House Bill 4031

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    Florida House of Representatives - 2000                HB 4031

        By the Committee on Rules & Calendar and Representative
    Constantine





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         327.53(2)(b) and (8), F.S., relating to

  8         obsolete deadlines for houseboats and nonprofit

  9         corporations to comply with marine sanitation

10         device requirements; repealing s. 370.031,

11         F.S., relating to a use study of Choctawhatchee

12         Bay; repealing s. 370.033, F.S., relating to

13         intent with respect to obsolete regulation of

14         dredge and fill activities; amending ss.

15         370.037 and 370.038, F.S.; revising cross

16         references, to conform; repealing s. 370.0805,

17         F.S., relating to the net ban assistance

18         program; amending s. 370.135, F.S.; deleting a

19         provision relating to renewal of active blue

20         crab endorsements in 1998; repealing s.

21         370.14(12), F.S., relating to the 2-day

22         crawfish sport season; amending s. 370.142,

23         F.S.; deleting obsolete provisions relating to

24         implementation of the spiny lobster trap

25         certificate program; revising cross references,

26         to conform; repealing s. 373.029, F.S.,

27         relating to the Southeast River Basins

28         Resources Advisory Board; repealing s.

29         373.0735, F.S., relating to the staggering of

30         terms of the members of the governing board of

31         the Southwest Florida Water Management

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  1         District; repealing s. 373.191, F.S., relating

  2         to county water conservation projects; amending

  3         s. 373.033, F.S.; removing a cross reference,

  4         to conform; repealing s. 373.2295(11), F.S.,

  5         relating to applications for interdistrict

  6         transfer and use of groundwater which were

  7         pending on a specified date; repealing s.

  8         373.415(3), F.S., relating to development of a

  9         groundwater basin resource availability

10         inventory for the Wekiva River Protection Area;

11         providing an effective date.

12

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

14

15         Section 1.  Paragraph (b) of subsection (2) and

16  subsection (8) of section 327.53, Florida Statutes, are

17  repealed.

18         Section 2.  Section 370.031, Florida Statutes, is

19  repealed.

20         Section 3.  Section 370.033, Florida Statutes, is

21  repealed.

22         Section 4.  Paragraph (b) of subsection (1) of section

23  370.037, Florida Statutes, is amended to read:

24         370.037  Denial, suspension, or revocation of

25  certificate.--

26         (1)  The department may refuse to issue or renew or may

27  suspend or revoke any certificate on any of the following

28  grounds:

29         (b)  Willful disregard or violation of any of the

30  provisions of ss. 370.034 and 370.036 370.033-370.036 or of

31  any rule or regulation promulgated thereunder.

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  1         Section 5.  Section 370.038, Florida Statutes, is

  2  amended to read:

  3         370.038  Rules and regulations.--The department is

  4  authorized to make and adopt reasonable rules, regulations,

  5  and orders necessary to carry out the provisions of ss.

  6  370.034-370.037 370.033-370.037.

  7         Section 6.  Section 370.0805, Florida Statutes, is

  8  repealed.

  9         Section 7.  Subsection (2) of section 370.135, Florida

10  Statutes, is amended to read:

11         370.135  Blue crab; regulation.--

12         (2)  No person shall harvest blue crabs with more than

13  five traps, harvest blue crabs in commercial quantities, or

14  sell blue crabs unless such person holds a valid saltwater

15  products license with a restricted species endorsement and a

16  blue crab endorsement (trap number) issued pursuant to this

17  subsection.

18         (a)  Effective June 1, 1998, and until July 1, 2002, no

19  blue crab endorsement (trap number), except those endorsements

20  that are active during the 1997-1998 fiscal year, shall be

21  renewed or replaced.

22         (b)  In 1998, persons holding an endorsement that was

23  active in the 1997-1998 fiscal year, or an immediate family

24  member of that person, must request approval of the

25  endorsement prior to December 31, 1998.

26         (b)(c)  Effective January 1, 1999, In subsequent years

27  and until July 1, 2002, a trap number holder, or members of

28  his or her immediate family, must request renewal of the

29  endorsement prior to September 30 of each year.

30         (c)(d)  If a person holding an active blue crab

31  endorsement, or a member of that person's immediate family,

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  1  does not request renewal of the endorsement before the

  2  applicable dates as specified in this subsection, the

  3  commission shall deactivate that endorsement.

  4         (d)(e)  In the event of the death or disability of a

  5  person holding an active blue crab endorsement, the

  6  endorsement may be transferred by the person to a member of

  7  his or her immediate family or may be renewed by any person so

  8  designated by the executor of the person's estate.

  9         (e)(f)  Persons who hold saltwater products licenses

10  with blue crab endorsements issued to their boat registration

11  numbers and who subsequently replace their existing vessels

12  with new vessels shall be permitted to transfer the existing

13  licenses to the new boat registration numbers.

14         Section 8.  Subsection (12) of section 370.14, Florida

15  Statutes, is repealed.

16         Section 9.  Subsection (4) of section 370.142, Florida

17  Statutes, is amended to read:

18         370.142  Spiny lobster trap certificate program.--

19         (4)  TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS

20  BOARD.--There is hereby established the Trap Certificate

21  Technical Advisory and Appeals Board. Such board shall

22  consider and advise the commission on disputes and other

23  problems arising from the implementation of the spiny lobster

24  trap certificate program.  The board may also provide

25  information to the commission on the operation of the trap

26  certificate program.

27         (a)  The board shall consist of the executive director

28  of the commission or designee and nine other members appointed

29  by the executive director, according to the following

30  criteria:

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  1         1.  All appointed members shall be certificateholders,

  2  but two shall be holders of fewer than 100 certificates, two

  3  shall be holders of at least 100 but no more than 750

  4  certificates, three shall be holders of more than 750 but not

  5  more than 2,000 certificates, and two shall be holders of more

  6  than 2,000 certificates.

  7         2.  At least one member each shall come from Broward,

  8  Dade, and Palm Beach Counties; and five members shall come

  9  from the various regions of the Florida Keys.

10         3.  At least one appointed member shall be a person of

11  Hispanic origin capable of speaking English and Spanish.

12         (b)  The term of each appointed member shall be for 4

13  years, and any vacancy shall be filled for the balance of the

14  unexpired term with a person of the qualifications necessary

15  to maintain the requirements of paragraph (a). There shall be

16  no limitation on successive appointments to the board.

17         (c)  The executive director of the commission or

18  designee shall serve as a member and shall call the

19  organizational meeting of the board. The board shall annually

20  elect a chair and a vice chair. There shall be no limitation

21  on successive terms that may be served by a chair or vice

22  chair. The board shall meet at the call of its chair, at the

23  request of a majority of its membership, at the request of the

24  commission, or at such times as may be prescribed by its

25  rules. A majority of the board shall constitute a quorum, and

26  official action of the board shall require a majority vote of

27  the total membership of the board present at the meeting.

28         (d)  The procedural rules adopted by the board shall

29  conform to the requirements of chapter 120.

30         (e)  Members of the board shall be reimbursed for per

31  diem and travel expenses as provided in s. 112.061.

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  1         (f)  Upon reaching a decision on any dispute or problem

  2  brought before it, including any decision involving the

  3  allotment of certificates under paragraph (g), the board shall

  4  submit such decision to the executive director of the

  5  commission for final approval. The executive director of the

  6  commission may alter or disapprove any decision of the board,

  7  with notice thereof given in writing to the board and to each

  8  party in the dispute explaining the reasons for the

  9  disapproval. The action of the executive director of the

10  commission constitutes final agency action.

11         (g)  In addition to those certificates allotted

12  pursuant to the provisions of subparagraph (2)(a)1., up to

13  125,000 certificates may be allotted by the board to settle

14  disputes or other problems arising from implementation of the

15  trap certificate program during the 1992-1993 and 1993-1994

16  license years.  Any certificates not allotted by March 31,

17  1994, shall become permanently unavailable and shall be

18  considered as part of the 1994-1995 reduction schedule.  All

19  appeals for additional certificates or other disputes must be

20  filed with the board before October 1, 1993.

21         (g)(h)  Any trap certificates issued by the Department

22  of Environmental Protection and, effective July 1, 1999, the

23  commission as a result of the appeals process must be added to

24  the existing number of trap certificates for the purposes of

25  determining the total number of certificates from which the

26  subsequent season's trap reduction is calculated.

27         (i)  On and after July 1, 1994, the board shall no

28  longer consider and advise the Fish and Wildlife Conservation

29  Commission on disputes and other problems arising from

30  implementation of the trap certificate program nor allot any

31  certificates with respect thereto.

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  1         Section 10.  Section 373.029, Florida Statutes, is

  2  repealed.

  3         Section 11.  Section 373.0735, Florida Statutes, is

  4  repealed.

  5         Section 12.  Section 373.191, Florida Statutes, is

  6  repealed.

  7         Section 13.  Subsection (5) of section 373.033, Florida

  8  Statutes, is amended to read:

  9         373.033  Saltwater barrier line.--

10         (5)  The provisions of s. 373.191 shall apply

11  specifically to the authority of The board of county

12  commissioners of a county, or to the governing board of a

13  water management district, a municipality, or a water district

14  having jurisdiction over an area in which a saltwater barrier

15  line is established, may to expend funds from any available

16  whatever source may be available to them for the purpose of

17  constructing saltwater barrier dams, dikes, and spillways

18  within existing canals and streams in conformity with the

19  purpose and intent of the board in establishing the saltwater

20  barrier line.

21         Section 14.  Subsection (11) of section 373.2295,

22  Florida Statutes, is repealed.

23         Section 15.  Subsection (3) of section 373.415, Florida

24  Statutes, is repealed.

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

26  law.

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    Florida House of Representatives - 2000                HB 4031

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  2                          HOUSE SUMMARY

  3
      Repeals various statutory provisions that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals or deletes provisions relating to obsolete
      deadlines for houseboats and nonprofit corporations to
  6    comply with marine sanitation device requirements; a use
      study of Choctawhatchee Bay; intent with respect to
  7    obsolete regulation of dredge and fill activities; the
      net ban assistance program; renewal of active blue crab
  8    endorsements in 1998; the 2-day crawfish sport season;
      implementation of the spiny lobster trap certificate
  9    program; the Southeast River Basins Resources Advisory
      Board; the staggering of terms of the members of the
10    governing board of the Southwest Florida Water Management
      District; county water conservation projects;
11    applications for interdistrict transfer and use of
      groundwater which were pending on July 11, 1987; and
12    development of a groundwater basin resource availability
      inventory for the Wekiva River Protection Area.
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