Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.005 - Transfer of Certificates

Current through Reg. 50, No. 138; July 16, 2024
(1) Trap
				certificates shall only be transferred from the trap certificate account of one
				person to the account of another between May 1 and the end of February.
				Requests received by the Commission before May 1 or postmarked after the end of
				February of the current license year will not be processed. However, requests
				to transfer trap certificates received after February 15 may not be completed
				during the current season if all required information and fees are not also
				received at that time.
(2) Payment
				of all outstanding license fees, trap tag fees, surcharges and any other
				charges owed to the Commission by either party in the transfer transaction must
				be completed within the transfer period. All fees and charges shall be resolved
				and current before any transfers shall be made by the Commission and before
				trap certificates and tags are issued to the receiving holder.
(3) No surcharge will be assessed for any
				transfer within an individual's immediate family.
(4) All transfers must be submitted on a
				notorized copy of either Commission form FWC 20-173a (10-16) (Spiny Lobster
				Trap Certificate Transfer Application - Standard, found online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-07703
),
				or Commission form FWC 20-173b (10-16) (Spiny Lobster Trap Certificate Transfer
				Application - Immediate Family, found online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-07704
,
				and which are hereby incorporated by reference. No other form will be accepted.
				Both parties to the transfer must state the value paid and received for the
				certificates and list the tag audit numbers included in the transfer.
				Fraudulent statements of value paid or received for certificates by either the
				transferor or transferee will result in the denial of the transfer, and refer
				the matter to the appropriate authorities for other disposition.
(5) The transferor shall designate in detail
				which certificates (A1, A2 or B) are being transferred, and in what combination
				thereof.
(6) The transferee shall
				have a valid SPL and a current C-number before any transfer will be authorized.
				A certificate holder who intends to close their trap certificate account by
				transfer of all certificates to another person's account, and who is not
				eligible for the restricted species endorsement, shall be exempt from the
				requirements of Rule 68B-24.0055, F.A.C., for
				purposes of completing the transfer. However, the transferor shall not be
				issued a crawfish endorsement on an actual saltwater products license without
				the restricted species endorsement. The transferee is responsible for ensuring
				that all transfer/surcharge fees are paid to the Commission. Transfer fees and
				surcharges will be assessed only on those trap certificates actually received
				from the transferor by the transferee.
(7) If the certificate holder is deceased,
				the estate of the certificate holder may distribute the certificates by
				transferring possession of the certificates to a current SPL and C-number
				holder. The transfer of certificates shall be made upon lawful order of the
				probate court, or other lawful notice and designation pursuant to Chapter 732
				or 733, F.S., by the personal representative or other person authorized by law
				to settle the estate. Transfers from an estate of a deceased certificate holder
				are subject to the ordinary fees and processing requirements of these rules and
				the Lobster Trap Certificate Program.
(8) Only active certificates may be
				transferred.
(9) Upon transfer, the
				transferred certificate becomes part of the receiving certificate holder's
				allocation of certificates.
Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law
					 Implemented Art IV, Sec. 9, Fla. Const.,
					 379.3671
					 FS.
New 5-16-95, Amended 4-7-99, Formerly 62R-18.005, Amended
					 7-1-01, 7-15-04, 5-1-11, 12-28-16.