Senate Bill 2272c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                           CS for SB 2272

    By the Committee on Natural Resources and Senator McKay





    312-1988-98

  1                      A bill to be entitled

  2         An act relating to red tide research and

  3         mitigation; establishing a Harmful-Algal-Bloom

  4         Task Force; providing for task force membership

  5         and duties; providing legislative intent;

  6         providing program goals; providing criteria for

  7         procurement of contractual services; providing

  8         an appropriation; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  (1)  There is established a

13  Harmful-Algal-Bloom Task Force for the purpose of determining

14  research, monitoring, control, and mitigation strategies for

15  red tide and other harmful algal blooms in Florida waters. The

16  Secretary of Environmental Protection shall appoint to the

17  task force scientists, engineers, economists, members of

18  citizen groups, and members of government. The task force

19  shall determine research and monitoring priorities and control

20  and mitigation strategies and make recommendations to the

21  Department of Environmental Protection by October 1, 1998, for

22  using funds as provided in this act.

23         (2)  The Harmful-Algal-Bloom Task Force shall:

24         (a)  Review the status and adequacy of information for

25  monitoring physical, chemical, biological, economic, and

26  public health factors affecting harmful algal blooms in

27  Florida;

28         (b)  Develop research and monitoring priorities for

29  harmful algal blooms in Florida, including detection,

30  prediction, mitigation, and control;

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 2272
    312-1988-98




  1         (c)  Develop recommendations that can be implemented by

  2  state and local governments to develop a response plan and to

  3  predict, mitigate, and control the effects of harmful algal

  4  blooms; and

  5         (d)  Make recommendations to the department by October

  6  1, 1998, for research, detection, monitoring, prediction,

  7  mitigation, and control of harmful algal blooms in Florida.

  8         (3)  After the completion of the tasks specified in

  9  subsection (2), the Harmful-Algal-Bloom Task Force may be

10  continued at the pleasure of the secretary.

11         Section 2.  (1)(a)  The Department of Environmental

12  Protection shall implement a program designed to increase the

13  knowledge of factors that control harmful algal blooms,

14  including red tide, and to gain knowledge to be used for the

15  early detection of factors precipitating harmful algal blooms,

16  for accurate prediction of the extent and seriousness of

17  harmful algal blooms, and for undertaking successful efforts

18  to control and mitigate the effects of harmful algal blooms.

19         (b)  The Legislature intends that this program enhance

20  and address areas that are not adequately covered in the

21  cooperative federal-state program known as Ecology and

22  Oceanography of Harmful Algal Blooms (ECOHAB-Florida), which

23  includes the University of South Florida, Mote Marine

24  Laboratory, and the Department of Environmental Protection.

25         (c)  The goal of this program is to enable resource

26  managers to assess the potential for public health damage and

27  economic damage from a given bloom and to undertake control

28  and mitigation efforts through the development and application

29  of an integrated detection and prediction network for

30  monitoring and responding to the development and movement of

31  harmful algal blooms in Florida waters.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 2272
    312-1988-98




  1         (2)  A financial disbursement program is created within

  2  the Department of Environmental Protection to implement the

  3  provisions of this act. Under the program, the department

  4  shall provide funding and technical assistance to government

  5  agencies, research universities, coastal local governments,

  6  and organizations with scientific and technical expertise

  7  including, but not limited to the Mote Marine Laboratory, the

  8  Harbor Branch Oceanographic Institute, and the University of

  9  Miami, for the purposes of harmful-algal-bloom research,

10  economic impact study, monitoring, detection, control, and

11  mitigation. The program may be funded from state, federal, and

12  private contributions.

13         (3)  The department shall expend funds based on the

14  priorities established by the task force and as described in

15  section 3. Contractual services procured under this section

16  are not subject to the provisions of section 287.057, Florida

17  Statutes. Contracts shall be awarded based on the following

18  criteria:

19         (a)  Priorities established by the Harmful-Algal-Bloom

20  Task Force;

21         (b)  Availability of state, federal, and other funding

22  to accomplish the work;

23         (c)  The commitment of the government agency or

24  authorized nonprofit organization to provide funds or other

25  support for the activity;

26         (d)  The ability of the entity to conduct the work

27  using established scientific protocol either independently or

28  in collaboration with research or governmental entities.

29         Section 3.  There is appropriated from the General

30  Revenue Fund to the Department of Environmental Protection for

31  fiscal year 1998-1999 the additional sum of $3 million to

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 2272
    312-1988-98




  1  carry out the purposes of this act. From these funds, the sum

  2  of $1.5 million shall be provided to the ECOHAB-Florida

  3  partnership to fund the unmet needs of the ECOHAB-Florida

  4  Program, half of which shall be provided to the Mote Marine

  5  Laboratory for these purposes. Up to $50,000 shall be used by

  6  the department to support the travel and document production

  7  costs of the Harmful-Algal-Bloom Task Force. The remaining

  8  funds may be used for contracts as provided in section 2,

  9  which may include enhancement of remote sensing capabilities

10  for harmful algal blooms in the State of Florida and a study

11  of the economic impact of typical financial losses associated

12  with a red tide bloom in Florida using the blooms that

13  occurred in 1995-1996 as a model.

14         Section 4.  No rules shall be required to implement

15  this act.

16         Section 5.  This act shall take effect July 1, 1998.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 2272
    312-1988-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2272

  3

  4  The committee substitute establishes a Harmful-Algal-Bloom
    Task Force. Requires the task force to determine research and
  5  monitoring priorities and control and mitigation strategies
    for harmful algal blooms and make recommendations to the
  6  Department of Environmental Protection for using funds in this
    bill by October 1, 1998. Also, requires the department to
  7  provide funding and technical assistance to government
    agencies, research universities, coastal local governments and
  8  organizations with scientific and technical expertise
    including but not limited to Mote Marine Laboratory, Harbor
  9  Branch Oceanographic Institute, and the University of Miami
    for research purposes.  Provides criteria for the procurement
10  of contractual services under the program.

11  The committee substitute requires that $1.5 million of the $3
    million appropriation from the General Revenue Fund to the
12  department be provided to the ECOHAB-Florida partnership, half
    of which shall go to Mote Marine Laboratory to fund the unmet
13  needs of the ECOHAB-Florida program. Stipulates that up to
    $50,000 shall be used by the department to support the task
14  force's travel and document production costs. Provides that
    remaining funds may be used for contracts authorized under
15  section 2 of the bill, which may include enhancement of remote
    sensing capabilities for harmful algal blooms and an economic
16  impact study of the financial losses associated with red tide
    blooms in Florida using the 1995-1996 blooms as a model.
17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5