Senate Bill sb2520e2

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  1                      A bill to be entitled

  2         An act relating to MARAD and U.S. Navy Vessel

  3         placement; creating the Florida MARAD and U.S.

  4         Navy Vessel Placement Advisory Council within

  5         the Fish and Wildlife Conservation Commission;

  6         providing membership, organization,

  7         administrative support, and duties of the

  8         council; providing that the council is subject

  9         to public records and public meetings

10         requirements; providing for expiration of the

11         council; providing funding to support travel

12         and per diem; providing an effective date.

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

15  unneeded ships as targets for military exercises known as

16  sinking exercises, and

17         WHEREAS, now the Navy has devised an alternative means

18  of disposing of obsolete Navy vessels that allows the vessels

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

20  their intended use, and

21         WHEREAS, the National Defense Authorization Bill for

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

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

24         WHEREAS, the process of using obsolete vessels as

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

26  fishing but relieves pressures on natural coral reefs, and

27         WHEREAS, the measure allows the Navy to accomplish the

28  overall process for cost-effective donation transfer of

29  available naval vessels, and

30         WHEREAS, the United States Maritime Administration

31  (MARAD) will coordinate federal agency solicitation and


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 1  application for obtaining the vessels for use as artificial

 2  reefs, and

 3         WHEREAS, the donation and transfer application for all

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

 5  be submitted only by states, commonwealths, and territories

 6  and possessions of the United States, or municipal

 7  corporations or political subdivisions thereof, and

 8         WHEREAS, the program provides a practical option for

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

10  environmentally sound manner that can also promote ecotourism

11  associated with recreational diving and fishing in Florida,

12  NOW, THEREFORE,

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

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16         Section 1.  (1)  FLORIDA MARAD AND U.S. NAVY VESSEL

17  PLACEMENT ADVISORY COUNCIL; CREATION.--There is created within

18  the Fish and Wildlife Conservation Commission the Florida

19  MARAD and U.S. Navy Vessel Placement Advisory Council, which

20  is a council as defined in section 20.03, Florida Statutes.

21         (2)  MEMBERSHIP.--The council shall consist of five

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

23  members shall represent recreational scuba diving in Florida,

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

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

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

27  Governor. Two members shall represent recreational fishing

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

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

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

31  Representatives. Members shall be appointed in such a manner


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 1  as to equitably represent different geographic areas of the

 2  state. The initial appointments to the council shall be made

 3  no later than September 1, 2004.

 4         (3)  ORGANIZATION.--

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

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

 7  shall be filled in the same manner as the original

 8  appointments.

 9         (b)  The council shall meet quarterly or at the call of

10  the chairman. A majority of the members shall constitute a

11  quorum for the purpose of conducting business.

12         (c)  The council shall establish procedures for its

13  operations, including notice procedures for council meetings

14  and procedures with respect to the application process under

15  subsection (5).

16         (d)  Members of the council shall serve without

17  compensation but shall be entitled to per diem and travel

18  expenses pursuant to section 112.061, Florida Statutes, while

19  in the performance of their duties.

20         (e)  Records and meetings of the council shall be

21  subject to the requirements of the public records law and

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

23  respectively.

24         (4)  ADMINISTRATIVE SUPPORT.--The commission shall

25  provide administrative support to the council for all of its

26  activities. The commission is authorized to accept private

27  donations to support council activities. The commission shall

28  maintain a complete financial record of all donations and

29  expenditures.

30         (5)  DUTIES.--

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 1         (a)  The council shall advise the commission on matters

 2  relating to the obsolete MARAD and U.S. Navy vessel transfer

 3  program.

 4         (b)  The council shall review applications from Florida

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

 6  Navy decommissioned vessels in Florida waters as artificial

 7  reefs.

 8         (c)  The council shall rank donation transfer

 9  applications for such vessels using federal evaluation

10  criteria and shall recommend to the commission sites within

11  the state for placement of such vessels.

12         (d)  The council shall assist the commission in the

13  development of a master site plan for the purposes of

14  maximizing the number and type of vessels for placement in

15  Florida waters.

16         (6)  TERM.--The council shall expire on December 31,

17  2006.

18         Section 2.  This act shall take effect July 1, 2004.

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