HB 7209

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding the total maximum daily load
4	program for state waters; amending s. 403.067, F.S., which
5	provides an exemption from public records requirements for
6	agricultural records relating to processes or methods of
7	production, costs of production, profits, or other
8	financial information held by the Department of
9	Agriculture and Consumer Services pursuant to interim
10	measures, best management practices, and other measures
11	used to achieve levels of pollution reduction established
12	by the department; making editorial changes; removing the
13	scheduled repeal of the exemption; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (c) of subsection (7) of section
19	403.067, Florida Statutes, is amended to read:
20	403.067  Establishment and implementation of total maximum
21	daily loads.--
22	(7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
23	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
24	(c)  Best management practices.--
25	1.  The department, in cooperation with the water
26	management districts and other interested parties, as
27	appropriate, may develop suitable interim measures, best
28	management practices, or other measures necessary to achieve the
29	level of pollution reduction established by the department for
30	nonagricultural nonpoint pollutant sources in allocations
31	developed pursuant to subsection (6) and this subsection. These
32	practices and measures may be adopted by rule by the department
33	and the water management districts pursuant to ss. 120.536(1)
34	and 120.54, and, where adopted by rule, shall be implemented by
35	those parties responsible for nonagricultural nonpoint source
36	pollution.
37	2.  The Department of Agriculture and Consumer Services may
38	develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
39	suitable interim measures, best management practices, or other
40	measures necessary to achieve the level of pollution reduction
41	established by the department for agricultural pollutant sources
42	in allocations developed pursuant to subsection (6) and this
43	subsection. These practices and measures may be implemented by
44	those parties responsible for agricultural pollutant sources and
45	the department, the water management districts, and the
46	Department of Agriculture and Consumer Services shall assist
47	with implementation. In the process of developing and adopting
48	rules for interim measures, best management practices, or other
49	measures, the Department of Agriculture and Consumer Services
50	shall consult with the department, the Department of Health, the
51	water management districts, representatives from affected
52	farming groups, and environmental group representatives. Such
53	rules shall also incorporate provisions for a notice of intent
54	to implement the practices and a system to assure the
55	implementation of the practices, including recordkeeping
56	requirements.
57	3.  Where interim measures, best management practices, or
58	other measures are adopted by rule, the effectiveness of such
59	practices in achieving the levels of pollution reduction
60	established in allocations developed by the department pursuant
61	to subsection (6) and this subsection shall be verified at
62	representative sites by the department. The department shall use
63	best professional judgment in making the initial verification
64	that the best management practices are effective and, where
65	applicable, shall notify the appropriate water management
66	district and the Department of Agriculture and Consumer Services
67	of its initial verification prior to the adoption of a rule
68	proposed pursuant to this paragraph. Implementation, in
69	accordance with rules adopted under this paragraph, of practices
70	that have been initially verified to be effective, or verified
71	to be effective by monitoring at representative sites, by the
72	department, shall provide a presumption of compliance with state
73	water quality standards and release from the provisions of s.
74	376.307(5) for those pollutants addressed by the practices, and
75	the department is not authorized to institute proceedings
76	against the owner of the source of pollution to recover costs or
77	damages associated with the contamination of surface water or
78	groundwater caused by those pollutants.
79	4.  Where water quality problems are demonstrated, despite
80	the appropriate implementation, operation, and maintenance of
81	best management practices and other measures according to rules
82	adopted under this paragraph, the department, a water management
83	district, or the Department of Agriculture and Consumer
84	Services, in consultation with the department, shall institute a
85	reevaluation of the best management practice or other measure.
86	Should the reevaluation determine that the best management
87	practice or other measure requires modification, the department,
88	a water management district, or the Department of Agriculture
89	and Consumer Services, as appropriate, shall revise the rule to
90	require implementation of the modified practice within a
91	reasonable time period as specified in the rule.
92	5.  Individual Agricultural records relating to processes
93	or methods of production, or relating to costs of production,
94	profits, or other financial information held by which are
95	otherwise not public records, which are reported to the
96	Department of Agriculture and Consumer Services pursuant to
97	subparagraphs 3. and 4. or pursuant to any rule adopted pursuant
98	to subparagraph 2. are shall be confidential and exempt from s.
99	119.07(1) and s. 24(a), Art. I of the State Constitution. Upon
100	request, records made confidential and exempt pursuant to this
101	subparagraph shall be released to of the department or any water
102	management district, the Department of Agriculture and Consumer
103	Services shall make such individual agricultural records
104	available to that agency, provided that the confidentiality
105	specified by this subparagraph for such records is maintained.
106	This subparagraph is subject to the Open Government Sunset
107	Review Act of 1995 in accordance with s. 119.15, and shall stand
108	repealed on October 2, 2006, unless reviewed and saved from
109	repeal through reenactment by the Legislature.
110	6.  The provisions of subparagraphs 1. and 2. shall not
111	preclude the department or water management district from
112	requiring compliance with water quality standards or with
113	current best management practice requirements set forth in any
114	applicable regulatory program authorized by law for the purpose
115	of protecting water quality. Additionally, subparagraphs 1. and
116	2. are applicable only to the extent that they do not conflict
117	with any rules adopted by the department that are necessary to
118	maintain a federally delegated or approved program.
119	Section 2.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.