Senate Bill 2038

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    Florida Senate - 1999                                  SB 2038

    By Senator Carlton





    24-1052A-99

  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, 1999, 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

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    Florida Senate - 1999                                  SB 2038
    24-1052A-99




  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, 1999, 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 Florida Marine Research

12  Institute 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 to

18  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 marine and estuarine waters.

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    Florida Senate - 1999                                  SB 2038
    24-1052A-99




  1         (2)  A financial disbursement program is created within

  2  the Florida Marine Research Institute to implement the

  3  provisions of this act. Under the program, the institute shall

  4  provide funding and technical assistance to government

  5  agencies, research universities, coastal local governments,

  6  and organizations with scientific and technical expertise for

  7  the purposes of harmful-algal-bloom research, economic impact

  8  study, monitoring, detection, control, and mitigation. The

  9  program may be funded from state, federal, and private

10  contributions.

11         (3)  The institute shall expend funds based on the

12  priorities established by the task force and as described in

13  section 3. Contractual services procured under this section

14  and section 3 are not subject to the provisions of section

15  287.057, Florida Statutes. Contracts shall be awarded based on

16  the following criteria:

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

18  Task Force;

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

20  to accomplish the work;

21         (c)  The commitment of the government agency or

22  authorized nonprofit organization to provide funds or other

23  support for the activity;

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

25  using established scientific protocol either independently or

26  in collaboration with research or governmental entities.

27         Section 3.  (1)  There is appropriated from the General

28  Revenue Fund to the Florida Marine Research Institute for

29  fiscal year 1999-2000 an additional sum of $3 million to carry

30  out the purposes of this act. From these funds $1 million

31  shall be used for continuation of the harmful-algal-bloom

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    Florida Senate - 1999                                  SB 2038
    24-1052A-99




  1  contracts let to universities (University of Florida,

  2  University of Miami), governmental agencies (National Oceanic

  3  and Atmospheric Administration, Food and Drug Administration,

  4  St. Johns River Water Management District, Florida Department

  5  of Health), private laboratories (Mote Marine Laboratory,

  6  Woods Hole Oceanographic Institution), and a citizens group

  7  (Solutions to Avoid Red Tide) in 1998-1999 in order to bring

  8  these ten studies to completion. These contracts should

  9  promote state, federal, and private partnerships. No more than

10  $75,000 may be used by the Florida Marine Research Institute

11  for technical administration of these contracts. Up to $50,000

12  shall be used by the institute to support the travel and

13  document-production costs of the Harmful-Algal-Bloom Task

14  Force.

15         (2)  From the remaining $2 million appropriated by this

16  section, half shall be provided to Mote Marine Laboratory and

17  half to the Florida Marine Research Institute for a

18  cooperative harmful-algal-bloom study to address areas of

19  critical need.

20         Section 4.  Rules are not required to implement this

21  act.

22         Section 5.  This act shall take effect July 1, 1999.

23

24            *****************************************

25                          SENATE SUMMARY

26    Establishes a Harmful-Algal-Bloom Task Force. Requires
      the task force to determine research and monitoring
27    priorities and control and mitigation strategies for
      harmful algal blooms and make recommendations to the
28    Department of Environmental Protection for using funds by
      October 1, 1999. Requires the Florida Marine Research
29    Institute to provide funding and technical assistance to
      government agencies, research universities, coastal local
30    governments, and organizations with scientific and
      technical expertise for research purposes. Provides
31    criteria for the procurement of contractual services
      under the program. Provides an appropriation.
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