HB 1799

1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 20.331, F.S.; reorganizing the
4	commission; granting rights and privileges to the
5	commission; providing responsibilities and duties of the
6	executive director; revising the administrative structure
7	of the commission; providing that the principal unit for
8	program services within the commission shall be a division
9	headed by a director; providing that the principal subunit
10	within a division shall be a section headed by a leader;
11	providing that the principal subunit within a section
12	shall be a subsection headed by an administrator;
13	establishing divisions and sections within the commission;
14	providing that the principal unit for administrative and
15	support services shall be the Office of Executive
16	Direction and Administrative Support Services headed by
17	the executive director of the commission; establishing
18	additional offices within the Office of Executive
19	Direction and Administrative Support Services; providing
20	that the head of an office shall be a director; providing
21	an exception; providing position classifications within
22	the state employee system; providing for reallocation of
23	certain duties and functions; providing that additional
24	divisions of the commission may only be created by general
25	law; providing that divisions, offices, and sections
26	created by this act may only be abolished by general law;
27	authorizing the Department of Management Services and the
28	Executive Office of the Governor to establish and approve
29	new sections, subsections, and offices as initiated by the
30	commission; assigning duties and responsibilities to the
31	divisions; providing powers, duties, responsibilities, and
32	functions of the Boating and Waterways Section; providing
33	for adequate due process procedures; establishing
34	statutory duties of the commission; authorizing the
35	commission to provide comments to permitting agencies;
36	authorizing the commission to acquire lands in the name of
37	the state for certain purposes; providing for employee
38	bonds at the request of the commission; amending s.
39	20.2551, F.S.; deleting provisions authorizing grants from
40	the Florida Marine Research Institute to citizen support
41	organizations within the Department of Environmental
42	Protection; amending s. 370.021, F.S.; deleting a
43	provision relating to employee bond requirements; amending
44	ss. 370.0603, 372.0225, and 372.5701, F.S.; conforming
45	language to changes made by the act; amending ss.
46	370.06091, 370.06092, 370.06093, 372.0215, 372.5702, and
47	403.0882, F.S.; changing references to the Florida Marine
48	Research Institute to the Fish and Wildlife Research
49	Institute; deleting obsolete provisions; amending s.
50	370.16, F.S.; deleting provisions relating to noncultured
51	shellfish harvesting, the use of water patrols to collect
52	tax on specified shellfish, and shellfish harvesting
53	recordkeeping; amending s. 370.172, F.S.; deleting a
54	prohibition with regard to certain special and general
55	laws relating to spearfishing; amending s. 372.0222, F.S.;
56	requiring the commission to publish the Florida Wildlife
57	Magazine; creating the Florida Wildlife Magazine Advisory
58	Council; requiring the council to make recommendations to
59	the commission regarding magazine publication; providing
60	for qualifications of members, appointment of members,
61	terms of office, administrative support, and reimbursement
62	for travel expenses; amending ch. 99-245, Laws of Florida;
63	deleting a provision relating to the Florida Marine
64	Research Institute; repealing s. 370.083, F.S., relating
65	to special acts; repealing s. 370.162, F.S., relating to
66	the purchase of sponges; repealing s. 372.051, F.S.,
67	relating to the seal of the commission; repealing s.
68	372.9906, F.S., relating to the Wildlife Law Enforcement
69	Program; providing an appropriation to the commission from
70	the State Game Trust Fund to fund publication of the
71	Florida Wildlife Magazine; providing an effective date.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Section 20.331, Florida Statutes, is amended to
76	read:
77	(Substantial rewording of section. See
78	s. 20.331, F.S., for present text.)
79	20.331  Fish and Wildlife Conservation Commission.--
80	(1)  RIGHTS AND PRIVILEGES.--The Legislature, recognizing
81	the Fish and Wildlife Conservation Commission as being
82	specifically authorized by the State Constitution under s. 9,
83	Art. IV, grants rights and privileges to the commission as
84	contemplated by s. 6, Art. IV of the State Constitution. These
85	rights and privileges are equal to those of departments
86	established under this chapter while preserving the commission's
87	constitutional designation and title.
88	(2)  HEAD OF THE COMMISSION.--The head of the Fish and
89	Wildlife Conservation Commission is the commission, with
90	commissioners appointed by the Governor as provided for in s. 9,
91	Art. IV of the State Constitution.
92	(3)  EXECUTIVE DIRECTOR.--
93	(a)  To aid the commission in the implementation of its
94	constitutional and statutory responsibilities, the Legislature
95	authorizes the commission to appoint and fix the salary of a
96	person who is not a member of the commission to serve as the
97	executive director, and to remove such person at its pleasure.
98	The executive director shall supervise, direct, coordinate, and
99	administer all activities necessary to fulfill the commission's
100	constitutional and statutory responsibilities. The executive
101	director shall be reimbursed for per diem and travel expenses
102	incurred in the discharge of official duties as provided in s.
103	112.061. The executive director shall maintain headquarters in
104	and reside in Tallahassee.
105	(b)  Each new executive director must be confirmed by the
106	Senate during the regular legislative session immediately
107	following his or her appointment by the commission.
108	(4)  PROGRAM SERVICES.--Within the Fish and Wildlife
109	Conservation Commission, the principal unit for program services
110	is a "division" headed by a "director." The principal subunit of
111	the division is a "section" headed by a "leader." The principal
112	subunit of the section is a "subsection" headed by an
113	"administrator." The following divisions and sections are
114	created within the commission:
115	(a)  Fish and Wildlife Research Institute.
116	(b)  Division of Freshwater Fisheries Management.
117	(c)  Division of Habitat and Species Conservation.
118	(d)  Division of Hunting and Game Management.
119	(e)  Division of Law Enforcement. There is created within
120	the division the Boating and Waterways Section with duties and
121	responsibilities as provided in paragraph (7)(e).
122	(f)  Division of Marine Fisheries Management.
123	(5)  ADMINISTRATIVE AND SUPPORT SERVICES.--The principal
124	unit for administrative and support services shall be the Office
125	of Executive Direction and Administrative Support Services,
126	which shall be headed by the executive director. Each additional
127	office within this principal unit shall be headed by a
128	"director," except for the Regional Operations Office, which
129	shall have five directors representing the five administrative
130	regions of the state established by the commission. The
131	following administrative and support offices within the Office
132	of Executive Direction and Administrative Support Services are
133	created:
134	(a)  Finance and Budget Office.
135	(b)  Human Resources Office.
136	(c)  Information Technology Office.
137	(d)  Inspector General's Office.
138	(e)  Legal Office.
139	(f)  Regional Operations Office.
140	(6)  GENERAL PROVISIONS.--
141	(a)  Section leader positions are classified at a level
142	equal to bureau chiefs, and subsection administrator positions
143	are classified at a level equal to supervisors, as established
144	in s. 20.04. At the discretion of the executive director, office
145	director positions shall be classified at a level equal to
146	division directors, bureau chiefs, or section administrators, as
147	established in s. 20.04.
148	(b)  Unless specifically authorized by law, the commission
149	may not reallocate duties and functions specifically assigned by
150	law to a specific unit of the commission. Functions assigned
151	generally to the commission without specific designation to a
152	unit of the commission may be allocated at the discretion of the
153	commission.
154	(c)  Additional divisions in the commission may only be
155	established by general law. Divisions, sections, and offices
156	created by this act may only be abolished by general law. New
157	sections, subsections, and offices of the commission may be
158	initiated by the commission and established as recommended by
159	the Department of Management Services and approved by the
160	Executive Office of the Governor, or may be established by
161	general law.
162	(7)  ASSIGNMENT OF DUTIES AND RESPONSIBILITIES.--In further
163	exercise of its duties, the Fish and Wildlife Conservation
164	Commission and the Legislature as provided in s. 9, Art. IV of
165	the State Constitution:
166	(a)  Shall assign to the Division of Freshwater Fisheries
167	Management such powers, duties, responsibilities, and functions
168	as are necessary to facilitate the responsible and sustained use
169	of freshwater aquatic life resources. The division shall provide
170	expertise on freshwater fish populations or other aspects of
171	freshwater fisheries needed for recreational and commercial use
172	management decisions and assess impacts of decisions made by
173	others to ensure quality fisheries and fishing in selected
174	lakes, fish management areas, rivers, and streams in this state.
175	(b)  Shall assign to the Division of Habitat and Species
176	Conservation such powers, duties, responsibilities, and
177	functions necessary to protect and conserve the state's diverse
178	and unique fish and wildlife. The division shall utilize
179	scientific data to develop resource management plans to maintain
180	stable or increasing populations of fish and wildlife species.
181	To provide for the greatest benefit to the widest possible array
182	of fish and wildlife species, these powers, duties,
183	responsibilities, and functions shall be focused at the
184	ecosystem or landscape level and shall include management of and
185	habitat restoration on public lands, development and
186	implementation of plans for nongame species management and
187	imperiled species recovery, scientific support and assistance to
188	private sector and public sector landowners on habitat-related
189	issues, aquatic habitat restoration and habitat management
190	assistance, land acquisition, and exotic species coordination
191	focused on measures to control and prevent the introduction of
192	exotic species.
193	(c)  Shall assign to the Division of Hunting and Game
194	Management such powers, duties, responsibilities, and functions
195	as are necessary to facilitate the responsible and sustained use
196	of wildlife resources. The division shall develop scientifically
197	based recommendations to support effective regulation of public
198	use and sound management of game wildlife resources, coordinate
199	the development and management of public hunting opportunities,
200	and provide hunter safety training and certification.
201	(d)  Shall assign to the Division of Law Enforcement such
202	powers, duties, responsibilities, and functions as are necessary
203	to ensure enforcement of the laws and rules governing the
204	management, protection, conservation, improvement, and expansion
205	of wildlife resources, freshwater aquatic life resources, and
206	marine life resources. In performance of their duties as sworn
207	law enforcement officers for the State of Florida, the
208	division's officers also shall enforce all laws relating to
209	boating, provide public safety for citizens on lands and waters
210	of the state, particularly in remote areas, provide search-and-
211	rescue and disaster response capabilities when necessary, assist
212	in the enforcement of all general laws, and coordinate with
213	local, state, and federal entities on enforcement issues.
214	(e)  Shall assign to the Boating and Waterways Section such
215	powers, duties, responsibilities, and functions as are necessary
216	to manage and promote the use of state waterways for safe and
217	enjoyable boating. Duties and responsibilities of the section
218	include, but are not limited to, oversight and coordination of
219	waterway markers on state waters, providing boating education and
220	boating safety programs, improving boating access, coordinating
221	the removal of derelict vessels from state waters, implementing
222	economic development initiatives to promote boating in the state,
223	and coordinating the submission of state comments on marine
224	events.
225	(f)  Shall assign to the Division of Marine Fisheries
226	Management such powers, duties, responsibilities, and functions
227	as are necessary to facilitate the responsible and sustained use
228	of marine life resources. The division shall develop
229	recommendations for managing and enhancing commercial and
230	recreational saltwater fisheries resources, implementing marine
231	fisheries management programs, and assisting in the development
232	and monitoring of artificial reefs in state waters.
233	(g)  Shall assign to the Fish and Wildlife Research
234	Institute such powers, duties, responsibilities, and functions as
235	are necessary to accomplish its mission. It shall be the mission
236	of the Fish and Wildlife Research Institute to:
237	1.  Serve as the primary source of research, technical
238	information, and expertise concerning the status of the state's
239	saltwater, freshwater, and terrestrial resources.
240	2.  Monitor the status and health of saltwater, freshwater,
241	and terrestrial species and their habitats.
242	3.  Develop restoration and management techniques for
243	habitats and enhancement of plant and animal populations.
244	4.  Respond to and provide critical technical support for
245	catastrophes including, but not limited to, oil spills, ship
246	groundings, major species die-offs, hazardous spills, and natural
247	disasters.
248	5.  Identify and monitor marine and freshwater harmful algal
249	blooms, including red tides, evaluate their impacts, and provide
250	technical support with regard to state and local public health
251	concerns.
252	6.  Provide state and local governments with technical
253	information and research results concerning fish and wildlife.
254	(8)  ADEQUATE DUE PROCESS PROCEDURES.--
255	(a)  The commission shall implement a system of adequate
256	due process procedures to be accorded to any party, as defined
257	in s. 120.52, whose substantial interests will be affected by
258	any action of the commission in connection with the performance
259	of its constitutional duties or responsibilities.
260	(b)  The Legislature encourages the commission to
261	incorporate in its process the provisions of s. 120.54(3)(c)
262	when adopting rules in connection with the performance of its
263	constitutional duties or responsibilities.
264	(c)  The commission shall follow the provisions of chapter
265	120 when adopting rules in connection with the performance of
266	its statutory duties or responsibilities. For purposes of this
267	subsection, statutory duties or responsibilities include, but
268	are not limited to, the following:
269	1.  Research and management responsibilities for marine
270	species listed as endangered or threatened, including, but not
271	limited to, manatees and marine turtles.
272	2.  Establishment and enforcement of boating safety
273	regulations.
274	3.  Land acquisition.
275	4.  Enforcement and collection of fees for all commercial
276	and recreational hunting or fishing licenses or permits.
277	5.  Aquatic plant removal using fish as a biological
278	control agent.
279	6.  Enforcement of penalties for violations of commission
280	rules and state laws, including, but not limited to, the seizure
281	and forfeiture of vessels and other equipment used to commit
282	those violations.
283	7.  Establishment of free fishing days.
284	8.  Regulation of off-road vehicles on state lands.
285	9.  Establishment and coordination of a statewide hunter
286	safety course.
287	10.  Establishment of programs and activities to develop
288	and distribute public education materials.
289	11.  Exercise of the police powers of sworn law enforcement
290	officers.
291	12.  Establishment of citizen support organizations to
292	provide assistance, funding, and promotional support for
293	programs of the commission.
294	13.  Creation of the Voluntary Authorized Hunter
295	Identification Program.
296	14.  Regulation of required clothing of persons hunting
297	deer.
298	(9)  PERMIT COMMENTING AUTHORITY.--Comments submitted by
299	the commission to a permitting agency regarding applications for
300	permits, licenses, or authorizations affecting the commission's
301	jurisdiction must be based on credible, factual scientific data
302	and must be received by the permitting agency within the time
303	specified by applicable statute or rule, or within 30 days,
304	whichever is shorter. Comments provided by the commission are
305	not binding on any permitting agency. Comments by the commission
306	shall be considered for consistency with the Florida Coastal
307	Management Program and ss. 373.428 and 380.23. If the commission
308	comments are used by a permitting agency as a condition of
309	denial, approval, or modification of a proposed permit, license,
310	or authorization, any party to an administrative proceeding
311	involving such proposed action may require the commission to
312	join as a party in determining the validity of the condition. In
313	any action where the commission is joined as a party, the
314	commission shall only bear the actual cost of defending the
315	validity of the credible, factual scientific data used as a
316	basis for comments.
317	(10)  LAND ACQUISITION AUTHORITY.--The commission shall
318	acquire, in the name of the state, lands and waters suitable for
319	the protection, improvement, and restoration of the state's wild
320	animal life, freshwater aquatic life, and marine life resources.
321	Lands may be acquired by purchase, lease, gift, or otherwise
322	using state, federal, or other sources of funding. Lands
323	acquired under this section shall be managed for recreational
324	and other multiple-use activities that do not impede the
325	commission's ability to perform its constitutional and statutory
326	duties and responsibilities.
327	(11)  EMPLOYEE BONDS.--The commission may require any
328	commission employee to give a bond for the faithful performance
329	of duties. The commission may determine the amount of the bond
330	and must approve the bond. In determining the amount of the
331	bond, the commission may consider the amount of money or
332	property likely to be in custody of the officer or employee at
333	any one time. The premium for the bond must be paid out of the
334	funds of the commission, and the bond must be payable to the
335	Governor and the Governor's successor in office.
336	Section 2.  Paragraph (b) of subsection (1) of section
337	20.2551, Florida Statutes, is amended to read:
338	20.2551  Citizen support organizations; use of property;
339	audit; public records; partnerships.--
340	(1)  DEFINITIONS.--For the purposes of this section, a
341	"citizen support organization" means an organization which is:
342	(b)  Organized and operated to conduct programs and
343	activities; raise funds; request and receive grants, gifts, and
344	bequests of money; acquire, receive, hold, invest, and
345	administer, in its own name, securities, funds, objects of
346	value, or other property, real or personal; and make
347	expenditures to or for the direct or indirect benefit of the
348	Department of Environmental Protection or individual units of
349	the department. The citizen support organization may not receive
350	funds from the department or the Florida Marine Research
351	Institute by grant, gift, or contract unless specifically
352	authorized by the Legislature;
353	Section 3.  Subsections (12) and (13) of section 370.021,
354	Florida Statutes, are renumbered as subsections (11) and (12),
355	respectively, and present subsection (11) of said section is
356	amended to read:
357	370.021  Administration; rules, publications, records;
358	penalties; injunctions.--
359	(11)  BOND OF EMPLOYEES.--The commission may require, as it
360	determines, that bond be given by any employee of the commission
361	or divisions thereof, payable to the Governor of the state and
362	the Governor's successor in office, for the use and benefit of
363	those whom it may concern, in such penal sums with good and
364	sufficient surety or sureties approved by the commission
365	conditioned for the faithful performance of the duties of such
366	employee.
367	Section 4.  Paragraph (e) of subsection (4) of section
368	370.0603, Florida Statutes, is amended to read:
369	370.0603  Marine Resources Conservation Trust Fund;
370	purposes.--
371	(4)  Funds transferred to the Marine Resources Conservation
372	Trust Fund from the Fuel Tax Collection Trust Fund pursuant to
373	s. 206.606 shall be used for the following purposes:
374	(e)  For other activities of the Office of Boating and
375	Waterways Section such as coordinating the submission of state
376	comments on boating-related events.
377
378	Funds not used in one fiscal year must be carried over for use
379	in subsequent years.
380	Section 5.  Section 370.06091, Florida Statutes, is amended
381	to read:
382	370.06091  Memorandum of agreement relating to Fish and
383	Wildlife Florida Marine Research Institute.--A memorandum of
384	agreement will be developed between the Department of
385	Environmental Protection and the Fish and Wildlife Conservation
386	Commission which will detail the responsibilities of the Fish
387	and Wildlife Florida Marine Research Institute to the
388	department, to include, at a minimum, the following services:
389	(1)  Environmental monitoring and assessment.
390	(2)  Restoration research and development of restoration
391	technology.
392	(3)  Technical support and response for oil spills, ship
393	groundings, major marine species die offs, hazardous spills, and
394	natural disasters.
395	Section 6.  Section 370.06092, Florida Statutes, is amended
396	to read:
397	370.06092  Harmful-Algal-Bloom Task Force.--
398	(1)  There is established a Harmful-Algal-Bloom Task Force
399	for the purpose of determining research, monitoring, control,
400	and mitigation strategies for red tide and other harmful algal
401	blooms in Florida waters. The Fish and Wildlife Florida Marine
402	Research Institute shall appoint to the task force scientists,
403	engineers, economists, members of citizen groups, and members of
404	government. The task force shall determine research and
405	monitoring priorities and control and mitigation strategies and
406	make recommendations to the Fish and Wildlife Florida Marine
407	Research Institute by October 1, 1999, for using funds as
408	provided in this act.
409	(2)  The Harmful-Algal-Bloom Task Force shall:
410	(a)  Review the status and adequacy of information for
411	monitoring physical, chemical, biological, economic, and public
412	health factors affecting harmful algal blooms in Florida;
413	(b)  Develop research and monitoring priorities for harmful
414	algal blooms in Florida, including detection, prediction,
415	mitigation, and control;
416	(c)  Develop recommendations that can be implemented by
417	state and local governments to develop a response plan and to
418	predict, mitigate, and control the effects of harmful algal
419	blooms; and
420	(d)  Make recommendations to the Fish and Wildlife Florida
421	Marine Research Institute by October 1, 1999, for research,
422	detection, monitoring, prediction, mitigation, and control of
423	harmful algal blooms in Florida.
424	(3)  After the completion of the tasks specified in
425	subsection (2), the Harmful-Algal-Bloom Task Force may be
426	continued at the pleasure of the Florida Marine Research
427	Institute.
428	Section 7.  Section 370.06093, Florida Statutes, is amended
429	to read:
430	370.06093  Harmful-algal-bloom program; implementation;
431	goals; funding.--
432	(1)(a)  The Fish and Wildlife Florida Marine Research
433	Institute shall implement a program designed to increase the
434	knowledge of factors that control harmful algal blooms,
435	including red tide, and to gain knowledge to be used for the
436	early detection of factors precipitating harmful algal blooms
437	for accurate prediction of the extent and seriousness of harmful
438	algal blooms and for undertaking successful efforts to control
439	and mitigate the effects of harmful algal blooms.
440	(b)  The Legislature intends that this program enhance and
441	address areas that are not adequately covered in the cooperative
442	federal-state program known as Ecology and Oceanography of
443	Harmful Algal Blooms (ECOHAB-Florida), which includes the
444	University of South Florida, the Mote Marine Laboratory, and the
445	Fish and Wildlife Florida Marine Research Institute.
446	(c)  The goal of this program is to enable resource
447	managers to assess the potential for public health damage and
448	economic damage from a given bloom and to undertake control and
449	mitigation efforts through the development and application of an
450	integrated detection and prediction network for monitoring and
451	responding to the development and movement of harmful algal
452	blooms in Florida marine and estuarine waters.
453	(2)  A financial disbursement program is created within the
454	Fish and Wildlife Florida Marine Research Institute to implement
455	the provisions of this act. Under the program, the institute
456	shall provide funding and technical assistance to government
457	agencies, research universities, coastal local governments, and
458	organizations with scientific and technical expertise for the
459	purposes of harmful-algal-bloom research, economic impact study,
460	monitoring, detection, control, and mitigation. The program may
461	be funded from state, federal, and private contributions.
462	Section 8.  Subsections (3) and (4) of section 370.16,
463	Florida Statutes, are renumbered as subsections (2) and (3),
464	respectively, subsections (6) through (8) are renumbered as
465	subsections (4) through (6), respectively, and present
466	subsections (2) and (5) of said section are amended to read:
467	370.16  Noncultured shellfish harvesting.--
468	(2)  SHELLFISH HARVESTING SEASONS; SPECIAL PROVISIONS
469	RELATING TO APALACHICOLA BAY.--
470	(a)  The Fish and Wildlife Conservation Commission shall by
471	rule set the noncultured shellfish harvesting seasons in
472	Apalachicola Bay.
473	(b)  If the commission changes the harvesting seasons by
474	rule as set forth in this subsection, for 3 years after the new
475	rule takes effect, the commission, in cooperation with the
476	Department of Agriculture and Consumer Services, shall monitor
477	the impacts of the new harvesting schedule on the bay and on
478	local shellfish harvesters to determine whether the new
479	harvesting schedule should be discontinued, retained, or
480	modified. In monitoring the new schedule and in preparing its
481	report, the following information shall be considered:
482	1.  Whether the bay benefits ecologically from the new
483	harvesting schedule.
484	2.  Whether the new harvesting schedule enhances the
485	enforcement of shellfish harvesting laws in the bay.
486	3.  Whether the new harvesting schedule enhances natural
487	shellfish production, oyster relay and planting programs, and
488	shell planting programs in the bay.
489	4.  Whether the new harvesting schedule has more than a
490	short-term adverse economic impact, if any, on local shellfish
491	harvesters.
492	(5)  WATER PATROL FOR COLLECTION OF TAX.--
493	(a)  The Fish and Wildlife Conservation Commission may
494	establish and maintain necessary patrols of the salt waters of
495	Florida, with authority to use such force as may be necessary to
496	capture any vessel or person violating the provisions of the
497	laws relating to oysters and clams, and may establish ports of
498	entry at convenient locations where the severance or privilege
499	tax levied on oysters and clams may be collected or paid and may
500	make such rules and regulations as it may deem necessary for the
501	enforcement of such tax.
502	(b)  Each person in any way dealing in shellfish harvesting
503	from public reefs or beds shall keep a record, on blanks or
504	forms prescribed by the commission, of all oysters, clams, and
505	shellfish taken, purchased, used, or handled by him or her, with
506	the name of the person from whom purchased, if purchased,
507	together with the quantity and the date taken or purchased, and
508	shall exhibit this account at all times when requested so to do
509	by the commission or any conservation agent; and he or she
510	shall, on the first day of each month, make a return under oath
511	to the commission as to the number of oysters, clams, and
512	shellfish purchased, caught, or handled during the preceding
513	month. The commission may require detailed returns whenever it
514	deems them necessary.
515	Section 9.  Subsection (4) of section 370.172, Florida
516	Statutes, is amended to read:
517	370.172  Spearfishing; definition; limitations; penalty.--
518	(4)  Pursuant to s. 11(a)(21), Art. III of the State
519	Constitution, the Legislature hereby prohibits special laws or
520	general laws of local application in conflict with this act, but
521	only such parts thereof as are in conflict with this act,
522	affecting spearfishing in salt waters and saltwater tributaries.
523	Section 10.  Paragraph (b) of subsection (1) of section
524	372.0215, Florida Statutes, is amended to read:
525	372.0215  Citizen support organizations; use of state
526	property; audit.--
527	(1)  The Fish and Wildlife Conservation Commission may
528	authorize the establishment of citizen support organizations to
529	provide assistance, funding, and promotional support for the
530	programs of the commission. For purposes of this section, the
531	term "citizen support organization" means an organization which:
532	(b)  Is organized and operated to conduct programs and
533	activities; raise funds; request and receive grants, gifts, and
534	bequests of money; acquire, receive, hold, invest, and
535	administer in its own name securities, funds, or real or
536	personal property; and make expenditures for the benefit of the
537	commission or an individual program unit of the commission;
538	except that such organization may not receive funds from the
539	commission or the Fish and Wildlife Florida Marine Research
540	Institute by grant, gift, or contract unless specifically
541	authorized by the Legislature.
542	Section 11.  Subsection (2) of section 372.0222, Florida
543	Statutes, is amended to read:
544	372.0222 Private publication agreements; advertising; costs
545	of production.--
546	(2)(a) Beginning January 1, 2005, the commission, with the
547	advice and assistance of the Florida Wildlife Magazine Advisory
548	Council, shall publish the Florida Wildlife Magazine. The
549	magazine shall be published on a quarterly basis in hard-copy
550	format and shall be available to the public by subscription and
551	retail distribution. The primary focus of the magazine shall be
552	to promote the heritage of hunting and fishing in Florida. The
553	magazine shall also disseminate information regarding other
554	outdoor recreational opportunities available to Floridians and
555	visitors.
556	(b)  In order to offset the cost of publication and
557	distribution of the magazine, the commission, with the advice
558	and assistance of the Florida Wildlife Magazine Advisory
559	Council, is authorized to sell advertising for placement in the
560	magazine and charge a magazine subscription fee. All revenues
561	generated by the magazine shall be credited to the State Game
562	Trust Fund.
563	(c)  The Florida Wildlife Magazine Advisory Council is
564	created within the commission to advise and make recommendations
565	to the commission regarding development and publication of the
566	Florida Wildlife Magazine. In order to accomplish this purpose,
567	the council shall provide recommendations to the commission
568	regarding:
569	1  The content of articles included in each edition of the
570	magazine.
571	2.  Advertising proposed for each edition of the magazine.
572	3.  Strategies to improve distribution and circulation of
573	the magazine.
574	4.  Cost-reduction measures regarding publication of the
575	magazine.
576	(d)  The Florida Wildlife Magazine Advisory Council shall
577	consist of seven members appointed by the commission, and
578	initial appointments shall be made no later than August 1, 2004.
579	When making initial appointments to the council and filling
580	vacancies, the commission shall appoint members to represent the
581	following interests: hunting; saltwater fishing; freshwater
582	fishing; recreational boating; recreational use of off-road
583	vehicles; hiking, biking, bird watching, or similar passive
584	activities; general business interests; and magazine publishing.
585	(e)  Three of the initial appointees shall serve 2-year
586	terms, and four of the initial appointees shall serve 3-year
587	terms. Subsequent to the expiration of the council members'

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