MEMO TO: PERSONS INTERESTED IN FLORIDA LEGISLATIVE ACTION

FROM: BOB JONES, EXECUTIVE DIRECTOR

SUBJECT: FLORIDA LEGISLATIVE SESSION

DATE: MAY 1, 1998

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The Florida Legislative is scheduled to end sometime today. As the smoke and dust clears and the final draft of the bills start to come forth in the next few weeks we will know for sure what happened and what didn't happen. A detailed report will be given at the annual SFA meeting in Orlando, Fl., on June 19.

1. We were able to save the fuel tax exemption for commercial fishing vessels that fish in interstate commerce. (SB 1694) Many years ago Southeastern Fisheries Association was able to obtain the same pro-rata sales tax exemption on diesel fuel consumed outside Florida waters as cruise ships. Bob Rhodes was general counsel at the time and prevailed in our litigation with the Florida Department of Revenue. Over the years SFA has protected that exemption when several attempts were made to take it away. SFA was contacted by the Department of Revenue prior to the 1998 session for input as to how much fuel a shrimp boat for example burned while shrimping outside Florida waters. Working with the state officials enough info was given in order for the Department of Revenue to put the proper language in a proposed statute as the present rule would have expired on July 1, 1998 and the cost of diesel fuel would have gone up 6 or 7 cents per gallon. SFA salutes Senator Ostalkiewicz, Chairman of the Sub-committee authorizing this bill as well as all the Senators and House Members who supported it. This is a very fair and much appreciated sales tax exemption utilized by an industry in the production of food. SFA continues to provide tangible help to the industry. This effort helps not only SFA members but all commercial fishing industry vessel owners who fish in interstate commerce.

2. The House killed Senator Latvala's and Representative Safley's bill ( SB 152) that would have prohibited the Governor from nominating anyone who is paid for lobbying on behalf of fisheries to a federal fisheries management council. The bill was aimed at John Sanchez, Executive Director of the Monroe County Fishermen's Association and was being touted by Karl Wickstrom, Florida Sportsman, Ted Forsgren, Texas based CCA and Frank Seargeant of the Tampa Tribune. The bill was unconstitutional on its face in that it denied a civil right for a US citizen. It would have been challenged in federal court in Miami the day after it became law had it become law. It passed the Senate by a great majority but failed in the House on a 66 NO to 43 Yes vote. Senataor latavala was then able to get the House to reconisder the bill and it was passed.

3. The Omnibus Fisheries legislation was contained in (SB 1506) by Senator Latvala et al and does the following:

a. Prohibits public shellfish harvesting within 25 feet of a marked lease or within setback areas in high-density aquaculture operations.

b. Adds black drum and jack crevalle under the definition of "food fish" as was already contained in a DEP rule.

c. Sets certain criteria for a Marine life endorsement and directs the MFC to prepare a limited entry report for marine life harvesters by July 1, 2000.

d. Increased funds for MFC from 2.5% to 5% relating to license fees they currently receive.

e. Reduced funds for research from 30% to 27.5 % to give the MFC more money.

f. Prohibits gillnets or nets greater than 500 square feet aboard boats less than 22 feet in length and on any vessel less than 25 feet if the primary power of the vessel is mounted forward of the vessel center point. The MFC must initiate rule making before July 1, 1998 to implement this action.

g. Authorized the MFC to adopt rules prohibiting the possession and sale of mullet taken in illegal gill or entangling nets. Violations are major offenses and carry heavy fines and penalties.

h. Prohibites multistrand monofilament in nets.

i. Authorized MFC to adopt rules implementing this section (370.093)

j. DEP shall receive a surcharge of $5 per crawfish certificate transferred or 25% of the actual market value, whichever is greater.

k. Beginning July 1, 2003, and applicable to the 2003-2004 season and thereafter, it is unlawful for any person to lease lobster trap tags or certificates.

l. DEP shall assess additional penalties who violate the provisions of the trap tag program.

m. Did away with the sundown provision for the MFC and authorized it to continue in full force and effect. (This would disappear if Unification Constitution Amendment passes)

n. Extends to July 1, 2000, provisions for no new stone crab numbers to be issued.

o. No person may harvest stone crabs with more than 5 traps unless such person hold valid saltwater products license with a restricted species endorsement.

p. Same prohibition for harvesting blue crabs.

q. Buying any saltwater products from an unlicensed person, firm or corporation shall be a major violation. 1st violation $2,500, 2nd violation $5,000 and may suspend wholesale or retail license for 180 days, 3rd violation with 24 months, $5,000 fine and suspension of wholesale or retail license for 24 months. Proceeds from these fines are divided, 40% for administration and processing fees and 60% for law enforcement.

r. DEP can share landing date and other information with Interstate Compacts if confidentiality of statistics can be assured.

s. Major penalties for not keeping required records for the DEP.

t. Crawfish Reports by dealers during closed season; The DEP is authorized to adopt rules incorporating by reference such forms as are necessary to implement the provisions of this section. (This solves the Crawfish Reporting Problem during the closed season)

u. Repealed 370.1127 Mullet; regulation.--In the region west of the Ochlockonee River mullet will be declared a restricted species only in October and November.

v. It is unlawful for any licensed retail dealer or any restaurant licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation to buy saltwater products from any person other than a licensed wholesale or retail dealer. THIS SHOULD STOP OR CURTAIL THE BACKDOOR SALES BY ANGLER POACHERS WHO KEEP NO RECORDS OF THESE TRANSACTIONS. THERE IS A SAFETY CONCERN WITH BACK DOOR POACHERS, PARTICULARLY THOSE SPECIES THAT CAN DEVELOP HISTAMINE IF NOT PROPERLY ICED AND PROCESSED.