Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1980
Barcode 651684
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Operations (Lawson) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 20, between lines 26 and 27,
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17 insert:
18 Section 10. Section 370.1405, Florida Statutes, is
19 amended to read:
20 370.1405 Spiny lobster Crawfish reports by dealers
21 during closed season required.--
22 (1) Within 3 days after the commencement of the closed
23 season for the taking of spiny lobster saltwater crawfish,
24 each and every seafood dealer, either retail or wholesale,
25 intending to possess whole spiny lobster crawfish, spiny
26 lobster crawfish tails, or spiny lobster crawfish meat during
27 closed season shall submit to the Fish and Wildlife
28 Conservation Commission, on forms provided by the commission,
29 a sworn report of the quantity, in pounds, of saltwater whole
30 spiny lobster crawfish, spiny lobster crawfish tails, and
31 spiny lobster crawfish meat in the dealer's name or possession
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5:55 PM 04/10/07 s1980.go06.008
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1980
Barcode 651684
1 as of the date the season closed. This report shall state the
2 location and number of pounds of whole spiny lobster crawfish,
3 spiny lobster crawfish tails, and spiny lobster crawfish meat.
4 The commission shall not accept any reports not delivered or
5 postmarked by midnight of the 3rd calendar day after the
6 commencement of the closed season, and any stocks of spiny
7 lobster crawfish reported therein are declared a nuisance and
8 may be seized by the commission.
9 (2) Failure to submit a report as described in
10 subsection (1) or reporting a greater or lesser amount of
11 whole spiny lobster crawfish, spiny lobster crawfish tails, or
12 spiny lobster crawfish meat than is actually in the dealer's
13 possession or name is a major violation of this chapter,
14 punishable as provided in s. 370.021(1), s. 370.07(6)(b), or
15 both. The commission shall seize the entire supply of
16 unreported or falsely reported whole spiny lobster crawfish,
17 spiny lobster crawfish tails, or spiny lobster crawfish meat,
18 and shall carry the same before the court for disposal. The
19 dealer shall post a cash bond in the amount of the fair value
20 of the entire quantity of unreported or falsely reported spiny
21 lobster crawfish as determined by the judge. After posting the
22 cash bond, the dealer shall have 24 hours to transport said
23 products outside the limits of Florida for sale as provided by
24 s. 370.061. Otherwise, the product shall be declared a
25 nuisance and disposed of by the commission according to law.
26 (3) All dealers having reported stocks of spiny
27 lobster crawfish may sell or offer to sell such stocks of
28 spiny lobster crawfish; however, such dealers shall submit an
29 additional report on the last day of each month during the
30 duration of the closed season. Reports shall be made on forms
31 supplied by the commission. Each dealer shall state on this
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5:55 PM 04/10/07 s1980.go06.008
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1980
Barcode 651684
1 report the number of pounds brought forward from the previous
2 report period, the number of pounds sold during the report
3 period, the number of pounds, if any, acquired from a licensed
4 wholesale dealer during the report period, and the number of
5 pounds remaining on hand. In every case, the amount of spiny
6 lobster crawfish sold plus the amount reported on hand shall
7 equal the amount acquired plus the amount reported remaining
8 on hand in the last submitted report. Copies of records or
9 invoices documenting the number of pounds acquired during the
10 closed season must be maintained by the wholesale or retail
11 dealer and shall be kept available for inspection by the
12 commission for a period not less than 3 years from the date of
13 the recorded transaction. Reports postmarked later than
14 midnight on the 3rd calendar day of each month during the
15 duration of the closed season will not be accepted by the
16 commission. Dealers for which late supplementary reports are
17 not accepted by the commission must show just cause why their
18 entire stock of whole spiny lobster crawfish, spiny lobster
19 crawfish tails, or spiny lobster crawfish meat should not be
20 seized by the commission. Whenever a dealer fails to timely
21 submit the monthly supplementary report as described in this
22 subsection, the dealer may be subject to the following civil
23 penalties:
24 (a) For a first violation, the commission shall assess
25 a civil penalty of $500.
26 (b) For a second violation within the same spiny
27 lobster crawfish closed season, the commission shall assess a
28 civil penalty of $1,000.
29 (c) For a third violation within the same spiny
30 lobster crawfish closed season, the commission shall assess a
31 civil penalty of $2,500 and may seize said dealer's entire
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5:55 PM 04/10/07 s1980.go06.008
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1980
Barcode 651684
1 stock of whole spiny lobster crawfish, spiny lobster crawfish
2 tails, or spiny lobster crawfish meat and carry the same
3 before the court for disposal. The dealer shall post a cash
4 bond in the amount of the fair value of the entire remaining
5 quantity of spiny lobster crawfish as determined by the judge.
6 After posting the cash bond, a dealer shall have 24 hours to
7 transport said products outside the limits of Florida for sale
8 as provided by s. 370.061. Otherwise, the product shall be
9 declared a nuisance and disposed of by the commission
10 according to law.
11 (4) All seafood dealers shall at all times during the
12 closed season make their stocks of whole spiny lobster
13 crawfish, spiny lobster crawfish tails, or spiny lobster
14 crawfish meat available for inspection by the commission.
15 (5) Each wholesale and retail dealer in whole spiny
16 lobster crawfish, spiny lobster crawfish tails, or spiny
17 lobster crawfish meat shall keep throughout the period of the
18 spiny lobster crawfish closed season copies of the bill of
19 sale or invoice covering each transaction involving whole
20 spiny lobster crawfish, spiny lobster crawfish tails, or spiny
21 lobster crawfish meat. Such invoices and bills shall be kept
22 available at all times for inspection by the commission.
23 (6) The Fish and Wildlife Conservation Commission may
24 adopt rules incorporating by reference such forms as are
25 necessary to administer this section.
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 On page 2, line 24 and 25, delete those lines
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1980
Barcode 651684
1 and insert:
2 management program costs; amending ss. 370.14,
3 370.1405, and 370.142, F.S.; clarifying
4 provisions
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