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 Rules
BILL: CS/CS/SB 1000
INTRODUCER: Rules Committee; Environment and Natural Resources Committee and Senator Albritton
SUBJECT: Nutrient Application Rates
DATE: February 10, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Rogers EN Fav/CS
2. Becker Becker AG Favorable
3. Collazo Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1000 authorizes citrus 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 site-specific nutrient management, must be documented and kept for 5
years.
The bill provides that citrus producers using site-specific nutrient management are required to
enroll in and implement certain applicable best management practices (BMPs) adopted by the
Department of Agriculture and Consumer Services (DACS). It also requires the University of
Florida Institute of Food and Agricultural Sciences to analyze the use of site-specific nutrient
management for crops other than citrus and crop rotations, develop a research plan and interim
recommendations for implementation of site-specific nutrient management, and submit a report
to the Governor and Legislature by December 31, 2022.
Citrus producers implementing site-specific nutrient management 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.
BILL: CS/CS/SB 1000 Page 2
The bill contains definitions for the terms “certified professional” and “site-specific nutrient
management” and associated legislative findings and intent provisions.
The bill provides that the subsection that describes the use of “site-specific nutrient
management” expires December 31, 2027. The bill also extends the expiration dates of the
“findings and intent,” “fees,” “use of funds,” “waiver of liability,” and “rulemaking” 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.
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
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).
BILL: CS/CS/SB 1000 Page 3
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
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 BMPs16 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
8
Id.
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).
BILL: CS/CS/SB 1000 Page 4
BMPs,19 and issues training certificates for BMPs that require licenses such as Green Industry
BMPs.20
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 records22 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:
Citrus26
Cow/Calf27
Dairy28
Equine29
Nurseries30
Poultry31
Sod32
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).
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).
BILL: CS/CS/SB 1000 Page 5
Specialty Fruit and Nut Crops33
Vegetable and Agronomic Crops34
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 research41 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
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).
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).
BILL: CS/CS/SB 1000 Page 6
achieving state water quality standards for nitrogen and phosphorus criteria,43 the statute
incentivizes BMP implementation in two ways: a waiver of liability provision44 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 law46 to recover any costs or damages associa