2002 Legislative Session 

Overall, this was another successful session for the Marine Industries Association of South Florida.

Manatee Protection

A compromise bill passed which provides for local review of new waterway regulations by a Rule Review Committee comprising balanced representation by manatee advocates and boating interests.  The Committee may address such factors as whether the best available scientific information supports the proposed rule, whether seasonal zones and travel corridors are warranted, and other factors necessary to balance manatee protection and public access to and use of the waters being regulated.   

The bill also provides that the Fish & Wildlife Conservation Commission (FWCC) establish by February 15, 2003 a target number of manatees that when reached, would define recovery of the species. Finally, the FWCC is directed to conduct standardized studies to determine levels of public compliance with manatee protection rules and shall use the results of the studies to develop and implement strategic law enforcement initiatives and boater education plans.   Both boater and manatee advocates have gone on record as saying the new manatee protection rule approved by the legislature is a solution they can live with.   

DRI Exemption

The Growth Management bill was amended to provide an exemption from the Development of Regional Impact (DRI) process for marinas.  The county must have a manatee protection plan and the boating facility siting plan must be part of the county comprehensive plan in order to qualify.

Marina Fuel Tax

Unfortunately, MIASF’s bill to secure a larger portion of the fuel tax paid by boaters to benefit our waterways did not pass.  The legislation made it out of the Senate but died in the House.  We made a lot of progress on this issue this year, and will continue to work on the issue next year. 

Sales Tax Exemption Review

A compromise version of sales tax reform was reached between the House and Senate, which places the question of a joint committee for tax review on the ballot.  If approved by voters, the committee shall conduct a review of all exemptions from sales tax, use tax, and all current sales tax exclusions.  The committee shall review such exemptions and exclusions over a three-year period and shall submit its findings and recommendations to the legislature.  Any decision to de-authorize and exemption or exclusion must be approved by a majority of the committee.  MIASF will need to again justify previously hard won sales tax exemptions such as our “10-90” and “Registered Repair Facility” exemptions which we feel we can successfully do based upon significant economic benefits to the state.   

Longshore and Harborworkers Act

Legislation to remove the recreational marine industry from the Longshore and Harbor Workers Compensation Act (LHWCA) was introduced in Congress by Representative Ric Keller (R-FL) at the request of the Recreational Marine Employment Coalition, which consists of organizations like MIASF, National Marine Manufacturers Association (NMMA), Marina Operators Association of America (MOAA) and a variety of recreational marine businesses from around the U.S. The bill, HR 4811, is entitled the "Recreational Marine Employment Act of 2002" and will help preserve and create thousands of marine industry jobs as a result of savings on insurance premiums. The current law subjects many small businesses (subcontractors, marinas, dock builders, boatyards, boat builders) to Longshore insurance costs that are often four times greater than state worker's compensation rates.  Presently, State worker's compensation programs more than adequately cover the recreational marine employee. The original intent of the Longshore and Harbor Workers Compensation Act was to provide coverage and protection to the commercial shipping industry.  Over the years, through the amendment process, an undue hardship was placed on the recreational marine industry when long shoring activities were redefined to include any maritime work on adjoining piers, wharfs, dry docks, terminals, building ways, or other adjoining areas customarily used by an employer in loading, unloading, repairing, dismantling or building of a vessel.

In 1984, MIASF played a major role in amending the LHWCA to afford relief to the recreational marine industry.  The Bill S38 sought to define and capture the recreational marine industry.  Nearly 20 years later it is clear our industry has changed and so too must the LHWCA.  HR 4811 will exclude our entire industry from the Act providing us with the necessary relief we deserve. Significant progress has been made on this issue, but there is still much work to be done before the marine recreational industry is relieved of this stifling and unnecessary burden.

For more information and ways you can help, please visit the RMEC website at www.USLH.org.