| 1 | A bill to be entitled |
| 2 | An act relating to the placement of vessels in state |
| 3 | waters to form artificial reefs; amending s. 370.25, F.S., |
| 4 | relating to the state's artificial reef program; providing |
| 5 | legislative findings; authorizing the planning development |
| 6 | of a statewide matching grant program to secure and place |
| 7 | United States Maritime Administration and United States |
| 8 | Navy decommissioned vessels in Florida waters as |
| 9 | artificial reefs; authorizing the planning and development |
| 10 | of a pilot program for the preparation and deployment of a |
| 11 | specified decommissioned vessel in Key West to serve as a |
| 12 | model for the development of procedures for the placement |
| 13 | of such vessels in Florida waters; providing for |
| 14 | administration of the programs by the Florida Commission |
| 15 | on Tourism; providing for implementation of the programs |
| 16 | subject to appropriations; providing objectives of the |
| 17 | programs; creating s. 370.255, F.S.; providing for the |
| 18 | establishment of the Florida Decommissioned Vessel |
| 19 | Placement Program and matching grant program by the |
| 20 | Florida Commission on Tourism; providing purposes of the |
| 21 | program; providing a limitation on the total annual |
| 22 | allocation of funds for the grant program; providing a |
| 23 | limitation on individual grants awarded under the program; |
| 24 | specifying the percentage of the state matching grant; |
| 25 | providing procedures and requirements with respect to the |
| 26 | programs; authorizing the Department of Environmental |
| 27 | Protection to adopt rules; providing for the establishment |
| 28 | of a pilot program to fund the preparation and deployment |
| 29 | of a specified vessel in state waters; providing for |
| 30 | reports; providing requirements with respect to funds |
| 31 | provided under the pilot program; providing procedures and |
| 32 | requirements with respect to the pilot program; providing |
| 33 | for a report; providing an appropriation; providing for |
| 34 | carryover of funds; providing an effective date. |
| 35 |
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| 36 | WHEREAS, in the past, the United States Navy has used |
| 37 | unneeded ships as targets for military exercises known as |
| 38 | sinking exercises, and |
| 39 | WHEREAS, now the Navy has devised an alternative means of |
| 40 | disposing of obsolete Navy vessels that allows the vessels to |
| 41 | serve in a productive capacity for hundreds of years past their |
| 42 | intended use, and |
| 43 | WHEREAS, the National Defense Authorization Act for Fiscal |
| 44 | Year 2004 allows appropriate decommissioned ships to be donated |
| 45 | for use as artificial reefing, and |
| 46 | WHEREAS, the process of using obsolete vessels as man-made |
| 47 | artificial reefs not only promotes marine life and fishing but |
| 48 | relieves pressures on natural coral reefs, and |
| 49 | WHEREAS, the measure allows the Navy to accomplish the |
| 50 | overall process for the cost-effective donation and transfer of |
| 51 | available naval vessels, and |
| 52 | WHEREAS, the United States Maritime Administration (MARAD) |
| 53 | will coordinate the federal agency solicitation and application |
| 54 | for obtaining the vessels for use as artificial reefs, and |
| 55 | WHEREAS, the donation and transfer application for all |
| 56 | United States Navy and MARAD ships available for use as |
| 57 | artificial reefs may be submitted only by states, commonwealths, |
| 58 | and territories and possessions of the United States, or |
| 59 | municipal corporations or political subdivisions thereof, and |
| 60 | WHEREAS, the placement in Florida waters of the U.S.S. |
| 61 | Spiegel Grove in 2002 and the U.S.S. Oriskany in 2006 has |
| 62 | already provided a substantial economic benefit to the state and |
| 63 | to communities and businesses in the proximity of the |
| 64 | placements, and |
| 65 | WHEREAS, the U.S.S. General Hoyt S. Vandenberg, a 520-foot |
| 66 | military vessel, is being sought as the next decommissioned |
| 67 | vessel to be deployed as an artificial reef at a currently |
| 68 | permitted site off the coast of Key West, contingent upon funds |
| 69 | being made fully available for the preparation and sinking of |
| 70 | the vessel, and |
| 71 | WHEREAS, Florida already has the Florida Maritime Heritage |
| 72 | Trail, a collection of locations that are open to the public in |
| 73 | Florida and which currently include six themes, those themes |
| 74 | being Coastal Communities, Coastal Environments, Coastal Forts, |
| 75 | Lighthouses, Historic Ports, and Historic Shipwrecks, and |
| 76 | WHEREAS, this act would add a new, seventh theme to the |
| 77 | Maritime Heritage Trail, a United States Navy vessel theme, and |
| 78 | WHEREAS, the program provides a practical option for |
| 79 | disposing of inactive naval vessels in a cost-effective and |
| 80 | environmentally sound manner that can continue to promote |
| 81 | ecotourism associated with recreational diving and fishing in |
| 82 | Florida, NOW, THEREFORE, |
| 83 |
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| 84 | Be It Enacted by the Legislature of the State of Florida: |
| 85 |
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| 86 | Section 1. Subsection (8) is added to section 370.25, |
| 87 | Florida Statutes, to read: |
| 88 | 370.25 Artificial reef program; grants and financial and |
| 89 | technical assistance to local governments.-- |
| 90 | (8) The Legislature finds that a statewide matching grant |
| 91 | program to secure and place United States Maritime |
| 92 | Administration (MARAD) and United States Navy decommissioned |
| 93 | vessels in Florida waters as artificial reefs would be of great |
| 94 | benefit to Floridians in promoting ecotourism associated with |
| 95 | recreational diving and fishing in Florida. The Legislature |
| 96 | further finds that a pilot program for the preparation and |
| 97 | deployment of the U.S.S. General Hoyt S. Vandenberg in Key West |
| 98 | would assist in the appropriate development of procedures for |
| 99 | the placement of decommissioned vessels in Florida waters. |
| 100 | Therefore, the Legislature hereby authorizes the planning and |
| 101 | development of a statewide matching grant program and a pilot |
| 102 | program as described in this subsection to be administered by |
| 103 | the commission. The programs will be implemented subject to |
| 104 | appropriations. The objectives in establishing the programs |
| 105 | shall be to: |
| 106 | (a) Assist in reducing the pressures on natural coral |
| 107 | reefs in Florida waters and increasing the opportunities for |
| 108 | recreational diving and fishing. |
| 109 | (b) Provide a mechanism through which local counties and |
| 110 | municipalities that are permitted to place vessels in Florida |
| 111 | waters as artificial reefs can apply for and receive state |
| 112 | matching grants for the placement of decommissioned MARAD and |
| 113 | United States Navy vessels. Funds may be used for cleaning, |
| 114 | preparing, towing, and sinking of such decommissioned vessels. |
| 115 | (c) Provide state funds that would be matched with local |
| 116 | funds, federal funds, and funds from local businesses. |
| 117 | (d) Establish criteria to determine eligibility for such |
| 118 | state matching funds. |
| 119 | (e) Assist local counties and municipalities with the |
| 120 | donation and transfer application for United States Navy and |
| 121 | MARAD decommissioned vessels available for use as artificial |
| 122 | reefs in accordance with MARAD application evaluation criteria. |
| 123 | (f) Develop a master plan for the purposes of maximizing |
| 124 | the number and type of vessels to be placed in Florida waters |
| 125 | that provides for the location of vessels in the most |
| 126 | geographically effective and beneficial manner. |
| 127 | (g) Establish and promote standards for the placement of |
| 128 | MARAD and United States Navy decommissioned vessels in Florida |
| 129 | waters, consistent with current environmental standards and the |
| 130 | mandate of Section 3516 of the National Defense Authorization |
| 131 | Act for Fiscal Year 2004 and the 2006 publication, "National |
| 132 | Guidance: Best Management Practices for Preparing Vessels |
| 133 | Intended to Create Artificial Reefs," published jointly by the |
| 134 | United States Environmental Protection Agency and the United |
| 135 | States Maritime Administration, which emphasized minimization of |
| 136 | the release of harmful substances into the environment while |
| 137 | decommissioned vessels are at anchorage and are undergoing |
| 138 | disposal processes. |
| 139 | (h) Provide for and receive interagency comments from the |
| 140 | agencies responsible for the permitting of artificial reefs and |
| 141 | the Florida Department of Environmental Protection, allowing for |
| 142 | a review period consistent with MARAD and United States Navy |
| 143 | application deadlines. |
| 144 | (i) Establish a United States Navy vessel component as a |
| 145 | seventh theme for Florida's Maritime Heritage Trail, consistent |
| 146 | with the responsibilities of the Florida Commission on Tourism |
| 147 | and the Office of Tourism, Trade, and Economic Development under |
| 148 | s. 288.1224(11) with respect to nature-based tourism and |
| 149 | heritage tourism. |
| 150 | (j) Provide for title of decommissioned vessels to be |
| 151 | transferred to the state. |
| 152 | Section 2. Section 370.255, Florida Statutes, is created |
| 153 | to read: |
| 154 | 370.255 Florida Decommissioned Vessel Placement Program; |
| 155 | matching grant program.-- |
| 156 | (1) The commission is authorized to establish the Florida |
| 157 | Decommissioned Vessel Placement Program, a matching grant |
| 158 | program for the securing and placement of United States Maritime |
| 159 | Administration (MARAD) and United States Navy decommissioned |
| 160 | vessels in Florida waters to serve as artificial reefs and, |
| 161 | pursuant thereto, to make expenditures and enter into contracts |
| 162 | with local governments and nonprofit corporations for the |
| 163 | purpose of securing and placing MARAD and United States Navy |
| 164 | decommissioned vessels as artificial reefs in Florida waters |
| 165 | pursuant to s. 370.25(8). The commission shall have final |
| 166 | approval of grants awarded through this program. |
| 167 | (2) The total annual allocation of funds for the grant |
| 168 | program may not exceed $12 million. Each grant awarded under the |
| 169 | program shall be limited to no more than $3 million and shall be |
| 170 | matched by nonstate dollars. The limit for a state matching |
| 171 | grant shall be 33 percent of total cost securing and placing the |
| 172 | vessel. |
| 173 | (3) The commission may: |
| 174 | (a) Receive submissions of requests for matching funds and |
| 175 | documentation relating to those requests; |
| 176 | (b) Approve requests for matching funds; and |
| 177 | (c) Allocate matching funds to local governments or |
| 178 | nonprofit corporations. |
| 179 | (4) To demonstrate that a local government or nonprofit |
| 180 | corporation meets the required criteria, the local government or |
| 181 | nonprofit corporation must submit formal agreements, written |
| 182 | pledges, memorandums of understanding, financing arrangements, |
| 183 | or other documents demonstrating that nonstate matching funds |
| 184 | are available for securing and placing the vessel prior to |
| 185 | submission of an application. Matching grant funds shall be |
| 186 | released only upon documentation that the applicant meets all |
| 187 | established criteria. |
| 188 | (5) The department is authorized to adopt rules pursuant |
| 189 | to ss. 120.536(1) and 120.54 to address procedures necessary to |
| 190 | administer the matching grants provided in this section. |
| 191 | (6) In accordance with the findings stated in s. |
| 192 | 370.25(8), the commission shall establish a pilot program to |
| 193 | fund the preparation and deployment of the U.S.S. General Hoyt |
| 194 | S. Vandenberg in the waters off Key West and shall, by January |
| 195 | 1, 2008, and each year thereafter, provide to the Governor, the |
| 196 | President of the Senate, and the Speaker of the House of |
| 197 | Representatives an annual report on the success and outcomes |
| 198 | achieved by the pilot program, with a recommendation as to |
| 199 | whether the pilot program should be continued, terminated, or |
| 200 | expanded. The commission shall also report on the procedures |
| 201 | developed and used for the proper preparation and deployment of |
| 202 | the U.S.S. General Hoyt S. Vandenberg consistent with the |
| 203 | objectives stated in s. 370.25(8). |
| 204 | (7) To the extent that funding is made available, the |
| 205 | pilot program shall provide funds in the amount of $2 million to |
| 206 | pay for a portion of the cost of the preparation and deployment |
| 207 | of the U.S.S. General Hoyt S. Vandenberg in the waters off Key |
| 208 | West. Such funds are in addition to any other funds appropriated |
| 209 | for this purpose. The commission shall develop procedures for |
| 210 | conducting the pilot program, including, but not limited to, |
| 211 | procedures for determining eligibility, providing payment, |
| 212 | ensuring that payment is limited solely to the costs of |
| 213 | preparing and deploying the vessel, and ensuring that payments |
| 214 | are made to eligible persons or local governments in the order |
| 215 | in which each is determined eligible until the funds are |
| 216 | exhausted. The commission shall examine and use, to the extent |
| 217 | possible, other available options for funding the cost of the |
| 218 | preparation and deployment of the U.S.S. General Hoyt S. |
| 219 | Vandenberg, including the use of funds raised by private |
| 220 | agencies or persons. |
| 221 | (8) No later than January 1, 2008, and each January 1 |
| 222 | thereafter, the commission shall submit a report to the |
| 223 | Governor, the President of the Senate, and the Speaker of the |
| 224 | House of Representatives detailing the expenditure of the funds |
| 225 | appropriated to it for the purposes of carrying out the |
| 226 | provisions of this section. |
| 227 | Section 3. The sum of $10 million is appropriated for the |
| 228 | 2007-2008 fiscal year from nonrecurring general revenue to the |
| 229 | Marine Resources Conservation Trust Fund. Any unexpended and |
| 230 | unencumbered funds remaining at the end of the 2007-2008 fiscal |
| 231 | year shall not revert to the General Revenue Fund but shall be |
| 232 | carried over and remain available to the Florida Commission on |
| 233 | Tourism for the uses and purposes set forth in this act. |
| 234 | Section 4. This act shall take effect upon becoming a law. |