Senate Bill 0864

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    Florida Senate - 1999                                   SB 864

    By the Committee on Natural Resources





    312-761-99

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 20.325,

  4         F.S.; specifying the divisions in the Fish and

  5         Wildlife Conservation Commission; transferring

  6         the duties of the Marine Fisheries Commission

  7         assigned to the Board of Trustees of the

  8         Internal Improvement Trust Fund to the

  9         commission; transferring the duties of the Game

10         and Fresh Water Fish Commission to the Fish and

11         Wildlife Conservation Commission; transferring

12         certain duties of the Department of

13         Environmental Protection, Division of Marine

14         Resources and Division of Law Enforcement, to

15         the Fish and Wildlife Conservation Commission;

16         amending s. 20.255, F.S.; specifying the

17         divisions in the Department of Environmental

18         Protection; providing for a transition advisory

19         committee to determine the appropriate number

20         of support service personnel to be transferred;

21         providing for the preparation of a reviser's

22         bill to conform the Florida Statutes with

23         organizational changes; providing an effective

24         date.

25

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

27

28         Section 1.  Section 20.325, Florida Statutes, is

29  amended to read:

30         20.325  Fish and Wildlife Conservation Game and Fresh

31  Water Fish Commission.--The Legislature, recognizing the Fish

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    Florida Senate - 1999                                   SB 864
    312-761-99




  1  and Wildlife Conservation Game and Fresh Water Fish Commission

  2  as being specifically provided for and authorized by the State

  3  Constitution under s. 9, Art. IV, grants rights and privileges

  4  to the commission, as contemplated by s. 6, Art. IV of the

  5  State Constitution, equal to those of departments established

  6  under this chapter, while preserving its constitutional

  7  designation and title as a commission.

  8         (1)  The head of the Fish and Wildlife Conservation

  9  Game and Fresh Water Fish Commission is the commission

10  appointed by the Governor as provided for in s. 9, Art. IV of

11  the State Constitution.

12         (2)  The following divisions are established within the

13  commission:

14         (a)  Division of Administrative Services.

15         (b)  Division of Law Enforcement.

16         (c)  Division of Freshwater Fisheries.

17         (d)  Division of Wildlife.

18         (e)  Division of Marine Resources.

19         (3)  The commission shall appoint an executive director

20  who shall be subject to confirmation by the Florida Senate and

21  upon approval shall serve at the pleasure of the commission.

22  The powers, duties, and functions of the commission shall be

23  as prescribed by law.

24         Section 2.  The powers, duties, functions, and

25  jurisdiction as set forth in statutes in effect on March 1,

26  1998, and staff, equipment, and fund balances of the Marine

27  Fisheries Commission assigned to the Board of Trustees of the

28  Internal Improvement Trust Fund are transferred by a type two

29  transfer, as defined in section 20.06, Florida Statutes, to

30  the Fish and Wildlife Conservation Commission.

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    Florida Senate - 1999                                   SB 864
    312-761-99




  1         Section 3.  The powers, duties, functions, staff,

  2  equipment, and fund balances of the Game and Fresh Water Fish

  3  Commission are transferred by a type two transfer, as defined

  4  in section 20.06, Florida Statutes, to the Fish and Wildlife

  5  Conservation Commission.

  6         Section 4.  The powers, duties, functions, staff,

  7  equipment, facilities, and fund balances of the Department of

  8  Environmental Protection, Division of Marine Resources,

  9  related to the Office of Fisheries Management, Bureau of

10  Marine Resources Regulation and Development, Bureau of

11  Protected Species Management, and the Florida Marine Research

12  Institute are transferred by a type two transfer, to the Fish

13  and Wildlife Conservation Commission. The remaining powers,

14  duties, functions, staff, equipment and fund balances of the

15  Division of Marine Resources relating to the Bureau of Coastal

16  and Aquatic Managed Areas shall remain in the Department of

17  Environmental Protection.

18         Section 5.  The powers, duties, functions, staff,

19  equipment, facilities, and fund balances of the Department of

20  Environmental Protection, Division of Law Enforcement, related

21  to the Office of Enforcement Planning and Policy Coordination,

22  Bureau of Administrative Support, Bureau of Operational

23  Support, and the Bureau of Environmental Law Enforcement, are

24  transferred by a type two transfer to the Fish and Wildlife

25  Conservation Commission, except for those powers, duties,

26  functions, staff, equipment, facilities, and fund balances of

27  the Bureau relating to the Florida Park Patrol, which shall

28  remain in the Department of Environmental Protection and be

29  assigned to the Division of Recreation and Parks. The

30  remaining powers, duties, functions, staff, equipment, and

31  fund balances of the Division of Law Enforcement relating to

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    Florida Senate - 1999                                   SB 864
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  1  the Bureau of Emergency Response and the Office of

  2  Investigations shall remain in the Department of Environmental

  3  Protection and be reassigned to the Division of Waste

  4  Management and the Office of General Counsel, respectively. No

  5  duties or responsibilities relating to boating safety matters

  6  shall remain in the Department of Environmental Protection.

  7         Section 6.  Subsection (6) of section 20.255, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         20.255  Department of Environmental Protection.--There

10  is created a Department of Environmental Protection.

11         (6)  The following divisions of the Department of

12  Environmental Protection are established:

13         (a)  Division of Administrative and Technical Services.

14         (b)  Division of Air Resource Management.

15         (c)  Division of Water Resource Management Facilities.

16         (d)  Division of Law Enforcement.

17         (d)(e)  Division of Marine Resources.

18         (e)(f)  Division of Waste Management.

19         (f)(g)  Division of Recreation and Parks.

20         (g)(h)  Division of State Lands, the director of which

21  is to be appointed by the secretary of the department, subject

22  to confirmation by the Governor and Cabinet sitting as the

23  Board of Trustees of the Internal Improvement Trust Fund.

24         (i)  Division of Environmental Resource Permitting.

25

26  In order to ensure statewide and intradepartmental

27  consistency, the department's divisions shall direct the

28  district offices and bureaus on matters of interpretation and

29  applicability of the department's rules and programs.

30         Section 7.  The Secretary of the Department of

31  Environmental Protection and the Executive Director of the

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    Florida Senate - 1999                                   SB 864
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  1  Fish and Wildlife Conservation Commission shall each appoint 3

  2  staff members to a transition advisory committee to review and

  3  determine the appropriate number of positions, up to 60

  4  positions and their related funding levels and sources, from

  5  the Office of General Counsel and from the Division of

  6  Administrative and Technical Services to be transferred from

  7  the Department of Environmental Protection to the Fish and

  8  Wildlife Conservation Commission to provide legal services and

  9  administrative and operational support services, including

10  communications equipment involving the National Crime

11  Information System (NCIS) and the Florida Crime Information

12  System (FCIS) which were previously provided to the programs

13  transferred by sections 4 and 5 of this act. The Governor

14  shall appoint a staff member from the Office of Planning and

15  Budget to chair the meetings of the transition advisory

16  committee and to assist in implementing these provisions as

17  appropriate with adjustments in the operating budgets of the

18  two agencies involved during Fiscal Year 1999-2000 as provided

19  by chapter 216 and providing consultation with the

20  Appropriations Committees in the House of Representatives and

21  the Senate.

22         Section 8.  The Division of Statutory Revision of the

23  Office of Legislative Services is directed to prepare a

24  reviser's bill for introduction at a subsequent session of the

25  Legislature to change "Game and Fresh Water Fish Commission"

26  to "Fish and Wildlife Conservation Commission" and to make

27  such further changes as are necessary to conform the Florida

28  Statutes to the organizational changes effected by this act.

29         Section 9.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                   SB 864
    312-761-99




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  2                          SENATE SUMMARY

  3    Transfers the Game and Fresh Water Fish Commission, the
      Marine Fisheries Commission, and some functions of the
  4    Department of Environmental Protection to the Fish and
      Wildlife Conservation Commission. Establishes the
  5    organizational structure of the commission and the
      Department of Environmental Protection. Creates a
  6    transition advisory committee. Provides for the
      preparation of a reviser's bill to conform the statutes
  7    to organizational changes.

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