FLORIDA STORMWATER ASSOCIATION

In an attempt to control the nutrients entering their waterways local governments in Central and South Florida passed ordinances limiting the amounts of certain substances in lawn fertilizers. Upon learning of the new ordinances, the fertilizer industry obtained a court order suspending those ordinances. Local jurisdiction in South and Central Florida took the matter to their Legislators, and the Legislature created a task force to review the issue.

The Florida Legislature created the Florida Consumer Fertilizer Task Force in 2007 to review and provide recommendations on the state's policies and programs addressing consumer fertilizers. It was composed of 13 individuals representing a range of stakeholder interest who were technically qualified by training, education, or experience in water quality, horticultural, or agronomic science and who 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. The Florida Department of Agriculture and Consumer Services (DACS) provided the staffing and support for the Task Force.

The Task Force developed a series of recommendations addressing statewide guidelines and standards for consumer fertilizer use, local government regulation based on sound science and a model local ordinance for consumer fertilizers, local government mechanisms to promote and encourage proper use, training and education on proper use, research studies, and funding.

The Task Force found that nutrient reduction in phosphorus and nitrogen requires a comprehensive, multi-faceted approach, and consumer fertilizer is an important component of this effort. The Task Force expects that through the implementation of the DACS rule and registration process and the Task Force recommendations, there will be a significant reduction in phosphorus and nitrogen applied in the urban environment that will contribute to decreasing environmental impacts and non-point pollution sources.

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On July 23, 2008 members of the Bay Area Resource Council signed a resolution in support of the findings of the Florida Consumer Fertilizer Task Force. More specifically,

  1. BARC strongly supports the recommendations of the Florida Consumer Fertilizer Task Force.  (RESOLUTION)
  2. BARC believes that the Task Force recommendation that local governments retain the ability to adopt ordinances that are more stringent than state regulations in response to human health or water quality needs is necessary in order for local governments to comply with the provisions of the Clean Water Act, such as Total Maximum Daily Loads (TMDLs).
  3. BARC opposes any efforts to limit or pre-empt the home rule authority of local government to enact measures regulating the introduction of pollutants into our waterways.

BARC believes that a dedicated source of funding for education and training initiatives addressing the appropriate application of consumer fertilizers is required and encourages the Florida Legislature to provide that the Florida Department of Agriculture and Consumer Service (DACS) shall increase the tonnage fee on the sale of nitrogen and phosphorus to $1.00 per ton and that the revenue be used for fertilizer training and education initiatives with 10% of the total to be returned to counties and cities to be used for fertilizer training and education.