Senate Bill sb2820c2

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    By the Committees on Governmental Oversight and Productivity;
    Natural Resources; and Senator Argenziano




    302-2576-04

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 20.331,

  4         F.S.; reorganizing the commission; granting

  5         rights and privileges to the commission;

  6         providing responsibilities and duties of the

  7         executive director; revising the administrative

  8         structure of the commission; providing that the

  9         principal unit for program services within the

10         commission shall be a division headed by a

11         director; providing that the principal unit for

12         research services within the commission is the

13         Fish and Wildlife Research Institute; providing

14         that the principal subunit within a division

15         shall be a section headed by a leader;

16         providing that the principal subunit within a

17         section shall be a subsection headed by an

18         administrator; establishing divisions and

19         sections within the commission; providing that

20         the principal unit for administrative and

21         support services shall be the Office of

22         Executive Direction and Administrative Support

23         Services headed by the executive director of

24         the commission; establishing additional offices

25         within the Office of Executive Direction and

26         Administrative Support Services; providing that

27         the head of an office shall be a director;

28         providing an exception; providing position

29         classifications within the state employee

30         system; providing for reallocation of certain

31         duties and functions; providing that additional

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 1         divisions of the commission may only be created

 2         by general law; providing that divisions,

 3         offices, and sections created by this act may

 4         only be abolished by general law; authorizing

 5         the Department of Management Services and the

 6         Executive Office of the Governor to establish

 7         and approve new sections, subsections, and

 8         offices as initiated by the commission;

 9         assigning duties and responsibilities to the

10         divisions; providing powers, duties,

11         responsibilities, and functions of the Boating

12         and Waterways Section; providing for adequate

13         due process procedures; establishing statutory

14         duties of the commission; authorizing the

15         commission to provide comments to permitting

16         agencies; authorizing the commission to acquire

17         lands in the name of the state for certain

18         purposes; providing for employee bonds at the

19         request of the commission; amending s. 20.2551,

20         F.S.; deleting provisions authorizing grants

21         from the Florida Marine Research Institute to

22         citizen support organizations within the

23         Department of Environmental Protection;

24         amending ss. 370.0603, 370.06091, 370.06093,

25         372.0215, 372.5701, 372.5702, and 403.0882,

26         F.S.; conforming provisions to changes made by

27         the act; amending s. 370.06092, F.S.; deleting

28         obsolete provisions; conforming provisions to

29         changes made by the act; amending s. 372.0222,

30         F.S.; requiring the commission to publish the

31         Florida Wildlife Magazine; creating the Florida

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 1         Wildlife Magazine Advisory Council; requiring

 2         the council to make recommendations to the

 3         commission regarding magazine publication;

 4         providing for qualifications of members,

 5         appointment of members, terms of office,

 6         administrative support, and reimbursement for

 7         travel expenses; amending s. 372.0225, F.S.;

 8         revising requirements for the regulation of the

 9         promotion, marketing, and quality control of

10         freshwater organisms; repealing s. 370.021(11),

11         F.S., relating to employee bond requirements;

12         repealing s. 370.16(2) and (5), F.S., relating

13         to noncultured shellfish harvesting; repealing

14         s. 370.172(4), F.S., relating to spearfishing;

15         repealing s. 370.083, F.S., relating to special

16         acts; repealing s. 370.162, F.S., relating to

17         the purchase of sponges; repealing s. 372.051,

18         F.S., relating to the seal of the commission;

19         repealing s. 372.9906, F.S., relating to the

20         Wildlife Law Enforcement Program; repealing

21         subsection (3) of section 5 of chapter 99-245,

22         Laws of Florida, relating to the Florida Marine

23         Research Institute; providing an appropriation

24         to the commission from the State Game Trust

25         Fund to fund publication of the Florida

26         Wildlife Magazine; providing an effective date.

27  

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

29  

30         Section 1.  Section 20.331, Florida Statutes, is

31  amended to read:

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 1         (Substantial rewording of section. See

 2         s. 20.331, F.S., for present text.)

 3         20.331  Fish and Wildlife Conservation Commission.--

 4         (1)  RIGHTS AND PRIVILEGES.--The Legislature,

 5  recognizing the Fish and Wildlife Conservation Commission as

 6  being specifically authorized by the State Constitution under

 7  s. 9, Art. IV, grants rights and privileges to the commission,

 8  as contemplated by s. 6, Art. IV of the State Constitution.

 9  These rights and privileges are equal to those of departments

10  established under this chapter while preserving the

11  commission's constitutional designation and title.

12         (2)  HEAD OF THE COMMISSION.--The head of the Fish and

13  Wildlife Conservation Commission is the commission, with

14  commissioners appointed by the Governor as provided for in s.

15  9, Art. IV of the State Constitution.

16         (3)  EXECUTIVE DIRECTOR.--

17         (a)  To aid the commission in the implementation of its

18  constitutional and statutory responsibilities, the Legislature

19  authorizes the commission to appoint and fix the salary of a

20  person who is not a member of the commission to serve as the

21  executive director, and to remove such person at its pleasure.

22  The executive director shall supervise, direct, coordinate,

23  and administer all activities necessary to fulfill the

24  commission's constitutional and statutory responsibilities.

25  The executive director shall be reimbursed for per diem and

26  travel expenses incurred in the discharge of official duties

27  as provided in s. 112.061. The executive director shall

28  maintain headquarters in and reside in Tallahassee.

29         (b)  Each executive director must be confirmed by the

30  Senate during the regular legislative session immediately

31  following his or her appointment by the commission.

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 1         (4)  PROGRAM AND RESEARCH SERVICES.--Within the Fish

 2  and Wildlife Conservation Commission, the principal unit for

 3  program services is a "division" headed by a "director." The

 4  principal subunit of the division is a "section" headed by a

 5  "leader." The principal subunit of the section is a

 6  "subsection" headed by an "administrator."

 7         (a)  The following divisions and section are created

 8  within the commission:

 9         1.  Division of Freshwater Fisheries Management.

10         2.  Division of Habitat and Species Conservation.

11         3.  Division of Hunting and Game Management.

12         4.  Division of Law Enforcement. There is created

13  within the division the Boating and Waterways Section with

14  duties and responsibilities as provided in paragraph (7)(e).

15         5.  Division of Marine Fisheries Management.

16         (b)  The principal unit for research services within

17  the commission is the Fish and Wildlife Research Institute

18  which shall be headed by a director.

19         (5)  ADMINISTRATIVE AND SUPPORT SERVICES.--The

20  principal unit for administrative and support services is the

21  Office of Executive Direction and Administrative Support

22  Services, headed by the executive director of the commission.

23  Each office within this principal unit shall be headed by a

24  "director". The following administrative and support offices

25  are created within the Office of Executive Direction and

26  Administrative Support Services:

27         (a)  Finance and Budget.

28         (b)  Human Resources.

29         (c)  Information Technology.

30         (d)  Inspector General.

31         (e)  Legal.

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 1         (f)  Regional Operations.

 2         1.  Within the Regional Operations office, the

 3  executive director may establish regional offices for each of

 4  the administrative regions established by the commission. Each

 5  regional office shall be headed by a "director."

 6         (6)  GENERAL PROVISIONS.--

 7         (a)  Section leader positions are classified at a level

 8  equal to bureau chiefs, and subsection administrator positions

 9  are classified at a level equal to section administrators, as

10  established in s. 20.04. At the discretion of the executive

11  director, director positions shall be classified at a level

12  equal to division directors, bureau chiefs, or section

13  administrators, as established in s. 20.04.

14         (b)  Unless specifically authorized by law, the

15  commission may not reallocate duties and functions assigned by

16  law to a specific unit of the commission. Functions assigned

17  generally to the commission without specific designation to a

18  unit of the commission may be allocated at the discretion of

19  the commission.

20         (c)  Divisions, sections, and offices created by this

21  act may be abolished only by general law. Additional divisions

22  in the commission may only be established by general law. New

23  sections, subsections, and offices of the commission may be

24  initiated by the commission and established as recommended by

25  the Department of Management Services and approved by the

26  Executive Office of the Governor, or may be established by

27  general law.

28         (7)  ASSIGNMENT OF DUTIES AND RESPONSIBILITIES.--The

29  commission, and the Legislature as provided in s. 9, Art. IV,

30  of the State Constitution, shall assign to the:

31  

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 1         (a)  Fish and Wildlife Research Institute such powers,

 2  duties, responsibilities, and functions as are necessary to

 3  accomplish its mission, which is to:

 4         1.  Serve as the primary source of research and

 5  technical information and expertise on the status of marine

 6  life, freshwater aquatic life, and wild animal life resources

 7  in this state;

 8         2.  Monitor the status and health of marine life,

 9  freshwater aquatic life, and wild animal life species and

10  their habitat;

11         3.  Develop restoration and management techniques for

12  habitat and enhancement of plant and animal populations;

13         4.  Respond to and provide critical technical support

14  for catastrophes including oil spills, ship groundings, major

15  species die-offs, hazardous spills, and natural disasters;

16         5.  Identify and monitor harmful algal blooms including

17  red tides, evaluate their impacts, and provide technical

18  support concerning state and local public health concerns; and

19         6.  Provide state and local governments with technical

20  information and research results concerning fish and wild

21  animal life.

22         (b)  Division of Freshwater Fisheries Management such

23  powers, duties, responsibilities, and functions as are

24  necessary to facilitate the responsible and sustained use of

25  freshwater aquatic life resources. The division shall provide

26  expertise on freshwater fish populations or other aspects of

27  freshwater fisheries needed for recreational and commercial

28  use management decisions.  The division also shall assess

29  impacts of decisions made by others to ensure quality

30  fisheries and fishing in lakes, fish management areas, rivers,

31  and streams in this state.

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 1         (c)  Division of Habitat and Species Conservation such

 2  powers, duties, responsibilities, and functions as are

 3  necessary to protect and conserve the state's diverse and

 4  unique fish and wild animal life.  Powers, duties,

 5  responsibilities and functions of the division must be focused

 6  at the ecosystem or landscape level and must include the

 7  management of public lands, habitat restoration on public

 8  lands, development and implementation of nongame species

 9  management plans, development and implementation of imperiled

10  species recovery plans, providing scientific support and

11  assistance on habitat-related issues to public and private

12  landowners, aquatic habitat restoration, habitat management

13  assistance, land acquisition, and exotic species coordination

14  focused on measures that prevent and control the introduction

15  of exotic species.  The division shall utilize scientific data

16  to develop resource management plans that maintain stable or

17  increasing populations of fish and wild animal life.

18         (d)  Division of Hunting and Game Management such

19  powers, duties, responsibilities, and functions as are

20  necessary to facilitate the responsible and sustained use of

21  wild animal life resources. The division must develop

22  scientifically based recommendations that support effective

23  regulation and sound management of game wild animal life

24  resources.  The division must also coordinate the development

25  and management of public hunting opportunities and provide

26  hunter safety training and certification.

27         (e)  Division of Law Enforcement such powers, duties,

28  responsibilities, and functions as are necessary to ensure

29  enforcement of laws and rules governing the management,

30  protection, conservation, improvement, and expansion of wild

31  animal life, freshwater aquatic life, and marine life

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 1  resources. In performance of their duties as sworn law

 2  enforcement officers for the State of Florida, the division's

 3  officers also shall enforce all laws relating to boating,

 4  provide public safety services for citizens on lands and

 5  waters of the state particularly in remote areas, provide

 6  search-and-rescue and disaster response services when

 7  necessary, assist in the enforcement of all general laws, and

 8  coordinate with local, state and federal entities on law

 9  enforcement issues.

10         1.  The Boating and Waterways Section such powers,

11  duties, responsibilities, and functions as are necessary to

12  manage and promote the use of state waterways for safe and

13  enjoyable boating. Duties and responsibilities of the section

14  include oversight and coordination of waterway markers on

15  state waters, providing boating education and boating safety

16  programs, improving boating access, coordinating the removal

17  of derelict vessels from state waters, implementing economic

18  development initiatives to promote boating in the state, and

19  coordinating the submission of state comments on marine

20  events.

21         (f)  Division of Marine Fisheries Management such

22  powers, duties, responsibilities, and functions as are

23  necessary to facilitate the responsible and sustained use of

24  marine life resources. The division shall develop

25  recommendations for managing and enhancing commercial and

26  recreational saltwater fisheries resources, implement marine

27  fisheries management programs, and assist in the development

28  and monitoring of artificial reefs in state waters.

29         (8)  ADEQUATE DUE PROCESS PROCEDURES.--

30         (a)  The commission shall implement a system of

31  adequate due process procedures to be accorded to any party,

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 1  as defined in s. 120.52, whose substantial interests will be

 2  affected by any action of the commission in the performance of

 3  its constitutional duties or responsibilities.

 4         (b)  The Legislature encourages the commission to

 5  incorporate into its process the provisions of s. 120.54(3)(c)

 6  when adopting rules in the performance of its constitutional

 7  duties or responsibilities.

 8         (c)  The commission shall follow the provisions of

 9  chapter 120 when adopting rules in the performance of its

10  statutory duties or responsibilities. For purposes of this

11  subsection, the commission's statutory duties or

12  responsibilities include, but are not limited to:

13         1.  Research and management responsibilities for marine

14  species listed as endangered or threatened, including manatees

15  and marine turtles;

16         2.  Establishment and enforcement of boating safety

17  regulations;

18         3.  Land acquisition;

19         4.  Enforcement and collection of fees for all

20  commercial and recreational hunting or fishing licenses or

21  permits;

22         5.  Aquatic plant removal using fish as a biological

23  control agent;

24         6.  Enforcement of penalties for violations of

25  commission rules and state laws, including, but not limited

26  to, the seizure and forfeiture of vessels and other equipment

27  used to commit those violations;

28         7.  Establishment of free fishing days;

29         8.  Regulation of off-road vehicles on state lands;

30         9.  Establishment and coordination of a statewide

31  hunter safety course;

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 1         10.  Establishment of programs and activities to

 2  develop and distribute public education materials;

 3         11.  Police powers of sworn law enforcement officers;

 4         12.  Establishment of citizen support organizations to

 5  provide assistance, funding and promotional support for

 6  programs of the commission;

 7         13.  Creation of the voluntary authorized hunter

 8  identification program; and

 9         14.  Regulation of required clothing of persons hunting

10  deer.

11         (9)  PERMIT COMMENTING AUTHORITY.--Comments submitted

12  by the commission to a permitting agency regarding

13  applications for permits, licenses, or authorizations

14  affecting the commission's jurisdiction must be based on

15  credible, factual scientific data, and must be received by the

16  permitting agency within the time specified by applicable

17  statutes or rules, or within 30 days, whichever is sooner.

18  Comments provided by the commission are not binding on any

19  permitting agency. Comments by the commission shall be

20  considered for consistency with the Florida Coastal Management

21  Program and ss. 373.428 and 380.23. If the commission comments

22  are used by a permitting agency as a condition of denial,

23  approval, or modification of a proposed permit, license, or

24  authorization, any party to an administrative proceeding

25  involving such proposed action may require the commission to

26  join as a party in determining the validity of the condition.

27  In any action in which the commission is joined as a party,

28  the commission shall bear only the actual cost of defending

29  the validity of the credible, factual scientific data used as

30  a basis for comments.

31  

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 1         (10)  LAND ACQUISITION AUTHORITY.--The commission shall

 2  acquire, in the name of the state, lands and waters suitable

 3  for the protection, improvement, and restoration of the

 4  state's wild animal life, freshwater aquatic life, and marine

 5  life resources. Lands may be acquired by purchase, lease,

 6  gift, or otherwise, using state, federal, or other sources of

 7  funding. Lands acquired under this section shall be managed

 8  for recreational and other multiple-use activities that do not

 9  impede the commission's ability to perform its constitutional

10  and statutory duties and responsibilities.

11         (11)  EMPLOYEE BONDS.--The commission may require any

12  commission employee to give a bond for the faithful

13  performance of duties. The commission may determine the amount

14  of the bond and must approve the bond. In determining the

15  amount of the bond, the commission may consider the amount of

16  money or property likely to be in the custody of the officer

17  or employee at any one time. The premium for the bond must be

18  paid out of the funds of the commission, and the bond must be

19  payable to the Governor of the state and the Governor's

20  successor in office.

21         Section 2.  Subsection (1) of section 20.2551, Florida

22  Statutes, is amended to read:

23         20.2551  Citizen support organizations; use of

24  property; audit; public records; partnerships.--

25         (1)  DEFINITIONS.--For the purposes of this section, a

26  "citizen support organization" means an organization which is:

27         (a)  A Florida corporation not for profit incorporated

28  under the provisions of chapter 617 and approved by the

29  Department of State;

30         (b)  Organized and operated to conduct programs and

31  activities; raise funds; request and receive grants, gifts,

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 1  and bequests of money; acquire, receive, hold, invest, and

 2  administer, in its own name, securities, funds, objects of

 3  value, or other property, real or personal; and make

 4  expenditures to or for the direct or indirect benefit of the

 5  Department of Environmental Protection or individual units of

 6  the department. The citizen support organization may not

 7  receive funds from the department or the Florida Marine

 8  Research Institute by grant, gift, or contract unless

 9  specifically authorized by the Legislature;

10         (c)  Determined by the appropriate division of the

11  Department of Environmental Protection to be consistent with

12  the goals of the department and in the best interests of the

13  state; and

14         (d)  Approved in writing by the department to operate

15  for the direct or indirect benefit of the individual units of

16  the department. Such approval shall be given in a letter of

17  agreement from the department.

18         Section 3.  Paragraph (e) of subsection (4) of section

19  370.0603, Florida Statutes, is amended to read:

20         370.0603  Marine Resources Conservation Trust Fund;

21  purposes.--

22         (4)  Funds transferred to the Marine Resources

23  Conservation Trust Fund from the Fuel Tax Collection Trust

24  Fund pursuant to s. 206.606 shall be used for the following

25  purposes:

26         (e)  For other activities of the Office of Boating and

27  Waterways Section such as coordinating the submission of state

28  comments on boating-related events.

29  

30  Funds not used in one fiscal year must be carried over for use

31  in subsequent years.

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 1         Section 4.  Section 370.06091, Florida Statutes, is

 2  amended to read:

 3         370.06091  Memorandum of agreement relating to Fish and

 4  Wildlife Florida Marine Research Institute.--A memorandum of

 5  agreement will be developed between the Department of

 6  Environmental Protection and the Fish and Wildlife

 7  Conservation Commission which will detail the responsibilities

 8  of the Fish and Wildlife Florida Marine Research Institute to

 9  the department, to include, at a minimum, the following

10  services:

11         (1)  Environmental monitoring and assessment.

12         (2)  Restoration research and development of

13  restoration technology.

14         (3)  Technical support and response for oil spills,

15  ship groundings, major marine species die offs, hazardous

16  spills, and natural disasters.

17         Section 5.  Section 370.06092, Florida Statutes, is

18  amended to read:

19         370.06092  Harmful-Algal-Bloom Task Force.--

20         (1)  There is established a Harmful-Algal-Bloom Task

21  Force for the purpose of determining research, monitoring,

22  control, and mitigation strategies for red tide and other

23  harmful algal blooms in Florida waters. The Fish and Wildlife

24  Florida Marine Research Institute shall appoint to the task

25  force scientists, engineers, economists, members of citizen

26  groups, and members of government. The task force shall

27  determine research and monitoring priorities and control and

28  mitigation strategies and make recommendations to the Fish and

29  Wildlife Florida Marine Research Institute by October 1, 1999,

30  for using funds as provided in this act.

31         (2)  The Harmful-Algal-Bloom Task Force shall:

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 1         (a)  Review the status and adequacy of information for

 2  monitoring physical, chemical, biological, economic, and

 3  public health factors affecting harmful algal blooms in

 4  Florida;

 5         (b)  Develop research and monitoring priorities for

 6  harmful algal blooms in Florida, including detection,

 7  prediction, mitigation, and control;

 8         (c)  Develop recommendations that can be implemented by

 9  state and local governments to develop a response plan and to

10  predict, mitigate, and control the effects of harmful algal

11  blooms; and

12         (d)  Make recommendations to the Fish and Wildlife

13  Florida Marine Research Institute by October 1, 1999, for

14  research, detection, monitoring, prediction, mitigation, and

15  control of harmful algal blooms in Florida.

16         (3)  After the completion of the tasks specified in

17  subsection (2), the Harmful-Algal-Bloom Task Force may be

18  continued at the pleasure of the Florida Marine Research

19  Institute.

20         Section 6.  Section 370.06093, Florida Statutes, is

21  amended to read:

22         370.06093  Harmful-algal-bloom program; implementation;

23  goals; funding.--

24         (1)(a)  The Fish and Wildlife Florida Marine Research

25  Institute shall implement a program designed to increase the

26  knowledge of factors that control harmful algal blooms,

27  including red tide, and to gain knowledge to be used for the

28  early detection of factors precipitating harmful algal blooms

29  for accurate prediction of the extent and seriousness of

30  harmful algal blooms and for undertaking successful efforts to

31  control and mitigate the effects of harmful algal blooms.

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 1         (b)  The Legislature intends that this program enhance

 2  and address areas that are not adequately covered in the

 3  cooperative federal-state program known as Ecology and

 4  Oceanography of Harmful Algal Blooms (ECOHAB-Florida), which

 5  includes the University of South Florida, the Mote Marine

 6  Laboratory, and the Fish and Wildlife Florida Marine Research

 7  Institute.

 8         (c)  The goal of this program is to enable resource

 9  managers to assess the potential for public health damage and

10  economic damage from a given bloom and to undertake control

11  and mitigation efforts through the development and application

12  of an integrated detection and prediction network for

13  monitoring and responding to the development and movement of

14  harmful algal blooms in Florida marine and estuarine waters.

15         (2)  A financial disbursement program is created within

16  the Fish and Wildlife Florida Marine Research Institute to

17  implement the provisions of this act. Under the program, the

18  institute shall provide funding and technical assistance to

19  government agencies, research universities, coastal local

20  governments, and organizations with scientific and technical

21  expertise for the purposes of harmful-algal-bloom research,

22  economic impact study, monitoring, detection, control, and

23  mitigation. The program may be funded from state, federal, and

24  private contributions.

25         Section 7.  Paragraphs (a) and (b) of subsection (1) of

26  section 372.0215, Florida Statutes, are amended to read:

27         372.0215  Citizen support organizations; use of state

28  property; audit.--

29         (1)  The Fish and Wildlife Conservation Commission may

30  authorize the establishment of citizen support organizations

31  to provide assistance, funding, and promotional support for

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 1  the programs of the commission.  For purposes of this section,

 2  the term "citizen support organization" means an organization

 3  which:

 4         (a)  Is a corporation not for profit incorporated

 5  pursuant to the provisions of chapter 617 and approved by the

 6  Department of State.;

 7         (b)  Is organized and operated to conduct programs and

 8  activities; raise funds; request and receive grants, gifts,

 9  and bequests of money; acquire, receive, hold, invest, and

10  administer in its own name securities, funds, or real or

11  personal property; and make expenditures for the benefit of

12  the commission or an individual program unit of the

13  commission; except that such organization may not receive

14  funds from the commission or the Fish and Wildlife Florida

15  Marine Research Institute by grant, gift, or contract unless

16  specifically authorized by the Legislature.

17         Section 8.  Subsection (2) of section 372.0222, Florida

18  Statutes, is amended to read:

19         372.0222  Private publication agreements; advertising;

20  costs of production.--

21         (2)(a)  Beginning January 1, 2005, the commission, with

22  the advice and assistance of the Florida Wildlife Magazine

23  Advisory Council, shall publish the Florida Wildlife Magazine.

24  The magazine shall be published at least on a quarterly basis

25  in hard-copy format and shall be available to the public by

26  subscription and retail distribution. The primary focus of the

27  magazine shall be to promote the heritage of hunting and

28  fishing in Florida. The magazine shall also disseminate

29  information regarding other outdoor recreational opportunities

30  available to Floridians and visitors.

31  

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 1         (b)  In order to offset the cost of publication and

 2  distribution of the magazine, the commission, with the advice

 3  and assistance of the Florida Wildlife Magazine Advisory

 4  Council, is authorized to sell advertising for placement in

 5  the magazine. The commission shall have the right to approve

 6  all elements of any advertising placed in the magazine,

 7  including the form and content thereof. The magazine shall

 8  include a statement providing that the inclusion of

 9  advertising in the magazine does not constitute an endorsement

10  by the state or the commission of the products or services so

11  advertised. The commission may charge an annual magazine

12  subscription fee of up to $25, a 2-year magazine subscription

13  fee of up to $45, and a 3-year magazine subscription fee of up

14  to $60. The commission may charge a retail per copy fee of up

15  to $7. The provisions of chapter 287 do not apply to the sale

16  of advertising for placement in the magazine. All revenues

17  generated by the magazine shall be credited to the State Game

18  Trust Fund.

19         (c)  The Florida Wildlife Magazine Advisory Council is

20  created within the commission to advise and make

21  recommendations to the commission regarding development,

22  publication, and sale of the Florida Wildlife Magazine. In

23  order to accomplish this purpose, the council shall provide

24  recommendations to the commission regarding:

25         1.  The content of articles included in each edition of

26  the magazine.

27         2.  Advertising proposed for each edition of the

28  magazine.

29         3.  Strategies to improve distribution and circulation

30  of the magazine.

31  

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 1         4.  Cost-reduction measures regarding publication of

 2  the magazine.

 3         (d)  The Florida Wildlife Magazine Advisory Council

 4  shall consist of seven members appointed by the commission,

 5  and initial appointments shall be made no later than August 1,

 6  2004. When making initial appointments to the council and

 7  filling vacancies, the commission shall appoint members to

 8  represent the following interests: hunting; saltwater fishing;

 9  freshwater fishing; recreational boating; recreational use of

10  off-road vehicles; hiking, biking, bird watching, or similar

11  passive activities; general business interests; and magazine

12  publishing.

13         (e)  Two of the initial appointees shall serve 2-year

14  terms, two of the initial appointees shall serve 3-year terms,

15  and three of the initial appointees shall serve 4-year terms.

16  Subsequent to the expiration of the initial terms, advisory

17  council appointees shall serve 4-year terms.

18         (f)  The members of the advisory council shall elect a

19  chair annually.

20         (g)  The council shall meet at least quarterly at the

21  call of its chair, at the request of a majority of its

22  membership, or at the request of the commission. A majority of

23  the council shall constitute a quorum for the transaction of

24  business.

25         (h)  The commission shall provide the council with

26  clerical, expert, technical, or other services. All expenses

27  of the council shall be paid from appropriations made by the

28  Legislature to the commission. All vouchers shall be approved

29  by the executive director before submission to the Chief

30  Financial Officer for payment.

31  

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 1         (i)  Members of the council shall serve without

 2  compensation but shall receive per diem and reimbursement for

 3  travel expenses as provided in s. 112.061.

 4         (j)  Advisory council members may be reappointed.

 5  Advisory council members shall serve at the pleasure of the

 6  commission. The Fish and Wildlife Conservation Commission may

 7  sell advertising in the Florida Wildlife Magazine to offset

 8  the cost of publication and distribution of the magazine.

 9         Section 9.  Section 372.0225, Florida Statutes, is

10  amended to read:

11         372.0225  Freshwater organisms.--

12         (1)  The Division of Freshwater Fisheries of the Fish

13  and Wildlife Conservation Commission, in order to manage the

14  promotion, marketing, and quality control of all freshwater

15  organisms produced in Florida and utilized commercially so

16  that such organisms shall be used to produce the optimum

17  sustained yield consistent with the protection of the breeding

18  stock, is directed and charged with the responsibility of:

19         (a)  Providing for the regulation of the promotion,

20  marketing, and quality control of freshwater organisms

21  produced in Florida and utilized commercially.

22         (b)  Regulating the processing of commercial freshwater

23  organisms on the water or on the shore.

24         (c)  Providing documentation standards and statistical

25  record requirements with respect to commercial freshwater

26  organism catches.

27         (d)  Conducting scientific, economic, and other studies

28  and research on all freshwater organisms produced in the state

29  and used commercially.

30         (2)  The responsibility with which the commission

31  Division of Freshwater Fisheries is charged under subsection

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 1  (1) shall in no way supersede or duplicate the

 2  responsibilities of the Department of Agriculture and Consumer

 3  Services under chapter 500, the Florida Food Safety Act,

 4  chapter 597, the Florida Aquaculture Policy Act, and the rules

 5  adopted thereunder.

 6         Section 10.  Subsection (3) of section 372.5701,

 7  Florida Statutes, is amended to read:

 8         372.5701  Deposit of license fees; allocation of

 9  federal funds.--

10         (3)  Funds available from the Wallop-Breaux Aquatic

11  Resources Trust Fund shall be distributed by the commission

12  between freshwater fisheries management and research the

13  Division of Freshwater Fisheries and marine fisheries

14  management and research the Division of Marine Fisheries in

15  proportion to the numbers of resident fresh and saltwater

16  anglers as determined by the most current data on license

17  sales.  Unless otherwise provided by federal law, the

18  commission, at a minimum, shall provide the following:

19         (a)  Not less than 5 percent or more than 10 percent of

20  the funds allocated to the commission shall be expended for an

21  aquatic resources education program; and

22         (b)  Not less than 10 percent of the funds allocated to

23  the commission shall be expended for acquisition, development,

24  renovation, or improvement of boating facilities.

25         Section 11.  Section 372.5702, Florida Statutes, is

26  amended to read:

27         372.5702  Expenditure of funds.--Any moneys available

28  pursuant to s. 372.5701(1)(c) may be expended by the

29  commission within Florida through grants and contracts for

30  research with research institutions including but not limited

31  to:  Florida Sea Grant; Florida Marine Resources Council;

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 1  Harbour Branch Oceanographic Institute; Technological Research

 2  and Development Authority; Fish and Wildlife Florida Marine

 3  Research Institute of the Fish and Wildlife Conservation

 4  Commission; Mote Marine Laboratory; Marine Resources

 5  Development Foundation; Florida Institute of Oceanography;

 6  Rosentiel School of Marine and Atmospheric Science; and

 7  Smithsonian Marine Station at Ft. Pierce.

 8         Section 12.  Subsection (3) of section 403.0882,

 9  Florida Statutes, is amended to read:

10         403.0882  Discharge of demineralization concentrate.--

11         (3)  The department shall initiate rulemaking no later

12  than October 1, 2001, to address facilities that discharge

13  demineralization concentrate. The department shall convene a

14  technical advisory committee to assist in the development of

15  the rules, which committee shall include one representative

16  each from the demineralization industry, local government,

17  water and wastewater utilities, the engineering profession,

18  business, and environmental organizations. The technical

19  advisory committee shall also include one member representing

20  the five water management districts and one representative

21  from the Fish and Wildlife Florida Marine Research Institute.

22  In convening the technical advisory committee, consideration

23  must be given to geographical balance. The rules must address,

24  at a minimum:

25         (a)  Permit application forms for concentrate disposal;

26         (b)  Specific options and requirements for

27  demineralization concentrate disposal, including a

28  standardized list of effluent and monitoring parameters, which

29  may be adjusted or expanded by the department as necessary to

30  protect water quality;

31  

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 1         (c)  Specific requirements and accepted methods for

 2  evaluating mixing of effluent in receiving waters; and

 3         (d)  Specific toxicity provisions.

 4         Section 13.  Subsection (11) of section 370.021;

 5  subsections (2) and (5) of section 370.16; subsection (4) of

 6  section 370.172; and sections 370.083, 370.162, 372.051, and

 7  372.9906, Florida Statutes, are repealed.

 8         Section 14.  Subsection (3) of section 5 of chapter

 9  99-245, Laws of Florida, is repealed.

10         Section 15.  Beginning in the 2004-2005 fiscal year,

11  4.5 full-time equivalent positions are authorized and the sum

12  of $390,000 is appropriated from the State Game Trust Fund to

13  the Fish and Wildlife Conservation Commission to fund

14  operating and publication costs of the Florida Wildlife

15  Magazine and travel costs and per diem for the Florida

16  Wildlife Magazine Advisory Council.

17         Section 16.  This act shall take effect July 1, 2004.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                            CS/SB 2820

21                                 

22  Provides that the Boating and Waterways Section is to
    coordinate the submission of state comments on marine events.
23  
    Provides that the commission has the right to approve all
24  elements of any advertising placed in the Florida Wildlife
    Magazine.
25  
    Requires the magazine to include a statement that inclusion of
26  advertising in the magazine does not constitute an endorsement
    by the state.
27  
    Provides that council appointees serve 4-year, instead of
28  2-year, terms.

29  

30  

31  

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