Florida Senate - 2014                             CS for SB 1126
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Dean
       
       
       
       
       592-02907-14                                          20141126c1
    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; repealing s.
   19         379.2257(3), F.S., relating to a charge to be applied
   20         to areas covered by cooperative agreements with the
   21         United States Forest Service over and above the
   22         license fee for hunting; amending s. 379.247, F.S.;
   23         removing provisions relating to noncommercial
   24         trawling; amending s. 379.353, F.S.; conforming
   25         provisions relating to the change in responsibility
   26         for providing developmental disabilities services from
   27         the Department of Children and Families to the Agency
   28         for Persons with Disabilities; amending s. 379.354,
   29         F.S.; clarifying the activities authorized under an
   30         annual military gold sportsman’s license; repealing s.
   31         379.355, F.S., relating to special recreational spiny
   32         lobster licenses; repealing s. 379.363(1)(h) and (i),
   33         F.S., relating to the annual gear license fee;
   34         repealing s. 379.3635, F.S., relating to haul seine
   35         and trawl permits to be used in Lake Okeechobee;
   36         amending ss. 379.101, 379.208, and 379.401, F.S.;
   37         conforming cross-references; providing an effective
   38         date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (5) of section 327.355, Florida
   43  Statutes, is amended to read:
   44         327.355 Operation of vessels by persons under 21 years of
   45  age who have consumed alcoholic beverages.—
   46         (5) A Any person who is convicted of a violation of
   47  subsection (1) shall be ordered by the court to be punished as
   48  follows:
   49         (a) The court shall order the defendant to Participate in
   50  public service or a community work project for a minimum of 50
   51  hours;
   52         (b) The court shall order the defendant to Refrain from
   53  operating any vessel until the 50 hours of public service or
   54  community work has been performed; and
   55         (c) Enroll in, attend, and successfully complete, at his or
   56  her own expense, a classroom or online boating safety course
   57  that meets minimum standards established by commission the
   58  department by rule.
   59         Section 2. Subsections (5) and (6) of section 327.4105,
   60  Florida Statutes, are amended to read:
   61         327.4105 Pilot program for regulation of mooring vessels
   62  outside of public mooring fields.—The Fish and Wildlife
   63  Conservation Commission, in consultation with the Department of
   64  Environmental Protection, is directed to establish a pilot
   65  program to explore potential options for regulating the
   66  anchoring or mooring of non-live-aboard vessels outside the
   67  marked boundaries of public mooring fields.
   68         (5) The commission shall submit a report of its findings
   69  and recommendations to the Governor, the President of the
   70  Senate, and the Speaker of the House of Representatives by
   71  January 1, 2014, and shall submit an updated report by January
   72  1, 2017.
   73         (6) The pilot program shall expire on July 1, 2017 2014,
   74  unless reenacted by the Legislature. All ordinances enacted
   75  under this section shall expire concurrently with the expiration
   76  of the pilot program and shall be inoperative and unenforceable
   77  thereafter.
   78         Section 3. Subsection (1) of section 327.731, Florida
   79  Statutes, is amended to read:
   80         327.731 Mandatory education for violators.—
   81         (1) A Every person convicted of a criminal violation under
   82  of this chapter, every person convicted of a noncriminal
   83  infraction under this chapter if the infraction resulted in a
   84  reportable boating accident, or and every person convicted of
   85  two noncriminal infractions as specified defined in s.
   86  327.73(1)(h)-(k), (m), (o), (p), and (s)-(x), said infractions
   87  occurring within a 12-month period, must:
   88         (a) Enroll in, attend, and successfully complete, at his or
   89  her own expense, a classroom or online boating safety course
   90  that is approved by and meets the minimum standards established
   91  by the commission by rule; however, the commission may provide
   92  by rule pursuant to chapter 120 for waivers of the attendance
   93  requirement for violators residing in areas where classroom
   94  presentation of the course is not available;
   95         (b) File with the commission within 90 days proof of
   96  successful completion of the course; and
   97         (c) Refrain from operating a vessel until he or she has
   98  filed the proof of successful completion of the course with the
   99  commission.
  100  
  101  Any person who has successfully completed an approved boating
  102  course shall be exempt from these provisions upon showing proof
  103  to the commission as specified in paragraph (b).
  104         Section 4. Subsection (15) of section 328.72, Florida
  105  Statutes, is amended to read:
  106         328.72 Classification; registration; fees and charges;
  107  surcharge; disposition of fees; fines; marine turtle stickers.—
  108         (15) DISTRIBUTION OF FEES.—Except for the first $2, $1 of
  109  which shall be remitted to the state for deposit into the Save
  110  the Manatee Trust Fund created within the Fish and Wildlife
  111  Conservation Commission and $1 of which shall be remitted to the
  112  state for deposit into the Marine Resources Conservation Trust
  113  Fund to fund a grant program for public launching facilities,
  114  pursuant to s. 206.606, giving priority consideration to
  115  counties with more than 35,000 registered vessels, moneys
  116  designated for the use of the counties, as specified in
  117  subsection (1), shall be distributed by the tax collector to the
  118  board of county commissioners for use only as provided in this
  119  section. Such moneys to be returned to the counties are for the
  120  sole purposes of providing, maintaining, or operating
  121  recreational channel marking and other uniform waterway markers,
  122  public boat ramps, lifts, and hoists, marine railways, boat
  123  piers, docks, mooring buoys, and other public launching
  124  facilities; and removing, derelict vessels, debris that
  125  specifically impede boat access, not including the dredging of
  126  channels vessel removal, and removal of vessels and floating
  127  structures deemed a hazard to public safety and health for
  128  failure to comply with s. 327.53. Counties shall demonstrate
  129  through an annual detailed accounting report of vessel
  130  registration revenues that the registration fees were spent as
  131  provided in this subsection. This report shall be provided to
  132  the Fish and Wildlife Conservation Commission no later than
  133  November 1 of each year. If, before prior to January 1 of each
  134  calendar year, the annual detailed accounting report meeting the
  135  prescribed criteria has still not been provided to the
  136  commission, the tax collector of that county may shall not
  137  distribute the moneys designated for the use of counties, as
  138  specified in subsection (1), to the board of county
  139  commissioners but shall, instead, for the next calendar year,
  140  remit such moneys to the state for deposit into the Marine
  141  Resources Conservation Trust Fund. The commission shall return
  142  those moneys to the county if the county fully complies with
  143  this section within that calendar year. If the county does not
  144  fully comply with this section within that calendar year, the
  145  moneys shall remain within the Marine Resources Trust Fund and
  146  may be appropriated for the purposes specified in this
  147  subsection.
  148         Section 5. Subsection (3) of section 379.2257, Florida
  149  Statutes, is repealed.
  150         Section 6. Paragraph (d) of subsection (4) and subsection
  151  (5) of section 379.247, Florida Statutes, are amended to read:
  152         379.247 Regulation of shrimp fishing; Clay, Duval, Nassau,
  153  Putnam, Flagler, and St. Johns Counties.—
  154         (4) DEAD SHRIMP PRODUCTION.—Any person may operate as a
  155  commercial dead shrimp producer provided that:
  156         (d) No person holding a dead shrimp production permit
  157  issued pursuant to this subsection shall simultaneously hold a
  158  permit for noncommercial trawling under the provisions of
  159  subsection (5). The number of permits issued by the commission
  160  for commercial trawling or dead shrimp production in any one
  161  year shall be limited to those active in the base year, 1976,
  162  and renewed annually since 1976. All permits for dead shrimp
  163  production issued pursuant to this section shall be inheritable
  164  or transferable to an immediate family member and annually
  165  renewable by the holder thereof. Such inheritance or transfer
  166  shall be valid upon being registered with the commission. Each
  167  permit not renewed shall expire and shall not be renewed under
  168  any circumstances.
  169         (5) NONCOMMERCIAL TRAWLING.—If noncommercial trawling is
  170  authorized by the Fish and Wildlife Conservation Commission, any
  171  person may trawl for shrimp in the St. Johns River for his or
  172  her own use as food under the following conditions:
  173         (a) Each person who desires to trawl for shrimp for use as
  174  food shall obtain a noncommercial trawling permit from the local
  175  office of the Fish and Wildlife Conservation Commission upon
  176  filling out an application on a form prescribed by the
  177  commission and upon paying a fee for the permit, which shall
  178  cost $50.
  179         (b) All trawling shall be restricted to the confines of the
  180  St. Johns River proper in the area north of the Acosta Bridge in
  181  Jacksonville and at least 100 yards from the nearest shoreline.
  182         (c) No shrimp caught by a person licensed under the
  183  provisions of this subsection may be sold or offered for sale.
  184         Section 7. Paragraph (g) of subsection (2) of section
  185  379.353, Florida Statutes, is amended to read:
  186         379.353 Recreational licenses and permits; exemptions from
  187  fees and requirements.—
  188         (2) A hunting, freshwater fishing, or saltwater fishing
  189  license or permit is not required for:
  190         (g) Any person fishing who has been accepted as a client
  191  for developmental disabilities services by the Agency for
  192  Persons with Disabilities if Department of Children and Family
  193  Services, provided the agency department furnishes proof
  194  thereof.
  195         Section 8. Paragraph (j) of subsection (4) of section
  196  379.354, Florida Statutes, is amended to read:
  197         379.354 Recreational licenses, permits, and authorization
  198  numbers; fees established.—
  199         (4) RESIDENT HUNTING AND FISHING LICENSES.—The licenses and
  200  fees for residents participating in hunting and fishing
  201  activities in this state are as follows:
  202         (j) Annual military gold sportsman’s license, $18.50. A The
  203  gold sportsman’s license authorizes the person to whom it is
  204  issued to take freshwater fish, saltwater fish, and game,
  205  subject to the state and federal laws, rules, and regulations,
  206  including rules of the commission, in effect at the time of
  207  taking. Other authorized activities include activities
  208  authorized by a management area permit, a muzzle-loading gun
  209  season permit, a crossbow season permit, a turkey permit, a
  210  Florida waterfowl permit, a deer permit, an archery season
  211  permit, a snook permit, and a spiny lobster permit. Any resident
  212  who is an active or retired member of the United States Armed
  213  Forces, the United States Armed Forces Reserve, the National
  214  Guard, the United States Coast Guard, or the United States Coast
  215  Guard Reserve may is eligible to purchase the military gold
  216  sportsman’s license upon submission of a current military
  217  identification card. The annual military gold sportsman’s
  218  license authorizes the same activities as the annual gold
  219  sportsman’s license.
  220         Section 9. Section 379.355, Florida Statutes, is repealed.
  221         Section 10. Paragraphs (h) and (i) of subsection (1) of
  222  section 379.363, Florida Statutes, are repealed.
  223         Section 11. Section 379.3635, Florida Statutes, is
  224  repealed.
  225         Section 12. Subsection (30) of section 379.101, Florida
  226  Statutes, is amended, to read:
  227         379.101 Definitions.—In construing these statutes, where
  228  the context does not clearly indicate otherwise, the word,
  229  phrase, or term:
  230         (30) “Resident” or “resident of Florida” means:
  231         (a) For purposes of part VII and for purposes of s.
  232  379.355, a citizen of the United States who has continuously
  233  resided in this state for 1 year before applying for a hunting,
  234  fishing, or other license. However, for purposes of ss. 379.363,
  235  379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
  236  379.374, 379.3751, 379.3752, 379.3761, and 379.3762, the term
  237  “resident” or “resident of Florida” means a citizen of the
  238  United States who has continuously resided in this state for 6
  239  months before applying for a hunting, fishing, or other license.
  240         (b) For purposes of part VI, except s. 379.355:
  241         1. A Any member of the United States Armed Forces who is
  242  stationed in the state and his or her family members residing
  243  with such member; or
  244         2. A Any person who has declared Florida as his or her only
  245  state of residence as evidenced by a valid Florida driver
  246  license or identification card that has with both a Florida
  247  address and a Florida residency verified by the Department of
  248  Highway Safety and Motor Vehicles, or, in the absence thereof,
  249  one of the following:
  250         a. A current Florida voter information card;
  251         b. A sworn statement manifesting and evidencing domicile in
  252  Florida in accordance with s. 222.17;
  253         c. Proof of a current Florida homestead exemption; or
  254         d. For a child younger than 18 years of age, a student
  255  identification card from a Florida school or, if when
  256  accompanied by his or her parent at the time of purchase, the
  257  parent’s proof of residency.
  258         Section 13. Paragraph (c) of subsection (2) of section
  259  379.208, Florida Statutes, is amended to read:
  260         379.208 Marine Resources Conservation Trust Fund;
  261  purposes.—
  262         (2) The Marine Resources Conservation Trust Fund shall
  263  receive the proceeds from:
  264         (c) All fees collected under ss. 379.2424, 379.355,
  265  379.357, 379.365, 379.366, and 379.3671.
  266         Section 14. Paragraph (a) of subsection (1) and paragraph
  267  (a) of subsection (3) of section 379.401, Florida Statutes, are
  268  amended to read:
  269         379.401 Penalties and violations; civil penalties for
  270  noncriminal infractions; criminal penalties; suspension and
  271  forfeiture of licenses and permits.—
  272         (1)(a) LEVEL ONE VIOLATIONS.—A person commits a Level One
  273  violation if he or she violates any of the following provisions:
  274         1. Rules or orders of the commission relating to the filing
  275  of reports or other documents required to be filed by persons
  276  who hold recreational licenses and permits issued by the
  277  commission.
  278         2. Rules or orders of the commission relating to quota hunt
  279  permits, daily use permits, hunting zone assignments, camping,
  280  alcoholic beverages, vehicles, and check stations within
  281  wildlife management areas or other areas managed by the
  282  commission.
  283         3. Rules or orders of the commission relating to daily use
  284  permits, alcoholic beverages, swimming, possession of firearms,
  285  operation of vehicles, and watercraft speed within fish
  286  management areas managed by the commission.
  287         4. Rules or orders of the commission relating to vessel
  288  size or specifying motor restrictions on specified water bodies.
  289         5. Section 379.355, providing for special recreational
  290  spiny lobster licenses.
  291         5.6. Section 379.354(1)-(15), providing for recreational
  292  licenses to hunt, fish, and trap.
  293         6.7. Section 379.3581, providing hunter safety course
  294  requirements.
  295         7.8. Section 379.3003, prohibiting deer hunting unless
  296  required clothing is worn.
  297         (3)(a) LEVEL THREE VIOLATIONS.—A person commits a Level
  298  Three violation if he or she violates any of the following
  299  provisions:
  300         1. Rules or orders of the commission prohibiting the sale
  301  of saltwater fish.
  302         2. Rules or orders of the commission prohibiting the
  303  illegal importation or possession of exotic marine plants or
  304  animals.
  305         3. Section 379.407(2), establishing major violations.
  306         4. Section 379.407(4), prohibiting the possession of
  307  certain finfish in excess of recreational daily bag limits.
  308         5. Section 379.28, prohibiting the importation of
  309  freshwater fish.
  310         6. Section 379.354(17), prohibiting the taking of game,
  311  freshwater fish, or saltwater fish while a required license is
  312  suspended or revoked.
  313         7. Section 379.3014, prohibiting the illegal sale or
  314  possession of alligators.
  315         8. Section 379.404(1), (3), and (6), prohibiting the
  316  illegal taking and possession of deer and wild turkey.
  317         9. Section 379.406, prohibiting the possession and
  318  transportation of commercial quantities of freshwater game fish.
  319         Section 15. This act shall take effect July 1, 2014.