Florida Senate - 2013                       CS for CS for SB 448
       
       
       
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senators Dean and Simpson
       
       
       
       576-04660-13                                           2013448c2
    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. 328.72,
    6         F.S.; deleting the automatic adjustment of vessel
    7         registration fees every 5 years; amending s. 379.101,
    8         F.S.; revising the definition of the term “resident”
    9         or “resident of Florida” for purposes of provisions
   10         relating to recreational and nonrecreational activity
   11         licenses; providing for certain evidence of residence;
   12         revising the definition of the term “resident alien”
   13         to remove a county residency requirement; amending s.
   14         379.353, F.S.; exempting individuals participating in
   15         certain outdoor recreational events from requirements
   16         for a hunting or fishing license or permit; amending
   17         s. 379.354, F.S.; deleting a provision that provides
   18         for an automatic adjustment of recreational hunting
   19         and fishing license fees every 5 years; revising the
   20         number of days the commission may designate as free
   21         fishing days each year; amending s. 379.361, F.S.;
   22         revising requirements for a restricted species
   23         endorsement on a saltwater products license; providing
   24         an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (25) of section 327.02, Florida
   29  Statutes, is amended to read:
   30         327.02 Definitions of terms used in this chapter and in
   31  chapter 328.—As used in this chapter and in chapter 328, unless
   32  the context clearly requires a different meaning, the term:
   33         (25) “Navigation rules” means:
   34         (a) For vessels on waters outside of established
   35  navigational lines of demarcation as specified in 33 C.F.R. part
   36  80, the International Navigational Rules Act of 1977, 33 U.S.C.
   37  appendix following s. 1602, as amended, including the appendix
   38  and annexes thereto, through October 1, 2012.
   39         (b) For vessels on all waters not outside of such
   40  established navigational lines of demarcation, as specified in
   41  33 C.F.R. part 80 or the Inland Navigational Rules Act of 1980,
   42  33 C.F.R. parts 83-90, as amended, through October 1, 2012 33
   43  U.S.C. ss. 2001 et seq., as amended, including the annexes
   44  thereto, for vessels on all waters not outside of such lines of
   45  demarcation.
   46         Section 2. Subsection (1) of section 328.72, Florida
   47  Statutes, is amended to read
   48         328.72 Classification; registration; fees and charges;
   49  surcharge; disposition of fees; fines; marine turtle stickers.—
   50         (1) VESSEL REGISTRATION FEE.—
   51         (a) Vessels that are required to be registered shall be
   52  classified for registration purposes according to the following
   53  schedule, and the registration certificate fee shall be in the
   54  following amounts:
   55         Class A-1—Less than 12 feet in length, and all canoes to
   56  which propulsion motors have been attached, regardless of
   57  length: $5.50 for each 12-month period registered.
   58         Class A-2—12 feet or more and less than 16 feet in length:
   59  $16.25 for each 12-month period registered.
   60  (To county): 2.85 for each 12-month period registered.
   61         Class 1—16 feet or more and less than 26 feet in length:
   62  $28.75 for each 12-month period registered.
   63  (To county): 8.85 for each 12-month period registered.
   64         Class 2—26 feet or more and less than 40 feet in length:
   65  $78.25 for each 12-month period registered.
   66  (To county): 32.85 for each 12-month period registered.
   67         Class 3—40 feet or more and less than 65 feet in length:
   68  $127.75 for each 12-month period registered.
   69  (To county): 56.85 for each 12-month period registered.
   70         Class 4—65 feet or more and less than 110 feet in length:
   71  $152.75 for each 12-month period registered.
   72  (To county): 68.85 for each 12-month period registered.
   73         Class 5—110 feet or more in length: $189.75 for each 12
   74  month period registered.
   75  (To county): 86.85 for each 12-month period registered.
   76         Dealer registration certificate: $25.50 for each 12-month
   77  period registered.
   78  
   79  The county portion of the vessel registration fee is derived
   80  from recreational vessels only.
   81         (b) In 2013 and every 5 years thereafter, vessel
   82  registration fees shall be adjusted by the percentage change in
   83  the Consumer Price Index for All Urban Consumers since the fees
   84  were last adjusted, unless otherwise provided by general law. By
   85  February 1 of each year in which an adjustment is scheduled to
   86  occur, the Fish and Wildlife Conservation Commission shall
   87  submit a report to the President of the Senate and the Speaker
   88  of the House of Representatives detailing how the increase in
   89  vessel registration fees will be used within the agency. The
   90  vessel registration fee increases shall take effect July 1 of
   91  each adjustment year.
   92         Section 3. Subsections (30) and (31) of section 379.101,
   93  Florida Statutes, are amended to read:
   94         379.101 Definitions.—In construing these statutes, where
   95  the context does not clearly indicate otherwise, the word,
   96  phrase, or term:
   97         (30) “Resident” or “resident of Florida” means:
   98         (a) For purposes of part VII of this chapter, with the
   99  exception of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
  100  379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761,
  101  379.3762, and 379.377, and for purposes of s. 379.355, citizens
  102  of the United States who have continuously resided in this state
  103  for 1 year before applying for a, next preceding the making of
  104  their application for hunting, fishing, or other license, for
  105  the following period of time, to wit: For 1 year in the state
  106  and 6 months in the county when applied to all fish and game
  107  laws not related to freshwater fish and game. However, for
  108  purposes of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
  109  379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761, and
  110  379.3762, the term “resident” or “resident of Florida” means a
  111  citizen of the United States who has continuously resided in
  112  this state for 6 months before applying for a hunting, fishing,
  113  or other license.
  114         (b) For purposes of part VI of this chapter, except with
  115  the exception of s. 379.355:, and for purposes of ss. 379.363,
  116  379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
  117  379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377,
  118  any person who has continually resided in the state for 6 months
  119  or
  120         1. Any member of the United States Armed Forces who is
  121  stationed in the state and his or her family members residing
  122  with such member; or
  123         2. Any person who has declared Florida as his or her only
  124  state of residence as evidenced by a valid Florida driver
  125  license or identification card with both a Florida address and
  126  residency verified by the Department of Highway Safety and Motor
  127  Vehicles, or, in the absence thereof, one of the following:
  128         a. A current Florida voter information card;
  129         b. A sworn statement manifesting and evidencing domicile in
  130  Florida in accordance with s. 222.17;
  131         c. Proof of a current Florida homestead exemption; or
  132         d. For a child younger than 18 years of age, a student
  133  identification card from a Florida school, or, when accompanied
  134  by his or her parent at the time of purchase, the parent’s proof
  135  of residency.
  136         (31) “Resident alien” means shall mean those persons who
  137  have continuously resided in this state for at least 1 year and
  138  6 months in the county and can provide documentation from the
  139  Bureau of Citizenship and Immigration Services evidencing
  140  permanent residency status in the United States. For the
  141  purposes of this chapter, a “resident alien” shall be considered
  142  a “resident.”
  143         Section 4. Paragraph (q) is added to subsection (2) of
  144  section 379.353, Florida Statutes, to read:
  145         379.353 Recreational licenses and permits; exemptions from
  146  fees and requirements.—
  147         (2) A hunting, freshwater fishing, or saltwater fishing
  148  license or permit is not required for:
  149         (q) Those persons exempted by commission permit issued
  150  under this paragraph. The commission may issue a permit for an
  151  outdoor recreational event for which the primary purpose is the
  152  rehabilitation or enjoyment of veterans certified by the United
  153  States Department of Veterans Affairs or its predecessor or by
  154  any branch of the United States Armed Forces to have any
  155  service-connected disability percentage rating of zero percent
  156  or higher, active duty or reserve duty service members of any
  157  branch of the United States Armed Forces, the United States
  158  Coast Guard, military reserves, the Florida National Guard, or
  159  the United States Coast Guard Reserve. A permit issued under
  160  this paragraph shall exempt such veterans, service members,
  161  their immediate family members and one additional person
  162  designated to assist each veteran certified to be a disabled
  163  veteran, from having to possess a hunting, freshwater fishing,
  164  or saltwater fishing license for the duration of the event. For
  165  purposes of this exemption, the term “immediate family members”
  166  means parents, spouses, and children. The commission shall
  167  promulgate rules to implement this paragraph. Factors for the
  168  commission to consider in determining to issue a permit under
  169  this paragraph include, but are not limited to, hunting and
  170  fishing seasons, time frame or duration of the event, species
  171  concerns, and the number of such permits granted to the
  172  organizer of the event during the calendar year the permit is
  173  requested.
  174         Section 5. Subsections (1) and (15) of section 379.354,
  175  Florida Statutes, are amended to read:
  176         379.354 Recreational licenses, permits, and authorization
  177  numbers; fees established.—
  178         (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED.—
  179         (a) Except as provided in s. 379.353, no person shall take
  180  game, freshwater or saltwater fish, or fur-bearing animals
  181  within this state without having first obtained a license,
  182  permit, or authorization number and paid the fees set forth in
  183  this chapter. Such license, permit, or authorization number
  184  shall authorize the person to whom it is issued to take game,
  185  freshwater or saltwater fish, or fur-bearing animals, and
  186  participate in outdoor recreational activities in accordance
  187  with the laws of the state and rules of the commission.
  188         (b) In 2013 and every 5 years thereafter, license and
  189  permit fees established in subsections (4) and (5) shall be
  190  adjusted by the percentage change in the Consumer Price Index
  191  for All Urban Consumers since the fees were last adjusted,
  192  unless otherwise provided by general law. By February 1 of each
  193  year in which an adjustment is scheduled to occur, the Fish and
  194  Wildlife Conservation Commission shall submit a report to the
  195  President of the Senate and the Speaker of the House of
  196  Representatives detailing how the increase in license and permit
  197  fees will be used within the agency. The license and permit fee
  198  increases shall take effect July 1 of each adjustment year.
  199         (15) FREE FISHING DAYS.—The commission may designate by
  200  rule no more than 4 2 consecutive or nonconsecutive days in each
  201  year as free freshwater fishing days and no more than 4 2
  202  consecutive or nonconsecutive days in each year as free
  203  saltwater fishing days. Notwithstanding any other provision of
  204  this chapter, any person may take freshwater fish for
  205  noncommercial purposes on a free freshwater fishing day and may
  206  take saltwater fish for noncommercial purposes on a free
  207  saltwater fishing day, without obtaining or possessing a license
  208  or permit or paying a license or permit fee as prescribed in
  209  this section. A person who takes freshwater or saltwater fish on
  210  a free fishing day must comply with all laws, rules, and
  211  regulations governing the holders of a fishing license or permit
  212  and all other conditions and limitations regulating the taking
  213  of freshwater or saltwater fish as are imposed by law or rule.
  214         Section 6. Paragraph (b) of subsection (2) of section
  215  379.361, Florida Statutes, is amended to read:
  216         379.361 Licenses.—
  217         (2) SALTWATER PRODUCTS LICENSE.—
  218         (b)1. A restricted species endorsement on the saltwater
  219  products license is required to sell to a licensed wholesale
  220  dealer those species which the state, by law or rule, has
  221  designated as “restricted species.” This endorsement may be
  222  issued only to a person who is at least 16 years of age, or to a
  223  firm certifying that over 25 percent of its income or $5,000 of
  224  its income, whichever is less, is attributable to the sale of
  225  saltwater products pursuant to a saltwater products license
  226  issued under this paragraph or a similar license from another
  227  state. This endorsement may also be issued to a for-profit
  228  corporation if it certifies that at least $5,000 of its income
  229  is attributable to the sale of saltwater products pursuant to a
  230  saltwater products license issued under this paragraph or a
  231  similar license from another state. However, if at least 50
  232  percent of the annual income of a person, firm, or for-profit
  233  corporation is derived from charter fishing, the person, firm,
  234  or for-profit corporation must certify that at least $2,500 of
  235  the income of the person, firm, or corporation is attributable
  236  to the sale of saltwater products pursuant to a saltwater
  237  products license issued under this paragraph or a similar
  238  license from another state, in order to be issued the
  239  endorsement. Such income attribution must apply to at least 1 of
  240  the last 3 years. For the purpose of this section, “income”
  241  means that income that is attributable to work, employment,
  242  entrepreneurship, pensions, retirement benefits, and social
  243  security benefits.
  244         2. To renew an existing restricted species endorsement, a
  245  marine aquaculture producer possessing a valid saltwater
  246  products license with a restricted species endorsement may apply
  247  income from the sale of marine aquaculture products to licensed
  248  wholesale dealers.
  249         3. The commission may is authorized to require verification
  250  of such income for all restricted species endorsements issued
  251  pursuant to this paragraph. Acceptable proof of income earned
  252  from the sale of saltwater products shall be:
  253         a. Copies of trip ticket records generated pursuant to this
  254  subsection (marine fisheries information system), documenting
  255  qualifying sale of saltwater products;
  256         b. Copies of sales records from locales other than Florida
  257  documenting qualifying sale of saltwater products;
  258         c. A copy of the applicable federal income tax return,
  259  including Form 1099 attachments, verifying income earned from
  260  the sale of saltwater products;
  261         d. Crew share statements verifying income earned from the
  262  sale of saltwater products; or
  263         e. A certified public accountant’s notarized statement
  264  attesting to qualifying source and amount of income.
  265         4. Notwithstanding any other provision of law, any person
  266  who owns a retail seafood market or restaurant at a fixed
  267  location for at least 3 years, who has had an occupational
  268  license for 3 years before prior to January 1, 1990, who
  269  harvests saltwater products to supply his or her retail store,
  270  and who has had a saltwater products license for 1 of the past 3
  271  license years before prior to January 1, 1990, may provide proof
  272  of his or her verification of income and sales value at the
  273  person’s retail seafood market or restaurant and in his or her
  274  saltwater products enterprise by affidavit and shall thereupon
  275  be issued a restricted species endorsement.
  276         5.4. Exceptions from income requirements shall be as
  277  follows:
  278         a. A permanent restricted species endorsement shall be
  279  available to those persons age 62 and older who have qualified
  280  for such endorsement for at least 3 of the last 5 years.
  281         b. Active military duty time shall be excluded from
  282  consideration of time necessary to qualify and shall not be
  283  counted against the applicant for purposes of qualifying.
  284         c. Upon the sale of a used commercial fishing vessel owned
  285  by a person, firm, or corporation possessing or eligible for a
  286  restricted species endorsement, the purchaser of such vessel
  287  shall be exempted from the qualifying income requirement for the
  288  purpose of obtaining a restricted species endorsement for a
  289  complete license period of 1 year after purchase of the vessel.
  290         d. Upon the death or permanent disablement of a person
  291  possessing a restricted species endorsement, an immediate family
  292  member wishing to carry on the fishing operation shall be
  293  exempted from the qualifying income requirement for the purpose
  294  of obtaining a restricted species endorsement for a complete
  295  license period of 1 year after the death or disablement.
  296         e. A restricted species endorsement may be issued on an
  297  individual saltwater products license to a person age 62 or
  298  older who documents that at least $2,500 of such person’s income
  299  is attributable to the sale of saltwater products.
  300         f. A permanent restricted species endorsement may also be
  301  issued on an individual saltwater products license to a person
  302  age 70 or older who has held a saltwater products license for at
  303  least 3 of the last 5 license years.
  304         g. Any resident who is certified to be totally and
  305  permanently disabled by the Railroad Retirement Board, by the
  306  United States Department of Veterans Affairs or its predecessor,
  307  or by any branch of the United States Armed Forces, or who holds
  308  a valid identification card issued by the Department of
  309  Veterans’ Affairs pursuant to s. 295.17, upon proof of the same,
  310  or any resident certified to be disabled by the United States
  311  Social Security Administration or a licensed physician, upon
  312  proof of the same, shall be exempted from the income
  313  requirements if he or she also has held a saltwater products
  314  license for at least 3 of the last 5 license years before prior
  315  to the date of the disability. A restricted species endorsement
  316  issued under this paragraph may be issued only on an individual
  317  saltwater products license.
  318         h. An honorably discharged, resident military veteran
  319  certified by the United States Department of Veterans Affairs or
  320  its predecessor or by any branch of the United States Armed
  321  Forces to have a service-connected permanent disability rating
  322  of 10 percent or higher, upon providing proof of such disability
  323  rating, is not required to provide documentation for the income
  324  requirement with his or her initial application for a restricted
  325  species endorsement. Documentation for the income requirement is
  326  required beginning with the renewal of the restricted species
  327  endorsement after such veteran has possessed a valid restricted
  328  species endorsement for a complete license year. This exemption
  329  applies only to issuance of the endorsement on an individual
  330  saltwater products license and is a one-time exemption. In order
  331  to renew the restricted species endorsement on an individual
  332  saltwater products license, the veteran must document that at
  333  least $2,500 of his or her income is attributable to the sale of
  334  saltwater products.
  335         i. Beginning July 1, 2014, a resident military veteran who
  336  applies to the commission within 48 months after receiving an
  337  honorable discharge from any branch of the United States Armed
  338  Forces, the United States Coast Guard, the military reserves,
  339  the Florida National Guard, or the United States Coast Guard
  340  Reserve is not required to provide documentation for the income
  341  requirement with his or her initial application for a restricted
  342  species endorsement. Documentation for the income requirement is
  343  required beginning with the renewal of the restricted species
  344  endorsement after such veteran has possessed a valid restricted
  345  species endorsement for a complete license year. This exemption
  346  applies only to issuance of the endorsement on an individual
  347  saltwater products license and may only be applied one time per
  348  military enlistment.
  349         j. Until June 30, 2014, a resident military veteran who
  350  applies to the commission and who received an honorable
  351  discharge from any branch of the United States Armed Forces, the
  352  United States Coast Guard, the military reserves, the Florida
  353  National Guard, or the United States Coast Guard Reserve between
  354  September 11, 2001, and June 30, 2014, is not required to
  355  provide documentation for the income requirement with his or her
  356  initial application for a restricted species endorsement.
  357  Documentation for the income requirement is required beginning
  358  with the renewal of the restricted species endorsement after
  359  such veteran has possessed a valid restricted species
  360  endorsement for a complete license year. This exemption applies
  361  only to issuance of the endorsement on an individual saltwater
  362  products license.
  363         Section 7. This act shall take effect July 1, 2013.