Compromise Offered On Florida Fertilizer Bill

Following several weeks of discussion surrounding a statewide fertilizer rule, lawmakers reached 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.

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 10-foot buffer zone between a fertilized-area and any water bodies and deflector shield requirements.

Additionally, HB 457 would allow the Department of Agriculture and Consumer Services the exclusive authority to regulate the sale and composition of fertilizer and offers an added layer of accountability to the local fertilizer rulemaking process. The exclusion of sales bans helps retailers create a uniform method for distribution.

♦The March “FFAA For Fertile Minds” column by Mary Hartney touches on this subject and how growers need to speak out.to read.♦

“As amended, this legislation provides consumer choice protections as well as prevents the burdensome red tape which impaired Florida’s retailers ability to continuously adapt to changing local sales rules,” said Sally West, Director of Governmental Affairs for the Florida Retail Federation. “This provides the uniform fertilizer sales rule we have continuously supported and creates a leveled playing field for retailers across the majority of the state.”