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23-123 1681 Draft fertilizer ordinance discussion.

23-1

March 2014

1

Fertilizer Ordinance Discussion


23-2

State model fertilizer regulation standards

address:

• Content,

• Timing,

• Location,

• Method of application

2


23-3

State Model: Content and Application rate

Requires Nitrogen (N) and Phosphorus (P) content

consistent with state rules for turf fertilizers.

Bans N and P application for 30-days after seeding or

sodding.

Establishes application rates as recommended by the

University of Florida's Institute of Food and Agricultural

Sciences (UF/IFAS).

3 23-423 1681 Draft fertilizer ordinance discussion.

23-4

State Model: Timing

Bans N and P application when:

• A flood watch or warning has been issued;

• A tropical storm or hurricane watch or warning has

been issued;

• Heavy rain is likely; or

• Soils are saturated.


23-5

State Model: Location

Bans fertilizer application within:

◦ 10 feet of a surface water body or seawall, or

◦ within 3 feet if using a deflector shield.

Establishes a voluntary 10 foot low maintenance

zone containing plants that do not need

fertilizer.


23-6

State Model: Method

Broadcast spreaders require a deflector shield.

Fertilizer must be removed from impervious

surfaces.

Grass clippings/vegetative matter are prohibited

from storm drains, ditches, water bodies,

wetlands, sidewalks or roadways.


23-7

State Model: Enforcement

Bona fide farm operations are exempt.

County playing fields, institutional applicators,

and golf courses are allowable exemptions.

All commercial or institutional applicators must

complete a 6-hour training provided by

UF/IFAS.

Provide public education.


23-8

Local Options*

* Requires Scientific Justification

Seasonal ban on N and P

Require the N to be slow-release (100% or 50%)

Ban or limit P


23-9

Seasonal Ban Why: Fertilizer applied during heavy rainfall is more likely to runoff into surface water.

Scientific Justification Other Counties: June 1 – Sept. 30

IFAS recognizes that stormwater is a

pathway for fertilizer transport –

Hauxwell (2001) “minimize quantities

and avoid fertilizing before heavy

rains.”

2008 DEP BMP Manual suggests using

iron and/or manganese instead of N

during times of enhanced rainfall.

The IFAS Florida Lawn Handbook

identifies the non-rainy season

months of Feb, March, April, May, Oct,

and Nov as turf growing season.

Indian River

Martin

Orange

St. Lucie


23-10

Require slow-release nitrogen Why: Slow-release is less likely to leach into groundwater and surface water

Scientific Justification Other Counties

Blue Spring, the middle St. Johns,

Northern IRL, Halifax, and Tomoka

rivers are impaired for N.

IFAS 2009 Florida Yards and

Neighborhoods Handbook states “slow

and controlled release fertilizers

provide nutrients to plants over an

extended period of time. This allows

you to fertilize less frequently – and

to prevent nutrients from leaving your

landscape and entering waterways,

contributing to harmful algal blooms

and other water quality problems”

Indian River

Martin

Orange

St. Lucie


23-11

Ban or limit on phosphorus Why: Even small amounts of phosphorus can trigger an algal bloom.

Scientific Justification Other Counties

The middle St. Johns River, Spruce

Creek, and the Northern IRL are

impaired for phosphorus.

IFAS Publication #SL 275 Impact of

Phosphorus on Water Quality states

“several . . . regions are nutrient

sensitive and any application of P

should be based on appropriate soil

tests using approved methods

recommended by the IFAS Extension

Soil Testing Laboratory.”

Low P

Brevard

Martin

St. Lucie

No P

Orange

Indian River


23-12

COMPARISON OF LOCAL ORDINANCES

12

Jurisdiction Effective

Date

Enforced

by

Seasonal

Ban

County-

wide?

Ban P Slow

release N

Brevard 12.11.12 NR Code

Enf/Illicit

Discharge

Pgm

No No Low P Yes

Indian River 8.20.13 Code/PW June 1-

Sept. 30

Yes Yes Yes, 50%

Martin 7.26.11 Education/

Code

June 1-

Sept. 30

No Low P Yes, 50%

Palm Beach 10.30.12 Code No No No No

St. Lucie 3.1.11 Code June 1-

Sept. 30

No Yes Yes, 50%

Orange 3.1.10 Environ. June 1-

Sept. 30

Yes Yes Yes

Hernando 11.12.13 Code Jan 1 –

March 31*

No No No

Deltona 9.16.13 Education/

Code

No N/A No No

DeBary 4.15.09 Code No N/A Yes Yes, 50% 23-1323 1681 Draft fertilizer ordinance discussion.

23-13

Model Ordinance (as drafted): Local Options:

Content,

Timing,

Location, and

Method of fertilizer application

Exceptions

Bona fide agricultural

County playing fields

Institutional applicators that utilize BMPs

Golf courses that utilize BMPs

Education and outreach:

PSA’s (with grant funding)

IFAS training

County-wide

Seasonal Ban: June 1- September 30

Require Nitrogen in slow release

form

Restrict Phosphorus content


23-14

DIRECTION

Allow exemptions Agriculture and the following with BMPs:

county playing fields, institutional

applicators, and golf courses.

Adopt Model

County Wide Unincorporated

Restrict Phosphorus (P)

content

Ban P Low P

Require Nitrogen in

slow release form

100% of N content in

slow release form

50% of N content in

slow release form

Require a seasonal ban

June – September January - March


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Page 1 of 19

Ordinance 2014-XX

ORDINANCE 2014-XX 1

2

AN ORDINANCE OF THE COUNTY COUNCIL OF 3

VOLUSIA COUNTY, FLORIDA, AMENDING THE 4

CODE OF ORDINANCES OF THE COUNTY OF 5

VOLUSIA, CHAPTER 50, ENVIRONMENT, 6

CREATING ARTICLE VIII, FLORIDA-FRIENDLY 7

FERTILIZER USE; MAKING CERTAIN FINDINGS 8

AND DETERMINATIONS; PROVIDING 9

DEFINITIONS; PROVIDING FOR _________<TO BE 10

DETERMINED>___________ APPLICATION OF 11

CHAPTER 50, ARTICLE VIII, FLORIDA-FRIENDLY 12

FERTILIZER USE; PROVIDING FOR TIMING OF 13

FERTILIZER APPLICATION; PROVIDING FOR 14

FERTILIZER FREE ZONES; PROVIDING FOR 15

FERTILIZER LOW MAINTENANCE ZONES; 16

PROVIDING FOR FERTILIZER CONTENT AND 17

APPLICATION RATES; PROVIDING FOR 18

APPLICATION PRACTICES; PROVIDING FOR 19

MANAGEMENT OF GRASS CLIPPINGS AND 20

VEGETATIVE MATTER; PROVIDING FOR 21

EXEMPTIONS; PROVIDING FOR TRAINING; 22

PROVIDING FOR LICENSING OF COMMERCIAL 23

APPLICATORS; PROVIDING FOR SUPPLEMENTAL 24

REGULATIONS PURSUANT TO SECTION 25

403.9337(2), FLORIDA STATUTES; PROVIDING 26

FOR ENFORCEMENT; PROVIDING FOR 27

INCLUSION IN CODE; PROVIDING FOR 28

SEVERABILITY; PROVIDING FOR CONFLICTING 29

ORDINANCES; AND PROVIDING FOR AN 30

EFFECTIVE DATE. 31

32

WHEREAS, the quality of our rivers, estuaries, streams, lakes and the 33

offshore waters of the Atlantic Ocean is critical to the health, safety and welfare 34

of the citizens of Volusia County; and 35

WHEREAS, nonpoint sources of pollution, including fertilizer runoff, 36

contribute significant amounts of nutrients to our water bodies; and 37

←IF DIRECTED BY COUNCIL


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Page 2 of 19

Ordinance 2014-XX

WHEREAS, runoff from improper use of fertilizer can contribute to 1

nitrogen and phosphorus pollution in the county’s stormwater and drainage 2

conveyances and natural water bodies; and 3

WHEREAS, pursuant to Section 403.9337(1), Florida Statutes, all local 4

governments are encouraged to adopt and enforce the Florida Department of 5

Environmental Protection’s Model Ordinance for Florida-Friendly Fertilizer Use 6

(model ordinance), or an equivalent requirement as a mechanism for protecting 7

local surface and groundwater quality; and 8

WHEREAS, pursuant to Section 403.9337(2), Florida Statutes, all local 9

governments within the watershed of a water body or water segment that is listed 10

as impaired by nutrients pursuant to Section 403.067, Florida Statutes, shall, at a 11

minimum, adopt the model ordinance, and a local government may adopt 12

additional or more stringent standards than the model ordinance if: (a) the local 13

government has demonstrated, as part of a comprehensive program to address 14

nonpoint sources of nutrient pollution which is science-based, and economically 15

and technically feasible, that additional or more stringent standards than the 16

model ordinance are necessary in order to adequately address fertilizer 17

contributions to nonpoint source nutrient loading to a water body; and (b) the 18

local government documents that it has considered all relevant scientific 19

information, including input from the Department of Environmental Protection, the 20

Department of Agriculture and Consumer Services, and the University of Florida 21

Institute of Food and Agricultural Sciences (IFAS), if provided, on the need for 22


23-17

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0403/Sections/0403.067.html

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Page 3 of 19

Ordinance 2014-XX

additional or more stringent provisions to address fertilizer use as a contributor to 1

water quality degradation, and all supporting documentation is entered in the 2

public record before adoption of the additional or more stringent standards; and 3

WHEREAS, this Ordinance is part of a comprehensive program to 4

address nutrient pollution, which includes, but is not limited to, stormwater 5

management, surface water quality improvement, water conservation, septic tank 6

management and abatement, public education, and land development standards; 7

and 8

WHEREAS, more specifically regarding stormwater, the county has a 9

strict stormwater ordinance and illicit discharge enforcement program; and 10

WHEREAS, the county has a sophisticated stormwater management 11

program to address reduction of pollution from nonpoint sources; and 12

WHEREAS, to address target areas, the county develops stormwater 13

master plans, including the Deep Creek Basin Stormwater Master Plan and the 14

B-21 Watershed Management Plan; and 15

WHEREAS, the county actively identifies stormwater management 16

projects for implementation with funding from a stormwater assessment and 17

through grants from the Florida Department of Environmental Protection, the St. 18

Johns River Water Management District and the United States Department of 19

Agriculture Natural Resources Conservation Service; and 20


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Page 4 of 19

Ordinance 2014-XX

WHEREAS, more specifically regarding surface water quality, the county 1

has an extensive surface water quality monitoring program to track and respond 2

to changes in nutrient and other pollution levels; and 3

WHEREAS, the county initiates specific projects to improve surface water 4

quality, including projects that have reduced street flooding, improved 5

maintenance of drainage facilities, reduced erosion and sedimentation in canals 6

and ditches, and improved the overall quality of water in our canals, lakes and 7

aquifers; and 8

WHEREAS, the Florida Department of Environmental Protection has 9

mandated total maximum daily loads (TMDLs) of nitrogen and phosphorus for 10

water bodies deemed impaired in the county; and 11

WHEREAS, the Florida Department of Environmental Protection has 12

estimated nutrient contributions from nonpoint source pollution, including 13

fertilizer, in many of the county’s surface waters; and 14

WHEREAS, the final TMDL report “Nutrient TMDL for Halifax River, WBID 15

2363B” dated July 2013, estimates nonpoint source contributions of 475,261 16

pounds per year of total nitrogen and 33,349 pounds per year of total 17

phosphorus; and 18

WHEREAS, the draft TMDL report “Nutrient TMDL for Tomoka River 19

(Fresh Water), WBID 2634” dated March 2013, estimates nonpoint source 20

contributions of 338,774 pounds per year of total nitrogen and 22,101 pounds per 21

year of total phosphorus; and 22


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Page 5 of 19

Ordinance 2014-XX

WHEREAS, the final TMDL report “Nutrient and Dissolved Oxygen TMDLs 1

for the Six Middle St. Johns River Segments between the Inlet of Lake Harney 2

(WBID 2964A) and St. Johns River above Wekiva River (WBID 2893C)” dated 3

December 7, 2009, estimates nonpoint source contributions of 718,907 pounds 4

per year of total nitrogen and 73,961 pounds per year of total phosphorus; and 5

WHEREAS, the final TMDL report “Nutrient and Dissolved Oxygen TMDLs 6

for the Indian River Lagoon and Banana River Lagoon” dated March 2009, 7

estimates nonpoint source contributions of 134,986 pounds per year of total 8

nitrogen and 13,901 pounds per year of total phosphorus in the North Indian 9

River Lagoon (WBID 2963F); and 10

WHEREAS, the final TMDL report “Dissolved Oxygen and Nutrient TMDL 11

for Spruce Creek, WBID 2674A” dated April 2008, estimates nonpoint source 12

contributions of 18,562 pounds per year of total nitrogen and 4,578 pounds per 13

year of total phosphorus; and 14

15

16

17

18

19

20

21

Additional data/reports for specific water bodies to be determined/gathered and inserted here

Specific statements supporting additional and/or more stringent standards, if directed by Council, to be

determined/gathered and inserted here


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Page 6 of 19

Ordinance 2014-XX

WHEREAS, the county council has considered the following comments 1

and reports: 2

3

4

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF 5

VOLUSIA COUNTY, FLORIDA AS FOLLOWS: 6

(Words in strike through type are deletions; words in underscore 7

type are additions) 8

SECTION I: The above recitals are true and correct and adopted 9

as findings of fact in support of this Ordinance. By this reference, they are 10

hereby incorporated into the official record for the adoption of this Ordinance. 11

SECTION II: Chapter 50, Article VIII, Florida-Friendly Fertilizer 12

Use, of the Code of Ordinances of the County of Volusia, is hereby created to 13

read as follows: 14

Sec. 50-511—50-519. Reserved. 15

16

17

18

19

20

21

22

Comments from required reviewing agencies to be inserted here

DRAFTING NOTES

Sections 50-520 to 50-532 are the Model Ordinance

Section 50-533 is a placeholder for additional and/or more stringent standards, if directed by Council

Section 50-534 is customized enforcement


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Page 7 of 19

Ordinance 2014-XX

Sec. 50-520. Findings. 1

As a result of impairment to surface waters caused by excessive nutrients, 2

and as a result of increasing levels of nitrogen in the surface and ground water 3

within the aquifers and springs, the county council hereby determines that the 4

use of fertilizers creates a risk to contributing to adverse effects on surface and 5

ground water. Accordingly, the county council hereby finds that management 6

measures contained in the most recent edition of the Florida-Friendly Best 7

Management Practices for Protection of Water Resources by the Green 8

Industries are required, and additional or more stringent, management measures 9

for specific activities identified in Section 50-533 are required. 10

Sec. 50-521. Purpose and intent. 11

This article regulates the proper use of fertilizers by any applicator; 12

requires proper training of commercial and institutional fertilizer applicators; 13

establishes training and licensing requirements; establishes a prohibited 14

application period; and specifies allowable fertilizer application rates and 15

methods, fertilizer free zones, low maintenance zones, and exemptions. This 16

article requires the use of best management practices, which provide specific 17

management guidelines to minimize negative secondary and cumulative 18

environmental effects associated with the misuse of fertilizers. These secondary 19

and cumulative effects have been observed in and on natural and constructed 20

stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and 21

other water bodies. Collectively, these water bodies are an asset critical to the 22

←IF DIRECTED BY COUNCIL


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Page 8 of 19

Ordinance 2014-XX

environmental, recreational, cultural and economic well-being of county residents 1

and the health of the public in general. Overgrowth of algae and vegetation 2

hinder the effectiveness of flood attenuation provided by natural and constructed 3

stormwater conveyances. Regulation of nutrients, including both nitrogen and 4

phosphorus contained in fertilizer, will help improve and maintain water and 5

habitat quality. 6

Sec. 50-522. Definitions. 7

For the purposes of this article, the following terms shall have the 8

meanings set forth in this section; words used in the singular shall include plural, 9

and the plural, singular; words used in the present tense shall include future 10

tense. The word “shall” is mandatory and not discretionary. The word “may” is 11

permissive. Words not defined herein shall have the meaning given in other 12

sections of this code and if not therein, shall have the meaning given by common 13

and ordinary use: 14

Administrator means the county manager, or an administrative official 15

designated by the county manager to administer and enforce the provisions of 16

this article. 17

Application or Apply means the actual physical deposit of fertilizer to turf 18

and/or landscape plants. 19

Applicator means any person who applies fertilizer on turf and/or 20

landscape plants. 21


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Page 9 of 19

Ordinance 2014-XX

Approved Best Management Practices Training Program means a training 1

program approved pursuant to Section 403.9338, Florida Statutes, or any more 2

stringent requirements set forth in this article that includes the most current 3

version of the Florida Department of Environmental Protection’s Florida-Friendly 4

Best Management Practices for Protection of Water Resources by the Green 5

Industries, as may be amended. 6

Best Management Practices means turf and landscape practices or a 7

combination of practices based on research, field-testing, and expert review, 8

determined to be the most effective and practicable on-location means, including 9

economic and technological considerations, for improving water quality, 10

conserving water supplies and protecting natural resources. 11

Code Enforcement Officer, Official or Inspector means any designated 12

employee or agent whose duty it is to enforce codes and ordinances. 13

Commercial Fertilizer Applicator, except as provided in Section 14

482.1562(9), Florida Statutes, means any person who applies fertilizer for 15

payment or other consideration to property not owned by the person or firm 16

applying the fertilizer or the employer of the applicator. 17

Fertilize means the act of applying fertilizer to turf, specialized turf, or 18

landscape plants. 19

Fertilizer means any substance or mixture of substances that contains one 20

or more recognized plant nutrients and promotes plant growth, or controls soil 21

acidity or alkalinity, or provides other soil enrichment, or provides other corrective 22


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Page 10 of 19

Ordinance 2014-XX

measures to the soil. Fertilizer does not include unmanipulated manures, peat, or 1

compost which make no claims as described in the preceding sentence. 2

Guaranteed Analysis means the percentage of plant nutrients or 3

measures of neutralizing capability claimed to be present in a fertilizer. 4

Institutional Fertilizer Applicator means any person, other than a private, 5

non-commercial or a commercial fertilizer applicator (unless such definitions also 6

apply under the circumstances), that applies fertilizer for the purpose of 7

maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall 8

include, but shall not be limited to, owners, managers or employees of public 9

lands, schools, parks, religious institutions, utilities, industrial or business sites 10

and any residential properties maintained in condominium and/or common 11

ownership. 12

Landscape Plant means any native or exotic tree, shrub, or groundcover 13

(excluding turf). 14

Low Maintenance Zone means an area a minimum of ten (10) feet wide 15

adjacent to water courses which is planted and managed in order to minimize the 16

need for fertilization, watering, mowing, etc. 17

Person means any natural person, business, corporation, limited liability 18

company, partnership, limited partnership, association, club, organization, and/or 19

any group of people acting as an organized entity. 20

Prohibited Application Period means the time period during which a Flood 21

Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch 22


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Page 11 of 19

Ordinance 2014-XX

or Warning is in effect for any portion of Volusia County, issued by the National 1

Weather Service, or if heavy rain, as defined by the World Meteorological 2

Organization, is likely. 3

Saturated Soil means a soil in which the voids are filled with water. 4

Saturation does not require flow. For the purposes of this article, soils shall be 5

considered saturated if standing water is present or the pressure of a person 6

standing on the soil causes the release of free water. 7

Slow Release, Controlled Release, Timed Release, Slowly Available, or 8

Water Insoluble Nitrogen means nitrogen in a form which delays its availability for 9

plant uptake and use after application, or which extends its availability to the 10

plant longer than a reference rapid or quick release product. 11

Turf, Sod, or Lawn means a piece of grass-covered soil held together by 12

the roots of the grass. 13

Sec. 50.523. Applicability. 14

15

16

17

18

This article shall apply and regulate any and all applicators of fertilizer and 19

areas of application of fertilizer within <to be determined>, unless such 20

applicator is specifically exempted by the terms of this article. This article shall be 21

prospective only, and shall not impair any existing contracts. 22

Apply countywide or only in unincorporated area to be determined by Council


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Page 12 of 19

Ordinance 2014-XX

Sec. 50.524. Timing of fertilizer application. 1

(a) No applicator shall apply fertilizers containing nitrogen and/or 2

phosphorus to turf and/or landscape plants during the prohibited application 3

period, or to saturated soils. 4

(b) Fertilizer containing nitrogen or phosphorus shall not be applied 5

before seeding or sodding a site, and shall not be applied for the first thirty (30) 6

days after seeding or sodding, except when hydro-seeding for temporary or 7

permanent erosion control in an emergency situation, or in accordance with an 8

adopted stormwater pollution prevention plan for that site. 9

(c) Additional or more stringent standards may be required by Section 10

50.533. 11

Sec. 50.525. Fertilizer free zones. 12

(a) Fertilizer shall not be applied within ten (10) feet of any pond, 13

stream, watercourse, lake, canal, or wetland as defined by the Florida 14

Department of Environmental Protection Rule 62-340, Florida Administrative 15

Code, or from the top of a seawall, unless a deflector shield, drop spreader, or 16

liquid applicator with a visible and sharply defined edge, is used, in which case a 17

minimum of three (3) feet shall be maintained. Newly planted turf and/or 18

landscape plants may be fertilized in this zone only for a sixty (60) day period 19

beginning thirty (30) days after planting if needed to allow the plants to become 20

well established. Caution shall be used to prevent direct deposition of nutrients 21

into the water. 22


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Ordinance 2014-XX

(b) Additional or more stringent standards may be required by Section 1

50.533. 2

Sec. 50.526. Low maintenance zones. 3

(a) A voluntary ten (10) foot low maintenance zone is strongly 4

recommended, but not mandated, from any pond, stream, water course, lake, 5

wetland or from the top of a seawall. A swale/berm system is recommended for 6

installation at the landward edge of this low maintenance zone to capture and 7

filter runoff. No mowed or cut vegetative material may be deposited or left 8

remaining in this zone or deposited in the water. Care should be taken to prevent 9

the over-spray of aquatic weed products in this zone. 10


50.533. 12

Sec. 50.527. Fertilizer content and application rates. 13

(a) Fertilizers applied to turf shall be applied in accordance with 14

requirements and directions provided by Rule 5E-1.003(2), Florida Administrative 15

Code. 16

(b) Nitrogen or phosphorus fertilizer shall not be applied to turf or 17

landscape plants except as provided in subsection (a) for turf, or in the University 18

of Florida/IFAS recommendations for landscape plants, vegetable gardens, and 19

fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an 20

approved test. 21


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Ordinance 2014-XX

(c) Additional or more stringent standards may be required by Section 1

50.533. 2

Sec. 50.528. Application practices. 3

(a) Spreader deflector shields are required when fertilizing via rotary 4

(broadcast) spreaders. Deflectors must be positioned such that fertilizer granules 5

are deflected away from all impervious surfaces, fertilizer free zones and water 6

bodies, including wetlands. 7

(b) Fertilizer shall not be applied, spilled, or otherwise deposited on 8

any impervious surfaces. 9

(c) Any fertilizer applied, spilled, or deposited, either intentionally or 10

accidentally, on any impervious surface shall be immediately and completely 11

removed to the greatest extent practicable. 12

(d) Fertilizer released on an impervious surface must be immediately 13

contained and either legally applied to turf or any other legal site, or returned to 14

the original or other appropriate container. 15

(e) In no case shall fertilizer be washed, swept, or blown off impervious 16

surfaces into stormwater drains, ditches, conveyances, or water bodies. 17

(f) Additional or more stringent standards may be required by Section 18

50.533. 19

Sec. 50.529. Management of grass clippings and vegetative matter. 20

(a) In no case shall grass clippings, vegetative material, and/or 21

vegetative debris be washed, swept, or blown off into stormwater drains, ditches, 22


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Ordinance 2014-XX

conveyances, water bodies, wetlands, or sidewalks or roadways. Any material 1

that is accidentally so deposited shall be immediately removed to the maximum 2

extent practicable. 3


50.533. 5

Sec. 50.530. Exemptions. 6

This article shall not apply to: 7

(a) Bona fide farm operations as defined in Section 823.14, Florida 8

Statutes, “Florida Right to Farm Act.” 9

(b) Other properties not subject to or covered under subsection (a) that 10

have pastures used for grazing livestock; or 11

(c) Any lands used for bona fide scientific research, including, but not 12

limited to, research on the effects of fertilizer use on stormwater, water quality, 13

agronomics, or horticulture. 14

15

16

17

18

19

Sec. 50.531. Training. 20

(a) All commercial and institutional fertilizer applicators shall abide by 21

and successfully complete the six-hour training program in the Florida-Friendly 22

ADDITIONAL PROPOSED EXEMPTIONS (exact text to be determined)

Golf Courses (using BMPs)

Institutional Applicators (using BMPs)

County Playing Fields


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Ordinance 2014-XX

Best Management Practices for Protection of Water Resources by the Green 1

Industries offered by the Florida Department of Environmental Protection through 2

the University of Florida/IFAS Florida-Friendly Landscapes program, or an 3

approved equivalent. 4

(b) Private, non-commercial applicators are encouraged to follow the 5

recommendations of the University of Florida/IFAS Florida Yards and 6

Neighborhoods program when applying fertilizers. 7

Sec. 50.532. Licensing of commercial fertilizer applicators. 8

(a) Prior to <insert date>, all commercial fertilizer applicators shall 9

abide by and successfully complete training and continuing education 10

requirements in the Florida-Friendly Best Management Practices for Protection of 11

Water Resources by the Green Industries, offered by the Florida Department of 12

Environmental Protection through the University of Florida/IFAS Florida-Friendly 13

Landscapes program, or an approved equivalent program, prior to obtaining a 14

Local Business Tax Certificate for any category of occupation which may apply 15

any fertilizer to turf and/or landscape plants. Commercial fertilizer applicators 16

shall provide proof of completion of the program within <####> days of the 17

effective date of this article. 18

(b) After <insert date>, all commercial fertilizer applicators shall have 19

and carry in their possession at all times when applying fertilizer, evidence of 20

certification by the Florida Department of Agriculture and Consumer Services as 21


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Page 17 of 19

Ordinance 2014-XX

a commercial fertilizer applicator pursuant to Rule 5E-14.117(18), Florida 1

Administrative Code. 2

(c) All businesses applying fertilizer to turf and/or landscape plants 3

(including but not limited to residential lawns, golf courses, commercial 4

properties, and multi-family and condominium properties) must ensure that at 5

least one employee has a Florida-Friendly Best Management Practices for 6

Protection of Water Resources by the Green Industries training certificate prior to 7

the business owner obtaining a Local Business Tax Certificate. Owners for any 8

category of occupation which may apply any fertilizer to turf and/or landscape 9

plants shall provide proof of completion of the program. 10

Sec. 50-533. Supplementary fertilizer regulations. 11

Pursuant to Section 403.9337(2), Florida Statutes, the following additional 12

or more stringent standards shall apply: 13

14

15

16

Sec. 50-534. Enforcement; declaration. 17

(a) The county council hereby finds and declares that a violation of this 18

article presents a serious threat to the public health, safety and welfare and is 19

irreparable or irreversible in nature. No violator of this article shall be entitled to 20

an opportunity to correct a violation prior to the levy of a civil penalty in 21

accordance with any of the enforcement methods prescribed in Sections 1-7, 2-22

Placeholder for additional and/or more stringent standards, if directed by Council


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Ordinance 2014-XX

392, or other applicable section of this code. The civil penalty shall be $50.00 for 1

each violation. However, if the person has been previously found through a code 2

enforcement board or any other quasi-judicial or judicial process to have violated, 3

or who has admitted violating, this article within five years prior to the violation, 4

the civil penalty shall be $100.00 for a second violation, $250.00 for a third 5

violation and $500.00 for a fourth or subsequent violation, notwithstanding the 6

violations occurring at different locations. 7

(b) Nothing in this section prevents enforcement against actions that 8

violate both this article and any other provision of this code pursuant to any 9

enforcement method available by law. 10

SECTION III: Except as amended herein, the provisions of the Code of 11

Ordinances of the County of Volusia remain in full force and effect. 12

SECTION IV: SEVERABILITY – Should any section or provision of this 13

Ordinance, or application of any provision of this Ordinance, be declared to be 14

unconstitutional, invalid, or inconsistent with the Volusia County Comprehensive 15

Plan, such declaration shall not affect the validity of the remainder of this 16

Ordinance. 17

SECTION V: AUTHORIZING INCLUSION IN CODE – The provisions of 18

this Ordinance shall be included and incorporated into the Code of Ordinances of 19

the County of Volusia, as additions or amendments thereto, and shall be 20

appropriately renumbered to conform to the uniform numbering system of the 21

Code. 22


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3-6-2014

WORKING DRAFT

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Ordinance 2014-XX

SECTION VI: EFFECTIVE DATE – A certified copy of this Ordinance 1

shall be filed with the Department of State by the County Manager within ten (10) 2

days after enactment by the County Council. This Ordinance shall take effect 3

upon filing. 4

ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN 5

OPEN MEETING DULY ASSEMBLED IN THE COUNTYCOUNCIL CHAMBERS 6

AT THE THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA 7

AVENUE, DELAND, FLORIDA THIS ____ DAY OF _____________, A.D. 2014. 8

9

10

COUNTY COUNCIL 11

ATTEST: COUNTY OF VOLUSIA, FLORIDA 12

13

WORKING DRAFT WORKING DRAFT 14

15

_________________________ ____________________________ 16

JAMES T. DINNEEN JASON P. DAVIS 17

COUNTY MANAGER COUNTY CHAIR 18


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