Defending Local Government Authority to Reduce Nutrient Pollution

Sierra Club of Florida is working in partnership with a coalition of other concerned organizations to protect the authority of local governments to adopt, amend, and/or implement strong ordinances that manage applications of fertilizer to residential and commercial turf grass lawns. To that end, Lead Organizer Michael McGrath recently attended the Florida Association of Counties annual Legislative Conference, conducted in Tampa from November 15-17. With assistance from Adventure Coast Vice-Chair Eugene Kelly, Michael alerted many of the local government officials in attendance of the legislature’s recent action that temporarily suspended their authority to enact or amend fertilizer ordinances and encouraged consideration of a model resolution, or other communications with their legislative delegation, to oppose any additional attempts at preemption. 

Nutrient pollution has degraded many of Florida’s rivers and lakes, and tainted the groundwater that is the source of flow for most of our springs. We see the evidence all around us in the form of algae blooms, fish kills, and large-scale loss of seagrasses and other aquatic vegetation. While the primary sources of the contamination may vary across watersheds, we know that the nitrogen and phosphorous in fertilizer is a significant contributor. So it defies reason that the Florida Legislature, during the concluding hours of the legislative session last April, chose to prevent local governments from being part of the solution to nutrient pollution by preempting their ability to adopt or amend fertilizer ordinances.

Hernando County is one of 18 county governments, and more than 100 municipalities, that have already adopted “strong” fertilizer ordinances. Strong ordinances are distinguished by a strict ban on applications of turf fertilizer during the rainy season. Research has confirmed that much of the fertilizer applied to residential lawns during the summer simply leaches into our groundwater or is washed into our rivers and lakes by the frequent rains. The Florida Department of Environmental Protection has designated the Weeki Wachee Spring and River system, Mud Spring, Bystre Lake, Neff Lake and others as “impaired” on the basis of nutrient pollution. Citrus County has not adopted a strong ordinance – yet! But like Hernando, Citrus is home to some well-known waterbodies, including Crystal River-Kings Bay and the Tsala Apopka marsh and lake system, that have been likewise designated as impaired by nutrient pollution. Citrus, and every other local government in Florida that has not already adopted a turf fertilizer ordinance, has been denied that authority while the current preemption remains in place.

The preemption was inserted into the final state budget at the behest of lawncare giant TruGreen and requires the Institute of Food and Agricultural Sciences to conduct a study to determine whether fertilizer ordinances are effective – despite extensive research that has already concluded the ordinances are effective and do not preclude homeowners from having healthy lawns. The only silver lining to this backward decision is that it expires after one year because of the backhanded way it was inserted into the budget, thereby avoiding any opportunities for debate or public comment. Given the legislature’s nefarious approach to enacting the preemption, and demonstrated antipathy towards the home rule authority of local governments, it is prudent to expect an attempt to make the preemption permanent, and maybe even retroactive, during the 2024 legislative session that will begin in January.

A model resolution opposing the preemption of local government authority to manage turf fertilizer applications within their jurisdictions has been developed by Sierra Club of Florida and is available for distribution to local government officials. It has already been submitted to Hernando County. Please remain alert for opportunities to assist us in this effort to protect existing fertilizer ordinances, promote the adoption of new ones, and oppose the continued erosion of home rule authority in Florida. Fertilizer ordinances may be the single most cost-effective approach to preventing nutrient pollution. Help protect Weeki Wachee Spring by protecting Hernando County’s strong fertilizer ordinance.