Backup Documents 07/09/2019 Item #17B REPEALING ORDINANCE 27-9-2019
178
COLLIER COUNTY FLORID 01 1 –2 4
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEAit1iw,
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location, etc.)
**********************************************************************************************************
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 11,2019
Petition No. (If none, give brief description): Ordinance–Fertilizer Ordinance
Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 15+days before hearing.)July 9,2019(ad to run no later than
WEDNESDAY,June 19,2019)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location& Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING
AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN
LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO #4500196148
Reviewed by:
Division Administrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY : /�
Date Received- t Date of Public hearing: 1-1 1 Date Advertised: 4Q-4-1-`1
17B
.' I //.�
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a: r.r;;..,..,.r_-,
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 11,2019
Petition No.(If none,give brief description): Ordinance—Fertilizer Ordinance
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 15+days before hearing.)July 9,2019(ad to run no later than
WEDNESDAY,June 19,2019)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text:(Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,REPEALING
AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN
LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
1 PO#4500196148
Reviewed l i :
ANri
Division A77112-Z or Designee Date
List Attachme s: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑Requesting Division 0 Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: Date of Public hearing: Date Advertised:
17 w.
1 ORDINANCE NO.2019-
2
3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
4 COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING
5 ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY
6 FERTILIZER AND URBAN LANDSCAPING ORDINANCE;
7 PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
8 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance
12 No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly
13 Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and
14
15 WHEREAS, since such time,the Model Ordinance has been updated and modified; and
16
17 WHEREAS, the quality of Collier County's stormwater conveyances, rivers, creeks,
18 canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance
19 No. 2011-24, including the County recently experiencing the worst red tide bloom in its history,
20 which devasted local fish and wildlife, rendered fishing and beach-going untenable for lengthy
21 periods of time, and greatly impacted the County's tourist industry; and
22
23 WHEREAS, the Board of County Commissioners has heard testimony, reviewed
24 documents, and has considered relevant scientific information, including input from all relevant
25 State Agencies, including the Department of Environmental Protection, the Department of
26 Agriculture and Consumer Services, and the University of Florida Institute of Food and
27 Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer
28 use as a contributor to water quality degradation; and
29
30 WHEREAS, based on this testimony and documents, the Board has concluded that
31 additional or more stringent standards than the model ordinance are necessary in order to
32 adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water
33 body.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
37
38 SECTION ONE: Title and Citation
39
40 This Ordinance shall be known and cited as "The Collier County Fertilizer and Urban
41 Landscaping Ordinance," and is intended to repeal and replace Ordinance No. 2011-24. The
42 provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of
43 Collier County.
44
45
46
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47 SECTION TWO: Findings
48
49 The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them
50 as if fully set forth herein as the Board's legislative findings.
51
52 SECTION THREE: Purpose and Intent
53
54 This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
55 training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing
56 requirements; establishes a Prohibited Application Period; specifies allowable fertilizer
57 application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions.
58 The Ordinance requires the use of Best Management Practices which provide specific
59 management guidelines to minimize negative secondary and cumulative environmental effects
60 associated with the misuse of fertilizers. These secondary and cumulative effects have been
61 observed in and on Collier County's natural and constructed stormwater conveyances, rivers,
62 creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies
63 are an asset critical to the environmental, recreational, cultural and economic well-being of
64 Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder
65 the effectiveness of flood attenuation provided by natural and constructed stormwater
66 conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in
67 fertilizer, will help improve and maintain water and habitat quality.
68
69 SECTION FOUR: Definitions
70
71 The following terms shall have the meanings set forth in this section unless the context
72 clearly indicates otherwise.
73
74 "Administrator" means the Collier County Administrator, or an administrative official of Collier
75 County designated by the County Administrator to administer and enforce the provisions of this
76 Article.
77
78 "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape
79 plants.
80
81 "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in Collier
82 County.
83
84 "Approved Best Management Practices Training Program" means a training program approved
85 per F.S. § 403.9338, or any more stringent requirements set forth in this Article that includes the
86 most current version of the Florida Department of Environmental Protection's "Florida-Friendly
87 Best Management Practices for Protection of Water Resources by the Green Industries,2008," as
88 revised, and approved by the Collier County Administrator.
89
90 "Board or Governing Board" means the Board of County Commissioners of Collier County,
91 Florida.
92
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93 "Best Management Practices" means turf and landscape practices or combination of practices
94 based on research, field-testing, and expert review, determined to be the most effective and
95 practicable on-location means, including economic and technological considerations, for
96 improving water quality, conserving water supplies and protecting natural resources.
97
98 "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of
99 Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
100
101 "Commercial Fertilizer Applicator", except as provided in F.S. § 482.1562(9), means any person
102 who applies fertilizer for payment or other consideration to property not owned by the person or
103 firm applying the fertilizer or the employer of the applicator.
104
105 "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf,
106 specialized turf, or landscape plants.
107
108 "Fertilizer" means any substance or mixture of substances that contains one or more recognized
109 plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other
110 soil enrichment, or provides other corrective measures to the soil. Reclaimed water is not
111 considered a fertilizer.
112
113 "Green Industries Best Management Practices (GI-BMPs)" shall be defined as a science-based
114 educational program for Green Industry workers (lawn-care and landscape maintenance
115 professionals). The GI-BMPs teach environmentally safe landscaping practices that help
116 conserve and protect Florida's ground and surface waters.
117
118 "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing
119 capability claimed to be present in a fertilizer.
120
121 "Impervious" shall be defined as a constructed surface, such as a sidewalk, road, parking lot, or
122 driveway, covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or
123 highly compacted soils.
124
125 "Institutional Applicator" means any person, other than a private, non-commercial or a
126 Commercial Applicator(unless such definitions also apply under the circumstances),that applies
127 fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators
128 shall include, but shall not be limited to, owners, managers or employees of public lands,
129 schools, parks, religious institutions, utilities, industrial or business sites and any residential
130 properties maintained in condominium and/or common ownership.
131
132 "Landscape Plant"means any native or exotic tree, shrub, or groundcover(excluding turf).
133
134 "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water
135 courses which is planted and managed in order to minimize the need for fertilization, watering,
136 mowing, etc.
137
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138 "Person"means any natural person, business, corporation, limited liability company, partnership,
139 limited partnership, association, club, organization, and/or any group of people acting as an
140 organized entity.
141
142 "Prohibited Application Period" means the time period during which a Flood Watch or Warning,
143 or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any
144 portion of Collier County, issued by the National Weather Service, or if there is a 60%chance of
145 2 inches or greater of rain in a 24-hour period.
146
147 "Reclaimed Water" shall be defined per Chapter 62-610 F.A.C. as it may be amended from time
148 to time, as water that has received at least secondary treatment and basic disinfection and is
149 reused after flowing out of a domestic wastewater treatment facility.
150
151 "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
152 flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is
153 present or the pressure of a person standing on the soil causes the release of free water.
154
155 "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water
156 Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and
157 use after application, or which extends its availability to the plant longer than a reference rapid or
158 quick release product.
159
160 "Specialized Turf Managers" shall be defined as landscape managers of non-agricultural land
161 planted exclusively for golf course,parks, or athletic fields.
162
163 "Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of the
164 grass.
165
166 "Urban landscape" means pervious areas on residential, commercial, industrial, institutional,
167 highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural
168 plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02.
169
170 "Waterbody or Waterbodies" shall be defined as any visible, standing or open body of water.
171 This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal
172 waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of
173 permanent or temporary standing or visible water whether or not the waterbody is natural or
174 man-made or contained by impervious surfaces on the bottom or sides and all wetlands.
175
176 "Wetlands" shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time,
177 as those areas that are inundated or saturated by surface water or groundwater at a frequency and
178 a duration sufficient to support, and under normal circumstances do support, a prevalence of
179 vegetation typically adapted for life in saturated soils.
180
181
182
183
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184 SECTION FIVE: Applicability
185
186 This Ordinance shall be applicable to and shall regulate any and all applicators of
187 fertilizer and areas of application of fertilizer within the unincorporated area of Collier County,
188 unless such applicator is specifically exempted by the terms of this Ordinance from the
189 regulatory provisions of this Ordinance. This Ordinance shall be prospective only and shall not
190 impair any existing contracts.
191
192 SECTION SIX: Timing of Fertilizer Application
193
194 No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
195 landscape plants during the Prohibited Application Period,or to saturated soils.
196
197 SECTION SEVEN: Prohibitions
198
199 A. Application of phosphorus fertilizer to turf is prohibited unless a soil test conducted
200 within the last 12 months indicates a phosphorus deficiency. Soil test method and limits
201 shall be those recommended by OF/IFAS;
202
203 B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or
204 landscape plants during the Prohibited Application Period or to saturated soils;
205
206 C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody;
207
208 D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer
209 must be immediately removed from the impervious surface;
210
211 E. Fertilizer shall not be applied within ten (10) feet of any waterbody except that newly
212 planted turf and/or landscape plants may be fertilized only for a sixty (60) day period
213 beginning 30 days after planting, if needed to allow the plants to become well
214 established;
215
216 F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land
217 Development Code 3.05.07.F.3.f.; and
218
219 G. With the exception of grass clippings from mowing grassed swales, grass clippings or
220 vegetative material and vegetative debris shall not be washed, swept, or blown onto
221 impervious surfaces, into waterbodies, wetlands, or any part of the stormwater
222 management system. Any material that is accidentally so deposited shall be immediately
223 removed.
224
225 SECTION EIGHT: Exemptions
226
227 The provisions set forth above in this Ordinance shall not apply to:
228
229 A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;
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230
231 B. Other properties not subject to or covered under the Florida Right to Farm Act that have
232 pastures used for grazing livestock;
233
234 C. Any lands used for bona fide scientific research, including, but not limited to, research on
235 the effects of fertilizer use on urban stormwater, water quality, agronomics, or
236 horticulture;
237
238 D. All golf courses provided that management is done within the provisions of the Florida
239 Department of Environmental Protection document, "Best Management Practices for the
240 Enhancement of Environmental Quality on Florida Golf Courses, 2007" (Florida Golf
241 Course BMPs), as updated. Florida Golf Course BMPs shall be followed when
242 performing management practices on golf course practice and play areas. If Florida Golf
243 Course BMPs are not adhered to, Collier County may take enforcement action in
244 accordance with Section 14 of this Ordinance. Non-play areas are not exempt; and
245
246 E. All Specialized Turf Managers provided that fertilization is based on the provisions of
247 Rule 5E-1.003 F.A.C. and UF/IFAS Publication#SL 191: Recommendations for N, P, K,
248 and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant,
249 while maintaining the health and function of their Specialized Turf areas, as updated or
250 amended.
251
252 SECTION NINE: Fertilizer Content and Application Rates
253
254 A. Fertilizers applied to turf within Collier County shall be applied in accordance with
255 requirements and directions provided by Rule 5E-1.003, Florida Administrative Code;
256
257 B. Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and
258 shall not be applied for the first 30 days after seeding or sodding, except when hydro-
259 seeding for temporary or permanent erosion control in an emergency situation (wildfire,
260 etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site;
261
262 C. A Guaranteed Analysis may be required of alternative fertilizers such as manure or
263 compost at the applicators/property owner's expense;
264
265 D. Areas that have reclaimed water must account for the amount of nitrogen and phosphorus
266 in the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is
267 distributed within unincorporated Collier County must make this information available on
268 a quarterly basis;
269
270 E. Nitrogen content in any fertilizer must be at a minimum of 50% slow release; and
271
272 F. Rule 5E-1.003, F.A.C. contains provisions for golf courses, parks and athletic fields. As
273 such,no additional specific requirements are included for these types of urban turf
274
275
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276 SECTION TEN: Application Practices
277
278 A. Fertilizer shall not be applied within 10 feet of any waterbody;
279
280 B. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
281 Deflectors must be positioned such that fertilizer granules are deflected away from all
282 impervious surfaces, fertilizer-free zones and waterbodies, including wetlands;
283
284 C. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
285 Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
286 impervious surface shall be immediately and completely removed and either legally
287 applied to turf or any other legal site, or returned to the original or other appropriate
288 container; and
289
290 D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
291 stormwater drains, ditches, conveyances, or waterbodies.
292
293 SECTION ELEVEN: Training
294
295 A. All commercial and institutional applicators of fertilizer within the unincorporated area of
296 Collier County shall abide by and successfully complete the six-hour training program in
297 the "Florida Friendly Best Management Practices for Protection of Water Resources by
298 the Green Industries" offered by the Florida Department of Environmental Protection
299 through the University of Florida Extension "Florida-Friendly LandscapingTM" program,
300 or an approved equivalent; and
301
302 B. Private, non-commercial applicators are exempt from formal training and certificate
303 requirements but are encouraged to follow the recommendations of the University of
304 Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.
305
306 SECTION TWELVE: Licensing of Commercial Applicators
307
308 A. All commercial applicators of fertilizer within the unincorporated area of Collier County
309 shall have and carry in their possession at all times, when applying fertilizer, evidence of
310 certification by the Florida Department of Agriculture and Consumer Services as a
311 Commercial Fertilizer Applicator per 5E-14.117(11)F.A.C. as amended; and
312
313 B. All businesses applying fertilizer to turf and/or landscape plants (including but not
314 limited to residential lawns, golf courses, commercial properties, and multi-family and
315 condominium properties) must ensure that at least one employee has a Florida-Friendly
316 Best Management Practices for Protection of Water Resources by the Green Industries
317 training certificate prior to the business owner obtaining a Local Business Tax License.
318 Owners for any category of occupation which may apply any fertilizer to Turf and/or
319 Landscape Plants shall provide proof of completion of the program to the County Tax
320 Collector's Office prior to obtaining their first business tax license.
321
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322 SECTION THIRTEEN: Low Maintenance Zones
323
324 A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly
325 recommended. Failure to comply with state regulations and best management practices when
326 applying pesticides in the low maintenance zone is considered a violation of this ordinance.
327
328 SECTION FOURTEEN: Penalty for Violations
329
330 Violation of any provision of this Ordinance shall be punishable by a fine not exceeding
331 $500. All violations of this Ordinance may be processed according to the Collier County
332 Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions
333 of Chapter 162,pts. I or II, Florida Statutes, as may be applicable.
334
335 SECTION FIFTEEN: Conflict and Severability
336
337 In the event this Ordinance conflicts with any other ordinance of Collier County or other
338 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
339 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
340 separate, distinct and independent provision and such holding shall not affect the validity of the
341 remaining portion.
342
343 SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances
344
345 The provisions of this Ordinance shall become and be made a part of the Code of Laws
346 and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
347 or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
348 "article," or any other appropriate word.
349
350 SECTION SEVENTEEN: Effective Date
351
352 This Ordinance shall become effective upon receipt of notice from the Secretary of State
353 that this Ordinance has been filed with the Secretary of State.
354
355 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
356 County, Florida,this day of , 2019.
357
358 ATTEST: BOARD OF COUNTY COMMISSIONERS
359 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
360
361 By: By:
362 , Deputy Clerk William L. McDaniel, Jr., Chairman
363
364 Approv:t . �
. • P, ••• .•• egality:
365 .'Ill Ifin
366 I� ly r '
367 Jeffrey Al 1. ,:'kow, County Attorney
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Teresa L. Cannon
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Thursday, June 27, 2019 4:40 PM
To: Minutes and Records
Cc: KinaszczukDanette
Subject: See attached revised version of an Ordinance advertised for the 7/9/19 BCC Meeting -
Thank you!!!
Attachments: Ordinance - Fertilizer and Urban Landscaping - JAK signed.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239)252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
17B
ORDINANCE NO. 2019 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING
ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY
FERTILIZER AND URBAN LANDSCAPING ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly
Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and
WHEREAS, since such time,the Model Ordinance has been updated and modified; and
WHEREAS, the quality of Collier County's stormwater conveyances, rivers, creeks,
canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance
No. 2011-24, including the County recently experiencing the worst red tide bloom in its history,
which devasted local fish and wildlife, rendered fishing and beach-going untenable for lengthy
periods of time, and greatly impacted the County's tourist industry; and
WHEREAS, the Board of County Commissioners has heard testimony, reviewed
documents, and has considered relevant scientific information, including input from all relevant
State Agencies, including the Department of Environmental Protection, the Department of
Agriculture and Consumer Services, and the University of Florida Institute of Food and
Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer
use as a contributor to water quality degradation; and
WHEREAS, based on this testimony and documents, the Board has concluded that
additional or more stringent standards than the model ordinance are necessary in order to
adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water
body.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Title and Citation
This Ordinance shall be known and cited as "The Collier County Fertilizer and Urban
Landscaping Ordinance," and is intended to repeal and replace Ordinance No. 2011-24. The
provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of
Collier County.
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178
SECTION TWO: Findings
The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them
as if fully set forth herein as the Board's legislative findings.
SECTION THREE: Purpose and Intent
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable fertilizer
application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions.
The Ordinance requires the use of Best Management Practices which provide specific
management guidelines to minimize negative secondary and cumulative environmental effects
associated with the misuse of fertilizers. These secondary and cumulative effects have been
observed in and on Collier County's natural and constructed stormwater conveyances, rivers,
creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies
are an asset critical to the environmental, recreational, cultural and economic well-being of
Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder
the effectiveness of flood attenuation provided by natural and constructed stormwater
conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in
fertilizer,will help improve and maintain water and habitat quality.
SECTION FOUR: Definitions
The following terms shall have the meanings set forth in this section unless the context
clearly indicates otherwise.
"Administrator" means the Collier County Administrator, or an administrative official of Collier
County designated by the County Administrator to administer and enforce the provisions of this
Article.
"Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape
plants.
"Applicator" means any Person who applies fertilizer on turf and/or landscape plants in Collier
County.
"Approved Best Management Practices Training Program" means a training program approved
per F.S. § 403.9338, or any more stringent requirements set forth in this Article that includes the
most current version of the Florida Department of Environmental Protection's "Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as
revised, and approved by the Collier County Administrator.
"Board or Governing Board" means the Board of County Commissioners of Collier County,
Florida.
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"Best Management Practices" means turf and landscape practices or combination of practices
based on research, field-testing, and expert review, determined to be the most effective and
practicable on-location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
"Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
"Commercial Fertilizer Applicator", except as provided in F.S. § 482.1562(9), means any person
who applies fertilizer for payment or other consideration to property not owned by the person or
firm applying the fertilizer or the employer of the applicator.
"Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
"Fertilizer" means any substance or mixture of substances that contains one or more recognized
plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other
soil enrichment, or provides other corrective measures to the soil. Reclaimed water is not
considered a fertilizer.
"Green Industries Best Management Practices (GI-BMPs)" shall be defined as a science-based
educational program for Green Industry workers (lawn-care and landscape maintenance
professionals). The GI-BMPs teach environmentally safe landscaping practices that help
conserve and protect Florida's ground and surface waters.
"Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
"Impervious" shall be defined as a constructed surface, such as a sidewalk, road, parking lot, or
driveway, covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or
highly compacted soils.
"Institutional Applicator" means any person, other than a private, non-commercial or a
Commercial Applicator(unless such definitions also apply under the circumstances), that applies
fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators
shall include, but shall not be limited to, owners, managers or employees of public lands,
schools, parks, religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
"Landscape Plant"means any native or exotic tree, shrub, or groundcover(excluding turf).
"Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization, watering,
mowing, etc.
3
178
"Person" means any natural person, business, corporation, limited liability company,partnership,
limited partnership, association, club, organization, and/or any group of people acting as an
organized entity.
"Prohibited Application Period" means the time period during which a Flood Watch or Warning,
or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any
portion of Collier County, issued by the National Weather Service, or if there is a 60%chance of
2 inches or greater of rain in a 24-hour period.
"Reclaimed Water" shall be defined per Chapter 62-610 F.A.C. as it may be amended from time
to time, as water that has received at least secondary treatment and basic disinfection and is
reused after flowing out of a domestic wastewater treatment facility.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is
present or the pressure of a person standing on the soil causes the release of free water.
"Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water
Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and
use after application,or which extends its availability to the plant longer than a reference rapid or
quick release product.
"Specialized Turf Managers" shall be defined as landscape managers of non-agricultural land
planted exclusively for golf course,parks, or athletic fields.
"Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of the
grass.
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural
plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02.
"Waterbody or Waterbodies" shall be defined as any visible, standing or open body of water.
This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal
waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of
permanent or temporary standing or visible water whether or not the waterbody is natural or
man-made or contained by impervious surfaces on the bottom or sides and all wetlands.
"Wetlands" shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time,
as those areas that are inundated or saturated by surface water or groundwater at a frequency and
a duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soils.
4
17B
SECTION FIVE: Applicability
This Ordinance shall be applicable to and shall regulate any and all applicators of
fertilizer and areas of application of fertilizer within the unincorporated area of Collier County,
unless such applicator is specifically exempted by the terms of this Ordinance from the
regulatory provisions of this Ordinance. This Ordinance shall be prospective only and shall not
impair any existing contracts.
SECTION SIX: Timing of Fertilizer Application
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Prohibited Application Period,or to saturated soils.
SECTION SEVEN: Prohibitions
A. Application of phosphorus fertilizer is prohibited unless a soil test conducted within the
last 12 months indicates a phosphorus deficiency. Soil test method and limits shall be
those recommended by OF/IFAS;
B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or
landscape plants during the Prohibited Application Period or to saturated soils;
C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody;
D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer
must be immediately removed from the impervious surface;
E. Fertilizer shall not be applied within ten (10) feet of any waterbody except that newly
planted turf and/or landscape plants may be fertilized only for a sixty (60) day period
beginning 30 days after planting, if needed to allow the plants to become well
established;
F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land
Development Code 3.05.07.F.3.f.; and
G. With the exception of grass clippings from mowing grassed swales, grass clippings or
vegetative material and vegetative debris shall not be washed, swept, or blown onto
impervious surfaces, into waterbodies, wetlands, or any part of the stormwater
management system. Any material that is accidentally so deposited shall be immediately
removed.
SECTION EIGHT: Exemptions
The provisions set forth above in this Ordinance shall not apply to:
A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;
5411D
I. 78
B. Other properties not subject to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
C. Any lands used for bona fide scientific research, including, but not limited to, research on
the effects of fertilizer use on urban stormwater, water quality, agronomics, or
horticulture;
D. All golf courses provided that management is done within the provisions of the Florida
Department of Environmental Protection document, "Best Management Practices for the
Enhancement of Environmental Quality on Florida Golf Courses, 2007" (Florida Golf
Course BMPs), as updated. Florida Golf Course BMPs shall be followed when
performing management practices on golf course practice and play areas. If Florida Golf
Course BMPs are not adhered to, Collier County may take enforcement action in
accordance with Section 14 of this Ordinance. Non-play areas are not exempt; and
E. All Specialized Turf Managers provided that fertilization is based on the provisions of
Rule 5E-1.003 F.A.C. and OF/IFAS Publication#SL 191: Recommendations for N, P, K,
and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant,
while maintaining the health and function of their Specialized Turf areas, as updated or
amended.
SECTION NINE: Fertilizer Content and Application Rates
A. Fertilizers applied to turf within Collier County shall be applied in accordance with
requirements and directions provided by Rule 5E-1.003, Florida Administrative Code;
B. Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and
shall not be applied for the first 30 days after seeding or sodding, except when hydro-
seeding for temporary or permanent erosion control in an emergency situation (wildfire,
etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site;
C. A Guaranteed Analysis may be required of alternative fertilizers such as manure or
compost at the applicators/property owner's expense;
D. Areas that have reclaimed water must account for the amount of nitrogen and phosphorus
in the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is
distributed within unincorporated Collier County must make this information available on
a quarterly basis;
E. Nitrogen content in any fertilizer must be at a minimum of 50%slow release; and
F. Rule 5E-1.003, F.A.C. contains provisions for golf courses, parks and athletic fields. As
such, no additional specific requirements are included for these types of urban turf.
6
17B
SECTION TEN: Application Practices
A. Fertilizer shall not be applied within 10 feet of any waterbody;
B. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones and waterbodies, including wetlands;
C. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed and either legally
applied to turf or any other legal site, or returned to the original or other appropriate
container; and
D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or waterbodies.
SECTION ELEVEN: Training
A. All commercial and institutional applicators of fertilizer within the unincorporated area of
Collier County shall abide by and successfully complete the six-hour training program in
the "Florida Friendly Best Management Practices for Protection of Water Resources by
the Green Industries" offered by the Florida Department of Environmental Protection
through the University of Florida Extension "Florida-Friendly LandscapingTM" program,
or an approved equivalent; and
B. Private, non-commercial applicators are exempt from formal training and certificate
requirements but are encouraged to follow the recommendations of the University of
Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.
SECTION TWELVE: Licensing of Commercial Applicators
A. All commercial applicators of fertilizer within the unincorporated area of Collier County
shall have and carry in their possession at all times, when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as a
Commercial Fertilizer Applicator per 5E-14.117(11)F.A.C. as amended; and
B. All businesses applying fertilizer to turf and/or landscape plants (including but not
limited to residential lawns, golf courses, commercial properties, and multi-family and
condominium properties) must ensure that at least one employee has a Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries
training certificate prior to the business owner obtaining a Local Business Tax License.
Owners for any category of occupation which may apply any fertilizer to Turf and/or
Landscape Plants shall provide proof of completion of the program to the County Tax
Collector's Office prior to obtaining their first business tax license.
7
17B
SECTION THIRTEEN: Low Maintenance Zones
A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly
recommended. Failure to comply with state regulations and best management practices when
applying pesticides in the low maintenance zone is considered a violation of this ordinance.
SECTION FOURTEEN: Penalty for Violations
Violation of any provision of this Ordinance shall be punishable by a fine not exceeding
$500. All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions
of Chapter 162,pts. I or II, Florida Statutes, as may be applicable.
SECTION FIFTEEN: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION SEVENTEEN: Effective Date
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk William L. McDaniel,Jr., Chairman
Appro • ,r orm and legality:
Jeffrey '4: ;tzkow, County Attorney
8
17B
Acct. #027354
June 12, 2019
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Repealing Ordinance 2011-24
Dear Legals,
Please advertise the above referenced notice Wednesday, June 19, 2019 and
send the Affidavit of Publication, together with charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500196148
17B
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on July 9, 2019, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners
(BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
REPEALING AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY
FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.
All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any
item. The selection of any individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR., CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: Ann Jennejohn
Deputy Clerk(SEAL)
17B
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday,June 12, 2019 11:35 AM
To: Naples Daily News Legals
Subject: Fertilizer Ordinance
Attachments: Fertilizer Repealing 2011-24.doc; Fertilitzer Repealing 2011-24.doc
Good Morning,
Please advertise the attached on
Wednesday, June 19, 2019.
Thank you.
Ann Jennejohn
Senior Deputy Clerk
on err a;�r Office: 239-252-8406
Fax: 239-252-8408(if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
� 3299 Tamiami Trail, Suite#401
'(;ts"`` Naples, FL 34112-5324
www.CollierClerk.com
1
17B
Napirs Battu Ncwi
PART OF THE USA TODAY NETWORK
BCC ZONING DEPARTMEN
3299 TAMIAMI TRL E 700
NAPLES FL 34112-
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303809 0003627303 $416.50 $0.00 $416.50 Invoice $0.00 $416.50
Sales Rep: kthor Order Taker: kthor Order Created 06/12/2019
Product #Ins Start Date End Date
NDN-Naples Daily News 1 06/19/2019 06/19/2019
NDN-naplesnews.com 1 06/19/2019 06/19/2019
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
170
Text of Ad: 06/12/2019
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on July
9,2019, in the Board of Coun-
ty Commissioners Meeting
Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East, Naples FL.,
the Board of County Commis-
sioners (BCC)will consider the
enactment of a County Ordi-
nance. The meeting will com-
mence at 9:00 A.M. The title
of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, REPEALING AND RE-
PLACING ORDINANCE NO.
2011-24, BY ADOPTING THE
COLLIER COUNTY FERTILIZER
AND URBAN LANDSCAPING
ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND OR-
DINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is available
for inspection. All interested
parties are invited to attend
and be heard.
NOTE: All persons wishing to
speak on any agenda item
must register with the County
Manager prior to presenta-
tion of the agenda item to be
addressed. Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selec-
tion of any individual to speak
on behalf of an organization
or group is encouraged. If
recognized by the Chairman,
a spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made,which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County.Facilities Man-
17B
ayernent urvrsion, rocdteu at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
CLERK OF THE CIRCUIT COURT
&COMPTROLLER
By: Ann Jennejohn
Deputy Clerk(SEAL)
June 19,2019 #3627303
17B
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, June 12, 2019 3:12 PM
To: NeetVirginia; 'ColliMarian'; HayesJessica; MalcolmSheri
Subject: Legal proof re:fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019)
Attachments: OrderConf.pdf
Good Afternoon,
Since Dimly isn't ivt until next week, I was asked to forward
the attached legal proof (for approval) re: the fertilizer & urban landscaping
ordinance that will be advertised ovt June 19, 2.019 and heard by the
13CC at their meeting on July q, zo19. I'll need approval a.s.a.p.
Thank you!
Ann Jennejohn
Senior Deputy Clerk
Office: 239-252-8406
r
Fax: 239-252-8408(if applicable)
Ann.Jennejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent:Wednesday,June 12, 2019 1:55 PM
To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com>
Subject: RE: 3627303 - Fertilizer Ordinance
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Ann,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Jun 19 $416.50
The total cost is$416.50, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
Jun 18 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
17B
Ann P. Jennejohn
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Thursday,June 13, 2019 9:39 AM
To: Ann P. Jennejohn
Cc: KinaszczukDanette
Subject: Fw: Legal proof re:fertilizer&urban landscaping Ordinance (BCC Meeting 7-9-2019)
Ann:
See below.
Dinny
From: KlatzkowJeff
Sent: Wednesday,June 12, 2019 4:08:44 PM
To: NeetVirginia
Subject: Re: Legal proof re: fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019)
OK
Sent from my iPhone
On Jun 12, 2019, at 3:46 PM, NeetVirginia <Virginia.Neet@colliercountyfl.gov>wrote:
See attached for your approval. Title matches current ordinance. Hopefully, Danette does not
revise the title.
Dinny
From:Ann P.Jennejohn
Sent: Wednesday,June 12, 2019 3:12 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; 'ColliMarian' <Marian.Colli@colliercountyfl.gov>;
HayesJessica <Jessica.Hayes@colliercountyfl.gov>; MalcolmSheri<Sheri.Malcolm@colliercountyfl.gov>
Subject: Legal proof re: fertilizer& urban landscaping Ordinance (BCC Meeting 6-25-2019)
Good Afternoon,
Sivtce Pinny isn't in until vtext week, I was asked to forward
the attached legal proof (for approval) re: the fertilizer & urban landscaping
ordinance that will be advertised on Juvte 1q, zolq and heard by the
13CC at their meeting on. July q, 2019. I'(( vteed approval a.s.a.p.
Thank you!
<image003.png> Ann Jennejohn
Senior Deputy Clerk
17B
Ann P. Jennejohn
From: Danette Kinaszczuk <Danette.Kinaszczuk@colliercountyfl.gov>
Sent: Thursday,June 13, 2019 9:42 AM
To: NeetVirginia;Ann P.Jennejohn
Subject: RE: Legal proof re: fertilizer & urban landscaping Ordinance (BCC Meeting 7-9-2019)
No plans to revise the title. Will be making insubstantial changes plus the changes requested by BCC on Tuesday though
so rest of ordinance is not ready yet.
Thank you,
Danette Kinaszczuk, Pollution Control Manager
2685 South Horseshoe Drive,Ste 103
Naples, FL 34104
(239) 252-5032-office
(239) 253-5023-cell
iti
AColLier County.M
POLLUTION CONTROL
VC/ LIVE GREEN. SAVE BLUE.
From: NeetVirginia
Sent:Thursday,June 13, 2019 9:39 AM
To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Cc: Danette Kinaszczuk<Danette.Kinaszczuk@colliercountyfl.gov>
Subject: Fw: Legal proof re:fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019)
Ann:
See below.
Dinny
From: KlatzkowJeff
Sent: Wednesday,June 12, 2019 4:08:44 PM
To: NeetVirginia
Subject: Re: Legal proof re: fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019)
OK
Sent from my iPhone
On Jun 12, 2019, at 3:46 PM, NeetVirginia <Virginia.Neet@colliercountyfl.gov>wrote:
1
17B
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, June 13, 2019 10:15 AM
To: 'GRSC-West-Legals mbx'
Subject: RE: 3627303 - Fertilizer Ordinance
Good Moraivtg,
County staff has approved this proof,
please go ahead with publication
ov. June 19, 2.019.
Ann Jennejohn
SeniorDeputy Clerk
r
Office: 239-252-8406
Fax: 23 9-252-8408(if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent:Wednesday,June 12, 2019 1:55 PM
To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Subject: RE: 3627303 - Fertilizer Ordinance
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Ann,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Jun 19 $416.50
The total cost is$416.50, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
Jun 18 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
Thanks,
1
178
i Public Notices
NOTICE OF PUBUC HEARING Public NOtICeS
NOTICE OF INTENT TO � 2
CONSIDER AN ORDINANCE CRYSTAL K.KINZEL,CLERK
•
CLERK OF THE CIRCUIT COURT
Notice is hereby given that a &COMPTROLLER — m
public hearing will be held by BY: Ann Jennejohn 4 N
the Collier County Board of Deputy Clerk(SEAL) I Z
County Commissioners on July lune 19,2019 #3627303 I m
9,2014,in the Board of Coun-
ty Cbmmistioners Meeting !�
Room, Third Floor, Collier
Government Center, 3299 0 •
Tamiami Trail East,Naples FL.,
the Board of County Commis-
sioners(BCC)will consider the
• enactment of a County Ordi-
nance. The meeting will corn- m
mence at 9:00 A.M. The title
of the proposed Ordinance is Z
as follows: w
AN ORDINANCE OF THE <
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA,REPEALING AND RE- C
PLACING ORDINANCE NO. Z
2011-24, BY ADOPTING THE m
COLLIER COUNTY FERTILIZER ho
AND URBAN LANDSCAPING
ORDINANCE; PROVIDING FOR ro
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN to
THE CODE OF LAWS AND OR-
DINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
0
O
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is available
for inspection. All interested
parties are invited to attend
and be heard.
NOTE: All persons wishing to
speak on any agenda item
must register with the County
Manager prior to presenta-
tion of the agenda item to be
addressed. `Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selec-
tion of any individual to speak
on behalf of an organization
or group is encouraged. If
recognized by the Chairman,
a spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case,written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made,which record includes
the testimony and evidence
upon which the appeal is-
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled,at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East,Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
clays prior to the meeting. As-
sisted listening devices for the
hearing impaired areavaila-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN
178
4,
PA+tTOT THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ZONING DEPARTMEN T
3299 TAMIAMI TRL E 700
NAPLES,FL 34112
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared Vicky Felty who on oath says that she
serves as Legal Clerk of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising was published in said
newspaper on dates listed. Affiant further says that the said
Naples Daily News is a newspaper published at Naples, in
said Collier County, Florida, and that the said newspaper
has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee
counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples, In
said Collier County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any person, or corporation any discount,
rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
June 19,2019
Subscribe. .nd sworn to before on June 19,2019:
_.:_:-.5Q.xa,VY1.rm c9.LecA..
Notary,State of WI,County of Brown
I TARA MONDLOCH
Notary Public
State of Wisconsin
My commission expires August 6,2021
Publication Cost:$416.50
Ad No:0003627303
Customer No:1303809
PO#: 4500196148
178
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissionerson July
9,2019,in the Board of Coun-
ty Commissioners Meeting
Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East,Naples FL.
the Board of County Commis-
sioners(BCC)will consider the
enactment of a County Ordi-
nance. The meeting will com-
mence at 9:00 A.M. The title
of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERSOF COLLIEFCOUNTY,
FLORIDA,REPEALINGAND RE-
PLACING ORDINANCE NO.
2011-24, BY ADOPTING THE
COLLIER COUNTY FERTILIZE
AND URBAN LANDSCAPING
ORDINANCE;PROVIDING FOR
CONFLICTAND SEVERABILITI
PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND OR-
DINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and Is available
for inspection. All interested
parties are invited to attend
and be heard,
NOTE:All persons wishing to
speak on any agenda item
must register with the County
Manager prior to proserita
tion of the agenda item to be
addressed Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selinc-
tion of any individual to speak
on behalf of an organization
or group is encouraged If
recognized by the Chairman,
a spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case,written
materials intended 10 be coo
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
sever;days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made, which record includes
the testimony and evidence
upon which the appeal is
based
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East,Suite
101, Naples, FL 34112-5356.
(239) 252-8380, at least two
rtays nrinr to thr; moatinn Aa-
17
dlisten8
sisteing devices kir the_
hearing impaired aro availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
CLERKOF THE CIRCUITCOURT
&COMPTROLLER
By: Ann Jennojohn
Deputy Clerk(SEAL)
June 19,2019 #3627303
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 Et ,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co my Attorney Office no later
than Monday preceding the Board meeting. 77/q
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 7/9/19
4. BCC Office Board of County
Commissioners V 4/ -1`Q11`�
5. Minutes and Records Clerk of Court's Office „A9 CCS 325'
PRIMARY CONTACT INFORMATION e
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Danette Kinaszczuk,Capital Project Phone Number 252-5032
Contact/Department Planning,Impact Fees,and Program
Manageme t Division
Agenda Date Item was 7/9/19 Agenda Item Number 17-B
Approved by the BCC
Type of Document Ordinance-Fertilizer Number of Original One
Attached 111 1% Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa • STAMP OK JAK
2. Does the document need to be sent to another agency for a.•' •I 1 si mi. i es? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 7/9/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the LG6L.,N is not
BCC,all changes directed by the BCC have been made,and the document is ready fo the, r an tion for
Chairman's signature. V .1Vei& this ine.
[04-COA-01081/1344830/11I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1 7 .E
ORDINANCE NO. 2019 - 1 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING
ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY
FERTILIZER AND URBAN LANDSCAPING ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly
Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and
WHEREAS, since such time, the Model Ordinance has been updated and modified; and
WHEREAS, the quality of Collier County's stormwater conveyances, rivers, creeks,
canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance
No. 2011-24, including the County recently experiencing the worst red tide bloom in its history,
which devasted local fish and wildlife, rendered fishing and beach-going untenable for lengthy
periods of time, and greatly impacted the County's tourist industry; and
WHEREAS, the Board of County Commissioners has heard testimony, reviewed
documents, and has considered relevant scientific information, including input from all relevant
State Agencies, including the Department of Environmental Protection, the Department of
Agriculture and Consumer Services, and the University of Florida Institute of Food and
Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer
use as a contributor to water quality degradation; and
WHEREAS, based on this testimony and documents, the Board has concluded that
additional or more stringent standards than the model ordinance are necessary in order to
adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water
body.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation
This Ordinance shall be known and cited as "The Collier County Fertilizer and Urban
Landscaping Ordinance," and is intended to repeal and replace Ordinance No. 2011-24. The
provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of
Collier County.
1 CAO
1 7 8
SECTION TWO: Findings
The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them
as if fully set forth herein as the Board's legislative findings.
SECTION THREE: Purpose and Intent
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable fertilizer
application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions.
The Ordinance requires the use of Best Management Practices which provide specific
management guidelines to minimize negative secondary and cumulative environmental effects
associated with the misuse of fertilizers. These secondary and cumulative effects have been
observed in and on Collier County's natural and constructed stormwater conveyances, rivers,
creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies
are an asset critical to the environmental, recreational, cultural and economic well-being of
Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder
the effectiveness of flood attenuation provided by natural and constructed stormwater
conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in
fertilizer, will help improve and maintain water and habitat quality.
SECTION FOUR: Definitions
The following terms shall have the meanings set forth in this section unless the context
clearly indicates otherwise.
"Administrator" means the Collier County Administrator, or an administrative official of Collier
County designated by the County Administrator to administer and enforce the provisions of this
Article.
"Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape
plants.
"Applicator" means any Person who applies fertilizer on turf and/or landscape plants in Collier
County.
"Approved Best Management Practices Training Program" means a training program approved
per F.S. § 403.9338, or any more stringent requirements set forth in this Article that includes the
most current version of the Florida Department of Environmental Protection's "Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as
revised, and approved by the Collier County Administrator.
"Board or Governing Board" means the Board of County Commissioners of Collier County,
Florida.
2
1. 7
"Best Management Practices" means turf and landscape practices or combination of practices
based on research, field-testing, and expert review, determined to be the most effective and
practicable on-location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
"Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
"Commercial Fertilizer Applicator", except as provided in F.S. § 482.1562(9), means any person
who applies fertilizer for payment or other consideration to property not owned by the person or
firm applying the fertilizer or the employer of the applicator.
"Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
"Fertilizer" means any substance or mixture of substances that contains one or more recognized
plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other
soil enrichment, or provides other corrective measures to the soil. Reclaimed water is not
considered a fertilizer.
"Green Industries Best Management Practices (GI-BMPs)" shall be defined as a science-based
educational program for Green Industry workers (lawn-care and landscape maintenance
professionals). The GI-BMPs teach environmentally safe landscaping practices that help
conserve and protect Florida's ground and surface waters.
"Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
"Impervious" shall be defined as a constructed surface, such as a sidewalk, road, parking lot, or
driveway, covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or
highly compacted soils.
"Institutional Applicator" means any person, other than a private, non-commercial or a
Commercial Applicator (unless such definitions also apply under the circumstances), that applies
fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators
shall include, but shall not be limited to, owners, managers or employees of public lands,
schools, parks, religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
"Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf).
"Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization, watering,
mowing, etc.
3
1 7 B
"Person" means any natural person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and/or any group of people acting as an
organized entity.
"Prohibited Application Period" means the time period during which a Flood Watch or Warning,
or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any
portion of Collier County, issued by the National Weather Service, or if there is a 60% chance of
2 inches or greater of rain in a 24-hour period.
"Reclaimed Water" shall be defined per Chapter 62-610 F.A.C. as it may be amended from time
to time, as water that has received at least secondary treatment and basic disinfection and is
reused after flowing out of a domestic wastewater treatment facility.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is
present or the pressure of a person standing on the soil causes the release of free water.
"Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water
Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and
use after application, or which extends its availability to the plant longer than a reference rapid or
quick release product.
"Specialized Turf Managers" shall be defined as landscape managers of non-agricultural land
planted exclusively for golf course, parks, or athletic fields.
"Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of the
grass.
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural
plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02.
"Waterbody or Waterbodies" shall be defined as any visible, standing or open body of water.
This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal
waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of
permanent or temporary standing or visible water whether or not the waterbody is natural or
man-made or contained by impervious surfaces on the bottom or sides and all wetlands.
"Wetlands" shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time,
as those areas that are inundated or saturated by surface water or groundwater at a frequency and
a duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soils.
CAO
4
1 78
SECTION FIVE: Applicability
This Ordinance shall be applicable to and shall regulate any and all applicators of
fertilizer and areas of application of fertilizer within the unincorporated area of Collier County,
unless such applicator is specifically exempted by the terms of this Ordinance from the
regulatory provisions of this Ordinance. This Ordinance shall be prospective only and shall not
impair any existing contracts.
SECTION SIX: Timing of Fertilizer Application
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Prohibited Application Period, or to saturated soils.
SECTION SEVEN: Prohibitions
A. Application of phosphorus fertilizer is prohibited unless a soil test conducted within the
last 12 months indicates a phosphorus deficiency. Soil test method and limits shall be
those recommended by OF/IFAS;
B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or
landscape plants during the Prohibited Application Period or to saturated soils;
C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody;
D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer
must be immediately removed from the impervious surface;
E. Fertilizer shall not be applied within ten (10) feet of any waterbody except that newly
planted turf and/or landscape plants may be fertilized only for a sixty (60) day period
beginning 30 days after planting, if needed to allow the plants to become well
established;
F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land
Development Code 3.05.07.F.3.f.; and
G. With the exception of grass clippings from mowing grassed swales, grass clippings or
vegetative material and vegetative debris shall not be washed, swept, or blown onto
impervious surfaces, into waterbodies, wetlands, or any part of the stormwater
management system. Any material that is accidentally so deposited shall be immediately
removed.
SECTION EIGHT: Exemptions
The provisions set forth above in this Ordinance shall not apply to:
A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;
5
I. B
B. Other properties not subject to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
C. Any lands used for bona fide scientific research, including, but not limited to, research on
the effects of fertilizer use on urban stormwater, water quality, agronomics, or
horticulture;
D. All golf courses provided that management is done within the provisions of the Florida
Department of Environmental Protection document, "Best Management Practices for the
Enhancement of Environmental Quality on Florida Golf Courses, 2007" (Florida Golf
Course BMPs), as updated. Florida Golf Course BMPs shall be followed when
performing management practices on golf course practice and play areas. If Florida Golf
Course BMPs are not adhered to, Collier County may take enforcement action in
accordance with Section 14 of this Ordinance. Non-play areas are not exempt; and
E. All Specialized Turf Managers provided that fertilization is based on the provisions of
Rule 5E-1.003 F.A.C. and OF/IFAS Publication #SL 191: Recommendations for N, P, K,
and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant,
while maintaining the health and function of their Specialized Turf areas, as updated or
amended.
SECTION NINE: Fertilizer Content and Application Rates
A. Fertilizers applied to turf within Collier County shall be applied in accordance with
requirements and directions provided by Rule 5E-1.003, Florida Administrative Code;
B. Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and
shall not be applied for the first 30 days after seeding or sodding, except when hydro-
seeding for temporary or permanent erosion control in an emergency situation (wildfire,
etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site;
C. A Guaranteed Analysis may be required of alternative fertilizers such as manure or
compost at the applicators/property owner's expense;
D. Areas that have reclaimed water must account for the amount of nitrogen and phosphorus
in the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is
distributed within unincorporated Collier County must make this information available on
a quarterly basis;
E. Nitrogen content in any fertilizer must be at a minimum of 50% slow release; and
F. Rule 5E-1.003, F.A.C. contains provisions for golf courses, parks and athletic fields. As
such, no additional specific requirements are included for these types of urban turf.
6411)
178 .
SECTION TEN: Application Practices
A. Fertilizer shall not be applied within 10 feet of any waterbody;
B. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones and waterbodies, including wetlands;
C. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed and either legally
applied to turf or any other legal site, or returned to the original or other appropriate
container; and
D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or waterbodies.
SECTION ELEVEN: Training
A. All commercial and institutional applicators of fertilizer within the unincorporated area of
Collier County shall abide by and successfully complete the six-hour training program in
the "Florida Friendly Best Management Practices for Protection of Water Resources by
the Green Industries" offered by the Florida Department of Environmental Protection
through the University of Florida Extension "Florida-Friendly LandscapingTM" program,
or an approved equivalent; and
B. Private, non-commercial applicators are exempt from formal training and certificate
requirements but are encouraged to follow the recommendations of the University of
Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.
SECTION TWELVE: Licensing of Commercial Applicators
A. All commercial applicators of fertilizer within the unincorporated area of Collier County
shall have and carry in their possession at all times, when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as a
Commercial Fertilizer Applicator per 5E-14.117(11) F.A.C. as amended; and
B. All businesses applying fertilizer to turf and/or landscape plants (including but not
limited to residential lawns, golf courses, commercial properties, and multi-family and
condominium properties) must ensure that at least one employee has a Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries
training certificate prior to the business owner obtaining a Local Business Tax License.
Owners for any category of occupation which may apply any fertilizer to Turf and/or
Landscape Plants shall provide proof of completion of the program to the County Tax
Collector's Office prior to obtaining their first business tax license.
7 41:1
178
SECTION THIRTEEN: Low Maintenance Zones
A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly
recommended. Failure to comply with state regulations and best management practices when
applying pesticides in the low maintenance zone is considered a violation of this ordinance.
SECTION FOURTEEN: Penalty for Violations
Violation of any provision of this Ordinance shall be punishable by a fine not exceeding
$500. All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions
of Chapter 162,pts. I or II, Florida Statutes, as may be applicable.
SECTION FIFTEEN: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION SEVENTEEN: Effective Date
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED l y the Board of County Commissioners of Collier
County, Florida, this '9*4-1 day of 7vV,-)\ , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL I . K'INZEE Clerk COLLIER CO ►; ORIDA
) ,
Ai
Dep ,,. �o ha«ii iii S WilliL. McDaniel, Jr., Chai an
).. a,�tt re only.
Appro •',i' i 1 orm arklbt illy:
4i f y! This ordinance f;i}°c' With tr.,
Setrclary of State's Office nci
��
Jeffrey 1 41 ;tzkow, County Attorney CI-'_Ddoy of Jid !, — i-( -
and acknowledge ent of that
filing,reoeived� _.,. 'doy
�
8 of-slat.rC)
Y •►
.-.. lark <
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1f ;
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
July 10, 2019
Ms. Martha Vergara, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-18 which was filed in this office on July 9, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us