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





                                                   HOUSE AMENDMENT

    hbd-02                           Bill No. CS/HB 3779, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Rules, Resolutions, & Ethics offered the

12  following:

13

14         Technical Amendment 

15         On page 3, line 30,

16  remove from the bill:  all of said line

17

18  and insert in lieu thereof:

19         Section 3.  Subsection (11) is added to section

20

21         On page 4, line 3,

22  remove from the bill:  (4)

23

24  and insert in lieu thereof:  (11)  PENALTIES.--

25

26         On page 4, line 11

27  remove from the bill:  1.

28

29  and insert in lieu thereof:  (a)

30

31         On page 4, line 15,

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    File original & 9 copies    04/27/98
    hbd0005                     08:31 am         03779-rre -911091




                                                   HOUSE AMENDMENT

    hbd-02                           Bill No. CS/HB 3779, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  remove from the bill:  2.

 2

 3  and insert in lieu thereof:  (b)

 4

 5         On page 4, line 20,

 6  remove from the bill:  3.

 7

 8  and insert in lieu thereof:  (c)

 9

10         On page 25, lines 24-27,

11  remove from the bill:  all of said lines

12

13  and insert in lieu thereof:

14         Section 13.  Paragraphs (a) and (c) of subsection (2)

15  of section 370.142, Florida Statutes, are amended to read:

16

17         On page 28, between lines 2 and 3,

18

19  insert:

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

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

22  percent of the total available certificates in any license

23  year.

24         3.  The department shall maintain records of all

25  certificates and their transfers and shall annually provide

26  each licenseholder with a statement of certificates held.

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

28  licenseholder shall not exceed the number of certificates held

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

30  and a statement of certificates held shall be issued

31  simultaneously.

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    File original & 9 copies    04/27/98
    hbd0005                     08:31 am         03779-rre -911091




                                                   HOUSE AMENDMENT

    hbd-02                           Bill No. CS/HB 3779, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1

 2         On page 28, line 3,

 3  remove from the bill:  5.

 4

 5  and insert in lieu thereof:  5.

 6

 7         On page 28, line 10,

 8

 9  insert:

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

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

12  waters without having affixed thereto the trap tag required by

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

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

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

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

17  Administrative Code.

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

19  lobster trap tags without having the necessary number of

20  certificates on record as required by this section.

21

22         On page 29, line 16,

23

24  insert:

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

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

27  certificate.

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

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

30  spiny lobster trap tag or certificate.

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

                                  3

    File original & 9 copies    04/27/98
    hbd0005                     08:31 am         03779-rre -911091




                                                   HOUSE AMENDMENT

    hbd-02                           Bill No. CS/HB 3779, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

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

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

 4  spiny lobster trap tag or certificate unless such action is

 5  duly authorized by the department as provided in this chapter

 6  or in the rules of the department.

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

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

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

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

11  during any period while such crawfish trap number is under

12  suspension or revocation, commits a felony of the third

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

14  s. 775.084.

15         b.  In addition to any penalty imposed pursuant to

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

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

18  the fair market value of the transferred certificates, as

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

20  provisions of sub-subparagraph 4.c.

21         6.  Any certificates for which the annual certificate

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

23  abandoned and shall revert to the department. During any

24  period of trap reduction, any certificates reverting to the

25  department shall become permanently unavailable and be

26  considered in that amount to be reduced during the next

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

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

29  provided by the department.

30         7.  The proceeds of all civil penalties collected

31  pursuant to subparagraph 3. and all fines collected pursuant

                                  4

    File original & 9 copies    04/27/98
    hbd0005                     08:31 am         03779-rre -911091




                                                   HOUSE AMENDMENT

    hbd-02                           Bill No. CS/HB 3779, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

 2  Resources Conservation Trust Fund.

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

 4  any period of suspension or revocation.

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    File original & 9 copies    04/27/98
    hbd0005                     08:31 am         03779-rre -911091