Senate Bill sb1856

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    Florida Senate - 2007                                  SB 1856

    By Senator Bennett





    21-916-07                                           See HB 759

  1                      A bill to be entitled

  2         An act relating to the placement of vessels in

  3         state waters to form artificial reefs; amending

  4         s. 370.25, F.S., relating to the state's

  5         artificial reef program; providing legislative

  6         findings; authorizing the planning development

  7         of a statewide matching grant program to secure

  8         and place United States Maritime Administration

  9         and United States Navy decommissioned vessels

10         in Florida waters as artificial reefs;

11         authorizing the planning and development of a

12         pilot program for the preparation and

13         deployment of a specified decommissioned vessel

14         in Key West to serve as a model for the

15         development of procedures for the placement of

16         such vessels in Florida waters; providing for

17         administration of the programs by the Florida

18         Commission on Tourism; providing for

19         implementation of the programs subject to

20         appropriations; providing objectives of the

21         programs; creating s. 370.255, F.S.; providing

22         for the establishment of the Florida

23         Decommissioned Vessel Placement Program and

24         matching grant program by the Florida

25         Commission on Tourism; providing purposes of

26         the program; providing a limitation on the

27         total annual allocation of funds for the grant

28         program; providing a limitation on individual

29         grants awarded under the program; specifying

30         the percentage of the state matching grant;

31         providing procedures and requirements with

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1         respect to the programs; authorizing the

 2         Department of Environmental Protection to adopt

 3         rules; providing for the establishment of a

 4         pilot program to fund the preparation and

 5         deployment of a specified vessel in state

 6         waters; providing for reports; providing

 7         requirements with respect to funds provided

 8         under the pilot program; providing procedures

 9         and requirements with respect to the pilot

10         program; providing for a report; providing an

11         appropriation; providing for carryover of

12         funds; providing an effective date.

13  

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

15  unneeded ships as targets for military exercises known as

16  sinking exercises, and

17         WHEREAS, now the Navy has devised an alternative means

18  of disposing of obsolete Navy vessels that allows the vessels

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

20  their intended use, and

21         WHEREAS, the National Defense Authorization Act for

22  Fiscal Year 2004 allows appropriate decommissioned ships to be

23  donated for use as artificial reefing, and

24         WHEREAS, the process of using obsolete vessels as

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

26  fishing but relieves pressures on natural coral reefs, and

27         WHEREAS, the measure allows the Navy to accomplish the

28  overall process for the cost-effective donation and transfer

29  of available naval vessels, and

30         WHEREAS, the United States Maritime Administration

31  (MARAD) will coordinate the federal agency solicitation and

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1  application for obtaining the vessels for use as artificial

 2  reefs, and

 3         WHEREAS, the donation and transfer application for all

 4  United States Navy and MARAD ships available for use as

 5  artificial reefs may be submitted only by states,

 6  commonwealths, and territories and possessions of the United

 7  States, or municipal corporations or political subdivisions

 8  thereof, and

 9         WHEREAS, the placement in Florida waters of the U.S.S.

10  Spiegel Grove in 2002 and the U.S.S. Oriskany in 2006 has

11  already provided a substantial economic benefit to the state

12  and to communities and businesses in the proximity of the

13  placements, and

14         WHEREAS, the U.S.S. General Hoyt S. Vandenberg, a

15  520-foot military vessel, is being sought as the next

16  decommissioned vessel to be deployed as an artificial reef at

17  a currently permitted site off the coast of Key West,

18  contingent upon funds being made fully available for the

19  preparation and sinking of the vessel, and

20         WHEREAS, Florida already has the Florida Maritime

21  Heritage Trail, a collection of locations that are open to the

22  public in Florida and which currently include six themes,

23  those themes being Coastal Communities, Coastal Environments,

24  Coastal Forts, Lighthouses, Historic Ports, and Historic

25  Shipwrecks, and

26         WHEREAS, this act would add a new, seventh theme to the

27  Maritime Heritage Trail, a United States Navy vessel theme,

28  and

29         WHEREAS, the program provides a practical option for

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

31  environmentally sound manner that can continue to promote

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1  ecotourism associated with recreational diving and fishing in

 2  Florida, NOW, THEREFORE,

 3  

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

 5  

 6         Section 1.  Subsection (8) is added to section 370.25,

 7  Florida Statutes, to read:

 8         370.25  Artificial reef program; grants and financial

 9  and technical assistance to local governments.--

10         (8)  The Legislature finds that a statewide matching

11  grant program to secure and place United States Maritime

12  Administration (MARAD) and United States Navy decommissioned

13  vessels in Florida waters as artificial reefs would be of

14  great benefit to Floridians in promoting ecotourism associated

15  with recreational diving and fishing in Florida. The

16  Legislature further finds that a pilot program for the

17  preparation and deployment of the U.S.S. General Hoyt S.

18  Vandenberg in Key West would assist in the appropriate

19  development of procedures for the placement of decommissioned

20  vessels in Florida waters. Therefore, the Legislature hereby

21  authorizes the planning and development of a statewide

22  matching grant program and a pilot program as described in

23  this subsection to be administered by the commission. The

24  programs will be implemented subject to appropriations. The

25  objectives in establishing the programs shall be to:

26         (a)  Assist in reducing the pressures on natural coral

27  reefs in Florida waters and increasing the opportunities for

28  recreational diving and fishing.

29         (b)  Provide a mechanism through which local counties

30  and municipalities that are permitted to place vessels in

31  Florida waters as artificial reefs can apply for and receive

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1  state matching grants for the placement of decommissioned

 2  MARAD and United States Navy vessels. Funds may be used for

 3  cleaning, preparing, towing, and sinking of such

 4  decommissioned vessels.

 5         (c)  Provide state funds that would be matched with

 6  local funds, federal funds, and funds from local businesses.

 7         (d)  Establish criteria to determine eligibility for

 8  such state matching funds.

 9         (e)  Assist local counties and municipalities with the

10  donation and transfer application for United States Navy and

11  MARAD decommissioned vessels available for use as artificial

12  reefs in accordance with MARAD application evaluation

13  criteria.

14         (f)  Develop a master plan for the purposes of

15  maximizing the number and type of vessels to be placed in

16  Florida waters that provides for the location of vessels in

17  the most geographically effective and beneficial manner.

18         (g)  Establish and promote standards for the placement

19  of MARAD and United States Navy decommissioned vessels in

20  Florida waters, consistent with current environmental

21  standards and the mandate of Section 3516 of the National

22  Defense Authorization Act for Fiscal Year 2004 and the 2006

23  publication, "National Guidance: Best Management Practices for

24  Preparing Vessels Intended to Create Artificial Reefs,"

25  published jointly by the United States Environmental

26  Protection Agency and the United States Maritime

27  Administration, which emphasized minimization of the release

28  of harmful substances into the environment while

29  decommissioned vessels are at anchorage and are undergoing

30  disposal processes.

31  

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1         (h)  Provide for and receive interagency comments from

 2  the agencies responsible for the permitting of artificial

 3  reefs and the Florida Department of Environmental Protection,

 4  allowing for a review period consistent with MARAD and United

 5  States Navy application deadlines.

 6         (i)  Establish a United States Navy vessel component as

 7  a seventh theme for Florida's Maritime Heritage Trail,

 8  consistent with the responsibilities of the Florida Commission

 9  on Tourism and the Office of Tourism, Trade, and Economic

10  Development under s. 288.1224(11) with respect to nature-based

11  tourism and heritage tourism.

12         (j)  Provide for title of decommissioned vessels to be

13  transferred to the state.

14         Section 2.  Section 370.255, Florida Statutes, is

15  created to read:

16         370.255  Florida Decommissioned Vessel Placement

17  Program; matching grant program.--

18         (1)  The commission is authorized to establish the

19  Florida Decommissioned Vessel Placement Program, a matching

20  grant program for the securing and placement of United States

21  Maritime Administration (MARAD) and United States Navy

22  decommissioned vessels in Florida waters to serve as

23  artificial reefs and, pursuant thereto, to make expenditures

24  and enter into contracts with local governments and nonprofit

25  corporations for the purpose of securing and placing MARAD and

26  United States Navy decommissioned vessels as artificial reefs

27  in Florida waters pursuant to s. 370.25(8). The commission

28  shall have final approval of grants awarded through this

29  program.

30         (2)  The total annual allocation of funds for the grant

31  program may not exceed $12 million. Each grant awarded under

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1  the program shall be limited to no more than $3 million and

 2  shall be matched by nonstate dollars. The limit for a state

 3  matching grant shall be 33 percent of total cost securing and

 4  placing the vessel.

 5         (3)  The commission may:

 6         (a)  Receive submissions of requests for matching funds

 7  and documentation relating to those requests;

 8         (b)  Approve requests for matching funds; and

 9         (c)  Allocate matching funds to local governments or

10  nonprofit corporations.

11         (4)  To demonstrate that a local government or

12  nonprofit corporation meets the required criteria, the local

13  government or nonprofit corporation must submit formal

14  agreements, written pledges, memorandums of understanding,

15  financing arrangements, or other documents demonstrating that

16  nonstate matching funds are available for securing and placing

17  the vessel prior to submission of an application. Matching

18  grant funds shall be released only upon documentation that the

19  applicant meets all established criteria.

20         (5)  The department is authorized to adopt rules

21  pursuant to ss. 120.536(1) and 120.54 to address procedures

22  necessary to administer the matching grants provided in this

23  section.

24         (6)  In accordance with the findings stated in s.

25  370.25(8), the commission shall establish a pilot program to

26  fund the preparation and deployment of the U.S.S. General Hoyt

27  S. Vandenberg in the waters off Key West and shall, by January

28  1, 2008, and each year thereafter, provide to the Governor,

29  the President of the Senate, and the Speaker of the House of

30  Representatives an annual report on the success and outcomes

31  achieved by the pilot program, with a recommendation as to

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1  whether the pilot program should be continued, terminated, or

 2  expanded. The commission shall also report on the procedures

 3  developed and used for the proper preparation and deployment

 4  of the U.S.S. General Hoyt S. Vandenberg consistent with the

 5  objectives stated in s. 370.25(8).

 6         (7)  To the extent that funding is made available, the

 7  pilot program shall provide funds in the amount of $2 million

 8  to pay for a portion of the cost of the preparation and

 9  deployment of the U.S.S. General Hoyt S. Vandenberg in the

10  waters off Key West. Such funds are in addition to any other

11  funds appropriated for this purpose. The commission shall

12  develop procedures for conducting the pilot program,

13  including, but not limited to, procedures for determining

14  eligibility, providing payment, ensuring that payment is

15  limited solely to the costs of preparing and deploying the

16  vessel, and ensuring that payments are made to eligible

17  persons or local governments in the order in which each is

18  determined eligible until the funds are exhausted. The

19  commission shall examine and use, to the extent possible,

20  other available options for funding the cost of the

21  preparation and deployment of the U.S.S. General Hoyt S.

22  Vandenberg, including the use of funds raised by private

23  agencies or persons.

24         (8)  No later than January 1, 2008, and each January 1

25  thereafter, the commission shall submit a report to the

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

27  House of Representatives detailing the expenditure of the

28  funds appropriated to it for the purposes of carrying out the

29  provisions of this section.

30         Section 3.  The sum of $10 million is appropriated for

31  the 2007-2008 fiscal year from nonrecurring general revenue to

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    Florida Senate - 2007                                  SB 1856
    21-916-07                                           See HB 759




 1  the Marine Resources Conservation Trust Fund. Any unexpended

 2  and unencumbered funds remaining at the end of the 2007-2008

 3  fiscal year shall not revert to the General Revenue Fund but

 4  shall be carried over and remain available to the Florida

 5  Commission on Tourism for the uses and purposes set forth in

 6  this act.

 7         Section 4.  This act shall take effect upon becoming a

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