Compromise Offered On Florida Fertilizer Bill

April 8, 2011

Following several weeks of discussion surrounding a statewide fertilizer rule, lawmakers on Thursday reached a common ground with a new amendment offering both retail-friendly guidelines and a locally-controlled rulemaking process. Filed by Rep. Jeff Brandes (R-St. Petersburg), the amendment to HB 457, sponsored by Rep. Clay Ingram (R-Pensacola) and Rep. Bryan Nelson (R-Apopka), would protect statewide commerce and keep intact all pre-existing local fertilizer rules. Additionally, other municipalities can continue adopting additional regulations under the condition they properly report their rules to state.

“At the foundation of this bill is the critical need to provide Florida with the best tools possible to protect water quality and the economy, while ensuring the best available science is involved in every step of the process to vet those tools and regulations,” said Rep. Ingram. “The state model ordinance certainly can stand on its own as a strong and effective statewide rule, but this new amendment provides municipalities with the state oversight needed to craft local fertilizer rules. I’ve had an open mind and an open door policy when speaking to all stakeholders. I believe this a sound compromise which makes the bill stronger and offers a new level of accountability that is lacking in current fertilizer laws.”

Cities and counties who choose to follow the current state model ordinance would be protected by homeowner fertilizer use guidelines which were crafted by the legislature-appointed Urban Fertilizer Use Task Force in 2007. This includes prohibiting the application of fertilizer before a heavy rain, maintaining a ten-foot buffer zone between a fertilized-area and any water bodies and deflector shield requirements.

“We heard the concerns of local governments loud and clear. This amendment upholds localities’ right to build their own rules, as stated in current Florida statutes, as long as they are properly researched and fact-checked with the state,” said Rep. Brandes. “The amended HB 457 now stands to encourage all Florida cities and counties to look to the model ordinance as a guide for their local regulations while also ensuring a local option is in place if additional fertilizer rules are needed. This legislation was never a vessel for deregulation, but was meant to serve as a remedy to minimize the confusion surrounding patchwork fertilizer sales regulations. As it was presented today, this legislation addresses the concerns of all stakeholders and is a step forward for Florida’s water quality initiatives.”

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Written by William Reynolds · Filed Under News