House Bill 4031e1

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







                                       CS/HB 4031, First Engrossed



  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  6         impliedly repealed or superseded; repealing s.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         370.031, F.S., relating to a use study of

  8         Choctawhatchee Bay; repealing s. 370.033, F.S.,

  9         relating to intent with respect to obsolete

10         regulation of dredge and fill activities;

11         amending ss. 370.037 and 370.038, F.S.;

12         revising cross references, to conform;

13         repealing s. 370.0805, F.S., relating to the

14         net ban assistance program; amending s.

15         370.135, F.S.; deleting a provision relating to

16         renewal of active blue crab endorsements in

17         1998; repealing s.373.029, F.S., relating to

18         the Southeast River Basins Resources Advisory

19         Board; repealing s. 373.191, F.S., relating to

20         county water conservation projects; amending s.

21         373.033, F.S.; removing a cross reference, to

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

23         relating to applications for interdistrict

24         transfer and use of groundwater which were

25         pending on a specified date; repealing s.

26         373.415(3), F.S., relating to development of a

27         groundwater basin resource availability

28         inventory for the Wekiva River Protection Area;

29         providing an effective date.

30

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


                                  1

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






                                       CS/HB 4031, First Engrossed



  1         Section 1.  Section 370.031, Florida Statutes, is

  2  repealed.

  3         Section 2.  Section 370.033, Florida Statutes, is

  4  repealed.

  5         Section 3.  Paragraph (b) of subsection (1) of section

  6  370.037, Florida Statutes, is amended to read:

  7         370.037  Denial, suspension, or revocation of

  8  certificate.--

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

10  suspend or revoke any certificate on any of the following

11  grounds:

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

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

14  any rule or regulation promulgated thereunder.

15         Section 4.  Section 370.038, Florida Statutes, is

16  amended to read:

17         370.038  Rules and regulations.--The department is

18  authorized to make and adopt reasonable rules, regulations,

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

20  370.034-370.037 370.033-370.037.

21         Section 5.  Section 370.0805, Florida Statutes, is

22  repealed.

23         Section 6.  Subsection (2) of section 370.135, Florida

24  Statutes, is amended to read:

25         370.135  Blue crab; regulation.--

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

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

28  sell blue crabs unless such person holds a valid saltwater

29  products license with a restricted species endorsement and a

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

31  subsection.


                                  2

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






                                       CS/HB 4031, First Engrossed



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

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

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

  4  renewed or replaced.

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

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

  7  member of that person, must request approval of the

  8  endorsement prior to December 31, 1998.

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

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

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

12  endorsement prior to September 30 of each year.

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

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

15  does not request renewal of the endorsement before the

16  applicable dates as specified in this subsection, the

17  commission shall deactivate that endorsement.

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

19  person holding an active blue crab endorsement, the

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

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

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

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

24  with blue crab endorsements issued to their boat registration

25  numbers and who subsequently replace their existing vessels

26  with new vessels shall be permitted to transfer the existing

27  licenses to the new boat registration numbers.

28         Section 7.  Subsection (12) of section 370.14, Florida

29  Statutes, is repealed.

30         Section 8.  Section 373.029, Florida Statutes, is

31  repealed.


                                  3

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






                                       CS/HB 4031, First Engrossed



  1         Section 9.  Section 373.191, Florida Statutes, is

  2  repealed.

  3         Section 10.  Subsection (5) of section 373.033, Florida

  4  Statutes, is amended to read:

  5         373.033  Saltwater barrier line.--

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

  7  specifically to the authority of The board of county

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

  9  water management district, a municipality, or a water district

10  having jurisdiction over an area in which a saltwater barrier

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

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

13  constructing saltwater barrier dams, dikes, and spillways

14  within existing canals and streams in conformity with the

15  purpose and intent of the board in establishing the saltwater

16  barrier line.

17         Section 11.  Subsection (11) of section 373.2295,

18  Florida Statutes, is repealed.

19         Section 12.  Subsection (3) of section 373.415, Florida

20  Statutes, is repealed.

21         Section 13.  This act shall take effect upon becoming a

22  law.

23

24

25

26

27

28

29

30

31


                                  4