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