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.
CHAMBER ACTION
Senate House
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11 Senators Laurent and Kirkpatrick moved the following amendment
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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
2
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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
3
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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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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
34
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