Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1000
Ì114662&Î114662
LEGISLATIVE ACTION
Senate . House
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The Committee on Environment and Natural Resources (Albritton)
recommended the following:
1 Senate Amendment
2
3 Delete lines 38 - 181
4 and insert:
5 Region Certified Crop Adviser Exam, who holds a 4R Nutrient
6 Management Specialty certification, and whose credentials have
7 been verified by the society’s Florida Certified Crop Adviser
8 Board.
9 (33) “Rate tailoring” means the application of nutrients in
10 accordance with s. 576.045(4).
11 Section 2. Section 576.045, Florida Statutes, is amended to
12 read:
13 576.045 Nitrogen and phosphorus; findings and intent; fees;
14 purpose; best management practices; waiver of liability;
15 compliance; rules; exclusions; expiration.—
16 (1) FINDINGS AND INTENT.—
17 (a) The Legislature finds that:
18 1. Nitrogen and phosphorus residues have been found in
19 groundwater, surface water, and drinking water in various areas
20 throughout this the state at levels in excess of established
21 water quality standards. The Legislature further finds that some
22 fertilization-management practices could be a source of such
23 contamination.
24 2. Nutrient application rate recommendations are general
25 guidelines, not site-specific absolute rates, and that such
26 rates may not take into account the latest methods of producing
27 agricultural commodities or changes to nutrient application
28 practices which are appropriate due to disease, new crop
29 varieties, changes in United States Department of Agriculture
30 Agricultural Marketing Service standards, growing techniques, or
31 market conditions.
32 3. To gain efficiency and be able to compete successfully
33 with foreign producers that benefit from lower costs of
34 production and favorable trade conditions, many producers in
35 this state grow more product per acre, resulting in higher
36 production at lower overall costs. This high-efficiency crop
37 production requires nutrient application to be based on the
38 intensity of production on a per-acre basis, rather than the
39 lower per-acre production on which past research based its
40 recommended nutrient application rate.
41 4. Florida citrus faces challenges that include citrus
42 greening, citrus canker, freezes, windstorms, and other events
43 that result in the fruit not being harvested. In order to
44 continue production of this state’s iconic crop, nutrient
45 application rates must reflect fruit grown on the tree after the
46 bloom during the growing season and not fruit ultimately
47 harvested for market delivery.
48 (b) It is the intent of the Legislature to:
49 1. Improve fertilization-management practices as soon as
50 practicable in a way that protects this the state’s water
51 resources and preserves a viable agricultural industry. This
52 goal is to be accomplished through research concerning best
53 management practices and education and incentives for the
54 agricultural industry and other major users of fertilizer.
55 2. Accommodate continued agricultural production without
56 interruption as research to formally revise nutrient application
57 rates is completed.
58 3. Authorize the use of rate tailoring in recommended
59 nutrient application rates when rate tailoring is supported by
60 written recommendations from a certified professional and
61 documented using production and field data that is retained for
62 review during the best management practices implementation
63 verification process.
64 (2) FEES.—
65 (a) In addition to the fees imposed under ss. 576.021 and
66 576.041, the following supplemental fees shall be collected and
67 paid by licensees for the sole purpose of implementing this
68 section:
69 1. One hundred dollars for each license to distribute
70 fertilizer.
71 2. One hundred dollars for each specialty fertilizer
72 registration.
73 3. Fifty cents per ton for all fertilizer that contains
74 nitrogen or phosphorus and that is sold in this state.
75 (b) All fees paid to the department under this section are
76 due and payable at the same time and in the same manner as the
77 fees specified in ss. 576.021 and 576.041 and are subject to all
78 provisions contained in those sections.
79 (c) All fees paid under this section must be deposited into
80 the General Inspection Trust Fund and are exempt from the
81 provisions of s. 215.20. These funds are to be appropriated
82 annually to the department and allocated according to a
83 memorandum of understanding between the department and the
84 Department of Environmental Protection. The allocation of
85 indirect costs to these funds by any state agency is
86 specifically prohibited.
87 (3) USE OF FUNDS PURPOSE.—The funds collected pursuant to
88 subsection (2) must be used by the department for:
89 (a) Research, development, demonstration, and
90 implementation of suitable interim measures, best management
91 practices, or other measures used to achieve state water quality
92 standards for nitrogen and phosphorus criteria. Implementation
93 of interim measures, best management practices, and other
94 measures may include cost-sharing grants, technical assistance,
95 implementation tracking, and conservation leases or other
96 agreements for water quality improvement.
97 (b) Approving, adopting, publishing, and distributing
98 interim measures, best management practices, or other measures.
99 In the process of developing, approving, and adopting interim
100 measures, best management practices, or other measures, the
101 department shall consult with the Department of Environmental
102 Protection, the Department of Health, the water management
103 districts, environmental groups, the fertilizer industry, and
104 representatives from the affected farming groups.
105 (c) Reimbursing the Department of Environmental Protection
106 for costs incurred which are associated with:
107 1. Monitoring and verifying the effectiveness of the
108 interim measures, best management practices, or other measures
109 approved and adopted under subsection (7) (6) at representative
110 sites. The Department of Environmental Protection shall use its
111 best professional judgment in making the initial determination
112 of the effectiveness of the interim measures, best management
113 practices, or other measures.
114 2. Sampling, analysis, and restoration of potable water
115 supplies, pursuant to s. 376.307, found to contain levels of
116 nitrate in excess of state water quality standards, which excess
117 is determined to be the result of the application of fertilizers
118 or other soil-applied nutritional materials containing nitrogen.
119
120 This subsection must be implemented through a memorandum of
121 understanding between the department and the Department of
122 Environmental Protection.
123 (4) RATE TAILORING.—The use of rate tailoring to
124 recommended nutrient application rates is authorized where rate
125 tailoring is supported by a certified professional.
126 (a) When recommended nutrient application rates published
127 by the Institute of Food and Agricultural Sciences at the
128 University of Florida or other state universities and Florida
129 College System institutions that have agricultural research
130 programs are not appropriate for a specific producer due to soil
131 conditions, disease, crop varieties, subsequent crop rotations,
132 planting density, market requirements, or site-specific
133 conditions, written recommendations from a certified
134 professional may be used to tailor the recommended nutrient
135 application rates for that producer. The determination that the
136 published nutrient application rates are not appropriate and the
137 recommendation for the tailoring of nutrient application rates
138 must be documented with one or more of the following records, as
139 appropriate: soil tests, plant tissue tests, pathology reports,
140 yield response curves, growth records, or site-specific
141 conditions, together with records specifying the application
142 rate, the types or forms of nutrients used, the nutrient sources
143 used, and the placement and timing of the nutrient sources. A
144 producer must retain the records for 5 years to support the use
145 of rate tailoring.
146 (b) Producers using rate tailoring must be enrolled in and
147 implementing all other best management practices adopted by the
148 department and identified in the enrolled notice of intent
149 required under subsections (5) and (6) or s. 403.067(7)(c).