House Bill hb0721er

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  2         An act relating to public records; amending s.

  3         403.067, F.S.; providing an exemption from

  4         public records requirements for certain

  5         individual agricultural records reported to the

  6         Department of Agriculture and Consumer Services

  7         in connection with its duties relating to

  8         pollution reduction under the total maximum

  9         daily load program for water bodies; providing

10         for future review and repeal; providing a

11         finding of public necessity; providing an

12         effective date.

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

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16         Section 1.  Paragraph (d) of subsection (7) of section

17  403.067, Florida Statutes, is amended to read:

18         403.067  Establishment and implementation of total

19  maximum daily loads.--

20         (7)  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

21         (d)1.  The Department of Agriculture and Consumer

22  Services may develop and adopt by rule pursuant to ss.

23  120.536(1) and 120.54 suitable interim measures, best

24  management practices, or other measures necessary to achieve

25  the level of pollution reduction established by the department

26  for agricultural pollutant sources in allocations developed

27  pursuant to paragraph (6)(b). These practices and measures may

28  be implemented by those parties responsible for agricultural

29  pollutant sources and the department, the water management

30  districts, and the Department of Agriculture and Consumer

31  Services shall assist with implementation. Where interim


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  1  measures, best management practices, or other measures are

  2  adopted by rule, the effectiveness of such practices in

  3  achieving the levels of pollution reduction established in

  4  allocations developed by the department pursuant to paragraph

  5  (6)(b) shall be verified by the department.  Implementation,

  6  in accordance with applicable rules, of practices that have

  7  been verified by the department to be effective at

  8  representative sites shall provide a presumption of compliance

  9  with state water quality standards and release from the

10  provisions of s. 376.307(5) for those pollutants addressed by

11  the practices, and the department is not authorized to

12  institute proceedings against the owner of the source of

13  pollution to recover costs or damages associated with the

14  contamination of surface or ground water caused by those

15  pollutants. In the process of developing and adopting rules

16  for interim measures, best management practices, or other

17  measures, the Department of Agriculture and Consumer Services

18  shall consult with the department, the Department of Health,

19  the water management districts, representatives from affected

20  farming groups, and environmental group representatives. Such

21  rules shall also incorporate provisions for a notice of intent

22  to implement the practices and a system to assure the

23  implementation of the practices, including recordkeeping

24  requirements. Where water quality problems are detected

25  despite the appropriate implementation, operation, and

26  maintenance of best management practices and other measures

27  according to rules adopted under this paragraph, the

28  Department of Agriculture and Consumer Services shall

29  institute a reevaluation of the best management practice or

30  other measure.

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    2001 Legislature                                  CS/CS/HB 721



  1         2.  Individual agricultural records relating to

  2  processes or methods of production, or relating to costs of

  3  production, profits, or other financial information which are

  4  otherwise not public records, which are reported to the

  5  Department of Agriculture and Consumer Services pursuant to

  6  this paragraph or pursuant to any rule adopted pursuant to

  7  this paragraph shall be confidential and exempt from s.

  8  119.07(1) and s. 24(a), Art. I of the State Constitution. Upon

  9  request of the department or any water management district,

10  the Department of Agriculture and Consumer Services shall make

11  such individual agricultural records available to that agency,

12  provided that the confidentiality specified by this

13  subparagraph for such records is maintained. This subparagraph

14  is subject to the Open Government Sunset Review Act of 1995 in

15  accordance with s. 119.15, and shall stand repealed on October

16  2, 2006, unless reviewed and saved from repeal through

17  reenactment by the Legislature.

18         Section 2.  The Legislature finds that it is a public

19  necessity that individual agricultural records as specified in

20  s. 403.067(7)(d)2., Florida Statutes, be kept confidential and

21  exempt when held by the Department of Agriculture and Consumer

22  Services pursuant to the authority granted under said section.

23  Individual agricultural records relating to processes or

24  methods of production and to costs of production, profits, or

25  other financial information submitted to the Department of

26  Agriculture and Consumer Services contain sensitive business

27  and financial information. Disclosure of such records would

28  negatively impact the business interests of those providing

29  the department with such records and individuals disclosing

30  such records would hesitate to cooperate with that agency,

31  which would impair the effective and efficient administration


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  1  of governmental functions. Individual agricultural records

  2  relating to processes or methods of production and to costs of

  3  production, profits, or other financial information are

  4  sensitive, proprietary business information, the release of

  5  which would give competitors an unfair economic advantage.

  6  Thus, the public and private harm in releasing such

  7  information substantially outweighs the minimal public benefit

  8  derived therefrom.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

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