Senate Bill 0806e1

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  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; amending s. 190.012,

14         F.S.; authorizing community development

15         districts to fund certain environmental costs

16         under certain circumstances; declaring

17         legislative intent; providing an effective

18         date.

19

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

21

22         Section 1.  Section 253.002, Florida Statutes, is

23  amended to read:

24         253.002  Department of Environmental Protection, and

25  water management districts, and Department of Agriculture and

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

27         (1)  The Department of Environmental Protection shall

28  perform all staff duties and functions related to the

29  acquisition, administration, and disposition of state lands,

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

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


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

  2  water management district created under s. 373.069 shall

  3  perform the staff duties and functions related to the review

  4  of any application for authorization to use board of

  5  trustees-owned submerged lands necessary for an activity

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

  7  management district has permitting responsibility as set forth

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

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

10  Consumer Services shall perform the staff duties and functions

11  related to the review of applications and compliance with

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

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

14  597.010. Unless expressly prohibited by law, the board of

15  trustees may delegate to the department any statutory duty or

16  obligation relating to the acquisition, administration, or

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

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

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

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

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

22  board of trustees-owned submerged lands for any activity

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

24  management district has permitting responsibility as set forth

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

26  This water management district responsibility under this

27  subsection shall be subject to the department's general

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

29  trustees may also delegate to the Department of Agriculture

30  and Consumer Services the authority to take final agency

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


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

  2  department has responsibility pursuant to ss. 253.67-253.75

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

  4  the authority to take final agency action on establishing any

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

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

  7  Upon issuance of an aquaculture lease or other real property

  8  transaction relating to aquaculture, the Department of

  9  Agriculture and Consumer Services must send a copy of the

10  document and the accompanying survey to the Department of

11  Environmental Protection.

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

13  management district, or the Department of Agriculture and

14  Consumer Services of authority to take final agency action on

15  applications for authorization to use submerged lands owned by

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

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

18  pursuant to this subsection become effective, existing

19  delegations by the board of trustees shall remain in full

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

21  limited or prohibited from amending these delegations. By

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

23  any delegations of its authority to take final agency action

24  without action by the board of trustees on applications for

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

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

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

28  district, or the Department of Agriculture and Consumer

29  Services on applications to use board of trustees-owned

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

31  373.4275. Notwithstanding any other provision of this


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

  2  Affairs, and the department retain the concurrent authority to

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

  4  of trustees.

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

  6  253.01, Florida Statutes, is amended to read:

  7         253.01  Internal Improvement Trust Fund established.--

  8         (1)

  9         (b)  All revenues received from application fees

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

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

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

13  charged by the Department of Agriculture and Consumer Services

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

15  must be deposited into the Internal Improvement Trust Fund.

16  The fees charged by the division for reproduction of records

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

18  Revenues received by the Department of Agriculture and

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

20  and 597.010 shall be deposited in the General Inspection Trust

21  Fund of the Department of Agriculture and Consumer Services.

22         Section 3.  Section 253.67, Florida Statutes, is

23  amended to read:

24         253.67  Definitions.--As used in ss. 253.67-253.75:

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

26  organisms.

27         (2)(4)  "Board" means the Board of Trustees of the

28  Internal Improvement Trust Fund.

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

30  and Consumer Services Environmental Protection.

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  1         (4)(2)  "Water column" means the vertical extent of

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

  3  of submerged bottom land.

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

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

  6  amended to read:

  7         253.71  The lease contract.--When the board has

  8  determined that the proposed lease is not incompatible with

  9  the public interest and that the applicant has demonstrated

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

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

12  contract having the following features in addition to others

13  deemed desirable by the board:

14         (2)  RENTAL FEES.--

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

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

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

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

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

20  annum shall be levied upon each lease according to the

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

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

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

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

25  to perform effective cultivation shall constitute ground for

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

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

28  the leased land and water column.  Effective cultivation shall

29  consist of the grow out of the aquaculture product according

30  to the business plan provided in the lease contract guidelines

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


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  1         Section 5.  Section 253.72, Florida Statutes, is

  2  amended to read:

  3         253.72  Marking of leased areas; restrictions on public

  4  use.--

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

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

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

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

  9  to interfere unnecessarily with navigation and other

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

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

12  signs appropriately placed pursuant to regulations of the

13  board.

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

15  effective development of the species of animal or plant life

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

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

18  leased area for traditional water activities such as boating,

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

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

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

22  pursuant to rules regulations by the board. Any person

23  willfully violating posted restrictions commits shall be

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

25  provided in s. 775.082 or s. 775.083.

26         (3)  To assist in protecting shellfish aquaculture

27  products produced on leases authorized pursuant to this

28  chapter and chapter 597 370, harvesting shellfish is

29  prohibited within a distance of 25 feet outside lawfully

30  marked lease boundaries or within setback and access corridors

31


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  1  within specifically designated high-density aquaculture lease

  2  areas and aquaculture use zones.

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

  4  Statutes, is amended to read:

  5         253.75  Studies and recommendations by the department

  6  and the Fish and Wildlife Conservation Commission; designation

  7  of recommended traditional and other use zones; supervision of

  8  aquaculture operations.--

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

10  the board shall request comments a recommendation by the

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

12  by the Fish and Wildlife Conservation Commission, when the

13  application relates to bottom land covered by fresh or salt

14  water. Such comments recommendations shall be based on such

15  factors as an assessment of the probable effect of the

16  proposed lease leasing arrangement on the lawful rights of

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

18  the conservation of fish or other wildlife or other programs

19  under the constitutional or statutory authority of the Fish

20  and Wildlife Conservation Commission natural resources,

21  including beaches and shores.

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

23  Statutes, is amended to read:

24         270.22  Proceeds of state lands to go into Internal

25  Improvement Trust Fund; exception.--

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

27  253.71(2) shall be deposited into the General Inspection Trust

28  Fund of the Department of Agriculture and Consumer Services

29  Marine Resources Conservation Trust Fund of the Department of

30  Environmental Protection.  Such fees generated by

31  shellfish-related aquaculture leases shall be used for


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  1  shellfish-related aquaculture activities, including research,

  2  lease compliance inspections, mapping, and siting.

  3         Section 8.  Section 328.76, Florida Statutes, is

  4  amended to read:

  5         328.76  Marine Resources Conservation Trust Fund;

  6  vessel registration funds; appropriation and distribution.--

  7         (1)  Except as otherwise specified and less any

  8  administrative costs, all funds collected from the

  9  registration of vessels through the Department of Highway

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

11  shall be deposited in the Marine Resources Conservation Trust

12  Fund for recreational channel marking; public launching

13  facilities; law enforcement and quality control programs;

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

15  rehabilitation, and release; and marine mammal protection and

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

17  be transferred as follows:

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

19  each vessel registered in this state shall be transferred to

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

21  research, protection, and recovery in accordance with the

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

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

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

25  transferred to the Save the Manatee Trust Fund in accordance

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

27  facilities approved to rescue, rehabilitate, and release

28  manatees as authorized pursuant to the Fish and Wildlife

29  Service of the United States Department of the Interior.

30         (c)  Two dollars from each noncommercial vessel

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


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  1  transferred to the Invasive Plant Control Trust Fund for

  2  aquatic weed research and control.

  3         (d)  Forty percent of the registration fees from

  4  commercial vessels shall be used for law enforcement and

  5  quality control programs.

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

  7  commercial vessels shall be transferred to the Invasive Plant

  8  Control Trust Fund for aquatic plant research and control.

  9         (e)  Forty percent of the registration fees from

10  commercial vessels shall be transferred by the Department of

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

12  General Inspection Trust Fund of the Department of Agriculture

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

14  and aquaculture law enforcement and quality control programs.

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

16  be deposited in the Marine Resources Conservation Trust Fund.

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

18  saltwater products license program. Additional proceeds from

19  the licensing revenue shall be distributed among the following

20  program functions:

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

22  enforcement;

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

24  the Florida Saltwater Products Promotion Trust Fund within the

25  Department of Agriculture and Consumer Services, on a monthly

26  basis, for the purpose of providing marketing and extension

27  services including industry information and education; and

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

29  Conservation Commission, for use in marine research and

30  statistics development, including quota management.

31


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

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

  3  Statutes, are amended to read:

  4         370.06  Licenses.--

  5         (4)  SPECIAL ACTIVITY LICENSES.--

  6         (c)  The Department of Agriculture and Consumer

  7  Services is authorized to issue special activity licenses, in

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

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

10  activities relate to quality control, sanitation, public

11  health regulations, innovative technologies for aquaculture

12  activities, or the protection of shellfish resources provided

13  in this chapter.

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

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

16  oyster harvesting license shall, before receiving the license

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

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

19  Department of Environmental Protection's Apalachicola National

20  Estuarine Research Reserve, the Division of Law Enforcement of

21  the Fish and Wildlife Conservation Commission, and the

22  Department of Agriculture and Consumer Services' Apalachicola

23  District Shellfish Environmental Assessment Laboratory. The

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

25  conservation of the Apalachicola Bay, sanitary care of

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

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

28  attending shall receive a certificate of participation to

29  present when obtaining an Apalachicola Bay oyster harvesting

30  license.  The educational seminar is not required for renewal

31  of an Apalachicola Bay oyster harvesting license.


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

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

  3  370.07, Florida Statutes, are amended to read:

  4         370.07  Wholesale and retail saltwater products

  5  dealers; regulation.--

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

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

  8  other funds derived from the Federal Government or from any

  9  other source, shall be deposited in a Florida Saltwater

10  Products Promotion Trust Fund to be administered by the

11  Department of Agriculture and Consumer Services for the sole

12  purpose of promoting all fish and saltwater products produced

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

14  and retail saltwater products dealer's license fees collected

15  shall be deposited into the Marine Resources Conservation

16  Trust Fund administered by the Fish and Wildlife Conservation

17  Commission for the purpose of processing wholesale and retail

18  saltwater products dealer's licenses.

19         (3)  APALACHICOLA BAY OYSTER SURCHARGE.--

20         (f)  The Department of Revenue shall collect the

21  surcharge for transfer into the General Inspection Trust Fund

22  of the Department of Agriculture and Consumer Services Marine

23  Resources Conservation Trust Fund of the Department of

24  Environmental Protection.

25         (h)  Annually, the Department of Agriculture and

26  Consumer Services and the Fish and Wildlife Conservation

27  Commission Environmental Protection shall furnish the

28  Department of Revenue with a current list of wholesale dealers

29  in the state.

30         (i)  Collections received by the Department of Revenue

31  from the surcharge shall be transferred quarterly to the


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  1  General Inspection Trust Fund of the Department of Agriculture

  2  and Consumer Services Department of Environmental Protection

  3  Marine Resources Conservation Trust Fund, less the costs of

  4  administration.

  5         (k)  The Department of Agriculture and Consumer

  6  Services Environmental Protection shall use or distribute

  7  funds generated by this surcharge, less reasonable costs of

  8  collection and administration, to fund the following oyster

  9  management and restoration programs in Apalachicola Bay:

10         1.  The relaying and transplanting of live oysters.

11         2.  Shell planting to construct or rehabilitate oyster

12  bars.

13         3.  Education programs for licensed oyster harvesters

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

15  sanitation, resource conservation, small business management,

16  and other relevant subjects.

17         4.  Research directed toward the enhancement of oyster

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

19  bay.

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

21  (17), (19), (22), and (24) through (27) of section 370.16,

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

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

24  amended to read:

25         370.16  Noncultured shellfish harvesting Oysters and

26  shellfish; regulation.--

27         (1)(12)  PROTECTION OF OYSTER AND CLAM REEFS AND

28  SHELLFISH AQUACULTURE PRODUCTS.--

29         (a)  The Department of Environmental Protection shall

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

31


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

  2  the means at its disposal will permit.

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

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

  5  aquaculture products produced on leased or granted reefs in

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

  7  shellfish is prohibited within a distance of 25 feet outside

  8  lawfully marked lease boundaries or within setback and access

  9  corridors within specifically designated high-density

10  aquaculture lease areas and aquaculture use zones.

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

12  commission, shall provide the Legislature with recommendations

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

14  rights of the state and private holders therein with respect

15  to the oyster and clam business.

16         (2)(14)  SHELLFISH HARVESTING SEASONS; DAYS: SPECIAL

17  PROVISIONS RELATING TO APALACHICOLA BAY.--

18         (a)  The Fish and Wildlife Conservation Commission

19  shall by rule set the noncultured consider setting the

20  shellfish harvesting seasons in the Apalachicola Bay. as

21  follows:

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

23  of each year.

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

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

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

27  relaying and transplanting and shell planting.

28         (b)  If the commission changes the harvesting seasons

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

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

31  Department of Agriculture and Consumer Services, shall monitor


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

  2  local shellfish harvesters to determine whether the new

  3  harvesting schedule should be discontinued, retained, or

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

  5  report, the commission shall consider the following

  6  information shall be considered:

  7         1.  Whether the bay benefits ecologically from the new

  8  harvesting schedule being closed to shellfish harvesting from

  9  August 1 to September 30 of each year.

10         2.  Whether the new harvesting schedule enhances the

11  enforcement of shellfish harvesting laws in the bay.

12         3.  Whether the new harvesting schedule enhances

13  natural shellfish production, oyster relay and planting

14  programs, and shell planting programs in the bay.

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

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

17  harvesters.

18         (c)  The Fish and Wildlife Conservation Commission by

19  rule shall consider restricting harvesting on shellfish grants

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

21  beds.

22         (3)(15)  REMOVING OYSTERS, CLAMS, OR MUSSELS FROM

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

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

25  implement other than hand tongs in removing oysters from the

26  natural or artificial state reefs. This restriction shall

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

28  harvesting, excluding private grounds leased or granted by the

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

30  specifically authorizes the use of implements other than hand

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


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

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

  3  special activity license may be issued by the Fish and

  4  Wildlife Conservation Commission pursuant to s. 370.06 for

  5  such use to such person.

  6         (b)  Special activity licenses issued to harvest

  7  shellfish by dredge or other mechanical means from privately

  8  held shellfish leases or grants in Apalachicola Bay shall

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

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

11  other than ordinary hand tongs for taking shellfish for any

12  purpose from public shellfish beds in Apalachicola Bay shall

13  be unlawful.

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

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

16  sunrise shall be unlawful.

17         3.  Leaseholders or grantees shall telephonically

18  notify the Fish and Wildlife Conservation Commission no less

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

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

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

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

23  be used without a commission officer present.

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

25  be possessed or operated at any time.

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

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

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

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

30  or grant number or numbers are readily identifiable from both

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


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  1  statutes, rules, or conditions necessary to protect the

  2  environment and natural resources from improper transport,

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

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

  5  or conditions referenced in the special activity license shall

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

  7  revocation of the license and forfeiture of the bond submitted

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

  9  license.

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

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

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

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

14  apply to all shellfish.

15

16  The commission shall apply other statutes, rules, or

17  conditions necessary to protect the environment and natural

18  resources from improper transport, deployment, and operation

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

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

21  special activity license shall be considered a violation of

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

23  forfeiture of the bond submitted to the commission as a

24  prerequisite to the issuance of this license.

25         (4)(18)  FALSE RETURNS AS TO OYSTERS OR CLAMS

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

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

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

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

30  and shellfish purchased, caught, or handled during the

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


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

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

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

  4  imprisonment in the county jail not exceeding 6 months.

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

  6         (a)  The Fish and Wildlife Conservation Commission may

  7  establish and maintain necessary patrols of the salt waters of

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

  9  to capture any vessel or person violating the provisions of

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

11  ports of entry at convenient locations where the severance or

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

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

14  necessary for the enforcement of such tax.

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

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

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

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

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

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

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

22  requested so to do by the commission or any conservation

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

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

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

26  during the preceding month. The commission may require

27  detailed returns whenever it deems them necessary.

28         (6)(21)  SEIZURE OF VESSELS AND CARGOES VIOLATING

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

30  violating the provisions of the laws relating to oysters and

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


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

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

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

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

  5  shall be liable to forfeiture, on appropriate proceedings

  6  being instituted by the Fish and Wildlife Conservation

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

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

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

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

11  other instruments in fishing oysters on natural reefs contrary

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

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

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

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

16  deposited with the Treasurer to the credit of the General

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

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

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

20  Pending proceedings such vessel may be released upon the owner

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

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

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

24  court.

25         (7)(23)  DREDGING OF DEAD SHELLS PROHIBITED.--The

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

27         (8)(28)  REQUIREMENTS FOR OYSTER VESSELS.--

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

29  transporting of noncultured oysters for commercial use shall

30  be constructed and maintained to prevent contamination or

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


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

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

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

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

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

  6  revocation of the violator's license.

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

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

  9  2 gallons, of shucked oysters, per person or per boat, or any

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

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

12  370.161, Florida Statutes, are amended to read:

13         370.161  Oyster bottom land grants made pursuant to ch.

14  3293.--

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

16  of county commissioners under the authority of chapter 3293,

17  1881, Laws of Florida, shall be subject to provisions of s.

18  597.010 370.16, relating to the marking of such lands, the

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

20  forfeiture provisions.

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

22  shall mark such lands and begin cultivation thereof as set

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

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

25  shall be payable immediately upon the effective date of this

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

27         Section 13.  Section 372.071, Florida Statutes, is

28  amended to read:

29         372.071  Powers of arrest by agents of Department of

30  Environmental Protection or Fish and Wildlife Conservation

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


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  1  Department of Environmental Protection or the Fish and

  2  Wildlife Conservation Commission, upon receiving information,

  3  relayed to her or him from any law enforcement officer

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

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

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

  7  370, or this chapter, or s. 597.010 or s. 597.020, may arrest

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

  9  when reasonable and proper identification of the vehicle,

10  boat, or airboat and reasonable and probable grounds to

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

12  or is committing any such offense have been communicated to

13  the arresting officer by the other officer stationed on the

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

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

16  Florida Statutes, is amended to read:

17         372.6673  Taking and possession of alligators; trapping

18  licenses; fees.--

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

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

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

22  obtained, an alligator egg collection permit. The alligator

23  egg collection permit shall be required in addition to the

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

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

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

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

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

29  and retained, excluding eggs collected on private wetland

30  management areas, shall may be transferred from the alligator

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


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  1  administered by the Department of Agriculture and Consumer

  2  Services for the purpose of providing marketing and education

  3  services with respect to alligator products produced in this

  4  state, notwithstanding other provisions in this chapter.

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

  6  Florida Statutes, is amended to read:

  7         372.6674  Required tagging of alligators and hides;

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

  9  required in addition to any license required under s.

10  372.6673.

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

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

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

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

15  accordance with commission rule.  The commission is authorized

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

17  validation tag issued. Irrespective of whether a fee is

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

19  validated from public hunt programs and alligator farms, shall

20  may be transferred from the alligator management program to

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

22  Department of Agriculture and Consumer Services for the

23  purpose of providing marketing and education services with

24  respect to alligator products produced in this state,

25  notwithstanding other provisions in this chapter.

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

27  Statutes, is amended to read:

28         373.046  Interagency agreements.--

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

30  any operating agreement is developed pursuant to subsection

31  (4),:


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  1         (a)  the department shall have regulatory

  2  responsibility under part IV of this chapter for:

  3         1.  All saltwater aquaculture activities located on

  4  sovereignty submerged land or in the water column above such

  5  land and adjacent facilities directly related to the

  6  aquaculture activity.

  7         2.  aquaculture activities that meet or exceed the

  8  thresholds for aquaculture general permits authorized pursuant

  9  to ss. 370.26 and 403.814.

10         3.  Aquaculture activities within the Northwest Florida

11  Water Management District.

12         (b)  Water management districts shall have regulatory

13  responsibility under part IV of this chapter for aquaculture

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

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

16  and the applicable water management district, the department

17  and water management district may reassign the regulatory

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

19  the specific aquaculture operation, to achieve a more

20  efficient and effective permitting process.

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

22  Florida Statutes, is amended to read:

23         403.814  General permits; delegation.--

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

25  and the applicable water management district, the department

26  and water management district may reassign the regulatory

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

28  on the specific aquaculture operation, to achieve a more

29  efficient and effective permitting process.

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

31  Florida Statutes, is amended to read:


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  1         409.2598  Suspension or denial of new or renewal

  2  licenses; registrations; certifications.--

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

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

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

  6  certificate issued under chapter 231, chapter 370, chapter

  7  372, chapter 409, part II of chapter 455, or chapter 559, or

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

  9  support obligation or who fails, after receiving appropriate

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

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

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

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

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

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

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

17  500.03, Florida Statutes, is amended to read:

18         500.03  Definitions of terms; construction;

19  applicability.--

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

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

22  outlet, or any other facility manufacturing, processing,

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

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

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

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

27  that pack fruits and vegetables in their raw or natural

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

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

30  before they are marketed.

31


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  1         Section 20.  Section 570.18, Florida Statutes, is

  2  amended to read:

  3         570.18  Organization of departmental work.--In the

  4  assignment of functions to the 12 11 divisions of the

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

  6  within the Division of Administration, in addition to

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

  8  570.30.  The department shall organize the work of the other

  9  11 10 divisions in such a way as to secure maximum efficiency

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

11  570.29 are solely to make possible the definite placing of

12  responsibility.  The department shall be conducted as a unit

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

14  assigned a definite workload, and there shall exist between

15  division directors a spirit of cooperative effort to

16  accomplish the work of the department.

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

18  section 570.29, Florida Statutes, are renumbered as

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

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

21         570.29  Departmental divisions.--The department shall

22  include the following divisions:

23         (4)  Aquaculture.

24         Section 22.  Section 570.61, Florida Statutes, is

25  created to read:

26         570.61  Division of Aquaculture; powers and

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

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

29  aquaculture certification program; enforcing shellfish

30  sanitation standards; administering the aquaculture and

31  shellfish lease programs; ensuring that shellfish processing


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  1  facilities comply with applicable food safety requirements;

  2  mitigating, creating, and enhancing natural shellfish

  3  harvesting areas; providing education to fishermen and

  4  aquaculturists; promoting aquaculture development; purchasing

  5  commodities as necessary to carry out the provisions of this

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

  7  donations; providing grants, aids, and other technical

  8  assistance; and ensuring the safety of Florida waters.

  9         Section 23.  Section 570.62, Florida Statutes, is

10  created to read:

11         570.62  Director; duties.--

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

13  be appointed by the commissioner and shall serve at the

14  commissioner's pleasure.

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

16  coordinate the activities of the division, exercise such other

17  powers and duties as authorized by the commissioner, and

18  enforce the provisions of chapter 597, the rules adopted

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

20  out the responsibilities of the division.

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

22  597.003, Florida Statutes, is amended, and paragraphs (l) and

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

24         597.003  Powers and duties of Department of Agriculture

25  and Consumer Services.--

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

27  agency in encouraging the development of aquaculture in the

28  state and shall have and exercise the following functions,

29  powers, and duties with regard to aquaculture:

30         (f)  Submit the list of research and development

31  projects proposed to be funded through the department as


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  1  identified in the state aquaculture plan, along with the

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

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

  4  Representatives. If funded, these projects shall be contracted

  5  for by the Division of Aquaculture and shall require

  6  public-private partnerships, when appropriate. The contracts

  7  shall require a percentage of the profit generated by the

  8  project to be deposited into the General Inspection Trust Fund

  9  solely for funding aquaculture projects recommended by the

10  Aquaculture Review Council.

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

12  for the purpose of producing aquaculture products when the

13  aquaculture activity is compatible with state resource

14  management goals, environmental protection, and propriety

15  interest and when such state lands and waters are determined

16  to be suitable for aquaculture development by the Board of

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

18  253.68; and be responsible for all saltwater aquaculture

19  activities located on sovereignty submerged land or in the

20  water column above such land and adjacent facilities directly

21  related to the aquaculture activity.

22         1.  The department shall act in cooperation with other

23  state and local agencies and programs to identify and

24  designate sovereignty lands and waters that would be suitable

25  for aquaculture development.

26         2.  The department shall identify and evaluate specific

27  tracts of sovereignty submerged lands and water columns in

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

29  waters are suitable for leasing for aquaculture purposes.

30  Nothing in this subparagraph or subparagraph 1. shall preclude

31


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  1  the applicant from applying for sites identified by the

  2  applicant.

  3         3.  The department shall provide assistance in

  4  developing technologies applicable to aquaculture activities,

  5  evaluate practicable production alternatives, and provide

  6  agreements to develop innovative culture practices.

  7         (l)  Act as a clearinghouse for aquaculture

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

  9  Wildlife Conservation Commission, the Division of State Lands,

10  the Department of Environmental Protection district offices,

11  other divisions within the Department of Environmental

12  Protection, and the water management districts. The Department

13  of Agriculture and Consumer Services shall be responsible for

14  regulating marine aquaculture producers, except as

15  specifically provided herein.

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

17  370.26, Florida Statutes, are repealed.

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

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

20  Statutes, are amended to read:

21         597.004  Aquaculture certificate of registration.--

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

23  shellfish aquaculture must be certified by the department.

24  The applicant for a certificate of registration shall submit

25  the following to the department:

26         (a)  Applicant's name/title.

27         (b)  Company name.

28         (c)  Complete mailing address.

29         (d)  Legal property description of all aquaculture

30  facilities.

31


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  1         (e)  Actual physical street address for each

  2  aquaculture facility.

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

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

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

  6         (2)  NONSHELLFISH CERTIFICATION.--

  7         (a)  Any person engaging in nonshellfish aquaculture,

  8  except as otherwise provided in this section, must be

  9  certified by the department.  The applicant for a certificate

10  of registration for nonshellfish products shall submit the

11  following to the department:

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

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

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

15  below.

16         (2)  RULES.--

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

18  Department of Environmental Protection, the water management

19  districts, environmental groups, and representatives from the

20  affected farming groups, shall adopt rules to:

21         1.  Specify the requirement of best-management

22  practices to be implemented by holders of aquaculture

23  certificates of registration.

24         2.  Establish procedures for holders of aquaculture

25  certificates of registration to submit the notice of intent to

26  comply with best-management practices.

27         3.  Establish schedules for implementation of

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

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

30  measures may include the continuation of regulatory

31  requirements in effect on June 30, 1998.


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  1         4.  Establish a system to assure the implementation of

  2  best-management practices, including recordkeeping

  3  requirements.

  4         (b)  Rules adopted pursuant to this subsection shall

  5  become effective pursuant to the applicable provisions of

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

  7  Senate and the Speaker of the House of Representatives for

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

  9  appropriate committees of substance and scheduled for review

10  during the first available regular session following adoption.

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

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

13  the Legislature.

14         (c)  Notwithstanding any provision of law, the

15  Department of Environmental Protection is not authorized to

16  institute proceedings against any person certified under this

17  section to recover any costs or damages associated with

18  contamination of groundwater or surface water, or the

19  evaluation, assessment, or remediation of contamination of

20  groundwater or surface water, including sampling, analysis,

21  and restoration of potable water supplies, where the

22  contamination of groundwater or surface water is determined to

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

24  an aquaculture certificate of registration:

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

26  implement applicable best-management practices adopted by the

27  department;

28         2.  Implements applicable best-management practices as

29  soon as practicable according to rules adopted by the

30  department; and

31


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  1         3.  Implements practicable interim measures identified

  2  and adopted by the department which can be implemented

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

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

  5  groundwater and surface water standards if the holder of an

  6  aquaculture certificate of registration implements

  7  best-management practices that have been verified by the

  8  Department of Environmental Protection to be effective at

  9  representative sites and complies with the following:

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

11  implement applicable best-management practices adopted by the

12  department;

13         2.  Implements applicable best-management practices as

14  soon as practicable according to rules adopted by the

15  department; and

16         3.  Implements practicable interim measures identified

17  and adopted by the department which can be implemented

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

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

20  1999, to the President of the Senate and the Speaker of the

21  House of Representatives, a progress report concerning the

22  development, implementation, and effectiveness of

23  best-management practices to prevent contamination of

24  groundwater and surface water.

25         (f)  This section does not limit federally delegated

26  regulatory authority.

27         (g)  Any aquatic plant producer permitted by the

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

29  requirements of this section subsection.

30         (h)  Any alligator producer with an alligator farming

31  license and permit to establish and operate an alligator farm


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  1  shall be issued an aquaculture certificate of registration

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

  3  does not supersede the authority under chapter 372, chapter

  4  373, or chapter 403 to regulate alligator farms and alligator

  5  farmers.

  6         (4)  IDENTIFICATION OF AQUACULTURE

  7  PRODUCTS.--Aquaculture products shall be identified while

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

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

10  Wildlife Conservation Commission as they relate to alligators

11  only.

12         (a)  Aquaculture products shall be identified by an

13  aquaculture certificate of registration number from harvest to

14  point of sale.  Any person who possesses aquaculture products

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

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

17         (b)  Marine aquaculture products shall be transported

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

19  shall be identified by tags or labels that are securely

20  attached and clearly displayed.

21         (c)  Each aquaculture registrant who sells food

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

23  such products containerized and clearly labeled in accordance

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

25  address, and aquaculture certification number.  This

26  requirement is designed to segregate the identity of wild and

27  aquaculture products.

28         (5)  SALE OF AQUACULTURE PRODUCTS.--

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

30  accordance with s. 597.020 shellfish handling regulations of

31


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  1  the Department of Environmental Protection established to

  2  protect public health.

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

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

  5  that section, to read:

  6         597.0041  Prohibited acts; penalties.--

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

  8  chapter or any rule promulgated hereunder is subject to a

  9  suspension or revocation of his or her certificate of

10  registration or license under this chapter.  The department

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

12  revocation, impose on the violator an administrative fine in

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

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

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

16  commits a misdemeanor of the first degree, punishable as

17  provided in s. 775.082 or s. 775.083.

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

19  597.010 or s. 597.020, or any rule adopted under those

20  sections, commits a misdemeanor of the second degree,

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

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

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

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

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

26  597.005, Florida Statutes, is amended to read:

27         597.005  Aquaculture Review Council.--

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

29  the Aquaculture Review Council are to:

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

31


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  1         1.  A prioritized list of research projects to be

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

  3  year, the council shall review the aquaculture legislative

  4  budget requests submitted to the department and rank them

  5  according to the state aquaculture plan.

  6         2.  Recommendations to be forwarded to the Speaker of

  7  the House of Representatives and the President of the Senate

  8  on legislation needed to help the aquaculture industry.

  9         3.  Recommendations on aquaculture projects,

10  activities, research, and regulation and other needs to

11  further the development of the aquaculture industry.

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

13  Statutes, is amended to read:

14         597.006  Aquaculture Interagency Coordinating

15  Council.--

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

17  there is a need for interagency coordination with regard to

18  aquaculture by the following agencies: the Department of

19  Agriculture and Consumer Services, the Office of Tourism,

20  Trade, and Economic Development Department of Commerce, the

21  Department of Community Affairs, the Department of

22  Environmental Protection, the Department of Labor and

23  Employment Security, the Fish and Wildlife Conservation

24  Commission, the statewide consortium of universities under the

25  Florida Institute of Oceanography, Florida Agricultural and

26  Mechanical University, the Institute of Food and Agricultural

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

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

29  therefore the intent of the Legislature to hereby create an

30  Aquaculture Interagency Coordinating Council to act as an

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


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  1         Section 30.  Section 597.010, Florida Statutes, is

  2  created to read:

  3         597.010  Shellfish regulation; leases.--

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

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

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

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

  8  or she shall present to the department a written application

  9  pursuant to s. 253.69.

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

11  compact as possible, taking into consideration the shape of

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

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

14  render the bottoms desirable or undesirable for the purpose of

15  oyster or clam cultivation.

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

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

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

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

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

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

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

23  when it deems such surveys necessary and where such surveys

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

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

26  of his or her application.

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

28  BOUNDARIES; PENALTY FOR FAILURE TO COMPLY WITH

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

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

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


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

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

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

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

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

  6  which shall be kept exclusively for that purpose by the

  7  department; thereafter the lessees shall enjoy the exclusive

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

  9  grown or placed thereon shall be the exclusive property of

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

11  provisions of this chapter and chapter 253.  The department

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

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

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

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

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

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

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

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

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

21  department may stipulate in each individual lease contract the

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

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

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

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

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

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

28  offense.

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

30         (a)  All leases issued previously under the provisions

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


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

  2  shall continue in perpetuity under such restrictions as stated

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

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

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

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

  7  5-year average change in the Consumer Price Index. Rent shall

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

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

10  the lease.

11         (b)  All fees collected under this subsection and

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

13  Trust Fund and shall be used for shellfish aquaculture

14  activities.

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

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

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

18  discretion, to terminate and cancel the lease after the

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

20  nonpayment. If after receiving the notice the lessee chooses

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

22  $50 late fee within the 30-day period. After the 30-day notice

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

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

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

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

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

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

29  deposited into the General Inspection Trust Fund. The purpose

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

31  resources immediately available for improvement of lease areas


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  1  and for cleanup and rehabilitation of abandoned or vacated

  2  lease sites.  The department is authorized to adopt rules

  3  necessary to carry out the provisions of this subsection.

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

  5  for cleanup and rehabilitation of abandoned or vacated lease

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

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

  8  by statute. Interest received on such investment shall be

  9  credited to the fund.

10         (b)  Funds within the General Inspection Trust Fund

11  from receipts from the surcharge established in this section

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

13         1.  Administrative expenses, personnel expenses, and

14  equipment costs of the department related to the improvement

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

16  vacated aquaculture lease sites, and the enforcement of

17  provisions of this section.

18         2.  All costs involved in the improvement of lease

19  areas and the cleanup and rehabilitation of abandoned or

20  vacated lease sites.

21         3.  All costs and damages which are the proximate

22  results of lease abandonment or vacation.

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

24

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

26  person or persons abandoning or vacating the lease, jointly

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

28         (8)  CULTIVATION REQUIREMENTS.--

29         (a)  Effective cultivation shall consist of the growing

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

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


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  1  commercial density shall be accomplished by the planting of

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

  3  department may stipulate in each individual lease contract the

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

  5  lease bottoms according to the individual shape, depth,

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

  7  lessee leasing lands under the provisions of this section or

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

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

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

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

12  area and shall each year thereafter place in cultivation at

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

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

15  cultivation. The cultivation requirements for perpetuity

16  leases granted pursuant to chapter 370 prior to 1985 under

17  previously existing law shall comply with the conditions

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

19  authorized to plant the leased or granted submerged land in

20  both oysters and clams.

21         (b)  These stipulations apply to all leases granted

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

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

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

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

26  such evidence conclusively shows a lack of effective

27  cultivation, the department may revoke leases and return the

28  bottoms in question to the public domain.

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

30  pertaining to the water column over shellfish leases. All

31  cultch materials in place 6 months after the formal adoption


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    CS for CS for CS for SB 806                    First Engrossed



  1  and publication of rules establishing standards for cultch

  2  materials on shellfish leases that do not comply with such

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

  4  department has the authority to direct the lessee to remove

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

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

  7  rules to remove unlawful cultch materials, and all

  8  improvements, cultch, marketable oysters, and shell shall

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

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

11  the best interest of the state.

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

13  253 and 370 shall be inheritable and transferable, in whole or

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

15  hypothecation and shall be subject to seizure and sale for

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

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

18  betterments, and improvements thereon. Leases granted under

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

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

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

22  before department approval may be given. Leases inherited or

23  transferred will be valid only upon receipt of the transfer

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

25  proper indexes so that all original leases and all subsequent

26  changes and transfers can be easily and accurately

27  ascertained.

28         (10)  CANCELLATION OF LEASES TO NATURAL REEFS OR

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

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

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


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

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

  3  sufficient natural or maternal oysters or clams thereon (not

  4  including coon oysters) to have constituted a stratum

  5  sufficient to have been resorted to by the public generally

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

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

  8  department, verified under oath, stating the location and

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

10  interest of the petitioner therein and requesting the

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

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

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

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

15  the department shall cause an investigation to be made into

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

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

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

19  allegations of the petition be found true and the leased

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

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

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

23  investigation taxed against the lessee and the lease canceled

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

25  marked with buoys and stakes and notices placed thereon

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

27  markers and notices to be taxed against the lessee.

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

29  LEASE.--

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

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


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

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

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

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

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

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

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

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

  9  included in any shellfish or aquaculture lease granted in

10  Franklin County.

11         (b)  The department shall determine and settle all

12  disputes as to boundaries between lessees. The department

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

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

15  suitable for raising oysters or clams.

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

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

18  Franklin County shall be those issued pursuant to ss.

19  253.67-253.75; chapter 370 leases shall no longer be

20  available. The department shall require in the lease agreement

21  such restrictions as it deems necessary to protect the

22  environment, the existing leaseholders, and public fishery.

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

24  AREAS.--

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

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

27  chapter, or grantee under the provisions of heretofore

28  existing laws, or riparian owner who may have heretofore

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

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

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


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

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

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

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

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

  6  who willfully injures, destroys, or removes any other

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

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

  9  designations placed by the department, commits a violation of

10  this section.

11         (b)  Harvesting shellfish is prohibited within a

12  distance of 25 feet outside lawfully marked lease boundaries

13  or within setback and access corridors within specifically

14  designated high-density aquaculture lease areas and

15  aquaculture use zones.

16         (14)  SHELLFISH DEVELOPMENT.--

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

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

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

20  will permit.

21         (b)  The Fish and Wildlife Conservation Commission

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

23  aquaculture products produced on leased or granted reefs and

24  beds.

25         (c)  The department, in cooperation with the

26  commission, shall provide the Legislature with recommendations

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

28  rights of the state and private holders therein with respect

29  to the oyster and clam business.

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

31  authorized to issue special activity licenses, in accordance


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

  2  oysters, clams, mussels, and crabs.

  3         (16)  STAKING OFF WATER BOTTOMS OR BEDDING OYSTERS

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

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

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

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

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

  9  provision does not apply to grants heretofore made under the

10  provisions of any heretofore existing laws or to artificial

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

12  grantees on the owner's riparian bottoms.

13         (17)  SHELLFISH HARVESTING SEASONS; SPECIAL PROVISIONS

14  RELATING TO APALACHICOLA BAY.--

15         (a)  The Fish and Wildlife Conservation Commission

16  shall by rule set the noncultured shellfish harvesting seasons

17  in Apalachicola Bay.

18         (b)  If the commission changes the harvesting seasons

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

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

21  department, shall monitor the impacts of the new harvesting

22  schedule on the bay and on local shellfish harvesters to

23  determine whether the new harvesting schedule should be

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

25  schedule and in preparing its report, the following

26  information shall be considered:

27         1.  Whether the bay benefits ecologically from the new

28  harvesting schedule.

29         2.  Whether the new harvesting schedule enhances the

30  enforcement of shellfish harvesting laws in the bay.

31


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  1         3.  Whether the new harvesting schedule enhances

  2  natural shellfish production, oyster relay and planting

  3  programs, and shell planting programs in the bay.

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

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

  6  harvesters.

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

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

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

10  implement other than hand tongs in removing oysters from the

11  natural or artificial state reefs or beds. This restriction

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

13  harvesting, excluding private grounds leased or granted by the

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

15  specifically authorizes the use of implements other than hand

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

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

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

19  special activity license may be issued by the Fish and

20  Wildlife Conservation Commission pursuant to subsection (15)

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

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

23  dredge or other mechanical means from privately held shellfish

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

25  limited to, the following conditions:

26         1.  The use of any mechanical harvesting device other

27  than ordinary hand tongs for taking shellfish for any purpose

28  from public shellfish beds in Apalachicola Bay shall be

29  unlawful.

30

31


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  1         2.  The possession of any mechanical harvesting device

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

  3  shall be unlawful.

  4         3.  Leaseholders or grantees shall notify the

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

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

  7  Fish and Wildlife Conservation Commission that a mechanical

  8  harvesting device will be deployed.

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

10  be possessed or operated at any time.

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

12  a dredge or scrape shall prominently display the lease or

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

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

15  or grant number or numbers are readily identifiable from both

16  the air and the water.

17

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

19  rules, or conditions referenced in the lease agreement shall

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

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

22  mechanical harvesting device.

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

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

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

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

27  all shellfish.

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

29         (a)  The department shall designate areas for the

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

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


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

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

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

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

  5  or transplanted to, and relaying or transplanting time periods

  6  shall be established in each case by the department.

  7         (b)  Application for a special activity license issued

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

  9  mussels for relaying from closed public shellfish harvesting

10  areas to open areas or certified controlled purification

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

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

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

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

15  taken.  All relaying and transplanting operations shall take

16  place under the direction of the department.

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

18  subsequently harvested for any reason without written

19  permission or public notice from the department.

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

21  county commissioners of the several counties may appropriate

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

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

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

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

26  out of any sum in the county treasury not otherwise

27  appropriated.

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

29  of dead shell deposits is prohibited in the state.

30         (22)  COOPERATION WITH UNITED STATES FISH AND WILDLIFE

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


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

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

  3  grants, and matching funds from the Federal Government in

  4  order to carry out its oyster resource and development

  5  responsibilities.  The department is further authorized to

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

  7  oyster shells.

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

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

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

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

12  the department when such shells are needed and required for

13  rehabilitation projects and planting operations, in

14  cooperation with the Fish and Wildlife Conservation

15  Commission, when sufficient resources and facilities exist for

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

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

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

19  of such shell as they produce for aquacultural purposes.

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

21  lessees and grantees shall be carried out under the conditions

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

23  department and shall be subject to such reasonable time limits

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

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

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

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

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

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

30  gather and stockpile the shells. Planting of shells obtained

31  from the department by purchase shall be subject to the


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

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

  3  and used by private oyster cultivators 10 years after shells

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

  5  highest bidder for any private use.

  6         (b)  Whenever the department determines that it is

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

  8  the property of the producer.

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

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

11  rehabilitation projects, and when no leaseholder has exercised

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

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

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

15  discretion of the purchaser.

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

17  deposited in the General Inspection Trust Fund for shellfish

18  programs.

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

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

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

22  establishment from which shells are to be collected.  The

23  notice shall contain the period of time the department intends

24  to collect the shells in that county and the collection

25  purpose.

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

27  with the Fish and Wildlife Conservation Commission and the

28  Department of Environmental Protection, shall protect all clam

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

30  damage or destruction resulting from improper cultivation,

31  propagation, planting, or harvesting and control the pollution


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

  2  to this end the Department of Health is authorized and

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

  4  available its laboratory testing facilities and apparatus.

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

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

  7  transporting of oysters or clams for commercial purposes shall

  8  be constructed and maintained to prevent contamination or

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

10  shall be provided with false bottoms and bulkheads fore and

11  aft to prevent onboard shellfish from coming in contact with

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

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

14  violation of any provision of this subsection shall result in

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

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

17  gathering, or transporting of oysters or clams for commercial

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

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

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

21  5-gallon bucket of unshucked hard clams per person or more

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

23         Section 31.  Section 370.071, Florida Statutes, is

24  transferred, renumbered as section 597.020, Florida Statutes,

25  and amended to read:

26         597.020 370.071  Shellfish processors; regulation.--

27         (1)  The department of Agriculture and Consumer

28  Services, hereinafter referred to as department, is authorized

29  to adopt by rule regulations, specifications, and codes

30  relating to sanitary practices for catching, cultivating,

31  handling, processing, packaging, preserving, canning, smoking,


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

  2  The department is also authorized to license shellfish

  3  processors who handle aquaculture facilities used to culture

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

  5  activities relate to quality control, sanitary, and public

  6  health practices pursuant to this section and chapter 500 and

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

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

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

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

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

12  satisfactory evidence of any violation of rules adopted

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

14  adulterated or misbranded shellfish products as defined by

15  rule.

16         (2)  A shellfish processing plant certification license

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

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

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

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

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

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

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

24  processing or shedding plant.

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

26  processing plant certification license upon satisfactory

27  evidence that the licensee has violated any regulation,

28  specification, or code adopted under this section and may

29  seize and destroy any shellfish product which is defined by

30  rule to be an adulterated or misbranded shellfish product.

31


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

  2  Florida Statutes, is amended to read:

  3         190.003  Definitions.--As used in this chapter, the

  4  term:

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

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

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

  8  include a reversioner, remainderman, mortgagee, or any

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

10  notified of proceedings under this act. Landowner shall also

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

12  which leasehold interest has a remaining term, excluding all

13  renewal options, in excess of 50 years.

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

15  190.005, Florida Statutes, is amended to read:

16         190.005  Establishment of district.--

17         (1)  The exclusive and uniform method for the

18  establishment of a community development district with a size

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

20  under chapter 120 by the Florida Land and Water Adjudicatory

21  Commission, granting a petition for the establishment of a

22  community development district.

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

24  development district shall be filed by the petitioner with the

25  Florida Land and Water Adjudicatory Commission.  The petition

26  shall contain:

27         1.  A metes and bounds description of the external

28  boundaries of the district. Any real property within the

29  external boundaries of the district which is to be excluded

30  from the district shall be specifically described, and the

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


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

  2  proposed district on any real property within the external

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

  4  district.

  5         2.  The written consent to the establishment of the

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

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

  8  or documentation demonstrating that the petitioner has control

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

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

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

12  governmental entity and subject to a ground lease as described

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

14  entity.

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

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

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

18  190.006.

19         4.  The proposed name of the district.

20         5.  A map of the proposed district showing current

21  major trunk water mains and sewer interceptors and outfalls if

22  in existence.

23         6.  Based upon available data, the proposed timetable

24  for construction of the district services and the estimated

25  cost of constructing the proposed services. These estimates

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

27  may be subject to change.

28         7.  A designation of the future general distribution,

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

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

31  use plan element of the effective local government


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  1  comprehensive plan of which all mandatory elements have been

  2  adopted by the applicable general-purpose local government in

  3  compliance with the Local Government Comprehensive Planning

  4  and Land Development Regulation Act.

  5         8.  A statement of estimated regulatory costs in

  6  accordance with the requirements of s. 120.541.

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

  8  190.021, Florida Statutes, to read:

  9         190.021  Taxes; non-ad valorem assessments.--

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

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

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

13  197 or otherwise, by a board of a district on property of a

14  governmental entity that is subject to a ground lease as

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

16  encumbrance on the underlying fee interest of such

17  governmental entity.

18         Section 35.  Subsection (1) of section 190.012, Florida

19  Statutes, is amended to read:

20         190.012  Special powers; public improvements and

21  community facilities.--The district shall have, and the board

22  may exercise, subject to the regulatory jurisdiction and

23  permitting authority of all applicable governmental bodies,

24  agencies, and special districts having authority with respect

25  to any area included therein, any or all of the following

26  special powers relating to public improvements and community

27  facilities authorized by this act:

28         (1)  To finance, fund, plan, establish, acquire,

29  construct or reconstruct, enlarge or extend, equip, operate,

30  and maintain systems, facilities, and basic infrastructures

31  for the following:


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  1         (a)  Water management and control for the lands within

  2  the district and to connect some or any of such facilities

  3  with roads and bridges.

  4         (b)  Water supply, sewer, and wastewater management,

  5  reclamation, and reuse or any combination thereof, and to

  6  construct and operate connecting intercepting or outlet sewers

  7  and sewer mains and pipes and water mains, conduits, or

  8  pipelines in, along, and under any street, alley, highway, or

  9  other public place or ways, and to dispose of any effluent,

10  residue, or other byproducts of such system or sewer system.

11         (c)  Bridges or culverts that may be needed across any

12  drain, ditch, canal, floodway, holding basin, excavation,

13  public highway, tract, grade, fill, or cut and roadways over

14  levees and embankments, and to construct any and all of such

15  works and improvements across, through, or over any public

16  right-of-way, highway, grade, fill, or cut.

17         (d)1.  District roads equal to or exceeding the

18  specifications of the county in which such district roads are

19  located, and street lights.

20         2.  Buses, trolleys, transit shelters, ridesharing

21  facilities and services, parking improvements, and related

22  signage.

23         (e)  Investigation and remediation costs associated

24  with the cleanup of actual or perceived environmental

25  contamination within the district under the supervision or

26  direction of a competent governmental authority unless the

27  covered costs benefit any person who is a landowner within the

28  district and who caused or contributed to the contamination.

29         (f)(e)  Conservation areas, mitigation areas, and

30  wildlife habitat, including the maintenance of any plant or

31


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  1  animal species, and any related interest in real or personal

  2  property.

  3         (g)(f)  Any other project within or without the

  4  boundaries of a district when a local government issued a

  5  development order pursuant to s. 380.06 or s. 380.061

  6  approving or expressly requiring the construction or funding

  7  of the project by the district, or when the project is the

  8  subject of an agreement between the district and a

  9  governmental entity and is consistent with the local

10  government comprehensive plan of the local government within

11  which the project is to be located.

12         Section 36.  Notwithstanding any other law, the

13  Legislature intends that this act represent its full and total

14  intent with respect to legislation dealing with the same

15  subject matter as this act at the same legislative session.

16         Section 37.  This act shall take effect July 1, 2000.

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