House Bill 4213

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







    Florida House of Representatives - 1998                HB 4213

        By the Committee on General Government Appropriations and
    Representative K. Pruitt





  1                      A bill to be entitled

  2         An act relating to implementing the 1998-1999

  3         General Appropriations Act in the area of

  4         general government; providing legislative

  5         intent; amending s. 376.11, F.S.; appropriating

  6         certain funds from the Florida Coastal

  7         Protection Trust Fund for the purpose of

  8         funding beach renourishment and restoration and

  9         inlet management; amending s. 212.20, F.S.;

10         providing for use of moneys allocated to the

11         Solid Waste Management Trust Fund; providing

12         for transfer of powers and duties relating to

13         regulation of aquatic plant control from the

14         Department of Environmental Protection to the

15         Game and Fresh Water Fish Commission; providing

16         for continuation of certain rules; providing a

17         grandfather provision for persons permitted

18         prior to the transfer; amending s. 206.606,

19         F.S.; providing for transfer of certain funds

20         each fiscal year to the Game and Fresh Water

21         Fish Commission for aquatic plant management;

22         amending ss. 369.20, 369.22, 369.25, 369.251,

23         and 369.252, F.S., relating to regulation of

24         aquatic plant control, to conform; amending s.

25         581.145, F.S.; revising a reference, to

26         conform; amending s. 370.027, F.S.; providing

27         an exception to rulemaking authority of the

28         Marine Fisheries Commission with respect to

29         specified marine life; providing that marine

30         aquaculture producers shall be regulated by the

31         Department of Agriculture and Consumer

                                  1

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         Services; amending s. 370.06, F.S.; revising

  2         provisions relating to issuance and renewal of

  3         saltwater products licenses and special

  4         activity licenses; amending s. 370.26, F.S.,

  5         relating to aquaculture definitions; defining

  6         the term "marine aquaculture facility";

  7         deleting requirements of an Aquaculture Section

  8         in the Department of Environmental Protection;

  9         providing duties of the Department of

10         Agriculture and Consumer Services; authorizing

11         delegation of regulatory authority for certain

12         aquaculture facilities; amending s. 372.0225,

13         F.S.; revising responsibilities of the Division

14         of Fisheries of the Game and Fresh Water Fish

15         Commission relating to freshwater organisms;

16         amending s. 372.65, F.S.; authorizing exemption

17         for freshwater fish dealer's license; amending

18         s. 372.6672, F.S.; defining the term "wild

19         alligator" for purposes of management and

20         trapping; amending s. 403.0885, F.S.; providing

21         exemptions from the state National Pollutant

22         Discharge Elimination System program; amending

23         s. 597.002, F.S.; clarifying jurisdiction over

24         aquaculture activities; amending s. 597.003,

25         F.S.; expanding the powers and duties of the

26         Department of Agriculture and Consumer

27         Services; amending s. 597.004, F.S.; revising

28         provisions relating to aquaculture certificate

29         of registration; transferring the Marine

30         Fisheries Commission to the Game and Fresh

31         Water Fish Commission; providing for future

                                  2

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         repeal; providing for providing effect of veto

  2         of specific appropriation or proviso to which

  3         implementing language refers; providing

  4         applicability to other legislation; providing

  5         severability; providing an effective date.

  6

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

  8

  9         Section 1.  It is the intent of the Legislature that

10  the implementing and administering provisions of this act

11  apply to the fiscal year 1998-1999 General Appropriations Act

12  in the area of general government.

13         Section 2.  In order to implement Specific

14  Appropriation 1358 of the 1998-1999 General Appropriations

15  Act, subsection (7) of section 376.11, Florida Statutes, is

16  amended to read:

17         376.11  Florida Coastal Protection Trust Fund.--

18         (7)  Notwithstanding subsection (4), for the 1998-1999

19  1997-1998 fiscal year only, up to $17 $11.5 million may be

20  appropriated from the fund for the purpose of funding

21  statewide beach renourishment, restoration, and inlet

22  management plans. This subsection expires July 1, 1999 1998.

23         Section 3.  In order to implement Specific

24  Appropriation 1299 of the 1998-1999 General Appropriations

25  Act, subsection (7) of section 212.20, Florida Statutes, is

26  amended to read:

27         212.20  Funds collected, disposition; additional powers

28  of department; operational expense; refund of taxes

29  adjudicated unconstitutionally collected.--

30         (7)  For the 1998-1999 1997-1998 fiscal year only, the

31  use of funds allocated to the Solid Waste Management Trust

                                  3

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  Fund shall be as provided in the General Appropriations Act.

  2  There is transferred $10 $6 million for the surface water

  3  improvement and management program and $6 million for the

  4  aquatic weed control program from revenues provided by this

  5  section. This subsection expires July 1, 1999 1998.

  6         Section 4.  All powers, duties, and functions, rules,

  7  records, personnel, property, and unexpended balances of

  8  appropriations, allocations, or other funds of the Department

  9  of Environmental Protection relating to aquatic plant control

10  are transferred by a type two transfer, as defined in s.

11  20.06(2), Florida Statutes, from the Department of

12  Environmental Protection to the Game and Fresh Water Fish

13  Commission. The rules of the Department of Environmental

14  Protection that regulate aquatic plant control remain in

15  effect until the Game and Fresh Water Fish Commission has

16  adopted rules to supersede those of the Department of

17  Environmental Protection.

18         Section 5.  A person permitted by the Department of

19  Environmental Protection under any provision of part I of

20  chapter 369, Florida Statutes, relating to aquatic plant

21  control, as of the effective date of this act shall be deemed

22  to be permitted by the Game and Fresh Water Fish Commission

23  until the expiration of the term of the person's permit.

24         Section 6.  Subsection (1) of section 206.606, Florida

25  Statutes, is amended to read:

26         206.606  Distribution of certain proceeds.--

27         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

28  206.87(1)(e) shall be deposited in the Fuel Tax Collection

29  Trust Fund created by s. 206.875. Such moneys, exclusive of

30  the service charges imposed by s. 215.20, and exclusive of

31

                                  4

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  refunds granted pursuant to s. 206.41, shall be distributed

  2  monthly to the State Transportation Trust Fund, except that:

  3         (a)  $1.25 $7.55 million shall be transferred to the

  4  Department of Environmental Protection in each fiscal year.

  5  The transfers must be made in equal monthly amounts beginning

  6  on July 1 of each fiscal year.  $1.25 million of The amount

  7  transferred shall be deposited annually in the Marine

  8  Resources Conservation Trust Fund and must be used by the

  9  Department of Environmental Protection to fund special

10  projects to provide recreational channel marking, public

11  launching facilities, and other boating-related activities.

12  The Department of Environmental Protection shall annually

13  determine where unmet needs exist for boating-related

14  activities, and may fund such activities in counties where,

15  due to the number of vessel registrations, insufficient

16  financial resources are available to meet total water resource

17  needs.

18         (b)  $6.30 million shall be transferred to the Game and

19  Fresh Water Fish Commission each fiscal year. The transfers

20  must be made in equal monthly amounts beginning on July 1 of

21  each fiscal year. The amount transferred remaining proceeds of

22  the annual transfer shall be deposited in the Aquatic Plant

23  Control Trust Fund and must be used for aquatic plant

24  management, including nonchemical control of aquatic weeds,

25  research into nonchemical controls, and enforcement

26  activities.  Beginning in fiscal year 1998-1999 1993-1994, the

27  Game and Fresh Water Fish Commission department shall allocate

28  at least $1 million of such funds to the eradication of

29  melaleuca.

30         (c)(b)  $1.25 million shall be transferred to the State

31  Game Trust Fund in the Game and Fresh Water Fish Commission in

                                  5

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  each fiscal year.  The transfers must be made in equal monthly

  2  amounts beginning on July 1 of each fiscal year, and must be

  3  used for recreational boating activities of a type consistent

  4  with projects eligible for funding under the Florida Boating

  5  Improvement Program administered by the Department of

  6  Environmental Protection, and freshwater fisheries management

  7  and research.

  8         (d)(c)  $1.5 million per year shall be transferred to

  9  the Board of Regents and shall be spent solely for purposes of

10  s. 334.065.

11         Section 7.  Effective July 1, 1999, subsection (1) of

12  section 206.606, Florida Statutes, as amended by section 8 of

13  chapter 96-321, Laws of Florida, is amended to read:

14         206.606  Distribution of certain proceeds.--

15         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

16  206.87(1)(e) shall be deposited in the Fuel Tax Collection

17  Trust Fund.  Such moneys, after deducting the service charges

18  imposed by s. 215.20, the refunds granted pursuant to s.

19  206.41, and the administrative costs incurred by the

20  department in collecting, administering, enforcing, and

21  distributing the tax, which administrative costs may not

22  exceed 2 percent of collections, shall be distributed monthly

23  to the State Transportation Trust Fund, except that:

24         (a)  $1.25 $7.55 million shall be transferred to the

25  Department of Environmental Protection in each fiscal year.

26  The transfers must be made in equal monthly amounts beginning

27  on July 1 of each fiscal year.  $1.25 million of The amount

28  transferred shall be deposited annually in the Marine

29  Resources Conservation Trust Fund and must be used by the

30  Department of Environmental Protection to fund special

31  projects to provide recreational channel marking, public

                                  6

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  launching facilities, and other boating-related activities.

  2  The Department of Environmental Protection shall annually

  3  determine where unmet needs exist for boating-related

  4  activities, and may fund such activities in counties where,

  5  due to the number of vessel registrations, insufficient

  6  financial resources are available to meet total water resource

  7  needs.

  8         (b)  $6.30 million shall be transferred to the Game and

  9  Fresh Water Fish Commission each fiscal year. The transfers

10  must be made in equal monthly amounts beginning on July 1 of

11  each fiscal year.  The amount transferred remaining proceeds

12  of the annual transfer shall be deposited in the Aquatic Plant

13  Control Trust Fund and must be used for aquatic plant

14  management, including nonchemical control of aquatic weeds,

15  research into nonchemical controls, and enforcement

16  activities.  Beginning in fiscal year 1998-1999 1993-1994, the

17  Game and Fresh Water Fish Commission department shall allocate

18  at least $1 million of such funds to the eradication of

19  melaleuca.

20         (c)(b)  $1.25 million shall be transferred to the State

21  Game Trust Fund in the Game and Fresh Water Fish Commission in

22  each fiscal year.  The transfers must be made in equal monthly

23  amounts beginning on July 1 of each fiscal year, and must be

24  used for recreational boating activities of a type consistent

25  with projects eligible for funding under the Florida Boating

26  Improvement Program administered by the Department of

27  Environmental Protection, and freshwater fisheries management

28  and research.

29         (d)(c)  $1.5 million per year shall be transferred to

30  the Board of Regents and shall be spent solely for purposes of

31  s. 334.065.

                                  7

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         Section 8.  Section 369.20, Florida Statutes, is

  2  amended to read:

  3         369.20  Florida Aquatic Weed Control Act.--

  4         (1)  This section may be cited act shall be known as

  5  the "Florida Aquatic Weed Control Act."

  6         (2)  The Game and Fresh Water Fish Commission

  7  Department of Environmental Protection shall direct the

  8  control, eradication, and regulation of noxious aquatic weeds

  9  and direct the research and planning related to these

10  activities, as provided in this section, excluding the

11  authority to use fish as a biological control agent, so as to

12  protect human health, safety, and recreation and, to the

13  greatest degree practicable, prevent injury to plant and

14  animal life and property.

15         (3)  It shall be the duty of the commission department

16  to guide and coordinate the activities of all public bodies,

17  authorities, agencies, and special districts charged with the

18  control or eradication of aquatic weeds and plants.  It may

19  delegate all or part of such functions to the Game and Fresh

20  Water Fish Commission.

21         (4)  The commission department shall also promote,

22  develop, and support research activities directed toward the

23  more effective and efficient control of aquatic plants.  In

24  the furtherance of this purpose, the commission department is

25  authorized to:

26         (a)  Accept donations and grants of funds and services

27  from both public and private sources;

28         (b)  Contract or enter into agreements with public or

29  private agencies or corporations for research and development

30  of aquatic plant control methods or for the performance of

31  aquatic plant control activities;

                                  8

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         (c)  Construct, acquire, operate, and maintain

  2  facilities and equipment; and

  3         (d)  Enter upon, or authorize the entry upon, private

  4  property for purposes of making surveys and examinations and

  5  to engage in aquatic plant control activities; and such entry

  6  shall not be deemed a trespass.

  7         (5)  The commission Department of Environmental

  8  Protection may disburse funds to any special district or other

  9  local authority charged with the responsibility of controlling

10  or eradicating aquatic plants, upon:

11         (a)  Receipt of satisfactory proof that such district

12  or authority has sufficient funds on hand to match the state

13  funds herein referred to on an equal basis;

14         (b)  Approval by the commission department of the

15  control techniques to be used by the district or authority;

16  and

17         (c)  Review and approval of the program of the district

18  or authority by the commission department to be in conformance

19  with the state control plan.

20         (6)  The commission department shall adopt, amend, or

21  repeal all rules as necessary to carry out the duties,

22  obligations, and powers set forth in this section and perform

23  any other acts necessary for the proper administration,

24  enforcement, or interpretation of this section, including

25  creating general permits and exemptions and adopting rules and

26  forms governing reports.

27         (7)  No person or public agency shall control,

28  eradicate, remove, or otherwise alter any aquatic weeds or

29  plants in waters of the state unless a permit for such

30  activity has been issued by the commission department, or

31  unless the activity is in waters expressly exempted by

                                  9

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  department rule of the commission.  The commission department

  2  shall develop standards by rule which shall address, at a

  3  minimum, chemical, biological, and mechanical control

  4  activities; an evaluation of the benefits of such activities

  5  to the public; specific criteria recognizing the differences

  6  between natural and artificially created waters; and the

  7  different amount and quality of littoral vegetation on various

  8  waters. Applications for a permit to engage in aquatic plant

  9  control activities shall be made to the commission department.

10  In reviewing such applications, the commission department

11  shall consider the criteria set forth in subsection (2).

12         (8)  As an exemption to all permitting requirements in

13  this section and ss. 369.22 and 369.25, in all freshwater

14  bodies, except aquatic preserves designated under chapter 258

15  and Outstanding Florida Waters designated under chapter 403, a

16  riparian owner may physically or mechanically remove

17  herbaceous aquatic plants and semiwoody herbaceous plants,

18  such as shrub species and willow, within an area delimited by

19  up to 50 percent of the property owner's frontage or 50 feet,

20  whichever is less, and by a sufficient length waterward from,

21  and perpendicular to, the riparian owner's shoreline to create

22  a corridor to allow access for a boat or swimmer to reach open

23  water. All unvegetated areas shall be cumulatively considered

24  when determining the width of the exempt corridor.  Physical

25  or mechanical removal does not include the use of any

26  chemicals or any activity that requires a permit pursuant to

27  part IV of chapter 373.

28         (9)  A permit issued pursuant to this section for the

29  application of herbicides to waters in the state for the

30  control of aquatic plants, algae, or invasive exotic plants is

31

                                  10

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  exempt from the requirement to obtain a water pollution

  2  operation permit pursuant to s. 403.088.

  3         Section 9.  Section 369.22, Florida Statutes, is

  4  amended to read:

  5         369.22  Nonindigenous aquatic plant control.--

  6         (1)  This section may be cited shall be known as the

  7  "Florida Nonindigenous Aquatic Plant Control Act."

  8         (2)  For the purpose of this section, the following

  9  words and phrases shall have the following meanings:

10         (a)  "Commission Department" means the Game and Fresh

11  Water Fish Commission Department of Environmental Protection.

12         (b)  "Aquatic plant" is any plant growing in, or

13  closely associated with, the aquatic environment and includes

14  "floating," "emersed," "submersed," and "ditch bank" species.

15         (c)  "Nonindigenous aquatic plant" is any aquatic plant

16  that is nonnative to the State of Florida and has certain

17  characteristics, such as massive productivity, choking

18  density, or an obstructive nature, which render it

19  detrimental, obnoxious, or unwanted in a particular location.

20         (d)  A "maintenance program" is a method for the

21  control of nonindigenous aquatic plants in which control

22  techniques are utilized in a coordinated manner on a

23  continuous basis in order to maintain the plant population at

24  the lowest feasible level as determined by the commission

25  department.

26         (e)  An "eradication program" is a method for the

27  control of nonindigenous aquatic plants in which control

28  techniques are utilized in a coordinated manner in an attempt

29  to kill all the aquatic plants on a permanent basis in a given

30  geographical area.

31

                                  11

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         (f)  A "complaint spray program" is a method for the

  2  control of nonindigenous aquatic plants in which weeds are

  3  allowed to grow unhindered to a given level of undesirability,

  4  at which point eradication techniques are applied in an effort

  5  to restore the area in question to a relatively low level of

  6  infestation.

  7         (g)  "Waters" means rivers, streams, lakes, navigable

  8  waters and associated tributaries, canals, meandered lakes,

  9  enclosed water systems, and any other bodies of water.

10         (h)  "Intercounty waters" means any waters which lie in

11  more than one county or form any part of the boundary between

12  two or more counties, as determined by the commission

13  department.

14         (i)  "Intracounty waters" means any waters which lie

15  wholly within the boundaries of one county as determined by

16  the commission department.

17         (j)  "Districts" means the six water management

18  districts created by law and named, respectively, the

19  Northwest Florida Water Management District, the Suwannee

20  River Water Management District, the St. Johns River Water

21  Management District, the Southwest Florida Water Management

22  District, the Central and Southern Florida Flood Control

23  District, and the Ridge and Lower Gulf Coast Water Management

24  District; and on July 1, 1975, shall mean the five water

25  management districts created by chapter 73-190, Laws of

26  Florida, and named, respectively, the Northwest Florida Water

27  Management District, the Suwannee River Water Management

28  District, the St. Johns River Water Management District, the

29  Southwest Florida Water Management District, and the South

30  Florida Water Management District.

31

                                  12

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         (3)  The Legislature recognizes that the uncontrolled

  2  growth of nonindigenous aquatic plants in the waters of

  3  Florida poses a variety of environmental, health, safety, and

  4  economic problems. The Legislature acknowledges the

  5  responsibility of the state to cope with the uncontrolled and

  6  seemingly never-ending growth of nonindigenous aquatic plants

  7  in the waters throughout Florida. It is, therefore, the intent

  8  of the Legislature that the state policy for the control of

  9  nonindigenous aquatic plants in waters of state responsibility

10  be carried out under the general supervision and control of

11  the commission department, and that the state itself be

12  responsible for the control of such plants in all intercounty

13  waters; but that control of such plants in intracounty waters

14  be the designated responsibility of the appropriate unit of

15  local or county government, special district, authority, or

16  other public body. It is the intent of the Legislature that

17  the control of nonindigenous aquatic plants be carried out

18  primarily by means of maintenance programs, rather than

19  eradication or complaint spray programs, for the purpose of

20  achieving more effective control at a lower long-range cost.

21  It is also the intent of the Legislature that the commission

22  department guide, review, approve, and coordinate all

23  nonindigenous aquatic plant control programs within each of

24  the water management districts as defined in paragraph (2)(j).

25  It is the intent of the Legislature to account for the costs

26  of nonindigenous aquatic plant maintenance programs by

27  watershed for comparison management purposes.

28         (4)  The commission department shall supervise and

29  direct all maintenance programs for control of nonindigenous

30  aquatic plants, as provided in this section, excluding the

31  authority to use fish as a biological control agent, so as to

                                  13

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  protect human health, safety, and recreation and, to the

  2  greatest degree practicable, prevent injury to plant, fish,

  3  and animal life and to property.

  4         (5)  When state funds are involved, or when waters of

  5  state responsibility are involved, it is the duty of the

  6  commission department to guide, review, approve, and

  7  coordinate the activities of all public bodies, authorities,

  8  state agencies, units of local or county government,

  9  commissions, districts, and special districts engaged in

10  operations to maintain, control, or eradicate nonindigenous

11  aquatic plants, except for activities involving biological

12  control programs using fish as the control agent.  The

13  commission department may delegate all or part of such

14  functions to any appropriate state agency, special district,

15  unit of local or county government, commission, authority, or

16  other public body. However, special attention shall be given

17  to the keeping of accounting and cost data in order to prepare

18  the annual fiscal report required in subsection (7).

19         (6)  The commission department may disburse funds to

20  any district, special district, or other local authority for

21  the purpose of operating a maintenance program for controlling

22  nonindigenous aquatic plants and other noxious aquatic plants

23  in the waters of state responsibility upon:

24         (a)  Receipt of satisfactory proof that such district

25  or authority has sufficient funds on hand to match the state

26  funds herein referred to on an equal basis;

27         (b)  Approval by the commission department of the

28  maintenance control techniques to be used by the district or

29  authority; and

30

31

                                  14

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         (c)  Review and approval of the program of the district

  2  or authority by the commission department to be in conformance

  3  with the state maintenance control plan.

  4         (7)  The commission department shall submit an annual

  5  report on the status of the nonindigenous aquatic plant

  6  maintenance program to the President of the Senate, the

  7  Speaker of the House of Representatives, and the Governor and

  8  Cabinet by January 1 of the following year.  This report shall

  9  include a statement of the degree of maintenance control

10  achieved by individual nonindigenous aquatic plant species in

11  the intercounty waters of each of the water management

12  districts for the preceding county fiscal year, together with

13  an analysis of the costs of achieving this degree of control.

14  This cost accounting shall include the expenditures by all

15  governmental agencies in the waters of state responsibility.

16  If the level of maintenance control achieved falls short of

17  that which is deemed adequate by the commission department,

18  then the report shall include an estimate of the additional

19  funding that would have been required to achieve this level of

20  maintenance control.  All measures of maintenance program

21  achievement and the related cost shall be presented by water

22  management districts so that comparisons may be made among the

23  water management districts, as well as with the state as a

24  whole.

25         (8)  The commission department shall have the authority

26  to cooperate with the United States and to enter into such

27  cooperative agreements or commitments as the commission

28  department may determine necessary to carry out the

29  maintenance, control, or eradication of water hyacinths,

30  alligator weed, and other noxious aquatic plant growths from

31  the waters of the state and to enter into contracts with the

                                  15

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  United States obligating the state to indemnify and save

  2  harmless the United States from any and all claims and

  3  liability arising out of the initiation and prosecution of any

  4  project undertaken under this section. However, any claim or

  5  claims required to be paid under this section shall be paid

  6  from money appropriated to the nonindigenous aquatic plant

  7  control program.

  8         (9)  The department may delegate various nonindigenous

  9  aquatic plant control and maintenance functions to the Game

10  and Fresh Water Fish Commission. The commission shall, in

11  accepting commitments to engage in nonindigenous aquatic plant

12  control and maintenance activities, be subject to the rules of

13  the department, except that the commission shall regulate,

14  control, and coordinate the use of any fish for aquatic weed

15  control in fresh waters of the state.  In addition, the

16  commission shall render technical and other assistance to the

17  department in order to carry out most effectively the purposes

18  of s. 369.20.  However, nothing herein shall diminish or

19  impair the regulatory authority of the commission with respect

20  to the powers granted to it by s. 9, Art. IV of the State

21  Constitution.

22         (9)(10)  The commission department is directed to use

23  biological agents, excluding fish, for the control of

24  nonindigenous aquatic plants.

25         (10)(11)  The commission department shall adopt, amend,

26  or repeal all rules as necessary to carry out the duties,

27  obligations, and powers set forth in this section and perform

28  any other acts necessary for the proper administration,

29  enforcement, or interpretation of this section, including

30  adopting rules and forms governing reports.

31

                                  16

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         (11)(12)  No person or public agency shall control,

  2  eradicate, remove, or otherwise alter any nonindigenous

  3  aquatic plants in waters of the state unless a permit for such

  4  activity has been issued by the commission department, or

  5  unless the activity is in waters expressly exempted by

  6  department rule of the commission.  The commission department

  7  shall develop standards by rule which shall address, at a

  8  minimum, chemical, biological, and mechanical control

  9  activities; an evaluation of the benefits of such activities

10  to the public; specific criteria recognizing the differences

11  between natural and artificially created waters; and the

12  different amount and quality of littoral vegetation on various

13  waters. Applications for a permit to engage in aquatic plant

14  control activities shall be made to the commission department.

15  In reviewing such applications, the commission department

16  shall consider the criteria set forth in subsection (4).

17         Section 10.  Section 369.25, Florida Statutes, is

18  amended to read:

19         369.25  Aquatic plants; definitions; permits; powers of

20  commission department; penalties.--

21         (1)  As used in this section, the term:

22         (a)  "Aquatic plant" means any plant, including a

23  floating, emersed, submersed, or ditch bank species, growing

24  in, or closely associated with, an aquatic environment and

25  includes any part or seed of such plant.

26         (b)  "Commission Department" means the Game and Fresh

27  Water Fish Commission Department of Environmental Protection.

28         (c)  "Nonnursery cultivation" means the tending of

29  aquatic plant species for harvest in the natural environment.

30         (d)  "Noxious aquatic plant" means any part, including,

31  but not limited to, seeds or reproductive parts, of an aquatic

                                  17

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  plant which has the potential to hinder the growth of

  2  beneficial plants, interfere with irrigation or navigation, or

  3  adversely affect the public welfare or the natural resources

  4  of this state.

  5         (e)  "Person" includes a natural person, a public or

  6  private corporation, a governmental entity, or any other kind

  7  of entity.

  8         (2)  No person shall engage in any business involving

  9  the importation, transportation, nonnursery cultivation,

10  collection, sale, or possession of any aquatic plant species

11  without a permit issued by the commission department or the

12  Department of Agriculture and Consumer Services.  No person

13  shall import, transport, nonnursery cultivate, collect, sell,

14  or possess any noxious aquatic plant listed on the prohibited

15  aquatic plant list established by the commission department

16  without a permit issued by the commission department or the

17  Department of Agriculture and Consumer Services. No permit

18  shall be issued until the commission department determines

19  that the proposed activity poses no threat or danger to the

20  waters, wildlife, natural resources, or environment of the

21  state.

22         (3)  The commission department has the following

23  powers:

24         (a)  To make such rules governing the importation,

25  transportation, nonnursery cultivation, collection, and

26  possession of aquatic plants as may be necessary for the

27  eradication, control, or prevention of the dissemination of

28  noxious aquatic plants that are not inconsistent with rules of

29  the Department of Agriculture and Consumer Services.

30         (b)  To establish by rule lists of aquatic plant

31  species regulated under this section, including those exempted

                                  18

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  from such regulation, provided the Department of Agriculture

  2  and Consumer Services and the Game and Fresh Water Fish

  3  Commission approve such lists prior to the lists becoming

  4  effective.

  5         (c)  To evaluate an aquatic plant species through

  6  research or other means to determine whether such species

  7  poses a threat or danger to the waters, wildlife, natural

  8  resources, or environment of the state.

  9         (d)  To declare a quarantine against aquatic plants,

10  including the vats, pools, or other containers or bodies of

11  water in which such plants are growing, except in aquatic

12  plant nurseries, to prevent the dissemination of any noxious

13  aquatic plant.

14         (e)  To make rules governing the application for,

15  issuance of, suspension of, and revocation of permits under

16  this section.

17         (f)  To enter into cooperative agreements with any

18  person as necessary or desirable to carry out and enforce the

19  provisions of this section.

20         (g)  To purchase all necessary supplies, material, and

21  equipment and accept all grants and donations useful in the

22  implementation and enforcement of the provisions of this

23  section.

24         (h)  To enter upon and inspect any facility or place,

25  except aquatic plant nurseries regulated by the Department of

26  Agriculture and Consumer Services, where aquatic plants are

27  cultivated, held, packaged, shipped, stored, or sold, or any

28  vehicle of conveyance of aquatic plants, to ascertain whether

29  the provisions of this section and commission rules department

30  regulations are being complied with, and to seize and destroy,

31  without compensation, any aquatic plants imported,

                                  19

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  transported, cultivated, collected, or otherwise possessed in

  2  violation of this section or commission rules department

  3  regulations.

  4         (i)  To conduct a public information program,

  5  including, but not limited to, erection of road signs, in

  6  order to inform the public and interested parties of this

  7  section and its associated rules and of the dangers of noxious

  8  aquatic plant introductions.

  9         (4)  The commission department shall adopt rules which

10  limit the sanctions available for violations under this

11  section act to quarantine and confiscation:

12         (a)  If the prohibited activity apparently results from

13  natural dispersion; or

14         (b)  If a small amount of noxious aquatic plant

15  material incidentally adheres to a boat or boat trailer

16  operated by a person who is not involved in any phase of the

17  aquatic plant business and if that person is not knowingly

18  violating this section act.

19         (5)(a)  A Any person who violates any provision the

20  provisions of this section commits is guilty of a misdemeanor

21  of the second degree, punishable as provided in s. 775.082 or

22  s. 775.083.

23         (b)  All law enforcement officers of the state and its

24  agencies with power to make arrests for violations of state

25  law shall enforce the provisions of this section.

26         Section 11.  Section 369.251, Florida Statutes, is

27  amended to read:

28         369.251  Invasive nonnative plants; prohibitions;

29  study; removal; rules.--

30         (1)  A person may not sell, transport, collect,

31  cultivate, or possess any plant, including any part or seed,

                                  20

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  of the species Melaleuca quinquenervia, Schinus

  2  terebinthifolius, Casuarina equisetifolia, Casuarina glauca,

  3  or Mimosa pigra without a permit from the Game and Fresh Water

  4  Fish Commission department. Any person who violates this

  5  section commits a misdemeanor of the second degree, punishable

  6  by fine only, as provided in s. 775.083.

  7         (2)  The commission department shall study methods of

  8  control of plants of the species Melaleuca quinquenervia,

  9  Schinus terebinthifolius, Casuarina equisetifolia, Casuarina

10  glauca, and Mimosa pigra. The South Florida Water Management

11  District shall undertake programs to remove such plants from

12  conservation area I, conservation area II, and conservation

13  area III of the district.

14         (3)  The commission department shall adopt rules

15  necessary to implement this section. Possession or

16  transportation resulting from natural dispersion, mulching

17  operations, control and disposal, or use in herbaria or other

18  educational or research institutions, or for other reasons

19  determined by the commission department to be consistent with

20  this section and where there is neither the danger of, nor

21  intent to, further disperse any plant species prohibited by

22  this section, is not subject to the permit or penalty

23  provisions of this section.

24         Section 12.  Section 369.252, Florida Statutes, is

25  amended to read:

26         369.252  Invasive exotic plant control on public

27  lands.--The Game and Fresh Water Fish Commission department

28  shall establish a program to:

29         (1)  Achieve eradication or maintenance control of

30  invasive exotic plants on public lands when the scientific

31  data indicate that they are detrimental to the state's natural

                                  21

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  environment or when the Commissioner of Agriculture finds that

  2  such plants or specific populations thereof are a threat to

  3  the agricultural productivity of the state;

  4         (2)  Assist state and local government agencies in the

  5  development and implementation of coordinated management plans

  6  for the eradication or maintenance control of invasive exotic

  7  plant species on public lands;

  8         (3)  Contract, or enter into agreements, with entities

  9  in the State University System or other governmental or

10  private sector entities for research concerning control

11  agents; production and growth of biological control agents;

12  and development of workable methods for the eradication or

13  maintenance control of invasive exotic plants on public lands;

14  and

15         (4)  Use funds in the Aquatic Plant Control Trust Fund

16  as authorized by the Legislature for carrying out activities

17  under this section on public lands.

18         Section 13.  Subsection (2) of section 581.145, Florida

19  Statutes, is amended to read:

20         581.145  Aquatic plant nursery registration; special

21  permit requirements.--

22         (2)  It shall be unlawful for any nursery or nursery

23  stock dealer to import, transport, cultivate, collect, sell,

24  or possess any noxious aquatic plant listed on the prohibited

25  aquatic plant list established by the Game and Fresh Water

26  Fish Commission Department of Environmental Protection in s.

27  369.25(3)(b) without a special permit issued by the commission

28  department.

29         (a)  No special permit shall be issued until the

30  commission department determines that the proposed activity

31

                                  22

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  poses no threat or danger to the waters, wildlife, natural

  2  resources, agriculture, or environment of the state.

  3         (b)  The commission department may not issue a special

  4  permit with respect to a prohibited aquatic plant species if

  5  it the Department of Environmental Protection prohibits the

  6  importation, transportation, cultivation, collection, sale, or

  7  possession of the species.

  8         Section 14.  (1)  The transfer from the Department of

  9  Environmental Protection to the Game and Fresh Water Fish

10  Commission of regulatory authority over aquatic plant control,

11  and the conforming amendments to ss. 206.606, 369.20, 369.22,

12  369.25, 369.251, 369.252, and 581.145, Florida Statutes, by

13  this act are to implement Specific Appropriations 1501, 1501A,

14  1501B, 1501C, and 1501D of the 1998-1999 General

15  Appropriations Act.

16         (2)  The regulatory authority over aquatic plant

17  control transferred to the Game and Fresh Water Fish

18  Commission by this act shall expire June 30, 1999, and shall

19  revert to the Department of Environmental Protection in a like

20  type two transfer so that such authority is as it existed on

21  June 30, 1998; and rules of the commission in effect at the

22  time of such reversion shall remain in effect until superseded

23  by the department, and permits issued by the commission shall

24  be deemed to be permitted by the department until the

25  expiration of the term of the person's permit. In addition,

26  the amendments to ss. 206.606, 369.20, 369.22, 369.25,

27  369.251, 369.252, and 581.145, Florida Statutes, by this act

28  shall expire June 30, 1999, and the text of said sections

29  shall revert to that in existence on June 30, 1998, except

30  that any amendments to such text enacted other than by this

31  act shall be preserved and continue to operate to the extent

                                  23

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  that such amendments are not dependent upon the portions of

  2  said text which expire pursuant to the provisions of this act.

  3  The Statutory Revision Division of the Joint Legislative

  4  Management Committee, or its successor, shall include in an

  5  appropriate reviser's bill any amendments to said sections

  6  which are necessary to give effect to the legislative intent

  7  expressed in this section.

  8         Section 15.  Subsections (1), (2), and (4) of section

  9  370.027, Florida Statutes, are amended to read:

10         370.027  Rulemaking authority with respect to marine

11  life.--

12         (1)  Pursuant to the policy and standards in s.

13  370.025, the Marine Fisheries Commission is delegated full

14  rulemaking authority over marine life, with the exception of

15  marine species produced by an individual certified under s.

16  597.004 and endangered species, subject to final approval by

17  the Governor and Cabinet sitting as the Board of Trustees of

18  the Internal Improvement Trust Fund, in the areas of concern

19  herein specified. The commission is instructed to make

20  recommendations annually to the Governor and Cabinet regarding

21  the marine fisheries research priorities and funding of the

22  Department of Environmental Protection. All administrative and

23  enforcement responsibilities which are unaffected by the

24  specific provisions of this act continue to be the

25  responsibility of the Department of Environmental Protection.

26  The authority to regulate fishing gear in residential, manmade

27  saltwater canals is specifically not delegated to the

28  commission and is retained by the Legislature.

29         (2)  Exclusive rulemaking authority in the following

30  areas relating to marine life, with the exception of marine

31  species produced by individuals certified under s. 597.004 and

                                  24

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  endangered species, is vested in the commission; any

  2  conflicting authority of any division or bureau of the

  3  department or any other agency of state government is

  4  withdrawn as of the effective date of the rule proposed by the

  5  commission and approved by the Governor and Cabinet, and the

  6  inconsistent rule, or the inconsistent part thereof, is

  7  superseded to the extent of the inconsistency:

  8         (a)  Gear specifications;

  9         (b)  Prohibited gear;

10         (c)  Bag limits;

11         (d)  Size limits;

12         (e)  Species that may not be sold;

13         (f)  Protected species;

14         (g)  Closed areas, except for public health purposes;

15         (h)  Quality control, except for oysters, clams,

16  mussels, and crabs, unless such authority is delegated to the

17  Department of Agriculture and Consumer Services;

18         (i)  Seasons; and

19         (j)  Special considerations relating to eggbearing

20  females.

21         (4)  Marine aquaculture producers shall be regulated by

22  the Department of Agriculture and Consumer Services. Marine

23  aquaculture products produced by a marine aquaculture

24  producer, certified pursuant to s. 597.004, are exempt from

25  Marine Fisheries Commission resource management rules, with

26  the exception of such rules governing any fish or the genus

27  Centropomus (snook), the genus Sciaenops (red drum), or the

28  genus Cynoscion (spotted sea trout).  Marine Fisheries

29  Commission rules relating to the aquacultural production of

30  red drum and spotted sea trout must be developed and adopted

31  by the commission no later than 1 year from October 1, 1996.

                                  25

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         Section 16.  Paragraph (a) of subsection (2) and

  2  subsection (4) of section 370.06, Florida Statutes, are

  3  amended to read:

  4         370.06  Licenses.--

  5         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

  8  saltwater products, or which harvests saltwater products with

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

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

11  aquaculture certificate under s. 597.004 is not required to

12  purchase and possess a saltwater products license in order to

13  possess, transport, or sell marine aquaculture products.  Each

14  saltwater products license allows the holder to engage in any

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

16  license must be in the possession of the licenseholder or

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

18  time that harvesting activities for which a license is

19  required are being conducted. A restricted species endorsement

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

21  licensed wholesale dealer those species which the state, by

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

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

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

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

26  attributable to the sale of saltwater products pursuant to a

27  license issued under this paragraph or a similar license from

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

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

30  its income is attributable to the sale of saltwater products

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

                                  26

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






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

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

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

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

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

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

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

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

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

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

11  attributable to work, employment, entrepreneurship, pensions,

12  retirement benefits, and social security benefits. To renew an

13  existing restricted species endorsement, marine aquaculture

14  producers possessing a valid saltwater products license with a

15  restricted species endorsement may apply income from the sale

16  of marine aquaculture products.

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.

                                  27

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  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

                                  28

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  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

14  At least one saltwater products license bearing a restricted

15  species endorsement shall be aboard any vessel harvesting

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

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

18  vessel shall have a commercial vessel registration. This

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

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

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

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

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

24  shall be issued with each saltwater products license issued to

25  a valid boat registration number. The saltwater products

26  license decal shall be the same color as the vessel

27  registration decal issued each year pursuant to s.

28  327.11(5)(7) and shall indicate the period of time such

29  license is valid. The saltwater products license decal shall

30  be placed beside the vessel registration decal and, in the

31  case of an undocumented vessel, shall be placed so that the

                                  29

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  vessel registration decal lies between the vessel registration

  2  number and the saltwater products license decal. Any saltwater

  3  products license decal for a previous year shall be removed

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

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

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

  7  for a saltwater products license issued to a valid boat

  8  registration number. A nonresident shall pay an annual license

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

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

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

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

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

14  products license issued to a valid boat registration number.

15  Any person who sells saltwater products pursuant to this

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

17  saltwater products license must be presented to the licensed

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

19  imprint made thereof. The wholesale dealer shall keep records

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

21  of the Department of Environmental Protection not in conflict

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

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

24  unlawful for any licensed wholesale dealer to buy saltwater

25  products from any unlicensed person under the provisions of

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

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

28  licensed wholesale dealer to buy saltwater products designated

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

30  not possessing a restricted species endorsement on his or her

31  saltwater products license under the provisions of this

                                  30

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






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

  2  another licensed wholesale dealer. The Department of

  3  Environmental Protection shall be the licensing agency, may

  4  contract with private persons or entities to implement aspects

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

  6  fisheries information system in conjunction with the licensing

  7  program to gather fisheries data.

  8         (4)  SPECIAL ACTIVITY LICENSES.--

  9         (a)  Any person who seeks to use special gear or

10  equipment in harvesting saltwater species must purchase a

11  special activity license as specified by law to engage in such

12  activities. This subsection does not apply to gear or

13  equipment used by individuals certified under s. 597.004. The

14  department may issue special activity licenses, in accordance

15  with s. 370.071, to permit the cultivation of oysters, clams,

16  mussels, and crabs when such aquaculture activities relate to

17  quality control, sanitation, and public health regulations,

18  unless such authority is delegated to the Department of

19  Agriculture and Consumer Services.  The department may

20  prescribe by rule special terms, conditions, and restrictions

21  for any special activity license.

22         (b)  The department is authorized to issue special

23  activity licenses in accordance with this section and s.

24  370.31, to permit the importation, possession, and aquaculture

25  of anadromous sturgeon.  The special activity license shall

26  provide for specific best management practices to prevent the

27  release and escape of cultured anadromous sturgeon and to

28  protect indigenous populations of saltwater species from

29  sturgeon-borne disease.

30         Section 17.  Subsections (1), (2), (3), and (6) of

31  section 370.26, Florida Statutes, are amended to read:

                                  31

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         370.26  Aquaculture definitions; marine aquaculture

  2  products, and producers, and facilities.--

  3         (1)  As used in this section, the term:

  4         (a)  "Marine aquaculture facility" means a facility

  5  built and operated for the purpose of producing marine

  6  aquaculture products. Marine aquaculture facilities contain

  7  culture systems such as, but not limited to, ponds, tanks,

  8  raceways, cages, and bags used for commercial production,

  9  propagation, growout, or product enhancement of marine

10  aquaculture products. Marine aquaculture facilities

11  specifically do not include:

12         1.  Facilities that maintain marine aquatic organisms

13  exclusively for the purpose of shipping, distribution,

14  marketing, or wholesale and retail sales;

15         2.  Facilities that maintain marine aquatic organisms

16  for noncommercial, education, exhibition, or scientific

17  purposes;

18         3.  Facilities that do not require an aquaculture

19  certification pursuant to s. 597.004; or

20         4.  Facilities used by marine aquarium hobbyists.

21         (b)(a)  "Marine aquaculture producer" means a person

22  holding an aquaculture certificate pursuant to s. 597.004 to

23  produce marine aquaculture products for sale.

24         (c)(b)  "Marine aquaculture product" means any product

25  derived from marine aquatic organisms that are owned and

26  propagated and grown or produced under controlled conditions

27  by a person holding an aquaculture certificate pursuant to s.

28  597.004.  Such product does not include organisms harvested

29  from the wild for depuration, wet storage, or relayed for the

30  purpose of controlled purification.  Marine aquaculture

31  products are considered saltwater products for the purposes of

                                  32

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  this chapter, except the holder of an aquaculture certificate

  2  is not required to purchase and possess a saltwater products

  3  license in order to possess, transport, or sell marine

  4  aquaculture products pursuant to s. 370.06. The holder of an

  5  aquaculture certificate must purchase and possess a saltwater

  6  products license in order to possess, transport, or and sell

  7  saltwater products not specifically provided for in s.

  8  597.004.

  9         (2)  The Department of Environmental Protection shall

10  encourage the development of aquaculture and the production of

11  aquaculture products.

12         (3)  The department shall establish an Aquaculture

13  Section within the Bureau of Marine Resource Regulation and

14  Development within the Division of Marine Resources.

15         (a)  The department Aquaculture Section shall develop a

16  process consistent with this section that would consolidate

17  permits, general permits, special activity licenses, and other

18  regulatory requirements to streamline the permitting process

19  and result in effective regulation of aquaculture activities.

20  This process shall provide for a single application and

21  application fee for marine aquaculture activities which are

22  regulated by the department. Procedures to consolidate

23  permitting actions under this section do not constitute rules

24  within the meaning of s. 120.52.

25         (3)(b)  The Department of Agriculture and Consumer

26  Services Aquaculture Section shall act as a clearinghouse for

27  aquaculture applications submitted to the department, and act

28  as a liaison between the Division of Marine Resources, the

29  Division of State Lands, the Department of Environmental

30  Protection district offices, other divisions within the

31  Department of Environmental Protection, and the water

                                  33

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  management districts. The Department of Agriculture and

  2  Consumer Services shall be responsible for regulating marine

  3  aquaculture producers except as specifically provided herein.

  4         (6)  Until such time that aquaculture general permits

  5  under s. 403.088 can be expanded and developed, the department

  6  shall establish criteria to temporarily permit aquaculture

  7  activities that may be presumed not to result in adverse

  8  environmental impacts. The criteria developed pursuant to this

  9  subsection do not constitute rules within the meaning of s.

10  120.52. Permit application fees under this subsection shall be

11  no more than that established for a general permit. The

12  department may delegate to the water management districts the

13  regulatory authority for aquaculture facilities subject to the

14  temporary general permitting criteria of this subsection.

15  During the period prior to development of a general permit

16  under s. 403.088, the department shall establish a compliance

17  plan based on monitoring results that will assist in the

18  development of the general permit.

19         Section 18.  Subsection (1) of section 372.0225,

20  Florida Statutes, is amended to read:

21         372.0225  Freshwater organisms.--

22         (1)  The Division of Fisheries of the Game and Fresh

23  Water Fish Commission, in order to manage the promotion,

24  marketing, and quality control of all freshwater organisms

25  produced in Florida and utilized commercially so that such

26  organisms shall be used to produce the optimum sustained yield

27  consistent with the protection of the breeding stock, is

28  directed and charged with the responsibility of:

29         (a)  Providing for the regulation of the promotion,

30  marketing, and quality control of freshwater organisms

31  produced in Florida and utilized commercially.

                                  34

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         (b)  Regulating the processing of commercial freshwater

  2  organisms on the water or on the shore.

  3         (c)  Providing documentation standards and statistical

  4  record requirements with respect to commercial freshwater

  5  organism catches.

  6         (d)  Regulating aquacultural facilities.

  7         (d)(e)  Conducting scientific, economic, and other

  8  studies and research on all freshwater organisms produced in

  9  the state and used commercially.

10         Section 19.  Paragraph (g) of subsection (1) of section

11  372.65, Florida Statutes, is amended to read:

12         372.65  Freshwater fish dealer's license.--

13         (1)  No person shall engage in the business of taking

14  for sale or selling any frogs or freshwater fish, including

15  live bait, of any species or size, or importing any exotic or

16  nonindigenous fish, until such person has obtained a license

17  and paid the fee therefor as set forth herein.  The license

18  issued shall be in the possession of the person to whom issued

19  while such person is engaging in the business of taking for

20  sale or selling freshwater fish or frogs, is not transferable,

21  shall bear on its face in indelible ink the name of the person

22  to whom it is issued, and shall be affixed to a license

23  identification card issued by the commission.  Such license is

24  not valid unless it bears the name of the person to whom it is

25  issued and is so affixed. The failure of such person to

26  exhibit such license to the commission or any of its wildlife

27  officers when such person is found engaging in such business

28  is a violation of law.  The license fees and activities

29  permitted under particular licenses are as follows:

30         (g)  Any individual or business issued an aquaculture

31  certificate, pursuant to s. 597.004, shall be exempt from this

                                  35

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  section the aquaculture game fish license and the resident

  2  freshwater fish dealer's license. The commission is authorized

  3  to require that cultured game fish sold be tagged and to

  4  assess a fee of not more than 5 cents for each tag, which

  5  shall be furnished by the commission.

  6         Section 20.  Section 372.6672, Florida Statutes, is

  7  amended to read:

  8         372.6672  Wild alligator management and trapping

  9  program implementation; commission authority.--

10         (1)  For the purposes of this section, "wild alligator"

11  means any alligator not bred, raised, harvested, or used on a

12  farm.

13         (2)(1)  In any wild alligator management and trapping

14  program that the Game and Fresh Water Fish Commission shall

15  establish, the commission shall have the authority to adopt

16  all rules necessary for full and complete implementation of

17  such wild alligator management and trapping program, and, in

18  order to ensure its lawful, safe, and efficient operation in

19  accordance therewith, may:

20         (a)  Regulate the marketing and sale of wild

21  alligators, their hides, eggs, meat, and byproducts, including

22  the development and maintenance of a state-sanctioned sale.

23         (b)  Regulate the handling and processing of wild

24  alligators, their eggs, hides, meat, and byproducts, for the

25  lawful, safe, and sanitary handling and processing of same.

26         (c)  Regulate commercial alligator farming facilities

27  and operations for the captive propagation and rearing of

28  alligators and their eggs.

29         (c)(d)  Provide hide-grading services by two or more

30  individuals pursuant to state-sanctioned sales if rules are

31  first promulgated by the commission governing:

                                  36

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         1.  All grading-related services to be provided

  2  pursuant to this section;

  3         2.  Criteria for qualifications of persons to serve as

  4  hide-graders for grading services to be provided pursuant to

  5  this section; and

  6         3.  The certification process by which hide-graders

  7  providing services pursuant to this section will be certified.

  8         (d)(e)  Provide sales-related services by contract

  9  pursuant to state-sanctioned sales if rules governing such

10  services are first promulgated by the commission.

11         (3)(2)  All contractors of the commission for the

12  grading, marketing, and sale of alligators and their hides,

13  eggs, meat, and byproducts shall not engage in any act

14  constituting a conflict of interest under part III of chapter

15  112.

16         (4)(3)  The commission shall provide adequate notice of

17  state-sanctioned sales and may maintain a list of known hide

18  buyers and provide notice of state sales by mail.  Nothing

19  herein shall authorize the commission to engage in marketing

20  or promotion of the sale of alligator hides or products other

21  than by providing the public notice described herein.  The

22  commission is authorized to market alligator hides or products

23  obtained as a result of its law enforcement actions or its

24  nuisance alligator control programs.

25         (5)(4)  The powers and duties of the commission

26  hereunder shall not be construed so as to supersede the

27  regulatory authority or lawful responsibility of the

28  Department of Health and Rehabilitative Services, the

29  Department of Agriculture and Consumer Services, or any local

30  governmental entity regarding the processing or handling of

31  food products, but shall be deemed supplemental thereto.

                                  37

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         Section 21.  Subsection (5) is added to section

  2  403.0885, Florida Statutes, to read:

  3         403.0885  Establishment of federally approved state

  4  National Pollutant Discharge Elimination System (NPDES)

  5  Program.--

  6         (5)  Certified aquaculture operations under s. 597.004

  7  whose annual production and water discharge are less than the

  8  parameters established by the NPDES program are exempt from

  9  wastewater management regulations if the operations follow

10  available best management practices, including, but not

11  limited to, those listed in the Department of Agriculture and

12  Consumer Services' publication number M90G7, entitled "Best

13  Management Practices for Aquaculture Water Quality."

14         Section 22.  Section 597.002, Florida Statutes, is

15  amended to read:

16         597.002  Legislative declaration of public policy

17  respecting aquaculture.--The Legislature declares that

18  aquaculture is agriculture and, as such, the Department of

19  Agriculture and Consumer Services shall be the primary agency

20  responsible for regulating aquaculture, any other law to the

21  contrary notwithstanding. The only exceptions are those areas

22  required by federal law, rule, or cooperative agreement to be

23  regulated by another agency. The Legislature declares that, in

24  order to effectively support the growth of aquaculture in this

25  state, there is a need for a state aquaculture plan that will

26  provide for the coordination and prioritization of state

27  aquaculture efforts and the conservation and enhancement of

28  aquatic resources and will provide mechanisms for increasing

29  aquaculture production which may lead to the creation of new

30  industries, job opportunities, income for aquaculturists, and

31  other benefits to the state. The state aquaculture plan shall

                                  38

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  guide the research and development of the aquaculture

  2  industry. Funds designated by the Legislature for aquaculture

  3  research and development or for contracting for aquaculture

  4  research and development shall be used to address the projects

  5  and activities designated in the state aquaculture plan. Any

  6  entity receiving legislative funding for aquaculture research

  7  and development programs shall report annually to the

  8  department all activities related to aquaculture to facilitate

  9  coordination and compliance with the state aquaculture plan.

10         Section 23.  Paragraph (j) is added to subsection (1)

11  of section 597.003, Florida Statutes, to read:

12         597.003  Powers and duties of Department of Agriculture

13  and Consumer Services.--

14         (1)  The department is hereby designated as the lead

15  agency in encouraging the development of aquaculture in the

16  state and shall have and exercise the following functions,

17  powers, and duties with regard to aquaculture:

18         (j)  Issue or deny any license or permit authorized or

19  delegated to the department by the Legislature or through

20  memorandum of understanding with other state or federal

21  agencies that furthers the intent of the Legislature to place

22  the regulation of aquaculture in the department.

23         Section 24.  Section 597.004, Florida Statutes, is

24  amended to read:

25         597.004  Aquaculture certificate of registration.--

26         (1)  CERTIFICATION.--

27         (a)  Any person engaging in aquaculture must be

28  certified by the department.  The applicant for a certificate

29  of registration shall submit the following to the department:

30         1.  Applicant's name/title.

31         2.  Company name.

                                  39

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1         3.  Complete mailing address.

  2         4.  Legal property description of all aquaculture

  3  facilities.

  4         5.  Description of production facilities.

  5         6.  Aquaculture products to be produced.

  6         7.  Fifty dollar annual registration fee, effective

  7  July 1, 1997.

  8         (b)  Any aquatic plant producer permitted certified by

  9  the Game and Fresh Water Fish Commission department pursuant

10  to s. 369.25 shall also be issued an aquaculture certificate

11  of registration.

12         (c)  Any alligator producer with an alligator farming

13  license and permit to establish and operate an alligator farm

14  pursuant to the provisions and rules of chapter 372 shall be

15  issued an aquaculture certificate of registration.

16         (2)  FEES.--

17         (a)  Effective July 1, 1997, all fees collected

18  pursuant to this section shall be deposited into the General

19  Inspection Trust Fund in the Department of Agriculture and

20  Consumer Services.

21         (b)  For each aquaculture certificate of registration

22  issued pursuant to this section for freshwater fish operations

23  under chapter 372, $40 shall be deposited into the State Game

24  Trust Fund in the Game and Fresh Water Fish Commission from

25  the General Inspection Trust Fund in the Department of

26  Agriculture and Consumer Services.

27         (3)  IDENTIFICATION OF AQUACULTURE

28  PRODUCTS.--Aquaculture products shall be identified while

29  possessed, processed, transported, or sold as provided in this

30  subsection, except those subject to the requirements of

31

                                  40

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  chapter 372 and the rules of the Game and Fresh Water Fish

  2  Commission as they relate to alligators only.

  3         (a)  Aquaculture products shall be identified by an

  4  aquaculture certificate of registration number from harvest to

  5  point of sale.  Any person who possesses aquaculture products

  6  must show, by appropriate receipt, bill of sale, bill of

  7  lading, or other such manifest where the product originated.

  8         (b)  Marine aquaculture products shall be transported

  9  in containers that separate such product from wild stocks, and

10  shall be identified by tags or labels that are securely

11  attached and clearly displayed.

12         (c)  Each aquaculture registrant who sells food

13  products labeled as "aquaculture or farm raised" must have

14  such products containerized and clearly labeled in accordance

15  with s. 500.11.  Label information must include the name,

16  address, and aquaculture certification number.  This

17  requirement is designed to segregate the identity of wild and

18  aquaculture products.

19         (4)  SALE OF AQUACULTURE PRODUCTS.--

20         (a)  Aquaculture products, except shellfish, snook, and

21  endangered or threatened freshwater aquatic species identified

22  in chapter 372 and rules of the Game and Fresh Water Fish

23  Commission, may be sold without restriction so long as product

24  origin can be identified.

25         (b)  Aquaculture shellfish must be sold and handled in

26  accordance with shellfish handling regulations of the

27  Department of Environmental Protection established to protect

28  public health.

29         (5)  REGISTRATION AND RENEWALS.--

30         (a)  Not later than December 1, 1996, Each aquaculture

31  producer must apply for an aquaculture certificate of

                                  41

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  registration with the department and submit the appropriate

  2  fee. Upon department approval, the department shall issue the

  3  applicant an aquaculture certificate of registration only for

  4  a the period of 1 year covering December 1, 1996, through June

  5  30, 1997.  The department shall not require a registration fee

  6  only for the period covering December 1, 1996, through June

  7  30, 1997. However, Beginning July 1, 1997, and each year

  8  thereafter, each aquaculture certificate of registration must

  9  be renewed with fee, pursuant to this chapter, on July 1.

10         (b)  No later than October 1, 1996, The department

11  shall send notices of registration to all aquaculture

12  producers of record requiring them to register for an

13  aquaculture certificate. Thereafter, the department shall send

14  a Renewal notices shall be sent notice to the registrant 60

15  days preceding the termination date of the certificate of

16  registration.  Prior to the termination date, the registrant

17  must return a completed renewal form with fee, pursuant to

18  this chapter, to the department.

19         Section 25.  (1)  The amendments to ss. 370.027,

20  370.06, 370.26, 372.0225, 372.65, 372.6672, 403.0885, 597.002,

21  597.003, and 597.004, Florida Statutes, by this act are to

22  implement Specific Appropriations 1116 and 1118 of the

23  1998-1999 General Appropriations Act.

24         (2)  The amendments to ss. 370.027, 370.06, 370.26,

25  372.0225, 372.65, 372.6672, 403.0885, 597.002, 597.003, and

26  597.004, Florida Statutes, by this act shall expire June 30,

27  1999, and the text of said sections shall revert to that in

28  existence on June 30, 1998, except that any amendments to such

29  text enacted other than by this act shall be preserved and

30  continue to operate to the extent that such amendments are not

31  dependent upon the portions of said text which expire pursuant

                                  42

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  to the provisions of this act. The Statutory Revision Division

  2  of the Joint Legislative Management Committee, or its

  3  successor, shall include in an appropriate reviser's bill any

  4  amendments to said sections which are necessary to give effect

  5  to the legislative intent expressed in this section.

  6         Section 26.  In order to implement Specific

  7  Appropriations 1507D through 1507J of the General

  8  Appropriations Act, the Marine Fisheries Commission is

  9  transferred to the Game and Fresh Water Fish Commission by a

10  type two transfer, as defined in s. 20.06(2), Florida

11  Statutes. The Marine Fisheries Commission shall retain all of

12  its current statutory powers, duties, and functions; and its

13  administrative rules in effect immediately before the transfer

14  shall remain in effect unless specifically changed in a manner

15  provided by law. Subsequent to the transfer, future Marine

16  Fisheries Commission rules, including those in process, shall

17  be subject to the administrative procedures of chapter 120,

18  Florida Statutes. The transfer of the Marine Fisheries

19  Commission to the Game and Fresh Water Fish Commission by this

20  section shall expire July 1, 1999, and the status of the

21  Marine Fisheries Commission shall revert in a like type two

22  transfer to the status it held on June 30, 1998; and the rules

23  of the Marine Fisheries Commission in effect at the time of

24  such reversion shall remain in effect until superseded in a

25  manner provided by law.

26         Section 27.  A section of this act that implements a

27  specific appropriation or specifically identified proviso

28  language in the 1998-1999 General Appropriations Act is void

29  if the specific appropriation or specifically identified

30  proviso language is vetoed. A section of this act that

31  implements more than one specific appropriation or more than

                                  43

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1  one portion of specifically identified proviso language in the

  2  1998-1999 General Appropriations Act is void if all the

  3  specific appropriations or portions of specifically identified

  4  proviso language are vetoed.

  5         Section 28.  If any other act passed during the 1998

  6  Regular Session of the Legislature or any extension thereof

  7  contains a provision which is substantively the same as a

  8  provision in this act, but which removes or is otherwise not

  9  subject to the future repeal applied to such provision by this

10  act, the Legislature intends that the provision in the other

11  act shall take precedence and shall continue to operate,

12  notwithstanding the future repeal provided by this act.

13         Section 29.  If any provision of this act or the

14  application thereof to any person or circumstance is held

15  invalid, the invalidity shall not affect other provisions or

16  applications of the act which can be given effect without the

17  invalid provision or application, and to this end the

18  provisions of this act are declared severable.

19         Section 30.  This act shall take effect July 1, 1998;

20  or, in the event this act fails to become a law until after

21  that date, it shall operate retroactively thereto.

22

23

24

25

26

27

28

29

30

31

                                  44

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






    Florida House of Representatives - 1998                HB 4213

    610-114B-98






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      For the purpose of implementing the 1998-1999 General
  4    Appropriations Act in the area of general government,
      appropriates certain funds from the Florida Coastal
  5    Protection Trust Fund for the purpose of funding beach
      renourishment and restoration and inlet management,
  6    provides for use of moneys allocated to the Solid Waste
      Management Trust Fund, transfers regulation of aquatic
  7    plant control from the Department of Environmental
      Protection to the Game and Fresh Water Fish Commission,
  8    provides an exception to rulemaking authority of the
      Marine Fisheries Commission with respect to specified
  9    marine life, provides that marine aquaculture producers
      shall be regulated by the Department of Agriculture and
10    Consumer Services, revises provisions relating to
      issuance and renewal of saltwater products licenses and
11    special activity licenses, defines the term "marine
      aquaculture facility," deletes requirements of an
12    Aquaculture Section in the Department of Environmental
      Protection, provides additional duties of the Department
13    of Agriculture and Consumer Services relating to
      aquaculture, authorizes delegation of regulatory
14    authority for certain aquaculture facilities, revises
      responsibilities of the Division of Fisheries of the Game
15    and Fresh Water Fish Commission relating to freshwater
      organisms, authorizes exemption for freshwater fish
16    dealer's license, defines the term "wild alligator" for
      purposes of management and trapping, provides exemptions
17    from the state National Pollutant Discharge Elimination
      System program, clarifies jurisdiction over aquaculture
18    activities, expands the powers and duties of the
      Department of Agriculture and Consumer Services, revises
19    provisions relating to aquaculture certificate of
      registration, and transfers the Marine Fisheries
20    Commission to the Game and Fresh Water Fish Commission.

21

22

23

24

25

26

27

28

29

30

31

                                  45