Senate Bill 0186

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    Florida Senate - 2000                                   SB 186

    By the Committee on Natural Resources





    312-125A-00

  1                      A bill to be entitled

  2         An act relating to environmental

  3         reorganization; amending ss. 161.031, 161.36,

  4         F.S.; authorizing the Department of

  5         Environmental Protection to retain specific

  6         powers; amending s. 327.04, F.S.; providing

  7         rulemaking authority to the Fish and Wildlife

  8         Conservation Commission; amending s. 327.41,

  9         F.S.; providing for the issuance of permits by

10         the Fish and Wildlife Conservation Commission;

11         amending s. 370.07, F.S.; transferring specific

12         regulatory powers from the Department of

13         Environmental Protection to the Fish and

14         Wildlife Conservation Commission and the

15         Department of Agriculture and Consumer

16         Services; providing for the deposit of certain

17         funds in the General Inspection Trust Fund of

18         the Department of Agriculture and Consumer

19         Services; deleting the authority of the

20         Department of Revenue to adopt emergency rules

21         for the Apalachicola Bay Oyster Surcharge;

22         amending s. 370.11, F.S.; providing for

23         issuance of permits by the Fish and Wildlife

24         Conservation Commission; amending s. 370.1107,

25         F.S.; clarifying the meaning of the term

26         "licensed saltwater fisheries trap"; amending

27         s. 370.25, F.S.; transferring responsibilities

28         for the artificial reef program to the Fish and

29         Wildlife Conservation Commission; amending s.

30         597.004, F.S.; transferring aquaculture

31         shellfish handling regulations from the

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  1         Department of Environmental Protection to the

  2         Department of Agriculture and Consumer

  3         Services; amending s. 705.101, F.S.;

  4         transferring specific authority over derelict

  5         vessels from the Department of Environmental

  6         Protection to the Fish and Wildlife

  7         Conservation Commission; amending s. 705.103,

  8         F.S.; removing authority over abandoned vessels

  9         from the Department of Environmental

10         Protection; repealing s. 370.0205, F.S.,

11         relating to citizen support organizations;

12         repealing s. 370.027, F.S., relating to

13         rulemaking authority of the Marine Fisheries

14         Commission; repealing s. 372.021, F.S.,

15         relating to powers and duties of the Game and

16         Fresh Water Fish Commission; repealing s.

17         372.061, F.S., relating to meetings of the Game

18         and Fresh Water Fish Commission; repealing ss.

19         373.1965, 373.197, F.S., relating to the

20         Kissimmee River Valley and Taylor Creek-Nubbins

21         Slough Basin restoration project; repealing s.

22         403.261, F.S., relating to the repeal of

23         rulemaking jurisdiction over air and water

24         pollution; repealing s. 370.021(6), F.S.,

25         relating to admissibility of rules; repealing

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

27         a 2-day sport season for spiny lobsters;

28         providing an effective date.

29

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

31

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  1         Section 1.  Section 161.031, Florida Statutes, is

  2  amended to read:

  3         161.031  Personnel and facilities.--The Department of

  4  Environmental Protection may call to its assistance

  5  temporarily, any engineer or other employee in any state

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

  7  educational institution financed wholly or in part by the

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

  9  economical method of averting and preventing erosion,

10  hurricane, and storm damages. These employees shall not

11  receive additional compensation, except for actual necessary

12  expenses incurred while working under the direction of the

13  department Division of Marine Resources.

14         Section 2.  Section 161.36, Florida Statutes, is

15  amended to read:

16         161.36  General powers of authority.--In order to most

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

18  county commissioners, as the county beach and shore

19  preservation authority and as the governing body of each beach

20  and shore preservation district established thereby, shall be

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

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

23  nothing herein shall diminish or impair the regulatory

24  authority of the Department of Environmental Protection or

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

26  the Board of Trustees of the Internal Improvement Trust Fund

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

28  not be limited to, the following:

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

30         (2)  To sue and be sued;

31

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

  2  lawful means;

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

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

  5  making surveys, soundings, drillings and examinations, and

  6  such entry shall not be deemed a trespass;

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

  8  and facilities;

  9         (7)  To make rules and regulations; and

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

11  implied in this part.

12         Section 3.  Section 327.04, Florida Statutes, is

13  amended to read:

14         327.04  Rules.--The Fish and Wildlife Conservation

15  Commission department has authority to adopt rules pursuant to

16  ss. 120.536(1) and 120.54 to administer implement the

17  provisions of this chapter conferring powers or duties upon

18  it.

19         Section 4.  Subsections (3) and (4) of section 327.41,

20  Florida Statutes, are amended to read:

21         327.41  Uniform waterway regulatory markers.--

22         (3)  Application for placing regulatory markers on the

23  Florida Intracoastal Waterway shall be made to the Fish and

24  Wildlife Conservation Commission Division of Marine Resources,

25  accompanied by a map locating the approximate placement of the

26  markers, a statement of the specification of the markers, a

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

28  city or county responsible for the placement and upkeep of the

29  markers.

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

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

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  1  or over the Florida Intracoastal Waterway without a permit

  2  from the Fish and Wildlife Conservation Commission Division of

  3  Marine Resources.

  4         Section 5.  Section 370.07, Florida Statutes, is

  5  amended to read:

  6         370.07  Wholesale and retail saltwater products

  7  dealers; regulation.--

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

  9  or privilege taxes are hereby levied and imposed upon dealers

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

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

12  without first paying for and procuring the license required by

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

14  the Fish and Wildlife Conservation Commission Department of

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

16  licenses shall be issued by the commission department upon

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

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

19  or corporation which sells saltwater products to any person,

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

21  saltwater products in the county designated on the wholesale

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

23  from any licensed wholesale dealer.

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

25  corporation which sells saltwater products to any person,

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

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

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

29  wholesale dealer.

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

31  dealer.

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

  2  corporation which sells saltwater products directly to the

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

  4  merchandise who deals in or sells saltwater products consumed

  5  on the premises or prepared for immediate consumption and sold

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

  7  Hotels and Restaurants of the Department of Business and

  8  Professional Regulation.

  9

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

11  dealer and a retail dealer shall obtain both a wholesale

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

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

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

15  that the wholesale dealer supplies to the commission

16  department a complete list of additional places of business

17  upon application for the annual license tax.

18         (2)  LICENSES; AMOUNT, TRUST FUND.--

19         (a)  A resident wholesale county seafood dealer is

20  required to pay an annual license tax of $300.

21         (b)  A resident wholesale state dealer is required to

22  pay an annual license tax of $450.

23         (c)  A nonresident wholesale county dealer is required

24  to pay an annual license tax of $500.

25         (d)  A nonresident wholesale state dealer is required

26  to pay an annual license tax of $1,000.

27         (e)  An alien wholesale county dealer is required to

28  pay an annual license tax of $1,000.

29         (f)  An alien wholesale state dealer is required to pay

30  an annual license tax of $1,500.

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  1         (g)  A resident retail dealer is required to pay an

  2  annual license tax of $25; however, if such a dealer has more

  3  than one place of business, the dealer shall designate one

  4  place of business as a central place of business, shall pay an

  5  annual license tax of $25 for such place of business, and

  6  shall pay an annual license tax of $10 for each other place of

  7  business.

  8         (h)  A nonresident retail dealer is required to pay an

  9  annual license tax of $200; however, if such a dealer has more

10  than one place of business, the dealer shall designate one

11  place of business as a central place of business, shall pay an

12  annual license tax of $200 for such place of business, and

13  shall pay an annual license tax of $25 for each other place of

14  business.

15         (i)  An alien retail dealer is required to pay an

16  annual license tax of $250; however, if such a dealer has more

17  than one place of business, the dealer shall designate one

18  place of business as a central place of business, shall pay an

19  annual license tax of $250 for such place of business, and

20  shall pay an annual license tax of $50 for each other place of

21  business.

22         (j)  License or privilege taxes, together with any

23  other funds derived from the Federal Government or from any

24  other source, shall be deposited in a Florida Saltwater

25  Products Promotion Trust Fund to be administered by the

26  Department of Agriculture and Consumer Services for the sole

27  purpose of promoting all fish and saltwater products produced

28  in this state.

29         (3)  APALACHICOLA BAY OYSTER SURCHARGE.--

30

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  1         (a)  For purposes of this section, "bag" means an

  2  amount of oysters with shells weighing approximately 60

  3  pounds.

  4         (b)  Effective October 1, 1989, there shall be assessed

  5  a surcharge of 50 cents on each bag of oysters to be paid by

  6  the wholesale dealer first receiving, using, or selling the

  7  oysters after harvesting from the waters of Apalachicola Bay.

  8         (c)1.  Each wholesale dealer shall certify, on such

  9  forms as may be prescribed by the Department of Revenue, to

10  any subsequent purchasing wholesale dealer or other purchaser

11  that the surcharge imposed by this subsection has been paid or

12  will be paid by such wholesale dealer first receiving the

13  oysters.

14         2.  In the case where the harvester is also the

15  wholesale dealer, such wholesale dealer shall maintain

16  documentation, on forms as may be prescribed by the Department

17  of Revenue, adequate to establish that the surcharge has been

18  paid or will be paid by such wholesale dealer.

19         3.  In such case where the wholesale dealer is also the

20  retail dealer under paragraph (1)(b), such wholesale dealer

21  shall maintain documentation, on forms as may be prescribed by

22  the Department of Revenue, adequate to establish that the

23  surcharge has been paid or will be paid by such wholesale

24  dealer.

25         (d)  Except for the collection allowance pursuant to s.

26  212.12 and estimated tax filing requirements pursuant to s.

27  212.11, the same duties and privileges imposed by chapter 212

28  upon dealers of tangible personal property respecting the

29  remission of the surcharge, the making of returns, penalties

30  and interest, the keeping of books, records and accounts, and

31  the compliance with the rules of the Department of Revenue in

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  1  the administration of chapter 212 shall apply and be binding

  2  upon all wholesale dealers who are subject to the surcharge

  3  imposed by this subsection.

  4         (e)  The Department of Revenue shall keep records

  5  showing the amount of the surcharge collected.

  6         (f)  The Department of Revenue shall collect the

  7  surcharge for transfer into the General Inspection Marine

  8  Resources Conservation Trust Fund of the Department of

  9  Agriculture and Consumer Services Department of Environmental

10  Protection.

11         (g)  The Department of Revenue is empowered to

12  promulgate rules, establish audit procedures for the audit of

13  wholesale dealers, assess for delinquency, and prescribe and

14  publish such forms as may be necessary to effectuate the

15  provisions of this subsection.

16         (h)  Annually, the Department of Agriculture and

17  Consumer Services Department of Environmental Protection shall

18  furnish the Department of Revenue with a current list of

19  wholesale dealers in the state.

20         (i)  Collections received by the Department of Revenue

21  from the surcharge shall be transferred quarterly to the

22  Department of Agriculture and Consumer Services General

23  Inspection Department of Environmental Protection Marine

24  Resources Conservation Trust Fund, less the costs of

25  administration.

26         (j)  The executive director of the Department of

27  Revenue is hereby authorized to adopt emergency rules pursuant

28  to s. 120.54(4) for purposes of implementing this subsection.

29  Notwithstanding any other provisions of law, such emergency

30  rules shall remain effective for 6 months from the date of

31  adoption. Other rules of the Department of Revenue related to

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  1  and in furtherance of the orderly implementation of this

  2  subsection shall not be subject to a s. 120.56(2) rule

  3  challenge or a s. 120.54(3)(c)2. drawout proceeding but, once

  4  adopted, shall be subject to a s. 120.56(3) invalidity

  5  challenge.  Such rules shall be adopted by the Governor and

  6  Cabinet and shall become effective upon filing with the

  7  Department of State, notwithstanding the provisions of s.

  8  120.54(3)(e)6.

  9         (j)(k)  The Department of Agriculture and Consumer

10  Services Department of Environmental Protection shall use or

11  distribute funds generated by this surcharge, less reasonable

12  costs of collection and administration, to fund the following

13  oyster management and restoration programs in Apalachicola

14  Bay:

15         1.  The relaying and transplanting of live oysters.

16         2.  Shell planting to construct or rehabilitate oyster

17  bars.

18         3.  Education programs for licensed oyster harvesters

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

20  sanitation, resource conservation, small business management,

21  and other relevant subjects.

22         4.  Research directed toward the enhancement of oyster

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

24  bay.

25         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

26         (a)  A person transporting in this state saltwater

27  products that were produced in this state, regardless of

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

29  bills of lading, or other similar instruments showing the

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

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

  2  Florida wholesale dealer number of the dealer of origin.

  3         (b)  A person transporting in this state saltwater

  4  products that were produced outside this state to be delivered

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

  6  possession invoices, bills of lading, or other similar

  7  instruments showing the number of packages, boxes, or

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

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

10  physical address, and Florida wholesale dealer number of the

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

12         (c)  A person transporting in this state saltwater

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

14  delivered to a destination outside this state shall have in

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

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

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

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

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

20  delivered.

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

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

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

24  other similar instruments showing the number of boxes or

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

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

27  display the wholesale dealer license number and the name and

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

29  the lot covered by the instrument.

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

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

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  1  delivering, shipping, or transporting, any saltwater products

  2  without all invoices of such products having thereon the

  3  wholesale dealer license number in such form as may be

  4  prescribed under the provisions of this subsection and the

  5  rules and regulations of the Fish and Wildlife Conservation

  6  Commission department. Any saltwater products found in the

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

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

  9  the manner provided by law.

10         (f)  Nothing contained in this subsection may be

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

12  saltwater products in an ordinary retail transaction by a

13  licensed retail dealer who has purchased such products from a

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

15  catch or products of a saltwater products licensee to a

16  Florida-licensed wholesale dealer.

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

18  to applicants who furnish to the commission department

19  satisfactory evidence of law-abiding reputation and who pledge

20  themselves to faithfully observe all of the laws and

21  regulations of this state relating to the conservation of,

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

23  saltwater products and to cooperate in the enforcement of all

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

25  included in the application for license.

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

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

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

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

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

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

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  1  and is not transferable.  The commission department may

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

  3  licensee:

  4         1.  Upon the conviction of the licensee of any

  5  violation of the laws or regulations designed for the

  6  conservation of saltwater products;

  7         2.  Upon conviction of the licensee of knowingly

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

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

10  in violation of the laws of this state; or

11         3.  Upon satisfactory evidence of any violation of the

12  laws or any regulations of this state designed for the

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

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

15  transporting, possession, or taking of saltwater products.

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

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

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

19  commission department.  After revocation, it is unlawful for

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

21  wholesale or retail dealer.

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

23  pursuant to this subsection, the commission department may

24  impose penalties pursuant to s. 370.021.

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

26         (a)  Wholesale dealers shall be required by the

27  commission department to make and preserve a record of the

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

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

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

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

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  1  preserve a record from whom all saltwater products are

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

  3  times by the commission department.  A report covering the

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

  5  as required by rule to the commission department by each

  6  wholesale dealer.  All reports required under this subsection

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

  8  119.07(1) except that, pursuant to authority related to

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

10  370.20(3), reports may be shared with another state if that

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

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

13  instrument agreeing to preserve confidentiality as established

14  by Florida law.

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

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

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

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

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

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

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

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

23  determined to have violated any provision of this paragraph or

24  any provisions of any commission department rules adopted

25  promulgated pursuant to s. 370.0607, the following additional

26  penalties:

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

28  $1,000;

29         2.  For a second violation committed within 24 months

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

31  and

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  1         3.  For a third or subsequent violation committed

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

  3  penalty of up to $5,000.

  4

  5  The proceeds of all civil penalties collected pursuant to this

  6  subsection shall be deposited into the Marine Resources

  7  Conservation Trust Fund and shall be used for administration,

  8  auditing, and law enforcement purposes.

  9         (7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

10  LOCATION.--Wholesale dealers purchasing saltwater products

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

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

13  must notify the Fish and Wildlife Conservation Commission

14  Division of Law Enforcement of the location of the temporary

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

16  such site.

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

18  unlawful for any licensed retail dealer or any restaurant

19  licensed by the Division of Hotels and Restaurants of the

20  Department of Business and Professional Regulation to buy

21  saltwater products from any person other than a licensed

22  wholesale or retail dealer.

23         Section 6.  Subsection (2) of section 370.11, Florida

24  Statutes, is amended to read:

25         370.11  Fish; regulation.--

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

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

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

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

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

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

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

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

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

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

  5  immediately returned uninjured to the water and released where

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

  7  knowingly receive for transportation or transport, within or

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

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

10  provided that any lawful established taxidermist, in the

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

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

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

14  however, satisfactory individual ownership of the fish so

15  moved or transported can be established by such taxidermist at

16  any time upon demand.  Common carriers shall accept for

17  shipment tarpon from a taxidermist when statement of

18  individual ownership involved accompanies bill of lading or

19  other papers controlling the shipment. The Fish and Wildlife

20  Conservation Commission Division of Marine Resources may, in

21  its discretion, upon application issue permits for the taking

22  and transporting of tarpon for scientific purposes.

23         Section 7.  Subsection (1) of section 370.1107, Florida

24  Statutes, is amended to read:

25         370.1107  Definition; possession of certain licensed

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

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

28  saltwater fisheries trap" means any trap required to be

29  licensed by the Fish and Wildlife Conservation Commission and

30  authorized pursuant to this chapter or by the commission for

31  the taking of saltwater products.

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  1         Section 8.  Section 370.25, Florida Statutes, is

  2  amended to read:

  3         370.25  Artificial fishing reef program; construction

  4  grants to local governments.--

  5         (1)  An artificial fishing reef program is created

  6  within the Fish and Wildlife Conservation Commission

  7  Department of Environmental Protection to enhance saltwater

  8  fishing opportunities and to promote proper management of

  9  fisheries resources associated with artificial reefs for the

10  public interest. Under the program, the commission department

11  shall provide grants and technical assistance to coastal local

12  governments and nonprofit organizations qualified under s.

13  501(c)(3) of the Internal Revenue Code for the siting and

14  development of saltwater artificial fishing reefs as well as

15  monitoring and evaluating their recreational, economic, and

16  biological effectiveness. The program may be funded from

17  state, federal, and private contributions.

18         (2)  The commission department may adopt by rule

19  procedures for submitting a grant application and criteria for

20  allocating available funds.  Such criteria shall include, but

21  not be limited to, the following:

22         (a)  The number of artificial fishing reefs and extent

23  of the natural reef community currently located in the general

24  vicinity;

25         (b)  The documented demand and public support for the

26  proposed reef;

27         (c)  The number of public and private access points to

28  the proposed reef;

29         (d)  The commitment of the local government or

30  authorized nonprofit organization to provide funds or other

31

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  1  support for the development, monitoring, evaluation, and

  2  management of the proposed reef;

  3         (e)  The estimated cost for developing or monitoring

  4  the proposed reef;

  5         (f)  The stated objectives for developing or evaluating

  6  the reef and a means to measure the level of attainment of

  7  these objectives; and

  8         (g)  The ability of applicants to conduct artificial

  9  reef monitoring projects using established scientific protocol

10  either independently or in collaboration with marine research

11  entities.

12         (3)  The commission department shall establish criteria

13  for siting, constructing, managing, and evaluating the

14  effectiveness of artificial reefs, including the specification

15  of what materials are permissible to use in constructing

16  fishing reefs. No material shall be permitted to be used as an

17  artificial reef under conditions where hurricane force storm

18  events could reasonably be expected to cause the underwater

19  lateral movement of the material off the permitted reef site,

20  or cause substantial structural failure of the material. No

21  material shall be permitted to be used as an artificial reef

22  which has a demonstrated life expectancy in sea water as a

23  functioning reef community of less than 20 years, or which has

24  not been found to be safe for marine life and human health by

25  the commission department. Each artificial reef must be

26  constructed in a manner that is consistent with the public

27  interest, will not harm the marine environment, or impede

28  navigation or other traditional uses.

29         (4)  The commission department shall establish criteria

30  for determining the eligibility of nonprofit organizations

31  qualified under s. 501(c)(3) of the Internal Revenue Code to

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  1  apply for and receive available reef development or evaluation

  2  funds. The criteria must include, but are not limited to:

  3         (a)  The organization must show proof that it is a

  4  nonprofit organization qualified under s. 501(c)(3) of the

  5  Internal Revenue Code and currently operating in full

  6  compliance with United States Internal Revenue Service

  7  regulations defining and governing those organizations.

  8         (b)  The organization must have as one of its principal

  9  charges the development or monitoring of artificial reefs and

10  must agree to use the best science-based management practices

11  available.

12         (c)  The organization must be a not-for-profit

13  corporation and must have its principal place of business

14  within the state.

15         (5)  The commission's department's artificial reef

16  program shall track artificial reef development activities

17  statewide and maintain a computer database of this activity

18  for the public interest and to facilitate long-range planning

19  and coordination within the commission department and among

20  local governments.

21         (6)  It is unlawful for any person to:

22         (a)  Place artificial-reef-construction materials in

23  state water outside zones permitted under the terms and

24  conditions defined in the applicable environmental permits and

25  under United States Army Corps of Engineers permits held by

26  the commission department or a local government.

27         (b)  Place in state waters artificial-reef-construction

28  materials that have not been inspected and approved by the

29  commission department or a commission department-certified

30  inspector.

31

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  1         (7)(a)  An initial violation of subsection (6) is a

  2  misdemeanor of the first degree, punishable as provided in s.

  3  775.082 or s. 775.083. A subsequent violation of subsection

  4  (6) which is committed within 12 months after a previous

  5  violation of that subsection is a felony of the third degree,

  6  punishable as provided in s. 775.082, s. 775.083, or s.

  7  775.084.

  8         (b)  If a violation of paragraph (4)(a) or paragraph

  9  (6)(a) occurs, a law enforcement officer may terminate a

10  vessel's voyage and order the vessel operator to return

11  immediately to port. The vessel operator must immediately

12  dispose of the materials on shore according to applicable

13  waste disposal laws.

14         (c)  If, at the time of the violation, the vessel that

15  is involved in the violation:

16         1.  Is moored, the registered owner of the vessel is

17  responsible for the violation.

18         2.  Is underway, the captain or operator of the vessel

19  and the registered owner of the vessel are jointly responsible

20  for the violation.

21         (d)  In addition to the penalties imposed in this

22  subsection, the commission department shall assess civil

23  penalties of up to $5,000 against any person convicted of

24  violating subsection (6) and may suspend or revoke the vessel

25  registration and may revoke existing reef-construction permits

26  and other state marine licenses held by the violator. For the

27  purposes of this section, conviction includes any judicial

28  disposition other than acquittal or dismissal.

29         Section 9.  Subsection (5) of section 597.004, Florida

30  Statutes, is amended to read:

31         597.004  Aquaculture certificate of registration.--

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  1         (5)  SALE OF AQUACULTURE PRODUCTS.--

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

  3  any fish of the genus Micropterus, and prohibited and

  4  restricted freshwater and marine species identified by rules

  5  of the Fish and Wildlife Conservation Commission, may be sold

  6  by an aquaculture producer certified pursuant to s. 597.004

  7  without restriction so long as product origin can be

  8  identified.

  9         (b)  Aquaculture shellfish must be sold and handled in

10  accordance with shellfish handling regulations of the

11  Department of Agriculture and Consumer Services Department of

12  Environmental Protection established to protect public health.

13         Section 10.  Subsection (3) of section 705.101, Florida

14  Statutes, is amended to read:

15         705.101  Definitions.--As used in this chapter:

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

17  property that which does not have an identifiable owner and

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

19  inoperative, or partially dismantled condition or which has no

20  apparent intrinsic value to the rightful owner. However,

21  vessels determined to be derelict by the Fish and Wildlife

22  Conservation Commission Department of Environmental Protection

23  or a county or municipality in accordance with the provisions

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

25  definition.

26         Section 11.  Subsections (2) and (4) of section

27  705.103, Florida Statutes, are amended to read:

28         705.103  Procedure for abandoned or lost property.--

29         (2)  Whenever a law enforcement officer ascertains that

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

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

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

  2  such article in substantially the following form:

  3

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

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

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

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

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

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

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

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

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

13  title, address, and telephone number of law enforcement

14  officer)....

15

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

17  shall be sufficiently weatherproof to withstand normal

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

19  enforcement officer shall make a reasonable effort to

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

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

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

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

24  320.01(1) or a vessel as defined in s. 327.02, the law

25  enforcement agency shall contact the Department of Highway

26  Safety and Motor Vehicles or the Department of Environmental

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

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

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

30  328.15(1). On receipt of this information, the law enforcement

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

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

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

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

  4  interested in the lost or abandoned article or articles

  5  described has not removed the article or articles from public

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

  7  following shall apply:

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

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

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

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

12  donate the property to a charitable organization, sell the

13  property, or notify the appropriate refuse removal service.

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

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

16  days. The agency shall publish notice of the intended

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

18  during the first 45 days of this time period.

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

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

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

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

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

24  given by an advertisement published once a week for 2

25  consecutive weeks in a newspaper of general circulation in the

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

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

28  $100 or less, notice shall be given by posting a description

29  of the property at the law enforcement agency where the

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

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

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  1  law enforcement agency. The notice must describe the property

  2  in a manner reasonably adequate to permit the rightful owner

  3  of the property to claim it.

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

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

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

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

  8  newspaper of general circulation in the county where the sale

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

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

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

12  abandoned property is held or stored. The advertisement must

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

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

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

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

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

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

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

20  disposition shall describe the property in a manner reasonably

21  adequate to permit the rightful owner of the property to

22  identify it.

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

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

25  property within the specified period shall be liable to the

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

27  destruction of such property, less any salvage value obtained

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

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

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

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

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

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

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

  4  enforcement officer shall supply the Department of Highway

  5  Safety and Motor Vehicles Environmental Protection with a list

  6  of persons whose boat registration privileges or have been

  7  revoked under this subsection and the Department of Motor

  8  Vehicles with a list of persons whose motor vehicle privileges

  9  have been revoked under this subsection. Neither the

10  department nor any other person acting as agent thereof shall

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

12  motor vehicle registration privileges have been revoked, as

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

14         Section 12.  Sections 370.0205, 370.027, 372.021,

15  372.061, 373.1965, 373.197, and 403.261, Florida Statutes, and

16  subsection (6) of section 370.02 and subsection (12) of

17  section 370.14, Florida Statutes, are repealed.

18         Section 13.  This act shall take effect July 1, 2000.

19

20            *****************************************

21                          SENATE SUMMARY

22    Amends and repeals various sections of environmental
      protection statutes to conform to the creation of the
23    Fish and Wildlife Conservation Commission.

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