Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 835622
CHAMBER ACTION
Senate House
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03/29/2006 12:42 PM .
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11 The Committee on Commerce and Consumer Services (Aronberg)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 12, line 30, through
16 page 13, line 2, delete those lines
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18 and insert:
19 Section 11. Paragraph (c) of subsection (7) and
20 subsection (11) of section 403.067, Florida Statutes, are
21 amended to read:
22 403.067 Establishment and implementation of total
23 maximum daily loads.--
24 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
25 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
26 (c) Best management practices.--
27 1. The department, in cooperation with the water
28 management districts and other interested parties, as
29 appropriate, may develop suitable interim measures, best
30 management practices, or other measures necessary to achieve
31 the level of pollution reduction established by the department
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 835622
1 for nonagricultural nonpoint pollutant sources in allocations
2 developed pursuant to subsection (6) and this subsection.
3 These practices and measures may be adopted by rule by the
4 department and the water management districts pursuant to ss.
5 120.536(1) and 120.54, and, where adopted by rule, shall be
6 implemented by those parties responsible for nonagricultural
7 nonpoint source pollution.
8 2. The Department of Agriculture and Consumer Services
9 may develop and adopt by rule pursuant to ss. 120.536(1) and
10 120.54 suitable interim measures, best management practices,
11 or other measures necessary to achieve the level of pollution
12 reduction established by the department for agricultural
13 pollutant sources in allocations developed pursuant to
14 subsection (6) and this subsection or for programs implemented
15 pursuant to paragraph (11)(b). These practices and measures
16 may be implemented by those parties responsible for
17 agricultural pollutant sources and the department, the water
18 management districts, and the Department of Agriculture and
19 Consumer Services shall assist with implementation. In the
20 process of developing and adopting rules for interim measures,
21 best management practices, or other measures, the Department
22 of Agriculture and Consumer Services shall consult with the
23 department, the Department of Health, the water management
24 districts, representatives from affected farming groups, and
25 environmental group representatives. Such rules shall also
26 incorporate provisions for a notice of intent to implement the
27 practices and a system to assure the implementation of the
28 practices, including recordkeeping requirements.
29 3. Where interim measures, best management practices,
30 or other measures are adopted by rule, the effectiveness of
31 such practices in achieving the levels of pollution reduction
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 835622
1 established in allocations developed by the department
2 pursuant to subsection (6) and this subsection or in programs
3 implemented pursuant to paragraph (11)(b) shall be verified at
4 representative sites by the department. The department shall
5 use best professional judgment in making the initial
6 verification that the best management practices are reasonably
7 expected to be effective and, where applicable, shall notify
8 the appropriate water management district or and the
9 Department of Agriculture and Consumer Services of its initial
10 verification prior to the adoption of a rule proposed pursuant
11 to this paragraph. Implementation, in accordance with rules
12 adopted under this paragraph, of practices that have been
13 initially verified to be effective, or verified to be
14 effective by monitoring at representative sites, by the
15 department, or implementation of research approved by the
16 department for the purpose of developing or demonstrating such
17 practices, shall provide a presumption of compliance with
18 state water quality standards and release from the provisions
19 of s. 376.307(5) for those pollutants addressed by the
20 practices, and the department is not authorized to institute
21 proceedings against the owner of the source of pollution to
22 recover costs or damages associated with the contamination of
23 surface water or groundwater caused by those pollutants.
24 4. Where water quality problems are demonstrated,
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, a water management district, or the Department of
29 Agriculture and Consumer Services, in consultation with the
30 department, shall institute a reevaluation of the best
31 management practice or other measure. Should the reevaluation
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 835622
1 determine that the best management practice or other measure
2 requires modification, the department, a water management
3 district, or the Department of Agriculture and Consumer
4 Services, as appropriate, shall revise the rule to require
5 implementation of the modified practice within a reasonable
6 time period as specified in the rule.
7 5. Individual agricultural records relating to
8 processes or methods of production, or relating to costs of
9 production, profits, or other financial information which are
10 otherwise not public records, which are reported to the
11 Department of Agriculture and Consumer Services pursuant to
12 subparagraphs 3. and 4. or pursuant to any rule adopted
13 pursuant to subparagraph 2. shall be confidential and exempt
14 from s. 119.07(1) and s. 24(a), Art. I of the State
15 Constitution. Upon request of the department or any water
16 management district, the Department of Agriculture and
17 Consumer Services shall make such individual agricultural
18 records available to that agency, provided that the
19 confidentiality specified by this subparagraph for such
20 records is maintained. This subparagraph is subject to the
21 Open Government Sunset Review Act of 1995 in accordance with
22 s. 119.15, and shall stand repealed on October 2, 2006, unless
23 reviewed and saved from repeal through reenactment by the
24 Legislature.
25 6. The provisions of subparagraphs 1. and 2. shall not
26 preclude the department or water management district from
27 requiring compliance with water quality standards or with
28 current best management practice requirements set forth in any
29 applicable regulatory program authorized by law for the
30 purpose of protecting water quality. Additionally,
31 subparagraphs 1. and 2. are applicable only to the extent that
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 835622
1 they do not conflict with any rules adopted by the department
2 that are necessary to maintain a federally delegated or
3 approved program.
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7 And the title is amended as follows:
8 On page 2, line 15, after the semicolon,
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10 insert:
11 clarifying rules adopted by the department
12 relating to best-management practices;
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