§ 28-506. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Application or apply shall mean the actual physical treatment of turf or landscape plants with fertilizer for the purpose of supplying chemical components for healthy growth.

Applicator shall mean any person who applies fertilizer on turf and/or landscape plants.

Best management practices (BMPs) or green industry best management practices (GI-BMPs) shall mean 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 shall mean, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. Best management practices for Florida fertilizer application that are especially applicable to Hernando County are those developed and promulgated by the University of Florida Institute of Food and Agricultural Sciences (IFAS) and the Florida Department of Environmental Protection (FDEP) including, but not limited to, the most current version of FDEP's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries," and, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses."

Bank shall mean, in reference to a water body, the slope immediately bordering the normal expanse of water in the applicable body. The top-of-bank is the top of the slope.

Commercial fertilizer applicator or commercial fertilizer application shall mean any person, except as provided in section 482.1562(9), Florida Statutes, who applies fertilizer, or the act of applying fertilizer, for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator.

Fertilize, fertilizing or fertilization shall mean the application of fertilizer.

Fertilizer shall mean any substance that contains one (1) 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.

Fertilizer-free zone shall mean an area a minimum of ten (10) feet wide adjacent to any pond, stream, watercourse, lake, canal, or wetland as measured from the top-of-bank or the face of the seawall.

Heavy rain shall mean rainfall events that have occurred, are occurring, or are forecast as likely to occur within the ensuing twenty-four (24) hours with a total accumulation of two (2) inches or more for any portion of Hernando County.

Institutional applicator shall mean any person private, non-commercial, or a commercial fertilizer applicator who applies fertilizer for the purpose of maintaining turf and/or landscape plants to areas other than individual private residential properties. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands, governmental entities, utilities, schools, parks and golf courses, religious institutions, hospitals, community organizations, industrial or business sites and any residential areas maintained in condominium and/or common ownership. Institutional applicators that are also commercial fertilizer applicators must meet the applicable requirements of this article for commercial fertilizer applicators.

Landscape plant shall mean any native or exotic tree, shrub, or groundcover (excluding turf).

Limited certification for urban landscape commercial fertilizer application shall mean a certification issued by the Florida Department of Agriculture and Consumer Services to a commercial applicator that certifies successful completion of required training and testing in University of Florida IFAS Green Industry Best Management Practices (GI-BMPs) pursuant to the requirements of section 482.1562, Florida Statutes.

Prohibited application period shall mean the time period during which application of fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants is prohibited.

Saturated soil shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

Slow- or controlled-release fertilizer shall mean nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a referenced "rapidly available nutrient fertilizer" such as ammonium nitrate or urea.

Turf, sod or lawn shall mean a piece of grass-covered soil held together by the roots of the grass.

Urban landscape shall mean pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted or maintained with turf or landscape plants. For the purposes of this section, agriculture has the same meaning as in section 570.02, Florida Statutes.

(Ord. No. 2013-34, § I, 11-12-13)