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Legislation
Ordinance: 14006
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City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8897
Final Action Date: 6/10/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
22.5/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "GREEN INITIATIVES/FLORIDA-FRIENDLY FERTILIZER
USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA-FRIENDLY
LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE
OF FLORIDA LAWS; TO PROVIDE FOR COMPLIANCE WITH MIAMI-DADE
COUNTY LAWS; TO PROVIDE FOR DEFINITIONS; AND TO PROVIDE FOR
OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, excess nutrients, such as nitrogen and phosphorus, that come in most
fertilizers can pollute waterways and cause environmental problems such as algae blooms; and
WHEREAS, algae blooms kill wildlife, are harmful to humans, and smother seagrass;
and
WHEREAS, the City Commission has determined that the use of fertilizers on lands
within the City of Miami ("City") contributes to the adverse effects on surface and/or ground
waters because of the impairment to the City's surface waters caused by excessive nutrients or
increasing levels of nitrogen in the surface and/or ground waters within the aquifers or springs
within the boundaries of the City; and
WHEREAS, in April 2020, the City Commission adopted an Ordinance titled "Florida -
Friendly Landscaping and Fertilizer Use"; and
WHEREAS, the City's standards must also comply with Miami -Dade County's ("County")
standards; and
WHEREAS, the County's ordinance regarding fertilizers is stricter than the City's
ordinance in certain respects, as the County establishes an annual period between May 15 and
October 31 during which fertilizer applications generally would be prohibited and requires larger
fertilizer -free zones next to bodies of water; and
WHEREAS, the County ordinance provides for certain tailored exceptions related to
limited uses such as vegetable and community gardens, athletic fields, golf courses, and parks
with separate criteria under certain circumstances, which are designed to reduce the need for
fertilization at such locations and to provide greater awareness of fertilizer needs and usage
through robust testing and reporting requirements; and
WHEREAS, pursuant to Section 403.0885, Florida Statutes, and rules promulgated
thereunder, the City's National Pollutant Discharge Elimination System ("NPDES") permit
City of Miami
8897 Legislation -SUB
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File ID: 8897
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Enactment Number: 14006
FLS000002-004 authorizes the City to discharge stormwater to waters of the State of Florida in
accordance with the approved stormwater management program ("Program"), effluent limitation,
and monitoring; and
WHEREAS, part of the Program is compliance with pollution prevention measures,
treatment or removal techniques, stormwater monitoring, use of legal authority, and other
appropriate means to control the quality of permitted stormwater discharge; and
WHEREAS, one (1) of the seven (7) activities in the Program mandates the reduction of
pesticides, herbicides, and fertilizer applications pursuant to Section 403.9337, Florida Statutes,
where all local governments are encouraged to adopt a Florida Friendly Landscaping Ordinance
within 24 months of the date of the NPDES permit (November 18, 2016); and
WHEREAS, the required activities and reporting requirements are detailed in Part III. A.
6 of the NPDES permit and are submitted in each annual report to the Florida Department of
Environmental Protection ("F.D.E.P"); and
WHEREAS, pursuant to Section 403.9337, Florida Statutes, each municipal government
located within the watershed of a water body or water segment that is listed as impaired by
nutrients pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the
F.D.E.P.'s Model Ordinance for Florida -Friendly Fertilizer Use on Urban Landscapes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 22.5 of the Code of the City of Miami, Florida, as amended, is
hereby further amended as follows:1
"CHAPTER 22.5
GREEN INITIATIVES
ARTICLE VII. FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES
* * *
Sec. 22.5-130. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section unless the context clearly indicates otherwise.
Application [or] apply, or variants thereof means the actual physical deposit of fertilizer to
turf or landscape plants.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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Enactment Number: 14006
Applicator means any person who applies fertilizer on turf and/or landscape plants in the
city.
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.
Commercial fertilizer applicator or commercial applicator means any person who applies
fertilizer on turf and/or landscape plants in the city in exchange for money, goods, services, or
other valuable consideration.
Department means the Miami -Dade County Division of Environmental Resources
Management.
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 except pesticidc/fcrtilizcr mixtures
such as "weed and feed" products that contains one or more recognized plant n, ,trients and
provides other corrective measures to the soil. means any substance or mixture of substances
that contains one or more recognized plant nutrients and promotes plant growth, controls soil
acidity or alkalinity, provides other soil enrichment, or provides other corrective measures to the
soil.
Green Infrastructure means a management approach engineered -as -natural ecosystems
such as green roofs, porous pavement, swales, and rain gardens that largely rely on using soil
and vegetation to infiltrate, evapotranspirate, or harvest stormwater runoff and reduce flows to
drainage collection systems. This practice aims to preserve, restore, and create green space
using soils, vegetation, and rainwater harvest techniques.
High -Impact Areas in Public Parks means turf grass areas that are heavily utilized by
pedestrian traffic year-round. High -Impact Areas in Public Parks within the City will be identified
by the Director of the Parks and Recreation Department or successor department.
Institutional applicator means any person other than a non-commercial or 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 and managers 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 Impact Development ("LID") means the systems and practices that use or mimic
natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order
to protect water quality and associated aquatic habitat. LID is an approach to land development
or redevelopment that works with nature to manage stormwater as close to its source as
possible.
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Enactment Number: 14006
Low maintenance zone means an area a minimum of ten feet wide adjacent to
watercourses which is planted and managed in order to minimize the need for fertilization,
watering, mowing, etc.
Pasture means land used for livestock grazing that is managed to provide feed value.
Person means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, or group of people acting as an
organized entity.
Prohibited application period means the time period during which a flood watch or warning,
a tropical storm watch or warning, era hurricane watch or warning is in effect for any portion of
the city issued by the National Weather Service, or if heavy rain is likely. if rain greater than or
equal to two (2) inches in a 24-hour period is forecasted, or if heavy rain is likely.
Restricted application period means June 1 through September 30. May 15 through
October 31.
Saturated Soil means soil in which the voids are filled with water. Saturated Soil does not
require flow. For the purposes of this Chapter, Saturated Soil includes standing water present or
if the pressure of a person standing on the soil causes the release of free water.
Specialized Turf means areas of grass used for golf courses, athletic fields, high impact
areas, and other similar activities.
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.
Turf, sod, or lawn means a piece of grass -covered soil held together by the roots of the
grass.
Sec. 22.5-132. Applicability.
This article shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the city unless such applicator is specifically exempted by
the terms of this article from the regulatory provisions of this article or an existing contract in
effect at the time this article passes which provides other regulatory provisions that shall govern
only until such existing contract terminates, expires, or is amended or during any declared state
of emergency pursuant to chapter 45 of the City Code. This article shall be prospective only and
shall not impair any existing contracts.
Sec. 22.5-133. Time of fertilizer application.
(a) 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. In addition,
fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants
during the restricted application period, which is defincd 33 June 1 to September 30.
(b) Fertilizer containing nitrogen or phosphorus shall only be applied to actively growing turf.
Fertilizer containing nitrogen or phosphorus shall not be Applied to Turf that is dead.
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(c) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding
a site and shall not be applied for the first 30 60 days after seeding or sodding except when
hydroseeding for temporary or permanent erosion control in an emergency situation
(wildfire, etc.) or in accordance with the stormwater pollution prevention plan for that site.
Sec. 22.5-134. Fertilizer free zones.
Fertilizer shall not be applied within 4-5 20 feet from the top of the bank of any pond,
stream, watercourse, lake, canal, or wetland as defined by the Florida Department of
Environmental Protection ("FDEP"), currently codified in Fla. Admin. Code 62-340, of from the
top of a seawall, or Biscayne Bay. If more stringent County Code regulations apply, this
provision does not relieve the requirement to adhere to the more stringent regulations. Newly
planted turf and/or landscape plants may be fertilized in this zone only for a 60-day period
beginning 30 days after planting if needed to allow the plants to become well established.
Caution shall be used to prevent direct deposition of nutrients into the water.
Sec. 22.5-135. Low maintenance zones.
A voluntary ten -foot low maintenance zone is strongly recommended, but not mandated,
from any pond, stream, water course, lake, wetland, Biscayne Bay, or from the top of a seawall.
A swale/berm system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent County Code regulations apply,
this provision does not relieve the requirement to adhere to the more stringent regulations. No
mowed or cut vegetative material should be deposited or left remaining in the low maintenance
zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed
products in the low maintenance zone. Care must be taken to ensure erosion of the surface soil
does not occur. Excessive erosion may result in additional pollution hazard.
Sec. 22.5-136. Fertilizer content and application rates.
(a) Fertilizers applied to turf and/or landscape plants within the city shall be applied to turf
and/or landscape plants at the lowest recommended rate according to the "Florida Green
Industries Best Management Practices for Protection of Water Resources in Florida,
December 2008", as updated, with no more than four (4) pounds of nitrogen per 1,000
square feet applied in any calendar year.
(b) Liquid fertilizers containing nitrogen applied to turf and/or landscape plants within the city
shall not be applied at a rate that exceeds 0.5 pounds per 1,000 square feet per
application.
(c) Solid fertilizers containing nitrogen applied to turf and/or landscape plants within the City
shall not be applied at a rate that exceeds one (1) pound per one thousand (1,000) square
feet per application.
(Gd) Granular fertilizers containing nitrogen applied to turf and/or landscape plants within the
city shall contain at least 50sixty five percent (65%) slow release, controlled release, timed
release, slowly available, or water insoluble nitrogen per guaranteed analysis label.
Caution should be used to prevent direct deposition of nutrients in the water.
(4e) No fertilizer containing phosphorus shall be applied to turf and/or landscape plants within
the city, except where a phosphorus deficiency has been demonstrated in the soil
underlying the turf and/or landscape plants by a soil analysis test performed by a State of
Florida certified laboratory. Any person who obtains a soil analysis test showing a
phosphorus deficiency and who wishes to apply phosphorus to turf and/or landscape plants
shall provide a copy of the test results to the city prior to the application of phosphorus.
Phosphorus shall not be applied in excess of the amount needed to correct the deficiency
as indicated by said test results. Where a deficiency has been verified, phosphorus
fertilizer shall not be applied at application rates that exceed 0.25 lbs of phosphorus per
1,000 square feet per application and not to exceed 0.50 lbs. of phosphorus per 1,000
square feet per year.
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(ef) Fertilizers labeled for sports turf at golf courses, parks, and athletic fields shall:
(1) Have directions for use not to exceed rates recommended in the document titled
SL191 "Recommendations for N, P, K and Mg for Golf Course and Athletic Field
Fertilization Based on Mehlich I Extractant" dated March 2007, as amended from time
to time, which is hereby adopted and incorporated by reference into this article.
(2) Have directions for use in accordance with the recommendations in "BMP's for the
Enhancement of Environmental Quality on Florida Golf Courses" published by FDEP
dated October 2012. This does not exempt applicators at these sites from the required
basic green industry BMP training.
Sec. 22.5-137. Application practices.
(a) 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 water bodies including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site or returned to the original or other appropriate
container.
(e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or water bodies.
Sec. 22.5-138. Management of grass clippings and vegetative matter.
In no case shall grass clippings, vegetative material, and/or vegetative debris, either
intentionally or accidentally, be washed, swept, or blown off into stormwater drains, ditches,
conveyances, water bodies, wetlands, sidewalks, or roadways. Any material that is accidentally
so deposited shall be immediately removed to the maximum extent practicable.
Sec. 22.5-139. Exemptions.
The provisions set forth in this article shall not apply to:
(4a) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14,
provided that fertilizers are applied in accordance with the appropriate best
management practices manual adopted by the Florida Department of Agriculture and
Consumer Services, Office of Agricultural Water Policy for the crop in question, if
applicable in the city.
(2b) Other properties not subject to or covered under the Florida Right to Farm Act that
have pastures used for grazing livestock provided that fertilizers are applied in
accordance with the appropriate best management practices manual adopted by the
Florida Department of Agriculture and Consumer Services, Office of Agricultural Water
Policy for the crop in question, if applicable in the city.
(3c) Fruit trees and shrubs provided that fertilizer application rates do not exceed
University of Florida Institute of Food and Agricultural Sciences (UF/IFAS)
recommendations.
(4d) Vegetable gardens, owned by individual property owners or a community, provided
that fertilizer application rates do not exceed UF/IFAS recommendations per SP 103
Florida Vegetable Gardening Guide, December 2008, as amended.
(5e) Yard waste compost, mulches, or other similar materials that are primarily organic in
nature and are applied to improve the physical condition of the soil.
(6f) Tree trunk injection fertilization treatments that are performed by a certified arborist.
(7) Golf courses. For all golf courses, the provisions of the Florida Department of
Environmental Protection document, titled "BM Ps for the Enhancement of
Environmental Quality on Florida Golf Courses, January 2007", as amcndcd, arc
required and shall be followed when applying fertilizer to golf courses.
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(8) Specialized turf managers are required to follow the provisions of the "Florida Green
Industries Best Management Practices for Protection of Water Resources in Florida,
December 2008", as amended, for turf and landscape plants.
Sec. 22.5-140. Requirements Related to Golf Courses, Athletic Fields, Specialized Turf,
and Parks.
(a) New and Renovated Golf Courses. All new golf courses, all existing golf courses where
more than fifty percent (50%) of the total golf course turf has been renovated or
redesigned after January 1, 2022, and all portions of golf course turf which are renovated
or redesigned after January 1, 2022 shall meet all of the following requirements. These
requirements shall apply to both public and private golf courses.
(1) Best management practices are encouraged to be incorporated as provided in "Best
Management Practices for the Enhancement of Environmental Quality on Florida Golf
Courses" published by the Florida Department of Environmental Protection, as may be
amended.
(2) Golf courses shall submit design plans to the Department that minimize areas that
require golf course turf and maximize the use of (i) native trees, shrubs, or
groundcover landscaping; (ii) Florida -friendly trees, shrubs, or groundcover
landscaping; or (iii) wetlands or other stormwater retention areas.
(3) A certified turfgrass species such as Bermuda, Paspalum, St. Augustine, Zoysia, or
other certified turfgrass species in consultation with the Director that requires a
comparably low amount of fertilization and water consumption shall be used for all
golf course turf areas.
(4) Green infrastructure elements or LID design shall be incorporated into the design of
the golf course's drainage system and in allowing ample, uncompacted areas for tree
root growth.
(5) Fertilizer shall not be applied within twenty (20) feet of any of the following, which
area shall be referred to as a "Fertilizer -Free Zone":
(i) from the top of the bank of any pond, stream, watercourse, lake, surface
waterbody, stormwater drain, or canal;
(ii) any wetland as defined in Chapter 62-340 of the Florida Administrative
Code;
(iii) from the top of a seawall; or
(iv) Biscayne Bay.
(b) New and Renovated Athletic Fields. All new athletic fields and all existing athletic fields
where more than fifty percent (50%) of the total athletic field has been renovated or
redesigned after January 1, 2022 shall meet all the following requirements:
(1) Best management practices shall be incorporated for landscaping through the use of
native and Florida -friendly trees, shrubs, and ground cover landscaping.
(2) Green infrastructure elements or LID design shall be incorporated into the design of
the athletic field's drainage system and in allowing ample, uncompacted areas for tree
root growth.
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(3) Fertilizer shall not be applied within twenty (20) feet of any of the following, which
area shall be referred to as a "Fertilizer -Free Zone":
(i) from the top of the bank of any pond, stream, watercourse, lake, surface
waterbody, stormwater drain, or canal;
(ii) any wetland as defined in Chapter 62-340 of the Florida Administrative
Code;
(iii) from the top of a seawall; or
(iv) Biscayne Bay.
(c) Renovated Parks. All existing parks where more than fifty percent (50%) of the total park
has been renovated or redesigned after January 1, 2022 shall meet all the following
requirements:
(1) Best management practices for landscaping shall be incorporated through the use of
native and Florida -friendly trees, shrubs, and ground cover landscaping.
(2) Green infrastructure elements or LID design shall be incorporated into the design of
the park's drainage system and in allowing ample, uncompacted areas for tree root
growth.
(3) Fertilizer shall not be applied within twenty (20) feet of any of the following, which
area shall be referred to as a "Fertilizer -Free Zone":
(i) from the top of the bank of any pond, stream, watercourse, lake, surface
waterbody, stormwater drain, or canal;
(ii) any wetland as defined in Chapter 62-340 of the Florida Administrative
Code;
(iii) from the top of a seawall; or
(iv) Biscayne Bay.
(d) Fertilizer Management Plan for Renovations. All renovations to any golf course, athletic
field, or park shall require preparation of a management plan with fertilization strategies,
chemical -mixes, and distribution/utilization regimes to reduce nitrogen and phosphorus -
related nutrient load and said management plan shall be provided to the Department upon
request. Said management plans may be modified, with notice to the Department, and
modified management plans shall be provided to the Department upon request.
(e) Fertilizers applied to parks and athletic fields shall be formulated and applied in
accordance with requirements and directions provided by Rule 5E-1.003(3)(b), Florida
Administrative Code, as may be amended.
(f) Fertilizers applied to turf and landscape plants shall be formulated and applied in
accordance with requirements and directions provided by Rule 5E-1.003(4), Florida
Administrative Code, Labeling Requirements For Urban Turf Fertilizers, as may be
amended.
(g) Fertilizers labeled for sports turf at golf courses, parks, and athletic fields shall:
(1) Have directions for use not to exceed rates recommended in the document titled SL
191 "Recommendations for N, P, K, and Mg for Golf Course and Athletic Field
Fertilization Based on Mehlich III Extractant," dated March 2007, as may be
amended; and
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(2) Have directions for use in accordance with the recommendations in "BMPs for the
Enhancement of Environmental Quality of Florida Golf Courses" published by the
Florida Department of Environmental Protection, dated October 2012. This does not
exempt applicators at these sites from the required basic Green Industry BMP
training.
(h) Soil Tests and Records. All public and private golf courses, public athletic fields, public
parks with Specialized Turf, and High -Impact Areas in Public Parks shall administer a
nutrient soil test at least once every six (6) months and shall maintain records of monthly
fertilizer usage. For the required nutrient soil tests, golf courses shall test at least three (3)
greens and three (3) fairways and if a golf course abuts or is intersected by a water body,
at least one (1) test shall be from the area abutting or intersected by the water body.
Nutrient soil test results and monthly fertilizer -use for the preceding twelve (12) month
period shall be provided to the Director upon request.
(i) Quarterly Reports for Golf Courses. Beginning on January 1, 2022, all public and private
golf courses are required to submit quarterly reports to the Department in a form approved
by the Director, which shall address fertilizer usage, low -maintenance landscaping,
compliance with the requirements of this Chapter, fertilizer -related training, actions taken
to voluntarily reduce fertilizer usage beyond the requirements of this Chapter, and
incidents such as algae blooms or fish kills.
(j) All public and private golf courses are encouraged to follow the provisions of the Florida
Department of Environmental Protection document titled "BM Ps for the Enhancement of
Environmental Quality on Florida Golf Courses, January 2012," as may be amended.
(k) High impact areas in public parks and athletic fields are encouraged to follow the
provisions of the "Florida Green Industries Best Management Practices for Protection of
Water Resources in Florida, December 2008," as may be amended.
(I) Waivers. The City may approve limited waivers of the requirements set forth in this
Section in accordance with all of the following:
(1) The request is submitted in writing
(2) The request details the project's design, details, and what unnecessary hardship or
practical difficulty the applicant would incur from compliance with the requirements.
(3) The City determines that the applicant made a good faith effort to achieve substantial
compliance with the applicable requirements and that the applicant would incur an
unnecessary hardship or practical difficulty from compliance with the requirements.
Sec. 22.5-1401. Training.
(a) All commercial and institutional applicators of fertilizer within the city 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 FDEP through the University of Florida Extension "Florida -Friendly Landscapes"
program.
(b) Private, non-commercial applicators are required to follow the recommendations of the
University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Florida Yards
and Neighborhoods program when applying fertilizers.
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Sec. 22.5-1442. Licensing of commercial applicators.
(a) All commercial applicators of fertilizer within the city shall abide by and successfully
complete training and continuing education requirements in the "Florida -friendly Best
Management Practices for Protection of Water Resources by the Green Industries" offered
by FDEP through the University of Florida Institute of Food and Agricultural Sciences
(UF/IFAS) "Florida -Friendly Landscapes" program prior to obtaining a city local business
tax receipt ("BTR") for any category of occupation which may apply any fertilizer to turf
and/or landscape plants. Commercial fertilizer applicators shall provide proof of completion
of the program to the department of code compliance when applying for the BTR within 180
days of the effective date of this article.
(b) All businesses of any category of occupation who may apply 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 an appropriate "Florida -Friendly Best Management Practices for Protection
of Water Resources by the Green Industries" training certificate prior to the business owner
obtaining a BTR.
Sec. 22.5-1423. Enforcement.
Funds generated by penalties imposed under this article shall be used by the city for the
administration and enforcement of F.S. § 403.9337, and the corresponding sections of this
article and to further water conservation and nonpoint pollution prevention activities.
Sec. 22.5-1434. Penalties.
A violation of any provision of this article shall be punishable by a fine of $250.00 for a first
offense and $500.00 for each offense thereafter and shall be enforced pursuant to the
provisions of chapter 2, article X of the City Code. The city, including its departments, boards,
and agencies, may take any and all appropriate action to enforce the provisions of this article,
including but not limited to code enforcement action pursuant to chapter 2, article X of the City
Code, emergency injunctive action, and any other action permitted by law, including but not
limited to F.S. ch. 162. The use of one remedy shall not preclude the use of another.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
z, ity ttor
iey ) 5/18/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami
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O x
City of Miami
Legislation
Ordinance
File Number: 8897
Final Action
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE
22.5/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS ' ENDED,
TITLED "GREEN INITIATIVES/FLORIDA-FRIENDLY FERTILIZER USE OURBAN
LANDSCAPES," TO REQUIRE FLORIDA-FRIENDLY LANDSCAPE PR TICES; TO
PROVIDE FOR COMPLIANCE WITH STATE OF FLORIDA LAWS; T• PROVIDE FOR
COMPLIANCE WITH MIAMI-DADE COUNTY LAWS; TO PROVIDE 'OR
DEFINITIONS; AND TO PROVIDE FOR OTHER GENERAL REQ REMENTS
CONTAINED IN THE ORDINANCE; CONTAINING A SEVERAB ITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
ate:
WHEREAS, excess nutrients, such as nitrogen and pho •horus, that come in most
fertilizers can pollute waterways and cause environmental pro
and
WHEREAS, algae blooms kill wildlife, are harmful
WHEREAS, the City Commission has deter
within the City of Miami ("City") contributes to the
waters because of the impairment to the City's s
increasing levels of nitrogen in the surface an
within the boundaries of the City; and
ems such as algae blooms; and
humans, and smother seagrass;
ned that the use of fertilizers on lands
verse effects on surface and/or ground
rface waters caused by excessive nutrients or
or ground waters within the aquifers or springs
WHEREAS, in April 2020, the Ci Commission adopted an Ordinance titled "Florida -
Friendly Landscaping and Fertilizer U -'; and
WHEREAS, the City's sta ards must also comply with Miami -Dade County's ("County")
standards; and
WHEREAS, the Co ' ty's ordinance regarding fertilizers is stricter than the City's
ordinance in certain respe' ts, as the County establishes an annual period between May 15 and
October 31 during whic ertilizer applications generally would be prohibited and requires larger
fertilizer -free zones n= t to bodies of water; and
WHEREA -, the County ordinance provides for certain tailored exceptions related to
limited uses su as vegetable and community gardens, athletic fields, golf courses, and parks
with separate riteria under certain circumstances, which are designed to reduce the need for
fertilization - such locations and to provide greater awareness of fertilizer needs and usage
through r• •ust testing and reporting requirements; and
WHEREAS, pursuant to Section 403.0885, Florida Statutes, and rules promulgated
ther' under, the City's National Pollutant Discharge Elimination System ("NPDES") permit
F 000002-004 authorizes the City to discharge stormwater to waters of the State of Florida in
ccordance with the approved stormwater management program ("Program"), effluent limitation,
and monitoring; and
City of Miami File ID: 8897 (Revision: 8) Printed On: 6/1/2021
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WHEREAS, part of the Program is compliance with pollution prevention measures,
treatment or removal techniques, stormwater monitoring, use of legal authority, and other
appropriate means to control the quality of permitted stormwater discharge; and
WHEREAS, one (1) of the seven (7) activities in the Program mandates the reduction
pesticides, herbicides, and fertilizer applications pursuant to Section 403.9337, Florida Stat -s,
where all local governments are encouraged to adopt a Florida Friendly Landscaping Ordi - ance
within 24 months of the date of the NPDES permit (November 18, 2016); and
WHEREAS, the required activities and reporting requirements are detailed i art III. A.
6 of the NPDES permit and are submitted in each annual report to the Florida Dep:rtment of
Environmental Protection ("F.D.E.P"); and
WHEREAS, pursuant to Section 403.9337, Florida Statutes, each m icipal government
located within the watershed of a water body or water segment that is liste,• as impaired by
nutrients pursuant to Section 403.067, Florida Statutes, shall, at a mini m, adopt the
F.D.E.P.'s Model Ordinance for Florida -Friendly Fertilizer Use on Urb- Landscapes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO
MIAMI, FLORIDA:
MISSION OF THE CITY OF
Section 1. The recitals and finding contained in the P eamble to this Ordinance are
adopted by reference and incorporated herein as if fully se forth in this Section.
Section 2. Chapter 22.5 of the Code of the Cit of Miami, Florida, as amended, is
hereby further amended as follows:1
"CH ` 'TER 22.5
G" EN INITIATIVES
ARTICLE VII. FLORIDA-FRINDLY FERTILIZER USE ON URBAN LANDSCAPES
* * *
Sec. 22.5-130. Definitions.
For the purposes of t s article, the following words and phrases shall have the meanings
respectively ascribed to em by this section unless the context clearly indicates otherwise.
Application [or] -pply, or variants thereof means the actual physical deposit of fertilizer to
turf or landscape p -nts.
Applicator eans any person who applies fertilizer on turf and/or landscape plants in the
city.
Bes management practices means turf and landscape practices or combination of
practic• s based on research, field-testing, and expert review determined to be the most
effe ve and practicable on -location means, including economic and technological
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
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considerations, for improving water quality, conserving water supplies, and protecting natural
resources.
Commercial fertilizer applicator or commercial applicator means any person who applies
fertilizer on turf and/or landscape plants in the city in exchange for money, goods, services, o
other valuable consideration.
Department means the Miami -Dade County Division of Environmental Resources
Management.
Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, •ecialized turf,
or landscape plants.
Fertilizer means any substance or mixture of substances except pesti •c/fcrtilizcr mixture&
such as "weed and feed" products that contains one or more recognized - ant nutrients and
promotes plant growth controls soil acidity or alkalinity nro.4des other - •il enrichment, or
provides other corrective measures to the soil. means any substance •r mixture of substances
that contains one or more recognized plant nutrients and promotes slant growth, controls soil
acidity or alkalinity, provides other soil enrichment, or provides of er corrective measures to the
soil.
Green Infrastructure means a management approach nqineered-as-natural ecosystems
such as green roofs, porous pavement, swales, and rain ,,ardens that largely rely on using soil
and vegetation to infiltrate, evapotranspirate, or harves stormwater runoff and reduce flows to
drainage collection systems. This practice aims to pr= erve, restore, and create green space
using soils, vegetation, and rainwater harvest tech ques.
High -Impact Areas in Public Parks means rf grass areas that are heavily utilized by
pedestrian traffic year-round. High -Impact Areas in Public Parks within the City will be identified
by the Director of the Parks and Recreatio •epartment or successor department.
Institutional applicator means any •erson other than a non-commercial or commercial
applicator (unless such definitions al • apply under the circumstances) that applies fertilizer for
the purpose of maintaining turf an. •r landscape plants. Institutional applicators shall include,
but shall not be limited to, owner and managers of public lands, schools, parks, religious
institutions, utilities, industrial o business sites, and any residential properties maintained in
condominium and/or commo► ownership.
Landscape plant m
ns any native or exotic tree, shrub, or groundcover (excluding turf).
Low Impact Dev-lopment ("LID") means the systems and practices that use or mimic
natural processes at result in the infiltration, evapotranspiration, or use of stormwater in order
to protect water • ality and associated aquatic habitat. LID is an approach to land development
or redevelopm - t that works with nature to manage stormwater as close to its source as
possible.
Low maintenance zone means an area a minimum of ten feet wide adjacent to
waters%urses which is planted and managed in order to minimize the need for fertilization,
wate ng, mowing, etc.
Pasture means land used for livestock grazing that is managed to provide feed value.
Person means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, or group of people acting as an
organized entity.
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Prohibited application period means the time period during which a flood watch or warning,
a tropical storm watch or warning, era hurricane watch or warning is in effect for any portion of
the city issued by the National Weather Service, or if heavy rain is likely. if rain greater than or
equal to two (2) inches in a 24-hour period is forecasted, or if heavy rain is likely.
Restricted application period means June 1 through September 30. May 15 through
October 31.
Saturated Soil means soil in which the voids are filled with water. Saturated So. does not
require flow. For the purposes of this Chapter, Saturated Soil includes standing w- er present or
if the pressure of a person standing on the soil causes the release of free water.
Specialized Turf means areas of grass used for golf courses, athletic fi= ds, high impact
areas, and other similar activities.
Slow release, controlled release, timed release, slowly available, • r water insoluble
nitrogen means nitrogen in a form which delays its availability for pl t uptake and use after
application or which extends its availability to the plant longer tha - reference rapid or quick
release product.
Turf, sod, or lawn means a piece of grass -covered soil ' eld together by the roots of the
grass.
Sec. 22.5-132. Applicability.
This article shall be applicable to and shall reg ate any and all applicators of fertilizer and
areas of application of fertilizer within the city unless such applicator is specifically exempted by
the terms of this article from the regulatory prov ions of this article or an existing contract in
effect at the time this article passes which pro ides other regulatory provisions that shall govern
only until such existing contract terminates, '-xpires, or is amended or during any declared state
of emergency pursuant to chapter 45 of t - City Code. This article shall be prospective only and
shall not impair any existing contracts.
Sec. 22.5-133. Time of fertilizer app
(a) No applicator shall apply fern
landscape plants during th
fertilizer containing nitro
during the restricted a
cation.
zers containing nitrogen and/or phosphorus to turf and/or
prohibited application period or to Saturated Soils. In addition,
n or phosphorus shall not be applied to turf or landscape plants
lication period, which is defincd 33 June 1 to September 30.
(b) Fertilizer containin• nitrogen or phosphorus shall only be applied to actively growing turf.
Fertilizer contain q nitrogen or phosphorus shall not be Applied to Turf that is dead.
(c) Fertilizer co ining nitrogen or phosphorus shall not be applied before seeding or sodding
a site and - all not be applied for the first 30 60 days after seeding or sodding except when
hydrose; • ing for temporary or permanent erosion control in an emergency situation
(wildfir- , etc.) or in accordance with the stormwater pollution prevention plan for that site.
Sec. 2 -134. Fertilizer free zones.
rtilizer shall not be applied within 4-5 20 feet from the top of the bank of any pond,
str-:m, watercourse, lake, canal, or wetland as defined by the Florida Department of
vironmental Protection ("FDEP"), currently codified in Fla. Admin. Code 62-340, of from the
op of a seawall, or Biscayne Bay. If more stringent County Code regulations apply, this
provision does not relieve the requirement to adhere to the more stringent regulations. Newly
planted turf and/or landscape plants may be fertilized in this zone only for a 60-day period
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beginning 30 days after planting if needed to allow the plants to become well established.
Caution shall be used to prevent direct deposition of nutrients into the water.
Sec. 22.5-135. Low maintenance zones.
A voluntary ten -foot low maintenance zone is strongly recommended, but not mandated
from any pond, stream, water course, lake, wetland, Biscayne Bay, or from the top of a sea all.
A swale/berm system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent County Code regulation apply,
this provision does not relieve the requirement to adhere to the more stringent regula •ns. No
mowed or cut vegetative material should be deposited or left remaining in the low :intenance
zone or deposited in the water. Care should be taken to prevent the over -spray o-quatic weed
products in the low maintenance zone. Care must be taken to ensure erosion o he surface soil
does not occur. Excessive erosion may result in additional pollution hazard.
Sec. 22.5-136. Fertilizer content and application rates.
(a) Fertilizers applied to turf and/or landscape plants within the city shal •e applied to turf
and/or landscape plants at the lowest recommended rate accordin , to the "Florida Green
Industries Best Management Practices for Protection of Water ' - sources in Florida,
December 2008", as updated, with no more than four (4) poun%s of nitrogen per 1,000
square feet applied in any calendar year.
(b) Liquid fertilizers containing nitrogen applied to turf and/or I dscape plants within the city
shall not be applied at a rate that exceeds 0.5 pounds p= 1,000 square feet per
application.
(c) Solid fertilizers containing nitrogen applied to turf anor landscape plants within the City
shall not be applied at a rate that exceeds one (1) sound per one thousand (1,000) square
feet per application.
(Gd) Granular fertilizers containing nitrogen applied
city shall contain at least 50 percent slow rel
available, or water insoluble nitrogen per
used to prevent direct deposition of nutr
(4e) No fertilizer containing phosphorus sh
the city, except where a phosphorus
underlying the turf and/or landsca
Florida certified laboratory. Any
phosphorus deficiency and w
shall provide a copy of the t
Phosphorus shall not be a
as indicated by said tes
fertilizer shall not be a
1,000 square feet p
square feet per ye-r.
(et) Fertilizers label-• for sports turf at golf courses, parks, and athletic fields shall:
(1) Have dir= tions for use not to exceed rates recommended in the document titled
SL191 "-ecommendations for N, P, K and Mg for Golf Course and Athletic Field
Fertil. ation Based on Mehlich I Extractant" dated March 2007, as amended from time
to f e, which is hereby adopted and incorporated by reference into this article.
(2) ve directions for use in accordance with the recommendations in "BMP's for the
nhancement of Environmental Quality on Florida Golf Courses" published by FDEP
dated October 2012. This does not exempt applicators at these sites from the required
basic green industry BMP training.
Se . 22.5-137. Application practices.
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 water bodies including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
o turf and/or landscape plants within the
ase, controlled release, timed release, slowly
aranteed analysis label. Caution should be
nts in the water.
be applied to turf and/or landscape plants within
eficiency has been demonstrated in the soil
plants by a soil analysis test performed by a State of
erson who obtains a soil analysis test showing a
wishes to apply phosphorus to turf and/or landscape plants
t results to the city prior to the application of phosphorus.
plied in excess of the amount needed to correct the deficiency
esults. Where a deficiency has been verified, phosphorus
plied at application rates that exceed 0.25 lbs of phosphorus per
application and not to exceed 0.50 lbs. of phosphorus per 1,000
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(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site or returned to the original or other appropriat
container.
(e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or water bodies.
Sec. 22.5-138. Management of grass clippings and vegetative matter.
In no case shall grass clippings, vegetative material, and/or vegetative debris, - ther
intentionally or accidentally, be washed, swept, or blown off into stormwater drain ditches,
conveyances, water bodies, wetlands, sidewalks, or roadways. Any material this accidentally
so deposited shall be immediately removed to the maximum extent practicabl
Sec. 22.5-139. Exemptions.
The provisions set forth in this article shall not apply to:
(4a) Bona fide farm operations as defined in the Florida Right to F m Act, F.S. § 823.14,
provided that fertilizers are applied in accordance with the - •propriate best
management practices manual adopted by the Florida Department of Agriculture and
Consumer Services, Office of Agricultural Water Policy •r the crop in question, if
applicable in the city.
(2b) Other properties not subject to or covered under th lorida Right to Farm Act that
have pastures used for grazing livestock provide. hat fertilizers are applied in
accordance with the appropriate best manage -nt practices manual adopted by the
Florida Department of Agriculture and Consu er Services, Office of Agricultural Water
Policy for the crop in question, if applicable the city.
(3c) Fruit trees and shrubs provided that fertili r application rates do not exceed
University of Florida Institute of Food a : Agricultural Sciences (UF/IFAS)
recommendations.
(4d) Vegetable gardens, owned by indiv • ual property owners or a community, provided
that fertilizer application rates do ot exceed UF/IFAS recommendations per SP 103
Florida Vegetable Gardening G ide, December 2008, as amended.
(5e) Yard waste compost, mulche , or other similar materials that are primarily organic in
nature and are applied to i •rove the physical condition of the soil.
(el) Tree trunk injection fertili :tion treatments that are performed by a certified arborist.
(7) Golf courses. For all go ' courses, the provisions of the Florida Department of
Environmental Prote on document, titled "BMPs for the Enhancement of
Environmental Qua y on Florida Golf Courses, January 2007", as amended, arc
required and shal •e followed when applying fertilizer to golf courses.
(8) Specialized turf anagers are required to follow the provisions of the "Florida Green
Industries Be- Management Practices for Protection of Water Resources in Florida,
December . 108", as amended, for turf and landscape plants.
Sec. 22.5 40. Requirements Related to Golf Courses, Athletic Fields, Specialized Turf,
and Parks.
(a) New - d Renovated Golf Courses. All new golf courses, all existing golf courses where
mo than fifty percent (50%) of the total golf course turf has been renovated or
r=resigned after January 1, 2022, and all portions of golf course turf which are renovated
•r redesigned after January 1, 2022 shall meet all of the following requirements. These
requirements shall apply to both public and private golf courses.
(1) Best management practices are encouraged to be incorporated as provided in "Best
Management Practices for the Enhancement of Environmental Quality on Florida Golf
Courses" published by the Florida Department of Environmental Protection, as may be
amended.
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(2) Golf courses shall submit design plans to the Department that minimize areas that
require golf course turf and maximize the use of (i) native trees, shrubs, or
groundcover landscaping; (ii) Florida -friendly trees, shrubs, or groundcover
landscaping; or (iii) wetlands or other stormwater retention areas.
(3) A certified turfgrass species such as Bermuda, Paspalum, St. Augustine, Zoysi., or
other certified turfgrass species in consultation with the Director that requires
comparably low amount of fertilization and water consumption shall be use• or all
golf course turf areas.
(4) Green infrastructure elements or LID design shall be incorporated int• he design of
the golf course's drainage system and in allowing ample, uncompa ed areas for tree
root growth.
(5) Fertilizer shall not be applied within twenty (20) feet of any of e following, which
area shall be referred to as a "Fertilizer -Free Zone":
(i) from the top of the bank of any pond, stream, w=tercourse, lake, surface
waterbody, stormwater drain, or canal;
(ii) any wetland as defined in Chapter 62-340 • ' the Florida Administrative
Code;
(iii) from the top of a seawall; or
(iv) Biscayne Bay.
(b) New and Renovated Athletic Fields. All new athl- is fields and all existing athletic fields
where more than fifty percent (50%) of the tot- athletic field has been renovated or
redesigned after January 1, 2022 shall mee .II the following requirements:
(1) Best management practices shall b incorporated for landscaping through the use of
native and Florida -friendly trees, rubs, and ground cover landscaping.
(2) Green infrastructure element or LID design shall be incorporated into the design of
the athletic field's drainage - stem and in allowing ample, uncompacted areas for tree
root growth.
(3) Fertilizer shall not be pplied within twenty (20) feet of any of the following, which
area shall be referr= • to as a "Fertilizer -Free Zone":
(i) from th top of the bank of any pond, stream, watercourse, lake, surface
waterbody, stormwater drain, or canal;
(ii) an etland as defined in Chapter 62-340 of the Florida Administrative
Cede;
(iii) rom the top of a seawall; or
(iv, Biscayne Bay.
(c) Renova -d Parks. All existing parks where more than fifty percent (50%) of the total park
has b=-n renovated or redesigned after January 1, 2022 shall meet all the following
req ements:
) Best management practices for landscaping shall be incorporated through the use of
native and Florida -friendly trees, shrubs, and ground cover landscaping.
(2) Green infrastructure elements or LID design shall be incorporated into the design of
the park's drainage system and in allowing ample, uncompacted areas for tree root
growth.
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(3) Fertilizer shall not be applied within twenty (20) feet of any of the following, which
area shall be referred to as a "Fertilizer -Free Zone":
(i) from the top of the bank of any pond, stream, watercourse, lake, surface
waterbody, stormwater drain, or canal;
(ii) any wetland as defined in Chapter 62-340 of the Florida Administrative
Code;
(iii) from the top of a seawall; or
(iv) Biscayne Bay.
(d) Fertilizer Management Plan for Renovations. All renovations to any golf cours- , athletic
field, or park shall require preparation of a management plan with fertilizatio► strategies,
chemical -mixes, and distribution/utilization regimes to reduce nitrogen an. phosphorus -
related nutrient load and said management plan shall be provided to th- Department upon
request. Said management plans may be modified, with notice to the Department, and
modified management plans shall be provided to the Department u• •n request.
(e) Fertilizers applied to parks and athletic fields shall be formulate • and applied in
accordance with requirements and directions provided by Rul- 5E-1.003(3)(b), Florida
Administrative Code, as may be amended.
(f) Fertilizers applied to turf and landscape plants shall be
accordance with requirements and directions provide
Administrative Code, Labeling Requirements For U
amended.
rmulated and applied in
y Rule 5E-1.003(4), Florida
an Turf Fertilizers, as may be
(g) Fertilizers labeled for sports turf at golf cours=-, parks, and athletic fields shall:
(1) Have directions for use not to exce-• rates recommended in the document titled SL
191 "Recommendations for N, P, and Mg for Golf Course and Athletic Field
Fertilization Based on Mehlich I Extractant," dated March 2007, as may be
amended; and
(2) Have directions for use in accordance with the recommendations in "BMPs for the
Enhancement of Enviro► ental Quality of Florida Golf Courses" published by the
Florida Department o nvironmental Protection, dated October 2012. This does not
exempt applicators these sites from the required basic Green Industry BMP
training.
(h) Soil Tests and Rec'rds. All public and private golf courses, public athletic fields, public
parks with Speci zed Turf, and High -Impact Areas in Public Parks shall administer a
nutrient soil tes at least once every six (6) months and shall maintain records of monthly
fertilizer usa. - For the required nutrient soil tests, golf courses shall test at least three (3)
greens an. ree (3) fairways and if a golf course abuts or is intersected by a water body,
at least oe (1) test shall be from the area abutting or intersected by the water body.
Nutrie soil test results and monthly fertilizer -use for the preceding twelve (12) month
perio , shall be provided to the Director upon request.
(i) a arterlv Reports for Golf Courses. Beginning on January 1, 2022, all public and private
golf courses are required to submit quarterly reports to the Department in a form approved
by the Director, which shall address fertilizer usage, low -maintenance landscaping,
compliance with the requirements of this Chapter, fertilizer -related training, actions taken
to voluntarily reduce fertilizer usage beyond the requirements of this Chapter, and
incidents such as algae blooms or fish kills.
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(j) All public and private golf courses are encouraged to follow the provisions of the Florida
Department of Environmental Protection document titled "BM Ps for the Enhancement of
Environmental Quality on Florida Golf Courses, January 2012," as may be amended.
(k) High impact areas in public parks and athletic fields are encouraged to follow the
provisions of the "Florida Green Industries Best Management Practices for Protection •f
Water Resources in Florida, December 2008," as may be amended.
(I) Waivers. The City may approve limited waivers of the requirements set forth in is
Section in accordance with all of the following:
(1) The request is submitted in writing
(2) The request details the project's design, details, and what unneceary hardship or
practical difficulty the applicant would incur from compliance wit the requirements.
(3) The City determines that the applicant made a good faith eff
compliance with the applicable requirements and that the
unnecessary hardship or practical difficulty from comoli ce
Sec. 22.5-1401. Training.
(a) All commercial and institutional applicators of fertilizer w in the city shall abide by and
successfully complete the six -hour training program in e "Florida -Friendly Best
Management Practices for Protection of Water Resources by the Green Industries" offered
by FDEP through the University of Florida Extensi• "Florida -Friendly Landscapes"
program.
(b) Private, non-commercial applicators are requir- d to follow the recommendations of the
University of Florida Institute of Food and A. 'cultural Sciences (UF/IFAS) Florida Yards
and Neighborhoods program when applyi • fertilizers.
Sec. 22.5-1442. Licensing of commercial app cators.
(a) All commercial applicators of fertilizer 'thin the city shall abide by and successfully
complete training and continuing ed ation requirements in the "Florida -friendly Best
Management Practices for Protect •n of Water Resources by the Green Industries" offered
by FDEP through the University % Florida Institute of Food and Agricultural Sciences
(UF/IFAS) "Florida -Friendly L
tax receipt ("BTR") for any c
and/or landscape plants.
of the program to the de
days of the effective d
(b) All businesses of an
landscape plants
properties, and
employee has
of Water Re
obtaining
rt to achieve substantial
plicant would incur an
with the requirements.
dscapes" program prior to obtaining a city local business
egory of occupation which may apply any fertilizer to turf
mmercial fertilizer applicators shall provide proof of completion
artment of code compliance when applying for the BTR within 180
e of this article.
category of occupation who may apply fertilizer to turf and/or
cluding but not limited to residential lawns, golf courses, commercial
ulti-family and condominium properties) must ensure that at least one
n appropriate "Florida -Friendly Best Management Practices for Protection
urces by the Green Industries" training certificate prior to the business owner
TR.
Sec. 22.5-1 23. Enforcement.
Fun• generated by penalties imposed under this article shall be used by the city for the
admini ration and enforcement of F.S. § 403.9337, and the corresponding sections of this
articl= and to further water conservation and nonpoint pollution prevention activities.
S'-c. 22.5-1434. Penalties.
A violation of any provision of this article shall be punishable by a fine of $250.00 for a first
offense and $500.00 for each offense thereafter and shall be enforced pursuant to the
provisions of chapter 2, article X of the City Code. The city, including its departments, boards,
and agencies, may take any and all appropriate action to enforce the provisions of this article,
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including but not limited to code enforcement action pursuant to chapter 2, article X of the City
Code, emergency injunctive action, and any other action permitted by law, including but not
limited to F.S. ch. 162. The use of one remedy shall not preclude the use of another.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of t s
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be aff- cted.
Section 4. This Ordinance shall become effective ten (10) days after adoptio- thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
,t6ria MvlendeL� z Comity Attor trey 4/13/2021 "►fit .r a r= dez, y ity 5/18/2021
2 his Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 8897 (Revision: B) Printed On: 6/1/2021