Florida Senate - 2014                                    SB 1126
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00665B-14                                           20141126__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 327.355, F.S.; providing that
    4         a boating safety course may be offered in a classroom
    5         or online; conforming provisions relating to the
    6         reassignment of the boating safety program from the
    7         Department of Environmental Protection to the
    8         commission; amending s. 327.4105, F.S.; requiring the
    9         commission to submit an updated report relating to the
   10         regulation of mooring vessels; extending the
   11         expiration date of the pilot program for the
   12         regulation of mooring vessels; amending s. 327.731,
   13         F.S.; providing that a boating safety course may be
   14         offered in a classroom or online; eliminating an
   15         exemption from boating safety education requirements
   16         for boating law violators; amending s. 328.72, F.S.;
   17         expanding a county’s authorization to use moneys
   18         collected from vessel registration fees; amending s.
   19         379.101, F.S.; redefining and defining certain terms;
   20         conforming a cross-reference; repealing s.
   21         379.2257(3), F.S., relating to a charge to be applied
   22         to areas covered by cooperative agreements with the
   23         United States Forest Service over and above the
   24         license fee for hunting; amending s. 379.247, F.S.;
   25         removing provisions relating to noncommercial
   26         trawling; amending s. 379.353, F.S.; conforming
   27         provisions relating to the change in responsibility
   28         for providing developmental disabilities services,
   29         from the Department of Children and Families to the
   30         Agency for Persons with Disabilities; conforming
   31         provisions to changes made by the act; amending s.
   32         379.354, F.S.; authorizing the commission to require a
   33         license, permit, or authorization number for a person
   34         to take certain wildlife on public lands; clarifying
   35         that a license to take fur-bearing animals is required
   36         unless otherwise provided; conforming provisions to
   37         changes made by the act; repealing s. 379.355, F.S.,
   38         relating to special recreational spiny lobster
   39         licenses; amending s. 379.3581, F.S.; revising the
   40         proof of compliance that certain people must have in
   41         their personal possession to take game, fur-bearing
   42         animals, or other wildlife; requiring certain people
   43         to provide a valid hunter safety certification card
   44         number in order to purchase a Florida hunting license;
   45         providing that such license indicates completion of
   46         the hunter safety course; providing that a license
   47         with a special authorization to hunt under supervision
   48         serves as proof of compliance; conforming provisions
   49         to changes made by the act; repealing s. 379.363(1)(h)
   50         and (i), F.S., relating to the annual gear license
   51         fee; repealing s. 379.3635, F.S., relating to haul
   52         seine and trawl permits to be used in Lake Okeechobee;
   53         amending ss. 379.208, 379.337, 379.401, and 589.19,
   54         F.S.; conforming cross-references and provisions to
   55         changes made by the act; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (5) of section 327.355, Florida
   60  Statutes, is amended to read:
   61         327.355 Operation of vessels by persons under 21 years of
   62  age who have consumed alcoholic beverages.—
   63         (5) A Any person who is convicted of a violation of
   64  subsection (1) shall be ordered by the court to punished as
   65  follows:
   66         (a) The court shall order the defendant to Participate in
   67  public service or a community work project for a minimum of 50
   68  hours;
   69         (b) The court shall order the defendant to Refrain from
   70  operating any vessel until the 50 hours of public service or
   71  community work have has been performed; and
   72         (c) Enroll in, attend, and successfully complete, at his or
   73  her own expense, a classroom or online boating safety course
   74  that meets minimum standards established by commission the
   75  department by rule.
   76         Section 2. Subsections (5) and (6) of section 327.4105,
   77  Florida Statutes, are amended to read:
   78         327.4105 Pilot program for regulation of mooring vessels
   79  outside of public mooring fields.—The Fish and Wildlife
   80  Conservation Commission, in consultation with the Department of
   81  Environmental Protection, is directed to establish a pilot
   82  program to explore potential options for regulating the
   83  anchoring or mooring of non-live-aboard vessels outside the
   84  marked boundaries of public mooring fields.
   85         (5) The commission shall submit a report of its findings
   86  and recommendations to the Governor, the President of the
   87  Senate, and the Speaker of the House of Representatives by
   88  January 1, 2014, and shall submit an updated report by January
   89  1, 2017.
   90         (6) The pilot program shall expire on July 1, 2017 2014,
   91  unless reenacted by the Legislature. All ordinances enacted
   92  under this section shall expire concurrently with the expiration
   93  of the pilot program and shall be inoperative and unenforceable
   94  thereafter.
   95         Section 3. Subsection (1) of section 327.731, Florida
   96  Statutes, is amended to read:
   97         327.731 Mandatory education for violators.—
   98         (1) A Every person convicted of a criminal violation under
   99  of this chapter, every person convicted of a noncriminal
  100  infraction under this chapter if the infraction resulted in a
  101  reportable boating accident, or and every person convicted of
  102  two noncriminal infractions as specified defined in s.
  103  327.73(1)(h)-(k), (m), (o), (p), and (s)-(x), said infractions
  104  occurring within a 12-month period, must:
  105         (a) Enroll in, attend, and successfully complete, at his or
  106  her own expense, a classroom or online boating safety course
  107  that is approved by and meets the minimum standards established
  108  by the commission by rule; however, the commission may provide
  109  by rule pursuant to chapter 120 for waivers of the attendance
  110  requirement for violators residing in areas where classroom
  111  presentation of the course is not available;
  112         (b) File with the commission within 90 days proof of
  113  successful completion of the course; and
  114         (c) Refrain from operating a vessel until he or she has
  115  filed the proof of successful completion of the course with the
  116  commission.
  117  
  118  Any person who has successfully completed an approved boating
  119  course shall be exempt from these provisions upon showing proof
  120  to the commission as specified in paragraph (b).
  121         Section 4. Subsection (15) of section 328.72, Florida
  122  Statutes, is amended to read:
  123         328.72 Classification; registration; fees and charges;
  124  surcharge; disposition of fees; fines; marine turtle stickers.—
  125         (15) DISTRIBUTION OF FEES.—Except for the first $2, $1 of
  126  which shall be remitted to the state for deposit into the Save
  127  the Manatee Trust Fund created within the Fish and Wildlife
  128  Conservation Commission and $1 of which shall be remitted to the
  129  state for deposit into the Marine Resources Conservation Trust
  130  Fund to fund a grant program for public launching facilities,
  131  pursuant to s. 206.606, giving priority consideration to
  132  counties with more than 35,000 registered vessels, moneys
  133  designated for the use of the counties, as specified in
  134  subsection (1), shall be distributed by the tax collector to the
  135  board of county commissioners for use only as provided in this
  136  section. Such moneys to be returned to the counties are for the
  137  sole purposes of providing, maintaining, or operating
  138  recreational channel marking and other uniform waterway markers,
  139  public boat ramps, lifts, and hoists, marine railways, boat
  140  piers, docks, mooring buoys, and other public launching
  141  facilities; and removing, derelict vessels, debris that
  142  specifically impede boat access, not including the dredging of
  143  channels vessel removal, and removal of vessels and floating
  144  structures deemed a hazard to public safety and health for
  145  failure to comply with s. 327.53. Counties shall demonstrate
  146  through an annual detailed accounting report of vessel
  147  registration revenues that the registration fees were spent as
  148  provided in this subsection. This report shall be provided to
  149  the Fish and Wildlife Conservation Commission no later than
  150  November 1 of each year. If, before prior to January 1 of each
  151  calendar year, the annual detailed accounting report meeting the
  152  prescribed criteria has still not been provided to the
  153  commission, the tax collector of that county may shall not
  154  distribute the moneys designated for the use of counties, as
  155  specified in subsection (1), to the board of county
  156  commissioners but shall, instead, for the next calendar year,
  157  remit such moneys to the state for deposit into the Marine
  158  Resources Conservation Trust Fund. The commission shall return
  159  those moneys to the county if the county fully complies with
  160  this section within that calendar year. If the county does not
  161  fully comply with this section within that calendar year, the
  162  moneys shall remain within the Marine Resources Trust Fund and
  163  may be appropriated for the purposes specified in this
  164  subsection.
  165         Section 5. Present subsections (29) through (39) of section
  166  379.101, Florida Statutes, are renumbered as subsections (30)
  167  through (40), respectively, new subsections (29) and (41) are
  168  added to that section, and subsections (3), (20), and (27) and
  169  present subsection (30) of that section are amended, to read:
  170         379.101 Definitions.—In construing these statutes, where
  171  the context does not clearly indicate otherwise, the word,
  172  phrase, or term:
  173         (3) “Closed season” means shall be that portion of the year
  174  during which wherein the laws or rules of Florida forbid the
  175  taking of particular species of wildlife game or varieties of
  176  fish is prohibited by state law or by commission rule.
  177         (20) “Game” means deer, bear, squirrel, rabbits, and, where
  178  designated by commission rules, wild hogs, ducks, geese, rails,
  179  coots, gallinules, snipe, woodcock, wild turkeys, grouse,
  180  pheasants, quail, and doves.
  181         (27) “Open season” means shall be that portion of the year
  182  during which state wherein the laws allow for of Florida for the
  183  preservation of fish and game permit the taking of particular
  184  species of wildlife game or varieties of fish.
  185         (29) “Public lands” means lands within the state which are
  186  available for public use and are owned, operated, or managed by
  187  a federal, state, county, or municipal governmental entity.
  188         (31)(30) “Resident” or “resident of Florida” means:
  189         (a) For purposes of part VII and for purposes of s.
  190  379.355, a citizen of the United States who has continuously
  191  resided in this state for 1 year before applying for a hunting,
  192  fishing, or other license. However, for purposes of ss. 379.363,
  193  379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
  194  379.374, 379.3751, 379.3752, 379.3761, and 379.3762, the term
  195  “resident” or “resident of Florida” means a citizen of the
  196  United States who has continuously resided in this state for 6
  197  months before applying for a hunting, fishing, or other license.
  198         (b) For purposes of part VI, except s. 379.355:
  199         1. A Any member of the United States Armed Forces who is
  200  stationed in the state and his or her family members residing
  201  with such member; or
  202         2. A Any person who has declared Florida as his or her only
  203  state of residence as evidenced by a valid Florida driver
  204  license or identification card that has with both a Florida
  205  address and a Florida residency verified by the Department of
  206  Highway Safety and Motor Vehicles, or, in the absence thereof,
  207  one of the following:
  208         a. A current Florida voter information card;
  209         b. A sworn statement manifesting and evidencing domicile in
  210  Florida in accordance with s. 222.17;
  211         c. Proof of a current Florida homestead exemption; or
  212         d. For a child younger than 18 years of age, a student
  213  identification card from a Florida school or, if when
  214  accompanied by his or her parent at the time of purchase, the
  215  parent’s proof of residency.
  216         (41) “Wildlife” means a wild or nondomesticated bird,
  217  mammal, fur-bearing animal, reptile, or amphibian.
  218         Section 6. Subsection (3) of section 379.2257, Florida
  219  Statutes, is repealed.
  220         Section 7. Paragraph (d) of subsection (4) and subsection
  221  (5) of section 379.247, Florida Statutes, are amended to read:
  222         379.247 Regulation of shrimp fishing; Clay, Duval, Nassau,
  223  Putnam, Flagler, and St. Johns Counties.—
  224         (4) DEAD SHRIMP PRODUCTION.—Any person may operate as a
  225  commercial dead shrimp producer provided that:
  226         (d) No person holding a dead shrimp production permit
  227  issued pursuant to this subsection shall simultaneously hold a
  228  permit for noncommercial trawling under the provisions of
  229  subsection (5). The number of permits issued by the commission
  230  for commercial trawling or dead shrimp production in any one
  231  year shall be limited to those active in the base year, 1976,
  232  and renewed annually since 1976. All permits for dead shrimp
  233  production issued pursuant to this section shall be inheritable
  234  or transferable to an immediate family member and annually
  235  renewable by the holder thereof. Such inheritance or transfer
  236  shall be valid upon being registered with the commission. Each
  237  permit not renewed shall expire and shall not be renewed under
  238  any circumstances.
  239         (5) NONCOMMERCIAL TRAWLING.—If noncommercial trawling is
  240  authorized by the Fish and Wildlife Conservation Commission, any
  241  person may trawl for shrimp in the St. Johns River for his or
  242  her own use as food under the following conditions:
  243         (a) Each person who desires to trawl for shrimp for use as
  244  food shall obtain a noncommercial trawling permit from the local
  245  office of the Fish and Wildlife Conservation Commission upon
  246  filling out an application on a form prescribed by the
  247  commission and upon paying a fee for the permit, which shall
  248  cost $50.
  249         (b) All trawling shall be restricted to the confines of the
  250  St. Johns River proper in the area north of the Acosta Bridge in
  251  Jacksonville and at least 100 yards from the nearest shoreline.
  252         (c) No shrimp caught by a person licensed under the
  253  provisions of this subsection may be sold or offered for sale.
  254         Section 8. Paragraphs (g) and (o) of subsection (2) of
  255  section 379.353, Florida Statutes, are amended to read:
  256         379.353 Recreational licenses and permits; exemptions from
  257  fees and requirements.—
  258         (2) A hunting, freshwater fishing, or saltwater fishing
  259  license or permit is not required for:
  260         (g) Any person fishing who has been accepted as a client
  261  for developmental disabilities services by the Agency for
  262  Persons with Disabilities if Department of Children and Family
  263  Services, provided the agency department furnishes proof
  264  thereof.
  265         (o) Any employee of the commission who takes freshwater
  266  fish, saltwater fish, or wildlife game as part of employment
  267  with the commission, or any other person authorized by
  268  commission permit to take freshwater fish, saltwater fish, or
  269  wildlife game for scientific or educational purposes.
  270         Section 9. Subsections (1), (3), (4), (5), and (9),
  271  paragraph (b) of subsection (11), paragraph (b) of subsection
  272  (12), and subsection (17) of section 379.354, Florida Statutes,
  273  are amended to read:
  274         379.354 Recreational licenses, permits, and authorization
  275  numbers; fees established.—
  276         (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED.—
  277         (a) Except as provided in s. 379.353, a no person may not
  278  shall take game, freshwater or saltwater fish, or fur-bearing
  279  animals within this state without having first obtaining
  280  obtained a license, permit, or authorization number and paying
  281  paid the fees set forth in this chapter.
  282         (b) A license, permit, or authorization number may be
  283  required by commission rule or order for the taking of other
  284  wildlife on public lands if determined by the commission to be
  285  necessary for the proper management of natural resources, public
  286  safety, or public access.
  287         (c)A Such license, permit, or authorization number
  288  authorizes shall authorize the person to whom it is issued to
  289  take the wildlife or game, freshwater or saltwater fish for
  290  which the license, permit, or authorization number is issued, or
  291  fur-bearing animals, and to participate in outdoor recreational
  292  activities in accordance with the laws of the state laws and
  293  rules of the commission rules.
  294         (3) PERSONAL POSSESSION REQUIRED.—Each license, permit, or
  295  authorization number must be in the personal possession of the
  296  person to whom it is issued while such person is taking,
  297  attempting to take, or possessing game, freshwater or saltwater
  298  fish, or wildlife if a license, permit, or authorization number
  299  is required pursuant to this section or s. 379.353 fur-bearing
  300  animals. A Any person taking, attempting to take, or possessing
  301  wildlife or game, freshwater or saltwater fish, or fur-bearing
  302  animals who fails to produce a license, permit, or authorization
  303  number at the request of a commission law enforcement officer
  304  violates this subsection commits a violation of the law.
  305         (4) RESIDENT HUNTING AND FISHING LICENSES.—The licenses and
  306  fees for residents participating in hunting and fishing
  307  activities in this state are as follows:
  308         (a) Annual freshwater fishing license, $15.50.
  309         (b) Annual saltwater fishing license, $15.50.
  310         (c) Annual hunting license to take wildlife game, $15.50.
  311         (d) Annual combination hunting and freshwater fishing
  312  license, $31.
  313         (e) Annual combination freshwater fishing and saltwater
  314  fishing license, $31.
  315         (f) Annual combination hunting, freshwater fishing, and
  316  saltwater fishing license, $46.50.
  317         (g) Annual license to take fur-bearing animals, $25.
  318  Notwithstanding a license issued under this section or a license
  319  or exemption under s. 379.353, this license is required to take
  320  fur-bearing animals unless otherwise provided in this paragraph.
  321  However, A resident with a valid hunting license or a no-cost
  322  license who is taking fur-bearing animals for noncommercial
  323  purposes using guns or dogs only, and not traps or other
  324  devices, is not required to purchase this license. Also, a
  325  resident 65 years of age or older is not required to purchase
  326  this license.
  327         (h) Annual sportsman’s license, $79, except that an annual
  328  sportsman’s license for a resident 64 years of age or older is
  329  $12. A sportsman’s license authorizes the person to whom it is
  330  issued to take wildlife game and freshwater fish, subject to the
  331  state and federal laws, rules, and regulations, including rules
  332  of the commission, in effect at the time of the taking. Other
  333  authorized activities include activities authorized by a
  334  management area permit, a muzzle-loading gun season permit, a
  335  crossbow season permit, a turkey permit, a Florida waterfowl
  336  permit, a deer permit, and an archery season permit.
  337         (i) Annual gold sportsman’s license, $98.50. The gold
  338  sportsman’s license authorizes the person to whom it is issued
  339  to take freshwater fish, saltwater fish, and wildlife game,
  340  subject to the state and federal laws, rules, and regulations,
  341  including rules of the commission, in effect at the time of
  342  taking. Other authorized activities include those activities
  343  authorized by a management area permit, a muzzle-loading gun
  344  season permit, a crossbow season permit, a turkey permit, a
  345  Florida waterfowl permit, a deer permit, an archery season
  346  permit, a snook permit, and a spiny lobster permit.
  347         (j) Annual military gold sportsman’s license, $18.50. A The
  348  gold sportsman’s license authorizes the person to whom it is
  349  issued to take freshwater fish, saltwater fish, and game,
  350  subject to the state and federal laws, rules, and regulations,
  351  including rules of the commission, in effect at the time of
  352  taking. Other authorized activities include activities
  353  authorized by a management area permit, a muzzle-loading gun
  354  season permit, a crossbow season permit, a turkey permit, a
  355  Florida waterfowl permit, a deer permit, an archery season
  356  permit, a snook permit, and a spiny lobster permit. Any resident
  357  who is an active or retired member of the United States Armed
  358  Forces, the United States Armed Forces Reserve, the National
  359  Guard, the United States Coast Guard, or the United States Coast
  360  Guard Reserve may is eligible to purchase the military gold
  361  sportsman’s license upon submission of a current military
  362  identification card. The annual military gold sportsman’s
  363  license authorizes the same activities as the annual gold
  364  sportsman’s license.
  365         (k) An annual resident shoreline fishing license shall be
  366  issued without a fee to allow a any resident to saltwater fish
  367  from land or from a structure fixed to the land. This license is
  368  not required for a any resident issued any other license
  369  identified in this section which allows the taking of saltwater
  370  fish.
  371         (5) NONRESIDENT HUNTING AND FISHING LICENSES.—The licenses
  372  and fees for nonresidents participating in hunting and fishing
  373  activities in the state are as follows:
  374         (a) Freshwater fishing license to take freshwater fish for
  375  3 consecutive days, $15.50.
  376         (b) Freshwater fishing license to take freshwater fish for
  377  7 consecutive days, $28.50.
  378         (c) Saltwater fishing license to take saltwater fish for 3
  379  consecutive days, $15.50.
  380         (d) Saltwater fishing license to take saltwater fish for 7
  381  consecutive days, $28.50.
  382         (e) Annual freshwater fishing license, $45.50.
  383         (f) Annual saltwater fishing license, $45.50.
  384         (g) Hunting license to take wildlife game for 10
  385  consecutive days, $45.
  386         (h) Annual hunting license to take wildlife game, $150.
  387         (i) Annual license to take fur-bearing animals, $25.
  388  Notwithstanding a license issued under this section or a license
  389  or exemption under s. 379.353, this license is required to take
  390  fur-bearing animals unless otherwise provided in this paragraph.
  391  However, A nonresident with a valid Florida hunting license who
  392  is taking fur-bearing animals for noncommercial purposes using
  393  guns or dogs only, and not traps or other devices, is not
  394  required to purchase this license.
  395         (9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.—
  396         (a) Five-year licenses are available for residents only, as
  397  follows:
  398         1. A 5-year freshwater fishing or saltwater fishing license
  399  is $77.50 for each type of license and authorizes the person to
  400  whom the license is issued to take or attempt to take or possess
  401  freshwater fish or saltwater fish consistent with the state and
  402  federal laws and regulations and rules of the commission in
  403  effect at the time of taking.
  404         2. A 5-year hunting license is $77.50 and authorizes the
  405  person to whom it is issued to take or attempt to take or
  406  possess wildlife game consistent with the state and federal laws
  407  and regulations and rules of the commission in effect at the
  408  time of taking.
  409         3. The commission may is authorized to sell the hunting,
  410  fishing, and recreational activity permits authorized under in
  411  subsection (8) for a 5-year period to coincide with match the
  412  purchase of 5-year fishing and hunting licenses. The fee for
  413  each permit issued under this paragraph is shall be five times
  414  the annual fee cost established in subsection (8).
  415         (b) Proceeds from the sale of all 5-year licenses and
  416  permits shall be deposited into the Dedicated License Trust
  417  Fund, to be distributed in accordance with the provisions of s.
  418  379.203.
  419         (11) RESIDENT LIFETIME HUNTING LICENSES.—
  420         (b) The following activities are authorized by the purchase
  421  of a lifetime hunting license:
  422         1. Taking, or attempting to take or possess, wildlife game
  423  consistent with the state and federal laws and regulations and
  424  rules of the commission in effect at the time of the taking.
  425         2. All activities authorized by a muzzle-loading gun season
  426  permit, a crossbow season permit, a turkey permit, an archery
  427  season permit, a Florida waterfowl permit, a deer permit, and a
  428  management area permit, excluding fishing.
  429         (12) RESIDENT LIFETIME SPORTSMAN’S LICENSES.—
  430         (b) The following activities are authorized by the purchase
  431  of a lifetime sportsman’s license:
  432         1. Taking, or attempting to take or possess, freshwater and
  433  saltwater fish, and wildlife game, consistent with the state and
  434  federal laws and regulations and rules of the commission in
  435  effect at the time of taking.
  436         2. All activities authorized by a management area permit, a
  437  muzzle-loading gun season permit, a crossbow season permit, a
  438  turkey permit, an archery season permit, a Florida waterfowl
  439  permit, a deer permit, a snook permit, and a spiny lobster
  440  permit.
  441         (17) SUSPENDED OR REVOKED LICENSES.—A person may not take
  442  game, freshwater fish, saltwater fish, or fur-bearing animals,
  443  or other wildlife for which the commission determines that a
  444  license, permit, or authorization number is required under
  445  subsection (1) within this state if a license issued to such
  446  person as required under this section or a privilege granted to
  447  such person under s. 379.353 is suspended or revoked. A person
  448  who violates this subsection commits a Level Three violation
  449  under s. 379.401.
  450         Section 10. Section 379.355, Florida Statutes, is repealed.
  451         Section 11. Subsections (2) and (6) of section 379.3581,
  452  Florida Statutes, are amended to read:
  453         379.3581 Hunter safety course; requirements; penalty.—
  454         (2)(a) Except as provided in paragraph (b), a person born
  455  on or after June 1, 1975, may not be issued a license pursuant
  456  to s. 379.353 or s. 379.354 to take wildlife wild animal life
  457  with the use of a firearm, gun, bow, or crossbow in this state
  458  without having first successfully completed a hunter safety
  459  course, as provided in this section, and without having in his
  460  or her personal possession a hunter safety certification card,
  461  as provided in this section.
  462         (b) A person born on or after June 1, 1975, who has not
  463  successfully completed a hunter safety course may apply to the
  464  commission for a special authorization to hunt under
  465  supervision. The special authorization for supervised hunting
  466  shall be designated on any license or permit required under this
  467  chapter for a person to take wildlife game or fur-bearing
  468  animals. A person issued a license with a special authorization
  469  to hunt under supervision must hunt under the supervision of,
  470  and in the presence of, a person 21 years of age or older who is
  471  licensed to hunt pursuant to s. 379.354 or who is exempt from
  472  licensure licensing requirements or eligible for a free license
  473  pursuant to s. 379.353.
  474         (6) A person All persons subject to the requirements of
  475  subsection (2) must have in his or her their personal possession
  476  proof of compliance with this section, while taking or
  477  attempting to take, wildlife with the use of a firearm, gun,
  478  bow, or crossbow, game, fur-bearing animals, or other wildlife
  479  for which the commission determines that a license, permit, or
  480  authorization number is required under s. 379.354(1).
  481         (a) A person subject to paragraph (2)(a) must provide and
  482  must, unless the requirement to complete a hunter safety course
  483  is deferred pursuant to this section, display a valid hunter
  484  safety certification card number in order to purchase a Florida
  485  hunting license. After the issuance of such a license, the
  486  license indicates the completion of the hunter safety course and
  487  serves itself shall serve as proof of compliance with this
  488  section. Otherwise, the only acceptable proof of compliance with
  489  this section for a person subject to paragraph (2)(a) is a valid
  490  hunter safety certification card.
  491         (b) For a person subject to paragraph (2)(b), a license
  492  with a special authorization to hunt under supervision issued
  493  pursuant to paragraph (2)(b) serves as proof of compliance with
  494  this section A holder of a lifetime license whose license does
  495  not indicate on the face of the license that a hunter safety
  496  course has been completed must have in his or her personal
  497  possession a hunter safety certification card, as provided by
  498  this section, while attempting to take wild animal life with the
  499  use of a firearm, gun, bow, or crossbow.
  500         Section 12. Paragraphs (h) and (i) of subsection (1) of
  501  section 379.363, Florida Statutes, are repealed.
  502         Section 13. Section 379.3635, Florida Statutes, is
  503  repealed.
  504         Section 14. Paragraph (c) of subsection (2) of section
  505  379.208, Florida Statutes, is amended to read:
  506         379.208 Marine Resources Conservation Trust Fund;
  507  purposes.—
  508         (2) The Marine Resources Conservation Trust Fund shall
  509  receive the proceeds from:
  510         (c) All fees collected under ss. 379.2424, 379.355,
  511  379.357, 379.365, 379.366, and 379.3671.
  512         Section 15. Paragraph (d) of subsection (5) of section
  513  379.337, Florida Statutes, is amended to read:
  514         379.337 Confiscation, seizure, and forfeiture of property
  515  and products.—
  516         (5) CONFISCATION AND SALE OF PERISHABLE SALTWATER PRODUCTS;
  517  PROCEDURE.—
  518         (d) For purposes of confiscation under this subsection, the
  519  term “saltwater products” has the same meaning as provided set
  520  out in s. 379.101(36), except that the term does not include
  521  saltwater products harvested under the authority of a
  522  recreational license unless the amount of such harvested
  523  products exceeds three times the applicable recreational bag
  524  limit for trout, snook, or redfish.
  525         Section 16. Paragraph (a) of subsection (1) and paragraph
  526  (a) of subsection (3) of section 379.401, Florida Statutes, are
  527  amended to read:
  528         379.401 Penalties and violations; civil penalties for
  529  noncriminal infractions; criminal penalties; suspension and
  530  forfeiture of licenses and permits.—
  531         (1)(a) LEVEL ONE VIOLATIONS.—A person commits a Level One
  532  violation if he or she violates any of the following provisions:
  533         1. Rules or orders of the commission relating to the filing
  534  of reports or other documents required to be filed by persons
  535  who hold recreational licenses and permits issued by the
  536  commission.
  537         2. Rules or orders of the commission relating to quota hunt
  538  permits, daily use permits, hunting zone assignments, camping,
  539  alcoholic beverages, vehicles, and check stations within
  540  wildlife management areas or other areas managed by the
  541  commission.
  542         3. Rules or orders of the commission relating to daily use
  543  permits, alcoholic beverages, swimming, possession of firearms,
  544  operation of vehicles, and watercraft speed within fish
  545  management areas managed by the commission.
  546         4. Rules or orders of the commission relating to vessel
  547  size or specifying motor restrictions on specified water bodies.
  548         5. Section 379.355, providing for special recreational
  549  spiny lobster licenses.
  550         5.6. Section 379.354(1)-(15), providing for recreational
  551  licenses to hunt, fish, and trap.
  552         6.7. Section 379.3581, providing hunter safety course
  553  requirements.
  554         7.8. Section 379.3003, prohibiting deer hunting unless
  555  required clothing is worn.
  556         (3)(a) LEVEL THREE VIOLATIONS.—A person commits a Level
  557  Three violation if he or she violates any of the following
  558  provisions:
  559         1. Rules or orders of the commission prohibiting the sale
  560  of saltwater fish.
  561         2. Rules or orders of the commission prohibiting the
  562  illegal importation or possession of exotic marine plants or
  563  animals.
  564         3. Section 379.407(2), establishing major violations.
  565         4. Section 379.407(4), prohibiting the possession of
  566  certain finfish in excess of recreational daily bag limits.
  567         5. Section 379.28, prohibiting the importation of
  568  freshwater fish.
  569         6. Section 379.354(17), prohibiting the taking of game,
  570  freshwater fish, or saltwater fish, fur-bearing animals, or
  571  other wildlife while a required license is suspended or revoked.
  572         7. Section 379.3014, prohibiting the illegal sale or
  573  possession of alligators.
  574         8. Section 379.404(1), (3), and (5) (6), prohibiting the
  575  illegal taking and possession of deer and wild turkey.
  576         9. Section 379.406, prohibiting the possession and
  577  transportation of commercial quantities of freshwater game fish.
  578         Section 17. Paragraph (b) of subsection (4) of section
  579  589.19, Florida Statutes, is amended to read:
  580         589.19 Creation of certain state forests; naming of certain
  581  state forests; Operation Outdoor Freedom Program.—
  582         (4)
  583         (b) Participation in the Operation Outdoor Freedom Program
  584  is shall be limited to Florida residents, as defined in s.
  585  379.101(31)(b) s. 379.101(30)(b), who:
  586         1. Are honorably discharged military veterans certified by
  587  the United States Department of Veterans Affairs or its
  588  predecessor or by any branch of the United States Armed Forces
  589  to be at least 30 percent permanently service-connected
  590  disabled;
  591         2. Have been awarded the Military Order of the Purple
  592  Heart; or
  593         3. Are active duty servicemembers with a service-connected
  594  injury as determined by his or her branch of the United States
  595  Armed Forces.
  596  
  597  Proof of eligibility under this subsection, as prescribed by the
  598  Florida Forest Service, may be required.
  599         Section 18. This act shall take effect July 1, 2014.