URBAN FERTILIZER PRE-EMPTION BILL STILL A THREAT
SB 606 will be heard again in Senate Ag Committee on Monday (3/14) at 10:15 a.m.
The Chairman of the Agriculture Committee Senator Gary Siplin temporarily postponed (TP’d) SB 606 from the committee’s March 7th agenda. The bill’s sponsor, Senator Evers, has said he will speak with the opposition regarding modifications to the bill before next Monday (3/14) when the bill will again be on the committee’s agenda (see pasted article by Bruce Ritchie below).
Even if you have already made calls to the Ag Committee’s members, please call them again to renew your opposition to SB 606 (we know the proponents of preemption will be lobbying heavily so we cannot let up on the pressure).
Also, see attached letter from City of Sanibel – it can be used as a template.
You may want to use Senate President Haridopolos’ quote from his opening remarks: “I have a renewed appreciation for home rule. And what is good for the goose is good for the gander. So let’s not be rolling anything downhill to Deland, DeBary, and DeFuniak Springs this session.”
Leave a message to urge a ‘No’ vote on SB 606. Please let them know they should help local governments maintain their home rule.
Name |
Tallahassee Office |
fax |
|
Senator Gary Siplin |
(850) 487-5190 |
(407) 522-2153 |
|
Senator Larcenia J. Bullard |
(850) 487-5127 |
(305) 668-7346 |
|
Senator JD Alexander |
(850) 487-5044 |
(863) 679-4851 |
|
Senator Rene Garcia |
(850) 487-5106 |
(305) 364-3110 |
|
Senator D. Alan Hays |
(850) 487-5014 |
(386) 736-5049 |
|
Senator David Simmons |
850-487-5050 |
|
|
Senator Bill Montford |
(850) 487-5004 |
|
|
|
|
|
|
|
|
|
|
Out-of-State Companies Want to Forbid Local Regulation of Fertilizer Pollution
The Florida Legislature is considering taking away local governments ability to regulate sales and use of fertilizer in SB 606 and HB 457. They claim they want to make regulations uniform statewide, but actually out-of-state fertilizer companies are lobbying for dismantling all strong local regulations and substituting them for an ineffective state rule.
Current regulations by some local governments require the use of more sustainable fertilizers (50% Slow Release Nitrogen and Low or Zero Phosphorous) and prohibit Nitrogen and Phosphorous application during the rainy season.
When these regulations passed in Pinellas County, they attached a sales restriction on the non-compliant products and Home Depot saw the percentage of fertilizer sales shift from only 2% Florida companies before the regulations, to 70-90% Florida companies after the regulations. Out-of-state fertilizer companies decided it was easier to lobby state legislators than to make a sustainable product.
According to the St Johns River Water Management District: "source control is the most effective solution to address the adverse ecological and economic impacts of excessive nutrients [Phosphorus and Nitrogen] on Florida's springs, rivers, lakes, estuaries and coastal waters," but these bills would void existing local regulations and forbid future local regulations.
The Florida League of Cities, FL Association of Counties, FL Stormwater Association, Coastal Angler Magazine, Anglers for Conservation, United Waterfowlers of Florida, KayakGuide.com, Marine Resources Council, Ocean River Institute, Indian River Lagoon Riverkeeper, Sierra Club and Audubon, among many other organizations, are all in opposition to these bad bills.
Senate committee chairman wants compromise on controversial fertilizer bill
Bruce Ritchie, 03/07/2011 - 02:02 PM
The Senate Agriculture Committee chairman said Monday he wants a compromise on a controversial bill that would prohibit local governments from adopting regulations that restrict the sale of fertilizer.
SB 606, which faces opposition from cities, counties and environmental groups, was temporarily passed over by the committee on Monday. Sen. Gary Siplin, D-Orlando and committee chairman, said the bill's sponsor, Sen. Greg Evers, wants to work with opponents to gain support.
"I am really looking for a compromise," Siplin told reporters. "I think they [both sides] both have compelling arguments."
SB 606 and its House companion, HB 457, would place authority for regulating fertilizer with the Florida Department of Agriculture and Consumer Services. Local governments could not restrict the sale or use of fertilizer beyond the department's model fertilizer ordinance.
The bill was filed in response to Pinellas County in 2010 prohibiting the sale of fertilizer during the summer rainy season. Supporters, including the Associated Industries of Florida and the Florida Retail Federation, say the bills are needed to prevent a patchwork of local regulations that would create difficulties for businesses and chain stores.
But opponents say the legislation would handcuff cities and counties that are being held responsible by the state and federal governments for reducing pollution of local waterways. Those opponents include the Florida League of Cities, the Florida Association of Counties, the Florida Stormwater Association, Sierra Club Florida and Audubon of Florida.
Siplin said the bill did not receive a vote today so that Evers, R-Crestview, could work with opponents.
"We have to have devise a plan or policy that is fair for the whole state," Siplin said. "Yet we have to respect individual counties and cities' charter rule."
Scott Dudley of the Florida League of Cities said opponents have talked to Evers and made him understand that cities are responsible for meeting federal Clean Water Act requirements for waterways.
"We don't regulate this stuff because we just wake up in the morning and say, 'Let's regulate water quality,'" Dudley said. "No, we are on the hook for clean water."
Evers said the bill was passed over because he had another committee meeting to attend and because some senators on the Agriculture Committee had to be elsewhere to present bills.
Regarding working with opponents who want fundamental changes in his bill, Evers said, "I'm willing to do whatever I think is reasonable."
CITY OF SANIBEL SENDS 250 LETTERS TO INVOLVED COMMUNITIES
On March 9, Vice Mayor Mick Denham of the City of Sanibel sent the following letter to 250 local legislators whose communites have enacted or are about to enact fertilizer ordinances:
RE: Home Rule Authority to Protect Local Waters from Excess Nitrogen and Phosphorus
Dear Local Public Officials:
This letter is being sent to you because your local government has enacted legislation, or is considering the enactment of legislation, to reduce the excessive amounts of nitrogen and phosphorus entering your jurisdiction's waterways, its lakes and rivers or its bays and estuaries. Your jurisdiction, along with dozens of other local governments, knows that reducing and protecting against algae blooms, red tide and fish kills is not just about the environment; it is about the primary resource that is the lifeblood of our economic engine, including tourism, ecotourism, sport and commercial fishing and ultimately our quality of life in Florida.
There will be a concerted effort in this year's state legislative session to undo what you have done in terms of protecting your local waterways. A state "model ordinance" will be proposed that will preempt your local government's right to protect its citizens and their waterways by regulating the introduction of nitrogen and phosphorus which occurs during excess fertilization of lawns. The proponents of the new state law, which will override your efforts of the past years and take away your local government rights to regulate in the future, will argue their position using such catch phrase words as "ease of regulation," "uniformity" and "cost savings to the public." The fact of the matter, however, is that this issue will not be effectively addressed with a "model" state ordinance; it will only be addressed effectively at the local jurisdiction level.
If we collectively fail to act, our Home Rule authority in this area will be eviscerated and our ability to regulate locally to protect our citizens and our local waters will be preempted completely by the state legislature. Please contact your local legislative delegation and other legislators and make it clear where you stand on this issue. The state legislature has many important priorities this legislative session. Taking away local governments' right to legislate for the protection of our local citizens, our local economy and our local environment certainly should not be one of them.
Sincerely,
Mick Denham, Vice Mayor
City of Sanibel, Florida
SUCCESS IN CAPE CORAL!
November 30, 2010
Last night, the Cape Coral City Council unanimously approved a new fertilizer ordinance, finally bringing Cape Coral—the state’s second-largest city in area—in line with, and in some instances beyond, the ordinances already in place for both Lee County and the state of Florida.
PURRE volunteers Capt. George Howell and Lynda Mastronardo of SWFL Naturally were on hand at the council meeting to speak on behalf of the ordinance and reported back to PURRE that the fertilizer/lawn care companies speaking in opposition did not get much footing.
The proposed ordinance is more stringent than state law because it would prohibit the spreading of fertilizers during the rainy season, from June 1 through Sept. 30, city engineer Oliver Clarke was quoted in the Ft. Myers News-Press. Lee County has had a similar ordinance in effect for two years. Cape Coral—with more than 400 miles of saltwater and freshwater canals—was the only city in Lee County without fertilizer restrictions.
The city ordinance would generally prohibit the spreading of fertilizers within 10 feet of ponds, lakes, streams and canals, except by hand. Marti Daltry, Sierra Club spokeswoman, wanted hand spreading of fertilizers within the 10-foot zone to also be banned. But with many Cape Coral back yards only 10 feet from the pool to the canal, city leaders determined hand spreading to be the best way to fertilize plants while keeping the chemicals out of the canals and the ordinance was adopted that way.
A Snapshot of Cape Coral’s Fertilizer Ordinance
• Only slow release, controlled released, timed released and slowly available water insoluble nitrogen fertilizers can be used.
• Fertilizer for turf or plants shall contain no less than 50 percent slow release nitrogen.
• No fertilizer may be applied from June through September
• New turf or plants may be fertilized for 60 days, but only 30 days after planting.
• Fertilizers should be applied at their lowest rate but no more than 4 pounds of nitrogen per 1,000 feet in any calendar year.
• Deflectors must be used on spreaders and positioned so granules are deflected away from fertilizer-free zones and water bodies.
• A fertilizer-free zone is any area within 10 feet of a pond, stream, watercourse, lake, canal, wetland or top of seawall.
• No grass clippings, vegetative material or debris, either intentionally or accidentally, may be swept or blown into storm water drains, ditches, conveyances, water bodies, sidewalks or roadways.
• All commercial and institutional applicators within the city must complete a 6-hour training program in the Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries and offered by the Florida Department of Environmental Protection through the University of Florida extension “Florida Friendly Landscapes” program. The course, which can be taken in Lee County at Terry Park, must be completed within 180 days and at least one person from a company needs to take it. The class must be repeated once every five years.
Violations
First offense: $100
Second: $250
Three or more: $500
Sources: Cape Coral Daily Breeze and Ft. Myers News-Press
November 23, 2010
ATTENTION: Cape Coral Residents
Cape Coral City Council will be voting on a fertilizer ordinance on
Monday, November 29
at 4:30 p.m. at Council Chambers
City Hall, 1015 Cultural Park Boulevard, Cape Coral 33990
Public input will be allowed during the hearing. As always, public input is important. PURRE supporters and Cape Coral residents Capt. George Howell and Lynda Mastronardo will be speaking and can use your support as they propose a few changes to the ordinance that George discussed with PURRE Chairman Mike Valiquette.
We urge Cape Coral residents who can make it to attend the meeting. Even if you don’t speak in favor of the ordinance, your presence is important in influencing council members to pass this law. Cape Coral is the only municipality without an ordinance to control fertilizer use. Consider these startling facts:
• Cape Coral is the second-largest city in Florida, and the most populous between Miami and Tampa, with 163,000 full-time residents; its build-out population will exceed 400,000 people – probably all fertilizing their lawns.
• Cape Coral has over 400 miles of waterways, including 156 miles of fresh water canals connecting dozens of lakes; 222 miles of walt water access canals; and 31 miles of shoreline providing access to the Gulf of Mexico. Guess where that fertilizer run off ends up?
If you can’t attend on Monday, consider emailing the Cape Coral City Council at council@capecoral.net and/or the council member for your district:
District 1, Marty McClain: mmcclain@capecoral.net
District 2, Peter Brandt: pbrandt@capecoral.net
District 3, William Deile: bdeile@capecoral.net
District 4, Chris Chulakes-Leetz: cleetz@capecoral.net
District 5, Erick Kuehn: ekuehn@capecoral.net
District 6, Kevin McGrail: kmcgrail@capecoral.net
District 7, Derric L. Donnell: ddonnell@capecoral.net
Thank you. PLEASE CONSIDER FORWARDING THIS MESSAGE TO ALL YOUR FRIENDS, FAMILY, AND ACQUAINTANCES WHO LIVE IN CAPE CORAL!
We can make it happen.
May 3, 2010
LOCAL FERTILIZER ORDINANCES SAFE FOR NOW
Both the Senate and House bills that threatened local fertilizer ordinances failed to win passage in the closing moments of the 2010 Florida Legislative session on Friday. Local fertilizer laws remain intact today without the threat of preemption by the state.
Fertilizer runoff is one of the most harmful pollutants PURRE and others are working to reduce. This is a victory for now but in the fight for clean water, we can never rest on a victory in one battle. And this one was close: The language containing amendments that would have overturned the strong rules regulating fertilizer pollution adopted by so many Florida counties and cities was only withdrawn from the Senate version of the bill (SB382) at the 11th hour. The House companion bill (HB 1445) still contained the preemption language and could have been sent back to the Senate. Luckily, that never happened.
This is a fight that will have to be watched closely even as we work to convince even more municipalities and communities to adopt stricter rules, higher standards, and better practices for fertilizer use.
SPECIAL LEGISLATIVE ALERT
April 26, 2010 – The city of Sanibel sent out a Special Legislative Alert today asking people to add their voices to the call to stop harmful legislation currently being considered by Florida's State Legislators that would result in Sanibel waters being further polluted by fertilizers.
Also today, the Sanibel issued a letter in opposition of Senate Bill 382 and House Bill 1445. Click here to view the letter.
Some background:
1 - A statewide fertilizer ordinance was being considered in 2008 but never came up for a vote due to opposition from groups that felt it was not strong enough and could have pre-empted localities from enacting stronger ordinances that went beyond the provisions of the state law..
2 - A similar bill was passed in 2009, though, and signed by Gov. Crist. So there IS a statewide fertilizer bill in effect with a model ordinance for localities to follow. As written, it doesn't pre-empt stricter bills by local governments.
3 - Opponents of that bill – primarily the agriculture and fertilizer industries – are now trying to pass a different bill that would effectively pre-empt stricter local ordinances by requiring them to jump quite a hurdle before they could enact stricter fertilizer regulations; i.e., they would first have to have their local waters designated as "impaired." That bill passed the House General Government Council Friday and is moving forward in the House or Senate.
4 - Meanwhile, the 2009 state fertilizer ordinance stands.
It is PURRE's belief that a standard statewide fertilizer ordinance with regulations specifying acceptable nutrient limits, calculated to protect against degradation of water quality, should be put in place as mandatory minimum standards, with the right of localities to enact more stringent controls as they deem necessary to achieve the level of water quality that they determine appropriate for their respective communities and water bodies.
It is important to reaffirm that each community has the right to determine its own course environmentally, subject to minimum standards, much as it has the right to determine its own zoning restrictions. Local governments should not be pre-empted explicitly from setting their own, respective standards that exceed the statewide minimums.
Nor should local governments be pre-empted implicitly by being required to meet insurmountable obstacles in order to protect their respective local environments. PURRE believes that the current law is not broken and, therefore, there is no reason to revise it in any way.
The city of Sanibel in its call to action today has asked everyone to please contact the following Florida State Legislators and ask them to stop urban fertilizer preemption and protect local economies from Senate Bill 382 and House Bill 1445:
FLORIDA SENATE
Senator Jeff Atwater (Senate President) atwater.jeff.web@flsenate.gov
Senator Thad Altman altman.thad.web@flsenate.gov
Senator Dave Aronberg aronberg.dave.web@flsenate.gov
Senator Carey Baker baker.carey.web@flsenate.gov
Senator Michael Bennett bennett.mike.web@flsenate.gov
Senator Lee Constantine constantine.lee.web@flsenate.gov
Senator Victor Crist crist.victor.web@flsenate.gov
Senator Nancy Detert detert.nancy.web@flsenate.gov
Senator Paula Dockery dockery.paula.web@flsenate.gov
Senator Mike Fasano fasano.mike.web@flsenate.gov
Senator Alfred Lawson lawson.alfred.web@flsenate.gov
Senator Nan Rich rich.nan.web@flsenate.gov
Senator Garrett Richter richter.garrett.web@flsenate.gov
Senator Gary Siplin siplin.gary.web@flsenate.gov
Senator Eleanor Sobel sobel.eleanor.web@flsenate.gov
Senator Alex Villalobos villalobos.alex.web@flsenate.gov
FLORIDA HOUSE OF REPRESENTATIVES
Representative Larry Cretul (Speaker of the House) larry.cretul@myfloridahouse.gov
Representative Gary Aubuchon gary.aubuchon@myfloridahouse.gov
Representative Paige Kreegel paige.kreegel@myfloridahouse.gov< /span>
Representative Kenneth Roberson ken.roberson@myfloridahouse.gov
Representative Nicholas Thompson nick.thompson@myfloridahouse.gov
Representative Trudi Williams trudi.williams@myfloridahouse.gov
LET YOUR VOICE BE HEARD!
# # #
June 2, 2009 - Regarding the issue of a state-wide fertilizer ordinance, which some groups have lobbied against while they wait for the "perfect" bill, the ordinance that contains everything they're seeking and nothing they object to, PURRE's position was summed up nicely the first time a state-wide ordinance was defeated by now-Vice Chair Maureen Valiquette in the article below as follows:
Despite the challenges faced by PURRE on the state and local level, where they have met strong resistance to passing these laws from both the fertilizer and agriculture industries, Valiquette said their approach to pushing tougher restrictions was to appreciate even the smallest steps that were taken by officials to improve them. She believes that a weak ordinance is better than no ordinance when she referred to the recent rejection of a state-wide fertilizer bill and the decision to shut it down.
“To us, that was not a victory. That was a loss because we could have taken this ordinance and made it stronger,” said Valiquette, adding that their work is far from over as they begin to prepare for a challenge in Tallahassee and will need to work throughout the upcoming year to put together another ordinance that would help toughen state-wide restrictions.
“A bill could be amended to be stronger, and there were some good things about it. It would have been better than nothing and it could be worked on,” Valiquette said. “From the beginning, PURRE has always been an organization that meets with the decision makers and says, ‘What can we do to help and how can we make things better?’”
Island Reporter Week of May 29, 2008
PURRE APPLAUDS NEW FERTILIZER ORDINANCE
By Ida Vaynberg
They have been there all the way – helping to raise awareness about the ongoing threats to our waterways, watching the legislature as it makes critical decisions and working towards improving the policies that protect our quality of life.
Speaking on behalf of People United to Restore our Rivers and Estuaries (PURRE), Maureen Valiquette, Operations Manager for the organization, said that they were grateful that Lee County recently passed a fertilizer ordinance that is scheduled to go into effect in May 2009.
Lee County Commissioners voted unanimously on May 13 approving the new ordinance that will prohibit the use of fertilizers between June 1 and Sept. 30, or what is considered to be the rainy season.
A grace period of one year is in effect until then so that proper authorities can take their time to educate the public about the ordinance and proper use of fertilizers.
PURRE, along with other organizations who continue to monitor Florida’s waters, will help to distribute the educational information.
Once the ordinance goes into effect, violators will face fines up to $500 if caught for the offense. The first violation will cost them $100, the second $250, and anything thereafter will be subject to the maximum fine.
While it will be difficult to “police” everyone to make sure that ordinance is being followed, any police officer, inspector or Lee County official will be able to issue a fine.
Valiquette explained that when the draft fertilizer ordinance was proposed, PURRE felt that it needed to be strengthened, so she took the time to look over each section, did some research and made some suggestions.
“The idea of them doing it was fabulous and to think that the whole county would have a fertilizer ordinance – it could make such a difference to water quality,” she said, adding that it was essential to help the organization reach its goals.
When the draft of the final ordinance had arrived, Valiquette said that they were happy to see that most of the changes they had asked for had been applied.
For example, the preliminary draft suggested that the ordinance would not affect non-professional landscapers (homeowners), but PURRE recommended that it should affect all those who use fertilizers, maintaining that homeowners would be more likely to educate themselves and follow rules if they had applied to them.
PURRE also made such important suggestions as requiring all professional landscapers to make sure that there is at least one Best Management Practices (BMP) trained landscaper at the site where fertilizer is being applied, and insisted on pushing the increase of the buffer zone where no fertilizer can be applied within a certain distance of the water line from the original three feet to 10 feet.
In addition, they pointed out that the original proposal did not have limits on nitrogen and phosphorous content in fertilizers, and the ordinance was changed to reflect that suggestion.
While PURRE’s suggestion of “three strikes and you’re out” policy for violations accrued by the professional, licensed landscapers was not adopted, they succeeded in having the actual fines raised to more substantial amounts.
Also, their suggestion that the county could urge or encourage golf courses to use the Audubon International Sanctuary Program for Golf Courses, which would help them adopt greener practices, did not pass.
“We were pretty happy with the changes, and we offered our help as an organization, because we felt that the next step after this, the most important step, is going to be the education of not only homeowners but anybody that uses fertilizers,” she said. “We offered our support and help in getting the message out.”
Despite the challenges faced by PURRE on the state and local level, where they have met strong resistance to passing these laws from both the fertilizer and agriculture industries, Valiquette said their approach to pushing tougher restrictions was to appreciate even the smallest steps that were taken by officials to improve them. She believes that a weak ordinance is better than no ordinance when she referred to the recent rejection of a state-wide fertilizer bill and the decision to shut it down.
“To us, that was not a victory. That was a loss because we could have taken this ordinance and made it stronger,” said Valiquette, adding that their work is far from over as they begin to prepare for a challenge in Tallahassee and will need to work throughout the upcoming year to put together another ordinance that would help toughen state-wide restrictions.
“A bill could be amended to be stronger, and there were some good things about it. It would have been better than nothing and it could be worked on,” Valiquette said. “From the beginning, we have always been an organization that meets with the decision makers and say, ‘What can we do to help and how can we make things better?’”
