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Fertilizer and Landscape Management Ord

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					                    DRAFT MODEL ORDINANCE TEMPLATE                                                         Formatted: Font: 14 pt


INSTRUCTIONS: Please review the Draft Model Ordinance and make a list of any                               Formatted: Font: Garamond, Bold
concerns you may have with provisions of the documents 14 headings/topical issues. Please                  Formatted: Font: Garamond, Bold
draft proposed language to address your concerns. Send to Bob Jones at: rmjones@fsu.edu                    Formatted: Font: Garamond, Bold
Please return by Wednesday, November 28, 2007.                                                             Formatted: Font: Garamond
                                                                                                           Formatted: Font: Garamond, Bold
          FLORIDA FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES                                              Formatted: Font: Garamond, Bold
                           MODEL ORDINANCE
                                                                                                           Formatted: Normal, Left, Right: 0", Line
                                                                                                           spacing: single
                                        INTRODUCTION                                                       Formatted: Font: Garamond, Bold
                                                                                                           Formatted: Font: 14 pt
The attached model Fertilizer Use ordinance is another tool to reduce sources of nutrients coming          Formatted: Font: Garamond
from urban landscapes to reduce the impact of nutrients on Florida’s surface and ground waters.
However, restricting fertilizer use by itself will not minimize the impacts of nutrients from urban
landscapes. Local governments are advised they should also review their existing Land
Development Regulations to assure they promote “Low Impact Design”, which minimizes clearing
of natural vegetation and the compaction of urban soils. A Model Springs Protection Code is being
developed by DCA, DEP, and other stakeholders that will include specific Land Development
Regulation recommendations that promote Low Impact Design. This Model Code will be available
in 2008.

Additionally, landscape design is a major determinant in the amount of fertilizer and irrigation that is
needed to maintain healthy urban landscapes and minimize adverse impacts on water resources. A
model Landscape Ordinance entitled “Guidelines for Model Ordinance Language for Protection of
Water Quality and Quantity Using Florida Friendly Lawns and Landscapes” was developed by a
group of agencies, industries, and interest groups over a two year period. It is fundamentally an
adaptation of earlier water conservation ordinances revised to include water quality protections for
compliance with TMDL and NPDES requirements. The language focuses on continuing education
of lawn care and landscape professionals, proper planning and oversight during development and
construction, and the use of best management practices, including the Florida Yards and
Neighborhoods Program. This model ordinance may be downloaded from:
http://www.dep.state.fl.us/water/nonpoint/pubs.htm#Model%20Ordinances.                                     Field Code Changed
                                                                                                           Formatted: Font: Garamond
Finally, the 2004 Florida Legislature directed Florida’s water management districts to work with           Formatted: Font: Garamond
interested parties to develop landscape irrigation and Florida-Friendly design standards for new
construction (section 373.228, F.S.). Local governments are to use the standards and guidelines
when developing landscape irrigation and Florida-Friendly ordinances. The Committee on
Landscape Irrigation and Florida-Friendly Design Standards convened and developed the standards.
They are published in a booklet called Landscape Irrigation and Florida Friendly Design Standards
(December 2006). This document can be downloaded from:
http://www.dep.state.fl.us/water/waterpolicy/land_irr.htm




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1. FINDINGS                                                                                                      Formatted: Font: Bold, Underline
As a result of impairment to (MUNICIPALITY / COUNTY)’S surface waters caused by excessive                        Formatted: Underline
nutrients under the Florida Impaired Waters Rule, or, as a result of increasing levels of nitrogen in            Formatted: Font: Bold, Underline
the surface and/or ground water within the aquifers or springs within the boundaries of                          Formatted: Font: Garamond
(municipality/county) the governing body of (municipality / county) has determined that the use of               Formatted: AOrdinance, Right: 0", Line
fertilizers on lands within (municipality / county) create a particularly high risk to contributing to           spacing: single
adverse effects on surface and/or ground water. Accordingly, the governing board of                              Formatted: Font: Garamond, All caps
(municipality/county) finds that more restrictive measures than are otherwise required by the most               Formatted: Font: Garamond
recent edition of the “Florida Green Industries Best Management Practices for Protection of Water Resources in
Florida, June 2002,”, shall be required by this ordinance.

                                                                                                                 Formatted: Font: Garamond




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                           MODEL ORDINANCE NO. 20XX -000                                               Formatted: Font: Garamond


         FLORIDA FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES
                          MODEL ORDINANCE

   1.TITLE                                                                                             Formatted: Bullets and Numbering


       AN ORDINANCE REGULATING THE USE OF FERTILIZERS
       CONTAINING     NITROGEN   AND/OR     PHOSPHORUS     WITHIN
       (MUNICIPALITY / COUNTY); ESTABLISHING FINDINGS OF FACT;
       PROVIDING SHORT TITLE; PROVIDING PURPOSE AND INTENT;
       PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY
       WITHIN UNINCORPORATED (MUNICIPALITY / COUNTY) BUT
       ALLOWING MUNICIPALITIES TO ADOPT SAME PROVISIONS;
       PROVIDING FOR TIMING OF FERTILIZER APPLICATION; SPECIFYING
       FERTILIZER CONTENT AND APPLICATION RATE; PROHIBITING
       FERTILIZER ON IMPERVIOUS SURFACES; REQUIRING FERTILIZER-
       FREE ZONES; REQUIRING LOW MAINTENANCE ZONES; SPECIFYING
       MODE OF APPLICATION; SPECIFYING MANAGEMENT OF GRASS
       CLIPPINGS AND VEGETATIVE MATERIAL; PROVIDING FOR
       EXEMPTIONS; REQUIRING TRAINING AND LICENSING OF
       COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT AND
       PENALTY; PROVIDING FOR CODIFICATION; PROVIDING FOR
       SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, INCLUDING
       AN IMPLEMENTATION PERIOD.

2. WHEREAS FINDINGS OF FACT

    WHEREAS, this ordinance is part of a multi-pronged effort by (MUNICIPALITY /
COUNTY) to reduce nutrient runoff to surface waters and leaching into ground water through such
policies as, but not limited to, stormwater management, water conservation, conversion from septic
systems to central sewage treatment, public education, and development standards as set forth in the
(MUNICIPALITY / COUNTY) Land Development Regulations; and

    WHEREAS, the detrimental effects of nutrient-laden runoff and leaching are magnified in a
coastal/lake/springshed community such as (MUNICIPALITY / COUNTY), due to the proximity
of stormwater and drainage conveyances to coastal/surface/ground waters; and

     WHEREAS, leaching and runoff of nutrients from improper or excess fertilization and/or
irrigation practices can contribute to nitrogen and phosphorus pollution in the
(MUNICIPALITY/COUNTY) stormwater and drainage conveyances, springs, and other natural
water bodies; and

   WHEREAS, nutrient-laden leaching and runoff foster plant and algae growth; and



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    WHEREAS, nitrogen and phosphorus pollution in the (MUNICIPALITY/COUNTY)
stormwater and drainage conveyances, and natural water bodies leads to the overgrowth of
vegetation in these water bodies; and

    WHEREAS, the quality of our bays, estuaries, springs, streams, lakes, and the Gulf of
Mexico/Atlantic Ocean is critical to environmental, economic, and recreational prosperity and to the
health, safety, and welfare of the citizens of (MUNICIPALITY / COUNTY); and

    WHEREAS, the Florida Department of Environmental Protection has identified specific water
bodies in (MUNICIPALITY / COUNTY) as “impaired” as a result of excess nutrients under the
Florida Impaired Waters Rule (Chapter 62-303, Florida Administrative Code); and [Guidance:, if
applicable]

    WHEREAS, surface water runoff leaves residential neighborhoods, commercial centers,
industrial areas, and other lands of (MUNICIPALITY / COUNTY) with low permeability soils; and

    WHEREAS, baseflow runoff flows from residential neighborhoods, commercial centers,
industrial areas, and other lands of (MUNICIPALITY / COUNTY) with high permeability soils or
high water tables; and

   WHEREAS, surface water and baseflow runoff enter into natural and constructed stormwater
and drainage conveyances and natural water bodies in (MUNICIPALITY / COUNTY); and

    WHEREAS, (MUNICIPALITY / COUNTY)’s natural and constructed stormwater and
drainage conveyances regulate the flow of stormwater to prevent flooding; and

    WHEREAS, the overgrowth of vegetation in stormwater and drainage conveyances hinders the
goal of flood prevention; and

    WHEREAS, nutrients are commonly found in various forms as a Fertilizer for turf and
landscape application; and

    WHEREAS, the type of chemical and physical Fertilizer characteristics, amount applied, timing
of application, and the method of application of that Fertilizer have a large impact on the potential
for creating pollution; and

    WHEREAS, the amount of Fertilizer applied should be the minimum necessary for the turf and
landscape to meet initial establishment and maintenance needs; and

      WHEREAS, it is generally recognized that many Florida soils are naturally high in phosphorus;
and

    WHEREAS, it has been recognized by soil science professionals that the use of slow release
nitrogen sources may minimize harmful nitrate leaching under certain conditions ; and



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     WHEREAS, nitrogen from slow release sources is more likely to be used by plants and less
likely to leach or wash away in stormwater runoff from heavy rainfall events or over-irrigation.

THEREFORE, BE IT ORDAINED BY THE GOVERNING BOARD OF THE OF
(MUNICIPALITY / COUNTY), FLORIDA:

3. SHORT TITLE
This ordinance shall be known and may be referred to as the (CITY/COUNTY of _____)
Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes.

4. AUTHORITY

This ordinance is adopted by the (MUNICIPALITY/COUNTY of ____) under its home rule
powers, its police powers to protect the public health, safety, and welfare, and under powers
pursuant to the authority granted by Sections 125.568 (Counties) and 166.048 (Cities), Florida
Statutes, in order to implement and enforce the standards, rules, and regulations set forth herein.

5. FINDINGS OF FACT

As a result of impairment to (MUNICIPALITY / COUNTY)’S surface waters caused by excessive
nutrients under the Florida Impaired Waters Rule, OR,
As a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or
springs within the boundaries of (MUNICIPALITY/COUNTY) the GOVERNING BODY OF
(MUNICIPALITY / COUNTY) has determined that the use of fertilizers on lands within
(MUNICIPALITY / COUNTY) create a particularly high risk to contribute to adverse effects on
surface and/or ground water.                    Accordingly, the GOVERNING BOARD OF
(MUNICIPALITY/COUNTY) finds that more restrictive measures than are otherwise required by
the “Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, June 2002,”
as revised, shall be required by this ordinance. [Guidance: if applicable. Pay particular attention to the date
and title of the document. FDEP intends to update this manual and the training program in 2008-2009.}



26. PURPOSE AND INTENT                                                                                              Formatted: Font: Garamond


This Ordinance regulates the proper use of Fertilizers by any Applicator; requires proper training of
Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements;
establishes a Prohibited and Restricted Application Period; specifies allowable fertilizer application
rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The Ordinance
requires the use of Best Management Practices which provide specific management guidelines to
minimize negative secondary and cumulative environmental effects associated with the misuse of
Fertilizers.    These secondary and cumulative effects have been observed in and on
(MUNICIPALITY / COUNTY)’s natural and constructed stormwater and drainage conveyances,
rivers, creeks, canals, springs, lakes, estuaries and other water bodies. [Guidance: as appropriate]
Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and


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economic well-being of (MUNICIPALITY / COUNTY) residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by
natural and constructed stormwater and drainage conveyances. Regulation of nutrients, including
both phosphorus and nitrogen contained in Fertilizer, will help improve and maintain water and
habitat quality.

37. DEFINITIONS                                                                                                   Formatted: Font: Garamond


For this Article, the following terms shall have the meanings set forth in this section unless the
context clearly indicates otherwise.

“Administrator” means the (MUNICIPALITY / COUNTY) Administrator, or an administrative
official of (MUNICIPALITY / COUNTY) government designated by the City/County
Administrator to administer and enforce the provisions of this Article.

“Application” or “Apply” means the actual physical deposit of Fertilizer to Turf or Landscape
Plants.

“Applicator” means any Person who applies Fertilizer on Turf and/or Landscape Plants in
(MUNICIPALITY / COUNTY).

“Board or Governing Board” means the Board of City/County Commissioners of
(MUNICIPALITY / COUNTY), Florida.

“Best Management Practices” means turf and landscape practices or combination of practices based
on research, field-testing, and expert review, determined to be the most effective and practicable on-
location means, including economic and technological considerations, for improving water quality,
conserving water supplies and protecting natural resources.

“Code Enforcement Officer, Official, or Inspector” means any designated employee or agent of
(MUNICIPALITY / COUNTY) whose duty it is to enforce codes and ordinances enacted by
(MUNICIPALITY / COUNTY).

“Commercial Fertilizer Applicator” means any Person who applies Fertilizer on Turf and/or
Landscape Plants in (MUNICIPALITY / COUNTY) in exchange for money, goods, services or
other valuable consideration.

“Fertilize,” “Fertilizing,” or “Fertilization” means the act of applying Fertilizer to Turf, specialized
Turf, or Landscape Plant.

“Fertilizer” means any substance or mixture of substances, except pesticide/fertilizer mixtures such
as “weed and feed” products, that contains one or more recognized plant nutrients and promotes
plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides
other corrective measures to the soil. [Guidance: Regulation of pest control businesses and applicators, and of
pesticide use, is preempted to the Florida Department of Agriculture and Consumer Services (FDACS) by Chapters
482.242, and 487.051 (2), F.S. and suspected pesticide misuse should be reported to FDACS. Weed and feed
products are registered pesticides. The Limited Commercial Landscape Maintenance Certification Program does not


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allow landscape maintenance workers to make any kind of pesticide applications (including weed control and/or weed
and feed products) to any turf areas. Per 482.165(3) F.S., the penalty for unlicensed application of pesticides,
including weed and feed products, may not be less than $500 or more than $5,000 for each offense. ]

“Guaranteed Analysis” means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a Fertilizer.

“Institutional Applicator” means any Person, other than a non-commercial or commercial
Applicator (unless such definitions also apply under the circumstances), that applies Fertilizer for the
purpose of maintaining Turf and/or Landscape Plants. Institutional Applicators shall include, but
shall not be limited to, owners and managers of public lands, schools, parks, religious institutions,
utilities, industrial or business sites and any residential properties maintained in condominium
and/or common ownership.

“Landscape Plant” means any native or exotic tree, shrub, or groundcover (excluding Turf).

“Low Maintenance Zone” means an area a minimum of six (6) feet wide adjacent to water courses
which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

“Pasture” means land used for livestock grazing that is managed to provide feed value.

“Person” means any natural Person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and/or any group of people acting as an
organized entity.

“Prohibited Application Period” means the time period during which a Flood Watch or Warning, or
a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning, or a 3-day Cone of
Uncertainty is in effect for any portion of (CITY/COUNTY), issued by the National Weather
Service.

“Restricted Application Period” means the rainy season period between June 1 and September 30.

“(MUNICIPALITY / COUNTY) Approved Best Management Practices Training Program” means
a training program approved by the (MUNICIPALITY / COUNTY) Administrator that includes at
a minimum, the most current version of the Florida Department of Environmental Protection’s
“Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, June 2002,” as
revised and any more stringent requirements set forth in this Article.

“Slow Release,” “Controlled Release,” “Timed Release,” “Slowly Available,” or “Water Insoluble
Nitrogen” means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick
release product.

“Specialized Turf Manager” means a Person responsible for Fertilizing or directing the Fertilization
of a golf course or athletic field. [Guidance: Some ordinances exempt only publicly owned facilities. Athletes
using fields at private schools, colleges, etc. are also at risk if fields are not properly maintained.]



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“Turf,” “Sod,” or “Lawn” means a piece of grass-covered soil held together by the roots of the
grass.

48. APPLICABILITY                                                                                                        Formatted: Underline
                                                                                                                         Formatted: Font: Garamond, Underline
This Ordinance shall be applicable to and shall regulate any and all Applicators of Fertilizer and                       Formatted: Font: Garamond
areas of application of Fertilizer within the area of (MUNICIPALITY / COUNTY), unless such
Applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of
this Ordinance.            This Ordinance shall be prospective only, and shall not impair any existing
contracts. [Guidance: Florida Statues 125.568(3), 166.048(3), and 373.185(3) provided that a deed
restriction or covenant entered after October 1, 2001, or local government ordinance, may not prohibit any property
owner from implementing Xeriscape or Florida-friendly landscape practices on his or her land. Any restrictions created
after this date are void.]

58. TIMING OF FERTILIZER APPLICATION                                                                                     Formatted: Font: Garamond


No Applicator shall apply Fertilizers containing nitrogen and/or phosphorus to Turf and/or
Landscape Plants during the Prohibited Application Period. During the Restricted Application
Period only one application of nitrogen and/or phosphorus, via a slow release fertilizer, may be
made to existing Turf or Landscape Plants. [Guidance: Iron, manganese, and other non-polluting
micronutrients, may be applied to improve turf color and health.]




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69. FERTILIZER CONTENT AND APPLICATION RATES                                                                      Formatted: Font: Garamond


(a) Fertilizers Applied to Turf and/or Landscape Plants within (MUNICIPALITY / COUNTY)
shall be applied in accordance with directions provided by Rule 5E-1.003(2), Florida Administrative
Code, Labeling Requirements For Urban Turf Fertilizers.
[Guidance: The requirement that specialty fertilizers such as 50% Slow Release Nitrogen per Guaranteed Analysis
Label be used should be justified by site specific conditions within the jurisdiction]

(b) Fertilizers should be applied to Turf and/or Landscape Plants at the lowest rate necessary.
Nitrogen shall not be applied at an application rate greater than 0.7 lbs of readily available nitrogen
per 1000 ft2 at any one time based on the soluble fraction of formulated fertilizer, with no more that
1 lb total N per 1000 ft2 to be applied at any one time and not to exceed the annual nitrogen
recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions
of Florida, set forth below:

         Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida
                                      Nitrogen recommendations
                                       (lbs N / 1000 ft2 / year)*
                        Species                 North Central South
                 _________________________________________________
                        Bahia grass 2-3         2-4     2-4
                 _________________________________________________
                        Bermuda grass           3-5     4-6     5-7
                        Centipede grass         1-2     2-3     2-3
_                _________________________________________________
                        St. Augustine grass     2-4     2-5     4-6
                 _________________________________________________
                        Zoysiagrass             3-5     3-6     4-6
                 _________________________________________________

*North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending
from Vero Beach to Tampa. South Florida includes the remaining southern portion of the state.

(c) For new turf or landscape plants that are being installed or established, a one-time use of starter
fertilizer as described in Rule 5E-1.003 shall be allowed at an application rate not to exceed 1.0 lb of
P2O5/1,000 ft2.

(d) No phosphorus Fertilizer shall be Applied to existing Turf and/or Landscape Plants within
(MUNICIPALITY / COUNTY) at application rates which exceed 0.25 lbs. P2O5/1,000 ft2 per
application nor exceed 0.50 lbs. P2O5/1,000 ft2 per year,




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(e) Nitrogen or phosphorus Fertilizer may not be applied to turf or landscape plants except as
provided above unless a soil or tissue deficiency has been verified by an approved soil test. [Additional
Guidance: Soil and tissue tests for phosphorus are normally done by UF/IFAS or another accredited laboratory.
FDEP has sponsored research (ca. 2007-2008) to compare several retail home test kits to IFAS extension lab
results for a wide variety of Florida soils. This may allow more convenient testing by homeowners, although
enforcement may be more difficult without written test results.]

710. IMPERVIOUS SURFACES                                                                                                Formatted: Font: Garamond


Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. Any
Fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface
shall be immediately and completely removed to the greatest extent practicable. Fertilizer released
on an impervious surface must be immediately contained and either legally applied to Turf or any
other legal site, or returned to the original or other appropriate container. In no case shall Fertilizer
be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or
water bodies.

811. FERTILIZER FREE ZONES                                                                                              Formatted: Font: Garamond


Fertilizer shall not be applied within ten (10) feet of any pond, stream, water course, lake, canal, or
wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340,
Florida Administrative Code) or from the top of a seawall. If more stringent (MUNICIPALITY /
COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the
more stringent regulations. Newly planted Turf and/or Landscape Plants may be fertilized in this
Zone only for the first sixty (60) day establishment period.

912. LOW MAINTENANCE ZONES                                                                                              Formatted: Font: Garamond


A voluntary six (6) foot low maintenance zone is strongly recommended, but not mandated, from
any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is
recommended for installation at the landward edge of this low maintenance zone to capture and
filter runoff. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this
provision does not relieve the requirement to adhere to the more stringent regulations. No mowed
or cut vegetative material shall be deposited or left remaining in this zone or deposited in the water.
Care should be taken to prevent the over-spray of aquatic weed products in this zone. [Guidance:
Care must be taken to ensure erosion of the surface soil does not occur. Excessive erosion may be a greater pollution
hazard than occasional proper applications of fertilizer.]

103. MODE OF APPLICATION                                                                                                Formatted: Font: Garamond


Spreader deflector shields are required when Fertilizing via broadcast spreaders. Deflectors must be
positioned such that Fertilizer granules are deflected away from all impervious surfaces, fertilizer-
free zones and water bodies, including wetlands.




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114. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER                                                              Formatted: Font: Garamond
                                                                                                                      Formatted: Font: Garamond
In no case shall grass clippings, vegetative material, and/or vegetative debris either intentionally or
accidentally, be washed, swept, or blown off into stormwater drains, ditches, conveyances, water
bodies, wetlands, or sidewalks or roadways.

125. EXEMPTIONS                                                                                                       Formatted: Font: Garamond


The provisions set forth above in this Ordinance shall not apply to:

(a) golf courses and athletic fields. For all golf courses, the provisions of the Florida Department of
Environmental Protection (FDEP) document, “BMPs for the Enhancement of Environmental Quality on Florida
Golf Courses, January 2007,” as updated, shall be followed when applying Fertilizer to golf courses. All
other Specialized Turf Managers shall use their best professional judgment to apply the concepts and
principles embodied in the “Florida Green Industries Best Management Practices for Protection of Water Resources in
Florida, June 2002”as revised, and the instructions in Rule 5E-1.003(2), Florida Administrative Code, while
maintaining the health and function of their Turf and Landscape Plants.

(b) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, Florida
Statutes, provided that fertilizers are applied in accordance with the appropriate Best Management
Practices Manual adopted by the Florida Department of Agriculture and Consumer Services, Office
of Agricultural Water Policy for the crop in question.

(c) other properties not subject to or covered under the Florida Right to Farm Act that have
Pastures used for grazing livestock provided that fertilizers are applied in accordance with the
appropriate Best Management Practices Manual adopted by the Florida Department of Agriculture
and Consumer Services, Office of Agricultural Water Policy for the crop in question.



136. TRAINING                                                                                                         Formatted: Font: Garamond


(a) All Applicators of Fertilizer within the unincorporated area of (MUNICIPALITY / COUNTY),
other than private homeowners on their own property, shall abide by and successfully complete the
DACS Chapter 482.156, F.S. Limited Commercial Landscape Maintenance Certificate (LCLM)
program, providing training and continuing education requirements in minimizing nitrogen leaching
and phosphorus runoff from fertilizer applicationsa (MUNICIPALITY / COUNTY) approved Best                             Formatted: Font: Garamond
Management Practices training program. This training shall include the most current version of the                    Formatted: Font: Garamond, Strikethrough
FDEP “Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, June
2002,” as revised and shall include the more stringent requirements set forth in this ordinance. Upon
successful completion, a Certificate of Completion will be provided. A list of approved training
programs shall be maintained by (MUNICIPALITY / COUNTY) on the (MUNICIPALITY /
COUNTY) Fertilizer Management website.




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[Guidance: Note anticipated rewrite mentioned above for 2008-2009. The FDEP Training Program is written by             Formatted: Font: Garamond
FDEP and IFAS, and approved by FDEP. FDACS and other agencies and organizations also approve the
program for professional CEUs. The IFAS Extension Service maintains records of training, and is (circa late 2007)
working with FDEP to create a permanent, web accessible database of statewide application that will allow the public
or any local government to search the name, trainee and certificate numbers, company, company address, date, place
and type of training (basic, refresher, train-the-trainer, etc.), and trainer identification. After 1/1/2008 the
certificates will be numbered and sealed with a raised seal (only Dr. Trenholm and FDEP Staff have these) and an
additional wallet card with matching trainee and certificate numbers, but no seal.]
                                                                                                                       Formatted: Justified, Space Before: 1 pt, No
                                                                                                                       widow/orphan control, Tab stops: 0.25", Left
(b) A vehicle decal shall be affixed and maintained on the exterior of all vehicles and trailers used in               + 0.5", Left + 0.75", Left + 1", Left + 1.25",
connection with the application of Fertilizer within the area regulated by this Article. The vehicle                   Left + 1.5", Left
and trailer decals shall be provided by (MUNICIPALITY / COUNTY).                                                       Formatted: Font: Garamond, Strikethrough


(c) Private homeowners are required to follow the recommendations of the University of Florida                         Formatted: Font: Garamond
IFAS Florida Yards and Neighborhoods program when applying fertilizers.

147. LICENSING OF COMMERCIAL APPLICATORS                                                                               Formatted: Font: Garamond


(a) In addition to any current or future training or education requirements mandated by the State of                   Formatted: Font: Garamond
Florida and/or (MUNICIPALITY / COUNTY), Aall Commercial Fertilizer Applicators shall obtain                            Formatted: Font: Garamond, Strikethrough
the DACS Chapter 482.156, F.S. Limited Commercial Landscape Maintenance Certificate (LCLM)                             Formatted: Font: Garamond
a Certificate of Completion from a (MUNICIPALITY / COUNTY) approved Best Management                                    Formatted: Font: Garamond
Practices training program prior to obtaining a (MUNICIPALITY / COUNTY) Local Business Tax
                                                                                                                       Formatted: Font: Garamond, Strikethrough
Certificate for any category of occupation which may apply any Fertilizer to Turf and/or Landscape
                                                                                                                       Formatted: Font: Garamond
Plants. Commercial Fertilizer Applicators shall provide proof of completion of an approved training
program to the (MUNICIPALITY / COUNTY) Tax Collector’s office within 180 days of the
effective date of this ordinance.

(b) All Commercial Fertilizer Applicators applying for a new or holding an existing Local Business
Tax Certificate shall ensure that all Applicators employed under the Tax Certificate receive the
necessary training in accordance with this ordinance and abide by all provisions of this Ordinance.
All new employees serving as Applicators shall receive the necessary training in accordance with this
Ordinance. within 90 days of employment and during this 90 day period shall work under the                             Formatted: Font: Garamond
physical supervision of an applicator who has successfully completed a (MUNICIPALITY /                                 Formatted: Font: Garamond, Strikethrough
COUNTY) approved Best Management Practices training program.                                                           Formatted: Font: Garamond
                                                                                                                       Formatted: Header
18. ENFORCEMENT AND PENALTY
                                                                                                                       Formatted: Header, Right: 0"

It is the intent hereof that the administrative, civil, and criminal penalties imposed through execution               Formatted: Header
of this Article be of such amount as to ensure immediate and continued compliance with this
Article.
                                                                                                                       Formatted: Header, Left
(a) (MUNICIPALITY / COUNTY) has the authority to enforce any provision of this Ordinance
per Chapter 2, Article VIII of the (MUNICIPALITY / COUNTY) Code of Ordinances and per
provisions of Chapter 162, Florida Statutes. Each day of any such violation shall constitute a
separate and distinct offense.


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(b) The Code Enforcement Officer or designated inspectors shall be authorized and empowered to
make inspections at reasonable hours of all land uses or activities regulated by this Ordinance in
order to insure compliance with the provisions of this Ordinance. The Code Enforcement Officer
or designated inspector shall make all observations during their inspections from areas accessible by
the public, unless specific permission is granted by a property owner to come on their property, or a
search warrant is obtained from a court of competent jurisdiction.

(c) The Code Enforcement Officer may require corrective actions as a result of the violation
activities.

(d) A Code Enforcement Officer is authorized to issue a Citation to a Person when, based upon
personal investigation, the Officer has reasonable cause to believe that the Person has violated this
Article. Prior to issuing a Citation, a Code Enforcement Officer may provide a Warning Notice to
the Person. The Warning Notice shall specify that the Person has committed a violation of this
Ordinance and must correct the violation immediately. If, upon personal investigation, a Code
Enforcement Officer finds that the Person has not corrected the violation, the Code Enforcement
Officer shall issue a Citation to the Person who has committed the violation. If the Person has been
previously issued a Warning Notice or Citation for the same prohibited activity, the Code
Enforcement Officer may immediately issue a Citation.

(e) After issuing a Citation to an alleged violator, the Code Enforcement Officer shall deposit the
original Citation and one copy of the Citation with the Clerk of the Court.

(f) The Person issued the Citation may contest the Citation by contacting the Clerk of the Court
within 30 calendar days of the Citation date and requesting a hearing. The Clerk shall then schedule
a hearing in the County Court and shall provide written notice of the hearing to the Person and to
the Code Enforcement Officer.

(g) If the Person issued the Citation elects not to contest the Citation, the person shall pay the
applicable civil penalty to the Clerk of the Court within 30 days after issuance of the Citation.

(h) If the Person issued the Citation neither pays the civil penalty within the time allowed nor
requests a hearing to contest the Citation, the Person shall be deemed to have waived their right to
contest the Citation and judgment may be entered against the Person for an amount up to the
maximum civil penalty.

(i) Willful refusal to sign and accept a Citation issued by a Code Enforcement Officer by the cited
Person issued the Citation shall be treated as a misdemeanor of the second degree, punishable as
provided by Sections 775.082 and 775.083, Florida Statutes.

(j) The civil penalty for a civil infraction shall not exceed $500.00 per violation.

(k) By resolution the Board shall establish the amount of any civil penalty for a civil infraction.




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(l) Not withstanding any other provisions of this Ordinance for enforcement or penalties, the Board         Formatted: Header
may also enforce this Ordinance by actions at law or in equity for damages and injunctive relief. In
the event the Board prevails in any such action, the Board shall be entitled to an award of its costs.

(m) The County may seek a lien on the property when the Person cited for a violation fails to pay
the amount entered as a judgment.

(n) Criminal violations of this Article committed willfully, with reckless indifference, or with gross
careless disregard shall be treated as a misdemeanor, and shall be prosecuted and shall be punishable
as provided by general law.

19. CODIFICATION                                                                                            Formatted: Header, Right: 0"
This ordinance shall be deemed an amendment to the (MUNICIPALITY / COUNTY) Code of                          Formatted: Header
Ordinances.

20. SEVERABILITY CLAUSE                                                                                     Formatted: Header, Right: 0"


If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason, held      Formatted: Header
or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the
remaining portions of this Ordinance; and it shall be construed to have been the intent to adopt this
Ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of
this Ordinance, after the exclusion of such part or parts, shall be deemed to be held valid as if such
part or parts had not been included herein.

21. Effective date                                                                                          Formatted: Header, Right: 0"


This Ordinance shall be effective immediately upon filing with the Office of the Secretary of State of      Formatted: Header
Florida. However, a one hundred eighty (180) day implementation period is hereby established in
order to accomplish the following:

(a) The establishment of a (MUNICIPALITY / COUNTY) approved list of Best Management
Practices training programs.
                                                                                                            Formatted: Header, Indent: Left: 0", First
(b) For Commercial Fertilizer Applicators, Institutional Applicators and other users and Applicators        line: 0"

of Fertilizer as set forth in this Ordinance to become familiar with the provisions of this Ordinance,      Formatted: Header
provide a reasonable period for compliance with the terms of this Ordinance.
                                                                                                            Formatted: Header, Indent: Left: 0", First
No Citations, Notices to Appear, Code Enforcement Notice of Violations or other enforcement                 line: 0"

procedures shall be instituted until a 180 day implementation period has passed; however, Warning           Formatted: Header
Notices may be issued during the implementation period.




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passed and duly adopted by the board of county commissioners of (MUNICIPALITY /
COUNTY), florida, this ______ day of AUGUST 20xx, A.D.
                                                                                      Formatted: Header, Left
                                                                                      Formatted: Tab stops: 3", Centered + 6",
                                                                                      Right
BOARD OF (MUNICIPALITY / COUNTY) COMMISSIONERS                                        Formatted: Header
OF (MUNICIPALITY / COUNTY), FLORIDA                                                   Formatted: Header, Indent: Left: 0"
                                                                                      Formatted: Header, Indent: Left: 0", First
                                                                                      line: 0"
By:_______________________________                                                    Formatted: Header, Indent: First line: 0"
                                                                                      Formatted: Header
                                                                                      Formatted: Header, Indent: Left: 0"
                                                                              Chair
                                                                                      Formatted: Header




                      Date: _____________________________
                                                                                      Formatted: Header, Line spacing: single
ATTEST:
Clerk of the Circuit Court                                                            Formatted: Header
Ex-Officio Clerk of the Board of County
Commissioners of (MUNICIPALITY / COUNTY), Florida
                                                                                      Formatted: Line spacing: single, Tab stops:
By: ________________________________                                                  3", Centered + 6", Right

                                  Deputy Clerk                                        Formatted: Header




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