This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1291d.SAC
DATE: 2/21/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1291 Nutrient Application Rates
SPONSOR(S): Environment, Agriculture & Flooding Subcommittee, McClure
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1000
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding
Subcommittee
14 Y, 4 N, As CS Mamontoff Moore
2) Appropriations Committee 22 Y, 1 N White Pridgeon
3) State Affairs Committee Mamontoff Williamson
SUMMARY ANALYSIS
Agricultural best management practices (BMPs) are practical measures that agricultural producers can take to
reduce the amount of fertilizers, pesticides, animal waste, and other pollutants entering the state’s water
resources. BMPs are designed to improve water quality while maintaining agricultural production. Current law
requires agricultural producers to reduce their impacts to water quality through the implementation of
applicable BMPs adopted by the Department of Agriculture and Consumer Services (DACS). The University of
Florida’s Institute of Food and Agricultural Sciences (UF/IFAS) is heavily involved in the adoption and
implementation of BMPs and provides recommendations for nutrient application rates to DACS that focus on
production yield and profit.
The bill authorizes citrus producers to use site-specific nutrient management, which is the application of
nutrients at a different rate than the published nutrient application rates under certain circumstances. The bill
authorizes the use of site-specific nutrient management when recommended nutrient application rates
published by UF/IFAS or other post-secondary institutions with agricultural research programs are not
appropriate for a specific producer due to soil conditions, disease, crop varieties, subsequent crop rotations,
planting density, market requirements, or site-specific conditions. The use of site-specific nutrient management
is authorized only when a certified professional makes a written determination that the published nutrient
application rates are not appropriate for the specific producer.
The bill requires citrus producers that utilize site-specific nutrient management to enroll in and implement all
other BMPs adopted by DACS and identified in the notice of intent required for enrollment.
The bill directs UF/IFAS to analyze site-specific nutrient management for crops other than citrus and crop
rotations, develop a research plan and interim recommendations for implementation of site-specific nutrient
management, and submit a report to the Governor and Legislature by December 31, 2022.
The bill provides an expiration date of December 31, 2027, for the provision authorizing the use of site-specific
nutrient management by citrus producers, and extends the expiration dates for several other statutory
provisions related to fertilization management, which are currently scheduled to expire on December 31, 2022,
to December 31, 2027.
The bill may have a positive fiscal impact on the state, but does not have a fiscal impact on local governments.
STORAGE NAME: h1291d.SAC PAGE: 2
DATE: 2/21/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Agricultural Best Management Practices
Agricultural best management practices (BMPs) are practical measures that agricultural producers can
take to reduce the amount of fertilizers, pesticides, animal waste, and other pollutants entering the
state’s water resources.
1
BMPs are designed to improve water quality while maintaining agricultural
production.
2
Categories of BMPs include:
Nutrient management to determine nutrient needs and sources and manage nutrient
applications (including manure) to minimize impacts to water resources.
Irrigation management to address the method and scheduling of irrigation to reduce water and
nutrient losses to the environment.
Water resource protection using buffers, setbacks, and swales to reduce or prevent the
transport of sediments and nutrients from production areas to waterbodies.
3
The Department of Agriculture and Consumer Services (DACS) develops and adopts BMPs by rule for
different types of agricultural commodities.
4
Existing law provides for agricultural producers to reduce
the impacts to water quality through the implementation of applicable BMPs adopted by DACS.
5
The Department of Environmental Protection (DEP) develops total maximum daily loads (TMDLs) for
waterbodies that have been found to be impaired.
6
The TMDL is a determination of the maximum
amount of a pollutant (such as a nutrient) that a waterbody can receive and still meet the water quality
standards that protect human health and aquatic life.
7
To implement a TMDL, DEP establishes basin management action plans (BMAPs), which identify all
known contributors of the pollutant within a BMAP and assign load reductions for the pollutant. A BMAP
also identifies strategies to address the pollutant reductions required to achieve the TMDL.
8
“Nonpoint source” contributors (sources where one cannot point at an actual discharge point), like
agriculture, are responsible for implementing rule-adopted BMPs to help achieve water quality
standards within BMAPs.
9
Therefore, any agricultural producers within a BMAP area must either enroll
in DACS’ BMP program and properly implement applicable BMPs, or conduct water quality monitoring
prescribed by DEP or the water management district to show that they are meeting state water quality
standards. The latter can be very expensive.
10
1
University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS), Agricultural Best Management Practices –
About BMPs, https://bmp.ifas.ufl.edu/about-bmps/ (last visited Jan. 21, 2022); see also s. 576.011(2), F.S. (defining “best
management practices” as practices or combinations of practices determined by research or field testing in representative
sites to be the most effective and practicable methods of fertilization designed to meet nitrate groundwater quality
standards, including economic and technological considerations).
2
Id.
3
Id.
4
DACS, Agricultural Best Management Practices, https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-
Management-Practices (last visited Jan. 24, 2022).
5
Id.; see also s. 576.045, F.S.
6
DACS, Agricultural Best Management Practices, https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-
Management-Practices (last visited Jan. 24, 2022).
7
Id.
8
Id.
9
Id.
10
UF/IFAS, Agricultural Best Management Practices – About BMPs, http://bmp.ifas.ufl.edu/about-bmps/ (last visited Jan
21, 2022). STORAGE NAME: h1291d.SAC PAGE: 3
DATE: 2/21/2022
To enroll in the BMP program, agricultural producers must meet with DACS’s Office of Agricultural
Water Policy (OAWP) and submit a notice of intent to implement the BMPs.
11
These producers are then
subject to inspection and recordkeeping requirements.
12
After verification by DEP, producers
implementing BMPs receive a presumption of compliance with state water quality standards for the
pollutants addressed by the BMPs, and those who enroll become eligible for technical assistance and
cost-share funding for BMP implementation.
13
According to the DACS annual report on BMPs,
approximately 62 percent of agricultural acreage in the state is already enrolled in the BMP program.
14
The University of Florida’s Institute of Food and Agricultural Sciences (UF/IFAS) is heavily involved in
the adoption and implementation of BMPs.
15
UF/IFAS provides expertise to DACS and agricultural
producers, conducts research to issue recommendations for improvements, and issues training
certificates for BMPs that require licenses.
DACS is required to perform onsite inspections of agricultural producers enrolled in BMPs at least
every two years to ensure that BMPS are being properly implemented.
16
DACS is also required to
collect and retain nutrient application records and provide these records to DEP.
17
Nutrient Management
Since the BMP program was implemented in 1999, DACS has adopted and incorporated by reference
the following 10 BMP manuals that cover all major agricultural commodities in Florida:
Citrus
18
Cow/Calf
19
Dairy
20
Equine
21
Nurseries
22
Poultry
23
11
Section 403.067(7)(c)2., F.S.; see Fla. Admin. Code R. 5M-8.002, 5M-8.004, 5M-8.006.
12
Section 403.067(7)(c)2., F.S.; see Fla. Admin. Code R. 5M-8.006.
13
Section 403.067(7)(c)3., F.S.
14
DACS Office of Agricultural Water Policy (OAWP), Status of Implementation of Agricultural nonpoint Source Best
Management Practices, 2 (July 1, 2021), available at
https://www.fdacs.gov/ezs3downlaod/downlaod/98328/2665697/Media/Files/Agricultural-Water-Policy-Files/BMP-
Implementation/2021-status-of-bmp-implementation-report.pdf (last visited Jan 24, 2022).
15
UF/IFAS, Agricultural Best Management Practices – About BMPs, http://bmp.ifas.ufl.edu/about-bmps/ (last visited Jan
21, 2022).
16
Section 403.067(7)(d)3., F.S.
17
Id
18
Fla. Admin. Code R. 5M-16.001; DACS, Water Quality/Quantity Best Practices for Citrus (2012 Edition), DACS-P-
01756, available at https://www.fdacs.gov/ezs3download/download/25410/516289/Bmp_FloridaCitrus2012.pdf (last
visited Jan 24, 2022).
19
Fla. Admin. Code R. 5M-11.002; DACS, Water Quality/Quantity Best Practices for Florida Cow/Calf Operations (2008
Edition), DACS P-01280, available at
https://www.fdacs.gov/ezs3download/downlaod/64582/1525731/Media?Files/Agricultural-W ater-Policy-Files/Best-
Management-Practices/dairyBMPFinal.pdf (last visited Jan. 24, 2022).
20
Fla. Admin. Code R. 5M-17.001; DACS, Water Quality/Quantity Best Practices for Florida Dairy Operations (2015
Edition), FDACS-P-02008, available at
https://www.fdacs.gov/ezs3download/download64582/1525731/Media/Files/Agricultural-Water-Policy-Files/Best-
Management-Practices/dairyBMPFianlpdf (last visited Jan. 24, 2022).
21
Fla. Admin. Code R. 5M-14.002; DACS, Water Quality/Quantity Best Management Practices for Florida Equine
Operations (2011 Edition), DACS P-01531, available at https://www.fdacs.gov/content/downlaod/30687/file/equineBMP-
lores.pdf (last visited Jan. 24, 2022).
22
Fla. Admin. Code R. 5M-6.002; DACS, Water Quality/Quantity Best Management Practices for Florida Nurseries (2014
Edition), DACS-P-01267, available at https://www.fdacs.gov/content/download/37570/file/nurseryBMP-lores.pdf (last
visited Jan. 24, 2022).
23
Fla. Admin. Code R. 5M-19.001; DACS, Water Quality/Quantity Best Management Practices for Florida Poultry
Operations (2016 Edition), FDACS-P-02052, available at
https://www.fdacs.gov/content/download/71304/file/Poultry%20BMP%20Manual.pdf (last visited Jan. 24, 2022). STORAGE NAME: h1291d.SAC PAGE: 4
DATE: 2/21/2022
Sod
24
Specialty Fruit and Nut Crops
25
Vegetable and Agronomic Crops
26
Wildlife (state Imperiled Species)
27
With only one exception (Wildlife/State Imperiled Species), all of these BMP manuals address nutrient
management in ways specific to each commodity. For example, the BMP manual for citrus entitled
Water Quality/Quantity Best Management Practices for Citrus (Citrus BMP Manual) contains BMPs on
nutrient management, which it defines as the control of the source, rate, placement, and timing of
nutrient applications and soil amendments to ensure sufficient soil fertility for citrus tree production and
to minimize impacts to water quality.
28
Excess nitrogen and phosphorus are the most common causes of water quality impairments in the
state because they enter surface waters through stormwater or irrigation run-off or leach through soils
into groundwater.
29
Accordingly, the Citrus BMP Manual includes recommended nutrient application
rates for nitrogen and phosphorous. The recommended rates are based on normal, healthy tree
development based on the age of the tree; however, where disease, salinity, or other factors inhibit
normal tree development, fertilizer application should be adjusted accordingly.
30
Nutrient Application Rates
UF/IFAS publishes recommended nutrient application rates based on scientific rate studies that focus
on production yield and profit. Depending on the crop and soils, natural fertility may not provide
adequate levels of all required nutrients for desired plant growth.
31
Fertilizers are used to provide
additional nutrients in order to achieve economical crop production. In order to attain adequate nutrients
for crop production while minimizing the risk of loss of nutrients to the environment, attention must be
given to the four major soil fertilization factors: right source, right rate, right placement, and right timing.
These factors, known as the 4Rs, should be evaluated when reviewing soil testing results to develop a
personalized, integrated approach to nutrient management that makes efficient use of fertilizer
investment for crop production and for environmental protection.
32
The rate of fertilizer is a part of the
overall nutrient management program. The recommended rates have been determined to provide
adequate nutrient amounts even under highest yield potentials. Rate recommendations may change
depending on new research.
33
DACS adopts the nutrient application rates published by UF/IFAS as part of the BMP manuals and
requires adherence to those rates as well as the implementation of additional mitigating BMPs to
ensure that nutrients are being utilized in the most efficient manner possible.
24
Fla. Admin. Code R. 5M-9.002; DACS, Water Quality/Quantity Best Management Practices for Florida Sod (2008
Edition), DACS-P-01330, available at
https://www.fdacs.gov/ezs3download/download/25407/516286/Bmp_FloridaSod2008.pdf (last visited Jan. 24, 2022).
25
Fla. Admin. Code R. 5M-13.002; DACS, Water Quality/Quantity Best Management Practices for Florida Specialty Fruit
and But Crops (2011 Edition), DACS P-01589, available at
https://www.fdacs.gov/ezs3download/download25409/516288/Bmp_FloridaSpecialtyFruitNut2011.pdf (last visited Jan. 24,
2022).
26
Fla. Admin. Code R. 5M-8.002(1); DACS, Water Quality/Quantity Best Management Practices for Florida Vegetable and
Agronomic Crops (2015 Edition), FDACS-P-01268, available at
https://www.fdacs.gov/ezs3download/download/77230/file/vegAgCropBMP-loRed.pdf (last visited Jan. 24, 2022).
27
Fla. Admin. Code R. 5M-18.001; DACS, Florida Agriculture Wildlife Best Management Practices for State Imperiled
Species (2015 Edition), DACS-P-02031, available at
https://www.fdacs.gov/content/download/61100/file/WildlifeBMP_final.pdf (last visited Jan. 24, 2022).
28
DACS, Water Quality/Quantity Best Management Practices for Citrus (2021), DACS-P-01756, at 13-17, available at
https://www.fdacs.gov/ezs3download/download/25410/516289/Bmp_FloridaCitrus2012.pdf (last visited Jan 24, 2022).
29
Id. at 4.
30
Id. at 16-17.
31
UF/IFAS, Standardized Nutrient Recommendations for Vegetable Crop Production in Florida,
https://edis.ifas.ufl.edu/publication/CV002 (last visited Jan. 31, 2022).
32
Id.
33
Id. STORAGE NAME: h1291d.SAC PAGE: 5
DATE: 2/21/2022
Statutory Incentives for BMP Implementation
Section 576.045, F.S., is focused on improving fertilization-management practices as soon as
practicable in a way that protects the state’s water resources and preserves a viable agricultural
industry.
34
The goals outlined in the statute include supporting BMP-related research and incentivizing
BMP implementation by the agriculture industry and other major uses of fertilizer.
35
The statute
authorizes DACS to impose and collect fees in support of various activities connected to achieving
state water quality standards for nitrogen and phosphorous criteria.
36
It also incentives BMP
implementation in two ways: a waiver of liability provision
37
and a presumption of compliance
provision.
38
The waiver of liability provision prohibits DEP from instituting proceedings against any person or the
federal government under existing law
39
to recover any costs or damages associated with nitrogen or
phosphorus contamination of groundwater or surface water (or the evaluation, assessment, or
remediation of contamination) due to the application of fertilizers or other soil-applied nutritional
materials containing nitrogen or phosphorus.
40
To qualify for the waiver of liability, a property owner or
leaseholder must:
Provide DACS with a notice of intent to implement applicable interim measures, BMPs, or other
measures adopted by DACS, which practices or measures have been verified by DEP to be
effective, and implement them as soon as practicable according to rules adopted by DACS, or
no longer apply fertilizers or other soil-applied nutritional materials containing nitrogen or
phosphorus;
41
or
No longer apply fertilizers or other soil-applied nutritional materials containing nitrogen or
phosphorus.
42
The presumption of compliance provision states that if a property owner or leaseholder implements
interim measures, BMPs, or other measures adopted by DACS, which practices or measures have
been verified by DEP to be effective, and complies with certain requirements, there is a presumption of
compliance with state water quality standards. The presumption applies for the application of fertilizers
or other soil-applied nutritional materials containing nitrogen or phosphorus. To achieve the
presumption, the property owner or leaseholder must:
43
Provide DACS with a notice of intent to implement applicable interim measures, BMPs, or other
measures adopted by DACS, and implement them as soon as practicable according to rules
adopted by DACS, or no longer apply fertilizers or other soil-applied nutritional materials
containing nitrogen or phosphorus;
44
or
No longer apply fertilizers or other soil-applied nutritional materials containing nitrogen or
phosphorus.
45
The “findings and intent,” “fees,” “purpose,” “waiver of liability,” and “rulemaking” provisions of this
section are scheduled to expire on December 31, 2022. The “compliance” and “other provisions”
subsections are scheduled to expire on December 31, 2027.
46
These expiration dates have been
34
Section 576.045(1)(b), F.S.
35
Id.
36
The fees collected include $100 for each license to distribute fertilizer, $100 for each specialty fertilizer registration, and
50 cents per ton for all fertilizer sold in the state that contains nitrogen or phosphorous. Section 576.045(3), F.S.
37
Section 576.045(4), F.S.
38
Section 576.045(5), F.S.
39
See s. 376.307(5), F.S.
40
Section 576.045(4), F.S.
41
Section 576.045(4)(a)1.-2., F.S.
42
Section 576.045(4)(b), F.S.
43
Section 576.045(5), F.S.
44
Section 576.045(5)(a)1.-2., F.S.
45
Section 576.045(5)(b), F.S.
46
Section 576.045(8), F.S. STORAGE NAME: h1291d.SAC PAGE: 6
DATE: 2/21/2022
included in the statute since it was first enacted and have been periodically extended, most recently in
2012.
47
American Society of Agronomy
The American Society of Agronomy (ASA) is the professional home for scientists dedicated to
advancing the discipline of the agronomic sciences.
48
Agronomy employs the disciplines of soil and
plant sciences to crop production, with the wise use of natural resources and conservation practices to
produce food, feed, fuel, fiber, and pharmaceutical crops for the world’s growing population.
49
A
common thread across the programs and services of the ASA is the dissemination and transfer of
scientific knowledge to advance the profession.
50
The ASA offers certification programs to become a Certified Crop Adviser (CCA) or a Certified
Professional Soil Scientist (CPSS).
51
Certification as a CCA is appropriate for any adviser/consultant
that spends the majority of their time advising growers or farm managers/operators on agronomic
practices and who can meet the standards of the program.
52
Certification as a CPSS is appropriate for
any individual whose education, experience, and career path involves some aspect of the soil science
profession and who can meet the standards of the program.
53
The ASA also offers a specialty certification in 4R Nutrient Management Planning.
54
This specialty
focuses on addressing environmental and resource management concerns in order to improve water
quality and environmental stewardship. It considers the integration of agronomic practices with
economic analysis and environmental interaction. Proficiency areas tested include nutrient
management planning; nitrogen, phosphorous, and potassium; secondary macronutrients and
micronutrients; and manure management.
55
Citrus Diseases
The Department of Citrus has reported that citrus production in Florida could drop by as much as 82
percent by 2026, due in large part to citrus diseases.
56
There are several diseases that pose significant
threats to the industry, but citrus greening, also known as Huanglongbing (HLB), is among the most
serious.
57
Every citrus grove in Florida is now being adversely impacted by HLB.
58
HLB is a bacterial
disease that attacks the vascular system of plants.
59
Once infected, there is no cure for the disease,
and in areas where the disease is endemic, citrus trees decline and die within a few years.
Another serious threat to the citrus industry is citrus canker.
60
Citrus canker is a bacterial disease that
causes lesions on leaves, stems, and fruit. Canker causes premature leaf and fruit drop and eventually
renders trees unproductive. Fruit that is infected is safe to eat, but is too unsightly to be sold.
61
47
Ch. 94-311, s. 8, Laws of Fla. (creating s. 576.045, F.S.); see also ch. 2003-147, s. 1, Laws of Fla. (extending the
expiration dates); see also ch. 2012-190, s. 26, Laws of Fla. (further extending the expiration dates).
48
American Society of Agronomy (ASA), Membership, https://www.agronomy.org/membership (last visited Jan. 24, 2022).
49
Id.
50
Id.
51
ASA, Certifications, https://www.agronomy.org/certifications (last visited Jan. 25, 2022).
52
Id.
53
Id.
54
ASA, New Nutrient Management Certification Offered, https://www.agronomy.org/news/media-
releases/releases/2015/0518/671 (last visited Jan. 24, 2022).
55
Id.
56
Florida Farm Bureau, Hope for Florida’s Declining Citrus Industry, https://www.floridafarmbureau.org/hope-for-floridas-
declining-citrus-industry/ (last visited Jan. 24, 2022).
57
DACS, Huanglongbing (HLB)/Citrus Greening Disease Information, https://www.fdacs.gov/Agriculture-Industry/Pests-
and-Diseases/Plant-Pests-and-Diseases/Citrus-Health-Response-Program/Citrus-Pests-and-Diseases/HLB-Citrus-
Greening (last visited Jan. 24, 2022).
58
Dep’t of Citrus (DOC), Orange Production, https://www.floridacitrus.org/newsroom/citrus-411/orange-production/ (last
visited Jan. 24, 2022).
59
Id.
60
DACS, Citrus Canker FAQ, https://www.fdacs.gov/Agriculture-Industry/Pests-and-Diseases/Plant-Pests-and-
Diseases/Citrus-Health-REsponse-Program/Citrus-Pests-and-Diseases/Citrus-Canker-FAQ (last visited Jan. 24, 2022).
61
Id. STORAGE NAME: h1291d.SAC PAGE: 7
DATE: 2/21/2022
Effect of the Bill
The bill authorizes citrus producers to use site-specific nutrient management, which is the application of
nutrients at a different rate than the published nutrient application rates under certain circumstances.
The bill specifies that the Legislature finds that:
Nutrient application rate recommendations are presently under review by UF/IFAS so that they
will reflect the latest methods of producing agricultural commodities and changes to nutrient
application practices that are appropriate due to disease, new crop varieties, changes in
marketing standards, growing techniques, and market conditions.
To gain efficiency and be able to compete successfully with foreign producers that benefit from
lower costs of production and favorable trade conditions, many producers in the state grow
more product per acre, resulting in higher production at lower overall costs. This high-efficiency
crop production requires nutrient application to be based on the intensity of production on a
per-acre basis, rather than the lower per-acre production on which past research based its
recommended nutrient application rate.
Florida citrus faces challenges that include citrus greening, citrus canker, windstorms, a freeze
in 2022 that resulted in the smallest citrus harvest since 1946, labor and supply shortages in
2022, and other events that result in the fruit not being harvested. In order to continue
production of this state's iconic crop, nutrient application rates must reflect fruit grown on the
tree after the bloom during the growing season and not fruit ultimately harvested for market
delivery.
To address these concerns, the bill authorizes the use of site-specific nutrient management for citrus
producers when recommended nutrient application rates published by UF/IFAS or other postsecondary
institutions with agricultural research programs are not appropriate for a specific citrus producer due to
soil conditions, disease, crop varieties, subsequent crop rotations, planting density, market
requirements, or site-specific conditions. The use of site-specific nutrient management is authorized
only when a certified professional makes a written determination that the published nutrient application
rates are not appropriate for the specific producer.
The bill defines the term “certified professional” to mean an individual who holds a certified crop adviser
designation issued by the American Society of Agronomy, who has passed the society's Southeast
Region Certified Crop Adviser Exam, who holds a 4R Nutrient Management Specialty certification, and
whose credentials have been verified by the society's Florida Certified Crop Adviser Board.
The bill requires the determination that the published nutrient application rates are not appropriate and
the recommendation for site-specific nutrient management to be documented with one or more of the
following records: soil tests, plant tissue tests, pathology reports, yield response curves, growth
records, or site-specific conditions, together with records specifying the application rate, the types or
forms of nutrients used, the nutrient sources used, and the placement and timing of the nutrient
sources. A producer must retain the records for five years to support the use of rate tailoring.
The bill requires producers that use rate tailoring to enroll in and implement all other BMPs adopted by
DACS and identified in the notice of intent required for enrollment.
The bill specifies that notwithstanding any other law, citrus producers implementing site-specific nutrient
management in compliance with the bill are provided a presumption of compliance with state water
quality standards, may rely on the waiver of liability provision in current law, and may be deemed to be
in compliance with certain provisions related to BMP implementation.
The bill directs UF/IFAS to analyze the use of site-specific nutrient management for crops other than
citrus and crop rotations, develop a research plan and interim recommendations for implementation of
site-specific nutrient management, and submit a report to the Governor and Legislature by December
31, 2022.
STORAGE NAME: h1291d.SAC PAGE: 8
DATE: 2/21/2022
The bill extends the expiration date for the “findings and intent,” “fees,” “use of funds,” “waiver of
liability,” and “rulemaking” provisions in s. 576.045, F.S., from December 31, 2022, to December 31,
2032. The bill extends the expiration date for the “compliance” and “other provisions” sections from
December 31, 2027, to December 31, 2037. The bill specifies that the provision authorizing site-specific
nutrient management for citrus crops will expire on December 31, 2027.
B. SECTION DIRECTORY:
Section 1. Amends s. 576.011, F.S., relating to definitions.
Section 2. Amends s. 576.045, F.S., relating to nitrogen and phosphorus in fertilizer application.
Section 3. Amends s. 403.067, F.S., relating to establishment and implementation of TMDLs.
Section 4. Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill extends the expiration date of existing fees at their current rates from December 31, 2022,
to December 31, 2032. As a result of the extension, DACS will continue to collect the fees. DACS
estimates that the recurring revenue from this extension will total approximately $342,442
annually.
62
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on DACS associated with training staff
and shifting needs within the BMP program. This impact can be absorbed within existing resources.
The bill may have an insignificant negative impact on UF/IFAS that can be absorbed within existing
resources for the submission of a report.
B. FISCAL IMPACT ON LOCAL GOVERNMENT S:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill extends the expiration date of existing fees at their current rates from December 31, 2022, to
December 31, 2032. As a result of the extension, the private sector will continue to be subject to the
fees.
D. FISCAL COMMENTS:
None.
62
DACS, Agency Analysis for Senate Bill 1000, p. 4 (Jan. 7, 2022) (on file with the Environment, Agriculture & Flooding
Subcommittee). SB 1000 also contains the provision that extends the expiration of existing fees. STORAGE NAME: h1291d.SAC PAGE: 9
DATE: 2/21/2022
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
DACS will be required to update its rules to incorporate provisions of the bill. DACS currently has
sufficient authority to conduct this rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 8, 2022, the Environment, Agriculture & Flooding Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment:
Replaced “rate tailoring” with “site-specific nutrient management”;
Required that a “certified professional” must also hold a 4R Nutrient Management Specialty
certification;
Narrowed the scope of the bill to citrus producers rather than all agricultural producers; and
Directed UF/IFAS to conduct a study and develop a report related to site-specific nutrient
management for crops other than citrus and crop rotations.
This analysis is drafted to the committee substitute as approved by the Environment, Agriculture &
Flooding Subcommittee.