Senate Bill sb2586

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    Florida Senate - 2003                                  SB 2586

    By Senator Dockery





    15-986B-03

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 20.331,

  4         F.S.; creating the Office of Boating and

  5         Waterways within the commission; providing

  6         powers and duties of the office; amending s.

  7         206.606, F.S.; providing for the transfer of

  8         moneys from the Fuel Tax Collection Trust Fund

  9         to the Marine Resources Conservation Trust

10         Fund; amending s. 370.0603, F.S.; providing for

11         the use of funds transferred from the Fuel Tax

12         Collection Trust Fund; creating s. 327.47,

13         F.S.; providing for competitive grant programs;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (3) of section 20.331, Florida

19  Statutes, is amended, and paragraph (e) is added to subsection

20  (5) of that section, to read:

21         20.331  Fish and Wildlife Conservation Commission.--

22         (3)  The following administrative units are established

23  within the commission:

24         (a)  Division of Administrative Services.

25         (b)  Division of Law Enforcement.

26         (c)  Division of Freshwater Fisheries.

27         (d)  Division of Marine Fisheries.

28         (e)  Division of Wildlife.

29         (f)  Florida Marine Research Institute.

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    Florida Senate - 2003                                  SB 2586
    15-986B-03




 1  The bureaus and offices of the Game and Fresh Water Fish

 2  Commission existing on February 1, 1999, are established

 3  within the Fish and Wildlife Conservation Commission. There is

 4  created within the commission an office of Boating and

 5  Waterways.

 6         (5)  In further exercise of its duties, the Fish and

 7  Wildlife Conservation Commission:

 8         (e)  Shall assign to the Office of Boating and

 9  Waterways such powers, duties, responsibilities, and functions

10  as are necessary to manage and promote the use of state

11  waterways for safe and enjoyable boating, including oversight

12  and coordination of waterway markers on state waters,

13  providing programs for boating education and boating safety,

14  improving boating access, coordinating the removal of derelict

15  vessels from state waters, economic development initiatives to

16  promote boating in the state, and coordinating the submission

17  of state comments on marine events.

18         Section 2.  Paragraph (d) is added to subsection (1) of

19  section 206.606, Florida Statutes, to read:

20         206.606  Distribution of certain proceeds.--

21         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

22  206.87(1)(e) shall be deposited in the Fuel Tax Collection

23  Trust Fund.  Such moneys, after deducting the service charges

24  imposed by s. 215.20, the refunds granted pursuant to s.

25  206.41, and the administrative costs incurred by the

26  department in collecting, administering, enforcing, and

27  distributing the tax, which administrative costs may not

28  exceed 2 percent of collections, shall be distributed monthly

29  to the State Transportation Trust Fund, except that:

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    Florida Senate - 2003                                  SB 2586
    15-986B-03




 1         (d)  Moneys collected from sales at marinas shall be

 2  transferred to the Marine Resources Conservation Trust Fund in

 3  the Fish and Wildlife Conservation Commission as follows:

 4         1.  $5.0 million in fiscal year 2003-2004;

 5         2.  $8.5 million in fiscal year 2004-2005;

 6         3.  $10.9 million in fiscal year 2005-2006; and

 7         4.  $13.4 million in fiscal year 2006-2007 and each

 8  fiscal year thereafter.

 9         Section 3.  Subsection (1) of section 370.0603, Florida

10  Statutes, is amended, and subsection (4) is added to that

11  section, to read:

12         370.0603  Marine Resources Conservation Trust Fund;

13  purposes.--

14         (1)  The Marine Resources Conservation Trust Fund

15  within the Fish and Wildlife Conservation Commission shall

16  serve as a broad-based depository for funds from various

17  marine-related and boating-related activities and shall be

18  administered by the commission for the purposes of:

19         (a)  Funding for marine and boating research.

20         (b)  Funding for fishery enhancement, including, but

21  not limited to, fishery statistics development, artificial

22  reefs, and fish hatcheries.

23         (c)  Funding for marine law enforcement.

24         (d)  Funding for administration of licensing programs

25  for recreational fishing, saltwater products sales, and

26  related information and education activities.

27         (e)  Funding for the operations of the Fish and

28  Wildlife Conservation Commission.

29         (f)  Funding for titling and registration of vessels.

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    Florida Senate - 2003                                  SB 2586
    15-986B-03




 1         (g)  Funding for marine turtle protection, research,

 2  and recovery activities from revenues that are specifically

 3  credited to the trust fund for these purposes.

 4         (h)  Funding activities for rehabilitation of oyster

 5  harvesting areas from which special oyster surcharge fees are

 6  collected, including relaying and transplanting live oysters.

 7         (i)  Funding for boating-related programs and

 8  activities and for law enforcement on state waters.

 9         (4)  Funds provided to the Marine Resources

10  Conservation Trust Fund from taxes distributed under s.

11  206.606 shall be used for the following purposes:

12         (a)  To provide additional water-related law

13  enforcement, including enforcement of laws and regulations

14  related to the protection of manatees.

15         (b)  For the placement of uniform waterway and markers

16  on state waters.

17         (c)  To provide funding for construction and

18  maintenance of publicly owned boat ramps, piers, and docks,

19  directly and through grants to counties and municipalities.

20         (d)  To implement and administer programs, including

21  competitive grant programs, related to boating safety and

22  education, manatee technical avoidance technology, and

23  economic-development initiatives to promote boating in the

24  state.

25         (e)  For other activities of the Office of Boating and

26  Waterways.

27  

28  Funds not used in one fiscal year must be carried over for use

29  in subsequent years.

30         Section 4.  Section 327.47, Florida Statutes, is

31  created to read:

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    Florida Senate - 2003                                  SB 2586
    15-986B-03




 1         327.47  Competitive grant program.--The commission

 2  shall develop and administer competitive grant programs to use

 3  funds transferred pursuant to s. 206.606(1)(d) for the

 4  construction and maintenance of publicly owned boat ramps,

 5  piers, and docks, boater education, deployment of manatee

 6  technical avoidance technology, and economic-development

 7  initiatives that promote boating in the state. The commission

 8  may adopt rules to administer this section.

 9         Section 5.  This act shall take effect July 1, 2003.

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12                          SENATE SUMMARY

13    Creates the Office of Boating Safety and Waterways in the
      Fish and Wildlife Conservation Commission. Provides for
14    the transfer and use of certain funds for boater safety
      and other programs. (See bill for details.)
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