Senate Bill sb0402

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                   SB 402

    By Senator Fasano





    11-153A-06

  1                      A bill to be entitled

  2         An act relating to the development of markets

  3         for Florida wild-caught food shrimp; providing

  4         definitions; requiring that, in addition to the

  5         fee charged for a saltwater products license, a

  6         resident individual, firm, or corporation

  7         engaged in the commercial taking of Florida

  8         wild-caught food shrimp pay an annual fee;

  9         requiring that a nonresident individual, firm,

10         or corporation engaged in the commercial taking

11         of Florida wild-caught food shrimp pay certain

12         fees in lieu of the fee otherwise imposed for a

13         saltwater products license; requiring deposit

14         of the fees into the Florida Wild-Caught Food

15         Shrimp Economic Development Trust Fund;

16         providing for the Fish and Wildlife

17         Conservation Commission to distribute proceeds

18         of the fee to the Department of Agriculture and

19         Consumer Services and a nonprofit entity for

20         various purposes relating to protecting and

21         promoting markets for Florida wild-caught food

22         shrimp; providing an effective date.

23  

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

25  

26         Section 1.  Florida wild-caught food shrimp economic

27  development.--

28         (1)  As used in this section, the term:

29         (a)  "Commission" means the Fish and Wildlife

30  Conservation Commission.

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 402
    11-153A-06




 1         (b)  "Education" means informing government officials

 2  and the general public about issues relating to the promotion

 3  and protection of markets for Florida wild-caught food shrimp.

 4         (c)  "Florida wild-caught food shrimp" means shrimp

 5  whose capture or distribution requires a saltwater products

 6  license under chapter 370, Florida Statutes.

 7         (d)  "Litigation" means the costs associated with a

 8  lawsuit that has successfully promoted and protected markets

 9  for Florida wild-caught food shrimp.

10         (e)  "Marketing" means advertising, merchandising,

11  publicity, or sales promotion.

12         (f)  "Nonprofit entity" means a private business entity

13  incorporated under s. 501(c)(6) of the Internal Revenue Code

14  which, through an alliance of shrimp industry members in

15  southern coastal states from North Carolina to Texas, supports

16  the harvesting, processing, and distribution of wild-caught

17  food shrimp from sustainable stocks in the waters of the Gulf

18  of Mexico and South Atlantic, thereby helping to bring

19  long-term stability to the state's wild-caught food shrimp

20  industry.

21         (g)  "Resident" has the same meaning as in s. 370.01,

22  Florida Statutes.

23         (2)(a)  In addition to the fee charged for the

24  saltwater products license, beginning July 1, 2006:

25         1.  Each individual engaged in the commercial taking of

26  Florida wild-caught food shrimp who is a resident and obtains

27  a saltwater products license under s. 370.06(2)(e)1. or s.

28  370.06(2)(e)2., Florida Statutes, must pay an annual fee of

29  $250.

30         2.  Each individual, firm, or corporation engaged in

31  the commercial taking of Florida wild-caught food shrimp which

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 402
    11-153A-06




 1  is a resident and obtains a saltwater products license under

 2  s. 370.06(3)(e)3., Florida Statutes, must pay an annual fee of

 3  $250 for a vessel having a registered length of less than 50

 4  feet or a fee of $375 for a vessel having a registered length

 5  of 50 feet or more. As used in this subparagraph, the term

 6  "registered length" means the length of the vessel which is

 7  specified in the vessel documentation required by the United

 8  States Coast Guard and included in state registration records.

 9  For purposes of this subparagraph, a resident firm or

10  corporation is a firm or corporation formed under the laws of

11  this state.

12         (b)  Beginning July 1, 2006, each individual, firm, or

13  corporation that is a nonresident and engaged in the

14  commercial taking of Florida wild-caught food shrimp must, in

15  lieu of the fees otherwise imposed by s. 370.06(3)(e), Florida

16  Statutes, pay an annual fee of $800. However, if an

17  individual, firm, or corporation that is a Florida resident is

18  required to pay an amount in excess of $800 a year for a

19  similar license to engage in the commercial taking of

20  wild-caught food shrimp under the laws of the home state of

21  such nonresident, the annual fee shall be increased from $800

22  to that higher amount. For purposes of this paragraph, a

23  Florida resident firm or corporation is a firm or corporation

24  formed under the laws of this state and a nonresident firm or

25  corporation is a firm or corporation formed under the laws of

26  a state other than Florida.

27         (3)  The proceeds from the fees required by subsection

28  (2) must be deposited into the Florida Wild-Caught Food Shrimp

29  Economic Development Trust Fund. The commission shall

30  distribute these funds, less reasonable administrative costs,

31  as follows:

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 402
    11-153A-06




 1         (a)  Fifty percent to the Bureau of Seafood and

 2  Aquaculture Marketing within the Department of Agriculture and

 3  Consumer Services for the purpose of marketing Florida

 4  wild-caught food shrimp.

 5         (b)  Fifty percent to a nonprofit entity for the

 6  purpose of education or litigation. The commission shall

 7  select and enter into a contract with such an entity, which

 8  contract must specify rights and responsibilities of the

 9  entity consistent with this act.

10         Section 2.  This act shall take effect July 1, 2006.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Establishes an additional annual fee for a resident
      individual or business engaged in the commercial taking
15    of Florida wild-caught food shrimp.  Provides for deposit
      of the fees into the Florida Wild-Caught Food Shrimp
16    Economic Development Trust Fund.  Provides for management
      of the fund by the Florida Fish and Wildlife Conservation
17    Commission.  Provides for distribution of the fund to the
      Department of Agriculture and Consumer Services and a
18    nonprofit entity.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.