Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 1742
       
       
       
       
       
       
                                Barcode 353918                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:29 PM       .                                
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       The Conference Committee on CS for SB 1742 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. The Invasive Plant Control Trust Fund, FLAIR
    7  number 37-2-030, in the Department of Environmental Protection
    8  is transferred to the Fish and Wildlife Conservation Commission,
    9  FLAIR number 77-2-030.
   10         Section 2. The statutory powers, duties, and functions
   11  related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
   12  which were transferred by chapter 2008-150, Laws of Florida, and
   13  all records, personnel, and property; unexpended balances of
   14  appropriations, allocations, and other funds; administrative
   15  authority; administrative rules; pending issues; and existing
   16  contracts of the Bureau of Invasive Plant Management in the
   17  Department of Environmental Protection are transferred by a type
   18  two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
   19  Fish and Wildlife Conservation Commission. All actions taken
   20  pursuant to chapter 2008-150, Laws of Florida, and the
   21  interagency agreement executed pursuant thereto are ratified.
   22         Section 3. Effective August 1, 2009, subsection (2) of
   23  section 379.353, Florida Statutes, is amended to read:
   24         379.353 Recreational licenses and permits; exemptions from
   25  fees and requirements.—
   26         (2) A hunting, freshwater fishing, or saltwater fishing
   27  license or permit is not required for:
   28         (a) Any child under 16 years of age, except as otherwise
   29  provided in this part.
   30         (b) Any person hunting or freshwater fishing on her or his
   31  homestead property, or on the homestead property of the person’s
   32  spouse or minor child; or any minor child hunting or freshwater
   33  fishing on the homestead property of her or his parent.
   34         (c) Any resident who is a member of the United States Armed
   35  Forces and not stationed in this state, when home on leave for
   36  30 days or less, upon submission of orders.
   37         (d) Any resident freshwater fishing for recreational
   38  purposes only, within her or his county of residence with live
   39  or natural bait, using poles or lines not equipped with a
   40  fishing line retrieval mechanism. This exemption does not apply
   41  to residents fishing in a legally established fish management
   42  area.
   43         (e) Any person freshwater fishing in a fish pond of 20
   44  acres or less that is located entirely within the private
   45  property of the fish pond owner.
   46         (f) Any person freshwater fishing in a fish pond that is
   47  licensed in accordance with s. 379.356.
   48         (g) Any person fishing who has been accepted as a client
   49  for developmental disabilities services by the Department of
   50  Children and Family Services, provided the department furnishes
   51  proof thereof.
   52         (h) Any resident saltwater fishing from land or from a
   53  structure fixed to the land who has been determined eligible by
   54  the Department of Children and Family Services for the food
   55  stamp program, temporary cash assistance, or the Medicaid
   56  programs. A benefit issuance or program identification card
   57  issued by the Department of Children and Family Services or the
   58  Florida Medicaid program of the Agency for Health Care
   59  Administration shall serve as proof of program eligibility. The
   60  client must have in his or her possession the ID Card and
   61  positive proof of identification when fishing.
   62         (i) Any person saltwater fishing from a vessel licensed
   63  pursuant to s. 379.354(7).
   64         (j) Any person saltwater fishing from a vessel the operator
   65  of which is licensed pursuant to s. 379.354(7).
   66         (k) Any person saltwater fishing who holds a valid
   67  saltwater products license issued under s. 379.361(2).
   68         (l) Any person saltwater fishing for recreational purposes
   69  from a pier licensed under s. 379.354.
   70         (m)Any resident fishing for a saltwater species in fresh
   71  water from land or from a structure fixed to land.
   72         (m)(n) Any resident fishing for mullet in fresh water who
   73  has a valid Florida freshwater fishing license.
   74         (n)(o) Any resident 65 years of age or older who has in her
   75  or his possession proof of age and residency. A no-cost license
   76  under this paragraph may be obtained from any tax collector’s
   77  office upon proof of age and residency and must be in the
   78  possession of the resident during hunting, freshwater fishing,
   79  and saltwater fishing activities.
   80         (o)(p) Any employee of the commission who takes freshwater
   81  fish, saltwater fish, or game as part of employment with the
   82  commission, or any other person authorized by commission permit
   83  to take freshwater fish, saltwater fish, or game for scientific
   84  or educational purposes.
   85         (p)(q) Any resident recreationally freshwater fishing who
   86  holds a valid commercial fishing license issued under s.
   87  379.3625(1)(a).
   88         Section 4. Effective July 15, 2009, paragraph (k) is added
   89  to subsection (4) of 379.354, Florida Statutes, to read:
   90         379.354 Recreational licenses, permits, and authorization
   91  numbers; fees established.—
   92         (4) RESIDENT HUNTING AND FISHING LICENSES.—The licenses and
   93  fees for residents participating in hunting and fishing
   94  activities in this state are as follows:
   95         (k)Annual resident shoreline fishing license, $7.50. The
   96  annual resident shoreline fishing license allows any resident to
   97  saltwater fish from land or from a structure fixed to the land.
   98  This license is not required for any resident issued any other
   99  license identified in this section that allows the take of
  100  saltwater fish.
  101         Section 5. Effective July 1, 2009, for the purpose of
  102  incorporating the amendment made by this act to section 379.353,
  103  Florida Statutes, in a reference thereto, subsection (7) of
  104  section 379.3581, Florida Statutes, is reenacted to read:
  105         379.3581 Hunter safety course; requirements; penalty.—
  106         (7) The hunter safety requirements of this section do not
  107  apply to persons for whom licenses are not required under s.
  108  379.353(2).
  109         Section 6. Except as otherwise expressly provided in this
  110  act, this act shall take effect upon becoming a law.
  111  
  112  ================= T I T L E  A M E N D M E N T ================
  113         And the title is amended as follows:
  114         Delete everything before the enacting clause
  115  and insert:
  116                        A bill to be entitled                      
  117         An act relating to the Fish and Wildlife Conservation
  118         Commission; transferring the Invasive Plant Control
  119         Trust Fund in the Department of Environmental
  120         Protection to the Fish and Wildlife Conservation
  121         Commission; transferring to the Fish and Wildlife
  122         Conservation Commission all powers, duties, records,
  123         personnel, property, funds, rules, issues, and
  124         contracts of the Bureau of Invasive Plant Management
  125         in the Department of Environmental Protection;
  126         ratifying actions taken pursuant to chapter 2008-150,
  127         Laws of Florida, and an interagency agreement executed
  128         pursuant thereto; amending s. 379.353, F.S.; providing
  129         that a freshwater fishing or saltwater fishing license
  130         is not required for a resident recreationally fishing
  131         within her or his county of residence with specific
  132         fishing gear; providing that a hunting, freshwater
  133         fishing, or saltwater fishing license or permit is not
  134         required for any resident saltwater fishing from land
  135         who has been determined eligible for the food stamps,
  136         temporary cash assistance, or the Medicaid programs;
  137         providing for proof of eligibility for the qualifying
  138         programs; removing the exemption from the need to
  139         possess a license for a resident fishing for a
  140         saltwater species in fresh water from land; amending
  141         s. 379.354, F.S.; providing for an annual resident
  142         shoreline fishing license and fee; reenacting s.
  143         379.3581(7), F.S., relating to hunter safety courses,
  144         to incorporate the amendments made to s. 379.353,
  145         F.S., in a reference thereto; providing effective
  146         dates.