Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1294
       
       
       
       
       
       
                                Ì145986]Î145986                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/27/2026           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Environment and Natural Resources (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) and (8) are added to section
    6  403.0855, Florida Statutes, to read:
    7         403.0855 Biosolids management.—
    8         (7)The land application of bulk Class AA biosolids
    9  fertilizer and compost products may not exceed the appropriate
   10  agronomic rate. Application records must be maintained by the
   11  land application site operator.
   12         (8)The University of Florida’s Institute of Food and
   13  Agricultural Sciences shall, on a biennial basis, publish and
   14  make publicly available the recommended agronomic rates for the
   15  beneficial reuse of bulk Class AA biosolids fertilizer and
   16  compost products based on predominant application practices.
   17         Section 2. Effective July 1, 2028, subsections (9) through
   18  (13) are added to section 403.0855, Florida Statutes, as amended
   19  by this act, to read:
   20         403.0855 Biosolids management.—
   21         (9)(a)Bulk Class AA biosolids or biosolids products may be
   22  distributed or marketed as fertilizer in accordance with chapter
   23  576 and may be land applied if such biosolids and products are
   24  transferred pursuant to a bona fide sale as fertilizer and meet
   25  all applicable labeling and registration requirements.
   26         (b)As used in this section, the term “bona fide sale”
   27  means a sale in which monetary consideration is paid for the
   28  biosolids fertilizer or biosolids compost product, and the
   29  amount paid bears a reasonable relationship to the fair market
   30  value of comparable marketable fertilizer or soil-amendment
   31  products. A nominal charge, an exchange arrangement, a transfer
   32  made to offset disposal costs, or a transfer in which the
   33  biosolids treatment facility compensates the recipient does not
   34  constitute a bona fide sale. A transaction does not constitute a
   35  bona fide sale if its price, structure, or associated payments
   36  are arranged for the purpose of avoiding compliance with
   37  paragraph (a) or subsection (10).
   38         (10)(a)Bulk Class AA biosolids compost products may be
   39  distributed or marketed as soil amendments in accordance with
   40  chapter 576 and may be land applied if such products are
   41  transferred pursuant to a bona fide sale and meet all applicable
   42  labeling and registration requirements.
   43         (b)Class AA biosolids compost products, if their labeling
   44  does not claim any plant nutrients or beneficial plant growth
   45  properties, are not required to be distributed or marketed as a
   46  soil amendment or a fertilizer, as those terms are defined in s.
   47  576.011, if the Class AA biosolids compost products are enrolled
   48  and certified under the U.S. Composting Council’s Seal of
   49  Testing Assurance program.
   50         (11)Bulk Class AA biosolids compost and fertilizer
   51  products that are not distributed, marketed, or sold through a
   52  bona fide sale as a fertilizer or soil amendment may be land
   53  applied only at land application sites expressly approved by the
   54  Department of Environmental Protection. This subsection does not
   55  apply to Class AA biosolids compost products enrolled and
   56  certified under the U.S. Composting Council’s Seal of Testing
   57  Assurance program.
   58         (12)The requirement for a bona fide sale does not apply to
   59  biosolids treatment facilities that own or control the land
   60  where the bulk Class AA fertilizer or compost biosolids products
   61  are being land applied; however, bulk Class AA products that are
   62  land applied on land owned or controlled by a biosolids
   63  treatment facility must still meet all applicable registration
   64  and labeling requirements before land application.
   65         (13)Subsections (9), (10), and (11) do not apply to sales
   66  or exchanges between importers, manufacturers, or licensees
   67  under s. 576.141.
   68         Section 3. Except as otherwise expressly provided in this
   69  act, this act shall take effect July 1, 2026.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Delete everything before the enacting clause
   74  and insert:
   75                        A bill to be entitled                      
   76         An act relating to biosolids management; amending s.
   77         403.0855, F.S.; prohibiting the land application of
   78         Class AA biosolids fertilizer and compost products
   79         from exceeding the appropriate agronomic rate;
   80         requiring the land application site operator to
   81         maintain application records; requiring the University
   82         of Florida’s Institute of Food and Agricultural
   83         Sciences to publish and make publicly available
   84         recommended agronomic rates for the reuse of bulk
   85         Class AA biosolids fertilizer and compost products,
   86         based on certain criteria; authorizing bulk Class AA
   87         biosolids or biosolids products to be distributed or
   88         marketed as fertilizer and land applied if specified
   89         requirements are met; defining the term “bona fide
   90         sale”; authorizing bulk Class AA biosolids compost
   91         products to be distributed or marketed as soil
   92         amendments and land applied if specified requirements
   93         are met; providing an exception; requiring that
   94         certain bulk Class AA biosolids compost and fertilizer
   95         products be land applied at land application sites
   96         approved by the Department of Environmental
   97         Protection; providing applicability; requiring certain
   98         bulk Class AA products that are land applied on
   99         certain lands meet certain requirements before land
  100         application; providing applicability; providing
  101         effective dates.