House Bill 0601
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Florida House of Representatives - 2000 HB 601
By Representative Bronson
1 A bill to be entitled
2 An act relating to aquaculture; amending s.
3 253.002, F.S.; providing duties of the
4 Department of Agriculture and Consumer Services
5 with respect to certain state lands; amending
6 s. 253.01, F.S.; providing for disposition of
7 fees for aquaculture leases; amending s.
8 253.67, F.S.; revising definitions; amending s.
9 253.71, F.S.; revising aquaculture lease
10 contract fee and performance requirements;
11 amending s. 253.72, F.S.; providing
12 requirements for the marking of leased areas;
13 amending s. 270.22, F.S.; conforming
14 disposition of rental fees for aquaculture
15 leases; amending s. 328.76, F.S.; providing for
16 use of certain commercial vessel registration
17 fees for aquaculture law enforcement and
18 quality control programs; amending s. 370.06,
19 F.S.; deleting authority of the Department of
20 Agriculture and Consumer Services to issue
21 certain special activity licenses under ch.
22 370, F.S.; clarifying requirements relating to
23 the educational seminar for applicants for an
24 Apalachicola Bay oyster harvesting license;
25 amending s. 370.07, F.S.; providing for
26 transfer of responsibilities relating to the
27 Apalachicola Bay oyster surcharge from the
28 Department of Environmental Protection to the
29 Department of Agriculture and Consumer
30 Services; amending s. 370.16, F.S.; revising
31 regulation of noncultured shellfish harvesting;
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1 providing for protection of shellfish and
2 aquaculture products; repealing s. 370.16(1),
3 (2), (3), (4), (5), (6), (7), (8), (9), (10),
4 (11), (13), (16), (17), (19), (22), (24), (25),
5 (26), and (27), F.S., relating to regulation
6 and enforcement of oyster and shellfish leases
7 by the Department of Environmental Protection,
8 protection and development of oyster and
9 shellfish resources, and regulation of
10 processing for commercial use; amending ss.
11 370.161 and 372.071, F.S.; correcting cross
12 references; amending s. 372.6673, F.S.;
13 reducing the alligator egg collection permit
14 fee; requiring collection of a marketing
15 assessment fee for alligator products marketing
16 and education; amending s. 372.6674, F.S.;
17 reducing the fee for issuance of an alligator
18 hide validation tag; requiring collection of a
19 marketing and assessment fee; amending s.
20 373.046, F.S.; reassigning regulatory
21 responsibilities for certain aquaculture
22 activities among the Department of
23 Environmental Protection, the Department of
24 Agriculture and Consumer Services, and the
25 water management districts; amending ss.
26 403.814, 409.2598, and 500.03, F.S.; correcting
27 cross references; amending ss. 570.18 and
28 570.29, F.S.; conforming provisions relating to
29 organization of the Department of Agriculture
30 and Consumer Services; creating s. 570.61,
31 F.S.; providing powers and duties of the
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1 Division of Aquaculture of the Department of
2 Agriculture and Consumer Services; creating s.
3 570.62, F.S.; providing for appointment and
4 duties of a division director; amending s.
5 370.26, F.S.; transferring certain
6 responsibilities relating to aquaculture
7 development from the Department of
8 Environmental Protection to the Department of
9 Agriculture and Consumer Services; amending s.
10 597.004, F.S.; revising provisions relating to
11 aquaculture certificates of registration;
12 providing a preemption for regulation of
13 nonshellfish aquaculture in the state; amending
14 s. 597.0041, F.S.; providing an administrative
15 fine; providing penalties; amending s. 597.006,
16 F.S.; revising membership of the Aquaculture
17 Interagency Coordinating Council; creating s.
18 597.010, F.S.; providing for regulation and
19 enforcement of shellfish leases by the
20 Department of Agriculture and Consumer
21 Services; providing for continuation of leases
22 previously issued under ch. 370, F.S.;
23 providing for rental fees, fee adjustments,
24 late fees, and forfeiture for nonpayment of
25 fees; providing a lease surcharge for certain
26 purposes; providing for rules; providing
27 cultivation requirements for leased lands;
28 restricting the inheriting or transfer of
29 leases; requiring a deposit for investigations
30 relating to petitions for cancellation of
31 leases to natural reefs; providing for
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1 inclusion of natural reefs in leased areas
2 under certain circumstances; restricting leases
3 available in Franklin County; providing
4 prohibitions; providing for shellfish
5 protection and development; providing for
6 special activity licenses for harvest or
7 cultivation of oysters, clams, mussels, and
8 crabs; providing for uncultured shellfish
9 harvesting seasons in Apalachicola Bay;
10 restricting harvest of shellfish by mechanical
11 means; providing a penalty; providing for
12 enhancement of oyster and clam industries by
13 the counties; prohibiting dredging of dead
14 shells; providing for cooperation with the
15 United States Fish and Wildlife Service;
16 providing requirements for vessels harvesting,
17 gathering, or transporting oysters or clams for
18 commercial purposes; providing a definition;
19 renumbering and amending s. 370.071, F.S.,
20 relating to regulation of shellfish processors;
21 providing for a fee for licensure or
22 certification of processing facilities;
23 authorizing an administrative fine for
24 violation of rules relating to regulation of
25 shellfish processors; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 253.002, Florida Statutes, is
31 amended to read:
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1 253.002 Department of Environmental Protection, and
2 water management districts, and Department of Agriculture and
3 Consumer Services; duties with respect to state lands.--
4 (1) The Department of Environmental Protection shall
5 perform all staff duties and functions related to the
6 acquisition, administration, and disposition of state lands,
7 title to which is or will be vested in the Board of Trustees
8 of the Internal Improvement Trust Fund. However, upon the
9 effective date of rules adopted pursuant to s. 373.427, a
10 water management district created under s. 373.069 shall
11 perform the staff duties and functions related to the review
12 of any application for authorization to use board of
13 trustees-owned submerged lands necessary for an activity
14 regulated under part IV of chapter 373 for which the water
15 management district has permitting responsibility as set forth
16 in an operating agreement adopted pursuant to s. 373.046(4);
17 and effective July 1, 2000, the Department of Agriculture and
18 Consumer Services shall perform the staff duties and functions
19 related to the review of applications and compliance with
20 lease conditions for use of board of trustees-owned submerged
21 lands under leases issued pursuant to ss. 253.67-253.75 and s.
22 597.010. Unless expressly prohibited by law, the board of
23 trustees may delegate to the department any statutory duty or
24 obligation relating to the acquisition, administration, or
25 disposition of lands, title to which is or will be vested in
26 the board of trustees. The board of trustees may also delegate
27 to any water management district created under s. 373.069 the
28 authority to take final agency action, without any action on
29 behalf of the board, on applications for authorization to use
30 board of trustees-owned submerged lands for any activity
31 regulated under part IV of chapter 373 for which the water
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1 management district has permitting responsibility as set forth
2 in an operating agreement adopted pursuant to s. 373.046(4).
3 This water management district responsibility under this
4 subsection shall be subject to the department's general
5 supervisory authority pursuant to s. 373.026(7). The board of
6 trustees may also delegate to the Department of Agriculture
7 and Consumer Services the authority to take final agency
8 action on behalf of the board on applications to use board of
9 trustees-owned submerged lands for any activity for which that
10 department has responsibility pursuant to ss. 253.67-253.75
11 and s. 597.010.
12 (2) Delegations to the department, or a water
13 management district, or the Department of Agriculture and
14 Consumer Services of authority to take final agency action on
15 applications for authorization to use submerged lands owned by
16 the board of trustees, without any action on behalf of the
17 board of trustees, shall be by rule. Until rules adopted
18 pursuant to this subsection become effective, existing
19 delegations by the board of trustees shall remain in full
20 force and effect. However, the board of trustees is not
21 limited or prohibited from amending these delegations. By
22 December 31, 1995, the board of trustees shall adopt by rule
23 any delegations of its authority to take final agency action
24 without action by the board of trustees on applications for
25 authorization to use board of trustees-owned submerged lands.
26 Any final agency action, without action by the board of
27 trustees, taken by the department, or a water management
28 district, or the Department of Agriculture and Consumer
29 Services on applications to use board of trustees-owned
30 submerged lands shall be subject to the provisions of s.
31 373.4275. Notwithstanding any other provision of this
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1 subsection, the board of trustees, the Department of Legal
2 Affairs, and the department retain the concurrent authority to
3 assert or defend title to submerged lands owned by the board
4 of trustees.
5 Section 2. Paragraph (b) of subsection (1) of section
6 253.01, Florida Statutes, is amended to read:
7 253.01 Internal Improvement Trust Fund established.--
8 (1)
9 (b) All revenues received from application fees
10 charged by the Division of State Lands for the use in any
11 manner, lease, conveyance, or release of any interest in or
12 for the sale of state lands, except revenues from such fees
13 charged by the Department of Agriculture and Consumer Services
14 for aquaculture leases under ss. s. 253.71(2) and 597.010,
15 must be deposited into the Internal Improvement Trust Fund.
16 The fees charged by the division for reproduction of records
17 relating to state lands must also be placed into the fund.
18 Revenues received by the Department of Agriculture and
19 Consumer Services for aquaculture leases under ss. 253.71(2)
20 and 597.010 shall be deposited in the General Inspection Trust
21 Fund of the Department of Agriculture and Consumer Services.
22 Section 3. Section 253.67, Florida Statutes, is
23 amended to read:
24 253.67 Definitions.--As used in ss. 253.67-253.75:
25 (1) "Aquaculture" means the cultivation of aquatic
26 organisms.
27 (2)(4) "Board" means the Board of Trustees of the
28 Internal Improvement Trust Fund.
29 (3) "Department" means the Department of Agriculture
30 and Consumer Services Environmental Protection.
31
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1 (4)(2) "Water column" means the vertical extent of
2 water, including the surface thereof, above a designated area
3 of submerged bottom land.
4 Section 4. Paragraph (a) of subsection (2) and
5 subsection (4) of section 253.71, Florida Statutes, are
6 amended to read:
7 253.71 The lease contract.--When the board has
8 determined that the proposed lease is not incompatible with
9 the public interest and that the applicant has demonstrated
10 his or her capacity to perform the operations upon which the
11 application is based, it may proceed to consummate a lease
12 contract having the following features in addition to others
13 deemed desirable by the board:
14 (2) RENTAL FEES.--
15 (a) The lease contract shall specify such amount of
16 rental per acre of leased bottom as may be agreed to by the
17 parties and shall take the form of fixed rental to be paid
18 throughout the term of the lease. Beginning January 1, 1990,
19 a surcharge of $5 per acre, or any fraction of an acre, per
20 annum shall be levied upon each lease according to the
21 guidelines set forth in s. 597.010(7) 370.16(4)(b). Beginning
22 January 1, 2001, the surcharge shall be increased to $10 per
23 acre, or any fraction of an acre, per annum.
24 (4) PERFORMANCE REQUIREMENTS.--Failure of the lessee
25 to perform effective cultivation shall constitute ground for
26 cancellation of the lease and forfeiture to the state of all
27 the works, improvements, and animal and plant life in and upon
28 the leased land and water column. Effective cultivation shall
29 consist of the grow out of the aquaculture product according
30 to the business plan provided in the lease contract guidelines
31 set forth in s. 370.16(4)(e).
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1 Section 5. Section 253.72, Florida Statutes, is
2 amended to read:
3 253.72 Marking of leased areas; restrictions on public
4 use.--
5 (1) The board shall require all lessees to stake off
6 and mark the areas under lease according to the conditions of
7 the lease agreement and rules of the board, by appropriate
8 ranges, monuments, stakes, buoys, and fences, so placed as not
9 to interfere unnecessarily with navigation and other
10 traditional uses of the surface. All lessees shall cause the
11 area under lease and the names of the lessees to be shown by
12 signs appropriately placed pursuant to regulations of the
13 board.
14 (2) Except to the extent necessary to permit the
15 effective development of the species of animal or plant life
16 being cultivated by the lessee, the public shall be provided
17 with means of reasonable ingress and egress to and from the
18 leased area for traditional water activities such as boating,
19 swimming, and fishing. All limitations upon the use by the
20 public of the areas under lease that are authorized by the
21 terms of the lease shall be clearly posted by the lessee
22 pursuant to rules regulations by the board. Any person
23 willfully violating posted restrictions commits shall be
24 guilty of a misdemeanor of the second degree, punishable as
25 provided in s. 775.082 or s. 775.083.
26 (3) To assist in protecting shellfish aquaculture
27 products produced on leases authorized pursuant to this
28 chapter and chapter 597 370, harvesting shellfish is
29 prohibited within a distance of 25 feet outside lawfully
30 marked lease boundaries or within setback and access corridors
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1 within specifically designated high-density aquaculture lease
2 areas and aquaculture use zones.
3 Section 6. Subsection (2) of section 270.22, Florida
4 Statutes, is amended to read:
5 270.22 Proceeds of state lands to go into Internal
6 Improvement Trust Fund; exception.--
7 (2) Rental fees for aquaculture leases pursuant to s.
8 253.71(2) shall be deposited into the General Inspection Trust
9 Fund of the Department of Agriculture and Consumer Services
10 Marine Resources Conservation Trust Fund of the Department of
11 Environmental Protection. Such fees generated by
12 shellfish-related aquaculture leases shall be used for
13 shellfish-related aquaculture activities, including research,
14 lease compliance inspections, mapping, and siting.
15 Section 7. Section 328.76, Florida Statutes, is
16 amended to read:
17 328.76 Marine Resources Conservation Trust Fund;
18 vessel registration funds; appropriation and distribution.--
19 (1) Except as otherwise specified and less any
20 administrative costs, all funds collected from the
21 registration of vessels through the Department of Highway
22 Safety and Motor Vehicles and the tax collectors of the state
23 shall be deposited in the Marine Resources Conservation Trust
24 Fund for recreational channel marking; public launching
25 facilities; law enforcement and quality control programs;
26 aquatic weed control; manatee protection, recovery, rescue,
27 rehabilitation, and release; and marine mammal protection and
28 recovery. The funds collected pursuant to s. 328.72(1) shall
29 be transferred as follows:
30 (a) In each fiscal year, an amount equal to $1 for
31 each vessel registered in this state shall be transferred to
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1 the Save the Manatee Trust Fund for manatee and marine mammal
2 research, protection, and recovery in accordance with the
3 provisions of s. 370.12(4)(a).
4 (b) In addition, in each fiscal year, an amount equal
5 to 50 cents for each vessel registered in this state shall be
6 transferred to the Save the Manatee Trust Fund in accordance
7 with the provisions of s. 370.12(4)(b) for use by those
8 facilities approved to rescue, rehabilitate, and release
9 manatees as authorized pursuant to the Fish and Wildlife
10 Service of the United States Department of the Interior.
11 (c) Two dollars from each noncommercial vessel
12 registration fee, except that for class A-1 vessels, shall be
13 transferred to the Invasive Plant Control Trust Fund for
14 aquatic weed research and control.
15 (d) Forty percent of the registration fees from
16 commercial vessels shall be used for law enforcement and
17 quality control programs.
18 (d)(e) Forty percent of the registration fees from
19 commercial vessels shall be transferred to the Invasive Plant
20 Control Trust Fund for aquatic plant research and control.
21 (e) Forty percent of the registration fees from
22 commercial vessels shall be transferred by the Department of
23 Highway Safety and Motor Vehicles, on a monthly basis, to the
24 General Inspection Trust Fund of the Department of Agriculture
25 and Consumer Services. These funds shall be used for shellfish
26 and aquaculture law enforcement and quality control programs.
27 (2) All funds collected pursuant to s. 370.06(2) shall
28 be deposited in the Marine Resources Conservation Trust Fund.
29 Such funds shall be used to pay the cost of implementing the
30 saltwater products license program. Additional proceeds from
31
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1 the licensing revenue shall be distributed among the following
2 program functions:
3 (a) No more than 15 percent shall go to marine law
4 enforcement;
5 (b) Twenty-five No more than 25 percent shall go to
6 the Florida Saltwater Products Promotion Trust Fund within the
7 Department of Agriculture and Consumer Services for the
8 purpose of providing marketing and extension services
9 including industry information and education; and
10 (c) The remainder shall go to the Fish and Wildlife
11 Conservation Commission, for use in marine research and
12 statistics development, including quota management.
13 Section 8. Paragraph (c) of subsection (4) and
14 paragraph (e) of subsection (5) of section 370.06, Florida
15 Statutes, are amended to read:
16 370.06 Licenses.--
17 (4) SPECIAL ACTIVITY LICENSES.--
18 (c) The Department of Agriculture and Consumer
19 Services is authorized to issue special activity licenses, in
20 accordance with s. 370.071, to permit the harvest or
21 cultivation of oysters, clams, mussels, and crabs when such
22 activities relate to quality control, sanitation, public
23 health regulations, innovative technologies for aquaculture
24 activities, or the protection of shellfish resources provided
25 in this chapter.
26 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.--
27 (e) Each person who applies for an Apalachicola Bay
28 oyster harvesting license shall, before receiving the license
29 for the first time, attend an educational seminar of not more
30 than 16 hours length, developed and conducted jointly by the
31 Department of Environmental Protection's Apalachicola National
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1 Estuarine Research Reserve, the Division of Law Enforcement of
2 the Fish and Wildlife Conservation Commission, and the
3 Department of Agriculture and Consumer Services' Apalachicola
4 District Shellfish Environmental Assessment Laboratory. The
5 seminar shall address, among other things, oyster biology,
6 conservation of the Apalachicola Bay, sanitary care of
7 oysters, small business management, and water safety. The
8 seminar shall be offered five times per year, and each person
9 attending shall receive a certificate of participation to
10 present when obtaining an Apalachicola Bay oyster harvesting
11 license. The educational seminar is not required for renewal
12 of an Apalachicola Bay oyster harvesting license.
13 Section 9. Paragraphs (f), (h), (i), and (k) of
14 subsection (3) of section 370.07, Florida Statutes, are
15 amended to read:
16 370.07 Wholesale and retail saltwater products
17 dealers; regulation.--
18 (3) APALACHICOLA BAY OYSTER SURCHARGE.--
19 (f) The Department of Revenue shall collect the
20 surcharge for transfer into the General Inspection Trust Fund
21 of the Department of Agriculture and Consumer Services Marine
22 Resources Conservation Trust Fund of the Department of
23 Environmental Protection.
24 (h) Annually, the Department of Agriculture and
25 Consumer Services and the Fish and Wildlife Conservation
26 Commission Environmental Protection shall furnish the
27 Department of Revenue with a current list of wholesale dealers
28 in the state.
29 (i) Collections received by the Department of Revenue
30 from the surcharge shall be transferred quarterly to the
31 General Inspection Trust Fund of the Department of Agriculture
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1 and Consumer Services Department of Environmental Protection
2 Marine Resources Conservation Trust Fund, less the costs of
3 administration.
4 (k) The Department of Agriculture and Consumer
5 Services Environmental Protection shall use or distribute
6 funds generated by this surcharge, less reasonable costs of
7 collection and administration, to fund the following oyster
8 management and restoration programs in Apalachicola Bay:
9 1. The relaying and transplanting of live oysters.
10 2. Shell planting to construct or rehabilitate oyster
11 bars.
12 3. Education programs for licensed oyster harvesters
13 on oyster biology, aquaculture, boating and water safety,
14 sanitation, resource conservation, small business management,
15 and other relevant subjects.
16 4. Research directed toward the enhancement of oyster
17 production in the bay and the water management needs of the
18 bay.
19 Section 10. Subsections (1) through (11), (13), (16),
20 (17), (19), (22), and (24) through (27) of section 370.16,
21 Florida Statutes, are repealed, and subsections (12), (14),
22 (15), (18), (20), (21), (23), and (28) of said section are
23 amended to read:
24 370.16 Noncultured shellfish harvesting Oysters and
25 shellfish; regulation.--
26 (1)(12) PROTECTION OF OYSTER AND CLAM REEFS AND
27 SHELLFISH AQUACULTURE PRODUCTS.--
28 (a) The Department of Environmental Protection shall
29 improve, enlarge, and protect the natural oyster and clam
30 reefs of this state to the extent it may deem advisable and
31 the means at its disposal will permit.
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1 (a)(b) The Fish and Wildlife Conservation Commission
2 shall, to the same extent, assist in protecting shellfish
3 aquaculture products produced on leased or granted reefs in
4 the hands of lessees or grantees from the state. Harvesting
5 shellfish is prohibited within a distance of 25 feet outside
6 lawfully marked lease boundaries or within setback and access
7 corridors within specifically designated high-density
8 aquaculture lease areas and aquaculture use zones.
9 (b)(c) The department, in cooperation with the
10 commission, shall provide the Legislature with recommendations
11 as needed for the development and the proper protection of the
12 rights of the state and private holders therein with respect
13 to the oyster and clam business.
14 (2)(14) SHELLFISH HARVESTING SEASONS; DAYS: SPECIAL
15 PROVISIONS RELATING TO APALACHICOLA BAY.--
16 (a) The Fish and Wildlife Conservation Commission
17 shall by rule set the noncultured consider setting the
18 shellfish harvesting seasons in the Apalachicola Bay. as
19 follows:
20 1. The open season shall be from October 1 to July 31
21 of each year.
22 2. The entire bay, including private leased or granted
23 grounds, shall be closed to shellfish harvesting from August 1
24 to September 30 of each year for the purpose of oyster
25 relaying and transplanting and shell planting.
26 (b) If the commission changes the harvesting seasons
27 by rule as set forth in this subsection, for 3 years after the
28 new rule takes effect, the commission, in cooperation with the
29 Department of Agriculture and Consumer Services, shall monitor
30 the impacts of the new harvesting schedule on the bay and on
31 local shellfish harvesters to determine whether the new
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1 harvesting schedule should be discontinued, retained, or
2 modified. In monitoring the new schedule and in preparing its
3 report, the commission shall consider the following
4 information shall be considered:
5 1. Whether the bay benefits ecologically from the new
6 harvesting schedule being closed to shellfish harvesting from
7 August 1 to September 30 of each year.
8 2. Whether the new harvesting schedule enhances the
9 enforcement of shellfish harvesting laws in the bay.
10 3. Whether the new harvesting schedule enhances
11 natural shellfish production, oyster relay and planting
12 programs, and shell planting programs in the bay.
13 4. Whether the new harvesting schedule has more than a
14 short-term adverse economic impact, if any, on local shellfish
15 harvesters.
16 (c) The Fish and Wildlife Conservation Commission by
17 rule shall consider restricting harvesting on shellfish grants
18 or leases to the same days of the week as harvesting on public
19 beds.
20 (3)(15) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM
21 NATURAL REEFS; LICENSES, ETC., PENALTY.--
22 (a) It is unlawful to use a dredge or any means or
23 implement other than hand tongs in removing oysters from the
24 natural or artificial state reefs. This restriction shall
25 apply to all areas of the Apalachicola Bay for all shellfish
26 harvesting, excluding private grounds leased or granted by the
27 state prior to July 1, 1989, if the lease or grant
28 specifically authorizes the use of implements other than hand
29 tongs for harvesting. Except in the Apalachicola Bay, upon
30 the payment of $25 annually, for each vessel or boat using a
31 dredge or machinery in the gathering of clams or mussels, a
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1 special activity license may be issued by the Fish and
2 Wildlife Conservation Commission pursuant to s. 370.06 for
3 such use to such person.
4 (b) Special activity licenses issued to harvest
5 shellfish by dredge or other mechanical means from privately
6 held shellfish leases or grants in Apalachicola Bay shall
7 include, but not be limited to, the following conditions:
8 (b)1. The use of any mechanical harvesting device
9 other than ordinary hand tongs for taking shellfish for any
10 purpose from public shellfish beds in Apalachicola Bay shall
11 be unlawful.
12 (c)2. The possession of any mechanical harvesting
13 device on the waters of Apalachicola Bay from 5 p.m. until
14 sunrise shall be unlawful.
15 3. Leaseholders or grantees shall telephonically
16 notify the Fish and Wildlife Conservation Commission no less
17 than 48 hours prior to each day's use of a dredge or scrape in
18 order to arrange for a commission officer to be present on the
19 lease or grant area while a dredge or scrape is used on the
20 lease or grant. Under no circumstances may a dredge or scrape
21 be used without a commission officer present.
22 4. Only two dredges or scrapes per lease or grant may
23 be possessed or operated at any time.
24 (d)5. Each vessel used for the transport or deployment
25 of a dredge or scrape shall prominently display the lease or
26 grant number or numbers, in numerals which are at least 12
27 inches high and 6 inches wide, in such a manner that the lease
28 or grant number or numbers are readily identifiable from both
29 the air and the water. The commission shall apply other
30 statutes, rules, or conditions necessary to protect the
31 environment and natural resources from improper transport,
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1 deployment, and operation of a dredge or scrape. Any
2 violation of this paragraph or of any other statutes, rules,
3 or conditions referenced in the special activity license shall
4 be considered a violation of the license and shall result in
5 revocation of the license and forfeiture of the bond submitted
6 to the commission as a prerequisite to the issuance of this
7 license.
8 (e)(c) Oysters may be harvested from natural or public
9 or private leased or granted grounds by common hand tongs or
10 by hand, by scuba diving, free diving, leaning from vessels,
11 or wading. In the Apalachicola Bay, this provision shall
12 apply to all shellfish.
13
14 The commission shall apply other statutes, rules, or
15 conditions necessary to protect the environment and natural
16 resources from improper transport, deployment, and operation
17 of a dredge or scrape. Any violation of this subsection or of
18 any other statutes, rules, or conditions referenced in the
19 special activity license shall be considered a violation of
20 the license and shall result in revocation of the license and
21 forfeiture of the bond submitted to the commission as a
22 prerequisite to the issuance of this license.
23 (4)(18) FALSE RETURNS AS TO OYSTERS OR CLAMS
24 HANDLED.--Each packer, canner, corporation, firm, commission
25 person, or dealer in fish shall, on the first day of each
26 month, make a return under oath to the Fish and Wildlife
27 Conservation Commission, as to the number of oysters, clams,
28 and shellfish purchased, caught, or handled during the
29 preceding month. Whoever is found guilty of making any false
30 affidavit to any such report is guilty of perjury and punished
31 as provided by law, and any person who fails to make such
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1 report shall be punished by a fine not exceeding $500 or by
2 imprisonment in the county jail not exceeding 6 months.
3 (5)(20) WATER PATROL FOR COLLECTION OF TAX.--
4 (a) The Fish and Wildlife Conservation Commission may
5 establish and maintain necessary patrols of the salt waters of
6 Florida, with authority to use such force as may be necessary
7 to capture any vessel or person violating the provisions of
8 the laws relating to oysters and clams, and may establish
9 ports of entry at convenient locations where the severance or
10 privilege tax levied on oysters and clams may be collected or
11 paid and may make such rules and regulations as it may deem
12 necessary for the enforcement of such tax.
13 (b) Each person in any way dealing in shellfish
14 harvesting from public reefs or beds shall keep a record, on
15 blanks or forms prescribed by the commission, of all oysters,
16 clams, and shellfish taken, purchased, used, or handled by him
17 or her, with the name of the persons from whom purchased, if
18 purchased, together with the quantity and the date taken or
19 purchased, and shall exhibit this account at all times when
20 requested so to do by the commission or any conservation
21 agent; and he or she shall, on the first day of each month,
22 make a return under oath to the commission as to the number of
23 oysters, clams, and shellfish purchased, caught, or handled
24 during the preceding month. The commission may require
25 detailed returns whenever it deems them necessary.
26 (6)(21) SEIZURE OF VESSELS AND CARGOES VIOLATING
27 OYSTER AND CLAM LAWS, ETC.--Vessels, with their cargoes,
28 violating the provisions of the laws relating to oysters and
29 clams may be seized by anyone duly and lawfully authorized to
30 make arrests under this section or by any sheriff or the
31 sheriff's deputies, and taken into custody, and when not
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1 arrested by the sheriff or the sheriff's deputies, delivered
2 to the sheriff of the county in which the seizure is made, and
3 shall be liable to forfeiture, on appropriate proceedings
4 being instituted by the Fish and Wildlife Conservation
5 Commission, before the courts of that county. In such case
6 the cargo shall at once be disposed of by the sheriff, for
7 account of whom it may concern. Should the master or any of
8 the crew of said vessel be found guilty of using dredges or
9 other instruments in fishing oysters on natural reefs contrary
10 to law, or fishing on the natural oyster or clam reefs out of
11 season, or unlawfully taking oysters or clams belonging to a
12 lessee, such vessel shall be declared forfeited by the court,
13 and ordered sold and the proceeds of the sale shall be
14 deposited with the Treasurer to the credit of the General
15 Revenue Fund; any person guilty of such violations shall not
16 be permitted to have any license provided for in this chapter
17 within a period of 1 year from the date of conviction.
18 Pending proceedings such vessel may be released upon the owner
19 furnishing bond, with good and solvent security in double the
20 value of the vessel, conditioned upon its being returned in
21 good condition to the sheriff to abide the judgment of the
22 court.
23 (7)(23) DREDGING OF DEAD SHELLS PROHIBITED.--The
24 dredging of dead shell deposits is prohibited in the state.
25 (8)(28) REQUIREMENTS FOR OYSTER VESSELS.--
26 (a) All vessels used for the harvesting, gathering, or
27 transporting of noncultured oysters for commercial use shall
28 be constructed and maintained to prevent contamination or
29 deterioration of oysters. To this end, all such vessels shall
30 be provided with false bottoms and bulkheads fore and aft to
31 prevent oysters from coming in contact with any bilge water.
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1 No dogs or other animals shall be allowed at any time on
2 vessels used to harvest or transport oysters. A violation of
3 any provision of this subsection shall result in at least the
4 revocation of the violator's license.
5 (b) For the purpose of this subsection, "commercial
6 use" shall be a quantity of more than 4 bushels, or more than
7 2 gallons, of shucked oysters, per person or per boat, or any
8 number or quantity of oysters if the oysters are to be sold.
9 Section 11. Subsections (1) and (2) of section
10 370.161, Florida Statutes, are amended to read:
11 370.161 Oyster bottom land grants made pursuant to ch.
12 3293.--
13 (1) All grants previously issued by the several boards
14 of county commissioners under the authority of chapter 3293,
15 1881, Laws of Florida, shall be subject to provisions of s.
16 597.010 370.16, relating to the marking of such lands, the
17 payment of rents, the cultivation of such lands and the
18 forfeiture provisions.
19 (2) Any grantee of lands referred to in subsection (1)
20 shall mark such lands and begin cultivation thereof as set
21 forth in s. 597.010 370.16, within 90 days after the effective
22 date of this act. The rentals prescribed by s. 597.010 370.16,
23 shall be payable immediately upon the effective date of this
24 act and in accordance with the provisions of said section.
25 Section 12. Section 372.071, Florida Statutes, is
26 amended to read:
27 372.071 Powers of arrest by agents of Department of
28 Environmental Protection or Fish and Wildlife Conservation
29 Commission.--Any certified law enforcement officer of the
30 Department of Environmental Protection or the Fish and
31 Wildlife Conservation Commission, upon receiving information,
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1 relayed to her or him from any law enforcement officer
2 stationed on the ground, on the water, or in the air, that a
3 driver, operator, or occupant of any vehicle, boat, or airboat
4 has violated any section of chapter 327, chapter 328, chapter
5 370, or this chapter, or s. 597.010 or s. 597.020, may arrest
6 the driver, operator, or occupant for violation of said laws
7 when reasonable and proper identification of the vehicle,
8 boat, or airboat and reasonable and probable grounds to
9 believe that the driver, operator, or occupant has committed
10 or is committing any such offense have been communicated to
11 the arresting officer by the other officer stationed on the
12 ground, on the water, or in the air.
13 Section 13. Subsection (4) of section 372.6673,
14 Florida Statutes, is amended to read:
15 372.6673 Taking and possession of alligators; trapping
16 licenses; fees.--
17 (4) No person shall take any alligator egg occurring
18 in the wild or possess any such egg unless such person has
19 obtained, or is a licensed agent of another person who has
20 obtained, an alligator egg collection permit. The alligator
21 egg collection permit shall be required in addition to the
22 alligator farming license provided in paragraph (2)(d). The
23 commission is authorized to assess a fee for issuance of the
24 alligator egg collection permit of up to $4 $5 per egg
25 authorized to be taken or possessed pursuant to such permit.
26 In addition, the commission shall collect a marketing
27 assessment of, of which $1 per egg, excluding eggs collected
28 on private wetland management areas, which shall may be
29 transferred to the General Inspection Trust Fund, to be
30 administered by the Department of Agriculture and Consumer
31 Services for the purpose of providing marketing and education
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1 services with respect to alligator products produced in this
2 state, notwithstanding other provisions in this chapter.
3 Section 14. Subsection (2) of section 372.6674,
4 Florida Statutes, is amended to read:
5 372.6674 Required tagging of alligators and hides;
6 fees; revenues.--The tags provided in this section shall be
7 required in addition to any license required under s.
8 372.6673.
9 (2) The commission may require that an alligator hide
10 validation tag be affixed to the hide of any alligator taken
11 from the wild and that such hide be possessed, purchased,
12 sold, offered for sale, or transported in accordance with
13 commission rule. The commission is authorized to assess a fee
14 of up to $25 $30 for each alligator hide validation tag
15 issued. In addition, the commission shall collect a marketing
16 assessment of, of which $5 per validated hide, excluding those
17 validated from public hunt programs, which shall may be
18 transferred to the General Inspection Trust Fund, to be
19 administered by the Department of Agriculture and Consumer
20 Services for the purpose of providing marketing and education
21 services with respect to alligator products produced in this
22 state, notwithstanding other provisions in this chapter.
23 Section 15. Subsection (5) of section 373.046, Florida
24 Statutes, is amended to read:
25 373.046 Interagency agreements.--
26 (5) Notwithstanding the provisions of s. 403.927, when
27 any operating agreement is developed pursuant to subsection
28 (4):
29 (a) The Department of Agriculture and Consumer
30 Services shall have regulatory responsibility under part IV of
31 this chapter for:
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1 1. All saltwater aquaculture activities located on
2 sovereignty submerged land or in the water column above such
3 land and adjacent facilities directly related to the
4 aquaculture activity.
5 2. All other aquaculture activities not regulated
6 pursuant to paragraph (b).
7 (b)2. Aquaculture activities that meet or exceed the
8 thresholds for aquaculture general permits authorized pursuant
9 to ss. 370.26 and 403.814 shall be regulated by the Department
10 of Environmental Protection.
11 3. Aquaculture activities within the Northwest Florida
12 Water Management District.
13 (c)(b) Water management districts shall have
14 regulatory responsibility under part IV of this chapter for
15 aquaculture activities not retained by the Department of
16 Agriculture and Consumer Services in paragraph (a).
17 (d)(c) Upon agreement by the applicant, the
18 department, and the applicable water management district, the
19 department and water management district may reassign the
20 regulatory responsibilities described in paragraphs (a) and
21 (b) and (c), based on the specific aquaculture operation, to
22 achieve a more efficient and effective permitting process.
23 Section 16. Subsection (11) of section 403.814,
24 Florida Statutes, is amended to read:
25 403.814 General permits; delegation.--
26 (11) Upon agreement by the applicant, the department,
27 and the applicable water management district, the department
28 and water management district may reassign the regulatory
29 responsibilities described in s. 373.046(5)(a) and (b) and
30 (c), based on the specific aquaculture operation, to achieve a
31 more efficient and effective permitting process.
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1 Section 17. Subsection (1) of section 409.2598,
2 Florida Statutes, is amended to read:
3 409.2598 Suspension or denial of new or renewal
4 licenses; registrations; certifications.--
5 (1) The Title IV-D agency may petition the court that
6 entered the support order or the court that is enforcing the
7 support order to deny or suspend the license, registration, or
8 certificate issued under chapter 231, chapter 370, chapter
9 372, chapter 409, part II of chapter 455, or chapter 559, or
10 s. 328.42 or s. 597.010 of any obligor with a delinquent child
11 support obligation or who fails, after receiving appropriate
12 notice, to comply with subpoenas, orders to appear, orders to
13 show cause, or similar orders relating to paternity or child
14 support proceedings. However, a petition may not be filed
15 until the Title IV-D agency has exhausted all other available
16 remedies. The purpose of this section is to promote the public
17 policy of the state as established in s. 409.2551.
18 Section 18. Paragraph (n) of subsection (1) of section
19 500.03, Florida Statutes, is amended to read:
20 500.03 Definitions of terms; construction;
21 applicability.--
22 (1) For the purpose of this chapter, the term:
23 (n) "Food establishment" means any factory, food
24 outlet, or any other facility manufacturing, processing,
25 packing, holding, or preparing food, or selling food at
26 wholesale or retail. The term does not include any business or
27 activity that is regulated under chapter 370, chapter 509, or
28 chapter 601. The term also does not include any establishments
29 that pack fruits and vegetables in their raw or natural
30 states, including those fruits or vegetables that are washed,
31
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1 colored, or otherwise treated in their unpeeled, natural form
2 before they are marketed.
3 Section 19. Section 570.18, Florida Statutes, is
4 amended to read:
5 570.18 Organization of departmental work.--In the
6 assignment of functions to the 12 11 divisions of the
7 department created in s. 570.29, the department shall retain
8 within the Division of Administration, in addition to
9 executive functions, those powers and duties enumerated in s.
10 570.30. The department shall organize the work of the other
11 11 10 divisions in such a way as to secure maximum efficiency
12 in the conduct of the department. The divisions created in s.
13 570.29 are solely to make possible the definite placing of
14 responsibility. The department shall be conducted as a unit
15 in which every employee, including each division director, is
16 assigned a definite workload, and there shall exist between
17 division directors a spirit of cooperative effort to
18 accomplish the work of the department.
19 Section 20. Subsections (4) through (11) of section
20 570.29, Florida Statutes, are renumbered as subsections (5)
21 through (12), respectively, and a new subsection (4) is added
22 to said section to read:
23 570.29 Departmental divisions.--The department shall
24 include the following divisions:
25 (4) Aquaculture.
26 Section 21. Section 570.61, Florida Statutes, is
27 created to read:
28 570.61 Division of Aquaculture; powers and
29 duties.--The powers and duties of the Division of Aquaculture
30 shall include, but are not limited to, administering the
31 aquaculture certification program; enforcing shellfish
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1 sanitation standards; administering the aquaculture and
2 shellfish lease programs; ensuring that shellfish processing
3 facilities comply with applicable food safety requirements;
4 mitigating, creating, and enhancing natural shellfish
5 harvesting areas; providing education to fishermen and
6 aquaculturists; promoting aquaculture development; purchasing
7 commodities as necessary to carry out the provisions of this
8 section; receiving and accepting grants, aids, gifts, and
9 donations; providing grants, aids, and other technical
10 assistance; and ensuring the safety of Florida waters.
11 Section 22. Section 570.62, Florida Statutes, is
12 created to read:
13 570.62 Director; duties.--
14 (1) The director of the Division of Aquaculture shall
15 be appointed by the commissioner and shall serve at the
16 commissioner's pleasure.
17 (2) The director shall supervise, direct, and
18 coordinate the activities of the division, exercise such other
19 powers and duties as authorized by the commissioner, and
20 enforce the provisions of chapter 597, the rules adopted
21 thereunder, and any other chapter or rule necessary to carry
22 out the responsibilities of the division.
23 Section 23. Subsections (3), (4), and (5) of section
24 370.26, Florida Statutes, are renumbered as paragraphs (l) and
25 (k) of subsection (1) of section 597.003, Florida Statutes,
26 and amended to read:
27 597.003 Powers and duties of Department of Agriculture
28 and Consumer Services.--
29 (1) The department is hereby designated as the lead
30 agency in encouraging the development of aquaculture in the
31
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1 state and shall have and exercise the following functions,
2 powers, and duties with regard to aquaculture:
3 (k)(4) The department shall Make available state lands
4 and the water column for the purpose of producing aquaculture
5 products when the aquaculture activity is compatible with
6 state resource management goals, environmental protection, and
7 propriety interest and when such state lands and waters are
8 determined to be suitable for aquaculture development by the
9 Board of Trustees of the Internal Improvement Trust Fund
10 pursuant to s. 253.68.
11 1.(a) The department shall act in cooperation with
12 other state and local agencies and programs to identify and
13 designate sovereignty lands and waters that would be suitable
14 for aquaculture development.
15 2.(b) The department shall identify and evaluate
16 specific tracts of sovereignty submerged lands and water
17 columns in various areas of the state to determine where such
18 lands and waters are suitable for leasing for aquaculture
19 purposes. Nothing in this subparagraph or subparagraph 1.
20 paragraph or paragraph (a) shall preclude the applicant from
21 applying for sites identified by the applicant.
22 3.(5) Authorizations under part IV of chapter 373
23 shall be issued in conjunction with the authorization to use
24 sovereignty submerged land for aquaculture when the
25 aquaculture activities are authorized in the aquaculture lease
26 agreement.
27 4. The department shall provide assistance in
28 developing technologies applicable to aquaculture activities,
29 evaluate practicable production alternatives, and provide
30 agreements to develop innovative culture practices.
31
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1 (l)(3) The Department of Agriculture and Consumer
2 Services shall Act as a clearinghouse for aquaculture
3 applications, and act as a liaison between the Fish and
4 Wildlife Conservation Commission, the Division of State Lands,
5 the Department of Environmental Protection district offices,
6 other divisions within the Department of Environmental
7 Protection, and the water management districts. The department
8 of Agriculture and Consumer Services shall be responsible for
9 regulating marine aquaculture producers, except as
10 specifically provided herein.
11 Section 24. Subsections (2) and (4) and paragraph (b)
12 of subsection (5) of section 597.004, Florida Statutes, are
13 amended to read:
14 597.004 Aquaculture certificate of registration.--
15 (2) NONSHELLFISH CERTIFICATION.--This subsection is
16 intended as comprehensive and exclusive regulation of
17 nonshellfish aquaculture in this state. Except as specifically
18 provided for in chapter 373 or s. 403.814, or otherwise
19 specifically provided by law, no agency, commission,
20 department, county, municipality, or other political
21 subdivision of the state may adopt laws, rules, regulations,
22 ordinances, or policies pertaining to the regulation of
23 nonshellfish aquaculture. This subsection preempts all other
24 laws, rules, regulations, ordinances, and policies relating to
25 nonshellfish aquaculture not provided for herein.
26 (a) Any person engaging in nonshellfish aquaculture,
27 except as otherwise provided in this section, must be
28 certified by the department. The applicant for a certificate
29 of registration for nonshellfish products shall submit the
30 following to the department:
31 1. The information requested in subsection (1) above.
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1 2. Documentation that the rules adopted herein have
2 been complied with in accordance with paragraph (b) below.
3 (b) The department, in consultation with the
4 Department of Environmental Protection, the water management
5 districts, environmental groups, and representatives from the
6 affected farming groups, shall adopt rules to:
7 1. Specify the requirement of best-management
8 practices to be implemented by holders of aquaculture
9 certificates of registration.
10 2. Establish procedures for holders of aquaculture
11 certificates of registration to submit the notice of intent to
12 comply with best-management practices.
13 3. Establish schedules for implementation of
14 best-management practices, and of interim measures that can be
15 taken prior to adoption of best-management practices. Interim
16 measures may include the continuation of regulatory
17 requirements in effect on June 30, 1998.
18 4. Establish a system to assure the implementation of
19 best-management practices, including recordkeeping
20 requirements.
21 (c) Rules adopted pursuant to this subsection shall
22 become effective pursuant to the applicable provisions of
23 chapter 120, but must be submitted to the President of the
24 Senate and the Speaker of the House of Representatives for
25 review by the Legislature. The rules shall be referred to the
26 appropriate committees of substance and scheduled for review
27 during the first available regular session following adoption.
28 Except as otherwise provided by operation of law, such rules
29 shall remain in effect until rejected or modified by act of
30 the Legislature.
31
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1 (d)(c) Notwithstanding any provision of law, the
2 Department of Environmental Protection is not authorized to
3 institute proceedings against any person certified under this
4 section to recover any costs or damages associated with
5 contamination of groundwater or surface water, or the
6 evaluation, assessment, or remediation of contamination of
7 groundwater or surface water, including sampling, analysis,
8 and restoration of potable water supplies, where the
9 contamination of groundwater or surface water is determined to
10 be the result of aquaculture practices, provided the holder of
11 an aquaculture certificate of registration:
12 1. Provides the department with a notice of intent to
13 implement applicable best-management practices adopted by the
14 department;
15 2. Implements applicable best-management practices as
16 soon as practicable according to rules adopted by the
17 department; and
18 3. Implements practicable interim measures identified
19 and adopted by the department which can be implemented
20 immediately, or according to rules adopted by the department.
21 (e)(d) There is a presumption of compliance with state
22 groundwater and surface water standards if the holder of an
23 aquaculture certificate of registration implements
24 best-management practices that have been verified by the
25 Department of Environmental Protection to be effective at
26 representative sites and complies with the following:
27 1. Provides the department with a notice of intent to
28 implement applicable best-management practices adopted by the
29 department;
30
31
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1 2. Implements applicable best-management practices as
2 soon as practicable according to rules adopted by the
3 department; and
4 3. Implements practicable interim measures identified
5 and adopted by the department which can be implemented
6 immediately, or according to rules adopted by the department.
7 (f)(e) The department shall provide, by December 31,
8 1999, to the President of the Senate and the Speaker of the
9 House of Representatives, a progress report concerning the
10 development, implementation, and effectiveness of
11 best-management practices to prevent contamination of
12 groundwater and surface water.
13 (g)(f) This section does not limit federally delegated
14 regulatory authority.
15 (h)(g) Any aquatic plant producer permitted by the
16 department pursuant to s. 369.25 shall also be subject to the
17 requirements of this subsection.
18 (i)(h) Any alligator producer with an alligator
19 farming license and permit to establish and operate an
20 alligator farm shall be issued an aquaculture certificate of
21 registration pursuant to subsection (1) until best-management
22 practices are completed; then the provisions of this
23 subsection shall apply above. This chapter does not supersede
24 the authority under chapter 372, chapter 373, or chapter 403
25 to regulate alligator farms and alligator farmers.
26 (4) IDENTIFICATION OF AQUACULTURE
27 PRODUCTS.--Aquaculture products shall be identified while
28 possessed, processed, transported, or sold as provided in this
29 subsection, except those subject to the rules of the Fish and
30 Wildlife Conservation Commission as they relate to alligators
31 only.
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1 (a) Aquaculture products shall be identified by an
2 aquaculture certificate of registration number from harvest to
3 point of sale. Any person who possesses aquaculture products
4 must show, by appropriate receipt, bill of sale, bill of
5 lading, or other such manifest where the product originated.
6 (b) Marine aquaculture products shall be transported
7 in containers that separate such product from wild stocks, and
8 shall be identified by tags or labels that are securely
9 attached and clearly displayed.
10 (c) Each aquaculture registrant who sells food
11 products labeled as "aquaculture or farm raised" must have
12 such products containerized and clearly labeled in accordance
13 with s. 500.11. Label information must include the name,
14 address, and aquaculture certification number. This
15 requirement is designed to segregate the identity of wild and
16 aquaculture products.
17 (5) SALE OF AQUACULTURE PRODUCTS.--
18 (b) Aquaculture shellfish must be sold and handled in
19 accordance with s. 597.020 shellfish handling regulations of
20 the Department of Environmental Protection established to
21 protect public health.
22 Section 25. Subsection (2) of section 597.0041,
23 Florida Statutes, is amended, and subsection (4) is added to
24 said section, to read:
25 597.0041 Prohibited acts; penalties.--
26 (2)(a) Any person who violates any provision of this
27 chapter or any rule promulgated hereunder is subject to a
28 suspension or revocation of his or her certificate of
29 registration or license under this chapter. The department
30 may, in lieu of, or in addition to the suspension of
31
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1 revocation, impose on the violator an administrative fine in
2 an amount not to exceed $1,000 per violation per day.
3 (b) Except as provided in subsection (4), any person
4 who violates any provision of this chapter, or rule hereunder,
5 commits a misdemeanor of the first degree, punishable as
6 provided in s. 775.082 or s. 775.083.
7 (4) Any person who violates any provision of s.
8 597.010 or s. 597.020, or any rule adopted under those
9 sections, commits a misdemeanor of the second degree,
10 punishable as provided in s. 775.082 or s. 775.083 for the
11 first offense; and for the second or any subsequent offense
12 within a 12-month period, commits a misdemeanor of the first
13 degree, punishable as provided in s. 775.082 or s. 775.083.
14 Section 26. Subsection (1) of section 597.006, Florida
15 Statutes, is amended to read:
16 597.006 Aquaculture Interagency Coordinating
17 Council.--
18 (1) CREATION.--The Legislature finds and declares that
19 there is a need for interagency coordination with regard to
20 aquaculture by the following agencies: the Department of
21 Agriculture and Consumer Services, the Office of Tourism,
22 Trade, and Economic Development Department of Commerce, the
23 Department of Community Affairs, the Department of
24 Environmental Protection, the Department of Labor and
25 Employment Security, the Fish and Wildlife Conservation
26 Commission, the statewide consortium of universities under the
27 Florida Institute of Oceanography, Florida Agricultural and
28 Mechanical University, the Institute of Food and Agricultural
29 Sciences at the University of Florida, and the Florida Sea
30 Grant Program, and each water management district. It is
31 therefore the intent of the Legislature to hereby create an
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1 Aquaculture Interagency Coordinating Council to act as an
2 advisory body as defined in s. 20.03(9).
3 Section 27. Section 597.010, Florida Statutes, is
4 created to read:
5 597.010 Shellfish regulation; leases.--
6 (1) LEASE, APPLICATION FORM.--When any qualified
7 person desires to lease a part of the bottom, water column, or
8 bed of any of the water of this state for the purpose of
9 growing oysters or clams, as provided for in this section, he
10 or she shall present to the department a written application
11 pursuant to s. 253.69.
12 (2) LANDS TO BE LEASED.--The lands leased shall be as
13 compact as possible, taking into consideration the shape of
14 the body of water and the condition of the bottom as to
15 hardness, or soft mud or sand, or other conditions that would
16 render the bottoms desirable or undesirable for the purpose of
17 oyster or clam cultivation.
18 (3) SURVEYS, PLATS, AND MAPS OF REEFS.--The department
19 shall accept, adopt, and use official reports, surveys, and
20 maps of oyster, clam, or other shellfish grounds made under
21 the direction of any authority of the United States as prima
22 facie evidence of the natural oyster and clam reefs and beds,
23 for the purpose and intent of this chapter. The department may
24 also make surveys of any natural oyster or clam reefs or beds
25 when it deems such surveys necessary and where such surveys
26 are made pursuant to an application for a lease, the cost
27 thereof may be charged to the applicant as a part of the cost
28 of his or her application.
29 (4) EXECUTION OF LEASES; LESSEE TO STAKE OFF
30 BOUNDARIES; PENALTY FOR FAILURE TO COMPLY WITH
31 REGULATIONS.--When a survey of the lands to be leased has been
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1 completed pursuant to s. 253.69 and filed with the department,
2 and the cost thereof paid by the applicant, the department may
3 execute in duplicate a lease of the water bottoms to the
4 applicant. One duplicate, with a plat or map of the water
5 bottoms so leased, shall be delivered to the applicant, and
6 the other, with a plat or map of the bottom so leased, shall
7 be retained by the department and registered in a lease book
8 which shall be kept exclusively for that purpose by the
9 department; thereafter the lessees shall enjoy the exclusive
10 use of the lands and all oysters and clams, shell, and cultch
11 grown or placed thereon shall be the exclusive property of
12 such lessee as long as he or she shall comply with the
13 provisions of this chapter and chapter 253. The department
14 shall require the lessee to stake off and mark the water
15 bottoms leased, by such ranges, monuments, stakes, buoys,
16 etc., so placed and made as not to interfere with the
17 navigation, as it may deem necessary to locate the same to the
18 end that the location and limits of the lands embraced in such
19 lease be easily and accurately found and fixed, and such
20 lessee shall keep the same in good condition during the open
21 and closed oyster or clam season. All leases shall be marked
22 according to the standards set forth in s. 253.72. The
23 department may stipulate in each individual lease contract the
24 types, shape, depth, size, and height of marker or corner
25 posts. Failure on the part of the lessee to comply with the
26 orders of the department to this effect within the time fixed
27 by it, and to keep the markers, etc., in good condition during
28 the open and closed oyster or clam season, shall subject such
29 lessee to a fine not exceeding $100 for each and every such
30 offense.
31 (5) LEASES IN PERPETUITY; RENT.--
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1 (a) All leases issued previously under the provisions
2 of s. 370.16 shall be enforced under the authority of this
3 chapter, notwithstanding any other law to the contrary, and
4 shall continue in perpetuity under such restrictions as stated
5 in the lease agreement. The annual rental fee charged for all
6 leases shall consist of the minimum rate of $15 per acre, or
7 any fraction of an acre, per year and shall be adjusted on
8 January 1, 1995, and every 5 years thereafter, based on the
9 5-year average change in the Consumer Price Index. Rent shall
10 be paid in advance of January 1 of each year or in the case of
11 a new lease at the time of signing, regardless of who holds
12 the lease.
13 (b) All fees collected under this subsection and
14 subsection (6) shall be deposited in the General Inspection
15 Trust Fund and shall be used for shellfish aquaculture
16 activities.
17 (6) FORFEITURE FOR NONPAYMENT--All leases shall
18 stipulate that failure to timely pay the rent on or before
19 January 1 of each year shall cause the department, at its
20 discretion, to terminate and cancel the lease after the
21 department has given the lessee 30 days' written notice of the
22 nonpayment. If after receiving the notice the lessee chooses
23 to keep the lease, the lessee shall pay the rental fee plus a
24 $50 late fee within the 30-day period. After the 30-day notice
25 has expired, the department may take possession of the lease
26 and all improvements, assets, clams, and oysters thereon.
27 (7) SURCHARGE FOR IMPROVEMENT OR REHABILITATION.--A
28 surcharge of $10 per acre, or any fraction of an acre, per
29 annum shall be levied upon each lease, other than a perpetual
30 lease granted pursuant to chapter 370 prior to 1985, and
31 deposited into the General Inspection Trust Fund. The purpose
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1 of the surcharge is to provide a mechanism to have financial
2 resources immediately available for improvement of lease areas
3 and for cleanup and rehabilitation of abandoned or vacated
4 lease sites. The department is authorized to adopt rules
5 necessary to carry out the provisions of this subsection.
6 (a) Moneys in the fund that are not needed currently
7 for cleanup and rehabilitation of abandoned or vacated lease
8 sites shall be deposited with the Treasurer to the credit of
9 the fund and may be invested in such manner as is provided for
10 by statute. Interest received on such investment shall be
11 credited to the fund.
12 (b) Funds within the General Inspection Trust Fund
13 from receipts from the surcharge established in this section
14 shall be disbursed for the following purposes and no others:
15 1. Administrative expenses, personnel expenses, and
16 equipment costs of the department related to the improvement
17 of lease areas, the cleanup and rehabilitation of abandoned or
18 vacated aquaculture lease sites, and the enforcement of
19 provisions of this section.
20 2. All costs involved in the improvement of lease
21 areas and the cleanup and rehabilitation of abandoned or
22 vacated lease sites.
23 3. All costs and damages which are the proximate
24 results of lease abandonment or vacation.
25 4. The department shall recover to the use of the fund
26 from the person or persons abandoning or vacating the lease,
27 jointly and severally, all sums owed or expended from the
28 fund.
29 (8)(a) CULTIVATION REQUIREMENTS.--Effective
30 cultivation shall consist of the growing of the oysters or
31 clams in a density suitable for commercial harvesting over the
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1 amount of bottom prescribed by law. This commercial density
2 shall be accomplished by the planting of seed oysters, shell,
3 and cultch of various descriptions. The department may
4 stipulate in each individual lease contract the types, shape,
5 depth, size, and height of cultch materials on lease bottoms
6 according to the individual shape, depth, location, and type
7 of bottom of the proposed lease. Each lessee leasing lands
8 under the provisions of this section or s. 253.71 shall begin,
9 within 1 year after the date of such lease, bona fide
10 cultivation of the same, and shall, by the end of the second
11 year after the commencement of such lease, have placed under
12 cultivation at least one-half of the leased area and shall
13 each year thereafter place in cultivation at least one-fourth
14 of the leased area until the whole, suitable for bedding of
15 oysters or clams, shall have been put in cultivation. The
16 cultivation requirements for perpetuity leases granted
17 pursuant to chapter 370 prior to 1985 under previously
18 existing law shall comply with the conditions stated in the
19 lease agreement, and the lessee or grantee is authorized to
20 plant the leased or granted submerged land in both oysters and
21 clams.
22 (b) These stipulations apply to all leases granted
23 after the effective date of this section. All leases existing
24 prior to the effective date of this section will operate under
25 the law that was in effect when the leases were granted.
26 (c) When evidence is gathered by the department and
27 such evidence conclusively shows a lack of effective
28 cultivation, the department may revoke leases and return the
29 bottoms in question to the public domain.
30 (d) The department has the authority to adopt rules
31 pertaining to the water column over shellfish leases. All
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1 cultch materials in place 6 months after the formal adoption
2 and publication of rules establishing standards for cultch
3 materials on shellfish leases that do not comply with such
4 rules may be declared a nuisance by the department. The
5 department has the authority to direct the lessee to remove
6 such cultch in violation of this section. The department may
7 cancel a lease upon the refusal by the lessee violating such
8 rules to remove unlawful cultch materials, and all
9 improvements, cultch, marketable oysters, and shell shall
10 become the property of the state. The department has the
11 authority to retain, dispose of, or remove such materials in
12 the best interest of the state.
13 (9) LEASES TRANSFERABLE, ETC.--The leases in chapters
14 253 and 370 shall be inheritable and transferable, in whole or
15 in part, and shall also be subject to mortgage, pledge, or
16 hypothecation and shall be subject to seizure and sale for
17 debts as any other property, rights, and credits in this
18 state, and this provision shall also apply to all buildings,
19 betterments, and improvements thereon. Leases granted under
20 this section cannot be transferred, by sale or barter, in
21 whole or in part, without the written, express approval of the
22 department, and such a transferee shall pay a $50 transfer fee
23 before department approval may be given. Leases inherited or
24 transferred will be valid only upon receipt of the transfer
25 fee and approval by the department. The department shall keep
26 proper indexes so that all original leases and all subsequent
27 changes and transfers can be easily and accurately
28 ascertained.
29 (10) CANCELLATION OF LEASES TO NATURAL REEFS OR
30 BEDS.--Any person, within 6 months after the execution of any
31 lease, may file a petition with the department for the purpose
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1 of determining whether a natural oyster or clam reef or bed
2 having an area of not less than 100 square yards existed
3 within the leased area on the date of the lease, with
4 sufficient natural or maternal oysters or clams thereon (not
5 including coon oysters) to have constituted a stratum
6 sufficient to have been resorted to by the public generally
7 for the purpose of gathering the same to sell for a
8 livelihood. The petition shall be in writing addressed to the
9 department, verified under oath, stating the location and
10 approximate area of the natural reef or bed and the claim or
11 interest of the petitioner therein and requesting the
12 cancellation of the lease to the natural reef or bed. A
13 petition may not be considered unless it is accompanied by a
14 deposit of $500 to defray the expense of the department's
15 investigation of the matter. Upon receipt of such petition,
16 the department shall cause an investigation to be made into
17 the truth of the allegations of the petition, and, if found
18 untrue, the $500 deposit shall be retained by the department
19 to defray the expense of the investigation, but should the
20 allegations of the petition be found true and the leased
21 premises to contain a natural oyster or clam reef or bed, as
22 described in this subsection, the $500 deposit shall be
23 returned to the petitioner and the costs and expenses of the
24 investigation taxed against the lessee and the lease canceled
25 to the extent of the natural reef or bed and the same shall be
26 marked with buoys and stakes and notices placed thereon
27 showing the same to be a public reef or bed, the cost of the
28 markers and notices to be taxed against the lessee.
29 (11) WHEN NATURAL REEFS OR BEDS MAY BE INCLUDED IN
30 LEASE.--
31
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1 (a) When an application for a submerged land lease for
2 cultivating shellfish is filed, and when a resource survey of
3 such lands identifies natural oyster or clam reefs or beds,
4 the department shall determine if such reefs and beds are to
5 be included in the leased area. The department, if it deems it
6 to be in the best interest of the state, may include such
7 natural reefs or beds in a lease. In those cases where a
8 natural area is included in a lease, the department shall fix
9 a reasonable value on the same, to be paid by the applicant
10 for lease of such submerged land. No natural reefs shall be
11 included in any shellfish or aquaculture lease granted in
12 Franklin County.
13 (b) The department shall determine and settle all
14 disputes as to boundaries between lessees. The department
15 shall, in all cases, determine whether a particular submerged
16 land area contains a natural reef or bed or whether it is
17 suitable for raising oysters or clams.
18 (12) FRANKLIN COUNTY LEASES.--On and after the
19 effective date of this section, the only leases available in
20 Franklin County shall be those issued pursuant to ss.
21 253.67-253.75; chapter 370 leases shall no longer be
22 available. The department shall require in the lease agreement
23 such restrictions as it deems necessary to protect the
24 environment, the existing leaseholders, and public fishery.
25 (13) TRESPASS ON LEASED BEDS; PROTECTION OF LEASE
26 AREAS.--
27 (a) Any person who willfully takes oysters, shells,
28 cultch, or clams bedded or planted by a licensee under this
29 chapter, or grantee under the provisions of heretofore
30 existing laws, or riparian owner who may have heretofore
31 planted the same on his or her riparian bottoms, or any
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1 oysters or clams deposited by anyone making up a cargo for
2 market, or who willfully carries or attempts to carry away the
3 same without permission of the owner thereof, or who willfully
4 or knowingly removes, breaks off, destroys, or otherwise
5 injures or alters any stakes, bounds, monuments, buoys,
6 notices, or other designations of any natural oyster or clam
7 reefs or beds or private bedding or propagating grounds, or
8 who willfully injures, destroys, or removes any other
9 protection around any oyster or clam reefs or beds, or who
10 willfully moves any bedding ground stakes, buoys, marks, or
11 designations placed by the department, commits a violation of
12 this section.
13 (b) Harvesting shellfish is prohibited within a
14 distance of 25 feet outside lawfully marked lease boundaries
15 or within setback and access corridors within specifically
16 designated high-density aquaculture lease areas and
17 aquaculture use zones.
18 (14) SHELLFISH DEVELOPMENT.--
19 (a) The department shall improve, enlarge, and protect
20 the natural oyster and clam reefs and beds of this state to
21 the extent it may deem advisable and the means at its disposal
22 will permit.
23 (b) The Fish and Wildlife Conservation Commission
24 shall, to the same extent, assist in protecting shellfish
25 aquaculture products produced on leased or granted reefs and
26 beds.
27 (c) The department, in cooperation with the
28 commission, shall provide the Legislature with recommendations
29 as needed for the development and the proper protection of the
30 rights of the state and private holders therein with respect
31 to the oyster and clam business.
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1 (15) SPECIAL ACTIVITY LICENSES.--The department is
2 authorized to issue special activity licenses, in accordance
3 with s. 597.020, to permit the harvest or cultivation of
4 oysters, clams, mussels, and crabs.
5 (16) STAKING OFF WATER BOTTOMS OR BEDDING OYSTERS
6 WITHOUT OBTAINING LEASE.--Any person staking off the water
7 bottoms of this state, or bedding oysters on the bottoms of
8 the waters of this state, without previously leasing same as
9 required by law commits a violation of this section, and shall
10 acquire no rights by reason of such staking off. This
11 provision does not apply to grants heretofore made under the
12 provisions of any heretofore existing laws or to artificial
13 beds made heretofore by a riparian owner or his or her
14 grantees on the owner's riparian bottoms.
15 (17) SHELLFISH HARVESTING SEASONS; SPECIAL PROVISIONS
16 RELATING TO APALACHICOLA BAY.--
17 (a) The Fish and Wildlife Conservation Commission
18 shall by rule set the noncultured shellfish harvesting seasons
19 in Apalachicola Bay.
20 (b) If the commission changes the harvesting seasons
21 by rule as set forth in this subsection, for 3 years after the
22 new rule takes effect, the commission, in cooperation with the
23 department, shall monitor the impacts of the new harvesting
24 schedule on the bay and on local shellfish harvesters to
25 determine whether the new harvesting schedule should be
26 discontinued, retained, or modified. In monitoring the new
27 schedule and in preparing its report, the following
28 information shall be considered:
29 1. Whether the bay benefits ecologically from the new
30 harvesting schedule.
31
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1 2. Whether the new harvesting schedule enhances the
2 enforcement of shellfish harvesting laws in the bay.
3 3. Whether the new harvesting schedule enhances
4 natural shellfish production, oyster relay and planting
5 programs, and shell planting programs in the bay.
6 4. Whether the new harvesting schedule has more than a
7 short-term adverse economic impact, if any, on local shellfish
8 harvesters.
9 (18) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
10 REEFS; LICENSES, ETC.; PENALTY.--
11 (a) It is unlawful to use a dredge or any means or
12 implement other than hand tongs in removing oysters from the
13 natural or artificial state reefs or beds. This restriction
14 shall apply to all areas of Apalachicola Bay for all shellfish
15 harvesting, excluding private grounds leased or granted by the
16 state prior to July 1, 1989, if the lease or grant
17 specifically authorizes the use of implements other than hand
18 tongs for harvesting. Except in Apalachicola Bay, upon the
19 payment of $25 annually, for each vessel or boat using a
20 dredge or machinery in the gathering of clams or mussels, a
21 special activity license may be issued by the Fish and
22 Wildlife Conservation Commission pursuant to subsection (15)
23 or s. 370.06 for such use to such person.
24 (b) Approval by the department to harvest shellfish by
25 dredge or other mechanical means from privately held shellfish
26 leases or grants in Apalachicola Bay shall include, but not be
27 limited to, the following conditions:
28 1. The use of any mechanical harvesting device other
29 than ordinary hand tongs for taking shellfish for any purpose
30 from public shellfish beds in Apalachicola Bay shall be
31 unlawful.
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1 2. The possession of any mechanical harvesting device
2 on the waters of Apalachicola Bay from 5 p.m. until sunrise
3 shall be unlawful.
4 3. Leaseholders or grantees shall notify the
5 department no less than 48 hours prior to each day's use of a
6 dredge or scrape in order for the department to notify the
7 Fish and Wildlife Conservation Commission that a mechanical
8 harvesting device will be deployed.
9 4. Only two dredges or scrapes per lease or grant may
10 be possessed or operated at any time.
11 5. Each vessel used for the transport or deployment of
12 a dredge or scrape shall prominently display the lease or
13 grant number or numbers, in numerals which are at least 12
14 inches high and 6 inches wide, in such a manner that the lease
15 or grant number or numbers are readily identifiable from both
16 the air and the water.
17
18 Any violation of this paragraph or of any other statutes,
19 rules, or conditions referenced in the lease agreement shall
20 be considered a violation of the license and shall result in
21 revocation of the lease or a denial of use or future use of a
22 mechanical harvesting device.
23 (c) Oysters may be harvested from natural or public or
24 private leased or granted grounds by common hand tongs or by
25 hand, by scuba diving, free diving, leaning from vessels, or
26 wading. In Apalachicola Bay, this provision shall apply to
27 all shellfish.
28 (19) FISHING FOR RELAYING OR TRANSPLANTING PURPOSES.--
29 (a) The department shall designate areas for the
30 taking of oysters and clams to be planted on leases, grants,
31 and public areas. Oysters, clams, and mussels may be taken for
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1 relaying or transplanting at any time during the year so long
2 as, in the opinion of the department, the public health will
3 not be endangered. The amount of oysters, clams, and mussels
4 to be obtained for relaying or transplanting, the area relayed
5 or transplanted to, and relaying or transplanting time periods
6 shall be established in each case by the department.
7 (b) Application for a special activity license issued
8 pursuant to subsection (15) for obtaining oysters, clams, or
9 mussels for relaying from closed public shellfish harvesting
10 areas to open areas or certified controlled purification
11 plants or for transplanting sublegal-sized oysters, clams, or
12 mussels must be made to the department. In return, the
13 department may assign an area and a period of time for the
14 oysters, clams, or mussels to be relayed or transplanted to be
15 taken. All relaying and transplanting operations shall take
16 place under the surveillance of the department.
17 (c) Relayed oysters, clams, or mussels shall not be
18 subsequently harvested for any reason without written
19 permission or public notice from the department.
20 (20) OYSTER AND CLAM REHABILITATION.--The board of
21 county commissioners of the several counties may appropriate
22 and expend such sums as it may deem proper for the purpose of
23 planting or transplanting oysters, clams, oyster shell, clam
24 shell, or cultch or to perform such other acts for the
25 enhancement of the oyster and clam industries of the state,
26 out of any sum in the county treasury not otherwise
27 appropriated.
28 (21) DREDGING OF DEAD SHELLS PROHIBITED.--The dredging
29 of dead shell deposits is prohibited in the state.
30 (22) COOPERATION WITH UNITED STATES FISH AND WILDLIFE
31 SERVICE.--The department shall cooperate with the United
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1 States Fish and Wildlife Service, under existing federal laws,
2 rules, and regulations, and is authorized to accept donations,
3 grants, and matching funds from the Federal Government in
4 order to carry out its oyster resource and development
5 responsibilities. The department is further authorized to
6 accept any and all donations including funds, oysters, or
7 oyster shells.
8 (23) OYSTER AND CLAM SHELLS PROPERTY OF DEPARTMENT.--
9 (a) Except for oysters used directly in the half-shell
10 trade, 50 percent of all shells from oysters and clams shucked
11 commercially in the state shall be and remain the property of
12 the department when such shells are needed and required for
13 rehabilitation projects and planting operations, in
14 cooperation with the Fish and Wildlife Conservation
15 Commission, when sufficient resources and facilities exist for
16 handling and planting such shell, and when the collection and
17 handling of such shell is practicable and useful, except that
18 bona fide holders of leases and grants may retain 75 percent
19 of such shell as they produce for aquacultural purposes.
20 Storage, transportation, and planting of shells so retained by
21 lessees and grantees shall be carried out under the conditions
22 of the lease agreement or with the written approval of the
23 department and shall be subject to such reasonable time limits
24 as the department may fix. In the event of an accumulation of
25 an excess of shells, the department is authorized to sell
26 shells only to private growers for use in oyster or clam
27 cultivation on bona fide leases and grants. No profit shall
28 accrue to the department in these transactions, and shells are
29 to be sold for the estimated moneys spent by the department to
30 gather and stockpile the shells. Planting of shells obtained
31 from the department by purchase shall be subject to the
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1 conditions set forth in the lease agreement or in the written
2 approval as issued by the department. Any shells not claimed
3 and used by private oyster cultivators 10 years after shells
4 are gathered and stockpiled may be sold at auction to the
5 highest bidder for any private use.
6 (b) Whenever the department determines that it is
7 unfeasible to collect oyster or clam shells, the shells become
8 the property of the producer.
9 (c) Whenever oyster or clam shells are owned by the
10 department and it is not useful or feasible to use them in the
11 rehabilitation projects, and when no leaseholder has exercised
12 his or her option to acquire them, the department may sell
13 such shells for the highest price obtainable. The shells thus
14 sold may be used in any manner and for any purpose at the
15 discretion of the purchaser.
16 (d) Moneys derived from the sale of shell shall be
17 deposited in the General Inspection Trust Fund for shellfish
18 programs.
19 (e) The department may publish notice, in a newspaper
20 serving the county, of its intention to collect the oyster and
21 clam shells and shall notify, by certified mail, each shucking
22 establishment from which shells are to be collected. The
23 notice shall contain the period of time the department intends
24 to collect the shells in that county and the collection
25 purpose.
26 (24) OYSTER CULTURE.--The department, in cooperation
27 with the Fish and Wildlife Conservation Commission and the
28 Department of Environmental Protection, shall protect all clam
29 beds, oyster beds, shellfish grounds, and oyster reefs from
30 damage or destruction resulting from improper cultivation,
31 propagation, planting, or harvesting and control the pollution
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1 of the waters over or surrounding beds, grounds, or reefs, and
2 to this end the Department of Health is authorized and
3 directed to lend its cooperation to the department, to make
4 available its laboratory testing facilities and apparatus.
5 (25) REQUIREMENTS FOR OYSTER OR CLAM VESSELS.--
6 (a) All vessels used for the harvesting, gathering, or
7 transporting of oysters or clams for commercial purposes shall
8 be constructed and maintained to prevent contamination or
9 deterioration of shellfish. To this end, all such vessels
10 shall be provided with false bottoms and bulkheads fore and
11 aft to prevent onboard shellfish from coming in contact with
12 any bilge water. No dogs or other animals shall be allowed at
13 any time on vessels used to harvest or transport shellfish. A
14 violation of any provision of this subsection shall result in
15 at least the revocation of the violator's license.
16 (b) For the purpose of this subsection, "harvesting,
17 gathering, or transporting of oysters or clams for commercial
18 purposes" means to harvest, gather, or transport oysters or
19 clams with the intent to sell and shall apply to a quantity of
20 two or more bags of oysters per vessel or more than one
21 5-gallon bucket of unshucked hard clams per person or more
22 than two 5-gallon buckets of unshucked hard clams per vessel.
23 Section 28. Section 370.071, Florida Statutes, is
24 renumbered as section 597.020, Florida Statutes, and
25 subsection (1) of said section is amended to read:
26 597.020 370.071 Shellfish processors; regulation.--
27 (1) The department of Agriculture and Consumer
28 Services, hereinafter referred to as department, is authorized
29 to adopt by rule regulations, specifications, and codes
30 relating to sanitary practices for catching, cultivating,
31 handling, processing, packaging, preserving, canning, smoking,
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1 and storing of oysters, clams, mussels, and crabs. The
2 department is also authorized to license shellfish processors
3 who handle aquaculture facilities used to culture oysters,
4 clams, mussels, and crabs when such activities relate to
5 quality control, sanitary, and public health practices
6 pursuant to this section and chapter 500 and s. 370.06(4).
7 The department is also authorized to license or certify, for a
8 fee determined by rule, facilities used for processing
9 oysters, clams, mussels, and crabs, to levy an administrative
10 fine of up to $1,000 per violation per day or to suspend or
11 revoke such licenses or certificates upon satisfactory
12 evidence of any violation of rules adopted pursuant to this
13 section, and to seize and destroy any adulterated or
14 misbranded shellfish products as defined by rule.
15 Section 29. This act shall take effect July 1, 2000.
16
17 *****************************************
18 HOUSE SUMMARY
19
Revises and conforms provisions relating to aquaculture
20 leases and products, and reassigns responsibilities
related thereto among the Department of Agriculture and
21 Consumer Services, the Department of Environmental
Protection, and the Fish and Wildlife Conservation
22 Commission.
23
24
25
26
27
28
29
30
31
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