CODING: Words stricken are deletions; words underlined are additions.


H

Senators Laurent and Kirkpatrick moved the following
amendment:



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    

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10                                                                

11  Senators Laurent and Kirkpatrick moved the following amendment

12  :

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  It is the intent of the Legislature that

19  the amendments provided in this act prevail over other

20  amendments of the same sections in any other law enacted at

21  the 1998 Regular Session of the Legislature, regardless of the

22  time at which the respective acts became law. The Legislature

23  declares that this act represents the full and total intent of

24  the Legislature with respect to those sections of the Florida

25  Statutes amended by this act.

26         Section 2.  Subsection (3) is added to section 253.72,

27  Florida Statutes, to read:

28         253.72  Marking of leased areas; restrictions on public

29  use.--

30         (3)  To assist in protecting shellfish aquaculture

31  products produced on leases authorized pursuant to this

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  chapter and chapter 370, harvesting shellfish is prohibited

 2  within a distance of 25 feet outside lawfully marked lease

 3  boundaries or within setback and access corridors within

 4  specifically designated high-density aquaculture lease areas

 5  and aquaculture use zones.

 6         Section 3.  Subsections (1), (2), and (4) of section

 7  370.027, Florida Statutes, are amended to read:

 8         370.027  Rulemaking authority with respect to marine

 9  life.--

10         (1)  Pursuant to the policy and standards in s.

11  370.025, the Marine Fisheries Commission is delegated full

12  rulemaking authority over marine life, with the exception of

13  marine aquaculture products produced by an individual

14  certified under s. 597.004 and endangered species, subject to

15  final approval by the Governor and Cabinet sitting as the

16  Board of Trustees of the Internal Improvement Trust Fund, in

17  the areas of concern herein specified. The commission is

18  instructed to make recommendations annually to the Governor

19  and Cabinet regarding the marine fisheries research priorities

20  and funding of the Department of Environmental Protection. All

21  administrative and enforcement responsibilities which are

22  unaffected by the specific provisions of this act continue to

23  be the responsibility of the Department of Environmental

24  Protection. The authority to regulate fishing gear in

25  residential, manmade saltwater canals is specifically not

26  delegated to the commission and is retained by the

27  Legislature.

28         (2)  Exclusive rulemaking authority in the following

29  areas relating to marine life, with the exception of marine

30  aquaculture products produced by individuals certified under

31  s. 597.004 and endangered species, is vested in the

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    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  commission; any conflicting authority of any division or

 2  bureau of the department or any other agency of state

 3  government is withdrawn as of the effective date of the rule

 4  proposed by the commission and approved by the Governor and

 5  Cabinet, and the inconsistent rule, or the inconsistent part

 6  thereof, is superseded to the extent of the inconsistency:

 7         (a)  Gear specifications;

 8         (b)  Prohibited gear;

 9         (c)  Bag limits;

10         (d)  Size limits;

11         (e)  Species that may not be sold;

12         (f)  Protected species;

13         (g)  Closed areas, except for public health purposes;

14         (h)  Quality control, except for oysters, clams,

15  mussels, and crabs, unless such authority is delegated to the

16  Department of Agriculture and Consumer Services;

17         (i)  Seasons; and

18         (j)  Special considerations relating to eggbearing

19  females.

20         (4)  Marine aquaculture producers shall be regulated by

21  the Department of Agriculture and Consumer Services. Marine

22  aquaculture products produced by a marine aquaculture

23  producer, certified pursuant to s. 597.004, are exempt from

24  Marine Fisheries Commission resource management rules, with

25  the exception of such rules governing any fish or the genus

26  Centropomus (snook), the genus Sciaenops (red drum), of or the

27  genus Cynoscion (spotted sea trout).  Marine Fisheries

28  Commission rules relating to the aquacultural production of

29  red drum and spotted sea trout must be developed and adopted

30  by the commission no later than 1 year from October 1, 1996.

31         Section 4.  Paragraph (a) of subsection (2) and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  subsection (4) of section 370.06, Florida Statutes, are

 2  amended to read:

 3         370.06  Licenses.--

 4         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

 7  saltwater products, or which harvests saltwater products with

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

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

10  aquaculture certificate under s. 597.004 is not required to

11  purchase and possess a saltwater products license in order to

12  possess, transport, or sell marine aquaculture products.  Each

13  saltwater products license allows the holder to engage in any

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

15  license must be in the possession of the licenseholder or

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

17  time that harvesting activities for which a license is

18  required are being conducted. A restricted species endorsement

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

20  licensed wholesale dealer those species which the state, by

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

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

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

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

25  attributable to the sale of saltwater products pursuant to a

26  license issued under this paragraph or a similar license from

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

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

29  its income is attributable to the sale of saltwater products

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

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

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    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





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

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

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

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

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

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

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

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

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

10  attributable to work, employment, entrepreneurship, pensions,

11  retirement benefits, and social security benefits. To renew an

12  existing restricted species endorsement, marine aquaculture

13  producers possessing a valid saltwater products license with a

14  restricted species endorsement may apply income from the sale

15  of marine aquaculture products to licensed wholesale dealers.

16         1.  The department is authorized to require

17  verification of such income. Acceptable proof of income earned

18  from the sale of saltwater products shall be:

19         a.  Copies of trip ticket records generated pursuant to

20  this subsection (marine fisheries information system),

21  documenting qualifying sale of saltwater products;

22         b.  Copies of sales records from locales other than

23  Florida documenting qualifying sale of saltwater products;

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

25  including Form 1099 attachments, verifying income earned from

26  the sale of saltwater products;

27         d.  Crew share statements verifying income earned from

28  the sale of saltwater products; or

29         e.  A certified public accountant's notarized statement

30  attesting to qualifying source and amount of income.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





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

 2  Florida Statutes to the contrary notwithstanding, any person

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

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

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

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

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

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

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

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

11  products enterprise by affidavit and shall thereupon be issued

12  a restricted species endorsement.

13         2.  Exceptions from income requirements shall be as

14  follows:

15         a.  A permanent restricted species endorsement shall be

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

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

18         b.  Active military duty time shall be excluded from

19  consideration of time necessary to qualify and shall not be

20  counted against the applicant for purposes of qualifying.

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

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

23  for a restricted species endorsement, the purchaser of such

24  vessel shall be exempted from the qualifying income

25  requirement for the purpose of obtaining a restricted species

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

27  vessel.

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

29  possessing a restricted species endorsement, an immediate

30  family member wishing to carry on the fishing operation shall

31  be exempted from the qualifying income requirement for the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  purpose of obtaining a restricted species endorsement for a

 2  period of 1 year after the death or disablement.

 3         e.  A restricted species endorsement may be issued on

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

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

 6  the sale of saltwater products pursuant to the provisions of

 7  this paragraph.

 8         f.  A permanent restricted species endorsement may also

 9  be issued on an individual saltwater products license to a

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

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

12

13  At least one saltwater products license bearing a restricted

14  species endorsement shall be aboard any vessel harvesting

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

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

17  vessel shall have a commercial vessel registration. This

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

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

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

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

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

23  shall be issued with each saltwater products license issued to

24  a valid boat registration number. The saltwater products

25  license decal shall be the same color as the vessel

26  registration decal issued each year pursuant to s. 327.11(5)

27  s. 327.11(7) and shall indicate the period of time such

28  license is valid. The saltwater products license decal shall

29  be placed beside the vessel registration decal and, in the

30  case of an undocumented vessel, shall be placed so that the

31  vessel registration decal lies between the vessel registration

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  number and the saltwater products license decal. Any saltwater

 2  products license decal for a previous year shall be removed

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

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

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

 6  for a saltwater products license issued to a valid boat

 7  registration number. A nonresident shall pay an annual license

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

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

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

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

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

13  products license issued to a valid boat registration number.

14  Any person who sells saltwater products pursuant to this

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

16  saltwater products license must be presented to the licensed

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

18  imprint made thereof. The wholesale dealer shall keep records

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

20  of the Department of Environmental Protection not in conflict

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

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

23  unlawful for any licensed wholesale dealer to buy saltwater

24  products from any unlicensed person under the provisions of

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

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

27  licensed wholesale dealer to buy saltwater products designated

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

29  not possessing a restricted species endorsement on his or her

30  saltwater products license under the provisions of this

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  another licensed wholesale dealer. The Department of

 2  Environmental Protection shall be the licensing agency, may

 3  contract with private persons or entities to implement aspects

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

 5  fisheries information system in conjunction with the licensing

 6  program to gather fisheries data.

 7         (4)  SPECIAL ACTIVITY LICENSES.--

 8         (a)  A special activity license is required for any

 9  person to use gear or equipment not authorized in this chapter

10  or rule of the Marine Fisheries Commission for harvesting

11  saltwater species. In accordance with this chapter, s. 16,

12  Art. X of the State Constitution, and rules of the Marine

13  Fisheries Commission, the department may issue special

14  activity licenses for the use of nonconforming gear or

15  equipment, including, but not limited to, trawls, seines and

16  entangling nets, traps, and hook and line gear, to be used in

17  harvesting saltwater species for scientific and governmental

18  purposes and, where allowable, for innovative fisheries. The

19  department may prescribe by rule application requirements and

20  terms, conditions, and restrictions to be incorporated into

21  each special activity license. This subsection does not apply

22  to gear or equipment used by certified marine aquaculturists

23  to harvest marine aquaculture products. Any person who seeks

24  to use special gear or equipment in harvesting saltwater

25  species must purchase a special activity license as specified

26  by law to engage in such activities. The department may issue

27  special activity licenses, in accordance with s. 370.071, to

28  permit the cultivation of oysters, clams, mussels, and crabs

29  when such aquaculture activities relate to quality control,

30  sanitation, and public health regulations.  The department may

31  prescribe by rule special terms, conditions, and restrictions

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  for any special activity license.

 2         (b)  The department is authorized to issue special

 3  activity licenses in accordance with this section and s.

 4  370.31, to permit the importation, possession, and aquaculture

 5  of anadromous sturgeon.  The special activity license shall

 6  provide for specific best management practices to prevent the

 7  release and escape of cultured anadromous sturgeon and to

 8  protect indigenous populations of saltwater species from

 9  sturgeon-borne disease.

10         (c)  The department is authorized to issue special

11  activity licenses, in accordance with s. 370.071, to permit

12  the harvest or cultivation of oysters, clams, mussels, and

13  crabs when such activities relate to quality control,

14  sanitation, public health regulations, innovative technologies

15  for aquaculture activities, or the protection of shellfish

16  resources provided in this chapter, unless such authority is

17  delegated to the Department of Agriculture and Consumer

18  Services pursuant to a memorandum of understanding.

19         (d)  The conditions and specific management practices

20  established in this section may be incorporated into permits

21  and authorizations issued pursuant to chapter 253, chapter

22  370, chapter 373, or chapter 403, when incorporating such

23  provisions is in accordance with the aquaculture permit

24  consolidation procedures. No separate issuance of a special

25  activity license is required when conditions and specific

26  management practices are incorporated into permits or

27  authorizations under this paragraph. Implementation of this

28  section to consolidate permitting actions does not constitute

29  rules within the meaning of s. 120.52.

30         Section 5.  Subsections (1), (2), and (5) of section

31  370.081, Florida Statutes, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         370.081  Illegal importation or possession of

 2  nonindigenous marine plants and animals; rules and

 3  regulations.--

 4         (1)  It is unlawful to import or possess any marine

 5  plant or marine animal, not indigenous to the state, which,

 6  due to the stimulating effect of the waters of the state on

 7  procreation, may endanger or infect the marine resources of

 8  the state or pose a human health hazard, except as provided in

 9  this section subsection (4).

10         (2)  Marine animals not to be imported shall include,

11  but are not limited to, all species of the following:

12         (a)  Sea snakes (Family Hydrophiidae), except as

13  provided in subsection (4);

14         (b)  Rabbitfishes (Family Siganidae);

15         (b)(c)  Weeverfishes (Family Trachinidae); and

16         (c)(d)  Stonefishes (Genus Synanceja).

17         (5)  It is unlawful to release into the waters of the

18  state any nonindigenous saltwater species marine plant or

19  marine animal whether or not included in subsection (2) or

20  prohibited by rules and regulations adopted pursuant to

21  subsection (3) or authorized by subsection (4).

22         Section 6.  Subsection (2) of section 370.10, Florida

23  Statutes, is amended to read:

24         370.10  Crustacea, marine animals, fish; regulations;

25  general provisions.--

26         (2)  TAKING SALTWATER SPECIES ANIMALS FOR EXPERIMENTAL,

27  SCIENTIFIC, EDUCATION, AND EXHIBITION EXHIBITIONAL

28  PURPOSES.--Notwithstanding any other provisions of general or

29  special law to the contrary, the department may authorize

30  issue permits, upon such terms, conditions, and restrictions

31  as it may prescribe by rule, to any properly accredited person

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  to harvest or permitting him or her to collect and possess

 2  indigenous or nonindigenous saltwater species animals for

 3  experimental, scientific, education, and exhibition

 4  exhibitional purposes. Such authorizations permits may allow

 5  collection of specimens without regard to, and not limited to,

 6  size, seasonal closure, collection method, reproductive state,

 7  or bag limit.  Authorizations Permits issued under the

 8  provisions of this section may be suspended or revoked by the

 9  department if it finds that the person permitholder has

10  violated this section, department rules or orders, or terms or

11  conditions of the authorization permit or has submitted false

12  or inaccurate information in his or her application.

13         Section 7.  Subsection (12) of section 370.16, Florida

14  Statutes, is amended to read:

15         370.16  Oysters and shellfish; regulation.--

16         (12)  PROTECTION OF OYSTER AND CLAM REEFS AND

17  SHELLFISH.--

18         (a)  The Division of Marine Resources shall improve,

19  enlarge, and protect the natural oyster and clam reefs of this

20  state to the extent it may deem advisable and the means at its

21  disposal will permit.

22         (b)  The division shall also, to the same extent,

23  assist in protecting shellfish aquaculture products produced

24  on the leased or granted reefs in the hands of lessees or

25  grantees from the state. Harvesting shellfish is prohibited

26  within a distance of 25 feet outside lawfully marked lease

27  boundaries or within setback and access corridors within

28  specifically designated high-density aquaculture lease areas

29  and aquaculture use zones.

30         (c)  The division shall provide the Legislature

31  annually with recommendations for the development and the

                                  12
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  proper protection of the rights of the state and private

 2  holders therein with respect to the oyster and clam business.

 3         Section 8.  Section 370.26, Florida Statutes, is

 4  amended to read:

 5         370.26  Aquaculture definitions; marine aquaculture

 6  products, and producers, and facilities.--

 7         (1)  As used in this section, the term:

 8         (a)  "Marine product facility" means a facility built

 9  and operated for the purpose of producing marine products.

10  Marine product facilities contain culture systems such as, but

11  not limited to, ponds, tanks, raceways, cages, and bags used

12  for commercial production, propagation, growout, or product

13  enhancement of marine products. Marine product facilities

14  specifically do not include:

15         1.  Facilities that maintain marine aquatic organisms

16  exclusively for the purpose of shipping, distribution,

17  marketing, or wholesale and retail sales;

18         2.  Facilities that maintain marine aquatic organisms

19  for noncommercial, education, exhibition, or scientific

20  purposes;

21         3.  Facilities in which the activity does not require

22  an aquaculture certification pursuant to s. 597.004; or

23         4.  Facilities used by marine aquarium hobbyists.

24         (b)(a)  "Marine aquaculture producer" means a person

25  holding an aquaculture certificate pursuant to s. 597.004 to

26  produce marine aquaculture products for sale.

27         (c)(b)  "Marine aquaculture product" means any product

28  derived from marine aquatic organisms that are owned and

29  propagated, and grown, or produced under controlled conditions

30  by a person holding an aquaculture certificate pursuant to s.

31  597.004.  Such product does not include organisms harvested

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  from the wild for depuration, wet storage, or relayed for the

 2  purpose of controlled purification.  Marine aquaculture

 3  products are considered saltwater products for the purposes of

 4  this chapter, except the holder of an aquaculture certificate

 5  is not required to purchase and possess a saltwater products

 6  license in order to possess, transport, or sell marine

 7  aquaculture products pursuant to s. 370.06. To renew an

 8  existing restricted species endorsement, marine aquaculture

 9  producers possessing a valid saltwater products license with a

10  restricted species endorsement may apply income from the sales

11  of marine aquaculture products to licensed wholesale dealers.

12  Income from the sales of marine aquaculture products shall not

13  be eligible for the purpose of acquiring a new restricted

14  species endorsement. The holder of an aquaculture certificate

15  must purchase and possess a saltwater products license in

16  order to possess, transport, or and sell saltwater products

17  not specifically provided for in s. 597.004.

18         (2)  The Department of Environmental Protection shall

19  encourage the development of aquaculture and the production of

20  aquaculture products.

21         (3)  The department shall establish an Aquaculture

22  Section within the Bureau of Marine Resource Regulation and

23  Development within the Division of Marine Resources.

24         (a)  The department Aquaculture Section shall develop a

25  process consistent with this section that would consolidate

26  permits, general permits, special activity licenses, and other

27  regulatory requirements to streamline the permitting process

28  and result in effective regulation of aquaculture activities.

29  This process shall provide for a single application and

30  application fee for marine aquaculture activities that are

31  regulated by the department. Procedures to consolidate

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  permitting actions under this section do not constitute rules

 2  within the meaning of s. 120.52.

 3         (3)(b)  The Department of Agriculture and Consumer

 4  Services Aquaculture Section shall act as a clearinghouse for

 5  aquaculture applications submitted to the department, and act

 6  as a liaison between the Division of Marine Resources, the

 7  Division of State Lands, the Department of Environmental

 8  Protection district offices, other divisions within the

 9  Department of Environmental Protection, and the water

10  management districts. The Department of Agriculture and

11  Consumer Services shall be responsible for regulating marine

12  aquaculture producers, except as specifically provided herein.

13         (4)  The department shall make available state lands

14  and the water column for the purpose of producing aquaculture

15  products when the aquaculture activity is compatible with

16  state resource management goals, environmental protection, and

17  propriety interest and when such state lands and waters are

18  determined to be suitable for aquaculture development by the

19  Board of Trustees of the Internal Improvement Trust Fund

20  pursuant to s. 253.68.

21         (a)  The department shall act in cooperation with other

22  state and local agencies and programs to identify and

23  designate sovereignty lands and waters that would be suitable

24  for aquaculture development.

25         (b)  The department shall identify and evaluate

26  specific tracts of sovereignty submerged lands and water

27  columns in various areas of the state to determine where such

28  lands and waters are suitable for leasing for aquaculture

29  purposes.  Nothing in this paragraph or paragraph (a) shall

30  preclude the applicant from applying for sites identified by

31  the applicant.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         (5)  Authorizations under part IV of chapter 373 shall

 2  be issued in conjunction with the authorization to use

 3  sovereignty submerged land for aquaculture when the

 4  aquaculture activities are authorized in the aquaculture lease

 5  agreement.

 6         (6)  Until such time that aquaculture general permits

 7  under s. 403.814 s. 403.088 can be expanded and developed, the

 8  department shall establish criteria to temporarily permit

 9  aquaculture activities that may be presumed not to result in

10  adverse environmental impacts. The criteria developed pursuant

11  to this subsection do not constitute rules within the meaning

12  of s. 120.52. Permit application fees under this subsection

13  shall be no more than that established for a general permit.

14  The department may delegate to the water management districts

15  the regulatory authority for aquaculture facilities subject to

16  the temporary general permitting criteria of this subsection.

17  During the period prior to development of a general permit

18  under s. 403.814 s. 403.088, the department shall establish a

19  compliance plan based on monitoring results that will assist

20  in the development of the general permit.

21         (7)  The department shall request that the Aquaculture

22  Review Council identify a working group of industry

23  representatives who can provide technical assistance in

24  developing aquaculture general permits.  The industry

25  representatives shall come from the segment of the industry to

26  be affected by the specific general permit to be developed.

27  The working group shall be included in all phases of

28  developing the aquaculture general permits.

29         (8)  The department shall coordinate with the

30  Aquaculture Review Council, the Aquaculture Interagency

31  Coordinating Council, and the Department of Agriculture and

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  Consumer Services when developing criteria for aquaculture

 2  general permits.

 3         (9)  The department shall encourage the development of

 4  aquaculture in the state through the following:

 5         (a)  Providing assistance in developing technologies

 6  applicable to aquaculture activities, evaluating practicable

 7  production alternatives, and providing management agreements

 8  to develop innovative culture practices.

 9         (b)  Permitting experimental technologies to collect

10  and evaluate data necessary to reduce or mitigate

11  environmental concerns.

12         (c)  Providing technical expertise and promoting the

13  transfer of information that would be beneficial to the

14  development of aquaculture.

15         (d)  Facilitating aquaculture research on life

16  histories, stock enhancement, and alternative species, and

17  providing research results that would assist in the

18  evaluation, development, and commercial production of

19  candidate species for aquaculture, including:

20         1.  Providing eggs, larvae, fry, and fingerlings to

21  aquaculturists when excess cultured stocks are available from

22  the department's facilities and the culture activities are

23  consistent with the department's stock enhancement projects.

24  Such stocks may be obtained by reimbursing the department for

25  the cost of production on a per-unit basis. Revenues resulting

26  from the sale of stocks shall be deposited into the trust fund

27  used to support the production of such stocks.

28         2.  Conducting research programs to evaluate candidate

29  species when funding and staff are available.

30         3.  Encouraging the private production of marine fish

31  and shellfish stocks for the purpose of providing such stocks

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  for statewide stock enhancement programs.  When such stocks

 2  become available, the department shall reduce or eliminate

 3  duplicative production practices that would result in direct

 4  competition with private commercial producers.

 5         4.  Developing a working group, in cooperation with the

 6  Department of Agriculture and Consumer Services, the

 7  Aquaculture Review Council, and the Aquaculture Interagency

 8  Coordinating Council, to plan and facilitate the development

 9  of private marine fish and nonfish hatcheries and to encourage

10  private/public partnerships to promote the production of

11  marine aquaculture products.

12         (e)  Cooperating with the Game and Fresh Water Fish

13  Commission and public and private research institutions within

14  the state to advance the aquaculture production and sale of

15  sturgeon as a food fish.

16         (10)  The department shall coordinate with the

17  Aquaculture Review Council and the Department of Agriculture

18  and Consumer Services to establish and implement grant

19  programs to provide funding for projects and programs that are

20  identified in the state's aquaculture plan, pending

21  legislative appropriations. The department and the Department

22  of Agriculture and Consumer Services shall establish and

23  implement a grant program to make grants available to

24  qualified nonprofit, educational, and research entities or

25  local governments to fund infrastructure, planning, practical

26  and applied research, development projects, production

27  economic analysis, and training and stock enhancement

28  projects, and to make grants available to counties,

29  municipalities, and other state and local entities for applied

30  aquaculture projects that are directed to economic

31  development, pending legislative appropriations.

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         (11)  The department shall provide assistance to the

 2  Department of Agriculture and Consumer Services in the

 3  development of an aquaculture plan for the state.

 4         Section 9.  Subsection (1) of section 372.0225, Florida

 5  Statutes, is amended to read:

 6         372.0225  Freshwater organisms.--

 7         (1)  The Division of Fisheries of the Game and Fresh

 8  Water Fish Commission, in order to manage the promotion,

 9  marketing, and quality control of all freshwater organisms

10  produced in Florida and utilized commercially so that such

11  organisms shall be used to produce the optimum sustained yield

12  consistent with the protection of the breeding stock, is

13  directed and charged with the responsibility of:

14         (a)  Providing for the regulation of the promotion,

15  marketing, and quality control of freshwater organisms

16  produced in Florida and utilized commercially.

17         (b)  Regulating the processing of commercial freshwater

18  organisms on the water or on the shore.

19         (c)  Providing documentation standards and statistical

20  record requirements with respect to commercial freshwater

21  organism catches.

22         (d)  Regulating aquacultural facilities.

23         (d)(e)  Conducting scientific, economic, and other

24  studies and research on all freshwater organisms produced in

25  the state and used commercially.

26         Section 10.  Paragraph (g) of subsection (1) of section

27  372.65, Florida Statutes, is amended to read:

28         372.65  Freshwater fish dealer's license.--

29         (1)  No person shall engage in the business of taking

30  for sale or selling any frogs or freshwater fish, including

31  live bait, of any species or size, or importing any exotic or

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  nonindigenous fish, until such person has obtained a license

 2  and paid the fee therefor as set forth herein.  The license

 3  issued shall be in the possession of the person to whom issued

 4  while such person is engaging in the business of taking for

 5  sale or selling freshwater fish or frogs, is not transferable,

 6  shall bear on its face in indelible ink the name of the person

 7  to whom it is issued, and shall be affixed to a license

 8  identification card issued by the commission.  Such license is

 9  not valid unless it bears the name of the person to whom it is

10  issued and is so affixed. The failure of such person to

11  exhibit such license to the commission or any of its wildlife

12  officers when such person is found engaging in such business

13  is a violation of law.  The license fees and activities

14  permitted under particular licenses are as follows:

15         (g)  Any individual or business issued an aquaculture

16  certificate, pursuant to s. 597.004, shall be exempt with

17  respect to aquaculture products authorized under such

18  certificate from the aquaculture game fish license and the

19  resident freshwater fish dealer's license.  The commission is

20  authorized to require that cultured game fish sold be tagged

21  and to assess a fee of not more than 5 cents for each tag,

22  which shall be furnished by the commission.

23         Section 11.  Subsections (3) and (4) of section

24  372.6672, Florida Statutes, are amended to read:

25         372.6672  Alligator management and trapping program

26  implementation; commission authority.--

27         (3)  The commission shall provide adequate notice of

28  state-sanctioned sales and may maintain a list of known hide

29  buyers and provide notice of state sales by mail.  Nothing

30  herein shall authorize the commission to engage in marketing

31  or promotion of the sale of alligator hides or products other

                                  20
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  than by providing the public notice described herein.  The

 2  commission is authorized to market alligator hides or products

 3  obtained as a result of its law enforcement actions or its

 4  nuisance alligator control programs.

 5         (3)(4)  The powers and duties of the commission

 6  hereunder shall not be construed so as to supersede the

 7  regulatory authority or lawful responsibility of the

 8  Department of Health and Rehabilitative Services, the

 9  Department of Agriculture and Consumer Services, or any local

10  governmental entity regarding the processing or handling of

11  food products, but shall be deemed supplemental thereto.

12         Section 12.  Subsection (4) of section 372.6673,

13  Florida Statutes, is amended to read:

14         372.6673  Taking and possession of alligators; trapping

15  licenses; fees.--

16         (4)  No person shall take any alligator egg occurring

17  in the wild or possess any such egg unless such person has

18  obtained, or is a licensed agent of another person who has

19  obtained, an alligator egg collection permit.  The alligator

20  egg collection permit shall be required in addition to the

21  alligator farming license provided in paragraph (2)(d).  The

22  commission is authorized to assess a fee for issuance of the

23  alligator egg collection permit of up to $5 per egg authorized

24  to be taken or possessed pursuant to such permit, of which $1

25  per egg, excluding eggs collected on private wetland

26  management areas, may be transferred to the General Inspection

27  Trust Fund, to be administered by the Department of

28  Agriculture and Consumer Services for the purpose of providing

29  marketing and education services with respect to alligator

30  products produced in this state, notwithstanding other

31  provisions in this chapter.

                                  21
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         Section 13.  Subsection (2) of section 372.6674,

 2  Florida Statutes, is amended to read:

 3         372.6674  Required tagging of alligators and hides;

 4  fees; revenues.--The tags provided in this section shall be

 5  required in addition to any license required under s.

 6  372.6673.

 7         (2)  The commission may require that an alligator hide

 8  validation tag be affixed to the hide of any alligator taken

 9  from the wild and that such hide be possessed, purchased,

10  sold, offered for sale, or transported in accordance with

11  commission rule.  The commission is authorized to assess a fee

12  of up to $30 for each alligator hide validation tag issued, of

13  which $5 per validated hide, excluding those validated from

14  public hunt programs, may be transferred to the General

15  Inspection Trust Fund, to be administered by the Department of

16  Agriculture and Consumer Services for the purpose of providing

17  marketing and education services with respect to alligator

18  products produced in this state, notwithstanding other

19  provisions in this chapter.

20         Section 14.  Subsection (5) of section 373.046, Florida

21  Statutes, is amended to read:

22         373.046  Interagency agreements.--

23         (5)  Notwithstanding the provisions of s. 403.927, when

24  any operating agreement is developed pursuant to subsection

25  (4):

26         (a)  The department shall have regulatory

27  responsibility under part IV of this chapter for:

28         1.  All saltwater aquaculture activities located on

29  sovereignty submerged land or in the water column above such

30  land and adjacent facilities directly related to the

31  aquaculture activity.

                                  22
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         2.  Marine and estuarine aquaculture activities that do

 2  not require a consumptive use permit under part II of this

 3  chapter.

 4         2.3.  Aquaculture activities that meet or exceed the

 5  thresholds for aquaculture general permits authorized pursuant

 6  to ss. 370.26 and 403.814 403.088.

 7         3.4.  Aquaculture activities within the Northwest

 8  Florida Water Management District.

 9         (b)  Water management districts shall have regulatory

10  responsibility under part IV of this chapter for aquaculture

11  activities not retained by the department in paragraph (a).

12         (c)  Upon agreement by the applicant, the department,

13  and the applicable water management district, the department

14  and water management district may reassign deviate from the

15  regulatory responsibilities described in paragraphs (a) and

16  (b), based on the specific aquaculture operation, to achieve a

17  more efficient and effective permitting process.

18         Section 15.  Subsection (8) is added to section

19  373.406, Florida Statutes, to read:

20         373.406  Exemptions.--The following exemptions shall

21  apply:

22         (8)  Certified aquaculture activities under s. 597.004

23  are exempt from this part.

24         Section 16.  Subsection (5) is added to section

25  403.0885, Florida Statutes, to read:

26         403.0885  Establishment of federally approved state

27  National Pollutant Discharge Elimination System (NPDES)

28  Program.--

29         (5)  Certified aquaculture activities under s. 597.004

30  which have individual production units whose annual production

31  and water discharge are less than the parameters established

                                  23
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  by the NPDES program are exempt from wastewater management

 2  regulations for those production units only.  The cumulative

 3  effects of all exempt individual production units on a farm

 4  shall also be deemed to be exempt.  For purposes of this

 5  section, the term "individual production units" shall be

 6  determined by rule of the Department of Agriculture and

 7  Consumer Services.

 8         Section 17.  Subsections (8) and (10) of section

 9  403.814, Florida Statutes, are amended, and subsection (11) is

10  added to that section, to read:

11         403.814  General permits; delegation.--

12         (8)  An aquaculture general permit under s. 403.088

13  shall be established for the saltwater cultivation of aquatic

14  fish and other marine organisms, except alligators, in upland

15  aquaculture facilities when such facilities have individual

16  production units whose annual production and water discharge

17  meet or exceed the parameters established by the NPDES

18  program.  Activities that have individual production units

19  whose annual production and water discharge are less than the

20  parameters established by the NPDES program shall be regulated

21  pursuant to s. 403.0885(5).

22         (10)  The authority to issue or deny general permits

23  developed by the department pursuant to subsection subsections

24  (8) and (9) for aquaculture facilities is hereby delegated to

25  the water management districts when they have regulatory

26  responsibility for the facility pursuant to s. 373.046

27  project.

28         (11)  Upon agreement by the applicant, the department,

29  and the applicable water management district, the department

30  and water management district may reassign the regulatory

31  responsibilities described in s. 373.046(5)(a) and (b), based

                                  24
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  on the specific aquaculture operation, to achieve a more

 2  efficient and effective permitting process.

 3         Section 18.  Section 597.002, Florida Statutes, is

 4  amended to read:

 5         597.002  Legislative declaration of public policy

 6  respecting aquaculture.--The Legislature declares that

 7  aquaculture is agriculture and, as such, the Department of

 8  Agriculture and Consumer Services shall be the primary agency

 9  responsible for regulating aquaculture, any other law to the

10  contrary notwithstanding. The only exceptions are those areas

11  required by federal law, rule, or cooperative agreement to be

12  regulated by another agency.  The Legislature declares that,

13  in order to effectively support the growth of aquaculture in

14  this state, there is a need for a state aquaculture plan that

15  will provide for the coordination and prioritization of state

16  aquaculture efforts and the conservation and enhancement of

17  aquatic resources and will provide mechanisms for increasing

18  aquaculture production which may lead to the creation of new

19  industries, job opportunities, income for aquaculturists, and

20  other benefits to the state. The state aquaculture plan shall

21  guide the research and development of the aquaculture

22  industry.  Funds designated by the Legislature for aquaculture

23  research and development or for contracting for aquaculture

24  research and development shall be used to address the projects

25  and activities designated in the state aquaculture plan.  Any

26  entity receiving legislative funding for aquaculture research

27  and development programs shall report annually to the

28  department all activities related to aquaculture to facilitate

29  coordination and compliance with the state aquaculture plan.

30         Section 19.  Paragraph (j) is added to subsection (1)

31  of section 597.003, Florida Statutes, to read:

                                  25
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         597.003  Powers and duties of Department of Agriculture

 2  and Consumer Services.--

 3         (1)  The department is hereby designated as the lead

 4  agency in encouraging the development of aquaculture in the

 5  state and shall have and exercise the following functions,

 6  powers, and duties with regard to aquaculture:

 7         (j)  Issue or deny any license or permit authorized or

 8  delegated to the department by the Legislature or through

 9  memorandum of understanding with other state or federal

10  agencies that furthers the intent of the Legislature to place

11  the regulation of aquaculture in the department.

12         Section 20.  Section 597.004, Florida Statutes, is

13  amended to read:

14         597.004  Aquaculture certificate of registration.--

15         (1)  SHELLFISH CERTIFICATION.--

16         (a)  Any person engaging in shellfish aquaculture must

17  be certified by the department.  The applicant for a

18  certificate of registration shall submit the following to the

19  department:

20         (a)1.  Applicant's name/title.

21         (b)2.  Company name.

22         (c)3.  Complete mailing address.

23         (d)4.  Legal property description of all aquaculture

24  facilities.

25         (e)5.  Description of production facilities.

26         (f)6.  Aquaculture products to be produced.

27         (g)7.  Fifty dollar annual registration fee, effective

28  July 1, 1997.

29         (2)  NONSHELLFISH CERTIFICATION.--

30         (a)  Any person engaging in nonshellfish aquaculture,

31  except as otherwise provided in this section, must be

                                  26
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  certified by the department.  The applicant for a certificate

 2  of registration for nonshellfish products shall submit the

 3  following to the department:

 4         1.  The information requested in subsection (1).

 5         2.  Documentation that the rules adopted under this

 6  section have been complied with in accordance with paragraph

 7  (b).

 8         (b)  The department, in consultation with the

 9  Department of Environmental Protection, the water management

10  districts, environmental groups, and representatives from the

11  affected farming groups, shall adopt rules to:

12         1.  Specify the requirement of best-management

13  practices to be implemented by property owners and

14  leaseholders.

15         2.  Establish procedures for property owners and

16  leaseholders to submit the notice of intent to comply with

17  best-management practices.

18         3.  Establish schedules for implementation of

19  best-management practices and of interim measures that can be

20  taken prior to adoption of best-management practices.

21         4.  Establish a system to assure the implementation of

22  best-management practices, including recordkeeping

23  requirements.

24

25  Rules adopted under this paragraph shall become effective

26  pursuant to the applicable provisions of chapter 120, but must

27  be submitted to the President of the Senate and the Speaker of

28  the House of Representatives for review by the Legislature.

29  The rules shall be referred to the appropriate committees of

30  substance and scheduled for review during the first available

31  regular session following adoption.  Except as otherwise

                                  27
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  provided by operation of law, such rules shall remain in

 2  effect until rejected or modified by act of the Legislature.

 3         (c)  Notwithstanding any provision of law, the

 4  Department of Environmental Protection is not authorized to

 5  institute proceedings against any person certified under s.

 6  597.004 to recover any costs or damages associated with

 7  contamination of groundwater or surface water, or the

 8  evaluation, assessment, or remediation of contamination of

 9  groundwater or surface water, including sampling, analysis,

10  and restoration of potable water supplies, where the

11  contamination of groundwater or surface water is determined to

12  be the result of aquaculture practices, provided the property

13  owner or leaseholder:

14         1.  Provides the department with a notice of intent to

15  implement applicable best-management practices adopted by the

16  department;

17         2.  Implements applicable best-management practices as

18  soon as practicable according to rules adopted by the

19  department; and

20         3.  Implements practicable interim measures identified

21  and adopted by the department which can be implemented

22  immediately, or according to rules adopted by the department.

23         (d)  There is a presumption of compliance with state

24  groundwater and surface water standards if the property owner

25  or leaseholder implements best-management practices that have

26  been verified by the Department of Environmental Protection to

27  be effective at representative sites and complies with the

28  following:

29         1.  Provides the department with a notice of intent to

30  implement applicable best-management practices adopted by the

31  department;

                                  28
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         2.  Implements applicable best-management practices as

 2  soon as practicable according to rules adopted by the

 3  department; and

 4         3.  Implements practicable interim measures identified

 5  and adopted by the department which can be implemented

 6  immediately, or according to rules adopted by the department.

 7         (e)  The department shall provide, by December 31,

 8  1999, to the President of the Senate and the Speaker of the

 9  House of Representatives a progress report concerning the

10  development, implementation, and effectiveness of

11  best-management practices to prevent contamination of

12  groundwater and surface water.

13         (f)  This section does not limit federally delegated

14  regulatory authority.

15         (g)(b)  Any aquatic plant producer certified by the

16  department pursuant to s. 369.25 shall also be issued an

17  aquaculture certificate of registration pursuant to subsection

18  (1).

19         (h)(c)  Any alligator producer with an alligator

20  farming license and permit to establish and operate an

21  alligator farm pursuant to the provisions and rules of chapter

22  372 shall be issued an aquaculture certificate of registration

23  pursuant to subsection (1).

24         (2)  FEES.--

25         (a)  Effective July 1, 1997, All fees collected

26  pursuant to this section shall be deposited into the General

27  Inspection Trust Fund in the Department of Agriculture and

28  Consumer Services.

29         (b)  For each aquaculture certificate of registration

30  issued pursuant to this section for freshwater fish operations

31  under chapter 372, $40 shall be deposited into the State Game

                                  29
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  Trust Fund in the Game and Fresh Water Fish Commission from

 2  the General Inspection Trust Fund in the Department of

 3  Agriculture and Consumer Services.

 4         (3)  IDENTIFICATION OF AQUACULTURE

 5  PRODUCTS.--Aquaculture products shall be identified while

 6  possessed, processed, transported, or sold as provided in this

 7  subsection, except those subject to the requirements of

 8  chapter 372 and the rules of the Game and Fresh Water Fish

 9  Commission as they relate to alligators only.

10         (a)  Aquaculture products shall be identified by an

11  aquaculture certificate of registration number from harvest to

12  point of sale.  Any person who possesses aquaculture products

13  must show, by appropriate receipt, bill of sale, bill of

14  lading, or other such manifest where the product originated.

15         (b)  Marine aquaculture products shall be transported

16  in containers that separate such product from wild stocks, and

17  shall be identified by tags or labels that are securely

18  attached and clearly displayed.

19         (c)  Each aquaculture registrant who sells food

20  products labeled as "aquaculture or farm raised" must have

21  such products containerized and clearly labeled in accordance

22  with s. 500.11.  Label information must include the name,

23  address, and aquaculture certification number.  This

24  requirement is designed to segregate the identity of wild and

25  aquaculture products.

26         (4)  SALE OF AQUACULTURE PRODUCTS.--

27         (a)  Aquaculture products, except shellfish, snook,

28  spotted sea trout, red drum, and freshwater aquatic species

29  identified in chapter 372 and rules of the Game and Fresh

30  Water Fish Commission, may be sold without restriction so long

31  as product origin can be identified.

                                  30
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         (b)  Aquaculture shellfish must be sold and handled in

 2  accordance with shellfish handling regulations of the

 3  Department of Environmental Protection established to protect

 4  public health.

 5         (5)  REGISTRATION AND RENEWALS.--

 6         (a)  Not later than December 1, 1996, Each aquaculture

 7  producer must apply for an aquaculture certificate of

 8  registration with the department and submit the appropriate

 9  fee. Upon department approval, the department shall issue the

10  applicant an aquaculture certificate of registration only for

11  a the period of 1 year covering December 1, 1996, through June

12  30, 1997. The department shall not require a registration fee

13  only for the period covering December 1, 1996, through June

14  30, 1997. However, Beginning July 1, 1997, and each year

15  thereafter, each aquaculture certificate of registration must

16  be renewed with fee, pursuant to this chapter, on July 1.

17         (b)  No later than October 1, 1996, The department

18  shall send notices of registration to all aquaculture

19  producers of record requiring them to register for an

20  aquaculture certificate.  Thereafter, the department shall

21  send a Renewal notices shall be sent notice to the registrant

22  60 days preceding the termination date of the certificate of

23  registration.  Prior to the termination date, the registrant

24  must return a completed renewal form with fee, pursuant to

25  this chapter, to the department.

26         Section 21.  Paragraph (i) is added to subsection (3)

27  of section 597.005, Florida Statutes, to read:

28         597.005  Aquaculture Review Council.--

29         (3)  RESPONSIBILITIES.--The primary responsibilities of

30  the Aquaculture Review Council are to:

31         (i)  Provide the Governor, the President of the Senate,

                                  31
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1  the Speaker of the House of Representatives, and the chairs of

 2  legislative committees having primary jurisdiction over either

 3  the subject of aquaculture or the budget of the Department of

 4  Agriculture and Consumer Services, by August 1 of each year, a

 5  list of prioritized research needs critical to development of

 6  the aquaculture industry.

 7         Section 22.  This act shall take effect July 1, 1998.

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13         and insert:

14                      A bill to be entitled

15         An act relating to aquaculture; amending s.

16         253.72, F.S.; establishing wild harvest

17         setbacks from shellfish leases; amending s.

18         370.027, F.S.; providing an exception to

19         rulemaking authority of the Marine Fisheries

20         Commission with respect to specified marine

21         life; providing that marine aquaculture

22         producers shall be regulated by the Department

23         of Agriculture and Consumer Services; amending

24         s. 370.06, F.S.; revising provisions relating

25         to issuance and renewal of saltwater products

26         licenses and special activity licenses;

27         authorizing issuance of special activity

28         licenses for the use of special gear or

29         equipment, the importation and possession of

30         sturgeon, the harvest of certain shellfish, and

31         the capture of certain saltwater species;

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         authorizing permit consolidation procedures;

 2         providing activity license terms; amending s.

 3         370.081, F.S.; revising provisions relating to

 4         the importation of nonindigenous marine plants

 5         and animals; amending s. 370.10, F.S.;

 6         authorizing the harvesting or possession of

 7         saltwater species for experimental, scientific,

 8         education, and exhibition purposes; amending s.

 9         370.16, F.S.; establishing wild harvest

10         setbacks from shellfish leases; amending s.

11         370.26, F.S.; relating to aquaculture

12         definitions; defining the term "marine product

13         facility" and revising definition of the term

14         "marine aquaculture product"; authorizing

15         delegation of regulatory authority for certain

16         aquaculture facilities; deleting requirements

17         of an Aquaculture Section in the Department of

18         Environmental Protection; providing duties of

19         the Department of Agriculture and Consumer

20         Services; authorizing delegation of regulatory

21         authority for certain aquaculture facilities;

22         amending s. 372.0225, F.S.; revising

23         responsibilities of the Division of Fisheries

24         of the Game and Fresh Water Fish Commission

25         relating to freshwater organisms; amending s.

26         372.65, F.S.; authorizing exemption for

27         freshwater fish dealer's license; amending s.

28         372.6672, F.S.; removing obsolete provisions

29         relating to state-sanctioned sales of alligator

30         hides; amending s. 372.6673, F.S.; providing

31         for a portion of the fees assessed for

                                  33
    9:13 AM   04/27/98                              s1924c1c-17b02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1924

    Amendment No.    





 1         alligator egg collection permits to be

 2         transferred to the General Inspection Trust

 3         Fund to be used for certain purposes; amending

 4         s. 372.6674, F.S.; providing for a portion of

 5         the fees assessed for alligator hide validation

 6         tags to be transferred to the General

 7         Inspection Trust Fund to be used for certain

 8         purposes; amending s. 373.046, F.S.; clarifying

 9         jurisdiction over aquaculture activities;

10         providing exemption for management and storage

11         of surface water; amending s. 403.0885, F.S.;

12         providing exemptions from the state National

13         Pollutant Discharge Elimination System program;

14         amending s. 403.814, F.S.; revising and

15         clarifying provisions relating to aquaculture

16         general permits; amending s. 597.002, F.S.;

17         clarifying jurisdiction over aquaculture

18         activities; amending s. 597.003, F.S.;

19         expanding the powers and duties of the

20         Department of Agriculture and Consumer Services

21         relating to regulation of aquaculture; amending

22         s. 597.004, F.S.; revising provisions relating

23         to aquaculture certificate of registration;

24         amending s. 597.005, F.S.; providing for a list

25         of prioritized research needs; providing an

26         effective date.

27

28

29

30

31

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