Florida Senate - 2022                                     SB 904
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00617-22                                            2022904__
    1                        A bill to be entitled                      
    2         An act relating to agricultural practices; providing
    3         legislative findings and intent; amending s. 373.4595,
    4         F.S.; revising the definition of the term “best
    5         management practice”; amending s. 403.067, F.S.;
    6         requiring, rather than authorizing, the Department of
    7         Agriculture and Consumer Services to develop and adopt
    8         rules for interim measures, best management practices,
    9         or other measures to achieve certain levels of
   10         pollution reduction statewide; requiring the
   11         department to develop and adopt rules for guidelines
   12         for providing financial assistance to parties
   13         implementing such measures and practices; providing
   14         that such financial assistance is exempt from certain
   15         provisions; requiring the department to update the
   16         rules within a specified timeframe; requiring
   17         department rules to provide specified administrative
   18         fines for failing to implement or comply with the
   19         measures or practices; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. The Legislature finds that interim measures,
   24  best management practices, and other measures implemented
   25  pursuant to ss. 373.4595 and 403.067, Florida Statutes, have
   26  multifaceted benefits, including improvements in water quality,
   27  water conservation, and climate resiliency. It is the intent of
   28  the Legislature to recognize the benefits provided by these
   29  practices and measures and to incentivize their implementation
   30  through prioritization from the technical and financial
   31  assistance provided by the Department of Agriculture and
   32  Consumer Services, Department of Environmental Protection, and
   33  water management districts.
   34         Section 2. Paragraph (a) of subsection (2) of section
   35  373.4595, Florida Statutes, is amended to read:
   36         373.4595 Northern Everglades and Estuaries Protection
   37  Program.—
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Best management practice” means a practice or
   40  combination of practices determined by the coordinating
   41  agencies, based on research, field-testing, and expert review,
   42  to be the most effective and practicable on-location means,
   43  including economic and technological considerations, for
   44  improving water quality and conservation in agricultural and
   45  urban discharges. Best management practices for agricultural
   46  discharges must shall reflect a balance between water quality
   47  improvements and agricultural productivity and must incentivize
   48  increased climate resiliency in agricultural production.
   49         Section 3. Paragraphs (c) and (d) of subsection (7) of
   50  section 403.067, Florida Statutes, are amended to read:
   51         403.067 Establishment and implementation of total maximum
   52  daily loads.—
   53         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
   54  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
   55         (c) Best management practices.—
   56         1. The department, in cooperation with the water management
   57  districts and other interested parties, as appropriate, may
   58  develop suitable interim measures, best management practices, or
   59  other measures necessary to achieve the level of pollution
   60  reduction established by the department for nonagricultural
   61  nonpoint pollutant sources in allocations developed pursuant to
   62  subsection (6) and this subsection. These practices and measures
   63  may be adopted by rule by the department and the water
   64  management districts and, where adopted by rule, shall be
   65  implemented by those parties responsible for nonagricultural
   66  nonpoint source pollution.
   67         2. The Department of Agriculture and Consumer Services
   68  shall may develop and adopt by rule pursuant to ss. 120.536(1)
   69  and 120.54 suitable interim measures, best management practices,
   70  or other measures necessary to achieve the level of pollution
   71  reduction established by the department for agricultural
   72  pollutant sources in allocations developed pursuant to
   73  subsection (6) and this subsection or for programs implemented
   74  pursuant to paragraph (12)(b). These practices and measures must
   75  may be implemented by those parties responsible for agricultural
   76  pollutant sources statewide, and the department, the water
   77  management districts, and the Department of Agriculture and
   78  Consumer Services shall assist with implementation. In the
   79  process of developing and adopting rules for interim measures,
   80  best management practices, or other measures, the Department of
   81  Agriculture and Consumer Services shall consult with the
   82  department, the Department of Health, the water management
   83  districts, representatives from affected farming groups, and
   84  environmental group representatives. Such rules must also
   85  incorporate provisions for a notice of intent to implement the
   86  practices and a system to assure the implementation of the
   87  practices, including site inspection and recordkeeping
   88  requirements. The Department of Agriculture and Consumer
   89  Services shall also develop and adopt rules to establish
   90  guidelines for providing financial assistance to parties for
   91  implementing interim measures, best management practices, or
   92  other measures. The department shall consider economic
   93  feasibility in developing the rules. Any financial assistance
   94  procured pursuant to such rules is exempt from s. 287.057. The
   95  Department of Agriculture and Consumer Services shall update
   96  rules adopted pursuant to this subparagraph at least every 5
   97  years or within a year after the completion of the scientific
   98  and technical research conducted pursuant to paragraph (f),
   99  including updates to nutrient application rates for all
  100  agricultural soil amendments.
  101         3. When interim measures, best management practices, or
  102  other measures are adopted by rule, the effectiveness of such
  103  practices in achieving the levels of pollution reduction
  104  established in allocations developed by the department pursuant
  105  to subsection (6) and this subsection or in programs implemented
  106  pursuant to paragraph (12)(b) must be verified at representative
  107  sites by the department. The department shall use best
  108  professional judgment in making the initial verification that
  109  the best management practices are reasonably expected to be
  110  effective and, when applicable, shall notify the appropriate
  111  water management district or the Department of Agriculture and
  112  Consumer Services of its initial verification before the
  113  adoption of a rule proposed pursuant to this paragraph.
  114  Implementation, in accordance with rules adopted under this
  115  paragraph, of practices that have been initially verified to be
  116  effective, or verified to be effective by monitoring at
  117  representative sites, by the department, shall provide a
  118  presumption of compliance with state water quality standards and
  119  release from s. 376.307(5) for those pollutants addressed by the
  120  practices, and the department is not authorized to institute
  121  proceedings against the owner of the source of pollution to
  122  recover costs or damages associated with the contamination of
  123  surface water or groundwater caused by those pollutants.
  124  Research projects funded by the department, a water management
  125  district, or the Department of Agriculture and Consumer Services
  126  to develop or demonstrate interim measures or best management
  127  practices shall be granted a presumption of compliance with
  128  state water quality standards and a release from s. 376.307(5).
  129  The presumption of compliance and release is limited to the
  130  research site and only for those pollutants addressed by the
  131  interim measures or best management practices. Eligibility for
  132  the presumption of compliance and release is limited to research
  133  projects on sites where the owner or operator of the research
  134  site and the department, a water management district, or the
  135  Department of Agriculture and Consumer Services have entered
  136  into a contract or other agreement that, at a minimum, specifies
  137  the research objectives, the cost-share responsibilities of the
  138  parties, and a schedule that details the beginning and ending
  139  dates of the project.
  140         4. When water quality problems are demonstrated, despite
  141  the appropriate implementation, operation, and maintenance of
  142  best management practices and other measures required by rules
  143  adopted under this paragraph, the department, a water management
  144  district, or the Department of Agriculture and Consumer
  145  Services, in consultation with the department, shall institute a
  146  reevaluation of the best management practice or other measure.
  147  If the reevaluation determines that the best management practice
  148  or other measure requires modification, the department, a water
  149  management district, or the Department of Agriculture and
  150  Consumer Services, as appropriate, shall revise the rule to
  151  require implementation of the modified practice within a
  152  reasonable time period as specified in the rule.
  153         5. Subject to subparagraph 6., the Department of
  154  Agriculture and Consumer Services shall provide to the
  155  department information obtained pursuant to subparagraph (d)6.
  156  (d)3.
  157         6. Agricultural records relating to processes or methods of
  158  production, costs of production, profits, or other financial
  159  information held by the Department of Agriculture and Consumer
  160  Services pursuant to subparagraphs 3., 4., and 5. or pursuant to
  161  any rule adopted pursuant to subparagraph 2. are confidential
  162  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  163  Constitution. Upon request, records made confidential and exempt
  164  pursuant to this subparagraph shall be released to the
  165  department or any water management district provided that the
  166  confidentiality specified by this subparagraph for such records
  167  is maintained.
  168         7. Subparagraphs 1. and 2. do not preclude the department
  169  or water management district from requiring compliance with
  170  water quality standards or with current best management practice
  171  requirements in any applicable regulatory program authorized by
  172  law for the purpose of protecting water quality. Additionally,
  173  subparagraphs 1. and 2. are applicable only to the extent that
  174  they do not conflict with any rules adopted by the department
  175  that are necessary to maintain a federally delegated or approved
  176  program.
  177         (d) Enforcement and verification of basin management action
  178  plans and management strategies.—
  179         1. Basin management action plans are enforceable pursuant
  180  to this section and ss. 403.121, 403.141, and 403.161.
  181  Management strategies, including best management practices and
  182  water quality monitoring, are enforceable under this chapter.
  183         2. No later than January 1, 2017:
  184         a. The department, in consultation with the water
  185  management districts and the Department of Agriculture and
  186  Consumer Services, shall initiate rulemaking to adopt procedures
  187  to verify implementation of water quality monitoring required in
  188  lieu of implementation of best management practices or other
  189  measures pursuant to sub-subparagraph (b)2.g.;
  190         3.b. The department, in consultation with the water
  191  management districts and the Department of Agriculture and
  192  Consumer Services, shall initiate rulemaking to adopt procedures
  193  to verify implementation of nonagricultural interim measures,
  194  best management practices, or other measures adopted by rule
  195  pursuant to subparagraph (c)1.; and
  196         4.c. The Department of Agriculture and Consumer Services,
  197  in consultation with the water management districts and the
  198  department, shall initiate rulemaking to adopt procedures to
  199  verify the proper implementation of agricultural interim
  200  measures, best management practices, or other measures adopted
  201  by rule pursuant to subparagraph (c)2.
  202         5. The rules required under subparagraphs 2., 3., and 4.
  203  must this subparagraph shall include enforcement procedures
  204  applicable to the landowner, discharger, or other responsible
  205  person required to implement applicable management strategies,
  206  including best management practices or water quality monitoring
  207  as a result of noncompliance. Rules adopted by the Department of
  208  Agriculture and Consumer Services regarding the implementation
  209  of agricultural interim measures, best management practices, or
  210  other measures pursuant to subparagraph (c)2. must include,
  211  after notice and hearing, the imposition of an administrative
  212  fine in the Class II category pursuant to s. 570.971 for any
  213  failure to implement such measures or practices; failure to
  214  cooperate with the department to complete the required
  215  verification of proper implementation; or failure to properly
  216  provide records required as part of such verification.
  217         6.3. At least every 2 years, the Department of Agriculture
  218  and Consumer Services shall perform onsite inspections of each
  219  agricultural producer that enrolls in a best management practice
  220  to ensure that such practice is being properly implemented. Such
  221  verification must include a collection and review of the best
  222  management practice documentation from the previous 2 years
  223  required by rules adopted pursuant to subparagraph (c)2.,
  224  including, but not limited to, nitrogen and phosphorus
  225  fertilizer application records, which must be collected and
  226  retained pursuant to subparagraphs (c)3., 4., and 6. The
  227  Department of Agriculture and Consumer Services shall initially
  228  prioritize the inspection of agricultural producers located in
  229  the basin management action plans for Lake Okeechobee, the
  230  Indian River Lagoon, the Caloosahatchee River and Estuary, and
  231  Silver Springs.
  232         Section 4. This act shall take effect July 1, 2022.