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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5 ORIGINAL STAMP BELOW
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11 The Committee on Water & Resource Management offered the
12 following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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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
1
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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
2
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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
3
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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
4
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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
5
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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
6
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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
7
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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.
10
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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:
11
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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
12
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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
13
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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.
14
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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
16
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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.
17
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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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