HB 0655 2003
   
1 CHAMBER ACTION
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6          The Committee on Finance & Tax recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to Brevard County; amending chapter 94-
12    419, Laws of Florida, as amended by chapter 2000-451, Laws
13    of Florida; revising provisions relating to license term;
14    revising provisions relating to fees; revising provisions
15    relating to the limitation on the issuance of licenses;
16    revising provisions relating to the use of proceeds from
17    the collection of licensing fees; providing an expiration
18    date; providing an effective date.
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20          Be It Enacted by the Legislature of the State of Florida:
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22          Section 1. Subsections (1), (3), (4), and (7) of section 2
23    and sections 5 and 12 of section 1 of chapter 2000-451, Laws of
24    Florida, are amended to read:
25          Section 2. (1) The Fish and Wildlife Conservation
26    Commission shall issue a resident or nonresident clam license
27    during a 61-day period beginning June 1 of each year, except
28    that in 1994 the 61-day period shall begin on the effective date
29    of this act. The term of the license begins on July 1 of the
30    purchase year and ends on June 30 of the followingthird
31    succeeding year. The fee for a resident license is $100$300,
32    and the fee for a nonresident license is $400$1,200. The
33    license is valid only for the individual licensee to whom it is
34    issued. The nonresident license must be readily distinguishable
35    from the resident license.
36          (3) A license may be purchased after the annual 61-day
37    license issuance period upon the payment of an additional $400
38    $1,200late fee to the commission.
39          (4) Beginning June 1, 1996, no new clam licenses shall be
40    issued by the Department of Environmental Protection or the Fish
41    and Wildlife Conservation Commission until the total number of
42    active and renewed clam licenses for Brevard County falls below
43    400500for the previous license year. In any year thereafter,
44    the commission may issue such additional new licenses to bring
45    the total number of licenses issued for Brevard County up to a
46    maximum of 400500.
47          (7) On July 1 of each year, the Fish and Wildlife
48    Conservation Commission will determine if the total number of
49    licenses has fallen below 400500. If so, the commission may
50    issue new licenses under the following stipulations:
51          (a) First priority will be given to current Brevard County
52    Hard Clam License holders who have missed one of the required
53    educational seminars. Applicants will have a 60-day period
54    beginning July 1 to apply for a new license and complete the
55    missed educational seminar.
56          (b) Second priority will be given to past Brevard County
57    Hard Clam License holders under this act. Applicants will have a
58    60-day period beginning September 1 to apply for a new license
59    and complete all missed educational seminars.
60          (c) Final priority will be on a first-come first-served
61    basis. Applicants will have a 60-day period beginning November 1
62    to apply for a new license and complete all educational
63    seminars.
64          (d) New licenses will not be issued between January 1 and
65    June 30 of any year.
66          Section 5. The Fish and Wildlife Conservation Commission
67    shall remit the proceeds from the clam licenses and late fees to
68    the Department of Agriculture and Consumer Services less any
69    reasonable administrative costs associated with the issuance of
70    said license.The proceeds from the collection of license fees
71    or civil penalties under this act, including any late fees, are
72    to be deposited in the General Inspection Trust Fund of the
73    Department of Agriculture and Consumer Services and, less
74    reasonable administrative and educational costs, must be
75    appropriated for the initial testing and reclassification of
76    shellfish-harvesting waters in Brevard County. A portion of the
77    proceeds, not more than 40 percent, must be used to mark those
78    open and closed waters of Brevard County until all such waters
79    are so marked. An additional portion of the proceeds must be
80    used for clam resource restoration and enhancement projects in
81    various areas of benefit to and in coordination with the Brevard
82    County clamming industry.
83          Section 12. This act shall expire July 1, 20082003.
84          Section 2. This act shall take effect upon becoming a law.