Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1316
                        Barcode 900558
                            CHAMBER ACTION
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11  The Committee on Environmental Preservation (Argenziano)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 23, between lines 13 and 14,
16  
17  insert:  
18         Section 12.  Subsection (1) of section 253.002, Florida
19  Statutes, is amended to read:
20         253.002  Department of Environmental Protection, water
21  management districts, and Department of Agriculture and
22  Consumer Services; duties with respect to state lands.--
23         (1)  The Department of Environmental Protection shall
24  perform all staff duties and functions related to the
25  acquisition, administration, and disposition of state lands,
26  title to which is or will be vested in the Board of Trustees
27  of the Internal Improvement Trust Fund. However, upon the
28  effective date of rules adopted pursuant to s. 373.427, a
29  water management district created under s. 373.069 shall
30  perform the staff duties and functions related to the review
31  of any application for authorization to use board of
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1316 Barcode 900558 1 trustees-owned submerged lands necessary for an activity 2 regulated under part IV of chapter 373 for which the water 3 management district has permitting responsibility as set forth 4 in an operating agreement adopted pursuant to s. 373.046(4); 5 and effective July 1, 2000, the Department of Agriculture and 6 Consumer Services shall perform the staff duties and functions 7 related to the review of applications and compliance with 8 lease conditions for use of board of trustees-owned submerged 9 lands under authorizations or leases issued pursuant to ss. 10 253.67-253.75 and 597.010. Unless expressly prohibited by law, 11 the board of trustees may delegate to the department any 12 statutory duty or obligation relating to the acquisition, 13 administration, or disposition of lands, title to which is or 14 will be vested in the board of trustees. The board of trustees 15 may also delegate to any water management district created 16 under s. 373.069 the authority to take final agency action, 17 without any action on behalf of the board, on applications for 18 authorization to use board of trustees-owned submerged lands 19 for any activity regulated under part IV of chapter 373 for 20 which the water management district has permitting 21 responsibility as set forth in an operating agreement adopted 22 pursuant to s. 373.046(4). This water management district 23 responsibility under this subsection shall be subject to the 24 department's general supervisory authority pursuant to s. 25 373.026(7). The board of trustees may also delegate to the 26 Department of Agriculture and Consumer Services the authority 27 to take final agency action on behalf of the board on 28 applications to use board of trustees-owned submerged lands 29 for any activity for which that department has responsibility 30 pursuant to ss. 253.67-253.75 and 597.010. However, the board 31 of trustees shall retain the authority to take final agency 2 12:50 PM 04/14/05 s1316c1c-ep03-c7g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1316 Barcode 900558 1 action on establishing any areas for leasing, new leases, 2 expanding existing lease areas, or changing the type of lease 3 activity in existing leases. Upon issuance of an aquaculture 4 lease or other real property transaction relating to 5 aquaculture, the Department of Agriculture and Consumer 6 Services must send a copy of the document and the accompanying 7 survey to the Department of Environmental Protection. 8 Section 13. Section 253.67, Florida Statutes, is 9 amended to read: 10 253.67 Definitions.--As used in ss. 253.67-253.75: 11 (1) "Aquaculture" means the cultivation of aquatic and 12 associated organisms. 13 (2) "Aquaculture activity" means an activity as 14 determined by board rule, which is related to the production 15 of aquaculture products, including activities related to 16 harvesting, sorting, grading, holding, storing, and 17 transporting such products, and activities pertaining to 18 aquaculture support docks. 19 (3)(2) "Board" means the Board of Trustees of the 20 Internal Improvement Trust Fund. 21 (4)(3) "Department" means the Department of 22 Agriculture and Consumer Services. 23 (5)(4) "Water column" means the vertical extent of 24 water, including the surface thereof, above a designated area 25 of submerged bottom land. 26 Section 14. Section 253.68, Florida Statutes, is 27 amended to read: 28 253.68 Authority to lease submerged land and water 29 column.-- 30 (1) To the extent that it is not contrary to the 31 public interest, and subject to limitations contained in ss. 3 12:50 PM 04/14/05 s1316c1c-ep03-c7g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1316 Barcode 900558 1 253.67-253.75, the board of trustees may lease or authorize 2 the use of submerged lands to which it has title for the 3 conduct of aquaculture activities and grant exclusive use of 4 the bottom and the water column to the extent required by such 5 activities. Such authorizations or leases may permit 6 authorize use of the submerged land and water column for 7 either commercial or experimental purposes. However, a 8 resolution of objection adopted by a majority of the county 9 commission of a county within whose boundaries the proposed 10 leased area would lie, if the boundaries were extended to the 11 extent of the interest of the state, may be filed with the 12 board of trustees within 30 days of the date of the first 13 publication of notice as required by s. 253.70. Prior to the 14 granting of any such authorizations or leases, the board 15 shall, by rule, establish and publish a list of guidelines to 16 be followed when considering applications for authorizations 17 or lease. Such guidelines shall be designed to protect the 18 public's interest in submerged lands and the publicly owned 19 water column. 20 (2)(a) The Legislature finds that the state's ability 21 to supply fresh seafood and other aquaculture products has 22 been diminished by a combination of factors, including a 23 diminution of the resources and restrictions on the harvest of 24 certain marine species. The Legislature declares that it is 25 in the state's economic, resource enhancement, and food 26 production interests to promote aquaculture production of food 27 and nonfood aquatic species by facilitating the review and 28 approval processes for authorizing the use of leasing 29 sovereignty submerged land or the water column; simplifying 30 environmental permitting; supporting educational, research, 31 and demonstration programs; and assisting certain local 4 12:50 PM 04/14/05 s1316c1c-ep03-c7g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1316 Barcode 900558 1 governments to develop aquaculture as a means to promote 2 economic development. The Legislature declares that 3 aquaculture shall be recognized as a practicable resource 4 management alternative to produce marine aquaculture products, 5 to protect and conserve natural resources, to reduce 6 competition for natural stocks, and to augment and restore 7 natural populations. Therefore, for the purpose of this 8 section, the Legislature declares that aquaculture is in the 9 public interest. 10 (b) It shall be the policy of the state to foster 11 aquaculture development when the aquaculture activity is 12 consistent with state resource management goals, environmental 13 protection, proprietary interests, and the state aquaculture 14 plan. 15 Section 15. Section 253.74, Florida Statutes, is 16 amended to read: 17 253.74 Penalties.-- 18 (1) Any person who conducts aquaculture activities in 19 excess of those authorized by lease agreement with the board 20 or who conducts such activities on state-owned submerged lands 21 without having previously obtained board authorization is 22 leased the same shall be guilty of a misdemeanor and subject 23 to imprisonment for not more than 6 months or fine of not more 24 than $1,000, or both. In addition to such fine and 25 imprisonment, all works, improvements, animal and plant life 26 involved in the project, may be forfeited to the state. 27 (2) Any person who is found by the department to have 28 violated the provisions of chapter 403 or chapter 597 is shall 29 be subject to having his or her lease of state-owned submerged 30 lands canceled. 31 Section 16. Subsection (1) of section 253.75, Florida 5 12:50 PM 04/14/05 s1316c1c-ep03-c7g
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1316 Barcode 900558 1 Statutes, is amended to read: 2 253.75 Studies and recommendations by the department 3 and the Fish and Wildlife Conservation Commission; designation 4 of recommended traditional and other use zones; supervision of 5 aquaculture operations.-- 6 (1) Prior to the granting of any authorization lease 7 under this act, the board shall request comments by the Fish 8 and Wildlife Conservation Commission when the application 9 relates to bottom land covered by fresh or salt water. Such 10 comments shall be based on such factors as an assessment of 11 the probable effect of the proposed use lease on the 12 conservation of fish or wildlife or other programs under the 13 constitutional or statutory authority of the Fish and Wildlife 14 Conservation Commission. 15 16 (Redesignate subsequent sections.) 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 3, line 12, after the semicolon, 22 23 insert: 24 amending s. 253.002, F.S.; clarifying 25 provisions; amending s. 253.67, F.S.; providing 26 definitions; amending s. 253.68, F.S.; 27 conforming provisions; amending s. 253.74, 28 F.S.; conforming provisions; providing a 29 penalty; amending s. 253.75, F.S.; conforming 30 provisions; 31 6 12:50 PM 04/14/05 s1316c1c-ep03-c7g