House Bill 4213e1
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
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.
HB 4213, First Engrossed
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; providing for providing effect
30 of veto of specific appropriation or proviso to
31 which implementing language refers; providing
2
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 applicability to other legislation; providing
2 severability; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. It is the intent of the Legislature that
7 the implementing and administering provisions of this act
8 apply to the fiscal year 1998-1999 General Appropriations Act
9 in the area of general government.
10 Section 2. In order to implement Specific
11 Appropriation 1358 of the 1998-1999 General Appropriations
12 Act, subsection (7) of section 376.11, Florida Statutes, is
13 amended to read:
14 376.11 Florida Coastal Protection Trust Fund.--
15 (7) Notwithstanding subsection (4), for the 1998-1999
16 1997-1998 fiscal year only, up to $17 $11.5 million may be
17 appropriated from the fund for the purpose of funding
18 statewide beach renourishment, restoration, and inlet
19 management plans. This subsection expires July 1, 1999 1998.
20 Section 3. In order to implement Specific
21 Appropriation 1299 of the 1998-1999 General Appropriations
22 Act, subsection (7) of section 212.20, Florida Statutes, is
23 amended to read:
24 212.20 Funds collected, disposition; additional powers
25 of department; operational expense; refund of taxes
26 adjudicated unconstitutionally collected.--
27 (7) For the 1998-1999 1997-1998 fiscal year only, the
28 use of funds allocated to the Solid Waste Management Trust
29 Fund shall be as provided in the General Appropriations Act.
30 There is transferred $10 $6 million for the surface water
31 improvement and management program and $6 million for the
3
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 aquatic weed control program from revenues provided by this
2 section. This subsection expires July 1, 1999 1998.
3 Section 4. All powers, duties, and functions, rules,
4 records, personnel, property, and unexpended balances of
5 appropriations, allocations, or other funds of the Department
6 of Environmental Protection relating to aquatic plant control
7 are transferred by a type two transfer, as defined in s.
8 20.06(2), Florida Statutes, from the Department of
9 Environmental Protection to the Game and Fresh Water Fish
10 Commission. The rules of the Department of Environmental
11 Protection that regulate aquatic plant control remain in
12 effect until the Game and Fresh Water Fish Commission has
13 adopted rules to supersede those of the Department of
14 Environmental Protection.
15 Section 5. A person permitted by the Department of
16 Environmental Protection under any provision of part I of
17 chapter 369, Florida Statutes, relating to aquatic plant
18 control, as of the effective date of this act shall be deemed
19 to be permitted by the Game and Fresh Water Fish Commission
20 until the expiration of the term of the person's permit.
21 Section 6. Subsection (1) of section 206.606, Florida
22 Statutes, is amended to read:
23 206.606 Distribution of certain proceeds.--
24 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
25 206.87(1)(e) shall be deposited in the Fuel Tax Collection
26 Trust Fund created by s. 206.875. Such moneys, exclusive of
27 the service charges imposed by s. 215.20, and exclusive of
28 refunds granted pursuant to s. 206.41, shall be distributed
29 monthly to the State Transportation Trust Fund, except that:
30 (a) $1.25 $7.55 million shall be transferred to the
31 Department of Environmental Protection in each fiscal year.
4
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 The transfers must be made in equal monthly amounts beginning
2 on July 1 of each fiscal year. $1.25 million of The amount
3 transferred shall be deposited annually in the Marine
4 Resources Conservation Trust Fund and must be used by the
5 Department of Environmental Protection to fund special
6 projects to provide recreational channel marking, public
7 launching facilities, and other boating-related activities.
8 The Department of Environmental Protection shall annually
9 determine where unmet needs exist for boating-related
10 activities, and may fund such activities in counties where,
11 due to the number of vessel registrations, insufficient
12 financial resources are available to meet total water resource
13 needs.
14 (b) $6.30 million shall be transferred to the Game and
15 Fresh Water Fish Commission each fiscal year. The transfers
16 must be made in equal monthly amounts beginning on July 1 of
17 each fiscal year. The amount transferred remaining proceeds of
18 the annual transfer shall be deposited in the Aquatic Plant
19 Control Trust Fund and must be used for aquatic plant
20 management, including nonchemical control of aquatic weeds,
21 research into nonchemical controls, and enforcement
22 activities. Beginning in fiscal year 1998-1999 1993-1994, the
23 Game and Fresh Water Fish Commission department shall allocate
24 at least $1 million of such funds to the eradication of
25 melaleuca.
26 (c)(b) $1.25 million shall be transferred to the State
27 Game Trust Fund in the Game and Fresh Water Fish Commission in
28 each fiscal year. The transfers must be made in equal monthly
29 amounts beginning on July 1 of each fiscal year, and must be
30 used for recreational boating activities of a type consistent
31 with projects eligible for funding under the Florida Boating
5
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 Improvement Program administered by the Department of
2 Environmental Protection, and freshwater fisheries management
3 and research.
4 (d)(c) $1.5 million per year shall be transferred to
5 the Board of Regents and shall be spent solely for purposes of
6 s. 334.065.
7 Section 7. Effective July 1, 1999, subsection (1) of
8 section 206.606, Florida Statutes, as amended by section 8 of
9 chapter 96-321, Laws of Florida, is amended to read:
10 206.606 Distribution of certain proceeds.--
11 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
12 206.87(1)(e) shall be deposited in the Fuel Tax Collection
13 Trust Fund. Such moneys, after deducting the service charges
14 imposed by s. 215.20, the refunds granted pursuant to s.
15 206.41, and the administrative costs incurred by the
16 department in collecting, administering, enforcing, and
17 distributing the tax, which administrative costs may not
18 exceed 2 percent of collections, shall be distributed monthly
19 to the State Transportation Trust Fund, except that:
20 (a) $1.25 $7.55 million shall be transferred to the
21 Department of Environmental Protection in each fiscal year.
22 The transfers must be made in equal monthly amounts beginning
23 on July 1 of each fiscal year. $1.25 million of The amount
24 transferred shall be deposited annually in the Marine
25 Resources Conservation Trust Fund and must be used by the
26 Department of Environmental Protection to fund special
27 projects to provide recreational channel marking, public
28 launching facilities, and other boating-related activities.
29 The Department of Environmental Protection shall annually
30 determine where unmet needs exist for boating-related
31 activities, and may fund such activities in counties where,
6
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 due to the number of vessel registrations, insufficient
2 financial resources are available to meet total water resource
3 needs.
4 (b) $6.30 million shall be transferred to the Game and
5 Fresh Water Fish Commission each fiscal year. The transfers
6 must be made in equal monthly amounts beginning on July 1 of
7 each fiscal year. The amount transferred remaining proceeds
8 of the annual transfer shall be deposited in the Aquatic Plant
9 Control Trust Fund and must be used for aquatic plant
10 management, including nonchemical control of aquatic weeds,
11 research into nonchemical controls, and enforcement
12 activities. Beginning in fiscal year 1998-1999 1993-1994, the
13 Game and Fresh Water Fish Commission department shall allocate
14 at least $1 million of such funds to the eradication of
15 melaleuca.
16 (c)(b) $1.25 million shall be transferred to the State
17 Game Trust Fund in the Game and Fresh Water Fish Commission in
18 each fiscal year. The transfers must be made in equal monthly
19 amounts beginning on July 1 of each fiscal year, and must be
20 used for recreational boating activities of a type consistent
21 with projects eligible for funding under the Florida Boating
22 Improvement Program administered by the Department of
23 Environmental Protection, and freshwater fisheries management
24 and research.
25 (d)(c) $1.5 million per year shall be transferred to
26 the Board of Regents and shall be spent solely for purposes of
27 s. 334.065.
28 Section 8. Section 369.20, Florida Statutes, is
29 amended to read:
30 369.20 Florida Aquatic Weed Control Act.--
31
7
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (1) This section may be cited act shall be known as
2 the "Florida Aquatic Weed Control Act."
3 (2) The Game and Fresh Water Fish Commission
4 Department of Environmental Protection shall direct the
5 control, eradication, and regulation of noxious aquatic weeds
6 and direct the research and planning related to these
7 activities, as provided in this section, excluding the
8 authority to use fish as a biological control agent, so as to
9 protect human health, safety, and recreation and, to the
10 greatest degree practicable, prevent injury to plant and
11 animal life and property.
12 (3) It shall be the duty of the commission department
13 to guide and coordinate the activities of all public bodies,
14 authorities, agencies, and special districts charged with the
15 control or eradication of aquatic weeds and plants. It may
16 delegate all or part of such functions to the Game and Fresh
17 Water Fish Commission.
18 (4) The commission department shall also promote,
19 develop, and support research activities directed toward the
20 more effective and efficient control of aquatic plants. In
21 the furtherance of this purpose, the commission department is
22 authorized to:
23 (a) Accept donations and grants of funds and services
24 from both public and private sources;
25 (b) Contract or enter into agreements with public or
26 private agencies or corporations for research and development
27 of aquatic plant control methods or for the performance of
28 aquatic plant control activities;
29 (c) Construct, acquire, operate, and maintain
30 facilities and equipment; and
31
8
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (d) Enter upon, or authorize the entry upon, private
2 property for purposes of making surveys and examinations and
3 to engage in aquatic plant control activities; and such entry
4 shall not be deemed a trespass.
5 (5) The commission Department of Environmental
6 Protection may disburse funds to any special district or other
7 local authority charged with the responsibility of controlling
8 or eradicating aquatic plants, upon:
9 (a) Receipt of satisfactory proof that such district
10 or authority has sufficient funds on hand to match the state
11 funds herein referred to on an equal basis;
12 (b) Approval by the commission department of the
13 control techniques to be used by the district or authority;
14 and
15 (c) Review and approval of the program of the district
16 or authority by the commission department to be in conformance
17 with the state control plan.
18 (6) The commission department shall adopt, amend, or
19 repeal all rules as necessary to carry out the duties,
20 obligations, and powers set forth in this section and perform
21 any other acts necessary for the proper administration,
22 enforcement, or interpretation of this section, including
23 creating general permits and exemptions and adopting rules and
24 forms governing reports.
25 (7) No person or public agency shall control,
26 eradicate, remove, or otherwise alter any aquatic weeds or
27 plants in waters of the state unless a permit for such
28 activity has been issued by the commission department, or
29 unless the activity is in waters expressly exempted by
30 department rule of the commission. The commission department
31 shall develop standards by rule which shall address, at a
9
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 minimum, chemical, biological, and mechanical control
2 activities; an evaluation of the benefits of such activities
3 to the public; specific criteria recognizing the differences
4 between natural and artificially created waters; and the
5 different amount and quality of littoral vegetation on various
6 waters. Applications for a permit to engage in aquatic plant
7 control activities shall be made to the commission department.
8 In reviewing such applications, the commission department
9 shall consider the criteria set forth in subsection (2).
10 (8) As an exemption to all permitting requirements in
11 this section and ss. 369.22 and 369.25, in all freshwater
12 bodies, except aquatic preserves designated under chapter 258
13 and Outstanding Florida Waters designated under chapter 403, a
14 riparian owner may physically or mechanically remove
15 herbaceous aquatic plants and semiwoody herbaceous plants,
16 such as shrub species and willow, within an area delimited by
17 up to 50 percent of the property owner's frontage or 50 feet,
18 whichever is less, and by a sufficient length waterward from,
19 and perpendicular to, the riparian owner's shoreline to create
20 a corridor to allow access for a boat or swimmer to reach open
21 water. All unvegetated areas shall be cumulatively considered
22 when determining the width of the exempt corridor. Physical
23 or mechanical removal does not include the use of any
24 chemicals or any activity that requires a permit pursuant to
25 part IV of chapter 373.
26 (9) A permit issued pursuant to this section for the
27 application of herbicides to waters in the state for the
28 control of aquatic plants, algae, or invasive exotic plants is
29 exempt from the requirement to obtain a water pollution
30 operation permit pursuant to s. 403.088.
31
10
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 Section 9. Section 369.22, Florida Statutes, is
2 amended to read:
3 369.22 Nonindigenous aquatic plant control.--
4 (1) This section may be cited shall be known as the
5 "Florida Nonindigenous Aquatic Plant Control Act."
6 (2) For the purpose of this section, the following
7 words and phrases shall have the following meanings:
8 (a) "Commission Department" means the Game and Fresh
9 Water Fish Commission Department of Environmental Protection.
10 (b) "Aquatic plant" is any plant growing in, or
11 closely associated with, the aquatic environment and includes
12 "floating," "emersed," "submersed," and "ditch bank" species.
13 (c) "Nonindigenous aquatic plant" is any aquatic plant
14 that is nonnative to the State of Florida and has certain
15 characteristics, such as massive productivity, choking
16 density, or an obstructive nature, which render it
17 detrimental, obnoxious, or unwanted in a particular location.
18 (d) A "maintenance program" is a method for the
19 control of nonindigenous aquatic plants in which control
20 techniques are utilized in a coordinated manner on a
21 continuous basis in order to maintain the plant population at
22 the lowest feasible level as determined by the commission
23 department.
24 (e) An "eradication program" is a method for the
25 control of nonindigenous aquatic plants in which control
26 techniques are utilized in a coordinated manner in an attempt
27 to kill all the aquatic plants on a permanent basis in a given
28 geographical area.
29 (f) A "complaint spray program" is a method for the
30 control of nonindigenous aquatic plants in which weeds are
31 allowed to grow unhindered to a given level of undesirability,
11
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 at which point eradication techniques are applied in an effort
2 to restore the area in question to a relatively low level of
3 infestation.
4 (g) "Waters" means rivers, streams, lakes, navigable
5 waters and associated tributaries, canals, meandered lakes,
6 enclosed water systems, and any other bodies of water.
7 (h) "Intercounty waters" means any waters which lie in
8 more than one county or form any part of the boundary between
9 two or more counties, as determined by the commission
10 department.
11 (i) "Intracounty waters" means any waters which lie
12 wholly within the boundaries of one county as determined by
13 the commission department.
14 (j) "Districts" means the six water management
15 districts created by law and named, respectively, the
16 Northwest Florida Water Management District, the Suwannee
17 River Water Management District, the St. Johns River Water
18 Management District, the Southwest Florida Water Management
19 District, the Central and Southern Florida Flood Control
20 District, and the Ridge and Lower Gulf Coast Water Management
21 District; and on July 1, 1975, shall mean the five water
22 management districts created by chapter 73-190, Laws of
23 Florida, and named, respectively, the Northwest Florida Water
24 Management District, the Suwannee River Water Management
25 District, the St. Johns River Water Management District, the
26 Southwest Florida Water Management District, and the South
27 Florida Water Management District.
28 (3) The Legislature recognizes that the uncontrolled
29 growth of nonindigenous aquatic plants in the waters of
30 Florida poses a variety of environmental, health, safety, and
31 economic problems. The Legislature acknowledges the
12
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 responsibility of the state to cope with the uncontrolled and
2 seemingly never-ending growth of nonindigenous aquatic plants
3 in the waters throughout Florida. It is, therefore, the intent
4 of the Legislature that the state policy for the control of
5 nonindigenous aquatic plants in waters of state responsibility
6 be carried out under the general supervision and control of
7 the commission department, and that the state itself be
8 responsible for the control of such plants in all intercounty
9 waters; but that control of such plants in intracounty waters
10 be the designated responsibility of the appropriate unit of
11 local or county government, special district, authority, or
12 other public body. It is the intent of the Legislature that
13 the control of nonindigenous aquatic plants be carried out
14 primarily by means of maintenance programs, rather than
15 eradication or complaint spray programs, for the purpose of
16 achieving more effective control at a lower long-range cost.
17 It is also the intent of the Legislature that the commission
18 department guide, review, approve, and coordinate all
19 nonindigenous aquatic plant control programs within each of
20 the water management districts as defined in paragraph (2)(j).
21 It is the intent of the Legislature to account for the costs
22 of nonindigenous aquatic plant maintenance programs by
23 watershed for comparison management purposes.
24 (4) The commission department shall supervise and
25 direct all maintenance programs for control of nonindigenous
26 aquatic plants, as provided in this section, excluding the
27 authority to use fish as a biological control agent, so as to
28 protect human health, safety, and recreation and, to the
29 greatest degree practicable, prevent injury to plant, fish,
30 and animal life and to property.
31
13
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (5) When state funds are involved, or when waters of
2 state responsibility are involved, it is the duty of the
3 commission department to guide, review, approve, and
4 coordinate the activities of all public bodies, authorities,
5 state agencies, units of local or county government,
6 commissions, districts, and special districts engaged in
7 operations to maintain, control, or eradicate nonindigenous
8 aquatic plants, except for activities involving biological
9 control programs using fish as the control agent. The
10 commission department may delegate all or part of such
11 functions to any appropriate state agency, special district,
12 unit of local or county government, commission, authority, or
13 other public body. However, special attention shall be given
14 to the keeping of accounting and cost data in order to prepare
15 the annual fiscal report required in subsection (7).
16 (6) The commission department may disburse funds to
17 any district, special district, or other local authority for
18 the purpose of operating a maintenance program for controlling
19 nonindigenous aquatic plants and other noxious aquatic plants
20 in the waters of state responsibility upon:
21 (a) Receipt of satisfactory proof that such district
22 or authority has sufficient funds on hand to match the state
23 funds herein referred to on an equal basis;
24 (b) Approval by the commission department of the
25 maintenance control techniques to be used by the district or
26 authority; and
27 (c) Review and approval of the program of the district
28 or authority by the commission department to be in conformance
29 with the state maintenance control plan.
30 (7) The commission department shall submit an annual
31 report on the status of the nonindigenous aquatic plant
14
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 maintenance program to the President of the Senate, the
2 Speaker of the House of Representatives, and the Governor and
3 Cabinet by January 1 of the following year. This report shall
4 include a statement of the degree of maintenance control
5 achieved by individual nonindigenous aquatic plant species in
6 the intercounty waters of each of the water management
7 districts for the preceding county fiscal year, together with
8 an analysis of the costs of achieving this degree of control.
9 This cost accounting shall include the expenditures by all
10 governmental agencies in the waters of state responsibility.
11 If the level of maintenance control achieved falls short of
12 that which is deemed adequate by the commission department,
13 then the report shall include an estimate of the additional
14 funding that would have been required to achieve this level of
15 maintenance control. All measures of maintenance program
16 achievement and the related cost shall be presented by water
17 management districts so that comparisons may be made among the
18 water management districts, as well as with the state as a
19 whole.
20 (8) The commission department shall have the authority
21 to cooperate with the United States and to enter into such
22 cooperative agreements or commitments as the commission
23 department may determine necessary to carry out the
24 maintenance, control, or eradication of water hyacinths,
25 alligator weed, and other noxious aquatic plant growths from
26 the waters of the state and to enter into contracts with the
27 United States obligating the state to indemnify and save
28 harmless the United States from any and all claims and
29 liability arising out of the initiation and prosecution of any
30 project undertaken under this section. However, any claim or
31 claims required to be paid under this section shall be paid
15
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 from money appropriated to the nonindigenous aquatic plant
2 control program.
3 (9) The department may delegate various nonindigenous
4 aquatic plant control and maintenance functions to the Game
5 and Fresh Water Fish Commission. The commission shall, in
6 accepting commitments to engage in nonindigenous aquatic plant
7 control and maintenance activities, be subject to the rules of
8 the department, except that the commission shall regulate,
9 control, and coordinate the use of any fish for aquatic weed
10 control in fresh waters of the state. In addition, the
11 commission shall render technical and other assistance to the
12 department in order to carry out most effectively the purposes
13 of s. 369.20. However, nothing herein shall diminish or
14 impair the regulatory authority of the commission with respect
15 to the powers granted to it by s. 9, Art. IV of the State
16 Constitution.
17 (9)(10) The commission department is directed to use
18 biological agents, excluding fish, for the control of
19 nonindigenous aquatic plants.
20 (10)(11) The commission department shall adopt, amend,
21 or 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 adopting rules and forms governing reports.
26 (11)(12) No person or public agency shall control,
27 eradicate, remove, or otherwise alter any nonindigenous
28 aquatic plants in waters of the state unless a permit for such
29 activity has been issued by the commission department, or
30 unless the activity is in waters expressly exempted by
31 department rule of the commission. The commission department
16
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 shall develop standards by rule which shall address, at a
2 minimum, chemical, biological, and mechanical control
3 activities; an evaluation of the benefits of such activities
4 to the public; specific criteria recognizing the differences
5 between natural and artificially created waters; and the
6 different amount and quality of littoral vegetation on various
7 waters. Applications for a permit to engage in aquatic plant
8 control activities shall be made to the commission department.
9 In reviewing such applications, the commission department
10 shall consider the criteria set forth in subsection (4).
11 Section 10. Section 369.25, Florida Statutes, is
12 amended to read:
13 369.25 Aquatic plants; definitions; permits; powers of
14 commission department; penalties.--
15 (1) As used in this section, the term:
16 (a) "Aquatic plant" means any plant, including a
17 floating, emersed, submersed, or ditch bank species, growing
18 in, or closely associated with, an aquatic environment and
19 includes any part or seed of such plant.
20 (b) "Commission Department" means the Game and Fresh
21 Water Fish Commission Department of Environmental Protection.
22 (c) "Nonnursery cultivation" means the tending of
23 aquatic plant species for harvest in the natural environment.
24 (d) "Noxious aquatic plant" means any part, including,
25 but not limited to, seeds or reproductive parts, of an aquatic
26 plant which has the potential to hinder the growth of
27 beneficial plants, interfere with irrigation or navigation, or
28 adversely affect the public welfare or the natural resources
29 of this state.
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (e) "Person" includes a natural person, a public or
2 private corporation, a governmental entity, or any other kind
3 of entity.
4 (2) No person shall engage in any business involving
5 the importation, transportation, nonnursery cultivation,
6 collection, sale, or possession of any aquatic plant species
7 without a permit issued by the commission department or the
8 Department of Agriculture and Consumer Services. No person
9 shall import, transport, nonnursery cultivate, collect, sell,
10 or possess any noxious aquatic plant listed on the prohibited
11 aquatic plant list established by the commission department
12 without a permit issued by the commission department or the
13 Department of Agriculture and Consumer Services. No permit
14 shall be issued until the commission department determines
15 that the proposed activity poses no threat or danger to the
16 waters, wildlife, natural resources, or environment of the
17 state.
18 (3) The commission department has the following
19 powers:
20 (a) To make such rules governing the importation,
21 transportation, nonnursery cultivation, collection, and
22 possession of aquatic plants as may be necessary for the
23 eradication, control, or prevention of the dissemination of
24 noxious aquatic plants that are not inconsistent with rules of
25 the Department of Agriculture and Consumer Services.
26 (b) To establish by rule lists of aquatic plant
27 species regulated under this section, including those exempted
28 from such regulation, provided the Department of Agriculture
29 and Consumer Services and the Game and Fresh Water Fish
30 Commission approve such lists prior to the lists becoming
31 effective.
18
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (c) To evaluate an aquatic plant species through
2 research or other means to determine whether such species
3 poses a threat or danger to the waters, wildlife, natural
4 resources, or environment of the state.
5 (d) To declare a quarantine against aquatic plants,
6 including the vats, pools, or other containers or bodies of
7 water in which such plants are growing, except in aquatic
8 plant nurseries, to prevent the dissemination of any noxious
9 aquatic plant.
10 (e) To make rules governing the application for,
11 issuance of, suspension of, and revocation of permits under
12 this section.
13 (f) To enter into cooperative agreements with any
14 person as necessary or desirable to carry out and enforce the
15 provisions of this section.
16 (g) To purchase all necessary supplies, material, and
17 equipment and accept all grants and donations useful in the
18 implementation and enforcement of the provisions of this
19 section.
20 (h) To enter upon and inspect any facility or place,
21 except aquatic plant nurseries regulated by the Department of
22 Agriculture and Consumer Services, where aquatic plants are
23 cultivated, held, packaged, shipped, stored, or sold, or any
24 vehicle of conveyance of aquatic plants, to ascertain whether
25 the provisions of this section and commission rules department
26 regulations are being complied with, and to seize and destroy,
27 without compensation, any aquatic plants imported,
28 transported, cultivated, collected, or otherwise possessed in
29 violation of this section or commission rules department
30 regulations.
31
19
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (i) To conduct a public information program,
2 including, but not limited to, erection of road signs, in
3 order to inform the public and interested parties of this
4 section and its associated rules and of the dangers of noxious
5 aquatic plant introductions.
6 (4) The commission department shall adopt rules which
7 limit the sanctions available for violations under this
8 section act to quarantine and confiscation:
9 (a) If the prohibited activity apparently results from
10 natural dispersion; or
11 (b) If a small amount of noxious aquatic plant
12 material incidentally adheres to a boat or boat trailer
13 operated by a person who is not involved in any phase of the
14 aquatic plant business and if that person is not knowingly
15 violating this section act.
16 (5)(a) A Any person who violates any provision the
17 provisions of this section commits is guilty of a misdemeanor
18 of the second degree, punishable as provided in s. 775.082 or
19 s. 775.083.
20 (b) All law enforcement officers of the state and its
21 agencies with power to make arrests for violations of state
22 law shall enforce the provisions of this section.
23 Section 11. Section 369.251, Florida Statutes, is
24 amended to read:
25 369.251 Invasive nonnative plants; prohibitions;
26 study; removal; rules.--
27 (1) A person may not sell, transport, collect,
28 cultivate, or possess any plant, including any part or seed,
29 of the species Melaleuca quinquenervia, Schinus
30 terebinthifolius, Casuarina equisetifolia, Casuarina glauca,
31 or Mimosa pigra without a permit from the Game and Fresh Water
20
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 Fish Commission department. Any person who violates this
2 section commits a misdemeanor of the second degree, punishable
3 by fine only, as provided in s. 775.083.
4 (2) The commission department shall study methods of
5 control of plants of the species Melaleuca quinquenervia,
6 Schinus terebinthifolius, Casuarina equisetifolia, Casuarina
7 glauca, and Mimosa pigra. The South Florida Water Management
8 District shall undertake programs to remove such plants from
9 conservation area I, conservation area II, and conservation
10 area III of the district.
11 (3) The commission department shall adopt rules
12 necessary to implement this section. Possession or
13 transportation resulting from natural dispersion, mulching
14 operations, control and disposal, or use in herbaria or other
15 educational or research institutions, or for other reasons
16 determined by the commission department to be consistent with
17 this section and where there is neither the danger of, nor
18 intent to, further disperse any plant species prohibited by
19 this section, is not subject to the permit or penalty
20 provisions of this section.
21 Section 12. Section 369.252, Florida Statutes, is
22 amended to read:
23 369.252 Invasive exotic plant control on public
24 lands.--The Game and Fresh Water Fish Commission department
25 shall establish a program to:
26 (1) Achieve eradication or maintenance control of
27 invasive exotic plants on public lands when the scientific
28 data indicate that they are detrimental to the state's natural
29 environment or when the Commissioner of Agriculture finds that
30 such plants or specific populations thereof are a threat to
31 the agricultural productivity of the state;
21
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (2) Assist state and local government agencies in the
2 development and implementation of coordinated management plans
3 for the eradication or maintenance control of invasive exotic
4 plant species on public lands;
5 (3) Contract, or enter into agreements, with entities
6 in the State University System or other governmental or
7 private sector entities for research concerning control
8 agents; production and growth of biological control agents;
9 and development of workable methods for the eradication or
10 maintenance control of invasive exotic plants on public lands;
11 and
12 (4) Use funds in the Aquatic Plant Control Trust Fund
13 as authorized by the Legislature for carrying out activities
14 under this section on public lands.
15 Section 13. Subsection (2) of section 581.145, Florida
16 Statutes, is amended to read:
17 581.145 Aquatic plant nursery registration; special
18 permit requirements.--
19 (2) It shall be unlawful for any nursery or nursery
20 stock dealer to import, transport, cultivate, collect, sell,
21 or possess any noxious aquatic plant listed on the prohibited
22 aquatic plant list established by the Game and Fresh Water
23 Fish Commission Department of Environmental Protection in s.
24 369.25(3)(b) without a special permit issued by the commission
25 department.
26 (a) No special permit shall be issued until the
27 commission department determines that the proposed activity
28 poses no threat or danger to the waters, wildlife, natural
29 resources, agriculture, or environment of the state.
30 (b) The commission department may not issue a special
31 permit with respect to a prohibited aquatic plant species if
22
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 it the Department of Environmental Protection prohibits the
2 importation, transportation, cultivation, collection, sale, or
3 possession of the species.
4 Section 14. (1) The transfer from the Department of
5 Environmental Protection to the Game and Fresh Water Fish
6 Commission of regulatory authority over aquatic plant control,
7 and the conforming amendments to ss. 206.606, 369.20, 369.22,
8 369.25, 369.251, 369.252, and 581.145, Florida Statutes, by
9 this act are to implement Specific Appropriations 1501, 1501A,
10 1501B, 1501C, and 1501D of the 1998-1999 General
11 Appropriations Act.
12 (2) The regulatory authority over aquatic plant
13 control transferred to the Game and Fresh Water Fish
14 Commission by this act shall expire June 30, 1999, and shall
15 revert to the Department of Environmental Protection in a like
16 type two transfer so that such authority is as it existed on
17 June 30, 1998; and rules of the commission in effect at the
18 time of such reversion shall remain in effect until superseded
19 by the department, and permits issued by the commission shall
20 be deemed to be permitted by the department until the
21 expiration of the term of the person's permit. In addition,
22 the amendments to ss. 206.606, 369.20, 369.22, 369.25,
23 369.251, 369.252, and 581.145, Florida Statutes, by this act
24 shall expire June 30, 1999, and the text of said sections
25 shall revert to that in existence on June 30, 1998, except
26 that any amendments to such text enacted other than by this
27 act shall be preserved and continue to operate to the extent
28 that such amendments are not dependent upon the portions of
29 said text which expire pursuant to the provisions of this act.
30 The Statutory Revision Division of the Joint Legislative
31 Management Committee, or its successor, shall include in an
23
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 appropriate reviser's bill any amendments to said sections
2 which are necessary to give effect to the legislative intent
3 expressed in this section.
4 Section 15. Subsections (1), (2), and (4) of section
5 370.027, Florida Statutes, are amended to read:
6 370.027 Rulemaking authority with respect to marine
7 life.--
8 (1) Pursuant to the policy and standards in s.
9 370.025, the Marine Fisheries Commission is delegated full
10 rulemaking authority over marine life, with the exception of
11 marine species produced by an individual certified under s.
12 597.004 and endangered species, subject to final approval by
13 the Governor and Cabinet sitting as the Board of Trustees of
14 the Internal Improvement Trust Fund, in the areas of concern
15 herein specified. The commission is instructed to make
16 recommendations annually to the Governor and Cabinet regarding
17 the marine fisheries research priorities and funding of the
18 Department of Environmental Protection. All administrative and
19 enforcement responsibilities which are unaffected by the
20 specific provisions of this act continue to be the
21 responsibility of the Department of Environmental Protection.
22 The authority to regulate fishing gear in residential, manmade
23 saltwater canals is specifically not delegated to the
24 commission and is retained by the Legislature.
25 (2) Exclusive rulemaking authority in the following
26 areas relating to marine life, with the exception of marine
27 species produced by individuals certified under s. 597.004 and
28 endangered species, is vested in the commission; any
29 conflicting authority of any division or bureau of the
30 department or any other agency of state government is
31 withdrawn as of the effective date of the rule proposed by the
24
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 commission and approved by the Governor and Cabinet, and the
2 inconsistent rule, or the inconsistent part thereof, is
3 superseded to the extent of the inconsistency:
4 (a) Gear specifications;
5 (b) Prohibited gear;
6 (c) Bag limits;
7 (d) Size limits;
8 (e) Species that may not be sold;
9 (f) Protected species;
10 (g) Closed areas, except for public health purposes;
11 (h) Quality control, except for oysters, clams,
12 mussels, and crabs, unless such authority is delegated to the
13 Department of Agriculture and Consumer Services;
14 (i) Seasons; and
15 (j) Special considerations relating to eggbearing
16 females.
17 (4) Marine aquaculture producers shall be regulated by
18 the Department of Agriculture and Consumer Services. Marine
19 aquaculture products produced by a marine aquaculture
20 producer, certified pursuant to s. 597.004, are exempt from
21 Marine Fisheries Commission resource management rules, with
22 the exception of such rules governing any fish or the genus
23 Centropomus (snook), the genus Sciaenops (red drum), or the
24 genus Cynoscion (spotted sea trout). Marine Fisheries
25 Commission rules relating to the aquacultural production of
26 red drum and spotted sea trout must be developed and adopted
27 by the commission no later than 1 year from October 1, 1996.
28 Section 16. Paragraph (a) of subsection (2) and
29 subsection (4) of section 370.06, Florida Statutes, are
30 amended to read:
31 370.06 Licenses.--
25
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (2) SALTWATER PRODUCTS LICENSE.--
2 (a) Every person, firm, or corporation that sells,
3 offers for sale, barters, or exchanges for merchandise any
4 saltwater products, or which harvests saltwater products with
5 certain gear or equipment as specified by law, must have a
6 valid saltwater products license, except that the holder of an
7 aquaculture certificate under s. 597.004 is not required to
8 purchase and possess a saltwater products license in order to
9 possess, transport, or sell marine aquaculture products. Each
10 saltwater products license allows the holder to engage in any
11 of the activities for which the license is required. The
12 license must be in the possession of the licenseholder or
13 aboard the vessel and shall be subject to inspection at any
14 time that harvesting activities for which a license is
15 required are being conducted. A restricted species endorsement
16 on the saltwater products license is required to sell to a
17 licensed wholesale dealer those species which the state, by
18 law or rule, has designated as "restricted species." This
19 endorsement may be issued only to a person who is at least 16
20 years of age, or to a firm certifying that over 25 percent of
21 its income or $5,000 of its income, whichever is less, is
22 attributable to the sale of saltwater products pursuant to a
23 license issued under this paragraph or a similar license from
24 another state. This endorsement may also be issued to a
25 for-profit corporation if it certifies that at least $5,000 of
26 its income is attributable to the sale of saltwater products
27 pursuant to a license issued under this paragraph or a similar
28 license from another state. However, if at least 50 percent of
29 the annual income of a person, firm, or for-profit corporation
30 is derived from charter fishing, the person, firm, or
31 for-profit corporation must certify that at least $2,500 of
26
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 the income of the person, firm, or corporation is attributable
2 to the sale of saltwater products pursuant to a license issued
3 under this paragraph or a similar license from another state,
4 in order to be issued the endorsement. Such income attribution
5 must apply to at least 1 year out of the last 3 years. For the
6 purpose of this section "income" means that income which is
7 attributable to work, employment, entrepreneurship, pensions,
8 retirement benefits, and social security benefits. To renew an
9 existing restricted species endorsement, marine aquaculture
10 producers possessing a valid saltwater products license with a
11 restricted species endorsement may apply income from the sale
12 of marine aquaculture products.
13 1. The department is authorized to require
14 verification of such income. Acceptable proof of income earned
15 from the sale of saltwater products shall be:
16 a. Copies of trip ticket records generated pursuant to
17 this subsection (marine fisheries information system),
18 documenting qualifying sale of saltwater products;
19 b. Copies of sales records from locales other than
20 Florida documenting qualifying sale of saltwater products;
21 c. A copy of the applicable federal income tax return,
22 including Form 1099 attachments, verifying income earned from
23 the sale of saltwater products;
24 d. Crew share statements verifying income earned from
25 the sale of saltwater products; or
26 e. A certified public accountant's notarized statement
27 attesting to qualifying source and amount of income.
28
29 Any provision of this section or any other section of the
30 Florida Statutes to the contrary notwithstanding, any person
31 who owns a retail seafood market and/or restaurant at a fixed
27
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 location for at least 3 years who has had an occupational
2 license for 3 years prior to January 1, 1990, who harvests
3 saltwater products to supply his or her retail store and has
4 had a saltwater products license for 1 of the past 3 years
5 prior to January 1, 1990, may provide proof of his or her
6 verification of income and sales value at the person's retail
7 seafood market and/or restaurant and in his or her saltwater
8 products enterprise by affidavit and shall thereupon be issued
9 a restricted species endorsement.
10 2. Exceptions from income requirements shall be as
11 follows:
12 a. A permanent restricted species endorsement shall be
13 available to those persons age 62 and older who have qualified
14 for such endorsement for at least 3 out of the last 5 years.
15 b. Active military duty time shall be excluded from
16 consideration of time necessary to qualify and shall not be
17 counted against the applicant for purposes of qualifying.
18 c. Upon the sale of a used commercial fishing vessel
19 owned by a person, firm, or corporation possessing or eligible
20 for a restricted species endorsement, the purchaser of such
21 vessel shall be exempted from the qualifying income
22 requirement for the purpose of obtaining a restricted species
23 endorsement for a period of 1 year after purchase of the
24 vessel.
25 d. Upon the death or permanent disablement of a person
26 possessing a restricted species endorsement, an immediate
27 family member wishing to carry on the fishing operation shall
28 be exempted from the qualifying income requirement for the
29 purpose of obtaining a restricted species endorsement for a
30 period of 1 year after the death or disablement.
31
28
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 e. A restricted species endorsement may be issued on
2 an individual saltwater products license to a person age 62 or
3 older who documents that at least $2,500 is attributable to
4 the sale of saltwater products pursuant to the provisions of
5 this paragraph.
6 f. A permanent restricted species endorsement may also
7 be issued on an individual saltwater products license to a
8 person age 70 or older who has held a saltwater products
9 license for at least 3 of the last 5 license years.
10
11 At least one saltwater products license bearing a restricted
12 species endorsement shall be aboard any vessel harvesting
13 restricted species in excess of any bag limit or when fishing
14 under a commercial quota or in commercial quantities, and such
15 vessel shall have a commercial vessel registration. This
16 subsection does not apply to any person, firm, or corporation
17 licensed under s. 370.07(1)(a)1. or (b) for activities
18 pursuant to such licenses. A saltwater products license may be
19 issued in the name of an individual or a valid boat
20 registration number. Such license is not transferable. A decal
21 shall be issued with each saltwater products license issued to
22 a valid boat registration number. The saltwater products
23 license decal shall be the same color as the vessel
24 registration decal issued each year pursuant to s.
25 327.11(5)(7) and shall indicate the period of time such
26 license is valid. The saltwater products license decal shall
27 be placed beside the vessel registration decal and, in the
28 case of an undocumented vessel, shall be placed so that the
29 vessel registration decal lies between the vessel registration
30 number and the saltwater products license decal. Any saltwater
31 products license decal for a previous year shall be removed
29
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 from a vessel operating on the waters of the state. A resident
2 shall pay an annual license fee of $50 for a saltwater
3 products license issued in the name of an individual or $100
4 for a saltwater products license issued to a valid boat
5 registration number. A nonresident shall pay an annual license
6 fee of $200 for a saltwater products license issued in the
7 name of an individual or $400 for a saltwater products license
8 issued to a valid boat registration number. An alien shall pay
9 an annual license fee of $300 for a saltwater products license
10 issued in the name of an individual or $600 for a saltwater
11 products license issued to a valid boat registration number.
12 Any person who sells saltwater products pursuant to this
13 license may sell only to a licensed wholesale dealer. A
14 saltwater products license must be presented to the licensed
15 wholesale dealer each time saltwater products are sold, and an
16 imprint made thereof. The wholesale dealer shall keep records
17 of each transaction in such detail as may be required by rule
18 of the Department of Environmental Protection not in conflict
19 with s. 370.07(6), and shall provide the holder of the
20 saltwater products license with a copy of the record. It is
21 unlawful for any licensed wholesale dealer to buy saltwater
22 products from any unlicensed person under the provisions of
23 this section, except that a licensed wholesale dealer may buy
24 from another licensed wholesale dealer. It is unlawful for any
25 licensed wholesale dealer to buy saltwater products designated
26 as "restricted species" from any person, firm, or corporation
27 not possessing a restricted species endorsement on his or her
28 saltwater products license under the provisions of this
29 section, except that a licensed wholesale dealer may buy from
30 another licensed wholesale dealer. The Department of
31 Environmental Protection shall be the licensing agency, may
30
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 contract with private persons or entities to implement aspects
2 of the licensing program, and shall establish by rule a marine
3 fisheries information system in conjunction with the licensing
4 program to gather fisheries data.
5 (4) SPECIAL ACTIVITY LICENSES.--
6 (a) Any person who seeks to use special gear or
7 equipment in harvesting saltwater species must purchase a
8 special activity license as specified by law to engage in such
9 activities. This subsection does not apply to gear or
10 equipment used by individuals certified under s. 597.004. The
11 department may issue special activity licenses, in accordance
12 with s. 370.071, to permit the cultivation of oysters, clams,
13 mussels, and crabs when such aquaculture activities relate to
14 quality control, sanitation, and public health regulations,
15 unless such authority is delegated to the Department of
16 Agriculture and Consumer Services. The department may
17 prescribe by rule special terms, conditions, and restrictions
18 for any special activity license.
19 (b) The department is authorized to issue special
20 activity licenses in accordance with this section and s.
21 370.31, to permit the importation, possession, and aquaculture
22 of anadromous sturgeon. The special activity license shall
23 provide for specific best management practices to prevent the
24 release and escape of cultured anadromous sturgeon and to
25 protect indigenous populations of saltwater species from
26 sturgeon-borne disease.
27 Section 17. Subsections (1), (2), (3), and (6) of
28 section 370.26, Florida Statutes, are amended to read:
29 370.26 Aquaculture definitions; marine aquaculture
30 products, and producers, and facilities.--
31 (1) As used in this section, the term:
31
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (a) "Marine aquaculture facility" means a facility
2 built and operated for the purpose of producing marine
3 aquaculture products. Marine aquaculture facilities contain
4 culture systems such as, but not limited to, ponds, tanks,
5 raceways, cages, and bags used for commercial production,
6 propagation, growout, or product enhancement of marine
7 aquaculture products. Marine aquaculture facilities
8 specifically do not include:
9 1. Facilities that maintain marine aquatic organisms
10 exclusively for the purpose of shipping, distribution,
11 marketing, or wholesale and retail sales;
12 2. Facilities that maintain marine aquatic organisms
13 for noncommercial, education, exhibition, or scientific
14 purposes;
15 3. Facilities that do not require an aquaculture
16 certification pursuant to s. 597.004; or
17 4. Facilities used by marine aquarium hobbyists.
18 (b)(a) "Marine aquaculture producer" means a person
19 holding an aquaculture certificate pursuant to s. 597.004 to
20 produce marine aquaculture products for sale.
21 (c)(b) "Marine aquaculture product" means any product
22 derived from marine aquatic organisms that are owned and
23 propagated and grown or produced under controlled conditions
24 by a person holding an aquaculture certificate pursuant to s.
25 597.004. Such product does not include organisms harvested
26 from the wild for depuration, wet storage, or relayed for the
27 purpose of controlled purification. Marine aquaculture
28 products are considered saltwater products for the purposes of
29 this chapter, except the holder of an aquaculture certificate
30 is not required to purchase and possess a saltwater products
31 license in order to possess, transport, or sell marine
32
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 aquaculture products pursuant to s. 370.06. The holder of an
2 aquaculture certificate must purchase and possess a saltwater
3 products license in order to possess, transport, or and sell
4 saltwater products not specifically provided for in s.
5 597.004.
6 (2) The Department of Environmental Protection shall
7 encourage the development of aquaculture and the production of
8 aquaculture products.
9 (3) The department shall establish an Aquaculture
10 Section within the Bureau of Marine Resource Regulation and
11 Development within the Division of Marine Resources.
12 (a) The department Aquaculture Section shall develop a
13 process consistent with this section that would consolidate
14 permits, general permits, special activity licenses, and other
15 regulatory requirements to streamline the permitting process
16 and result in effective regulation of aquaculture activities.
17 This process shall provide for a single application and
18 application fee for marine aquaculture activities which are
19 regulated by the department. Procedures to consolidate
20 permitting actions under this section do not constitute rules
21 within the meaning of s. 120.52.
22 (3)(b) The Department of Agriculture and Consumer
23 Services Aquaculture Section shall act as a clearinghouse for
24 aquaculture applications submitted to the department, and act
25 as a liaison between the Division of Marine Resources, the
26 Division of State Lands, the Department of Environmental
27 Protection district offices, other divisions within the
28 Department of Environmental Protection, and the water
29 management districts. The Department of Agriculture and
30 Consumer Services shall be responsible for regulating marine
31 aquaculture producers except as specifically provided herein.
33
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (6) Until such time that aquaculture general permits
2 under s. 403.088 can be expanded and developed, the department
3 shall establish criteria to temporarily permit aquaculture
4 activities that may be presumed not to result in adverse
5 environmental impacts. The criteria developed pursuant to this
6 subsection do not constitute rules within the meaning of s.
7 120.52. Permit application fees under this subsection shall be
8 no more than that established for a general permit. The
9 department may delegate to the water management districts the
10 regulatory authority for aquaculture facilities subject to the
11 temporary general permitting criteria of this subsection.
12 During the period prior to development of a general permit
13 under s. 403.088, the department shall establish a compliance
14 plan based on monitoring results that will assist in the
15 development of the general permit.
16 Section 18. Subsection (1) of section 372.0225,
17 Florida Statutes, is amended to read:
18 372.0225 Freshwater organisms.--
19 (1) The Division of Fisheries of the Game and Fresh
20 Water Fish Commission, in order to manage the promotion,
21 marketing, and quality control of all freshwater organisms
22 produced in Florida and utilized commercially so that such
23 organisms shall be used to produce the optimum sustained yield
24 consistent with the protection of the breeding stock, is
25 directed and charged with the responsibility of:
26 (a) Providing for the regulation of the promotion,
27 marketing, and quality control of freshwater organisms
28 produced in Florida and utilized commercially.
29 (b) Regulating the processing of commercial freshwater
30 organisms on the water or on the shore.
31
34
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (c) Providing documentation standards and statistical
2 record requirements with respect to commercial freshwater
3 organism catches.
4 (d) Regulating aquacultural facilities.
5 (d)(e) Conducting scientific, economic, and other
6 studies and research on all freshwater organisms produced in
7 the state and used commercially.
8 Section 19. Paragraph (g) of subsection (1) of section
9 372.65, Florida Statutes, is amended to read:
10 372.65 Freshwater fish dealer's license.--
11 (1) No person shall engage in the business of taking
12 for sale or selling any frogs or freshwater fish, including
13 live bait, of any species or size, or importing any exotic or
14 nonindigenous fish, until such person has obtained a license
15 and paid the fee therefor as set forth herein. The license
16 issued shall be in the possession of the person to whom issued
17 while such person is engaging in the business of taking for
18 sale or selling freshwater fish or frogs, is not transferable,
19 shall bear on its face in indelible ink the name of the person
20 to whom it is issued, and shall be affixed to a license
21 identification card issued by the commission. Such license is
22 not valid unless it bears the name of the person to whom it is
23 issued and is so affixed. The failure of such person to
24 exhibit such license to the commission or any of its wildlife
25 officers when such person is found engaging in such business
26 is a violation of law. The license fees and activities
27 permitted under particular licenses are as follows:
28 (g) Any individual or business issued an aquaculture
29 certificate, pursuant to s. 597.004, shall be exempt from this
30 section the aquaculture game fish license and the resident
31 freshwater fish dealer's license. The commission is authorized
35
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 to require that cultured game fish sold be tagged and to
2 assess a fee of not more than 5 cents for each tag, which
3 shall be furnished by the commission.
4 Section 20. Section 372.6672, Florida Statutes, is
5 amended to read:
6 372.6672 Wild alligator management and trapping
7 program implementation; commission authority.--
8 (1) For the purposes of this section, "wild alligator"
9 means any alligator not bred, raised, harvested, or used on a
10 farm.
11 (2)(1) In any wild alligator management and trapping
12 program that the Game and Fresh Water Fish Commission shall
13 establish, the commission shall have the authority to adopt
14 all rules necessary for full and complete implementation of
15 such wild alligator management and trapping program, and, in
16 order to ensure its lawful, safe, and efficient operation in
17 accordance therewith, may:
18 (a) Regulate the marketing and sale of wild
19 alligators, their hides, eggs, meat, and byproducts, including
20 the development and maintenance of a state-sanctioned sale.
21 (b) Regulate the handling and processing of wild
22 alligators, their eggs, hides, meat, and byproducts, for the
23 lawful, safe, and sanitary handling and processing of same.
24 (c) Regulate commercial alligator farming facilities
25 and operations for the captive propagation and rearing of
26 alligators and their eggs.
27 (c)(d) Provide hide-grading services by two or more
28 individuals pursuant to state-sanctioned sales if rules are
29 first promulgated by the commission governing:
30 1. All grading-related services to be provided
31 pursuant to this section;
36
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 2. Criteria for qualifications of persons to serve as
2 hide-graders for grading services to be provided pursuant to
3 this section; and
4 3. The certification process by which hide-graders
5 providing services pursuant to this section will be certified.
6 (d)(e) Provide sales-related services by contract
7 pursuant to state-sanctioned sales if rules governing such
8 services are first promulgated by the commission.
9 (3)(2) All contractors of the commission for the
10 grading, marketing, and sale of alligators and their hides,
11 eggs, meat, and byproducts shall not engage in any act
12 constituting a conflict of interest under part III of chapter
13 112.
14 (4)(3) The commission shall provide adequate notice of
15 state-sanctioned sales and may maintain a list of known hide
16 buyers and provide notice of state sales by mail. Nothing
17 herein shall authorize the commission to engage in marketing
18 or promotion of the sale of alligator hides or products other
19 than by providing the public notice described herein. The
20 commission is authorized to market alligator hides or products
21 obtained as a result of its law enforcement actions or its
22 nuisance alligator control programs.
23 (5)(4) The powers and duties of the commission
24 hereunder shall not be construed so as to supersede the
25 regulatory authority or lawful responsibility of the
26 Department of Health and Rehabilitative Services, the
27 Department of Agriculture and Consumer Services, or any local
28 governmental entity regarding the processing or handling of
29 food products, but shall be deemed supplemental thereto.
30 Section 21. Subsection (5) is added to section
31 403.0885, Florida Statutes, to read:
37
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 403.0885 Establishment of federally approved state
2 National Pollutant Discharge Elimination System (NPDES)
3 Program.--
4 (5) Certified aquaculture operations under s. 597.004
5 whose annual production and water discharge are less than the
6 parameters established by the NPDES program are exempt from
7 wastewater management regulations if the operations follow
8 available best management practices, including, but not
9 limited to, those listed in the Department of Agriculture and
10 Consumer Services' publication number M90G7, entitled "Best
11 Management Practices for Aquaculture Water Quality."
12 Section 22. Section 597.002, Florida Statutes, is
13 amended to read:
14 597.002 Legislative declaration of public policy
15 respecting aquaculture.--The Legislature declares that
16 aquaculture is agriculture and, as such, the Department of
17 Agriculture and Consumer Services shall be the primary agency
18 responsible for regulating aquaculture, any other law to the
19 contrary notwithstanding. The only exceptions are those areas
20 required by federal law, rule, or cooperative agreement to be
21 regulated by another agency. The Legislature declares that, in
22 order to effectively support the growth of aquaculture in this
23 state, there is a need for a state aquaculture plan that will
24 provide for the coordination and prioritization of state
25 aquaculture efforts and the conservation and enhancement of
26 aquatic resources and will provide mechanisms for increasing
27 aquaculture production which may lead to the creation of new
28 industries, job opportunities, income for aquaculturists, and
29 other benefits to the state. The state aquaculture plan shall
30 guide the research and development of the aquaculture
31 industry. Funds designated by the Legislature for aquaculture
38
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 research and development or for contracting for aquaculture
2 research and development shall be used to address the projects
3 and activities designated in the state aquaculture plan. Any
4 entity receiving legislative funding for aquaculture research
5 and development programs shall report annually to the
6 department all activities related to aquaculture to facilitate
7 coordination and compliance with the state aquaculture plan.
8 Section 23. Paragraph (j) is added to subsection (1)
9 of section 597.003, Florida Statutes, to read:
10 597.003 Powers and duties of Department of Agriculture
11 and Consumer Services.--
12 (1) The department is hereby designated as the lead
13 agency in encouraging the development of aquaculture in the
14 state and shall have and exercise the following functions,
15 powers, and duties with regard to aquaculture:
16 (j) Issue or deny any license or permit authorized or
17 delegated to the department by the Legislature or through
18 memorandum of understanding with other state or federal
19 agencies that furthers the intent of the Legislature to place
20 the regulation of aquaculture in the department.
21 Section 24. Section 597.004, Florida Statutes, is
22 amended to read:
23 597.004 Aquaculture certificate of registration.--
24 (1) CERTIFICATION.--
25 (a) Any person engaging in aquaculture must be
26 certified by the department. The applicant for a certificate
27 of registration shall submit the following to the department:
28 1. Applicant's name/title.
29 2. Company name.
30 3. Complete mailing address.
31
39
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 4. Legal property description of all aquaculture
2 facilities.
3 5. Description of production facilities.
4 6. Aquaculture products to be produced.
5 7. Fifty dollar annual registration fee, effective
6 July 1, 1997.
7 (b) Any aquatic plant producer permitted certified by
8 the Game and Fresh Water Fish Commission department pursuant
9 to s. 369.25 shall also be issued an aquaculture certificate
10 of registration.
11 (c) Any alligator producer with an alligator farming
12 license and permit to establish and operate an alligator farm
13 pursuant to the provisions and rules of chapter 372 shall be
14 issued an aquaculture certificate of registration.
15 (2) FEES.--
16 (a) Effective July 1, 1997, all fees collected
17 pursuant to this section shall be deposited into the General
18 Inspection Trust Fund in the Department of Agriculture and
19 Consumer Services.
20 (b) For each aquaculture certificate of registration
21 issued pursuant to this section for freshwater fish operations
22 under chapter 372, $40 shall be deposited into the State Game
23 Trust Fund in the Game and Fresh Water Fish Commission from
24 the General Inspection Trust Fund in the Department of
25 Agriculture and Consumer Services.
26 (3) IDENTIFICATION OF AQUACULTURE
27 PRODUCTS.--Aquaculture products shall be identified while
28 possessed, processed, transported, or sold as provided in this
29 subsection, except those subject to the requirements of
30 chapter 372 and the rules of the Game and Fresh Water Fish
31 Commission as they relate to alligators only.
40
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 (a) Aquaculture products shall be identified by an
2 aquaculture certificate of registration number from harvest to
3 point of sale. Any person who possesses aquaculture products
4 must show, by appropriate receipt, bill of sale, bill of
5 lading, or other such manifest where the product originated.
6 (b) Marine aquaculture products shall be transported
7 in containers that separate such product from wild stocks, and
8 shall be identified by tags or labels that are securely
9 attached and clearly displayed.
10 (c) Each aquaculture registrant who sells food
11 products labeled as "aquaculture or farm raised" must have
12 such products containerized and clearly labeled in accordance
13 with s. 500.11. Label information must include the name,
14 address, and aquaculture certification number. This
15 requirement is designed to segregate the identity of wild and
16 aquaculture products.
17 (4) SALE OF AQUACULTURE PRODUCTS.--
18 (a) Aquaculture products, except shellfish, snook, and
19 endangered or threatened freshwater aquatic species identified
20 in chapter 372 and rules of the Game and Fresh Water Fish
21 Commission, may be sold without restriction so long as product
22 origin can be identified.
23 (b) Aquaculture shellfish must be sold and handled in
24 accordance with shellfish handling regulations of the
25 Department of Environmental Protection established to protect
26 public health.
27 (5) REGISTRATION AND RENEWALS.--
28 (a) Not later than December 1, 1996, Each aquaculture
29 producer must apply for an aquaculture certificate of
30 registration with the department and submit the appropriate
31 fee. Upon department approval, the department shall issue the
41
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 applicant an aquaculture certificate of registration only for
2 a the period of 1 year covering December 1, 1996, through June
3 30, 1997. The department shall not require a registration fee
4 only for the period covering December 1, 1996, through June
5 30, 1997. However, Beginning July 1, 1997, and each year
6 thereafter, each aquaculture certificate of registration must
7 be renewed with fee, pursuant to this chapter, on July 1.
8 (b) No later than October 1, 1996, The department
9 shall send notices of registration to all aquaculture
10 producers of record requiring them to register for an
11 aquaculture certificate. Thereafter, the department shall send
12 a Renewal notices shall be sent notice to the registrant 60
13 days preceding the termination date of the certificate of
14 registration. Prior to the termination date, the registrant
15 must return a completed renewal form with fee, pursuant to
16 this chapter, to the department.
17 Section 25. (1) The amendments to ss. 370.027,
18 370.06, 370.26, 372.0225, 372.65, 372.6672, 403.0885, 597.002,
19 597.003, and 597.004, Florida Statutes, by this act are to
20 implement Specific Appropriations 1116 and 1118 of the
21 1998-1999 General Appropriations Act.
22 (2) The amendments to ss. 370.027, 370.06, 370.26,
23 372.0225, 372.65, 372.6672, 403.0885, 597.002, 597.003, and
24 597.004, Florida Statutes, by this act shall expire June 30,
25 1999, and the text of said sections shall revert to that in
26 existence on June 30, 1998, except that any amendments to such
27 text enacted other than by this act shall be preserved and
28 continue to operate to the extent that such amendments are not
29 dependent upon the portions of said text which expire pursuant
30 to the provisions of this act. The Statutory Revision Division
31 of the Joint Legislative Management Committee, or its
42
CODING: Words stricken are deletions; words underlined are additions.
HB 4213, First Engrossed
1 successor, shall include in an appropriate reviser's bill any
2 amendments to said sections which are necessary to give effect
3 to the legislative intent expressed in this section.
4 Section 26. A section of this act that implements a
5 specific appropriation or specifically identified proviso
6 language in the 1998-1999 General Appropriations Act is void
7 if the specific appropriation or specifically identified
8 proviso language is vetoed. A section of this act that
9 implements more than one specific appropriation or more than
10 one portion of specifically identified proviso language in the
11 1998-1999 General Appropriations Act is void if all the
12 specific appropriations or portions of specifically identified
13 proviso language are vetoed.
14 Section 27. If any other act passed during the 1998
15 Regular Session of the Legislature or any extension thereof
16 contains a provision which is substantively the same as a
17 provision in this act, but which removes or is otherwise not
18 subject to the future repeal applied to such provision by this
19 act, the Legislature intends that the provision in the other
20 act shall take precedence and shall continue to operate,
21 notwithstanding the future repeal provided by this act.
22 Section 28. If any provision of this act or the
23 application thereof to any person or circumstance is held
24 invalid, the invalidity shall not affect other provisions or
25 applications of the act which can be given effect without the
26 invalid provision or application, and to this end the
27 provisions of this act are declared severable.
28 Section 29. This act shall take effect July 1, 1998;
29 or, in the event this act fails to become a law until after
30 that date, it shall operate retroactively thereto.
31
43