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House Bill 1835e1

HB 1835, First Engrossed 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. HB 1835, First Engrossed 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; amending s. 215.3206, 7 F.S.; prohibiting encumbrance of funds in a 8 terminated trust fund; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (a) of subsection (2) of section 14 372.672, Florida Statutes, is amended to read: 15 372.672 Florida Panther Research and Management Trust 16 Fund.-- 17 (2) Money from the fund shall be spent only for the 18 following purposes: 19 (a) To manage and protect existing Florida panther 20 populations by increasing panther food sources where food is a 21 limiting factor, determining conflicts between public use and 22 panther survival, and maintaining sufficient genetic 23 variability in existing populations, and enforcing laws 24 necessary to preserve Florida panthers and their habitat. 25 Section 2. Subsection (3) of section 259.101, Florida 26 Statutes, 1996 Supplement, is amended to read: 27 259.101 Florida Preservation 2000 Act.-- 28 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the 29 costs of issuance, the costs of funding reserve accounts, and 30 other costs with respect to the bonds, the proceeds of bonds 31 issued pursuant to this act shall be deposited into the 2 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 Florida Preservation 2000 Trust Fund created by s. 375.045. 2 Ten percent of the proceeds of any bonds deposited into the 3 Preservation 2000 Trust Fund shall be distributed by the 4 Department of Environmental Protection to the Department of 5 Environmental Protection for the purchase by the South Florida 6 Water Management District of lands in Dade, Broward, and Palm 7 Beach Counties identified in s. 7, chapter 95-349, Laws of 8 Florida. This distribution shall apply for any bond issue for 9 the 1995-1996 fiscal year. For the 1997-1998 and 1998-1999 10 fiscal years only, $20 million per year from the proceeds of 11 any bonds deposited into the Florida Preservation 2000 Trust 12 Fund shall be distributed by the Department of Environmental 13 Protection to the Department of Environmental Protection for 14 the purchase by the St. Johns Water Management District of 15 lands necessary to restore Lake Apopka. The remaining proceeds 16 shall be distributed by the Department of Environmental 17 Protection in the following manner: 18 (a) Fifty percent to the Department of Environmental 19 Protection for the purchase of public lands as described in s. 20 259.032. Of this 50 percent, at least one-fifth shall be used 21 for the acquisition of coastal lands. 22 (b) Thirty percent to the Department of Environmental 23 Protection for the purchase of water management lands pursuant 24 to s. 373.59, to be distributed among the water management 25 districts as provided in that section. Funds received by each 26 district may also be used for acquisition of lands necessary 27 to implement surface water improvement and management plans 28 approved in accordance with s. 373.456 or for acquisition of 29 lands necessary to implement the Everglades Construction 30 Project authorized by s. 373.4592. 31 3 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (c) Ten percent to the Department of Community Affairs 2 to provide land acquisition grants and loans to local 3 governments through the Florida Communities Trust pursuant to 4 part III of chapter 380. From funds allocated to the trust, 5 $3 million annually shall be used by the Green Swamp Land 6 Authority specifically for the purchase through land 7 protection agreements, as defined in s. 380.0677(5), of lands, 8 or severable interests or rights in lands, in the Green Swamp 9 Area of Critical State Concern. From funds allocated to the 10 trust, $3 million annually shall be used by the Monroe County 11 Comprehensive Plan Land Authority specifically for the 12 purchase of any real property interest in either those lands 13 subject to the Rate of Growth Ordinances adopted by local 14 governments in Monroe County or those lands within the 15 boundary of an approved Conservation and Recreation Lands 16 project located within the Florida Keys or Key West Areas of 17 Critical State Concern; however, title to lands acquired 18 within the boundary of an approved Conservation and Recreation 19 Lands project may, in accordance with an approved joint 20 acquisition agreement, vest in the Board of Trustees of the 21 Internal Improvement Trust Fund. Of the remaining funds 22 allocated to the trust after the above transfers occur, 23 one-half shall be matched by local governments on a 24 dollar-for-dollar basis. To the extent allowed by federal 25 requirements for the use of bond proceeds, the trust shall 26 expend Preservation 2000 funds to carry out the purposes of 27 part III of chapter 380. 28 (d) Two and nine-tenths percent to the Department of 29 Environmental Protection for the purchase of inholdings and 30 additions to state parks. For the purposes of this paragraph, 31 "state park" means all real property in the state under the 4 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 jurisdiction of the Division of Recreation and Parks of the 2 department, or which may come under its jurisdiction. 3 (e) Two and nine-tenths percent to the Division of 4 Forestry of the Department of Agriculture and Consumer 5 Services to fund the acquisition of state forest inholdings 6 and additions pursuant to s. 589.07. 7 (f) Two and nine-tenths percent to the Game and Fresh 8 Water Fish Commission to fund the acquisition of inholdings 9 and additions to lands managed by the commission which are 10 important to the conservation of fish and wildlife. 11 (g) One and three-tenths percent to the Department of 12 Environmental Protection for the Florida Greenways and Trails 13 Program, to acquire greenways and trails or greenways and 14 trails systems pursuant to chapter 260, including, but not 15 limited to, abandoned railroad rights-of-way and the Florida 16 National Scenic Trail. 17 18 Local governments may use federal grants or loans, private 19 donations, or environmental mitigation funds, including 20 environmental mitigation funds required pursuant to s. 21 338.250, for any part or all of any local match required for 22 the purposes described in this subsection. Bond proceeds 23 allocated pursuant to paragraph (c) may be used to purchase 24 lands on the priority lists developed pursuant to s. 259.035. 25 Title to lands purchased pursuant to paragraphs (a), (d), (e), 26 (f), and (g) shall be vested in the Board of Trustees of the 27 Internal Improvement Trust Fund, except that title to lands, 28 or rights or interests therein, acquired by either the 29 Southwest Florida Water Management District or the St. Johns 30 River Water Management District in furtherance of the Green 31 Swamp Land Authority's mission pursuant to s. 380.0677(3), 5 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 shall be vested in the district where the acquisition project 2 is located. Title to lands purchased pursuant to paragraph 3 (c) may be vested in the Board of Trustees of the Internal 4 Improvement Trust Fund, except that title to lands, or rights 5 or interests therein, acquired by either the Southwest Florida 6 Water Management District or the St. Johns River Water 7 Management District in furtherance of the Green Swamp Land 8 Authority's mission pursuant to s. 380.0677(3), shall be 9 vested in the district where the acquisition project is 10 located. This subsection is repealed effective October 1, 11 2000. Prior to repeal, the Legislature shall review the 12 provisions scheduled for repeal and shall determine whether to 13 reenact or modify the provisions or to take no action. 14 Section 3. Paragraph (j) is added to subsection (4) of 15 section 376.11, Florida Statutes, 1996 Supplement, to read: 16 376.11 Florida Coastal Protection Trust Fund.-- 17 (4) Moneys in the Florida Coastal Protection Trust 18 Fund shall be disbursed for the following purposes and no 19 others: 20 (j) Funding for marine law enforcement. 21 Section 4. Subsection (1) of section 206.606, Florida 22 Statutes, 1996 Supplement, is amended to read: 23 206.606 Distribution of certain proceeds.-- 24 (1) Moneys collected pursuant to ss. 206.41(1)(g) and 25 206.87(1)(e) shall be deposited in the Fuel Tax Collection 26 Trust Fund created by s. 206.875. Such moneys, exclusive of 27 the service charges imposed by s. 215.20, and exclusive of 28 refunds granted pursuant to s. 206.41, shall be distributed 29 monthly to the State Transportation Trust Fund, except that: 30 (a) $1.25 $7.55 million shall be transferred to the 31 Department of Environmental Protection in each fiscal year. 6 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 The transfers must be made in equal monthly amounts beginning 2 on July 1 of each fiscal year. $1.25 million of The amount 3 transferred shall be deposited annually in the Marine 4 Resources Conservation Trust Fund and must be used by the 5 department to fund special projects to provide recreational 6 channel marking, public launching facilities, and other 7 boating-related activities. The department shall annually 8 determine where unmet needs exist for boating-related 9 activities, and may fund such activities in counties where, 10 due to the number of vessel registrations, insufficient 11 financial resources are available to meet total water resource 12 needs. 13 (b) $6.30 million shall be transferred to the water 14 management districts each fiscal year. The transfers must be 15 made in equal monthly amounts beginning on July 1 of each 16 fiscal year. The amount transferred remaining proceeds of the 17 annual transfer shall be deposited in the Aquatic Plant 18 Control Trust Fund and must be used for aquatic plant 19 management, including nonchemical control of aquatic weeds, 20 research into nonchemical controls, and enforcement 21 activities. Beginning in fiscal year 1993-1994, the water 22 management districts department shall allocate at least $1 23 million of such funds to the eradication of melaleuca. 24 (c)(b) $1.25 million shall be transferred to the State 25 Game Trust Fund in the Game and Fresh Water Fish Commission in 26 each fiscal year. The transfers must be made in equal monthly 27 amounts beginning on July 1 of each fiscal year, and must be 28 used for recreational boating activities of a type consistent 29 with projects eligible for funding under the Florida Boating 30 Improvement Program administered by the Department of 31 7 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 Environmental Protection, and freshwater fisheries management 2 and research. 3 (d)(c) $1.5 million per year shall be transferred to 4 the Board of Regents and shall be spent solely for purposes of 5 s. 334.065. 6 Section 5. Effective July 1, 1999, subsection (1) of 7 section 206.606, Florida Statutes, 1996 Supplement, as amended 8 by section 8 of chapter 96-321, Laws of Florida, is amended to 9 read: 10 206.606 Distribution of certain proceeds.-- 11 (1) Moneys collected pursuant to ss. 206.41(1)(g) and 12 206.87(1)(e) shall be deposited in the Fuel Tax Collection 13 Trust Fund. Such moneys, after deducting the service charges 14 imposed by s. 215.20, the refunds granted pursuant to s. 15 206.41, and the administrative costs incurred by the 16 department in collecting, administering, enforcing, and 17 distributing the tax, which administrative costs may not 18 exceed 2 percent of collections, shall be distributed monthly 19 to the State Transportation Trust Fund, except that: 20 (a) $1.25 $7.55 million shall be transferred to the 21 Department of Environmental Protection in each fiscal year. 22 The transfers must be made in equal monthly amounts beginning 23 on July 1 of each fiscal year. $1.25 million of The amount 24 transferred shall be deposited annually in the Marine 25 Resources Conservation Trust Fund and must be used by the 26 department to fund special projects to provide recreational 27 channel marking, public launching facilities, and other 28 boating-related activities. The department shall annually 29 determine where unmet needs exist for boating-related 30 activities, and may fund such activities in counties where, 31 due to the number of vessel registrations, insufficient 8 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 financial resources are available to meet total water resource 2 needs. 3 (b) $6.30 million shall be transferred to the water 4 management districts each fiscal year. The transfers must be 5 made in equal monthly amounts beginning on July 1 of each 6 fiscal year. The amount transferred remaining proceeds of the 7 annual transfer shall be deposited in the Aquatic Plant 8 Control Trust Fund and must be used for aquatic plant 9 management, including nonchemical control of aquatic weeds, 10 research into nonchemical controls, and enforcement 11 activities. Beginning in fiscal year 1993-1994, the water 12 management districts department shall allocate at least $1 13 million of such funds to the eradication of melaleuca. 14 (c)(b) $1.25 million shall be transferred to the State 15 Game Trust Fund in the Game and Fresh Water Fish Commission in 16 each fiscal year. The transfers must be made in equal monthly 17 amounts beginning on July 1 of each fiscal year, and must be 18 used for recreational boating activities of a type consistent 19 with projects eligible for funding under the Florida Boating 20 Improvement Program administered by the Department of 21 Environmental Protection, and freshwater fisheries management 22 and research. 23 (d)(c) $1.5 million per year shall be transferred to 24 the Board of Regents and shall be spent solely for purposes of 25 s. 334.065. 26 Section 6. Section 369.20, Florida Statutes, 1996 27 Supplement, is amended to read: 28 369.20 Florida Aquatic Weed Control Act.-- 29 (1) This act shall be known as the "Florida Aquatic 30 Weed Control Act." 31 9 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (2) Each water management district The Department of 2 Environmental Protection shall direct the control, 3 eradication, and regulation of noxious aquatic weeds in its 4 jurisdiction and direct the research and planning related to 5 these activities, as provided in this section, excluding the 6 authority to use fish as a biological control agent, so as to 7 protect human health, safety, and recreation and, to the 8 greatest degree practicable, prevent injury to plant and 9 animal life and property. 10 (3) It shall be the duty of each water management 11 district the department to guide and coordinate the activities 12 of all public bodies, authorities, agencies, and special 13 districts charged with the control or eradication of aquatic 14 weeds and plants in its jurisdiction. Any water management 15 district It may delegate all or part of such functions to the 16 Game and Fresh Water Fish Commission. 17 (4) Each water management district The department 18 shall also promote, develop, and support research activities 19 directed toward the more effective and efficient control of 20 aquatic plants in its jurisdiction. In the furtherance of this 21 purpose, a water management district the department is 22 authorized to: 23 (a) Accept donations and grants of funds and services 24 from both public and private sources; 25 (b) Contract or enter into agreements with public or 26 private agencies or corporations for research and development 27 of aquatic plant control methods or for the performance of 28 aquatic plant control activities; 29 (c) Construct, acquire, operate, and maintain 30 facilities and equipment; and 31 10 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (d) Enter upon, or authorize the entry upon, private 2 property for purposes of making surveys and examinations and 3 to engage in aquatic plant control activities; and such entry 4 shall not be deemed a trespass. 5 (5) A water management district The Department of 6 Environmental Protection may disburse funds to any special 7 district or other local authority charged with the 8 responsibility of controlling or eradicating aquatic plants, 9 upon: 10 (a) Receipt of satisfactory proof that such special 11 district or local authority has sufficient funds on hand to 12 match the state funds herein referred to on an equal basis; 13 (b) Approval by the water management district 14 department of the control techniques to be used by the special 15 district or local authority; and 16 (c) Review and approval of the program of the special 17 district or local authority by the water management district 18 department to be in conformance with the state control plan. 19 (6) The water management district department shall 20 adopt, amend, or repeal all rules as necessary to carry out 21 the duties, obligations, and powers set forth in this section 22 and perform any other acts necessary for the proper 23 administration, enforcement, or interpretation of this 24 section, including creating general permits and exemptions and 25 adopting rules and forms governing reports. 26 (7) No person or public agency shall control, 27 eradicate, remove, or otherwise alter any aquatic weeds or 28 plants in waters of the state unless a permit for such 29 activity has been issued by the applicable water management 30 district department, or unless the activity is in waters 31 expressly exempted by district department rule. Each water 11 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 management district The department shall develop standards by 2 rule which shall address, at a minimum, chemical, biological, 3 and mechanical control activities; an evaluation of the 4 benefits of such activities to the public; specific criteria 5 recognizing the differences between natural and artificially 6 created waters; and the different amount and quality of 7 littoral vegetation on various waters. Applications for a 8 permit to engage in aquatic plant control activities shall be 9 made to the applicable water management district department. 10 In reviewing such applications, the applicable water 11 management district department shall consider the criteria set 12 forth in subsection (2). 13 Section 7. Section 369.22, Florida Statutes, is 14 amended to read: 15 369.22 Nonindigenous aquatic plant control.-- 16 (1) This section shall be known as the "Florida 17 Nonindigenous Aquatic Plant Control Act." 18 (2) For the purpose of this section, the following 19 words and phrases shall have the following meanings: 20 (a) "Department" means the Department of Environmental 21 Protection. 22 (a)(b) "Aquatic plant" is any plant growing in, or 23 closely associated with, the aquatic environment and includes 24 "floating," "emersed," "submersed," and "ditch bank" species. 25 (b)(c) "Nonindigenous aquatic plant" is any aquatic 26 plant that is nonnative to the State of Florida and has 27 certain characteristics, such as massive productivity, choking 28 density, or an obstructive nature, which render it 29 detrimental, obnoxious, or unwanted in a particular location. 30 (c)(d) A "maintenance program" is a method for the 31 control of nonindigenous aquatic plants in which control 12 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 techniques are utilized in a coordinated manner on a 2 continuous basis in order to maintain the plant population at 3 the lowest feasible level as determined by the districts 4 department. 5 (d)(e) An "eradication program" is a method for the 6 control of nonindigenous aquatic plants in which control 7 techniques are utilized in a coordinated manner in an attempt 8 to kill all the aquatic plants on a permanent basis in a given 9 geographical area. 10 (e)(f) A "complaint spray program" is a method for the 11 control of nonindigenous aquatic plants in which weeds are 12 allowed to grow unhindered to a given level of undesirability, 13 at which point eradication techniques are applied in an effort 14 to restore the area in question to a relatively low level of 15 infestation. 16 (f)(g) "Waters" means rivers, streams, lakes, 17 navigable waters and associated tributaries, canals, meandered 18 lakes, enclosed water systems, and any other bodies of water. 19 (g)(h) "Intercounty waters" means any waters which lie 20 in more than one county or form any part of the boundary 21 between two or more counties, as determined by the districts 22 department. 23 (h)(i) "Intracounty waters" means any waters which lie 24 wholly within the boundaries of one county as determined by 25 the districts department. 26 (i)(j) "Districts" means the six water management 27 districts created by law and named, respectively, the 28 Northwest Florida Water Management District, the Suwannee 29 River Water Management District, the St. Johns River Water 30 Management District, the Southwest Florida Water Management 31 District, the Central and Southern Florida Flood Control 13 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 District, and the Ridge and Lower Gulf Coast Water Management 2 District; and on July 1, 1975, shall mean the five water 3 management districts created by chapter 73-190, Laws of 4 Florida, and named, respectively, the Northwest Florida Water 5 Management District, the Suwannee River Water Management 6 District, the St. Johns River Water Management District, the 7 Southwest Florida Water Management District, and the South 8 Florida Water Management District. 9 (3) The Legislature recognizes that the uncontrolled 10 growth of nonindigenous aquatic plants in the waters of 11 Florida poses a variety of environmental, health, safety, and 12 economic problems. The Legislature acknowledges the 13 responsibility of the state to cope with the uncontrolled and 14 seemingly never-ending growth of nonindigenous aquatic plants 15 in the waters throughout Florida. It is, therefore, the intent 16 of the Legislature that the state policy for the control of 17 nonindigenous aquatic plants in waters of state responsibility 18 be carried out under the general supervision and control of 19 the districts department, and that the state itself be 20 responsible for the control of such plants in all intercounty 21 waters; but that control of such plants in intracounty waters 22 be the designated responsibility of the appropriate unit of 23 local or county government, special district, authority, or 24 other public body. It is the intent of the Legislature that 25 the control of nonindigenous aquatic plants be carried out 26 primarily by means of maintenance programs, rather than 27 eradication or complaint spray programs, for the purpose of 28 achieving more effective control at a lower long-range cost. 29 It is also the intent of the Legislature that the districts 30 department guide, review, approve, and coordinate all 31 nonindigenous aquatic plant control programs within each of 14 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 the water management districts as defined in paragraph (2)(j). 2 It is the intent of the Legislature to account for the costs 3 of nonindigenous aquatic plant maintenance programs by 4 watershed for comparison management purposes. 5 (4) The districts department shall supervise and 6 direct all maintenance programs for control of nonindigenous 7 aquatic plants, as provided in this section, excluding the 8 authority to use fish as a biological control agent, so as to 9 protect human health, safety, and recreation and, to the 10 greatest degree practicable, prevent injury to plant, fish, 11 and animal life and to property. 12 (5) When state funds are involved, or when waters of 13 state responsibility are involved, it is the duty of the 14 districts department to guide, review, approve, and coordinate 15 the activities of all public bodies, authorities, state 16 agencies, units of local or county government, commissions, 17 districts, and special districts engaged in operations to 18 maintain, control, or eradicate nonindigenous aquatic plants, 19 except for activities involving biological control programs 20 using fish as the control agent. The districts department may 21 delegate all or part of such functions to any appropriate 22 state agency, special district, unit of local or county 23 government, commission, authority, or other public body. 24 However, special attention shall be given by each district to 25 the keeping of accounting and cost data in order to prepare 26 the annual fiscal report required in subsection (7). 27 (6) A district The department may disburse funds to 28 any district, special district, or other local authority for 29 the purpose of operating a maintenance program for controlling 30 nonindigenous aquatic plants and other noxious aquatic plants 31 in the waters of state responsibility upon: 15 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (a) Receipt of satisfactory proof that such special 2 district or local authority has sufficient funds on hand to 3 match the state funds herein referred to on an equal basis; 4 (b) Approval by the district department of the 5 maintenance control techniques to be used by the special 6 district or local authority; and 7 (c) Review and approval of the program of the special 8 district or local authority by the district department to be 9 in conformance with the state maintenance control plan. 10 (7) The districts department shall submit an annual 11 report on the status of the nonindigenous aquatic plant 12 maintenance program to the President of the Senate, the 13 Speaker of the House of Representatives, and the Governor and 14 Cabinet by January 1 of the following year. This report shall 15 include a statement of the degree of maintenance control 16 achieved by individual nonindigenous aquatic plant species in 17 the intercounty waters of each of the water management 18 districts for the preceding county fiscal year, together with 19 an analysis of the costs of achieving this degree of control. 20 This cost accounting shall include the expenditures by all 21 governmental agencies in the waters of state responsibility. 22 If the level of maintenance control achieved falls short of 23 that which is deemed adequate by the districts department, 24 then the report shall include an estimate of the additional 25 funding that would have been required to achieve this level of 26 maintenance control. All measures of maintenance program 27 achievement and the related cost shall be presented by water 28 management districts so that comparisons may be made among the 29 water management districts, as well as with the state as a 30 whole. 31 16 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (8) The districts department shall have the authority 2 to cooperate with the United States and to enter into such 3 cooperative agreements or commitments as the districts 4 department may determine necessary to carry out the 5 maintenance, control, or eradication of water hyacinths, 6 alligator weed, and other noxious aquatic plant growths from 7 the waters of the state and to enter into contracts with the 8 United States obligating the state to indemnify and save 9 harmless the United States from any and all claims and 10 liability arising out of the initiation and prosecution of any 11 project undertaken under this section. However, any claim or 12 claims required to be paid under this section shall be paid 13 from money appropriated to the nonindigenous aquatic plant 14 control program. 15 (9) The districts department may delegate various 16 nonindigenous aquatic plant control and maintenance functions 17 to the Game and Fresh Water Fish Commission. The commission 18 shall, in accepting commitments to engage in nonindigenous 19 aquatic plant control and maintenance activities, be subject 20 to the rules of the districts department, except that the 21 commission shall regulate, control, and coordinate the use of 22 any fish for aquatic weed control in fresh waters of the 23 state. In addition, the commission shall render technical and 24 other assistance to the districts department in order to carry 25 out most effectively the purposes of s. 369.20. However, 26 nothing herein shall diminish or impair the regulatory 27 authority of the commission with respect to the powers granted 28 to it by s. 9, Art. IV of the State Constitution. 29 (10) The districts are department is directed to use 30 biological agents, excluding fish, for the control of 31 nonindigenous aquatic plants. 17 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (11) The districts department shall adopt, amend, or 2 repeal all rules as necessary to carry out the duties, 3 obligations, and powers set forth in this section and perform 4 any other acts necessary for the proper administration, 5 enforcement, or interpretation of this section, including 6 adopting rules and forms governing reports. 7 (12) No person or public agency shall control, 8 eradicate, remove, or otherwise alter any nonindigenous 9 aquatic plants in waters of the state unless a permit for such 10 activity has been issued by the applicable district 11 department, or unless the activity is in waters expressly 12 exempted by district department rule. Each district The 13 department shall develop standards by rule which shall 14 address, at a minimum, chemical, biological, and mechanical 15 control activities; an evaluation of the benefits of such 16 activities to the public; specific criteria recognizing the 17 differences between natural and artificially created waters; 18 and the different amount and quality of littoral vegetation on 19 various waters. Applications for a permit to engage in aquatic 20 plant control activities shall be made to the applicable 21 district department. In reviewing such applications, the 22 applicable district department shall consider the criteria set 23 forth in subsection (4). 24 Section 8. Section 369.25, Florida Statutes, is 25 amended to read: 26 369.25 Aquatic plants; definitions; permits; powers of 27 water management districts department; penalties.-- 28 (1) As used in this section, the term: 29 (a) "Aquatic plant" means any plant, including a 30 floating, emersed, submersed, or ditch bank species, growing 31 18 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 in, or closely associated with, an aquatic environment and 2 includes any part or seed of such plant. 3 (b) "District Department" means any water management 4 district listed in s. 369.22(2)(i) the Department of 5 Environmental Protection. 6 (c) "Nonnursery cultivation" means the tending of 7 aquatic plant species for harvest in the natural environment. 8 (d) "Noxious aquatic plant" means any part, including, 9 but not limited to, seeds or reproductive parts, of an aquatic 10 plant which has the potential to hinder the growth of 11 beneficial plants, interfere with irrigation or navigation, or 12 adversely affect the public welfare or the natural resources 13 of this state. 14 (e) "Person" includes a natural person, a public or 15 private corporation, a governmental entity, or any other kind 16 of entity. 17 (2) No person shall engage in any business involving 18 the importation, transportation, nonnursery cultivation, 19 collection, sale, or possession of any aquatic plant species 20 without a permit issued by the applicable district department 21 or the Department of Agriculture and Consumer Services. No 22 person shall import, transport, nonnursery cultivate, collect, 23 sell, or possess any noxious aquatic plant listed on the 24 prohibited aquatic plant list established by the districts 25 department without a permit issued by the applicable district 26 department or the Department of Agriculture and Consumer 27 Services. No permit shall be issued until the applicable 28 district department determines that the proposed activity 29 poses no threat or danger to the waters, wildlife, natural 30 resources, or environment of the state. 31 19 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (3) A district The department has the following 2 powers: 3 (a) To make such rules governing the importation, 4 transportation, nonnursery cultivation, collection, and 5 possession of aquatic plants as may be necessary for the 6 eradication, control, or prevention of the dissemination of 7 noxious aquatic plants that are not inconsistent with rules of 8 the Department of Agriculture and Consumer Services. 9 (b) To establish by rule lists of aquatic plant 10 species regulated under this section, including those exempted 11 from such regulation, provided the Department of Agriculture 12 and Consumer Services and the Game and Fresh Water Fish 13 Commission approve such lists prior to the lists becoming 14 effective. 15 (c) To evaluate an aquatic plant species through 16 research or other means to determine whether such species 17 poses a threat or danger to the waters, wildlife, natural 18 resources, or environment of the state. 19 (d) To declare a quarantine against aquatic plants, 20 including the vats, pools, or other containers or bodies of 21 water in which such plants are growing, except in aquatic 22 plant nurseries, to prevent the dissemination of any noxious 23 aquatic plant. 24 (e) To make rules governing the application for, 25 issuance of, suspension of, and revocation of permits under 26 this section. 27 (f) To enter into cooperative agreements with any 28 person as necessary or desirable to carry out and enforce the 29 provisions of this section. 30 (g) To purchase all necessary supplies, material, and 31 equipment and accept all grants and donations useful in the 20 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 implementation and enforcement of the provisions of this 2 section. 3 (h) To enter upon and inspect any facility or place, 4 except aquatic plant nurseries regulated by the Department of 5 Agriculture and Consumer Services, where aquatic plants are 6 cultivated, held, packaged, shipped, stored, or sold, or any 7 vehicle of conveyance of aquatic plants, to ascertain whether 8 the provisions of this section and district rules department 9 regulations are being complied with, and to seize and destroy, 10 without compensation, any aquatic plants imported, 11 transported, cultivated, collected, or otherwise possessed in 12 violation of this section or district rules department 13 regulations. 14 (i) To conduct a public information program, 15 including, but not limited to, erection of road signs, in 16 order to inform the public and interested parties of this 17 section and its associated rules and of the dangers of noxious 18 aquatic plant introductions. 19 (4) The districts department shall adopt rules which 20 limit the sanctions available for violations under this act to 21 quarantine and confiscation: 22 (a) If the prohibited activity apparently results from 23 natural dispersion; or 24 (b) If a small amount of noxious aquatic plant 25 material incidentally adheres to a boat or boat trailer 26 operated by a person who is not involved in any phase of the 27 aquatic plant business and if that person is not knowingly 28 violating this act. 29 (5)(a) A Any person who violates any provision the 30 provisions of this section commits is guilty of a misdemeanor 31 21 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 of the second degree, punishable as provided in s. 775.082 or 2 s. 775.083. 3 (b) All law enforcement officers of the state and its 4 agencies with power to make arrests for violations of state 5 law shall enforce the provisions of this section. 6 Section 9. Section 369.251, Florida Statutes, is 7 amended to read: 8 369.251 Invasive nonnative plants; prohibitions; 9 study; removal; rules.-- 10 (1) A person may not sell, transport, collect, 11 cultivate, or possess any plant, including any part or seed, 12 of the species Melaleuca quinquenervia, Schinus 13 terebinthifolius, Casuarina equisetifolia, Casuarina glauca, 14 or Mimosa pigra without a permit from the applicable water 15 management district department. Any person who violates this 16 section commits a misdemeanor of the second degree, punishable 17 by fine only, as provided in s. 775.083. 18 (2) The water management districts department shall 19 study methods of control of plants of the species Melaleuca 20 quinquenervia, Schinus terebinthifolius, Casuarina 21 equisetifolia, Casuarina glauca, and Mimosa pigra. The South 22 Florida Water Management District shall undertake programs to 23 remove such plants from conservation area I, conservation area 24 II, and conservation area III of the district. 25 (3) The water management districts department shall 26 adopt rules necessary to implement this section. Possession or 27 transportation resulting from natural dispersion, mulching 28 operations, control and disposal, or use in herbaria or other 29 educational or research institutions, or for other reasons 30 determined by the water management districts department to be 31 consistent with this section and where there is neither the 22 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 danger of, nor intent to, further disperse any plant species 2 prohibited by this section, is not subject to the permit or 3 penalty provisions of this section. 4 Section 10. Section 369.252, Florida Statutes, 1996 5 Supplement, is amended to read: 6 369.252 Invasive exotic plant control on public 7 lands.--The water management districts department shall 8 establish a program to: 9 (1) Achieve eradication or maintenance control of 10 invasive exotic plants on public lands when the scientific 11 data indicate that they are detrimental to the state's natural 12 environment; 13 (2) Assist state and local government agencies in the 14 development and implementation of coordinated management plans 15 for the control of invasive exotic plant species on public 16 lands; 17 (3) Contract, or enter into agreements, with entities 18 in the State University System or other governmental entities 19 for research concerning biological control agents; production 20 and growth of biological control agents; and development of 21 workable methods for the management of invasive exotic plants 22 on public lands; and 23 (4) Use funds in the Aquatic Plant Control Trust Fund 24 as authorized by the Legislature for carrying out activities 25 under this section on public lands. 26 Section 11. Paragraph (r) of subsection (2) of section 27 403.813, Florida Statutes, 1996 Supplement, is amended to 28 read: 29 403.813 Permits issued at district centers; 30 exceptions.-- 31 23 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (2) No permit under this chapter, chapter 373, chapter 2 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 3 Laws of Florida, 1949, shall be required for activities 4 associated with the following types of projects; however, 5 nothing in this subsection relieves an applicant from any 6 requirement to obtain permission to use or occupy lands owned 7 by the Board of Trustees of the Internal Improvement Trust 8 Fund or any water management district in its governmental or 9 proprietary capacity or from complying with applicable local 10 pollution control programs authorized under this chapter or 11 other requirements of county and municipal governments: 12 (r) The removal of noxious aquatic plants, the removal 13 of tussocks, the associated replanting of indigenous aquatic 14 plants, or the associated removal from lakes of 15 unconsolidated, flocculent organic detrital material that 16 exists on the surface of natural mineral soil which is 17 necessary to accomplish such plant removal or replanting, or 18 the removal of aquatic plants for aquatic plant management, 19 including associated incidental removal of sediment attached 20 to plant roots, if these activities have a valid permit issued 21 by a water management district the department under s. 369.20 22 or s. 369.25. This paragraph does not apply to any mitigation 23 proposed to offset the impacts of activities permitted under 24 chapter 373. 25 Section 12. Subsection (2) of section 581.145, Florida 26 Statutes, 1996 Supplement, is amended to read: 27 581.145 Aquatic plant nursery registration; special 28 permit requirements.-- 29 (2) It shall be unlawful for any nursery or nursery 30 stock dealer to import, transport, cultivate, collect, sell, 31 or possess any noxious aquatic plant listed on the prohibited 24 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 aquatic plant list established by a water management district 2 the Department of Environmental Protection in s. 369.25(3)(b) 3 without a special permit issued by the department. 4 (a) No special permit shall be issued until the 5 department determines that the proposed activity poses no 6 threat or danger to the waters, wildlife, natural resources, 7 agriculture, or environment of the state. 8 (b) The department may not issue a special permit with 9 respect to a prohibited aquatic plant species if a water 10 management district the Department of Environmental Protection 11 prohibits the importation, transportation, cultivation, 12 collection, sale, or possession of the species. 13 Section 13. Paragraph (b) of subsection (1) of section 14 597.004, Florida Statutes, 1996 Supplement, is amended to 15 read: 16 597.004 Aquaculture certificate of registration.-- 17 (1) CERTIFICATION.-- 18 (b) Any aquatic plant producer certified by a water 19 management district the department pursuant to s. 369.25 shall 20 also be issued an aquaculture certificate of registration. 21 Section 14. Paragraph (e) of subsection (2) of section 22 253.783, Florida Statutes, is amended to read: 23 253.783 Additional powers and duties of the 24 department; disposition of surplus lands; payments to 25 counties.-- 26 (2) It is declared to be in the public interest that 27 the department shall do and is hereby authorized to do any and 28 all things and incur and pay from the Cross Florida Barge 29 Canal Trust Fund, for the public purposes described herein, 30 any and all expenses necessary, convenient, and proper to: 31 25 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (e) Refund to the counties of the Cross Florida Canal 2 Navigation District moneys pursuant to this paragraph from the 3 funds remaining in the Cross Florida Barge Canal Trust Fund 4 from the funds derived from the conveyance of lands of the 5 project to the Federal Government or any agency thereof, 6 pursuant to s. 253.781, and from the sales of surplus lands 7 pursuant to this section. Following federal deauthorization of 8 the project, such refunds shall consist of the $9,340,720 9 principal in ad valorem taxes contributed by the counties and 10 the interest which had accrued on that amount from the time of 11 payment to June 30, 1985. In no event shall the counties be 12 paid less than the aggregate sum of $32 million in cash or the 13 appraised values of the surplus lands. Such refunds shall be 14 in proportion to the ad valorem tax share paid to the Cross 15 Florida Canal Navigation District by the respective counties. 16 Should the remaining funds in the Cross Florida Barge Canal 17 Trust Fund and the funds derived from the conveyance of lands 18 of the project to the Federal Government for payment or from 19 the sale of surplus land be inadequate to pay the total of the 20 principal plus interest, first priority shall be given to 21 repaying the principal and second priority shall be given to 22 repaying the interest. Interest to be refunded to the counties 23 shall be compounded annually at the following rates: 24 1937-1950, 4 percent; 1951-1960, 5 percent; 1961-1970, 6 25 percent; 1971-1975, 7 percent; 1976-June 30, 1985, 8 percent. 26 In computing interest, amounts already repaid to the counties 27 shall not be subject to further assessments of interest. Any 28 partial repayments provided to the counties under this act 29 shall be considered as contributing to the total repayment 30 owed to the counties. Should the funds generated by conveyance 31 to the Federal Government and sales of surplus lands be more 26 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 than sufficient to repay said counties in accordance with this 2 section, such excess funds may be used for the maintenance of 3 the greenways corridor. In no case shall general revenue funds 4 be used to repay interest owed to the counties. 5 Section 15. Subsection (1) of section 61.1812, Florida 6 Statutes, is amended to read: 7 61.1812 Child Support Incentive Trust Fund.-- 8 (1) The Child Support Incentive Trust Fund is hereby 9 created, to be administered by the Department of Revenue. All 10 child support enforcement incentive earnings and that portion 11 of the state share of Title IV-A public assistance collections 12 recovered in fiscal year 1996-1997 by the Title IV-D program 13 of the department which is in excess of the amount estimated 14 by the February 1997 Social Services Estimating Conference to 15 be recovered in fiscal year 1996-1997 shall be credited to the 16 trust fund, and no other receipts, except interest earnings, 17 shall be credited thereto. For fiscal years beginning with 18 1997-1998, in addition to incentive earnings and interest 19 earnings, that portion of the state share of Title IV-A public 20 assistance collections recovered in each fiscal year by the 21 Title IV-D program of the department which is in excess of the 22 amount estimated by the February 1997 Social Services 23 Estimating Conference to be recovered in fiscal year 1997-1998 24 shall be credited to the trust fund. The purpose of the trust 25 fund is to account for federal incentive payments to the state 26 for child support enforcement and to support the activities of 27 the child support enforcement program under Title IV-D of the 28 Social Security Act. The department shall invest the money in 29 the trust fund pursuant to ss. 215.44-215.52, and retain all 30 interest earnings in the trust fund. The department shall 31 separately account for receipts credited to the trust fund. 27 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 Annually, on June 30, if revenues deposited into the trust 2 fund, exclusive of federal child support incentive earnings, 3 have exceeded expenditures for the child support enforcement 4 program administered by the department for the prior 12-month 5 period, the excess revenues are hereby transferred to the 6 General Revenue Fund. 7 Section 16. Sections 585.70, 585.71, 585.715, 585.72, 8 585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79, 9 585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86, 10 585.87, 585.88, 585.89, 585.90, 585.902, 585.903, 585.904, 11 585.91, 585.92, 585.93, and 585.96, Florida Statutes, are 12 repealed. 13 Section 17. Section 205.1951, Florida Statutes, is 14 repealed. 15 Section 18. Section 570.50, Florida Statutes, is 16 amended to read: 17 570.50 Division of Food Safety; powers and 18 duties.--The duties of the Division of Food Safety include, 19 but are not limited to: 20 (1) Enforcing those provisions of chapter 585, and the 21 rules adopted under that chapter, relating to the inspection 22 of meat and the antemortem and postmortem inspection of 23 poultry. 24 (1)(2) Conducting those general inspection activities 25 relating to food and food products being processed, held, or 26 offered for sale in this state and enforcing those provisions 27 of chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601 28 relating to foods as authorized by the department. 29 (2)(3) Analyzing samples of foods offered for sale in 30 this state as required under chapters 500, 501, 502, 503, 585, 31 586, and 601. 28 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 (3)(4) Investigating, evaluating, and developing new 2 or improved methodology to enhance the analytical capability 3 and efficiency of all divisional laboratories and performing 4 other related analyses as deemed necessary. 5 (4)(5) Analyzing food and feed samples offered for 6 sale in the state for chemical residues as required under the 7 adulteration sections of chapters 500 and 580. 8 Section 19. Subsection (2) of section 570.51, Florida 9 Statutes, is amended to read: 10 570.51 Director; qualifications; duties.-- 11 (2) The director shall supervise, direct, and 12 coordinate the activities of the division and enforce the 13 provisions of chapters 500, 501, 502, 503, 531, 583, 585, and 14 601 and any other chapter necessary to carry out the 15 responsibilities of the division. 16 Section 20. Sections 828.22, 828.23, 828.24, 828.25, 17 and 828.26, Florida Statutes, are repealed. 18 Section 21. Section 877.05, Florida Statutes, is 19 amended to read: 20 877.05 Killing young veal for sale; penalty; 21 exception.--Whoever kills or causes to be killed for the 22 purpose of sale, any calf less than 4 weeks old, and knowingly 23 sells, or has in his possession with intent to sell, the meat 24 of any calf killed when less than 4 weeks old, shall be guilty 25 of a misdemeanor of the second degree, punishable as provided 26 in s. 775.083. This section shall not apply to calves 27 slaughtered on the premises of meat packing or slaughtering 28 establishments operating under state or federal meat 29 inspection supervision. 30 Section 22. Subsections (1) and (2) of section 877.06, 31 Florida Statutes, are amended to read: 29 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 877.06 Labeling of beef not slaughtered according to 2 state or United States standards; enforcement; penalty.-- 3 (1) Every person, firm, or corporation operating a 4 restaurant or any other eating place, or retail or wholesale 5 market or packinghouse, in this state, and who sells beef that 6 has not been slaughtered and inspected according to standards 7 established by either the Government of Florida or of the 8 United States, shall mark, stamp, or describe the same by the 9 following words, "slaughtered in" followed by the name of the 10 state or country and the words "has not been slaughtered and 11 inspected according to federal or state standards." 12 (2)(a) Packinghouses and wholesale and retail meat 13 markets before sale of beef which is within the purview of 14 subsection (1) shall plainly stamp on each carcass, each 15 carton, each can, and each container, the words prescribed in 16 subsection (1) and all advertising as to the sale of such beef 17 shall include such words; provided, however, that a 18 conspicuous sign containing the words prescribed in subsection 19 (1) visibly displayed near the display of such beef in retail 20 markets may be used when the stamping of individual cuts of 21 beef is impractical. 22 (b) It shall be the duty of the Department of 23 Agriculture and Consumer Services through its agents or 24 inspectors to enforce the provisions of this subsection. 25 Section 23. Subsection (2) of section 215.3206, 26 Florida Statutes, is amended to read: 27 215.3206 Trust funds; termination or re-creation.-- 28 (2) If the trust fund is terminated and not 29 immediately re-created, all cash balances and income of the 30 trust fund shall be deposited into the General Revenue Fund. 31 The agency or Chief Justice shall pay any outstanding debts of 30 CODING: Words stricken are deletions; words underlined are additions. HB 1835, First Engrossed 1 the trust fund as soon as practicable, and the Comptroller 2 shall close out and remove the trust fund from the various 3 state accounting systems, using generally accepted accounting 4 practices concerning warrants outstanding, assets, and 5 liabilities. No appropriation or budget amendment shall be 6 construed to authorize any encumbrance of funds from a trust 7 fund after the date on which the trust fund is terminated or 8 is judicially determined to be invalid. 9 Section 24. This act shall take effect July 1, 1997. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31