HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Kelly offered the following:

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13         Amendment (with title amendment) 

14         On page 3, between lines 7 & 8,

15

16  insert:

17         Section 2.  A new subsection (4) is added to Section

18  370.021, Florida Statutes, to read:

19         370.021  Administration; rules, publications, records;

20  penalty for violation of chapter; injunctions.--

21         (4)  In addition to being subject to other penalties

22  provided in this chapter, any violation of ss. 370.06 or

23  370.07, or rules of the department implementing ss. 370.06 or

24  370.07, involving buying saltwater products from an unlicensed

25  person, firm, or corporation, or selling saltwater products by

26  an unlicensed person, firm, or corporation, shall be a major

27  violation, and the department may assess the following

28  penalties:

29         1.  For a first violation, the department may assess a

30  civil penalty of up to $2,500 and may suspend the wholesale

31  and/or retail dealer's license privileges for up to 90

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    File original & 9 copies    04/21/98
    hwr0003                     12:55 pm         03779-0042-052257




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No.     (for drafter's use only)





 1  calendar days.

 2         2.  For a second violation occurring within 12 months

 3  of a prior violation, the department may assess a civil

 4  penalty of up to $5,000 and may suspend the wholesale and/or

 5  retail dealer's license privileges for up to 180 calendar

 6  days.

 7         3.  For a third or subsequent violation occurring

 8  within a 24 month period, the department shall assess a civil

 9  penalty of $5,000 and shall suspend the wholesale and/or

10  retail dealer's license privileges for up to 24 months.

11

12  Any proceeds from the civil penalties assessed pursuant to

13  this subsection shall be deposited into the Marine Resources

14  Conservation Trust Fund and shall be used as follows:  40

15  percent for administration and processing purposes; and 60

16  percent for law enforcement purposes.

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

20  And the title is amended as follows:

21         On page 1, line 6, after the semicolon,

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23  insert:

24         amending s. 370.021, F.S.; making wholesale and

25         retail seafood dealers and restaurants liable

26         for penalties for buying seafood from

27         unlicensed persons or corporations;

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    File original & 9 copies    04/21/98
    hwr0003                     12:55 pm         03779-0042-052257