The Florida Senate

597.004  Aquaculture certificate of registration.--

(1)  CERTIFICATION.--Any person engaging in 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)  Actual physical street address for each aquaculture facility.

(f)  Description of production facilities.

(g)  Aquaculture products to be produced.

(h)  One-hundred dollar annual registration fee.

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

(2)  RULES.--

(a)  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 holders of aquaculture certificates of registration.

2.  Establish procedures for holders of aquaculture certificates of registration 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. Interim measures may include the continuation of regulatory requirements in effect on June 30, 1998.

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

(b)  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 holder of an aquaculture certificate of registration:

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 holder of an aquaculture certificate of registration 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)  This section does not limit federally delegated regulatory authority.

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

(g)  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 this section. This chapter does not supersede the authority under ¹chapter 372 to regulate alligator farms and alligator farmers.

(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.

(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, and any fish of the genus Micropterus, and prohibited and restricted freshwater and marine species identified by rules of the Fish and Wildlife Conservation Commission, may be sold by an aquaculture producer certified pursuant to s. 597.004 without restriction so long as product origin can be identified.

(b)  Aquaculture shellfish must be sold and handled in accordance with s. 597.020

(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 not to exceed 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.

(c)  Any person whose certificate of registration has been revoked or suspended must reapply to the department for certification.

History.--s. 27, ch. 96-247; s. 54, ch. 97-98; s. 26, ch. 98-333; s. 11, ch. 99-390; s. 78, ch. 2000-158; s. 27, ch. 2000-364; s. 9, ch. 2008-107.

¹Note.--Transferred to chapter 379 by ch. 2008-247.