Florida Senate - 2008 CS for SB 1286

By the Committee on Environmental Preservation and Conservation; and Senator Saunders

592-04966-08 20081286c1

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A bill to be entitled

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An act relating to a review of the Fish and Wildlife

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Conservation Commission under the Florida Government

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Accountability Act; reenacting s. 20.331, F.S., relating

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to the establishment of the commission; amending ss.

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328.48 and 328.56, F.S., relating to vessel registration

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and vessel registration numbers; clarifying the term "non-

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motor-powered vessel" for purposes of an exception from

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registration requirements; amending s. 328.72, F.S.,

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relating to vessel registration fees; increasing such fees

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for all vessels requiring registration; providing for

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future adjustment of the vessel registration fees based on

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the percentage change in the Consumer Pricing Index;

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requiring the Fish and Wildlife Conservation Commission to

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report to the Legislature on how the increase in fees will

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be used; amending s. 372.57, F.S., relating to

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recreational hunting and fishing licenses; providing for

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future adjustment of the recreational hunting and fishing

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licenses based on the percentage change in the Consumer

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Pricing Index; requiring the Fish and Wildlife

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Conservation Commission to report to the Legislature on

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how the increase in license and permit fees will be used;

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requiring the Office of Program Policy Analysis and

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Government Accountability to review and report on the Fish

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and Wildlife Conservation Commission's public relations,

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outreach, and education activities and staffing levels by

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a date certain; requiring the Fish and Wildlife

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Conservation Commission to review and report on specific

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activities within the agency by a date certain; repealing

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sections 372.107, 372.5714, 372.673, and 372.993, F.S.,

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relating to the Federal Law Enforcement Trust Fund, the

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Waterfowl Advisory Council, the Florida Panther Technical

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Advisory Council, and the regulation of certain land-based

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commercial and recreational fishing activities; providing

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an effective date.

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     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

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Government Accountability Act, subjects the Fish and Wildlife

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Conversation Commission and its respective advisory committees

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to a sunset review process in order to determine whether the

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agency should be retained, modified, or abolished, and

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     WHEREAS, the Fish and Wildlife Conversation Commission

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produced a report providing specific information, as enumerated

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in s. 11.906, Florida Statutes, and

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     WHEREAS, upon receipt of the report, the Joint Legislative

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Sunset Committee and committees of the Senate and the House of

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Representatives assigned to act as sunset review committees

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reviewed the report and requested studies by the Office of

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Program Policy Analysis and Government Accountability, and

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     WHEREAS, based on the commission's report, studies of the

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Office of Program Policy Analysis and Government

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Accountability, and public input, the Joint Legislative Sunset

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Committee and legislative sunset review committees made

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recommendations on the abolition, continuation, or

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reorganization of the Fish and Wildlife Conversation Commission

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and its advisory committees; on the need for the functions

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performed by the agency and its advisory committees; and on the

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consolidation, transfer, or reorganization of programs within

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the Fish and Wildlife Conversation Commission, NOW, THEREFORE,

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

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     Section 1. Section 20.331, Florida Statutes, is reenacted.

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     Section 2.  Subsection (2) of section 328.48, Florida

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Statutes, is amended to read:

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     328.48  Vessel registration, application, certificate,

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number, decal, duplicate certificate.--

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     (2)  All vessels used on the waters of the state must be

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registered, either commercial or recreational as defined in this

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chapter, except as follows:

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     (a)  A vessel used exclusively on private lakes and ponds.

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     (b)  A vessel owned by the United States Government.

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     (c)  A vessel used exclusively as a ship's lifeboat.

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     (d) A non-motor-powered vessel less than 16 feet in length,

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and any non-motor-powered canoe, kayak, racing shell, or rowing

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scull, regardless of length.

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     Section 3.  Subsection (4) of section 328.56, Florida

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Statutes, is amended to read:

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     328.56  Vessel registration number.--Each vessel that is

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used on the waters of the state must display a commercial or

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recreational Florida registration number, unless it is:

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     (4) A non-motor-powered vessel less than 16 feet in length,

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and any non-motor-powered canoe, kayak, racing shell, or rowing

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scull, regardless of length.

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     Section 4.  Subsection (1) of section 328.72, Florida

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Statutes, is amended to read:

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     328.72  Classification; registration; fees and charges;

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surcharge; disposition of fees; fines; marine turtle stickers.--

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     (1)  VESSEL REGISTRATION FEE.--

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     (a) Vessels that are required to be registered shall be

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classified for registration purposes according to the following

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schedule, and the registration certificate fee shall be in the

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following amounts:

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     Class A-1--Less than 12 feet in length, and all canoes to

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which propulsion motors have been attached, regardless of length:

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$5.50 $3.50 for each 12-month period registered.

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     Class A-2--12 feet or more and less than 16 feet in length:

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$16.25 10.50 for each 12-month period registered.

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(To county): 2.85 for each 12-month period registered.

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     Class 1--16 feet or more and less than 26 feet in length:

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$28.75 18.50 for each 12-month period registered.

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(To county): 8.85 for each 12-month period registered.

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     Class 2--26 feet or more and less than 40 feet in length:

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$78.25 50.50 for each 12-month period registered.

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(To county): 32.85 for each 12-month period registered.

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     Class 3--40 feet or more and less than 65 feet in length:

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$127.75 82.50 for each 12-month period registered.

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(To county): 56.85 for each 12-month period registered.

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     Class 4--65 feet or more and less than 110 feet in length:

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$152.75 98.50 for each 12-month period registered.

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(To county): 68.85 for each 12-month period registered.

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     Class 5--110 feet or more in length: $189.75 122.50 for each

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12-month period registered.

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(To county): 86.85 for each 12-month period registered.

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     Dealer registration certificate: $25.50 16.50 for each 12-

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month period registered.

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The county portion of the vessel registration fee is derived from

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recreational vessels only.

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     (b) In 2013 and every 5 years thereafter, vessel

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registration fees shall be adjusted by the percentage change in

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the Consumer Price Index for All Urban Consumers since the fees

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were last adjusted, unless otherwise provided by general law. By

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February 1 of each year in which an adjustment is scheduled to

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occur, the Fish and Wildlife Conservation Commission shall submit

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a report to the President of the Senate and the Speaker of the

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House of Representatives detailing how the increase in vessel

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registration fees will be used within the agency. The vessel

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registration fee increases shall take effect July 1 of each

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adjustment year.

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     Section 5.  Subsection (1) of section 372.57, Florida

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Statutes, is amended to read:

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     372.57  Recreational licenses, permits, and authorization

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numbers; fees established.--

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     (1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED.--

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     (a) Except as provided in s. 372.562, no person shall take

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game, freshwater or saltwater fish, or fur-bearing animals within

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this state without having first obtained a license, permit, or

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authorization number and paid the fees set forth in this chapter.

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Such license, permit, or authorization number shall authorize the

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person to whom it is issued to take game, freshwater or saltwater

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fish, or fur-bearing animals, and participate in outdoor

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recreational activities in accordance with the laws of the state

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and rules of the commission.

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     (b) In 2013 and every 5 years thereafter, license and

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permit fees established in subsections (4) and (5) shall be

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adjusted by the percentage change in the Consumer Price Index for

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All Urban Consumers since the fees were last adjusted, unless

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otherwise provided by general law. By February 1 of each year in

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which an adjustment is scheduled to occur, the Fish and Wildlife

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Conservation Commission shall submit a report to the President of

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the Senate and the Speaker of the House of Representatives

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detailing how the increase in license and permit fees will be

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used within the agency. The license and permit fee increases

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shall take effect July 1 of each adjustment year.

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     Section 6. The Office of Program Policy Analysis and

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Government Accountability is directed to review and compare the

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Fish and Wildlife Conservation Commission's public relations and

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outreach staffing levels in its Executive Direction and

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Administrative Services division to an agency of similar makeup

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and size in order to determine whether any efficiencies can be

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achieved through restructuring or downsizing. The office shall

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provide its findings and recommendations in the form of a report

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to the President of the Senate and the Speaker of the House of

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Representatives by January 1, 2009.

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     Section 7. The Office of Program Policy Analysis and

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Government Accountability is directed to review the outreach and

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education activities of the Fish and Wildlife Conservation

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Commission's Freshwater Fisheries and Marine Fisheries Management

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divisions in order to determine if there is any duplication of

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efforts with other state agencies or if efficiencies can be

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achieved through restructuring or combining programs. The office

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shall provide its findings and recommendations in the form of a

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report to the President of the Senate and the Speaker of the

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House of Representatives by January 1, 2009.

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     Section 8. The Fish and Wildlife Conservation Commission is

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directed to complete a 5-year "Air Station" conceptual plan,

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designed to improve agency aircraft operations and maintenance

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efficiency, and provide its finding and recommendations in a

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report to the President of the Senate and the Speaker of the

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House of Representatives by January 1, 2009.

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     Section 9. The Fish and Wildlife Conservation Commission is

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directed to review its current land management activities and

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provide recommendations for combining duplicative activities with

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other state agencies or for outsourcing activities in order to

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gain efficiencies or create cost-saving benefits. The commission

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shall provide its findings and recommendations in a report to the

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President of the Senate and the Speaker of the House of

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Representatives by January 1, 2009.

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     Section 10. The Fish and Wildlife Conservation Commission

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is directed to conduct a cost-benefit analysis of the activities

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of the Fish and Wildlife Research Institute (FWRI), such as, but

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not limited to, its geographic information system (GIS) technical

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support, and provide recommendations on any efficiencies or cost-

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savings benefits that may be gained from outsourcing those

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activities. The commission shall provide its findings and

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recommendations in a report to the President of the Senate and

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the Speaker of the House of Representatives by January 1, 2009.

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     Section 11. Sections 372.107, 372.5714, 372.673, and

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372.992, Florida Statutes, are repealed.

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     Section 12.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.