Bill Text: FL S0904 | 2022 | Regular Session | Introduced
Bill Title: Agricultural Practices
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Environment and Natural Resources [S0904 Detail]
Download: Florida-2022-S0904-Introduced.html
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.
