Florida Senate - 2013                                     SB 448
       
       
       
       By Senator Dean
       
       
       
       
       5-00216-13                                             2013448__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 327.02, F.S.; revising the
    4         definition of the term “navigation rules” for purposes
    5         of provisions relating to vessels; amending s.
    6         379.101, F.S.; revising the definition of the term
    7         “resident” or “resident of Florida” for purposes of
    8         provisions relating to recreational and
    9         nonrecreational activity licenses; providing for
   10         certain evidence of residence; revising the definition
   11         of the term “resident alien” to remove a county
   12         residency requirement; amending s. 379.353, F.S.;
   13         exempting individuals participating in certain outdoor
   14         recreational events from requirements for a hunting or
   15         fishing license or permit; amending s. 379.354, F.S.;
   16         revising the number of days the commission may
   17         designate as free fishing days each year; amending s.
   18         379.361, F.S.; revising requirements for a restricted
   19         species endorsement on a saltwater products license;
   20         providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (25) of section 327.02, Florida
   25  Statutes, is amended to read:
   26         327.02 Definitions of terms used in this chapter and in
   27  chapter 328.—As used in this chapter and in chapter 328, unless
   28  the context clearly requires a different meaning, the term:
   29         (25) “Navigation rules” means:
   30         (a) For vessels on waters outside of established
   31  navigational lines of demarcation as specified in 33 C.F.R. part
   32  80, the International Navigational Rules Act of 1977, 33 U.S.C.
   33  appendix following s. 1602, as amended, including the appendix
   34  and annexes thereto, through October 1, 2012.
   35         (b) For vessels on all waters not outside of such
   36  established navigational lines of demarcation, as specified in
   37  33 C.F.R. part 80 or the Inland Navigational Rules Act of 1980,
   38  33 C.F.R. parts 83-90, as amended, through October 1, 2012 33
   39  U.S.C. ss. 2001 et seq., as amended, including the annexes
   40  thereto, for vessels on all waters not outside of such lines of
   41  demarcation.
   42         Section 2. Subsections (30) and (31) of section 379.101,
   43  Florida Statutes, are amended to read:
   44         379.101 Definitions.—In construing these statutes, where
   45  the context does not clearly indicate otherwise, the word,
   46  phrase, or term:
   47         (30) “Resident” or “resident of Florida” means:
   48         (a) For purposes of part VII of this chapter, with the
   49  exception of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
   50  379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761,
   51  379.3762, and 379.377, and for purposes of s. 379.355, citizens
   52  of the United States who have continuously resided in this state
   53  for 1 year before applying for a, next preceding the making of
   54  their application for hunting, fishing, or other license, for
   55  the following period of time, to wit: For 1 year in the state
   56  and 6 months in the county when applied to all fish and game
   57  laws not related to freshwater fish and game. However, for
   58  purposes of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
   59  379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761, and
   60  379.3762, the term “resident” or “resident of Florida” means a
   61  citizen of the United States who has continuously resided in
   62  this state for 6 months before applying for a hunting, fishing,
   63  or other license.
   64         (b) For purposes of part VI of this chapter, except with
   65  the exception of s. 379.355:, and for purposes of ss. 379.363,
   66  379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
   67  379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377,
   68  any person who has continually resided in the state for 6 months
   69  or
   70         1. Any member of the United States Armed Forces who is
   71  stationed in the state and his or her family members residing
   72  with such member; or
   73         2. Any person who has declared Florida as his or her only
   74  state of residence as evidenced by one of the following:
   75         a. A valid Florida driver license or identification card
   76  with a Florida address and not marked as “Valid in Florida
   77  Only”;
   78         b. A current Florida Voter Information Card;
   79         c. A sworn statement manifesting and evidencing domicile in
   80  Florida in accordance with s. 222.17;
   81         d. A current Florida Homestead Exemption; or
   82         e. For a child younger than 18 years of age, a driver
   83  license or identification card as described in sub-subparagraph
   84  a., a student identification card from a Florida school, or,
   85  when accompanied by his or her parent at the time of purchase,
   86  the parent’s proof of residency.
   87         (31) “Resident alien” means shall mean those persons who
   88  have continuously resided in this state for at least 1 year and
   89  6 months in the county and can provide documentation from the
   90  Bureau of Citizenship and Immigration Services evidencing
   91  permanent residency status in the United States. For the
   92  purposes of this chapter, a “resident alien” shall be considered
   93  a “resident.”
   94         Section 3. Paragraph (q) is added to subsection (2) of
   95  section 379.353, Florida Statutes, to read:
   96         379.353 Recreational licenses and permits; exemptions from
   97  fees and requirements.—
   98         (2) A hunting, freshwater fishing, or saltwater fishing
   99  license or permit is not required for:
  100         (q) Any person participating in an outdoor recreational
  101  event authorized by commission permit for the primary purpose of
  102  rehabilitation or enjoyment of veterans certified by the United
  103  States Department of Veterans Affairs or its predecessor or by
  104  any branch of the United States Armed Forces to have any
  105  service-connected disability percentage rating, active duty
  106  personnel of any branch of the United States Armed Forces or the
  107  United States Coast Guard, members of the military reserves, or
  108  members of the Florida National Guard. This exemption applies to
  109  any person participating in such an event regardless of whether
  110  the person is active duty military personnel, a veteran with a
  111  disability, or a member of the military reserves.
  112         Section 4. Subsection (15) of section 379.354, Florida
  113  Statutes, is amended to read:
  114         379.354 Recreational licenses, permits, and authorization
  115  numbers; fees established.—
  116         (15) FREE FISHING DAYS.—The commission may designate by
  117  rule no more than 4 2 consecutive or nonconsecutive days in each
  118  year as free freshwater fishing days and no more than 4 2
  119  consecutive or nonconsecutive days in each year as free
  120  saltwater fishing days. Notwithstanding any other provision of
  121  this chapter, any person may take freshwater fish for
  122  noncommercial purposes on a free freshwater fishing day and may
  123  take saltwater fish for noncommercial purposes on a free
  124  saltwater fishing day, without obtaining or possessing a license
  125  or permit or paying a license or permit fee as prescribed in
  126  this section. A person who takes freshwater or saltwater fish on
  127  a free fishing day must comply with all laws, rules, and
  128  regulations governing the holders of a fishing license or permit
  129  and all other conditions and limitations regulating the taking
  130  of freshwater or saltwater fish as are imposed by law or rule.
  131         Section 5. Paragraph (b) of subsection (2) of section
  132  379.361, Florida Statutes, is amended to read:
  133         379.361 Licenses.—
  134         (2) SALTWATER PRODUCTS LICENSE.—
  135         (b)1. A restricted species endorsement on the saltwater
  136  products license is required to sell to a licensed wholesale
  137  dealer those species which the state, by law or rule, has
  138  designated as “restricted species.” This endorsement may be
  139  issued only to a person who is at least 16 years of age, or to a
  140  firm certifying that over 25 percent of its income or $5,000 of
  141  its income, whichever is less, is attributable to the sale of
  142  saltwater products pursuant to a saltwater products license
  143  issued under this paragraph or a similar license from another
  144  state. This endorsement may also be issued to a for-profit
  145  corporation if it certifies that at least $5,000 of its income
  146  is attributable to the sale of saltwater products pursuant to a
  147  saltwater products license issued under this paragraph or a
  148  similar license from another state. However, if at least 50
  149  percent of the annual income of a person, firm, or for-profit
  150  corporation is derived from charter fishing, the person, firm,
  151  or for-profit corporation must certify that at least $2,500 of
  152  the income of the person, firm, or corporation is attributable
  153  to the sale of saltwater products pursuant to a saltwater
  154  products license issued under this paragraph or a similar
  155  license from another state, in order to be issued the
  156  endorsement. Such income attribution must apply to at least 1 of
  157  the last 3 years. For the purpose of this section, “income”
  158  means that income that is attributable to work, employment,
  159  entrepreneurship, pensions, retirement benefits, and social
  160  security benefits.
  161         2. To renew an existing restricted species endorsement, a
  162  marine aquaculture producer possessing a valid saltwater
  163  products license with a restricted species endorsement may apply
  164  income from the sale of marine aquaculture products to licensed
  165  wholesale dealers.
  166         3. The commission may is authorized to require verification
  167  of such income for all restricted species endorsements issued
  168  pursuant to this paragraph. Acceptable proof of income earned
  169  from the sale of saltwater products shall be:
  170         a. Copies of trip ticket records generated pursuant to this
  171  subsection (marine fisheries information system), documenting
  172  qualifying sale of saltwater products;
  173         b. Copies of sales records from locales other than Florida
  174  documenting qualifying sale of saltwater products;
  175         c. A copy of the applicable federal income tax return,
  176  including Form 1099 attachments, verifying income earned from
  177  the sale of saltwater products;
  178         d. Crew share statements verifying income earned from the
  179  sale of saltwater products; or
  180         e. A certified public accountant’s notarized statement
  181  attesting to qualifying source and amount of income.
  182         4. Notwithstanding any other provision of law, any person
  183  who owns a retail seafood market or restaurant at a fixed
  184  location for at least 3 years, who has had an occupational
  185  license for 3 years before prior to January 1, 1990, who
  186  harvests saltwater products to supply his or her retail store,
  187  and who has had a saltwater products license for 1 of the past 3
  188  license years before prior to January 1, 1990, may provide proof
  189  of his or her verification of income and sales value at the
  190  person’s retail seafood market or restaurant and in his or her
  191  saltwater products enterprise by affidavit and shall thereupon
  192  be issued a restricted species endorsement.
  193         5.4. Exceptions from income requirements shall be as
  194  follows:
  195         a. A permanent restricted species endorsement shall be
  196  available to those persons age 62 and older who have qualified
  197  for such endorsement for at least 3 of the last 5 years.
  198         b. Active military duty time shall be excluded from
  199  consideration of time necessary to qualify and shall not be
  200  counted against the applicant for purposes of qualifying.
  201         c. Upon the sale of a used commercial fishing vessel owned
  202  by a person, firm, or corporation possessing or eligible for a
  203  restricted species endorsement, the purchaser of such vessel
  204  shall be exempted from the qualifying income requirement for the
  205  purpose of obtaining a restricted species endorsement for a
  206  complete license period of 1 year after purchase of the vessel.
  207         d. Upon the death or permanent disablement of a person
  208  possessing a restricted species endorsement, an immediate family
  209  member wishing to carry on the fishing operation shall be
  210  exempted from the qualifying income requirement for the purpose
  211  of obtaining a restricted species endorsement for a complete
  212  license period of 1 year after the death or disablement.
  213         e. A restricted species endorsement may be issued on an
  214  individual saltwater products license to a person age 62 or
  215  older who documents that at least $2,500 of such person’s income
  216  is attributable to the sale of saltwater products.
  217         f. A permanent restricted species endorsement may also be
  218  issued on an individual saltwater products license to a person
  219  age 70 or older who has held a saltwater products license for at
  220  least 3 of the last 5 license years.
  221         g. Any resident who is certified to be totally and
  222  permanently disabled by the Railroad Retirement Board, by the
  223  United States Department of Veterans Affairs or its predecessor,
  224  or by any branch of the United States Armed Forces, or who holds
  225  a valid identification card issued by the Department of
  226  Veterans’ Affairs pursuant to s. 295.17, upon proof of the same,
  227  or any resident certified to be disabled by the United States
  228  Social Security Administration or a licensed physician, upon
  229  proof of the same, shall be exempted from the income
  230  requirements if he or she also has held a saltwater products
  231  license for at least 3 of the last 5 license years before prior
  232  to the date of the disability. A restricted species endorsement
  233  issued under this paragraph may be issued only on an individual
  234  saltwater products license.
  235         h. An honorably discharged, resident military veteran
  236  certified by the United States Department of Veterans Affairs or
  237  its predecessor or by any branch of the United States Armed
  238  Forces to have a service-connected permanent disability rating
  239  of 10 percent or higher, upon providing proof of such disability
  240  rating, is not required to provide documentation for the income
  241  requirement with his or her initial application for a restricted
  242  species endorsement. Documentation for the income requirement is
  243  required beginning with the renewal of the restricted species
  244  endorsement after such veteran has possessed a valid restricted
  245  species endorsement for a complete license year. This exemption
  246  applies only to issuance of the endorsement on an individual
  247  saltwater products license and may only be applied one time per
  248  military enlistment. In order to renew the restricted species
  249  endorsement on an individual saltwater products license, the
  250  veteran must document that at least $2,500 of his or her income
  251  is attributable to the sale of saltwater products.
  252         i. Until June 30, 2014, a resident military veteran who
  253  applies to the commission and who received an honorable
  254  discharge from any branch of the United States Armed Forces, the
  255  United States Coast Guard, the military reserves, or the Florida
  256  National Guard between September 11, 2001, and June 30, 2014, is
  257  not required to provide documentation for the income requirement
  258  with his or her initial application for a restricted species
  259  endorsement. Documentation for the income requirement is
  260  required beginning with the renewal of the restricted species
  261  endorsement after such veteran has possessed a valid restricted
  262  species endorsement for a complete license year. This exemption
  263  applies only to issuance of the endorsement on an individual
  264  saltwater products license.
  265         j. Beginning July 1, 2014, a resident military veteran who
  266  applies to the commission within 48 months after receiving an
  267  honorable discharge from any branch of the United States Armed
  268  Forces, the United States Coast Guard, the military reserves, or
  269  the Florida National Guard is not required to provide
  270  documentation for the income requirement with his or her initial
  271  application for a restricted species endorsement. Documentation
  272  for the income requirement is required beginning with the
  273  renewal of the restricted species endorsement after such veteran
  274  has possessed a valid restricted species endorsement for a
  275  complete license year. This exemption applies only to issuance
  276  of the endorsement on an individual saltwater products license
  277  and may only be applied one time per military enlistment.
  278         Section 6. This act shall take effect July 1, 2013.