HB 1319, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 370.12, F.S.; deleting a
4	requirement that the commission solicit advisory
5	recommendations from the Save the Manatee Committee;
6	amending s. 20.331, F.S.; creating the Office of Boating
7	and Waterways within the commission; providing powers and
8	duties of the office; amending s. 206.606, F.S.; providing
9	for the transfer of moneys from the Fuel Tax Collection
10	Trust Fund to the Marine Resources Conservation Trust
11	Fund; amending s. 370.0603, F.S.; adding additional
12	purposes and providing for the use of funds transferred
13	from the Fuel Tax Collection Trust Fund; creating s.
14	327.47, F.S.; providing for competitive grant programs
15	developed and administered by the commission; authorizing
16	the commission to adopt rules; authorizing additional
17	positions and providing appropriations; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Paragraph (a) of subsection (4) of section
23	370.12, Florida Statutes, is amended to read:
24	370.12 Marine animals; regulation.--
25	(4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
26	(a) Each fiscal year the Save the Manatee Trust Fund shall
27	be available to fund an impartial scientific benchmark census of
28	the manatee population in the state. Weather permitting, the
29	study shall be conducted annually by the Fish and Wildlife
30	Conservation Commission and the results shall be made available
31	to the President of the Senate, the Speaker of the House of
32	Representatives, and the Governor and Cabinet for use in the
33	evaluation and development of manatee protection measures. In
34	addition, the Save the Manatee Trust Fund shall be available for
35	annual funding of activities of public and private organizations
36	and those of the commission intended to provide manatee and
37	marine mammal protection and recovery effort; manufacture and
38	erection of informational and regulatory signs; production,
39	publication, and distribution of educational materials;
40	participation in manatee and marine mammal research programs,
41	including carcass salvage and other programs; programs intended
42	to assist the recovery of the manatee as an endangered species,
43	assist the recovery of the endangered or threatened marine
44	mammals, and prevent the endangerment of other species of marine
45	mammals; and other similar programs intended to protect and
46	enhance the recovery of the manatee and other species of marine
47	mammals. The commission shall annually solicit advisory
48	recommendations from the Save the Manatee Committee affiliated
49	with the Save the Manatee Club, as identified and recognized in
50	Executive Order 85-19, on the use of funds from the Save the
51	Manatee Trust Fund.
52	Section 2. Subsection (3) of section 20.331, Florida
53	Statutes, is amended, and paragraph (e) is added to subsection
54	(5) of said section, to read:
55	20.331 Fish and Wildlife Conservation Commission.--
56	(3) The following administrative units are established
57	within the commission:
58	(a) Division of Administrative Services.
59	(b) Division of Law Enforcement.
60	(c) Division of Freshwater Fisheries.
61	(d) Division of Marine Fisheries.
62	(e) Division of Wildlife.
63	(f) Florida Marine Research Institute.
64
65	The bureaus and offices of the Game and Fresh Water Fish
66	Commission existing on February 1, 1999, are established within
67	the Fish and Wildlife Conservation Commission. Effective July 1,
68	2003, there is created within the commission an Office of
69	Boating and Waterways with duties and responsibilities as
70	provided in subsection (5).
71	(5) In further exercise of its duties, the Fish and
72	Wildlife Conservation Commission:
73	(e) Shall assign to the Office of Boating and Waterways
74	such powers, duties, responsibilities, and functions as are
75	necessary to manage and promote the use of state waterways for
76	safe and enjoyable boating. Duties and responsibilities include,
77	but are not limited to, oversight and coordination of waterway
78	markers on state waters, providing boating education and boating
79	safety programs, improving boating access, coordinating the
80	removal of derelict vessels from state waters, economic
81	development initiatives to promote boating in the state, and
82	coordinating the submission of state comments on marine events.
83	Section 3. Paragraph (d) is added to subsection (1) of
84	section 206.606, Florida Statutes, to read:
85	206.606 Distribution of certain proceeds.--
86	(1) Moneys collected pursuant to ss. 206.41(1)(g) and
87	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
88	Fund. Such moneys, after deducting the service charges imposed
89	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
90	administrative costs incurred by the department in collecting,
91	administering, enforcing, and distributing the tax, which
92	administrative costs may not exceed 2 percent of collections,
93	shall be distributed monthly to the State Transportation Trust
94	Fund, except that:
95	(d) A portion of the moneys attributable to the sale of
96	motor diesel fuel at marinas shall be transferred from the Fuel
97	Tax Collection Trust Fund to the Marine Resources Conservation
98	Trust Fund within the Fish and Wildlife Conservation Commission
99	as follows:
100	1. $2.5 million in fiscal year 2003-2004.
101	2. $5.0 million in fiscal year 2004-2005.
102	3. $8.5 million in fiscal year 2005-2006.
103	4. $10.9 million in fiscal year 2006-2007.
104	5. $13.4 million in fiscal year 2007-2008 and each fiscal
105	year thereafter.
106	Section 4. Subsection (1) of section 370.0603, Florida
107	Statutes, is amended, and subsection (4) is added to said
108	section, to read:
109	370.0603 Marine Resources Conservation Trust Fund;
110	purposes.--
111	(1) The Marine Resources Conservation Trust Fund within
112	the Fish and Wildlife Conservation Commission shall serve as a
113	broad-based depository for funds from various marine-related and
114	boating-relatedactivities and shall be administered by the
115	commission for the purposes of:
116	(a) Funding for marine research.
117	(b) Funding for fishery enhancement, including, but not
118	limited to, fishery statistics development, artificial reefs,
119	and fish hatcheries.
120	(c) Funding for marine law enforcement.
121	(d) Funding for administration of licensing programs for
122	recreational fishing, saltwater products sales, and related
123	information and education activities.
124	(e) Funding for the operations of the Fish and Wildlife
125	Conservation Commission.
126	(f) Funding for titling and registration of vessels.
127	(g) Funding for marine turtle protection, research, and
128	recovery activities from revenues that are specifically credited
129	to the trust fund for these purposes.
130	(h) Funding activities for rehabilitation of oyster
131	harvesting areas from which special oyster surcharge fees are
132	collected, including relaying and transplanting live oysters.
133	(i) Funding for boating research, boating-related programs
134	and activities, and law enforcement on state waters.
135	(4) Funds transferred to the Marine Resources Conservation
136	Trust Fund from the Fuel Tax Collection Trust Fund pursuant to
137	s. 206.606 shall be used for the following purposes:
138	(a) To provide additional water-related law enforcement,
139	including enforcement of laws and regulations related to the
140	protection of manatees.
141	(b) For the placement of uniform waterway markers on state
142	waters.
143	(c) To provide funding for construction and maintenance of
144	publicly owned boat ramps, piers, and docks, directly and
145	through grants to counties and municipalities.
146	(d) To implement and administer programs related to
147	boating safety and education, manatee technical avoidance
148	technology, and economic development initiatives to promote
149	boating in the state, including competitive grant programs as
150	provided in s. 327.47.
151	(e) For other activities of the Office of Boating and
152	Waterways such as coordinating the submission of state comments
153	on boating-related events.
154
155	Funds not used in one fiscal year must be carried over for use
156	in subsequent fiscal years.
157	Section 5. Section 327.47, Florida Statutes, is created to
158	read:
159	327.47 Competitive grant program.--The commission shall
160	develop and administer competitive grant programs funded with
161	moneys transferred pursuant to s. 206.606(1)(d). Grants may be
162	awarded for the construction and maintenance of publicly owned
163	boat ramps, piers, and docks, boater education, deployment of
164	manatee technical avoidance technology, and economic development
165	initiatives that promote boating in the state. The commission
166	may adopt rules pursuant to chapter 120 to administer this
167	section.
168	Section 6. From the $2.5 million in marina fuel tax
169	revenue transferred to the Marine Resources Conservation Trust
170	Fund within the Fish and Wildlife Conservation Commission under
171	the provisions of this act, 10 additional sworn law enforcement
172	FTEs are authorized and $1.8 million is appropriated to fund
173	equipment, training, expenses, and 5 months of salaries and
174	benefits beginning in fiscal year 2003-2004, and $700,000 is
175	appropriated to fund the activities specified in s. 370.0603(4),
176	Florida Statutes.
177	Section 7. This act shall take effect July 1, 2003.
178