March 28, 2008 The fourth week of the 2008 Session has ended. Next Wednesday, the Session will be halfway through - it seems to be speeding quickly this year. This week, the budget and the Florida Forever successor program took center stage. Both the House and Senate released their proposed budgets for FWC (and other agencies). Please see Sandy Wilson's report for an analysis and a side-by-side comparison of the agency's request, Senate proposal, and House proposal. Both sides will consider their budgets in an additional committee meeting before going to the Floor. Once both chambers have passed their respective versions of the state budget, the House and Senate can begin their “conference” meetings to decide on a final version. Conference is expected to take place in mid-April. Both the House and Senate discussed the successor program to Florida Forever, the State's land acquisition program. The House Conservation and State Lands Committee, chaired by Representative Will Kendrick, took testimony on its latest draft legislation, PCB-ENRC 08-09. The bill increases the funding for land acquisition from $3 billion to $5.3 billion over ten years, but requires the Legislature to review the program for debt ratio and other sources of revenue in 2010. It allows for a minimum of 1.5% of land acquisition funds to be used for land management. Current law allows a maximum of 1.5% of land acquisition funds to be used for land management. The bill substantially revises the process for developing land management plans on all state-owned conservation lands including performance measures, monitoring the progress of the implementation of those plans, and how corrective action will occur. It designates the Department of Agriculture and Consumer Services (DACS) and FWC as the State's land managing agencies, co-equally, and requires FWC to oversee the management of imperiled on all state-owned conservation lands. It further requires DACS, FWC, and the Department of Environmental Protection (DEP) to determine a new allocation formula for funding land management and to provide a report to the Legislature by December 2008. The bill will be heard next in the Environment and Natural Resources Council, chaired by Representative Stan Mayfield. The Senate Environmental Preservation and Conservation Committee, chaired by Senator Burt Saunders, also considered its Florida Forever successor program this week. SB 542 retains the current structure for land management with the three agencies, FWC, DACS, and DEP. The bill increases the funding for land acquisition from $3 billion to $5.3 billion over ten years, but requires the Legislature to review the program for debt ratio and other sources of revenue in 2010. It allows for a minimum of 1.5% of land acquisition funds to be used for land management. Current law allows a maximum of 1.5% of land acquisition funds to be used for land management. SB 542 also requires FWC to provide the Legislature with a report on the efficacy of using FWC-managed lands for imperiled species mitigation. If FWC lands are to be used for mitigation, the agency must create a work plan that has to be approved by the Acquisition and Restoration Council and the Governor and Cabinet (serving as the Board of Trustees of the Internal Improvement Trust Fund). The bill was temporarily postponed and is expected to be taken up again at the Committee's meeting, next week. Top of page Following is a summary of FWC's legislative package, Sunset Review, as well as other bills of interest to the agency: Fish and Wildlife Conservation Commission's Legislative ProposalsHouse PCB ENRC 08-02
Combines Chapter 370 (commercial saltwater fisheries) and Chapter 372 (wildlife, freshwater fisheries, and recreational saltwater fisheries) of the Florida Statutes into a new Chapter 379; this is a technical rewriting of the chapters - no substantive changes (no changes in meaning of current law) are part of the project. PCB ENRC 08-02 was approved by the House Conservation and State Lands Committee, Wednesday, March 12, and the Environment and Natural Resources Council, March 19. The legislation will be filed and sponsored by the Council. HB 7059 by Environment and Natural Resources Council, Mayfield, Kendrick/
SB 1300 by Environmental Protection and Conservation Committee, Saunders -Protection of Wild and Aquatic Life, Seagrass Scarring
Modifies and clarifies how officers may dispose of evidence in recreational fishing and hunting cases; currently, evidence in recreational freshwater fish and hunting cases may be donated to charity or disposed of in other ways; current law is silent on the disposition of recreational saltwater fishing cases; this proposal would provide consistency among the disposition of evidence in all recreational fish and wildlife cases; it also would clarify how law enforcement handles the evidence. Creates a non-criminal penalty ($50 fine) for scarring seagrasses when carelessly operating a vessel. HB 7059 (formerly PCB ENRC 08-11) was recommended by the House Conservation and State Lands Committee to the House Environment and Natural Resources Council. The Council approved the legislation and filed it; HB 7059 was referred to the Policy and Budget Council. SB 1300 was approved by Environmental Preservation and Conservation Committee, and was re-referred to the committees on Judiciary and General Government Appropriations. A variation of the following issue submitted by the Commission has been placed in HB 919 (see below): Increase the age requirement for mandatory wear of life vests when a boat is underway; currently, Florida law requires everyone under six (6) years old to wear a life jacket on a boat less than 26 feet in length; this proposal would require everyone under 13 years of age to wear a life jacket on a boat less than 26 feet in length, while it is underway; the proposed age requirement is consistent with Federal law.
The Commission also submitted the following issues to the Legislature, but they are no longer being considered: Increase the age requirement for those having to take the boater's education course; currently, the age requirement is for anyone 21 years old and younger operating a boat powered by 10 horsepower or more (some exemptions apply); the proposal would use a phased-in schedule to increase the age requirement by five years each year. For example, by Jan.1, 2009, everyone 25 years old or younger would be required to take the course; by Jan. 1, 2010, everyone 30 years old and younger would be required to take the course; by Jan. 1, 2011, everyone 35 years old and younger would be required to take the course, etc. By 2019, anyone operating a vessel in Florida waters would be required to take the course. Repeal the shoreline exemption that is currently allowed for Florida residents to fish saltwater species on the shoreline. Seagrass scarring - an additional criminal penalty for the willful and wanton scarring of seagrasses, the proposal created a 1st degree misdemeanor penalty (up to $1000 fine and up to one year in jail).
Top of page Other Legislation of InterestHouse PCB-ENRC 08-09/SB 542 by House Environment and Natural Resources Council/Senator Saunders - Florida Forever Successor
Creates the successor program for Florida Forever, the State's land acquisition program that is set to expire in 2010; increases the funding for land acquisition from $3 billion to $5.3 billion over ten years, but requires the Legislature to review the program for debt ratio and other sources of revenue in 2010; requires a minimum of 1.5% of land acquisition funds to be used for land management (current law allows up to 1.5% to be used for land management); PCB-ENRC 08-09 substantially revises the process for developing land management plans on all state-owned conservation lands including performance measures, monitoring the progress of the implementation of those plans, and how corrective action will occur; designates the Department of Agriculture and Consumer Services (DACS) and FWC as the State's land managing agencies, co-equally, and requires FWC to oversee the management of imperiled on all state-owned conservation lands. transfers Florida Communities Trust from the Dept. of Community Affairs to the Dept. of Environmental Protection (DEP); revises the development, implementation and monitoring of land management plans for each parcel of state-owned land; requires FWC, DEP, and DACS to report to the Legislature by Dec. 31, 2008, on the allocation formula used for funding land management; requires DEP, with assistance from FWC and DACS, to develop a land acquisition and land management information system that maps natural communities. SB 542 maintains current land management structure within FWC, DACS, and DEP; requires FWC to evaluate the efficacy of using FWC managed lands for imperiled species mitigation; if FWC lands are used for imperiled species mitigation, an annual work plan must be submitted to the Acquisition and Restoration Council and the Board of Trustees of the Internal Improvement Trust Fund (Governor and Cabinet) requires enhanced performance measures for land management to be adopted; requires state land acquisitions over $100 million to be approved by the Legislative Budget Commission; authorizes agriculture activities as a allowable use on state lands; requires prioritization of future state land purchases based on uniform data; requires state agencies to coordinate expenditures; requires public-private partnerships and agencies to plan and share resources to achieve state land management goals. PCB-ENRC 08-09 was workshopped by the Conservation and State Lands Committee, March 12 and March 19, and was recommended as a Council bill, March 26. It is anticipated the issue will be discussed at the Environment and Natural Resource Council meeting, April 2. SB 542 was referred to the committees on Environmental Preservation and Conservation, General Government Appropriations, and Rules. It was discussed and temporarily postponed in the Environment Preservation and Conservation Committee, March 27, and is expected to be rescheduled at its meeting, April 3. HB 31/SB 2078 by Rep. Boyd/Sen. Oelrich - Springs Protection; SB 2394 by Sen. Saunders - Springs Protection
HB 31 and SB 2078 create the Florida Springs Stewardship Task Force to inventory and collect data on all first magnitude springs in Florida, examine land uses in the surrounding areas and determine best management practices (BMPs) for those land uses, identify funding sources to assist implementation of BMPs and water pollutants, propose a public education and outreach program, and report findings to the Legislature; the Task Force is scheduled for sunset, January 2009. SB 2394 creates the “Florida Springs Protection Act” and provides legislative findings and intent with respect to the need to protect and restore springs and groundwater. HB 31 was approved by Conservation and State Lands, March 26, and will go next to the Environment and Natural Resources Council and Policy and Budget Council. SB 2078 was approved by Environmental Preservation and Conservation, March 27, and goes next to Community Affairs, and General Government Appropriations. SB 2394 was approved by Environmental Preservation and Conservation, March 27, and goes next to Community Affairs, Health Regulation, and General Government Appropriations HB 37 by Rep. McKeel - Contracting for Efficiency or Conservation Measures by Governmental Agencies
Requires state agencies, municipalities, or political subdivisions, when contracting for water and wastewater services, to include efficiency and conservation measures; approved by House Audit and Performance Committee, Jan. 9, and Government Efficiency and Accountability Council, March 12; it is now in Policy and Budget Council. HB 179/SB 432 by Rep. Holder/Sen. Bennett - Artificial Reefs
Creates “Ships-to-Reefs” program within FWC that is a matching grant program for local governments to place U.S. Maritime Administration (MARAD) and U.S. Navy decommissioned ships off of Florida's coastline as artificial reefs; authorizes FWC to plan and develop the program by rule; implementation of the program is subject to appropriations by the Legislature; HB 179 was approved by the House Conservation and State Lands Committee, Dec. 12, 2007, and is now in Environment and Natural Resources Council; SB 432 was approved by the Senate Environmental Preservation and Conservation, March 6, and goes next to Community Affairs and General Government Appropriations. SB 406/HB 919 by Sen. Margolis/Rep. Domino - Commercial Parasailing
SB 406 requires those engaged in commercial parasailing to obtain an annual license from FWC; creates the license fee at $50; requires owners of parasailing vessels to carry liability insurance of $750,000 per person and $1.5 million per event; requires safety measures when offering parasailing activities. HB 919 requires owners of parasailing vessels to carry liability insurance of $500,000 per person, $1 million per event; requires commercial parasail operators to have an appropriate Coast Guard license; requires safety measures when offering parasailing activities; repeals current requiring everyone under six (6) years old to wear a life jacket on a boat less than 26 feet in length; the effect of the repeal is for federal law to apply, which requires everyone under 13 years of age to wear a life jacket on a recreational boat, while it is underway. SB 406 was approved by the Senate Environmental Preservation and Conservation, March 6, and goes next to Banking and Insurance, April 1, and General Government Appropriations. HB 919 was approved by Conservation and State Lands, March 19, and goes next to Environment and Natural Resources Council, and Policy and Budget Council. SB 420/HB 1519 by Sen. Deutch/Rep. Sasso - State Purchasing of Hybrid Vehicles
Requires state agencies and certain local governments to purchase hybrid, flex-fuel, or biodiesel vehicles if such are available; requires the Department of Management Service to adopt rules establishing criteria for such purchases. SB 420 has been referred to Senate committees on Environmental Preservation and Conservation, Community Affairs, Governmental Operations, and General Government Appropriations. HB 1519 has been referred to Government Efficiency and Accountability Council, and Policy and Budget Council. SM 426/HM 221 by Sen. Bennett/Rep. Richter - Oil and Gas Drilling off Florida's Coastline
Memorial urging Congress to stand strong and united against any attempt to allow oil or gas drilling off of Florida's coastline. SB 426 has been referred to Senate Environmental Preservation and Conservation Committee; HB 221 was referred to Energy Committee, Environment and Natural Resource Council and the Rules and Calendar Council; it was temporarily deferred in Energy Committee, February 20. HJR 433 by Rep. Needelman - FWC Rule Challenges Procedures
Joint resolution proposing an amendment to Florida's Constitution that would require FWC to provide rule challenge procedures based on the Administrative Procedures Act for its rules passed under its Constitutional authority. Referred to House Conservation and State Lands Committee and Environment and Natural Resources Council. SB 660 by Sen. Bennett - Seagrass Beds Protection and Restoration
Creates a pilot program for the restoration and stabilization of seagrass beds in Brevard, Charlotte, Lee, Manatee, Monroe, and Pinellas counties; restoration will be provided by contracting with a qualified person; the Dept. of Environmental Protection will be required to submit a report to the Legislature on the pilot program. Creates a non-criminal infraction ($50 fine) for scarring seagrass within an aquatic preserve when operating a boat in a careless manner; additional fines are authorized for repeat offenders; requires damages recovered for injury to seagrasses to be used for restoration and education. Adds an airboater to the Boating Advisory Council. SB 660 was approved by Senate Environmental Preservation and Conservation, March 6, and goes next to Community Affairs, and General Government Appropriations. HB 703/SB 1192 by Rep. Kiar/Sen.Rich - Personal Watercraft
Revises age restriction of personal watercraft operators to 16 years of age and older (from 14) and prohibits operators that are not in compliance with the boating safety education law; requires livery operators to attend and complete a boating safety education course. HB 703 was approved by Conservation and State Lands Committee, March 19, and goes next to Environment and Natural Resources Council. SB 1192 was approved by Senate Environmental Preservation and Conservation, March 6, and Commerce, March 18, and goes next to General Government Appropriations. SB 758/HB 635 by Sen. Bennett/Rep. Needelman - Inland Navigation Districts
Among other provisions, deletes the requirement that the Florida Inland Navigation District post waterway signage and requires FWC to take over the responsibility. SB 758 was approved by the Senate Environmental Preservation and Conservation, March 6, and Commerce, March 18, and goes next to General Government Appropriations. HB 635 was approved by the Environmental Protection Committee, March 5, and goes next to Environment and Natural Resources Council, and Policy and Budget Council. HB 819/SB 2058 by Rep. Kendrick/Sen. Dean - Hunter Safety Course Requirements
HB 819 provides that the hunter safety course requirements for resident active duty members of the military may be satisfied without the shooting range requirement. SB 2058 also authorizes active Reservists to participate in the shooting range exemption. HB 819 was approved by Conservation and State Lands Committee, Feb. 20, and the Environment and Natural Resources Council, March 5, and the Policy and Budget Council, March 11; it is now on House Calendar, available to be considered by full House. SB 2058 was approved by Military Affairs and Domestic Security, March 18, Environmental Preservation and Conservation, March 27, and goes next to General Government Appropriations. SB 1212 by Sen. Constantine - Lake Jesup Restoration
Requires FWC, Department of Environmental Protection, St. Johns River Water Management District, and City of Sanford to develop a plan concerning FWC's progress to restore Lake Jesup's aquatic habitat. SB 1212 is referred to committees on Environmental Preservation and Conservation and General Government Appropriations. SB 1286 by Sen. Saunders - Sunset Review of FWC
Reenacts s. 20.331 of the Florida Statutes that establishes FWC in statute; requires non-motor powered vessels over 16 feet to be registered, increases vessel registration fees (which are designated in the Senate budget to avoid cutting FWC law enforcement officers, FWC law enforcement fuel costs, derelict vessel removal, and marine mammal care), utilizes Consumer Price Index (CPI) to increase boating registration fees beginning in 2013; utilizes CPI to increase hunting and fishing licenses beginning in 2013; requires the Legislature's Office of Program Policy Analysis and Government Accountability (OPPAGA) to compare FWC's public relations and outreach staffing with other agencies and recommend where efficiencies may be gained; requires OPPAGA to review FWC's Freshwater Fisheries Management and Marine Fisheries Management outreach and education activities and staffing with other agencies to determine if efficiencies can be gained; requires FWC to report on certain aviation activities; requires FWC to report on its land management activities for efficiencies and duplication of services with other agencies; requires FWC to conduct a cost-benefit analysis on the Fish and Wildlife Research Institute's activities such as its GIS technical support services and provide recommendations on efficiencies that may be gained from outsourcing such services. All reports are due January 1, 2009. SB 1286 was approved by the Senate Environmental Preservation and Conservation, March 13, and Governmental Operations, March 19, and is scheduled in General Government Appropriations, April 2. SB 1304 by Sen. Saunders - Saltwater Fisheries
Eliminates obsolete provisions relating to the issuance of a marine life fishing endorsement. Referred to Senate committees on Environmental Preservation and Conservation, General Government Appropriations; Rules. SB 1330 by Sen. Siplin - Law Enforcement Officers/Annual Salary Increase
Provides for an annual salary increase for certified law enforcement officers which shall be paid in accordance with the officer's collective bargaining agreement. Referred to Senate committees on Criminal Justice; Governmental Operations; General Government Appropriations. HB 1427/SB 1672 by Rep. Mayfield/Sen. Jones - Beach Management
Provides requirements for quality and quantity of dredged sand placed on certain beaches; requires estimation of requisite quantity of beach-quality sand by DEP; applies requirements for dredging and certain inlet management projects and activities; requires protection of shorebirds and marine turtles. HB 1427 was approved by Environmental Protection Committee, March 12, and Environment and Natural Resource Council, March 19; it is on the House Calendar, available for consideration by the full House. SB 1672 was approved by Environmental Preservation and Conservation, March 13, and goes next to Community Affairs, and General Government Appropriations. SB 1486 by Sen. Saunders - State Tortoise
Designates the Gopher Tortoise as the official state tortoise. Approved by the Senate Environmental Preservation and Conservation Committee, March 6, and goes next to Governmental Operations. SB 1546 by Sen. Saunders - Personal Floatation Devices
Prohibits the operation of a vessel less than 26 feet in length unless every person under 6 years of age is wearing a personal floatation device approved by the Coast Guard while vessel is underway. Referred to Senate committees on Environmental Preservation and Conservation; General Government Appropriations. SB 2128/HB 5037 by Sen. Alexander/Environment & Natural Resource Council - Administrative Trust Fund/FWC
Re-creates the Administrative Trust Fund within FWC without modification. SB 2128 was approved by General Government Appropriations, March 13, and the full Senate, March 26, and is in House messages. HB 5037 was approved by Environment and Natural Resources Council as a Council bill and the Policy and Budget Council, March 25, and is now on the Special Order Calendar for April 2. SB 2130/HB 5039 by Sen. Alexander/Environment & Natural Resource Council - Federal Grants Trust Fund/FWC
Re-creates the Federal Grants Trust Fund within FWC without modification. SB 2130 was approved by General Government Appropriations, March 13, and by full Senate, March 26, and is in House messages. HB 5039 was approved by Environment and Natural Resources Council as a Council bill and the Policy and Budget Council, March 25, and is now on the Special Order calendar for April 2. SB 2132/HB 5041 by Sen. Alexander/Environment & Natural Resource Council - Grants and Donations Trust Fund/FWC
Re-creates the Grants and Donations Trust Fund within FWC without modification. SB 2132 was approved by General Government Appropriations, March 13, and the full Senate, March 26, and is now in House messages. HB 5041 was approved by Environment and Natural Resources Council as a Council bill and the Policy and Budget Council, March 25, and is scheduled on the Special Order calendar for April 2. SB 2336 by Sen. Crist - State Lands/Acquisition
Changes the minimum estimated value of a parcel allowed, from $1 million to $500,000, before two appraisals are required. If two appraisals are required, directs the Dept. of Agriculture and Consumer Services to select one of the appraisers; allows for a third appraisal, if the first two are significantly different, and directs the Dept. of Financial Services to select the third appraiser; directs the Dept. of Financial Services to select a review appraiser if the estimated value of a parcel exceeds $500,000; allows the Division of State Lands to prepare an appraisal on lands valued less than $100,000. SB 2336 has been referred to committees on Environmental Preservation and Conservation, Agriculture, Governmental Operations, and General Government Appropriations. Top of page |
