Senate Bill sb2358

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    Florida Senate - 2003                                  SB 2358

    By Senator Pruitt





    28-894B-03

  1                      A bill to be entitled

  2         An act relating to the Lake Okeechobee

  3         Watershed Phosphorus Control Program; creating

  4         s. 373.45951, F.S.; providing legislative

  5         findings and intent; authorizing the Department

  6         of Agriculture and Consumer Services to provide

  7         financial assistance to certain projects that

  8         benefit the program's intent; providing

  9         funding; providing for the adoption of rules;

10         requiring the department to submit an annual

11         report to the Governor and Legislature;

12         providing an effective date.

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

15  

16         Section 1.  Section 373.45951, Florida Statutes, is

17  created to read:

18         373.45951  Lake Okeechobee Watershed Phosphorus

19  Control.--

20         (1)(a)  The Legislature finds that in order to achieve

21  the goals and objectives of s. 373.4595, and to effectively

22  implement the Lake Okeechobee Watershed Phosphorus Control

23  Program pursuant to s. 373.4595(3)(c), the state must

24  expeditiously develop and implement comprehensive nutrient

25  management plans for dairies and other agricultural operations

26  that are contributing to the phosphorus loads from the Lake

27  Okeechobee watershed.

28         (b)  The Legislature further finds that dairies and

29  other agricultural operations within the Lake Okeechobee

30  watershed as defined in s. 373.4595(2)(i) are contributing

31  significantly to phosphorus loads within the watershed and

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    Florida Senate - 2003                                  SB 2358
    28-894B-03




 1  intends that dairies receive priority attention in

 2  implementing this section.

 3         (c)  The Legislature also finds that a continuing

 4  source of funding is needed to effectively implement a

 5  phosphorus control program that initially targets the most

 6  significant sources contributing to phosphorus loads within

 7  the watershed and that continues to address other sources as

 8  needed to achieve the phased phosphorus load reductions

 9  required by s. 373.4595.

10         (d)  It is therefore the intent of the Legislature to

11  provide funding on a continuing basis for the purpose of

12  implementing phosphorus control measures within the Lake

13  Okeechobee watershed.

14         (2)(a)  The Department of Agriculture and Consumer

15  Services may provide grants and loans for projects that reduce

16  phosphorus loads by improving the management of agricultural

17  phosphorus sources in the Lake Okeechobee watershed. Grants

18  may provide up to 75 percent of the costs of a project and

19  loans may be used for the balance of the costs. This financial

20  assistance must be administered in accordance with this

21  section and other applicable law. The Department of

22  Agriculture and Consumer Services may adopt rules to implement

23  this section, and, notwithstanding s. 18.10, may deposit funds

24  in financial institutions that earn less than the prevailing

25  rate for United States Treasury Securities with corresponding

26  maturities to enable such financial institutions to make

27  below-market interest rate loans to entities that receive

28  financial assistance under this section.

29         (b)  Projects shall be ranked based upon their

30  potential for phosphorus reduction and funded in priority

31  order. Project rankings shall be determined through a

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    Florida Senate - 2003                                  SB 2358
    28-894B-03




 1  comprehensive nutrient management assessment that determines

 2  discharge water quality for each project site. The Department

 3  of Agriculture and Consumer Services, in cooperation with the

 4  department and the South Florida Water Management District

 5  shall assign the highest priority to those projects that are

 6  located on sites that have the highest relative contributions

 7  to phosphorus loading and the greatest potential for

 8  phosphorus reductions, but may also consider the need to

 9  achieve regulatory compliance, the project's readiness to

10  proceed, and the availability of federal or other nonstate

11  funding, including public-private partnerships. Federal

12  funding shall be maximized to the greatest extent practicable.

13         (3)(a)  For fiscal year 2003-2004, $15 million of state

14  funds shall be deposited into the Lake Okeechobee Protection

15  Trust Fund created by s. 373.45952.

16         (b)  For each year of the 5 consecutive years beginning

17  in fiscal year 2004-2005, not less than $10 million of state

18  funds shall be deposited into the Lake Okeechobee Protection

19  Trust Fund.

20         (c)  Funds deposited pursuant to paragraphs (a) and (b)

21  shall be used by the appropriate coordinating agency, as

22  defined in s. 373.4595(2)(b), solely for the purposes set

23  forth in s. 373.4595(3)(c) and consistent with this section.

24         (4)  Each January 1, beginning in 2004, the department

25  shall submit to the Governor, the President of the Senate, and

26  the Speaker of the House of Representatives an annual progress

27  report regarding implementation of this section. The report

28  must include a prioritized list of projects funded pursuant to

29  this section, indicating which projects have been completed

30  and their costs and which projects are yet to be completed and

31  

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    Florida Senate - 2003                                  SB 2358
    28-894B-03




 1  their estimated costs. This report may be incorporated into

 2  the annual report required pursuant to s. 373.4595(3)(g).

 3         Section 2.  This act shall take effect July 1, 2003.

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 6                          SENATE SUMMARY

 7    Provides for the Department of Agriculture and Consumer
      Services to provide financial assistance for certain
 8    projects that improve the management of phosphorus
      sources in the Lake Okeechobee Watershed. Provides
 9    guidelines for the implementation of such assistance.
      Requires a report.
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