Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1670
                        Barcode 383230
                            CHAMBER ACTION
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11  The Committee on General Government Appropriations (Baker)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Part IV of chapter 161, Florida Statutes,
19  consisting of sections 161.70, 161.71, 161.72, 161.73, 161.74,
20  161.75, and 161.76, is created to read:
21                             PART IV
22           OCEANS AND COASTAL RESOURCES MANAGEMENT ACT
23         161.70  Short title.--This part may be cited as the
24  "Oceans and Coastal Resources Act."
25         161.71  Definitions.--As used in this part, the term:
26         (a)  "Commission" means the Fish and Wildlife
27  Conservation Commission created in s. 9, Art. IV of the State
28  Constitution.
29         (b)  "Council" means the Florida Oceans and Coastal
30  Council created by this act.
31         (c)  "Department" means the Department of Environmental
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 Protection. 2 (d) "Executive director" means the executive director 3 of the Fish and Wildlife Conservation Commission. 4 (e) "Oceans" means those waters from the mean 5 high-water line outward to the state's jurisdictional boundary 6 and those United States waters in which this state has an 7 interest. 8 (f) "Secretary" means the secretary of the Department 9 of Environmental Protection. 10 161.72 FINDINGS AND INTENT.-- 11 (1) The Legislature finds that: 12 (a) The oceans and coastal resources of the United 13 States are of national importance; and 14 (b) The U.S. Commission on Ocean Policy has made 212 15 recommendations and the President has responded with an Ocean 16 Action Plan to better protect and preserve our oceans; and 17 (c) Florida's ocean and coastal resources contribute 18 significantly to the state economy by supporting multiple 19 beneficial uses and a wide range of economic value that 20 requires balancing of competing considerations; and 21 (d) Florida's oceans and coastal resources comprise 22 habitats that support endangered and threatened species and 23 extraordinary marine biodiversity; and 24 (e) The coral reefs of southeast Florida, and the 25 barrier reef of the Florida Keys, the only barrier reef in the 26 United States, are a national treasure, and must continue to 27 be protected; and 28 (f) It is Florida's responsibility to be a national 29 leader on oceans and coastal protection; and 30 (g) It is in the state's best interest to ensure the 31 productivity and health of our oceans and coastal resources; 2 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 and 2 (h) Florida's marine biodiversity, at the species, 3 natural community, seascape, and regional levels must be 4 protected by restoring, rehabilitating, and maintaining the 5 quality and natural function of oceans and coastal resources 6 through an ecosystem-based management approach, as recommended 7 by the U.S. Commission on Ocean Policy; and 8 (i) The quality of our beaches and fisheries resources 9 must be protected to ensure the public health; and 10 (j) Protection must be provided to highly migratory 11 marine species, such as sea turtles and sea birds; and 12 (k) Opportunities must be increased to provide natural 13 resource-based recreation and encourage responsibility and 14 stewardship through educational opportunities; and 15 (l) Oceans and coastal research must be prioritized to 16 ensure coordination among researchers and managers, and 17 long-term programs to observe, monitor, and assess oceans and 18 coastal resources must be developed and implemented; and 19 (m) Development of coastal areas should be both 20 economically and environmentally sustainable, and 21 inappropriate growth in ecologically fragile or hazard-prone 22 areas should be discouraged; and 23 (n) Conservation and restoration of coastal habitat 24 could be enhanced through the development of regional and 25 local goals, the institution of a program dedicated to coastal 26 and estuarine conservation, better coordination of the state's 27 activities relating to habitat, and improved research, 28 monitoring and assessment. 29 (2) It is the intent of the Legislature to create the 30 Oceans and Coastal Resources Council to assist the state in 31 identifying new management strategies to achieve the goal of 3 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 maximizing the protection and conservation of ocean and 2 coastal resources while recognizing their economic benefits. 3 (3) It is further the intent of the Legislature that 4 the council shall encourage and support the development of 5 creative public-private partnerships, pursue opportunities to 6 leverage funds, and work in coordination with federal agencies 7 and programs to maximize opportunities for the state's receipt 8 of federal funds. 9 161.73 COMPOSITION.--The Florida Oceans and Coastal 10 Council is created within the Department of Environmental 11 Protection and shall consist of 18 members. The secretary, the 12 executive director, and the commissioner of the Department of 13 Agriculture and Consumer Services, or their designees, shall 14 serve as ex-officio members of the council. The council shall 15 be jointly chaired by the secretary and the executive 16 director. The 15 voting members of the council shall be 17 appointed, within 60 days of this act becoming law, in the 18 following manner: 19 (1) Five members appointed by the Secretary of the 20 Department of Environmental Protection which will be comprised 21 of one scientist specializing in each of the following fields: 22 wetlands and watersheds; nearshore waters or estuaries; 23 offshore waters or open oceans; hydrology and aquatic systems; 24 and coastal geology or coastal erosion and shorelines. 25 (2) Five members appointed by the Executive Director 26 of the Fish and Wildlife Conservation Commission which will be 27 comprised of one scientist specializing in each of the 28 following fields: resource management; wildlife habitat 29 management; fishery habitat management; coastal and pelagic 30 birdlife; and marine biotechnology. 31 (3) Five members appointed by the Commissioner of the 4 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 Department of Agriculture and Consumer Services. These 2 appointments shall be selected from a list of at least 8 3 individuals submitted by the Florida Ocean Alliance to the 4 Commissioner of the Department of Agriculture and Consumer 5 Services. The individuals selected by the Florida Ocean 6 Alliance shall be chosen from the following disciplines or 7 groups: sportsfishing; ports; cruise industry; energy 8 industry; ecotourism; private marine research institutes; 9 universities; aquaculture; maritime law; commercial fisheries; 10 socioeconomics; marine science education; and environmental 11 groups. 12 (4) Appointments made by the secretary and executive 13 director shall be to terms of 4 years each. Appointments made 14 by the Commissioner of the Department of Agriculture and 15 Consumer Services shall be to terms of 2 years. Members shall 16 serve until their successors are appointed. Vacancies shall be 17 filled in the manner of the original appointment for the 18 remainder of the term that is vacated. 19 (5) Members shall serve without compensation, but are 20 entitled to reimbursement of travel and per diem expenses 21 pursuant to section 112.061, Florida Statutes, relating to 22 completing their duties and responsibilities. 23 161.74 RESPONSIBILITIES.-- 24 (1) Research Review--Prior to the development of the 25 research plan the council shall review and compile the 26 existing, ongoing and planned ocean and coastal research and 27 monitoring activities relevant to the state of Florida. 28 Included in this review shall be the "Florida's Ocean 29 Strategies Final Report to the Governor" by the Florida 30 Governor's Oceans Committee dated June 1999. To aid the 31 council in fulfilling this requirement all public agencies 5 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 must submit the information requested by the council and 2 private research institutes are encouraged to submit relevant 3 information to the maximum extent practicable. Upon receiving 4 the information required by this provision the council shall 5 develop a library to serve as repository of information for 6 use by those involved in ocean and coastal research. The 7 council shall develop an index of this information to assist 8 researchers in accessing the information. 9 (2) Research Plan.--The council must complete a 10 Florida Oceans and Coastal Scientific Research Plan which 11 shall be used by the Legislature in making funding decisions. 12 The plan must recommend priorities for scientific research 13 projects. The plan must be submitted to the President of the 14 Senate and the Speaker of the House of Representatives by 15 January 15, 2006. Thereafter, annual updates to the plan must 16 be submitted to the President of the Senate and the Speaker of 17 the House of Representatives by February 1 of each year. The 18 research projects contained in the plan must meet at least one 19 of the following objectives: 20 (a) Exploring opportunities to improve coastal 21 ecosystem functioning and health through watershed approaches 22 to managing freshwater and improving water quality. 23 (b) Evaluating current habitat conservation, 24 restoration and maintenance programs and recommending 25 improvements in the areas of research, monitoring and 26 assessment. 27 (c) Promoting marine biomedical or biotechnology 28 research and product discovery and development to enhance 29 Florida's opportunity to maximize the beneficial uses of 30 marine-derived bioproducts, and reduce negative health impacts 31 of marine organisms. 6 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 (d) Creating consensus and strategies on how Florida 2 can contribute to sustainable management of ocean wildlife and 3 habitat. 4 (e) Documenting through examination of existing and 5 new research the impact of marine and coastal debris and 6 current best practices to reduce debris. 7 (f) Methods to achieve sustainable fisheries through 8 better science, governance, stock enhancements and 9 consideration of habitat and secondary impacts such as 10 bycatch. 11 (g) Documenting gaps in current protection strategies 12 for marine mammals. 13 (h) Promoting research and new methods to preserve and 14 restore coral reefs and other coral communities. 15 (i) Achieving sustainable marine aquaculture. 16 (j) Reviewing existing and ongoing studies on 17 preventing and responding to the spread of invasive and 18 nonnative marine and estuarine species. 19 (k) Exploring ocean-based renewable energy 20 technologies and climate change-related impacts to Florida's 21 coastal area. 22 (l) Enhancing science education opportunities such as 23 virtual marine technology centers. 24 (m) Sustaining abundant birdlife and encouraging the 25 recreational and economic benefits associated with ocean and 26 coastal wildlife observation and photography. 27 (n) Developing a statewide analysis of the economic 28 value associated with ocean and coastal resources, developing 29 economic baseline data, methodologies, and consistent measures 30 of oceans and coastal resource economic activity and value, 31 and developing reports that educate Floridians, the National 7 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 Ocean Policy Commission, local, state and federal agencies and 2 others on the importance of ocean and coastal resources. 3 (3) Resource Assessment--By December 1, 2006, the 4 council shall prepare a comprehensive oceans and coastal 5 resource assessment that shall serve as a baseline of 6 information to be used in assisting in their research plan. 7 The resource assessment must include: 8 (a) Patterns of use of oceans and coastal resources; 9 (b) Natural resource features, including, but not 10 limited to, habitat, bathymetry, surficial geology, 11 circulation, and tidal currents; 12 (c) The location of current and proposed oceans and 13 coastal research and monitoring infrastructure; 14 (d) Industrial, commercial, coastal observing system, 15 ships, subs, and recreational transit patterns; and 16 (e) Socioeconomic trends of the state's oceans and 17 coastal resources and oceans and coastal economy. 18 Section 2. In order to protect, conserve, and restore 19 declining recreational fisheries, stimulate economic growth, 20 and help meet the state's seafood needs, the council created 21 in s. 161.73, Florida Statutes, shall, as a pilot project to 22 demonstrate the feasibility of collaborative research efforts, 23 direct research by two or more marine science research 24 entities to evaluate the potential for inland, recirculating, 25 and aquaculture technology to produce marine species and to 26 implement new marine stock enhancement initiatives. This 27 project shall be designed to expand new aquaculture and marine 28 stock enhancement technology to include additional species and 29 evaluate the potential to successfully enhance those marine 30 stocks. The council shall present to the Governor, the 31 President of the Senate, and the Speaker of the House of 8 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 Representatives the results of this research project by 2 February 1, 2007. 3 161.75 Rulemaking authority.--The department and the 4 commission may adopt rules, pursuant to ss. 120.536(1) and 5 120.54, to administer this part. 6 161.76 Preservation of authority.--This part does not 7 restrict or limit the authority otherwise granted to the 8 commission, or other state agencies by law. 9 Section 3. This act shall take effect upon becoming a 10 law. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 An act to be entitled 19 An act relating to the Oceans and Coastal 20 Resources Conservation and Management Act; 21 creating part IV of ch. 161, F.S., consisting 22 of ss. 161.70, 161.171, 161.72, 161.73, 161.74, 23 161.75, and 161.76, F.S.; providing 24 definitions; providing findings and intent; 25 requiring that the Department of Environmental 26 Protection, the Fish and Wildlife Conservation 27 Commission and the Department of Agriculture 28 and Consumer Services to establish the Florida 29 Oceans and Coastal Council; providing for 30 membership of the council; providing for the 31 Secretary of Environmental Protection and the 9 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 executive director of the Fish and Wildlife 2 Conservation Commission to jointly chair the 3 council; providing responsibilities of the 4 council; requiring that the council undertake a 5 research review; providing for content and 6 access to the review; requiring the council to 7 prepare a research plan that recommends 8 research priorities; providing for annual 9 updates of the plan; providing for distribution 10 of the plan to the Legislature; prepare an 11 oceans and coastal resource assessment; 12 providing for contents of the assessment; 13 requiring the council to establish objectives 14 for research projects; providing for a pilot 15 project; authorizing rulemaking by the 16 Department of Environmental Protection and the 17 Fish and Wildlife Conservation Commission; 18 preserving authority otherwise granted to the 19 commission, and state agencies; providing an 20 effective date. 21 22 WHEREAS, Florida's coastline is the second longest 23 coastline of the fifty states, and 24 WHEREAS, the oceans and coastal resources of the state 25 are held in trust for the people of the state and should be 26 protected and managed for the benefit of current and future 27 generations, and 28 WHEREAS, it is imperative for the state, regional, and 29 local governments, academic and environmental communities, and 30 agricultural and fishery interests to commit to working 31 together to manage, rehabilitate, and protect Florida's oceans 10 5:18 PM 04/19/05 s1670.ga20.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Barcode 383230 1 and coastal resources, NOW, THEREFORE, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 5:18 PM 04/19/05 s1670.ga20.01a