Senate Bill sb1212

    Florida Senate - 2006                                  SB 1212

    By the Committee on Agriculture





    575-162-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         403.067, F.S., relating to an exemption from

  5         public-records requirements provided for

  6         individual agricultural records of processes,

  7         methods of production, and costs which are not

  8         otherwise public records and which are reported

  9         to the Department of Agriculture and Consumer

10         Services; saving the exemption from repeal

11         under the Open Government Sunset Review Act;

12         deleting provisions providing for the repeal of

13         the exemption; providing an effective date.

14  

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

16  

17         Section 1.  Paragraph (c) of subsection (7) of section

18  403.067, Florida Statutes, is amended to read:

19         403.067  Establishment and implementation of total

20  maximum daily loads.--

21         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

22  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

23         (c)  Best management practices.--

24         1.  The department, in cooperation with the water

25  management districts and other interested parties, as

26  appropriate, may develop suitable interim measures, best

27  management practices, or other measures necessary to achieve

28  the level of pollution reduction established by the department

29  for nonagricultural nonpoint pollutant sources in allocations

30  developed pursuant to subsection (6) and this subsection.

31  These practices and measures may be adopted by rule by the

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    Florida Senate - 2006                                  SB 1212
    575-162-06




 1  department and the water management districts pursuant to ss.

 2  120.536(1) and 120.54, and, where adopted by rule, shall be

 3  implemented by those parties responsible for nonagricultural

 4  nonpoint source pollution.

 5         2.  The Department of Agriculture and Consumer Services

 6  may develop and adopt by rule pursuant to ss. 120.536(1) and

 7  120.54 suitable interim measures, best management practices,

 8  or other measures necessary to achieve the level of pollution

 9  reduction established by the department for agricultural

10  pollutant sources in allocations developed pursuant to

11  subsection (6) and this subsection. These practices and

12  measures may be implemented by those parties responsible for

13  agricultural pollutant sources and the department, the water

14  management districts, and the Department of Agriculture and

15  Consumer Services shall assist with implementation. In the

16  process of developing and adopting rules for interim measures,

17  best management practices, or other measures, the Department

18  of Agriculture and Consumer Services shall consult with the

19  department, the Department of Health, the water management

20  districts, representatives from affected farming groups, and

21  environmental group representatives. Such rules shall also

22  incorporate provisions for a notice of intent to implement the

23  practices and a system to assure the implementation of the

24  practices, including recordkeeping requirements.

25         3.  Where interim measures, best management practices,

26  or other measures are adopted by rule, the effectiveness of

27  such practices in achieving the levels of pollution reduction

28  established in allocations developed by the department

29  pursuant to subsection (6) and this subsection shall be

30  verified at representative sites by the department. The

31  department shall use best professional judgment in making the

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    Florida Senate - 2006                                  SB 1212
    575-162-06




 1  initial verification that the best management practices are

 2  effective and, where applicable, shall notify the appropriate

 3  water management district and the Department of Agriculture

 4  and Consumer Services of its initial verification prior to the

 5  adoption of a rule proposed pursuant to this paragraph.

 6  Implementation, in accordance with rules adopted under this

 7  paragraph, of practices that have been initially verified to

 8  be effective, or verified to be effective by monitoring at

 9  representative sites, by the department, shall provide a

10  presumption of compliance with state water quality standards

11  and release from the provisions of s. 376.307(5) for those

12  pollutants addressed by the practices, and the department is

13  not authorized to institute proceedings against the owner of

14  the source of pollution to recover costs or damages associated

15  with the contamination of surface water or groundwater caused

16  by those pollutants.

17         4.  Where water quality problems are demonstrated,

18  despite the appropriate implementation, operation, and

19  maintenance of best management practices and other measures

20  according to rules adopted under this paragraph, the

21  department, a water management district, or the Department of

22  Agriculture and Consumer Services, in consultation with the

23  department, shall institute a reevaluation of the best

24  management practice or other measure. Should the reevaluation

25  determine that the best management practice or other measure

26  requires modification, the department, a water management

27  district, or the Department of Agriculture and Consumer

28  Services, as appropriate, shall revise the rule to require

29  implementation of the modified practice within a reasonable

30  time period as specified in the rule.

31  

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    Florida Senate - 2006                                  SB 1212
    575-162-06




 1         5.  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  subparagraphs 3. and 4. or pursuant to any rule adopted

 7  pursuant to subparagraph 2. shall be confidential and exempt

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

 9  Constitution. Upon request of the department or any water

10  management district, the Department of Agriculture and

11  Consumer Services shall make such individual agricultural

12  records available to that agency, provided that the

13  confidentiality specified by this subparagraph for such

14  records is maintained. This subparagraph is subject to the

15  Open Government Sunset Review Act of 1995 in accordance with

16  s. 119.15, and shall stand repealed on October 2, 2006, unless

17  reviewed and saved from repeal through reenactment by the

18  Legislature.

19         6.  The provisions of subparagraphs 1. and 2. shall not

20  preclude the department or water management district from

21  requiring compliance with water quality standards or with

22  current best management practice requirements set forth in any

23  applicable regulatory program authorized by law for the

24  purpose of protecting water quality. Additionally,

25  subparagraphs 1. and 2. are applicable only to the extent that

26  they do not conflict with any rules adopted by the department

27  that are necessary to maintain a federally delegated or

28  approved program.

29         Section 2.  This act shall take effect October 1, 2006.

30  

31  

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