Florida Senate - 2026                                     SB 544
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00768-26                                            2026544__
    1                        A bill to be entitled                      
    2         An act relating to golf courses; transferring,
    3         renumbering, and amending s. 403.9339, F.S.; providing
    4         a short title; providing legislative findings and
    5         intent regarding golf course best management practices
    6         certification; defining the term “department”;
    7         conforming cross-references; providing for a type two
    8         transfer of the Golf Course Best Management Practices
    9         Certification program in the Department of
   10         Environmental Protection to the Department of
   11         Agriculture and Consumer Services; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 403.9339, Florida Statutes, is
   17  transferred, renumbered as section 604.75, Florida Statutes, and
   18  amended to read:
   19         604.75 403.9339 Golf course best management practices
   20  certification.—
   21         (1)SHORT TITLE.—This section shall be known and may be
   22  cited as the “Golf Course Best Management Practices
   23  Certification Act.”
   24         (2)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   25  that, due to the foundational agricultural nature of golf
   26  courses and since the Department of Agriculture and Consumer
   27  Services oversees best management practices programs for sod
   28  growing operations and for the green industry, it is appropriate
   29  for the department to oversee golf course best management
   30  practices certification. Certified participants must abide by
   31  the best management practices governing the application of
   32  fertilizer on sod.
   33         (3)DEFINITIONS.—As used in this section, the term
   34  “department” means the Department of Agriculture and Consumer
   35  Services.
   36         (4)(1) To provide a means of documenting and ensuring
   37  compliance with best management practices for fertilizer
   38  application to golf courses, the turfgrass science program at
   39  the University of Florida Institute of Food and Agricultural
   40  Sciences, in coordination with the department, shall administer
   41  a certification for golf course best management practices.
   42         (5)(2) The turfgrass science program, in cooperation with
   43  the department, shall:
   44         (a) Provide training and testing programs in golf course
   45  best management practices and may issue certificates
   46  demonstrating satisfactory completion of the training.
   47         (b) Approve training and testing programs in golf course
   48  best management practices that are equivalent to or more
   49  comprehensive than the programs provided by the turfgrass
   50  science program under this subsection paragraph (a). Such
   51  programs must be reviewed and reapproved by the turfgrass
   52  science program if significant changes are made.
   53         (6)(3) To obtain a golf course best management practices
   54  certification, an applicant must submit to the turfgrass science
   55  program a copy of the training certificate issued under
   56  subsection (5) subsection (2).
   57         (7)(4) A golf course best management practices
   58  certification issued under this section expires 4 years after
   59  the date of issuance. Upon expiration of the certification, or
   60  after a grace period of not more than 30 days after the
   61  expiration date, a recertification may be issued.
   62         (8)(5) To obtain a golf course best management practices
   63  recertification, an applicant must submit to the turfgrass
   64  science program proof of having completed 8 classroom hours of
   65  continuing education, of which at least 2 hours must address
   66  fertilizer best management practices.
   67         (9)(6) A person certified under this section is exempt
   68  from:
   69         (a) Additional local training.
   70         (b) Local ordinances relating to water and fertilizer use
   71  blackout periods or restrictions, unless a state of emergency is
   72  declared. The certified person must continue to coordinate with
   73  the local government to ensure that he or she adheres to the
   74  comprehensive best management practices for that specific
   75  community.
   76         (10)(7) This section does not exempt a person certified
   77  under this section from complying with the rules and
   78  requirements for basin management action plans set forth in s.
   79  403.067(7) if the golf course is located in an area within a
   80  basin management action plan.
   81         (11)(a)(8)(a) The turfgrass science program may provide the
   82  certification status of persons certified under this section to
   83  local and state governmental entities.
   84         (b) The turfgrass science program is encouraged to create a
   85  registry of persons certified under this section on its website.
   86         Section 2. Type two transfer from the Department of
   87  Environmental Protection.—
   88         (1)All powers, duties, functions, records, offices,
   89  personnel, associated administrative support positions,
   90  property, pending issues, existing contracts, administrative
   91  authority, administrative rules, and unexpended balances of
   92  appropriations, allocations, and other funds relating to the
   93  Golf Course Best Management Practices Certification program
   94  within the Department of Environmental Protection are
   95  transferred by a type two transfer, as defined in s. 20.06(2),
   96  Florida Statutes, to the Department of Agriculture and Consumer
   97  Services.
   98         (2)Any binding contract or interagency agreement existing
   99  before July 1, 2026, between the Department of Environmental
  100  Protection, or an entity or agent of the department, and any
  101  other agency, entity, or person relating to the Golf Course Best
  102  Management Practices Certification program shall continue as a
  103  binding contract or agreement for the remainder of the term of
  104  such contract or agreement on the successor entity responsible
  105  for the program, activity, or functions relative to the contract
  106  or agreement.
  107         Section 3. This act shall take effect July 1, 2026.