1

A bill to be entitled

2

An act relating to the placement of vessels in state or

3

federal waters seaward of the state to form artificial

4

reefs; amending s. 370.25, F.S., relating to the state's

5

artificial reef program; providing legislative findings;

6

authorizing the planning and development of a statewide

7

matching grant program to secure and place United States

8

Maritime Administration and United States Navy

9

decommissioned vessels in specified waters as artificial

10

reefs; providing for administration of the program by the

11

Florida Fish and Wildlife Conservation Commission;

12

providing for implementation of the program subject to

13

appropriations; providing objectives of the program;

14

creating s. 370.255, F.S.; providing for the establishment

15

of the Florida Ships-2-Reefs Program, a matching grant

16

program, by the Florida Fish and Wildlife Conservation

17

Commission; providing the purposes of the program;

18

specifying the percentage of the state matching grant;

19

providing procedures and requirements with respect to the

20

program; authorizing the Florida Fish and Wildlife

21

Conservation Commission to adopt rules; providing for

22

reports; authorizing provision of funds under the program

23

contingent upon an appropriation; providing for a report;

24

providing an effective date.

25

26

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

27

unneeded ships as targets for military exercises known as sinking

28

exercises, and

29

     WHEREAS, now the Navy has devised an alternative means of

30

disposing of obsolete Navy vessels that allows the vessels to

31

serve in a productive capacity for hundreds of years past their

32

intended use, and

33

     WHEREAS, the National Defense Authorization Act for Fiscal

34

Year 2004 allows appropriate decommissioned ships to be donated

35

for use as artificial reefing, and

36

     WHEREAS, the process of using obsolete vessels as man-made

37

artificial reefs not only promotes marine life and fishing but

38

relieves pressures on natural coral reefs, and

39

     WHEREAS, the measure allows the Navy to accomplish the

40

overall process for the cost-effective donation and transfer of

41

available naval vessels, and

42

     WHEREAS, the United States Maritime Administration (MARAD)

43

will coordinate the federal agency solicitation and application

44

for obtaining the vessels for use as artificial reefs, and

45

     WHEREAS, the donation and transfer application for all

46

United States Navy and MARAD ships available for use as

47

artificial reefs may be submitted only by states, commonwealths,

48

and territories and possessions of the United States, or

49

municipal corporations or political subdivisions thereof, and

50

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

51

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

52

provided a substantial economic benefit to the state and to

53

communities and businesses in the proximity of the placements,

54

and

55

     WHEREAS, Florida already has the Florida Maritime Heritage

56

Trail, a collection of locations that are open to the public in

57

Florida and which currently include six themes, those themes

58

being Coastal Communities, Coastal Environments, Coastal Forts,

59

Lighthouses, Historic Ports, and Historic Shipwrecks, and

60

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

61

Maritime Heritage Trail, a United States military vessel theme,

62

and

63

     WHEREAS, the program provides a practical option for

64

disposing of inactive decommissioned naval vessels in a cost-

65

effective and environmentally sound manner that can continue to

66

promote ecotourism associated with recreational diving and

67

fishing in Florida, NOW, THEREFORE,

68

69

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

70

71

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

72

Florida Statutes, to read:

73

     370.25  Artificial reef program; grants and financial and

74

technical assistance to local governments.--

75

     (8) The Legislature finds that a statewide matching grant

76

program to secure and place United States Maritime Administration

77

(MARAD) and United States Navy decommissioned vessels in state or

78

federal waters seaward of the state as artificial reefs would be

79

of great benefit to Floridians in promoting ecotourism associated

80

with recreational diving and fishing in Florida. Therefore, the

81

Legislature authorizes the planning and development of a

82

statewide matching grant program as described in this subsection

83

to be administered by the commission. The program will be

84

implemented subject to appropriations. The objectives in

85

establishing the program are to:

86

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

87

in state or federal waters seaward of the state and increase the

88

opportunities for recreational diving and fishing.

89

     (b) Provide a mechanism through which counties and

90

municipalities that are permitted to place vessels in state or

91

federal waters seaward of the state as artificial reefs can apply

92

for and receive state matching grants for the placement of

93

decommissioned MARAD and United States Navy vessels. Funds may be

94

used for cleaning, preparing, towing, and sinking of such

95

decommissioned vessels.

96

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

97

funds, federal funds, and funds from local businesses.

98

     (d) Establish criteria to determine eligibility for such

99

state matching funds.

100

     (e) Assist counties and municipalities with the donation

101

and transfer application for United States Navy and MARAD

102

decommissioned vessels available for use as artificial reefs in

103

accordance with MARAD application evaluation criteria.

104

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

105

the number and type of vessels to be placed in state or federal

106

waters seaward of the state that provides for the location of

107

vessels in the most geographically effective and beneficial

108

manner.

109

     (g) Establish and promote standards for the placement of

110

MARAD and United States Navy decommissioned vessels in state or

111

federal waters seaward of the state, consistent with current

112

environmental standards and the mandate of Section 3516 of the

113

National Defense Authorization Act for Fiscal Year 2004 and the

114

2006 publication, "National Guidance: Best Management Practices

115

for Preparing Vessels Intended to Create Artificial Reefs,"

116

published jointly by the United States Environmental Protection

117

Agency and the United States Maritime Administration, which

118

emphasized minimization of the release of harmful substances into

119

the environment while decommissioned vessels are at anchorage and

120

are undergoing disposal processes.

121

     (h) Provide for and receive interagency comments from the

122

agencies responsible for the permitting of artificial reefs and

123

the Florida Department of Environmental Protection, allowing for

124

a review period consistent with MARAD and United States Navy

125

application deadlines.

126

     (i) Establish a United States military vessel component as

127

a seventh theme for Florida's Maritime Heritage Trail to promote

128

Florida's nature-based tourism and heritage tourism.

129

     (j) Provide for title of decommissioned vessels to be

130

transferred to the state.

131

     Section 2.  Section 370.255, Florida Statutes, is created to

132

read:

133

     370.255 Florida Ships-2-Reefs Program; matching grant

134

requirements.--

135

     (1) The commission is authorized to establish the Florida

136

Ships-2-Reefs Program, a matching grant program, for the securing

137

and placement of United States Maritime Administration (MARAD)

138

and United States Navy decommissioned vessels in state or federal

139

waters seaward of the state to serve as artificial reefs and,

140

pursuant thereto, to make expenditures and enter into contracts

141

with local governments and nonprofit corporations for the purpose

142

of securing and placing MARAD and United States Navy

143

decommissioned vessels as artificial reefs in state or federal

144

waters seaward of the state pursuant to s. 370.25(8) and

145

performing the environmental preparation and cleaning requisite

146

to the placement of a vessel as an artificial reef, which

147

preparation and cleaning must meet the standards established in

148

the 2006 publication, "National Guidance: Best Management

149

Practices for Preparing Vessels Intended to Create Artificial

150

Reefs," published jointly by the United States Environmental

151

Protection Agency and the United States Maritime Administration.

152

The commission shall have final approval of grants awarded

153

through the program.

154

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

155

by nonstate funds. The limit for a state matching grant shall be

156

33 percent of the total cost for securing and placing the

157

decommissioned vessel and performing the requisite environmental

158

preparation and cleaning which meets the standards cited in

159

subsection (1) prior to placement of the vessel.

160

     (3) The commission may:

161

     (a) Receive submissions of requests for matching funds and

162

documentation relating to those requests;

163

     (b) Approve requests for matching funds; and

164

     (c) Allocate matching funds to local governments or

165

nonprofit corporations.

166

     (4) To demonstrate that a local government or nonprofit

167

corporation meets the required criteria, the local government or

168

nonprofit corporation must submit formal agreements, written

169

pledges, memorandums of understanding, financing arrangements, or

170

other documents demonstrating that nonstate matching funds are

171

available for securing and placing the vessel prior to submission

172

of an application. Matching grant funds shall be released only

173

upon documentation that meets all the criteria established in

174

rules adopted by the commission pursuant to subsection (5).

175

     (5) The commission is authorized to adopt rules pursuant to

176

ss. 120.536(1) and 120.54 to address procedures necessary to

177

administer the matching grants provided in this section.

178

     (6) No later than January 1, 2009, and each January 1

179

thereafter, the commission shall submit a report to the Governor,

180

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

181

Representatives detailing the expenditure of the funds

182

appropriated to it for the purposes of carrying out the

183

provisions of this section.

184

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