HB 1431CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to the Great Florida Wrek-reation Diving
8Trail Act; providing a popular name; providing purpose of
9the act; creating the Florida MARAD and U.S. Navy Vessel
10Placement Commission within the Office of Tourism, Trade,
11and Economic Development; providing membership,
12organization, administrative support, and duties of the
13commission; providing that the commission is subject to
14public records and public meetings requirements; requiring
15the commission to request and receive interagency
16comments; providing for expiration of the commission;
17providing for transfer of documents and remaining assets
18of the commission; providing an effective date.
19
20     WHEREAS, in the past, the United States Navy has used
21unneeded ships as targets for military exercises known as
22sinking exercises, and
23     WHEREAS, now the Navy has devised an alternative means of
24disposing of obsolete Navy vessels that allows the vessels to
25serve in a productive capacity for hundreds of years past their
26intended use, and
27     WHEREAS, the National Defense Authorization Bill for fiscal
28year 2004 (H.R. 1588) allows appropriate decommissioned ships to
29be donated for use as artificial reefing, and
30     WHEREAS, the process of using obsolete vessels as man-made
31artificial reefs not only promotes marine life and fishing but
32relieves pressures on natural coral reefs, and
33     WHEREAS, the measure allows the Navy to accomplish the
34overall process for cost-effective donation transfer of
35available naval vessels, and
36     WHEREAS, the United States Maritime Administration (MARAD)
37will coordinate federal agency solicitation and application for
38obtaining the vessels for use as artificial reefs, and
39     WHEREAS, the donation and transfer application for all Navy
40and MARAD ships available for use as artificial reefs may be
41submitted only by states, commonwealths, and territories and
42possessions of the United States, or municipal corporations or
43political subdivisions thereof, and
44     WHEREAS, the program provides a practical option for
45disposing of inactive naval vessels in a cost-effective and
46environmentally sound manner that can also promote ecotourism
47associated with recreational diving and fishing in Florida, NOW,
48THEREFORE,
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  (1)  POPULAR NAME.--This act may be referred to
53by the popular name the "Great Florida Wrek-reation Diving Trail
54Act of 2004."
55     (2)  PURPOSE.--The purpose of the Great Florida Wrek-
56reation Diving Trail Act is to promote ecotourism associated
57with recreational diving and fishing in Florida through the
58placement of United States Maritime Administration (MARAD) and
59United States Navy decommissioned vessels in Florida waters as
60artificial reefs. The commission shall be considered the
61artificial reef coordinator for Florida for purposes of the
62United States Department of Transportation transfer of obsolete
63MARAD and Navy vessels program.
64     (3)  FLORIDA MARAD AND U.S. NAVY VESSEL PLACEMENT
65COMMISSION; CREATION.--There is created within the Office of
66Tourism, Trade, and Economic Development the Florida MARAD and
67U.S. Navy Vessel Placement Commission.
68     (4)  MEMBERSHIP.--The commission shall consist of five
69members, all of whom shall be residents of the state. Three
70members shall represent recreational scuba diving in Florida,
71one of whom shall be appointed by the Speaker of the House of
72Representatives, one of whom shall be appointed by the President
73of the Senate, and one of whom shall be appointed by the
74Governor. Two members shall represent recreational fishing
75interests and the tourism industry in Florida, one of whom shall
76be appointed by the Speaker of the House of Representatives, and
77one of whom shall be appointed by the President of the Senate.
78Members shall be appointed in such a manner as to equitably
79represent different geographic areas of the state. The initial
80appointments to the commission shall be made no later than
81September 1, 2004.
82     (5)  ORGANIZATION.--
83     (a)  The Governor shall designate one member of the
84commission as its chair. Vacancies in membership of the
85commission shall be filled in the same manner as the original
86appointments.
87     (b)  The commission shall meet at least quarterly. A
88majority of the members shall constitute a quorum for the
89purpose of conducting business.
90     (c)  The commission shall establish procedures for its
91operations, including notice procedures for commission meetings
92and procedures with respect to the application process under
93subsection (7).
94     (d)  Members of the commission shall serve without
95compensation but shall be entitled to per diem and travel
96expenses pursuant to s. 112.061, Florida Statutes, while in the
97performance of their duties.
98     (e)  Each member of the commission shall file full and
99public disclosure of financial interests at the times and places
100and in the same manner required of elected constitutional
101officers under s. 8, Art. II of the State Constitution and any
102law implementing that provision.
103     (f)  Records and meetings of the commission shall be
104subject to the requirements of the public records law and public
105meetings law in chapters 119 and 286, Florida Statutes,
106respectively.
107     (6)  ADMINISTRATIVE SUPPORT.--The Office of Tourism, Trade,
108and Economic Development shall provide administrative support to
109the commission for all of its activities. The activities of the
110commission shall be funded through private donations.
111     (7)  DUTIES.--The commission shall review applications from
112Florida counties and municipalities for placement of MARAD and
113U.S. Navy decommissioned vessels in Florida waters as artificial
114reefs. The commission shall receive donation transfer
115applications for such vessels and, using federal evaluation
116criteria, shall recommend to the Governor sites within the state
117for placement of such vessels. The commission shall develop a
118master site plan for the purposes of maximizing the number and
119type of vessels for placement in Florida waters. Criteria shall
120include placement of vessels in a geographically dispersed
121manner.
122     (8)  INTERAGENCY COMMENTS.--The commission shall request
123and receive interagency comments from local artificial reef
124permitting agencies, the Florida Department of Environmental
125Protection, and the Florida Fish and Wildlife Conservation
126Commission, allowing a review period consistent with MARAD and
127U.S. Navy application deadlines. Interagency comments on
128submitted applications must be limited to that agency's area of
129responsibility.
130     (9)  TERM.--The commission shall expire on December 31,
1312006, unless reenacted by the Legislature. Prior to termination,
132all documents and all remaining assets of the commission shall
133be transferred to the Office of Tourism, Trade, and Economic
134Development.
135     Section 2.  This act shall take effect upon becoming a law.


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