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The Florida Senate

2005 Florida Statutes

SECTION 83
Noncriminal infractions; criminal penalties; suspension and revocation of licenses and permits.
Section 372.83, Florida Statutes 2005

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)  It is unlawful for any person to make, forge, counterfeit, or reproduce a freshwater fishing, hunting, or saltwater fishing license unless authorized by the commission. It is unlawful for any person to knowingly have in his or her possession a forgery, counterfeit, or imitation of such a license unless possession by the person has been fully authorized by the commission. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(4)  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

(5)  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; s. 40, ch. 2000-362; s. 32, ch. 2002-46.