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
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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,
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17 Be It Enacted by the Legislature of the State of Florida:
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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;
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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
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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
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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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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.
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14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 CS/SB 1670
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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.
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