SENATE AMENDMENT
Bill No. SB 1380
Amendment No. ___ Barcode 902472
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Laurent moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Paragraph (d) 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) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
22 (d)1. The Department of Agriculture and Consumer
23 Services may develop and adopt by rule pursuant to ss.
24 120.536(1) and 120.54 suitable interim measures, best
25 management practices, or other measures necessary to achieve
26 the level of pollution reduction established by the department
27 for agricultural pollutant sources in allocations developed
28 pursuant to paragraph (6)(b). These practices and measures may
29 be implemented by those parties responsible for agricultural
30 pollutant sources and the department, the water management
31 districts, and the Department of Agriculture and Consumer
1
5:30 PM 05/02/01 s1380c-17c3t
SENATE AMENDMENT
Bill No. SB 1380
Amendment No. ___ Barcode 902472
1 Services shall assist with implementation. Where interim
2 measures, best management practices, or other measures are
3 adopted by rule, the effectiveness of such practices in
4 achieving the levels of pollution reduction established in
5 allocations developed by the department pursuant to paragraph
6 (6)(b) shall be verified by the department. Implementation,
7 in accordance with applicable rules, of practices that have
8 been verified by the department to be effective at
9 representative sites shall provide a presumption of compliance
10 with state water quality standards and release from the
11 provisions of s. 376.307(5) for those pollutants addressed by
12 the practices, and the department is not authorized to
13 institute proceedings against the owner of the source of
14 pollution to recover costs or damages associated with the
15 contamination of surface or ground water caused by those
16 pollutants. In the process of developing and adopting rules
17 for interim measures, best management practices, or other
18 measures, the Department of Agriculture and Consumer Services
19 shall consult with the department, the Department of Health,
20 the water management districts, representatives from affected
21 farming groups, and environmental group representatives. Such
22 rules shall also incorporate provisions for a notice of intent
23 to implement the practices and a system to assure the
24 implementation of the practices, including recordkeeping
25 requirements. Where water quality problems are detected
26 despite the appropriate implementation, operation, and
27 maintenance of best management practices and other measures
28 according to rules adopted under this paragraph, the
29 Department of Agriculture and Consumer Services shall
30 institute a reevaluation of the best management practice or
31 other measure.
2
5:30 PM 05/02/01 s1380c-17c3t
SENATE AMENDMENT
Bill No. SB 1380
Amendment No. ___ Barcode 902472
1 2. 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 this paragraph or pursuant to any rule adopted pursuant to
7 this paragraph shall be confidential and exempt from s.
8 119.07(1) and s. 24(a), Art. I of the State Constitution. Upon
9 request of the department or any water management district,
10 the Department of Agriculture and Consumer Services shall make
11 such individual agricultural records available to that agency,
12 provided that the confidentiality specified by this
13 subparagraph for such records is maintained. This subparagraph
14 is subject to the Open Government Sunset Review Act of 1995 in
15 accordance with s. 119.15, and shall stand repealed on October
16 2, 2006, unless reviewed and saved from repeal through
17 reenactment by the Legislature.
18 Section 2. The Legislature finds that it is a public
19 necessity that individual agricultural records as specified in
20 s. 403.067(7)(d)2., Florida Statutes, be kept confidential and
21 exempt when held by the Department of Agriculture and Consumer
22 Services pursuant to the authority granted under said section.
23 Individual agricultural records relating to processes or
24 methods of production and to costs of production, profits, or
25 other financial information submitted to the Department of
26 Agriculture and Consumer Services contain sensitive business
27 and financial information. Disclosure of such records would
28 negatively impact the business interests of those providing
29 the department with such records and individuals disclosing
30 such records would hesitate to cooperate with that agency,
31 which would impair the effective and efficient administration
3
5:30 PM 05/02/01 s1380c-17c3t
SENATE AMENDMENT
Bill No. SB 1380
Amendment No. ___ Barcode 902472
1 of governmental functions. Individual agricultural records
2 relating to processes or methods of production and to costs of
3 production, profits, or other financial information are
4 sensitive, proprietary business information, the release of
5 which would give competitors an unfair economic advantage.
6 Thus, the public and private harm in releasing such
7 information substantially outweighs the minimal public benefit
8 derived therefrom.
9 Section 3. This act shall take effect upon becoming a
10 law.
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 Delete everything before the enacting clause
16
17 and insert:
18 A bill to be entitled
19 An act relating to public records; amending s.
20 403.067, F.S.; providing an exemption from
21 public records requirements for certain
22 individual agricultural records reported to the
23 Department of Agriculture and Consumer Services
24 in connection with its duties relating to
25 pollution reduction under the total maximum
26 daily load program for water bodies; providing
27 for future review and repeal; providing a
28 finding of public necessity; providing an
29 effective date.
30
31
4
5:30 PM 05/02/01 s1380c-17c3t