House Bill 3855

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    Florida House of Representatives - 1998                HB 3855

        By Representative Futch






  1                      A bill to be entitled

  2         An act relating to Brevard County; amending ch.

  3         94-419, Laws of Florida, as amended; providing

  4         certain restrictions and requirements on

  5         licensure on the harvesting of clams; providing

  6         penalties; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Chapter 94-419, Laws of Florida, as amended

11  by section 1 of chapter 96-463, Laws of Florida, is amended to

12  read:

13         Section 1.  A person, firm, or corporation may not

14  harvest clams of the genus Mercenaria from the saltwaters of

15  Brevard County without a valid clam license issued by the

16  Department of Environmental Protection and a valid saltwater

17  products license bearing an RS endorsement.

18         Section 2.  (1)  The Department of Environmental

19  Protection shall issue a resident or nonresident clam license

20  during a 61-day period beginning June 1 of each year, except

21  that in 1994 the 61-day period shall begin on the effective

22  date of this act.  The term of the license begins on July 1 of

23  the purchase year and ends on June 30 of the third succeeding

24  year.  The fee for a resident license is $300, and the fee for

25  a nonresident license is $1,200. The license is valid only for

26  the individual licensee to whom it is issued. The nonresident

27  license must be readily distinguishable from the resident

28  license.

29         (2)  Only persons who are bona fide permanent residents

30  of this state and firms and corporations that are organized

31  under the laws of this state are eligible for the resident

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    Florida House of Representatives - 1998                HB 3855

    531-151B-98






  1  license.  A person, firm, or corporation that has had its

  2  license to harvest shellfish in this state or any other state

  3  suspended or revoked is ineligible for either a resident or

  4  nonresident clam license for the duration of that suspension

  5  or revocation.  Proof of eligibility must be by means of an

  6  affidavit sworn to by the applicant and additional

  7  documentation that shows, to the satisfaction of the

  8  Department of Environmental Protection, that the applicant is

  9  a natural person permanently residing in this state or is a

10  firm or corporation organized under the laws of this state.

11         (3)  A license may be purchased after the annual 61-day

12  license issuance period upon the payment of an additional

13  $1,200 late fee to the department.

14         (4)  Beginning June 1, 1996, no new clam licenses shall

15  be issued by the Department of Environmental Protection until

16  the total number of active and renewed clam licenses for

17  Brevard County falls below 500 for the previous license year.

18  In any year thereafter, the department may issue such

19  additional new licenses to bring the total number of licenses

20  issued for Brevard County up to a maximum of 500.

21         (5)  Any clam licenses not renewed within 6 months

22  after their expiration date are not eligible for renewal until

23  additional new licenses also become available.

24         (6)  Beginning with the 1996-1997 license year, the

25  Department of Environmental Protection shall hold, on a

26  semiannual basis, a required educational seminar of up to 4 8

27  hours, but not less than 2 4 hours, regarding harvesting,

28  health standards, and any other issues appropriate to the

29  health of the clam resources and the clamming industry.  Proof

30  of attendance at one such seminar per year is required before

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    Florida House of Representatives - 1998                HB 3855

    531-151B-98






  1  any clam license may be renewed for the 1997-1998 license year

  2  or subsequent license years.

  3         Section 3.  Each person, firm, or corporation that

  4  holds a resident or nonresident clam license must produce such

  5  license, along with a valid saltwater products license bearing

  6  an RS endorsement, upon demand of any law enforcement officer,

  7  within a reasonable period of time after the demand is made.

  8         Section 4.  (1)  The license required by this act may

  9  be issued in the form of an endorsement on the licensee's

10  saltwater products license card. Each person, firm, or

11  corporation that obtains a license under this act must

12  prominently display the license number upon any vessel used,

13  in numbers that are at least 8 inches in height and 1 inch in

14  width and in such manner that the permit number is readily

15  identifiable from both the air and the water. Only one vessel

16  displaying a given number may be used at any time.

17         (2)  Any vessel used for harvesting clams in Brevard

18  County shall have on board a portable or U.S. Coast

19  Guard-approved marine sanitation device having a holding tank

20  and any thru valve shut and fixed in a closed position.

21         (3)  All license holders harvesting clams by swimming

22  at or below the surface of the water and using an underwater

23  breathing apparatus must be certified divers.  A person

24  harvesting clams in such a manner may not use more than 150

25  feet of air hose and must have a diver down flag floating as

26  close by as practical.

27         Section 5.  The proceeds from the collection of license

28  fees or civil penalties under this act, including any late

29  fees, are to be deposited in the Marine Biological Research

30  Trust Fund of the Department of Environmental Protection and,

31  less reasonable administrative and educational costs, must be

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    Florida House of Representatives - 1998                HB 3855

    531-151B-98






  1  appropriated for the testing and reclassification of

  2  shellfish-harvesting waters in Brevard County. A portion of

  3  the proceeds, not less than 40 percent, must be used to mark

  4  those open and closed waters of Brevard County until all such

  5  waters are so marked. An additional portion of the proceeds,

  6  not to exceed $200,000, may be used as matching funds for the

  7  construction of boat-launching facilities in various areas of

  8  benefit to and in coordination with the Brevard County

  9  clamming industry.  The amount of these matching funds may not

10  exceed 25 percent of the total projected costs of the

11  launching facilities.

12         Section 6.  (1)  A person, firm, or corporation may not

13  ship, transport, or otherwise carry by public or private

14  carrier, vehicle, or vessel, within the limits of Brevard

15  County, whether over the land, on water, or in the air, clams

16  in numbers greater than those allowed by rules of the Marine

17  Fisheries Commission.

18         (2)  Subsection (1) does not prohibit a certified

19  wholesale or retail dealer, or any person who is employed by

20  such wholesale or retail dealer or is serving such wholesale

21  or retail dealer, from transporting clams, taken lawfully and

22  in lawful amounts, directly to a licensed, certified wholesale

23  or retail dealer or shucking house.  This act does not

24  prohibit the removal and transportation of clams lawfully

25  taken from an authorized clam lease by the leaseholder or his

26  authorized agent.

27         Section 7.  Except for section 11, this act does not

28  apply to a natural person possessing or harvesting clams in

29  noncommercial quantities during open season designated by law

30  or regulation.

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    Florida House of Representatives - 1998                HB 3855

    531-151B-98






  1         Section 8.  This act shall not apply to any aquaculture

  2  operations licensed pursuant to chapter 370, Florida Statutes.

  3         Section 9.  Any person, firm, or corporation that

  4  violates any of the provisions of this act is guilty of a

  5  misdemeanor of the second degree, punishable as provided in

  6  section 775.082 or section 775.083, Florida Statutes.

  7         Section 10.  (1)  In addition to being subject to the

  8  other penalties provided in this act, a person, firm, or

  9  corporation that commits a major violation is subject to the

10  following civil penalties:

11         (a)  For a first major violation within a 7-year

12  period, a civil penalty equal to the wholesale value of the

13  illegal clams and suspension of the clam license for 90 days.

14         (b)  For a second major violation within a 7-year

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

16  license for 12 months.

17         (c)  For a third or subsequent major violation within a

18  7-year period, a civil penalty of $5,000, lifetime revocation

19  of the clam license, and forfeiture of all gear and equipment

20  used in the violation.

21         (2)  During any period of license suspension or

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

23  any vessel that is harvesting clams.

24         (3)  The Department of Environmental Protection may

25  bring a civil action to enforce the civil penalties prescribed

26  in this section.

27         (4)  As used in this section, the term "major

28  violation" includes:

29         (a)  The possession of more than one bushel of

30  undersized clams;

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    Florida House of Representatives - 1998                HB 3855

    531-151B-98






  1         (b)  The harvesting of clams more than  1/4  mile

  2  inside the boundaries of any closed area and at least 24 hours

  3  after that area has been closed; or

  4         (c)  The sale of clams harvested from any waters or

  5  leases that have not been tested and are not open at the time

  6  of the harvest.

  7         Section 11.  It is unlawful for any person to harvest

  8  clams in Brevard County, whether such harvesting is for

  9  private use, commercial sale, or relaying, from any submerged

10  land that is within 75 feet of a shoreline of the Indian River

11  or the Banana River which abuts property that is used for

12  residential purposes or within 75 feet of any canal bank.

13         Section 12 11.  This act shall take effect upon

14  becoming a law, and shall expire July 1, 2001, except that the

15  amendments to sections 1 and 4(3) of chapter 94-419, Laws of

16  Florida, shall take effect July 1, 1996.

17         Section 2.  This act shall take effect July 1, 1998.

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