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