Senate Bill 0186e1

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    CS for SB 186                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to environmental

  3         reorganization; amending s. 20.255, F.S.;

  4         providing for the divisions and special offices

  5         in the Department of Environmental Protection;

  6         deleting outdated provisions relating to review

  7         of orders and rules in effect before 1994;

  8         transferring and renumbering s. 370.0205, F.S.;

  9         providing requirements for citizen support

10         organizations for the Department of

11         Environmental Protection; amending s. 20.331,

12         F.S.; providing requirements for the Fish and

13         Wildlife Conservation Commission when adopting

14         rules; amending ss. 161.031, 161.36, F.S.;

15         authorizing the Department of Environmental

16         Protection to retain specific powers; amending

17         s. 259.101, F.S.; providing for the receipt of

18         funds by the Fish and Wildlife Conservation

19         Commission; amending s. 270.22, F.S.; providing

20         for certain fees to be deposited into the

21         General Inspection Trust Fund of the Department

22         of Agriculture and Consumer Services; amending

23         s. 288.109, F.S.; identifying agencies

24         participating in the one-stop permitting

25         system; amending s. 327.04, F.S.; providing

26         rulemaking authority to the Fish and Wildlife

27         Conservation Commission; amending s. 327.41,

28         F.S.; providing for the issuance of permits by

29         the Fish and Wildlife Conservation Commission;

30         amending s. 327.54, F.S., requiring the lessee

31         of a personal watercraft to receive instruction


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  1         by the Fish and Wildlife Conservation

  2         Commission; amending s. 328.72, F.S.; providing

  3         for the distribution of funds by the Fish and

  4         Wildlife Conservation Commission; amending s.

  5         370.021, F.S.; providing penalties for

  6         violation of rules relating to marine

  7         resources; transferring and renumbering s.

  8         370.041, F.S., as s. 161.242, F.S.; amending s.

  9         370.07, F.S.; transferring specific regulatory

10         powers from the Department of Environmental

11         Protection to the Fish and Wildlife

12         Conservation Commission and the Department of

13         Agriculture and Consumer Services; providing

14         for the deposit of certain funds in the General

15         Inspection Trust Fund of the Department of

16         Agriculture and Consumer Services; deleting the

17         authority of the Department of Revenue to adopt

18         emergency rules for the Apalachicola Bay Oyster

19         Surcharge; amending s. 370.101, F.S.; providing

20         for certain saltwater fish regulations to be

21         established by the Fish and Wildlife

22         Conservation Commission; amending s. 370.11,

23         F.S.; providing for issuance of permits by the

24         Fish and Wildlife Conservation Commission;

25         amending s. 370.1107, F.S.; clarifying the

26         meaning of the term "licensed saltwater

27         fisheries trap"; amending s. 370.13, F.S.;

28         providing for the regulation of stone crabs;

29         amending s. 370.1405, F.S.; providing for

30         reports on crawfish by dealers; amending s.

31         370.25, F.S.; deleting a provision conferring


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  1         joint responsibility on the captain or operator

  2         of a vessel and the registered owner of the

  3         vessel for violations while underway;

  4         transferring responsibilities for the

  5         artificial reef program to the Fish and

  6         Wildlife Conservation Commission; amending s.

  7         372.021, F.S.; prescribing powers and duties of

  8         the Fish and Wildlife Conservation Commission;

  9         amending s. 372.05, F.S.; prescribing duties of

10         the executive director of the commission;

11         amending s. 372.07, F.S.; prescribing police

12         powers of the executive director of the

13         commission; amending s. 372.105, F.S.;

14         clarifying the regulation of saltwater life;

15         revising the deposit of specified funds;

16         amending s. 372.121, F.S.; providing for

17         management of certain lands; amending ss.

18         372.991, 373.4149, 373.41492, 403.141, 570.235,

19         590.02, F.S.; conforming references to the Fish

20         and Wildlife Conservation Commission; amending

21         s. 403.707, F.S.; conforming a statutory

22         cross-reference; amending s. 597.004, F.S.;

23         transferring aquaculture shellfish handling

24         regulations from the Department of

25         Environmental Protection to the Department of

26         Agriculture and Consumer Services; amending s.

27         705.101, F.S.; transferring specific authority

28         over derelict vessels from the Department of

29         Environmental Protection to the Fish and

30         Wildlife Conservation Commission; amending s.

31         705.103, F.S.; removing authority over


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  1         abandoned vessels from the Department of

  2         Environmental Protection; amending s. 832.06,

  3         F.S.; conforming references to the Fish and

  4         Wildlife Conservation Commission; repealing s.

  5         370.013, F.S., relating to the Department of

  6         Environmental Protection; repealing s. 370.017,

  7         F.S., relating to the responsibilities of the

  8         secretary of the Department of Environmental

  9         Protection; repealing s. 370.032, F.S.,

10         relating to definitions; repealing s. 370.033,

11         F.S., relating to legislative intent; repealing

12         s. 370.034, F.S., relating to certificates for

13         dredge and fill equipment; repealing s.

14         370.036, F.S., relating to the maintenance of

15         records regarding dredge and fill equipment;

16         repealing s. 370.037, F.S., relating to the

17         denial, suspension, or revocation of dredge and

18         fill certificates; amending s. 260.016, F.S.;

19         authorizing the Department of Environmental

20         Protection to receive grants for improving

21         greenways and trails and to adopt rules for the

22         administering pass-through grants; amending s.

23         375.075, F.S.; correcting a cross-reference;

24         repealing s. 370.038, F.S., relating to the

25         adoption of specified rules; repealing s.

26         370.0606, F.S., relating to appointment of

27         subagents for sale of saltwater licenses and

28         permits; repealing s. 370.0805, F.S.; relating

29         to the net ban assistance program; repealing s.

30         372.04, F.S., relating to the director of the

31         commission; repealing s. 372.061, F.S.,


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    CS for SB 186                                  First Engrossed



  1         relating to meetings of the Game and Fresh

  2         Water Fish Commission; repealing s. 373.197,

  3         F.S., relating to the Kissimmee River Valley

  4         and Taylor Creek-Nubbins Slough Basin

  5         restoration project; repealing s. 403.261,

  6         F.S., relating to the repeal of rulemaking

  7         jurisdiction over air and water pollution;

  8         repealing s. 370.021(6), F.S., relating to

  9         admissibility of rules; repealing s.

10         370.14(12), F.S., relating to the naming of a

11         sport season for spiny lobsters; providing an

12         effective date.

13

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

15

16         Section 1.  Section 20.255, Florida Statutes, is

17  amended to read:

18         20.255  Department of Environmental Protection.--There

19  is created a Department of Environmental Protection.

20         (1)  The head of the Department of Environmental

21  Protection shall be a secretary, who shall be appointed by the

22  Governor, with the concurrence of three or more members of the

23  Cabinet. The secretary shall be confirmed by the Florida

24  Senate. The secretary shall serve at the pleasure of the

25  Governor.

26         (2)(a)  There shall be three two deputy secretaries and

27  an executive coordinator for ecosystem management who are to

28  be appointed by and shall serve at the pleasure of the

29  secretary. The secretary may assign any either deputy

30  secretary the responsibility to supervise, coordinate, and

31  formulate policy for any division, office, or district. The


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  1  following special offices are established and headed by

  2  managers, each of whom is to be appointed by and serve at the

  3  pleasure of the secretary:

  4         1.  Office of Chief of Staff,

  5         2.1.  Office of General Counsel,

  6         3.2.  Office of Inspector General,

  7         4.3.  Office of External Affairs Communication, the

  8  latter including public information, legislative liaison,

  9  cabinet liaison, and special projects,

10         4.  Office of Water Policy,

11         5.  Office of Legislative and Government Affairs, and

12  Intergovernmental Programs,

13         6.  Office of Ecosystem Planning and Coordination,

14         7.  Office of Environmental Education, and an

15         6.8.  Office of Greenways and Trails.

16         (b)  The executive coordinator for ecosystem management

17  shall coordinate policy within the department to assure the

18  implementation of the ecosystem management provisions of

19  chapter 93-213, Laws of Florida. The executive coordinator for

20  ecosystem management shall supervise only the Office of Water

21  Policy, the Office of Intergovernmental Programs, the Office

22  of Ecosystem Planning and Coordination, and the Office of

23  Environmental Education. The executive coordinator for

24  ecosystem management may also be delegated authority by the

25  secretary to act on behalf of the secretary; this authority

26  may include the responsibility to oversee the inland

27  navigation districts.

28         (c)  The other special offices not supervised by the

29  executive coordinator for ecosystem management shall report to

30  the secretary; however, the secretary may assign them, for

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  1  daily coordination purposes, to report through a senior

  2  manager other than the secretary.

  3         (b)(d)  There shall be six administrative districts

  4  involved in regulatory matters of waste management, water

  5  resource management facilities, wetlands, and air resources,

  6  which shall be headed by managers, each of whom is to be

  7  appointed by and serve at the pleasure of the secretary.

  8  Divisions of the department may have one assistant or two

  9  deputy division directors, as required to facilitate effective

10  operation.

11

12  The managers of all divisions and offices specifically named

13  in this section and the directors of the six administrative

14  districts are exempt from part II of chapter 110 and are

15  included in the Senior Management Service in accordance with

16  s. 110.205(2)(i). No other deputy secretaries or senior

17  management positions at or above the division level, except

18  those established in chapter 110, may be created without

19  specific legislative authority.

20         (3)  The following divisions of the Department of

21  Environmental Protection are established:

22         (a)  Division of Administrative Services.

23         (b)  Division of Air Resource Management.

24         (c)  Division of Water Resource Management.

25         (d)  Division of Law Enforcement.

26         (e)  Division of Resource Assessment and Management.

27         (f)  Division of Waste Management.

28         (g)  Division of Recreation and Parks.

29         (h)  Division of State Lands, the director of which is

30  to be appointed by the secretary of the department, subject to

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  1  confirmation by the Governor and Cabinet sitting as the Board

  2  of Trustees of the Internal Improvement Trust Fund.

  3

  4  In order to ensure statewide and intradepartmental

  5  consistency, the department's divisions shall direct the

  6  district offices and bureaus on matters of interpretation and

  7  applicability of the department's rules and programs. All of

  8  the existing legal authorities and actions of the Department

  9  of Environmental Regulation and the Department of Natural

10  Resources are transferred to the Department of Environmental

11  Protection, including, but not limited to, all pending and

12  completed actions on orders and rules, all enforcement

13  matters, and all delegations, interagency agreements, and

14  contracts with federal, state, regional, and local

15  governments, and private entities.

16         (4)  The secretary of the Department of Environmental

17  Protection is vested with the authority to take agency action

18  under laws in effect on or before the effective date of this

19  act, including those actions which were within the purview of

20  the Governor and Cabinet. However, the existing functions of

21  the Governor and Cabinet, sitting as the Siting Board as set

22  forth in part II of chapter 403, reviewing stricter than

23  federal standards of the Environmental Regulatory Commission

24  as set forth in s. 403.804, siting a multipurpose hazardous

25  waste facility as set forth in part IV of chapter 403, or

26  certifying an industrial project as set forth in part IV of

27  chapter 288, shall not be transferred to the Secretary of

28  Environmental Protection, and nothing herein shall be

29  construed to change any such function of the Governor and

30  Cabinet.

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    CS for SB 186                                  First Engrossed



  1         (5)  Except for those orders reviewable as provided in

  2  s. 373.4275, the Governor and Cabinet, sitting as the Land and

  3  Water Adjudicatory Commission, has the exclusive authority to

  4  review any order or rule of the department which, prior to

  5  July 1, 1994, the Governor and Cabinet, as head of the

  6  Department of Natural Resources, had authority to issue or

  7  promulgate, other than a rule or order relating to an internal

  8  procedure of the department.

  9         (a)  Such review may be initiated by a party to the

10  proceeding by filing a request for review with the Land and

11  Water Adjudicatory Commission and serving a copy on the

12  department and on any person named in the rule or order within

13  20 days after adoption of the rule or the rendering of the

14  order. Where a proceeding on an order has been initiated

15  pursuant to ss. 120.569 and 120.57, such review shall be

16  initiated within 20 days after the department has taken final

17  agency action in the proceeding. The request for review may be

18  accepted by any member of the commission. For the purposes of

19  this section, the term "party" shall mean any affected person

20  who submitted oral or written testimony, sworn or unsworn, to

21  the department of a substantive nature which stated, with

22  particularity, objections to or support for the rule or order

23  that are cognizable within the scope of the provisions and

24  purposes of the applicable statutory provisions, or any person

25  who participated as a party in a proceeding instituted

26  pursuant to chapter 120.

27         (b)  Review by the Land and Water Adjudicatory

28  Commission is appellate in nature and shall be based on the

29  record below. The matter shall be heard by the commission not

30  more than 60 days after receipt of the request for review.

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  1         (c)  If the Land and Water Adjudicatory Commission

  2  determines that a rule or order is not consistent with the

  3  provisions and purposes of this chapter, it may, in the case

  4  of a rule, require the department to initiate rulemaking

  5  proceedings to amend or repeal the rule or, in the case of an

  6  order, rescind or modify the order or remand the proceeding to

  7  the department for further action consistent with the order of

  8  the Land and Water Adjudicatory Commission.

  9         (d)  A request for review under this section shall not

10  be a precondition to the seeking of judicial review pursuant

11  to s. 120.68, or the seeking of an administrative

12  determination of rule validity pursuant to s. 120.56.

13

14  The Land and Water Adjudicatory Commission may adopt rules

15  setting forth its procedures for reviewing orders or rules of

16  the department consistent with the provisions of this section.

17         (6)  The following divisions of the Department of

18  Environmental Protection are established:

19         (a)  Division of Administrative and Technical Services.

20         (b)  Division of Air Resource Management.

21         (c)  Division of Water Resource Management.

22         (d)  Division of Law Enforcement.

23         (e)  Division of Resource Assessment and Management.

24         (f)  Division of Waste Management.

25         (g)  Division of Recreation and Parks.

26         (h)  Division of State Lands, the director of which is

27  to be appointed by the secretary of the department, subject to

28  confirmation by the Governor and Cabinet sitting as the Board

29  of Trustees of the Internal Improvement Trust Fund.

30

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    CS for SB 186                                  First Engrossed



  1  In order to ensure statewide and intradepartmental

  2  consistency, the department's divisions shall direct the

  3  district offices and bureaus on matters of interpretation and

  4  applicability of the department's rules and programs.

  5         (4)(7)  Law enforcement officers of the Department of

  6  Environmental Protection who meet the provisions of s. 943.13

  7  are constituted law enforcement officers of this state with

  8  full power to investigate and arrest for any violation of the

  9  laws of this state, and the rules of the department and the

10  Board of Trustees of the Internal Improvement Trust Fund. The

11  general laws applicable to investigations, searches, and

12  arrests by peace officers of this state apply to such law

13  enforcement officers.

14         (5)(8)  Records and documents of the Department of

15  Environmental Protection shall be retained by the department

16  as specified in record retention schedules established under

17  the general provisions of chapters 119 and 257.  Further, the

18  department is authorized to:

19         (a)  Destroy, or otherwise dispose of, those records

20  and documents in conformity with the approved retention

21  schedules.

22         (b)  Photograph, microphotograph, or reproduce such

23  records and documents on film, as authorized and directed by

24  the approved retention schedules, whereby each page will be

25  exposed in exact conformity with the original records and

26  documents retained in compliance with the provisions of this

27  section. Photographs or microphotographs in the form of film

28  or print of any records, made in compliance with the

29  provisions of this section, shall have the same force and

30  effect as the originals thereof would have and shall be

31  treated as originals for the purpose of their admissibility in


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  1  evidence. Duly certified or authenticated reproductions of

  2  such photographs or microphotographs shall be admitted in

  3  evidence equally with the original photographs or

  4  microphotographs. The impression of the seal of the Department

  5  of Environmental Protection on a certificate made by the

  6  department and signed by the Secretary of Environmental

  7  Protection entitles the certificate to be received in all

  8  courts and in all proceedings in this state and is prima facie

  9  evidence of all factual matters set forth in the certificate.

10  A certificate may relate to one or more records as set forth

11  in the certificate or in a schedule attached to the

12  certificate.

13         (6)(9)  The Department of Environmental Protection may

14  require that bond be given by any employee of the department,

15  payable to the Governor of the state and the Governor's

16  successor in office, for the use and benefit of those whom it

17  concerns, in such penal sums and with such good and sufficient

18  surety or sureties as are approved by the department,

19  conditioned upon the faithful performance of the duties of the

20  employee.

21         (7)(10)  There is created as a part of the Department

22  of Environmental Protection an Environmental Regulation

23  Commission. The commission shall be composed of seven

24  residents of this state appointed by the Governor, subject to

25  confirmation by the Senate. In making appointments, the

26  Governor shall provide reasonable representation from all

27  sections of the state. The commission shall include one, but

28  not more than two, members from each water management district

29  who have resided in the district for at least 1 year, and the

30  remainder shall be selected from the state at large.

31  Membership shall be representative of agriculture, the


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    CS for SB 186                                  First Engrossed



  1  development industry, local government, the environmental

  2  community, lay citizens, and members of the scientific and

  3  technical community who have substantial expertise in the

  4  areas of the fate and transport of water pollutants,

  5  toxicology, epidemiology, geology, biology, environmental

  6  sciences, or engineering. The Governor shall appoint the

  7  chair, and the vice chair shall be elected from among the

  8  membership. The members serving on the commission on July 1,

  9  1995, shall continue to serve on the commission for the

10  remainder of their current terms. All appointments thereafter

11  shall continue to be for 4-year terms. The Governor may at any

12  time fill a vacancy for the unexpired term. The members of the

13  commission shall serve without compensation, but shall be paid

14  travel and per diem as provided in s. 112.061 while in the

15  performance of their official duties. Administrative,

16  personnel, and other support services necessary for the

17  commission shall be furnished by the department.

18         Section 2.  Section 370.0205, Florida Statutes, is

19  transferred and renumbered as section 20.2551, Florida

20  Statutes.

21         Section 3.  Paragraph (c) of subsection (6) of section

22  20.331, Florida Statutes, is amended to read:

23         20.331  Fish and Wildlife Conservation Commission.--

24         (6)

25         (c)  The commission shall follow the provisions of

26  chapter 120 when adopting rules shall be accorded to any party

27  whose substantial interests will be affected by any action of

28  the commission in the performance of its statutory duties or

29  responsibilities. For purposes of this subsection, statutory

30  duties or responsibilities include, but are not limited to,

31  the following:


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  1         1.  Research and management responsibilities for marine

  2  species listed as endangered, threatened, or of special

  3  concern, including, but not limited to, manatees and marine

  4  turtles;

  5         2.  Establishment and enforcement of boating safety

  6  regulations;

  7         3.  Land acquisition and management;

  8         4.  Enforcement and collection of fees for all

  9  recreational and commercial hunting or fishing licenses or

10  permits;

11         5.  Aquatic plant removal and management using fish as

12  a biological control agent;

13         6.  Enforcement of penalties for violations of

14  commission rules, including, but not limited to, the seizure

15  and forfeiture of vessels and other equipment used to commit

16  those violations;

17         7.  Establishment of free fishing days;

18         8.  Regulation of off-road vehicles on state lands;

19         9.  Establishment and coordination of a statewide

20  hunter safety course;

21         10.  Establishment of programs and activities to

22  develop and distribute public education materials;

23         11.  Police powers of wildlife and marine officers;

24         12.  Establishment of citizen support organizations to

25  provide assistance, funding, and promotional support for

26  programs of the commission;

27         13.  Creation of the Voluntary Authorized Hunter

28  Identification Program; and

29         14.  Regulation of required clothing of persons hunting

30  deer.

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  1         (d)  The commission is directed to provide a report on

  2  the development and implementation of its adequate due process

  3  provisions to the President of the Senate, the Speaker of the

  4  House of Representatives, and the appropriate substantive

  5  committees of the House of Representatives and the Senate no

  6  later than December 1, 1999.

  7         Section 4.  Section 161.031, Florida Statutes, is

  8  amended to read:

  9         161.031  Personnel and facilities.--The Department of

10  Environmental Protection may call to its assistance

11  temporarily, any engineer or other employee in any state

12  agency or department or in the University of Florida or other

13  educational institution financed wholly or in part by the

14  state, for the purpose of devising the most effective and

15  economical method of averting and preventing erosion,

16  hurricane, and storm damages. These employees shall not

17  receive additional compensation, except for actual necessary

18  expenses incurred while working under the direction of the

19  department Division of Marine Resources.

20         Section 5.  Section 161.36, Florida Statutes, is

21  amended to read:

22         161.36  General powers of authority.--In order to most

23  effectively carry out the purposes of this part, the board of

24  county commissioners, as the county beach and shore

25  preservation authority and as the governing body of each beach

26  and shore preservation district established thereby, shall be

27  possessed of broad powers to do all manner of things necessary

28  or desirable in pursuance of this end; provided, however,

29  nothing herein shall diminish or impair the regulatory

30  authority of the Department of Environmental Protection or

31  Division of Marine Resources under part I of this chapter, or


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  1  the Board of Trustees of the Internal Improvement Trust Fund

  2  under chapter 253. Such powers shall specifically include, but

  3  not be limited to, the following:

  4         (1)  To make contracts and enter into agreements;

  5         (2)  To sue and be sued;

  6         (3)  To acquire and hold lands and property by any

  7  lawful means;

  8         (4)  To exercise the power of eminent domain;

  9         (5)  To enter upon private property for purposes of

10  making surveys, soundings, drillings and examinations, and

11  such entry shall not be deemed a trespass;

12         (6)  To construct, acquire, operate and maintain works

13  and facilities;

14         (7)  To make rules and regulations; and

15         (8)  To do any and all other things specified or

16  implied in this part.

17         Section 6.  Paragraph (f) of subsection (3) of section

18  259.101, Florida Statutes, is amended to read:

19         259.101  Florida Preservation 2000 Act.--

20         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

21  costs of issuance, the costs of funding reserve accounts, and

22  other costs with respect to the bonds, the proceeds of bonds

23  issued pursuant to this act shall be deposited into the

24  Florida Preservation 2000 Trust Fund created by s. 375.045.

25  Ten percent of the proceeds of any bonds deposited into the

26  Preservation 2000 Trust Fund shall be distributed by the

27  Department of Environmental Protection to the Department of

28  Environmental Protection for the purchase by the South Florida

29  Water Management District of lands in Dade, Broward, and Palm

30  Beach Counties identified in s. 7, chapter 95-349, Laws of

31  Florida. This distribution shall apply for any bond issue for


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    CS for SB 186                                  First Engrossed



  1  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

  2  $20 million per year from the proceeds of any bonds deposited

  3  into the Florida Preservation 2000 Trust Fund shall be

  4  distributed by the Department of Environmental Protection to

  5  the St. Johns Water Management District for the purchase of

  6  lands necessary to restore Lake Apopka. The remaining proceeds

  7  shall be distributed by the Department of Environmental

  8  Protection in the following manner:

  9         (f)  Two and nine-tenths percent to the Fish and

10  Wildlife Conservation Game and Fresh Water Fish Commission to

11  fund the acquisition of inholdings and additions to lands

12  managed by the commission which are important to the

13  conservation of fish and wildlife.

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

15  Statutes, is amended to read:

16         270.22  Proceeds of state lands to go into Internal

17  Improvement Trust Fund; exception.--

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

19  253.71(2) shall be deposited into the General Inspection

20  Marine Resources Conservation Trust Fund of the Department of

21  Agriculture and Consumer Services Environmental Protection.

22  Such fees generated by shellfish-related aquaculture leases

23  shall be used for shellfish-related aquaculture activities,

24  including research, lease compliance inspections, mapping, and

25  siting.

26         Section 8.  Subsection (5) of section 288.109, Florida

27  Statutes, is amended to read:

28         288.109  One-Stop Permitting System.--

29         (5)  By January 1, 2001, the following state agencies,

30  and the programs within such agencies which require the

31


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    CS for SB 186                                  First Engrossed



  1  issuance of licenses, permits, and approvals to businesses,

  2  must also be integrated into the One-Stop Permitting System:

  3         (a)  The Department of Agriculture and Consumer

  4  Services.

  5         (b)  The Department of Business and Professional

  6  Regulation.

  7         (c)  The Department of Health.

  8         (d)  The Department of Insurance.

  9         (e)  The Department of Labor.

10         (f)  The Department of Revenue.

11         (g)  The Department of State.

12         (h)  The Fish and Wildlife Conservation Game and

13  Freshwater Fish Commission.

14         (i)  Other state agencies.

15         Section 9.  Section 327.04, Florida Statutes, is

16  amended to read:

17         327.04  Rules.--The Fish and Wildlife Conservation

18  Commission department has authority to adopt rules pursuant to

19  ss. 120.536(1) and 120.54 to administer implement the

20  provisions of this chapter conferring powers or duties upon

21  it.

22         Section 10.  Subsections (3) and (4) of section 327.41,

23  Florida Statutes, are amended to read:

24         327.41  Uniform waterway regulatory markers.--

25         (3)  Application for placing regulatory markers on the

26  Florida Intracoastal Waterway shall be made to the Fish and

27  Wildlife Conservation Commission Division of Marine Resources,

28  accompanied by a map locating the approximate placement of the

29  markers, a statement of the specification of the markers, a

30  statement of purpose of the markers, and a statement of the

31


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    CS for SB 186                                  First Engrossed



  1  city or county responsible for the placement and upkeep of the

  2  markers.

  3         (4)  No person or municipality, county, or other

  4  governmental entity shall place any regulatory markers in, on,

  5  or over the Florida Intracoastal Waterway without a permit

  6  from the Fish and Wildlife Conservation Commission Division of

  7  Marine Resources.

  8         Section 11.  Subsection (4) of section 327.54, Florida

  9  Statutes, is amended to read:

10         327.54  Liveries; safety regulations; penalty.--

11         (4)  A livery may not lease, hire, or rent a personal

12  watercraft to any person who is under 16 years of age, nor may

13  it lease, hire, or rent such watercraft or other vessel to any

14  other person, unless the livery displays boating safety

15  information about the safe and proper operation of vessels and

16  requires a signature by the lessee that he or she has received

17  instruction in the safe handling of the personal watercraft in

18  compliance with standards established by the commission

19  department.

20         Section 12.  Subsection (15) of section 328.72, Florida

21  Statutes, is amended to read:

22         328.72  Classification; registration; fees and charges;

23  surcharge; disposition of fees; fines; marine turtle

24  stickers.--

25         (15)  DISTRIBUTION OF FEES.--Moneys deposited pursuant

26  to s. 328.76 to be returned to the counties are for the sole

27  purposes of providing recreational channel marking and public

28  launching facilities and other boating-related activities, for

29  removal of vessels and floating structures deemed a hazard to

30  public safety and health for failure to comply with s. 327.53,

31  and for manatee and marine mammal protection and recovery.


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    CS for SB 186                                  First Engrossed



  1  The Fish and Wildlife Conservation Commission department shall

  2  ascertain, as a guideline in determining the amounts of

  3  distributions each county may receive, the number of

  4  noncommercial vessels registered in the county during the

  5  preceding fiscal year according to the fee schedule provided

  6  in subsection (1) and shall promulgate rules to effectuate

  7  this.  Each fiscal year, prior to determination of

  8  distributions to the counties under this section, an amount

  9  equal to $1 for each vessel registered in this state shall be

10  transferred to the Save the Manatee Trust Fund for manatee and

11  marine mammal research, protection, and recovery.

12         Section 13.  Subsection (1) of section 370.021, Florida

13  Statutes, is amended to read:

14         370.021  Administration; rules, publications, records;

15  penalties; injunctions.--

16         (1)  PENALTIES.--Unless otherwise provided by law, any

17  person, firm, or corporation who is convicted for violating

18  any provision of this chapter, or any rule of the Fish and

19  Wildlife Conservation Commission relating to the conservation

20  of marine resources adopted pursuant to this chapter, shall be

21  punished:

22         (a)  Upon a first conviction, by imprisonment for a

23  period of not more than 60 days or by a fine of not less than

24  $100 nor more than $500, or by both such fine and

25  imprisonment.

26         (b)  On a second or subsequent conviction within 12

27  months, by imprisonment for not more than 6 months or by a

28  fine of not less than $250 nor more than $1,000, or by both

29  such fine and imprisonment.

30

31


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    CS for SB 186                                  First Engrossed



  1         Section 14.  Section 370.041, Florida Statutes, is

  2  transferred and renumbered as section 161.242, Florida

  3  Statutes.

  4         Section 15.  Section 370.07, Florida Statutes, is

  5  amended to read:

  6         370.07  Wholesale and retail saltwater products

  7  dealers; regulation.--

  8         (1)  DEFINITIONS; LICENSES AUTHORIZED.--Annual license

  9  or privilege taxes are hereby levied and imposed upon dealers

10  in the state in saltwater products. It is unlawful for any

11  person, firm, or corporation to deal in any such products

12  without first paying for and procuring the license required by

13  this section. Application for all licenses shall be made to

14  the Fish and Wildlife Conservation Commission Department of

15  Environmental Protection on blanks to be furnished by it. All

16  licenses shall be issued by the commission department upon

17  payment to it of the license tax. The licenses are defined as:

18         (a)1.  "Wholesale county dealer" is any person, firm,

19  or corporation which sells saltwater products to any person,

20  firm, or corporation except to the consumer and who may buy

21  saltwater products in the county designated on the wholesale

22  license from any person licensed pursuant to s. 370.06(2) or

23  from any licensed wholesale dealer.

24         2.  "Wholesale state dealer" is a person, firm, or

25  corporation which sells saltwater products to any person,

26  firm, or corporation except to the consumer and who may buy

27  saltwater products in any county of the state from any person

28  licensed pursuant to s. 370.06(2) or from any licensed

29  wholesale dealer.

30         3.  "Wholesale dealer" is either a county or a state

31  dealer.


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    CS for SB 186                                  First Engrossed



  1         (b)  A "retail dealer" is any person, firm, or

  2  corporation which sells saltwater products directly to the

  3  consumer, but no license is required of a dealer in

  4  merchandise who deals in or sells saltwater products consumed

  5  on the premises or prepared for immediate consumption and sold

  6  to be taken out of any restaurant licensed by the Division of

  7  Hotels and Restaurants of the Department of Business and

  8  Professional Regulation.

  9

10  Any person, firm, or corporation which is both a wholesale

11  dealer and a retail dealer shall obtain both a wholesale

12  dealer's license and a retail dealer's license. If a wholesale

13  dealer has more than one place of business, the annual license

14  tax shall be effective for all places of business, provided

15  that the wholesale dealer supplies to the commission

16  department a complete list of additional places of business

17  upon application for the annual license tax.

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

19         (a)  A resident wholesale county seafood dealer is

20  required to pay an annual license tax of $300.

21         (b)  A resident wholesale state dealer is required to

22  pay an annual license tax of $450.

23         (c)  A nonresident wholesale county dealer is required

24  to pay an annual license tax of $500.

25         (d)  A nonresident wholesale state dealer is required

26  to pay an annual license tax of $1,000.

27         (e)  An alien wholesale county dealer is required to

28  pay an annual license tax of $1,000.

29         (f)  An alien wholesale state dealer is required to pay

30  an annual license tax of $1,500.

31


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    CS for SB 186                                  First Engrossed



  1         (g)  A resident retail dealer is required to pay an

  2  annual license tax of $25; however, if such a dealer has more

  3  than one place of business, the dealer shall designate one

  4  place of business as a central place of business, shall pay an

  5  annual license tax of $25 for such place of business, and

  6  shall pay an annual license tax of $10 for each other place of

  7  business.

  8         (h)  A nonresident retail dealer is required to pay an

  9  annual license tax of $200; however, if such a dealer has more

10  than one place of business, the dealer shall designate one

11  place of business as a central place of business, shall pay an

12  annual license tax of $200 for such place of business, and

13  shall pay an annual license tax of $25 for each other place of

14  business.

15         (i)  An alien retail dealer is required to pay an

16  annual license tax of $250; however, if such a dealer has more

17  than one place of business, the dealer shall designate one

18  place of business as a central place of business, shall pay an

19  annual license tax of $250 for such place of business, and

20  shall pay an annual license tax of $50 for each other place of

21  business.

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

23  other funds derived from the Federal Government or from any

24  other source, shall be deposited in a Florida Saltwater

25  Products Promotion Trust Fund to be administered by the

26  Department of Agriculture and Consumer Services for the sole

27  purpose of promoting all fish and saltwater products produced

28  in this state.

29         (3)  APALACHICOLA BAY OYSTER SURCHARGE.--

30

31


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    CS for SB 186                                  First Engrossed



  1         (a)  For purposes of this section, "bag" means an

  2  amount of oysters with shells weighing approximately 60

  3  pounds.

  4         (b)  Effective October 1, 1989, there shall be assessed

  5  a surcharge of 50 cents on each bag of oysters to be paid by

  6  the wholesale dealer first receiving, using, or selling the

  7  oysters after harvesting from the waters of Apalachicola Bay.

  8         (c)1.  Each wholesale dealer shall certify, on such

  9  forms as may be prescribed by the Department of Revenue, to

10  any subsequent purchasing wholesale dealer or other purchaser

11  that the surcharge imposed by this subsection has been paid or

12  will be paid by such wholesale dealer first receiving the

13  oysters.

14         2.  In the case where the harvester is also the

15  wholesale dealer, such wholesale dealer shall maintain

16  documentation, on forms as may be prescribed by the Department

17  of Revenue, adequate to establish that the surcharge has been

18  paid or will be paid by such wholesale dealer.

19         3.  In such case where the wholesale dealer is also the

20  retail dealer under paragraph (1)(b), such wholesale dealer

21  shall maintain documentation, on forms as may be prescribed by

22  the Department of Revenue, adequate to establish that the

23  surcharge has been paid or will be paid by such wholesale

24  dealer.

25         (d)  Except for the collection allowance pursuant to s.

26  212.12 and estimated tax filing requirements pursuant to s.

27  212.11, the same duties and privileges imposed by chapter 212

28  upon dealers of tangible personal property respecting the

29  remission of the surcharge, the making of returns, penalties

30  and interest, the keeping of books, records and accounts, and

31  the compliance with the rules of the Department of Revenue in


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    CS for SB 186                                  First Engrossed



  1  the administration of chapter 212 shall apply and be binding

  2  upon all wholesale dealers who are subject to the surcharge

  3  imposed by this subsection.

  4         (e)  The Department of Revenue shall keep records

  5  showing the amount of the surcharge collected.

  6         (f)  The Department of Revenue shall collect the

  7  surcharge for transfer into the General Inspection Marine

  8  Resources Conservation Trust Fund of the Department of

  9  Agriculture and Consumer Services Department of Environmental

10  Protection.

11         (g)  The Department of Revenue is empowered to

12  promulgate rules, establish audit procedures for the audit of

13  wholesale dealers, assess for delinquency, and prescribe and

14  publish such forms as may be necessary to effectuate the

15  provisions of this subsection.

16         (h)  Annually, the Department of Agriculture and

17  Consumer Services Department of Environmental Protection shall

18  furnish the Department of Revenue with a current list of

19  wholesale dealers in the state.

20         (i)  Collections received by the Department of Revenue

21  from the surcharge shall be transferred quarterly to the

22  Department of Agriculture and Consumer Services General

23  Inspection Department of Environmental Protection Marine

24  Resources Conservation Trust Fund, less the costs of

25  administration.

26         (j)  The executive director of the Department of

27  Revenue is hereby authorized to adopt emergency rules pursuant

28  to s. 120.54(4) for purposes of implementing this subsection.

29  Notwithstanding any other provisions of law, such emergency

30  rules shall remain effective for 6 months from the date of

31  adoption. Other rules of the Department of Revenue related to


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    CS for SB 186                                  First Engrossed



  1  and in furtherance of the orderly implementation of this

  2  subsection shall not be subject to a s. 120.56(2) rule

  3  challenge or a s. 120.54(3)(c)2. drawout proceeding but, once

  4  adopted, shall be subject to a s. 120.56(3) invalidity

  5  challenge.  Such rules shall be adopted by the Governor and

  6  Cabinet and shall become effective upon filing with the

  7  Department of State, notwithstanding the provisions of s.

  8  120.54(3)(e)6.

  9         (j)(k)  The Department of Agriculture and Consumer

10  Services Department of Environmental Protection shall use or

11  distribute funds generated by this surcharge, less reasonable

12  costs of collection and administration, to fund the following

13  oyster management and restoration programs in Apalachicola

14  Bay:

15         1.  The relaying and transplanting of live oysters.

16         2.  Shell planting to construct or rehabilitate oyster

17  bars.

18         3.  Education programs for licensed oyster harvesters

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

20  sanitation, resource conservation, small business management,

21  and other relevant subjects.

22         4.  Research directed toward the enhancement of oyster

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

24  bay.

25         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

26         (a)  A person transporting in this state saltwater

27  products that were produced in this state, regardless of

28  destination, shall have in his or her possession invoices,

29  bills of lading, or other similar instruments showing the

30  number of packages, boxes, or containers and the number of

31


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    CS for SB 186                                  First Engrossed



  1  pounds of each species and the name, physical address, and the

  2  Florida wholesale dealer number of the dealer of origin.

  3         (b)  A person transporting in this state saltwater

  4  products that were produced outside this state to be delivered

  5  to a destination in this state shall have in his or her

  6  possession invoices, bills of lading, or other similar

  7  instruments showing the number of packages, boxes, or

  8  containers and the number of pounds of each species, the name

  9  and physical address of the dealer of origin, and the name,

10  physical address, and Florida wholesale dealer number of the

11  Florida dealer to whom the shipment is to be delivered.

12         (c)  A person transporting in this state saltwater

13  products that were produced outside this state which are to be

14  delivered to a destination outside this state shall have in

15  his or her possession invoices, bills of lading, or other

16  similar instruments showing the number of packages, boxes, or

17  containers and the number of pounds of each species, the name

18  and physical address of the dealer of origin, and the name and

19  physical address of the dealer to whom the shipment is to be

20  delivered.

21         (d)  If the saltwater products in transit came from

22  more than one dealer, distributor, or producer, each lot from

23  each dealer shall be covered by invoices, bills of lading, and

24  other similar instruments showing the number of boxes or

25  containers and the number of pounds of each species.  Each

26  invoice, bill of lading, and other similar instrument shall

27  display the wholesale dealer license number and the name and

28  physical address of the dealer, distributor, or producer of

29  the lot covered by the instrument.

30         (e)  It is unlawful to sell, deliver, ship, or

31  transport, or to possess for the purpose of selling,


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    CS for SB 186                                  First Engrossed



  1  delivering, shipping, or transporting, any saltwater products

  2  without all invoices of such products having thereon the

  3  wholesale dealer license number in such form as may be

  4  prescribed under the provisions of this subsection and the

  5  rules and regulations of the Fish and Wildlife Conservation

  6  Commission department. Any saltwater products found in the

  7  possession of any person who is in violation of this provision

  8  may be seized by the commission department and disposed of in

  9  the manner provided by law.

10         (f)  Nothing contained in this subsection may be

11  construed to apply to the sale and delivery to a consumer of

12  saltwater products in an ordinary retail transaction by a

13  licensed retail dealer who has purchased such products from a

14  licensed wholesale dealer or to the sale and delivery of the

15  catch or products of a saltwater products licensee to a

16  Florida-licensed wholesale dealer.

17         (g)  Wholesale dealers' licenses shall be issued only

18  to applicants who furnish to the commission department

19  satisfactory evidence of law-abiding reputation and who pledge

20  themselves to faithfully observe all of the laws and

21  regulations of this state relating to the conservation of,

22  dealing in, taking, selling, transporting, or possession of

23  saltwater products and to cooperate in the enforcement of all

24  such laws to every reasonable extent. This pledge may be

25  included in the application for license.

26         (h)  Any person who violates the provisions of this

27  subsection is guilty of a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         (5)  LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

30         (a)  A license issued to a wholesale or retail dealer

31  is good only to the person to whom issued and named therein


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    CS for SB 186                                  First Engrossed



  1  and is not transferable.  The commission department may

  2  revoke, suspend, or deny the renewal of the license of any

  3  licensee:

  4         1.  Upon the conviction of the licensee of any

  5  violation of the laws or regulations designed for the

  6  conservation of saltwater products;

  7         2.  Upon conviction of the licensee of knowingly

  8  dealing in, buying, selling, transporting, possessing, or

  9  taking any saltwater product, at any time and from any waters,

10  in violation of the laws of this state; or

11         3.  Upon satisfactory evidence of any violation of the

12  laws or any regulations of this state designed for the

13  conservation of saltwater products or of any of the laws of

14  this state relating to dealing in, buying, selling,

15  transporting, possession, or taking of saltwater products.

16         (b)  Upon revocation of such license, no other or

17  further license may be issued to the dealer within 3 years

18  from the date of revocation except upon special order of the

19  commission department.  After revocation, it is unlawful for

20  such dealer to exercise any of the privileges of a licensed

21  wholesale or retail dealer.

22         (c)  In addition to, or in lieu of, the penalty imposed

23  pursuant to this subsection, the commission department may

24  impose penalties pursuant to s. 370.021.

25         (6)  RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

26         (a)  Wholesale dealers shall be required by the

27  commission department to make and preserve a record of the

28  names and addresses of persons from whom or to whom saltwater

29  products are purchased or sold, the quantity so purchased or

30  sold from or to each vendor or purchaser, and the date of each

31  such transaction. Retail dealers shall be required to make and


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    CS for SB 186                                  First Engrossed



  1  preserve a record from whom all saltwater products are

  2  purchased.  Such record shall be open to inspection at all

  3  times by the commission department.  A report covering the

  4  sale of saltwater products shall be made monthly or as often

  5  as required by rule to the commission department by each

  6  wholesale dealer.  All reports required under this subsection

  7  are confidential and shall be exempt from the provisions of s.

  8  119.07(1) except that, pursuant to authority related to

  9  interstate fishery compacts as provided by ss. 370.19(3) and

10  370.20(3), reports may be shared with another state if that

11  state is a member of an interstate fisheries compact, and if

12  that state has signed a Memorandum of Agreement or a similar

13  instrument agreeing to preserve confidentiality as established

14  by Florida law.

15         (b)  The commission department may revoke, suspend, or

16  deny the renewal of the license of any dealer for failure to

17  make and keep required records, for failure to make required

18  reports, for failure or refusal to permit the examination of

19  required records, or for falsifying any such record.  In

20  addition to, or in lieu of, the penalties imposed pursuant to

21  this paragraph and s. 370.021, the commission department may

22  impose against any person, firm, or corporation who is

23  determined to have violated any provision of this paragraph or

24  any provisions of any commission department rules adopted

25  promulgated pursuant to s. 370.0607, the following additional

26  penalties:

27         1.  For the first violation, a civil penalty of up to

28  $1,000;

29         2.  For a second violation committed within 24 months

30  of any previous violation, a civil penalty of up to $2,500;

31  and


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    CS for SB 186                                  First Engrossed



  1         3.  For a third or subsequent violation committed

  2  within 36 months of any previous two violations, a civil

  3  penalty of up to $5,000.

  4

  5  The proceeds of all civil penalties collected pursuant to this

  6  subsection shall be deposited into the Marine Resources

  7  Conservation Trust Fund and shall be used for administration,

  8  auditing, and law enforcement purposes.

  9         (7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

10  LOCATION.--Wholesale dealers purchasing saltwater products

11  pursuant to s. 370.06(2)(a) at any site other than a site

12  located in a county where the dealer has a permanent address

13  must notify the Fish and Wildlife Conservation Commission

14  Division of Law Enforcement of the location of the temporary

15  site of business for each day business is to be conducted at

16  such site.

17         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

18  unlawful for any licensed retail dealer or any restaurant

19  licensed by the Division of Hotels and Restaurants of the

20  Department of Business and Professional Regulation to buy

21  saltwater products from any person other than a licensed

22  wholesale or retail dealer.

23         Section 16.  Section 370.101, Florida Statutes, is

24  amended to read:

25         370.101  Saltwater fish; regulations.--

26         (1)  The Fish and Wildlife Conservation Commission

27  Division of Marine Resources is authorized to establish weight

28  equivalencies when minimum lengths of saltwater fish are

29  established by law, in those cases where the fish are

30  artificially cultivated.

31


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    CS for SB 186                                  First Engrossed



  1         (2)  A special activity license may be issued by the

  2  commission division pursuant to s. 370.06 for catching and

  3  possession of fish protected by law after it has first

  4  established that such protected specimens are to be used as

  5  stock for artificial cultivation.

  6         (3)  A No permit may not be issued pursuant to

  7  subsection (2) until the commission division determines that

  8  the artificial cultivation activity complies with the

  9  provisions of ss. 253.67-253.75 and any other specific

10  provisions contained within this chapter regarding leases,

11  licenses, or permits for maricultural activities of each

12  saltwater fish, so that the public interest in such fish

13  stocks is fully protected.

14         Section 17.  Subsection (2) of section 370.11, Florida

15  Statutes, is amended to read:

16         370.11  Fish; regulation.--

17         (2)  REGULATION; FISH; TARPON, ETC.--No person may

18  sell, offer for sale, barter, exchange for merchandise,

19  transport for sale, either within or without the state, offer

20  to purchase or purchase any species of fish known as tarpon

21  (Tarpon atlanticus) provided, however, any one person may

22  carry out of the state as personal baggage or transport within

23  or out of the state not more than two tarpon if they are not

24  being transported for sale. The possession of more than two

25  tarpon by any one person is unlawful; provided, however, any

26  person may catch an unlimited number of tarpon if they are

27  immediately returned uninjured to the water and released where

28  the same are caught.  No common carrier in the state shall

29  knowingly receive for transportation or transport, within or

30  without the state, from any one person for shipment more than

31  two tarpon, except as hereinafter provided.  It is expressly


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    CS for SB 186                                  First Engrossed



  1  provided that any lawful established taxidermist, in the

  2  conduct of taxidermy, may be permitted to move or transport

  3  any reasonable number of tarpon at any time and in any manner

  4  he or she may desire, as specimens for mounting; provided,

  5  however, satisfactory individual ownership of the fish so

  6  moved or transported can be established by such taxidermist at

  7  any time upon demand.  Common carriers shall accept for

  8  shipment tarpon from a taxidermist when statement of

  9  individual ownership involved accompanies bill of lading or

10  other papers controlling the shipment. The Fish and Wildlife

11  Conservation Commission Division of Marine Resources may, in

12  its discretion, upon application issue permits for the taking

13  and transporting of tarpon for scientific purposes.

14         Section 18.  Subsection (1) of section 370.1107,

15  Florida Statutes, is amended to read:

16         370.1107  Definition; possession of certain licensed

17  traps prohibited; penalties; exceptions; consent.--

18         (1)  As used in this section, the term "licensed

19  saltwater fisheries trap" means any trap required to be

20  licensed by the Fish and Wildlife Conservation Commission and

21  authorized pursuant to this chapter or by the commission for

22  the taking of saltwater products.

23         Section 19.  Subsection (4) and paragraph (d) of

24  subsection (5) of section 370.13, Florida Statutes, are

25  amended to read:

26         370.13  Stone crab; regulation.--

27         (4)  Any gear, equipment, boat, vehicle, or item used

28  in the violation of this section is subject to confiscation.

29  In addition, the Fish and Wildlife Conservation Commission

30  Department of Environmental Protection shall revoke the permit

31  of any permitholder convicted of a violation of paragraph


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    CS for SB 186                                  First Engrossed



  1  (1)(a) for a period of 1 year from the date of the conviction,

  2  and he or she is prohibited during that period from catching

  3  or having in his or her possession any stone crab for the

  4  person's own use or to sell or offer to sell, whether or not

  5  he or she is accompanied by the holder of a valid permit and

  6  regardless of where taken.

  7         (5)

  8         (d)  If a person holding an active trap number, or a

  9  member of that person's immediate family, does not request

10  renewal of the number before the applicable dates as specified

11  in this subsection, the commission department shall deactivate

12  that trap number.

13         Section 20.  Section 370.1405, Florida Statutes, is

14  amended to read:

15         370.1405  Crawfish reports by dealers during closed

16  season required.--

17         (1)  Within 3 days after the commencement of the closed

18  season for the taking of saltwater crawfish, each and every

19  seafood dealer, either retail or wholesale, intending to

20  possess whole crawfish, crawfish tails, or crawfish meat

21  during closed season shall submit to the Fish and Wildlife

22  Conservation Commission Department of Environmental

23  Protection, on forms provided by the commission department, a

24  sworn report of the quantity, in pounds, of saltwater whole

25  crawfish, crawfish tails, and crawfish meat in the dealer's

26  name or possession as of the date the season closed. This

27  report shall state the location and number of pounds of whole

28  crawfish, crawfish tails, and crawfish meat. The commission

29  department shall not accept any reports not delivered or

30  postmarked by midnight of the 3rd calendar day after the

31  commencement of the closed season, and any stocks of crawfish


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    CS for SB 186                                  First Engrossed



  1  reported therein are declared a nuisance and may be seized by

  2  the commission department.

  3         (2)  Failure to submit a report as described in

  4  subsection (1) or reporting a greater or lesser amount of

  5  whole crawfish, crawfish tails, or crawfish meat than is

  6  actually in the dealer's possession or name is a major

  7  violation of this chapter, punishable as provided in s.

  8  370.021(1), s. 370.07(6)(b), or both. The commission shall

  9  seize the entire supply of unreported or falsely reported

10  whole crawfish, crawfish tails, or crawfish meat, and shall

11  carry the same before the court for disposal. The dealer shall

12  post a cash bond in the amount of the fair value of the entire

13  quantity of unreported or falsely reported crawfish as

14  determined by the judge. After posting the cash bond, the

15  dealer shall have 24 hours to transport said products outside

16  the limits of Florida for sale as provided by s. 370.061.

17  Otherwise, the product shall be declared a nuisance and

18  disposed of by the commission according to law.

19         (3)  All dealers having reported stocks of crawfish may

20  sell or offer to sell such stocks of crawfish; however, such

21  dealers shall submit an additional report on the last day of

22  each month during the duration of the closed season. Reports

23  shall be made on forms supplied by the commission department.

24  Each dealer shall state on this report the number of pounds

25  brought forward from the previous report period, the number of

26  pounds sold during the report period, the number of pounds, if

27  any, acquired from a licensed wholesale dealer during the

28  report period, and the number of pounds remaining on hand. In

29  every case, the amount of crawfish sold plus the amount

30  reported on hand shall equal the amount acquired plus the

31  amount reported remaining on hand in the last submitted


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    CS for SB 186                                  First Engrossed



  1  report. Copies of records or invoices documenting the number

  2  of pounds acquired during the closed season must be maintained

  3  by the wholesale or retail dealer and shall be kept available

  4  for inspection by the commission department for a period not

  5  less than 3 years from the date of the recorded transaction.

  6  Reports postmarked later than midnight on the 3rd calendar day

  7  of each month during the duration of the closed season will

  8  not be accepted by the commission department. Dealers for

  9  which late supplementary reports are not accepted by the

10  commission department must show just cause why their entire

11  stock of whole crawfish, crawfish tails, or crawfish meat

12  should not be seized by the commission department. Whenever a

13  dealer fails to timely submit the monthly supplementary report

14  as described in this subsection, the dealer may be subject to

15  the following civil penalties:

16         (a)  For a first violation, the commission department

17  shall assess a civil penalty of $500.

18         (b)  For a second violation within the same crawfish

19  closed season, the commission department shall assess a civil

20  penalty of $1,000.

21         (c)  For a third violation within the same crawfish

22  closed season, the commission department shall assess a civil

23  penalty of $2,500 and may seize said dealer's entire stock of

24  whole crawfish, crawfish tails, or crawfish meat and carry the

25  same before the court for disposal. The dealer shall post a

26  cash bond in the amount of the fair value of the entire

27  remaining quantity of crawfish as determined by the judge.

28  After posting the cash bond, a dealer shall have 24 hours to

29  transport said products outside the limits of Florida for sale

30  as provided by s. 370.061. Otherwise, the product shall be

31


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    CS for SB 186                                  First Engrossed



  1  declared a nuisance and disposed of by the commission

  2  department according to law.

  3         (4)  All seafood dealers shall at all times during the

  4  closed season make their stocks of whole crawfish, crawfish

  5  tails, or crawfish meat available for inspection by the

  6  commission department.

  7         (5)  Each wholesale and retail dealer in whole

  8  crawfish, crawfish tails, or crawfish meat shall keep

  9  throughout the period of the crawfish closed season copies of

10  the bill of sale or invoice covering each transaction

11  involving whole crawfish, crawfish tails, or crawfish meat.

12  Such invoices and bills shall be kept available at all times

13  for inspection by the commission department.

14         (6)  The Fish and Wildlife Conservation Commission may

15  Department of Environmental Protection is authorized to adopt

16  rules incorporating by reference such forms as are necessary

17  to administer implement the provisions of this section.

18         Section 21.  Section 370.25, Florida Statutes, is

19  amended to read:

20         370.25  Artificial fishing reef program; construction

21  grants to local governments.--

22         (1)  An artificial fishing reef program is created

23  within the Fish and Wildlife Conservation Commission

24  Department of Environmental Protection to enhance saltwater

25  fishing opportunities and to promote proper management of

26  fisheries resources associated with artificial reefs for the

27  public interest. Under the program, the commission department

28  shall provide grants and technical assistance to coastal local

29  governments and nonprofit organizations qualified under s.

30  501(c)(3) of the Internal Revenue Code for the siting and

31  development of saltwater artificial fishing reefs as well as


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    CS for SB 186                                  First Engrossed



  1  monitoring and evaluating their recreational, economic, and

  2  biological effectiveness. The program may be funded from

  3  state, federal, and private contributions.

  4         (2)  The commission department may adopt by rule

  5  procedures for submitting a grant application and criteria for

  6  allocating available funds.  Such criteria shall include, but

  7  not be limited to, the following:

  8         (a)  The number of artificial fishing reefs and extent

  9  of the natural reef community currently located in the general

10  vicinity;

11         (b)  The documented demand and public support for the

12  proposed reef;

13         (c)  The number of public and private access points to

14  the proposed reef;

15         (d)  The commitment of the local government or

16  authorized nonprofit organization to provide funds or other

17  support for the development, monitoring, evaluation, and

18  management of the proposed reef;

19         (e)  The estimated cost for developing or monitoring

20  the proposed reef;

21         (f)  The stated objectives for developing or evaluating

22  the reef and a means to measure the level of attainment of

23  these objectives; and

24         (g)  The ability of applicants to conduct artificial

25  reef monitoring projects using established scientific protocol

26  either independently or in collaboration with marine research

27  entities.

28         (3)  The commission department shall establish criteria

29  for siting, constructing, managing, and evaluating the

30  effectiveness of artificial reefs, including the specification

31  of what materials are permissible to use in constructing


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    CS for SB 186                                  First Engrossed



  1  fishing reefs. No material shall be permitted to be used as an

  2  artificial reef under conditions where hurricane force storm

  3  events could reasonably be expected to cause the underwater

  4  lateral movement of the material off the permitted reef site,

  5  or cause substantial structural failure of the material. No

  6  material shall be permitted to be used as an artificial reef

  7  which has a demonstrated life expectancy in sea water as a

  8  functioning reef community of less than 20 years, or which has

  9  not been found to be safe for marine life and human health by

10  the commission department. Each artificial reef must be

11  constructed in a manner that is consistent with the public

12  interest, will not harm the marine environment, or impede

13  navigation or other traditional uses.

14         (4)  The commission department shall establish criteria

15  for determining the eligibility of nonprofit organizations

16  qualified under s. 501(c)(3) of the Internal Revenue Code to

17  apply for and receive available reef development or evaluation

18  funds. The criteria must include, but are not limited to:

19         (a)  The organization must show proof that it is a

20  nonprofit organization qualified under s. 501(c)(3) of the

21  Internal Revenue Code and currently operating in full

22  compliance with United States Internal Revenue Service

23  regulations defining and governing those organizations.

24         (b)  The organization must have as one of its principal

25  charges the development or monitoring of artificial reefs and

26  must agree to use the best science-based management practices

27  available.

28         (c)  The organization must be a not-for-profit

29  corporation and must have its principal place of business

30  within the state.

31


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    CS for SB 186                                  First Engrossed



  1         (5)  The commission's department's artificial reef

  2  program shall track artificial reef development activities

  3  statewide and maintain a computer database of this activity

  4  for the public interest and to facilitate long-range planning

  5  and coordination within the commission department and among

  6  local governments.

  7         (6)  It is unlawful for any person to:

  8         (a)  Place artificial-reef-construction materials in

  9  state water outside zones permitted under the terms and

10  conditions defined in the applicable environmental permits and

11  under United States Army Corps of Engineers permits held by

12  the commission department or a local government.

13         (b)  Place in state waters artificial-reef-construction

14  materials that have not been inspected and approved by the

15  commission department or a commission department-certified

16  inspector.

17         (7)(a)  An initial violation of subsection (6) is a

18  misdemeanor of the first degree, punishable as provided in s.

19  775.082 or s. 775.083. A subsequent violation of subsection

20  (6) which is committed within 12 months after a previous

21  violation of that subsection is a felony of the third degree,

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

23  775.084.

24         (b)  If a violation of paragraph (4)(a) or paragraph

25  (6)(a) occurs, a law enforcement officer may terminate a

26  vessel's voyage and order the vessel operator to return

27  immediately to port. The vessel operator must immediately

28  dispose of the materials on shore according to applicable

29  waste disposal laws.

30         (c)  If, at the time of the violation, the vessel that

31  is involved in the violation:


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    CS for SB 186                                  First Engrossed



  1         1.  Is moored, the registered owner of the vessel is

  2  responsible for the violation.

  3         2.  Is underway, the captain or operator of the vessel

  4  is and the registered owner of the vessel are jointly

  5  responsible for the violation.

  6         (d)  In addition to the penalties imposed in this

  7  subsection, the commission department shall assess civil

  8  penalties of up to $5,000 against any person convicted of

  9  violating subsection (6) and may suspend or revoke the vessel

10  registration and may revoke existing reef-construction permits

11  and other state marine licenses held by the violator. For the

12  purposes of this section, conviction includes any judicial

13  disposition other than acquittal or dismissal.

14         Section 22.  Section 372.021, Florida Statutes, is

15  amended to read:

16         372.021  Powers, duties, and authority of commission;

17  rules, regulations, and orders.--The Fish and Wildlife

18  Conservation Game and Fresh Water Fish Commission may exercise

19  the powers, duties, and authority granted by s. 9, Art. IV of

20  the Constitution of Florida, and as otherwise authorized by

21  the Legislature by the adoption of rules, regulations, and

22  orders in accordance with chapter 120.

23         Section 23.  Section 372.05, Florida Statutes, is

24  amended to read:

25         372.05  Duties of executive director.--The executive

26  director of the Fish and Wildlife Conservation Commission

27  shall:

28         (1)  Keep full and correct minutes of the proceedings

29  of said commission at its meetings, which minutes shall be

30  open for public inspection.

31


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    CS for SB 186                                  First Engrossed



  1         (2)  Purchase such supplies and employ such help and

  2  assistants as may be reasonably necessary in the performance

  3  of the executive director's duties.

  4         (3)  Have full authority to represent the commission in

  5  its dealings with other state departments, county

  6  commissioners, and the federal government.

  7         (4)  Submit to the commission at each of its meetings a

  8  report of all the executive director's actions and doings as

  9  official representative of the commission.

10         (5)  Visit each county in the state at least once each

11  year and oftener if it appears to the director to be

12  necessary.

13         (5)(6)  Appoint, fix salaries of, and at pleasure

14  remove, subject to the approval of the commission, assistants

15  and other employees who shall have such powers and duties as

16  may be assigned to them by the commission or executive

17  director.

18         (6)(7)  Have such other powers and duties as may be

19  prescribed by the commission in pursuance of its duties under

20  s. 9, Art. IV of the State Constitution.

21         Section 24.  Section 372.07, Florida Statutes, is

22  amended to read:

23         372.07  Police powers of commission and its agents.--

24         (1)  The Fish and Wildlife Conservation Commission, the

25  executive director and the executive director's assistants

26  designated by her or him, and each wildlife officer are

27  constituted peace officers with the power to make arrests for

28  violations of the laws of this state when committed in the

29  presence of the officer or when committed on lands under the

30  supervision and management of the commission.  The general

31  laws applicable to arrests by peace officers of this state


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    CS for SB 186                                  First Engrossed



  1  shall also be applicable to said director, assistants, and

  2  wildlife officers. Such persons may enter upon any land or

  3  waters of the state for performance of their lawful duties and

  4  may take with them any necessary equipment, and such entry

  5  shall not constitute a trespass.

  6         (2)  Such Said officers shall have power and authority

  7  to enforce throughout the state all laws relating to game,

  8  nongame birds, freshwater fish, and fur-bearing animals and

  9  all rules and regulations of the Fish and Wildlife

10  Conservation Commission relating to wild animal life, marine

11  life, and freshwater aquatic life, and in connection with said

12  laws, rules, and regulations, in the enforcement thereof and

13  in the performance of their duties thereunder, to:

14         (a)  Go upon all premises, posted or otherwise;

15         (b)  Execute warrants and search warrants for the

16  violation of said laws;

17         (c)  Serve subpoenas issued for the examination,

18  investigation, and trial of all offenses against said laws;

19         (d)  Carry firearms or other weapons, concealed or

20  otherwise, in the performance of their duties;

21         (e)  Arrest upon probable cause without warrant any

22  person found in the act of violating any of the provisions of

23  said laws or, in pursuit immediately following such

24  violations, to examine any person, boat, conveyance, vehicle,

25  game bag, game coat, or other receptacle for wild animal life,

26  marine life, or freshwater aquatic life, or any camp, tent,

27  cabin, or roster, in the presence of any person stopping at or

28  belonging to such camp, tent, cabin, or roster, when said

29  officer has reason to believe, and has exhibited her or his

30  authority and stated to the suspected person in charge the

31


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    CS for SB 186                                  First Engrossed



  1  officer's reason for believing, that any of the aforesaid laws

  2  have been violated at such camp;

  3         (f)  Secure and execute search warrants and in

  4  pursuance thereof to enter any building, enclosure, or car and

  5  to break open, when found necessary, any apartment, chest,

  6  locker, box, trunk, crate, basket, bag, package, or container

  7  and examine the contents thereof;

  8         (g)  Seize and take possession of all wild animal life,

  9  marine life, or freshwater aquatic life taken or in possession

10  or under control of, or shipped or about to be shipped by, any

11  person at any time in any manner contrary to said laws.

12         (3)  It is unlawful for any person to resist an arrest

13  authorized by this section or in any manner to interfere,

14  either by abetting, assisting such resistance, or otherwise

15  interfering with said executive director, assistants, or

16  wildlife officers while engaged in the performance of the

17  duties imposed upon them by law or regulation of the Fish and

18  Wildlife Conservation Commission.

19         Section 25.  Paragraph (b) of subsection (2) and

20  paragraph (b) of subsection (3) of section 372.105, Florida

21  Statutes, are amended to read:

22         372.105  Lifetime Fish and Wildlife Trust Fund.--

23         (2)  The principal of the fund shall be derived from

24  the following:

25         (b)  Proceeds from the sale of lifetime licenses issued

26  in accordance with s. 372.57 with the exception of the

27  saltwater portion of the lifetime sportsman's license.

28         (3)  The fund is declared to constitute a special trust

29  derived from a contractual relationship between the state and

30  the members of the public whose investments contribute to the

31  fund.  In recognition of such special trust, the following


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    CS for SB 186                                  First Engrossed



  1  limitations and restrictions are placed on expenditures from

  2  the funds:

  3         (b)  The interest income received and accruing from the

  4  investments of the fund shall be spent in furtherance of the

  5  commission's exercise of the regulatory and executive powers

  6  of the state with respect to the management, protection, and

  7  conservation of wild animal life and saltwater and freshwater

  8  aquatic life as set forth in s. 9, Art. IV of the State

  9  Constitution and this chapter and as otherwise authorized by

10  the Legislature.

11         Section 26.  Section 372.121, Florida Statutes, is

12  amended to read:

13         372.121  Control and management of state game lands.--

14         (1)  The Fish and Wildlife Conservation Commission is

15  authorized to make, adopt, promulgate, amend, repeal, and

16  enforce all reasonable rules and regulations necessary for the

17  protection, control, operation, management, or development of

18  lands or waters owned by, leased by, or otherwise assigned to,

19  the commission for fish or wildlife management purposes,

20  including but not being limited to the right of ingress and

21  egress.  Before any such rule or regulation is adopted, other

22  than one relating to wild animal life, marine life, or

23  freshwater aquatic life, the commission shall obtain the

24  consent and agreement, in writing, of the owner, in the case

25  of privately owned lands or waters, or the owner or primary

26  custodian, in the case of public lands or waters.

27         (2)  Any person violating or otherwise failing to

28  comply with any rule or regulation so adopted commits is

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

30  provided in s. 775.082 or s. 775.083.

31


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    CS for SB 186                                  First Engrossed



  1         Section 27.  Subsection (1) of section 372.991, Florida

  2  Statutes, is amended to read:

  3         372.991  Nongame Wildlife Trust Fund.--

  4         (1)  The Legislature recognizes the value of

  5  maintaining ecologically healthy and stable populations of a

  6  wide diversity of fish and wildlife species and recognizes the

  7  need for monitoring, research, management, and public

  8  awareness of all wildlife species in order to guarantee that

  9  self-sustaining populations be conserved.  The Legislature

10  further recognizes that research and management for game

11  species traditionally have been supported by licenses and fees

12  collected by the Fish and Wildlife Conservation Game and Fresh

13  Water Fish Commission for consumptive uses of wildlife and

14  that no such support mechanism is available for species not

15  commonly pursued for sport or profit.  It is the intent of the

16  Legislature that the funds provided herein be spent to

17  identify and meet the needs of nongame wildlife as a first

18  priority with the ultimate goal of establishing an integrated

19  approach to the management and conservation of all native

20  fish, wildlife, and plants.

21         Section 28.  Subsections (6) and (12) of section

22  373.4149, Florida Statutes, are amended to read:

23         373.4149  Miami-Dade County Lake Belt Plan.--

24         (6)  The Miami-Dade County Lake Belt Plan

25  Implementation Committee shall be appointed by the governing

26  board of the South Florida Water Management District to

27  develop a strategy for the design and implementation of the

28  Miami-Dade County Lake Belt Plan. The committee shall consist

29  of the chair of the governing board of the South Florida Water

30  Management District, who shall serve as chair of the

31  committee, the policy director of Environmental and Growth


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    CS for SB 186                                  First Engrossed



  1  Management in the office of the Governor, the secretary of the

  2  Department of Environmental Protection, the director of the

  3  Division of Water Facilities or its successor division within

  4  the Department of Environmental Protection, the director of

  5  the Office of Tourism, Trade, and Economic Development within

  6  the office of the Governor, the secretary of the Department of

  7  Community Affairs, the executive director of the Fish and

  8  Wildlife Conservation Game and Freshwater Fish Commission, the

  9  director of the Department of Environmental Resource

10  Management of Miami-Dade County, the director of the

11  Miami-Dade County Water and Sewer Department, the Director of

12  Planning in Miami-Dade County, a representative of the Friends

13  of the Everglades, a representative of the Florida Audubon

14  Society, a representative of the Florida chapter of the Sierra

15  Club, four representatives of the nonmining private landowners

16  within the Miami-Dade County Lake Belt Area, and four

17  representatives from the limestone mining industry to be

18  appointed by the governing board of the South Florida Water

19  Management District. Two ex officio seats on the committee

20  will be filled by one member of the Florida House of

21  Representatives to be selected by the Speaker of the House of

22  Representatives from among representatives whose districts, or

23  some portion of whose districts, are included within the

24  geographical scope of the committee as described in subsection

25  (3), and one member of the Florida Senate to be selected by

26  the President of the Senate from among senators whose

27  districts, or some portion of whose districts, are included

28  within the geographical scope of the committee as described in

29  subsection (3).  The committee may appoint other ex officio

30  members, as needed, by a majority vote of all committee

31  members.  A committee member may designate in writing an


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    CS for SB 186                                  First Engrossed



  1  alternate member who, in the member's absence, may participate

  2  and vote in committee meetings.

  3         (12)  The secretary of the Department of Environmental

  4  Protection, the secretary of the Department of Community

  5  Affairs, the secretary of the Department of Transportation,

  6  the Commissioner of Agriculture, the executive director of the

  7  Fish and Wildlife Conservation Game and Freshwater Fish

  8  Commission, and the executive director of the South Florida

  9  Water Management District may enter into agreements with

10  landowners, developers, businesses, industries, individuals,

11  and governmental agencies as necessary to effectuate the

12  provisions of this section.

13         Section 29.  Paragraph (b) of subsection (6) of section

14  373.41492, Florida Statutes, is amended to read:

15         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

16  mitigation for mining activities within the Miami-Dade County

17  Lake Belt.--

18         (6)

19         (b)  Expenditures must be approved by an interagency

20  committee consisting of representatives from each of the

21  following:  the Miami-Dade County Department of Environmental

22  Resource Management, the Department of Environmental

23  Protection, the South Florida Water Management District, and

24  the Fish and Wildlife Conservation Game and Fresh Water Fish

25  Commission. In addition, the limerock mining industry shall

26  select a representative to serve as a nonvoting member of the

27  interagency committee. At the discretion of the committee,

28  additional members may be added to represent federal

29  regulatory, environmental, and fish and wildlife agencies.

30         Section 30.  Subsection (3) of section 403.141, Florida

31  Statutes, is amended to read:


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    CS for SB 186                                  First Engrossed



  1         403.141  Civil liability; joint and several

  2  liability.--

  3         (3)  In assessing damages for fish killed, the value of

  4  the fish is to be determined in accordance with a table of

  5  values for individual categories of fish which shall be

  6  promulgated by the department. At the time the table is

  7  adopted, the department shall use utilize tables of values

  8  established by the Department of Environmental Protection and

  9  the Fish and Wildlife Conservation Game and Fresh Water Fish

10  Commission. The total number of fish killed may be estimated

11  by standard practices used in estimating fish population.

12         Section 31.  Paragraph (h) of subsection (12) of

13  section 403.707, Florida Statutes, is amended to read:

14         403.707  Permits.--

15         (12)  The department shall establish a separate

16  category for solid waste management facilities which accept

17  only construction and demolition debris for disposal or

18  recycling.  The department shall establish a reasonable

19  schedule for existing facilities to comply with this section

20  to avoid undue hardship to such facilities.  However, a

21  permitted solid waste disposal unit which receives a

22  significant amount of waste prior to the compliance deadline

23  established in this schedule shall not be required to be

24  retrofitted with liners or leachate control systems.

25  Facilities accepting materials defined in s. 403.703(17)(b)

26  must implement a groundwater monitoring system adequate to

27  detect contaminants that may reasonably be expected to result

28  from such disposal prior to the acceptance of those materials.

29         (h)  The department shall ensure that the requirements

30  of this section are applied and interpreted consistently

31  throughout the state.  In accordance with s. 20.255 s.


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    CS for SB 186                                  First Engrossed



  1  20.255(6), the Division of Waste Management shall direct the

  2  district offices and bureaus on matters relating to the

  3  interpretation and applicability of this section.

  4         Section 32.  Paragraph (b) of subsection (1) of section

  5  570.235, Florida Statutes, is amended to read:

  6         570.235  Pest Exclusion Advisory Committee.--

  7         (1)  There is created within the department a Pest

  8  Exclusion Advisory Committee. The advisory committee shall be

  9  composed of 24 members.

10         (b)  In addition, the committee shall be composed of

11  the following 7 members:

12         1.  Two members representing and appointed by the

13  Animal and Plant Health Inspection Service, United States

14  Department of Agriculture.

15         2.  One member representing and appointed by the

16  Florida Department of Health.

17         3.  One member representing and appointed by the

18  Florida Department of Environmental Protection.

19         4.  One member representing and appointed by the Fish

20  and Wildlife Conservation Florida Game and Fresh Water Fish

21  Commission.

22         5.  One member appointed by the Speaker of the House of

23  Representatives.

24         6.  One member appointed by the President of the

25  Senate.

26         Section 33.  Paragraph (e) of subsection (7) of section

27  590.02, Florida Statutes, is amended to read:

28         590.02  Division powers, authority, and duties;

29  liability; building structures; Florida Center for Wildfire

30  and Forest Resources Management Training.--

31


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    CS for SB 186                                  First Engrossed



  1         (7)  The division may organize, staff, equip, and

  2  operate the Florida Center for Wildfire and Forest Resources

  3  Management Training. The center shall serve as a site where

  4  fire and forest resource managers can obtain current

  5  knowledge, techniques, skills, and theory as they relate to

  6  their respective disciplines.

  7         (e)  An advisory committee consisting of the following

  8  individuals or their designees must review program curriculum,

  9  course content, and scheduling: the Director of the Florida

10  Division of Forestry; the Assistant Director of the Florida

11  Division of Forestry; the Director of the School of Forest

12  Resources and Conservation of the University of Florida; the

13  Director of the Division of Recreation and Parks of the

14  Department of Environmental Protection; the Director of the

15  Division of the State Fire Marshal; the Director of the

16  Florida Chapter of The Nature Conservancy; the Executive Vice

17  President of the Florida Forestry Association; the President

18  of the Florida Farm Bureau Federation; the Executive Director

19  of the Fish and Wildlife Conservation Florida Game and Fresh

20  Water Fish Commission; the Executive Director of a Water

21  Management District as appointed by the Commissioner of

22  Agriculture; the Supervisor of the National Forests in

23  Florida; the President of the Florida Fire Chief's

24  Association; and the Executive Director of the Tall Timbers

25  Research Station.

26         Section 34.  Subsection (5) of section 597.004, Florida

27  Statutes, is amended to read:

28         597.004  Aquaculture certificate of registration.--

29         (5)  SALE OF AQUACULTURE PRODUCTS.--

30         (a)  Aquaculture products, except shellfish, snook, and

31  any fish of the genus Micropterus, and prohibited and


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    CS for SB 186                                  First Engrossed



  1  restricted freshwater and marine species identified by rules

  2  of the Fish and Wildlife Conservation Commission, may be sold

  3  by an aquaculture producer certified pursuant to s. 597.004

  4  without restriction so long as product origin can be

  5  identified.

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

  7  accordance with shellfish handling regulations of the

  8  Department of Agriculture and Consumer Services Department of

  9  Environmental Protection established to protect public health.

10         Section 35.  Subsection (3) of section 705.101, Florida

11  Statutes, is amended to read:

12         705.101  Definitions.--As used in this chapter:

13         (3)  "Abandoned property" means all tangible personal

14  property that which does not have an identifiable owner and

15  that which has been disposed on public property in a wrecked,

16  inoperative, or partially dismantled condition or which has no

17  apparent intrinsic value to the rightful owner. However,

18  vessels determined to be derelict by the Fish and Wildlife

19  Conservation Commission Department of Environmental Protection

20  or a county or municipality in accordance with the provisions

21  of s. 823.11 are shall not be included within in this

22  definition.

23         Section 36.  Subsections (2) and (4) of section

24  705.103, Florida Statutes, are amended to read:

25         705.103  Procedure for abandoned or lost property.--

26         (2)  Whenever a law enforcement officer ascertains that

27  an article of lost or abandoned property is present on public

28  property and is of such nature that it cannot be easily

29  removed, the officer shall cause a notice to be placed upon

30  such article in substantially the following form:

31


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    CS for SB 186                                  First Engrossed



  1  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED

  2  PROPERTY. This property, to wit: ...(setting forth brief

  3  description)... is unlawfully upon public property known as

  4  ...(setting forth brief description of location)... and must

  5  be removed within 5 days; otherwise, it will be removed and

  6  disposed of pursuant to chapter 705, Florida Statutes. The

  7  owner will be liable for the costs of removal, storage, and

  8  publication of notice. Dated this: ...(setting forth the date

  9  of posting of notice)..., signed: ...(setting forth name,

10  title, address, and telephone number of law enforcement

11  officer)....

12

13  Such notice shall be not less than 8 inches by 10 inches and

14  shall be sufficiently weatherproof to withstand normal

15  exposure to the elements. In addition to posting, the law

16  enforcement officer shall make a reasonable effort to

17  ascertain the name and address of the owner. If such is

18  reasonably available to the officer, she or he shall mail a

19  copy of such notice to the owner on or before the date of

20  posting. If the property is a motor vehicle as defined in s.

21  320.01(1) or a vessel as defined in s. 327.02, the law

22  enforcement agency shall contact the Department of Highway

23  Safety and Motor Vehicles or the Department of Environmental

24  Protection, respectively, in order to determine the name and

25  address of the owner and any person who has filed a lien on

26  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.

27  328.15(1). On receipt of this information, the law enforcement

28  agency shall mail a copy of the notice by certified mail,

29  return receipt requested, to the owner and to the lienholder,

30  if any. If, at the end of 5 days after posting the notice and

31  mailing such notice, if required, the owner or any person


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    CS for SB 186                                  First Engrossed



  1  interested in the lost or abandoned article or articles

  2  described has not removed the article or articles from public

  3  property or shown reasonable cause for failure to do so, the

  4  following shall apply:

  5         (a)  For abandoned property, the law enforcement agency

  6  may retain any or all of the property for its own use or for

  7  use by the state or unit of local government, trade such

  8  property to another unit of local government or state agency,

  9  donate the property to a charitable organization, sell the

10  property, or notify the appropriate refuse removal service.

11         (b)  For lost property, the officer shall take custody

12  and the agency shall retain custody of the property for 90

13  days. The agency shall publish notice of the intended

14  disposition of the property, as provided in this section,

15  during the first 45 days of this time period.

16         1.  If the agency elects to retain the property for use

17  by the unit of government, donate the property to a charitable

18  organization, surrender such property to the finder, sell the

19  property, or trade the property to another unit of local

20  government or state agency, notice of such election shall be

21  given by an advertisement published once a week for 2

22  consecutive weeks in a newspaper of general circulation in the

23  county where the property was found if the value of the

24  property is more than $100. If the value of the property is

25  $100 or less, notice shall be given by posting a description

26  of the property at the law enforcement agency where the

27  property was turned in. The notice must be posted for not less

28  than 2 consecutive weeks in a public place designated by the

29  law enforcement agency. The notice must describe the property

30  in a manner reasonably adequate to permit the rightful owner

31  of the property to claim it.


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    CS for SB 186                                  First Engrossed



  1         2.  If the agency elects to sell the property, it must

  2  do so at public sale by competitive bidding. Notice of the

  3  time and place of the sale shall be given by an advertisement

  4  of the sale published once a week for 2 consecutive weeks in a

  5  newspaper of general circulation in the county where the sale

  6  is to be held. The notice shall include a statement that the

  7  sale shall be subject to any and all liens. The sale must be

  8  held at the nearest suitable place to that where the lost or

  9  abandoned property is held or stored. The advertisement must

10  include a description of the goods and the time and place of

11  the sale. The sale may take place no earlier than 10 days

12  after the final publication. If there is no newspaper of

13  general circulation in the county where the sale is to be

14  held, the advertisement shall be posted at the door of the

15  courthouse and at three other public places in the county at

16  least 10 days prior to sale. Notice of the agency's intended

17  disposition shall describe the property in a manner reasonably

18  adequate to permit the rightful owner of the property to

19  identify it.

20         (4)  The owner of any abandoned or lost property who,

21  after notice as provided in this section, does not remove such

22  property within the specified period shall be liable to the

23  law enforcement agency for all costs of removal, storage, and

24  destruction of such property, less any salvage value obtained

25  by disposal of the property. Upon final disposition of the

26  property, the law enforcement officer shall notify the owner,

27  if known, of the amount owed. In the case of an abandoned boat

28  or motor vehicle, any person who neglects or refuses to pay

29  such amount is not entitled to be issued a certificate of

30  registration for such boat or motor vehicle, or any other boat

31  or motor vehicle, until such costs have been paid. The law


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    CS for SB 186                                  First Engrossed



  1  enforcement officer shall supply the Department of Highway

  2  Safety and Motor Vehicles Environmental Protection with a list

  3  of persons whose boat registration privileges or have been

  4  revoked under this subsection and the Department of Motor

  5  Vehicles with a list of persons whose motor vehicle privileges

  6  have been revoked under this subsection. Neither the

  7  department nor any other person acting as agent thereof shall

  8  issue a certificate of registration to a person whose boat or

  9  motor vehicle registration privileges have been revoked, as

10  provided by this subsection, until such costs have been paid.

11         Section 37.  Subsection (1) of section 832.06, Florida

12  Statutes, is amended to read:

13         832.06  Prosecution for worthless checks given tax

14  collector for licenses or taxes; refunds.--

15         (1)  Whenever any person, firm, or corporation violates

16  the provisions of s. 832.05 by drawing, making, uttering,

17  issuing, or delivering to any county tax collector any check,

18  draft, or other written order on any bank or depository for

19  the payment of money or its equivalent for any tag, title,

20  lien, tax (except ad valorem taxes), penalty, or fee relative

21  to a boat, airplane, motor vehicle, driver license, or

22  identification card; any occupational license, beverage

23  license, or sales or use tax; or any hunting or fishing

24  license, the county tax collector, after the exercise of due

25  diligence to locate the person, firm, or corporation which

26  drew, made, uttered, issued, or delivered the check, draft, or

27  other written order for the payment of money, or to collect

28  the same by the exercise of due diligence and prudence, shall

29  swear out a complaint in the proper court against the person,

30  firm, or corporation for the issuance of the worthless check

31  or draft. If the state attorney cannot sign the information


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    CS for SB 186                                  First Engrossed



  1  due to lack of proof, as determined by the state attorney in

  2  good faith, for a prima facie case in court, he or she shall

  3  issue a certificate so stating to the tax collector. If

  4  payment of the dishonored check, draft, or other written

  5  order, together with court costs expended, is not received in

  6  full by the county tax collector within 30 days after service

  7  of the warrant, 30 days after conviction, or 60 days after the

  8  collector swears out the complaint or receives the certificate

  9  of the state attorney, whichever is first, the county tax

10  collector shall make a written report to this effect to the

11  Department of Highway Safety and Motor Vehicles relative to

12  motor vehicles and vessels, to the Department of Revenue

13  relative to occupational licenses and the sales and use tax,

14  to the Division of Alcoholic Beverages and Tobacco of the

15  Department of Business and Professional Regulation relative to

16  beverage licenses, or to the Fish and Wildlife Conservation

17  Game and Fresh Water Fish Commission relative to hunting and

18  fishing licenses, containing a statement of the amount

19  remaining unpaid on the worthless check or draft. If the

20  information is not signed, the certificate of the state

21  attorney is issued, and the written report of the amount

22  remaining unpaid is made, the county tax collector may request

23  the sum be forthwith refunded by the appropriate governmental

24  entity, agency, or department. If a warrant has been issued

25  and served, he or she shall certify to that effect, together

26  with the court costs and amount remaining unpaid on the check.

27  The county tax collector may request that the sum of money

28  certified by him or her be forthwith refunded by the

29  Department of Highway Safety and Motor Vehicles, the

30  Department of Revenue, the Division of Alcoholic Beverages and

31  Tobacco of the Department of Business and Professional


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    CS for SB 186                                  First Engrossed



  1  Regulation, or the Fish and Wildlife Conservation Game and

  2  Fresh Water Fish Commission to the county tax collector.

  3  Within 30 days after receipt of the request, the Department of

  4  Highway Safety and Motor Vehicles, the Department of Revenue,

  5  the Division of Alcoholic Beverages and Tobacco of the

  6  Department of Business and Professional Regulation, or the

  7  Fish and Wildlife Conservation Game and Fresh Water Fish

  8  Commission, upon being satisfied as to the correctness of the

  9  certificate of the tax collector, or the report, shall refund

10  to the county tax collector the sums of money so certified or

11  reported. If any officer of any court issuing the warrant is

12  unable to serve it within 60 days after the issuance and

13  delivery of it to the officer for service, the officer shall

14  make a written return to the county tax collector to this

15  effect. Thereafter, the county tax collector may certify that

16  the warrant has been issued and that service has not been had

17  upon the defendant and further certify the amount of the

18  worthless check or draft and the amount of court costs

19  expended by the county tax collector, and the county tax

20  collector may file the certificate with the Department of

21  Highway Safety and Motor Vehicles relative to motor vehicles

22  and vessels, with the Department of Revenue relative to

23  occupational licenses and the sales and use tax, with the

24  Division of Alcoholic Beverages and Tobacco of the Department

25  of Business and Professional Regulation relative to beverage

26  licenses, or with the Fish and Wildlife Conservation Game and

27  Fresh Water Fish Commission relative to hunting and fishing

28  licenses, together with a request that the sums of money so

29  certified be forthwith refunded by the Department of Highway

30  Safety and Motor Vehicles, the Department of Revenue, the

31  Division of Alcoholic Beverages and Tobacco of the Department


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    CS for SB 186                                  First Engrossed



  1  of Business and Professional Regulation, or the Fish and

  2  Wildlife Conservation Game and Fresh Water Fish Commission to

  3  the county tax collector, and within 30 days after receipt of

  4  the request, the Department of Highway Safety and Motor

  5  Vehicles, the Department of Revenue, the Division of Alcoholic

  6  Beverages and Tobacco of the Department of Business and

  7  Professional Regulation, or the Fish and Wildlife Conservation

  8  Game and Fresh Water Fish Commission, upon being satisfied as

  9  to the correctness of the certificate, shall refund the sums

10  of money so certified to the county tax collector.

11         (2)  The provisions of this act shall be liberally

12  construed in order to effectively carry out the purposes of

13  this act in the interest of the public.

14         Section 38.  Paragraph (h) of subsection (1) of section

15  260.016, Florida Statutes, is created to read:

16         260.016  General powers of the department.--

17         (1)  The department may:

18         (h)  Receive or accept from any legal source, grants

19  for the purpose of providing or improving public greenways and

20  trails, and the department is authorized to disburse funds as

21  pass-through grants to federal, state, or local government

22  agencies, recognized tribal units, or to nonprofit entities

23  created for this purpose. The department has authority to

24  adopt rules pursuant to s. 120.536(1) and 120.54 to implement

25  the provisions of this subsection. Such rules shall provide,

26  but are not limited to, the following:  procedures for grant

27  administration and accountability; eligibility, selection

28  criteria; maximum grant amounts and number of pending grants;

29  dedication requirements; and conversion procedures and

30  requirements.

31


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    CS for SB 186                                  First Engrossed



  1         Section 39.  Subsection (1) of section 375.075, Florida

  2  Statutes, is amended to read:

  3         375.075  Outdoor recreation; financial assistance to

  4  local governments.--

  5         (1)  The Department of Environmental Protection is

  6  authorized, pursuant to s. 370.023, to establish the Florida

  7  Recreation Development Assistance Program to provide grants to

  8  qualified local governmental entities to acquire or develop

  9  land for public outdoor recreation purposes. To the extent not

10  needed for debt service on bonds issued pursuant to s.

11  375.051, each fiscal year through fiscal year 2000-2001, the

12  department shall develop and plan a program which shall be

13  based upon funding of not less than 5 percent of the money

14  credited to the Land Acquisition Trust Fund pursuant to s.

15  201.15(2) and (3) in that year. Beginning fiscal year

16  2001-2002, the department shall develop and plan a program

17  which shall be based upon funding provided from the Florida

18  Forever Trust Fund pursuant to s. 259.105(3)(c).

19         Section 40.  Sections 370.013, 370.017, 370.032,

20  370.033, 370.034, 370.036, 370.037, 370.038, 370.0606,

21  370.0805, 372.04, 372.061, 373.197, and 403.261, Florida

22  Statutes, and subsection (6) of section 370.021, and

23  subsection (12) of section 370.14, Florida Statutes, are

24  repealed.

25         Section 41.  This act shall take effect upon becoming a

26  law.

27

28

29

30

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