Bill Text: FL S2546 | 2010 | Regular Session | Introduced

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Bill Title: Model Ordinance For Fertilizer Use [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Environmental Preservation and Conservation [S2546 Detail]

Download: Florida-2010-S2546-Introduced.html

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Florida Senate - 2010                                    SB 2546 
 
By Senator Baker 
20-01367C-10                                          20102546__ 
1                        A bill to be entitled 
2         An act relating to the model ordinance for fertilizer 
3         use; amending s. 403.9336, F.S.; revising a reference 
4         to the Model Ordinance for Florida-Friendly Fertilizer 
5         Use on Urban Landscapes; amending s. 403.9337, F.S.; 
6         revising the criteria for a local government’s 
7         adoption of more stringent standards; providing an 
8         effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Section 403.9336, Florida Statutes, is amended 
13  to read: 
14         403.9336 Legislative findings.—The Legislature finds that 
15  the implementation of the Model Ordinance for Florida-Friendly 
16  Fertilizer Use on Urban Landscapes (2009) (2008), which was 
17  developed by the department in conjunction with the Florida 
18  Consumer Fertilizer Task Force, the Department of Agriculture 
19  and Consumer Services, and the University of Florida Institute 
20  of Food and Agricultural Sciences, will assist in protecting the 
21  quality of Florida’s surface water and groundwater resources. 
22  The Legislature further finds that local conditions, including 
23  variations in the types and quality of water bodies, site 
24  specific soils and geology, and urban or rural densities and 
25  characteristics, may necessitate the implementation of 
26  additional or more stringent fertilizer management practices at 
27  the local government level. 
28         Section 2. Subsection (2) of section 403.9337, Florida 
29  Statutes, is amended to read: 
30         403.9337 Model Ordinance for Florida-Friendly Fertilizer 
31  Use on Urban Landscapes.— 
32         (2) Each county and municipal government located within the 
33  watershed of a water body or water segment that is listed as 
34  impaired by nutrients pursuant to s. 403.067, must shall, at a 
35  minimum, adopt the department’s Model Ordinance for Florida 
36  Friendly Fertilizer Use on Urban Landscapes within 6 months 
37  after being listed. For those counties that currently have a 
38  listed water body or water segment, such adoption must be 
39  completed by January 1, 2011. A local government may adopt 
40  additional or more stringent standards than the model ordinance 
41  if, before adoption, the following criteria are met: 
42         (a) The local government has implemented demonstrated, as 
43  part of a comprehensive program to address nonpoint sources of 
44  nutrient pollution and a component of that program requires 
45  which is science-based, and economically and technically 
46  feasible, that additional or more stringent standards than the 
47  model ordinance are necessary in order to adequately address 
48  urban fertilizer contributions to nonpoint source nutrient 
49  loading to a water body. A comprehensive program, adopted after 
50  January 1, 2010, must document in the public record the need for 
51  more stringent standards, including scientific documentation of 
52  the vulnerability of the waters within the local government’s 
53  jurisdiction to nutrient enrichment due to landforms, soils, 
54  hydrology, climate, or geology. The comprehensive program may 
55  include: 
56         1. Nonpoint source activities adopted as part of a basin 
57  management plan developed pursuant to s. 403.067(7); 
58         2. Adoption of Florida-friendly landscaping requirements, 
59  as provided in s. 373.185, into the local government’s 
60  development code; and 
61         3. The requirement for and enforcement of the 
62  implementation of low-impact development practices. 
63         (b) The local government documents that it has requested 
64  and considered all relevant scientific information, including 
65  input from the department, the institute, the Department of 
66  Agriculture and Consumer Services, and the University of Florida 
67  Institute of Food and Agricultural Sciences, if provided, on the 
68  need for additional or more stringent provisions to address 
69  fertilizer use as a contributor to water quality degradation. 
70  All documentation must become part of the public record before 
71  adoption of the additional or more stringent criteria. 
72         Section 3. This act shall take effect July 1, 2010.