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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Water & Resource Management offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsection (4) of section 370.027, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         370.027  Rulemaking authority with respect to marine

21  life.--

22         (4)  Marine aquaculture producers shall be regulated by

23  the Department of Agriculture and Consumer Services. The Fish

24  and Wildlife Conservation Commission shall adopt rules, by

25  March 1, 2000, to regulate the sale of farmed red drum and

26  spotted sea trout. These rules shall specifically provide for

27  the protection of the wild resource, without restricting a

28  certified aquaculture producer pursuant to s. 597.004 from

29  being able to sell farmed fish. To that extent, these rules

30  must only require that farmed fish be kept separate from wild

31  fish and be fed commercial feed, that farmed fish be placed in

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  sealed containers, that these sealed containers must have the

 2  name, address, telephone number and aquaculture certificate

 3  number, issued pursuant to s. 597.004, of the farmer clearly

 4  and indelibly placed on the container, and that this

 5  information must accompany the fish to the ultimate point of

 6  sale. Marine aquaculture products produced by a marine

 7  aquaculture producer, certified pursuant to s. 597.004, are

 8  exempt from Fish and Wildlife Conservation Marine Fisheries

 9  Commission resource management rules, with the exception of

10  such rules governing any fish of the genus Centropomus

11  (snook), the genus Sciaenops (red drum), or the genus

12  Cynoscion (spotted sea trout).  Marine Fisheries Commission

13  rules relating to the aquacultural production of red drum and

14  spotted sea trout must be developed and adopted by the

15  commission no later than 1 year from October 1, 1996. By July

16  1, 2000, the Fish and Wildlife Conservation Commission shall

17  develop procedures to allow persons possessing a valid

18  aquaculture certificate of registration to sell and transport

19  live snook produced in private ponds or private hatcheries as

20  brood stock, to stock private ponds, or for aquarium display

21  consistent with the provisions of Rule 39-23.009, Florida

22  Administrative Code.

23         Section 2.  Paragraphs (b) and (d) of subsection (4) of

24  section 370.06, Florida Statutes, 1998 Supplement, are amended

25  to read:

26         370.06  Licenses.--

27         (4)  SPECIAL ACTIVITY LICENSES.--

28         (b)  The Fish and Wildlife Conservation Commission

29  department is authorized to issue special activity licenses in

30  accordance with this section and s. 370.31, to permit the

31  importation and, possession, and aquaculture of wild

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  anadromous sturgeon. The commission is also authorized to

 2  issue special activity licenses, in accordance with this

 3  section and s. 370.31, to permit the importation, possession,

 4  and aquaculture of native and nonnative anadromous sturgeon

 5  until best-management practices are implemented for the

 6  cultivation of anadromous sturgeon pursuant to s. 597.004. The

 7  special activity license shall provide for specific management

 8  practices to prevent the release and escape of cultured

 9  anadromous sturgeon and to protect indigenous populations of

10  saltwater species.

11         (d)  The conditions and specific management practices

12  established in this section shall may be incorporated into

13  permits and authorizations issued pursuant to chapter 253,

14  chapter 373, chapter 403, or this chapter, when incorporating

15  such provisions is in accordance with the aquaculture permit

16  consolidation procedures. No separate issuance of a special

17  activity license is required when conditions and specific

18  management practices are incorporated into permits or

19  authorizations under this paragraph. Implementation of this

20  section to consolidate permitting actions does not constitute

21  rules within the meaning of s. 120.52.

22         Section 3.  Subsection (2) of section 370.10, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         370.10  Crustacea, marine animals, fish; regulations;

25  general provisions.--

26         (2)  TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

27  AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

28  PURPOSES.--Notwithstanding any other provisions of general or

29  special law to the contrary, the Fish and Wildlife

30  Conservation Commission department may authorize, upon such

31  terms, conditions, and restrictions as it may prescribe by

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  rule, any properly accredited person to harvest or possess

 2  indigenous or nonindigenous saltwater species for

 3  experimental, scientific, education, and exhibition purposes

 4  or to harvest or possess reasonable quantities of aquacultural

 5  species for brood stock. Such authorizations shall allow

 6  persons harvesting species for aquacultural purposes to use

 7  special gear. Such authorizations may allow collection of

 8  specimens without regard to, and not limited to, size,

 9  seasonal closure, collection method, reproductive state, or

10  bag limit. Authorizations issued under the provisions of this

11  section may be suspended or revoked by the Fish and Wildlife

12  Conservation Commission department if it finds that the person

13  has violated this section, Fish and Wildlife Conservation

14  Commission department rules or orders, or terms or conditions

15  of the authorization or has submitted false or inaccurate

16  information in his or her application.

17         Section 4.  Present subsections (3) and (4) of section

18  370.1107, Florida Statutes, are renumbered as subsections (4)

19  and (5), respectively, and a new subsection (3) is added to

20  that section to read:

21         370.1107  Definition; possession of certain licensed

22  traps prohibited; penalties; exceptions; consent.--

23         (3)  It is unlawful for any person, firm, corporation,

24  or association to possess, attempt to possess, interfere with,

25  attempt to interfere with, or remove live bait from a live

26  bait trap or cage of another person, firm, corporation, or

27  association. Unlawful possession of one or more live bait

28  traps or cages is a misdemeanor of the first degree,

29  punishable as provided in s. 775.082 or s. 775.083.

30         Section 5.  Paragraphs (a) and (b) of subsection (1) of

31  section 370.26, Florida Statutes, 1998 Supplement, are amended

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  to read:

 2         370.26  Aquaculture definitions; marine aquaculture

 3  products, producers, and facilities.--

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

 5         (a)  "Marine aquaculture product facility" means a

 6  facility built and operated for the purpose of producing

 7  marine aquaculture products. Marine aquaculture product

 8  facilities contain culture systems such as, but not limited

 9  to, ponds, tanks, raceways, cages, and bags used for

10  commercial production, propagation, growout, or product

11  enhancement of marine products. Marine aquaculture product

12  facilities specifically do not include:

13         1.  Facilities that maintain marine aquatic organisms

14  exclusively for the purpose of shipping, distribution,

15  marketing, or wholesale and retail sales;

16         2.  Facilities that maintain marine aquatic organisms

17  for noncommercial, education, exhibition, or scientific

18  purposes;

19         3.  Facilities in which the activity does not require

20  an aquaculture certification pursuant to s. 597.004; or

21         4.  Facilities used by marine aquarium hobbyists.

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

23  holding an aquaculture certificate pursuant to s. 597.004 to

24  produce marine aquaculture products for sale.

25         Section 6.  Section 370.31, Florida Statutes, is

26  amended to read:

27         370.31  Commercial production of sturgeon.--

28         (1)  INTENT.--The Legislature finds and declares that

29  there is a need to encourage the continuation and advancement

30  of work being done on aquaculture sturgeon production in

31  keeping with the state's legislative public policy regarding

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  aquaculture provided in chapter 597.  It also finds that it is

 2  in the state's economic interest to promote the commercial

 3  production and stock enhancement of sturgeon.  It is therefore

 4  the intent of the Legislature to hereby create a Sturgeon

 5  Production Working Group.

 6         (2)  CREATION.--The Sturgeon Production Working Group

 7  is created within the Department of Environmental Protection

 8  and shall be composed of six members as follows:

 9         (a)  The head of the sturgeon research program or

10  designee from the University of Florida, Institute of Food and

11  Agricultural Sciences.  Such member shall be appointed by the

12  University of Florida's Vice President for Agricultural

13  Affairs.

14         (b)  One representative from the Department of

15  Environmental Protection to be appointed by the Secretary of

16  Environmental Protection.

17         (c)  One representative from the Fish and Wildlife

18  Conservation Game and Fresh Water Fish Commission to be

19  appointed by the executive director of the Fish and Wildlife

20  Conservation Game and Fresh Water Fish Commission.

21         (d)  One representative from the Department of

22  Agriculture and Consumer Services to be appointed by the

23  Commissioner of Agriculture.

24         (e)  Two representatives from the aquaculture industry

25  to be appointed by the Aquaculture Review Council.

26         (3)  MEETINGS; PROCEDURES; RECORDS.--The working group

27  shall meet at least twice a year and elect, by a quorum, a

28  chair, vice chair, and secretary. However, the working group

29  shall call its first meeting within 1 month after October 1,

30  1996.

31         (a)  The chair of the working group shall preside at

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  all meetings and shall call a meeting as often as necessary to

 2  carry out the provisions of this section.  To call a meeting,

 3  the chair shall solicit an agreement to meet from at least two

 4  other working group members and then notify any remaining

 5  members of the meeting.

 6         (b)  The secretary shall keep a complete record of the

 7  proceedings of each meeting, which includes the names of the

 8  members present at each meeting and the actions taken.  Such

 9  records shall be kept on file with the Department of

10  Environmental Protection with copies filed with the Department

11  of Fisheries and Aquatic Sciences Aquatics at the University

12  of Florida.  The records shall be public records pursuant to

13  chapter 119.

14         (c)  A quorum shall consist of one representative from

15  the Department of Environmental Protection, one representative

16  from the Institute of Food and Agricultural Sciences, and at

17  least two other members.

18         (4)  PURPOSE AND RESPONSIBILITIES.--The purpose of the

19  Sturgeon Production Working Group is to coordinate the

20  implementation of establish a state sturgeon production

21  management plan aquaculture program to promote the commercial

22  production and stock enhancement of sturgeon in Florida.  In

23  carrying out this purpose, the working group shall:

24         (a)  Establish a state sturgeon production management

25  plan aquaculture program to inform public or private

26  interested parties of how to aquaculturally produce sturgeon

27  for commercial purposes and for stock enhancement.  The

28  sturgeon production management plan program shall:

29         1.  Provide the regulatory policies for the commercial

30  production of Determine how sturgeon can be produced

31  commercially for its meat and roe, including a strategy for

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  obtaining the required permits, licenses, authorizations, or

 2  certificates in the state.

 3         2.  Provide the management practices for culturing

 4  sturgeon and ensure that aquacultural development does not

 5  impede the recovery and conservation of wild sturgeon

 6  populations.

 7         3.  Establish priorities for research needed to support

 8  the commercial production of sturgeon and the recovery of

 9  native stocks in the state.

10         (b)  Support management strategies to permit the

11  commercial production of native and nonnative sturgeon,

12  including the distribution of captive-bred Gulf sturgeon to

13  approved certified aquaculture facilities.

14         (c)  Support the development of a cooperative sturgeon

15  conservation program to coordinate conservation, habitat, and

16  resource management programs for native sturgeon, including an

17  evaluation of how stock enhancement can facilitate the

18  conservation and recovery of native sturgeon populations.

19         (d)  Seek federal cooperation to implement the sturgeon

20  production management plan, including federal designation of

21  captive-bred sturgeon as distinct population segments to

22  distinguish cultivated stocks from wild native populations.

23         (e)  Develop enforcement guidelines to ensure continued

24  protection of wild native sturgeon populations.

25         (f)  In furtherance of the purposes and

26  responsibilities of the Sturgeon Production Working Group, the

27  state shall:

28         1.  Establish a program to coordinate conservation and

29  aquaculture activities for native sturgeon.

30         2.  Develop a conservation plan for native sturgeon.

31         3.  Initiate the process to petition for delisting

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  captive-bred shortnose sturgeon.

 2         4.  Initiate the process to petition for delisting

 3  captive-bred Gulf sturgeon.

 4         (g)  Establish a sturgeon broodstock committee composed

 5  of fishery scientists, fish farmers, and agency

 6  representatives to manage the taking of wild sturgeon for

 7  brood fish and spawning.

 8         (h)  Establish the Cooperative Broodstock Development

 9  and Husbandry Board composed of fishery scientists, fish

10  farmers, and agency representatives to establish standards and

11  criteria for the management and maintenance of captive-reared

12  sturgeon, to collect biological data, and to administer the

13  Cooperative Broodstock Development and Husbandry Program.

14         2.  Determine how sturgeon can be used for stock

15  enhancement in areas designated by the Department of

16  Environmental Protection in consultation with the Sturgeon

17  Production Working Group. 

18         (b)  Seek federal help and cooperation in obtaining the

19  appropriate permits to establish the state sturgeon

20  aquaculture program.

21         (c)  Prepare a state sturgeon production and stock

22  enhancement plan to implement the state sturgeon aquaculture

23  program.  The plan shall include, but not be limited to, the

24  following:

25         1.  Research needed to support the commercial

26  production of sturgeon for meat and roe and stock enhancement

27  in the state.

28         2.  Studies needed to determine the economic impact on

29  the state and the best marketing strategies for producing

30  sturgeon for its meat and roe.

31         3.  Permits and other requirements currently needed to

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  commercially produce sturgeon and enhance sturgeon stock in

 2  the state and a strategy for obtaining such permits or

 3  requirements.

 4         4.  The timetable for implementation and completion of

 5  the plan's components.

 6         5.  The implementation date for the state sturgeon

 7  aquaculture program.

 8         (d)  Prepare a report to be submitted within 1 year

 9  after October 1, 1996, to the Governor, the President of the

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

11  chairs of the legislative ways and means, appropriations, and

12  agriculture committees.  This report shall include, but not be

13  limited to:

14         1.  The status of the state sturgeon aquaculture

15  program.

16         2.  The status of the state sturgeon production and

17  stock enhancement plan.

18         3.  Other Florida public or private agencies, if any,

19  doing research on sturgeon production.

20         4.  Any recommendations necessary to carry out the

21  purpose of this section.

22         Section 7.  Subsection (2) of section 372.0225, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         372.0225  Freshwater organisms.--

25         (2)  The responsibility with which the Division of

26  Freshwater Fisheries is charged under subsection (1) shall in

27  no way supersede or duplicate the responsibilities of the

28  Department of Agriculture and Consumer Services under chapter

29  500, the Florida Food Safety Act, chapter 597, the Florida

30  Aquaculture Policy Act, and the rules adopted thereunder under

31  that chapter.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1         Section 8.  Paragraph (g) of subsection (1) of section

 2  372.65, Florida Statutes, 1998 Supplement, is amended to read:

 3         372.65  Freshwater fish dealer's license.--

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

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

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

 7  nonindigenous fish, until such person has obtained a license

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

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

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

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

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

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

14  identification card issued by the commission.  Such license is

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

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

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

18  officers when such person is found engaging in such business

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

20  permitted under particular licenses are as follows:

21         (g)  Any individual or business issued an aquaculture

22  certificate, pursuant to s. 597.004, shall be exempt from the

23  requirements of this chapter with respect to aquaculture

24  products authorized under such certificate. The commission is

25  authorized to require that cultured game fish sold be tagged

26  and to assess a fee of not more than 5 cents for each tag,

27  which shall be furnished by the commission.

28         Section 9.  Subsection (2) of section 597.0015, Florida

29  Statutes, is amended to read:

30         597.0015  Definitions.--For purposes of this chapter,

31  the following terms shall have the following meanings:

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1         (2)  "Aquaculture producers" means those persons

 2  engaging in the production and sale of aquaculture products

 3  and certified under s. 597.004.

 4         Section 10.  Paragraphs (b), (c), (d), and (h) of

 5  subsection (2), subsection (4), paragraph (a) of subsection

 6  (5), and subsection (6) of section 597.004, Florida Statutes,

 7  1998 Supplement, are amended to read:

 8         597.004  Aquaculture certificate of registration.--

 9         (2)  NONSHELLFISH CERTIFICATION.--

10         (b)  The department, in consultation with the

11  Department of Environmental Protection, the water management

12  districts, environmental groups, and representatives from the

13  affected farming groups, shall adopt rules to:

14         1.  Specify the requirement of best-management

15  practices to be implemented by holders of aquaculture

16  certificates of registration property owners and leaseholders.

17         2.  Establish procedures for holders of aquaculture

18  certificates of registration property owners and leaseholders

19  to submit the notice of intent to comply with best-management

20  practices.

21         3.  Establish schedules for implementation of

22  best-management practices, and of interim measures that can be

23  taken prior to adoption of best-management practices. Interim

24  measures may include the continuation of regulatory

25  requirements in effect on June 30, 1998.

26         4.  Establish a system to assure the implementation of

27  best-management practices, including recordkeeping

28  requirements.

29         Rules adopted pursuant to this subsection shall become

30  effective pursuant to the applicable provisions of chapter

31  120, but must be submitted to the President of the Senate and

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  the Speaker of the House of Representatives for review by the

 2  Legislature.  The rules shall be referred to the appropriate

 3  committees of substance and scheduled for review during the

 4  first available regular session following adoption.  Except as

 5  otherwise provided by operation of law, such rules shall

 6  remain in effect until rejected or modified by act of the

 7  Legislature.

 8         (c)  Notwithstanding any provision of law, the

 9  Department of Environmental Protection is not authorized to

10  institute proceedings against any person certified under this

11  section to recover any costs or damages associated with

12  contamination of groundwater or surface water, or the

13  evaluation, assessment, or remediation of contamination of

14  groundwater or surface water, including sampling, analysis,

15  and restoration of potable water supplies, where the

16  contamination of groundwater or surface water is determined to

17  be the result of aquaculture practices, provided the holder of

18  an aquaculture certificate of registration property owner or

19  leaseholder:

20         1.  Provides the department with a notice of intent to

21  implement applicable best-management practices adopted by the

22  department;

23         2.  Implements applicable best-management practices as

24  soon as practicable according to rules adopted by the

25  department; and

26         3.  Implements practicable interim measures identified

27  and adopted by the department which can be implemented

28  immediately, or according to rules adopted by the department.

29         (d)  There is a presumption of compliance with state

30  groundwater and surface water standards if the holder of an

31  aquaculture certificate of registration property owner or

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  leaseholder implements best-management practices that have

 2  been verified by the Department of Environmental Protection to

 3  be effective at representative sites and complies with the

 4  following:

 5         1.  Provides the department with a notice of intent to

 6  implement applicable best-management practices adopted by the

 7  department;

 8         2.  Implements applicable best-management practices as

 9  soon as practicable according to rules adopted by the

10  department; and

11         3.  Implements practicable interim measures identified

12  and adopted by the department which can be implemented

13  immediately, or according to rules adopted by the department.

14         (h)  Any alligator producer with an alligator farming

15  license and permit to establish and operate an alligator farm

16  shall be issued an aquaculture certificate of registration

17  pursuant to subsection (1) above. This chapter does not

18  supersede the authority under chapter 372, chapter 373, or

19  chapter 403 to regulate alligator farms and alligator farmers.

20         (4)  IDENTIFICATION OF AQUACULTURE

21  PRODUCTS.--Aquaculture products shall be identified while

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

23  subsection, except those subject to the requirements of

24  chapter 372 and the rules of the Fish and Wildlife

25  Conservation Game and Fresh Water Fish Commission as they

26  relate to alligators only.

27         (a)  Aquaculture products shall be identified by an

28  aquaculture certificate of registration number from harvest to

29  point of sale.  Any person who possesses aquaculture products

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

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1         (b)  Marine aquaculture products shall be transported

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

 3  shall be identified by tags or labels that are securely

 4  attached and clearly displayed.

 5         (c)  Each aquaculture registrant who sells food

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

 7  such products containerized and clearly labeled in accordance

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

 9  address, and aquaculture certification number.  This

10  requirement is designed to segregate the identity of wild and

11  aquaculture products.

12         (5)  SALE OF AQUACULTURE PRODUCTS.--

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

14  any fish of the genus Micropterus, and prohibited and

15  restricted freshwater and marine species identified by snook,

16  spotted sea trout, red drum, and freshwater aquatic species

17  identified in chapter 372 and rules of the Fish and Wildlife

18  Conservation Game and Fresh Water Fish Commission, may be sold

19  by an aquaculture producer certified pursuant to s. 597.004

20  without restriction so long as product origin can be

21  identified.

22         (6)  REGISTRATION AND RENEWALS.--

23         (a)  Each aquaculture producer must apply for an

24  aquaculture certificate of registration with the department

25  and submit the appropriate fee. Upon department approval, the

26  department shall issue the applicant an aquaculture

27  certificate of registration for a period not to exceed of 1

28  year. Beginning July 1, 1997, and each year thereafter, each

29  aquaculture certificate of registration must be renewed with

30  fee, pursuant to this chapter, on July 1.

31         (b)  The department shall send notices of registration

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  to all aquaculture producers of record requiring them to

 2  register for an aquaculture certificate. Renewal notices shall

 3  be sent to the registrant 60 days preceding the termination

 4  date of the certificate of registration.  Prior to the

 5  termination date, the registrant must return a completed

 6  renewal form with fee, pursuant to this chapter, to the

 7  department.

 8         (c)  Any person whose certificate of registration has

 9  been revoked or suspended must reapply to the department for

10  certification.

11         Section 11.  Subsection (3) of section 597.0041,

12  Florida Statutes, is amended to read:

13         597.0041  Prohibited acts; penalties.--

14         (3)  Any person certified under this chapter who has

15  been convicted of taking aquaculture species raised at a

16  certified facility shall have his or her certificate license

17  revoked for 5 years by the Department of Agriculture and

18  Consumer Services pursuant to the provisions and procedures of

19  s. 120.60.

20         Section 12.  Section 597.0045, Florida Statutes, is

21  created to read:

22         597.0045  Cultured shellfish theft reward

23  program.--There is created a cultured shellfish theft reward

24  program, to be administered by the department, for the purpose

25  of granting rewards to persons who provide information leading

26  to the arrest and conviction of individuals illegally

27  possessing, harvesting, or attempting to harvest cultured

28  shellfish.

29         (1)  Each person who provides information leading to

30  the arrest and conviction of an individual or individuals for

31  illegally possessing, harvesting, or attempting to harvest

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1  cultured shellfish and for whom the respective state attorney

 2  notifies the department of such assistance, in writing, shall

 3  be eligible for a reward of up to $2,500; except that law

 4  enforcement officers and department personnel, and members of

 5  their immediate families, shall not be eligible for rewards

 6  under the program. The department shall, by rule, establish a

 7  graduated reward payout schedule.

 8         (2)  The General Inspection Trust Fund of the

 9  department may be used for the cultured shellfish theft reward

10  program, for deposit of general revenue funds and donations

11  received from interested individuals, and for granting rewards

12  to persons who provide information leading to the arrest and

13  conviction of persons illegally possessing, harvesting, or

14  attempting to harvest cultured shellfish. The granting of

15  rewards shall be subject to legislative appropriations to fund

16  the program.

17         (3)  The department may promote the cultured shellfish

18  theft reward program to provide for public recognition of the

19  rewards and to improve compliance with laws prohibiting

20  illegal possession and harvesting of cultured shellfish.

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

22  application thereof to any person or circumstances is held

23  invalid, the invalidity does not affect other provisions or

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

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable.

27         Section 14.  Notwithstanding any other legislation

28  passed and either signed by the Governor or allowed to become

29  law without signature to the contrary, the Legislature intends

30  that this bill be its full and total intent, regardless of

31  when it is presented to the Secretary of State.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1         Section 15.  This act shall take effect July 1, 1999.

 2

 3

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

 5  And the title is amended as follows:

 6         On page 1, line 2, through page 2, line 7,

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

 8

 9  and insert in lieu thereof:

10         An act relating to aquaculture; amending s.

11         370.027, F.S.; providing that marine

12         aquaculture products are exempt from Fish and

13         Wildlife Conservation Commission resource

14         management rules, except for snook; amending s.

15         370.06, F.S.; authorizing the Fish and Wildlife

16         Conservation Commission to issue special

17         activity permits for importation and possession

18         of sturgeon; requiring that specific management

19         practices be incorporated into special activity

20         licenses; amending s. 370.10, F.S.; authorizing

21         the taking of saltwater species for

22         aquacultural purposes; amending s. 370.1107,

23         F.S.; making it unlawful to interfere with live

24         bait traps; amending s. 370.26, F.S.;

25         redefining the terms "marine product facility"

26         and "marine aquaculture producer"; amending s.

27         370.31, F.S.; providing responsibilities for

28         the Sturgeon Production Working Group; amending

29         s. 372.0025, F.S.; providing for regulatory

30         responsibilities over the Florida Aquaculture

31         Policy Act; amending s. 372.65, F.S.; providing

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1143

    Amendment No. 01 (for drafter's use only)





 1         for an exemption; amending s. 597.0015, F.S.;

 2         redefining the term "aquaculture producers";

 3         amending s. 597.004, F.S.; providing for

 4         restrictions on aquaculture certificates;

 5         amending s. 597.0041, F.S.; providing for the

 6         revocation of certificates; creating s.

 7         597.0045, F.S.; providing a cultured shellfish

 8         theft reward program; providing for

 9         administration; providing a severability

10         clause; providing an effective date.

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