April 4, 2008 We have just completed the fifth week of Session. Four weeks remain. While every week of Session is hectic, this is the time when nervousness is rising because committees have just a short time remaining when they are allowed to meet – the 50th day is the last day for committee meetings (April 22 this year). With multiple committee references, a bill may not make it through the process if it is not close having passed all of its committees of reference. With the budget in the difficult shape it is in this year, nerves are particularly on edge. Most of the activity on agency issues occurred in the Senate this week. SB 1286, which deals with FWC’s Sunset issues and increases vessel registration fees, passed unanimously out of the Senate General Government Appropriations Committee, Tuesday. It is scheduled for its second reading before the full Senate, Wednesday, April 9. (Note - a bill must pass three readings before the full body to be approved: First reading is when the bill is approved for introduction by the full chamber; second reading is when the bill has passed all of its committee hearings and is approved by the full chamber; and third reading is final passage by the full chamber.) A lot of attention this week focused on the successor program for Florida Forever. The Senate Environmental Preservation and Conservation Committee, chaired by Senator Burt Saunders, passed its version, SB 542, Thursday. The Senate bill keeps land management responsibilities as is - the current responsibilities of FWC, the Department of Agriculture and Consumer Services (DACS), and the Department of Environmental Protection (DEP) do not change. The bill increases funding for land acquisition to $5.3 billion over ten years and allows for a minimum of 1.5% of land acquisition funds to be used for land management. Current law funds land acquisition at $3 billion over 10 years and allows a maximum of 1.5% of land acquisition funds to be used for land management; so SB 542 represents a substantial change. While there was no hearing in the House on their Florida Forever legislation, PCB ENRC 08-09, the three agencies met extensively with staff from the House Conservation and State Lands Committee, chaired by Rep. Will Kendrick, to discuss and suggest changes to the legislation. The House bill also increases the funding for land acquisition to $5.3 billion over ten years, and also allows for a minimum of 1.5% of land acquisition funds to be used for land management. Unlike the Senate version, however, this bill changes land management responsibilities for the three agencies. FWC and DACS are designated as the State’s “primary land managers” for conservation lands, and retain their current land management responsibilities, intact. DEP would retain its responsibilities for state parks, greenways and trails, and coastal aquatic management areas, but the House would like for DEP managed lands that do not fall within those three specific uses to be managed either by FWC or DACS. The bill substantially revises the processes for: 1) Developing land management plans on all state-owned conservation lands that includes short-term and long-term goals with associated performance measures; 2) monitoring the progress of the implementation of those plans; and 3) the preparation of corrective actions. A greater emphasis is placed on protecting imperiled species based on FWC recommendations. It further requires DEP, FWC, and DACS to determine a new allocation formula for funding land management and to provide a report to the Legislature by December 2008. The bill specifies that costs associated with co-managing a property is to be brought into the formula, which would greatly assist FWC on the 4.2 million acres it manages as a co-manager. The bill will be heard next in the Environment and Natural Resources Council, chaired by Representative Stan Mayfield. As with the budget and any bill, the House and Senate will have to come to an agreement on the Florida Forever successor legislation before it can pass. FWC is working with both sides in the development of their respective bills. The House and Senate both took their next steps in the budget process, passing their respective bills out of their last committee/council. It is anticipated that both will consider their budgets by the full chambers next week, and will be in a posture to go to “Conference” to work out the differences in the following weeks. Please see Sandy Wilson’s report for an in-depth review of the status of FWC’s budget. 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. Chapter 379 is divided into eight parts: I - General Provisions; II - Marine Life; III - Freshwater Aquatic Life; IV - Wild Animal Life; V - Law Enforcement; VI - Licenses for Recreational Activities; VII - Non-Recreational Licenses; and VIII – Penalties. 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 is scheduled in Judiciary, April 8, and then goes to General Government Appropriations. 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 – while the noncriminal infraction was picked up by the House and Senate, the Commission also submitted a criminal violation for the “willful and wanton” scarring of seagrasses that would result in a 1st degree misdemeanor penalty (up to $1000 fine and up to one year in jail). he criminal violation has not been considered by either chamber.
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
Both bills create the successor program for Florida Forever, the State’s land acquisition program that is set to expire in 2010; they increase the funding for land acquisition from $3 billion to $5.3 billion over ten years, but and require 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 s designates FWC and the Department of Agriculture and Consumer Services (DACS) as the State’s “primary land managers” for conservation lands, co-equally (an earlier version gave DACS all land management responsibilities, but the current version makes FWC and DACS co-equal land managers, and FWC’s current land management responsibilities are maintained); it substantially revises the processes for developing land management plans on all state-owned conservation lands, requiring short-term (two years) and long-term (ten years) goals with associated performance measures, monitoring the progress of the implementation of those plans with a third party review, and the preparation of corrective actions; requires each agency to evaluate if the development of land management plans and monitoring services can be delivered more cost effectively by the private sector; places specific emphasis on protecting imperiled species on state-owned conservation lands based on FWC recommendations; requires FWC, DEP, and DACS to report to the Legislature by Dec. 31, 2008, on a new allocation formula used for funding land management with specific criteria identified; substantially revises the land management uniform cost accounting system to better reflect the full costs of land management and to tie it to the new allocation formula; an emphasis is placed on protecting agriculture lands from converting to development and on conservation easements; requires DEP, with assistance from FWC and DACS, to develop a land acquisition and land management information system that maps natural communities; transfers Florida Communities Trust from the Dept. of Community Affairs to the Dept. of Environmental Protection (DEP). SB 542 maintains the current land management structure within FWC, DACS, and DEP; it substantially revises the processes for developing land management plans on all state-owned conservation lands, requiring short-term (two years) and long-term (ten years) goals with associated performance measures; it substantially revises the land management uniform cost accounting system to better reflect the full costs of land management; allows FWC managed lands to manage/restore habitat for native and imperiled species, and if so used, 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) for approval; 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 an 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; allows for water supply and water access to be approved purposes for land acquisition; reduces funding going to the water management districts for land acquisition and redirects those funds to DEP; requires DEP to develop a work plan that prioritizes land acquisition projects under Florida Forever and specifies the categories to consider in the prioritization and requires the Acquisition and Restoration Council to approve the work plan. 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 was approved as a Council bill by Environment and Natural Resource Council, April 2. SB 542 was approved by the Environmental Preservation and Conservation, April 3, and will go next to General Government Appropriations, and Rules. 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, is scheduled in Community Affairs, April 9; if passed, it will go to General Government Appropriations. SB 406/HB 919 by Sen. Margolis/Rep. Domino – Commercial Parasailing
Requires owners of parasailing vessels to carry liability insurance of $500,000 per person and $1 million per event; requires commercial parasail operators to have an appropriate Coast Guard license; requires safety measures when offering parasailing activities, but SB 406 has more restrictive safety measures. Repeals current law 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, was approved by Banking and Insurance, April 1, and goes next to 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. Top of page 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 would be provided by contracting with a qualified person; the Dept. of Environmental Protection would 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 (FWC has worked with the inland navigation districts, who will contract with FWC to provide funding). 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 Environment and Natural Resources Council, April 2, and goes next to 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 the House Calendar, available to be considered by the full House (for its Second Reading). 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 utilized in the Senate budget to avoid cutting FWC law enforcement officers, and to fund FWC law enforcement fuel costs, derelict vessel removal, and marine mammal care), authorizes Consumer Price Index (CPI) to increase boating registration fees beginning in 2013; authorizes 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 General Government Appropriations, April 2. It is now on the Senate Special Order Calendar for Wednesday, April 9. Top of page 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; enhances protections for marine turtles and requires protection of shorebirds during inlet management projects. 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 (for its Second Reading). SB 1672 was approved by Environmental Preservation and Conservation, March 13, Community Affairs, April 3, and goes next to 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 1702 by Sen. Alexander – Department of Agriculture & Consumer Services
Re-creates various provisions relating to the department and increases the fee on wholesale and retail saltwater products dealer licenses. SB 1702 was approved by Agriculture, March 19, General Government Appropriations, April 2, and is scheduled on the Senate Special Order Calendar, Wednesday, April 9. SB 1992 by Senator Baker – Moratorium on New Specialty License Plates
Among other provisions, the bill establishes a three-year moratorium on the creation of new specialty license plates. SB 1992 has passed out of Transportation, March 11; Criminal Justice, March 25; Finance and Tax, April 2; and is now in Transportation and Economic Development 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. HB 5037 is sponsored by the Environment and Natural Resources Council, and was approved by the Policy and Budget Council, March 25. SB 2128 was substituted for HB 5037 and was passed by the full House, April 2. SB 2128 goes next to the Governor for his action. 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 the full Senate, March 26. HB 5039 is sponsored by the Environment and Natural Resources Council and was approved by the Policy and Budget Council, March 25. SB 2130 was substituted for HB 5039 and was passed by full House, April 2. SB 2130 goes next to the Governor for his action. 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. HB 5041 is sponsored by the Environment and Natural Resources Council and was approved by the Policy and Budget Council, March 25. SB 2132 was substituted for HB 5041 and passed by the full House, April 2. SB 2132 goes next to the Governor for his action. 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. HB 5079 by Environment & Natural Resources Council – Department of Environmental Protection
Among other provisions, HB 5079 provides a type two transfer (complete) of the Bureau of Invasive Plant Management within DEP to FWC and transfers specific permitting authority relating to aquatic plants and invasive nonnative plants to DACS; the bill is considered and implementing bill for the House Appropriations bill and will be part of the budget’s Conference negotiations. HB 5079 is sponsored by the Environment and Natural Resource Council and was approved by the Policy and Budget Council, April 3. It has been placed on the House Calendar, available to be heard by the full House (for its Second Reading). HB 5081 by Rep. Mayfield – Trust Funds of FWC
Provides for transfer of $2 million from the Marine Resources Conservation Trust Fund and State Game Trust Fund within FWC to General Revenue Fund for specified period; the legislation is considered an implementing bill for the House Appropriations bill, as statutory authority is needed to make these transfers in the budget, and will be part of the budget’s Conference negotiations. HB 5081 is sponsored by the Environment and Natural Resource Council and was approved by the Policy and Budget Council, April 3. It has been placed on the House Calendar, available to be heard by the full House (for its Second Reading). Top of page |
