Senate Bill sb2178

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    Florida Senate - 2007                                  SB 2178

    By Senator Bennett





    21-919-07

  1                      A bill to be entitled

  2         An act relating to the restoration of seagrass

  3         beds; creating a pilot program for the

  4         restoration of seagrass beds within specified

  5         counties and related natural resources;

  6         providing definitions; providing legislative

  7         findings and purposes; requiring that damages

  8         recovered for injury to, and the destruction

  9         of, seagrass beds in certain counties, and

10         related natural resources be deposited into the

11         Ecosystem Management and Restoration Trust

12         Fund; requiring the Department of Environmental

13         Protection to expend the funds for restoration,

14         assessment, or rehabilitation of seagrass beds

15         and natural resources; providing criteria

16         governing such expenditures by the department;

17         providing for auditing and reporting by a

18         private recipient of funds; prohibiting any

19         reduction of certain appropriations to a state

20         agency that receives funds under the act;

21         requiring that the department report to the

22         Legislature whether the pilot program should be

23         expanded; authorizing rulemaking by the

24         department; amending s. 403.1651, F.S.,

25         relating to the Ecosystem Management and

26         Restoration Trust Fund; conforming provisions

27         to changes made by the act; providing an

28         effective date.

29  

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

31  

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    Florida Senate - 2007                                  SB 2178
    21-919-07




 1         Section 1.  Pilot program for the restoration of

 2  seagrass beds.--

 3         (1)  As used in this section, the term:

 4         (a)  "Damages" means money damages paid by any person,

 5  whether voluntarily or as a result of administrative or

 6  judicial action, to the state as compensation, restitution, or

 7  punitive damages for causing injury to, or the destruction of,

 8  the seagrass beds of Brevard County, Lee County, Manatee

 9  County, Monroe County, or Pinellas County or to the natural

10  resources that depend on the health and productivity of those

11  seagrass beds.

12         (b)  "Fund" means the Ecosystem Management and

13  Restoration Trust Fund.

14         (c)  "Natural resources" means land, air, water, ground

15  water, drinking water supplies, fish and their habitats,

16  wildlife and their habitats, biota, and other such resources

17  belonging to, managed by, held in trust by, appertaining to,

18  or otherwise controlled by the state.

19         (d)  "Seagrass bed" means a community of flowering

20  underwater plants which is located in shallow marine waters,

21  such as in a bay or lagoon, or along the continental shelf in

22  the Gulf of Mexico.

23         (2)  The Legislature finds that:

24         (a)  The preservation of seagrass beds is critical to

25  protecting the marine life, water quality, and ocean-based

26  economy of this state. Seagrass beds maintain water quality

27  and provide food, habitat, and nursery areas for numerous

28  species of marine life. This state's multimillion-dollar

29  fishing and diving industries depend on the health and

30  productivity of the seagrass beds. Estimates indicate that

31  thousands of acres of seagrass beds in this state have been

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    Florida Senate - 2007                                  SB 2178
    21-919-07




 1  scarred from boat propellers. Impacts from boat groundings

 2  fragment the grass bed, restricting the movement of the marine

 3  life that depends upon the habitat. Seagrass beds can take up

 4  to a decade to recover from propeller scars.

 5         (b)  Seagrass beds and the natural resources that

 6  depend on the health and productivity of seagrass beds are

 7  subject to instantaneous injury or loss from a variety of

 8  negligent and willful acts in ways that cannot be foreseen and

 9  provided for in the normal budget process. Due to the

10  unforseeability of such incidents, funds have not been

11  available for reimbursement of extraordinary expenses incurred

12  by the Department of Environmental Protection in seeking

13  compensation, on behalf of the residents of the state, for the

14  injury to, or destruction of, these natural resources. As a

15  result, a significant amount of monetary damages recovered by

16  the state for injury to, or destruction of, its seagrass beds

17  and the natural resources that depend on the health and

18  productivity of seagrass beds are deposited into the general

19  accounts of the State Treasury and are not specifically set

20  aside for the restoration or rehabilitation of the injured or

21  destroyed natural resources in areas of the state where the

22  injury or loss occurred.

23         (3)  The purpose of this section is to establish a

24  pilot program that provides for the immediate stabilization

25  and restoration of seagrass beds in Brevard, Lee, Manatee,

26  Monroe, and Pinellas Counties where damage has occurred and to

27  remediate the injury to, or destruction of, natural resources

28  that are dependent upon the health and productivity of those

29  seagrass beds.

30         (4)(a)  All damages recovered by or on behalf of the

31  state for injury to, or destruction of, the seagrass beds in

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    Florida Senate - 2007                                  SB 2178
    21-919-07




 1  Brevard, Lee, Manatee, Monroe, and Pinellas Counties, or to

 2  the natural resources that depend on the health and

 3  productivity of those seagrass beds, which would otherwise be

 4  deposited into the general revenue accounts of the State

 5  Treasury or into the Internal Improvement Trust Fund shall be

 6  deposited into the Ecosystem Management and Restoration Trust

 7  Fund and shall remain in that fund until expended by the

 8  Department of Environmental Protection under the pilot program

 9  established in this section.

10         (b)  Moneys in the fund shall be expended only for

11  restoration, assessment, or rehabilitation of such injured or

12  destroyed seagrass beds and natural resources through a

13  contract with a qualified person. In order to prevent further

14  erosion, turbidity, and potential loss of natural resources,

15  each contract must require assessment and stabilization of the

16  seagrass bed within 30 days after an incident that damages the

17  seagrass bed occurs, must use a stabilization protocol

18  following the guidelines in the Final Programmatic

19  Environmental Impact Statement for Seagrass Restoration in the

20  Florida Keys National Marine Sanctuary, and must use only

21  those stabilization techniques that are scientifically proven

22  and published in peer-reviewed literature.

23         (5)(a)  Each recipient of disbursements from the fund

24  must agree in advance that its accounts and records of

25  expenditures of such moneys are subject to audit at any time

26  by appropriate state officials and shall submit a final

27  written report describing its expenditures within 90 days

28  after the moneys are expended.

29         (b)  When payments are made to a state agency from the

30  fund under paragraph (4)(a), such payments shall be considered

31  as payments for extraordinary expenses, and other

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    Florida Senate - 2007                                  SB 2178
    21-919-07




 1  appropriations to that agency may not be reduced by any amount

 2  as a result of such payments.

 3         (6)  The Department of Environmental Protection shall

 4  evaluate the pilot program and report to the President of the

 5  Senate and the Speaker of the House of Representatives on

 6  whether the pilot program should be expanded in order to

 7  restore additional areas of the state's seagrass beds and

 8  natural resources.

 9         (7)  The Department of Environmental Protection may

10  adopt rules under ss. 120.536(1) and 120.54, Florida Statutes,

11  to administer this section.

12         Section 2.  Paragraph (f) is added to subsection (1) of

13  section 403.1651, Florida Statutes, and paragraph (b) of

14  subsection (2) of that section is amended, to read:

15         403.1651  Ecosystem Management and Restoration Trust

16  Fund.--

17         (1)  There is created the Ecosystem Management and

18  Restoration Trust Fund to be administered by the Department of

19  Environmental Protection for the purposes of:

20         (f)  Funding the expenditures authorized under section

21  1 of this act.

22         (2)  The trust fund shall be used for the deposit of

23  all moneys recovered by the state:

24         (b)  For injury to or destruction of coral reefs, sea

25  grass beds, or natural resources under section 1 of this act

26  and s. 380.0558, which moneys would otherwise be deposited

27  into the General Revenue Fund or the Internal Improvement

28  Trust Fund.

29         Section 3.  This act shall take effect July 1, 2007.

30  

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    Florida Senate - 2007                                  SB 2178
    21-919-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates a pilot project to restore seagrass beds and
      related natural resources in specified counties. Requires
 4    the deposit of moneys recovered for damage to seagrass
      beds and related natural resources in certain counties
 5    into the Ecosystem Management and Restoration Trust Fund.
      Requires the Department of Environmental Protection to
 6    expend such moneys for restoration, assessment, or
      rehabilitation of seagrass beds and natural resources.
 7    Provides criteria governing such expenditures. Provides
      for auditing and reporting of a private recipient of
 8    funds used for restoration activities. Prohibits any
      reduction of certain appropriations to a state agency
 9    that receives restoration funds. Requires the department
      to report to the Legislature. Authorizes rulemaking by
10    the department.

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