HB 1431

CS

CHAMBER ACTION

1	The Committee on Commerce recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to the Great Florida Wrek-reation Diving
8	Trail Act; providing a popular name; providing purpose of
9	the act; creating the Florida MARAD and U.S. Navy Vessel
10	Placement Commission within the Office of Tourism, Trade,
11	and Economic Development; providing membership,
12	organization, administrative support, and duties of the
13	commission; providing that the commission is subject to
14	public records and public meetings requirements; requiring
15	the commission to request and receive interagency
16	comments; providing for expiration of the commission;
17	providing for transfer of documents and remaining assets
18	of the commission; providing an effective date.
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20	WHEREAS, in the past, the United States Navy has used
21	unneeded ships as targets for military exercises known as
22	sinking exercises, and
23	WHEREAS, now the Navy has devised an alternative means of
24	disposing of obsolete Navy vessels that allows the vessels to
25	serve in a productive capacity for hundreds of years past their
26	intended use, and
27	WHEREAS, the National Defense Authorization Bill for fiscal
28	year 2004 (H.R. 1588) allows appropriate decommissioned ships to
29	be donated for use as artificial reefing, and
30	WHEREAS, the process of using obsolete vessels as man-made
31	artificial reefs not only promotes marine life and fishing but
32	relieves pressures on natural coral reefs, and
33	WHEREAS, the measure allows the Navy to accomplish the
34	overall process for cost-effective donation transfer of
35	available naval vessels, and
36	WHEREAS, the United States Maritime Administration (MARAD)
37	will coordinate federal agency solicitation and application for
38	obtaining the vessels for use as artificial reefs, and
39	WHEREAS, the donation and transfer application for all Navy
40	and MARAD ships available for use as artificial reefs may be
41	submitted only by states, commonwealths, and territories and
42	possessions of the United States, or municipal corporations or
43	political subdivisions thereof, and
44	WHEREAS, the program provides a practical option for
45	disposing of inactive naval vessels in a cost-effective and
46	environmentally sound manner that can also promote ecotourism
47	associated with recreational diving and fishing in Florida, NOW,
48	THEREFORE,
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50	Be It Enacted by the Legislature of the State of Florida:
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52	Section 1.  (1)  POPULAR NAME.--This act may be referred to
53	by the popular name the "Great Florida Wrek-reation Diving Trail
54	Act of 2004."
55	(2)  PURPOSE.--The purpose of the Great Florida Wrek-
56	reation Diving Trail Act is to promote ecotourism associated
57	with recreational diving and fishing in Florida through the
58	placement of United States Maritime Administration (MARAD) and
59	United States Navy decommissioned vessels in Florida waters as
60	artificial reefs. The commission shall be considered the
61	artificial reef coordinator for Florida for purposes of the
62	United States Department of Transportation transfer of obsolete
63	MARAD and Navy vessels program.
64	(3)  FLORIDA MARAD AND U.S. NAVY VESSEL PLACEMENT
65	COMMISSION; CREATION.--There is created within the Office of
66	Tourism, Trade, and Economic Development the Florida MARAD and
67	U.S. Navy Vessel Placement Commission.
68	(4)  MEMBERSHIP.--The commission shall consist of five
69	members, all of whom shall be residents of the state. Three
70	members shall represent recreational scuba diving in Florida,
71	one of whom shall be appointed by the Speaker of the House of
72	Representatives, one of whom shall be appointed by the President
73	of the Senate, and one of whom shall be appointed by the
74	Governor. Two members shall represent recreational fishing
75	interests and the tourism industry in Florida, one of whom shall
76	be appointed by the Speaker of the House of Representatives, and
77	one of whom shall be appointed by the President of the Senate.
78	Members shall be appointed in such a manner as to equitably
79	represent different geographic areas of the state. The initial
80	appointments to the commission shall be made no later than
81	September 1, 2004.
82	(5)  ORGANIZATION.--
83	(a)  The Governor shall designate one member of the
84	commission as its chair. Vacancies in membership of the
85	commission shall be filled in the same manner as the original
86	appointments.
87	(b)  The commission shall meet at least quarterly. A
88	majority of the members shall constitute a quorum for the
89	purpose of conducting business.
90	(c)  The commission shall establish procedures for its
91	operations, including notice procedures for commission meetings
92	and procedures with respect to the application process under
93	subsection (7).
94	(d)  Members of the commission shall serve without
95	compensation but shall be entitled to per diem and travel
96	expenses pursuant to s. 112.061, Florida Statutes, while in the
97	performance of their duties.
98	(e)  Each member of the commission shall file full and
99	public disclosure of financial interests at the times and places
100	and in the same manner required of elected constitutional
101	officers under s. 8, Art. II of the State Constitution and any
102	law implementing that provision.
103	(f)  Records and meetings of the commission shall be
104	subject to the requirements of the public records law and public
105	meetings law in chapters 119 and 286, Florida Statutes,
106	respectively.
107	(6)  ADMINISTRATIVE SUPPORT.--The Office of Tourism, Trade,
108	and Economic Development shall provide administrative support to
109	the commission for all of its activities. The activities of the
110	commission shall be funded through private donations.
111	(7)  DUTIES.--The commission shall review applications from
112	Florida counties and municipalities for placement of MARAD and
113	U.S. Navy decommissioned vessels in Florida waters as artificial
114	reefs. The commission shall receive donation transfer
115	applications for such vessels and, using federal evaluation
116	criteria, shall recommend to the Governor sites within the state
117	for placement of such vessels. The commission shall develop a
118	master site plan for the purposes of maximizing the number and
119	type of vessels for placement in Florida waters. Criteria shall
120	include placement of vessels in a geographically dispersed
121	manner.
122	(8)  INTERAGENCY COMMENTS.--The commission shall request
123	and receive interagency comments from local artificial reef
124	permitting agencies, the Florida Department of Environmental
125	Protection, and the Florida Fish and Wildlife Conservation
126	Commission, allowing a review period consistent with MARAD and
127	U.S. Navy application deadlines. Interagency comments on
128	submitted applications must be limited to that agency's area of
129	responsibility.
130	(9)  TERM.--The commission shall expire on December 31,
131	2006, unless reenacted by the Legislature. Prior to termination,
132	all documents and all remaining assets of the commission shall
133	be transferred to the Office of Tourism, Trade, and Economic
134	Development.
135	Section 2.  This act shall take effect upon becoming a law.

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