Local governments play a major role in implementing total maximum daily loads. As such, they must be able to control sources of pollution locally. While agriculture has its own set of controls for fertilizer, urban use of fertilizer must also be controlled. Urban use of fertilizer is a significant contributor of nitrogen and phosphorus to Florida’s water bodies. During the 2009 Legislative Session, a consensus was reached on the fertilizer issue in SB 494 by Senator Bennett. The bill allows local governments to pass stricter standards than the Florida Friendly model ordinance, but requires a showing that the stricter provisions are necessary to adequately address urban fertilizer nonpoint source pollution, and the local government is required to document consideration from relevant state agencies that provide scientific comment on the ordinance, although final authority still rests with the local government. Additionally, a local government that has a watershed with impaired waterbodies in its jurisdiction is required to pass, at a minimum, the Florida Friendly model ordinance. Current ordinances are grandfathered in, but if the ordinance is revised in the future, it would be subject to the requirements contained in the bill. During the 2010 Regular Session, there were several attempts to further restrict local fertilizer ordinances. However, none of these attempts were successful.
To read 2009 SB 494, click here.