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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Bronson moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 57, between lines 15 and 16,

15

16  insert:

17         Section 35.  Paragraphs (b) and (i) of subsection (2)

18  and subsection (5) of section 370.021, Florida Statutes, are

19  amended, and paragraph (o) is added to subsection (2) of that

20  section to read:

21         370.021  Administration; rules, publications, records;

22  penalties; injunctions.--

23         (2)  MAJOR VIOLATIONS.--In addition to the penalties

24  provided in paragraphs (1)(a) and (b), the court shall assess

25  additional penalties against any person, firm, or corporation

26  convicted of major violations as follows:

27         (b)  For a violation involving the taking or harvesting

28  of shrimp from a nursery or other prohibited area, or any two

29  violations within a 12-month period involving shrimping gear,

30  minimum size (count), or season, an additional penalty of $10

31  for each pound of illegal shrimp or part thereof.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         (i)  Permits issued to any person, firm, or corporation

 2  by the commission to take or harvest saltwater products, or

 3  any license issued pursuant to s. 370.06 or s. 370.07 may be

 4  suspended or revoked by the commission, pursuant to the

 5  provisions and procedures of s. 120.60, for any major

 6  violation prescribed in this subsection:

 7         1.  Upon a first conviction for a major violation, for

 8  up to 30 calendar days.

 9         2.1.  Upon a second conviction for a violation which

10  occurs within 12 months after a prior violation, for up to 90

11  calendar 60 days.

12         3.2.  Upon a third conviction for a violation which

13  occurs within 24 months after a prior violation, for up to 180

14  calendar days.

15         4.3.  Upon a fourth conviction for a violation which

16  occurs within 36 months after a prior violation, for a period

17  of 6 months to 3 years.

18         (o)  For a violation involving the taking or harvesting

19  of any marine life species, as those species are defined by

20  rule of the commission, the harvest of which is prohibited, or

21  the taking or harvesting of such a species out of season, or

22  with an illegal gear or chemical, or any violation involving

23  the possession of 25 or more individual specimens of marine

24  life species, or any combination of violations in any 3-year

25  period involving more than 70 such specimens in the aggregate,

26  the suspension or revocation of the license holder's marine

27  life endorsement as provided in paragraph (i).

28         (5)  BUYING SALTWATER PRODUCTS FROM UNLICENSED

29  SELLER.--In addition to being subject to other penalties

30  provided in this chapter, any violation of s. 370.06 or s.

31  370.07, or rules of the commission implementing s. 370.06 or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  s. 370.07, involving the purchase of buying saltwater products

 2  by a commercial wholesale dealer, retail dealer, or restaurant

 3  facility for public consumption from an unlicensed person,

 4  firm, or corporation, or the sale of saltwater products by an

 5  unlicensed person, firm, or corporation, shall be a major

 6  violation, and the commission may assess the following

 7  penalties:

 8         (a)  For a first violation, the commission may assess a

 9  civil penalty of up to $2,500 and may suspend the wholesale or

10  retail dealer's license privileges for up to 90 calendar days.

11         (b)  For a second violation occurring within 12 months

12  of a prior violation, the commission may assess a civil

13  penalty of up to $5,000 and may suspend the wholesale or

14  retail dealer's license privileges for up to 180 calendar

15  days.

16         (c)  For a third or subsequent violation occurring

17  within a 24-month period, the commission shall assess a civil

18  penalty of $5,000 and shall suspend the wholesale or retail

19  dealer's license privileges for up to 24 months.

20

21  Any proceeds from the civil penalties assessed pursuant to

22  this subsection shall be deposited into the Marine Resources

23  Conservation Trust Fund and shall be used as follows:  40

24  percent for administration and processing purposes and 60

25  percent for law enforcement purposes.

26         Section 36.  Subsection (8) of section 370.06, Florida

27  Statutes, is amended, and subsection (9) is added to that

28  section, to read:

29         370.06  Licenses.--

30         (8)  COLLECTION OF LICENSES, FEES.--Unless otherwise

31  provided by law, all license taxes or fees provided for in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  this chapter shall be collected by the commission or its duly

 2  authorized agents or deputies to be deposited by the

 3  Comptroller in the Marine Resources Conservation Trust Fund.

 4  The commission may by rule establish a reasonable processing

 5  fee for any free license or permit required under this

 6  chapter. The commission is authorized to accept payment by

 7  credit card for fees, fines, and civil penalties levied

 8  pursuant to this chapter.

 9         (9)  DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The

10  commission shall deny the renewal or issuance of any saltwater

11  products license, wholesale dealer license, or retail dealer

12  license to anyone that has unpaid fees, civil assessments, or

13  fines owed to the commission.

14         Section 37.  Section 370.13, Florida Statutes, is

15  amended to read:

16         (Substantial rewording of section. See

17         s. 370.13, F.S., for present text.)

18         370.13  Stone crab; regulation.--

19         (1)  FEES AND EQUITABLE RENT.--

20         (a)  Endorsement fee.--The fee for a stone crab

21  endorsement for the taking of stone crabs as required by rule

22  of the Fish and Wildlife Conservation Commission, is $125, $25

23  of which must be used solely for trap retrieval under s.

24  370.143.

25         (b)  Certificate fees.--

26         1.  For each trap certificate issued by the commission

27  under the requirements of the stone crab trap limitation

28  program established by commission rule, there is an annual fee

29  of $.50 per certificate. Replacement tags for lost or damaged

30  tags cost $.50 each, except that tags lost in the event of a

31  major natural disaster declared as an emergency disaster by

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  the Governor shall be replaced for the cost of the tag as

 2  incurred by the commission.

 3         2.  Except for transfers to eligible crew members as

 4  determined according to criteria established by rule of the

 5  commission, the fee for transferring certificates is $2 per

 6  certificate transferred to be paid by the purchaser of the

 7  certificate or certificates. The transfer fee for eligible

 8  crew members is $1 per certificate. Payment must be made by

 9  money order or cashier's check, submitted with the certificate

10  transfer form developed by the commission. In addition to the

11  transfer fee, a surcharge of $2 per certificate transferred,

12  or 25 percent of the actual value of the transferred

13  certificate, whichever is greater, will be assessed the first

14  time a certificate is transferred outside the original

15  holder's immediate family. Transfer fees and surcharges only

16  apply to the actual number of certificates received by the

17  purchaser. A transfer of a certificate is not effective until

18  the commission receives a notarized copy of the bill of sale

19  as proof of the actual value of the transferred certificate or

20  certificates, which must also be submitted with the transfer

21  form and payment. A transfer fee will not be assessed or

22  required when the transfer is within a family as a result of

23  the death or disability of the certificate owner. A surcharge

24  will not be assessed for any transfer within an individual's

25  immediate family.

26         (c)  Incidental take endorsement.--The cost of an

27  incidental take endorsement, as established by commission

28  rule, is $25.

29         (d)  Equitable rent.--The commission may establish by

30  rule an amount of equitable rent per trap certificate that may

31  be recovered as partial compensation to the state for the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  enhanced access to its natural resources. In determining

 2  whether to establish such a rent and the amount thereof, the

 3  commission may consider the amount of revenues annually

 4  generated by endorsement fees, trap certificate fees, transfer

 5  fees, surcharges, replacement trap tag fees, trap retrieval

 6  fees, incidental take endorsement fees, and the continued

 7  economic viability of the commercial stone crab industry.

 8  Final approval of such a rule shall be by the Governor and

 9  Cabinet sitting as the Board of Trustees of the Internal

10  Improvement Trust Fund.

11         (e)  Disposition of fees, surcharges, civil penalties

12  and fines, and equitable rent.--Endorsement fees, trap

13  certificate fees, transfer fees, civil penalties and fines,

14  surcharges, replacement trap tag fees, trap retrieval fees,

15  incidental take endorsement fees, and equitable rent, if any,

16  must be deposited in the Marine Resources Conservation Trust

17  Fund.  Not more than 50 percent of the revenues generated

18  under this section may be used for operation and

19  administration of the stone crab trap limitation program.  The

20  remaining revenues generated under this program are to be used

21  for trap retrieval, management of the stone crab fishery,

22  public education activities, evaluation of the impact of trap

23  reductions on the stone crab fishery, and enforcement

24  activities in support of the stone crab trap limitation

25  program.

26         (f)  Program to be self-supporting.--The stone crab

27  trap limitation program is intended to be a self-supporting

28  program funded from proceeds generated under this section.

29         (g)  No vested rights.--The stone crab trap limitation

30  program does not create any vested rights for endorsement or

31  certificateholders and may be altered or terminated by the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  commission as necessary to protect the stone crab resource,

 2  the participants in the fishery, or the public interest.

 3         (2)  PENALTIES.--For purposes of this subsection,

 4  conviction is any disposition other than acquittal or

 5  dismissal, regardless of whether the violation was adjudicated

 6  under any state or federal law.

 7         (a)  In addition to any other penalties provided in s.

 8  370.021, for any person, firm, or corporation who violates

 9  Rule 68B-13.010(2), F.A.C., or Rule 68B-13.011(5), (6), (7),

10  (8), or (11), F.A.C., the following administrative penalties

11  apply.

12         1.  For a first violation, the commission shall assess

13  an administrative penalty of up to $1,000 and the stone crab

14  endorsement under which the violation was committed may be

15  suspended for the remainder of the current license year.

16         2.  For a second violation that occurs within 24 months

17  of any previous such violation, the commission shall assess an

18  administrative penalty of up to $2,000 and the stone crab

19  endorsement under which the violation was committed may be

20  suspended for 12 calendar months.

21         3.  For a third violation that occurs within 36 months

22  of any previous two such violations, the commission shall

23  assess an administrative penalty of up to $5,000 and the stone

24  crab endorsement under which the violation was committed may

25  be suspended for 24 calendar months.

26         4.  A fourth violation that occurs within 48 months of

27  any three previous such violations, shall result in permanent

28  revocation of all of the violator's saltwater fishing

29  privileges, including having the commission proceed against

30  the endorsement holder's saltwater products license in

31  accordance with s. 370.021.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1

 2  Any person assessed an administrative penalty under this

 3  paragraph shall, within 30 calendar days after notification,

 4  pay the administrative penalty to the commission, or request

 5  an administrative hearing under s. 120.569 and s. 120.57.  The

 6  proceeds of all administrative penalties collected under this

 7  paragraph shall be deposited in the Marine Resource

 8  Conservation Trust Fund.

 9         (b)  It is unlawful for any person to remove the

10  contents of another harvester's trap without the express

11  written consent of the trap owner available for immediate

12  inspection.  Such unauthorized removal constitutes theft. Any

13  person convicted of theft from a trap shall, in addition to

14  the penalties specified in s. 370.021 and the provisions of

15  this section, permanently lose all his or her saltwater

16  fishing privileges, including saltwater products licenses,

17  stone crab or incidental take endorsements, and all trap

18  certificates allotted to him or her by the commission. In such

19  cases, trap certificates and endorsements are nontransferable.

20  In addition, any person, firm, or corporation convicted of

21  violating the prohibitions referenced in this paragraph shall

22  also be assessed an administrative penalty of up to $5,000.

23  Immediately upon receiving a citation for a violation

24  involving theft from a trap and until adjudicated for such a

25  violation, or if convicted of such a violation, the violator

26  is prohibited from transferring any stone crab or lobster

27  certificates.

28         (c)  Any person, firm, or corporation convicted of

29  violating commission rules that prohibit any of the following,

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         1.  The willful molestation of any stone crab trap,

 2  line, or buoy that is the property of any licenseholder,

 3  without the permission of that licenseholder.

 4         2.  The bartering, trading, or sale, or conspiring or

 5  aiding in such barter, trade, or sale, or supplying, agreeing

 6  to supply, aiding in supplying, or giving away stone crab trap

 7  tags or certificates unless the action is duly authorized by

 8  the commission as provided by commission rules.

 9         3.  The making, altering, forging, counterfeiting, or

10  reproducing of stone crab trap tags.

11         4.  Possession of forged, counterfeit, or imitation

12  stone crab trap tags.

13         5.  Engaging in the commercial harvest of stone crabs

14  during the time either of the endorsements is under suspension

15  or revocation.

16

17  In addition, any person, firm, or corporation convicted of

18  violating this paragraph shall also be assessed an

19  administrative penalty of up to $5,000, and the incidental

20  take endorsement and/or the stone crab endorsement under which

21  the violation was committed may be suspended for up to 24

22  calendar months. Immediately upon receiving a citation

23  involving a violation of this paragraph and until adjudicated

24  for such a violation, or if convicted of such a violation, the

25  person, firm, or corporation committing the violation is

26  prohibited from transferring any stone crab certificates or

27  endorsements.

28         (d)  For any person, firm, or corporation convicted of

29  fraudulently reporting the actual value of transferred stone

30  crab certificates, the commission may automatically suspend or

31  permanently revoke the seller's or the purchaser's stone crab

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  endorsements. If the endorsement is permanently revoked, the

 2  commission shall also permanently deactivate the endorsement

 3  holder's stone crab certificate accounts. Whether an

 4  endorsement is suspended or revoked, the commission may also

 5  levy a fine against the holder of the endorsement of up to

 6  twice the appropriate surcharge to be paid based on the fair

 7  market value of the transferred certificates.

 8         (e)  During any period of suspension or revocation of

 9  an endorsement holder's endorsement, he or she shall remove

10  all traps subject to that endorsement from the water within 15

11  days after notice provided by the commission. Failure to do so

12  will extend the period of suspension or revocation for an

13  additional 6 calendar months.

14         (f)  An endorsement will not be renewed until all fees

15  and administrative penalties imposed under this section are

16  paid.

17         (3)  DEPREDATION ENDORSEMENTS.--The Fish and Wildlife

18  Conservation Commission shall issue a depredation endorsement

19  on the saltwater products license, which shall entitle the

20  license holder to possess and use up to 75 stone crab traps

21  and up to 75 blue crab traps, notwithstanding any other

22  provisions of law, for the incidental take of destructive or

23  nuisance stone crabs or blue crabs within 1 mile of

24  aquaculture shellfish beds.  Any marine aquaculture producer

25  as defined by s. 370.26 who raises shellfish may obtain a

26  depredation endorsement by providing an aquaculture

27  registration certificate to the commission.  No stone crabs or

28  blue crabs taken under this subsection may be sold or offered

29  for sale.

30         Section 38.  Subsection (1) of section 370.135, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         370.135  Blue crab; regulation.--

 2         (1)  No person, firm, or corporation shall transport on

 3  the water, fish with or cause to be fished with, set, or place

 4  any trap designed for taking blue crabs unless such person,

 5  firm, or corporation is the holder of a valid saltwater

 6  products license issued pursuant to s. 370.06 and the trap has

 7  a current state number permanently attached to the buoy. The

 8  trap number shall be affixed in legible figures at least 1

 9  inch high on each buoy used. The saltwater products license

10  must be on board the boat, and both the license and the crabs

11  shall be subject to inspection at all times.  Only one trap

12  number may be issued for each boat by the commission upon

13  receipt of an application on forms prescribed by it.  This

14  subsection shall not apply to an individual fishing with no

15  more than five traps.  It is a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084, for any person willfully to molest any traps, lines,

18  or buoys, as defined herein, belonging to another without

19  permission of the licenseholder. It is unlawful for any person

20  to remove the contents of another harvester's trap without the

21  express written consent of the trap owner available for

22  immediate inspection. Such unauthorized removal constitutes

23  theft. Any person convicted of theft from a trap shall, in

24  addition to the penalties specified in s. 370.021 and the

25  provisions of this section, permanently lose all his or her

26  saltwater fishing privileges including his or her saltwater

27  products license and blue crab endorsement. In such cases

28  endorsements are nontransferable. In addition, any person,

29  firm, or corporation convicted of violating this paragraph

30  shall also be assessed an administrative penalty of up to

31  $5,000. Immediately upon receiving a citation for a violation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  involving theft from a trap and until adjudicated for such a

 2  violation, or if convicted of such a violation, the person,

 3  firm, or corporation committing the violation is prohibited

 4  from transferring any blue crab endorsements.

 5         Section 39.  Subsection (2) of section 370.14, Florida

 6  Statutes, is amended to read:

 7         370.14  Crawfish; regulation.--

 8         (2)(a)  Each trap used for taking or attempting to take

 9  crawfish must have a trap number permanently attached to the

10  trap and the buoy. This trap number may be issued by the Fish

11  and Wildlife Conservation Commission upon the receipt of

12  application by the owner of the traps and accompanied by the

13  payment of a fee of $100. The design of the applications and

14  of the trap number shall be determined by the commission. Any

15  trap or device used in taking or attempting to take crawfish,

16  other than a trap with the trap number attached as prescribed

17  in this paragraph, shall be seized and destroyed by the

18  commission. The proceeds of the fees imposed by this paragraph

19  shall be deposited and used as provided in paragraph (b). The

20  commission may adopt is authorized to promulgate rules and

21  regulations to carry out the intent of this section.

22         (b)  Fees collected pursuant to paragraph (a) shall be

23  deposited as follows:

24         1.  Fifty percent of the fees collected shall be

25  deposited in the Marine Resources Conservation Trust Fund for

26  use in enforcing the provisions of paragraph (a) through

27  aerial and other surveillance and trap retrieval.

28         2.  Fifty percent of the fees collected shall be

29  deposited as provided in s. 370.142(6) s. 370.142(5).

30         Section 40.  Subsection (2) of section 370.142, Florida

31  Statutes, is amended, to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         370.142  Spiny lobster trap certificate program.--

 2         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

 3  PENALTIES.--The Fish and Wildlife Conservation Commission

 4  shall establish a trap certificate program for the spiny

 5  lobster fishery of this state and shall be responsible for its

 6  administration and enforcement as follows:

 7         (a)  Transferable trap certificates.--Each holder of a

 8  saltwater products license who uses traps for taking or

 9  attempting to take spiny lobsters shall be required to have a

10  certificate on record for each trap possessed or used

11  therefor, except as otherwise provided in this section.

12         1.  The Department of Environmental Protection shall

13  initially allot such certificates to each licenseholder with a

14  current crawfish trap number who uses traps.  The number of

15  such certificates allotted to each such licenseholder shall be

16  based on the trap/catch coefficient established pursuant to

17  trip ticket records generated under the provisions of s.

18  370.06(2)(a) over a 3-year base period ending June 30, 1991.

19  The trap/catch coefficient shall be calculated by dividing the

20  sum of the highest reported single license-year landings up to

21  a maximum of 30,000 pounds for each such licenseholder during

22  the base period by 700,000. Each such licenseholder shall then

23  be allotted the number of certificates derived by dividing his

24  or her highest reported single license-year landings up to a

25  maximum of 30,000 pounds during the base period by the

26  trap/catch coefficient. Nevertheless, no licenseholder with a

27  current crawfish trap number shall be allotted fewer than 10

28  certificates. However, certificates may only be issued to

29  individuals; therefore, all licenseholders other than

30  individual licenseholders shall designate the individual or

31  individuals to whom their certificates will be allotted and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  the number thereof to each, if more than one. After initial

 2  issuance, trap certificates are transferable on a market basis

 3  and may be transferred from one licenseholder to another for a

 4  fair market value agreed upon between the transferor and

 5  transferee. Each such transfer shall, within 72 hours thereof,

 6  be recorded on a notarized form provided for that purpose by

 7  the Fish and Wildlife Conservation Commission and hand

 8  delivered or sent by certified mail, return receipt requested,

 9  to the commission for recordkeeping purposes. In addition, in

10  order to cover the added administrative costs of the program

11  and to recover an equitable natural resource rent for the

12  people of the state, a transfer fee of $2 per certificate

13  transferred shall be assessed against the purchasing

14  licenseholder and sent by money order or cashier's check with

15  the certificate transfer form. Also, in addition to the

16  transfer fee, a surcharge of $5 per certificate transferred or

17  25 percent of the actual market value, whichever is greater,

18  given to the transferor shall be assessed the first time a

19  certificate is transferred outside the original transferor's

20  immediate family. No transfer of a certificate shall be

21  effective until the commission receives the notarized transfer

22  form and the transfer fee, including any surcharge, is paid.

23  The commission may establish by rule an amount of equitable

24  rent per trap certificate that shall be recovered as partial

25  compensation to the state for the enhanced access to its

26  natural resources. Final approval of such a rule shall be by

27  the Governor and Cabinet sitting as the Board of Trustees of

28  the Internal Improvement Trust Fund. In determining whether to

29  establish such a rent and, if so, the amount thereof, the

30  commission shall consider the amount of revenues annually

31  generated by certificate fees, transfer fees, surcharges, trap

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  license fees, and sales taxes, the demonstrated fair market

 2  value of transferred certificates, and the continued economic

 3  viability of the commercial lobster industry. The proceeds of

 4  equitable rent recovered shall be deposited in the Marine

 5  Resources Conservation Trust Fund and used by the commission

 6  for research, management, and protection of the spiny lobster

 7  fishery and habitat. A transfer fee may not be assessed or

 8  required when the transfer is within a family as a result of

 9  the death or disability of the certificate owner. A surcharge

10  will not be assessed for any transfer within an individual's

11  immediate family.

12         2.  No person, firm, corporation, or other business

13  entity may control, directly or indirectly, more than 1.5

14  percent of the total available certificates in any license

15  year.

16         3.  The commission shall maintain records of all

17  certificates and their transfers and shall annually provide

18  each licenseholder with a statement of certificates held.

19         4.  The number of trap tags issued annually to each

20  licenseholder shall not exceed the number of certificates held

21  by the licenseholder at the time of issuance, and such tags

22  and a statement of certificates held shall be issued

23  simultaneously.

24         5.  Beginning July 1, 2003, and applicable to the

25  2003-2004 lobster season and thereafter, it is unlawful for

26  any person to lease lobster trap tags or certificates.

27         (b)  Trap tags.--Each trap used to take or attempt to

28  take spiny lobsters in state waters or adjacent federal waters

29  shall, in addition to the crawfish trap number required by s.

30  370.14(2), have affixed thereto an annual trap tag issued by

31  the commission. Each such tag shall be made of durable plastic

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  or similar material and shall, based on the number of

 2  certificates held, have stamped thereon the owner's license

 3  number. To facilitate enforcement and recordkeeping, such tags

 4  shall be issued each year in a color different from that of

 5  each of the previous 3 years. The annual certificate fee shall

 6  be $1 per certificate. Replacement tags for lost or damaged

 7  tags may be obtained as provided by rule of the commission.

 8         (c)  Prohibitions; penalties.--

 9         1.  It is unlawful for a person to possess or use a

10  spiny lobster trap in or on state waters or adjacent federal

11  waters without having affixed thereto the trap tag required by

12  this section.  It is unlawful for a person to possess or use

13  any other gear or device designed to attract and enclose or

14  otherwise aid in the taking of spiny lobster by trapping that

15  is not a trap as defined in rule 68B-24.006(2) 46-24.006(2),

16  Florida Administrative Code.

17         2.  It is unlawful for a person to possess or use spiny

18  lobster trap tags without having the necessary number of

19  certificates on record as required by this section.

20         3.  It is unlawful for any person to remove the

21  contents of another harvester's trap without the express

22  written consent of the trap owner available for immediate

23  inspection. Such unauthorized removal constitutes theft. Any

24  person convicted of theft from a trap shall, in addition to

25  the penalties specified in ss. 370.021 and 370.14 and the

26  provisions of this section, permanently lose all his or her

27  saltwater fishing privileges, including his or her saltwater

28  products license, crawfish endorsement, and all trap

29  certificates allotted to him or her through this program. In

30  such cases, trap certificates and endorsements are

31  nontransferable. In addition, any person, firm, or corporation

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  convicted of violating this paragraph shall also be assessed

 2  an administrative penalty of up to $5,000. Immediately upon

 3  receiving a citation for a violation involving theft from a

 4  trap and until adjudicated for such a violation or, if

 5  convicted of such a violation, the person, firm, or

 6  corporation committing the violation is prohibited from

 7  transferring any crawfish trap certificates and endorsements.

 8         4.3.  In addition to any other penalties provided in s.

 9  370.021, a commercial harvester, as defined by rule

10  68B-24.002(1) 46-24.002(1), Florida Administrative Code, who

11  violates the provisions of this section, or the provisions

12  relating to traps of chapter 68B-24 46-24, Florida

13  Administrative Code, shall be punished as follows:

14         a.  If the first violation is for violation of

15  subparagraph 1. or subparagraph 2., the commission shall

16  assess an additional civil penalty of up to $1,000 and the

17  crawfish trap number issued pursuant to s. 370.14(2) or (6)

18  may be suspended for the remainder of the current license

19  year. For all other first violations, the commission shall

20  assess an additional civil penalty of up to $500.

21         b.  For a second violation of subparagraph 1. or

22  subparagraph 2. which occurs within 24 months of any previous

23  such violation, the commission shall assess an additional

24  civil penalty of up to $2,000 and the crawfish trap number

25  issued pursuant to s. 370.14(2) or (6) may be suspended for

26  the remainder of the current license year.

27         c.  For a third or subsequent violation of subparagraph

28  1., or subparagraph 2., or subparagraph 3. which occurs within

29  36 months of any previous two such violations, the commission

30  shall assess an additional civil penalty of up to $5,000 and

31  may suspend the crawfish trap number issued pursuant to s.

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  370.14(2) or (6) for a period of up to 24 months or may revoke

 2  the crawfish trap number and, if revoking the crawfish trap

 3  number, may also proceed against the licenseholder's saltwater

 4  products license in accordance with the provisions of s.

 5  370.021(2)(i).

 6         d.  Any person assessed an additional civil penalty

 7  pursuant to this section shall within 30 calendar days after

 8  notification:

 9         (I)  Pay the civil penalty to the commission; or

10         (II)  Request an administrative hearing pursuant to the

11  provisions of s. 120.60.

12         e.  The commission shall suspend the crawfish trap

13  number issued pursuant to s. 370.14(2) or (6) for any person

14  failing to comply with the provisions of sub-subparagraph d.

15         5.4.a.  It is unlawful for any person to make, alter,

16  forge, counterfeit, or reproduce a spiny lobster trap tag or

17  certificate.

18         b.  It is unlawful for any person to knowingly have in

19  his or her possession a forged, counterfeit, or imitation

20  spiny lobster trap tag or certificate.

21         c.  It is unlawful for any person to barter, trade,

22  sell, supply, agree to supply, aid in supplying, or give away

23  a spiny lobster trap tag or certificate or to conspire to

24  barter, trade, sell, supply, aid in supplying, or give away a

25  spiny lobster trap tag or certificate unless such action is

26  duly authorized by the commission as provided in this chapter

27  or in the rules of the commission.

28         6.5.a.  Any person who violates the provisions of

29  subparagraph 5. subparagraph 4., or any person who engages in

30  the commercial harvest, trapping, or possession of spiny

31  lobster without a crawfish trap number as required by s.

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  370.14(2) or (6) or during any period while such crawfish trap

 2  number is under suspension or revocation, commits a felony of

 3  the third degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084.

 5         b.  In addition to any penalty imposed pursuant to

 6  sub-subparagraph a., the commission shall levy a fine of up to

 7  twice the amount of the appropriate surcharge to be paid on

 8  the fair market value of the transferred certificates, as

 9  provided in subparagraph (a)1., on any person who violates the

10  provisions of sub-subparagraph 5.c 4.c.

11         7.6.  Any certificates for which the annual certificate

12  fee is not paid for a period of 3 years shall be considered

13  abandoned and shall revert to the commission. During any

14  period of trap reduction, any certificates reverting to the

15  commission shall become permanently unavailable and be

16  considered in that amount to be reduced during the next

17  license-year period. Otherwise, any certificates that revert

18  to the commission are to be reallotted in such manner as

19  provided by the commission.

20         8.7.  The proceeds of all civil penalties collected

21  pursuant to subparagraph 4. subparagraph 3. and all fines

22  collected pursuant to sub-subparagraph 6.b. sub-subparagraph

23  5.b. shall be deposited into the Marine Resources Conservation

24  Trust Fund.

25         9.8.  All traps shall be removed from the water during

26  any period of suspension or revocation.

27         (d)  No vested rights.--The trap certificate program

28  shall not create vested rights in licenseholders whatsoever

29  and may be altered or terminated as necessary to protect the

30  spiny lobster resource, the participants in the fishery, or

31  the public interest.

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         Section 41.  Subsections (2), (3), and (4) of section

 2  370.143, Florida Statutes, are amended to read:

 3         370.143  Retrieval of lobster and stone crab traps

 4  during closed season; commission authority; fees.--

 5         (2)  A retrieval fee of $10 per trap retrieved shall be

 6  assessed trap owners.  However, for persons holding a stone

 7  crab endorsement issued under rule of the Fish and Wildlife

 8  Conservation Commission, the retrieval fee shall be waived for

 9  the first five traps retrieved. Traps recovered under this

10  program shall become the property of the commission or its

11  contract agent, as determined by the commission, and shall be

12  either destroyed or resold to the original owner.  Revenue

13  from retrieval fees shall be deposited in the Marine Resources

14  Conservation Trust Fund and used solely for operation of the

15  trap retrieval program.

16         (3)  Payment of all the assessed retrieval fees fee

17  shall be required prior to renewal of the trap owner's

18  saltwater products license and stone crab and or crawfish

19  endorsements trap number as a condition of number renewal.

20  Retrieval fees assessed under this program shall stand in lieu

21  of other penalties imposed for such trap violations.

22         (4)  In the event of a major natural disaster in an

23  area declared by the Governor to be a disaster emergency area,

24  such as a hurricane or major storm causing massive trap

25  losses, the commission shall waive the trap retrieval fee.

26         Section 42.  Subsection (4) of section 370.15, Florida

27  Statutes, is amended to read:

28         370.15  Shrimp; regulation.--

29         (4)  SHRIMP TRAWLING.--All persons, firms, and

30  corporations desiring to trawl for shrimp within areas in

31  which trawling is permitted shall have a noncommercial trawl

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  or net registration or purchase a saltwater products license

 2  issued to a valid boat registration or in the name of an

 3  individual pursuant to s. 370.06.  The saltwater products

 4  license shall remain on board at all times and is subject to

 5  immediate revocation upon conviction for violation of this

 6  section or when it becomes apparent that the best interests of

 7  saltwater conservation will be served by such action.  A

 8  noncommercial trawl or net registration must be issued to each

 9  net used to take shrimp for noncommercial purposes.  Such net

10  or trawl shall have a corkline measurement of 16 feet or less.

11  Possession of shrimp under a noncommercial registration is

12  limited to 25 pounds while on the water.  Due to the varied

13  habitats and types of bottoms and hydrographic conditions

14  embraced by the open fishing area, the commission shall have

15  the authority to specify and regulate the types of gear that

16  may be used in the different sections of the open areas.

17         Section 43.  Subsections (4) and (5) of section

18  370.153, Florida Statutes, are amended to read:

19         370.153  Regulation of shrimp fishing; Clay, Duval,

20  Nassau, Putnam, Flagler, and St. Johns Counties.--

21         (4)  DEAD SHRIMP PRODUCTION.--Any person may operate as

22  a commercial dead shrimp producer provided that:

23         (a)  A dead shrimp production permit is procured from

24  the Fish and Wildlife Conservation Commission upon the receipt

25  by the commission of a properly filled out and approved

26  application by a person intending to use a boat, not to exceed

27  35 feet in length in Duval, St. Johns, Putnam, and Clay

28  Counties, and not to exceed 45 feet in length in Nassau

29  County, for dead shrimp production within the inland waters of

30  Nassau County and the inland waters of the St. Johns River of

31  Duval, Putnam, St. Johns, Flagler, or Clay Counties, which

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  permit shall cost $250 and shall be required for each vessel

 2  used for dead shrimp production. The design of the application

 3  and permit shall be determined by the Fish and Wildlife

 4  Conservation Commission. The proceeds of the fees imposed by

 5  this paragraph shall be deposited into the account of the

 6  Marine Resources Conservation Trust Fund to be used by the

 7  commission for the purpose of enforcement of marine resource

 8  laws.

 9         (b)  All commercial trawling in the St. Johns River

10  proper shall be restricted to the area north of the Acosta

11  Bridge in Jacksonville and at least 100 yards from the nearest

12  shoreline.

13         (c)  All commercial shrimping activities shall be

14  allowed during daylight hours from Tuesday through Friday each

15  week.

16         (d)  No person holding a dead shrimp production permit

17  issued pursuant to this subsection shall simultaneously hold a

18  permit for noncommercial trawling under the provisions of

19  subsection (5).  The number of permits issued by the

20  commission for commercial trawling or dead shrimp production

21  in any one year shall be limited to those active the number

22  issued in the base year, 1976, and renewed annually since

23  1976.  All permits for dead shrimp production issued pursuant

24  to this section shall be inheritable or transferable to an

25  immediate family member and annually renewable by the holder

26  thereof.  Such inheritance or transfer shall be valid upon

27  being registered with the commission. Each permit All permits

28  not renewed shall expire and shall not be renewed under any

29  circumstances.

30         (e)  It is illegal for any person to sell dead shrimp

31  caught in the inland waters of Nassau, Duval, Clay, Putnam,

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  and St. Johns Counties, unless the seller is in possession of

 2  a dead shrimp production license issued pursuant to this

 3  subsection.

 4         (f)  It is illegal for any person to purchase shrimp

 5  for consumption or bait from any seller (with respect to

 6  shrimp caught in the inland waters of Nassau, Duval, Clay,

 7  Putnam, and St. Johns Counties (St. Johns River)) who does not

 8  produce his or her dead shrimp production license prior to the

 9  sale of the shrimp.

10         (g)  In addition to any other penalties provided for in

11  this section, any person who violates the provisions of this

12  subsection shall have his or her license revoked by the

13  commission.

14         (h)  The commission shall rename the Dead Shrimp

15  Production License as the Commercial Food Shrimp Production

16  License.

17         (5)  NONCOMMERCIAL TRAWLING.--If noncommercial trawling

18  is authorized by the Fish and Wildlife Conservation

19  Commission, any person may trawl for harvest shrimp in the St.

20  Johns River for his or her own use as food and may trawl for

21  such shrimp under the following conditions:

22         (a)  Each person who desires to trawl for shrimp for

23  use as food shall obtain a noncommercial trawling permit from

24  the local office of the Fish and Wildlife Conservation

25  Commission upon filling out an application on a form

26  prescribed by the commission and upon paying a fee for the

27  permit, which shall cost $50.

28         (b)  All trawling shall be restricted to the confines

29  of the St. Johns River proper in the area north of the Acosta

30  Bridge in Jacksonville and at least 100 yards from the nearest

31  shoreline.

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         (c)  No shrimp caught by a person licensed under the

 2  provisions of this subsection may be sold or offered for sale.

 3         Section 44.  Section 370.25, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 370.25, F.S., for present text.)

 7         370.25  Artificial reef program; grants and financial

 8  and technical assistance to local governments.--

 9         (1)  An artificial reef program is created within the

10  Fish and Wildlife Conservation Commission to enhance saltwater

11  opportunities and to promote proper management of fisheries

12  resources associated with artificial reefs for the public

13  interest. Under the program, the commission may provide grants

14  and financial and technical assistance to coastal local

15  governments and nonprofit corporations qualified under s.

16  501(c)(3) of the Internal Revenue Code for the siting and

17  development of artificial reefs as well as for monitoring and

18  evaluating their recreational, economic, and biological

19  effectiveness. The program may be funded from state, federal,

20  and private contributions.

21         (2)  The commission may adopt by rule procedures for

22  submitting an application for financial assistance and

23  criteria for allocating available funds.

24         (3)  The commission may adopt by rule criteria for

25  siting, constructing, managing, and evaluating the

26  effectiveness of artificial reefs placed in state or adjacent

27  federal waters, consistent with this section.

28         (4)  The commission may adopt by rule criteria for

29  determining the eligibility of nonprofit corporations

30  qualified under s. 501(c)(3) of the Internal Revenue Code to

31  apply for and receive funds available for artificial reef

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  development or evaluation. The criteria must include, but are

 2  not limited to, the following:

 3         (a)  The corporation must show proof that it is a

 4  nonprofit corporation qualified under s. 501(c)(3) of the

 5  Internal Revenue Code.

 6         (b)  The corporation must state in its articles of

 7  incorporation or bylaws that one of its objectives is the

 8  development or monitoring of artificial reefs.

 9         (5)  The commission's artificial reef program shall

10  track all artificial-reef-development activities statewide,

11  and maintain a computer database of these activities for the

12  public interest and to facilitate long-range planning and

13  coordination within the commission and among local

14  governments.

15         (6)  It is unlawful for any person to:

16         (a)  Place artificial-reef-construction materials in

17  state water outside zones permitted under the terms and

18  conditions defined in any artificial-reef permits issued by

19  the United States Army Corps of Engineers or by the Fish and

20  Wildlife Conservation Commission.

21         (b)  Store, possess, or transport on or across state

22  waters any materials reasonably suited for artificial-reef

23  construction and stored in a manner providing ready access for

24  use and placement as an artificial reef, unless a valid cargo

25  manifest issued by the commission or a commission-certified

26  inspector is onboard the transporting vessel.  The manifest

27  will serve as authorization to use a valid permitted site or

28  land-based staging area, will validate that the type of

29  artificial-reef construction material being transported is

30  permissible for use at the permitted site, and will describe

31  and quantify the artificial-reef material being

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  transported.  The manifest will also include the latitude and

 2  longitude coordinates of the proposed deployment location, the

 3  valid permit number, and a copy of the permit conditions for

 4  the permitted site.  The manifest must be available for

 5  inspection by any authorized law enforcement officer or

 6  commission employee.

 7         (7)(a)  An initial violation of subsection (6) is a

 8  misdemeanor of the first degree, punishable as provided in s.

 9  775.082 or s. 775.083. A subsequent violation of subsection

10  (6) which is committed within 12 months after a previous

11  violation of that subsection is a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         (b)  If a violation of subsection (6) occurs, a law

15  enforcement officer may terminate a vessel's voyage and order

16  the vessel operator to return immediately to port. Failure or

17  refusal to comply with an order to return to port constitutes

18  a felony of the third degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.  The vessel operator must

20  immediately dispose of the materials on shore according to

21  applicable waste disposal laws.

22         (c)  If, at the time of the violation, the vessel that

23  is involved in the violation:

24         1.  Is moored at a land-based facility, the registered

25  owner of the vessel is responsible for the violation.

26         2.  Is underway or anchored, the captain or operator of

27  the vessel and the registered owner of the vessel are jointly

28  responsible for the violation.

29         (d)  In addition to the penalties imposed in this

30  subsection, the commission shall assess civil penalties of up

31  to $5,000 against any person convicted of violating subsection

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1  (6) and may seek the suspension or revocation of the vessel

 2  registration, existing reef-construction permits, or other

 3  state marine licenses held by the violator. For the purposes

 4  of this section, conviction includes any judicial disposition

 5  other than acquittal or dismissal.

 6         Section 45.  (1)  The sum of $97,049 is appropriated

 7  from the commercial revenues in the Marine Resources

 8  Conservation Trust Fund to the Fish and Wildlife Conservation

 9  Commission for fiscal year 2000-2001, for four career service

10  positions that are authorized for the commission to implement

11  the stone crab trap limitation program. This appropriation

12  shall be made after funds have been distributed pursuant to

13  section 328.76(2)(b), Florida Statutes.

14         (2)  The sum of $254,408 is appropriated from the

15  commercial revenues in the Marine Resources Conservation Trust

16  Fund to the Fish and Wildlife Conservation Commission for

17  program operation, plus the sum of $130,000 to cover the cost

18  of stone crab trap tags in fiscal year 2000-2001, in order to

19  implement the stone crab trap limitation program in fiscal

20  year 2001-2002. This appropriation shall be made after funds

21  have been distributed pursuant to section 328.76(2)(b),

22  Florida Statutes.

23

24  (Redesignate subsequent sections.)

25

26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 5, line 13, after the semicolon

30

31  insert:

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         amending s. 370.021, F.S.; providing penalties

 2         for illegal buying and selling of marine

 3         products; revising violations and penalties;

 4         amending s. 370.06, F.S.; authorizing the Fish

 5         and Wildlife Conservation Commission to accept

 6         credit cards for specified charges; requiring

 7         the denial of license renewal or issuance to

 8         those having unpaid fees, assessments, or

 9         fines; amending s. 370.13, F.S.; providing for

10         fees and equitable rent related to stone crabs;

11         prohibiting the acquisition of vested rights;

12         providing penalties; amending s. 370.135, F.S.;

13         providing penalties for theft from a blue crab

14         trap; amending s. 370.14, F.S.; conforming a

15         statutory cross-reference; amending s. 370.142,

16         F.S.; requiring the Board of Trustees of the

17         Internal Improvement Trust Fund to approve a

18         rule establishing equitable rent in the

19         crawfish fishing if the rule is developed;

20         waiving certificate transfer fees and

21         surcharges when the transfer is within the

22         immediate family due to death or disability;

23         providing a penalty for theft from a crawfish

24         trap; providing penalties; conforming

25         cross-references; amending s. 370.143, F.S.;

26         waiving a trap retrieval fee for specified

27         licenseholders; requiring the payment of fees

28         before license and endorsement renewal; waiving

29         trap retrieval fees if the Governor declares a

30         disaster emergency area; amending s. 370.15,

31         F.S.; eliminating a requirement for

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 806, 1st Eng.

    Amendment No.    





 1         noncommercial net registration; amending s.

 2         370.153, F.S.; providing that noncommercial

 3         trawling must be authorized by the Fish and

 4         Wildlife Conservation Commission; amending s.

 5         370.25, F.S.; providing that the artificial

 6         reef program is created within the Fish and

 7         Wildlife Conservation Commission; eliminating

 8         criteria for allocation of funds; limiting

 9         funding to specified corporations; providing

10         requirements for the storage, possession, and

11         transport of artificial reef materials;

12         revising permit requirements; providing a

13         felony penalty; providing appropriations;

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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