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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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
    11:50 AM   05/02/00                              s0806.nr18.Va
                                                  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
    11:50 AM   05/02/00                              s0806.nr18.Va
                                                  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
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27
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