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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11  Representative(s) Kelly offered the following:

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13         Amendment (with title amendment) 

14         On page 13, between lines 6 and 7,

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16  insert:

17         Section 3.  Subsection (6) of section 370.07, Florida

18  Statutes, is amended, and a new subsection (8) is created to

19  read:

20         370.07  Wholesale and retail saltwater products

21  dealers; regulation.--

22         (6)  RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

23         (a)  Wholesale dealers shall be required by the

24  department to make and preserve a record of the names and

25  addresses of persons from whom or to whom saltwater products

26  are purchased or sold, the quantity so purchased or sold from

27  or to each vendor or purchaser, and the date of each such

28  transaction. Retail dealers shall be required to make and

29  preserve a record from whom all saltwater products are

30  purchased.  Such record shall be open to inspection at all

31  times by the department.  A report covering the sale of

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    File original & 9 copies    04/21/98
    hwr0003                     12:56 pm         03779-0042-062513




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No.     (for drafter's use only)





 1  saltwater products shall be made monthly or as often as

 2  required by rule to the department by each wholesale dealer.

 3  All reports required under this subsection are confidential

 4  and shall be exempt from the provisions of s. 119.07(1) Except

 5  that, pursuant to authority related to interstate fishery

 6  compacts as provided by s. 370.19(3) and s. 370.20(3), reports

 7  may be shared with another state if that state is a member of

 8  an interstate fisheries compact, and if that state has signed

 9  a Memorandum of Agreement or a similar instrument agreeing to

10  preserve confidentiality as established by Florida law.

11         (b)  The department may revoke, suspend, or deny the

12  renewal of the license of any dealer for failure to make and

13  keep required records, for failure to make required reports,

14  for failure or refusal to permit the examination of required

15  records, or for falsifying any such record.  In addition to,

16  or in lieu of, the penalties penalty imposed pursuant to this

17  paragraph and s. 370.021, the department may impose against

18  any person, firm, or corporation who is determined to have

19  violated any provision of this paragraph or any provisions of

20  any department rules promulgated pursuant to s. 370.0607, the

21  following additional penalties:

22         1.  For the first violation, a civil penalty of up to

23  $1,000;

24         2.  For a second violation committed within 24 months

25  of any previous violation, a civil penalty of up to $2,500;

26  and

27         3.  For a third or subsequent violation committed

28  within 36 months of any previous two violations, a civil

29  penalty of up to $5,000.

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31  The proceeds of all civil penalties collected pursuant to this

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    File original & 9 copies    04/21/98
    hwr0003                     12:56 pm         03779-0042-062513




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No.     (for drafter's use only)





 1  subsection shall be deposited into the Marine Resources

 2  Conservation Trust Fund and shall be used for administration,

 3  auditing, and law enforcement purposes penalties pursuant to

 4  s. 370.021.

 5         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

 6  unlawful for any licensed retail dealer or any restaurant

 7  licensed by the Division of Hotels and Restaurants of the

 8  Department of Business and Professional Regulation to buy

 9  saltwater products from any person other than a licensed

10  wholesale or retail dealer.

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

14  And the title is amended as follows:

15         On page 1, line 24, after "research;",

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17  insert:

18         amending s. 370.07, F.S.; clarifying

19         confidentiality requirements of fisheries data

20         shared with regional fisheries councils;

21         providing penalties for violators of certain

22         fisheries laws;

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    File original & 9 copies    04/21/98
    hwr0003                     12:56 pm         03779-0042-062513