HB 1305 2003
   
1 A bill to be entitled
2          An act relating to the Fish and Wildlife Conservation
3    Commission; amending s. 20.331, F.S.; creating an Office
4    of Boating and Waterways; assigning duties to such office;
5    amending s. 206.606, F.S.; providing for transfer of
6    moneys from the Fuel Tax Collection Trust Fund to the
7    Marine Resources Conservation Trust Fund; amending s.
8    370.0603, F.S.; including boating and boating-related
9    activities, programs, and law enforcement under purposes
10    of the Marine Resources Conservation Trust Fund; providing
11    for the uses of the funds transferred from the Fuel Tax
12    Collection Trust Fund; creating s. 327.47, F.S.; providing
13    for competitive grant programs developed and administered
14    by the commission; authorizing the commission to adopt
15    rules; providing an effective date.
16         
17          Be It Enacted by the Legislature of the State of Florida:
18         
19          Section 1. Subsection (3) of section 20.331, Florida
20    Statutes, is amended, and paragraph (e) is added to subsection
21    (5) of said section, to read:
22          20.331 Fish and Wildlife Conservation Commission.--
23          (3) The following administrative units are established
24    within the commission:
25          (a) Division of Administrative Services.
26          (b) Division of Law Enforcement.
27          (c) Division of Freshwater Fisheries.
28          (d) Division of Marine Fisheries.
29          (e) Division of Wildlife.
30          (f) Florida Marine Research Institute.
31         
32          The bureaus and offices of the Game and Fresh Water Fish
33    Commission existing on February 1, 1999, are established within
34    the Fish and Wildlife Conservation Commission. There is created
35    within the commission an Office of Boating and Waterways.
36          (5) In further exercise of its duties, the Fish and
37    Wildlife Conservation Commission:
38          (e) Shall assign to the Office of Boating and Waterways
39    such powers, duties, responsibilities, and functions as are
40    necessary to manage and promote the use of state waterways for
41    safe and enjoyable boating, including oversight and coordination
42    of waterway markers on state waters, providing programs for
43    boating education and boating safety, improving boating access,
44    coordinating the removal of derelict vessels from state waters,
45    economic development initiatives to promote boating in this
46    state, and coordinating the submission of state comments on
47    marine events.
48          Section 2. Paragraph (d) is added to subsection (1) of
49    section 206.606, Florida Statutes, to read:
50          206.606 Distribution of certain proceeds.--
51          (1) Moneys collected pursuant to ss. 206.41(1)(g) and
52    206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
53    Fund. Such moneys, after deducting the service charges imposed
54    by s. 215.20, the refunds granted pursuant to s. 206.41, and the
55    administrative costs incurred by the department in collecting,
56    administering, enforcing, and distributing the tax, which
57    administrative costs may not exceed 2 percent of collections,
58    shall be distributed monthly to the State Transportation Trust
59    Fund, except that:
60          (d) Moneys collected from sales at marinas shall be
61    transferred to the Marine Resources Conservation Trust Fund in
62    the Fish and Wildlife Conservation Commission as follows:
63          1. $5.0 million in fiscal year 2003-2004.
64          2. $8.5 million in fiscal year 2004-2005.
65          3. $10.9 million in fiscal year 2005-2006.
66          4. $13.4 million in fiscal year 2006-2007 and each fiscal
67    year thereafter.
68          Section 3. Subsection (1) of section 370.0603, Florida
69    Statutes, is amended, and subsection (4) is added to said
70    section, to read:
71          370.0603 Marine Resources Conservation Trust Fund;
72    purposes.--
73          (1) The Marine Resources Conservation Trust Fund within
74    the Fish and Wildlife Conservation Commission shall serve as a
75    broad-based depository for funds from various marine-related and
76    boating-relatedactivities and shall be administered by the
77    commission for the purposes of:
78          (a) Funding for marine and boatingresearch.
79          (b) Funding for fishery enhancement, including, but not
80    limited to, fishery statistics development, artificial reefs,
81    and fish hatcheries.
82          (c) Funding for marine law enforcement.
83          (d) Funding for administration of licensing programs for
84    recreational fishing, saltwater products sales, and related
85    information and education activities.
86          (e) Funding for the operations of the Fish and Wildlife
87    Conservation Commission.
88          (f) Funding for titling and registration of vessels.
89          (g) Funding for marine turtle protection, research, and
90    recovery activities from revenues that are specifically credited
91    to the trust fund for these purposes.
92          (h) Funding activities for rehabilitation of oyster
93    harvesting areas from which special oyster surcharge fees are
94    collected, including relaying and transplanting live oysters.
95          (i) Funding for boating-related activities, boating-
96    related programs, and law enforcement on all waters of this
97    state.
98          (4) Funds provided to the Marine Resources Conservation
99    Trust Fund from taxes distributed under s. 206.606 shall be used
100    for the following purposes:
101          (a) To provide additional water-related law enforcement,
102    including enforcement of laws and regulations related to the
103    protection of manatees.
104          (b) Placement of uniform waterway markers on state waters.
105          (c) To provide funding for construction and maintenance of
106    publicly owned boat ramps, piers, and docks, directly and
107    through grants to counties and municipalities.
108          (d) Implementation and administration of programs,
109    including competitive grant programs, related to boating safety,
110    boating education, manatee technical avoidance technology, and
111    economic development initiatives to promote boating in the
112    state.
113          (e) Other activities of the Office of Boating and
114    Waterways.
115          Section 4. Section 327.47, Florida Statutes, is created to
116    read:
117          327.47 Competitive grant program.--The commission shall
118    develop and administer competitive grant programs to use funds
119    transferred pursuant to s. 206.606(1)(d) for the construction
120    and maintenance of publicly owned boat ramps, piers, and docks,
121    boater education, deployment of manatee avoidance technology,
122    and economic development initiatives to promote boating in the
123    state. The commission may adopt rules pursuant to chapter 120 to
124    administer this section.
125          Section 5. This act shall take effect July 1, 2003.