CODING: Words stricken are deletions; words underlined are additions.House Bill 1835
Florida House of Representatives - 1997 HB 1835
By the Committee on General Government Appropriations and
Representative K. Pruitt
1 A bill to be entitled
2 An act relating to general government; amending
3 s. 372.672, F.S.; clarifying uses of funds in
4 the Florida Panther Research and Management
5 Trust Fund; amending s. 259.101, F.S., relating
6 to the Florida Preservation 2000 Act; providing
7 funds for the purchase of lands necessary to
8 restore Lake Apopka; amending s. 376.11, F.S.;
9 clarifying uses of funds in the Florida Coastal
10 Protection Trust Fund; amending s. 206.606,
11 F.S.; providing for transfer of certain funds
12 each fiscal year to the water management
13 districts for aquatic plant management;
14 amending ss. 369.20, 369.22, 369.25, 369.251,
15 and 369.252, F.S.; transferring authority for
16 aquatic plant control from the Department of
17 Environmental Protection to the water
18 management districts; amending ss. 403.813,
19 581.145, and 597.004, F.S., to conform;
20 amending s. 253.783, F.S.; eliminating a
21 provision prohibiting use of general revenue
22 funds to repay interest owed to counties of the
23 Cross Florida Barge Canal Navigation District;
24 amending s. 61.1812, F.S.; revising funding and
25 uses of the Child Support Incentive Trust Fund;
26 repealing part III of chapter 585, F.S.,
27 relating to animal and animal product
28 inspection and labeling; repealing s. 205.1951,
29 F.S., relating to prerequisites to issuing a
30 local occupational license, to conform;
31 amending ss. 570.50 and 570.51, F.S., relating
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 to duties of the Division of Food Safety, to
2 conform; repealing ss. 828.22-828.26, F.S.,
3 relating to humane slaughter requirements;
4 amending ss. 877.05 and 877.06, F.S., relating
5 to criminal prohibitions applicable to certain
6 slaughtering, to conform; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (2) of section
12 372.672, Florida Statutes, is amended to read:
13 372.672 Florida Panther Research and Management Trust
14 Fund.--
15 (2) Money from the fund shall be spent only for the
16 following purposes:
17 (a) To manage and protect existing Florida panther
18 populations by increasing panther food sources where food is a
19 limiting factor, determining conflicts between public use and
20 panther survival, and maintaining sufficient genetic
21 variability in existing populations, and enforcing laws
22 necessary to preserve Florida panthers and their habitat.
23 Section 2. Subsection (3) of section 259.101, Florida
24 Statutes, 1996 Supplement, is amended to read:
25 259.101 Florida Preservation 2000 Act.--
26 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
27 costs of issuance, the costs of funding reserve accounts, and
28 other costs with respect to the bonds, the proceeds of bonds
29 issued pursuant to this act shall be deposited into the
30 Florida Preservation 2000 Trust Fund created by s. 375.045.
31 Ten percent of the proceeds of any bonds deposited into the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 Preservation 2000 Trust Fund shall be distributed by the
2 Department of Environmental Protection to the Department of
3 Environmental Protection for the purchase by the South Florida
4 Water Management District of lands in Dade, Broward, and Palm
5 Beach Counties identified in s. 7, chapter 95-349, Laws of
6 Florida. This distribution shall apply for any bond issue for
7 the 1995-1996 fiscal year. For the 1997-1998 and 1998-1999
8 fiscal years only, $20 million per year from the proceeds of
9 any bonds deposited into the Florida Preservation 2000 Trust
10 Fund shall be distributed by the Department of Environmental
11 Protection to the Department of Environmental Protection for
12 the purchase by the St. Johns Water Management District of
13 lands necessary to restore Lake Apopka. The remaining proceeds
14 shall be distributed by the Department of Environmental
15 Protection in the following manner:
16 (a) Fifty percent to the Department of Environmental
17 Protection for the purchase of public lands as described in s.
18 259.032. Of this 50 percent, at least one-fifth shall be used
19 for the acquisition of coastal lands.
20 (b) Thirty percent to the Department of Environmental
21 Protection for the purchase of water management lands pursuant
22 to s. 373.59, to be distributed among the water management
23 districts as provided in that section. Funds received by each
24 district may also be used for acquisition of lands necessary
25 to implement surface water improvement and management plans
26 approved in accordance with s. 373.456 or for acquisition of
27 lands necessary to implement the Everglades Construction
28 Project authorized by s. 373.4592.
29 (c) Ten percent to the Department of Community Affairs
30 to provide land acquisition grants and loans to local
31 governments through the Florida Communities Trust pursuant to
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 part III of chapter 380. From funds allocated to the trust,
2 $3 million annually shall be used by the Green Swamp Land
3 Authority specifically for the purchase through land
4 protection agreements, as defined in s. 380.0677(5), of lands,
5 or severable interests or rights in lands, in the Green Swamp
6 Area of Critical State Concern. From funds allocated to the
7 trust, $3 million annually shall be used by the Monroe County
8 Comprehensive Plan Land Authority specifically for the
9 purchase of any real property interest in either those lands
10 subject to the Rate of Growth Ordinances adopted by local
11 governments in Monroe County or those lands within the
12 boundary of an approved Conservation and Recreation Lands
13 project located within the Florida Keys or Key West Areas of
14 Critical State Concern; however, title to lands acquired
15 within the boundary of an approved Conservation and Recreation
16 Lands project may, in accordance with an approved joint
17 acquisition agreement, vest in the Board of Trustees of the
18 Internal Improvement Trust Fund. Of the remaining funds
19 allocated to the trust after the above transfers occur,
20 one-half shall be matched by local governments on a
21 dollar-for-dollar basis. To the extent allowed by federal
22 requirements for the use of bond proceeds, the trust shall
23 expend Preservation 2000 funds to carry out the purposes of
24 part III of chapter 380.
25 (d) Two and nine-tenths percent to the Department of
26 Environmental Protection for the purchase of inholdings and
27 additions to state parks. For the purposes of this paragraph,
28 "state park" means all real property in the state under the
29 jurisdiction of the Division of Recreation and Parks of the
30 department, or which may come under its jurisdiction.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (e) Two and nine-tenths percent to the Division of
2 Forestry of the Department of Agriculture and Consumer
3 Services to fund the acquisition of state forest inholdings
4 and additions pursuant to s. 589.07.
5 (f) Two and nine-tenths percent to the Game and Fresh
6 Water Fish Commission to fund the acquisition of inholdings
7 and additions to lands managed by the commission which are
8 important to the conservation of fish and wildlife.
9 (g) One and three-tenths percent to the Department of
10 Environmental Protection for the Florida Greenways and Trails
11 Program, to acquire greenways and trails or greenways and
12 trails systems pursuant to chapter 260, including, but not
13 limited to, abandoned railroad rights-of-way and the Florida
14 National Scenic Trail.
15
16 Local governments may use federal grants or loans, private
17 donations, or environmental mitigation funds, including
18 environmental mitigation funds required pursuant to s.
19 338.250, for any part or all of any local match required for
20 the purposes described in this subsection. Bond proceeds
21 allocated pursuant to paragraph (c) may be used to purchase
22 lands on the priority lists developed pursuant to s. 259.035.
23 Title to lands purchased pursuant to paragraphs (a), (d), (e),
24 (f), and (g) shall be vested in the Board of Trustees of the
25 Internal Improvement Trust Fund, except that title to lands,
26 or rights or interests therein, acquired by either the
27 Southwest Florida Water Management District or the St. Johns
28 River Water Management District in furtherance of the Green
29 Swamp Land Authority's mission pursuant to s. 380.0677(3),
30 shall be vested in the district where the acquisition project
31 is located. Title to lands purchased pursuant to paragraph
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (c) may be vested in the Board of Trustees of the Internal
2 Improvement Trust Fund, except that title to lands, or rights
3 or interests therein, acquired by either the Southwest Florida
4 Water Management District or the St. Johns River Water
5 Management District in furtherance of the Green Swamp Land
6 Authority's mission pursuant to s. 380.0677(3), shall be
7 vested in the district where the acquisition project is
8 located. This subsection is repealed effective October 1,
9 2000. Prior to repeal, the Legislature shall review the
10 provisions scheduled for repeal and shall determine whether to
11 reenact or modify the provisions or to take no action.
12 Section 3. Paragraph (j) is added to subsection (4) of
13 section 376.11, Florida Statutes, 1996 Supplement, to read:
14 376.11 Florida Coastal Protection Trust Fund.--
15 (4) Moneys in the Florida Coastal Protection Trust
16 Fund shall be disbursed for the following purposes and no
17 others:
18 (j) Funding for marine law enforcement.
19 Section 4. Subsection (1) of section 206.606, Florida
20 Statutes, 1996 Supplement, is amended to read:
21 206.606 Distribution of certain proceeds.--
22 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
23 206.87(1)(e) shall be deposited in the Fuel Tax Collection
24 Trust Fund created by s. 206.875. Such moneys, exclusive of
25 the service charges imposed by s. 215.20, and exclusive of
26 refunds granted pursuant to s. 206.41, shall be distributed
27 monthly to the State Transportation Trust Fund, except that:
28 (a) $1.25 $7.55 million shall be transferred to the
29 Department of Environmental Protection in each fiscal year.
30 The transfers must be made in equal monthly amounts beginning
31 on July 1 of each fiscal year. $1.25 million of The amount
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 transferred shall be deposited annually in the Marine
2 Resources Conservation Trust Fund and must be used by the
3 department to fund special projects to provide recreational
4 channel marking, public launching facilities, and other
5 boating-related activities. The department shall annually
6 determine where unmet needs exist for boating-related
7 activities, and may fund such activities in counties where,
8 due to the number of vessel registrations, insufficient
9 financial resources are available to meet total water resource
10 needs.
11 (b) $6.30 million shall be transferred to the water
12 management districts each fiscal year. The transfers must be
13 made in equal monthly amounts beginning on July 1 of each
14 fiscal year. The amount transferred remaining proceeds of the
15 annual transfer shall be deposited in the Aquatic Plant
16 Control Trust Fund and must be used for aquatic plant
17 management, including nonchemical control of aquatic weeds,
18 research into nonchemical controls, and enforcement
19 activities. Beginning in fiscal year 1993-1994, the water
20 management districts department shall allocate at least $1
21 million of such funds to the eradication of melaleuca.
22 (c)(b) $1.25 million shall be transferred to the State
23 Game Trust Fund in the Game and Fresh Water Fish Commission in
24 each fiscal year. The transfers must be made in equal monthly
25 amounts beginning on July 1 of each fiscal year, and must be
26 used for recreational boating activities of a type consistent
27 with projects eligible for funding under the Florida Boating
28 Improvement Program administered by the Department of
29 Environmental Protection, and freshwater fisheries management
30 and research.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (d)(c) $1.5 million per year shall be transferred to
2 the Board of Regents and shall be spent solely for purposes of
3 s. 334.065.
4 Section 5. Effective July 1, 1999, subsection (1) of
5 section 206.606, Florida Statutes, 1996 Supplement, as amended
6 by section 8 of chapter 96-321, Laws of Florida, is amended to
7 read:
8 206.606 Distribution of certain proceeds.--
9 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
10 206.87(1)(e) shall be deposited in the Fuel Tax Collection
11 Trust Fund. Such moneys, after deducting the service charges
12 imposed by s. 215.20, the refunds granted pursuant to s.
13 206.41, and the administrative costs incurred by the
14 department in collecting, administering, enforcing, and
15 distributing the tax, which administrative costs may not
16 exceed 2 percent of collections, shall be distributed monthly
17 to the State Transportation Trust Fund, except that:
18 (a) $1.25 $7.55 million shall be transferred to the
19 Department of Environmental Protection in each fiscal year.
20 The transfers must be made in equal monthly amounts beginning
21 on July 1 of each fiscal year. $1.25 million of The amount
22 transferred shall be deposited annually in the Marine
23 Resources Conservation Trust Fund and must be used by the
24 department to fund special projects to provide recreational
25 channel marking, public launching facilities, and other
26 boating-related activities. The department shall annually
27 determine where unmet needs exist for boating-related
28 activities, and may fund such activities in counties where,
29 due to the number of vessel registrations, insufficient
30 financial resources are available to meet total water resource
31 needs.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (b) $6.30 million shall be transferred to the water
2 management districts each fiscal year. The transfers must be
3 made in equal monthly amounts beginning on July 1 of each
4 fiscal year. The amount transferred remaining proceeds of the
5 annual transfer shall be deposited in the Aquatic Plant
6 Control Trust Fund and must be used for aquatic plant
7 management, including nonchemical control of aquatic weeds,
8 research into nonchemical controls, and enforcement
9 activities. Beginning in fiscal year 1993-1994, the water
10 management districts department shall allocate at least $1
11 million of such funds to the eradication of melaleuca.
12 (c)(b) $1.25 million shall be transferred to the State
13 Game Trust Fund in the Game and Fresh Water Fish Commission in
14 each fiscal year. The transfers must be made in equal monthly
15 amounts beginning on July 1 of each fiscal year, and must be
16 used for recreational boating activities of a type consistent
17 with projects eligible for funding under the Florida Boating
18 Improvement Program administered by the Department of
19 Environmental Protection, and freshwater fisheries management
20 and research.
21 (d)(c) $1.5 million per year shall be transferred to
22 the Board of Regents and shall be spent solely for purposes of
23 s. 334.065.
24 Section 6. Section 369.20, Florida Statutes, 1996
25 Supplement, is amended to read:
26 369.20 Florida Aquatic Weed Control Act.--
27 (1) This act shall be known as the "Florida Aquatic
28 Weed Control Act."
29 (2) Each water management district The Department of
30 Environmental Protection shall direct the control,
31 eradication, and regulation of noxious aquatic weeds in its
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 jurisdiction and direct the research and planning related to
2 these activities, as provided in this section, excluding the
3 authority to use fish as a biological control agent, so as to
4 protect human health, safety, and recreation and, to the
5 greatest degree practicable, prevent injury to plant and
6 animal life and property.
7 (3) It shall be the duty of each water management
8 district the department to guide and coordinate the activities
9 of all public bodies, authorities, agencies, and special
10 districts charged with the control or eradication of aquatic
11 weeds and plants in its jurisdiction. Any water management
12 district It may delegate all or part of such functions to the
13 Game and Fresh Water Fish Commission.
14 (4) Each water management district The department
15 shall also promote, develop, and support research activities
16 directed toward the more effective and efficient control of
17 aquatic plants in its jurisdiction. In the furtherance of this
18 purpose, a water management district the department is
19 authorized to:
20 (a) Accept donations and grants of funds and services
21 from both public and private sources;
22 (b) Contract or enter into agreements with public or
23 private agencies or corporations for research and development
24 of aquatic plant control methods or for the performance of
25 aquatic plant control activities;
26 (c) Construct, acquire, operate, and maintain
27 facilities and equipment; and
28 (d) Enter upon, or authorize the entry upon, private
29 property for purposes of making surveys and examinations and
30 to engage in aquatic plant control activities; and such entry
31 shall not be deemed a trespass.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (5) A water management district The Department of
2 Environmental Protection may disburse funds to any special
3 district or other local authority charged with the
4 responsibility of controlling or eradicating aquatic plants,
5 upon:
6 (a) Receipt of satisfactory proof that such special
7 district or local authority has sufficient funds on hand to
8 match the state funds herein referred to on an equal basis;
9 (b) Approval by the water management district
10 department of the control techniques to be used by the special
11 district or local authority; and
12 (c) Review and approval of the program of the special
13 district or local authority by the water management district
14 department to be in conformance with the state control plan.
15 (6) The water management district department shall
16 adopt, amend, or repeal all rules as necessary to carry out
17 the duties, obligations, and powers set forth in this section
18 and perform any other acts necessary for the proper
19 administration, enforcement, or interpretation of this
20 section, including creating general permits and exemptions and
21 adopting rules and forms governing reports.
22 (7) No person or public agency shall control,
23 eradicate, remove, or otherwise alter any aquatic weeds or
24 plants in waters of the state unless a permit for such
25 activity has been issued by the applicable water management
26 district department, or unless the activity is in waters
27 expressly exempted by district department rule. Each water
28 management district The department shall develop standards by
29 rule which shall address, at a minimum, chemical, biological,
30 and mechanical control activities; an evaluation of the
31 benefits of such activities to the public; specific criteria
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 recognizing the differences between natural and artificially
2 created waters; and the different amount and quality of
3 littoral vegetation on various waters. Applications for a
4 permit to engage in aquatic plant control activities shall be
5 made to the applicable water management district department.
6 In reviewing such applications, the applicable water
7 management district department shall consider the criteria set
8 forth in subsection (2).
9 Section 7. Section 369.22, Florida Statutes, is
10 amended to read:
11 369.22 Nonindigenous aquatic plant control.--
12 (1) This section shall be known as the "Florida
13 Nonindigenous Aquatic Plant Control Act."
14 (2) For the purpose of this section, the following
15 words and phrases shall have the following meanings:
16 (a) "Department" means the Department of Environmental
17 Protection.
18 (a)(b) "Aquatic plant" is any plant growing in, or
19 closely associated with, the aquatic environment and includes
20 "floating," "emersed," "submersed," and "ditch bank" species.
21 (b)(c) "Nonindigenous aquatic plant" is any aquatic
22 plant that is nonnative to the State of Florida and has
23 certain characteristics, such as massive productivity, choking
24 density, or an obstructive nature, which render it
25 detrimental, obnoxious, or unwanted in a particular location.
26 (c)(d) A "maintenance program" is a method for the
27 control of nonindigenous aquatic plants in which control
28 techniques are utilized in a coordinated manner on a
29 continuous basis in order to maintain the plant population at
30 the lowest feasible level as determined by the districts
31 department.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (d)(e) An "eradication program" is a method for the
2 control of nonindigenous aquatic plants in which control
3 techniques are utilized in a coordinated manner in an attempt
4 to kill all the aquatic plants on a permanent basis in a given
5 geographical area.
6 (e)(f) A "complaint spray program" is a method for the
7 control of nonindigenous aquatic plants in which weeds are
8 allowed to grow unhindered to a given level of undesirability,
9 at which point eradication techniques are applied in an effort
10 to restore the area in question to a relatively low level of
11 infestation.
12 (f)(g) "Waters" means rivers, streams, lakes,
13 navigable waters and associated tributaries, canals, meandered
14 lakes, enclosed water systems, and any other bodies of water.
15 (g)(h) "Intercounty waters" means any waters which lie
16 in more than one county or form any part of the boundary
17 between two or more counties, as determined by the districts
18 department.
19 (h)(i) "Intracounty waters" means any waters which lie
20 wholly within the boundaries of one county as determined by
21 the districts department.
22 (i)(j) "Districts" means the six water management
23 districts created by law and named, respectively, the
24 Northwest Florida Water Management District, the Suwannee
25 River Water Management District, the St. Johns River Water
26 Management District, the Southwest Florida Water Management
27 District, the Central and Southern Florida Flood Control
28 District, and the Ridge and Lower Gulf Coast Water Management
29 District; and on July 1, 1975, shall mean the five water
30 management districts created by chapter 73-190, Laws of
31 Florida, and named, respectively, the Northwest Florida Water
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 Management District, the Suwannee River Water Management
2 District, the St. Johns River Water Management District, the
3 Southwest Florida Water Management District, and the South
4 Florida Water Management District.
5 (3) The Legislature recognizes that the uncontrolled
6 growth of nonindigenous aquatic plants in the waters of
7 Florida poses a variety of environmental, health, safety, and
8 economic problems. The Legislature acknowledges the
9 responsibility of the state to cope with the uncontrolled and
10 seemingly never-ending growth of nonindigenous aquatic plants
11 in the waters throughout Florida. It is, therefore, the intent
12 of the Legislature that the state policy for the control of
13 nonindigenous aquatic plants in waters of state responsibility
14 be carried out under the general supervision and control of
15 the districts department, and that the state itself be
16 responsible for the control of such plants in all intercounty
17 waters; but that control of such plants in intracounty waters
18 be the designated responsibility of the appropriate unit of
19 local or county government, special district, authority, or
20 other public body. It is the intent of the Legislature that
21 the control of nonindigenous aquatic plants be carried out
22 primarily by means of maintenance programs, rather than
23 eradication or complaint spray programs, for the purpose of
24 achieving more effective control at a lower long-range cost.
25 It is also the intent of the Legislature that the districts
26 department guide, review, approve, and coordinate all
27 nonindigenous aquatic plant control programs within each of
28 the water management districts as defined in paragraph (2)(j).
29 It is the intent of the Legislature to account for the costs
30 of nonindigenous aquatic plant maintenance programs by
31 watershed for comparison management purposes.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (4) The districts department shall supervise and
2 direct all maintenance programs for control of nonindigenous
3 aquatic plants, as provided in this section, excluding the
4 authority to use fish as a biological control agent, so as to
5 protect human health, safety, and recreation and, to the
6 greatest degree practicable, prevent injury to plant, fish,
7 and animal life and to property.
8 (5) When state funds are involved, or when waters of
9 state responsibility are involved, it is the duty of the
10 districts department to guide, review, approve, and coordinate
11 the activities of all public bodies, authorities, state
12 agencies, units of local or county government, commissions,
13 districts, and special districts engaged in operations to
14 maintain, control, or eradicate nonindigenous aquatic plants,
15 except for activities involving biological control programs
16 using fish as the control agent. The districts department may
17 delegate all or part of such functions to any appropriate
18 state agency, special district, unit of local or county
19 government, commission, authority, or other public body.
20 However, special attention shall be given by each district to
21 the keeping of accounting and cost data in order to prepare
22 the annual fiscal report required in subsection (7).
23 (6) A district The department may disburse funds to
24 any district, special district, or other local authority for
25 the purpose of operating a maintenance program for controlling
26 nonindigenous aquatic plants and other noxious aquatic plants
27 in the waters of state responsibility upon:
28 (a) Receipt of satisfactory proof that such special
29 district or local authority has sufficient funds on hand to
30 match the state funds herein referred to on an equal basis;
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (b) Approval by the district department of the
2 maintenance control techniques to be used by the special
3 district or local authority; and
4 (c) Review and approval of the program of the special
5 district or local authority by the district department to be
6 in conformance with the state maintenance control plan.
7 (7) The districts department shall submit an annual
8 report on the status of the nonindigenous aquatic plant
9 maintenance program to the President of the Senate, the
10 Speaker of the House of Representatives, and the Governor and
11 Cabinet by January 1 of the following year. This report shall
12 include a statement of the degree of maintenance control
13 achieved by individual nonindigenous aquatic plant species in
14 the intercounty waters of each of the water management
15 districts for the preceding county fiscal year, together with
16 an analysis of the costs of achieving this degree of control.
17 This cost accounting shall include the expenditures by all
18 governmental agencies in the waters of state responsibility.
19 If the level of maintenance control achieved falls short of
20 that which is deemed adequate by the districts department,
21 then the report shall include an estimate of the additional
22 funding that would have been required to achieve this level of
23 maintenance control. All measures of maintenance program
24 achievement and the related cost shall be presented by water
25 management districts so that comparisons may be made among the
26 water management districts, as well as with the state as a
27 whole.
28 (8) The districts department shall have the authority
29 to cooperate with the United States and to enter into such
30 cooperative agreements or commitments as the districts
31 department may determine necessary to carry out the
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 maintenance, control, or eradication of water hyacinths,
2 alligator weed, and other noxious aquatic plant growths from
3 the waters of the state and to enter into contracts with the
4 United States obligating the state to indemnify and save
5 harmless the United States from any and all claims and
6 liability arising out of the initiation and prosecution of any
7 project undertaken under this section. However, any claim or
8 claims required to be paid under this section shall be paid
9 from money appropriated to the nonindigenous aquatic plant
10 control program.
11 (9) The districts department may delegate various
12 nonindigenous aquatic plant control and maintenance functions
13 to the Game and Fresh Water Fish Commission. The commission
14 shall, in accepting commitments to engage in nonindigenous
15 aquatic plant control and maintenance activities, be subject
16 to the rules of the districts department, except that the
17 commission shall regulate, control, and coordinate the use of
18 any fish for aquatic weed control in fresh waters of the
19 state. In addition, the commission shall render technical and
20 other assistance to the districts department in order to carry
21 out most effectively the purposes of s. 369.20. However,
22 nothing herein shall diminish or impair the regulatory
23 authority of the commission with respect to the powers granted
24 to it by s. 9, Art. IV of the State Constitution.
25 (10) The districts are department is directed to use
26 biological agents, excluding fish, for the control of
27 nonindigenous aquatic plants.
28 (11) The districts department shall adopt, amend, or
29 repeal all rules as necessary to carry out the duties,
30 obligations, and powers set forth in this section and perform
31 any other acts necessary for the proper administration,
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 enforcement, or interpretation of this section, including
2 adopting rules and forms governing reports.
3 (12) No person or public agency shall control,
4 eradicate, remove, or otherwise alter any nonindigenous
5 aquatic plants in waters of the state unless a permit for such
6 activity has been issued by the applicable district
7 department, or unless the activity is in waters expressly
8 exempted by district department rule. Each district The
9 department shall develop standards by rule which shall
10 address, at a minimum, chemical, biological, and mechanical
11 control activities; an evaluation of the benefits of such
12 activities to the public; specific criteria recognizing the
13 differences between natural and artificially created waters;
14 and the different amount and quality of littoral vegetation on
15 various waters. Applications for a permit to engage in aquatic
16 plant control activities shall be made to the applicable
17 district department. In reviewing such applications, the
18 applicable district department shall consider the criteria set
19 forth in subsection (4).
20 Section 8. Section 369.25, Florida Statutes, is
21 amended to read:
22 369.25 Aquatic plants; definitions; permits; powers of
23 water management districts department; penalties.--
24 (1) As used in this section, the term:
25 (a) "Aquatic plant" means any plant, including a
26 floating, emersed, submersed, or ditch bank species, growing
27 in, or closely associated with, an aquatic environment and
28 includes any part or seed of such plant.
29 (b) "District Department" means any water management
30 district listed in s. 369.22(2)(i) the Department of
31 Environmental Protection.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (c) "Nonnursery cultivation" means the tending of
2 aquatic plant species for harvest in the natural environment.
3 (d) "Noxious aquatic plant" means any part, including,
4 but not limited to, seeds or reproductive parts, of an aquatic
5 plant which has the potential to hinder the growth of
6 beneficial plants, interfere with irrigation or navigation, or
7 adversely affect the public welfare or the natural resources
8 of this state.
9 (e) "Person" includes a natural person, a public or
10 private corporation, a governmental entity, or any other kind
11 of entity.
12 (2) No person shall engage in any business involving
13 the importation, transportation, nonnursery cultivation,
14 collection, sale, or possession of any aquatic plant species
15 without a permit issued by the applicable district department
16 or the Department of Agriculture and Consumer Services. No
17 person shall import, transport, nonnursery cultivate, collect,
18 sell, or possess any noxious aquatic plant listed on the
19 prohibited aquatic plant list established by the districts
20 department without a permit issued by the applicable district
21 department or the Department of Agriculture and Consumer
22 Services. No permit shall be issued until the applicable
23 district department determines that the proposed activity
24 poses no threat or danger to the waters, wildlife, natural
25 resources, or environment of the state.
26 (3) A district The department has the following
27 powers:
28 (a) To make such rules governing the importation,
29 transportation, nonnursery cultivation, collection, and
30 possession of aquatic plants as may be necessary for the
31 eradication, control, or prevention of the dissemination of
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 noxious aquatic plants that are not inconsistent with rules of
2 the Department of Agriculture and Consumer Services.
3 (b) To establish by rule lists of aquatic plant
4 species regulated under this section, including those exempted
5 from such regulation, provided the Department of Agriculture
6 and Consumer Services and the Game and Fresh Water Fish
7 Commission approve such lists prior to the lists becoming
8 effective.
9 (c) To evaluate an aquatic plant species through
10 research or other means to determine whether such species
11 poses a threat or danger to the waters, wildlife, natural
12 resources, or environment of the state.
13 (d) To declare a quarantine against aquatic plants,
14 including the vats, pools, or other containers or bodies of
15 water in which such plants are growing, except in aquatic
16 plant nurseries, to prevent the dissemination of any noxious
17 aquatic plant.
18 (e) To make rules governing the application for,
19 issuance of, suspension of, and revocation of permits under
20 this section.
21 (f) To enter into cooperative agreements with any
22 person as necessary or desirable to carry out and enforce the
23 provisions of this section.
24 (g) To purchase all necessary supplies, material, and
25 equipment and accept all grants and donations useful in the
26 implementation and enforcement of the provisions of this
27 section.
28 (h) To enter upon and inspect any facility or place,
29 except aquatic plant nurseries regulated by the Department of
30 Agriculture and Consumer Services, where aquatic plants are
31 cultivated, held, packaged, shipped, stored, or sold, or any
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 vehicle of conveyance of aquatic plants, to ascertain whether
2 the provisions of this section and district rules department
3 regulations are being complied with, and to seize and destroy,
4 without compensation, any aquatic plants imported,
5 transported, cultivated, collected, or otherwise possessed in
6 violation of this section or district rules department
7 regulations.
8 (i) To conduct a public information program,
9 including, but not limited to, erection of road signs, in
10 order to inform the public and interested parties of this
11 section and its associated rules and of the dangers of noxious
12 aquatic plant introductions.
13 (4) The districts department shall adopt rules which
14 limit the sanctions available for violations under this act to
15 quarantine and confiscation:
16 (a) If the prohibited activity apparently results from
17 natural dispersion; or
18 (b) If a small amount of noxious aquatic plant
19 material incidentally adheres to a boat or boat trailer
20 operated by a person who is not involved in any phase of the
21 aquatic plant business and if that person is not knowingly
22 violating this act.
23 (5)(a) A Any person who violates any provision the
24 provisions of this section commits is guilty of a misdemeanor
25 of the second degree, punishable as provided in s. 775.082 or
26 s. 775.083.
27 (b) All law enforcement officers of the state and its
28 agencies with power to make arrests for violations of state
29 law shall enforce the provisions of this section.
30 Section 9. Section 369.251, Florida Statutes, is
31 amended to read:
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 369.251 Invasive nonnative plants; prohibitions;
2 study; removal; rules.--
3 (1) A person may not sell, transport, collect,
4 cultivate, or possess any plant, including any part or seed,
5 of the species Melaleuca quinquenervia, Schinus
6 terebinthifolius, Casuarina equisetifolia, Casuarina glauca,
7 or Mimosa pigra without a permit from the applicable water
8 management district department. Any person who violates this
9 section commits a misdemeanor of the second degree, punishable
10 by fine only, as provided in s. 775.083.
11 (2) The water management districts department shall
12 study methods of control of plants of the species Melaleuca
13 quinquenervia, Schinus terebinthifolius, Casuarina
14 equisetifolia, Casuarina glauca, and Mimosa pigra. The South
15 Florida Water Management District shall undertake programs to
16 remove such plants from conservation area I, conservation area
17 II, and conservation area III of the district.
18 (3) The water management districts department shall
19 adopt rules necessary to implement this section. Possession or
20 transportation resulting from natural dispersion, mulching
21 operations, control and disposal, or use in herbaria or other
22 educational or research institutions, or for other reasons
23 determined by the water management districts department to be
24 consistent with this section and where there is neither the
25 danger of, nor intent to, further disperse any plant species
26 prohibited by this section, is not subject to the permit or
27 penalty provisions of this section.
28 Section 10. Section 369.252, Florida Statutes, 1996
29 Supplement, is amended to read:
30
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 369.252 Invasive exotic plant control on public
2 lands.--The water management districts department shall
3 establish a program to:
4 (1) Achieve eradication or maintenance control of
5 invasive exotic plants on public lands when the scientific
6 data indicate that they are detrimental to the state's natural
7 environment;
8 (2) Assist state and local government agencies in the
9 development and implementation of coordinated management plans
10 for the control of invasive exotic plant species on public
11 lands;
12 (3) Contract, or enter into agreements, with entities
13 in the State University System or other governmental entities
14 for research concerning biological control agents; production
15 and growth of biological control agents; and development of
16 workable methods for the management of invasive exotic plants
17 on public lands; and
18 (4) Use funds in the Aquatic Plant Control Trust Fund
19 as authorized by the Legislature for carrying out activities
20 under this section on public lands.
21 Section 11. Paragraph (r) of subsection (2) of section
22 403.813, Florida Statutes, 1996 Supplement, is amended to
23 read:
24 403.813 Permits issued at district centers;
25 exceptions.--
26 (2) No permit under this chapter, chapter 373, chapter
27 61-691, Laws of Florida, or chapter 25214 or chapter 25270,
28 Laws of Florida, 1949, shall be required for activities
29 associated with the following types of projects; however,
30 nothing in this subsection relieves an applicant from any
31 requirement to obtain permission to use or occupy lands owned
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 by the Board of Trustees of the Internal Improvement Trust
2 Fund or any water management district in its governmental or
3 proprietary capacity or from complying with applicable local
4 pollution control programs authorized under this chapter or
5 other requirements of county and municipal governments:
6 (r) The removal of noxious aquatic plants, the removal
7 of tussocks, the associated replanting of indigenous aquatic
8 plants, or the associated removal from lakes of
9 unconsolidated, flocculent organic detrital material that
10 exists on the surface of natural mineral soil which is
11 necessary to accomplish such plant removal or replanting, or
12 the removal of aquatic plants for aquatic plant management,
13 including associated incidental removal of sediment attached
14 to plant roots, if these activities have a valid permit issued
15 by a water management district the department under s. 369.20
16 or s. 369.25. This paragraph does not apply to any mitigation
17 proposed to offset the impacts of activities permitted under
18 chapter 373.
19 Section 12. Subsection (2) of section 581.145, Florida
20 Statutes, 1996 Supplement, is amended to read:
21 581.145 Aquatic plant nursery registration; special
22 permit requirements.--
23 (2) It shall be unlawful for any nursery or nursery
24 stock dealer to import, transport, cultivate, collect, sell,
25 or possess any noxious aquatic plant listed on the prohibited
26 aquatic plant list established by a water management district
27 the Department of Environmental Protection in s. 369.25(3)(b)
28 without a special permit issued by the department.
29 (a) No special permit shall be issued until the
30 department determines that the proposed activity poses no
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 threat or danger to the waters, wildlife, natural resources,
2 agriculture, or environment of the state.
3 (b) The department may not issue a special permit with
4 respect to a prohibited aquatic plant species if a water
5 management district the Department of Environmental Protection
6 prohibits the importation, transportation, cultivation,
7 collection, sale, or possession of the species.
8 Section 13. Paragraph (b) of subsection (1) of section
9 597.004, Florida Statutes, 1996 Supplement, is amended to
10 read:
11 597.004 Aquaculture certificate of registration.--
12 (1) CERTIFICATION.--
13 (b) Any aquatic plant producer certified by a water
14 management district the department pursuant to s. 369.25 shall
15 also be issued an aquaculture certificate of registration.
16 Section 14. Paragraph (e) of subsection (2) of section
17 253.783, Florida Statutes, is amended to read:
18 253.783 Additional powers and duties of the
19 department; disposition of surplus lands; payments to
20 counties.--
21 (2) It is declared to be in the public interest that
22 the department shall do and is hereby authorized to do any and
23 all things and incur and pay from the Cross Florida Barge
24 Canal Trust Fund, for the public purposes described herein,
25 any and all expenses necessary, convenient, and proper to:
26 (e) Refund to the counties of the Cross Florida Canal
27 Navigation District moneys pursuant to this paragraph from the
28 funds remaining in the Cross Florida Barge Canal Trust Fund
29 from the funds derived from the conveyance of lands of the
30 project to the Federal Government or any agency thereof,
31 pursuant to s. 253.781, and from the sales of surplus lands
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 pursuant to this section. Following federal deauthorization of
2 the project, such refunds shall consist of the $9,340,720
3 principal in ad valorem taxes contributed by the counties and
4 the interest which had accrued on that amount from the time of
5 payment to June 30, 1985. In no event shall the counties be
6 paid less than the aggregate sum of $32 million in cash or the
7 appraised values of the surplus lands. Such refunds shall be
8 in proportion to the ad valorem tax share paid to the Cross
9 Florida Canal Navigation District by the respective counties.
10 Should the remaining funds in the Cross Florida Barge Canal
11 Trust Fund and the funds derived from the conveyance of lands
12 of the project to the Federal Government for payment or from
13 the sale of surplus land be inadequate to pay the total of the
14 principal plus interest, first priority shall be given to
15 repaying the principal and second priority shall be given to
16 repaying the interest. Interest to be refunded to the counties
17 shall be compounded annually at the following rates:
18 1937-1950, 4 percent; 1951-1960, 5 percent; 1961-1970, 6
19 percent; 1971-1975, 7 percent; 1976-June 30, 1985, 8 percent.
20 In computing interest, amounts already repaid to the counties
21 shall not be subject to further assessments of interest. Any
22 partial repayments provided to the counties under this act
23 shall be considered as contributing to the total repayment
24 owed to the counties. Should the funds generated by conveyance
25 to the Federal Government and sales of surplus lands be more
26 than sufficient to repay said counties in accordance with this
27 section, such excess funds may be used for the maintenance of
28 the greenways corridor. In no case shall general revenue funds
29 be used to repay interest owed to the counties.
30 Section 15. Subsection (1) of section 61.1812, Florida
31 Statutes, is amended to read:
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 61.1812 Child Support Incentive Trust Fund.--
2 (1) The Child Support Incentive Trust Fund is hereby
3 created, to be administered by the Department of Revenue. All
4 child support enforcement incentive earnings and that portion
5 of the state share of Title IV-A public assistance collections
6 recovered in fiscal year 1996-1997 by the Title IV-D program
7 of the department which is in excess of the amount estimated
8 by the February 1997 Social Services Estimating Conference to
9 be recovered in fiscal year 1996-1997 shall be credited to the
10 trust fund, and no other receipts, except interest earnings,
11 shall be credited thereto. For fiscal years beginning with
12 1997-1998, in addition to incentive earnings and interest
13 earnings, that portion of the state share of Title IV-A public
14 assistance collections recovered in each fiscal year by the
15 Title IV-D program of the department which is in excess of the
16 amount estimated by the February 1997 Social Services
17 Estimating Conference to be recovered in fiscal year 1997-1998
18 shall be credited to the trust fund. The purpose of the trust
19 fund is to account for federal incentive payments to the state
20 for child support enforcement and to support the activities of
21 the child support enforcement program under Title IV-D of the
22 Social Security Act. The department shall invest the money in
23 the trust fund pursuant to ss. 215.44-215.52, and retain all
24 interest earnings in the trust fund. The department shall
25 separately account for receipts credited to the trust fund.
26 Annually, on June 30, if revenues deposited into the trust
27 fund, exclusive of federal child support incentive earnings,
28 have exceeded expenditures for the child support enforcement
29 program administered by the department for the prior 12-month
30 period, the excess revenues are hereby transferred to the
31 General Revenue Fund.
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 Section 16. Sections 585.70, 585.71, 585.715, 585.72,
2 585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79,
3 585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86,
4 585.87, 585.88, 585.89, 585.90, 585.902, 585.903, 585.904,
5 585.91, 585.92, 585.93, and 585.96, Florida Statutes, are
6 repealed.
7 Section 17. Section 205.1951, Florida Statutes, is
8 repealed.
9 Section 18. Section 570.50, Florida Statutes, is
10 amended to read:
11 570.50 Division of Food Safety; powers and
12 duties.--The duties of the Division of Food Safety include,
13 but are not limited to:
14 (1) Enforcing those provisions of chapter 585, and the
15 rules adopted under that chapter, relating to the inspection
16 of meat and the antemortem and postmortem inspection of
17 poultry.
18 (1)(2) Conducting those general inspection activities
19 relating to food and food products being processed, held, or
20 offered for sale in this state and enforcing those provisions
21 of chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
22 relating to foods as authorized by the department.
23 (2)(3) Analyzing samples of foods offered for sale in
24 this state as required under chapters 500, 501, 502, 503, 585,
25 586, and 601.
26 (3)(4) Investigating, evaluating, and developing new
27 or improved methodology to enhance the analytical capability
28 and efficiency of all divisional laboratories and performing
29 other related analyses as deemed necessary.
30
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 (4)(5) Analyzing food and feed samples offered for
2 sale in the state for chemical residues as required under the
3 adulteration sections of chapters 500 and 580.
4 Section 19. Subsection (2) of section 570.51, Florida
5 Statutes, is amended to read:
6 570.51 Director; qualifications; duties.--
7 (2) The director shall supervise, direct, and
8 coordinate the activities of the division and enforce the
9 provisions of chapters 500, 501, 502, 503, 531, 583, 585, and
10 601 and any other chapter necessary to carry out the
11 responsibilities of the division.
12 Section 20. Sections 828.22, 828.23, 828.24, 828.25,
13 and 828.26, Florida Statutes, are repealed.
14 Section 21. Section 877.05, Florida Statutes, is
15 amended to read:
16 877.05 Killing young veal for sale; penalty;
17 exception.--Whoever kills or causes to be killed for the
18 purpose of sale, any calf less than 4 weeks old, and knowingly
19 sells, or has in his possession with intent to sell, the meat
20 of any calf killed when less than 4 weeks old, shall be guilty
21 of a misdemeanor of the second degree, punishable as provided
22 in s. 775.083. This section shall not apply to calves
23 slaughtered on the premises of meat packing or slaughtering
24 establishments operating under state or federal meat
25 inspection supervision.
26 Section 22. Subsections (1) and (2) of section 877.06,
27 Florida Statutes, are amended to read:
28 877.06 Labeling of beef not slaughtered according to
29 state or United States standards; enforcement; penalty.--
30 (1) Every person, firm, or corporation operating a
31 restaurant or any other eating place, or retail or wholesale
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 market or packinghouse, in this state, and who sells beef that
2 has not been slaughtered and inspected according to standards
3 established by either the Government of Florida or of the
4 United States, shall mark, stamp, or describe the same by the
5 following words, "slaughtered in" followed by the name of the
6 state or country and the words "has not been slaughtered and
7 inspected according to federal or state standards."
8 (2)(a) Packinghouses and wholesale and retail meat
9 markets before sale of beef which is within the purview of
10 subsection (1) shall plainly stamp on each carcass, each
11 carton, each can, and each container, the words prescribed in
12 subsection (1) and all advertising as to the sale of such beef
13 shall include such words; provided, however, that a
14 conspicuous sign containing the words prescribed in subsection
15 (1) visibly displayed near the display of such beef in retail
16 markets may be used when the stamping of individual cuts of
17 beef is impractical.
18 (b) It shall be the duty of the Department of
19 Agriculture and Consumer Services through its agents or
20 inspectors to enforce the provisions of this subsection.
21 Section 23. This act shall take effect July 1, 1997.
22
23
24
25
26
27
28
29
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1835
610-103A-97
1 *****************************************
2 HOUSE SUMMARY
3
Clarifies uses of funds in the Florida Panther Research
4 and Management Trust Fund to include enforcement of laws
necessary to preserve Florida panthers and their habitat.
5 Provides for distribution of certain funds from the
Florida Preservation 2000 Trust Fund for the purchase of
6 lands necessary to restore Lake Apopka. Clarifies uses of
funds in the Florida Coastal Protection Trust Fund to
7 include funding for marine law enforcement. Provides for
transfer of certain funds each fiscal year to the water
8 management districts for aquatic plant management.
Transfers authority for aquatic plant control from the
9 Department of Environmental Protection to the water
management districts. Eliminates a provision prohibiting
10 use of general revenue funds to repay interest owed to
counties of the Cross Florida Barge Canal Navigation
11 District. Revises funding and uses of the Child Support
Incentive Trust Fund. Repeals part III of chapter 585,
12 F.S., relating to animal and animal product inspection
and labeling. Repeals provisions relating to humane
13 slaughter requirements.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
31