Home > News & Media > Bills call for uniform fertilizer regulations

Bills call for uniform fertilizer regulations

Tallahassee Democrat – February 12, 2011

Does one size fit all Florida for fertilizer regulations?

Rep. Clay Ingram, a Pensacola Republican, says yes. He proposes to limit fertilizer-management rules to a single statewide model enforced by the Department of Agriculture. His bill would prohibit local governments from implementing stricter regulations. Sen. Greg Evers, R-Baker, has an identical bill in the Senate.

Ingram’s bill would stop actions such as Pinellas County’s ordinance, passed in January 2010, that banned the use of lawn fertilizer from June to September. Lee, Leon and Brevard counties are among at least 41 counties and cities to adopt rules to limit the use of fertilizers with phosphorous and nitrogen in them, most in line with a statewide model developed by the state’s Department of Environmental Protection.

Phosphorous and nitrogen in fertilizers can contribute to water pollution, particularly when they’re applied incorrectly and subject to runoff during rains.

“There’s a model ordinance in place that (numerous state agencies) are comfortable with,” Ingram said. He said the model addresses environmental concerns. Local ordinances result in a patchwork of rules that is difficult for businesses to navigate. The Florida Retail Federation and Associated Industries of Florida, among other business interests, support the bill.

“You’ve got a very aggressive fertilizer industry that wants to continue to market a product that is harmful to Florida’s waterways,” said Eric Draper, executive director of Audubon of Florida, which opposes the bill.

Rep. Trudi Williams, a Fort Myers Republican and chair of the House Select Committee on Water Policy, said she favors the statewide model. Local ordinances, she said, make things too complicated.

She said Sanibel in Southwest Florida passed a stringent fertilizer ordinance. That impacted Captiva Island — you have to pass through Sanibel on the way to Captiva and lawn-care trucks couldn’t drive through Sanibel, she said.

“There’s so much nonsense like that around,” Williams said. “I hate government interfering in people’s yards.”

Evers’ and Ingram’s bills would give the Department of Agriculture sole regulatory authority of fertilizer.

Agriculture Commissioner Adam Putnam does not have a position on the bill.

“Since we are the agency responsible for regulating fertilizer management practices, we are working with the bill sponsors to ensure the bill language reflects a uniform standard for fertilizer management practices throughout the state,” said Sterling Ivey, spokesman for Putnam.

Environmentalists and local officials are joined in opposition.

“It’s not like Ingram is just taking on the Sierra Club,” Draper said of another environmental group that pushed for the Pinellas ordinance, among others, and opposes the bill. “He’s taking on local officials, too.”

The Florida Association of Counties opposes the legislation.

“FAC feels this is a fundamental issue of home rule and local governments should be able to take the steps necessary to protect their environments,” said Cragin Mosteller, director of communications for the association.

Lynn Laird is a board member of the Escambia Soil & Water Conservation District and a Democratic activist. He said he’d present the district board with his information at its Wednesday meeting and ask it to pass a resolution in opposition to Ingram’s bill.

“Will the board do anything? We’re majority rule, so who knows,” Laird said.

A proposal similar to Ingram’s failed last year as part of a larger bill. It passed the House, but died in the Senate.

“I feel confident about the chances of this bill passing the House,” Ingram said. “I think it’s a different Legislature, the makeup in the House and Senate. The fact that it’s much more singularly focused, rather than as a larger bill, helps.”

Draper agreed the new makeup of the Legislature, including super majorities gained by Republicans, will make a difference in the fate of the bill this year.

Click here to view this article online