Sarasota County may enact restrictions of plant fertilizer use Monday.
The story so far: Local leaders oppose state legislation that would help create a uniform state law about fertilizers. County Commission members and local environmentalists say the state legislation is the fertilizer industry's attempt to trump stronger local laws.
What's next: The local law could restrict the types of fertilizers residents can use in the county. It might also restrict companies that apply fertilizer and state how close to the water fertilizers can be used.
By PATRICK WHITTLE
patrick.whittle@heraldtribune.com
SARASOTA COUNTY -- Fearful of a push in Tallahassee to enact statewide legislation about plant fertilizer use, Sarasota County plans to enact its own local law as soon as Monday.
Local leaders oppose a proposed state law that would help create an ordinance designed to govern fertilizer use statewide. County Commission members and local environmentalists say the state legislation is the fertilizer industry's attempt to trump the efforts of several cities and counties to enact tougher local laws.
So Sarasota County will rush to put an emergency fertilizer law on the books one day before a state moratorium on such laws, county commissioners announced Wednesday.
County environmental experts are crafting the law, which is expected to contain several restrictions about fertilizer use, possibly including:
Requiring a buffer zone of up to 25 feet away from bodies of water.
Requiring the use of "slow-release" fertilizers, which take time to feed lawns, during the rainy season.
Requiring education, training and possibly county licenses for companies that apply fertilizer.
Requiring shields on fertilizer applicators that prevent overspraying.
Fertilizer use is a contentious issue in Florida because of the ongoing debate about how harmful the chemicals are to waterways.
Some scientists have linked fertilizer use to outbreaks of red tide.
Communities from Lee County to the Jacksonville area have spent a year or more crafting their own laws. Some localities, including St. Johns County and the city of Sanibel, already have their own fertilizer laws.
The proposed state law, introduced by the Florida Fertilizer & Agrichemical Association, would create a task force to craft a model fertilizer ordinance that local cities and counties could adopt.
That law also prohibits cities and counties from enacting their own laws between Tuesday and May 2, 2008.
That does not leave the county much time to act, said Commissioner Jon Thaxton.
"Our intent is to at least get an ordinance on the books that we can later amend or change as necessary," Thaxton said.
The proposed state law, submitted by Rep. Bryan Nelson, R-Orange County, is an attempt to prevent every city and county in the state from enacting its own, nuanced fertilizer law.
Fertilizer industry forces say it would be impossible for companies to comply with a different set of laws for every community in the state.
"If every city comes up with a different wrinkle ... this really isn't economically feasible for business," said Joel Jackson, spokesman for the Florida Golf Course Superintendents Associations.
The proposed state law is expected to go before the state House on Friday and the state Senate early next week. The legislative session is scheduled to end May 4.
It was unclear Wednesday if any other communities were preparing to pass emergency fertilizer laws.
The city of Sarasota and the town of Longboat Key are two of a handful of communities that are also crafting their own fertilizer laws. City of Sarasota Mayor Lou Ann Palmer said the city is unlikely to approve a fertilizer ordinance before June.
She called the state House bill "another example of legislators listening to the companies that have incredible lobbyists ... and not looking out for the best interests of their local governments in regards to controls over serious pollution issues."
Rep. Keith Fitzgerald, D-Sarasota County, said he will vote against the proposed state law because he believes the county deserves to craft its own law.
"I'm not sure that Tallahassee is quite as aware of the kind of things we have like problems with Sarasota Bay," Fitzgerald said. "The idea of setting a ceiling on how far we can go in water quality protection is just the wrong way to be going."