Ordinance 2019-18 ORDINANCE NO. 2019 - 18
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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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.
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"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.
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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;
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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 UF/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.
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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.
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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 b`y the Board of County Commissioners of Collier
County, Florida, this 94-, day of Z'cikv` , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. K1NZEL,Clerk COLLIER COI ORIDA
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By: t. By: ,,.
DepDepuktg 0 hattutati S Will'/ L. McDaniel, Jr., Chai an
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Appro u, i "form and wga i y: this ordinance t.!<'c! with rt.:,
�1(�a. Se retary of State's Of fico x1,c
Jeffrey '4 :tzkow, County Attorney '�'day of JAI
and acknowledgecS�ent of hat
filing re eived this
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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