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Legislative News
Summary of 2008 Legislative Session
The 2008 Legislative Session has come to an end. After months of committee weeks combined with numerous special sessions, Marine Industry Association of Florida has been working overtime in Tallahassee.
As I am sure, many of you have read newspaper articles about this session. The headlines touted the lack of funding for programs, agency cutbacks, and enumerated many political antics. I can not argue this was a tough session, but I must be thankful for the many friends in the Legislature that fought for the marine industry this session and made it a success.
Many times you only hear about bills we pass or see headlines in your local newspaper. Rarely, do you hear about the negative impacts to the industry we mediate out or stop. This session was unlike any other. Of the 2156 general bills filed, only 269 passed both the House and the Senate.
The following is a list of a few of the bills that passed this session and are awaiting approval by the Governor.
Committee Substitute for House Bill 7059 relating to Protection of Wild and Aquatic Life passed both the House and the Senate. This particular piece of legislation is known to many of you as the “seagrass bill”. The bill originally came from FWC recommendations and included a misdemeanor provision for scarring seagrass. MIAF worked with Representative Kendrick and FWC and the bill that passed defines seagrass and seagrass scarring and provides for a uniform boating citation for individuals who scar seagrass in an aquatic preserve. The bill also abolishes the Boating Advisory Council. A special thanks to Representative Kendrick for his work over the last two years on this piece of legislation. The bill becomes law if approved by the Governor October 1, 2008.
Committee Substitute for House Bill 909 relating to Ad Valorem Taxation also passed both chambers. This last minute bill relating to property taxes could potentially impact working waterfronts and property owners around the State of Florida. This bill requires the Department of Revenue to develop uniform policies and procedures and creates a process by which property owners can challenge property appraisers. The bill reforms the process of “highest and best use” by addressing property appraisers assessments of real estate based on current use instead of potential use. If approved by the Governor, the bill will take effect September 1, 2008.
Committee Substitute for Senate Bill 758 relating to Inland Navigation Districts was another bill passed that was of particular interest to many of our members. The bill was sponsored by Senator Mike Bennett and Representative Mitch Needelman, both legislators have worked tirelessly on behalf of marine industries over the years. The legislation provides intent that the inland navigation districts to operate and maintain the Intracoastal Waterway and any other public navigation channels approved by the Board of Trustees. The legislation also provides expansion of the number of entities a navigational district may assist with aid. If the bill is approved by the Governor, the bill will go into effect July 1, 2008.
Committee Substitute for Committee Substitute for Senate Bill 542 relating to Land acquisition Management extends the Florida Forever Program for ten more years. Representative Stan Mayfield, Representative Will Kendrick and Senator Burt Saunders put many hours into this piece of legislation. The bill is monumental for the marine industry because for the first time the legislation expands the scope of the program to include working waterfronts. Working waterfronts will receive 2.5 percent of the program funding each year. The program was funded this year at $300 million which in turn funds the working waterfront portion of the bill at $7.5 million for 2008-2009. The Florida Communities Trust and Department of Agriculture and Consumer Services are directed to promulgate rules for the Stan Mayfield Working Waterfronts Program. The rules will establish criteria giving priority to municipalities with population of less than 30,000, municipalities or certain areas facing excessive growth rates, projects within a community redevelopment agency, projects adjacent to state owned submerged lands designated as an aquatic preserve, and provide an benefit to the local economy. The bill defines “public access” for this program as access to state land and waters, including vessel access made possible by boat ramps, docks and associated support facilities when compatible with conservation and recreations objectives. If approved by the Governor this bill will become law July 1, 2008.
Again, this is a big deal for marine industries as it designates funding for preservation and for the first time in 20 years includes working waterfronts not just land.
Committee Substitute for Committee Substitute for Senate Bill 1286 relating to Fish and Wildlife Conservation Commission is a conforming budget bill that passed this session. As we all know the Florida Legislature had to cut over $5 billion dollars from last years state budget. All programs, agencies and projects were on the list for reductions. Florida Fish and Wildlife Conservation Commission was no exception. Potential cuts to 66 FWCC law enforcement officers were seriously considered. If those cuts had taken place permitting around the state would have been seriously impacted. The Legislature was in a tough place and even considered sweeping monies from the marina fuel tax dollars currently earmarked for local grants for boat ramps and docks. Instead the budget conference committee agreed to increase boat registrations fees. Boat registration fees had not been increased since 1992. The bill also includes a fee increase for recreational hunting and fishing licenses. The bill will take effect July 1, 2008 if the Governor approves the legislation.
Committee Substitute for Committee Substitute for Senate Bill 1094 relating to Gambling Vessels/Clean Ocean Act passed both the House and the Senate. This bill is very much different than the originally filed bill last year that would have made “any place a vessel docks a port”. This bill names the this section of statute the “Clean Ocean Act”. The bill provides many definitions and very specifically targets gambling vessels to register under oath with the Department of Environmental Protection. The bill does provide for penalties for violating the law. The bill provides reporting requirements for gambling vessels that release waste into coastal waters. The bill does provide exemptions from the reporting requirements if safety of the vessel or human lives are involved. If the Governor approves this piece of legislation it will go into effect July 1, 2008.
House Bill 7091 relating to the Fish and Wildlife Conservation Commission is another bill that passed this session of interest. Simply, this bill consolidates Florida Statutes Chapters 370 and 372 and combines them into one chapter, 379 Florida Statutes. Again, if the Governor allows this bill to become law, it will become effective July 1, 2008.
As you can see, the Florida Legislature was very busy this session. Some issues of interest surfaced but did not pass at the end of the day. Two examples would be the mandatory boater education and mandatory personal flotation devices for 13 years or younger. We fully expect these issues to resurface next year.
Unfortunately, for us many other issues and concerns are already being raised for the 2009 Legislative Session. Many have expressed concerns relating to the possibility of further budget reductions, mooring issues, property tax and public access. We will continue to work these issues over the summer months and keep you informed of any potential legislation being filed for next session.
Finally, MIAF worked closely with Representative Mitch Needelman and Senator Charlie Dean on legislation that would have allowed local governments (if they chose) to enter into agreements to purchase development rights for working waterfronts. Senate Bill 2294 and House Bill 877 did not pass at the end of the day this session. However, because of their diligence and support to keep the issue before the Legislature, MIAF was successful in ultimately passing a proposed constitutional amendment for the November general election. Many special thanks to our primary sponsors Senator Dean and Representative Mitch Needelman. I would also like to thank our many cosponsors who supported our legislation, Representative(s) SandyAdams, Susan Bucher, Greg Evers, Jim Frishe, Luis Garcia, Hugh Gibson, Mike Grant, Doug Holder, Ed Hooper, Evan Jenne, Will Kendrick, Janet Long, Jimmy Patronis, Julio Robaina, Franklin Sands, Ron Saunders, Priscilla Taylor, Baxter Troutman, Shelly Vana and Jim Waldman. Thank you also goes out to Senator Bill Posey who cosponsored the Senate companion.
As we continue to work on your behalf it is imperative we continue to build key relationships in the Florida Legislature. Please take time to send thank you notes to your elected officials who have supported our issues. Your voice as a constituent helps us grow stronger.
Thank you for the opportunity to work on your behalf in Tallahassee. If you would like copies of any of the bills summarized above, please feel free to access them on the Marine Industries Association of Florida website.
Great News!
Florida’s Taxation and Budget Reform Commission Supports Working Waterfronts
Many of us were saddened during Special Session D in 2007 when a proposed constitutional amendment passed that did not include property tax reform for working waterfronts.
MIAF worked very hard during 2007 on property tax reform for working waterfronts. As you may recall, language for working waterfronts was included in the first proposed amendment that passed last summer, but unfortunately that proposed language was thrown out by the courts. The Legislature came back and revisited the issue and “working waterfronts” were included in the Special Session call. Unfortunately at the end of the day we were not included in the language that ultimately became Amendment One that passed this past January.
MIAF and other key organizations regrouped, dusted ourselves off and began working with the Taxation and Budget Reform Commission(TBRC). The TBRC is composed of 29 members who are appointed by the Governor, Speaker of the House and the Senate President.
I am happy to report Commissioners Ken Wilkinson, Jim Scott and Carlos Lacasa were successful in passing a proposed constitutional amendment for the November ballot requiring working waterfronts as defined be taxed at current use. The amendment will appear on the November ballot and will require 60% voter approval to pass.
We need your help to get this major accomplishment done. It is a major lift and this is going to voters statewide for approval in Florida’s Constitution. We will keep you posted as the issue progresses and will ask for your help to spread the work to Support Amendment 6 and Save Florida’s Working Waterfronts.
If you would like a copy of the proposed constitutional amendment, please visit Marine Industries Association of Florida website.
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If you would like a list of all the bills passed this session, please contact the MIAF office, miafoperations@boatflorida.org
MIAF 2008 Legislative Session:
On March 11and 12 the Marine Industries Association of Florida was in Tallahassee for its annual Legislative Days. This year we had 12 Delegates from around the state representing Southwest Florida, Palm Beach, and the Treasure Coast. While there we met with over 20 legislators. We focused on gaining new co-sponsors for HB 877 by Representative Mitch Needleman and companion bill SB 2294 by Senator Charlie Dean titled Working Waterfront Real Property. This bill allows property owners to sell the development rights to their property to the County or Municipality for $10 and other valuable considerations. We were able to gain several new sponsors and on Thursday March 13 the bill passed in committee on the House side. Co sponsors on the House Bill are Adams, Evers, Frishe, Garcia, Gibson, III (H), Grant, Holder, Hooper, Jenne, Kendrick, Long, Patronis, Robaina, Sands, Taylor, Troutman, Vana, and Waldman. Co sponsor on the Senate bill is Senator Posey.
Another issue we discussed with legislators was the Florida Forever Fund. Although with the extreme budget cuts currently being discussed, we do not think it will be funded this year. We did however want to keep the issue of water access in front of the legislators. Even though many of you could not make the trip to Tallahassee your voice is very important. You can contact your Representatives and Senators and ask them to support these very important issues.
On March 11 after a long day of meetings we had a reception and dinner at the Park Plaza Hotel. We were joined by Patience Kohn from the Marine Industries Association of South Florida and Jason Dunbar and Jeff Erdman from the Florida Yacht Brokers Association. We had a wonderful evening discussing our industry and the issues that face it. It was a great opportunity to network and hear issues from around the state and determine how we can all work together.
Meetings were held with:
Representative Adams
Representative Brandenburg
Representative Bucher
Representative Evers
Representative Frishe
Representative Glorioso
Representative Grimsley
Representative Holder
Representative Hooper
Representative Kelly
Representative Kendrick
Representative Long
Representative Mayfield
Representative Needelman
Representative Patronis
Representative Robaina
Representative Sands
Representative R. Saunders
Representative Snyder
Representative Troutman
Senator Dean
Senator Dockery
Senator B. Saunders
Delegates:
Michael Kiefer
Michele Miller
Missy Timmins
Keri Rayborn
Matt Farrar
Ken Stead
Vera Locke
April Price
Marty Laven
Gerry Ward
Debbie Sahlberg
John Sprague
The Marine Industries Association of Florida provides its members with representation before the Governor and Cabinet, Department of Community Affairs, Department of Environmental Protection, Fish and Wildlife Conservation Commission and the Florida Legislature.
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