Florida Senate - 2009 CS for SB 1742
By the Committee on General Government Appropriations; and
Senator Baker
601-03910-09 20091742c1
1 A bill to be entitled
2 An act relating to the Fish and Wildlife Conservation
3 Commission; transferring the Invasive Plant Control
4 Trust Fund in the Department of Environmental
5 Protection to the Fish and Wildlife Conservation
6 Commission; transferring to the Fish and Wildlife
7 Conservation Commission all powers, duties, records,
8 personnel, property, funds, rules, issues, and
9 contracts of the Bureau of Invasive Plant Management
10 in the Department of Environmental Protection;
11 ratifying actions taken pursuant to chapter 2008-150,
12 Laws of Florida, and an interagency agreement executed
13 pursuant thereto; amending s. 379.353, F.S.; providing
14 that a hunting, freshwater fishing, or saltwater
15 fishing license or permit is not required for any
16 resident saltwater fishing from land who has been
17 determined eligible for the food stamps, temporary
18 cash assistance, or the Medicaid programs; providing
19 for proof of eligibility for the qualifying programs;
20 removing the exemption from the need to possess a
21 license for a resident fishing for a saltwater species
22 in fresh water from land; reenacting s. 379.3581(7),
23 F.S., relating to hunter safety courses, to
24 incorporate the amendments made to s. 379.353, F.S.,
25 in a reference thereto; providing effective dates.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. The Invasive Plant Control Trust Fund, FLAIR
30 number 37-2-030, in the Department of Environmental Protection
31 is transferred to the Fish and Wildlife Conservation Commission,
32 FLAIR number 77-2-030.
33 Section 2. The statutory powers, duties, and functions
34 related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
35 which were transferred by chapter 2008-150, Laws of Florida, and
36 all records, personnel, and property; unexpended balances of
37 appropriations, allocations, and other funds; administrative
38 authority; administrative rules; pending issues; and existing
39 contracts of the Bureau of Invasive Plant Management in the
40 Department of Environmental Protection are transferred by a type
41 two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
42 Fish and Wildlife Conservation Commission. All actions taken
43 pursuant to chapter 2008-150, Laws of Florida, and the
44 interagency agreement executed pursuant thereto are ratified.
45 Section 3. Effective July 1, 2009, subsection (2) of
46 section 379.353, Florida Statutes, is amended to read:
47 379.353 Recreational licenses and permits; exemptions from
48 fees and requirements.—
49 (2) A hunting, freshwater fishing, or saltwater fishing
50 license or permit is not required for:
51 (a) Any child under 16 years of age, except as otherwise
52 provided in this part.
53 (b) Any person hunting or freshwater fishing on her or his
54 homestead property, or on the homestead property of the person’s
55 spouse or minor child; or any minor child hunting or freshwater
56 fishing on the homestead property of her or his parent.
57 (c) Any resident who is a member of the United States Armed
58 Forces and not stationed in this state, when home on leave for
59 30 days or less, upon submission of orders.
60 (d) Any resident freshwater fishing for recreational
61 purposes only, within her or his county of residence with live
62 or natural bait, using poles or lines not equipped with a
63 fishing line retrieval mechanism. This exemption does not apply
64 to residents fishing in a legally established fish management
65 area.
66 (e) Any person freshwater fishing in a fish pond of 20
67 acres or less that is located entirely within the private
68 property of the fish pond owner.
69 (f) Any person freshwater fishing in a fish pond that is
70 licensed in accordance with s. 379.356.
71 (g) Any person fishing who has been accepted as a client
72 for developmental disabilities services by the Department of
73 Children and Family Services, provided the department furnishes
74 proof thereof.
75 (h) Any resident saltwater fishing from land or from a
76 structure fixed to the land who has been determined eligible by
77 the Department of Children and Family Services for the food
78 stamp program, temporary cash assistance, or the Medicaid
79 programs. A benefit issuance or program identification card
80 issued by the Department of Children and Family Services or the
81 Florida Medicaid program of the Agency for Health Care
82 Administration shall serve as proof of program eligibility. The
83 client must have in his or her possession the ID Card and
84 positive proof of identification when fishing.
85 (i) Any person saltwater fishing from a vessel licensed
86 pursuant to s. 379.354(7).
87 (j) Any person saltwater fishing from a vessel the operator
88 of which is licensed pursuant to s. 379.354(7).
89 (k) Any person saltwater fishing who holds a valid
90 saltwater products license issued under s. 379.361(2).
91 (l) Any person saltwater fishing for recreational purposes
92 from a pier licensed under s. 379.354.
93 (m) Any resident fishing for a saltwater species in fresh
94 water from land or from a structure fixed to land.
95 (m)(n) Any resident fishing for mullet in fresh water who
96 has a valid Florida freshwater fishing license.
97 (n)(o) Any resident 65 years of age or older who has in her
98 or his possession proof of age and residency. A no-cost license
99 under this paragraph may be obtained from any tax collector’s
100 office upon proof of age and residency and must be in the
101 possession of the resident during hunting, freshwater fishing,
102 and saltwater fishing activities.
103 (o)(p) Any employee of the commission who takes freshwater
104 fish, saltwater fish, or game as part of employment with the
105 commission, or any other person authorized by commission permit
106 to take freshwater fish, saltwater fish, or game for scientific
107 or educational purposes.
108 (p)(q) Any resident recreationally freshwater fishing who
109 holds a valid commercial fishing license issued under s.
110 379.3625(1)(a).
111 Section 4. Effective July 1, 2009, for the purpose of
112 incorporating the amendment made by this act to section 379.353,
113 Florida Statutes, in a reference thereto, subsection (7) of
114 section 379.3581, Florida Statutes, is reenacted to read:
115 379.3581 Hunter safety course; requirements; penalty.—
116 (7) The hunter safety requirements of this section do not
117 apply to persons for whom licenses are not required under s.
118 379.353(2).
119 Section 5. Except as otherwise expressly provided in this
120 act, this act shall take effect upon becoming a law.