Internet & Web

Fish and Wildlife Conservation Commission 2013 Session Report Week 4 Legislative Affairs Office March 30, PDF

Categories
Published
of 20
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Description
Fish and Wildlife Conservation Commission 2013 Session Report Week 4 Legislative Affairs Office March 30, 2013 The Legislature has just concluded its fourth week of the 2013 Session next Wednesday will
Transcript
Fish and Wildlife Conservation Commission 2013 Session Report Week 4 Legislative Affairs Office March 30, 2013 The Legislature has just concluded its fourth week of the 2013 Session next Wednesday will be the halfway point. FWC s bill in the House, CS/CS/CS/HB 333 by Rep. Steube, was heard in its last committee this week and passed unanimously. An amendment was added that repeals the automatic increase of recreational hunting and fishing license fees and vessel registration fees based on the Consumer Price Index, scheduled to occur July 1, 2013, and every five years thereafter. Although the Commission recommended that the automatic increases be pushed back to 2015, the House position is to repeal it altogether. CS/CS/CS 333 goes next to the Calendar, making it available to be considered by the entire House. The Senate companion, CS/CS/SB 448 by Sen. Dean, has one more committee of reference Appropriations in which it must pass before becoming available to be considered by the full Senate. Next week s Appropriations Committee meeting will consider Senate budget issues, so CS/CS/SB 448 is not scheduled. Both the Senate and the House Appropriations committees released their recommended budgets this week, including the budget recommendations for FWC. Please see Charlotte Jerrett s accompanying budget report for details. Also of significance this past week, some of the subcommittees in the House held their last committee meeting. One can start to see at this point which bills may have a chance of becoming law. If a bill has not been heard in the subcommittee to which it was first referred, and the subcommittee will no longer meet, the bill s chances of passing are greatly reduced. In the following update of some of the bills that FWC is monitoring, those bills having activity this past week will have Update on the title line, and the title line will be highlighted in green. Fish and Wildlife Conservation Commission Legislation SB 212 by Sen. Hays; HB 7053 by the Agriculture & Natural Resources Appropriations Subcommittee Fish and Wildlife Conservation Commission Trust Funds Note: every 4 years, state agency trust funds are reviewed by the Legislature. FWC s trust funds were scheduled for the 2013 Session; it was determined that modifications were needed for several of FWC s trust funds. These bills: delete the requirements that interest income in the Lifetime Fish and Wildlife Trust Fund, derived from the sale of lifetime licenses, may not be used until the licensee is 16 years old, that the Commission must determine actuarially on an annual basis the amounts of interest 1 income in this trust fund that can be disbursed, and that deposits of proceeds from the sale of lifetime licenses must be identifiable by the age of the license recipients; rename the Fish and Wildlife Habitat Program as the Land Acquisition Trust Fund; provide statutory authorization for the administration and funding of the Save the Manatee Trust Fund; and provide statutory authorization for the administration and funding of the Invasive Plant Control Trust Fund. SB 212 was read the 1 st time and referred to the Appropriations Committee; it passed Appropriations, had its 2 nd Reading, and passed the full Senate, March 19; it was immediately certified to the House in Messages, placed on the House Calendar, and scheduled for its 2 nd Reading, March 21; during its 2 nd Reading, it was substituted for HB 7053, and passed its 3 rd Reading in the full House, March 22; it goes next to the Governor. HB 7053 had its 1 st Reading, and was referred directly to the House Calendar; it was scheduled for its 2 nd Reading, March 21, was substituted by SB 212, and was laid on the table, March 21; refer to SB 212. Update CS/CS/CS/HB 333 by Rep. Steube; CS/CS/SB 448 by Sen. Dean Fish and Wildlife Conservation Commission These bills (FWC s legislative package): provide an exemption from the requirement to purchase a recreational hunting or fishing license for disabled veterans and military personnel (as well as their immediate family and one assistant for each disabled veteran) participating in a Commission-permitted event where the primary purpose of the event is for the participating military personnel or disabled veterans rehabilitation or enjoyment, and directs the Commission to adopt rules to implement the exemption; waives the up-front income requirement to acquire a restricted species endorsement for 1 license year for post-9/11veterans and disabled veterans from all eras, and permanently reduces the income requirement (to $2500) for disabled veterans; gives the Commission authority to offer 4 license-free saltwater fishing days and 4 licensefree freshwater fishing days to the public each year; eliminates the 6 month waiting period to acquire a resident recreational hunting or fishing license for individuals who provide a Florida driver license or identification card issued by the Department of Highway Safety and Motor Vehicles, and allows for other forms of identification for individuals who do not possess a Florida driver license or identification card; eliminates the requirement to continuously live 6 months in the same county in Florida in order to obtain a resident commercial fishing license (but retains the requirement that such individuals must live continuously in the State for 1 year); and removes antiquated references to Federal inland navigation rules, replacing them with the proper references. CS/CS/CS/HB 333 also repeals language providing for automatic fee increases on vessel registration fees and recreational hunting and fishing license fees scheduled to occur July 1, 2013 (and every 5 years thereafter). CS/CS/SB 448 defers these automatic fee increases until 2015 (and every 5 years thereafter); specifies the calculation methodology for these future fee increases based on the change in the Consumer Price Index over the previous 5 years; provides for the future new fee amounts to be automatically updated in their respective statutory sections; and clarifies that the future vessel registration fee increase does not affect the county portion of the fee. HB 333 was read the 1 st time and referred to the subcommittees on Agriculture & Natural Resources, Veteran & Military Affairs, and Agriculture & Natural Resources Appropriations, and to the State Affairs Committee; it passed Agriculture & Natural Resources as CS, passed Veteran & Military Affairs as CS/CS, passed Agriculture & Natural Resources Appropriations, and passed State Affairs as CS/CS/CS, March 28; it 2 goes next to the full House. SB 448 was read the 1 st time and referred to the Committee on Environmental Preservation & Conservation, the Appropriations Subcommittee on General Government Appropriations, and the Committee on Appropriations; it passed Environmental Preservation & Conservation as CS, passed General Government Appropriations as CS/CS, March 19, and is now in Appropriations. Update - HB 1059 by Rep. Broxson; HB 5503 by Agriculture & Natural Resources Appropriations Fish and Wildlife Conservation Commission HB 1059 defers until 2015 a fee increase scheduled to effect vessel registration fees and recreational hunting and fishing license fees; clarifies the calculation methodology for the fee increases based on the change in the Consumer Price Index over the previous 5 years, provides for the new fee amounts to be automatically updated in their respective sections of substantive law, and clarifies that the vessel registration fee increase does not affect the county portion of the fee. HB 5503 deletes these automatic fee increases from statute entirely. HB 1059 was read the 1 st time and referred to the subcommittees on Agriculture & Natural Resources, and Agriculture & Natural Resources Appropriations, and the State Affairs Committee. HB 5503 was read the 1 st time and referred to the Appropriations Committee. Other Bills of Interest to FWC Update - CS/HB 23 by Rep. Rodrigues; CS/CS/SB 50 by Sen. Negron Public Meetings These bills provide a right for members of the public to be heard when a board or commission will be taking action, with certain exceptions including emergency situations affecting public health, welfare, or safety, or ministerial acts. The opportunity to be heard does not need to be at the same meeting when the board or commission will take action on the item, so long as the opportunity occurs during the decision-making process and within reasonable proximity before the board/commission takes action. The bills require the meeting at which the public is heard also to meet the same notice requirements as the meeting at which the board or commission will take action on the issue. The bills apply to any board or commission of any state agency or authority, or to any agency or authority of any county, municipal corporation, or political subdivision. Acceptable public comment parameters are limited to requiring a representative of a group to address the body instead of each member when a large number of individuals wish to be heard, limits on time to speak, and prescribing procedures or forms for individuals to inform the board or commission they wish to be heard, as well as their support or opposition and who they designate to represent them on a proposition. The bills clarify that if a board or commission adopts rules or policies in compliance with these requirements and follows those rules or policies, then it is presumed that the board or commission is acting in compliance with the requirements. The bills provide that courts shall assess attorneys fees against any agency or authority who is sued under these provisions, if it determines the agency or authority acted in violation of these provisions, and may assess attorneys fees against the person filing the lawsuit if it finds the lawsuit was filed frivolously; when a board or commission appeals a court order that has found them to be in violation of these requirements, and the order is 3 affirmed, the court shall assess reasonable attorneys fees for the appeal against the board or commission. The courts are also given authority to issue injunctions to enforce these provisions, when requested from any citizen of the State. The bills also provide that any act taken by a board or commission in violation of these provisions is not void as a result of the violation. HB 23 was read the 1 st time and referred to the subcommittees on Government Operations, and Rulemaking Oversight & Repeal, and to the State Affairs Committee; it passed Government Operations as CS, and passed Rulemaking Oversight & Repeal, March 27, and is now in State Affairs. SB 50 was read the 1 st time and referred to the committees on Governmental Oversight & Accountability, Appropriations, and Rules; it passed Governmental Oversight & Accountability as CS, passed Appropriations, passed Rules as CS/CS, had its 2 nd Reading, and passed its 3 rd Reading in the full Senate, and was received in the House in Messages, March 27. Update CS/HB 33 by Rep. Smith; SB 466 by Sen. Altman State Lands These bills authorize individuals and corporations to submit requests to the Board of Trustees of the Internal Improvement Trust Fund (Governor and Cabinet; Trustees) to exchange state-owned land for conservation easements over privately held land. HB 33 clarifies that these new provisions do not apply to any sovereign submerged lands; provides that the conservation easements created by these exchanges are permanent; provides that these exchanges may include State-owned lands in an amount equivalent to the monetary value of the private land, not to exceed 1280 acres of State-owned land; requires that the Board must consider these requests within 180 days; clarifies that the Board may approve the exchange requests only if the privately-held land is surrounded by State-owned land on at least 30% of its perimeter and would not create an inholding, if the Board makes an affirmative finding that the property is no longer needed for conservation purposes under the Constitution, if the exchange does not result in a State entity violating the terms of a preexisting lease, if the exchange will not result in a net loss of conservation value, and if the exchange is approved by 2/3 of the Board; authorizes low-impact operations such as grazing, forest management, prescribed burning, and wildlife management practices on such lands; provides that special consideration shall be given to requests that maintain public access for recreational purposes allowed on the State lands at the time of the request; provide that if any land uses or activities occur on the state-owned land being transferred that are not authorized under the permanent conservation easement, then the land rights of the state and the individual or private or public corporation shall revert back to the condition prior to the initial exchange, unless the private individual or public or private corporation ends the unauthorized use or activity and corrects any adverse impacts to the property resulting from such use or activity within 60 days; and provides that lands subject to these exchanges are subject to inspection to ensure compliance with the terms of the easements. SB 466 provides that if the privately-held land is surrounded by Stateowned land on at least 30%of its perimeter and the exchange would not create an inholding, the Trustees must consider the request within 60 days; requires that special consideration be given to requests that allow the State to retain a conservation easement in perpetuity; and encourages low-impact operations such as grazing, forest management, prescribed burning, and wildlife management practices on such lands. HB 33 was read the 1 st time and referred to the subcommittees on Agriculture & Natural Resources, and Agriculture & Natural Resources Appropriations, and to the State 4 Affairs Committee; it passed Agriculture & Natural Resources as CS, March 27. SB 466 was read the 1 st time and referred to the Committee on Environmental Preservation & Conservation, the Appropriations Subcommittee on General Government, and the Committee on Appropriations. Update SB 64 by Sen. Sachs; HB 245 by Rep. Clarke-Reed Commercial Parasailing These identical bills require liability insurance for commercial parasailing operations. They also create safety standards for commercial parasailing operations and equipment including but not limited to requiring a Coast Guard license, approved personal floatation devices, weather and hours of operation, specified strengths and lengths of towlines, launching restrictions, safety briefings, dedicated monitoring of riders, limitations of the number of riders, and minimum distances from coastal shorelines, objects in the water, and marked channels of the Intercoastal Waterway. Violations result in a 2 nd degree misdemeanor. SB 64 was read the 1 st time and referred to the committees on Regulated Industries, Commerce & Tourism, Transportation, and Environmental Preservation & Conservation; it is scheduled in Regulated Industries, April 2. HB 245 was read the 1 st time and referred to the subcommittees on Business & Professional Regulation, and Agriculture & Natural Resources Appropriations, and the Regulatory Affairs Committee. HB 97 by Rep. Powell; SB 374 by Senator Braynon Concealed Weapons and Firearms These identical bills: create an exception to the preemption of the regulation of firearms to the Legislature to allow a state agency or a local government to prohibit the possession of concealed firearms and ammunition at publicly sanctioned or sponsored recreation, concert, or sporting events conducted in public buildings or at governmentsponsored outdoor public venues. HB 97 was read the 1 st time and referred to the subcommittees on Criminal Justice, and Government Operations, and to the Judiciary Committee. SB 374 was read the 1 st time and referred to the committees on Criminal Justice, Community Affairs, Governmental Oversight & Accountability, and Rules. HB 161 by Rep. Jones; SB 1038 by Sen. Ring Volunteers for Organized Youth Sports and Recreation Programs These bills require private, nongovernmental entities that operate, organize, or coordinate youth recreational programs using publicly owned facilities to conduct specified background screening of all volunteers; provide that the duty may not be delegated to an individual team or program; disqualify any person from acting as a volunteer if he/she is found to be included on state/federal registries of sexual predators and sexual offenders; require that background screening results must be maintained for 5 years; require entities to provide copies of such documentation to governmental entities with jurisdiction over a publicly owned facility used by the entity; and require these governmental entities to retain the documentation for 5 years. HB 161 was read the 1 st time and referred to the subcommittees on Criminal Justice, and Justice Appropriations, and to the Judiciary Committee. SB 1038 was read the 1 st time and referred to the committees on Community Affairs, Criminal Justice, and Rules. 5 HB 227 by Rep. Peters; SB 830 by Sen. Latvala Vessels These bills create Deviny s Law, requiring that a person younger than 18 years of age may not operate a vessel on any waters of the State towing a person in, on, or above the water, unless there is a person in the vessel who is at least 18 years of age and in a position to observe the progress of the vessel and the person being towed. HB 227 also requires that a person may not operate a vessel that is towing a person in, on, or above the water within 50 yards of any stationary structure, including moored vessels, bridges, wharfs, piers, docks, buoys, platforms, pilings, and channel markers, but excluding slalom buoys, ski jumps, or other similar objects used normally in competitive or recreational skiing. HB 227 was read the 1 st time and referred to the subcommittees on Agriculture & Natural Resources, and Agriculture & Natural Resources Appropriations, and to the State Affairs Committee. SB 830 was read the 1 st time and referred to the committees on Transportation, Commerce & Tourism, and Judiciary. Update CS/CS/HB 269 by Rep. Beshears; SB 1080 by Sen. Evers Public Construction Projects These bills require that all state agencies, county officials, boards of county commissioners, school boards, city councils, city commissions, and all other public officers of state boards or commissions must specify in contracts for the construction of public bridges, buildings, and other structures, the use of Florida lumber, timber, and other forest products produced and manufactured in Florida, if such products are available, and their price, fitness, and quality are equal. The bills also clarify that this requirement does not apply to plywood specified for monolithic concrete forms, if the structural or service requirements for timber for a particular job cannot be supplied by native species, or if the construction is financed in whole or in part by federal funds with a requirement that there be no restrictions as to species or place of manufacture. HB 269 was read the 1 st time and referred to the subcommittees on Energy & Utilities, and Government Operations Appropriations, and to the Regulatory Affairs Committee; it passed Energy & Utilities as CS, passed Government Operations Appropriations, and passed Regulatory Affairs as CS/CS; it is scheduled for its 2 nd Reading by the full House, April 2. SB 1080 was read the 1 st time and referred to the committees on Governmental Oversight & Accountability, and Community Affairs, to the Appropriations Subcommittee on General Government, and the Appropriations Committee. Update - CS/HB 307 by Rep. Tobia; SB 684 by Sen. Hays Preference in Award of State Contracts These bills: expand the provisions that require agencies, universities, colleges, school districts, or other political subdivisions to provide preferential consideration t
Search
Related Search
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks