The Florida Senate

597.001  Florida Aquaculture Policy Act; short title.

597.0015  Definitions.

597.002  Legislative declaration of public policy respecting aquaculture.

597.0021  Legislative intent.

597.003  Powers and duties of Department of Agriculture and Consumer Services.

597.004  Aquaculture certificate of registration.

597.0041  Prohibited acts; penalties.

597.005  Aquaculture Review Council.

597.006  Aquaculture Interagency Coordinating Council.

597.001  Florida Aquaculture Policy Act; short title.--This chapter may be cited as the "Florida Aquaculture Policy Act."

History.--s. 1, ch. 84-90; s. 1, ch. 93-152.

597.0015  Definitions.--For purposes of this chapter, the following terms shall have the following meanings:

(1)  "Aquaculture" means the cultivation of aquatic organisms.

(2)  "Aquaculture producers" means those persons engaging in the production and sale of aquaculture products.

(3)  "Aquaculture products" means aquatic organisms and any product derived from aquatic organisms that are owned and propagated, grown, or produced under controlled conditions. Such products do not include organisms harvested from the wild for depuration, wet storage, or relay for purification.

(4)  "Commissioner" means the Commissioner of Agriculture.

(5)  "Department" means the Department of Agriculture and Consumer Services.

History.--s. 7, ch. 91-187; s. 23, ch. 96-247.

597.002  Legislative declaration of public policy respecting aquaculture.--The Legislature declares that aquaculture is agriculture and, as such, the Department of Agriculture and Consumer Services shall be the primary agency responsible for regulating aquaculture, any other law to the contrary notwithstanding. The only exceptions are those areas required by federal law, rule, or cooperative agreement to be regulated by another agency. The Legislature declares that, in order to effectively support the growth of aquaculture in this state, there is a need for a state aquaculture plan that will provide for the coordination and prioritization of state aquaculture efforts and the conservation and enhancement of aquatic resources and will provide mechanisms for increasing aquaculture production which may lead to the creation of new industries, job opportunities, income for aquaculturists, and other benefits to the state. The state aquaculture plan shall guide the research and development of the aquaculture industry. Funds designated by the Legislature for aquaculture research and development or for contracting for aquaculture research and development shall be used to address the projects and activities designated in the state aquaculture plan. Any entity receiving legislative funding for aquaculture research and development programs shall report annually to the department all activities related to aquaculture to facilitate coordination and compliance with the state aquaculture plan.

History.--s. 2, ch. 84-90; s. 3, ch. 90-92; s. 8, ch. 91-187; s. 24, ch. 96-247; s. 24, ch. 98-333.

597.0021  Legislative intent.--

(1)  It is the intent of the Legislature to enhance the growth of aquaculture in this state, while protecting Florida's environment.

(2)  It is also the intent of the Legislature to give the department the duty to coordinate and assist the development of aquaculture.

(3)  It is the intent of the Legislature that the Aquaculture Review Council and the Aquaculture Interagency Coordinating Council are established to provide a means of communication between the aquaculture industry and the regulatory agencies.

History.--s. 1, ch. 87-367; s. 4, ch. 90-92; s. 9, ch. 91-187; s. 29, ch. 91-201; ss. 2, 6, ch. 93-152; s. 25, ch. 96-247.

597.003  Powers and duties of Department of Agriculture and Consumer Services.--

(1)  The department is hereby designated as the lead agency in encouraging the development of aquaculture in the state and shall have and exercise the following functions, powers, and duties with regard to aquaculture:

(a)  Issue or deny aquaculture certificates that identify aquaculture producers and aquaculture products, and collect all related fees.

(b)  Coordinate the development, annual revision, and implementation of a state aquaculture plan. The plan shall include prioritized recommendations for research and development as suggested by the Aquaculture Review Council, the Aquaculture Interagency Coordinating Council, and public and private institutional research, extension, and service programs.

(c)  Develop memorandums of agreement, as needed, with the Department of Environmental Protection, the Florida Game and Fresh Water Fish Commission, the Florida Sea Grant Program, and other groups as provided in the state aquaculture plan.

(d)  Provide staff for the Aquaculture Review Council and the Aquaculture Interagency Coordinating Council.

(e)  Forward the annually revised state aquaculture plan to the commissioner and to the chairs of the House Committee on Agriculture and Consumer Services and the Senate Committee on Agriculture 1 month prior to submission of the department's legislative budget request to the Governor.

(f)  Submit the list of research and development projects proposed to be funded through the department as identified in the state aquaculture plan, along with the department's legislative budget request to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(g)  Provide developmental assistance to the various sectors of the aquaculture industry as determined in the state aquaculture plan.

(h)  Assist persons seeking to engage in aquaculture when applying for the necessary permits and serve as ombudsman to resolve complaints or otherwise resolve problems arising between aquaculture producers and regulatory agencies.

(i)  Develop and propose to the Legislature legislation necessary to implement the state aquaculture plan or to otherwise encourage the development of aquaculture in the state.

(j)  Issue or deny any license or permit authorized or delegated to the department by the Legislature or through memorandum of understanding with other state or federal agencies that furthers the intent of the Legislature to place the regulation of aquaculture in the department.

(2)  The department may employ such persons as are necessary to perform its duties under this chapter.

History.--s. 3, ch. 84-90; s. 1, ch. 86-111; s. 5, ch. 87-367; s. 2, ch. 88-377; s. 10, ch. 91-187; s. 3, ch. 93-152; s. 467, ch. 94-356; s. 26, ch. 96-247; s. 25, ch. 98-333.

597.004  Aquaculture certificate of registration.--

(1)  SHELLFISH CERTIFICATION.--Any person engaging in shellfish aquaculture must be certified by the department. The applicant for a certificate of registration shall submit the following to the department:

(a)  Applicant's name/title.

(b)  Company name.

(c)  Complete mailing address.

(d)  Legal property description of all aquaculture facilities.

(e)  Description of production facilities.

(f)  Aquaculture products to be produced.

(g)  Fifty dollar annual registration fee.

(2)  NONSHELLFISH CERTIFICATION.--

(a)  Any person engaging in nonshellfish aquaculture, except as otherwise provided in this section, must be certified by the department. The applicant for a certificate of registration for nonshellfish products shall submit the following to the department:

1.  The information requested in subsection (1) above.

2.  Documentation that the rules adopted herein have been complied with in accordance with paragraph (b) below.

(b)  The department, in consultation with the Department of Environmental Protection, the water management districts, environmental groups, and representatives from the affected farming groups, shall adopt rules to:

1.  Specify the requirement of best-management practices to be implemented by property owners and leaseholders.

2.  Establish procedures for property owners and leaseholders to submit the notice of intent to comply with best-management practices.

3.  Establish schedules for implementation of best-management practices, and of interim measures that can be taken prior to adoption of best-management practices.

4.  Establish a system to assure the implementation of best-management practices, including recordkeeping requirements.

Rules adopted pursuant to this subsection shall become effective pursuant to the applicable provisions of chapter 120, but must be submitted to the President of the Senate and the Speaker of the House of Representatives for review by the Legislature. The rules shall be referred to the appropriate committees of substance and scheduled for review during the first available regular session following adoption. Except as otherwise provided by operation of law, such rules shall remain in effect until rejected or modified by act of the Legislature.

(c)  Notwithstanding any provision of law, the Department of Environmental Protection is not authorized to institute proceedings against any person certified under this section to recover any costs or damages associated with contamination of groundwater or surface water, or the evaluation, assessment, or remediation of contamination of groundwater or surface water, including sampling, analysis, and restoration of potable water supplies, where the contamination of groundwater or surface water is determined to be the result of aquaculture practices, provided the property owner or leaseholder:

1.  Provides the department with a notice of intent to implement applicable best-management practices adopted by the department;

2.  Implements applicable best-management practices as soon as practicable according to rules adopted by the department; and

3.  Implements practicable interim measures identified and adopted by the department which can be implemented immediately, or according to rules adopted by the department.

(d)  There is a presumption of compliance with state groundwater and surface water standards if the property owner or leaseholder implements best-management practices that have been verified by the Department of Environmental Protection to be effective at representative sites and complies with the following:

1.  Provides the department with a notice of intent to implement applicable best-management practices adopted by the department;

2.  Implements applicable best-management practices as soon as practicable according to rules adopted by the department; and

3.  Implements practicable interim measures identified and adopted by the department which can be implemented immediately, or according to rules adopted by the department.

(e)  The department shall provide, by December 31, 1999, to the President of the Senate and the Speaker of the House of Representatives, a progress report concerning the development, implementation, and effectiveness of best-management practices to prevent contamination of groundwater and surface water.

(f)  This section does not limit federally delegated regulatory authority.

(g)  Any aquatic plant producer permitted by the department pursuant to s. 369.25 shall also be subject to the requirements of this subsection.

(h)  Any alligator producer with an alligator farming license and permit to establish and operate an alligator farm shall be issued an aquaculture certificate of registration pursuant to subsection (1) above.

(3)  FEES.--Effective July 1, 1997, all fees collected pursuant to this section shall be deposited into the General Inspection Trust Fund in the Department of Agriculture and Consumer Services.

(4)  IDENTIFICATION OF AQUACULTURE PRODUCTS.--Aquaculture products shall be identified while possessed, processed, transported, or sold as provided in this subsection, except those subject to the requirements of chapter 372 and the rules of the Game and Fresh Water Fish Commission as they relate to alligators only.

(a)  Aquaculture products shall be identified by an aquaculture certificate of registration number from harvest to point of sale. Any person who possesses aquaculture products must show, by appropriate receipt, bill of sale, bill of lading, or other such manifest where the product originated.

(b)  Marine aquaculture products shall be transported in containers that separate such product from wild stocks, and shall be identified by tags or labels that are securely attached and clearly displayed.

(c)  Each aquaculture registrant who sells food products labeled as "aquaculture or farm raised" must have such products containerized and clearly labeled in accordance with s. 500.11. Label information must include the name, address, and aquaculture certification number. This requirement is designed to segregate the identity of wild and aquaculture products.

(5)  SALE OF AQUACULTURE PRODUCTS.--

(a)  Aquaculture products, except shellfish, snook, spotted sea trout, red drum, and freshwater aquatic species identified in chapter 372 and rules of the Game and Fresh Water Fish Commission, may be sold without restriction so long as product origin can be identified.

(b)  Aquaculture shellfish must be sold and handled in accordance with shellfish handling regulations of the Department of Environmental Protection established to protect public health.

(6)  REGISTRATION AND RENEWALS.--

(a)  Each aquaculture producer must apply for an aquaculture certificate of registration with the department and submit the appropriate fee. Upon department approval, the department shall issue the applicant an aquaculture certificate of registration for a period of 1 year. Beginning July 1, 1997, and each year thereafter, each aquaculture certificate of registration must be renewed with fee, pursuant to this chapter, on July 1.

(b)  The department shall send notices of registration to all aquaculture producers of record requiring them to register for an aquaculture certificate. Renewal notices shall be sent to the registrant 60 days preceding the termination date of the certificate of registration. Prior to the termination date, the registrant must return a completed renewal form with fee, pursuant to this chapter, to the department.

History.--s. 27, ch. 96-247; s. 54, ch. 97-98; s. 26, ch. 98-333.

597.0041  Prohibited acts; penalties.--

(1)  It is unlawful for an aquaculture registrant to:

(a)  Commingle in the same container any shellfish aquaculture product with any wild product;

(b)  Transport by vessel over water both wild and aquaculture products of the same species at the same time; or

(c)  Violate any provision of this chapter or chapter 500.

(2)(a)  Any person who violates any provision of this chapter or any rule promulgated hereunder is subject to a suspension or revocation of his or her certificate of registration under this chapter. The department may, in lieu of, or in addition to the suspension of revocation, impose on the violator an administrative fine in an amount not to exceed $1,000 per violation per day.

(b)  Any person who violates any provision of this chapter, or rule hereunder, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  Any person certified under this chapter who has been convicted of taking aquaculture species raised at a certified facility shall have his or her license revoked for 5 years by the Department of Agriculture and Consumer Services pursuant to the provisions and procedures of s. 120.60.

History.--s. 28, ch. 96-247.

597.005  Aquaculture Review Council.--

(1)  COMPOSITION.--There is created within the department the Aquaculture Review Council to consist of nine members as follows: the chair of the State Agricultural Advisory Council or designee; the chair of the Aquaculture Interagency Coordinating Council; and seven additional members to be appointed by the commissioner, including an alligator farmer, a food fish farmer, a shellfish farmer, a tropical fish farmer, an aquatic plant farmer, a representative of the commercial fishing industry, and a representative of the aquaculture industry at large. Members shall be appointed for 4-year terms. Each member shall be selected from no fewer than two or more than three nominees submitted by recognized statewide organizations representing each industry segment or the aquaculture industry at large. In the absence of nominees, the commissioner shall appoint persons who otherwise meet the qualifications for appointment to the council. Members shall serve until their successors are duly qualified and appointed. An appointment to fill a vacancy shall be for the unexpired portion of the term.

(2)  MEETINGS; PROCEDURES; RECORDS.--

(a)  The members of the council shall meet at least quarterly; shall elect a chair, a vice chair, a secretary, and an industry representative to the Aquaculture Interagency Coordinating Council; and shall use accepted rules of procedure. The terms of such officers shall be for 1 year.

(b)  The council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as may be prescribed by its rules of procedure. However, the council shall hold a joint annual meeting with the Aquaculture Interagency Coordinating Council.

(c)  A majority of the members of the council constitutes a quorum for all purposes, and an act by a majority of such quorum at any meeting constitutes an official act of the council.

(d)  The council secretary shall keep a complete record of the proceedings of each meeting, which record shall include the names of the members present and the actions taken. Such records shall be kept on file with the department, and these records and other documents about matters within the jurisdiction of the council shall be subject to inspection by the members of the council.

(3)  RESPONSIBILITIES.--The primary responsibilities of the Aquaculture Review Council are to:

(a)  Formulate and recommend to the commissioner rules and policies governing the business of aquaculture by studying and evaluating aquacultural issues.

(b)  Provide aquaculture industry recommendations for research and development to be included in the annual revision of the state aquaculture plan.

(c)  Submit to the commissioner on an annual basis:

1.  A prioritized list of research projects to be included in the department's legislative budget request.

2.  Recommendations to be forwarded to the Speaker of the House of Representatives and the President of the Senate on legislation needed to help the aquaculture industry.

3.  Recommendations on aquaculture projects, activities, research, and regulation and other needs to further the development of the aquaculture industry.

(d)  On a quarterly basis, review and discuss problems that serve as barriers to the growth and development of aquaculture.

(e)  Assist the department in carrying out duties identified in s. 597.003 by studying aquaculture issues and making recommendations for regulating and permitting aquaculture and in the development, revision, and implementation of the state aquaculture plan.

(f)  Provide input to the department to perform studies, identify needs, research issues, write reports, record actions and meetings of the council and, in general, conduct the business of the council.

(g)  Receive input from state agencies and public and private institutions on aquaculture research, service, development, and regulatory needs.

(h)  For any problem that cannot be solved through simple cooperation or negotiation, provide an issue analysis to the Aquaculture Interagency Coordinating Council and to the chairs of the legislative appropriations committees. The analysis shall include, but not be limited to, specific facts and industry hardships, regulatory provisions, questions relative to the issue, and suggestions for solving the problem.

(i)  Provide the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of legislative committees having primary jurisdiction over either the subject of aquaculture or the budget of the Department of Agriculture and Consumer Services, by August 1 of each year, a list of prioritized research needs critical to development of the aquaculture industry.

(4)  EXPENSES; PER DIEM.--Members of the council shall receive expenses and per diem for travel, including attendance at meetings, as allowed state officers and employees pursuant to s. 112.061.

History.--ss. 5, 8, ch. 84-90; s. 7, ch. 87-367; ss. 3, 5, 6, ch. 88-377; s. 5, ch. 90-92; s. 11, ch. 91-187; ss. 4, 6, ch. 93-152; s. 29, ch. 96-247; s. 27, ch. 98-333.

597.006  Aquaculture Interagency Coordinating Council.--

(1)  CREATION.--The Legislature finds and declares that there is a need for interagency coordination with regard to aquaculture by the following agencies: the Department of Agriculture and Consumer Services, the ¹Department of Commerce, the Department of Community Affairs, the Department of Environmental Protection, the Department of Labor and Employment Security, the Marine Fisheries Commission, the Game and Fresh Water Fish Commission, the statewide consortium of universities under the Florida Institute of Oceanography, Florida Agricultural and Mechanical University, the Institute of Food and Agricultural Sciences at the University of Florida, the Florida Sea Grant Program, and each water management district. It is therefore the intent of the Legislature to hereby create an Aquaculture Interagency Coordinating Council to act as an advisory body as defined in s. 20.03(9).

(2)  COMPOSITION.--The head of each agency listed in subsection (1) shall designate an aquaculture coordinator to act as the aquaculture contact person regarding the statutory responsibilities of the agency and to serve as a member of the Aquaculture Interagency Coordinating Council, except that the Vice President for Agricultural Affairs of the University of Florida or designee shall represent the Institute of Food and Agricultural Sciences.

(3)  MEETINGS; PROCEDURES; RECORDS.--The coordinating council shall meet at least quarterly.

(a)  A chair and vice chair shall be elected by the membership and shall serve for 1 year, commencing in September. The chair shall preside at all meetings and shall call a meeting of the coordinating council as often as necessary to transact business. Meetings shall include at least one joint annual meeting with the Aquaculture Review Council. The coordinating council may designate subcommittees from time to time to assist in carrying out its responsibilities.

(b)  A majority of the members shall constitute a quorum, and action by a majority of a quorum shall be official.

(c)  The department shall have primary responsibility for providing administrative and staff support services for the coordinating council and shall maintain a complete record of the proceedings of each meeting, which record shall include the names of members present and the actions taken. Such records shall be kept on file with the department, and these records and other documents about matters within the jurisdiction of the coordinating council shall be subject to inspection by the members of the coordinating council.

(4)  PURPOSE AND RESPONSIBILITIES.--The purpose of the coordinating council is to establish positive interagency cooperation to foster the development of the state's aquaculture industry. In carrying out this purpose, the coordinating council shall:

(a)  Serve as a forum for the discussion and study of governmental regulations relating to aquaculture.

(b)  Review and discuss aquaculture issues developed by the Aquaculture Review Council.

(c)  Formulate responses to industry issues, as presented by the Aquaculture Review Council, which include solutions and policy alternatives to facilitate aquaculture development.

(d)  Review the recommendations for short-term research projects submitted to the commissioner by the Aquaculture Review Council. The coordinating council shall forward any pertinent comments to the commissioner.

(e)  Review the results of the aquaculture research projects funded by the department.

(f)  Establish and maintain effective and cooperative linkages between member agencies, the Aquaculture Review Council, and public and private institutional research, extension, and service programs, so that recommendations for improvement are responsive to the needs of aquaculture.

(g)  Prepare an annual report to be submitted by December 1 of each year to the Governor, the President of the Senate, the Speaker of the House of Representatives, the chairs of the legislative appropriations and agriculture committees, and the heads of each agency represented on the coordinating council. This report shall describe all actions and include all recommendations of the coordinating council, as well as the responsive actions taken by the agencies. This report shall provide a list of all aquaculture activities undertaken by member agencies. The list shall include the needs each activity is designed to address, the results, the funds expended on each activity, and the source of those funds.

(h)  Develop guidelines for use by member agencies when reporting any aquaculture activities.

History.--ss. 6, 8, ch. 84-90; ss. 4, 5, 6, ch. 88-377; s. 6, ch. 90-92; s. 12, ch. 91-187; ss. 5, 6, ch. 93-152; s. 468, ch. 94-356.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.