Ordinance 018-2021 1 0
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7 ORDINANCE NO. 018 - 2021
8
9 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING CHAPTER 12 ("ENVIRONMENT AND NATURAL
11 RESOURCE PROTECTION") OF THE MONROE COUNTY CODE OF
12 ORDINANCES BY AMENDING ARTICLE H. ("RESERVED") TO ADOPT AND
13 INCORPORATE REGULATION OF THE "USE OR APPLICATION OF
14 FERTILIZERS", RELATING TO FLORIDA FRIENDLY FERTILIZER USE OR
15 APPLICATION WITHIN UNINCORPORATED MONROE COUNTY; PROVIDING
16 FOR DEFINITIONS, USE, TIMING OF FERTILIZER USE, CONTENT-BASED
17 FERTILIZER APPLICATION REQUIREMENTS; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS
19 INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
20 CODE OF ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE
21 SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
22
23 WHEREAS, the Board of County Commissioners (`Board" or `BOCC") is the legislative body of
24 Monroe County, Florida; and
25
26 WHEREAS, Monroe County has been designated an Area of Critical State Concern ("ACSC") pursuant
27 to Florida Statute Section 380.0552;' and
28
29 WHEREAS,the waters surrounding the Florida Keys of Monroe County, Florida, are situated within the
30 boundaries of the Florida Keys National Marine Sanctuary and have, since July 26, 2001, been designated a
31 federal No Discharge Zone ("NDZ") by the United States Environmental Protection Agency pursuant to Title 40,
32 Chapter I, Subchapter D,Part 140, Section 140.4(b)(1)(11), as may be amended from time to time; and
33
34 WHEREAS, Monroe County Ordinance No. 14-2010, at Section 12-141 thereof, codified at Section 12-
35 141 of Chapter 12 of the Monroe County Code of Ordinances (entitled "Environmental and Natural Resource
36 Protection"), defines "County waters" as "[A]ny Monroe County waters, whether contained within boundaries
37 naturally artificially, or diffused,including,but not limited to the Gulf,bays, canals, estuaries, and wetlands"; and
38
39 WHEREAS, County waters include those waters which are part of the State as being specified within
40 Monroe County pursuant to Section 7.44, Florida Statutes, and Article 11, Section 1, Constitution of the State of
41 Florida(Rev. 1968), waters out to three marine leagues, or waters in the immediate vicinity of county reefs"; see
42 also Section 7.44, Florida Statutes ("So much of the State of Florida as is situated south of the County of Collier
43 and west or south of the County of Miami-Dade, constitutes the County of Monroe."); and
44
45 WHEREAS, Section 403.9337(2), Florida Statutes,' enacted pursuant to Chapter 2009-199, Laws of
46 Florida,' provides that "[e]ach county and municipal government located within the watershed of a water body or
' Also known as the"Florida Keys Area Protection Act."Fla. Stat. §380.0552(1).
'Enacted pursuant to Chapter 2009-199,Laws of Florida.
s Approved by the Governor of Florida on June 181,2009,and legally effective as of July I It, 2009.
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47 water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the
48 Department's Model Ordinance for Florida-Friendly use on Urban Landscapes";and
49
50 WHEREAS, Section 403.9337(2)(a)-(b), Florida Statutes,provides that"A local government may adopt
51 additional or more stringent standards than the model ordinance if the following criteria are met: The local
52 government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient
53 pollution which is science-based, and economically and technically feasible, that additional or more stringent
54 standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to
55 nonpoint source nutrient loading to a water body. The local government documents that it has considered all
56 relevant scientific information, including input from the department, the institute, the Department of Agriculture
57 and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on
58 the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality
59 degradation. All documentation must become part of the public record before adoption of the additional or more
60 stringent criteria"; and
61
62 WHEREAS, the quality of fresh and salt water bodies, wetlands, mangroves, seagrass(es), and other
63 natural, native features of Monroe County, is critical to the environmental, economic, and recreational prosperity
64 of Monroe County, and to the health, safety, and welfare of the residents of and visitors to Monroe County; and
65
66 WHEREAS, fertilizer contains nutrients like nitrogen and phosphorus, which are components of
67 landscape fertilizers, and are known to be captured in runoff that is deposited in Monroe County nearshore waters
68 and waterways; and
69
70 WHEREAS, the amount of fertilizer used or applied to a given landscape and the method of use or
71 application have potential for creating adverse nutrient pollution; and
72
73 WHEREAS, Monroe County's natural and artificial stormwater and drainage conveyances regulate the
74 flow of stormwater to prevent or mitigate flooding; and
75
76 WHEREAS, surface water runoff and base flow runoff flows from residential, commercial, and industrial
77 developments, and other lands of Monroe County, enter(s) into natural and artificial stormwater and drainage
78 conveyances and natural water bodies in Monroe County; and
79
80 WHEREAS, leaching and runoff of nutrients from improper or excessive fertilizer use or application
81 contributes to nitrogen and phosphorus loading in Monroe County's stormwater and drainage conveyances and
82 natural water bodies; and
83
84 WHEREAS, the detrimental effects of nutrient-laden runoff are magnified in a coastal or island
85 community such as Monroe County, due to the proximity of stormwater and drainage conveyances to nearshore
86 waters; and
87
88 WHEREAS, the Board finds and recognizes that excessive and improper use or application of fertilizers
89 can contribute to water quality issues and can lead to water quality degradation; and
90
91 WHEREAS, Monroe County has demonstrated, as part of a comprehensive program to address nonpoint
92 sources of nutrient pollution, that this ordinance is appropriate to address adverse fertilizer contributions to
93 nonpoint source nutrient loading to local water bodies; and
94
95 WHEREAS, in the process of adoption of this ordinance, the Monroe County Board of County
96 Commissioners has considered all relevant scientific information, including but not limited to:
97
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98 • February 17t'', 2021 Regular BOCC Meeting: "Discussion and direction on whether the County
99 should adopt an ordinance regulating the use of fertilizers within the County"'
100
101 o Presentation by Kelly Cox, Esq., of Miami Waterkeeper, a not-for-profit business
102 organization;
103
104 ■ Public comment by Emma Haydocy, on behalf of Florida Bay Forever Save Our
105 Waters, Inc., a Florida not-for-profit corporation, in her capacity as a Director of
106 Florida Bay Forever Save Our Waters, Inc.;
107
108 ■ Public comment by Dorothy "Dottie" Moses, on behalf of the Island of Key Largo
109 Federation of Homeowner Associations, Inc., a Florida not-for-profit corporation;
110
III WHEREAS,the regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is
112 an important step in maintaining and improving water and habitat quality in Monroe County; and
113
114 WHEREAS,the Monroe County Board of County Commissioners finds that this Ordinance is necessary
115 to advance the County's valid public and environmental health, safety, and welfare police power interests;
116
117 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
118 MONROE COUNTY,FLORIDA:
119
120 SECTION 1. - Recitals and Legislative Intent. The foregoing recitals and statements of legislative
121 intent are true and correct and are hereby incorporated as if fully stated herein.
122
123 SECTION 2. - Title. This Ordinance shall be titled the "Monroe County Ordinance for Florida-Friendly
124 Fertilizer Use on Urban Landscapes."
125
126 SECTION 3. - Creation. That Chapter 12 of the Monroe County Code of Ordinances, entitled
127 "Environment and Natural Resources Protection," is hereby amended to create Article II., entitled "Use or
128 Application of Fertilizers,"as follows:
129
130 ARTICLE II. - USE OR APPLICATION OF FERTILIZERS
131
132 Section 12-25. Jurisdiction; Administration. This Article shall exclusively apply in unincorporated
133 Monroe County, Florida, only, and does not apply within the territorial jurisdiction of any municipality within the
134 county.
135
136 Section 12-26. Purpose and Intent. This Article regulates the proper use of fertilizers by any applicator
137 and requires proper training of commercial and institutional fertilizer applicators and landscape maintenance
138 companies by establishing a restricted season for fertilizer application, fertilizer-free zones, low maintenance
139 zones, exemptions, training, and certification requirements. The Article requires the use of best management
140 practices which provide specific management guidelines to minimize negative secondary and cumulative
141 environmental effects associated with the misuse of fertilizers and improper landscape maintenance practices.
142 These secondary and cumulative effects have been observed in and on Monroe County's natural and artificial
143 stormwater and drainage conveyances, lakes, canals, estuaries, interior freshwater wetlands, and Monroe County
144 writ large. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and
145 economic well-being of residents of and visitors to Monroe County and the health of the public. Regulation of
146 nutrients, including both phosphorus and nitrogen contained in fertilizer, shall help improve and maintain water
147 and habitat quality throughout Monroe County.
4 Agenda item N.10 at the Board's February 171,2021,regular meeting.
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148 Section 12-27. Construction and Interpretation. This Article is necessary for the health, safety, and
149 welfare of the residents of and visitors to the county. This Article shall be liberally construed to effect the public
150 purpose(s) hereof. Interpretation of this Article shall be construed in favor of Monroe County, and such
151 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
152 in bankruptcy, and on appeal. To the extent of any conflict between this Article and other Monroe County
153 ordinances or regulations, and to the extent of any conflict within sections within this Article,the more restrictive
154 is deemed to be controlling.
155
156 Section 12-28. Definitions. The phrases, terms, and words used in this Article shall be, except as
157 specifically defined otherwise herein, the same as they have been defined in the Monroe County Code of
158 Ordinances and in the Monroe County Land Development Code. The following terms shall have the following
159 specific definitions as used herein,unless the context clearly indicates otherwise:
160
161 Application or Apply, or variants thereof. Shall mean the actual physical deposit of fertilizer to turf,
162 specialized turf, or landscape plants.
163
164 Applicator. Shall mean any natural or legal person who applies fertilizer on turf, specialized turf, or
165 landscape plants in Monroe County. The term includes but is not limited to persons, commercial fertilizer
166 applicators and institutional applicators.
167
168 Best management practices or BMP. Shall mean turf and landscape practices, or a combination of
169 practices,based upon peer-reviewed research, field-testing, and expert review, determined to be the most effective
170 and practicable on-location means, including economic and technological considerations, for improving water
171 quality, conserving water supplies, and protecting natural resources, and which minimize the negative
172 environmental impacts of installation and maintenance of landscapes.
173
174 Best Management Practices Training Program. Shall mean a training program approved pursuant to
175 Florida Statute Section 403.9338, or any more stringent requirements set forth in this Article, that includes the
176 most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best
177 Management Practices for Protection of Water Resources by the Green Industries, 2008".
178
179 Commercial fertilizer applicator. Shall mean any natural or legal person who applies fertilizer in Monroe
180 County, on property not owned by the person applying the fertilizer, or by the employer of the applicator, in
181 exchange for money,goods, services, or other valuable consideration.
182
183 Fertilizer. Shall mean any substance or mixture of substances that contains one or more recognized plant
184 nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or
185 provides other corrective measures to the soil. The term includes granular, liquid, rapid-release and slow or
186 controlled release fertilizer.
187
188 Fertilize,fertilizing, or fertilization. Shall mean the act of applying fertilizer to turf, specialized turf,trees,
189 or landscape plants.
190
191 Fertilizer-Free Zone. Shall mean within twenty (20) feet from the seawall, riprap or bank or shoreline of
192 any surface water of Monroe County and any storm drain, pond, stream,waterway, lake, canal,or wetland.
193
194 Florida-Friendly Landscaping. Shall mean quality, low-maintenance landscapes that conserve water,
195 protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such
196 landscaping include planting the right plant in the right place, efficient watering, responsible and appropriate
197 fertilization, responsible and appropriate mulching, responsible and appropriate attraction of wildlife, responsible
198 and appropriate management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront
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199 protection. Additional components include practices such as landscape planning and design, soil analysis, the
200 appropriate use of solid waste compost and minimizing the use of irrigation,pesticides, and fertilizers.
201
202 Granular. Shall mean composed of small grains or particles.
203
204 Green infrastructure. Shall mean a management approach engineered-as-natural ecosystems such as
205 green roofs, porous pavement, swales and rain gardens that largely rely on using soil and vegetation to infiltrate,
206 evapotranspirate, or responsibly and appropriately utilize stormwater runoff and reduce flows to drainage
207 collection systems. This practice aims to preserve, restore, and create green space using soils, vegetation, and
208 rainwater harvest techniques.
209
210 Guaranteed analysis. Shall mean the percentage of plant nutrients or measures of neutralizing capability
211 claimed to be present in a fertilizer.
212
213 High-impact areas in parks. Shall mean turf grass areas that are heavily utilized by pedestrian traffic
214 year-round.
215
216 Institutional applicator. Shall mean any natural or legal person, other than a non-commercial or
217 commercial applicator, that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional
218 applicators shall include, but shall not be limited to, owners, managers, employees, or agents of residential
219 properties maintained in community associations such as a condominium association, a homeowners' association,
220 or a property owners' association, residential properties maintained in common ownership, industrial,
221 commercial,or business sites, educational, religious institutions, and the like.
222
223 Landscape plant. Shall mean any native or exotic tree, shrub, or groundcover(excluding turf).
224
225 Landscape maintenance. Shall mean activities carried out to manage and maintain landscape plants
226 including but not limited to mowing, edging, and trimming.
227
228 Low impact development (LID). Shall refer to systems and practices that use or mimic natural processes
229 that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and
230 associated aquatic habitat. LID is an approach to land development or redevelopment that works with nature to
231 manage stormwater as close to its source as possible.
232
233 Low maintenance buffer or Low maintenance zone. Shall mean an area a minimum of ten (10) feet wide
234 adjacent to water courses which is planted to capture and treat stormwater and is designed to capture and treat
235 stormwater and is designed to not require fertilization,watering,mowing, etc.
236
237 Organic fertilizers. Shall mean fertilizers that are derived from living materials, excluding biosolids.
238 Examples of organic fertilizers include but are not limited to animal manures, composted materials, and plant
239 residues. Organic fertilizers are usually considered to be "slow release" fertilizers because many of the nutrients
240 must be broken down by soil microbes before they become available for plant uptake.
241
242 Person. Shall mean any natural or legal person, including but not limited to any human being, business,
243 corporation, limited liability company, partnership, sole proprietorship, association, club, organization, or any
244 group of people acting as an organized entity.
245
246 Rapid (quick) release or water-soluble nitrogen. Shall mean any product containing, including but not
247 limited to:
248
249 (1) Ammonium nitrate;
250 (2) Ammonium sulfate;
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251 (3) Calcium nitrate;
252 (4) Diammonium phosphate;
253 (5) Monoammonium phosphate;
254 (6) Potassium nitrate;
255 (7) Sodium nitrate;
256 (8) Urea(not in the form of slow release nitrogen); or
257 (9) Others as may be designated by the Association of American Plant Food Control Officials.
258
259 Restricted Season. Shall mean May 15 through October 31, as well as during the time period during
260 which a flood watch or flood warning, or a tropical storm watch or tropical storm warning, or a hurricane watch
261 or hurricane warning, regardless of the time of year, is in effect for any portion of unincorporated Monroe County,
262 or in any area of unincorporated Monroe County if heavy rain is likely or ongoing.
263
264 Saturated soil. Shall mean a soil in which the voids are filled with water. Saturation does not require flow.
265 For the purposes of this Article, soils shall be considered saturated if standing water is present or if the pressure of
266 a person standing on or an object lying on the soil causes the release of free water.
267
268 Site supervisor. Shall mean the direct supervisor of landscape maintenance personnel.
269
270 Slow release, controlled release, timed release, or water insoluble nitrogen. Shall mean nitrogen in a
271 form which delays its availability for plant uptake and use after application, or which extends its availability to the
272 plant longer than a reference rapid or quick release product. Forms of slow release, controlled release, slowly
273 available, or water insoluble nitrogen include but are not limited to:
274
275 (1) Isobutylidene diurea("IBDU");
276 (2) Resin,polymer, or sulphur coated urea;
277 (3) Biosolids or residuals from domestic wastewater treatment;
278 (4) Ureaformaldehyde;
279 (5) Composted animal manure;
280 (6) Others as may be designated by the Association of American Plant Food Control Officials.
281
282 Slow or controlled release fertilizer. Shall mean a fertilizer containing a plant nutrient in a form which
283 delays its availability for plant uptake and use after application, or which extends its availability to the plant
284 significantly longer than a referenced "rapidly available nutrient fertilizer".
285
286 Specialized turf. Shall mean areas of grass used for athletic fields, golf course practice, recreational or
287 play areas, athletic fields, and other similar activities.
288
289 Specialized turf manager. Shall mean a person responsible for fertilizing or directing the fertilization of
290 specialized turf.
291
292 Surface water. Shall mean fresh,brackish, saline, or tidal waters, contained in bounds created naturally or
293 artificially, including but not limited to bays, creeks, ditches, estuaries, impoundments, lagoons, lakes, ponds,
294 rivers, springs, streams, wetlands, water bodies, and including but not limited to canals, whether located in or on
295 the Atlantic Ocean side of Monroe County or in or on the Florida Bay or Gulf of Mexico side of Monroe County.
296
297 Turf, sod, or lawn. Shall mean a piece of grass-covered soil held together by the roots of the grass.
298
299 Urban landscape. Shall mean pervious areas on residential, commercial, industrial, institutional, rights-
300 of-way, or on other lands that are planted with turf or horticultural plants.
301
302
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303 Section 12-29. Timing of Fertilizer Use.
304
305 (a) No applicator shall apply fertilizers containing nitrogen or phosphorus, or both,to turf or landscape plants
306 during a restricted season.
307
308 (b) Fertilizer shall only be applied to actively growing turf and plants and not to saturated soil.
309
310 (c) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding a site
311 and shall not be applied for the first 30 days after seeding or sodding except when hydroseeding for
312 temporary or permanent erosion control in an appropriate emergency situation (e.g., wildfire, etc.) or in
313 accordance with the stormwater pollution plan for that site.
314
315 Section 12-30.Fertilizer-Free Zones.
316
317 (a) Except as provided in subsection (b)immediately below, fertilizer shall not be applied within twenty (20)
318 feet of any breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, or within twenty
319 (20) feet of any seawall, or within twenty (20) feet of any altered or unaltered shoreline, or within twenty
320 (20) feet of any surface water. In the event of a conflict, the greater extent of distance shall control. By
321 way of example,therefore, if an area is not within twenty(20) feet of a surface water,but is within twenty
322 (20) feet of a breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, etc.,
323 the fact of such area's falling within twenty (20) feet of such breakwater, bulkhead, bulwark, canal, dock,
324 pier, revetment, rip-rap,wharf, seawall, etc., shall prohibit fertilizer from being applied in such area.
325
326 (b) Spreader deflector shields are required when fertilizing adjacent to all impervious surfaces, any fertilizer-
327 free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies,
328 including but not limited to wetlands.
329
330 (c) Newly planted turf and landscape plants may be fertilized within a fertilizer-free zone only for a sixty
331 (60) day period beginning thirty (30) days after planting, if needed, to allow the plants to become well
332 established and caution is used to prevent direct deposition of nutrients into the water.
333
334 Section 12-31.Fertilizer Content and Use Rates.
335
336 (a) Fertilizers applied to turf or landscape plants within the unincorporated county shall be applied to such
337 turf or landscape plants at the lowest recommended rate according to the "Florida Green Industries Best
338 Management Practices for Protection of Water Resources in Florida, December 2008", with no more than
339 two (2)pounds of nitrogen per one thousand(1,000) square feet applied in any calendar year.
340
341 (b) Liquid fertilizers containing nitrogen shall not be applied to turf or landscape plants within the
342 unincorporated county.
343
344 (c) Granular fertilizers containing nitrogen applied to turf or landscape plants within the unincorporated
345 county shall contain at least 50% slow release, controlled release, timed release, slowly available, or
346 water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct
347 deposition of nutrients in the water.
348
349 (d) Fertilizers containing nitrogen or phosphorus, or both, applied to turf or landscape plants within the
350 unincorporated county, shall contain not less than sixty-five percent (65%) slow release, controlled
351 release,timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution
352 should be used to prevent direct deposition of nutrients in the water.
353
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354 (e) Except as provided in paragraphs (a)-(d) of this section, fertilizers applied to turf and landscape plants
355 within the county shall be formulated and applied in accordance with requirements and directions
356 provided by Florida Administrative Code Rule 5E-1.003(4) ("Labeling Requirements for Urban Turf
357 Fertilizers"). Stated otherwise, Applicators shall not apply fertilizer in violation of said fertilizer label
358 directions.
359
360 (f) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding a site
361 and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydroseeding
362 for temporary or permanent erosion control in an emergency situation (e.g., saltwater floods, etc.), or in
363 accordance with the Stormwater Pollution Plan for that site.
364
365 (g) No more than 0.50 lb. of readily available nitrogen per 1,000 square feet shall be applied to any turf or
366 landscape area in one application or use. This includes no more than one (1) pound total nitrogen per one
367 thousand (1,000) square feet applied at any one time of granular fertilizer and no more than one half
368 pound of nitrogen per 1,000 square foot area per application of liquid fertilizer.
369
370 (h) Phosphorus fertilizer shall not be applied to turf or landscape plants unless a soil deficiency has been
371 verified by an approved test. Where a deficiency has been professionally verified by an approved test,
372 phosphorus fertilizer shall not be applied at application rates that exceed 0.25 lbs. of phosphorus per
373 1,000 square feet per application and not to exceed 0.50 lbs. of phosphorus per 1,000 square feet per year.
374
375 (i) Where fertilizer application or use is not described in this Article,fertilizer shall be applied in accordance
376 with the requirements and directions provided by Florida Administrative Code Rule 5E-1.003 for turf and
377 as found in OF/IFAS recommendations for landscape plants,vegetable gardens, fruit trees, and shrubs.
378
379 Section 12-32.Fertilizer Use Practices.
380
381 (a) No person shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape plants
382 during the restricted season.
383
384 (b) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must
385 be positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer-
386 free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies,
387 including but not limited to wetlands.
388
389 (c) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
390
391 (d) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface
392 shall be immediately and completely removed to the greatest extent practicable.
393
394 (e) Fertilizer released on an impervious surface must be immediately contained and either lawfully applied to
395 turf or any other site or returned to the original or other appropriate container.
396
397 (f) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into any surface water or
398 into any low maintenance or fertilizer-free zone or into any water-bodies or stormwater or drainage drain
399 or drainage conveyance.
400
401 (g) In no case shall fertilizer be washed, swept, or blown off or around trunks of palms or tree wells or in tree
402 pits.
403
404
405
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406 Section 12-33. Exceptions.
407
408 (a) Sections 12-29, 12-30, 12-31, and 12-32 shall not be applicable to:
409
410 1. Golf courses. For all existing public and private golf courses, the provisions of the Florida
411 Department of Environmental Protection document, titled `BMPs for the Enhancement of
412 Environmental Quality on Florida Golf Courses, January 2012", and provisions set forth in
413 Section 12-34 are required, and shall be followed when applying fertilizer to golf courses.
414
415 2. High impact areas in existing public parks and public athletic fields. Specialized turf managers
416 are required to follow the provisions of the "Florida Green Industries Best Management Practices
417 for Protection of Water Resources in Florida, December 2008", for Turf and Landscape Plants,
418 and provisions set forth in Section 12-34.
419
420 3. Fruit trees and fruit shrubs, provided that fertilizer application rates do not exceed University of
421 Florida(UF)/Institute of Food and Agricultural Sciences (IFAS)maximum recommendations.
422
423 4. Yard waste compost, mulches, or other similar materials that are primarily organic in nature and
424 are applied to improve the physical condition of the soil.
425
426 5. Tree trunk injection fertilization treatments that are performed by a certified arborist.
427
428 (b) Sections 12-29, 12-30, 12-31, and 12-32, shall not be applicable to the extent expressly preempted by
429 general law.
430
431 Section 12-34. Golf Courses,Athletic Fields, Specialized Turf,and Greenspace Requirements.
432
433 (a) All new public and private golf course greens and all renovated golf course greens, provided their
434 renovation exceeds 50%of its total area, shall meet all of the following requirements:
435
436 1. Incorporate Best Management Practices as defined in the "Best Management Practices for the
437 Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida
438 Department of Environmental Protection.
439
440 2. Provide the use of native or Florida-friendly trees, shrubs, and ground cover landscaping in more
441 than 80%of the total areas designated for non-play.
442
443 3. Specify a certified turfgrass groundcover species for all play areas that require(s)the least amount
444 of fertilizer and water consumption.
445
446 4. Incorporate the use of green infrastructure elements and/or low impact development(LID) design
447 in the design of the golf course's drainage system and in allowing ample, uncompacted areas for
448 tree root growth.
449
450 5. Provide a minimum (10)foot low-maintenance buffer adjacent to surface water(s),breakwater(s),
451 bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and stormwater or
452 drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets.
453
454 (b) All new athletic fields and all renovated athletic fields,provided their renovation exceeds 50%of its total
455 area, shall meet all of the following requirements:
456
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457 1. Incorporate Best Management Practices for landscaping by including the use of native and
458 Florida-friendly trees, shrubs, and ground cover landscaping.
459
460 2. Incorporate the use of green infrastructure elements and/or low impact development(LID) design
461 in the design of the field's drainage system and in allowing ample, uncompacted areas for tree
462 root growth.
463
464 3. Include at minimum a ten (10) foot low-maintenance buffer adjacent to surface water(s),
465 breakwater(s), bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and
466 stormwater or drainage drain or drainage conveyance, including but not limited to stormwater or
467 drainage inlets.
468
469 (c) Requests for exceptions to from the requirements set forth in Sections 12-34(a) or (b) shall be submitted
470 in writing, on a form prescribed and approved by the County Administrator, or his or her designee,
471 detailing the project's design and details, demonstrating that good faith effort has been made to achieve
472 substantial compliance with all applicable requirements, and explaining what non-self-created-hardship
473 would be incurred if a proposed exception is not granted. The County Administrator or his or her designee
474 shall have discretion to administratively approve or reject exception requests on a case-by-case basis.
475
476 (d) Fertilizers applied to private parks, specialized turf, including athletic fields and high impact or high
477 intensity areas within the unincorporated county shall be formulated and applied in accordance with
478 requirements and directions provided by Florida Administrative Code Rule 5E-1.003(b)(b).
479
480 (e) Fertilizers applied to turf and landscape plants within the unincorporated county shall be formulated and
481 applied in accordance with requirements and directions provided by Florida Administrative Code Rule
482 5E-1.003(4) (Labeling for Urban Turf Fertilizers). Stated otherwise, Applicators shall not apply fertilizer
483 in violation of said fertilizer label directions.
484
485 Section 12-35. Certification and Best Management Practices Training Programs.
486
487 (a) All commercial and institutional applicators within or doing work in the unincorporated county shall
488 obtain the limited certification for urban landscape fertilizer application provided for under Florida
489 Statute Section 482.1562, within 365 days of adoption of this Article, or within 90 days of initial
490 employment, whichever occurs later. Such applicators are required to keep a copy of such certificate with
491 them during application activities and shall present the certificate to Monroe County,upon request.
492
493 (b) All commercial and institutional applicators of fertilizer within the unincorporated county shall abide by
494 and successfully complete the six-hour training program in the "Florida-Friendly Best Management
495 Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department
496 of Environmental Protection through the OF/IFAS program. Completion of this training program shall be
497 repeated a minimum of once every five years.
498
499 (c) Persons are encouraged to follow the recommendations of the OF/IFAS Florida Yards and
500 Neighborhoods program when applying fertilizers.
501
502 (d) All Applicators or Specialized turf managers of fertilizer shall abide by and successfully complete the
503 "Florida Golf Course Best Management Practices Certification Training" offered by the University of
504 Florida. Completion of this training program shall be repeated a minimum of once every five years.
505
506 (e) Monroe County strongly recommends the establishment of training programs using both English-
507 speaking and Spanish-speaking certified Best Management Practice (BMP)trainers.
508
10 of 12
509 Section 12-36. Training of Commercial Applicators.
510
511 (a) All commercial applicators of fertilizers within the unincorporated county should abide by and
512 successfully complete training and continuing education requirements in the "Florida-Friendly Best
513 Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida
514 Department of Environmental Protection through the OF/IFAS "Florida-Friendly Landscapes" program
515 prior to obtaining a local tax receipt for any category of occupation which may apply any fertilizer to turf
516 or landscape plants.
517
518 (b) All businesses applying fertilizer to turf or landscape plants (including but not limited to residential
519 lawns, golf courses, commercial properties, and multi-family and properties maintained in one or more
520 community association(s), must ensure that at least one employee has an appropriate "Florida-Friendly
521 Best Management Practices for Protection of Water Resources by the Green Industries" training
522 certification prior to the business owner obtaining a business tax receipt.
523
524 Section 12-37. Enforcement and Penalties.
525
526 (a) Violations. Violations of this Article may be prosecuted by original county or circuit court action, or
527 under Chapter 162, Florida Statutes, administratively, at law, and in equity, as may be necessary to
528 enforce compliance with this Article, and to collect damages in the form of costs and/or fines authorized
529 by law.
530
531 (b) Injunctive Relief. The County Attorney is authorized to prosecute violations of this Article by civil action,
532 including but not limited to injunctive relief.
533
534 (c) Units of Prosecution. Each incidence of a violation under this Article constitutes a separate violation and
535 offense, and a separate violation and offense will be deemed committed each day during or on which a
536 violation occurs or continues.
537
538 (d) Joint-and-Several Liability. All owners, part owners, joint owners, tenants-in-common, tenants in
539 partnership, joint tenants, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and
540 holder(s)of legal or beneficial title to or interest in a business organization and/or property and/or violator
541 held in violation of this Article, shall be jointly-and-severally liable with respect to any legal or equitable
542 judgment or relief obtained against it to enforce this Article.
543
544 (e) Costs. Any court of competent jurisdiction, administrative hearing officer, the Monroe County Code
545 Compliance Special Magistrate, are authorized to impose against violator(s) of this Article any costs
546 associated with cessation and/or remediation of a violation(s) of this Article.
547
548 (f) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this Article, its delay
549 or failure to enforce any provision contained in this Article, however long continued, shall not be deemed
550 a waiver or estoppel of the right for it to enforce this Article at any time thereafter.
551
552 (g) Attorneys'Fees and Costs. If the County prevails in an enforcement action against a person found to be in
553 violation of this article, the County shall be entitled to recover its costs of investigation, attorneys' fees
554 and other costs to the extent permitted by law.
555
556 Section 12-38. Provisions to Be Cumulative. This Article is cumulative to any other substantive laws,
557 ordinances, regulations, and rules, and is cumulative to any enforcement procedure that those laws,
558 ordinances, regulations, and rules may provide. This Article does not supersede or repeal or otherwise
559 modify those laws, ordinances, regulations, rules, or enforcement procedures thereunder in any way.
11 of 12
560 Monroe County may elect to take any or all remedies concurrently, and the pursuit of one does not
561 preclude the pursuit of another.
562
563 SECTION 4. - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. This Article shall
564 be applied within the unincorporated limits of the county to the extent not subject to preemption to the State of
565 Florida. If any provision of this ordinance Article, or any portion thereof, is held to be invalid or unenforceable in
566 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of
567 such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of
568 any other provision of this Article, or any remaining portion(s) thereof. All other provisions of this Article, and
569 remaining portion(s)thereof,shall continue unimpaired in full force and effect.
570
571 SECTION 5. - Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with this
572 ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
573 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
574
575 SECTION 6. - Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are
576 inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular
577 paragraph or text to which they refer.
578
579 SECTION 7.- Inclusion in the Monroe County Code of Ordinances.The provisions of this ordinance shall be
580 included and incorporated into the Code of Ordinances of Monroe County, Florida and shall be numbered to
581 conform with the uniform numbering system of the Code.
582
583 SECTION 8. - Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida
584 and shall become effective as provided by law.
585
586 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular
587 meeting held on the 16th day of June ,2021.
588
589
590 Mayor Michelle Coldiron Yes
591
592 Mayor pro ten David Rice Yes
593
594 Commissioner Craig Cates Absent
595
596 Commissioner Eddie Martinez Yes NJ
CO
598 Commissioner Mike Forster Yes �)t-)
599 -`' -
600 <rlc. f c'
T 601 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c
t .'A
602 r .,
603 Attest: EVIN MADOK,CLERK a ' ,
By: S➢
605
606 c )a�XV�(oak, . ..M22in By: filfiril
607 � 'Clerk Mayor Michelle Coldiron
s fk MONROE CO ATTORNEY
APP TO FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
1Lan }
12 of 12 Date: 6/7/21
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
P.(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 391858
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before
/the
rundersigned authority personally appeared
who on oath saysthat he or she is
of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,May 30,2021
Affiant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County;Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for the pine of securing this advertisement for publica-
io in�iidnewspaper:
(Signature of Affiant)
Affirme an s s Yibe fore me this 4th day of June 2021
(Not ubl � tLfl
MR
i
(No ary Public Printeb Name)) l r(Notary Seal)
My commission expires Q 1
Personally Known X Produced Identification
Type of Identification Produced
94AY°kr Notary Public State of Florida
Misty C Weech
MY Commission HH 044532
of rb Expires 03/26/2023
G
MONROECOPL-72391858-l.pdf 1 6/4/21 3:27 PM
MONROE COUNTY
BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC
MEETING AND NOTICE
OF PUBLIC HEARING
NOTICE OF CHANGE TO
THE MONROE COUNTY
CODE OF ORDINANCES
JUNE 169 2021
NOTICE IS HEREBY GIVEN that on Wednesday,June 16,
2021 the Monroe County Board of County Commissioners
("BOCC") will hold the following Public Meeting, beginning
at 9:00 A.M.The BOCC meeting will be a hybrid format with
the County Commission members meeting live at the Murray
Nelson Government Center, 102050 Overseas Highway,
Key Largo, Monroe County, Florida 33037, while the public
will be able to participate via Zoom Webinar. At this Public
Meeting the BOCC will hold the following Public Hearing to
review and receive public comment for the following item at
the following time:
1:30 P.M.(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS: AMENDING CHAPTER
12 ("ENVIRONMENT AND NATURAL RESOURCE
PROTECTION") OF THE MONROE COUNTY CODE OF
ORDINANCES TO AMEND ARTICLE II. ("RESERVED")
BY ADOPTING AND INCORPORATING REGULATIONS
RELATING TO THE USE ORAPPLICATION OF FERTILIZERS,
RELATING TO FLORIDA FRIENDLY FERTILIZER
USE OR APPLICATION WITHIN UNINCORPORATED
MONROE COUNTY; PROVIDING FOR DEFINITIONS,
USE, TIMING OF FERTILIZER USE, CONTENT-BASED
FERTILIZER APPLICATION REQUIREMENTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE CODE
OF ORDINANCES; PROVIDING FOR TRANSMITTAL TO
THE SECRETARY OF STATE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Please visit the Monroe County Website at www.monroecounty-
%gov for meeting agenda updates and information regarding the
various options available to the public to view the live meeting
and/or to make public comments on certain agenda items.
Pursuant to Section 286.0105 Florida Statutes, if a person decides
to appeal any decision of the Board of County Commissioners, with
respect to any matter considered at the meeting or hearing,he or she
will need a record of the proceedings,and that,for such purpose,he
or she may need to ensure a verbatim record of the proceedings is
made, which record includes the testimony&evidence upon which
the appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who
needs special accommodations in order to participate in this
proceeding, please contact the County Administrator's Office,
by phoning(305)292-4441,between the hours of 8.30 a.m.-5.00
p.m.,no later than five(5)calendar days prior to the scheduled
meeting;if you are hearing or voice impaired,call"711."
MAY 29,2021 KEY WEST CITIZEN
.... Kevin Madok, CPA
p Clerk of the Circuit Court& Comptroller—Monroe County, Florida
June 28, 2021
Department of State
Administrative Code & Register
500 S. Bronough Street
Tallahassee, FL. 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 018-2021 of the Board of County
Commissioners of Monroe County, Florida, Amending Article II, Chapter 12, of the Monroe
County Code of Ordinances, to Adopt the "Monroe County Ordinance for Florida-Friendly
Fertilizer Use on Urban Landscapes" incorporating regulation of the use or application of
fertilizers.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on June 16, 2021. Should you have any questions,
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA,
Clerk of the Circuit Court & Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Sally M. Abrams, D.C.
cc:
County Administrator
County Attorney
BOCC
fife
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Sally Abrams
From: Ords Admin <ords@municode.com>
Sent: Tuesday, June 29, 2021 6:01 AM
To: Sally Abrams
Cc: 'Hall-Cynthia@monroecounty-fl.gov'; 'Schem per-Emily@ Mon roeCounty-FL.GoV
Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank
We have received your file.
Thank you and have a nice day.
Ords Administrator
ords@municode.com
1-800-262-2633
P.O. Box 2235
Tallahassee, FL 32316
When available, please send all documents in WORD format to Ords@municode.com. However, if WORD format is not
available, we welcome any document format including PDF.
Si
From: Sally Abrams<sabrams@monroe-clerk.com>
Sent: Monday,June 28, 2021 9:27 AM
To: State of Florida <County0rdinances@dos.myflorida.com>
Cc: Leggett-Amanda_Commissioner Craig Cates<Leggett-Amanda@MonroeCounty-FL.Gov>; abel-corie@monroecounty-
fl.gov; Eurie Sarmiento_Commissioner Eddie Martinez,VAB Alternate<Sarmiento-Eurie@ Mon roeCounty-FL.gov>;
Atkins-Katherine<Atkins-Katherine@ Mon roeCounty-FL.Gov>; 'Ballard-Lindsey@ Mon roeCounty-FI.Gov' <Ballard-
Lindsey@MonroeCounty-FI.Gov>;Yongue-Liz (Yongue-Liz@ Mon roeCounty-FL.Gov) <Yongue-Liz@ Mon roeCounty-
FL.Gov>;Tamara Lamarche_Commissioner Rice<Lamarche-Tamara@MonroeCounty-FL.Gov>; Ords Admin
<ords@municode.com>; 'Cam po-abra@monroecounty-Fl.gov' <Campo-abra@monroecounty-Fl.gov>
Subject: MON20210628_Ordinance 2021_018
WARNING: This eiririaliII (:)irliilliirnated fir::)ir°iri (:)a.artside IMuirnlirM¢:)de, IDO 140T Q'DpLII('DpIK airny att«:cl it°iri irnts (:)it IIliirnIIks fir::)iriri
u irflkirx,.)wirn seirx.J sirs (:)ir, a.airnexper tee eririaills, Always check the seirndeir"s display irnaririe airx.J eriri Mill a:.dir ss are
cc)irir ct Ibe,.)ire yc)uii cc)riri iriri a rn Iica te.
Sender Full Name: Sally M. Abrams
Sender Phone Number: 305 292-3550
County Name: Monroe
Ordinance Number: 2021 018
i
Sally Abrams
Administrative/VAB Clerk
^w � Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller
500 Whitehead Street, Key West, Florida, 33040
� NM W Phone: 305-292-3550
www.clerk-of-the-court.com
PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged,
private, and/or confidential information protected by state and federal law. If you have received this information in
error, please notify the sender immediately and destroy the information.
Florida has a very broad public records law. Most written communications with any public agency in the course of its
official business are public record, and available to the public and media upon request. Your e-mail communication with
this office may be subject to public disclosure.
2
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FLORIDA DEPARTMENT
..
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 28, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Sally Abrams
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 018-2021, which was filed in this office on June 28,
2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270