Senate Bill sb1670c2

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    Florida Senate - 2005                    CS for CS for SB 1670

    By the Committees on General Government Appropriations;
    Environmental Preservation; and Senators Dockery and Pruitt




    601-2211-05

  1                      A bill to be entitled

  2         An act relating to the Oceans and Coastal

  3         Resources Conservation and Management Act;

  4         creating part IV of ch. 161, F.S., consisting

  5         of ss. 161.70, 161.71, 161.72, 161.73, 161.74,

  6         161.75, and 161.76, F.S.; providing

  7         definitions; providing findings and intent;

  8         requiring that the Department of Environmental

  9         Protection, the Fish and Wildlife Conservation

10         Commission, and the Department of Agriculture

11         and Consumer Services to establish the Florida

12         Oceans and Coastal Council; providing for

13         membership of the council; providing for the

14         Secretary of Environmental Protection and the

15         executive director of the Fish and Wildlife

16         Conservation Commission to jointly chair the

17         council; providing responsibilities of the

18         council; requiring that the council undertake a

19         research review; providing for content and

20         access to the review; requiring the council to

21         prepare a research plan that recommends

22         research priorities; providing for annual

23         updates of the plan; providing for distribution

24         of the plan to the Legislature; prepare an

25         oceans and coastal resource assessment;

26         providing for contents of the assessment;

27         requiring the council to establish objectives

28         for research projects; providing for a pilot

29         project; authorizing rulemaking by the

30         Department of Environmental Protection and the

31         Fish and Wildlife Conservation Commission;

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 1         preserving authority otherwise granted to the

 2         commission and state agencies; providing an

 3         effective date.

 4  

 5         WHEREAS, Florida's coastline is the second longest

 6  coastline of the fifty states, and

 7         WHEREAS, the oceans and coastal resources of the state

 8  are held in trust for the people of the state and should be

 9  protected and managed for the benefit of current and future

10  generations, and

11         WHEREAS, it is imperative for the state, regional, and

12  local governments, academic and environmental communities, and

13  agricultural and fishery interests to commit to working

14  together to manage, rehabilitate, and protect Florida's oceans

15  and coastal resources, NOW, THEREFORE,

16  

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

18  

19         Section 1.  Part IV of chapter 161, Florida Statutes,

20  consisting of sections 161.70, 161.71, 161.72, 161.73, 161.74,

21  161.75, and 161.76, is created to read:

22                             PART IV

23           OCEANS AND COASTAL RESOURCES MANAGEMENT ACT

24         161.70  Short title.--This part may be cited as the

25  "Oceans and Coastal Resources Act."

26         161.71  Definitions.--As used in this part, the term:

27         (1)  "Commission" means the Fish and Wildlife

28  Conservation Commission created in s. 9, Art. IV of the State

29  Constitution.

30         (2)  "Council" means the Florida Oceans and Coastal

31  Council created by this act.

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 1         (3)  "Department" means the Department of Environmental

 2  Protection.

 3         (4)  "Executive director" means the Executive Director

 4  of the Fish and Wildlife Conservation Commission.

 5         (5)  "Oceans" means those waters from the mean

 6  high-water line outward to the state's jurisdictional boundary

 7  and those United States waters in which this state has an

 8  interest.

 9         (6)  "Secretary" means the Secretary of the Department

10  of Environmental Protection.

11         161.72  Findings and intent.--

12         (1)  The Legislature finds that:

13         (a)  The oceans and coastal resources of the United

14  States are of national importance;

15         (b)  The U.S. Commission on Ocean Policy has made 212

16  recommendations and the President has responded with an Ocean

17  Action Plan to better protect and preserve our oceans;

18         (c)  Florida's ocean and coastal resources contribute

19  significantly to the state economy by supporting multiple

20  beneficial uses and a wide range of economic value that

21  requires balancing of competing considerations;

22         (d)  Florida's oceans and coastal resources comprise

23  habitats that support endangered and threatened species and

24  extraordinary marine biodiversity;

25         (e)  The coral reefs of southeast Florida and the

26  barrier reef of the Florida Keys, the only barrier reef in the

27  United States, are a national treasure and must continue to be

28  protected;

29         (f)  It is Florida's responsibility to be a national

30  leader on oceans and coastal protection;

31  

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 1         (g)  It is in the state's best interest to ensure the

 2  productivity and health of our oceans and coastal resources;

 3         (h)  Florida's marine biodiversity at the species,

 4  natural community, seascape, and regional levels must be

 5  protected by restoring, rehabilitating, and maintaining the

 6  quality and natural function of oceans and coastal resources

 7  through an ecosystem-based management approach, as recommended

 8  by the U.S. Commission on Ocean Policy;

 9         (i)  The quality of our beaches and fisheries resources

10  must be protected to ensure the public health;

11         (j)  Protection must be provided to highly migratory

12  marine species, such as sea turtles and sea birds;

13         (k)  Opportunities must be increased to provide natural

14  resource-based recreation and encourage responsibility and

15  stewardship through educational opportunities;

16         (l)  Oceans and coastal research must be prioritized to

17  ensure coordination among researchers and managers and

18  long-term programs to observe, monitor, and assess oceans, and

19  coastal resources must be developed and implemented;

20         (m)  Development of coastal areas should be both

21  economically and environmentally sustainable, and

22  inappropriate growth in ecologically fragile or hazard-prone

23  areas should be discouraged; and

24         (n)  Conservation and restoration of coastal habitat

25  could be enhanced through the development of regional and

26  local goals, the institution of a program dedicated to coastal

27  and estuarine conservation, better coordination of the state's

28  activities relating to habitat, and improved research,

29  monitoring, and assessment.

30         (2)  It is the intent of the Legislature to create the

31  Oceans and Coastal Resources Council to assist the state in

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 1  identifying new management strategies to achieve the goal of

 2  maximizing the protection and conservation of ocean and

 3  coastal resources while recognizing their economic benefits.

 4         (3)  It is further the intent of the Legislature that

 5  the council shall encourage and support the development of

 6  creative public-private partnerships, pursue opportunities to

 7  leverage funds, and work in coordination with federal agencies

 8  and programs to maximize opportunities for the state's receipt

 9  of federal funds. 

10         161.73  Composition.--The Florida Oceans and Coastal

11  Council is created within the Department of Environmental

12  Protection and shall consist of 18 members. The secretary, the

13  executive director, and the commissioner of the Department of

14  Agriculture and Consumer Services, or their designees, shall

15  serve as ex-officio members of the council. The council shall

16  be jointly chaired by the secretary and the executive

17  director. The 15 voting members of the council shall be

18  appointed, within 60 days after this act becomes law, in the

19  following manner:

20         (1)  Five members shall be appointed by the Secretary

21  of the Department of Environmental Protection which will be

22  comprised of one scientist specializing in each of the

23  following fields: wetlands and watersheds; nearshore waters or

24  estuaries; offshore waters or open oceans; hydrology and

25  aquatic systems; and coastal geology or coastal erosion and

26  shorelines.

27         (2)  Five members shall be appointed by the Executive

28  Director of the Fish and Wildlife Conservation Commission

29  which will be comprised of one scientist specializing in each

30  of the following fields:  resource management; wildlife

31  

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 1  habitat management; fishery habitat management; coastal and

 2  pelagic birdlife; and marine biotechnology.

 3         (3)  Five members shall be appointed by the

 4  Commissioner of the Department of Agriculture and Consumer

 5  Services. These appointments shall be selected from a list of

 6  at least eight individuals submitted to the commissioner by

 7  the Florida Ocean Alliance. The individuals selected by the

 8  Florida Ocean Alliance shall be chosen from the following

 9  disciplines or groups:  sportsfishing; ports; cruise industry;

10  energy industry; ecotourism; private marine research

11  institutes; universities; aquaculture; maritime law;

12  commercial fisheries; socioeconomics; marine science

13  education; and environmental groups. 

14         (4)  Appointments made by the secretary and executive

15  director shall be to terms of 4 years each. Appointments made

16  by the Commissioner of the Department of Agriculture and

17  Consumer Services shall be to terms of 2 years. Members shall

18  serve until their successors are appointed. Vacancies shall be

19  filled in the manner of the original appointment for the

20  remainder of the term that is vacated.

21         (5)  Members shall serve without compensation, but are

22  entitled to reimbursement of travel and per diem expenses

23  pursuant to s. 112.061, relating to completing their duties

24  and responsibilities.

25         161.74  Responsibilities.--

26         (1)  RESEARCH REVIEW.--Prior to the development of the

27  research plan the council shall review and compile the

28  existing, ongoing, and planned ocean and coastal research and

29  monitoring activities relevant to this state. Included in this

30  review shall be the "Florida's Ocean Strategies Final Report

31  to the Governor" by the Florida Governor's Oceans Committee

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 1  dated June 1999. To aid the council in fulfilling this

 2  requirement, all public agencies must submit the information

 3  requested by the council, and private research institutes are

 4  encouraged to submit relevant information to the maximum

 5  extent practicable. Upon receiving the information required by

 6  this subsection, the council shall develop a library to serve

 7  as a repository of information for use by those involved in

 8  ocean and coastal research.  The council shall develop an

 9  index of this information to assist researchers in accessing

10  the information.

11         (2)  RESEARCH PLAN.--The council must complete a

12  Florida Oceans and Coastal Scientific Research Plan which

13  shall be used by the Legislature in making funding decisions.

14  The plan must recommend priorities for scientific research

15  projects. The plan must be submitted to the President of the

16  Senate and the Speaker of the House of Representatives by

17  January 15, 2006. Thereafter, annual updates to the plan must

18  be submitted to the President of the Senate and the Speaker of

19  the House of Representatives by February 1 of each year. The

20  research projects contained in the plan must meet at least one

21  of the following objectives:

22         (a)  Exploring opportunities to improve coastal

23  ecosystem functioning and health through watershed approaches

24  to managing freshwater and improving water quality.

25         (b)  Evaluating current habitat conservation, restoring

26  and maintaining programs, and recommending improvements in the

27  areas of research, monitoring and assessment.

28         (c)  Promoting marine biomedical or biotechnology

29  research and product discovery and development to enhance

30  Florida's opportunity to maximize the beneficial uses of

31  

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 1  marine-derived bioproducts and reduce negative health impacts

 2  of marine organisms.

 3         (d)  Creating consensus and strategies on how Florida

 4  can contribute to sustainable management of ocean wildlife and

 5  habitat.

 6         (e)  Documenting through examination of existing and

 7  new research the impact of marine and coastal debris and

 8  current best practices to reduce debris.

 9         (f)  Providing methods to achieve sustainable fisheries

10  through better science, governance, stock enhancements and

11  consideration of habitat and secondary impacts such as

12  bycatch.

13         (g)  Documenting gaps in current protection strategies

14  for marine mammals.

15         (h)  Promoting research and new methods to preserve and

16  restore coral reefs and other coral communities.

17         (i)  Achieving sustainable marine aquaculture.

18         (j)  Reviewing existing and ongoing studies on

19  preventing and responding to the spread of invasive and

20  nonnative marine and estuarine species.

21         (k)  Exploring ocean-based renewable energy

22  technologies and climate change-related impacts to Florida's

23  coastal area.

24         (l)  Enhancing science education opportunities such as

25  virtual marine technology centers.

26         (m)  Sustaining abundant birdlife and encouraging the

27  recreational and economic benefits associated with ocean and

28  coastal wildlife observation and photography.

29         (n)  Developing a statewide analysis of the economic

30  value associated with ocean and coastal resources, developing

31  economic baseline data, methodologies, and consistent measures

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    Florida Senate - 2005                    CS for CS for SB 1670
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 1  of oceans and coastal resource economic activity and value,

 2  and developing reports that educate Floridians, the National

 3  Ocean Policy Commission, local, state, and federal agencies

 4  and others on the importance of ocean and coastal resources.

 5         (3)  RESOURCE ASSESSMENT.--By December 1, 2006, the

 6  council shall prepare a comprehensive oceans and coastal

 7  resource assessment that shall serve as a baseline of

 8  information to be used in assisting in its research plan. The

 9  resource assessment must include:

10         (a)  Patterns of use of oceans and coastal resources;

11         (b)  Natural resource features, including, but not

12  limited to, habitat, bathymetry, surficial geology,

13  circulation, and tidal currents;

14         (c)  The location of current and proposed oceans and

15  coastal research and monitoring infrastructure;

16         (d)  Industrial, commercial, coastal observing system,

17  ships, subs, and recreational transit patterns; and

18         (e)  Socioeconomic trends of the state's oceans and

19  coastal resources and oceans and coastal economy.

20         161.75  Rulemaking authority.--The department and the

21  commission may adopt rules, pursuant to ss. 120.536(1) and

22  120.54, to administer this part.

23         161.76  Preservation of authority.--This part does not

24  restrict or limit the authority otherwise granted to the

25  commission, or other state agencies by law.

26         Section 2.  In order to protect, conserve, and restore

27  declining recreational fisheries, stimulate economic growth,

28  and help meet the state's seafood needs, the council created

29  in section 161.73, Florida Statutes, shall, as a pilot project

30  to demonstrate the feasibility of collaborative research

31  efforts, direct research by two or more marine science

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 1  research entities to evaluate the potential for inland,

 2  recirculating, and aquaculture technology to produce marine

 3  species and to implement new marine stock enhancement

 4  initiatives. This project shall be designed to expand new

 5  aquaculture and marine stock enhancement technology to include

 6  additional species and evaluate the potential to successfully

 7  enhance those marine stocks.  The council shall present to the

 8  Governor, the President of the Senate, and the Speaker of the

 9  House of Representatives the results of this research project

10  by February 1, 2007.

11         Section 3.  This act shall take effect upon becoming a

12  law.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                            CS/SB 1670

16                                 

17  This committee substitute:

18  o    Creates the Florida Oceans and Coastal Council within the
         Department of Environmental Protection, comprised of 18
19       members and three ex-officio members.

20  o    Directs the council to review and compile existing and
         ongoing ocean and coastal research and monitor activities
21       relevant to the state of Florida; complete a Florida
         Oceans and Coastal Scientific Research Plan by January
22       15, 2006; and prepare a comprehensive oceans and coastal
         resource assessment to serve as a baseline of information
23       for the research plan by December 1, 2006.

24  o    Creates a pilot project to demonstrate the feasibility of
         collaborative research efforts to evaluate the potential
25       for inland, recirculating, and aquaculture technology to
         produce marine species and to implement new marine stock
26       enhancement initiatives.

27  

28  

29  

30  

31  

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