Florida 2022 Regular Session

Florida House Bill H0807 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 807 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to agricultural practices; providing 2
16	16	legislative findings and intent; amending s. 373.4595, 3
17	17	F.S.; revising the definition of the term "best 4
18	18	management practice"; amending s. 403.067, F.S.; 5
19	19	requiring, rather than authorizing, the Department of 6
20	20	Agriculture and Consumer Services to develop and adopt 7
21	21	rules for interim measures, best management practices, 8
22	22	or other measures to achieve certain levels of 9
23	23	pollution reduction statewide; requiring the 10
24	24	department to develop and adopt rules for guidelines 11
25	25	for providing financial assistance to parties 12
26	26	implementing such measures and practices; providing 13
27	27	that such financial assistance is exempt from certain 14
28	28	provisions; requiring the department to update the 15
29	29	rules within a specified timeframe; requiring 16
30	30	department rules to provide specified administrative 17
31	31	fines for failing to implement or comply with the 18
32	32	measures or practices ; providing an effective date. 19
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34	34	Be It Enacted by the Legislature of the State of Florida: 21
35	35	22
36	36	Section 1. The Legislature finds that interim measures, 23
37	37	best management practices, and other measures implemented 24
38	38	pursuant to ss. 373.4595 and 403.067, Florida Statutes, have 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	multifaceted benefits, including improvements in water quality, 26
52	52	water conservation, and climate resiliency. It is the intent of 27
53	53	the Legislature to recognize the benefits provided by these 28
54	54	practices and measures and to incentivize their implementation 29
55	55	through prioritization f rom the technical and financial 30
56	56	assistance provided by the Department of Agriculture and 31
57	57	Consumer Services, Department of Environmental Protection, and 32
58	58	water management districts. 33
59	59	Section 2. Paragraph (a) of subsection (2) of section 34
60	60	373.4595, Florida Statutes, is amended to read: 35
61	61	373.4595 Northern Everglades and Estuaries Protection 36
62	62	Program.— 37
63	63	(2) DEFINITIONS.—As used in this section, the term: 38
64	64	(a) "Best management practice" means a practice or 39
65	65	combination of practices determined by the coordinati ng 40
66	66	agencies, based on research, field -testing, and expert review, 41
67	67	to be the most effective and practicable on -location means, 42
68	68	including economic and technological considerations, for 43
69	69	improving water quality and conservation in agricultural and 44
70	70	urban discharges. Best management practices for agricultural 45
71	71	discharges must shall reflect a balance between water quality 46
72	72	improvements and agricultural productivity and must incentivize 47
73	73	increased climate resiliency in agricultural production . 48
74	74	Section 3. Paragraphs (c) and (d) of subsection (7) of 49
75	75	section 403.067, Florida Statutes, are amended to read: 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	403.067 Establishment and implementation of total maximum 51
89	89	daily loads.— 52
90	90	(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 53
91	91	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS .— 54
92	92	(c) Best management practices. — 55
93	93	1. The department, in cooperation with the water 56
94	94	management districts and other interested parties, as 57
95	95	appropriate, may develop suitable interim measures, best 58
96	96	management practices, or other measures necessary to achi eve the 59
97	97	level of pollution reduction established by the department for 60
98	98	nonagricultural nonpoint pollutant sources in allocations 61
99	99	developed pursuant to subsection (6) and this subsection. These 62
100	100	practices and measures may be adopted by rule by the department 63
101	101	and the water management districts and, where adopted by rule, 64
102	102	shall be implemented by those parties responsible for 65
103	103	nonagricultural nonpoint source pollution. 66
104	104	2. The Department of Agriculture and Consumer Services 67
105	105	shall may develop and adopt by rule pu rsuant to ss. 120.536(1) 68
106	106	and 120.54 suitable interim measures, best management practices, 69
107	107	or other measures necessary to achieve the level of pollution 70
108	108	reduction established by the department for agricultural 71
109	109	pollutant sources in allocations developed purs uant to 72
110	110	subsection (6) and this subsection or for programs implemented 73
111	111	pursuant to paragraph (12)(b). These practices and measures must 74
112	112	may be implemented by those parties responsible for agricultural 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	pollutant sources statewide, and the department, the wa ter 76
126	126	management districts, and the Department of Agriculture and 77
127	127	Consumer Services shall assist with implementation. In the 78
128	128	process of developing and adopting rules for interim measures, 79
129	129	best management practices, or other measures, the Department of 80
130	130	Agriculture and Consumer Services shall consult with the 81
131	131	department, the Department of Health, the water management 82
132	132	districts, representatives from affected farming groups, and 83
133	133	environmental group representatives. Such rules must also 84
134	134	incorporate provisions for a notice of intent to implement the 85
135	135	practices and a system to assure the implementation of the 86
136	136	practices, including site inspection and recordkeeping 87
137	137	requirements. The Department of Agriculture and Consumer 88
138	138	Services shall also develop and adopt rules to es tablish 89
139	139	guidelines for providing financial assistance to parties for 90
140	140	implementing interim measures, best management practices, or 91
141	141	other measures and shall consider economic feasibility in 92
142	142	developing the rules. Any financial assistance procured pursuant 93
143	143	to such rules is exempt from s. 287.057. The Department of 94
144	144	Agriculture and Consumer Services shall update rules adopted 95
145	145	pursuant to this subparagraph at least every 5 years or within a 96
146	146	year after the completion of the scientific and technical 97
147	147	research conducted pursuant to paragraph (f), including updates 98
148	148	to nutrient application rates for all agricultural soil 99
149	149	amendments. 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	3. When interim measures, best management practices, or 101
163	163	other measures are adopted by rule, the effectiveness of such 102
164	164	practices in achieving the levels of pollution reduction 103
165	165	established in allocations developed by the department pursuant 104
166	166	to subsection (6) and this subsection or in programs implemented 105
167	167	pursuant to paragraph (12)(b) must be verified at representative 106
168	168	sites by the department. The department shall use best 107
169	169	professional judgment in making the initial verification that 108
170	170	the best management practices are reasonably expected to be 109
171	171	effective and, when applicable, shall notify the appropriate 110
172	172	water management distri ct or the Department of Agriculture and 111
173	173	Consumer Services of its initial verification before the 112
174	174	adoption of a rule proposed pursuant to this paragraph. 113
175	175	Implementation, in accordance with rules adopted under this 114
176	176	paragraph, of practices that have been init ially verified to be 115
177	177	effective, or verified to be effective by monitoring at 116
178	178	representative sites, by the department, shall provide a 117
179	179	presumption of compliance with state water quality standards and 118
180	180	release from s. 376.307(5) for those pollutants addressed by the 119
181	181	practices, and the department is not authorized to institute 120
182	182	proceedings against the owner of the source of pollution to 121
183	183	recover costs or damages associated with the contamination of 122
184	184	surface water or groundwater caused by those pollutants. 123
185	185	Research projects funded by the department, a water management 124
186	186	district, or the Department of Agriculture and Consumer Services 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	to develop or demonstrate interim measures or best management 126
200	200	practices shall be granted a presumption of compliance with 127
201	201	state water quality standards and a release from s. 376.307(5). 128
202	202	The presumption of compliance and release is limited to the 129
203	203	research site and only for those pollutants addressed by the 130
204	204	interim measures or best management practices. Eligibility for 131
205	205	the presumption of com pliance and release is limited to research 132
206	206	projects on sites where the owner or operator of the research 133
207	207	site and the department, a water management district, or the 134
208	208	Department of Agriculture and Consumer Services have entered 135
209	209	into a contract or other agre ement that, at a minimum, specifies 136
210	210	the research objectives, the cost -share responsibilities of the 137
211	211	parties, and a schedule that details the beginning and ending 138
212	212	dates of the project. 139
213	213	4. When water quality problems are demonstrated, despite 140
214	214	the appropriate implementation, operation, and maintenance of 141
215	215	best management practices and other measures required by rules 142
216	216	adopted under this paragraph, the department, a water management 143
217	217	district, or the Department of Agriculture and Consumer 144
218	218	Services, in consultati on with the department, shall institute a 145
219	219	reevaluation of the best management practice or other measure. 146
220	220	If the reevaluation determines that the best management practice 147
221	221	or other measure requires modification, the department, a water 148
222	222	management district, o r the Department of Agriculture and 149
223	223	Consumer Services, as appropriate, shall revise the rule to 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	require implementation of the modified practice within a 151
237	237	reasonable time period as specified in the rule. 152
238	238	5. Subject to subparagraph 6., the Department of 153
239	239	Agriculture and Consumer Services shall provide to the 154
240	240	department information obtained pursuant to subparagraph (d)6. 155
241	241	(d)3. 156
242	242	6. Agricultural records relating to processes or methods 157
243	243	of production, costs of production, profits, or other financial 158
244	244	information held by the Department of Agriculture and Consumer 159
245	245	Services pursuant to subparagraphs 3., 4., and 5. or pursuant to 160
246	246	any rule adopted pursuant to subparagraph 2. are confidential 161
247	247	and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 162
248	248	Constitution. Upon request, records made confidential and exempt 163
249	249	pursuant to this subparagraph shall be released to the 164
250	250	department or any water management district provided that the 165
251	251	confidentiality specified by this subparagraph for such records 166
252	252	is maintained. 167
253	253	7. Subparagraphs 1. and 2. do not preclude the department 168
254	254	or water management district from requiring compliance with 169
255	255	water quality standards or with current best management practice 170
256	256	requirements in any applicable regulatory program authorized by 171
257	257	law for the purpose of protecting water quality. Additionally, 172
258	258	subparagraphs 1. and 2. are applicable only to the extent that 173
259	259	they do not conflict with any rules adopted by the department 174
260	260	that are necessary to maintain a federally delegated or approved 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	program. 176
274	274	(d) Enforcement and verification of basin management 177
275	275	action plans and management strategies. — 178
276	276	1. Basin management action plans are enforceable pursuant 179
277	277	to this section and ss. 403.121, 403.141, and 403.161. 180
278	278	Management strategies, including best management practic es and 181
279	279	water quality monitoring, are enforceable under this chapter. 182
280	280	2. No later than January 1, 2017: 183
281	281	a. The department, in consultation with the water 184
282	282	management districts and the Department of Agriculture and 185
283	283	Consumer Services, shall initiate rulemaking to adopt procedures 186
284	284	to verify implementation of water quality monitoring required in 187
285	285	lieu of implementation of best management practices or other 188
286	286	measures pursuant to sub -subparagraph (b)2.g. ; 189
287	287	3.b. The department, in consultation with the water 190
288	288	management districts and the Department of Agriculture and 191
289	289	Consumer Services, shall initiate rulemaking to adopt procedures 192
290	290	to verify implementation of nonagricultural interim measures, 193
291	291	best management practices, or othe r measures adopted by rule 194
292	292	pursuant to subparagraph (c)1. ; and 195
293	293	4.c. The Department of Agriculture and Consumer Services, 196
294	294	in consultation with the water management districts and the 197
295	295	department, shall initiate rulemaking to adopt procedures to 198
296	296	verify the proper implementation of agricultural interim 199
297	297	measures, best management practices, or other measures adopted 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	by rule pursuant to subparagraph (c)2. 201
311	311	5. The rules required under subparagraphs 2., 3., and 4. 202
312	312	must this subparagraph shall include enforcement p rocedures 203
313	313	applicable to the landowner, discharger, or other responsible 204
314	314	person required to implement applicable management strategies, 205
315	315	including best management practices or water quality monitoring 206
316	316	as a result of noncompliance. Rules adopted by the Depart ment of 207
317	317	Agriculture and Consumer Services regarding the implementation 208
318	318	of agricultural interim measures, best management practices, or 209
319	319	other measures pursuant to subparagraph (c)2. must include, 210
320	320	after notice and hearing, the imposition of an administrative 211
321	321	fine in the Class II category pursuant to s. 570.971 for any 212
322	322	failure to implement such measures or practices; failure to 213
323	323	cooperate with the Department of Agriculture and Consumer 214
324	324	Services to complete the required verification of proper 215
325	325	implementation; or failure to properly provide records required 216
326	326	as part of such verification. 217
327	327	6.3. At least every 2 years, the Department of Agriculture 218
328	328	and Consumer Services shall perform onsite inspections of each 219
329	329	agricultural producer that enrolls in a best management p ractice 220
330	330	to ensure that such practice is being properly implemented. Such 221
331	331	verification must include a collection and review of the best 222
332	332	management practice documentation from the previous 2 years 223
333	333	required by rules adopted pursuant to subparagraph (c)2., 224
334	334	including, but not limited to, nitrogen and phosphorus 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	fertilizer application records, which must be collected and 226
348	348	retained pursuant to subparagraphs (c)3., 4., and 6. The 227
349	349	Department of Agriculture and Consumer Services shall initially 228
350	350	prioritize the inspecti on of agricultural producers located in 229
351	351	the basin management action plans for Lake Okeechobee, the 230
352	352	Indian River Lagoon, the Caloosahatchee River and Estuary, and 231
353	353	Silver Springs. 232
354	354	Section 4. This act shall take effect July 1, 2022. 233