232 wastewater treatment requirements of s. 403.086(4).
233 (2) For all development not permitted as of July 1, 2009,
234 which has septic system densities greater than or equal to 300
235 systems per square mile, connection to a central wastewater
236 treatment facility or other centralized collection and treatment
237 system is required.
238 (3) New septic systems that are installed after July 1,
239 2009, must be designed to meet a target annual average
240 groundwater concentration of no more than 3 milligrams per liter
241 total nitrogen at the owner’s property line. Compliance with
242 these requirements does not require groundwater monitoring. The
243 Department of Health shall develop and adopt by rule design
244 standards for achieving these target annual average groundwater
245 concentrations. At a minimum, these standards must take into
246 consideration the relationship between the treatment level
247 achieved by the septic system and the area of usable property
248 available for rainwater dilution.
249 (4) Prior to adoption of the design standards by the
250 Department of Health, compliance with the requirements in
251 subsection (3) is presumed if one the following conditions are
252 met:
253 (a) The lot associated with the establishment or single
254 family home is served by a septic system meeting the baseline
255 system standards set forth in rules of the Department of Health,
256 and the ratio of estimated sewage flow in gallons per day to
257 usable property is 100 to 1 or less.
258 (b) The lot associated with the establishment or single
259 family home is served by a septic system meeting at least the
260 advanced secondary treatment standards set forth in rules of the
261 Department of Health, combined with a drip irrigation system.
262 (5) Subsection (4) does not supersede the jurisdictional
263 flow limits established in s. 381.0065(3)(b).
264 (6) Land application of septage is prohibited and subject
265 to a $250 fine for a first offense and $500 fine for a second or
266 subsequent offense pursuant to the authority granted to the
267 Department of Health in s. 381.0065(3)(h).
268 (7) Any septic system, when requiring repair, modification,
269 or reapproval, must meet a 24-inch separation from the wet
270 season water table and the surface water setback requirements in
271 s. 381.0065(4). All treatment receptacles must be within one
272 size of the requirements in rules of the Department of Health
273 and must be tested for watertightness by a state-licensed septic
274 tank contractor or plumber.
275 (8) Each owner of a publicly owned or investor-owned
276 sewerage system must notify all owners of septic systems,
277 excluding approved graywater systems, of the availability of
278 central sewerage facilities for purposes of connection pursuant
279 to s. 381.00655(1) within 60 days after receipt of notification
280 from the department that collection facilities for the central
281 sewerage system have been cleared for use.
282 (a) Notwithstanding s. 381.00655(2)(b), a publicly owned or
283 investor-owned sewerage system may not waive the requirement for
284 mandatory onsite sewage disposal connection to an available
285 publicly owned or investor-owned sewerage system, except as
286 provided in paragraph (b).
287 (b) With the approval of the department, a publicly owned
288 or investor-owned sewerage system may waive the requirement for
289 mandatory onsite sewage disposal connection for a sewage
290 treatment system that meets or exceeds standards established for
291 septic systems if it determines that such connection is not
292 required in the public interest due to water quality or public
293 health considerations.
294 (9) In hardship cases the Department of Health may grant
295 variances to the provisions of this section and any rules
296 adopted under this section in accordance with s. 381.0065(4)(h).
297 (10) After July 1, 2010, land application of Class A, Class
298 B, or Class AA wastewater residuals, as defined by department
299 rule, is prohibited. This prohibition does not apply to Class AA
300 residuals that are marketed and distributed as fertilizer
301 products in accordance with department rule.
302 (11) Local governments must, at a minimum, adopt the
303 department’s model ordinance for Florida Friendly Landscape
304 Guidance Models for Ordinances, Covenants, and Restrictions by
305 December 31, 2010.
306 (12) This subsection does not limit the department’s
307 authority to require additional treatment or other actions
308 pursuant to chapter 403, as necessary, to meet surface and
309 groundwater quality standards.
310 369.407 Florida Springs Onsite Sewage Treatment and
311 Disposal System Compliance Grant Program.—
312 (1) The Florida Springs Onsite Sewage Treatment and
313 Disposal System Compliance Grant Program is established in the
314 Department of Health and shall be administered by the
315 department. The purpose of the program is to provide grants to
316 low-income property owners in spring protection zones using
317 septic systems to assist the property owners in complying with
318 rules for these systems developed by the Department of Health,
319 the Department of Environmental Protection, or the water
320 management districts and to enforce compliance with standards
321 for septic systems. The grant program is effective upon final
322 adoption of department rules and may be applied to costs
323 incurred on or after such date.
324 (2) Any property owner in a spring protection zone having
325 an income less than or equal to 200 percent of the federal
326 poverty level who is required by rule of the Department of
327 Health, the Department of Environmental Protection, or the water
328 management districts to alter, repair, or modify any existing
329 septic system to a nitrate-reducing treatment system on such
330 property may apply to the Department of Health for a grant to
331 assist the owner with the cost of compliance.
332 (3) The amount of the grant is limited to the cost
333 differential between the replacement of a comparable existing
334 septic system and that of an upgraded nitrate-reducing treatment
335 system, but may not exceed $5,000 per property.
336 (4) The grant must be in the form of a rebate to the
337 property owner for costs incurred in complying with the
338 requirements for septic systems. The property owner must provide
339 documentation of those costs in the grant application to the
340 Department of Health.
341 (5) The Department of Health shall adopt rules providing
342 forms, procedures, and requirements for applying for and
343 disbursing grants, including bid requirements, and for
344 documenting compliance costs incurred.
345 (6) The Department of Health, in coordination with the
346 Department of Environmental Protection and the water management
347 districts, shall continue to evaluate, by any means the
348 department deems appropriate, the level of nitrate deposited in
349 Florida springs by septic systems.
350 369.408 Rules.—
351 (1) The department, the Department of Health, and the
352 Department of Agriculture and Consumer Services may adopt rules
353 pursuant to ss. 120.536(1) and 120.54 to administer the
354 provisions of this part, as applicable.
355 (2) The Department of Agriculture and Consumer Services
356 shall be the lead agency in coordinating the reduction of
357 agricultural nonpoint sources of pollution for springs
358 protection. The Department of Agriculture and Consumer Services,
359 and the department pursuant to s. 403.067(7)(c)4., shall study
360 and if necessary, in cooperation with the other cooperating
361 entities, applicable local governments, and stakeholders,
362 initiate rulemaking to implement new or revised best-management
363 practices for improving and protecting springs. As needed to
364 implement the new or revised practices, the Department of
365 Agriculture and Consumer Services shall revise its best
366 management practices rules to require implementation of the
367 modified practice within a reasonable time period as specified
368 in the rule.
369 Section 2. Paragraph (l) is added to subsection (6) of
370 section 163.3177, Florida Statutes, to read:
371 163.3177 Required and optional elements of comprehensive
372 plan; studies and surveys.—
373 (6) In addition to the requirements of subsections (1)-(5)
374 and (12), the comprehensive plan shall include the following
375 elements:
376 (l) In counties or municipalities, or portions thereof,
377 designated as spring protection zones pursuant to s. 369.404,
378 during the first comprehensive plan evaluation and appraisal
379 report conducted after July 1, 2009, a spring protection measure
380 that ensures the protection of and, where necessary, restoration
381 of water quality in springs shall be added to the appropriate
382 comprehensive plan element. The measure must address minimizing
383 human impacts on springs from development through protecting
384 karst features during and after the development process,
385 ensuring that future development follows low-impact design
386 principles, ensuring that landscaping and fertilizer use are
387 consistent with the Florida Friendly Landscaping program,
388 ensuring adequate open space, and providing for proper
389 management of stormwater and wastewater to minimize their
390 effects on the water quality of springs. The spring protection
391 measure must be based on low-impact design, landscaping, and
392 fertilizer best-management and use practices and principles
393 developed by the Department of Environmental Protection and
394 contained in the Florida Friendly Landscape Guidance Models for
395 Ordinances, Covenants, and Restrictions. The Department of
396 Environmental Protection and the state land planning agency
397 shall make information concerning such best-management and use
398 practices and principles prominently available on their
399 websites. In addition, all landscape design and irrigation
400 systems must meet the standards established pursuant to s.
401 373.228(4). Failure to adopt a spring protection measure shall
402 result in a prohibition on any plan amendments until the measure
403 is adopted.
404 Section 3. Subsection (7) of section 403.1835, Florida
405 Statutes, is amended to read:
406 403.1835 Water pollution control financial assistance.—
407 (7) Eligible projects must be given priority according to
408 the extent each project is intended to remove, mitigate, or
409 prevent adverse effects on surface or ground water quality and
410 public health. The relative costs of achieving environmental and
411 public health benefits must be taken into consideration during
412 the department’s assignment of project priorities. The
413 department shall adopt a priority system by rule. In developing
414 the priority system, the department shall give priority to
415 projects that:
416 (a) Eliminate public health hazards;
417 (b) Enable compliance with laws requiring the elimination
418 of discharges to specific water bodies, including the
419 requirements of s. 403.086(9) regarding domestic wastewater
420 ocean outfalls;
421 (c) Assist in the implementation of total maximum daily
422 loads and basin management action plans adopted under s.
423 403.067;
424 (d) Enable compliance with other pollution control
425 requirements, including, but not limited to, toxics control,
426 wastewater residuals management, and reduction of nutrients and
427 bacteria;
428 (e) Assist in the implementation of surface water
429 improvement and management plans and pollutant load reduction
430 goals developed under state water policy;
431 (f) Promote reclaimed water reuse;
432 (g) Eliminate environmental damage caused by failing onsite
433 sewage treatment and disposal systems, with priority given to
434 systems located within an area designated as an area of critical
435 state concern under s. 380.05 or located in a spring protection
436 zone adopted pursuant to s. 369.404 or those that are causing
437 environmental damage; or
438 (h) Reduce pollutants to and otherwise promote the
439 restoration of state Florida’s surface and ground waters.
440 Section 4. The Department of Environmental Protection, the
441 Department of Agriculture and Consumer Services, and the water
442 management districts shall assess nitrogen loading from lands
443 owned or managed by each respective agency and located within a
444 spring protection zone using a consistent methodology, evaluate
445 existing management activities, and develop and begin
446 implementing management plans to reduce adverse impacts to the
447 springs no later than December 31, 2011.
448 Section 5. Present paragraphs (d) through (n) of subsection
449 (3) of section 381.0065, Florida Statutes, are redesignated as
450 paragraphs (e) through (o), respectively, and a new paragraph
451 (d) is added to that subsection, to read:
452 381.0065 Onsite sewage treatment and disposal systems;
453 regulation.—
454 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
455 department shall:
456 (d) Develop and implement a mandatory statewide onsite
457 sewage treatment and disposal system inspection program.
458 1. The program shall:
459 a. Be phased in over a 10-year cycle and provide that every
460 system is inspected on a 5-year recurring cycle.
461 b. Initially target those systems inspected under other
462 departmental criteria.
463 c. Provide for the exemption of those systems in areas
464 where the density of dwellings is fewer than one per 3 acres
465 unless the property abuts a water body or water segment that is
466 listed by the department as impaired pursuant to s. 369.404 or
467 s. 403.067.
468 2. The department, local government, or state-licensed
469 septic tank contractor or plumber shall charge an additional fee
470 of $20 for each system inspected. Upon completion of the
471 inspection, the entity conducting the inspection must submit an
472 application for approval to the department and provide a copy to
473 the owner. The department must approve the system for continued
474 use or notify the owner of the requirement for a repair or
475 modification permit.
476 3. Revenues from the fee must be deposited in the
477 appropriate department trust fund, and a minimum of 50 percent
478 of the revenues shall be dedicated to the grant program created
479 pursuant to s. 369.407.
480 Section 6. Paragraph (m) is added to subsection (9) of
481 section 259.105, Florida Statutes, to read:
482 259.105 The Florida Forever Act.—
483 (9) The Acquisition and Restoration Council shall recommend
484 rules for adoption by the board of trustees to competitively
485 evaluate, select, and rank projects eligible for Florida Forever
486 funds pursuant to paragraph (3)(b) and for additions to the
487 Conservation and Recreation Lands list pursuant to ss. 259.032
488 and 259.101(4). In developing these proposed rules, the
489 Acquisition and Restoration Council shall give weight to the
490 following criteria:
491 (m) Any part of the project area falls within a springs
492 protection zone as defined by ss. 369.401-369.407.
493 Section 7. Section 403.9335, Florida Statutes, is created
494 to read:
495 403.9335 Protection of urban and residential environments
496 and water.—
497 (1) The Legislature finds that the implementation of a
498 model ordinance for fertilizer use on urban landscapes will
499 assist in protecting the quality of Florida’s surface water and
500 groundwater resources. The Legislature further finds that local
501 circumstances, including the varying types and conditions of
502 water bodies, site-specific soils and geology, and urban and
503 rural densities and characteristics, necessitates that
504 additional or more stringent fertilizer-management practices be
505 implemented at the local government level.
506 (2) The department is directed by July 1, 2010, to adopt a
507 model ordinance. The department shall utilize the 2008 Model
508 Ordinance for Florida-Friendly Fertilizer Use on Urban
509 Landscapes, which was developed in conjunction with the Florida
510 Consumer Fertilizer Task Force, the Department of Agriculture
511 and Consumer Services, and the University of Florida Institute
512 of Food and Agricultural Sciences, in the development of the
513 model ordinance.
514 (3) All county and municipal governments are encouraged to
515 adopt and enforce the model ordinance or an equivalent
516 requirement as a mechanism for protecting the local surface
517 water and groundwater quality.
518 (4) Each county and municipal government located within the
519 watershed of a water body or water segment that is listed by the
520 department as impaired by nutrients pursuant to s. 369.404 or s.
521 403.067 shall adopt the model ordinance. However, a county or
522 municipal government may adopt additional provisions to or more
523 stringent provisions than the model ordinance.
524 Section 8. Section 403.9337, Florida Statutes, is created
525 to read:
526 403.9337 Urban turf fertilizers.—
527 (1) As used in this section, the term:
528 (a) “No-phosphate fertilizer” or “no-phosphorus fertilizer”
529 means fertilizer that contains less than 0.5 percent phosphate
530 by weight.
531 (b) “Urban turf” means noncropland planted, mowed, and
532 managed grasses, including, but not limited to, residential
533 lawns; turf on commercial property; filter strips; and turf on
534 property owned by federal, state, or local governments and other
535 public lands, including roadways, roadsides, parks, campsites,
536 recreation areas, school grounds, and other public grounds. The
537 term does not include pastures, hay production and grazing land,
538 turf grown on sod farms, or any other form of agricultural
539 production; golf courses or sports turf fields; or garden
540 fruits, flowers, or vegetables.
541 (c) “Soil test” means a test performed on soil planted or
542 sodded, or that will be planted or sodded, by a laboratory
543 approved by the Department of Agriculture and Consumer Services
544 and performed within the last 2 years to indicate if the level
545 of available phosphorus in the soil is sufficient to support
546 healthy turf growth.
547 (d) “Tissue test” means a test performed on plant tissue
548 growing in the soil planted or sodded, or that will be planted
549 or sodded, by a laboratory approved by the Department of
550 Agriculture and Consumer Services and performed within the last
551 2 years to indicate if the level of available phosphorus in the
552 soil is sufficient to support healthy turf.
553 (2) Other than no-phosphate and no-phosphorus fertilizers,
554 fertilizer containing phosphorus may not be applied to urban
555 turf anywhere in this state on or after July 1, 2011, unless a
556 soil or tissue test that is conducted pursuant to a method
557 approved by the Department of Agriculture and Consumer Services
558 indicates:
559 (a) For turf that is being initially established by seed or
560 sod, the level of available phosphorus is insufficient to
561 establish new turf growth and a root system. However, during the
562 first year, a one-time application only of up to 1 pound of
563 phosphate per 1,000 square feet of area may be applied.
564 (b) For established turf, the level of available phosphorus
565 is insufficient to support healthy turf growth. However, no more
566 than 0.25 pound of phosphate per 1,000 square feet of area per
567 each application may be applied, not to exceed 0.5 pound of
568 phosphate per 1,000 square feet of area per year.
569 Section 9. All personnel, statutory powers, duties, and
570 functions of the Bureau of Onsite Sewage in the Department of
571 Health are transferred from the Department of Health to the
572 Department of Environmental Protection by a type two transfer,
573 as defined in s. 20.06, Florida Statutes.
574 Section 10. This act shall take effect July 1, 2009.