Section 68B-3.028 - Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts(1) The Marine Fisheries Commission has determined that the repeal of the following Escambia and Santa Rosa Counties Special Acts or portions thereof, as enumerated in subsection (2), and that the readoption of portions of chapter 7584, Laws of Florida (1917), and of chapter 78-502, Laws of Florida (1978), in conjunction with the adoption of comprehensive gear rules in chapter 68B-4, F.A.C., will not adversely affect the marine resources of these counties or of the State of Florida.(2) The following special acts and portions thereof applicable to Escambia and Santa Rosa Counties, rules of the Department of Natural Resources pursuant to Section 2, subsection (5) of chapter 83-134, Laws of Florida, as amended by chapter 84-121, Laws of Florida, are hereby repealed:(a) Section 2 of chapter 78-501, Laws of Florida (1978), is repealed effective January 1, 1995. Applicable to Escambia County, this section establishes a minimum mesh size for nets in the county.(b) Section 4 of chapter 78-501, Laws of Florida (1978), is hearby repealed. Applicable to Escambia County, Section 4 sets penalties for the use of net gear in violation of chapter 78-501, Laws of Florida (1978), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.(c) Chapter 78-502, Laws of Florida (1978), a law regulating net size and the use of nets applicable to Escambia and Santa Rosa Counties is repealed effective January 1, 1993.(d) Chapter 7584, Laws of Florida (1917), is repealed effective January 1, 1993. Applicable to Santa Rosa County, this law establishes a minimum mesh size and minimum length for seines used in the county.(e) Section 2 of chapter 26212, Laws of Florida (1949), is hearby repealed. Applicable to Santa Rosa County, Section 2 establishes penalties for the use of net gear in violation of chapter 26212, Laws of Florida (1949), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.(f) Section 2 of chapter 78-613, Laws of Florida (1978), is hearby repealed. Applicable to Santa Rosa County, Section 2 sets penalties for the use of net gear in violation of chapter 78-613, Laws of Florida (1978), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.(g) Section 2 of chapter 65-1519, Laws of Florida (1965), is hereby repealed. Applicable to Escambia County, section 2 sets penalties for the use of net gear in violation of chapter 65-1519, Laws of Florida (1965), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.(h) Sections 22 and 23 of chapter 81-376, Laws of Florida (1981), as amended by chapter 89-473, Laws of Florida (1989), are hereby repealed. Applicable to Escambia County, sections 22 and 23 set penalties for the use of net gear in violation of chapter 81-376, Laws of Florida (1981), as amended by chapter 89-473, Laws of Florida (1989), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.Fla. Admin. Code Ann. R. 68B-3.028
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla.
New 11-26-92, Amended 8-3-94, Formerly 46-3.028, Amended by Florida Register Volume 43, Number 011, January 18, 2017 effective 2/1/2017, Amended by Florida Register Volume 44, Number 217, November 6, 2018 effective 11/19/2018.New 11-26-92, Amended 8-3-94, Formerly 46-3.028, Amended 2-1-17, 11-19-18.