Senate Bill 0806er

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  1

  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. 370.13, F.S.;

  7         providing for a depredation endorsement on a

  8         saltwater products license; amending s. 370.16,

  9         F.S.; revising regulation of noncultured

10         shellfish harvesting; providing for protection

11         of shellfish and aquaculture products;

12         repealing s. 370.16(1), (2), (3), (4), (5),

13         (6), (7), (8), (9), (10), (11), (13), (16),

14         (17), (19), (22), (24), (25), (26), and (27),

15         F.S., relating to regulation and enforcement of

16         oyster and shellfish leases by the Department

17         of Environmental Protection, protection and

18         development of oyster and shellfish resources,

19         and regulation of processing for commercial

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

21         conforming cross-references; amending s.

22         372.6673, F.S.; requiring collection of a

23         marketing assessment fee for alligator products

24         marketing and education; amending s. 372.6674,

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

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

27         revising regulatory responsibility under pt. IV

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

29         amending ss. 403.814, 409.2598, and 500.03,

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

31         570.18 and 570.29, F.S.; conforming provisions


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  1         relating to organization of the Department of

  2         Agriculture and Consumer Services; creating s.

  3         570.61, F.S.; providing powers and duties of

  4         the Division of Aquaculture of the Department

  5         of Agriculture and Consumer Services; creating

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

  7         duties of a division director; repealing s.

  8         370.26(3)-(5), F.S., and amending s. 597.003,

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

10         aquaculture contracts to be set aside for

11         funding certain aquaculture projects; amending

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

13         responsibilities relating to aquaculture

14         development from the Department of

15         Environmental Protection to the Department of

16         Agriculture and Consumer Services; amending s.

17         597.004, F.S.; revising provisions relating to

18         aquaculture certificates of registration;

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

20         administrative fine; providing penalties;

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

22         aquaculture legislative budget requests by the

23         Aquaculture Review Council; amending s.

24         597.006, F.S.; revising membership of the

25         Aquaculture Interagency Coordinating Council;

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

27         regulation and enforcement of shellfish leases

28         by the Department of Agriculture and Consumer

29         Services; providing for continuation of leases

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

31         providing for rental fees, fee adjustments,


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  1         late fees, and forfeiture for nonpayment of

  2         fees; providing a lease surcharge for certain

  3         purposes; providing for rules; providing

  4         cultivation requirements for leased lands;

  5         restricting the inheriting or transfer of

  6         leases; requiring a deposit for investigations

  7         relating to petitions for cancellation of

  8         leases to natural reefs; providing for

  9         inclusion of natural reefs in leased areas

10         under certain circumstances; restricting leases

11         available in Franklin County; providing

12         prohibitions; providing for shellfish

13         protection and development; providing for

14         special activity licenses for harvest or

15         cultivation of oysters, clams, mussels, and

16         crabs; providing for uncultured shellfish

17         harvesting seasons in Apalachicola Bay;

18         restricting harvest of shellfish by mechanical

19         means; providing a penalty; providing for

20         enhancement of oyster and clam industries by

21         the counties; prohibiting dredging of dead

22         shells; providing for cooperation with the

23         United States Fish and Wildlife Service;

24         providing requirements for vessels harvesting,

25         gathering, or transporting oysters or clams for

26         commercial purposes; providing a definition;

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

28         providing that regulation of shellfish

29         processors includes processors processing

30         scallops; providing for a fee for licensure or

31         certification of processing facilities;


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  1         authorizing an administrative fine for

  2         violation of rules relating to regulation of

  3         shellfish processors; amending s. 190.003,

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

  5         lease from a governmental entity within the

  6         definition of a "landowner"; amending s.

  7         190.005, F.S.; providing that the establishment

  8         of a community development district must

  9         contain the consent of all landowners whose

10         lands are to be included in the district;

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

12         certain ad valorem taxes and non-ad valorem

13         assessments on property of a governmental

14         entity are not a lien on the entity's

15         underlying fee interest; amending s. 370.021,

16         F.S.; providing penalties for illegal buying

17         and selling of marine products; revising

18         violations and penalties; amending s. 370.06,

19         F.S.; authorizing the Fish and Wildlife

20         Conservation Commission to accept credit cards

21         for specified charges; requiring the denial of

22         license renewal or issuance to those having

23         unpaid fees, assessments, or fines; amending s.

24         370.13, F.S.; providing for fees and equitable

25         rent related to stone crabs; prohibiting the

26         acquisition of vested rights; providing

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

28         penalties for theft from a blue crab trap;

29         amending s. 370.14, F.S.; conforming a

30         statutory cross-reference; amending s. 370.142,

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


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  1         Internal Improvement Trust Fund to approve a

  2         rule establishing equitable rent in the

  3         crawfish fishing if the rule is developed;

  4         waiving certificate transfer fees and

  5         surcharges when the transfer is within the

  6         immediate family due to death or disability;

  7         providing a penalty for theft from a crawfish

  8         trap; providing penalties; conforming

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

10         waiving a trap retrieval fee for specified

11         licenseholders; requiring the payment of fees

12         before license and endorsement renewal; waiving

13         trap retrieval fees if the Governor declares a

14         disaster emergency area; amending s. 370.15,

15         F.S.; eliminating a requirement for

16         noncommercial net registration; amending s.

17         370.153, F.S.; providing that noncommercial

18         trawling must be authorized by the Fish and

19         Wildlife Conservation Commission; amending s.

20         370.25, F.S.; providing that the artificial

21         reef program is created within the Fish and

22         Wildlife Conservation Commission; eliminating

23         criteria for allocation of funds; limiting

24         funding to specified corporations; providing

25         requirements for the storage, possession, and

26         transport of artificial reef materials;

27         revising permit requirements; providing a

28         felony penalty; providing appropriations;

29         amending s. 190.012, F.S.; authorizing

30         community development districts to fund certain

31         environmental costs under certain


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  1         circumstances; declaring legislative intent;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Section 253.002, Florida Statutes, is

  7  amended to read:

  8         253.002  Department of Environmental Protection, and

  9  water management districts, and Department of Agriculture and

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

11         (1)  The Department of Environmental Protection shall

12  perform all staff duties and functions related to the

13  acquisition, administration, and disposition of state lands,

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

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

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

17  water management district created under s. 373.069 shall

18  perform the staff duties and functions related to the review

19  of any application for authorization to use board of

20  trustees-owned submerged lands necessary for an activity

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

22  management district has permitting responsibility as set forth

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

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

25  Consumer Services shall perform the staff duties and functions

26  related to the review of applications and compliance with

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

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

29  597.010. Unless expressly prohibited by law, the board of

30  trustees may delegate to the department any statutory duty or

31  obligation relating to the acquisition, administration, or


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

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

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

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

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

  6  board of trustees-owned submerged lands for any activity

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

  8  management district has permitting responsibility as set forth

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

10  This water management district responsibility under this

11  subsection shall be subject to the department's general

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

13  trustees may also delegate to the Department of Agriculture

14  and Consumer Services the authority to take final agency

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

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

17  department has responsibility pursuant to ss. 253.67-253.75

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

19  the authority to take final agency action on establishing any

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

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

22  Upon issuance of an aquaculture lease or other real property

23  transaction relating to aquaculture, the Department of

24  Agriculture and Consumer Services must send a copy of the

25  document and the accompanying survey to the Department of

26  Environmental Protection.

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

28  management district, or the Department of Agriculture and

29  Consumer Services of authority to take final agency action on

30  applications for authorization to use submerged lands owned by

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


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

  2  pursuant to this subsection become effective, existing

  3  delegations by the board of trustees shall remain in full

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

  5  limited or prohibited from amending these delegations. By

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

  7  any delegations of its authority to take final agency action

  8  without action by the board of trustees on applications for

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

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

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

12  district, or the Department of Agriculture and Consumer

13  Services on applications to use board of trustees-owned

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

15  373.4275. Notwithstanding any other provision of this

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

17  Affairs, and the department retain the concurrent authority to

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

19  of trustees.

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

21  253.01, Florida Statutes, is amended to read:

22         253.01  Internal Improvement Trust Fund established.--

23         (1)

24         (b)  All revenues received from application fees

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

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

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

28  charged by the Department of Agriculture and Consumer Services

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

30  must be deposited into the Internal Improvement Trust Fund.

31  The fees charged by the division for reproduction of records


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

  2  Revenues received by the Department of Agriculture and

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

  4  and 597.010 shall be deposited in the General Inspection Trust

  5  Fund of the Department of Agriculture and Consumer Services.

  6         Section 3.  Section 253.67, Florida Statutes, is

  7  amended to read:

  8         253.67  Definitions.--As used in ss. 253.67-253.75:

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

10  organisms.

11         (2)(4)  "Board" means the Board of Trustees of the

12  Internal Improvement Trust Fund.

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

14  and Consumer Services Environmental Protection.

15         (4)(2)  "Water column" means the vertical extent of

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

17  of submerged bottom land.

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

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

20  amended to read:

21         253.71  The lease contract.--When the board has

22  determined that the proposed lease is not incompatible with

23  the public interest and that the applicant has demonstrated

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

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

26  contract having the following features in addition to others

27  deemed desirable by the board:

28         (2)  RENTAL FEES.--

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

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

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


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

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

  3  annum shall be levied upon each lease according to the

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

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

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

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

  8  to perform effective cultivation shall constitute ground for

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

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

11  the leased land and water column.  Effective cultivation shall

12  consist of the grow out of the aquaculture product according

13  to the business plan provided in the lease contract guidelines

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

15         Section 5.  Section 253.72, Florida Statutes, is

16  amended to read:

17         253.72  Marking of leased areas; restrictions on public

18  use.--

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

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

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

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

23  to interfere unnecessarily with navigation and other

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

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

26  signs appropriately placed pursuant to regulations of the

27  board.

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

29  effective development of the species of animal or plant life

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

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


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  1  leased area for traditional water activities such as boating,

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

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

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

  5  pursuant to rules regulations by the board. Any person

  6  willfully violating posted restrictions commits shall be

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

  8  provided in s. 775.082 or s. 775.083.

  9         (3)  To assist in protecting shellfish aquaculture

10  products produced on leases authorized pursuant to this

11  chapter and chapter 597 370, harvesting shellfish is

12  prohibited within a distance of 25 feet outside lawfully

13  marked lease boundaries or within setback and access corridors

14  within specifically designated high-density aquaculture lease

15  areas and aquaculture use zones.

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

17  Statutes, is amended to read:

18         253.75  Studies and recommendations by the department

19  and the Fish and Wildlife Conservation Commission; designation

20  of recommended traditional and other use zones; supervision of

21  aquaculture operations.--

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

23  the board shall request comments a recommendation by the

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

25  by the Fish and Wildlife Conservation Commission, when the

26  application relates to bottom land covered by fresh or salt

27  water. Such comments recommendations shall be based on such

28  factors as an assessment of the probable effect of the

29  proposed lease leasing arrangement on the lawful rights of

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

31  the conservation of fish or other wildlife or other programs


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  1  under the constitutional or statutory authority of the Fish

  2  and Wildlife Conservation Commission natural resources,

  3  including beaches and shores.

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

  5  Statutes, is amended to read:

  6         270.22  Proceeds of state lands to go into Internal

  7  Improvement Trust Fund; exception.--

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

  9  253.71(2) shall be deposited into the General Inspection Trust

10  Fund of the Department of Agriculture and Consumer Services

11  Marine Resources Conservation Trust Fund of the Department of

12  Environmental Protection.  Such fees generated by

13  shellfish-related aquaculture leases shall be used for

14  shellfish-related aquaculture activities, including research,

15  lease compliance inspections, mapping, and siting.

16         Section 8.  Section 328.76, Florida Statutes, is

17  amended to read:

18         328.76  Marine Resources Conservation Trust Fund;

19  vessel registration funds; appropriation and distribution.--

20         (1)  Except as otherwise specified and less any

21  administrative costs, all funds collected from the

22  registration of vessels through the Department of Highway

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

24  shall be deposited in the Marine Resources Conservation Trust

25  Fund for recreational channel marking; public launching

26  facilities; law enforcement and quality control programs;

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

28  rehabilitation, and release; and marine mammal protection and

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

30  be transferred as follows:

31


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

  2  each vessel registered in this state shall be transferred to

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

  4  research, protection, and recovery in accordance with the

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

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

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

  8  transferred to the Save the Manatee Trust Fund in accordance

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

10  facilities approved to rescue, rehabilitate, and release

11  manatees as authorized pursuant to the Fish and Wildlife

12  Service of the United States Department of the Interior.

13         (c)  Two dollars from each noncommercial vessel

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

15  transferred to the Invasive Plant Control Trust Fund for

16  aquatic weed research and control.

17         (d)  Forty percent of the registration fees from

18  commercial vessels shall be used for law enforcement and

19  quality control programs.

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

21  commercial vessels shall be transferred to the Invasive Plant

22  Control Trust Fund for aquatic plant research and control.

23         (e)  Forty percent of the registration fees from

24  commercial vessels shall be transferred by the Department of

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

26  General Inspection Trust Fund of the Department of Agriculture

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

28  and aquaculture law enforcement and quality control programs.

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

30  be deposited in the Marine Resources Conservation Trust Fund.

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


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  1  saltwater products license program. Additional proceeds from

  2  the licensing revenue shall be distributed among the following

  3  program functions:

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

  5  enforcement;

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

  7  the Florida Saltwater Products Promotion Trust Fund within the

  8  Department of Agriculture and Consumer Services, on a monthly

  9  basis, for the purpose of providing marketing and extension

10  services including industry information and education; and

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

12  Conservation Commission, for use in marine research and

13  statistics development, including quota management.

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

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

16  Statutes, are amended to read:

17         370.06  Licenses.--

18         (4)  SPECIAL ACTIVITY LICENSES.--

19         (c)  The Department of Agriculture and Consumer

20  Services is authorized to issue special activity licenses, in

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

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

23  activities relate to quality control, sanitation, public

24  health regulations, innovative technologies for aquaculture

25  activities, or the protection of shellfish resources provided

26  in this chapter.

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

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

29  oyster harvesting license shall, before receiving the license

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

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


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  1  Department of Environmental Protection's Apalachicola National

  2  Estuarine Research Reserve, the Division of Law Enforcement of

  3  the Fish and Wildlife Conservation Commission, and the

  4  Department of Agriculture and Consumer Services' Apalachicola

  5  District Shellfish Environmental Assessment Laboratory. The

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

  7  conservation of the Apalachicola Bay, sanitary care of

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

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

10  attending shall receive a certificate of participation to

11  present when obtaining an Apalachicola Bay oyster harvesting

12  license.  The educational seminar is not required for renewal

13  of an Apalachicola Bay oyster harvesting license.

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

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

16  370.07, Florida Statutes, are amended to read:

17         370.07  Wholesale and retail saltwater products

18  dealers; regulation.--

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

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

21  other funds derived from the Federal Government or from any

22  other source, shall be deposited in a Florida Saltwater

23  Products Promotion Trust Fund to be administered by the

24  Department of Agriculture and Consumer Services for the sole

25  purpose of promoting all fish and saltwater products produced

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

27  and retail saltwater products dealer's license fees collected

28  shall be deposited into the Marine Resources Conservation

29  Trust Fund administered by the Fish and Wildlife Conservation

30  Commission for the purpose of processing wholesale and retail

31  saltwater products dealer's licenses.


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  1         (3)  APALACHICOLA BAY OYSTER SURCHARGE.--

  2         (f)  The Department of Revenue shall collect the

  3  surcharge for transfer into the General Inspection Trust Fund

  4  of the Department of Agriculture and Consumer Services Marine

  5  Resources Conservation Trust Fund of the Department of

  6  Environmental Protection.

  7         (h)  Annually, the Department of Agriculture and

  8  Consumer Services and the Fish and Wildlife Conservation

  9  Commission Environmental Protection shall furnish the

10  Department of Revenue with a current list of wholesale dealers

11  in the state.

12         (i)  Collections received by the Department of Revenue

13  from the surcharge shall be transferred quarterly to the

14  General Inspection Trust Fund of the Department of Agriculture

15  and Consumer Services Department of Environmental Protection

16  Marine Resources Conservation Trust Fund, less the costs of

17  administration.

18         (k)  The Department of Agriculture and Consumer

19  Services Environmental Protection shall use or distribute

20  funds generated by this surcharge, less reasonable costs of

21  collection and administration, to fund the following oyster

22  management and restoration programs in Apalachicola Bay:

23         1.  The relaying and transplanting of live oysters.

24         2.  Shell planting to construct or rehabilitate oyster

25  bars.

26         3.  Education programs for licensed oyster harvesters

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

28  sanitation, resource conservation, small business management,

29  and other relevant subjects.

30

31


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  1         4.  Research directed toward the enhancement of oyster

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

  3  bay.

  4         Section 11.  Subsection (8) is added to section 370.13,

  5  Florida Statutes, to read:

  6         370.13  Stone crab; regulation.--

  7         (8)  The Fish and Wildlife Conservation Commission

  8  shall issue a depredation endorsement on the saltwater

  9  products license, which shall entitle the license holder to

10  possess and use up to 75 stone crab traps and up to 75 blue

11  crab traps, notwithstanding any other provisions of law, for

12  the incidental take of destructive or nuisance stone crabs or

13  blue crabs within one mile of aquaculture shellfish beds.  Any

14  marine aquaculture producer as defined by s. 370.26 F.S., who

15  raises shellfish may obtain a depredation endorsement by

16  providing an aquaculture registration certificate to the

17  Commission.  No stone crabs or blue crabs taken under this

18  provision may be sold or offered for sale.

19         Section 12.  Subsections (1) through (11), (13), (16),

20  (17), (19), (22), and (24) through (27) of section 370.16,

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

22  (15), (18), (20), (21), (23), and (28) of that section are

23  amended to read:

24         370.16  Noncultured shellfish harvesting Oysters and

25  shellfish; regulation.--

26         (1)(12)  PROTECTION OF OYSTER AND CLAM REEFS AND

27  SHELLFISH AQUACULTURE PRODUCTS.--

28         (a)  The Department of Environmental Protection shall

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

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

31  the means at its disposal will permit.


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

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

  3  aquaculture products produced on leased or granted reefs in

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

  5  shellfish is prohibited within a distance of 25 feet outside

  6  lawfully marked lease boundaries or within setback and access

  7  corridors within specifically designated high-density

  8  aquaculture lease areas and aquaculture use zones.

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

10  commission, shall provide the Legislature with recommendations

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

12  rights of the state and private holders therein with respect

13  to the oyster and clam business.

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

15  PROVISIONS RELATING TO APALACHICOLA BAY.--

16         (a)  The Fish and Wildlife Conservation Commission

17  shall by rule set the noncultured consider setting the

18  shellfish harvesting seasons in the Apalachicola Bay. as

19  follows:

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

21  of each year.

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

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

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

25  relaying and transplanting and shell planting.

26         (b)  If the commission changes the harvesting seasons

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

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

29  Department of Agriculture and Consumer Services, shall monitor

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

31  local shellfish harvesters to determine whether the new


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  1  harvesting schedule should be discontinued, retained, or

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

  3  report, the commission shall consider the following

  4  information shall be considered:

  5         1.  Whether the bay benefits ecologically from the new

  6  harvesting schedule being closed to shellfish harvesting from

  7  August 1 to September 30 of each year.

  8         2.  Whether the new harvesting schedule enhances the

  9  enforcement of shellfish harvesting laws in the bay.

10         3.  Whether the new harvesting schedule enhances

11  natural shellfish production, oyster relay and planting

12  programs, and shell planting programs in the bay.

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

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

15  harvesters.

16         (c)  The Fish and Wildlife Conservation Commission by

17  rule shall consider restricting harvesting on shellfish grants

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

19  beds.

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

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

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

23  implement other than hand tongs in removing oysters from the

24  natural or artificial state reefs. This restriction shall

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

26  harvesting, excluding private grounds leased or granted by the

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

28  specifically authorizes the use of implements other than hand

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

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

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


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  1  special activity license may be issued by the Fish and

  2  Wildlife Conservation Commission pursuant to s. 370.06 for

  3  such use to such person.

  4         (b)  Special activity licenses issued to harvest

  5  shellfish by dredge or other mechanical means from privately

  6  held shellfish leases or grants in Apalachicola Bay shall

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

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

  9  other than ordinary hand tongs for taking shellfish for any

10  purpose from public shellfish beds in Apalachicola Bay shall

11  be unlawful.

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

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

14  sunrise shall be unlawful.

15         3.  Leaseholders or grantees shall telephonically

16  notify the Fish and Wildlife Conservation Commission no less

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

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

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

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

21  be used without a commission officer present.

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

23  be possessed or operated at any time.

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

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

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

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

28  or grant number or numbers are readily identifiable from both

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

30  statutes, rules, or conditions necessary to protect the

31  environment and natural resources from improper transport,


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

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

  3  or conditions referenced in the special activity license shall

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

  5  revocation of the license and forfeiture of the bond submitted

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

  7  license.

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

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

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

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

12  apply to all shellfish.

13

14  The commission shall apply other statutes, rules, or

15  conditions necessary to protect the environment and natural

16  resources from improper transport, deployment, and operation

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

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

19  special activity license shall be considered a violation of

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

21  forfeiture of the bond submitted to the commission as a

22  prerequisite to the issuance of this license.

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

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

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

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

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

28  and shellfish purchased, caught, or handled during the

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

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

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


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

  2  imprisonment in the county jail not exceeding 6 months.

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

  4         (a)  The Fish and Wildlife Conservation Commission may

  5  establish and maintain necessary patrols of the salt waters of

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

  7  to capture any vessel or person violating the provisions of

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

  9  ports of entry at convenient locations where the severance or

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

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

12  necessary for the enforcement of such tax.

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

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

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

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

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

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

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

20  requested so to do by the commission or any conservation

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

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

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

24  during the preceding month. The commission may require

25  detailed returns whenever it deems them necessary.

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

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

28  violating the provisions of the laws relating to oysters and

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

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

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


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

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

  3  shall be liable to forfeiture, on appropriate proceedings

  4  being instituted by the Fish and Wildlife Conservation

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

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

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

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

  9  other instruments in fishing oysters on natural reefs contrary

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

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

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

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

14  deposited with the Treasurer to the credit of the General

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

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

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

18  Pending proceedings such vessel may be released upon the owner

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

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

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

22  court.

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

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

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

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

27  transporting of noncultured oysters for commercial use shall

28  be constructed and maintained to prevent contamination or

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

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

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


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

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

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

  4  revocation of the violator's license.

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

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

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

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

  9         Section 13.  Subsections (1) and (2) of section

10  370.161, Florida Statutes, are amended to read:

11         370.161  Oyster bottom land grants made pursuant to ch.

12  3293.--

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

14  of county commissioners under the authority of chapter 3293,

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

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

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

18  forfeiture provisions.

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

20  shall mark such lands and begin cultivation thereof as set

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

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

23  shall be payable immediately upon the effective date of this

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

25         Section 14.  Section 372.071, Florida Statutes, is

26  amended to read:

27         372.071  Powers of arrest by agents of Department of

28  Environmental Protection or Fish and Wildlife Conservation

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

30  Department of Environmental Protection or the Fish and

31  Wildlife Conservation Commission, upon receiving information,


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  1  relayed to her or him from any law enforcement officer

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

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

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

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

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

  7  when reasonable and proper identification of the vehicle,

  8  boat, or airboat and reasonable and probable grounds to

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

10  or is committing any such offense have been communicated to

11  the arresting officer by the other officer stationed on the

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

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

14  Florida Statutes, is amended to read:

15         372.6673  Taking and possession of alligators; trapping

16  licenses; fees.--

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

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

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

20  obtained, an alligator egg collection permit. The alligator

21  egg collection permit shall be required in addition to the

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

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

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

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

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

27  and retained, excluding eggs collected on private wetland

28  management areas, shall may be transferred from the alligator

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

30  administered by the Department of Agriculture and Consumer

31  Services for the purpose of providing marketing and education


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  1  services with respect to alligator products produced in this

  2  state, notwithstanding other provisions in this chapter.

  3         Section 16.  Subsection (2) of section 372.6674,

  4  Florida Statutes, is amended to read:

  5         372.6674  Required tagging of alligators and hides;

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

  7  required in addition to any license required under s.

  8  372.6673.

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

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

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

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

13  accordance with commission rule.  The commission is authorized

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

15  validation tag issued. Irrespective of whether a fee is

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

17  validated from public hunt programs and alligator farms, shall

18  may be transferred from the alligator management program to

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

20  Department of Agriculture and Consumer Services for the

21  purpose of providing marketing and education services with

22  respect to alligator products produced in this state,

23  notwithstanding other provisions in this chapter.

24         Section 17.  Subsection (5) of section 373.046, Florida

25  Statutes, is amended to read:

26         373.046  Interagency agreements.--

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

28  any operating agreement is developed pursuant to subsection

29  (4),:

30         (a)  the department shall have regulatory

31  responsibility under part IV of this chapter for:


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  1         1.  All saltwater aquaculture activities located on

  2  sovereignty submerged land or in the water column above such

  3  land and adjacent facilities directly related to the

  4  aquaculture activity.

  5         2.  aquaculture activities that meet or exceed the

  6  thresholds for aquaculture general permits authorized pursuant

  7  to ss. 370.26 and 403.814.

  8         3.  Aquaculture activities within the Northwest Florida

  9  Water Management District.

10         (b)  Water management districts shall have regulatory

11  responsibility under part IV of this chapter for aquaculture

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

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

14  and the applicable water management district, the department

15  and water management district may reassign the regulatory

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

17  the specific aquaculture operation, to achieve a more

18  efficient and effective permitting process.

19         Section 18.  Subsection (11) of section 403.814,

20  Florida Statutes, is amended to read:

21         403.814  General permits; delegation.--

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

23  and the applicable water management district, the department

24  and water management district may reassign the regulatory

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

26  on the specific aquaculture operation, to achieve a more

27  efficient and effective permitting process.

28         Section 19.  Subsection (1) of section 409.2598,

29  Florida Statutes, is amended to read:

30         409.2598  Suspension or denial of new or renewal

31  licenses; registrations; certifications.--


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

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

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

  4  certificate issued under chapter 231, chapter 370, chapter

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

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

  7  support obligation or who fails, after receiving appropriate

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

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

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

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

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

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

14         Section 20.  Paragraph (n) of subsection (1) of section

15  500.03, Florida Statutes, is amended to read:

16         500.03  Definitions of terms; construction;

17  applicability.--

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

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

20  outlet, or any other facility manufacturing, processing,

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

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

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

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

25  that pack fruits and vegetables in their raw or natural

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

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

28  before they are marketed.

29         Section 21.  Section 570.18, Florida Statutes, is

30  amended to read:

31


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  1         570.18  Organization of departmental work.--In the

  2  assignment of functions to the 12 11 divisions of the

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

  4  within the Division of Administration, in addition to

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

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

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

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

  9  570.29 are solely to make possible the definite placing of

10  responsibility.  The department shall be conducted as a unit

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

12  assigned a definite workload, and there shall exist between

13  division directors a spirit of cooperative effort to

14  accomplish the work of the department.

15         Section 22.  Present subsections (4) through (11) of

16  section 570.29, Florida Statutes, are renumbered as

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

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

19         570.29  Departmental divisions.--The department shall

20  include the following divisions:

21         (4)  Aquaculture.

22         Section 23.  Section 570.61, Florida Statutes, is

23  created to read:

24         570.61  Division of Aquaculture; powers and

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

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

27  aquaculture certification program; enforcing shellfish

28  sanitation standards; administering the aquaculture and

29  shellfish lease programs; ensuring that shellfish processing

30  facilities comply with applicable food safety requirements;

31  mitigating, creating, and enhancing natural shellfish


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  1  harvesting areas; providing education to fishermen and

  2  aquaculturists; promoting aquaculture development; purchasing

  3  commodities as necessary to carry out the provisions of this

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

  5  donations; providing grants, aids, and other technical

  6  assistance; and ensuring the safety of Florida waters.

  7         Section 24.  Section 570.62, Florida Statutes, is

  8  created to read:

  9         570.62  Director; duties.--

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

11  be appointed by the commissioner and shall serve at the

12  commissioner's pleasure.

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

14  coordinate the activities of the division, exercise such other

15  powers and duties as authorized by the commissioner, and

16  enforce the provisions of chapter 597, the rules adopted

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

18  out the responsibilities of the division.

19         Section 25.  Paragraph (f) of subsection (1) of section

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

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

22         597.003  Powers and duties of Department of Agriculture

23  and Consumer Services.--

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

25  agency in encouraging the development of aquaculture in the

26  state and shall have and exercise the following functions,

27  powers, and duties with regard to aquaculture:

28         (f)  Submit the list of research and development

29  projects proposed to be funded through the department as

30  identified in the state aquaculture plan, along with the

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


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

  2  Representatives. If funded, these projects shall be contracted

  3  for by the Division of Aquaculture and shall require

  4  public-private partnerships, when appropriate. The contracts

  5  shall require a percentage of the profit generated by the

  6  project to be deposited into the General Inspection Trust Fund

  7  solely for funding aquaculture projects recommended by the

  8  Aquaculture Review Council.

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

10  for the purpose of producing aquaculture products when the

11  aquaculture activity is compatible with state resource

12  management goals, environmental protection, and propriety

13  interest and when such state lands and waters are determined

14  to be suitable for aquaculture development by the Board of

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

16  253.68; and be responsible for all saltwater aquaculture

17  activities located on sovereignty submerged land or in the

18  water column above such land and adjacent facilities directly

19  related to the aquaculture activity.

20         1.  The department shall act in cooperation with other

21  state and local agencies and programs to identify and

22  designate sovereignty lands and waters that would be suitable

23  for aquaculture development.

24         2.  The department shall identify and evaluate specific

25  tracts of sovereignty submerged lands and water columns in

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

27  waters are suitable for leasing for aquaculture purposes.

28  Nothing in this subparagraph or subparagraph 1. shall preclude

29  the applicant from applying for sites identified by the

30  applicant.

31


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  1         3.  The department shall provide assistance in

  2  developing technologies applicable to aquaculture activities,

  3  evaluate practicable production alternatives, and provide

  4  agreements to develop innovative culture practices.

  5         (l)  Act as a clearinghouse for aquaculture

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

  7  Wildlife Conservation Commission, the Division of State Lands,

  8  the Department of Environmental Protection district offices,

  9  other divisions within the Department of Environmental

10  Protection, and the water management districts. The Department

11  of Agriculture and Consumer Services shall be responsible for

12  regulating marine aquaculture producers, except as

13  specifically provided herein.

14         Section 26.  Subsections (3), (4), and (5) of section

15  370.26, Florida Statutes, are repealed.

16         Section 27.  Subsections (1), (2), and (4) and

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

18  Statutes, are amended to read:

19         597.004  Aquaculture certificate of registration.--

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

21  shellfish aquaculture must be certified by the department.

22  The applicant for a certificate of registration shall submit

23  the following to the department:

24         (a)  Applicant's name/title.

25         (b)  Company name.

26         (c)  Complete mailing address.

27         (d)  Legal property description of all aquaculture

28  facilities.

29         (e)  Actual physical street address for each

30  aquaculture facility.

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


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

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

  3         (2)  NONSHELLFISH CERTIFICATION.--

  4         (a)  Any person engaging in nonshellfish aquaculture,

  5  except as otherwise provided in this section, must be

  6  certified by the department.  The applicant for a certificate

  7  of registration for nonshellfish products shall submit the

  8  following to the department:

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

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

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

12  below.

13         (2)  RULES.--

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

15  Department of Environmental Protection, the water management

16  districts, environmental groups, and representatives from the

17  affected farming groups, shall adopt rules to:

18         1.  Specify the requirement of best-management

19  practices to be implemented by holders of aquaculture

20  certificates of registration.

21         2.  Establish procedures for holders of aquaculture

22  certificates of registration to submit the notice of intent to

23  comply with best-management practices.

24         3.  Establish schedules for implementation of

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

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

27  measures may include the continuation of regulatory

28  requirements in effect on June 30, 1998.

29         4.  Establish a system to assure the implementation of

30  best-management practices, including recordkeeping

31  requirements.


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  1         (b)  Rules adopted pursuant to this subsection shall

  2  become effective pursuant to the applicable provisions of

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

  4  Senate and the Speaker of the House of Representatives for

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

  6  appropriate committees of substance and scheduled for review

  7  during the first available regular session following adoption.

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

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

10  the Legislature.

11         (c)  Notwithstanding any provision of law, the

12  Department of Environmental Protection is not authorized to

13  institute proceedings against any person certified under this

14  section to recover any costs or damages associated with

15  contamination of groundwater or surface water, or the

16  evaluation, assessment, or remediation of contamination of

17  groundwater or surface water, including sampling, analysis,

18  and restoration of potable water supplies, where the

19  contamination of groundwater or surface water is determined to

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

21  an aquaculture certificate of registration:

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

23  implement applicable best-management practices adopted by the

24  department;

25         2.  Implements applicable best-management practices as

26  soon as practicable according to rules adopted by the

27  department; and

28         3.  Implements practicable interim measures identified

29  and adopted by the department which can be implemented

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

31


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

  2  groundwater and surface water standards if the holder of an

  3  aquaculture certificate of registration implements

  4  best-management practices that have been verified by the

  5  Department of Environmental Protection to be effective at

  6  representative sites and complies with the following:

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

  8  implement applicable best-management practices adopted by the

  9  department;

10         2.  Implements applicable best-management practices as

11  soon as practicable according to rules adopted by the

12  department; and

13         3.  Implements practicable interim measures identified

14  and adopted by the department which can be implemented

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

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

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

18  House of Representatives, a progress report concerning the

19  development, implementation, and effectiveness of

20  best-management practices to prevent contamination of

21  groundwater and surface water.

22         (f)  This section does not limit federally delegated

23  regulatory authority.

24         (g)  Any aquatic plant producer permitted by the

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

26  requirements of this section subsection.

27         (h)  Any alligator producer with an alligator farming

28  license and permit to establish and operate an alligator farm

29  shall be issued an aquaculture certificate of registration

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

31  does not supersede the authority under chapter 372, chapter


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

  2  farmers.

  3         (4)  IDENTIFICATION OF AQUACULTURE

  4  PRODUCTS.--Aquaculture products shall be identified while

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

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

  7  Wildlife Conservation Commission as they relate to alligators

  8  only.

  9         (a)  Aquaculture products shall be identified by an

10  aquaculture certificate of registration number from harvest to

11  point of sale.  Any person who possesses aquaculture products

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

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

14         (b)  Marine aquaculture products shall be transported

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

16  shall be identified by tags or labels that are securely

17  attached and clearly displayed.

18         (c)  Each aquaculture registrant who sells food

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

20  such products containerized and clearly labeled in accordance

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

22  address, and aquaculture certification number.  This

23  requirement is designed to segregate the identity of wild and

24  aquaculture products.

25         (5)  SALE OF AQUACULTURE PRODUCTS.--

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

27  accordance with s. 597.020 shellfish handling regulations of

28  the Department of Environmental Protection established to

29  protect public health.

30

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  1         Section 28.  Subsection (2) of section 597.0041,

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

  3  that section, to read:

  4         597.0041  Prohibited acts; penalties.--

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

  6  chapter or any rule promulgated hereunder is subject to a

  7  suspension or revocation of his or her certificate of

  8  registration or license under this chapter.  The department

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

10  revocation, impose on the violator an administrative fine in

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

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

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

14  commits a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083.

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

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

18  sections, commits a misdemeanor of the second degree,

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

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

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

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

23         Section 29.  Paragraph (c) of subsection (3) of section

24  597.005, Florida Statutes, is amended to read:

25         597.005  Aquaculture Review Council.--

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

27  the Aquaculture Review Council are to:

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

29         1.  A prioritized list of research projects to be

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

31  year, the council shall review the aquaculture legislative


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  1  budget requests submitted to the department and rank them

  2  according to the state aquaculture plan.

  3         2.  Recommendations to be forwarded to the Speaker of

  4  the House of Representatives and the President of the Senate

  5  on legislation needed to help the aquaculture industry.

  6         3.  Recommendations on aquaculture projects,

  7  activities, research, and regulation and other needs to

  8  further the development of the aquaculture industry.

  9         Section 30.  Subsection (1) of section 597.006, Florida

10  Statutes, is amended to read:

11         597.006  Aquaculture Interagency Coordinating

12  Council.--

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

14  there is a need for interagency coordination with regard to

15  aquaculture by the following agencies: the Department of

16  Agriculture and Consumer Services, the Office of Tourism,

17  Trade, and Economic Development Department of Commerce, the

18  Department of Community Affairs, the Department of

19  Environmental Protection, the Department of Labor and

20  Employment Security, the Fish and Wildlife Conservation

21  Commission, the statewide consortium of universities under the

22  Florida Institute of Oceanography, Florida Agricultural and

23  Mechanical University, the Institute of Food and Agricultural

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

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

26  therefore the intent of the Legislature to hereby create an

27  Aquaculture Interagency Coordinating Council to act as an

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

29         Section 31.  Section 597.010, Florida Statutes, is

30  created to read:

31         597.010  Shellfish regulation; leases.--


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

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

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

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

  5  or she shall present to the department a written application

  6  pursuant to s. 253.69.

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

  8  compact as possible, taking into consideration the shape of

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

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

11  render the bottoms desirable or undesirable for the purpose of

12  oyster or clam cultivation.

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

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

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

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

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

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

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

20  when it deems such surveys necessary and where such surveys

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

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

23  of his or her application.

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

25  BOUNDARIES; PENALTY FOR FAILURE TO COMPLY WITH

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

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

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

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

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

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


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

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

  3  which shall be kept exclusively for that purpose by the

  4  department; thereafter the lessees shall enjoy the exclusive

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

  6  grown or placed thereon shall be the exclusive property of

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

  8  provisions of this chapter and chapter 253.  The department

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

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

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

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

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

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

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

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

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

18  department may stipulate in each individual lease contract the

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

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

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

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

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

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

25  offense.

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

27         (a)  All leases issued previously under the provisions

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

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

30  shall continue in perpetuity under such restrictions as stated

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


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

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

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

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

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

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

  7  the lease.

  8         (b)  All fees collected under this subsection and

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

10  Trust Fund and shall be used for shellfish aquaculture

11  activities.

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

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

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

15  discretion, to terminate and cancel the lease after the

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

17  nonpayment. If after receiving the notice the lessee chooses

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

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

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

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

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

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

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

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

26  deposited into the General Inspection Trust Fund. The purpose

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

28  resources immediately available for improvement of lease areas

29  and for cleanup and rehabilitation of abandoned or vacated

30  lease sites.  The department is authorized to adopt rules

31  necessary to carry out the provisions of this subsection.


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

  2  for cleanup and rehabilitation of abandoned or vacated lease

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

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

  5  by statute. Interest received on such investment shall be

  6  credited to the fund.

  7         (b)  Funds within the General Inspection Trust Fund

  8  from receipts from the surcharge established in this section

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

10         1.  Administrative expenses, personnel expenses, and

11  equipment costs of the department related to the improvement

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

13  vacated aquaculture lease sites, and the enforcement of

14  provisions of this section.

15         2.  All costs involved in the improvement of lease

16  areas and the cleanup and rehabilitation of abandoned or

17  vacated lease sites.

18         3.  All costs and damages which are the proximate

19  results of lease abandonment or vacation.

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

21

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

23  person or persons abandoning or vacating the lease, jointly

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

25         (8)  CULTIVATION REQUIREMENTS.--

26         (a)  Effective cultivation shall consist of the growing

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

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

29  commercial density shall be accomplished by the planting of

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

31  department may stipulate in each individual lease contract the


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

  2  lease bottoms according to the individual shape, depth,

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

  4  lessee leasing lands under the provisions of this section or

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

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

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

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

  9  area and shall each year thereafter place in cultivation at

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

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

12  cultivation. The cultivation requirements for perpetuity

13  leases granted pursuant to chapter 370 prior to 1985 under

14  previously existing law shall comply with the conditions

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

16  authorized to plant the leased or granted submerged land in

17  both oysters and clams.

18         (b)  These stipulations apply to all leases granted

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

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

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

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

23  such evidence conclusively shows a lack of effective

24  cultivation, the department may revoke leases and return the

25  bottoms in question to the public domain.

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

27  pertaining to the water column over shellfish leases. All

28  cultch materials in place 6 months after the formal adoption

29  and publication of rules establishing standards for cultch

30  materials on shellfish leases that do not comply with such

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


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  1  department has the authority to direct the lessee to remove

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

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

  4  rules to remove unlawful cultch materials, and all

  5  improvements, cultch, marketable oysters, and shell shall

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

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

  8  the best interest of the state.

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

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

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

12  hypothecation and shall be subject to seizure and sale for

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

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

15  betterments, and improvements thereon. Leases granted under

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

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

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

19  before department approval may be given. Leases inherited or

20  transferred will be valid only upon receipt of the transfer

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

22  proper indexes so that all original leases and all subsequent

23  changes and transfers can be easily and accurately

24  ascertained.

25         (10)  CANCELLATION OF LEASES TO NATURAL REEFS OR

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

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

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

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

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

31  sufficient natural or maternal oysters or clams thereon (not


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  1  including coon oysters) to have constituted a stratum

  2  sufficient to have been resorted to by the public generally

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

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

  5  department, verified under oath, stating the location and

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

  7  interest of the petitioner therein and requesting the

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

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

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

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

12  the department shall cause an investigation to be made into

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

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

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

16  allegations of the petition be found true and the leased

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

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

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

20  investigation taxed against the lessee and the lease canceled

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

22  marked with buoys and stakes and notices placed thereon

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

24  markers and notices to be taxed against the lessee.

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

26  LEASE.--

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

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

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

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

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


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

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

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

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

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

  6  included in any shellfish or aquaculture lease granted in

  7  Franklin County.

  8         (b)  The department shall determine and settle all

  9  disputes as to boundaries between lessees. The department

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

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

12  suitable for raising oysters or clams.

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

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

15  Franklin County shall be those issued pursuant to ss.

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

17  available. The department shall require in the lease agreement

18  such restrictions as it deems necessary to protect the

19  environment, the existing leaseholders, and public fishery.

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

21  AREAS.--

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

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

24  chapter, or grantee under the provisions of heretofore

25  existing laws, or riparian owner who may have heretofore

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

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

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

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

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

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


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

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

  3  who willfully injures, destroys, or removes any other

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

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

  6  designations placed by the department, commits a violation of

  7  this section.

  8         (b)  Harvesting shellfish is prohibited within a

  9  distance of 25 feet outside lawfully marked lease boundaries

10  or within setback and access corridors within specifically

11  designated high-density aquaculture lease areas and

12  aquaculture use zones.

13         (14)  SHELLFISH DEVELOPMENT.--

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

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

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

17  will permit.

18         (b)  The Fish and Wildlife Conservation Commission

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

20  aquaculture products produced on leased or granted reefs and

21  beds.

22         (c)  The department, in cooperation with the

23  commission, shall provide the Legislature with recommendations

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

25  rights of the state and private holders therein with respect

26  to the oyster and clam business.

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

28  authorized to issue special activity licenses, in accordance

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

30  oysters, clams, mussels, and crabs.

31


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  1         (16)  STAKING OFF WATER BOTTOMS OR BEDDING OYSTERS

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

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

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

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

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

  7  provision does not apply to grants heretofore made under the

  8  provisions of any heretofore existing laws or to artificial

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

10  grantees on the owner's riparian bottoms.

11         (17)  SHELLFISH HARVESTING SEASONS; SPECIAL PROVISIONS

12  RELATING TO APALACHICOLA BAY.--

13         (a)  The Fish and Wildlife Conservation Commission

14  shall by rule set the noncultured shellfish harvesting seasons

15  in Apalachicola Bay.

16         (b)  If the commission changes the harvesting seasons

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

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

19  department, shall monitor the impacts of the new harvesting

20  schedule on the bay and on local shellfish harvesters to

21  determine whether the new harvesting schedule should be

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

23  schedule and in preparing its report, the following

24  information shall be considered:

25         1.  Whether the bay benefits ecologically from the new

26  harvesting schedule.

27         2.  Whether the new harvesting schedule enhances the

28  enforcement of shellfish harvesting laws in the bay.

29         3.  Whether the new harvesting schedule enhances

30  natural shellfish production, oyster relay and planting

31  programs, and shell planting programs in the bay.


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

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

  3  harvesters.

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

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

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

  7  implement other than hand tongs in removing oysters from the

  8  natural or artificial state reefs or beds. This restriction

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

10  harvesting, excluding private grounds leased or granted by the

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

12  specifically authorizes the use of implements other than hand

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

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

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

16  special activity license may be issued by the Fish and

17  Wildlife Conservation Commission pursuant to subsection (15)

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

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

20  dredge or other mechanical means from privately held shellfish

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

22  limited to, the following conditions:

23         1.  The use of any mechanical harvesting device other

24  than ordinary hand tongs for taking shellfish for any purpose

25  from public shellfish beds in Apalachicola Bay shall be

26  unlawful.

27         2.  The possession of any mechanical harvesting device

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

29  shall be unlawful.

30         3.  Leaseholders or grantees shall notify the

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


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

  2  Fish and Wildlife Conservation Commission that a mechanical

  3  harvesting device will be deployed.

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

  5  be possessed or operated at any time.

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

  7  a dredge or scrape shall prominently display the lease or

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

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

10  or grant number or numbers are readily identifiable from both

11  the air and the water.

12

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

14  rules, or conditions referenced in the lease agreement shall

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

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

17  mechanical harvesting device.

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

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

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

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

22  all shellfish.

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

24         (a)  The department shall designate areas for the

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

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

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

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

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

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

31


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  1  or transplanted to, and relaying or transplanting time periods

  2  shall be established in each case by the department.

  3         (b)  Application for a special activity license issued

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

  5  mussels for relaying from closed public shellfish harvesting

  6  areas to open areas or certified controlled purification

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

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

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

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

11  taken.  All relaying and transplanting operations shall take

12  place under the direction of the department.

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

14  subsequently harvested for any reason without written

15  permission or public notice from the department.

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

17  county commissioners of the several counties may appropriate

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

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

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

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

22  out of any sum in the county treasury not otherwise

23  appropriated.

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

25  of dead shell deposits is prohibited in the state.

26         (22)  COOPERATION WITH UNITED STATES FISH AND WILDLIFE

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

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

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

30  grants, and matching funds from the Federal Government in

31  order to carry out its oyster resource and development


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  1  responsibilities.  The department is further authorized to

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

  3  oyster shells.

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

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

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

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

  8  the department when such shells are needed and required for

  9  rehabilitation projects and planting operations, in

10  cooperation with the Fish and Wildlife Conservation

11  Commission, when sufficient resources and facilities exist for

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

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

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

15  of such shell as they produce for aquacultural purposes.

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

17  lessees and grantees shall be carried out under the conditions

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

19  department and shall be subject to such reasonable time limits

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

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

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

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

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

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

26  gather and stockpile the shells. Planting of shells obtained

27  from the department by purchase shall be subject to the

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

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

30  and used by private oyster cultivators 10 years after shells

31


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

  2  highest bidder for any private use.

  3         (b)  Whenever the department determines that it is

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

  5  the property of the producer.

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

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

  8  rehabilitation projects, and when no leaseholder has exercised

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

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

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

12  discretion of the purchaser.

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

14  deposited in the General Inspection Trust Fund for shellfish

15  programs.

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

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

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

19  establishment from which shells are to be collected.  The

20  notice shall contain the period of time the department intends

21  to collect the shells in that county and the collection

22  purpose.

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

24  with the Fish and Wildlife Conservation Commission and the

25  Department of Environmental Protection, shall protect all clam

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

27  damage or destruction resulting from improper cultivation,

28  propagation, planting, or harvesting and control the pollution

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

30  to this end the Department of Health is authorized and

31


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

  2  available its laboratory testing facilities and apparatus.

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

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

  5  transporting of oysters or clams for commercial purposes shall

  6  be constructed and maintained to prevent contamination or

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

  8  shall be provided with false bottoms and bulkheads fore and

  9  aft to prevent onboard shellfish from coming in contact with

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

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

12  violation of any provision of this subsection shall result in

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

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

15  gathering, or transporting of oysters or clams for commercial

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

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

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

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

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

21         Section 32.  Section 370.071, Florida Statutes, is

22  transferred, renumbered as section 597.020, Florida Statutes,

23  and amended to read:

24         597.020 370.071  Shellfish processors; regulation.--

25         (1)  The department of Agriculture and Consumer

26  Services, hereinafter referred to as department, is authorized

27  to adopt by rule regulations, specifications, and codes

28  relating to sanitary practices for catching, cultivating,

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

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

31  The department is also authorized to license shellfish


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  1  processors who handle aquaculture facilities used to culture

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

  3  activities relate to quality control, sanitary, and public

  4  health practices pursuant to this section and chapter 500 and

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

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

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

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

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

10  satisfactory evidence of any violation of rules adopted

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

12  adulterated or misbranded shellfish products as defined by

13  rule.

14         (2)  A shellfish processing plant certification license

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

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

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

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

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

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

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

22  processing or shedding plant.

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

24  processing plant certification license upon satisfactory

25  evidence that the licensee has violated any regulation,

26  specification, or code adopted under this section and may

27  seize and destroy any shellfish product which is defined by

28  rule to be an adulterated or misbranded shellfish product.

29         Section 33.  Subsection (13) of section 190.003,

30  Florida Statutes, is amended to read:

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

  2  term:

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

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

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

  6  include a reversioner, remainderman, mortgagee, or any

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

  8  notified of proceedings under this act. Landowner shall also

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

10  which leasehold interest has a remaining term, excluding all

11  renewal options, in excess of 50 years.

12         Section 34.  Paragraph (a) of subsection (1) of section

13  190.005, Florida Statutes, is amended to read:

14         190.005  Establishment of district.--

15         (1)  The exclusive and uniform method for the

16  establishment of a community development district with a size

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

18  under chapter 120 by the Florida Land and Water Adjudicatory

19  Commission, granting a petition for the establishment of a

20  community development district.

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

22  development district shall be filed by the petitioner with the

23  Florida Land and Water Adjudicatory Commission.  The petition

24  shall contain:

25         1.  A metes and bounds description of the external

26  boundaries of the district. Any real property within the

27  external boundaries of the district which is to be excluded

28  from the district shall be specifically described, and the

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

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

31  proposed district on any real property within the external


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

  2  district.

  3         2.  The written consent to the establishment of the

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

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

  6  or documentation demonstrating that the petitioner has control

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

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

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

10  governmental entity and subject to a ground lease as described

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

12  entity.

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

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

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

16  190.006.

17         4.  The proposed name of the district.

18         5.  A map of the proposed district showing current

19  major trunk water mains and sewer interceptors and outfalls if

20  in existence.

21         6.  Based upon available data, the proposed timetable

22  for construction of the district services and the estimated

23  cost of constructing the proposed services. These estimates

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

25  may be subject to change.

26         7.  A designation of the future general distribution,

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

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

29  use plan element of the effective local government

30  comprehensive plan of which all mandatory elements have been

31  adopted by the applicable general-purpose local government in


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  1  compliance with the Local Government Comprehensive Planning

  2  and Land Development Regulation Act.

  3         8.  A statement of estimated regulatory costs in

  4  accordance with the requirements of s. 120.541.

  5         Section 35.  Subsection (10) is added to section

  6  190.021, Florida Statutes, to read:

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

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

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

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

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

12  governmental entity that is subject to a ground lease as

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

14  encumbrance on the underlying fee interest of such

15  governmental entity.

16         Section 36.  Paragraphs (b) and (i) of subsection (2)

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

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

19  section to read:

20         370.021  Administration; rules, publications, records;

21  penalties; injunctions.--

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

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

24  additional penalties against any person, firm, or corporation

25  convicted of major violations as follows:

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

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

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

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

30  for each pound of illegal shrimp or part thereof.

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

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

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

  4  suspended or revoked by the commission, pursuant to the

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

  6  violation prescribed in this subsection:

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

  8  up to 30 calendar days.

  9         2.1.  Upon a second conviction for a violation which

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

11  calendar 60 days.

12         3.2.  Upon a third conviction for a violation which

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

14  calendar days.

15         4.3.  Upon a fourth conviction for a violation which

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

17  of 6 months to 3 years.

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

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

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

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

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

23  the possession of 25 or more individual specimens of marine

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

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

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

27  life endorsement as provided in paragraph (i).

28         (5)  BUYING SALTWATER PRODUCTS FROM UNLICENSED

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

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

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


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

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

  3  facility for public consumption from an unlicensed person,

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

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

  6  violation, and the commission may assess the following

  7  penalties:

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

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

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

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

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

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

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

15  days.

16         (c)  For a third or subsequent violation occurring

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

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

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

20

21  Any proceeds from the civil penalties assessed pursuant to

22  this subsection shall be deposited into the Marine Resources

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

24  percent for administration and processing purposes and 60

25  percent for law enforcement purposes.

26         Section 37.  Subsection (8) of section 370.06, Florida

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

28  section, to read:

29         370.06  Licenses.--

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

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


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

  2  authorized agents or deputies to be deposited by the

  3  Comptroller in the Marine Resources Conservation Trust Fund.

  4  The commission may by rule establish a reasonable processing

  5  fee for any free license or permit required under this

  6  chapter. The commission is authorized to accept payment by

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

  8  pursuant to this chapter.

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

10  commission shall deny the renewal or issuance of any saltwater

11  products license, wholesale dealer license, or retail dealer

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

13  fines owed to the commission.

14         Section 38.  Section 370.13, Florida Statutes, is

15  amended to read:

16         (Substantial rewording of section. See

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

18         370.13  Stone crab; regulation.--

19         (1)  FEES AND EQUITABLE RENT.--

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

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

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

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

24  370.143.

25         (b)  Certificate fees.--

26         1.  For each trap certificate issued by the commission

27  under the requirements of the stone crab trap limitation

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

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

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

31  major natural disaster declared as an emergency disaster by


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

  2  incurred by the commission.

  3         2.  Except for transfers to eligible crew members as

  4  determined according to criteria established by rule of the

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

  6  certificate transferred to be paid by the purchaser of the

  7  certificate or certificates. The transfer fee for eligible

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

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

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

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

12  or 25 percent of the actual value of the transferred

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

14  time a certificate is transferred outside the original

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

16  apply to the actual number of certificates received by the

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

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

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

20  certificates, which must also be submitted with the transfer

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

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

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

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

25  immediate family.

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

27  incidental take endorsement, as established by commission

28  rule, is $25.

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

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

31  be recovered as partial compensation to the state for the


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  1  enhanced access to its natural resources. In determining

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

  3  commission may consider the amount of revenues annually

  4  generated by endorsement fees, trap certificate fees, transfer

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

  6  fees, incidental take endorsement fees, and the continued

  7  economic viability of the commercial stone crab industry.

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

  9  Cabinet sitting as the Board of Trustees of the Internal

10  Improvement Trust Fund.

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

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

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

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

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

16  must be deposited in the Marine Resources Conservation Trust

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

18  under this section may be used for operation and

19  administration of the stone crab trap limitation program.  The

20  remaining revenues generated under this program are to be used

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

22  public education activities, evaluation of the impact of trap

23  reductions on the stone crab fishery, and enforcement

24  activities in support of the stone crab trap limitation

25  program.

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

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

28  program funded from proceeds generated under this section.

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

30  program does not create any vested rights for endorsement or

31  certificateholders and may be altered or terminated by the


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  1  commission as necessary to protect the stone crab resource,

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

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

  4  conviction is any disposition other than acquittal or

  5  dismissal, regardless of whether the violation was adjudicated

  6  under any state or federal law.

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

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

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

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

11  apply.

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

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

14  endorsement under which the violation was committed may be

15  suspended for the remainder of the current license year.

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

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

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

19  endorsement under which the violation was committed may be

20  suspended for 12 calendar months.

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

22  of any previous two such violations, the commission shall

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

24  crab endorsement under which the violation was committed may

25  be suspended for 24 calendar months.

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

27  any three previous such violations, shall result in permanent

28  revocation of all of the violator's saltwater fishing

29  privileges, including having the commission proceed against

30  the endorsement holder's saltwater products license in

31  accordance with s. 370.021.


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  1

  2  Any person assessed an administrative penalty under this

  3  paragraph shall, within 30 calendar days after notification,

  4  pay the administrative penalty to the commission, or request

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

  6  proceeds of all administrative penalties collected under this

  7  paragraph shall be deposited in the Marine Resource

  8  Conservation Trust Fund.

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

10  contents of another harvester's trap without the express

11  written consent of the trap owner available for immediate

12  inspection.  Such unauthorized removal constitutes theft. Any

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

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

15  this section, permanently lose all his or her saltwater

16  fishing privileges, including saltwater products licenses,

17  stone crab or incidental take endorsements, and all trap

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

19  cases, trap certificates and endorsements are nontransferable.

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

21  violating the prohibitions referenced in this paragraph shall

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

23  Immediately upon receiving a citation for a violation

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

25  violation, or if convicted of such a violation, the violator

26  is prohibited from transferring any stone crab or lobster

27  certificates.

28         (c)  Any person, firm, or corporation convicted of

29  violating commission rules that prohibit any of the following,

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.


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  1         1.  The willful molestation of any stone crab trap,

  2  line, or buoy that is the property of any licenseholder,

  3  without the permission of that licenseholder.

  4         2.  The bartering, trading, or sale, or conspiring or

  5  aiding in such barter, trade, or sale, or supplying, agreeing

  6  to supply, aiding in supplying, or giving away stone crab trap

  7  tags or certificates unless the action is duly authorized by

  8  the commission as provided by commission rules.

  9         3.  The making, altering, forging, counterfeiting, or

10  reproducing of stone crab trap tags.

11         4.  Possession of forged, counterfeit, or imitation

12  stone crab trap tags.

13         5.  Engaging in the commercial harvest of stone crabs

14  during the time either of the endorsements is under suspension

15  or revocation.

16

17  In addition, any person, firm, or corporation convicted of

18  violating this paragraph shall also be assessed an

19  administrative penalty of up to $5,000, and the incidental

20  take endorsement and/or the stone crab endorsement under which

21  the violation was committed may be suspended for up to 24

22  calendar months. Immediately upon receiving a citation

23  involving a violation of this paragraph and until adjudicated

24  for such a violation, or if convicted of such a violation, the

25  person, firm, or corporation committing the violation is

26  prohibited from transferring any stone crab certificates or

27  endorsements.

28         (d)  For any person, firm, or corporation convicted of

29  fraudulently reporting the actual value of transferred stone

30  crab certificates, the commission may automatically suspend or

31  permanently revoke the seller's or the purchaser's stone crab


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  1  endorsements. If the endorsement is permanently revoked, the

  2  commission shall also permanently deactivate the endorsement

  3  holder's stone crab certificate accounts. Whether an

  4  endorsement is suspended or revoked, the commission may also

  5  levy a fine against the holder of the endorsement of up to

  6  twice the appropriate surcharge to be paid based on the fair

  7  market value of the transferred certificates.

  8         (e)  During any period of suspension or revocation of

  9  an endorsement holder's endorsement, he or she shall remove

10  all traps subject to that endorsement from the water within 15

11  days after notice provided by the commission. Failure to do so

12  will extend the period of suspension or revocation for an

13  additional 6 calendar months.

14         (f)  An endorsement will not be renewed until all fees

15  and administrative penalties imposed under this section are

16  paid.

17         (3)  DEPREDATION ENDORSEMENTS.--The Fish and Wildlife

18  Conservation Commission shall issue a depredation endorsement

19  on the saltwater products license, which shall entitle the

20  license holder to possess and use up to 75 stone crab traps

21  and up to 75 blue crab traps, notwithstanding any other

22  provisions of law, for the incidental take of destructive or

23  nuisance stone crabs or blue crabs within 1 mile of

24  aquaculture shellfish beds.  Any marine aquaculture producer

25  as defined by s. 370.26 who raises shellfish may obtain a

26  depredation endorsement by providing an aquaculture

27  registration certificate to the commission.  No stone crabs or

28  blue crabs taken under this subsection may be sold or offered

29  for sale.

30         Section 39.  Subsection (1) of section 370.135, Florida

31  Statutes, is amended to read:


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  1         370.135  Blue crab; regulation.--

  2         (1)  No person, firm, or corporation shall transport on

  3  the water, fish with or cause to be fished with, set, or place

  4  any trap designed for taking blue crabs unless such person,

  5  firm, or corporation is the holder of a valid saltwater

  6  products license issued pursuant to s. 370.06 and the trap has

  7  a current state number permanently attached to the buoy. The

  8  trap number shall be affixed in legible figures at least 1

  9  inch high on each buoy used. The saltwater products license

10  must be on board the boat, and both the license and the crabs

11  shall be subject to inspection at all times.  Only one trap

12  number may be issued for each boat by the commission upon

13  receipt of an application on forms prescribed by it.  This

14  subsection shall not apply to an individual fishing with no

15  more than five traps.  It is a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084, for any person willfully to molest any traps, lines,

18  or buoys, as defined herein, belonging to another without

19  permission of the licenseholder. It is unlawful for any person

20  to remove the contents of another harvester's trap without the

21  express written consent of the trap owner available for

22  immediate inspection. Such unauthorized removal constitutes

23  theft. Any person convicted of theft from a trap shall, in

24  addition to the penalties specified in s. 370.021 and the

25  provisions of this section, permanently lose all his or her

26  saltwater fishing privileges including his or her saltwater

27  products license and blue crab endorsement. In such cases

28  endorsements are nontransferable. In addition, any person,

29  firm, or corporation convicted of violating this paragraph

30  shall also be assessed an administrative penalty of up to

31  $5,000. Immediately upon receiving a citation for a violation


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  1  involving theft from a trap and until adjudicated for such a

  2  violation, or if convicted of such a violation, the person,

  3  firm, or corporation committing the violation is prohibited

  4  from transferring any blue crab endorsements.

  5         Section 40.  Subsection (2) of section 370.14, Florida

  6  Statutes, is amended to read:

  7         370.14  Crawfish; regulation.--

  8         (2)(a)  Each trap used for taking or attempting to take

  9  crawfish must have a trap number permanently attached to the

10  trap and the buoy. This trap number may be issued by the Fish

11  and Wildlife Conservation Commission upon the receipt of

12  application by the owner of the traps and accompanied by the

13  payment of a fee of $100. The design of the applications and

14  of the trap number shall be determined by the commission. Any

15  trap or device used in taking or attempting to take crawfish,

16  other than a trap with the trap number attached as prescribed

17  in this paragraph, shall be seized and destroyed by the

18  commission. The proceeds of the fees imposed by this paragraph

19  shall be deposited and used as provided in paragraph (b). The

20  commission may adopt is authorized to promulgate rules and

21  regulations to carry out the intent of this section.

22         (b)  Fees collected pursuant to paragraph (a) shall be

23  deposited as follows:

24         1.  Fifty percent of the fees collected shall be

25  deposited in the Marine Resources Conservation Trust Fund for

26  use in enforcing the provisions of paragraph (a) through

27  aerial and other surveillance and trap retrieval.

28         2.  Fifty percent of the fees collected shall be

29  deposited as provided in s. 370.142(6) s. 370.142(5).

30         Section 41.  Subsection (2) of section 370.142, Florida

31  Statutes, is amended, to read:


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  1         370.142  Spiny lobster trap certificate program.--

  2         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

  3  PENALTIES.--The Fish and Wildlife Conservation Commission

  4  shall establish a trap certificate program for the spiny

  5  lobster fishery of this state and shall be responsible for its

  6  administration and enforcement as follows:

  7         (a)  Transferable trap certificates.--Each holder of a

  8  saltwater products license who uses traps for taking or

  9  attempting to take spiny lobsters shall be required to have a

10  certificate on record for each trap possessed or used

11  therefor, except as otherwise provided in this section.

12         1.  The Department of Environmental Protection shall

13  initially allot such certificates to each licenseholder with a

14  current crawfish trap number who uses traps.  The number of

15  such certificates allotted to each such licenseholder shall be

16  based on the trap/catch coefficient established pursuant to

17  trip ticket records generated under the provisions of s.

18  370.06(2)(a) over a 3-year base period ending June 30, 1991.

19  The trap/catch coefficient shall be calculated by dividing the

20  sum of the highest reported single license-year landings up to

21  a maximum of 30,000 pounds for each such licenseholder during

22  the base period by 700,000. Each such licenseholder shall then

23  be allotted the number of certificates derived by dividing his

24  or her highest reported single license-year landings up to a

25  maximum of 30,000 pounds during the base period by the

26  trap/catch coefficient. Nevertheless, no licenseholder with a

27  current crawfish trap number shall be allotted fewer than 10

28  certificates. However, certificates may only be issued to

29  individuals; therefore, all licenseholders other than

30  individual licenseholders shall designate the individual or

31  individuals to whom their certificates will be allotted and


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  1  the number thereof to each, if more than one. After initial

  2  issuance, trap certificates are transferable on a market basis

  3  and may be transferred from one licenseholder to another for a

  4  fair market value agreed upon between the transferor and

  5  transferee. Each such transfer shall, within 72 hours thereof,

  6  be recorded on a notarized form provided for that purpose by

  7  the Fish and Wildlife Conservation Commission and hand

  8  delivered or sent by certified mail, return receipt requested,

  9  to the commission for recordkeeping purposes. In addition, in

10  order to cover the added administrative costs of the program

11  and to recover an equitable natural resource rent for the

12  people of the state, a transfer fee of $2 per certificate

13  transferred shall be assessed against the purchasing

14  licenseholder and sent by money order or cashier's check with

15  the certificate transfer form. Also, in addition to the

16  transfer fee, a surcharge of $5 per certificate transferred or

17  25 percent of the actual market value, whichever is greater,

18  given to the transferor shall be assessed the first time a

19  certificate is transferred outside the original transferor's

20  immediate family. No transfer of a certificate shall be

21  effective until the commission receives the notarized transfer

22  form and the transfer fee, including any surcharge, is paid.

23  The commission may establish by rule an amount of equitable

24  rent per trap certificate that shall be recovered as partial

25  compensation to the state for the enhanced access to its

26  natural resources. Final approval of such a rule shall be by

27  the Governor and Cabinet sitting as the Board of Trustees of

28  the Internal Improvement Trust Fund. In determining whether to

29  establish such a rent and, if so, the amount thereof, the

30  commission shall consider the amount of revenues annually

31  generated by certificate fees, transfer fees, surcharges, trap


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  1  license fees, and sales taxes, the demonstrated fair market

  2  value of transferred certificates, and the continued economic

  3  viability of the commercial lobster industry. The proceeds of

  4  equitable rent recovered shall be deposited in the Marine

  5  Resources Conservation Trust Fund and used by the commission

  6  for research, management, and protection of the spiny lobster

  7  fishery and habitat. A transfer fee may not be assessed or

  8  required when the transfer is within a family as a result of

  9  the death or disability of the certificate owner. A surcharge

10  will not be assessed for any transfer within an individual's

11  immediate family.

12         2.  No person, firm, corporation, or other business

13  entity may control, directly or indirectly, more than 1.5

14  percent of the total available certificates in any license

15  year.

16         3.  The commission shall maintain records of all

17  certificates and their transfers and shall annually provide

18  each licenseholder with a statement of certificates held.

19         4.  The number of trap tags issued annually to each

20  licenseholder shall not exceed the number of certificates held

21  by the licenseholder at the time of issuance, and such tags

22  and a statement of certificates held shall be issued

23  simultaneously.

24         5.  Beginning July 1, 2003, and applicable to the

25  2003-2004 lobster season and thereafter, it is unlawful for

26  any person to lease lobster trap tags or certificates.

27         (b)  Trap tags.--Each trap used to take or attempt to

28  take spiny lobsters in state waters or adjacent federal waters

29  shall, in addition to the crawfish trap number required by s.

30  370.14(2), have affixed thereto an annual trap tag issued by

31  the commission. Each such tag shall be made of durable plastic


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  1  or similar material and shall, based on the number of

  2  certificates held, have stamped thereon the owner's license

  3  number. To facilitate enforcement and recordkeeping, such tags

  4  shall be issued each year in a color different from that of

  5  each of the previous 3 years. The annual certificate fee shall

  6  be $1 per certificate. Replacement tags for lost or damaged

  7  tags may be obtained as provided by rule of the commission.

  8         (c)  Prohibitions; penalties.--

  9         1.  It is unlawful for a person to possess or use a

10  spiny lobster trap in or on state waters or adjacent federal

11  waters without having affixed thereto the trap tag required by

12  this section.  It is unlawful for a person to possess or use

13  any other gear or device designed to attract and enclose or

14  otherwise aid in the taking of spiny lobster by trapping that

15  is not a trap as defined in rule 68B-24.006(2) 46-24.006(2),

16  Florida Administrative Code.

17         2.  It is unlawful for a person to possess or use spiny

18  lobster trap tags without having the necessary number of

19  certificates on record as required by this section.

20         3.  It is unlawful for any person to remove the

21  contents of another harvester's trap without the express

22  written consent of the trap owner available for immediate

23  inspection. Such unauthorized removal constitutes theft. Any

24  person convicted of theft from a trap shall, in addition to

25  the penalties specified in ss. 370.021 and 370.14 and the

26  provisions of this section, permanently lose all his or her

27  saltwater fishing privileges, including his or her saltwater

28  products license, crawfish endorsement, and all trap

29  certificates allotted to him or her through this program. In

30  such cases, trap certificates and endorsements are

31  nontransferable. In addition, any person, firm, or corporation


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  1  convicted of violating this paragraph shall also be assessed

  2  an administrative penalty of up to $5,000. Immediately upon

  3  receiving a citation for a violation involving theft from a

  4  trap and until adjudicated for such a violation or, if

  5  convicted of such a violation, the person, firm, or

  6  corporation committing the violation is prohibited from

  7  transferring any crawfish trap certificates and endorsements.

  8         4.3.  In addition to any other penalties provided in s.

  9  370.021, a commercial harvester, as defined by rule

10  68B-24.002(1) 46-24.002(1), Florida Administrative Code, who

11  violates the provisions of this section, or the provisions

12  relating to traps of chapter 68B-24 46-24, Florida

13  Administrative Code, shall be punished as follows:

14         a.  If the first violation is for violation of

15  subparagraph 1. or subparagraph 2., the commission shall

16  assess an additional civil penalty of up to $1,000 and the

17  crawfish trap number issued pursuant to s. 370.14(2) or (6)

18  may be suspended for the remainder of the current license

19  year. For all other first violations, the commission shall

20  assess an additional civil penalty of up to $500.

21         b.  For a second violation of subparagraph 1. or

22  subparagraph 2. which occurs within 24 months of any previous

23  such violation, the commission shall assess an additional

24  civil penalty of up to $2,000 and the crawfish trap number

25  issued pursuant to s. 370.14(2) or (6) may be suspended for

26  the remainder of the current license year.

27         c.  For a third or subsequent violation of subparagraph

28  1., or subparagraph 2., or subparagraph 3. which occurs within

29  36 months of any previous two such violations, the commission

30  shall assess an additional civil penalty of up to $5,000 and

31  may suspend the crawfish trap number issued pursuant to s.


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  1  370.14(2) or (6) for a period of up to 24 months or may revoke

  2  the crawfish trap number and, if revoking the crawfish trap

  3  number, may also proceed against the licenseholder's saltwater

  4  products license in accordance with the provisions of s.

  5  370.021(2)(i).

  6         d.  Any person assessed an additional civil penalty

  7  pursuant to this section shall within 30 calendar days after

  8  notification:

  9         (I)  Pay the civil penalty to the commission; or

10         (II)  Request an administrative hearing pursuant to the

11  provisions of s. 120.60.

12         e.  The commission shall suspend the crawfish trap

13  number issued pursuant to s. 370.14(2) or (6) for any person

14  failing to comply with the provisions of sub-subparagraph d.

15         5.4.a.  It is unlawful for any person to make, alter,

16  forge, counterfeit, or reproduce a spiny lobster trap tag or

17  certificate.

18         b.  It is unlawful for any person to knowingly have in

19  his or her possession a forged, counterfeit, or imitation

20  spiny lobster trap tag or certificate.

21         c.  It is unlawful for any person to barter, trade,

22  sell, supply, agree to supply, aid in supplying, or give away

23  a spiny lobster trap tag or certificate or to conspire to

24  barter, trade, sell, supply, aid in supplying, or give away a

25  spiny lobster trap tag or certificate unless such action is

26  duly authorized by the commission as provided in this chapter

27  or in the rules of the commission.

28         6.5.a.  Any person who violates the provisions of

29  subparagraph 5. subparagraph 4., or any person who engages in

30  the commercial harvest, trapping, or possession of spiny

31  lobster without a crawfish trap number as required by s.


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  1  370.14(2) or (6) or during any period while such crawfish trap

  2  number is under suspension or revocation, commits a felony of

  3  the third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.

  5         b.  In addition to any penalty imposed pursuant to

  6  sub-subparagraph a., the commission shall levy a fine of up to

  7  twice the amount of the appropriate surcharge to be paid on

  8  the fair market value of the transferred certificates, as

  9  provided in subparagraph (a)1., on any person who violates the

10  provisions of sub-subparagraph 5.c 4.c.

11         7.6.  Any certificates for which the annual certificate

12  fee is not paid for a period of 3 years shall be considered

13  abandoned and shall revert to the commission. During any

14  period of trap reduction, any certificates reverting to the

15  commission shall become permanently unavailable and be

16  considered in that amount to be reduced during the next

17  license-year period. Otherwise, any certificates that revert

18  to the commission are to be reallotted in such manner as

19  provided by the commission.

20         8.7.  The proceeds of all civil penalties collected

21  pursuant to subparagraph 4. subparagraph 3. and all fines

22  collected pursuant to sub-subparagraph 6.b. sub-subparagraph

23  5.b. shall be deposited into the Marine Resources Conservation

24  Trust Fund.

25         9.8.  All traps shall be removed from the water during

26  any period of suspension or revocation.

27         (d)  No vested rights.--The trap certificate program

28  shall not create vested rights in licenseholders whatsoever

29  and may be altered or terminated as necessary to protect the

30  spiny lobster resource, the participants in the fishery, or

31  the public interest.


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  1         Section 42.  Subsections (2), (3), and (4) of section

  2  370.143, Florida Statutes, are amended to read:

  3         370.143  Retrieval of lobster and stone crab traps

  4  during closed season; commission authority; fees.--

  5         (2)  A retrieval fee of $10 per trap retrieved shall be

  6  assessed trap owners.  However, for persons holding a stone

  7  crab endorsement issued under rule of the Fish and Wildlife

  8  Conservation Commission, the retrieval fee shall be waived for

  9  the first five traps retrieved. Traps recovered under this

10  program shall become the property of the commission or its

11  contract agent, as determined by the commission, and shall be

12  either destroyed or resold to the original owner.  Revenue

13  from retrieval fees shall be deposited in the Marine Resources

14  Conservation Trust Fund and used solely for operation of the

15  trap retrieval program.

16         (3)  Payment of all the assessed retrieval fees fee

17  shall be required prior to renewal of the trap owner's

18  saltwater products license and stone crab and or crawfish

19  endorsements trap number as a condition of number renewal.

20  Retrieval fees assessed under this program shall stand in lieu

21  of other penalties imposed for such trap violations.

22         (4)  In the event of a major natural disaster in an

23  area declared by the Governor to be a disaster emergency area,

24  such as a hurricane or major storm causing massive trap

25  losses, the commission shall waive the trap retrieval fee.

26         Section 43.  Subsection (4) of section 370.15, Florida

27  Statutes, is amended to read:

28         370.15  Shrimp; regulation.--

29         (4)  SHRIMP TRAWLING.--All persons, firms, and

30  corporations desiring to trawl for shrimp within areas in

31  which trawling is permitted shall have a noncommercial trawl


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  1  or net registration or purchase a saltwater products license

  2  issued to a valid boat registration or in the name of an

  3  individual pursuant to s. 370.06.  The saltwater products

  4  license shall remain on board at all times and is subject to

  5  immediate revocation upon conviction for violation of this

  6  section or when it becomes apparent that the best interests of

  7  saltwater conservation will be served by such action.  A

  8  noncommercial trawl or net registration must be issued to each

  9  net used to take shrimp for noncommercial purposes.  Such net

10  or trawl shall have a corkline measurement of 16 feet or less.

11  Possession of shrimp under a noncommercial registration is

12  limited to 25 pounds while on the water.  Due to the varied

13  habitats and types of bottoms and hydrographic conditions

14  embraced by the open fishing area, the commission shall have

15  the authority to specify and regulate the types of gear that

16  may be used in the different sections of the open areas.

17         Section 44.  Subsections (4) and (5) of section

18  370.153, Florida Statutes, are amended to read:

19         370.153  Regulation of shrimp fishing; Clay, Duval,

20  Nassau, Putnam, Flagler, and St. Johns Counties.--

21         (4)  DEAD SHRIMP PRODUCTION.--Any person may operate as

22  a commercial dead shrimp producer provided that:

23         (a)  A dead shrimp production permit is procured from

24  the Fish and Wildlife Conservation Commission upon the receipt

25  by the commission of a properly filled out and approved

26  application by a person intending to use a boat, not to exceed

27  35 feet in length in Duval, St. Johns, Putnam, and Clay

28  Counties, and not to exceed 45 feet in length in Nassau

29  County, for dead shrimp production within the inland waters of

30  Nassau County and the inland waters of the St. Johns River of

31  Duval, Putnam, St. Johns, Flagler, or Clay Counties, which


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  1  permit shall cost $250 and shall be required for each vessel

  2  used for dead shrimp production. The design of the application

  3  and permit shall be determined by the Fish and Wildlife

  4  Conservation Commission. The proceeds of the fees imposed by

  5  this paragraph shall be deposited into the account of the

  6  Marine Resources Conservation Trust Fund to be used by the

  7  commission for the purpose of enforcement of marine resource

  8  laws.

  9         (b)  All commercial trawling in the St. Johns River

10  proper shall be restricted to the area north of the Acosta

11  Bridge in Jacksonville and at least 100 yards from the nearest

12  shoreline.

13         (c)  All commercial shrimping activities shall be

14  allowed during daylight hours from Tuesday through Friday each

15  week.

16         (d)  No person holding a dead shrimp production permit

17  issued pursuant to this subsection shall simultaneously hold a

18  permit for noncommercial trawling under the provisions of

19  subsection (5).  The number of permits issued by the

20  commission for commercial trawling or dead shrimp production

21  in any one year shall be limited to those active the number

22  issued in the base year, 1976, and renewed annually since

23  1976.  All permits for dead shrimp production issued pursuant

24  to this section shall be inheritable or transferable to an

25  immediate family member and annually renewable by the holder

26  thereof.  Such inheritance or transfer shall be valid upon

27  being registered with the commission. Each permit All permits

28  not renewed shall expire and shall not be renewed under any

29  circumstances.

30         (e)  It is illegal for any person to sell dead shrimp

31  caught in the inland waters of Nassau, Duval, Clay, Putnam,


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  1  and St. Johns Counties, unless the seller is in possession of

  2  a dead shrimp production license issued pursuant to this

  3  subsection.

  4         (f)  It is illegal for any person to purchase shrimp

  5  for consumption or bait from any seller (with respect to

  6  shrimp caught in the inland waters of Nassau, Duval, Clay,

  7  Putnam, and St. Johns Counties (St. Johns River)) who does not

  8  produce his or her dead shrimp production license prior to the

  9  sale of the shrimp.

10         (g)  In addition to any other penalties provided for in

11  this section, any person who violates the provisions of this

12  subsection shall have his or her license revoked by the

13  commission.

14         (h)  The commission shall rename the Dead Shrimp

15  Production License as the Commercial Food Shrimp Production

16  License.

17         (5)  NONCOMMERCIAL TRAWLING.--If noncommercial trawling

18  is authorized by the Fish and Wildlife Conservation

19  Commission, any person may trawl for harvest shrimp in the St.

20  Johns River for his or her own use as food and may trawl for

21  such shrimp under the following conditions:

22         (a)  Each person who desires to trawl for shrimp for

23  use as food shall obtain a noncommercial trawling permit from

24  the local office of the Fish and Wildlife Conservation

25  Commission upon filling out an application on a form

26  prescribed by the commission and upon paying a fee for the

27  permit, which shall cost $50.

28         (b)  All trawling shall be restricted to the confines

29  of the St. Johns River proper in the area north of the Acosta

30  Bridge in Jacksonville and at least 100 yards from the nearest

31  shoreline.


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  1         (c)  No shrimp caught by a person licensed under the

  2  provisions of this subsection may be sold or offered for sale.

  3         Section 45.  Section 370.25, Florida Statutes, is

  4  amended to read:

  5         (Substantial rewording of section. See

  6         s. 370.25, F.S., for present text.)

  7         370.25  Artificial reef program; grants and financial

  8  and technical assistance to local governments.--

  9         (1)  An artificial reef program is created within the

10  Fish and Wildlife Conservation Commission to enhance saltwater

11  opportunities and to promote proper management of fisheries

12  resources associated with artificial reefs for the public

13  interest. Under the program, the commission may provide grants

14  and financial and technical assistance to coastal local

15  governments and nonprofit corporations qualified under s.

16  501(c)(3) of the Internal Revenue Code for the siting and

17  development of artificial reefs as well as for monitoring and

18  evaluating their recreational, economic, and biological

19  effectiveness. The program may be funded from state, federal,

20  and private contributions.

21         (2)  The commission may adopt by rule procedures for

22  submitting an application for financial assistance and

23  criteria for allocating available funds.

24         (3)  The commission may adopt by rule criteria for

25  siting, constructing, managing, and evaluating the

26  effectiveness of artificial reefs placed in state or adjacent

27  federal waters, consistent with this section.

28         (4)  The commission may adopt by rule criteria for

29  determining the eligibility of nonprofit corporations

30  qualified under s. 501(c)(3) of the Internal Revenue Code to

31  apply for and receive funds available for artificial reef


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  1  development or evaluation. The criteria must include, but are

  2  not limited to, the following:

  3         (a)  The corporation must show proof that it is a

  4  nonprofit corporation qualified under s. 501(c)(3) of the

  5  Internal Revenue Code.

  6         (b)  The corporation must state in its articles of

  7  incorporation or bylaws that one of its objectives is the

  8  development or monitoring of artificial reefs.

  9         (5)  The commission's artificial reef program shall

10  track all artificial-reef-development activities statewide,

11  and maintain a computer database of these activities for the

12  public interest and to facilitate long-range planning and

13  coordination within the commission and among local

14  governments.

15         (6)  It is unlawful for any person to:

16         (a)  Place artificial-reef-construction materials in

17  state water outside zones permitted under the terms and

18  conditions defined in any artificial-reef permits issued by

19  the United States Army Corps of Engineers or by the Fish and

20  Wildlife Conservation Commission.

21         (b)  Store, possess, or transport on or across state

22  waters any materials reasonably suited for artificial-reef

23  construction and stored in a manner providing ready access for

24  use and placement as an artificial reef, unless a valid cargo

25  manifest issued by the commission or a commission-certified

26  inspector is onboard the transporting vessel.  The manifest

27  will serve as authorization to use a valid permitted site or

28  land-based staging area, will validate that the type of

29  artificial-reef construction material being transported is

30  permissible for use at the permitted site, and will describe

31  and quantify the artificial-reef material being


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  1  transported.  The manifest will also include the latitude and

  2  longitude coordinates of the proposed deployment location, the

  3  valid permit number, and a copy of the permit conditions for

  4  the permitted site.  The manifest must be available for

  5  inspection by any authorized law enforcement officer or

  6  commission employee.

  7         (7)(a)  An initial violation of subsection (6) is a

  8  misdemeanor of the first degree, punishable as provided in s.

  9  775.082 or s. 775.083. A subsequent violation of subsection

10  (6) which is committed within 12 months after a previous

11  violation of that subsection is a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         (b)  If a violation of subsection (6) occurs, a law

15  enforcement officer may terminate a vessel's voyage and order

16  the vessel operator to return immediately to port. Failure or

17  refusal to comply with an order to return to port constitutes

18  a felony of the third degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.  The vessel operator must

20  immediately dispose of the materials on shore according to

21  applicable waste disposal laws.

22         (c)  If, at the time of the violation, the vessel that

23  is involved in the violation:

24         1.  Is moored at a land-based facility, the registered

25  owner of the vessel is responsible for the violation.

26         2.  Is underway or anchored, the captain or operator of

27  the vessel and the registered owner of the vessel are jointly

28  responsible for the violation.

29         (d)  In addition to the penalties imposed in this

30  subsection, the commission shall assess civil penalties of up

31  to $5,000 against any person convicted of violating subsection


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  1  (6) and may seek the suspension or revocation of the vessel

  2  registration, existing reef-construction permits, or other

  3  state marine licenses held by the violator. For the purposes

  4  of this section, conviction includes any judicial disposition

  5  other than acquittal or dismissal.

  6         Section 46.  (1)  The sum of $97,049 is appropriated

  7  from the commercial revenues in the Marine Resources

  8  Conservation Trust Fund to the Fish and Wildlife Conservation

  9  Commission for fiscal year 2000-2001, for four career service

10  positions that are authorized for the commission to implement

11  the stone crab trap limitation program. This appropriation

12  shall be made after funds have been distributed pursuant to

13  section 328.76(2)(b), Florida Statutes.

14         (2)  The sum of $254,408 is appropriated from the

15  commercial revenues in the Marine Resources Conservation Trust

16  Fund to the Fish and Wildlife Conservation Commission for

17  program operation, plus the sum of $130,000 to cover the cost

18  of stone crab trap tags in fiscal year 2000-2001, in order to

19  implement the stone crab trap limitation program in fiscal

20  year 2001-2002. This appropriation shall be made after funds

21  have been distributed pursuant to section 328.76(2)(b),

22  Florida Statutes.

23         Section 47.  Subsection (1) of section 190.012, Florida

24  Statutes, is amended to read:

25         190.012  Special powers; public improvements and

26  community facilities.--The district shall have, and the board

27  may exercise, subject to the regulatory jurisdiction and

28  permitting authority of all applicable governmental bodies,

29  agencies, and special districts having authority with respect

30  to any area included therein, any or all of the following

31


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  1  special powers relating to public improvements and community

  2  facilities authorized by this act:

  3         (1)  To finance, fund, plan, establish, acquire,

  4  construct or reconstruct, enlarge or extend, equip, operate,

  5  and maintain systems, facilities, and basic infrastructures

  6  for the following:

  7         (a)  Water management and control for the lands within

  8  the district and to connect some or any of such facilities

  9  with roads and bridges.

10         (b)  Water supply, sewer, and wastewater management,

11  reclamation, and reuse or any combination thereof, and to

12  construct and operate connecting intercepting or outlet sewers

13  and sewer mains and pipes and water mains, conduits, or

14  pipelines in, along, and under any street, alley, highway, or

15  other public place or ways, and to dispose of any effluent,

16  residue, or other byproducts of such system or sewer system.

17         (c)  Bridges or culverts that may be needed across any

18  drain, ditch, canal, floodway, holding basin, excavation,

19  public highway, tract, grade, fill, or cut and roadways over

20  levees and embankments, and to construct any and all of such

21  works and improvements across, through, or over any public

22  right-of-way, highway, grade, fill, or cut.

23         (d)1.  District roads equal to or exceeding the

24  specifications of the county in which such district roads are

25  located, and street lights.

26         2.  Buses, trolleys, transit shelters, ridesharing

27  facilities and services, parking improvements, and related

28  signage.

29         (e)  Investigation and remediation costs associated

30  with the cleanup of actual or perceived environmental

31  contamination within the district under the supervision or


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  1  direction of a competent governmental authority unless the

  2  covered costs benefit any person who is a landowner within the

  3  district and who caused or contributed to the contamination.

  4         (f)(e)  Conservation areas, mitigation areas, and

  5  wildlife habitat, including the maintenance of any plant or

  6  animal species, and any related interest in real or personal

  7  property.

  8         (g)(f)  Any other project within or without the

  9  boundaries of a district when a local government issued a

10  development order pursuant to s. 380.06 or s. 380.061

11  approving or expressly requiring the construction or funding

12  of the project by the district, or when the project is the

13  subject of an agreement between the district and a

14  governmental entity and is consistent with the local

15  government comprehensive plan of the local government within

16  which the project is to be located.

17         Section 48.  Notwithstanding any other law, the

18  Legislature intends that this act represent its full and total

19  intent with respect to legislation dealing with the same

20  subject matter as this act at the same legislative session.

21         Section 49.  This act shall take effect July 1, 2000.

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