Senate Bill 0240c1

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    Florida Senate - 2000                            CS for SB 240

    By the Committee on Natural Resources and Senators Bronson and
    Jones




    312-1689C-00

  1                      A bill to be entitled

  2         An act relating to marine resources; amending

  3         s. 370.021, F.S.; providing penalties for

  4         illegal buying and selling of marine products;

  5         revising violations and penalties; amending s.

  6         370.06, F.S.; eliminating a credit toward a

  7         holder's saltwater products license if the

  8         holder has an Apalachicola Bay oyster

  9         harvesting license; requiring the denial of

10         license renewal or issuance to those having

11         unpaid fees, assessments, or fines; amending s.

12         370.13, F.S.; providing for fees and equitable

13         rent related to stone crabs; prohibiting the

14         acquisition of vested rights; providing

15         penalties; amending s. 370.135, F.S.; providing

16         penalties for theft from a blue crab trap;

17         amending s. 370.14, F.S.; conforming a

18         statutory cross-reference; amending s. 370.142,

19         F.S.; requiring the Board of Trustees of the

20         Internal Improvement Trust Fund to approve a

21         rule establishing equitable rent in the

22         crawfish fishing if the rule is developed;

23         waiving certificate transfer fees and

24         surcharges when the transfer is within the

25         immediate family due to death or disability;

26         providing a penalty for theft from a crawfish

27         trap; providing penalties; conforming

28         cross-references; amending s. 370.143, F.S.;

29         waiving a trap retrieval fee for specified

30         licenseholders; requiring the payment of fees

31         before license and endorsement renewal; waiving

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    Florida Senate - 2000                            CS for SB 240
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  1         trap retrieval fees if the Governor declares a

  2         disaster emergency area; amending s. 370.15,

  3         F.S.; eliminating a requirement for

  4         noncommercial net registration; amending s.

  5         370.153, F.S.; providing that noncommercial

  6         trawling must be authorized by the Fish and

  7         Wildlife Conservation Commission; amending s.

  8         370.25, F.S.; providing that the artificial

  9         reef program is created within the Fish and

10         Wildlife Conservation Commission; eliminating

11         criteria for allocation of funds; revising

12         requirements for artificial reef material and

13         for emplacement of artificial reef material;

14         limiting funding to specified corporations;

15         providing requirements for the storage,

16         possession, and transport of artificial reef

17         materials; revising permit requirements;

18         providing a felony penalty; eliminating a

19         provision holding a non-operating registered

20         vessel owner responsible for violations;

21         providing appropriations; providing an

22         effective date.

23

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

25

26         Section 1.  Paragraphs (b) and (i) of subsection (2)

27  and subsection (5) of section 370.021, Florida Statutes, are

28  amended, and paragraph (o) is added to subsection (2) of that

29  section to read:

30         370.021  Administration; rules, publications, records;

31  penalties; injunctions.--

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    Florida Senate - 2000                            CS for SB 240
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  1         (2)  MAJOR VIOLATIONS.--In addition to the penalties

  2  provided in paragraphs (1)(a) and (b), the court shall assess

  3  additional penalties against any person, firm, or corporation

  4  convicted of major violations as follows:

  5         (b)  For a violation involving the taking or harvesting

  6  of shrimp from a nursery or other prohibited area, or any two

  7  violations within a 12-month period involving shrimping gear,

  8  minimum size (count), or season, an additional penalty of $10

  9  for each pound of illegal shrimp or part thereof.

10         (i)  Permits issued to any person, firm, or corporation

11  by the commission to take or harvest saltwater products, or

12  any license issued pursuant to s. 370.06 or s. 370.07 may be

13  suspended or revoked by the commission, pursuant to the

14  provisions and procedures of s. 120.60, for any major

15  violation prescribed in this subsection:

16         1.  Upon a first conviction for a major violation, for

17  up to 30 calendar days.

18         2.1.  Upon a second conviction for a violation which

19  occurs within 12 months after a prior violation, for up to 90

20  calendar 60 days.

21         3.2.  Upon a third conviction for a violation which

22  occurs within 24 months after a prior violation, for up to 180

23  calendar days.

24         4.3.  Upon a fourth conviction for a violation which

25  occurs within 36 months after a prior violation, for a period

26  of 6 months to 3 years.

27         (o)  For a violation involving the taking or harvesting

28  of any marine life species, as those species are defined by

29  rule of the commission, the harvest of which is prohibited, or

30  the taking or harvesting of such a species out of season, or

31  with an illegal gear or chemical, or any violation involving

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    Florida Senate - 2000                            CS for SB 240
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  1  the possession of 25 or more individual specimens of marine

  2  life species, or any combination of violations in any 3-year

  3  period involving more than 70 such specimens in the aggregate,

  4  the suspension or revocation of the license holder's marine

  5  life endorsement as provided in paragraph (i).

  6         (5)  BUYING SALTWATER PRODUCTS FROM UNLICENSED

  7  SELLER.--In addition to being subject to other penalties

  8  provided in this chapter, any violation of s. 370.06 or s.

  9  370.07, or rules of the commission implementing s. 370.06 or

10  s. 370.07, involving the purchase of buying saltwater products

11  by a commercial wholesale dealer, retail dealer, or restaurant

12  facility for public consumption from an unlicensed person,

13  firm, or corporation, or the sale of saltwater products by an

14  unlicensed person, firm, or corporation to a commercial

15  wholesale dealer, retail dealer, or restaurant facility for

16  public consumption, shall be a major violation, and the

17  commission may assess the following penalties:

18         (a)  For a first violation, the commission may assess a

19  civil penalty of up to $2,500 and may suspend the wholesale or

20  retail dealer's license privileges for up to 90 calendar days.

21         (b)  For a second violation occurring within 12 months

22  of a prior violation, the commission may assess a civil

23  penalty of up to $5,000 and may suspend the wholesale or

24  retail dealer's license privileges for up to 180 calendar

25  days.

26         (c)  For a third or subsequent violation occurring

27  within a 24-month period, the commission shall assess a civil

28  penalty of $5,000 and shall suspend the wholesale or retail

29  dealer's license privileges for up to 24 months.

30

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    Florida Senate - 2000                            CS for SB 240
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  1  Any proceeds from the civil penalties assessed pursuant to

  2  this subsection shall be deposited into the Marine Resources

  3  Conservation Trust Fund and shall be used as follows:  40

  4  percent for administration and processing purposes and 60

  5  percent for law enforcement purposes.

  6         Section 2.  Subsection (5) of section 370.06, Florida

  7  Statutes, is amended, and subsection (9) is added to that

  8  section, to read:

  9         370.06  Licenses.--

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

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

12  definitions shall apply:

13         1.  "Person" means an individual.

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

15         a.  Continuously resided in this state for 6 months

16  immediately preceding the making of his or her application for

17  an Apalachicola Bay oyster harvesting license; or

18         b.  Established a domicile in this state and evidenced

19  that domicile as provided in s. 222.17.

20         (b)  No person shall harvest oysters from the

21  Apalachicola Bay without a valid Apalachicola Bay oyster

22  harvesting license issued by the Department of Agriculture and

23  Consumer Services. This requirement shall not apply to anyone

24  harvesting noncommercial quantities of oysters in accordance

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

26  person less than 18 years old.

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

28  oyster harvesting license shall submit an annual fee for the

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

30  year preceding the license year for which the license is

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

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    Florida Senate - 2000                            CS for SB 240
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  1  period shall result in a $500 late fee being imposed before

  2  issuance of the license.

  3         (d)  The Department of Agriculture and Consumer

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

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

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

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

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

  9  fide residents of Florida may obtain a resident license

10  pursuant to this subsection.

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

12  oyster harvesting license shall, before receiving the license,

13  attend an educational seminar of not more than 16 hours

14  length, developed and conducted jointly by the Apalachicola

15  National Estuarine Research Reserve, the Division of Law

16  Enforcement of the Fish and Wildlife Conservation Commission,

17  and the Department of Agriculture and Consumer Services'

18  Apalachicola District Shellfish Environmental Assessment

19  Laboratory. The seminar shall address, among other things,

20  oyster biology, conservation of the Apalachicola Bay, sanitary

21  care of oysters, small business management, and water safety.

22  The seminar shall be offered five times per year, and each

23  person attending shall receive a certificate of participation

24  to present when obtaining an Apalachicola Bay oyster

25  harvesting license.

26         (f)  Each person, while harvesting oysters in

27  Apalachicola Bay, shall have in possession a valid

28  Apalachicola Bay oyster harvesting license, or proof of having

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

30  shall produce such license or proof of application upon

31  request of any law enforcement officer.

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    Florida Senate - 2000                            CS for SB 240
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  1         (g)  Each person who obtains an Apalachicola Bay oyster

  2  harvesting license shall prominently display the license

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

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

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

  6  identifiable from the air and water. Only one vessel

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

  8  may harvest oysters from the vessel of another licensee.

  9         (h)  Any person holding an Apalachicola Bay oyster

10  harvesting license shall receive credit for the license fee

11  against the saltwater products license fee.

12         (h)(i)  The proceeds from Apalachicola Bay oyster

13  harvesting license fees shall be deposited in the General

14  Inspection Trust Fund and, less reasonable administrative

15  costs, shall be used or distributed by the Department of

16  Agriculture and Consumer Services for the following purposes

17  in Apalachicola Bay:

18         1.  Relaying and transplanting live oysters.

19         2.  Shell planting to construct or rehabilitate oyster

20  bars.

21         3.  Education programs for licensed oyster harvesters

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

23  sanitation, resource conservation, small business management,

24  marketing, and other relevant subjects.

25         4.  Research directed toward the enhancement of oyster

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

27  bay.

28         (i)(j)  Any person who violates any of the provisions

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

30  second degree, punishable as provided in ss. 775.082 and

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    Florida Senate - 2000                            CS for SB 240
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  1  775.083. Nothing in this subsection shall limit the

  2  application of existing penalties.

  3         (j)(k)  Any oyster harvesting license issued pursuant

  4  to this subsection must be in compliance with the rules of the

  5  Fish and Wildlife Conservation Commission regulating gear or

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

  7  taking of saltwater species.

  8         (9)  DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The

  9  commission shall deny the renewal or issuance of any saltwater

10  products license, wholesale dealer license, or retail dealer

11  license to anyone that has unpaid fees, civil assessments, or

12  fines owed to the commission.

13         Section 3.  Section 370.13, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

16         s. 370.13, F.S., for present text.)

17         370.13  Stone crab; regulation.--

18         (1)  FEES AND EQUITABLE RENT.--

19         (a)  Endorsement fee.--The fee for a stone crab

20  endorsement for the taking of stone crabs as required by rule

21  of the Fish and Wildlife Conservation Commission, is $125, $25

22  of which must be used solely for trap retrieval under s.

23  370.143.

24         (b)  Certificate fees.--

25         1.  For each trap certificate issued by the commission

26  under the requirements of the stone crab trap limitation

27  program established by commission rule, there is an annual fee

28  of $.50 per certificate. Replacement tags for lost or damaged

29  tags cost $.50 each, except that tags lost because of a major

30  storm emergency as declared by the Governor, shall be replaced

31  for the cost of the tag as incurred by the commission.

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  1         2.  Except for transfers to eligible crew members as

  2  determined according to criteria established by rule of the

  3  commission, the fee for transferring certificates is $2 per

  4  certificate transferred to be paid by the purchaser of the

  5  certificate or certificates. The transfer fee for eligible

  6  crew members is $1 per certificate. Payment must be made by

  7  money order or cashier's check, submitted with the certificate

  8  transfer form developed by the commission. In addition to the

  9  transfer fee, a surcharge of $2 per certificate transferred,

10  or 25 percent of the actual value of the transferred

11  certificate, whichever is greater, will be assessed the first

12  time a certificate is transferred outside the original

13  holder's immediate family. Transfer fees and surcharges only

14  apply to the actual number of certificates received by the

15  purchaser. A transfer of a certificate is not effective until

16  the commission receives a notarized copy of the bill of sale

17  as proof of the actual value of the transferred certificate or

18  certificates, which must also be submitted with the transfer

19  form and payment. A transfer fee will not be assessed or

20  required when the transfer is within a family as a result of

21  the death or disability of the certificate owner. A surcharge

22  will not be assessed for any transfer within an individual's

23  immediate family.

24         (c)  Incidental take endorsement.--The cost of an

25  incidental take endorsement, as established by commission

26  rule, is $25.

27         (d)  Equitable rent.--The commission may establish by

28  rule an amount of equitable rent per trap certificate that may

29  be recovered as partial compensation to the state for the

30  enhanced access to its natural resources. In determining

31  whether to establish such a rent and the amount thereof, the

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    Florida Senate - 2000                            CS for SB 240
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  1  commission may consider the amount of revenues annually

  2  generated by endorsement fees, trap certificate fees, transfer

  3  fees, surcharges, replacement trap tag fees, trap retrieval

  4  fees, incidental take endorsement fees, and the continued

  5  economic viability of the commercial stone crab industry.

  6  Final approval of such a rule shall be by the Governor and

  7  Cabinet sitting as the Board of Trustees of the Internal

  8  Improvement Trust Fund.

  9         (e)  Disposition of fees, surcharges, civil penalties

10  and fines, and equitable rent.--Endorsement fees, trap

11  certificate fees, transfer fees, civil penalties and fines,

12  surcharges, replacement trap tag fees, trap retrieval fees,

13  incidental take endorsement fees, and equitable rent must be

14  deposited in the Marine Resources Conservation Trust

15  Fund.  Not more than 50 percent of the revenues generated

16  under this section may be used for operation and

17  administration of the stone crab trap limitation program.  The

18  remaining revenues generated under this program are to be used

19  for trap retrieval, management of the stone crab fishery,

20  public education activities, evaluation of the impact of trap

21  reductions on the stone crab fishery, and enforcement

22  activities in support of the stone crab trap limitation

23  program.

24         (f)  Program to be self-supporting.--The stone crab

25  trap limitation program is intended to be a self-supporting

26  program funded from proceeds generated under this section.

27         (g)  No vested rights.--The stone crab trap limitation

28  program does not create any vested rights for endorsement or

29  certificateholders and may be altered or terminated by the

30  commission as necessary to protect the stone crab resource,

31  the participants in the fishery, or the public interest.

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  1         (2)  PENALTIES.--For purposes of this subsection,

  2  conviction is any disposition other than acquittal or

  3  dismissal, regardless of whether the violation was adjudicated

  4  under any state or federal law.

  5         (a)  In addition to any other penalties provided in s.

  6  370.021, for any person, firm or corporation convicted of

  7  violating Rule 68B-13.010(2), F.A.C., or Rule 68B-13.011(5),

  8  (6), (7), or (8), F.A.C., the following administrative

  9  penalties apply.

10         1.  For a first violation, the commission shall assess

11  an administrative penalty of up to $1,000 and the stone crab

12  endorsement under which the violation was committed may be

13  suspended for the remainder of the current license year.

14         2.  For a second violation that occurs within 24 months

15  of any previous such violation, the commission shall assess an

16  administrative penalty of up to $2,000 and the stone crab

17  endorsement under which the violation was committed may be

18  suspended for 12 calendar months.

19         3.  For a third violation that occurs within 36 months

20  of any previous two such violations, the commission shall

21  assess an administrative penalty of up to $5,000 and the stone

22  crab endorsement under which the violation was committed may

23  be suspended for 24 calendar months.

24         4.  A fourth violation that occurs within 48 months of

25  any three previous such violations, shall result in permanent

26  revocation of all of the violator's saltwater fishing

27  privileges, including having the commission proceed against

28  the endorsement holder's saltwater products license in

29  accordance with s. 370.021.

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  1  Any person assessed an administrative penalty under this

  2  paragraph shall, within 30 calendar days after notification,

  3  pay the administrative penalty to the commission, or request

  4  an administrative hearing under s. 120.569 and s. 120.57.  The

  5  proceeds of all administrative penalties collected under this

  6  paragraph shall be deposited in the Marine Resource

  7  Conservation Trust Fund.

  8         (b)  It is unlawful for any person to remove the

  9  contents of another harvester's trap without the express

10  written consent of the trap owner available for immediate

11  inspection.  Such unauthorized removal constitutes theft. Any

12  person convicted of theft from a trap shall, in addition to

13  the penalties specified in s. 370.021 and the provisions of

14  this section, permanently lose his or her saltwater products

15  license, stone crab or incidental take endorsement, and all

16  trap certificates allotted to him or her by the commission. In

17  such cases, trap certificates and endorsements are

18  nontransferable. In addition, any person convicted of

19  violating the prohibitions referenced in this paragraph shall

20  also be assessed an administrative penalty of up to $5,000.

21  Immediately before and during the period of suspension or

22  revocation of the endorsement, that person is prohibited from

23  transferring any stone crab certificates.

24         (c)  Any person convicted of violating commission rules

25  that prohibit any of the following, commits a felony of the

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

27  775.083, or s. 775.084.

28         1.  The willful molestation of any stone crab trap,

29  line, or buoy that is the property of any licenseholder,

30  without the permission of that licenseholder.

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  1         2.  The bartering, trading, or sale, or conspiring or

  2  aiding in such barter, trade, or sale, or supplying, agreeing

  3  to supply, aiding in supplying, or giving away stone crab trap

  4  tags or certificates unless the action is duly authorized by

  5  the commission as provided by commission rules.

  6         3.  The making, altering, forging, counterfeiting, or

  7  reproducing of stone crab trap tags.

  8         4.  Possession of forged, counterfeit, or imitation

  9  stone crab trap tags.

10         5.  Engaging in the commercial harvest of stone crabs

11  during the time either of the endorsements is under suspension

12  or revocation.

13

14  In addition, any person convicted of violating subparagraph 1.

15  shall also be assessed an administrative penalty of up to

16  $5,000, and the incidental take endorsement or the stone crab

17  endorsement under which the violation was committed may be

18  suspended for up to 24 calendar months. Immediately before and

19  during the period of suspension of the endorsement, that

20  person is prohibited from transferring any stone crab

21  certificates.

22         (d)  For any person convicted of fraudulently reporting

23  the actual value of transferred stone crab certificates, the

24  commission may automatically suspend or permanently revoke the

25  seller's or the purchaser's stone crab endorsements. If the

26  endorsement is permanently revoked, the commission shall also

27  permanently deactivate the endorsement holder's stone crab

28  certificate accounts. Whether an endorsement is suspended or

29  revoked, the commission may also levy a fine against the

30  holder of the endorsement of up to twice the appropriate

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  1  surcharge to be paid based on the fair market value of the

  2  transferred certificates.

  3         (e)  During any period of suspension or revocation of

  4  an endorsement holder's endorsement, he or she shall remove

  5  all traps subject to that endorsement from the water within 15

  6  days after notice provided by the commission. Failure to do so

  7  will extend the period of suspension or revocation for an

  8  additional 6 calendar months.

  9         (f)  An endorsement will not be renewed until all fees

10  and administrative penalties imposed under this section are

11  paid.

12         Section 4.  Subsection (1) of section 370.135, Florida

13  Statutes, is amended to read:

14         370.135  Blue crab; regulation.--

15         (1)  No person, firm, or corporation shall transport on

16  the water, fish with or cause to be fished with, set, or place

17  any trap designed for taking blue crabs unless such person,

18  firm, or corporation is the holder of a valid saltwater

19  products license issued pursuant to s. 370.06 and the trap has

20  a current state number permanently attached to the buoy. The

21  trap number shall be affixed in legible figures at least 1

22  inch high on each buoy used. The saltwater products license

23  must be on board the boat, and both the license and the crabs

24  shall be subject to inspection at all times.  Only one trap

25  number may be issued for each boat by the commission upon

26  receipt of an application on forms prescribed by it.  This

27  subsection shall not apply to an individual fishing with no

28  more than five traps.  It is a felony of the third degree,

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

30  775.084, for any person willfully to molest any traps, lines,

31  or buoys, as defined herein, belonging to another without

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  1  permission of the licenseholder. It is unlawful for any person

  2  to remove the contents of another harvester's trap without the

  3  express written consent of the trap owner available for

  4  immediate inspection. Such unauthorized removal constitutes

  5  theft. Any person convicted of theft from a trap shall, in

  6  addition to the penalties specified in s. 370.021 and the

  7  provisions of this section, permanently lose his or her

  8  saltwater products license and blue crab endorsement. In those

  9  cases endorsements are nontransferable.

10         Section 5.  Subsection (2) of section 370.14, Florida

11  Statutes, is amended to read:

12         370.14  Crawfish; regulation.--

13         (2)(a)  Each trap used for taking or attempting to take

14  crawfish must have a trap number permanently attached to the

15  trap and the buoy. This trap number may be issued by the Fish

16  and Wildlife Conservation Commission upon the receipt of

17  application by the owner of the traps and accompanied by the

18  payment of a fee of $100. The design of the applications and

19  of the trap number shall be determined by the commission. Any

20  trap or device used in taking or attempting to take crawfish,

21  other than a trap with the trap number attached as prescribed

22  in this paragraph, shall be seized and destroyed by the

23  commission. The proceeds of the fees imposed by this paragraph

24  shall be deposited and used as provided in paragraph (b). The

25  commission may adopt is authorized to promulgate rules and

26  regulations to carry out the intent of this section.

27         (b)  Fees collected pursuant to paragraph (a) shall be

28  deposited as follows:

29         1.  Fifty percent of the fees collected shall be

30  deposited in the Marine Resources Conservation Trust Fund for

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  1  use in enforcing the provisions of paragraph (a) through

  2  aerial and other surveillance and trap retrieval.

  3         2.  Fifty percent of the fees collected shall be

  4  deposited as provided in s. 370.142(6) s. 370.142(5).

  5         Section 6.  Subsection (2) of section 370.142, Florida

  6  Statutes, is amended, to read:

  7         370.142  Spiny lobster trap certificate program.--

  8         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

  9  PENALTIES.--The Fish and Wildlife Conservation Commission

10  shall establish a trap certificate program for the spiny

11  lobster fishery of this state and shall be responsible for its

12  administration and enforcement as follows:

13         (a)  Transferable trap certificates.--Each holder of a

14  saltwater products license who uses traps for taking or

15  attempting to take spiny lobsters shall be required to have a

16  certificate on record for each trap possessed or used

17  therefor, except as otherwise provided in this section.

18         1.  The Department of Environmental Protection shall

19  initially allot such certificates to each licenseholder with a

20  current crawfish trap number who uses traps.  The number of

21  such certificates allotted to each such licenseholder shall be

22  based on the trap/catch coefficient established pursuant to

23  trip ticket records generated under the provisions of s.

24  370.06(2)(a) over a 3-year base period ending June 30, 1991.

25  The trap/catch coefficient shall be calculated by dividing the

26  sum of the highest reported single license-year landings up to

27  a maximum of 30,000 pounds for each such licenseholder during

28  the base period by 700,000. Each such licenseholder shall then

29  be allotted the number of certificates derived by dividing his

30  or her highest reported single license-year landings up to a

31  maximum of 30,000 pounds during the base period by the

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  1  trap/catch coefficient. Nevertheless, no licenseholder with a

  2  current crawfish trap number shall be allotted fewer than 10

  3  certificates. However, certificates may only be issued to

  4  individuals; therefore, all licenseholders other than

  5  individual licenseholders shall designate the individual or

  6  individuals to whom their certificates will be allotted and

  7  the number thereof to each, if more than one. After initial

  8  issuance, trap certificates are transferable on a market basis

  9  and may be transferred from one licenseholder to another for a

10  fair market value agreed upon between the transferor and

11  transferee. Each such transfer shall, within 72 hours thereof,

12  be recorded on a notarized form provided for that purpose by

13  the Fish and Wildlife Conservation Commission and hand

14  delivered or sent by certified mail, return receipt requested,

15  to the commission for recordkeeping purposes. In addition, in

16  order to cover the added administrative costs of the program

17  and to recover an equitable natural resource rent for the

18  people of the state, a transfer fee of $2 per certificate

19  transferred shall be assessed against the purchasing

20  licenseholder and sent by money order or cashier's check with

21  the certificate transfer form. Also, in addition to the

22  transfer fee, a surcharge of $5 per certificate transferred or

23  25 percent of the actual market value, whichever is greater,

24  given to the transferor shall be assessed the first time a

25  certificate is transferred outside the original transferor's

26  immediate family. No transfer of a certificate shall be

27  effective until the commission receives the notarized transfer

28  form and the transfer fee, including any surcharge, is paid.

29  The commission may establish by rule an amount of equitable

30  rent per trap certificate that shall be recovered as partial

31  compensation to the state for the enhanced access to its

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  1  natural resources. Final approval of such a rule shall be by

  2  the Governor and Cabinet sitting as the Board of Trustees of

  3  the Internal Improvement Fund. In determining whether to

  4  establish such a rent and, if so, the amount thereof, the

  5  commission shall consider the amount of revenues annually

  6  generated by certificate fees, transfer fees, surcharges, trap

  7  license fees, and sales taxes, the demonstrated fair market

  8  value of transferred certificates, and the continued economic

  9  viability of the commercial lobster industry. The proceeds of

10  equitable rent recovered shall be deposited in the Marine

11  Resources Conservation Trust Fund and used by the commission

12  for research, management, and protection of the spiny lobster

13  fishery and habitat. A transfer fee may not be assessed or

14  required when the transfer is within a family as a result of

15  the death or disability of the certificate owner. A surcharge

16  will not be assessed for any transfer within an individual's

17  immediate family.

18         2.  No person, firm, corporation, or other business

19  entity may control, directly or indirectly, more than 1.5

20  percent of the total available certificates in any license

21  year.

22         3.  The commission shall maintain records of all

23  certificates and their transfers and shall annually provide

24  each licenseholder with a statement of certificates held.

25         4.  The number of trap tags issued annually to each

26  licenseholder shall not exceed the number of certificates held

27  by the licenseholder at the time of issuance, and such tags

28  and a statement of certificates held shall be issued

29  simultaneously.

30

31

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  1         5.  Beginning July 1, 2003, and applicable to the

  2  2003-2004 lobster season and thereafter, it is unlawful for

  3  any person to lease lobster trap tags or certificates.

  4         (b)  Trap tags.--Each trap used to take or attempt to

  5  take spiny lobsters in state waters or adjacent federal waters

  6  shall, in addition to the crawfish trap number required by s.

  7  370.14(2), have affixed thereto an annual trap tag issued by

  8  the commission. Each such tag shall be made of durable plastic

  9  or similar material and shall, based on the number of

10  certificates held, have stamped thereon the owner's license

11  number. To facilitate enforcement and recordkeeping, such tags

12  shall be issued each year in a color different from that of

13  each of the previous 3 years. The annual certificate fee shall

14  be $1 per certificate. Replacement tags for lost or damaged

15  tags may be obtained as provided by rule of the commission.

16         (c)  Prohibitions; penalties.--

17         1.  It is unlawful for a person to possess or use a

18  spiny lobster trap in or on state waters or adjacent federal

19  waters without having affixed thereto the trap tag required by

20  this section.  It is unlawful for a person to possess or use

21  any other gear or device designed to attract and enclose or

22  otherwise aid in the taking of spiny lobster by trapping that

23  is not a trap as defined in rule 46-24.006(2), Florida

24  Administrative Code.

25         2.  It is unlawful for a person to possess or use spiny

26  lobster trap tags without having the necessary number of

27  certificates on record as required by this section.

28         3.  It is unlawful for any person to remove the

29  contents of another harvester's trap without the express

30  written consent of the trap owner available for immediate

31  inspection. Such unauthorized removal constitutes theft. Any

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  1  person convicted of theft from a trap shall, in addition to

  2  the penalties specified in ss. 370.021 and 370.14 and the

  3  provisions of this section, permanently lose his or her

  4  saltwater products license, crawfish endorsement, and all trap

  5  certificates allotted to him or her through this program. In

  6  such cases, trap certificates and endorsements are

  7  nontransferable.

  8         4.3.  In addition to any other penalties provided in s.

  9  370.021, a commercial harvester, as defined by rule

10  46-24.002(1), Florida Administrative Code, who violates the

11  provisions of this section, or the provisions relating to

12  traps of chapter 46-24, Florida Administrative Code, shall be

13  punished as follows:

14         a.  If the first violation is for violation of

15  subparagraph 1., or subparagraph 2., or subparagraph 3., the

16  commission shall assess an additional civil penalty of up to

17  $1,000 and the crawfish trap number issued pursuant to s.

18  370.14(2) or (6) may be suspended for the remainder of the

19  current license year. For all other first violations, the

20  commission shall assess an additional civil penalty of up to

21  $500.

22         b.  For a second violation of subparagraph 1., or

23  subparagraph 2., or subparagraph 3. which occurs within 24

24  months of any previous such violation, the commission shall

25  assess an additional civil penalty of up to $2,000 and the

26  crawfish trap number issued pursuant to s. 370.14(2) or (6)

27  may be suspended for the remainder of the current license

28  year.

29         c.  For a third or subsequent violation of subparagraph

30  1., or subparagraph 2., or subparagraph 3. which occurs within

31  36 months of any previous two such violations, the commission

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  1  shall assess an additional civil penalty of up to $5,000 and

  2  may suspend the crawfish trap number issued pursuant to s.

  3  370.14(2) or (6) for a period of up to 24 months or may revoke

  4  the crawfish trap number and, if revoking the crawfish trap

  5  number, may also proceed against the licenseholder's saltwater

  6  products license in accordance with the provisions of s.

  7  370.021(2)(i).

  8         d.  Any person assessed an additional civil penalty

  9  pursuant to this section shall within 30 calendar days after

10  notification:

11         (I)  Pay the civil penalty to the commission; or

12         (II)  Request an administrative hearing pursuant to the

13  provisions of s. 120.60.

14         e.  The commission shall suspend the crawfish trap

15  number issued pursuant to s. 370.14(2) or (6) for any person

16  failing to comply with the provisions of sub-subparagraph d.

17         5.4.a.  It is unlawful for any person to make, alter,

18  forge, counterfeit, or reproduce a spiny lobster trap tag or

19  certificate.

20         b.  It is unlawful for any person to knowingly have in

21  his or her possession a forged, counterfeit, or imitation

22  spiny lobster trap tag or certificate.

23         c.  It is unlawful for any person to barter, trade,

24  sell, supply, agree to supply, aid in supplying, or give away

25  a spiny lobster trap tag or certificate or to conspire to

26  barter, trade, sell, supply, aid in supplying, or give away a

27  spiny lobster trap tag or certificate unless such action is

28  duly authorized by the commission as provided in this chapter

29  or in the rules of the commission.

30         6.5.a.  Any person who violates the provisions of

31  subparagraph 5. subparagraph 4., or any person who engages in

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  1  the commercial harvest, trapping, or possession of spiny

  2  lobster without a crawfish trap number as required by s.

  3  370.14(2) or (6) or during any period while such crawfish trap

  4  number is under suspension or revocation, commits a felony of

  5  the third degree, punishable as provided in s. 775.082, s.

  6  775.083, or s. 775.084.

  7         b.  In addition to any penalty imposed pursuant to

  8  sub-subparagraph a., the commission shall levy a fine of up to

  9  twice the amount of the appropriate surcharge to be paid on

10  the fair market value of the transferred certificates, as

11  provided in subparagraph (a)1., on any person who violates the

12  provisions of sub-subparagraph 5.c 4.c.

13         7.6.  Any certificates for which the annual certificate

14  fee is not paid for a period of 3 years shall be considered

15  abandoned and shall revert to the commission. During any

16  period of trap reduction, any certificates reverting to the

17  commission shall become permanently unavailable and be

18  considered in that amount to be reduced during the next

19  license-year period. Otherwise, any certificates that revert

20  to the commission are to be reallotted in such manner as

21  provided by the commission.

22         8.7.  The proceeds of all civil penalties collected

23  pursuant to subparagraph 4. subparagraph 3. and all fines

24  collected pursuant to sub-subparagraph 6.b. sub-subparagraph

25  5.b. shall be deposited into the Marine Resources Conservation

26  Trust Fund.

27         9.8.  All traps shall be removed from the water during

28  any period of suspension or revocation.

29         (d)  No vested rights.--The trap certificate program

30  shall not create vested rights in licenseholders whatsoever

31  and may be altered or terminated as necessary to protect the

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  1  spiny lobster resource, the participants in the fishery, or

  2  the public interest.

  3         Section 7.  Subsections (2), (3), and (4) of section

  4  370.143, Florida Statutes, are amended to read:

  5         370.143  Retrieval of lobster and stone crab traps

  6  during closed season; commission authority; fees.--

  7         (2)  A retrieval fee of $10 per trap retrieved shall be

  8  assessed trap owners.  However, for persons holding a stone

  9  crab endorsement issued under rule of the Fish and Wildlife

10  Conservation Commission, the retrieval fee shall be waived for

11  the first five traps retrieved. Traps recovered under this

12  program shall become the property of the commission or its

13  contract agent and shall be either destroyed or resold to the

14  original owner.  Revenue from retrieval fees shall be

15  deposited in the Marine Resources Conservation Trust Fund and

16  used for operation of the trap retrieval program.

17         (3)  Payment of all the assessed retrieval fees fee

18  shall be required prior to renewal of the trap owner's

19  saltwater products license and stone crab and or crawfish

20  endorsements trap number as a condition of number renewal.

21  Retrieval fees assessed under this program shall stand in lieu

22  of other penalties imposed for such trap violations.

23         (4)  In the event of a major natural disaster declared

24  as an emergency disaster by the Governor, such as a hurricane

25  or major storm causing massive trap losses, the commission

26  shall waive the trap retrieval fee within the declared

27  emergency disaster area.

28         Section 8.  Subsection (4) of section 370.15, Florida

29  Statutes, is amended to read:

30         370.15  Shrimp; regulation.--

31

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  1         (4)  SHRIMP TRAWLING.--All persons, firms, and

  2  corporations desiring to trawl for shrimp within areas in

  3  which trawling is permitted shall have a noncommercial trawl

  4  or net registration or purchase a saltwater products license

  5  issued to a valid boat registration or in the name of an

  6  individual pursuant to s. 370.06.  The saltwater products

  7  license shall remain on board at all times and is subject to

  8  immediate revocation upon conviction for violation of this

  9  section or when it becomes apparent that the best interests of

10  saltwater conservation will be served by such action.  A

11  noncommercial trawl or net registration must be issued to each

12  net used to take shrimp for noncommercial purposes.  Such net

13  or trawl shall have a corkline measurement of 16 feet or less.

14  Possession of shrimp under a noncommercial registration is

15  limited to 25 pounds while on the water.  Due to the varied

16  habitats and types of bottoms and hydrographic conditions

17  embraced by the open fishing area, the commission shall have

18  the authority to specify and regulate the types of gear that

19  may be used in the different sections of the open areas.

20         Section 9.  Subsections (4) and (5) of section 370.153,

21  Florida Statutes, are amended to read:

22         370.153  Regulation of shrimp fishing; Clay, Duval,

23  Nassau, Putnam, Flagler, and St. Johns Counties.--

24         (4)  DEAD SHRIMP PRODUCTION.--Any person may operate as

25  a commercial dead shrimp producer provided that:

26         (a)  A dead shrimp production permit is procured from

27  the Fish and Wildlife Conservation Commission upon the receipt

28  by the commission of a properly filled out and approved

29  application by a person intending to use a boat, not to exceed

30  35 feet in length in Duval, St. Johns, Putnam, and Clay

31  Counties, and not to exceed 45 feet in length in Nassau

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  1  County, for dead shrimp production within the inland waters of

  2  Nassau County and the inland waters of the St. Johns River of

  3  Duval, Putnam, St. Johns, Flagler, or Clay Counties, which

  4  permit shall cost $250 and shall be required for each vessel

  5  used for dead shrimp production. The design of the application

  6  and permit shall be determined by the Fish and Wildlife

  7  Conservation Commission. The proceeds of the fees imposed by

  8  this paragraph shall be deposited into the account of the

  9  Marine Resources Conservation Trust Fund to be used by the

10  commission for the purpose of enforcement of marine resource

11  laws.

12         (b)  All commercial trawling in the St. Johns River

13  proper shall be restricted to the area north of the Acosta

14  Bridge in Jacksonville and at least 100 yards from the nearest

15  shoreline.

16         (c)  All commercial shrimping activities shall be

17  allowed during daylight hours from Tuesday through Friday each

18  week.

19         (d)  No person holding a dead shrimp production permit

20  issued pursuant to this subsection shall simultaneously hold a

21  permit for noncommercial trawling under the provisions of

22  subsection (5).  The number of permits issued by the

23  commission for commercial trawling or dead shrimp production

24  in any one year shall be limited to those active the number

25  issued in the base year, 1976, and renewed annually since

26  1976.  All permits for dead shrimp production issued pursuant

27  to this section shall be inheritable or transferable to an

28  immediate family member and annually renewable by the holder

29  thereof.  Such inheritance or transfer shall be valid upon

30  being registered with the commission. Each permit All permits

31

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  1  not renewed shall expire and shall not be renewed under any

  2  circumstances.

  3         (e)  It is illegal for any person to sell dead shrimp

  4  caught in the inland waters of Nassau, Duval, Clay, Putnam,

  5  and St. Johns Counties, unless the seller is in possession of

  6  a dead shrimp production license issued pursuant to this

  7  subsection.

  8         (f)  It is illegal for any person to purchase shrimp

  9  for consumption or bait from any seller (with respect to

10  shrimp caught in the inland waters of Nassau, Duval, Clay,

11  Putnam, and St. Johns Counties (St. Johns River)) who does not

12  produce his or her dead shrimp production license prior to the

13  sale of the shrimp.

14         (g)  In addition to any other penalties provided for in

15  this section, any person who violates the provisions of this

16  subsection shall have his or her license revoked by the

17  commission.

18         (h)  The commission shall rename the Dead Shrimp

19  Production License as the Commercial Food Shrimp Production

20  License.

21         (5)  NONCOMMERCIAL TRAWLING.--If noncommercial trawling

22  is authorized by the Fish and Wildlife Conservation

23  Commission, any person may trawl for harvest shrimp in the St.

24  Johns River for his or her own use as food and may trawl for

25  such shrimp under the following conditions:

26         (a)  Each person who desires to trawl for shrimp for

27  use as food shall obtain a noncommercial trawling permit from

28  the local office of the Fish and Wildlife Conservation

29  Commission upon filling out an application on a form

30  prescribed by the commission and upon paying a fee for the

31  permit, which shall cost $50.

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  1         (b)  All trawling shall be restricted to the confines

  2  of the St. Johns River proper in the area north of the Acosta

  3  Bridge in Jacksonville and at least 100 yards from the nearest

  4  shoreline.

  5         (c)  No shrimp caught by a person licensed under the

  6  provisions of this subsection may be sold or offered for sale.

  7         Section 10.  Section 370.25, Florida Statutes, is

  8  amended to read:

  9         370.25  Artificial fishing reef program; construction

10  grants to local governments.--

11         (1)  An artificial fishing reef program is created

12  within the Fish and Wildlife Conservation Commission

13  Department of Environmental Protection to enhance saltwater

14  recreational fishing opportunities and to promote proper

15  management of fisheries resources associated with artificial

16  reefs for the public interest. Under the program, the

17  commission may department shall provide grants, financial

18  assistance, and technical assistance to coastal local

19  governments and nonprofit corporations organizations qualified

20  under s. 501(c)(3) of the Internal Revenue Code for the siting

21  and development of saltwater artificial fishing reefs as well

22  as monitoring and evaluating their recreational, economic, and

23  biological effectiveness. The program may be funded from

24  state, federal, and private contributions.

25         (2)  The commission department may adopt by rule

26  procedures for submitting an a grant application for financial

27  assistance and criteria for allocating available funds.  Such

28  criteria shall include, but not be limited to, the following:

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

30  of the natural reef community currently located in the general

31  vicinity;

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

  2  proposed reef;

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

  4  the proposed reef;

  5         (d)  The commitment of the local government or

  6  authorized nonprofit organization to provide funds or other

  7  support for the development, monitoring, evaluation, and

  8  management of the proposed reef;

  9         (e)  The estimated cost for developing or monitoring

10  the proposed reef;

11         (f)  The stated objectives for developing or evaluating

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

13  these objectives; and

14         (g)  The ability of applicants to conduct artificial

15  reef monitoring projects using established scientific protocol

16  either independently or in collaboration with marine research

17  entities.

18         (3)  The commission may adopt by rule department shall

19  establish criteria for siting, constructing, managing, and

20  evaluating the effectiveness of artificial reefs placed in

21  state or adjacent federal waters, consistent with this

22  section, including the specification of what materials are

23  permissible to use in constructing fishing reefs. All

24  artificial reefs constructed in state or adjacent federal

25  waters must be highly stable and durable, and may be

26  constructed only of concrete, natural rock, prefabricated

27  modules made primarily of concrete or natural rock, or vessels

28  made primarily of ferrous metals. No material shall be

29  permitted to be used as an artificial reef under conditions

30  where 50-year return interval hurricane force storm events in

31  the geographic area of the state where the artificial reef is

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  1  to be constructed could reasonably be expected to cause the

  2  underwater lateral movement of the material off the permitted

  3  reef site, or cause substantial structural failure of the

  4  material. No material shall be permitted to be used as an

  5  artificial reef which has a demonstrated life expectancy in

  6  sea water as a functioning reef community of less than 20

  7  years, or which has not been found to be safe for marine life

  8  and human health by the department. Each artificial reef must

  9  be constructed in a manner that is consistent with the public

10  interest, will not harm the marine environment, and will not

11  adversely impact human health or safety or impede navigation

12  or other traditional uses.

13         (4)  The commission may adopt by rule department shall

14  establish criteria for determining the eligibility of

15  nonprofit corporations organizations qualified under s.

16  501(c)(3) of the Internal Revenue Code to apply for and

17  receive available reef development or evaluation funds. The

18  criteria must include, but are not limited to:

19         (a)  The corporation organization must show proof that

20  it is a nonprofit corporation organization qualified under s.

21  501(c)(3) of the Internal Revenue Code and currently operating

22  in full compliance with United States Internal Revenue Service

23  regulations defining and governing those organizations.

24         (b)  The corporation organization must state in its

25  articles of incorporation or bylaws that one of its objectives

26  is have as one of its principal charges the development or

27  monitoring of saltwater artificial reefs and must agree to use

28  the best science-based management practices available.

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

30  corporation and must have its principal place of business

31  within the state.

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

  2  program shall track all artificial reef development activities

  3  statewide and maintain a computer database of this activity

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

  5  and coordination within the commission department and among

  6  local governments. Any entity that constructs an artificial

  7  reef in state or adjacent federal waters must submit

  8  documentation to the commission of the reef's materials, water

  9  depth, vertical relief, and location, within 30 days following

10  construction. The location of the artificial reef must be

11  documented with a differential global positioning receiver

12  system.

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

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

15  state water outside zones permitted under the terms and

16  conditions defined in any artificial reef the applicable

17  environmental permits issued by the and under United States

18  Department of the Army, Army Corps of Engineers or by the

19  Department of Environmental Protection permits held by the

20  department or a local government.

21         (b)  Store, possess, or transport on or across state

22  waters any materials reasonably suited for artificial reef

23  construction and stored in a manner providing ready access for

24  use and placement as an artificial reef, unless a valid cargo

25  manifest issued by the commission or a commission-certified

26  inspector is onboard the transporting vessel. The manifest

27  will serve as authorization to use a valid permitted site or

28  land-based staging area, will validate that the type of

29  artificial reef construction material being transported is

30  permissible for use at the permitted site, and will describe

31  and quantify the artificial reef material being transported.

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  1  The manifest will also include the latitude and longitude

  2  coordinates of the proposed deployment location, the valid

  3  permit number, and a copy of the permit conditions for the

  4  permitted site. The manifest must be available for inspection

  5  by any authorized law enforcement officer or commission

  6  employee Place in state waters artificial-reef-construction

  7  materials that have not been inspected and approved by the

  8  department or a department-certified inspector.

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

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

11  775.082 or s. 775.083. A subsequent violation of subsection

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

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

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

15  775.084.

16         (b)  If a violation of subsection (6) paragraph (4)(a)

17  or paragraph (6)(a) occurs, a law enforcement officer may

18  terminate a vessel's voyage and order the vessel operator to

19  return immediately to port. Failure or refusal to comply with

20  an order to return to port constitutes a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084. The vessel operator must immediately dispose of

23  the materials on shore according to applicable waste disposal

24  laws.

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

26  is involved in the violation:

27         1.  Is moored at a land-based facility, the registered

28  owner of the vessel is responsible for the violation.

29         2.  Is underway or anchored, the captain or operator of

30  the vessel is and the  registered owner of the vessel are

31  jointly 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 seek the suspension or

  5  revocation of suspend or revoke the vessel registration, and

  6  may revoke existing reef-construction permits, or and other

  7  state marine licenses held by the violator. For the purposes

  8  of this section, conviction includes any judicial disposition

  9  other than acquittal or dismissal.

10         Section 11.  (1)  The sum of $97,049 is appropriated

11  from the commercial saltwater license fee revenues in the

12  Marine Resources Conservation Trust Fund to the Fish and

13  Wildlife Conservation Commission for fiscal year 2000-2001,

14  for four career service positions that are authorized for the

15  commission to implement the stone crab trap limitation

16  program.

17         (2)  The sum of $254,408 is appropriated from the

18  commercial saltwater license fee revenues in the Marine

19  Resources Conservation Trust Fund to the Fish and Wildlife

20  Conservation Commission for program operation, plus the sum of

21  $130,000 to cover the cost of stone crab trap tags in fiscal

22  year 2000-2001, in order to implement the stone crab trap

23  limitation program in fiscal year 2001-2002.

24         Section 12.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                            CS for SB 240
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 240

  3

  4  A new provision provides an additional penalty of $10 for each
    pound of illegal shrimp harvested for any two violations
  5  within a 12 month period which involve gear, minimum size, or
    season. Major violation penalties are also revised to permit
  6  suspension or revocation of any license for up to 30 calendar
    days for a first conviction and up to 90 days for a second
  7  conviction within 12 months of a prior violation.

  8  A new major violation is provided for a violation involving
    the taking or harvesting of any marine life species, as those
  9  species are defined by rule of the Fish and Wildlife
    Conservation Commission (FWCC), the harvest of which is
10  prohibited, or the taking or harvest of such a species out of
    season, or with an illegal gear or chemical, or any violation
11  involving the possession of 25 or more individual specimens of
    marine life species, or any combination of violations in any
12  3-year period involving more than 70 such specimens in the
    aggregate. The penalty is suspension or revocation of the
13  license holder's marine life endorsement as provided in s.
    370.021(2)(i), F.S.
14
    The committee substitute amends s. 370.06, F.S., to delete a
15  provision requiring a holder of an Apalachicola Bay oyster
    harvesting license to receive credit for the license fee
16  against the saltwater products license (SPL) license fee.
    Also, the FWCC is directed to deny the renewal or issuance of
17  any SPL, wholesale dealer license or retail dealer license, to
    anyone who has unpaid fees, civil assessments or fines owed to
18  the commission.

19  The committee substitute no longer creates a stone crab trap
    reduction program; however the committee substitute does
20  contain the same fees to fund the trap reduction program as
    did SB 240, with one change that provides a $1 fee for the
21  transfer of a certificate to an eligible crew member. The
    committee substitute also continues to include the
22  prohibitions and penalties relating to the trap reduction
    program, with the addition of a third degree felony penalty
23  for theft from a trap (the same penalty is also applied to
    theft from a blue crab or lobster trap). Provisions providing
24  for certificate technical advisory and appeals boards have
    also been deleted. The committee substitute now provides that
25  a surcharge will not be charged for a certificate transfer
    within one's immediate family.
26
    Another change clarifies that the stone crab trap limitation
27  program does not create any vested rights for endorsement or
    certificate holders and may be altered or terminated by the
28  commission as necessary to protect the stone crab resource,
    the participants in the fishery, or the public interest.
29
    The committee substitute amends s. 370.142, F.S., to require
30  that, if a rule establishing equitable rent for the crawfish
    fishery is developed, it must be approved by the Board of
31  Trustees of the Internal Improvement Trust Fund. Also, a
    surcharge will not be assessed for a crawfish trap certificate
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    Florida Senate - 2000                            CS for SB 240
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  1  transfer within an individual's immediate family.

  2  The committee substitute amends s. 370.15, F.S., to delete
    requirements for noncommercial net registration as well as a
  3  shrimp bag limit for noncommercial harvesting, and amends s.
    370.153, F.S., to limit the number of permits issued by the
  4  FWCC for commercial trawling or dead shrimp production in the
    St. Johns River in any one year to those active in the base
  5  year, 1976, and renewed annually since 1976 and to clarify
    that all permits for dead shrimp production issued pursuant to
  6  s. 370.153, F.S., are inheritable or transferable to an
    immediate family member and annually renewable by the holder.
  7  This section also clarifies that noncommercial trawling in the
    St. Johns River may only be authorized by rule of FWCC.
  8
    The committee substitute amends s. 370.25, F.S., to revise the
  9  artificial reef program. The amendments delete a reference to
    an artificial fishing reef program and redescribe the program
10  as one to enhance saltwater recreational opportunities. The
    amendments clarify that the program is administered by the
11  FWCC and that recipients of grants and financial and technical
    assistance will be nonprofit corporations, rather than
12  organizations. In addition, criteria for such assistance are
    deleted, as the FWCC will establish criteria by rule. The
13  section requires that all artificial reefs constructed in
    state or adjacent federal waters be highly stable and durable,
14  and may be constructed only of concrete, natural rock,
    prefabricated modules made primarily of concrete or natural
15  rock, or vessels made primarily of ferrous metals. No material
    shall be permitted to be used as an artificial reef under
16  conditions where 50-year return interval storm events in the
    geographic area of the state where the artificial reef is to
17  be constructed could be expected to cause the underwater
    lateral movement of the material off the permitted reef site,
18  or cause substantial structural failure of the material. To
    receive assistance, a nonprofit corporation must state in its
19  articles of incorporation or bylaws that one of its objectives
    is the development or monitoring of saltwater artificial
20  reefs. This section requires that any entity constructing an
    artificial reef in state or adjacent federal waters must
21  submit documentation to the FWCC of the reef's material, water
    depth, vertical relief, and location within 30 days following
22  construction. The location of the artificial reef must be
    documented with a differential global positioning receiver
23  system.

24  The amendments clarify the sources of necessary permits and
    provide that it is unlawful to store, possess, or transport on
25  or across state waters any materials reasonably suited for
    artificial reef construction and stored in a manner providing
26  ready access for use and placement as an artificial reef,
    unless a valid cargo manifest issued by the FWCC or a
27  FWCC-certified inspector is onboard the transporting vessel.
    The manifest will serve as authorization to use a valid
28  permitted site or land-based staging area, will validate that
    the type of a artificial reef construction material being
29  transported is permissible for use at the permitted site, and
    will describe and quantify the artificial reef material being
30  transported. The manifest will also include the latitude and
    longitude coordinates of the proposed deployment location, the
31  valid permit number, and a copy of the permit conditions for
    the permitted site. The manifest must be available for
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    Florida Senate - 2000                            CS for SB 240
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  1  inspection by any authorized law enforcement officer or FWCC
    employee.
  2
    The committee substitute corrects a cross-reference and
  3  provides that failure or refusal to comply with an order to
    return to port when a violation has occurred constitutes a
  4  felony of the third degree, punishable as provided in s.
    775.082, F.S., s. 775.083, F.S., or s. 775.084, F.S.
  5
    Finally, the revisions provide that, if, at the time of the
  6  violation, the vessel that is involved in the violation is
    moored at a land-based facility, the registered owner of the
  7  vessel is responsible for the violation. However, if the
    vessel is underway or anchored, the captain or operator of the
  8  vessel is responsible for the violation.

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