Exemptions

The provisions set forth above in sections 21-143 and 21-144 of this article shall not apply to:

(a)

Golf courses. For all golf courses, the provisions of the Florida Department of Environmental Protection (FDEP) document, "BMPs for the Enhancement of Environmental Quality on Florida Golf Courses, January 2007," are required and shall be followed when applying fertilizer to golf courses.

(b)

Specialized turf. Specialized turf managers are required to follow the Best Management Practices embodied in the "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries," December 2008.

(c)

Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14.

(d)

Fruit and vegetable gardens, owned by individual property owners or a community, provided that fertilizer application rates do not exceed UF IFAS recommendations per SP 103 Florida Vegetable Gardening Guide, December 2008.

(e)

Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.

(f)

Tree trunk injection fertilization treatments that are performed by a certified arborist.

(g)

Theme park or entertainment complex as defined in F.S. § 509.13 that: operates pursuant to a National Pollution Discharge Elimination System (NPDES) permit; complies with the requirements of the "Best Management Practices identified in the "Florida Friendly Best Management Practices for the Protection of Water Resources by the Green Industries," dated December 2008 and as revised or amended thereafter and whose applicators are certified pursuant to this article.

(h)

Retail or wholesale fertilizer sellers may sell products containing nitrogen and/or phosphorus to specialized turf managers, theme parks or entertainment complexes as defined in F.S. § 509.13 and (g) above or to operators of bona fide farms operations during the restricted period for use only on specialized turf, within theme parks or entertainment complexes, or for use at bona fide farm operations, respectively.

(Ord. No. 2011-74, § 1, 6-23-2011; Ord. No. 2012-48, § 1, 5-3-2012)