The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: CS/SB 1000
INTRODUCER: Environment and Natural Resources Committee and Senator Albritton
SUBJECT: Nutrient Application Rates
DATE: January 18, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Rogers EN Fav/CS
2. Becker Becker AG Pre-meeting
3. RC
Please see Section IX. for Additional Information:
PLEASE MAKE SELECTION
I. Summary:
CS/SB 1000 authorizes agricultural producers to use written recommendations from certified
professionals to tailor their recommended nutrient application rates. The certified professional’s
determination that published nutrient application rates are not appropriate, and any
recommendations for rate tailoring, must be documented and kept for 5 years.
The bill provides that producers using rate tailoring are required to enroll in and implement
certain applicable best management practices (BMPs) adopted by the Department of Agriculture
and Consumer Services (DACS). When recommended nutrient application rates for crops are
revised by state universities or college institutions having agricultural research programs, the
revisions must provide an application range or authorize rate tailoring to crop and field
conditions.
Producers implementing rate tailoring in compliance with the bill are:
Provided a presumption of compliance with state water quality standards;
May rely upon the waiver of liability provision in existing law; and
Are deemed in compliance with the BMPs for pollution reduction, waiver of liability, and
presumption of compliance provisions in existing law.
The bill contains definitions for the terms “certified professional” and “rate tailoring” and
associated legislative findings and intent provisions. The bill also extends the expiration dates of
the “findings and intent,” “fees,” “use of funds,” “waiver of liability,” and “rulemaking”
REVISED: BILL: CS/SB 1000 Page 2
provisions of s. 576.045, F.S., from December 31, 2022 to December 31, 2032, and the
“compliance” and “other provisions” subsections of s. 576.045, F.S., from December 31, 2027 to
December 31, 2037. The bill also provides an expiration date of December 31, 2037 for the new
“rate tailoring” provision.
II. Present Situation:
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:
3
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.
4
The Department of Agriculture and Consumer Services (DACS) develops and adopts BMPs by
rule for different types of agricultural commodities.
5
Existing law provides for agricultural
producers to reduce their impacts to water quality through the implementation of applicable
BMPs adopted by DACS.
6
The Department of Environmental Protection (DEP) develops total maximum daily loads
(TMDLs) for waterbodies that have been found to be impaired.
7
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.
8
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 Dec. 21, 2021); 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
UF/IFAS, Agricultural Best Management Practices – About BMPs, https://bmp.ifas.ufl.edu/about-bmps/ (last visited Dec.
21, 2021); Florida Department of Agriculture and Consumer Services (DACS), Agricultural Best Management Practices,
https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-Management-Practices (last visited Dec. 21, 2021).
4
Id.
5
DACS, Agricultural Best Management Practices, https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-
Management-Practices (last visited Dec. 21, 2021); see also Fla. Admin. Code Rules 5M-16 (citrus), 5M-11 (cow/calf), 5M-
17 (dairy), 5M-14 (equine), 5M-6 (nurseries), 5M-19 (poultry), 5M-9 (sod), 5M-13 (specialty fruit and nut crops), 5M-8
(vegetable and agronomic crops), and 5M-18 (wildlife/state imperiled species).
6
Id.; see also s. 576.045, F.S.
7
DACS, Agricultural Best Management Practices, https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-
Management-Practices (last visited Dec. 21, 2021).
8
Id. BILL: CS/SB 1000 Page 3
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.
9
A BMAP also identifies strategies to address the pollutant reductions required to
achieve the TMDL.
10
“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.
11
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; however, this type of water quality
monitoring can be very expensive.
12
According to the annual report on BMPs prepared by DACS, approximately 62 percent of
agricultural acreage is enrolled in DACS’ BMP program statewide.
13
To enroll in the BMP
program, agriculture producers must meet with the Office of Agricultural Water Policy (OAWP)
and submit a notice of intent to implement the BMPs.
14
These producers are subject to inspection
and recordkeeping requirements.
15
After verification by DEP, producers implementing BMPs
receive a presumption of compliance with state water quality standards for the pollutants
addressed by the BMPs
16
and those who enroll in the BMP program become eligible for
technical assistance and cost-share funding for BMP implementation. Within a BMAP,
management strategies, including BMPs and water quality monitoring, are enforceable.
17
The University of Florida’s Institute of Food and Agricultural Sciences (UF/IFAS) is heavily
involved in the adoption and implementation of BMPs. UF/IFAS provides expertise to both
DACS and agriculture producers, and has extension offices throughout Florida. UF/IFAS holds
summits and workshops on BMPs,
18
conducts research to issue recommendations for improving
BMPs,
19
and issues training certificates for BMPs that require licenses such as Green Industry
BMPs.
20
9
Id.
10
Id.
11
Id.
12
UF/IFAS, Agricultural Best Management Practices – About BMPs, https://bmp.ifas.ufl.edu/about-bmps/ (last visited Dec.
21, 2021).
13
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/ezs3download/download/98382/2665697/
Media/Files/Agricultural-Water-Policy-Files/BMP-Implementation/2021-status-of-bmp-implementation-report.pdf
(last visited Jan. 4, 2022).
14
Section 403.067(7)(c)2., F.S.; see Fla. Admin. Code R. 5M-8.002, 5M-8.004, 5M-8.006.
15
Section 403.067(7)(c)2., F.S.; see Fla. Admin. Code R. 5M-8.006.
16
Section 403.067(7)(c)3., F.S.
17
Section 403.067(7)(d), F.S.
18
UF/IFAS, Agricultural Best Management Practices – Home, https://bmp.ifas.ufl.edu/ (last visited Jan. 5, 2022).
19
UF/IFAS Everglades Research & Education Center, Best Management Practices & Water Resources,
https://erec.ifas.ufl.edu/research-programs/best-management-practices-and-water-management/ (last visited Jan. 5, 2022).
20
UF/IFAS Florida-Friendly Landscaping Program, Green Industries Best Management Practices,
https://ffl.ifas.ufl.edu/ffl-and-you/gi-bmp-program/ (last visited Jan. 5, 2022). BILL: CS/SB 1000 Page 4
DACS is required to perform onsite inspection of agricultural producers enrolled in BMPs, at
least every 2 years, to ensure that the BMPs are being properly implemented.
21
DACS is also
required to collect and retain nutrient application records
22
and to provide these records to
DEP.
23
DACS recently began updating its BMP rules; in 2021, it completed rulemaking to
standardize record retention and recordkeeping processes across the various BMP manuals.
24
Nutrient Management
Since the BMP program was implemented in 1999,
25
DACS has adopted and incorporated by
reference ten BMP manuals that cover nearly all major agricultural commodities in Florida:
Citrus
26
Cow/Calf
27
Dairy
28
Equine
29
Nurseries
30
Poultry
31
Sod
32
Specialty Fruit and Nut Crops
33
21
Section 403.067(7)(d)3., F.S.
22
Id.
23
Section 403.067(7)(c)5., F.S.
24
See Fla. Admin. Code R. 5M-1.001, 5M-1.008, and 5M-1.009 (amended September 12, 2021).
25
The program was voluntary from 1999-2005. In 2005 the Florida Legislature modified the law requiring agricultural
producers to adopt BMPs or conduct water quality monitoring.
26
Fla. Admin. Code R. 5M-16.001; DACS, Water Quality/Quantity Best Management Practices for Citrus (2012 Edition),
DACS-P-01756, available at https://www.fdacs.gov/ezs3download/download/25410/516289/Bmp_FloridaCitrus2012.pdf
(last visited Jan. 4, 2022).
27
Fla. Admin. Code R. 5M-11.002; DACS, Water Quality Best Management Practices for Florida Cow/Calf Operations
(2008 Edition), DACS P-01280, available at https://www.fdacs.gov/ezs3download/download/25408/516287/
Bmp_FloridaCowCalf2008.pdf (last visited Jan. 4, 2022).
28
Fla. Admin. Code R. 5M-17.001; DACS, Water Quality/Quantity Best Management Practices for Florida Dairy
Operations (2015 Edition), FDACS-P-02008, available at https://www.fdacs.gov/ezs3download/download/64582/1525731/
Media/Files/Agricultural-Water-Policy-Files/Best-Management-Practices/dairyBMPFinal.pdf (last visited Jan. 4, 2022).
29
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/download/30687/file/equineBMP-
lores.pdf (last visited Jan. 4, 2022).
30
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. 4, 2022).
31
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. 4, 2022).
32
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. 4, 2022).
33
Fla. Admin. Code R. 5M-13.002; DACS, Water Quality/Quantity Best Management Practices for Florida Specialty Fruit
and Nut Crops (2011 Edition), DACS P-01589, available at https://www.fdacs.gov/ezs3download/download/25409/516288/
Bmp_FloridaSpecialtyFruitNut2011.pdf (last visited Jan. 4, 2022). BILL: CS/SB 1000 Page 5
Vegetable and Agronomic Crops
34
Wildlife (State Imperiled Species)
35
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 BMPs
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.
36
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 runoff or leach through
soils into groundwater.
37
Accordingly, the Citrus BMPs Manual includes recommended nutrient
application rates for nitrogen and phosphorus.
38
The recommended rates are based on normal,
healthy tree development for their age; however, where disease, salinity, or other factors inhibit
normal tree development, fertilizer application(s) should be adjusted accordingly.
39
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.
40
Goals include supporting BMP-related research
41
and incentivizing BMP
implementation by the agricultural industry and other major users of fertilizer.
42
In addition to
authorizing the imposition and collection of fees in support of various activities connected to
achieving state water quality standards for nitrogen and phosphorus criteria,
43
the statute
34
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/content/download/77230/file/
vegAgCropBMP-loRes.pdf (last visited Jan. 4, 2022).
35
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. 4, 2022).
36
DACS, Water Quality/Quantity Best Management Practices for Citrus (2012), DACS-P-01756, at 13-17, available at
https://www.fdacs.gov/ezs3download/download/25410/516289/Bmp_FloridaCitrus2012.pdf (last visited Dec. 21, 2021).
37
Id. at 4.
38
Id. at 16-17 (providing that the phosphorus fertilization rate should be based upon soil and/or leaf tissue tests, and the
nitrogen fertilization rate should be based upon recommended rates published by the Institute of Food and Agricultural
Sciences at the University of Florida (UF/IFAS)).
39
Id. at 16.
40
Section 576.045(1)(b), F.S.
41
A list of BMP research funding priorities and research projects by topic is available online. See DACS, BMP Research,
https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-Management-Practices/BMP-Research (last visited
Dec. 12, 2021).
42
See s. 576.045(1)(b), F.S.; see also ss. 576.045(4)-(5) and 403.076(7)(c)3., F.S. (incentivizing BMP implementation via
waiver of liability and presumption of compliance provisions).
43
Section 576.045(2)-(3), F.S. DACS collects $100 from each licensee to distribute fertilizer; $100 for each specialty
fertilizer registration; and fifty cents per ton for all fertilizer that contains nitrogen or phosphorus and that is sold in the state.
Id. BILL: CS/SB 1000 Page 6
incentivizes BMP implementation in two ways: a waiver of liability provision
44
and a
presumption of compliance provision.
45
The waiver of liability provision prohibits DEP from instituting proceedings against any person
or the Federal Government under existing law
46
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.
47
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;
48
or
No longer apply fertilizers or other soil-applied nutritional materials containing nitrogen or
phosphorus.
49
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 the following
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:
50
Provide DACS with a notice of intent to implement applicable interim measures, BMPs, or
other measures adopted by DACS, and implements them as soon as practicable according to
rules adopted by DACS, or no longer applies fertilizers or other soil-applied nutritional
materials containing nitrogen or phosphorus;
51
or
No longer apply fertilizers or other soil-applied nutritional materials containing nitrogen or
phosphorus.
52
The “findings and intent,” “fees,” “purpose,” “waiver of liability,” and “rulemaking” provisions
of s. 576.045, F.S., are scheduled to expire on December 31, 2022, whereas the “compliance”
and “other provisions” subsections of s. 576.045, F.S., are scheduled to expire on December 31,
44
Section 576.045(4), F.S.; see also s. 403.076(7)(c)3., F.S. (also incentivizing BMP implementation via a waiver of liability
provision).
45
Section 576.045(5), F.S.; see also s. 403.076(7)(c)3., F.S. (also incentivizing BMP implementation via a presumption of
compliance provision).
46
See s. 376.307(5), F.S.
47
Section 576.045(4), F.S.
48
Section 576.045(4)(a)1.-2., F.S.
49
Section 576.045(4)(b), F.S.
50
Section 576.045(5), F.S.
51
Section 576.045(5)(a)1.-2., F.S.
52
Section 576.045(5)(b), F.S. BILL: CS/SB 1000 Page 7
2027.
53
These expiration dates have been included in the statute since it was first enacted and
have been periodically extended, most recently in 2012.
54
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.
55
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.
56
A common thread across the programs and services of the ASA is the
dissemination and transfer of scientific knowledge to advance the profession.
57
The ASA offers certification programs to become a Certified Crop Adviser (CCA) or a Certified
Professional Soil Scientist (CPSS).
58
Certification as a CCA is appropriate for any
adviser/consultant that spends the majority of his or her time advising growers or farm
managers/operators on agronomic practices and can meet the standards of the program.
59
Certification as a CPSS is appropriate for any individual whose education, experience, and career
path is in some aspect of the soil science profession and can meet the standards of the program.
60
The ASA also offers a specialty certification in 4R Nutrient Management Planning.
61
The four
“Rs” refer to building a nutrient management plan that puts the (1) right nutrient resources, at the
(2) right rate, in the (3) right place, and at the (4) right time. The specialty is focused on
addressing environmental and resource management concerns in order to improve water quality
and environmental stewardship. It also considers the integration of agronomic practices with
economic analysis and environmental interaction. Proficiency areas tested include nutrient
management planning; nitrogen, phosphorus, and potassium; secondary macronutrients and
micronutrients; and manure management.
62
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.
63
These diseases pose significant threats
to the Florida citrus industry. They include all of the following:
64
53
Section 576.045(8), F.S.
54
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).
55
American Society of Agronomy (ASA), Membership, https://www.agronomy.org/membership (last visited Jan. 5, 2022).
56
Id.
57
Id.
58
ASA, Certifications, https://www.agronomy.org/certifications (last visited Jan. 5, 2022).
59
Id.
60
Id.
61
ASA, New Nutrient Management Certification Offered, https://www.agronomy.org/news/media-
releases/releases/2015/0518/671 (last visited Jan. 11, 2022).
62
Id.
63
Florida Farm Bureau, Hope for Florida’s Declining Citrus Industry, https://www.floridafarmbureau.org/hope-for-floridas-
declining-citrus-industry/ (last visited Jan. 6, 2022).
64
UF/IFAS Citrus Research and Education Center, Disease Identification, https://crec.ifas.ufl.edu/citrus-production/disease-
identification/ (last visited Jan. 5, 2022). BILL: CS/SB 1000 Page 8
Alternaria brown spot
Black spot
Blight
Canker
Exotic citrus diseases
Greasy spot
Citrus greening (HLB)
Melanose
Phytophthora
Postbloom fruit drop
Postharvest diseases
Scab
Tristeza
Virus-like diseases
65
Citrus greening, also known as Huanglongbing (HLB), is among the most serious citrus diseases
in the world.
66
It is widespread in Asia, Africa and the Saudi Arabian peninsula. In August 2005,
it was found for the first time in the U.S. in south Miami-Dade County.
67
Every citrus grove in
Florida is now being adversely impacted by HLB.
68
HLB is a bacterial disease that attacks the vascular system of plants.
69
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. There are three known forms: Asian, African and Brazilian. The HLB bacteria is
transmitted primarily by insect vectors (citrus psyllids), but can also be spread through plant
grafting and movement of infected plant material.
70
Another serious threat is citrus canker.
71
Citrus canker is a bacterial disease that causes lesions
on leaves, stems and fruit. It is not harmful to humans, but it causes premature leaf and fruit drop
and will eventually render trees unproductive. Fruit infected with canker is safe to eat, but it is
too unsightly to be sold.
72
III. Effect of Proposed Changes:
Section 1 amends s. 576.011, F.S., to include definitions for the terms “certified professional”
and “rate tailoring”:
65
Id.
66
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. 5, 2022).
67
Id.
68
Dep’t of Citrus (DOC), Orange Production, https://www.floridacitrus.org/newsroom/citrus-411/orange-production/ (last
visited Jan. 6, 2021).
69
Id.
70
Id.
71
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. 5, 2022).
72
Id. BILL: CS/SB 1000 Page 9
A “certified professional” is defined 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.
“Rate tailoring” is defined to mean the application of nutrients in accordance with the rate
tailoring provisions created in Section 2 of the bill.
The bill also renumbers various subsections in s. 576.011, F.S., to accommodate the new
definitions.
Section 2 amends s. 576.045, F.S., to include the following Legislative findings:
Nutrient application rate recommendations are general guidelines, not site-specific absolute
rates, and such rates may not take into account the latest methods of producing agricultural
commodities or changes to nutrient application practices which are appropriate due to
disease, new crop varieties, changes in U.S. Department of Agriculture Agricultural
Marketing Service Standards, growing techniques, or 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 this 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, freezes,
windstorms, and other events that result in the fruit not being harvested. In order to continue
production of the 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.
The bill provides that the Legislature intends to:
Accommodate continued agricultural production without interruption as research to formally
revise nutrient application rates is completed.
Authorize the use of rate tailoring in recommended nutrient application rates, when rate
tailoring is supported by written recommendations from a certified professional and
documented using production and field data that is retained for review during the best
management practices (BMPs) implementation verification process.
The bill authorizes the use of rate tailoring to recommended nutrient application rates, where rate
tailoring is supported by a certified professional, and where the following conditions are met:
When recommended nutrient application rates published by the Institute of Food and
Agricultural Sciences at the University of Florida (UF/IFAS) or other state universities and
Florida College System institutions that have 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, written
recommendations from a certified professional may be used to tailor the recommended
nutrient application rates for that producer. The determination that the published nutrient BILL: CS/SB 1000 Page 10
application rates are not appropriate and the recommendation for the tailoring of nutrient
application rates must be documented with one or more of the following records:
o soil tests,
o plant tissue tests,
o pathology reports,
o yield response curves,
o growth records, or
o site-specific conditions.
The producer must document 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.
The producer must retain the records for 5 years to support the use of rate tailoring.
Producers using rate tailoring must be enrolled in and implementing all other BMPs adopted
by the Department of Agriculture and Consumer Services (DACS) and identified in the
enrolled notice of intent required under the waiver of liability and presumption of compliance
provisions of the section or the best management practices paragraph in s. 403.067(7), F.S.
As recommended nutrient application rates for crops are revised by UF/IFAS or other state
universities and Florida College System institutions that have agricultural research programs,
such recommendations must provide an application range or authorize rate tailoring to crop
and field conditions.
Notwithstanding any other law, producers implementing rate tailoring 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 the section, and are deemed to be in compliance with the
BMPs for pollution reduction in existing law as well as the waiver of liability and
presumption of compliance provisions of the section.
The bill clarifies that property owners and leaseholders who implement interim measures, BMPs,
or other measures that have been adopted by DACS and verified by the Department of
Environmental Protection (DEP) as effective, are presumed to have complied with s. 576.045,
F.S., and the BMPs for pollution reduction in existing law.
The bill amends s. 576.045(9), F.S., to provide that the “findings and intent,” “fees,” “use of
funds,” “waiver of liability,” and “rulemaking” provisions expire on December 31, 2032, and the
“rate tailoring,” “compliance,” and “other provisions” subsections expire on December 31, 2037.
Section 3 of the bill amends s. 403.067(7)(c)3., F.S., to provide that implementation of BMPs
that have been authorized by s. 576.045, F.S., also qualify for the presumption of compliance and
waiver of liability provisions in that subparagraph. It also amends the subparagraph to conform it
to the bill.
Section 4 of the bill provides an effective date of July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None. BILL: CS/SB 1000 Page 11
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
The bill extends the expiration date currently applicable to the existing “fees” provision
in the statute from December 31, 2022 to December 31, 2032. Art. VII, s. 19 of the
Florida Constitution requires supermajority votes on a separate bill by the Legislature to
either impose new or raise existing state taxes or fees. This bill extends an existing fee at
its current rates.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill extends the expiration date of the “fees” provision in the statute from December
31, 2022 to December 31, 2032.
B. Private Sector Impact:
Because the bill extends the expiration date currently applicable to the existing “fees”
provision in the statute from December 31, 2022 to December 31, 2032, the private sector
will continue to be subject to them.
C. Government Sector Impact:
Because the bill extends the expiration date currently applicable to the existing “fees”
provision in the statute from December 31, 2022 to December 31, 2032, the government
sector will continue to collect them. These fees are collected and paid by licensees to
protect the state’s water resources, by funding research concerning best management
practices, education, and incentives for the agricultural industry and other major users of
fertilizers.
73
VI. Technical Deficiencies:
None.
73
Section 576.045(1)(b), F.S. BILL: CS/SB 1000 Page 12
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 576.011, 576.045, and 403.067 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources on January 10, 2022:
Revises the definition of “certified professional” to also require the individual to hold
a 4R Nutrient Management Specialty certification.
In the provision requiring producers using rate tailoring to be enrolled in and
implementing all other best management practices adopted by the department and
identified in the enrolled notice of intent, provides that in addition to the enrolled
notice being required under subsections (5) and (6), it may also be required under s.
403.067(7)(c), F.S.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.