This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1565c.ANR
DATE: 2/6/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1565 Florida Red Tide Mitigation and Technology Development Initiative
SPONSOR(S): Agriculture & Natural Resources Appropriations Subcommittee, Grant
TIED BILLS: IDEN./SIM. BILLS: SB 1360
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment
Subcommittee
15 Y, 0 N Curtin Curtin
2) Agriculture & Natural Resources Appropriations
Subcommittee
13 Y, 0 N, As CS Byrd Pigott
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The proliferation of a toxic or nuisance algae, known as a harmful algal bloom (HAB), produces toxic or harmful
effects on humans, fish, shellfish, marine mammals, and birds. One of the most commonly known HABs are
red tides, which have been documented in the Gulf of Mexico since the 1700s. Karenia brevis, the organism
that causes red tides, can result in the deaths of marine mammals, sea turtles, and sea birds and, for humans,
neurotoxic shellfish poisoning and respiratory impacts, particularly for those with asthma and other chronic
respiratory conditions.
The Florida Red Tide Mitigation and Technology Development Initiative (Initiative) was established by the
Legislature in 2019 to coordinate efforts amongst public and private entities to develop technologies to address
the serious negative impacts of red tide on Florida. The Initiative is a partnership between the Fish and Wildlife
Research Institute and Mote Marine Laboratory, and is set to expire on June 30, 2025.
The bill requires the Initiative to, upon successful completion of science-based laboratory testing of prevention,
control, and mitigation approaches and technologies, develop field trial deployment technologies for those
approaches and technologies, and further requires the Initiative to, when it develops a field trial deployment
technology, submit a report with its findings to the Department of Environmental Protection (DEP).
The bill requires DEP to, within 30 business days after receipt of the report submitted by the Initiative, review
the technology and approve, approve with conditions, or deny with explanation the use of the technology in
state waters exhibiting red tide bloom concentrations of greater than 10,000 cells per liter.
The bill provides that if DEP fails to approve, approve with conditions, or deny with explanation a field trial
deployment technology within 30 business days after receipt of the report, the technology shall be deemed
approved for use in state waters exhibiting red tide bloom concentrations of greater than 10,000 cells per liter.
The bill eliminates the expiration date for the Initiative.
The bill may have an indeterminate positive fiscal impact on local governments and the private sector.
The bill provides an effective date of July 1, 2024.
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES: STORAGE NAME: h1565c.ANR PAGE: 2
DATE: 2/6/2024
Background
Florida boasts 825 miles of stunning coastline fronting the Atlantic Ocean, the Gulf of Mexico, and the
Straits of Florida.
1
Beaches and the nearby waters are an integral part of Florida’s economy and
environment.
2
Residents and tourists
3
alike visit the waters adjacent to beaches to engage in boating,
fishing, diving and other recreational activities.
4
In addition, many Floridians depend on those waters
for their livelihoods, and Florida’s commercial and recreational fishing industries provide thousands of
jobs and billions of dollars in economic benefits.
5
Harmful Algal Blooms
Thousands of algae, simple photosynthetic organisms, live in marine and fresh waters.
6
These species
provide an important source of the oxygen we breathe and form the basis of the food web and while the
majority of them are harmless to humans and animals, “a growing number of species are being found
worldwide that produce toxins that can make humans sick and cause widespread ecological and
economic harm.”
7
The proliferation of a toxic or nuisance algae, known as a harmful algal bloom
(HAB),
8
produces toxic or harmful effects on humans, fish, shellfish, marine mammals, and birds
9
and,
consequently, the economy.
Red Tides
One of the most commonly known HABs are red tides, which have been documented in the southern
Gulf of Mexico since the 1700s
10
and along Florida’s Gulf coast since the 1840s,
11
and even Spanish
explorers recorded fish kills near Tampa Bay.
12
Red tides occur nearly every year in the Gulf of
Mexico,
13
generally in late summer or early fall.
14
Red tides develop offshore, are brought inshore by
winds and currents, and they may turn water color red to brown.
15
Karenia brevis (K. brevis), the
organism that causes red tides, “can result in:
massive fish kills;
the deaths of marine mammals, sea turtles, and sea birds; and
for humans — neurotoxic shellfish poisoning and respiratory impacts, especially for those with
asthma and other chronic respiratory conditions.”
16
The “2018 Bloom”
The red tide bloom that began in October of 2017 and lasted until January of 2019 is also referred to as
the 2018 bloom.
17
In 2018, then-Governor Scott issued executive orders declaring a state of
1
Department of Environmental Protection (DEP), Beaches, https://floridadep.gov/rcp/beaches (last visited Jan. 20, 2024).
2
Id.
3
Office of Economic & Demographic Research (EDR), Economic Evaluation of Florida’s Investment in Beaches, p.9 (Jan. 2015,
revised), http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf (last visited Jan. 20, 2024). The most important feature of
Florida’s brand are its beaches and, while the state has numerous appealing features, in terms of attracting tourists beaches have the
strongest effect. “It may be noted that, while beaches are the most attractive feature to visitors, they generally do not directly generate
revenue. Instead, they facilitate an array of expenditures that collectively comprise the cost of the tourism experience.”
4
Id.
5
National Oceanic and Atmospheric Administration (NOAA), Fisheries Economics of the United States 2020, p. 10 (Feb. 2023),
https://media.fisheries.noaa.gov/2023-09/FEUS-2020-final2-web-0.pdf (last visited Jan. 21, 2024).
6
NOAA, Harmful Algal Blooms - Tiny Organisms with a Toxic Punch, https://oceanservice.noaa.gov/hazards/hab/ (last visited Jan.
21, 2024).
7
Mote Marine Laboratory (Mote), Florida Red Tide, https://mote.org/pages/florida-red-tide1 (last visited Jan. 21, 2024).
8
Fish and Wildlife Conservation Commission (FWC), HAB General Information, https://myfwc.com/research/redtide/general/ (last
visited Jan. 21, 2024).
9
NOAA, supra note 6.
10
FWC, Red Tide FAQ, https://myfwc.com/research/redtide/faq/ (last visited Jan. 22, 2024).
11
Department of Health, Red Tide (last updated Feb. 24, 2023), https://sarasota.floridahealth.gov/programs-and-services/our-gulf-
env/water-quality/red-tide/index.html (last visited Jan. 21, 2024).
12
FWC, supra note 10.
13
NOAA, What is a red tide?, https://oceanservice.noaa.gov/facts/redtide.html (last visited Jan. 21, 2024).
14
FWC, About Red Tides in Florida, https://myfwc.com/research/redtide/general/about/ (last visited Jan, 21, 2024).
15
FWC, Karenia brevis Fact Sheet, https://myfwc.com/media/12422/karenia-brevis-factsheet.pdf (last visited Jan. 22, 2024).
16
Mote, supra note 7. STORAGE NAME: h1565c.ANR PAGE: 3
DATE: 2/6/2024
emergency in 14 counties associated with red tide blooms
18
and designated the Department of
Environmental Protection (DEP) the lead agency responsible for crisis management activities related to
the emergency.
19
The negative effects from the 2018 bloom were numerous. It took several years for fish stocks to
rebound from Anna Maria Island near Tampa Bay south to Ten Thousand Islands,
20
and it has been
estimated that there were approximately $184 million in losses in the tourism sector and the
consequent contraction in the Airbnb market corresponded to the loss of nearly 2,900 jobs throughout
Florida.
21
A recently released study commissioned by the Conservancy of Southwest Florida, Sanibel-Captiva
Conservation Foundation, and Captains for Clean Water analyzed the impacts of poor water quality on
Southwest Florida.
22
“The study found if what happened surrounding 2018 happens again in 2024 or
2025 it would result in the loss of $460 million in commercial and recreational fishing, more than 43,000
jobs, $5.2 billion in local economic output, $17.8 billion in property values, and the related loss of $60
million in property tax revenue.”
23
The Florida Red Tide Mitigation and Technology Development Initiative
The Florida Red Tide Mitigation and Technology Development Initiative (Initiative) was established by
the Legislature in 2019
24
to coordinate efforts amongst public and private entities to develop
technologies to address the serious negative impacts of red tide on Florida.
25
The Initiative is a
partnership between the Fish and Wildlife Research Institute (FWRI) and Mote Marine Laboratory
(Mote).
26
“The goal of the [I]nitiative is to develop, test, and implement innovative, effective, and environmentally
sustainable technologies and approaches for controlling and mitigating the impacts of red tide.”
27
The
Initiative is required to submit an annual report to the Governor, the President of the Senate, the
Speaker of the House of Representatives, the Secretary of DEP, and the executive director of the Fish
and Wildlife Conservation Commission (FWC) that provides a synopsis of its accomplishments to date
and priorities for coming years.
28
The Initiative expires on June 30, 2025.
FWC and the FWRI
The FWRI is the research division within FWC.
29
FWC is empowered to exercise a number of the
regulatory and executive powers of the state, including those powers related to marine life.
30
“FWRI . . .
employs more than 600 people who work at its St. Petersburg headquarters and more than 20 field
laboratories and offices situated at key inland and coastal locations statewide.”
31
The FWRI provides
research and technical knowledge to a wide array of entities including governments, universities,
17
Nadine Slimak, Quantifying the Economic Costs of Red Tide, Gulf of Mexico Coastal Ocean Observing System (Mar. 17, 2022),
https://gcoos.org/red-tide-costs/ (last visited Jan. 21, 2024). Also occurring in 2018, Lake Okeechobee and the Caloosahatchee River
were inundated with blue-green algae.
18
Fla. Exec. Order Nos. 18-221 (Aug. 13, 2018), 18-275 (Oct. 4, 2018), and 18-282 (Oct. 17, 2018).
19
Fla. Exec. Order No. 18-221 (Aug. 13, 2018).
20
Tom Bayles, SWFL environmental groups say economic damage from next major algae bloom will total billions, WGCU (Jan. 17,
2024), https://news.wgcu.org/section/environment/2024-01-17/swfl-environmental-groups-say-economic-damage-from-next-major-
algae-bloom-will-total-billions (last visited Jan. 21, 2024).
21
Slimak, supra note 17.
22
Bayles, supra note 20.
23
Id.
24
Ch. 2019-114, Laws of Fla.
25
S. 379.2273(1), F.S.
26
S. 379.2273(2), F.S.
27
S. 379.2273(2)(b), F.S.
28
S. 379.2273(2)(d), F.S.
29
FWC, About FWRI, https://myfwc.com/research/about/ (last visited Jan. 22, 2024).
30
Art. IV s. 9, Fla. Const.; ss. 379.1025 and 20.331, F.S.
31
FWC, History of the Institute, https://myfwc.com/research/about/history/ (last visited Jan. 22, 2024) STORAGE NAME: h1565c.ANR PAGE: 4
DATE: 2/6/2024
commercial and recreational fishing interests, and nongovernmental organizations.
32
The FWRI
employs a number of strategies to advance its mission, including identifying, monitoring, and providing
technical support related to red tides and other HABs.
33
FWC is authorized to provide grants and
contracts to Mote to conduct research.
34
Mote
Mote is a non-profit, independent research institution
35
which is funded by foundations, individual
donors, and federal, state and local grants.
36
For nearly 70 years Mote has conducted cutting-edge
marine research
37
and it has decades of experience with red tide science.
38
What began as a one-room
building on Florida’s west coast
39
is today a global leader in marine research, with nearly 300 staff
members,
40
and scientists who conduct research on all seven continents.
41
In 2018, Mote established the Red Tide Institute with a mission to “reduc[e] adverse impacts of Florida
red tide on public health, coastal marine ecosystems and Florida’s economy via the rigorous testing
and application of a ‘tool box’ of science-based mitigation and control technologies and strategies.” To
further its research of red tide, Mote created “a cutting-edge red tide mitigation testing facility . . . [that]
uses over 150,000 gallons of treated and recirculated seawater” for research, “along with ample lab
space for water quality, marine species, and toxin testing.”
42
Funding of the Initiative has allowed Mote
to continue to expand vital testing of products to find those that kill the algae and minimize the impact of
the K. brevis toxin.
43
Mote operates under the principle that mitigation or control strategies must do no further harm than that
already inflicted by red tide.
44
Many funded projects are ready for field testing.”
45
Effect of the Bill
The bill requires the Initiative to:
Upon successful completion of science-based laboratory testing of prevention, control, and
mitigation approaches and technologies, develop field trial deployment technologies for those
approaches and technologies.
When it develops a field trial deployment technology for the approaches and technologies,
submit a report with its findings to DEP.
The bill requires DEP to, within 30 business days after receipt of the report submitted by the Initiative,
review the technology and approve, approve with conditions, or deny with explanation the use of the
technology in state waters exhibiting red tide bloom concentrations of greater than 10,000 cells per liter.
The bill provides that if DEP fails to approve, approve with conditions, or deny with explanation a field
trial deployment technology within 30 business days after receipt of the report, the technology shall be
32
FWC, Fish and Wildlife Research Institute (FWRI), https://myfwc.com/about/inside-fwc/fwri/ (last visited Jan. 21, 2024).
33
Id.
34
S. 379.2202, F.S.
35
Mote, About Us, https://mote.org/about-us (last visited Jan. 21, 2024).
36
Mote, Mote Marine Laboratory & Aquarium, https://mote.org/locations/details/mote-marine-laboratory-aquarium (last visited Jan.
22, 2024).
37
Mote, Mission and Vision, https://mote.org/about-us/mission-vision (last visited Jan. 21, 2024).
38
Mote, Florida Red Tide Mitigation & Technology Development Initiative, https://mote.org/research/program/florida-red-tide-
mitigation-and-technology-development-
initiative#:~:text=The%20Florida%20Red%20Tide%20Mitigation%20%26%20Technology%20Development,environment%2C%20e
conomy%20and%20quality%20of%20life%20in%20Florida (last visited Jan. 21, 2024).
39
Id.
40
Id.
41
Mote, History, https://mote.org/about-us/history (last visited Jan. 21, 2024).
42
Florida Red Tide Mitigation and Technology Development Initiative (Initiative), Accomplishments and Priorities Report, p. 2 (Jan.
2023), https://mote.org/media/uploads/files/RedTideInitiative_AccomplishmentsPrioritesReport2022_ffw.pdf (last visited Jan. 22,
2024).
43
Id., at p. 5.
44
Mote, Red Tide Institute, https://mote.org/research/program/red-tide-institute (last visited Jan. 22, 2024).
45
Initiative, supra note 42, at p. 5. STORAGE NAME: h1565c.ANR PAGE: 5
DATE: 2/6/2024
deemed approved for use in state waters exhibiting red tide bloom concentrations of greater than
10,000 cells per liter.
The bill eliminates the expiration date for the Initiative.
B. SECTION DIRECTORY:
Section 1. Amends provisions in s. 379.2273, F.S., relating to the Florida Red Tide Mitigation and
Technology Development Initiative.
Section 2. Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Red tide negatively impacts Florida’s economy by decreasing property values and tax revenues
collected by local governments. If the Initiative creates technologies or approaches that prevent or
mitigate red tide and its impacts, it may reduce the negative impacts to tax revenues collected by
local governments. Therefore, this bill may have an indeterminate positive fiscal impact on local
governments.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Red tide negatively impacts Florida’s economy by harming industries such as commercial fisheries,
recreation, and tourism. If the Initiative creates technologies or approaches that prevent or mitigate red
tide and its impacts, it may reduce the negative impacts to such industries. Therefore, this bill may have
an indeterminate positive fiscal impact on the private sector.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to STORAGE NAME: h1565c.ANR PAGE: 6
DATE: 2/6/2024
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 5, 2024, the Agriculture & Natural Resources Subcommittee considered one amendment,
which was adopted, and reported the bill favorably as a committee substitute. The amendment
eliminates the expiration date in s. 379.2273, F.S. and removes the appropriations from the bill.
The analysis is drafted to the committee substitute as approved by the Agriculture & Natural Resources
Subcommittee.