March 14, 2008 The second week of Session has concluded. The pace is hectic – with current year budget cuts and initial reports on next year’s budget recommendations (see Sandy Wilson’s report), the Sunset review of the Fish and Wildlife Conservation Commission (FWC) along with other agencies, continuing discussions on how to make Florida’s land management more efficient and accountable, the combination of chapters 370 and 372 of the Florida Statutes, promotion of FWC’s legislative package, and meetings on other legislation that could affect the agency. Session is always fast-paced, but the budget (due to declining revenues), Sunset review, and land management issues are making this Session season especially frenzied. This week, the House Conservation and State Lands Committee, chaired by Rep. Will Kendrick, approved the draft legislation that combines chapters 370 (saltwater fisheries) and 372 (freshwater fisheries and wildlife) of the Florida Statutes into a new Chapter 379. The legislation will be considered next by the House Environment and Natural Resources Council, chaired by Rep. Stan Mayfield. If the Council approves the legislation, the bill will be filed and sponsored by the Council. The Conservation and State Lands Committee also discussed, in workshop, the successor program to Florida Forever, Florida’s model land purchasing program, which is due to expire in 2010. The Committee is expected to discuss the issue again, next week. The Senate Environmental Preservation and Conservation Committee, chaired by Senator Burt Saunders, was expected to take up FWC’s legislative package, but the issues were postponed until next week. Sunset ReviewThe Joint Legislative Sunset Committee met this week to consider recommendations for FWC; recommendation for other agencies; land management options for FWC, the Department of Environmental Protection (DEP), and the Department of Agriculture and Consumer Services (DACS); and land management options for the water management districts. The Committee approved its recommendations for FWC, which pertain to the agency’s advisory committees: Repeal from statute the Nongame Wildlife Advisory Council, Harmful Algal Bloom Task Force, Trap Certificate Technical Advisory and Appeals Board (spiny lobster), Waterfowl Advisory Council, and the Florida Panther Technical Advisory Council. Modify the Florida Wildlife Magazine Advisory Council so that the Council is not required to meet every quarter. Recommend that the Commission discontinue the Stone Crab Advisory Board (this was recommended before knowing that the Commission will consider reconstituting this advisory board to address industry issues)
The Committee heard a brief presentation from the Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) on its report on land management options for FWC, DEP, and DCS. Time ran out, so the item has been rescheduled for next week’s meeting, Monday, March 17. The Sunset Committee staff is recommending that all three agencies’ land management responsibilities be placed under DACS. 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 OPPAGA’s report on land management options. The Senate Environmental Preservation and Conservation Committee, considered its Sunset Review legislation, SB 1286, pertaining to FWC (and DEP), this week. The Committee approved the following for FWC: Reenacts FWC in statute, s. 20.331, F.S.; Increases vessel registration fees, based on the Consumer Price Index (CPI) from 1991 (the last time fees were increased) to 2008; authorizes future increases every five years, based on the CPI, unless otherwise provided by law; Requires non-motored-powered vessels 16 feet and greater to be registered, not including canoes, kayaks, racing shells, or rowing sculls; Establishes the CPI for future increases for resident and non-resident hunting and fishing licenses fees, every five years beginning in 2013, unless otherwise provided by law; Requires 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 and recommend where efficiencies may be gained; Requires FWC to complete its 5-year “Air-Station†conceptual plan, which is designed to improve agency aircraft operations and maintenance efficiency, Requires FWC to review its land management activities and provide recommendations for combining duplicative activities with other agencies or for outsourcing activities that gain efficiencies; Requires FWC to conduct a cost-benefit analysis of Fish and Wildlife Research Institute’s activities such as, but not limited to, its GIS technical support services and provide recommendations on efficiencies that may be gained from outsourcing such activities; Repeals from statute the Federal Law Enforcement Trust Fund (that was terminated in 2005), the Waterfowl Advisory Council, the Florida Panther Technical Advisory Council, and the Nongame Wildlife Advisory Council.
The House is looking at combining the three agencies’ land management activities under DACS, but no legislation has been filed. 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 FWC 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 Following is a summary of FWC’s legislative package, Sunset Review, as well as other bills of interest to the agency: FWC Legislative ProposalsHouse PCB ENRC 08-02
Combines Chapter 370 (commercial saltwater fisheries) and Chapter 372 (wildlife, freshwater fisheries, and recreational saltwater fisheries) of the Florida Statutes into a new Chapter 379; this is a technical rewriting of the chapters – no substantive changes (no changes in meaning of current law) are part of the project. PCB ENRC 08-02 was approved by the House Conservation and State Lands Committee, Wednesday, March 12, and will be heard next by the Environment and Natural Resources Council. If approved by the Council, the legislation will be filed and sponsored by the Council. 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. If approved by the Council, the legislation will be filed and sponsored by the Council. The issues are anticipated to be considered by the Senate Environmental Preservation and Conservation Committee at its meeting, March 19. 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. Seagrass scarring – an additional criminal penalty for the willful and wanton scarring of seagrasses, the proposal created a 1st degree misdemeanor penalty (up to $1000 fine and up to one year in jail).
Top of page Other Legislation of InterestHouse PCB-ENRC 08-09 – Florida Forever Successor
This is a placeholder for the Florida Forever successor program.
The issue was workshopped by Conservation and State Lands Committee, March 12. It is anticipated the issue will be discussed again at the next meeting of the Committee, March 19. 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 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 Government Efficiency and Accountability Council, March 12; it is now in Policy and Budget Council. HB 179/SB 432 by Rep. Holder/Sen. Bennett – Artificial Reefs
Creates “Ships-to-Reefs†program within FWC that is a matching grant program for local governments to place U.S. Maritime Administration (MARAD) and U.S. Navy decommissioned ships off of Florida’s coastline as artificial reefs; authorizes FWC to plan and develop the program by rule; implementation of the program is subject to appropriations by the Legislature; HB 179 was approved by the House Conservation and State Lands Committee, Dec. 12, 2007, and is now in Environment and Natural Resources Council; SB 432 was approved by the Senate Environmental Preservation and Conservation, March 6, and goes next to Community Affairs and General Government Appropriations. SB 406/HB 919 by Sen. Margolis/Rep. Domino – Commercial Parasailing
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/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, 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 has been referred to Energy, Environment and Natural Resource Council and the Rules and Calendar Council. 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. Top of page 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 is scheduled on the Commerce committee agenda for 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; no appropriation or transfer of funds is authorized. SB 758 was approved by the Senate Environmental Preservation and Conservation, March 6, and is scheduled on the Commerce agenda for March 18 and then goes to General Government Appropriations. HB 635 was approved by the Environmental Protection Committee, March 5, and goes next to Environment and Natural Resources Council and Policy and Budget Council. HB 819/SB 2058 by Rep. Kendrick/Sen. Dean – Hunter Safety Course Requirements
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 the Policy and Budget Council, March 11; it is now on 2nd reading of the House calendar. SB 2058 is scheduled on the Military Affairs and Domestic Security agenda, March 18, and then goes to 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. An amendment redefines non-motor powered vessel; increases vessel registration fees; establishes Consumer Price Index for future increase to vessel registration fees and hunting and fishing licenses and permit fees; 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, its land management activities for efficiencies and duplication of services with other agencies, and a cost-benefit analysis on 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 goes next to 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. Top of page HB 1427/SB 1672 by Rep. Mayfield/Sen. Jones – Beach Management
Provides requirements for quality and quantity of dredged sand placed on certain beaches; requires estimation of requisite quantity of beach-quality sand by DEP; applies requirements for dredging and certain inlet management projects and activities; requires protection of shorebirds and marine turtles. HB 1427 was approved by Environmental Protection Committee, March 12, and goes next to Environment and Natural Resource Council. SB 1672 was approved by Environmental Preservation and Conservation, March 13, and goes next to Community Affairs and General Government Appropriations. SB 1486 by Sen. Saunders – State Tortoise
Designates the Gopher Tortoise as the official state tortoise. Approved by the Senate Environmental Preservation and Conservation Committee, March 6, and goes next to Governmental Operations. SB 1546 by Sen. Saunders – Personal Floatation Devices
Prohibits the operation of a vessel less than 26 feet in length unless every person under 6 years of age is wearing a personal floatation device approved by the Coast Guard while vessel is underway. Referred to Senate committees on Environmental Preservation and Conservation; General Government Appropriations. SB 2128 by Sen. Alexander – Administrative Trust Fund/FWC
Re-creates the Administrative Trust Fund within FWC without modification. Approved by General Government Appropriations, March 13, and was place on second reading of the Senate calendar. SB 2130 by Sen. Alexander – Federal Grants Trust Fund/FWC
Re-creates the Federal Grants Trust Fund within FWC without modification. Approved by General Government Appropriations, March 13, and was place on second reading of the Senate calendar. SB 2132 by Sen. Alexander – Grants and Donations Trust Fund/FWC
Re-creates the Grants and Donations Trust Fund within FWC without modification. Approved by General Government Appropriations, March 13, and was place on second reading of the Senate calendar. 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 Environmental Preservation and Conservation; Agriculture; Governmental Operations; and General Government Appropriations. Top of page |
