History:
In 2007, the Florida Legislature created the Florida Consumer Fertilizer Task Force (the “Task Force”) to develop recommendations for statewide policies and programs regarding consumer fertilizer use. Task Force members were appointed by the President of the Senate, Speaker of the House, Commissioner of Agriculture, Florida League of Cities and the Florida Association of Counties, and comprised a wide range of stakeholder interests and technical qualifications. Staffing and support was provided by the Florida Department of Agriculture and Consumer Services (DACS).
The Task Force held a series of public meetings and developed recommendations including guidelines and standards for fertilizer use. The recommendations also proposed a Model Ordinance regulating the use of non-agricultural fertilizer, with local governments having the authority to adopt additional or more stringent provisions provided they can demonstrate at least one of the following criteria: i) the presence of impaired waters and either existing or possible Total Maximum Daily Load (TMDL) requirements; ii) verified harm to human health or the environment that warrants additional regulation; or iii) the improvement of water quality or the prevention of future impacts of fertilizer on the environment.
In 2009, the Florida Legislature passed SB 494 relating to water conservation. Among other things, the bill directed the Department of Environmental Protection (DEP) to adopt and enforce a Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes by January 15, 2010. This Model Ordinance was intended to regulate the proper use of fertilizers; require training of commercial and institutional applicators and provide specific licensing requirements; establish a “Prohibited Application Period” and provide for allowable application rates and fertilizer-free zones.
As enacted, Section 403.9337, Florida Statutes, “encourages” adoption and enforcement of the Model Ordinance by local governments, but “requires” its adoption by local governments located in areas where surface waters are impaired by nutrients. Current law also allows local governments to adopt more stringent standards if it has been demonstrated that: a) additional or more stringent standards are necessary to adequately address fertilizer contributions to nutrient loading in water bodies; and b) it has considered all relevant scientific information, including input from the DEP, DACS, and the University of Florida’s Institute of Food and Agricultural Sciences (IFAS).
2011 Legislative Session
Companion bills (HB 457- Ingram and SB 606 – Evers), as originally filed, preempted all aspects of fertilizer regulation to the state, including the “sale, composition, formulation, packaging, use, application and distribution of fertilizer.” By preempting the use and application, local governments would not be able to address nutrient enrichment in local water bodies from fertilizer contributions. The original bills also removed the legislative intent in the statute, which finds that “local conditions, including variations in the types and quality of water bodies, site-specific soils and geology, and urban or rural densities and characteristics, may necessitate the implementation of additional or more stringent fertilizer management practices at the local government level.” In accordance, the bills then deleted the provision allowing local governments to adopt additional or more stringent standards, and the criteria for doing so.
FAC and its allied partners worked tirelessly to gain support for amendments that would: a) grandfather existing fertilizer ordinances; b) retain the original legislative intent; and c) allow counties to adopt additional or more stringent standards if those standards are supported by water quality or other scientific data. As amended the bill would have preempted the sale, composition, packaging, labeling, retail and wholesale distribution, and formulation, including nutrient content level and release rates, but not the use and application of fertilizer.
Toward the end of Session, FAC was advised that representatives of the fertilizer service industry were working on a separate amendment which would exempt from regulation all “professional applicators.” FAC and its partners worked with these representatives to ameliorate the impact of such an exemption by limiting the scope of the exemption to the prohibited application period (or rainy season). Compromise language provided statutory application requirements (imminent rain prohibitions, minimum setback distances and fertilizer free zones, fertilization rates established by rule, and the use of deflector shields) and enforcement capability.
Although the applicator exemption amendment was never filed, the possibility of such an amendment required FAC to also work with Representative Crisafulli and Senator Siplin on their Agriculture Bill (passed as HB 7215), which included a provision that would rescind the grandfather privilege if a county was to amend an existing fertilizer ordinance. This provision was ultimately removed from the Agriculture Bill, and replaced with the agreed-upon preemption language in the amendments to HB 457 (that is, only the preemption of the “sale, composition, packaging, labeling, retail and wholesale distribution, and formulation, including nutrient content level and release rates”).
Although HB 457 was passed by the full House, the Senate bill died in committee. Consequently, there is no substantive change in legislative intent or the ability of local governments to adopt additional or more stringent standards.
To view HB 457 click
here.
To view SB 606 click
here.
To view FAC's policy statements click
here.