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