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2024-003
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Last modified
2/2/2024 10:55:12 AM
Creation date
2/2/2024 10:53:39 AM
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Resolutions
Resolution Number
2024-003
Approved Date
01/09/2024
Agenda Item Number
14.A.1.
Resolution Type
Season Ban on Fertilizer
Entity Name
Indian River County
Subject
Strict Rainy Season Ban on Urban Fertilizer
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RESOLUTION 2024-003 <br />Appropriation 146 of the 2023-2024 General Appropriations Act, a county or municipal <br />government may not adopt or amend a fertilizer management ordinance, pursuant to s. 403.9337, <br />Florida Statutes, which provides for a prohibited application period not in existence on June 30, <br />2023; <br />WHEREAS, the proviso language of Specific Appropriation 146 of the 2023-24 General <br />Appropriations Act provides in part that 1250,000 in nonrecurring state funds shall be used by the <br />University of Florida Institute of Food and Agricultural Sciences (IFAS) to evaluate the effectiveness <br />of the timing of seasonal fertilizer restrictions on urban landscapes toward achieving nutrient target <br />objectives for waterbodies statewide"; <br />WHEREAS, the science behind the many strong local fertilizer ordinances is voluminous; <br />every local government that has adopted a strong ordinance since 2007, and especially since 2009, <br />has a public record of all of the science used to determine the viability of a strong ordinance in the <br />respective watershed. In 2009, Florida Statute (403.9337) mandated that each ordinance stronger <br />than the Florida Department of Environmental Protection (FDEP) Model ordinance be "science - <br />based, and economically and technically feasible". Since that date ordinances covering 16 <br />counties, and in most cases all of their respective municipalities, have been adopted and <br />implemented; <br />WHEREAS, the Florida Department of Agriculture and Consumer Services (FDACS) has <br />never challenged the legality or the science behind any of the existing ordinances. In December <br />2014, the Florida Department of Agriculture and Consumer Services (FDACS) updated the <br />labeling requirements for DIY bags of turf fertilizer in the state to include the following language: <br />"Check with your county or city government to determine if there are local regulations for fertilizer <br />use"; and <br />WHEREAS, the fertilizer industry's response has been positive. In 2015 Scotts® <br />announced a new summer -safe, no N -no P, turf product, an example of how many fertilizer <br />manufacturers have embraced these ordinances and provided products that are compliant with <br />local regulations; now, therefore, be it <br />NOW, THEREFORE, BE IT RESOLVED, that the Indian River County <br />Commissioners reaffirms its resolute support of and steadfast commitment to, the current strong <br />urban fertilizer ordinance that is more stringent than the state model baseline to manage <br />2 <br />
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