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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 "site-specific nutrient 4
management"; amending s. 576.045, F.S.; providing 5
legislative findings and intent; authorizing the use 6
of site-specific nutrient management in specified 7
circumstances; authorizing citrus producers to use 8
written recommendations from certified professionals 9
to tailor their recommended nutrient application rates 10
under certain circumstances; requiring citrus 11
producers to keep records regarding the determination 12
that the published nutrient application rates are not 13
appropriate and any recommendations for site -specific 14
nutrient management for a specified period of time; 15
requiring citrus producers using site -specific 16
nutrient management to enroll in and implement certain 17
applicable best management practices; providing a 18
presumption of compliance with certain requirements 19
for citrus producers using site -specific nutrient 20
management; directing the University of Florida 21
Institute of Food and Agricultural Sciences to analyze 22
the use of site-specific nutrient management for 23
certain crops, develop a research plan and certain 24
recommendations, and submit an annual report to the 25
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Governor and Legislature by a specified date; 26
extending the expiration of certain provisions; 27
amending s. 403.067, F.S.; conforming a provision to 28
changes made by the act; providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Present subsections (5) through (31) and (32) 33
through (42) of section 576.011, Florida Statutes, are 34
redesignated as subsections (6) through (32) and (34) through 35
(44), respectively, and new subsections (5) and (33) are added 36
to that section, to read: 37
576.011 Definitions. —When used in this chapter, the term: 38
(5) "Certified professional" means an individual who holds 39
a certified crop adviser designation issued by the American 40
Society of Agronomy, who has passed the society's Southeast 41
Region Certified Crop Adviser Exam, who holds a 4R Nutrient 42
Management Specialty certification, and whose credentials have 43
been verified by the society's Florida Certified Crop Adviser 44
Board. 45
(33) "Site-specific nutrient management" means the 46
application of nutrients in accordance with s. 576.045(4). 47
Section 2. Section 576.045, Florida Statutes, is amended 48
to read: 49
576.045 Nitrogen and phosphorus; findings and intent; 50
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fees; purpose; best management practices; waiver of liability; 51
compliance; rules; exclusions; expiration. — 52
(1) FINDINGS AND INTENT. — 53
(a) The Legislature finds that : 54
1. Nitrogen and phosphorus residues have been found in 55
groundwater, surface water, and drinking water in various are as 56
throughout this the state at levels in excess of established 57
water quality standards. The Legislature further finds that some 58
fertilization-management practices could be a source of such 59
contamination. 60
2. Nutrient application rate recommendations are presently 61
under review by the University of Florida Institute of Food and 62
Agricultural Sciences so that the recommendations will reflect 63
the latest methods of producing agricultural commodities and 64
changes to nutrient application practices which are approp riate 65
due to disease, new crop varieties, changes in United States 66
Department of Agriculture Agricultural Marketing Service 67
standards, growing techniques, and market conditions. 68
3. To gain efficiency and be able to compete successfully 69
with foreign producers that benefit from lower costs of 70
production and favorable trade conditions, many producers in 71
this state grow more product per acre, resulting in higher 72
production at lower overall costs. This high -efficiency crop 73
production requires nutrient applicat ion to be based on the 74
intensity of production on a per -acre basis, rather than the 75
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lower per-acre production on which past research based its 76
recommended nutrient application rate. 77
4. Florida citrus faces challenges that include citrus 78
greening, citrus canker, windstorms, a freeze in 2022 that 79
resulted in the smallest citrus harvest since 1946, labor and 80
supply chain shortages in 2022, and other events that result in 81
the fruit not being harvested. In order to continue production 82
of this state's iconic cr op, nutrient application rates must 83
reflect fruit grown on the tree after the bloom during the 84
growing season and not fruit ultimately harvested for market 85
delivery. 86
(b) It is the intent of the Legislature to : 87
1. Improve fertilization -management practices as soon as 88
practicable in a way that protects this the state's water 89
resources and preserves a viable agricultural industry. This 90
goal is to be accomplished through research concerning best 91
management practices and education and incentives for the 92
agricultural industry and other major users of fertilizer. 93
2. Accommodate continued Florida citrus production without 94
interruption as research to formally revise nutrient application 95
rates is completed. 96
3. Authorize the use of site-specific nutrient management 97
for Florida citrus to adjust recommended nutrient application 98
rates when site-specific nutrient management is supported by 99
written recommendations from a certified professional and 100
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documented using production a nd field data that is retained for 101
review during the best management practices implementation 102
verification process. 103
(2) FEES.— 104
(a) In addition to the fees imposed under ss. 576.021 and 105
576.041, the following supplemental fees shall be collected and 106
paid by licensees for the sole purpose of implementing this 107
section: 108
1. One hundred dollars for each license to distribute 109
fertilizer. 110
2. One hundred dollars for each specialty fertilizer 111
registration. 112
3. Fifty cents per ton for all fertilizer that cont ains 113
nitrogen or phosphorus and that is sold in this state. 114
(b) All fees paid to the department under this section are 115
due and payable at the same time and in the same manner as the 116
fees specified in ss. 576.021 and 576.041 and are subject to all 117
provisions contained in those sections. 118
(c) All fees paid under this section must be deposited 119
into the General Inspection Trust Fund and are exempt from the 120
provisions of s. 215.20. These funds are to be appropriated 121
annually to the department and allocated ac cording to a 122
memorandum of understanding between the department and the 123
Department of Environmental Protection. The allocation of 124
indirect costs to these funds by any state agency is 125
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specifically prohibited. 126
(3) USE OF FUNDS PURPOSE.—The funds collected pursuant to 127
subsection (2) must be used by the department for: 128
(a) Research, development, demonstration, and 129
implementation of suitable interim measures, best management 130
practices, or other measures used to achieve state water quality 131
standards for nitrogen and phosphorus criteria , including site-132
specific nutrient management . Implementation of interim 133
measures, best management practices, and other measures may 134
include cost-sharing grants, technical assistance, 135
implementation tracking, and conservation lea ses or other 136
agreements for water quality improvement. 137
(b) Completing the analysis, research plan and 138
recommendations, and report required under paragraph (4)(b).139
(c)(b) Approving, adopting, publishing, and distributing 140
interim measures, best management practices, or other measures. 141
In the process of developing, approving, and adopting interim 142
measures, best management practices, or other measures, the 143
department shall consult with the Department of Environmental 144
Protection, the Department of Health, the water management 145
districts, environmental groups, the fertilizer industry, and 146
representatives from the affected farming groups. 147
(d)(c) Reimbursing the Department of Environmental 148
Protection for costs incurred which are associated with: 149
1. Monitoring and verifying the effectiveness of the 150
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interim measures, best management practices, or other measures 151
approved and adopted under subsection (7) (6) at representative 152
sites. The Department of Environmental Protection shall use its 153
best professional judgment in making the initial determination 154
of the effectiveness of the interim measures, best management 155
practices, or other measures. 156
2. Sampling, analysis, and restoration of potable water 157
supplies, pursuant to s. 376.307, found to contain levels of 158
nitrate in excess of state water quality standards, which excess 159
is determined to be the result of the application of fertilizers 160
or other soil-applied nutritional materials containing nitrogen. 161
162
This subsection must be implemented through a memorandum of 163
understanding between the department and the Department of 164
Environmental Protection. 165
(4) SITE-SPECIFIC NUTRIENT MANAGEMENT. — 166
(a) The use of site -specific nutrient management to tailor 167
recommended nutrient application rates is authorized for citrus 168
crops where site-specific nutrient management is supported by a 169
certified professional. 170
1. When recommended nutrient application rates published 171
by the University of Florida Institute of Food and Agricultural 172
Sciences or other state universities and Florida College System 173
institutions that have agricultural research programs are not 174
appropriate for a specific citrus producer due to soil 175
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conditions, disease, crop varieties, subsequent crop rotations, 176
planting density, market requirements, or site -specific 177
conditions, written recommendations from a certified 178
professional may be used to tailor the recommended nutrient 179
application rates for that producer. The determination that the 180
published nutrient application rates are not appropriate and the 181
recommendation for the tai loring of nutrient application rates 182
must be documented with one or more of the following records, as 183
appropriate: soil tests, plant tissue tests, pathology reports, 184
yield response curves, growth records, or site -specific 185
conditions, together with records specifying the application 186
rate, the types or forms of nutrients used, the nutrient sources 187
used, and the placement and timing of the nutrient sources. A 188
citrus producer must retain the records for 5 years to support 189
the use of site-specific nutrient manag ement. 190
2. Citrus producers using site -specific nutrient 191
management must be enrolled in and implementing all other best 192
management practices adopted by the department and identified in 193
the enrolled notice of intent required under s. 403.067(7)(c) 194
and subsections (5) and (6). 195
3. Notwithstanding any other law, citrus producers 196
implementing site-specific nutrient management in compliance 197
with this section are provided a presumption of compliance with 198
state water quality standards, may rely on the waiver of 199
liability in subsection (5), and may be deemed to be in 200
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compliance with s. 403.067(7)(c) and subsections (5) and (6). 201
(b) The University of Florida Institute of Food and 202
Agricultural Sciences shall analyze the use of site -specific 203
nutrient management for crops other than citrus and crop 204
rotations, develop a research plan and interim recommendations 205
for implementation of site -specific nutrient management, and 206
submit an annual report to the Governor, the President of the 207
Senate, and the Speaker of the House of Representatives by June 208
30 of each year, beginning in 2023. 209
(5) WAIVER OF LIABILITY. —Notwithstanding any other 210
provision of law, the Department of Environmental Protection may 211
not is not authorized to institute proceedings against any 212
person or the Federal Government under the provisions of s. 213
376.307(5) to recover any costs or damages associated with 214
nitrogen or phosphorus contamination of groundwater or surface 215
water, or the evaluation, assessment, or remediation of such 216
contamination of groundwater or surface water, including 217
sampling, analysis, and restoration of potable water supplies, 218
where the contamination of groundwater or surface water is 219
determined to be the result of the application of fertilizers or 220
other soil-applied nutritional materials containing nitrogen or 221
phosphorus, provided the property owner or leaseholder: 222
(a)1. Provides the department with a notice of intent to 223
implement applicable interim measures, best management 224
practices, or other measures adopted by the department which 225
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practices or measures have been verified by the Department of 226
Environmental Protection to be effective; and 227
2. Implements applicable interim measures, best management 228
practices, or other measures as soon as practicable according to 229
rules adopted by the department or no longer applies fertilizers 230
or other soil-applied nutritional materials containing nitrogen 231
or phosphorus; or 232
(b) No longer applies fertilizers or other soil -applied 233
nutritional materials containing nitrogen or phosphorus as of 234
the effective date of this section . 235
(6)(5) COMPLIANCE.—If the property owner or leaseholder 236
implements interim measures, best management practices, or other 237
measures adopted by the department which practices or measures 238
have been verified by the Department of Envi ronmental Protection 239
to be effective, and complies with the following, there is a 240
presumption of compliance with state water quality standards for 241
such criteria under this section and s. 403.067(7)(c) with 242
respect to the application of fertilizers or other soil-applied 243
nutritional materials containing nitrogen or phosphorus: 244
(a)1. Provides the department with a notice of intent to 245
implement applicable interim measures, best management 246
practices, or other measures adopted by the department; and 247
2. Implements applicable interim measures, best management 248
practices, or other measures as soon as practicable according to 249
rules adopted by the department or no longer applies fertilizers 250
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or other soil-applied nutritional materials containing nitrogen 251
or phosphorus; or 252
(b) No longer applies fertilizers or other soil -applied 253
nutritional materials containing nitrogen or phosphorus as of 254
the effective date of this section . 255
(7)(6) RULEMAKING.—The department, in consultation with 256
the Department of Environm ental Protection, the Department of 257
Health, the water management districts, environmental groups, 258
the fertilizer industry, and representatives from the affected 259
farming groups, shall adopt rules to: 260
(a) Specify the requirements of interim measures, best 261
management practices, or other measures to be implemented by 262
property owners and leaseholders. 263
(b) Establish procedures for property owners and 264
leaseholders to submit the notice of intent to implement and 265
comply with interim measures, best management pra ctices, or 266
other measures. 267
(c) Establish schedules for implementation of interim 268
measures, best management practices, or other measures. 269
(d) Establish a system to assure the implementation of 270
best management practices, including recordkeeping requireme nts. 271
(8)(7) OTHER PROVISIONS.— 272
(a) This section does not limit the authority of the 273
Department of Environmental Protection to regulate discharges 274
associated with the commercial feeding of livestock and poultry 275
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defined in chapter 585, including that of dairy farm and egg 276
production operations, or the disposal of sludge, residuals, or 277
septage. This paragraph does not grant additional authority to 278
regulate these discharges. 279
(b) This section does not limit federally delegated 280
regulatory authority. 281
(c) The Department of Environmental Protection may adopt 282
rules to establish criteria for dairy farms which provide 283
reasonable assurance that state nitrate groundwater quality 284
standards will not be violated and which, provided such criteria 285
are met, shall prohib it the Department of Environmental 286
Protection from instituting proceedings against any dairy farmer 287
under the provisions of s. 376.307(5) and shall provide a 288
presumption of compliance with safe nitrate groundwater quality 289
standards. 290
(d) This section, exc ept for subsection (2), does not 291
apply to the manufacture, mixing, or blending of fertilizer, 292
including fertilizer containing sludge, residuals, or septage. 293
(9)(8) EXPIRATION OF PROVISIONS. —Subsection (4) expires on 294
June 30, 2026. Subsections (1), (2), ( 3), (5) (4), and (7) (6) 295
expire on December 31, 2032 2022. Subsections (6) (5) and (8) 296
(7) expire on December 31, 2037 2027. 297
Section 3. Paragraph (c) of subsection (7) of section 298
403.067, Florida Statutes, is amended to read: 299
403.067 Establishment an d implementation of total maximum 300
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daily loads.— 301
(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 302
IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 303
(c) Best management practices. — 304
1. The department, in cooperation with the water 305
management districts and othe r interested parties, as 306
appropriate, may develop suitable interim measures, best 307
management practices, or other measures necessary to achieve the 308
level of pollution reduction established by the department for 309
nonagricultural nonpoint pollutant sources in allocations 310
developed pursuant to subsection (6) and this subsection. These 311
practices and measures may be adopted by rule by the department 312
and the water management districts and, where adopted by rule, 313
shall be implemented by those parties responsible for 314
nonagricultural nonpoint source pollution. 315
2. The Department of Agriculture and Consumer Services may 316
develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 317
suitable interim measures, best management practices, or other 318
measures necessary to achieve the level of pollution reduction 319
established by the department for agricultural pollutant sources 320
in allocations developed pursuant to subsection (6) and this 321
subsection or for programs implemented pursuant to paragraph 322
(12)(b). These practices and measures may be implemented by 323
those parties responsible for agricultural pollutant sources, 324
and the department, the water management districts, and the 325
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Department of Agriculture and Consumer Services shall assist 326
with implementation. In the process of developing and adopting 327
rules for interim measure s, best management practices, or other 328
measures, the Department of Agriculture and Consumer Services 329
shall consult with the department, the Department of Health, the 330
water management districts, representatives from affected 331
farming groups, and environmenta l group representatives. Such 332
rules must also incorporate provisions for a notice of intent to 333
implement the practices and a system to assure the 334
implementation of the practices, including site inspection and 335
recordkeeping requirements. 336
3. When interim measures, best management practices, or 337
other measures are adopted by rule, the effectiveness of such 338
practices in achieving the levels of pollution reduction 339
established in allocations developed by the department pursuant 340
to subsection (6) and this subsect ion or in programs implemented 341
pursuant to paragraph (12)(b) must be verified at representative 342
sites by the department. The department shall use its best 343
professional judgment in making the initial verification that 344
the best management practices are reaso nably expected to be 345
effective and, when applicable, shall notify the appropriate 346
water management district or the Department of Agriculture and 347
Consumer Services of its initial verification before the 348
adoption of a rule proposed pursuant to this paragraph . 349
Implementation, in accordance with rules adopted under this 350
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paragraph, of practices that have been initially verified to be 351
effective, or verified to be effective by monitoring at 352
representative sites, by the department, or are authorized by s. 353
576.045, shall provide a presumption of compliance with state 354
water quality standards and release from s. 376.307(5) for those 355
pollutants addressed by the practices, and the department is not 356
authorized to institute proceedings against the owner of the 357
source of pollution to recover costs or damages associated with 358
the contamination of surface water or groundwater caused by 359
those pollutants. Research projects funded by the department, a 360
water management district, or the Department of Agriculture and 361
Consumer Services to develop or demonstrate interim measures or 362
best management practices shall be granted a presumption of 363
compliance with state water quality standards and a release from 364
s. 376.307(5). The presumption of compliance and release is 365
limited to the research site and only for those pollutants 366
addressed by the interim measures or best management practices. 367
Eligibility for the presumption of compliance and release is 368
limited to research projects on sites where the owner or 369
operator of the research site and the department, a water 370
management district, or the Department of Agriculture and 371
Consumer Services have entered into a contract or other 372
agreement that, at a minimum, specifies the research objectives, 373
the cost-share responsibilities of the parties, and a sch edule 374
that details the beginning and ending dates of the project. 375
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4. When water quality problems are demonstrated, despite 376
the appropriate implementation, operation, and maintenance of 377
best management practices and other measures required by rules 378
adopted under this paragraph, the department, a water management 379
district, or the Department of Agriculture and Consumer 380
Services, in consultation with the department, shall institute a 381
reevaluation of the best management practice or other measure. 382
If the reevaluation determines that the best management practice 383
or other measure requires modification, the department, a water 384
management district, or the Department of Agriculture and 385
Consumer Services, as appropriate, shall revise the rule to 386
require implementation of the modified practice within a 387
reasonable time period as specified in the rule. 388
5. Subject to subparagraph 6., the Department of 389
Agriculture and Consumer Services shall provide to the 390
department information obtained pursuant to subparagraph (d)3. 391
6. Agricultural records relating to processes or methods 392
of production, costs of production, profits, or other financial 393
information held by the Department of Agriculture and Consumer 394
Services pursuant to subparagraphs 3., 4., and 5. or pursuant to 395
any rule adopted pursuant to subparagraph 2. are confidential 396
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 397
Constitution. Upon request, records made confidential and exempt 398
pursuant to this subparagraph shall be released to the 399
department or any water management district provided that the 400
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confidentiality specified by this subparagraph for such records 401
is maintained. 402
7. Subparagraphs 1. and 2. do not preclude the department 403
or water management district from requiring compliance with 404
water quality standards or with current best management practice 405
requirements in any applicable regulatory program authorized by 406
law for the purpose of protecting water quality. Additionally, 407
subparagraphs 1. and 2. are applicable only to the extent that 408
they do not conflict with any rules adopted by the department 409
that are necessary to maintain a federally delegated or approved 410
program. 411
Section 4. This act shall take effect July 1, 2022. 412