Senate Bill sb1380
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Florida Senate - 2001 SB 1380
By Senator Laurent
17-864-01
1 A bill to be entitled
2 An act relating to public records; amending s.
3 403.067, F.S.; providing exemptions from public
4 records requirements for individual
5 agricultural records that are reported to the
6 Department of Agriculture and Consumer
7 Services; providing for future review and
8 repeal; providing findings of public necessity;
9 providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (d) of subsection (7) of section
14 403.067, Florida Statutes, is amended to read:
15 403.067 Establishment and implementation of total
16 maximum daily loads.--
17 (7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
18 (d) The Department of Agriculture and Consumer
19 Services may develop and adopt by rule pursuant to ss.
20 120.536(1) and 120.54 suitable interim measures, best
21 management practices, or other measures necessary to achieve
22 the level of pollution reduction established by the department
23 for agricultural pollutant sources in allocations developed
24 pursuant to paragraph (6)(b). These practices and measures may
25 be implemented by those parties responsible for agricultural
26 pollutant sources and the department, the water management
27 districts, and the Department of Agriculture and Consumer
28 Services shall assist with implementation. Where interim
29 measures, best management practices, or other measures are
30 adopted by rule, the effectiveness of such practices in
31 achieving the levels of pollution reduction established in
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Florida Senate - 2001 SB 1380
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1 allocations developed by the department pursuant to paragraph
2 (6)(b) shall be verified by the department. Implementation,
3 in accordance with applicable rules, of practices that have
4 been verified by the department to be effective at
5 representative sites shall provide a presumption of compliance
6 with state water quality standards and release from the
7 provisions of s. 376.307(5) for those pollutants addressed by
8 the practices, and the department is not authorized to
9 institute proceedings against the owner of the source of
10 pollution to recover costs or damages associated with the
11 contamination of surface or ground water caused by those
12 pollutants. In the process of developing and adopting rules
13 for interim measures, best management practices, or other
14 measures, the Department of Agriculture and Consumer Services
15 shall consult with the department, the Department of Health,
16 the water management districts, representatives from affected
17 farming groups, and environmental group representatives. Such
18 rules shall also incorporate provisions for a notice of intent
19 to implement the practices and a system to assure the
20 implementation of the practices, including recordkeeping
21 requirements. Where water quality problems are detected
22 despite the appropriate implementation, operation, and
23 maintenance of best management practices and other measures
24 according to rules adopted under this paragraph, the
25 Department of Agriculture and Consumer Services shall
26 institute a reevaluation of the best management practice or
27 other measure. Individual agricultural records relating to
28 processes or methods of production or relating to costs of
29 production, profits, or other financial information which are
30 otherwise not public records and which are reported to the
31 Department of Agriculture and Consumer Services pursuant to
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Florida Senate - 2001 SB 1380
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1 this paragraph or any rule adopted pursuant to this paragraph
2 are confidential and exempt from the provisions of s.
3 119.07(1) and s. 24(a), Art. I of the State Constitution. This
4 is subject to the Open Government Sunset Review Act of 1995 in
5 accordance with s. 119.15 and shall stand repealed October 2,
6 2006, unless reviewed and saved from repeal through
7 reenactment by the Legislature.
8 Section 2. The Legislature finds that the exemption
9 from public records requirements provided in section
10 403.067(7)(d), Florida Statutes, is a public necessity and
11 that it would be an invasion of the right of privacy of the
12 person reporting such information.
13 Section 3. This act shall take effect upon becoming a
14 law.
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17 SENATE SUMMARY
18 Provides an exemption from public records requirements
for individual agricultural records that are reported to
19 the Department of Agriculture and Consumer Services.
Provides for future review and repeal. Provides a finding
20 of public necessity.
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