Florida Senate - 2009 CS for SB 2536
By the Committee on Environmental Preservation and Conservation;
and Senator Constantine
592-03360-09 20092536c1
1 A bill to be entitled
2 An act relating to the Fish and Wildlife Conservation
3 Commission; amending s. 206.606, F.S.; requiring the
4 Fish and Wildlife Conservation Commission rather than
5 the Department of Revenue to distribute a specified
6 sum from the Invasive Plant Control Trust Fund to
7 eradicate melaleuca; amending s. 253.002, F.S.;
8 setting forth duties of the commission as they relate
9 to state lands; amending s. 253.04, F.S.; providing
10 for preservation of sea grasses; providing penalties;
11 amending s. 319.32, F.S.; increasing the certificate
12 of title fee for certain vehicles; amending s.
13 320.08056, F.S.; increasing the annual use fee for
14 certain specialty license plates; amending s. 327.35,
15 F.S.; revising penalties for boating under the
16 influence of alcohol; revising the blood-alcohol level
17 or breath-alcohol level at which certain penalties
18 apply; amending s. 327.36, F.S.; revising a
19 prohibition against accepting a plea to a lesser
20 included offense from a person who is charged with
21 certain offenses involving the operation of a vessel;
22 revising the blood-alcohol level or breath-alcohol
23 level at which the prohibition applies; amending s.
24 327.395, F.S.; revising certain age limitations on the
25 operation of a vessel powered by a 10-horsepower motor
26 or greater; amending s. 327.40, F.S.; revising
27 provisions for placement of navigation, safety, and
28 informational markers of waterways; providing for
29 uniform waterway markers; removing an exemption from
30 permit requirements for certain markers placed by
31 county, municipal, or other government entities;
32 amending s. 327.41, F.S., relating to placement of
33 markers by a county or municipality; revising
34 terminology; providing for a county or municipality
35 that has adopted a boating-restricted area by
36 ordinance under specified provisions to apply for
37 permission to place regulatory markers; amending s.
38 327.42, F.S.; revising provisions prohibiting mooring
39 to or damaging markers or buoys; amending s. 327.46,
40 F.S.; revising provisions for establishment by the
41 Fish and Wildlife Conservation Commission of boating
42 restricted areas; providing for counties and
43 municipalities to establish boating-restricted areas
44 with approval of the commission; directing the
45 commission to adopt rules for the approval; revising a
46 prohibition against operating a vessel in a prohibited
47 manner in a boating-restricted area; providing for
48 enforcement by citation mailed to the owner of the
49 vessel; specifying responsibility for citations issued
50 to livery vessels; providing for construction;
51 amending s. 327.60, F.S.; revising provisions limiting
52 regulation by a county or municipality of the
53 operation, equipment, and other matters relating to
54 vessels operated upon the waters of this state;
55 prohibiting certain county or municipality ordinances
56 or regulations; creating s. 327.66, F.S.; prohibiting
57 possessing or operating a vessel equipped with certain
58 fuel containers or related equipment; prohibiting
59 transporting fuel in a vessel except in compliance
60 with certain federal regulations; providing penalties;
61 declaring fuel transported in violation of such
62 prohibitions to be a public nuisance and directing the
63 enforcing agency to abate the nuisance; providing for
64 disposal of the containers and fuel; declaring
65 conveyances, vessels, vehicles, and equipment used in
66 such violation to be contraband; providing for seizure
67 of the contraband; defining the term “conviction” for
68 specified purposes; providing for costs to remove
69 fuel, containers, vessels, and equipment to be paid by
70 the owner; providing that a person who fails to pay
71 such cost shall not be issued a certificate of
72 registration for a vessel or motor vehicle; amending
73 s. 327.73, F.S.; revising provisions for citation of a
74 noncriminal infraction to provide for violations
75 relating to boating-restricted areas and speed limits;
76 revising provisions relating to establishment of such
77 limits by counties and municipalities; amending s.
78 328.03, F.S.; requiring vessels used or stored on the
79 waters of this state to be titled by this state
80 pursuant to specified provisions; providing
81 exceptions; amending s. 328.07, F.S.; requiring
82 certain vessels used or stored on the waters of this
83 state to have affixed a hull identification number;
84 providing that a vessel in violation may be seized and
85 subject to forfeiture; amending ss. 328.46, 328.48,
86 and 328.56, F.S.; requiring vessels operated, used, or
87 stored on the waters of this state to be registered
88 and display the registration number; providing
89 exceptions; amending s. 328.58, F.S., relating to
90 reciprocity of nonresident or alien vessels; requiring
91 the owner of a vessel with a valid registration from
92 another state, a vessel with a valid registration from
93 the United States Coast Guard in another state, or a
94 federally documented vessel from another state to
95 record the registration number with the Department of
96 Highway Safety and Motor Vehicles when using or
97 storing the vessel on the waters of this state in
98 excess of the 90-day reciprocity period; amending s.
99 328.60, F.S.; providing an exception to registration
100 requirements for military personnel using or storing
101 on the waters of this state a vessel with a valid
102 registration from another state, a vessel with a valid
103 registration from the United States Coast Guard in
104 another state, or a federally documented vessel from
105 another state; amending s. 328.65, F.S.; revising
106 legislative intent with respect to registration and
107 numbering of vessels; amending s. 328.66, F.S.;
108 authorizing a county to impose an annual registration
109 fee on vessels used on the waters of this state within
110 its jurisdiction; amending s. 328.72, F.S.; providing
111 noncriminal penalties for use or storage of a
112 previously registered vessel after the expiration of
113 the registration period; amending ss. 369.20, 369.22,
114 and 369.25, F.S.; providing that the commission has
115 the authority to enforce statutes relating to aquatic
116 weeds and plants; amending s. 379.304, F.S.; providing
117 that anyone violating the provisions governing the
118 sale or exhibition of wildlife is subject to specified
119 penalties relating to captive wildlife; amending s.
120 379.338, F.S.; authorizing an investigating law
121 enforcement agency to dispose of illegally taken
122 wildlife, freshwater fish, or saltwater fish in
123 certain specified ways; requiring that live wildlife,
124 freshwater fish, and saltwater fish be properly
125 documented as evidence and returned to the habitat
126 unharmed; requiring that nonnative species be disposed
127 of in accordance with rules of the Fish and Wildlife
128 Conservation Commission; providing for the disposition
129 of furs and hides; requiring that the proceeds of
130 sales be deposited in the State Game Trust Fund or the
131 Marine Resources Conservation Trust Fund; requiring
132 the Fish and Wildlife Conservation Commission to give
133 to a state, municipal, or county law enforcement
134 agency that enforces or assists the commission in
135 enforcing the law all or a portion of the value of any
136 property forfeited during an enforcement action;
137 creating s. 379.3381, F.S.; providing that photographs
138 of wildlife or freshwater or saltwater fish may be
139 offered into evidence to the same extent as if the
140 wildlife, freshwater fish, or saltwater fish were
141 directly introduced as evidence; requiring that the
142 photograph be accompanied by a writing containing
143 specified information relating to the illegal seizure
144 of the wildlife or freshwater or saltwater fish;
145 requiring that the wildlife or freshwater or saltwater
146 fish be disposed of as provided by law; amending s.
147 379.353, F.S.; providing that a resident of this state
148 is exempt from paying certain recreational licenses if
149 the person is eligible for Medicaid services and has
150 been issued an identification card by the Agency for
151 Health Care Administration; amending s. 379.3671,
152 F.S.; providing that if a certificate issued to a
153 person to use a spiny lobster trap is not renewed
154 within a specified period, the certificate will be
155 considered abandoned and revert to the commission;
156 amending s. 379.3751, F.S.; revising the alligator
157 trapping agent’s license and the alligator farming
158 agent’s license to allow the trapper and the farmer to
159 possess, process, and sell the hides and meat of the
160 alligator; removing the limitation that an alligator
161 trapping agent’s license could be issued only in
162 conjunction with an alligator trapping license;
163 amending s. 379.3761, F.S.; providing penalties for
164 the wrongful exhibition or sale of wildlife; amending
165 s. 379.3762, F.S.; revising penalties for a person who
166 unlawfully possesses wildlife; amending s. 379.401,
167 F.S.; making it a level 2 violation for a person to
168 feed or entice an alligator or crocodile and a level 4
169 violation for a person to illegally kill, injure, or
170 capture an alligator or crocodile; amending s.
171 379.4015, F.S.; making it a level 2 violation for a
172 person to illegally exhibit of sell wildlife;
173 requiring the commission to establish a pilot program
174 for regulating the anchoring or mooring of non-live
175 aboard vessels outside public mooring fields;
176 specifying the goals of the pilot program; providing
177 requirements; requiring a report to the Governor and
178 Legislature; creating s. 379.501, F.S.; providing
179 penalties for unlawfully disturbing aquatic weeds and
180 plants; providing that a person is liable to the state
181 for any damage caused to the aquatic weeds or plants
182 and for civil penalties; providing that if a person
183 willfully harm aquatic weeds and plants he or she
184 commits a felony of the third degree; providing
185 criminal penalties; creating s. 379.502, F.S.;
186 authorizing the commission to seek judicial or
187 administrative remedies for unlawfully disturbing
188 aquatic weeds and plants; providing for procedures;
189 authorizing a respondent to request mediation;
190 providing for an award of attorney’s fees; providing
191 requirements for calculating administrative penalties;
192 providing for the administrative law judge to consider
193 evidence of mitigation; requiring that penalties be
194 deposited into the Invasive Plant Control Trust Fund;
195 creating s. 379.503, F.S.; authorizing the commission
196 to seek injunctive relief; providing that the judicial
197 and administrative remedies are alternative and
198 mutually exclusive; creating s. 379.504, F.S.;
199 providing that anyone who unlawfully disturbs aquatic
200 weeds or plants is subject to civil penalties;
201 authorizing a court to impose a civil penalty for each
202 offense in an amount not to exceed $10,000 per
203 offense; providing for joint and several liability;
204 providing for determining the value of fish killed for
205 purposes of assessing damages; amending s. 403.088,
206 F.S.; requiring the commission to approve a program
207 intended to control aquatic weeds or algae; providing
208 for a type II transfer of the Bureau of Invasive Plant
209 Management in the Department of Environmental
210 Protection to the Fish and Wildlife Conservation
211 Commission; providing for the transfer of the Invasive
212 Plant Control Trust Fund to the Fish and Wildlife
213 Conservation Commission; reenacting s. 379.209(2),
214 F.S., relating to funds credited to the Nongame
215 Wildlife Trust Fund, to incorporate an amendment made
216 to s. 319.32 F.S., in a reference thereto; reenacting
217 s. 379.3581(7), F.S., relating to hunting safety, to
218 incorporate the amendment made to s. 379.353, F.S., in
219 a reference thereto; providing an appropriation;
220 repealing s. 327.22, F.S.; repealing s. 379.366(7),
221 F.S.; to abrogate the expiration of provisions
222 imposing blue crab effort management program fees and
223 penalties; providing effective dates.
224
225 Be It Enacted by the Legislature of the State of Florida:
226
227 Section 1. Paragraph (a) of subsection (1) of section
228 206.606, Florida Statutes, is amended to read
229 206.606 Distribution of certain proceeds.—
230 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
231 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
232 Fund. Such moneys, after deducting the service charges imposed
233 by s. 215.20, the refunds granted pursuant to s. 206.41, and the
234 administrative costs incurred by the department in collecting,
235 administering, enforcing, and distributing the tax, which
236 administrative costs may not exceed 2 percent of collections,
237 shall be distributed monthly to the State Transportation Trust
238 Fund, except that:
239 (a) $6.30 million shall be transferred to the Fish and
240 Wildlife Conservation Commission in each fiscal year and
241 deposited in the Invasive Plant Control Trust Fund to be used
242 for aquatic plant management, including nonchemical control of
243 aquatic weeds, research into nonchemical controls, and
244 enforcement activities. Beginning in fiscal year 1993-1994, The
245 commission department shall allocate at least $1 million of such
246 funds to the eradication of melaleuca.
247 Section 2. Section 253.002, Florida Statutes, is amended to
248 read
249 253.002 Department of Environmental Protection, water
250 management districts, and Department of Agriculture and Consumer
251 Services, and Fish and Wildlife Conservation Commission; duties
252 with respect to state lands.—
253 (1) The Department of Environmental Protection shall
254 perform all staff duties and functions related to the
255 acquisition, administration, and disposition of state lands,
256 title to which is or will be vested in the Board of Trustees of
257 the Internal Improvement Trust Fund. However, upon the effective
258 date of rules adopted pursuant to s. 373.427, a water management
259 district created under s. 373.069 shall perform the staff duties
260 and functions related to the review of any application for
261 authorization to use board of trustees-owned submerged lands
262 necessary for an activity regulated under part IV of chapter 373
263 for which the water management district has permitting
264 responsibility as set forth in an operating agreement adopted
265 pursuant to s. 373.046(4); and the Department of Agriculture and
266 Consumer Services shall perform the staff duties and functions
267 related to the review of applications and compliance with
268 conditions for use of board of trustees-owned submerged lands
269 under authorizations or leases issued pursuant to ss. 253.67
270 253.75 and 597.010. Unless expressly prohibited by law, the
271 board of trustees may delegate to the department any statutory
272 duty or obligation relating to the acquisition, administration,
273 or disposition of lands, title to which is or will be vested in
274 the board of trustees. The board of trustees may also delegate
275 to any water management district created under s. 373.069 the
276 authority to take final agency action, without any action on
277 behalf of the board, on applications for authorization to use
278 board of trustees-owned submerged lands for any activity
279 regulated under part IV of chapter 373 for which the water
280 management district has permitting responsibility as set forth
281 in an operating agreement adopted pursuant to s. 373.046(4).
282 This water management district responsibility under this
283 subsection shall be subject to the department’s general
284 supervisory authority pursuant to s. 373.026(7). The board of
285 trustees may also delegate to the Department of Agriculture and
286 Consumer Services the authority to take final agency action on
287 behalf of the board on applications to use board of trustees
288 owned submerged lands for any activity for which that department
289 has responsibility pursuant to ss. 253.67-253.75, and 597.010,
290 and ss. 369.25-369.251. However, the board of trustees shall
291 retain the authority to take final agency action on establishing
292 any areas for leasing, new leases, expanding existing lease
293 areas, or changing the type of lease activity in existing
294 leases. Upon issuance of an aquaculture lease or other real
295 property transaction relating to aquaculture, the Department of
296 Agriculture and Consumer Services must send a copy of the
297 document and the accompanying survey to the Department of
298 Environmental Protection. The board of trustees may also
299 delegate to the Fish and Wildlife Conservation Commission the
300 authority to take final agency action, without any action on
301 behalf of the board, on applications for authorization to use
302 board of trustees-owned submerged lands for any activity
303 regulated under ss. 369.20 and 369.22 s. 369.20.
304 (2) Delegations to the department, or a water management
305 district, or the Department of Agriculture and Consumer Services
306 of authority to take final agency action on applications for
307 authorization to use submerged lands owned by the board of
308 trustees, without any action on behalf of the board of trustees,
309 shall be by rule. Until rules adopted pursuant to this
310 subsection become effective, existing delegations by the board
311 of trustees shall remain in full force and effect. However, the
312 board of trustees is not limited or prohibited from amending
313 these delegations. The board of trustees shall adopt by rule any
314 delegations of its authority to take final agency action without
315 action by the board of trustees on applications for
316 authorization to use board of trustees-owned submerged lands.
317 Any final agency action, without action by the board of
318 trustees, taken by the department, or a water management
319 district, or the Department of Agriculture and Consumer Services
320 on applications to use board of trustees-owned submerged lands
321 shall be subject to the provisions of s. 373.4275.
322 Notwithstanding any other provision of this subsection, the
323 board of trustees, the Department of Legal Affairs, and the
324 department retain the concurrent authority to assert or defend
325 title to submerged lands owned by the board of trustees.
326 Section 3. Effective October 1, 2009, subsection (4) of
327 section 253.04, Florida Statutes, is amended to read
328 253.04 Duty of board to protect, etc., state lands; state
329 may join in any action brought.—
330 (4) Whenever any person or the agent of any person
331 knowingly refuses to comply with or willfully violates any of
332 the provisions of this chapter so that such person causes damage
333 to the lands of the state or products thereof, including removal
334 of those products, such violator is liable for such damage.
335 Whenever two or more persons or their agents cause damage, and
336 if such damage is indivisible, each violator is jointly and
337 severally liable for such damage; however, if such damage is
338 divisible and may be attributed to a particular violator or
339 violators, each violator is liable only for that damage and
340 subject to the fine attributable to his or her violation.
341 (a) The duty to conserve and improve state-owned lands and
342 the products thereof shall include the preservation and
343 regeneration of seagrass, which is deemed essential to the
344 oceans, gulfs, estuaries, and shorelines of the state. A person
345 operating a vessel outside a lawfully marked channel in a
346 careless manner that causes seagrass scarring within an aquatic
347 preserve established in ss. 258.39-258.399, with the exception
348 of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
349 Springs aquatic preserves, commits a noncriminal infraction,
350 punishable as provided in s. 327.73. Each violation is a
351 separate offense. As used in this subsection, the term:
352 1. “Seagrass scarring” means destruction of seagrass roots,
353 shoots, or stems that results in tracks on the substrate, caused
354 by the operation of a motorized vessel in waters supporting
355 seagrasses, commonly referred to as prop scars or propeller
356 scars.
357 2. “Seagrass” means Cuban shoal grass (Halodule wrightii),
358 turtle grass (Thalassia testudinum), manatee grass (Syringodium
359 filiforme), star grass (Halophila engelmannii), paddle grass
360 (Halophila decipiens), Johnsons seagrass (Halophila johnsonii),
361 or widgeon grass (Ruppia maritima).
362 (b) Any violation under paragraph (a) is a violation of the
363 vessel laws of this state and shall be charged on a uniform
364 boating citation as provided in s. 327.74. Any person who
365 refuses to post a bond or accept and sign a uniform boating
366 citation commits a misdemeanor of the second degree, as provided
367 in s. 327.73(3), punishable as provided in s. 775.082 or s.
368 775.083.
369 Section 4. Effective October 1, 2009, subsection (3) of
370 section 319.32, Florida Statutes, is amended to read:
371 319.32 Fees; service charges; disposition.—
372 (3) The department shall charge a fee of $10 $4 in addition
373 to that charged in subsection (1) for each original certificate
374 of title issued for a vehicle previously registered outside this
375 state.
376 Section 5. Effective October 1, 2009, paragraphs (a) and
377 (x) of subsection (4) of section 320.08056, Florida Statutes,
378 are amended to read:
379 320.08056 Specialty license plates.—
380 (4) The following license plate annual use fees shall be
381 collected for the appropriate specialty license plates:
382 (a) Manatee license plate, $25 $20.
383 (x) Conserve Wildlife license plate, $25 $15.
384 Section 6. Subsection (4) of section 327.35, Florida
385 Statutes, is amended to read:
386 327.35 Boating under the influence; penalties; “designated
387 drivers”.—
388 (1) A person is guilty of the offense of boating under the
389 influence and is subject to punishment as provided in subsection
390 (2) if the person is operating a vessel within this state and:
391 (a) The person is under the influence of alcoholic
392 beverages, any chemical substance set forth in s. 877.111, or
393 any substance controlled under chapter 893, when affected to the
394 extent that the person’s normal faculties are impaired;
395 (b) The person has a blood-alcohol level of 0.08 or more
396 grams of alcohol per 100 milliliters of blood; or
397 (c) The person has a breath-alcohol level of 0.08 or more
398 grams of alcohol per 210 liters of breath.
399 (4) Any person who is convicted of a violation of
400 subsection (1) and who has a blood-alcohol level or breath
401 alcohol level of 0.15 0.20 or higher, or any person who is
402 convicted of a violation of subsection (1) and who at the time
403 of the offense was accompanied in the vessel by a person under
404 the age of 18 years, shall be punished:
405 (a) By a fine of:
406 1. Not less than $1,000 or more than $2,000 for a first
407 conviction.
408 2. Not less than $2,000 or more than $4,000 for a second
409 conviction.
410 3. Not less than $4,000 for a third or subsequent
411 conviction.
412 (b) By imprisonment for:
413 1. Not more than 9 months for a first conviction.
414 2. Not more than 12 months for a second conviction.
415
416 For the purposes of this subsection, only the instant offense is
417 required to be a violation of subsection (1) by a person who has
418 a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
419 higher.
420 Section 7. Paragraph (a) of subsection (2) of section
421 327.36, Florida Statutes, is amended to read:
422 327.36 Mandatory adjudication; prohibition against
423 accepting plea to lesser included offense.—
424 (2)(a) No trial judge may accept a plea of guilty to a
425 lesser offense from a person who is charged with a violation of
426 s. 327.35, manslaughter resulting from the operation of a
427 vessel, or vessel homicide and who has been given a breath or
428 blood test to determine blood or breath alcohol content, the
429 results of which show a blood-alcohol level or breath-alcohol
430 level of 0.15 0.16 or more.
431 Section 8. Effective January 1, 2010, section 327.395,
432 Florida Statutes, is amended to read:
433 327.395 Boating safety identification cards.—
434 (1) A person born on or after January 1, 1988, 21 years of
435 age or younger may not operate a vessel powered by a motor of 10
436 horsepower or greater unless such person has in his or her
437 possession aboard the vessel photographic identification and a
438 boater safety identification card issued by the commission which
439 shows that he or she has:
440 (a) Completed a commission-approved boater education course
441 that meets the minimum 8-hour instruction requirement
442 established by the National Association of State Boating Law
443 Administrators;
444 (b) Passed a course equivalency examination approved by the
445 commission; or
446 (c) Passed a temporary certificate examination developed or
447 approved by the commission.
448 (2) Any person may obtain a boater safety identification
449 card by complying with the requirements of this section.
450 (3) Any commission-approved boater education or boater
451 safety course, course-equivalency examination developed or
452 approved by the commission, or temporary certificate examination
453 developed or approved by the commission must include a component
454 regarding diving vessels, awareness of divers in the water,
455 divers-down flags, and the requirements of s. 327.331.
456 (4) The commission may appoint liveries, marinas, or other
457 persons as its agents to administer the course, course
458 equivalency examination, or temporary certificate examination
459 and issue identification cards under guidelines established by
460 the commission. An agent must charge the $2 examination fee,
461 which must be forwarded to the commission with proof of passage
462 of the examination and may charge and keep a $1 service fee.
463 (5) An identification card issued to a person who has
464 completed a boating education course or a course equivalency
465 examination is valid for life. A card issued to a person who has
466 passed a temporary certification examination is valid for 12
467 months from the date of issuance.
468 (6) A person is exempt from subsection (1) if he or she:
469 (a) Is licensed by the United States Coast Guard to serve
470 as master of a vessel.
471 (b) Operates a vessel only on a private lake or pond.
472 (c) Is accompanied in the vessel by a person who is exempt
473 from this section or who holds an identification card in
474 compliance with this section, is 18 years of age or older, and
475 is attendant to the operation of the vessel and responsible for
476 the safe operation of the vessel and for any violation that
477 occurs during the operation.
478 (d) Is a nonresident who has in his or her possession proof
479 that he or she has completed a boater education course or
480 equivalency examination in another state which meets or exceeds
481 the requirements of subsection (1).
482 (e) Is operating a vessel within 90 days after the purchase
483 of that vessel and has available for inspection aboard that
484 vessel a bill of sale meeting the requirements of s. 328.46(1).
485 (f)(e) Is exempted by rule of the commission.
486 (7) A person who operates a vessel in violation of
487 subsection (1) commits violates this section is guilty of a
488 noncriminal infraction, punishable as provided in s. 327.73.
489 (8) The commission shall design forms and adopt rules to
490 administer this section. Such rules shall include provision for
491 educational and other public and private entities to offer the
492 course and administer examinations.
493 (9) The commission shall institute and coordinate a
494 statewide program of boating safety instruction and
495 certification to ensure that boating courses and examinations
496 are available in each county of the state.
497 (10) The commission is authorized to establish and to
498 collect a $2 examination fee to cover administrative costs.
499 (11) The commission is authorized to adopt rules pursuant
500 to chapter 120 to implement the provisions of this section.
501 Section 9. Effective October 1, 2009, section 327.40,
502 Florida Statutes, is amended to read:
503 327.40 Uniform waterway markers for safety and navigation;
504 informational markers.—
505 (1) Waters of this state Waterways in Florida which need
506 marking for safety or navigation purposes shall be marked only
507 in conformity with under the United States Aids to Navigation
508 System, 33 C.F.R. part 62. Until December 31, 2003, channel
509 markers and obstruction markers conforming to the Uniform State
510 Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
511 to be used on waters of this state that are not navigable waters
512 of the United States.
513 (2)(a) Application for marking inland lakes and state
514 waters and any navigable waters under concurrent jurisdiction of
515 the Coast Guard and the division shall be made to the division,
516 accompanied by a map locating the approximate placement of
517 markers, a list of the markers to be placed, a statement of the
518 specification of the markers, a statement of the purpose of
519 marking, and the names of persons responsible for the placement
520 and upkeep of such markers. The division will assist the
521 applicant to secure the proper permission from the Coast Guard
522 where required, make such investigations as needed, and issue a
523 permit. The division shall furnish the applicant with the
524 information concerning the system adopted and the rules existing
525 for placing and maintaining the markers. The division shall keep
526 records of all approvals given and counsel with individuals,
527 counties, municipalities, motorboat clubs, or other groups
528 desiring to mark waterways for safety and navigation purposes in
529 Florida.
530 (b)1. No person or municipality, county, or other
531 governmental entity shall place any uniform waterway marker
532 safety or navigation markers in, on, or over the waters or
533 shores of the state without a permit from the division.
534 2. The placement of informational markers, including, but
535 not limited to, markers indicating end of boat ramp, no
536 swimming, swimming area, lake name, trash receptacle, public
537 health notice, or underwater hazard and canal, regulatory,
538 emergency, and special event markers, by counties,
539 municipalities, or other governmental entities on inland lakes
540 and their associated canals are exempt from permitting under
541 this section. Such markers, excluding swimming area and special
542 event markers, may be no more than 50 feet from the normal
543 shoreline.
544 (c) The commission is authorized to adopt rules pursuant to
545 chapter 120 to implement this section.
546 (3) The placement under this section or s. 327.41 of any
547 uniform waterway marker safety or navigation marker or any
548 informational marker under subparagraph (2)(b)2. on state
549 submerged lands under this section does not subject such lands
550 to the lease requirements of chapter 253.
551 Section 10. Effective October 1, 2009, subsection (2) of
552 section 327.41, Florida Statutes, is amended to read:
553 327.41 Uniform waterway regulatory markers.—
554 (2) Any county or municipality which has been granted a
555 boating-restricted restricted area designation, by rule of the
556 commission pursuant to s. 327.46, for a portion of the Florida
557 Intracoastal Waterway within its jurisdiction or which has
558 adopted a boating-restricted restricted area by ordinance
559 pursuant to s. 327.46(1)(b) s. 327.22, s. 327.60, or s.
560 379.2431(2)(p), or any other governmental entity which has
561 legally established a boating-restricted restricted area, may
562 apply to the commission for permission to place regulatory
563 markers within the boating-restricted restricted area.
564 Section 11. Effective October 1, 2009, section 327.42,
565 Florida Statutes, is amended to read:
566 327.42 Mooring to or damaging of markers or buoys
567 prohibited.—
568 (1) No person shall moor or fasten a vessel to a lawfully
569 placed uniform waterway aid-to-navigation marker or buoy,
570 regulatory marker or buoy, or area boundary marker or buoy,
571 placed or erected by any governmental agency, except in case of
572 emergency or with the written consent of the marker’s owner.
573 (2) No person shall willfully damage, alter, or move a
574 lawfully placed uniform waterway aid-to-navigation marker or
575 buoy, regulatory marker or buoy, or area boundary marker or
576 buoy.
577 Section 12. Effective October 1, 2009, section 327.46,
578 Florida Statutes, is amended to read:
579 327.46 Boating-restricted Restricted areas.—
580 (1) Boating-restricted The commission has the authority to
581 establish by rule, pursuant to chapter 120, restricted areas,
582 including, but not limited to, restrictions of vessel speeds and
583 vessel traffic, may be established on the waters of this the
584 state for any purpose deemed necessary to protect for the safety
585 of the public, including, but not limited to, vessel speeds and
586 vessel traffic, where such restrictions are deemed necessary
587 based on boating accidents, visibility, hazardous currents or
588 water levels, vessel traffic congestion, or other navigational
589 hazards.
590 (a) The commission may establish boating-restricted areas
591 by rule, pursuant to chapter 120.
592 (b) Municipalities and counties have the authority to
593 establish the following boating restricted areas by ordinance:
594 1. An ordinance establishing an Idle Speed-No Wake boating
595 restricted area, if the area is:
596 a. Within 500 feet of any boat ramp, hoist, marine railway,
597 or other launching or landing facility available for use by the
598 general boating public on waterways more than 300 feet in width
599 or within 300 feet of any boat ramp, hoist, marine railway, or
600 other launching or landing facility available for use by the
601 general boating public on waterways not exceeding 300 feet in
602 width.
603 b. Within 500 feet of fuel pumps or dispensers at any
604 marine fueling facility that sells motor fuel to the general
605 boating public on waterways more than 300 feet in width or
606 within 300 feet of the fuel pumps or dispensers at any licensed
607 terminal facility that sells motor fuel to the general boating
608 public on waterways not exceeding 300 feet in width.
609 c. Inside or within 300 feet of any lock structure.
610 2. An ordinance establishing a Slow Speed Minimum Wake
611 boating-restricted area if the area is:
612 a. Within 300 feet of any bridge fender system.
613 b. Within 300 feet of any bridge span presenting a vertical
614 clearance of less than 25 feet or a horizontal clearance of less
615 than 100 feet.
616 c. Within 300 feet of a confluence of water bodies
617 presenting a blind corner, a bend in a narrow channel or
618 fairway, or such other area where an intervening obstruction to
619 visibility may obscure other vessels or other users of the
620 waterway.
621 d. On a creek, stream, canal, or similar linear waterway
622 where the waterway is less than 75 feet in width from shoreline
623 to shoreline.
624 e. On a lake or pond of less than 10 acres in total surface
625 area.
626 3. An ordinance establishing a vessel exclusion zone if the
627 area is:
628 a. Designated as a public bathing beach or swim area.
629 b. Reserved exclusively as a canoe trail or otherwise
630 limited to vessels under oars.
631 c. Within 300 feet of a dam, spillway, or flood control
632 structure.
633 (c) Except as provided in s. 327.60, municipalities and
634 counties have the authority to establish by ordinance such other
635 boating-restricted areas as are necessary to protect human life
636 and limb, vessel traffic safety, or maritime property; however,
637 such an ordinance may not take effect until the commission has
638 reviewed the ordinance and determined that the ordinance is
639 necessary to protect human life and limb, vessel traffic safety,
640 or maritime property. The commission shall establish by rule,
641 pursuant to chapter 120, the criteria for making such
642 determinations.
643 (2) Each such boating-restricted restricted area shall be
644 developed in consultation and coordination with the governing
645 body of the county or municipality in which the boating
646 restricted restricted area is located and, when the boating
647 restricted area is to be on the navigable waters of the United
648 States where required, with the United States Coast Guard and
649 the United States Army Corps of Engineers.
650 (3)(2) It is unlawful for any person to operate a vessel in
651 a prohibited manner or to carry on any prohibited activity, as
652 defined in this chapter, deemed a safety hazard or interference
653 with navigation as provided above within a boating-restricted
654 restricted water area which has been clearly marked by
655 regulatory markers as authorized under this chapter.
656 (4)(3) Restrictions in a boating-restricted area
657 established pursuant to this section shall not apply in the case
658 of an emergency or to a law enforcement, firefighting, or rescue
659 vessel owned or operated by a governmental entity.
660 (5)(a) Noncriminal violations committed within legally
661 established boating-restricted areas that are properly marked as
662 permitted under ss. 327.40 and 327.41 may be enforced by a
663 uniform boating citation mailed to the registered owner of the
664 vessel.
665 (b) Citations issued to livery vessels under this
666 subsection shall be the responsibility of the lessee of the
667 vessel if the livery has included a warning of this
668 responsibility as a part of the rental agreement and has
669 provided to the agency issuing the citation the name, address,
670 and date of birth of the lessee when requested by that agency.
671 The livery is not responsible for the payment of citations if
672 the livery provides the required warning and lessee information.
673 (c) This subsection supplements the enforcement of this
674 section by law enforcement officers and does not prohibit a law
675 enforcement officer from issuing a citation for a violation of
676 this section in accordance with normal boating enforcement
677 techniques.
678 Section 13. Effective October 1, 2009, section 327.60,
679 Florida Statutes, is amended to read:
680 327.60 Local regulations; limitations.—
681 (1) The provisions of this chapter and chapter 328 ss.
682 327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
683 327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
684 govern the operation, equipment, and all other matters relating
685 thereto whenever any vessel shall be operated upon the waters of
686 this state waterways or when any activity regulated hereby shall
687 take place thereon.
688 (2) Nothing in this chapter or chapter 328 these sections
689 shall be construed to prevent the adoption of any ordinance or
690 local regulation law relating to operation and equipment of
691 vessels, except that no county or municipality shall enact,
692 continue in effect, or enforce any ordinance or local
693 regulation:
694 (a) Establishing a vessel or associated equipment
695 performance or other safety standard, imposing a requirement for
696 associated equipment, or regulating the carrying or use of
697 marine safety articles;
698 (b) With respect to the design, manufacture, installation,
699 or use of any marine sanitation device on any vessel;
700 (c) Regulating any vessel upon the Florida Intracoastal
701 Waterway;
702 (d) Discriminating against personal watercraft;
703 (e) Discriminating against airboats, for ordinances adopted
704 after July 1, 2006, unless adopted by a two-thirds vote of the
705 governing body enacting such ordinance;
706 (f) Regulating the anchoring of vessels other than live
707 aboard vessels outside the marked boundaries of mooring fields
708 permitted as provided in s. 327.40;
709 (g) Regulating engine or exhaust noise, except as provided
710 in s. 327.65; or
711 (h) That is in conflict with this chapter or any amendments
712 thereto or rules thereunder. no such ordinance or local law may
713 apply to the Florida Intracoastal Waterway and except that such
714 ordinances or local laws shall be operative only when they are
715 not in conflict with this chapter or any amendments thereto or
716 regulations thereunder. Any ordinance or local law which has
717 been adopted pursuant to this section or to any other state law
718 may not discriminate against personal watercraft as defined in
719 s. 327.02. Effective July 1, 2006, any ordinance or local law
720 adopted pursuant to this section or any other state law may not
721 discriminate against airboats except by a two-thirds vote of the
722 governing body enacting such ordinance.
723 (3)(2) Nothing contained in the provisions of this section
724 shall be construed to prohibit local governmental authorities
725 from the enactment or enforcement of regulations which prohibit
726 or restrict the mooring or anchoring of floating structures or
727 live-aboard vessels within their jurisdictions or of any vessels
728 within the marked boundaries of mooring fields permitted as
729 provided in s. 327.40. However, local governmental authorities
730 are prohibited from regulating the anchoring outside of such
731 mooring fields of vessels other than live-aboard vessels as
732 defined in s. 327.02 non-live-aboard vessels in navigation.
733 Section 14. Section 327.66, Florida Statutes, is created to
734 read:
735 327.66 Carriage of gasoline on vessels.—
736 (1)(a) A person shall not:
737 1. Possess or operate any vessel that has been equipped
738 with tanks, bladders, drums, or other containers designed or
739 intended to hold gasoline, or install or maintain such
740 containers in a vessel, if such containers do not conform to
741 federal regulations or have not been approved by the United
742 States Coast Guard by inspection or special permit.
743 2. Transport any gasoline in an approved portable container
744 when the container is in a compartment that is not ventilated in
745 strict compliance with United States Coast Guard regulations
746 pertaining to ventilation of compartments containing gasoline
747 tanks.
748 (b) A person who violates paragraph (a) commits a
749 misdemeanor of the second degree, punishable as provided in s.
750 775.082, s. 775.083, or s. 775.084.
751 (2)(a) Gasoline possessed or transported in violation of
752 this section and all containers holding such gasoline are
753 declared to be a public nuisance. A law enforcement agency
754 discovering gasoline possessed or transported in violation of
755 paragraph (1)(a) shall abate the nuisance by removing the
756 gasoline and containers from the vessel and from the waters of
757 this state. A law enforcement agency that removes gasoline or
758 containers pursuant to this subsection may elect to:
759 1. Retain the property for the agency’s own use;
760 2. Transfer the property to another unit of state or local
761 government;
762 3. Donate the property to a charitable organization; or
763 4. Sell the property at public sale pursuant to s. 705.103.
764 (b) A law enforcement agency that seizes gasoline or
765 containers pursuant to this subsection shall remove and reclaim,
766 recycle, or otherwise dispose of the gasoline as soon as
767 practicable in a safe and proper manner.
768 (3) All conveyances, vessels, vehicles, and other equipment
769 described in paragraph (1)(a) or used in the commission of a
770 violation of paragraph (1)(a), other than gasoline or containers
771 removed as provided in subsection (2), are declared to be
772 contraband.
773 (a) Upon conviction of a person arrested for a violation of
774 paragraph (1)(a), the judge shall issue an order adjudging and
775 ordering that all conveyances, vessels, vehicles, and other
776 equipment used in the violation shall be forfeited to the
777 arresting agency. The requirement for a conviction before
778 forfeiture of property establishes to the exclusion of any
779 reasonable doubt that the property was used in connection with
780 the violation resulting in the conviction, and the procedures of
781 chapter 932 do not apply to any forfeiture of property under
782 this subsection following a conviction.
783 (b) In the absence of an arrest or conviction, any such
784 conveyance, vessel, vehicle, or other equipment used in
785 violation of paragraph (1)(a) shall be subject to seizure and
786 forfeiture as provided by the Florida Contraband Forfeiture Act.
787 (c) As used in this subsection, the term “conviction” means
788 a finding of guilt or the acceptance of a plea of guilty or nolo
789 contendere, regardless of whether adjudication is withheld or
790 whether imposition of sentence is withheld, deferred, or
791 suspended.
792 (4) All costs incurred by the law enforcement agency in the
793 removal of any gasoline, gasoline container, other equipment, or
794 vessel as provided in this section shall be recoverable against
795 the owner thereof. Any person who neglects or refuses to pay
796 such amount shall not be issued a certificate of registration
797 for such vessel or for any other vessel or motor vehicle until
798 the costs have been paid.
799 (5) Foreign flagged vessels entering United States waters
800 and Florida state waters in compliance with 19 USC 1433 are
801 exempt from this section.
802 Section 15. Effective October 1, 2009, subsection (1) of
803 section 327.73, Florida Statutes, is amended to read:
804 327.73 Noncriminal infractions.—
805 (1) Violations of the following provisions of the vessel
806 laws of this state are noncriminal infractions:
807 (a) Section 328.46, relating to operation of unregistered
808 and unnumbered vessels.
809 (b) Section 328.48(4), relating to display of number and
810 possession of registration certificate.
811 (c) Section 328.48(5), relating to display of decal.
812 (d) Section 328.52(2), relating to display of number.
813 (e) Section 328.54, relating to spacing of digits and
814 letters of identification number.
815 (f) Section 328.60, relating to military personnel and
816 registration of vessels.
817 (g) Section 328.72(13), relating to operation with an
818 expired registration.
819 (h) Section 327.33(2), relating to careless operation.
820 (i) Section 327.37, relating to water skiing, aquaplaning,
821 parasailing, and similar activities.
822 (j) Section 327.44, relating to interference with
823 navigation.
824 (k) Violations relating to boating-restricted restricted
825 areas and speed limits:
826 1. Established by the commission or by local governmental
827 authorities pursuant to s. 327.46.
828 2. Established by local governmental authorities pursuant
829 to s. 327.22 or s. 327.60.
830 2.3. Speed limits established pursuant to s. 379.2431(2).
831 (l) Section 327.48, relating to regattas and races.
832 (m) Section 327.50(1) and (2), relating to required safety
833 equipment, lights, and shapes.
834 (n) Section 327.65, relating to muffling devices.
835 (o) Section 327.33(3)(b), relating to navigation rules.
836 (p) Section 327.39(1), (2), (3), and (5), relating to
837 personal watercraft.
838 (q) Section 327.53(1), (2), and (3), relating to marine
839 sanitation.
840 (r) Section 327.53(4), (5), and (7), relating to marine
841 sanitation, for which the civil penalty is $250.
842 (s) Section 327.395, relating to boater safety education.
843 (t) Section 327.52(3), relating to operation of overloaded
844 or overpowered vessels.
845 (u) Section 327.331, relating to divers-down flags, except
846 for violations meeting the requirements of s. 327.33.
847 (v) Section 327.391(1), relating to the requirement for an
848 adequate muffler on an airboat.
849 (w) Section 327.391(3), relating to the display of a flag
850 on an airboat.
851 (x) Section 253.04(4)(a), relating to carelessly causing
852 seagrass scarring, for which the civil penalty upon conviction
853 is:
854 1. For a first offense, $50.
855 2. For a second offense occurring within 12 months after a
856 prior conviction, $250.
857 3. For a third offense occurring within 36 months after a
858 prior conviction, $500.
859 4. For a fourth or subsequent offense, $1,000.
860
861 Any person cited for a violation of any such provision shall be
862 deemed to be charged with a noncriminal infraction, shall be
863 cited for such an infraction, and shall be cited to appear
864 before the county court. The civil penalty for any such
865 infraction is $50, except as otherwise provided in this section.
866 Any person who fails to appear or otherwise properly respond to
867 a uniform boating citation shall, in addition to the charge
868 relating to the violation of the boating laws of this state, be
869 charged with the offense of failing to respond to such citation
870 and, upon conviction, be guilty of a misdemeanor of the second
871 degree, punishable as provided in s. 775.082 or s. 775.083. A
872 written warning to this effect shall be provided at the time
873 such uniform boating citation is issued.
874 Section 16. Effective October 1, 2009, subsections (1) and
875 (2) of section 328.03, Florida Statutes, are amended to read:
876 328.03 Certificate of title required.—
877 (1) Each vessel that is operated, used, or stored on the
878 waters of this state must be titled by this state pursuant to
879 this chapter, unless it is:
880 (a) A vessel operated, used, and stored exclusively on
881 private lakes and ponds;.
882 (b) A vessel owned by the United States Government;.
883 (c) A non-motor-powered vessel less than 16 feet in
884 length;.
885 (d) A federally documented vessel;.
886 (e) A vessel already covered by a registration number in
887 full force and effect which was awarded to it pursuant to a
888 federally approved numbering system of another state or by the
889 United States Coast Guard in a state without a federally
890 approved numbering system, if the vessel is not located in this
891 state for a period in excess of 90 consecutive days;.
892 (f) A vessel from a country other than the United States
893 temporarily used, operated, or stored on using the waters of
894 this state for a period that is not in excess of 90 days;.
895 (g) An amphibious vessel for which a vehicle title is
896 issued by the Department of Highway Safety and Motor Vehicles;.
897 (h) A vessel used solely for demonstration, testing, or
898 sales promotional purposes by the manufacturer or dealer; or.
899 (i) A vessel owned and operated by the state or a political
900 subdivision thereof.
901 (2) A person shall not operate, use, or store a vessel for
902 which a certificate of title is required unless the owner has
903 received from the Department of Highway Safety and Motor
904 Vehicles a valid certificate of title for such vessel. However,
905 such vessel may be operated, used, or stored for a period of up
906 to 180 days after from the date of application for a certificate
907 of title while the application is pending.
908 Section 17. Effective October 1, 2009, subsections (1) and
909 (2) of section 328.07, Florida Statutes, are amended to read:
910 328.07 Hull identification number required.—
911 (1) No person shall operate, use, or store on the waters of
912 this state a vessel the construction of which began after
913 October 31, 1972, for which the department has issued a
914 certificate of title or which is required by law to be
915 registered, unless the vessel displays the assigned hull
916 identification number affixed by the manufacturer as required by
917 the United States Coast Guard or by the department for a
918 homemade vessel or other vessel for which a hull identification
919 number is not required by the United States Coast Guard. The
920 hull identification number must be carved, burned, stamped,
921 embossed, or otherwise permanently affixed to the outboard side
922 of the transom or, if there is no transom, to the outermost
923 starboard side at the end of the hull that bears the rudder or
924 other steering mechanism, above the waterline of the vessel in
925 such a way that alteration, removal, or replacement would be
926 obvious and evident. The characters of the hull identification
927 number must be no less than 12 in number and no less than one
928 fourth inch in height.
929 (2) No person shall operate, use, or store on the waters of
930 this state a vessel the construction of which was completed
931 before November 1, 1972, for which the department has issued a
932 certificate of title or which is required by law to be
933 registered, unless the vessel displays a hull identification
934 number. The hull identification number shall be clearly
935 imprinted in the transom or on the hull by stamping, impressing,
936 or marking with pressure. In lieu of imprinting, the hull
937 identification number may be displayed on a plate in a permanent
938 manner. A vessel for which the manufacturer has provided no hull
939 identification number or a homemade vessel shall be assigned a
940 hull identification number by the department which shall be
941 affixed to the vessel pursuant to this section.
942 (3)(a) No person, firm, association, or corporation shall
943 destroy, remove, alter, cover, or deface the hull identification
944 number or hull serial number, or plate bearing such number, of
945 any vessel, except to make necessary repairs which require the
946 removal of the hull identification number and immediately upon
947 completion of such repairs shall reaffix the hull identification
948 number in accordance with subsection (2).
949 (b) If any of the hull identification numbers required by
950 the United States Coast Guard for a vessel manufactured after
951 October 31, 1972, do not exist or have been altered, removed,
952 destroyed, covered, or defaced or the real identity of the
953 vessel cannot be determined, the vessel may be seized as
954 contraband property by a law enforcement agency or the division,
955 and shall be subject to forfeiture pursuant to ss. 932.701
956 932.706. Such vessel may not be sold or operated on the waters
957 of the state unless the division receives a request from a law
958 enforcement agency providing adequate documentation or is
959 directed by written order of a court of competent jurisdiction
960 to issue to the vessel a replacement hull identification number
961 which shall thereafter be used for identification purposes. No
962 vessel shall be forfeited under the Florida Contraband
963 Forfeiture Act when the owner unknowingly, inadvertently, or
964 neglectfully altered, removed, destroyed, covered, or defaced
965 the vessel hull identification number.
966 Section 18. Effective October 1, 2009, section 328.46,
967 Florida Statutes, is amended to read:
968 328.46 Operation of registered vessels.—
969 (1) Every vessel that is required to be registered and that
970 is being operated, used, or stored on using the waters of this
971 state shall be registered and numbered within 30 days after
972 purchase by the owner except as specifically exempt. During this
973 30-day period, the operator is required to have aboard the
974 vessel and available for inspection a bill of sale. The bill of
975 sale for the vessel shall serve as the temporary certificate of
976 number that is required by federal law and must contain the
977 following information:
978 (a) Make of the vessel.
979 (b) Length of the vessel.
980 (c) Type of propulsion.
981 (d) Hull identification number.
982 (e) A statement declaring Florida to be the state where the
983 vessel is principally used.
984 (f) Name of the purchaser.
985 (g) Address of the purchaser, including ZIP code.
986 (h) Signature of the purchaser.
987 (i) Name of the seller.
988 (j) Signature of the seller.
989 (k) Date of the sale of the vessel. The date of sale shall
990 also serve as the date of issuance of the temporary certificate
991 of number.
992 (l) Notice to the purchaser and operator that the temporary
993 authority to use the vessel on the waters of this state is
994 invalid after 30 days following the date of sale of the vessel.
995 (2) No person shall operate, use, or store or give
996 permission for the operation, use, or storage of any such vessel
997 on such waters unless:
998 (a) Such vessel is registered within 30 days after purchase
999 by the owner and numbered with the identifying number set forth
1000 in the certificate of registration, displayed:
1001 1. In accordance with s. 328.48(4), except, if the vessel
1002 is an airboat, the registration number may be displayed on each
1003 side of the rudder; or
1004 2. In accordance with 33 C.F.R. s. 173.27, or with a
1005 federally approved numbering system of another state; and
1006 (b) The certificate of registration or temporary
1007 certificate of number awarded to such vessel is in full force
1008 and effect.
1009 Section 19. Effective October 1, 2009, subsection (2) of
1010 section 328.48, Florida Statutes, is amended to read:
1011 328.48 Vessel registration, application, certificate,
1012 number, decal, duplicate certificate.—
1013 (2) Each vessel operated, All vessels used, or stored on
1014 the waters of this the state must be registered as a, either
1015 commercial vessel or recreational vessel as defined in s. 327.02
1016 this chapter, unless it is except as follows:
1017 (a) A vessel operated, used, and stored exclusively on
1018 private lakes and ponds;.
1019 (b) A vessel owned by the United States Government;.
1020 (c) A vessel used exclusively as a ship’s lifeboat; or.
1021 (d) A non-motor-powered vessel less than 16 feet in length,
1022 or a and any non-motor-powered canoe, kayak, racing shell, or
1023 rowing scull, regardless of length.
1024 Section 20. Effective October 1, 2009, section 328.56,
1025 Florida Statutes, is amended to read:
1026 328.56 Vessel registration number.—Each vessel that is
1027 operated, used, or stored on the waters of this the state must
1028 display a commercial or recreational Florida registration
1029 number, unless it is:
1030 (1) A vessel operated, used, and stored exclusively on
1031 private lakes and ponds;.
1032 (2) A vessel owned by the United States Government;.
1033 (3) A vessel used exclusively as a ship’s lifeboat;.
1034 (4) A non-motor-powered vessel less than 16 feet in length,
1035 or a and any non-motor-powered canoe, kayak, racing shell, or
1036 rowing scull, regardless of length;.
1037 (5) A federally documented vessel;.
1038 (6) A vessel already covered by a registration number in
1039 full force and effect which has been awarded to it pursuant to a
1040 federally approved numbering system of another state or by the
1041 United States Coast Guard in a state without a federally
1042 approved numbering system, if the vessel has not been within
1043 this state for a period in excess of 90 consecutive days;.
1044 (7) A vessel operating under a valid temporary certificate
1045 of number;.
1046 (8) A vessel from a country other than the United States
1047 temporarily using the waters of this state; or.
1048 (9) An undocumented vessel used exclusively for racing.
1049 Section 21. Effective October 1, 2009, section 328.58,
1050 Florida Statutes, is amended to read:
1051 328.58 Reciprocity of nonresident or alien vessels.—The
1052 owner of any vessel already covered by a registration number in
1053 full force and effect which has been awarded by:
1054 (1) By Another state pursuant to a federally approved
1055 numbering system of another state;
1056 (2) By The United States Coast Guard in a state without a
1057 federally approved numbering system; or
1058 (3) By The United States Coast Guard for a federally
1059 documented vessel with a valid registration in full force and
1060 effect from another state, shall record the number with the
1061 Department of Highway Safety and Motor Vehicles prior to
1062 operating, using, or storing the vessel on the waters of this
1063 state in excess of the 90-day reciprocity period provided for in
1064 this chapter. Such recordation shall be pursuant to the
1065 procedure required for the award of an original registration
1066 number, except that no additional or substitute registration
1067 number shall be issued if the vessel owner maintains the
1068 previously awarded registration number in full force and effect.
1069 Section 22. Effective October 1, 2009, section 328.60,
1070 Florida Statutes, is amended to read:
1071 328.60 Military personnel; registration; penalties.—Any
1072 military personnel on active duty in this state operating,
1073 using, or storing a vessel on the waters of this state that has
1074 a registration number in full force and effect which has been
1075 awarded to it pursuant to a federally approved numbering system
1076 of another state or by the United States Coast Guard in a state
1077 without a federally approved numbering system, or a federally
1078 documented vessel with a valid registration in full force and
1079 effect from another state shall not be required to register his
1080 or her vessel in this state while such certificate of
1081 registration remains valid; but, at the expiration of such
1082 registration certificate, all registration and titling shall be
1083 issued by this state. In the case of a federally documented
1084 vessel, the issuance of a title is not required by this chapter.
1085 Section 23. Effective October 1, 2009, section 328.65,
1086 Florida Statutes, is amended to read:
1087 328.65 Legislative intent with respect to registration and
1088 numbering of vessels.—It is the legislative intent that vessels
1089 be registered and numbered uniformly throughout the state. The
1090 purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
1091 328.72 is to make registration and numbering procedures similar
1092 to those of automobiles and airplanes and to provide for a
1093 vessel registration fee and certificate so as to determine the
1094 ownership of vessels which are operated, used, or stored operate
1095 on the waters of this state and to aid in the advancement of
1096 maritime safety.
1097 Section 24. Effective October 1, 2009, subsection (1) of
1098 section 328.66, Florida Statutes, is amended to read:
1099 328.66 County and municipality optional registration fee.—
1100 (1) Any county may impose an annual registration fee on
1101 vessels registered, operated, used, or stored on the waters of
1102 this state in the water within its jurisdiction. This fee shall
1103 be 50 percent of the applicable state registration fee. However,
1104 the first $1 of every registration imposed under this subsection
1105 shall be remitted to the state for deposit in the Save the
1106 Manatee Trust Fund created within the Fish and Wildlife
1107 Conservation Commission, and shall be used only for the purposes
1108 specified in s. 379.2431(4). All other moneys received from such
1109 fee shall be expended for the patrol, regulation, and
1110 maintenance of the lakes, rivers, and waters and for other
1111 boating-related activities of such municipality or county. A
1112 municipality that was imposing a registration fee before April
1113 1, 1984, may continue to levy such fee, notwithstanding the
1114 provisions of this section.
1115 Section 25. Effective October 1, 2009, subsection (13) of
1116 section 328.72, Florida Statutes, is amended to read:
1117 328.72 Classification; registration; fees and charges;
1118 surcharge; disposition of fees; fines; marine turtle stickers.—
1119 (13) EXPIRED REGISTRATION.—The operation, use, or storage
1120 on the waters of this state of a previously registered vessel
1121 after the expiration of the registration period is a noncriminal
1122 violation, as defined in s. 327.73.
1123 Section 26. Subsections (13) and (14) are added to section
1124 369.20, Florida Statutes, to read:
1125 369.20 Florida Aquatic Weed Control Act.—
1126 (13) The commission has the power to enforce this section
1127 as provided in ss. 379.501-379.504.
1128 (14) Activities that are exempt from permitting in
1129 accordance with s. 403.813(1)(r), are granted a mixing zone for
1130 turbidity for a distance not to exceed 150 meters downstream in
1131 flowing streams or 150 meters in radius in other water bodies
1132 as, measured from the cutterhead, return flow discharge, or
1133 other points of generation of turbidity.
1134 Section 27. Subsections (13) and (14) are added to section
1135 369.22, Florida Statutes, to read:
1136 369.22 Aquatic plant management.—
1137 (13) The commission has the power to enforce this section
1138 as provided in ss. 379.501-379.504.
1139 (14) Activities that are exempt from permitting in
1140 accordance with s. 403.813(1)(r), are granted a mixing zone for
1141 turbidity for a distance not to exceed 150 meters downstream in
1142 flowing streams or 150 meters in radius in other water bodies
1143 as, measured from the cutterhead, return flow discharge, or
1144 other points of generation of turbidity.
1145 Section 28. Paragraph (j) of subsection (3) of section
1146 369.25, Florida Statutes, is amended to read:
1147 369.25 Aquatic plants; definitions; permits; powers of
1148 department; penalties.—
1149 (3) The department has the following powers:
1150 (j) To enforce ss. 369.25 and 369.251 this chapter in the
1151 same manner and to the same extent as provided in s. 581.211.
1152 Section 29. Subsections (1) and (5) of section 379.304,
1153 Florida Statutes, are amended to read:
1154 379.304 Exhibition or sale of wildlife.—
1155 (1) Permits issued pursuant to s. 379.3761 this section and
1156 places where wildlife is kept or held in captivity shall be
1157 subject to inspection by officers of the commission at all
1158 times. The commission shall have the power to release or
1159 confiscate any specimens of any wildlife, specifically birds,
1160 mammals, amphibians, or reptiles, whether indigenous to the
1161 state or not, when it is found that conditions under which they
1162 are being confined are unsanitary, or unsafe to the public in
1163 any manner, or that the species of wildlife are being
1164 maltreated, mistreated, or neglected or kept in any manner
1165 contrary to the provisions of chapter 828, any such permit to
1166 the contrary notwithstanding. Before any such wildlife is
1167 confiscated or released under the authority of this section, the
1168 owner thereof shall have been advised in writing of the
1169 existence of such unsatisfactory conditions; the owner shall
1170 have been given 30 days in which to correct such conditions; the
1171 owner shall have failed to correct such conditions; the owner
1172 shall have had an opportunity for a proceeding pursuant to
1173 chapter 120; and the commission shall have ordered such
1174 confiscation or release after careful consideration of all
1175 evidence in the particular case in question. The final order of
1176 the commission shall constitute final agency action.
1177 (5) A violation of this section is punishable as provided
1178 by s. 379.4015 379.401.
1179 Section 30. Section 379.338, Florida Statutes, is amended
1180 to read:
1181 379.338 Confiscation and disposition of illegally taken
1182 wildlife, freshwater fish, and saltwater fish game.—
1183 (1) All wildlife, game and freshwater fish, and saltwater
1184 fish seized under the authority of this chapter, any other
1185 chapter, or rules of the commission shall, upon conviction of
1186 the offender or sooner in accordance with a court order if the
1187 court so orders, be forfeited to the investigating law
1188 enforcement agency. The law enforcement agency may elect to
1189 retain the wildlife, freshwater fish, or saltwater fish for the
1190 agency’s official use; transfer it to another unit of state or
1191 local government for official use; donate it to a charitable
1192 organization; sell it at public sale pursuant to s. 705.103; or
1193 destroy the wildlife, freshwater fish, or saltwater fish if none
1194 of the other options is practicable or if the wildlife,
1195 freshwater fish, or saltwater fish is unwholesome or otherwise
1196 not of appreciable value. All illegally possessed live wildlife,
1197 freshwater fish, and saltwater fish that are properly documented
1198 as evidence as provided in s. 379.3381 may be returned to the
1199 habitat unharmed. Any unclaimed wildlife, freshwater fish, or
1200 saltwater fish shall be retained by the investigating law
1201 enforcement agency and disposed of in accordance with this
1202 subsection and given to some hospital or charitable institution
1203 and receipt therefor sent to the Fish and Wildlife Conservation
1204 Commission.
1205 (2) All furs or hides or fur-bearing animals seized under
1206 the authority of this chapter shall, upon conviction of the
1207 offender, be forfeited and sent to the commission, which shall
1208 sell the same and deposit the proceeds of such sale to the
1209 credit of the State Game Trust Fund. If any such hides or furs
1210 are seized and the offender is unknown, the court shall order
1211 such hides or furs sent to the Fish and Wildlife Conservation
1212 Commission, which shall sell such hides and furs.
1213 (3) Except as otherwise provided by law, and deposit the
1214 proceeds of any such sale under this section shall be remitted
1215 to the Department of Revenue to be deposited to the credit of
1216 the State Game Trust Fund or the Marine Resources Conservation
1217 Trust Fund.
1218 (4) Any state, county, or municipal law enforcement agency
1219 that enforces or assists the commission in enforcing this
1220 chapter, which enforcement results in a forfeiture of property
1221 as provided in this section, is entitled to receive all or a
1222 share of any property based upon its participation in the
1223 enforcement.
1224 Section 31. Section 379.3381, Florida Statutes, is created
1225 to read:
1226 379.3381 Photographic evidence of illegally taken wildlife,
1227 freshwater fish, and saltwater fish.—In any prosecution for a
1228 violation of this chapter, any other chapter, or rules of the
1229 commission, a photograph of illegally taken wildlife, freshwater
1230 fish, or saltwater fish may be deemed competent evidence of such
1231 property and may be admissible in the prosecution to the same
1232 extent as if such wildlife, freshwater fish, or saltwater fish
1233 were introduced as evidence. Such photograph shall bear a
1234 written description of the wildlife, freshwater fish, or
1235 saltwater fish alleged to have been illegally taken, the name of
1236 the violator, the location where the alleged illegal taking
1237 occurred, the name of the investigating law enforcement officer,
1238 the date the photograph was taken, and the name of the
1239 photographer. Such writing shall be made under oath by the
1240 investigating law enforcement officer, and the photograph shall
1241 be identified by the signature of the photographer.
1242 Section 32. Paragraphs (n) through (q) of subsection (2) of
1243 section 379.353, Florida Statutes, are redesignated as
1244 paragraphs (m) through (p), respectively, and paragraphs (h) and
1245 (m) of subsection (2) of that section are amended to read:
1246 379.353 Recreational licenses and permits; exemptions from
1247 fees and requirements.—
1248 (2) A hunting, freshwater fishing, or saltwater fishing
1249 license or permit is not required for:
1250 (h) Any resident saltwater fishing from land or from a
1251 structure fixed to the land who has been determined eligible for
1252 the food stamp, temporary cash assistance, or Medicaid programs
1253 by the Department of Children and Family Services. A benefit
1254 issuance or program identification card issued by the Department
1255 of Children and Family Services or the Agency for Health Care
1256 Administration shall serve as proof of program eligibility. The
1257 individual must have the benefit issuance or program
1258 identification card and positive proof of identification in his
1259 or her possession when fishing.
1260 (m) Any resident fishing for a saltwater species in fresh
1261 water from land or from a structure fixed to land.
1262 Section 33. Paragraph (c) of subsection (2) of section
1263 379.3671, Florida Statutes, is amended to read:
1264 379.3671 Spiny lobster trap certificate program.—
1265 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
1266 PENALTIES.—The Fish and Wildlife Conservation Commission shall
1267 establish a trap certificate program for the spiny lobster
1268 fishery of this state and shall be responsible for its
1269 administration and enforcement as follows:
1270 (c) Prohibitions; penalties.—
1271 1. It is unlawful for a person to possess or use a spiny
1272 lobster trap in or on state waters or adjacent federal waters
1273 without having affixed thereto the trap tag required by this
1274 section. It is unlawful for a person to possess or use any other
1275 gear or device designed to attract and enclose or otherwise aid
1276 in the taking of spiny lobster by trapping that is not a trap as
1277 defined by commission rule.
1278 2. It is unlawful for a person to possess or use spiny
1279 lobster trap tags without having the necessary number of
1280 certificates on record as required by this section.
1281 3. It is unlawful for any person to willfully molest, take
1282 possession of, or remove the contents of another harvester’s
1283 spiny lobster trap without the express written consent of the
1284 trap owner available for immediate inspection. Unauthorized
1285 possession of another’s trap gear or removal of trap contents
1286 constitutes theft.
1287 a. A commercial harvester who violates this subparagraph
1288 shall be punished under ss. 379.367 and 379.407. Any commercial
1289 harvester receiving a judicial disposition other than dismissal
1290 or acquittal on a charge of theft of or from a trap pursuant to
1291 this subparagraph or s. 379.402 shall, in addition to the
1292 penalties specified in ss. 379.367 and 379.407 and the
1293 provisions of this section, permanently lose all his or her
1294 saltwater fishing privileges, including his or her saltwater
1295 products license, spiny lobster endorsement, and all trap
1296 certificates allotted to him or her through this program. In
1297 such cases, trap certificates and endorsements are
1298 nontransferable.
1299 b. Any commercial harvester receiving a judicial
1300 disposition other than dismissal or acquittal on a charge of
1301 willful molestation of a trap, in addition to the penalties
1302 specified in ss. 379.367 and 379.407, shall lose all saltwater
1303 fishing privileges for a period of 24 calendar months.
1304 c. In addition, any commercial harvester charged with
1305 violating this subparagraph and receiving a judicial disposition
1306 other than dismissal or acquittal for violating this
1307 subparagraph or s. 379.402 shall also be assessed an
1308 administrative penalty of up to $5,000.
1309
1310 Immediately upon receiving a citation for a violation involving
1311 theft of or from a trap, or molestation of a trap, and until
1312 adjudicated for such a violation or, upon receipt of a judicial
1313 disposition other than dismissal or acquittal of such a
1314 violation, the commercial harvester committing the violation is
1315 prohibited from transferring any spiny lobster trap certificates
1316 and endorsements.
1317 4. In addition to any other penalties provided in s.
1318 379.407, a commercial harvester who violates the provisions of
1319 this section or commission rules relating to spiny lobster traps
1320 shall be punished as follows:
1321 a. If the first violation is for violation of subparagraph
1322 1. or subparagraph 2., the commission shall assess an additional
1323 administrative penalty of up to $1,000. For all other first
1324 violations, the commission shall assess an additional
1325 administrative penalty of up to $500.
1326 b. For a second violation of subparagraph 1. or
1327 subparagraph 2. which occurs within 24 months of any previous
1328 such violation, the commission shall assess an additional
1329 administrative penalty of up to $2,000 and the spiny lobster
1330 endorsement issued under s. 379.367(2) or (6) may be suspended
1331 for the remainder of the current license year.
1332 c. For a third or subsequent violation of subparagraph 1.,
1333 subparagraph 2., or subparagraph 3. which occurs within 36
1334 months of any previous two such violations, the commission shall
1335 assess an additional administrative penalty of up to $5,000 and
1336 may suspend the spiny lobster endorsement issued under s.
1337 379.367(2) or (6) for a period of up to 24 months or may revoke
1338 the spiny lobster endorsement and, if revoking the spiny lobster
1339 endorsement, may also proceed against the licenseholder’s
1340 saltwater products license in accordance with the provisions of
1341 s. 379.407(2)(h).
1342 d. Any person assessed an additional administrative penalty
1343 pursuant to this section shall within 30 calendar days after
1344 notification:
1345 (I) Pay the administrative penalty to the commission; or
1346 (II) Request an administrative hearing pursuant to the
1347 provisions of ss. 120.569 and 120.57.
1348 e. The commission shall suspend the spiny lobster
1349 endorsement issued under s. 379.367(2) or (6) for any person
1350 failing to comply with the provisions of sub-subparagraph d.
1351 5.a. It is unlawful for any person to make, alter, forge,
1352 counterfeit, or reproduce a spiny lobster trap tag or
1353 certificate.
1354 b. It is unlawful for any person to knowingly have in his
1355 or her possession a forged, counterfeit, or imitation spiny
1356 lobster trap tag or certificate.
1357 c. It is unlawful for any person to barter, trade, sell,
1358 supply, agree to supply, aid in supplying, or give away a spiny
1359 lobster trap tag or certificate or to conspire to barter, trade,
1360 sell, supply, aid in supplying, or give away a spiny lobster
1361 trap tag or certificate unless such action is duly authorized by
1362 the commission as provided in this chapter or in the rules of
1363 the commission.
1364 6.a. Any commercial harvester who violates the provisions
1365 of subparagraph 5., or any commercial harvester who engages in
1366 the commercial harvest, trapping, or possession of spiny lobster
1367 without a spiny lobster endorsement as required by s. 379.367(2)
1368 or (6) or during any period while such spiny lobster endorsement
1369 is under suspension or revocation, commits a felony of the third
1370 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1371 775.084.
1372 b. In addition to any penalty imposed pursuant to sub
1373 subparagraph a., the commission shall levy a fine of up to twice
1374 the amount of the appropriate surcharge to be paid on the fair
1375 market value of the transferred certificates, as provided in
1376 subparagraph (a)1., on any commercial harvester who violates the
1377 provisions of sub-subparagraph 5.c.
1378 c. In addition to any penalty imposed pursuant to sub
1379 subparagraph a., any commercial harvester receiving any judicial
1380 disposition other than acquittal or dismissal for a violation of
1381 subparagraph 5. shall be assessed an administrative penalty of
1382 up to $5,000, and the spiny lobster endorsement under which the
1383 violation was committed may be suspended for up to 24 calendar
1384 months. Immediately upon issuance of a citation involving a
1385 violation of subparagraph 5. and until adjudication of such a
1386 violation, and after receipt of any judicial disposition other
1387 than acquittal or dismissal for such a violation, the commercial
1388 harvester holding the spiny lobster endorsement listed on the
1389 citation is prohibited from transferring any spiny lobster trap
1390 certificates.
1391 d. Any other person who violates the provisions of
1392 subparagraph 5. commits a Level Four violation under s. 379.401.
1393 7. Prior to the 2010-2011 license year, any certificates
1394 for which the annual certificate fee is not paid for a period of
1395 3 years shall be considered abandoned and shall revert to the
1396 commission. Beginning with the 2010-2011 license year, any
1397 certificate for which the annual certificate fee is not paid for
1398 a period of 2 consecutive years shall be considered abandoned
1399 and shall revert to the commission. During any period of trap
1400 reduction, any certificates reverting to the commission shall
1401 become permanently unavailable and be considered in that amount
1402 to be reduced during the next license-year period. Otherwise,
1403 any certificates that revert to the commission are to be
1404 reallotted in such manner as provided by the commission.
1405 8. The proceeds of all administrative penalties collected
1406 pursuant to subparagraph 4. and all fines collected pursuant to
1407 sub-subparagraph 6.b. shall be deposited into the Marine
1408 Resources Conservation Trust Fund.
1409 9. All traps shall be removed from the water during any
1410 period of suspension or revocation.
1411 10. Except as otherwise provided, any person who violates
1412 this paragraph commits a Level Two violation under s. 379.401.
1413 Section 34. Paragraphs (c), (d), and (e) of subsection (2)
1414 of section 379.3751, Florida Statutes, are amended to read:
1415 379.3751 Taking and possession of alligators; trapping
1416 licenses; fees.—
1417 (2) The license and issuance fee, and the activity
1418 authorized thereby, shall be as follows:
1419 (c) The annual fee for issuance of an alligator trapping
1420 agent’s license, which permits a person to act as an agent of
1421 any person who has been issued a resident or nonresident
1422 alligator trapping license as provided in paragraph (a) or
1423 paragraph (b) and to take alligators occurring in the wild other
1424 than alligator hatchlings, and to possess and process alligators
1425 taken under authority of such agency relationship, and to
1426 possess, process, and sell their hides and meat, shall be $50.
1427 Such alligator trapping agent’s license shall be issued only in
1428 conjunction with an alligator trapping license and shall bear on
1429 its face in indelible ink the name and license number of the
1430 alligator trapping licenseholder for whom the holder of this
1431 license is acting as an agent.
1432 (d) The annual fee for issuance of an alligator farming
1433 license, which permits a person to operate a facility for
1434 captive propagation of alligators, to possess alligators for
1435 captive propagation, to take alligator hatchlings and alligator
1436 eggs occurring in the wild, to rear such alligators, alligator
1437 hatchlings, and alligator eggs in captivity, to process
1438 alligators taken or possessed under authority of such alligator
1439 farming license or otherwise legally acquired, and to possess,
1440 process, and sell their hides and meat, shall be $250.
1441 (e) The annual fee for issuance of an alligator farming
1442 agent’s license, which permits a person to act as an agent of
1443 any person who has been issued an alligator farming license as
1444 provided in paragraph (d) and to take alligator hatchlings and
1445 alligator eggs occurring in the wild, and to possess and process
1446 alligators taken under authority of such agency relationship,
1447 and to possess, process, and sell their hides and meat, shall be
1448 $50. Such license shall be issued only in conjunction with an
1449 alligator farming license, and shall bear on its face in
1450 indelible ink the name and license number of the alligator
1451 farming licenseholder for whom the holder of this license is
1452 acting as an agent.
1453 Section 35. Subsection (6) is added to section 379.3761,
1454 Florida Statutes, to read:
1455 379.3761 Exhibition or sale of wildlife; fees;
1456 classifications.—
1457 (6) A person who violates this section is punishable as
1458 provided in s. 379.4015.
1459 Section 36. Subsection (5) of section 379.3762, Florida
1460 Statutes, is amended to read:
1461 379.3762 Personal possession of wildlife.—
1462 (5) A person who violates Persons in violation of this
1463 section is shall be punishable as provided in s. 379.4015
1464 379.401.
1465 Section 37. Paragraph (a) of subsection (2) and paragraph
1466 (a) of subsection (4) of section 379.401, Florida Statutes, are
1467 amended to read:
1468 379.401 Penalties and violations; civil penalties for
1469 noncriminal infractions; criminal penalties; suspension and
1470 forfeiture of licenses and permits.—
1471 (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
1472 violation if he or she violates any of the following provisions:
1473 1. Rules or orders of the commission relating to seasons or
1474 time periods for the taking of wildlife, freshwater fish, or
1475 saltwater fish.
1476 2. Rules or orders of the commission establishing bag,
1477 possession, or size limits or restricting methods of taking
1478 wildlife, freshwater fish, or saltwater fish.
1479 3. Rules or orders of the commission prohibiting access or
1480 otherwise relating to access to wildlife management areas or
1481 other areas managed by the commission.
1482 4. Rules or orders of the commission relating to the
1483 feeding of wildlife, freshwater fish, or saltwater fish.
1484 5. Rules or orders of the commission relating to landing
1485 requirements for freshwater fish or saltwater fish.
1486 6. Rules or orders of the commission relating to restricted
1487 hunting areas, critical wildlife areas, or bird sanctuaries.
1488 7. Rules or orders of the commission relating to tagging
1489 requirements for wildlife game and fur-bearing animals.
1490 8. Rules or orders of the commission relating to the use of
1491 dogs for the taking of wildlife game.
1492 9. Rules or orders of the commission which are not
1493 otherwise classified.
1494 10. Rules or orders of the commission prohibiting the
1495 unlawful use of finfish traps.
1496 11. All prohibitions in this chapter which are not
1497 otherwise classified.
1498 12. Section 379.33, prohibiting the violation of or
1499 noncompliance with commission rules.
1500 13. Section 379.407(6), prohibiting the sale, purchase,
1501 harvest, or attempted harvest of any saltwater product with
1502 intent to sell.
1503 14. Section 379.2421, prohibiting the obstruction of
1504 waterways with net gear.
1505 15. Section 379.413, prohibiting the unlawful taking of
1506 bonefish.
1507 16. Section 379.365(2)(a) and (b), prohibiting the
1508 possession or use of stone crab traps without trap tags and
1509 theft of trap contents or gear.
1510 17. Section 379.366(4)(b), prohibiting the theft of blue
1511 crab trap contents or trap gear.
1512 18. Section 379.3671(2)(c), prohibiting the possession or
1513 use of spiny lobster traps without trap tags or certificates and
1514 theft of trap contents or trap gear.
1515 19. Section 379.357, prohibiting the possession of tarpon
1516 without purchasing a tarpon tag.
1517 20. Rules or orders of the commission Section 379.409,
1518 prohibiting the feeding or enticement of alligators or
1519 crocodiles.
1520 21. Section 379.105, prohibiting the intentional harassment
1521 of hunters, fishers, or trappers.
1522 (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
1523 violation if he or she violates any of the following provisions:
1524 1. Section 379.365(2)(c), prohibiting criminal activities
1525 relating to the taking of stone crabs.
1526 2. Section 379.366(4)(c), prohibiting criminal activities
1527 relating to the taking and harvesting of blue crabs.
1528 3. Section 379.367(4), prohibiting the willful molestation
1529 of spiny lobster gear.
1530 4. Section 379.3671(2)(c)5., prohibiting the unlawful
1531 reproduction, possession, sale, trade, or barter of spiny
1532 lobster trap tags or certificates.
1533 5. Section 379.354(16), prohibiting the making, forging,
1534 counterfeiting, or reproduction of a recreational license or
1535 possession of same without authorization from the commission.
1536 6. Section 379.404(5), prohibiting the sale of illegally
1537 taken deer or wild turkey.
1538 7. Section 379.405, prohibiting the molestation or theft of
1539 freshwater fishing gear.
1540 8. Section 379.409, prohibiting the unlawful killing,
1541 injuring, possessing, or capturing of alligators or other
1542 crocodilia or their eggs.
1543 Section 38. Paragraph (a) of subsection (2) of section
1544 379.4015, Florida Statutes, is amended to read:
1545 379.4015 Captive wildlife penalties.—
1546 (2) LEVEL TWO.—Unless otherwise provided by law, the
1547 following classifications and penalties apply:
1548 (a) A person commits a Level Two violation if he or she
1549 violates any of the following provisions:
1550 1. Unless otherwise stated in subsection (1), rules or
1551 orders of the commission that require a person to pay a fee to
1552 obtain a permit to possess captive wildlife or that require the
1553 maintenance of records relating to captive wildlife.
1554 2. Rules or orders of the commission relating to captive
1555 wildlife not specified in subsection (1) or subsection (3).
1556 3. Rules or orders of the commission that require housing
1557 of wildlife in a safe manner when a violation results in an
1558 escape of wildlife other than Class I wildlife.
1559 4. Section 379.372, relating to capturing, keeping,
1560 possessing, transporting, or exhibiting venomous reptiles or
1561 reptiles of concern.
1562 5. Section 379.373, relating to requiring a license or
1563 permit for the capturing, keeping, possessing, or exhibiting of
1564 venomous reptiles or reptiles of concern.
1565 6. Section 379.374, relating to bonding requirements for
1566 public exhibits of venomous reptiles.
1567 7. Section 379.305, relating to commission rules and
1568 regulations to prevent the escape of venomous reptiles or
1569 reptiles of concern.
1570 8. Section 379.304, relating to exhibition or sale of
1571 wildlife.
1572 9. Section 379.3761, relating to exhibition or sale of
1573 wildlife.
1574 10. Section 379.3762, relating to personal possession of
1575 wildlife.
1576 Section 39. The Fish and Wildlife Conservation Commission,
1577 in consultation with the Department of Environmental Protection,
1578 is directed to establish a pilot program in at least one but not
1579 more than five locations to explore potential options for
1580 regulating the anchoring or mooring of non-live-aboard vessels
1581 outside the marked boundaries of public mooring fields.
1582 (1) The goals of the pilot program are to encourage the
1583 establishment of additional public mooring fields and to develop
1584 and test policies and regulatory regimes that:
1585 (a) Promote the establishment and use of public mooring
1586 fields.
1587 (b) Promote public access to the waters of this state.
1588 (c) Enhance navigational safety.
1589 (d) Protect maritime infrastructure.
1590 (e) Protect the marine environment.
1591 (f) Deter improperly stored, abandoned, or derelict
1592 vessels.
1593 (2) Each location selected for inclusion in the pilot
1594 program must be associated with a properly permitted mooring
1595 field. The commission, in consultation with the department,
1596 shall select all locations for the pilot program prior to July
1597 1, 2011. If more than one location is selected, the selections
1598 must be geographically diverse and take into consideration the
1599 various users and means of using the waters of this state.
1600 (3) Notwithstanding the provisions of s. 327.60, Florida
1601 Statutes, a county or municipality selected for participation in
1602 the pilot program may regulate by ordinance the anchoring of
1603 vessels, other than live-aboard vessels as defined in s. 327.02,
1604 Florida Statutes, outside of a mooring field. Any ordinance
1605 enacted under the pilot program shall take effect and become
1606 enforceable only after approval by the commission. The
1607 commission shall not approve any ordinance not consistent with
1608 the goals of the pilot program.
1609 (4) The commission shall:
1610 (a) Provide consultation and technical assistance to each
1611 municipality or county selected for participation in the pilot
1612 program to facilitate accomplishment of the pilot program’s
1613 goals.
1614 (b) Coordinate the review of any proposed ordinance with
1615 the department; the Coast Guard; the Florida Inland Navigation
1616 District or the West Coast Inland Navigation District, as
1617 appropriate; and associations or other organizations
1618 representing vessel owners or operators.
1619 (c) Monitor and evaluate at least annually each location
1620 selected for participation in the pilot program and make such
1621 modifications as may be necessary to accomplish the pilot
1622 program’s goals.
1623 (5) The commission shall submit a report of its findings
1624 and recommendations to the Governor, the President of the
1625 Senate, and the Speaker of the House of Representatives by
1626 January 1, 2014.
1627 (6) The pilot program shall expire on July 1, 2014, unless
1628 reenacted by the Legislature. All ordinances enacted under this
1629 section shall expire concurrently with the expiration of the
1630 pilot program and shall be inoperative and unenforceable
1631 thereafter.
1632 Section 40. Section 379.501, Florida Statutes, is created
1633 to read:
1634 379.501 Aquatic weeds or plants; prohibitions, violation,
1635 penalty, intent.—
1636 (1) A person may not:
1637 (a) Violate this section or any provision of s. 369.20 or
1638 s. 369.22 related to aquatic weeds or plants;
1639 (b) Fail to obtain any permit required by s. 369.20 or s.
1640 369.22 or by commission rule implementing s. 369.20 or s.
1641 369.22, or violate or fail to comply with any rule, regulation,
1642 order, permit, or certification adopted or issued by the
1643 commission pursuant to s. 369.20 or s. 369.22; or
1644 (c) Knowingly make any false statement, representation, or
1645 certification in any application, record, report, plan, or other
1646 document filed or required to be maintained under s. 369.20 or
1647 s. 369.22, or to falsify, tamper with, or knowingly render
1648 inaccurate any monitoring device or method required to be
1649 maintained under s. 369.20 or s. 369.22 or by any permit, rule,
1650 regulation, or order issued under s. 369.20 or s. 369.22.
1651 (2) Any person who violates any provision specified in
1652 subsection (1) is liable to the state for any damage caused to
1653 the aquatic weeds or plants and for civil penalties as provided
1654 in s. 379.502.
1655 (3) Any person who willfully commits a violation of
1656 paragraph (1)(a) commits a felony of the third degree,
1657 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1658 Each day during any portion of which such violation occurs
1659 constitutes a separate offense.
1660 (4) Any person who commits a violation specified in
1661 paragraph (1)(a) due to reckless indifference or gross careless
1662 disregard commits a misdemeanor of the second degree, punishable
1663 as provided in s. 775.082 or s. 775.083.
1664 (5) Any person who willfully commits a violation specified
1665 in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
1666 the first degree, punishable as provided in s. 775.082 or s.
1667 775.083.
1668 (6) It is the intent of the Legislature that the civil
1669 penalties and criminal fines imposed by a court be of such an
1670 amount as to ensure immediate and continued compliance with this
1671 section.
1672 (7) Penalties assessed pursuant to ss. 379.501-379.504 are
1673 in addition to any penalties assessed by the Board of Trustees
1674 of the Internal Improvement Trust Fund, the Department of
1675 Environmental Protection, or a water management district
1676 pursuant to chapter 253, chapter 373, or chapter 403.
1677 Section 41. Section 379.502, Florida Statutes, is created
1678 to read:
1679 379.502 Enforcement; procedure; remedies.—The commission
1680 has the following judicial and administrative remedies available
1681 to it for violations of s. 379.501.
1682 (1)(a) The commission may institute a civil action in a
1683 court of competent jurisdiction to establish liability and to
1684 recover damages for any injury to the waters or property of the
1685 state, including animal, plant, and aquatic life, caused by any
1686 violation of s. 379.501.
1687 (b) The commission may institute a civil action in a court
1688 of competent jurisdiction to impose and to recover a civil
1689 penalty for each violation in an amount of not more than $10,000
1690 per offense. However, the court may receive evidence in
1691 mitigation. Each day, during any portion of which such violation
1692 occurs, constitutes a separate offense.
1693 (c) Except as provided in paragraph (2)(c), the fact that
1694 the commission has failed to exhaust its administrative
1695 remedies, has failed to serve a notice of violation, or has
1696 failed to hold an administrative hearing before initiating a
1697 civil action is not a defense to, or grounds for dismissal of,
1698 the judicial remedies for damages and civil penalties.
1699 (2)(a) The commission may institute an administrative
1700 proceeding to establish liability and to recover damages for any
1701 injury to the waters or property of the state, including animal,
1702 plant, or aquatic life, caused by any violation of s. 379.501.
1703 The commission may order that the violator pay a specified sum
1704 as damages to the state. Judgment for the amount of damages
1705 determined by the commission may be entered in any court having
1706 jurisdiction thereof and may be enforced as any other judgment.
1707 (b) If the commission has reason to believe that a
1708 violation has occurred, it may institute an administrative
1709 proceeding to order the prevention, abatement, or control of the
1710 conditions creating the violation or other appropriate
1711 corrective action. The commission shall proceed administratively
1712 in all cases in which the commission seeks administrative
1713 penalties that do not exceed $10,000 per assessment as
1714 calculated in accordance with subsections (3), (4), (5), and
1715 (6). The commission may not impose administrative penalties in
1716 excess of $10,000 in a notice of violation. The commission may
1717 not have more than one notice of violation seeking
1718 administrative penalties pending against the same party at the
1719 same time unless the violations occurred at a different site or
1720 the violations were discovered by the commission subsequent to
1721 the filing of a previous notice of violation.
1722 (c) An administrative proceeding shall be instituted by the
1723 commission’s serving of a written notice of violation upon the
1724 alleged violator by certified mail. If the commission is unable
1725 to effect service by certified mail, the notice of violation may
1726 be hand delivered or personally served in accordance with
1727 chapter 48. The notice shall specify the provision of the law,
1728 rule, regulation, permit, certification, or order of the
1729 commission alleged to have been violated and the facts alleged
1730 to constitute a violation thereof. An order for corrective
1731 action, penalty assessment, or damages may be included along
1732 with the notice. If the commission is seeking to impose an
1733 administrative penalty for any violation of s. 379.501 by
1734 issuing a notice of violation, any corrective action needed to
1735 correct the violation or damages caused by the violation must be
1736 pursued in the notice of violation or they are waived. However,
1737 an order does not become effective until after service and an
1738 administrative hearing, if requested within 20 days after
1739 service. Failure to request an administrative hearing within
1740 this period constitutes a waiver, unless the respondent files a
1741 written notice with the commission within this period opting out
1742 of the administrative process initiated by the commission. Any
1743 respondent choosing to opt out of the administrative process
1744 initiated by the commission must file a written notice with the
1745 commission within 20 days after service of the notice of
1746 violation opting out of the administrative process. A
1747 respondent’s decision to opt out of the administrative process
1748 does not preclude the commission from initiating a state court
1749 action seeking injunctive relief, damages, and the judicial
1750 imposition of civil penalties.
1751 (d) If a person timely files a petition challenging a
1752 notice of violation, that person will thereafter be referred to
1753 as the respondent. The hearing requested by the respondent shall
1754 be held within 180 days after the commission has referred the
1755 initial petition to the Division of Administrative Hearings
1756 unless the parties agree to a later date. The commission has the
1757 burden of proving by the preponderance of the evidence that the
1758 respondent is responsible for the violation. An administrative
1759 penalty may not be imposed unless the commission satisfies that
1760 burden. Following the close of the hearing, the administrative
1761 law judge shall issue a final order on all matters, including
1762 the imposition of an administrative penalty. If the commission
1763 seeks to enforce that portion of a final order imposing
1764 administrative penalties pursuant to s. 120.69, the respondent
1765 may not assert as a defense the inappropriateness of the
1766 administrative remedy. The commission retains its final-order
1767 authority in all administrative actions that do not request the
1768 imposition of administrative penalties.
1769 (e) After filing a petition requesting a formal hearing in
1770 response to a notice of violation, a respondent may request that
1771 a private mediator be appointed to mediate the dispute by
1772 contacting the Florida Conflict Resolution Consortium within 10
1773 days after receipt of the initial order from the administrative
1774 law judge. The Florida Conflict Resolution Consortium shall pay
1775 all of the costs of the mediator and for up to 8 hours of the
1776 mediator’s time per case at $150 per hour. Upon notice from the
1777 respondent, the Florida Conflict Resolution Consortium shall
1778 provide the respondent with a panel of possible mediators from
1779 the area in which the hearing on the petition would be heard.
1780 The respondent shall select the mediator and notify the Florida
1781 Conflict Resolution Consortium of the selection within 15 days
1782 after receipt of the proposed panel of mediators. The Florida
1783 Conflict Resolution Consortium shall provide all of the
1784 administrative support for the mediation process. The mediation
1785 must be completed at least 15 days before the final hearing date
1786 set by the administrative law judge.
1787 (f) In any administrative proceeding brought by the
1788 commission, the prevailing party shall recover all costs as
1789 provided in ss. 57.041 and 57.071. The costs must be included in
1790 the final order. The respondent is the prevailing party when an
1791 order is entered awarding no penalties to the commission and the
1792 order has not been reversed on appeal or the time for seeking
1793 judicial review has expired. The respondent is entitled to an
1794 award of attorney’s fees if the administrative law judge
1795 determines that the notice of violation issued by the commission
1796 was not substantially justified as defined in s. 57.111(3)(e).
1797 An award of attorney’s fees as provided by this subsection may
1798 not exceed $15,000.
1799 (g) This section does not prevent any other legal or
1800 administrative action in accordance with law. This subsection
1801 does not limit the commission’s authority set forth in this
1802 section and ss. 379.503 and 379.504 to judicially pursue
1803 injunctive relief. If the commission exercises its authority to
1804 judicially pursue injunctive relief, penalties in any amount up
1805 to the statutory maximum sought by the commission must be
1806 pursued as part of the state court action and not by initiating
1807 a separate administrative proceeding. The commission retains the
1808 authority to judicially pursue penalties in excess of $10,000
1809 for violations not specifically included in the administrative
1810 penalty schedule, or for multiple or multiday violations alleged
1811 to exceed a total of $10,000. The commission also retains the
1812 authority provided in this section and ss. 379.503 and 379.504
1813 to judicially pursue injunctive relief and damages, if a notice
1814 of violation seeking the imposition of administrative penalties
1815 has not been issued. The commission may enter into a settlement
1816 before or after initiating a notice of violation, and the
1817 settlement may include a penalty amount that is different from
1818 the administrative penalty schedule. Any case filed in state
1819 court because it is alleged to exceed a total of $10,000 in
1820 penalties may be settled in the court action for less than
1821 $10,000.
1822 (h) Chapter 120 does apply to any administrative action
1823 taken by the commission under this section or any delegated
1824 program pursuing administrative penalties in accordance with
1825 this section.
1826 (3) Administrative penalties must be calculated according
1827 to the following schedule:
1828 (a) For violations of s. 379.501(1)(a) or (b), $3,000.
1829 (b) For failure to conduct required monitoring or testing
1830 in compliance with a permit, $2,000.
1831 (c) For failure to prepare, submit, maintain, or use
1832 required reports or other required documentation, $500.
1833 (d) For failure to comply with any other regulatory statute
1834 or rule requirement relating to the administration of the
1835 commission’s powers under s. 369.20 or s. 369.22 not otherwise
1836 identified in this section, $500.
1837 (4) For each additional day during which a violation
1838 occurs, the administrative penalties in subsection (3) may be
1839 assessed per day, per violation.
1840 (5) The history of noncompliance of the violator for any
1841 previous violation resulting in an executed consent order, but
1842 not including a consent order entered into without a finding of
1843 violation, or resulting in a final order or judgment on or after
1844 July 1, 2009, involving the imposition of $2,000 or more in
1845 penalties, shall be taken into consideration in the following
1846 manner:
1847 (a) One previous such violation within 5 years prior to the
1848 filing of the notice of violation shall result in a 25 percent
1849 per day increase in the scheduled administrative penalty.
1850 (b) Two previous such violations within 5 years prior to
1851 the filing of the notice of violation shall result in a 50
1852 percent per day increase in the scheduled administrative
1853 penalty.
1854 (c) Three or more previous such violations within 5 years
1855 before the filing of the notice of violation shall result in a
1856 100 percent per day increase in the scheduled administrative
1857 penalty.
1858 (6) The direct economic benefit gained by the violator from
1859 the violation shall be added to the scheduled administrative
1860 penalty. The total administrative penalty, including any
1861 economic benefit added to the scheduled administrative penalty,
1862 may not exceed $10,000.
1863 (7) The administrative penalties assessed for any
1864 particular violation may not exceed $3,000 against any one
1865 violator, unless the violator has a history of noncompliance,
1866 the economic benefit of the violation as described in subsection
1867 (6) exceeds $3,000, or there are multiday violations. The total
1868 administrative penalties may not exceed $10,000 per assessment
1869 for all violations attributable to a specific person in the
1870 notice of violation.
1871 (8) The administrative law judge may receive evidence in
1872 mitigation. The penalties identified in subsection (3) may be
1873 reduced up to 50 percent by the administrative law judge for
1874 mitigating circumstances, including good faith efforts to comply
1875 prior to or after discovery of the violations by the commission.
1876 Upon an affirmative finding that the violation was caused by
1877 circumstances beyond the reasonable control of the respondent
1878 and could not have been prevented by the respondent’s due
1879 diligence, the administrative law judge may further reduce the
1880 penalty.
1881 (9) Penalties collected under this section shall be
1882 deposited into the Invasive Plant Control Trust Fund to carry
1883 out the purposes set forth in ss. 369.20, 369.22, and 369.252.
1884 The Florida Conflict Resolution Consortium may use a portion of
1885 the fund to administer the mediation process provided in
1886 paragraph (2)(e) and to contract with private mediators for
1887 administrative penalty cases related to s. 369.20 or s. 369.22.
1888 (10) The purpose of the administrative penalty schedule and
1889 process is to provide a more predictable and efficient manner
1890 for individuals and businesses to resolve relatively minor
1891 environmental disputes. Subsections (3) through (7) do not limit
1892 a state court in the assessment of damages. The administrative
1893 penalty schedule does not apply to the judicial imposition of
1894 civil penalties in state court as provided in this section.
1895 Section 42. Section 379.503, Florida Statutes, is created
1896 to read:
1897 379.503 Civil action.—
1898 (1) The commission may institute a civil action in a court
1899 of competent jurisdiction to seek injunctive relief to enforce
1900 compliance with ss. 379.501, 379.502, and 379.504 or any rule,
1901 regulation, permit, certification, or order adopted or issued by
1902 the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
1903 violation specified in s. 379.501(1); and to seek injunctive
1904 relief to prevent irreparable injury to the waters and property,
1905 including animal, plant, and aquatic life, of the state and to
1906 protect human health, safety, and welfare caused or threatened
1907 by any violation of s. 379.501.
1908 (2) All the judicial and administrative remedies to recover
1909 damages and penalties in this section and s. 379.502 are
1910 alternative and mutually exclusive.
1911 Section 43. Section 379.504, Florida Statutes, is created
1912 to read:
1913 379.504 Civil liability; joint and several liability.—
1914 (1) Whoever commits a violation specified in s. 379.501(1)
1915 is liable to the state for any damage caused to the waters or
1916 property of the state, including animal, plant, or aquatic life,
1917 and for reasonable costs and expenses of the state in restoring
1918 its waters and property, including animal, plant, and aquatic
1919 life, to their former condition, and furthermore is subject to
1920 the judicial imposition of a civil penalty for each offense in
1921 an amount of not more than $10,000 per offense. However, the
1922 court may receive evidence in mitigation. Each day during any
1923 portion of which such violation occurs constitutes a separate
1924 offense. This section does not give the commission the right to
1925 bring an action on behalf of any private person.
1926 (2) If two or more persons violate s. 379.501 so that the
1927 damage is indivisible, each violator shall be jointly and
1928 severally liable for the damage and for the reasonable cost and
1929 expenses of the state incurred in restoring the waters and
1930 property of the state, including the animal, plant, and aquatic
1931 life, to their former condition. However, if the damage is
1932 divisible and may be attributed to a particular violator or
1933 violators, each violator is liable only for that damage
1934 attributable to his or her violation.
1935 (3) In assessing damages for fish killed, the value of the
1936 fish shall be determined in accordance with a table of values
1937 for individual categories of fish, which shall be adopted by the
1938 Department of Environmental Protection pursuant to s.
1939 403.141(3). The total number of fish killed may be estimated by
1940 standard practices used in estimating fish population.
1941 Section 44. Subsection (1) of section 403.088, Florida
1942 Statutes, is amended to read:
1943 403.088 Water pollution operation permits; conditions.—
1944 (1) No person, without written authorization of the
1945 department, shall discharge into waters within the state any
1946 waste which, by itself or in combination with the wastes of
1947 other sources, reduces the quality of the receiving waters below
1948 the classification established for them. However, this section
1949 shall not be deemed to prohibit the application of pesticides to
1950 waters in the state for the control of insects, aquatic weeds,
1951 or algae, provided the application is performed pursuant to a
1952 program approved by the Department of Health, in the case of
1953 insect control, or the Fish and Wildlife Conservation Commission
1954 department, in the case of aquatic weed or algae control. The
1955 department is directed to enter into interagency agreements to
1956 establish the procedures for program approval. Such agreements
1957 shall provide for public health, welfare, and safety, as well as
1958 environmental factors. Approved programs must provide that only
1959 chemicals approved for the particular use by the United States
1960 Environmental Protection Agency or by the Department of
1961 Agriculture and Consumer Services may be employed and that they
1962 be applied in accordance with registered label instructions,
1963 state standards for such application, and the provisions of the
1964 Florida Pesticide Law, part I of chapter 487.
1965 Section 45. The statutory powers, duties, and functions
1966 related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
1967 which were transferred by chapter 2008-150, Laws of Florida, and
1968 all records, personnel, and property; unexpended balances of
1969 appropriations, allocations, and other funds; administrative
1970 authority; administrative rules; pending issues; and existing
1971 contracts of the Bureau of Invasive Plant Management in the
1972 Department of Environmental Protection are transferred by a type
1973 two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
1974 Fish and Wildlife Conservation Commission. All actions taken
1975 pursuant to chapter 2008-150, Laws of Florida, and the
1976 Interagency Agreement executed thereto are ratified.
1977 Section 46. The Invasive Plant Control Trust Fund, FLAIR
1978 number 37-2-030, in the Department of Environmental Protection
1979 is transferred to the Fish and Wildlife Conservation Commission,
1980 FLAIR number 77-2-030.
1981 Section 47. For the purpose of incorporating the amendment
1982 made by this act to section 319.32, Florida Statutes, in a
1983 reference thereto, paragraph (a) of subsection (2) of section
1984 379.209, Florida Statutes, is reenacted to read:
1985 379.209 Nongame Wildlife Trust Fund.—
1986 (2)(a) There is established within the Fish and Wildlife
1987 Conservation Commission the Nongame Wildlife Trust Fund. The
1988 fund shall be credited with moneys collected pursuant to ss.
1989 319.32(3) and 320.02(8). Additional funds may be provided from
1990 legislative appropriations and by donations from interested
1991 individuals and organizations. The commission shall designate an
1992 identifiable unit to administer the trust fund.
1993 Section 48. For the purpose of incorporating the amendment
1994 made by this act to section 379.353, Florida Statutes, in a
1995 reference thereto, subsection (7) of section 379.3581, Florida
1996 Statutes, is reenacted to read:
1997 379.3581 Hunter safety course; requirements; penalty.—
1998 (7) The hunter safety requirements of this section do not
1999 apply to persons for whom licenses are not required under s.
2000 379.353(2).
2001 Section 49. The sum of $185,000 is appropriated to the Fish
2002 and Wildlife Conservation Commission from the State Game Trust
2003 Fund on a recurring basis beginning in the 2009-2010 fiscal year
2004 for license issuance costs associated with section 31.
2005 Section 50. Effective October 1, 2009, section 327.22,
2006 Florida Statutes, is repealed.
2007 Section 51. Subsection (7) of section 379.366, Florida
2008 Statutes, is repealed.
2009 Section 52. Except as otherwise expressly provided in this
2010 act, this act shall take effect July 1, 2009.