HB 179

1	A bill to be entitled
2	An act relating to the placement of vessels in state or
3	federal waters seaward of the state to form artificial
4	reefs; amending s. 370.25, F.S., relating to the state's
5	artificial reef program; providing legislative findings;
6	authorizing the planning and development of a statewide
7	matching grant program to secure and place United States
8	Maritime Administration and United States Navy
9	decommissioned vessels in specified waters as artificial
10	reefs; providing for administration of the program by the
11	Florida Fish and Wildlife Conservation Commission;
12	providing for implementation of the program subject to
13	appropriations; providing objectives of the program;
14	creating s. 370.255, F.S.; providing for the establishment
15	of the Florida Ships-2-Reefs Program, a matching grant
16	program, by the Florida Fish and Wildlife Conservation
17	Commission; providing the purposes of the program;
18	specifying the percentage of the state matching grant;
19	providing procedures and requirements with respect to the
20	program; authorizing the Florida Fish and Wildlife
21	Conservation Commission to adopt rules; providing for
22	reports; authorizing provision of funds under the program
23	contingent upon an appropriation; providing for a report;
24	providing an effective date.
25
26	WHEREAS, in the past, the United States Navy has used
27	unneeded ships as targets for military exercises known as
28	sinking exercises, and
29	WHEREAS, now the Navy has devised an alternative means of
30	disposing of obsolete Navy vessels that allows the vessels to
31	serve in a productive capacity for hundreds of years past their
32	intended use, and
33	WHEREAS, the National Defense Authorization Act for Fiscal
34	Year 2004 allows appropriate decommissioned ships to be donated
35	for use as artificial reefing, and
36	WHEREAS, the process of using obsolete vessels as man-made
37	artificial reefs not only promotes marine life and fishing but
38	relieves pressures on natural coral reefs, and
39	WHEREAS, the measure allows the Navy to accomplish the
40	overall process for the cost-effective donation and transfer of
41	available naval vessels, and
42	WHEREAS, the United States Maritime Administration (MARAD)
43	will coordinate the federal agency solicitation and application
44	for obtaining the vessels for use as artificial reefs, and
45	WHEREAS, the donation and transfer application for all
46	United States Navy and MARAD ships available for use as
47	artificial reefs may be submitted only by states, commonwealths,
48	and territories and possessions of the United States, or
49	municipal corporations or political subdivisions thereof, and
50	WHEREAS, the placement in Florida waters of the U.S.S.
51	Spiegel Grove in 2002 and the U.S.S. Oriskany in 2006 has
52	already provided a substantial economic benefit to the state and
53	to communities and businesses in the proximity of the
54	placements, and
55	WHEREAS, Florida already has the Florida Maritime Heritage
56	Trail, a collection of locations that are open to the public in
57	Florida and which currently include six themes, those themes
58	being Coastal Communities, Coastal Environments, Coastal Forts,
59	Lighthouses, Historic Ports, and Historic Shipwrecks, and
60	WHEREAS, this act would add a new, seventh theme to the
61	Maritime Heritage Trail, a United States military vessel theme,
62	and
63	WHEREAS, the program provides a practical option for
64	disposing of inactive decommissioned naval vessels in a cost-
65	effective and environmentally sound manner that can continue to
66	promote ecotourism associated with recreational diving and
67	fishing in Florida, NOW, THEREFORE,
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Subsection (8) is added to section 370.25,
72	Florida Statutes, to read:
73	370.25  Artificial reef program; grants and financial and
74	technical assistance to local governments.--
75	(8)  The Legislature finds that a statewide matching grant
76	program to secure and place United States Maritime
77	Administration (MARAD) and United States Navy decommissioned
78	vessels in state or federal waters seaward of the state as
79	artificial reefs would be of great benefit to Floridians in
80	promoting ecotourism associated with recreational diving and
81	fishing in Florida. Therefore, the Legislature authorizes the
82	planning and development of a statewide matching grant program
83	as described in this subsection to be administered by the
84	commission. The program will be implemented subject to
85	appropriations. The objectives in establishing the program are
86	to:
87	(a)  Assist in reducing the pressures on natural coral
88	reefs in state or federal waters seaward of the state and
89	increase the opportunities for recreational diving and fishing.
90	(b)  Provide a mechanism through which counties and
91	municipalities that are permitted to place vessels in state or
92	federal waters seaward of the state as artificial reefs can
93	apply for and receive state matching grants for the placement of
94	decommissioned MARAD and United States Navy vessels. Funds may
95	be used for cleaning, preparing, towing, and sinking of such
96	decommissioned vessels.
97	(c)  Provide state funds that would be matched with local
98	funds, federal funds, and funds from local businesses.
99	(d)  Establish criteria to determine eligibility for such
100	state matching funds.
101	(e)  Assist counties and municipalities with the donation
102	and transfer application for United States Navy and MARAD
103	decommissioned vessels available for use as artificial reefs in
104	accordance with MARAD application evaluation criteria.
105	(f)  Develop a master plan for the purposes of maximizing
106	the number and type of vessels to be placed in state or federal
107	waters seaward of the state that provides for the location of
108	vessels in the most geographically effective and beneficial
109	manner.
110	(g)  Establish and promote standards for the placement of
111	MARAD and United States Navy decommissioned vessels in state or
112	federal waters seaward of the state, consistent with current
113	environmental standards and the mandate of Section 3516 of the
114	National Defense Authorization Act for Fiscal Year 2004 and the
115	2006 publication, "National Guidance: Best Management Practices
116	for Preparing Vessels Intended to Create Artificial Reefs,"
117	published jointly by the United States Environmental Protection
118	Agency and the United States Maritime Administration, which
119	emphasized minimization of the release of harmful substances
120	into the environment while decommissioned vessels are at
121	anchorage and are undergoing disposal processes.
122	(h)  Provide for and receive interagency comments from the
123	agencies responsible for the permitting of artificial reefs and
124	the Florida Department of Environmental Protection, allowing for
125	a review period consistent with MARAD and United States Navy
126	application deadlines.
127	(i)  Establish a United States military vessel component as
128	a seventh theme for Florida's Maritime Heritage Trail to promote
129	Florida's nature-based tourism and heritage tourism.
130	(j)  Provide for title of decommissioned vessels to be
131	transferred to the state.
132	Section 2.  Section 370.255, Florida Statutes, is created
133	to read:
134	370.255  Florida Ships-2-Reefs Program; matching grant
135	requirements.--
136	(1)  The commission is authorized to establish the Florida
137	Ships-2-Reefs Program, a matching grant program, for the
138	securing and placement of United States Maritime Administration
139	(MARAD) and United States Navy decommissioned vessels in state
140	or federal waters seaward of the state to serve as artificial
141	reefs and, pursuant thereto, to make expenditures and enter into
142	contracts with local governments and nonprofit corporations for
143	the purpose of securing and placing MARAD and United States Navy
144	decommissioned vessels as artificial reefs in state or federal
145	waters seaward of the state pursuant to s. 370.25(8) and
146	performing the environmental preparation and cleaning requisite
147	to the placement of a vessel as an artificial reef, which
148	preparation and cleaning must meet the standards established in
149	the 2006 publication, "National Guidance: Best Management
150	Practices for Preparing Vessels Intended to Create Artificial
151	Reefs," published jointly by the United States Environmental
152	Protection Agency and the United States Maritime Administration.
153	The commission shall have final approval of grants awarded
154	through the program.
155	(2)  Each grant awarded under the program shall be matched
156	by nonstate funds. The limit for a state matching grant shall be
157	33 percent of the total cost for securing and placing the
158	decommissioned vessel and performing the requisite environmental
159	preparation and cleaning which meets the standards cited in
160	subsection (1) prior to placement of the vessel.
161	(3)  The commission may:
162	(a)  Receive submissions of requests for matching funds and
163	documentation relating to those requests;
164	(b)  Approve requests for matching funds; and
165	(c)  Allocate matching funds to local governments or
166	nonprofit corporations.
167	(4)  To demonstrate that a local government or nonprofit
168	corporation meets the required criteria, the local government or
169	nonprofit corporation must submit formal agreements, written
170	pledges, memorandums of understanding, financing arrangements,
171	or other documents demonstrating that nonstate matching funds
172	are available for securing and placing the vessel prior to
173	submission of an application. Matching grant funds shall be
174	released only upon documentation that meets all the criteria
175	established in rules adopted by the commission pursuant to
176	subsection (5).
177	(5)  The commission is authorized to adopt rules pursuant
178	to ss. 120.536(1) and 120.54 to address procedures necessary to
179	administer the matching grants provided in this section.
180	(6)  No later than January 1, 2009, and each January 1
181	thereafter, the commission shall submit a report to the
182	Governor, the President of the Senate, and the Speaker of the
183	House of Representatives detailing the expenditure of the funds
184	appropriated to it for the purposes of carrying out the
185	provisions of this section.
186	Section 3.  This act shall take upon becoming a law.

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