Senate Bill sb2520c2

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    Florida Senate - 2004                    CS for CS for SB 2520

    By the Committees on Governmental Oversight and Productivity;
    Military and Veterans' Affairs, Base Protection, and
    Spaceports; and Senator Jones



    302-2571-04

  1                      A bill to be entitled

  2         An act relating to the Great Florida

  3         Wrek-reation Diving Trail Act; providing a

  4         popular name; providing purpose of the act;

  5         creating the Florida MARAD and U.S. Navy Vessel

  6         Placement Commission within the Office of

  7         Tourism, Trade, and Economic Development;

  8         providing membership, organization,

  9         administrative support, and duties of the

10         commission; providing that the commission is

11         subject to public records and public meetings

12         requirements; requiring the commission to

13         request and receive interagency comments;

14         providing for expiration of the commission;

15         providing for transfer of documents and

16         remaining assets of the commission; providing

17         an effective date.

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19         WHEREAS, in the past, the United States Navy has used

20  unneeded ships as targets for military exercises known as

21  sinking exercises, and

22         WHEREAS, now the Navy has devised an alternative means

23  of disposing of obsolete Navy vessels that allows the vessels

24  to serve in a productive capacity for hundreds of years past

25  their intended use, and

26         WHEREAS, the National Defense Authorization Bill for

27  fiscal year 2004 (H.R. 1588) allows appropriate decommissioned

28  ships to be donated for use as artificial reefing, and

29         WHEREAS, the process of using obsolete vessels as

30  man-made artificial reefs not only promotes marine life and

31  fishing but relieves pressures on natural coral reefs, and

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    Florida Senate - 2004                    CS for CS for SB 2520
    302-2571-04




 1         WHEREAS, the measure allows the Navy to accomplish the

 2  overall process for cost-effective donation transfer of

 3  available naval vessels, and

 4         WHEREAS, the United States Maritime Administration

 5  (MARAD) will coordinate federal agency solicitation and

 6  application for obtaining the vessels for use as artificial

 7  reefs, and

 8         WHEREAS, the donation and transfer application for all

 9  Navy and MARAD ships available for use as artificial reefs may

10  be submitted only by states, commonwealths, and territories

11  and possessions of the United States, or municipal

12  corporations or political subdivisions thereof, and

13         WHEREAS, the program provides a practical option for

14  disposing of inactive naval vessels in a cost-effective and

15  environmentally sound manner that can also promote ecotourism

16  associated with recreational diving and fishing in Florida,

17  NOW, THEREFORE,

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  (1)  POPULAR NAME.--This act may be

22  referred to by the popular name the "Great Florida

23  Wrek-reation Diving Trail Act of 2004."

24         (2)  PURPOSE.--The purpose of the Great Florida

25  Wrek-reation Diving Trail Act is to promote ecotourism

26  associated with recreational diving and fishing in Florida

27  through the placement of United States Maritime Administration

28  (MARAD) and United States Navy decommissioned vessels in

29  Florida waters as artificial reefs.

30         (3)  FLORIDA MARAD AND U.S. NAVY VESSEL PLACEMENT

31  COUNCIL; CREATION.--There is created within the Office of

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    Florida Senate - 2004                    CS for CS for SB 2520
    302-2571-04




 1  Tourism, Trade, and Economic Development the Florida MARAD and

 2  U.S. Navy Vessel Placement Council, which is a council as

 3  defined in section 20.03, Florida Statutes.

 4         (4)  MEMBERSHIP.--The council shall consist of five

 5  members, all of whom shall be residents of the state. Three

 6  members shall represent recreational scuba diving in Florida,

 7  one of whom shall be appointed by the President of the Senate,

 8  one of whom shall be appointed by the Speaker of the House of

 9  Representatives, and one of whom shall be appointed by the

10  Governor. Two members shall represent recreational fishing

11  interests and the tourism industry in Florida, one of whom

12  shall be appointed by the President of the Senate and one of

13  whom shall be appointed by the Speaker of the House of

14  Representatives. Members shall be appointed in such a manner

15  as to equitably represent different geographic areas of the

16  state. The initial appointments to the commission shall be

17  made no later than September 1, 2004.

18         (5)  ORGANIZATION.--

19         (a)  The Governor shall designate one member of the

20  council as its chair. Vacancies in membership of the council

21  shall be filled in the same manner as the original

22  appointments.

23         (b)  The council shall meet at least quarterly. A

24  majority of the members shall constitute a quorum for the

25  purpose of conducting business.

26         (c)  The council shall establish procedures for its

27  operations, including notice procedures for council meetings

28  and procedures with respect to the application process under

29  subsection (7).

30         (d)  Members of the council shall serve without

31  compensation but shall be entitled to per diem and travel

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    Florida Senate - 2004                    CS for CS for SB 2520
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 1  expenses pursuant to section 112.061, Florida Statutes, while

 2  in the performance of their duties.

 3         (e)  Each member of the council shall file full and

 4  public disclosure of financial interests at the times and

 5  places and in the same manner required of elected

 6  constitutional officers under Section 8, Article II of the

 7  State Constitution and any law implementing that provision.

 8         (f)  Records and meetings of the council shall be

 9  subject to the requirements of the public records law and

10  public meetings law in chapters 119 and 286, Florida Statutes,

11  respectively.

12         (g)  Members are subject to the dual-office-holding

13  prohibition of Section 5(a), Article II of the State

14  Constitution.

15         (6)  ADMINISTRATIVE SUPPORT.--The Office of Tourism,

16  Trade, and Economic Development shall provide administrative

17  support to the council for all of its activities. The council

18  is authorized to accept private donations to support council

19  activities. The council shall maintain a complete financial

20  record of all donations and expenditures, and shall file a

21  financial report with the Auditor General annually that

22  documents such donations and expenditures.

23         (7)  DUTIES.--

24         (a)  The council shall be the artificial reef

25  coordinator for Florida for purposes of the United States

26  Department of Transportation transfer of obsolete MARAD and

27  Navy vessels program.

28         (b)  The council shall review applications from Florida

29  counties and municipalities for placement of MARAD and U.S.

30  Navy decommissioned vessels in Florida waters as artificial

31  reefs.

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    Florida Senate - 2004                    CS for CS for SB 2520
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 1         (c)  The council shall receive donation transfer

 2  applications for such vessels and, using federal evaluation

 3  criteria, shall recommend to the Governor sites within the

 4  state for placement of such vessels.

 5         (d)  The council shall develop a master site plan for

 6  the purposes of maximizing the number and type of vessels for

 7  placement in Florida waters. Criteria shall include placement

 8  of vessels in a geographically dispersed manner.

 9         (8)  INTERAGENCY COMMENTS.--The council shall request

10  and receive interagency comments from local artificial reef

11  permitting agencies, the Department of Environmental

12  Protection, and the Fish and Wildlife Conservation Commission,

13  allowing a review period consistent with MARAD and U.S. Navy

14  application deadlines. Interagency comments on submitted

15  applications must be limited to that agency's area of

16  responsibility.

17         (9)  TERM.--The council shall expire on December 31,

18  2006, unless reenacted by the Legislature. Prior to

19  termination, all documents and all remaining assets of the

20  council shall be transferred to the Office of Tourism, Trade,

21  and Economic Development, pursuant to section 20.052, Florida

22  Statutes.

23         Section 2.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2004                    CS for CS for SB 2520
    302-2571-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2520

 3                                 

 4  Changes the "commission" to a "council" to meet the
    definitions provided in s. 20.03, F.S.
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    Provides that members serve without compensation but are
 6  entitled to per diem and travel pursuant to s. 112.061, F.S.

 7  Requires filing of public disclosure of financial interests.

 8  Provides that ch. 119, F.S., and s. 286.011, F.S., apply to
    meetings and records of the council.
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    Requires the council to file a financial statement with the
10  Auditor General.

11  Provides that all documents and remaining assets are
    transferred to the OTTED upon termination of the council.
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