Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 2536
       
       
       
       
       
       
                                Barcode 954046                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/20/2009           .                                
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       The Committee on General Government Appropriations (Oelrich)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 2009 - 2089
    4  and insert:
    5         (2)If two or more persons violate s. 379.501(1) so that
    6  the damage is indivisible, each violator shall be jointly and
    7  severally liable for the damage and for the reasonable cost and
    8  expenses of the state incurred in restoring the waters and
    9  property of the state, including the animal, plant, and aquatic
   10  life, to their former condition. However, if the damage is
   11  divisible and may be attributed to a particular violator or
   12  violators, each violator is liable only for that damage
   13  attributable to his or her violation.
   14         (3)In assessing damages for fish killed, the value of the
   15  fish shall be determined in accordance with a table of values
   16  for individual categories of fish, which shall be adopted by the
   17  Department of Environmental Protection pursuant to s.
   18  403.141(3). The total number of fish killed may be estimated by
   19  standard practices used in estimating fish population.
   20         Section 46. Subsection (1) of section 403.088, Florida
   21  Statutes, is amended to read:
   22         403.088 Water pollution operation permits; conditions.—
   23         (1) No person, without written authorization of the
   24  department, shall discharge into waters within the state any
   25  waste which, by itself or in combination with the wastes of
   26  other sources, reduces the quality of the receiving waters below
   27  the classification established for them. However, this section
   28  shall not be deemed to prohibit the application of pesticides to
   29  waters in the state for the control of insects, aquatic weeds,
   30  or algae, provided the application is performed pursuant to a
   31  program approved by the Department of Health, in the case of
   32  insect control, or the Fish and Wildlife Conservation Commission
   33  department, in the case of aquatic weed or algae control. The
   34  department is directed to enter into interagency agreements to
   35  establish the procedures for program approval. Such agreements
   36  shall provide for public health, welfare, and safety, as well as
   37  environmental factors. Approved programs must provide that only
   38  chemicals approved for the particular use by the United States
   39  Environmental Protection Agency or by the Department of
   40  Agriculture and Consumer Services may be employed and that they
   41  be applied in accordance with registered label instructions,
   42  state standards for such application, and the provisions of the
   43  Florida Pesticide Law, part I of chapter 487.
   44         Section 47. The statutory powers, duties, and functions
   45  related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
   46  which were transferred by chapter 2008-150, Laws of Florida, and
   47  all records, personnel, and property; unexpended balances of
   48  appropriations, allocations, and other funds; administrative
   49  authority; administrative rules; pending issues; and existing
   50  contracts of the Bureau of Invasive Plant Management in the
   51  Department of Environmental Protection are transferred by a type
   52  two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
   53  Fish and Wildlife Conservation Commission. All actions taken
   54  pursuant to chapter 2008-150, Laws of Florida, and the
   55  Interagency Agreement executed thereto are ratified.
   56         Section 48. The Invasive Plant Control Trust Fund, FLAIR
   57  number 37-2-030, in the Department of Environmental Protection
   58  is transferred to the Fish and Wildlife Conservation Commission,
   59  FLAIR number 77-2-030.
   60         Section 49. For the purpose of incorporating the amendment
   61  made by this act to section 319.32, Florida Statutes, in a
   62  reference thereto, paragraph (a) of subsection (2) of section
   63  379.209, Florida Statutes, is reenacted to read:
   64         379.209 Nongame Wildlife Trust Fund.—
   65         (2)(a) There is established within the Fish and Wildlife
   66  Conservation Commission the Nongame Wildlife Trust Fund. The
   67  fund shall be credited with moneys collected pursuant to ss.
   68  319.32(3) and 320.02(8). Additional funds may be provided from
   69  legislative appropriations and by donations from interested
   70  individuals and organizations. The commission shall designate an
   71  identifiable unit to administer the trust fund.
   72         Section 50. For the purpose of incorporating the amendment
   73  made by this act to section 379.353, Florida Statutes, in a
   74  reference thereto, subsection (7) of section 379.3581, Florida
   75  Statutes, is reenacted to read:
   76         379.3581 Hunter safety course; requirements; penalty.—
   77         (7) The hunter safety requirements of this section do not
   78  apply to persons for whom licenses are not required under s.
   79  379.353(2).
   80         Section 51. For the 2009-2010 fiscal year, the sum of
   81  $185,000 is appropriated from the State Game Trust Fund to the
   82  Fish and Wildlife Conservation Commission for license issuance
   83  costs resulting from changes to the saltwater fishing shoreline
   84  exemption.
   85         Section 52. Effective October 1, 2009, section 327.22,
   86  Florida Statutes, is repealed.
   87