Senate Bill 1912

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



    Florida Senate - 2000        (NP)                      SB 1912

    By Senator Bronson





    18-817A-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to Brevard County; amending

  3         chapter 94-419, Laws of Florida, as amended;

  4         conforming provisions relating to clam

  5         harvesting licenses to the transfer of duties

  6         from the Department of Environmental Protection

  7         to the Fish and Wildlife Conservation

  8         Commission; revising provisions relating to the

  9         use of proceeds from the collection of

10         licensing fees; deleting authority to use a

11         portion of such proceeds for boat launching

12         facilities; requiring moneys to be used for

13         clam resource restoration and enhancement

14         projects; providing an effective date.

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

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18         Section 1.  Chapter 94-419, Laws of Florida, as amended

19  by chapters 96-463, 98-486, and 99-416, Laws of Florida, is

20  amended to read:

21         Section 1.  A person, firm, or corporation may not

22  harvest clams of the genus Mercenaria from the salt waters of

23  Brevard County without a valid clam license issued by the Fish

24  and Wildlife Conservation Commission Department of

25  Environmental Protection and a valid saltwater products

26  license bearing an RS endorsement.

27         Section 2.  (1)  The Fish and Wildlife Conservation

28  Commission Department of Environmental Protection shall issue

29  a resident or nonresident clam license during a 61-day period

30  beginning June 1 of each year, except that in 1994 the 61-day

31  period shall begin on the effective date of this act.  The

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    Florida Senate - 2000        (NP)                      SB 1912
    18-817A-00                                              See HB




  1  term of the license begins on July 1 of the purchase year and

  2  ends on June 30 of the third succeeding year.  The fee for a

  3  resident license is $300, and the fee for a nonresident

  4  license is $1,200. The license is valid only for the

  5  individual licensee to whom it is issued. The nonresident

  6  license must be readily distinguishable from the resident

  7  license.

  8         (2)  Only persons who are bona fide permanent residents

  9  of this state and firms and corporations that are organized

10  under the laws of this state are eligible for the resident

11  license.  A person, firm, or corporation that has had its

12  license to harvest shellfish in this state or any other state

13  suspended or revoked is ineligible for either a resident or

14  nonresident clam license for the duration of that suspension

15  or revocation.  Proof of eligibility must be by means of an

16  affidavit sworn to by the applicant and additional

17  documentation that shows, to the satisfaction of the Fish and

18  Wildlife Conservation Commission Department of Environmental

19  Protection, that the applicant is a natural person permanently

20  residing in this state or is a firm or corporation organized

21  under the laws of this state.

22         (3)  A license may be purchased after the annual 61-day

23  license issuance period upon the payment of an additional

24  $1,200 late fee to the commission department.

25         (4)  Beginning June 1, 1996, no new clam licenses shall

26  be issued by the Department of Environmental Protection or the

27  Fish and Wildlife Conservation Commission until the total

28  number of active and renewed clam licenses for Brevard County

29  falls below 500 for the previous license year.  In any year

30  thereafter, the commission department may issue such

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    Florida Senate - 2000        (NP)                      SB 1912
    18-817A-00                                              See HB




  1  additional new licenses to bring the total number of licenses

  2  issued for Brevard County up to a maximum of 500.

  3         (5)  Any clam licenses not renewed within 6 months

  4  after their expiration date are not eligible for renewal until

  5  additional new licenses also become available.

  6         (6)  Beginning with the 1996-1997 license year, the

  7  Department of Environmental Protection or the Fish and

  8  Wildlife Conservation Commission shall hold, on a semiannual

  9  basis, a required educational seminar of up to 4 hours, but

10  not less than 2 hours, regarding harvesting, health standards,

11  and any other issues appropriate to the health of the clam

12  resources and the clamming industry.  Proof of attendance at

13  one such seminar per year is required before any clam license

14  may be renewed for the 1997-1998 license year or subsequent

15  license years.

16         (7)  On July 1 of each year, the Fish and Wildlife

17  Conservation Commission Department of Environmental Protection

18  will determine if the total number of licenses has fallen

19  below 500. If so, the commission department may issue new

20  licenses under the following stipulations:

21         (a)  First priority will be given to current Brevard

22  County Hard Clam License holders who have missed one of the

23  required educational seminars. Applicants will have a 60-day

24  period beginning July 1 to apply for a new license and

25  complete the missed educational seminar.

26         (b)  Second priority will be given to past Brevard

27  County Hard Clam License holders under this act. Applicants

28  will have a 60-day period beginning September 1 to apply for a

29  new license and complete all missed educational seminars.

30         (c)  Final priority will be on a first-come

31  first-served basis. Applicants will have a 60-day period

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    Florida Senate - 2000        (NP)                      SB 1912
    18-817A-00                                              See HB




  1  beginning November 1 to apply for a new license and complete

  2  all educational seminars.

  3         (d)  New licenses will not be issued between January 1

  4  and June 30 of any year.

  5         Section 3.  Each person, firm, or corporation that

  6  holds a resident or nonresident clam license must produce such

  7  license, along with a valid saltwater products license bearing

  8  an RS endorsement, upon demand of any law enforcement officer,

  9  within a reasonable period of time after the demand is made.

10         Section 4.  (1)  The license required by this act may

11  be issued in the form of an endorsement on the licensee's

12  saltwater products license card. Each person, firm, or

13  corporation that obtains a license under this act must

14  prominently display the license number upon any vessel used,

15  in numbers that are at least 8 inches in height and 1 inch in

16  width and in such manner that the permit number is readily

17  identifiable from both the air and the water. Only one vessel

18  displaying a given number may be used at any time.

19         (2)  Any vessel used for harvesting clams in Brevard

20  County shall have on board a portable or U.S. Coast

21  Guard-approved marine sanitation device having a holding tank

22  and any thru valve shut and fixed in a closed position.

23         (3)  All license holders harvesting clams by swimming

24  at or below the surface of the water and using an underwater

25  breathing apparatus must be certified divers.  A person

26  harvesting clams in such a manner may not use more than 150

27  feet of air hose and must have a diver down flag floating as

28  close by as practical.

29         Section 5.  The proceeds from the collection of license

30  fees or civil penalties under this act, including any late

31  fees, are to be deposited in the Marine Biological Research

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    Florida Senate - 2000        (NP)                      SB 1912
    18-817A-00                                              See HB




  1  Trust Fund of the Fish and Wildlife Conservation Commission

  2  Department of Environmental Protection and, less reasonable

  3  administrative and educational costs, must be appropriated for

  4  the initial testing and reclassification of

  5  shellfish-harvesting waters in Brevard County. A portion of

  6  the proceeds, not more less than 40 percent, must be used to

  7  mark those open and closed waters of Brevard County until all

  8  such waters are so marked. An additional portion of the

  9  proceeds must be used for clam resource restoration and

10  enhancement projects, not to exceed $200,000, may be used as

11  matching funds for the construction of boat-launching

12  facilities in various areas of benefit to and in coordination

13  with the Brevard County clamming industry.  The amount of

14  these matching funds may not exceed 25 percent of the total

15  projected costs of the launching facilities.

16         Section 6.  (1)  A person, firm, or corporation may not

17  ship, transport, or otherwise carry by public or private

18  carrier, vehicle, or vessel, within the limits of Brevard

19  County, whether over the land, on water, or in the air, clams

20  in numbers greater than those allowed by rules of the Fish and

21  Wildlife Conservation Marine Fisheries Commission.

22         (2)  Subsection (1) does not prohibit a certified

23  wholesale or retail dealer, or any person who is employed by

24  such wholesale or retail dealer or is serving such wholesale

25  or retail dealer, from transporting clams, taken lawfully and

26  in lawful amounts, directly to a licensed, certified wholesale

27  or retail dealer or shucking house.  This act does not

28  prohibit the removal and transportation of clams lawfully

29  taken from an authorized clam lease by the leaseholder or his

30  authorized agent.

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    Florida Senate - 2000        (NP)                      SB 1912
    18-817A-00                                              See HB




  1         Section 7.  Except for section 11, this act does not

  2  apply to a natural person possessing or harvesting clams in

  3  noncommercial quantities during open season designated by law

  4  or regulation.

  5         Section 8.  This act shall not apply to any aquaculture

  6  operations licensed pursuant to chapter 370, Florida Statutes.

  7         Section 9.  Any person, firm, or corporation that

  8  violates any of the provisions of this act is guilty of a

  9  misdemeanor of the second degree, punishable as provided in

10  section 775.082 or section 775.083, Florida Statutes.

11         Section 10.  (1)  In addition to being subject to the

12  other penalties provided in this act, a person, firm, or

13  corporation that commits a major violation is subject to the

14  following civil penalties:

15         (a)  For a first major violation within a 7-year

16  period, a civil penalty equal to the wholesale value of the

17  illegal clams and suspension of the clam license for 90 days.

18         (b)  For a second major violation within a 7-year

19  period, a civil penalty of $5,000 and suspension of the clam

20  license for 12 months.

21         (c)  For a third or subsequent major violation within a

22  7-year period, a civil penalty of $5,000, lifetime revocation

23  of the clam license, and forfeiture of all gear and equipment

24  used in the violation.

25         (2)  During any period of license suspension or

26  revocation under this section, the licensee may not fish from

27  any vessel that is harvesting clams.

28         (3)  The Fish and Wildlife Conservation Commission

29  Department of Environmental Protection may bring a civil

30  action to enforce the civil penalties prescribed in this

31  section.

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    Florida Senate - 2000        (NP)                      SB 1912
    18-817A-00                                              See HB




  1         (4)  As used in this section, the term "major

  2  violation" includes:

  3         (a)  The possession of more than one bushel of

  4  undersized clams;

  5         (b)  The harvesting of clams more than  1/4  mile

  6  inside the boundaries of any closed area and at least 24 hours

  7  after that area has been closed; or

  8         (c)  The sale of clams harvested from any waters or

  9  leases that have not been tested and are not open at the time

10  of the harvest.

11         Section 11.  It is unlawful for any person to harvest

12  clams in Brevard County, whether such harvesting is for

13  private use, commercial sale, or relaying, from any submerged

14  land that is within 75 feet of a shoreline of the Indian River

15  or the Banana River which abuts property that is used for

16  residential purposes or within 75 feet of any canal bank.

17         Section 12.  This act shall expire July 1, 2003.

18         Section 2.  This act shall take effect July 1, 2000.

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