Senate Bill 0186c1

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    Florida Senate - 2000                            CS for SB 186

    By the Committee on Natural Resources





    312-706D-00

  1                      A bill to be entitled

  2         An act relating to environmental

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

  4         providing for the divisions and special offices

  5         in the Department of Environmental Protection;

  6         deleting outdated provisions relating to review

  7         of orders and rules in effect before 1994;

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

  9         providing requirements for citizen support

10         organizations for the Department of

11         Environmental Protection; amending s. 20.331,

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

13         Wildlife Conservation Commission when adopting

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

15         authorizing the Department of Environmental

16         Protection to retain specific powers; amending

17         s. 259.101, F.S.; providing for the receipt of

18         funds by the Fish and Wildlife Conservation

19         Commission; amending s. 270.22, F.S.; providing

20         for certain fees to be deposited into the

21         General Inspection Trust Fund of the Department

22         of Agriculture and Consumer Services; amending

23         s. 288.109, F.S.; identifying agencies

24         participating in the one-stop permitting

25         system; amending s. 327.04, F.S.; providing

26         rulemaking authority to the Fish and Wildlife

27         Conservation Commission; amending s. 327.41,

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

29         the Fish and Wildlife Conservation Commission;

30         amending s. 327.54, F.S., requiring the lessee

31         of a personal watercraft to receive instruction

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  1         by the Fish and Wildlife Conservation

  2         Commission; amending s. 328.72, F.S.; providing

  3         for the distribution of funds by the Fish and

  4         Wildlife Conservation Commission; amending s.

  5         370.021, F.S.; providing penalties for

  6         violation of rules relating to marine

  7         resources; transferring and renumbering s.

  8         370.041, F.S., as s. 161.242, F.S.; amending s.

  9         370.07, F.S.; transferring specific regulatory

10         powers from the Department of Environmental

11         Protection to the Fish and Wildlife

12         Conservation Commission and the Department of

13         Agriculture and Consumer Services; providing

14         for the deposit of certain funds in the General

15         Inspection Trust Fund of the Department of

16         Agriculture and Consumer Services; deleting the

17         authority of the Department of Revenue to adopt

18         emergency rules for the Apalachicola Bay Oyster

19         Surcharge; amending s. 370.101, F.S.; providing

20         for certain saltwater fish regulations to be

21         established by the Fish and Wildlife

22         Conservation Commission; amending s. 370.11,

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

24         Fish and Wildlife Conservation Commission;

25         amending s. 370.1107, F.S.; clarifying the

26         meaning of the term "licensed saltwater

27         fisheries trap"; amending s. 370.13, F.S.;

28         providing for the regulation of stone crabs;

29         amending s. 370.1405, F.S.; providing for

30         reports on crawfish by dealers; amending s.

31         370.16, F.S.; providing for the deposit of

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  1         certain fees relating to the regulation of

  2         oysters; amending s. 370.25, F.S.; deleting a

  3         provision conferring joint responsibility on

  4         the captain or operator of a vessel and the

  5         registered owner of the vessel for violations

  6         while underway; transferring responsibilities

  7         for the artificial reef program to the Fish and

  8         Wildlife Conservation Commission; amending s.

  9         372.021, F.S.; prescribing powers and duties of

10         the Fish and Wildlife Conservation Commission;

11         amending s. 372.05, F.S.; prescribing duties of

12         the executive director of the commission;

13         amending s. 372.07, F.S.; prescribing police

14         powers of the executive director of the

15         commission; amending s. 372.105, F.S.;

16         clarifying the regulation of saltwater life;

17         revising the deposit of specified funds;

18         amending s. 372.121, F.S.; providing for

19         management of certain lands; amending ss.

20         372.991, 373.4149, 373.41492, 403.141, 570.235,

21         590.02, F.S.; conforming references to the Fish

22         and Wildlife Conservation Commission; amending

23         s. 403.707, F.S.; conforming a statutory

24         cross-reference; amending s. 597.004, F.S.;

25         transferring aquaculture shellfish handling

26         regulations from the Department of

27         Environmental Protection to the Department of

28         Agriculture and Consumer Services; amending s.

29         705.101, F.S.; transferring specific authority

30         over derelict vessels from the Department of

31         Environmental Protection to the Fish and

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  1         Wildlife Conservation Commission; amending s.

  2         705.103, F.S.; removing authority over

  3         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; repealing s. 370.038, F.S.,

21         relating to the adoption of specified rules;

22         repealing s. 370.0606, F.S., relating to

23         appointment of subagents for sale of saltwater

24         licenses and permits; repealing s. 370.0615,

25         F.S., relating to lifetime resident saltwater

26         fishing licenses; repealing s. 370.0805, F.S.,

27         relating to the net ban assistance program;

28         repealing s. 372.04, F.S., relating to the

29         director of the commission; repealing s.

30         372.061, F.S., relating to meetings of the Game

31         and Fresh Water Fish Commission; repealing s.

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    Florida Senate - 2000                            CS for SB 186
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  1         373.197, F.S., relating to the Kissimmee River

  2         Valley and Taylor Creek-Nubbins Slough Basin

  3         restoration project; repealing s. 403.261,

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

  5         jurisdiction over air and water pollution;

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

  7         admissibility of rules; repealing s.

  8         370.14(12), F.S., relating to the naming of a

  9         sport season for spiny lobsters; providing an

10         effective date.

11

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

13

14         Section 1.  Section 20.255, Florida Statutes, is

15  amended to read:

16         20.255  Department of Environmental Protection.--There

17  is created a Department of Environmental Protection.

18         (1)  The head of the Department of Environmental

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

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

21  Cabinet. The secretary shall be confirmed by the Florida

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

23  Governor.

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

25  an executive coordinator for ecosystem management who are to

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

27  secretary. The secretary may assign any either deputy

28  secretary the responsibility to supervise, coordinate, and

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

30  following special offices are established and headed by

31

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

  2  pleasure of the secretary:

  3         1.  Office of Chief of Staff,

  4         2.1.  Office of General Counsel,

  5         3.2.  Office of Inspector General,

  6         4.3.  Office of External Affairs Communication, the

  7  latter including public information, legislative liaison,

  8  cabinet liaison, and special projects,

  9         4.  Office of Water Policy,

10         5.  Office of Legislative and Government Affairs, and

11  Intergovernmental Programs,

12         6.  Office of Ecosystem Planning and Coordination,

13         7.  Office of Environmental Education, and an

14         6.8.  Office of Greenways and Trails.

15         (b)  The executive coordinator for ecosystem management

16  shall coordinate policy within the department to assure the

17  implementation of the ecosystem management provisions of

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

19  ecosystem management shall supervise only the Office of Water

20  Policy, the Office of Intergovernmental Programs, the Office

21  of Ecosystem Planning and Coordination, and the Office of

22  Environmental Education. The executive coordinator for

23  ecosystem management may also be delegated authority by the

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

25  may include the responsibility to oversee the inland

26  navigation districts.

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

28  executive coordinator for ecosystem management shall report to

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

30  daily coordination purposes, to report through a senior

31  manager other than the secretary.

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

  2  involved in regulatory matters of waste management, water

  3  resource management facilities, wetlands, and air resources,

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

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

  6  Divisions of the department may have one assistant or two

  7  deputy division directors, as required to facilitate effective

  8  operation.

  9

10  The managers of all divisions and offices specifically named

11  in this section and the directors of the six administrative

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

13  included in the Senior Management Service in accordance with

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

15  management positions at or above the division level, except

16  those established in chapter 110, may be created without

17  specific legislative authority.

18         (3)  The following divisions of the Department of

19  Environmental Protection are established:

20         (a)  Division of Administrative Services.

21         (b)  Division of Air Resource Management.

22         (c)  Division of Water Resource Management.

23         (d)  Division of Law Enforcement.

24         (e)  Division of Resource Assessment and Management.

25         (f)  Division of Waste Management.

26         (g)  Division of Recreation and Parks.

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

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

29  confirmation by the Governor and Cabinet sitting as the Board

30  of Trustees of the Internal Improvement Trust Fund.

31

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  1  In order to ensure statewide and intradepartmental

  2  consistency, the department's divisions shall direct the

  3  district offices and bureaus on matters of interpretation and

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

  5  the existing legal authorities and actions of the Department

  6  of Environmental Regulation and the Department of Natural

  7  Resources are transferred to the Department of Environmental

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

  9  completed actions on orders and rules, all enforcement

10  matters, and all delegations, interagency agreements, and

11  contracts with federal, state, regional, and local

12  governments, and private entities.

13         (4)  The secretary of the Department of Environmental

14  Protection is vested with the authority to take agency action

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

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

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

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

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

20  federal standards of the Environmental Regulatory Commission

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

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

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

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

25  Environmental Protection, and nothing herein shall be

26  construed to change any such function of the Governor and

27  Cabinet.

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

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

30  Water Adjudicatory Commission, has the exclusive authority to

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

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

  2  Department of Natural Resources, had authority to issue or

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

  4  procedure of the department.

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

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

  7  Water Adjudicatory Commission and serving a copy on the

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

  9  20 days after adoption of the rule or the rendering of the

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

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

12  initiated within 20 days after the department has taken final

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

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

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

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

17  the department of a substantive nature which stated, with

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

19  that are cognizable within the scope of the provisions and

20  purposes of the applicable statutory provisions, or any person

21  who participated as a party in a proceeding instituted

22  pursuant to chapter 120.

23         (b)  Review by the Land and Water Adjudicatory

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

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

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

27         (c)  If the Land and Water Adjudicatory Commission

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

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

30  of a rule, require the department to initiate rulemaking

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

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

  2  the department for further action consistent with the order of

  3  the Land and Water Adjudicatory Commission.

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

  5  be a precondition to the seeking of judicial review pursuant

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

  7  determination of rule validity pursuant to s. 120.56.

  8

  9  The Land and Water Adjudicatory Commission may adopt rules

10  setting forth its procedures for reviewing orders or rules of

11  the department consistent with the provisions of this section.

12         (6)  The following divisions of the Department of

13  Environmental Protection are established:

14         (a)  Division of Administrative and Technical Services.

15         (b)  Division of Air Resource Management.

16         (c)  Division of Water Resource Management.

17         (d)  Division of Law Enforcement.

18         (e)  Division of Resource Assessment and Management.

19         (f)  Division of Waste Management.

20         (g)  Division of Recreation and Parks.

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

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

23  confirmation by the Governor and Cabinet sitting as the Board

24  of Trustees of the Internal Improvement Trust Fund.

25

26  In order to ensure statewide and intradepartmental

27  consistency, the department's divisions shall direct the

28  district offices and bureaus on matters of interpretation and

29  applicability of the department's rules and programs.

30         (4)(7)  Law enforcement officers of the Department of

31  Environmental Protection who meet the provisions of s. 943.13

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  1  are constituted law enforcement officers of this state with

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

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

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

  5  general laws applicable to investigations, searches, and

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

  7  enforcement officers.

  8         (5)(8)  Records and documents of the Department of

  9  Environmental Protection shall be retained by the department

10  as specified in record retention schedules established under

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

12  department is authorized to:

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

14  and documents in conformity with the approved retention

15  schedules.

16         (b)  Photograph, microphotograph, or reproduce such

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

18  the approved retention schedules, whereby each page will be

19  exposed in exact conformity with the original records and

20  documents retained in compliance with the provisions of this

21  section. Photographs or microphotographs in the form of film

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

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

24  effect as the originals thereof would have and shall be

25  treated as originals for the purpose of their admissibility in

26  evidence. Duly certified or authenticated reproductions of

27  such photographs or microphotographs shall be admitted in

28  evidence equally with the original photographs or

29  microphotographs. The impression of the seal of the Department

30  of Environmental Protection on a certificate made by the

31  department and signed by the Secretary of Environmental

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  1  Protection entitles the certificate to be received in all

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

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

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

  5  in the certificate or in a schedule attached to the

  6  certificate.

  7         (6)(9)  The Department of Environmental Protection may

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

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

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

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

12  surety or sureties as are approved by the department,

13  conditioned upon the faithful performance of the duties of the

14  employee.

15         (7)(10)  There is created as a part of the Department

16  of Environmental Protection an Environmental Regulation

17  Commission. The commission shall be composed of seven

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

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

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

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

22  and the remainder shall be selected from the state at large.

23  Membership shall be representative of agriculture, the

24  development industry, local government, the environmental

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

26  technical community who have substantial expertise in the

27  areas of the fate and transport of water pollutants,

28  toxicology, epidemiology, geology, biology, environmental

29  sciences, or engineering. The Governor shall appoint the

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

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

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  1  1995, shall continue to serve on the commission for the

  2  remainder of their current terms. All appointments thereafter

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

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

  5  commission shall serve without compensation, but shall be paid

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

  7  performance of their official duties. Administrative,

  8  personnel, and other support services necessary for the

  9  commission shall be furnished by the department.

10         Section 2.  Section 370.0205, Florida Statutes, is

11  transferred and renumbered as section 20.2551, Florida

12  Statutes.

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

14  20.331, Florida Statutes, is amended to read:

15         20.331  Fish and Wildlife Conservation Commission.--

16         (6)

17         (c)  The commission shall follow the provisions of

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

19  whose substantial interests will be affected by any action of

20  the commission in the performance of its statutory duties or

21  responsibilities. For purposes of this subsection, statutory

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

23  the following:

24         1.  Research and management responsibilities for marine

25  species listed as endangered, threatened, or of special

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

27  turtles;

28         2.  Establishment and enforcement of boating safety

29  regulations;

30         3.  Land acquisition and management;

31

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  1         4.  Enforcement and collection of fees for all

  2  recreational and commercial hunting or fishing licenses or

  3  permits;

  4         5.  Aquatic plant removal and management using fish as

  5  a biological control agent;

  6         6.  Enforcement of penalties for violations of

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

  8  and forfeiture of vessels and other equipment used to commit

  9  those violations;

10         7.  Establishment of free fishing days;

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

12         9.  Establishment and coordination of a statewide

13  hunter safety course;

14         10.  Establishment of programs and activities to

15  develop and distribute public education materials;

16         11.  Police powers of wildlife and marine officers;

17         12.  Establishment of citizen support organizations to

18  provide assistance, funding, and promotional support for

19  programs of the commission;

20         13.  Creation of the Voluntary Authorized Hunter

21  Identification Program; and

22         14.  Regulation of required clothing of persons hunting

23  deer.

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

25  the development and implementation of its adequate due process

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

27  House of Representatives, and the appropriate substantive

28  committees of the House of Representatives and the Senate no

29  later than December 1, 1999.

30         Section 4.  Section 161.031, Florida Statutes, is

31  amended to read:

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  1         161.031  Personnel and facilities.--The Department of

  2  Environmental Protection may call to its assistance

  3  temporarily, any engineer or other employee in any state

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

  5  educational institution financed wholly or in part by the

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

  7  economical method of averting and preventing erosion,

  8  hurricane, and storm damages. These employees shall not

  9  receive additional compensation, except for actual necessary

10  expenses incurred while working under the direction of the

11  department Division of Marine Resources.

12         Section 5.  Section 161.36, Florida Statutes, is

13  amended to read:

14         161.36  General powers of authority.--In order to most

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

16  county commissioners, as the county beach and shore

17  preservation authority and as the governing body of each beach

18  and shore preservation district established thereby, shall be

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

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

21  nothing herein shall diminish or impair the regulatory

22  authority of the Department of Environmental Protection or

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

24  the Board of Trustees of the Internal Improvement Trust Fund

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

26  not be limited to, the following:

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

28         (2)  To sue and be sued;

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

30  lawful means;

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

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

  2  making surveys, soundings, drillings and examinations, and

  3  such entry shall not be deemed a trespass;

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

  5  and facilities;

  6         (7)  To make rules and regulations; and

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

  8  implied in this part.

  9         Section 6.  Paragraph (f) of subsection (3) of section

10  259.101, Florida Statutes, is amended to read:

11         259.101  Florida Preservation 2000 Act.--

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

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

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

15  issued pursuant to this act shall be deposited into the

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

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

18  Preservation 2000 Trust Fund shall be distributed by the

19  Department of Environmental Protection to the Department of

20  Environmental Protection for the purchase by the South Florida

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

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

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

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

25  $20 million per year from the proceeds of any bonds deposited

26  into the Florida Preservation 2000 Trust Fund shall be

27  distributed by the Department of Environmental Protection to

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

29  lands necessary to restore Lake Apopka. The remaining proceeds

30  shall be distributed by the Department of Environmental

31  Protection in the following manner:

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

  2  Wildlife Conservation Game and Fresh Water Fish Commission to

  3  fund the acquisition of inholdings and additions to lands

  4  managed by the commission which are important to the

  5  conservation of fish and wildlife.

  6         Section 7.  Subsection (2) of section 270.22, Florida

  7  Statutes, is amended to read:

  8         270.22  Proceeds of state lands to go into Internal

  9  Improvement Trust Fund; exception.--

10         (2)  Rental fees for aquaculture leases pursuant to s.

11  253.71(2) shall be deposited into the General Inspection

12  Marine Resources Conservation Trust Fund of the Department of

13  Agriculture and Consumer Services Environmental Protection.

14  Such fees generated by shellfish-related aquaculture leases

15  shall be used for shellfish-related aquaculture activities,

16  including research, lease compliance inspections, mapping, and

17  siting.

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

19  Statutes, is amended to read:

20         288.109  One-Stop Permitting System.--

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

22  and the programs within such agencies which require the

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

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

25         (a)  The Department of Agriculture and Consumer

26  Services.

27         (b)  The Department of Business and Professional

28  Regulation.

29         (c)  The Department of Health.

30         (d)  The Department of Insurance.

31         (e)  The Department of Labor.

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  1         (f)  The Department of Revenue.

  2         (g)  The Department of State.

  3         (h)  The Fish and Wildlife Conservation Game and

  4  Freshwater Fish Commission.

  5         (i)  Other state agencies.

  6         Section 9.  Section 327.04, Florida Statutes, is

  7  amended to read:

  8         327.04  Rules.--The Fish and Wildlife Conservation

  9  Commission department has authority to adopt rules pursuant to

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

11  provisions of this chapter conferring powers or duties upon

12  it.

13         Section 10.  Subsections (3) and (4) of section 327.41,

14  Florida Statutes, are amended to read:

15         327.41  Uniform waterway regulatory markers.--

16         (3)  Application for placing regulatory markers on the

17  Florida Intracoastal Waterway shall be made to the Fish and

18  Wildlife Conservation Commission Division of Marine Resources,

19  accompanied by a map locating the approximate placement of the

20  markers, a statement of the specification of the markers, a

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

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

23  markers.

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

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

26  or over the Florida Intracoastal Waterway without a permit

27  from the Fish and Wildlife Conservation Commission Division of

28  Marine Resources.

29         Section 11.  Subsection (4) of section 327.54, Florida

30  Statutes, is amended to read:

31         327.54  Liveries; safety regulations; penalty.--

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  1         (4)  A livery may not lease, hire, or rent a personal

  2  watercraft to any person who is under 16 years of age, nor may

  3  it lease, hire, or rent such watercraft or other vessel to any

  4  other person, unless the livery displays boating safety

  5  information about the safe and proper operation of vessels and

  6  requires a signature by the lessee that he or she has received

  7  instruction in the safe handling of the personal watercraft in

  8  compliance with standards established by the commission

  9  department.

10         Section 12.  Subsection (15) of section 328.72, Florida

11  Statutes, is amended to read:

12         328.72  Classification; registration; fees and charges;

13  surcharge; disposition of fees; fines; marine turtle

14  stickers.--

15         (15)  DISTRIBUTION OF FEES.--Moneys deposited pursuant

16  to s. 328.76 to be returned to the counties are for the sole

17  purposes of providing recreational channel marking and public

18  launching facilities and other boating-related activities, for

19  removal of vessels and floating structures deemed a hazard to

20  public safety and health for failure to comply with s. 327.53,

21  and for manatee and marine mammal protection and recovery.

22  The Fish and Wildlife Conservation Commission department shall

23  ascertain, as a guideline in determining the amounts of

24  distributions each county may receive, the number of

25  noncommercial vessels registered in the county during the

26  preceding fiscal year according to the fee schedule provided

27  in subsection (1) and shall promulgate rules to effectuate

28  this.  Each fiscal year, prior to determination of

29  distributions to the counties under this section, an amount

30  equal to $1 for each vessel registered in this state shall be

31

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  1  transferred to the Save the Manatee Trust Fund for manatee and

  2  marine mammal research, protection, and recovery.

  3         Section 13.  Subsection (1) of section 370.021, Florida

  4  Statutes, is amended to read:

  5         370.021  Administration; rules, publications, records;

  6  penalties; injunctions.--

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

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

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

10  Wildlife Conservation Commission relating to the conservation

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

12  punished:

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

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

15  $100 nor more than $500, or by both such fine and

16  imprisonment.

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

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

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

20  such fine and imprisonment.

21         Section 14.  Section 370.041, Florida Statutes, is

22  transferred and renumbered as section 161.242, Florida

23  Statutes.

24         Section 15.  Section 370.07, Florida Statutes, is

25  amended to read:

26         370.07  Wholesale and retail saltwater products

27  dealers; regulation.--

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

29  or privilege taxes are hereby levied and imposed upon dealers

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

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

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  1  without first paying for and procuring the license required by

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

  3  the Fish and Wildlife Conservation Commission Department of

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

  5  licenses shall be issued by the commission department upon

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

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

  8  or corporation which sells saltwater products to any person,

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

10  saltwater products in the county designated on the wholesale

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

12  from any licensed wholesale dealer.

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

14  corporation which sells saltwater products to any person,

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

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

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

18  wholesale dealer.

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

20  dealer.

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

22  corporation which sells saltwater products directly to the

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

24  merchandise who deals in or sells saltwater products consumed

25  on the premises or prepared for immediate consumption and sold

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

27  Hotels and Restaurants of the Department of Business and

28  Professional Regulation.

29

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

31  dealer and a retail dealer shall obtain both a wholesale

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

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

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

  4  that the wholesale dealer supplies to the commission

  5  department a complete list of additional places of business

  6  upon application for the annual license tax.

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

  8         (a)  A resident wholesale county seafood dealer is

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

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

11  pay an annual license tax of $450.

12         (c)  A nonresident wholesale county dealer is required

13  to pay an annual license tax of $500.

14         (d)  A nonresident wholesale state dealer is required

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

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

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

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

19  an annual license tax of $1,500.

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

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

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

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

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

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

26  business.

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

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

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

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

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

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

  2  business.

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

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

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

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

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

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

  9  business.

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

11  other funds derived from the Federal Government or from any

12  other source, shall be deposited in a Florida Saltwater

13  Products Promotion Trust Fund to be administered by the

14  Department of Agriculture and Consumer Services for the sole

15  purpose of promoting all fish and saltwater products produced

16  in this state.

17         (3)  APALACHICOLA BAY OYSTER SURCHARGE.--

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

19  amount of oysters with shells weighing approximately 60

20  pounds.

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

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

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

24  oysters after harvesting from the waters of Apalachicola Bay.

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

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

27  any subsequent purchasing wholesale dealer or other purchaser

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

29  will be paid by such wholesale dealer first receiving the

30  oysters.

31

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

  2  wholesale dealer, such wholesale dealer shall maintain

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

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

  5  paid or will be paid by such wholesale dealer.

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

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

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

  9  the Department of Revenue, adequate to establish that the

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

11  dealer.

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

13  212.12 and estimated tax filing requirements pursuant to s.

14  212.11, the same duties and privileges imposed by chapter 212

15  upon dealers of tangible personal property respecting the

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

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

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

19  the administration of chapter 212 shall apply and be binding

20  upon all wholesale dealers who are subject to the surcharge

21  imposed by this subsection.

22         (e)  The Department of Revenue shall keep records

23  showing the amount of the surcharge collected.

24         (f)  The Department of Revenue shall collect the

25  surcharge for transfer into the General Inspection Marine

26  Resources Conservation Trust Fund of the Department of

27  Agriculture and Consumer Services Department of Environmental

28  Protection.

29         (g)  The Department of Revenue is empowered to

30  promulgate rules, establish audit procedures for the audit of

31  wholesale dealers, assess for delinquency, and prescribe and

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  1  publish such forms as may be necessary to effectuate the

  2  provisions of this subsection.

  3         (h)  Annually, the Department of Agriculture and

  4  Consumer Services Department of Environmental Protection shall

  5  furnish the Department of Revenue with a current list of

  6  wholesale dealers in the state.

  7         (i)  Collections received by the Department of Revenue

  8  from the surcharge shall be transferred quarterly to the

  9  Department of Agriculture and Consumer Services General

10  Inspection Department of Environmental Protection Marine

11  Resources Conservation Trust Fund, less the costs of

12  administration.

13         (j)  The executive director of the Department of

14  Revenue is hereby authorized to adopt emergency rules pursuant

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

16  Notwithstanding any other provisions of law, such emergency

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

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

19  and in furtherance of the orderly implementation of this

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

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

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

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

24  Cabinet and shall become effective upon filing with the

25  Department of State, notwithstanding the provisions of s.

26  120.54(3)(e)6.

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

28  Services Department of Environmental Protection shall use or

29  distribute funds generated by this surcharge, less reasonable

30  costs of collection and administration, to fund the following

31

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  1  oyster management and restoration programs in Apalachicola

  2  Bay:

  3         1.  The relaying and transplanting of live oysters.

  4         2.  Shell planting to construct or rehabilitate oyster

  5  bars.

  6         3.  Education programs for licensed oyster harvesters

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

  8  sanitation, resource conservation, small business management,

  9  and other relevant subjects.

10         4.  Research directed toward the enhancement of oyster

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

12  bay.

13         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

14         (a)  A person transporting in this state saltwater

15  products that were produced in this state, regardless of

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

17  bills of lading, or other similar instruments showing the

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

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

20  Florida wholesale dealer number of the dealer of origin.

21         (b)  A person transporting in this state saltwater

22  products that were produced outside this state to be delivered

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

24  possession invoices, bills of lading, or other similar

25  instruments showing the number of packages, boxes, or

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

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

28  physical address, and Florida wholesale dealer number of the

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

30         (c)  A person transporting in this state saltwater

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

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  1  delivered to a destination outside this state shall have in

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

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

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

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

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

  7  delivered.

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

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

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

11  other similar instruments showing the number of boxes or

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

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

14  display the wholesale dealer license number and the name and

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

16  the lot covered by the instrument.

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

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

19  delivering, shipping, or transporting, any saltwater products

20  without all invoices of such products having thereon the

21  wholesale dealer license number in such form as may be

22  prescribed under the provisions of this subsection and the

23  rules and regulations of the Fish and Wildlife Conservation

24  Commission department. Any saltwater products found in the

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

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

27  the manner provided by law.

28         (f)  Nothing contained in this subsection may be

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

30  saltwater products in an ordinary retail transaction by a

31  licensed retail dealer who has purchased such products from a

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

  2  catch or products of a saltwater products licensee to a

  3  Florida-licensed wholesale dealer.

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

  5  to applicants who furnish to the commission department

  6  satisfactory evidence of law-abiding reputation and who pledge

  7  themselves to faithfully observe all of the laws and

  8  regulations of this state relating to the conservation of,

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

10  saltwater products and to cooperate in the enforcement of all

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

12  included in the application for license.

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

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

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

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

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

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

19  and is not transferable.  The commission department may

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

21  licensee:

22         1.  Upon the conviction of the licensee of any

23  violation of the laws or regulations designed for the

24  conservation of saltwater products;

25         2.  Upon conviction of the licensee of knowingly

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

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

28  in violation of the laws of this state; or

29         3.  Upon satisfactory evidence of any violation of the

30  laws or any regulations of this state designed for the

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

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

  2  transporting, possession, or taking of saltwater products.

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

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

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

  6  commission department.  After revocation, it is unlawful for

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

  8  wholesale or retail dealer.

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

10  pursuant to this subsection, the commission department may

11  impose penalties pursuant to s. 370.021.

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

13         (a)  Wholesale dealers shall be required by the

14  commission department to make and preserve a record of the

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

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

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

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

19  preserve a record from whom all saltwater products are

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

21  times by the commission department.  A report covering the

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

23  as required by rule to the commission department by each

24  wholesale dealer.  All reports required under this subsection

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

26  119.07(1) except that, pursuant to authority related to

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

28  370.20(3), reports may be shared with another state if that

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

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

31

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  1  instrument agreeing to preserve confidentiality as established

  2  by Florida law.

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

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

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

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

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

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

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

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

11  determined to have violated any provision of this paragraph or

12  any provisions of any commission department rules adopted

13  promulgated pursuant to s. 370.0607, the following additional

14  penalties:

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

16  $1,000;

17         2.  For a second violation committed within 24 months

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

19  and

20         3.  For a third or subsequent violation committed

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

22  penalty of up to $5,000.

23

24  The proceeds of all civil penalties collected pursuant to this

25  subsection shall be deposited into the Marine Resources

26  Conservation Trust Fund and shall be used for administration,

27  auditing, and law enforcement purposes.

28         (7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

29  LOCATION.--Wholesale dealers purchasing saltwater products

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

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

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  1  must notify the Fish and Wildlife Conservation Commission

  2  Division of Law Enforcement of the location of the temporary

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

  4  such site.

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

  6  unlawful for any licensed retail dealer or any restaurant

  7  licensed by the Division of Hotels and Restaurants of the

  8  Department of Business and Professional Regulation to buy

  9  saltwater products from any person other than a licensed

10  wholesale or retail dealer.

11         Section 16.  Section 370.101, Florida Statutes, is

12  amended to read:

13         370.101  Saltwater fish; regulations.--

14         (1)  The Fish and Wildlife Conservation Commission

15  Division of Marine Resources is authorized to establish weight

16  equivalencies when minimum lengths of saltwater fish are

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

18  artificially cultivated.

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

20  commission division pursuant to s. 370.06 for catching and

21  possession of fish protected by law after it has first

22  established that such protected specimens are to be used as

23  stock for artificial cultivation.

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

25  subsection (2) until the commission division determines that

26  the artificial cultivation activity complies with the

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

28  provisions contained within this chapter regarding leases,

29  licenses, or permits for maricultural activities of each

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

31  stocks is fully protected.

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  1         Section 17.  Subsection (2) of section 370.11, Florida

  2  Statutes, is amended to read:

  3         370.11  Fish; regulation.--

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

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

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

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

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

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

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

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

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

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

14  immediately returned uninjured to the water and released where

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

16  knowingly receive for transportation or transport, within or

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

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

19  provided that any lawful established taxidermist, in the

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

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

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

23  however, satisfactory individual ownership of the fish so

24  moved or transported can be established by such taxidermist at

25  any time upon demand.  Common carriers shall accept for

26  shipment tarpon from a taxidermist when statement of

27  individual ownership involved accompanies bill of lading or

28  other papers controlling the shipment. The Fish and Wildlife

29  Conservation Commission Division of Marine Resources may, in

30  its discretion, upon application issue permits for the taking

31  and transporting of tarpon for scientific purposes.

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  1         Section 18.  Subsection (1) of section 370.1107,

  2  Florida Statutes, is amended to read:

  3         370.1107  Definition; possession of certain licensed

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

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

  6  saltwater fisheries trap" means any trap required to be

  7  licensed by the Fish and Wildlife Conservation Commission and

  8  authorized pursuant to this chapter or by the commission for

  9  the taking of saltwater products.

10         Section 19.  Subsection (4) and paragraph (d) of

11  subsection (5) of section 370.13, Florida Statutes, are

12  amended to read:

13         370.13  Stone crab; regulation.--

14         (4)  Any gear, equipment, boat, vehicle, or item used

15  in the violation of this section is subject to confiscation.

16  In addition, the Fish and Wildlife Conservation Commission

17  Department of Environmental Protection shall revoke the permit

18  of any permitholder convicted of a violation of paragraph

19  (1)(a) for a period of 1 year from the date of the conviction,

20  and he or she is prohibited during that period from catching

21  or having in his or her possession any stone crab for the

22  person's own use or to sell or offer to sell, whether or not

23  he or she is accompanied by the holder of a valid permit and

24  regardless of where taken.

25         (5)

26         (d)  If a person holding an active trap number, or a

27  member of that person's immediate family, does not request

28  renewal of the number before the applicable dates as specified

29  in this subsection, the commission department shall deactivate

30  that trap number.

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  1         Section 20.  Section 370.1405, Florida Statutes, is

  2  amended to read:

  3         370.1405  Crawfish reports by dealers during closed

  4  season required.--

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

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

  7  seafood dealer, either retail or wholesale, intending to

  8  possess whole crawfish, crawfish tails, or crawfish meat

  9  during closed season shall submit to the Fish and Wildlife

10  Conservation Commission Department of Environmental

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

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

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

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

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

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

17  department shall not accept any reports not delivered or

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

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

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

21  the commission department.

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

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

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

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

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

27  370.021(1), s. 370.07(6)(b), or both. The commission shall

28  seize the entire supply of unreported or falsely reported

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

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

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

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  1  quantity of unreported or falsely reported crawfish as

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

  3  dealer shall have 24 hours to transport said products outside

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

  5  Otherwise, the product shall be declared a nuisance and

  6  disposed of by the commission according to law.

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

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

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

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

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

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

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

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

15  any, acquired from a licensed wholesale dealer during the

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

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

18  reported on hand shall equal the amount acquired plus the

19  amount reported remaining on hand in the last submitted

20  report. Copies of records or invoices documenting the number

21  of pounds acquired during the closed season must be maintained

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

23  for inspection by the commission department for a period not

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

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

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

27  not be accepted by the commission department. Dealers for

28  which late supplementary reports are not accepted by the

29  commission department must show just cause why their entire

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

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

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  1  dealer fails to timely submit the monthly supplementary report

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

  3  the following civil penalties:

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

  5  shall assess a civil penalty of $500.

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

  7  closed season, the commission department shall assess a civil

  8  penalty of $1,000.

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

10  closed season, the commission department shall assess a civil

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

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

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

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

15  remaining quantity of crawfish as determined by the judge.

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

17  transport said products outside the limits of Florida for sale

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

19  declared a nuisance and disposed of by the commission

20  department according to law.

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

22  closed season make their stocks of whole crawfish, crawfish

23  tails, or crawfish meat available for inspection by the

24  commission department.

25         (5)  Each wholesale and retail dealer in whole

26  crawfish, crawfish tails, or crawfish meat shall keep

27  throughout the period of the crawfish closed season copies of

28  the bill of sale or invoice covering each transaction

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

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

31  for inspection by the commission department.

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  1         (6)  The Fish and Wildlife Conservation Commission may

  2  Department of Environmental Protection is authorized to adopt

  3  rules incorporating by reference such forms as are necessary

  4  to administer implement the provisions of this section.

  5         Section 21.  Paragraphs (b), (d), and (e) of subsection

  6  (4) of section 370.16, Florida Statutes, are amended to read:

  7         370.16  Oysters and shellfish; regulation.--

  8         (4)  LEASES IN PERPETUITY; RENT; STIPULATIONS; TAXES;

  9  CULTIVATION, ETC.--

10         (b)  A surcharge of $5 per acre, or any fraction of an

11  acre, per annum shall be levied upon each lease, other than a

12  perpetual lease granted pursuant to this subsection, and

13  deposited into the Board of Trustees of the Internal

14  Improvement Marine Resources Conservation Trust Fund. The

15  surcharge shall be levied until the balance of receipts from

16  the surcharge equals or exceeds $30,000.  For the fiscal year

17  immediately following the year in which the balance of

18  receipts from the surcharge equals or exceeds $30,000, no

19  surcharge shall be levied unless the balance from receipts

20  from the surcharge is less than or equal to $20,000. For the

21  fiscal year immediately following the year in which the

22  balance of receipts from the surcharge is less than or equal

23  to $20,000, the surcharge shall be and shall remain $5 per

24  acre, or any fraction of an acre, per annum until the balance

25  of receipts from the surcharge again is equal to or exceeds

26  $30,000.  The purpose of the surcharge is to provide a

27  mechanism to have financial resources immediately available

28  for cleanup and rehabilitation of abandoned or vacated lease

29  sites.  The department is authorized to adopt rules necessary

30  to carry out the provisions of this subsection.

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  1         (d)  Funds from receipts from the surcharge within the

  2  Board of Trustees of the Internal Improvement Marine Resources

  3  Conservation Trust Fund from the surcharge established by

  4  paragraph (b) shall be disbursed for the following purposes

  5  and no others:

  6         1.  Administrative expenses, personnel expenses, and

  7  equipment costs of the department related to cleanup and

  8  rehabilitation of abandoned or vacated aquaculture lease sites

  9  and enforcement of provisions of subsections (1)-(13).

10         2.  All costs involved in the cleanup and

11  rehabilitation of abandoned or vacated lease sites.

12         3.  All costs and damages which are the proximate

13  results of lease abandonment or vacation.

14         4.  The department shall recover to the use of the fund

15  from the person or persons abandoning or vacating the lease,

16  jointly and severally, all sums owed or expended from the

17  fund. Requests for reimbursement to the fund for the above

18  costs, if not paid within 30 days of demand, shall be turned

19  over to the Department of Legal Affairs for collection.

20         (e)  Effective cultivation shall consist of the growing

21  of the oysters or clams in a density suitable for commercial

22  harvesting over the amount of bottom prescribed by law.  This

23  commercial density shall be accomplished by the planting of

24  seed oysters, shell, and cultch of various descriptions.  The

25  department Division of Marine Resources may stipulate in each

26  individual lease contract the types, shape, depth, size, and

27  height of cultch materials on lease bottoms according to the

28  individual shape, depth, location, and type of bottom of the

29  proposed lease.  Each tenant leasing from the state water

30  bottoms under the provisions of this section shall have begun,

31  within 1 year from the date of such lease, bona fide

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  1  cultivation of the same, and shall, by the end of the second

  2  year from the commencement of his or her lease, have placed

  3  under cultivation at least one-fourth of the water bottom

  4  leased and shall each year thereafter place in cultivation at

  5  least one-fourth of the water bottom leased until the whole,

  6  suitable for bedding of oysters or clams, shall have been put

  7  in cultivation by the planting thereon of not less than 200

  8  barrels of oysters, shell, or its equivalent in cultch to the

  9  acre.  When leases are granted, or when grants have heretofore

10  been made under existing laws for the planting of oysters or

11  clams, such lessee or grantee is authorized to plant the

12  leased or granted bottoms both in oysters and clams.

13         Section 22.  Section 370.25, Florida Statutes, is

14  amended to read:

15         370.25  Artificial fishing reef program; construction

16  grants to local governments.--

17         (1)  An artificial fishing reef program is created

18  within the Fish and Wildlife Conservation Commission

19  Department of Environmental Protection to enhance saltwater

20  fishing opportunities and to promote proper management of

21  fisheries resources associated with artificial reefs for the

22  public interest. Under the program, the commission department

23  shall provide grants and technical assistance to coastal local

24  governments and nonprofit organizations qualified under s.

25  501(c)(3) of the Internal Revenue Code for the siting and

26  development of saltwater artificial fishing reefs as well as

27  monitoring and evaluating their recreational, economic, and

28  biological effectiveness. The program may be funded from

29  state, federal, and private contributions.

30         (2)  The commission department may adopt by rule

31  procedures for submitting a grant application and criteria for

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  1  allocating available funds.  Such criteria shall include, but

  2  not be limited to, the following:

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

  4  of the natural reef community currently located in the general

  5  vicinity;

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

  7  proposed reef;

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

  9  the proposed reef;

10         (d)  The commitment of the local government or

11  authorized nonprofit organization to provide funds or other

12  support for the development, monitoring, evaluation, and

13  management of the proposed reef;

14         (e)  The estimated cost for developing or monitoring

15  the proposed reef;

16         (f)  The stated objectives for developing or evaluating

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

18  these objectives; and

19         (g)  The ability of applicants to conduct artificial

20  reef monitoring projects using established scientific protocol

21  either independently or in collaboration with marine research

22  entities.

23         (3)  The commission department shall establish criteria

24  for siting, constructing, managing, and evaluating the

25  effectiveness of artificial reefs, including the specification

26  of what materials are permissible to use in constructing

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

28  artificial reef under conditions where hurricane force storm

29  events could reasonably be expected to cause the underwater

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

31  or cause substantial structural failure of the material. No

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

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

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

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

  5  the commission department. Each artificial reef must be

  6  constructed in a manner that is consistent with the public

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

  8  navigation or other traditional uses.

  9         (4)  The commission department shall establish criteria

10  for determining the eligibility of nonprofit organizations

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

12  apply for and receive available reef development or evaluation

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

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

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

16  Internal Revenue Code and currently operating in full

17  compliance with United States Internal Revenue Service

18  regulations defining and governing those organizations.

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

20  charges the development or monitoring of artificial reefs and

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

22  available.

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

24  corporation and must have its principal place of business

25  within the state.

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

27  program shall track artificial reef development activities

28  statewide and maintain a computer database of this activity

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

30  and coordination within the commission department and among

31  local governments.

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

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

  3  state water outside zones permitted under the terms and

  4  conditions defined in the applicable environmental permits and

  5  under United States Army Corps of Engineers permits held by

  6  the commission department or a local government.

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

  8  materials that have not been inspected and approved by the

  9  commission department or a commission department-certified

10  inspector.

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

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

13  775.082 or s. 775.083. A subsequent violation of subsection

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

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

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

17  775.084.

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

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

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

21  immediately to port. The vessel operator must immediately

22  dispose of the materials on shore according to applicable

23  waste disposal laws.

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

25  is involved in the violation:

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

27  responsible for the violation.

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

29  is and the registered owner of the vessel are jointly

30  responsible for the violation.

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

  2  subsection, the commission department shall assess civil

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

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

  5  registration and may revoke existing reef-construction permits

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

  7  purposes of this section, conviction includes any judicial

  8  disposition other than acquittal or dismissal.

  9         Section 23.  Section 372.021, Florida Statutes, is

10  amended to read:

11         372.021  Powers, duties, and authority of commission;

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

13  Conservation Game and Fresh Water Fish Commission may exercise

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

15  the Constitution of Florida, and as otherwise authorized by

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

17  orders in accordance with chapter 120.

18         Section 24.  Section 372.05, Florida Statutes, is

19  amended to read:

20         372.05  Duties of executive director.--The executive

21  director of the Fish and Wildlife Conservation Commission

22  shall:

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

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

25  open for public inspection.

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

27  assistants as may be reasonably necessary in the performance

28  of the executive director's duties.

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

30  its dealings with other state departments, county

31  commissioners, and the federal government.

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

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

  3  official representative of the commission.

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

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

  6  necessary.

  7         (5)(6)  Appoint, fix salaries of, and at pleasure

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

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

10  may be assigned to them by the commission or executive

11  director.

12         (6)(7)  Have such other powers and duties as may be

13  prescribed by the commission in pursuance of its duties under

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

15         Section 25.  Section 372.07, Florida Statutes, is

16  amended to read:

17         372.07  Police powers of commission and its agents.--

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

19  executive director and the executive director's assistants

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

21  constituted peace officers with the power to make arrests for

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

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

24  supervision and management of the commission.  The general

25  laws applicable to arrests by peace officers of this state

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

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

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

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

30  shall not constitute a trespass.

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

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

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

  4  all rules and regulations of the Fish and Wildlife

  5  Conservation Commission relating to wild animal life, marine

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

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

  8  in the performance of their duties thereunder, to:

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

10         (b)  Execute warrants and search warrants for the

11  violation of said laws;

12         (c)  Serve subpoenas issued for the examination,

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

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

15  otherwise, in the performance of their duties;

16         (e)  Arrest upon probable cause without warrant any

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

18  said laws or, in pursuit immediately following such

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

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

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

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

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

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

25  authority and stated to the suspected person in charge the

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

27  have been violated at such camp;

28         (f)  Secure and execute search warrants and in

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

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

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

  2  and examine the contents thereof;

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

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

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

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

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

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

  9  either by abetting, assisting such resistance, or otherwise

10  interfering with said executive director, assistants, or

11  wildlife officers while engaged in the performance of the

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

13  Wildlife Conservation Commission.

14         Section 26.  Paragraph (b) of subsection (2) and

15  paragraph (b) of subsection (3) of section 372.105, Florida

16  Statutes, are amended to read:

17         372.105  Lifetime Fish and Wildlife Trust Fund.--

18         (2)  The principal of the fund shall be derived from

19  the following:

20         (b)  Proceeds from the sale of lifetime licenses issued

21  in accordance with s. 372.57 with the exception of the

22  saltwater portion of the lifetime sportsman's license.

23         (3)  The fund is declared to constitute a special trust

24  derived from a contractual relationship between the state and

25  the members of the public whose investments contribute to the

26  fund.  In recognition of such special trust, the following

27  limitations and restrictions are placed on expenditures from

28  the funds:

29         (b)  The interest income received and accruing from the

30  investments of the fund shall be spent in furtherance of the

31  commission's exercise of the regulatory and executive powers

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  1  of the state with respect to the management, protection, and

  2  conservation of wild animal life and saltwater and freshwater

  3  aquatic life as set forth in s. 9, Art. IV of the State

  4  Constitution and this chapter and as otherwise authorized by

  5  the Legislature.

  6         Section 27.  Section 372.121, Florida Statutes, is

  7  amended to read:

  8         372.121  Control and management of state game lands.--

  9         (1)  The Fish and Wildlife Conservation Commission is

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

11  enforce all reasonable rules and regulations necessary for the

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

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

14  the commission for fish or wildlife management purposes,

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

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

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

18  freshwater aquatic life, the commission shall obtain the

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

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

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

22         (2)  Any person violating or otherwise failing to

23  comply with any rule or regulation so adopted commits is

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

25  provided in s. 775.082 or s. 775.083.

26         Section 28.  Subsection (1) of section 372.991, Florida

27  Statutes, is amended to read:

28         372.991  Nongame Wildlife Trust Fund.--

29         (1)  The Legislature recognizes the value of

30  maintaining ecologically healthy and stable populations of a

31  wide diversity of fish and wildlife species and recognizes the

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  1  need for monitoring, research, management, and public

  2  awareness of all wildlife species in order to guarantee that

  3  self-sustaining populations be conserved.  The Legislature

  4  further recognizes that research and management for game

  5  species traditionally have been supported by licenses and fees

  6  collected by the Fish and Wildlife Conservation Game and Fresh

  7  Water Fish Commission for consumptive uses of wildlife and

  8  that no such support mechanism is available for species not

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

10  Legislature that the funds provided herein be spent to

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

12  priority with the ultimate goal of establishing an integrated

13  approach to the management and conservation of all native

14  fish, wildlife, and plants.

15         Section 29.  Subsections (6) and (12) of section

16  373.4149, Florida Statutes, are amended to read:

17         373.4149  Miami-Dade County Lake Belt Plan.--

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

19  Implementation Committee shall be appointed by the governing

20  board of the South Florida Water Management District to

21  develop a strategy for the design and implementation of the

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

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

24  Management District, who shall serve as chair of the

25  committee, the policy director of Environmental and Growth

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

27  Department of Environmental Protection, the director of the

28  Division of Water Facilities or its successor division within

29  the Department of Environmental Protection, the director of

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

31  the office of the Governor, the secretary of the Department of

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  1  Community Affairs, the executive director of the Fish and

  2  Wildlife Conservation Game and Freshwater Fish Commission, the

  3  director of the Department of Environmental Resource

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

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

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

  7  of the Everglades, a representative of the Florida Audubon

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

  9  Club, four representatives of the nonmining private landowners

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

11  representatives from the limestone mining industry to be

12  appointed by the governing board of the South Florida Water

13  Management District. Two ex officio seats on the committee

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

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

16  Representatives from among representatives whose districts, or

17  some portion of whose districts, are included within the

18  geographical scope of the committee as described in subsection

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

20  the President of the Senate from among senators whose

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

22  within the geographical scope of the committee as described in

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

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

25  members.  A committee member may designate in writing an

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

27  and vote in committee meetings.

28         (12)  The secretary of the Department of Environmental

29  Protection, the secretary of the Department of Community

30  Affairs, the secretary of the Department of Transportation,

31  the Commissioner of Agriculture, the executive director of the

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  1  Fish and Wildlife Conservation Game and Freshwater Fish

  2  Commission, and the executive director of the South Florida

  3  Water Management District may enter into agreements with

  4  landowners, developers, businesses, industries, individuals,

  5  and governmental agencies as necessary to effectuate the

  6  provisions of this section.

  7         Section 30.  Paragraph (b) of subsection (6) of section

  8  373.41492, Florida Statutes, is amended to read:

  9         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

10  mitigation for mining activities within the Miami-Dade County

11  Lake Belt.--

12         (6)

13         (b)  Expenditures must be approved by an interagency

14  committee consisting of representatives from each of the

15  following:  the Miami-Dade County Department of Environmental

16  Resource Management, the Department of Environmental

17  Protection, the South Florida Water Management District, and

18  the Fish and Wildlife Conservation Game and Fresh Water Fish

19  Commission. In addition, the limerock mining industry shall

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

21  interagency committee. At the discretion of the committee,

22  additional members may be added to represent federal

23  regulatory, environmental, and fish and wildlife agencies.

24         Section 31.  Subsection (3) of section 403.141, Florida

25  Statutes, is amended to read:

26         403.141  Civil liability; joint and several

27  liability.--

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

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

30  values for individual categories of fish which shall be

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

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  1  adopted, the department shall use utilize tables of values

  2  established by the Department of Environmental Protection and

  3  the Fish and Wildlife Conservation Game and Fresh Water Fish

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

  5  by standard practices used in estimating fish population.

  6         Section 32.  Paragraph (h) of subsection (12) of

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

  8         403.707  Permits.--

  9         (12)  The department shall establish a separate

10  category for solid waste management facilities which accept

11  only construction and demolition debris for disposal or

12  recycling.  The department shall establish a reasonable

13  schedule for existing facilities to comply with this section

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

15  permitted solid waste disposal unit which receives a

16  significant amount of waste prior to the compliance deadline

17  established in this schedule shall not be required to be

18  retrofitted with liners or leachate control systems.

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

20  must implement a groundwater monitoring system adequate to

21  detect contaminants that may reasonably be expected to result

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

23         (h)  The department shall ensure that the requirements

24  of this section are applied and interpreted consistently

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

26  20.255(6), the Division of Waste Management shall direct the

27  district offices and bureaus on matters relating to the

28  interpretation and applicability of this section.

29         Section 33.  Paragraph (b) of subsection (1) of section

30  570.235, Florida Statutes, is amended to read:

31         570.235  Pest Exclusion Advisory Committee.--

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

  2  Exclusion Advisory Committee. The advisory committee shall be

  3  composed of 24 members.

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

  5  the following 7 members:

  6         1.  Two members representing and appointed by the

  7  Animal and Plant Health Inspection Service, United States

  8  Department of Agriculture.

  9         2.  One member representing and appointed by the

10  Florida Department of Health.

11         3.  One member representing and appointed by the

12  Florida Department of Environmental Protection.

13         4.  One member representing and appointed by the Fish

14  and Wildlife Conservation Florida Game and Fresh Water Fish

15  Commission.

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

17  Representatives.

18         6.  One member appointed by the President of the

19  Senate.

20         Section 34.  Paragraph (e) of subsection (7) of section

21  590.02, Florida Statutes, is amended to read:

22         590.02  Division powers, authority, and duties;

23  liability; building structures; Florida Center for Wildfire

24  and Forest Resources Management Training.--

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

26  operate the Florida Center for Wildfire and Forest Resources

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

28  fire and forest resource managers can obtain current

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

30  their respective disciplines.

31

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  1         (e)  An advisory committee consisting of the following

  2  individuals or their designees must review program curriculum,

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

  4  Division of Forestry; the Assistant Director of the Florida

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

  6  Resources and Conservation of the University of Florida; the

  7  Director of the Division of Recreation and Parks of the

  8  Department of Environmental Protection; the Director of the

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

10  Florida Chapter of The Nature Conservancy; the Executive Vice

11  President of the Florida Forestry Association; the President

12  of the Florida Farm Bureau Federation; the Executive Director

13  of the Fish and Wildlife Conservation Florida Game and Fresh

14  Water Fish Commission; the Executive Director of a Water

15  Management District as appointed by the Commissioner of

16  Agriculture; the Supervisor of the National Forests in

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

18  Association; and the Executive Director of the Tall Timbers

19  Research Station.

20         Section 35.  Subsection (5) of section 597.004, Florida

21  Statutes, is amended to read:

22         597.004  Aquaculture certificate of registration.--

23         (5)  SALE OF AQUACULTURE PRODUCTS.--

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

25  any fish of the genus Micropterus, and prohibited and

26  restricted freshwater and marine species identified by rules

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

28  by an aquaculture producer certified pursuant to s. 597.004

29  without restriction so long as product origin can be

30  identified.

31

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

  2  accordance with shellfish handling regulations of the

  3  Department of Agriculture and Consumer Services Department of

  4  Environmental Protection established to protect public health.

  5         Section 36.  Subsection (3) of section 705.101, Florida

  6  Statutes, is amended to read:

  7         705.101  Definitions.--As used in this chapter:

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

  9  property that which does not have an identifiable owner and

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

11  inoperative, or partially dismantled condition or which has no

12  apparent intrinsic value to the rightful owner. However,

13  vessels determined to be derelict by the Fish and Wildlife

14  Conservation Commission Department of Environmental Protection

15  or a county or municipality in accordance with the provisions

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

17  definition.

18         Section 37.  Subsections (2) and (4) of section

19  705.103, Florida Statutes, are amended to read:

20         705.103  Procedure for abandoned or lost property.--

21         (2)  Whenever a law enforcement officer ascertains that

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

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

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

25  such article in substantially the following form:

26

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

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

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

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

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

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

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

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

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

  5  title, address, and telephone number of law enforcement

  6  officer)....

  7

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

  9  shall be sufficiently weatherproof to withstand normal

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

11  enforcement officer shall make a reasonable effort to

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

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

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

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

16  320.01(1) or a vessel as defined in s. 327.02, the law

17  enforcement agency shall contact the Department of Highway

18  Safety and Motor Vehicles or the Department of Environmental

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

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

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

22  328.15(1). On receipt of this information, the law enforcement

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

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

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

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

27  interested in the lost or abandoned article or articles

28  described has not removed the article or articles from public

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

30  following shall apply:

31

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

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

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

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

  5  donate the property to a charitable organization, sell the

  6  property, or notify the appropriate refuse removal service.

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

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

  9  days. The agency shall publish notice of the intended

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

11  during the first 45 days of this time period.

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

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

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

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

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

17  given by an advertisement published once a week for 2

18  consecutive weeks in a newspaper of general circulation in the

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

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

21  $100 or less, notice shall be given by posting a description

22  of the property at the law enforcement agency where the

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

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

25  law enforcement agency. The notice must describe the property

26  in a manner reasonably adequate to permit the rightful owner

27  of the property to claim it.

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

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

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

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

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  1  newspaper of general circulation in the county where the sale

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

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

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

  5  abandoned property is held or stored. The advertisement must

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

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

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

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

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

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

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

13  disposition shall describe the property in a manner reasonably

14  adequate to permit the rightful owner of the property to

15  identify it.

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

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

18  property within the specified period shall be liable to the

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

20  destruction of such property, less any salvage value obtained

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

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

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

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

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

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

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

28  enforcement officer shall supply the Department of Highway

29  Safety and Motor Vehicles Environmental Protection with a list

30  of persons whose boat registration privileges or have been

31  revoked under this subsection and the Department of Motor

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  1  Vehicles with a list of persons whose motor vehicle privileges

  2  have been revoked under this subsection. Neither the

  3  department nor any other person acting as agent thereof shall

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

  5  motor vehicle registration privileges have been revoked, as

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

  7         Section 38.  Subsection (1) of section 832.06, Florida

  8  Statutes, is amended to read:

  9         832.06  Prosecution for worthless checks given tax

10  collector for licenses or taxes; refunds.--

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

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

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

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

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

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

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

18  identification card; any occupational license, beverage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  4  collector swears out the complaint or receives the certificate

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

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

  7  Department of Highway Safety and Motor Vehicles relative to

  8  motor vehicles and vessels, to the Department of Revenue

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

10  to the Division of Alcoholic Beverages and Tobacco of the

11  Department of Business and Professional Regulation relative to

12  beverage licenses, or to the Fish and Wildlife Conservation

13  Game and Fresh Water Fish Commission relative to hunting and

14  fishing licenses, containing a statement of the amount

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

16  information is not signed, the certificate of the state

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

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

19  the sum be forthwith refunded by the appropriate governmental

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

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

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

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

24  certified by him or her be forthwith refunded by the

25  Department of Highway Safety and Motor Vehicles, the

26  Department of Revenue, the Division of Alcoholic Beverages and

27  Tobacco of the Department of Business and Professional

28  Regulation, or the Fish and Wildlife Conservation Game and

29  Fresh Water Fish Commission to the county tax collector.

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

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

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  1  the Division of Alcoholic Beverages and Tobacco of the

  2  Department of Business and Professional Regulation, or the

  3  Fish and Wildlife Conservation Game and Fresh Water Fish

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

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

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

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

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

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

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

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

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

13  upon the defendant and further certify the amount of the

14  worthless check or draft and the amount of court costs

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

16  collector may file the certificate with the Department of

17  Highway Safety and Motor Vehicles relative to motor vehicles

18  and vessels, with the Department of Revenue relative to

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

20  Division of Alcoholic Beverages and Tobacco of the Department

21  of Business and Professional Regulation relative to beverage

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

23  Fresh Water Fish Commission relative to hunting and fishing

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

25  certified be forthwith refunded by the Department of Highway

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

27  Division of Alcoholic Beverages and Tobacco of the Department

28  of Business and Professional Regulation, or the Fish and

29  Wildlife Conservation Game and Fresh Water Fish Commission to

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

31  the request, the Department of Highway Safety and Motor

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

  2  Beverages and Tobacco of the Department of Business and

  3  Professional Regulation, or the Fish and Wildlife Conservation

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

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

  6  of money so certified to the county tax collector.

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

  8  construed in order to effectively carry out the purposes of

  9  this act in the interest of the public.

10         Section 39.  Sections 370.013, 370.017, 370.032,

11  370.033, 370.034, 370.036, 370.037, 370.038, 370.0606,

12  370.0615, 370.0805, 372.04, 372.061, 373.197, and 403.261,

13  Florida Statutes, and subsection (6) of section 370.021, and

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

15  repealed.

16         Section 40.  This act shall take effect upon becoming a

17  law.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 186

  3

  4  The committee substitute contains the following new
    provisions:
  5
    Section 20.255, F.S., is amended to change the number of
  6  deputy secretaries for the DEP from two to three, provide for
    the offices of Chief of Staff, External Affairs, and
  7  Legislative and Government Affairs, and delete the offices of
    Communication, Water Policy, Ecosystem Planning and
  8  Coordination, and Environmental Education. In addition, the
    Division of Administrative and Technical Services is retitled
  9  as the Division of Administrative Services and obsolete
    provisions relating to the merger of the former Departments of
10  Natural Resources and Environmental Regulation to create the
    Department of Environmental Protection are deleted.
11
    Section 370.0205, F.S., is transferred and renumbered as s.
12  20.2551, F.S., to appropriately place within the Florida
    Statutes the DEP's authorization to create citizen support
13  organizations.

14  Section 20.331, F.S., is amended to clarify that the FWCC will
    follow ch. 120, F.S., provisions when promulgating rules in
15  the performance of its statutory duties and responsibilities

16  Section 259.101, F.S., is amended to conform with the creation
    of the FWCC and clarify that the FWCC will receive 2.9 percent
17  of the Preservation 2000 bond proceeds.

18  Section 270.22, F.S., is amended to provide that rental fees
    from aquaculture leases shall be deposited into the General
19  Inspection Trust Fund of the Department of Agriculture and
    Consumer Services, rather than the Marine Resources
20  Conservation Trust Fund.

21  Section 288.109, F.S., is amended to conform with the creation
    of the FWCC and clarify that the FWCC is integrated into the
22  One-Stop Permitting System.

23  Section 327.54, F.S., is amended to clarify that the FWCC will
    establish safety standards for handling personal watercraft.
24
    Section 328.72, F.S., is amended to clarify that the FWCC will
25  determine the number of noncommercial vessels registered in
    each county annually.
26
    Section 370.021, F.S., is amended to clarify that penalties
27  will be imposed for any violation of ch. 370, F.S., or rule of
    the FWCC relating to the conservation of marine resources.
28
    Section 370.041, F.S., is transferred and renumbered as s.
29  161.242, F.S.

30  Section 370.101, F.S., is amended to conform with the deletion
    of the Division of Marine Resources from the DEP.
31
    Section 370.13, F.S., is amended to provide that the FWCC,
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  1  rather than the DEP, will revoke the stone crab permit of a
    violator of s. 370.13(1)(a), F.S., and clarify that the FWCC
  2  will deactivate the stone crab trap number if the holder fails
    to timely request renewal of the number.
  3
    Section 370.1405, F.S., is amended to reflect that regulation
  4  of the crawfish fishery, including regulation of crawfish
    dealers, together with the imposition of penalties for
  5  untimely reporting of sales, is the responsibilty of the FWCC.

  6  Section 370.16, F.S., is amended to provide that surcharges on
    oyster aquaculture leases will be deposited into the Internal
  7  Improvement Trust Fund, rather than the Marine Resources
    Conservation Trust Fund, and used for specified purposes.
  8  Other changes conform with the deletion of the Division of
    Marine Resources from the DEP.
  9
    In an additional change to s. 370.25, F.S., a provision
10  conferring joint responsibility on the captain or operator of
    a vessel and the vessel's registered owner for violations of
11  s. 370.25(6), F.S., while the vessel is underway is amended to
    exempt the owner from responsibility.
12
    Section 372.021, F.S., is amended to provide that the FWCC may
13  exercise both its  constitutional and statutory powers.

14  Section 372.05, F.S., is amended to clarify that the FWCC is
    headed by an executive director and to delete a requirement
15  that the executive director visit every county in the state at
    least once annually.
16
    Section 372.07, F.S., is amended to provide that the executive
17  director of the FWCC and any designated assistants are peace
    officers having authority to enforce laws relating to marine
18  life.

19  Section 372.105, F.S., is amended to provide that all proceeds
    of the lifetime resident saltwater fishing license fees are to
20  be deposited into the Lifetime Fish and Wildlife Trust Fund.

21  Section 372.121, F.S., is amended to exempt rules and
    regulations relating to marine life from a requirement that
22  the FWCC obtain the consent of the owner or custodian of lands
    and waters to be affected by proposed rules or regulations
23  prior to adoption.

24  Section 372.991, F.S., is amended to clarify that the FWCC
    collects license fees for consumptive uses of wildlife.
25
    Section 373.4149, F.S., is amended to clarify that the FWCC
26  executive director is a member of the Miami-Dade County Lake
    Belt Plan Implementation Committee and may enter into
27  agreements to effectuate the plan.

28  Section 373.41492, F.S., is amended to clarify that the FWCC
    is a member of an interagency committee authorized to approve
29  expenditures for the Lake Belt Mitigation Plan.

30  Section 403.141, F.S., is amended to clarify that the FWCC
    coordinates with the DEP in creating tables of value to be
31  used in assessing damages for fish kills.

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






    Florida Senate - 2000                            CS for SB 186
    312-706D-00




  1  Section 403.707, F.S., is amended to correct a
    cross-reference.
  2
    Section 570.235, F.S., is amended to clarify that the FWCC is
  3  represented on the Pest Exclusion Advisory Committee.

  4  Section 590.02, F.S., is amended to clarify that the executive
    director of the FWCC is a member of an advisory committee
  5  charged with reviewing the program curriculum, course content,
    and scheduling of the Florida Center for Wildfire and Forest
  6  Resources Management Training Program.

  7  Section 832.06, F.S., is amended to provide that the FWCC must
    return to the county tax collector, upon request, license fees
  8  paid to a tax collector by a worthless check.

  9  The list of repealed provisions found in section 12 of Senate
    Bill 186 has been revised. The bill now specifically repeals
10  s. 370.013, F.S., relating to the general function of the DEP,
    s. 370.017, F.S., relating to the responsibilities of the
11  secretary of the DEP; ss. 370.032-370.038, F.S., relating to
    certificates, records, and rules regarding dredge and fill
12  equipment and activities; s. 370.0606, F.S.; relating to the
    appointment of subagents for the sale of saltwater fishing
13  licenses and permits; s. 370.0615, F.S., relating to lifetime
    resident saltwater fishing licenses; s. 370.0805, F.S.;
14  relating to the net ban assistance program; s. 372.061, F.S.,
    relating to meetings of the Game and Fresh Water Fish
15  Commission; s. 373.197, F.S., relating to the outdated
    Kissimmee River Valley and Taylor Creek-Nubbins Slough Basin
16  Restoration Project (circa 1975); s. 403.261, F.S., relating
    to potential rulemaking authority relating to air and water
17  pollution of several outdated agencies (circa 1967) including
    the Game and Fresh Water Fish Commission; subsection (6) of s.
18  370.021, F.S., relating to admissibility of rules; and
    subsection (12) of s. 370.14, relating to the naming of the
19  2-day sport season for spiny lobsters.

20

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22

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24

25

26

27

28

29

30

31

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