Legislative Affairs : Session Report - Week #9 :

Session Report - Week #9

May 3, 2008

The 2008 Session concluded Friday, May 2.  Other than the law enforcement pay raise, which we deeply regret not securing, the agency fared well.  Commissioners Barco, Bergeron, Corbett, Stephenson, and Wright were confirmed by the Senate.  Both of the agency’s proposed bills – seagrass scarring/evidence handling, HB 7059/ SB1300, and the combination of chapters 370 and 372, HB 7091/SB 1304, - passed.  SB 1286, the Senate legislation that adjusts vessel registration fees and reenacts the statutory authorization of FWC passed.  HB 5079, the House legislation transferring the Bureau of Invasive Plant Management in the Department of Environmental Protection (DEP) to FWC, with certain responsibilities in the bureau being transferred to the Department of Agriculture and Consumer Services (DACS), passed.  The successor program to Florida Forever, SB 542/HB 7141, the State’s premier land buying program, passed. 

All of these bills go next to the Governor for his action.  If the Governor receives a bill during Session, he has seven days on which to act from the day he receives it.  If the Governor receives a bill after Session, he has 15 days on which to act from the day he receives it.  It is expected that the Governor will not receive any of the FWC bills until after Session.

Last week, it was reported that an amendment to SB 1992 had been filed in the House, which added a $1 fee to all vehicle registrations that would fund salary increases for all sworn state law enforcement officers.  This amendment did not pass. 

In comparison to other areas of government, such as health care and education, the FWC budget fared well.  Please see Sandy Wilson’s Ninth Week Session Budget report for the details on the agency’s approved budget for the 2008-09 fiscal year.

Following is a summary of FWC’s legislative package, Sunset Review, as well as other bills of interest to the agency:  Bills highlighted in gold  passed during the 2008 Session.

Fish and Wildlife Conservation Commission’s Legislative Proposals

HB 7059/SB 1300 by Environment and Natural Resources Council and Environmental Protection and Conservation Committee – 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 and directs fine revenues to the Marine Resources Conservation Trust Fund to be used for boating safety education; allows the Board of Trustees of the Internal Improvement Trust Fund (Governor and Cabinet) to utilize seagrass mitigation banks to offset impacts of construction projects. The bill was used as a vehicle to further refine the successor program to Florida Forever by requiring state-owned conservation lands to be monitored every three years by a monitoring team made up of FWC, DEP, and DACS; and by requiring each conservation land manager to submit an operational report every three years to the Land Management Uniform Accounting Council on the progress toward achieving short-term and long-term goals. The bill was used as a vehicle to provide  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 (see SB 1294 for statutory changes). Repeals references to the Federal Law Enforcement Trust Fund that was terminated in 2005, and repeals the section creating the Boating Advisory Council. 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 as HB 7059, which was approved by the Policy and Budget Council, April 15; passed the full House, April 28; and passed the full Senate as amended, April 30; the House concurred in the Senate amendment and passed it, May 2.  SB 1300 was approved by Environmental Preservation and Conservation Committee, March 19, Judiciary, April 8, and General Government Appropriations, April 15; it passed its Second Reading, April 24, was substituted by HB 7059, which was amended and returned to the House for concurrence; the House concurred in the amended bill.  HB 7059 goes next to the Governor for his action.

HB 7091/SB 1304 by House Council on Environment and Natural Resources and Senate Environmental Preservation and Conservation Committee – Combination of chapters 370 and 372 into Chapter 379

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 (precursor to HB 7091) was approved by the House Conservation and State Lands Committee, Wednesday, March 12, and the Environment and Natural Resources Council, March 19.  Filed as HB 7091, it was removed from Policy and Budget Council on April 15, passed the full House, April 29, and passed the full Senate, April 30. SB 1304 was approved by Senate Environment Preservation, passed its second reading by the full Senate, April 29, and was substituted by HB 7091, which passed the full Senate April 30.  HB 7091 goes next to the Governor for his action.

A variation of the following issue, submitted to the Legislature by the agency, was amended into SB 406, April 1, and into HB 919, March 19; but it was amended out of HB 919, April 9 (see below):

• Agency request - 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; it 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 were not 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 is part of HB 7059 and SB 1300, the Commission also requested 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).  The criminal violation has not been picked up by either chamber.

Other Legislation of Interest

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, Environment and Natural Resources Council, April 9, sent to Policy and Budget Council, and died in committee. SB 2078 was approved by Environmental Preservation and Conservation, March 27, was approved by Community Affairs, April 22, sent to General Government Appropriations, and died in committee. SB 2394 was approved by Environmental Preservation and Conservation, March 27, Community Affairs, April 15; it was withdrawn from Health Regulation, sent to General Government Appropriations, and died in committee.

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; sent to  Policy and Budget Council, and died in committee.

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. SB 406 names the bill the “Amber May White Act”, and also 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, Banking and Insurance, April 1, and was sent to General Government Appropriations; it died in committee. HB 919 was approved by Conservation and State Lands, March 19, Environment and Natural Resources Council, April 9, and was sent to Policy and Budget Council; it died in committee.

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; it died in committee.  HB 1519 has been referred to Government Efficiency and Accountability Council, and Policy and Budget Council; it died in committee.

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; it died in 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, and died in committee.

SB 432/HB 179 by Sen. Bennett/Rep. Holder – 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, Environment and Natural Resources Council April 9, and was sent to Policy and Budget Council. SB 432 was approved by the Senate Environmental Preservation and Conservation, March 6, Community Affairs, April 17, and General Government Appropriations, April 22; it passed the full Senate, April 28, and passed the full House, April 29. SB 432 goes next to the Governor for his action.

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; it died in committee.

SB 542/HB 7141 by House Environment and Natural Resources Council/Senate Environmental Preservation and Conservation Committee – Florida Forever Successor Program

Creates the successor program for Florida Forever, the State’s land acquisition program that is set to expire in 2010; they increase the authorization for land acquisition funding from $3 billion to $5.3 billion over ten years, 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;) they redirect some land acquisition funding from water management districts to the Department of Agriculture and Consumer Services (DACS) to be used for the purchase of conservation easements on agricultural lands.  HB 7141 (formerly PCB-ENRC 08-09) designates FWC and DACS as the State’s “primary land managers” for conservation lands (an earlier version gave DACS all land management responsibilities; in the latest version, FWC’s current land management responsibilities are not only maintained, they are enhanced); 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, Dept. of Environmental Protection (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 (which includes costs associated for agencies who are co-lead managers - this will positively impact FWC); 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; adds working waterfront protection agreements or acquisition of working waterfronts as an allowable use of agricultural easement funds; 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 (DCA) to 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, including the estimated calculable financial benefits of ecosystem services of conservation lands (see HB 7059 for additional land management monitoring and reporting requirements); requires FWC to study the efficacy of utilizing state-owned lands (managed by FWC, DACS, and DEP) to protect, manage, and restore habitat for native or imperiled species; 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 DACS to purchase conservation easements on agricultural lands and to DCA to fund land acquisition and capital project expenditures to implement the Stan Mayfield Waterfronts Program; creates the Stan Mayfield Working Waterfronts Program in Florida Communities Trust to assist local governments in keeping waterfront facilities from converting to totally private uses; 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 (ARC) to approve the work plan; increases ARC to eleven members (currently nine), directs the FWC Commission to appoint one of the new members with experience in wildlife management or wildlife ecology, and directs the Commissioner of Agriculture to appoint the other new member with experience in  agriculture, including silviculture; gives additional direction to ARC on the types of lands to be purchased under Florida Forever including, less-than-fee simple agricultural lands, working waterfronts, lands with climate change values including sequestering of carbon, cost-share purchases with the private sector or local governments, etc; retains Florida Communities Trust in DCA; and designates the gopher tortoise as the official state tortoise; requires DEP to notify the legislative delegation when state-owned lands are subject to annexation. 

HB 7141 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 11, approved by the Policy and Budget Council, April 21; it was substituted by SB 542, which passed the full House, April 30.  SB 542 was approved by the Environmental Preservation and Conservation, April 3, General Government Appropriations, April 10, and the full Senate, April 23; it was substituted for HB 7141, and passed by the full House, April 30.  SB 542 goes next to the Governor for his action.

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, but was not considered by General Government Appropriations, April 22; it died in committee; for seagrass scarring issue, refer to HB 7059.

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, Environment and Natural Resources Council April 9; and was sent Policy and Budget Council; it died in committee.  SB 1192 was approved by Senate Environmental Preservation and Conservation, March 6, Commerce, March 18, and was sent to General Government Appropriations; it died in committee.

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, which will contract with FWC to provide funding).  SB 758 was approved by the Senate Environmental Preservation and Conservation, March 6, Commerce, March 18, General Government Appropriations, April 10, passed the full Senate, April 25, substituted for HB 635 and passed the full House, May 1. HB 635 was approved by the Environmental Protection Committee, March 5, Environment and Natural Resources Council, April 2, was withdrawn from Policy and Budget Council,

April 23, and placed on the House Calendar for Second Reading; it was substituted by SB 758, which passed the full House, May 1. SB 758 goes next to the Governor for his action.

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, the Environment and Natural Resources Council, March 5, the Policy and Budget Council, March 11, and the full House, April 17; it was sent to the Senate in Messages, but died in Messages.  SB 2058 was approved by Military Affairs and Domestic Security, March 18, Environmental Preservation and Conservation, March 27, was sent to General Government Appropriations, and died in committee.  

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 was referred to committees on Environmental Preservation and Conservation and General Government Appropriations; it died in committee.

HB 1263/SB 2976 Local Bill by Rep. Needelman/Sen. Posey – Brevard Co. Clam License

Extends 2008 expiration date for clam harvesting license in Brevard County to 2013.  SB 2976 was filed.  HB 1263 was approved by Urban and Local Affairs, March 12, Government Efficiency & Accountability Council, April 16, was passed by the full House, April 24, and passed the full Senate, April 30; it goes next to the Governor for his action.

SB 1286 by Sen. Saunders – Sunset Review of FWC and Vessel Registration Fee Adjustments

Reenacts s. 20.331 of the Florida Statutes that establishes FWC in statute; requires non-motor powered vessels over 16 feet to be registered, adjusts vessel registration fees to the Consumer Price Index (CPI) from 1991, the last time the fees were increased; additional revenues are utilized to fund 66 FWC law enforcement officers and marine mammal care (which were cut in the House budget), and to fund FWC law enforcement fuel costs and derelict vessel removal; authorizes the use of the CPI to adjust boating registration fees beginning in 2013; authorizes use of the CPI to adjust 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. Reports are due Jan. 1, 2009. SB 1286 was approved by the Senate Environmental Preservation and Conservation, March 13, Governmental Operations, March 19, General Government Appropriations, April 2, and the full Senate, April 9; it was heard and amended by the full House, April 10, and returned to the Senate who refused to concur in the House amendment. The House action and the Senate refusal to concur were procedural maneuvers to allow the bill to be part of the budget conference negotiations; it is considered a “conforming bill” to the Appropriations bill. The budget conference committee approved the full bill; the Senate passed the bill, May 1, and the House passed the bill, May 1.  SB 1286 goes next to the Governor for his action.

SB 1294 by Sen. Alexander – DEP/Florida Aquatic Weed Control Act

Among other provisions pertaining to DEP, SB 1294 effects the statutory changes required to transfer the State’s aquatic weed control responsibilities from DEP to FWC, and to transfer specific permitting authority relating to aquatic plants and invasive nonnative plants to DACS (see HB 7059 for transfer of the Bureau of Invasive Plant Management to FWC from DEP). SB 1294 passed the committees on Environmental Preservation and Conservation, March 13, Governmental Operations, March 19, General Government Appropriations, April 2, and the full Senate, April 9; it was heard and amended by the full House, April 10, and returned to the Senate who refused to concur in the House amendment. The House action and the Senate refusal to concur were procedural maneuvers to allow the bill to be part of the budget conference negotiations; it is considered a “conforming bill” to the Appropriations bill. The budget conference committee approved the full bill; the Senate passed the bill, May 1, and the House passed the bill, May 1. SB 1294 goes next to the Governor for his action.

SB 1302/HB 7139 by Sen. Saunders/Rep. Mayfield – Ocean Outfalls/Wastewater Disposal

Requires South Florida Water Management District (SFWMD) to include in its regional water supply plan projects that eliminate the discharge of domestic wastewater through ocean outfalls (ocean outfalls); requires SFWMD to utilize reclaimed water made available by the elimination of ocean outfalls and to consider investing in the infrastructure to reclaim such water; prohibits new or expanded ocean outfalls; requires current ocean outfalls to meet advanced wastewater treatment standards by 2018, and requires each domestic wastewater facility to install a reuse system by 2025; prohibits ocean outfalls after 2025; creates the Leah Schad Memorial Ocean Outfall Program to assist local governments in the implementation of the requirements of the bill.  SB 1302 passed the Environmental Preservation and Conservation Committee, March 19, General Government Appropriations, April 2, and the full Senate, April 16; it was substituted for HB 7139 and passed the full House, May 1.  HB 7139 was filed, April 17, and placed on the House Calendar, April 18; it was substituted by SB 1302, which passed the full House, May 1.  HB 7139 goes next to the Governor for his action.

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; it died in committee.

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, Environment and Natural Resource Council, March 19; and passed the full House, April 28; it was substituted for SB 1672 and passed the full Senate, April 29.  SB 1672 was approved by Environmental Preservation and Conservation, March 13, Community Affairs, April 3, was withdrawn from General Government Appropriations, April 24, and placed on the Senate Special Order Calendar,

April 28; it was substituted by HB 1427, which passed the full Senate, April 29.  HB 1427 goes next to the Governor for his action.  

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, was withdrawn from Governmental Operations, and passed the full Senate, April 25; it was sent to the House in Messages, but died in Messages. See SB 542 for designation of gopher tortoise as official state tortoise.

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; it died in committee.

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 the committees on Agriculture, March 19, General Government Appropriations, April 2, and the full Senate, April 9; it was heard and amended by the full House, April 10, and returned to the Senate who refused to concur in the House amendment.  The House amendment and Senate refusal to concur were procedural maneuvers to allow the bill to be part of the budget conference negotiations.  It was heard and amended by the full House, April 10, and returned to the Senate who refused to concur in the House amendment.  The House action and the Senate refusal to concur were procedural maneuvers to allow the bill to be part of the budget conference negotiations. SB 1702 is considered a “conforming bill” to the Appropriations bill. The budget conference committee approved the full bill; the Senate passed the bill, May 1, and the House passed the bill, May 1. SB 1702 goes next to the Governor for his action.

SB 1992/HB 1399 by Senate Transportation/Rep. Glorioso – Moratorium on New Specialty License Plates

Among other provisions pertaining to the Department of Highway Safety and Motor Vehicles, the bill establishes a three-year moratorium on the creation of new specialty license plates. There was no action on the amendment filed in the House that added a $1 fee to all vehicle registrations, which would be used to fund salary increases for all sworn state law enforcement officers and the security services.  SB 1992 passed out of Transportation, March 11; Criminal Justice, March 25; Finance and Tax, April 2; Transportation and Economic Development Appropriations, April 10; passed the full Senate, April 23, and was sent to the House in Messages.  The House amended and passed SB 1992, April 30; the Senate concurred and passed the amended version, May 1.

SB 1992 goes next to the Governor for his action.

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 was signed by the Governor, April 21, Chapter No. 2008-21.  

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 was signed by the Governor, April 21, Chapter No. 2008-22.

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 was signed by the Governor, April 21, Chapter No. 2008-23.

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; it died in committee.  See SB 542 for similar provisions.

HB 5079 by Environment & Natural Resources Council – Department of Environmental Protection

Among other provisions pertaining to DEP, 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. HB 5079 is sponsored by the Environment and Natural Resource Council and was approved by the Policy and Budget Council, April 3.  HB 5079 was passed by the full House, April 10, and the Senate, upon receiving the bill, passed it with amendment; the House refused to concur with the Senate amendment. The Senate amendment and the House refusal to concur were procedural maneuvers to allow the bill to be part of the budget conference negotiations; it was considered a “conforming bill” to the Appropriations bill. HB 5079 died in Messages.

HB 5081 by Rep. Mayfield – Trust Funds of FWC

Provides for transfer of $2 million from the Marine Resources Conservation Trust Fund and $210,000 from the State Game Trust Fund within FWC to General Revenue Fund until 2013; the legislation is considered a “conforming bill” for the House Appropriations bill, as statutory authority is needed to make these transfers in the budget; it is 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.  HB 5081 was passed by the full House, April 10, and the Senate, upon receiving the bill, passed it with amendment; the House refused to concur with the Senate amendment. The Senate amendment and House refusal to concur were procedural maneuvers to allow the bill to be part of the budget conference negotiations. HB 5081 died in Messages.

HB 7121 by Safety and Security Council and Rep. Snyder – Law Enforcement Salaries

Allows the $2 surcharge assessed on probationers and parolees, who have committed a felony, to be used for supplemental salary increases for all state law enforcement officers, corrections officers, and probation officers.  The $2 surcharge is deposited into the Criminal Justice Training and Standards Trust Fund, within the Florida Department of Law Enforcement.  HB 7121 passed out of the Safety and Security Council, as a proposed council bill, April 9; it was filed by the Council, April 11, and referred to the Policy and Budget Council; it died in committee.