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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Kelly offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (3) is added to section 253.72,

18  Florida Statutes, to read:

19         253.72  Marking of leased areas; restrictions on public

20  use.--

21         (3)  To assist in protecting shellfish aquaculture

22  products produced on leases authorized pursuant to this

23  chapter and chapter 370, harvesting shellfish is prohibited

24  within a distance of 25 feet outside lawfully marked lease

25  boundaries or within setback and access corridors within

26  specifically designated high-density aquaculture lease areas

27  and aquaculture use zones.

28         Section 2.  Subsection (12) of 370.01, Florida Statutes

29  is, amended to read:

30         370.01  Definitions.--In construing these statutes,

31  where the context does not clearly indicate otherwise, the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  word, phrase, or term:

 2         (12)  "Food fish" shall include mullet, trout, redfish,

 3  sheepshead, pompano, mackerel, bluefish, red snapper, grouper,

 4  black drum, jack crevalle, and all other fish generally used

 5  for human consumption.

 6         Section 3.  Subsection (2) of section 370.06, Florida

 7  Statutes, is amended to read:

 8         370.06  Licenses.--

 9         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

12  saltwater products, or which harvests saltwater products with

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

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

15  aquaculture certificate is not required to purchase and

16  possess a saltwater products license in order to possess,

17  transport, or sell marine aquaculture products.  Each

18  saltwater products license allows the holder to engage in any

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

20  license must be in the possession of the licenseholder or

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

22  time that harvesting activities for which a license is

23  required are being conducted. A restricted species endorsement

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

25  licensed wholesale dealer those species which the state, by

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

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

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

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

30  attributable to the sale of saltwater products pursuant to a

31  license issued under this paragraph or a similar license from

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





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

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

 3  its income is attributable to the sale of saltwater products

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

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

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

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

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

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

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

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

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

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

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

15  attributable to work, employment, entrepreneurship, pensions,

16  retirement benefits, and social security benefits.

17         1.  The department is authorized to require

18  verification of such income. Acceptable proof of income earned

19  from the sale of saltwater products shall be:

20         a.  Copies of trip ticket records generated pursuant to

21  this subsection (marine fisheries information system),

22  documenting qualifying sale of saltwater products;

23         b.  Copies of sales records from locales other than

24  Florida documenting qualifying sale of saltwater products;

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

26  including Form 1099 attachments, verifying income earned from

27  the sale of saltwater products;

28         d.  Crew share statements verifying income earned from

29  the sale of saltwater products; or

30         e.  A certified public accountant's notarized statement

31  attesting to qualifying source and amount of income.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1

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

 3  Florida Statutes to the contrary notwithstanding, any person

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

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

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

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

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

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

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

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

12  products enterprise by affidavit and shall thereupon be issued

13  a restricted species endorsement.

14         2.  Exceptions from income requirements shall be as

15  follows:

16         a.  A permanent restricted species endorsement shall be

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

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

19         b.  Active military duty time shall be excluded from

20  consideration of time necessary to qualify and shall not be

21  counted against the applicant for purposes of qualifying.

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

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

24  for a restricted species endorsement, the purchaser of such

25  vessel shall be exempted from the qualifying income

26  requirement for the purpose of obtaining a restricted species

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

28  vessel.

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

30  possessing a restricted species endorsement, an immediate

31  family member wishing to carry on the fishing operation shall

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  be exempted from the qualifying income requirement for the

 2  purpose of obtaining a restricted species endorsement for a

 3  period of 1 year after the death or disablement.

 4         e.  A restricted species endorsement may be issued on

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

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

 7  the sale of saltwater products pursuant to the provisions of

 8  this paragraph.

 9         f.  A permanent restricted species endorsement may also

10  be issued on an individual saltwater products license to a

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

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

13         g.  Any resident who is certified to be totally and

14  permanently disabled by a verified written statement, based

15  upon the criteria for permanent total disability in chapter

16  440 from a physician licensed in this state, by any branch of

17  the United States Armed Services, by the Social Security

18  Administration, or by the United States Department of Veterans

19  Affairs or its predecessor, or any resident who holds a valid

20  identification card issued by the Department of Veterans'

21  Affairs pursuant to s. 295.17, shall be exempted from the

22  income requirements if he or she also has held a saltwater

23  products license for at least 3 of the last 5 license years

24  prior to the date of the disability. A Disability Award Notice

25  issued by the United States Social Security Administration is

26  not sufficient certification for a resident to obtain the

27  income exemption unless the notice certifies that the resident

28  is totally and permanently disabled.

29

30  At least one saltwater products license bearing a restricted

31  species endorsement shall be aboard any vessel harvesting

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





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

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

 3  vessel shall have a commercial vessel registration. This

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

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

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

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

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

 9  shall be issued with each saltwater products license issued to

10  a valid boat registration number. The saltwater products

11  license decal shall be the same color as the vessel

12  registration decal issued each year pursuant to s. 327.11(7)

13  and shall indicate the period of time such license is valid.

14  The saltwater products license decal shall be placed beside

15  the vessel registration decal and, in the case of an

16  undocumented vessel, shall be placed so that the vessel

17  registration decal lies between the vessel registration number

18  and the saltwater products license decal. Any saltwater

19  products license decal for a previous year shall be removed

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

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

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

23  for a saltwater products license issued to a valid boat

24  registration number. A nonresident shall pay an annual license

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

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

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

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

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

30  products license issued to a valid boat registration number.

31  Any person who sells saltwater products pursuant to this

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





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

 2  saltwater products license must be presented to the licensed

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

 4  imprint made thereof. The wholesale dealer shall keep records

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

 6  of the Department of Environmental Protection not in conflict

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

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

 9  unlawful for any licensed wholesale dealer to buy saltwater

10  products from any unlicensed person under the provisions of

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

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

13  licensed wholesale dealer to buy saltwater products designated

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

15  not possessing a restricted species endorsement on his or her

16  saltwater products license under the provisions of this

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

18  another licensed wholesale dealer. The Department of

19  Environmental Protection shall be the licensing agency, may

20  contract with private persons or entities to implement aspects

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

22  fisheries information system in conjunction with the licensing

23  program to gather fisheries data.

24         (b)  Any person who sells, offers for sale, barters, or

25  exchanges for merchandise saltwater products must have a

26  method of catch preservation which meets the requirements and

27  standards of the seafood quality control code promulgated by

28  the Department of Environmental Protection.

29         (c)  A saltwater products license is required to

30  harvest commercial quantities of saltwater products.  Any

31  vessel from which commercial quantities of saltwater products

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  are harvested must have a commercial vessel registration.

 2  Commercial quantities of saltwater products shall be defined

 3  as:

 4         1.  With respect to those species for which no bag

 5  limit has been established, more than 100 pounds per person

 6  per day, provided that the harvesting of two fish or less per

 7  person per day shall not be considered commercial quantities

 8  regardless of aggregate weight; and

 9         2.  With respect to those species for which a bag limit

10  has been established, more than the bag limit allowed by law

11  or rule.

12         (d)1.  In addition to the saltwater products license, a

13  marine life fishing endorsement is shall be required for the

14  harvest of marine life species as defined by rule of the

15  Marine Fisheries Commission. This endorsement may be issued

16  only to a person who is at least 16 years of age or older or

17  to a corporation holding a valid restricted species

18  endorsement.

19         2.a.  Effective July 1, 1998, and until July 1, 2002, a

20  marine life endorsement may not be issued under this

21  paragraph, except that those endorsements that are active

22  during the 1997-1998 fiscal year may be renewed.

23         b.  In 1998 persons or corporations holding a marine

24  life endorsement that was active in the 1997-1998 fiscal year

25  or an immediate family member of that person must request

26  renewal of the marine life endorsement before December 31,

27  1998.

28         c.  In subsequent years and until July 1, 2002, a

29  marine life endorsement holder or member of his or her

30  immediate family must request renewal of the marine life

31  endorsement before September 30 of each year.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         d.  If a person or corporation holding an active marine

 2  life fishing endorsement or a member of that person's

 3  immediate family does not request renewal of the endorsement

 4  before the applicable dates specified in this paragraph, the

 5  department shall deactivate that marine life fishing

 6  endorsement.

 7         e.  In the event of the death or disability of a person

 8  holding an active marine life fishing endorsement, the

 9  endorsement may be transferred by the person to a member of

10  his or her immediate family or may be renewed by any person so

11  designated by the executor of the person's estate.

12         f.  Persons or corporations who hold saltwater product

13  licenses with marine life fishing endorsements issued to their

14  vessel registration numbers and who subsequently replace their

15  existing vessels with new vessels may transfer the existing

16  marine life fishing endorsement to the new boat registration

17  numbers.

18         g.  Persons or corporations who hold saltwater product

19  licenses with marine life fishing endorsements issued to their

20  name and who subsequently incorporate or unincorporate may

21  transfer the existing marine life fishing endorsement to the

22  new corporation or person.

23         h.  By July 1, 2000, the Marine Fisheries Commission

24  shall prepare a report regarding options for the establishment

25  of a limited-entry program for the marine life fishery and

26  submit the report to the Governor, the President of the

27  Senate, the Speaker of the House of Representatives, and the

28  chairs of the Senate and House committees having jurisdiction

29  over marine resources.

30         3.2.  The fee for a marine life fishery endorsement on

31  a saltwater products license shall be $75.  These license fees

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  shall be collected and deposited in the Marine Resources

 2  Conservation Trust Fund and used for the purchase and

 3  installation of vessel mooring buoys at coral reef sites and

 4  for research related to marine fisheries.

 5         Section 4.  Subsection (1) of section 370.0608, Florida

 6  Statutes, is amended to read:

 7         370.0608  Deposit of license fees; allocation of

 8  federal funds.--

 9         (1)  All license fees collected pursuant to s. 370.0605

10  shall be deposited into the Marine Resources Conservation

11  Trust Fund, to be used as follows:

12         (a)  Not more than 5 2.5 percent of the total fees

13  collected shall be for the Marine Fisheries Commission to be

14  used to carry out the responsibilities of the commission and

15  to provide for the award of funds to marine research

16  institutions in this state for the purposes of enabling such

17  institutions to conduct worthy marine research projects.

18         (b)  Not less than 2.5 percent of the total fees

19  collected shall be used for aquatic education purposes.

20         (c)1.  The remainder of such fees shall be used by the

21  department for the following program functions:

22         a.  Not more than 5 percent of the total fees

23  collected, for administration of the licensing program and for

24  information and education.

25         b.  Not more than 30 percent of the total fees

26  collected, for law enforcement.

27         c.  Not less than 30 percent of the total fees

28  collected, for marine research.

29         d.  Not less than 27.5 30 percent of the total fees

30  collected, for fishery enhancement, including, but not limited

31  to, fishery statistics development, artificial reefs, and fish

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  hatcheries.

 2         2.  The Legislature shall annually appropriate to the

 3  Department of Environmental Protection from the General

 4  Revenue Fund for the activities and programs specified in

 5  subparagraph 1. at least the same amount of money as was

 6  appropriated to the department from the General Revenue Fund

 7  for such activities and programs for fiscal year 1988-1989,

 8  and the amounts appropriated to the department for such

 9  activities and programs from the Marine Resources Conservation

10  Trust Fund shall be in addition to the amount appropriated to

11  the department for such activities and programs from the

12  General Revenue Fund. The proceeds from recreational saltwater

13  fishing license fees paid by fishers shall only be

14  appropriated to the Department of Environmental Protection.

15         Section 5.  Subsection (3) of section 370.092, Florida

16  Statutes, is amended to read:

17         370.092  Carriage of proscribed nets across Florida

18  waters.--

19         (3)(a)  Notwithstanding subsections (1) and (2), unless

20  authorized by rule of the Marine Fisheries Commission, it is a

21  major violation under this section, punishable as provided in

22  subsection (4), for any person, firm, or corporation to

23  possess any gill or entangling net, or any seine net larger

24  than 500 square feet in mesh area, on any airboat or on any

25  other vessel less than 22 feet in length or less than 25 feet

26  in length if primary power of the vessel is mounted forward of

27  the vessel center point. Gill or entangling nets shall be as

28  defined in s. 16, Art. X of the State Constitution, s.

29  370.093(2)(b), or in a rule of the Marine Fisheries Commission

30  implementing s. 16, Art. X of the State Constitution. Vessel

31  length shall be determined in accordance with current U.S.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  Coast Guard regulations specified in the Code of Federal

 2  Regulations or as titled by the State of Florida. The Marine

 3  Fisheries Commission may adjust by rule the use of gear on

 4  vessels of lengths different than those specified in this

 5  section in order to prevent the illegal use of gill and

 6  entangling nets in state waters and to provide reasonable

 7  opportunities for the use of legal net gear in adjacent

 8  federal waters.

 9         (b)(a)  It shall be a major violation pursuant to this

10  section and shall be punished as provided in subsection (4)

11  for any person, firm, or corporation to be simultaneously in

12  possession of any species of mullet in excess of the

13  recreational daily bag limit and any gill or other entangling

14  net as defined in s. 16(c), Art. X of the State Constitution.

15  Simultaneous possession under this provision shall include

16  possession of mullet and gill or other entangling nets on

17  separate vessels or vehicles where such vessels or vehicles

18  are operated in coordination with one another including

19  vessels towed behind a main vessel. This subsection does not

20  prohibit a resident of this state from transporting on land,

21  from Alabama to this state, a commercial quantity of mullet

22  together with a gill net if:

23         1.  The person possesses a valid commercial fishing

24  license that is issued by the State of Alabama and that allows

25  the person to use a gill net to legally harvest mullet in

26  commercial quantities from Alabama waters.

27         2.  The person possesses a trip ticket issued in

28  Alabama and filled out to match the quantity of mullet being

29  transported, and the person is able to present such trip

30  ticket immediately upon entering this state.

31         3.  The mullet are to be sold to a wholesale saltwater

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  products dealer located in Escambia County or Santa Rosa

 2  County, which dealer also possesses a valid seafood dealer's

 3  license issued by the State of Alabama. The dealer's name must

 4  be clearly indicated on the trip ticket.

 5         4.  The mullet being transported are totally removed

 6  from any net also being transported.

 7         (c)(b)  It shall be a major violation pursuant to this

 8  section for any person to be in possession of any species of

 9  trout, snook, or redfish which is three fish in excess of the

10  recreational or commercial daily bag limit.

11         (d)  The Marine Fisheries Commission shall adopt rules

12  to prohibit the possession and sale of mullet taken in illegal

13  gill or entangling nets. Violations of such rules shall be

14  punishable as provided in subsection (4).

15         Section 6.  Section 370.093, Florida Statutes, is

16  amended to read:

17         370.093  Illegal use of nets.--

18         (1)  It is unlawful to take or harvest, or to attempt

19  to take or harvest, any marine life in Florida waters with any

20  net that is not consistent with the provisions of s. 16, Art.

21  X of the State Constitution.

22         (2)(a)  Beginning July 1, 1998, it is also unlawful to

23  take or harvest, or to attempt to take or harvest, any marine

24  life in Florida waters with any net, as defined in subsection

25  (3) and any attachments to such net, that combined are larger

26  than 500 square feet and have not been expressly authorized

27  for such use by rule of the Marine Fisheries Commission under

28  s. 370.027.  The use of currently legal shrimp trawls and

29  purse seines outside nearshore and inshore Florida waters

30  shall continue to be legal until the commission implements

31  rules regulating those types of gear.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         (b)  The use of gill or entangling nets of any size is

 2  prohibited, as such nets are defined in s. 16, Art. X of the

 3  State Constitution.  Any net constructed wholly or partially

 4  of monofilament or multifilament material, other than a hand

 5  thrown cast net, or a handheld landing or dip net, shall be

 6  considered to be an entangling net within the prohibition of

 7  s. 16, Art. X of the State Constitution unless specifically

 8  authorized by rule of the commission. Multifilament material

 9  shall not be defined to include nets constructed of braided or

10  twisted nylon, cotton, linen twine, or polypropylene twine.

11         (c)  This subsection shall not be construed to apply to

12  aquaculture activities licenses issued pursuant to s. 370.26.

13         (3)  As used in s. 16, Art. X of the State Constitution

14  and this subsection, the term "net" or "netting" must be

15  broadly construed to include all manner or combination of mesh

16  or webbing or any other solid or semisolid fabric or other

17  material used to comprise a device that is used to take or

18  harvest marine life.

19         (4)  Upon the arrest of any person for violation of

20  this subsection, the arresting officer shall seize the nets

21  illegally used. Upon conviction of the offender, the arresting

22  authority shall destroy the nets.

23         (5)  Any person who violates this section shall be

24  punished as provided in s. 370.092(4).

25         (6)  The Marine Fisheries Commission is granted

26  authority to adopt rules pursuant to ss. 370.025 and 370.027

27  implementing this section and the prohibitions and

28  restrictions of s. 16, Art. X of the State Constitution.

29         Section 7.  Subsection (2) of section 370.142, Florida

30  Statutes, is amended to read:

31         370.142  Spiny lobster trap certificate program.--

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

 2  PENALTIES.--The Department of Environmental Protection shall

 3  establish a trap certificate program for the spiny lobster

 4  fishery of this state and shall be responsible for its

 5  administration and enforcement as follows:

 6         (a)  Transferable trap certificates.--Each holder of a

 7  saltwater products license who uses traps for taking or

 8  attempting to take spiny lobsters shall be required to have a

 9  certificate on record for each trap possessed or used

10  therefor, except as otherwise provided in this section.

11         1.  The department shall initially allot such

12  certificates to each licenseholder with a current crawfish

13  trap number who uses traps.  The number of such certificates

14  allotted to each such licenseholder shall be based on the

15  trap/catch coefficient established pursuant to trip ticket

16  records generated under the provisions of s. 370.06(2)(a) over

17  a 3-year base period ending June 30, 1991. The trap/catch

18  coefficient shall be calculated by dividing the sum of the

19  highest reported single license-year landings up to a maximum

20  of 30,000 pounds for each such licenseholder during the base

21  period by 700,000. Each such licenseholder shall then be

22  allotted the number of certificates derived by dividing his or

23  her highest reported single license-year landings up to a

24  maximum of 30,000 pounds during the base period by the

25  trap/catch coefficient. Nevertheless, no licenseholder with a

26  current crawfish trap number shall be allotted fewer than 10

27  certificates. However, certificates may only be issued to

28  individuals; therefore, all licenseholders other than

29  individual licenseholders shall designate the individual or

30  individuals to whom their certificates will be allotted and

31  the number thereof to each, if more than one. After initial

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  issuance, trap certificates are transferable on a market basis

 2  and may be transferred from one licenseholder to another for a

 3  fair market value agreed upon between the transferor and

 4  transferee. Each such transfer shall, within 72 hours thereof,

 5  be recorded on a notarized form provided for that purpose by

 6  the department and hand delivered or sent by certified mail,

 7  return receipt requested, to the department for recordkeeping

 8  purposes. In addition, in order to cover the added

 9  administrative costs of the program and to recover an

10  equitable natural resource rent for the people of the state, a

11  transfer fee of $2 per certificate transferred shall be

12  assessed against the purchasing licenseholder and sent by

13  money order or cashier's check with the certificate transfer

14  form. Also, in addition to the transfer fee, a surcharge of $5

15  per certificate transferred or 25 percent of the actual fair

16  market value, whichever is greater, given to the transferor

17  shall be assessed the first time a certificate is transferred

18  outside the original transferor's immediate family. No

19  transfer of a certificate shall be effective until the

20  department receives the notarized transfer form and the

21  transfer fee, including any surcharge, is paid.  The

22  department may establish by rule an amount of equitable rent

23  per trap certificate that shall be recovered as partial

24  compensation to the state for the enhanced access to its

25  natural resources. In determining whether to establish such a

26  rent and, if so, the amount thereof, the department shall

27  consider the amount of revenues annually generated by

28  certificate fees, transfer fees, surcharges, trap license

29  fees, and sales taxes, the demonstrated fair market value of

30  transferred certificates, and the continued economic viability

31  of the commercial lobster industry. The proceeds of equitable

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  rent recovered shall be deposited in the Marine Resources

 2  Conservation Trust Fund and used by the department for

 3  research, management, and protection of the spiny lobster

 4  fishery and habitat.

 5         2.  No person, firm, corporation, or other business

 6  entity may control, directly or indirectly, more than 1.5

 7  percent of the total available certificates in any license

 8  year.

 9         3.  The department shall maintain records of all

10  certificates and their transfers and shall annually provide

11  each licenseholder with a statement of certificates held.

12         4.  The number of trap tags issued annually to each

13  licenseholder shall not exceed the number of certificates held

14  by the licenseholder at the time of issuance, and such tags

15  and a statement of certificates held shall be issued

16  simultaneously.

17         5.  Beginning July 1, 2003, and applicable to the

18  2003-2004 lobster season and thereafter, it is unlawful for

19  any person to lease lobster trap tags or certificates.

20  Leasing of lobster trap tags or certificates is allowable up

21  until July 1, 2003, provided that each transaction is

22  documented and each leased tag number is reported to the

23  department.

24         (b)  Trap tags.--Each trap used to take or attempt to

25  take spiny lobsters in state waters or adjacent federal waters

26  shall, in addition to the crawfish trap number required by s.

27  370.14(2), have affixed thereto an annual trap tag issued by

28  the department. Each such tag shall be made of durable plastic

29  or similar material and shall, beginning with those tags

30  issued for the 1993-1994 season based on the number of

31  certificates held, have stamped thereon the owner's license

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  number. To facilitate enforcement and recordkeeping, such tags

 2  shall be issued each year in a color different from that of

 3  each of the previous 3 years. A fee of 50 cents per tag issued

 4  other than on the basis of a certificate held shall be

 5  assessed through March 31, 1993. Until 1995, an annual fee of

 6  50 cents per certificate shall be assessed, and thereafter,

 7  until 1998, an annual fee of 75 cents per certificate shall be

 8  assessed upon issuance in order to recover administrative

 9  costs of the tags and the certificate program. Beginning in

10  1998, the annual certificate fee shall be $1 per certificate.

11  Replacement tags for lost or damaged tags may be obtained as

12  provided by rule of the department.

13         (c)  Prohibitions; penalties.--

14         1.  It is unlawful for a person to possess or use a

15  spiny lobster trap in or on state waters or adjacent federal

16  waters without having affixed thereto the trap tag required by

17  this section.  It is unlawful for a person to possess or use

18  any other gear or device designed to attract and enclose or

19  otherwise aid in the taking of spiny lobster by trapping that

20  is not a trap as defined in rule 46-24.006(2), Florida

21  Administrative Code.

22         2.  It is unlawful for a person to possess or use spiny

23  lobster trap tags without having the necessary number of

24  certificates on record as required by this section.

25         3.  In addition to any other penalties provided in s.

26  370.021 Unless otherwise provided in this section, a

27  commercial harvester, as defined by rule 46-24.002(1), Florida

28  Administrative Code, who violates the provisions of this

29  section, or the provisions relating to traps of chapter 46-24,

30  Florida Administrative Code, shall be punished as follows:

31         a.  If the first violation is for violation of

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  subparagraph 1. or subparagraph 2., the department shall

 2  assess an additional a civil penalty of up to $1,000 and the

 3  crawfish trap number issued pursuant to s. 370.14(2) or (7)

 4  may be suspended for the remainder of the current license

 5  year. For all other first violations, the department shall

 6  assess an additional a civil penalty of up to $500.

 7         b.  For a second violation of subparagraph 1. or

 8  subparagraph 2. which occurs within 24 months of any previous

 9  such violation, the department shall assess an additional a

10  civil penalty of up to $2,000 and the crawfish trap number

11  issued pursuant to s. 370.14(2) or (7) may be suspended for

12  the remainder of the current license year.

13         c.  For a third or subsequent violation of subparagraph

14  1. or subparagraph 2. which occurs within 36 months of any

15  previous two such violations, the department shall assess an

16  additional a civil penalty of up to $5,000 and may suspend the

17  crawfish trap number issued pursuant to s. 370.14(2) or (7)

18  for a period of up to 24 months or may revoke the crawfish

19  trap number and, if revoking the crawfish trap number, may

20  also proceed against the licenseholder's saltwater products

21  license in accordance with the provisions of s. 370.021(2)(e).

22         d.  Any person assessed an additional a civil penalty

23  pursuant to this section shall within 30 calendar days after

24  notification:

25         (I)  Pay the civil penalty to the department; or

26         (II)  Request an administrative hearing pursuant to the

27  provisions of s. 120.60.

28         e.  The department shall suspend the crawfish trap

29  number issued pursuant to s. 370.14(2) or (7) for any person

30  failing to comply with the provisions of sub-subparagraph d.

31         4.a.  It is unlawful for any person to make, alter,

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  forge, counterfeit, or reproduce a spiny lobster trap tag or

 2  certificate.

 3         b.  It is unlawful for any person to knowingly have in

 4  his or her possession a forged, counterfeit, or imitation

 5  spiny lobster trap tag or certificate.

 6         c.  It is unlawful for any person to barter, trade,

 7  sell, supply, agree to supply, aid in supplying, or give away

 8  a spiny lobster trap tag or certificate or to conspire to

 9  barter, trade, sell, supply, aid in supplying, or give away a

10  spiny lobster trap tag or certificate unless such action is

11  duly authorized by the department as provided in this chapter

12  or in the rules of the department.

13         5.a.  Any person who violates the provisions of

14  subparagraph 4., or any person who engages in the commercial

15  harvest, trapping, or possession of spiny lobster without a

16  crawfish trap number as required by s. 370.14(2) or (7) or

17  during any period while such crawfish trap number is under

18  suspension or revocation, commits a felony of the third

19  degree, punishable as provided in s. 775.082, s. 775.083, or

20  s. 775.084.

21         b.  In addition to any penalty imposed pursuant to

22  sub-subparagraph a., the department shall levy a fine of up to

23  twice the amount of the appropriate surcharge to be paid on

24  the fair market value of the transferred certificates, as

25  provided in subparagraph (a)1., on any person who violates the

26  provisions of sub-subparagraph 4.c.

27         6.  Any certificates for which the annual certificate

28  fee is not paid for a period of 3 years shall be considered

29  abandoned and shall revert to the department. During any

30  period of trap reduction, any certificates reverting to the

31  department shall become permanently unavailable and be

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  considered in that amount to be reduced during the next

 2  license-year period. Otherwise, any certificates that revert

 3  to the department are to be reallotted in such manner as

 4  provided by the department.

 5         7.  The proceeds of all civil penalties collected

 6  pursuant to subparagraph 3. and all fines collected pursuant

 7  to sub-subparagraph 5.b. shall be deposited into the Marine

 8  Resources Conservation Trust Fund.

 9         8.  All traps shall be removed from the water during

10  any period of suspension or revocation.

11         (d)  No vested rights.--The trap certificate program

12  shall not create vested rights in licenseholders whatsoever

13  and may be altered or terminated as necessary to protect the

14  spiny lobster resource, the participants in the fishery, or

15  the public interest.

16         Section 8.  Notwithstanding the provisions of section 2

17  of chapter 94-247, Laws of Florida, the statutory

18  authorization for the creation and functions of the Marine

19  Fisheries Commission contained in sections 370.025-370.028,

20  Florida Statutes, shall not stand repealed as scheduled by

21  those provisions, but shall continue in full force and effect.

22         Section 9.  Section 370.13, Florida Statutes, is

23  amended to read:

24         370.13  Stone crab; regulation.--

25         (1)(a)  It is unlawful for any person, firm, or

26  corporation to catch or have in his or her possession,

27  regardless of where taken, for his or her own use or to sell

28  or offer for sale, any stone crab, or parts thereof, of any

29  size between May 15 and October 15 of each year, except for

30  stone crabs, or parts thereof, placed in inventory prior to

31  May 15 of each year.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         (b)  "Stone crab" means the species Menippe mercenaria

 2  or any other species of the family Xanthidae as the Marine

 3  Fisheries Commission may define by rule.

 4         (2)  Upon the arrest and conviction for a major

 5  violation involving stone crabs, the licenseholder must show

 6  just cause why his or her license should not be suspended or

 7  revoked. For the purposes of this subsection, a "major

 8  violation" means a major violation as prescribed in s.

 9  370.021(2)(c) for illegal stone crabs; any single violation

10  involving possession of more than 25 stone crabs during the

11  closed season or possession of 25 or more whole-bodied or

12  egg-bearing stone crabs; any violation for trap molestation,

13  trap robbing, or pulling traps at night; or any combination of

14  violations in any 3-consecutive-year period wherein more than

15  75 illegal stone crabs in the aggregate are involved.

16         (3)  Any law, general or special, in conflict with

17  provisions of this section is hereby expressly repealed to the

18  extent of such conflict.

19         (4)(a)  It is unlawful for any person to willfully

20  molest any stone crab trap, line, or buoy that is the property

21  of any licenseholder, without the permission of that

22  licenseholder.

23         (b)  Any person who violates paragraph (a) is guilty of

24  a felony of the third degree, punishable as provided in s.

25  775.082 or s. 775.083.

26         (5)  Any gear, equipment, boat, vehicle, or item used

27  in the violation of this section is subject to confiscation.

28  In addition, the Department of Environmental Protection shall

29  revoke the permit of any permitholder convicted of a violation

30  of paragraph (1)(a) for a period of 1 year from the date of

31  the conviction, and he or she is prohibited during that period

                                  22

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  from catching or having in his or her possession any stone

 2  crab for the person's own use or to sell or offer to sell,

 3  whether or not he or she is accompanied by the holder of a

 4  valid permit and regardless of where taken.

 5         (6)(a)  Effective July 1, 1995, and until July 1, 2000

 6  1999, no stone crab trap numbers issued pursuant to rule

 7  46-13.002(2)(e) 46-3.002(2)(f), Florida Administrative Code,

 8  except those numbers that are active during the 1994-1995

 9  fiscal year, shall be renewed or replaced.

10         (b)  In 1995, persons holding a trap number that was

11  active in the 1994-1995 fiscal year, or an immediate family

12  member of that person, must request renewal of the number

13  prior to December 31, 1995.

14         (c)  In subsequent years and until July 1, 2000 1999, a

15  trap number holder, or members of his or her immediate family,

16  must request renewal of the number prior to September 30 of

17  each year.

18         (d)  If a person holding an active trap number, or a

19  member of that person's immediate family, does not request

20  renewal of the number before the applicable dates as specified

21  in this subsection, the department shall deactivate that trap

22  number.

23         (e)  In the event of the death or disability of a

24  person holding an active stone crab endorsement trap number,

25  the endorsement may be transferred by the person to a member

26  of his or her immediate family or trap number may be renewed

27  by any person so designated by the executor of the person's

28  estate.

29         (f)  Persons who hold saltwater products licenses with

30  stone crab endorsements issued to their boat registration

31  numbers and who subsequently replace their existing vessels

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  with new vessels shall be permitted to transfer the existing

 2  licenses to the new boat registration numbers.

 3         (7)  No person shall harvest stone crabs with more than

 4  five traps, harvest stone crabs in commercial quantities, or

 5  sell stone crabs unless such person holds a valid saltwater

 6  products license with a restricted species endorsement and a

 7  stone crab endorsement issued pursuant to this section.

 8         (8)(7)  Beginning October 1995, stone crabs shall be

 9  designated as a restricted species pursuant to s. 370.01(20).

10         Section 10.  Section 370.135, Florida Statutes, is

11  amended to read:

12         370.135  Blue crab; regulation.--

13         (1)  No person, firm, or corporation shall transport on

14  the water, fish with or cause to be fished with, set, or place

15  any trap designed for taking blue crabs unless such person,

16  firm, or corporation is the holder of a valid saltwater

17  products license issued pursuant to s. 370.06 and the trap has

18  a current state number permanently attached to the buoy. The

19  trap number shall be affixed in legible figures at least 1

20  inch high on each buoy used. The saltwater products license

21  must be on board the boat, and both the license and the crabs

22  shall be subject to inspection at all times.  Only one trap

23  number may be issued for each boat by the department upon

24  receipt of an application on forms prescribed by it.  This

25  subsection shall not apply to an individual fishing with no

26  more than five traps.  It is a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084, for any person willfully to molest any traps, lines,

29  or buoys, as defined herein, belonging to another without

30  permission of the licenseholder.

31         (2)  A buoy or a time release buoy shall be attached to

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  each trap or at each end of a weighted trot line and shall be

 2  of sufficient strength and buoyancy to float and of such

 3  color, hue, and brilliancy to be easily distinguished, seen,

 4  and located.  Such color and trap number shall also be

 5  permanently and conspicuously displayed on the boat used for

 6  setting and collecting said traps and buoys, in the manner

 7  prescribed by the Division of Law Enforcement, so as to be

 8  readily identifiable from the air and water. This subsection

 9  shall not apply to an individual fishing with no more than

10  five traps.

11         (3)  It is unlawful for any person to sell or offer for

12  sale any eggbearing blue crabs. Except when authorized by a

13  special activity license issued by the department pursuant to

14  s. 370.06 for the soft-shell crab or bait trade, it is

15  unlawful for any person to possess for sale blue crabs

16  measuring less than 5 inches from point to point across the

17  carapace in an amount greater than 10 percent of the total

18  number of blue crabs in that person's possession.  Traps may

19  be worked during daylight hours only, and the pulling of traps

20  from 1 hour after official sunset until 1 hour before official

21  sunrise is prohibited.

22         (4)  No person shall harvest blue crabs with more than

23  five traps, harvest blue crabs in commercial quantities, or

24  sell blue crabs unless such person holds a valid saltwater

25  products license with a restricted species endorsement and a

26  blue crab endorsement (trap number) issued pursuant to this

27  subsection.

28         (a)  Effective June 1, 1998, and until July 1, 2002, no

29  blue crab endorsement (trap number), except those endorsements

30  that are active during the 1997-1998 fiscal year, shall be

31  renewed or replaced.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         (b)  In 1998, persons holding an endorsement that was

 2  active in the 1997-1998 fiscal year, or an immediate family

 3  member of that person, must request approval of the

 4  endorsement prior to December 31, 1998.

 5         (c)  In subsequent years and until July 1, 2002, a trap

 6  number holder, or members of his or her immediate family, must

 7  request renewal of the endorsement prior to September 30 of

 8  each year.

 9         (d)  If a person holding an active blue crab

10  endorsement, or a member of that person's immediate family,

11  does not request renewal of the endorsement before the

12  applicable dates as specified in this subsection, the

13  department shall deactivate that endorsement.

14         (e)  In the event of the death or disability of a

15  person holding an active blue crab endorsement, the

16  endorsement may be transferred by the person to a member of

17  his or her immediate family or may be renewed by any person so

18  designated by the executor of the person's estate.

19         (f)  Persons who hold saltwater products licenses with

20  blue crab endorsements issued to their boat registration

21  numbers and who subsequently replace their existing vessels

22  with new vessels shall be permitted to transfer the existing

23  licenses to the new boat registration numbers.

24         (5)(4)  Upon the arrest and conviction for a major

25  violation involving blue crabs, the licenseholder shall show

26  just cause why his or her saltwater products license should

27  not be suspended or revoked.  This subsection shall not apply

28  to an individual fishing with no more than five traps.  For

29  the purposes of this subsection, a "major violation" means a

30  major violation as prescribed in s. 370.021(2)(c) for illegal

31  blue crabs, any single violation wherein 50 or more illegal

                                  26

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  blue crabs are involved, or any combination of violations in

 2  any 3-consecutive-year period wherein more than 100 illegal

 3  blue crabs in the aggregate are involved.

 4         Section 11.  Subsection (2) of section 370.021, Florida

 5  Statutes, is amended to read:

 6         370.021  Administration; rules, publications, records;

 7  penalty for violation of chapter; injunctions.--

 8         (2)  PENALTY FOR VIOLATION.--Unless otherwise provided

 9  by law, any person, firm, or corporation who is convicted for

10  violating any provision of this chapter, any rule of the

11  department adopted pursuant to this chapter, or any rule of

12  the Marine Fisheries Commission, shall be punished:

13         (a)  Upon a first conviction, by imprisonment for a

14  period of not more than 60 days or by a fine of not less than

15  $100 nor more than $500, or by both such fine and

16  imprisonment.

17         (b)  On a second or subsequent conviction within 12

18  months, by imprisonment for not more than 6 months or by a

19  fine of not less than $250 nor more than $1,000, or by both

20  such fine and imprisonment.

21         (c)  In addition to the penalties provided in

22  paragraphs (a) and (b), the court shall assess additional

23  penalties against any person, firm, or corporation convicted

24  of major violations as follows:

25         1.  For a violation involving more than 100 illegal

26  blue crabs, crawfish, or stone crabs, an additional penalty of

27  $10 for each illegal blue crab, crawfish, stone crab, or part

28  thereof.

29         2.  For a violation involving the taking or harvesting

30  of shrimp from a nursery or other prohibited area, an

31  additional penalty of $10 for each pound of illegal shrimp or

                                  27

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  part thereof.

 2         3.  For a violation involving the taking or harvesting

 3  of oysters from nonapproved areas or the taking or possession

 4  of unculled oysters, an additional penalty of $10 for each

 5  bushel of illegal oysters.

 6         4.  For a violation involving the taking or harvesting

 7  of clams from nonapproved areas, an additional penalty of $100

 8  for each 500 count bag of illegal clams.

 9         5.  For a violation involving the taking, harvesting,

10  or possession of any of the following species, which are

11  endangered, threatened, or of special concern:

12         a.  Shortnose sturgeon (Acipenser brevirostrum);

13         b.  Atlantic sturgeon (Acipenser oxyrhynchus);

14         c.  Common snook (Centropomus undecimalis);

15         d.  Atlantic loggerhead turtle (Caretta caretta

16  caretta);

17         e.  Atlantic green turtle (Chelonia mydas mydas);

18         f.  Leatherback turtle (Dermochelys coriacea);

19         g.  Atlantic hawksbill turtle (Eretmochelys imbricata

20  imbracata);

21         h.  Atlantic ridley turtle (Lepidochelys kempi); or

22         i.  West Indian manatee (Trichechus manatus

23  latirostris),

24

25  an additional penalty of $100 for each unit of marine life or

26  part thereof.

27         6.  For a second or subsequent conviction within 24

28  months for any violation of the same law or rule involving the

29  taking or harvesting of more than 100 pounds of any finfish,

30  an additional penalty of $5 for each pound of illegal finfish.

31         7.  For any violation involving the taking, harvesting,

                                  28

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  or possession of more than 1,000 pounds of any illegal

 2  finfish, an additional penalty equivalent to the wholesale

 3  value of the illegal finfish.

 4         8.a.  In addition to being subject to the other

 5  penalties provided in this chapter, any intentional violation

 6  of rule 46-4.007(1), Florida Administrative Code, shall be

 7  considered a major violation, and any person, firm, or

 8  corporation committing such violation shall be subject to the

 9  following additional penalties:

10         (I)  For a first violation within a 7-year period,

11  suspension of the saltwater products license for 90 days.

12         (II)  For a second major violation within a 7-year

13  period, a civil penalty of $5,000 and suspension of the

14  saltwater products license for 12 months.

15         (III)  For a third or subsequent major violation within

16  a 7-year period, a civil penalty of $5,000, lifetime

17  revocation of the saltwater products license, and forfeiture

18  of all gear and equipment used in the violation.

19         b.  During any period of license suspension or

20  revocation under this section, the licensee may not fish from

21  any vessel that is harvesting saltwater products.

22         c.  The Department of Environmental Protection may

23  bring a civil action to enforce the civil penalties prescribed

24  in this section.

25         9.  In addition to being subject to other penalties

26  provided in this chapter, any violation of s. 370.06 or s.

27  370.07, or rules of the department implementing those

28  sections, which involves buying saltwater products from an

29  unlicensed person, firm, or corporation by a commercial

30  wholesale dealer, retail dealer, or restaurant facility for

31  public consumption or selling saltwater products by an

                                  29

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  unlicensed person, firm, or corporation to a commercial

 2  wholesale dealer, retail dealer, or restaurant facility for

 3  public consumption is a major violation, and the department

 4  may assess the following penalties:

 5         a.  For a first violation, the department may assess a

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

 7  retail dealer's license privileges for up to 90 calendar days.

 8         b.  For a second violation occurring within 12 months

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

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

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

12  days.

13         c.  For a third or subsequent violation occurring

14  within a 24-month period, the department shall assess a civil

15  penalty of $5,000 and shall suspend the wholesale or retail

16  dealer's license privileges for up to 24 months.

17

18  However, upon demonstration of just cause by the

19  licenseholder, the department may waive or reduce the assessed

20  penalties. Any proceeds from the civil penalties assessed

21  pursuant to this subparagraph shall be deposited into the

22  Marine Resources Conservation Trust Fund.

23         10.  The licenseholder must show just cause why his or

24  her license or licenses should not be suspended, revoked, or

25  denied renewal upon conviction for any of the following major

26  violations:

27         a.  Any violation described elsewhere in paragraph

28  (2)(c) for the taking or harvesting or the attempted taking or

29  harvesting of finfish; any single violation involving the

30  possession of more than 100 pounds of illegal finfish, or any

31  combination of violations in any 3-consecutive-year period

                                  30

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  wherein more than 200 pounds of illegal finfish in the

 2  aggregate are involved.

 3         b.  Any violation described elsewhere in paragraph

 4  (2)(c) for the taking or harvesting or the attempted taking or

 5  harvesting of shrimp from a nursery or other prohibited area;

 6  or any two violations occurring within a 12 month period,

 7  involving gear, size count, or season.

 8         c.  Any violation described elsewhere in paragraph

 9  (2)(c) for the taking or harvesting or the attempted taking or

10  harvesting of marine life species; any violation involving use

11  of chemicals or gear not authorized by rule of the Marine

12  Fisheries Commission; any violation involving the taking or

13  harvesting or the attempted taking or harvesting of marine

14  life species from a closed area or during a closed season; any

15  violation involving the taking or harvesting or the attempted

16  taking or harvesting of marine life species prohibited by rule

17  of the Marine Fisheries Commission; any violation involving

18  the possession of 25 or more illegal specimens of marine life

19  in the aggregate; or any combination of violations in any

20  3-consecutive-year period in which more than 70 illegal

21  specimens of marine life species in the aggregate are

22  involved. For purposes of this sub-subparagraph, the term

23  "marine life species" has the meaning ascribed by rule of the

24  Marine Fisheries Commission.

25         d.  Any violation described elsewhere in paragraph

26  (2)(c) or in s. 370.14(6) involving the taking or harvesting

27  or the attempted taking or harvesting of crawfish.

28         e.  Any violation described elsewhere in paragraph

29  (2)(c) or in s. 370.13(2) involving the taking or harvesting

30  or the attempted taking or harvesting of stone crabs.

31         f.  Any violation described elsewhere in paragraph

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  (2)(c) or in s. 370.135(4) involving the taking or harvesting

 2  or the attempted taking or harvesting of blue crabs.

 3

 4  Notwithstanding the provisions of s. 948.01, no court may

 5  suspend, defer, or withhold adjudication of guilt or

 6  imposition of sentence for any major violation prescribed in

 7  this paragraph. For purposes of subparagraphs 9. and 10.,

 8  conviction includes any disposition other than acquittal or

 9  dismissal.

10         (d)  The proceeds from the penalties assessed pursuant

11  to paragraph (c) shall be deposited into the Marine Resources

12  Conservation Trust Fund to be used for marine fisheries

13  research.

14         (e)  Permits issued to any person, firm, or corporation

15  by the department to take or harvest saltwater products, or

16  any license issued pursuant to s. 370.06 or s. 370.07 may be

17  suspended or revoked by the department, pursuant to the

18  provisions and procedures of s. 120.60, for any major

19  violation prescribed in paragraph (c):

20         1.  Upon a second conviction for a violation which

21  occurs within 12 months after a prior violation, for up to 60

22  days.

23         2.  Upon a third conviction for a violation which

24  occurs within 24 months after a prior violation, for up to 180

25  days.

26         3.  Upon a fourth conviction for a violation which

27  occurs within 36 months after a prior violation, for a period

28  of 6 months to 3 years.

29         (f)1.  In cases involving the intentional or

30  unintentional killing of any species of tarpon, snook in

31  excess of five fish per person, sailfish, or bonefish during a

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1  fishing operation wherein the targeted species is legal to

 2  harvest, the method of fishing and type of gear used are

 3  legal, and the fish are killed as a direct result of such

 4  otherwise legal fishing operations, the department shall

 5  assess a civil penalty of $100 for each snook killed in excess

 6  of five fish per person, or tarpon, sailfish, or bonefish

 7  killed in excess of any bag limit. In collecting penalties,

 8  the department shall assess an equal share of the applicable

 9  penalty to each fisher actually involved in the fishing

10  operation.

11         2.  The civil penalty shall be paid in full to the

12  department within 30 calendar days of official notification.

13  The department may suspend the saltwater products license or

14  other saltwater fishing license of any person or boat not

15  paying the required civil penalty within the specified time

16  period. Persons contesting the assessment of any civil

17  penalties or any license suspension pursuant to this section

18  shall be entitled to a hearing pursuant to the provisions of

19  chapter 120.

20         3.  All moneys collected by the department pursuant to

21  this paragraph shall be deposited into the Marine Resources

22  Conservation Trust Fund.

23         (g)  Upon final disposition of any alleged violation of

24  s. 16 of Art. X of the State Constitution, this chapter, or

25  rules of the department or the Marine Fisheries Commission

26  implementing s. 16 of Art. X of the State Constitution or this

27  chapter, the clerk of the court shall, within 10 days, certify

28  the disposition to the department.

29         Section 12.  Subsection (6) of section 370.07, Florida

30  Statutes, is amended, and subsection (8) is added to that

31  section to read:

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         370.07  Wholesale and retail saltwater products

 2  dealers; regulation.--

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

 4         (a)  Wholesale dealers shall be required by the

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

 6  addresses of persons from whom or to whom saltwater products

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

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

 9  transaction. Retail dealers shall be required to make and

10  preserve a record from whom all saltwater products are

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

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

13  saltwater products shall be made monthly or as often as

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

15  All reports required under this subsection are confidential

16  and shall be exempt from the provisions of s. 119.07(1) except

17  that, pursuant to authority related to interstate fishery

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

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

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

21  a Memorandum of Agreement or a similar instrument agreeing to

22  preserve confidentiality as established by Florida law. Any

23  breach of the confidentiality provisions of any such

24  instrument will result in the immediate termination of the

25  subject agreement by the State of Florida.

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

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

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

29  for failure or refusal to permit the examination of required

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

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





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

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

 3  violated any provision of this paragraph or any provisions of

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

 5  following additional penalties:

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

 7  $1,000;

 8         2.  For a second violation committed within 24 months

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

10  and

11         3.  For a third or subsequent violation committed

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

13  penalty of up to $5,000.

14

15  The proceeds of all civil penalties collected pursuant to this

16  subsection shall be deposited into the Marine Resources

17  Conservation Trust Fund and shall be used for administration,

18  auditing, and law enforcement purposes penalties pursuant to

19  s. 370.021.

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

21  unlawful for any licensed retail dealer or any restaurant

22  licensed by the Division of Hotels and Restaurants of the

23  Department of Business and Professional Regulation to buy

24  saltwater products from any person other than a licensed

25  wholesale or retail dealer.

26         Section 13.  Subsection (7) of section 370.08, Florida

27  Statutes, is repealed.

28         Section 14.  Subsection (3) of section 370.0821,

29  Florida Statutes, is repealed.

30         Section 15.  Subsections (2) and (3) of section 370.11,

31  Florida Statutes, are repealed.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         Section 16.  Section 370.1125, Florida Statutes, is

 2  repealed.

 3         Section 17.  Section 370.114, Florida Statutes, is

 4  repealed.

 5         Section 18.  Subsections (2) and (3) of section

 6  370.135, Florida Statutes, are repealed.

 7         Section 19.  Subsections (2) and (3) of section 370.15,

 8  Florida Statutes, are repealed.

 9         Section 20.  Subsection (2) of section 370.151, Florida

10  Statutes, is repealed.

11         Section 21.  Paragraphs (c), (d), and (e) of subsection

12  (4) and paragraphs (b) and (d) of subsection (5) of section

13  370.153, Florida Statutes, are repealed.

14         Section 22.  Section 370.156, Florida Statutes, is

15  repealed.

16         Section 23.  Section 370.157, Florida Statutes, is

17  repealed.

18         Section 24.  Section 370.1127, Florida Statutes, is

19  repealed.

20         Section 25.  This act shall take effect upon becoming a

21  law.

22

23

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

25  And the title is amended as follows:

26         On page 1, lines 2, through page 3, lines 26,

27  remove from the title of the bill:  all of said lines

28

29  and insert in lieu thereof:

30         An act relating to marine resources; amending

31         s. 253.72, F.S.; providing restrictions for

                                  36

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         certain areas for harvesting shellfish;

 2         amending s. 370.01, F.S.; adding blackdrum and

 3         jack crevalle to the list of fish considered

 4         food fish; amending s. 370.06, F.S.; providing

 5         an exemption for totally disabled residents for

 6         a restricted species endorsement; providing

 7         qualifications for the issuance of a marine

 8         life endorsement on a saltwater products

 9         license; providing for a moratorium on the

10         issuance of endorsements; providing for the

11         transfer and reissuance of endorsements;

12         providing for a report; amending s. 370.0608,

13         F.S.; revising the distribution of funds

14         collected from the sale of recreational

15         saltwater fishing licenses; amending s.

16         370.092, F.S.; providing specific rulemaking

17         authority for the regulation of nets on boats

18         of a specific length; directing the Marine

19         Fisheries Commission to adopt rules prohibiting

20         the possession and sale of mullet taken in

21         illegal gill or entangling nets; providing a

22         penalty for violations; amending s. 370.093,

23         F.S.; authorizing the Marine Fisheries

24         Commission to adopt rules implementing s.

25         370.093, F.S.; amending s. 370.142, F.S.;

26         providing for a surcharge to be assessed upon

27         the initial transfer of a transferable crawfish

28         trap certificate outside the original

29         transferor's immediate family; prohibiting the

30         lease of lobster trap certificates after July

31         1, 1998; providing additional penalties for

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         violations relating to traps; providing for the

 2         continuation of the Marine Fisheries Commission

 3         notwithstanding its scheduled abolition;

 4         amending s. 370.13, F.S.; restricting the

 5         issuance of stone crab trap numbers until July

 6         1, 2000; providing for renewal under certain

 7         circumstances; amending s. 370.135, F.S.;

 8         restricting the issuance of new blue crab

 9         endorsements for a certain period of time;

10         providing for renewal or replacement under

11         certain circumstances; amending s. 370.021,

12         F.S.; providing additional penalties for

13         violations involving buying saltwater products

14         from an unlicensed seller or the sale of

15         saltwater products by an unlicensed seller;

16         authorizing the suspension, revocation, or

17         denial of renewal of licenses for specified

18         major violations involving finfish, shrimp,

19         marine life species, crawfish, stone crabs, and

20         blue crabs; requiring clerks of courts to

21         certify the final disposition of specified

22         court proceedings to the Department of

23         Environmental Protection; amending s. 370.07,

24         F.S.; authorizing the sharing of wholesale

25         saltwater products dealer reports with other

26         states under specified conditions; providing

27         civil penalties for violation of recordkeeping

28         and reporting requirements; prohibiting a

29         licensed retail dealer or a licensed restaurant

30         from buying saltwater products from any person

31         other than a licensed wholesale or retail

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3779

    Amendment No. 1 (for drafter's use only)





 1         dealer; repealing s. 370.08(7), F.S., relating

 2         to the use of gear and other equipment;

 3         repealing s. 370.0821(3), F.S., relating to the

 4         use of nets in St. Johns County; repealing s.

 5         370.11(2) and (3), F.S., relating to the length

 6         of saltwater fish and the use of nets to

 7         harvest shad; repealing s. 370.1125, F.S.,

 8         relating to the harvest of permits; repealing

 9         s. 370.114, F.S., relating to the taking of

10         corals and sea fans; repealing s. 370.135(2)

11         and (3), F.S., relating to the harvest and sale

12         of blue crabs; repealing s. 370.15(2) and (3),

13         F.S., relating to the harvest of shrimp;

14         repealing s. 370.151(2), F.S., relating to the

15         Tortugas shrimp beds; repealing s.

16         370.153(4)(c), (d), and (e) and (5)(b) and (d),

17         F.S., relating to the harvest of shrimp in

18         Clay, Duval, Nassau, Putnam, Flagler, and St.

19         Johns Counties; repealing s. 370.156, F.S.,

20         relating to the Florida East Coast Shrimp Bed;

21         repealing s. 370.157, F.S., relating to the

22         harvest of shrimp in the Cedar Key closed area;

23         repealing s. 370.1127, F.S., relating to mullet

24         regulation west of the Ochlockonee River;

25         providing an effective date.

26

27

28

29

30

31

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