Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1126
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2014 .
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(Dean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (5) of section 327.355, Florida
6 Statutes, is amended to read:
7 327.355 Operation of vessels by persons under 21 years of
8 age who have consumed alcoholic beverages.—
9 (5) A Any person who is convicted of a violation of
10 subsection (1) shall be ordered by the court to be punished as
11 follows:
12 (a) The court shall order the defendant to Participate in
13 public service or a community work project for a minimum of 50
14 hours;
15 (b) The court shall order the defendant to Refrain from
16 operating any vessel until the 50 hours of public service or
17 community work has been performed; and
18 (c) Enroll in, attend, and successfully complete, at his or
19 her own expense, a classroom or online boating safety course
20 that meets minimum standards established by commission the
21 department by rule.
22 Section 2. Subsections (5) and (6) of section 327.4105,
23 Florida Statutes, are amended to read:
24 327.4105 Pilot program for regulation of mooring vessels
25 outside of public mooring fields.—The Fish and Wildlife
26 Conservation Commission, in consultation with the Department of
27 Environmental Protection, is directed to establish a pilot
28 program to explore potential options for regulating the
29 anchoring or mooring of non-live-aboard vessels outside the
30 marked boundaries of public mooring fields.
31 (5) The commission shall submit a report of its findings
32 and recommendations to the Governor, the President of the
33 Senate, and the Speaker of the House of Representatives by
34 January 1, 2014, and shall submit an updated report by January
35 1, 2017.
36 (6) The pilot program shall expire on July 1, 2017 2014,
37 unless reenacted by the Legislature. All ordinances enacted
38 under this section shall expire concurrently with the expiration
39 of the pilot program and shall be inoperative and unenforceable
40 thereafter.
41 Section 3. Subsection (1) of section 327.731, Florida
42 Statutes, is amended to read:
43 327.731 Mandatory education for violators.—
44 (1) A Every person convicted of a criminal violation under
45 of this chapter, every person convicted of a noncriminal
46 infraction under this chapter if the infraction resulted in a
47 reportable boating accident, or and every person convicted of
48 two noncriminal infractions as specified defined in s.
49 327.73(1)(h)-(k), (m), (o), (p), and (s)-(x), said infractions
50 occurring within a 12-month period, must:
51 (a) Enroll in, attend, and successfully complete, at his or
52 her own expense, a classroom or online boating safety course
53 that is approved by and meets the minimum standards established
54 by the commission by rule; however, the commission may provide
55 by rule pursuant to chapter 120 for waivers of the attendance
56 requirement for violators residing in areas where classroom
57 presentation of the course is not available;
58 (b) File with the commission within 90 days proof of
59 successful completion of the course; and
60 (c) Refrain from operating a vessel until he or she has
61 filed the proof of successful completion of the course with the
62 commission.
63
64 Any person who has successfully completed an approved boating
65 course shall be exempt from these provisions upon showing proof
66 to the commission as specified in paragraph (b).
67 Section 4. Subsection (15) of section 328.72, Florida
68 Statutes, is amended to read:
69 328.72 Classification; registration; fees and charges;
70 surcharge; disposition of fees; fines; marine turtle stickers.—
71 (15) DISTRIBUTION OF FEES.—Except for the first $2, $1 of
72 which shall be remitted to the state for deposit into the Save
73 the Manatee Trust Fund created within the Fish and Wildlife
74 Conservation Commission and $1 of which shall be remitted to the
75 state for deposit into the Marine Resources Conservation Trust
76 Fund to fund a grant program for public launching facilities,
77 pursuant to s. 206.606, giving priority consideration to
78 counties with more than 35,000 registered vessels, moneys
79 designated for the use of the counties, as specified in
80 subsection (1), shall be distributed by the tax collector to the
81 board of county commissioners for use only as provided in this
82 section. Such moneys to be returned to the counties are for the
83 sole purposes of providing, maintaining, or operating
84 recreational channel marking and other uniform waterway markers,
85 public boat ramps, lifts, and hoists, marine railways, boat
86 piers, docks, mooring buoys, and other public launching
87 facilities; and removing, derelict vessels, debris that
88 specifically impede boat access, not including the dredging of
89 channels vessel removal, and removal of vessels and floating
90 structures deemed a hazard to public safety and health for
91 failure to comply with s. 327.53. Counties shall demonstrate
92 through an annual detailed accounting report of vessel
93 registration revenues that the registration fees were spent as
94 provided in this subsection. This report shall be provided to
95 the Fish and Wildlife Conservation Commission no later than
96 November 1 of each year. If, before prior to January 1 of each
97 calendar year, the annual detailed accounting report meeting the
98 prescribed criteria has still not been provided to the
99 commission, the tax collector of that county may shall not
100 distribute the moneys designated for the use of counties, as
101 specified in subsection (1), to the board of county
102 commissioners but shall, instead, for the next calendar year,
103 remit such moneys to the state for deposit into the Marine
104 Resources Conservation Trust Fund. The commission shall return
105 those moneys to the county if the county fully complies with
106 this section within that calendar year. If the county does not
107 fully comply with this section within that calendar year, the
108 moneys shall remain within the Marine Resources Trust Fund and
109 may be appropriated for the purposes specified in this
110 subsection.
111 Section 5. Subsection (3) of section 379.2257, Florida
112 Statutes, is repealed.
113 Section 6. Paragraph (d) of subsection (4) and subsection
114 (5) of section 379.247, Florida Statutes, are amended to read:
115 379.247 Regulation of shrimp fishing; Clay, Duval, Nassau,
116 Putnam, Flagler, and St. Johns Counties.—
117 (4) DEAD SHRIMP PRODUCTION.—Any person may operate as a
118 commercial dead shrimp producer provided that:
119 (d) No person holding a dead shrimp production permit
120 issued pursuant to this subsection shall simultaneously hold a
121 permit for noncommercial trawling under the provisions of
122 subsection (5). The number of permits issued by the commission
123 for commercial trawling or dead shrimp production in any one
124 year shall be limited to those active in the base year, 1976,
125 and renewed annually since 1976. All permits for dead shrimp
126 production issued pursuant to this section shall be inheritable
127 or transferable to an immediate family member and annually
128 renewable by the holder thereof. Such inheritance or transfer
129 shall be valid upon being registered with the commission. Each
130 permit not renewed shall expire and shall not be renewed under
131 any circumstances.
132 (5) NONCOMMERCIAL TRAWLING.—If noncommercial trawling is
133 authorized by the Fish and Wildlife Conservation Commission, any
134 person may trawl for shrimp in the St. Johns River for his or
135 her own use as food under the following conditions:
136 (a) Each person who desires to trawl for shrimp for use as
137 food shall obtain a noncommercial trawling permit from the local
138 office of the Fish and Wildlife Conservation Commission upon
139 filling out an application on a form prescribed by the
140 commission and upon paying a fee for the permit, which shall
141 cost $50.
142 (b) All trawling shall be restricted to the confines of the
143 St. Johns River proper in the area north of the Acosta Bridge in
144 Jacksonville and at least 100 yards from the nearest shoreline.
145 (c) No shrimp caught by a person licensed under the
146 provisions of this subsection may be sold or offered for sale.
147 Section 7. Paragraph (g) of subsection (2) of section
148 379.353, Florida Statutes, is amended to read:
149 379.353 Recreational licenses and permits; exemptions from
150 fees and requirements.—
151 (2) A hunting, freshwater fishing, or saltwater fishing
152 license or permit is not required for:
153 (g) Any person fishing who has been accepted as a client
154 for developmental disabilities services by the Agency for
155 Persons with Disabilities if Department of Children and Family
156 Services, provided the agency department furnishes proof
157 thereof.
158 Section 8. Paragraph (j) of subsection (4) of section
159 379.354, Florida Statutes, is amended to read:
160 379.354 Recreational licenses, permits, and authorization
161 numbers; fees established.—
162 (4) RESIDENT HUNTING AND FISHING LICENSES.—The licenses and
163 fees for residents participating in hunting and fishing
164 activities in this state are as follows:
165 (j) Annual military gold sportsman’s license, $18.50. A The
166 gold sportsman’s license authorizes the person to whom it is
167 issued to take freshwater fish, saltwater fish, and game,
168 subject to the state and federal laws, rules, and regulations,
169 including rules of the commission, in effect at the time of
170 taking. Other authorized activities include activities
171 authorized by a management area permit, a muzzle-loading gun
172 season permit, a crossbow season permit, a turkey permit, a
173 Florida waterfowl permit, a deer permit, an archery season
174 permit, a snook permit, and a spiny lobster permit. Any resident
175 who is an active or retired member of the United States Armed
176 Forces, the United States Armed Forces Reserve, the National
177 Guard, the United States Coast Guard, or the United States Coast
178 Guard Reserve may is eligible to purchase the military gold
179 sportsman’s license upon submission of a current military
180 identification card. The annual military gold sportsman’s
181 license authorizes the same activities as the annual gold
182 sportsman’s license.
183 Section 9. Section 379.355, Florida Statutes, is repealed.
184 Section 10. Paragraphs (h) and (i) of subsection (1) of
185 section 379.363, Florida Statutes, are repealed.
186 Section 11. Section 379.3635, Florida Statutes, is
187 repealed.
188 Section 12. Subsection (30) of section 379.101, Florida
189 Statutes, is amended, to read:
190 379.101 Definitions.—In construing these statutes, where
191 the context does not clearly indicate otherwise, the word,
192 phrase, or term:
193 (30) “Resident” or “resident of Florida” means:
194 (a) For purposes of part VII and for purposes of s.
195 379.355, a citizen of the United States who has continuously
196 resided in this state for 1 year before applying for a hunting,
197 fishing, or other license. However, for purposes of ss. 379.363,
198 379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
199 379.374, 379.3751, 379.3752, 379.3761, and 379.3762, the term
200 “resident” or “resident of Florida” means a citizen of the
201 United States who has continuously resided in this state for 6
202 months before applying for a hunting, fishing, or other license.
203 (b) For purposes of part VI, except s. 379.355:
204 1. A Any member of the United States Armed Forces who is
205 stationed in the state and his or her family members residing
206 with such member; or
207 2. A Any person who has declared Florida as his or her only
208 state of residence as evidenced by a valid Florida driver
209 license or identification card that has with both a Florida
210 address and a Florida residency verified by the Department of
211 Highway Safety and Motor Vehicles, or, in the absence thereof,
212 one of the following:
213 a. A current Florida voter information card;
214 b. A sworn statement manifesting and evidencing domicile in
215 Florida in accordance with s. 222.17;
216 c. Proof of a current Florida homestead exemption; or
217 d. For a child younger than 18 years of age, a student
218 identification card from a Florida school or, if when
219 accompanied by his or her parent at the time of purchase, the
220 parent’s proof of residency.
221 Section 13. Paragraph (c) of subsection (2) of section
222 379.208, Florida Statutes, is amended to read:
223 379.208 Marine Resources Conservation Trust Fund;
224 purposes.—
225 (2) The Marine Resources Conservation Trust Fund shall
226 receive the proceeds from:
227 (c) All fees collected under ss. 379.2424, 379.355,
228 379.357, 379.365, 379.366, and 379.3671.
229 Section 14. Paragraph (a) of subsection (1) and paragraph
230 (a) of subsection (3) of section 379.401, Florida Statutes, are
231 amended to read:
232 379.401 Penalties and violations; civil penalties for
233 noncriminal infractions; criminal penalties; suspension and
234 forfeiture of licenses and permits.—
235 (1)(a) LEVEL ONE VIOLATIONS.—A person commits a Level One
236 violation if he or she violates any of the following provisions:
237 1. Rules or orders of the commission relating to the filing
238 of reports or other documents required to be filed by persons
239 who hold recreational licenses and permits issued by the
240 commission.
241 2. Rules or orders of the commission relating to quota hunt
242 permits, daily use permits, hunting zone assignments, camping,
243 alcoholic beverages, vehicles, and check stations within
244 wildlife management areas or other areas managed by the
245 commission.
246 3. Rules or orders of the commission relating to daily use
247 permits, alcoholic beverages, swimming, possession of firearms,
248 operation of vehicles, and watercraft speed within fish
249 management areas managed by the commission.
250 4. Rules or orders of the commission relating to vessel
251 size or specifying motor restrictions on specified water bodies.
252 5. Section 379.355, providing for special recreational
253 spiny lobster licenses.
254 5.6. Section 379.354(1)-(15), providing for recreational
255 licenses to hunt, fish, and trap.
256 6.7. Section 379.3581, providing hunter safety course
257 requirements.
258 7.8. Section 379.3003, prohibiting deer hunting unless
259 required clothing is worn.
260 (3)(a) LEVEL THREE VIOLATIONS.—A person commits a Level
261 Three violation if he or she violates any of the following
262 provisions:
263 1. Rules or orders of the commission prohibiting the sale
264 of saltwater fish.
265 2. Rules or orders of the commission prohibiting the
266 illegal importation or possession of exotic marine plants or
267 animals.
268 3. Section 379.407(2), establishing major violations.
269 4. Section 379.407(4), prohibiting the possession of
270 certain finfish in excess of recreational daily bag limits.
271 5. Section 379.28, prohibiting the importation of
272 freshwater fish.
273 6. Section 379.354(17), prohibiting the taking of game,
274 freshwater fish, or saltwater fish while a required license is
275 suspended or revoked.
276 7. Section 379.3014, prohibiting the illegal sale or
277 possession of alligators.
278 8. Section 379.404(1), (3), and (6), prohibiting the
279 illegal taking and possession of deer and wild turkey.
280 9. Section 379.406, prohibiting the possession and
281 transportation of commercial quantities of freshwater game fish.
282 Section 15. This act shall take effect July 1, 2014.
283
284 ================= T I T L E A M E N D M E N T ================
285 And the title is amended as follows:
286 Delete everything before the enacting clause
287 and insert:
288 A bill to be entitled
289 An act relating to the Fish and Wildlife Conservation
290 Commission; amending s. 327.355, F.S.; providing that
291 a boating safety course may be offered in a classroom
292 or online; conforming provisions relating to the
293 reassignment of the boating safety program from the
294 Department of Environmental Protection to the
295 commission; amending s. 327.4105, F.S.; requiring the
296 commission to submit an updated report relating to the
297 regulation of mooring vessels; extending the
298 expiration date of the pilot program for the
299 regulation of mooring vessels; amending s. 327.731,
300 F.S.; providing that a boating safety course may be
301 offered in a classroom or online; eliminating an
302 exemption from boating safety education requirements
303 for boating law violators; amending s. 328.72, F.S.;
304 expanding a county’s authorization to use moneys
305 collected from vessel registration fees; repealing s.
306 379.2257(3), F.S., relating to a charge to be applied
307 to areas covered by cooperative agreements with the
308 United States Forest Service over and above the
309 license fee for hunting; amending s. 379.247, F.S.;
310 removing provisions relating to noncommercial
311 trawling; amending s. 379.353, F.S.; conforming
312 provisions relating to the change in responsibility
313 for providing developmental disabilities services from
314 the Department of Children and Families to the Agency
315 for Persons with Disabilities; amending s. 379.354,
316 F.S.; clarifying the activities authorized under an
317 annual military gold sportsman’s license; repealing s.
318 379.355, F.S., relating to special recreational spiny
319 lobster licenses; repealing s. 379.363(1)(h) and (i),
320 F.S., relating to the annual gear license fee;
321 repealing s. 379.3635, F.S., relating to haul seine
322 and trawl permits to be used in Lake Okeechobee;
323 amending ss. 379.101, 379.208, and 379.401, F.S.;
324 conforming cross-references; providing an effective
325 date.