This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0641b.ISC
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 641 Restoration of Osborne Reef
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 546
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency
Subcommittee
17 Y, 0 N Mamontoff Moore
2) Infrastructure Strategies Committee Mamontoff Harrington
SUMMARY ANALYSIS
Coral reefs are valuable natural resources. They protect coastlines by reducing wave energy from storms and
hurricanes, serve as a source of food and shelter, and provide a critical habitat for over 6,000 species,
including commercially important fisheries. Florida’s coral reef extends 330 nautical miles, from the St. Lucie
Inlet in Martin County past Key West to the Dry Tortugas; and is the only coral reef system in the continental
United States.
An artificial reef is a manmade structure that mimics some of the characteristics of a natural reef. Artificial reefs
have been created by ships, army tanks, oil rigs and washing machines. What most of these materials have in
common is a hard and varied surface that can provide shelter for fish and a substrate to which corals, sponges,
algae, and mollusks can attach.
The Osborne Reef, better known as the Tire Reef, is 1.3 miles off the coast of Fort Lauderdale. In the 1970s,
the Osborne Reef was conceived in an effort to resolve the overabundance of old tires in landfills in southern
Florida. Nearly two million old tires were tied together and anchored to the ocean floor to create an artificial
reef. Over the years, as hurricanes moved through each hurricane season, and other storms and currents
pulled at the tires, the nylon and steel lashings eventually eroded, and the tires were spread over roughly 34
acres, damaging nearby natural reefs.
Beginning in 2007, efforts have been made to remove the tires; however, due to the magnitude of the project
and its projected cost, not all of the tires have been removed. As of November 2019, it was estimated that
between 500,000 and one million tires still needed to be removed.
The bill requires the Department of Environmental Protection (DEP) to submit a report to the President of the
Senate and the Speaker of the House of Representatives on the status of the Osborne Reef cleanup and tire
removal project by December 1, 2023.
By July 1, 2024, the bill requires DEP to develop a comprehensive coral reef restoration plan for Osborne Reef
to be commenced, subject to appropriation, upon the completion of the cleanup and tire removal project.
The bill may have a negative fiscal impact on the state.
STORAGE NAME: h0641b.ISC PAGE: 2
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Coral Reefs
Coral reefs are valuable natural resources. They protect coastlines by reducing wave energy from
storms and hurricanes,
1
serve as a source of food and shelter, and provide a critical habitat for over
6,000 species, including commercially important fisheries.
2
Many medicines, as well as other health
and beauty products, are derived from marine plants, algae, and animals found on coral reefs.
3
Coral
reefs are vulnerable due to environmental changes, particularly those resulting from human activities.
4
Florida’s coral reef extends 330 nautical miles, from the St. Lucie Inlet in Martin County past Key West
to the Dry Tortugas.
5
It is the only coral reef system in the continental United States and is home to
over 40 species of reef-building corals that provide shelter, food, and breeding sites for millions of
plants and animals.
6
The reef supports a rich and diverse assemblage of stony corals, octocorals,
macroalgae, sponges, and fishes.
7
Artificial Reefs
An artificial reef is a manmade structure that mimics some of the characteristics of a natural reef.
8
Artificial reefs have been in use for over 2,000 years. For example, ancient Persians used reefs made
of sun-dried blocks of clay to barricade the Tigris River from invading pirates,
9
the Romans used lime-
mortar reefs to trap the Carthaginians in battle during the First Punic War, and since the 18
th
century
the Japanese have been world leaders in artificial reef technology for commercial fishery enhancement.
Today, artificial reefs have been created by ships, army tanks, oil rigs and washing machines. What
most of these intentionally placed materials have in common is a hard and varied surface that provides
shelter for fish and a substrate to which corals, sponges, algae, and mollusks can attach.
10
In 1984, the National Fishing Enhancement Act was enacted to promote and facilitate the
establishment of artificial reefs to enhance commercial and recreational fisheries. The Act requires the
development of a National Artificial Reef Plan to enhance fishery resources, increase fishery
production, and benefit coastal economies by encouraging properly designed, constructed, and located
artificial reefs based on the best scientific evidence. The Plan is intended to provide a framework for
use by state, regional, and local planners in developing detailed site-specific plans.
11
The Osborne Reef
The Osborne Reef, better known as the Tire Reef, is 1.3 miles off the coast of Fort Lauderdale. In the
1970s, the Osborne Reef was conceived in an effort to resolve the overabundance of old tires in
1
Coral Reef Conservation Program 2011-2016 Strategic Plan, (July 2011), p. 3, available at
https://floridadep.gov/sites/default/files/CRCP_Strategic_Plan_2011-2016.pdf (last visited March 12, 2023).
2
Id.
3
Id.
4
U.S. Coral Reef Task Force, The National Action Plan to Conserve Coral, p. 3, available at
http://www.coralreef.gov/about/CRTFAxnPlan9.pdf (last visited March 12, 2023).
5
Department of Environmental Protection (DEP), Coral Reef Conservation Program, https://floridadep.gov/rcp/coral (last
visited March 12, 2023).
6
Florida’s Coral Reef, Conserving Florida’s Coral Reef, https://floridascoralreef.org/ (last visited March 12, 2023).
7
DEP, Coral Reef Conservation Program, https://floridadep.gov/rcp/coral (last visited March 12, 2023).
8
National Oceanic and Atmospheric Association (NOAA), What is an artificial reef?,
https://oceanservice.noaa.gov/facts/artificial-reef.html (last visited March 2, 2023).
9
Currents, Rubber Reef Recycled, p. 7-8 https://irt.defense.gov/Portals/57/Documents/news/Currents_Magazine.pdf (last
visited Feb. 28, 2023).
10
Id at 8.
11
Id. STORAGE NAME: h0641b.ISC PAGE: 3
DATE: 3/23/2023
landfills in southern Florida.
12
Nearly two million old tires were tied together with nylon rope and steel
clips and anchored to the ocean floor to create an artificial reef.
Tires as reefs were appealing for two reasons. First, during the 1960s and 1970s used tires were
accumulating in landfills after restrictions on other disposal methods were imposed.
13
Second, by
grouping large numbers of tires together, it was thought that the openings would provide shelter for fish
and other species. However, tires have a certain amount of buoyancy that causes them to move and
break loose of their restraints, and their surfaces are more attractive to a limited range of algae rather
than coral and other more beneficial reef organisms.
14
Over the years, as hurricanes moved through each hurricane season, and other storms and currents
pulled at the Osborne Reef tires, the nylon and steel lashings eroded and, within three years of their
placement, the tires had spread over roughly 34 acres and began washing up on beaches and
damaging nearby natural reefs.
15
For 30 years, Fort Lauderdale residents have seen these tires wash
up on their shores.
16
Cleanup and Tire Removal
In 2001, a small tire retrieval program was conducted by Nova Southeastern University after receiving a
$30,000 grant from the National Oceanic and Atmospheric Administration (NOAA).
17
Approximately
1,600 tires were removed at an average cost of $17.00 per tire. It was determined that the cost alone
would make a project to remove all of the nearly two million tires cost prohibitive.
In 2006, the Department of Environmental Protection (DEP) began collaborating with Coastal America
18
to remove the tires.
19
It was determined that the project fell within the scope of The Department of
Defense (DoD) Innovative Readiness Training (IRT).
20
The Governor recommended, and the
Legislature passed, a $2 million special appropriation for DEP to complete its share of the project.
21
The project was expected to last for three years. In 2007, nearly 1,000 tires were removed each day
from July to September. The project continued through 2009, but by 2010, other operations required
the military to end their cleanup at Osborne Reef. The culmination of their work resulted in the removal
of 72,000 tires.
22
In 2015, tire removal operations resumed after the state contracted with Industrial Divers Corporation
(IDC), a commercial salvage dive company, to remove the tires. Between 2016 and 2019, the
Legislature appropriated a total of $4.3 million to the project. As of November 2019, IDC had removed
between 2,000 and 5,000 tires per week, removing a total of 250,000 tires over the span of three years
and still had somewhere between 500,000 and one million tires to go.
23
Effect of the Bill
The bill requires DEP to submit a report to the President of the Senate and the Speaker of the House of
Representatives on the status of the Osborne Reef cleanup and tire removal project by December 1,
2023. The report must include:
12
Id at 7.
13
Id at 8.
14
Id.
15
Id.
16
Id at 13.
17
Id at 9.
18
The Coastal America program is a federal program that coordinates resources from various federal agencies to help
address needs in coastal communities. Id.
19
Id.
20
IRT provides the military with a way to gain hands-on training while providing benefits to communities. Id.
21
DEP, History and Overview of the Osborne Reef Waste Tire Removal Project,
https://floridadep.gov/sites/default/files/OsborneReefProject_09Aug16_0.pdf (last visited March 1, 2023).
22
Id.
23
Local 10.com, Hundreds of thousands of tires being removed off Fort Lauderdale coast,
https://www.local10.com/news/2019/11/14/hundreds-of-thousands-of-tires-being-removed-off-fort-lauderdale-coast/ (last
visited March 1, 2023). STORAGE NAME: h0641b.ISC PAGE: 4
DATE: 3/23/2023
A description of the condition of the remaining Osborne Reef structure;
Any restoration efforts undertaken to restore the reef structure;
The number of tires retrieved since the project began and the number of tires that still need to
be retrieved; and
An estimated timeline for the completion of the cleanup and tire removal project.
By July 1, 2024, the bill requires DEP to develop a comprehensive coral reef restoration plan for
Osborne Reef to be commenced, subject to appropriation, upon the completion of the cleanup and tire
removal project. The restoration plan must include:
A preliminary plan for the restoration of the existing reef;
The restoration of any nearby natural reefs that were destroyed by the tire installation;
The shifting of resources from tire retrieval to reef restoration; and
Coordination with other coral reef restoration projects and resources.
The bill requires DEP to submit a report to the President of the Senate and the Speaker of the House of
Representatives once the reef restoration plan is completed. The report must include an update on the
status of the restoration plan and any recommendations for statutory changes necessary to achieve the
restoration goals identified.
B. SECTION DIRECTORY:
Section 1. Creates an unnumbered section of law requiring DEP to submit a status report and
develop a restoration plan for Osborne Reef.
Section 2. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on DEP because DEP must submit a
status report and develop a comprehensive restoration plan for Osborne Reef. These costs can be
absorbed within existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None. STORAGE NAME: h0641b.ISC PAGE: 5
DATE: 3/23/2023
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal government.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.