Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1388
                        Barcode 835622
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: 3/FAV           .                    
       03/29/2006 12:42 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Commerce and Consumer Services (Aronberg)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 12, line 30, through
16            page 13, line 2, delete those lines
17  
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
                                  1
    3:13 PM   03/20/06                           s1388c1c-cm27-z9g

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 2 3:13 PM 03/20/06 s1388c1c-cm27-z9g
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 3 3:13 PM 03/20/06 s1388c1c-cm27-z9g
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 4 3:13 PM 03/20/06 s1388c1c-cm27-z9g
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. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 2, line 15, after the semicolon, 9 10 insert: 11 clarifying rules adopted by the department 12 relating to best-management practices; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 3:13 PM 03/20/06 s1388c1c-cm27-z9g