Read the full stored bill text
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)
L
and 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 Agricultur
al
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, whe
n
, 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
r
ule 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
P
rogram.
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 meet
s
the specifications of subsection
161
(13).
162 Section 2. This act shall take effect November 1, 2026.