HB 1463 2003
1	A bill to be entitled
2	An act relating to the Lake Okeechobee Watershed
3	Phosphorus Control Program; creating s. 373.45951, F.S.;
4	providing legislative findings and intent; authorizing the
5	Department of Agriculture and Consumer Services to provide
6	financial assistance to certain projects that benefit the
7	program's intent; providing funding; providing for the
8	adoption of rules; requiring the department to submit an
9	annual report to the Governor and Legislature; providing
10	an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 373.45951, Florida Statutes, is created
15	to read:
16	373.45951 Lake Okeechobee Watershed Phosphorus Control.--
17	(1)(a) The Legislature finds that in order to achieve the
18	goals and objectives of s. 373.4595, and to effectively
19	implement the Lake Okeechobee Watershed Phosphorus Control
20	Program pursuant to s. 373.4595(3)(c), the state must
21	expeditiously develop and implement comprehensive nutrient
22	management plans for dairies and other agricultural operations
23	that are contributing to the phosphorus loads from the Lake
24	Okeechobee watershed.
25	(b) The Legislature further finds that dairies and other
26	agricultural operations within the Lake Okeechobee watershed as
27	defined in s. 373.4595(2)(i) are contributing significantly to
28	phosphorus loads within the watershed and intends that dairies
29	receive priority attention in implementing this section.
30	(c) The Legislature also finds that a continuing source of
31	funding is needed to effectively implement a phosphorus control
32	program that initially targets the most significant sources
33	contributing to phosphorus loads within the watershed and that
34	continues to address other sources as needed to achieve the
35	phased phosphorus load reductions required by s. 373.4595.
36	(d) It is therefore the intent of the Legislature to
37	provide funding on a continuing basis for the purpose of
38	implementing phosphorus control measures within the Lake
39	Okeechobee watershed.
40	(2)(a) The Department of Agriculture and Consumer Services
41	may provide grants and loans for projects that reduce phosphorus
42	loads by improving the management of agricultural phosphorus
43	sources in the Lake Okeechobee watershed. Grants may provide up
44	to 75 percent of the costs of a project, and loans may be used
45	for the balance of the costs. This financial assistance must be
46	administered in accordance with this section and other
47	applicable law. The Department of Agriculture and Consumer
48	Services may adopt rules to implement this section.
49	Notwithstanding s. 18.10, the Department of Agriculture and
50	Consumer Services may deposit funds in financial institutions
51	that earn less than the prevailing rate for United States
52	Treasury securities with corresponding maturities to enable such
53	financial institutions to make below-market interest rate loans
54	to entities that receive financial assistance under this
55	section.
56	(b) Projects shall be ranked based upon their potential
57	for phosphorus reduction and funded in priority order. Project
58	rankings shall be determined through a comprehensive nutrient
59	management assessment that determines discharge water quality
60	for each project site. The Department of Agriculture and
61	Consumer Services, in cooperation with the department and the
62	South Florida Water Management District, shall assign the
63	highest priority to those projects that are located on sites
64	that have the highest relative contributions to phosphorus
65	loading and the greatest potential for phosphorus reductions,
66	but may also consider the need to achieve regulatory compliance,
67	the project's readiness to proceed, and the availability of
68	federal or other nonstate funding, including public-private
69	partnerships. Federal funding shall be maximized to the greatest
70	extent practicable.
71	(3)(a) For fiscal year 2003-2004, $15 million of state
72	funds shall be deposited into the Lake Okeechobee Protection
73	Trust Fund created by s. 373.45952.
74	(b) For each year of the 5 consecutive years beginning in
75	fiscal year 2004-2005, not less than $10 million of state funds
76	shall be deposited into the Lake Okeechobee Protection Trust
77	Fund.
78	(c) Funds deposited pursuant to paragraphs (a) and (b)
79	shall be used by the appropriate coordinating agency, as defined
80	in s. 373.4595(2)(b), solely for the purposes set forth in s.
81	373.4595(3)(c) and consistent with this section.
82	(4) Each January 1, beginning in 2004, the Department of
83	Agriculture and Consumer Services shall submit to the Governor,
84	the President of the Senate, and the Speaker of the House of
85	Representatives an annual progress report regarding
86	implementation of this section. The report must include a
87	prioritized list of projects funded pursuant to this section,
88	indicating which projects have been completed and the projects'
89	costs and which projects are yet to be completed and the
90	projects' estimated costs. This report may be incorporated into
91	the annual report required pursuant to s. 373.4595(3)(g).
92	Section 2. This act shall take effect July 1, 2003.