The Urban Turf Rule NEEDS YOU!

Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers, otherwise known as the Florida Urban Turf Rule, is the state rule that dictates the labeling requirements for lawn fertilizer products sold at the retail level.  FDACS (Florida Department of Agriculture and Consumer Services) has recently opened up the current Urban Turf Rule for modification.

The Urban Turf Rule in its current form is certainly in need of improvement; it sabotages the use of the most effective longer-term controlled-release Nitrogen products and allows for excessive application of Nitrogen and Phosphorous.  However, the current Urban Turf Rule is not all bad - it does not deter local governments from adopting strict urban fertilizer ordinances.

Rulemaking in Florida is determined by statute; it must involve a stakeholder negotiation process and must make it easier rather than harder for stakeholders to participate.  In as much, the environmental/conservation community would be remiss if we allowed the fertilizer, pest control and turf industries to take part in the rulemaking process without challenge.

We have two main concerns:  

1. We need to challenge and defeat any modifications to the rule that would negatively impact the ability of local governments to continue to adopt strong, protective fertilizer ordinances that include rainy season application bans, requirements for high percentage controlled-release Nitrogen, and annual application rate limits.

2. We need to improve the Urban Turf Rule to make it more protective of water quality. 

The Sierra Club has submitted information requests and comments related to the initially proposed modifications to the Rule and new proposed changes as well. 

For the current Rule and links to the proposed changes (go to "Workshop") click here.

Right now the major issues are:

Re:  Relevant research:  Modifications should be based on relevant research.

Re:  "Actively Growing":  The newly proposed table ((2) (b) 4. a. Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida Nitrogen Recommendations) currently includes the unacceptable, very subjective, definition of "actively growing" that could be interpreted by some to mean that the only time to fertilize turf is during the height of the rainy season.  What the revised Rule needs (by definition) is an appropriate, objective manner of stating clearly that dormant turf should not be fertilized.  The current Rule guideline table is preferable to the newly proposed table for other reasons as well.

Re:  Phosphorous application rates:  It is high time for Florida to go "No Phosphorous" (without a soil test proven deficiency).  

Re:  Application rate for quick-release Nitrogen:  It is also time to limit the per application rate of quick-release Nitrogen to .5 lb.; there is no research-based argument for remaining with the current Rule limit of .7 lb.

Re:  Application rates for controlled-release Nitrogen:  Care must be taken to allow for the use of higher percentage (longer extended) controlled-release Nitrogen (more pounds per application) in a way that does not allow too much of the quick-release Nitrogen (found in the controlled-release products) to be released in the first seven days.  

Re:  The adverse impact and/or regulatory costs incurred by the Rule changes: The statute related to the impact regulatory costs have on the rulemaking process can be found here.  In a nutshell, if the costs meet a certain limit then the rule change must be ratified by the legislature.  I am absolutely sure that all of the stakeholders have this fact on their minds and I believe this issue will be a significant part of the discussion as the workshops proceed.

Re:  Subsequent workshop dates and locations: A number of local governments and organizations, including the Sierra Club, have requested regionally-located workshops to make stakeholder involvement more accessible. The more requests FDACS receives, the more likely regional workshops will be.  Please send your own request to:

Weldon Collier

Program Planning Coordinator, Division of Agricultural Environmental Services 

Florida Department of Agriculture and Consumer Services

3125 Conner Boulevard, Tallahassee, FL 32399-1650

weldon.collier@freshfromflorida.com

Requests to be on the distribution list should also go to Mr. Collier.

The first rulemaking workshop, held in Tallahassee on May 28, was well-run and a full discussion of the issues was allowed.  I encourage all who share the Sierra Club's concerns to attend subsequent workshops. 

Please contact cris.costello@sierraclub.org for more information.

Sierra Club Brings Together Powerful Group of Stakeholders for First Electric Vehicle Collaborative

Electric vehicles present a critical opportunity to curb harmful air pollution that wreaks havoc on public health and our climate. Electrifying our transportation also reduces our dependence on dirty oil and lessens the need to drill for more extreme sources of fossil fuels, whether it is oil from the Gulf, tar sands in Canada, or  natural gas from the Everglades.

Electric vehicles are the cleanest cars around, even after taking into account the electricity needed to charge them. Even better yet, as we retire more coal plants and bring cleaner sources of power online, the emissions produced from charging an electric vehicle will drop even further. But as long as our highways and communities are dominated by gas stations rather than electric vehicle charging stations, we will never see the benefits of zero emission vehicles.  The need to prepare our cities and regional corridors for growing electric vehicle use is becoming more and more imperative.

Working together we can make that happen and collaboration is our key to success.

To drive this change, Sierra Club's Florida Healthy Air campaign is organizing a series of Electric Vehicle Collaborative stakeholder workshops.  The first workshop was held in Sarasota, FL on June 11, 2013.  Seventy-four members of the community attended the first workshop which was designed to identify local barriers to electric vehicle adoption. Participants ranged from local business owners, to EV drivers, to industry experts, to local government officials, to those that would just like to see an oil-free community with cleaner air to breathe.

The evening began with a networking happy hour which provided attendees a chance to meet and mingle.  After happy hour, the collaborative workshop convened with a presentation by Florida Healthy Air campaign organizer Britten Cleveland, who outlined the vision and objectives of the Electric Vehicle Collaborative process. During the presentation, several U.S. cities that are considered ahead of the curve in terms of EV community readiness were spotlighted to set the stage for the work ahead.

The real fun began when the 74 participants broke into 8 discussion groups, each focusing on one question that solicited input with regards to the barriers to electric vehicle adoption. Questions like: "what are the cost concerns that inhibit EV adoption?" and "what are your perceptions associated with charging a plug in electric vehicle in a public place that may be inhibiting greater EV adoption?" were asked at each of the tables. Three rounds of discussion were held so each participant visited three different discussion groups and brainstormed for 20 minutes at each table.  The results were outstanding.  Thanks to the enthusiasm and engagement from our stakeholders, we now have a solid framework to work with in solving local challenges to EV adoption.

The most thrilling moment came at the end of the 3-hour workshop when we asked participants in the still-packed room how many would come back in July for the next session to brainstorm local solutions to the problems they identified.  Every single person rapidly and enthusiastically raised their hands to say they would be back.

The next workshop in Sarasota will be held in July and will focus on brainstorming local opportunities to overcome the barriers to EV adoption that were identified in the first meeting.  The end result will be a list of tangible community action steps that members of newly formed action teams will bring forth to the community and to decision-makers to fulfill our goal of making the Sarasota region a leader in EV adoption and integration.  The Sierra Club’s Electric Vehicle Collaborative model will be duplicated in other parts of Florida later this year.  Next up: Tampa-Saint Petersburg and then Orlando.

To learn more about the Sierra Club’s Florida Healthy Air Campaign and the Electric Vehicle Collaborative, visit our Facebook page.

Sierra Club & Earthjustice Challenge State Plan to Approve Illegal Toxic Pollution from Crystal River & Lansing Smith Coal-Fired Power Plants

FOR IMMEDIATE RELEASE:

St. Petersburg, FL - The Sierra Club and Earthjustice have asked the State of Florida to significantly strengthen its plan to address sulfur dioxide pollution coming from two of the state’s oldest and dirtiest coal-fired power plants. The Lansing Smith plant, owned by Gulf Power in Panama City, and the Crystal River plant, owned by Duke Energy Progress near Tampa-St. Petersburg, are both allowed to emit sulfur dioxide, a dangerous gas that causes asthma attacks, at levels that exceed federal clean air health standards. The state needs to do more to protect the health of people living in Panama City and the Tampa-St. Petersburg metro area.

“In Florida, we know how painful a sunburn is. When a person breathes in the dangerously high levels of pollution coming from the Lansing Smith or Crystal River coal plants, it is like a sunburn on your lungs,” said Frank Jackalone, Sierra Club’s Florida staff director. “When parents take their kids to the beach for the weekend, they put on sunscreen to protect against sunburns, but they can’t protect against this harmful sulfur dioxide pollution coming from these coal-fired power plants. That’s the state’s job, and we need Florida to do its job to protect our children and communities.”

Currently, the Florida Department of Environmental Protection (FDEP) plan does not meet requirements to limit sulfur dioxide pollution and protect Floridians’ health. Failing to design a plan that meets the standards of the Clean Air Act could trigger costly lawsuits or the need for the United States Environmental Protection Agency to step in and ensure Florida residents are being protected from harmful pollution.

“Sulfur dioxide pollution triggers asthma attacks and heart attacks, and even five minutes of exposure can do real damage to sensitive populations, like young children and the elderly,” said Rudy Scheffer, vice chairman of Sierra Club Florida. “It’s unacceptable for the state to finalize a plan that ignores the facts and takes no real steps to reduce the toxic pollution that is so harmful to Floridians. We’re stepping in now to tell the state of Florida: don’t pass the buck on clean air.”

“In a state known for its beauty and outdoor recreational opportunities, Florida’s children should be able to play outside in air that doesn’t harm them. It’s time to bring these old, polluting, power plants up to modern standards,” added Alisa Coe, an attorney with Earthjustice who works on clean air issues in Florida.

More than 1,700 Sierra Club members and supporters signed an online action alert asking the Department of Environmental Protection to significantly strengthen its proposed sulfur dioxide plan before putting it into effect. The state has recently finalized a separate but related set of air pollution standards that will result in some reductions of sulfur dioxide pollution, but these improvements will not take effect for several years, and do not guarantee safe air quality, leaving tourists and Florida’s most vulnerable residents at risk of serious illness.

Comments can be downloaded from: https://www.box.com/s/gsrpkkis8udo0y9h6fnk.

Sierra Club is America's largest and most influential grassroots environmental organization. Inspired by nature, we are 2.1 million of your friends and neighbors, working together to protect our communities and the planet. Read more at http://www.sierraclub.org.

Earthjustice is a non-profit public interest law organization dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. www.earthjustice.org.

###

CONTACT:

Jenna Garland, jenna.garland@sierraclub.org

Frank Jackalone, frank.jackalone@sierraclub.org

Alisa Coe, Earthjustice

Central Florida Action Alert: Demand strong fertilizer controls from Orlando City Council

City of Orlando Mayor Dyer has publicly stated that his city can be “the most sustainable city in the southeast part of the United States.”

Then why is the City Council poised to accept only the bare minimum protections against the excessive lawn fertilizer use that is poisoning Orlando's lakes, ponds, rivers and springs?  The slimy algae outbreaks that are all too prevalent in the city should not be the “green” for which Orlando is known.

This coming Monday, Orlando City Council will hold a public hearing to adopt the weakest lawn fertilizer ordinance in the state and you can help us make sure they change their minds.Strong fertilizer ordinances protect the people of Tampa, St. Pete, Naples and 40 other cities (and six counties) in the state against toxic algae that is fed by lawn fertilizer - we need to make sure the Orlando City Council protects its residents and visitors too.

If you live in or visit Orlando you can help right now:  Send the Mayor and Council Members a message demanding that they protect us from fertilizer pollution - they need to SEND THE ORDINANCE BACK TO DRAFTING TO MAKE IT STRONGER!  

Email addresses and phone numbers:

buddy.dyer@cityoforlando.net    407.246.2221

jim.gray@cityoforlando.net    407.246.2001

tony.ortiz@cityoforlando.net    407-246-2002

Robert.Stuart@cityoforlando.net    407-246-2003

patty.sheehan@cityoforlando.net    407-246-2004

Daisy.Lynum@cityoforlando.net    407-246-2005

Samuel.Ings@cityoforlando.net   407-246-2006

On Monday we need you to go the extra mile and come to the hearing at City Hall.

It's easy- all you need to do is show up - we will have stickers to wear to identify us. If you want to make your voice heard loud and clear by testifying in person on behalf of clean water for Orlando, we will have talking points to help you craft your statement!

WHEN: Monday, June 17th

TIME: 2 pm

WHERE: City Hall

2nd Floor

400 S. Orange Ave.

Orlando 32801

If you have any questions or want more information about fertilizer ordinances, please e-mail macy.zander@sierraclub.org or call (260) 450-4946.

Please join us!  We can't win without your support. 

Fertilize during the summer?
You might as well just go ahead and apply it right in the water!

An Everglades opportunity - going going, gone?

You’d be crazy to pass up a chance to secure hundreds of millions of federal dollars to restore the Everglades? But that’s just what South Florida water managers could end up doing if they don’t vote for a landmark federal restoration plan by next month.

After more than a half-century of carving up the central Everglades, the Feds have a ready-to-go plan to dismantle much of the infrastructure that has caused so much damage. The infamous Miami Canal and lamentable L-67 levees that have blocked the flow of water through the Everglades for decades will be breached so water can flow south underneath a planned 2.6 mile bridge over Tamiami Trail.

This is a complex subject, so we've turned it into dialog:

Uncle Sam: I have a plan to save the Everglades. Want me to do it?

Freddy the Alligator (water district's mascot) : Hmmm, let me think about it.

Uncle Sam: No seriously, the plan’s ready, but if you don’t act now we may have to wait another seven years. All I need is your tooth signature.

Freddy the Alligator: But I’m so comfortable where I am.

Uncle Sam: Where you are? You’re dying, man. This is the only thing that’ll save you. Do you really want to turn this down? This opportunity doesn’t come by every day. You’ve got a month to decide.

-----------------------

Can you help Freddy make the right decision?

A) Send an Email!

The South Florida Water Management District (SFWMD) Governing Board must vote at their July meeting to become the “local sponsor” or the Everglades restoration plan could
sink into the sawgrass.

1)      Copy and paste the emails of the Governing Board members in an email.

dokeefe@sfwmd.gov, kpowers@sfwmd.gov, fbarber@sfwmd.gov, sbatchel@sfwmd.gov, mhutchcraft@sfwmd.gov, jmoran@sfwmd.gov, jportuon@sfwmd.gov, tsargent@sfwmd.gov, gwaldman@sfwmd.gov, rwalker@sfwmd.gov, mmeeker@sfwmd.gov

2)      Copy and Paste this into the subject line: Don't pass up this opportunity to save the Everglades!

3)      Copy and paste this text :

Dear SFWMD Governing Board member:

We urgently ask you to release the Central Everglades Planning Project (CEPP) Project Implementation Report (PIR) for public review this month and vote to become the local sponsor at your July meeting.  This is a unique opportunity that must not be missed. The survival of the Everglades is in your hands.

Sincerely,

-------------------------

B) Speak out at the South Florida Water Management District's next meeting on June 13 in Key Biscayne!

When: Thursday, June, 13. Arrive between 9 a.m. and 9:30 a.m.

Where: Key Biscayne Village Council Chambers, 560 Crandon Blvd., Key Biscayne, FL 33149

What: Fill out a comment card. Ask the SFWMD Governing Board to officially approve the Central Everglades project by voting to be the “local sponsor” at their next meeting.  Failing to do so could push back restoration plans by almost a decade, eliminate the opportunity for hundreds of millions of dollars in federal funding and permanently imperil the Everglades.
Full meeting info: www.sfwmd.org

For more information contact, Jonathan Ullman, 305-860-9888, jonathan.ullman@sierraclub.org

The Central Everglades Restoration Plan - Source: http://www.evergladesplan.org/

-- Jonathan Ullman, South Florida/Everglades Senior Organizer

2013 Legislative Session Wrap-Up Report

This was an interesting session (as all of them are…).  Sierra Club was able to play defense pretty effectively, and we even got to make a few plays on offense.  As in previous years, we worked with our allies in Tallahassee’s environmental lobby, with you - the grass roots, and with local government officials who are accountable for their jurisdictions.

This is a session “wrap-up” report, but the fun doesn’t stop here.  The 2014 session is right around the corner.  Now is the perfect time to connect with legislators.  Visit their district offices and invite them to your events.  Meeting you personally and learning your stories will make a big difference next year. 

District office and contact information for Representatives is here: http://myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx

Senators, here: http://flsenate.gov/Senators/Find

One of the big changes this year was the number of bills we were able to improve through the amendment process.  In some cases when a bill that started out as one that we opposed, we were able to work with the sponsor and stakeholders to get it amended to a bill that we could support.  SB 948 by Sen. Grimsley was a clear example of this.  Sometimes when we couldn’t get to “yes” on a bill, we could at least get to “neutral.”

House Speaker Weatherford and Senate President Gaetz directed most of their focus to addressing some of the embarrassing 2012 election problems, ethics, an attempt to change state workers’ pensions, and of course, the budget.  But there was still plenty of legislation dealing with the environment.    Much of it had to do with water issues, state lands, and permitting, though there were also bills on growth management issues.  Renewable energy issues continue to be very difficult to get traction on.  Two energy bills passed this year, but many good ones died. 

Elections make a difference.  Democrats had over a third of the seats in each chamber this year which allowed them to block majority attempts to suspend the rules (which takes a two-thirds vote).  At the end of session in the House they also required a word for word reading of each bill which slowed things down a lot.  Delay can prevent bad bills from being heard.  This may have played into the final result on the fertilizer issue.  Yes, fertilizer was an issue – again – and is likely to be one next year as well.

In the Senate, President Gaetz gave chairmanships to five Democrats while Speaker Weatherford named all Republicans to chair House committees.

One of the big changes from the last election was that the Speaker designate for the 2015-16 term, Rep. Chris Dorworth, was defeated at the polls in the 2012 elections.  This meant the majority party had to choose a new successor to current Speaker Weatherford, and they chose Rep. Steve Crisafulli who represents part of Brevard County.  Barring a major shake-up in the next election, he will become Speaker in two years.

This wrap-up report covers our most important wins and losses on both bills and issues, and provides information on some of the bills we tracked throughout session.

Please go to the jump page (click "Read more >>" below) to see the full report which covers many bills of interest during the past session:

Milestone in Land Acquisition of Wildlife Corridor

Caloosahatchee River

On Thursday, May 16th, representatives from diverse environmental fields met in La Belle, FL to celebrate a milestone in land acquisition.

Numerous environmental groups, State and Federal biologists, and other interested parties attended the Interagency Florida Panther and Wetlands Conservation Forum on the Caloosahatchee River. The event celebrated the one year anniversary of the Lone Ranger Forge property acquisition, formerly known as the American Prime Property.

The Lone Ranger Forge property exemplifies the great conservational strides communities can make when working together. The land deal was a joint effort between The Nature Conservancy, Fish and Wildlife Service, the National Fish and Wildlife Foundation, among other groups. Their work has produced an essential step in creating wildlife corridors in Florida.

The property is 1,278 acres located on the Caloosahatchee River. Lone Ranger Forge is unique in that it abuts the only portion of the River that male Florida panthers will swim across to disperse north. Unfortunately, females do not swim at this location, which raises concerns about panther migration to the north of the River. Portions of the land will remain as ranch lands for cattle, a highly contiguous land management use with conservation, while other locations will receive wetland restoration. The property is an example of how multi-land uses can cohesively benefit conservation.

The line of trees, an old rail line, is the path that panthers follow to the river.

Fish and Wildlife Service announced at the forum that a new Panther Recovery Team is being established to address panther recovery. With the previous Team convening in 2008, current issues are in need of updating. The goals of the new Team will cover the following topics: Create a better inventory and monitoring system for population estimates; Develop range expansion opportunities and reintroductions outside of southwest Florida; Create a genetics management plan; Integrate private land holders for land management; Identify and  improve collision areas to reduce vehicular deaths; Review current recovery criteria to assess if goals can be reached; and, review the taxonomy of Florida panthers with updated data.

A look toward the future for panthers is welcome news, one that should improve the science and better facilitate the species recovery. As one of the rarest mammals in America, if not the world, the Florida panther's future will serve as a template for large predator recovery.

This is just one of many steps in creating a connected, wild Florida. Wildlife corridors are one of the most important conservation initiatives that will save species, as well as protect against the impacts of climate change. In connecting protected lands with corridors, species will have the opportunity to safely move throughout their habitat and expand into historic ranges previously denied to them by inhospitable terrain. Corridors also lessen the chances of panther-vehicle collision and interactions with humans. The concept of creating one contiguous corridor is a long way from finished, but the Lone Ranger Forge is an important milestone for Florida panthers.

More information from FWS can be found here.

Attendees of the Interagency Forum, representing diverse environmental interests.
(C) MyFWCMedia