House Bill 2145c1

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    Florida House of Representatives - 1999             CS/HB 2145

        By the Committees on Environmental Protection, Water &
    Resource Management and Representatives Alexander, Dockery and
    Kelly




  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; creating s. 20.331,

  4         F.S.; creating the Fish and Wildlife

  5         Conservation Commission; expressing legislative

  6         intent and constitutional intent; establishing

  7         administrative units within the new commission;

  8         establishing sources of funding; transferring

  9         the Game and Fresh Water Fish Commission, the

10         Marine Fisheries Commission, and various

11         bureaus of the Department of Environmental

12         Protection to the Fish and Wildlife

13         Conservation Commission; providing for

14         administrative transfer of certain offices;

15         providing legislative intent; providing for an

16         operating agreement and an annual work plan

17         regarding responsibilities shared by the

18         department and the commission; providing for

19         submission of the work plan to the Governor and

20         the Legislature; providing for a memorandum of

21         agreement between the commission and the

22         department regarding responsiblities of the

23         Florida Marine Research Institute to the

24         department; amending s. 20.255, F.S.; revising

25         language with respect to the administrative

26         makeup of the Department of Environmental

27         Protection to conform to the act; providing for

28         the appropriation of certain revenues and

29         federal funds to the commission; providing for

30         limitation on expenditures by the commission;

31         providing for the appointment of a working

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  1         group by the Executive Office of the Governor;

  2         amending s. 20.14, F.S.; adding a Division of

  3         Aquaculture of the Department of Agriculture

  4         and Consumer Services; amending s. 206.606,

  5         F.S.; adjusting distribution of fuel tax

  6         proceeds in conformance to the act to the

  7         commission; amending s. 320.08058, F.S.;

  8         conforming terminology to the act; amending s.

  9         327.02, F.S.; providing definitions and

10         repealing s. 327.02(6), F.S.; to remove

11         reference to the Department of Environmental

12         Protection; amending s. 327.25, F.S.; providing

13         for classification and registration of vessels;

14         adjusting location of antique license vessel

15         decal; amending s. 327.26, F.S.; providing for

16         stickers or emblems for the Save the Manatee

17         Trust Fund; amending s. 327.28, F.S.; providing

18         for the appropriation and distribution of

19         vessel registration funds; amending s. 327.30,

20         F.S.; providing requirements regarding

21         collisions, accidents, and casualties; amending

22         s. 327.35215, F.S.; providing penalties;

23         amending s. 327.395, F.S.; providing for

24         boating safety identification cards; amending

25         s. 327.41, F.S.; providing for uniform watering

26         regulatory markers; amending s. 327.43, F.S.;

27         providing for navigation channel requirements;

28         amending s. 327.46, F.S.; providing for the

29         establishment of restricted areas on the waters

30         of the state; amending s. 327.48, F.S.;

31         providing requirements for regattas, races,

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  1         marine parades, tournaments, or exhibitions;

  2         amending s. 327.70, F.S.; providing for the

  3         enforcement of chapters 327 and 328, F.S.;

  4         amending s. 327.71, F.S.; providing an

  5         exemption; amending s. 327.731, F.S.; providing

  6         for mandatory education for violators; amending

  7         s. 327.74, F.S.; providing for uniform boating

  8         citations; amending s. 327.803, F.S.; providing

  9         for a Boating Advisory Council; amending s.

10         327.804, F.S.; providing for statistics on

11         boating accidents and violations; amending s.

12         327.90, F.S.; providing for electronic or

13         telephonic transactions; amending s. 328.01,

14         F.S.; providing for application for certificate

15         of title; amending s. 339.281, F.S.; providing

16         for marine accident reports; amending s.

17         370.025, F.S.; providing marine policy and

18         standards, and rulemaking authority for the

19         Fish and Wildlife Conservation Commission;

20         repealing s. 370.027, F.S.; abolishing

21         rulemaking authority with respect to marine

22         life; amending s. 370.06, F.S.; transferring

23         responsibilities for issuing certain licenses

24         related to marine life to the Fish and Wildlife

25         Conservation Commission and the Department of

26         Agriculture and Consumer Services; amending s.

27         370.0608, F.S.; providing for the deposit of

28         license fees; allocating of federal funds;

29         amending s. 370.063, F.S.; correcting

30         references; deleting obsolete dates; adjusting

31         use of fees; amending s. 370.071, F.S.;

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  1         transferring responsibilities for the

  2         regulation of shellfish processors to the

  3         Department of Agriculture and Consumer

  4         Services; amending s. 370.12, F.S.; providing

  5         rulemaking guidance related to endangered

  6         marine mammals; correcting obsolete references;

  7         amending s. 370.26, F.S.; transferring certain

  8         activities related to aquaculture to the Fish

  9         and Wildlife Conservation Commission; amending

10         s. 372.072, F.S.; relating to the Endangered

11         and Threatened Species Act; correcting obsolete

12         references; amending s. 372.0725, F.S.;

13         providing penalties for the killing or wounding

14         of any species designated as endangered,

15         threatened, or of special concern; amending s.

16         372.073, F.S.; transferring responsibility for

17         the Endangered and Threatened Species Reward

18         Program to the Fish and Wildlife Conservation

19         Commission; amending s. 370.093, F.S.;

20         correcting cross references; repealing s.

21         20.325, F.S.; abolishing the Game and Fresh

22         Water Fish Commission; repealing s. 370.026,

23         F.S.; abolishing the Marine Fisheries

24         Commission; instructing Division of Statutory

25         Revision to draft reviser's bill for year 2000

26         Regular Session; providing an effective date.

27

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

29

30         Section 1.  Section 20.331, Florida Statutes, is

31  created to read:

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  1         20.331  Fish and Wildlife Conservation Commission.--

  2         (1)  The Legislature, recognizing the Fish and Wildlife

  3  Conservation Commission as being specifically authorized by

  4  the State Constitution under s. 9, Art. IV, grants rights and

  5  privileges to the commission, as contemplated by s. 6, Art. IV

  6  of the State Constitution, equal to those of departments

  7  established under this chapter, while preserving its

  8  constitutional designation and title as a commission.

  9         (2)  It shall be the mission of the Fish and Wildlife

10  Conservation Commission to manage, protect, conserve,

11  maintain, improve, and extend Florida's marine life,

12  freshwater aquatic life, and wildlife resources. The

13  commission shall ensure that Florida's marine life resources,

14  freshwater aquatic life, wildlife resources, and their

15  habitats are managed and conserved for optimum sustainability.

16  The commission additionally will ensure that the use and

17  development of these resources are in the best interest of all

18  the people of the State of Florida for current and future

19  generations.

20         (a)  The Fish and Wildlife Conservation Commission is

21  charged with the responsibility of exercising the regulatory

22  and executive authority of the state over wild animal life,

23  freshwater aquatic life, and marine life as authorized by s.

24  9, Art. IV of the State Constitution. The commission shall

25  have the power and authority to enforce throughout the state

26  all laws relating to game, nongame birds, freshwater aquatic

27  life, fur-bearing animals, marine life, and all commission

28  rules and regulations relating to wild animal life, freshwater

29  aquatic life, and marine life.

30         (b)  The Fish and Wildlife Conservation Commission is

31  charged with the responsibility of implementing management,

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  1  protection, and conservation measures to ensure the health and

  2  abundance of the wildlife resources, freshwater aquatic life,

  3  and marine life resources of the state. Management,

  4  protection, and conservation measures shall be based upon the

  5  best information available, including biological,

  6  sociological, economic and other data deemed relevant by the

  7  commission. Management, protection, and conservation measures

  8  shall be fair and equitable to all the people of the state and

  9  shall be carried out in such a manner that no individual,

10  corporation, or entity acquires an excessive share of

11  privileges.

12         (3)  The head of the Fish and Wildlife Conservation

13  Commission is the commission appointed by the Governor as

14  provided for in s. 9, Art. IV of the State Constitution.

15         (4)  The following administrative units are established

16  within the commission:

17         (a)  Division of Administrative Services.

18         (b)  Division of Law Enforcement, with a Bureau of

19  Marine Enforcement.

20         (c)  Division of Freshwater Fisheries.

21         (d)  Division of Marine Fisheries, with a Bureau of

22  Marine Fisheries Management and a Bureau of Marine Fisheries

23  Services.

24         (e)  Division of Wildlife.

25         (f)  Florida Marine Research Institute.

26

27  The bureaus and offices of the Game and Fresh Water Fish

28  Commission existing on February 1, 1999, are established

29  within the Fish and Wildlife Conservation Commission. Except

30  as authorized in this subsection, no additional bureaus or

31

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  1  offices may be established within the commission without

  2  specific authorization by the Legislature.

  3         (5)(a)  To aid the commission in the implementation of

  4  its constitutional and statutory duties, the Legislature

  5  authorizes the commission to appoint, fix the salary of, and

  6  at its pleasure, remove a person, not a member of the

  7  commission, as the executive director. The executive director

  8  shall be reimbursed for travel per diem and travel expenses,

  9  as provided in s. 112.061, incurred in the discharge of

10  official duties. The executive director shall maintain

11  headquarters and reside in Tallahassee.

12         (b)  Each new executive director must be confirmed by

13  the Senate during the legislative session immediately

14  following his or her hiring by the commission.

15         (6)  In further exercise of its duties, the Fish and

16  Wildlife Conservation Commission:

17         (a)  Shall assign to the Division of Freshwater

18  Fisheries and the Division of Marine Fisheries such powers,

19  duties, responsibilities, and functions as are necessary to

20  ensure compliance with the laws and rules governing the

21  management, protection, conservation, improvement, and

22  expansion of Florida's freshwater aquatic life and marine life

23  resources.

24         (b)  Shall assign to the Division of Wildlife such

25  powers, duties, responsibilities, and functions as are

26  necessary to ensure compliance with the laws and rules

27  governing the management, protection, conservation,

28  improvement, and expansion of Florida's wildlife resources.

29         (c)  Shall assign to the Division of Law Enforcement

30  such powers, duties, responsibilities, and functions as are

31  necessary to ensure enforcement of the laws and rules

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  1  governing the management, protection, conservation,

  2  improvement, and expansion of Florida's wildlife resources,

  3  freshwater aquatic life resources, and marine life resources.

  4  In performance of their duties as sworn law enforcement

  5  officers for the State of Florida, the division's officers

  6  also shall assist in the enforcement of all general

  7  environmental laws remaining under the responsibility of the

  8  Department of Environmental Protection.

  9         (d)  Shall assign to the Florida Marine Research

10  Institute such powers, duties, responsibilities, and functions

11  as are necessary to accomplish its mission. It shall be the

12  mission of the Florida Marine Research Institute to:

13         1.  Serve as the primary source of research and

14  technical information and expertise on the status of Florida's

15  saltwater resources;

16         2.  Monitor the status and health of saltwater habitat,

17  marine life, and wildlife;

18         3.  Develop and implement restoration techniques for

19  marine habitat and enhancement of saltwater plant and animal

20  populations;

21         4.  Respond and provide critical technical support for

22  marine catastrophes including oil spills, ship groundings,

23  major marine species die-offs, hazardous spills, and natural

24  disaster;

25         5.  Identify and monitor marine toxic red tides and

26  their impacts, and provide technical support for state and

27  local public health concerns; and

28         6.  Provide state and local governments with estuarine,

29  marine, coastal technical information and research results.

30         (7)(a)  Shall implement a system of adequate due

31  process procedures to be accorded to any party, as defined in

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  1  s. 120.52, whose substantial interests will be affected by any

  2  action of the Fish and Wildlife Conservation Commission in the

  3  performance of its constitutional duties or responsibilities.

  4         (b)  The Legislature encourages the commission to

  5  incorporate in its process the provisions of s. 120.54(3)(c)

  6  when adopting rules in the performance of its constitutional

  7  duties or responsibilities.

  8         (c)  The provisions of chapter 120 shall be accorded to

  9  any party whose substantial interests will be affected by any

10  action of the commission in the performance of its statutory

11  duties or responsibilities. For purposes of this subsection,

12  statutory duties or responsibilities include, but are not

13  limited to, the following:

14         1.  Research and management responsibilities for marine

15  species listed as endangered, threatened, or of special

16  concern, including, but not limited to, manatees and marine

17  turtles;

18         2.  Establishment and enforcement of boating safety

19  regulations;

20         3.  Land acquisition and management;

21         4.  Enforcement and collection of fees for all

22  recreational and commercial hunting or fishing licenses or

23  permits;

24         5.  Aquatic plant removal and management using fish as

25  a biological control agent;

26         6.  Enforcement of penalties for violations of

27  commission rules, including, but not limited to, the seizure

28  and forfeiture of vessels and other equipment used to commit

29  those violations;

30         7.  Establishment of free fishing days;

31         8.  Regulation of off-road vehicles on state lands;

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  1         9.  Establishment and coordination of a statewide

  2  hunter safety course;

  3         10.  Establishment of programs and activities to

  4  develop and distribute public education materials;

  5         11.  Police powers of wildlife and marine officers;

  6         12.  Establishment of citizen support organizations to

  7  provide assistance, funding, and promotional support for

  8  programs of the commission;

  9         13.  Creation of the Voluntary Authorized Hunter

10  Identification Program; and

11         14.  Regulation of required clothing of persons hunting

12  deer.

13         (d)  The commission is directed to provide a report on

14  the development and implementation of its adequate due process

15  provisions to the President of the Senate, the Speaker of the

16  House of Representatives, and the appropriate substantive

17  committees of the House of Representatives and the Senate no

18  later than December 1, 1999.

19         (8)  Comments submitted by the commission to a

20  permitting agency for applications for permits, licenses, or

21  authorizations impacting the commission's jurisdiction must be

22  based on credible, factual scientific data, and must be

23  received by the permitting agency within the time specified by

24  applicable statutes or rules, or within 30 days, whichever is

25  shorter. Comments provided by the commission are not binding

26  on the permitting agency. Should a permitting agency use the

27  commission's comments as a condition of denial, approval, or

28  modification of a proposed permit, license, or authorization,

29  any party to an administrative proceeding involving such

30  proposed action may require the commission to join as a party

31  in determining the validity of the condition. In any action

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  1  where the commission is joined as a party, the commission

  2  shall only bear the actual cost of defending the validity of

  3  the credible, factual scientific data used as a basis for its

  4  comments.

  5         (9)  Shall acquire, in the name of the state, lands and

  6  waters suitable for the protection, improvement, and

  7  restoration of marine life, wildlife resources, and freshwater

  8  aquatic life resources by purchase, lease, gift or otherwise,

  9  using state, federal, or other sources of funding. Lands

10  acquired under this section shall be managed for recreation

11  and other multiple-use activities that do not impede the

12  commission's ability to perform its constitutional and

13  statutory responsibilities and duties.

14         (10)  May require any employee of the commission to

15  give a bond for the faithful performance of duties. The

16  commission may determine the amount of the bond and must

17  approve the bond. In determining the amount of the bond, the

18  commission may consider the amount of money or property likely

19  to be in custody of the officer or employee at any one time.

20  The premiums for the bond must be paid out of the funds of the

21  commission.

22         Section 2.  The Game and Fresh Water Fish Commission is

23  transferred to the Fish and Wildlife Conservation Commission

24  by a type two transfer, as defined in s. 20.06(2), Florida

25  Statutes.

26         Section 3.  The Marine Fisheries Commission is

27  transferred to the Fish and Wildlife Conservation Commission

28  by a type two transfer, as defined in s. 20.06(2), Florida

29  Statutes.

30         Section 4.  (1)  The Bureau of Environmental Law

31  Enforcement, the Bureau of Administrative Support, the Bureau

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  1  of Operational Support, and the Office of Enforcement Planning

  2  and Policy Coordination within the Division of Law Enforcement

  3  at the Department of Environmental Protection, together with

  4  the positions assigned to these specified bureaus and offices

  5  as of February 1, 1999, are transferred to the Fish and

  6  Wildlife Conservation Commission by a type two transfer, as

  7  defined in s. 20.06(2), Florida Statutes, except for:

  8         (a)  Any administrative support positions and equipment

  9  within the Bureau of Administrative Support and the Bureau of

10  Operational Support assigned to support the Bureau of

11  Emergency Response and the Office of Environmental

12  Investigations within the Division of Law Enforcement at the

13  Department of Environmental Protection as of February 1, 1999;

14         (b)  Any sworn positions classified as Investigator I

15  or Investigator II positions within the different program

16  components of the Division of Law Enforcement at the

17  Department of Environmental Protection as of February 1, 1999.

18  It is the intent of the Legislature that these Investigator I

19  and Investigator II positions shall be reassigned to the

20  Office of Environmental Investigations remaining within the

21  Department of Environmental Protection;

22         (c)  Any sworn positions assigned to the Office of the

23  Director of the Division of Law Enforcement as of February 1,

24  1999; and

25         (d)  All sworn positions assigned to the Florida Park

26  Patrol within the Division of Law Enforcement at the

27  Department of Environmental Protection as of February 1, 1999.

28         (2)  It is the intent of the Legislature that the sworn

29  positions assigned to the Uniform Patrol, Inspections, and

30  Boating Safety program components of the Division of Law

31  Enforcement at the Department of Environmental Protection as

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  1  of February 1, 1999, shall be assigned to the Bureau of Marine

  2  Enforcement with the Division of Law Enforcement at the Fish

  3  and Wildlife Conservation Commission.

  4         (3)  It is the intent of the Legislature that the sworn

  5  positions assigned to the Aviation program component of the

  6  Bureau of Environmental Law Enforcement at the Department of

  7  Environmental Protection as of February 1, 1999, shall be

  8  assigned to the Division of Law Enforcement at the Fish and

  9  Wildlife Conservation Commission.

10         (4)  It is the intent of the Legislature that no duties

11  or responsibilities relating to boating safety shall remain in

12  the Department of Environmental Protection.

13         Section 5.  (1)  The Office of Fisheries Management and

14  Assistance Services, the Bureau of Protected Species

15  Management, and the Florida Marine Research Institute with the

16  Division of Marine Resources at the Department of

17  Environmental Protection, together with the positions assigned

18  to the specified office, bureau, and institute as of February

19  1, 1999, are transferred to the Fish and Wildlife Conservation

20  Commission by a type two transfer, as defined in s. 20.06(2),

21  Florida Statutes.

22         (2)  It is the intent of the Legislature that the

23  Office of Fisheries Management and Assistance Services at the

24  Department of Environmental Protection be assigned to the

25  Division of Marine Fisheries at the Fish and Wildlife

26  Conservation Commission.

27         (3)  It is the intent of the Legislature that the

28  Florida Marine Research Institute at the Department of

29  Environmental Protection be established as a separate budget

30  entity within the Fish and Wildlife Conservation Commission,

31

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  1  and assigned to the Office of the Executive Director for

  2  administrative purposes.

  3         (4)  It is the intent of the Legislature that the

  4  Bureau of Protected Species Management at the Department of

  5  Environmental Protection be assigned as a bureau to the Office

  6  of Environmental Services within the commission.

  7         Section 6.  Within the Department of Environmental

  8  Protection, the Office of Environmental Investigations, the

  9  Florida Park Patrol, and the Bureau of Emergency Response are

10  assigned to the Office of Environmental Law Enforcement within

11  the office of the secretary.

12         Section 7.  The Bureau of Marine Resource Regulation

13  and Development at the Department of Environmental Protection,

14  and the positions assigned to the bureau effective February 1,

15  1999, are transferred to the Division of Aquaculture at

16  Department of Agriculture and Consumer Services by a type one

17  transfer, as defined in s. 20.06(1), Florida Statutes, except

18  for the one position within the Bureau of Marine Resource

19  Regulation and Development directly associated with submerged

20  land leasing, which shall be transferred to the Division of

21  State Lands within the Department of Environmental Protection.

22  Water quality data collected by the Division of Aquaculture

23  with the Department of Agriculture and Consumer Services are

24  to be shared with the Division of Water Resource Management

25  within the Department of Environmental Protection.

26         Section 8.  Subsections (2) and (6) of section 20.255,

27  Florida Statutes, 1998 Supplement, are amended, and

28  subsections (7), (8), and (9) are added to said section, to

29  read:

30         20.255  Department of Environmental Protection.--There

31  is created a Department of Environmental Protection.

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  1         (2)(a)  There shall be two deputy secretaries and an

  2  executive coordinator for ecosystem management who are to be

  3  appointed by and shall serve at the pleasure of the secretary.

  4  The secretary may assign either deputy secretary the

  5  responsibility to supervise, coordinate, and formulate policy

  6  for any division, office, or district. The following special

  7  offices are established and headed by managers, each of whom

  8  is to be appointed by and serve at the pleasure of the

  9  secretary:

10         1.  Office of General Counsel,

11         2.  Office of Inspector General,

12         3.  Office of Communication, the latter including

13  public information, legislative liaison, cabinet liaison and

14  special projects,

15         4.  Office of Water Policy,

16         5.  Office of Intergovernmental Programs,

17         6.  Office of Ecosystem Planning and Coordination,

18         7.  Office of Environmental Education,

19         8.  Office of Greenways and Trails, and an Office of

20  the Youth Corps.

21         9.  Office of Environmental Law Enforcement.

22         (b)  The executive coordinator for ecosystem management

23  shall coordinate policy within the department to assure the

24  implementation of the ecosystem management provisions of

25  chapter 93-213, Laws of Florida. The executive coordinator for

26  ecosystem management shall supervise only the Office of Water

27  Policy, the Office of Intergovernmental Programs, the Office

28  of Ecosystem Planning and Coordination, and the Office of

29  Environmental Education. The executive coordinator for

30  ecosystem management may also be delegated authority by the

31  secretary to act on behalf of the secretary; this authority

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  1  may include the responsibility to oversee the inland

  2  navigation districts.

  3         (c)  The other special offices not supervised by the

  4  executive coordinator for ecosystem management shall report to

  5  the secretary; however, with the exception of the Office of

  6  Environmental Law Enforcement, the secretary may assign them,

  7  for daily coordination purposes, to report through a senior

  8  manager other than the secretary.

  9         (d)  There shall be six administrative districts

10  involved in regulatory matters of waste management, water

11  facilities, wetlands, and air resources, which shall be headed

12  by managers, each of whom is to be appointed by and serve at

13  the pleasure of the secretary. Divisions of the department may

14  have one assistant or two deputy division directors, as

15  required to facilitate effective operation.

16

17  The managers of all divisions and offices specifically named

18  in this section and the directors of the six administrative

19  districts are exempt from part II of chapter 110 and are

20  included in the Senior Management Service in accordance with

21  s. 110.205(2)(i). No other deputy secretaries or senior

22  management positions at or above the division level, except

23  those established in chapter 110, may be created without

24  specific legislative authority.

25         (6)  The following divisions of the Department of

26  Environmental Protection are established:

27         (a)  Division of Administrative and Technical Services.

28         (b)  Division of Air Resource Management.

29         (c)  Division of Water Resource Management Facilities.

30         (d)  Division of Law Enforcement.

31

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  1         (d)(e)  Division of Resource Assessment and Management

  2  Marine Resources.

  3         (e)(f)  Division of Waste Management.

  4         (f)(g)  Division of Recreation and Parks.

  5         (g)(h)  Division of State Lands, the director of which

  6  is to be appointed by the secretary of the department, subject

  7  to confirmation by the Governor and Cabinet sitting as the

  8  Board of Trustees of the Internal Improvement Trust Fund.

  9         (i)  Division of Environmental Resource Permitting.

10

11  In order to ensure statewide and intradepartmental

12  consistency, the department's divisions shall direct the

13  district offices and bureaus on matters of interpretation and

14  applicability of the department's rules and programs.

15         (7)  Law enforcement officers of the Department of

16  Environmental Protection who meet the provisions of s. 943.13

17  are constituted law enforcement officers of this state with

18  full power to investigate and arrest for any violation of the

19  laws of this state, and the rules of the department and the

20  Board of Trustees of the Internal Improvement Trust Fund.  The

21  general laws applicable to investigations, searches, and

22  arrests by peace officers of this state apply to such law

23  enforcement officers.

24         (8)  Records and documents of the Department of

25  Environmental Protection shall be retained by the department

26  as specified in record retention schedules established under

27  the general provisions of chapters 119 and 257.  Further, the

28  department is authorized to:

29         (a)  Destroy, or otherwise dispose of, those records

30  and documents in conformity with the approved retention

31  schedules.

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  1         (b)  Photograph, microphotograph, or reproduce such

  2  records and documents on film, as authorized and directed by

  3  the approved retention schedules, whereby each page will be

  4  exposed in exact conformity with the original records and

  5  documents retained in compliance with the provisions of this

  6  section. Photographs or microphotographs in the form of film

  7  or print of any records, made in compliance with the

  8  provisions of this section, shall have the same force and

  9  effect as the originals thereof would have and shall be

10  treated as originals for the purpose of their admissibility in

11  evidence. Duly certified or authenticated reproductions of

12  such photographs or microphotographs shall be admitted in

13  evidence equally with the original photographs or

14  microphotographs.  The impression of the seal of the

15  Department of Environmental Protection on a certificate made

16  by the department and signed by the Secretary of Environmental

17  Protection entitles the certificate to be received in all

18  courts and in all proceedings in this state and is prima facie

19  evidence of all factual matters set forth in the certificate.

20  A certificate may relate to one or more records as set forth

21  in the certificate or in a schedule attached to the

22  certificate.

23         (9)  The Department of Environmental Protection may

24  require that bond be given by any employee of the department,

25  payable to the Governor of the state and the Governor's

26  successor in office, for the use and benefit of those whom it

27  concerns, in such penal sums and with such good and sufficient

28  surety or sureties as are approved by the department,

29  conditioned upon the faithful performance of the duties of the

30  employee.

31

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  1         Section 9.  Subsection (2) of section 20.14, Florida

  2  Statutes, is amended to read:

  3         20.14  Department of Agriculture and Consumer

  4  Services.--There is created a Department of Agriculture and

  5  Consumer Services.

  6         (2)  The following divisions of the Department of

  7  Agriculture and Consumer Services are established:

  8         (a)  Administration.

  9         (b)  Agricultural Environmental Services.

10         (c)  Animal Industry.

11         (d)  Aquaculture.

12         (e)(d)  Consumer Services.

13         (f)(e)  Dairy Industry.

14         (g)(f)  Food Safety.

15         (h)(g)  Forestry.

16         (i)(h)  Fruit and Vegetables.

17         (j)(i)  Marketing and Development.

18         (k)(j)  Plant Industry.

19         (l)(k)  Standards.

20         Section 10.  Except where otherwise specified in law,

21  all revenues derived from the sale of permits and licenses

22  pursuant to ss. 370.06 and 370.0605, Florida Statutes, and all

23  federal funds received by the State of Florida as a match to

24  the aforementioned state revenues, are to be appropriated by

25  the Legislature to the Fish and Wildlife Conservation

26  Commission, to be used for the purposes specified in law.

27         Section 11.  Except where otherwise specified in law,

28  all revenues derived from the sale of permits and licenses

29  pursuant to ss. 372.16, 372.561, 372.57, 372.5705, 372.60,

30  372.65, 372.651, 372.66, 372.661, 372.6673, 372.6674,

31  372.7015, 372.87, and 372.921, Florida Statutes, and all

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  1  federal funds received by the State of Florida as a match to

  2  the aforementioned state revenues, are to be appropriated by

  3  the Legislature to the Fish and Wildlife Conservation

  4  Commission, to be used for the purposes specified in law.

  5         Section 12.  The total amount of funds expended by the

  6  Fish and Wildlife Conservation Commission for all operating

  7  budget categories combined may not exceed:

  8         (1)  In fiscal year 2000-2001, 95 percent, and

  9         (2)  In fiscal year 2001-2002, 90 percent,

10

11  of the total operating budget appropriated for fiscal year

12  1999-2000 to the Fish and Wildlife Conservation Commission.

13         Section 13.  The Executive Office of the Governor shall

14  appoint a working group comprised of three representatives

15  each of the Department of Environmental Protection and the

16  Fish and Wildlife Conservation Commission to develop a

17  recommended plan addressing the transfer of, or where

18  appropriate the shared use of, buildings, regional offices,

19  and other facilities used or owned by the department to

20  conduct activities for which the commission is responsible as

21  of July 1, 1999. The working group also shall include three

22  representatives of the Department of Agriculture and Consumer

23  Services in developing that portion of the plan addressing the

24  transfer or shared use of facilities used currently by the

25  Bureau of Marine Resource Regulation and Development. The

26  recommended plan is due March 1, 2000, to the Governor, the

27  President of the Senate, and the Speaker of the House of

28  Representatives. The Executive Office of the Governor shall

29  consider the working group's recommended plan in determining

30  which buildings, regional offices, and other facilities should

31

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  1  be transferred to the commission, and which ones where shared

  2  use is appropriate.

  3         Section 14.  The Governor shall appoint a staff member

  4  from the Office of Planning and Budgeting to assist in

  5  implementing adjustments, as necessary, in the operating

  6  budgets of the Fish and Wildlife Conservation Commission and

  7  the Department of Environmental Protection during fiscal year

  8  1999-2000. Adjustments to the operating budgets of either

  9  agency in connection with the implementation of this act shall

10  be made in consultation with the appropriate substantive and

11  fiscal committee staffs of the House of Representatives and

12  the Senate.

13         Section 15.  The executive director of the Fish and

14  Wildlife Conservation Commission and the secretary of the

15  Department of Environmental Protection shall develop and adopt

16  an operating agreement and an annual work plan to accomplish

17  responsibilities shared between the agencies.

18         (1)  The operating agreement shall be completed by no

19  later than January 31, 2000, and shall detail commission law

20  enforcement responsibilities for emergency response.  Until

21  the operating plan has been completed and adopted, the

22  department may call upon the commission for emergency response

23  and the commission is directed to respond to said requests.

24         (2)  The work plan shall be submitted by August 1,

25  1999, to the Governor, the Speaker of the House of

26  Representatives, and the President of the Senate and may

27  include recommendations for facilitating department law

28  enforcement and emergency response needs, the research

29  priorities of the Florida Marine Research Institute, and the

30  needs of other appropriate department programs.

31

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  1         (3)  A memorandum of agreement will be developed

  2  between the Department of Environmental Protection and the

  3  Fish and Wildlife Conservation Commission which will detail

  4  the responsibilities of the Florida Marine Research Institute

  5  to the department, to include, at a minimum, the following

  6  services:

  7         (a)  Environmental monitoring and assessment.

  8         (b)  Restoration research and development of

  9  restoration technology.

10         (c)  Technical support and response for oil spills,

11  ship groundings, major marine species die offs, hazardous

12  spills, and natural disasters.

13         Section 16.  Subsection (1) of section 206.606, Florida

14  Statutes, 1998 Supplement, as amended by chapter 98-114, Laws

15  of Florida, is amended to read:

16         206.606  Distribution of certain proceeds.--

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

18  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

21  206.41, and the administrative costs incurred by the

22  department in collecting, administering, enforcing, and

23  distributing the tax, which administrative costs may not

24  exceed 2 percent of collections, shall be distributed monthly

25  to the State Transportation Trust Fund, except that:

26         (a)  $6.30 $7.55 million shall be transferred to the

27  Department of Environmental Protection in each fiscal year

28  and.  The transfers must be made in equal monthly amounts

29  beginning on July 1 of each fiscal year.  $1.25 million of the

30  amount transferred shall be deposited annually in the Marine

31  Resources Conservation Trust Fund and must be used by the

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  1  department to fund special projects to provide recreational

  2  channel marking, public launching facilities, and other

  3  boating-related activities. The department shall annually

  4  determine where unmet needs exist for boating-related

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

  6  due to the number of vessel registrations, insufficient

  7  financial resources are available to meet total water resource

  8  needs.  The remaining proceeds of the annual transfer shall be

  9  deposited in the Aquatic Plant Control Trust Fund to and must

10  be used for aquatic plant management, including nonchemical

11  control of aquatic weeds, research into nonchemical controls,

12  and enforcement activities.  Beginning in fiscal year

13  1993-1994, the department shall allocate at least $1 million

14  of such funds to the eradication of melaleuca.

15         (b)  $2.5 $1.25 million shall be transferred to the

16  State Game Trust Fund in the Fish and Wildlife Conservation

17  Game and Fresh Water Fish Commission in each fiscal year and

18  used for recreational boating activities, and fresh water

19  fisheries management and research.  The transfers must be made

20  in equal monthly amounts beginning on July 1 of each fiscal

21  year. The commission shall annually determine where unmet

22  needs exist for boating-related activities, and may fund such

23  activities in counties where, due to the number of vessel

24  registrations, sufficient financial resources are unavailable.

25         1.  A minimum of $1.25 million shall be used to fund

26  local projects to provide recreational channel marking, public

27  launching facilities, aquatic plant control, and other local

28  boating related activities.  In funding the projects, the

29  commission shall give priority consideration as follows:

30         a.  Unmet needs in counties with populations of 100,000

31  or less.

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  1         b.  Unmet needs in coastal counties with a high level

  2  of boating related activities from individuals residing in

  3  other counties.

  4         2.  The remaining $1.25 million may be used for

  5  recreational boating activities, and freshwater fisheries

  6  management and research.

  7         3.  The commission is authorized to adopt rules

  8  pursuant to ss. 120.54 and 120.536(1) to implement a Florida

  9  Boating Improvement Program similar to the program

10  administered by the Department of Environmental Protection and

11  established in Rule 62-D.5031 - 62-D.5036, of the Florida

12  Administrative Code to determine projects eligible for funding

13  under this subsection.

14

15  On February 1 of each year, the commission shall file an

16  annual report with the President of the Senate and the Speaker

17  of the House of Representatives outlining the status of its

18  Florida Boating Improvement Program, including the projects

19  funded, and a list of counties whose needs are unmet due to

20  insufficient financial resources from vessel registration

21  fees., and must be used for recreational boating activities of

22  a type consistent with projects eligible for funding under the

23  Florida Boating Improvement Program administered by the

24  Department of Environmental Protection, and freshwater

25  fisheries management and research.

26         (c)  0.65 percent of moneys collected pursuant to s.

27  206.41(1)(g) shall be transferred to the Agricultural

28  Emergency Eradication Trust Fund.

29         Section 17.  Paragraph (b) of subsection (1) of section

30  320.08058, Florida Statutes, 1998 Supplement, as amended by

31

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  1  section 7 of chapter 98-414, Laws of Florida, is amended to

  2  read:

  3         320.08058  Specialty license plates.--

  4         (1)  MANATEE LICENSE PLATES.--

  5         (b)  The manatee license plate annual use fee must be

  6  deposited into the Save the Manatee Trust Fund, created within

  7  the Fish and Wildlife Conservation Commission Department of

  8  Environmental Protection.  The funds deposited in the Save the

  9  Manatee Trust Fund may be used only for manatee-related

10  environmental education; manatee research; facilities, as

11  provided in s. 370.12(4)(5)(b); and manatee protection and

12  recovery.

13         Section 18.  Subsection (19) of section 320.08058,

14  Florida Statutes, 1998 Supplement, is amended to read:

15         320.08058  Specialty license plates.--

16         (19)  SEA TURTLE LICENSE PLATES.--

17         (a)  The department shall develop a Sea Turtle license

18  plate as provided in this section. The word "Florida" must

19  appear at the top of the plate, the words "Helping Sea Turtles

20  Survive" must appear at the bottom of the plate, and the image

21  of a sea turtle must appear in the center of the plate.

22         (b)  The annual use fees shall be deposited in the

23  Marine Resources Conservation Trust Fund in the Fish and

24  Wildlife Conservation Commission Florida Department of

25  Environmental Protection. The first $500,000 in annual revenue

26  shall be used by the Florida Marine Turtle Protection Program

27  to conduct sea turtle protection, research, and recovery

28  programs. The remaining annual use proceeds shall be used by

29  the commission Department of Environmental Protection for sea

30  turtle conservation activities, except that up to 30 percent

31  of the remaining annual use fee proceeds shall be annually

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  1  disbursed dispersed through the marine turtle grants program

  2  as provided in s. 370.12(1)(h).

  3         Section 19.  Present subsection (5) of section 327.02,

  4  Florida Statutes, 1998 Supplement, is redesignated as

  5  subsection (6), present subsection (6) is repealed, subsection

  6  (7) is amended, and new subsection (5) is added to that

  7  section to read:

  8         327.02  Definitions of terms used in this chapter and

  9  in chapter 328.--As used in this chapter and in chapter 328,

10  unless the context clearly requires a different meaning, the

11  term:

12         (5)  "Commission" means the Fish and Wildlife

13  Conservation Commission.

14         (7)  "Division" means the Division of Law Enforcement

15  of the Fish and Wildlife Conservation Commission Department of

16  Environmental Protection.

17         Section 20.  Paragraphs (b) and (c) of subsection (2)

18  and subsection (17) of section 327.25, Florida Statutes, are

19  amended to read:

20         327.25  Classification; registration; fees and charges;

21  surcharge; disposition of fees; fines; marine turtle

22  stickers.--

23         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

24         (b)  The registration number for an antique vessel

25  shall be permanently attached to each side of the forward half

26  of the vessel affixed on the forward half of the hull or on

27  the port side of the windshield according to ss. 327.11 and

28  327.14.

29         (c)  The Department of Highway Safety and Motor

30  Vehicles may issue a decal identifying the vessel as an

31  antique vessel. The decal shall be displayed as provided in

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  1  ss. 327.11 and 327.14 placed within 3 inches of the

  2  registration number.

  3         (17)  MARINE TURTLE STICKER.--The Department of Highway

  4  Safety and Motor Vehicles Environmental Protection shall offer

  5  for sale with vessel registrations a waterproof sticker in the

  6  shape of a marine turtle at an additional cost of $5, the

  7  proceeds of which shall be deposited in the Marine Resources

  8  Conservation Trust Fund to be used for marine turtle

  9  protection, research, and recovery efforts pursuant to the

10  provisions of s. 370.12(1).

11         Section 21.  Section 327.26, Florida Statutes, is

12  amended to read:

13         327.26  Stickers or emblems for the Save the Manatee

14  Trust Fund.--The commission department shall prepare stickers

15  or emblems signifying support for the Save the Manatee Trust

16  Fund which shall be given to persons who contribute to the

17  Save the Manatee Trust Fund as provided in s. 327.25. The

18  commission department may accept stickers or emblems donated

19  by any governmental or nongovernmental entity for the purposes

20  of this section.

21         Section 22.  Subsection (2) of section 327.28, Florida

22  Statutes, is amended to read:

23         327.28  Marine Resources Conservation Trust Fund;

24  vessel registration funds; appropriation and distribution.--

25         (2)  All funds collected pursuant to s. 370.06(2) shall

26  be deposited in the Marine Resources Conservation Trust Fund.

27  Such funds shall be used to pay the cost of implementing the

28  saltwater products license program. Additional proceeds from

29  the licensing revenue shall be distributed among the following

30  program functions:

31

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  1         (a)  No more than 15 percent nor less than the amount

  2  deposited in the former Marine Fisheries Commission Trust Fund

  3  pursuant to this subsection in fiscal year 1987-1988 shall go

  4  to the Marine Fisheries Commission for its operations;

  5         (a)(b)  No more than 15 percent shall go to marine law

  6  enforcement;

  7         (b)(c)  No more than 25 percent shall go to the Florida

  8  Saltwater Products Promotion Trust Fund within the Department

  9  of Agriculture and Consumer Services for the purpose of

10  providing marketing and extension services including industry

11  information and education; and

12         (c)(d)  The remainder, but at least 45 percent, shall

13  go to the Fish and Wildlife Conservation Commission Division

14  of Marine Resources, for use in marine research and statistics

15  development, including quota management.

16         Section 23.  Subsection (2) of section 327.30, Florida

17  Statutes, is amended to read:

18         327.30  Collisions, accidents, and casualties.--

19         (2)  In the case of collision, accident, or other

20  casualty involving a vessel in or upon or entering into or

21  exiting from the water, including capsizing, collision with

22  another vessel or object, sinking, personal injury requiring

23  medical treatment beyond immediate first aid, death,

24  disappearance of any person from on board under circumstances

25  which indicate the possibility of death or injury, or damage

26  to any vessel or other property in an apparent aggregate

27  amount of at least $500, the operator shall without delay, by

28  the quickest means available give notice of the accident to

29  one of the following agencies:  the Division of Law

30  Enforcement of the Fish and Wildlife Conservation Commission;

31  the Game and Fresh Water Fish Commission; the sheriff of the

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  1  county within which the accident occurred; or the police chief

  2  of the municipality within which the accident occurred, if

  3  applicable.

  4         Section 24.  Subsection (5) of section 327.35215,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         327.35215  Penalty for failure to submit to test.--

  7         (5)  Moneys collected by the clerk of the court

  8  pursuant to this section shall be disposed of in the following

  9  manner:

10         (a)  If the arresting officer was employed or appointed

11  by a state law enforcement agency except the Fish and Wildlife

12  Conservation Game and Fresh Water Fish Commission, the moneys

13  shall be deposited into the Marine Resources Conservation

14  Trust Fund.

15         (b)  If the arresting officer was employed or appointed

16  by a county or municipal law enforcement agency, the moneys

17  shall be deposited into the law enforcement trust fund of that

18  agency.

19         (c)  If the arresting officer was employed or appointed

20  by the Fish and Wildlife Conservation Game and Fresh Water

21  Fish Commission, the money shall be deposited into the State

22  Game Trust Fund.

23         Section 25.  Section 327.395, Florida Statutes, is

24  amended to read:

25         327.395  Boating safety identification cards.--

26         (1)  Until October 1, 2001, a person born after

27  September 30, 1980, and on or after October 1, 2001, a person

28  21 years of age or younger may not operate a vessel powered by

29  a motor of 10 horsepower or greater unless such person has in

30  his or her possession aboard the vessel photographic

31

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  1  identification and a boater safety identification card issued

  2  by the commission department which shows that he or she has:

  3         (a)  Completed a commission-approved

  4  department-approved boater education course that meets the

  5  minimum 8-hour instruction requirement established by the

  6  National Association of State Boating Law Administrators;

  7         (b)  Passed a course equivalency examination approved

  8  by the commission department; or

  9         (c)  Passed a temporary certificate examination

10  developed or approved by the commission department.

11         (2)  Any person may obtain a boater safety

12  identification card by complying with the requirements of this

13  section.

14         (3)  The commission department may appoint liveries,

15  marinas, or other persons as its agents to administer the

16  course, course equivalency examination, or temporary

17  certificate examination and issue identification cards under

18  guidelines established by the commission department.  An agent

19  must charge the $2 examination fee, which must be forwarded to

20  the commission department with proof of passage of the

21  examination and may charge and keep a $1 service fee.

22         (4)  An identification card issued to a person who has

23  completed a boating education course or a course equivalency

24  examination is valid for life.  A card issued to a person who

25  has passed a temporary certification examination is valid for

26  12 months from the date of issuance.

27         (5)  A person is exempt from subsection (1) if he or

28  she:

29         (a)  Is licensed by the United States Coast Guard to

30  serve as master of a vessel.

31         (b)  Operates a vessel only on a private lake or pond.

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  1         (c)  Is accompanied in the vessel by a person who is

  2  exempt from this section or who holds an identification card

  3  in compliance with this section, is 18 years of age or older,

  4  and is attendant to the operation of the vessel and

  5  responsible for any violation that occurs during the

  6  operation.

  7         (d)  Is a nonresident who has in his or her possession

  8  proof that he or she has completed a boater education course

  9  or equivalency examination in another state which meets or

10  exceeds the requirements of subsection (1).

11         (e)  Is exempted by rule of the commission department.

12         (6)  A person who violates this section is guilty of a

13  noncriminal infraction, punishable as provided in s. 327.73.

14         (7)  The commission department shall design forms and

15  adopt rules to administer this section.  Such rules shall

16  include provision for educational and other public and private

17  entities to offer the course and administer examinations.

18         (8)  The commission department shall institute and

19  coordinate a statewide program of boating safety instruction

20  and certification to ensure that boating courses and

21  examinations are available in each county of the state.

22         (9)  The commission department is authorized to

23  establish and to collect a $2 examination fee to cover

24  administrative costs.

25         (10)  The commission is authorized to adopt rules

26  pursuant to chapter 120 to implement the provisions of this

27  section.

28         Section 26.  Section 327.41, Florida Statutes, is

29  amended to read:

30         327.41  Uniform waterway regulatory markers.--

31

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  1         (1)  The Fish and Wildlife Conservation Commission

  2  Department of Environmental Protection shall adopt rules and

  3  regulations pursuant to chapter 120 establishing a uniform

  4  system of regulatory markers for the Florida Intracoastal

  5  Waterway, compatible with the system of regulatory markers

  6  prescribed by the United States Coast Guard, and shall give

  7  due regard to the System of Uniform Waterway Markers approved

  8  by the Advisory Panel of State Officials to the Merchant

  9  Marine Council, United States Coast Guard.

10         (2)  Any county or municipality which has been granted

11  a restricted area designation, pursuant to s. 327.46, for a

12  portion of the Florida Intracoastal Waterway within its

13  jurisdiction may apply to the Fish and Wildlife Conservation

14  Commission Department of Environmental Protection for

15  permission to place regulatory markers within the restricted

16  area.

17         (3)  Application for placing regulatory markers on the

18  Florida Intracoastal Waterway shall be made to the Division of

19  Marine Resources, accompanied by a map locating the

20  approximate placement of the markers, a statement of the

21  specification of the markers, a statement of purpose of the

22  markers, and a statement of the city or county responsible for

23  the placement and upkeep of the markers.

24         (4)  No person or municipality, county, or other

25  governmental entity shall place any regulatory markers in, on,

26  or over the Florida Intracoastal Waterway without a permit

27  from the Division of Marine Resources.

28         (5)  Aquaculture leaseholds shall be marked as required

29  by this section, and the commission department may approve

30  alternative marking requirements as a condition of the lease

31  pursuant to s. 253.68.  The provisions of this section

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  1  notwithstanding, no permit shall be required for the placement

  2  of markers required by such a lease.

  3         (6)  The commission is authorized to adopt rules

  4  pursuant to chapter 120 to implement the provisions of this

  5  section.

  6         Section 27.  Section 327.43, Florida Statutes, is

  7  amended to read:

  8         327.43  Silver Glen Run and Silver Glen Springs;

  9  navigation channel; anchorage buoys; violations.--

10         (1)  The Fish and Wildlife Conservation Commission

11  Department of Environmental Protection is hereby directed to

12  mark a navigation channel within Silver Glen Run and Silver

13  Glen Springs, located on the western shore of Lake George on

14  the St. Johns River.

15         (2)  The commission department is further directed to

16  establish permanent anchorage buoys within Silver Glen Run and

17  Silver Glen Springs.

18         (3)  Vessel anchorage or mooring shall only be allowed

19  utilizing permanently established anchorage buoys. No vessel

20  shall anchor or otherwise attach, temporarily or permanently,

21  to the bottom within Silver Glen Run or Silver Glen Springs.

22         (4)  Any violation of this act shall constitute a

23  violation of the boating laws of this state and shall be

24  punishable by issuance of a uniform boating citation as

25  provided in s. 327.74. Any person who refuses to post a bond

26  or accept and sign a uniform boating citation, as provided in

27  s. 327.73(3), commits a misdemeanor of the second degree,

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

29         Section 28.  Subsection (1) of section 327.46, Florida

30  Statutes, is amended to read:

31         327.46  Restricted areas.--

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  1         (1)  The commission department shall have the authority

  2  for establishing, by rule pursuant to chapter 120, restricted

  3  areas on the waters of the state for any purpose deemed

  4  necessary for the safety of the public, including, but not

  5  limited to, boat speeds and boat traffic where such

  6  restrictions are deemed necessary based on boating accidents,

  7  visibility, tides, congestion, or other navigational hazards.

  8  Each such restricted area shall be developed in consultation

  9  and coordination with the governing body of the county or

10  municipality in which the restricted area is located and,

11  where required, with the United States Army Corps of

12  Engineers.  Restricted areas shall be established in

13  accordance with procedures under chapter 120.

14         Section 29.  Section 327.48, Florida Statutes, is

15  amended to read:

16         327.48  Regattas, races, marine parades, tournaments,

17  or exhibitions.--Any person directing the holding of a

18  regatta, tournament, or marine parade or exhibition shall

19  secure a permit from the Coast Guard when such event is held

20  in navigable waters of the United States.  A person directing

21  any such affair in any county shall notify the sheriff of the

22  county or, the Fish and Wildlife Conservation Commission Game

23  and Fresh Water Fish Commission, or the department at least 15

24  days prior to any event in order that appropriate arrangements

25  for safety and navigation may be assured.  Any person or

26  organization sponsoring a regatta or boat race, marine parade,

27  tournament, or exhibition shall be responsible for providing

28  adequate protection to the participants, spectators, and other

29  users of the water.

30         Section 30.  Subsections (1) and (3) of section 327.70,

31  Florida Statutes, are amended to read:

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  1         327.70  Enforcement of this chapter and chapter 328.--

  2         (1)  This chapter and chapter 328 shall be enforced by

  3  the Division of Law Enforcement of the Fish and Wildlife

  4  Conservation department and its officers, the Game and Fresh

  5  Water Fish Commission and its officers, the sheriffs of the

  6  various counties and their deputies, and any other authorized

  7  law enforcement officer, all of whom may order the removal of

  8  vessels deemed to be an interference or a hazard to public

  9  safety, enforce the provisions of this chapter and chapter

10  328, or cause any inspections to be made of all vessels in

11  accordance with this chapter and chapter 328.

12         (3)  The Fish and Wildlife Conservation Commission

13  department or any other law enforcement agency may make any

14  investigation necessary to secure information required to

15  carry out and enforce the provisions of this chapter and

16  chapter 328.

17         Section 31.  Section 327.71, Florida Statutes, is

18  amended to read:

19         327.71  Exemption.--The commission department may, if

20  it finds that federal law imposes less restrictive

21  requirements than provided herein or if it determines that

22  boating safety will not be adversely affected, issue temporary

23  exemptions from any provision of this chapter or rules

24  established hereunder, on such terms and conditions as it

25  considers appropriate.

26         Section 32.  Subsections (1) and (3) of section

27  327.731, Florida Statutes, 1998 Supplement, are amended to

28  read:

29         327.731  Mandatory education for violators.--

30         (1)  Every person convicted of a criminal violation of

31  this chapter, every person convicted of a noncriminal

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  1  infraction under this chapter if the infraction resulted in a

  2  reportable boating accident, and every person convicted of two

  3  noncriminal infractions as defined in s. 327.73(1)(h) through

  4  (k), (m) through (p), (s), and (t), said infractions occurring

  5  within a 12-month period, must:

  6         (a)  Enroll in, attend, and successfully complete, at

  7  his or her own expense, a boating safety course that meets

  8  minimum standards established by the commission department by

  9  rule; however, the commission department may provide by rule

10  pursuant to chapter 120 for waivers of the attendance

11  requirement for violators residing in areas where classroom

12  presentation of the course is not available;

13         (b)  File with the commission department within 90 days

14  proof of successful completion of the course;

15         (c)  Refrain from operating a vessel until he or she

16  has filed the proof of successful completion of the course

17  with the commission department.

18

19  Any person who has successfully completed an approved boating

20  course shall be exempt from these provisions upon showing

21  proof to the commission department as specified in paragraph

22  (b).

23         (3)  The commission department shall print on the

24  reverse side of the defendant's copy of the boating citation a

25  notice of the provisions of this section. Upon conviction, the

26  clerk of the court shall notify the defendant that it is

27  unlawful for him or her to operate any vessel until he or she

28  has complied with this section, but failure of the clerk of

29  the court to provide such a notice shall not be a defense to a

30  charge of unlawful operation of a vessel under subsection (2).

31

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  1         Section 33.  Subsections (1), (2), (4), (6), and (10)

  2  of section 327.74, Florida Statutes, are amended to read:

  3         327.74  Uniform boating citations.--

  4         (1)  The commission department shall prepare, and

  5  supply to every law enforcement agency in this state which

  6  enforces the laws of this state regulating the operation of

  7  vessels, an appropriate form boating citation containing a

  8  notice to appear (which shall be issued in prenumbered books

  9  with citations in quintuplicate) and meeting the requirements

10  of this chapter or any laws of this state regulating boating,

11  which form shall be consistent with the state's county court

12  rules and the procedures established by the commission

13  department.

14         (2)  Courts, enforcement agencies, and the commission

15  department are jointly responsible to account for all uniform

16  boating citations in accordance with the procedures

17  promulgated by the commission department.

18         (4)  The chief administrative officer of every law

19  enforcement agency shall require the return to him or her of

20  the commission department record copy of every boating

21  citation issued by an officer under his or her supervision to

22  an alleged violator of any boating law or ordinance and all

23  copies of every boating citation which has been spoiled or

24  upon which any entry has been made and not issued to an

25  alleged violator.

26         (6)  The chief administrative officer shall transmit,

27  on a form approved by the commission department, the

28  commission department record copy of the uniform boating

29  citation to the commission department within 5 days after

30  submission of the original and one copy to the court.  A copy

31

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  1  of such transmittal shall also be provided to the court having

  2  jurisdiction for accountability purposes.

  3         (10)  Upon final disposition of any alleged offense for

  4  which a uniform boating citation has been issued, the court

  5  shall, within ten days, certify said disposition to the

  6  commission department.

  7         Section 34.  Section 327.803, Florida Statutes, is

  8  amended to read:

  9         327.803  Boating Advisory Council.--

10         (1)  The Boating Advisory Council is created within the

11  Fish and Wildlife Conservation Commission Department of

12  Environmental Protection and shall be composed of 16 members.

13  The initial members shall be appointed before August 1, 1994,

14  and must include:

15         (a)  One representative from the Fish and Wildlife

16  Conservation Commission Department of Environmental

17  Protection, who shall serve as the chair of the council.

18         (b)  One representative each from the Department of

19  Environmental Protection Game and Fresh Water Fish Commission,

20  the United States Coast Guard Auxiliary, the United States

21  Power Squadron, and the inland navigation districts.

22         (c)  One representative of manatee protection

23  interests, one representative of the marine industries, two

24  representatives of water-related environmental groups, one

25  representative of marine manufacturers, one representative of

26  commercial vessel owners or operators, one representative of

27  sport boat racing, and two representatives of the boating

28  public, each of whom shall be nominated by the executive

29  director of the Fish and Wildlife Conservation Commission

30  Secretary of Environmental Protection and appointed by the

31  Governor to serve staggered 2-year terms.

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  1         (d)  One member of the House of Representatives, who

  2  shall be appointed by the Speaker of the House of

  3  Representatives.

  4         (e)  One member of the Senate, who shall be appointed

  5  by the President of the Senate.

  6         (2)  The council shall meet at the call of the chair,

  7  at the request of a majority of its membership, or at such

  8  times as may be prescribed by rule.

  9         (3)  The purpose of the council is to make

10  recommendations to the Fish and Wildlife Conservation

11  Commission Department of Environmental Protection and the

12  Department of Community Affairs regarding issues affecting the

13  boating community, including, but not limited to, issues

14  related to:

15         (a)  Boating safety education.

16         (b)  Boating-related facilities, including marinas and

17  boat testing facilities.

18         (c)  Boat usage.

19

20  However, it is not the purpose of the council to make

21  recommendations to the Marine Fisheries Commission.

22         (4)  Members of the council shall serve without

23  compensation.

24         Section 35.  Section 327.804, Florida Statutes, is

25  amended to read:

26         327.804  Compilation of statistics on boating accidents

27  and violations.--The Fish and Wildlife Conservation Commission

28  Department of Environmental Protection shall compile

29  statistics on boating accidents and boating violations of the

30  age groups of persons affected by chapter 96-187, Laws of

31  Florida.

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  1         Section 36.  Section 327.90, Florida Statutes, is

  2  amended to read:

  3         327.90  Transactions by electronic or telephonic

  4  means.--The commission department is authorized to accept any

  5  application provided for under this chapter by electronic or

  6  telephonic means.

  7         Section 37.  Paragraph (c) of subsection (2) of section

  8  328.01, Florida Statutes, is amended to read:

  9         328.01  Application for certificate of title.--

10         (2)

11         (c)  In making application for an initial title, the

12  owner of a homemade vessel shall establish proof of ownership

13  by submitting with the application:

14         1.  A notarized statement of the builder or its

15  equivalent, whichever is acceptable to the Department of

16  Highway Safety and Motor Vehicles, if the vessel is less than

17  16 feet in length; or

18         2.  A certificate of inspection from the Fish and

19  Wildlife Conservation Division of Law Enforcement of the

20  Department of Environmental Protection or the Game and Fresh

21  Water Fish Commission and a notarized statement of the builder

22  or its equivalent, whichever is acceptable to the Department

23  of Highway Safety and Motor Vehicles, if the vessel is 16 feet

24  or more in length.

25         Section 38.  Subsection (1) of section 339.281, Florida

26  Statutes, is amended to read:

27         339.281  Damage to transportation facility by vessel;

28  marine accident report; investigative authorities;

29  penalties.--

30         (1)  Whenever any vessel has caused damage to a

31  transportation facility, the managing owner, agent, or master

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  1  of such vessel shall immediately, or as soon thereafter as

  2  possible, report the same to the nearest Fish and Wildlife

  3  Conservation Commission officer Florida Marine Patrol, the

  4  sheriff of the county wherein such accident occurred, the Game

  5  and Fresh Water Fish Commission, or the Florida Highway

  6  Patrol, who shall immediately go to the scene of the accident

  7  and, if necessary, board the vessel subsequent to the accident

  8  in pursuance of its investigation.  The law enforcement agency

  9  investigating the accident shall submit a copy of its report

10  to the department.

11         Section 39.  Section 370.025, Florida Statutes, 1998

12  Supplement, is amended to read:

13         370.025  Marine fisheries; policy and standards.--

14         (1)  The Legislature hereby declares the policy of the

15  state to be management and preservation of its renewable

16  marine fishery resources, based upon the best available

17  information, emphasizing protection and enhancement of the

18  marine and estuarine environment in such a manner as to

19  provide for optimum sustained benefits and use to all the

20  people of this state for present and future generations.

21         (2)  The commission is instructed to make

22  recommendations annually to the Governor and the Legislature

23  regarding marine fisheries research priorities and

24  funding.  All administrative and enforcement responsibilities

25  which are unaffected by the specific provisions of this act

26  are the responsibility of the commission.

27         (3)(2)  All rules relating to saltwater fisheries

28  adopted by the commission department pursuant to this chapter

29  or adopted by the Marine Fisheries Commission and approved by

30  the Governor and Cabinet as the Board of Trustees of the

31

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  1  Internal Improvement Trust Fund shall be consistent with the

  2  following standards:

  3         (a)  The paramount concern of conservation and

  4  management measures shall be the continuing health and

  5  abundance of the marine fisheries resources of this state.

  6         (b)  Conservation and management measures shall be

  7  based upon the best information available, including

  8  biological, sociological, economic, and other information

  9  deemed relevant by the commission.

10         (c)  Conservation and management measures shall permit

11  reasonable means and quantities of annual harvest, consistent

12  with maximum practicable sustainable stock abundance on a

13  continuing basis.

14         (d)  When possible and practicable, stocks of fish

15  shall be managed as a biological unit.

16         (e)  Conservation and management measures shall assure

17  proper quality control of marine resources that enter

18  commerce.

19         (f)  State marine fishery management plans shall be

20  developed to implement management of important marine fishery

21  resources.

22         (g)  Conservation and management decisions shall be

23  fair and equitable to all the people of this state and carried

24  out in such a manner that no individual, corporation, or

25  entity acquires an excessive share of such privileges.

26         (h)  Federal fishery management plans and fishery

27  management plans of other states or interstate commissions

28  should be considered when developing state marine fishery

29  management plans. Inconsistencies should be avoided unless it

30  is determined that it is in the best interest of the fisheries

31  or residents of this state to be inconsistent.

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  1         (4)  Pursuant to s. 9, Art. IV of the State

  2  Constitution, the commission has full rulemaking authority

  3  over marine life, and listed species as defined in s.

  4  372.072(3), except for:

  5         (a)  Endangered or threatened marine species; and

  6         (b)  The authority to regulate fishing gear in

  7  residential, manmade saltwater canals which is retained by the

  8  Legislature and specifically not delegated to the commission.

  9         Section 40.  Section 370.027, Florida Statutes, 1998

10  Supplement, is repealed.

11         Section 41.  Subsections (4) and (5) of section 370.06,

12  Florida Statutes, 1998 Supplement, are amended to read:

13         370.06  Licenses.--

14         (4)  SPECIAL ACTIVITY LICENSES.--

15         (a)  A special activity license is required for any

16  person to use gear or equipment not authorized in this chapter

17  or rule of the Fish and Wildlife Conservation Marine Fisheries

18  Commission for harvesting saltwater species. In accordance

19  with this chapter, s. 16, Art. X of the State Constitution,

20  and rules of the Marine Fisheries commission, the commission

21  department may issue special activity licenses for the use of

22  nonconforming gear or equipment, including, but not limited

23  to, trawls, seines and entangling nets, traps, and hook and

24  line gear, to be used in harvesting saltwater species for

25  scientific and governmental purposes, and, where allowable,

26  for innovative fisheries. The commission department may

27  prescribe by rule application requirements and terms,

28  conditions, and restrictions to be incorporated into each

29  special activity license. This subsection does not apply to

30  gear or equipment used by certified marine aquaculturists as

31

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  1  provided for in s. 597.004 to harvest marine aquaculture

  2  products.

  3         (b)  The commission department is authorized to issue

  4  special activity licenses in accordance with this section and

  5  s. 370.31, to permit the importation and, possession, and

  6  aquaculture of wild anadromous sturgeon.  The special activity

  7  license shall provide for specific management practices to

  8  prevent the release and escape of cultured anadromous sturgeon

  9  and to protect indigenous populations of saltwater species.

10         (c)  The Department of Agriculture and Consumer

11  Services is authorized to issue special activity licenses, in

12  accordance with s. 370.071, to permit the harvest or

13  cultivation of oysters, clams, mussels, and crabs when such

14  activities relate to quality control, sanitation, public

15  health regulations, innovative technologies for aquaculture

16  activities, or the protection of shellfish resources provided

17  in this chapter, unless such authority is delegated to the

18  Department of Agriculture and Consumer Services, pursuant to a

19  memorandum of understanding.

20         (d)  The conditions and specific management practices

21  established in this section may be incorporated into permits

22  and authorizations issued pursuant to chapter 253, chapter

23  373, chapter 403, or this chapter, when incorporating such

24  provisions is in accordance with the aquaculture permit

25  consolidation procedures. No separate issuance of a special

26  activity license is required when conditions and specific

27  management practices are incorporated into permits or

28  authorizations under this paragraph. Implementation of this

29  section to consolidate permitting actions does not constitute

30  rules within the meaning of s. 120.52.

31

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  1         (e)  The commission department is authorized to issue

  2  special activity licenses in accordance with s. ss. 370.071,

  3  370.101, and this section; aquaculture permit consolidation

  4  procedures in s. 370.26(2)(3)(a); and rules of the Marine

  5  Fisheries commission to permit the capture and possession of

  6  saltwater species protected by law and used as stock for

  7  artificial cultivation and propagation.

  8         (f)  The commission department is authorized to adopt

  9  rules to govern the administration of special activities

10  licenses as provided in this chapter and rules of the Marine

11  Fisheries commission. Such rules may prescribe application

12  requirements and terms, conditions, and restrictions for any

13  such special activity license requested pursuant to this

14  section.

15         (5)  APALACHICOLA BAY OYSTER HARVESTING LICENSE.--

16         (a)  For purposes of this section, the following

17  definitions shall apply:

18         1.  "Person" means an individual.

19         2.  "Resident" means any person who has:

20         a.  Continuously resided in this state for 6 months

21  immediately preceding the making of his or her application for

22  an Apalachicola Bay oyster harvesting license; or

23         b.  Established a domicile in this state and evidenced

24  that domicile as provided in s. 222.17.

25         (b)  No person shall harvest oysters from the

26  Apalachicola Bay without a valid Apalachicola Bay oyster

27  harvesting license issued by the Department of Agriculture and

28  Consumer Services. This requirement shall not apply to anyone

29  harvesting noncommercial quantities of oysters in accordance

30  with chapter 46-27, Florida Administrative Code, or to any

31  person less than 18 years old.

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  1         (c)  Any person wishing to obtain an Apalachicola Bay

  2  oyster harvesting license shall submit an annual fee for the

  3  license during a 45-day period from May 17 to June 30 of each

  4  year preceding the license year for which the license is

  5  valid. Failure to pay the annual fee within the required time

  6  period shall result in a $500 late fee being imposed before

  7  issuance of the license.

  8         (d)  The Department of Agriculture and Consumer

  9  Services shall collect an annual fee of $100 from residents

10  and $500 from nonresidents for the issuance of an Apalachicola

11  Bay oyster harvesting license. The license year shall begin on

12  July 1 of each year and end on June 30 of the following year.

13  The license shall be valid only for the licensee. Only bona

14  fide residents of Florida may obtain a resident license

15  pursuant to this subsection.

16         (e)  Each person who applies for an Apalachicola Bay

17  oyster harvesting license shall, before receiving the license,

18  attend an educational seminar of not more than 16 hours

19  length, developed and conducted jointly by the Apalachicola

20  National Estuarine Research Reserve, the department's Division

21  of Law Enforcement of the Fish and Wildlife Conservation

22  Commission, and the Department of Agriculture and Consumer

23  Services' department's Apalachicola District Shellfish

24  Environmental Assessment Laboratory. The seminar shall

25  address, among other things, oyster biology, conservation of

26  the Apalachicola Bay, sanitary care of oysters, small business

27  management, and water safety. The seminar shall be offered

28  five times per year, and each person attending shall receive a

29  certificate of participation to present when obtaining an

30  Apalachicola Bay oyster harvesting license.

31

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  1         (f)  Each person, while harvesting oysters in

  2  Apalachicola Bay, shall have in possession a valid

  3  Apalachicola Bay oyster harvesting license, or proof of having

  4  applied for a license within the required time period, and

  5  shall produce such license or proof of application upon

  6  request of any law enforcement officer.

  7         (g)  Each person who obtains an Apalachicola Bay oyster

  8  harvesting license shall prominently display the license

  9  number upon any vessel the person owns which is used for the

10  taking of oysters, in numbers which are at least 10 inches

11  high and 1 inch wide, so that the permit number is readily

12  identifiable from the air and water. Only one vessel

13  displaying a given number may be used at any time. A licensee

14  may harvest oysters from the vessel of another licensee.

15         (h)  Any person holding an Apalachicola Bay oyster

16  harvesting license shall receive credit for the license fee

17  against the saltwater products license fee.

18         (i)  The proceeds from Apalachicola Bay oyster

19  harvesting license fees shall be deposited in the General

20  Inspections Marine Resources Conservation Trust Fund and, less

21  reasonable administrative costs, shall be used or distributed

22  by the Department of Agriculture and Consumer Services for the

23  following purposes in Apalachicola Bay:

24         1.  Relaying and transplanting live oysters.

25         2.  Shell planting to construct or rehabilitate oyster

26  bars.

27         3.  Education programs for licensed oyster harvesters

28  on oyster biology, aquaculture, boating and water safety,

29  sanitation, resource conservation, small business management,

30  marketing, and other relevant subjects.

31

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  1         4.  Research directed toward the enhancement of oyster

  2  production in the bay and the water management needs of the

  3  bay.

  4         (j)  Any person who violates any of the provisions of

  5  paragraphs (b) and (d)-(g) commits a misdemeanor of the second

  6  degree, punishable as provided in ss. 775.082 and 775.083.

  7  Nothing in this subsection shall limit the application of

  8  existing penalties.

  9         (k)  Any oyster harvesting license issued pursuant to

10  this subsection must be in compliance with the rules of the

11  Fish and Wildlife Conservation Commission regulating gear or

12  equipment, harvest seasons, size and bag limits, and the

13  taking of saltwater species.

14         Section 42.  Section 370.0608, Florida Statutes, 1998

15  Supplement, is amended to read:

16         370.0608  Deposit of license fees; allocation of

17  federal funds.--

18         (1)  All license fees collected pursuant to s. 370.0605

19  shall be deposited into the Marine Resources Conservation

20  Trust Fund, to be used as follows:

21         (a)  Not more than 5 percent of the total fees

22  collected shall be for the Marine Fisheries Commission to be

23  used to carry out the responsibilities of the Fish and

24  Wildlife Conservation Commission and to provide for the award

25  of funds to marine research institutions in this state for the

26  purposes of enabling such institutions to conduct worthy

27  marine research projects.

28         (b)  Not less than 2.5 percent of the total fees

29  collected shall be used for aquatic education purposes.

30         (c)1.  The remainder of such fees shall be used by the

31  department for the following program functions:

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  1         a.  Not more than 5 percent of the total fees

  2  collected, for administration of the licensing program and for

  3  information and education.

  4         b.  Not more than 30 percent of the total fees

  5  collected, for law enforcement.

  6         c.  Not less than 27.5 percent of the total fees

  7  collected, for marine research.

  8         d.  Not less than 30 percent of the total fees

  9  collected, for fishery enhancement, including, but not limited

10  to, fishery statistics development, artificial reefs, and fish

11  hatcheries.

12         2.  The Legislature shall annually appropriate to the

13  commission Department of Environmental Protection from the

14  General Revenue Fund for the activities and programs specified

15  in subparagraph 1. at least the same amount of money as was

16  appropriated to the Department of Environmental Protection

17  from the General Revenue Fund for such activities and programs

18  for fiscal year 1988-1989, and the amounts appropriated to the

19  commission department for such activities and programs from

20  the Marine Resources Conservation Trust Fund shall be in

21  addition to the amount appropriated to the commission

22  department for such activities and programs from the General

23  Revenue Fund. The proceeds from recreational saltwater fishing

24  license fees paid by fishers shall only be appropriated to the

25  commission Department of Environmental Protection.

26         (2)  The Department of Environmental Protection and the

27  Game and Fresh Water Fish Commission shall develop and

28  maintain a memorandum of understanding to provide for the

29  equitable allocation of federal aid available to Florida

30  pursuant to the Sport Fish Restoration Administration Funds.

31  Funds available from the Wallop-Breaux Aquatic Resources Trust

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  1  Fund shall be distributed by the commission between the Bureau

  2  of Freshwater Fisheries and the Bureau of Marine Fisheries

  3  department and the commission in proportion to the numbers of

  4  resident fresh and saltwater anglers as determined by the most

  5  current data on license sales.  Unless otherwise provided by

  6  federal law, the department and the commission, at a minimum,

  7  shall provide the following:

  8         (a)  Not less than 5 percent or more than 10 percent of

  9  the funds allocated to the commission each agency shall be

10  expended for an aquatic resources education program; and

11         (b)  Not less than 10 percent of the funds allocated to

12  the commission each agency shall be expended for acquisition,

13  development, renovation, or improvement of boating facilities.

14         (3)  All license fees collected pursuant to s. 370.0605

15  shall be transferred to the Marine Resources Conservation

16  Trust Fund within 7 days following the last business day of

17  the week in which the license fees were received by the

18  commission.  One-fifth of the total proceeds derived from the

19  sale of 5-year licenses and replacement 5-year licenses, and

20  all interest derived therefrom, shall be available for

21  appropriation annually.

22         Section 43.  Section 370.063, Florida Statutes, is

23  amended to read:

24         370.063  Special recreational crawfish license.--There

25  is created a special recreational crawfish license, to be

26  issued to qualified persons as provided by this section for

27  the recreational harvest of crawfish (spiny lobster) beginning

28  August 5, 1994.

29         (1)  The special recreational crawfish license shall be

30  available to any individual crawfish trap number holder who

31  also possesses a saltwater products license during the

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  1  1993-1994 license year.  For the 1994-1995 license year and

  2  for each license year thereafter, A person issued a special

  3  recreational crawfish license may not also possess a trap

  4  number.

  5         (2)  Beginning August 5, 1994, The special recreational

  6  crawfish license is required in order to harvest crawfish from

  7  state territorial waters in quantities in excess of the

  8  regular recreational bag limit but not in excess of a special

  9  bag limit as to be established by the Marine Fisheries

10  Commission for these harvesters before the 1994-1995 license

11  year. Such special bag limit does not apply during the 2-day

12  sport season established by the Fish and Wildlife Conservation

13  Commission.

14         (3)  The holder of a special recreational crawfish

15  license must also possess the recreational crawfish stamp

16  required by s. 370.14(11) and the license required by s.

17  370.0605.

18         (4)  As a condition precedent to the issuance of a

19  special recreational crawfish license, the applicant must

20  agree to file quarterly reports with the Fish and Wildlife

21  Conservation Commission Division of Marine Resources of the

22  Department of Environmental Protection, in such form as the

23  commission division requires, detailing the amount of the

24  licenseholder's crawfish (spiny lobster) harvest in the

25  previous quarter, including the harvest of other recreational

26  harvesters aboard the licenseholder's vessel.

27         (5)  The Fish and Wildlife Conservation Commission

28  Department of Environmental Protection shall issue special

29  recreational crawfish licenses beginning in 1994 for the

30  1994-1995 license year. The fee for each such license is $100

31  per year. Each license issued in any 1994 for the 1994-1995

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  1  license year must be renewed by June 30 of each subsequent

  2  year by the initial individual holder thereof. Noncompliance

  3  with the reporting requirement in subsection (4) or with the

  4  special recreational bag limit established under subsection

  5  (6) constitutes grounds for which the commission department

  6  may refuse to renew the license for a subsequent license year.

  7  The number of such licenses outstanding in any one license

  8  year may not exceed the number issued for the 1994-1995

  9  license year. A license is not transferable by any method.

10  Licenses that are not renewed expire and may be reissued by

11  the commission in the subsequent department beginning in the

12  1995-1996 license year to new applicants otherwise qualified

13  under this section.

14         (6)  To promote conservation of the spiny lobster

15  (crawfish) resource, consistent with equitable distribution

16  and availability of the resource, the Marine Fisheries

17  commission shall establish a spiny lobster management plan

18  incorporating the special recreational crawfish license,

19  including, but not limited to, the establishment of a special

20  recreational bag limit for the holders of such license as

21  required by subsection (2). Such special recreational bag

22  limit must not be less than twice the higher of the daily

23  recreational bag limits.

24         (7)  The proceeds of the fees collected under this

25  section must be deposited in the Marine Resources Conservation

26  Trust Fund and used as follows:

27         (a)  Thirty-five percent for research and the

28  development of reliable recreational catch statistics for the

29  crawfish (spiny lobster) fishery.

30

31

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  1         (b)  Twenty Forty-five percent to be used by the

  2  Department of Environmental Protection for administration and

  3  enforcement of this section.

  4         (c)  Forty-five Twenty percent to be used by the Marine

  5  Fisheries Commission for enforcement the purposes of this

  6  section.

  7         (8)  The Department of Environmental Protection may

  8  adopt rules to carry out the purpose and intent of the special

  9  recreational lobster license program.

10         Section 44.  Section 370.071, Florida Statutes, is

11  amended to read:

12         370.071  Shellfish processors; regulation.--

13         (1)  The Department of Agriculture and Consumer

14  Services, hereinafter referred to as department, is authorized

15  to adopt by rule regulations, specifications, and codes

16  relating to sanitary practices for catching, cultivating,

17  handling, processing, packaging, preserving, canning, smoking,

18  and storing of oysters, clams, mussels, and crabs.  The

19  department is also authorized to license aquaculture

20  facilities used to culture oysters, clams, mussels, and crabs

21  when such activities relate to quality control, sanitary, and

22  public health practices pursuant to this section and s.

23  370.06(4).  The department is also authorized to license or

24  certify facilities used for processing oysters, clams,

25  mussels, and crabs, to suspend or revoke such licenses or

26  certificates upon satisfactory evidence of any violation of

27  rules adopted pursuant to this section, and to seize and

28  destroy any adulterated or misbranded shellfish products as

29  defined by rule.

30         (2)  A shellfish processing plant certification license

31  is required to operate any facility in which oysters, clams,

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  1  mussels, or crabs are processed, including but not limited to:

  2  an oyster, clam, or mussel cannery; a shell stock dealership;

  3  an oyster, clam, or mussel shucking plant; an oyster, clam, or

  4  mussel repacking plant; an oyster, clam, or mussel controlled

  5  purification plant; or a crab or soft-shell crab processing or

  6  shedding plant.

  7         (3)  The department may suspend or revoke any shellfish

  8  processing plant certification license upon satisfactory

  9  evidence that the licensee has violated any regulation,

10  specification, or code adopted under this section and may

11  seize and destroy any shellfish product which is defined by

12  rule to be an adulterated or misbranded shellfish product.

13         Section 45.  Section 370.12, Florida Statutes, 1998

14  Supplement, is amended to read:

15         370.12  Marine animals; regulation.--

16         (1)  PROTECTION OF MARINE TURTLES.--

17         (a)  This subsection may be cited as the "Marine Turtle

18  Protection Act."

19         (b)  The Legislature intends, pursuant to the

20  provisions of this subsection, to ensure that the Fish and

21  Wildlife Conservation Commission Department of Environmental

22  Protection has the appropriate authority and resources to

23  implement its responsibilities under the recovery plans of the

24  United States Fish and Wildlife Service for the following

25  species of marine turtle:

26         1.  Atlantic loggerhead turtle (Caretta caretta

27  caretta).

28         2.  Atlantic green turtle (Chelonis mydas mydas).

29         3.  Leatherback turtle (Dermochelys coriacea).

30         4.  Atlantic hawksbill turtle (Eretmochelys imbricata

31  imbricata).

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  1         5.  Atlantic ridley turtle (Lepidochelys kempi).

  2         (c)1.  Unless otherwise provided by the federal

  3  Endangered Species Act or its implementing regulations, no

  4  person may take, possess, disturb, mutilate, destroy, cause to

  5  be destroyed, sell, offer for sale, transfer, molest, or

  6  harass any marine turtle or its nest or eggs at any time.  For

  7  purposes of this subsection, "take" means an act which

  8  actually kills or injures marine turtles, and includes

  9  significant habitat modification or degradation that kills or

10  injures marine turtles by significantly impairing essential

11  behavioral patterns, such as breeding, feeding, or sheltering.

12         2.  Unless otherwise provided by the federal Endangered

13  Species Act or its implementing regulations, no person, firm,

14  or corporation may take, kill, disturb, mutilate, molest,

15  harass, or destroy any marine turtle.

16         3.  No person, firm, or corporation may possess any

17  marine turtle, their nests, eggs, hatchlings, or parts thereof

18  unless it is in possession of a special permit or loan

19  agreement from the commission department enabling the holder

20  to possess a marine turtle or parts thereof for scientific,

21  educational, or exhibitional purposes, or for conservation

22  activities such as relocating nests, eggs, or animals away

23  from construction sites. Notwithstanding any other provisions

24  of general or special law to the contrary, the commission

25  department may issue such authorization to any properly

26  accredited person for the purpose of marine turtle

27  conservation upon such terms, conditions, and restrictions as

28  it may prescribe by rule adopted pursuant to chapter 120. The

29  commission department shall have the authority to adopt rules

30  pursuant to chapter 120 to permit the possession of marine

31

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  1  turtles pursuant to this paragraph. For the purposes of this

  2  subsection, a "properly accredited person" is defined as:

  3         a.  Students of colleges or universities whose studies

  4  with saltwater animals are under the direction of their

  5  teacher or professor;

  6         b.  Scientific or technical faculty of public or

  7  private colleges or universities;

  8         c.  Scientific or technical employees of private

  9  research institutions and consulting firms;

10         d.  Scientific or technical employees of city, county,

11  state, or federal research or regulatory agencies;

12         e.  Members in good standing or recognized and properly

13  chartered conservation organizations, the Audubon Society, or

14  the Sierra Club;

15         f.  Persons affiliated with aquarium facilities or

16  museums, or contracted as an agent therefor, which are open to

17  the public with or without an admission fee; or

18         g.  Persons without specific affiliations listed above,

19  but who are recognized by the commission department for their

20  contributions to marine conservation such as scientific or

21  technical publications, or through a history of cooperation

22  with the commission department in conservation programs such

23  as turtle nesting surveys, or through advanced educational

24  programs such as high school marine science centers.

25         (d)  Any application for a Department of Environmental

26  Protection permit or other type of approval for an activity

27  that affects marine turtles or their nests or habitat shall be

28  subject to conditions and requirements for marine turtle

29  protection as part of the permitting or approval process.

30         (e)  The Department of Environmental Protection may

31  condition the nature, timing, and sequence of construction of

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  1  permitted activities to provide protection to nesting marine

  2  turtles and hatchlings and their habitat pursuant to the

  3  provisions of s. 161.053(5).  When the department is

  4  considering a permit for a beach restoration, beach

  5  renourishment, or inlet sand transfer project and the

  6  applicant has had an active marine turtle nest relocation

  7  program or the applicant has agreed to and has the ability to

  8  administer a program, the department must not restrict the

  9  timing of the project.  Where appropriate, the department, in

10  accordance with the applicable rules of the Fish and Wildlife

11  Conservation Commission, shall require as a condition of the

12  permit that the applicant relocate and monitor all turtle

13  nests that would be affected by the beach restoration, beach

14  renourishment, or sand transfer activities.  Such relocation

15  and monitoring activities shall be conducted in a manner that

16  ensures successful hatching. This limitation on the

17  department's authority applies only on the Atlantic coast of

18  Florida.

19         (f)  The department shall recommend denial of a permit

20  application if the activity would result in a "take" as

21  defined in this subsection, unless, as provided for in the

22  federal Endangered Species Act and its implementing

23  regulations, such taking is incidental to, and not the purpose

24  of, the carrying out of an otherwise lawful activity.

25         (g)  The department shall give special consideration to

26  beach preservation and beach nourishment projects that restore

27  habitat of endangered marine turtle species.  Nest relocation

28  shall be considered for all such projects in urbanized areas.

29  When an applicant for a beach restoration, beach

30  renourishment, or inlet sand transfer project has had an

31  active marine turtle nest relocation program or the applicant

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  1  has agreed to have and has the ability to administer a

  2  program, the department in issuing a permit for a project must

  3  not restrict the timing of the project.  Where appropriate,

  4  the department, in accordance with the applicable rules of the

  5  Fish and Wildlife Conservation Commission, shall require as a

  6  condition of the permit that the applicant relocate and

  7  monitor all turtle nests that would be affected by the beach

  8  restoration, beach renourishment, or sand transfer activities.

  9  Such relocation and monitoring activities shall be conducted

10  in a manner that ensures successful hatching.  This limitation

11  on the department's authority applies only on the Atlantic

12  coast of Florida.

13         (h)  The Fish and Wildlife Conservation Commission

14  department shall provide grants to coastal local governments,

15  educational institutions, and Florida-based nonprofit

16  organizations to conduct marine turtle research, conservation,

17  and education activities within the state. The commission

18  department shall adopt by rule pursuant to chapter 120

19  procedures for submitting grant applications and criteria for

20  allocating available funds. The criteria must include the

21  scope of the proposed activity, the relevance of the proposed

22  activity to the recovery plans for marine turtles, the demand

23  and public support for the proposed activity, the duration of

24  the proposed activity, the availability of alternative

25  funding, and the estimated cost of the activity. The executive

26  director secretary of the commission department shall appoint

27  a committee of at least five members, including at least two

28  nongovernmental representatives, to consider and choose grant

29  recipients from proposals submitted by eligible entities.

30  Committee members shall not receive any compensation from the

31  commission department.

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  1         (2)  PROTECTION OF MANATEES OR SEA COWS.--

  2         (a)  This subsection shall be known and may be cited as

  3  the "Florida Manatee Sanctuary Act."

  4         (b)  The State of Florida is hereby declared to be a

  5  refuge and sanctuary for the manatee, the "Florida state

  6  marine mammal."

  7         (c)  Whenever the Fish and Wildlife Conservation

  8  Commission department is satisfied that the interest of

  9  science will be subserved, and that the application for a

10  permit to possess a manatee or sea cow (Trichechus manatus) is

11  for a scientific or propagational purpose and should be

12  granted, and after concurrence by the United States Department

13  of the Interior, the commission Division of Marine Resources

14  may grant to any person making such application a special

15  permit to possess a manatee or sea cow, which permit shall

16  specify the exact number which shall be maintained in

17  captivity.

18         (d)  Except as may be authorized by the terms of a

19  valid state permit issued pursuant to paragraph (c) or by the

20  terms of a valid federal permit, it is unlawful for any person

21  at any time, by any means, or in any manner intentionally or

22  negligently to annoy, molest, harass, or disturb or attempt to

23  molest, harass, or disturb any manatee; injure or harm or

24  attempt to injure or harm any manatee; capture or collect or

25  attempt to capture or collect any manatee; pursue, hunt,

26  wound, or kill or attempt to pursue, hunt, wound, or kill any

27  manatee; or possess, literally or constructively, any manatee

28  or any part of any manatee.

29         (e)  Any gun, net, trap, spear, harpoon, boat of any

30  kind, aircraft, automobile of any kind, other motorized

31  vehicle, chemical, explosive, electrical equipment, scuba or

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  1  other subaquatic gear, or other instrument, device, or

  2  apparatus of any kind or description used in violation of any

  3  provision of paragraph (d) may be forfeited upon conviction.

  4  The foregoing provisions relating to seizure and forfeiture of

  5  vehicles, vessels, equipment, or supplies do not apply when

  6  such vehicles, vessels, equipment, or supplies are owned by,

  7  or titled in the name of, innocent parties; and such

  8  provisions shall not vitiate any valid lien, retain title

  9  contract, or chattel mortgage on such vehicles, vessels,

10  equipment, or supplies if such lien, retain title contract, or

11  chattel mortgage is property of public record at the time of

12  the seizure.

13         (f)  In order to protect manatees or sea cows from

14  harmful collisions with motorboats or from harassment, the

15  Fish and Wildlife Conservation Commission Department of

16  Environmental Protection shall adopt rules under chapter 120

17  regarding the expansion of existing, or construction of new,

18  marine facilities and mooring or docking slips, by the

19  addition or construction of five or more powerboat slips, and

20  regulating the operation and speed of motorboat traffic, only

21  where manatee sightings are frequent and it can be generally

22  assumed, based on available scientific information, that they

23  inhabit these areas on a regular or continuous basis:

24         1.  In Lee County: the entire Orange River, including

25  the Tice Florida Power and Light Corporation discharge canal

26  and adjoining waters of the Caloosahatchee River within 1 mile

27  of the confluence of the Orange and Caloosahatchee Rivers.

28         2.  In Brevard County: those portions of the Indian

29  River within three-fourths of a mile of the Orlando Utilities

30  Commission Delespine power plant effluent and the Florida

31  Power and Light Frontenac power plant effluents.

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  1         3.  In Indian River County: the discharge canals of the

  2  Vero Beach Municipal Power Plant and connecting waters within

  3  1 1/4  miles thereof.

  4         4.  In St. Lucie County: the discharge of the Henry D.

  5  King Municipal Electric Station and connecting waters within 1

  6  mile thereof.

  7         5.  In Palm Beach County: the discharges of the Florida

  8  Power and Light Riviera Beach power plant and connecting

  9  waters within 1 1/2  miles thereof.

10         6.  In Broward County: the discharge canal of the

11  Florida Power and Light Port Everglades power plant and

12  connecting waters within 1 1/2  miles thereof and the

13  discharge canal of the Florida Power and Light Fort Lauderdale

14  power plant and connecting waters within 2 miles thereof. For

15  purposes of ensuring the physical safety of boaters in a

16  sometimes turbulent area, the area from the easternmost edge

17  of the authorized navigation project of the intracoastal

18  waterway east through the Port Everglades Inlet is excluded

19  from this regulatory zone.

20         7.  In Citrus County: headwaters of the Crystal River,

21  commonly referred to as King's Bay, and the Homosassa River.

22         8.  In Volusia County: Blue Springs Run and connecting

23  waters of the St. Johns River within 1 mile of the confluence

24  of Blue Springs and the St. Johns River; and Thompson Creek,

25  Strickland Creek, Dodson Creek, and the Tomoka River.

26         9.  In Hillsborough County: that portion of the Alafia

27  River from the main shipping channel in Tampa Bay to U.S.

28  Highway 41.

29         10.  In Sarasota County: the Venice Inlet and

30  connecting waters within 1 mile thereof, including Lyons Bay,

31  Donna Bay, Roberts Bay, and Hatchett Creek, excluding the

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  1  waters of the intracoastal waterway and the right-of-way

  2  bordering the centerline of the intracoastal waterway.

  3         11.  In Collier County: within the Port of Islands,

  4  within section 9, township 52 south, range 28 east, and

  5  certain unsurveyed lands, all east-west canals and the

  6  north-south canals to the southerly extent of the intersecting

  7  east-west canals which lie southerly of the centerline of U.S.

  8  Highway 41.

  9         12.  In Manatee County: that portion of the Manatee

10  River east of the west line of section 17, range 19 east,

11  township 34 south; the Braden River south of the north line

12  and east of the west line of section 29, range 18 east,

13  township 34 south; Terra Ceia Bay and River, east of the west

14  line of sections 26 and 35 of range 17 east, township 33

15  south, and east of the west line of section 2, range 17 east,

16  township 34 south; and Bishop Harbor east of the west line of

17  section 13, range 17 east, township 33 south.

18         13.  In Dade County: those portions of Black Creek

19  lying south and east of the water control dam, including all

20  boat basins and connecting canals within 1 mile of the dam.

21         (g)  The Fish and Wildlife Conservation Commission

22  Department of Environmental Protection shall adopt rules

23  pursuant to chapter 120 regulating the operation and speed of

24  motorboat traffic only where manatee sightings are frequent

25  and it can be generally assumed that they inhabit these areas

26  on a regular or continuous basis within that portion of the

27  Indian River between the St. Lucie Inlet in Martin County and

28  the Jupiter Inlet in Palm Beach County. In addition, the

29  commission department shall adopt rules pursuant to chapter

30  120 regulating the operation and speed of motorboat traffic

31  only where manatee sightings are frequent and it can be

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  1  generally assumed that they inhabit these areas on a regular

  2  or continuous basis within the Loxahatchee River in Palm Beach

  3  and Martin Counties, including the north and southwest forks

  4  thereof. A limited lane or corridor providing for reasonable

  5  motorboat speeds may be identified and designated within this

  6  area.

  7         (h)  The commission department shall adopt rules

  8  pursuant to chapter 120 regulating the operation and speed of

  9  motorboat traffic only where manatee sightings are frequent

10  and it can be generally assumed that they inhabit these areas

11  on a regular or continuous basis within the Withlacoochee

12  River and its tributaries in Citrus and Levy Counties.  The

13  specific areas to be regulated include the Withlacoochee River

14  and the U.S. 19 bridge westward to a line between U.S. Coast

15  Guard markers number 33 and number 34 at the mouth of the

16  river, including all side channels and coves along that

17  portion of the river; Bennets' Creek from its beginning to its

18  confluence with the Withlacoochee River; Bird's Creek from its

19  beginning to its confluence with the Withlacoochee River; and

20  the two dredged canal systems on the north side of the

21  Withlacoochee River southwest of Yankeetown.  A limited lane

22  or corridor providing for reasonable motorboat speeds may be

23  identified and designated within this area.

24         (i)  If any new power plant is constructed or other

25  source of warm water discharge is discovered within the state

26  which attracts a concentration of manatees or sea cows, the

27  Fish and Wildlife Conservation Commission Department of

28  Environmental Protection is directed to adopt rules pursuant

29  to chapter 120 regulating the operation and speed of motorboat

30  traffic within the area of such discharge. Such rules shall

31  designate a zone which is sufficient in size, and which shall

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  1  remain in effect for a sufficient period of time, to protect

  2  the manatees or sea cows.

  3         (j)  It is the intent of the Legislature through

  4  adoption of this paragraph to allow the Fish and Wildlife

  5  Conservation Commission Department of Environmental Protection

  6  to post and regulate boat speeds only where manatee sightings

  7  are frequent and it can be generally assumed that they inhabit

  8  these areas on a regular or continuous basis. It is not the

  9  intent of the Legislature to permit the commission department

10  to post and regulate boat speeds generally in the

11  above-described inlets, bays, rivers, creeks, thereby unduly

12  interfering with the rights of fishers, boaters, and water

13  skiers using the areas for recreational and commercial

14  purposes. Limited lanes or corridors providing for reasonable

15  motorboat speeds may be identified and designated within these

16  areas.

17         (k)  The commission department shall adopt rules

18  pursuant to chapter 120 regulating the operation and speed of

19  motorboat traffic all year around within Turkey Creek and its

20  tributaries and within Manatee Cove in Brevard County.  The

21  specific areas to be regulated consist of:

22         1.  A body of water which starts at Melbourne-Tillman

23  Drainage District structure MS-1, section 35, township 28

24  south, range 37 east, running east to include all natural

25  waters and tributaries of Turkey Creek, section 26, township

26  28 south, range 37 east, to the confluence of Turkey Creek and

27  the Indian River, section 24, township 28 south, range 37

28  east, including all lagoon waters of the Indian River bordered

29  on the west by Palm Bay Point, the north by Castaway Point,

30  the east by the four immediate spoil islands, and the south by

31

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  1  Cape Malabar, thence northward along the shoreline of the

  2  Indian River to Palm Bay Point.

  3         2.  A triangle-shaped body of water forming a cove

  4  (commonly referred to as Manatee Cove) on the east side of the

  5  Banana River, with northern boundaries beginning and running

  6  parallel to the east-west cement bulkhead located 870 feet

  7  south of SR 520 Relief Bridge in Cocoa Beach and with western

  8  boundaries running in line with the City of Cocoa Beach

  9  channel markers 121 and 127 and all waters east of these

10  boundaries in section 34, township 24 south, range 37 east;

11  the center coordinates of this cove are 28°20'14" north,

12  80°35'17" west.

13         (l)  The Legislature recognizes that, while the manatee

14  or sea cow is designated a marine mammal by federal law, many

15  of the warm water wintering areas are in freshwater springs

16  and rivers which are under the primary state law enforcement

17  jurisdiction of the Florida Game and Fresh Water Fish

18  Commission. The law enforcement provisions of this section

19  shall be carried out jointly by the department and the

20  commission, with the department serving as the lead agency.

21  The specific areas of jurisdictional responsibility are to be

22  established between the department and the commission by

23  interagency agreement.

24         (l)(m)  The commission department shall promulgate

25  regulations pursuant to chapter 120 relating to the operation

26  and speed of motor boat traffic in port waters with due regard

27  to the safety requirements of such traffic and the

28  navigational hazards related to the movement of commercial

29  vessels.

30         (m)(n)  The commission department may designate by rule

31  adopted pursuant to chapter 120 other portions of state waters

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  1  where manatees are frequently sighted and it can be assumed

  2  that manatees inhabit such waters periodically or

  3  continuously. Upon designation of such waters, the commission

  4  department shall adopt rules pursuant to chapter 120 to

  5  regulate motorboat speed and operation which are necessary to

  6  protect manatees from harmful collisions with motorboats and

  7  from harassment. The commission department may adopt rules

  8  pursuant to chapter 120 to protect manatee habitat, such as

  9  seagrass beds, within such waters from destruction by boats or

10  other human activity.  Such rules shall not protect noxious

11  aquatic plants subject to control under s. 369.20.

12         (n)(o)  The commission department may designate, by

13  rule adopted pursuant to chapter 120, limited areas as a safe

14  haven for manatees to rest, feed, reproduce, give birth, or

15  nurse undisturbed by human activity. Access by motor boat to

16  private residences, boat houses, and boat docks through these

17  areas by residents, and their authorized guests, who must

18  cross one of these areas to have water access to their

19  property is permitted when the motorboat is operated at idle

20  speed, no wake.

21         (o)(p)  Except in the marked navigation channel of the

22  Florida Intracoastal Waterway as defined in s. 327.02 and the

23  area within 100 feet of such channel, a local government may

24  regulate, by ordinance, motorboat speed and operation on

25  waters within its jurisdiction where manatees are frequently

26  sighted and can be generally assumed to inhabit periodically

27  or continuously. However, such an ordinance may not take

28  effect until it has been reviewed and approved by the

29  commission department.  If the commission department and a

30  local government disagree on the provisions of an ordinance, a

31  local manatee protection committee must be formed to review

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  1  the technical data of the commission department and the United

  2  States Fish and Wildlife Service, and to resolve conflicts

  3  regarding the ordinance. The manatee protection committee must

  4  be comprised of:

  5         1.  A representative of the commission department;

  6         2.  A representative of the county;

  7         3.  A representative of the United States Fish and

  8  Wildlife Service;

  9         4.  A representative of a local marine-related

10  business;

11         5.  A representative of the Save the Manatee Club;

12         6.  A local fisher;

13         7.  An affected property owner; and

14         8.  A representative of the Florida Marine Patrol.

15

16  If local and state regulations are established for the same

17  area, the more restrictive regulation shall prevail.

18         (p)(q)  The commission department shall evaluate the

19  need for use of fenders to prevent crushing of manatees

20  between vessels (100' or larger) and bulkheads or wharves in

21  counties where manatees have been crushed by such vessels.

22  For areas in counties where evidence indicates that manatees

23  have been crushed between vessels and bulkheads or wharves,

24  the commission department shall:

25         1.  Adopt rules pursuant to chapter 120 requiring use

26  of fenders for construction of future bulkheads or wharves;

27  and

28         2.  Implement a plan and time schedule to require

29  retrofitting of existing bulkheads or wharves consistent with

30  port bulkhead or wharf repair or replacement schedules.

31

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  1  The fenders shall provide sufficient standoff from the

  2  bulkhead or wharf under maximum operational compression to

  3  ensure that manatees cannot be crushed between the vessel and

  4  the bulkhead or wharf.

  5         (q)(r)  Any violation of a restricted area established

  6  by this subsection, or established by rule pursuant to chapter

  7  120 or ordinance pursuant to this subsection, shall be

  8  considered a violation of the boating laws of this state and

  9  shall be charged on a uniform boating citation as provided in

10  s. 327.74, except as otherwise provided in paragraph (s).  Any

11  person who refuses to post a bond or accept and sign a uniform

12  boating citation shall, as provided in s. 327.73(3), be guilty

13  of a misdemeanor of the second degree, punishable as provided

14  in s. 775.082 or s. 775.083.

15         (r)(s)  Except as otherwise provided in this paragraph,

16  any person violating the provisions of this subsection or any

17  rule or ordinance adopted pursuant to this subsection shall be

18  guilty of a misdemeanor, punishable as provided in s.

19  370.021(2)(a) or (b).

20         1.  Any person operating a vessel in excess of a posted

21  speed limit shall be guilty of a civil infraction, punishable

22  as provided in s. 327.73, except as provided in subparagraph

23  2.

24         2.  This paragraph does not apply to persons violating

25  restrictions governing "No Entry" zones or "Motorboat

26  Prohibited" zones, who, if convicted, shall be guilty of a

27  misdemeanor, punishable as provided in s. 370.021(2)(a) or

28  (b), or, if such violation demonstrates blatant or willful

29  action, may be found guilty of harassment as described in

30  paragraph (d).

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  1         (3)  PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It

  2  is unlawful to catch, attempt to catch, molest, injure, kill,

  3  or annoy, or otherwise interfere with the normal activity and

  4  well-being of, mammalian dolphins (porpoises), except as may

  5  be authorized as a federal permit.

  6         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

  7         (a)  Each fiscal year the Save the Manatee Trust Fund

  8  shall be available to fund an impartial scientific benchmark

  9  census of the manatee population in the state. Weather

10  permitting, the study shall be conducted annually by the Fish

11  and Wildlife Conservation Commission Department of

12  Environmental Protection and the results shall be made

13  available to the President of the Senate, the Speaker of the

14  House of Representatives, and the Governor and Cabinet for use

15  in the evaluation and development of manatee protection

16  measures. In addition, the Save the Manatee Trust Fund shall

17  be available for annual funding of activities of public and

18  private organizations and those of the commission department

19  intended to provide manatee and marine mammal protection and

20  recovery effort; manufacture and erection of informational and

21  regulatory signs; production, publication, and distribution of

22  educational materials; participation in manatee and marine

23  mammal research programs, including carcass salvage and other

24  programs; programs intended to assist the recovery of the

25  manatee as an endangered species, assist the recovery of the

26  endangered or threatened marine mammals, and prevent the

27  endangerment of other species of marine mammals; and other

28  similar programs intended to protect and enhance the recovery

29  of the manatee and other species of marine mammals. The

30  commission department shall annually solicit advisory

31  recommendations from the Save the Manatee Committee affiliated

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  1  with the Save the Manatee Club, as identified and recognized

  2  in Executive Order 85-19, on the use of funds from the Save

  3  the Manatee Trust Fund.

  4         (b)  Each fiscal year moneys in the Save the Manatee

  5  Trust Fund shall also be used, pursuant to s. 327.28(1)(b), to

  6  reimburse the cost of activities related to manatee

  7  rehabilitation by facilities that rescue, rehabilitate, and

  8  release manatees as authorized pursuant to the Fish and

  9  Wildlife Service of the United States Department of the

10  Interior. Such facilities must be involved in the actual

11  rescue and full-time acute care veterinarian-based

12  rehabilitation of manatees. The cost of activities includes,

13  but is not limited to, costs associated with expansion,

14  capital outlay, repair, maintenance, and operations related to

15  the rescue, treatment, stabilization, maintenance, release,

16  and monitoring of manatees. Moneys distributed through

17  contractual agreement to each facility for manatee

18  rehabilitation shall be proportionate to the number of

19  manatees under acute care rehabilitation and those released

20  during the previous fiscal year. However, the reimbursement

21  may not exceed the total amount available pursuant to ss.

22  327.25(7) and 327.28(1)(b) for the purposes provided in this

23  paragraph. Prior to receiving reimbursement for the expenses

24  of rescue, rehabilitation, and release, a facility that

25  qualifies under state and federal regulations shall submit a

26  plan to the Fish and Wildlife Conservation Commission

27  Department of Environmental Protection for assisting the

28  commission department and the Department of Highway Safety and

29  Motor Vehicles in marketing the manatee specialty license

30  plates. At a minimum, the plan shall include provisions for

31  graphics, dissemination of brochures, recorded oral and visual

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  1  presentation, and maintenance of a marketing exhibit. The plan

  2  shall be updated annually and the Fish and Wildlife

  3  Conservation Commission Department of Environmental Protection

  4  shall inspect each marketing exhibit at least once each year

  5  to ensure the quality of the exhibit and promotional material.

  6  Each facility that receives funds for manatee rehabilitation

  7  shall annually provide the commission department a written

  8  report, within 30 days after the close of the state fiscal

  9  year, documenting the efforts and effectiveness of the

10  facility's promotional activities.

11         (c)  By December 1 each year, the Fish and Wildlife

12  Conservation Commission Department of Environmental Protection

13  shall provide the President of the Senate and the Speaker of

14  the House of Representatives a written report, enumerating the

15  amounts and purposes for which all proceeds in the Save the

16  Manatee Trust Fund for the previous fiscal year are expended,

17  in a manner consistent with those recovery tasks enumerated

18  within the manatee recovery plan as required by the Endangered

19  Species Act.

20         (d)  When the federal and state governments remove the

21  manatee from status as an endangered or threatened species,

22  the annual allocation may be reduced.

23         Section 46.  Subsections (2), (3), (8), (9), (10), and

24  (11) of section 370.26, Florida Statutes, 1998 Supplement, are

25  amended to read:

26         370.26  Aquaculture definitions; marine aquaculture

27  products, producers, and facilities.--

28         (2)  The Department of Environmental Protection shall

29  encourage the development of aquaculture and the production of

30  aquaculture products. The department shall develop a process

31  consistent with this section that would consolidate permits,

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  1  general permits, special activity licenses, and other

  2  regulatory requirements to streamline the permitting process

  3  and result in effective regulation of aquaculture activities.

  4  This process shall provide for a single application and

  5  application fee for marine aquaculture activities which are

  6  regulated by the department. Procedures to consolidate

  7  permitting actions under this section do not constitute rules

  8  within the meaning of s. 120.52.

  9         (3)  The Department of Agriculture and Consumer

10  Services shall act as a clearinghouse for aquaculture

11  applications, and act as a liaison between the Fish and

12  Wildlife Conservation Commission Division of Marine Resources,

13  the Division of State Lands, the Department of Environmental

14  Protection district offices, other divisions within the

15  Department of Environmental Protection, and the water

16  management districts. The Department of Agriculture and

17  Consumer Services shall be responsible for regulating marine

18  aquaculture producers, except as specifically provided herein.

19         (8)  The department shall:

20         (a)  Coordinate with the Aquaculture Review Council,

21  the Aquaculture Interagency Coordinating Council, and the

22  Department of Agriculture and Consumer Services when

23  developing criteria for aquaculture general permits.

24         (b)  Permit experimental technologies to collect and

25  evaluate data necessary to reduce or mitigate environmental

26  concerns.

27         (c)  Provide technical expertise and promote the

28  transfer of information that would be beneficial to the

29  development of aquaculture.

30

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  1         (9)  The Fish and Wildlife Conservation Commission

  2  department shall encourage the development of aquaculture in

  3  the state through the following:

  4         (a)  Providing assistance in developing technologies

  5  applicable to aquaculture activities, evaluating practicable

  6  production alternatives, and providing management agreements

  7  to develop innovative culture practices.

  8         (b)  Permitting experimental technologies to collect

  9  and evaluate data necessary to reduce or mitigate

10  environmental concerns.

11         (c)  Providing technical expertise and promoting the

12  transfer of information that would be beneficial to the

13  development of aquaculture.

14         (b)(d)  Facilitating aquaculture research on life

15  histories, stock enhancement, and alternative species, and

16  providing research results that would assist in the

17  evaluation, development, and commercial production of

18  candidate species for aquaculture, including:

19         1.  Providing eggs, larvae, fry, and fingerlings to

20  aquaculturists when excess cultured stocks are available from

21  the commission's department's facilities and the culture

22  activities are consistent with the commission's department's

23  stock enhancement projects.  Such stocks may be obtained by

24  reimbursing the commission department for the cost of

25  production on a per-unit basis. Revenues resulting from the

26  sale of stocks shall be deposited into the trust fund used to

27  support the production of such stocks.

28         2.  Conducting research programs to evaluate candidate

29  species when funding and staff are available.

30         3.  Encouraging the private production of marine fish

31  and shellfish stocks for the purpose of providing such stocks

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  1  for statewide stock enhancement programs.  When such stocks

  2  become available, the commission department shall reduce or

  3  eliminate duplicative production practices that would result

  4  in direct competition with private commercial producers.

  5         4.  Developing a working group, in cooperation with the

  6  Department of Agriculture and Consumer Services, the

  7  Aquaculture Review Council, and the Aquaculture Interagency

  8  Coordinating Council, to plan and facilitate the development

  9  of private marine fish and nonfish hatcheries and to encourage

10  private/public partnerships to promote the production of

11  marine aquaculture products.

12         (c)(e)  Coordinating with Cooperating with the Game and

13  Fresh Water Fish Commission and public and private research

14  institutions within the state to advance the aquaculture

15  production and sale of sturgeon as a food fish.

16         (10)  The Fish and Wildlife Conservation Commission

17  department shall coordinate with the Aquaculture Review

18  Council and the Department of Agriculture and Consumer

19  Services to establish and implement grant programs to provide

20  funding for projects and programs that are identified in the

21  state's aquaculture plan, pending legislative appropriations.

22  The commission department and the Department of Agriculture

23  and Consumer Services shall establish and implement a grant

24  program to make grants available to qualified nonprofit,

25  educational, and research entities or local governments to

26  fund infrastructure, planning, practical and applied research,

27  development projects, production economic analysis, and

28  training and stock enhancement projects, and to make grants

29  available to counties, municipalities, and other state and

30  local entities for applied aquaculture projects that are

31

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  1  directed to economic development, pending legislative

  2  appropriations.

  3         (11)  The Fish and Wildlife Conservation Commission

  4  department shall provide assistance to the Department of

  5  Agriculture and Consumer Services in the development of an

  6  aquaculture plan for the state.

  7         Section 47.  Section 372.072, Florida Statutes, is

  8  amended to read:

  9         372.072  Endangered and Threatened Species Act.--

10         (1)  SHORT TITLE.--This section may be cited as the

11  "Florida Endangered and Threatened Species Act of 1977."

12         (2)  DECLARATION OF POLICY.--The Legislature recognizes

13  that the State of Florida harbors a wide diversity of fish and

14  wildlife and that it is the policy of this state to conserve

15  and wisely manage these resources, with particular attention

16  to those species defined by the Fish and Wildlife Conservation

17  Game and Fresh Water Fish Commission, the Department of

18  Environmental Protection, or the United States Department of

19  Interior, or successor agencies, as being endangered or

20  threatened. As Florida has more endangered and threatened

21  species than any other continental state, it is the intent of

22  the Legislature to provide for research and management to

23  conserve and protect these species as a natural resource.

24         (3)  DEFINITIONS.--As used in this section:

25         (a)  "Fish and wildlife" means any member of the animal

26  kingdom, including, but not limited to, any mammal, fish,

27  bird, amphibian, reptile, mollusk, crustacean, arthropod, or

28  other invertebrate.

29         (b)  "Endangered species" means any species of fish and

30  wildlife naturally occurring in Florida, whose prospects of

31  survival are in jeopardy due to modification or loss of

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  1  habitat; overutilization for commercial, sporting, scientific,

  2  or educational purposes; disease; predation; inadequacy of

  3  regulatory mechanisms; or other natural or manmade factors

  4  affecting its continued existence.

  5         (c)  "Threatened species" means any species of fish and

  6  wildlife naturally occurring in Florida which may not be in

  7  immediate danger of extinction, but which exists in such small

  8  populations as to become endangered if it is subjected to

  9  increased stress as a result of further modification of its

10  environment.

11         (4)  INTERAGENCY COORDINATION.--

12         (a)1.  The Game and Fresh Water Fish commission shall

13  be responsible for research and management of freshwater and

14  upland species, and for research and management of marine

15  species.

16         2.  The Department of Environmental Protection shall be

17  responsible for research and management of marine species.

18         (b)  Recognizing that citizen awareness is a key

19  element in the success of this plan, the Game and Fresh Water

20  Fish commission, the Department of Environmental Protection,

21  and the Office of Environmental Education of the Department of

22  Education are encouraged to work together to develop a public

23  education program with emphasis on, but not limited to, both

24  public and private schools.

25         (c)  The Department of Environmental Protection, the

26  Marine Fisheries Commission, or the Game and Fresh Water Fish

27  commission, in consultation with the Department of Agriculture

28  and Consumer Services, the Department of Commerce, the

29  Department of Community Affairs, or the Department of

30  Transportation, may establish reduced speed zones along roads,

31

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  1  streets, and highways to protect endangered species or

  2  threatened species.

  3         (5)  ANNUAL REPORT.--The director of the Game and Fresh

  4  Water Fish commission, in consultation with the Secretary of

  5  Environmental Protection, shall, at least 30 days prior to

  6  each annual session of the Legislature, transmit to the

  7  Governor and Cabinet, the President of the Senate, the Speaker

  8  of the House of Representatives, and the chairs of the

  9  appropriate Senate and House committees, a revised and updated

10  plan for management and conservation of endangered and

11  threatened species, including criteria for research and

12  management priorities; a description of the educational

13  program; statewide policies pertaining to protection of

14  endangered and threatened species; additional legislation

15  which may be required; and the recommended level of funding

16  for the following year, along with a progress report and

17  budget request.

18         Section 48.  Section 372.0725, Florida Statutes, is

19  amended to read:

20         372.0725  Killing or wounding of any species designated

21  as endangered, threatened, or of special concern; criminal

22  penalties.--It is unlawful for a person to intentionally kill

23  or wound any fish or wildlife of a species designated by the

24  Fish and Wildlife Conservation Game and Fresh Water Fish

25  Commission as endangered, threatened, or of special concern,

26  or to intentionally destroy the eggs or nest of any such fish

27  or wildlife, except as provided for in the rules of the Game

28  and Fresh Water Fish commission, the Department of

29  Environmental Protection, or the Marine Fisheries Commission.

30  Any person who violates this provision with regard to an

31  endangered or threatened species is guilty of a felony of the

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  1  third degree, punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084.

  3         Section 49.  Section 372.073, Florida Statutes, is

  4  amended to read:

  5         372.073  Endangered and Threatened Species Reward

  6  Program.--

  7         (1)  There is established within the Fish and Wildlife

  8  Conservation Game and Fresh Water Fish Commission the

  9  Endangered and Threatened Species Reward Program, to be funded

10  from the Nongame Wildlife Trust Fund. The commission may post

11  rewards to persons responsible for providing information

12  leading to the arrest and conviction of persons illegally

13  killing or wounding or wrongfully possessing any of the

14  endangered and threatened species listed on the official

15  Florida list of such species maintained by the commission or

16  the arrest and conviction of persons who violate s. 372.667 or

17  s. 372.671. Additional funds may be provided by donations from

18  interested individuals and organizations. The reward program

19  is to be administered by the commission. The commission shall

20  establish a schedule of rewards.

21         (2)  The commission may expend funds only for the

22  following purposes:

23         (a)  The payment of rewards to persons, other than law

24  enforcement officers, commission personnel, and members of

25  their immediate families, for information as specified in

26  subsection (1); or

27         (b)  The promotion of public recognition and awareness

28  of the Endangered and Threatened Species Reward Program.

29         Section 50.  Paragraph (a) of subsection (2) and

30  subsection (6) of section 370.093, Florida Statutes, 1998

31  Supplement, are amended to read:

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  1         370.093  Illegal use of nets.--

  2         (2)(a)  Beginning July 1, 1998, it is also unlawful to

  3  take or harvest, or to attempt to take or harvest, any marine

  4  life in Florida waters with any net, as defined in subsection

  5  (3) and any attachments to such net, that combined are larger

  6  than 500 square feet and have not been expressly authorized

  7  for such use by rule of the Fish and Wildlife Conservation

  8  Marine Fisheries Commission under s. 370.027.  The use of

  9  currently legal shrimp trawls and purse seines outside

10  nearshore and inshore Florida waters shall continue to be

11  legal until the commission implements rules regulating those

12  types of gear.

13         (6)  The Fish and Wildlife Conservation Marine

14  Fisheries Commission is granted authority to adopt rules

15  pursuant to s. ss. 370.025 and 370.027 implementing this

16  section and the prohibitions and restrictions of s. 16, Art. X

17  of the State Constitution.

18         Section 51.  Section 20.325, Florida Statutes, is

19  repealed.

20         Section 52.  Section 370.026, Florida Statutes, is

21  repealed.

22         Section 53.  The Division of Statutory Revision of the

23  Office of Legislative Services is directed to prepare a

24  reviser's bill for introduction at the 2000 Regular Session of

25  the Legislature to change "Game and Fresh Water Fish

26  Commission" to "Fish and Wildlife Conservation Commission" and

27  to make such further changes as are necessary to conform the

28  Florida Statutes to the organizational changes created by this

29  act.

30         Section 54.  If any provision of this act or the

31  application thereof to any person or circumstance is held

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  1  invalid, the invalidity shall not affect other provisions or

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

  3  invalid provisions or applications, and to this end the

  4  provisions of this act are declared severable.

  5         Section 55.  This act shall take effect July 1, 1999.

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