1 | The Committee on Commerce recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
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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. |