House Bill 4031
CODING: Words stricken are deletions; words underlined are additions.
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6 impliedly repealed or superseded; repealing s.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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
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17 repealed.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19 repealed.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.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
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,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
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:
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
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.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
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.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
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.
27
28
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 4031
175-156-00
1 *****************************************
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.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8