Florida Senate - 2026 CS for CS for CS for SB 1294
By the Committee on Rules; the Appropriations Committee on
Agriculture, Environment, and General Government; the Committee
on Environment and Natural Resources; and Senator Bradley
595-03181-26 20261294c3
1 A bill to be entitled
2 An act relating to biosolids management; amending s.
3 403.0855, F.S.; prohibiting the land application of
4 bulk Class AA biosolids fertilizer and compost
5 products from exceeding the appropriate agronomic
6 rate; specifying requirements for the management of
7 the land application of bulk Class AA biosolids
8 fertilizer and biosolids compost products at or below
9 the agronomic rate; defining the term “agronomic
10 rate”; prohibiting the bulk land application of
11 biosolids when such bulk application constitutes
12 disposal; defining the term “disposal”; requiring the
13 owner or operator of certain land application sites to
14 maintain application records for a specified timeframe
15 and make such records available to the Department of
16 Environmental Protection upon request; specifying
17 requirements for such records; specifying that the
18 department must require that written notification of
19 such recordkeeping requirements be provided to the
20 owner or operator of such land at the time bulk Class
21 AA biosolids are distributed for land application;
22 providing that such recordkeeping requirements do not
23 apply to certain biosolids; specifying requirements
24 for the distribution of such biosolids; requiring the
25 department to initiate rulemaking by a specified date;
26 requiring the University of Florida Institute of Food
27 and Agricultural Sciences, on a specified basis and
28 beginning on a specified date, to publish and make
29 publicly available recommended agronomic rates for the
30 reuse of bulk Class AA biosolids fertilizer and
31 compost products; specifying requirements for such
32 recommendations; prohibiting Class AA biosolids
33 fertilizer products and certain Class AA biosolids
34 compost products from being marketed or distributed
35 for agricultural land application unless specified
36 requirements are met; prohibiting Class AA biosolids
37 from being used for agricultural land application
38 unless certain requirements are met; providing an
39 effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsections (7) through (14) are added to
44 section 403.0855, Florida Statutes, to read:
45 403.0855 Biosolids management.—
46 (7)(a) Land application of bulk Class AA biosolids
47 fertilizer and biosolids compost products may not exceed the
48 appropriate agronomic rate. Land application of bulk Class AA
49 biosolids fertilizer and biosolids compost products at or below
50 the agronomic rate must be managed so that beneficial reuse,
51 rather than biosolids disposal, is the primary objective as
52 evidenced by the manner and circumstances of the application. As
53 used in this subsection, the term “agronomic rate” means the
54 nutrient application rate established using generally accepted,
55 science-based nutrient management principles, including
56 recommendations published by the University of Florida Institute
57 of Food and Agricultural Sciences, which considers plant
58 nutrient requirements; site-specific characteristics, including
59 soil conditions; characteristics of the biosolids fertilizer or
60 biosolids compost products, including nutrient release rates and
61 soil amendment functions; other nutrient inputs applied to the
62 site; and the protection of groundwater and surface water
63 resources.
64 (b) Bulk land application of biosolids, including Class AA
65 biosolids, to the extent that such bulk land application
66 constitutes disposal, is prohibited, and violations are subject
67 to chapter 403. As used in this subsection, the term “disposal”
68 means the bulk land application of biosolids, including any
69 application exceeding the agronomic rate, when, considering the
70 manner and circumstances of the application, the nutrients
71 applied cannot reasonably be expected to be taken up by a crop
72 or vegetative cover during the relevant growing season, and the
73 application results in the discard of biosolids on the land
74 application site.
75 (8)(a) The owner or operator of a land application site at
76 which bulk agricultural land application of biosolids fertilizer
77 or biosolids compost products occurs shall maintain application
78 records for at least 5 years. Such records must be made
79 available to the department upon request and must include all of
80 the following:
81 1. The classification and characteristics of the biosolids
82 applied to the land application site.
83 2. The physical address of the land application site.
84 3. The quantity of biosolids transported to the land
85 application site and received by the owner or operator of the
86 land application site.
87 4. The date on which such biosolids were received by the
88 owner or operator of the land application site.
89 5. The name of the person or entity responsible for the
90 transportation of the biosolids to the land application site.
91 6. The quantity of biosolids applied and the portion or
92 area of the site to which the biosolids are applied.
93 7. The name of the person or entity responsible for the
94 physical application of the biosolids on the land application
95 site.
96 8. The date on which land application of such biosolids
97 occurred.
98 (b) The department shall require that written notification
99 of the recordkeeping requirements under paragraph (a) be
100 provided to the owner or operator of the land application site
101 at the time bulk Class AA biosolids are distributed for land
102 application.
103 (9) The recordkeeping requirements of subsection (8) do not
104 apply to Class AA biosolids products that have a moisture
105 content of 25 percent or less at the time of distribution for
106 use in land application and that maintain a stable, discrete
107 particulate or granular form during storage, handling, and land
108 application. Any person who distributes such biosolids for use
109 in land application shall maintain for at least 5 years and,
110 upon request, provide to the department records identifying the
111 characteristics and quantity of the biosolids distributed, the
112 portion or area of the site to which the biosolids are applied,
113 the date of distribution, and the recipient.
114 (10) The department shall initiate rulemaking no later than
115 November 1, 2026, to amend rule 62-640, Florida Administrative
116 Code, to implement the provisions of this section relating to
117 the bulk distribution and marketing of Class AA biosolids,
118 including provisions addressing recordkeeping at the time Class
119 AA biosolids are distributed or marketed in bulk.
120 (11) The University of Florida Institute of Food and
121 Agricultural Sciences shall, on a biennial basis, publish and
122 make publicly available recommended agronomic rates for the
123 beneficial reuse of bulk Class AA biosolids fertilizer and
124 biosolids compost products. The initial publication must occur
125 on or before November 1, 2027. The recommendations must be
126 informed by a review of the scientific literature and applicable
127 available agronomic guidance and must include, but need not be
128 limited to, all of the following:
129 (a) The characteristics of commonly produced biosolids
130 products relevant to nutrient availability and environmental
131 risk, including nutrient content, nutrient release
132 characteristics, and physical form.
133 (b) Recommended agronomic rate ranges or application
134 approaches that account for crop type, soil conditions,
135 environmental vulnerabilities, seasonal factors, and management
136 practices.
137 (c) The scientific basis and degree of supporting research
138 for recommended agronomic rates, distinguishing recommendations
139 suitable for general application from those requiring site
140 specific evaluation.
141 (d) Data gaps and product types, conditions, or practices
142 for which additional field verification or research would
143 improve future recommendations, including identification of
144 relevant research priorities and associated resource
145 considerations.
146 (e) Best practices for on-the-ground implementation and
147 verification consistent with agronomic principles.
148 (12) A Class AA biosolids fertilizer product may not be
149 marketed or distributed for agricultural land application unless
150 the product meets all applicable requirements of chapter 576.
151 (13) A Class AA biosolids compost product that does not
152 claim any plant nutrients or beneficial plant growth properties,
153 as described in s. 576.011(14), may not be marketed or
154 distributed for agricultural land application unless the product
155 is enrolled in and certified under the U.S. Composting Council
156 Seal of Testing Assurance Program.
157 (14) Class AA biosolids may not be used for agricultural
158 land application unless, before land application, the product
159 meets all applicable requirements of chapter 576 as a biosolids
160 fertilizer product or meets the specifications of subsection
161 (13).
162 Section 2. This act shall take effect November 1, 2026.