Senate Bill 1506e1

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  1                      A bill to be entitled

  2         An act relating to marine resources; amending

  3         s. 253.72, F.S.; amending s. 370.01, F.S.;

  4         defining food fish for human consumption;

  5         providing restrictions for certain areas for

  6         harvesting shellfish; amending s. 370.06, F.S.;

  7         providing an exemption for totally disabled

  8         residents for a restricted species endorsement;

  9         providing qualifications for the issuance of a

10         marine life endorsement on a saltwater products

11         license; providing for a moratorium on the

12         issuance of endorsements; providing for the

13         transfer and reissuance of endorsements;

14         providing for a report; amending s. 370.0608,

15         F.S.; revising the distribution of funds

16         collected from the sale of recreational

17         saltwater fishing licenses; amending s.

18         370.092, F.S.; creating a major violation for

19         the possession of specified nets on certain

20         vessels; providing specific rulemaking

21         authority for the regulation of nets on boats

22         of a specific length; directing the Marine

23         Fisheries Commission to adopt rules prohibiting

24         the possession and sale of mullet taken in

25         illegal gill or entangling nets; providing a

26         penalty for violations; prohibiting the use of

27         certain nets composed of specified materials;

28         providing a definition; amending s. 370.093,

29         F.S.; authorizing the Marine Fisheries

30         Commission to adopt rules implementing s.

31         370.093, F.S.; amending s. 370.1405, F.S.;


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  1         authorizing the Department of Environmental

  2         Protection to adopt certain rules; amending s.

  3         370.142, F.S.; providing for a surcharge to be

  4         assessed upon the initial transfer of a

  5         transferable crawfish trap certificate outside

  6         the original transferor's immediate family;

  7         prohibiting the lease of lobster trap

  8         certificates after July 1, 1998; providing

  9         additional penalties for violations relating to

10         traps; providing for the continuation of the

11         Marine Fisheries Commission notwithstanding its

12         scheduled abolition; amending s. 370.13, F.S.;

13         restricting the issuance of stone crab trap

14         numbers until July 1, 2000; providing for

15         renewal under certain circumstances; amending

16         s. 370.135, F.S.; restricting the issuance of

17         new blue crab endorsements for a certain period

18         of time; providing for renewal or replacement

19         under certain circumstances; amending s.

20         370.021, F.S.; providing additional penalties

21         for violations involving buying saltwater

22         products from an unlicensed seller or the sale

23         of saltwater products by an unlicensed seller;

24         authorizing the suspension, revocation, or

25         denial of renewal of licenses for specified

26         major violations involving finfish, shrimp,

27         marine life species, crawfish, stone crabs, and

28         blue crabs; requiring clerks of courts to

29         certify the final disposition of specified

30         court proceedings to the Department of

31         Environmental Protection; amending s. 370.07,


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  1         F.S.; authorizing the sharing of wholesale

  2         saltwater products dealer reports with other

  3         states under specified conditions; providing

  4         civil penalties for violation of recordkeeping

  5         and reporting requirements; prohibiting a

  6         licensed retail dealer or a licensed restaurant

  7         from buying saltwater products from any person

  8         other than a licensed wholesale or retail

  9         dealer; repealing s. 370.1127, F.S., relating

10         to mullet regulation west of the Ochlockonee

11         River; providing an effective date.

12

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

14

15         Section 1.  Subsection (3) is added to section 253.72,

16  Florida Statutes, to read:

17         253.72  Marking of leased areas; restrictions on public

18  use.--

19         (3)  To assist in protecting shellfish aquaculture

20  products produced on leases authorized pursuant to this

21  chapter and chapter 370, harvesting shellfish is prohibited

22  within a distance of 25 feet outside lawfully marked lease

23  boundaries or within setback and access corridors within

24  specifically designated high-density aquaculture lease areas

25  and aquaculture use zones.

26         Section 2.  Subsection (12) of section 370.01, Florida

27  Statutes, is amended to read:

28         370.01  Definitions.--In construing these statutes,

29  where the context does not clearly indicate otherwise, the

30  word, phrase, or term:

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  1         (12)  "Food fish" shall include mullet, trout, redfish,

  2  sheepshead, pompano, mackerel, bluefish, red snapper, grouper,

  3  black drum, jack crevalle, and all other fish generally used

  4  for human consumption.

  5         Section 3.  Subsection (2) of section 370.06, Florida

  6  Statutes, is amended to read:

  7         370.06  Licenses.--

  8         (2)  SALTWATER PRODUCTS LICENSE.--

  9         (a)  Every person, firm, or corporation that sells,

10  offers for sale, barters, or exchanges for merchandise any

11  saltwater products, or which harvests saltwater products with

12  certain gear or equipment as specified by law, must have a

13  valid saltwater products license, except that the holder of an

14  aquaculture certificate is not required to purchase and

15  possess a saltwater products license in order to possess,

16  transport, or sell marine aquaculture products.  Each

17  saltwater products license allows the holder to engage in any

18  of the activities for which the license is required. The

19  license must be in the possession of the licenseholder or

20  aboard the vessel and shall be subject to inspection at any

21  time that harvesting activities for which a license is

22  required are being conducted. A restricted species endorsement

23  on the saltwater products license is required to sell to a

24  licensed wholesale dealer those species which the state, by

25  law or rule, has designated as "restricted species." This

26  endorsement may be issued only to a person who is at least 16

27  years of age, or to a firm certifying that over 25 percent of

28  its income or $5,000 of its income, whichever is less, is

29  attributable to the sale of saltwater products pursuant to a

30  license issued under this paragraph or a similar license from

31  another state. This endorsement may also be issued to a


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  1  for-profit corporation if it certifies that at least $5,000 of

  2  its income is attributable to the sale of saltwater products

  3  pursuant to a license issued under this paragraph or a similar

  4  license from another state. However, if at least 50 percent of

  5  the annual income of a person, firm, or for-profit corporation

  6  is derived from charter fishing, the person, firm, or

  7  for-profit corporation must certify that at least $2,500 of

  8  the income of the person, firm, or corporation is attributable

  9  to the sale of saltwater products pursuant to a license issued

10  under this paragraph or a similar license from another state,

11  in order to be issued the endorsement. Such income attribution

12  must apply to at least 1 year out of the last 3 years. For the

13  purpose of this section "income" means that income which is

14  attributable to work, employment, entrepreneurship, pensions,

15  retirement benefits, and social security benefits.

16         1.  The department is authorized to require

17  verification of such income. Acceptable proof of income earned

18  from the sale of saltwater products shall be:

19         a.  Copies of trip ticket records generated pursuant to

20  this subsection (marine fisheries information system),

21  documenting qualifying sale of saltwater products;

22         b.  Copies of sales records from locales other than

23  Florida documenting qualifying sale of saltwater products;

24         c.  A copy of the applicable federal income tax return,

25  including Form 1099 attachments, verifying income earned from

26  the sale of saltwater products;

27         d.  Crew share statements verifying income earned from

28  the sale of saltwater products; or

29         e.  A certified public accountant's notarized statement

30  attesting to qualifying source and amount of income.

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  1  Any provision of this section or any other section of the

  2  Florida Statutes to the contrary notwithstanding, any person

  3  who owns a retail seafood market and/or restaurant at a fixed

  4  location for at least 3 years who has had an occupational

  5  license for 3 years prior to January 1, 1990, who harvests

  6  saltwater products to supply his or her retail store and has

  7  had a saltwater products license for 1 of the past 3 years

  8  prior to January 1, 1990, may provide proof of his or her

  9  verification of income and sales value at the person's retail

10  seafood market and/or restaurant and in his or her saltwater

11  products enterprise by affidavit and shall thereupon be issued

12  a restricted species endorsement.

13         2.  Exceptions from income requirements shall be as

14  follows:

15         a.  A permanent restricted species endorsement shall be

16  available to those persons age 62 and older who have qualified

17  for such endorsement for at least 3 out of the last 5 years.

18         b.  Active military duty time shall be excluded from

19  consideration of time necessary to qualify and shall not be

20  counted against the applicant for purposes of qualifying.

21         c.  Upon the sale of a used commercial fishing vessel

22  owned by a person, firm, or corporation possessing or eligible

23  for a restricted species endorsement, the purchaser of such

24  vessel shall be exempted from the qualifying income

25  requirement for the purpose of obtaining a restricted species

26  endorsement for a period of 1 year after purchase of the

27  vessel.

28         d.  Upon the death or permanent disablement of a person

29  possessing a restricted species endorsement, an immediate

30  family member wishing to carry on the fishing operation shall

31  be exempted from the qualifying income requirement for the


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  1  purpose of obtaining a restricted species endorsement for a

  2  period of 1 year after the death or disablement.

  3         e.  A restricted species endorsement may be issued on

  4  an individual saltwater products license to a person age 62 or

  5  older who documents that at least $2,500 is attributable to

  6  the sale of saltwater products pursuant to the provisions of

  7  this paragraph.

  8         f.  A permanent restricted species endorsement may also

  9  be issued on an individual saltwater products license to a

10  person age 70 or older who has held a saltwater products

11  license for at least 3 of the last 5 license years.

12         g.  Any resident who is certified to be totally and

13  permanently disabled by a verified written statement, based

14  upon the criteria for permanent total disability in chapter

15  440 from a physician licensed in this state, by any branch of

16  the United States Armed Services, by the Social Security

17  Administration, or by the United States Department of Veterans

18  Affairs or its predecessor, or any resident who holds a valid

19  identification card issued by the Department of Veterans'

20  Affairs pursuant to s. 295.17, shall be exempted from the

21  income requirements if he or she also has held a saltwater

22  products license for at least 3 of the last 5 license years

23  prior to the date of the disability. A Disability Award Notice

24  issued by the United States Social Security Administration is

25  not sufficient certification for a resident to obtain the

26  income exemption unless the notice certifies that the resident

27  is totally and permanently disabled.

28

29  At least one saltwater products license bearing a restricted

30  species endorsement shall be aboard any vessel harvesting

31  restricted species in excess of any bag limit or when fishing


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  1  under a commercial quota or in commercial quantities, and such

  2  vessel shall have a commercial vessel registration. This

  3  subsection does not apply to any person, firm, or corporation

  4  licensed under s. 370.07(1)(a)1. or (b) for activities

  5  pursuant to such licenses. A saltwater products license may be

  6  issued in the name of an individual or a valid boat

  7  registration number. Such license is not transferable. A decal

  8  shall be issued with each saltwater products license issued to

  9  a valid boat registration number. The saltwater products

10  license decal shall be the same color as the vessel

11  registration decal issued each year pursuant to s. 327.11(7)

12  and shall indicate the period of time such license is valid.

13  The saltwater products license decal shall be placed beside

14  the vessel registration decal and, in the case of an

15  undocumented vessel, shall be placed so that the vessel

16  registration decal lies between the vessel registration number

17  and the saltwater products license decal. Any saltwater

18  products license decal for a previous year shall be removed

19  from a vessel operating on the waters of the state. A resident

20  shall pay an annual license fee of $50 for a saltwater

21  products license issued in the name of an individual or $100

22  for a saltwater products license issued to a valid boat

23  registration number. A nonresident shall pay an annual license

24  fee of $200 for a saltwater products license issued in the

25  name of an individual or $400 for a saltwater products license

26  issued to a valid boat registration number. An alien shall pay

27  an annual license fee of $300 for a saltwater products license

28  issued in the name of an individual or $600 for a saltwater

29  products license issued to a valid boat registration number.

30  Any person who sells saltwater products pursuant to this

31  license may sell only to a licensed wholesale dealer. A


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    CS for SB 1506                                 First Engrossed



  1  saltwater products license must be presented to the licensed

  2  wholesale dealer each time saltwater products are sold, and an

  3  imprint made thereof. The wholesale dealer shall keep records

  4  of each transaction in such detail as may be required by rule

  5  of the Department of Environmental Protection not in conflict

  6  with s. 370.07(6), and shall provide the holder of the

  7  saltwater products license with a copy of the record. It is

  8  unlawful for any licensed wholesale dealer to buy saltwater

  9  products from any unlicensed person under the provisions of

10  this section, except that a licensed wholesale dealer may buy

11  from another licensed wholesale dealer. It is unlawful for any

12  licensed wholesale dealer to buy saltwater products designated

13  as "restricted species" from any person, firm, or corporation

14  not possessing a restricted species endorsement on his or her

15  saltwater products license under the provisions of this

16  section, except that a licensed wholesale dealer may buy from

17  another licensed wholesale dealer. The Department of

18  Environmental Protection shall be the licensing agency, may

19  contract with private persons or entities to implement aspects

20  of the licensing program, and shall establish by rule a marine

21  fisheries information system in conjunction with the licensing

22  program to gather fisheries data.

23         (b)  Any person who sells, offers for sale, barters, or

24  exchanges for merchandise saltwater products must have a

25  method of catch preservation which meets the requirements and

26  standards of the seafood quality control code promulgated by

27  the Department of Environmental Protection.

28         (c)  A saltwater products license is required to

29  harvest commercial quantities of saltwater products.  Any

30  vessel from which commercial quantities of saltwater products

31  are harvested must have a commercial vessel registration.


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  1  Commercial quantities of saltwater products shall be defined

  2  as:

  3         1.  With respect to those species for which no bag

  4  limit has been established, more than 100 pounds per person

  5  per day, provided that the harvesting of two fish or less per

  6  person per day shall not be considered commercial quantities

  7  regardless of aggregate weight; and

  8         2.  With respect to those species for which a bag limit

  9  has been established, more than the bag limit allowed by law

10  or rule.

11         (d)1.  In addition to the saltwater products license, a

12  marine life fishing endorsement is shall be required for the

13  harvest of marine life species as defined by rule of the

14  Marine Fisheries Commission. This endorsement may be issued

15  only to a person who is at least 16 years of age or older or

16  to a corporation holding a valid restricted species

17  endorsement.

18         2.a.  Effective July 1, 1998, and until July 1, 2002, a

19  marine life endorsement may not be issued under this

20  paragraph, except that those endorsements that are active

21  during the 1997-1998 fiscal year may be renewed.

22         b.  In 1998 persons or corporations holding a marine

23  life endorsement that was active in the 1997-1998 fiscal year

24  or an immediate family member of that person must request

25  renewal of the marine life endorsement before December 31,

26  1998.

27         c.  In subsequent years and until July 1, 2002, a

28  marine life endorsement holder or member of his or her

29  immediate family must request renewal of the marine life

30  endorsement before September 30 of each year.

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  1         d.  If a person or corporation holding an active marine

  2  life fishing endorsement or a member of that person's

  3  immediate family does not request renewal of the endorsement

  4  before the applicable dates specified in this paragraph, the

  5  department shall deactivate that marine life fishing

  6  endorsement.

  7         e.  In the event of the death or disability of a person

  8  holding an active marine life fishing endorsement, the

  9  endorsement may be transferred by the person to a member of

10  his or her immediate family or may be renewed by any person so

11  designated by the executor of the person's estate.

12         f.  Persons or corporations who hold saltwater product

13  licenses with marine life fishing endorsements issued to their

14  vessel registration numbers and who subsequently replace their

15  existing vessels with new vessels may transfer the existing

16  marine life fishing endorsement to the new boat registration

17  numbers.

18         g.  Persons or corporations who hold saltwater product

19  licenses with marine life fishing endorsements issued to their

20  name and who subsequently incorporate or unincorporate may

21  transfer the existing marine life fishing endorsement to the

22  new corporation or person.

23         h.  By July 1, 2000, the Marine Fisheries Commission

24  shall prepare a report regarding options for the establishment

25  of a limited-entry program for the marine life fishery and

26  submit the report to the Governor, the President of the

27  Senate, the Speaker of the House of Representatives, and the

28  chairs of the Senate and House committees having jurisdiction

29  over marine resources.

30         3.2.  The fee for a marine life fishery endorsement on

31  a saltwater products license shall be $75.  These license fees


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    CS for SB 1506                                 First Engrossed



  1  shall be collected and deposited in the Marine Resources

  2  Conservation Trust Fund and used for the purchase and

  3  installation of vessel mooring buoys at coral reef sites and

  4  for research related to marine fisheries.

  5         Section 4.  Subsection (1) of section 370.0608, Florida

  6  Statutes, is amended to read:

  7         370.0608  Deposit of license fees; allocation of

  8  federal funds.--

  9         (1)  All license fees collected pursuant to s. 370.0605

10  shall be deposited into the Marine Resources Conservation

11  Trust Fund, to be used as follows:

12         (a)  Not more than 5 2.5 percent of the total fees

13  collected shall be for the Marine Fisheries Commission to be

14  used to carry out the responsibilities of the commission and

15  to provide for the award of funds to marine research

16  institutions in this state for the purposes of enabling such

17  institutions to conduct worthy marine research projects.

18         (b)  Not less than 2.5 percent of the total fees

19  collected shall be used for aquatic education purposes.

20         (c)1.  The remainder of such fees shall be used by the

21  department for the following program functions:

22         a.  Not more than 5 percent of the total fees

23  collected, for administration of the licensing program and for

24  information and education.

25         b.  Not more than 30 percent of the total fees

26  collected, for law enforcement.

27         c.  Not less than 27.5 30 percent of the total fees

28  collected, for marine research.

29         d.  Not less than 30 percent of the total fees

30  collected, for fishery enhancement, including, but not limited

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    CS for SB 1506                                 First Engrossed



  1  to, fishery statistics development, artificial reefs, and fish

  2  hatcheries.

  3         2.  The Legislature shall annually appropriate to the

  4  Department of Environmental Protection from the General

  5  Revenue Fund for the activities and programs specified in

  6  subparagraph 1. at least the same amount of money as was

  7  appropriated to the department from the General Revenue Fund

  8  for such activities and programs for fiscal year 1988-1989,

  9  and the amounts appropriated to the department for such

10  activities and programs from the Marine Resources Conservation

11  Trust Fund shall be in addition to the amount appropriated to

12  the department for such activities and programs from the

13  General Revenue Fund. The proceeds from recreational saltwater

14  fishing license fees paid by fishers shall only be

15  appropriated to the Department of Environmental Protection.

16         Section 5.  Subsection (3) of section 370.092, Florida

17  Statutes, is amended to read:

18         370.092  Carriage of proscribed nets across Florida

19  waters.--

20         (3)(a)  Notwithstanding subsections (1) and (2), unless

21  authorized by rule of the Marine Fisheries Commission, it is a

22  major violation under this section, punishable as provided in

23  subsection (4), for any person, firm, or corporation to

24  possess any gill or entangling net, or any seine net larger

25  than 500 square feet in mesh area, on any airboat or on any

26  other vessel less than 22 feet in length and on any vessel

27  less than 25 feet if primary power of the vessel is mounted

28  forward of the vessel center point. Gill or entangling nets

29  shall be as defined in s. 16, Art. X of the State

30  Constitution, s. 370.093(2)(b), or in a rule of the Marine

31  Fisheries Commission implementing s. 16, Art. X of the State


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  1  Constitution. Vessel length shall be determined in accordance

  2  with current U.S. Coast Guard regulations specified in the

  3  Code of Federal Regulations or as titled by the State of

  4  Florida. The Marine Fisheries Commission is directed to

  5  initiate by July 1, 1998, rulemaking to adjust by rule the use

  6  of gear on vessels longer than 22 feet where the primary power

  7  of the vessel is mounted forward of the vessel center point in

  8  order to prevent the illegal use of gill and entangling nets

  9  in state waters and to provide reasonable opportunities for

10  the use of legal net gear in adjacent federal waters.

11         (b)(a)  It shall be a major violation pursuant to this

12  section and shall be punished as provided in subsection (4)

13  for any person, firm, or corporation to be simultaneously in

14  possession of any species of mullet in excess of the

15  recreational daily bag limit and any gill or other entangling

16  net as defined in s. 16(c), Art. X of the State Constitution.

17  Simultaneous possession under this provision shall include

18  possession of mullet and gill or other entangling nets on

19  separate vessels or vehicles where such vessels or vehicles

20  are operated in coordination with one another including

21  vessels towed behind a main vessel. This subsection does not

22  prohibit a resident of this state from transporting on land,

23  from Alabama to this state, a commercial quantity of mullet

24  together with a gill net if:

25         1.  The person possesses a valid commercial fishing

26  license that is issued by the State of Alabama and that allows

27  the person to use a gill net to legally harvest mullet in

28  commercial quantities from Alabama waters.

29         2.  The person possesses a trip ticket issued in

30  Alabama and filled out to match the quantity of mullet being

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  1  transported, and the person is able to present such trip

  2  ticket immediately upon entering this state.

  3         3.  The mullet are to be sold to a wholesale saltwater

  4  products dealer located in Escambia County or Santa Rosa

  5  County, which dealer also possesses a valid seafood dealer's

  6  license issued by the State of Alabama. The dealer's name must

  7  be clearly indicated on the trip ticket.

  8         4.  The mullet being transported are totally removed

  9  from any net also being transported.

10         (c)(b)  It shall be a major violation pursuant to this

11  section for any person to be in possession of any species of

12  trout, snook, or redfish which is three fish in excess of the

13  recreational or commercial daily bag limit.

14         (d)  The Marine Fisheries Commission shall adopt rules

15  to prohibit the possession and sale of mullet taken in illegal

16  gill or entangling nets. Violations of such rules shall be

17  punishable as provided in subsection (4).

18         Section 6.  Section 370.093, Florida Statutes, is

19  amended to read:

20         370.093  Illegal use of nets.--

21         (1)  It is unlawful to take or harvest, or to attempt

22  to take or harvest, any marine life in Florida waters with any

23  net that is not consistent with the provisions of s. 16, Art.

24  X of the State Constitution.

25         (2)(a)  Beginning July 1, 1998, it is also unlawful to

26  take or harvest, or to attempt to take or harvest, any marine

27  life in Florida waters with any net, as defined in subsection

28  (3) and any attachments to such net, that combined are larger

29  than 500 square feet and have not been expressly authorized

30  for such use by rule of the Marine Fisheries Commission under

31  s. 370.027.  The use of currently legal shrimp trawls and


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  1  purse seines outside nearshore and inshore Florida waters

  2  shall continue to be legal until the commission implements

  3  rules regulating those types of gear.

  4         (b)  The use of gill or entangling nets of any size is

  5  prohibited, as such nets are defined in s. 16, Art. X of the

  6  State Constitution.  Any net constructed wholly or partially

  7  of monofilament or multistrand monofilament multifilament

  8  material, other than a hand thrown cast net, or a handheld

  9  landing or dip net, shall be considered to be an entangling

10  net within the prohibition of s. 16, Art. X of the State

11  Constitution unless specifically authorized by rule of the

12  commission. Multistrand monofilament Multifilament material

13  shall not be defined to include nets constructed of braided or

14  twisted nylon, cotton, linen twine, or polypropylene twine.

15         (c)  This subsection shall not be construed to apply to

16  aquaculture activities licenses issued pursuant to s. 370.26.

17         (3)  As used in s. 16, Art. X of the State Constitution

18  and this subsection, the term "net" or "netting" must be

19  broadly construed to include all manner or combination of mesh

20  or webbing or any other solid or semisolid fabric or other

21  material used to comprise a device that is used to take or

22  harvest marine life.

23         (4)  Upon the arrest of any person for violation of

24  this subsection, the arresting officer shall seize the nets

25  illegally used. Upon conviction of the offender, the arresting

26  authority shall destroy the nets.

27         (5)  Any person who violates this section shall be

28  punished as provided in s. 370.092(4).

29         (6)  The Marine Fisheries Commission is granted

30  authority to adopt rules pursuant to ss. 370.025 and 370.027

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    CS for SB 1506                                 First Engrossed



  1  implementing this section and the prohibitions and

  2  restrictions of s. 16, Art. X of the State Constitution.

  3         Section 7.  Subsection (2) of section 370.142, Florida

  4  Statutes, is amended to read:

  5         370.142  Spiny lobster trap certificate program.--

  6         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

  7  PENALTIES.--The Department of Environmental Protection shall

  8  establish a trap certificate program for the spiny lobster

  9  fishery of this state and shall be responsible for its

10  administration and enforcement as follows:

11         (a)  Transferable trap certificates.--Each holder of a

12  saltwater products license who uses traps for taking or

13  attempting to take spiny lobsters shall be required to have a

14  certificate on record for each trap possessed or used

15  therefor, except as otherwise provided in this section.

16         1.  The department shall initially allot such

17  certificates to each licenseholder with a current crawfish

18  trap number who uses traps.  The number of such certificates

19  allotted to each such licenseholder shall be based on the

20  trap/catch coefficient established pursuant to trip ticket

21  records generated under the provisions of s. 370.06(2)(a) over

22  a 3-year base period ending June 30, 1991. The trap/catch

23  coefficient shall be calculated by dividing the sum of the

24  highest reported single license-year landings up to a maximum

25  of 30,000 pounds for each such licenseholder during the base

26  period by 700,000. Each such licenseholder shall then be

27  allotted the number of certificates derived by dividing his or

28  her highest reported single license-year landings up to a

29  maximum of 30,000 pounds during the base period by the

30  trap/catch coefficient. Nevertheless, no licenseholder with a

31  current crawfish trap number shall be allotted fewer than 10


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    CS for SB 1506                                 First Engrossed



  1  certificates. However, certificates may only be issued to

  2  individuals; therefore, all licenseholders other than

  3  individual licenseholders shall designate the individual or

  4  individuals to whom their certificates will be allotted and

  5  the number thereof to each, if more than one. After initial

  6  issuance, trap certificates are transferable on a market basis

  7  and may be transferred from one licenseholder to another for a

  8  fair market value agreed upon between the transferor and

  9  transferee. Each such transfer shall, within 72 hours thereof,

10  be recorded on a notarized form provided for that purpose by

11  the department and hand delivered or sent by certified mail,

12  return receipt requested, to the department for recordkeeping

13  purposes. In addition, in order to cover the added

14  administrative costs of the program and to recover an

15  equitable natural resource rent for the people of the state, a

16  transfer fee of $2 per certificate transferred shall be

17  assessed against the purchasing licenseholder and sent by

18  money order or cashier's check with the certificate transfer

19  form. Also, in addition to the transfer fee, a surcharge of $5

20  per certificate transferred or 25 percent of the actual fair

21  market value, whichever is greater, given to the transferor

22  shall be assessed the first time a certificate is transferred

23  outside the original transferor's immediate family. No

24  transfer of a certificate shall be effective until the

25  department receives the notarized transfer form and the

26  transfer fee, including any surcharge, is paid.  The

27  department may establish by rule an amount of equitable rent

28  per trap certificate that shall be recovered as partial

29  compensation to the state for the enhanced access to its

30  natural resources. In determining whether to establish such a

31  rent and, if so, the amount thereof, the department shall


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    CS for SB 1506                                 First Engrossed



  1  consider the amount of revenues annually generated by

  2  certificate fees, transfer fees, surcharges, trap license

  3  fees, and sales taxes, the demonstrated fair market value of

  4  transferred certificates, and the continued economic viability

  5  of the commercial lobster industry. The proceeds of equitable

  6  rent recovered shall be deposited in the Marine Resources

  7  Conservation Trust Fund and used by the department for

  8  research, management, and protection of the spiny lobster

  9  fishery and habitat.

10         2.  No person, firm, corporation, or other business

11  entity may control, directly or indirectly, more than 1.5

12  percent of the total available certificates in any license

13  year.

14         3.  The department shall maintain records of all

15  certificates and their transfers and shall annually provide

16  each licenseholder with a statement of certificates held.

17         4.  The number of trap tags issued annually to each

18  licenseholder shall not exceed the number of certificates held

19  by the licenseholder at the time of issuance, and such tags

20  and a statement of certificates held shall be issued

21  simultaneously.

22         5.  Beginning July 1, 2003, and applicable to the

23  2003-2004 lobster season and thereafter, it is unlawful for

24  any person to lease lobster trap tags or certificates.

25         (b)  Trap tags.--Each trap used to take or attempt to

26  take spiny lobsters in state waters or adjacent federal waters

27  shall, in addition to the crawfish trap number required by s.

28  370.14(2), have affixed thereto an annual trap tag issued by

29  the department. Each such tag shall be made of durable plastic

30  or similar material and shall, beginning with those tags

31  issued for the 1993-1994 season based on the number of


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    CS for SB 1506                                 First Engrossed



  1  certificates held, have stamped thereon the owner's license

  2  number. To facilitate enforcement and recordkeeping, such tags

  3  shall be issued each year in a color different from that of

  4  each of the previous 3 years. A fee of 50 cents per tag issued

  5  other than on the basis of a certificate held shall be

  6  assessed through March 31, 1993. Until 1995, an annual fee of

  7  50 cents per certificate shall be assessed, and thereafter,

  8  until 1998, an annual fee of 75 cents per certificate shall be

  9  assessed upon issuance in order to recover administrative

10  costs of the tags and the certificate program. Beginning in

11  1998, the annual certificate fee shall be $1 per certificate.

12  Replacement tags for lost or damaged tags may be obtained as

13  provided by rule of the department.

14         (c)  Prohibitions; penalties.--

15         1.  It is unlawful for a person to possess or use a

16  spiny lobster trap in or on state waters or adjacent federal

17  waters without having affixed thereto the trap tag required by

18  this section.  It is unlawful for a person to possess or use

19  any other gear or device designed to attract and enclose or

20  otherwise aid in the taking of spiny lobster by trapping that

21  is not a trap as defined in rule 46-24.006(2), Florida

22  Administrative Code.

23         2.  It is unlawful for a person to possess or use spiny

24  lobster trap tags without having the necessary number of

25  certificates on record as required by this section.

26         3.  In addition to any other penalties provided in s.

27  370.021 Unless otherwise provided in this section, a

28  commercial harvester, as defined by rule 46-24.002(1), Florida

29  Administrative Code, who violates the provisions of this

30  section, or the provisions relating to traps of chapter 46-24,

31  Florida Administrative Code, shall be punished as follows:


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    CS for SB 1506                                 First Engrossed



  1         a.  If the first violation is for violation of

  2  subparagraph 1. or subparagraph 2., the department shall

  3  assess an additional a civil penalty of up to $1,000 and the

  4  crawfish trap number issued pursuant to s. 370.14(2) or (7)

  5  may be suspended for the remainder of the current license

  6  year. For all other first violations, the department shall

  7  assess an additional a civil penalty of up to $500.

  8         b.  For a second violation of subparagraph 1. or

  9  subparagraph 2. which occurs within 24 months of any previous

10  such violation, the department shall assess an additional a

11  civil penalty of up to $2,000 and the crawfish trap number

12  issued pursuant to s. 370.14(2) or (7) may be suspended for

13  the remainder of the current license year.

14         c.  For a third or subsequent violation of subparagraph

15  1. or subparagraph 2. which occurs within 36 months of any

16  previous two such violations, the department shall assess an

17  additional a civil penalty of up to $5,000 and may suspend the

18  crawfish trap number issued pursuant to s. 370.14(2) or (7)

19  for a period of up to 24 months or may revoke the crawfish

20  trap number and, if revoking the crawfish trap number, may

21  also proceed against the licenseholder's saltwater products

22  license in accordance with the provisions of s. 370.021(2)(e).

23         d.  Any person assessed an additional a civil penalty

24  pursuant to this section shall within 30 calendar days after

25  notification:

26         (I)  Pay the civil penalty to the department; or

27         (II)  Request an administrative hearing pursuant to the

28  provisions of s. 120.60.

29         e.  The department shall suspend the crawfish trap

30  number issued pursuant to s. 370.14(2) or (7) for any person

31  failing to comply with the provisions of sub-subparagraph d.


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    CS for SB 1506                                 First Engrossed



  1         4.a.  It is unlawful for any person to make, alter,

  2  forge, counterfeit, or reproduce a spiny lobster trap tag or

  3  certificate.

  4         b.  It is unlawful for any person to knowingly have in

  5  his or her possession a forged, counterfeit, or imitation

  6  spiny lobster trap tag or certificate.

  7         c.  It is unlawful for any person to barter, trade,

  8  sell, supply, agree to supply, aid in supplying, or give away

  9  a spiny lobster trap tag or certificate or to conspire to

10  barter, trade, sell, supply, aid in supplying, or give away a

11  spiny lobster trap tag or certificate unless such action is

12  duly authorized by the department as provided in this chapter

13  or in the rules of the department.

14         5.a.  Any person who violates the provisions of

15  subparagraph 4., or any person who engages in the commercial

16  harvest, trapping, or possession of spiny lobster without a

17  crawfish trap number as required by s. 370.14(2) or (7) or

18  during any period while such crawfish trap number is under

19  suspension or revocation, commits a felony of the third

20  degree, punishable as provided in s. 775.082, s. 775.083, or

21  s. 775.084.

22         b.  In addition to any penalty imposed pursuant to

23  sub-subparagraph a., the department shall levy a fine of up to

24  twice the amount of the appropriate surcharge to be paid on

25  the fair market value of the transferred certificates, as

26  provided in subparagraph (a)1., on any person who violates the

27  provisions of sub-subparagraph 4.c.

28         6.  Any certificates for which the annual certificate

29  fee is not paid for a period of 3 years shall be considered

30  abandoned and shall revert to the department. During any

31  period of trap reduction, any certificates reverting to the


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    CS for SB 1506                                 First Engrossed



  1  department shall become permanently unavailable and be

  2  considered in that amount to be reduced during the next

  3  license-year period. Otherwise, any certificates that revert

  4  to the department are to be reallotted in such manner as

  5  provided by the department.

  6         7.  The proceeds of all civil penalties collected

  7  pursuant to subparagraph 3. and all fines collected pursuant

  8  to sub-subparagraph 5.b. shall be deposited into the Marine

  9  Resources Conservation Trust Fund.

10         8.  All traps shall be removed from the water during

11  any period of suspension or revocation.

12         (d)  No vested rights.--The trap certificate program

13  shall not create vested rights in licenseholders whatsoever

14  and may be altered or terminated as necessary to protect the

15  spiny lobster resource, the participants in the fishery, or

16  the public interest.

17         Section 8.  Notwithstanding the provisions of section 2

18  of chapter 94-247, Laws of Florida, the statutory

19  authorization for the creation and functions of the Marine

20  Fisheries Commission contained in sections 370.025-370.028,

21  Florida Statutes, shall not stand repealed as scheduled by

22  those provisions, but shall continue in full force and effect.

23         Section 9.  Section 370.13, Florida Statutes, is

24  amended to read:

25         370.13  Stone crab; regulation.--

26         (1)(a)  It is unlawful for any person, firm, or

27  corporation to catch or have in his or her possession,

28  regardless of where taken, for his or her own use or to sell

29  or offer for sale, any stone crab, or parts thereof, of any

30  size between May 15 and October 15 of each year, except for

31


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    CS for SB 1506                                 First Engrossed



  1  stone crabs, or parts thereof, placed in inventory prior to

  2  May 15 of each year.

  3         (b)  "Stone crab" means the species Menippe mercenaria

  4  or any other species of the family Xanthidae as the Marine

  5  Fisheries Commission may define by rule.

  6         (2)  Upon the arrest and conviction for a major

  7  violation involving stone crabs, the licenseholder must show

  8  just cause why his or her license should not be suspended or

  9  revoked. For the purposes of this subsection, a "major

10  violation" means a major violation as prescribed in s.

11  370.021(2)(c) for illegal stone crabs; any single violation

12  involving possession of more than 25 stone crabs during the

13  closed season or possession of 25 or more whole-bodied or

14  egg-bearing stone crabs; any violation for trap molestation,

15  trap robbing, or pulling traps at night; or any combination of

16  violations in any 3-consecutive-year period wherein more than

17  75 illegal stone crabs in the aggregate are involved.

18         (3)  Any law, general or special, in conflict with

19  provisions of this section is hereby expressly repealed to the

20  extent of such conflict.

21         (4)(a)  It is unlawful for any person to willfully

22  molest any stone crab trap, line, or buoy that is the property

23  of any licenseholder, without the permission of that

24  licenseholder.

25         (b)  Any person who violates paragraph (a) is guilty of

26  a felony of the third degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         (5)  Any gear, equipment, boat, vehicle, or item used

29  in the violation of this section is subject to confiscation.

30  In addition, the Department of Environmental Protection shall

31  revoke the permit of any permitholder convicted of a violation


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    CS for SB 1506                                 First Engrossed



  1  of paragraph (1)(a) for a period of 1 year from the date of

  2  the conviction, and he or she is prohibited during that period

  3  from catching or having in his or her possession any stone

  4  crab for the person's own use or to sell or offer to sell,

  5  whether or not he or she is accompanied by the holder of a

  6  valid permit and regardless of where taken.

  7         (6)(a)  Effective July 1, 1995, and until July 1, 2000

  8  1999, no stone crab trap numbers issued pursuant to rule

  9  46-13.002(2)(e) 46-3.002(2)(f), Florida Administrative Code,

10  except those numbers that are active during the 1994-1995

11  fiscal year, shall be renewed or replaced.

12         (b)  In 1995, persons holding a trap number that was

13  active in the 1994-1995 fiscal year, or an immediate family

14  member of that person, must request renewal of the number

15  prior to December 31, 1995.

16         (c)  In subsequent years and until July 1, 2000 1999, a

17  trap number holder, or members of his or her immediate family,

18  must request renewal of the number prior to September 30 of

19  each year.

20         (d)  If a person holding an active trap number, or a

21  member of that person's immediate family, does not request

22  renewal of the number before the applicable dates as specified

23  in this subsection, the department shall deactivate that trap

24  number.

25         (e)  In the event of the death or disability of a

26  person holding an active stone crab endorsement trap number,

27  the endorsement may be transferred by the person to a member

28  of his or her immediate family or trap number may be renewed

29  by any person so designated by the executor of the person's

30  estate.

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    CS for SB 1506                                 First Engrossed



  1         (f)  Persons who hold saltwater products licenses with

  2  stone crab endorsements issued to their boat registration

  3  numbers and who subsequently replace their existing vessels

  4  with new vessels shall be permitted to transfer the existing

  5  licenses to the new boat registration numbers.

  6         (7)  No person shall harvest stone crabs with more than

  7  five traps, harvest stone crabs in commercial quantities, or

  8  sell stone crabs unless such person holds a valid saltwater

  9  products license with a restricted species endorsement and a

10  stone crab endorsement issued pursuant to this section.

11         (8)(7)  Beginning October 1995, stone crabs shall be

12  designated as a restricted species pursuant to s. 370.01(20).

13         Section 10.  Section 370.135, Florida Statutes, is

14  amended to read:

15         370.135  Blue crab; regulation.--

16         (1)  No person, firm, or corporation shall transport on

17  the water, fish with or cause to be fished with, set, or place

18  any trap designed for taking blue crabs unless such person,

19  firm, or corporation is the holder of a valid saltwater

20  products license issued pursuant to s. 370.06 and the trap has

21  a current state number permanently attached to the buoy. The

22  trap number shall be affixed in legible figures at least 1

23  inch high on each buoy used. The saltwater products license

24  must be on board the boat, and both the license and the crabs

25  shall be subject to inspection at all times.  Only one trap

26  number may be issued for each boat by the department upon

27  receipt of an application on forms prescribed by it.  This

28  subsection shall not apply to an individual fishing with no

29  more than five traps.  It is a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084, for any person willfully to molest any traps, lines,


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    CS for SB 1506                                 First Engrossed



  1  or buoys, as defined herein, belonging to another without

  2  permission of the licenseholder.

  3         (2)  A buoy or a time release buoy shall be attached to

  4  each trap or at each end of a weighted trot line and shall be

  5  of sufficient strength and buoyancy to float and of such

  6  color, hue, and brilliancy to be easily distinguished, seen,

  7  and located.  Such color and trap number shall also be

  8  permanently and conspicuously displayed on the boat used for

  9  setting and collecting said traps and buoys, in the manner

10  prescribed by the Division of Law Enforcement, so as to be

11  readily identifiable from the air and water. This subsection

12  shall not apply to an individual fishing with no more than

13  five traps.

14         (3)  It is unlawful for any person to sell or offer for

15  sale any eggbearing blue crabs. Except when authorized by a

16  special activity license issued by the department pursuant to

17  s. 370.06 for the soft-shell crab or bait trade, it is

18  unlawful for any person to possess for sale blue crabs

19  measuring less than 5 inches from point to point across the

20  carapace in an amount greater than 10 percent of the total

21  number of blue crabs in that person's possession.  Traps may

22  be worked during daylight hours only, and the pulling of traps

23  from 1 hour after official sunset until 1 hour before official

24  sunrise is prohibited.

25         (4)  No person shall harvest blue crabs with more than

26  five traps, harvest blue crabs in commercial quantities, or

27  sell blue crabs unless such person holds a valid saltwater

28  products license with a restricted species endorsement and a

29  blue crab endorsement (trap number) issued pursuant to this

30  subsection.

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    CS for SB 1506                                 First Engrossed



  1         (a)  Effective June 1, 1998, and until July 1, 2002, no

  2  blue crab endorsement (trap number), except those endorsements

  3  that are active during the 1997-1998 fiscal year, shall be

  4  renewed or replaced.

  5         (b)  In 1998, persons holding an endorsement that was

  6  active in the 1997-1998 fiscal year, or an immediate family

  7  member of that person, must request approval of the

  8  endorsement prior to December 31, 1998.

  9         (c)  In subsequent years and until July 1, 2002, a trap

10  number holder, or members of his or her immediate family, must

11  request renewal of the endorsement prior to September 30 of

12  each year.

13         (d)  If a person holding an active blue crab

14  endorsement, or a member of that person's immediate family,

15  does not request renewal of the endorsement before the

16  applicable dates as specified in this subsection, the

17  department shall deactivate that endorsement.

18         (e)  In the event of the death or disability of a

19  person holding an active blue crab endorsement, the

20  endorsement may be transferred by the person to a member of

21  his or her immediate family or may be renewed by any person so

22  designated by the executor of the person's estate.

23         (f)  Persons who hold saltwater products licenses with

24  blue crab endorsements issued to their boat registration

25  numbers and who subsequently replace their existing vessels

26  with new vessels shall be permitted to transfer the existing

27  licenses to the new boat registration numbers.

28         (5)(4)  Upon the arrest and conviction for a major

29  violation involving blue crabs, the licenseholder shall show

30  just cause why his or her saltwater products license should

31  not be suspended or revoked.  This subsection shall not apply


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    CS for SB 1506                                 First Engrossed



  1  to an individual fishing with no more than five traps.  For

  2  the purposes of this subsection, a "major violation" means a

  3  major violation as prescribed in s. 370.021(2)(c) for illegal

  4  blue crabs, any single violation wherein 50 or more illegal

  5  blue crabs are involved, or any combination of violations in

  6  any 3-consecutive-year period wherein more than 100 illegal

  7  blue crabs in the aggregate are involved.

  8         Section 11.  Subsection (4) is added to section

  9  370.021, Florida Statutes, to read:

10         370.021  Administration; rules, publications, records;

11  penalty for violation of chapter; injunctions.--

12         (4)  In addition to being subject to other penalties

13  provided in this chapter, any violation of ss. 370.06 or

14  370.07, or rules of the department implementing ss. 370.06 or

15  370.07, involving buying saltwater products from an unlicensed

16  person, firm, or corporation, shall be a major violation, and

17  the department may assess the following penalties:

18         1.  For a first violation, the department may assess a

19  civil penalty of up to $2,500 and may suspend the wholesale

20  and/or retail dealer's license privileges for up to 90

21  calendar days.

22         2.  For a second violation occurring within 12 months

23  of a prior violation, the department may assess a civil

24  penalty of up to $5,000 and may suspend the wholesale and/or

25  retail dealer's license privileges for up to 180 calendar

26  days.

27         3.  For a third or subsequent violation occurring

28  within a 24 month period, the department shall assess a civil

29  penalty of $5,000 and shall suspend the wholesale and/or

30  retail dealer's license privileges for up to 24 months.

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    CS for SB 1506                                 First Engrossed



  1  Any proceeds from the civil penalties assessed pursuant to

  2  this subsection shall be deposited into the Marine Resources

  3  Conservation Trust Fund and shall be used as follows:  40

  4  percent for administration and processing purposes; and 60

  5  percent for law enforcement purposes.

  6         Section 12.  Subsection (6) of section 370.07, Florida

  7  Statutes, is amended, and subsection (8) is added to that

  8  section to read:

  9         370.07  Wholesale and retail saltwater products

10  dealers; regulation.--

11         (6)  RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

12         (a)  Wholesale dealers shall be required by the

13  department to make and preserve a record of the names and

14  addresses of persons from whom or to whom saltwater products

15  are purchased or sold, the quantity so purchased or sold from

16  or to each vendor or purchaser, and the date of each such

17  transaction. Retail dealers shall be required to make and

18  preserve a record from whom all saltwater products are

19  purchased.  Such record shall be open to inspection at all

20  times by the department.  A report covering the sale of

21  saltwater products shall be made monthly or as often as

22  required by rule to the department by each wholesale dealer.

23  All reports required under this subsection are confidential

24  and shall be exempt from the provisions of s. 119.07(1) except

25  that, pursuant to authority related to interstate fishery

26  compacts as provided by s. 370.19(3) and s. 370.20(3), reports

27  may be shared with another state if that state is a member of

28  an interstate fisheries compact, and if that state has signed

29  a Memorandum of Agreement or a similar instrument agreeing to

30  preserve confidentiality as established by Florida law.

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    CS for SB 1506                                 First Engrossed



  1         (b)  The department may revoke, suspend, or deny the

  2  renewal of the license of any dealer for failure to make and

  3  keep required records, for failure to make required reports,

  4  for failure or refusal to permit the examination of required

  5  records, or for falsifying any such record.  In addition to,

  6  or in lieu of, the penalties penalty imposed pursuant to this

  7  paragraph and s. 370.021, the department may impose against

  8  any person, firm, or corporation who is determined to have

  9  violated any provision of this paragraph or any provisions of

10  any department rules promulgated pursuant to s. 370.0607, the

11  following additional penalties:

12         1.  For the first violation, a civil penalty of up to

13  $1,000;

14         2.  For a second violation committed within 24 months

15  of any previous violation, a civil penalty of up to $2,500;

16  and

17         3.  For a third or subsequent violation committed

18  within 36 months of any previous two violations, a civil

19  penalty of up to $5,000.

20

21  The proceeds of all civil penalties collected pursuant to this

22  subsection shall be deposited into the Marine Resources

23  Conservation Trust Fund and shall be used for administration,

24  auditing, and law enforcement purposes penalties pursuant to

25  s. 370.021.

26         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

27  unlawful for any licensed retail dealer or any restaurant

28  licensed by the Division of Hotels and Restaurants of the

29  Department of Business and Professional Regulation to buy

30  saltwater products from any person other than a licensed

31  wholesale or retail dealer.


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    CS for SB 1506                                 First Engrossed



  1         Section 13.  Subsection (6) is added to section

  2  370.1405, Florida Statutes, to read:

  3         370.1405  Crawfish reports by dealers during closed

  4  season required.--

  5         (6)  The Department of Environmental Protection is

  6  authorized to adopt rules incorporating by reference such

  7  forms as are necessary to implement the provisions of this

  8  section.

  9         Section 14.  Section 370.1127, Florida Statutes, is

10  repealed.

11         Section 15.  This act shall take effect upon becoming a

12  law.

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