Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for CS for SB 494 Barcode 475528 LEGISLATIVE ACTION Senate . House Comm: WD . 04/15/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 7 403.9335 Short 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: 12 403.9336 Legislative 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: 28 403.9337 Model 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: 68 403.9338 Training.— 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: 105 482.1562 Limited 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