House Bill 2145e1

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                                       CS/HB 2145, First Engrossed



  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; establishing

  6         administrative units within the new commission;

  7         establishing sources of funding; transferring

  8         the Game and Fresh Water Fish Commission, the

  9         Marine Fisheries Commission, and various

10         bureaus of the Department of Environmental

11         Protection to the Fish and Wildlife

12         Conservation Commission; providing for

13         administrative transfer of certain offices;

14         providing legislative intent; providing for an

15         operating agreement and an annual work plan

16         regarding responsibilities shared by the

17         department and the commission; providing for

18         submission of the work plan to the Governor and

19         the Legislature; providing for a memorandum of

20         agreement between the commission and the

21         department regarding responsibilities of the

22         Florida Marine Research Institute to the

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

24         language with respect to the administrative

25         makeup of the Department of Environmental

26         Protection to conform to the act; providing for

27         the appropriation of certain revenues and

28         federal funds to the commission; providing for

29         limitation on expenditures by the commission;

30         providing for the appointment of a working

31         group by the Executive Office of the Governor;


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                                       CS/HB 2145, First Engrossed



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

  2         Aquaculture of the Department of Agriculture

  3         and Consumer Services; amending s. 206.606,

  4         F.S.; adjusting distribution of fuel tax

  5         proceeds in conformance to the act to the

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

  7         conforming terminology to the act; amending s.

  8         327.02, F.S.; providing definitions and

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

10         reference to the Department of Environmental

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

12         for classification and registration of vessels;

13         adjusting location of antique license vessel

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

15         stickers or emblems for the Save the Manatee

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

17         for the appropriation and distribution of

18         vessel registration funds; amending s. 327.30,

19         F.S.; providing requirements regarding

20         collisions, accidents, and casualties; amending

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

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

23         boating safety identification cards; amending

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

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

26         providing for navigation channel requirements;

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

28         establishment of restricted areas on the waters

29         of the state; repealing s. 258.398, F.S.;

30         amending s. 327.48, F.S.; providing

31         requirements for regattas, races, marine


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                                       CS/HB 2145, First Engrossed



  1         parades, tournaments, or exhibitions; amending

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

  3         of chapters 327 and 328, F.S.; amending s.

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

  5         s. 327.731, F.S.; providing for mandatory

  6         education for violators; amending s. 327.74,

  7         F.S.; providing for uniform boating citations;

  8         amending s. 327.803, F.S.; providing for a

  9         Boating Advisory Council; amending s. 327.804,

10         F.S.; providing for statistics on boating

11         accidents and violations; amending s. 327.90,

12         F.S.; providing for electronic or telephonic

13         transactions; amending s. 328.01, F.S.;

14         providing for application for certificate of

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

16         marine accident reports; amending s. 370.025,

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

18         and rulemaking authority for the Fish and

19         Wildlife Conservation Commission; repealing s.

20         370.027(1), (2), and (3), F.S.; deleting

21         provisions relating to rulemaking authority

22         with respect to marine life; amending s.

23         370.06, F.S.; transferring responsibilities for

24         issuing certain licenses related to marine life

25         to the Fish and Wildlife Conservation

26         Commission and the Department of Agriculture

27         and Consumer Services; amending s. 370.0608,

28         F.S.; providing for the deposit of license

29         fees; allocating of federal funds; amending s.

30         370.063, F.S.; correcting references; deleting

31         obsolete dates; adjusting use of fees; amending


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                                       CS/HB 2145, First Engrossed



  1         s. 370.071, F.S.; transferring responsibilities

  2         for the regulation of shellfish processors to

  3         the 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; amending s.

21         376.11, F.S., authorizing additional users of

22         the Coastal Protection Trust Fund; providing

23         for the transfer of employee benefits for

24         employees of designated state agencies;

25         authorizing the Department of Environmental

26         Protection to restructure and reorganize;

27         providing for a report to the Legislature on

28         the restructure and reorganization; repealing

29         s. 20.325, F.S.; abolishing the Game and Fresh

30         Water Fish Commission; repealing s. 370.026,

31         F.S.; abolishing the Marine Fisheries


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                                       CS/HB 2145, First Engrossed



  1         Commission; instructing Division of Statutory

  2         Revision to draft reviser's bill for year 2000

  3         Regular Session; providing an effective date.

  4

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

  6

  7         Section 1.  Section 20.331, Florida Statutes, is

  8  created to read:

  9         20.331  Fish and Wildlife Conservation Commission.--

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

11  Conservation Commission as being specifically authorized by

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

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

14  of the State Constitution, equal to those of departments

15  established under this chapter, while preserving its

16  constitutional designation and title as a commission.

17         (2)  The head of the Fish and Wildlife Conservation

18  Commission is the commission appointed by the Governor as

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

20         (3)  The following administrative units are established

21  within the commission:

22         (a)  Division of Administrative Services.

23         (b)  Division of Law Enforcement.

24         (c)  Division of Freshwater Fisheries.

25         (d)  Division of Marine Fisheries.

26         (e)  Division of Wildlife.

27         (f)  Florida Marine Research Institute.

28

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

30  Commission existing on February 1, 1999, are established

31  within the Fish and Wildlife Conservation Commission.


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                                       CS/HB 2145, First Engrossed



  1         (4)(a)  To aid the commission in the implementation of

  2  its constitutional and statutory duties, the Legislature

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

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

  5  commission, as the executive director. The executive director

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

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

  8  official duties. The executive director shall maintain

  9  headquarters and reside in Tallahassee.

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

11  the Senate during the legislative session immediately

12  following his or her hiring by the commission.

13         (5)  In further exercise of its duties, the Fish and

14  Wildlife Conservation Commission:

15         (a)  Shall assign to the Division of Freshwater

16  Fisheries and the Division of Marine Fisheries such powers,

17  duties, responsibilities, and functions as are necessary to

18  ensure compliance with the laws and rules governing the

19  management, protection, conservation, improvement, and

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

21  resources.

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

23  powers, duties, responsibilities, and functions as are

24  necessary to ensure compliance with the laws and rules

25  governing the management, protection, conservation,

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

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

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

29  necessary to ensure enforcement of the laws and rules

30  governing the management, protection, conservation,

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


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                                       CS/HB 2145, First Engrossed



  1  freshwater aquatic life resources, and marine life resources.

  2  In performance of their duties as sworn law enforcement

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

  4  also shall assist in the enforcement of all general

  5  environmental laws remaining under the responsibility of the

  6  Department of Environmental Protection.

  7         (d)  Shall assign to the Florida Marine Research

  8  Institute such powers, duties, responsibilities, and functions

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

10  mission of the Florida Marine Research Institute to:

11         1.  Serve as the primary source of research and

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

13  saltwater resources;

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

15  marine life, and wildlife;

16         3.  Develop and implement restoration techniques for

17  marine habitat and enhancement of saltwater plant and animal

18  populations;

19         4.  Respond and provide critical technical support for

20  marine catastrophes including oil spills, ship groundings,

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

22  disaster;

23         5.  Identify and monitor marine toxic red tides and

24  their impacts, and provide technical support for state and

25  local public health concerns; and

26         6.  Provide state and local governments with estuarine,

27  marine, coastal technical information and research results.

28         (6)(a)  Shall implement a system of adequate due

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

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

31


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                                       CS/HB 2145, First Engrossed



  1  action of the Fish and Wildlife Conservation Commission in the

  2  performance of its constitutional duties or responsibilities.

  3         (b)  The Legislature encourages the commission to

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

  5  when adopting rules in the performance of its constitutional

  6  duties or responsibilities.

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

  8  any party whose substantial interests will be affected by any

  9  action of the commission in the performance of its statutory

10  duties or responsibilities. For purposes of this subsection,

11  statutory duties or responsibilities include, but are not

12  limited to, the following:

13         1.  Research and management responsibilities for marine

14  species listed as endangered, threatened, or of special

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

16  turtles;

17         2.  Establishment and enforcement of boating safety

18  regulations;

19         3.  Land acquisition and management;

20         4.  Enforcement and collection of fees for all

21  recreational and commercial hunting or fishing licenses or

22  permits;

23         5.  Aquatic plant removal and management using fish as

24  a biological control agent;

25         6.  Enforcement of penalties for violations of

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

27  and forfeiture of vessels and other equipment used to commit

28  those violations;

29         7.  Establishment of free fishing days;

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

31


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                                       CS/HB 2145, First Engrossed



  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         (7)  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 any permitting agency.  Comments by the commission shall be

27  considered for consistency with the Florida Coastal Management

28  Program and sections 373.428, and 380.23.  Should a permitting

29  agency use the commission's comments as a condition of denial,

30  approval, or modification of a proposed permit, license, or

31  authorization, any party to an administrative proceeding


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                                       CS/HB 2145, First Engrossed



  1  involving such proposed action may require the commission to

  2  join as a party in determining the validity of the condition.

  3  In any action where the commission is joined as a party, the

  4  commission shall only bear the actual cost of defending the

  5  validity of the credible, factual scientific data used as a

  6  basis for its comments.

  7         (8)  Shall acquire, in the name of the state, lands and

  8  waters suitable for the protection, improvement, and

  9  restoration of marine life, wildlife resources, and freshwater

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

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

12  acquired under this section shall be managed for recreation

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

14  commission's ability to perform its constitutional and

15  statutory responsibilities and duties.

16         (9)  May require any employee of the commission to give

17  a bond for the faithful performance of duties. The commission

18  may determine the amount of the bond and must approve the

19  bond. In determining the amount of the bond, the commission

20  may consider the amount of money or property likely to be in

21  custody of the officer or employee at any one time. The

22  premiums for the bond must be paid out of the funds of the

23  commission.

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

25  transferred to the Fish and Wildlife Conservation Commission

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

27  Statutes.

28         Section 3.  The Marine Fisheries Commission is

29  transferred to the Fish and Wildlife Conservation Commission

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

31  Statutes.


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                                       CS/HB 2145, First Engrossed



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

  2  Enforcement, the Bureau of Administrative Support, the Bureau

  3  of Operational Support, and the Office of Enforcement Planning

  4  and Policy Coordination within the Division of Law Enforcement

  5  at the Department of Environmental Protection, together with

  6  the positions assigned to these specified bureaus and offices

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

  8  Wildlife Conservation Commission by a type two transfer, as

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

10         (a)  Any administrative and technical positions and

11  equipment within the Bureau of Administrative Support and the

12  Bureau of Operational Support providing support services to

13  the Bureau of Emergency Response, the Florida Park Patrol, and

14  the Office of Environmental Investigations within the Division

15  of Law Enforcement at the Department of Environmental

16  Protection as of February 1, 1999;

17         (b)  Any sworn positions classified as Investigator I

18  or Investigator II positions within the different program

19  components of the Division of Law Enforcement at the

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

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

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

23  1999; and

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

25  Patrol within the Division of Law Enforcement at the

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

27         (2)  The sworn positions assigned to the Uniform

28  Patrol, Inspections, Aviation and Boating Safety program

29  components of the Division of Law Enforcement at the

30  Department of Environmental Protection as of February 1, 1999,

31


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                                       CS/HB 2145, First Engrossed



  1  are assigned to the Division of Law Enforcement at the Fish

  2  and Wildlife Conservation Commission.

  3         (3)  No duties or responsibilities relating to boating

  4  safety shall remain in the Department of Environmental

  5  Protection.

  6         Section 5.  (1)  The Division of Marine Resources at

  7  the Department of Environmental Protection, together with the

  8  positions assigned to the division as of February 1, 1999, are

  9  transferred to the Fish and Wildlife Conservation Commission

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

11  Statutes, except for:

12         (a)  The Bureau of Coastal and Aquatic Managed Areas

13  which is assigned to the Division of State Lands at the

14  Department of Environmental Protection; and

15         (b)  Positions assigned to the Office of the Division

16  Director as of February 1, 1999, and not performing angler

17  outreach and education duties.

18         (2)  The Office of Fisheries Management and Assistance

19  Services, and positions assigned to angler outreach and

20  education duties within the Division of Marine Resources at

21  the Department of Environmental Protection are assigned to the

22  Division of Marine Fisheries at the commission.

23         (3)  The Florida Marine Research Institute at the

24  Department of Environmental Protection is established as a

25  separate budget entity within the commission, and is assigned

26  to the Office of the Executive Director for administrative

27  purposes.

28         (4)  The Bureau of Protected Species Management at the

29  Department of Environmental Protection is assigned as a bureau

30  to the Office of Environmental Services within the commission.

31


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                                       CS/HB 2145, First Engrossed



  1         Section 6.  Within the Department of Environmental

  2  Protection, the Office of Environmental Investigations, the

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

  4  assigned to the Division of Law Enforcement.

  5         Section 7.  The Bureau of Marine Resource Regulation

  6  and Development at the Department of Environmental Protection,

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

  8  1999, are transferred to the Division of Aquaculture within

  9  the Department of Agriculture and Consumer Services by a type

10  one transfer, as defined in s. 20.06(1), Florida

11  Statutes.  Water quality data collected by the Division of

12  Aquaculture with the Department of Agriculture and Consumer

13  Services are to be shared with the Division of Water Resource

14  Management within the Department of Environmental Protection.

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

16  Florida Statutes, 1998 Supplement, are amended, and

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

18  read:

19         20.255  Department of Environmental Protection.--There

20  is created a Department of Environmental Protection.

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

22  executive coordinator for ecosystem management who are to be

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

24  The secretary may assign either deputy secretary the

25  responsibility to supervise, coordinate, and formulate policy

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

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

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

29  secretary:

30         1.  Office of General Counsel,

31         2.  Office of Inspector General,


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                                       CS/HB 2145, First Engrossed



  1         3.  Office of Communication, the latter including

  2  public information, legislative liaison, cabinet liaison and

  3  special projects,

  4         4.  Office of Water Policy,

  5         5.  Office of Intergovernmental Programs,

  6         6.  Office of Ecosystem Planning and Coordination,

  7         7.  Office of Environmental Education, and an

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

  9  the Youth Corps.

10         (b)  The executive coordinator for ecosystem management

11  shall coordinate policy within the department to assure the

12  implementation of the ecosystem management provisions of

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

14  ecosystem management shall supervise only the Office of Water

15  Policy, the Office of Intergovernmental Programs, the Office

16  of Ecosystem Planning and Coordination, and the Office of

17  Environmental Education. The executive coordinator for

18  ecosystem management may also be delegated authority by the

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

20  may include the responsibility to oversee the inland

21  navigation districts.

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

23  executive coordinator for ecosystem management shall report to

24  the secretary; however, the secretary may assign them, for

25  daily coordination purposes, to report through a senior

26  manager other than the secretary.

27         (d)  There shall be six administrative districts

28  involved in regulatory matters of waste management, water

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

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

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


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                                       CS/HB 2145, First Engrossed



  1  have one assistant or two deputy division directors, as

  2  required to facilitate effective operation.

  3

  4  The managers of all divisions and offices specifically named

  5  in this section and the directors of the six administrative

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

  7  included in the Senior Management Service in accordance with

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

  9  management positions at or above the division level, except

10  those established in chapter 110, may be created without

11  specific legislative authority.

12         (6)  The following divisions of the Department of

13  Environmental Protection are established:

14         (a)  Division of Administrative and Technical Services.

15         (b)  Division of Air Resource Management.

16         (c)  Division of Water Resource Management Facilities.

17         (d)  Division of Law Enforcement.

18         (e)  Division of Resource Assessment and Management

19  Marine Resources.

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

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

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

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

24  to confirmation by the Governor and Cabinet sitting as the

25  Board of Trustees of the Internal Improvement Trust Fund.

26         (i)  Division of Environmental Resource Permitting.

27

28  In order to ensure statewide and intradepartmental

29  consistency, the department's divisions shall direct the

30  district offices and bureaus on matters of interpretation and

31  applicability of the department's rules and programs.


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                                       CS/HB 2145, First Engrossed



  1         (7)  Law enforcement officers of the Department of

  2  Environmental Protection who meet the provisions of s. 943.13

  3  are constituted law enforcement officers of this state with

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

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

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

  7  general laws applicable to investigations, searches, and

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

  9  enforcement officers.

10         (8)  Records and documents of the Department of

11  Environmental Protection shall be retained by the department

12  as specified in record retention schedules established under

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

14  department is authorized to:

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

16  and documents in conformity with the approved retention

17  schedules.

18         (b)  Photograph, microphotograph, or reproduce such

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

20  the approved retention schedules, whereby each page will be

21  exposed in exact conformity with the original records and

22  documents retained in compliance with the provisions of this

23  section. Photographs or microphotographs in the form of film

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

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

26  effect as the originals thereof would have and shall be

27  treated as originals for the purpose of their admissibility in

28  evidence. Duly certified or authenticated reproductions of

29  such photographs or microphotographs shall be admitted in

30  evidence equally with the original photographs or

31  microphotographs.  The impression of the seal of the


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                                       CS/HB 2145, First Engrossed



  1  Department of Environmental Protection on a certificate made

  2  by the department and signed by the Secretary of Environmental

  3  Protection entitles the certificate to be received in all

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

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

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

  7  in the certificate or in a schedule attached to the

  8  certificate.

  9         (9)  The Department of Environmental Protection may

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

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

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

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

14  surety or sureties as are approved by the department,

15  conditioned upon the faithful performance of the duties of the

16  employee.

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

18  Statutes, is amended to read:

19         20.14  Department of Agriculture and Consumer

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

21  Consumer Services.

22         (2)  The following divisions of the Department of

23  Agriculture and Consumer Services are established:

24         (a)  Administration.

25         (b)  Agricultural Environmental Services.

26         (c)  Animal Industry.

27         (d)  Aquaculture.

28         (e)(d)  Consumer Services.

29         (f)(e)  Dairy Industry.

30         (g)(f)  Food Safety.

31         (h)(g)  Forestry.


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                                       CS/HB 2145, First Engrossed



  1         (i)(h)  Fruit and Vegetables.

  2         (j)(i)  Marketing and Development.

  3         (k)(j)  Plant Industry.

  4         (l)(k)  Standards.

  5         Section 10.  Except where otherwise specified in law,

  6  all revenues derived from the sale of permits and licenses

  7  pursuant to chapter 370, Florida Statutes, and all federal

  8  funds received by the State of Florida as a match to the

  9  aforementioned state revenues, are to be appropriated by the

10  Legislature to the Fish and Wildlife Conservation Commission,

11  to be used for the purposes specified in law, except for the

12  following:

13         (1)  Revenues derived from the sale of the resident or

14  nonresident clam licenses authorized by Chapter 94-419, Laws

15  of Florida, which shall be appropriated to the General

16  Inspection Trust Fund of the Department of Agriculture and

17  Consumer Services,

18         (2)  Revenues derived from the imposition of the

19  Apalachicola Bay Oyster Harvesting License authorized in

20  section 370.06(5), Florida Statutes, 1998 Supplement, which

21  shall be appropriated to the General Inspection Trust Fund of

22  the Department of Agriculture and Consumer Services,

23         (3)  Revenues derived from the imposition of the

24  Apalachicola Bay Oyster Surcharge authorized in section

25  370.07(3), Florida Statutes, 1998 Supplement, which shall be

26  appropriated to the General Inspection Trust Fund of the

27  Department of Agriculture and Consumer Services, and

28         (4)  That portion of vessel registration fees used for

29  quality control purposes pursuant to the provisions of section

30  327.28, (1)(d) Florida Statutes, which shall be appropriated

31


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                                       CS/HB 2145, First Engrossed



  1  to the General Inspection Trust Fund of the Department of

  2  Agriculture and Consumer Services.

  3         Section 11.  Except where otherwise specified in law,

  4  all revenues derived from the sale of permits and licenses

  5  pursuant to chapter 372, Florida Statutes, and all federal

  6  funds received by the State of Florida as a match to the

  7  aforementioned state revenues, are to be appropriated by the

  8  Legislature to the Fish and Wildlife Conservation Commission,

  9  to be used for the purposes specified in law.

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

11  Fish and Wildlife Conservation Commission for all recurring

12  budget categories combined may not exceed:

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

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

15

16  of the total recurring budget appropriated for fiscal year

17  1999-2000 to the Fish and Wildlife Conservation Commission.

18         Section 13.  (1)  The Secretary of the Department of

19  Environmental Protection and the Executive Director of the

20  Fish and Wildlife Conservation Commission shall each appoint

21  three staff members to a transition advisory working group to

22  review and determine the following:

23         (a)  The appropriate number of positions and the

24  related sources of funding to be transferred from the Office

25  of the General Counsel and the Division of Administrative and

26  Technical Services at the Department of Environmental

27  Protection to the Fish and Wildlife Conservation Conservation

28  Commission.

29         1.  No more than 60 positions may be transferred to

30  provide legal services, administrative services, and

31  operational support services, including communications


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                                       CS/HB 2145, First Engrossed



  1  equipment involving the National Crime Information System

  2  (NCIS) and the Florida Crime Information System (FCIS) which

  3  were previously provided to the programs transferred by

  4  sections four and five of this act.

  5         (b)  The development of a recommended plan addressing

  6  the transfer of, or where appropriate, the shared use of

  7  building, regional offices, and other facilities used or owned

  8  by the Department of Environmental Protection or the Game and

  9  Fresh Water Fish Commission to conduct activities for which

10  the commission is responsible as of July 1, 1999.

11         1.  To assist in the development of the portion of the

12  recommended plan addressing the transfer or shared use of

13  facilities used currently by the Bureau of Marine Resource

14  Regulation and Development at the Department of Environmental

15  Protection, the Secretary of the Department of Agriculture and

16  Consumer Services is authorized to appoint three staff members

17  to transition advisory working group.

18         (2)  For fiscal year 1999-2000, the Governor shall

19  appoint one senior staff person from the Office of Planning

20  and Budgeting to:

21         (a)  Convene and chair the meetings of the transition

22  advisory group, and

23         (b)1.  To assist the transition advisory working group

24  with any operating budget adjustments as necessary, including

25  any adjustments in administrative and technical staff

26  remaining with the Department of Environmental Protection,

27  including in the Division of Law Enforcement, to implement the

28  requirements of this act.  Adjustments made to the operating

29  budgets of the Department of Environmental Protection or the

30  commission in the implementation of this act must be made in

31  consultation with the appropriate substantive and fiscal


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                                       CS/HB 2145, First Engrossed



  1  committee staffs of the House of Representatives and the

  2  Florida Senate.

  3         (2)  The revisions to the FY 1999-00 approved operating

  4  budget which are necessary to reflect the organizational

  5  changes directed by this legislation shall be implemented

  6  pursuant to section 216.292(11), Florida Statutes, and are

  7  subject to the notification and review process outlined in

  8  section 216.177, Florida Statutes.  Subsequent adjustments

  9  between agencies that are determined necessary by the

10  Department of Environmental Protection or Fish and Wildlife

11  Conservation Commission, and approved by the Executive Office

12  of the Governor, may also be authorized and are subject to the

13  notification and review process outlined in section 216.177,

14  Florida Statutes.  The appropriate substantive committees of

15  the House and Senate shall also be notified of the proposed

16  revisions authorized by this section to ensure consistency

17  with legislative policy and intent.

18         Section 14.  The executive director of the Fish and

19  Wildlife Conservation Commission and the secretary of the

20  Department of Environmental Protection shall develop and adopt

21  an operating agreement and an annual work plan to accomplish

22  responsibilities shared between the agencies.

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

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

25  enforcement responsibilities for emergency response.  Until

26  the operating plan has been completed and adopted, the

27  department may call upon the commission for emergency response

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

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

30  1999, to the Governor, the Speaker of the House of

31  Representatives, and the President of the Senate and may


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                                       CS/HB 2145, First Engrossed



  1  include recommendations for facilitating department law

  2  enforcement and emergency response needs, the research

  3  priorities of the Florida Marine Research Institute, and the

  4  needs of other appropriate department programs.

  5         (3)  A memorandum of agreement will be developed

  6  between the Department of Environmental Protection and the

  7  Fish and Wildlife Conservation Commission which will detail

  8  the responsibilities of the Florida Marine Research Institute

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

10  services:

11         (a)  Environmental monitoring and assessment.

12         (b)  Restoration research and development of

13  restoration technology.

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

15  ship groundings, major marine species die offs, hazardous

16  spills, and natural disasters.

17         Section 15.  Subsection (1) of section 206.606, Florida

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

19  of Florida, is amended to read:

20         206.606  Distribution of certain proceeds.--

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

22  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

25  206.41, and the administrative costs incurred by the

26  department in collecting, administering, enforcing, and

27  distributing the tax, which administrative costs may not

28  exceed 2 percent of collections, shall be distributed monthly

29  to the State Transportation Trust Fund, except that:

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

31  Department of Environmental Protection in each fiscal year


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                                       CS/HB 2145, First Engrossed



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

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

  3  amount transferred shall be deposited annually in the Marine

  4  Resources Conservation Trust Fund and must be used by the

  5  department to fund special projects to provide recreational

  6  channel marking, public launching facilities, and other

  7  boating-related activities. The department shall annually

  8  determine where unmet needs exist for boating-related

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

10  due to the number of vessel registrations, insufficient

11  financial resources are available to meet total water resource

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

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

14  be used for aquatic plant management, including nonchemical

15  control of aquatic weeds, research into nonchemical controls,

16  and enforcement activities.  Beginning in fiscal year

17  1993-1994, the department shall allocate at least $1 million

18  of such funds to the eradication of melaleuca.

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

20  State Game Trust Fund in the Fish and Wildlife Conservation

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

22  used for recreational boating activities, and fresh water

23  fisheries management and research.  The transfers must be made

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

25  year. The commission shall annually determine where unmet

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

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

28  registrations, sufficient financial resources are unavailable.

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

30  local projects to provide recreational channel marking, public

31  launching facilities, aquatic plant control, and other local


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                                       CS/HB 2145, First Engrossed



  1  boating related activities.  In funding the projects, the

  2  commission shall give priority consideration as follows:

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

  4  or less.

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

  6  of boating related activities from individuals residing in

  7  other counties.

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

  9  recreational boating activities, and freshwater fisheries

10  management and research.

11         3.  The commission is authorized to adopt rules

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

13  Boating Improvement Program similar to the program

14  administered by the Department of Environmental Protection and

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

16  Administrative Code to determine projects eligible for funding

17  under this subsection.

18

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

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

21  of the House of Representatives outlining the status of its

22  Florida Boating Improvement Program, including the projects

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

24  insufficient financial resources from vessel registration

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

26  a type consistent with projects eligible for funding under the

27  Florida Boating Improvement Program administered by the

28  Department of Environmental Protection, and freshwater

29  fisheries management and research.

30

31


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                                       CS/HB 2145, First Engrossed



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

  2  206.41(1)(g) shall be transferred to the Agricultural

  3  Emergency Eradication Trust Fund.

  4         Section 16.  Paragraph (b) of subsection (1) of section

  5  320.08058, Florida Statutes, 1998 Supplement, as amended by

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

  7  read:

  8         320.08058  Specialty license plates.--

  9         (1)  MANATEE LICENSE PLATES.--

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

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

12  the Fish and Wildlife Conservation Commission Department of

13  Environmental Protection.  The funds deposited in the Save the

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

15  environmental education; manatee research; facilities, as

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

17  recovery.

18         Section 17.  Subsection (19) of section 320.08058,

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

20         320.08058  Specialty license plates.--

21         (19)  SEA TURTLE LICENSE PLATES.--

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

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

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

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

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

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

28  Marine Resources Conservation Trust Fund in the Fish and

29  Wildlife Conservation Commission Florida Department of

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

31  shall be used by the Florida Marine Turtle Protection Program


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                                       CS/HB 2145, First Engrossed



  1  to conduct sea turtle protection, research, and recovery

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

  3  the commission Department of Environmental Protection for sea

  4  turtle conservation activities, except that up to 30 percent

  5  of the remaining annual use fee proceeds shall be annually

  6  disbursed dispersed through the marine turtle grants program

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

  8         Section 18.  Present subsection (5) of section 327.02,

  9  Florida Statutes, 1998 Supplement, is redesignated as

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

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

12  section to read:

13         327.02  Definitions of terms used in this chapter and

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

15  unless the context clearly requires a different meaning, the

16  term:

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

18  Conservation Commission.

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

20  of the Fish and Wildlife Conservation Commission Department of

21  Environmental Protection.

22         Section 19.  Paragraphs (b) and (c) of subsection (2)

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

24  amended to read:

25         327.25  Classification; registration; fees and charges;

26  surcharge; disposition of fees; fines; marine turtle

27  stickers.--

28         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

29         (b)  The registration number for an antique vessel

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

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


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                                       CS/HB 2145, First Engrossed



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

  2  327.14.

  3         (c)  The Department of Highway Safety and Motor

  4  Vehicles may issue a decal identifying the vessel as an

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

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

  7  registration number.

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

  9  Safety and Motor Vehicles Environmental Protection shall offer

10  for sale with vessel registrations a waterproof sticker in the

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

12  proceeds of which shall be deposited in the Marine Resources

13  Conservation Trust Fund to be used for marine turtle

14  protection, research, and recovery efforts pursuant to the

15  provisions of s. 370.12(1).

16         Section 20.  Section 327.26, Florida Statutes, is

17  amended to read:

18         327.26  Stickers or emblems for the Save the Manatee

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

20  or emblems signifying support for the Save the Manatee Trust

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

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

23  commission department may accept stickers or emblems donated

24  by any governmental or nongovernmental entity for the purposes

25  of this section.

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

27  Statutes, is amended to read:

28         327.28  Marine Resources Conservation Trust Fund;

29  vessel registration funds; appropriation and distribution.--

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

31  be deposited in the Marine Resources Conservation Trust Fund.


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                                       CS/HB 2145, First Engrossed



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

  2  saltwater products license program. Additional proceeds from

  3  the licensing revenue shall be distributed among the following

  4  program functions:

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

  6  deposited in the former Marine Fisheries Commission Trust Fund

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

  8  to the Marine Fisheries Commission for its operations;

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

10  enforcement;

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

12  Saltwater Products Promotion Trust Fund within the Department

13  of Agriculture and Consumer Services for the purpose of

14  providing marketing and extension services including industry

15  information and education; and

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

17  go to the Fish and Wildlife Conservation Commission Division

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

19  development, including quota management.

20         Section 22.  Subsection (2) of section 327.30, Florida

21  Statutes, is amended to read:

22         327.30  Collisions, accidents, and casualties.--

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

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

25  exiting from the water, including capsizing, collision with

26  another vessel or object, sinking, personal injury requiring

27  medical treatment beyond immediate first aid, death,

28  disappearance of any person from on board under circumstances

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

30  to any vessel or other property in an apparent aggregate

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


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                                       CS/HB 2145, First Engrossed



  1  the quickest means available give notice of the accident to

  2  one of the following agencies:  the Division of Law

  3  Enforcement of the Fish and Wildlife Conservation Commission;

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

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

  6  of the municipality within which the accident occurred, if

  7  applicable.

  8         Section 23.  Subsection (5) of section 327.35215,

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

10         327.35215  Penalty for failure to submit to test.--

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

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

13  manner:

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

15  by a state law enforcement agency except as a wildlife

16  enforcement officer or a freshwater fisheries enforcement

17  officer of the Fish and Wildlife Conservation Game and Fresh

18  Water Fish Commission, the moneys shall be deposited into the

19  Marine Resources Conservation Trust Fund.

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

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

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

23  agency.

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

25  by the Fish and Wildlife Conservation Game and Fresh Water

26  Fish Commission as a wildlife enforcement officer or a

27  freshwater fisheries enforcement officer, the money shall be

28  deposited into the State Game Trust Fund.

29         Section 24.  Section 327.395, Florida Statutes, is

30  amended to read:

31         327.395  Boating safety identification cards.--


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                                       CS/HB 2145, First Engrossed



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

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

  3  21 years of age or younger may not operate a vessel powered by

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

  5  his or her possession aboard the vessel photographic

  6  identification and a boater safety identification card issued

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

  8         (a)  Completed a commission-approved

  9  department-approved boater education course that meets the

10  minimum 8-hour instruction requirement established by the

11  National Association of State Boating Law Administrators;

12         (b)  Passed a course equivalency examination approved

13  by the commission department; or

14         (c)  Passed a temporary certificate examination

15  developed or approved by the commission department.

16         (2)  Any person may obtain a boater safety

17  identification card by complying with the requirements of this

18  section.

19         (3)  The commission department may appoint liveries,

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

21  course, course equivalency examination, or temporary

22  certificate examination and issue identification cards under

23  guidelines established by the commission department.  An agent

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

25  the commission department with proof of passage of the

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

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

28  completed a boating education course or a course equivalency

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

30  has passed a temporary certification examination is valid for

31  12 months from the date of issuance.


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                                       CS/HB 2145, First Engrossed



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

  2  she:

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

  4  serve as master of a vessel.

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

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

  7  exempt from this section or who holds an identification card

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

  9  and is attendant to the operation of the vessel and

10  responsible for any violation that occurs during the

11  operation.

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

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

14  or equivalency examination in another state which meets or

15  exceeds the requirements of subsection (1).

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

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

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

19         (7)  The commission department shall design forms and

20  adopt rules to administer this section.  Such rules shall

21  include provision for educational and other public and private

22  entities to offer the course and administer examinations.

23         (8)  The commission department shall institute and

24  coordinate a statewide program of boating safety instruction

25  and certification to ensure that boating courses and

26  examinations are available in each county of the state.

27         (9)  The commission department is authorized to

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

29  administrative costs.

30

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                                       CS/HB 2145, First Engrossed



  1         (10)  The commission is authorized to adopt rules

  2  pursuant to chapter 120 to implement the provisions of this

  3  section.

  4         Section 25.  Section 327.41, Florida Statutes, is

  5  amended to read:

  6         327.41  Uniform waterway regulatory markers.--

  7         (1)  The Fish and Wildlife Conservation Commission

  8  Department of Environmental Protection shall adopt rules and

  9  regulations pursuant to chapter 120 establishing a uniform

10  system of regulatory markers for the Florida Intracoastal

11  Waterway, compatible with the system of regulatory markers

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

13  due regard to the System of Uniform Waterway Markers approved

14  by the Advisory Panel of State Officials to the Merchant

15  Marine Council, United States Coast Guard.

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

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

18  portion of the Florida Intracoastal Waterway within its

19  jurisdiction may apply to the Fish and Wildlife Conservation

20  Commission Department of Environmental Protection for

21  permission to place regulatory markers within the restricted

22  area.

23         (3)  Application for placing regulatory markers on the

24  Florida Intracoastal Waterway shall be made to the Division of

25  Marine Resources, accompanied by a map locating the

26  approximate placement of the markers, a statement of the

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

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

29  the placement and upkeep of the markers.

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

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


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                                       CS/HB 2145, First Engrossed



  1  or over the Florida Intracoastal Waterway without a permit

  2  from the Division of Marine Resources.

  3         (5)  Aquaculture leaseholds shall be marked as required

  4  by this section, and the commission department may approve

  5  alternative marking requirements as a condition of the lease

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

  7  notwithstanding, no permit shall be required for the placement

  8  of markers required by such a lease.

  9         (6)  The commission is authorized to adopt rules

10  pursuant to chapter 120 to implement the provisions of this

11  section.

12         Section 26.  Section 327.43, Florida Statutes, is

13  amended to read:

14         327.43  Silver Glen Run and Silver Glen Springs;

15  navigation channel; anchorage buoys; violations.--

16         (1)  The Fish and Wildlife Conservation Commission

17  Department of Environmental Protection is hereby directed to

18  mark a navigation channel within Silver Glen Run and Silver

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

20  the St. Johns River.

21         (2)  The commission department is further directed to

22  establish permanent anchorage buoys within Silver Glen Run and

23  Silver Glen Springs.

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

25  utilizing permanently established anchorage buoys. No vessel

26  shall anchor or otherwise attach, temporarily or permanently,

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

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

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

30  punishable by issuance of a uniform boating citation as

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


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                                       CS/HB 2145, First Engrossed



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

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

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

  4         Section 27.  Subsection (1) of section 327.46, Florida

  5  Statutes, is amended to read:

  6         327.46  Restricted areas.--

  7         (1)  The commission department shall have the authority

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

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

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

11  limited to, boat speeds and boat traffic where such

12  restrictions are deemed necessary based on boating accidents,

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

14  Each such restricted area shall be developed in consultation

15  and coordination with the governing body of the county or

16  municipality in which the restricted area is located and,

17  where required, with the United States Army Corps of

18  Engineers.  Restricted areas shall be established in

19  accordance with procedures under chapter 120.

20         Section 28.  Section 258.398, Florida Statutes, is

21  repealed.

22         Section 29.  Section 327.48, Florida Statutes, is

23  amended to read:

24         327.48  Regattas, races, marine parades, tournaments,

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

26  regatta, tournament, or marine parade or exhibition shall

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

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

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

30  county or, the Fish and Wildlife Conservation Commission Game

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


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                                       CS/HB 2145, First Engrossed



  1  days prior to any event in order that appropriate arrangements

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

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

  4  tournament, or exhibition shall be responsible for providing

  5  adequate protection to the participants, spectators, and other

  6  users of the water.

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

  8  Florida Statutes, are amended to read:

  9         327.70  Enforcement of this chapter and chapter 328.--

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

11  the Division of Law Enforcement of the Fish and Wildlife

12  Conservation department and its officers, the Game and Fresh

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

14  various counties and their deputies, and any other authorized

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

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

17  safety, enforce the provisions of this chapter and chapter

18  328, or cause any inspections to be made of all vessels in

19  accordance with this chapter and chapter 328.

20         (3)  The Fish and Wildlife Conservation Commission

21  department or any other law enforcement agency may make any

22  investigation necessary to secure information required to

23  carry out and enforce the provisions of this chapter and

24  chapter 328.

25         Section 31.  Section 327.71, Florida Statutes, is

26  amended to read:

27         327.71  Exemption.--The commission department may, if

28  it finds that federal law imposes less restrictive

29  requirements than provided herein or if it determines that

30  boating safety will not be adversely affected, issue temporary

31  exemptions from any provision of this chapter or rules


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                                       CS/HB 2145, First Engrossed



  1  established hereunder, on such terms and conditions as it

  2  considers appropriate.

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

  4  327.731, Florida Statutes, 1998 Supplement, are amended to

  5  read:

  6         327.731  Mandatory education for violators.--

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

  8  this chapter, every person convicted of a noncriminal

  9  infraction under this chapter if the infraction resulted in a

10  reportable boating accident, and every person convicted of two

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

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

13  within a 12-month period, must:

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

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

16  minimum standards established by the commission department by

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

18  pursuant to chapter 120 for waivers of the attendance

19  requirement for violators residing in areas where classroom

20  presentation of the course is not available;

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

22  proof of successful completion of the course;

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

24  has filed the proof of successful completion of the course

25  with the commission department.

26

27  Any person who has successfully completed an approved boating

28  course shall be exempt from these provisions upon showing

29  proof to the commission department as specified in paragraph

30  (b).

31


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                                       CS/HB 2145, First Engrossed



  1         (3)  The commission department shall print on the

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

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

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

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

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

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

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

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

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

11         327.74  Uniform boating citations.--

12         (1)  The commission department shall prepare, and

13  supply to every law enforcement agency in this state which

14  enforces the laws of this state regulating the operation of

15  vessels, an appropriate form boating citation containing a

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

17  with citations in quintuplicate) and meeting the requirements

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

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

20  rules and the procedures established by the commission

21  department.

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

23  department are jointly responsible to account for all uniform

24  boating citations in accordance with the procedures

25  promulgated by the commission department.

26         (4)  The chief administrative officer of every law

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

28  the commission department record copy of every boating

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

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

31  copies of every boating citation which has been spoiled or


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                                       CS/HB 2145, First Engrossed



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

  2  alleged violator.

  3         (6)  The chief administrative officer shall transmit,

  4  on a form approved by the commission department, the

  5  commission department record copy of the uniform boating

  6  citation to the commission department within 5 days after

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

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

  9  jurisdiction for accountability purposes.

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

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

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

13  commission department.

14         Section 34.  Section 327.803, Florida Statutes, is

15  amended to read:

16         327.803  Boating Advisory Council.--

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

18  Fish and Wildlife Conservation Commission Department of

19  Environmental Protection and shall be composed of 16 members.

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

21  and must include:

22         (a)  One representative from the Fish and Wildlife

23  Conservation Commission Department of Environmental

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

25         (b)  One representative each from the Department of

26  Environmental Protection Game and Fresh Water Fish Commission,

27  the United States Coast Guard Auxiliary, the United States

28  Power Squadron, and the inland navigation districts.

29         (c)  One representative of manatee protection

30  interests, one representative of the marine industries, two

31  representatives of water-related environmental groups, one


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                                       CS/HB 2145, First Engrossed



  1  representative of marine manufacturers, one representative of

  2  commercial vessel owners or operators, one representative of

  3  sport boat racing, and two representatives of the boating

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

  5  director of the Fish and Wildlife Conservation Commission

  6  Secretary of Environmental Protection and appointed by the

  7  Governor to serve staggered 2-year terms.

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

  9  shall be appointed by the Speaker of the House of

10  Representatives.

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

12  by the President of the Senate.

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

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

15  times as may be prescribed by rule.

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

17  recommendations to the Fish and Wildlife Conservation

18  Commission Department of Environmental Protection and the

19  Department of Community Affairs regarding issues affecting the

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

21  related to:

22         (a)  Boating safety education.

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

24  boat testing facilities.

25         (c)  Boat usage.

26

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

28  recommendations to the Marine Fisheries Commission.

29         (4)  Members of the council shall serve without

30  compensation.

31


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                                       CS/HB 2145, First Engrossed



  1         Section 35.  Section 327.804, Florida Statutes, is

  2  amended to read:

  3         327.804  Compilation of statistics on boating accidents

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

  5  Department of Environmental Protection shall compile

  6  statistics on boating accidents and boating violations of the

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

  8  Florida.

  9         Section 36.  Section 327.90, Florida Statutes, is

10  amended to read:

11         327.90  Transactions by electronic or telephonic

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

13  application provided for under this chapter by electronic or

14  telephonic means.

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

16  328.01, Florida Statutes, is amended to read:

17         328.01  Application for certificate of title.--

18         (2)

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

20  owner of a homemade vessel shall establish proof of ownership

21  by submitting with the application:

22         1.  A notarized statement of the builder or its

23  equivalent, whichever is acceptable to the Department of

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

25  16 feet in length; or

26         2.  A certificate of inspection from the Fish and

27  Wildlife Conservation Division of Law Enforcement of the

28  Department of Environmental Protection or the Game and Fresh

29  Water Fish Commission and a notarized statement of the builder

30  or its equivalent, whichever is acceptable to the Department

31


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                                       CS/HB 2145, First Engrossed



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

  2  or more in length.

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

  4  Statutes, is amended to read:

  5         339.281  Damage to transportation facility by vessel;

  6  marine accident report; investigative authorities;

  7  penalties.--

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

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

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

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

12  Conservation Commission officer Florida Marine Patrol, the

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

14  and Fresh Water Fish Commission, or the Florida Highway

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

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

17  in pursuance of its investigation.  The law enforcement agency

18  investigating the accident shall submit a copy of its report

19  to the department.

20         Section 39.  Section 370.025, Florida Statutes, 1998

21  Supplement, is amended to read:

22         370.025  Marine fisheries; policy and standards.--

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

24  state to be management and preservation of its renewable

25  marine fishery resources, based upon the best available

26  information, emphasizing protection and enhancement of the

27  marine and estuarine environment in such a manner as to

28  provide for optimum sustained benefits and use to all the

29  people of this state for present and future generations.

30         (2)  The commission is instructed to make

31  recommendations annually to the Governor and the Legislature


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                                       CS/HB 2145, First Engrossed



  1  regarding marine fisheries research priorities and

  2  funding.  All administrative and enforcement responsibilities

  3  which are unaffected by the specific provisions of this act

  4  are the responsibility of the commission.

  5         (3)(2)  All rules relating to saltwater fisheries

  6  adopted by the commission department pursuant to this chapter

  7  or adopted by the Marine Fisheries Commission and approved by

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

  9  Internal Improvement Trust Fund shall be consistent with the

10  following standards:

11         (a)  The paramount concern of conservation and

12  management measures shall be the continuing health and

13  abundance of the marine fisheries resources of this state.

14         (b)  Conservation and management measures shall be

15  based upon the best information available, including

16  biological, sociological, economic, and other information

17  deemed relevant by the commission.

18         (c)  Conservation and management measures shall permit

19  reasonable means and quantities of annual harvest, consistent

20  with maximum practicable sustainable stock abundance on a

21  continuing basis.

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

23  shall be managed as a biological unit.

24         (e)  Conservation and management measures shall assure

25  proper quality control of marine resources that enter

26  commerce.

27         (f)  State marine fishery management plans shall be

28  developed to implement management of important marine fishery

29  resources.

30         (g)  Conservation and management decisions shall be

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


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                                       CS/HB 2145, First Engrossed



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

  2  entity acquires an excessive share of such privileges.

  3         (h)  Federal fishery management plans and fishery

  4  management plans of other states or interstate commissions

  5  should be considered when developing state marine fishery

  6  management plans. Inconsistencies should be avoided unless it

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

  8  or residents of this state to be inconsistent.

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

10  Constitution, the commission has full constitutional

11  rulemaking authority over marine life, and listed species as

12  defined in s. 372.072(3), except for:

13         (a)  Endangered or threatened marine species for which

14  rulemaking shall be done pursuant to chapter 120; and

15         (b)  The authority to regulate fishing gear in

16  residential, manmade saltwater canals which is retained by the

17  Legislature and specifically not delegated to the commission.

18         (c)  Marine aquaculture products produced by an

19  individual certified under s. 597.004. This exception does not

20  apply to snook, prohibited and restricted marine species

21  identified by rule of the commission, and rulemaking authority

22  granted pursuant to s. 370.027(4).

23         Section 40.  Subsections (1), (2), and (3) of section

24  370.027, Florida Statutes, 1998 Supplement, are repealed.

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

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

27         370.06  Licenses.--

28         (4)  SPECIAL ACTIVITY LICENSES.--

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

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

31  or rule of the Fish and Wildlife Conservation Marine Fisheries


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                                       CS/HB 2145, First Engrossed



  1  Commission for harvesting saltwater species. In accordance

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

  3  and rules of the Marine Fisheries commission, the commission

  4  department may issue special activity licenses for the use of

  5  nonconforming gear or equipment, including, but not limited

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

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

  8  scientific and governmental purposes, and, where allowable,

  9  for innovative fisheries. The commission department may

10  prescribe by rule application requirements and terms,

11  conditions, and restrictions to be incorporated into each

12  special activity license. This subsection does not apply to

13  gear or equipment used by certified marine aquaculturists as

14  provided for in s. 597.004 to harvest marine aquaculture

15  products.

16         (b)  The commission department is authorized to issue

17  special activity licenses in accordance with this section and

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

19  aquaculture of wild anadromous sturgeon.  The special activity

20  license shall provide for specific management practices to

21  prevent the release and escape of cultured anadromous sturgeon

22  and to protect indigenous populations of saltwater species.

23         (c)  The Department of Agriculture and Consumer

24  Services is authorized to issue special activity licenses, in

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

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

27  activities relate to quality control, sanitation, public

28  health regulations, innovative technologies for aquaculture

29  activities, or the protection of shellfish resources provided

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

31


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                                       CS/HB 2145, First Engrossed



  1  Department of Agriculture and Consumer Services, pursuant to a

  2  memorandum of understanding.

  3         (d)  The conditions and specific management practices

  4  established in this section may be incorporated into permits

  5  and authorizations issued pursuant to chapter 253, chapter

  6  373, chapter 403, or this chapter, when incorporating such

  7  provisions is in accordance with the aquaculture permit

  8  consolidation procedures. No separate issuance of a special

  9  activity license is required when conditions and specific

10  management practices are incorporated into permits or

11  authorizations under this paragraph. Implementation of this

12  section to consolidate permitting actions does not constitute

13  rules within the meaning of s. 120.52.

14         (e)  The commission department is authorized to issue

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

16  370.101, and this section; aquaculture permit consolidation

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

18  Fisheries commission to permit the capture and possession of

19  saltwater species protected by law and used as stock for

20  artificial cultivation and propagation.

21         (f)  The commission department is authorized to adopt

22  rules to govern the administration of special activities

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

24  Fisheries commission. Such rules may prescribe application

25  requirements and terms, conditions, and restrictions for any

26  such special activity license requested pursuant to this

27  section.

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

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

30  definitions shall apply:

31         1.  "Person" means an individual.


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                                       CS/HB 2145, First Engrossed



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

  2         a.  Continuously resided in this state for 6 months

  3  immediately preceding the making of his or her application for

  4  an Apalachicola Bay oyster harvesting license; or

  5         b.  Established a domicile in this state and evidenced

  6  that domicile as provided in s. 222.17.

  7         (b)  No person shall harvest oysters from the

  8  Apalachicola Bay without a valid Apalachicola Bay oyster

  9  harvesting license issued by the Department of Agriculture and

10  Consumer Services. This requirement shall not apply to anyone

11  harvesting noncommercial quantities of oysters in accordance

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

13  person less than 18 years old.

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

15  oyster harvesting license shall submit an annual fee for the

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

17  year preceding the license year for which the license is

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

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

20  issuance of the license.

21         (d)  The Department of Agriculture and Consumer

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

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

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

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

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

27  fide residents of Florida may obtain a resident license

28  pursuant to this subsection.

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

30  oyster harvesting license shall, before receiving the license,

31  attend an educational seminar of not more than 16 hours


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                                       CS/HB 2145, First Engrossed



  1  length, developed and conducted jointly by the Apalachicola

  2  National Estuarine Research Reserve, the department's Division

  3  of Law Enforcement of the Fish and Wildlife Conservation

  4  Commission, and the Department of Agriculture and Consumer

  5  Services' department's Apalachicola District Shellfish

  6  Environmental Assessment Laboratory. The seminar shall

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

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

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

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

11  certificate of participation to present when obtaining an

12  Apalachicola Bay oyster harvesting license.

13         (f)  Each person, while harvesting oysters in

14  Apalachicola Bay, shall have in possession a valid

15  Apalachicola Bay oyster harvesting license, or proof of having

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

17  shall produce such license or proof of application upon

18  request of any law enforcement officer.

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

20  harvesting license shall prominently display the license

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

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

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

24  identifiable from the air and water. Only one vessel

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

26  may harvest oysters from the vessel of another licensee.

27         (h)  Any person holding an Apalachicola Bay oyster

28  harvesting license shall receive credit for the license fee

29  against the saltwater products license fee.

30         (i)  The proceeds from Apalachicola Bay oyster

31  harvesting license fees shall be deposited in the General


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                                       CS/HB 2145, First Engrossed



  1  Inspection Marine Resources Conservation Trust Fund and, less

  2  reasonable administrative costs, shall be used or distributed

  3  by the Department of Agriculture and Consumer Services for the

  4  following purposes in Apalachicola Bay:

  5         1.  Relaying and transplanting live oysters.

  6         2.  Shell planting to construct or rehabilitate oyster

  7  bars.

  8         3.  Education programs for licensed oyster harvesters

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

10  sanitation, resource conservation, small business management,

11  marketing, and other relevant subjects.

12         4.  Research directed toward the enhancement of oyster

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

14  bay.

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

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

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

18  Nothing in this subsection shall limit the application of

19  existing penalties.

20         (k)  Any oyster harvesting license issued pursuant to

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

22  Fish and Wildlife Conservation Commission regulating gear or

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

24  taking of saltwater species.

25         Section 42.  Section 370.0608, Florida Statutes, 1998

26  Supplement, is amended to read:

27         370.0608  Deposit of license fees; allocation of

28  federal funds.--

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

30  shall be deposited into the Marine Resources Conservation

31  Trust Fund, to be used as follows:


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                                       CS/HB 2145, First Engrossed



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

  2  collected shall be for the Marine Fisheries Commission to be

  3  used to carry out the responsibilities of the Fish and

  4  Wildlife Conservation Commission and to provide for the award

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

  6  purposes of enabling such institutions to conduct worthy

  7  marine research projects.

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

  9  collected shall be used for aquatic education purposes.

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

11  department for the following program functions:

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

13  collected, for administration of the licensing program and for

14  information and education.

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

16  collected, for law enforcement.

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

18  collected, for marine research.

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

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

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

22  hatcheries.

23         2.  The Legislature shall annually appropriate to the

24  commission Department of Environmental Protection from the

25  General Revenue Fund for the activities and programs specified

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

27  appropriated to the Department of Environmental Protection

28  from the General Revenue Fund for such activities and programs

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

30  commission department for such activities and programs from

31  the Marine Resources Conservation Trust Fund shall be in


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                                       CS/HB 2145, First Engrossed



  1  addition to the amount appropriated to the commission

  2  department for such activities and programs from the General

  3  Revenue Fund. The proceeds from recreational saltwater fishing

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

  5  commission Department of Environmental Protection.

  6         (2)  The Department of Environmental Protection and the

  7  Game and Fresh Water Fish Commission shall develop and

  8  maintain a memorandum of understanding to provide for the

  9  equitable allocation of federal aid available to Florida

10  pursuant to the Sport Fish Restoration Administration Funds.

11  Funds available from the Wallop-Breaux Aquatic Resources Trust

12  Fund shall be distributed by the commission between the

13  Division of Freshwater Fisheries and the Division of Marine

14  Fisheries department and the commission in proportion to the

15  numbers of resident fresh and saltwater anglers as determined

16  by the most current data on license sales.  Unless otherwise

17  provided by federal law, the department and the commission, at

18  a minimum, shall provide the following:

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

20  the funds allocated to the commission each agency shall be

21  expended for an aquatic resources education program; and

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

23  the commission each agency shall be expended for acquisition,

24  development, renovation, or improvement of boating facilities.

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

26  shall be transferred to the Marine Resources Conservation

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

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

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

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

31


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                                       CS/HB 2145, First Engrossed



  1  all interest derived therefrom, shall be available for

  2  appropriation annually.

  3         Section 43.  Section 370.063, Florida Statutes, is

  4  amended to read:

  5         370.063  Special recreational crawfish license.--There

  6  is created a special recreational crawfish license, to be

  7  issued to qualified persons as provided by this section for

  8  the recreational harvest of crawfish (spiny lobster) beginning

  9  August 5, 1994.

10         (1)  The special recreational crawfish license shall be

11  available to any individual crawfish trap number holder who

12  also possesses a saltwater products license during the

13  1993-1994 license year.  For the 1994-1995 license year and

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

15  recreational crawfish license may not also possess a trap

16  number.

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

18  crawfish license is required in order to harvest crawfish from

19  state territorial waters in quantities in excess of the

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

21  bag limit as to be established by the Marine Fisheries

22  Commission for these harvesters before the 1994-1995 license

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

24  sport season established by the Fish and Wildlife Conservation

25  Commission.

26         (3)  The holder of a special recreational crawfish

27  license must also possess the recreational crawfish stamp

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

29  370.0605.

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

31  special recreational crawfish license, the applicant must


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                                       CS/HB 2145, First Engrossed



  1  agree to file quarterly reports with the Fish and Wildlife

  2  Conservation Commission Division of Marine Resources of the

  3  Department of Environmental Protection, in such form as the

  4  commission division requires, detailing the amount of the

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

  6  previous quarter, including the harvest of other recreational

  7  harvesters aboard the licenseholder's vessel.

  8         (5)  The Fish and Wildlife Conservation Commission

  9  Department of Environmental Protection shall issue special

10  recreational crawfish licenses beginning in 1994 for the

11  1994-1995 license year. The fee for each such license is $100

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

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

14  year by the initial individual holder thereof. Noncompliance

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

16  special recreational bag limit established under subsection

17  (6) constitutes grounds for which the commission department

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

19  The number of such licenses outstanding in any one license

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

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

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

23  the commission in the subsequent department beginning in the

24  1995-1996 license year to new applicants otherwise qualified

25  under this section.

26         (6)  To promote conservation of the spiny lobster

27  (crawfish) resource, consistent with equitable distribution

28  and availability of the resource, the Marine Fisheries

29  commission shall establish a spiny lobster management plan

30  incorporating the special recreational crawfish license,

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


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                                       CS/HB 2145, First Engrossed



  1  recreational bag limit for the holders of such license as

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

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

  4  recreational bag limits.

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

  6  section must be deposited in the Marine Resources Conservation

  7  Trust Fund and used as follows:

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

  9  development of reliable recreational catch statistics for the

10  crawfish (spiny lobster) fishery.

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

12  Department of Environmental Protection for administration and

13  enforcement of this section.

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

15  Fisheries Commission for enforcement the purposes of this

16  section.

17         (8)  The Department of Environmental Protection may

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

19  recreational lobster license program.

20         Section 44.  Section 370.071, Florida Statutes, is

21  amended to read:

22         370.071  Shellfish processors; regulation.--

23         (1)  The Department of Agriculture and Consumer

24  Services, hereinafter referred to as department, is authorized

25  to adopt by rule regulations, specifications, and codes

26  relating to sanitary practices for catching, cultivating,

27  handling, processing, packaging, preserving, canning, smoking,

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

29  department is also authorized to license aquaculture

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

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


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                                       CS/HB 2145, First Engrossed



  1  public health practices pursuant to this section and s.

  2  370.06(4).  The department is also authorized to license or

  3  certify facilities used for processing oysters, clams,

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

  5  certificates upon satisfactory evidence of any violation of

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

  7  destroy any adulterated or misbranded shellfish products as

  8  defined by rule.

  9         (2)  A shellfish processing plant certification license

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

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

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

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

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

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

16  shedding plant.

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

18  processing plant certification license upon satisfactory

19  evidence that the licensee has violated any regulation,

20  specification, or code adopted under this section and may

21  seize and destroy any shellfish product which is defined by

22  rule to be an adulterated or misbranded shellfish product.

23         Section 45.  Section 370.12, Florida Statutes, 1998

24  Supplement, is amended to read:

25         370.12  Marine animals; regulation.--

26         (1)  PROTECTION OF MARINE TURTLES.--

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

28  Protection Act."

29         (b)  The Legislature intends, pursuant to the

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

31  Wildlife Conservation Commission Department of Environmental


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                                       CS/HB 2145, First Engrossed



  1  Protection has the appropriate authority and resources to

  2  implement its responsibilities under the recovery plans of the

  3  United States Fish and Wildlife Service for the following

  4  species of marine turtle:

  5         1.  Atlantic loggerhead turtle (Caretta caretta

  6  caretta).

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

  8         3.  Leatherback turtle (Dermochelys coriacea).

  9         4.  Atlantic hawksbill turtle (Eretmochelys imbricata

10  imbricata).

11         5.  Atlantic ridley turtle (Lepidochelys kempi).

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

13  Endangered Species Act or its implementing regulations, no

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

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

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

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

18  actually kills or injures marine turtles, and includes

19  significant habitat modification or degradation that kills or

20  injures marine turtles by significantly impairing essential

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

22         2.  Unless otherwise provided by the federal Endangered

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

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

25  harass, or destroy any marine turtle.

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

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

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

29  agreement from the commission department enabling the holder

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

31  educational, or exhibitional purposes, or for conservation


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                                       CS/HB 2145, First Engrossed



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

  2  from construction sites. Notwithstanding any other provisions

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

  4  department may issue such authorization to any properly

  5  accredited person for the purpose of marine turtle

  6  conservation upon such terms, conditions, and restrictions as

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

  8  commission department shall have the authority to adopt rules

  9  pursuant to chapter 120 to permit the possession of marine

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

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

12         a.  Students of colleges or universities whose studies

13  with saltwater animals are under the direction of their

14  teacher or professor;

15         b.  Scientific or technical faculty of public or

16  private colleges or universities;

17         c.  Scientific or technical employees of private

18  research institutions and consulting firms;

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

20  state, or federal research or regulatory agencies;

21         e.  Members in good standing or recognized and properly

22  chartered conservation organizations, the Audubon Society, or

23  the Sierra Club;

24         f.  Persons affiliated with aquarium facilities or

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

26  the public with or without an admission fee; or

27         g.  Persons without specific affiliations listed above,

28  but who are recognized by the commission department for their

29  contributions to marine conservation such as scientific or

30  technical publications, or through a history of cooperation

31  with the commission department in conservation programs such


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                                       CS/HB 2145, First Engrossed



  1  as turtle nesting surveys, or through advanced educational

  2  programs such as high school marine science centers.

  3         (d)  Any application for a Department of Environmental

  4  Protection permit or other type of approval for an activity

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

  6  subject to conditions and requirements for marine turtle

  7  protection as part of the permitting or approval process.

  8         (e)  The Department of Environmental Protection may

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

10  permitted activities to provide protection to nesting marine

11  turtles and hatchlings and their habitat pursuant to the

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

13  considering a permit for a beach restoration, beach

14  renourishment, or inlet sand transfer project and the

15  applicant has had an active marine turtle nest relocation

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

17  administer a program, the department must not restrict the

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

19  accordance with the applicable rules of the Fish and Wildlife

20  Conservation Commission, shall require as a condition of the

21  permit that the applicant relocate and monitor all turtle

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

23  renourishment, or sand transfer activities.  Such relocation

24  and monitoring activities shall be conducted in a manner that

25  ensures successful hatching. This limitation on the

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

27  Florida.

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

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

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

31  federal Endangered Species Act and its implementing


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                                       CS/HB 2145, First Engrossed



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

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

  3         (g)  The department shall give special consideration to

  4  beach preservation and beach nourishment projects that restore

  5  habitat of endangered marine turtle species.  Nest relocation

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

  7  When an applicant for a beach restoration, beach

  8  renourishment, or inlet sand transfer project has had an

  9  active marine turtle nest relocation program or the applicant

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

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

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

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

14  Fish and Wildlife Conservation Commission, shall require as a

15  condition of the permit that the applicant relocate and

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

17  restoration, beach renourishment, or sand transfer activities.

18  Such relocation and monitoring activities shall be conducted

19  in a manner that ensures successful hatching.  This limitation

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

21  coast of Florida.

22         (h)  The Fish and Wildlife Conservation Commission

23  department shall provide grants to coastal local governments,

24  educational institutions, and Florida-based nonprofit

25  organizations to conduct marine turtle research, conservation,

26  and education activities within the state. The commission

27  department shall adopt by rule pursuant to chapter 120

28  procedures for submitting grant applications and criteria for

29  allocating available funds. The criteria must include the

30  scope of the proposed activity, the relevance of the proposed

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


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                                       CS/HB 2145, First Engrossed



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

  2  the proposed activity, the availability of alternative

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

  4  director secretary of the commission department shall appoint

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

  6  nongovernmental representatives, to consider and choose grant

  7  recipients from proposals submitted by eligible entities.

  8  Committee members shall not receive any compensation from the

  9  commission department.

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

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

12  the "Florida Manatee Sanctuary Act."

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

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

15  marine mammal."

16         (c)  Whenever the Fish and Wildlife Conservation

17  Commission department is satisfied that the interest of

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

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

20  for a scientific or propagational purpose and should be

21  granted, and after concurrence by the United States Department

22  of the Interior, the commission Division of Marine Resources

23  may grant to any person making such application a special

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

25  specify the exact number which shall be maintained in

26  captivity.

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

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

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

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

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


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                                       CS/HB 2145, First Engrossed



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

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

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

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

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

  6  or any part of any manatee.

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

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

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

10  other subaquatic gear, or other instrument, device, or

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

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

13  The foregoing provisions relating to seizure and forfeiture of

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

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

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

17  provisions shall not vitiate any valid lien, retain title

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

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

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

21  the seizure.

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

23  harmful collisions with motorboats or from harassment, the

24  Fish and Wildlife Conservation Commission Department of

25  Environmental Protection shall adopt rules under chapter 120

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

27  marine facilities and mooring or docking slips, by the

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

29  regulating the operation and speed of motorboat traffic, only

30  where manatee sightings are frequent and it can be generally

31


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                                       CS/HB 2145, First Engrossed



  1  assumed, based on available scientific information, that they

  2  inhabit these areas on a regular or continuous basis:

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

  4  the Tice Florida Power and Light Corporation discharge canal

  5  and adjoining waters of the Caloosahatchee River within 1 mile

  6  of the confluence of the Orange and Caloosahatchee Rivers.

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

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

  9  Commission Delespine power plant effluent and the Florida

10  Power and Light Frontenac power plant effluents.

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

12  Vero Beach Municipal Power Plant and connecting waters within

13  1 1/4  miles thereof.

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

15  King Municipal Electric Station and connecting waters within 1

16  mile thereof.

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

18  Power and Light Riviera Beach power plant and connecting

19  waters within 1 1/2  miles thereof.

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

21  Florida Power and Light Port Everglades power plant and

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

23  discharge canal of the Florida Power and Light Fort Lauderdale

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

25  purposes of ensuring the physical safety of boaters in a

26  sometimes turbulent area, the area from the easternmost edge

27  of the authorized navigation project of the intracoastal

28  waterway east through the Port Everglades Inlet is excluded

29  from this regulatory zone.

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

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


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                                       CS/HB 2145, First Engrossed



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

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

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

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

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

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

  7  Highway 41.

  8         10.  In Sarasota County: the Venice Inlet and

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

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

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

12  bordering the centerline of the intracoastal waterway.

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

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

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

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

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

18  Highway 41.

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

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

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

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

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

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

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

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

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

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

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

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

31


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                                       CS/HB 2145, First Engrossed



  1         (g)  The Fish and Wildlife Conservation Commission

  2  Department of Environmental Protection shall adopt rules

  3  pursuant to chapter 120 regulating the operation and speed of

  4  motorboat traffic only where manatee sightings are frequent

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

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

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

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

  9  commission department shall adopt rules pursuant to chapter

10  120 regulating the operation and speed of motorboat traffic

11  only where manatee sightings are frequent and it can be

12  generally assumed that they inhabit these areas on a regular

13  or continuous basis within the Loxahatchee River in Palm Beach

14  and Martin Counties, including the north and southwest forks

15  thereof. A limited lane or corridor providing for reasonable

16  motorboat speeds may be identified and designated within this

17  area.

18         (h)  The commission department shall adopt rules

19  pursuant to chapter 120 regulating the operation and speed of

20  motorboat traffic only where manatee sightings are frequent

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

22  on a regular or continuous basis within the Withlacoochee

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

24  specific areas to be regulated include the Withlacoochee River

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

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

27  river, including all side channels and coves along that

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

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

30  beginning to its confluence with the Withlacoochee River; and

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


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                                       CS/HB 2145, First Engrossed



  1  Withlacoochee River southwest of Yankeetown.  A limited lane

  2  or corridor providing for reasonable motorboat speeds may be

  3  identified and designated within this area.

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

  5  source of warm water discharge is discovered within the state

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

  7  Fish and Wildlife Conservation Commission Department of

  8  Environmental Protection is directed to adopt rules pursuant

  9  to chapter 120 regulating the operation and speed of motorboat

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

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

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

13  the manatees or sea cows.

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

15  adoption of this paragraph to allow the Fish and Wildlife

16  Conservation Commission Department of Environmental Protection

17  to post and regulate boat speeds only where manatee sightings

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

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

20  intent of the Legislature to permit the commission department

21  to post and regulate boat speeds generally in the

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

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

24  skiers using the areas for recreational and commercial

25  purposes. Limited lanes or corridors providing for reasonable

26  motorboat speeds may be identified and designated within these

27  areas.

28         (k)  The commission department shall adopt rules

29  pursuant to chapter 120 regulating the operation and speed of

30  motorboat traffic all year around within Turkey Creek and its

31


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                                       CS/HB 2145, First Engrossed



  1  tributaries and within Manatee Cove in Brevard County.  The

  2  specific areas to be regulated consist of:

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

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

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

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

  7  28 south, range 37 east, to the confluence of Turkey Creek and

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

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

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

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

12  Cape Malabar, thence northward along the shoreline of the

13  Indian River to Palm Bay Point.

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

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

16  Banana River, with northern boundaries beginning and running

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

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

19  boundaries running in line with the City of Cocoa Beach

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

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

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

23  80°35'17" west.

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

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

26  of the warm water wintering areas are in freshwater springs

27  and rivers which are under the primary state law enforcement

28  jurisdiction of the Florida Game and Fresh Water Fish

29  Commission. The law enforcement provisions of this section

30  shall be carried out jointly by the department and the

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


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                                       CS/HB 2145, First Engrossed



  1  The specific areas of jurisdictional responsibility are to be

  2  established between the department and the commission by

  3  interagency agreement.

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

  5  regulations pursuant to chapter 120 relating to the operation

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

  7  to the safety requirements of such traffic and the

  8  navigational hazards related to the movement of commercial

  9  vessels.

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

11  adopted pursuant to chapter 120 other portions of state waters

12  where manatees are frequently sighted and it can be assumed

13  that manatees inhabit such waters periodically or

14  continuously. Upon designation of such waters, the commission

15  department shall adopt rules pursuant to chapter 120 to

16  regulate motorboat speed and operation which are necessary to

17  protect manatees from harmful collisions with motorboats and

18  from harassment. The commission department may adopt rules

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

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

21  other human activity.  Such rules shall not protect noxious

22  aquatic plants subject to control under s. 369.20.

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

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

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

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

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

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

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

30  property is permitted when the motorboat is operated at idle

31  speed, no wake.


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                                       CS/HB 2145, First Engrossed



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

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

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

  4  regulate, by ordinance, motorboat speed and operation on

  5  waters within its jurisdiction where manatees are frequently

  6  sighted and can be generally assumed to inhabit periodically

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

  8  effect until it has been reviewed and approved by the

  9  commission department.  If the commission department and a

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

11  local manatee protection committee must be formed to review

12  the technical data of the commission department and the United

13  States Fish and Wildlife Service, and to resolve conflicts

14  regarding the ordinance. The manatee protection committee must

15  be comprised of:

16         1.  A representative of the commission department;

17         2.  A representative of the county;

18         3.  A representative of the United States Fish and

19  Wildlife Service;

20         4.  A representative of a local marine-related

21  business;

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

23         6.  A local fisher;

24         7.  An affected property owner; and

25         8.  A representative of the Florida Marine Patrol.

26

27  If local and state regulations are established for the same

28  area, the more restrictive regulation shall prevail.

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

30  need for use of fenders to prevent crushing of manatees

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


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                                       CS/HB 2145, First Engrossed



  1  counties where manatees have been crushed by such vessels.

  2  For areas in counties where evidence indicates that manatees

  3  have been crushed between vessels and bulkheads or wharves,

  4  the commission department shall:

  5         1.  Adopt rules pursuant to chapter 120 requiring use

  6  of fenders for construction of future bulkheads or wharves;

  7  and

  8         2.  Implement a plan and time schedule to require

  9  retrofitting of existing bulkheads or wharves consistent with

10  port bulkhead or wharf repair or replacement schedules.

11

12  The fenders shall provide sufficient standoff from the

13  bulkhead or wharf under maximum operational compression to

14  ensure that manatees cannot be crushed between the vessel and

15  the bulkhead or wharf.

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

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

18  120 or ordinance pursuant to this subsection, shall be

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

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

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

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

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

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

25  in s. 775.082 or s. 775.083.

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

27  any person violating the provisions of this subsection or any

28  rule or ordinance adopted pursuant to this subsection shall be

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

30  370.021(2)(a) or (b).

31


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                                       CS/HB 2145, First Engrossed



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

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

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

  4  2.

  5         2.  This paragraph does not apply to persons violating

  6  restrictions governing "No Entry" zones or "Motorboat

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

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

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

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

11  paragraph (d).

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

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

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

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

16  be authorized as a federal permit.

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

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

19  shall be available to fund an impartial scientific benchmark

20  census of the manatee population in the state. Weather

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

22  and Wildlife Conservation Commission Department of

23  Environmental Protection and the results shall be made

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

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

26  in the evaluation and development of manatee protection

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

28  be available for annual funding of activities of public and

29  private organizations and those of the commission department

30  intended to provide manatee and marine mammal protection and

31  recovery effort; manufacture and erection of informational and


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                                       CS/HB 2145, First Engrossed



  1  regulatory signs; production, publication, and distribution of

  2  educational materials; participation in manatee and marine

  3  mammal research programs, including carcass salvage and other

  4  programs; programs intended to assist the recovery of the

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

  6  endangered or threatened marine mammals, and prevent the

  7  endangerment of other species of marine mammals; and other

  8  similar programs intended to protect and enhance the recovery

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

10  commission department shall annually solicit advisory

11  recommendations from the Save the Manatee Committee affiliated

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

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

14  the Manatee Trust Fund.

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

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

17  reimburse the cost of activities related to manatee

18  rehabilitation by facilities that rescue, rehabilitate, and

19  release manatees as authorized pursuant to the Fish and

20  Wildlife Service of the United States Department of the

21  Interior. Such facilities must be involved in the actual

22  rescue and full-time acute care veterinarian-based

23  rehabilitation of manatees. The cost of activities includes,

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

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

26  the rescue, treatment, stabilization, maintenance, release,

27  and monitoring of manatees. Moneys distributed through

28  contractual agreement to each facility for manatee

29  rehabilitation shall be proportionate to the number of

30  manatees under acute care rehabilitation and those released

31  during the previous fiscal year. However, the reimbursement


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                                       CS/HB 2145, First Engrossed



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

  2  327.25(7) and 327.28(1)(b) for the purposes provided in this

  3  paragraph. Prior to receiving reimbursement for the expenses

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

  5  qualifies under state and federal regulations shall submit a

  6  plan to the Fish and Wildlife Conservation Commission

  7  Department of Environmental Protection for assisting the

  8  commission department and the Department of Highway Safety and

  9  Motor Vehicles in marketing the manatee specialty license

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

11  graphics, dissemination of brochures, recorded oral and visual

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

13  shall be updated annually and the Fish and Wildlife

14  Conservation Commission Department of Environmental Protection

15  shall inspect each marketing exhibit at least once each year

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

17  Each facility that receives funds for manatee rehabilitation

18  shall annually provide the commission department a written

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

20  year, documenting the efforts and effectiveness of the

21  facility's promotional activities.

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

23  Conservation Commission Department of Environmental Protection

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

25  the House of Representatives a written report, enumerating the

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

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

28  in a manner consistent with those recovery tasks enumerated

29  within the manatee recovery plan as required by the Endangered

30  Species Act.

31


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                                       CS/HB 2145, First Engrossed



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

  2  manatee from status as an endangered or threatened species,

  3  the annual allocation may be reduced.

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

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

  6  amended to read:

  7         370.26  Aquaculture definitions; marine aquaculture

  8  products, producers, and facilities.--

  9         (2)  The Department of Environmental Protection shall

10  encourage the development of aquaculture and the production of

11  aquaculture products. The department shall develop a process

12  consistent with this section that would consolidate permits,

13  general permits, special activity licenses, and other

14  regulatory requirements to streamline the permitting process

15  and result in effective regulation of aquaculture activities.

16  This process shall provide for a single application and

17  application fee for marine aquaculture activities which are

18  regulated by the department. Procedures to consolidate

19  permitting actions under this section do not constitute rules

20  within the meaning of s. 120.52.

21         (3)  The Department of Agriculture and Consumer

22  Services shall act as a clearinghouse for aquaculture

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

24  Wildlife Conservation Commission Division of Marine Resources,

25  the Division of State Lands, the Department of Environmental

26  Protection district offices, other divisions within the

27  Department of Environmental Protection, and the water

28  management districts. The Department of Agriculture and

29  Consumer Services shall be responsible for regulating marine

30  aquaculture producers, except as specifically provided herein.

31         (8)  The department shall:


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                                       CS/HB 2145, First Engrossed



  1         (a)  Coordinate with the Aquaculture Review Council,

  2  the Aquaculture Interagency Coordinating Council, and the

  3  Department of Agriculture and Consumer Services when

  4  developing criteria for aquaculture general permits.

  5         (b)  Permit experimental technologies to collect and

  6  evaluate data necessary to reduce or mitigate environmental

  7  concerns.

  8         (c)  Provide technical expertise and promote the

  9  transfer of information that would be beneficial to the

10  development of aquaculture.

11         (9)  The Fish and Wildlife Conservation Commission

12  department shall encourage the development of aquaculture in

13  the state through the following:

14         (a)  Providing assistance in developing technologies

15  applicable to aquaculture activities, evaluating practicable

16  production alternatives, and providing management agreements

17  to develop innovative culture practices.

18         (b)  Permitting experimental technologies to collect

19  and evaluate data necessary to reduce or mitigate

20  environmental concerns.

21         (c)  Providing technical expertise and promoting the

22  transfer of information that would be beneficial to the

23  development of aquaculture.

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

25  histories, stock enhancement, and alternative species, and

26  providing research results that would assist in the

27  evaluation, development, and commercial production of

28  candidate species for aquaculture, including:

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

30  aquaculturists when excess cultured stocks are available from

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


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                                       CS/HB 2145, First Engrossed



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

  2  stock enhancement projects.  Such stocks may be obtained by

  3  reimbursing the commission department for the cost of

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

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

  6  support the production of such stocks.

  7         2.  Conducting research programs to evaluate candidate

  8  species when funding and staff are available.

  9         3.  Encouraging the private production of marine fish

10  and shellfish stocks for the purpose of providing such stocks

11  for statewide stock enhancement programs.  When such stocks

12  become available, the commission department shall reduce or

13  eliminate duplicative production practices that would result

14  in direct competition with private commercial producers.

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

16  Department of Agriculture and Consumer Services, the

17  Aquaculture Review Council, and the Aquaculture Interagency

18  Coordinating Council, to plan and facilitate the development

19  of private marine fish and nonfish hatcheries and to encourage

20  private/public partnerships to promote the production of

21  marine aquaculture products.

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

23  Fresh Water Fish Commission and public and private research

24  institutions within the state to advance the aquaculture

25  production and sale of sturgeon as a food fish.

26         (10)  The Fish and Wildlife Conservation Commission

27  department shall coordinate with the Aquaculture Review

28  Council and the Department of Agriculture and Consumer

29  Services to establish and implement grant programs to provide

30  funding for projects and programs that are identified in the

31  state's aquaculture plan, pending legislative appropriations.


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                                       CS/HB 2145, First Engrossed



  1  The commission department and the Department of Agriculture

  2  and Consumer Services shall establish and implement a grant

  3  program to make grants available to qualified nonprofit,

  4  educational, and research entities or local governments to

  5  fund infrastructure, planning, practical and applied research,

  6  development projects, production economic analysis, and

  7  training and stock enhancement projects, and to make grants

  8  available to counties, municipalities, and other state and

  9  local entities for applied aquaculture projects that are

10  directed to economic development, pending legislative

11  appropriations.

12         (11)  The Fish and Wildlife Conservation Commission

13  department shall provide assistance to the Department of

14  Agriculture and Consumer Services in the development of an

15  aquaculture plan for the state.

16         Section 47.  Section 372.072, Florida Statutes, is

17  amended to read:

18         372.072  Endangered and Threatened Species Act.--

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

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

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

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

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

24  and wisely manage these resources, with particular attention

25  to those species defined by the Fish and Wildlife Conservation

26  Game and Fresh Water Fish Commission, the Department of

27  Environmental Protection, or the United States Department of

28  Interior, or successor agencies, as being endangered or

29  threatened. As Florida has more endangered and threatened

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

31


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                                       CS/HB 2145, First Engrossed



  1  the Legislature to provide for research and management to

  2  conserve and protect these species as a natural resource.

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

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

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

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

  7  other invertebrate.

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

  9  wildlife naturally occurring in Florida, whose prospects of

10  survival are in jeopardy due to modification or loss of

11  habitat; overutilization for commercial, sporting, scientific,

12  or educational purposes; disease; predation; inadequacy of

13  regulatory mechanisms; or other natural or manmade factors

14  affecting its continued existence.

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

16  wildlife naturally occurring in Florida which may not be in

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

18  populations as to become endangered if it is subjected to

19  increased stress as a result of further modification of its

20  environment.

21         (4)  INTERAGENCY COORDINATION.--

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

23  be responsible for research and management of freshwater and

24  upland species, and for research and management of marine

25  species.

26         2.  The Department of Environmental Protection shall be

27  responsible for research and management of marine species.

28         (b)  Recognizing that citizen awareness is a key

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

30  Fish commission, the Department of Environmental Protection,

31  and the Office of Environmental Education of the Department of


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                                       CS/HB 2145, First Engrossed



  1  Education are encouraged to work together to develop a public

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

  3  public and private schools.

  4         (c)  The Department of Environmental Protection, the

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

  6  commission, in consultation with the Department of Agriculture

  7  and Consumer Services, the Department of Commerce, the

  8  Department of Community Affairs, or the Department of

  9  Transportation, may establish reduced speed zones along roads,

10  streets, and highways to protect endangered species or

11  threatened species.

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

13  Water Fish commission, in consultation with the Secretary of

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

15  each annual session of the Legislature, transmit to the

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

17  of the House of Representatives, and the chairs of the

18  appropriate Senate and House committees, a revised and updated

19  plan for management and conservation of endangered and

20  threatened species, including criteria for research and

21  management priorities; a description of the educational

22  program; statewide policies pertaining to protection of

23  endangered and threatened species; additional legislation

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

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

26  budget request.

27         Section 48.  Section 372.0725, Florida Statutes, is

28  amended to read:

29         372.0725  Killing or wounding of any species designated

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

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


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                                       CS/HB 2145, First Engrossed



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

  2  Fish and Wildlife Conservation Game and Fresh Water Fish

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

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

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

  6  and Fresh Water Fish commission, the Department of

  7  Environmental Protection, or the Marine Fisheries Commission.

  8  Any person who violates this provision with regard to an

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

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

11  775.083, or s. 775.084.

12         Section 49.  Section 372.073, Florida Statutes, is

13  amended to read:

14         372.073  Endangered and Threatened Species Reward

15  Program.--

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

17  Conservation Game and Fresh Water Fish Commission the

18  Endangered and Threatened Species Reward Program, to be funded

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

20  rewards to persons responsible for providing information

21  leading to the arrest and conviction of persons illegally

22  killing or wounding or wrongfully possessing any of the

23  endangered and threatened species listed on the official

24  Florida list of such species maintained by the commission or

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

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

27  interested individuals and organizations. The reward program

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

29  establish a schedule of rewards.

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

31  following purposes:


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                                       CS/HB 2145, First Engrossed



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

  2  enforcement officers, commission personnel, and members of

  3  their immediate families, for information as specified in

  4  subsection (1); or

  5         (b)  The promotion of public recognition and awareness

  6  of the Endangered and Threatened Species Reward Program.

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

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

  9  Supplement, are amended to read:

10         370.093  Illegal use of nets.--

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

12  take or harvest, or to attempt to take or harvest, any marine

13  life in Florida waters with any net, as defined in subsection

14  (3) and any attachments to such net, that combined are larger

15  than 500 square feet and have not been expressly authorized

16  for such use by rule of the Fish and Wildlife Conservation

17  Marine Fisheries Commission under s. 370.027.  The use of

18  currently legal shrimp trawls and purse seines outside

19  nearshore and inshore Florida waters shall continue to be

20  legal until the commission implements rules regulating those

21  types of gear.

22         (6)  The Fish and Wildlife Conservation Marine

23  Fisheries Commission is granted authority to adopt rules

24  pursuant to s. ss. 370.025 and 370.027 implementing this

25  section and the prohibitions and restrictions of s. 16, Art. X

26  of the State Constitution.

27         Section 51.  Subsection (2) and paragraph (a) of

28  subsection (4) of section 376.11, Florida Statutes, 1998

29  Supplement, are amended to read:

30         376.11  Florida Coastal Protection Trust Fund.--

31


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                                       CS/HB 2145, First Engrossed



  1         (2)  The Florida Coastal Protection Trust Fund is

  2  established, to be used by the department and the Fish and

  3  Wildlife Conservation Commission as a nonlapsing revolving

  4  fund for carrying out the purposes of ss. 376.011-376.21.  To

  5  this fund shall be credited all registration fees, penalties,

  6  judgments, damages recovered pursuant to s. 376.121, other

  7  fees and charges related to ss. 376.011-376.21, and the excise

  8  tax revenues levied, collected, and credited pursuant to ss.

  9  206.9935(1) and 206.9945(1)(a).  Charges against the fund

10  shall be in accordance with this section.

11         (4)  Moneys in the Florida Coastal Protection Trust

12  Fund shall be disbursed for the following purposes and no

13  others:

14         (a)  Administrative expenses, personnel expenses, and

15  equipment costs of the department and the Fish and Wildlife

16  Conservation Commission related to the enforcement of ss.

17  376.011-376.21 subject to s. 376.185.

18         Section 52.  Section 20.325, Florida Statutes, is

19  repealed.

20         Section 53.  Section 370.026, Florida Statutes, is

21  repealed.

22         Section 54.  Notwithstanding chapter 60K-5, Florida

23  Administrative Code, or state law to the contrary, employees

24  transferring from the Department of Environmental Protection,

25  the Florida Game and Fresh Water Fish Commission, and the

26  Marine Fisheries Commission, to fill positions transferred to

27  the Fish and Wildlife Conservation Commission, shall also

28  transfer any accrued annual leave, sick leave, regular

29  compensatory leave and special compensatory leave balances.

30         Section 55.  Notwithstanding chapter 60K-5,

31  Administrative Code, or state law to the contrary, employees


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                                       CS/HB 2145, First Engrossed



  1  transferring from the Department of Environmental Protection

  2  to fill positions transferred to the Department of Agriculture

  3  and Consumer Services shall also transfer any accrued annual

  4  leave, sick leave, regular compensatory leave and special

  5  compensatory leave balances.

  6         Section 56.  Notwithstanding the provisions of

  7  subsection (2) of section 20.255, Florida Statutes, the

  8  Secretary of the Department of Environmental Protection is

  9  authorized to restructure and reorganize the department to

10  increase efficiency in carrying out the agency's statutory

11  mission and objectives.  The Secretary shall report to the

12  Governor, the Speaker of the House, and the President of the

13  Senate no later than December 1, 1999, on the department's

14  organizational structure.  The report must contain recommended

15  statutory changes needed to accomplish the department's new

16  structure.

17         Section 57.  The Division of Statutory Revision of the

18  Office of Legislative Services is directed to prepare a

19  reviser's bill for introduction at the 2000 Regular Session of

20  the Legislature to change "Game and Fresh Water Fish

21  Commission" to "Fish and Wildlife Conservation Commission" and

22  to make such further changes as are necessary to conform the

23  Florida Statutes to the organizational changes created by this

24  act.

25         Section 58.  If any provision of this act or the

26  application thereof to any person or circumstance is held

27  invalid, the invalidity shall not affect other provisions or

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

29  invalid provisions or applications, and to this end the

30  provisions of this act are declared severable.

31         Section 59.  This act shall take effect July 1, 1999.


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