Florida Senate - 2009                      CS for CS for SB 2536
       
       
       
       By the Committees on Judiciary; and Environmental Preservation
       and Conservation; and Senator Constantine
       
       
       
       590-04430A-09                                         20092536c2
    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. 327.02,
   15         F.S.; amending the definition of the term “live-aboard
   16         vessel”; amending s. 327.35, F.S.; revising penalties
   17         for boating under the influence of alcohol; revising
   18         the blood-alcohol level or breath-alcohol level at
   19         which certain penalties apply; amending s. 327.36,
   20         F.S.; revising a prohibition against accepting a plea
   21         to a lesser included offense from a person who is
   22         charged with certain offenses involving the operation
   23         of a vessel; revising the blood-alcohol level or
   24         breath-alcohol level at which the prohibition applies;
   25         amending s. 327.395, F.S.; revising certain age
   26         limitations on the operation of a vessel powered by a
   27         10-horsepower motor or greater; amending s. 327.40,
   28         F.S.; revising provisions for placement of navigation,
   29         safety, and informational markers of waterways;
   30         providing for uniform waterway markers; removing an
   31         exemption from permit requirements for certain markers
   32         placed by county, municipal, or other government
   33         entities; amending s. 327.41, F.S., relating to
   34         placement of markers by a county or municipality;
   35         revising terminology; providing for a county or
   36         municipality that has adopted a boating-restricted
   37         area by ordinance under specified provisions to apply
   38         for permission to place regulatory markers; amending
   39         s. 327.42, F.S.; revising provisions prohibiting
   40         mooring to or damaging markers or buoys; amending s.
   41         327.46, F.S.; revising provisions for establishment by
   42         the Fish and Wildlife Conservation Commission of
   43         boating-restricted areas; providing for counties and
   44         municipalities to establish boating-restricted areas
   45         with approval of the commission; directing the
   46         commission to adopt rules for the approval; revising a
   47         prohibition against operating a vessel in a prohibited
   48         manner in a boating-restricted area; amending s.
   49         327.60, F.S.; revising provisions limiting regulation
   50         by a county or municipality of the operation,
   51         equipment, and other matters relating to vessels
   52         operated upon the waters of this state; prohibiting
   53         certain county or municipality ordinances or
   54         regulations; creating s. 327.66, F.S.; prohibiting
   55         possessing or operating a vessel equipped with certain
   56         fuel containers or related equipment; prohibiting
   57         transporting fuel in a vessel except in compliance
   58         with certain federal regulations; providing penalties;
   59         declaring fuel transported in violation of such
   60         prohibitions to be a public nuisance and directing the
   61         enforcing agency to abate the nuisance; providing for
   62         disposal of the containers and fuel; declaring
   63         conveyances, vessels, vehicles, and equipment used in
   64         such violation to be contraband; providing for seizure
   65         of the contraband; defining the term “conviction” for
   66         specified purposes; providing for costs to remove
   67         fuel, containers, vessels, and equipment to be paid by
   68         the owner; providing that a person who fails to pay
   69         such cost shall not be issued a certificate of
   70         registration for a vessel or motor vehicle; amending
   71         s. 327.70, F.S.; providing for the mailing of
   72         citations; amending s. 327.73, F.S.; revising
   73         provisions for citation of a noncriminal infraction to
   74         provide for violations relating to boating-restricted
   75         areas and speed limits; revising provisions relating
   76         to establishment of such limits by counties and
   77         municipalities; amending s. 328.03, F.S.; requiring
   78         vessels used or stored on the waters of this state to
   79         be titled by this state pursuant to specified
   80         provisions; providing exceptions; amending s. 328.07,
   81         F.S.; requiring certain vessels used or stored on the
   82         waters of this state to have affixed a hull
   83         identification number; providing that a vessel in
   84         violation may be seized and subject to forfeiture;
   85         amending ss. 328.46, 328.48, and 328.56, F.S.;
   86         requiring vessels operated, used, or stored on the
   87         waters of this state to be registered and display the
   88         registration number; providing exceptions; amending s.
   89         328.58, F.S., relating to reciprocity of nonresident
   90         or alien vessels; requiring the owner of a vessel with
   91         a valid registration from another state, a vessel with
   92         a valid registration from the United States Coast
   93         Guard in another state, or a federally documented
   94         vessel from another state to record the registration
   95         number with the Department of Highway Safety and Motor
   96         Vehicles when using or storing the vessel on the
   97         waters of this state in excess of the 90-day
   98         reciprocity period; amending s. 328.60, F.S.;
   99         providing an exception to registration requirements
  100         for military personnel using or storing on the waters
  101         of this state a vessel with a valid registration from
  102         another state, a vessel with a valid registration from
  103         the United States Coast Guard in another state, or a
  104         federally documented vessel from another state;
  105         amending s. 328.65, F.S.; revising legislative intent
  106         with respect to registration and numbering of vessels;
  107         amending s. 328.66, F.S.; authorizing a county to
  108         impose an annual registration fee on vessels used on
  109         the waters of this state within its jurisdiction;
  110         amending s. 328.72, F.S.; providing noncriminal
  111         penalties for use or storage of a previously
  112         registered vessel after the expiration of the
  113         registration period; exempting vessels lawfully stored
  114         at a dock or in a marina; amending ss. 369.20, 369.22,
  115         and 369.25, F.S.; providing that the commission has
  116         the authority to enforce statutes relating to aquatic
  117         weeds and plants; amending s. 379.304, F.S.; providing
  118         that anyone violating the provisions governing the
  119         sale or exhibition of wildlife is subject to specified
  120         penalties relating to captive wildlife; amending s.
  121         379.338, F.S.; authorizing an investigating law
  122         enforcement agency to dispose of illegally taken
  123         wildlife, freshwater fish, or saltwater fish in
  124         certain specified ways; requiring that live wildlife,
  125         freshwater fish, and saltwater fish be properly
  126         documented as evidence and returned to the habitat
  127         unharmed; requiring that nonnative species be disposed
  128         of in accordance with rules of the Fish and Wildlife
  129         Conservation Commission; providing for the disposition
  130         of furs and hides; requiring that the proceeds of
  131         sales be deposited in the State Game Trust Fund or the
  132         Marine Resources Conservation Trust Fund; requiring
  133         the Fish and Wildlife Conservation Commission to give
  134         to a state, municipal, or county law enforcement
  135         agency that enforces or assists the commission in
  136         enforcing the law all or a portion of the value of any
  137         property forfeited during an enforcement action;
  138         creating s. 379.3381, F.S.; providing that photographs
  139         of wildlife or freshwater or saltwater fish may be
  140         offered into evidence to the same extent as if the
  141         wildlife, freshwater fish, or saltwater fish were
  142         directly introduced as evidence; requiring that the
  143         photograph be accompanied by a writing containing
  144         specified information relating to the illegal seizure
  145         of the wildlife or freshwater or saltwater fish;
  146         requiring that the wildlife or freshwater or saltwater
  147         fish be disposed of as provided by law; amending s.
  148         379.353, F.S.; providing that a resident of this state
  149         is exempt from paying certain recreational licenses if
  150         the person is eligible for Medicaid services and has
  151         been issued an identification card by the Agency for
  152         Health Care Administration; amending s. 379.3671,
  153         F.S.; providing that if a certificate issued to a
  154         person to use a spiny lobster trap is not renewed
  155         within a specified period, the certificate will be
  156         considered abandoned and revert to the commission;
  157         amending s. 379.3751, F.S.; revising the alligator
  158         trapping agent’s license and the alligator farming
  159         agent’s license to allow the trapper and the farmer to
  160         possess, process, and sell the hides and meat of the
  161         alligator; removing the limitation that an alligator
  162         trapping agent’s license could be issued only in
  163         conjunction with an alligator trapping license;
  164         amending s. 379.3761, F.S.; providing penalties for
  165         the wrongful exhibition or sale of wildlife; amending
  166         s. 379.3762, F.S.; revising penalties for a person who
  167         unlawfully possesses wildlife; amending s. 379.401,
  168         F.S.; making it a level 2 violation for a person to
  169         feed or entice an alligator or crocodile and a level 4
  170         violation for a person to illegally kill, injure, or
  171         capture an alligator or crocodile; amending s.
  172         379.4015, F.S.; making it a level 2 violation for a
  173         person to illegally exhibit of sell wildlife;
  174         requiring the commission to establish a pilot program
  175         for regulating the anchoring or mooring of non-live
  176         aboard vessels outside public mooring fields;
  177         providing geographic regions for the pilot project;
  178         specifying the goals of the pilot program; providing
  179         requirements; requiring a report to the Governor and
  180         Legislature; creating s. 379.501, F.S.; providing
  181         penalties for unlawfully disturbing aquatic weeds and
  182         plants; providing that a person is liable to the state
  183         for any damage caused to the aquatic weeds or plants
  184         and for civil penalties; providing that if a person
  185         willfully harm aquatic weeds and plants he or she
  186         commits a felony of the third degree; providing
  187         criminal penalties; creating s. 379.502, F.S.;
  188         authorizing the commission to seek judicial or
  189         administrative remedies for unlawfully disturbing
  190         aquatic weeds and plants; providing for procedures;
  191         authorizing a respondent to request mediation;
  192         providing for an award of attorney’s fees; providing
  193         requirements for calculating administrative penalties;
  194         providing for the administrative law judge to consider
  195         evidence of mitigation; requiring that penalties be
  196         deposited into the Invasive Plant Control Trust Fund;
  197         creating s. 379.503, F.S.; authorizing the commission
  198         to seek injunctive relief; providing that the judicial
  199         and administrative remedies are alternative and
  200         mutually exclusive; creating s. 379.504, F.S.;
  201         providing that anyone who unlawfully disturbs aquatic
  202         weeds or plants is subject to civil penalties;
  203         authorizing a court to impose a civil penalty for each
  204         offense in an amount not to exceed $10,000 per
  205         offense; providing for joint and several liability;
  206         providing for determining the value of fish killed for
  207         purposes of assessing damages; amending s. 403.088,
  208         F.S.; requiring the commission to approve a program
  209         intended to control aquatic weeds or algae; providing
  210         for a type II transfer of the Bureau of Invasive Plant
  211         Management in the Department of Environmental
  212         Protection to the Fish and Wildlife Conservation
  213         Commission; providing for the transfer of the Invasive
  214         Plant Control Trust Fund to the Fish and Wildlife
  215         Conservation Commission; reenacting s. 379.209(2),
  216         F.S., relating to funds credited to the Nongame
  217         Wildlife Trust Fund, to incorporate an amendment made
  218         to s. 319.32 F.S., in a reference thereto; reenacting
  219         s. 379.3581(7), F.S., relating to hunting safety, to
  220         incorporate the amendment made to s. 379.353, F.S., in
  221         a reference thereto; providing an appropriation;
  222         repealing s. 327.22, F.S.; repealing s. 379.366(7),
  223         F.S.; to abrogate the expiration of provisions
  224         imposing blue crab effort management program fees and
  225         penalties; providing effective dates.
  226  
  227  Be It Enacted by the Legislature of the State of Florida:
  228  
  229         Section 1. Paragraph (a) of subsection (1) of section
  230  206.606, Florida Statutes, is amended to read
  231         206.606 Distribution of certain proceeds.—
  232         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  233  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  234  Fund. Such moneys, after deducting the service charges imposed
  235  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  236  administrative costs incurred by the department in collecting,
  237  administering, enforcing, and distributing the tax, which
  238  administrative costs may not exceed 2 percent of collections,
  239  shall be distributed monthly to the State Transportation Trust
  240  Fund, except that:
  241         (a) $6.30 million shall be transferred to the Fish and
  242  Wildlife Conservation Commission in each fiscal year and
  243  deposited in the Invasive Plant Control Trust Fund to be used
  244  for aquatic plant management, including nonchemical control of
  245  aquatic weeds, research into nonchemical controls, and
  246  enforcement activities. Beginning in fiscal year 1993-1994, The
  247  commission department shall allocate at least $1 million of such
  248  funds to the eradication of melaleuca.
  249         Section 2. Section 253.002, Florida Statutes, is amended to
  250  read
  251         253.002 Department of Environmental Protection, water
  252  management districts, and Department of Agriculture and Consumer
  253  Services, and Fish and Wildlife Conservation Commission; duties
  254  with respect to state lands.—
  255         (1) The Department of Environmental Protection shall
  256  perform all staff duties and functions related to the
  257  acquisition, administration, and disposition of state lands,
  258  title to which is or will be vested in the Board of Trustees of
  259  the Internal Improvement Trust Fund. However, upon the effective
  260  date of rules adopted pursuant to s. 373.427, a water management
  261  district created under s. 373.069 shall perform the staff duties
  262  and functions related to the review of any application for
  263  authorization to use board of trustees-owned submerged lands
  264  necessary for an activity regulated under part IV of chapter 373
  265  for which the water management district has permitting
  266  responsibility as set forth in an operating agreement adopted
  267  pursuant to s. 373.046(4); and the Department of Agriculture and
  268  Consumer Services shall perform the staff duties and functions
  269  related to the review of applications and compliance with
  270  conditions for use of board of trustees-owned submerged lands
  271  under authorizations or leases issued pursuant to ss. 253.67
  272  253.75 and 597.010. Unless expressly prohibited by law, the
  273  board of trustees may delegate to the department any statutory
  274  duty or obligation relating to the acquisition, administration,
  275  or disposition of lands, title to which is or will be vested in
  276  the board of trustees. The board of trustees may also delegate
  277  to any water management district created under s. 373.069 the
  278  authority to take final agency action, without any action on
  279  behalf of the board, on applications for authorization to use
  280  board of trustees-owned submerged lands for any activity
  281  regulated under part IV of chapter 373 for which the water
  282  management district has permitting responsibility as set forth
  283  in an operating agreement adopted pursuant to s. 373.046(4).
  284  This water management district responsibility under this
  285  subsection shall be subject to the department’s general
  286  supervisory authority pursuant to s. 373.026(7). The board of
  287  trustees may also delegate to the Department of Agriculture and
  288  Consumer Services the authority to take final agency action on
  289  behalf of the board on applications to use board of trustees
  290  owned submerged lands for any activity for which that department
  291  has responsibility pursuant to ss. 253.67-253.75, and 597.010,
  292  and ss. 369.25-369.251. However, the board of trustees shall
  293  retain the authority to take final agency action on establishing
  294  any areas for leasing, new leases, expanding existing lease
  295  areas, or changing the type of lease activity in existing
  296  leases. Upon issuance of an aquaculture lease or other real
  297  property transaction relating to aquaculture, the Department of
  298  Agriculture and Consumer Services must send a copy of the
  299  document and the accompanying survey to the Department of
  300  Environmental Protection. The board of trustees may also
  301  delegate to the Fish and Wildlife Conservation Commission the
  302  authority to take final agency action, without any action on
  303  behalf of the board, on applications for authorization to use
  304  board of trustees-owned submerged lands for any activity
  305  regulated under ss. 369.20 and 369.22 s. 369.20.
  306         (2) Delegations to the department, or a water management
  307  district, or the Department of Agriculture and Consumer Services
  308  of authority to take final agency action on applications for
  309  authorization to use submerged lands owned by the board of
  310  trustees, without any action on behalf of the board of trustees,
  311  shall be by rule. Until rules adopted pursuant to this
  312  subsection become effective, existing delegations by the board
  313  of trustees shall remain in full force and effect. However, the
  314  board of trustees is not limited or prohibited from amending
  315  these delegations. The board of trustees shall adopt by rule any
  316  delegations of its authority to take final agency action without
  317  action by the board of trustees on applications for
  318  authorization to use board of trustees-owned submerged lands.
  319  Any final agency action, without action by the board of
  320  trustees, taken by the department, or a water management
  321  district, or the Department of Agriculture and Consumer Services
  322  on applications to use board of trustees-owned submerged lands
  323  shall be subject to the provisions of s. 373.4275.
  324  Notwithstanding any other provision of this subsection, the
  325  board of trustees, the Department of Legal Affairs, and the
  326  department retain the concurrent authority to assert or defend
  327  title to submerged lands owned by the board of trustees.
  328         Section 3. Effective October 1, 2009, subsection (4) of
  329  section 253.04, Florida Statutes, is amended to read
  330         253.04 Duty of board to protect, etc., state lands; state
  331  may join in any action brought.—
  332         (4) Whenever any person or the agent of any person
  333  knowingly refuses to comply with or willfully violates any of
  334  the provisions of this chapter so that such person causes damage
  335  to the lands of the state or products thereof, including removal
  336  of those products, such violator is liable for such damage.
  337  Whenever two or more persons or their agents cause damage, and
  338  if such damage is indivisible, each violator is jointly and
  339  severally liable for such damage; however, if such damage is
  340  divisible and may be attributed to a particular violator or
  341  violators, each violator is liable only for that damage and
  342  subject to the fine attributable to his or her violation.
  343         (a)The duty to conserve and improve state-owned lands and
  344  the products thereof shall include the preservation and
  345  regeneration of seagrass, which is deemed essential to the
  346  oceans, gulfs, estuaries, and shorelines of the state. A person
  347  operating a vessel outside a lawfully marked channel in a
  348  careless manner that causes seagrass scarring within an aquatic
  349  preserve established in ss. 258.39-258.399, with the exception
  350  of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
  351  Springs aquatic preserves, commits a noncriminal infraction,
  352  punishable as provided in s. 327.73. Each violation is a
  353  separate offense. As used in this subsection, the term:
  354         1.“Seagrass scarring” means destruction of seagrass roots,
  355  shoots, or stems that results in tracks on the substrate, caused
  356  by the operation of a motorized vessel in waters supporting
  357  seagrasses, commonly referred to as prop scars or propeller
  358  scars.
  359         2.“Seagrass” means Cuban shoal grass (Halodule wrightii),
  360  turtle grass (Thalassia testudinum), manatee grass (Syringodium
  361  filiforme), star grass (Halophila engelmannii), paddle grass
  362  (Halophila decipiens), Johnsons seagrass (Halophila johnsonii),
  363  or widgeon grass (Ruppia maritima).
  364         (b)Any violation under paragraph (a) is a violation of the
  365  vessel laws of this state and shall be charged on a uniform
  366  boating citation as provided in s. 327.74. Any person who
  367  refuses to post a bond or accept and sign a uniform boating
  368  citation commits a misdemeanor of the second degree, as provided
  369  in s. 327.73(3), punishable as provided in s. 775.082 or s.
  370  775.083.
  371         Section 4. Effective October 1, 2009, subsection (3) of
  372  section 319.32, Florida Statutes, is amended to read:
  373         319.32 Fees; service charges; disposition.—
  374         (3) The department shall charge a fee of $10 $4 in addition
  375  to that charged in subsection (1) for each original certificate
  376  of title issued for a vehicle previously registered outside this
  377  state.
  378         Section 5. Effective October 1, 2009, paragraphs (a) and
  379  (x) of subsection (4) of section 320.08056, Florida Statutes,
  380  are amended to read:
  381         320.08056 Specialty license plates.—
  382         (4) The following license plate annual use fees shall be
  383  collected for the appropriate specialty license plates:
  384         (a) Manatee license plate, $25 $20.
  385         (x) Conserve Wildlife license plate, $25 $15.
  386         Section 6. Subsection (17) of section 327.02, Florida
  387  Statutes, is amended to read:
  388         327.02 Definitions of terms used in this chapter and in
  389  chapter 328.—As used in this chapter and in chapter 328, unless
  390  the context clearly requires a different meaning, the term:
  391         (17) “Live-aboard vessel” means:
  392         (a) Any vessel used solely as a residence and not for
  393  navigation; or
  394         (b) Any vessel represented as a place of business, a
  395  professional or other commercial enterprise;, or a legal
  396  residence.
  397         (c)Any vessel for which a declaration of domicile has been
  398  filed pursuant to s. 222.17.
  399  
  400  A commercial fishing boat is expressly excluded from the term
  401  “live-aboard vessel.”
  402         Section 7. Subsection (4) of section 327.35, Florida
  403  Statutes, is amended to read:
  404         327.35 Boating under the influence; penalties; “designated
  405  drivers”.—
  406         (1) A person is guilty of the offense of boating under the
  407  influence and is subject to punishment as provided in subsection
  408  (2) if the person is operating a vessel within this state and:
  409         (a) The person is under the influence of alcoholic
  410  beverages, any chemical substance set forth in s. 877.111, or
  411  any substance controlled under chapter 893, when affected to the
  412  extent that the person’s normal faculties are impaired;
  413         (b) The person has a blood-alcohol level of 0.08 or more
  414  grams of alcohol per 100 milliliters of blood; or
  415         (c) The person has a breath-alcohol level of 0.08 or more
  416  grams of alcohol per 210 liters of breath.
  417         (4) Any person who is convicted of a violation of
  418  subsection (1) and who has a blood-alcohol level or breath
  419  alcohol level of 0.15 0.20 or higher, or any person who is
  420  convicted of a violation of subsection (1) and who at the time
  421  of the offense was accompanied in the vessel by a person under
  422  the age of 18 years, shall be punished:
  423         (a) By a fine of:
  424         1. Not less than $1,000 or more than $2,000 for a first
  425  conviction.
  426         2. Not less than $2,000 or more than $4,000 for a second
  427  conviction.
  428         3. Not less than $4,000 for a third or subsequent
  429  conviction.
  430         (b) By imprisonment for:
  431         1. Not more than 9 months for a first conviction.
  432         2. Not more than 12 months for a second conviction.
  433  
  434  For the purposes of this subsection, only the instant offense is
  435  required to be a violation of subsection (1) by a person who has
  436  a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
  437  higher.
  438         Section 8. Paragraph (a) of subsection (2) of section
  439  327.36, Florida Statutes, is amended to read:
  440         327.36 Mandatory adjudication; prohibition against
  441  accepting plea to lesser included offense.—
  442         (2)(a) No trial judge may accept a plea of guilty to a
  443  lesser offense from a person who is charged with a violation of
  444  s. 327.35, manslaughter resulting from the operation of a
  445  vessel, or vessel homicide and who has been given a breath or
  446  blood test to determine blood or breath alcohol content, the
  447  results of which show a blood-alcohol level or breath-alcohol
  448  level of 0.15 0.16 or more.
  449         Section 9. Effective January 1, 2010, section 327.395,
  450  Florida Statutes, is amended to read:
  451         327.395 Boating safety identification cards.—
  452         (1) A person born on or after January 1, 1988, 21 years of
  453  age or younger may not operate a vessel powered by a motor of 10
  454  horsepower or greater unless such person has in his or her
  455  possession aboard the vessel photographic identification and a
  456  boater safety identification card issued by the commission which
  457  shows that he or she has:
  458         (a) Completed a commission-approved boater education course
  459  that meets the minimum 8-hour instruction requirement
  460  established by the National Association of State Boating Law
  461  Administrators;
  462         (b) Passed a course equivalency examination approved by the
  463  commission; or
  464         (c) Passed a temporary certificate examination developed or
  465  approved by the commission.
  466         (2) Any person may obtain a boater safety identification
  467  card by complying with the requirements of this section.
  468         (3) Any commission-approved boater education or boater
  469  safety course, course-equivalency examination developed or
  470  approved by the commission, or temporary certificate examination
  471  developed or approved by the commission must include a component
  472  regarding diving vessels, awareness of divers in the water,
  473  divers-down flags, and the requirements of s. 327.331.
  474         (4) The commission may appoint liveries, marinas, or other
  475  persons as its agents to administer the course, course
  476  equivalency examination, or temporary certificate examination
  477  and issue identification cards under guidelines established by
  478  the commission. An agent must charge the $2 examination fee,
  479  which must be forwarded to the commission with proof of passage
  480  of the examination and may charge and keep a $1 service fee.
  481         (5) An identification card issued to a person who has
  482  completed a boating education course or a course equivalency
  483  examination is valid for life. A card issued to a person who has
  484  passed a temporary certification examination is valid for 12
  485  months from the date of issuance.
  486         (6) A person is exempt from subsection (1) if he or she:
  487         (a) Is licensed by the United States Coast Guard to serve
  488  as master of a vessel.
  489         (b) Operates a vessel only on a private lake or pond.
  490         (c) Is accompanied in the vessel by a person who is exempt
  491  from this section or who holds an identification card in
  492  compliance with this section, is 18 years of age or older, and
  493  is attendant to the operation of the vessel and responsible for
  494  the safe operation of the vessel and for any violation that
  495  occurs during the operation.
  496         (d) Is a nonresident who has in his or her possession proof
  497  that he or she has completed a boater education course or
  498  equivalency examination in another state which meets or exceeds
  499  the requirements of subsection (1).
  500         (e)Is operating a vessel within 90 days after the purchase
  501  of that vessel and has available for inspection aboard that
  502  vessel a bill of sale meeting the requirements of s. 328.46(1).
  503         (f)(e) Is exempted by rule of the commission.
  504         (7) A person who operates a vessel in violation of
  505  subsection (1) commits violates this section is guilty of a
  506  noncriminal infraction, punishable as provided in s. 327.73.
  507         (8) The commission shall design forms and adopt rules to
  508  administer this section. Such rules shall include provision for
  509  educational and other public and private entities to offer the
  510  course and administer examinations.
  511         (9) The commission shall institute and coordinate a
  512  statewide program of boating safety instruction and
  513  certification to ensure that boating courses and examinations
  514  are available in each county of the state.
  515         (10) The commission is authorized to establish and to
  516  collect a $2 examination fee to cover administrative costs.
  517         (11) The commission is authorized to adopt rules pursuant
  518  to chapter 120 to implement the provisions of this section.
  519         Section 10. Effective October 1, 2009, section 327.40,
  520  Florida Statutes, is amended to read:
  521         327.40 Uniform waterway markers for safety and navigation;
  522  informational markers.—
  523         (1) Waters of this state Waterways in Florida which need
  524  marking for safety or navigation purposes shall be marked only
  525  in conformity with under the United States Aids to Navigation
  526  System, 33 C.F.R. part 62. Until December 31, 2003, channel
  527  markers and obstruction markers conforming to the Uniform State
  528  Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
  529  to be used on waters of this state that are not navigable waters
  530  of the United States.
  531         (2)(a) Application for marking inland lakes and state
  532  waters and any navigable waters under concurrent jurisdiction of
  533  the Coast Guard and the division shall be made to the division,
  534  accompanied by a map locating the approximate placement of
  535  markers, a list of the markers to be placed, a statement of the
  536  specification of the markers, a statement of the purpose of
  537  marking, and the names of persons responsible for the placement
  538  and upkeep of such markers. The division will assist the
  539  applicant to secure the proper permission from the Coast Guard
  540  where required, make such investigations as needed, and issue a
  541  permit. The division shall furnish the applicant with the
  542  information concerning the system adopted and the rules existing
  543  for placing and maintaining the markers. The division shall keep
  544  records of all approvals given and counsel with individuals,
  545  counties, municipalities, motorboat clubs, or other groups
  546  desiring to mark waterways for safety and navigation purposes in
  547  Florida.
  548         (b)1. No person or municipality, county, or other
  549  governmental entity shall place any uniform waterway marker
  550  safety or navigation markers in, on, or over the waters or
  551  shores of the state without a permit from the division.
  552         2.The placement of informational markers, including, but
  553  not limited to, markers indicating end of boat ramp, no
  554  swimming, swimming area, lake name, trash receptacle, public
  555  health notice, or underwater hazard and canal, regulatory,
  556  emergency, and special event markers, by counties,
  557  municipalities, or other governmental entities on inland lakes
  558  and their associated canals are exempt from permitting under
  559  this section. Such markers, excluding swimming area and special
  560  event markers, may be no more than 50 feet from the normal
  561  shoreline.
  562         (c) The commission is authorized to adopt rules pursuant to
  563  chapter 120 to implement this section.
  564         (3) The placement under this section or s. 327.41 of any
  565  uniform waterway marker safety or navigation marker or any
  566  informational marker under subparagraph (2)(b)2. on state
  567  submerged lands under this section does not subject such lands
  568  to the lease requirements of chapter 253.
  569         Section 11. Effective October 1, 2009, subsection (2) of
  570  section 327.41, Florida Statutes, is amended to read:
  571         327.41 Uniform waterway regulatory markers.—
  572         (2) Any county or municipality which has been granted a
  573  boating-restricted restricted area designation, by rule of the
  574  commission pursuant to s. 327.46(1)(a), for a portion of the
  575  Florida Intracoastal Waterway within its jurisdiction or which
  576  has adopted a boating-restricted restricted area by ordinance
  577  pursuant to s. 327.46(1)(b) or (c) s. 327.22, s. 327.60, or s.
  578  379.2431(2)(p), or any other governmental entity which has
  579  legally established a boating-restricted restricted area, may
  580  apply to the commission for permission to place regulatory
  581  markers within the boating-restricted restricted area.
  582         Section 12. Effective October 1, 2009, section 327.42,
  583  Florida Statutes, is amended to read:
  584         327.42 Mooring to or damaging of markers or buoys
  585  prohibited.—
  586         (1) No person shall moor or fasten a vessel to a lawfully
  587  placed uniform waterway aid-to-navigation marker or buoy,
  588  regulatory marker or buoy, or area boundary marker or buoy,
  589  placed or erected by any governmental agency, except in case of
  590  emergency or with the written consent of the marker’s owner.
  591         (2) No person shall willfully damage, alter, or move a
  592  lawfully placed uniform waterway aid-to-navigation marker or
  593  buoy, regulatory marker or buoy, or area boundary marker or
  594  buoy.
  595         Section 13. Effective October 1, 2009, section 327.46,
  596  Florida Statutes, is amended to read:
  597         327.46 Boating-restricted Restricted areas.—
  598         (1) Boating-restricted The commission has the authority to
  599  establish by rule, pursuant to chapter 120, restricted areas,
  600  including, but not limited to, restrictions of vessel speeds and
  601  vessel traffic, may be established on the waters of this the
  602  state for any purpose deemed necessary to protect for the safety
  603  of the public, including, but not limited to, vessel speeds and
  604  vessel traffic, where such restrictions are deemed necessary
  605  based on boating accidents, visibility, hazardous currents or
  606  water levels, vessel traffic congestion, or other navigational
  607  hazards.
  608         (a)The commission may establish boating-restricted areas
  609  by rule, pursuant to chapter 120.
  610         (b)Municipalities and counties have the authority to
  611  establish the following boating-restricted areas by ordinance:
  612         1.An ordinance establishing an Idle Speed-No Wake boating
  613  restricted area, if the area is:
  614         a.Within 500 feet of any boat ramp, hoist, marine railway,
  615  or other launching or landing facility available for use by the
  616  general boating public on waterways more than 300 feet in width
  617  or within 300 feet of any boat ramp, hoist, marine railway, or
  618  other launching or landing facility available for use by the
  619  general boating public on waterways not exceeding 300 feet in
  620  width.
  621         b.Within 500 feet of fuel pumps or dispensers at any
  622  marine fueling facility that sells motor fuel to the general
  623  boating public on waterways more than 300 feet in width or
  624  within 300 feet of the fuel pumps or dispensers at any licensed
  625  terminal facility that sells motor fuel to the general boating
  626  public on waterways not exceeding 300 feet in width.
  627         c.Inside or within 300 feet of any lock structure.
  628         2.An ordinance establishing a Slow Speed Minimum Wake
  629  boating-restricted area if the area is:
  630         a.Within 300 feet of any bridge fender system.
  631         b.Within 300 feet of any bridge span presenting a vertical
  632  clearance of less than 25 feet or a horizontal clearance of less
  633  than 100 feet.
  634         c.On a creek, stream, canal, or similar linear waterway
  635  where the waterway is less than 75 feet in width from shoreline
  636  to shoreline.
  637         d.On a lake or pond of less than 10 acres in total surface
  638  area.
  639         3.An ordinance establishing a vessel exclusion zone if the
  640  area is:
  641         a.Designated as a public bathing beach or swim area.
  642         b.Within 300 feet of a dam, spillway, or flood-control
  643  structure.
  644         (c)Municipalities and counties have the authority to
  645  establish by ordinance the following other boating-restricted
  646  areas:
  647         1.An ordinance establishing an Idle Speed-No Wake boating
  648  restricted area, if the area is within 300 feet of a confluence
  649  of water bodies presenting a blind corner, a bend in a narrow
  650  channel or fairway, or such other area where an intervening
  651  obstruction to visibility may obscure other vessels or other
  652  users of the waterway.
  653         2.An ordinance establishing a Slow Speed Minimum Wake or a
  654  numerical speed limit boating-restricted area if the area is:
  655         a.Within 300 feet of a confluence of water bodies
  656  presenting a blind corner, a bend in a narrow channel or
  657  fairway, or such other area where an intervening obstruction to
  658  visibility may obscure other vessels or other users of the
  659  waterway.
  660         b.Subject to unsafe levels of vessel traffic congestion.
  661         c.Subject to hazardous water levels or currents, or
  662  containing other navigational hazards.
  663         d.An area that accident reports, uniform boating
  664  citations, vessel traffic studies, or other creditable data
  665  demonstrate to present a significant risk of collision or a
  666  significant threat to boating safety.
  667         3.An ordinance establishing a vessel-exclusion zone if the
  668  area is reserved exclusively:
  669         a.As a canoe trail or otherwise limited to vessels under
  670  oars or under sail.
  671         b.For a particular activity and user group, separation
  672  must be imposed to protect the safety of those participating in
  673  such activity.
  674  
  675  Any of the ordinances adopted pursuant to this paragraph shall
  676  not take effect until the commission has reviewed the ordinance
  677  and determined by substantial competent evidence that the
  678  ordinance is necessary to protect public safety pursuant to this
  679  paragraph. Any application for approval of an ordinance shall be
  680  reviewed and acted upon within 90 days after receipt of a
  681  completed application. Within 30 days after a municipality or
  682  county submits an application for approval to the commission,
  683  the commission shall advise the municipality or county as to
  684  what information, if any, is needed to deem the application
  685  properly completed. An application shall be considered complete
  686  upon receipt of all requested information and correction of any
  687  error or omission for which the applicant was timely notified or
  688  when the time for such notification has expired. The
  689  commission’s action on the application is subject to review
  690  under chapter 120. The commission shall initiate rulemaking
  691  within 180 days after the effective date of this act to provide
  692  criteria and procedures for reviewing applications submitted
  693  under this part and procedures for providing for public notice
  694  and participation.
  695         (2) Each such boating-restricted restricted area shall be
  696  developed in consultation and coordination with the governing
  697  body of the county or municipality in which the boating
  698  restricted restricted area is located and, when the boating
  699  restricted area is to be on the navigable waters of the United
  700  States where required, with the United States Coast Guard and
  701  the United States Army Corps of Engineers.
  702         (3)(2) It is unlawful for any person to operate a vessel in
  703  a prohibited manner or to carry on any prohibited activity, as
  704  defined in this chapter, deemed a safety hazard or interference
  705  with navigation as provided above within a boating-restricted
  706  restricted water area that which has been clearly marked by
  707  regulatory markers as authorized under this chapter.
  708         (4)(3)Restrictions in a boating-restricted area
  709  established pursuant to this section shall not apply in the case
  710  of an emergency or to a law enforcement, firefighting, or rescue
  711  vessel owned or operated by a governmental entity.
  712         Section 14. Effective October 1, 2009, section 327.60,
  713  Florida Statutes, is amended to read:
  714         327.60 Local regulations; limitations.—
  715         (1) The provisions of this chapter and chapter 328 ss.
  716  327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
  717  327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
  718  govern the operation, equipment, and all other matters relating
  719  thereto whenever any vessel shall be operated upon the waters of
  720  this state waterways or when any activity regulated hereby shall
  721  take place thereon.
  722         (2) Nothing in this chapter or chapter 328 these sections
  723  shall be construed to prevent the adoption of any ordinance or
  724  local regulation law relating to operation and equipment of
  725  vessels, except that no county or municipality shall enact,
  726  continue in effect, or enforce any ordinance or local
  727  regulation:
  728         (a)Establishing a vessel or associated equipment
  729  performance or other safety standard, imposing a requirement for
  730  associated equipment, or regulating the carrying or use of
  731  marine safety articles;
  732         (b)With respect to the design, manufacture, installation,
  733  or use of any marine sanitation device on any vessel;
  734         (c)Regulating any vessel upon the Florida Intracoastal
  735  Waterway;
  736         (d)Discriminating against personal watercraft;
  737         (e)Discriminating against airboats, for ordinances adopted
  738  after July 1, 2006, unless adopted by a two-thirds vote of the
  739  governing body enacting such ordinance;
  740         (f)Regulating the anchoring of vessels other than live
  741  aboard vessels outside the marked boundaries of mooring fields
  742  permitted as provided in s. 327.40;
  743         (g)Regulating engine or exhaust noise, except as provided
  744  in s. 327.65; or
  745         (h)That is in conflict with this chapter or any amendments
  746  thereto or rules thereunder. no such ordinance or local law may
  747  apply to the Florida Intracoastal Waterway and except that such
  748  ordinances or local laws shall be operative only when they are
  749  not in conflict with this chapter or any amendments thereto or
  750  regulations thereunder. Any ordinance or local law which has
  751  been adopted pursuant to this section or to any other state law
  752  may not discriminate against personal watercraft as defined in
  753  s. 327.02. Effective July 1, 2006, any ordinance or local law
  754  adopted pursuant to this section or any other state law may not
  755  discriminate against airboats except by a two-thirds vote of the
  756  governing body enacting such ordinance.
  757         (3)(2) Nothing contained in the provisions of this section
  758  shall be construed to prohibit local governmental authorities
  759  from the enactment or enforcement of regulations which prohibit
  760  or restrict the mooring or anchoring of floating structures or
  761  live-aboard vessels within their jurisdictions or of any vessels
  762  within the marked boundaries of mooring fields permitted as
  763  provided in s. 327.40. However, local governmental authorities
  764  are prohibited from regulating the anchoring outside of such
  765  mooring fields of vessels other than live-aboard vessels as
  766  defined in s. 327.02 non-live-aboard vessels in navigation.
  767         Section 15. Section 327.66, Florida Statutes, is created to
  768  read:
  769         327.66Carriage of gasoline on vessels.—
  770         (1)(a)A person shall not:
  771         1.Possess or operate any vessel that has been equipped
  772  with tanks, bladders, drums, or other containers designed or
  773  intended to hold gasoline, or install or maintain such
  774  containers in a vessel, if such containers do not conform to
  775  federal regulations or have not been approved by the United
  776  States Coast Guard by inspection or special permit.
  777         2.Transport any gasoline in an approved portable container
  778  when the container is in a compartment that is not ventilated in
  779  strict compliance with United States Coast Guard regulations
  780  pertaining to ventilation of compartments containing gasoline
  781  tanks.
  782         (b)A person who violates paragraph (a) commits a
  783  misdemeanor of the second degree, punishable as provided in s.
  784  775.082, s. 775.083, or s. 775.084.
  785         (2)(a)Gasoline possessed or transported in violation of
  786  this section and all containers holding such gasoline are
  787  declared to be a public nuisance. A law enforcement agency
  788  discovering gasoline possessed or transported in violation of
  789  paragraph (1)(a) shall abate the nuisance by removing the
  790  gasoline and containers from the vessel and from the waters of
  791  this state. A law enforcement agency that removes gasoline or
  792  containers pursuant to this subsection may elect to:
  793         1.Retain the property for the agency’s own use;
  794         2.Transfer the property to another unit of state or local
  795  government;
  796         3.Donate the property to a charitable organization; or
  797         4.Sell the property at public sale pursuant to s. 705.103.
  798         (b)A law enforcement agency that seizes gasoline or
  799  containers pursuant to this subsection shall remove and reclaim,
  800  recycle, or otherwise dispose of the gasoline as soon as
  801  practicable in a safe and proper manner.
  802         (3)All conveyances, vessels, vehicles, and other equipment
  803  described in paragraph (1)(a) or used in the commission of a
  804  violation of paragraph (1)(a), other than gasoline or containers
  805  removed as provided in subsection (2), are declared to be
  806  contraband.
  807         (a)Upon conviction of a person arrested for a violation of
  808  paragraph (1)(a), the judge shall issue an order adjudging and
  809  ordering that all conveyances, vessels, vehicles, and other
  810  equipment used in the violation shall be forfeited to the
  811  arresting agency. The requirement for a conviction before
  812  forfeiture of property establishes to the exclusion of any
  813  reasonable doubt that the property was used in connection with
  814  the violation resulting in the conviction, and the procedures of
  815  chapter 932 do not apply to any forfeiture of property under
  816  this subsection following a conviction.
  817         (b)In the absence of an arrest or conviction, any such
  818  conveyance, vessel, vehicle, or other equipment used in
  819  violation of paragraph (1)(a) shall be subject to seizure and
  820  forfeiture as provided by the Florida Contraband Forfeiture Act.
  821         (c)As used in this subsection, the term “conviction” means
  822  a finding of guilt or the acceptance of a plea of guilty or nolo
  823  contendere, regardless of whether adjudication is withheld or
  824  whether imposition of sentence is withheld, deferred, or
  825  suspended.
  826         (4)All costs incurred by the law enforcement agency in the
  827  removal of any gasoline, gasoline container, other equipment, or
  828  vessel as provided in this section shall be recoverable against
  829  the owner thereof. Any person who neglects or refuses to pay
  830  such amount shall not be issued a certificate of registration
  831  for such vessel or for any other vessel or motor vehicle until
  832  the costs have been paid.
  833         (5)Foreign flagged vessels entering United States waters
  834  and Florida state waters in compliance with 19 USC 1433 are
  835  exempt from this section.
  836         Section 16. Effective October 1, 2009, section 327.70,
  837  Florida Statutes, is amended to read:
  838         327.70 Enforcement of this chapter and chapter 328.—
  839         (1) This chapter and chapter 328 shall be enforced by the
  840  Division of Law Enforcement of the Fish and Wildlife
  841  Conservation Commission and its officers, the sheriffs of the
  842  various counties and their deputies, municipal police officers,
  843  and any other authorized law enforcement officer as defined in
  844  s. 943.10, all of whom may order the removal of vessels deemed
  845  to be an interference or a hazard to public safety, enforce the
  846  provisions of this chapter and chapter 328, or cause any
  847  inspections to be made of all vessels in accordance with this
  848  chapter and chapter 328.
  849         (2)(a)Noncriminal violations of the following statutes may
  850  be enforced by a uniform boating citation mailed to the
  851  registered owner of an unattended vessel anchored, aground, or
  852  moored on the waters of this state:
  853         1.Section 327.33(3)(b), relating to navigation rules.
  854         2.Section 327.44, relating to interference with
  855  navigation.
  856         3.Section 327.50(2), relating to required lights and
  857  shapes.
  858         4.Section 327.53, relating to marine sanitation.
  859         5.Section 328.48(5), relating to display of decal.
  860         6. Section 328.52(2), relating to display of number.
  861         (b)Citations issued to livery vessels under this
  862  subsection shall be the responsibility of the lessee of the
  863  vessel if the livery has included a warning of this
  864  responsibility as a part of the rental agreement and has
  865  provided to the agency issuing the citation the name, address,
  866  and date of birth of the lessee when requested by that agency.
  867  The livery is not responsible for the payment of citations if
  868  the livery provides the required warning and lessee information.
  869         (3) Such officers shall have the power and duty to issue
  870  such orders and to make such investigations, reports, and
  871  arrests in connection with any violation of the provisions of
  872  this chapter and chapter 328 as are necessary to effectuate the
  873  intent and purpose of this chapter and chapter 328.
  874         (4)(3) The Fish and Wildlife Conservation Commission or any
  875  other law enforcement agency may make any investigation
  876  necessary to secure information required to carry out and
  877  enforce the provisions of this chapter and chapter 328.
  878         Section 17. Effective October 1, 2009, subsection (1) of
  879  section 327.73, Florida Statutes, is amended to read:
  880         327.73 Noncriminal infractions.—
  881         (1) Violations of the following provisions of the vessel
  882  laws of this state are noncriminal infractions:
  883         (a) Section 328.46, relating to operation of unregistered
  884  and unnumbered vessels.
  885         (b) Section 328.48(4), relating to display of number and
  886  possession of registration certificate.
  887         (c) Section 328.48(5), relating to display of decal.
  888         (d) Section 328.52(2), relating to display of number.
  889         (e) Section 328.54, relating to spacing of digits and
  890  letters of identification number.
  891         (f) Section 328.60, relating to military personnel and
  892  registration of vessels.
  893         (g) Section 328.72(13), relating to operation with an
  894  expired registration.
  895         (h) Section 327.33(2), relating to careless operation.
  896         (i) Section 327.37, relating to water skiing, aquaplaning,
  897  parasailing, and similar activities.
  898         (j) Section 327.44, relating to interference with
  899  navigation.
  900         (k) Violations relating to boating-restricted restricted
  901  areas and speed limits:
  902         1. Established by the commission or by local governmental
  903  authorities pursuant to s. 327.46.
  904         2.Established by local governmental authorities pursuant
  905  to s. 327.22 or s. 327.60.
  906         2.3. Speed limits established pursuant to s. 379.2431(2).
  907         (l) Section 327.48, relating to regattas and races.
  908         (m) Section 327.50(1) and (2), relating to required safety
  909  equipment, lights, and shapes.
  910         (n) Section 327.65, relating to muffling devices.
  911         (o) Section 327.33(3)(b), relating to navigation rules.
  912         (p) Section 327.39(1), (2), (3), and (5), relating to
  913  personal watercraft.
  914         (q) Section 327.53(1), (2), and (3), relating to marine
  915  sanitation.
  916         (r) Section 327.53(4), (5), and (7), relating to marine
  917  sanitation, for which the civil penalty is $250.
  918         (s) Section 327.395, relating to boater safety education.
  919         (t) Section 327.52(3), relating to operation of overloaded
  920  or overpowered vessels.
  921         (u) Section 327.331, relating to divers-down flags, except
  922  for violations meeting the requirements of s. 327.33.
  923         (v) Section 327.391(1), relating to the requirement for an
  924  adequate muffler on an airboat.
  925         (w) Section 327.391(3), relating to the display of a flag
  926  on an airboat.
  927         (x)Section 253.04(4)(a), relating to carelessly causing
  928  seagrass scarring, for which the civil penalty upon conviction
  929  is:
  930         1.For a first offense, $50.
  931         2.For a second offense occurring within 12 months after a
  932  prior conviction, $250.
  933         3.For a third offense occurring within 36 months after a
  934  prior conviction, $500.
  935         4.For a fourth or subsequent offense, $1,000.
  936  
  937  Any person cited for a violation of any such provision shall be
  938  deemed to be charged with a noncriminal infraction, shall be
  939  cited for such an infraction, and shall be cited to appear
  940  before the county court. The civil penalty for any such
  941  infraction is $50, except as otherwise provided in this section.
  942  Any person who fails to appear or otherwise properly respond to
  943  a uniform boating citation shall, in addition to the charge
  944  relating to the violation of the boating laws of this state, be
  945  charged with the offense of failing to respond to such citation
  946  and, upon conviction, be guilty of a misdemeanor of the second
  947  degree, punishable as provided in s. 775.082 or s. 775.083. A
  948  written warning to this effect shall be provided at the time
  949  such uniform boating citation is issued.
  950         Section 18. Effective October 1, 2009, subsections (1) and
  951  (2) of section 328.03, Florida Statutes, are amended to read:
  952         328.03 Certificate of title required.—
  953         (1) Each vessel that is operated, used, or stored on the
  954  waters of this state must be titled by this state pursuant to
  955  this chapter, unless it is:
  956         (a) A vessel operated, used, and stored exclusively on
  957  private lakes and ponds;.
  958         (b) A vessel owned by the United States Government;.
  959         (c) A non-motor-powered vessel less than 16 feet in
  960  length;.
  961         (d) A federally documented vessel;.
  962         (e) A vessel already covered by a registration number in
  963  full force and effect which was awarded to it pursuant to a
  964  federally approved numbering system of another state or by the
  965  United States Coast Guard in a state without a federally
  966  approved numbering system, if the vessel is not located in this
  967  state for a period in excess of 90 consecutive days;.
  968         (f) A vessel from a country other than the United States
  969  temporarily used, operated, or stored on using the waters of
  970  this state for a period that is not in excess of 90 days;.
  971         (g) An amphibious vessel for which a vehicle title is
  972  issued by the Department of Highway Safety and Motor Vehicles;.
  973         (h) A vessel used solely for demonstration, testing, or
  974  sales promotional purposes by the manufacturer or dealer; or.
  975         (i) A vessel owned and operated by the state or a political
  976  subdivision thereof.
  977         (2) A person shall not operate, use, or store a vessel for
  978  which a certificate of title is required unless the owner has
  979  received from the Department of Highway Safety and Motor
  980  Vehicles a valid certificate of title for such vessel. However,
  981  such vessel may be operated, used, or stored for a period of up
  982  to 180 days after from the date of application for a certificate
  983  of title while the application is pending.
  984         Section 19. Effective October 1, 2009, subsections (1) and
  985  (2) of section 328.07, Florida Statutes, are amended to read:
  986         328.07 Hull identification number required.—
  987         (1) No person shall operate, use, or store on the waters of
  988  this state a vessel the construction of which began after
  989  October 31, 1972, for which the department has issued a
  990  certificate of title or which is required by law to be
  991  registered, unless the vessel displays the assigned hull
  992  identification number affixed by the manufacturer as required by
  993  the United States Coast Guard or by the department for a
  994  homemade vessel or other vessel for which a hull identification
  995  number is not required by the United States Coast Guard. The
  996  hull identification number must be carved, burned, stamped,
  997  embossed, or otherwise permanently affixed to the outboard side
  998  of the transom or, if there is no transom, to the outermost
  999  starboard side at the end of the hull that bears the rudder or
 1000  other steering mechanism, above the waterline of the vessel in
 1001  such a way that alteration, removal, or replacement would be
 1002  obvious and evident. The characters of the hull identification
 1003  number must be no less than 12 in number and no less than one
 1004  fourth inch in height.
 1005         (2) No person shall operate, use, or store on the waters of
 1006  this state a vessel the construction of which was completed
 1007  before November 1, 1972, for which the department has issued a
 1008  certificate of title or which is required by law to be
 1009  registered, unless the vessel displays a hull identification
 1010  number. The hull identification number shall be clearly
 1011  imprinted in the transom or on the hull by stamping, impressing,
 1012  or marking with pressure. In lieu of imprinting, the hull
 1013  identification number may be displayed on a plate in a permanent
 1014  manner. A vessel for which the manufacturer has provided no hull
 1015  identification number or a homemade vessel shall be assigned a
 1016  hull identification number by the department which shall be
 1017  affixed to the vessel pursuant to this section.
 1018         (3)(a) No person, firm, association, or corporation shall
 1019  destroy, remove, alter, cover, or deface the hull identification
 1020  number or hull serial number, or plate bearing such number, of
 1021  any vessel, except to make necessary repairs which require the
 1022  removal of the hull identification number and immediately upon
 1023  completion of such repairs shall reaffix the hull identification
 1024  number in accordance with subsection (2).
 1025         (b) If any of the hull identification numbers required by
 1026  the United States Coast Guard for a vessel manufactured after
 1027  October 31, 1972, do not exist or have been altered, removed,
 1028  destroyed, covered, or defaced or the real identity of the
 1029  vessel cannot be determined, the vessel may be seized as
 1030  contraband property by a law enforcement agency or the division,
 1031  and shall be subject to forfeiture pursuant to ss. 932.701
 1032  932.706. Such vessel may not be sold or operated on the waters
 1033  of the state unless the division receives a request from a law
 1034  enforcement agency providing adequate documentation or is
 1035  directed by written order of a court of competent jurisdiction
 1036  to issue to the vessel a replacement hull identification number
 1037  which shall thereafter be used for identification purposes. No
 1038  vessel shall be forfeited under the Florida Contraband
 1039  Forfeiture Act when the owner unknowingly, inadvertently, or
 1040  neglectfully altered, removed, destroyed, covered, or defaced
 1041  the vessel hull identification number.
 1042         Section 20. Effective October 1, 2009, section 328.46,
 1043  Florida Statutes, is amended to read:
 1044         328.46 Operation of registered vessels.—
 1045         (1) Every vessel that is required to be registered and that
 1046  is being operated, used, or stored on using the waters of this
 1047  state shall be registered and numbered within 30 days after
 1048  purchase by the owner except as specifically exempt. During this
 1049  30-day period, the operator is required to have aboard the
 1050  vessel and available for inspection a bill of sale. The bill of
 1051  sale for the vessel shall serve as the temporary certificate of
 1052  number that is required by federal law and must contain the
 1053  following information:
 1054         (a) Make of the vessel.
 1055         (b) Length of the vessel.
 1056         (c) Type of propulsion.
 1057         (d) Hull identification number.
 1058         (e) A statement declaring Florida to be the state where the
 1059  vessel is principally used.
 1060         (f) Name of the purchaser.
 1061         (g) Address of the purchaser, including ZIP code.
 1062         (h) Signature of the purchaser.
 1063         (i) Name of the seller.
 1064         (j) Signature of the seller.
 1065         (k) Date of the sale of the vessel. The date of sale shall
 1066  also serve as the date of issuance of the temporary certificate
 1067  of number.
 1068         (l) Notice to the purchaser and operator that the temporary
 1069  authority to use the vessel on the waters of this state is
 1070  invalid after 30 days following the date of sale of the vessel.
 1071         (2) No person shall operate, use, or store or give
 1072  permission for the operation, use, or storage of any such vessel
 1073  on such waters unless:
 1074         (a) Such vessel is registered within 30 days after purchase
 1075  by the owner and numbered with the identifying number set forth
 1076  in the certificate of registration, displayed:
 1077         1. In accordance with s. 328.48(4), except, if the vessel
 1078  is an airboat, the registration number may be displayed on each
 1079  side of the rudder; or
 1080         2. In accordance with 33 C.F.R. s. 173.27, or with a
 1081  federally approved numbering system of another state; and
 1082         (b) The certificate of registration or temporary
 1083  certificate of number awarded to such vessel is in full force
 1084  and effect.
 1085         Section 21. Effective October 1, 2009, subsection (2) of
 1086  section 328.48, Florida Statutes, is amended to read:
 1087         328.48 Vessel registration, application, certificate,
 1088  number, decal, duplicate certificate.—
 1089         (2) Each vessel operated, All vessels used, or stored on
 1090  the waters of this the state must be registered as a, either
 1091  commercial vessel or recreational vessel as defined in s. 327.02
 1092  this chapter, unless it is except as follows:
 1093         (a) A vessel operated, used, and stored exclusively on
 1094  private lakes and ponds;.
 1095         (b) A vessel owned by the United States Government;.
 1096         (c) A vessel used exclusively as a ship’s lifeboat; or.
 1097         (d) A non-motor-powered vessel less than 16 feet in length,
 1098  or a and any non-motor-powered canoe, kayak, racing shell, or
 1099  rowing scull, regardless of length.
 1100         Section 22. Effective October 1, 2009, section 328.56,
 1101  Florida Statutes, is amended to read:
 1102         328.56 Vessel registration number.—Each vessel that is
 1103  operated, used, or stored on the waters of this the state must
 1104  display a commercial or recreational Florida registration
 1105  number, unless it is:
 1106         (1) A vessel operated, used, and stored exclusively on
 1107  private lakes and ponds;.
 1108         (2) A vessel owned by the United States Government;.
 1109         (3) A vessel used exclusively as a ship’s lifeboat;.
 1110         (4) A non-motor-powered vessel less than 16 feet in length,
 1111  or a and any non-motor-powered canoe, kayak, racing shell, or
 1112  rowing scull, regardless of length;.
 1113         (5) A federally documented vessel;.
 1114         (6) A vessel already covered by a registration number in
 1115  full force and effect which has been awarded to it pursuant to a
 1116  federally approved numbering system of another state or by the
 1117  United States Coast Guard in a state without a federally
 1118  approved numbering system, if the vessel has not been within
 1119  this state for a period in excess of 90 consecutive days;.
 1120         (7) A vessel operating under a valid temporary certificate
 1121  of number;.
 1122         (8) A vessel from a country other than the United States
 1123  temporarily using the waters of this state; or.
 1124         (9) An undocumented vessel used exclusively for racing.
 1125         Section 23. Effective October 1, 2009, section 328.58,
 1126  Florida Statutes, is amended to read:
 1127         328.58 Reciprocity of nonresident or alien vessels.—The
 1128  owner of any vessel already covered by a registration number in
 1129  full force and effect which has been awarded by:
 1130         (1) By Another state pursuant to a federally approved
 1131  numbering system of another state;
 1132         (2) By The United States Coast Guard in a state without a
 1133  federally approved numbering system; or
 1134         (3) By The United States Coast Guard for a federally
 1135  documented vessel with a valid registration in full force and
 1136  effect from another state, shall record the number with the
 1137  Department of Highway Safety and Motor Vehicles prior to
 1138  operating, using, or storing the vessel on the waters of this
 1139  state in excess of the 90-day reciprocity period provided for in
 1140  this chapter. Such recordation shall be pursuant to the
 1141  procedure required for the award of an original registration
 1142  number, except that no additional or substitute registration
 1143  number shall be issued if the vessel owner maintains the
 1144  previously awarded registration number in full force and effect.
 1145         Section 24. Effective October 1, 2009, section 328.60,
 1146  Florida Statutes, is amended to read:
 1147         328.60 Military personnel; registration; penalties.—Any
 1148  military personnel on active duty in this state operating,
 1149  using, or storing a vessel on the waters of this state that has
 1150  a registration number in full force and effect which has been
 1151  awarded to it pursuant to a federally approved numbering system
 1152  of another state or by the United States Coast Guard in a state
 1153  without a federally approved numbering system, or a federally
 1154  documented vessel with a valid registration in full force and
 1155  effect from another state shall not be required to register his
 1156  or her vessel in this state while such certificate of
 1157  registration remains valid; but, at the expiration of such
 1158  registration certificate, all registration and titling shall be
 1159  issued by this state. In the case of a federally documented
 1160  vessel, the issuance of a title is not required by this chapter.
 1161         Section 25. Effective October 1, 2009, section 328.65,
 1162  Florida Statutes, is amended to read:
 1163         328.65 Legislative intent with respect to registration and
 1164  numbering of vessels.—It is the legislative intent that vessels
 1165  be registered and numbered uniformly throughout the state. The
 1166  purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
 1167  328.72 is to make registration and numbering procedures similar
 1168  to those of automobiles and airplanes and to provide for a
 1169  vessel registration fee and certificate so as to determine the
 1170  ownership of vessels which are operated, used, or stored operate
 1171  on the waters of this state and to aid in the advancement of
 1172  maritime safety.
 1173         Section 26. Effective October 1, 2009, subsection (1) of
 1174  section 328.66, Florida Statutes, is amended to read:
 1175         328.66 County and municipality optional registration fee.—
 1176         (1) Any county may impose an annual registration fee on
 1177  vessels registered, operated, used, or stored on the waters of
 1178  this state in the water within its jurisdiction. This fee shall
 1179  be 50 percent of the applicable state registration fee. However,
 1180  the first $1 of every registration imposed under this subsection
 1181  shall be remitted to the state for deposit in the Save the
 1182  Manatee Trust Fund created within the Fish and Wildlife
 1183  Conservation Commission, and shall be used only for the purposes
 1184  specified in s. 379.2431(4). All other moneys received from such
 1185  fee shall be expended for the patrol, regulation, and
 1186  maintenance of the lakes, rivers, and waters and for other
 1187  boating-related activities of such municipality or county. A
 1188  municipality that was imposing a registration fee before April
 1189  1, 1984, may continue to levy such fee, notwithstanding the
 1190  provisions of this section.
 1191         Section 27. Effective October 1, 2009, subsection (13) of
 1192  section 328.72, Florida Statutes, is amended to read:
 1193         328.72 Classification; registration; fees and charges;
 1194  surcharge; disposition of fees; fines; marine turtle stickers.—
 1195         (13) EXPIRED REGISTRATION.—The operation, use, or storage
 1196  on the waters of this state of a previously registered vessel
 1197  after the expiration of the registration period is a noncriminal
 1198  violation, as defined in s. 327.73. This subsection does not
 1199  apply to vessels lawfully stored at a dock or in a marina.
 1200         Section 28. Subsections (13) and (14) are added to section
 1201  369.20, Florida Statutes, to read:
 1202         369.20 Florida Aquatic Weed Control Act.—
 1203         (13)The commission has the power to enforce this section
 1204  as provided in ss. 379.501-379.504.
 1205         (14)Activities that are exempt from permitting in
 1206  accordance with s. 403.813(1)(r), are granted a mixing zone for
 1207  turbidity for a distance not to exceed 150 meters downstream in
 1208  flowing streams or 150 meters in radius in other water bodies
 1209  as, measured from the cutterhead, return flow discharge, or
 1210  other points of generation of turbidity.
 1211         Section 29. Subsections (13) and (14) are added to section
 1212  369.22, Florida Statutes, to read:
 1213         369.22 Aquatic plant management.—
 1214         (13)The commission has the power to enforce this section
 1215  as provided in ss. 379.501-379.504.
 1216         (14)Activities that are exempt from permitting in
 1217  accordance with s. 403.813(1)(r), are granted a mixing zone for
 1218  turbidity for a distance not to exceed 150 meters downstream in
 1219  flowing streams or 150 meters in radius in other water bodies
 1220  as, measured from the cutterhead, return flow discharge, or
 1221  other points of generation of turbidity.
 1222         Section 30. Paragraph (j) of subsection (3) of section
 1223  369.25, Florida Statutes, is amended to read:
 1224         369.25 Aquatic plants; definitions; permits; powers of
 1225  department; penalties.—
 1226         (3) The department has the following powers:
 1227         (j) To enforce ss. 369.25 and 369.251 this chapter in the
 1228  same manner and to the same extent as provided in s. 581.211.
 1229         Section 31. Subsections (1) and (5) of section 379.304,
 1230  Florida Statutes, are amended to read:
 1231         379.304 Exhibition or sale of wildlife.—
 1232         (1) Permits issued pursuant to s. 379.3761 this section and
 1233  places where wildlife is kept or held in captivity shall be
 1234  subject to inspection by officers of the commission at all
 1235  times. The commission shall have the power to release or
 1236  confiscate any specimens of any wildlife, specifically birds,
 1237  mammals, amphibians, or reptiles, whether indigenous to the
 1238  state or not, when it is found that conditions under which they
 1239  are being confined are unsanitary, or unsafe to the public in
 1240  any manner, or that the species of wildlife are being
 1241  maltreated, mistreated, or neglected or kept in any manner
 1242  contrary to the provisions of chapter 828, any such permit to
 1243  the contrary notwithstanding. Before any such wildlife is
 1244  confiscated or released under the authority of this section, the
 1245  owner thereof shall have been advised in writing of the
 1246  existence of such unsatisfactory conditions; the owner shall
 1247  have been given 30 days in which to correct such conditions; the
 1248  owner shall have failed to correct such conditions; the owner
 1249  shall have had an opportunity for a proceeding pursuant to
 1250  chapter 120; and the commission shall have ordered such
 1251  confiscation or release after careful consideration of all
 1252  evidence in the particular case in question. The final order of
 1253  the commission shall constitute final agency action.
 1254         (5) A violation of this section is punishable as provided
 1255  by s. 379.4015 379.401.
 1256         Section 32. Section 379.338, Florida Statutes, is amended
 1257  to read:
 1258         379.338 Confiscation and disposition of illegally taken
 1259  wildlife, freshwater fish, and saltwater fish game.—
 1260         (1) All wildlife, game and freshwater fish, and saltwater
 1261  fish seized under the authority of this chapter, any other
 1262  chapter, or rules of the commission shall, upon conviction of
 1263  the offender or sooner in accordance with a court order if the
 1264  court so orders, be forfeited to the investigating law
 1265  enforcement agency. The law enforcement agency may elect to
 1266  retain the wildlife, freshwater fish, or saltwater fish for the
 1267  agency’s official use; transfer it to another unit of state or
 1268  local government for official use; donate it to a charitable
 1269  organization; sell it at public sale pursuant to s. 705.103; or
 1270  destroy the wildlife, freshwater fish, or saltwater fish if none
 1271  of the other options is practicable or if the wildlife,
 1272  freshwater fish, or saltwater fish is unwholesome or otherwise
 1273  not of appreciable value. All illegally possessed live wildlife,
 1274  freshwater fish, and saltwater fish that are properly documented
 1275  as evidence as provided in s. 379.3381 may be returned to the
 1276  habitat unharmed. Any unclaimed wildlife, freshwater fish, or
 1277  saltwater fish shall be retained by the investigating law
 1278  enforcement agency and disposed of in accordance with this
 1279  subsection and given to some hospital or charitable institution
 1280  and receipt therefor sent to the Fish and Wildlife Conservation
 1281  Commission.
 1282         (2) All furs or hides or fur-bearing animals seized under
 1283  the authority of this chapter shall, upon conviction of the
 1284  offender, be forfeited and sent to the commission, which shall
 1285  sell the same and deposit the proceeds of such sale to the
 1286  credit of the State Game Trust Fund. If any such hides or furs
 1287  are seized and the offender is unknown, the court shall order
 1288  such hides or furs sent to the Fish and Wildlife Conservation
 1289  Commission, which shall sell such hides and furs.
 1290         (3)Except as otherwise provided by law, and deposit the
 1291  proceeds of any such sale under this section shall be deposited
 1292  in to the credit of the State Game Trust Fund or in the Marine
 1293  Resources Conservation Trust Fund.
 1294         (4)Any state, county, or municipal law enforcement agency
 1295  that enforces or assists the commission in enforcing this
 1296  chapter, which enforcement results in a forfeiture of property
 1297  as provided in this section, is entitled to receive all or a
 1298  share of any property based upon its participation in the
 1299  enforcement.
 1300         Section 33. Section 379.3381, Florida Statutes, is created
 1301  to read:
 1302         379.3381Photographic evidence of illegally taken wildlife,
 1303  freshwater fish, and saltwater fish.—In any prosecution for a
 1304  violation of this chapter, any other chapter, or rules of the
 1305  commission, a photograph of illegally taken wildlife, freshwater
 1306  fish, or saltwater fish may be deemed competent evidence of such
 1307  property and may be admissible in the prosecution to the same
 1308  extent as if such wildlife, freshwater fish, or saltwater fish
 1309  were introduced as evidence. Such photograph shall bear a
 1310  written description of the wildlife, freshwater fish, or
 1311  saltwater fish alleged to have been illegally taken, the name of
 1312  the violator, the location where the alleged illegal taking
 1313  occurred, the name of the investigating law enforcement officer,
 1314  the date the photograph was taken, and the name of the
 1315  photographer. Such writing shall be made under oath by the
 1316  investigating law enforcement officer, and the photograph shall
 1317  be identified by the signature of the photographer.
 1318         Section 34. Paragraphs (n) through (q) of subsection (2) of
 1319  section 379.353, Florida Statutes, are redesignated as
 1320  paragraphs (m) through (p), respectively, and paragraphs (h) and
 1321  (m) of subsection (2) of that section are amended to read:
 1322         379.353 Recreational licenses and permits; exemptions from
 1323  fees and requirements.—
 1324         (2) A hunting, freshwater fishing, or saltwater fishing
 1325  license or permit is not required for:
 1326         (h) Any resident saltwater fishing from land or from a
 1327  structure fixed to the land who has been determined eligible for
 1328  the food stamp, temporary cash assistance, or Medicaid programs
 1329  by the Department of Children and Family Services. A benefit
 1330  issuance or program identification card issued by the Department
 1331  of Children and Family Services or the Agency for Health Care
 1332  Administration shall serve as proof of program eligibility. The
 1333  individual must have the benefit issuance or program
 1334  identification card and positive proof of identification in his
 1335  or her possession when fishing.
 1336         (m)Any resident fishing for a saltwater species in fresh
 1337  water from land or from a structure fixed to land.
 1338         Section 35. Paragraph (c) of subsection (2) of section
 1339  379.3671, Florida Statutes, is amended to read:
 1340         379.3671 Spiny lobster trap certificate program.—
 1341         (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
 1342  PENALTIES.—The Fish and Wildlife Conservation Commission shall
 1343  establish a trap certificate program for the spiny lobster
 1344  fishery of this state and shall be responsible for its
 1345  administration and enforcement as follows:
 1346         (c) Prohibitions; penalties.—
 1347         1. It is unlawful for a person to possess or use a spiny
 1348  lobster trap in or on state waters or adjacent federal waters
 1349  without having affixed thereto the trap tag required by this
 1350  section. It is unlawful for a person to possess or use any other
 1351  gear or device designed to attract and enclose or otherwise aid
 1352  in the taking of spiny lobster by trapping that is not a trap as
 1353  defined by commission rule.
 1354         2. It is unlawful for a person to possess or use spiny
 1355  lobster trap tags without having the necessary number of
 1356  certificates on record as required by this section.
 1357         3. It is unlawful for any person to willfully molest, take
 1358  possession of, or remove the contents of another harvester’s
 1359  spiny lobster trap without the express written consent of the
 1360  trap owner available for immediate inspection. Unauthorized
 1361  possession of another’s trap gear or removal of trap contents
 1362  constitutes theft.
 1363         a. A commercial harvester who violates this subparagraph
 1364  shall be punished under ss. 379.367 and 379.407. Any commercial
 1365  harvester receiving a judicial disposition other than dismissal
 1366  or acquittal on a charge of theft of or from a trap pursuant to
 1367  this subparagraph or s. 379.402 shall, in addition to the
 1368  penalties specified in ss. 379.367 and 379.407 and the
 1369  provisions of this section, permanently lose all his or her
 1370  saltwater fishing privileges, including his or her saltwater
 1371  products license, spiny lobster endorsement, and all trap
 1372  certificates allotted to him or her through this program. In
 1373  such cases, trap certificates and endorsements are
 1374  nontransferable.
 1375         b. Any commercial harvester receiving a judicial
 1376  disposition other than dismissal or acquittal on a charge of
 1377  willful molestation of a trap, in addition to the penalties
 1378  specified in ss. 379.367 and 379.407, shall lose all saltwater
 1379  fishing privileges for a period of 24 calendar months.
 1380         c. In addition, any commercial harvester charged with
 1381  violating this subparagraph and receiving a judicial disposition
 1382  other than dismissal or acquittal for violating this
 1383  subparagraph or s. 379.402 shall also be assessed an
 1384  administrative penalty of up to $5,000.
 1385  
 1386  Immediately upon receiving a citation for a violation involving
 1387  theft of or from a trap, or molestation of a trap, and until
 1388  adjudicated for such a violation or, upon receipt of a judicial
 1389  disposition other than dismissal or acquittal of such a
 1390  violation, the commercial harvester committing the violation is
 1391  prohibited from transferring any spiny lobster trap certificates
 1392  and endorsements.
 1393         4. In addition to any other penalties provided in s.
 1394  379.407, a commercial harvester who violates the provisions of
 1395  this section or commission rules relating to spiny lobster traps
 1396  shall be punished as follows:
 1397         a. If the first violation is for violation of subparagraph
 1398  1. or subparagraph 2., the commission shall assess an additional
 1399  administrative penalty of up to $1,000. For all other first
 1400  violations, the commission shall assess an additional
 1401  administrative penalty of up to $500.
 1402         b. For a second violation of subparagraph 1. or
 1403  subparagraph 2. which occurs within 24 months of any previous
 1404  such violation, the commission shall assess an additional
 1405  administrative penalty of up to $2,000 and the spiny lobster
 1406  endorsement issued under s. 379.367(2) or (6) may be suspended
 1407  for the remainder of the current license year.
 1408         c. For a third or subsequent violation of subparagraph 1.,
 1409  subparagraph 2., or subparagraph 3. which occurs within 36
 1410  months of any previous two such violations, the commission shall
 1411  assess an additional administrative penalty of up to $5,000 and
 1412  may suspend the spiny lobster endorsement issued under s.
 1413  379.367(2) or (6) for a period of up to 24 months or may revoke
 1414  the spiny lobster endorsement and, if revoking the spiny lobster
 1415  endorsement, may also proceed against the licenseholder’s
 1416  saltwater products license in accordance with the provisions of
 1417  s. 379.407(2)(h).
 1418         d. Any person assessed an additional administrative penalty
 1419  pursuant to this section shall within 30 calendar days after
 1420  notification:
 1421         (I) Pay the administrative penalty to the commission; or
 1422         (II) Request an administrative hearing pursuant to the
 1423  provisions of ss. 120.569 and 120.57.
 1424         e. The commission shall suspend the spiny lobster
 1425  endorsement issued under s. 379.367(2) or (6) for any person
 1426  failing to comply with the provisions of sub-subparagraph d.
 1427         5.a. It is unlawful for any person to make, alter, forge,
 1428  counterfeit, or reproduce a spiny lobster trap tag or
 1429  certificate.
 1430         b. It is unlawful for any person to knowingly have in his
 1431  or her possession a forged, counterfeit, or imitation spiny
 1432  lobster trap tag or certificate.
 1433         c. It is unlawful for any person to barter, trade, sell,
 1434  supply, agree to supply, aid in supplying, or give away a spiny
 1435  lobster trap tag or certificate or to conspire to barter, trade,
 1436  sell, supply, aid in supplying, or give away a spiny lobster
 1437  trap tag or certificate unless such action is duly authorized by
 1438  the commission as provided in this chapter or in the rules of
 1439  the commission.
 1440         6.a. Any commercial harvester who violates the provisions
 1441  of subparagraph 5., or any commercial harvester who engages in
 1442  the commercial harvest, trapping, or possession of spiny lobster
 1443  without a spiny lobster endorsement as required by s. 379.367(2)
 1444  or (6) or during any period while such spiny lobster endorsement
 1445  is under suspension or revocation, commits a felony of the third
 1446  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1447  775.084.
 1448         b. In addition to any penalty imposed pursuant to sub
 1449  subparagraph a., the commission shall levy a fine of up to twice
 1450  the amount of the appropriate surcharge to be paid on the fair
 1451  market value of the transferred certificates, as provided in
 1452  subparagraph (a)1., on any commercial harvester who violates the
 1453  provisions of sub-subparagraph 5.c.
 1454         c. In addition to any penalty imposed pursuant to sub
 1455  subparagraph a., any commercial harvester receiving any judicial
 1456  disposition other than acquittal or dismissal for a violation of
 1457  subparagraph 5. shall be assessed an administrative penalty of
 1458  up to $5,000, and the spiny lobster endorsement under which the
 1459  violation was committed may be suspended for up to 24 calendar
 1460  months. Immediately upon issuance of a citation involving a
 1461  violation of subparagraph 5. and until adjudication of such a
 1462  violation, and after receipt of any judicial disposition other
 1463  than acquittal or dismissal for such a violation, the commercial
 1464  harvester holding the spiny lobster endorsement listed on the
 1465  citation is prohibited from transferring any spiny lobster trap
 1466  certificates.
 1467         d. Any other person who violates the provisions of
 1468  subparagraph 5. commits a Level Four violation under s. 379.401.
 1469         7. Prior to the 2010-2011 license year, any certificates
 1470  for which the annual certificate fee is not paid for a period of
 1471  3 years shall be considered abandoned and shall revert to the
 1472  commission. Beginning with the 2010-2011 license year, any
 1473  certificate for which the annual certificate fee is not paid for
 1474  a period of 2 consecutive years shall be considered abandoned
 1475  and shall revert to the commission. During any period of trap
 1476  reduction, any certificates reverting to the commission shall
 1477  become permanently unavailable and be considered in that amount
 1478  to be reduced during the next license-year period. Otherwise,
 1479  any certificates that revert to the commission are to be
 1480  reallotted in such manner as provided by the commission.
 1481         8. The proceeds of all administrative penalties collected
 1482  pursuant to subparagraph 4. and all fines collected pursuant to
 1483  sub-subparagraph 6.b. shall be deposited into the Marine
 1484  Resources Conservation Trust Fund.
 1485         9. All traps shall be removed from the water during any
 1486  period of suspension or revocation.
 1487         10. Except as otherwise provided, any person who violates
 1488  this paragraph commits a Level Two violation under s. 379.401.
 1489         Section 36. Paragraphs (c), (d), and (e) of subsection (2)
 1490  of section 379.3751, Florida Statutes, are amended to read:
 1491         379.3751 Taking and possession of alligators; trapping
 1492  licenses; fees.—
 1493         (2) The license and issuance fee, and the activity
 1494  authorized thereby, shall be as follows:
 1495         (c) The annual fee for issuance of an alligator trapping
 1496  agent’s license, which permits a person to act as an agent of
 1497  any person who has been issued a resident or nonresident
 1498  alligator trapping license as provided in paragraph (a) or
 1499  paragraph (b) and to take alligators occurring in the wild other
 1500  than alligator hatchlings, and to possess and process alligators
 1501  taken under authority of such agency relationship, and to
 1502  possess, process, and sell their hides and meat, shall be $50.
 1503  Such alligator trapping agent’s license shall be issued only in
 1504  conjunction with an alligator trapping license and shall bear on
 1505  its face in indelible ink the name and license number of the
 1506  alligator trapping licenseholder for whom the holder of this
 1507  license is acting as an agent.
 1508         (d) The annual fee for issuance of an alligator farming
 1509  license, which permits a person to operate a facility for
 1510  captive propagation of alligators, to possess alligators for
 1511  captive propagation, to take alligator hatchlings and alligator
 1512  eggs occurring in the wild, to rear such alligators, alligator
 1513  hatchlings, and alligator eggs in captivity, to process
 1514  alligators taken or possessed under authority of such alligator
 1515  farming license or otherwise legally acquired, and to possess,
 1516  process, and sell their hides and meat, shall be $250.
 1517         (e) The annual fee for issuance of an alligator farming
 1518  agent’s license, which permits a person to act as an agent of
 1519  any person who has been issued an alligator farming license as
 1520  provided in paragraph (d) and to take alligator hatchlings and
 1521  alligator eggs occurring in the wild, and to possess and process
 1522  alligators taken under authority of such agency relationship,
 1523  and to possess, process, and sell their hides and meat, shall be
 1524  $50. Such license shall be issued only in conjunction with an
 1525  alligator farming license, and shall bear on its face in
 1526  indelible ink the name and license number of the alligator
 1527  farming licenseholder for whom the holder of this license is
 1528  acting as an agent.
 1529         Section 37. Subsection (6) is added to section 379.3761,
 1530  Florida Statutes, to read:
 1531         379.3761 Exhibition or sale of wildlife; fees;
 1532  classifications.—
 1533         (6)A person who violates this section is punishable as
 1534  provided in s. 379.4015.
 1535         Section 38. Subsection (5) of section 379.3762, Florida
 1536  Statutes, is amended to read:
 1537         379.3762 Personal possession of wildlife.—
 1538         (5) A person who violates Persons in violation of this
 1539  section is shall be punishable as provided in s. 379.4015
 1540  379.401.
 1541         Section 39. Paragraph (a) of subsection (2) and paragraph
 1542  (a) of subsection (4) of section 379.401, Florida Statutes, are
 1543  amended to read:
 1544         379.401 Penalties and violations; civil penalties for
 1545  noncriminal infractions; criminal penalties; suspension and
 1546  forfeiture of licenses and permits.—
 1547         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
 1548  violation if he or she violates any of the following provisions:
 1549         1. Rules or orders of the commission relating to seasons or
 1550  time periods for the taking of wildlife, freshwater fish, or
 1551  saltwater fish.
 1552         2. Rules or orders of the commission establishing bag,
 1553  possession, or size limits or restricting methods of taking
 1554  wildlife, freshwater fish, or saltwater fish.
 1555         3. Rules or orders of the commission prohibiting access or
 1556  otherwise relating to access to wildlife management areas or
 1557  other areas managed by the commission.
 1558         4. Rules or orders of the commission relating to the
 1559  feeding of wildlife, freshwater fish, or saltwater fish.
 1560         5. Rules or orders of the commission relating to landing
 1561  requirements for freshwater fish or saltwater fish.
 1562         6. Rules or orders of the commission relating to restricted
 1563  hunting areas, critical wildlife areas, or bird sanctuaries.
 1564         7. Rules or orders of the commission relating to tagging
 1565  requirements for wildlife game and fur-bearing animals.
 1566         8. Rules or orders of the commission relating to the use of
 1567  dogs for the taking of wildlife game.
 1568         9. Rules or orders of the commission which are not
 1569  otherwise classified.
 1570         10. Rules or orders of the commission prohibiting the
 1571  unlawful use of finfish traps.
 1572         11. All prohibitions in this chapter which are not
 1573  otherwise classified.
 1574         12. Section 379.33, prohibiting the violation of or
 1575  noncompliance with commission rules.
 1576         13. Section 379.407(6), prohibiting the sale, purchase,
 1577  harvest, or attempted harvest of any saltwater product with
 1578  intent to sell.
 1579         14. Section 379.2421, prohibiting the obstruction of
 1580  waterways with net gear.
 1581         15. Section 379.413, prohibiting the unlawful taking of
 1582  bonefish.
 1583         16. Section 379.365(2)(a) and (b), prohibiting the
 1584  possession or use of stone crab traps without trap tags and
 1585  theft of trap contents or gear.
 1586         17. Section 379.366(4)(b), prohibiting the theft of blue
 1587  crab trap contents or trap gear.
 1588         18. Section 379.3671(2)(c), prohibiting the possession or
 1589  use of spiny lobster traps without trap tags or certificates and
 1590  theft of trap contents or trap gear.
 1591         19. Section 379.357, prohibiting the possession of tarpon
 1592  without purchasing a tarpon tag.
 1593         20. Rules or orders of the commission Section 379.409,
 1594  prohibiting the feeding or enticement of alligators or
 1595  crocodiles.
 1596         21. Section 379.105, prohibiting the intentional harassment
 1597  of hunters, fishers, or trappers.
 1598         (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
 1599  violation if he or she violates any of the following provisions:
 1600         1. Section 379.365(2)(c), prohibiting criminal activities
 1601  relating to the taking of stone crabs.
 1602         2. Section 379.366(4)(c), prohibiting criminal activities
 1603  relating to the taking and harvesting of blue crabs.
 1604         3. Section 379.367(4), prohibiting the willful molestation
 1605  of spiny lobster gear.
 1606         4. Section 379.3671(2)(c)5., prohibiting the unlawful
 1607  reproduction, possession, sale, trade, or barter of spiny
 1608  lobster trap tags or certificates.
 1609         5. Section 379.354(16), prohibiting the making, forging,
 1610  counterfeiting, or reproduction of a recreational license or
 1611  possession of same without authorization from the commission.
 1612         6. Section 379.404(5), prohibiting the sale of illegally
 1613  taken deer or wild turkey.
 1614         7. Section 379.405, prohibiting the molestation or theft of
 1615  freshwater fishing gear.
 1616         8.Section 379.409, prohibiting the unlawful killing,
 1617  injuring, possessing, or capturing of alligators or other
 1618  crocodilia or their eggs.
 1619         Section 40. Paragraph (a) of subsection (2) of section
 1620  379.4015, Florida Statutes, is amended to read:
 1621         379.4015 Captive wildlife penalties.—
 1622         (2) LEVEL TWO.—Unless otherwise provided by law, the
 1623  following classifications and penalties apply:
 1624         (a) A person commits a Level Two violation if he or she
 1625  violates any of the following provisions:
 1626         1. Unless otherwise stated in subsection (1), rules or
 1627  orders of the commission that require a person to pay a fee to
 1628  obtain a permit to possess captive wildlife or that require the
 1629  maintenance of records relating to captive wildlife.
 1630         2. Rules or orders of the commission relating to captive
 1631  wildlife not specified in subsection (1) or subsection (3).
 1632         3. Rules or orders of the commission that require housing
 1633  of wildlife in a safe manner when a violation results in an
 1634  escape of wildlife other than Class I wildlife.
 1635         4. Section 379.372, relating to capturing, keeping,
 1636  possessing, transporting, or exhibiting venomous reptiles or
 1637  reptiles of concern.
 1638         5. Section 379.373, relating to requiring a license or
 1639  permit for the capturing, keeping, possessing, or exhibiting of
 1640  venomous reptiles or reptiles of concern.
 1641         6. Section 379.374, relating to bonding requirements for
 1642  public exhibits of venomous reptiles.
 1643         7. Section 379.305, relating to commission rules and
 1644  regulations to prevent the escape of venomous reptiles or
 1645  reptiles of concern.
 1646         8. Section 379.304, relating to exhibition or sale of
 1647  wildlife.
 1648         9. Section 379.3761, relating to exhibition or sale of
 1649  wildlife.
 1650         10. Section 379.3762, relating to personal possession of
 1651  wildlife.
 1652         Section 41. The Fish and Wildlife Conservation Commission,
 1653  in consultation with the Department of Environmental Protection,
 1654  is directed to establish a pilot program to explore potential
 1655  options for regulating the anchoring or mooring of nonlive
 1656  aboard vessels outside the marked boundaries of public mooring
 1657  fields.
 1658         (1)The goals of the pilot program are to encourage the
 1659  establishment of additional public mooring fields and to develop
 1660  and test policies and regulatory regimes that:
 1661         (a)Promote the establishment and use of public mooring
 1662  fields.
 1663         (b)Promote public access to the waters of this state.
 1664         (c)Enhance navigational safety.
 1665         (d)Protect maritime infrastructure.
 1666         (e)Protect the marine environment.
 1667         (f)Deter improperly stored, abandoned, or derelict
 1668  vessels.
 1669         (2)Each location selected for inclusion in the pilot
 1670  program must be associated with a properly permitted mooring
 1671  field. The commission, in consultation with the department,
 1672  shall select all locations for the pilot program prior to July
 1673  1, 2011. Two locations shall be off the east coast of Florida,
 1674  two locations shall be off the west coast of Florida, and one
 1675  location shall be within Monroe County. The locations selected
 1676  must be geographically diverse and take into consideration the
 1677  various users and means of using the waters of this state.
 1678         (3)Notwithstanding the provisions of s. 327.60, Florida
 1679  Statutes, a county or municipality selected for participation in
 1680  the pilot program may regulate by ordinance the anchoring of
 1681  vessels, other than live-aboard vessels as defined in s. 327.02,
 1682  Florida Statutes, outside of a mooring field. Any ordinance
 1683  enacted under the pilot program shall take effect and become
 1684  enforceable only after approval by the commission. The
 1685  commission shall not approve any ordinance not consistent with
 1686  the goals of the pilot program.
 1687         (4)The commission shall:
 1688         (a)Provide consultation and technical assistance to each
 1689  municipality or county selected for participation in the pilot
 1690  program to facilitate accomplishment of the pilot program’s
 1691  goals.
 1692         (b)Coordinate the review of any proposed ordinance with
 1693  the department; the Coast Guard; the Florida Inland Navigation
 1694  District or the West Coast Inland Navigation District, as
 1695  appropriate; and associations or other organizations
 1696  representing vessel owners or operators.
 1697         (c)Monitor and evaluate at least annually each location
 1698  selected for participation in the pilot program and make such
 1699  modifications as may be necessary to accomplish the pilot
 1700  program’s goals.
 1701         (5)The commission shall submit a report of its findings
 1702  and recommendations to the Governor, the President of the
 1703  Senate, and the Speaker of the House of Representatives by
 1704  January 1, 2014.
 1705         (6)The pilot program shall expire on July 1, 2014, unless
 1706  reenacted by the Legislature. All ordinances enacted under this
 1707  section shall expire concurrently with the expiration of the
 1708  pilot program and shall be inoperative and unenforceable
 1709  thereafter.
 1710         (7)Nothing in this section shall be construed to affect
 1711  any mooring field authorized pursuant to s. 327.40, part IV of
 1712  chapter 373, and s. 253.77, Florida Statutes, as applicable, or
 1713  any lawful ordinance regulating the anchoring of any vessels
 1714  within the marked boundaries of such mooring fields.
 1715         Section 42. Section 379.501, Florida Statutes, is created
 1716  to read:
 1717         379.501Aquatic weeds or plants; prohibitions, violation,
 1718  penalty, intent.—
 1719         (1)A person may not:
 1720         (a)Violate this section or any provision of s. 369.20 or
 1721  s. 369.22 related to aquatic weeds or plants;
 1722         (b)Fail to obtain any permit required by s. 369.20 or s.
 1723  369.22 or by commission rule implementing s. 369.20 or s.
 1724  369.22, or violate or fail to comply with any rule, regulation,
 1725  order, permit, or certification adopted or issued by the
 1726  commission pursuant to s. 369.20 or s. 369.22; or
 1727         (c)Knowingly make any false statement, representation, or
 1728  certification in any application, record, report, plan, or other
 1729  document filed or required to be maintained under s. 369.20 or
 1730  s. 369.22, or to falsify, tamper with, or knowingly render
 1731  inaccurate any monitoring device or method required to be
 1732  maintained under s. 369.20 or s. 369.22 or by any permit, rule,
 1733  regulation, or order issued under s. 369.20 or s. 369.22.
 1734         (2)Any person who violates any provision specified in
 1735  subsection (1) is liable to the state for any damage caused to
 1736  the aquatic weeds or plants and for civil penalties as provided
 1737  in s. 379.502.
 1738         (3)Any person who willfully commits a violation of
 1739  paragraph (1)(a) commits a felony of the third degree,
 1740  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1741  Each day during any portion of which such violation occurs
 1742  constitutes a separate offense.
 1743         (4)Any person who commits a violation specified in
 1744  paragraph (1)(a) due to reckless indifference or gross careless
 1745  disregard commits a misdemeanor of the second degree, punishable
 1746  as provided in s. 775.082 or s. 775.083.
 1747         (5)Any person who willfully commits a violation specified
 1748  in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
 1749  the first degree, punishable as provided in s. 775.082 or s.
 1750  775.083.
 1751         (6)It is the intent of the Legislature that the civil
 1752  penalties and criminal fines imposed by a court be of such an
 1753  amount as to ensure immediate and continued compliance with this
 1754  section.
 1755         (7)Penalties assessed pursuant to ss. 379.501-379.504 are
 1756  in addition to any penalties assessed by the Board of Trustees
 1757  of the Internal Improvement Trust Fund, the Department of
 1758  Environmental Protection, or a water management district
 1759  pursuant to chapter 253, chapter 373, or chapter 403.
 1760         Section 43. Section 379.502, Florida Statutes, is created
 1761  to read:
 1762         379.502Enforcement; procedure; remedies.—The commission
 1763  has the following judicial and administrative remedies available
 1764  to it for violations of s. 379.501.
 1765         (1)(a)The commission may institute a civil action in a
 1766  court of competent jurisdiction to establish liability and to
 1767  recover damages for any injury to the waters or property of the
 1768  state, including animal, plant, and aquatic life, caused by any
 1769  violation of s. 379.501.
 1770         (b)The commission may institute a civil action in a court
 1771  of competent jurisdiction to impose and to recover a civil
 1772  penalty for each violation in an amount of not more than $10,000
 1773  per offense. However, the court may receive evidence in
 1774  mitigation. Each day, during any portion of which such violation
 1775  occurs, constitutes a separate offense.
 1776         (c)Except as provided in paragraph (2)(c), the fact that
 1777  the commission has failed to exhaust its administrative
 1778  remedies, has failed to serve a notice of violation, or has
 1779  failed to hold an administrative hearing before initiating a
 1780  civil action is not a defense to, or grounds for dismissal of,
 1781  the judicial remedies for damages and civil penalties.
 1782         (2)(a)The commission may institute an administrative
 1783  proceeding to establish liability and to recover damages for any
 1784  injury to the waters or property of the state, including animal,
 1785  plant, or aquatic life, caused by any violation of s. 379.501.
 1786  The commission may order that the violator pay a specified sum
 1787  as damages to the state. Judgment for the amount of damages
 1788  determined by the commission may be entered in any court having
 1789  jurisdiction thereof and may be enforced as any other judgment.
 1790         (b)If the commission has reason to believe that a
 1791  violation has occurred, it may institute an administrative
 1792  proceeding to order the prevention, abatement, or control of the
 1793  conditions creating the violation or other appropriate
 1794  corrective action. The commission shall proceed administratively
 1795  in all cases in which the commission seeks administrative
 1796  penalties that do not exceed $10,000 per assessment as
 1797  calculated in accordance with subsections (3), (4), (5), and
 1798  (6). The commission may not impose administrative penalties in
 1799  excess of $10,000 in a notice of violation. The commission may
 1800  not have more than one notice of violation seeking
 1801  administrative penalties pending against the same party at the
 1802  same time unless the violations occurred at a different site or
 1803  the violations were discovered by the commission subsequent to
 1804  the filing of a previous notice of violation.
 1805         (c)An administrative proceeding shall be instituted by the
 1806  commission’s serving of a written notice of violation upon the
 1807  alleged violator by certified mail. If the commission is unable
 1808  to effect service by certified mail, the notice of violation may
 1809  be hand delivered or personally served in accordance with
 1810  chapter 48. The notice shall specify the provision of the law,
 1811  rule, regulation, permit, certification, or order of the
 1812  commission alleged to have been violated and the facts alleged
 1813  to constitute a violation thereof. An order for corrective
 1814  action, penalty assessment, or damages may be included along
 1815  with the notice. If the commission is seeking to impose an
 1816  administrative penalty for any violation of s. 379.501 by
 1817  issuing a notice of violation, any corrective action needed to
 1818  correct the violation or damages caused by the violation must be
 1819  pursued in the notice of violation or they are waived. However,
 1820  an order does not become effective until after service and an
 1821  administrative hearing, if requested within 20 days after
 1822  service. Failure to request an administrative hearing within
 1823  this period constitutes a waiver, unless the respondent files a
 1824  written notice with the commission within this period opting out
 1825  of the administrative process initiated by the commission. Any
 1826  respondent choosing to opt out of the administrative process
 1827  initiated by the commission must file a written notice with the
 1828  commission within 20 days after service of the notice of
 1829  violation opting out of the administrative process. A
 1830  respondent’s decision to opt out of the administrative process
 1831  does not preclude the commission from initiating a state court
 1832  action seeking injunctive relief, damages, and the judicial
 1833  imposition of civil penalties.
 1834         (d)If a person timely files a petition challenging a
 1835  notice of violation, that person will thereafter be referred to
 1836  as the respondent. The hearing requested by the respondent shall
 1837  be held within 180 days after the commission has referred the
 1838  initial petition to the Division of Administrative Hearings
 1839  unless the parties agree to a later date. The commission has the
 1840  burden of proving by the preponderance of the evidence that the
 1841  respondent is responsible for the violation. An administrative
 1842  penalty may not be imposed unless the commission satisfies that
 1843  burden. Following the close of the hearing, the administrative
 1844  law judge shall issue a final order on all matters, including
 1845  the imposition of an administrative penalty. If the commission
 1846  seeks to enforce that portion of a final order imposing
 1847  administrative penalties pursuant to s. 120.69, the respondent
 1848  may not assert as a defense the inappropriateness of the
 1849  administrative remedy. The commission retains its final-order
 1850  authority in all administrative actions that do not request the
 1851  imposition of administrative penalties.
 1852         (e)After filing a petition requesting a formal hearing in
 1853  response to a notice of violation, a respondent may request that
 1854  a private mediator be appointed to mediate the dispute by
 1855  contacting the Florida Conflict Resolution Consortium within 10
 1856  days after receipt of the initial order from the administrative
 1857  law judge. The Florida Conflict Resolution Consortium shall pay
 1858  all of the costs of the mediator and for up to 8 hours of the
 1859  mediator’s time per case at $150 per hour. Upon notice from the
 1860  respondent, the Florida Conflict Resolution Consortium shall
 1861  provide the respondent with a panel of possible mediators from
 1862  the area in which the hearing on the petition would be heard.
 1863  The respondent shall select the mediator and notify the Florida
 1864  Conflict Resolution Consortium of the selection within 15 days
 1865  after receipt of the proposed panel of mediators. The Florida
 1866  Conflict Resolution Consortium shall provide all of the
 1867  administrative support for the mediation process. The mediation
 1868  must be completed at least 15 days before the final hearing date
 1869  set by the administrative law judge.
 1870         (f)In any administrative proceeding brought by the
 1871  commission, the prevailing party shall recover all costs as
 1872  provided in ss. 57.041 and 57.071. The costs must be included in
 1873  the final order. The respondent is the prevailing party when an
 1874  order is entered awarding no penalties to the commission and the
 1875  order has not been reversed on appeal or the time for seeking
 1876  judicial review has expired. The respondent is entitled to an
 1877  award of attorney’s fees if the administrative law judge
 1878  determines that the notice of violation issued by the commission
 1879  was not substantially justified as defined in s. 57.111(3)(e).
 1880  An award of attorney’s fees as provided by this subsection may
 1881  not exceed $15,000.
 1882         (g)This section does not prevent any other legal or
 1883  administrative action in accordance with law. This subsection
 1884  does not limit the commission’s authority set forth in this
 1885  section and ss. 379.503 and 379.504 to judicially pursue
 1886  injunctive relief. If the commission exercises its authority to
 1887  judicially pursue injunctive relief, penalties in any amount up
 1888  to the statutory maximum sought by the commission must be
 1889  pursued as part of the state court action and not by initiating
 1890  a separate administrative proceeding. The commission retains the
 1891  authority to judicially pursue penalties in excess of $10,000
 1892  for violations not specifically included in the administrative
 1893  penalty schedule, or for multiple or multiday violations alleged
 1894  to exceed a total of $10,000. The commission also retains the
 1895  authority provided in this section and ss. 379.503 and 379.504
 1896  to judicially pursue injunctive relief and damages, if a notice
 1897  of violation seeking the imposition of administrative penalties
 1898  has not been issued. The commission may enter into a settlement
 1899  before or after initiating a notice of violation, and the
 1900  settlement may include a penalty amount that is different from
 1901  the administrative penalty schedule. Any case filed in state
 1902  court because it is alleged to exceed a total of $10,000 in
 1903  penalties may be settled in the court action for less than
 1904  $10,000.
 1905         (h)Chapter 120 does apply to any administrative action
 1906  taken by the commission under this section or any delegated
 1907  program pursuing administrative penalties in accordance with
 1908  this section.
 1909         (3)Administrative penalties must be calculated according
 1910  to the following schedule:
 1911         (a)For violations of s. 379.501(1)(a) or (b), $3,000.
 1912         (b)For failure to conduct required monitoring or testing
 1913  in compliance with a permit, $2,000.
 1914         (c)For failure to prepare, submit, maintain, or use
 1915  required reports or other required documentation, $500.
 1916         (d)For failure to comply with any other regulatory statute
 1917  or rule requirement relating to the administration of the
 1918  commission’s powers under s. 369.20 or s. 369.22 not otherwise
 1919  identified in this section, $500.
 1920         (4)For each additional day during which a violation
 1921  occurs, the administrative penalties in subsection (3) may be
 1922  assessed per day, per violation.
 1923         (5)The history of noncompliance of the violator for any
 1924  previous violation resulting in an executed consent order, but
 1925  not including a consent order entered into without a finding of
 1926  violation, or resulting in a final order or judgment on or after
 1927  July 1, 2009, involving the imposition of $2,000 or more in
 1928  penalties, shall be taken into consideration in the following
 1929  manner:
 1930         (a)One previous such violation within 5 years prior to the
 1931  filing of the notice of violation shall result in a 25 percent
 1932  per day increase in the scheduled administrative penalty.
 1933         (b)Two previous such violations within 5 years prior to
 1934  the filing of the notice of violation shall result in a 50
 1935  percent per day increase in the scheduled administrative
 1936  penalty.
 1937         (c)Three or more previous such violations within 5 years
 1938  before the filing of the notice of violation shall result in a
 1939  100 percent per day increase in the scheduled administrative
 1940  penalty.
 1941         (6)The direct economic benefit gained by the violator from
 1942  the violation shall be added to the scheduled administrative
 1943  penalty. The total administrative penalty, including any
 1944  economic benefit added to the scheduled administrative penalty,
 1945  may not exceed $10,000.
 1946         (7)The administrative penalties assessed for any
 1947  particular violation may not exceed $3,000 against any one
 1948  violator, unless the violator has a history of noncompliance,
 1949  the economic benefit of the violation as described in subsection
 1950  (6) exceeds $3,000, or there are multiday violations. The total
 1951  administrative penalties may not exceed $10,000 per assessment
 1952  for all violations attributable to a specific person in the
 1953  notice of violation.
 1954         (8)The administrative law judge may receive evidence in
 1955  mitigation. The penalties identified in subsection (3) may be
 1956  reduced up to 50 percent by the administrative law judge for
 1957  mitigating circumstances, including good faith efforts to comply
 1958  prior to or after discovery of the violations by the commission.
 1959  Upon an affirmative finding that the violation was caused by
 1960  circumstances beyond the reasonable control of the respondent
 1961  and could not have been prevented by the respondent’s due
 1962  diligence, the administrative law judge may further reduce the
 1963  penalty.
 1964         (9)Penalties collected under this section shall be
 1965  deposited into the Invasive Plant Control Trust Fund to carry
 1966  out the purposes set forth in ss. 369.20, 369.22, and 369.252.
 1967  The Florida Conflict Resolution Consortium may use a portion of
 1968  the fund to administer the mediation process provided in
 1969  paragraph (2)(e) and to contract with private mediators for
 1970  administrative penalty cases related to s. 369.20 or s. 369.22.
 1971         (10)The purpose of the administrative penalty schedule and
 1972  process is to provide a more predictable and efficient manner
 1973  for individuals and businesses to resolve relatively minor
 1974  environmental disputes. Subsections (3) through (7) do not limit
 1975  a state court in the assessment of damages. The administrative
 1976  penalty schedule does not apply to the judicial imposition of
 1977  civil penalties in state court as provided in this section.
 1978         Section 44. Section 379.503, Florida Statutes, is created
 1979  to read:
 1980         379.503Civil action.—
 1981         (1)The commission may institute a civil action in a court
 1982  of competent jurisdiction to seek injunctive relief to enforce
 1983  compliance with ss. 379.501, 379.502, and 379.504 or any rule,
 1984  regulation, permit, certification, or order adopted or issued by
 1985  the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
 1986  violation specified in s. 379.501(1); and to seek injunctive
 1987  relief to prevent irreparable injury to the waters and property,
 1988  including animal, plant, and aquatic life, of the state and to
 1989  protect human health, safety, and welfare caused or threatened
 1990  by any violation of s. 379.501.
 1991         (2)All the judicial and administrative remedies to recover
 1992  damages and penalties in this section and s. 379.502 are
 1993  alternative and mutually exclusive.
 1994         Section 45. Section 379.504, Florida Statutes, is created
 1995  to read:
 1996         379.504Civil liability; joint and several liability.—
 1997         (1)Whoever commits a violation specified in s. 379.501(1)
 1998  is liable to the state for any damage caused to the waters or
 1999  property of the state, including animal, plant, or aquatic life,
 2000  and for reasonable costs and expenses of the state in restoring
 2001  its waters and property, including animal, plant, and aquatic
 2002  life, to their former condition, and furthermore is subject to
 2003  the judicial imposition of a civil penalty for each offense in
 2004  an amount of not more than $10,000 per offense. However, the
 2005  court may receive evidence in mitigation. Each day during any
 2006  portion of which such violation occurs constitutes a separate
 2007  offense. This section does not give the commission the right to
 2008  bring an action on behalf of any private person.
 2009         (2)If two or more persons violate s. 379.501 so that the
 2010  damage is indivisible, each violator shall be jointly and
 2011  severally liable for the damage and for the reasonable cost and
 2012  expenses of the state incurred in restoring the waters and
 2013  property of the state, including the animal, plant, and aquatic
 2014  life, to their former condition. However, if the damage is
 2015  divisible and may be attributed to a particular violator or
 2016  violators, each violator is liable only for that damage
 2017  attributable to his or her violation.
 2018         (3)In assessing damages for fish killed, the value of the
 2019  fish shall be determined in accordance with a table of values
 2020  for individual categories of fish, which shall be adopted by the
 2021  Department of Environmental Protection pursuant to s.
 2022  403.141(3). The total number of fish killed may be estimated by
 2023  standard practices used in estimating fish population.
 2024         Section 46. Subsection (1) of section 403.088, Florida
 2025  Statutes, is amended to read:
 2026         403.088 Water pollution operation permits; conditions.—
 2027         (1) No person, without written authorization of the
 2028  department, shall discharge into waters within the state any
 2029  waste which, by itself or in combination with the wastes of
 2030  other sources, reduces the quality of the receiving waters below
 2031  the classification established for them. However, this section
 2032  shall not be deemed to prohibit the application of pesticides to
 2033  waters in the state for the control of insects, aquatic weeds,
 2034  or algae, provided the application is performed pursuant to a
 2035  program approved by the Department of Health, in the case of
 2036  insect control, or the Fish and Wildlife Conservation Commission
 2037  department, in the case of aquatic weed or algae control. The
 2038  department is directed to enter into interagency agreements to
 2039  establish the procedures for program approval. Such agreements
 2040  shall provide for public health, welfare, and safety, as well as
 2041  environmental factors. Approved programs must provide that only
 2042  chemicals approved for the particular use by the United States
 2043  Environmental Protection Agency or by the Department of
 2044  Agriculture and Consumer Services may be employed and that they
 2045  be applied in accordance with registered label instructions,
 2046  state standards for such application, and the provisions of the
 2047  Florida Pesticide Law, part I of chapter 487.
 2048         Section 47. The statutory powers, duties, and functions
 2049  related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
 2050  which were transferred by chapter 2008-150, Laws of Florida, and
 2051  all records, personnel, and property; unexpended balances of
 2052  appropriations, allocations, and other funds; administrative
 2053  authority; administrative rules; pending issues; and existing
 2054  contracts of the Bureau of Invasive Plant Management in the
 2055  Department of Environmental Protection are transferred by a type
 2056  two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
 2057  Fish and Wildlife Conservation Commission. All actions taken
 2058  pursuant to chapter 2008-150, Laws of Florida, and the
 2059  Interagency Agreement executed thereto are ratified.
 2060         Section 48. The Invasive Plant Control Trust Fund, FLAIR
 2061  number 37-2-030, in the Department of Environmental Protection
 2062  is transferred to the Fish and Wildlife Conservation Commission,
 2063  FLAIR number 77-2-030.
 2064         Section 49. For the purpose of incorporating the amendment
 2065  made by this act to section 319.32, Florida Statutes, in a
 2066  reference thereto, paragraph (a) of subsection (2) of section
 2067  379.209, Florida Statutes, is reenacted to read:
 2068         379.209 Nongame Wildlife Trust Fund.—
 2069         (2)(a) There is established within the Fish and Wildlife
 2070  Conservation Commission the Nongame Wildlife Trust Fund. The
 2071  fund shall be credited with moneys collected pursuant to ss.
 2072  319.32(3) and 320.02(8). Additional funds may be provided from
 2073  legislative appropriations and by donations from interested
 2074  individuals and organizations. The commission shall designate an
 2075  identifiable unit to administer the trust fund.
 2076         Section 50. For the purpose of incorporating the amendment
 2077  made by this act to section 379.353, Florida Statutes, in a
 2078  reference thereto, subsection (7) of section 379.3581, Florida
 2079  Statutes, is reenacted to read:
 2080         379.3581 Hunter safety course; requirements; penalty.—
 2081         (7) The hunter safety requirements of this section do not
 2082  apply to persons for whom licenses are not required under s.
 2083  379.353(2).
 2084         Section 51. The sum of $185,000 is appropriated to the Fish
 2085  and Wildlife Conservation Commission from the State Game Trust
 2086  Fund on a recurring basis beginning in the 2009-2010 fiscal year
 2087  for license issuance costs associated with section 31.
 2088         Section 52. Effective October 1, 2009, section 327.22,
 2089  Florida Statutes, is repealed.
 2090         Section 53. Subsection (7) of section 379.366, Florida
 2091  Statutes, is repealed.
 2092         Section 54. Except as otherwise expressly provided in this
 2093  act, this act shall take effect July 1, 2009.