Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 494
       
       
       
       
       
       
                                Barcode 475528                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/15/2009           .                                
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       The Committee on General Government Appropriations (Dean)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 66 and 67
    4  insert:
    5         Section 2. Section 403.9335, Florida Statutes, is created
    6  to read:
    7         403.9335Short title.—Sections 403.9335-403.9338 may be
    8  cited as the “Protection of Urban and Residential Environments
    9  and Water Act.”
   10         Section 3. Section 403.9336, Florida Statutes, is created
   11  to read:
   12         403.9336Legislative findings.—The Legislature finds that
   13  the implementation of the Model Ordinance for Florida-Friendly
   14  Fertilizer Use on Urban Landscapes (2008), which was developed
   15  by the department in conjunction with the Florida Consumer
   16  Fertilizer Task Force, the Department of Agriculture and
   17  Consumer Services, and the University of Florida Institute of
   18  Food and Agricultural Sciences, will assist in protecting the
   19  quality of Florida’s surface water and groundwater resources.
   20  The Legislature further finds that local conditions, including
   21  variations in the types and quality of water bodies, site
   22  specific soils and geology, and urban or rural densities and
   23  characteristics, necessitate the implementation of additional or
   24  more stringent fertilizer-management practices at the local
   25  government level.
   26         Section 4. Section 403.9337, Florida Statutes, is created
   27  to read:
   28         403.9337Model Ordinance for Florida-Friendly Fertilizer
   29  Use on Urban Landscapes.—
   30         (1)All county and municipal governments are encouraged to
   31  adopt and enforce the Model Ordinance for Florida-Friendly
   32  Fertilizer Use on Urban Landscapes or an equivalent requirement
   33  as a mechanism for protecting local surface and groundwater
   34  quality.
   35         (2)Each county and municipal government located within the
   36  watershed of a water body or water segment that is listed as
   37  impaired by nutrients pursuant to s. 403.067 must, at a minimum,
   38  adopt the Model Ordinance for Florida-Friendly Fertilizer Use on
   39  Urban Landscapes. However, a county or municipal government may
   40  adopt additional or more stringent provisions than the model
   41  ordinance if:
   42         (a)The county or municipality, as part of a comprehensive
   43  program to address nonpoint sources of nutrient pollution which
   44  is science-based and economically and technically feasible, has
   45  demonstrated that additional or more stringent provisions are
   46  necessary to adequately address the contribution of urban
   47  fertilizer to nonpoint source nutrient loading to a water body.
   48         (b)The county or municipality documents that it has
   49  considered all relevant scientific information, including input
   50  from the department, the Department of Agriculture and Consumer
   51  Services, and the University of Florida Institute of Food and
   52  Agricultural Sciences, if provided, on the need for additional
   53  or more stringent provisions to address fertilizer use as a
   54  contributor to water quality degradation. All documentation must
   55  become part of the public record before adoption of the
   56  additional or more stringent criteria.
   57         (3)Any county or municipal government that adopted its own
   58  fertilizer-use ordinance before January 1, 2009, is exempt from
   59  the provisions of this section. Ordinances adopted or amended on
   60  or after January 1, 2009, must substantively conform to the most
   61  recent version of the model fertilizer ordinance and are subject
   62  to sections (1) and (2), as applicable.
   63         (4)This section does not apply to the use of fertilizer on
   64  farm operations as defined in s. 823.14 or on lands classified
   65  as agricultural lands pursuant to s. 193.461.
   66         Section 5. Section 403.9338, Florida Statutes, is created
   67  to read:
   68         403.9338Training.—
   69         (1)The department, in cooperation with the Institute of
   70  Food and Agricultural Sciences, shall:
   71         (a)Provide training and testing programs in urban
   72  landscape best-management practices and may issue certificates
   73  demonstrating satisfactory completion of training.
   74         (b)Approve training and testing programs that are
   75  equivalent to or more comprehensive than the training provided
   76  by the department in paragraph (a). Such programs must be
   77  reviewed and reapproved by the department if significant changes
   78  are made. Currently approved programs must be reapproved by July
   79  1, 2010.
   80         (2)After receiving a certificate demonstrating successful
   81  completion of a department or department-approved training
   82  program under this section, a person may apply to the Department
   83  of Agriculture and Consumer Services to receive a limited
   84  certification for urban landscape commercial fertilizer
   85  application under s. 482.1562. A person possessing such
   86  certification is not subject to additional local testing.
   87         Section 6. Present subsections (6) through (27) of section
   88  482.021, Florida Statutes, are renumbered as subsections (7)
   89  through (28), respectively, present subsection (28) is
   90  renumbered as subsection (30), and new subsections (6) and (29)
   91  are added to that section, to read:
   92         482.021 Definitions.—For the purposes of this chapter, and
   93  unless otherwise required by the context, the term:
   94         (6)“Commercial fertilizer application” means the
   95  application of fertilizer for payment or other consideration to
   96  property not owned by the person or firm applying the fertilizer
   97  or the employer of the applicator.
   98         (29)“Urban landscape” means pervious areas on residential,
   99  commercial, industrial, institutional, highway rights-of-way, or
  100  other nonagriculture lands that are planted with turf or
  101  horticultural plants. For the purposes of this section
  102  agriculture has the same meaning as in s. 570.02.
  103         Section 7. Section 482.1562, Florida Statutes, is created
  104  to read:
  105         482.1562Limited certification for urban landscape
  106  commercial fertilizer application.—
  107         (1)To provide a means of documenting and ensuring
  108  compliance with best-management practices for commercial
  109  fertilizer application to urban landscapes, the department shall
  110  establish a limited certification for urban landscape commercial
  111  fertilizer application.
  112         (2) Beginning January 1, 2014, any person applying
  113  commercial fertilizer to an urban landscape must be certified
  114  under this section.
  115         (3)To obtain a limited certification for urban landscape
  116  commercial fertilizer application, an applicant must submit to
  117  the department:
  118         (a)A copy of the training certificate issued pursuant to
  119  s. 403.9338.
  120         (b)A certification fee set by the department in an amount
  121  of at least $25 but not more than $75. Until the fee is set by
  122  rule, the fee for certification is $25.
  123         (4)A limited certification for urban landscape commercial
  124  fertilizer application issued under this section expires 4 years
  125  after the date of issuance. Before applying for recertification
  126  under subsection (5), the applicant must complete 4 classroom
  127  hours of acceptable continuing education, of which at least 2
  128  hours address fertilizer best-management practices.
  129         (5)An application for recertification must be made at
  130  least 90 days before the expiration of the current certificate
  131  and be accompanied by:
  132         (a)Proof of having completed the 4 classroom hours of
  133  acceptable continuing education required under subsection (4).
  134         (b)A recertification fee set by the department in an
  135  amount of at least $25 but not more than $75. Until the fee is
  136  set by rule, the fee for certification is $25.
  137         (6)A late renewal charge of $50 per month shall be
  138  assessed 30 days after the date the application for
  139  recertification is due and must be paid in addition to the
  140  renewal fee. Unless timely recertified, a certificate
  141  automatically expires 90 days after the recertification date.
  142  Upon expiration, a certificate may be issued only upon
  143  reapplying in accordance with section (3).
  144         (7)Certification under this section does not authorize:
  145         (a)The application of pesticides to turf or ornamentals,
  146  including pesticide fertilizer mixtures;
  147         (b)The operation of a pest control business; or
  148         (c)The application of pesticides or fertilizers by
  149  unlicensed or uncertified personnel under the supervision of the
  150  certified person.
  151         (8)The department may provide information concerning the
  152  certification status of persons certified under this section to
  153  other local and state governmental agencies. The department is
  154  encouraged to create an on-line data base that lists all persons
  155  certified under this section.
  156         (9)Yard workers who apply fertilizer only to individual
  157  residential properties using fertilizer and equipment provided
  158  by the residential property owner or resident are exempt from
  159  the requirements of this section.
  160         (10)The department may adopt rules to administer this
  161  section.
  162  
  163  ================= T I T L E  A M E N D M E N T ================
  164         And the title is amended as follows:
  165         Delete line 13
  166  and insert:
  167         funds raised through penalties imposed; creating s.
  168         403.9335, F.S.; providing a short title; creating s.
  169         403.9336, F.S.; providing legislative findings;
  170         creating s. 403.9337, F.S.; encouraging county and
  171         municipal governments to adopt and enforce the Model
  172         Ordinance for Florida-Friendly Fertilizer Use on Urban
  173         Landscapes or an equivalent requirement as a mechanism
  174         for protecting local surface water and groundwater
  175         quality; requiring a county government or municipal
  176         government located within the watershed of a water
  177         body or water segment that is listed by the Department
  178         of Environmental Protection as impaired to adopt the
  179         model ordinance; providing that additional or more
  180         stringent provisions may be adopted under certain
  181         circumstances; providing a timeframe for adopting the
  182         model ordinance; providing exceptions; creating s.
  183         403.9338, F.S.; requiring the department to establish
  184         and approve training and testing programs providing
  185         urban landscape best-management practices; providing
  186         that such training authorizes a person to apply for a
  187         limited certification for urban landscape commercial
  188         fertilizer application issued by the Department of
  189         Agriculture and Consumer Services; providing that a
  190         person having such certification is not subject to
  191         additional local testing; amending s. 482.021, F.S.;
  192         defining the terms “commercial fertilizer application”
  193         and “urban landscape”; creating s. 482.1562, F.S.;
  194         providing for limited certification for urban
  195         landscape commercial fertilizer application provided
  196         by the Department of Agriculture and Consumer
  197         Services; requiring such certification in order to
  198         commercially apply fertilizer, beginning on a certain
  199         date; providing requirements and fees; providing for
  200         expiration and renewal; authorizing the department to
  201         provide information concerning persons who are
  202         certified; providing for exceptions to the
  203         requirements of certification; authorizing the
  204         department to adopt rules; providing an