HB 1463 2003
1	CHAMBER ACTION
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6	The Committee on Agriculture offered the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Lake Okeechobee Watershed
12	Phosphorus Control Program; creating s. 373.45951, F.S.;
13	providing legislative findings and intent; authorizing the
14	Department of Agriculture and Consumer Services to provide
15	financial assistance to certain projects that benefit the
16	program's intent; providing funding; providing for the
17	adoption of rules; requiring the department to submit an
18	annual report to the Governor and Legislature; providing
19	an effective date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. Section 373.45951, Florida Statutes, is created
24	to read:
25	373.45951 Lake Okeechobee Watershed Phosphorus Control.--
26	(1)(a) The Legislature finds that in order to achieve the
27	goals and objectives of s. 373.4595, and to effectively
28	implement the Lake Okeechobee Watershed Phosphorus Control
29	Program pursuant to s. 373.4595(3)(c), the state must
30	expeditiously develop and implement comprehensive nutrient
31	management plans for dairies and other agricultural operations
32	that are contributing to the phosphorus loads from the Lake
33	Okeechobee watershed.
34	(b) The Legislature also finds that a continuing source of
35	funding is needed to effectively implement a phosphorus control
36	program that initially targets the most significant sources
37	contributing to phosphorus loads within the watershed and that
38	continues to address other sources as needed to achieve the
39	phased phosphorus load reductions required by s. 373.4595.
40	(c) The Legislature intends to provide funding on a
41	continuing basis for the purpose of implementing phosphorus
42	control measures within the Lake Okeechobee watershed and also
43	intends that dairies receive priority attention in implementing
44	this section.
45	(2)(a) The Department of Agriculture and Consumer Services
46	may provide grants and loans for projects that reduce phosphorus
47	loads by improving the management of agricultural phosphorus
48	sources in the Lake Okeechobee watershed. Grants may provide up
49	to 75 percent of the costs of a project, and loans may be used
50	for the balance of the costs. This financial assistance must be
51	administered in accordance with this section and other
52	applicable law. The Department of Agriculture and Consumer
53	Services may adopt rules to implement this section.
54	Notwithstanding s. 18.10, the Department of Agriculture and
55	Consumer Services may deposit funds in financial institutions
56	that earn less than the prevailing rate for United States
57	Treasury securities with corresponding maturities to enable such
58	financial institutions to make below-market interest rate loans
59	to entities that receive financial assistance under this
60	section.
61	(b) Projects shall be ranked based upon their potential
62	for phosphorus reduction and funded in priority order. Project
63	rankings shall be determined through a comprehensive nutrient
64	management assessment that determines discharge water quality
65	for each project site. The Department of Agriculture and
66	Consumer Services, in cooperation with the department and the
67	South Florida Water Management District, shall assign the
68	highest priority to those projects that are located on sites
69	that have the highest relative contributions to phosphorus
70	loading and the greatest potential for phosphorus reductions,
71	but may also consider the need to achieve regulatory compliance,
72	the project's readiness to proceed, and the availability of
73	federal or other nonstate funding, including public-private
74	partnerships. Federal funding shall be maximized to the greatest
75	extent practicable.
76	(3)(a) For fiscal year 2003-2004, $15 million of state
77	funds shall be deposited into the Lake Okeechobee Protection
78	Trust Fund created by s. 373.45952.
79	(b) For each year of the 5 consecutive years beginning in
80	fiscal year 2004-2005, not less than $10 million of state funds
81	shall be deposited into the Lake Okeechobee Protection Trust
82	Fund.
83	(c) Funds deposited pursuant to paragraphs (a) and (b)
84	shall be used by the appropriate coordinating agency, as defined
85	in s. 373.4595(2)(b), solely for the purposes set forth in s.
86	373.4595(3)(c) and consistent with this section.
87	(4) Each January 1, beginning in 2004, the Department of
88	Agriculture and Consumer Services shall submit to the Governor,
89	the President of the Senate, and the Speaker of the House of
90	Representatives an annual progress report regarding
91	implementation of this section. The report must include a
92	prioritized list of projects funded pursuant to this section,
93	indicating which projects have been completed and the projects'
94	costs and which projects are yet to be completed and the
95	projects' estimated costs. This report may be incorporated into
96	the annual report required pursuant to s. 373.4595(3)(g).
97	Section 2. This act shall take effect July 1, 2003.