Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1294
       
       
       
       
       
       
                                Ì1146286Î114628                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2026           .                                
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       The Committee on Rules (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (7) through (14) are added to
    6  section 403.0855, Florida Statutes, to read:
    7         403.0855 Biosolids management.—
    8         (7)(a)Land application of bulk Class AA biosolids
    9  fertilizer and biosolids compost products may not exceed the
   10  appropriate agronomic rate. Land application of bulk Class AA
   11  biosolids fertilizer and biosolids compost products at or below
   12  the agronomic rate must be managed so that beneficial reuse,
   13  rather than biosolids disposal, is the primary objective as
   14  evidenced by the manner and circumstances of the application. As
   15  used in this subsection, the term “agronomic rate” means the
   16  nutrient application rate established using generally accepted,
   17  science-based nutrient management principles, including
   18  recommendations published by the University of Florida Institute
   19  of Food and Agricultural Sciences, which considers plant
   20  nutrient requirements; site-specific characteristics, including
   21  soil conditions; characteristics of the biosolids fertilizer or
   22  biosolids compost products, including nutrient release rates and
   23  soil amendment functions; other nutrient inputs applied to the
   24  site; and the protection of groundwater and surface water
   25  resources.
   26         (b)Bulk land application of biosolids, including Class AA
   27  biosolids, to the extent that such bulk land application
   28  constitutes disposal, is prohibited, and violations are subject
   29  to chapter 403. As used in this subsection, the term “disposal”
   30  means the bulk land application of biosolids, including any
   31  application exceeding the agronomic rate, when, considering the
   32  manner and circumstances of the application, the nutrients
   33  applied cannot reasonably be expected to be taken up by a crop
   34  or vegetative cover during the relevant growing season, and the
   35  application results in the discard of biosolids on the land
   36  application site.
   37         (8)(a)The owner or operator of a land application site at
   38  which bulk agricultural land application of biosolids fertilizer
   39  or biosolids compost products occurs shall maintain application
   40  records for at least 5 years. Such records must be made
   41  available to the department upon request and must include all of
   42  the following:
   43         1.The classification and characteristics of the biosolids
   44  applied to the land application site.
   45         2.The physical address of the land application site.
   46         3.The quantity of biosolids transported to the land
   47  application site and received by the owner or operator of the
   48  land application site.
   49         4.The date on which such biosolids were received by the
   50  owner or operator of the land application site.
   51         5.The name of the person or entity responsible for the
   52  transportation of the biosolids to the land application site.
   53         6.The quantity of biosolids applied and the portion or
   54  area of the site to which the biosolids are applied.
   55         7.The name of the person or entity responsible for the
   56  physical application of the biosolids on the land application
   57  site.
   58         8.The date on which land application of such biosolids
   59  occurred.
   60         (b)The department shall require that written notification
   61  of the recordkeeping requirements under paragraph (a) be
   62  provided to the owner or operator of the land application site
   63  at the time bulk Class AA biosolids are distributed for land
   64  application.
   65         (9)The recordkeeping requirements of subsection (8) do not
   66  apply to Class AA biosolids products that have a moisture
   67  content of 25 percent or less at the time of distribution for
   68  use in land application and that maintain a stable, discrete
   69  particulate or granular form during storage, handling, and land
   70  application. Any person who distributes such biosolids for use
   71  in land application shall maintain for at least 5 years and,
   72  upon request, provide to the department records identifying the
   73  characteristics and quantity of the biosolids distributed, the
   74  portion or area of the site to which the biosolids are applied,
   75  the date of distribution, and the recipient.
   76         (10)The department shall initiate rulemaking no later than
   77  November 1, 2026, to amend rule 62-640, Florida Administrative
   78  Code, to implement the provisions of this section relating to
   79  the bulk distribution and marketing of Class AA biosolids,
   80  including provisions addressing recordkeeping at the time Class
   81  AA biosolids are distributed or marketed in bulk.
   82         (11)The University of Florida Institute of Food and
   83  Agricultural Sciences shall, on a biennial basis, publish and
   84  make publicly available recommended agronomic rates for the
   85  beneficial reuse of bulk Class AA biosolids fertilizer and
   86  biosolids compost products. The initial publication must occur
   87  on or before November 1, 2027. The recommendations must be
   88  informed by a review of the scientific literature and applicable
   89  available agronomic guidance and must include, but need not be
   90  limited to, all of the following:
   91         (a)The characteristics of commonly produced biosolids
   92  products relevant to nutrient availability and environmental
   93  risk, including nutrient content, nutrient release
   94  characteristics, and physical form.
   95         (b)Recommended agronomic rate ranges or application
   96  approaches that account for crop type, soil conditions,
   97  environmental vulnerabilities, seasonal factors, and management
   98  practices.
   99         (c)The scientific basis and degree of supporting research
  100  for recommended agronomic rates, distinguishing recommendations
  101  suitable for general application from those requiring site
  102  specific evaluation.
  103         (d)Data gaps and product types, conditions, or practices
  104  for which additional field verification or research would
  105  improve future recommendations, including identification of
  106  relevant research priorities and associated resource
  107  considerations.
  108         (e)Best practices for on-the-ground implementation and
  109  verification consistent with agronomic principles.
  110         (12)A Class AA biosolids fertilizer product may not be
  111  marketed or distributed for agricultural land application unless
  112  the product meets all applicable requirements of chapter 576.
  113         (13)A Class AA biosolids compost product that does not
  114  claim any plant nutrients or beneficial plant growth properties,
  115  as described in s. 576.011(14), may not be marketed or
  116  distributed for agricultural land application unless the product
  117  is enrolled in and certified under the U.S. Composting Council
  118  Seal of Testing Assurance Program.
  119         (14)Class AA biosolids may not be used for agricultural
  120  land application unless, before land application, the product
  121  meets all applicable requirements of chapter 576 as a biosolids
  122  fertilizer product or meets the specifications of subsection
  123  (13).
  124         Section 2. This act shall take effect November 1, 2026.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete everything before the enacting clause
  129  and insert:
  130                        A bill to be entitled                      
  131         An act relating to biosolids management; amending s.
  132         403.0855, F.S.; prohibiting the land application of
  133         bulk Class AA biosolids fertilizer and compost
  134         products from exceeding the appropriate agronomic
  135         rate; specifying requirements for the management of
  136         the land application of bulk Class AA biosolids
  137         fertilizer and biosolids compost products at or below
  138         the agronomic rate; defining the term “agronomic
  139         rate”; prohibiting the bulk land application of
  140         biosolids when such bulk application constitutes
  141         disposal; defining the term “disposal”; requiring the
  142         owner or operator of certain land application sites to
  143         maintain application records for a specified timeframe
  144         and make such records available to the Department of
  145         Environmental Protection upon request; specifying
  146         requirements for such records; specifying that the
  147         department must require written notification of such
  148         recordkeeping requirements be provided to the owner or
  149         operator of such land at the time bulk Class AA
  150         biosolids are distributed for land application;
  151         providing that such recordkeeping requirements do not
  152         apply to certain biosolids; specifying requirements
  153         for the distribution of such biosolids; requiring the
  154         department to initiate rulemaking by a specified date;
  155         requiring the University of Florida Institute of Food
  156         and Agricultural Sciences, on a specified basis and
  157         beginning on a specified date, to publish and make
  158         publicly available recommended agronomic rates for the
  159         reuse of bulk Class AA biosolids fertilizer and
  160         compost products; specifying requirements for such
  161         recommendations; prohibiting Class AA biosolids
  162         fertilizer products and certain Class AA biosolids
  163         compost products from being marketed or distributed
  164         for agricultural land application unless specified
  165         requirements are met; prohibiting Class AA biosolids
  166         from being used for agricultural land application
  167         unless certain requirements are met; providing an
  168         effective date.