ENROLLED
       2022 Legislature            CS for CS for SB 1000, 1st Engrossed
       
       
       
       
       
       
                                                             20221000er
    1  
    2         An act relating to nutrient application rates;
    3         amending s. 576.011, F.S.; defining the terms
    4         “certified professional” and “site-specific nutrient
    5         management”; amending s. 576.045, F.S.; providing
    6         legislative findings and intent; authorizing the use
    7         of site-specific nutrient management in specified
    8         circumstances; revising the authorized uses of
    9         specified funds; authorizing citrus producers to use
   10         written recommendations from certified professionals
   11         to tailor their recommended nutrient application rates
   12         under certain circumstances; requiring citrus
   13         producers to keep records regarding the determination
   14         that the published nutrient application rates are not
   15         appropriate and any recommendations for site-specific
   16         nutrient management for a specified period of time;
   17         requiring producers using site-specific nutrient
   18         management to enroll in and implement certain
   19         applicable best management practices; providing a
   20         presumption of compliance with certain requirements
   21         for producers using site-specific nutrient management;
   22         directing the University of Florida Institute of Food
   23         and Agricultural Sciences to analyze the use of site
   24         specific nutrient management for certain crops,
   25         develop a research plan and certain recommendations,
   26         and submit an annual report to the Governor and
   27         Legislature by a specified date; extending the
   28         expiration of certain provisions; amending s. 403.067,
   29         F.S.; conforming a provision to changes made by the
   30         act; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Present subsections (5) through (33) and (34)
   35  through (42) of section 576.011, Florida Statutes, are
   36  redesignated as subsections (6) through (34) and (36) through
   37  (44), respectively, and new subsections (5) and (35) are added
   38  to that section, to read:
   39         576.011 Definitions.—When used in this chapter, the term:
   40         (5)“Certified professional” means an individual who holds
   41  a certified crop adviser designation issued by the American
   42  Society of Agronomy, who has passed the society’s Southeast
   43  Region Certified Crop Adviser Exam, who holds a 4R Nutrient
   44  Management Specialty certification, and whose credentials have
   45  been verified by the society’s Florida Certified Crop Adviser
   46  Board.
   47         (35)“Site-specific nutrient management” means the
   48  application of nutrients in accordance with s. 576.045(4).
   49         Section 2. Section 576.045, Florida Statutes, is amended to
   50  read:
   51         576.045 Nitrogen and phosphorus; findings and intent; fees;
   52  purpose; best management practices; waiver of liability;
   53  compliance; rules; exclusions; expiration.—
   54         (1) FINDINGS AND INTENT.—
   55         (a) The Legislature finds that:
   56         1. Nitrogen and phosphorus residues have been found in
   57  groundwater, surface water, and drinking water in various areas
   58  throughout this the state at levels in excess of established
   59  water quality standards. The Legislature further finds that some
   60  fertilization-management practices could be a source of such
   61  contamination.
   62         2.Nutrient application rate recommendations are presently
   63  under review by the University of Florida Institute of Food and
   64  Agricultural Sciences so that they can reflect the latest
   65  methods of producing agricultural commodities and changes to
   66  nutrient application practices which are appropriate due to
   67  disease, new crop varieties, changes in United States Department
   68  of Agriculture Agricultural Marketing Service standards, growing
   69  techniques, and market conditions.
   70         3.To gain efficiency and be able to compete successfully
   71  with foreign producers that benefit from lower costs of
   72  production and favorable trade conditions, many producers in
   73  this state grow more product per acre, resulting in higher
   74  production at lower overall costs. This high-efficiency crop
   75  production requires nutrient application to be based on the
   76  intensity of production on a per-acre basis, rather than the
   77  lower per-acre production on which past research based its
   78  recommended nutrient application rate.
   79         4.Florida citrus faces challenges that include citrus
   80  greening, citrus canker, windstorms, a freeze in 2022 that
   81  resulted in the smallest citrus harvest since 1946, labor and
   82  supply chain shortages in 2022, and other events that result in
   83  the fruit not being harvested. In order to continue production
   84  of this state’s iconic crop, nutrient application rates must
   85  reflect fruit grown on the tree after the bloom during the
   86  growing season and not fruit ultimately harvested for market
   87  delivery.
   88         (b) It is the intent of the Legislature to:
   89         1. Improve fertilization-management practices as soon as
   90  practicable in a way that protects this the state’s water
   91  resources and preserves a viable agricultural industry. This
   92  goal is to be accomplished through research concerning best
   93  management practices and education and incentives for the
   94  agricultural industry and other major users of fertilizer.
   95         2.Accommodate continued citrus production without
   96  interruption as research to formally revise nutrient application
   97  rates is completed.
   98         3.Authorize the use of site-specific nutrient management
   99  for Florida citrus to adjust recommended nutrient application
  100  rates when site-specific nutrient management is supported by
  101  written recommendations from a certified professional and
  102  documented using production and field data that is retained for
  103  review during the best management practices implementation
  104  verification process.
  105         (2) FEES.—
  106         (a) In addition to the fees imposed under ss. 576.021 and
  107  576.041, the following supplemental fees shall be collected and
  108  paid by licensees for the sole purpose of implementing this
  109  section:
  110         1. One hundred dollars for each license to distribute
  111  fertilizer.
  112         2. One hundred dollars for each specialty fertilizer
  113  registration.
  114         3. Fifty cents per ton for all fertilizer that contains
  115  nitrogen or phosphorus and that is sold in this state.
  116         (b) All fees paid to the department under this section are
  117  due and payable at the same time and in the same manner as the
  118  fees specified in ss. 576.021 and 576.041 and are subject to all
  119  provisions contained in those sections.
  120         (c) All fees paid under this section must be deposited into
  121  the General Inspection Trust Fund and are exempt from the
  122  provisions of s. 215.20. These funds are to be appropriated
  123  annually to the department and allocated according to a
  124  memorandum of understanding between the department and the
  125  Department of Environmental Protection. The allocation of
  126  indirect costs to these funds by any state agency is
  127  specifically prohibited.
  128         (3) USE OF FUNDS PURPOSE.—The funds collected pursuant to
  129  subsection (2) must be used by the department for:
  130         (a) Research, development, demonstration, and
  131  implementation of suitable interim measures, best management
  132  practices, or other measures used to achieve state water quality
  133  standards for nitrogen and phosphorus criteria, including site
  134  specific nutrient management. Implementation of interim
  135  measures, best management practices, and other measures may
  136  include cost-sharing grants, technical assistance,
  137  implementation tracking, and conservation leases or other
  138  agreements for water quality improvement.
  139         (b) Completing the analysis, research plan and
  140  recommendations, and report required under paragraph (4)(b).
  141         (c) Approving, adopting, publishing, and distributing
  142  interim measures, best management practices, or other measures.
  143  In the process of developing, approving, and adopting interim
  144  measures, best management practices, or other measures, the
  145  department shall consult with the Department of Environmental
  146  Protection, the Department of Health, the water management
  147  districts, environmental groups, the fertilizer industry, and
  148  representatives from the affected farming groups.
  149         (d)(c) Reimbursing the Department of Environmental
  150  Protection for costs incurred which are associated with:
  151         1. Monitoring and verifying the effectiveness of the
  152  interim measures, best management practices, or other measures
  153  approved and adopted under subsection (7) (6) at representative
  154  sites. The Department of Environmental Protection shall use its
  155  best professional judgment in making the initial determination
  156  of the effectiveness of the interim measures, best management
  157  practices, or other measures.
  158         2. Sampling, analysis, and restoration of potable water
  159  supplies, pursuant to s. 376.307, found to contain levels of
  160  nitrate in excess of state water quality standards, which excess
  161  is determined to be the result of the application of fertilizers
  162  or other soil-applied nutritional materials containing nitrogen.
  163  
  164  This subsection must be implemented through a memorandum of
  165  understanding between the department and the Department of
  166  Environmental Protection.
  167         (4) SITE-SPECIFIC NUTRIENT MANAGEMENT.—
  168         (a)The use of site-specific nutrient management to tailor
  169  recommended nutrient application rates is authorized for citrus
  170  crops where site-specific nutrient management is supported by a
  171  certified professional.
  172         1.When recommended nutrient application rates published by
  173  the Institute of Food and Agricultural Sciences at the
  174  University of Florida or other state universities and Florida
  175  College System institutions that have agricultural research
  176  programs are not appropriate for a specific producer due to soil
  177  conditions, disease, crop varieties, subsequent crop rotations,
  178  planting density, market requirements, or site-specific
  179  conditions, written recommendations from a certified
  180  professional may be used to tailor the recommended nutrient
  181  application rates for that producer. The determination that the
  182  published nutrient application rates are not appropriate and the
  183  recommendation for the tailoring of nutrient application rates
  184  must be documented with one or more of the following records, as
  185  appropriate: soil tests, plant tissue tests, pathology reports,
  186  yield response curves, growth records, or site-specific
  187  conditions, together with records specifying the application
  188  rate, the types or forms of nutrients used, the nutrient sources
  189  used, and the placement and timing of the nutrient sources. A
  190  producer must retain the records for 5 years to support the use
  191  of site-specific nutrient management.
  192         2.Citrus producers using site-specific nutrient management
  193  must be enrolled in and implementing all other best management
  194  practices adopted by the department and identified in the
  195  enrolled notice of intent required under subsections (5) and (6)
  196  and s. 403.067(7)(c).
  197         3.Notwithstanding any other law, citrus producers
  198  implementing site-specific nutrient management in compliance
  199  with this section are provided a presumption of compliance with
  200  state water quality standards, may rely on the waiver of
  201  liability in subsection (5), and may be deemed to be in
  202  compliance with s. 403.067(7)(c) and subsections (5) and (6).
  203         (b)The University of Florida Institute of Food and
  204  Agricultural Sciences shall analyze the use of site-specific
  205  nutrient management for crops other than citrus and crop
  206  rotations, develop a research plan and interim recommendations
  207  for implementation of site-specific nutrient management, and
  208  submit an annual report to the Governor, the President of the
  209  Senate, and the Speaker of the House of Representatives by June
  210  30 of each year, beginning in 2023.
  211         (5) WAIVER OF LIABILITY.—Notwithstanding any other
  212  provision of law, the Department of Environmental Protection may
  213  not is not authorized to institute proceedings against any
  214  person or the Federal Government under the provisions of s.
  215  376.307(5) to recover any costs or damages associated with
  216  nitrogen or phosphorus contamination of groundwater or surface
  217  water, or the evaluation, assessment, or remediation of such
  218  contamination of groundwater or surface water, including
  219  sampling, analysis, and restoration of potable water supplies,
  220  where the contamination of groundwater or surface water is
  221  determined to be the result of the application of fertilizers or
  222  other soil-applied nutritional materials containing nitrogen or
  223  phosphorus, provided the property owner or leaseholder:
  224         (a)1. Provides the department with a notice of intent to
  225  implement applicable interim measures, best management
  226  practices, or other measures adopted by the department which
  227  practices or measures have been verified by the Department of
  228  Environmental Protection to be effective; and
  229         2. Implements applicable interim measures, best management
  230  practices, or other measures as soon as practicable according to
  231  rules adopted by the department or no longer applies fertilizers
  232  or other soil-applied nutritional materials containing nitrogen
  233  or phosphorus; or
  234         (b) No longer applies fertilizers or other soil-applied
  235  nutritional materials containing nitrogen or phosphorus as of
  236  the effective date of this section.
  237         (6)(5) COMPLIANCE.—If the property owner or leaseholder
  238  implements interim measures, best management practices, or other
  239  measures adopted by the department which practices or measures
  240  have been verified by the Department of Environmental Protection
  241  to be effective, and complies with the following, there is a
  242  presumption of compliance with state water quality standards for
  243  such criteria under this section and s. 403.067(7)(c) with
  244  respect to the application of fertilizers or other soil-applied
  245  nutritional materials containing nitrogen or phosphorus:
  246         (a)1. Provides the department with a notice of intent to
  247  implement applicable interim measures, best management
  248  practices, or other measures adopted by the department; and
  249         2. Implements applicable interim measures, best management
  250  practices, or other measures as soon as practicable according to
  251  rules adopted by the department or no longer applies fertilizers
  252  or other soil-applied nutritional materials containing nitrogen
  253  or phosphorus; or
  254         (b) No longer applies fertilizers or other soil-applied
  255  nutritional materials containing nitrogen or phosphorus as of
  256  the effective date of this section.
  257         (7)(6) RULEMAKING.—The department, in consultation with the
  258  Department of Environmental Protection, the Department of
  259  Health, the water management districts, environmental groups,
  260  the fertilizer industry, and representatives from the affected
  261  farming groups, shall adopt rules to:
  262         (a) Specify the requirements of interim measures, best
  263  management practices, or other measures to be implemented by
  264  property owners and leaseholders.
  265         (b) Establish procedures for property owners and
  266  leaseholders to submit the notice of intent to implement and
  267  comply with interim measures, best management practices, or
  268  other measures.
  269         (c) Establish schedules for implementation of interim
  270  measures, best management practices, or other measures.
  271         (d) Establish a system to assure the implementation of best
  272  management practices, including recordkeeping requirements.
  273         (8)(7) OTHER PROVISIONS.—
  274         (a) This section does not limit the authority of the
  275  Department of Environmental Protection to regulate discharges
  276  associated with the commercial feeding of livestock and poultry
  277  defined in chapter 585, including that of dairy farm and egg
  278  production operations, or the disposal of sludge, residuals, or
  279  septage. This paragraph does not grant additional authority to
  280  regulate these discharges.
  281         (b) This section does not limit federally delegated
  282  regulatory authority.
  283         (c) The Department of Environmental Protection may adopt
  284  rules to establish criteria for dairy farms which provide
  285  reasonable assurance that state nitrate groundwater quality
  286  standards will not be violated and which, provided such criteria
  287  are met, shall prohibit the Department of Environmental
  288  Protection from instituting proceedings against any dairy farmer
  289  under the provisions of s. 376.307(5) and shall provide a
  290  presumption of compliance with safe nitrate groundwater quality
  291  standards.
  292         (d) This section, except for subsection (2), does not apply
  293  to the manufacture, mixing, or blending of fertilizer, including
  294  fertilizer containing sludge, residuals, or septage.
  295         (9)(8) EXPIRATION OF PROVISIONS.—Subsection (4) expires on
  296  June 30, 2026. Subsections (1), (2), (3), (5) (4), and (7) (6)
  297  expire on December 31, 2032 2022. Subsections (6) (5) and (8)
  298  (7) expire on December 31, 2037 2027.
  299         Section 3. Paragraph (c) of subsection (7) of section
  300  403.067, Florida Statutes, is amended to read:
  301         403.067 Establishment and implementation of total maximum
  302  daily loads.—
  303         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  304  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  305         (c) Best management practices.—
  306         1. The department, in cooperation with the water management
  307  districts and other interested parties, as appropriate, may
  308  develop suitable interim measures, best management practices, or
  309  other measures necessary to achieve the level of pollution
  310  reduction established by the department for nonagricultural
  311  nonpoint pollutant sources in allocations developed pursuant to
  312  subsection (6) and this subsection. These practices and measures
  313  may be adopted by rule by the department and the water
  314  management districts and, where adopted by rule, shall be
  315  implemented by those parties responsible for nonagricultural
  316  nonpoint source pollution.
  317         2. The Department of Agriculture and Consumer Services may
  318  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  319  suitable interim measures, best management practices, or other
  320  measures necessary to achieve the level of pollution reduction
  321  established by the department for agricultural pollutant sources
  322  in allocations developed pursuant to subsection (6) and this
  323  subsection or for programs implemented pursuant to paragraph
  324  (12)(b). These practices and measures may be implemented by
  325  those parties responsible for agricultural pollutant sources,
  326  and the department, the water management districts, and the
  327  Department of Agriculture and Consumer Services shall assist
  328  with implementation. In the process of developing and adopting
  329  rules for interim measures, best management practices, or other
  330  measures, the Department of Agriculture and Consumer Services
  331  shall consult with the department, the Department of Health, the
  332  water management districts, representatives from affected
  333  farming groups, and environmental group representatives. Such
  334  rules must also incorporate provisions for a notice of intent to
  335  implement the practices and a system to assure the
  336  implementation of the practices, including site inspection and
  337  recordkeeping requirements.
  338         3. When interim measures, best management practices, or
  339  other measures are adopted by rule, the effectiveness of such
  340  practices in achieving the levels of pollution reduction
  341  established in allocations developed by the department pursuant
  342  to subsection (6) and this subsection or in programs implemented
  343  pursuant to paragraph (12)(b) must be verified at representative
  344  sites by the department. The department shall use its best
  345  professional judgment in making the initial verification that
  346  the best management practices are reasonably expected to be
  347  effective and, when applicable, shall notify the appropriate
  348  water management district or the Department of Agriculture and
  349  Consumer Services of its initial verification before the
  350  adoption of a rule proposed pursuant to this paragraph.
  351  Implementation, in accordance with rules adopted under this
  352  paragraph, of practices that have been initially verified to be
  353  effective, or verified to be effective by monitoring at
  354  representative sites, by the department, or are authorized by s.
  355  576.045, shall provide a presumption of compliance with state
  356  water quality standards and release from s. 376.307(5) for those
  357  pollutants addressed by the practices, and the department is not
  358  authorized to institute proceedings against the owner of the
  359  source of pollution to recover costs or damages associated with
  360  the contamination of surface water or groundwater caused by
  361  those pollutants. Research projects funded by the department, a
  362  water management district, or the Department of Agriculture and
  363  Consumer Services to develop or demonstrate interim measures or
  364  best management practices shall be granted a presumption of
  365  compliance with state water quality standards and a release from
  366  s. 376.307(5). The presumption of compliance and release is
  367  limited to the research site and only for those pollutants
  368  addressed by the interim measures or best management practices.
  369  Eligibility for the presumption of compliance and release is
  370  limited to research projects on sites where the owner or
  371  operator of the research site and the department, a water
  372  management district, or the Department of Agriculture and
  373  Consumer Services have entered into a contract or other
  374  agreement that, at a minimum, specifies the research objectives,
  375  the cost-share responsibilities of the parties, and a schedule
  376  that details the beginning and ending dates of the project.
  377         4. When water quality problems are demonstrated, despite
  378  the appropriate implementation, operation, and maintenance of
  379  best management practices and other measures required by rules
  380  adopted under this paragraph, the department, a water management
  381  district, or the Department of Agriculture and Consumer
  382  Services, in consultation with the department, shall institute a
  383  reevaluation of the best management practice or other measure.
  384  If the reevaluation determines that the best management practice
  385  or other measure requires modification, the department, a water
  386  management district, or the Department of Agriculture and
  387  Consumer Services, as appropriate, shall revise the rule to
  388  require implementation of the modified practice within a
  389  reasonable time period as specified in the rule.
  390         5. Subject to subparagraph 6., the Department of
  391  Agriculture and Consumer Services shall provide to the
  392  department information obtained pursuant to subparagraph (d)3.
  393         6. Agricultural records relating to processes or methods of
  394  production, costs of production, profits, or other financial
  395  information held by the Department of Agriculture and Consumer
  396  Services pursuant to subparagraphs 3., 4., and 5. or pursuant to
  397  any rule adopted pursuant to subparagraph 2. are confidential
  398  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  399  Constitution. Upon request, records made confidential and exempt
  400  pursuant to this subparagraph shall be released to the
  401  department or any water management district provided that the
  402  confidentiality specified by this subparagraph for such records
  403  is maintained.
  404         7. Subparagraphs 1. and 2. do not preclude the department
  405  or water management district from requiring compliance with
  406  water quality standards or with current best management practice
  407  requirements in any applicable regulatory program authorized by
  408  law for the purpose of protecting water quality. Additionally,
  409  subparagraphs 1. and 2. are applicable only to the extent that
  410  they do not conflict with any rules adopted by the department
  411  that are necessary to maintain a federally delegated or approved
  412  program.
  413         Section 4. This act shall take effect July 1, 2022.