CS for CS for SB 2536                            First Engrossed
       
       
       
       
       
       
       
       
       20092536e1
       
    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; providing a short
   28         title; amending s. 327.40, F.S.; revising provisions
   29         for placement of navigation, safety, and informational
   30         markers of waterways; providing for uniform waterway
   31         markers; removing an exemption from permit
   32         requirements for certain markers placed by county,
   33         municipal, or other government entities; amending s.
   34         327.41, F.S., relating to placement of markers by a
   35         county or municipality; revising terminology;
   36         providing for a county or municipality that has
   37         adopted a boating-restricted area by ordinance under
   38         specified provisions to apply for permission to place
   39         regulatory markers; amending s. 327.42, F.S.; revising
   40         provisions prohibiting mooring to or damaging markers
   41         or buoys; amending s. 327.46, F.S.; revising
   42         provisions for establishment by the Fish and Wildlife
   43         Conservation Commission of boating-restricted areas;
   44         providing for counties and municipalities to establish
   45         boating-restricted areas with approval of the
   46         commission; directing the commission to adopt rules
   47         for the approval; revising a prohibition against
   48         operating a vessel in a prohibited manner in a
   49         boating-restricted area; amending s. 327.60, F.S.;
   50         revising provisions limiting regulation by a county or
   51         municipality of the operation, equipment, and other
   52         matters relating to vessels operated upon the waters
   53         of this state; prohibiting certain county or
   54         municipality ordinances or regulations; amending s.
   55         327.65, F.S.; correcting a cross reference; creating
   56         s. 327.66, F.S.; prohibiting possessing or operating a
   57         vessel equipped with certain fuel containers or
   58         related equipment; prohibiting transporting fuel in a
   59         vessel except in compliance with certain federal
   60         regulations; providing penalties; declaring fuel
   61         transported in violation of such prohibitions to be a
   62         public nuisance and directing the enforcing agency to
   63         abate the nuisance; providing for disposal of the
   64         containers and fuel; declaring conveyances, vessels,
   65         vehicles, and equipment used in such violation to be
   66         contraband; providing for seizure of the contraband;
   67         defining the term “conviction” for specified purposes;
   68         providing for costs to remove fuel, containers,
   69         vessels, and equipment to be paid by the owner;
   70         providing that a person who fails to pay such cost
   71         shall not be issued a certificate of registration for
   72         a vessel or motor vehicle; amending s. 327.70, F.S.;
   73         providing for the mailing of citations; amending s.
   74         327.73, F.S.; revising provisions for citation of a
   75         noncriminal infraction to provide for violations
   76         relating to boating-restricted areas and speed limits;
   77         revising provisions relating to establishment of such
   78         limits by counties and municipalities; amending s.
   79         328.03, F.S.; requiring vessels used or stored on the
   80         waters of this state to be titled by this state
   81         pursuant to specified provisions; providing
   82         exceptions; amending s. 328.07, F.S.; requiring
   83         certain vessels used or stored on the waters of this
   84         state to have affixed a hull identification number;
   85         providing that a vessel in violation may be seized and
   86         subject to forfeiture; amending ss. 328.46, 328.48,
   87         and 328.56, F.S.; requiring vessels operated, used, or
   88         stored on the waters of this state to be registered
   89         and display the registration number; providing
   90         exceptions; amending s. 328.58, F.S., relating to
   91         reciprocity of nonresident or alien vessels; requiring
   92         the owner of a vessel with a valid registration from
   93         another state, a vessel with a valid registration from
   94         the United States Coast Guard in another state, or a
   95         federally documented vessel from another state to
   96         record the registration number with the Department of
   97         Highway Safety and Motor Vehicles when using or
   98         storing the vessel on the waters of this state in
   99         excess of the 90-day reciprocity period; amending s.
  100         328.60, F.S.; providing an exception to registration
  101         requirements for military personnel using or storing
  102         on the waters of this state a vessel with a valid
  103         registration from another state, a vessel with a valid
  104         registration from the United States Coast Guard in
  105         another state, or a federally documented vessel from
  106         another state; amending s. 328.65, F.S.; revising
  107         legislative intent with respect to registration and
  108         numbering of vessels; amending s. 328.66, F.S.;
  109         authorizing a county to impose an annual registration
  110         fee on vessels used on the waters of this state within
  111         its jurisdiction; amending s. 328.72, F.S.; providing
  112         noncriminal penalties for use or storage of a
  113         previously registered vessel after the expiration of
  114         the registration period; exempting vessels lawfully
  115         stored at a dock or in a marina; amending ss. 369.20,
  116         369.22, and 369.25, F.S.; providing that the
  117         commission has the authority to enforce statutes
  118         relating to aquatic weeds and plants; amending s.
  119         379.304, F.S.; providing that anyone violating the
  120         provisions governing the sale or exhibition of
  121         wildlife is subject to specified penalties relating to
  122         captive wildlife; amending s. 379.338, F.S.;
  123         authorizing an investigating law enforcement agency to
  124         dispose of illegally taken wildlife, freshwater fish,
  125         or saltwater fish in certain specified ways; requiring
  126         that live wildlife, freshwater fish, and saltwater
  127         fish be properly documented as evidence and returned
  128         to the habitat unharmed; requiring that nonnative
  129         species be disposed of in accordance with rules of the
  130         Fish and Wildlife Conservation Commission; providing
  131         for the disposition of furs and hides; requiring that
  132         the proceeds of sales be deposited in the State Game
  133         Trust Fund or the Marine Resources Conservation Trust
  134         Fund; requiring the Fish and Wildlife Conservation
  135         Commission to give to a state, municipal, or county
  136         law enforcement agency that enforces or assists the
  137         commission in enforcing the law all or a portion of
  138         the value of any property forfeited during an
  139         enforcement action; creating s. 379.3381, F.S.;
  140         providing that photographs of wildlife or freshwater
  141         or saltwater fish may be offered into evidence to the
  142         same extent as if the wildlife, freshwater fish, or
  143         saltwater fish were directly introduced as evidence;
  144         requiring that the photograph be accompanied by a
  145         writing containing specified information relating to
  146         the illegal seizure of the wildlife or freshwater or
  147         saltwater fish; requiring that the wildlife or
  148         freshwater or saltwater fish be disposed of as
  149         provided by law; amending s. 379.353, F.S.; providing
  150         that a resident of this state is exempt from paying
  151         certain recreational licenses if the person is
  152         eligible for Medicaid services and has been issued an
  153         identification card by the Agency for Health Care
  154         Administration; amending s. 379.354, F.S.; providing
  155         for an annual resident shoreline fishing license and
  156         fee; authorizing the commission to use proceeds of
  157         specified hunting, fishing, and recreational licenses
  158         for certain purposes; increasing the fee amounts for
  159         waterfowl, wild turkey, snook, spiny lobster,
  160         management area, special use, and recreational user
  161         permits; providing for a management area permit and
  162         fee for outdoor recreational activities other than
  163         hunting and fishing; providing for a deer permit and
  164         fee; requiring the commission to prepare an annual
  165         report and submit the report to the Governor and the
  166         Legislature; providing report requirements; repealing
  167         s. 379.2212, F.S.; providing for use of funds for the
  168         Florida wild turkey permit program; amending s.
  169         379.3671, F.S.; providing that if a certificate issued
  170         to a person to use a spiny lobster trap is not renewed
  171         within a specified period, the certificate will be
  172         considered abandoned and revert to the commission;
  173         amending s. 379.3751, F.S.; revising the alligator
  174         trapping agent’s license and the alligator farming
  175         agent’s license to allow the trapper and the farmer to
  176         possess, process, and sell the hides and meat of the
  177         alligator; removing the limitation that an alligator
  178         trapping agent’s license could be issued only in
  179         conjunction with an alligator trapping license;
  180         amending s. 379.3761, F.S.; providing penalties for
  181         the wrongful exhibition or sale of wildlife; amending
  182         s. 379.3762, F.S.; revising penalties for a person who
  183         unlawfully possesses wildlife; amending s. 379.401,
  184         F.S.; making it a level 2 violation for a person to
  185         feed or entice an alligator or crocodile and a level 4
  186         violation for a person to illegally kill, injure, or
  187         capture an alligator or crocodile; amending s.
  188         379.4015, F.S.; making it a level 2 violation for a
  189         person to illegally exhibit of sell wildlife;
  190         requiring the commission to establish a pilot program
  191         for regulating the anchoring or mooring of non-live
  192         aboard vessels outside public mooring fields;
  193         providing geographic regions for the pilot project;
  194         specifying the goals of the pilot program; providing
  195         requirements; requiring a report to the Governor and
  196         Legislature; creating s. 379.501, F.S.; providing
  197         penalties for unlawfully disturbing aquatic weeds and
  198         plants; providing that a person is liable to the state
  199         for any damage caused to the aquatic weeds or plants
  200         and for civil penalties; providing that if a person
  201         willfully harm aquatic weeds and plants he or she
  202         commits a felony of the third degree; providing
  203         criminal penalties; creating s. 379.502, F.S.;
  204         authorizing the commission to seek judicial or
  205         administrative remedies for unlawfully disturbing
  206         aquatic weeds and plants; providing for procedures;
  207         authorizing a respondent to request mediation;
  208         providing for an award of attorney’s fees; providing
  209         requirements for calculating administrative penalties;
  210         providing for the administrative law judge to consider
  211         evidence of mitigation; requiring that penalties be
  212         deposited into the Invasive Plant Control Trust Fund;
  213         creating s. 379.503, F.S.; authorizing the commission
  214         to seek injunctive relief; providing that the judicial
  215         and administrative remedies are alternative and
  216         mutually exclusive; creating s. 379.504, F.S.;
  217         providing that anyone who unlawfully disturbs aquatic
  218         weeds or plants is subject to civil penalties;
  219         authorizing a court to impose a civil penalty for each
  220         offense in an amount not to exceed $10,000 per
  221         offense; providing for joint and several liability;
  222         providing for determining the value of fish killed for
  223         purposes of assessing damages; amending s. 403.088,
  224         F.S.; requiring the commission to approve a program
  225         intended to control aquatic weeds or algae; providing
  226         for a type II transfer of the Bureau of Invasive Plant
  227         Management in the Department of Environmental
  228         Protection to the Fish and Wildlife Conservation
  229         Commission; providing for the transfer of the Invasive
  230         Plant Control Trust Fund to the Fish and Wildlife
  231         Conservation Commission; reenacting s. 379.209(2),
  232         F.S., relating to funds credited to the Nongame
  233         Wildlife Trust Fund, to incorporate an amendment made
  234         to s. 319.32 F.S., in a reference thereto; reenacting
  235         s. 379.3581(7), F.S., relating to hunting safety, to
  236         incorporate the amendment made to s. 379.353, F.S., in
  237         a reference thereto; providing an appropriation;
  238         repealing s. 327.22, F.S.; repealing s. 379.366(7),
  239         F.S.; to abrogate the expiration of provisions
  240         imposing blue crab effort management program fees and
  241         penalties; providing effective dates.
  242  
  243  Be It Enacted by the Legislature of the State of Florida:
  244  
  245         Section 1. Paragraph (a) of subsection (1) of section
  246  206.606, Florida Statutes, is amended to read:
  247         206.606 Distribution of certain proceeds.—
  248         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  249  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  250  Fund. Such moneys, after deducting the service charges imposed
  251  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  252  administrative costs incurred by the department in collecting,
  253  administering, enforcing, and distributing the tax, which
  254  administrative costs may not exceed 2 percent of collections,
  255  shall be distributed monthly to the State Transportation Trust
  256  Fund, except that:
  257         (a) $6.30 million shall be transferred to the Fish and
  258  Wildlife Conservation Commission in each fiscal year and
  259  deposited in the Invasive Plant Control Trust Fund to be used
  260  for aquatic plant management, including nonchemical control of
  261  aquatic weeds, research into nonchemical controls, and
  262  enforcement activities. Beginning in fiscal year 1993-1994, The
  263  commission department shall allocate at least $1 million of such
  264  funds to the eradication of melaleuca.
  265         Section 2. Section 253.002, Florida Statutes, is amended to
  266  read
  267         253.002 Department of Environmental Protection, water
  268  management districts, and Department of Agriculture and Consumer
  269  Services, and Fish and Wildlife Conservation Commission; duties
  270  with respect to state lands.—
  271         (1) The Department of Environmental Protection shall
  272  perform all staff duties and functions related to the
  273  acquisition, administration, and disposition of state lands,
  274  title to which is or will be vested in the Board of Trustees of
  275  the Internal Improvement Trust Fund. However, upon the effective
  276  date of rules adopted pursuant to s. 373.427, a water management
  277  district created under s. 373.069 shall perform the staff duties
  278  and functions related to the review of any application for
  279  authorization to use board of trustees-owned submerged lands
  280  necessary for an activity regulated under part IV of chapter 373
  281  for which the water management district has permitting
  282  responsibility as set forth in an operating agreement adopted
  283  pursuant to s. 373.046(4); and the Department of Agriculture and
  284  Consumer Services shall perform the staff duties and functions
  285  related to the review of applications and compliance with
  286  conditions for use of board of trustees-owned submerged lands
  287  under authorizations or leases issued pursuant to ss. 253.67
  288  253.75 and 597.010. Unless expressly prohibited by law, the
  289  board of trustees may delegate to the department any statutory
  290  duty or obligation relating to the acquisition, administration,
  291  or disposition of lands, title to which is or will be vested in
  292  the board of trustees. The board of trustees may also delegate
  293  to any water management district created under s. 373.069 the
  294  authority to take final agency action, without any action on
  295  behalf of the board, on applications for authorization to use
  296  board of trustees-owned submerged lands for any activity
  297  regulated under part IV of chapter 373 for which the water
  298  management district has permitting responsibility as set forth
  299  in an operating agreement adopted pursuant to s. 373.046(4).
  300  This water management district responsibility under this
  301  subsection shall be subject to the department’s general
  302  supervisory authority pursuant to s. 373.026(7). The board of
  303  trustees may also delegate to the Department of Agriculture and
  304  Consumer Services the authority to take final agency action on
  305  behalf of the board on applications to use board of trustees
  306  owned submerged lands for any activity for which that department
  307  has responsibility pursuant to ss. 253.67-253.75, and 597.010,
  308  and ss. 369.25-369.251. However, the board of trustees shall
  309  retain the authority to take final agency action on establishing
  310  any areas for leasing, new leases, expanding existing lease
  311  areas, or changing the type of lease activity in existing
  312  leases. Upon issuance of an aquaculture lease or other real
  313  property transaction relating to aquaculture, the Department of
  314  Agriculture and Consumer Services must send a copy of the
  315  document and the accompanying survey to the Department of
  316  Environmental Protection. The board of trustees may also
  317  delegate to the Fish and Wildlife Conservation Commission the
  318  authority to take final agency action, without any action on
  319  behalf of the board, on applications for authorization to use
  320  board of trustees-owned submerged lands for any activity
  321  regulated under ss. 369.20 and 369.22 s. 369.20.
  322         (2) Delegations to the department, or a water management
  323  district, or the Department of Agriculture and Consumer Services
  324  of authority to take final agency action on applications for
  325  authorization to use submerged lands owned by the board of
  326  trustees, without any action on behalf of the board of trustees,
  327  shall be by rule. Until rules adopted pursuant to this
  328  subsection become effective, existing delegations by the board
  329  of trustees shall remain in full force and effect. However, the
  330  board of trustees is not limited or prohibited from amending
  331  these delegations. The board of trustees shall adopt by rule any
  332  delegations of its authority to take final agency action without
  333  action by the board of trustees on applications for
  334  authorization to use board of trustees-owned submerged lands.
  335  Any final agency action, without action by the board of
  336  trustees, taken by the department, or a water management
  337  district, or the Department of Agriculture and Consumer Services
  338  on applications to use board of trustees-owned submerged lands
  339  shall be subject to the provisions of s. 373.4275.
  340  Notwithstanding any other provision of this subsection, the
  341  board of trustees, the Department of Legal Affairs, and the
  342  department retain the concurrent authority to assert or defend
  343  title to submerged lands owned by the board of trustees.
  344         Section 3. Effective October 1, 2009, renumber subsections
  345  (4) through (7) of section 253.04, Florida Statutes, as (5)
  346  through (8) and create new subsection (4) of that section to
  347  read:
  348         253.04 Duty of board to protect, etc., state lands; state
  349  may join in any action brought.—
  350         (4)(a) The duty to conserve and improve state-owned lands
  351  and the products thereof shall include the preservation and
  352  regeneration of seagrass, which is deemed essential to the
  353  oceans, gulfs, estuaries, and shorelines of the state. A person
  354  operating a vessel outside a lawfully marked channel in a
  355  careless manner that causes seagrass scarring within an aquatic
  356  preserve established in ss. 258.39-258.399, with the exception
  357  of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
  358  Springs aquatic preserves, commits a noncriminal infraction,
  359  punishable as provided in s. 327.73. Each violation is a
  360  separate offense. As used in this subsection, the term:
  361         1. “Seagrass scarring” means destruction of seagrass roots,
  362  shoots, or stems that results in tracks on the substrate, caused
  363  by the operation of a motorized vessel in waters supporting
  364  seagrasses, commonly referred to as prop scars or propeller
  365  scars.
  366         2. “Seagrass” means Cuban shoal grass (Halodule wrightii),
  367  turtle grass (Thalassia testudinum), manatee grass (Syringodium
  368  filiforme), star grass (Halophila engelmannii), paddle grass
  369  (Halophila decipiens), Johnsons seagrass (Halophila johnsonii),
  370  or widgeon grass (Ruppia maritima).
  371         (b) Any violation under paragraph (a) is a violation of the
  372  vessel laws of this state and shall be charged on a uniform
  373  boating citation as provided in s. 327.74. Any person who
  374  refuses to post a bond or accept and sign a uniform boating
  375  citation commits a misdemeanor of the second degree, as provided
  376  in s. 327.73(3), punishable as provided in s. 775.082 or s.
  377  775.083.
  378         Section 4. Effective September 1, 2009, subsection (3) of
  379  section 319.32, Florida Statutes, is amended to read:
  380         319.32 Fees; service charges; disposition.—
  381         (3) The department shall charge a fee of $10 $4 in addition
  382  to that charged in subsection (1) for each original certificate
  383  of title issued for a vehicle previously registered outside this
  384  state.
  385         Section 5. Effective September 1, 2009, paragraphs (a) and
  386  (x) of subsection (4) of section 320.08056, Florida Statutes,
  387  are amended to read:
  388         320.08056 Specialty license plates.—
  389         (4) The following license plate annual use fees shall be
  390  collected for the appropriate specialty license plates:
  391         (a) Manatee license plate, $25 $20.
  392         (x) Conserve Wildlife license plate, $25 $15.
  393         Section 6. Subsection (17) of section 327.02, Florida
  394  Statutes, is amended to read:
  395         327.02 Definitions of terms used in this chapter and in
  396  chapter 328.—As used in this chapter and in chapter 328, unless
  397  the context clearly requires a different meaning, the term:
  398         (17) “Live-aboard vessel” means:
  399         (a) Any vessel used solely as a residence and not for
  400  navigation; or
  401         (b) Any vessel represented as a place of business, a
  402  professional or other commercial enterprise;, or a legal
  403  residence.
  404         (c) Any vessel for which a declaration of domicile has been
  405  filed pursuant to s. 222.17.
  406  
  407  A commercial fishing boat is expressly excluded from the term
  408  “live-aboard vessel.”
  409         Section 7. Subsection (4) of section 327.35, Florida
  410  Statutes, is amended to read:
  411         327.35 Boating under the influence; penalties; “designated
  412  drivers”.—
  413         (1) A person is guilty of the offense of boating under the
  414  influence and is subject to punishment as provided in subsection
  415  (2) if the person is operating a vessel within this state and:
  416         (a) The person is under the influence of alcoholic
  417  beverages, any chemical substance set forth in s. 877.111, or
  418  any substance controlled under chapter 893, when affected to the
  419  extent that the person’s normal faculties are impaired;
  420         (b) The person has a blood-alcohol level of 0.08 or more
  421  grams of alcohol per 100 milliliters of blood; or
  422         (c) The person has a breath-alcohol level of 0.08 or more
  423  grams of alcohol per 210 liters of breath.
  424         (4) Any person who is convicted of a violation of
  425  subsection (1) and who has a blood-alcohol level or breath
  426  alcohol level of 0.15 0.20 or higher, or any person who is
  427  convicted of a violation of subsection (1) and who at the time
  428  of the offense was accompanied in the vessel by a person under
  429  the age of 18 years, shall be punished:
  430         (a) By a fine of:
  431         1. Not less than $1,000 or more than $2,000 for a first
  432  conviction.
  433         2. Not less than $2,000 or more than $4,000 for a second
  434  conviction.
  435         3. Not less than $4,000 for a third or subsequent
  436  conviction.
  437         (b) By imprisonment for:
  438         1. Not more than 9 months for a first conviction.
  439         2. Not more than 12 months for a second conviction.
  440  
  441  For the purposes of this subsection, only the instant offense is
  442  required to be a violation of subsection (1) by a person who has
  443  a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
  444  higher.
  445         Section 8. Paragraph (a) of subsection (2) of section
  446  327.36, Florida Statutes, is amended to read:
  447         327.36 Mandatory adjudication; prohibition against
  448  accepting plea to lesser included offense.—
  449         (2)(a) No trial judge may accept a plea of guilty to a
  450  lesser offense from a person who is charged with a violation of
  451  s. 327.35, manslaughter resulting from the operation of a
  452  vessel, or vessel homicide and who has been given a breath or
  453  blood test to determine blood or breath alcohol content, the
  454  results of which show a blood-alcohol level or breath-alcohol
  455  level of 0.15 0.16 or more.
  456         Section 9. Effective January 1, 2010, section 327.395,
  457  Florida Statutes, is amended to read:
  458         327.395 Boating safety identification cards.—
  459         (1) A person born on or after January 1, 1988, 21 years of
  460  age or younger may not operate a vessel powered by a motor of 10
  461  horsepower or greater unless such person has in his or her
  462  possession aboard the vessel photographic identification and a
  463  boater safety identification card issued by the commission which
  464  shows that he or she has:
  465         (a) Completed a commission-approved boater education course
  466  that meets the minimum 8-hour instruction requirement
  467  established by the National Association of State Boating Law
  468  Administrators;
  469         (b) Passed a course equivalency examination approved by the
  470  commission; or
  471         (c) Passed a temporary certificate examination developed or
  472  approved by the commission.
  473         (2) Any person may obtain a boater safety identification
  474  card by complying with the requirements of this section.
  475         (3) Any commission-approved boater education or boater
  476  safety course, course-equivalency examination developed or
  477  approved by the commission, or temporary certificate examination
  478  developed or approved by the commission must include a component
  479  regarding diving vessels, awareness of divers in the water,
  480  divers-down flags, and the requirements of s. 327.331.
  481         (4) The commission may appoint liveries, marinas, or other
  482  persons as its agents to administer the course, course
  483  equivalency examination, or temporary certificate examination
  484  and issue identification cards under guidelines established by
  485  the commission. An agent must charge the $2 examination fee,
  486  which must be forwarded to the commission with proof of passage
  487  of the examination and may charge and keep a $1 service fee.
  488         (5) An identification card issued to a person who has
  489  completed a boating education course or a course equivalency
  490  examination is valid for life. A card issued to a person who has
  491  passed a temporary certification examination is valid for 12
  492  months from the date of issuance.
  493         (6) A person is exempt from subsection (1) if he or she:
  494         (a) Is licensed by the United States Coast Guard to serve
  495  as master of a vessel.
  496         (b) Operates a vessel only on a private lake or pond.
  497         (c) Is accompanied in the vessel by a person who is exempt
  498  from this section or who holds an identification card in
  499  compliance with this section, is 18 years of age or older, and
  500  is attendant to the operation of the vessel and responsible for
  501  the safe operation of the vessel and for any violation that
  502  occurs during the operation.
  503         (d) Is a nonresident who has in his or her possession proof
  504  that he or she has completed a boater education course or
  505  equivalency examination in another state which meets or exceeds
  506  the requirements of subsection (1).
  507         (e) Is operating a vessel within 90 days after the purchase
  508  of that vessel and has available for inspection aboard that
  509  vessel a bill of sale meeting the requirements of s. 328.46(1).
  510         (f)(e) Is exempted by rule of the commission.
  511         (7) A person who operates a vessel in violation of
  512  subsection (1) commits violates this section is guilty of a
  513  noncriminal infraction, punishable as provided in s. 327.73.
  514         (8) The commission shall design forms and adopt rules to
  515  administer this section. Such rules shall include provision for
  516  educational and other public and private entities to offer the
  517  course and administer examinations.
  518         (9) The commission shall institute and coordinate a
  519  statewide program of boating safety instruction and
  520  certification to ensure that boating courses and examinations
  521  are available in each county of the state.
  522         (10) The commission is authorized to establish and to
  523  collect a $2 examination fee to cover administrative costs.
  524         (11) The commission is authorized to adopt rules pursuant
  525  to chapter 120 to implement the provisions of this section.
  526         (12) This section may be cited as the “Osmany ‘Ozzie’
  527  Castellanos Boating Safety Education Act.”
  528         Section 10. Effective October 1, 2009, section 327.40,
  529  Florida Statutes, is amended to read:
  530         327.40 Uniform waterway markers for safety and navigation;
  531  informational markers.—
  532         (1) Waters of this state Waterways in Florida which need
  533  marking for safety or navigation purposes shall be marked only
  534  in conformity with under the United States Aids to Navigation
  535  System, 33 C.F.R. part 62. Until December 31, 2003, channel
  536  markers and obstruction markers conforming to the Uniform State
  537  Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
  538  to be used on waters of this state that are not navigable waters
  539  of the United States.
  540         (2)(a) Application for marking inland lakes and state
  541  waters and any navigable waters under concurrent jurisdiction of
  542  the Coast Guard and the division shall be made to the division,
  543  accompanied by a map locating the approximate placement of
  544  markers, a list of the markers to be placed, a statement of the
  545  specification of the markers, a statement of the purpose of
  546  marking, and the names of persons responsible for the placement
  547  and upkeep of such markers. The division will assist the
  548  applicant to secure the proper permission from the Coast Guard
  549  where required, make such investigations as needed, and issue a
  550  permit. The division shall furnish the applicant with the
  551  information concerning the system adopted and the rules existing
  552  for placing and maintaining the markers. The division shall keep
  553  records of all approvals given and counsel with individuals,
  554  counties, municipalities, motorboat clubs, or other groups
  555  desiring to mark waterways for safety and navigation purposes in
  556  Florida.
  557         (b)1. No person or municipality, county, or other
  558  governmental entity shall place any uniform waterway marker
  559  safety or navigation markers in, on, or over the waters or
  560  shores of the state without a permit from the division.
  561         2. The placement of information informational markers,
  562  including, but not limited to, markers indicating end of boat
  563  ramp, no swimming, swimming area, lake name, trash receptacle,
  564  public health notice, or underwater hazard and canal,
  565  regulatory, emergency, and special event markers, by counties,
  566  municipalities, or other governmental entities on inland lakes
  567  and their associated canals are exempt from permitting under
  568  this section. Such markers, excluding swimming area and special
  569  event markers, may be no more than 50 feet from the normal
  570  shoreline.
  571         (c) The commission is authorized to adopt rules pursuant to
  572  chapter 120 to implement this section.
  573         (3) The placement under this section or s. 327.41 of any
  574  uniform waterway marker safety or navigation marker or any
  575  informational marker under subparagraph (2)(b)2. on state
  576  submerged lands under this section does not subject such lands
  577  to the lease requirements of chapter 253.
  578         Section 11. Effective October 1, 2009, subsection (2) of
  579  section 327.41, Florida Statutes, is amended to read:
  580         327.41 Uniform waterway regulatory markers.—
  581         (2) Any county or municipality which has been granted a
  582  boating-restricted restricted area designation, by rule of the
  583  commission pursuant to s. 327.46(1)(a), for a portion of the
  584  Florida Intracoastal Waterway within its jurisdiction or which
  585  has adopted a boating-restricted restricted area by ordinance
  586  pursuant to s. 327.46(1)(b) or (c) s. 327.22, s. 327.60, or s.
  587  379.2431(2)(p), or any other governmental entity which has
  588  legally established a boating-restricted restricted area, may
  589  apply to the commission for permission to place regulatory
  590  markers within the boating-restricted restricted area.
  591         Section 12. Effective October 1, 2009, section 327.42,
  592  Florida Statutes, is amended to read:
  593         327.42 Mooring to or damaging of uniform waterway markers
  594  or buoys prohibited.—
  595         (1) No person shall moor or fasten a vessel to a lawfully
  596  placed uniform waterway aid-to-navigation marker or
  597  buoy,regulatory marker or buoy, or area boundary marker or buoy,
  598  placed or erected by any governmental agency , except in case of
  599  emergency or with the written consent of the marker’s owner.
  600         (2) No person shall willfully damage, alter, or move a
  601  lawfully placed uniform waterway aid-to-navigation marker or
  602  buoy, regulatory marker or buoy, or area boundary marker or
  603  buoy.
  604         Section 13. Effective October 1, 2009, section 327.46,
  605  Florida Statutes, is amended to read:
  606         327.46 Boating-restricted Restricted areas.—
  607         (1) Boating-restricted The commission has the authority to
  608  establish by rule, pursuant to chapter 120, restricted areas,
  609  including, but not limited to, restrictions of vessel speeds and
  610  vessel traffic, may be established on the waters of this the
  611  state for any purpose deemed necessary to protect for the safety
  612  of the public, including, but not limited to, vessel speeds and
  613  vessel traffic, where such restrictions are deemed necessary
  614  based on boating accidents, visibility, hazardous currents or
  615  water levels, vessel traffic congestion, or other navigational
  616  hazards.
  617         (a) The commission may establish boating-restricted areas
  618  by rule, pursuant to chapter 120.
  619         (b) Municipalities and counties have the authority to
  620  establish the following boating-restricted areas by ordinance:
  621         1. An ordinance establishing an Idle Speed-No Wake boating
  622  restricted area, if the area is:
  623         a. Within 500 feet of any boat ramp, hoist, marine railway,
  624  or other launching or landing facility available for use by the
  625  general boating public on waterways more than 300 feet in width
  626  or within 300 feet of any boat ramp, hoist, marine railway, or
  627  other launching or landing facility available for use by the
  628  general boating public on waterways not exceeding 300 feet in
  629  width.
  630         b. Within 500 feet of fuel pumps or dispensers at any
  631  marine fueling facility that sells motor fuel to the general
  632  boating public on waterways more than 300 feet in width or
  633  within 300 feet of the fuel pumps or dispensers at any licensed
  634  terminal facility that sells motor fuel to the general boating
  635  public on waterways not exceeding 300 feet in width.
  636         c. Inside or within 300 feet of any lock structure.
  637         2. An ordinance establishing a Slow Speed Minimum Wake
  638  boating-restricted area if the area is:
  639         a. Within 300 feet of any bridge fender system.
  640         b. Within 300 feet of any bridge span presenting a vertical
  641  clearance of less than 25 feet or a horizontal clearance of less
  642  than 100 feet.
  643         c. On a creek, stream, canal, or similar linear waterway
  644  where the waterway is less than 75 feet in width from shoreline
  645  to shoreline.
  646         d. On a lake or pond of less than 10 acres in total surface
  647  area.
  648         3. An ordinance establishing a vessel exclusion zone if the
  649  area is:
  650         a. Designated as a public bathing beach or swim area.
  651         b. Within 300 feet of a dam, spillway, or flood-control
  652  structure.
  653         (c) Municipalities and counties have the authority to
  654  establish by ordinance the following other boating-restricted
  655  areas:
  656         1. An ordinance establishing an Idle Speed-No Wake boating
  657  restricted area, if the area is within 300 feet of a confluence
  658  of water bodies presenting a blind corner, a bend in a narrow
  659  channel or fairway, or such other area where an intervening
  660  obstruction to visibility may obscure other vessels or other
  661  users of the waterway.
  662         2. An ordinance establishing a Slow Speed Minimum Wake or a
  663  numerical speed limit boating-restricted area if the area is:
  664         a. Within 300 feet of a confluence of water bodies
  665  presenting a blind corner, a bend in a narrow channel or
  666  fairway, or such other area where an intervening obstruction to
  667  visibility may obscure other vessels or other users of the
  668  waterway.
  669         b. Subject to unsafe levels of vessel traffic congestion.
  670         c. Subject to hazardous water levels or currents, or
  671  containing other navigational hazards.
  672         d. An area that accident reports, uniform boating
  673  citations, vessel traffic studies, or other creditable data
  674  demonstrate to present a significant risk of collision or a
  675  significant threat to boating safety.
  676         3. An ordinance establishing a vessel-exclusion zone if the
  677  area is reserved exclusively:
  678         a. As a canoe trail or otherwise limited to vessels under
  679  oars or under sail.
  680         b. For a particular activity and user group, separation
  681  must be imposed to protect the safety of those participating in
  682  such activity.
  683  
  684  Any of the ordinances adopted pursuant to this paragraph shall
  685  not take effect until the commission has reviewed the ordinance
  686  and determined by substantial competent evidence that the
  687  ordinance is necessary to protect public safety pursuant to this
  688  paragraph. Any application for approval of an ordinance shall be
  689  reviewed and acted upon within 90 days after receipt of a
  690  completed application. Within 30 days after a municipality or
  691  county submits an application for approval to the commission,
  692  the commission shall advise the municipality or county as to
  693  what information, if any, is needed to deem the application
  694  properly completed. An application shall be considered complete
  695  upon receipt of all requested information and correction of any
  696  error or omission for which the applicant was timely notified or
  697  when the time for such notification has expired. The
  698  commission’s action on the application is subject to review
  699  under chapter 120. The commission shall initiate rulemaking
  700  within 180 days after the effective date of this act to provide
  701  criteria and procedures for reviewing applications submitted
  702  under this part and procedures for providing for public notice
  703  and participation.
  704         (2) Each such boating-restricted restricted area shall be
  705  developed in consultation and coordination with the governing
  706  body of the county or municipality in which the boating
  707  restricted restricted area is located and, when the boating
  708  restricted area is to be on the navigable waters of the United
  709  States where required, with the United States Coast Guard and
  710  the United States Army Corps of Engineers.
  711         (3)(2) It is unlawful for any person to operate a vessel in
  712  a prohibited manner or to carry on any prohibited activity, as
  713  defined in this chapter, deemed a safety hazard or interference
  714  with navigation as provided above within a boating-restricted
  715  restricted water area that which has been clearly marked by
  716  regulatory markers as authorized under this chapter.
  717         (4)(3)Restrictions in a boating-restricted area
  718  established pursuant to this section shall not apply in the case
  719  of an emergency or to a law enforcement, firefighting, or rescue
  720  vessel owned or operated by a governmental entity.
  721         Section 14. Effective October 1, 2009, section 327.60,
  722  Florida Statutes, is amended to read:
  723         327.60 Local regulations; limitations.—
  724         (1) The provisions of this chapter and chapter 328 ss.
  725  327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
  726  327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
  727  govern the operation, equipment, and all other matters relating
  728  thereto whenever any vessel shall be operated upon the waters of
  729  this state waterways or when any activity regulated hereby shall
  730  take place thereon.
  731         (2) Nothing in this chapter or chapter 328 these sections
  732  shall be construed to prevent the adoption of any ordinance or
  733  local regulation law relating to operation and equipment of
  734  vessels, except that no county or municipality shall enact,
  735  continue in effect, or enforce any ordinance or local
  736  regulation:
  737         (a) Establishing a vessel or associated equipment
  738  performance or other safety standard, imposing a requirement for
  739  associated equipment, or regulating the carrying or use of
  740  marine safety articles;
  741         (b) With respect to the design, manufacture, installation,
  742  or use of any marine sanitation device on any vessel;
  743         (c) Regulating any vessel upon the Florida Intracoastal
  744  Waterway;
  745         (d) Discriminating against personal watercraft;
  746         (e) Discriminating against airboats, for ordinances adopted
  747  after July 1, 2006, unless adopted by a two-thirds vote of the
  748  governing body enacting such ordinance;
  749         (f) Regulating the anchoring of vessels other than live
  750  aboard vessels outside the marked boundaries of mooring fields
  751  permitted as provided in s. 327.40;
  752         (g) Regulating engine or exhaust noise, except as provided
  753  in s. 327.65; or
  754         (h) That is in conflict with this chapter or any amendments
  755  thereto or rules thereunder. no such ordinance or local law may
  756  apply to the Florida Intracoastal Waterway and except that such
  757  ordinances or local laws shall be operative only when they are
  758  not in conflict with this chapter or any amendments thereto or
  759  regulations thereunder. Any ordinance or local law which has
  760  been adopted pursuant to this section or to any other state law
  761  may not discriminate against personal watercraft as defined in
  762  s. 327.02. Effective July 1, 2006, any ordinance or local law
  763  adopted pursuant to this section or any other state law may not
  764  discriminate against airboats except by a two-thirds vote of the
  765  governing body enacting such ordinance.
  766         (3)(2) Nothing contained in the provisions of this section
  767  shall be construed to prohibit local governmental authorities
  768  from the enactment or enforcement of regulations which prohibit
  769  or restrict the mooring or anchoring of floating structures or
  770  live-aboard vessels within their jurisdictions or of any vessels
  771  within the marked boundaries of mooring fields permitted as
  772  provided in s. 327.40. However, local governmental authorities
  773  are prohibited from regulating the anchoring outside of such
  774  mooring fields of vessels other than live-aboard vessels as
  775  defined in s. 327.02 non-live-aboard vessels in navigation.
  776         Section 15. Paragraph (1) of subsection (2) of section
  777  327.65, Florida Statutes, is amended to read
  778         327.65 Muffling devices.—
  779         (2)(a) Any county wishing to impose additional noise
  780  pollution and exhaust regulations on vessels may, pursuant to s.
  781  327.60(2)(1), adopt by county ordinance the following
  782  regulations:
  783         1. No person shall operate or give permission for the
  784  operation of any vessel on the waters of any county or on a
  785  specified portion of the waters of any county, including the
  786  Florida Intracoastal Waterway, which has adopted the provisions
  787  of this section in such a manner as to exceed the following
  788  sound levels at a distance of 50 feet from the vessel: for all
  789  vessels, a maximum sound level of 90 dB A.
  790         2. Any person who refuses to submit to a sound level test
  791  when requested to do so by a law enforcement officer is guilty
  792  of a misdemeanor of the second degree, punishable as provided in
  793  s. 775.082 or s. 775.083.
  794         (b) The following words and phrases, when used in this
  795  section, shall have the meanings respectively assigned to them
  796  in this subsection.
  797         1. “dB A” means the composite abbreviation for the A
  798  weighted sound level and the unit of sound level, the decibel.
  799         2. “Sound level” means the A-weighted sound pressure level
  800  measured with fast response using an instrument complying with
  801  the specification for sound level meters of the American
  802  National Standards Institute, Inc., or its successor bodies,
  803  except that only a weighting and fast dynamic response need be
  804  provided.
  805         Section 16. Section 327.66, Florida Statutes, is created to
  806  read:
  807         327.66 Carriage of gasoline on vessels.—
  808         (1)(a) A person shall not:
  809         1. Possess or operate any vessel that has been equipped
  810  with tanks, bladders, drums, or other containers designed or
  811  intended to hold gasoline, or install or maintain such
  812  containers in a vessel, if such containers do not conform to
  813  federal regulations or have not been approved by the United
  814  States Coast Guard by inspection or special permit.
  815         2. Transport any gasoline in an approved portable container
  816  when the container is in a compartment that is not ventilated in
  817  strict compliance with United States Coast Guard regulations
  818  pertaining to ventilation of compartments containing gasoline
  819  tanks.
  820         (b) A person who violates paragraph (a) commits a
  821  misdemeanor of the second degree, punishable as provided in s.
  822  775.082 or s. 775.083.
  823         (2)(a) Gasoline possessed or transported in violation of
  824  this section and all containers holding such gasoline are
  825  declared to be a public nuisance. A law enforcement agency
  826  discovering gasoline possessed or transported in violation of
  827  paragraph (1)(a) shall abate the nuisance by removing the
  828  gasoline and containers from the vessel and from the waters of
  829  this state. A law enforcement agency that removes gasoline or
  830  containers pursuant to this subsection may elect to:
  831         1. Retain the property for the agency’s own use;
  832         2. Transfer the property to another unit of state or local
  833  government;
  834         3. Donate the property to a charitable organization; or
  835         4. Sell the property at public sale pursuant to s. 705.103.
  836         (b) A law enforcement agency that seizes gasoline or
  837  containers pursuant to this subsection shall remove and reclaim,
  838  recycle, or otherwise dispose of the gasoline as soon as
  839  practicable in a safe and proper manner.
  840         (3) All conveyances, vessels, vehicles, and other equipment
  841  described in paragraph (1)(a) or used in the commission of a
  842  violation of paragraph (1)(a), other than gasoline or containers
  843  removed as provided in subsection (2), are declared to be
  844  contraband.
  845         (a) Upon conviction of a person arrested for a violation of
  846  paragraph (1)(a), the judge shall issue an order adjudging and
  847  ordering that all conveyances, vessels, vehicles, and other
  848  equipment used in the violation shall be forfeited to the
  849  arresting agency. The requirement for a conviction before
  850  forfeiture of property establishes to the exclusion of any
  851  reasonable doubt that the property was used in connection with
  852  the violation resulting in the conviction, and the procedures of
  853  chapter 932 do not apply to any forfeiture of property under
  854  this subsection following a conviction.
  855         (b) In the absence of an arrest or conviction, any such
  856  conveyance, vessel, vehicle, or other equipment used in
  857  violation of paragraph (1)(a) shall be subject to seizure and
  858  forfeiture as provided by the Florida Contraband Forfeiture Act.
  859         (c) As used in this subsection, the term “conviction” means
  860  a finding of guilt or the acceptance of a plea of guilty or nolo
  861  contendere, regardless of whether adjudication is withheld or
  862  whether imposition of sentence is withheld, deferred, or
  863  suspended.
  864         (4) All costs incurred by the law enforcement agency in the
  865  removal of any gasoline, gasoline container, other equipment, or
  866  vessel as provided in this section shall be recoverable against
  867  the owner thereof. Any person who neglects or refuses to pay
  868  such amount shall not be issued a certificate of registration
  869  for such vessel or for any other vessel or motor vehicle until
  870  the costs have been paid.
  871         (5) Foreign flagged vessels entering United States waters
  872  and Florida state waters in compliance with 19 USC 1433 are
  873  exempt from this section.
  874         Section 17. Effective October 1, 2009, section 327.70,
  875  Florida Statutes, is amended to read:
  876         327.70 Enforcement of this chapter and chapter 328.—
  877         (1) This chapter and chapter 328 shall be enforced by the
  878  Division of Law Enforcement of the Fish and Wildlife
  879  Conservation Commission and its officers, the sheriffs of the
  880  various counties and their deputies, municipal police officers,
  881  and any other authorized law enforcement officer as defined in
  882  s. 943.10, all of whom may order the removal of vessels deemed
  883  to be an interference or a hazard to public safety, enforce the
  884  provisions of this chapter and chapter 328, or cause any
  885  inspections to be made of all vessels in accordance with this
  886  chapter and chapter 328.
  887         (2)(a) Noncriminal violations of the following statutes may
  888  be enforced by a uniform boating citation mailed to the
  889  registered owner of an unattended vessel anchored, aground, or
  890  moored on the waters of this state:
  891         1. Section 327.33(3)(b), relating to navigation rules.
  892         2. Section 327.44, relating to interference with
  893  navigation.
  894         3. Section 327.50(2), relating to required lights and
  895  shapes.
  896         4. Section 327.53, relating to marine sanitation.
  897         5. Section 328.48(5), relating to display of decal.
  898         6. Section 328.52(2), relating to display of number.
  899         (b) Citations issued to livery vessels under this
  900  subsection shall be the responsibility of the lessee of the
  901  vessel if the livery has included a warning of this
  902  responsibility as a part of the rental agreement and has
  903  provided to the agency issuing the citation the name, address,
  904  and date of birth of the lessee when requested by that agency.
  905  The livery is not responsible for the payment of citations if
  906  the livery provides the required warning and lessee information.
  907         (3) Such officers shall have the power and duty to issue
  908  such orders and to make such investigations, reports, and
  909  arrests in connection with any violation of the provisions of
  910  this chapter and chapter 328 as are necessary to effectuate the
  911  intent and purpose of this chapter and chapter 328.
  912         (4)(3) The Fish and Wildlife Conservation Commission or any
  913  other law enforcement agency may make any investigation
  914  necessary to secure information required to carry out and
  915  enforce the provisions of this chapter and chapter 328.
  916         Section 18. Effective October 1, 2009, subsection (1) of
  917  section 327.73, Florida Statutes, is amended to read:
  918         327.73 Noncriminal infractions.—
  919         (1) Violations of the following provisions of the vessel
  920  laws of this state are noncriminal infractions:
  921         (a) Section 328.46, relating to operation of unregistered
  922  and unnumbered vessels.
  923         (b) Section 328.48(4), relating to display of number and
  924  possession of registration certificate.
  925         (c) Section 328.48(5), relating to display of decal.
  926         (d) Section 328.52(2), relating to display of number.
  927         (e) Section 328.54, relating to spacing of digits and
  928  letters of identification number.
  929         (f) Section 328.60, relating to military personnel and
  930  registration of vessels.
  931         (g) Section 328.72(13), relating to operation with an
  932  expired registration.
  933         (h) Section 327.33(2), relating to careless operation.
  934         (i) Section 327.37, relating to water skiing, aquaplaning,
  935  parasailing, and similar activities.
  936         (j) Section 327.44, relating to interference with
  937  navigation.
  938         (k) Violations relating to boating-restricted restricted
  939  areas and speed limits:
  940         1. Established by the commission or by local governmental
  941  authorities pursuant to s. 327.46.
  942         2. Established by local governmental authorities pursuant
  943  to s. 327.22 or s. 327.60.
  944         2.3. Speed limits established pursuant to s. 379.2431(2).
  945         (l) Section 327.48, relating to regattas and races.
  946         (m) Section 327.50(1) and (2), relating to required safety
  947  equipment, lights, and shapes.
  948         (n) Section 327.65, relating to muffling devices.
  949         (o) Section 327.33(3)(b), relating to navigation rules.
  950         (p) Section 327.39(1), (2), (3), and (5), relating to
  951  personal watercraft.
  952         (q) Section 327.53(1), (2), and (3), relating to marine
  953  sanitation.
  954         (r) Section 327.53(4), (5), and (7), relating to marine
  955  sanitation, for which the civil penalty is $250.
  956         (s) Section 327.395, relating to boater safety education.
  957         (t) Section 327.52(3), relating to operation of overloaded
  958  or overpowered vessels.
  959         (u) Section 327.331, relating to divers-down flags, except
  960  for violations meeting the requirements of s. 327.33.
  961         (v) Section 327.391(1), relating to the requirement for an
  962  adequate muffler on an airboat.
  963         (w) Section 327.391(3), relating to the display of a flag
  964  on an airboat.
  965         (x) Section 253.04(4)(a), relating to carelessly causing
  966  seagrass scarring, for which the civil penalty upon conviction
  967  is:
  968         1. For a first offense, $50.
  969         2. For a second offense occurring within 12 months after a
  970  prior conviction, $250.
  971         3. For a third offense occurring within 36 months after a
  972  prior conviction, $500.
  973         4. For a fourth or subsequent offense occurring within 72
  974  months after a prior conviction, $1,000.
  975  
  976  Any person cited for a violation of any such provision shall be
  977  deemed to be charged with a noncriminal infraction, shall be
  978  cited for such an infraction, and shall be cited to appear
  979  before the county court. The civil penalty for any such
  980  infraction is $50, except as otherwise provided in this section.
  981  Any person who fails to appear or otherwise properly respond to
  982  a uniform boating citation shall, in addition to the charge
  983  relating to the violation of the boating laws of this state, be
  984  charged with the offense of failing to respond to such citation
  985  and, upon conviction, be guilty of a misdemeanor of the second
  986  degree, punishable as provided in s. 775.082 or s. 775.083. A
  987  written warning to this effect shall be provided at the time
  988  such uniform boating citation is issued.
  989         Section 19. Effective October 1, 2009, subsection (1) of
  990  section 327.731, Florida Statutes, is amended to read:
  991         327.731 Mandatory education for violators.—
  992         (1) Every person convicted of a criminal violation of this
  993  chapter, every person convicted of a noncriminal infraction
  994  under this chapter if the infraction resulted in a reportable
  995  boating accident, and every person convicted of two noncriminal
  996  infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
  997  and (s)-(x)(s)-(w), said infractions occurring within a 12-month
  998  period, must:
  999         (a) Enroll in, attend, and successfully complete, at his or
 1000  her own expense, a boating safety course that meets minimum
 1001  standards established by the commission by rule; however, the
 1002  commission may provide by rule pursuant to chapter 120 for
 1003  waivers of the attendance requirement for violators residing in
 1004  areas where classroom presentation of the course is not
 1005  available;
 1006         (b) File with the commission within 90 days proof of
 1007  successful completion of the course;
 1008         (c) Refrain from operating a vessel until he or she has
 1009  filed the proof of successful completion of the course with the
 1010  commission.
 1011  
 1012  Any person who has successfully completed an approved boating
 1013  course shall be exempt from these provisions upon showing proof
 1014  to the commission as specified in paragraph (b).
 1015         Section 20. Effective October 1, 2009, subsections (1) and
 1016  (2) of section 328.03, Florida Statutes, are amended to read:
 1017         328.03 Certificate of title required.—
 1018         (1) Each vessel that is operated, used, or stored on the
 1019  waters of this state must be titled by this state pursuant to
 1020  this chapter, unless it is:
 1021         (a) A vessel operated, used, and stored exclusively on
 1022  private lakes and ponds;.
 1023         (b) A vessel owned by the United States Government;.
 1024         (c) A non-motor-powered vessel less than 16 feet in
 1025  length;.
 1026         (d) A federally documented vessel;.
 1027         (e) A vessel already covered by a registration number in
 1028  full force and effect which was awarded to it pursuant to a
 1029  federally approved numbering system of another state or by the
 1030  United States Coast Guard in a state without a federally
 1031  approved numbering system, if the vessel is not located in this
 1032  state for a period in excess of 90 consecutive days;.
 1033         (f) A vessel from a country other than the United States
 1034  temporarily used, operated, or stored on using the waters of
 1035  this state for a period that is not in excess of 90 days;.
 1036         (g) An amphibious vessel for which a vehicle title is
 1037  issued by the Department of Highway Safety and Motor Vehicles;.
 1038         (h) A vessel used solely for demonstration, testing, or
 1039  sales promotional purposes by the manufacturer or dealer; or.
 1040         (i) A vessel owned and operated by the state or a political
 1041  subdivision thereof.
 1042         (2) A person shall not operate, use, or store a vessel for
 1043  which a certificate of title is required unless the owner has
 1044  received from the Department of Highway Safety and Motor
 1045  Vehicles a valid certificate of title for such vessel. However,
 1046  such vessel may be operated, used, or stored for a period of up
 1047  to 180 days after from the date of application for a certificate
 1048  of title while the application is pending.
 1049         Section 21. Effective October 1, 2009, subsections (1) and
 1050  (2) of section 328.07, Florida Statutes, are amended to read:
 1051         328.07 Hull identification number required.—
 1052         (1) No person shall operate, use, or store on the waters of
 1053  this state a vessel the construction of which began after
 1054  October 31, 1972, for which the department has issued a
 1055  certificate of title or which is required by law to be
 1056  registered, unless the vessel displays the assigned hull
 1057  identification number affixed by the manufacturer as required by
 1058  the United States Coast Guard or by the department for a
 1059  homemade vessel or other vessel for which a hull identification
 1060  number is not required by the United States Coast Guard. The
 1061  hull identification number must be carved, burned, stamped,
 1062  embossed, or otherwise permanently affixed to the outboard side
 1063  of the transom or, if there is no transom, to the outermost
 1064  starboard side at the end of the hull that bears the rudder or
 1065  other steering mechanism, above the waterline of the vessel in
 1066  such a way that alteration, removal, or replacement would be
 1067  obvious and evident. The characters of the hull identification
 1068  number must be no less than 12 in number and no less than one
 1069  fourth inch in height.
 1070         (2) No person shall operate, use, or store on the waters of
 1071  this state a vessel the construction of which was completed
 1072  before November 1, 1972, for which the department has issued a
 1073  certificate of title or which is required by law to be
 1074  registered, unless the vessel displays a hull identification
 1075  number. The hull identification number shall be clearly
 1076  imprinted in the transom or on the hull by stamping, impressing,
 1077  or marking with pressure. In lieu of imprinting, the hull
 1078  identification number may be displayed on a plate in a permanent
 1079  manner. A vessel for which the manufacturer has provided no hull
 1080  identification number or a homemade vessel shall be assigned a
 1081  hull identification number by the department which shall be
 1082  affixed to the vessel pursuant to this section.
 1083         (3)(a) No person, firm, association, or corporation shall
 1084  destroy, remove, alter, cover, or deface the hull identification
 1085  number or hull serial number, or plate bearing such number, of
 1086  any vessel, except to make necessary repairs which require the
 1087  removal of the hull identification number and immediately upon
 1088  completion of such repairs shall reaffix the hull identification
 1089  number in accordance with subsection (2).
 1090         (b) If any of the hull identification numbers required by
 1091  the United States Coast Guard for a vessel manufactured after
 1092  October 31, 1972, do not exist or have been altered, removed,
 1093  destroyed, covered, or defaced or the real identity of the
 1094  vessel cannot be determined, the vessel may be seized as
 1095  contraband property by a law enforcement agency or the division,
 1096  and shall be subject to forfeiture pursuant to ss. 932.701
 1097  932.706. Such vessel may not be sold or operated on the waters
 1098  of the state unless the division receives a request from a law
 1099  enforcement agency providing adequate documentation or is
 1100  directed by written order of a court of competent jurisdiction
 1101  to issue to the vessel a replacement hull identification number
 1102  which shall thereafter be used for identification purposes. No
 1103  vessel shall be forfeited under the Florida Contraband
 1104  Forfeiture Act when the owner unknowingly, inadvertently, or
 1105  neglectfully altered, removed, destroyed, covered, or defaced
 1106  the vessel hull identification number.
 1107         Section 22. Effective October 1, 2009, section 328.46,
 1108  Florida Statutes, is amended to read:
 1109         328.46 Operation of registered vessels.—
 1110         (1) Every vessel that is required to be registered and that
 1111  is being operated, used, or stored on using the waters of this
 1112  state shall be registered and numbered within 30 days after
 1113  purchase by the owner except as specifically exempt. During this
 1114  30-day period, the operator is required to have aboard the
 1115  vessel and available for inspection a bill of sale. The bill of
 1116  sale for the vessel shall serve as the temporary certificate of
 1117  number that is required by federal law and must contain the
 1118  following information:
 1119         (a) Make of the vessel.
 1120         (b) Length of the vessel.
 1121         (c) Type of propulsion.
 1122         (d) Hull identification number.
 1123         (e) A statement declaring Florida to be the state where the
 1124  vessel is principally used.
 1125         (f) Name of the purchaser.
 1126         (g) Address of the purchaser, including ZIP code.
 1127         (h) Signature of the purchaser.
 1128         (i) Name of the seller.
 1129         (j) Signature of the seller.
 1130         (k) Date of the sale of the vessel. The date of sale shall
 1131  also serve as the date of issuance of the temporary certificate
 1132  of number.
 1133         (l) Notice to the purchaser and operator that the temporary
 1134  authority to use the vessel on the waters of this state is
 1135  invalid after 30 days following the date of sale of the vessel.
 1136         (2) No person shall operate, use, or store or give
 1137  permission for the operation, use, or storage of any such vessel
 1138  on such waters unless:
 1139         (a) Such vessel is registered within 30 days after purchase
 1140  by the owner and numbered with the identifying number set forth
 1141  in the certificate of registration, displayed:
 1142         1. In accordance with s. 328.48(4), except, if the vessel
 1143  is an airboat, the registration number may be displayed on each
 1144  side of the rudder; or
 1145         2. In accordance with 33 C.F.R. s. 173.27, or with a
 1146  federally approved numbering system of another state; and
 1147         (b) The certificate of registration or temporary
 1148  certificate of number awarded to such vessel is in full force
 1149  and effect.
 1150         Section 23. Effective October 1, 2009, subsection (2) of
 1151  section 328.48, Florida Statutes, is amended to read:
 1152         328.48 Vessel registration, application, certificate,
 1153  number, decal, duplicate certificate.—
 1154         (2) Each vessel operated, All vessels used, or stored on
 1155  the waters of this the state must be registered as a, either
 1156  commercial vessel or recreational vessel as defined in s. 327.02
 1157  this chapter, unless it is except as follows:
 1158         (a) A vessel operated, used, and stored exclusively on
 1159  private lakes and ponds;.
 1160         (b) A vessel owned by the United States Government;.
 1161         (c) A vessel used exclusively as a ship’s lifeboat; or.
 1162         (d) A non-motor-powered vessel less than 16 feet in length,
 1163  or a and any non-motor-powered canoe, kayak, racing shell, or
 1164  rowing scull, regardless of length.
 1165         Section 24. Effective October 1, 2009, section 328.56,
 1166  Florida Statutes, is amended to read:
 1167         328.56 Vessel registration number.—Each vessel that is
 1168  operated, used, or stored on the waters of this the state must
 1169  display a commercial or recreational Florida registration
 1170  number, unless it is:
 1171         (1) A vessel operated, used, and stored exclusively on
 1172  private lakes and ponds;.
 1173         (2) A vessel owned by the United States Government;.
 1174         (3) A vessel used exclusively as a ship’s lifeboat;.
 1175         (4) A non-motor-powered vessel less than 16 feet in length,
 1176  or a and any non-motor-powered canoe, kayak, racing shell, or
 1177  rowing scull, regardless of length;.
 1178         (5) A federally documented vessel;.
 1179         (6) A vessel already covered by a registration number in
 1180  full force and effect which has been awarded to it pursuant to a
 1181  federally approved numbering system of another state or by the
 1182  United States Coast Guard in a state without a federally
 1183  approved numbering system, if the vessel has not been within
 1184  this state for a period in excess of 90 consecutive days;.
 1185         (7) A vessel operating under a valid temporary certificate
 1186  of number;.
 1187         (8) A vessel from a country other than the United States
 1188  temporarily using the waters of this state; or.
 1189         (9) An undocumented vessel used exclusively for racing.
 1190         Section 25. Effective October 1, 2009, section 328.58,
 1191  Florida Statutes, is amended to read:
 1192         328.58 Reciprocity of nonresident or alien vessels.—The
 1193  owner of any vessel already covered by a registration number in
 1194  full force and effect which has been awarded by:
 1195         (1) By Another state pursuant to a federally approved
 1196  numbering system of another state;
 1197         (2) By The United States Coast Guard in a state without a
 1198  federally approved numbering system; or
 1199         (3) By The United States Coast Guard for a federally
 1200  documented vessel with a valid registration in full force and
 1201  effect from another state, shall record the number with the
 1202  Department of Highway Safety and Motor Vehicles prior to
 1203  operating, using, or storing the vessel on the waters of this
 1204  state in excess of the 90-day reciprocity period provided for in
 1205  this chapter. Such recordation shall be pursuant to the
 1206  procedure required for the award of an original registration
 1207  number, except that no additional or substitute registration
 1208  number shall be issued if the vessel owner maintains the
 1209  previously awarded registration number in full force and effect.
 1210         Section 26. Effective October 1, 2009, section 328.60,
 1211  Florida Statutes, is amended to read:
 1212         328.60 Military personnel; registration; penalties.—Any
 1213  military personnel on active duty in this state operating,
 1214  using, or storing a vessel on the waters of this state that has
 1215  a registration number in full force and effect which has been
 1216  awarded to it pursuant to a federally approved numbering system
 1217  of another state or by the United States Coast Guard in a state
 1218  without a federally approved numbering system, or a federally
 1219  documented vessel with a valid registration in full force and
 1220  effect from another state shall not be required to register his
 1221  or her vessel in this state while such certificate of
 1222  registration remains valid; but, at the expiration of such
 1223  registration certificate, all registration and titling shall be
 1224  issued by this state. In the case of a federally documented
 1225  vessel, the issuance of a title is not required by this chapter.
 1226         Section 27. Effective October 1, 2009, section 328.65,
 1227  Florida Statutes, is amended to read:
 1228         328.65 Legislative intent with respect to registration and
 1229  numbering of vessels.—It is the legislative intent that vessels
 1230  be registered and numbered uniformly throughout the state. The
 1231  purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
 1232  328.72 is to make registration and numbering procedures similar
 1233  to those of automobiles and airplanes and to provide for a
 1234  vessel registration fee and certificate so as to determine the
 1235  ownership of vessels which are operated, used, or stored operate
 1236  on the waters of this state and to aid in the advancement of
 1237  maritime safety.
 1238         Section 28. Effective October 1, 2009, subsection (1) of
 1239  section 328.66, Florida Statutes, is amended to read:
 1240         328.66 County and municipality optional registration fee.—
 1241         (1) Any county may impose an annual registration fee on
 1242  vessels registered, operated, used, or stored on the waters of
 1243  this state in the water within its jurisdiction. This fee shall
 1244  be 50 percent of the applicable state registration fee. However,
 1245  the first $1 of every registration imposed under this subsection
 1246  shall be remitted to the state for deposit in the Save the
 1247  Manatee Trust Fund created within the Fish and Wildlife
 1248  Conservation Commission, and shall be used only for the purposes
 1249  specified in s. 379.2431(4). All other moneys received from such
 1250  fee shall be expended for the patrol, regulation, and
 1251  maintenance of the lakes, rivers, and waters and for other
 1252  boating-related activities of such municipality or county. A
 1253  municipality that was imposing a registration fee before April
 1254  1, 1984, may continue to levy such fee, notwithstanding the
 1255  provisions of this section.
 1256         Section 29. Effective October 1, 2009, subsection (13) of
 1257  section 328.72, Florida Statutes, is amended to read:
 1258         328.72 Classification; registration; fees and charges;
 1259  surcharge; disposition of fees; fines; marine turtle stickers.—
 1260         (13) EXPIRED REGISTRATION.—The operation, use, or storage
 1261  on the waters of this state of a previously registered vessel
 1262  after the expiration of the registration period is a noncriminal
 1263  violation, as defined in s. 327.73. This subsection does not
 1264  apply to vessels lawfully stored at a dock or in a marina.
 1265         Section 30. Subsections (13) and (14) are added to section
 1266  369.20, Florida Statutes, to read:
 1267         369.20 Florida Aquatic Weed Control Act.—
 1268         (13)The commission has the power to enforce this section
 1269  as provided in ss. 379.501-379.504.
 1270         (14)Activities that are exempt from permitting in
 1271  accordance with s. 403.813(1)(r), are granted a mixing zone for
 1272  turbidity for a distance not to exceed 150 meters downstream in
 1273  flowing streams or 150 meters in radius in other water bodies
 1274  as, measured from the cutterhead, return flow discharge, or
 1275  other points of generation of turbidity.
 1276         Section 31. Subsections (13) and (14) are added to section
 1277  369.22, Florida Statutes, to read:
 1278         369.22 Aquatic plant management.—
 1279         (13)The commission has the power to enforce this section
 1280  as provided in ss. 379.501-379.504.
 1281         (14)Activities that are exempt from permitting in
 1282  accordance with s. 403.813(1)(r), are granted a mixing zone for
 1283  turbidity for a distance not to exceed 150 meters downstream in
 1284  flowing streams or 150 meters in radius in other water bodies
 1285  as, measured from the cutterhead, return flow discharge, or
 1286  other points of generation of turbidity.
 1287         Section 32. Paragraph (j) of subsection (3) of section
 1288  369.25, Florida Statutes, is amended to read:
 1289         369.25 Aquatic plants; definitions; permits; powers of
 1290  department; penalties.—
 1291         (3) The department has the following powers:
 1292         (j) To enforce ss. 369.25 and 369.251 this chapter in the
 1293  same manner and to the same extent as provided in s. 581.211.
 1294         Section 33. Subsections (1) and (5) of section 379.304,
 1295  Florida Statutes, are amended to read:
 1296         379.304 Exhibition or sale of wildlife.—
 1297         (1) Permits issued pursuant to s. 379.3761 this section and
 1298  places where wildlife is kept or held in captivity shall be
 1299  subject to inspection by officers of the commission at all
 1300  times. The commission shall have the power to release or
 1301  confiscate any specimens of any wildlife, specifically birds,
 1302  mammals, amphibians, or reptiles, whether indigenous to the
 1303  state or not, when it is found that conditions under which they
 1304  are being confined are unsanitary, or unsafe to the public in
 1305  any manner, or that the species of wildlife are being
 1306  maltreated, mistreated, or neglected or kept in any manner
 1307  contrary to the provisions of chapter 828, any such permit to
 1308  the contrary notwithstanding. Before any such wildlife is
 1309  confiscated or released under the authority of this section, the
 1310  owner thereof shall have been advised in writing of the
 1311  existence of such unsatisfactory conditions; the owner shall
 1312  have been given 30 days in which to correct such conditions; the
 1313  owner shall have failed to correct such conditions; the owner
 1314  shall have had an opportunity for a proceeding pursuant to
 1315  chapter 120; and the commission shall have ordered such
 1316  confiscation or release after careful consideration of all
 1317  evidence in the particular case in question. The final order of
 1318  the commission shall constitute final agency action.
 1319         (5) A violation of this section is punishable as provided
 1320  by s. 379.4015 379.401.
 1321         Section 34. Section 379.338, Florida Statutes, is amended
 1322  to read:
 1323         379.338 Confiscation and disposition of illegally taken
 1324  wildlife, freshwater fish, and saltwater fish game.—
 1325         (1) All wildlife, game and freshwater fish, and saltwater
 1326  fish seized under the authority of this chapter, any other
 1327  chapter, or rules of the commission shall, upon conviction of
 1328  the offender or sooner in accordance with a court order if the
 1329  court so orders, be forfeited to the investigating law
 1330  enforcement agency. The law enforcement agency may elect to
 1331  retain the wildlife, freshwater fish, or saltwater fish for the
 1332  agency’s official use; transfer it to another unit of state or
 1333  local government for official use; donate it to a charitable
 1334  organization; sell it at public sale pursuant to s. 705.103; or
 1335  destroy the wildlife, freshwater fish, or saltwater fish if none
 1336  of the other options is practicable or if the wildlife,
 1337  freshwater fish, or saltwater fish is unwholesome or otherwise
 1338  not of appreciable value. All illegally possessed live wildlife,
 1339  freshwater fish, and saltwater fish that are properly documented
 1340  as evidence as provided in s. 379.3381 may be returned to the
 1341  habitat unharmed. Any unclaimed wildlife, freshwater fish, or
 1342  saltwater fish shall be retained by the investigating law
 1343  enforcement agency and disposed of in accordance with this
 1344  subsection and given to some hospital or charitable institution
 1345  and receipt therefor sent to the Fish and Wildlife Conservation
 1346  Commission.
 1347         (2) All furs or hides or fur-bearing animals seized under
 1348  the authority of this chapter shall, upon conviction of the
 1349  offender, be forfeited and sent to the commission, which shall
 1350  sell the same and deposit the proceeds of such sale to the
 1351  credit of the State Game Trust Fund. If any such hides or furs
 1352  are seized and the offender is unknown, the court shall order
 1353  such hides or furs sent to the Fish and Wildlife Conservation
 1354  Commission, which shall sell such hides and furs.
 1355         (3)Except as otherwise provided by law, and deposit the
 1356  proceeds of any such sale under this section shall be deposited
 1357  in to the credit of the State Game Trust Fund or in the Marine
 1358  Resources Conservation Trust Fund.
 1359         (4)Any state, county, or municipal law enforcement agency
 1360  that enforces or assists the commission in enforcing this
 1361  chapter, which enforcement results in a forfeiture of property
 1362  as provided in this section, is entitled to receive all or a
 1363  share of any property based upon its participation in the
 1364  enforcement.
 1365         Section 35. Section 379.3381, Florida Statutes, is created
 1366  to read:
 1367         379.3381Photographic evidence of illegally taken wildlife,
 1368  freshwater fish, and saltwater fish.—In any prosecution for a
 1369  violation of this chapter, any other chapter, or rules of the
 1370  commission, a photograph of illegally taken wildlife, freshwater
 1371  fish, or saltwater fish may be deemed competent evidence of such
 1372  property and may be admissible in the prosecution to the same
 1373  extent as if such wildlife, freshwater fish, or saltwater fish
 1374  were introduced as evidence. Such photograph shall bear a
 1375  written description of the wildlife, freshwater fish, or
 1376  saltwater fish alleged to have been illegally taken, the name of
 1377  the violator, the location where the alleged illegal taking
 1378  occurred, the name of the investigating law enforcement officer,
 1379  the date the photograph was taken, and the name of the
 1380  photographer. Such writing shall be made under oath by the
 1381  investigating law enforcement officer, and the photograph shall
 1382  be identified by the signature of the photographer.
 1383         Section 36. Paragraphs (n) through (q) of subsection (2) of
 1384  section 379.353, Florida Statutes, are redesignated as
 1385  paragraphs (m) through (p), respectively, and paragraphs (h) and
 1386  (m) of subsection (2) of that section are amended to read:
 1387         379.353 Recreational licenses and permits; exemptions from
 1388  fees and requirements.—
 1389         (2) A hunting, freshwater fishing, or saltwater fishing
 1390  license or permit is not required for:
 1391         (h) Any resident saltwater fishing from land or from a
 1392  structure fixed to the land who has been determined eligible for
 1393  the food stamp, temporary cash assistance, or Medicaid programs
 1394  by the Department of Children and Family Services. A benefit
 1395  issuance or program identification card issued by the Department
 1396  of Children and Family Services or the Agency for Health Care
 1397  Administration shall serve as proof of program eligibility. The
 1398  individual must have the benefit issuance or program
 1399  identification card and positive proof of identification in his
 1400  or her possession when fishing.
 1401         (m)Any resident fishing for a saltwater species in fresh
 1402  water from land or from a structure fixed to land.
 1403         Section 37. Effective July 1, 2010, paragraphs (h), (i),
 1404  and (j) of subsection (4) and subsections (8), (11), and (12) of
 1405  section 379.354, Florida Statutes, are amended, and effective
 1406  July 15, 2009, paragraph (k) is added to subsection (4) of that
 1407  section, to read:
 1408         379.354 Recreational licenses, permits, and authorization
 1409  numbers; fees established.—
 1410         (4) RESIDENT HUNTING AND FISHING LICENSES.—The licenses and
 1411  fees for residents participating in hunting and fishing
 1412  activities in this state are as follows:
 1413         (h) Annual sportsman’s license, $79, except that an annual
 1414  sportsman’s license for a resident 64 years of age or older is
 1415  $12. A sportsman’s license authorizes the person to whom it is
 1416  issued to take game and freshwater fish, subject to the state
 1417  and federal laws, rules, and regulations, including rules of the
 1418  commission, in effect at the time of the taking. Other
 1419  authorized activities include activities authorized by a
 1420  management area permit, a muzzle-loading gun season permit, a
 1421  crossbow season permit, a turkey permit, a Florida waterfowl
 1422  permit, a deer permit, and an archery season permit.
 1423         (i) Annual gold sportsman’s license, $98.50. The gold
 1424  sportsman’s license authorizes the person to whom it is issued
 1425  to take freshwater fish, saltwater fish, and game, subject to
 1426  the state and federal laws, rules, and regulations, including
 1427  rules of the commission, in effect at the time of taking. Other
 1428  authorized activities include activities authorized by a
 1429  management area permit, a muzzle-loading gun season permit, a
 1430  crossbow season permit, a turkey permit, a Florida waterfowl
 1431  permit, a deer permit, an archery season permit, a snook permit,
 1432  and a spiny lobster permit.
 1433         (j) Annual military gold sportsman’s license, $18.50. The
 1434  gold sportsman’s license authorizes the person to whom it is
 1435  issued to take freshwater fish, saltwater fish, and game,
 1436  subject to the state and federal laws, rules, and regulations,
 1437  including rules of the commission, in effect at the time of
 1438  taking. Other authorized activities include activities
 1439  authorized by a management area permit, a muzzle-loading gun
 1440  season permit, a crossbow season permit, a turkey permit, a
 1441  Florida waterfowl permit, a deer permit, an archery season
 1442  permit, a snook permit, and a spiny lobster permit. Any resident
 1443  who is an active or retired member of the United States Armed
 1444  Forces, the United States Armed Forces Reserve, the National
 1445  Guard, the United States Coast Guard, or the United States Coast
 1446  Guard Reserve is eligible to purchase the military gold
 1447  sportsman’s license upon submission of a current military
 1448  identification card.
 1449         (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
 1450  PERMITS.—In order to ensure that the cultural heritage of
 1451  hunting and sport fishing as recognized in s. 379.104 is passed
 1452  on to future Floridians, the commission shall use up to 10
 1453  percent of the proceeds from the hunting and sport fishing
 1454  permits issued pursuant to this subsection to promote hunting
 1455  and sport fishing activities with an emphasis on youth
 1456  participation. In addition to any license required under this
 1457  chapter, the following permits and fees for specified hunting,
 1458  fishing, and other recreational uses and activities are
 1459  required:
 1460         (a) An annual Florida waterfowl permit for a resident or
 1461  nonresident to take wild ducks or geese within the state or its
 1462  coastal waters is $5 $3. Revenue generated from the sale of
 1463  waterfowl permits or that pro rata portion of any license that
 1464  includes waterfowl hunting privileges provided for in this
 1465  paragraph shall be used for conservation, research, and
 1466  management of waterfowl; for the development, restoration,
 1467  maintenance, and preservation of wetlands within the state; or
 1468  to promote the cultural heritage of hunting.
 1469         (b)1. An annual Florida turkey permit for a resident to
 1470  take wild turkeys within the state is $10 $5. Revenue generated
 1471  from the sale of resident wild turkey permits or that pro rata
 1472  portion of any license that includes turkey hunting privileges
 1473  provided for in this subparagraph shall be used for the
 1474  conservation, research, and management of wild turkeys or to
 1475  promote the cultural heritage of hunting.
 1476         2. An annual Florida turkey permit for a nonresident to
 1477  take wild turkeys within the state is $125 $100. Revenue
 1478  generated from the sale of nonresident wild turkey permits or
 1479  that pro rata portion of any license that includes turkey
 1480  hunting privileges provided for in this subparagraph shall be
 1481  used for the conservation, research, and management of wild
 1482  turkeys or to promote the cultural heritage of hunting.
 1483         (c) An annual snook permit for a resident or nonresident to
 1484  take or possess any snook from any waters of the state is $10
 1485  $2. Revenue generated from the sale of snook permits shall be
 1486  used exclusively for programs to benefit the snook population.
 1487         (d) An annual spiny lobster permit for a resident or
 1488  nonresident to take or possess any spiny lobster for
 1489  recreational purposes from any waters of the state is $5 $2.
 1490  Revenue generated from the sale of spiny lobster permits shall
 1491  be used exclusively for programs to benefit the spiny lobster
 1492  population.
 1493         (e) A $5 fee is imposed for each of the following permits:
 1494         1. An annual archery season permit for a resident or
 1495  nonresident to hunt within the state during any archery season
 1496  authorized by the commission.
 1497         2. An annual crossbow season permit for a resident or
 1498  nonresident to hunt within the state during any crossbow season
 1499  authorized by the commission.
 1500         3. An annual muzzle-loading gun season permit for a
 1501  resident or nonresident to hunt within the state during any
 1502  muzzle-loading gun season authorized by the commission.
 1503         (f) A special use permit for a resident or nonresident to
 1504  participate in limited entry hunting or fishing activities as
 1505  authorized by commission rule shall not exceed $150 $100 per day
 1506  or $300 $250 per week. Notwithstanding any other provision of
 1507  this chapter, there are no exclusions, exceptions, or exemptions
 1508  from this permit fee. In addition to the permit fee, the
 1509  commission may charge each special use permit applicant a
 1510  nonrefundable application fee not to exceed $10.
 1511         (g)1. A management area permit for a resident or
 1512  nonresident to hunt on, fish on, or otherwise use for outdoor
 1513  recreational purposes land owned, leased, or managed by the
 1514  commission, or by the state for the use and benefit of the
 1515  commission, shall not exceed $30 $25 per year.
 1516         2. Permit fees for short-term use of land that is owned,
 1517  leased, or managed by the commission may be established by rule
 1518  of the commission for activities on such lands. Such permits may
 1519  be in lieu of, or in addition to, the annual management area
 1520  permit authorized in subparagraph 1. and subparagraph 4.
 1521         3. Other than for hunting or fishing, the provisions of
 1522  this paragraph shall not apply on any lands not owned by the
 1523  commission, unless the commission has obtained the written
 1524  consent of the owner or primary custodian of such lands.
 1525         4. A management area permit for a resident or nonresident
 1526  to hike, camp, or otherwise engage in other outdoor recreational
 1527  activities, except hunting or fishing, on management area lands
 1528  shall not exceed $5 per day or $30 per year.
 1529         (h)1. A recreational user permit is required to hunt on,
 1530  fish on, or otherwise use for outdoor recreational purposes land
 1531  leased by the commission from private nongovernmental owners,
 1532  except for those lands located directly north of the
 1533  Apalachicola National Forest, east of the Ochlocknee River until
 1534  the point the river meets the dam forming Lake Talquin, and
 1535  south of the closest federal highway. The fee for a recreational
 1536  user permit shall be based upon the economic compensation
 1537  desired by the landowner, game population levels, desired hunter
 1538  density, and administrative costs. The permit fee shall be set
 1539  by commission rule on a per-acre basis. The recreational user
 1540  permit fee, less administrative costs of up to $30 $25 per
 1541  permit, shall be remitted to the landowner as provided in the
 1542  lease agreement for each area.
 1543         2. One minor dependent under 16 years of age may hunt under
 1544  the supervision of the permittee and is exempt from the
 1545  recreational user permit requirements. The spouse and dependent
 1546  children of a permittee are exempt from the recreational user
 1547  permit requirements when engaged in outdoor recreational
 1548  activities other than hunting and when accompanied by a
 1549  permittee. Notwithstanding any other provision of this chapter,
 1550  no other exclusions, exceptions, or exemptions from the
 1551  recreational user permit fee are authorized.
 1552         (i) An annual deer permit for a resident or nonresident to
 1553  take deer within the state during any season authorized by the
 1554  commission is $5. Revenue generated from the sale of deer
 1555  permits shall be used for the conservation, research, and
 1556  management of white-tailed deer or to promote the cultural
 1557  heritage of hunting.
 1558  
 1559  The commission shall prepare an annual report documenting the
 1560  use of funds generated pursuant to paragraphs (a) and (b) and
 1561  shall submit the report to the Governor, the Speaker of the
 1562  House of Representatives, and the President of the Senate no
 1563  later than September 1 of each year.
 1564         (11) RESIDENT LIFETIME HUNTING LICENSES.—
 1565         (a) Lifetime hunting licenses are available to residents
 1566  only, as follows, for:
 1567         1. Persons 4 years of age or younger, for a fee of $200.
 1568         2. Persons 5 years of age or older, but under 13 years of
 1569  age, for a fee of $350.
 1570         3. Persons 13 years of age or older, for a fee of $500.
 1571         (b) The following activities are authorized by the purchase
 1572  of a lifetime hunting license:
 1573         1. Taking, or attempting to take or possess, game
 1574  consistent with the state and federal laws and regulations and
 1575  rules of the commission in effect at the time of the taking.
 1576         2. All activities authorized by a muzzle-loading gun season
 1577  permit, a crossbow season permit, a turkey permit, an archery
 1578  season permit, a Florida waterfowl permit, a deer permit, and a
 1579  management area permit, excluding fishing.
 1580         (12) RESIDENT LIFETIME SPORTSMAN’S LICENSES.—
 1581         (a) Lifetime sportsman’s licenses are available to
 1582  residents only, as follows, for:
 1583         1. Persons 4 years of age or younger, for a fee of $400.
 1584         2. Persons 5 years of age or older, but under 13 years of
 1585  age, for a fee of $700.
 1586         3. Persons 13 years of age or older, for a fee of $1,000.
 1587         (b) The following activities are authorized by the purchase
 1588  of a lifetime sportsman’s license:
 1589         1. Taking, or attempting to take or possess, freshwater and
 1590  saltwater fish, and game, consistent with the state and federal
 1591  laws and regulations and rules of the commission in effect at
 1592  the time of taking.
 1593         2. All activities authorized by a management area permit, a
 1594  muzzle-loading gun season permit, a crossbow season permit, a
 1595  turkey permit, an archery season permit, a Florida waterfowl
 1596  permit, a deer permit, a snook permit, and a spiny lobster
 1597  permit.
 1598         Section 38. Effective July 1, 2010, section 379.2211,
 1599  Florida Statutes, is repealed.
 1600         Section 39. Effective July 1, 2010, section 379.2212,
 1601  Florida Statutes, is repealed.
 1602         Section 40. Paragraph (c) of subsection (2) of section
 1603  379.3671, Florida Statutes, is amended to read:
 1604         379.3671 Spiny lobster trap certificate program.—
 1605         (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
 1606  PENALTIES.—The Fish and Wildlife Conservation Commission shall
 1607  establish a trap certificate program for the spiny lobster
 1608  fishery of this state and shall be responsible for its
 1609  administration and enforcement as follows:
 1610         (c) Prohibitions; penalties.—
 1611         1. It is unlawful for a person to possess or use a spiny
 1612  lobster trap in or on state waters or adjacent federal waters
 1613  without having affixed thereto the trap tag required by this
 1614  section. It is unlawful for a person to possess or use any other
 1615  gear or device designed to attract and enclose or otherwise aid
 1616  in the taking of spiny lobster by trapping that is not a trap as
 1617  defined by commission rule.
 1618         2. It is unlawful for a person to possess or use spiny
 1619  lobster trap tags without having the necessary number of
 1620  certificates on record as required by this section.
 1621         3. It is unlawful for any person to willfully molest, take
 1622  possession of, or remove the contents of another harvester’s
 1623  spiny lobster trap without the express written consent of the
 1624  trap owner available for immediate inspection. Unauthorized
 1625  possession of another’s trap gear or removal of trap contents
 1626  constitutes theft.
 1627         a. A commercial harvester who violates this subparagraph
 1628  shall be punished under ss. 379.367 and 379.407. Any commercial
 1629  harvester receiving a judicial disposition other than dismissal
 1630  or acquittal on a charge of theft of or from a trap pursuant to
 1631  this subparagraph or s. 379.402 shall, in addition to the
 1632  penalties specified in ss. 379.367 and 379.407 and the
 1633  provisions of this section, permanently lose all his or her
 1634  saltwater fishing privileges, including his or her saltwater
 1635  products license, spiny lobster endorsement, and all trap
 1636  certificates allotted to him or her through this program. In
 1637  such cases, trap certificates and endorsements are
 1638  nontransferable.
 1639         b. Any commercial harvester receiving a judicial
 1640  disposition other than dismissal or acquittal on a charge of
 1641  willful molestation of a trap, in addition to the penalties
 1642  specified in ss. 379.367 and 379.407, shall lose all saltwater
 1643  fishing privileges for a period of 24 calendar months.
 1644         c. In addition, any commercial harvester charged with
 1645  violating this subparagraph and receiving a judicial disposition
 1646  other than dismissal or acquittal for violating this
 1647  subparagraph or s. 379.402 shall also be assessed an
 1648  administrative penalty of up to $5,000.
 1649  
 1650  Immediately upon receiving a citation for a violation involving
 1651  theft of or from a trap, or molestation of a trap, and until
 1652  adjudicated for such a violation or, upon receipt of a judicial
 1653  disposition other than dismissal or acquittal of such a
 1654  violation, the commercial harvester committing the violation is
 1655  prohibited from transferring any spiny lobster trap certificates
 1656  and endorsements.
 1657         4. In addition to any other penalties provided in s.
 1658  379.407, a commercial harvester who violates the provisions of
 1659  this section or commission rules relating to spiny lobster traps
 1660  shall be punished as follows:
 1661         a. If the first violation is for violation of subparagraph
 1662  1. or subparagraph 2., the commission shall assess an additional
 1663  administrative penalty of up to $1,000. For all other first
 1664  violations, the commission shall assess an additional
 1665  administrative penalty of up to $500.
 1666         b. For a second violation of subparagraph 1. or
 1667  subparagraph 2. which occurs within 24 months of any previous
 1668  such violation, the commission shall assess an additional
 1669  administrative penalty of up to $2,000 and the spiny lobster
 1670  endorsement issued under s. 379.367(2) or (6) may be suspended
 1671  for the remainder of the current license year.
 1672         c. For a third or subsequent violation of subparagraph 1.,
 1673  subparagraph 2., or subparagraph 3. which occurs within 36
 1674  months of any previous two such violations, the commission shall
 1675  assess an additional administrative penalty of up to $5,000 and
 1676  may suspend the spiny lobster endorsement issued under s.
 1677  379.367(2) or (6) for a period of up to 24 months or may revoke
 1678  the spiny lobster endorsement and, if revoking the spiny lobster
 1679  endorsement, may also proceed against the licenseholder’s
 1680  saltwater products license in accordance with the provisions of
 1681  s. 379.407(2)(h).
 1682         d. Any person assessed an additional administrative penalty
 1683  pursuant to this section shall within 30 calendar days after
 1684  notification:
 1685         (I) Pay the administrative penalty to the commission; or
 1686         (II) Request an administrative hearing pursuant to the
 1687  provisions of ss. 120.569 and 120.57.
 1688         e. The commission shall suspend the spiny lobster
 1689  endorsement issued under s. 379.367(2) or (6) for any person
 1690  failing to comply with the provisions of sub-subparagraph d.
 1691         5.a. It is unlawful for any person to make, alter, forge,
 1692  counterfeit, or reproduce a spiny lobster trap tag or
 1693  certificate.
 1694         b. It is unlawful for any person to knowingly have in his
 1695  or her possession a forged, counterfeit, or imitation spiny
 1696  lobster trap tag or certificate.
 1697         c. It is unlawful for any person to barter, trade, sell,
 1698  supply, agree to supply, aid in supplying, or give away a spiny
 1699  lobster trap tag or certificate or to conspire to barter, trade,
 1700  sell, supply, aid in supplying, or give away a spiny lobster
 1701  trap tag or certificate unless such action is duly authorized by
 1702  the commission as provided in this chapter or in the rules of
 1703  the commission.
 1704         6.a. Any commercial harvester who violates the provisions
 1705  of subparagraph 5., or any commercial harvester who engages in
 1706  the commercial harvest, trapping, or possession of spiny lobster
 1707  without a spiny lobster endorsement as required by s. 379.367(2)
 1708  or (6) or during any period while such spiny lobster endorsement
 1709  is under suspension or revocation, commits a felony of the third
 1710  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1711  775.084.
 1712         b. In addition to any penalty imposed pursuant to sub
 1713  subparagraph a., the commission shall levy a fine of up to twice
 1714  the amount of the appropriate surcharge to be paid on the fair
 1715  market value of the transferred certificates, as provided in
 1716  subparagraph (a)1., on any commercial harvester who violates the
 1717  provisions of sub-subparagraph 5.c.
 1718         c. In addition to any penalty imposed pursuant to sub
 1719  subparagraph a., any commercial harvester receiving any judicial
 1720  disposition other than acquittal or dismissal for a violation of
 1721  subparagraph 5. shall be assessed an administrative penalty of
 1722  up to $5,000, and the spiny lobster endorsement under which the
 1723  violation was committed may be suspended for up to 24 calendar
 1724  months. Immediately upon issuance of a citation involving a
 1725  violation of subparagraph 5. and until adjudication of such a
 1726  violation, and after receipt of any judicial disposition other
 1727  than acquittal or dismissal for such a violation, the commercial
 1728  harvester holding the spiny lobster endorsement listed on the
 1729  citation is prohibited from transferring any spiny lobster trap
 1730  certificates.
 1731         d. Any other person who violates the provisions of
 1732  subparagraph 5. commits a Level Four violation under s. 379.401.
 1733         7. Prior to the 2010-2011 license year, any certificates
 1734  for which the annual certificate fee is not paid for a period of
 1735  3 years shall be considered abandoned and shall revert to the
 1736  commission. Beginning with the 2010-2011 license year, any
 1737  certificate for which the annual certificate fee is not paid for
 1738  a period of 2 consecutive years shall be considered abandoned
 1739  and shall revert to the commission. During any period of trap
 1740  reduction, any certificates reverting to the commission shall
 1741  become permanently unavailable and be considered in that amount
 1742  to be reduced during the next license-year period. Otherwise,
 1743  any certificates that revert to the commission are to be
 1744  reallotted in such manner as provided by the commission.
 1745         8. The proceeds of all administrative penalties collected
 1746  pursuant to subparagraph 4. and all fines collected pursuant to
 1747  sub-subparagraph 6.b. shall be deposited into the Marine
 1748  Resources Conservation Trust Fund.
 1749         9. All traps shall be removed from the water during any
 1750  period of suspension or revocation.
 1751         10. Except as otherwise provided, any person who violates
 1752  this paragraph commits a Level Two violation under s. 379.401.
 1753         Section 41. Paragraphs (c), (d), and (e) of subsection (2)
 1754  of section 379.3751, Florida Statutes, are amended to read:
 1755         379.3751 Taking and possession of alligators; trapping
 1756  licenses; fees.—
 1757         (2) The license and issuance fee, and the activity
 1758  authorized thereby, shall be as follows:
 1759         (c) The annual fee for issuance of an alligator trapping
 1760  agent’s license, which permits a person to act as an agent of
 1761  any person who has been issued a resident or nonresident
 1762  alligator trapping license as provided in paragraph (a) or
 1763  paragraph (b) and to take alligators occurring in the wild other
 1764  than alligator hatchlings, and to possess and process alligators
 1765  taken under authority of such agency relationship, and to
 1766  possess, process, and sell their hides and meat, shall be $50.
 1767  Such alligator trapping agent’s license shall be issued only in
 1768  conjunction with an alligator trapping license and shall bear on
 1769  its face in indelible ink the name and license number of the
 1770  alligator trapping licenseholder for whom the holder of this
 1771  license is acting as an agent.
 1772         (d) The annual fee for issuance of an alligator farming
 1773  license, which permits a person to operate a facility for
 1774  captive propagation of alligators, to possess alligators for
 1775  captive propagation, to take alligator hatchlings and alligator
 1776  eggs occurring in the wild, to rear such alligators, alligator
 1777  hatchlings, and alligator eggs in captivity, to process
 1778  alligators taken or possessed under authority of such alligator
 1779  farming license or otherwise legally acquired, and to possess,
 1780  process, and sell their hides and meat, shall be $250.
 1781         (e) The annual fee for issuance of an alligator farming
 1782  agent’s license, which permits a person to act as an agent of
 1783  any person who has been issued an alligator farming license as
 1784  provided in paragraph (d) and to take alligator hatchlings and
 1785  alligator eggs occurring in the wild, and to possess and process
 1786  alligators taken under authority of such agency relationship,
 1787  and to possess, process, and sell their hides and meat, shall be
 1788  $50. Such license shall be issued only in conjunction with an
 1789  alligator farming license, and shall bear on its face in
 1790  indelible ink the name and license number of the alligator
 1791  farming licenseholder for whom the holder of this license is
 1792  acting as an agent.
 1793         Section 42. Subsection (6) is added to section 379.3761,
 1794  Florida Statutes, to read:
 1795         379.3761 Exhibition or sale of wildlife; fees;
 1796  classifications.—
 1797         (6)A person who violates this section is punishable as
 1798  provided in s. 379.4015.
 1799         Section 43. Subsection (5) of section 379.3762, Florida
 1800  Statutes, is amended to read:
 1801         379.3762 Personal possession of wildlife.—
 1802         (5) A person who violates Persons in violation of this
 1803  section is shall be punishable as provided in s. 379.4015
 1804  379.401.
 1805         Section 44. Paragraph (a) of subsection (2) and paragraph
 1806  (a) of subsection (4) of section 379.401, Florida Statutes, are
 1807  amended to read:
 1808         379.401 Penalties and violations; civil penalties for
 1809  noncriminal infractions; criminal penalties; suspension and
 1810  forfeiture of licenses and permits.—
 1811         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
 1812  violation if he or she violates any of the following provisions:
 1813         1. Rules or orders of the commission relating to seasons or
 1814  time periods for the taking of wildlife, freshwater fish, or
 1815  saltwater fish.
 1816         2. Rules or orders of the commission establishing bag,
 1817  possession, or size limits or restricting methods of taking
 1818  wildlife, freshwater fish, or saltwater fish.
 1819         3. Rules or orders of the commission prohibiting access or
 1820  otherwise relating to access to wildlife management areas or
 1821  other areas managed by the commission.
 1822         4. Rules or orders of the commission relating to the
 1823  feeding of wildlife, freshwater fish, or saltwater fish.
 1824         5. Rules or orders of the commission relating to landing
 1825  requirements for freshwater fish or saltwater fish.
 1826         6. Rules or orders of the commission relating to restricted
 1827  hunting areas, critical wildlife areas, or bird sanctuaries.
 1828         7. Rules or orders of the commission relating to tagging
 1829  requirements for wildlife game and fur-bearing animals.
 1830         8. Rules or orders of the commission relating to the use of
 1831  dogs for the taking of wildlife game.
 1832         9. Rules or orders of the commission which are not
 1833  otherwise classified.
 1834         10. Rules or orders of the commission prohibiting the
 1835  unlawful use of finfish traps.
 1836         11. All prohibitions in this chapter which are not
 1837  otherwise classified.
 1838         12. Section 379.33, prohibiting the violation of or
 1839  noncompliance with commission rules.
 1840         13. Section 379.407(6), prohibiting the sale, purchase,
 1841  harvest, or attempted harvest of any saltwater product with
 1842  intent to sell.
 1843         14. Section 379.2421, prohibiting the obstruction of
 1844  waterways with net gear.
 1845         15. Section 379.413, prohibiting the unlawful taking of
 1846  bonefish.
 1847         16. Section 379.365(2)(a) and (b), prohibiting the
 1848  possession or use of stone crab traps without trap tags and
 1849  theft of trap contents or gear.
 1850         17. Section 379.366(4)(b), prohibiting the theft of blue
 1851  crab trap contents or trap gear.
 1852         18. Section 379.3671(2)(c), prohibiting the possession or
 1853  use of spiny lobster traps without trap tags or certificates and
 1854  theft of trap contents or trap gear.
 1855         19. Section 379.357, prohibiting the possession of tarpon
 1856  without purchasing a tarpon tag.
 1857         20. Rules or orders of the commission Section 379.409,
 1858  prohibiting the feeding or enticement of alligators or
 1859  crocodiles.
 1860         21. Section 379.105, prohibiting the intentional harassment
 1861  of hunters, fishers, or trappers.
 1862         (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
 1863  violation if he or she violates any of the following provisions:
 1864         1. Section 379.365(2)(c), prohibiting criminal activities
 1865  relating to the taking of stone crabs.
 1866         2. Section 379.366(4)(c), prohibiting criminal activities
 1867  relating to the taking and harvesting of blue crabs.
 1868         3. Section 379.367(4), prohibiting the willful molestation
 1869  of spiny lobster gear.
 1870         4. Section 379.3671(2)(c)5., prohibiting the unlawful
 1871  reproduction, possession, sale, trade, or barter of spiny
 1872  lobster trap tags or certificates.
 1873         5. Section 379.354(16), prohibiting the making, forging,
 1874  counterfeiting, or reproduction of a recreational license or
 1875  possession of same without authorization from the commission.
 1876         6. Section 379.404(5), prohibiting the sale of illegally
 1877  taken deer or wild turkey.
 1878         7. Section 379.405, prohibiting the molestation or theft of
 1879  freshwater fishing gear.
 1880         8.Section 379.409, prohibiting the unlawful killing,
 1881  injuring, possessing, or capturing of alligators or other
 1882  crocodilia or their eggs.
 1883         Section 45. Paragraph (a) of subsection (2) of section
 1884  379.4015, Florida Statutes, is amended to read:
 1885         379.4015 Captive wildlife penalties.—
 1886         (2) LEVEL TWO.—Unless otherwise provided by law, the
 1887  following classifications and penalties apply:
 1888         (a) A person commits a Level Two violation if he or she
 1889  violates any of the following provisions:
 1890         1. Unless otherwise stated in subsection (1), rules or
 1891  orders of the commission that require a person to pay a fee to
 1892  obtain a permit to possess captive wildlife or that require the
 1893  maintenance of records relating to captive wildlife.
 1894         2. Rules or orders of the commission relating to captive
 1895  wildlife not specified in subsection (1) or subsection (3).
 1896         3. Rules or orders of the commission that require housing
 1897  of wildlife in a safe manner when a violation results in an
 1898  escape of wildlife other than Class I wildlife.
 1899         4. Section 379.372, relating to capturing, keeping,
 1900  possessing, transporting, or exhibiting venomous reptiles or
 1901  reptiles of concern.
 1902         5. Section 379.373, relating to requiring a license or
 1903  permit for the capturing, keeping, possessing, or exhibiting of
 1904  venomous reptiles or reptiles of concern.
 1905         6. Section 379.374, relating to bonding requirements for
 1906  public exhibits of venomous reptiles.
 1907         7. Section 379.305, relating to commission rules and
 1908  regulations to prevent the escape of venomous reptiles or
 1909  reptiles of concern.
 1910         8. Section 379.304, relating to exhibition or sale of
 1911  wildlife.
 1912         9. Section 379.3761, relating to exhibition or sale of
 1913  wildlife.
 1914         10. Section 379.3762, relating to personal possession of
 1915  wildlife.
 1916         Section 46. The Fish and Wildlife Conservation Commission,
 1917  in consultation with the Department of Environmental Protection,
 1918  is directed to establish a pilot program to explore potential
 1919  options for regulating the anchoring or mooring of nonlive
 1920  aboard vessels outside the marked boundaries of public mooring
 1921  fields.
 1922         (1)The goals of the pilot program are to encourage the
 1923  establishment of additional public mooring fields and to develop
 1924  and test policies and regulatory regimes that:
 1925         (a)Promote the establishment and use of public mooring
 1926  fields.
 1927         (b)Promote public access to the waters of this state.
 1928         (c)Enhance navigational safety.
 1929         (d)Protect maritime infrastructure.
 1930         (e)Protect the marine environment.
 1931         (f)Deter improperly stored, abandoned, or derelict
 1932  vessels.
 1933         (2)Each location selected for inclusion in the pilot
 1934  program must be associated with a properly permitted mooring
 1935  field. The commission, in consultation with the department,
 1936  shall select all locations for the pilot program prior to July
 1937  1, 2011. Two locations shall be off the east coast of Florida,
 1938  two locations shall be off the west coast of Florida, and one
 1939  location shall be within Monroe County. The locations selected
 1940  must be geographically diverse and take into consideration the
 1941  various users and means of using the waters of this state.
 1942         (3)Notwithstanding the provisions of s. 327.60, Florida
 1943  Statutes, a county or municipality selected for participation in
 1944  the pilot program may regulate by ordinance the anchoring of
 1945  vessels, other than live-aboard vessels as defined in s. 327.02,
 1946  Florida Statutes, outside of a mooring field. Any ordinance
 1947  enacted under the pilot program shall take effect and become
 1948  enforceable only after approval by the commission. The
 1949  commission shall not approve any ordinance not consistent with
 1950  the goals of the pilot program.
 1951         (4)The commission shall:
 1952         (a)Provide consultation and technical assistance to each
 1953  municipality or county selected for participation in the pilot
 1954  program to facilitate accomplishment of the pilot program’s
 1955  goals.
 1956         (b)Coordinate the review of any proposed ordinance with
 1957  the department; the Coast Guard; the Florida Inland Navigation
 1958  District or the West Coast Inland Navigation District, as
 1959  appropriate; and associations or other organizations
 1960  representing vessel owners or operators.
 1961         (c)Monitor and evaluate at least annually each location
 1962  selected for participation in the pilot program and make such
 1963  modifications as may be necessary to accomplish the pilot
 1964  program’s goals.
 1965         (5)The commission shall submit a report of its findings
 1966  and recommendations to the Governor, the President of the
 1967  Senate, and the Speaker of the House of Representatives by
 1968  January 1, 2014.
 1969         (6)The pilot program shall expire on July 1, 2014, unless
 1970  reenacted by the Legislature. All ordinances enacted under this
 1971  section shall expire concurrently with the expiration of the
 1972  pilot program and shall be inoperative and unenforceable
 1973  thereafter.
 1974         (7)Nothing in this section shall be construed to affect
 1975  any mooring field authorized pursuant to s. 327.40, part IV of
 1976  chapter 373, and s. 253.77, Florida Statutes, as applicable, or
 1977  any lawful ordinance regulating the anchoring of any vessels
 1978  within the marked boundaries of such mooring fields.
 1979         Section 47. Section 379.501, Florida Statutes, is created
 1980  to read:
 1981         379.501Aquatic weeds or plants; prohibitions, violation,
 1982  penalty, intent.—
 1983         (1)A person may not:
 1984         (a)Violate this section or any provision of s. 369.20 or
 1985  s. 369.22 related to aquatic weeds or plants;
 1986         (b)Fail to obtain any permit required by s. 369.20 or s.
 1987  369.22 or by commission rule implementing s. 369.20 or s.
 1988  369.22, or violate or fail to comply with any rule, regulation,
 1989  order, permit, or certification adopted or issued by the
 1990  commission pursuant to s. 369.20 or s. 369.22; or
 1991         (c)Knowingly make any false statement, representation, or
 1992  certification in any application, record, report, plan, or other
 1993  document filed or required to be maintained under s. 369.20 or
 1994  s. 369.22, or to falsify, tamper with, or knowingly render
 1995  inaccurate any monitoring device or method required to be
 1996  maintained under s. 369.20 or s. 369.22 or by any permit, rule,
 1997  regulation, or order issued under s. 369.20 or s. 369.22.
 1998         (2)Any person who violates any provision specified in
 1999  subsection (1) is liable to the state for any damage caused to
 2000  the aquatic weeds or plants and for civil penalties as provided
 2001  in s. 379.502.
 2002         (3)Any person who willfully commits a violation of
 2003  paragraph (1)(a) commits a felony of the third degree,
 2004  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2005  Each day during any portion of which such violation occurs
 2006  constitutes a separate offense.
 2007         (4)Any person who commits a violation specified in
 2008  paragraph (1)(a) due to reckless indifference or gross careless
 2009  disregard commits a misdemeanor of the second degree, punishable
 2010  as provided in s. 775.082 or s. 775.083.
 2011         (5)Any person who willfully commits a violation specified
 2012  in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
 2013  the first degree, punishable as provided in s. 775.082 or s.
 2014  775.083.
 2015         (6)It is the intent of the Legislature that the civil
 2016  penalties and criminal fines imposed by a court be of such an
 2017  amount as to ensure immediate and continued compliance with this
 2018  section.
 2019         (7)Penalties assessed pursuant to ss. 379.501-379.504 are
 2020  in addition to any penalties assessed by the Board of Trustees
 2021  of the Internal Improvement Trust Fund, the Department of
 2022  Environmental Protection, or a water management district
 2023  pursuant to chapter 253, chapter 373, or chapter 403.
 2024         Section 48. Section 379.502, Florida Statutes, is created
 2025  to read:
 2026         379.502Enforcement; procedure; remedies.—The commission
 2027  has the following judicial and administrative remedies available
 2028  to it for violations of s. 379.501.
 2029         (1)(a)The commission may institute a civil action in a
 2030  court of competent jurisdiction to establish liability and to
 2031  recover damages for any injury to the waters or property of the
 2032  state, including animal, plant, and aquatic life, caused by any
 2033  violation of s. 379.501.
 2034         (b)The commission may institute a civil action in a court
 2035  of competent jurisdiction to impose and to recover a civil
 2036  penalty for each violation in an amount of not more than $10,000
 2037  per offense. However, the court may receive evidence in
 2038  mitigation. Each day, during any portion of which such violation
 2039  occurs, constitutes a separate offense.
 2040         (c)Except as provided in paragraph (2)(c), the fact that
 2041  the commission has failed to exhaust its administrative
 2042  remedies, has failed to serve a notice of violation, or has
 2043  failed to hold an administrative hearing before initiating a
 2044  civil action is not a defense to, or grounds for dismissal of,
 2045  the judicial remedies for damages and civil penalties.
 2046         (2)(a)The commission may institute an administrative
 2047  proceeding to establish liability and to recover damages for any
 2048  injury to the waters or property of the state, including animal,
 2049  plant, or aquatic life, caused by any violation of s. 379.501.
 2050  The commission may order that the violator pay a specified sum
 2051  as damages to the state. Judgment for the amount of damages
 2052  determined by the commission may be entered in any court having
 2053  jurisdiction thereof and may be enforced as any other judgment.
 2054         (b)If the commission has reason to believe that a
 2055  violation has occurred, it may institute an administrative
 2056  proceeding to order the prevention, abatement, or control of the
 2057  conditions creating the violation or other appropriate
 2058  corrective action. The commission shall proceed administratively
 2059  in all cases in which the commission seeks administrative
 2060  penalties that do not exceed $10,000 per assessment as
 2061  calculated in accordance with subsections (3), (4), (5), and
 2062  (6). The commission may not impose administrative penalties in
 2063  excess of $10,000 in a notice of violation. The commission may
 2064  not have more than one notice of violation seeking
 2065  administrative penalties pending against the same party at the
 2066  same time unless the violations occurred at a different site or
 2067  the violations were discovered by the commission subsequent to
 2068  the filing of a previous notice of violation.
 2069         (c)An administrative proceeding shall be instituted by the
 2070  commission’s serving of a written notice of violation upon the
 2071  alleged violator by certified mail. If the commission is unable
 2072  to effect service by certified mail, the notice of violation may
 2073  be hand delivered or personally served in accordance with
 2074  chapter 48. The notice shall specify the provision of the law,
 2075  rule, regulation, permit, certification, or order of the
 2076  commission alleged to have been violated and the facts alleged
 2077  to constitute a violation thereof. An order for corrective
 2078  action, penalty assessment, or damages may be included along
 2079  with the notice. If the commission is seeking to impose an
 2080  administrative penalty for any violation of s. 379.501 by
 2081  issuing a notice of violation, any corrective action needed to
 2082  correct the violation or damages caused by the violation must be
 2083  pursued in the notice of violation or they are waived. However,
 2084  an order does not become effective until after service and an
 2085  administrative hearing, if requested within 20 days after
 2086  service. Failure to request an administrative hearing within
 2087  this period constitutes a waiver, unless the respondent files a
 2088  written notice with the commission within this period opting out
 2089  of the administrative process initiated by the commission. Any
 2090  respondent choosing to opt out of the administrative process
 2091  initiated by the commission must file a written notice with the
 2092  commission within 20 days after service of the notice of
 2093  violation opting out of the administrative process. A
 2094  respondent’s decision to opt out of the administrative process
 2095  does not preclude the commission from initiating a state court
 2096  action seeking injunctive relief, damages, and the judicial
 2097  imposition of civil penalties.
 2098         (d)If a person timely files a petition challenging a
 2099  notice of violation, that person will thereafter be referred to
 2100  as the respondent. The hearing requested by the respondent shall
 2101  be held within 180 days after the commission has referred the
 2102  initial petition to the Division of Administrative Hearings
 2103  unless the parties agree to a later date. The commission has the
 2104  burden of proving by the preponderance of the evidence that the
 2105  respondent is responsible for the violation. An administrative
 2106  penalty may not be imposed unless the commission satisfies that
 2107  burden. Following the close of the hearing, the administrative
 2108  law judge shall issue a final order on all matters, including
 2109  the imposition of an administrative penalty. If the commission
 2110  seeks to enforce that portion of a final order imposing
 2111  administrative penalties pursuant to s. 120.69, the respondent
 2112  may not assert as a defense the inappropriateness of the
 2113  administrative remedy. The commission retains its final-order
 2114  authority in all administrative actions that do not request the
 2115  imposition of administrative penalties.
 2116         (e)After filing a petition requesting a formal hearing in
 2117  response to a notice of violation, a respondent may request that
 2118  a private mediator be appointed to mediate the dispute by
 2119  contacting the Florida Conflict Resolution Consortium within 10
 2120  days after receipt of the initial order from the administrative
 2121  law judge. The Florida Conflict Resolution Consortium shall pay
 2122  all of the costs of the mediator and for up to 8 hours of the
 2123  mediator’s time per case at $150 per hour. Upon notice from the
 2124  respondent, the Florida Conflict Resolution Consortium shall
 2125  provide the respondent with a panel of possible mediators from
 2126  the area in which the hearing on the petition would be heard.
 2127  The respondent shall select the mediator and notify the Florida
 2128  Conflict Resolution Consortium of the selection within 15 days
 2129  after receipt of the proposed panel of mediators. The Florida
 2130  Conflict Resolution Consortium shall provide all of the
 2131  administrative support for the mediation process. The mediation
 2132  must be completed at least 15 days before the final hearing date
 2133  set by the administrative law judge.
 2134         (f)In any administrative proceeding brought by the
 2135  commission, the prevailing party shall recover all costs as
 2136  provided in ss. 57.041 and 57.071. The costs must be included in
 2137  the final order. The respondent is the prevailing party when an
 2138  order is entered awarding no penalties to the commission and the
 2139  order has not been reversed on appeal or the time for seeking
 2140  judicial review has expired. The respondent is entitled to an
 2141  award of attorney’s fees if the administrative law judge
 2142  determines that the notice of violation issued by the commission
 2143  was not substantially justified as defined in s. 57.111(3)(e).
 2144  An award of attorney’s fees as provided by this subsection may
 2145  not exceed $15,000.
 2146         (g)This section does not prevent any other legal or
 2147  administrative action in accordance with law. This subsection
 2148  does not limit the commission’s authority set forth in this
 2149  section and ss. 379.503 and 379.504 to judicially pursue
 2150  injunctive relief. If the commission exercises its authority to
 2151  judicially pursue injunctive relief, penalties in any amount up
 2152  to the statutory maximum sought by the commission must be
 2153  pursued as part of the state court action and not by initiating
 2154  a separate administrative proceeding. The commission retains the
 2155  authority to judicially pursue penalties in excess of $10,000
 2156  for violations not specifically included in the administrative
 2157  penalty schedule, or for multiple or multiday violations alleged
 2158  to exceed a total of $10,000. The commission also retains the
 2159  authority provided in this section and ss. 379.503 and 379.504
 2160  to judicially pursue injunctive relief and damages, if a notice
 2161  of violation seeking the imposition of administrative penalties
 2162  has not been issued. The commission may enter into a settlement
 2163  before or after initiating a notice of violation, and the
 2164  settlement may include a penalty amount that is different from
 2165  the administrative penalty schedule. Any case filed in state
 2166  court because it is alleged to exceed a total of $10,000 in
 2167  penalties may be settled in the court action for less than
 2168  $10,000.
 2169         (h)Chapter 120 does apply to any administrative action
 2170  taken by the commission under this section or any delegated
 2171  program pursuing administrative penalties in accordance with
 2172  this section.
 2173         (3)Administrative penalties must be calculated according
 2174  to the following schedule:
 2175         (a)For violations of s. 379.501(1)(a) or (b), $3,000.
 2176         (b)For failure to conduct required monitoring or testing
 2177  in compliance with a permit, $2,000.
 2178         (c)For failure to prepare, submit, maintain, or use
 2179  required reports or other required documentation, $500.
 2180         (d)For failure to comply with any other regulatory statute
 2181  or rule requirement relating to the administration of the
 2182  commission’s powers under s. 369.20 or s. 369.22 not otherwise
 2183  identified in this section, $500.
 2184         (4)For each additional day during which a violation
 2185  occurs, the administrative penalties in subsection (3) may be
 2186  assessed per day, per violation.
 2187         (5)The history of noncompliance of the violator for any
 2188  previous violation resulting in an executed consent order, but
 2189  not including a consent order entered into without a finding of
 2190  violation, or resulting in a final order or judgment on or after
 2191  July 1, 2009, involving the imposition of $2,000 or more in
 2192  penalties, shall be taken into consideration in the following
 2193  manner:
 2194         (a)One previous such violation within 5 years prior to the
 2195  filing of the notice of violation shall result in a 25 percent
 2196  per day increase in the scheduled administrative penalty.
 2197         (b)Two previous such violations within 5 years prior to
 2198  the filing of the notice of violation shall result in a 50
 2199  percent per day increase in the scheduled administrative
 2200  penalty.
 2201         (c)Three or more previous such violations within 5 years
 2202  before the filing of the notice of violation shall result in a
 2203  100 percent per day increase in the scheduled administrative
 2204  penalty.
 2205         (6)The direct economic benefit gained by the violator from
 2206  the violation shall be added to the scheduled administrative
 2207  penalty. The total administrative penalty, including any
 2208  economic benefit added to the scheduled administrative penalty,
 2209  may not exceed $10,000.
 2210         (7)The administrative penalties assessed for any
 2211  particular violation may not exceed $3,000 against any one
 2212  violator, unless the violator has a history of noncompliance,
 2213  the economic benefit of the violation as described in subsection
 2214  (6) exceeds $3,000, or there are multiday violations. The total
 2215  administrative penalties may not exceed $10,000 per assessment
 2216  for all violations attributable to a specific person in the
 2217  notice of violation.
 2218         (8)The administrative law judge may receive evidence in
 2219  mitigation. The penalties identified in subsection (3) may be
 2220  reduced up to 50 percent by the administrative law judge for
 2221  mitigating circumstances, including good faith efforts to comply
 2222  prior to or after discovery of the violations by the commission.
 2223  Upon an affirmative finding that the violation was caused by
 2224  circumstances beyond the reasonable control of the respondent
 2225  and could not have been prevented by the respondent’s due
 2226  diligence, the administrative law judge may further reduce the
 2227  penalty.
 2228         (9)Penalties collected under this section shall be
 2229  deposited into the Invasive Plant Control Trust Fund to carry
 2230  out the purposes set forth in ss. 369.20, 369.22, and 369.252.
 2231  The Florida Conflict Resolution Consortium may use a portion of
 2232  the fund to administer the mediation process provided in
 2233  paragraph (2)(e) and to contract with private mediators for
 2234  administrative penalty cases related to s. 369.20 or s. 369.22.
 2235         (10)The purpose of the administrative penalty schedule and
 2236  process is to provide a more predictable and efficient manner
 2237  for individuals and businesses to resolve relatively minor
 2238  environmental disputes. Subsections (3) through (7) do not limit
 2239  a state court in the assessment of damages. The administrative
 2240  penalty schedule does not apply to the judicial imposition of
 2241  civil penalties in state court as provided in this section.
 2242         Section 49. Section 379.503, Florida Statutes, is created
 2243  to read:
 2244         379.503Civil action.—
 2245         (1)The commission may institute a civil action in a court
 2246  of competent jurisdiction to seek injunctive relief to enforce
 2247  compliance with ss. 379.501, 379.502, and 379.504 or any rule,
 2248  regulation, permit, certification, or order adopted or issued by
 2249  the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
 2250  violation specified in s. 379.501(1); and to seek injunctive
 2251  relief to prevent irreparable injury to the waters and property,
 2252  including animal, plant, and aquatic life, of the state and to
 2253  protect human health, safety, and welfare caused or threatened
 2254  by any violation of s. 379.501.
 2255         (2)All the judicial and administrative remedies to recover
 2256  damages and penalties in this section and s. 379.502 are
 2257  alternative and mutually exclusive.
 2258         Section 50. Section 379.504, Florida Statutes, is created
 2259  to read:
 2260         379.504Civil liability; joint and several liability.—
 2261         (1)Whoever commits a violation specified in s. 379.501(1)
 2262  is liable to the state for any damage caused to the waters or
 2263  property of the state, including animal, plant, or aquatic life,
 2264  and for reasonable costs and expenses of the state in restoring
 2265  its waters and property, including animal, plant, and aquatic
 2266  life, to their former condition, and furthermore is subject to
 2267  the judicial imposition of a civil penalty for each offense in
 2268  an amount of not more than $10,000 per offense. However, the
 2269  court may receive evidence in mitigation. Each day during any
 2270  portion of which such violation occurs constitutes a separate
 2271  offense. This section does not give the commission the right to
 2272  bring an action on behalf of any private person.
 2273         (2) If two or more persons violate s. 379.501(1) so that
 2274  the damage is indivisible, each violator shall be jointly and
 2275  severally liable for the damage and for the reasonable cost and
 2276  expenses of the state incurred in restoring the waters and
 2277  property of the state, including the animal, plant, and aquatic
 2278  life, to their former condition. However, if the damage is
 2279  divisible and may be attributed to a particular violator or
 2280  violators, each violator is liable only for that damage
 2281  attributable to his or her violation.
 2282         (3) In assessing damages for fish killed, the value of the
 2283  fish shall be determined in accordance with a table of values
 2284  for individual categories of fish, which shall be adopted by the
 2285  Department of Environmental Protection pursuant to s.
 2286  403.141(3). The total number of fish killed may be estimated by
 2287  standard practices used in estimating fish population.
 2288         Section 51. Subsection (1) of section 403.088, Florida
 2289  Statutes, is amended to read:
 2290         403.088 Water pollution operation permits; conditions.—
 2291         (1) No person, without written authorization of the
 2292  department, shall discharge into waters within the state any
 2293  waste which, by itself or in combination with the wastes of
 2294  other sources, reduces the quality of the receiving waters below
 2295  the classification established for them. However, this section
 2296  shall not be deemed to prohibit the application of pesticides to
 2297  waters in the state for the control of insects, aquatic weeds,
 2298  or algae, provided the application is performed pursuant to a
 2299  program approved by the Department of Health, in the case of
 2300  insect control, or the Fish and Wildlife Conservation Commission
 2301  department, in the case of aquatic weed or algae control. The
 2302  department is directed to enter into interagency agreements to
 2303  establish the procedures for program approval. Such agreements
 2304  shall provide for public health, welfare, and safety, as well as
 2305  environmental factors. Approved programs must provide that only
 2306  chemicals approved for the particular use by the United States
 2307  Environmental Protection Agency or by the Department of
 2308  Agriculture and Consumer Services may be employed and that they
 2309  be applied in accordance with registered label instructions,
 2310  state standards for such application, and the provisions of the
 2311  Florida Pesticide Law, part I of chapter 487.
 2312         Section 52. The statutory powers, duties, and functions
 2313  related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
 2314  which were transferred by chapter 2008-150, Laws of Florida, and
 2315  all records, personnel, and property; unexpended balances of
 2316  appropriations, allocations, and other funds; administrative
 2317  authority; administrative rules; pending issues; and existing
 2318  contracts of the Bureau of Invasive Plant Management in the
 2319  Department of Environmental Protection are transferred by a type
 2320  two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
 2321  Fish and Wildlife Conservation Commission. All actions taken
 2322  pursuant to chapter 2008-150, Laws of Florida, and the
 2323  Interagency Agreement executed thereto are ratified.
 2324         Section 53. The Invasive Plant Control Trust Fund, FLAIR
 2325  number 37-2-030, in the Department of Environmental Protection
 2326  is transferred to the Fish and Wildlife Conservation Commission,
 2327  FLAIR number 77-2-030.
 2328         Section 54. For the purpose of incorporating the amendment
 2329  made by this act to section 319.32, Florida Statutes, in a
 2330  reference thereto, paragraph (a) of subsection (2) of section
 2331  379.209, Florida Statutes, is reenacted to read:
 2332         379.209 Nongame Wildlife Trust Fund.—
 2333         (2)(a) There is established within the Fish and Wildlife
 2334  Conservation Commission the Nongame Wildlife Trust Fund. The
 2335  fund shall be credited with moneys collected pursuant to ss.
 2336  319.32(3) and 320.02(8). Additional funds may be provided from
 2337  legislative appropriations and by donations from interested
 2338  individuals and organizations. The commission shall designate an
 2339  identifiable unit to administer the trust fund.
 2340         Section 55. For the purpose of incorporating the amendment
 2341  made by this act to section 379.353, Florida Statutes, in a
 2342  reference thereto, subsection (7) of section 379.3581, Florida
 2343  Statutes, is reenacted to read:
 2344         379.3581 Hunter safety course; requirements; penalty.—
 2345         (7) The hunter safety requirements of this section do not
 2346  apply to persons for whom licenses are not required under s.
 2347  379.353(2).
 2348         Section 56. For the 2009-2010 fiscal year, the sum of
 2349  $185,000 is appropriated from the State Game Trust Fund to the
 2350  Fish and Wildlife Conservation Commission for license issuance
 2351  costs resulting from changes to the saltwater fishing shoreline
 2352  exemption.
 2353         Section 57. Effective October 1, 2009, section 327.22,
 2354  Florida Statutes, is repealed.
 2355         Section 58. Subsection (7) of section 379.366, Florida
 2356  Statutes, is repealed.
 2357         Section 59. Except as otherwise expressly provided in this
 2358  act, this act shall take effect July 1, 2009.