FL
Florida House Bill H1291

Florida 2022 Regular Session

Florida House Bill H1291 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to nutrient application rates; 2
1616 amending s. 576.011, F.S.; defining the terms 3
1717 "certified professional" and "site-specific nutrient 4
1818 management"; amending s. 576.045, F.S.; providing 5
1919 legislative findings and intent; authorizing the use 6
2020 of site-specific nutrient management in specified 7
2121 circumstances; authorizing citrus producers to use 8
2222 written recommendations from certified professionals 9
2323 to tailor their recommended nutrient application rates 10
2424 under certain circumstances; requiring citrus 11
2525 producers to keep records regarding the determination 12
2626 that the published nutrient application rates are not 13
2727 appropriate and any recommendations for site -specific 14
2828 nutrient management for a specified period of time; 15
2929 requiring citrus producers using site -specific 16
3030 nutrient management to enroll in and implement certain 17
3131 applicable best management practices; providing a 18
3232 presumption of compliance with certain requirements 19
3333 for citrus producers using site -specific nutrient 20
3434 management; directing the University of Florida 21
3535 Institute of Food and Agricultural Sciences to analyze 22
3636 the use of site-specific nutrient management for 23
3737 certain crops, develop a research plan and certain 24
38-recommendations, and submit an annual report to the 25
38+recommendations, and submit a report to the Governor 25
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4747 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-Governor and Legislature by a specified date; 26
52-extending the expiration of certain provisions; 27
53-amending s. 403.067, F.S.; conforming a provision to 28
54-changes made by the act; providing an effective date. 29
51+and Legislature by a specified date; extending the 26
52+expiration of certain provisions; amending s. 403.067, 27
53+F.S.; conforming a provision to changes made by the 28
54+act; providing an effective date. 29
5555 30
5656 Be It Enacted by the Legislature of the State of Florida: 31
5757 32
5858 Section 1. Present subsections (5) through (31) and (32) 33
5959 through (42) of section 576.011, Florida Statutes, are 34
6060 redesignated as subsections (6) through (32) and (34) through 35
6161 (44), respectively, and new sub sections (5) and (33) are added 36
6262 to that section, to read: 37
6363 576.011 Definitions. —When used in this chapter, the term: 38
6464 (5) "Certified professional" means an individual who holds 39
6565 a certified crop adviser designation issued by the American 40
6666 Society of Agronomy, who has passed the society's Southeast 41
6767 Region Certified Crop Adviser Exam, who holds a 4R Nutrient 42
6868 Management Specialty certification, and whose credentials have 43
6969 been verified by the society's Florida Certified Crop Adviser 44
7070 Board. 45
7171 (33) "Site-specific nutrient management" means the 46
7272 application of nutrients in accordance with s. 576.045(4). 47
7373 Section 2. Section 576.045, Florida Statutes, is amended 48
7474 to read: 49
7575 576.045 Nitrogen and phosphorus; findings and intent; 50
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8484 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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8888 fees; purpose; best management practice s; waiver of liability; 51
8989 compliance; rules; exclusions; expiration. — 52
9090 (1) FINDINGS AND INTENT. — 53
9191 (a) The Legislature finds that : 54
9292 1. Nitrogen and phosphorus residues have been found in 55
9393 groundwater, surface water, and drinking water in various areas 56
9494 throughout this the state at levels in excess of established 57
9595 water quality standards. The Legislature further finds that some 58
9696 fertilization-management practices could be a source of such 59
9797 contamination. 60
9898 2. Nutrient application rate recommendations are presentl y 61
9999 under review by the University of Florida Institute of Food and 62
100100 Agricultural Sciences so that the recommendations will reflect 63
101101 the latest methods of producing agricultural commodities and 64
102102 changes to nutrient application practices which are appropriate 65
103103 due to disease, new crop varieties, changes in United States 66
104104 Department of Agriculture Agricultural Marketing Service 67
105105 standards, growing techniques, and market conditions. 68
106106 3. To gain efficiency and be able to compete successfully 69
107107 with foreign producers tha t benefit from lower costs of 70
108108 production and favorable trade conditions, many producers in 71
109109 this state grow more product per acre, resulting in higher 72
110110 production at lower overall costs. This high -efficiency crop 73
111111 production requires nutrient application to b e based on the 74
112112 intensity of production on a per -acre basis, rather than the 75
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121121 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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125125 lower per-acre production on which past research based its 76
126126 recommended nutrient application rate. 77
127127 4. Florida citrus faces challenges that include citrus 78
128128 greening, citrus canker, windstorms, a freeze in 2022 that 79
129129 resulted in the smallest citrus harvest since 1946, labor and 80
130130 supply chain shortages in 2022, and other events that result in 81
131131 the fruit not being harvested. In order to continue production 82
132132 of this state's iconic crop, nutr ient application rates must 83
133133 reflect fruit grown on the tree after the bloom during the 84
134134 growing season and not fruit ultimately harvested for market 85
135135 delivery. 86
136136 (b) It is the intent of the Legislature to : 87
137137 1. Improve fertilization -management practices as soon as 88
138138 practicable in a way that protects this the state's water 89
139139 resources and preserves a viable agricultural industry. This 90
140140 goal is to be accomplished through research concerning best 91
141141 management practices and education and incentives for the 92
142142 agricultural industry and other major users of fertilizer. 93
143143 2. Accommodate continued Florida citrus production without 94
144144 interruption as research to formally revise nutrient application 95
145145 rates is completed. 96
146146 3. Authorize the use of site-specific nutrient management 97
147147 for Florida citrus to adjust recommended nutrient application 98
148148 rates when site-specific nutrient management is supported by 99
149149 written recommendations from a certified professional and 100
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158158 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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162162 documented using production a nd field data that is retained for 101
163163 review during the best management practices implementation 102
164164 verification process. 103
165165 (2) FEES.— 104
166166 (a) In addition to the fees imposed under ss. 576.021 and 105
167167 576.041, the following supplemental fees shall be collected and 106
168168 paid by licensees for the sole purpose of implementing this 107
169169 section: 108
170170 1. One hundred dollars for each license to distribute 109
171171 fertilizer. 110
172172 2. One hundred dollars for each specialty fertilizer 111
173173 registration. 112
174174 3. Fifty cents per ton for all fertilizer that cont ains 113
175175 nitrogen or phosphorus and that is sold in this state. 114
176176 (b) All fees paid to the department under this section are 115
177177 due and payable at the same time and in the same manner as the 116
178178 fees specified in ss. 576.021 and 576.041 and are subject to all 117
179179 provisions contained in those sections. 118
180180 (c) All fees paid under this section must be deposited 119
181181 into the General Inspection Trust Fund and are exempt from the 120
182182 provisions of s. 215.20. These funds are to be appropriated 121
183183 annually to the department and allocated ac cording to a 122
184184 memorandum of understanding between the department and the 123
185185 Department of Environmental Protection. The allocation of 124
186186 indirect costs to these funds by any state agency is 125
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195195 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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199199 specifically prohibited. 126
200200 (3) USE OF FUNDS PURPOSE.—The funds collected pursuant to 127
201201 subsection (2) must be used by the department for: 128
202202 (a) Research, development, demonstration, and 129
203203 implementation of suitable interim measures, best management 130
204204 practices, or other measures used to achieve state water quality 131
205205 standards for nitrogen and phosphorus criteria , including site-132
206206 specific nutrient management . Implementation of interim 133
207207 measures, best management practices, and other measures may 134
208208 include cost-sharing grants, technical assistance, 135
209209 implementation tracking, and conservation lea ses or other 136
210210 agreements for water quality improvement. 137
211211 (b) Completing the analysis, research plan and 138
212212 recommendations, and report required under paragraph (4)(b).139
213213 (c)(b) Approving, adopting, publishing, and distributing 140
214214 interim measures, best management practices, or other measures. 141
215215 In the process of developing, approving, and adopting interim 142
216216 measures, best management practices, or other measures, the 143
217217 department shall consult with the Department of Environmental 144
218218 Protection, the Department of Health, the water management 145
219219 districts, environmental groups, the fertilizer industry, and 146
220220 representatives from the affected farming groups. 147
221221 (d)(c) Reimbursing the Department of Environmental 148
222222 Protection for costs incurred which are associated with: 149
223223 1. Monitoring and verifying the effectiveness of the 150
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232232 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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236236 interim measures, best management practices, or other measures 151
237237 approved and adopted under subsection (7) (6) at representative 152
238238 sites. The Department of Environmental Protection shall use its 153
239239 best professional judgment in making the initial determination 154
240240 of the effectiveness of the interim measures, best management 155
241241 practices, or other measures. 156
242242 2. Sampling, analysis, and restoration of potable water 157
243243 supplies, pursuant to s. 376.307, found to contain levels of 158
244244 nitrate in excess of state water quality standards, which excess 159
245245 is determined to be the result of the application of fertilizers 160
246246 or other soil-applied nutritional materials containing nitrogen. 161
247247 162
248248 This subsection must be implemented through a memorandum of 163
249249 understanding between the department and the Department of 164
250250 Environmental Protection. 165
251251 (4) SITE-SPECIFIC NUTRIENT MANAGEMENT. — 166
252252 (a) The use of site -specific nutrient management to tailor 167
253253 recommended nutrient application rates is authorized for citrus 168
254254 crops where site-specific nutrient management is supported by a 169
255255 certified professional. 170
256256 1. When recommended nutrient application rates published 171
257257 by the University of Florida Institute of Food and Agricultural 172
258258 Sciences or other state universities and Florida College System 173
259259 institutions that have agricultural research programs are not 174
260260 appropriate for a specific citrus producer due to soil 175
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269269 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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273273 conditions, disease, crop varieties, subsequent crop rotations, 176
274274 planting density, market requirements, or site -specific 177
275275 conditions, written recommendations from a certified 178
276276 professional may be used to tailor the recommended nutrient 179
277277 application rates for that producer. The determination that the 180
278278 published nutrient application rates are not appropriate and the 181
279279 recommendation for the tai loring of nutrient application rates 182
280280 must be documented with one or more of the following records, as 183
281281 appropriate: soil tests, plant tissue tests, pathology reports, 184
282282 yield response curves, growth records, or site -specific 185
283283 conditions, together with records specifying the application 186
284284 rate, the types or forms of nutrients used, the nutrient sources 187
285285 used, and the placement and timing of the nutrient sources. A 188
286286 citrus producer must retain the records for 5 years to support 189
287287 the use of site-specific nutrient manag ement. 190
288288 2. Citrus producers using site -specific nutrient 191
289289 management must be enrolled in and implementing all other best 192
290290 management practices adopted by the department and identified in 193
291291 the enrolled notice of intent required under s. 403.067(7)(c) 194
292292 and subsections (5) and (6). 195
293293 3. Notwithstanding any other law, citrus producers 196
294294 implementing site-specific nutrient management in compliance 197
295295 with this section are provided a presumption of compliance with 198
296296 state water quality standards, may rely on the waiver of 199
297297 liability in subsection (5), and may be deemed to be in 200
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306306 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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310310 compliance with s. 403.067(7)(c) and subsections (5) and (6). 201
311311 (b) The University of Florida Institute of Food and 202
312312 Agricultural Sciences shall analyze the use of site -specific 203
313313 nutrient management for crops other than citrus and crop 204
314314 rotations, develop a research plan and interim recommendations 205
315315 for implementation of site -specific nutrient management, and 206
316-submit an annual report to the Governor, the President of the 207
317-Senate, and the Speaker of the House of Representatives by June 208
318-30 of each year, beginning in 2023. 209
316+submit a report to the Governor, the President of the Senate, 207
317+and the Speaker of the House of Repr esentatives by December 31, 208
318+2022. 209
319319 (5) WAIVER OF LIABILITY. —Notwithstanding any other 210
320320 provision of law, the Department of Environmental Protection may 211
321321 not is not authorized to institute proceedings against any 212
322322 person or the Federal Government under the provisions of s. 213
323323 376.307(5) to recover any costs or damages associated with 214
324324 nitrogen or phosphorus contamination of groundwater or surface 215
325325 water, or the evaluation, assessment, or remediation of such 216
326326 contamination of groundwater or surface water, including 217
327327 sampling, analysis, and restoration of potable water supplies, 218
328328 where the contamination of groundwater or surface water is 219
329329 determined to be the result of the application of fertilizers or 220
330330 other soil-applied nutritional materials containing nitrogen or 221
331331 phosphorus, provided the property owner or leaseholder: 222
332332 (a)1. Provides the department with a notice of intent to 223
333333 implement applicable interim measures, best management 224
334334 practices, or other measures adopted by the department which 225
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343343 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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347347 practices or measures have been verified by the Department of 226
348348 Environmental Protection to be effective; and 227
349349 2. Implements applicable interim measures, best management 228
350350 practices, or other measures as soon as practicable according to 229
351351 rules adopted by the department or no longer applies fertilizers 230
352352 or other soil-applied nutritional materials containing nitrogen 231
353353 or phosphorus; or 232
354354 (b) No longer applies fertilizers or other soil -applied 233
355355 nutritional materials containing nitrogen or phosphorus as of 234
356356 the effective date of this section . 235
357357 (6)(5) COMPLIANCE.—If the property owner or leaseholder 236
358358 implements interim measures, best management practices, or other 237
359359 measures adopted by the department which practices or measures 238
360360 have been verified by the Department of Environmental Protection 239
361361 to be effective, and complies with the following, there is a 240
362362 presumption of compliance with state water quality standards for 241
363363 such criteria under this section and s. 403.067(7)(c) with 242
364364 respect to the application of fertilizers or other soil -applied 243
365365 nutritional materials containing nitrogen or phosphorus: 244
366366 (a)1. Provides the department with a notice of intent to 245
367367 implement applicable interim measures, best management 246
368368 practices, or other measures adopted by the department; and 247
369369 2. Implements applicable interim measures, best management 248
370370 practices, or other measures as soon as practicable according to 249
371371 rules adopted by the department or no longer applies fertilizers 250
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380380 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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384384 or other soil-applied nutritional materials containing nitrogen 251
385385 or phosphorus; or 252
386386 (b) No longer applies fertilizers or other soil -applied 253
387387 nutritional materials containing nitrogen or phosphorus as of 254
388388 the effective date of this section . 255
389389 (7)(6) RULEMAKING.—The department, in consultation with 256
390390 the Department of Environm ental Protection, the Department of 257
391391 Health, the water management districts, environmental groups, 258
392392 the fertilizer industry, and representatives from the affected 259
393393 farming groups, shall adopt rules to: 260
394394 (a) Specify the requirements of interim measures, best 261
395395 management practices, or other measures to be implemented by 262
396396 property owners and leaseholders. 263
397397 (b) Establish procedures for property owners and 264
398398 leaseholders to submit the notice of intent to implement and 265
399399 comply with interim measures, best management pra ctices, or 266
400400 other measures. 267
401401 (c) Establish schedules for implementation of interim 268
402402 measures, best management practices, or other measures. 269
403403 (d) Establish a system to assure the implementation of 270
404404 best management practices, including recordkeeping requireme nts. 271
405405 (8)(7) OTHER PROVISIONS.— 272
406406 (a) This section does not limit the authority of the 273
407407 Department of Environmental Protection to regulate discharges 274
408408 associated with the commercial feeding of livestock and poultry 275
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417417 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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421421 defined in chapter 585, including that of dairy farm and egg 276
422422 production operations, or the disposal of sludge, residuals, or 277
423423 septage. This paragraph does not grant additional authority to 278
424424 regulate these discharges. 279
425425 (b) This section does not limit federally delegated 280
426426 regulatory authority. 281
427427 (c) The Department of Environmental Protection may adopt 282
428428 rules to establish criteria for dairy farms which provide 283
429429 reasonable assurance that state nitrate groundwater quality 284
430430 standards will not be violated and which, provided such criteria 285
431431 are met, shall prohib it the Department of Environmental 286
432432 Protection from instituting proceedings against any dairy farmer 287
433433 under the provisions of s. 376.307(5) and shall provide a 288
434434 presumption of compliance with safe nitrate groundwater quality 289
435435 standards. 290
436436 (d) This section, exc ept for subsection (2), does not 291
437437 apply to the manufacture, mixing, or blending of fertilizer, 292
438438 including fertilizer containing sludge, residuals, or septage. 293
439439 (9)(8) EXPIRATION OF PROVISIONS. —Subsection (4) expires on 294
440-June 30, 2026. Subsections (1), (2), ( 3), (5) (4), and (7) (6) 295
441-expire on December 31, 2032 2022. Subsections (6) (5) and (8) 296
442-(7) expire on December 31, 2037 2027. 297
440+December 31, 2027. Subsections (1), (2), (3), (5) (4), and (7) 295
441+(6) expire on December 31, 2032 2022. Subsections (6) (5) and 296
442+(8) (7) expire on December 31, 2037 2027. 297
443443 Section 3. Paragraph (c) of subsection (7) of section 298
444444 403.067, Florida Statutes, is amended to read: 299
445445 403.067 Establishmen t and implementation of total maximum 300
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454454 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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458458 daily loads.— 301
459459 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 302
460460 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 303
461461 (c) Best management practices. — 304
462462 1. The department, in cooperation with the water 305
463463 management districts and other interested parties, as 306
464464 appropriate, may develop suitable interim measures, best 307
465465 management practices, or other measures necessary to achieve the 308
466466 level of pollution reduction established by the department for 309
467467 nonagricultural nonpoint pollutant sources in allocations 310
468468 developed pursuant to subsection (6) and this subsection. These 311
469469 practices and measures may be adopted by rule by the department 312
470470 and the water management districts and, where adopted by rule, 313
471471 shall be implemented by those parties responsible for 314
472472 nonagricultural nonpoint source pollution. 315
473473 2. The Department of Agriculture and Consumer Services may 316
474474 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 317
475475 suitable interim measures, best management practices, or other 318
476476 measures necessary to achieve the level of pollution reduction 319
477477 established by the department for agricultural pollutant sources 320
478478 in allocations developed pursuant to subsection (6) and this 321
479479 subsection or for programs implemented pursuant to paragraph 322
480480 (12)(b). These practices and measures may be implemented by 323
481481 those parties responsible for agricultural pollutant sources, 324
482482 and the department, the water management districts, and the 325
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491491 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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495495 Department of Agriculture and Consumer Services shall assist 326
496496 with implementation. In the process of developing and adopting 327
497497 rules for interim measure s, best management practices, or other 328
498498 measures, the Department of Agriculture and Consumer Services 329
499499 shall consult with the department, the Department of Health, the 330
500500 water management districts, representatives from affected 331
501501 farming groups, and environmenta l group representatives. Such 332
502502 rules must also incorporate provisions for a notice of intent to 333
503503 implement the practices and a system to assure the 334
504504 implementation of the practices, including site inspection and 335
505505 recordkeeping requirements. 336
506506 3. When interim measures, best management practices, or 337
507507 other measures are adopted by rule, the effectiveness of such 338
508508 practices in achieving the levels of pollution reduction 339
509509 established in allocations developed by the department pursuant 340
510510 to subsection (6) and this subsect ion or in programs implemented 341
511511 pursuant to paragraph (12)(b) must be verified at representative 342
512512 sites by the department. The department shall use its best 343
513513 professional judgment in making the initial verification that 344
514514 the best management practices are reaso nably expected to be 345
515515 effective and, when applicable, shall notify the appropriate 346
516516 water management district or the Department of Agriculture and 347
517517 Consumer Services of its initial verification before the 348
518518 adoption of a rule proposed pursuant to this paragraph . 349
519519 Implementation, in accordance with rules adopted under this 350
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528528 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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532532 paragraph, of practices that have been initially verified to be 351
533533 effective, or verified to be effective by monitoring at 352
534534 representative sites, by the department, or are authorized by s. 353
535535 576.045, shall provide a presumption of compliance with state 354
536536 water quality standards and release from s. 376.307(5) for those 355
537537 pollutants addressed by the practices, and the department is not 356
538538 authorized to institute proceedings against the owner of the 357
539539 source of pollution to recover costs or damages associated with 358
540540 the contamination of surface water or groundwater caused by 359
541541 those pollutants. Research projects funded by the department, a 360
542542 water management district, or the Department of Agriculture and 361
543543 Consumer Services to develop or demonstrate interim measures or 362
544544 best management practices shall be granted a presumption of 363
545545 compliance with state water quality standards and a release from 364
546546 s. 376.307(5). The presumption of compliance and release is 365
547547 limited to the research site and only for those pollutants 366
548548 addressed by the interim measures or best management practices. 367
549549 Eligibility for the presumption of compliance and release is 368
550550 limited to research projects on sites where the owner or 369
551551 operator of the research site and the department, a water 370
552552 management district, or the Department of Agriculture and 371
553553 Consumer Services have entered into a contract or other 372
554554 agreement that, at a minimum, specifies the research objectives, 373
555555 the cost-share responsibilities of the parties, and a sch edule 374
556556 that details the beginning and ending dates of the project. 375
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565565 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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569569 4. When water quality problems are demonstrated, despite 376
570570 the appropriate implementation, operation, and maintenance of 377
571571 best management practices and other measures required by rules 378
572572 adopted under this paragraph, the department, a water management 379
573573 district, or the Department of Agriculture and Consumer 380
574574 Services, in consultation with the department, shall institute a 381
575575 reevaluation of the best management practice or other measure. 382
576576 If the reevaluation determines that the best management practice 383
577577 or other measure requires modification, the department, a water 384
578578 management district, or the Department of Agriculture and 385
579579 Consumer Services, as appropriate, shall revise the rule to 386
580580 require implementation of the modified practice within a 387
581581 reasonable time period as specified in the rule. 388
582582 5. Subject to subparagraph 6., the Department of 389
583583 Agriculture and Consumer Services shall provide to the 390
584584 department information obtained pursuant to subparagraph (d)3. 391
585585 6. Agricultural records relating to processes or methods 392
586586 of production, costs of production, profits, or other financial 393
587587 information held by the Department of Agriculture and Consumer 394
588588 Services pursuant to subparagraphs 3., 4., and 5. or pursuant to 395
589589 any rule adopted pursuant to subparagraph 2. are confidential 396
590590 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 397
591591 Constitution. Upon request, records made confidential and exempt 398
592592 pursuant to this subparagraph shall be released to the 399
593593 department or any water management district provided that the 400
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602602 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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606606 confidentiality specified by this subparagraph for such records 401
607607 is maintained. 402
608608 7. Subparagraphs 1. and 2. do not preclude the department 403
609609 or water management district from requiring compliance with 404
610610 water quality standards or with current best management practice 405
611611 requirements in any applicable regulatory program authorized by 406
612612 law for the purpose of protecting water quality. Additionally, 407
613613 subparagraphs 1. and 2. are applicable only to the extent that 408
614614 they do not conflict with any rules adopted by the department 409
615615 that are necessary to maintain a federally delegated or approved 410
616616 program. 411
617617 Section 4. This act shall take effect July 1, 2022. 412