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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