Senate Bill 0674e1

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    SB 674                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to rulemaking authority

  3         regarding aquatic plants (RAB); amending s.

  4         369.25, F.S.; authorizing the Department of

  5         Environmental Protection to adopt rules

  6         requiring revegetation in specified

  7         circumstances; providing an effective date.

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

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11         Section 1.  Subsection (3) of section 369.25, Florida

12  Statutes, is amended to read:

13         369.25  Aquatic plants; definitions; permits; powers of

14  department; penalties.--

15         (3)  The department has the following powers:

16         (a)  To make such rules governing the importation,

17  transportation, nonnursery cultivation, collection, and

18  possession of aquatic plants as may be necessary for the

19  eradication, control, or prevention of the dissemination of

20  noxious aquatic plants that are not inconsistent with rules of

21  the Department of Agriculture and Consumer Services.

22         (b)  To establish by rule lists of aquatic plant

23  species regulated under this section, including those exempted

24  from such regulation, provided the Department of Agriculture

25  and Consumer Services and the Fish and Wildlife Conservation

26  Commission approve such lists prior to the lists becoming

27  effective.

28         (c)  To evaluate an aquatic plant species through

29  research or other means to determine whether such species

30  poses a threat or danger to the waters, wildlife, natural

31  resources, or environment of the state.


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






    SB 674                                         First Engrossed



  1         (d)  To declare a quarantine against aquatic plants,

  2  including the vats, pools, or other containers or bodies of

  3  water in which such plants are growing, except in aquatic

  4  plant nurseries, to prevent the dissemination of any noxious

  5  aquatic plant.

  6         (e)  To make rules governing the application for,

  7  issuance of, suspension of, and revocation of permits under

  8  this section.

  9         (f)  To enter into cooperative agreements with any

10  person as necessary or desirable to carry out and enforce the

11  provisions of this section.

12         (g)  To purchase all necessary supplies, material, and

13  equipment and accept all grants and donations useful in the

14  implementation and enforcement of the provisions of this

15  section.

16         (h)  To enter upon and inspect any facility or place,

17  except aquatic plant nurseries regulated by the Department of

18  Agriculture and Consumer Services, where aquatic plants are

19  cultivated, held, packaged, shipped, stored, or sold, or any

20  vehicle of conveyance of aquatic plants, to ascertain whether

21  the provisions of this section and department regulations are

22  being complied with, and to seize and destroy, without

23  compensation, any aquatic plants imported, transported,

24  cultivated, collected, or otherwise possessed in violation of

25  this section or department regulations.

26         (i)  To conduct a public information program,

27  including, but not limited to, erection of road signs, in

28  order to inform the public and interested parties of this

29  section and its associated rules and of the dangers of noxious

30  aquatic plant introductions. read:

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






    SB 674                                         First Engrossed



  1         (j)  To adopt rules requiring the revegetation of a

  2  site on sovereignty lands where excessive collection has

  3  occurred.

  4         Section 2.  This act shall take effect upon becoming a

  5  law.

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