CHAPTER 597

597.001 Florida Aquaculture Policy Act;

short title.

History. — s. 1, ch. 84-90; s. 1, ch. 93-152.

597.0015

Definitions.

(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.

History. — s. 7, ch. 91-187; s. 23, ch. 96-247; s. 10, ch. 99-390.

597.002 Legislative declaration of public policy respecting aquaculture.

History. — s. 2, ch. 84-90; s. 3, ch. 90-92; s. 8, ch. 91-187; s. 24, ch. 96-247; s. 24, ch. 98-333.

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 is established to provide a means of communication between the aquaculture industry and the regulatory agencies.

History. — s. 1, ch. 87-367; s. 4, ch. 90-92; s. 9, ch. 91-187; s. 29, ch. 91-201; ss. 2, 6, ch. 93-152; s. 25, ch. 96-247; s. 46, ch. 2012-190.

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:

(2) The department may employ such persons as are necessary to perform its duties under this chapter.

History. — s. 3, ch. 84-90; s. 1, ch. 86-111; s. 5, ch. 87-367; s. 2, ch. 88-377; s. 10, ch. 91-187; s. 3, ch. 93-152; s. 467, ch. 94-356; s. 26, ch. 96-247; s. 25, ch. 98-333; s. 225, ch. 99-245; s. 25, ch. 2000-364; s. 38, ch. 2001-63; s. 47, ch. 2012-190; s. 153, ch. 2014-150.

597.004 Aquaculture certificate of registration.

(1) CERTIFICATION. —

(2) RULES. —

(3) FEES. —

(4) IDENTIFICATION OF AQUACULTURE PRODUCTS. —

(5) SALE OF AQUACULTURE PRODUCTS. —

(6) REGISTRATION AND RENEWALS. —

History. — s. 27, ch. 96-247; s. 54, ch. 97-98; s. 26, ch. 98-333; s. 11, ch. 99-390; s. 78, ch. 2000-158; s. 27, ch. 2000-364; s. 9, ch. 2008-107; s. 76, ch. 2009-21; s. 48, ch. 2012-190; s. 154, ch. 2014-150; s. 37, ch. 2017-85.

597.0041 Prohibited acts; penalties.

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

(2)(

a) A person who violates this

chapter or any rule adopted under this

chapter 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 or revocation, impose on the violator an administrative fine in the Class I category pursuant to s. 570.971 for each violation, for each day the violation exists.

(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.

History. — s. 28, ch. 96-247; s. 12, ch. 99-390; s. 28, ch. 2000-364; s. 39, ch. 2001-63; s. 155, ch. 2014-150.

597.0045 Cultured shellfish theft reward program.

(1) Each person who provides information leading to the arrest and conviction of an individual or individuals for illegally possessing, harvesting, or attempting to harvest cultured shellfish and for whom the respective state attorney notifies the department of such assistance, in writing, shall be eligible for a reward of up to $2,500; except that law enforcement officers and department personnel, and members of their immediate families, shall not be eligible for rewards under the program. The department shall, by rule, establish a graduated reward payout schedule.

(2) The General Inspection Trust Fund of the department may be used for the cultured shellfish theft reward program, for deposit of general revenue funds and donations received from interested individuals, and for granting rewards to persons who provide information leading to the arrest and conviction of persons illegally possessing, harvesting, or attempting to harvest cultured shellfish. The granting of rewards shall be subject to legislative appropriations to fund the program.

(3) The department may promote the cultured shellfish theft reward program to provide for public recognition of the rewards and to improve compliance with laws prohibiting illegal possession and harvesting of cultured shellfish.

History. — s. 13, ch. 99-390.

597.005 Aquaculture Review Council.

(1) COMPOSITION. —

(2) MEETINGS; PROCEDURES; RECORDS. —

(3) RESPONSIBILITIES. —

History. — ss. 5, 8, ch. 84-90; s. 7, ch. 87-367; ss. 3, 5, 6, ch. 88-377; s. 5, ch. 90-92; s. 11, ch. 91-187; ss. 4, 6, ch. 93-152; s. 29, ch. 96-247; s. 27, ch. 98-333; s. 29, ch. 2000-364; s. 58, ch. 2011-206; s. 49, ch. 2012-190.

597.010 Shellfish regulation; leases.

(1) LEASE, APPLICATION FORM. —

(2) LANDS TO BE LEASED. —

(3) SURVEYS, PLATS, AND MAPS OF REEFS. —

(4) EXECUTION OF LEASES; LESSEE TO STAKE OFF BOUNDARIES; PENALTY FOR FAILURE TO COMPLY WITH REGULATIONS. —

(5) LEASES IN PERPETUITY; RENT. —

(6) FORFEITURE FOR NONPAYMENT. —

(7) SURCHARGE FOR IMPROVEMENT OR REHABILITATION. —

(8) CULTIVATION REQUIREMENTS. —

(9) LEASES TRANSFERABLE, ETC. —

(10) CANCELLATION OF LEASES TO NATURAL REEFS OR BEDS. —

(11) WHEN NATURAL REEFS OR BEDS MAY BE INCLUDED IN LEASE. —

(12) FRANKLIN COUNTY LEASES. —

(13) TRESPASS ON LEASED BEDS; PROTECTION OF LEASE AREAS. —

(14) SHELLFISH DEVELOPMENT. —

(15) SPECIAL ACTIVITY LICENSES. —

(16) STAKING OFF WATER BOTTOMS OR BEDDING OYSTERS WITHOUT OBTAINING LEASE. —

(17) SHELLFISH HARVESTING FROM SOVEREIGN SUBMERGED LAND LEASES; USE OF DREDGE OR MECHANICAL HARVESTING DEVICE. —

(18) FISHING FOR RELAYING OR TRANSPLANTING PURPOSES. —

(19) OYSTER AND CLAM REHABILITATION. —

(20) COOPERATION WITH UNITED STATES FISH AND WILDLIFE SERVICE. —

(21) OYSTER AND CLAM SHELLS PROPERTY OF DEPARTMENT. —

(22) REQUIREMENTS FOR OYSTER OR CLAM VESSELS. —

History. — s. 31, ch. 2000-364; s. 741, ch. 2003-261; s. 203, ch. 2008-247; s. 77, ch. 2009-21; s. 1, ch. 2016-200.

597.020 Shellfish processors; regulation.

(1) The department may:

(2) A shellfish processing plant certification license is required to operate any facility in which oysters, clams, mussels, scallops, or crabs are processed, including but not limited to: an oyster, clam, mussel, or scallop cannery; a shell stock dealership; an oyster, clam, mussel, or scallop shucking plant; an oyster, clam, mussel, or scallop repacking plant; an oyster, clam, mussel, or scallop controlled purification plant; or a crab or soft-shell crab processing or shedding plant.

(3) The department may suspend or revoke any shellfish processing plant certification license upon satisfactory evidence that the licensee has violated any regulation, specification, or code adopted under this

section and may seize and destroy any shellfish product which is defined by rule to be an adulterated or misbranded shellfish product.

(4) Any license or certification authorized and issued under this

chapter shall automatically expire on June 30 of each year.

History. — s. 1, ch. 65-110; ss. 25, 35, ch. 69-106; s. 6, ch. 83-134; s. 2, ch. 84-121; ss. 4, 5, ch. 86-219; ss. 5, 19, ch. 86-240; s. 218, ch. 94-356; s. 13, ch. 96-247; s. 44, ch. 99-245; s. 32, ch. 2000-364; s. 42, ch. 2002-295; s. 156, ch. 2014-150; s. 72, ch. 2015-2.