Senate Bill 0806c3

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    Florida Senate - 2000              CS for CS for CS for SB 806

    By the Committees on Fiscal Resource; Natural Resources;
    Agriculture and Consumer Services; and Senator Laurent




    314-2077-00

  1                      A bill to be entitled

  2         An act relating to aquaculture; amending s.

  3         253.002, F.S.; providing duties of the

  4         Department of Agriculture and Consumer Services

  5         with respect to certain state lands; amending

  6         s. 253.01, F.S.; providing for disposition of

  7         fees for aquaculture leases; amending s.

  8         253.67, F.S.; revising definitions; amending s.

  9         253.71, F.S.; revising aquaculture lease

10         contract fee and performance requirements;

11         amending s. 253.72, F.S.; providing

12         requirements for the marking of leased areas;

13         amending s. 253.75, F.S.; requiring the Board

14         of Trustees of the Internal Improvement Trust

15         Fund to request comments by the Fish and

16         Wildlife Conservation Commission regarding

17         certain submerged land leases; amending s.

18         270.22, F.S.; conforming disposition of rental

19         fees for aquaculture leases; amending s.

20         328.76, F.S.; providing for use of certain

21         commercial vessel registration fees for

22         aquaculture law enforcement and quality control

23         programs; amending s. 370.06, F.S.; deleting

24         authority of the Department of Agriculture and

25         Consumer Services to issue certain special

26         activity licenses under ch. 370, F.S.;

27         clarifying requirements relating to the

28         educational seminar for applicants for an

29         Apalachicola Bay oyster harvesting license;

30         amending s. 370.07, F.S.; providing for the

31         distribution of funds from the Florida

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  1         Saltwater Products Promotional Trust Fund;

  2         providing for transfer of responsibilities

  3         relating to the Apalachicola Bay oyster

  4         surcharge from the Department of Environmental

  5         Protection to the Department of Agriculture and

  6         Consumer Services; amending s. 370.16, F.S.;

  7         revising regulation of noncultured shellfish

  8         harvesting; providing for protection of

  9         shellfish and aquaculture products; repealing

10         s. 370.16(1), (2), (3), (4), (5), (6), (7),

11         (8), (9), (10), (11), (13), (16), (17), (19),

12         (22), (24), (25), (26), and (27), F.S.,

13         relating to regulation and enforcement of

14         oyster and shellfish leases by the Department

15         of Environmental Protection, protection and

16         development of oyster and shellfish resources,

17         and regulation of processing for commercial

18         use; amending ss. 370.161 and 372.071, F.S.;

19         conforming cross-references; amending s.

20         372.6673, F.S.; requiring collection of a

21         marketing assessment fee for alligator products

22         marketing and education; amending s. 372.6674,

23         F.S.; requiring collection of a marketing and

24         assessment fee; amending s. 373.046, F.S.;

25         revising regulatory responsibility under pt. IV

26         of ch. 373, F.S., for aquacultural activities;

27         amending ss. 403.814, 409.2598, and 500.03,

28         F.S.; conforming cross-references; amending ss.

29         570.18 and 570.29, F.S.; conforming provisions

30         relating to organization of the Department of

31         Agriculture and Consumer Services; creating s.

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  1         570.61, F.S.; providing powers and duties of

  2         the Division of Aquaculture of the Department

  3         of Agriculture and Consumer Services; creating

  4         s. 570.62, F.S.; providing for appointment and

  5         duties of a division director; repealing s.

  6         370.26(3)-(5), F.S., and amending s. 597.003,

  7         F.S.; requiring a portion of profits from

  8         aquaculture contracts to be set aside for

  9         funding certain aquaculture projects; amending

10         s. 370.26, F.S.; transferring certain

11         responsibilities relating to aquaculture

12         development from the Department of

13         Environmental Protection to the Department of

14         Agriculture and Consumer Services; amending s.

15         597.004, F.S.; revising provisions relating to

16         aquaculture certificates of registration;

17         amending s. 597.0041, F.S.; providing an

18         administrative fine; providing penalties;

19         amending s. 597.005, F.S.; requiring review of

20         aquaculture legislative budget requests by the

21         Aquaculture Review Council; amending s.

22         597.006, F.S.; revising membership of the

23         Aquaculture Interagency Coordinating Council;

24         creating s. 597.010, F.S.; providing for

25         regulation and enforcement of shellfish leases

26         by the Department of Agriculture and Consumer

27         Services; providing for continuation of leases

28         previously issued under ch. 370, F.S.;

29         providing for rental fees, fee adjustments,

30         late fees, and forfeiture for nonpayment of

31         fees; providing a lease surcharge for certain

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  1         purposes; providing for rules; providing

  2         cultivation requirements for leased lands;

  3         restricting the inheriting or transfer of

  4         leases; requiring a deposit for investigations

  5         relating to petitions for cancellation of

  6         leases to natural reefs; providing for

  7         inclusion of natural reefs in leased areas

  8         under certain circumstances; restricting leases

  9         available in Franklin County; providing

10         prohibitions; providing for shellfish

11         protection and development; providing for

12         special activity licenses for harvest or

13         cultivation of oysters, clams, mussels, and

14         crabs; providing for uncultured shellfish

15         harvesting seasons in Apalachicola Bay;

16         restricting harvest of shellfish by mechanical

17         means; providing a penalty; providing for

18         enhancement of oyster and clam industries by

19         the counties; prohibiting dredging of dead

20         shells; providing for cooperation with the

21         United States Fish and Wildlife Service;

22         providing requirements for vessels harvesting,

23         gathering, or transporting oysters or clams for

24         commercial purposes; providing a definition;

25         renumbering and amending s. 370.071, F.S.;

26         providing that regulation of shellfish

27         processors includes processors processing

28         scallops; providing for a fee for licensure or

29         certification of processing facilities;

30         authorizing an administrative fine for

31         violation of rules relating to regulation of

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  1         shellfish processors; amending s. 190.003,

  2         F.S.; including the owner of a long-term ground

  3         lease from a governmental entity within the

  4         definition of a "landowner"; amending s.

  5         190.005, F.S.; providing that the establishment

  6         of a community development district must

  7         contain the consent of all landowners whose

  8         lands are to be included in the district;

  9         amending s. 190.021, F.S.; providing that

10         certain ad valorem taxes and non-ad valorem

11         assessments on property of a governmental

12         entity are not a lien on the entity's

13         underlying fee interest; providing an effective

14         date.

15

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

17

18         Section 1.  Section 253.002, Florida Statutes, is

19  amended to read:

20         253.002  Department of Environmental Protection, and

21  water management districts, and Department of Agriculture and

22  Consumer Services; duties with respect to state lands.--

23         (1)  The Department of Environmental Protection shall

24  perform all staff duties and functions related to the

25  acquisition, administration, and disposition of state lands,

26  title to which is or will be vested in the Board of Trustees

27  of the Internal Improvement Trust Fund. However, upon the

28  effective date of rules adopted pursuant to s. 373.427, a

29  water management district created under s. 373.069 shall

30  perform the staff duties and functions related to the review

31  of any application for authorization to use board of

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  1  trustees-owned submerged lands necessary for an activity

  2  regulated under part IV of chapter 373 for which the water

  3  management district has permitting responsibility as set forth

  4  in an operating agreement adopted pursuant to s. 373.046(4);

  5  and effective July 1, 2000, the Department of Agriculture and

  6  Consumer Services shall perform the staff duties and functions

  7  related to the review of applications and compliance with

  8  lease conditions for use of board of trustees-owned submerged

  9  lands under leases issued pursuant to ss. 253.67-253.75 and s.

10  597.010. Unless expressly prohibited by law, the board of

11  trustees may delegate to the department any statutory duty or

12  obligation relating to the acquisition, administration, or

13  disposition of lands, title to which is or will be vested in

14  the board of trustees. The board of trustees may also delegate

15  to any water management district created under s. 373.069 the

16  authority to take final agency action, without any action on

17  behalf of the board, on applications for authorization to use

18  board of trustees-owned submerged lands for any activity

19  regulated under part IV of chapter 373 for which the water

20  management district has permitting responsibility as set forth

21  in an operating agreement adopted pursuant to s. 373.046(4).

22  This water management district responsibility under this

23  subsection shall be subject to the department's general

24  supervisory authority pursuant to s. 373.026(7). The board of

25  trustees may also delegate to the Department of Agriculture

26  and Consumer Services the authority to take final agency

27  action on behalf of the board on applications to use board of

28  trustees-owned submerged lands for any activity for which that

29  department has responsibility pursuant to ss. 253.67-253.75

30  and s. 597.010. However, the board of trustees shall retain

31  the authority to take final agency action on establishing any

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  1  areas for leasing, new leases, expanding existing lease areas,

  2  or changing the type of lease activity in existing leases.

  3  Upon issuance of an aquaculture lease or other real property

  4  transaction relating to aquaculture, the Department of

  5  Agriculture and Consumer Services must send a copy of the

  6  document and the accompanying survey to the Department of

  7  Environmental Protection.

  8         (2)  Delegations to the department, or a water

  9  management district, or the Department of Agriculture and

10  Consumer Services of authority to take final agency action on

11  applications for authorization to use submerged lands owned by

12  the board of trustees, without any action on behalf of the

13  board of trustees, shall be by rule. Until rules adopted

14  pursuant to this subsection become effective, existing

15  delegations by the board of trustees shall remain in full

16  force and effect. However, the board of trustees is not

17  limited or prohibited from amending these delegations. By

18  December 31, 1995, The board of trustees shall adopt by rule

19  any delegations of its authority to take final agency action

20  without action by the board of trustees on applications for

21  authorization to use board of trustees-owned submerged lands.

22  Any final agency action, without action by the board of

23  trustees, taken by the department, or a water management

24  district, or the Department of Agriculture and Consumer

25  Services on applications to use board of trustees-owned

26  submerged lands shall be subject to the provisions of s.

27  373.4275. Notwithstanding any other provision of this

28  subsection, the board of trustees, the Department of Legal

29  Affairs, and the department retain the concurrent authority to

30  assert or defend title to submerged lands owned by the board

31  of trustees.

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  1         Section 2.  Paragraph (b) of subsection (1) of section

  2  253.01, Florida Statutes, is amended to read:

  3         253.01  Internal Improvement Trust Fund established.--

  4         (1)

  5         (b)  All revenues received from application fees

  6  charged by the Division of State Lands for the use in any

  7  manner, lease, conveyance, or release of any interest in or

  8  for the sale of state lands, except revenues from such fees

  9  charged by the Department of Agriculture and Consumer Services

10  for aquaculture leases under ss. s. 253.71(2) and 597.010,

11  must be deposited into the Internal Improvement Trust Fund.

12  The fees charged by the division for reproduction of records

13  relating to state lands must also be placed into the fund.

14  Revenues received by the Department of Agriculture and

15  Consumer Services for aquaculture leases under ss. 253.71(2)

16  and 597.010 shall be deposited in the General Inspection Trust

17  Fund of the Department of Agriculture and Consumer Services.

18         Section 3.  Section 253.67, Florida Statutes, is

19  amended to read:

20         253.67  Definitions.--As used in ss. 253.67-253.75:

21         (1)  "Aquaculture" means the cultivation of aquatic

22  organisms.

23         (2)(4)  "Board" means the Board of Trustees of the

24  Internal Improvement Trust Fund.

25         (3)  "Department" means the Department of Agriculture

26  and Consumer Services Environmental Protection.

27         (4)(2)  "Water column" means the vertical extent of

28  water, including the surface thereof, above a designated area

29  of submerged bottom land.

30

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  1         Section 4.  Paragraph (a) of subsection (2) and

  2  subsection (4) of section 253.71, Florida Statutes, are

  3  amended to read:

  4         253.71  The lease contract.--When the board has

  5  determined that the proposed lease is not incompatible with

  6  the public interest and that the applicant has demonstrated

  7  his or her capacity to perform the operations upon which the

  8  application is based, it may proceed to consummate a lease

  9  contract having the following features in addition to others

10  deemed desirable by the board:

11         (2)  RENTAL FEES.--

12         (a)  The lease contract shall specify such amount of

13  rental per acre of leased bottom as may be agreed to by the

14  parties and shall take the form of fixed rental to be paid

15  throughout the term of the lease.  Beginning January 1, 1990,

16  a surcharge of $5 per acre, or any fraction of an acre, per

17  annum shall be levied upon each lease according to the

18  guidelines set forth in s. 597.010(7) 370.16(4)(b). Beginning

19  January 1, 2001, the surcharge shall be increased to $10 per

20  acre, or any fraction of an acre, per annum.

21         (4)  PERFORMANCE REQUIREMENTS.--Failure of the lessee

22  to perform effective cultivation shall constitute ground for

23  cancellation of the lease and forfeiture to the state of all

24  the works, improvements, and animal and plant life in and upon

25  the leased land and water column.  Effective cultivation shall

26  consist of the grow out of the aquaculture product according

27  to the business plan provided in the lease contract guidelines

28  set forth in s. 370.16(4)(e).

29         Section 5.  Section 253.72, Florida Statutes, is

30  amended to read:

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  1         253.72  Marking of leased areas; restrictions on public

  2  use.--

  3         (1)  The board shall require all lessees to stake off

  4  and mark the areas under lease according to the conditions of

  5  the lease agreement and rules of the board, by appropriate

  6  ranges, monuments, stakes, buoys, and fences, so placed as not

  7  to interfere unnecessarily with navigation and other

  8  traditional uses of the surface.  All lessees shall cause the

  9  area under lease and the names of the lessees to be shown by

10  signs appropriately placed pursuant to regulations of the

11  board.

12         (2)  Except to the extent necessary to permit the

13  effective development of the species of animal or plant life

14  being cultivated by the lessee, the public shall be provided

15  with means of reasonable ingress and egress to and from the

16  leased area for traditional water activities such as boating,

17  swimming, and fishing.  All limitations upon the use by the

18  public of the areas under lease that are authorized by the

19  terms of the lease shall be clearly posted by the lessee

20  pursuant to rules regulations by the board. Any person

21  willfully violating posted restrictions commits shall be

22  guilty of a misdemeanor of the second degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         (3)  To assist in protecting shellfish aquaculture

25  products produced on leases authorized pursuant to this

26  chapter and chapter 597 370, harvesting shellfish is

27  prohibited within a distance of 25 feet outside lawfully

28  marked lease boundaries or within setback and access corridors

29  within specifically designated high-density aquaculture lease

30  areas and aquaculture use zones.

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  1         Section 6.  Subsection (1) of section 253.75, Florida

  2  Statutes, is amended to read:

  3         253.75  Studies and recommendations by the department

  4  and the Fish and Wildlife Conservation Commission; designation

  5  of recommended traditional and other use zones; supervision of

  6  aquaculture operations.--

  7         (1)  Prior to the granting of any lease under this act,

  8  the board shall request comments a recommendation by the

  9  department, when the application relates to tidal bottoms, and

10  by the Fish and Wildlife Conservation Commission, when the

11  application relates to bottom land covered by fresh or salt

12  water. Such comments recommendations shall be based on such

13  factors as an assessment of the probable effect of the

14  proposed lease leasing arrangement on the lawful rights of

15  riparian owners, navigation, commercial and sport fishing, and

16  the conservation of fish or other wildlife or other programs

17  under the constitutional or statutory authority of the Fish

18  and Wildlife Conservation Commission natural resources,

19  including beaches and shores.

20         Section 7.  Subsection (2) of section 270.22, Florida

21  Statutes, is amended to read:

22         270.22  Proceeds of state lands to go into Internal

23  Improvement Trust Fund; exception.--

24         (2)  Rental fees for aquaculture leases pursuant to s.

25  253.71(2) shall be deposited into the General Inspection Trust

26  Fund of the Department of Agriculture and Consumer Services

27  Marine Resources Conservation Trust Fund of the Department of

28  Environmental Protection.  Such fees generated by

29  shellfish-related aquaculture leases shall be used for

30  shellfish-related aquaculture activities, including research,

31  lease compliance inspections, mapping, and siting.

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  1         Section 8.  Section 328.76, Florida Statutes, is

  2  amended to read:

  3         328.76  Marine Resources Conservation Trust Fund;

  4  vessel registration funds; appropriation and distribution.--

  5         (1)  Except as otherwise specified and less any

  6  administrative costs, all funds collected from the

  7  registration of vessels through the Department of Highway

  8  Safety and Motor Vehicles and the tax collectors of the state

  9  shall be deposited in the Marine Resources Conservation Trust

10  Fund for recreational channel marking; public launching

11  facilities; law enforcement and quality control programs;

12  aquatic weed control; manatee protection, recovery, rescue,

13  rehabilitation, and release; and marine mammal protection and

14  recovery. The funds collected pursuant to s. 328.72(1) shall

15  be transferred as follows:

16         (a)  In each fiscal year, an amount equal to $1 for

17  each vessel registered in this state shall be transferred to

18  the Save the Manatee Trust Fund for manatee and marine mammal

19  research, protection, and recovery in accordance with the

20  provisions of s. 370.12(4)(a).

21         (b)  In addition, in each fiscal year, an amount equal

22  to 50 cents for each vessel registered in this state shall be

23  transferred to the Save the Manatee Trust Fund in accordance

24  with the provisions of s. 370.12(4)(b) for use by those

25  facilities approved to rescue, rehabilitate, and release

26  manatees as authorized pursuant to the Fish and Wildlife

27  Service of the United States Department of the Interior.

28         (c)  Two dollars from each noncommercial vessel

29  registration fee, except that for class A-1 vessels, shall be

30  transferred to the Invasive Plant Control Trust Fund for

31  aquatic weed research and control.

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  1         (d)  Forty percent of the registration fees from

  2  commercial vessels shall be used for law enforcement and

  3  quality control programs.

  4         (d)(e)  Forty percent of the registration fees from

  5  commercial vessels shall be transferred to the Invasive Plant

  6  Control Trust Fund for aquatic plant research and control.

  7         (e)  Forty percent of the registration fees from

  8  commercial vessels shall be transferred by the Department of

  9  Highway Safety and Motor Vehicles, on a monthly basis, to the

10  General Inspection Trust Fund of the Department of Agriculture

11  and Consumer Services. These funds shall be used for shellfish

12  and aquaculture law enforcement and quality control programs.

13         (2)  All funds collected pursuant to s. 370.06(2) shall

14  be deposited in the Marine Resources Conservation Trust Fund.

15  Such funds shall be used to pay the cost of implementing the

16  saltwater products license program. Additional proceeds from

17  the licensing revenue shall be distributed among the following

18  program functions:

19         (a)  No more than 15 percent shall go to marine law

20  enforcement;

21         (b)  Twenty-five No more than 25 percent shall go to

22  the Florida Saltwater Products Promotion Trust Fund within the

23  Department of Agriculture and Consumer Services, on a monthly

24  basis, for the purpose of providing marketing and extension

25  services including industry information and education; and

26         (c)  The remainder shall go to the Fish and Wildlife

27  Conservation Commission, for use in marine research and

28  statistics development, including quota management.

29         Section 9.  Paragraph (c) of subsection (4) and

30  paragraph (e) of subsection (5) of section 370.06, Florida

31  Statutes, are amended to read:

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  1         370.06  Licenses.--

  2         (4)  SPECIAL ACTIVITY LICENSES.--

  3         (c)  The Department of Agriculture and Consumer

  4  Services is authorized to issue special activity licenses, in

  5  accordance with s. 370.071, to permit the harvest or

  6  cultivation of oysters, clams, mussels, and crabs when such

  7  activities relate to quality control, sanitation, public

  8  health regulations, innovative technologies for aquaculture

  9  activities, or the protection of shellfish resources provided

10  in this chapter.

11         (5)  APALACHICOLA BAY OYSTER HARVESTING LICENSE.--

12         (e)  Each person who applies for an Apalachicola Bay

13  oyster harvesting license shall, before receiving the license

14  for the first time, attend an educational seminar of not more

15  than 16 hours length, developed and conducted jointly by the

16  Department of Environmental Protection's Apalachicola National

17  Estuarine Research Reserve, the Division of Law Enforcement of

18  the Fish and Wildlife Conservation Commission, and the

19  Department of Agriculture and Consumer Services' Apalachicola

20  District Shellfish Environmental Assessment Laboratory. The

21  seminar shall address, among other things, oyster biology,

22  conservation of the Apalachicola Bay, sanitary care of

23  oysters, small business management, and water safety. The

24  seminar shall be offered five times per year, and each person

25  attending shall receive a certificate of participation to

26  present when obtaining an Apalachicola Bay oyster harvesting

27  license.  The educational seminar is not required for renewal

28  of an Apalachicola Bay oyster harvesting license.

29         Section 10.  Paragraph (j) of subsection (2) and

30  paragraphs (f), (h), (i), and (k) of subsection (3) of section

31  370.07, Florida Statutes, are amended to read:

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  1         370.07  Wholesale and retail saltwater products

  2  dealers; regulation.--

  3         (2)  LICENSES; AMOUNT, TRUST FUND.--

  4         (j)  License or privilege taxes, together with any

  5  other funds derived from the Federal Government or from any

  6  other source, shall be deposited in a Florida Saltwater

  7  Products Promotion Trust Fund to be administered by the

  8  Department of Agriculture and Consumer Services for the sole

  9  purpose of promoting all fish and saltwater products produced

10  in this state, except that 4 percent of the total wholesale

11  and retail saltwater products dealer's license fees collected

12  shall be deposited into the Marine Resources Conservation

13  Trust Fund administered by the Fish and Wildlife Conservation

14  Commission for the purpose of processing wholesale and retail

15  saltwater products dealer's licenses.

16         (3)  APALACHICOLA BAY OYSTER SURCHARGE.--

17         (f)  The Department of Revenue shall collect the

18  surcharge for transfer into the General Inspection Trust Fund

19  of the Department of Agriculture and Consumer Services Marine

20  Resources Conservation Trust Fund of the Department of

21  Environmental Protection.

22         (h)  Annually, the Department of Agriculture and

23  Consumer Services and the Fish and Wildlife Conservation

24  Commission Environmental Protection shall furnish the

25  Department of Revenue with a current list of wholesale dealers

26  in the state.

27         (i)  Collections received by the Department of Revenue

28  from the surcharge shall be transferred quarterly to the

29  General Inspection Trust Fund of the Department of Agriculture

30  and Consumer Services Department of Environmental Protection

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  1  Marine Resources Conservation Trust Fund, less the costs of

  2  administration.

  3         (k)  The Department of Agriculture and Consumer

  4  Services Environmental Protection shall use or distribute

  5  funds generated by this surcharge, less reasonable costs of

  6  collection and administration, to fund the following oyster

  7  management and restoration programs in Apalachicola Bay:

  8         1.  The relaying and transplanting of live oysters.

  9         2.  Shell planting to construct or rehabilitate oyster

10  bars.

11         3.  Education programs for licensed oyster harvesters

12  on oyster biology, aquaculture, boating and water safety,

13  sanitation, resource conservation, small business management,

14  and other relevant subjects.

15         4.  Research directed toward the enhancement of oyster

16  production in the bay and the water management needs of the

17  bay.

18         Section 11.  Subsections (1) through (11), (13), (16),

19  (17), (19), (22), and (24) through (27) of section 370.16,

20  Florida Statutes, are repealed, and subsections (12), (14),

21  (15), (18), (20), (21), (23), and (28) of that section are

22  amended to read:

23         370.16  Noncultured shellfish harvesting Oysters and

24  shellfish; regulation.--

25         (1)(12)  PROTECTION OF OYSTER AND CLAM REEFS AND

26  SHELLFISH AQUACULTURE PRODUCTS.--

27         (a)  The Department of Environmental Protection shall

28  improve, enlarge, and protect the natural oyster and clam

29  reefs of this state to the extent it may deem advisable and

30  the means at its disposal will permit.

31

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  1         (a)(b)  The Fish and Wildlife Conservation Commission

  2  shall, to the same extent, assist in protecting shellfish

  3  aquaculture products produced on leased or granted reefs in

  4  the hands of lessees or grantees from the state. Harvesting

  5  shellfish is prohibited within a distance of 25 feet outside

  6  lawfully marked lease boundaries or within setback and access

  7  corridors within specifically designated high-density

  8  aquaculture lease areas and aquaculture use zones.

  9         (b)(c)  The department, in cooperation with the

10  commission, shall provide the Legislature with recommendations

11  as needed for the development and the proper protection of the

12  rights of the state and private holders therein with respect

13  to the oyster and clam business.

14         (2)(14)  SHELLFISH HARVESTING SEASONS; DAYS: SPECIAL

15  PROVISIONS RELATING TO APALACHICOLA BAY.--

16         (a)  The Fish and Wildlife Conservation Commission

17  shall by rule set the noncultured consider setting the

18  shellfish harvesting seasons in the Apalachicola Bay. as

19  follows:

20         1.  The open season shall be from October 1 to July 31

21  of each year.

22         2.  The entire bay, including private leased or granted

23  grounds, shall be closed to shellfish harvesting from August 1

24  to September 30 of each year for the purpose of oyster

25  relaying and transplanting and shell planting.

26         (b)  If the commission changes the harvesting seasons

27  by rule as set forth in this subsection, for 3 years after the

28  new rule takes effect, the commission, in cooperation with the

29  Department of Agriculture and Consumer Services, shall monitor

30  the impacts of the new harvesting schedule on the bay and on

31  local shellfish harvesters to determine whether the new

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  1  harvesting schedule should be discontinued, retained, or

  2  modified.  In monitoring the new schedule and in preparing its

  3  report, the commission shall consider the following

  4  information shall be considered:

  5         1.  Whether the bay benefits ecologically from the new

  6  harvesting schedule being closed to shellfish harvesting from

  7  August 1 to September 30 of each year.

  8         2.  Whether the new harvesting schedule enhances the

  9  enforcement of shellfish harvesting laws in the bay.

10         3.  Whether the new harvesting schedule enhances

11  natural shellfish production, oyster relay and planting

12  programs, and shell planting programs in the bay.

13         4.  Whether the new harvesting schedule has more than a

14  short-term adverse economic impact, if any, on local shellfish

15  harvesters.

16         (c)  The Fish and Wildlife Conservation Commission by

17  rule shall consider restricting harvesting on shellfish grants

18  or leases to the same days of the week as harvesting on public

19  beds.

20         (3)(15)  REMOVING OYSTERS, CLAMS, OR MUSSELS FROM

21  NATURAL REEFS; LICENSES, ETC., PENALTY.--

22         (a)  It is unlawful to use a dredge or any means or

23  implement other than hand tongs in removing oysters from the

24  natural or artificial state reefs. This restriction shall

25  apply to all areas of the Apalachicola Bay for all shellfish

26  harvesting, excluding private grounds leased or granted by the

27  state prior to July 1, 1989, if the lease or grant

28  specifically authorizes the use of implements other than hand

29  tongs for harvesting.  Except in the Apalachicola Bay, upon

30  the payment of $25 annually, for each vessel or boat using a

31  dredge or machinery in the gathering of clams or mussels, a

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  1  special activity license may be issued by the Fish and

  2  Wildlife Conservation Commission pursuant to s. 370.06 for

  3  such use to such person.

  4         (b)  Special activity licenses issued to harvest

  5  shellfish by dredge or other mechanical means from privately

  6  held shellfish leases or grants in Apalachicola Bay shall

  7  include, but not be limited to, the following conditions:

  8         (b)1.  The use of any mechanical harvesting device

  9  other than ordinary hand tongs for taking shellfish for any

10  purpose from public shellfish beds in Apalachicola Bay shall

11  be unlawful.

12         (c)2.  The possession of any mechanical harvesting

13  device on the waters of Apalachicola Bay from 5 p.m. until

14  sunrise shall be unlawful.

15         3.  Leaseholders or grantees shall telephonically

16  notify the Fish and Wildlife Conservation Commission no less

17  than 48 hours prior to each day's use of a dredge or scrape in

18  order to arrange for a commission officer to be present on the

19  lease or grant area while a dredge or scrape is used on the

20  lease or grant. Under no circumstances may a dredge or scrape

21  be used without a commission officer present.

22         4.  Only two dredges or scrapes per lease or grant may

23  be possessed or operated at any time.

24         (d)5.  Each vessel used for the transport or deployment

25  of a dredge or scrape shall prominently display the lease or

26  grant number or numbers, in numerals which are at least 12

27  inches high and 6 inches wide, in such a manner that the lease

28  or grant number or numbers are readily identifiable from both

29  the air and the water.  The commission shall apply other

30  statutes, rules, or conditions necessary to protect the

31  environment and natural resources from improper transport,

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  1  deployment, and operation of a dredge or scrape.  Any

  2  violation of this paragraph or of any other statutes, rules,

  3  or conditions referenced in the special activity license shall

  4  be considered a violation of the license and shall result in

  5  revocation of the license and forfeiture of the bond submitted

  6  to the commission as a prerequisite to the issuance of this

  7  license.

  8         (e)(c)  Oysters may be harvested from natural or public

  9  or private leased or granted grounds by common hand tongs or

10  by hand, by scuba diving, free diving, leaning from vessels,

11  or wading.  In the Apalachicola Bay, this provision shall

12  apply to all shellfish.

13

14  The commission shall apply other statutes, rules, or

15  conditions necessary to protect the environment and natural

16  resources from improper transport, deployment, and operation

17  of a dredge or scrape. Any violation of this subsection or of

18  any other statutes, rules, or conditions referenced in the

19  special activity license shall be considered a violation of

20  the license and shall result in revocation of the license and

21  forfeiture of the bond submitted to the commission as a

22  prerequisite to the issuance of this license.

23         (4)(18)  FALSE RETURNS AS TO OYSTERS OR CLAMS

24  HANDLED.--Each packer, canner, corporation, firm, commission

25  person, or dealer in fish shall, on the first day of each

26  month, make a return under oath to the Fish and Wildlife

27  Conservation Commission, as to the number of oysters, clams,

28  and shellfish purchased, caught, or handled during the

29  preceding month.  Whoever is found guilty of making any false

30  affidavit to any such report is guilty of perjury and punished

31  as provided by law, and any person who fails to make such

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  1  report shall be punished by a fine not exceeding $500 or by

  2  imprisonment in the county jail not exceeding 6 months.

  3         (5)(20)  WATER PATROL FOR COLLECTION OF TAX.--

  4         (a)  The Fish and Wildlife Conservation Commission may

  5  establish and maintain necessary patrols of the salt waters of

  6  Florida, with authority to use such force as may be necessary

  7  to capture any vessel or person violating the provisions of

  8  the laws relating to oysters and clams, and may establish

  9  ports of entry at convenient locations where the severance or

10  privilege tax levied on oysters and clams may be collected or

11  paid and may make such rules and regulations as it may deem

12  necessary for the enforcement of such tax.

13         (b)  Each person in any way dealing in shellfish

14  harvesting from public reefs or beds shall keep a record, on

15  blanks or forms prescribed by the commission, of all oysters,

16  clams, and shellfish taken, purchased, used, or handled by him

17  or her, with the name of the persons from whom purchased, if

18  purchased, together with the quantity and the date taken or

19  purchased, and shall exhibit this account at all times when

20  requested so to do by the commission or any conservation

21  agent; and he or she shall, on the first day of each month,

22  make a return under oath to the commission as to the number of

23  oysters, clams, and shellfish purchased, caught, or handled

24  during the preceding month. The commission may require

25  detailed returns whenever it deems them necessary.

26         (6)(21)  SEIZURE OF VESSELS AND CARGOES VIOLATING

27  OYSTER AND CLAM LAWS, ETC.--Vessels, with their cargoes,

28  violating the provisions of the laws relating to oysters and

29  clams may be seized by anyone duly and lawfully authorized to

30  make arrests under this section or by any sheriff or the

31  sheriff's deputies, and taken into custody, and when not

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  1  arrested by the sheriff or the sheriff's deputies, delivered

  2  to the sheriff of the county in which the seizure is made, and

  3  shall be liable to forfeiture, on appropriate proceedings

  4  being instituted by the Fish and Wildlife Conservation

  5  Commission, before the courts of that county.  In such case

  6  the cargo shall at once be disposed of by the sheriff, for

  7  account of whom it may concern.  Should the master or any of

  8  the crew of said vessel be found guilty of using dredges or

  9  other instruments in fishing oysters on natural reefs contrary

10  to law, or fishing on the natural oyster or clam reefs out of

11  season, or unlawfully taking oysters or clams belonging to a

12  lessee, such vessel shall be declared forfeited by the court,

13  and ordered sold and the proceeds of the sale shall be

14  deposited with the Treasurer to the credit of the General

15  Revenue Fund; any person guilty of such violations shall not

16  be permitted to have any license provided for in this chapter

17  within a period of 1 year from the date of conviction.

18  Pending proceedings such vessel may be released upon the owner

19  furnishing bond, with good and solvent security in double the

20  value of the vessel, conditioned upon its being returned in

21  good condition to the sheriff to abide the judgment of the

22  court.

23         (7)(23)  DREDGING OF DEAD SHELLS PROHIBITED.--The

24  dredging of dead shell deposits is prohibited in the state.

25         (8)(28)  REQUIREMENTS FOR OYSTER VESSELS.--

26         (a)  All vessels used for the harvesting, gathering, or

27  transporting of noncultured oysters for commercial use shall

28  be constructed and maintained to prevent contamination or

29  deterioration of oysters. To this end, all such vessels shall

30  be provided with false bottoms and bulkheads fore and aft to

31  prevent oysters from coming in contact with any bilge water.

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  1  No dogs or other animals shall be allowed at any time on

  2  vessels used to harvest or transport oysters.  A violation of

  3  any provision of this subsection shall result in at least the

  4  revocation of the violator's license.

  5         (b)  For the purpose of this subsection, "commercial

  6  use" shall be a quantity of more than 4 bushels, or more than

  7  2 gallons, of shucked oysters, per person or per boat, or any

  8  number or quantity of oysters if the oysters are to be sold.

  9         Section 12.  Subsections (1) and (2) of section

10  370.161, Florida Statutes, are amended to read:

11         370.161  Oyster bottom land grants made pursuant to ch.

12  3293.--

13         (1)  All grants previously issued by the several boards

14  of county commissioners under the authority of chapter 3293,

15  1881, Laws of Florida, shall be subject to provisions of s.

16  597.010 370.16, relating to the marking of such lands, the

17  payment of rents, the cultivation of such lands and the

18  forfeiture provisions.

19         (2)  Any grantee of lands referred to in subsection (1)

20  shall mark such lands and begin cultivation thereof as set

21  forth in s. 597.010 370.16, within 90 days after the effective

22  date of this act. The rentals prescribed by s. 597.010 370.16,

23  shall be payable immediately upon the effective date of this

24  act and in accordance with the provisions of said section.

25         Section 13.  Section 372.071, Florida Statutes, is

26  amended to read:

27         372.071  Powers of arrest by agents of Department of

28  Environmental Protection or Fish and Wildlife Conservation

29  Commission.--Any certified law enforcement officer of the

30  Department of Environmental Protection or the Fish and

31  Wildlife Conservation Commission, upon receiving information,

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  1  relayed to her or him from any law enforcement officer

  2  stationed on the ground, on the water, or in the air, that a

  3  driver, operator, or occupant of any vehicle, boat, or airboat

  4  has violated any section of chapter 327, chapter 328, chapter

  5  370, or this chapter, or s. 597.010 or s. 597.020, may arrest

  6  the driver, operator, or occupant for violation of said laws

  7  when reasonable and proper identification of the vehicle,

  8  boat, or airboat and reasonable and probable grounds to

  9  believe that the driver, operator, or occupant has committed

10  or is committing any such offense have been communicated to

11  the arresting officer by the other officer stationed on the

12  ground, on the water, or in the air.

13         Section 14.  Subsection (4) of section 372.6673,

14  Florida Statutes, is amended to read:

15         372.6673  Taking and possession of alligators; trapping

16  licenses; fees.--

17         (4)  No person shall take any alligator egg occurring

18  in the wild or possess any such egg unless such person has

19  obtained, or is a licensed agent of another person who has

20  obtained, an alligator egg collection permit. The alligator

21  egg collection permit shall be required in addition to the

22  alligator farming license provided in paragraph (2)(d).  The

23  commission is authorized to assess a fee for issuance of the

24  alligator egg collection permit of up to $5 per egg authorized

25  to be taken or possessed pursuant to such permit. Irrespective

26  of whether a fee is assessed, of which $1 per egg collected

27  and retained, excluding eggs collected on private wetland

28  management areas, shall may be transferred from the alligator

29  management program to the General Inspection Trust Fund, to be

30  administered by the Department of Agriculture and Consumer

31  Services for the purpose of providing marketing and education

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  1  services with respect to alligator products produced in this

  2  state, notwithstanding other provisions in this chapter.

  3         Section 15.  Subsection (2) of section 372.6674,

  4  Florida Statutes, is amended to read:

  5         372.6674  Required tagging of alligators and hides;

  6  fees; revenues.--The tags provided in this section shall be

  7  required in addition to any license required under s.

  8  372.6673.

  9         (2)  The commission may require that an alligator hide

10  validation tag (CITES tag) be affixed to the hide of any

11  alligator taken from the wild and that such hide be possessed,

12  purchased, sold, offered for sale, or transported in

13  accordance with commission rule.  The commission is authorized

14  to assess a fee of up to $30 for each alligator hide

15  validation tag issued. Irrespective of whether a fee is

16  assessed, of which $5 per validated hide, excluding those

17  validated from public hunt programs and alligator farms, shall

18  may be transferred from the alligator management program to

19  the General Inspection Trust Fund, to be administered by the

20  Department of Agriculture and Consumer Services for the

21  purpose of providing marketing and education services with

22  respect to alligator products produced in this state,

23  notwithstanding other provisions in this chapter.

24         Section 16.  Subsection (5) of section 373.046, Florida

25  Statutes, is amended to read:

26         373.046  Interagency agreements.--

27         (5)  Notwithstanding the provisions of s. 403.927, when

28  any operating agreement is developed pursuant to subsection

29  (4),:

30         (a)  the department shall have regulatory

31  responsibility under part IV of this chapter for:

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  1         1.  All saltwater aquaculture activities located on

  2  sovereignty submerged land or in the water column above such

  3  land and adjacent facilities directly related to the

  4  aquaculture activity.

  5         2.  aquaculture activities that meet or exceed the

  6  thresholds for aquaculture general permits authorized pursuant

  7  to ss. 370.26 and 403.814.

  8         3.  Aquaculture activities within the Northwest Florida

  9  Water Management District.

10         (b)  Water management districts shall have regulatory

11  responsibility under part IV of this chapter for aquaculture

12  activities not retained by the department in paragraph (a).

13         (c)  Upon agreement by the applicant, the department,

14  and the applicable water management district, the department

15  and water management district may reassign the regulatory

16  responsibilities described in paragraphs (a) and (b), based on

17  the specific aquaculture operation, to achieve a more

18  efficient and effective permitting process.

19         Section 17.  Subsection (11) of section 403.814,

20  Florida Statutes, is amended to read:

21         403.814  General permits; delegation.--

22         (11)  Upon agreement by the applicant, the department,

23  and the applicable water management district, the department

24  and water management district may reassign the regulatory

25  responsibilities described in s. 373.046(5)(a) and (b), based

26  on the specific aquaculture operation, to achieve a more

27  efficient and effective permitting process.

28         Section 18.  Subsection (1) of section 409.2598,

29  Florida Statutes, is amended to read:

30         409.2598  Suspension or denial of new or renewal

31  licenses; registrations; certifications.--

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  1         (1)  The Title IV-D agency may petition the court that

  2  entered the support order or the court that is enforcing the

  3  support order to deny or suspend the license, registration, or

  4  certificate issued under chapter 231, chapter 370, chapter

  5  372, chapter 409, part II of chapter 455, or chapter 559, or

  6  s. 328.42 or s. 597.010 of any obligor with a delinquent child

  7  support obligation or who fails, after receiving appropriate

  8  notice, to comply with subpoenas, orders to appear, orders to

  9  show cause, or similar orders relating to paternity or child

10  support proceedings. However, a petition may not be filed

11  until the Title IV-D agency has exhausted all other available

12  remedies. The purpose of this section is to promote the public

13  policy of the state as established in s. 409.2551.

14         Section 19.  Paragraph (n) of subsection (1) of section

15  500.03, Florida Statutes, is amended to read:

16         500.03  Definitions of terms; construction;

17  applicability.--

18         (1)  For the purpose of this chapter, the term:

19         (n)  "Food establishment" means any factory, food

20  outlet, or any other facility manufacturing, processing,

21  packing, holding, or preparing food, or selling food at

22  wholesale or retail. The term does not include any business or

23  activity that is regulated under chapter 370, chapter 509, or

24  chapter 601. The term also does not include any establishments

25  that pack fruits and vegetables in their raw or natural

26  states, including those fruits or vegetables that are washed,

27  colored, or otherwise treated in their unpeeled, natural form

28  before they are marketed.

29         Section 20.  Section 570.18, Florida Statutes, is

30  amended to read:

31

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  1         570.18  Organization of departmental work.--In the

  2  assignment of functions to the 12 11 divisions of the

  3  department created in s. 570.29, the department shall retain

  4  within the Division of Administration, in addition to

  5  executive functions, those powers and duties enumerated in s.

  6  570.30.  The department shall organize the work of the other

  7  11 10 divisions in such a way as to secure maximum efficiency

  8  in the conduct of the department. The divisions created in s.

  9  570.29 are solely to make possible the definite placing of

10  responsibility.  The department shall be conducted as a unit

11  in which every employee, including each division director, is

12  assigned a definite workload, and there shall exist between

13  division directors a spirit of cooperative effort to

14  accomplish the work of the department.

15         Section 21.  Present subsections (4) through (11) of

16  section 570.29, Florida Statutes, are renumbered as

17  subsections (5) through (12), respectively, and a new

18  subsection (4) is added to that section to read:

19         570.29  Departmental divisions.--The department shall

20  include the following divisions:

21         (4)  Aquaculture.

22         Section 22.  Section 570.61, Florida Statutes, is

23  created to read:

24         570.61  Division of Aquaculture; powers and

25  duties.--The powers and duties of the Division of Aquaculture

26  shall include, but are not limited to, administering the

27  aquaculture certification program; enforcing shellfish

28  sanitation standards; administering the aquaculture and

29  shellfish lease programs; ensuring that shellfish processing

30  facilities comply with applicable food safety requirements;

31  mitigating, creating, and enhancing natural shellfish

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  1  harvesting areas; providing education to fishermen and

  2  aquaculturists; promoting aquaculture development; purchasing

  3  commodities as necessary to carry out the provisions of this

  4  section; receiving and accepting grants, aids, gifts, and

  5  donations; providing grants, aids, and other technical

  6  assistance; and ensuring the safety of Florida waters.

  7         Section 23.  Section 570.62, Florida Statutes, is

  8  created to read:

  9         570.62  Director; duties.--

10         (1)  The director of the Division of Aquaculture shall

11  be appointed by the commissioner and shall serve at the

12  commissioner's pleasure.

13         (2)  The director shall supervise, direct, and

14  coordinate the activities of the division, exercise such other

15  powers and duties as authorized by the commissioner, and

16  enforce the provisions of chapter 597, the rules adopted

17  thereunder, and any other chapter or rule necessary to carry

18  out the responsibilities of the division.

19         Section 24.  Paragraph (f) of subsection (1) of section

20  597.003, Florida Statutes, is amended, and paragraphs (l) and

21  (k) are added to that subsection to read:

22         597.003  Powers and duties of Department of Agriculture

23  and Consumer Services.--

24         (1)  The department is hereby designated as the lead

25  agency in encouraging the development of aquaculture in the

26  state and shall have and exercise the following functions,

27  powers, and duties with regard to aquaculture:

28         (f)  Submit the list of research and development

29  projects proposed to be funded through the department as

30  identified in the state aquaculture plan, along with the

31  department's legislative budget request to the Governor, the

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  1  President of the Senate, and the Speaker of the House of

  2  Representatives. If funded, these projects shall be contracted

  3  for by the Division of Aquaculture and shall require

  4  public-private partnerships, when appropriate. The contracts

  5  shall require a percentage of the profit generated by the

  6  project to be deposited into the General Inspection Trust Fund

  7  solely for funding aquaculture projects recommended by the

  8  Aquaculture Review Council.

  9         (k)  Make available state lands and the water column

10  for the purpose of producing aquaculture products when the

11  aquaculture activity is compatible with state resource

12  management goals, environmental protection, and propriety

13  interest and when such state lands and waters are determined

14  to be suitable for aquaculture development by the Board of

15  Trustees of the Internal Improvement Trust Fund pursuant to s.

16  253.68; and be responsible for all saltwater aquaculture

17  activities located on sovereignty submerged land or in the

18  water column above such land and adjacent facilities directly

19  related to the aquaculture activity.

20         1.  The department shall act in cooperation with other

21  state and local agencies and programs to identify and

22  designate sovereignty lands and waters that would be suitable

23  for aquaculture development.

24         2.  The department shall identify and evaluate specific

25  tracts of sovereignty submerged lands and water columns in

26  various areas of the state to determine where such lands and

27  waters are suitable for leasing for aquaculture purposes.

28  Nothing in this subparagraph or subparagraph 1. shall preclude

29  the applicant from applying for sites identified by the

30  applicant.

31

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  1         3.  The department shall provide assistance in

  2  developing technologies applicable to aquaculture activities,

  3  evaluate practicable production alternatives, and provide

  4  agreements to develop innovative culture practices.

  5         (l)  Act as a clearinghouse for aquaculture

  6  applications, and act as a liaison between the Fish and

  7  Wildlife Conservation Commission, the Division of State Lands,

  8  the Department of Environmental Protection district offices,

  9  other divisions within the Department of Environmental

10  Protection, and the water management districts. The Department

11  of Agriculture and Consumer Services shall be responsible for

12  regulating marine aquaculture producers, except as

13  specifically provided herein.

14         Section 25.  Subsections (3), (4), and (5) of section

15  370.26, Florida Statutes, are repealed.

16         Section 26.  Subsections (1), (2), and (4) and

17  paragraph (b) of subsection (5) of section 597.004, Florida

18  Statutes, are amended to read:

19         597.004  Aquaculture certificate of registration.--

20         (1)  SHELLFISH CERTIFICATION.--Any person engaging in

21  shellfish aquaculture must be certified by the department.

22  The applicant for a certificate of registration shall submit

23  the following to the department:

24         (a)  Applicant's name/title.

25         (b)  Company name.

26         (c)  Complete mailing address.

27         (d)  Legal property description of all aquaculture

28  facilities.

29         (e)  Actual physical street address for each

30  aquaculture facility.

31         (f)(e)  Description of production facilities.

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  1         (g)(f)  Aquaculture products to be produced.

  2         (h)(g)  Fifty dollar annual registration fee.

  3         (2)  NONSHELLFISH CERTIFICATION.--

  4         (a)  Any person engaging in nonshellfish aquaculture,

  5  except as otherwise provided in this section, must be

  6  certified by the department.  The applicant for a certificate

  7  of registration for nonshellfish products shall submit the

  8  following to the department:

  9         1.  The information requested in subsection (1) above.

10         (i)2.  Documentation that the rules adopted herein have

11  been complied with in accordance with paragraph (2)(a) (b)

12  below.

13         (2)  RULES.--

14         (a)(b)  The department, in consultation with the

15  Department of Environmental Protection, the water management

16  districts, environmental groups, and representatives from the

17  affected farming groups, shall adopt rules to:

18         1.  Specify the requirement of best-management

19  practices to be implemented by holders of aquaculture

20  certificates of registration.

21         2.  Establish procedures for holders of aquaculture

22  certificates of registration to submit the notice of intent to

23  comply with best-management practices.

24         3.  Establish schedules for implementation of

25  best-management practices, and of interim measures that can be

26  taken prior to adoption of best-management practices. Interim

27  measures may include the continuation of regulatory

28  requirements in effect on June 30, 1998.

29         4.  Establish a system to assure the implementation of

30  best-management practices, including recordkeeping

31  requirements.

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  1         (b)  Rules adopted pursuant to this subsection shall

  2  become effective pursuant to the applicable provisions of

  3  chapter 120, but must be submitted to the President of the

  4  Senate and the Speaker of the House of Representatives for

  5  review by the Legislature.  The rules shall be referred to the

  6  appropriate committees of substance and scheduled for review

  7  during the first available regular session following adoption.

  8  Except as otherwise provided by operation of law, such rules

  9  shall remain in effect until rejected or modified by act of

10  the Legislature.

11         (c)  Notwithstanding any provision of law, the

12  Department of Environmental Protection is not authorized to

13  institute proceedings against any person certified under this

14  section to recover any costs or damages associated with

15  contamination of groundwater or surface water, or the

16  evaluation, assessment, or remediation of contamination of

17  groundwater or surface water, including sampling, analysis,

18  and restoration of potable water supplies, where the

19  contamination of groundwater or surface water is determined to

20  be the result of aquaculture practices, provided the holder of

21  an aquaculture certificate of registration:

22         1.  Provides the department with a notice of intent to

23  implement applicable best-management practices adopted by the

24  department;

25         2.  Implements applicable best-management practices as

26  soon as practicable according to rules adopted by the

27  department; and

28         3.  Implements practicable interim measures identified

29  and adopted by the department which can be implemented

30  immediately, or according to rules adopted by the department.

31

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  1         (d)  There is a presumption of compliance with state

  2  groundwater and surface water standards if the holder of an

  3  aquaculture certificate of registration implements

  4  best-management practices that have been verified by the

  5  Department of Environmental Protection to be effective at

  6  representative sites and complies with the following:

  7         1.  Provides the department with a notice of intent to

  8  implement applicable best-management practices adopted by the

  9  department;

10         2.  Implements applicable best-management practices as

11  soon as practicable according to rules adopted by the

12  department; and

13         3.  Implements practicable interim measures identified

14  and adopted by the department which can be implemented

15  immediately, or according to rules adopted by the department.

16         (e)  The department shall provide, by December 31,

17  1999, to the President of the Senate and the Speaker of the

18  House of Representatives, a progress report concerning the

19  development, implementation, and effectiveness of

20  best-management practices to prevent contamination of

21  groundwater and surface water.

22         (f)  This section does not limit federally delegated

23  regulatory authority.

24         (g)  Any aquatic plant producer permitted by the

25  department pursuant to s. 369.25 shall also be subject to the

26  requirements of this section subsection.

27         (h)  Any alligator producer with an alligator farming

28  license and permit to establish and operate an alligator farm

29  shall be issued an aquaculture certificate of registration

30  pursuant to this section subsection (1) above. This chapter

31  does not supersede the authority under chapter 372, chapter

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  1  373, or chapter 403 to regulate alligator farms and alligator

  2  farmers.

  3         (4)  IDENTIFICATION OF AQUACULTURE

  4  PRODUCTS.--Aquaculture products shall be identified while

  5  possessed, processed, transported, or sold as provided in this

  6  subsection, except those subject to the rules of the Fish and

  7  Wildlife Conservation Commission as they relate to alligators

  8  only.

  9         (a)  Aquaculture products shall be identified by an

10  aquaculture certificate of registration number from harvest to

11  point of sale.  Any person who possesses aquaculture products

12  must show, by appropriate receipt, bill of sale, bill of

13  lading, or other such manifest where the product originated.

14         (b)  Marine aquaculture products shall be transported

15  in containers that separate such product from wild stocks, and

16  shall be identified by tags or labels that are securely

17  attached and clearly displayed.

18         (c)  Each aquaculture registrant who sells food

19  products labeled as "aquaculture or farm raised" must have

20  such products containerized and clearly labeled in accordance

21  with s. 500.11.  Label information must include the name,

22  address, and aquaculture certification number.  This

23  requirement is designed to segregate the identity of wild and

24  aquaculture products.

25         (5)  SALE OF AQUACULTURE PRODUCTS.--

26         (b)  Aquaculture shellfish must be sold and handled in

27  accordance with s. 597.020 shellfish handling regulations of

28  the Department of Environmental Protection established to

29  protect public health.

30

31

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  1         Section 27.  Subsection (2) of section 597.0041,

  2  Florida Statutes, is amended, and subsection (4) is added to

  3  that section, to read:

  4         597.0041  Prohibited acts; penalties.--

  5         (2)(a)  Any person who violates any provision of this

  6  chapter or any rule promulgated hereunder is subject to a

  7  suspension or revocation of his or her certificate of

  8  registration or license under this chapter.  The department

  9  may, in lieu of, or in addition to the suspension of

10  revocation, impose on the violator an administrative fine in

11  an amount not to exceed $1,000 per violation per day.

12         (b)  Except as provided in subsection (4), any person

13  who violates any provision of this chapter, or rule hereunder,

14  commits a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         (4)  Any person who violates any provision of s.

17  597.010 or s. 597.020, or any rule adopted under those

18  sections, commits a misdemeanor of the second degree,

19  punishable as provided in s. 775.082 or s. 775.083 for the

20  first offense; and for the second or any subsequent offense

21  within a 12-month period, commits a misdemeanor of the first

22  degree, punishable as provided in s. 775.082 or s. 775.083.

23         Section 28.  Paragraph (c) of subsection (3) of section

24  597.005, Florida Statutes, is amended to read:

25         597.005  Aquaculture Review Council.--

26         (3)  RESPONSIBILITIES.--The primary responsibilities of

27  the Aquaculture Review Council are to:

28         (c)  Submit to the commissioner on an annual basis:

29         1.  A prioritized list of research projects to be

30  included in the department's legislative budget request. Each

31  year, the council shall review the aquaculture legislative

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  1  budget requests submitted to the department and rank them

  2  according to the state aquaculture plan.

  3         2.  Recommendations to be forwarded to the Speaker of

  4  the House of Representatives and the President of the Senate

  5  on legislation needed to help the aquaculture industry.

  6         3.  Recommendations on aquaculture projects,

  7  activities, research, and regulation and other needs to

  8  further the development of the aquaculture industry.

  9         Section 29.  Subsection (1) of section 597.006, Florida

10  Statutes, is amended to read:

11         597.006  Aquaculture Interagency Coordinating

12  Council.--

13         (1)  CREATION.--The Legislature finds and declares that

14  there is a need for interagency coordination with regard to

15  aquaculture by the following agencies: the Department of

16  Agriculture and Consumer Services, the Office of Tourism,

17  Trade, and Economic Development Department of Commerce, the

18  Department of Community Affairs, the Department of

19  Environmental Protection, the Department of Labor and

20  Employment Security, the Fish and Wildlife Conservation

21  Commission, the statewide consortium of universities under the

22  Florida Institute of Oceanography, Florida Agricultural and

23  Mechanical University, the Institute of Food and Agricultural

24  Sciences at the University of Florida, and the Florida Sea

25  Grant Program, and each water management district. It is

26  therefore the intent of the Legislature to hereby create an

27  Aquaculture Interagency Coordinating Council to act as an

28  advisory body as defined in s. 20.03(9).

29         Section 30.  Section 597.010, Florida Statutes, is

30  created to read:

31         597.010  Shellfish regulation; leases.--

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  1         (1)  LEASE, APPLICATION FORM.--When any qualified

  2  person desires to lease a part of the bottom, water column, or

  3  bed of any of the water of this state for the purpose of

  4  growing oysters or clams, as provided for in this section, he

  5  or she shall present to the department a written application

  6  pursuant to s. 253.69.

  7         (2)  LANDS TO BE LEASED.--The lands leased shall be as

  8  compact as possible, taking into consideration the shape of

  9  the body of water and the condition of the bottom as to

10  hardness, or soft mud or sand, or other conditions that would

11  render the bottoms desirable or undesirable for the purpose of

12  oyster or clam cultivation.

13         (3)  SURVEYS, PLATS, AND MAPS OF REEFS.--The department

14  shall accept, adopt, and use official reports, surveys, and

15  maps of oyster, clam, or other shellfish grounds made under

16  the direction of any authority of the United States as prima

17  facie evidence of the natural oyster and clam reefs and beds,

18  for the purpose and intent of this chapter. The department may

19  also make surveys of any natural oyster or clam reefs or beds

20  when it deems such surveys necessary and where such surveys

21  are made pursuant to an application for a lease, the cost

22  thereof may be charged to the applicant as a part of the cost

23  of his or her application.

24         (4)  EXECUTION OF LEASES; LESSEE TO STAKE OFF

25  BOUNDARIES; PENALTY FOR FAILURE TO COMPLY WITH

26  REGULATIONS.--When a survey of the lands to be leased has been

27  completed pursuant to s. 253.69 and filed with the department,

28  and the cost thereof paid by the applicant, the department may

29  execute in duplicate a lease of the water bottoms to the

30  applicant.  One duplicate, with a plat or map of the water

31  bottoms so leased, shall be delivered to the applicant, and

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  1  the other, with a plat or map of the bottom so leased, shall

  2  be retained by the department and registered in a lease book

  3  which shall be kept exclusively for that purpose by the

  4  department; thereafter the lessees shall enjoy the exclusive

  5  use of the lands and all oysters and clams, shell, and cultch

  6  grown or placed thereon shall be the exclusive property of

  7  such lessee as long as he or she shall comply with the

  8  provisions of this chapter and chapter 253.  The department

  9  shall require the lessee to stake off and mark the water

10  bottoms leased, by such ranges, monuments, stakes, buoys,

11  etc., so placed and made as not to interfere with the

12  navigation, as it may deem necessary to locate the same to the

13  end that the location and limits of the lands embraced in such

14  lease be easily and accurately found and fixed, and such

15  lessee shall keep the same in good condition during the open

16  and closed oyster or clam season. All leases shall be marked

17  according to the standards set forth in s. 253.72. The

18  department may stipulate in each individual lease contract the

19  types, shape, depth, size, and height of marker or corner

20  posts. Failure on the part of the lessee to comply with the

21  orders of the department to this effect within the time fixed

22  by it, and to keep the markers, etc., in good condition during

23  the open and closed oyster or clam season, shall subject such

24  lessee to a fine not exceeding $100 for each and every such

25  offense.

26         (5)  LEASES IN PERPETUITY; RENT.--

27         (a)  All leases issued previously under the provisions

28  of s. 370.16 shall be enforced under the authority of this

29  chapter, notwithstanding any other law to the contrary, and

30  shall continue in perpetuity under such restrictions as stated

31  in the lease agreement. The annual rental fee charged for all

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  1  leases shall consist of the minimum rate of $15 per acre, or

  2  any fraction of an acre, per year and shall be adjusted on

  3  January 1, 1995, and every 5 years thereafter, based on the

  4  5-year average change in the Consumer Price Index. Rent shall

  5  be paid in advance of January 1 of each year or in the case of

  6  a new lease at the time of signing, regardless of who holds

  7  the lease.

  8         (b)  All fees collected under this subsection and

  9  subsection (6) shall be deposited in the General Inspection

10  Trust Fund and shall be used for shellfish aquaculture

11  activities.

12         (6)  FORFEITURE FOR NONPAYMENT.--All leases shall

13  stipulate that failure to timely pay the rent on or before

14  January 1 of each year shall cause the department, at its

15  discretion, to terminate and cancel the lease after the

16  department has given the lessee 30 days' written notice of the

17  nonpayment. If after receiving the notice the lessee chooses

18  to keep the lease, the lessee shall pay the rental fee plus a

19  $50 late fee within the 30-day period. After the 30-day notice

20  has expired, the department may take possession of the lease

21  and all improvements, assets, clams, and oysters thereon.

22         (7)  SURCHARGE FOR IMPROVEMENT OR REHABILITATION.--A

23  surcharge of $10 per acre, or any fraction of an acre, per

24  annum shall be levied upon each lease, other than a perpetual

25  lease granted pursuant to chapter 370 prior to 1985, and

26  deposited into the General Inspection Trust Fund. The purpose

27  of the surcharge is to provide a mechanism to have financial

28  resources immediately available for improvement of lease areas

29  and for cleanup and rehabilitation of abandoned or vacated

30  lease sites.  The department is authorized to adopt rules

31  necessary to carry out the provisions of this subsection.

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  1         (a)  Moneys in the fund that are not needed currently

  2  for cleanup and rehabilitation of abandoned or vacated lease

  3  sites shall be deposited with the Treasurer to the credit of

  4  the fund and may be invested in such manner as is provided for

  5  by statute. Interest received on such investment shall be

  6  credited to the fund.

  7         (b)  Funds within the General Inspection Trust Fund

  8  from receipts from the surcharge established in this section

  9  shall be disbursed for the following purposes and no others:

10         1.  Administrative expenses, personnel expenses, and

11  equipment costs of the department related to the improvement

12  of lease areas, the cleanup and rehabilitation of abandoned or

13  vacated aquaculture lease sites, and the enforcement of

14  provisions of this section.

15         2.  All costs involved in the improvement of lease

16  areas and the cleanup and rehabilitation of abandoned or

17  vacated lease sites.

18         3.  All costs and damages which are the proximate

19  results of lease abandonment or vacation.

20         4.  Reward payments made pursuant to s. 597.0045.

21

22  The department shall recover to the use of the fund from the

23  person or persons abandoning or vacating the lease, jointly

24  and severally, all sums owed or expended from the fund.

25         (8)  CULTIVATION REQUIREMENTS.--

26         (a)  Effective cultivation shall consist of the growing

27  of the oysters or clams in a density suitable for commercial

28  harvesting over the amount of bottom prescribed by law.  This

29  commercial density shall be accomplished by the planting of

30  seed oysters, shell, and cultch of various descriptions.  The

31  department may stipulate in each individual lease contract the

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  1  types, shape, depth, size, and height of cultch materials on

  2  lease bottoms according to the individual shape, depth,

  3  location, and type of bottom of the proposed lease.  Each

  4  lessee leasing lands under the provisions of this section or

  5  s. 253.71 shall begin, within 1 year after the date of such

  6  lease, bona fide cultivation of the same, and shall, by the

  7  end of the second year after the commencement of such lease,

  8  have placed under cultivation at least one-half of the leased

  9  area and shall each year thereafter place in cultivation at

10  least one-fourth of the leased area until the whole, suitable

11  for bedding of oysters or clams, shall have been put in

12  cultivation. The cultivation requirements for perpetuity

13  leases granted pursuant to chapter 370 prior to 1985 under

14  previously existing law shall comply with the conditions

15  stated in the lease agreement, and the lessee or grantee is

16  authorized to plant the leased or granted submerged land in

17  both oysters and clams.

18         (b)  These stipulations apply to all leases granted

19  after the effective date of this section.  All leases existing

20  prior to the effective date of this section will operate under

21  the law that was in effect when the leases were granted.

22         (c)  When evidence is gathered by the department and

23  such evidence conclusively shows a lack of effective

24  cultivation, the department may revoke leases and return the

25  bottoms in question to the public domain.

26         (d)  The department has the authority to adopt rules

27  pertaining to the water column over shellfish leases. All

28  cultch materials in place 6 months after the formal adoption

29  and publication of rules establishing standards for cultch

30  materials on shellfish leases that do not comply with such

31  rules may be declared a nuisance by the department.  The

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  1  department has the authority to direct the lessee to remove

  2  such cultch in violation of this section.  The department may

  3  cancel a lease upon the refusal by the lessee violating such

  4  rules to remove unlawful cultch materials, and all

  5  improvements, cultch, marketable oysters, and shell shall

  6  become the property of the state.  The department has the

  7  authority to retain, dispose of, or remove such materials in

  8  the best interest of the state.

  9         (9)  LEASES TRANSFERABLE, ETC.--The leases in chapters

10  253 and 370 shall be inheritable and transferable, in whole or

11  in part, and shall also be subject to mortgage, pledge, or

12  hypothecation and shall be subject to seizure and sale for

13  debts as any other property, rights, and credits in this

14  state, and this provision shall also apply to all buildings,

15  betterments, and improvements thereon. Leases granted under

16  this section cannot be transferred, by sale or barter, in

17  whole or in part, without the written, express approval of the

18  department, and such a transferee shall pay a $50 transfer fee

19  before department approval may be given. Leases inherited or

20  transferred will be valid only upon receipt of the transfer

21  fee and approval by the department. The department shall keep

22  proper indexes so that all original leases and all subsequent

23  changes and transfers can be easily and accurately

24  ascertained.

25         (10)  CANCELLATION OF LEASES TO NATURAL REEFS OR

26  BEDS.--Any person, within 6 months after the execution of any

27  lease, may file a petition with the department for the purpose

28  of determining whether a natural oyster or clam reef or bed

29  having an area of not less than 100 square yards existed

30  within the leased area on the date of the lease, with

31  sufficient natural or maternal oysters or clams thereon (not

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  1  including coon oysters) to have constituted a stratum

  2  sufficient to have been resorted to by the public generally

  3  for the purpose of gathering the same to sell for a

  4  livelihood. The petition shall be in writing addressed to the

  5  department, verified under oath, stating the location and

  6  approximate area of the natural reef or bed and the claim or

  7  interest of the petitioner therein and requesting the

  8  cancellation of the lease to the natural reef or bed. A

  9  petition may not be considered unless it is accompanied by a

10  deposit of $500 to defray the expense of the department's

11  investigation of the matter. Upon receipt of such petition,

12  the department shall cause an investigation to be made into

13  the truth of the allegations of the petition, and, if found

14  untrue, the $500 deposit shall be retained by the department

15  to defray the expense of the investigation, but should the

16  allegations of the petition be found true and the leased

17  premises to contain a natural oyster or clam reef or bed, as

18  described in this subsection, the $500 deposit shall be

19  returned to the petitioner and the costs and expenses of the

20  investigation taxed against the lessee and the lease canceled

21  to the extent of the natural reef or bed and the same shall be

22  marked with buoys and stakes and notices placed thereon

23  showing the same to be a public reef or bed, the cost of the

24  markers and notices to be taxed against the lessee.

25         (11)  WHEN NATURAL REEFS OR BEDS MAY BE INCLUDED IN

26  LEASE.--

27         (a)  When an application for a submerged land lease for

28  cultivating shellfish is filed, and when a resource survey of

29  such lands identifies natural oyster or clam reefs or beds,

30  the department shall determine if such reefs and beds are to

31  be included in the leased area. The department, if it deems it

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  1  to be in the best interest of the state, may include such

  2  natural reefs or beds in a lease. In those cases where a

  3  natural area is included in a lease, the department shall fix

  4  a reasonable value on the same, to be paid by the applicant

  5  for lease of such submerged land. No natural reefs shall be

  6  included in any shellfish or aquaculture lease granted in

  7  Franklin County.

  8         (b)  The department shall determine and settle all

  9  disputes as to boundaries between lessees. The department

10  shall, in all cases, determine whether a particular submerged

11  land area contains a natural reef or bed or whether it is

12  suitable for raising oysters or clams.

13         (12)  FRANKLIN COUNTY LEASES.--On and after the

14  effective date of this section, the only leases available in

15  Franklin County shall be those issued pursuant to ss.

16  253.67-253.75; chapter 370 leases shall no longer be

17  available. The department shall require in the lease agreement

18  such restrictions as it deems necessary to protect the

19  environment, the existing leaseholders, and public fishery.

20         (13)  TRESPASS ON LEASED BEDS; PROTECTION OF LEASE

21  AREAS.--

22         (a)  Any person who willfully takes oysters, shells,

23  cultch, or clams bedded or planted by a licensee under this

24  chapter, or grantee under the provisions of heretofore

25  existing laws, or riparian owner who may have heretofore

26  planted the same on his or her riparian bottoms, or any

27  oysters or clams deposited by anyone making up a cargo for

28  market, or who willfully carries or attempts to carry away the

29  same without permission of the owner thereof, or who willfully

30  or knowingly removes, breaks off, destroys, or otherwise

31  injures or alters any stakes, bounds, monuments, buoys,

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  1  notices, or other designations of any natural oyster or clam

  2  reefs or beds or private bedding or propagating grounds, or

  3  who willfully injures, destroys, or removes any other

  4  protection around any oyster or clam reefs or beds, or who

  5  willfully moves any bedding ground stakes, buoys, marks, or

  6  designations placed by the department, commits a violation of

  7  this section.

  8         (b)  Harvesting shellfish is prohibited within a

  9  distance of 25 feet outside lawfully marked lease boundaries

10  or within setback and access corridors within specifically

11  designated high-density aquaculture lease areas and

12  aquaculture use zones.

13         (14)  SHELLFISH DEVELOPMENT.--

14         (a)  The department shall improve, enlarge, and protect

15  the natural oyster and clam reefs and beds of this state to

16  the extent it may deem advisable and the means at its disposal

17  will permit.

18         (b)  The Fish and Wildlife Conservation Commission

19  shall, to the same extent, assist in protecting shellfish

20  aquaculture products produced on leased or granted reefs and

21  beds.

22         (c)  The department, in cooperation with the

23  commission, shall provide the Legislature with recommendations

24  as needed for the development and the proper protection of the

25  rights of the state and private holders therein with respect

26  to the oyster and clam business.

27         (15)  SPECIAL ACTIVITY LICENSES.--The department is

28  authorized to issue special activity licenses, in accordance

29  with s. 597.020, to permit the harvest or cultivation of

30  oysters, clams, mussels, and crabs.

31

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  1         (16)  STAKING OFF WATER BOTTOMS OR BEDDING OYSTERS

  2  WITHOUT OBTAINING LEASE.--Any person staking off the water

  3  bottoms of this state, or bedding oysters on the bottoms of

  4  the waters of this state, without previously leasing same as

  5  required by law commits a violation of this section, and shall

  6  acquire no rights by reason of such staking off. This

  7  provision does not apply to grants heretofore made under the

  8  provisions of any heretofore existing laws or to artificial

  9  beds made heretofore by a riparian owner or his or her

10  grantees on the owner's riparian bottoms.

11         (17)  SHELLFISH HARVESTING SEASONS; SPECIAL PROVISIONS

12  RELATING TO APALACHICOLA BAY.--

13         (a)  The Fish and Wildlife Conservation Commission

14  shall by rule set the noncultured shellfish harvesting seasons

15  in Apalachicola Bay.

16         (b)  If the commission changes the harvesting seasons

17  by rule as set forth in this subsection, for 3 years after the

18  new rule takes effect, the commission, in cooperation with the

19  department, shall monitor the impacts of the new harvesting

20  schedule on the bay and on local shellfish harvesters to

21  determine whether the new harvesting schedule should be

22  discontinued, retained, or modified.  In monitoring the new

23  schedule and in preparing its report, the following

24  information shall be considered:

25         1.  Whether the bay benefits ecologically from the new

26  harvesting schedule.

27         2.  Whether the new harvesting schedule enhances the

28  enforcement of shellfish harvesting laws in the bay.

29         3.  Whether the new harvesting schedule enhances

30  natural shellfish production, oyster relay and planting

31  programs, and shell planting programs in the bay.

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  1         4.  Whether the new harvesting schedule has more than a

  2  short-term adverse economic impact, if any, on local shellfish

  3  harvesters.

  4         (18)  REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL

  5  REEFS; LICENSES, ETC.; PENALTY.--

  6         (a)  It is unlawful to use a dredge or any means or

  7  implement other than hand tongs in removing oysters from the

  8  natural or artificial state reefs or beds. This restriction

  9  shall apply to all areas of Apalachicola Bay for all shellfish

10  harvesting, excluding private grounds leased or granted by the

11  state prior to July 1, 1989, if the lease or grant

12  specifically authorizes the use of implements other than hand

13  tongs for harvesting.  Except in Apalachicola Bay, upon the

14  payment of $25 annually, for each vessel or boat using a

15  dredge or machinery in the gathering of clams or mussels, a

16  special activity license may be issued by the Fish and

17  Wildlife Conservation Commission pursuant to subsection (15)

18  or s. 370.06 for such use to such person.

19         (b)  Approval by the department to harvest shellfish by

20  dredge or other mechanical means from privately held shellfish

21  leases or grants in Apalachicola Bay shall include, but not be

22  limited to, the following conditions:

23         1.  The use of any mechanical harvesting device other

24  than ordinary hand tongs for taking shellfish for any purpose

25  from public shellfish beds in Apalachicola Bay shall be

26  unlawful.

27         2.  The possession of any mechanical harvesting device

28  on the waters of Apalachicola Bay from 5 p.m. until sunrise

29  shall be unlawful.

30         3.  Leaseholders or grantees shall notify the

31  department no less than 48 hours prior to each day's use of a

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  1  dredge or scrape in order for the department to notify the

  2  Fish and Wildlife Conservation Commission that a mechanical

  3  harvesting device will be deployed.

  4         4.  Only two dredges or scrapes per lease or grant may

  5  be possessed or operated at any time.

  6         5.  Each vessel used for the transport or deployment of

  7  a dredge or scrape shall prominently display the lease or

  8  grant number or numbers, in numerals which are at least 12

  9  inches high and 6 inches wide, in such a manner that the lease

10  or grant number or numbers are readily identifiable from both

11  the air and the water.

12

13  Any violation of this paragraph or of any other statutes,

14  rules, or conditions referenced in the lease agreement shall

15  be considered a violation of the license and shall result in

16  revocation of the lease or a denial of use or future use of a

17  mechanical harvesting device.

18         (c)  Oysters may be harvested from natural or public or

19  private leased or granted grounds by common hand tongs or by

20  hand, by scuba diving, free diving, leaning from vessels, or

21  wading.  In Apalachicola Bay, this provision shall apply to

22  all shellfish.

23         (19)  FISHING FOR RELAYING OR TRANSPLANTING PURPOSES.--

24         (a)  The department shall designate areas for the

25  taking of oysters and clams to be planted on leases, grants,

26  and public areas. Oysters, clams, and mussels may be taken for

27  relaying or transplanting at any time during the year so long

28  as, in the opinion of the department, the public health will

29  not be endangered. The amount of oysters, clams, and mussels

30  to be obtained for relaying or transplanting, the area relayed

31

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  1  or transplanted to, and relaying or transplanting time periods

  2  shall be established in each case by the department.

  3         (b)  Application for a special activity license issued

  4  pursuant to subsection (15) for obtaining oysters, clams, or

  5  mussels for relaying from closed public shellfish harvesting

  6  areas to open areas or certified controlled purification

  7  plants or for transplanting sublegal-sized oysters, clams, or

  8  mussels must be made to the department. In return, the

  9  department may assign an area and a period of time for the

10  oysters, clams, or mussels to be relayed or transplanted to be

11  taken.  All relaying and transplanting operations shall take

12  place under the direction of the department.

13         (c)  Relayed oysters, clams, or mussels shall not be

14  subsequently harvested for any reason without written

15  permission or public notice from the department.

16         (20)  OYSTER AND CLAM REHABILITATION.--The board of

17  county commissioners of the several counties may appropriate

18  and expend such sums as it may deem proper for the purpose of

19  planting or transplanting oysters, clams, oyster shell, clam

20  shell, or cultch or to perform such other acts for the

21  enhancement of the oyster and clam industries of the state,

22  out of any sum in the county treasury not otherwise

23  appropriated.

24         (21)  DREDGING OF DEAD SHELLS PROHIBITED.--The dredging

25  of dead shell deposits is prohibited in the state.

26         (22)  COOPERATION WITH UNITED STATES FISH AND WILDLIFE

27  SERVICE.--The department shall cooperate with the United

28  States Fish and Wildlife Service, under existing federal laws,

29  rules, and regulations, and is authorized to accept donations,

30  grants, and matching funds from the Federal Government in

31  order to carry out its oyster resource and development

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  1  responsibilities.  The department is further authorized to

  2  accept any and all donations including funds, oysters, or

  3  oyster shells.

  4         (23)  OYSTER AND CLAM SHELLS PROPERTY OF DEPARTMENT.--

  5         (a)  Except for oysters used directly in the half-shell

  6  trade, 50 percent of all shells from oysters and clams shucked

  7  commercially in the state shall be and remain the property of

  8  the department when such shells are needed and required for

  9  rehabilitation projects and planting operations, in

10  cooperation with the Fish and Wildlife Conservation

11  Commission, when sufficient resources and facilities exist for

12  handling and planting such shell, and when the collection and

13  handling of such shell is practicable and useful, except that

14  bona fide holders of leases and grants may retain 75 percent

15  of such shell as they produce for aquacultural purposes.

16  Storage, transportation, and planting of shells so retained by

17  lessees and grantees shall be carried out under the conditions

18  of the lease agreement or with the written approval of the

19  department and shall be subject to such reasonable time limits

20  as the department may fix. In the event of an accumulation of

21  an excess of shells, the department is authorized to sell

22  shells only to private growers for use in oyster or clam

23  cultivation on bona fide leases and grants. No profit shall

24  accrue to the department in these transactions, and shells are

25  to be sold for the estimated moneys spent by the department to

26  gather and stockpile the shells. Planting of shells obtained

27  from the department by purchase shall be subject to the

28  conditions set forth in the lease agreement or in the written

29  approval as issued by the department.  Any shells not claimed

30  and used by private oyster cultivators 10 years after shells

31

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  1  are gathered and stockpiled may be sold at auction to the

  2  highest bidder for any private use.

  3         (b)  Whenever the department determines that it is

  4  unfeasible to collect oyster or clam shells, the shells become

  5  the property of the producer.

  6         (c)  Whenever oyster or clam shells are owned by the

  7  department and it is not useful or feasible to use them in the

  8  rehabilitation projects, and when no leaseholder has exercised

  9  his or her option to acquire them, the department may sell

10  such shells for the highest price obtainable. The shells thus

11  sold may be used in any manner and for any purpose at the

12  discretion of the purchaser.

13         (d)  Moneys derived from the sale of shell shall be

14  deposited in the General Inspection Trust Fund for shellfish

15  programs.

16         (e)  The department may publish notice, in a newspaper

17  serving the county, of its intention to collect the oyster and

18  clam shells and shall notify, by certified mail, each shucking

19  establishment from which shells are to be collected.  The

20  notice shall contain the period of time the department intends

21  to collect the shells in that county and the collection

22  purpose.

23         (24)  OYSTER CULTURE.--The department, in cooperation

24  with the Fish and Wildlife Conservation Commission and the

25  Department of Environmental Protection, shall protect all clam

26  beds, oyster beds, shellfish grounds, and oyster reefs from

27  damage or destruction resulting from improper cultivation,

28  propagation, planting, or harvesting and control the pollution

29  of the waters over or surrounding beds, grounds, or reefs, and

30  to this end the Department of Health is authorized and

31

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  1  directed to lend its cooperation to the department, to make

  2  available its laboratory testing facilities and apparatus.

  3         (25)  REQUIREMENTS FOR OYSTER OR CLAM VESSELS.--

  4         (a)  All vessels used for the harvesting, gathering, or

  5  transporting of oysters or clams for commercial purposes shall

  6  be constructed and maintained to prevent contamination or

  7  deterioration of shellfish. To this end, all such vessels

  8  shall be provided with false bottoms and bulkheads fore and

  9  aft to prevent onboard shellfish from coming in contact with

10  any bilge water.  No dogs or other animals shall be allowed at

11  any time on vessels used to harvest or transport shellfish.  A

12  violation of any provision of this subsection shall result in

13  at least the revocation of the violator's license.

14         (b)  For the purpose of this subsection, "harvesting,

15  gathering, or transporting of oysters or clams for commercial

16  purposes" means to harvest, gather, or transport oysters or

17  clams with the intent to sell and shall apply to a quantity of

18  two or more bags of oysters per vessel or more than one

19  5-gallon bucket of unshucked hard clams per person or more

20  than two 5-gallon buckets of unshucked hard clams per vessel.

21         Section 31.  Section 370.071, Florida Statutes, is

22  transferred, renumbered as section 597.020, Florida Statutes,

23  and amended to read:

24         597.020 370.071  Shellfish processors; regulation.--

25         (1)  The department of Agriculture and Consumer

26  Services, hereinafter referred to as department, is authorized

27  to adopt by rule regulations, specifications, and codes

28  relating to sanitary practices for catching, cultivating,

29  handling, processing, packaging, preserving, canning, smoking,

30  and storing of oysters, clams, mussels, scallops, and crabs.

31  The department is also authorized to license shellfish

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  1  processors who handle aquaculture facilities used to culture

  2  oysters, clams, mussels, scallops, and crabs when such

  3  activities relate to quality control, sanitary, and public

  4  health practices pursuant to this section and chapter 500 and

  5  s. 370.06(4).  The department is also authorized to license or

  6  certify, for a fee determined by rule, facilities used for

  7  processing oysters, clams, mussels, scallops, and crabs, to

  8  levy an administrative fine of up to $1,000 per violation per

  9  day or to suspend or revoke such licenses or certificates upon

10  satisfactory evidence of any violation of rules adopted

11  pursuant to this section, and to seize and destroy any

12  adulterated or misbranded shellfish products as defined by

13  rule.

14         (2)  A shellfish processing plant certification license

15  is required to operate any facility in which oysters, clams,

16  mussels, scallops, or crabs are processed, including but not

17  limited to: an oyster, clam, or mussel, or scallop cannery; a

18  shell stock dealership; an oyster, clam, or mussel, or scallop

19  shucking plant; an oyster, clam, or mussel, or scallop

20  repacking plant; an oyster, clam, or mussel, or scallop

21  controlled purification plant; or a crab or soft-shell crab

22  processing or shedding plant.

23         (3)  The department may suspend or revoke any shellfish

24  processing plant certification license upon satisfactory

25  evidence that the licensee has violated any regulation,

26  specification, or code adopted under this section and may

27  seize and destroy any shellfish product which is defined by

28  rule to be an adulterated or misbranded shellfish product.

29         Section 32.  Subsection (13) of section 190.003,

30  Florida Statutes, is amended to read:

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  1         190.003  Definitions.--As used in this chapter, the

  2  term:

  3         (13)  "Landowner" means the owner of a freehold estate

  4  as appears by the deed record, including a trustee, a private

  5  corporation, and an owner of a condominium unit; it does not

  6  include a reversioner, remainderman, mortgagee, or any

  7  governmental entity, who shall not be counted and need not be

  8  notified of proceedings under this act. Landowner shall also

  9  mean the owner of a ground lease from a governmental entity,

10  which leasehold interest has a remaining term, excluding all

11  renewal options, in excess of 50 years.

12         Section 33.  Paragraph (a) of subsection (1) of section

13  190.005, Florida Statutes, is amended to read:

14         190.005  Establishment of district.--

15         (1)  The exclusive and uniform method for the

16  establishment of a community development district with a size

17  of 1,000 acres or more shall be pursuant to a rule, adopted

18  under chapter 120 by the Florida Land and Water Adjudicatory

19  Commission, granting a petition for the establishment of a

20  community development district.

21         (a)  A petition for the establishment of a community

22  development district shall be filed by the petitioner with the

23  Florida Land and Water Adjudicatory Commission.  The petition

24  shall contain:

25         1.  A metes and bounds description of the external

26  boundaries of the district. Any real property within the

27  external boundaries of the district which is to be excluded

28  from the district shall be specifically described, and the

29  last known address of all owners of such real property shall

30  be listed. The petition shall also address the impact of the

31  proposed district on any real property within the external

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  1  boundaries of the district which is to be excluded from the

  2  district.

  3         2.  The written consent to the establishment of the

  4  district by all landowners whose the owner or owners of 100

  5  percent of the real property is to be included in the district

  6  or documentation demonstrating that the petitioner has control

  7  by deed, trust agreement, contract, or option of 100 percent

  8  of the real property to be included in the district, and when

  9  real property to be included in the district is owned by a

10  governmental entity and subject to a ground lease as described

11  in s. 190.003(13), the written consent by such governmental

12  entity.

13         3.  A designation of five persons to be the initial

14  members of the board of supervisors, who shall serve in that

15  office until replaced by elected members as provided in s.

16  190.006.

17         4.  The proposed name of the district.

18         5.  A map of the proposed district showing current

19  major trunk water mains and sewer interceptors and outfalls if

20  in existence.

21         6.  Based upon available data, the proposed timetable

22  for construction of the district services and the estimated

23  cost of constructing the proposed services. These estimates

24  shall be submitted in good faith but shall not be binding and

25  may be subject to change.

26         7.  A designation of the future general distribution,

27  location, and extent of public and private uses of land

28  proposed for the area within the district by the future land

29  use plan element of the effective local government

30  comprehensive plan of which all mandatory elements have been

31  adopted by the applicable general-purpose local government in

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  1  compliance with the Local Government Comprehensive Planning

  2  and Land Development Regulation Act.

  3         8.  A statement of estimated regulatory costs in

  4  accordance with the requirements of s. 120.541.

  5         Section 34.  Subsection (10) is added to section

  6  190.021, Florida Statutes, to read:

  7         190.021  Taxes; non-ad valorem assessments.--

  8         (10)  LAND OWNED BY GOVERNMENTAL ENTITY.--Except as

  9  otherwise provided by law, no levy of ad valorem taxes or

10  non-ad valorem assessments under this chapter, or chapter 170,

11  197 or otherwise, by a board of a district on property of a

12  governmental entity that is subject to a ground lease as

13  described in s. 190.003(13), shall constitute a lien or

14  encumbrance on the underlying fee interest of such

15  governmental entity.

16         Section 35.  This act shall take effect July 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                           CS/CS/SB 806

  3

  4  The Committee Substitute made the following changes to
    CS/CS/SB 806:
  5
    1)  Provides for distribution of 4% of the total saltwater
  6  products dealers license fees from the Florida Saltwater
    Products Promotional Trust Fund to the Marine Resources
  7  Conservation Trust Fund of the FWCC for the purpose of
    processing the dealers licenses.
  8
    2)  Provides that irrespective of whether the $5 per alligator
  9  egg permit fee is assessed by the FWCC, $1 per egg shall be
    transferred from the alligator management program to the
10  General Inspection TF of the Dept. of Agriculture.

11  3)  Provides that irrespective of whether the $30 per
    alligator hide validation tag is assessed by the FWCC, $5 per
12  validation hide shall be transferred from the alligator
    management program to the General Inspection TF of the Dept.
13  of Agriculture.

14  4)  Includes the owner of a long term ground lease from a
    governmental entity in excess of 50 years within the
15  definition of "landowner" for the purpose of establishment of
    a community development district.
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