The Florida Senate

372.001  Definitions.

372.01  Game and Fresh Water Fish Commission.

372.021  Powers, duties, and authority of commission; rules, regulations, and orders.

372.0215  Citizen support organizations; use of state property; audit.

372.0222  Private publication agreements; advertising; costs of production.

372.0225  Freshwater organisms.

372.023  J. W. Corbett and Cecil M. Webb Wildlife Management Areas.

372.025  Everglades recreational sites; definitions.

372.03  Headquarters of commission.

372.04  Director of commission.

372.05  Duties of director.

372.051  Seal of commission; certificate as evidence.

372.06  Meetings of the commission.

372.061  Meetings; authority to hold at any point in state.

372.07  Police powers of commission and its agents.

372.071  Powers of arrest by agents of Department of Environmental Protection or Game and Fresh Water Fish Commission.

372.072  Endangered and Threatened Species Act.

372.0725  Killing or wounding of any species designated as endangered, threatened, or of special concern; criminal penalties.

372.073  Endangered and Threatened Species Reward Program.

372.074  Fish and Wildlife Habitat Program.

372.09  State Game Trust Fund.

372.105  Lifetime Fish and Wildlife Trust Fund.

372.106  Dedicated License Trust Fund.

372.107  Federal Law Enforcement Trust Fund.

372.12  Acquisition of state game lands.

372.121  Control and management of state game lands.

372.16  Private game preserves and farms; penalty.

372.19  Preserves, refuges, etc., not tax exempt.

372.26  Imported fish.

372.265  Regulation of foreign animals.

372.27  Silver Springs and Rainbow Springs, etc., closed to all fishing.

372.31  Disposition of illegal fishing devices.

372.311  Disposition and appraisal of property seized under this chapter.

372.312  Forfeiture proceedings.

372.313  Delivery of property to claimant.

372.314  Proceeding when no claim filed.

372.315  Proceeding when claim filed.

372.316  State attorney to represent state.

372.317  Judgment of forfeiture.

372.318  Service charges.

372.319  Disposition of proceeds of forfeiture.

372.321  Exercise of police power.

372.561  Issuance of licenses to take wild animal life or freshwater aquatic life; costs; reporting.

372.57  Licenses and permits; exemptions; fees.

372.5705  Fish pond license.

372.571  Expiration of licenses and permits.

372.5712  Florida waterfowl permit revenues.

372.5714  Waterfowl Advisory Council.

372.5715  Florida wild turkey permit revenues.

372.5717  Hunter safety course; requirements; penalty.

372.5718  Hunter safety course for juveniles.

372.573  Management area permit revenues.

372.574  Appointment of subagents for the sale of hunting, fishing, and trapping licenses and permits.

372.58  False statement in application for license or permit.

372.581  Entering false information on licenses or permits.

372.59  License and permit not transferable.

372.60  Issuing of replacement license or permit.

372.65  Freshwater fish dealer's license.

372.651  Haul seine and trawl permits; freshwater lakes in excess of 500 square miles; fees.

372.653  Required tagging of fish; lakes in excess of 500 square miles; tag fee; game fish taken in lakes of 500 square miles or less.

372.66  License required for fur and hide dealers.

372.661  Private hunting preserve, license; exception.

372.662  Unlawful sale, possession, or transporting of alligators or alligator skins.

372.663  Illegal killing, possessing, or capturing of alligators or other crocodilia or eggs; confiscation of equipment.

372.664  Prima facie evidence of intent to violate laws protecting alligators.

372.6645  Unlawful to sell alligator products; penalty.

372.665  Word "alligator" or "gator" not to be used in certain sales.

372.667  Feeding or enticement of alligators or crocodiles unlawful; penalty.

372.6671  Alligator trapping program; definitions.

372.6672  Alligator management and trapping program implementation; commission authority.

372.6673  Taking and possession of alligators; trapping licenses; fees.

372.6674  Required tagging of alligators and hides; fees; revenues.

372.6678  Alligator study requirements.

372.671  Florida or wild panther; killing prohibited; penalty.

372.672  Florida Panther Research and Management Trust Fund.

372.673  Florida Panther Technical Advisory Council.

372.674  Environmental education.

372.70  Prosecutions.

372.701  Arrest by officers of the Game and Fresh Water Fish Commission; recognizance; cash bond; citation.

372.7015  Illegal killing, taking, possessing, or selling wildlife or game; fines; disposition of fines.

372.7016  Voluntary Authorized Hunter Identification Program.

372.705  Harassment of hunters, trappers, or fishers.

372.711  Noncriminal infractions.

372.72  Disposition of fines, penalties, and forfeitures.

372.73  Confiscation and disposition of illegally taken game.

372.74  Cooperative agreements with U. S. Forest Service; penalty.

372.75  Use of explosives and other substances prohibited.

372.76  Search and seizure authorized and limited.

372.761  Issuance of warrant for search of private dwelling.

372.77  Assent to provisions of Act of Congress of September 2, 1937.

372.7701  Assent to federal acts.

372.771  Federal conservation of fish and wildlife; limited jurisdiction.

372.83  Noncriminal infractions; criminal penalties; suspension and revocation of licenses and permits.

372.84  Forfeiture or denial of licenses and permits.

372.85  Contaminating fresh waters.

372.86  Possessing, exhibiting poisonous or venomous reptile; license required.

372.87  License fee; renewal, revocation.

372.88  Bond required, amount.

372.89  Safe housing required.

372.90  Transportation.

372.901  Inspection.

372.91  Who may open cages, pits, or other containers housing poisonous or venomous reptiles.

372.911  Rewards.

372.912  Organized poisonous reptile hunts.

372.92  Rules and regulations.

372.921  Exhibition of wildlife.

372.922  Personal possession of wildlife.

372.97  Jim Woodruff Dam; reciprocity agreements.

372.971  St. Mary's River; reciprocity agreements.

372.98  Possession of nutria; license; inspection; penalty for violation.

372.981  Regulation of importation of caiman.

372.988  Required clothing for persons hunting deer.

372.99  Illegal taking and possession of deer and wild turkey; evidence; penalty.

372.9901  Seizure of illegal devices; disposition; appraisal; forfeiture.

372.9902  Inapplicability of ss. 372.99 and 372.9901.

372.9903  Illegal possession or transportation of freshwater game fish in commercial quantities; penalty.

372.9904  Seizure of illegal devices; disposition; appraisal; forfeiture.

372.9905  Applicability of ss. 372.9903 and 372.9904.

372.9906  Wildlife Law Enforcement Program; creation; purposes.

372.991  Nongame Wildlife Trust Fund.

372.992  Nongame Wildlife Advisory Council.

372.993  Land-based commercial and recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity.

372.995  Release of balloons.

372.001  Definitions.--In construing these statutes, when applied to saltwater and freshwater fish, shellfish, crustacea, sponges, wild birds, and wild animals, where the context permits, the word, phrase, or term:

(1)  "Resident" means:

(a)  Any person who has continually resided in this state for 6 months; or

(b)  Any member of the United States Armed Forces who is stationed in this state.

(2)  "Fish and game" includes all fresh and saltwater fish, shellfish, crustacea, sponges, wild birds, and wild animals.

(3)  "Game" means deer, bear, squirrel, rabbits, and, where designated by commission rules, wild hogs, ducks, geese, rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse, pheasants, quail, and doves.

(4)  "Fur-bearing animals" includes muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, and opossum.

(5)  "Nongame" includes all species and populations of indigenous wild vertebrates and invertebrates in the state that are not defined as game.

(6)  "Freshwater fish" includes all classes of pisces that are indigenous to fresh water.

(7)  "Open season" is that portion of the year wherein the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish.

(8)  "Closed season" is that portion of the year wherein the laws of Florida forbid the taking of particular species of game or varieties of fish.

(9)  "Fresh water," except where otherwise provided by law, includes all lakes, rivers, canals, and other waterways of Florida, to such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable and unfit for human consumption, because of the saline content, or to such point or points as may be fixed by the Game and Fresh Water Fish Commission, by and with the consent of the board of county commissioners of the county or counties to be affected by such order. The Steinhatchee River shall be considered fresh water from its source to mouth.

(10)  "Take" means taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater fish, their nests or eggs, by any means, whether or not such actions result in obtaining possession of such wildlife or freshwater fish or their nests or eggs.

(11)  "Fish pond" means a body of water that does not occur naturally and that has been constructed and is maintained primarily for the purpose of fishing.

(12)  "Common carrier" includes any person, firm, or corporation which undertakes for hire, as a regular business, the transportation of persons or commodities from place to place, offering its services to all who may choose to employ it and pay its charges.

(13)  "Transport" includes shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation, carriage, or export.

(14)  "Private hunting preserve" includes any area set aside by a private individual or concern on which artificially propagated game or birds are taken.

(15)  "Fish management area" is a pond, lake, or other water within a county or within several counties designated to improve fishing for public use and established and specifically circumscribed for authorized management by the Game and Fresh Water Fish Commission and the board of county commissioners of the county in which such waters lie under agreement between the commission and an owner with approval by the board of county commissioners or under agreement with the board of county commissioners for use of public waters in the county in which such waters lie.

(16)  "Commission" means the Game and Fresh Water Fish Commission.

(17)  "Authorization" means a number issued by the Game and Fresh Water Fish Commission, or its authorized agent, which serves in lieu of a license or permit and affords the privilege purchased for a specified period of time.

History.--s. 7, ch. 3147, 1879; ss. 1, 2, 3, ch. 3292, 1881; RS 2761, 2762; ss. 1, 18, 21, ch. 6532, 1913; ss. 11, 17, ch. 6877, 1915; RGS 1230, 1247, 1249, 1272, 5830; s. 1, ch. 8588, 1921; s. 1, ch. 11838, 1927; CGL 1788, 1805, 1807, 1840, 1902, 8063; s. 1, ch. 13644, 1929; CGL 1936 Supp. 1977(1); s. 1, ch. 19226, 1939; CGL 1940 Supp. 1977(1-a); s. 1, ch. 59-73; s. 1, ch. 63-30; s. 1, ch. 69-166; s. 222, ch. 81-259; s. 28, ch. 83-216; s. 1, ch. 85-235; s. 10, ch. 96-300.

Note.--Former s. 371.01.

372.01  Game and Fresh Water Fish Commission.--

(1)  The Game and Fresh Water Fish Commission shall consist of five members who shall be appointed by the Governor, subject to confirmation by the Senate, for staggered terms of 5 years.

(2)  Members so appointed shall annually select one of their members as chair. Such chair may be removed at any time for sufficient cause, by the affirmative vote of the majority of the members of the commission. In case the said office of chair becomes vacant by removal or otherwise, the same may be filled for the unexpired term at any time by the commission from its members.

(3)  Commission members shall receive no compensation for their services as such, but shall be reimbursed for travel expenses as provided in s. 112.061.

History.--s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 1, ch. 26766, 1951; s. 19, ch. 63-400; s. 105, ch. 71-355; s. 1, ch. 78-125; s. 567, ch. 95-148.

372.021  Powers, duties, and authority of commission; rules, regulations, and orders.--The Game and Fresh Water Fish Commission may exercise the powers, duties, and authority granted by s. 9, Art. IV of the Constitution of Florida by the adoption of rules, regulations, and orders in accordance with chapter 120.

History.--ss. 4, 5, ch. 21945, 1943; s. 7, ch. 69-216; ss. 10, 35, ch. 69-106; s. 103, ch. 73-333; s. 16, ch. 78-95.

Note.--Former s. 372.82.

372.0215  Citizen support organizations; use of state property; audit.--

(1)  The Game and Fresh Water Fish Commission may authorize the establishment of citizen support organizations to provide assistance, funding, and promotional support for the programs of the commission. For purposes of this section, the term "citizen support organization" means an organization which:

(a)  Is a corporation not for profit incorporated pursuant to the provisions of chapter 617 and approved by the Department of State;

(b)  Is organized and operated to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer in its own name securities, funds, or real or personal property; and make expenditures for the benefit of the commission or an individual program unit of the commission; except that such organization may not receive funds from the commission by grant, gift, or contract unless specifically authorized by the Legislature.

(c)  The commission has determined acts in a manner that is consistent with the goals of the commission and the best interests of the state.

(d)  Is approved in writing by the commission to operate for the benefit of the commission. Such approval must be stated in a letter of agreement from the executive director of the commission.

(2)(a)  The Game and Fresh Water Fish Commission may permit a citizen support organization to use commission property, facilities, and personnel free of charge. A citizen support organization may use commission property, facilities, and personnel if such use is consistent with the approved purpose of that citizen support organization and if such use does not unreasonably interfere with the general public's use of commission property, facilities, and personnel for established purposes.

(b)  The commission may prescribe conditions upon the use by a citizen support organization of commission property, facilities, or personnel.

(c)  The commission may not permit the use of any property, facilities, or personnel of the state by a citizen support organization that does not provide equal membership and employment opportunities to all persons regardless of race, color, national origin, religion, sex, or age.

(3)  Each citizen support organization shall provide for an annual audit of its financial records and accounts by an independent certified public accountant. A citizen support organization shall submit its annual audit report to the commission for review. The commission shall submit the audit report to the Auditor General. The commission and the Auditor General may obtain additional data relative to the operation of a citizen support organization from the citizen support organization or from its independent auditor. The identity of a donor or prospective donor to a citizen support organization who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.

History.--s. 1, ch. 88-84; s. 111, ch. 90-360; s. 1, ch. 95-127; s. 172, ch. 96-406.

372.0222  Private publication agreements; advertising; costs of production.--

(1)  The Game and Fresh Water Fish Commission may enter into agreements to secure the private publication of public information brochures, pamphlets, audiotapes, videotapes, and related materials for distribution without charge to the public and, in furtherance thereof, is authorized to:

(a)  Enter into agreements with private vendors for the publication or production of such public information materials, whereby the costs of publication or production will be borne in whole or in part by the vendor or the vendor shall provide additional compensation in return for the right of the vendor to select, sell, and place advertising which publicizes products or services related to and harmonious with the subject matter of the publication.

(b)  Retain the right, by agreement, to approve all elements of any advertising placed in such public information materials, including the form and content thereof.

(2)  The Game and Fresh Water Fish Commission may sell advertising in the Florida Wildlife Magazine to offset the cost of publication and distribution of the magazine.

(3)  Any public information materials produced pursuant to this section and containing advertising of any kind shall include a statement providing that the inclusion of advertising in such material does not constitute an endorsement by the state or commission of the products or services so advertised.

(4)  The Game and Fresh Water Fish Commission may enter into agreements with private vendors for vendor advertisement for the purpose of offsetting expenses relating to license issuance, and, in furtherance thereof, is authorized to:

(a)  Retain the right, by agreement, to approve all elements of such advertising, including the form or content.

(b)  Require that any advertising of any kind contracted pursuant to this section shall include a statement providing that the advertising does not constitute an endorsement by the state or commission of the products or services to be so advertised.

(5)  The commission shall collect, edit, publish, and print pamphlets, papers, manuscripts, documents, books, monographs, and other materials relating to fish and wildlife conservation and may establish and impose a reasonable charge for such materials to cover costs of production and distribution in whole or part and may contract for the marketing, sale, and distribution of such publications and materials; except that no charge shall be imposed for materials designed to provide the public with essential information concerning fish and wildlife regulations and matters of public safety.

(6)  The commission shall provide services and information designed to inform Floridians and visitors about Florida's unique and diverse fish, game, and wildlife, and make it available by means of commonly used media. For the accomplishment of those purposes, the commission may make expenditures to:

(a)  Encourage and cooperate with public and private organizations or groups to publicize to residents and visitors the diversity of fish, game, and wildlife, and related recreation opportunities of the state, including the establishment of and expenditure for a program of cooperative advertising or sponsorships, or partnerships with the public and private organizations and groups in accordance with rules adopted by the commission under chapter 120.

(b)  Charge and collect a reasonable fee for researching or compiling information or other services which, in its judgment, should not be free to those requesting the information, research, handling, material, publication, or other services. Any amounts of money received by the commission from such sources shall be restored to the appropriations of the commission, and any unexpended funds shall be deposited into the State Game Trust Fund and made available to the commission for use in performing its duties, powers, and purposes.

(c)  Charge and collect registration fees at conferences, seminars, and other meetings conducted in furtherance of the duties, powers, and purposes of the commission. Any funds collected under this paragraph which remain unexpended after the expenses of the conference, seminar, or meeting have been paid shall be deposited into the State Game Trust Fund and made available to the commission for use in performing its duties, powers, and purposes.

(7)  Notwithstanding the provisions of part I of chapter 287, the commission may adopt rules for the purpose of entering into contracts that are primarily for promotional and advertising services and promotional events which may include the authority to negotiate costs with offerors of such services and commodities who have been determined to be qualified on the basis of technical merit, creative ability, and professional competency.

History.--s. 1, ch. 89-187; s. 1, ch. 96-265; s. 11, ch. 96-300; s. 2, ch. 97-217.

372.0225  Freshwater organisms.--

(1)  The Division of Fisheries of the Game and Fresh Water Fish Commission, in order to manage the promotion, marketing, and quality control of all freshwater organisms produced in Florida and utilized commercially so that such organisms shall be used to produce the optimum sustained yield consistent with the protection of the breeding stock, is directed and charged with the responsibility of:

(a)  Providing for the regulation of the promotion, marketing, and quality control of freshwater organisms produced in Florida and utilized commercially.

(b)  Regulating the processing of commercial freshwater organisms on the water or on the shore.

(c)  Providing documentation standards and statistical record requirements with respect to commercial freshwater organism catches.

(d)  Conducting scientific, economic, and other studies and research on all freshwater organisms produced in the state and used commercially.

(2)  The responsibility with which the Division of Fisheries is charged under subsection (1) shall in no way supersede or duplicate the responsibilities of the Department of Agriculture and Consumer Services under chapter 500, the Florida Food Safety Act, and the rules adopted under that chapter.

History.--ss. 1, 2, ch. 78-310; s. 29, ch. 83-216; s. 1, ch. 94-180; s. 15, ch. 98-333.

372.023  J. W. Corbett and Cecil M. Webb Wildlife Management Areas.--

(1)  The Game and Fresh Water Fish Commission of this state is neither authorized nor empowered to do the following as to the J. W. Corbett Wildlife Management Area in Palm Beach County or the Cecil M. Webb Wildlife Management Area without the approval of the Board of Trustees of the Internal Improvement Trust Fund that such action is in the best interest of orderly and economical development of said area, viz.:

(a)  To trade, barter, lease, or exchange lands therein for lands of greater acreage contiguous to said wildlife management areas.

(b)  To grant easements for construction and maintenance of roads, railroads, canals, ditches, dikes and utilities, including but not limited to telephone, telegraph, oil, gas, electric power, water and sewers.

(c)  To convey or release all rights in and to the phosphate, minerals, metals and petroleum that is or may be in, on or under any lands traded, bartered, leased or exchanged pursuant to paragraph (a).

(2)  The Board of Trustees of the Internal Improvement Trust Fund and the State Board of Education and all and every board, state department or state agency of the state having any title, right and interest in or to the land including oil and mineral rights in the lands to be traded, bartered, leased or exchanged within the J. W. Corbett Wildlife Management Area in Palm Beach County, is authorized and empowered to convey this interest of whatsoever nature to the record owner.

(3)  Moneys received from the sale of lands within either wildlife management area, less reasonable expenses incident to the sale, shall be used by the Game and Fresh Water Fish Commission to acquire acreage contiguous to the wildlife management area or lands of equal wildlife value. The sale shall be made directly to the state, notwithstanding the procedures of ss. 270.08 and ¹270.09 to the contrary.

History.--ss. 1, 2, ch. 31410, 1956; ss. 27, 35, ch. 69-106; s. 1, ch. 70-60; s. 1, ch. 75-304.

¹Note.--Repealed by s. 513, ch. 94-356.

372.025  Everglades recreational sites; definitions.--

(1)  PURPOSE.--It is the intent of the Legislature to provide for the development and management of recreational sites in the water conservation areas of the Florida Everglades when such development:

(a)  Can be accomplished without endangering the water quality and quantity of supply and where environmental impact will be minimal.

(b)  Is located on the exterior fringes of the Everglades to discourage extensive uncontrolled use of the interior regions.

(c)  Is located where convenient access is possible for the millions of Floridians living in urban areas.

(d)  Offers recreational potential for nature trails, bird study, picnic areas, boating, fishing, hunting, and target shooting.

(e)  Is located where proper management and law enforcement can be provided.

(2)  DEFINITIONS.--As used in this section:

(a)  "Commission" means the Game and Fresh Water Fish Commission.

(b)  "Flood control district" means the Central and Southern Florida Flood Control District Board.

(c)  "Indian reservations" means lands as designated by chapter 285.

(d)  "Buffer zone" means an area located between developed and wilderness areas where some restrictions on the type of future development shall be imposed.

(e)  "Development of recreational sites" means any improvements to existing facilities or sites and also such new selection and improvements as are needed for the various recreational activities as herein provided.

(3)  RECREATIONAL SITES.--The Game and Fresh Water Fish Commission is directed to develop, manage, and enforce laws on certain recreational sites in the water conservation areas of the Everglades from funds to be appropriated by the Legislature.

(4)  No recreational site will be developed on any Indian reservations as created by chapter 285 without first obtaining written approval for such development from the Indians of the particular reservation lands affected.

History.--ss. 1, 2, 3, 4, 5, ch. 73-249; s. 1, ch. 77-174; s. 4, ch. 78-323; s. 25, ch. 83-85; s. 27, ch. 83-218; s. 15, ch. 95-146.

372.03  Headquarters of commission.--The Game and Fresh Water Fish Commission is located at the state capital, and, when suitable adequate office space cannot be provided in the State Capitol Building, or other buildings owned by the state, the commission may rent or lease suitable office space in Tallahassee. Said commission may also rent or lease suitable and adequate space in other cities and towns of the state for branch or division offices and headquarters and storerooms for equipment and supplies, as the business of the commission may require or necessitate, payment for said rented or leased premises to be made from the State Game Trust Fund.

History.--s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 2, ch. 61-119.

¹372.04  Director of commission.--The commission shall appoint, fix the salary of, and at pleasure remove a suitable person, not a member of the commission, as director. The director must be reimbursed for travel and other expenses incurred in the discharge of her or his official duties. The commission may require any employee of the commission to give a bond for the faithful performance of his or her duties. The commission may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the commission may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the commission. The director shall maintain her or his headquarters and reside in Tallahassee.

History.--s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 2, ch. 26766, 1951; ss. 12, 35, ch. 69-106; s. 568, ch. 95-148; s. 34, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

372.05  Duties of director.--The director shall:

(1)  Keep full and correct minutes of the proceedings of said commission at its meetings, which minutes shall be open for public inspection.

(2)  Purchase such supplies and employ such help and assistants as may be reasonably necessary in the performance of the director's duties.

(3)  Have full authority to represent the commission in its dealings with other state departments, county commissioners, and the federal government.

(4)  Submit to the commission at each of its meetings a report of all the director's actions and doings as official representative of the commission.

(5)  Visit each county in the state at least once each year and oftener if it appears to the director to be necessary.

(6)  Appoint, fix salaries of, and at pleasure remove, subject to the approval of the commission, assistants and other employees who shall have such powers and duties as may be assigned to them by the commission or director.

(7)  Have such other powers and duties as may be prescribed by the commission in pursuance of its duties under s. 9, Art. IV of the State Constitution.

History.--ss. 2, 3, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2), 1977(3); s. 3, ch. 26766, 1951; s. 7, ch. 69-216; s. 569, ch. 95-148.

372.051  Seal of commission; certificate as evidence.--The Game and Fresh Water Fish Commission shall adopt and use a common seal, and a certificate under the seal of the commission, signed by its chair and attested by its director shall constitute sufficient evidence of the action of the commission; and copies of the minutes of the commission, or any part thereof, or of any record or paper of said commission, or any part thereof, or of any rule, regulation, or order of the commission, or any part thereof, or of any code of rules, regulations or orders of the commission, or any part thereof, certified by the director of the commission under its seal, shall be admissible in evidence in all cases and proceedings in all courts, boards, and commissions of this state without further authentication.

History.--s. 3, ch. 21945, 1943; s. 4, ch. 26766, 1951; s. 570, ch. 95-148.

Note.--Former s. 372.81.

372.06  Meetings of the commission.--At least four meetings of the Game and Fresh Water Fish Commission shall be held at the state capital no less frequently than once every 3 months, which meetings shall be known as the quarterly meetings of the commission; other meetings may be held at such times and places as may be decided upon or as provided by rules of the commission, such meetings to be called by the executive secretary on not less than 1 week's notice to all members of the commission; or meetings may be held upon the request in writing of three members of the commission, at a time and place to be designated in the request, and notice of such meetings shall be given at least 1 week in advance thereof to all members of the commission by the executive secretary. Three members shall constitute a quorum at any meeting of the commission. No action shall be binding when taken up by the commission, except at a regular or call meeting and duly recorded in the minutes of said meeting.

History.--s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2).

372.061  Meetings; authority to hold at any point in state.--From and after June 15, 1953, the Game and Fresh Water Fish Commission of the state is hereby authorized and empowered to hold its meetings at any point in the state.

History.--ss. 1, 2, ch. 28319, 1953; s. 16, ch. 78-95.

372.07  Police powers of commission and its agents.--

(1)  The Game and Fresh Water Fish Commission, the director and the director's assistants designated by her or him, and each wildlife officer are constituted peace officers with the power to make arrests for violations of the laws of this state when committed in the presence of the officer or when committed on lands under the supervision and management of the commission. The general laws applicable to arrests by peace officers of this state shall also be applicable to said director, assistants, and wildlife officers. Such persons may enter upon any land or waters of the state for performance of their lawful duties and may take with them any necessary equipment, and such entry shall not constitute a trespass.

(2)  Said officers shall have power and authority to enforce throughout the state all laws relating to game, nongame birds, freshwater fish, and fur-bearing animals and all rules and regulations of the Game and Fresh Water Fish Commission relating to wild animal life and freshwater aquatic life, and in connection with said laws, rules, and regulations, in the enforcement thereof and in the performance of their duties thereunder, to:

(a)  Go upon all premises, posted or otherwise;

(b)  Execute warrants and search warrants for the violation of said laws;

(c)  Serve subpoenas issued for the examination, investigation, and trial of all offenses against said laws;

(d)  Carry firearms or other weapons, concealed or otherwise, in the performance of their duties;

(e)  Arrest upon probable cause without warrant any person found in the act of violating any of the provisions of said laws or, in pursuit immediately following such violations, to examine any person, boat, conveyance, vehicle, game bag, game coat, or other receptacle for wild animal life or freshwater aquatic life, or any camp, tent, cabin, or roster, in the presence of any person stopping at or belonging to such camp, tent, cabin, or roster, when said officer has reason to believe, and has exhibited her or his authority and stated to the suspected person in charge the officer's reason for believing, that any of the aforesaid laws have been violated at such camp;

(f)  Secure and execute search warrants and in pursuance thereof to enter any building, enclosure, or car and to break open, when found necessary, any apartment, chest, locker, box, trunk, crate, basket, bag, package, or container and examine the contents thereof;

(g)  Seize and take possession of all wild animal life or freshwater aquatic life taken or in possession or under control of, or shipped or about to be shipped by, any person at any time in any manner contrary to said laws.

(3)  It is unlawful for any person to resist an arrest authorized by this section or in any manner to interfere, either by abetting, assisting such resistance, or otherwise interfering with said director, assistants, or wildlife officers while engaged in the performance of the duties imposed upon them by law or regulation of the Game and Fresh Water Fish Commission.

History.--s. 3, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(3); s. 7, ch. 22858, 1945; s. 1, ch. 70-404; s. 571, ch. 95-148.

372.071  Powers of arrest by agents of Department of Environmental Protection or Game and Fresh Water Fish Commission.--Any certified law enforcement officer of the Department of Environmental Protection or the Game and Fresh Water Fish Commission, upon receiving information, relayed to her or him from any law enforcement officer stationed on the ground, on the water, or in the air, that a driver, operator, or occupant of any vehicle, boat, or airboat has violated any section of chapter 327, chapter 328, chapter 370, or this chapter, may arrest the driver, operator, or occupant for violation of said laws when reasonable and proper identification of the vehicle, boat, or airboat and reasonable and probable grounds to believe that the driver, operator, or occupant has committed or is committing any such offense have been communicated to the arresting officer by the other officer stationed on the ground, on the water, or in the air.

History.--s. 1, ch. 70-396; s. 1, ch. 79-217; s. 242, ch. 94-356; s. 1000, ch. 95-148.

372.072  Endangered and Threatened Species Act.--

(1)  SHORT TITLE.--This section may be cited as the "Florida Endangered and Threatened Species Act of 1977."

(2)  DECLARATION OF POLICY.--The Legislature recognizes that the State of Florida harbors a wide diversity of fish and wildlife and that it is the policy of this state to conserve and wisely manage these resources, with particular attention to those species defined by the Game and Fresh Water Fish Commission, the Department of Environmental Protection, or the United States Department of Interior, or successor agencies, as being endangered or threatened. As Florida has more endangered and threatened species than any other continental state, it is the intent of the Legislature to provide for research and management to conserve and protect these species as a natural resource.

(3)  DEFINITIONS.--As used in this section:

(a)  "Fish and wildlife" means any member of the animal kingdom, including, but not limited to, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate.

(b)  "Endangered species" means any species of fish and wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; overutilization for commercial, sporting, scientific, or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence.

(c)  "Threatened species" means any species of fish and wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment.

(4)  INTERAGENCY COORDINATION.--

(a)1.  The Game and Fresh Water Fish Commission shall be responsible for research and management of freshwater and upland species.

2.  The Department of Environmental Protection shall be responsible for research and management of marine species.

(b)  Recognizing that citizen awareness is a key element in the success of this plan, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and the Office of Environmental Education of the Department of Education are encouraged to work together to develop a public education program with emphasis on, but not limited to, both public and private schools.

(c)  The Department of Environmental Protection, the Marine Fisheries Commission, or the Game and Fresh Water Fish Commission, in consultation with the Department of Agriculture and Consumer Services, the ¹Department of Commerce, the Department of Community Affairs, or the Department of Transportation, may establish reduced speed zones along roads, streets, and highways to protect endangered species or threatened species.

(5)  ANNUAL REPORT.--The Director of the Game and Fresh Water Fish Commission, in consultation with the Secretary of Environmental Protection, shall, at least 30 days prior to each annual session of the Legislature, transmit to the Governor and Cabinet, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the appropriate Senate and House committees, a revised and updated plan for management and conservation of endangered and threatened species, including criteria for research and management priorities; a description of the educational program; statewide policies pertaining to protection of endangered and threatened species; additional legislation which may be required; and the recommended level of funding for the following year, along with a progress report and budget request.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 77-375; s. 4, ch. 78-323; s. 82, ch. 79-164; s. 26, ch. 83-85; s. 28, ch. 83-218; s. 1, ch. 90-170; s. 243, ch. 94-356; s. 1001, ch. 95-148.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

372.0725  Killing or wounding of any species designated as endangered, threatened, or of special concern; criminal penalties.--It is unlawful for a person to intentionally kill or wound any fish or wildlife of a species designated by the Game and Fresh Water Fish Commission as endangered, threatened, or of special concern, or to intentionally destroy the eggs or nest of any such fish or wildlife, except as provided for in the rules of the Game and Fresh Water Fish Commission, the Department of Environmental Protection, or the Marine Fisheries Commission. Any person who violates this provision with regard to an endangered or threatened species is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 4, ch. 91-134; s. 244, ch. 94-356.

372.073  Endangered and Threatened Species Reward Program.--

(1)  There is established within the Game and Fresh Water Fish Commission the Endangered and Threatened Species Reward Program, to be funded from the Nongame Wildlife Trust Fund. The commission may post rewards to persons responsible for providing information leading to the arrest and conviction of persons illegally killing or wounding or wrongfully possessing any of the endangered and threatened species listed on the official Florida list of such species maintained by the commission or the arrest and conviction of persons who violate s. 372.667 or s. 372.671. Additional funds may be provided by donations from interested individuals and organizations. The reward program is to be administered by the commission. The commission shall establish a schedule of rewards.

(2)  The commission may expend funds only for the following purposes:

(a)  The payment of rewards to persons, other than law enforcement officers, commission personnel, and members of their immediate families, for information as specified in subsection (1); or

(b)  The promotion of public recognition and awareness of the Endangered and Threatened Species Reward Program.

History.--s. 2, ch. 79-217; s. 29, ch. 83-218; s. 18, ch. 94-265.

372.074  Fish and Wildlife Habitat Program.--

(1)(a)  There is established within the Game and Fresh Water Fish Commission the Fish and Wildlife Habitat Program for the purpose of acquiring, assisting other agencies or local governments in acquiring, or managing lands important to the conservation of fish and wildlife.

(b)  The Game and Fresh Water Fish Commission or its designee shall manage such lands for the primary purpose of maintaining and enhancing their habitat value for fish and wildlife. Other uses may be allowed that are not contrary to this purpose.

(c)  Where acquisition pursuant to this section will result in state ownership of land, title shall be vested in the Board of Trustees of the Internal Improvement Trust Fund as required in chapter 253. Land acquisition pursuant to this section shall be voluntary, negotiated acquisition and, where title is to be vested in the Board of Trustees of the Internal Improvement Trust Fund, is subject to the acquisition procedures of s. 253.025.

(d)  Acquisition costs shall include purchase prices and costs and fees associated with title work, surveys, and appraisals required to complete an acquisition.

(2)  Moneys which may be deposited into the Land Acquisition Trust Fund for the purposes of this section may include, but not be limited to, donations, grants, development-of-regional-impact wildlife mitigation contributions, or legislative appropriations. Preservation 2000 acquisition moneys and Conservation and Recreation Lands management moneys shall not be deposited into this fund.

History.--s. 20, ch. 90-136; s. 10, ch. 90-217; s. 2, ch. 90-227; s. 20, ch. 94-240; s. 17, ch. 94-265.

¹372.09  State Game Trust Fund.--The funds resulting from the operation of the commission and from the administration of the laws and regulations pertaining to birds, game, fur-bearing animals, freshwater fish, reptiles, and amphibians, together with any other funds specifically provided for such purposes shall constitute the State Game Trust Fund and shall be used by the commission as it shall deem fit in carrying out the provisions hereof and for no other purposes. The commission may not obligate itself beyond the current resources of the State Game Trust Fund unless specifically so authorized by the Legislature.

History.--s. 13, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(3); s. 7, ch. 22858, 1945.

¹Note.--Section 1, ch. 97-127, effective November 4, 2000, provides that "[t]he State Game Trust Fund within the Game and Fresh Water Fish Commission, which was created by section 372.09, Florida Statutes, and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on November 4, 2000, is re-created."

¹372.105  Lifetime Fish and Wildlife Trust Fund.--

(1)  There is established within the Game and Fresh Water Fish Commission the Lifetime Fish and Wildlife Trust Fund to be used for the purpose of supporting fish and wildlife conservation programs of the state in accordance with this section.

(2)  The principal of the fund shall be derived from the following:

(a)  Proceeds of any gifts, grants, and contributions to the state which are specifically designated for inclusion in the fund.

(b)  Proceeds from the sale of lifetime licenses issued in accordance with s. 372.57 with the exception of the saltwater portion of the lifetime sportsman's license.

(3)  The fund is declared to constitute a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the funds:

(a)  No expenditure or disbursement shall be made from the principal of the fund.

(b)  The interest income received and accruing from the investments of the fund shall be spent in furtherance of the commission's exercise of the regulatory and executive powers of the state with respect to the management, protection, and conservation of wild animal life and freshwater aquatic life as set forth in s. 9, Art. IV of the State Constitution and this chapter and as otherwise authorized by the Legislature.

(c)  No expenditures or disbursements from the interest income derived from the sale of lifetime licenses shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The Game and Fresh Water Fish Commission as administrator of the fund shall determine actuarially on an annual basis the amounts of interest income within the fund which may be disbursed pursuant to this paragraph. The director shall cause deposits of proceeds from the sale of lifetime licenses to be identifiable by the ages of the license recipients.

(d)  Any limitations or restrictions specified by the donors on the uses of the interest income derived from gifts, grants, and voluntary contributions shall be respected but shall not be binding.

(e)  The fund shall be exempt from the provisions of s. 215.20.

(4)  In the event of a future dissolution or reorganization of the Game and Fresh Water Fish Commission, any state agency which succeeds the commission or assumes its constitutional or statutory responsibilities shall, through its agency head acting ex officio, assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this section on expenditures from the fund. No repeal or modification of this chapter or s. 9, Art. IV of the State Constitution shall alter the fundamental purposes to which the fund may be applied. No dissolution or reorganization of the Game and Fresh Water Fish Commission shall invalidate any lifetime license issued in accordance with this section.

History.--s. 1, ch. 91-78.

¹Note.--Section 1, ch. 97-131, effective November 4, 2000, provides that "[t]he Lifetime Fish and Wildlife Trust Fund within the Game and Fresh Water Fish Commission, which was created by section 372.105, Florida Statutes, and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on November 4, 2000, is re-created."

¹372.106  Dedicated License Trust Fund.--

(1)  There is established within the Game and Fresh Water Fish Commission the Dedicated License Trust Fund. The fund shall be credited with moneys collected pursuant to ss. 370.0605 and 372.57 for 5-year licenses and replacement 5-year licenses.

(2)  The fund shall be exempt from the provisions of s. 215.20.

History.--s. 2, ch. 91-78.

¹Note.--Section 1, ch. 97-128, effective November 4, 2000, provides that "[t]he Dedicated License Trust Fund within the Game and Fresh Water Fish Commission, which was created by section 372.106, Florida Statutes, and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on November 4, 2000, is re-created."

372.107  Federal Law Enforcement Trust Fund.--

(1)  The Federal Law Enforcement Trust Fund is created within the Game and Fresh Water Fish Commission. The commission may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

(3)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall, unless terminated sooner, be terminated on July 1, 2002. Prior to its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 98-391.

372.12  Acquisition of state game lands.--The Game and Fresh Water Fish Commission, with the approval of the Governor, may acquire, in the name of the state, lands and waters suitable for the protection and propagation of game, fish, nongame birds or fur-bearing animals, or for hunting purposes, game farms, by purchase, lease, gift or otherwise to be known as state game lands. The said commission may erect such buildings and fences as may be deemed necessary to properly maintain and protect such lands, or for propagation of game, nongame birds, freshwater fish or fur-bearing animals. The title of land acquired by purchase, lease, gift or otherwise, shall be approved by the Department of Legal Affairs. The deed to such lands shall be deposited as are deeds to other state lands. No such lands shall be purchased at a price to exceed $10 per acre. No property acquired under this section shall be exempt from state, county or district taxation.

History.--ss. 6, 67, ch. 13644, 1929; CGL 1936 Supp. 1977(6), 1977 (67); s. 7, ch. 22858, 1945; s. 25, ch. 29615, 1955; ss. 11, 35, ch. 69-106.

372.121  Control and management of state game lands.--

(1)  The Game and Fresh Water Fish Commission is authorized to make, adopt, promulgate, amend, repeal, and enforce all reasonable rules and regulations necessary for the protection, control, operation, management, or development of lands or waters owned by, leased by, or otherwise assigned to, the commission for fish or wildlife management purposes, including but not being limited to the right of ingress and egress. Before any such rule or regulation is adopted, other than one relating to wild animal life or freshwater aquatic life, the commission shall obtain the consent and agreement, in writing, of the owner, in the case of privately owned lands or waters, or the owner or primary custodian, in the case of public lands or waters.

(2)  Any person violating or otherwise failing to comply with any rule or regulation so adopted is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 70-40; s. 306, ch. 71-136; s. 1, ch. 90-39.

372.16  Private game preserves and farms; penalty.--

(1)  Any person owning land in this state may, after having secured a license therefor from the Game and Fresh Water Fish Commission, establish, maintain, and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes, provided that no two game preserves shall join each other or be connected.

(2)  All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter and shall be subject at any time to inspection by the Game and Fresh Water Fish Commission, or its conservation officers. Such private preserve or farm shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereon. Game reared or produced on private game preserves and farms shall be considered domestic game and private property and may be sold or disposed of as such and shall be the subject of larceny. Live game may be purchased, sold, shipped, and transported for propagation and restocking purposes only at any time. Such game may be sold for food purposes only during the open season provided by law for such game. All game killed must be killed on the premises of such private game preserve or farm and must be killed by means other than shooting, except during the open season. All domestic game sold for food purposes must be marked or tagged in a manner prescribed by the Game and Fresh Water Fish Commission; and the owner or operator of such private game preserve or farm shall report to the said commission, on blanks to be furnished by it, each sale or shipment of domestic game, such reports showing the quantity and kind of game shipped or sold and to whom sold. Such report shall be made not later than 5 days following such sale or shipment. Game reared or produced as aforesaid may be served as such by hotels, restaurants, or other public eating places during the open season provided by law on such particular species of game, under such regulations as the commission may prescribe.

(3)  It is unlawful for any common carrier to knowingly transport or receive for transportation any domestic game unless the package or container containing such shipment has attached thereto a permit for such shipment and such package or container shall be marked on the outside showing quantity and kind of game enclosed.

(4)  Any person violating the provisions of this section shall for the first offense be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and for a second or subsequent offense shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person convicted of violating the provisions of this section shall forfeit, to the Game and Fresh Water Fish Commission, any license or permit issued under the provisions hereof; and no further license or permit shall be issued to such person for a period of 1 year following such conviction. Before any private game preserve or farm is established, the owner or operator shall secure a license from the Game and Fresh Water Fish Commission, the fee for which shall be $5 per year.

History.--s. 70-A, ch. 13644, 1929; ss. 1-9, ch. 14515, 1929; CGL 1936 Supp. 1901(5)-(15), 1977(71); s. 307, ch. 71-136; s. 223, ch. 81-259.

372.19  Preserves, refuges, etc., not tax exempt.--No property acquired by purchase, lease, gift, contract to purchase or lease, or otherwise, under the provisions of this chapter, as state game lands, or any private lands used as game refuges, shooting grounds, privileges, hatcheries or breeding grounds for fish, game, birds or fur-bearing animals, except state-owned lands being used for the protection of game, fish or fur-bearing animals under the provisions of this chapter, shall be exempt from state, county or district taxation. Any contract, lease, gift or purchase of land for such purposes which attempts to exempt or partially exempt such property from taxation shall be null and void and of no effect.

History.--s. 67, ch. 13644, 1929; CGL 1936 Supp. 1977(67).

372.26  Imported fish.--

(1)  No person shall import into the state or place in any of the fresh waters of the state any freshwater fish of any species without having first obtained a permit from the Game and Fresh Water Fish Commission. The commission is authorized to issue or deny such a permit upon the completion of studies of the species made by it to determine any detrimental effect the species might have on the ecology of the state.

(2)  Persons in violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 37, ch. 13644, 1929; CGL 1936 Supp. 1977(37); s. 1, ch. 71-294; s. 1, ch. 80-129; s. 52, ch. 91-224.

372.265  Regulation of foreign animals.--

(1)  It is unlawful to import for sale or use, or to release within this state, any species of the animal kingdom not indigenous to Florida without having obtained a permit to do so from the Game and Fresh Water Fish Commission.

(2)  The Game and Fresh Water Fish Commission is authorized to issue or deny such a permit upon the completion of studies of the species made by it to determine any detrimental effect the species might have on the ecology of the state.

(3)  Persons in violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 70-145; s. 308, ch. 71-136; s. 2, ch. 71-294; s. 2, ch. 80-129.

372.27  Silver Springs and Rainbow Springs, etc., closed to all fishing.--It is unlawful for any person to take any fish within Marion County, from the waters of Rainbow Springs and Rainbow River (formerly known as Blue Springs and Blue Springs River) within a radius of 1 mile from the head of said spring or from the waters of Silver Springs or Silver Springs Run from the head of said spring to its junction with the Oklawaha River; provided, that the Commission of Game and Fresh Water Fish may remove or cause to be removed any gar, mud fish or other predatory fish when in its judgment their removal is desirable.

History.--ss. 34, 34-A, ch. 13644, 1929; s. 1, ch. 17002, 1935; CGL 1936 Supp. 1977(34), (34-a); s. 6, ch. 26766, 1951; s. 1, ch. 28059, 1953.

372.31  Disposition of illegal fishing devices.--

(1)  In all cases of arrest and conviction for use of illegal nets or traps or fishing devices, as provided in this chapter, such illegal net, trap, or fishing device is declared to be a nuisance and shall be seized and carried before the court having jurisdiction of such offense and said court shall order such illegal trap, net or fishing device forfeited to the Game and Fresh Water Fish Commission immediately after trial and conviction of the person in whose possession they were found. When any illegal net, trap or fishing device is found in the fresh waters of the state, and the owner of same shall not be known to the officer finding the same, such officer shall immediately procure from the county court judge an order forfeiting said illegal net, trap or fishing device to the Game and Fresh Water Fish Commission. The Game and Fresh Water Fish Commission may destroy such illegal net, trap or fishing device, if in its judgment said net, trap or fishing device is not of value in the work of the department.

(2)  When any nets, traps, or fishing devices are found being used illegally as provided in this chapter, the same shall be seized and forfeited to the Game and Fresh Water Fish Commission as provided in this chapter.

History.--s. 25, ch. 13644, 1929; CGL 1936 Supp. 1977(25); s. 1, ch. 59-81; s. 103, ch. 73-333.

372.311  Disposition and appraisal of property seized under this chapter.--

(1)  Every officer seizing illegally used property pursuant to the provisions of this law shall forthwith make return of the seizure thereof and deliver the said property to the board of county commissioners of the county wherein the said property was seized. The said return to the board of county commissioners shall describe the property seized and give in detail the facts and circumstances under which the same was seized and state in full the reason why the seizing officer knew, or was led to believe, said property was being used for and in connection with a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices. The said return shall contain the names of all persons, firms and corporations known to the seizing officer to be interested in the seized property.

(2)  When any illegally used property is seized by any officer pursuant to this law and delivered to the board of county commissioners as aforesaid, the board shall forthwith fix the approximate value thereof and make return thereof to the clerk of the circuit court as hereinafter provided.

(3)  The return of the board of county commissioners shall contain a schedule of the property seized, describing the same in reasonable detail and giving in detail the facts and circumstances under which it was seized and state in full the reason why the seizing officer knew or was led to believe that the property was being used for or in connection with a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps, or fishing devices; and a statement of the names of all persons, firms and corporations known to be interested in the seized property and shall attach to their said return as exhibit thereto, the return of the seizing officer to the board.

(4)  The board of county commissioners shall hold the said seized property pending its disposal by the court as hereinafter provided.

History.--s. 2, ch. 59-81.

372.312  Forfeiture proceedings.--

(1)  The return of the board aforesaid to the clerk of the circuit court shall be taken and considered as the state's petition or libel in rem for the forfeiture of the property therein described, of which the circuit court of the county shall have jurisdiction, without regard to value. The said return shall be sufficient as said petition or libel notwithstanding the fact that it may contain no formal prayer or demand for forfeiture, it being the intention of the Legislature that forfeiture may be decreed without a formal prayer or demand therefor. The said return shall be subject to amendment at any time before final hearing, provided that copies thereof shall be served upon all persons, firms or corporations who may have filed a claim prior to such amendment.

(2)  Upon the filing of said return the clerk of the circuit court shall issue a citation, directed to all persons, firms and corporations owning, having or claiming an interest in or lien upon the seized property, giving notice of the seizure and directing that all persons, firms or corporations owning, having or claiming an interest therein or lien thereon to file their claim to, on, or in said property within the time fixed in said citation, as to persons, firms and corporations not personally served, and within 20 days from personal service of said citation, when personal service is had.

(3)  The said citation may be in, or substantially in, the following form:

IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT, IN AND FOR _____ COUNTY, FLORIDA.

IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:

ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY

YOU AND EACH OF YOU are hereby notified that the above described property has been seized, under and by virtue of chapter 372, as amended, and is now in the possession of the board of county commissioners of this county, and you, and each of you, are hereby further notified that a petition, under said chapter, has been filed in the circuit court of the _____ Judicial Circuit, in and for _____ County, Florida, seeking the forfeiture of the said property, and you are hereby directed and required to file your claim, if any you have, and show cause, on or before _____, 19_____, if not personally served with process herein, and within twenty days from personal service if personally served with process herein, why the said property should not be forfeited pursuant to said chapter. Should you fail to file claim as herein directed judgment will be entered herein against you in due course. Persons not personally served with process may obtain a copy of the petition for forfeiture filed herein from the undersigned clerk of court.

WITNESS my hand and the seal of the above mentioned court, at _____, Florida, this _____ 19_____.
(COURT SEAL)

 (Clerk of the above mentioned court) 

By  (Deputy Clerk) 

(4)  Such citation shall be returnable, as to persons served constructively, as therein directed, not less than 21 nor more than 30 days, from the posting or publication thereof, and as to those personally served with process within 20 days from service thereof. A copy of the petition shall be served with the process when personally served. Personal service of process may be made in the same manner as a summons in chancery.

(5)  If the value of the property seized is shown by the board's return to have an appraised value of $1,000 or less, the above citation shall be served by posting at three public places in the county, one of which shall be the front door of the courthouse; if the value of the property is shown by the board's return to have an approximate value of more than $1,000, the citation shall be published at least once each week for 2 consecutive weeks in some newspaper of general publication published in the county, if there be such a newspaper published in the county, and if not, then said notice of such publication shall be made by certificate of the clerk if publication is made by posting and by affidavit as provided in chapter 49, if made by publication in a newspaper, which affidavit or certificate shall be filed and become a part of the record in the cause. Failure of the record to show proof of such publication shall not affect any judgment made in the cause unless it shall affirmatively appear that no such publication was made.

History.--s. 3, ch. 59-81; s. 6, ch. 73-299; s. 25, ch. 90-279.

372.313  Delivery of property to claimant.--Any person, firm, or corporation filing a claim in the cause, which claim shall state fully her or his right, title, claim, or interest, in and to the seized property, may, at any time after said claim is filed with the clerk of the court, obtain possession of the seized property by filing a petition therefor with the board of county commissioners and posting with said board, to be approved by it, a surety bond, payable to the Governor of the state, in twice the amount of the value of the said property as fixed in the board's return to the clerk of the circuit court, with a corporate surety duly authorized to transact business in this state as surety, conditioned upon her or his paying to the board of county commissioners the value of the property together with costs of the proceeding, if judgment of forfeiture be entered by the court. Upon the posting of such bond with the board and the release of the property to the applicant the cause shall proceed to final judgment in the same manner, as it would have, had no such bond been filed, except that any exception to be issued in the cause pursuant to judgment may run against and be enforced against the person posting said bond and her or his surety.

History.--s. 4, ch. 59-81; s. 572, ch. 95-148.

372.314  Proceeding when no claim filed.--When no claim is filed in the cause within the time required the clerk shall enter a default against all persons, firms and corporations owning, claiming or having an interest in and to the property seized and the cause may then proceed in the same manner as a common-law cause after default, and final judgment shall be entered therein ex parte, except as may be herein otherwise provided.

History.--s. 4, ch. 59-81.

372.315  Proceeding when claim filed.--When one or more claims are filed in the cause, the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed denied without further pleading. Judgment by default shall be entered against all other persons, firms, and corporations owning, claiming, or having an interest in and to the property seized, after which the cause shall proceed as in other common-law cases; except any claimant shall prove to the satisfaction of the court that she or he did not know or have any reason to believe, at the time the claimant's right, title, interest, or lien arose, that the property was being used for or in connection with the violation of any of the statutes or laws of this state prohibiting the illegal use of nets, traps, or fishing devices, and further that at said time there was no reasonable reason to believe that the said property might be used for such purpose. Where the owner or user of the property has been convicted of a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps, or fishing devices, such conviction shall be prima facie evidence that each claimant had reason to believe that the property might be used for or in connection with a violation of such statutes and laws, and the burden of proof shall be upon each claimant to satisfy the court that she or he was without knowledge of such conviction, providing, however, the prima facie presumption of knowledge of a previous conviction of a violation of this law shall only apply to a subsequent proceeding involving the forfeiture of nets, traps, or fishing devices, when owned by such previous offender and upon which a lien is held by the same lienee involved in the first claim proceedings. Trial of all such causes shall be without a jury, except in such cases as a trial by jury may be guaranteed by the State Constitution and in such cases trial by jury shall be deemed waived unless demanded in the claim filed.

History.--s. 5, ch. 59-81; s. 573, ch. 95-148.

372.316  State attorney to represent state.--Upon the filing of the board's return with the clerk of the circuit court the said clerk shall furnish the state attorney with a copy thereof and the said state attorney shall represent the state in the forfeiture proceeding. The Department of Legal Affairs shall represent the state in all appeals from judgments of forfeiture to the Supreme Court. The state may appeal any judgment denying forfeiture in whole or in part or that may be otherwise adverse to the state.

History.--s. 6, ch. 59-81; ss. 11, 35, ch. 69-106.

372.317  Judgment of forfeiture.--On final hearing the return of the board to the clerk of the circuit court shall be taken as prima facie evidence that the property seized was or had been used in, or in connection with, the violation of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices in this state and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. The burden shall be upon the claimant to show that the property was not so used, if so used, that they had no knowledge of such violation and no reason to believe that the seized property was or would be used for the violation of such statutes and laws. Where such property is encumbered by a lien or retained title agreement under circumstances wherein the lienholder had no knowledge that the property was or would be used in violating such statutes and laws, and no reasonable reason to believe that it might be so used, then the court may declare a forfeiture of all other rights, titles and interests, subject, however, to the lien of such innocent lienholder, or may direct the payment of such lien from the proceeds of any sale of the said property. The proceedings and the judgment of forfeiture shall be in rem and shall be primarily against the property itself. Upon the entry of a judgment of forfeiture the court shall determine the disposition to be made of the property, which may include the destruction thereof, the sale thereof, the allocation thereof to some governmental function or use, or otherwise as the court may determine. Sales of such property shall be at public sale to the highest and best bidder therefor for cash after 2 weeks' public notice as the court may direct. Where the property has been delivered to a claimant upon the posting of a bond the court shall determine the value of the property or portion thereof subject to forfeiture and shall enter judgment against the principal and surety of the bond in such amount for which execution shall issue in the usual manner. Upon the application of any claimant the court may fix the value of the forfeitable interest or interests in the seized property and permit such claimant to redeem the said property upon the payment of a sum equal to said value which sum shall be disposed of as would the proceeds of a sale of the said property under a judgment of forfeiture.

History.--s. 7, ch. 59-81.

372.318  Service charges.--Service charges required hereunder shall be the same as provided for sheriffs and clerks under law for similar services in other cases and matters.

History.--s. 8, ch. 59-81; s. 22, ch. 70-134.

372.319  Disposition of proceeds of forfeiture.--All sums received from sale or other disposition of the seized property shall be paid into the county fine and forfeiture fund and shall become a part thereof.

History.--s. 9, ch. 59-81.

372.321  Exercise of police power.--It is deemed by the Legislature that this law (ss. 372.31 to 372.319, both inclusive) is necessary for the more efficient and proper enforcement of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices and a lawful exercise of the police power of the state for the protection of the public welfare, health, and safety of the people of the state. All the provisions of this law shall be liberally construed for the accomplishment of these purposes.

History.--s. 10, ch. 59-81.

372.561  Issuance of licenses to take wild animal life or freshwater aquatic life; costs; reporting.--

(1)  The provisions of this section shall apply to such licenses or permits as are established in s. 372.57.

(2)  The commission shall issue licenses and permits to take wild animal life or freshwater aquatic life upon proof by the applicant for licensure that she or he is entitled to such license or permit. The commission shall establish the forms for such licenses and permits. Each applicant for a license, permit, or authorization shall provide the applicant's social security number on the application form. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement and use by the commission, and as otherwise provided by law.

(3)  Licenses and permits for the state may be sold by the commission, by any tax collector in this state, or by any appointed subagent.

(4)(a)  In addition to any license or permit fee, the sum of $1.50 shall be charged for each license or management area permit sold. Such charge is for the purpose of, and the source from which is subtracted, all administrative costs of issuing a license or permit, including, but not limited to, printing, distribution, and credit card fees.

(b)  Tax collectors may retain $1 for each license or management area permit sold.

(5)  Hunting and fishing licenses and permits shall be issued, without fee, to any resident who is certified to be totally and permanently disabled by the United States Department of Veterans Affairs or its predecessor, by the United States Social Security Administration, by any branch of the United States Armed Forces, or by the verified written statement which is based upon the criteria for permanent and total disability in chapter 440 of a physician licensed in this state or who holds a valid identification card issued under the provisions of s. 295.17, upon proof of same. Any license issued after January 1, 1997, expires after 5 years and must be reissued, upon request, every 5 years thereafter. A Disability Award Notice issued by the United States Social Security Administration is not sufficient certification for obtaining a permanent hunting and fishing license under this section unless said form certifies a resident is totally and permanently disabled.

(6)(a)  Tax collectors shall remit license and permit moneys, along with a report of funds collected and other required documentation, to the commission within 7 days following the last business day of the week in which the fees were received by the tax collector. The tax collector shall maintain records of all such licenses and permits which are sold, and all stamps issued voided, stolen, or lost. The tax collector is responsible to the commission for the fee for all licenses and permits sold and for the value of all stamps reported as lost. The tax collector shall report stolen permits to the appropriate law enforcement agency. The tax collector shall submit a written report and a copy of the law enforcement agency's report to the commission within 5 days after discovering the theft. The value of a validation stamp is $5.

(b)  Tax collectors are also responsible for fees for all licenses and permits sold by their subagents and for the value of all stamps reported as lost. The commission may adopt rules to implement this section.

(c)  Not later than August 15 of each year, each county tax collector shall submit to the commission all unissued stamps for the previous year along with a written audit report, on forms prescribed or approved by the commission, of the numbers of the unissued stamps.

(7)(a)  Each county tax collector, as issuing agent for the commission, shall submit to the commission by January 31, 1997, a report of the sale of, and payment for, all licenses and permits sold between June 1, 1996, and December 31, 1996.

(b)  By March 15, 1997, each county tax collector shall provide the commission with a written report, on forms provided by the commission, of the audit numbers of all unissued licenses and permits for the period of June 1, 1996, to December 31, 1996. Within 30 days after the submission of the annual audit report, each county tax collector shall provide the commission with a written audit report on unissued, sold, and voided licenses, permits, and stamps with a certified reconciliation statement prepared by a certified public accountant. Concurrent with the submission of the certification, the county tax collector shall remit to the commission the monetary value of all licenses, permits, and stamps that are unaccounted for. Each tax collector is also responsible for fees for all licenses, permits, and stamps distributed by him or her to subagents, sold by him or her, or reported by him or her as lost.

History.--s. 18, ch. 72-404; s. 2, ch. 85-235; s. 6, ch. 86-158; s. 2, ch. 87-261; s. 44, ch. 89-175; s. 11, ch. 90-243; s. 1, ch. 91-58; s. 3, ch. 91-78; s. 16, ch. 93-268; s. 574, ch. 95-148; s. 12, ch. 96-300; s. 15, ch. 98-397.

372.57  Licenses and permits; exemptions; fees.--No person, except as provided herein, shall take game, freshwater fish, or fur-bearing animals within this state without having first obtained a license, permit, or authorization and paid the fees hereinafter set forth, unless such license is issued without fee as provided in s. 372.561. Such license, permit, or authorization shall authorize the person to whom it is issued to take game, freshwater fish, or fur-bearing animals in accordance with law and commission rules. Such license, permit, or authorization is not transferable. Each license or permit must bear on its face in indelible ink the name of the person to whom it is issued and other information requested by the commission. Such license, permit, or authorization issued by the commission or any agent must be in the personal possession of the person to whom issued while taking game, freshwater fish, or fur-bearing animals. The failure of such person to exhibit such license, permit, or authorization to the commission or its wildlife officers, when such person is found taking game, freshwater fish, or fur-bearing animals, is a violation of law. A positive form of identification is required when using an authorization, a lifetime license, a 5-year license, or when otherwise required by the license or permit. The lifetime licenses and 5-year licenses provided herein shall be embossed with the name, date of birth, the date of issuance, and other pertinent information as deemed necessary by the commission. A certified copy of the applicant's birth certificate shall accompany all applications for a lifetime license for residents 12 years of age and younger. Each applicant for a license, permit, or authorization shall provide the applicant's social security number on the application form. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D child support enforcement program and use by the commission, and as otherwise provided by law.

(1)  A license or permit is not required for:

(a)  Any child under 16 years of age except as otherwise provided in this chapter.

(b)  Any person hunting or fishing in the person's county of residence on the person's homestead or the homestead of the person's spouse or minor child, or any minor child hunting or fishing on the homestead of her or his parent.

(c)  Any resident who is a member of the Armed Forces of the United States, who is not stationed in this state, when home on leave for 30 days or less, upon submission of orders.

(d)  Any resident when fishing with live or natural bait, using poles or lines which are not equipped with a fishing line retrieval mechanism, and fishing for noncommercial purposes in the county of her or his residence, except on legally established fish management areas. This paragraph, as amended by chapter 76-156, Laws of Florida, may be cited as the "Dempsey J. Barron, W. D. Childers, and Joe Kershaw Cane Pole Tax Repeal Act of 1976."

(e)  Any person fishing in a fish pond of 20 acres or less which is located entirely within the private property of the fish pond owner.

(f)  Any person fishing in a fish pond which is licensed in accordance with s. 372.5705.

(g)  Any person fishing who has been accepted as a client for developmental services by the ¹Department of Health and Rehabilitative Services, which department shall furnish such person proof thereof.

(h)  Any resident 65 years of age or older who has in her or his possession proof of age and residency. A free license may be obtained from any tax collector's office upon proof of age and residency.

(2)  For residents and nonresidents, the license and fees for noncommercial fishing and for hunting and trapping in this state, and the activity authorized thereby, are as follows:

(a)  A fishing license for a resident to take freshwater fish in this state is $12.

(b)1.  A fishing license for a nonresident to take freshwater fish in this state for 7 consecutive days is $15.

2.  A fishing license for a nonresident to take freshwater fish for 3 consecutive days is $5.

(c)  A fishing license for a nonresident to take freshwater fish in this state is $30.

(d)  A combination fishing and hunting license for a resident to take freshwater fish and game in this state is $22.

(e)  A hunting license for a resident to take game in this state is $11.

(f)  A hunting license for a nonresident to take game in this state is $150.

(g)  A hunting license for a nonresident to take game in this state for 10 consecutive days is $25.

(h)  A license for a resident and nonresident to take fur-bearing animals in this state is $25.

(i)  A sportsman's license for a resident is $66. The sportsman's license authorizes the holder to take freshwater fish and game, subject to state and federal regulations and rules of the commission in effect at the time of taking, and authorizes the same activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, a Florida waterfowl permit, and an archery permit. A nonresident may not purchase a sportsman's license.

(3)  A resident or nonresident taking fur-bearing animals by the use of guns or dogs only and not by the use of traps or other devices, and not for commercial purposes, who has purchased the license provided for hunting in this section, received a no-cost license, or is exempt from the license requirements of this chapter is not required to purchase the license provided in paragraph (2)(h). A resident who is age 65 or older is not required to purchase the license provided in paragraph (2)(h).

(4)  In addition to any license required by this chapter, the following permits and fees for certain hunting, fishing, and recreational uses, and the activities authorized thereby, are:

(a)  A Florida waterfowl permit to take wild ducks or geese within this state or its coastal waters is $3.

(b)1.  Management area permits to hunt, fish, or otherwise use for outdoor recreational purposes, land owned, leased, or managed by the commission or the State of Florida for the use and benefit of the commission, up to $25 annually. Permits, and fees thereof, for short-term use of land which is owned, leased, or managed by the commission may be established by rule of the commission for any activity on such lands. Such permits and fees may be in lieu of or in addition to the annual management area permit. Other than for hunting or fishing, the provisions of this paragraph shall not apply on any lands not owned by the commission, unless the commission shall have obtained the written consent of the owner or primary custodian of such lands.

2.  A recreational user permit fee to hunt, fish, or otherwise use for outdoor recreational purposes, land leased by the commission from private nongovernmental owners, except for those lands located directly north of the Apalachicola National Forest, east of the Ochlockonee River until the point the river meets the dam forming Lake Talquin, and south of the closest federal highway. The fee for this permit shall be based upon economic compensation desired by the landowner, game population levels, desired hunter density, and administrative costs. The permit fee shall be set by commission rule on a per-acre basis. On property currently in the private landowner payment program, the prior year's landowner payment shall be used to augment the landowner lease fee so as to decrease the permit fee for the users of that property. The spouse and dependent children of a permittee are exempt from the permit fee when engaged in outdoor recreational activities other than hunting in the company of the permittee. Notwithstanding any other provision of this chapter, there are no other exclusions, exceptions, or exemptions from this permit fee. The landowner lease fee, less an administrative permit fee of up to $25 per permit, shall be remitted to the landowner as provided in the lease agreement for each area.

(c)  A muzzle-loading gun permit to hunt within this state with a muzzle-loading gun during those game seasons in which hunting with a modern firearm is not allowed is $5.

(d)  An archery permit to hunt within this state with a bow and arrow during those game seasons in which hunting with a firearm is not allowed is $5.

(e)  A Florida turkey permit to take wild turkeys within this state is $5.

(f)  A special use permit for limited entry hunting or fishing, where such hunting or fishing is authorized by commission rule, shall be up to $100 per day but shall not exceed $250 per week. Notwithstanding any other provision of this chapter, there are no exclusions, exceptions, or exemptions from this fee. In addition to the fee, the commission may charge each applicant for a special use permit a nonrefundable application fee of up to $10.

(g)  The fee for a permanent hunting and fishing license for a resident 64 years of age or older is $12.

(5)  The commission is authorized to reduce the fees for licenses and permits under this section for residents of those states with which the commission has entered into reciprocal agreements with respect to such fees.

(6)  The commission may designate by rule no more than 2 consecutive or nonconsecutive days in each year as free fishing days. Notwithstanding any other provision of this chapter, any person may take freshwater fish for noncommercial purposes on a free fishing day without obtaining or possessing a license or paying a license fee as prescribed in this section. A person who takes freshwater fish on a free fishing day without obtaining a license or paying a fee must comply with all laws and regulations governing holders of a fishing license and all other conditions and limitations regulating the taking of freshwater fish as are imposed by law or rule.

(7)  A resident lifetime sportsman's license authorizes the holder to engage in the following noncommercial activities:

(a)  To take or attempt to take or possess freshwater fish, marine fish, and game, consistent with state and federal regulations and rules of the commission and the Department of Environmental Protection in effect at the time of taking.

(b)  All activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, an archery permit, a Florida waterfowl permit, a snook permit, and a crawfish permit.

(8)  The fee for a resident lifetime sportsman's license is:

(a)  4 years of age or younger ....... $400

(b)  5-12 years of age ....... $700

(c)  13 years of age or older ....... $1,000

(9)  A resident lifetime hunting license authorizes the holder to engage in the following noncommercial activities:

(a)  To take or attempt to take or possess game consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  All activities authorized by a management area permit, excluding fishing, a muzzle-loading gun permit, a turkey permit, an archery permit, and a Florida waterfowl permit.

(10)  The fee for a resident lifetime hunting license shall be:

(a)  4 years of age or younger ....... $200

(b)  5-12 years of age ....... $350

(c)  13 years of age or older ....... $500

(11)  A resident lifetime freshwater fishing license authorizes the holder to engage in the following noncommercial activities:

(a)  To take or attempt to take or possess freshwater fish consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  All activities authorized by a management area permit, excluding hunting.

(12)  The fee for a resident lifetime freshwater fishing license shall be:

(a)  4 years of age or younger ....... $125

(b)  5-12 years of age ....... $225

(c)  13 years of age or older ....... $300

(13)  Fees collected pursuant to s. 370.0605(2) for 5-year saltwater fishing licenses, fees collected pursuant to ²s. 370.0605(5)(e) for replacement 5-year and lifetime licenses, fees collected pursuant to s. 370.0615 for lifetime saltwater fishing licenses and 30 percent of the fee for the lifetime sportsman's license shall be transferred within 30 days following the last day of the month in which the license fees were received by the commission to the Marine Resources Conservation Trust Fund.

(14)  The following 5-year licenses are authorized:

(a)  A 5-year freshwater fishing license for a resident to take or attempt to take or possess freshwater fish in this state for 5 consecutive years is $60 and authorizes the holder to engage in noncommercial activities to take or attempt to take or possess freshwater fish consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  A 5-year hunting license for a resident to take or attempt to take or possess game in this state for 5 consecutive years is $55 and authorizes the holder to engage in noncommercial activities to take or attempt to take or possess game consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(15)  Proceeds from the sale of 5-year licenses as provided in this chapter shall be deposited into the Dedicated License Trust Fund. One-fifth of the total proceeds derived from the sale of 5-year licenses, replacement 5-year licenses, and all interest derived therefrom shall be available for appropriation annually.

History.--ss. 15, 19-21, ch. 13644, 1929; s. 1, ch. 17015, 1935; s. 1, ch. 17018, 1935; CGL 1936 Supp. 1977(15); s. 1, ch. 19509, 1939; s. 1, ch. 20886, 1941; s. 1, ch. 23087, 1945; s. 1, ch. 26943, 1951; s. 1, ch. 26944, 1951; s. 1, ch. 29672, 1955; s. 1, ch. 57-185; s. 2, ch. 59-73; s. 1, ch. 61-366; s. 1, ch. 61-392; s. 2, ch. 63-30; s. 1, ch. 65-373; s. 1, ch. 69-40; s. 1, ch. 70-26; s. 1, ch. 71-142; s. 103, ch. 73-333; s. 1, ch. 76-67; ss. 1, 2, ch. 76-156; ss. 1, 2, ch. 77-405; s. 1, ch. 78-6; s. 1, ch. 78-163; ss. 1, 2, ch. 79-107; s. 83, ch. 79-164; s. 143, ch. 79-400; s. 1, ch. 80-180; s. 1, ch. 81-240; s. 1, ch. 82-188; s. 7, ch. 83-71; s. 30, ch. 83-218; s. 3, ch. 85-235; s. 8, ch. 85-324; s. 7, ch. 86-158; ss. 1, 3, ch. 87-261; s. 16, ch. 87-356; s. 1, ch. 87-540; s. 45, ch. 89-175; s. 11, ch. 89-270; s. 12, ch. 90-243; s. 2, ch. 91-58; s. 4, ch. 91-78; s. 17, ch. 93-268; s. 245, ch. 94-356; s. 1002, ch. 95-148; s. 2, ch. 96-265; s. 13, ch. 96-300; s. 3, ch. 97-217; s. 2, ch. 98-333; s. 14, ch. 98-336; s. 16, ch. 98-397.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

²Note.--Paragraph 370.0605(5)(e) does not exist.

372.5705  Fish pond license.--The owner of a fish pond of more than 20 acres which is located entirely within her or his property may obtain a license from the commission for such pond at a fee of $3 per surface acre, and no fishing license shall be required of any person fishing in such licensed pond.

History.--s. 4, ch. 85-235; s. 575, ch. 95-148.

¹372.571  Expiration of licenses and permits.--Each license or permit issued under this chapter must be dated when issued. Each license or permit issued under this chapter remains valid for 12 months after the date of issuance, except for a lifetime license issued pursuant to s. 372.57 which is valid from the date of issuance until the death of the individual to whom the license is issued unless otherwise revoked in accordance with s. 372.99, or a 5-year license issued pursuant to s. 372.57 which is valid for 5 consecutive years from the date of purchase unless otherwise revoked in accordance with s. 372.99 or a license issued pursuant to s. 372.57(2)(b) or (g), which is valid for the period specified on the license. A resident lifetime license or a resident 5-year license that has been purchased by a resident of this state and who subsequently resides in another state shall be honored for activities authorized by that license.

History.--s. 1, ch. 23148, 1945; s. 26, ch. 29615, 1955; s. 1, ch. 65-536; s. 2, ch. 78-163; s. 5, ch. 85-235; s. 8, ch. 86-158; s. 46, ch. 89-175; s. 13, ch. 90-243; s. 3, ch. 91-58; s. 5, ch. 91-78; s. 59, ch. 95-143; s. 3, ch. 96-265; s. 14, ch. 96-300.

¹Note.--As amended by s. 14, ch. 96-300. This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996, p. 2086, and Journal of the Senate 1996, p. 523). Section 372.571 was also amended by s. 3, ch. 96-265, and that version reads:

372.571  Expiration of licenses, stamps, and permits.--Except as otherwise provided herein, each license, stamp, or permit issued under this chapter, except the Florida waterfowl permit and the turkey permit as provided for in ²s. 372.57(5)(a) and (e), respectively, shall be dated when issued. Each license, stamp, or permit issued under this chapter shall be valid for 12 months after the date of issuance, except for a lifetime license issued pursuant to s. 372.57 which shall be valid from the date of issuance until the death of the individual to whom the license is issued unless otherwise revoked in accordance with s. 372.99, or a 5-year license issued pursuant to s. 372.57 which shall be valid for 5 consecutive years from the date of purchase unless otherwise revoked in accordance with s. 372.99, or license issued pursuant to ³s. 372.57(2)(d), (e), (f), (i), or (k) and ⁴(5)(a), (b), (c), (d), or (e), which shall be valid from June 1 until June 30 of the following year, or a license issued pursuant to s. 372.57(2)(b), (g), or ⁵(h), which shall be valid for the period specified on the license. A resident lifetime license or a resident 5-year license that has been purchased by a resident of this state and who subsequently resides in another state shall be honored for activities authorized by that license.

²Note.--Redesignated as s. 372.57(4)(a) and (e) by s. 13, ch. 96-300.

³Note.--Redesignated as s. 372.57(2)(d), (e), (f), (h), and (i) by s. 13, ch. 96-300.

⁴Note.--Redesignated as s. 372.57(4)(a), (b), (c), (d), and (e) by s. 13, ch. 96-300.

⁵Note.--Repealed by s. 13, ch. 97-300.

372.5712  Florida waterfowl permit revenues.--

(1)  The commission shall expend the revenues generated from the sale of the Florida waterfowl permit as provided in s. 372.57(4)(a) or that pro rata portion of any license that includes waterfowl hunting privileges, as provided in s. 372.57(2)(i) and (14)(b) as follows: A maximum of 5 percent of the gross revenues shall be expended for administrative costs; a maximum of 25 percent of the gross revenues shall be expended for waterfowl research approved by the commission; and a maximum of 70 percent of the gross revenues shall be expended for projects approved by the commission, in consultation with the Waterfowl Advisory Council, for the purpose of protecting and propagating migratory waterfowl and for the development, restoration, maintenance, and preservation of wetlands within the state.

(2)  The intent of this section is to expand waterfowl research and management and increase waterfowl populations in the state without detracting from other programs. The commission shall prepare an annual report documenting the use of funds generated under the provisions of this section, to be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate on or before September 1 of each year.

History.--s. 1, ch. 79-285; s. 224, ch. 81-259; s. 6, ch. 85-235; s. 9, ch. 85-324; s. 1, ch. 86-158; s. 6, ch. 91-78; s. 60, ch. 95-143; s. 4, ch. 96-265; s. 15, ch. 96-300.

372.5714  Waterfowl Advisory Council.--

(1)  There is created a Waterfowl Advisory Council consisting of three members, one appointed by the Governor, one appointed by the Speaker of the House of Representatives, and one appointed by the President of the Senate. Members may be representative of appropriate state agencies, private conservation groups, or private citizens and shall possess knowledge and experience in the area of waterfowl management and protection. Members shall be appointed for 4-year, staggered terms and shall be eligible for reappointment. A vacancy shall be filled by appointment for the remainder of the unexpired term.

(2)  The council shall meet at least once a year either in person or by a telephone conference call, shall elect a chair annually to preside over its meetings and perform any other duties directed by the council, and shall maintain minutes of each meeting. All records of council activities shall be kept on file with the Game and Fresh Water Fish Commission and shall be made available to any interested person. The Game and Fresh Water Fish Commission shall provide such staff support as is necessary to the council to carry out its duties. Members of the council shall serve without compensation, but shall be reimbursed for per diem and travel expenses as provided in s. 112.061 when carrying out the official business of the council.

(3)  It shall be the duty of the council to advise the commission regarding the administration of revenues generated by the sale of the Florida waterfowl permit provided for by s. 372.5712. In particular, the council shall consult with and advise the commission with respect to the establishment and operation of projects for the protection and propagation of migratory waterfowl and the development, restoration, maintenance, and preservation of wetlands within the state, to be financed by such revenues as specified in said section.

History.--ss. 2, 3, ch. 79-285; ss. 1, 4, ch. 82-46; ss. 5, 6, 8, ch. 89-116; s. 5, ch. 91-429; s. 61, ch. 95-143; s. 576, ch. 95-148; s. 5, ch. 96-265.

372.5715  Florida wild turkey permit revenues.--

(1)  The commission shall expend the revenues generated from the sale of the turkey permit as provided for in s. 372.57(4)(e) or that pro rata portion of any license that includes turkey hunting privileges as provided for in s. 372.57(2)(i) and (14)(b) for research and management of wild turkeys.

(2)  The intent of this section is to expand wild turkey research and management and to increase wild turkey populations in the state without detracting from other programs. The commission shall prepare an annual report documenting the use of funds generated under the provisions of this section, to be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate on or before September 1 of each year.

History.--s. 7, ch. 85-235; s. 7, ch. 91-78; s. 6, ch. 96-265; s. 16, ch. 96-300.

372.5717  Hunter safety course; requirements; penalty.--

(1)  This section may be cited as the Senator Joe Carlucci Hunter Safety Act.

(2)  A person born on or after June 1, 1975, may not be issued a license to take wild animal life with the use of a firearm, gun, bow, or crossbow in this state without having first successfully completed a hunter safety course as provided in this section, and without having in his or her personal possession a hunter safety certification card, as provided in this section.

(3)  The Game and Fresh Water Fish Commission shall institute and coordinate a statewide hunter safety course which must be offered in every county and consist of not less than 12 hours nor more than 16 hours of instruction including, but not limited to, instruction in the competent and safe handling of firearms, conservation, and hunting ethics.

(4)  The commission shall issue a permanent hunter safety certification card to each person who successfully completes the hunter safety course. The commission shall maintain permanent records of hunter safety certification cards issued and shall establish procedures for replacing lost or destroyed cards.

(5)  A hunter safety certification card issued by a wildlife agency of another state, or any Canadian province, which shows that the holder of the card has successfully completed a hunter safety course approved by the commission is an acceptable substitute for the hunter safety certification card issued by the commission.

(6)  All persons subject to the requirements of subsection (2) must have in their personal possession, proof of compliance with this section, while taking or attempting to take wildlife with the use of a firearm, gun, bow, or crossbow and must display a valid hunter safety certification card to county tax collectors or their subagents in order to purchase a Florida hunting license. After the issuance of a license, the license itself shall serve as proof of compliance with this section. A holder of a lifetime license whose license does not indicate on the face of the license that a hunter safety course has been completed must have in his or her personal possession a hunter safety certification card, as provided by this section, while attempting to take wild animal life with the use of a firearm, gun, bow, or crossbow.

(7)  The hunter safety requirements of this section do not apply to persons for whom licenses are not required under s. 372.57(1).

(8)  A person who violates this section shall be cited for a noncriminal infraction, punishable as provided in s. 372.711.

History.--s. 1, ch. 89-274; s. 4, ch. 91-58; s. 15, ch. 91-78; s. 53, ch. 91-224; s. 577, ch. 95-148; s. 1, ch. 96-193.

372.5718  Hunter safety course for juveniles.--The Game and Fresh Water Fish Commission shall develop a hunter safety course for juveniles who are at least 5 years of age but less than 16 years of age. The course must include, but is not limited to, instruction in the competent and safe handling of firearms, conservation, and hunting ethics. The course must be appropriate for the ages of the students. The course is voluntary and must be offered in each county in the state at least annually. The course is in addition to, and not in lieu of, the hunter safety course prescribed in s. 372.5717.

History.--s. 2, ch. 96-193.

372.573  Management area permit revenues.--The commission shall expend the revenue generated from the sale of the management area permit as provided for in ¹s. 372.57(5)(b) or that pro rata portion of any license that includes management area privileges as provided for in ²s. 372.57(2)(k) and (16)(b) for the lease, management, and protection of lands for public hunting, fishing, and other outdoor recreation.

History.--ss. 1, 2, ch. 25463, 1949; s. 1, ch. 59-390; s. 1, ch. 72-337; s. 103, ch. 73-333; s. 2, ch. 76-67; s. 1, ch. 79-372; s. 2, ch. 80-180; s. 2, ch. 82-188; s. 8, ch. 85-235; s. 10, ch. 85-324; s. 2, ch. 86-158; s. 8, ch. 91-78; s. 7, ch. 96-265.

¹Note.--Redesignated as s. 372.57(4)(b) by s. 13, ch. 96-300.

²Note.--Redesignated as s. 372.57(2)(i) and (14)(b) by s. 13, ch. 96-300.

372.574  Appointment of subagents for the sale of hunting, fishing, and trapping licenses and permits.--

(1)  A county tax collector who elects to sell licenses and permits may appoint any person as a subagent for the sale of fishing, hunting, and trapping licenses and permits that the tax collector is allowed to sell. The following are requirements for subagents:

(a)  Each subagent must serve at the pleasure of the county tax collector.

(b)  Neither an employee of the county tax collector nor her or his relative or next of kin, by blood or otherwise, may be appointed as a subagent.

(c)  The tax collector may require each subagent to post an appropriate bond as determined by the tax collector, using an insurance company acceptable to the tax collector. In lieu of such bond, the tax collector may purchase blanket bonds covering all or selected subagents or may allow a subagent to post such other security as is required by the tax collector.

(d)  A subagent may sell licenses and permits as are determined by the tax collector at such specific locations within the county and in states contiguous to Florida as will best serve the public interest and convenience in obtaining licenses and permits. The commission may uniformly prohibit subagents from selling certain licenses or permits.

(e)  It is unlawful for any person to handle licenses or permits for a fee or compensation of any kind unless she or he has been appointed as a subagent.

(f)  Any person who willfully violates any of the provisions of this law is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(g)  A subagent may charge and receive as her or his compensation 50 cents for each license or permit sold. This charge is in addition to the sum required by law to be collected for the sale and issuance of each license or permit.

(h)  A subagent shall submit payment for and report the sale of licenses and permits to the tax collector as prescribed by the tax collector but no less frequently than monthly.

(i)  Subagents shall submit an activity report for sales made during the reporting period on forms prescribed or approved by the commission. Periodic audits may be performed at the discretion of the commission.

(2)  If a tax collector elects not to appoint subagents, the commission may appoint subagents within that county. Subagents shall serve at the pleasure of the commission. The commission may establish, by rule, procedures for selection of subagents. The following are requirements for subagents so appointed:

(a)  The commission may require each subagent to post an appropriate bond as determined by the commission, using an insurance company acceptable to the commission. In lieu of the bond, the commission may purchase blanket bonds covering all or selected subagents or may allow a subagent to post other security as required by the commission.

(b)  A subagent may sell licenses and permits as authorized by the commission at specific locations within the county and in states as will best serve the public interest and convenience in obtaining licenses and permits. The commission may prohibit subagents from selling certain licenses or permits.

(c)  It is unlawful for any person to handle licenses or permits for a fee or compensation of any kind unless he or she has been appointed as a subagent.

(d)  Any person who willfully violates any of the provisions of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(e)  A subagent may charge and receive as his or her compensation 50 cents for each license or permit sold. This charge is in addition to the sum required by law to be collected for the sale and issuance of each license or permit. In addition, no later than July 1, 1997, a subagent fee for the sale of licenses over the telephone by credit card shall be established by competitive bid procedures which are overseen by the Game and Fresh Water Fish Commission.

(f)  A subagent shall submit payment for and report the sale of licenses and permits to the commission as prescribed by the commission.

(g)  Subagents shall maintain records of all licenses and permits sold and all stamps issued, voided, stolen, or lost. Subagents are responsible to the commission for the fees for all licenses and permits sold and for the value of all stamps reported as lost. Subagents must report all stolen validation stamps to the appropriate law enforcement agency. The subagent shall submit a written report and a copy of the law enforcement agency's report to the commission within 5 days after discovering the theft. The value of a lost validation stamp is $5.

(h)  Subagents shall submit an activity report for sales made during the reporting period on forms prescribed or approved by the commission. Periodic audits may be performed at the discretion of the commission.

(i)  By July 15 of each year, each subagent shall submit to the commission all unissued stamps for the previous year along with a written audit report, on forms prescribed or approved by the commission, on the numbers of the unissued stamps.

(3)  All social security numbers which are provided pursuant to ss. 372.561 and 372.57 and are contained in records of any subagent appointed pursuant to this section are confidential as provided in those sections.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 59-494; s. 1, ch. 65-509; s. 310, ch. 71-136; s. 106, ch. 71-355; s. 103, ch. 73-333; s. 1, ch. 80-369; s. 3, ch. 82-188; s. 31, ch. 83-218; s. 9, ch. 85-235; s. 14, ch. 90-243; s. 578, ch. 95-148; s. 17, ch. 96-300; s. 17, ch. 98-397.

372.58  False statement in application for license or permit.--Any person who swears or affirms to any false statement in any application for license or permit provided by this chapter, is guilty of violating this chapter, and shall be subject to the penalty provided in s. 372.83, and any false statement contained in any application for such license or permit renders the license or permit void.

History.--s. 16, ch. 13644, 1929; CGL 1936 Supp. 1977(16); s. 10, ch. 85-235; s. 6, ch. 91-134; s. 18, ch. 96-300.

372.581  Entering false information on licenses or permits.--Whoever knowingly and willfully enters false information on, or allows or causes false information to be entered on or shown upon any license or permit issued under the provisions of this chapter in order to avoid prosecution or to assist another to avoid prosecution, or for any other wrongful purpose shall be punished as provided in s. 372.83.

History.--s. 1, ch. 65-159; s. 11, ch. 85-235; s. 7, ch. 91-134; s. 19, ch. 96-300.

372.59  License and permit not transferable.--A person may not alter or change in any manner, or loan or transfer to another, any license or permit issued pursuant to the provisions of this chapter, nor may any other person, other than the person to whom it is issued, use the same.

History.--s. 17, ch. 13644, 1929; CGL 1936 Supp. 1977(17); s. 12, ch. 85-235; s. 20, ch. 96-300.

¹372.60  Issuing of replacement license or permit.--A license or permit to replace a lost or destroyed license may be obtained by submitting an application requesting replacement. The fee is $10 for each application for a replacement of a lifetime license and $2 for each application for replacement for any other license or permit, which shall be for the purpose of, and the source from which is subtracted, all administrative costs of issuing the license or permit, including, but not limited to, printing, distribution, and credit card fees. The office of the tax collector may retain $1 for each application for a replacement license. Fees collected from the issuance of replacement lifetime licenses and 5-year licenses shall be deposited into the Dedicated License Trust Fund and shall be available for appropriation.

History.--s. 18, ch. 13644, 1929; CGL 1936 Supp. 1977(18); s. 103, ch. 73-333; s. 13, ch. 85-235; s. 11, ch. 85-324; s. 3, ch. 86-158; s. 15, ch. 90-243; s. 9, ch. 91-78; s. 579, ch. 95-148; s. 21, ch. 96-300.

¹Note.--Section 1, ch. 97-128, effective November 4, 2000, provides that "[t]he Dedicated License Trust Fund within the Game and Fresh Water Fish Commission, which was created by section 372.106, Florida Statutes, and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on November 4, 2000, is re-created."

372.65  Freshwater fish dealer's license.--

(1)  No person shall engage in the business of taking for sale or selling any frogs or freshwater fish, including live bait, of any species or size, or importing any exotic or nonindigenous fish, until such person has obtained a license and paid the fee therefor as set forth herein. The license issued shall be in the possession of the person to whom issued while such person is engaging in the business of taking for sale or selling freshwater fish or frogs, is not transferable, shall bear on its face in indelible ink the name of the person to whom it is issued, and shall be affixed to a license identification card issued by the commission. Such license is not valid unless it bears the name of the person to whom it is issued and is so affixed. The failure of such person to exhibit such license to the commission or any of its wildlife officers when such person is found engaging in such business is a violation of law. The license fees and activities permitted under particular licenses are as follows:

(a)  The fee for a resident commercial fishing license, which permits a resident to take freshwater fish or frogs by any lawful method prescribed by the commission and to sell such fish or frogs, shall be $25. The license provided for in this paragraph shall also allow noncommercial fishing as provided by law and commission rules, and the license in s. 372.57(2)(a) shall not be required.

(b)  The fee for a resident freshwater fish dealer's license, which permits a resident to import, export, or sell freshwater fish or frogs, including live bait, shall be $40.

(c)  The fee for a nonresident commercial fishing license, which permits a nonresident to take freshwater fish or frogs as provided in paragraph (a), shall be $100.

(d)  The fee for a nonresident retail fish dealer's license, which permits a nonresident to sell freshwater fish or frogs to a consumer, shall be $100.

(e)  The fee for a nonresident wholesale fish dealer's license, which permits a nonresident to sell freshwater fish or frogs within the state, and to buy freshwater fish or frogs for resale, shall be $500.

(f)  The fee for a nonresident wholesale fish buyer's license, which permits a nonresident who does not sell freshwater fish or frogs in Florida to buy freshwater fish or frogs from resident fish dealers for resale outside the state, shall be $50.

(g)  Any individual or business issued an aquaculture certificate, pursuant to s. 597.004, shall be exempt with respect to aquaculture products authorized under such certificate. The commission is authorized to require that cultured game fish sold be tagged and to assess a fee of not more than 5 cents for each tag, which shall be furnished by the commission.

(h)  There is levied, in addition to any other license fee thereon, an annual gear license fee of $50 upon each person fishing with trawl seines used in the fresh waters of the state.

(i)  There is levied, in addition to any other license fee thereon, an annual gear license fee of $100 upon each person fishing with haul seines used in the fresh waters of the state.

(2)  The provisions of ss. 372.561 and 372.571, except those provisions relating to issuance without fee to certain classes of persons, shall apply to licenses issued under this section.

(3)  Each boat engaged in commercial fishing shall have at least one licensed commercial fisher on board.

(4)  It shall be unlawful for any resident freshwater fish dealer, or any nonresident wholesale or nonresident retail fish dealer, or any nonresident wholesale fish buyer to buy freshwater fish or frogs from any unlicensed person.

History.--s. 31, ch. 13644, 1929; CGL 1936 Supp. 1977(31); s. 2, ch. 61-119; ss. 1, 2, ch. 78-189; s. 14, ch. 85-235; s. 12, ch. 85-324; ss. 4, 5, ch. 86-158; s. 2, ch. 90-92; s. 580, ch. 95-148; s. 15, ch. 96-247; s. 16, ch. 98-333.

372.651  Haul seine and trawl permits; freshwater lakes in excess of 500 square miles; fees.--

(1)  The Game and Fresh Water Fish Commission is authorized to issue permits for each haul seine or trawl used in freshwater lakes in the state having an area in excess of 500 square miles.

(2)  The commission may charge an annual fee for the issuance of such permits which shall not exceed:

(a)  For a resident trawl permit, $50.

(b)  For a resident haul seine permit, $100.

(c)  For a nonresident or alien trawl or haul seine permit, $500.

History.--s. 1, ch. 76-182.

372.653  Required tagging of fish; lakes in excess of 500 square miles; tag fee; game fish taken in lakes of 500 square miles or less.--

(1)(a)  No game fish taken from, or caught in, a lake in this state the area of which is in excess of 500 square miles shall be sold for consumption in this state unless it is tagged in the manner required by the Game and Fresh Water Fish Commission. Bass or pickerel taken by any method other than hook and line shall be returned immediately to the water. Trawls and haul seines shall not be operated within 1 mile of rooted aquatic vegetation.

(b)  In order that such program of tagging be self-sufficient, the Game and Fresh Water Fish Commission is authorized to assess a fee of not more than 5 cents per tag, payable at the time of delivery of the tag.

(2)  No freshwater game fish shall be taken from a lake in this state the area of which is 500 square miles or less other than with pole and line; rod and reel; or plug, bob, spinner, spoon, or other artificial bait or lure.

(3)  No freshwater game fish taken from a lake in this state the area of which is 500 square miles or less shall be offered for sale or sold.

History.--s. 1, ch. 76-216.

372.66  License required for fur and hide dealers.--

(1)  It is unlawful for any person to engage in the business of a dealer or buyer in alligator skins or green or dried furs in the state or purchase such skins within the state until such person has been licensed as herein provided.

(2)  Any resident dealer or buyer who solicits business through the mails, or by advertising, or who travels to buy or employs or has other agents or buyers, shall be deemed a resident state dealer and shall be required to pay a license fee of $100 per annum and shall pay an agent's license fee of $5 per annum for each agent or traveling buyer employed by or buying for such licensed state dealer.

(3)  Any resident dealer or buyer who does not solicit by mail, advertise, travel to buy or employ or have agents or traveling buyers shall be deemed a resident local dealer and shall be required to pay a license fee of $10 per annum.

(4)  A nonresident dealer or buyer shall be required to pay a license fee of $500 per annum and shall pay a license fee of $100 per annum for each agent, resident buyer or traveling buyer employed by or buying for or acting as agent for such nonresident buyer.

(5)  All agents' licenses shall be applied for by, and issued to, a resident state dealer or nonresident dealer and shall show name and residence of such agent and shall be in possession of such agent at all times when engaged in buying furs or hides. Application for such licenses shall be made to the Game and Fresh Water Fish Commission on blanks furnished by it.

(6)  All dealers and buyers shall forward to the Game and Fresh Water Fish Commission each 2 weeks during open season a report showing number and kind of hides bought and name of trapper from whom bought and the trapper's license number, or if trapper is exempt from license under any of the provisions of this chapter, such report shall show the nature of such exemption. No common carrier shall knowingly ship or transport or receive for transportation any hides or furs unless such shipments have marked thereon name of shipper and the number of her or his fur-animal license or fur dealer's license.

History.--s. 61, ch. 13644, 1929; CGL 1936 Supp. 1977(61); s. 581, ch. 95-148.

372.661  Private hunting preserve, license; exception.--

(1)  Any person who operates a private hunting preserve commercially or otherwise shall be required to pay a license fee of $25 for each such preserve; provided, however, that during the open season established for wild game of any species a private individual may take artificially propagated game of such species up to the bag limit prescribed for the particular species without being required to pay the license fee required by this section; provided further that if any such individual shall charge a fee for taking such game she or he shall be required to pay the license fee required by this section and to comply with the rules and regulations of the Game and Fresh Water Fish Commission relative to the operation of private hunting preserves.

(2)  A commercial hunting preserve license, which shall exempt patrons of licensed preserves from the licensure requirements of s. 372.57(2)(e), (f), (g), ¹(h), and ²(k), ³(5)(a), (c), (d), and (e), (9), (11), and (16)(b) while hunting on the licensed preserve property, shall be $500. Such commercial hunting preserve license shall be available only to those private hunting preserves licensed pursuant to this section which are operated exclusively for commercial purposes, which are open to the public, and for which a uniform fee is charged to patrons for hunting privileges.

History.--s. 3, ch. 59-73; s. 47, ch. 89-175; s. 5, ch. 91-58; s. 10, ch. 91-78; s. 582, ch. 95-148.

¹Note.--Repealed by s. 13, ch. 96-300.

²Note.--Redesignated as s. 372.57(2)(i) by s. 13, ch. 96-300.

³Note.--Redesignated as s. 372.57(4)(a), (c), (d), and (e) by s. 13, ch. 96-300.

372.662  Unlawful sale, possession, or transporting of alligators or alligator skins.--Whenever the sale, possession, or transporting of alligators or alligator skins is prohibited by any law of this state, or by the rules, regulations, or orders of the Game and Fresh Water Fish Commission adopted pursuant to s. 9, Art. IV of the State Constitution, the sale, possession, or transporting of alligators or alligator skins is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 65-160; s. 7, ch. 69-216; s. 311, ch. 71-136; s. 30, ch. 83-216.

372.663  Illegal killing, possessing, or capturing of alligators or other crocodilia or eggs; confiscation of equipment.--

(1)  It is unlawful to intentionally kill, injure, possess, or capture, or attempt to kill, injure, possess, or capture, an alligator or other crocodilian, or the eggs of an alligator or other crocodilian, unless authorized by the rules of the Game and Fresh Water Fish Commission. Any person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, in addition to such other punishment as may be provided by law. Any equipment, including but not limited to weapons, vehicles, boats, and lines, used by a person in the commission of a violation of any law, rule, regulation, or order relating to alligators or other crocodilia or the eggs of alligators or other crocodilia shall, upon conviction of such person, be confiscated by the Game and Fresh Water Fish Commission and disposed of according to rules and regulations of the commission. The arresting officer shall promptly make a return of the seizure, describing in detail the property seized and the facts and circumstances under which it was seized, including the names of all persons known to the officer who have an interest in the property.

(2)  The commission shall promptly fix the value of the property and make return to the clerk of the circuit court of the county wherein same was seized. Upon proper showing that any such property is owned by, or titled in the name of, any innocent party, such property shall be promptly returned to such owner.

(3)  The provisions of this section shall not vitiate any valid lien, retain title contract, or chattel mortgage on such property in effect as of the time of such seizure.

History.--s. 1, ch. 70-1; s. 1, ch. 70-439; s. 312, ch. 71-136; s. 1, ch. 91-134.

372.664  Prima facie evidence of intent to violate laws protecting alligators.--Except as otherwise provided by rule of the Game and Fresh Water Fish Commission for the purpose of the limited collection of alligators in designated areas, the display or use of a light in a place where alligators might be known to inhabit in a manner capable of disclosing the presence of alligators, together with the possession of firearms, spear guns, gigs, and harpoons customarily used for the taking of alligators, during the period between 1 hour after sunset and 1 hour before sunrise shall be prima facie evidence of an intent to violate the provisions of law regarding the protection of alligators.

History.--s. 1, ch. 70-2; s. 1, ch. 87-199.

372.6645  Unlawful to sell alligator products; penalty.--

(1)  It is unlawful for any person to sell any alligator product manufactured in the form of a stuffed baby alligator or other baby crocodilia.

(2)  No person shall sell any alligator product manufactured from a species which has been declared to be endangered by the United States Fish and Wildlife Service or the Game and Fresh Water Fish Commission.

(3)  Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 70-3; s. 313, ch. 71-136; s. 1, ch. 71-299; s. 107, ch. 71-355; s. 1, ch. 81-191; s. 1, ch. 85-188; s. 7, ch. 87-199; s. 54, ch. 91-224.

372.665  Word "alligator" or "gator" not to be used in certain sales.--It is unlawful for any person to use the word "gator" or "alligator" in connection with the sale of any product derived or made from the skins of other crocodilia or in connection with the sale of other crocodilia. Any person violating this section shall, upon conviction, be guilty of a misdemeanor.

History.--s. 1, ch. 69-312.

372.667  Feeding or enticement of alligators or crocodiles unlawful; penalty.--

(1)  No person shall intentionally feed, or entice with feed, any wild American alligator (Alligator mississippiensis) or American crocodile (Crocodylus acutus). However, the provisions of this section shall not apply to:

(a)  Those persons feeding alligators or crocodiles maintained in protected captivity for educational, scientific, commercial, or recreational purposes.

(b)  Game and Fresh Water Fish Commission personnel, persons licensed or otherwise authorized by the commission, or county or municipal animal control personnel when relocating alligators or crocodiles by baiting or enticement.

(2)  For the purposes of this section, the term "maintained in protected captivity" means held in captivity under a permit issued by the Game and Fresh Water Fish Commission pursuant to s. 372.921 or s. 372.922.

(3)  Any person who violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 78-101; s. 55, ch. 91-224.

372.6671  Alligator trapping program; definitions.--Unless otherwise provided by a specific section or the context otherwise requires, as used in ss. 372.6671-372.6674, the following definitions shall apply:

(1)  "Alligator" means a member of the species of alligator (Alligator mississippiensis) but does not mean its eggs.

(2)  "Alligator hatchling" means a juvenile alligator as more specifically defined by commission rule.

(3)  "Process" or "processing" means the skinning, butchering, or possession of alligators.

History.--s. 2, ch. 87-199.

372.6672  Alligator management and trapping program implementation; commission authority.--

(1)  In any alligator management and trapping program that the Game and Fresh Water Fish Commission shall establish, the commission shall have the authority to adopt all rules necessary for full and complete implementation of such alligator management and trapping program, and, in order to ensure its lawful, safe, and efficient operation in accordance therewith, may:

(a)  Regulate the marketing and sale of alligators, their hides, eggs, meat, and byproducts, including the development and maintenance of a state-sanctioned sale.

(b)  Regulate the handling and processing of alligators, their eggs, hides, meat, and byproducts, for the lawful, safe, and sanitary handling and processing of same.

(c)  Regulate commercial alligator farming facilities and operations for the captive propagation and rearing of alligators and their eggs.

(d)  Provide hide-grading services by two or more individuals pursuant to state-sanctioned sales if rules are first promulgated by the commission governing:

1.  All grading-related services to be provided pursuant to this section;

2.  Criteria for qualifications of persons to serve as hide-graders for grading services to be provided pursuant to this section; and

3.  The certification process by which hide-graders providing services pursuant to this section will be certified.

(e)  Provide sales-related services by contract pursuant to state-sanctioned sales if rules governing such services are first promulgated by the commission.

(2)  All contractors of the commission for the grading, marketing, and sale of alligators and their hides, eggs, meat, and byproducts shall not engage in any act constituting a conflict of interest under part III of chapter 112.

(3)  The powers and duties of the commission hereunder shall not be construed so as to supersede the regulatory authority or lawful responsibility of the ¹Department of Health and Rehabilitative Services, the Department of Agriculture and Consumer Services, or any local governmental entity regarding the processing or handling of food products, but shall be deemed supplemental thereto.

History.--s. 3, ch. 87-199; s. 17, ch. 98-333.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

372.6673  Taking and possession of alligators; trapping licenses; fees.--

(1)(a)  No person shall take or possess any alligator or the eggs thereof without having first obtained from the commission a trapping license and paid the fee provided in this section. Such license shall be valid from June 1 to June 30 of the following year and shall authorize the person to whom it is issued to take or possess alligators and their eggs, and to sell, possess, and process alligators and their hides and meat, in accordance with law and commission rules. Such license shall not be transferable and shall not be valid unless it bears on its face in indelible ink the name of the person to whom it is issued. Such license shall be in the personal possession of the licensee while such person is taking alligators or their eggs or is selling, possessing, or processing alligators or their eggs, hides, or meat. The failure of the licensee to exhibit such license to the commission or its wildlife officers, when such person is found taking alligators or their eggs or is found selling, possessing, or processing alligators or their eggs, hides, or meat, shall be a violation of law.

(b)  In order to assure the optimal utilization of the estimated available alligator resource and to ensure adequate control of the alligator management and harvest program, the commission may by rule limit the number of participants engaged in the taking of alligators or their eggs from the wild.

(c)  No person who has been convicted of any violation of s. 372.663 or s. 372.664 or the rules of the commission relating to the illegal taking of crocodilian species shall be eligible for issuance of a license for a period of 5 years subsequent to such conviction. In the event such violation involves the unauthorized taking of an endangered crocodilian species, no license shall be issued for 10 years subsequent to the conviction.

(2)  The license and issuance fee, and the activity authorized thereby, shall be as follows:

(a)  The annual fee for issuance of a resident alligator trapping license, which permits a resident of the state to take alligators occurring in the wild other than alligator hatchlings, to possess and process alligators taken under authority of such alligator trapping license or otherwise legally acquired, and to possess, process, and sell their hides and meat, shall be $250.

(b)  The annual fee for issuance of a nonresident alligator trapping license, which permits a person other than a resident of the state to take alligators occurring in the wild other than alligator hatchlings, to possess and process alligators taken under authority of such alligator trapping license, and to possess, process, and sell their hides and meat, shall be $1,000.

(c)  The annual fee for issuance of an alligator trapping agent's license, which permits a person to act as an agent of any person who has been issued a resident or nonresident alligator trapping license as provided in paragraph (a) or paragraph (b) and to take alligators occurring in the wild other than alligator hatchlings, and to possess and process alligators taken under authority of such agency relationship, shall be $50. Such alligator trapping agent's license shall be issued only in conjunction with an alligator trapping license and shall bear on its face in indelible ink the name and license number of the alligator trapping licenseholder for whom the holder of this license is acting as an agent.

(d)  The annual fee for issuance of an alligator farming license, which permits a person to operate a facility for captive propagation of alligators, to possess alligators for captive propagation, to take alligator hatchlings and alligator eggs occurring in the wild, to rear such alligators, alligator hatchlings, and alligator eggs in captivity, to process alligators taken or possessed under authority of such alligator farming license or otherwise legally acquired, and to sell their hides and meat, shall be $250.

(e)  The annual fee for issuance of an alligator farming agent's license, which permits a person to act as an agent of any person who has been issued an alligator farming license as provided in paragraph (d) and to take alligator hatchlings and alligator eggs occurring in the wild, and to possess and process alligators taken under authority of such agency relationship, shall be $50. Such license shall be issued only in conjunction with an alligator farming license, and shall bear on its face in indelible ink the name and license number of the alligator farming licenseholder for whom the holder of this license is acting as an agent.

(f)  The annual fee for issuance of an alligator processor's license, which permits a person to buy and process alligators lawfully taken by alligator trapping licenseholders and taken or possessed by alligator farming licenseholders and to sell alligator meat, hides, and other parts, shall be $250.

(3)  For the purpose of this section, "process" shall mean the possession and skinning or butchering of an alligator by someone other than the holder of the alligator trapping license, alligator trapping agent's license, alligator farming license, or alligator farming agent's license who has authorized the taking and possession of such alligator.

(4)  No person shall take any alligator egg occurring in the wild or possess any such egg unless such person has obtained, or is a licensed agent of another person who has obtained, an alligator egg collection permit. The alligator egg collection permit shall be required in addition to the alligator farming license provided in paragraph (2)(d). The commission is authorized to assess a fee for issuance of the alligator egg collection permit of up to $5 per egg authorized to be taken or possessed pursuant to such permit, of which $1 per egg, excluding eggs collected on private wetland management areas, may be transferred to the General Inspection Trust Fund, to be administered by the Department of Agriculture and Consumer Services for the purpose of providing marketing and education services with respect to alligator products produced in this state, notwithstanding other provisions in this chapter.

(5)  The commission shall adopt criteria by rule to establish appropriate qualifications for alligator collectors who may receive permits pursuant to this section.

History.--s. 4, ch. 87-199; s. 18, ch. 98-333.

372.6674  Required tagging of alligators and hides; fees; revenues.--The tags provided in this section shall be required in addition to any license required under s. 372.6673.

(1)  No person shall take any alligator occurring in the wild or possess any such alligator unless such alligator is subsequently tagged in the manner required by commission rule. For the tag required for an alligator hatchling, the commission is authorized to assess a fee of not more than $15 for each alligator hatchling tag issued. The commission shall expend one-third of the revenue generated from the issuance of the alligator hatchling tag for alligator husbandry research.

(2)  The commission may require that an alligator hide validation tag be affixed to the hide of any alligator taken from the wild and that such hide be possessed, purchased, sold, offered for sale, or transported in accordance with commission rule. The commission is authorized to assess a fee of up to $30 for each alligator hide validation tag issued, of which $5 per validated hide, excluding those validated from public hunt programs, may be transferred to the General Inspection Trust Fund, to be administered by the Department of Agriculture and Consumer Services for the purpose of providing marketing and education services with respect to alligator products produced in this state, notwithstanding other provisions in this chapter.

(3)  The number of tags available for alligators taken pursuant to a collection permit shall be limited to the number of tags determined by the commission to equal the safe yield of alligators as determined pursuant to s. 372.6678.

History.--s. 5, ch. 87-199; s. 19, ch. 98-333.

372.6678  Alligator study requirements.--The commission shall conduct studies of all areas of the state which it intends to open to alligator collection permits. The study shall include individual wet areas, lakes, and rivers, or reasonable numbers of wet areas, lakes, and rivers that may be logically grouped. The studies shall determine the safe yield of alligators for which collection permits may be issued. The studies shall be based upon the best biological information that indicates the number of alligators which can be removed from the system without long-term adverse impacts on population levels.

History.--s. 6, ch. 87-199.

372.671  Florida or wild panther; killing prohibited; penalty.--

(1)  It is unlawful for a person to kill a member of the Florida "endangered species," as defined in s. 372.072(3), known as the Florida panther (Felis concolor coryi).

(2)  It is unlawful for a person to kill any member of the species of panther (Felis concolor) occurring in the wild.

(3)  A person convicted of unlawfully killing a Florida panther, or unlawfully killing any member of the species of panther occurring in the wild, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 78-173; s. 1, ch. 84-99.

372.672  Florida Panther Research and Management Trust Fund.--

(1)  There is established within the Game and Fresh Water Fish Commission the Florida Panther Research and Management Trust Fund to be used exclusively for the purposes of this section.

(2)  Money from the fund shall be spent only for the following purposes:

(a)  To manage and protect existing Florida panther populations by increasing panther food sources where food is a limiting factor, determining conflicts between public use and panther survival, maintaining sufficient genetic variability in existing populations, and undertaking management and enforcement activities that protect panther habitat.

(b)  To educate the public concerning the value of the panther and the necessity for panther management.

(c)  To reestablish Florida panthers into areas of suitable habitat, where feasible, by assessing the necessity of a captive breeding program for purposes of reintroduction of the panthers into the suitable habitat; selecting potential sites for reintroduction and investigating associated human sociological aspects; and assessing the potential for panther habitat acquisition.

(d)  To fund and administer education programs authorized in s. 372.674.

(3)  The Game and Fresh Water Fish Commission is authorized to receive donations for deposit into the Florida Panther Research and Management Trust Fund.

(4)  Notwithstanding subsection (2), for the 1997-1998 fiscal year only, up to $50,000 may be appropriated from the fund to reimburse expenses incurred in recovering, housing, and maintaining Texas cougars originally purchased as part of the Florida panther research and management program. This subsection is repealed on July 1, 1998.

History.--ss. 2, 4, ch. 83-173; s. 26, ch. 97-153; s. 1, ch. 97-259; s. 3, ch. 98-333.

372.673  Florida Panther Technical Advisory Council.--

(1)  The Florida Panther Technical Advisory Council is established within the Game and Fresh Water Fish Commission. The council shall be appointed by the Governor and shall consist of seven members with technical knowledge and expertise in the research and management of large mammals.

(a)  Two members shall represent state or federal agencies responsible for management of endangered species; two members, who must have specific experience in the research and management of large felines or large mammals, shall be appointed from universities, colleges, or associated institutions; and three members, with similar expertise, shall be appointed from the public at large.

(b)  As soon as practicable after July 1, 1983, one member representing a state or federal agency and one member appointed from a university, college, or associated institution shall be appointed for terms ending August 1, 1985, and the remaining members shall be appointed for terms ending August 1, 1987. Thereafter, all appointments shall be for 4-year terms. If a vacancy occurs, a member shall be appointed for the remainder of the unexpired term. A member whose term has expired shall continue sitting on the council with full rights until a replacement has been appointed.

(c)  Council members shall be reimbursed pursuant to s. 112.061 but shall receive no additional compensation or honorarium.

(2)  The purposes of the council are:

(a)  To serve in an advisory capacity to the Florida Game and Fresh Water Fish Commission on technical matters of relevance to the Florida panther recovery program, and to recommend specific actions that should be taken to accomplish the purposes of this act.

(b)  To review and comment on research and management programs and practices to identify potential harm to the Florida panther population.

(c)  To provide a forum for technical review and discussion of the status and development of the Florida panther recovery program.

History.--ss. 3, 5, ch. 83-173; s. 1, ch. 93-14; s. 27, ch. 96-389.

372.674  Environmental education.--

(1)  The Game and Fresh Water Fish Commission may establish programs and activities to develop and distribute environmental education materials that will assist the public in understanding and appreciating Florida's environment and problems and issues facing our state's unique and fragile ecological systems. Such programs shall assist school teachers, state administrators, and others in the essential mission to preserve the capability to sustain the functions of our lands, water, wildlife habitats, and other natural resources in the most healthful, enjoyable, and productive manner.

(2)  There is created within the Game and Fresh Water Fish Commission the Advisory Council on Environmental Education. The council is to have up to 10 members appointed by the commission and is to be chaired by the commission's executive director or his or her designee. At a minimum, the council must include a representative of the Department of Education and a representative of the Department of Environmental Protection.

(3)  Each member who is a public official shall perform the duties of a member of the council as additional duties required of that member in his or her other official capacity.

(4)  A member of the council may not be compensated for his or her services but is entitled to per diem and travel expenses as provided in s. 112.061.

(5)  The council shall hold meetings at least semiannually at the call of the chairperson.

(6)  The advisory council shall:

(a)  Serve as a forum for the discussion and study of problems that affect the environment which could be improved with environmental education.

(b)  Develop a recommended priority list for projects to be funded through the Florida Panther Research and Management Trust Fund and the Save the Manatee Trust Fund and review and evaluate projects implemented through the fund.

(c)  Review and evaluate annual funding needs for educational activities and materials which will assist Florida public school students, teachers, and administrators in the perception and understanding of ecological principles and environmental problems.

(d)  Cooperate with the Department of Education in evaluating annual project proposals for projects to be funded through the Florida Panther Research and Management Trust Fund and the Save the Manatee Trust Fund to develop and distribute model instructional materials for use in environmental education to integrate environmental education into the general curriculum of public school districts, community colleges, and universities.

(e)  Cooperate with the Department of Environmental Protection in evaluating annual proposals for projects to be funded through the Florida Panther Research and Management Trust Fund and the Save the Manatee Trust Fund that can promote an understanding about environmental protection programs and activities administered by the department.

(f)  Not less than 90 days prior to each regular session of the Legislature, prepare an annual report of its activities and recommendations and transmit it to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(7)  The Game and Fresh Water Fish Commission shall review the recommended list of projects to be funded from the Florida Panther Research and Management Trust Fund and the Save the Manatee Trust Fund by August of each year and make a final determination of projects to receive grants from available appropriations by the Legislature. The commission shall act upon the recommended list within 45 days after receipt of the list.

History.--s. 82, ch. 96-321; s. 4, ch. 98-333.

372.70  Prosecutions.--The prosecuting officers of the several courts of criminal jurisdiction of this state shall investigate and prosecute all violations of the laws relating to game, freshwater fish, nongame birds and fur-bearing animals which may be brought to their attention by the Game and Fresh Water Fish Commission or its conservation officers, or which may otherwise come to their knowledge.

History.--s. 11, ch. 13644, 1929; CGL 1936 Supp. 1977(11).

372.701  Arrest by officers of the Game and Fresh Water Fish Commission; recognizance; cash bond; citation.--

(1)  In all cases of arrest by officers of the Game and Fresh Water Fish Commission and the Department of Environmental Protection, the person arrested shall be delivered forthwith by said officer to the sheriff of the county, or shall obtain from such person arrested a recognizance or, if deemed necessary, a cash bond or other sufficient security conditioned for her or his appearance before the proper tribunal of such county to answer the charge for which the person has been arrested.

(2)  All officers of the commission and the department are hereby directed to deliver all bonds accepted and approved by them to the sheriff of the county in which the offense is alleged to have been committed.

(3)  Any person so arrested and released on her or his own recognizance by an officer and who shall fail to appear or respond to the proper citation to appear, shall, in addition to the charge relating to wildlife or freshwater fish, be charged with that offense of failing to respond to such citation and, upon conviction, be punished as for a misdemeanor. A written warning to this effect shall be given at the time of arrest of such person.

History.--s. 1, ch. 65-229; ss. 25, 35, ch. 69-106; s. 246, ch. 94-356; s. 1003, ch. 95-148.

372.7015  Illegal killing, taking, possessing, or selling wildlife or game; fines; disposition of fines.--In addition to any other penalty provided by law, any person who violates the criminal provisions of this chapter and rules adopted pursuant to this chapter by illegally killing, taking, possessing, or selling game or fur-bearing animals as defined in s. 372.001(3) or (4) in or out of season while violating chapter 810 shall pay a fine of $250 for each such violation, plus court costs and any restitution ordered by the court. All fines collected under this section shall be deposited into the Game and Fresh Water Fish Commission's State Game Trust Fund.

History.--s. 1, ch. 97-201.

372.7016  Voluntary Authorized Hunter Identification Program.--

(1)  There is created the "Voluntary Authorized Hunter Identification Program" to assist landowners and law enforcement officials in better controlling trespass and illegal or unauthorized hunting. Landowners wishing to participate in the program shall:

(a)  Annually notify the sheriff's office in the county in which the land is situated and the respective area supervisor of the Game and Fresh Water Fish Commission by letter of their desire to participate in the program, and provide a description of their property which they wish to have in the program by township, range, section, partial section, or other geographical description.

(b)  Provide a means of identifying authorized hunters as provided in subsection (2).

(2)  Any person hunting on private land enrolled in the Voluntary Authorized Hunter Identification Program shall have readily available on the land at all times when hunting on the property written authorization from the owner or his or her authorized representative to be on the land for the purpose of hunting. The written authorization shall be presented on demand to any law enforcement officer, the owner, or the authorized agent of the owner.

(a)  For purposes of this section, the term "hunting" means to be engaged in or reasonably equipped to engage in the pursuit or taking by any means of any animal described in s. 372.001(3) or (4), and the term "written authorization" means a card, letter, or other written instrument which shall include, but need not be limited to, the name of the person or entity owning the property, the name and signature of the person granting the authorization, a description by township, range, section, partial section, or other geographical description of the land to which the authorization applies, and a statement of the time period during which the authorization is valid.

(b)  Failure by any person hunting on private land enrolled in the program to present written authorization to hunt on said land to any law enforcement officer or the owner or representative thereof within 7 days of demand shall be prima facie evidence of violation of s. 810.09(2)(c), punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, such evidence may be contradicted or rebutted by other evidence.

History.--s. 2, ch. 97-201.

372.705  Harassment of hunters, trappers, or fishers.--

(1)  A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:

(a)  Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.

(b)  Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.

(2)  Any person who violates subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 2, ch. 90-170.

372.711  Noncriminal infractions.--

(1)  Any person cited for committing a noncriminal infraction specified in s. 372.83 shall be cited to appear before the county court. The civil penalty for any noncriminal infraction involving the license and permit requirements of s. 372.57 is $50, in addition to the cost of the amount of the license or permit involved in the infraction, except as otherwise provided in this section. The civil penalty for any other noncriminal infraction is $50, except as otherwise provided in this section.

(2)  Any person cited for an infraction under this section may:

(a)  Post a bond, which shall be equal in amount to the applicable civil penalty; or

(b)  Sign and accept a citation indicating a promise to appear before the county court.

The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(3)  Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree.

(4)  Any person charged with a noncriminal infraction under this section may:

(a)  Pay the civil penalty, either by mail or in person, within 30 days after the date of receiving the citation; or

(b)  If the person has posted bond, forfeit bond by not appearing at the designated time and location.

If the person cited follows either of these procedures, she or he shall be deemed to have admitted the infraction and to have waived her or his right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings.

(5)  Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (1). The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $500.

(6)  At a hearing under this chapter, the commission of a charged infraction must be proved beyond a reasonable doubt.

(7)  If a person is found by the hearing official to have committed an infraction, she or he may appeal that finding to the circuit court.

History.--s. 2, ch. 89-59; s. 2, ch. 91-134; s. 583, ch. 95-148; s. 22, ch. 96-300.

372.72  Disposition of fines, penalties, and forfeitures.--

(1)  All moneys collected from fines, penalties, or forfeitures of bail of persons convicted under this chapter shall be deposited in the fine and forfeiture fund of the county where such convictions are had, except for the disposition of moneys as provided in subsection (2).

(2)  All moneys collected from fines, penalties, or forfeitures of bail of persons convicted of violations of rules, regulations, or orders of the Game and Fresh Water Fish Commission concerning endangered or threatened species or of violation of s. 372.662, s. 372.663, s. 372.667, or s. 372.671 shall be deposited in the Nongame Wildlife Trust Fund.

History.--s. 12, ch. 13644, 1929; CGL 1936 Supp. 1977(12); s. 2, ch. 61-119; s. 1, ch. 70-370; s. 3, ch. 79-217; s. 2, ch. 81-191; s. 19, ch. 94-265.

372.73  Confiscation and disposition of illegally taken game.--All game and freshwater fish seized under the authority of this chapter shall, upon conviction of the offender or sooner if the court so orders, be forfeited and given to some hospital or charitable institution and receipt therefor sent to the Game and Fresh Water Fish Commission. All furs or hides or fur-bearing animals seized under the authority of this chapter shall, upon conviction of the offender, be forfeited and sent to the commission, which shall sell the same and deposit the proceeds of such sale to the credit of the State Game Trust Fund or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107, as applicable. If any such hides or furs are seized and the offender is unknown, the court shall order such hides or furs sent to the Game and Fresh Water Fish Commission, which shall sell such hides and furs and deposit the proceeds of such sale to the credit of the State Game Trust Fund or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107, as applicable.

History.--s. 66, ch. 13644, 1929; CGL 1936 Supp. 1977(66); s. 2, ch. 61-119; s. 225, ch. 81-259; s. 2, ch. 98-391.

372.74  Cooperative agreements with U. S. Forest Service; penalty.--The Game and Fresh Water Fish Commission is authorized and empowered:

(1)  To enter into cooperative agreements with the United States Forest Service for the development of game, bird, fish, reptile or fur-bearing animal management and demonstration projects on and in the Osceola National Forest in Columbia and Baker Counties, and in the Ocala National Forest in Marion, Lake, and Putnam Counties and in the Apalachicola National Forest in Liberty County. Provided, however, that no such cooperative agreements shall become effective in any county concerned until confirmed by the board of county commissioners of such county expressed through appropriate resolution.

(2)  In cooperation with the United States Forest Service, to make, adopt, promulgate, amend and repeal rules and regulations, consistent with law, for the further or better control of hunting, fishing, and control of wildlife in the above National Forests or parts thereof; to shorten seasons and reduce bag limits, or shorten or close seasons on any species of game, bird, fish, reptile, or fur-bearing animal within the limits prescribed by the Florida law, in the above enumerated National Forests or parts thereof, when it shall find after investigation that such action is necessary to assure the maintenance of an adequate supply of wildlife.

(3)  To fix a charge not to exceed $5, for persons 18 years of age and over, and not to exceed $2 for persons under the age of 18 years, over and above the license fee for hunting now required by law. This additional fee is to apply only on areas covered by above cooperative agreements. The proceeds from this additional license fee shall be used in the development, propagation of wildlife and protection of the areas covered by the cooperative agreements as the commission and the United States Forest Service may deem proper. Nothing in this section shall be construed as authorizing the commission to change any penalty prescribed by law or to change the amount of general license fees or the general authority conferred by licenses prescribed by law.

(4)  In addition to the requirements of chapter 120, notice of the making, adoption, and promulgation of the above rules and regulations shall be given by posting said notices, or copies of the rules and regulations, in the offices of the county judges and in the post offices within the area to be affected and within 10 miles thereof. In addition to the posting of said notices, as aforesaid, copies of said notices or of said rules and regulations shall also be published in newspapers published at the county seats of Baker, Columbia, Marion, Lake, Putnam, and Liberty Counties, or so many thereof as have newspapers, once not more than 35 nor less than 28 days and once not more than 21 nor less than 14 days prior to the opening of the state hunting season in said areas. Any person violating any rules or regulations promulgated by the commission to cover these areas under cooperative agreements between the State Commission of Game and Fresh Water Fish and the United States Forest Service, none of which shall be in conflict with the laws of Florida, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1-4, 7, 8, ch. 17939, 1937; CGL 1940 Supp. 1977(117), 8135(9-a); s. 1, ch. 23090, 1945; s. 315, ch. 71-136; s. 16, ch. 78-95.

372.75  Use of explosives and other substances prohibited.--No person may throw or place, or cause to be thrown or placed, any dynamite, lyddite, gunpowder, cannon cracker, acids, filtration discharge, debris from mines, Indian berries, sawdust, green walnuts, walnut leaves, creosote, oil, or other explosives or deleterious substance or force into the fresh waters of this state whereby fish therein are or may be injured. Nothing in this section may be construed as preventing the release of water slightly discolored by mining operations or water escaping from such operations as the result of providential causes.

History.--s. 29, ch. 13644, 1929; CGL 1936 Supp. 1977(29).

372.76  Search and seizure authorized and limited.--The Game and Fresh Water Fish Commission and its conservation officers shall have authority when they have reasonable and probable cause to believe that the provisions of this chapter have been violated, to board any vessel, boat, or vehicle or to enter any fishhouse or warehouse or other building, exclusive of residence, in which game, hides, fur-bearing animals, fish, or fish nets are kept and to search for and seize any such game, hides, fur-bearing animals, fish, or fish nets had or held therein in violation of law. Provided, however, that no search without warrant shall be made under any of the provisions of this chapter, unless the officer making such search has such information from a reliable source as would lead a prudent and cautious person to believe that some provision of this chapter is being violated.

History.--s. 30, ch. 13644, 1929; CGL 1936 Supp. 1977(30); s. 584, ch. 95-148.

372.761  Issuance of warrant for search of private dwelling.--

(1)  A search warrant may be issued on application by a commissioned officer of the Game and Fresh Water Fish Commission to search any private dwelling occupied as such when it is being used for the unlawful sale or purchase of wildlife or freshwater fish being unlawfully kept therein. The term "private dwelling" shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodginghouse. No warrant for the search of any private dwelling shall be issued except upon probable cause supported by sworn affidavit of some creditable witness that she or he has reason to believe that the said conditions exist, which affidavit shall set forth the facts on which such reason for belief is based.

(2)  This section shall not be construed as being in conflict with, but is supplemental to, chapter 933.

History.--s. 1, ch. 70-383; s. 585, ch. 95-148.

372.77  Assent to provisions of Act of Congress of September 2, 1937.--

(1)  The state hereby assents to the provisions of the Act of Congress entitled "An Act to provide that the United States shall aid the States in Wildlife Restoration Projects, and for other purposes," approved September 2, 1937 (Pub. L. No. 415, 75th Congress), and the Game and Fresh Water Fish Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said Act of Congress, in compliance with said act and rules and regulations promulgated by the Secretary of Agriculture thereunder.

(2)  From and after the passage of this section it shall be unlawful to divert any funds accruing to the state from license fees paid by hunters for any purpose other than the administration of the Game and Fresh Water Fish Commission of the state.

History.--ss. 1, 2, ch. 20223, 1941.

372.7701  Assent to federal acts.--

(1)  The state hereby assents to the provisions of the Federal Aid in Fish Restoration Act of August 9, 1950, as amended. The Department of Environmental Protection and the Game and Fresh Water Fish Commission shall work cooperatively and perform such activities as are necessary to conduct wildlife and sportfish restoration projects, as defined in such Act of Congress and in compliance with the act and rules adopted thereunder by the United States Department of the Interior. Furthermore, the Department of Environmental Protection shall develop and implement programs to manage, protect, restore and conserve marine mammals and the marine fishery, and the Game and Fresh Water Fish Commission shall develop and implement similar programs for wild animal life and freshwater aquatic life.

(2)  Revenues from fees paid by hunters and sport fishers may not be diverted to purposes other than the administration of fish and wildlife programs by the Department of Environmental Protection and the Game and Fresh Water Fish Commission. Administration of the state fish and wildlife programs includes only those functions of fish and wildlife management as are the responsibility of and under the authority of the Department of Environmental Protection and the Game and Fresh Water Fish Commission.

(3)  This section shall be construed in harmony with s. 372.77.

History.--s. 8, ch. 90-243; s. 247, ch. 94-356; s. 1004, ch. 95-148.

372.771  Federal conservation of fish and wildlife; limited jurisdiction.--

(1)  Consent of the State of Florida is hereby given, to the United States for acquisition of lands, waters, or lands and waters or interests therein, for the purpose of managing, protecting and propagating fish and wildlife and for other conservation uses in the state, providing prior notice has been given by the Federal Government to the Board of Trustees of the Internal Improvement Trust Fund, the board of county commissioners of the county where the lands proposed for purchase are located, of such proposed action stating the specific use to be made of and the specific location and description of such lands desired by the Federal Government for any such conservation use, and that such plans for acquisition and use of said lands be approved by the Board of Trustees of the Internal Improvement Trust Fund, the board of county commissioners of the county where the lands proposed for purchase are located; provided further that nothing herein contained shall be construed to give the consent of the State of Florida to the acquisition by the United States of lands, waters, or lands and waters, or interests therein, through exercise of the power of eminent domain; provided further that the provisions of this act shall not apply to lands owned by the several counties or by public corporations.

(2)  The United States may exercise concurrent jurisdiction over lands so acquired and carry out the intent and purpose of the authority except that the existing laws of Florida relating to the Department of Environmental Protection or the Game and Fresh Water Fish Commission shall prevail relating to any area under their supervision.

History.--ss. 1, 2, ch. 61-242; s. 2, ch. 61-119; ss. 25, 27, 35, ch. 69-106; s. 248, ch. 94-356.

372.83  Noncriminal infractions; criminal penalties; suspension and revocation of licenses and permits.--

(1)  A person is guilty of a noncriminal infraction, punishable as provided in s. 372.711, if she or he violates any of the following provisions:

(a)  Rules, regulations, or orders relating to the filing of reports or other documents required of persons who are licensed or who hold permits issued by the commission.

(b)  Rules, regulations, or orders relating to fish management areas.

(c)  Rules, regulations, or orders relating to quota hunt permits, daily use permits, hunting zone assignments, camping restrictions, the use of alcoholic beverages, vehicle use, and check station requirements within wildlife management areas or other areas managed by the commission.

(d)  Rules, regulations, or orders requiring permits free of charge to possess captive wildlife for personal use.

(e)  Rules, regulations, or orders establishing size or slot limits for freshwater game fish.

(f)  Rules, regulations, or orders regulating vessel size or specifying motor restrictions on specified water bodies.

(g)  Rules, regulations, or orders relating to the registration of off-road vehicles and airboats operated on state lands.

(h)  Section 372.57, relating to hunting, fishing, and trapping licenses.

(i)  Section 372.988, relating to required clothing for persons hunting deer.

A person who fails to pay the civil penalty specified in s. 372.711 within 30 days after being cited for a noncriminal infraction or to appear before the court pursuant to that section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  A person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if she or he violates any of the following rules, regulations, or orders of the commission:

(a)  Rules, regulations, or orders that specify season or time periods for the taking of freshwater fish or wildlife.

(b)  Rules, regulations, or orders that specify bag limits or restrict methods of taking freshwater fish or wildlife.

(c)  Rules, regulations, or orders that relate to the sale, possession for sale, purchase, transfer, transportation, or importation of freshwater fish or wildlife.

(d)  Rules, regulations, or orders that prohibit public access for specified periods to wildlife management areas or other areas managed by the commission.

(e)  Rules, regulations, or orders that require a person to pay a fee to obtain a permit to possess captive wildlife or that require the maintenance of records relating to captive wildlife.

(f)  All other rules, regulations, and orders of the commission, except those specified in subsection (1).

(3)  Unless otherwise provided in this chapter, a person who violates any provision of this chapter is guilty, for the first offense, of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and is guilty, for the second offense or any subsequent offense, of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  The court may order the suspension or revocation of any license or permit issued to a person pursuant to this chapter, if that person commits a criminal offense specified in this chapter or a noncriminal infraction specified in this section.

History.--s. 6, ch. 21945, 1943; s. 1, ch. 23750, 1947; s. 11, ch. 25035, 1949; s. 9, ch. 26766, 1951; s. 7, ch. 69-216; s. 316, ch. 71-136; s. 3, ch. 91-134; s. 586, ch. 95-148.

372.84  Forfeiture or denial of licenses and permits.--Any person convicted as aforesaid shall forfeit to the state any license or permit that may have been issued to her or him under the provisions of this law, or other law of this state relating to game shall forthwith surrender the same to the court. If such violation occurs in the open season, relating to game, no license or permit shall be issued under the provisions of this law to such person at any time during the remainder of such open season, or if such violation occurs during the closed season no license shall be issued to such person for the open season on game next following.

History.--s. 7, ch. 21945, 1943; s. 587, ch. 95-148.

372.85  Contaminating fresh waters.--

(1)  It shall be unlawful for any person or persons, firm or corporation to cause any dyestuff, coal tar, oil, sawdust, poison or deleterious substances to be thrown, run or drained into any of the fresh running waters of this state in quantities sufficient to injure, stupefy, or kill fish which may inhabit the same at or below the point where any such substances are discharged, or caused to flow or be thrown into such waters; provided, that it shall not be a violation of this section for any person, firm or corporation engaged in any mining industry to cause any water handled or used in any branch of such industry to be discharged on the surface of land where such industry or branch thereof is being carried on under such precautionary measures as shall be approved by the Game and Fresh Water Fish Commission.

(2)  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 for the first offense, and for the second or subsequent offense shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, ch. 22009, 1943; s. 317, ch. 71-136.

372.86  Possessing, exhibiting poisonous or venomous reptile; license required.--No person, firm, or corporation shall keep, possess or exhibit any poisonous or venomous reptile without first having obtained a special permit or license therefor from the Florida Game and Fresh Water Fish Commission as herein provided.

History.--s. 1, ch. 28263, 1953.

372.87  License fee; renewal, revocation.--The Florida Game and Fresh Water Fish Commission is hereby authorized and empowered to issue a license or permit for the keeping, possessing or exhibiting of poisonous or venomous reptiles, upon payment of an annual fee of $5 and upon assurance that all of the provisions of ss. 372.86-372.91 and such other reasonable rules and regulations as said commission may prescribe will be fully complied with in all respects. Such permit may be revoked by the Florida Game and Fresh Water Fish Commission upon violation of any of the provisions of ss. 372.86-372.91 or upon violation of any of the rules and regulations prescribed by said commission relating to the keeping, possessing and exhibiting of any poisonous and venomous reptiles. Such permits or licenses shall be for an annual period to be prescribed by the said commission and shall be renewable from year to year upon the payment of said $5 fee and shall be subject to the same conditions, limitations and restrictions as herein set forth.

History.--s. 2, ch. 28263, 1953.

372.88  Bond required, amount.--No person, party, firm, or corporation shall exhibit to the public either with or without charge, or admission fee any poisonous or venomous reptile without having first posted a good and sufficient bond in writing in the penal sum of $1,000 payable to the Governor of the state, and the Governor's successors in office, conditioned that such exhibitor will indemnify and save harmless all persons from injury or damage from such poisonous or venomous reptiles so exhibited and shall fully comply with all laws of the state and all rules and regulations of the Florida Game and Fresh Water Fish Commission governing the keeping, possessing, or exhibiting of poisonous or venomous reptiles; provided, however, that the aggregate liability of the surety for all such injuries or damages shall, in no event, exceed the penal sum of said bond. The surety for said bond must be a surety company authorized to do business under the laws of the state or in lieu of such a surety, cash in the sum of $1,000 may be posted with the said commission to ensure compliance with the conditions of said bond.

History.--s. 3, ch. 28263, 1953; s. 588, ch. 95-148.

372.89  Safe housing required.--All persons, firms, or corporations licensed under this law to keep, possess or exhibit poisonous or venomous reptiles shall provide safe, secure and proper housing for said reptiles in cases, cages, pits or enclosures. It shall be unlawful for any person, firm or corporation, whether licensed hereunder or not, to keep, possess or exhibit any poisonous or venomous reptiles in any manner not approved as safe, secure and proper by the Florida Game and Fresh Water Fish Commission.

History.--s. 4, ch. 28263, 1953; s. 1, ch. 57-415.

372.90  Transportation.--Poisonous or venomous reptiles may be transported only in the following fashion: The reptile, or reptiles shall be placed in a stout closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which holes shall be screened. Boxes containing poisonous or venomous snakes or other reptiles shall be prominently labeled "Danger--Poisonous Snakes" or "Danger--Poisonous Reptiles."

History.--s. 5, ch. 28263, 1953; s. 1, ch. 57-415.

372.901  Inspection.--Poisonous or venomous reptiles, held in captivity, shall be subject to inspection by an inspecting officer from the Florida Game and Fresh Water Fish Commission. The inspecting officer shall determine whether the said reptiles are securely, properly and safely penned. In the event that the reptiles are not safely penned, the inspecting officer shall report the situation in writing to the person or firm owning the said reptiles. Failure of the owner or exhibitor to correct the situation within 30 days after such written notice shall be grounds for revocation of the license or permit of said owner or exhibitor.

History.--s. 2, ch. 57-415.

372.91  Who may open cages, pits, or other containers housing poisonous or venomous reptiles.--No person except the licensee or her or his authorized employee shall open any cage, pit, or other container which contains poisonous or venomous reptiles.

History.--s. 7, ch. 28263, 1953; s. 589, ch. 95-148.

372.911  Rewards.--The Game and Fresh Water Fish Commission is authorized to offer rewards in amounts of up to $500 to any person furnishing information leading to the arrest and conviction of any person who has inflicted or attempted to inflict bodily injury upon any wildlife officer engaged in the enforcement of the provisions of this chapter or the rules and regulations of the Game and Fresh Water Fish Commission.

History.--s. 2, ch. 57-415; s. 1, ch. 59-352; s. 318, ch. 71-136; s. 5, ch. 91-134.

372.912  Organized poisonous reptile hunts.--

(1)  All persons, firms, and corporations sponsoring and conducting any organized poisonous reptile hunt for whatever purpose shall comply with the provisions of ss. 372.86-372.91.

(2)  All persons participating in any organized poisonous reptile hunt in the state which is sponsored and conducted by a nonprofit organization registered with the Department of State under the provisions of chapter 617 shall be exempt from the licensing provisions contained in ss. 372.86, 372.87, and 372.88, only for the duration of said organized hunt.

(3)  All organized poisonous reptile hunts in the state shall be registered with the Game and Fresh Water Fish Commission and be subject to reasonable rules and regulations promulgated by said commission.

History.--s. 1, ch. 74-144.

372.92  Rules and regulations.--The Florida Game and Fresh Water Fish Commission may prescribe such other rules and regulations as it may deem necessary to prevent the escape of poisonous and venomous reptiles, either in connection of construction of such cages or otherwise to carry out the intent of ss. 372.86-372.91.

History.--s. 6, ch. 28263, 1953.

372.921  Exhibition of wildlife.--

(1)  In order to provide humane treatment and sanitary surroundings for wild animals kept in captivity, no person, firm, corporation, or association shall have, or be in possession of, in captivity for the purpose of public display with or without charge or for public sale any wildlife, specifically birds, mammals, and reptiles, whether indigenous to Florida or not, without having first secured a permit from the Game and Fresh Water Fish Commission authorizing such person, firm, or corporation to have in its possession in captivity the species and number of wildlife specified within such permit; however, this section does not apply to any wildlife not protected by law and the regulations of the Game and Fresh Water Fish Commission.

(2)  The fees to be paid for the issuance of permits required by subsection (1) shall be as follows:

(a)  For not more than 10 individual specimens in the aggregate of all species, the sum of $5 per annum.

(b)  For over 10 individual specimens in the aggregate of all species, the sum of $25 per annum.

The fees prescribed by this section shall be submitted to the Game and Fresh Water Fish Commission with the application for permit required by subsection (1) and shall be deposited in the State Game Fund.

(3)  An applicant for a permit shall be required to include in her or his application a statement showing the place, number, and species of wildlife to be held in captivity by the applicant and shall be required upon request by the Game and Fresh Water Fish Commission to show when, where, and in what manner she or he came into possession of any wildlife acquired subsequent to the effective date of this act. The source of acquisition of such wildlife shall not be divulged by the commission except in connection with a violation of this section or a regulation of the commission in which information as to source of wildlife is required as evidence in the prosecution of such violation.

(4)  Permits issued pursuant to this section and places where wildlife is kept or held in captivity shall be subject to inspection by officers of the Game and Fresh Water Fish Commission at all times. The commission shall have the power to release or confiscate any specimens of any wildlife, specifically birds, mammals, or reptiles, whether indigenous to the state or not, when it is found that conditions under which they are being confined are unsanitary, or unsafe to the public in any manner, or that the species of wildlife are being maltreated, mistreated, or neglected or kept in any manner contrary to the provisions of chapter 828, any such permit to the contrary notwithstanding. Before any such wildlife is confiscated or released under the authority of this section, the owner thereof shall have been advised in writing of the existence of such unsatisfactory conditions; the owner shall have been given 30 days in which to correct such conditions; the owner shall have failed to correct such conditions; the owner shall have had an opportunity for a proceeding pursuant to chapter 120; and the commission shall have ordered such confiscation or release after careful consideration of all evidence in the particular case in question. The final order of the commission shall constitute final agency action.

(5)  In instances where wildlife is seized or taken into custody by the commission, said owner or possessor of such wildlife shall be responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of wildlife. Such expenses shall be paid by said owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of chapter 828 or this chapter, or rule of the commission or if such violation is disposed of under s. 921.187. Failure to pay such expense may be grounds for revocation or denial of permits to such individual to possess wildlife.

(6)  Any animal on exhibit of a type capable of contracting or transmitting rabies shall be immunized against rabies.

(7)  The provisions of this section relative to licensing do not apply to any municipal, county, state, or other publicly owned wildlife exhibit. The provisions of this section do not apply to any traveling zoo, circus, or exhibit licensed as provided by chapter 205.

(8)  This section shall not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where such species are kept for display to the public.

(9)  A violation of this section is punishable as provided by s. 372.83.

History.--s. 1, ch. 67-290; ss. 19, 35, ch. 69-106; s. 16, ch. 78-95; s. 4, ch. 78-323; s. 84, ch. 79-164; s. 27, ch. 83-85; s. 32, ch. 83-218; s. 8, ch. 91-134; s. 2, ch. 93-223; s. 590, ch. 95-148; s. 5, ch. 98-333.

372.922  Personal possession of wildlife.--

(1)  It is unlawful for any person or persons to possess any wildlife as defined in this act, whether indigenous to Florida or not, until she or he has obtained a permit as provided by this section from the Game and Fresh Water Fish Commission.

(2)  The classifications of types of wildlife and fees to be paid for the issuance of permits shall be as follows:

(a)  Class I--Wildlife which, because of its nature, habits, or status, shall not be possessed as a personal pet.

(b)  Class II--Wildlife considered to present a real or potential threat to human safety, the sum of $100 per annum.

(3)  The commission shall promulgate regulations defining Class I and II types of wildlife. The commission shall also establish regulations and requirements necessary to ensure that permits are granted only to persons qualified to possess and care properly for wildlife and that permitted wildlife possessed as personal pets will be maintained in sanitary surroundings and appropriate neighborhoods.

(4)  In instances where wildlife is seized or taken into custody by the commission, said owner or possessor of such wildlife shall be responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of wildlife. Such expenses shall be paid by said owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of chapter 828 or this chapter, or rule of the commission or if such violation is disposed of under s. 921.187. Failure to pay such expense may be grounds for revocation or denial of permits to such individual to possess wildlife.

(5)  Any person, firm, corporation, or association exhibiting or selling wildlife and being duly permitted as provided by s. 372.921 shall be exempt from the requirement to obtain a permit under the provisions of this section.

(6)  This section shall not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where such species are kept for display to the public.

(7)  Persons in violation of this section shall be punishable as provided in s. 372.83.

History.--s. 1, ch. 74-309; s. 9, ch. 91-134; s. 3, ch. 93-223; s. 591, ch. 95-148; s. 6, ch. 98-333.

372.97  Jim Woodruff Dam; reciprocity agreements.--The Game and Fresh Water Fish Commission of the state is hereby authorized to enter into an agreement of the reciprocity with the game and fish commissioners or the appropriate officials or departments of the State of Georgia and the State of Alabama relative to the taking of game and freshwater fish from the waters of the lake created by the Jim Woodruff Dam by permitting reciprocal license privileges.

History.--s. 1, ch. 57-193.

372.971  St. Mary's River; reciprocity agreements.--The Game and Fresh Water Fish Commission of the state is hereby authorized to enter into an agreement of reciprocity with the game and fish commissioner or the appropriate officials or departments of the State of Georgia relative to the taking of game and freshwater fish from the waters of the St. Mary's River by permitting reciprocal agreement license privileges.

History.--s. 1, ch. 61-523.

372.98  Possession of nutria; license; inspection; penalty for violation.--

(1)  No person shall release, permit to be released, or be responsible for the release of, within the state, any animal of the species myocastor coypu and known commonly in Florida and referred to herein as nutria.

(2)  No person shall have in her or his possession for sale or otherwise any nutria until such person has obtained a license as provided herein. The fee for such license shall be $25 per year. Application for such license shall be made with the Game and Fresh Water Fish Commission on forms providing therefor.

(3)  All persons licensed under this law to keep, possess or exhibit nutria shall provide safe, secure and proper housing for said nutria which will adequately safeguard against the escape of any nutria. Requirements for the construction of such pens or housing shall be as prescribed by the Game and Fresh Water Fish Commission.

(4)  All premises upon which nutria are kept shall be subject to inspection by authorized representatives of the Game and Fresh Water Fish Commission. Such officers shall determine whether the said nutria are securely, properly and safely housed. In the event the said nutria are not securely, properly and safely housed, the inspecting officer shall so advise in writing the person owning said nutria. Failure of the owner to provide within 30 days after such written notice secure, proper, and safe housing as prescribed by the Game and Fresh Water Fish Commission shall be grounds for revocation of the license herein provided and confiscation and disposal of the said nutria as a public nuisance.

(5)  Any person violating any provision of this section or any rule and regulation of the Game and Fresh Water Fish Commission pursuant hereto shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, 3, 4, 5, ch. 59-398; s. 319, ch. 71-136; s. 592, ch. 95-148.

372.981  Regulation of importation of caiman.--The Game and Fresh Water Fish Commission shall promulgate regulations to control the importation of caiman.

History.--s. 2, ch. 71-299.

372.988  Required clothing for persons hunting deer.--It is unlawful for any person to hunt deer, or for any person to accompany another person hunting deer, during the open season for the taking of deer on public lands unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange material as an outer garment. Such clothing shall be worn above the waistline and may include a head covering. The provisions of this section shall not apply to any person hunting deer with a bow and arrow during seasons restricted to hunting with a bow and arrow.

History.--s. 1, ch. 86-136; s. 1, ch. 87-53.

372.99  Illegal taking and possession of deer and wild turkey; evidence; penalty.--

(1)  Whoever takes or kills any deer or wild turkey, or possesses a freshly killed deer or wild turkey, during the closed season prescribed by law or by the rules and regulations of the Game and Fresh Water Fish Commission, or whoever takes or attempts to take any deer or wild turkey by the use of gun and light in or out of closed season, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall forfeit any license or permit issued to her or him under the provisions of this chapter. No license shall be issued to such person for a period of 3 years following any such violation on the first offense. Any person guilty of a second or subsequent violation shall be permanently ineligible for issuance of a license or permit thereafter.

(2)  The display or use of a light in a place where deer might be found and in a manner capable of disclosing the presence of deer, together with the possession of firearms or other weapons customarily used for the taking of deer, between 1 hour after sunset and 1 hour before sunrise, shall be prima facie evidence of an intent to violate the provisions of subsection (1). This subsection does not apply to an owner or her or his employee when patrolling or inspecting the land of the owner, provided the employee has satisfactory proof of employment on her or his person.

(3)  Whoever takes or kills any doe deer; fawn or baby deer; or deer, whether male or female, which does not have one or more antlers at least 5 inches in length, except as provided by law or the rules of the Game and Fresh Water Fish Commission, during the open season prescribed by the rules of the commission, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and may be required to forfeit any license or permit issued to such person for a period of 3 years following any such violation on the first offense. Any person guilty of a second or subsequent violation shall be permanently ineligible for issuance of a license or permit thereafter.

(4)  Any person who cultivates agricultural crops may apply to the Game and Fresh Water Fish Commission for a permit to take or kill deer on land which that person is currently cultivating. When said person can show, to the satisfaction of the Game and Fresh Water Fish Commission, that such taking or killing of deer is justified because of damage to the person's crops caused by deer, the Game and Fresh Water Fish Commission may issue a limited permit to the applicant to take or kill deer without being in violation of subsection (1) or subsection (3).

(5)  Whoever possesses for sale or sells deer or wild turkey taken in violation of this chapter or the rules and regulations of the commission is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6)  Any person who enters upon private property and shines lights upon such property, without the express permission of the owner of the property and with the intent to take deer by utilizing such shining lights, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 65-340; s. 320, ch. 71-136; s. 1, ch. 77-1; ss. 1, 2, ch. 77-311; s. 2, ch. 78-173; s. 144, ch. 79-400; s. 48, ch. 88-381; s. 56, ch. 91-224; s. 593, ch. 95-148.

372.9901  Seizure of illegal devices; disposition; appraisal; forfeiture.--

(1)  Any vehicle, vessel, animal, gun, light, or other hunting device used in the commission of an offense prohibited by s. 372.99, shall be seized by the arresting officer, who shall promptly make return of the seizure and deliver the property to the Director of the Game and Fresh Water Fish Commission. The return shall describe the property seized and recite in detail the facts and circumstances under which it was seized, together with the reason that the property was subject to seizure. The return shall also contain the names of all persons known to the officer to be interested in the property.

(2)  The director of the commission, upon receipt of the property, shall promptly fix its value and make return thereof to the clerk of the circuit court of the county wherein the article was seized; after which on proper showing of ownership of the property by someone other than the person arrested the property shall be returned to the said owner.

(3)  Upon conviction of the violator, the property, if owned by the person convicted, shall be forfeited to the state under the procedure set forth in ss. 372.312 through 372.318, where not inconsistent with this section. All amounts received from the sale or other disposition of the property shall be paid into the State Game Trust Fund or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107, as applicable. If the property is not sold or converted, it shall be delivered to the director of the Game and Fresh Water Fish Commission.

History.--s. 1, ch. 65-340; s. 3, ch. 98-391.

Note.--Former s. 372.0100.

372.9902  Inapplicability of ss. 372.99 and 372.9901.--The provisions of ss. 372.99 and 372.9901 relating to seizure and forfeiture of vehicles, vessels and animals shall not apply when such vehicles, vessels or animals are owned by, or titled in the name of, innocent parties and provided further that such provisions shall not vitiate any valid lien, retain title contract or chattel mortgage on such vehicles, vessels or animals if such lien, retain title contract or chattel mortgage is properly of public record at the time of the seizure.

History.--s. 2, ch. 65-340; s. 104, ch. 73-333.

Note.--Former s. 372.0101.

372.9903  Illegal possession or transportation of freshwater game fish in commercial quantities; penalty.--

(1)  Whoever possesses, moves, or transports any black bass, bream, speckled perch, or other freshwater game fish in commercial quantities in violation of law or the rules of the Game and Fresh Water Fish Commission shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  For the purposes of this section "commercial quantities" shall be deemed to be a quantity of freshwater game fish of 150 or more pounds, and the possession, movement, or transportation of freshwater game fish in excess of such weight shall constitute prima facie evidence of possession or transportation for commercial purposes.

History.--s. 1, ch. 70-380; s. 321, ch. 71-136.

372.9904  Seizure of illegal devices; disposition; appraisal; forfeiture.--

(1)  Any vehicle, vessel, or other transportation device used in the commission of the offense prohibited by s. 372.9903, except a vehicle, vessel, or other transportation device duly registered as a common carrier and operated in lawful transaction of business as such carrier, shall be seized by the arresting officer, who shall promptly make return of the seizure and deliver the property to the director of the Game and Fresh Water Fish Commission. The return shall describe the property seized and recite in detail the facts and circumstances under which it was seized, together with the reason that the property was subject to seizure. The return shall also contain the names of all persons known to the officer to be interested in the property.

(2)  The commission, upon receipt of the property, shall promptly fix its value and make return thereof to the clerk of the circuit court of the county wherein the article was seized; after which, on proper showing of ownership of the property by someone other than the person arrested, the property shall be returned by the court to the said owner.

(3)  Upon conviction of the violator, the property, if owned by the person convicted, shall be forfeited to the state under the procedure set forth in ss. 372.312-372.318, when not inconsistent with this section. All amounts received from the sale or other disposition of the property shall be paid into the State Game Trust Fund or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107, as applicable. If the property is not sold or converted, it shall be delivered to the director of the Game and Fresh Water Fish Commission.

History.--s. 2, ch. 70-380; s. 4, ch. 98-391.

372.9905  Applicability of ss. 372.9903 and 372.9904.--The provisions of ss. 372.9903 and 372.9904 relating to seizure and forfeiture of vehicles, vessels, or other transportation devices shall not apply when such vehicles, vessels, or other transportation devices are owned by, or titled in the name of, innocent parties. The provisions of said sections shall not vitiate any valid lien, retain title contract, or chattel mortgage on such vehicles, vessels, or other transportation devices if such lien, retain title contract, or chattel mortgage is properly of public record at the time of the seizure.

History.--s. 3, ch. 70-380; s. 145, ch. 79-400.

372.9906  Wildlife Law Enforcement Program; creation; purposes.--There is established within the Game and Fresh Water Fish Commission the Wildlife Law Enforcement Program. The commission may establish and operate law enforcement programs that relate to the conservation, enhancement, and regulation of wildlife and freshwater aquatic resources of the state and to conduct programs to educate the public about the enforcement of laws and regulations relating to the wildlife and freshwater aquatic resources of the state. Moneys that accrue to the program by law and moneys donated to the program must be deposited into the State Game Trust Fund.

History.--s. 7, ch. 90-17; s. 20, ch. 94-265.

¹372.991  Nongame Wildlife Trust Fund.--

(1)  The Legislature recognizes the value of maintaining ecologically healthy and stable populations of a wide diversity of fish and wildlife species and recognizes the need for monitoring, research, management, and public awareness of all wildlife species in order to guarantee that self-sustaining populations be conserved. The Legislature further recognizes that research and management for game species traditionally have been supported by licenses and fees collected by the Game and Fresh Water Fish Commission for consumptive uses of wildlife and that no such support mechanism is available for species not commonly pursued for sport or profit. It is the intent of the Legislature that the funds provided herein be spent to identify and meet the needs of nongame wildlife as a first priority with the ultimate goal of establishing an integrated approach to the management and conservation of all native fish, wildlife, and plants.

(2)(a)  There is established within the Game and Fresh Water Fish Commission the Nongame Wildlife Trust Fund. The fund shall be credited with moneys collected pursuant to ss. 319.32(3) and 320.02(8). Additional funds may be provided from legislative appropriations and by donations from interested individuals and organizations. The commission shall designate an identifiable unit to administer the trust fund.

(b)  Proceeds from the trust fund shall be used for the following purposes:

1.  Documentation of population trends of nongame wildlife and assessment of wildlife habitat, in coordination with the database of Florida natural areas inventory.

2.  Establishment of effective conservation, management, and regulatory programs for nongame wildlife of the state.

3.  Public education programs.

(3)  The commission may enter into cooperative agreements or memoranda of understanding with related agencies to coordinate nongame programs.

History.--s. 1, ch. 83-173; s. 1, ch. 84-194.

¹Note.--Section 1, ch. 97-132, effective November 4, 2000, provides that "[t]he Nongame Wildlife Trust Fund within the Game and Fresh Water Fish Commission, which was created by section 372.991, Florida Statutes, and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on November 4, 2000, is re-created."

372.992  Nongame Wildlife Advisory Council.--

(1)  There is created the Nongame Wildlife Advisory Council, which shall consist of the following 11 members appointed by the Governor: one representative each from the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and the United States Fish and Wildlife Services; the director of the Florida Museum of Natural History or her or his designee; one representative from a professional wildlife organization; one representative from a private wildlife institution; one representative from a Florida university or college who has expertise in nongame biology; one representative of business interests from a private consulting firm who has expertise in nongame biology; one representative of a statewide organization of landowner interests; and two members from conservation organizations. All appointments shall be for 4-year terms. Members shall be eligible for reappointment.

(2)  The council shall recommend to the commission policies, objectives, and specific actions for nongame wildlife research and management.

(3)  Members of the council shall receive no compensation but shall be entitled to receive per diem and travel expenses as provided in s. 112.061, while carrying out official business with the council, from funds provided under s. 372.991.

History.--ss. 1, 5, ch. 83-173; s. 48, ch. 91-221; ss. 1, 2, ch. 93-64; s. 249, ch. 94-356; s. 1005, ch. 95-148.

¹372.993  Land-based commercial and recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity.--

(1)  LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature finds that commercial and recreational fishing constitute activities of statewide importance and that the continuation of commercial and recreational fishing will benefit the health and welfare of the people of this state. The Legislature further finds that commercial and recreational fishing operations conducted in developing and urbanizing areas are potentially subject to curtailment as a result of local government zoning and nuisance ordinances which may unreasonably force the closure of productive commercial and recreational fishing operations. It is the purpose of this act to prevent the curtailment or abolishment of commercial and recreational fishing operations solely because the area in which they are located has changed in character or the operations are displeasing to neighboring residents.

(2)  DEFINITIONS.--As used in this act, "commercial fishing operation" means any type of activity conducted on land, requiring the location or storage of commercial fishing equipment such as fishing vessels, fishing gear, docks, piers, loading areas, landing areas, and cold storage facilities, including any activity necessary to prepare finfish or shellfish for refrigeration. This definition does not include operations with the sole or primary function of processing seafood.

(3)  LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL FISHING OPERATIONS.--No commercial or recreational fishing operation shall be declared a public or private nuisance solely because of a change in ownership or a change in the character of the property in or around the locality of the operation.

(4)  LOCAL ORDINANCE.--No local governing authority shall adopt any ordinance that declares any commercial or recreational fishing operation to be a nuisance solely because it is a commercial or recreational fishing operation, or any zoning ordinance that unreasonably forces the closure of any commercial or recreational fishing operation. Nothing in this act shall prevent a local government from regulating commercial and recreational fishing operations, including by requiring the use of methods, structures, or appliances where such use will prevent, ameliorate, or remove conditions which create or may create a nuisance or, pursuant to the applicable local zoning code, by declaring a commercial or recreational fishing operation to be a nonconforming use.

(5)  WHEN EXPANSION OF OPERATION NOT PERMITTED.--This act shall not be construed to permit an existing commercial or recreational fishing operation to change to a larger operation with regard to emitting more noise or odor, where such change violates local ordinances or regulations or creates a nuisance.

History.--s. 3, ch. 89-273.

¹Note.--Also published at s. 370.1103.

372.995  Release of balloons.--

(1)  The Legislature finds that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals.

(2)  It is unlawful for any person, firm, or corporation to intentionally release, organize the release, or intentionally cause to be released within a 24-hour period 10 or more balloons inflated with a gas that is lighter than air except for:

(a)  Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;

(b)  Hot air balloons that are recovered after launching;

(c)  Balloons released indoors; or

(d)  Balloons that are either biodegradable or photodegradable, as determined by rule of the Marine Fisheries Commission, and which are closed by a hand-tied knot in the stem of the balloon without string, ribbon, or other attachments. In the event that any balloons are released pursuant to the exemption established in this paragraph, the party responsible for the release shall make available to any law enforcement officer evidence of the biodegradability or photodegradability of said balloons in the form of a certificate executed by the manufacturer. Failure to provide said evidence shall be prima facie evidence of a violation of this act.

(3)  Any person who violates subsection (2) is guilty of a noncriminal infraction, punishable by a fine of $250.

(4)  Any person may petition the circuit court to enjoin the release of 10 or more balloons if that person is a citizen of the county in which the balloons are to be released.

History.--s. 1, ch. 89-113.