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



                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Alexander offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 20.255, Florida Statutes, is

18  amended to read:

19         20.255  Department of Environmental Protection.--There

20  is created a Department of Environmental Protection.

21         (1)  The head of the Department of Environmental

22  Protection shall be a secretary, who shall be appointed by the

23  Governor, with the concurrence of three or more members of the

24  Cabinet. The secretary shall be confirmed by the Florida

25  Senate. The secretary shall serve at the pleasure of the

26  Governor.

27         (2)(a)  There shall be three two deputy secretaries and

28  an executive coordinator for ecosystem management who are to

29  be appointed by and shall serve at the pleasure of the

30  secretary. The secretary may assign any either deputy

31  secretary the responsibility to supervise, coordinate, and

                                  1

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  formulate policy for any division, office, or district. The

  2  following special offices are established and headed by

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

  4  pleasure of the secretary:

  5         1.  Office of Chief of Staff,

  6         2.1.  Office of General Counsel,

  7         3.2.  Office of Inspector General,

  8         4.3.  Office of External Affairs Communication, the

  9  latter including public information, legislative liaison,

10  cabinet liaison, and special projects,

11         4.  Office of Water Policy,

12         5.  Office of Legislative and Government Affairs, and

13  Intergovernmental Programs,

14         6.  Office of Ecosystem Planning and Coordination,

15         7.  Office of Environmental Education, and an

16         6.8.  Office of Greenways and Trails.

17         (b)  The executive coordinator for ecosystem management

18  shall coordinate policy within the department to assure the

19  implementation of the ecosystem management provisions of

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

21  ecosystem management shall supervise only the Office of Water

22  Policy, the Office of Intergovernmental Programs, the Office

23  of Ecosystem Planning and Coordination, and the Office of

24  Environmental Education. The executive coordinator for

25  ecosystem management may also be delegated authority by the

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

27  may include the responsibility to oversee the inland

28  navigation districts.

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

30  executive coordinator for ecosystem management shall report to

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

                                  2

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  daily coordination purposes, to report through a senior

  2  manager other than the secretary.

  3         (b)(d)  There shall be six administrative districts

  4  involved in regulatory matters of waste management, water

  5  resource management facilities, wetlands, and air resources,

  6  which shall be headed by managers, each of whom is to be

  7  appointed by and serve at the pleasure of the secretary.

  8  Divisions of the department may have one assistant or two

  9  deputy division directors, as required to facilitate effective

10  operation.

11

12  The managers of all divisions and offices specifically named

13  in this section and the directors of the six administrative

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

15  included in the Senior Management Service in accordance with

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

17  management positions at or above the division level, except

18  those established in chapter 110, may be created without

19  specific legislative authority.

20         (3)  The following divisions of the Department of

21  Environmental Protection are established:

22         (a)  Division of Administrative Services.

23         (b)  Division of Air Resource Management.

24         (c)  Division of Water Resource Management.

25         (d)  Division of Law Enforcement.

26         (e)  Division of Resource Assessment and Management.

27         (f)  Division of Waste Management.

28         (g)  Division of Recreation and Parks.

29         (h)  Division of State Lands, the director of which is

30  to be appointed by the secretary of the department, subject to

31  confirmation by the Governor and Cabinet sitting as the Board

                                  3

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  of Trustees of the Internal Improvement Trust Fund.

  2

  3  In order to ensure statewide and intradepartmental

  4  consistency, the department's divisions shall direct the

  5  district offices and bureaus on matters of interpretation and

  6  applicability of the department's rules and programs. All of

  7  the existing legal authorities and actions of the Department

  8  of Environmental Regulation and the Department of Natural

  9  Resources are transferred to the Department of Environmental

10  Protection, including, but not limited to, all pending and

11  completed actions on orders and rules, all enforcement

12  matters, and all delegations, interagency agreements, and

13  contracts with federal, state, regional, and local

14  governments, and private entities.

15         (4)  The secretary of the Department of Environmental

16  Protection is vested with the authority to take agency action

17  under laws in effect on or before the effective date of this

18  act, including those actions which were within the purview of

19  the Governor and Cabinet. However, the existing functions of

20  the Governor and Cabinet, sitting as the Siting Board as set

21  forth in part II of chapter 403, reviewing stricter than

22  federal standards of the Environmental Regulatory Commission

23  as set forth in s. 403.804, siting a multipurpose hazardous

24  waste facility as set forth in part IV of chapter 403, or

25  certifying an industrial project as set forth in part IV of

26  chapter 288, shall not be transferred to the Secretary of

27  Environmental Protection, and nothing herein shall be

28  construed to change any such function of the Governor and

29  Cabinet.

30         (5)  Except for those orders reviewable as provided in

31  s. 373.4275, the Governor and Cabinet, sitting as the Land and

                                  4

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Water Adjudicatory Commission, has the exclusive authority to

  2  review any order or rule of the department which, prior to

  3  July 1, 1994, the Governor and Cabinet, as head of the

  4  Department of Natural Resources, had authority to issue or

  5  promulgate, other than a rule or order relating to an internal

  6  procedure of the department.

  7         (a)  Such review may be initiated by a party to the

  8  proceeding by filing a request for review with the Land and

  9  Water Adjudicatory Commission and serving a copy on the

10  department and on any person named in the rule or order within

11  20 days after adoption of the rule or the rendering of the

12  order. Where a proceeding on an order has been initiated

13  pursuant to ss. 120.569 and 120.57, such review shall be

14  initiated within 20 days after the department has taken final

15  agency action in the proceeding. The request for review may be

16  accepted by any member of the commission. For the purposes of

17  this section, the term "party" shall mean any affected person

18  who submitted oral or written testimony, sworn or unsworn, to

19  the department of a substantive nature which stated, with

20  particularity, objections to or support for the rule or order

21  that are cognizable within the scope of the provisions and

22  purposes of the applicable statutory provisions, or any person

23  who participated as a party in a proceeding instituted

24  pursuant to chapter 120.

25         (b)  Review by the Land and Water Adjudicatory

26  Commission is appellate in nature and shall be based on the

27  record below. The matter shall be heard by the commission not

28  more than 60 days after receipt of the request for review.

29         (c)  If the Land and Water Adjudicatory Commission

30  determines that a rule or order is not consistent with the

31  provisions and purposes of this chapter, it may, in the case

                                  5

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  of a rule, require the department to initiate rulemaking

  2  proceedings to amend or repeal the rule or, in the case of an

  3  order, rescind or modify the order or remand the proceeding to

  4  the department for further action consistent with the order of

  5  the Land and Water Adjudicatory Commission.

  6         (d)  A request for review under this section shall not

  7  be a precondition to the seeking of judicial review pursuant

  8  to s. 120.68, or the seeking of an administrative

  9  determination of rule validity pursuant to s. 120.56.

10

11  The Land and Water Adjudicatory Commission may adopt rules

12  setting forth its procedures for reviewing orders or rules of

13  the department consistent with the provisions of this section.

14         (6)  The following divisions of the Department of

15  Environmental Protection are established:

16         (a)  Division of Administrative and Technical Services.

17         (b)  Division of Air Resource Management.

18         (c)  Division of Water Resource Management.

19         (d)  Division of Law Enforcement.

20         (e)  Division of Resource Assessment and Management.

21         (f)  Division of Waste Management.

22         (g)  Division of Recreation and Parks.

23         (h)  Division of State Lands, the director of which is

24  to be appointed by the secretary of the department, subject to

25  confirmation by the Governor and Cabinet sitting as the Board

26  of Trustees of the Internal Improvement Trust Fund.

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.

                                  6

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         (4)(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         (5)(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 Department

                                  7

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  of Environmental Protection on a certificate made by the

  2  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         (6)(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         (7)(10)  There is created as a part of the Department

18  of Environmental Protection an Environmental Regulation

19  Commission. The commission shall be composed of seven

20  residents of this state appointed by the Governor, subject to

21  confirmation by the Senate. The commission shall include one,

22  but not more than two, members from each water management

23  district who have resided in the district for at least 1 year,

24  and the remainder shall be selected from the state at

25  large.  Membership shall be representative of agriculture, the

26  development industry, local government, the environmental

27  community, lay citizens, and members of the scientific and

28  technical community who have substantial expertise in the

29  areas of the fate and transport of water pollutants,

30  toxicology, epidemiology, geology, biology, environmental

31  sciences, or engineering. The Governor shall appoint the

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  chair, and the vice chair shall be elected from among the

  2  membership. The members serving on the commission on July 1,

  3  1995, shall continue to serve on the commission for the

  4  remainder of their current terms. All appointments thereafter

  5  shall continue to be for 4-year terms. The Governor may at any

  6  time fill a vacancy for the unexpired term. The members of the

  7  commission shall serve without compensation, but shall be paid

  8  travel and per diem as provided in s. 112.061 while in the

  9  performance of their official duties. Administrative,

10  personnel, and other support services necessary for the

11  commission shall be furnished by the department.

12         Section 2.  Section 370.0205, Florida Statutes, is

13  transferred and renumbered as section 20.2551, Florida

14  Statutes.

15         Section 3.  Paragraph (c) of subsection (6) of section

16  20.331, Florida Statutes, is amended to read:

17         20.331  Fish and Wildlife Conservation Commission.--

18         (6)

19         (c)  The commission shall follow the provisions of

20  chapter 120 when adopting rules shall be accorded to any party

21  whose substantial interests will be affected by any action of

22  the commission in the performance of its statutory duties or

23  responsibilities. For purposes of this subsection, statutory

24  duties or responsibilities include, but are not limited to,

25  the following:

26         1.  Research and management responsibilities for marine

27  species listed as endangered, threatened, or of special

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

29  turtles;

30         2.  Establishment and enforcement of boating safety

31  regulations;

                                  9

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         3.  Land acquisition and management;

  2         4.  Enforcement and collection of fees for all

  3  recreational and commercial hunting or fishing licenses or

  4  permits;

  5         5.  Aquatic plant removal and management using fish as

  6  a biological control agent;

  7         6.  Enforcement of penalties for violations of

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

  9  and forfeiture of vessels and other equipment used to commit

10  those violations;

11         7.  Establishment of free fishing days;

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

13         9.  Establishment and coordination of a statewide

14  hunter safety course;

15         10.  Establishment of programs and activities to

16  develop and distribute public education materials;

17         11.  Police powers of wildlife and marine officers;

18         12.  Establishment of citizen support organizations to

19  provide assistance, funding, and promotional support for

20  programs of the commission;

21         13.  Creation of the Voluntary Authorized Hunter

22  Identification Program; and

23         14.  Regulation of required clothing of persons hunting

24  deer.

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

26  the development and implementation of its adequate due process

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

28  House of Representatives, and the appropriate substantive

29  committees of the House of Representatives and the Senate no

30  later than December 1, 1999.

31         Section 4.  Section 161.031, Florida Statutes, is

                                  10

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  amended to read:

  2         161.031  Personnel and facilities.--The Department of

  3  Environmental Protection may call to its assistance

  4  temporarily, any engineer or other employee in any state

  5  agency or department or in the University of Florida or other

  6  educational institution financed wholly or in part by the

  7  state, for the purpose of devising the most effective and

  8  economical method of averting and preventing erosion,

  9  hurricane, and storm damages. These employees shall not

10  receive additional compensation, except for actual necessary

11  expenses incurred while working under the direction of the

12  department Division of Marine Resources.

13         Section 5.  Section 161.36, Florida Statutes, is

14  amended to read:

15         161.36  General powers of authority.--In order to most

16  effectively carry out the purposes of this part, the board of

17  county commissioners, as the county beach and shore

18  preservation authority and as the governing body of each beach

19  and shore preservation district established thereby, shall be

20  possessed of broad powers to do all manner of things necessary

21  or desirable in pursuance of this end; provided, however,

22  nothing herein shall diminish or impair the regulatory

23  authority of the Department of Environmental Protection or

24  Division of Marine Resources under part I of this chapter, or

25  the Board of Trustees of the Internal Improvement Trust Fund

26  under chapter 253. Such powers shall specifically include, but

27  not be limited to, the following:

28         (1)  To make contracts and enter into agreements;

29         (2)  To sue and be sued;

30         (3)  To acquire and hold lands and property by any

31  lawful means;

                                  11

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         (4)  To exercise the power of eminent domain;

  2         (5)  To enter upon private property for purposes of

  3  making surveys, soundings, drillings and examinations, and

  4  such entry shall not be deemed a trespass;

  5         (6)  To construct, acquire, operate and maintain works

  6  and facilities;

  7         (7)  To make rules and regulations; and

  8         (8)  To do any and all other things specified or

  9  implied in this part.

10         Section 6.  Paragraph (kk) of subsection (7) of section

11  212.08, Florida Statutes, is amended to read:

12         212.08  Sales, rental, use, consumption, distribution,

13  and storage tax; specified exemptions.--The sale at retail,

14  the rental, the use, the consumption, the distribution, and

15  the storage to be used or consumed in this state of the

16  following are hereby specifically exempt from the tax imposed

17  by this chapter.

18         (7)  MISCELLANEOUS EXEMPTIONS.--

19         (kk)  Citizen support organizations.--Beginning July 1,

20  1996, nonprofit organizations that are incorporated under

21  chapter 617 or hold a current exemption from federal corporate

22  income tax under s. 501(c)(3) of the Internal Revenue Code, as

23  amended, and that have been designated citizen support

24  organizations in support of state-funded environmental

25  programs or the management of state-owned lands in accordance

26  with s.20.2551 s. 370.0205, or to support one or more state

27  parks in accordance with s. 258.015 are exempt from the tax

28  imposed by

29         Section 7.  Paragraph (f) of subsection (3) of section

30  259.101, Florida Statutes, is amended to read:

31         259.101  Florida Preservation 2000 Act.--

                                  12

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

  2  costs of issuance, the costs of funding reserve accounts, and

  3  other costs with respect to the bonds, the proceeds of bonds

  4  issued pursuant to this act shall be deposited into the

  5  Florida Preservation 2000 Trust Fund created by s. 375.045.

  6  Ten percent of the proceeds of any bonds deposited into the

  7  Preservation 2000 Trust Fund shall be distributed by the

  8  Department of Environmental Protection to the Department of

  9  Environmental Protection for the purchase by the South Florida

10  Water Management District of lands in Dade, Broward, and Palm

11  Beach Counties identified in s. 7, chapter 95-349, Laws of

12  Florida. This distribution shall apply for any bond issue for

13  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

14  $20 million per year from the proceeds of any bonds deposited

15  into the Florida Preservation 2000 Trust Fund shall be

16  distributed by the Department of Environmental Protection to

17  the St. Johns Water Management District for the purchase of

18  lands necessary to restore Lake Apopka. The remaining proceeds

19  shall be distributed by the Department of Environmental

20  Protection in the following manner:

21         (f)  Two and nine-tenths percent to the Fish and

22  Wildlife Conservation Game and Fresh Water Fish Commission to

23  fund the acquisition of inholdings and additions to lands

24  managed by the commission which are important to the

25  conservation of fish and wildlife.

26         Section 8.  Subsection (5) of section 288.109, Florida

27  Statutes, is amended to read:

28         288.109  One-Stop Permitting System.--

29         (5)  By January 1, 2001, the following state agencies,

30  and the programs within such agencies which require the

31  issuance of licenses, permits, and approvals to businesses,

                                  13

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  must also be integrated into the One-Stop Permitting System:

  2         (a)  The Department of Agriculture and Consumer

  3  Services.

  4         (b)  The Department of Business and Professional

  5  Regulation.

  6         (c)  The Department of Health.

  7         (d)  The Department of Insurance.

  8         (e)  The Department of Labor.

  9         (f)  The Department of Revenue.

10         (g)  The Department of State.

11         (h)  The Fish and Wildlife Conservation Game and

12  Freshwater Fish Commission.

13         (i)  Other state agencies.

14         Section 9.  Paragraph (b) of subsection (4) of section

15  323.001, Florida Statutes, is amended to read:

16         323.001  Wrecker operator storage facilities; vehicle

17  holds.--

18         (4)  The requirements for a written hold apply when the

19  following conditions are present:

20         (b)  The officer has probable cause to believe the

21  vehicle should be seized and forfeited under s. 370.442

22  372.312;

23         Section 10.  Subsection (1) of section 370.021, Florida

24  Statutes, is amended to read:

25         370.021  Administration; rules, publications, records;

26  penalties; injunctions.--

27         (1)  PENALTIES.--Unless otherwise provided by law, any

28  person, firm, or corporation who is convicted for violating

29  any provision of this chapter, or any rule of the Fish and

30  Wildlife Conservation Commission relating to the conservation

31  of marine resources adopted pursuant to this chapter, shall be

                                  14

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  punished:

  2         (a)  Upon a first conviction, by imprisonment for a

  3  period of not more than 60 days or by a fine of not less than

  4  $100 nor more than $500, or by both such fine and

  5  imprisonment.

  6         (b)  On a second or subsequent conviction within 12

  7  months, by imprisonment for not more than 6 months or by a

  8  fine of not less than $250 nor more than $1,000, or by both

  9  such fine and imprisonment.

10         Section 11.  Section 370.041, Florida Statutes, is

11  transferred and renumbered as section 161.242, Florida

12  Statutes.

13         Section 12.  Subsections (1), (4), (5), (6), (7), and

14  (8) of section 370.07, Florida Statutes, are amended to read:

15         370.07  Wholesale and retail saltwater products

16  dealers; regulation.--

17         (1)  DEFINITIONS; LICENSES AUTHORIZED.--Annual license

18  or privilege taxes are hereby levied and imposed upon dealers

19  in the state in saltwater products. It is unlawful for any

20  person, firm, or corporation to deal in any such products

21  without first paying for and procuring the license required by

22  this section. Application for all licenses shall be made to

23  the Fish and Wildlife Conservation Commission Department of

24  Environmental Protection on blanks to be furnished by it. All

25  licenses shall be issued by the commission department upon

26  payment to it of the license tax. The licenses are defined as:

27         (a)1.  "Wholesale county dealer" is any person, firm,

28  or corporation which sells saltwater products to any person,

29  firm, or corporation except to the consumer and who may buy

30  saltwater products in the county designated on the wholesale

31  license from any person licensed pursuant to s. 370.06(2) or

                                  15

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  from any licensed wholesale dealer.

  2         2.  "Wholesale state dealer" is a person, firm, or

  3  corporation which sells saltwater products to any person,

  4  firm, or corporation except to the consumer and who may buy

  5  saltwater products in any county of the state from any person

  6  licensed pursuant to s. 370.06(2) or from any licensed

  7  wholesale dealer.

  8         3.  "Wholesale dealer" is either a county or a state

  9  dealer.

10         (b)  A "retail dealer" is any person, firm, or

11  corporation which sells saltwater products directly to the

12  consumer, but no license is required of a dealer in

13  merchandise who deals in or sells saltwater products consumed

14  on the premises or prepared for immediate consumption and sold

15  to be taken out of any restaurant licensed by the Division of

16  Hotels and Restaurants of the Department of Business and

17  Professional Regulation.

18

19  Any person, firm, or corporation which is both a wholesale

20  dealer and a retail dealer shall obtain both a wholesale

21  dealer's license and a retail dealer's license. If a wholesale

22  dealer has more than one place of business, the annual license

23  tax shall be effective for all places of business, provided

24  that the wholesale dealer supplies to the commission

25  department a complete list of additional places of business

26  upon application for the annual license tax.

27         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

28         (a)  A person transporting in this state saltwater

29  products that were produced in this state, regardless of

30  destination, shall have in his or her possession invoices,

31  bills of lading, or other similar instruments showing the

                                  16

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  number of packages, boxes, or containers and the number of

  2  pounds of each species and the name, physical address, and the

  3  Florida wholesale dealer number of the dealer of origin.

  4         (b)  A person transporting in this state saltwater

  5  products that were produced outside this state to be delivered

  6  to a destination in this state shall have in his or her

  7  possession invoices, bills of lading, or other similar

  8  instruments showing the number of packages, boxes, or

  9  containers and the number of pounds of each species, the name

10  and physical address of the dealer of origin, and the name,

11  physical address, and Florida wholesale dealer number of the

12  Florida dealer to whom the shipment is to be delivered.

13         (c)  A person transporting in this state saltwater

14  products that were produced outside this state which are to be

15  delivered to a destination outside this state shall have in

16  his or her possession invoices, bills of lading, or other

17  similar instruments showing the number of packages, boxes, or

18  containers and the number of pounds of each species, the name

19  and physical address of the dealer of origin, and the name and

20  physical address of the dealer to whom the shipment is to be

21  delivered.

22         (d)  If the saltwater products in transit came from

23  more than one dealer, distributor, or producer, each lot from

24  each dealer shall be covered by invoices, bills of lading, and

25  other similar instruments showing the number of boxes or

26  containers and the number of pounds of each species.  Each

27  invoice, bill of lading, and other similar instrument shall

28  display the wholesale dealer license number and the name and

29  physical address of the dealer, distributor, or producer of

30  the lot covered by the instrument.

31         (e)  It is unlawful to sell, deliver, ship, or

                                  17

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  transport, or to possess for the purpose of selling,

  2  delivering, shipping, or transporting, any saltwater products

  3  without all invoices of such products having thereon the

  4  wholesale dealer license number in such form as may be

  5  prescribed under the provisions of this subsection and the

  6  rules and regulations of the Fish and Wildlife Conservation

  7  Commission department. Any saltwater products found in the

  8  possession of any person who is in violation of this provision

  9  may be seized by the commission department and disposed of in

10  the manner provided by law.

11         (f)  Nothing contained in this subsection may be

12  construed to apply to the sale and delivery to a consumer of

13  saltwater products in an ordinary retail transaction by a

14  licensed retail dealer who has purchased such products from a

15  licensed wholesale dealer or to the sale and delivery of the

16  catch or products of a saltwater products licensee to a

17  Florida-licensed wholesale dealer.

18         (g)  Wholesale dealers' licenses shall be issued only

19  to applicants who furnish to the commission department

20  satisfactory evidence of law-abiding reputation and who pledge

21  themselves to faithfully observe all of the laws and

22  regulations of this state relating to the conservation of,

23  dealing in, taking, selling, transporting, or possession of

24  saltwater products and to cooperate in the enforcement of all

25  such laws to every reasonable extent. This pledge may be

26  included in the application for license.

27         (h)  Any person who violates the provisions of this

28  subsection is guilty of a misdemeanor of the first degree,

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

30         (5)  LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

31         (a)  A license issued to a wholesale or retail dealer

                                  18

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  is good only to the person to whom issued and named therein

  2  and is not transferable.  The commission department may

  3  revoke, suspend, or deny the renewal of the license of any

  4  licensee:

  5         1.  Upon the conviction of the licensee of any

  6  violation of the laws or regulations designed for the

  7  conservation of saltwater products;

  8         2.  Upon conviction of the licensee of knowingly

  9  dealing in, buying, selling, transporting, possessing, or

10  taking any saltwater product, at any time and from any waters,

11  in violation of the laws of this state; or

12         3.  Upon satisfactory evidence of any violation of the

13  laws or any regulations of this state designed for the

14  conservation of saltwater products or of any of the laws of

15  this state relating to dealing in, buying, selling,

16  transporting, possession, or taking of saltwater products.

17         (b)  Upon revocation of such license, no other or

18  further license may be issued to the dealer within 3 years

19  from the date of revocation except upon special order of the

20  commission department.  After revocation, it is unlawful for

21  such dealer to exercise any of the privileges of a licensed

22  wholesale or retail dealer.

23         (c)  In addition to, or in lieu of, the penalty imposed

24  pursuant to this subsection, the commission department may

25  impose penalties pursuant to s. 370.021.

26         (6)  RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

27         (a)  Wholesale dealers shall be required by the

28  commission department to make and preserve a record of the

29  names and addresses of persons from whom or to whom saltwater

30  products are purchased or sold, the quantity so purchased or

31  sold from or to each vendor or purchaser, and the date of each

                                  19

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  such transaction. Retail dealers shall be required to make and

  2  preserve a record from whom all saltwater products are

  3  purchased.  Such record shall be open to inspection at all

  4  times by the commission department.  A report covering the

  5  sale of saltwater products shall be made monthly or as often

  6  as required by rule to the commission department by each

  7  wholesale dealer.  All reports required under this subsection

  8  are confidential and shall be exempt from the provisions of s.

  9  119.07(1) except that, pursuant to authority related to

10  interstate fishery compacts as provided by ss. 370.19(3) and

11  370.20(3), reports may be shared with another state if that

12  state is a member of an interstate fisheries compact, and if

13  that state has signed a Memorandum of Agreement or a similar

14  instrument agreeing to preserve confidentiality as established

15  by Florida law.

16         (b)  The commission department may revoke, suspend, or

17  deny the renewal of the license of any dealer for failure to

18  make and keep required records, for failure to make required

19  reports, for failure or refusal to permit the examination of

20  required records, or for falsifying any such record.  In

21  addition to, or in lieu of, the penalties imposed pursuant to

22  this paragraph and s. 370.021, the commission department may

23  impose against any person, firm, or corporation who is

24  determined to have violated any provision of this paragraph or

25  any provisions of any commission department rules adopted

26  promulgated pursuant to s. 370.0607, the following additional

27  penalties:

28         1.  For the first violation, a civil penalty of up to

29  $1,000;

30         2.  For a second violation committed within 24 months

31  of any previous violation, a civil penalty of up to $2,500;

                                  20

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  and

  2         3.  For a third or subsequent violation committed

  3  within 36 months of any previous two violations, a civil

  4  penalty of up to $5,000.

  5

  6  The proceeds of all civil penalties collected pursuant to this

  7  subsection shall be deposited into the Marine Resources

  8  Conservation Trust Fund and shall be used for administration,

  9  auditing, and law enforcement purposes.

10         (7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

11  LOCATION.--Wholesale dealers purchasing saltwater products

12  pursuant to s. 370.06(2)(a) at any site other than a site

13  located in a county where the dealer has a permanent address

14  must notify the Fish and Wildlife Conservation Commission

15  Division of Law Enforcement of the location of the temporary

16  site of business for each day business is to be conducted at

17  such site.

18         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

19  unlawful for any licensed retail dealer or any restaurant

20  licensed by the Division of Hotels and Restaurants of the

21  Department of Business and Professional Regulation to buy

22  saltwater products from any person other than a licensed

23  wholesale or retail dealer.

24         Section 13.  Section 370.101, Florida Statutes, is

25  amended to read:

26         370.101  Saltwater fish; regulations.--

27         (1)  The Fish and Wildlife Conservation Commission

28  Division of Marine Resources is authorized to establish weight

29  equivalencies when minimum lengths of saltwater fish are

30  established by law, in those cases where the fish are

31  artificially cultivated.

                                  21

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         (2)  A special activity license may be issued by the

  2  commission division pursuant to s. 370.06 for catching and

  3  possession of fish protected by law after it has first

  4  established that such protected specimens are to be used as

  5  stock for artificial cultivation.

  6         (3)  A No permit may not be issued pursuant to

  7  subsection (2) until the commission division determines that

  8  the artificial cultivation activity complies with the

  9  provisions of ss. 253.67-253.75 and any other specific

10  provisions contained within this chapter regarding leases,

11  licenses, or permits for maricultural activities of each

12  saltwater fish, so that the public interest in such fish

13  stocks is fully protected.

14         Section 14.  Subsection (2) of section 370.11, Florida

15  Statutes, is amended to read:

16         370.11  Fish; regulation.--

17         (2)  REGULATION; FISH; TARPON, ETC.--No person may

18  sell, offer for sale, barter, exchange for merchandise,

19  transport for sale, either within or without the state, offer

20  to purchase or purchase any species of fish known as tarpon

21  (Tarpon atlanticus) provided, however, any one person may

22  carry out of the state as personal baggage or transport within

23  or out of the state not more than two tarpon if they are not

24  being transported for sale. The possession of more than two

25  tarpon by any one person is unlawful; provided, however, any

26  person may catch an unlimited number of tarpon if they are

27  immediately returned uninjured to the water and released where

28  the same are caught.  No common carrier in the state shall

29  knowingly receive for transportation or transport, within or

30  without the state, from any one person for shipment more than

31  two tarpon, except as hereinafter provided.  It is expressly

                                  22

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  provided that any lawful established taxidermist, in the

  2  conduct of taxidermy, may be permitted to move or transport

  3  any reasonable number of tarpon at any time and in any manner

  4  he or she may desire, as specimens for mounting; provided,

  5  however, satisfactory individual ownership of the fish so

  6  moved or transported can be established by such taxidermist at

  7  any time upon demand.  Common carriers shall accept for

  8  shipment tarpon from a taxidermist when statement of

  9  individual ownership involved accompanies bill of lading or

10  other papers controlling the shipment. The Fish and Wildlife

11  Conservation Commission Division of Marine Resources may, in

12  its discretion, upon application issue permits for the taking

13  and transporting of tarpon for scientific purposes.

14         Section 15.  Subsection (1) of section 370.1107,

15  Florida Statutes, is amended to read:

16         370.1107  Definition; possession of certain licensed

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

18         (1)  As used in this section, the term "licensed

19  saltwater fisheries trap" means any trap required to be

20  licensed by the Fish and Wildlife Conservation Commission and

21  authorized pursuant to this chapter or by the commission for

22  the taking of saltwater products.

23         Section 16.  Section 370.1405, Florida Statutes, is

24  amended to read:

25         370.1405  Crawfish reports by dealers during closed

26  season required.--

27         (1)  Within 3 days after the commencement of the closed

28  season for the taking of saltwater crawfish, each and every

29  seafood dealer, either retail or wholesale, intending to

30  possess whole crawfish, crawfish tails, or crawfish meat

31  during closed season shall submit to the Fish and Wildlife

                                  23

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Conservation Commission Department of Environmental

  2  Protection, on forms provided by the commission department, a

  3  sworn report of the quantity, in pounds, of saltwater whole

  4  crawfish, crawfish tails, and crawfish meat in the dealer's

  5  name or possession as of the date the season closed. This

  6  report shall state the location and number of pounds of whole

  7  crawfish, crawfish tails, and crawfish meat. The commission

  8  department shall not accept any reports not delivered or

  9  postmarked by midnight of the 3rd calendar day after the

10  commencement of the closed season, and any stocks of crawfish

11  reported therein are declared a nuisance and may be seized by

12  the commission department.

13         (2)  Failure to submit a report as described in

14  subsection (1) or reporting a greater or lesser amount of

15  whole crawfish, crawfish tails, or crawfish meat than is

16  actually in the dealer's possession or name is a major

17  violation of this chapter, punishable as provided in s.

18  370.021(1), s. 370.07(6)(b), or both. The commission shall

19  seize the entire supply of unreported or falsely reported

20  whole crawfish, crawfish tails, or crawfish meat, and shall

21  carry the same before the court for disposal. The dealer shall

22  post a cash bond in the amount of the fair value of the entire

23  quantity of unreported or falsely reported crawfish as

24  determined by the judge. After posting the cash bond, the

25  dealer shall have 24 hours to transport said products outside

26  the limits of Florida for sale as provided by s. 370.061.

27  Otherwise, the product shall be declared a nuisance and

28  disposed of by the commission according to law.

29         (3)  All dealers having reported stocks of crawfish may

30  sell or offer to sell such stocks of crawfish; however, such

31  dealers shall submit an additional report on the last day of

                                  24

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  each month during the duration of the closed season. Reports

  2  shall be made on forms supplied by the commission department.

  3  Each dealer shall state on this report the number of pounds

  4  brought forward from the previous report period, the number of

  5  pounds sold during the report period, the number of pounds, if

  6  any, acquired from a licensed wholesale dealer during the

  7  report period, and the number of pounds remaining on hand. In

  8  every case, the amount of crawfish sold plus the amount

  9  reported on hand shall equal the amount acquired plus the

10  amount reported remaining on hand in the last submitted

11  report. Copies of records or invoices documenting the number

12  of pounds acquired during the closed season must be maintained

13  by the wholesale or retail dealer and shall be kept available

14  for inspection by the commission department for a period not

15  less than 3 years from the date of the recorded transaction.

16  Reports postmarked later than midnight on the 3rd calendar day

17  of each month during the duration of the closed season will

18  not be accepted by the commission department. Dealers for

19  which late supplementary reports are not accepted by the

20  commission department must show just cause why their entire

21  stock of whole crawfish, crawfish tails, or crawfish meat

22  should not be seized by the commission department. Whenever a

23  dealer fails to timely submit the monthly supplementary report

24  as described in this subsection, the dealer may be subject to

25  the following civil penalties:

26         (a)  For a first violation, the commission department

27  shall assess a civil penalty of $500.

28         (b)  For a second violation within the same crawfish

29  closed season, the commission department shall assess a civil

30  penalty of $1,000.

31         (c)  For a third violation within the same crawfish

                                  25

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  closed season, the commission department shall assess a civil

  2  penalty of $2,500 and may seize said dealer's entire stock of

  3  whole crawfish, crawfish tails, or crawfish meat and carry the

  4  same before the court for disposal. The dealer shall post a

  5  cash bond in the amount of the fair value of the entire

  6  remaining quantity of crawfish as determined by the judge.

  7  After posting the cash bond, a dealer shall have 24 hours to

  8  transport said products outside the limits of Florida for sale

  9  as provided by s. 370.061. Otherwise, the product shall be

10  declared a nuisance and disposed of by the commission

11  department according to law.

12         (4)  All seafood dealers shall at all times during the

13  closed season make their stocks of whole crawfish, crawfish

14  tails, or crawfish meat available for inspection by the

15  commission department.

16         (5)  Each wholesale and retail dealer in whole

17  crawfish, crawfish tails, or crawfish meat shall keep

18  throughout the period of the crawfish closed season copies of

19  the bill of sale or invoice covering each transaction

20  involving whole crawfish, crawfish tails, or crawfish meat.

21  Such invoices and bills shall be kept available at all times

22  for inspection by the commission department.

23         (6)  The Fish and Wildlife Conservation Commission may

24  Department of Environmental Protection is authorized to adopt

25  rules incorporating by reference such forms as are necessary

26  to administer implement the provisions of this section.

27         Section 17.  Section 372.021, Florida Statutes, is

28  amended to read:

29         372.021  Powers, duties, and authority of commission;

30  rules, regulations, and orders.--The Fish and Wildlife

31  Conservation Game and Fresh Water Fish Commission may exercise

                                  26

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  the powers, duties, and authority granted by s. 9, Art. IV of

  2  the Constitution of Florida, and as otherwise authorized by

  3  the Legislature by the adoption of rules, regulations, and

  4  orders in accordance with chapter 120.

  5         Section 18.  Section 372.05, Florida Statutes, is

  6  amended to read:

  7         372.05  Duties of executive director.--The executive

  8  director of the Fish and Wildlife Conservation Commission

  9  shall:

10         (1)  Keep full and correct minutes of the proceedings

11  of said commission at its meetings, which minutes shall be

12  open for public inspection.

13         (2)  Purchase such supplies and employ such help and

14  assistants as may be reasonably necessary in the performance

15  of the executive director's duties.

16         (3)  Have full authority to represent the commission in

17  its dealings with other state departments, county

18  commissioners, and the federal government.

19         (4)  Submit to the commission at each of its meetings a

20  report of all the executive director's actions and doings as

21  official representative of the commission.

22         (5)  Visit each county in the state at least once each

23  year and oftener if it appears to the director to be

24  necessary.

25         (5)(6)  Appoint, fix salaries of, and at pleasure

26  remove, subject to the approval of the commission, assistants

27  and other employees who shall have such powers and duties as

28  may be assigned to them by the commission or executive

29  director.

30         (6)(7)  Have such other powers and duties as may be

31  prescribed by the commission in pursuance of its duties under

                                  27

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  s. 9, Art. IV of the State Constitution.

  2         Section 19.  Section 372.07, Florida Statutes, is

  3  amended to read:

  4         372.07  Police powers of commission and its agents.--

  5         (1)  The Fish and Wildlife Conservation Commission, the

  6  executive director and the executive director's assistants

  7  designated by her or him, and each wildlife officer are

  8  constituted peace officers with the power to make arrests for

  9  violations of the laws of this state when committed in the

10  presence of the officer or when committed on lands under the

11  supervision and management of the commission.  The general

12  laws applicable to arrests by peace officers of this state

13  shall also be applicable to said director, assistants, and

14  wildlife officers. Such persons may enter upon any land or

15  waters of the state for performance of their lawful duties and

16  may take with them any necessary equipment, and such entry

17  shall not constitute a trespass.

18         (2)  Such Said officers shall have power and authority

19  to enforce throughout the state all laws relating to game,

20  nongame birds, freshwater fish, and fur-bearing animals and

21  all rules and regulations of the Fish and Wildlife

22  Conservation Commission relating to wild animal life, marine

23  life, and freshwater aquatic life, and in connection with said

24  laws, rules, and regulations, in the enforcement thereof and

25  in the performance of their duties thereunder, to:

26         (a)  Go upon all premises, posted or otherwise;

27         (b)  Execute warrants and search warrants for the

28  violation of said laws;

29         (c)  Serve subpoenas issued for the examination,

30  investigation, and trial of all offenses against said laws;

31         (d)  Carry firearms or other weapons, concealed or

                                  28

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  otherwise, in the performance of their duties;

  2         (e)  Arrest upon probable cause without warrant any

  3  person found in the act of violating any of the provisions of

  4  said laws or, in pursuit immediately following such

  5  violations, to examine any person, boat, conveyance, vehicle,

  6  game bag, game coat, or other receptacle for wild animal life,

  7  marine life, or freshwater aquatic life, or any camp, tent,

  8  cabin, or roster, in the presence of any person stopping at or

  9  belonging to such camp, tent, cabin, or roster, when said

10  officer has reason to believe, and has exhibited her or his

11  authority and stated to the suspected person in charge the

12  officer's reason for believing, that any of the aforesaid laws

13  have been violated at such camp;

14         (f)  Secure and execute search warrants and in

15  pursuance thereof to enter any building, enclosure, or car and

16  to break open, when found necessary, any apartment, chest,

17  locker, box, trunk, crate, basket, bag, package, or container

18  and examine the contents thereof;

19         (g)  Seize and take possession of all wild animal life,

20  marine life, or freshwater aquatic life taken or in possession

21  or under control of, or shipped or about to be shipped by, any

22  person at any time in any manner contrary to said laws.

23         (3)  It is unlawful for any person to resist an arrest

24  authorized by this section or in any manner to interfere,

25  either by abetting, assisting such resistance, or otherwise

26  interfering with said executive director, assistants, or

27  wildlife officers while engaged in the performance of the

28  duties imposed upon them by law or regulation of the Fish and

29  Wildlife Conservation Commission.

30         Section 20.  Section 372.121, Florida Statutes, is

31  amended to read:

                                  29

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         372.121  Control and management of state game lands.--

  2         (1)  The Fish and Wildlife Conservation Commission is

  3  authorized to make, adopt, promulgate, amend, repeal, and

  4  enforce all reasonable rules and regulations necessary for the

  5  protection, control, operation, management, or development of

  6  lands or waters owned by, leased by, or otherwise assigned to,

  7  the commission for fish or wildlife management purposes,

  8  including but not being limited to the right of ingress and

  9  egress.  Before any such rule or regulation is adopted, other

10  than one relating to wild animal life, marine life, or

11  freshwater aquatic life, the commission shall obtain the

12  consent and agreement, in writing, of the owner, in the case

13  of privately owned lands or waters, or the owner or primary

14  custodian, in the case of public lands or waters.

15         (2)  Any person violating or otherwise failing to

16  comply with any rule or regulation so adopted commits is

17  guilty of a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         Section 21.  Subsection (1) of section 372.991, Florida

20  Statutes, is amended to read:

21         372.991  Nongame Wildlife Trust Fund.--

22         (1)  The Legislature recognizes the value of

23  maintaining ecologically healthy and stable populations of a

24  wide diversity of fish and wildlife species and recognizes the

25  need for monitoring, research, management, and public

26  awareness of all wildlife species in order to guarantee that

27  self-sustaining populations be conserved.  The Legislature

28  further recognizes that research and management for game

29  species traditionally have been supported by licenses and fees

30  collected by the Fish and Wildlife Conservation Game and Fresh

31  Water Fish Commission for consumptive uses of wildlife and

                                  30

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  that no such support mechanism is available for species not

  2  commonly pursued for sport or profit.  It is the intent of the

  3  Legislature that the funds provided herein be spent to

  4  identify and meet the needs of nongame wildlife as a first

  5  priority with the ultimate goal of establishing an integrated

  6  approach to the management and conservation of all native

  7  fish, wildlife, and plants.

  8         Section 22.  Subsections (6) and (12) of section

  9  373.4149, Florida Statutes, are amended to read:

10         373.4149  Miami-Dade County Lake Belt Plan.--

11         (6)  The Miami-Dade County Lake Belt Plan

12  Implementation Committee shall be appointed by the governing

13  board of the South Florida Water Management District to

14  develop a strategy for the design and implementation of the

15  Miami-Dade County Lake Belt Plan. The committee shall consist

16  of the chair of the governing board of the South Florida Water

17  Management District, who shall serve as chair of the

18  committee, the policy director of Environmental and Growth

19  Management in the office of the Governor, the secretary of the

20  Department of Environmental Protection, the director of the

21  Division of Water Facilities or its successor division within

22  the Department of Environmental Protection, the director of

23  the Office of Tourism, Trade, and Economic Development within

24  the office of the Governor, the secretary of the Department of

25  Community Affairs, the executive director of the Fish and

26  Wildlife Conservation Game and Freshwater Fish Commission, the

27  director of the Department of Environmental Resource

28  Management of Miami-Dade County, the director of the

29  Miami-Dade County Water and Sewer Department, the Director of

30  Planning in Miami-Dade County, a representative of the Friends

31  of the Everglades, a representative of the Florida Audubon

                                  31

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Society, a representative of the Florida chapter of the Sierra

  2  Club, four representatives of the nonmining private landowners

  3  within the Miami-Dade County Lake Belt Area, and four

  4  representatives from the limestone mining industry to be

  5  appointed by the governing board of the South Florida Water

  6  Management District. Two ex officio seats on the committee

  7  will be filled by one member of the Florida House of

  8  Representatives to be selected by the Speaker of the House of

  9  Representatives from among representatives whose districts, or

10  some portion of whose districts, are included within the

11  geographical scope of the committee as described in subsection

12  (3), and one member of the Florida Senate to be selected by

13  the President of the Senate from among senators whose

14  districts, or some portion of whose districts, are included

15  within the geographical scope of the committee as described in

16  subsection (3).  The committee may appoint other ex officio

17  members, as needed, by a majority vote of all committee

18  members.  A committee member may designate in writing an

19  alternate member who, in the member's absence, may participate

20  and vote in committee meetings.

21         (12)  The secretary of the Department of Environmental

22  Protection, the secretary of the Department of Community

23  Affairs, the secretary of the Department of Transportation,

24  the Commissioner of Agriculture, the executive director of the

25  Fish and Wildlife Conservation Game and Freshwater Fish

26  Commission, and the executive director of the South Florida

27  Water Management District may enter into agreements with

28  landowners, developers, businesses, industries, individuals,

29  and governmental agencies as necessary to effectuate the

30  provisions of this section.

31         Section 23.  Paragraph (b) of subsection (6) of section

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  373.41492, Florida Statutes, is amended to read:

  2         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

  3  mitigation for mining activities within the Miami-Dade County

  4  Lake Belt.--

  5         (6)

  6         (b)  Expenditures must be approved by an interagency

  7  committee consisting of representatives from each of the

  8  following:  the Miami-Dade County Department of Environmental

  9  Resource Management, the Department of Environmental

10  Protection, the South Florida Water Management District, and

11  the Fish and Wildlife Conservation Game and Fresh Water Fish

12  Commission. In addition, the limerock mining industry shall

13  select a representative to serve as a nonvoting member of the

14  interagency committee. At the discretion of the committee,

15  additional members may be added to represent federal

16  regulatory, environmental, and fish and wildlife agencies.

17         Section 24.  Subsection (3) of section 403.141, Florida

18  Statutes, is amended to read:

19         403.141  Civil liability; joint and several

20  liability.--

21         (3)  In assessing damages for fish killed, the value of

22  the fish is to be determined in accordance with a table of

23  values for individual categories of fish which shall be

24  promulgated by the department. At the time the table is

25  adopted, the department shall use utilize tables of values

26  established by the Department of Environmental Protection and

27  the Fish and Wildlife Conservation Game and Fresh Water Fish

28  Commission. The total number of fish killed may be estimated

29  by standard practices used in estimating fish population.

30         Section 25.  Paragraph (h) of subsection (12) of

31  section 403.707, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         403.707  Permits.--

  2         (12)  The department shall establish a separate

  3  category for solid waste management facilities which accept

  4  only construction and demolition debris for disposal or

  5  recycling.  The department shall establish a reasonable

  6  schedule for existing facilities to comply with this section

  7  to avoid undue hardship to such facilities.  However, a

  8  permitted solid waste disposal unit which receives a

  9  significant amount of waste prior to the compliance deadline

10  established in this schedule shall not be required to be

11  retrofitted with liners or leachate control systems.

12  Facilities accepting materials defined in s. 403.703(17)(b)

13  must implement a groundwater monitoring system adequate to

14  detect contaminants that may reasonably be expected to result

15  from such disposal prior to the acceptance of those materials.

16         (h)  The department shall ensure that the requirements

17  of this section are applied and interpreted consistently

18  throughout the state.  In accordance with s. 20.255 s.

19  20.255(6), the Division of Waste Management shall direct the

20  district offices and bureaus on matters relating to the

21  interpretation and applicability of this section.

22         Section 26.  Paragraph (b) of subsection (1) of section

23  570.235, Florida Statutes, is amended to read:

24         570.235  Pest Exclusion Advisory Committee.--

25         (1)  There is created within the department a Pest

26  Exclusion Advisory Committee. The advisory committee shall be

27  composed of 24 members.

28         (b)  In addition, the committee shall be composed of

29  the following 7 members:

30         1.  Two members representing and appointed by the

31  Animal and Plant Health Inspection Service, United States

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Department of Agriculture.

  2         2.  One member representing and appointed by the

  3  Florida Department of Health.

  4         3.  One member representing and appointed by the

  5  Florida Department of Environmental Protection.

  6         4.  One member representing and appointed by the Fish

  7  and Wildlife Conservation Florida Game and Fresh Water Fish

  8  Commission.

  9         5.  One member appointed by the Speaker of the House of

10  Representatives.

11         6.  One member appointed by the President of the

12  Senate.

13         Section 27.  Paragraph (e) of subsection (7) of section

14  590.02, Florida Statutes, is amended to read:

15         590.02  Division powers, authority, and duties;

16  liability; building structures; Florida Center for Wildfire

17  and Forest Resources Management Training.--

18         (7)  The division may organize, staff, equip, and

19  operate the Florida Center for Wildfire and Forest Resources

20  Management Training. The center shall serve as a site where

21  fire and forest resource managers can obtain current

22  knowledge, techniques, skills, and theory as they relate to

23  their respective disciplines.

24         (e)  An advisory committee consisting of the following

25  individuals or their designees must review program curriculum,

26  course content, and scheduling: the Director of the Florida

27  Division of Forestry; the Assistant Director of the Florida

28  Division of Forestry; the Director of the School of Forest

29  Resources and Conservation of the University of Florida; the

30  Director of the Division of Recreation and Parks of the

31  Department of Environmental Protection; the Director of the

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Division of the State Fire Marshal; the Director of the

  2  Florida Chapter of The Nature Conservancy; the Executive Vice

  3  President of the Florida Forestry Association; the President

  4  of the Florida Farm Bureau Federation; the Executive Director

  5  of the Fish and Wildlife Conservation Florida Game and Fresh

  6  Water Fish Commission; the Executive Director of a Water

  7  Management District as appointed by the Commissioner of

  8  Agriculture; the Supervisor of the National Forests in

  9  Florida; the President of the Florida Fire Chief's

10  Association; and the Executive Director of the Tall Timbers

11  Research Station.

12         Section 28.  Subsection (3) of section 705.101, Florida

13  Statutes, is amended to read:

14         705.101  Definitions.--As used in this chapter:

15         (3)  "Abandoned property" means all tangible personal

16  property that which does not have an identifiable owner and

17  that which has been disposed on public property in a wrecked,

18  inoperative, or partially dismantled condition or which has no

19  apparent intrinsic value to the rightful owner. However,

20  vessels determined to be derelict by the Fish and Wildlife

21  Conservation Commission Department of Environmental Protection

22  or a county or municipality in accordance with the provisions

23  of s. 823.11 are shall not be included within in this

24  definition.

25         Section 29.  Subsections (2) and (4) of section

26  705.103, Florida Statutes, are amended to read:

27         705.103  Procedure for abandoned or lost property.--

28         (2)  Whenever a law enforcement officer ascertains that

29  an article of lost or abandoned property is present on public

30  property and is of such nature that it cannot be easily

31  removed, the officer shall cause a notice to be placed upon

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  such article in substantially the following form:

  2

  3  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED

  4  PROPERTY. This property, to wit: ...(setting forth brief

  5  description)... is unlawfully upon public property known as

  6  ...(setting forth brief description of location)... and must

  7  be removed within 5 days; otherwise, it will be removed and

  8  disposed of pursuant to chapter 705, Florida Statutes. The

  9  owner will be liable for the costs of removal, storage, and

10  publication of notice. Dated this: ...(setting forth the date

11  of posting of notice)..., signed: ...(setting forth name,

12  title, address, and telephone number of law enforcement

13  officer)....

14

15  Such notice shall be not less than 8 inches by 10 inches and

16  shall be sufficiently weatherproof to withstand normal

17  exposure to the elements. In addition to posting, the law

18  enforcement officer shall make a reasonable effort to

19  ascertain the name and address of the owner. If such is

20  reasonably available to the officer, she or he shall mail a

21  copy of such notice to the owner on or before the date of

22  posting. If the property is a motor vehicle as defined in s.

23  320.01(1) or a vessel as defined in s. 327.02, the law

24  enforcement agency shall contact the Department of Highway

25  Safety and Motor Vehicles or the Department of Environmental

26  Protection, respectively, in order to determine the name and

27  address of the owner and any person who has filed a lien on

28  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.

29  328.15(1). On receipt of this information, the law enforcement

30  agency shall mail a copy of the notice by certified mail,

31  return receipt requested, to the owner and to the lienholder,

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  if any. If, at the end of 5 days after posting the notice and

  2  mailing such notice, if required, the owner or any person

  3  interested in the lost or abandoned article or articles

  4  described has not removed the article or articles from public

  5  property or shown reasonable cause for failure to do so, the

  6  following shall apply:

  7         (a)  For abandoned property, the law enforcement agency

  8  may retain any or all of the property for its own use or for

  9  use by the state or unit of local government, trade such

10  property to another unit of local government or state agency,

11  donate the property to a charitable organization, sell the

12  property, or notify the appropriate refuse removal service.

13         (b)  For lost property, the officer shall take custody

14  and the agency shall retain custody of the property for 90

15  days. The agency shall publish notice of the intended

16  disposition of the property, as provided in this section,

17  during the first 45 days of this time period.

18         1.  If the agency elects to retain the property for use

19  by the unit of government, donate the property to a charitable

20  organization, surrender such property to the finder, sell the

21  property, or trade the property to another unit of local

22  government or state agency, notice of such election shall be

23  given by an advertisement published once a week for 2

24  consecutive weeks in a newspaper of general circulation in the

25  county where the property was found if the value of the

26  property is more than $100. If the value of the property is

27  $100 or less, notice shall be given by posting a description

28  of the property at the law enforcement agency where the

29  property was turned in. The notice must be posted for not less

30  than 2 consecutive weeks in a public place designated by the

31  law enforcement agency. The notice must describe the property

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  in a manner reasonably adequate to permit the rightful owner

  2  of the property to claim it.

  3         2.  If the agency elects to sell the property, it must

  4  do so at public sale by competitive bidding. Notice of the

  5  time and place of the sale shall be given by an advertisement

  6  of the sale published once a week for 2 consecutive weeks in a

  7  newspaper of general circulation in the county where the sale

  8  is to be held. The notice shall include a statement that the

  9  sale shall be subject to any and all liens. The sale must be

10  held at the nearest suitable place to that where the lost or

11  abandoned property is held or stored. The advertisement must

12  include a description of the goods and the time and place of

13  the sale. The sale may take place no earlier than 10 days

14  after the final publication. If there is no newspaper of

15  general circulation in the county where the sale is to be

16  held, the advertisement shall be posted at the door of the

17  courthouse and at three other public places in the county at

18  least 10 days prior to sale. Notice of the agency's intended

19  disposition shall describe the property in a manner reasonably

20  adequate to permit the rightful owner of the property to

21  identify it.

22         (4)  The owner of any abandoned or lost property who,

23  after notice as provided in this section, does not remove such

24  property within the specified period shall be liable to the

25  law enforcement agency for all costs of removal, storage, and

26  destruction of such property, less any salvage value obtained

27  by disposal of the property. Upon final disposition of the

28  property, the law enforcement officer shall notify the owner,

29  if known, of the amount owed. In the case of an abandoned boat

30  or motor vehicle, any person who neglects or refuses to pay

31  such amount is not entitled to be issued a certificate of

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  registration for such boat or motor vehicle, or any other boat

  2  or motor vehicle, until such costs have been paid. The law

  3  enforcement officer shall supply the Department of Highway

  4  Safety and Motor Vehicles Environmental Protection with a list

  5  of persons whose boat registration privileges or have been

  6  revoked under this subsection and the Department of Motor

  7  Vehicles with a list of persons whose motor vehicle privileges

  8  have been revoked under this subsection. Neither the

  9  department nor any other person acting as agent thereof shall

10  issue a certificate of registration to a person whose boat or

11  motor vehicle registration privileges have been revoked, as

12  provided by this subsection, until such costs have been paid.

13         Section 30.  Subsection (1) of section 832.06, Florida

14  Statutes, is amended to read:

15         832.06  Prosecution for worthless checks given tax

16  collector for licenses or taxes; refunds.--

17         (1)  Whenever any person, firm, or corporation violates

18  the provisions of s. 832.05 by drawing, making, uttering,

19  issuing, or delivering to any county tax collector any check,

20  draft, or other written order on any bank or depository for

21  the payment of money or its equivalent for any tag, title,

22  lien, tax (except ad valorem taxes), penalty, or fee relative

23  to a boat, airplane, motor vehicle, driver license, or

24  identification card; any occupational license, beverage

25  license, or sales or use tax; or any hunting or fishing

26  license, the county tax collector, after the exercise of due

27  diligence to locate the person, firm, or corporation which

28  drew, made, uttered, issued, or delivered the check, draft, or

29  other written order for the payment of money, or to collect

30  the same by the exercise of due diligence and prudence, shall

31  swear out a complaint in the proper court against the person,

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  firm, or corporation for the issuance of the worthless check

  2  or draft. If the state attorney cannot sign the information

  3  due to lack of proof, as determined by the state attorney in

  4  good faith, for a prima facie case in court, he or she shall

  5  issue a certificate so stating to the tax collector. If

  6  payment of the dishonored check, draft, or other written

  7  order, together with court costs expended, is not received in

  8  full by the county tax collector within 30 days after service

  9  of the warrant, 30 days after conviction, or 60 days after the

10  collector swears out the complaint or receives the certificate

11  of the state attorney, whichever is first, the county tax

12  collector shall make a written report to this effect to the

13  Department of Highway Safety and Motor Vehicles relative to

14  motor vehicles and vessels, to the Department of Revenue

15  relative to occupational licenses and the sales and use tax,

16  to the Division of Alcoholic Beverages and Tobacco of the

17  Department of Business and Professional Regulation relative to

18  beverage licenses, or to the Fish and Wildlife Conservation

19  Game and Fresh Water Fish Commission relative to hunting and

20  fishing licenses, containing a statement of the amount

21  remaining unpaid on the worthless check or draft. If the

22  information is not signed, the certificate of the state

23  attorney is issued, and the written report of the amount

24  remaining unpaid is made, the county tax collector may request

25  the sum be forthwith refunded by the appropriate governmental

26  entity, agency, or department. If a warrant has been issued

27  and served, he or she shall certify to that effect, together

28  with the court costs and amount remaining unpaid on the check.

29  The county tax collector may request that the sum of money

30  certified by him or her be forthwith refunded by the

31  Department of Highway Safety and Motor Vehicles, the

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Department of Revenue, the Division of Alcoholic Beverages and

  2  Tobacco of the Department of Business and Professional

  3  Regulation, or the Fish and Wildlife Conservation Game and

  4  Fresh Water Fish Commission to the county tax collector.

  5  Within 30 days after receipt of the request, the Department of

  6  Highway Safety and Motor Vehicles, the Department of Revenue,

  7  the Division of Alcoholic Beverages and Tobacco of the

  8  Department of Business and Professional Regulation, or the

  9  Fish and Wildlife Conservation Game and Fresh Water Fish

10  Commission, upon being satisfied as to the correctness of the

11  certificate of the tax collector, or the report, shall refund

12  to the county tax collector the sums of money so certified or

13  reported. If any officer of any court issuing the warrant is

14  unable to serve it within 60 days after the issuance and

15  delivery of it to the officer for service, the officer shall

16  make a written return to the county tax collector to this

17  effect. Thereafter, the county tax collector may certify that

18  the warrant has been issued and that service has not been had

19  upon the defendant and further certify the amount of the

20  worthless check or draft and the amount of court costs

21  expended by the county tax collector, and the county tax

22  collector may file the certificate with the Department of

23  Highway Safety and Motor Vehicles relative to motor vehicles

24  and vessels, with the Department of Revenue relative to

25  occupational licenses and the sales and use tax, with the

26  Division of Alcoholic Beverages and Tobacco of the Department

27  of Business and Professional Regulation relative to beverage

28  licenses, or with the Fish and Wildlife Conservation Game and

29  Fresh Water Fish Commission relative to hunting and fishing

30  licenses, together with a request that the sums of money so

31  certified be forthwith refunded by the Department of Highway

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  Safety and Motor Vehicles, the Department of Revenue, the

  2  Division of Alcoholic Beverages and Tobacco of the Department

  3  of Business and Professional Regulation, or the Fish and

  4  Wildlife Conservation Game and Fresh Water Fish Commission to

  5  the county tax collector, and within 30 days after receipt of

  6  the request, the Department of Highway Safety and Motor

  7  Vehicles, the Department of Revenue, the Division of Alcoholic

  8  Beverages and Tobacco of the Department of Business and

  9  Professional Regulation, or the Fish and Wildlife Conservation

10  Game and Fresh Water Fish Commission, upon being satisfied as

11  to the correctness of the certificate, shall refund the sums

12  of money so certified to the county tax collector.

13         (2)  The provisions of this act shall be liberally

14  construed in order to effectively carry out the purposes of

15  this act in the interest of the public.

16         Section 31.  Paragraph (h) of subsection (1) of section

17  260.016, Florida Statutes, is created to read:

18         260.016  General powers of the department.--

19         (1)  The department may:

20         (h)  Receive or accept from any legal source, grants

21  for the purpose of providing or improving public greenways and

22  trails, and the department is authorized to disburse funds as

23  pass-through grants to federal, state, or local government

24  agencies, recognized tribal units, or to nonprofit entities

25  created for this purpose. The department has authority to

26  adopt rules pursuant to s. 120.536(1) and 120.54 to implement

27  the provisions of this subsection. Such rules shall provide,

28  but are not limited to, the following:  procedures for grant

29  administration and accountability; eligibility, selection

30  criteria; maximum grant amounts and number of pending grants;

31  dedication requirements; and conversion procedures and

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1  requirements.

  2         Section 32.  Subsection (1) of section 375.075, Florida

  3  Statutes, is amended to read:

  4         375.075  Outdoor recreation; financial assistance to

  5  local governments.--

  6         (1)  The Department of Environmental Protection is

  7  authorized, pursuant to s. 370.023, to establish the Florida

  8  Recreation Development Assistance Program to provide grants to

  9  qualified local governmental entities to acquire or develop

10  land for public outdoor recreation purposes. To the extent not

11  needed for debt service on bonds issued pursuant to s.

12  375.051, each fiscal year through fiscal year 2000-2001, the

13  department shall develop and plan a program which shall be

14  based upon funding of not less than 5 percent of the money

15  credited to the Land Acquisition Trust Fund pursuant to s.

16  201.15(2) and (3) in that year. Beginning fiscal year

17  2001-2002, the department shall develop and plan a program

18  which shall be based upon funding provided from the Florida

19  Forever Trust Fund pursuant to s. 259.105(3)(c).

20         Section 33.  Sections 370.013, 370.017, 370.032,

21  370.033, 370.034, 370.036, 370.037, 370.038, 370.0606,

22  370.0805, 372.04, 372.061, 373.197, and 403.261, Florida

23  Statutes, and subsection (6) of section 370.021, and

24  subsection (12) of section 370.14, Florida Statutes, are

25  repealed.

26         Section 34.  This act shall take effect upon becoming a

27  law.

28

29

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

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         On page ,

  2  remove from the title of the bill:

  3

  4  and insert in lieu thereof:

  5         An act relating to environmental

  6         reorganization; amending s. 20.255, F.S.;

  7         providing for the divisions and special offices

  8         in the Department of Environmental Protection;

  9         deleting outdated provisions relating to review

10         of orders and rules in effect before 1994;

11         transferring and renumbering s. 370.0205, F.S.;

12         providing requirements for citizen support

13         organizations for the Department of

14         Environmental Protection; amending s. 20.331,

15         F.S.; providing requirements for the Fish and

16         Wildlife Conservation Commission when adopting

17         rules; amending ss. 161.031, 161.36, F.S.;

18         authorizing the Department of Environmental

19         Protection to retain specific powers; amending

20         s. 212.08, F.S.; correcting a cross-reference;

21         amending s. 259.101, F.S.; providing for the

22         receipt of funds by the Fish and Wildlife

23         Conservation Commission; amending s. 288.109,

24         F.S.; identifying agencies participating in the

25         one-stop permitting system; amending s.

26         370.021, F.S.; providing penalties for

27         violation of rules relating to marine

28         resources; transferring and renumbering s.

29         370.041, F.S., as s. 161.242, F.S.; amending s.

30         370.07, F.S.; transferring specific regulatory

31         powers from the Department of Environmental

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    File original & 9 copies    05/03/00
    hwr0003                     08:32 pm         00186-0066-021283




                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         Protection to the Fish and Wildlife

  2         Conservation Commission and the Department of

  3         Agriculture and Consumer Services; amending s.

  4         370.101, F.S.; providing for certain saltwater

  5         fish regulations to be established by the Fish

  6         and Wildlife Conservation Commission; amending

  7         s. 370.11, F.S.; providing for issuance of

  8         permits by the Fish and Wildlife Conservation

  9         Commission; amending s. 370.1107, F.S.;

10         clarifying the meaning of the term "licensed

11         saltwater fisheries trap"; amending s.

12         370.1405, F.S.; providing for reports on

13         crawfish by dealers; amending s. 372.021, F.S.;

14         prescribing powers and duties of the Fish and

15         Wildlife Conservation Commission; amending s.

16         372.05, F.S.; prescribing duties of the

17         executive director of the commission; amending

18         s. 372.07, F.S.; prescribing police powers of

19         the executive director of the commission;

20         amending s. 372.105, F.S.; clarifying the

21         regulation of saltwater life; revising the

22         deposit of specified funds; amending s.

23         372.121, F.S.; providing for management of

24         certain lands; amending ss. 372.991, 373.4149,

25         373.41492, 403.141, 570.235, 590.02, F.S.;

26         conforming references to the Fish and Wildlife

27         Conservation Commission; amending s. 403.707,

28         F.S.; conforming a statutory cross-reference;

29         amending s. 705.101, F.S.; transferring

30         specific authority over derelict vessels from

31         the Department of Environmental Protection to

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    File original & 9 copies    05/03/00
    hwr0003                     08:32 pm         00186-0066-021283




                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         the Fish and Wildlife Conservation Commission;

  2         amending s. 705.103, F.S.; removing authority

  3         over abandoned vessels from the Department of

  4         Environmental Protection; amending s. 832.06,

  5         F.S.; conforming references to the Fish and

  6         Wildlife Conservation Commission; repealing s.

  7         370.013, F.S., relating to the Department of

  8         Environmental Protection; repealing s. 370.017,

  9         F.S., relating to the responsibilities of the

10         secretary of the Department of Environmental

11         Protection; repealing s. 370.032, F.S.,

12         relating to definitions; repealing s. 370.033,

13         F.S., relating to legislative intent; repealing

14         s. 370.034, F.S., relating to certificates for

15         dredge and fill equipment; repealing s.

16         370.036, F.S., relating to the maintenance of

17         records regarding dredge and fill equipment;

18         repealing s. 370.037, F.S., relating to the

19         denial, suspension, or revocation of dredge and

20         fill certificates; amending s. 260.016, F.S.;

21         authorizing the Department of Environmental

22         Protection to receive grants for improving

23         greenways and trails and to adopt rules for the

24         administering pass-through grants; amending s.

25         375.075, F.S.; correcting a cross-reference;

26         repealing s. 370.038, F.S., relating to the

27         adoption of specified rules; repealing s.

28         370.0606, F.S., relating to appointment of

29         subagents for sale of saltwater licenses and

30         permits; repealing s. 370.0805, F.S.; relating

31         to the net ban assistance program; repealing s.

                                  47

    File original & 9 copies    05/03/00
    hwr0003                     08:32 pm         00186-0066-021283




                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 186, 1st Eng.

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





  1         372.04, F.S., relating to the director of the

  2         commission; repealing s. 372.061, F.S.,

  3         relating to meetings of the Game and Fresh

  4         Water Fish Commission; repealing s. 373.197,

  5         F.S., relating to the Kissimmee River Valley

  6         and Taylor Creek-Nubbins Slough Basin

  7         restoration project; repealing s. 403.261,

  8         F.S., relating to the repeal of rulemaking

  9         jurisdiction over air and water pollution;

10         repealing s. 370.021(6), F.S., relating to

11         admissibility of rules; repealing s.

12         370.14(12), F.S., relating to the naming of a

13         sport season for spiny lobsters; providing an

14         effective date.

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    File original & 9 copies    05/03/00
    hwr0003                     08:32 pm         00186-0066-021283