Legislative Affairs : 2008 Pre-session report :

2008 Pre-session report

March 3, 2008

The 2008 Session begins this Tuesday, March 4 and is scheduled to end May 2.  February saw three weeks of committee meetings, including one full week devoted to budget hearings. 

Agency Issues

• The Commission’s legislative package has been submitted to the House and Senate.  Those issues include the following (see more detail below): 

• The combination of chapters 370 (commercial saltwater fisheries) and 372 (wildlife, freshwater fisheries, and recreational saltwater fisheries) of the Florida Statutes

• Increase the age requirement for those having to take the boater’s education course from 21 and under to everyone by 2019

• Increase the age requirement for mandatory wear of life vests when a boat is underway from under six to under 13

• Modify and clarify how officers may dispose of evidence in recreational fishing and hunting cases
  Create non-criminal and criminal penalties for scarring seagrasses

• Repeal the shoreline exemption that is allowed for Florida residents to fish saltwater species from the shoreline

The combination of chapters 370 and 372 of the Florida Statutes is the most complex issue.  Combining two chapters of law into a cohesive, well-organized unit is a huge undertaking.  The draft bill is almost 500 pages.  Yet, the overriding principle of no substantive changes, i.e. no changes to the meaning of current law, will allow for the technical nature of the effort to be completed with less difficulty. 

The combination of the two chapters has been the subject of an interim project of the House of Representatives since 2003.  The House Conservation and State Lands Committee, chaired by Representative Will Kendrick, considered a first draft of the chapter combination at its meeting, January 23, and approved going forward with structural changes to the draft.  The Committee staff held two meetings for the public interested in the project, February 8 and February 15, in Tallahassee.  Comments received at the workgroup meeting are being incorporated into the next draft of the bill, which is expected to be presented to the Committee at its meeting, March 5.  Once the Committee is satisfied with the draft, it will make a recommendation to the House Environment and Natural Resources Council, chaired by Representative Stan Mayfield.  If approved by the Council, the legislation will be filed and will be available to be considered by the full House of Representatives.  The agency is working closely with the House in the development of the legislation.

On the Senate side, the Senate Environmental Preservation and Conservation Committee, chaired by Senator Burt Saunders, is positioned to consider the draft filed by the House Environment and Natural Resources Council as the Senate version of the bill.

On the other issues, the House Conservation and State Lands Committee held a workshop to consider them at their meeting, February 6, in Tallahassee.  As part of the presentation on the repeal of the shoreline exemption, Dr. John Boreman, Director of the National Marine Fisheries Service’s Office of Science and Technology, made a presentation of the new federal registration for those saltwater fishing in federal waters, as required by Congress in the Magnuson-Stevens Conservation and Management Act (MSA).  The MSA sets policy for fisheries in federal waters.  It is anticipated that if Florida repeals the shoreline exemption, Florida’s residents would be exempt from the federal registration. 

Chairman Kendrick asked members to consider the FWC proposals and make recommendations as to which ones they want to go forward.  These recommendations are expected to be considered at their next meeting, March 5.  The House Environment and Natural Resource Council will consider sponsoring their recommendations as a Council bill.  The Senate has not scheduled the Commission’s issues yet.

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Sunset Review

The Commission is one of ten agencies - FWC, Dept. of Environmental Protection (DEP), Dept. of Agriculture and Consumer Services (DACS), Dept. of Citrus, Dept. of Highway Safety and Motor Vehicles, and the five water management districts - whose statutory responsibilities are being reviewed by the Legislature during the 2008 Session.  The Legislature’s review includes, but is not limited to, reviewing agencies’ performances and their interactions with the public, determining if their duties/services should continue to be provided by State government, ascertaining if duplication of services is occurring between agencies, and recommending where efficiencies may be gained.  By 2015, all state agencies will be reviewed; however, these ten are scheduled first.

The Legislature created a joint House and Senate committee, the Joint Legislative Sunset Committee (Sunset Committee), to carry out the reviews.  In addition, the substantive committees in both houses that oversee the agencies are conducting reviews as well.  The Sunset Committee will send its recommendations to the substantive committees, who are responsible for filing the legislation that will incorporate any changes.

Since the summer of 2006, the agencies have provided information to the committees about all aspects of their operations.  For the Commission, focus is centering on land management, lake restoration, invasive species control, research, and law enforcement. 

Special attention is being paid to land management duties carried out by the Commission, DACS, and DEP.  Legislators have questioned if it is inefficient for three agencies to provide management on the lands of the State.  They recognize the separate missions of the agencies, but wonder if efficiencies may be found if only one agency has the responsibility.   In addition, there is some frustration with not being able to determine the true costs of land management.

At its meeting scheduled for today (March 3), the Sunset Committee planned to consider a staff report that recommends all land management responsibilities of the Commission and DEP be placed under DACS.  Time ran out before the Committee took up the issue.  The Sunset Committee is expected to meet next week, but the agenda has not been set yet (for the first several weeks of Session, the Legislature is on a two-day meeting notice requirement, so the agenda will not be known until two days before the meeting). 

Commission staff is working with the Sunset Committee and the substantive committees and following this issue closely.

FWC Issues for 2008

Following is a summary of the Commission’s legislative package, as well as other bills of interest to the agency:

Fish and Wildlife Conservation Commission’s Legislative Proposals

PCB ENRC 08-02 (House); combination of 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.

Other issues in the Commission’s package include:

1. 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.

2. 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.

3. Modify and clarify 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.

4. Create non-criminal and criminal penalties for scarring seagrasses; currently, there are no penalties for boaters who cause scarring of seagrasses; this proposal creates a non-criminal infraction ($50 fine) for scarring if the boat was not operated in a reasonable and prudent manner, with increased penalties for repeat offenders; for willful and wanton scarring of seagrasses, the proposal creates a 1st degree misdemeanor penalty (up to $1000 fine and up to one year in jail).

5. Repeal the shoreline exemption that is currently allowed for Florida residents to fish saltwater species on the shoreline.

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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 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 is referred to House Committee on Conservation and State Lands; Environment and Natural Resources Council. SB 2078 has not been referred. SB 2394 has not been referred. 

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 is now in Government Efficiency and Accountability 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 is referred to Senate committees on Environmental Preservation and Conservation, Community Affairs, and General Government Appropriations.

SB 406/HB 919 by Sen. Margolis/Rep. Domino – Commercial Parasailing

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. SB 406 is referred to Senate committees on Environmental Preservation and Conservation, Banking and Insurance, General Government Appropriations. HB 919 is referred to Environment and Natural Resources Council; Policy and Budget Council.

SB 420 by Sen. Deutch – 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. Referred to Senate committees on Environmental Preservation and Conservation, Community Affairs, and General Government Appropriations.

SM 426 by Sen. Bennett – 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. Referred to Senate Environmental Preservation and Conservation Committee.

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 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, Lee, Manatee, Monroe, or Pinellas counties; restoration will be provided by contracting with a qualified person; The Dept. of Environmental Protections 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; requires the Legislature’s Office of Program Policy Analysis and Governmental Accountability (OPPAGA) to evaluate the marine industry in Florida; in particular, OPPAGA is to review the incentives for marine industries to grow in Florida compared to other states, as well as the economic impact the industry has in Florida; adds an airboater to the Boating Advisory Council. Referred to Senate committees on Environmental Preservation and Conservation, Community Affairs, and General Government Appropriations.

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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 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 is referred to Environment and Natural Resources Council.  SB 1192 has not been referred.

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; no appropriation or transfer of funds is authorized.  SB 758 is referred to Senate committees on Environmental Preservation and Conservation, Community Affairs, and General Government Appropriations. HB 635 is referred to Environment and Natural Resources Council; Policy and Budget Council.

HB 819/SB 2058 by Rep. Kendrick/Sen. Dean – Hunter Safety Course Requirements

Provides that certain hunter safety course requirements for resident active duty members of the military may be satisfied by completion of certain coursework or testing.  HB 819 was approved by Conservation and State Lands Committee, Feb. 20 and is now in Environment and Natural Resources Council.  SB 2058 has not been referred. 

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 has not been referred.

SB 1286 by Sen. Saunders – Sunset Review of FWC

Reenacts s. 20.331 of the Florida Statutes that establishes FWC in statute. Referred to Senate committees on Environmental Preservation and Conservation, General Government Appropriations.

SB 1300 by Sen. Saunders – Feeding of Alligators or Crocodiles

Prohibits the feeding or enticement of alligators or crocodiles. Referred to Environmental Preservation and Conservation, General Government Appropriations and Rules.

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. 

SB 1486 by Sen. Saunders – State Tortoise

Designates the Gopher Tortoise as the official state tortoise.  Referred to Senate committees on Environmental Preservation and Conservation; 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 2336 by Sen. Crist – State Lands/Acquisition

Decreases minimum estimated value of a parcel allowed before two appraisals are required.  Requires the Dept. of Agriculture and Consumer Services to select one of the appraisers and that a third appraisal may be obtained under certain circumstances; requires Dept. of Financial Services to select a third appraiser and a review appraiser if the estimated value of a parcel exceeds a certain amount.  SB 2336 has not been referred.

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