Sally Scalera

Brevard County Horticulture Extension Agent
3695 Lake Drive -- Cocoa FL 32926 -- 321-633-1702

Senate Bills 2080 and 494

February 27, 2010

Near the end of 2009, two senate bills were passed that could impact anyone who enjoys landscaping their yard, is on a Homeowner Association board or Landscaping Committee, or who works as a landscaper. Governor Crist signed Senate Bill 2080, related to water resources, and SB494, which relates to water conservation, into law but you may not have heard about it yet. There is no doubt that SB2080 could affect a Homeowner Association or an individual homeowner and that SB494 will definitely affect all landscape maintenance companies that apply fertilizers.

A few highlights of SB2080 are as follows:

  • The new bill deletes references to “xeriscape” and replaces it with Florida-Friendly Landscaping™ (FFL.)
  • This bill requires water management districts to provide model FFL™ ordinances to local governments.
  • Each water management district shall use the materials developed by the FDEP, UF/IFAS and Center for Landscape Conservation & Ecology/ FFL program, including but not limited to Florida Yards & Neighborhoods (FYN) Home Owners, FYN Builder & Developers and the Green Industries Best Management Practices (GI-BMP) Program.
  • The water management districts shall coordinate with the FDEP & UF/IFAS if revisions to the educational materials are needed.
  • A deed restriction or covenant may not prohibit or be enforced to prohibit any property owner from implementing FFL™ on his or her land.
  • A local government ordinance may not prohibit or be enforced so as to prohibit any property owner from implementing FFL on his or her land.
  • Local governments shall use the standards and guidelines when developing landscape irrigation and FFL ordinances.
  • For further information on this bill go to this website.

Here are some of the highlights for the new Senate Bill 494:

  • All commercial fertilizer applicators will be required by law to have a FDACS license by January 1, 2014.
  • Passing the GI-BMP training, or an approved equivalent, is mandatory to obtain that license.
  • The FDEP, in corporation with UF/IFAS shall provide training and testing programs in urban landscape management practices and may issue certificates demonstrating satisfactory completion of the training.
  • After receiving a certificate of completion a person may apply to the FDACS to receive a limited certification for urban landscape commercial fertilizer application under S. 482.1562.
  • A person possessing such certification is not subject to additional local testing.
  • Beginning January 2014, any person applying fertilizer to an urban landscape must be certified under S. 482.1562, Florida Statues.
  • A limited certification expires 4 years after the date of issuance.
  • Before applying for recertification, the applicant must complete four classroom hours of acceptable continuing education (CEUs), of which at least two hours are on fertilizer best management practices.
  • For further information on this bill go to this website.

At this point, the two website links are the best way to find out more information but it is just a matter of time before more information becomes available about the outcomes and impacts from these two new senate bills.