Florida Statutes

13133. Florida

Florida Statutes § 253.002 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.002 Department of Environmental Protection, water management districts, and

Department of Agriculture and Consumer Services; duties with respect to state lands.

(1) The Department of Environmental Protection shall perform all staff

duties and functions related to the acquisition, administration, and disposition

of state lands, title to which is or will be vested in the Board of Trustees of

the Internal Improvement Trust Fund. However, upon the effective date of rules

adopted pursuant to s. 373.427, a water management district created under s.

373.069 shall perform the staff duties and functions related to the review of

any application for authorization to use board of trustees-owned submerged lands

necessary for an activity regulated under part IV of chapter 373 for which the

water management district has permitting responsibility as set forth in an

operating agreement adopted pursuant to s. 373.046(4); and effective July 1,

2000, the Department of Agriculture and Consumer Services shall perform the

staff duties and functions related to the review of applications and compliance

with lease conditions for use of board of trustees-owned submerged lands under

leases issued pursuant to ss. 253.67-253.75 and 597.010. Unless expressly

prohibited by law, the board of trustees may delegate to the department any

statutory duty or obligation relating to the acquisition, administration, or

disposition of lands, title to which is or will be vested in the board of

trustees. The board of trustees may also delegate to any water management

district created under s. 373.069 the authority to take final agency action,

without any action on behalf of the board, on applications for authorization to

use board of trustees-owned submerged lands for any activity regulated under

part IV of chapter 373 for which the water management district has permitting

responsibility as set forth in an operating agreement adopted pursuant to s.

373.046(4). This water management district responsibility under this subsection

shall be subject to the department's general supervisory authority pursuant to

s. 373.026(7). The board of trustees may also delegate to the Department of

Agriculture and Consumer Services the authority to take final agency action on

behalf of the board on applications to use board of trustees-owned submerged

lands for any activity for which that department has responsibility pursuant to

ss. 253.67-253.75 and 597.010. However, the board of trustees shall retain the

authority to take final agency action on establishing any areas for leasing, new

leases, expanding existing lease areas, or changing the type of lease activity

in existing leases. Upon issuance of an aquaculture lease or other real property

transaction relating to aquaculture, the Department of Agriculture and Consumer

Services must send a copy of the document and the accompanying survey to the

Department of Environmental Protection.

(2) Delegations to the department, or a water management district, or the

Department of Agriculture and Consumer Services of authority to take final

agency action on applications for authorization to use submerged lands owned

by the board of trustees, without any action on behalf of the board of trustees,

shall be by rule. Until rules adopted pursuant to this subsection become

effective, existing delegations by the board of trustees shall remain in full

force and effect. However, the board of trustees is not limited or prohibited

from amending these delegations. The board of trustees shall adopt by rule any

delegations of its authority to take final agency action without action by the

board of trustees on applications for authorization to use board of

trustees-owned submerged lands. Any final agency action, without action by the

board of trustees, taken by the department, or a water management district, or

the Department of Agriculture and Consumer Services on applications to use board

of trustees-owned submerged lands shall be subject to the provisions of s.

373.4275. Notwithstanding any other provision of this subsection, the board of

trustees, the Department of Legal Affairs, and the department retain the

concurrent authority to assert or defend title to submerged lands owned by the

board of trustees.

Florida Statutes § 253.68 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.68 Authority to lease submerged land and water column.

(1) To the extent that it is not contrary to the public interest, and

subject to limitations contained in ss. 253.67-253.75, the board of trustees may

lease submerged lands to which it has title for the conduct of aquaculture

activities and grant exclusive use of the bottom and the water column to the

extent required by such activities. Such leases may authorize use of the

submerged land and water column for either commercial or experimental purposes.

However, a resolution of objection adopted by a majority of the county

commission of a county within whose boundaries the proposed leased area would

lie, if the boundaries were extended to the extent of the interest of the state,

may be filed with the board of trustees within 30 days of the date of the first

publication of notice as required by s. 253.70. Prior to the granting of any

such leases, the board shall establish and publish a list of guidelines to be

followed when considering applications for lease. Such guidelines shall be

designed to protect the public's interest in submerged lands and the publicly

owned water column.

(2) (a) The Legislature finds that the state's ability to supply fresh

seafood and other aquaculture products has been diminished by a combination of

factors, including a diminution of the resources and restrictions on the harvest

of certain marine species. The Legislature declares that it is in the state's

economic, resource enhancement, and food production interests to promote

aquaculture production of food and nonfood aquatic species by facilitating the

review and approval processes for leasing sovereignty submerged land or the

water column; simplifying environmental permitting; supporting educational,

research, and demonstration programs; and assisting certain local governments to

develop aquaculture as a means to promote economic development. The Legislature

declares that aquaculture shall be recognized as a practicable resource

management alternative to produce marine aquaculture products, to protect and

conserve natural resources, to reduce competition for natural stocks, and to

augment and restore natural populations. Therefore, for the purpose of this

section, the Legislature declares that aquaculture is in the public interest.

(b) It shall be the policy of the state to foster aquaculture development

when the aquaculture activity is consistent with state resource management

goals, environmental protection, proprietary interests, and the state

aquaculture plan.

Florida Statutes § 253.69 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.69 Application to lease submerged land and water column.

Any applicant desiring to lease a portion of the submerged lands of this

state for the purpose of conducting aquaculture activities shall file with the

board a written application in such form as it may prescribe, setting forth the

following information:

(1) The name and address of the applicant.

(2) A reasonably concise description of the location and amount of

submerged land desired and, after the lease is approved, a field survey of the

leased area and assurances that the site is properly posted pursuant to the

conditions of the lease and s. 327.41.

(3) A description of the aquaculture activities to be conducted, including

a specification whether such activities are to be experimental or commercial and

an assessment of the current capability of the applicant to carry on such

activities.

(4) Such other information as the board of trustees may by regulation

require.

Florida Statutes § 253.71

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.71 The lease contract.

When the board has determined that the proposed lease is not incompatible

with the public interest and that the applicant has demonstrated his or her

capacity to perform the operations upon which the application is based, it may

proceed to consummate a lease contract having the following features in addition

to others deemed desirable by the board:

(1) TERM.--The maximum initial terms shall be 10 years. Leases shall be

renewable for successive terms up to the same maximum upon agreement of the

parties.

(2) RENTAL FEES.--

(a) The lease contract shall specify such amount of rental per acre of

leased bottom as may be agreed to by the parties and shall take the form of

fixed rental to be paid throughout the term of the lease. Beginning January 1,

1990, a surcharge of $ 5 per acre, or any fraction of an acre, per annum shall

be levied upon each lease according to the guidelines set forth in s.

597.010(7). Beginning January 1, 2001, the surcharge shall be increased to $ 10

per acre, or any fraction of an acre, per annum.

(b) All leases shall stipulate for the payment of the initial term's first

year's annual rental within 30 days of the date of execution of the lease

instrument, and payment of the annual rental fee for all succeeding years

throughout the term of the lease on or before the anniversary date. Failure of

the lessee to pay such rent within 30 days of such date shall constitute ground

for cancellation of the lease and forfeiture to the state of all works,

improvements, and animal and plant life in and upon the leased land and water

column.

(3) MAXIMUM AREA TO BE LEASED.--The board shall not lease a larger area of

submerged land to any single lessee than has been demonstrated to be within the

lessee's capacity to utilize efficiently and consistent with the public

interest. However, the board may hold a reasonable area of adjacent bottom land

in reserve for the time when a holder of an experimental lease will begin

operation under a commercial lease. Successful conduct of aquaculture activities

on an experimental basis may be accepted as a demonstration of capacity to

conduct such operations on a commercial basis.

(4) PERFORMANCE REQUIREMENTS.--Failure of the lessee to perform effective

cultivation shall constitute ground for cancellation of the lease and forfeiture

to the state of all the works, improvements, and animal and plant life in and

upon the leased land and water column. Effective cultivation shall consist of

the grow out of the aquaculture product according to the business plan provided

in the lease contract.

(5) DISPOSITION OF IMPROVEMENTS AT TERMINATION OF CONTRACT.--Each contract

entered into under this act shall stipulate the disposition of improvements and

assets upon the leased lands and waters, including animal and plant life

resulting from aquaculture activities.

(6) ASSIGNABILITY OF LEASES.--Leases granted under this act shall be

assignable in whole or in part with the approval of the board.

(7) SPECIAL LEASE CONDITIONS.--Leases granted under this section may

contain special lease conditions that provide for flexibility in surveying and

posting lease boundaries, incorporate conditions necessary to issue permits

pursuant to part IV of chapter 373 and chapter 403, and provide for special

activities related to aquaculture and resource management.

Florida Statutes § 253.72 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.72 Marking of leased areas; restrictions on public use.

(1) The board shall require all lessees to stake off and mark the areas

under lease according to the conditions of the lease agreement and rules of the

board, by appropriate ranges, monuments, stakes, buoys, and fences, so placed as

not to interfere unnecessarily with navigation and other traditional uses of the surface.

(2) Except to the extent necessary to permit the effective development of

the species of animal or plant life being cultivated by the lessee, the public

shall be provided with means of reasonable ingress and egress to and from the

leased area for traditional water activities such as boating, swimming, and

fishing. All limitations upon the use by the public of the areas under lease

that are authorized by the terms of the lease shall be clearly posted by the

lessee pursuant to rules by the board. Any person willfully violating posted

restrictions commits a misdemeanor of the second degree, punishable as provided

in s. 775.082 or s. 775.083.

(3) To assist in protecting shellfish aquaculture products produced on

leases authorized pursuant to this chapter and chapter 597, harvesting shellfish

is prohibited within a distance of 25 feet outside lawfully marked lease

boundaries or within setback and access corridors within specifically designated

high-density aquaculture lease areas and aquaculture use zones.

Florida Statutes § 253.74 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.74 Penalties.

(1) Any person who conducts aquaculture activities in excess of those

authorized by lease agreement with the board or who conducts such activities on

state-owned submerged lands without having previously leased the same shall be

guilty of a misdemeanor and subject to imprisonment for not more than 6 months

or fine of not more than $ 1,000, or both. In addition to such fine and

imprisonment, all works, improvements, animal and plant life involved in the

project, may be forfeited to the state.

(2) Any person who is found by the department to have violated the

provisions of chapter 403 shall be subject to having his or her lease of

state-owned submerged lands canceled.

Florida Statutes § 253.75 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 253 STATE LANDS

253.75 Studies and recommendations by the department and the Fish and Wildlife

Conservation Commission; designation of recommended traditional and other use

zones; supervision of aquaculture operations.

(1) Prior to the granting of any lease under this act, the board shall

request comments by the Fish and Wildlife Conservation Commission when the

application relates to bottom land covered by fresh or salt water. Such comments

shall be based on such factors as an assessment of the probable effect of the

proposed lease on the conservation of fish or wildlife or other programs under

the constitutional or statutory authority of the Fish and Wildlife Conservation

Commission.

(2) The department and the Fish and Wildlife Conservation Commission shall

both have the following responsibilities with respect to submerged land and

water column falling within their respective jurisdictions:

(a) To undertake, or cause to be undertaken, the studies and surveys

necessary to support their respective recommendations to the board;

(b) To institute procedures for supervising the aquaculture activities of

lessees holding under this act and reporting thereon from time to time to the

board; and

by the state for which they recommend reservation for uses that may possibly be

inconsistent with the conduct of aquaculture activities. Such uses shall

include, but not be limited to, recreational, commercial and sport fishing and

other traditional uses, exploration for petroleum and other minerals, and

scientific instrumentation. The existence of such designated areas shall be

considered by the board in granting leases under this act.

Florida Statutes § 258.42 (2000).

TITLE XVIII PUBLIC LANDS AND PROPERTY

CHAPTER 258 STATE PARKS AND PRESERVES

PART II AQUATIC PRESERVES

258.42 Maintenance of preserves.

The Board of Trustees of the Internal Improvement Trust Fund shall maintain

such aquatic preserves subject to the following provisions:

(1) (a) No further sale, lease, or transfer of sovereignty submerged lands

shall be approved or consummated by the trustees except when such sale, lease,

or transfer is in the public interest.

(b) For purposes of this subsection, aquaculture is in the public interest

and aquaculture leases may be authorized in aquatic preserves pursuant to the

provisions in ss. 253.68-253.75. By March 1, 1997, the Department of

Environmental Protection is further directed to establish rules for freshwater

aquatic preserves and urban aquatic preserves.

(2) The trustees shall not approve the waterward relocation or setting of

bulkhead lines waterward of the line of mean high water within the preserve

except when public road and bridge construction projects have no reasonable

alternative and it is shown to be not contrary to the public interest.

(3) (a) No further dredging or filling of submerged lands shall be approved

by the trustees except the following activities may be authorized pursuant to a

permit:

1. Such minimum dredging and spoiling as may be authorized for public

navigation projects.

2. Such minimum dredging and spoiling as may be authorized for the creation

and maintenance of marinas, piers, and docks and their attendant navigation

channels.

3. Such other alteration of physical conditions as may, in the opinion of

the trustees, be necessary to enhance the quality or utility of the preserve or

the public health generally.

4. Such other maintenance dredging as may be required for existing

navigation channels.

5. Such reasonable improvements as may be necessary for public utility

installation or expansion.

6. Installation and maintenance of oil and gas transportation facilities,

provided such facilities are properly marked with marine aids to navigation as

prescribed by federal law.

(b) There shall, in no case, be any dredging seaward of a bulkhead line for

the sole or primary purpose of providing fill for any area landward of a

bulkhead line.

prohibit the state from leasing the oil and gas rights and permitting drilling

from outside the preserve to explore for oil and gas if approved by the board.

(d) There shall be no excavation of minerals, except the dredging of dead

oyster shells as approved by the Department of Environmental Protection.

(e) There shall be no erection of structures within the preserve, except:

1. Private residential docks may be approved for reasonable ingress or

egress of riparian owners.

2. Private residential multislip docks may be approved if located within a

reasonable distance of a publicly maintained navigation channel, or a natural

channel of adequate depth and width to allow operation of the watercraft for

which the docking facility is designed without the craft having an adverse

impact on marine resources. The distance shall be determined in accordance with

criteria established by the trustees by rule, based on a consideration of the

depth of the water, nature and condition of bottom, and presence of manatees.

3. Commercial docking facilities shown to be consistent with the use or

management criteria of the preserve may be approved if the facilities are

located within a reasonable distance of a publicly maintained navigation

channel, or a natural channel of adequate depth and width to allow operation of

the watercraft for which the docking facility is designed without the craft

having an adverse impact on marine resources. The distance shall be determined

in accordance with criteria established by the trustees by rule, based on a

consideration of the depth of the water, nature and condition of bottom, and

presence of manatees.

4. Structures for shore protection, including restoration of seawalls at

their previous location or upland of or within 18 inches waterward of their

previous location, approved navigational aids, or public utility crossings

authorized under paragraph (a) may be approved.

No structure under this paragraph or chapter 253 shall be prohibited solely

because the local government fails to adopt a marina plan or other policies

dealing with the siting of such structures in its local comprehensive plan.

(f) No wastes or effluents shall be discharged into the preserve which

substantially inhibit the accomplishment of the purposes of this act.

(g) No nonpermitted wastes or effluents shall be directly discharged into

the preserve which substantially inhibit the accomplishment of the purposes of

this act.

(4) Notwithstanding any other provisions of this part, a riparian owner may

selectively trim or alter mangroves on adjacent publicly owned submerged lands,

provided that the selective trimming or alteration is in compliance with the

requirements of n1 ss. 403.93-403.938, including any required permit under n1

ss. 403.93-403.938.

Florida Statutes § 370.26 (2000).

TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

CHAPTER 370 SALTWATER FISHERIES

370.26 Aquaculture definitions; marine aquaculture products, producers, and facilities.

(1) As used in this section, the term:

(a) "Marine aquaculture facility" means a facility built and operated for

the purpose of producing marine aquaculture products. Marine aquaculture

facilities contain culture systems such as, but not limited to, ponds, tanks,

raceways, cages, and bags used for commercial production, propagation, growout,

or product enhancement of marine products. Marine aquaculture facilities

specifically do not include:

1. Facilities that maintain marine aquatic organisms exclusively for the

purpose of shipping, distribution, marketing, or wholesale and retail sales;

2. Facilities that maintain marine aquatic organisms for noncommercial,

education, exhibition, or scientific purposes;

3. Facilities in which the activity does not require an aquaculture

certification pursuant to s. 597.004; or

4. Facilities used by marine aquarium hobbyists.

(b) "Marine aquaculture producer" means a person holding an aquaculture

certificate pursuant to s. 597.004 to produce marine aquaculture products.

aquatic organisms that are owned and propagated, grown, or produced under

controlled conditions by a person holding an aquaculture certificate pursuant to

s. 597.004. Such product does not include organisms harvested from the wild for

depuration, wet storage, or relayed for the purpose of controlled purification.

Marine aquaculture products are considered saltwater products for the purposes

of this chapter, except the holder of an aquaculture certificate is not required

to purchase and possess a saltwater products license in order to possess,

transport, or sell marine aquaculture products pursuant to s. 370.06. To renew

an existing restricted species endorsement, marine aquaculture producers

possessing a valid saltwater products license with a restricted species

endorsement may apply income from the sales of marine aquaculture products to

licensed wholesale dealers. Income from the sales of marine aquaculture products

shall not be eligible for the purpose of acquiring a new restricted species

endorsement. The holder of an aquaculture certificate must purchase and possess

a saltwater products license in order to possess, transport, or sell saltwater

products not specifically provided for in s. 597.004.

(2) The Department of Environmental Protection shall encourage the

development of aquaculture and the production of aquaculture products. The

department shall develop a process consistent with this section that would

consolidate permits, general permits, and other regulatory requirements to

streamline the permitting process and result in effective regulation of

aquaculture activities. This process shall provide for a single application and

application fee for marine aquaculture activities which are regulated by the

department. Procedures to consolidate permitting actions under this section do

not constitute rules within the meaning of s. 120.52.

(3) Until aquaculture general permits under s. 403.814 can be expanded and

developed, the department shall establish criteria to temporarily permit

aquaculture activities that may be presumed not to result in adverse

environmental impacts. The criteria developed pursuant to this subsection do not

constitute rules within the meaning of s. 120.52. Permit application fees under

this subsection shall be no more than that established for a general permit. The

department may delegate to the water management districts the regulatory

authority for aquaculture facilities subject to the temporary general permitting

criteria of this subsection. During the period prior to development of a general

permit under s. 403.814, the department shall establish a compliance plan based

on monitoring results that will assist in the development of the general permit.

(4) The department shall request that the Aquaculture Review Council

identify a working group of industry representatives who can provide technical

assistance in developing aquaculture general permits. The industry

representatives shall come from the segment of the industry to be affected by

the specific general permit to be developed. The working group shall be included

in all phases of developing the aquaculture general permits.

(5) The department shall:

(a) Coordinate with the Aquaculture Review Council, the Aquaculture

Interagency Coordinating Council, and the Department of Agriculture and Consumer

Services when developing criteria for aquaculture general permits.

(b) Permit experimental technologies to collect and evaluate data necessary

to reduce or mitigate environmental concerns.

that would be beneficial to the development of aquaculture.

(6) The Fish and Wildlife Conservation Commission shall encourage the

development of aquaculture in the state through the following:

(a) Providing assistance in developing technologies applicable to

aquaculture activities, evaluating practicable production alternatives, and

providing management agreements to develop innovative culture practices.

(b) Facilitating aquaculture research on life histories, stock enhancement,

and alternative species, and providing research results that would assist in the

evaluation, development, and commercial production of candidate species for

aquaculture, including:

1. Providing eggs, larvae, fry, and fingerlings to aquaculturists when

excess cultured stocks are available from the commission's facilities and the

culture activities are consistent with the commission's stock enhancement

projects. Such stocks may be obtained by reimbursing the commission for the cost

of production on a per-unit basis. Revenues resulting from the sale of stocks

shall be deposited into the trust fund used to support the production of such

stocks.

2. Conducting research programs to evaluate candidate species when funding

and staff are available.

3. Encouraging the private production of marine fish and shellfish stocks

for the purpose of providing such stocks for statewide stock enhancement

programs. When such stocks become available, the commission shall reduce or

eliminate duplicative production practices that would result in direct

competition with private commercial producers.

4. Developing a working group, in cooperation with the Department of

Agriculture and Consumer Services, the Aquaculture Review Council, and the

Aquaculture Interagency Coordinating Council, to plan and facilitate the

development of private marine fish and nonfish hatcheries and to encourage

private/public partnerships to promote the production of marine aquaculture

products.

state to advance the aquaculture production and sale of sturgeon as a food fish.

(7) The Fish and Wildlife Conservation Commission shall coordinate with the

Aquaculture Review Council and the Department of Agriculture and Consumer

Services to establish and implement grant programs to provide funding for

projects and programs that are identified in the state's aquaculture plan,

pending legislative appropriations. The commission and the Department of

Agriculture and Consumer Services shall establish and implement a grant program

to make grants available to qualified nonprofit, educational, and research

entities or local governments to fund infrastructure, planning, practical and

applied research, development projects, production economic analysis, and

training and stock enhancement projects, and to make grants available to

counties, municipalities, and other state and local entities for applied

aquaculture projects that are directed to economic development, pending

legislative appropriations.

(8) The Fish and Wildlife Conservation Commission shall provide assistance

to the Department of Agriculture and Consumer Services in the development of an

aquaculture plan for the state.

Florida Statutes § 370.31 (2000).

TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

CHAPTER 370 SALTWATER FISHERIES

370.31 Commercial production of sturgeon.

(1) INTENT.--The Legislature finds and declares that there is a need to

encourage the continuation and advancement of work being done on aquaculture

sturgeon production in keeping with the state's legislative public policy

regarding aquaculture provided in chapter 597. It also finds that it is in the

state's economic interest to promote the commercial production and stock

enhancement of sturgeon. It is therefore the intent of the Legislature to hereby

create a Sturgeon Production Working Group.

(2) CREATION.--The Sturgeon Production Working Group is created within the

Department of Environmental Protection and shall be composed of six members as

follows:

(a) The head of the sturgeon research program or designee from the

University of Florida, Institute of Food and Agricultural Sciences. Such member

shall be appointed by the University of Florida's Vice President for

Agricultural Affairs.

(b) One representative from the Department of Environmental Protection to

be appointed by the Secretary of Environmental Protection.

to be appointed by the executive director of the Fish and Wildlife Conservation

Commission.

(d) One representative from the Department of Agriculture and Consumer

Services to be appointed by the Commissioner of Agriculture.

(e) Two representatives from the aquaculture industry to be appointed by

the Aquaculture Review Council.

(3) MEETINGS; PROCEDURES; RECORDS.--The working group shall meet at least

twice a year and elect, by a quorum, a chair, vice chair, and secretary.

(a) The chair of the working group shall preside at all meetings and shall

call a meeting as often as necessary to carry out the provisions of this

section. To call a meeting, the chair shall solicit an agreement to meet from at

least two other working group members and then notify any remaining members of

the meeting.

(b) The secretary shall keep a complete record of the proceedings of each

meeting, which includes the names of the members present at each meeting and the

actions taken. Such records shall be kept on file with the Department of

Environmental Protection with copies filed with the Department of Fisheries and

Aquatic Sciences at the University of Florida. The records shall be public

records pursuant to chapter 119.

Environmental Protection, one representative from the Institute of Food and

Agricultural Sciences, and at least two other members.

(4) PURPOSE AND RESPONSIBILITIES.--The purpose of the Sturgeon Production

Working Group is to coordinate the implementation of a state sturgeon production

management plan to promote the commercial production and stock enhancement of

sturgeon in Florida. In carrying out this purpose, the working group shall:

(a) Establish a state sturgeon production management plan to inform public

or private interested parties of how to aquaculturally produce sturgeon for

commercial purposes and for stock enhancement. The sturgeon production

management plan shall:

1. Provide the regulatory policies for the commercial production of

sturgeon meat and roe, including a strategy for obtaining the required permits,

licenses, authorizations, or certificates.

2. Provide the management practices for culturing sturgeon and ensure that

aquacultural development does not impede the recovery and conservation of wild

sturgeon populations.

3. Establish priorities for research needed to support the commercial

production of sturgeon and the recovery of native stocks in the state.

(b) Support management strategies to permit the commercial production of

native and nonnative sturgeon, including the distribution of captive-bred Gulf

sturgeon to approved certified aquaculture facilities.

to coordinate conservation, habitat, and resource management programs for native

sturgeon, including an evaluation of how stock enhancement can facilitate the

conservation and recovery of native sturgeon populations.

(d) Seek federal cooperation to implement the sturgeon production

management plan, including federal designation of captive-bred sturgeon as

distinct population segments to distinguish cultivated stocks from wild native

populations.

(e) Develop enforcement guidelines to ensure continued protection of wild

native sturgeon populations.

(f) In furtherance of the purposes and responsibilities of the Sturgeon

Production Working Group, the state shall:

1. Establish a program to coordinate conservation and aquaculture

activities for native sturgeon.

2. Develop a conservation plan for native sturgeon.

3. Initiate the process to petition for delisting captive-bred shortnose

sturgeon.

4. Initiate the process to petition for delisting captive-bred Gulf

sturgeon.

(g) Establish a sturgeon broodstock committee composed of fishery

scientists, fish farmers, and agency representatives to manage the taking of

wild sturgeon for brood fish and spawning.

(h) Establish the Cooperative Broodstock Development and Husbandry Board

composed of fishery scientists, fish farmers, and agency representatives to

establish standards and criteria for the management and maintenance of

captive-reared sturgeon, to collect biological data, and to administer the

Cooperative Broodstock Development and Husbandry Program.

Florida Statutes § 373.1131 (2000).

TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

CHAPTER 373 WATER RESOURCES

PART I STATE WATER RESOURCE PLAN

373.1131 Consolidated action on permits.

(1) Whenever the implementation of specific authority granted by this

chapter, or whenever delegation of another program requiring permits or other

authorizations, would result in the department or a water management district

processing two or more separate permits or other authorizations for the same

activity or project, the department or governing board may procedurally

consolidate such separate permits or other authorizations by establishing a

single application, permit application fee, noticing procedure, schedule for

agency review, and final agency action on the consolidated permit or other

authorization.

(2) Procedures to consolidate permitting actions under this section do not

constitute rules within the meaning of s. 120.52.

(3) Whenever two or more permits or other authorizations for aquaculture

activities have been consolidated into a single process, responsibility for

permitting or authorizing such activities shall not be delegated to any unit of

local government pursuant to s. 373.103.

Florida Statutes § 570.02 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 570 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

570.02 Definitions.

The following words and phrases as used in this chapter and in the

agricultural laws of this state, unless the context otherwise requires, shall

have the meanings respectively ascribed to them in this section:

(1) "Agriculture" means the science and art of production of plants and

animals useful to humans, including to a variable extent the preparation of

these products for human use and their disposal by marketing or otherwise, and

includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy,

livestock, poultry, bees, and any and all forms of farm products and farm

production. For the purposes of marketing and promotional activities, seafood

shall also be included in this definition.

(2) "Agricultural business products" means nonconsumable products used in

the producing, processing, distribution, and marketing of consumable farm

products, including, but not limited to, machinery, equipment, and supplies.

(3) "Agricultural marketing facilities" means state-owned wholesale and

retail markets managed by the Bureau of State Farmers' Market.

(4) "Commissioner" means the Commissioner of Agriculture.

(5) "Department" means the Department of Agriculture and Consumer Services.

Florida Statutes § 570.61 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 570 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

570.61 Division of Aquaculture; powers and duties.

The powers and duties of the Division of Aquaculture shall include, but are

not limited to, administering the aquaculture certification program; enforcing

shellfish sanitation standards; administering the aquaculture and shellfish

lease programs; ensuring that shellfish processing facilities comply with

applicable food safety requirements; mitigating, creating, and enhancing natural

shellfish harvesting areas; providing education to fishermen and aquaculturists;

promoting aquaculture development; purchasing commodities as necessary to carry

out the provisions of this section; receiving and accepting grants, aids, gifts,

and donations; providing grants, aids, and other technical assistance; and

ensuring the safety of Florida waters.

Florida Statutes § 570.62 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 570 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

570.62 Director; duties.

(1) The director of the Division of Aquaculture shall be appointed by the

commissioner and shall serve at the commissioner's pleasure.

(2) The director shall supervise, direct, and coordinate the activities of

the division, exercise such other powers and duties as authorized by the

commissioner, and enforce the provisions of chapter 597, the rules adopted

thereunder, and any other chapter or rule necessary to carry out the

responsibilities of the division.

Florida Statutes § 587.002 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 597 AQUACULTURE

597.002 Legislative declaration of public policy respecting aquaculture.

The Legislature declares that aquaculture is agriculture and, as such, the

Department of Agriculture and Consumer Services shall be the primary agency

responsible for regulating aquaculture, any other law to the contrary

notwithstanding. The only exceptions are those areas required by federal law,

rule, or cooperative agreement to be regulated by another agency. The

Legislature declares that, in order to effectively support the growth of

aquaculture in this state, there is a need for a state aquaculture plan that

will provide for the coordination and prioritization of state aquaculture

efforts and the conservation and enhancement of aquatic resources and will

provide mechanisms for increasing aquaculture production which may lead to the

creation of new industries, job opportunities, income for aquaculturists, and

other benefits to the state. The state aquaculture plan shall guide the research

and development of the aquaculture industry. Funds designated by the Legislature

for aquaculture research and development or for contracting for aquaculture

research and development shall be used to address the projects and activities

designated in the state aquaculture plan. Any entity receiving legislative

funding for aquaculture research and development programs shall report annually

to the department all activities related to aquaculture to facilitate

coordination and compliance with the state aquaculture plan.

Florida Statutes § 597.0015 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 597 AQUACULTURE

597.0015 Definitions.

For purposes of this chapter, the following terms shall have the following

meanings:

(1) "Aquaculture" means the cultivation of aquatic organisms.

(2) "Aquaculture producers" means those persons engaging in the production

of aquaculture products and certified under s. 597.004.

(3) "Aquaculture products" means aquatic organisms and any product derived

from aquatic organisms that are owned and propagated, grown, or produced under

controlled conditions. Such products do not include organisms harvested from the

wild for depuration, wet storage, or relay for purification.

(4) "Commissioner" means the Commissioner of Agriculture.

(5) "Department" means the Department of Agriculture and Consumer Services.

Florida Statutes § 597.0021 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 597 AQUACULTURE

597.0021 Legislative intent.

(1) It is the intent of the Legislature to enhance the growth of

aquaculture in this state, while protecting Florida's environment.

(2) It is also the intent of the Legislature to give the department the

duty to coordinate and assist the development of aquaculture.

(3) It is the intent of the Legislature that the Aquaculture Review Council

and the Aquaculture Interagency Coordinating Council are established to provide

a means of communication between the aquaculture industry and the regulatory

agencies.

Florida Statutes § 597.003 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 597 AQUACULTURE

597.003 Powers and duties of Department of Agriculture and Consumer Services.

(1) The department is hereby designated as the lead agency in encouraging

the development of aquaculture in the state and shall have and exercise the

following functions, powers, and duties with regard to aquaculture:

(a) Issue or deny aquaculture certificates that identify aquaculture

producers and aquaculture products, and collect all related fees.

(b) Coordinate the development, annual revision, and implementation of a

state aquaculture plan. The plan shall include prioritized recommendations for

research and development as suggested by the Aquaculture Review Council, the

Aquaculture Interagency Coordinating Council, and public and private

institutional research, extension, and service programs.

Environmental Protection, the Fish and Wildlife Conservation Commission, the

Florida Sea Grant Program, and other groups as provided in the state

aquaculture plan.

(d) Provide staff for the Aquaculture Review Council and the Aquaculture

Interagency Coordinating Council.

(e) Forward the annually revised state aquaculture plan to the commissioner

and to the chairs of the House Committee on Agriculture and Consumer Services

and the Senate Committee on Agriculture 1 month prior to submission of the

department's legislative budget request to the Governor.

(f) Submit the list of research and development projects proposed to be

funded through the department as identified in the state aquaculture plan, along

with the department's legislative budget request to the Governor, the President

of the Senate, and the Speaker of the House of Representatives. If funded, these

projects shall be contracted for by the Division of Aquaculture and shall

require public-private partnerships, when appropriate. The contracts shall

require a percentage of the profit generated by the project to be deposited into

the General Inspection Trust Fund solely for funding aquaculture projects

recommended by the Aquaculture Review Council.

(g) Provide developmental assistance to the various sectors of the

aquaculture industry as determined in the state aquaculture plan.

(h) Assist persons seeking to engage in aquaculture when applying for the

necessary permits and serve as ombudsman to resolve complaints or otherwise

resolve problems arising between aquaculture producers and regulatory

agencies.

(i) Develop and propose to the Legislature legislation necessary to

implement the state aquaculture plan or to otherwise encourage the development

of aquaculture in the state.

(j) Issue or deny any license or permit authorized or delegated to the

department by the Legislature or through memorandum of understanding with other

state or federal agencies that furthers the intent of the Legislature to place

the regulation of aquaculture in the department.

(k) Make available state lands and the water column for the purpose of

producing aquaculture products when the aquaculture activity is compatible with

state resource management goals, environmental protection, and n1 proprietary

interest and when such state lands and waters are determined to be suitable for

aquaculture development by the Board of Trustees of the Internal Improvement

Trust Fund pursuant to s. 253.68; and be responsible for all saltwater

aquaculture activities located on sovereignty submerged land or in the water

column above such land and adjacent facilities directly related to the

aquaculture activity.

1. The department shall act in cooperation with other state and local

agencies and programs to identify and designate sovereignty lands and waters

that would be suitable for aquaculture development.

2. The department shall identify and evaluate specific tracts of

sovereignty submerged lands and water columns in various areas of the state to

determine where such lands and waters are suitable for leasing for aquaculture

purposes. Nothing in this subparagraph or subparagraph 1. shall preclude the

applicant from applying for sites identified by the applicant.

3. The department shall provide assistance in developing technologies

applicable to aquaculture activities, evaluate practicable production

alternatives, and provide agreements to develop innovative culture practices.

(l) Act as a clearinghouse for aquaculture applications, and act as a

liaison between the Fish and Wildlife Conservation Commission, the Division of

State Lands, the Department of Environmental Protection district offices, other

divisions within the Department of Environmental Protection, and the water

management districts. The Department of Agriculture and Consumer Services shall

be responsible for regulating marine aquaculture producers, except as

specifically provided herein.

(2) The department may employ such persons as are necessary to perform its

duties under this chapter.

Florida Statutes § 597.004 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 597 AQUACULTURE

597.004 Aquaculture certificate of registration.

(1) CERTIFICATION.--Any person engaging in aquaculture must be certified

by the department. The applicant for a certificate of registration shall submit

the following to the department:

(a) Applicant's name/title.

(b) Company name.

(d) Legal property description of all aquaculture facilities.

(e) Actual physical street address for each aquaculture facility.

(f) Description of production facilities.

(g) Aquaculture products to be produced.

(h) Fifty dollar annual registration fee.

(i) Documentation that the rules adopted herein have been complied with in

accordance with paragraph (2)(a).

(2) RULES.--

(a) The department, in consultation with the Department of Environmental

Protection, the water management districts, environmental groups, and

representatives from the affected farming groups, shall adopt rules to:

1. Specify the requirement of best-management practices to be implemented

by holders of aquaculture certificates of registration.

2. Establish procedures for holders of aquaculture certificates of

registration to submit the notice of intent to comply with best-management

practices.

3. Establish schedules for implementation of best-management practices, and

of interim measures that can be taken prior to adoption of best-management

practices. Interim measures may include the continuation of regulatory

requirements in effect on June 30, 1998.

4. Establish a system to assure the implementation of best-management

practices, including recordkeeping requirements.

(b) Rules adopted pursuant to this subsection shall become effective

pursuant to the applicable provisions of chapter 120, but must be submitted to

the President of the Senate and the Speaker of the House of Representatives for

review by the Legislature. The rules shall be referred to the appropriate

committees of substance and scheduled for review during the first available

regular session following adoption. Except as otherwise provided by operation of

law, such rules shall remain in effect until rejected or modified by act of the

Legislature.

Protection is not authorized to institute proceedings against any person

certified under this section to recover any costs or damages associated with

contamination of groundwater or surface water, or the evaluation, assessment, or

remediation of contamination of groundwater or surface water, including

sampling, analysis, and restoration of potable water supplies, where the

contamination of groundwater or surface water is determined to be the result of

aquaculture practices, provided the holder of an aquaculture certificate of

registration:

1. Provides the department with a notice of intent to implement applicable

best-management practices adopted by the department;

2. Implements applicable best-management practices as soon as practicable

according to rules adopted by the department; and

3. Implements practicable interim measures identified and adopted by the

department which can be implemented immediately, or according to rules adopted

by the department.

(d) There is a presumption of compliance with state groundwater and surface

water standards if the holder of an aquaculture certificate of registration

implements best-management practices that have been verified by the Department

of Environmental Protection to be effective at representative sites and complies

with the following:

1. Provides the department with a notice of intent to implement applicable

best-management practices adopted by the department;

2. Implements applicable best-management practices as soon as practicable

according to rules adopted by the department; and

3. Implements practicable interim measures identified and adopted by the

department which can be implemented immediately, or according to rules adopted

by the department.

(e) This section does not limit federally delegated regulatory authority.

(f) Any aquatic plant producer permitted by the department pursuant to s.

369.25 shall also be subject to the requirements of this section.

(g) Any alligator producer with an alligator farming license and permit to

establish and operate an alligator farm shall be issued an aquaculture

certificate of registration pursuant to this section. This chapter does not

supersede the authority under chapter 372 to regulate alligator farms and

alligator farmers.

(3) FEES.--Effective July 1, 1997, all fees collected pursuant to this

section shall be deposited into the General Inspection Trust Fund in the

Department of Agriculture and Consumer Services.

(4) IDENTIFICATION OF AQUACULTURE PRODUCTS.--Aquaculture products shall be

identified while possessed, processed, transported, or sold as provided in this

subsection.

(a) Aquaculture products shall be identified by an aquaculture certificate

of registration number from harvest to point of sale. Any person who possesses

aquaculture products must show, by appropriate receipt, bill of sale, bill of

lading, or other such manifest where the product originated.

(b) Marine aquaculture products shall be transported in containers that

separate such product from wild stocks, and shall be identified by tags or

labels that are securely attached and clearly displayed.

"aquaculture or farm raised" must have such products containerized and clearly

labeled in accordance with s. 500.11. Label information must include the name,

address, and aquaculture certification number. This requirement is designed to

segregate the identity of wild and aquaculture products.

(5) SALE OF AQUACULTURE PRODUCTS.--

(a) Aquaculture products, except shellfish, snook, and any fish of the

genus Micropterus, and prohibited and restricted freshwater and marine species

identified by rules of the Fish and Wildlife Conservation Commission, may be

sold by an aquaculture producer certified pursuant to s. 597.004 without

restriction so long as product origin can be identified.

(b) Aquaculture shellfish must be sold and handled in accordance with s.

597.020.

(6) REGISTRATION AND RENEWALS.--

(a) Each aquaculture producer must apply for an aquaculture certificate of

registration with the department and submit the appropriate fee. Upon department

approval, the department shall issue the applicant an aquaculture certificate of

registration for a period not to exceed 1 year. Beginning July 1, 1997, and each

year thereafter, each aquaculture certificate of registration must be renewed

with fee, pursuant to this chapter, on July 1.

(b) The department shall send notices of registration to all aquaculture

producers of record requiring them to register for an aquaculture certificate.

Renewal notices shall be sent to the registrant 60 days preceding the

termination date of the certificate of registration. Prior to the termination

date, the registrant must return a completed renewal form with fee, pursuant to

this chapter, to the department.

suspended must reapply to the department for certification.

Florida Statutes § 597.0041 (2000).

TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

CHAPTER 597 AQUACULTURE

597.0041 Prohibited acts; penalties.

(1) It is unlawful for an aquaculture registrant to:

(a) Commingle in the same container any shellfish aquaculture product with

any wild product;

(b) Transport by vessel over water both wild and aquaculture products of

the same species at the same time; or

(2) (a) Any person who violates any provision of this chapter or any rule

promulgated hereunder is subject to a suspension or revocation of his or her

certificate of registration or license under this chapter. The department may,

in lieu of, or in addition to the suspension n1 or revocation, impose on the

violator an administrative fine in an amount not to exceed $ 1,000 per violation

per day.

(b) Except as provided in subsection (4), any person who violates any

provision of this chapter, or rule hereunder, commits a misdemeanor of the first

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

(3) Any person certified under this chapter who has been convicted of

taking aquaculture species raised at a certified facility shall have his or her

certificate revoked for 5 years by the Department of Agriculture and Consumer

Services pursuant to the provisions and procedures of s. 120.60.

(4) Any person who violates any provision of s. 597.010 or s. 597.020, or

any rule adopted under those sections, commits a misdemeanor of the second

degree, punishable as provided in s. 775.082 or s. 775.083 for the first

offense; and for the second or any subsequent offense within a 12-month period,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082

or s. 775.083.

Report any problems or broken links to Webmaster

University of Mississippi