HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1291 Nutrient Application Rates
SPONSOR(S): State Affairs Committee, Environment, Agriculture & Flooding Subcommittee, McClure
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1000
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding 14 Y, 4 N, As CS Mamontoff Moore
Subcommittee
2) Appropriations Committee 22 Y, 1 N White Pridgeon
3) State Affairs Committee 23 Y, 0 N, As CS Mamontoff Williamson
SUMMARY ANALYSIS
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. BMPs are designed to improve water quality while maintaining agricultural production. Current law
requires agricultural producers to reduce their impacts to water quality through the implementation of
applicable BMPs adopted by the Department of Agriculture and Consumer Services (DACS). The University of
Florida’s Institute of Food and Agricultural Sciences (UF/IFAS) is heavily involved in the adoption and
implementation of BMPs and provides recommendations for nutrient application rates to DACS that focus on
production yield and profit.
The bill authorizes citrus producers to use site-specific nutrient management, which is the application of
nutrients at a different rate than the published nutrient application rates under certain circumstances. The bill
authorizes the use of site-specific nutrient management when recommended nutrient application rates
published by UF/IFAS or other post-secondary institutions with 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. The use of site-specific nutrient management
is authorized only when a certified professional makes a written determination that the published nutrient
application rates are not appropriate for the specific producer.
The bill requires citrus producers that utilize site-specific nutrient management to enroll in and implement all
other BMPs adopted by DACS and identified in the notice of intent required for enrollment.
The bill directs UF/IFAS to analyze 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 an annual report to the Governor and Legislature by June 30 each year, beginning in
2023.
The bill provides an expiration date of June 30, 2026, for the provision authorizing the use of site-specific
nutrient management by citrus producers, and extends the expiration dates for several other statutory
provisions related to fertilization management, which are currently scheduled to expire on December 31, 2022,
to December 31, 2027.
The bill may have a positive fiscal impact on the state, but does not have a fiscal impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/24/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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:
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. 3
The Department of Agriculture and Consumer Services (DACS) develops and adopts BMPs by rule for
different types of agricultural commodities.4 Existing law provides for agricultural producers to reduce
the impacts to water quality through the implementation of applicable BMPs adopted by DACS. 5
The Department of Environmental Protection (DEP) develops total maximum daily loads (TMDLs) for
waterbodies that have been found to be impaired.6 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.7
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. A BMAP
also identifies strategies to address the pollutant reductions required to achieve the TMDL. 8
“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.9 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. The latter can be very expensive.10
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 Jan. 21, 2022); 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 Id.
4 DACS, Agricultural Best Management Practices, https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-
Management-Practices (last visited Jan. 24, 2022).
5 Id.; see also s. 576.045, F.S.
6 DACS, Agricultural Best Management Practices, https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-
Management-Practices (last visited Jan. 24, 2022).
7 Id.
8 Id.
9 Id.
10 UF/IFAS, Agricultural Best Management Practices – About BMPs, http://bmp.ifas.ufl.edu/about-bmps/ (last visited Jan
21, 2022).
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To enroll in the BMP program, agricultural producers must meet with DACS’s Office of Agricultural
Water Policy (OAWP) and submit a notice of intent to implement the BMPs.11 These producers are then
subject to inspection and recordkeeping requirements. 12 After verification by DEP, producers
implementing BMPs receive a presumption of compliance with state water quality standards for the
pollutants addressed by the BMPs, and those who enroll become eligible for technical assistance and
cost-share funding for BMP implementation.13 According to the DACS annual report on BMPs,
approximately 62 percent of agricultural acreage in the state is already enrolled in the BMP program.14
The University of Florida’s Institute of Food and Agricultural Sciences (UF/IFAS) is heavily involved in
the adoption and implementation of BMPs.15 UF/IFAS provides expertise to DACS and agricultural
producers, conducts research to issue recommendations for improvements, and issues training
certificates for BMPs that require licenses.
DACS is required to perform onsite inspections of agricultural producers enrolled in BMPs at least
every two years to ensure that BMPS are being properly implemented.16 DACS is also required to
collect and retain nutrient application records and provide these records to DEP. 17
Nutrient Management
Since the BMP program was implemented in 1999, DACS has adopted and incorporated by reference
the following 10 BMP manuals that cover all major agricultural commodities in Florida:
Citrus 18
Cow/Calf19
Dairy20
Equine21
Nurseries 22
Poultry23
11 Section 403.067(7)(c)2., F.S.; see Fla. Admin. Code R. 5M-8.002, 5M-8.004, 5M-8.006.
12 Section 403.067(7)(c)2., F.S.; see Fla. Admin. Code R. 5M-8.006.
13 Section 403.067(7)(c)3., F.S.
14 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/ezs3downlaod/downlaod/98328/2665697/Media/Files/Agricult ural -Water-Policy-Files/BMP-
Implementation/2021-status-of-bmp-implementation-report.pdf (last visited Jan 24, 2022).
15 UF/IFAS, Agricultural Best Management Practices – About BMPs, http://bmp.ifas.ufl.edu/about-bmps/ (last visited Jan
21, 2022).
16 Section 403.067(7)(d)3., F.S.
17 Id
18 Fla. Admin. Code R. 5M-16.001; DACS, Water Quality/Quantity Best Practices for Citrus (2012 Edition), DACS -P-
01756, available at https://www.fdacs.gov/ezs3download/ download/25410/516289/Bmp_FloridaCitrus2012.pdf (last
visited Jan 24, 2022).
19 Fla. Admin. Code R. 5M-11.002; DACS, Water Quality/Quantity Best Practices for Florida Cow/Calf Operations (2008
Edition), DACS P-01280, available at
https://www.fdacs.gov/ezs3download/do wnlaod/64582/1525731/Media?Files/Agricultural-W ater-Policy-Files/Best-
Management-Practices/dairyBMPFinal.pdf (last visited Jan. 24, 2022).
20 Fla. Admin. Code R. 5M-17.001; DACS, Water Quality/Quantity Best Practices for Florida Dairy Operations (2015
Edition), FDACS-P-02008, available at
https://www.fdacs.gov/ezs3download/download64582/1525731/Media/Files/Agricultural -Water-Policy-Files/Best-
Management-Practices/dairyBMPFianlpdf (last visited Jan. 24, 2022).
21 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/downlaod/30687/file/equineBMP-
lores.pdf (last visited Jan. 24, 2022).
22 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. 24, 2022).
23 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. 24, 2022).
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Sod24
Specialty Fruit and Nut Crops 25
Vegetable and Agronomic Crops 26
Wildlife (state Imperiled Species)27
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 BMP 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.28
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 run-off or leach through soils
into groundwater.29 Accordingly, the Citrus BMP Manual includes recommended nutrient application
rates for nitrogen and phosphorous. The recommended rates are based on normal, healthy tree
development based on the age of the tree; however, where disease, salinity, or other factors inhibit
normal tree development, fertilizer application should be adjusted accordingly. 30
Nutrient Application Rates
UF/IFAS publishes recommended nutrient application rates based on scientific rate studies that focus
on production yield and profit. Depending on the crop and soils, natural fertility may not provide
adequate levels of all required nutrients for desired plant growth. 31 Fertilizers are used to provide
additional nutrients in order to achieve economical crop production. In order to attain adequate nutrients
for crop production while minimizing the risk of loss of nutrients to the environment, attention must be
given to the four major soil fertilization factors: right source, right rate, right placement, and right timing.
These factors, known as the 4Rs, should be evaluated when reviewing soil testing results to develop a
personalized, integrated approach to nutrient management that makes efficient use of fertilizer
investment for crop production and for environmental protection. 32 The rate of fertilizer is a part of the
overall nutrient management program. The recommended rates have been determined to provide
adequate nutrient amounts even under highest yield potentials. Rate recommendations may change
depending on new research.33
DACS adopts the nutrient application rates published by UF/IFAS as part of the BMP manuals and
requires adherence to those rates as well as the implementation of additional mitigating BMPs to
ensure that nutrients are being utilized in the most efficient manner possible.
24 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. 24, 2022).
25 Fla. Admin. Code R. 5M-13.002; DACS, Water Quality/Quantity Best Management Practices for Florida Specialty Fruit
and But Crops (2011 Edition), DACS P-01589, available at
https://www.fdacs.gov/ezs3download/download25409/516288/Bmp_FloridaS pecialtyFruit Nut2011. pdf (last visited Jan . 24,
2022).
26 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/ezs3download/download/77230/ file/ vegA gCropBMP -loRed.pdf (last visited Jan. 24, 2022).
27 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. 24, 2022).
28 DACS, Water Quality/Quantity Best Management Practices for Citrus (2021), DACS -P-01756, at 13-17, available at
https://www.fdacs.gov/ezs3download/download/25410/516289/Bmp_FloridaCitrus2012. pdf (last vi sited Jan 24, 2022).
29 Id. at 4.
30 Id. at 16-17.
31 UF/IFAS, Standardized Nutrient Recommendations for Vegetable Crop Production in Florida,
https://edis.ifas.ufl.edu/publication/CV002 (last visited Jan. 31, 2022).
32 Id.
33 Id.
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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.34 The goals outlined in the statute include supporting BMP-related research and incentivizing
BMP implementation by the agriculture industry and other major uses of fertilizer. 35 The statute
authorizes DACS to impose and collect fees in support of various activities connected to achieving
state water quality standards for nitrogen and phosphorous criteria. 36 It also incentives BMP
implementation in two ways: a waiver of liability provision37 and a presumption of compliance
provision.38
The waiver of liability provision prohibits DEP from instituting proceedings against any person or the
federal government under existing law 39 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.40 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;41 or
No longer apply fertilizers or other soil-applied nutritional materials containing nitrogen or
phosphorus.42
The presumption o