CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on General Government Appropriations offered the
12 following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Notwithstanding any other legislation
19 passed and either signed by the Governor or allowed to become
20 law without signature to the contrary, the Legislature intends
21 that this bill be its full and total intent, regardless of
22 when it is presented to the Secretary of State.
23 Section 2. Subsection (3) is added to section 253.72,
24 Florida Statutes, to read:
25 253.72 Marking of leased areas; restrictions on public
26 use.--
27 (3) To assist in protecting shellfish aquaculture
28 products produced on leases authorized pursuant to this
29 chapter and chapter 370, harvesting shellfish is prohibited
30 within a distance of 25 feet outside lawfully marked lease
31 boundaries or within setback and access corridors within
1
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 specifically designated high-density aquaculture lease areas
2 and aquaculture use zones.
3 Section 3. Subsections (1), (2), and (4) of section
4 370.027, Florida Statutes, are amended to read:
5 370.027 Rulemaking authority with respect to marine
6 life.--
7 (1) Pursuant to the policy and standards in s.
8 370.025, the Marine Fisheries Commission is delegated full
9 rulemaking authority over marine life, with the exception of
10 marine aquaculture products produced by an individual
11 certified under s. 597.004 and endangered species, subject to
12 final approval by the Governor and Cabinet sitting as the
13 Board of Trustees of the Internal Improvement Trust Fund, in
14 the areas of concern herein specified. The commission is
15 instructed to make recommendations annually to the Governor
16 and Cabinet regarding the marine fisheries research priorities
17 and funding of the Department of Environmental Protection. All
18 administrative and enforcement responsibilities which are
19 unaffected by the specific provisions of this act continue to
20 be the responsibility of the Department of Environmental
21 Protection. The authority to regulate fishing gear in
22 residential, manmade saltwater canals is specifically not
23 delegated to the commission and is retained by the
24 Legislature.
25 (2) Exclusive rulemaking authority in the following
26 areas relating to marine life, with the exception of marine
27 aquaculture products produced by individuals certified under
28 s. 597.004 and endangered species, is vested in the
29 commission; any conflicting authority of any division or
30 bureau of the department or any other agency of state
31 government is withdrawn as of the effective date of the rule
2
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 proposed by the commission and approved by the Governor and
2 Cabinet, and the inconsistent rule, or the inconsistent part
3 thereof, is superseded to the extent of the inconsistency:
4 (a) Gear specifications;
5 (b) Prohibited gear;
6 (c) Bag limits;
7 (d) Size limits;
8 (e) Species that may not be sold;
9 (f) Protected species;
10 (g) Closed areas, except for public health purposes;
11 (h) Quality control, except for oysters, clams,
12 mussels, and crabs, unless such authority is delegated to the
13 Department of Agriculture and Consumer Services;
14 (i) Seasons; and
15 (j) Special considerations relating to eggbearing
16 females.
17 (4) Marine aquaculture producers shall be regulated by
18 the Department of Agriculture and Consumer Services. Marine
19 aquaculture products produced by a marine aquaculture
20 producer, certified pursuant to s. 597.004, are exempt from
21 Marine Fisheries Commission resource management rules, with
22 the exception of such rules governing any fish of or the genus
23 Centropomus (snook), the genus Sciaenops (red drum), or the
24 genus Cynoscion (spotted sea trout). Marine Fisheries
25 Commission rules relating to the aquacultural production of
26 red drum and spotted sea trout must be developed and adopted
27 by the commission no later than 1 year from October 1, 1996.
28 Section 4. Paragraph (a) of subsection (2) and
29 subsection (4) of section 370.06, Florida Statutes, are
30 amended to read:
31 370.06 Licenses.--
3
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 (2) SALTWATER PRODUCTS LICENSE.--
2 (a) Every person, firm, or corporation that sells,
3 offers for sale, barters, or exchanges for merchandise any
4 saltwater products, or which harvests saltwater products with
5 certain gear or equipment as specified by law, must have a
6 valid saltwater products license, except that the holder of an
7 aquaculture certificate under s. 597.004 is not required to
8 purchase and possess a saltwater products license in order to
9 possess, transport, or sell marine aquaculture products. Each
10 saltwater products license allows the holder to engage in any
11 of the activities for which the license is required. The
12 license must be in the possession of the licenseholder or
13 aboard the vessel and shall be subject to inspection at any
14 time that harvesting activities for which a license is
15 required are being conducted. A restricted species endorsement
16 on the saltwater products license is required to sell to a
17 licensed wholesale dealer those species which the state, by
18 law or rule, has designated as "restricted species." This
19 endorsement may be issued only to a person who is at least 16
20 years of age, or to a firm certifying that over 25 percent of
21 its income or $5,000 of its income, whichever is less, is
22 attributable to the sale of saltwater products pursuant to a
23 license issued under this paragraph or a similar license from
24 another state. This endorsement may also be issued to a
25 for-profit corporation if it certifies that at least $5,000 of
26 its income is attributable to the sale of saltwater products
27 pursuant to a license issued under this paragraph or a similar
28 license from another state. However, if at least 50 percent of
29 the annual income of a person, firm, or for-profit corporation
30 is derived from charter fishing, the person, firm, or
31 for-profit corporation must certify that at least $2,500 of
4
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 the income of the person, firm, or corporation is attributable
2 to the sale of saltwater products pursuant to a license issued
3 under this paragraph or a similar license from another state,
4 in order to be issued the endorsement. Such income attribution
5 must apply to at least 1 year out of the last 3 years. For the
6 purpose of this section "income" means that income which is
7 attributable to work, employment, entrepreneurship, pensions,
8 retirement benefits, and social security benefits. To renew an
9 existing restricted species endorsement, marine aquaculture
10 producers possessing a valid saltwater products license with a
11 restricted species endorsement may apply income from the sale
12 of marine aquaculture products to licensed wholesale dealers.
13 1. The department is authorized to require
14 verification of such income. Acceptable proof of income earned
15 from the sale of saltwater products shall be:
16 a. Copies of trip ticket records generated pursuant to
17 this subsection (marine fisheries information system),
18 documenting qualifying sale of saltwater products;
19 b. Copies of sales records from locales other than
20 Florida documenting qualifying sale of saltwater products;
21 c. A copy of the applicable federal income tax return,
22 including Form 1099 attachments, verifying income earned from
23 the sale of saltwater products;
24 d. Crew share statements verifying income earned from
25 the sale of saltwater products; or
26 e. A certified public accountant's notarized statement
27 attesting to qualifying source and amount of income.
28
29 Any provision of this section or any other section of the
30 Florida Statutes to the contrary notwithstanding, any person
31 who owns a retail seafood market and/or restaurant at a fixed
5
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 location for at least 3 years who has had an occupational
2 license for 3 years prior to January 1, 1990, who harvests
3 saltwater products to supply his or her retail store and has
4 had a saltwater products license for 1 of the past 3 years
5 prior to January 1, 1990, may provide proof of his or her
6 verification of income and sales value at the person's retail
7 seafood market and/or restaurant and in his or her saltwater
8 products enterprise by affidavit and shall thereupon be issued
9 a restricted species endorsement.
10 2. Exceptions from income requirements shall be as
11 follows:
12 a. A permanent restricted species endorsement shall be
13 available to those persons age 62 and older who have qualified
14 for such endorsement for at least 3 out of the last 5 years.
15 b. Active military duty time shall be excluded from
16 consideration of time necessary to qualify and shall not be
17 counted against the applicant for purposes of qualifying.
18 c. Upon the sale of a used commercial fishing vessel
19 owned by a person, firm, or corporation possessing or eligible
20 for a restricted species endorsement, the purchaser of such
21 vessel shall be exempted from the qualifying income
22 requirement for the purpose of obtaining a restricted species
23 endorsement for a period of 1 year after purchase of the
24 vessel.
25 d. Upon the death or permanent disablement of a person
26 possessing a restricted species endorsement, an immediate
27 family member wishing to carry on the fishing operation shall
28 be exempted from the qualifying income requirement for the
29 purpose of obtaining a restricted species endorsement for a
30 period of 1 year after the death or disablement.
31 e. A restricted species endorsement may be issued on
6
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 an individual saltwater products license to a person age 62 or
2 older who documents that at least $2,500 is attributable to
3 the sale of saltwater products pursuant to the provisions of
4 this paragraph.
5 f. A permanent restricted species endorsement may also
6 be issued on an individual saltwater products license to a
7 person age 70 or older who has held a saltwater products
8 license for at least 3 of the last 5 license years.
9
10 At least one saltwater products license bearing a restricted
11 species endorsement shall be aboard any vessel harvesting
12 restricted species in excess of any bag limit or when fishing
13 under a commercial quota or in commercial quantities, and such
14 vessel shall have a commercial vessel registration. This
15 subsection does not apply to any person, firm, or corporation
16 licensed under s. 370.07(1)(a)1. or (b) for activities
17 pursuant to such licenses. A saltwater products license may be
18 issued in the name of an individual or a valid boat
19 registration number. Such license is not transferable. A decal
20 shall be issued with each saltwater products license issued to
21 a valid boat registration number. The saltwater products
22 license decal shall be the same color as the vessel
23 registration decal issued each year pursuant to s.
24 327.11(5)(7) and shall indicate the period of time such
25 license is valid. The saltwater products license decal shall
26 be placed beside the vessel registration decal and, in the
27 case of an undocumented vessel, shall be placed so that the
28 vessel registration decal lies between the vessel registration
29 number and the saltwater products license decal. Any saltwater
30 products license decal for a previous year shall be removed
31 from a vessel operating on the waters of the state. A resident
7
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 shall pay an annual license fee of $50 for a saltwater
2 products license issued in the name of an individual or $100
3 for a saltwater products license issued to a valid boat
4 registration number. A nonresident shall pay an annual license
5 fee of $200 for a saltwater products license issued in the
6 name of an individual or $400 for a saltwater products license
7 issued to a valid boat registration number. An alien shall pay
8 an annual license fee of $300 for a saltwater products license
9 issued in the name of an individual or $600 for a saltwater
10 products license issued to a valid boat registration number.
11 Any person who sells saltwater products pursuant to this
12 license may sell only to a licensed wholesale dealer. A
13 saltwater products license must be presented to the licensed
14 wholesale dealer each time saltwater products are sold, and an
15 imprint made thereof. The wholesale dealer shall keep records
16 of each transaction in such detail as may be required by rule
17 of the Department of Environmental Protection not in conflict
18 with s. 370.07(6), and shall provide the holder of the
19 saltwater products license with a copy of the record. It is
20 unlawful for any licensed wholesale dealer to buy saltwater
21 products from any unlicensed person under the provisions of
22 this section, except that a licensed wholesale dealer may buy
23 from another licensed wholesale dealer. It is unlawful for any
24 licensed wholesale dealer to buy saltwater products designated
25 as "restricted species" from any person, firm, or corporation
26 not possessing a restricted species endorsement on his or her
27 saltwater products license under the provisions of this
28 section, except that a licensed wholesale dealer may buy from
29 another licensed wholesale dealer. The Department of
30 Environmental Protection shall be the licensing agency, may
31 contract with private persons or entities to implement aspects
8
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 of the licensing program, and shall establish by rule a marine
2 fisheries information system in conjunction with the licensing
3 program to gather fisheries data.
4 (4) SPECIAL ACTIVITY LICENSES.--
5 (a) A special activity license is required for any
6 person to use gear or equipment not authorized in this chapter
7 or rule of the Marine Fisheries Commission for harvesting
8 saltwater species. In accordance with this chapter, s. 16,
9 Art. X of the State Constitution, and rules of the Marine
10 Fisheries Commission, the department may issue special
11 activity licenses for the use of nonconforming gear or
12 equipment, including, but not limited to, trawls, seines and
13 entangling nets, traps, and hook and line gear, to be used in
14 harvesting saltwater species for scientific and governmental
15 purposes, and where allowable, for innovative fisheries. The
16 department may prescribe by rule application requirements and
17 terms, conditions, and restrictions to be incorporated into
18 each special activity license. This subsection does not apply
19 to gear or equipment used by certified marine aquaculturists
20 to harvest marine aquaculture products. Any person who seeks
21 to use special gear or equipment in harvesting saltwater
22 species must purchase a special activity license as specified
23 by law to engage in such activities. The department may issue
24 special activity licenses, in accordance with s. 370.071, to
25 permit the cultivation of oysters, clams, mussels, and crabs
26 when such aquaculture activities relate to quality control,
27 sanitation, and public health regulations. The department may
28 prescribe by rule special terms, conditions, and restrictions
29 for any special activity license.
30 (b) The department is authorized to issue special
31 activity licenses in accordance with this section and s.
9
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 370.31, to permit the importation, possession, and aquaculture
2 of anadromous sturgeon. The special activity license shall
3 provide for specific best management practices to prevent the
4 release and escape of cultured anadromous sturgeon and to
5 protect indigenous populations of saltwater species from
6 sturgeon-borne disease.
7 (c) The department is authorized to issue special
8 activity licenses, in accordance with s. 370.071, to permit
9 the harvest or cultivation of oysters, clams, mussels, and
10 crabs when such activities relate to quality control,
11 sanitation, public health regulations, innovative technologies
12 for aquaculture activities, or the protection of shellfish
13 resources provided in this chapter, unless such authority is
14 delegated to the Department of Agriculture and Consumer
15 Services, pursuant to a memorandum of understanding.
16 (d) The conditions and specific management practices
17 established in this section may be incorporated into permits
18 and authorizations issued pursuant to chapter 253, chapter
19 370, chapter 373, or chapter 403, when incorporating such
20 provisions is in accordance with the aquaculture permit
21 consolidation procedures. No separate issuance of a special
22 activity license is required when conditions and specific
23 management practices are incorporated into permits or
24 authorizations under this paragraph. Implementation of this
25 section to consolidate permitting actions does not constitute
26 rules within the meaning of s. 120.52.
27 Section 5. Subsections (1), (2), and (5) of section
28 370.081, Florida Statutes, are amended to read:
29 370.081 Illegal importation or possession of
30 nonindigenous marine plants and animals; rules and
31 regulations.--
10
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 (1) It is unlawful to import or possess any marine
2 plant or marine animal, not indigenous to the state, which,
3 due to the stimulating effect of the waters of the state on
4 procreation, may endanger or infect the marine resources of
5 the state or pose a human health hazard, except as provided in
6 this section subsection (4).
7 (2) Marine animals not to be imported shall include,
8 but are not limited to, all species of the following:
9 (a) Sea snakes (Family Hydrophiidae), except as
10 provided in subsection (4);
11 (b) Rabbitfishes (Family Siganidae);
12 (b)(c) Weeverfishes (Family Trachinidae); and
13 (c)(d) Stonefishes (Genus Synanceja).
14 (5) It is unlawful to release into the waters of the
15 state any nonindigenous saltwater species marine plant or
16 marine animal whether or not included in subsection (2) or
17 prohibited by rules and regulations adopted pursuant to
18 subsection (3) or authorized by subsection (4).
19 Section 6. Subsection (2) of section 370.10, Florida
20 Statutes, is amended to read:
21 370.10 Crustacea, marine animals, fish; regulations;
22 general provisions.--
23 (2) TAKING SALTWATER SPECIES ANIMALS FOR EXPERIMENTAL,
24 SCIENTIFIC, EDUCATION, AND EXHIBITION EXHIBITIONAL
25 PURPOSES.--Notwithstanding any other provisions of general or
26 special law to the contrary, the department may authorize
27 issue permits, upon such terms, conditions, and restrictions
28 as it may prescribe by rule, to any properly accredited person
29 to harvest or permitting him or her to collect and possess
30 indigenous or nonindigenous saltwater species animals for
31 experimental, scientific, education, and exhibition
11
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 exhibitional purposes. Such authorizations permits may allow
2 collection of specimens without regard to, and not limited to,
3 size, seasonal closure, collection method, reproductive state,
4 or bag limit. Authorizations Permits issued under the
5 provisions of this section may be suspended or revoked by the
6 department if it finds that the person permitholder has
7 violated this section, department rules or orders, or terms or
8 conditions of the authorization permit or has submitted false
9 or inaccurate information in his or her application.
10 Section 7. Subsection (12) of section 370.16, Florida
11 Statutes, is amended to read:
12 370.16 Oysters and shellfish; regulation.--
13 (12) PROTECTION OF OYSTER AND CLAM REEFS AND
14 SHELLFISH.--
15 (a) The Division of Marine Resources shall improve,
16 enlarge, and protect the natural oyster and clam reefs of this
17 state to the extent it may deem advisable and the means at its
18 disposal will permit.
19 (b) The division shall also, to the same extent,
20 assist in protecting shellfish aquaculture products produced
21 on the leased or granted reefs in the hands of lessees or
22 grantees from the state. Harvesting shellfish is prohibited
23 within a distance of 25 feet outside lawfully marked lease
24 boundaries or within setback and access corridors within
25 specifically designated high-density aquaculture lease areas
26 and aquaculture use zones.
27 (c) The division shall provide the Legislature
28 annually with recommendations for the development and the
29 proper protection of the rights of the state and private
30 holders therein with respect to the oyster and clam business.
31 Section 8. Subsections (1), (2), (3) and (6) of
12
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 section 370.26, Florida Statutes, are amended to read:
2 370.26 Aquaculture definitions; marine aquaculture
3 products, and producers, and facilities.--
4 (1) As used in this section, the term:
5 (a) "Marine product facility" means a facility built
6 and operated for the purpose of producing marine products.
7 Marine product facilities contain culture systems such as, but
8 not limited to, ponds, tanks, raceways, cages, and bags used
9 for commercial production, propagation, growout, or product
10 enhancement of marine products. Marine product facilities
11 specifically do not include:
12 1. Facilities that maintain marine aquatic organisms
13 exclusively for the purpose of shipping, distribution,
14 marketing, or wholesale and retail sales;
15 2. Facilities that maintain marine aquatic organisms
16 for noncommercial, education, exhibition, or scientific
17 purposes;
18 3. Facilities in which the activity does not require
19 an aquaculture certification pursuant to s. 597.004; or
20 4. Facilities used by marine aquarium hobbyists.
21 (b)(a) "Marine aquaculture producer" means a person
22 holding an aquaculture certificate pursuant to s. 597.004 to
23 produce marine aquaculture products for sale.
24 (c)(b) "Marine aquaculture product" means any product
25 derived from marine aquatic organisms that are owned and
26 propagated, and grown, or produced under controlled conditions
27 by a person holding an aquaculture certificate pursuant to s.
28 597.004. Such product does not include organisms harvested
29 from the wild for depuration, wet storage, or relayed for the
30 purpose of controlled purification. Marine aquaculture
31 products are considered saltwater products for the purposes of
13
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 this chapter, except the holder of an aquaculture certificate
2 is not required to purchase and possess a saltwater products
3 license in order to possess, transport, or sell marine
4 aquaculture products pursuant to s. 370.06. To renew an
5 existing restricted species endorsement, marine aquaculture
6 producers possessing a valid saltwater products license with a
7 restricted species endorsement may apply income from the sales
8 of marine aquaculture products to licensed wholesale dealers.
9 Income from the sales of marine aquaculture products shall not
10 be eligible for the purpose of acquiring a new restricted
11 species endorsement. The holder of an aquaculture certificate
12 must purchase and possess a saltwater products license in
13 order to possess, transport, or and sell saltwater products
14 not specifically provided for in s. 597.004.
15 (2) The Department of Environmental Protection shall
16 encourage the development of aquaculture and the production of
17 aquaculture products.
18 (3) The department shall establish an Aquaculture
19 Section within the Bureau of Marine Resource Regulation and
20 Development within the Division of Marine Resources.
21 (a) The department Aquaculture Section shall develop a
22 process consistent with this section that would consolidate
23 permits, general permits, special activity licenses, and other
24 regulatory requirements to streamline the permitting process
25 and result in effective regulation of aquaculture activities.
26 This process shall provide for a single application and
27 application fee for marine aquaculture activities which are
28 regulated by the department. Procedures to consolidate
29 permitting actions under this section do not constitute rules
30 within the meaning of s. 120.52.
31 (3)(b) The Department of Agriculture and Consumer
14
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 Services Aquaculture Section shall act as a clearinghouse for
2 aquaculture applications submitted to the department, and act
3 as a liaison between the Division of Marine Resources, the
4 Division of State Lands, the Department of Environmental
5 Protection district offices, other divisions within the
6 Department of Environmental Protection, and the water
7 management districts. The Department of Agriculture and
8 Consumer Services shall be responsible for regulating marine
9 aquaculture producers, except as specifically provided herein.
10 (6) Until such time that aquaculture general permits
11 under s. 403.814403.088 can be expanded and developed, the
12 department shall establish criteria to temporarily permit
13 aquaculture activities that may be presumed not to result in
14 adverse environmental impacts. The criteria developed pursuant
15 to this subsection do not constitute rules within the meaning
16 of s. 120.52. Permit application fees under this subsection
17 shall be no more than that established for a general permit.
18 The department may delegate to the water management districts
19 the regulatory authority for aquaculture facilities subject to
20 the temporary general permitting criteria of this subsection.
21 During the period prior to development of a general permit
22 under s. 403.814403.088, the department shall establish a
23 compliance plan based on monitoring results that will assist
24 in the development of the general permit.
25 Section 9. Subsection (1) of section 372.0225, Florida
26 Statutes, is amended to read:
27 372.0225 Freshwater organisms.--
28 (1) The Division of Fisheries of the Game and Fresh
29 Water Fish Commission, in order to manage the promotion,
30 marketing, and quality control of all freshwater organisms
31 produced in Florida and utilized commercially so that such
15
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 organisms shall be used to produce the optimum sustained yield
2 consistent with the protection of the breeding stock, is
3 directed and charged with the responsibility of:
4 (a) Providing for the regulation of the promotion,
5 marketing, and quality control of freshwater organisms
6 produced in Florida and utilized commercially.
7 (b) Regulating the processing of commercial freshwater
8 organisms on the water or on the shore.
9 (c) Providing documentation standards and statistical
10 record requirements with respect to commercial freshwater
11 organism catches.
12 (d) Regulating aquacultural facilities.
13 (d)(e) Conducting scientific, economic, and other
14 studies and research on all freshwater organisms produced in
15 the state and used commercially.
16 Section 10. Paragraph (g) of subsection (1) of section
17 372.65, Florida Statutes, is amended to read:
18 372.65 Freshwater fish dealer's license.--
19 (1) No person shall engage in the business of taking
20 for sale or selling any frogs or freshwater fish, including
21 live bait, of any species or size, or importing any exotic or
22 nonindigenous fish, until such person has obtained a license
23 and paid the fee therefor as set forth herein. The license
24 issued shall be in the possession of the person to whom issued
25 while such person is engaging in the business of taking for
26 sale or selling freshwater fish or frogs, is not transferable,
27 shall bear on its face in indelible ink the name of the person
28 to whom it is issued, and shall be affixed to a license
29 identification card issued by the commission. Such license is
30 not valid unless it bears the name of the person to whom it is
31 issued and is so affixed. The failure of such person to
16
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 exhibit such license to the commission or any of its wildlife
2 officers when such person is found engaging in such business
3 is a violation of law. The license fees and activities
4 permitted under particular licenses are as follows:
5 (g) Any individual or business issued an aquaculture
6 certificate, pursuant to s. 597.004, shall be exempt with
7 respect to aquaculture products authorized under such
8 certificate from the aquaculture game fish license and the
9 resident freshwater fish dealer's license. The commission is
10 authorized to require that cultured game fish sold be tagged
11 and to assess a fee of not more than 5 cents for each tag,
12 which shall be furnished by the commission.
13 Section 11. Subsection (3) of section 372.6672,
14 Florida Statutes, is amended to read:
15 372.6672 Alligator management and trapping program
16 implementation; commission authority.--
17 (3) The commission shall provide adequate notice of
18 state-sanctioned sales and may maintain a list of known hide
19 buyers and provide notice of state sales by mail. Nothing
20 herein shall authorize the commission to engage in marketing
21 or promotion of the sale of alligator hides or products other
22 than by providing the public notice described herein. The
23 commission is authorized to market alligator hides or products
24 obtained as a result of its law enforcement actions or its
25 nuisance alligator control programs.
26 Section 12. Subsection (4) of section 372.6673,
27 Florida Statutes, is amended to read:
28 372.6673 Taking and possession of alligators; trapping
29 licenses; fees.--
30 (4) No person shall take any alligator egg occurring
31 in the wild or possess any such egg unless such person has
17
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 obtained, or is a licensed agent of another person who has
2 obtained, an alligator egg collection permit. The alligator
3 egg collection permit shall be required in addition to the
4 alligator farming license provided in paragraph (2)(d). The
5 commission is authorized to assess a fee for issuance of the
6 alligator egg collection permit of up to $5 per egg authorized
7 to be taken or possessed pursuant to such permit, of which $1
8 per egg, excluding eggs collected on private wetland
9 management areas, may be transferred to the General Inspection
10 Trust Fund, to be administered by the Department of
11 Agriculture and Consumer Services for the purpose of providing
12 marketing and education services with respect to alligator
13 products produced in this state, notwithstanding other
14 provisions in this chapter.
15 Section 13. Subsection (2) of section 372.6674,
16 Florida Statutes, is amended to read:
17 372.6674 Required tagging of alligators and hides;
18 fees; revenues.--The tags provided in this section shall be
19 required in addition to any license required under s.
20 372.6673.
21 (2) The commission may require that an alligator hide
22 validation tag be affixed to the hide of any alligator taken
23 from the wild and that such hide be possessed, purchased,
24 sold, offered for sale, or transported in accordance with
25 commission rule. The commission is authorized to assess a fee
26 of up to $30 for each alligator hide validation tag issued, of
27 which $5 per validated hide, excluding those validated from
28 public hunt programs, may be transferred to the General
29 Inspection Trust Fund, to be administered by the Department of
30 Agriculture and Consumer Services for the purpose of providing
31 marketing and education services with respect to alligator
18
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 products produced in this state, notwithstanding other
2 provisions in this chapter.
3 Section 14. Subsection (5) of section 373.046, Florida
4 Statutes, is amended to read:
5 373.046 Interagency agreements.--
6 (5) Notwithstanding the provisions of s. 403.927, when
7 any operating agreement is developed pursuant to subsection
8 (4):
9 (a) The department shall have regulatory
10 responsibility under part IV of this chapter for:
11 1. All saltwater aquaculture activities located on
12 sovereignty submerged land or in the water column above such
13 land and adjacent facilities directly related to the
14 aquaculture activity.
15 2. Marine and estuarine aquaculture activities that do
16 not require a consumptive use permit under part II of this
17 chapter.
18 2.3. Aquaculture activities that meet or exceed the
19 thresholds for aquaculture general permits authorized pursuant
20 to ss. 370.26 and 403.814403.088.
21 3.4. Aquaculture activities within the Northwest
22 Florida Water Management District.
23 (b) Water management districts shall have regulatory
24 responsibility under part IV of this chapter for aquaculture
25 activities not retained by the department in paragraph (a).
26 (c) Upon agreement by the applicant, the department,
27 and the applicable water management district, the department
28 and water management district may reassign deviate from the
29 regulatory responsibilities described in paragraphs (a) and
30 (b), based on the specific aquaculture operation, to achieve a
31 more efficient and effective permitting process.
19
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 Section 15. Subsection (8) is added to section
2 373.406, Florida Statutes, to read:
3 373.406 Exemptions.--The following exemptions shall
4 apply:
5 (8) Certified aquaculture activities under s. 597.004
6 are exempt from this part.
7 Section 16. Subsection (5) is added to section
8 403.0885, Florida Statutes, to read:
9 403.0885 Establishment of federally approved state
10 National Pollutant Discharge Elimination System (NPDES)
11 Program.--
12 (5) Certified aquaculture activities under s. 597.004
13 that have individual production units whose annual production
14 and water discharge are less than the parameters established
15 by the NPDES program are exempt from wastewater management
16 regulations for those production units only. The cumulative
17 effects of all exempt individual production units on a farm
18 shall also be deemed to be exempt. For purposes herein, the
19 term "individual production units" shall be determined by rule
20 of the Department of Agriculture and Consumer Services.
21 Section 17. Subsections (8), (9), and (10) of section
22 403.814, Florida Statutes, are amended to read:
23 403.814 General permits; delegation.--
24 (8) An aquaculture general permit under s. 403.088
25 shall be established for the saltwater cultivation of aquatic
26 fish and other marine organisms, except alligators, in upland
27 aquaculture facilities when such facilities have individual
28 production units whose annual production and water discharge
29 meet or exceed the parameters established by the NPDES
30 program. Activities that have individual production units
31 whose annual production and water discharge are less than the
20
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 parameters established by the NPDES program shall be regulated
2 pursuant to s. 403.0885(5).
3 (9) The authority to issue or deny general permits
4 developed by the department pursuant to subsection subsections
5 (8) and (9) for aquaculture facilities is hereby delegated to
6 the water management districts when they have regulatory
7 responsibility for the facility pursuant to s. 373.046
8 project.
9 (10) The authority to issue or deny general permits
10 developed by the department pursuant to subsections (8) and
11 (9) for aquaculture facilities is hereby delegated to the
12 water management districts when they have regulatory
13 responsibility for the project.
14 (10) Upon agreement by the applicant, the department,
15 and the applicable water management district, the department
16 and water management district may reassign the regulatory
17 responsibilities described in s. 373.046(5)(a) and (b), based
18 on the specific aquaculture operation, to achieve a more
19 efficient and effective permitting process.
20 Section 18. Section 597.002, Florida Statutes, is
21 amended to read:
22 597.002 Legislative declaration of public policy
23 respecting aquaculture.--The Legislature declares that
24 aquaculture is agriculture and, as such, the Department of
25 Agriculture and Consumer Services shall be the primary agency
26 responsible for regulating aquaculture, any other law to the
27 contrary notwithstanding. The only exceptions are those areas
28 required by federal law, rule, or cooperative agreement to be
29 regulated by another agency. The Legislature declares that, in
30 order to effectively support the growth of aquaculture in this
31 state, there is a need for a state aquaculture plan that will
21
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 provide for the coordination and prioritization of state
2 aquaculture efforts and the conservation and enhancement of
3 aquatic resources and will provide mechanisms for increasing
4 aquaculture production which may lead to the creation of new
5 industries, job opportunities, income for aquaculturists, and
6 other benefits to the state. The state aquaculture plan shall
7 guide the research and development of the aquaculture
8 industry. Funds designated by the Legislature for aquaculture
9 research and development or for contracting for aquaculture
10 research and development shall be used to address the projects
11 and activities designated in the state aquaculture plan. Any
12 entity receiving legislative funding for aquaculture research
13 and development programs shall report annually to the
14 department all activities related to aquaculture to facilitate
15 coordination and compliance with the state aquaculture plan.
16 Section 19. Paragraph (j) is added to subsection (1)
17 of section 597.003, Florida Statutes, to read:
18 597.003 Powers and duties of Department of Agriculture
19 and Consumer Services.--
20 (1) The department is hereby designated as the lead
21 agency in encouraging the development of aquaculture in the
22 state and shall have and exercise the following functions,
23 powers, and duties with regard to aquaculture:
24 (j) Issue or deny any license or permit authorized or
25 delegated to the department by the Legislature or through
26 memorandum of understanding with other state or federal
27 agencies that furthers the intent of the Legislature to place
28 the regulation of aquaculture in the department.
29 Section 20. Section 597.004, Florida Statutes, is
30 amended to read:
31 597.004 Aquaculture certificate of registration.--
22
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 (1) SHELLFISH CERTIFICATION.--
2 (a) Any person engaging in shellfish aquaculture must
3 be certified by the department. The applicant for a
4 certificate of registration shall submit the following to the
5 department:
6 (a)1. Applicant's name/title.
7 (b)2. Company name.
8 (c)3. Complete mailing address.
9 (d)4. Legal property description of all aquaculture
10 facilities.
11 (e)5. Description of production facilities.
12 (f)6. Aquaculture products to be produced.
13 (g)7. Fifty dollar annual registration fee, effective
14 July 1, 1997.
15 (2) NONSHELLFISH CERTIFICATION.--
16 (a) Any person engaging in nonshellfish aquaculture,
17 except as otherwise provided in this section, must be
18 certified by the department. The applicant for a certificate
19 of registration for nonshellfish products shall submit the
20 following to the department:
21 1. The information requested in subsection (1) above.
22 2. Documentation that the rules adopted herein have
23 been complied with in accordance with subsection (b) below.
24 (b) RULEMAKING.--The department, in consultation with
25 the Department of Environmental Protection, the water
26 management districts, environmental groups, and
27 representatives from the affected farming groups, shall adopt
28 rules to:
29 1. Specify the requirement of best-management
30 practices to be implemented by property owners and
31 leaseholders.
23
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 2. Establish procedures for property owners and
2 leaseholders to submit the notice of intent to comply with
3 best-management practices.
4 3. Establish schedules for implementation of
5 best-management practices, and of interim measures that can be
6 taken prior to adoption of best-management practices.
7 4. Establish a system to assure the implementation of
8 best-management practices, including recordkeeping
9 requirements.
10 Rules adopted pursuant to this subsection shall become
11 effective pursuant to the applicable provisions of chapter
12 120, but must be submitted to the President of the Senate and
13 the Speaker of the House of Representatives for review by the
14 Legislature. The rules shall be referred to the appropriate
15 committees of substance and scheduled for review during the
16 first available regular session following adoption. Except as
17 otherwise provided by operation of law, such rules shall
18 remain in effect until rejected or modified by act of the
19 Legislature.
20 (c) WAIVER OF LIABILITY.--Not withstanding any
21 provision of law, the Department of Environmental Protection
22 is not authorized to institute proceedings against any person
23 certified under s. 597.004 to recover any costs or damages
24 associated with contamination of groundwater or surface water,
25 or the evaluation, assessment, or remediation of contamination
26 of groundwater or surface water, including sampling, analysis,
27 and restoration of potable water supplies, where the
28 contamination of groundwater or surface water is determined to
29 be the result of aquaculture practices, provided the property
30 owner or leaseholder:
31 1. Provides the department with a notice of intent to
24
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 implement applicable best-management practices adopted by the
2 department;
3 2. Implements applicable best-management practices as
4 soon as practicable according to rules adopted by the
5 department; and
6 3. Implements practicable interim measures identified
7 and adopted by the department which can be implemented
8 immediately, or according to rules adopted by the department.
9 (d) COMPLIANCE.--There is a presumption of compliance
10 with state groundwater and surface water standards if the
11 property owner or leaseholder implements best-management
12 practices that have been verified by the Department of
13 Environmental Protection to be effective at representative
14 sites and complies with the following:
15 1. Provides the department with a notice of intent to
16 implement applicable best-management practices adopted by the
17 department;
18 2. Implements applicable best-management practices as
19 soon as practicable according to rules adopted by the
20 department; and
21 3. Implements practicable interim measures identified
22 and adopted by the department which can be implemented
23 immediately, or according to rules adopted by the department.
24 (e) REPORT.--The department shall provide, by December
25 31, 1999, to the President of the Senate and the Speaker of
26 the House of Representatives, a progress report concerning the
27 development, implementation, and effectiveness of
28 best-management practices to prevent contamination of
29 groundwater and surface water.
30 (f) OTHER PROVISIONS.--This section does not limit
31 federally delegated regulatory authority.
25
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 (g)(b) Any aquatic plant producer permittedcertified
2 by the Game and Fresh Water Fish Commissiondepartment pursuant
3 to s. 369.25 shall also be issued an aquaculture certificate
4 of registration pursuant to subsection (1) above.
5 (h)(c) Any alligator producer with an alligator
6 farming license and permit to establish and operate an
7 alligator farm pursuant to the provisions and rules of chapter
8 372 shall be issued an aquaculture certificate of registration
9 pursuant to subsection (1) above.
10 (2) FEES.--
11 (a) Effective July 1, 1997, all fees collected
12 pursuant to this section shall be deposited into the General
13 Inspection Trust Fund in the Department of Agriculture and
14 Consumer Services.
15 (b) For each aquaculture certificate of registration
16 issued pursuant to this section for freshwater fish operations
17 under chapter 372, $40 shall be deposited into the State Game
18 Trust Fund in the Game and Fresh Water Fish Commission from
19 the General Inspection Trust Fund in the Department of
20 Agriculture and Consumer Services.
21 (3) IDENTIFICATION OF AQUACULTURE
22 PRODUCTS.--Aquaculture products shall be identified while
23 possessed, processed, transported, or sold as provided in this
24 subsection, except those subject to the requirements of
25 chapter 372 and the rules of the Game and Fresh Water Fish
26 Commission as they relate to alligators only.
27 (a) Aquaculture products shall be identified by an
28 aquaculture certificate of registration number from harvest to
29 point of sale. Any person who possesses aquaculture products
30 must show, by appropriate receipt, bill of sale, bill of
31 lading, or other such manifest where the product originated.
26
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 (b) Marine aquaculture products shall be transported
2 in containers that separate such product from wild stocks, and
3 shall be identified by tags or labels that are securely
4 attached and clearly displayed.
5 (c) Each aquaculture registrant who sells food
6 products labeled as "aquaculture or farm raised" must have
7 such products containerized and clearly labeled in accordance
8 with s. 500.11. Label information must include the name,
9 address, and aquaculture certification number. This
10 requirement is designed to segregate the identity of wild and
11 aquaculture products.
12 (4) SALE OF AQUACULTURE PRODUCTS.--
13 (a) Aquaculture products, except shellfish, snook,
14 spotted sea trout, red drum, and freshwater aquatic species
15 identified in chapter 372 and rules of the Game and Fresh
16 Water Fish Commission, may be sold without restriction so long
17 as product origin can be identified.
18 (b) Aquaculture shellfish must be sold and handled in
19 accordance with shellfish handling regulations of the
20 Department of Environmental Protection established to protect
21 public health.
22 (5) REGISTRATION AND RENEWALS.--
23 (a) Not later than December 1, 1996, Each aquaculture
24 producer must apply for an aquaculture certificate of
25 registration with the department and submit the appropriate
26 fee. Upon department approval, the department shall issue the
27 applicant an aquaculture certificate of registration only for
28 a the period of 1 year covering December 1, 1996, through June
29 30, 1997. The department shall not require a registration fee
30 only for the period covering December 1, 1996, through June
31 30, 1997. However, Beginning July 1, 1997, and each year
27
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 thereafter, each aquaculture certificate of registration must
2 be renewed with fee, pursuant to this chapter, on July 1.
3 (b) No later than October 1, 1996, The department
4 shall send notices of registration to all aquaculture
5 producers of record requiring them to register for an
6 aquaculture certificate. Thereafter, the department shall send
7 a Renewal notices shall be sent notice to the registrant 60
8 days preceding the termination date of the certificate of
9 registration. Prior to the termination date, the registrant
10 must return a completed renewal form with fee, pursuant to
11 this chapter, to the department.
12 Section 21. Paragraph (i) is added to subsection (3)
13 of section 597.005, Florida Statutes, to read:
14 597.005 Aquaculture Review Council.--
15 (3) RESPONSIBILITIES.--The primary responsibilities of
16 the Aquaculture Review Council are to:
17 (i) Provide the Governor, the President of the Senate,
18 the Speaker of the House of Representatives, and the chairs of
19 legislative committees having primary jurisdiction over either
20 the subject of aquaculture or the budget of the Department of
21 Agriculture and Consumer Services, by August 1 of each year, a
22 list of prioritized research needs critical to development of
23 the aquaculture industry.
24 Section 22. This act shall take effect July 1 of the
25 year in which enacted.
26
27
28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 On page 1, line 1, through page 2, line 12,
31 remove from the title of the bill: all of said lines
28
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 and insert in lieu thereof:
2 A bill to be entitled
3 An act relating to aquaculture; amending s.
4 253.72, F.S.; establishing wild harvest
5 setbacks from shellfish leases; amending s.
6 370.027, F.S.; providing an exception to
7 rulemaking authority of the Marine Fisheries
8 Commission with respect to specified marine
9 life; providing that marine aquaculture
10 producers shall be regulated by the Department
11 of Agriculture and Consumer Services; amending
12 s. 370.06, F.S.; revising provisions relating
13 to issuance and renewal of saltwater products
14 licenses and special activity licenses;
15 authorizing issuance of special activity
16 licenses for the use of special gear or
17 equipment, the importation and possession of
18 sturgeon and nonindigenous saltwater species,
19 the harvest of certain shellfish, and the
20 capture of certain saltwater species;
21 authorizing permit consolidation procedures;
22 providing activity license terms; amending s.
23 370.081, F.S.; revising provisions relating to
24 the importation of nonindigenous marine plants
25 and animals; amending s. 370.10, F.S.;
26 authorizing the harvesting or possession of
27 saltwater species for experimental, scientific,
28 education, and exhibition purposes; amending s.
29 370.16, F.S.; establishing wild harvest
30 setbacks from shellfish leases; amending s.
31 370.26, F.S.; relating to aquaculture
29
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 definitions; defining the term "marine product
2 facility" and revising definition of the term
3 "marine aquaculture product"; authorizing
4 delegation of regulatory authority for certain
5 aquaculture facilities; deleting requirements
6 of an Aquaculture Section in the Department of
7 Environmental Protection; providing duties of
8 the Department of Agriculture and Consumer
9 Services; authorizing delegation of regulatory
10 authority for certain aquaculture facilities;
11 amending s. 372.0225, F.S.; revising
12 responsibilities of the Division of Fisheries
13 of the Game and Fresh Water Fish Commission
14 relating to freshwater organisms; amending s.
15 372.65, F.S.; authorizing exemption for
16 freshwater fish dealer's license; amending s.
17 372.6672, F.S.; removing obsolete language
18 relating to state-sanctioned sales of alligator
19 hides; amending s. 372.6673, F.S.; providing
20 for a portion of the fees assessed for
21 alligator egg collection permits to be
22 transferred to the General Inspection Trust
23 Fund to be used for certain purposes; amending
24 s. 372.6674, F.S.; providing for a portion of
25 the fees assessed for alligator hide validation
26 tags to be transferred to the General
27 Inspection Trust Fund to be used for certain
28 purposes; amending s. 373.046, F.S.; clarifying
29 jurisdiction over aquaculture activities;
30 providing exemption for management and storage
31 of surface water; amending s. 403.0885, F.S.;
30
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HOUSE AMENDMENT
Bill No. CS/HB 3673
Amendment No. (for drafter's use only)
1 providing exemptions from the state National
2 Pollutant Discharge Elimination System program;
3 amending s. 403.814, F.S.; revising and
4 clarifying provisions relating to aquaculture
5 general permits; amending s. 597.002, F.S.;
6 clarifying jurisdiction over aquaculture
7 activities; amending s. 597.003, F.S.;
8 expanding the powers and duties of the
9 Department of Agriculture and Consumer Services
10 relating to regulation of aquaculture; amending
11 s. 597.004, F.S.; revising provisions relating
12 to aquaculture certificate of registration;
13 amending s. 597.005, F.S.; providing for a list
14 of prioritized research needs; providing an
15 effective date.
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