| 1 | The Committee on Commerce recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to the Great Florida Wrek-reation Diving |
| 8 | Trail Act; providing a popular name; providing purpose of |
| 9 | the act; creating the Florida MARAD and U.S. Navy Vessel |
| 10 | Placement Commission within the Office of Tourism, Trade, |
| 11 | and Economic Development; providing membership, |
| 12 | organization, administrative support, and duties of the |
| 13 | commission; providing that the commission is subject to |
| 14 | public records and public meetings requirements; requiring |
| 15 | the commission to request and receive interagency |
| 16 | comments; providing for expiration of the commission; |
| 17 | providing for transfer of documents and remaining assets |
| 18 | of the commission; providing an effective date. |
| 19 |
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| 20 | WHEREAS, in the past, the United States Navy has used |
| 21 | unneeded ships as targets for military exercises known as |
| 22 | sinking exercises, and |
| 23 | WHEREAS, now the Navy has devised an alternative means of |
| 24 | disposing of obsolete Navy vessels that allows the vessels to |
| 25 | serve in a productive capacity for hundreds of years past their |
| 26 | intended use, and |
| 27 | WHEREAS, the National Defense Authorization Bill for fiscal |
| 28 | year 2004 (H.R. 1588) allows appropriate decommissioned ships to |
| 29 | be donated for use as artificial reefing, and |
| 30 | WHEREAS, the process of using obsolete vessels as man-made |
| 31 | artificial reefs not only promotes marine life and fishing but |
| 32 | relieves pressures on natural coral reefs, and |
| 33 | WHEREAS, the measure allows the Navy to accomplish the |
| 34 | overall process for cost-effective donation transfer of |
| 35 | available naval vessels, and |
| 36 | WHEREAS, the United States Maritime Administration (MARAD) |
| 37 | will coordinate federal agency solicitation and application for |
| 38 | obtaining the vessels for use as artificial reefs, and |
| 39 | WHEREAS, the donation and transfer application for all Navy |
| 40 | and MARAD ships available for use as artificial reefs may be |
| 41 | submitted only by states, commonwealths, and territories and |
| 42 | possessions of the United States, or municipal corporations or |
| 43 | political subdivisions thereof, and |
| 44 | WHEREAS, the program provides a practical option for |
| 45 | disposing of inactive naval vessels in a cost-effective and |
| 46 | environmentally sound manner that can also promote ecotourism |
| 47 | associated with recreational diving and fishing in Florida, NOW, |
| 48 | THEREFORE, |
| 49 |
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| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
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| 52 | Section 1. (1) POPULAR NAME.--This act may be referred to |
| 53 | by the popular name the "Great Florida Wrek-reation Diving Trail |
| 54 | Act of 2004." |
| 55 | (2) PURPOSE.--The purpose of the Great Florida Wrek- |
| 56 | reation Diving Trail Act is to promote ecotourism associated |
| 57 | with recreational diving and fishing in Florida through the |
| 58 | placement of United States Maritime Administration (MARAD) and |
| 59 | United States Navy decommissioned vessels in Florida waters as |
| 60 | artificial reefs. The commission shall be considered the |
| 61 | artificial reef coordinator for Florida for purposes of the |
| 62 | United States Department of Transportation transfer of obsolete |
| 63 | MARAD and Navy vessels program. |
| 64 | (3) FLORIDA MARAD AND U.S. NAVY VESSEL PLACEMENT |
| 65 | COMMISSION; CREATION.--There is created within the Office of |
| 66 | Tourism, Trade, and Economic Development the Florida MARAD and |
| 67 | U.S. Navy Vessel Placement Commission. |
| 68 | (4) MEMBERSHIP.--The commission shall consist of five |
| 69 | members, all of whom shall be residents of the state. Three |
| 70 | members shall represent recreational scuba diving in Florida, |
| 71 | one of whom shall be appointed by the Speaker of the House of |
| 72 | Representatives, one of whom shall be appointed by the President |
| 73 | of the Senate, and one of whom shall be appointed by the |
| 74 | Governor. Two members shall represent recreational fishing |
| 75 | interests and the tourism industry in Florida, one of whom shall |
| 76 | be appointed by the Speaker of the House of Representatives, and |
| 77 | one of whom shall be appointed by the President of the Senate. |
| 78 | Members shall be appointed in such a manner as to equitably |
| 79 | represent different geographic areas of the state. The initial |
| 80 | appointments to the commission shall be made no later than |
| 81 | September 1, 2004. |
| 82 | (5) ORGANIZATION.-- |
| 83 | (a) The Governor shall designate one member of the |
| 84 | commission as its chair. Vacancies in membership of the |
| 85 | commission shall be filled in the same manner as the original |
| 86 | appointments. |
| 87 | (b) The commission shall meet at least quarterly. A |
| 88 | majority of the members shall constitute a quorum for the |
| 89 | purpose of conducting business. |
| 90 | (c) The commission shall establish procedures for its |
| 91 | operations, including notice procedures for commission meetings |
| 92 | and procedures with respect to the application process under |
| 93 | subsection (7). |
| 94 | (d) Members of the commission shall serve without |
| 95 | compensation but shall be entitled to per diem and travel |
| 96 | expenses pursuant to s. 112.061, Florida Statutes, while in the |
| 97 | performance of their duties. |
| 98 | (e) Each member of the commission shall file full and |
| 99 | public disclosure of financial interests at the times and places |
| 100 | and in the same manner required of elected constitutional |
| 101 | officers under s. 8, Art. II of the State Constitution and any |
| 102 | law implementing that provision. |
| 103 | (f) Records and meetings of the commission shall be |
| 104 | subject to the requirements of the public records law and public |
| 105 | meetings law in chapters 119 and 286, Florida Statutes, |
| 106 | respectively. |
| 107 | (6) ADMINISTRATIVE SUPPORT.--The Office of Tourism, Trade, |
| 108 | and Economic Development shall provide administrative support to |
| 109 | the commission for all of its activities. The activities of the |
| 110 | commission shall be funded through private donations. |
| 111 | (7) DUTIES.--The commission shall review applications from |
| 112 | Florida counties and municipalities for placement of MARAD and |
| 113 | U.S. Navy decommissioned vessels in Florida waters as artificial |
| 114 | reefs. The commission shall receive donation transfer |
| 115 | applications for such vessels and, using federal evaluation |
| 116 | criteria, shall recommend to the Governor sites within the state |
| 117 | for placement of such vessels. The commission shall develop a |
| 118 | master site plan for the purposes of maximizing the number and |
| 119 | type of vessels for placement in Florida waters. Criteria shall |
| 120 | include placement of vessels in a geographically dispersed |
| 121 | manner. |
| 122 | (8) INTERAGENCY COMMENTS.--The commission shall request |
| 123 | and receive interagency comments from local artificial reef |
| 124 | permitting agencies, the Florida Department of Environmental |
| 125 | Protection, and the Florida Fish and Wildlife Conservation |
| 126 | Commission, allowing a review period consistent with MARAD and |
| 127 | U.S. Navy application deadlines. Interagency comments on |
| 128 | submitted applications must be limited to that agency's area of |
| 129 | responsibility. |
| 130 | (9) TERM.--The commission shall expire on December 31, |
| 131 | 2006, unless reenacted by the Legislature. Prior to termination, |
| 132 | all documents and all remaining assets of the commission shall |
| 133 | be transferred to the Office of Tourism, Trade, and Economic |
| 134 | Development. |
| 135 | Section 2. This act shall take effect upon becoming a law. |