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.
31
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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
                                  17
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  18
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  19
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  20
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  21
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  22
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  23
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  24
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    CS for CS for CS for SB 806                    First Engrossed
  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),:
                                  25
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    CS for CS for CS for SB 806                    First Engrossed
  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:
                                  26
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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  28
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  29
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  30
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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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.
                                  32
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  33
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  34
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  35
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  36
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    CS for CS for CS for SB 806                    First Engrossed
  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).
                                  37
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  38
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  39
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  40
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  41
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  42
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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
                                  43
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  44
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  45
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  46
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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  47
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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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
                                  49
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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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    CS for CS for CS for SB 806                    First Engrossed
  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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