March 7, 2008 The 2008 Session has begun. The first week of nine weeks of committee meetings and Floor time has concluded. The only bill that the Legislature is required to pass every year is the budget. Unfortunately, the Legislature had to start this Session with cutting current budgets to accommodate declining revenues. Please see Sandy Wilson's attached report on how the Commission's current budget has fared. Also during this first week of committee meetings, the House Conservation and State Lands Committee, chaired by Rep. Will Kendrick, made its recommendations on the Commission's proposed legislation. The Committee recommended two of the agency's five issues to move forward. They are: Modifying and clarifying how officers may dispose of evidence in recreational fishing and hunting cases Creating non-criminal penalties for scarring seagrasses when operating a vessel in a careless manner (the Commission package also included a criminal penalty for "willful and wanton" seagrass scarring, but the Committee did not approve it).
The combination of chapters 370 and 372 of the Florida Statutes will be considered at the Committee's meeting, next week. The process that is followed on the House side is that the Committee recommends Commission proposed issues to the House Environment and Natural Resources Council, chaired by Rep. Stan Mayfield. The Council then considers the recommendations, and whichever ones they accept become the subject of a bill sponsored/filed by the Council. On the Senate side, it is anticipated that the Senate Environmental Preservation and Conservation Committee, chaired by Senator Burt Saunders, will schedule the two issues at its meeting next week. It is also anticipated that the Committee will hear the combination of chapters 370 and 372 after the House Council considers the legislation. With such a large bill (over 500 pages), it makes very good sense to have one draft, rather than a House version and a Senate version. Top of page Sunset ReviewThe Joint Legislative Sunset Committee met this week to consider land management options, among other agenda items (not pertaining to the Commission). The Committee ran out of time before considering land management, so the item has been rescheduled for next week's meeting, Monday, March 10. The recommendation is for all land management responsibilities of the Commission and the Department of Environmental Protection be placed under the Department of Agriculture and Consumer Services. See pages 80-82 of the Committee agenda packet: http://www.leg.state.fl.us/data/committees/Senate/meeting_packets/JCSA.pdf. Pages 51-79 include the Legislature's Office of Program Policy Analysis and Government Accountability report on land management options. Also on the Sunset Committee's agenda is a report pertaining to the Commission's advisory councils. The report recommends repealing five of six advisory councils authorized in statute - Harmful Algal Bloom Task Force, Trap Certificate Technical Advisory and Appeals Board (spiny lobster), Nongame Wildlife Advisory Council, Waterfowl Advisory Council, and the Florida Panther Technical Advisory Council. The recommendation also recommends modifying the statute creating the Florida Wildlife Magazine Advisory Council so that the Council is not required to meet every quarter. Finally, the report recommends that the Commission discontinue the Stone Crab Advisory Board. See pages 44-51 of the Committee's agenda packet (see link above). The process established for the Sunset Committee is that Committee recommendations will be forwarded to the standing committees overseeing the respective agencies. The standing committees will file all sunset legislation. The committees overseeing the Commission follow: House Conservation and State Lands Committee (substantive) House Environment and Natural Resources Council (substantive and budget) Senate Environmental Preservation and Conservation Committee (substantive) Senate General Government Appropriations Committee (budget)
Top of page FWC Issues for 2008Following 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 House 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 is expected to be considered by the House Conservation and State Lands Committee, Wednesday, March 12. House PCB ENRC 08-11
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 non-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 operated in a careless manner, with increased penalties for repeat offenders. PCB ENRC 08-11 was recommended by the House Conservation and State Lands Committee and will be considered by the House Environment and Natural Resources Council next. The issues are anticipated to be considered by the Senate Environmental Preservation and Conservation Committee at its meeting, March 13. 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. 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. Repeal the shoreline exemption that is currently allowed for Florida residents to fish saltwater species on the shoreline. Sea grass scarring - an additional criminal penalty for the willful and wanton scarring of sea grasses, the proposal created a 1st degree misdemeanor penalty (up to $1,000 fine and up to one year in jail).
Top of page Other Legislation of InterestHB 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 is referred to House Committee on Conservation and State Lands; Environment and Natural Resources Council. SB 2078 has been referred to Environmental Preservation and Conservation, Community Affairs, and General Government Appropriations. 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 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
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 was approved by the Senate Environmental Preservation and Conservation, March 6, and goes next to Banking and Insurance and General Government Appropriations. HB 919 is referred to Conservation and State Lands, Environment and Natural Resources Council, and 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 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, 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. 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 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 Conservation and State Lands Committee and Environment and Natural Resources Council. SB 1192 was approved by Senate Environmental Preservation and Conservation, March 6, and goes next to Commerce and General Government Appropriations. Top of page 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 was approved by the Senate Environmental Preservation and Conservation, March 6, and goes next to Community Affairs and 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
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 the Environment and Natural Resources Council, March 5, and goes next to Policy and Budget Council. SB 2058 is referred to Military Affairs and Domestic Security, Environmental Preservation and Conservation, and 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 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. Referred to Senate committees on Environmental Preservation and Conservation, Governmental Operations, and 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. 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 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. Top of page | 
