Senate Bill sb1380

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    Florida Senate - 2001                                  SB 1380

    By Senator Laurent





    17-864-01

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         403.067, F.S.; providing exemptions from public

  4         records requirements for individual

  5         agricultural records that are reported to the

  6         Department of Agriculture and Consumer

  7         Services; providing for future review and

  8         repeal; providing findings of public necessity;

  9         providing an effective date.

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

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13         Section 1.  Paragraph (d) of subsection (7) of section

14  403.067, Florida Statutes, is amended to read:

15         403.067  Establishment and implementation of total

16  maximum daily loads.--

17         (7)  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

18         (d)  The Department of Agriculture and Consumer

19  Services may develop and adopt by rule pursuant to ss.

20  120.536(1) and 120.54 suitable interim measures, best

21  management practices, or other measures necessary to achieve

22  the level of pollution reduction established by the department

23  for agricultural pollutant sources in allocations developed

24  pursuant to paragraph (6)(b). These practices and measures may

25  be implemented by those parties responsible for agricultural

26  pollutant sources and the department, the water management

27  districts, and the Department of Agriculture and Consumer

28  Services shall assist with implementation. Where interim

29  measures, best management practices, or other measures are

30  adopted by rule, the effectiveness of such practices in

31  achieving the levels of pollution reduction established in

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    Florida Senate - 2001                                  SB 1380
    17-864-01




  1  allocations developed by the department pursuant to paragraph

  2  (6)(b) shall be verified by the department.  Implementation,

  3  in accordance with applicable rules, of practices that have

  4  been verified by the department to be effective at

  5  representative sites shall provide a presumption of compliance

  6  with state water quality standards and release from the

  7  provisions of s. 376.307(5) for those pollutants addressed by

  8  the practices, and the department is not authorized to

  9  institute proceedings against the owner of the source of

10  pollution to recover costs or damages associated with the

11  contamination of surface or ground water caused by those

12  pollutants. In the process of developing and adopting rules

13  for interim measures, best management practices, or other

14  measures, the Department of Agriculture and Consumer Services

15  shall consult with the department, the Department of Health,

16  the water management districts, representatives from affected

17  farming groups, and environmental group representatives. Such

18  rules shall also incorporate provisions for a notice of intent

19  to implement the practices and a system to assure the

20  implementation of the practices, including recordkeeping

21  requirements. Where water quality problems are detected

22  despite the appropriate implementation, operation, and

23  maintenance of best management practices and other measures

24  according to rules adopted under this paragraph, the

25  Department of Agriculture and Consumer Services shall

26  institute a reevaluation of the best management practice or

27  other measure. Individual agricultural records relating to

28  processes or methods of production or relating to costs of

29  production, profits, or other financial information which are

30  otherwise not public records and which are reported to the

31  Department of Agriculture and Consumer Services pursuant to

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    Florida Senate - 2001                                  SB 1380
    17-864-01




  1  this paragraph or any rule adopted pursuant to this paragraph

  2  are confidential and exempt from the provisions of s.

  3  119.07(1) and s. 24(a), Art. I of the State Constitution. This

  4  is subject to the Open Government Sunset Review Act of 1995 in

  5  accordance with s. 119.15 and shall stand repealed October 2,

  6  2006, unless reviewed and saved from repeal through

  7  reenactment by the Legislature.

  8         Section 2.  The Legislature finds that the exemption

  9  from public records requirements provided in section

10  403.067(7)(d), Florida Statutes, is a public necessity and

11  that it would be an invasion of the right of privacy of the

12  person reporting such information.

13         Section 3.  This act shall take effect upon becoming a

14  law.

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17                          SENATE SUMMARY

18    Provides an exemption from public records requirements
      for individual agricultural records that are reported to
19    the Department of Agriculture and Consumer Services.
      Provides for future review and repeal. Provides a finding
20    of public necessity.

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