Senate Bill sb1856c1

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    Florida Senate - 2007                           CS for SB 1856

    By the Committee on Environmental Preservation and
    Conservation; and Senator Bennett




    592-2168-07

  1                      A bill to be entitled

  2         An act relating to the placement of vessels in

  3         state waters to form artificial reefs; amending

  4         s. 370.25, F.S., relating to the state's

  5         artificial reef program; providing legislative

  6         findings; authorizing the planning and

  7         development of a statewide matching grant

  8         program to secure and place United States

  9         Maritime Administration and United States Navy

10         decommissioned vessels in waters seaward of

11         this state as artificial reefs; authorizing the

12         planning and development of a pilot program for

13         the preparation and deployment of a specified

14         decommissioned vessel in Key West to serve as a

15         model for the development of procedures for the

16         placement of such vessels in waters seaward of

17         this state; providing for administration of the

18         programs by the Fish and Wildlife Conservation

19         Commission; providing for implementation of the

20         programs subject to appropriations; providing

21         objectives of the programs; creating s.

22         370.255, F.S.; providing for the establishment

23         of the Florida Ships-2-Reefs Program and

24         matching grant program by the Fish and Wildlife

25         Conservation Commission; providing purposes of

26         the program; specifying the percentage of the

27         state matching grant; providing procedures and

28         requirements with respect to the programs;

29         authorizing the Fish and Wildlife Conservation

30         Commission to adopt rules; providing for the

31         establishment of a pilot program to fund the

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1         preparation and deployment of a specified

 2         vessel in waters off Key West; providing for

 3         reports; authorizing provision of funds under

 4         the program contingent upon an appropriation;

 5         providing requirements with respect to funds

 6         provided under the pilot program; providing

 7         procedures and requirements with respect to the

 8         pilot program; providing for a report;

 9         providing an effective date.

10  

11         WHEREAS, in the past, the United States Navy has used

12  unneeded ships as targets for military exercises known as

13  sinking exercises, and

14         WHEREAS, now the Navy has devised an alternative means

15  of disposing of obsolete Navy vessels that allows the vessels

16  to serve in a productive capacity for hundreds of years past

17  their intended use, and

18         WHEREAS, the National Defense Authorization Act for

19  Fiscal Year 2004 allows appropriate decommissioned ships to be

20  donated for use as artificial reefing, and

21         WHEREAS, the process of using obsolete vessels as

22  man-made artificial reefs not only promotes marine life and

23  fishing but relieves pressures on natural coral reefs, and

24         WHEREAS, the measure allows the Navy to accomplish the

25  overall process for the cost-effective donation and transfer

26  of available naval vessels, and

27         WHEREAS, the United States Maritime Administration

28  (MARAD) will coordinate the federal agency solicitation and

29  application for obtaining the vessels for use as artificial

30  reefs, and

31  

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1         WHEREAS, the donation and transfer application for all

 2  United States Navy and MARAD ships available for use as

 3  artificial reefs may be submitted only by states,

 4  commonwealths, and territories and possessions of the United

 5  States, or municipal corporations or political subdivisions

 6  thereof, and

 7         WHEREAS, the placement in Florida waters of the U.S.S.

 8  Spiegel Grove in 2002 and the U.S.S. Oriskany in 2006 has

 9  already provided a substantial economic benefit to the state

10  and to communities and businesses in the proximity of the

11  placements, and

12         WHEREAS, the U.S.A.F.S. General Hoyt S. Vandenberg, a

13  520-foot military vessel, is being sought as the next

14  decommissioned vessel to be deployed as an artificial reef at

15  a currently permitted site off the coast of Key West,

16  contingent upon funds being made fully available for the

17  preparation and sinking of the vessel, and

18         WHEREAS, Florida already has the Florida Maritime

19  Heritage Trail, a collection of locations that are open to the

20  public in Florida and which currently includes six themes,

21  those themes being Coastal Communities, Coastal Environments,

22  Coastal Forts, Lighthouses, Historic Ports, and Historic

23  Shipwrecks, and

24         WHEREAS, this act would add a new, seventh theme to the

25  Maritime Heritage Trail, a United States military vessel

26  theme, and

27         WHEREAS, the program provides a practical option for

28  disposing of inactive decommissioned vessels in a

29  cost-effective and environmentally sound manner that can

30  continue to promote ecotourism associated with recreational

31  diving and fishing in Florida, NOW, THEREFORE,

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




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

 2  

 3         Section 1.  Subsection (8) is added to section 370.25,

 4  Florida Statutes, to read:

 5         370.25  Artificial reef program; grants and financial

 6  and technical assistance to local governments.--

 7         (8)  The Legislature finds that a statewide matching

 8  grant program to secure and place United States Maritime

 9  Administration (MARAD) and United States Navy decommissioned

10  vessels in state or federal waters seaward of this state as

11  artificial reefs would be of great benefit to Floridians in

12  promoting ecotourism associated with recreational diving and

13  fishing in Florida. The Legislature further finds that a pilot

14  program for the preparation and deployment of the U.S.A.F.S.

15  General Hoyt S. Vandenberg in Key West would assist in the

16  appropriate development of procedures for the placement of

17  decommissioned vessels in state or federal waters seaward of

18  this state. Therefore, the Legislature authorizes the planning

19  and development of a statewide matching grant program and a

20  pilot program as described in this subsection to be

21  administered by the commission. The programs will be

22  implemented subject to appropriations. The objectives in

23  establishing the programs are to:

24         (a)  Assist in reducing the pressures on natural coral

25  reefs in state or federal waters seaward of this state and

26  increase the opportunities for recreational diving and

27  fishing.

28         (b)  Provide a mechanism through which counties and

29  municipalities that are permitted to place vessels in state or

30  federal waters seaward of this state as artificial reefs can

31  apply for and receive state matching grants for the placement

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1  of decommissioned MARAD and United States Navy vessels. Funds

 2  may be used for cleaning, preparing, towing, and sinking of

 3  such decommissioned vessels.

 4         (c)  Provide state funds that would be matched with

 5  local funds, federal funds, and funds from local businesses.

 6         (d)  Establish criteria to determine eligibility for

 7  such state matching funds.

 8         (e)  Assist counties and municipalities with the

 9  donation and transfer application for United States Navy and

10  MARAD decommissioned vessels available for use as artificial

11  reefs in accordance with MARAD application evaluation

12  criteria.

13         (f)  Develop a master plan for the purposes of

14  maximizing the number and type of vessels to be placed in

15  state of federal waters seaward of this state which provides

16  for the location of vessels in the most geographically

17  effective and beneficial manner.

18         (g)  Establish and promote standards for the placement

19  of MARAD and United States Navy decommissioned vessels in

20  state or federal waters seaward of this state, consistent with

21  current environmental standards and the mandate of Section

22  3516 of the National Defense Authorization Act for Fiscal Year

23  2004 and the 2006 publication "National Guidance: Best

24  Management Practices for Preparing Vessels Intended to Create

25  Artificial Reefs," published jointly by the United States

26  Environmental Protection Agency and the United States Maritime

27  Administration, which emphasize minimization of the release of

28  harmful substances into the environment while decommissioned

29  vessels are at anchorage and are undergoing disposal

30  processes.

31  

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1         (h)  Provide for and receive interagency comments from

 2  the agencies responsible for the permitting of artificial

 3  reefs and the Department of Environmental Protection, allowing

 4  for a review period consistent with MARAD and United States

 5  Navy application deadlines.

 6         (i)  Establish a United States military vessel

 7  component as a seventh theme for Florida's Maritime Heritage

 8  Trail, to promote Florida's nature-based tourism and heritage

 9  tourism.

10         (j)  Provide for title of decommissioned vessels to be

11  transferred to the state.

12         Section 2.  Section 370.255, Florida Statutes, is

13  created to read:

14         370.255  Florida Ships-2-Reefs Program; matching grant

15  program.--

16         (1)  The commission is authorized to establish the

17  Florida Ships-2-Reefs Program, a matching grant program for

18  the securing and placement of United States Maritime

19  Administration (MARAD) and United States Navy decommissioned

20  vessels in state or federal waters seaward of this state to

21  serve as artificial reefs and, pursuant thereto, to make

22  expenditures and enter into contracts with local governments

23  and nonprofit corporations for the purpose of securing,

24  environmental preparation, and cleaning to meet standards in

25  the 2006 publication "National Guidance: Best Management

26  Practices for Preparing Vessels to Create Artificial Reefs,"

27  published jointly by the United States Environmental

28  Protection Agency and the United States Maritime

29  Administration, and placing MARAD and United States Navy

30  decommissioned vessels as artificial reefs in state or federal

31  waters seaward of this state pursuant to s. 370.25(8). The

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1  commission shall have final approval of grants awarded through

 2  this program.

 3         (2)  Each grant awarded under the program shall be

 4  matched by nonstate dollars. The limit for a state matching

 5  grant shall be 33 percent of total cost of securing,

 6  environmental preparation, and cleaning to meet the standards

 7  in the 2006 publication cited in subsection (1), and placing

 8  the decommissioned vessel.

 9         (3)  The commission may:

10         (a)  Receive submissions of requests for matching funds

11  and documentation relating to those requests;

12         (b)  Approve requests for matching funds; and

13         (c)  Allocate matching funds to local governments or

14  nonprofit corporations.

15         (4)  To demonstrate that a local government or

16  nonprofit corporation meets the required criteria, the local

17  government or nonprofit corporation must submit formal

18  agreements, written pledges, memorandums of understanding,

19  financing arrangements, or other documents demonstrating that

20  nonstate matching funds are available for securing and placing

21  the vessel prior to submission of an application. Matching

22  grant funds shall be released only upon documentation that the

23  applicant meets all the criteria established by the commission

24  pursuant to subsection (5).

25         (5)  The commission is authorized to adopt rules

26  pursuant to ss. 120.536(1) and 120.54 to address procedures

27  necessary to administer the matching grants provided in this

28  section.

29         (6)  In accordance with the findings in s. 370.25(8),

30  the commission shall establish a pilot program to fund the

31  preparation and deployment of the U.S.A.F.S. General Hoyt S.

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1  Vandenberg in the waters off Key West and shall, by January 1,

 2  2008, and each year thereafter, provide to the Governor, the

 3  President of the Senate, and the Speaker of the House of

 4  Representatives an annual report on the success and outcomes

 5  achieved by the pilot program, with a recommendation as to

 6  whether the pilot program should be continued, terminated, or

 7  expanded. The commission shall also report on the procedures

 8  developed and used for the proper preparation and deployment

 9  of the U.S.A.F.S. General Hoyt S. Vandenberg consistent with

10  the objectives stated in s. 370.25(8).

11         (7)  Contingent upon a specific appropriation to the

12  commission for the pilot program, the commission may provide

13  funds to pay for a portion of the cost of the preparation and

14  deployment of the U.S.A.F.S. General Hoyt S. Vandenberg in the

15  waters off Key West. The commission shall develop procedures

16  for conducting the pilot program, including, but not limited

17  to, procedures for determining eligibility, providing payment,

18  ensuring that payment is limited solely to the costs of

19  preparing and deploying the vessel, and ensuring that payments

20  are made to eligible persons or local governments in the order

21  in which each is determined eligible until the funds are

22  exhausted. The commission shall examine and use, to the extent

23  possible, other available options for funding the cost of the

24  preparation and deployment of the U.S.A.F.S. General Hoyt S.

25  Vandenberg, including the use of funds raised by private

26  agencies or persons.

27         (8)  No later than January 1, 2008, and each January 1

28  thereafter, the commission shall submit a report to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives detailing the expenditure of the

31  

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    Florida Senate - 2007                           CS for SB 1856
    592-2168-07




 1  funds appropriated to it for the purposes of carrying out the

 2  provisions of this section.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 1856

 8                                 

 9  The committee substitute makes a number of technical
    corrections. The committee substitute deletes a reference to
10  the Florida Commission on Tourism and the Office of Tourism,
    Trade, and Economic Development. The Florida Ships-2-Reefs
11  Program and the matching grant program will be administered by
    the Fish and Wildlife Conservation Commission.
12  
    Each grant awarded under the grant program must be matched by
13  nonstate dollars and the limit of the grant is 33 percent of
    the total cost of securing and environmental preparation and
14  cleaning and the reefing of the vessel.

15  The appropriations have been deleted. Instead, the committee
    substitute provides that contingent upon a specific
16  appropriation to the Fish and Wildlife Conservation
    Commission, the commission may provide funds to pay for a
17  portion of the cost of the preparation and deployment of the
    U.S.A.F.S. General Hoyt S. Vandenberg in the waters off Key
18  West.

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