state legislature takes aim at local control of water pollution

March 30, 2011

Dear PURRE Members:

Two bills are making their way through the Florida Legislature that could do great harm to the quality of water in our state. If passed, these bills could open the door to increased harmful algal blooms, larger and more frequent bouts of red tide, fish kills, dirty water – and a negative impact on tourism, the basis for Florida’s economy.

Both House and Senate bills would usher in statewide regulations on use and application of fertilizers; further, both bills would void, or preempt, all existing local fertilizer ordinances. More than 40 Florida municipalities have already adopted more stringent laws than the proposed state rule.

As Sanibel’s Vice Mayor Mick Denham has said, it is ironic that the state of Florida would seek to disenfranchise local governments when Tallahassee assaults Washington, D.C. for precisely the same thing – preempting states’ rights to the federal government. Local control in Southwest Florida has led to effective regulation and we don’t want the state tying our hands.

The proposed legislation puts forth a substantially weaker model fertilizer ordinance to be followed statewide. It removes the existing prohibition on fertilizer sales during the summer months and redefines the rainy season – during which fertilizers containing nitrogen and phosphorus cannot currently be applied – as when the National Weather Service has issued a flood, tropical storm, or hurricane watch or warning; or “if heavy rain is likely.” Of course, that would be impossible to enforce.

This weaker state ordinance, I believe, is due to the influence of the fertilizer manufacturers and will do nothing to help the real problem. It will prevent local communities from legislating tougher clean water rules. We want clean water, and we want the state of Florida to honor our local rights.

House Bill 457, which narrowly passed the Community and Military Affairs Subcommittee last week, has yet to face the House State Affairs Committee; Senate Bill 606 must still face the Committee on Community Affairs and the Committee on Rules.

Should these bills make it through committee and become law, taxpayers will inevitably pay the higher costs of cleaning up dirty water. Prevention through urban fertilizer management, experts say, is the most cost-effective strategy for protecting our water resources. Ideally, as each community adopts similar standards, this creates a regional approach to tackling water pollution. This is exactly what has happened in Southwest Florida, through local ordinances on Sanibel, Cape Coral, Fort Myers Beach, Bonita Springs and Naples. As they say, “If it ain’t broke, don’t fix it.”

Opposition to these bills is growing – we have momentum on our side and we can stop this bill.

What you can do NOW is taken pen to paper, or fingers to keyboard, to write old-fashioned hard copy letters to legislators (by snail mail or fax). These have been found to be the most compelling method for communicating with legislators. The focus of our efforts now is on the Senate Committee on Community Affairs and our basic message is to vote NO on SB 606. Here are their addresses. If you can only write one or two, please choose the ones we’ve highlighted in red – but any letters you feel you can write will be helpful and appreciated. Talking points follow the addresses that you can use in your letter if you so choose. And THANK YOU!

Your chairman,

Michael J. Valiquette

Senate Committee on Community Affairs

Chair: Sen. Michael S. Bennett (R)

404 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Vice-Chair: Sen. Jim Norman (R)

214 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. Paula Dockery (R)

224 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. Anthony C. Hill, Sr. (D)

213 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. Garrett Richter (R)

322 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. Jeremy Ring (D)

210 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. Ronda Storms (R)

413 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. John Thrasher (R)

400 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

Sen. Stephen R. Wise (R)

410 Senate Office Bldg., 404 So. Monroe St., Tallahassee, FL 32399-1100

TALKING POINTS for letters

SB 606 takes away local authority to adopt protective fertilizer management practices; that means it will cost taxpayers more for clean-up if we can’t prevent the pollution in the first place.
A one-size-fits-all approach that makes communities adopt a weak state rule guarantees inadequate water quality protection and waterfront economies cannot afford dirty water!
The current statute allows local control; it is working great and should not be changed.
Senate President Haridopolous made it clear in his opening day remarks – home rule must be respected.
The proposed one-size-fits-all state rule is weaker than the recommendations of the Florida Yards & Neighborhoods Program – that makes no sense.
All of the stronger local ordinances contain standards based on the Florida Yards & Neighborhoods Program – the recommendations promoted by county extensionists all over the state.
Prevention is cheaper than cure!
Over 40 local governments have already adopted more stringent ordinances than the proposed state rule – without negative impacts.
Nutrient pollution is bad for Florida businesses – it makes no sense to favor the fertilizer industry at the expense of the rest of the business community that depends on tourism.
Urban fertilizer management is the cheapest way to protect our water resources – don’t let Tallahassee take it away!
There is no patchwork of different ordinances – on the gulf coast each community has adopted the same standards for a regional approach to tackling water pollution.
The fertilizer industry has wasted the state Legislatures time for the past five years – for the last four years preemption has been defeated because cheap clean water is important to republicans and democrats alike.
Urban Floridians should not leave agricultural producers and wastewater treatment operators on the hook for the state’s nutrient pollution problem; because urban residents contribute to the problem, they should also contribute to the solution and wise fertilizer management is easy and saves the consumer money!
What feeds lawns also fuels the scum that clogs waterways and Floridians are collectively over-feeding the scum. The “scum” jeopardizes public health and our ability to swim, fish and boat in lakes, springs, and rivers and at our famous beaches – an easy way to fight the scum is strong fertilizer control.
Because our tourist economy depends on clean water, Florida communities need a low-cost way to combat the problem.
Communities can protect their tax dollars by adopting strong fertilizer management policies – it makes no sense for legislators to be against raising taxes and then vote for something that will raise them!
Without the ability to regulate the over-use of urban fertilizer, Florida communities would be left only the most expensive methods to reduce nutrient pollution.
Opposition to preemption is diverse and growing everyday and includes: Florida Association of Counties, the Florida League of Cities, the Florida Stormwater Association, the United Waterfowlers of Florida, the Snook Foundation, Gulf Fishermen’s Association, and innumerable homeowners associations, waterfront businesses and water quality advocate organizations

state legislature takes aim at local control of water pollution

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