CODING: Words stricken are deletions; words underlined are additions.House Bill 1239
Florida House of Representatives - 1997 HB 1239
By Representative Mackey
1 A bill to be entitled
2 An act relating to game and freshwater fishing;
3 amending s. 212.04, F.S.; exempting entry fees
4 for participation in freshwater fishing
5 tournaments from the admissions tax; amending
6 s. 372.0222, F.S.; directing the commission to
7 provide services and information to inform
8 Floridians and visitors about the state's
9 unique and diverse fish, game, and wildlife;
10 authorizing the commission to make expenditures
11 to accomplish such goals; authorizing the
12 commission to make certain rules; amending s.
13 372.16, F.S.; increasing a fee for private game
14 preserve or farm licenses; amending s. 372.561,
15 F.S.; increasing a fee with respect to each
16 license or management area permit sold;
17 increasing the amount retained by the tax
18 collector; amending s. 372.57, F.S.; including
19 reference to reptiles and amphibians in a list
20 for which a license is required for the taking
21 thereof; increasing the fee for a resident
22 fishing or hunting license; providing a license
23 for the taking of reptiles or amphibians;
24 providing a fee for certain management area
25 permits; providing for an automatic adjustment
26 to licenses, permits, or stamps; providing a
27 definition; amending s. 372.574, F.S.;
28 providing for the sale of licenses
29 electronically by credit card; increasing a
30 fee; creating s. 372.579, F.S.; providing for a
31 processing fee for certain no-cost licenses and
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1 permits; amending s. 372.661, F.S.; increasing
2 the license fee for operating a private hunting
3 preserve; amending s. 372.87, F.S.; increasing
4 the fee for keeping, possessing, or exhibiting
5 poisonous or venomous reptiles; amending s.
6 372.921, F.S.; increasing fees; providing for
7 the payment of certain expenses by the owner or
8 possessor of wildlife where certain wildlife is
9 seized or taken into custody by the commission;
10 providing a penalty; amending s. 372.922, F.S.;
11 providing a fee; providing for the payment of
12 certain expenses by the owner or possessor of
13 wildlife which is seized or taken into custody
14 by the commission; amending s. 375.315, F.S.;
15 increasing the annual registration fee for
16 off-road vehicles; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (2) of section
21 212.04, Florida Statutes, 1996 Supplement, is amended to read:
22 212.04 Admissions tax; rate, procedure, enforcement.--
23 (2)(a)1. No tax shall be levied on admissions to
24 athletic or other events sponsored by elementary schools,
25 junior high schools, middle schools, high schools, community
26 colleges, public or private colleges and universities, deaf
27 and blind schools, facilities of the youth services programs
28 of the Department of Health and Rehabilitative Services, and
29 state correctional institutions when only student, faculty, or
30 inmate talent is used. However, this exemption shall not apply
31 to admission to athletic events sponsored by an institution
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1 within the State University System, and the proceeds of the
2 tax collected on such admissions shall be retained and used by
3 each institution to support women's athletics as provided in
4 s. 240.533(3)(c).
5 2.a. No tax shall be levied on dues, membership fees,
6 and admission charges imposed by not-for-profit sponsoring
7 organizations. To receive this exemption, the sponsoring
8 organization must qualify as a not-for-profit entity under the
9 provisions of s. 501(c)(3) of the United States Internal
10 Revenue Code of 1954, as amended.
11 b. No tax imposed by this section and not actually
12 collected before August 1, 1992, shall be due from any museum
13 or historic building owned by any political subdivision of the
14 state.
15 3. No tax shall be levied on an admission paid by a
16 student, or on the student's behalf, to any required place of
17 sport or recreation if the student's participation in the
18 sport or recreational activity is required as a part of a
19 program or activity sponsored by, and under the jurisdiction
20 of, the student's educational institution, provided his or her
21 attendance is as a participant and not as a spectator.
22 4. No tax shall be levied on admissions to the
23 National Football League championship game.
24 5. A participation fee or sponsorship fee imposed by a
25 governmental entity as described in s. 212.08(6) for an
26 athletic or recreational program is exempt when the
27 governmental entity by itself, or in conjunction with an
28 organization exempt under s. 501(c)(3) of the United States
29 Internal Revenue Code of 1954, as amended, sponsors,
30 administers, plans, supervises, directs, and controls the
31 athletic or recreational program.
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1 6. Also exempt from the tax imposed by this section to
2 the extent provided in this subparagraph are admissions to
3 live theater, live opera, or live ballet productions in this
4 state which are sponsored by an organization that has received
5 a determination from the Internal Revenue Service that the
6 organization is exempt from federal income tax under s.
7 501(c)(3) of the United States Internal Revenue Code of 1954,
8 as amended, if the organization actively participates in
9 planning and conducting the event, is responsible for the
10 safety and success of the event, is organized for the purpose
11 of sponsoring live theater, live opera, or live ballet
12 productions in this state, has more than 10,000 subscribing
13 members and has among the stated purposes in its charter the
14 promotion of arts education in the communities which it
15 serves, and will receive at least 20 percent of the net
16 profits, if any, of the events which the organization sponsors
17 and will bear the risk of at least 20 percent of the losses,
18 if any, from the events which it sponsors if the organization
19 employs other persons as agents to provide services in
20 connection with a sponsored event. Prior to March 1 of each
21 year, such organization may apply to the department for a
22 certificate of exemption for admissions to such events
23 sponsored in this state by the organization during the
24 immediately following state fiscal year. The application shall
25 state the total dollar amount of admissions receipts collected
26 by the organization or its agents from such events in this
27 state sponsored by the organization or its agents in the year
28 immediately preceding the year in which the organization
29 applies for the exemption. Such organization shall receive the
30 exemption only to the extent of $1.5 million multiplied by the
31 ratio that such receipts bear to the total of such receipts of
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1 all organizations applying for the exemption in such year;
2 however, in no event shall such exemption granted to any
3 organization exceed 6 percent of such admissions receipts
4 collected by the organization or its agents in the year
5 immediately preceding the year in which the organization
6 applies for the exemption. Each organization receiving the
7 exemption shall report each month to the department the total
8 admissions receipts collected from such events sponsored by
9 the organization during the preceding month and shall remit to
10 the department an amount equal to 6 percent of such receipts
11 reduced by any amount remaining under the exemption. Tickets
12 for such events sold by such organizations shall not reflect
13 the tax otherwise imposed under this section.
14 7. Also exempt from the tax imposed by this section
15 are entry fees for participation in freshwater fishing
16 tournaments.
17 Section 2. Subsections (5) and (6) are added to
18 section 372.0222, Florida Statutes, 1996 Supplement, to read:
19 372.0222 Private publication agreements; advertising;
20 costs of production.--
21 (5) The commission shall provide services and
22 information designed to inform Floridians and visitors about
23 Florida's unique and diverse fish, game, and wildlife, and
24 make available such information by means of commonly used
25 media. For the accomplishment of such purpose, the commission
26 shall have the power and authority to make expenditures to:
27 (a) Encourage and cooperate with public and private
28 organizations or groups to publicize to residents and visitors
29 the diversity of fish, game and wildlife, and related
30 recreation opportunities of the state, including the
31 establishment of and expenditure for a program of cooperative
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1 advertising or sponsorships, or partnerships with such public
2 and private organizations and groups in accordance with rules
3 promulgated by the commission pursuant to chapter 120.
4 (b) Charge and collect a reasonable fee for
5 researching or compiling information or other services which,
6 in its judgment, should not be furnished for free to those
7 requesting the information, research, handling, material,
8 publication, or other services. Any amounts of money received
9 by the commission from such sources shall be restored to the
10 appropriations of the commission and any unexpended funds
11 shall be deposited into the State Game Trust Fund and made
12 available to the commission for use in performing its duties,
13 powers, and purposes.
14 (c) Charge and collect registration fees at
15 conferences, seminars, and other meetings conducted in
16 furtherance of the duties, powers, and purposes of the
17 commission. Any funds collected pursuant to this paragraph
18 which remain unexpended after the expenses of the conference,
19 seminar, or meeting have been paid shall be deposited into the
20 State Game Trust Fund and made available to the commission for
21 use in performing its duties, powers, and purposes.
22 (6) Notwithstanding the provisions of part I of
23 chapter 287, the commission may promulgate rules for the
24 purpose of entering into contracts which are primarily for
25 promotional and advertising services and promotional events
26 which may include the authority to negotiate costs with
27 offerors of such services and commodities who have been
28 determined to be qualified on the basis of technical merit,
29 creative ability, and professional competency.
30 Section 3. Subsection (4) of section 372.16, Florida
31 Statutes, is amended to read:
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1 372.16 Private game preserves and farms; penalty.--
2 (4) Any person violating the provisions of this
3 section shall for the first offense be guilty of a misdemeanor
4 of the second degree, punishable as provided in s. 775.082 or
5 s. 775.083, and for a second or subsequent offense shall be
6 guilty of a misdemeanor of the first degree, punishable as
7 provided in s. 775.082 or s. 775.083. Any person convicted of
8 violating the provisions of this section shall forfeit, to the
9 Game and Fresh Water Fish Commission, any license or permit
10 issued under the provisions hereof; and no further license or
11 permit shall be issued to such person for a period of 1 year
12 following such conviction. Before any private game preserve or
13 farm is established, the owner or operator shall secure a
14 license from the Game and Fresh Water Fish Commission, the fee
15 for which shall be $25 $5 per year.
16 Section 4. Subsection (4) of section 372.561, Florida
17 Statutes, 1996 Supplement, is amended to read:
18 372.561 Issuance of licenses to take wild animal life
19 or freshwater aquatic life; costs; reporting.--
20 (4)(a) In addition to any license or permit fee, the
21 sum of $2 $1.50 shall be charged for each license or
22 management area permit sold. Such charge is for the purpose
23 of, and the source from which is subtracted, all
24 administrative costs of issuing a license or permit,
25 including, but not limited to, printing, distribution, and
26 credit card fees.
27 (b) Tax collectors may retain $1.50 $1 for each
28 license or management area permit sold.
29 Section 5. Section 372.57, Florida Statutes, 1996
30 Supplement, as amended by chapter 96-300, Laws of Florida, is
31 amended to read:
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1 372.57 Licenses and permits; exemptions; fees.--No
2 person, except as provided herein, shall take game, freshwater
3 fish, or fur-bearing animals, reptiles, or amphibians within
4 this state without having first obtained a license, permit, or
5 authorization and paid the fees hereinafter set forth, unless
6 such license is issued without fee as provided in s. 372.561.
7 Such license, permit, or authorization shall authorize the
8 person to whom it is issued to take game, freshwater fish, or
9 fur-bearing animals in accordance with law and commission
10 rules. Such license, permit, or authorization is not
11 transferable. Each license or permit must bear on its face in
12 indelible ink the name of the person to whom it is issued and
13 other information requested by the commission. Such license,
14 permit, or authorization issued by the commission or any agent
15 must be in the personal possession of the person to whom
16 issued while taking game, freshwater fish, or fur-bearing
17 animals. The failure of such person to exhibit such license,
18 permit, or authorization to the commission or its wildlife
19 officers, when such person is found taking game, freshwater
20 fish, or fur-bearing animals, is a violation of law. A
21 positive form of identification is required when using an
22 authorization, a lifetime license, or a 5-year license. The
23 lifetime licenses and 5-year licenses provided herein shall be
24 embossed with the name, date of birth, the date of issuance,
25 and other pertinent information as deemed necessary by the
26 commission. A certified copy of the applicant's birth
27 certificate shall accompany all applications for a lifetime
28 license for residents 12 years of age and younger.
29 (1) A license or permit is not required for:
30 (a) Any child under 16 years of age except as
31 otherwise provided in this chapter.
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1 (b) Any person hunting or fishing in the person's
2 county of residence on the person's homestead or the homestead
3 of the person's spouse or minor child, or any minor child
4 hunting or fishing on the homestead of her or his parent.
5 (c) Any resident who is a member of the Armed Forces
6 of the United States, who is not stationed in this state, when
7 home on leave for 30 days or less, upon submission of orders.
8 (d) Any resident when fishing with live or natural
9 bait, using poles or lines which are not equipped with a
10 fishing line retrieval mechanism, and fishing for
11 noncommercial purposes in the county of her or his residence,
12 except on legally established fish management areas. This
13 paragraph, as amended by chapter 76-156, Laws of Florida, may
14 be cited as the "Dempsey J. Barron, W. D. Childers, and Joe
15 Kershaw Cane Pole Tax Repeal Act of 1976."
16 (e) Any person fishing in a fish pond of 20 acres or
17 less which is located entirely within the private property of
18 the fish pond owner.
19 (f) Any person fishing in a fish pond which is
20 licensed in accordance with s. 372.5705.
21 (g) Any person fishing who has been accepted as a
22 client for developmental services by the Department of Health
23 and Rehabilitative Services, which department shall furnish
24 such person proof thereof.
25 (h) Any resident 65 years of age or older who has in
26 her or his possession proof of age and residency. A free
27 license may be obtained from any tax collector's office upon
28 proof of age and residency.
29 (2) For residents and nonresidents, the license and
30 fees for noncommercial fishing and for hunting and trapping in
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1 this state, and the activity authorized thereby, are as
2 follows:
3 (a) A fishing license for a resident to take
4 freshwater fish in this state is $13 $12.
5 (b)1. A fishing license for a nonresident to take
6 freshwater fish in this state for 7 consecutive days is $15.
7 2. A fishing license for a nonresident to take
8 freshwater fish for 3 consecutive days is $5.
9 (c) A fishing license for a nonresident to take
10 freshwater fish in this state is $30.
11 (d) A combination fishing and hunting license for a
12 resident to take freshwater fish and game in this state is
13 $22.
14 (e) A hunting license for a resident to take game in
15 this state is $12 $11.
16 (f) A hunting license for a nonresident to take game
17 in this state is $150.
18 (g) A hunting license for a nonresident to take game
19 in this state for 10 consecutive days is $25.
20 (h) A license for a resident and nonresident to take
21 fur-bearing animals in this state is $25.
22 (i) A sportsman's license for a resident is $66. The
23 sportsman's license authorizes the holder to take freshwater
24 fish and game, subject to state and federal regulations and
25 rules of the commission in effect at the time of taking, and
26 authorizes the same activities authorized by a management area
27 permit, a muzzle-loading gun permit, a turkey permit, a
28 Florida waterfowl permit, and an archery permit. A
29 nonresident may not purchase a sportsman's license.
30 (j) A license for a resident to take more than two
31 reptiles or amphibians in this state is $11. An annual license
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1 for a nonresident to take more than two reptiles and
2 amphibians is $150 and for 10 consecutive days is $25. Any
3 resident who is licensed pursuant to s. 372.921 shall be
4 exempt from the licensing provisions of this paragraph as to
5 the taking of reptiles. Any resident licensed pursuant to s.
6 372.65 shall be exempt from the licensing provisions of this
7 paragraph as to the taking of frogs. Any person licensed
8 pursuant to s. 372.6673 shall be exempt from the licensing
9 provisions of this paragraph as to the taking of alligators.
10 (3) A resident or nonresident taking fur-bearing
11 animals by the use of guns or dogs only and not by the use of
12 traps or other devices, and not for commercial purposes, who
13 has purchased the license provided for hunting in this
14 section, received a no-cost license, or is exempt from the
15 license requirements of this chapter is not required to
16 purchase the license provided in paragraph (2)(h). A resident
17 who is age 65 or older is not required to purchase the license
18 provided in paragraph (2)(h).
19 (4) In addition to any license required by this
20 chapter, the following permits and fees for certain hunting,
21 fishing, and recreational uses, and the activities authorized
22 thereby, are:
23 (a) A Florida waterfowl permit to take wild ducks or
24 geese within this state or its coastal waters is $3.
25 (b) A management area permit to hunt, fish, or
26 otherwise use for outdoor recreational purposes, land owned,
27 leased, or managed by the commission or the State of Florida
28 for the use and benefit of the commission, up to $25. Other
29 than for hunting or fishing, this paragraph does not apply on
30 any lands not owned by the commission, unless the commission
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1 shall have obtained the written consent of the owner or
2 primary custodian of such lands.
3 (c) A muzzle-loading gun permit to hunt within this
4 state with a muzzle-loading gun during those game seasons in
5 which hunting with a modern firearm is not allowed is $5.
6 (d) An archery permit to hunt within this state with a
7 bow and arrow during those game seasons in which hunting with
8 a firearm is not allowed is $5.
9 (e) A Florida turkey permit to take wild turkeys
10 within this state is $5.
11 (f) A management area permit to hunt, fish, or
12 otherwise use, for outdoor recreational purposes, land leased
13 by the commission from private nongovernmental owners. The fee
14 for this permit shall be based upon economic compensation
15 desired by the landowner, game population levels, desired
16 hunter density, and administrative costs. The spouse and
17 dependent children of the permittee are exempt from the permit
18 fee when engaged in outdoor recreational activities other than
19 hunting in the company of the permittee. There are no other
20 exemptions to the fee required by this paragraph. The permit
21 fee shall be set by the commission by rule on a per-area
22 basis. The landowner lease fee, less an administrative fee not
23 to exceed $25, shall be remitted to the landowner as provided
24 in the lease agreement for each area.
25 (5) The commission is authorized to reduce the fees
26 for licenses and permits under this section for residents of
27 those states with which the commission has entered into
28 reciprocal agreements with respect to such fees.
29 (6) The commission may designate by rule no more than
30 2 consecutive or nonconsecutive days in each year as free
31 fishing days. Notwithstanding any other provision of this
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1 chapter, any person may take freshwater fish for noncommercial
2 purposes on a free fishing day without obtaining or possessing
3 a license or paying a license fee as prescribed in this
4 section. A person who takes freshwater fish on a free fishing
5 day without obtaining a license or paying a fee must comply
6 with all laws and regulations governing holders of a fishing
7 license and all other conditions and limitations regulating
8 the taking of freshwater fish as are imposed by law or rule.
9 (7) A resident lifetime sportsman's license authorizes
10 the holder to engage in the following noncommercial
11 activities:
12 (a) To take or attempt to take or possess freshwater
13 fish, marine fish, and game, consistent with state and federal
14 regulations and rules of the commission and the Department of
15 Environmental Protection in effect at the time of taking.
16 (b) All activities authorized by a management area
17 permit, a muzzle-loading gun permit, a turkey permit, an
18 archery permit, a Florida waterfowl permit, a snook permit,
19 and a crawfish permit.
20 (c) All activities for which an additional license,
21 permit, or fee may be required to take or attempt to take or
22 possess freshwater fish, marine fish, and game, imposed
23 subsequent to the date of purchase of the resident lifetime
24 sportsman's license.
25 (8) The fee for a resident lifetime sportsman's
26 license is:
27 (a) 4 years of age or younger.....................$400
28 (b) 5-12 years of age.............................$700
29 (c) 13-63 years of age or older.................$1,000
30 (d) 64 years of age or older.......................$12
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1 (9) A resident lifetime hunting license authorizes the
2 holder to engage in the following noncommercial activities:
3 (a) To take or attempt to take or possess game
4 consistent with state and federal regulations and rules of the
5 commission in effect at the time of taking.
6 (b) All activities authorized by a management area
7 permit, excluding fishing, a muzzle-loading gun permit, a
8 turkey permit, an archery permit, and a Florida waterfowl
9 permit.
10 (c) All activities for which an additional license,
11 permit, or fee may be required to take or attempt to take or
12 possess game, imposed subsequent to the date of purchase of
13 the resident lifetime hunting license.
14 (10) The fee for a resident lifetime hunting license
15 shall be:
16 (a) 4 years of age or younger.....................$200
17 (b) 5-12 years of age.............................$350
18 (c) 13 years of age or older......................$500
19 (11) A resident lifetime freshwater fishing license
20 authorizes the holder to engage in the following noncommercial
21 activities:
22 (a) To take or attempt to take or possess freshwater
23 fish consistent with state and federal regulations and rules
24 of the commission in effect at the time of taking.
25 (b) All activities authorized by a management area
26 permit, excluding hunting.
27 (c) All activities for which an additional license,
28 permit, or fee may be required to take or attempt to take or
29 possess freshwater fish, imposed subsequent to the date of
30 purchase of the resident lifetime freshwater fishing license.
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1 (12) The fee for a resident lifetime freshwater
2 fishing license shall be:
3 (a) 4 years of age or younger.....................$125
4 (b) 5-12 years of age.............................$225
5 (c) 13 years of age or older......................$300
6 (13) Fees collected pursuant to s. 370.0605(2) for
7 5-year saltwater fishing licenses, fees collected pursuant to
8 s. 370.0605(5)(e) for replacement 5-year and lifetime
9 licenses, fees collected pursuant to s. 370.0615 for lifetime
10 saltwater fishing licenses and 30 percent of the fee for the
11 lifetime sportsman's license shall be transferred within 30
12 days following the last day of the month in which the license
13 fees were received by the commission to the Marine Resources
14 Conservation Trust Fund.
15 (14) The following 5-year licenses are authorized:
16 (a) A 5-year freshwater fishing license for a resident
17 to take or attempt to take or possess freshwater fish in this
18 state for 5 consecutive years is $60 and authorizes the holder
19 to engage in the following noncommercial activities:
20 1. To take or attempt to take or possess freshwater
21 fish consistent with state and federal regulations and rules
22 of the commission in effect at the time of taking.
23 2. All activities authorized by a management area
24 permit, excluding hunting.
25 3. All activities for which an additional license,
26 permit, or fee is required to take or attempt to take or
27 possess freshwater fish, imposed subsequent to the date of
28 purchase of the 5-year resident freshwater fishing license
29 until the date of expiration.
30 (b) A 5-year hunting license for a resident to take or
31 attempt to take or possess game in this state for 5
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1 consecutive years is $270 and authorizes the holder to engage
2 in the following noncommercial activities:
3 1. To take or attempt to take or possess game
4 consistent with state and federal regulations and rules of the
5 commission in effect at the time of taking.
6 2. All activities authorized by a management area
7 permit, excluding fishing, a muzzle-loading gun permit, a
8 turkey permit, an archery permit, and a Florida waterfowl
9 permit.
10 3. All activities for which an additional license,
11 permit, or fee may be required to take or attempt to take or
12 possess game, imposed subsequent to the date of purchase of
13 the 5-year resident hunting license until the date of
14 expiration.
15 (15) Proceeds from the sale of 5-year licenses as
16 provided in this chapter shall be deposited into the Dedicated
17 License Trust Fund. One-fifth of the total proceeds derived
18 from the sale of 5-year licenses, replacement 5-year licenses,
19 and all interest derived therefrom shall be available for
20 appropriation annually.
21 (16)(a) Effective July 1, 1999, the fees for licenses,
22 permits, or stamps provided by this section shall be adjusted
23 by the amount derived by multiplying said fees by the
24 percentage change in the average cost-of-living index over the
25 previous 24 months, not to exceed 5 percent, rounded to the
26 nearest 50 cents. This adjustment shall be repeated each
27 alternate July 1, thereafter.
28 (b) The "average cost-of-living" index as of July 1
29 means the average of the monthly Consumer Price Index for the
30 24-month period ending March 1 immediately prior to the
31 adjustment date relative to the United States as a whole,
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1 issued by the Bureau of Labor Statistics of the United States
2 Department of Labor.
3 Section 6. Section 372.57, Florida Statutes, as
4 amended by chapter 96-265, Laws of Florida, is amended to
5 read:
6 372.57 Licenses and stamps; exemptions; fees.--No
7 person, except as provided herein, shall take game, freshwater
8 fish, or fur-bearing animals, reptiles, or amphibians within
9 this state without having first obtained a license or stamp
10 and paid the license fee hereinafter set forth, unless such
11 license is issued without fee as provided in s. 372.561. Such
12 license or stamp shall authorize the person to whom it is
13 issued to take game, freshwater fish, or fur-bearing animals
14 in accordance with law and commission rules. Such license or
15 stamp is not transferable, shall bear on its face in indelible
16 ink the name of the person to whom it is issued, and shall be
17 affixed to a license identification card issued by the
18 commission, upon which the tax collector may affix her or his
19 seal. Such license or stamp is not valid unless it bears the
20 name of the person to whom it is issued and is so affixed.
21 Such stamp or license shall be in the personal possession of
22 the person to whom issued while taking game, freshwater fish,
23 or fur-bearing animals. The failure of such person to exhibit
24 such license or stamp to the commission or its wildlife
25 officers, when such person is found taking game, freshwater
26 fish, or fur-bearing animals, is a violation of law. A
27 positive form of identification is required when using a
28 lifetime license or a 5-year license. The requirement that a
29 license or stamp bear the name of the person to whom it is
30 issued does not apply to the Florida waterfowl stamp or the
31 turkey stamp provided for in paragraphs (5)(a) and (e),
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1 respectively. The requirement that a license shall be affixed
2 to a license identification card does not apply to the
3 lifetime licenses or the 5-year licenses provided for in this
4 section. The lifetime licenses and 5-year licenses provided
5 herein shall be embossed with the name, date of birth, the
6 date of issuance, and other pertinent information as deemed
7 necessary by the commission. A certified copy of the
8 applicant's birth certificate shall accompany all applications
9 for a lifetime license for residents 12 years of age and
10 younger.
11 (1) No license or stamp shall be required for the
12 following:
13 (a) Any child under 16 years of age except as
14 otherwise provided in this chapter.
15 (b) Any person hunting or fishing in the person's
16 county of residence on the person's homestead or the homestead
17 of the person's spouse or minor child, or any minor child
18 hunting or fishing on the homestead of her or his parent.
19 (c) Any resident who is a member of the Armed Forces
20 of the United States, who is not stationed in this state, when
21 fishing or hunting while home on leave for 30 days or less,
22 upon submission of orders.
23 (d) Any resident when fishing with live or natural
24 bait, using poles or lines which are not equipped with a
25 fishing line retrieval mechanism, and fishing for
26 noncommercial purposes in the county of her or his residence,
27 except on legally established fish management areas. This
28 paragraph, as amended by chapter 76-156, Laws of Florida, may
29 be cited as the "Dempsey J. Barron, W. D. Childers, and Joe
30 Kershaw Cane Pole Tax Repeal Act of 1976."
31
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1 (e) Any person fishing in a fish pond of 20 acres or
2 less which is located entirely within the private property of
3 the fish pond owner.
4 (f) Any person fishing in a fish pond which is
5 licensed in accordance with s. 372.5705.
6 (g) Any person fishing who has been accepted as a
7 client for developmental services by the Department of Health
8 and Rehabilitative Services, which department shall furnish
9 such person proof thereof.
10 (2) For residents and nonresidents, the license and
11 fees for noncommercial fishing and for hunting and trapping in
12 this state, and the activity authorized thereby, shall be as
13 follows:
14 (a) A fishing license for a resident to take
15 freshwater fish in this state shall be $13 $12.
16 (b) A fishing license for a nonresident to take
17 freshwater fish in this state for 7 consecutive days shall be
18 $15.
19 (c) A fishing license for a nonresident to take
20 freshwater fish in this state shall be $30.
21 (d) A combination fishing and hunting license for a
22 resident to take freshwater fish and game in this state shall
23 be $22.
24 (e) A hunting license for a resident to take game in
25 this state shall be $12 $11.
26 (f) A hunting license for a nonresident to take game
27 in this state shall be $150.
28 (g) A hunting license for a nonresident to take game
29 in this state for 10 consecutive days shall be $25. However,
30 with respect to persons who are residents of states contiguous
31 to Florida, the fee for a hunting license to take game in this
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1 state for 10 consecutive days shall be $121 unless such state
2 has a reciprocal agreement with Florida pursuant to subsection
3 (7).
4 (h) A hunting license for a nonresident to take game
5 in this state within a private hunting preserve for 10
6 consecutive days shall be $15.
7 (i) A license for a resident to take fur-bearing
8 animals in this state shall be $25.
9 (j) A license for a nonresident to take fur-bearing
10 animals in this state shall be $100.
11 (k) A sportsman's license for a resident shall be $66.
12 The sportsman's license authorizes the holder to take
13 freshwater fish and game, subject to state and federal
14 regulations and rules of the commission in effect at the time
15 of taking, and authorizes the same activities authorized by a
16 management area stamp, a muzzle-loading gun stamp, a turkey
17 stamp, a Florida waterfowl stamp, and an archery stamp. A
18 nonresident may not purchase a sportsman's license.
19 (l) A license for a resident to take more than two
20 reptiles or amphibians in this state is $11. An annual license
21 for a nonresident to take more than two reptiles and
22 amphibians is $150 and for 10 consecutive days is $25. Any
23 resident who is licensed pursuant to s. 372.921 shall be
24 exempt from the licensing provisions of this paragraph as to
25 the taking of reptiles. Any resident licensed pursuant to s.
26 372.65 shall be exempt from the licensing provisions of this
27 paragraph as to the taking of frogs. Any person licensed
28 pursuant to s. 372.6673 shall be exempt from the licensing
29 provisions of this paragraph as to the taking of alligators.
30 (3) A resident or nonresident taking fur-bearing
31 animals by the use of guns or dogs only and not by the use of
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1 traps or other devices, and not for commercial purposes, who
2 has purchased the license provided for hunting in this section
3 shall not be required to purchase the license provided in
4 paragraph (2)(i) or paragraph (2)(j). A resident who is age
5 65 or older who has obtained a permanent hunting and fishing
6 license issued pursuant to s. 372.561(5)(a) shall not be
7 required to purchase the license provided in paragraph (2)(i).
8 (4) Any person fishing in a fish management area shall
9 only be required to purchase a fishing license as provided in
10 this section.
11 (5) In addition to any license required by this
12 chapter, the following permits and fees for certain hunting,
13 fishing, and recreational uses, and the activities authorized
14 thereby, shall be:
15 (a) A Florida waterfowl permit to take wild ducks or
16 geese within this state or its coastal waters shall be $3.
17 (b) Management area permits to hunt, fish, or
18 otherwise use for outdoor recreational purposes, land owned,
19 leased, or managed by the commission or the State of Florida
20 for the use and benefit of the commission, up to $25 annually.
21 Permits, and fees thereof, for short-term use of land which is
22 owned, leased, or managed by the commission may be established
23 by rule of the commission for any activity on such lands.
24 Such permits and fees may be in lieu of or in addition to the
25 annual management area permit. Other than for hunting or
26 fishing, the provisions of this paragraph shall not apply on
27 any lands not owned by the commission, unless the commission
28 shall have obtained the written consent of the owner or
29 primary custodian of such lands.
30 (c) A muzzle-loading gun permit to hunt within this
31 state with a muzzle-loading gun during those game seasons in
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1 which hunting with a modern firearm is not allowed shall be
2 $5.
3 (d) An archery permit to hunt within this state with a
4 bow and arrow during those game seasons in which hunting with
5 a firearm is not allowed shall be $5.
6 (e) A Florida turkey permit to take wild turkeys
7 within this state shall be $5.
8 (f) A special use permit for limited entry hunting or
9 fishing, where such hunting or fishing is authorized by
10 commission rule, shall be up to $100 per day but shall not
11 exceed $250 per week. In addition to the fee, the commission
12 may charge each applicant for a special use permit a
13 nonrefundable application fee of up to $10.
14 (g) A management area permit to hunt, fish, or
15 otherwise use, for outdoor recreational purposes, land leased
16 by the commission from private nongovernmental owners. The fee
17 for this permit shall be based upon economic compensation
18 desired by the landowner, game population levels, desired
19 hunter density, and administrative costs. The spouse and
20 dependent children of the permittee are exempt from the permit
21 fee when engaged in outdoor recreational activities other than
22 hunting in the company of the permittee. There are no other
23 exemptions to the fee required by this paragraph. The permit
24 fee shall be set by the commission by rule on a per-area
25 basis. The landowner lease fee, less an administrative fee not
26 to exceed $25, shall be remitted to the landowner as provided
27 in the lease agreement for each area.
28 (6) The following shall be exempt only from the stamp
29 requirements of this section:
30 (a) Any resident age 65 and older who has obtained a
31 permanent license issued pursuant to s. 372.561(5)(a).
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1 (b) Any resident who is certified by the United States
2 Department of Veterans Affairs or its predecessor, by the
3 United States Social Security Administration, by any branch of
4 the United States Armed Services, or by a licensed physician
5 in this state to be totally and permanently disabled, or who
6 holds a valid identification card issued under the provisions
7 of s. 295.17, and who has obtained a permanent license issued
8 pursuant to s. 372.561(5)(b).
9 (7) The commission is authorized to reduce the fees
10 for licenses and stamps under this section for residents of
11 those states with which the commission has entered into
12 reciprocal agreements with respect to such fees.
13 (8) The commission may designate by rule no more than
14 2 consecutive or nonconsecutive days in each year as free
15 fishing days. Notwithstanding any other provision of this
16 chapter, any person may take freshwater fish for noncommercial
17 purposes on a free fishing day without obtaining or possessing
18 a license or paying a license fee as prescribed in this
19 section. A person who takes freshwater fish on a free fishing
20 day without obtaining a license or paying a fee must comply
21 with all laws and regulations governing holders of a fishing
22 license and all other conditions and limitations regulating
23 the taking of freshwater fish as are imposed by law or rule.
24 (9) A resident lifetime sportsman's license authorizes
25 the holder to engage in the following noncommercial
26 activities:
27 (a) To take or attempt to take or possess freshwater
28 fish, marine fish, and game, consistent with state and federal
29 regulations and rules of the commission and the Department of
30 Environmental Protection in effect at the time of taking.
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1 (b) All activities authorized by a management area
2 stamp, a muzzle-loading gun stamp, a turkey stamp, an archery
3 stamp, a Florida waterfowl stamp, a snook stamp, and a
4 crawfish stamp.
5 (c) All activities for which an additional license,
6 stamp, or fee may be required to take or attempt to take or
7 possess freshwater fish, marine fish, and game, imposed
8 subsequent to the date of purchase of the resident lifetime
9 sportsman's license.
10 (10) The fee for a resident lifetime sportsman's
11 license shall be:
12 (a) 4 years of age or younger.....................$400
13 (b) 5-12 years of age.............................$700
14 (c) 13-63 years of age or older.................$1,000
15 (d) 64 years of age or older.......................$12
16 (11) A resident lifetime hunting license authorizes
17 the holder to engage in the following noncommercial
18 activities:
19 (a) To take or attempt to take or possess game
20 consistent with state and federal regulations and rules of the
21 commission in effect at the time of taking.
22 (b) All activities authorized by a management area
23 stamp, excluding fishing, a muzzle-loading gun stamp, a turkey
24 stamp, an archery stamp, and a Florida waterfowl stamp.
25 (c) All activities for which an additional license,
26 stamp, or fee may be required to take or attempt to take or
27 possess game, imposed subsequent to the date of purchase of
28 the resident lifetime hunting license.
29 (12) The fee for a resident lifetime hunting license
30 shall be:
31 (a) 4 years of age or younger.....................$200
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1 (b) 5-12 years of age.............................$350
2 (c) 13 years of age or older......................$500
3 (13) A resident lifetime freshwater fishing license
4 authorizes the holder to engage in the following noncommercial
5 activities:
6 (a) To take or attempt to take or possess freshwater
7 fish consistent with state and federal regulations and rules
8 of the commission in effect at the time of taking.
9 (b) All activities authorized by a management area
10 stamp, excluding hunting.
11 (c) All activities for which an additional license,
12 stamp, or fee may be required to take or attempt to take or
13 possess freshwater fish, imposed subsequent to the date of
14 purchase of the resident lifetime freshwater fishing license.
15 (14) The fee for a resident lifetime freshwater
16 fishing license shall be:
17 (a) 4 years of age or younger.....................$125
18 (b) 5-12 years of age.............................$225
19 (c) 13 years of age or older......................$300
20 (15) Fees collected pursuant to s. 370.0605(2) for
21 5-year saltwater fishing licenses, fees collected pursuant to
22 s. 370.0605(8) for replacement 5-year and lifetime licenses,
23 fees collected pursuant to s. 370.0615 for lifetime saltwater
24 fishing licenses and 30 percent of the fee for the lifetime
25 sportsman's license shall be transferred within 30 days
26 following the last day of the month in which the license fees
27 were received by the commission to the Marine Resources
28 Conservation Trust Fund.
29 (16) Five-year licenses are hereby authorized:
30 (a) A 5-year freshwater fishing license for a resident
31 to take or attempt to take or possess freshwater fish in this
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1 state for 5 consecutive years shall be $60 and shall authorize
2 the holder to engage in the following noncommercial
3 activities:
4 1. To take or attempt to take or possess freshwater
5 fish consistent with state and federal regulations and rules
6 of the commission in effect at the time of taking.
7 2. All activities authorized by a management area
8 stamp, excluding hunting.
9 3. All activities for which an additional license,
10 stamp, or fee may be required to take or attempt to take or
11 possess freshwater fish, imposed subsequent to the date of
12 purchase of the 5-year resident freshwater fishing license
13 until the date of expiration.
14 (b) A 5-year hunting license for a resident to take or
15 attempt to take or possess game in this state for 5
16 consecutive years shall be $270 and shall authorize the holder
17 to engage in the following noncommercial activities:
18 1. To take or attempt to take or possess game
19 consistent with state and federal regulations and rules of the
20 commission in effect at the time of taking.
21 2. All activities authorized by a management area
22 stamp, excluding fishing, a muzzle-loading gun stamp, a turkey
23 stamp, an archery stamp, and a Florida waterfowl stamp.
24 3. All activities for which an additional license,
25 stamp, or fee may be required to take or attempt to take or
26 possess game, imposed subsequent to the date of purchase of
27 the 5-year resident hunting license until the date of
28 expiration.
29 (c) Proceeds from the sale of 5-year licenses as
30 provided in this chapter shall be deposited into the Dedicated
31 License Trust Fund. One-fifth of the total proceeds derived
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1 from the sale of 5-year licenses, replacement 5-year licenses,
2 and all interest derived therefrom shall be available for
3 appropriation annually.
4 (17)(a) Effective July 1, 1999, the fees for licenses,
5 permits, or stamps provided by this section shall be adjusted
6 by the amount derived by multiplying said fees by the
7 percentage change in the average cost-of-living index over the
8 previous 24 months, not to exceed 5 percent, rounded to the
9 nearest 50 cents. This adjustment shall be repeated each
10 alternate July 1, thereafter.
11 (b) The "average cost-of-living" index as of July 1
12 means the average of the monthly Consumer Price Index for the
13 24-month period ending March 1 immediately prior to the
14 adjustment date relative to the United States as a whole,
15 issued by the Bureau of Labor Statistics of the United States
16 Department of Labor.
17 Section 7. Paragraphs (e) and (g) of subsection (2) of
18 section 372.574, Florida Statutes, 1996 Supplement, are
19 amended to read:
20 372.574 Appointment of subagents for the sale of
21 hunting, fishing, and trapping licenses and permits.--
22 (2) If a tax collector elects not to appoint
23 subagents, the commission may appoint subagents within that
24 county. Subagents shall serve at the pleasure of the
25 commission. The commission may establish, by rule, procedures
26 for selection of subagents. The following are requirements
27 for subagents so appointed:
28 (e) A subagent may charge and receive as his or her
29 compensation 50 cents for each license or permit sold. This
30 charge is in addition to the sum required by law to be
31 collected for the sale and issuance of each license or permit.
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1 In addition, no later than July 1, 1997, a subagent fee for
2 the sale of licenses electronically over the telephone by
3 credit card shall be established by competitive bid procedures
4 which are overseen by the Game and Fresh Water Fish
5 Commission.
6 (g) Subagents shall maintain records of all licenses
7 and permits sold and all stamps issued, voided, stolen, or
8 lost. Subagents are responsible to the commission for the
9 fees for all licenses and permits sold and for the value of
10 all stamps reported as lost. Subagents must report all stolen
11 validation stamps to the appropriate law enforcement agency.
12 The subagent shall submit a written report and a copy of the
13 law enforcement agency's report to the commission within 5
14 days after discovering the theft. The value of a lost
15 validation stamp is $25 $5.
16 Section 8. Section 372.579, Florida Statutes, is
17 created to read:
18 372.579 Processing fee for certain no-cost licenses
19 and permits.--The commission may, by rule, establish a
20 processing fee of up to $100 for each no-cost license or
21 permit required by chapter 39 of the Florida Administrative
22 Code. The commission shall annually report actions taken under
23 the provisions of this section to the Legislature.
24 Section 9. Subsection (1) of section 372.661, Florida
25 Statutes, is amended to read:
26 372.661 Private hunting preserve, license;
27 exception.--
28 (1) Any person who operates a private hunting preserve
29 commercially or otherwise shall be required to pay a license
30 fee of $50 $25 for each such preserve; provided, however, that
31 during the open season established for wild game of any
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1 species a private individual may take artificially propagated
2 game of such species up to the bag limit prescribed for the
3 particular species without being required to pay the license
4 fee required by this section; provided further that if any
5 such individual shall charge a fee for taking such game she or
6 he shall be required to pay the license fee required by this
7 section and to comply with the rules and regulations of the
8 Game and Fresh Water Fish Commission relative to the operation
9 of private hunting preserves.
10 Section 10. Section 372.87, Florida Statutes, is
11 amended to read:
12 372.87 License fee; renewal, revocation.--The Florida
13 Game and Fresh Water Fish Commission is hereby authorized and
14 empowered to issue a license or permit for the keeping,
15 possessing or exhibiting of poisonous or venomous reptiles,
16 upon payment of an annual fee of $25 $5 and upon assurance
17 that all of the provisions of ss. 372.86-372.91 and such other
18 reasonable rules and regulations as said commission may
19 prescribe will be fully complied with in all respects. Such
20 permit may be revoked by the Florida Game and Fresh Water Fish
21 Commission upon violation of any of the provisions of ss.
22 372.86-372.91 or upon violation of any of the rules and
23 regulations prescribed by said commission relating to the
24 keeping, possessing and exhibiting of any poisonous and
25 venomous reptiles. Such permits or licenses shall be for an
26 annual period to be prescribed by the said commission and
27 shall be renewable from year to year upon the payment of said
28 $25 $5 fee and shall be subject to the same conditions,
29 limitations and restrictions as herein set forth.
30 Section 11. Subsection (2) of section 372.921, Florida
31 Statutes, is amended, subsections (5), (6), (7), and (8) are
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1 renumbered as subsections (6), (7), (8), and (9),
2 respectively, and a new subsection (5) is added to said
3 section, to read:
4 372.921 Exhibition of wildlife.--
5 (2) The fees to be paid for the issuance of permits
6 required by subsection (1) shall be as follows:
7 (a) For not more than 25 Class I or Class II 10
8 individual specimens in the aggregate of all species, the sum
9 of $100 $5 per annum.
10 (b) For over 25 Class I or Class II 10 individual
11 specimens in the aggregate of all species, the sum of $250 $25
12 per annum.
13 (c) For any number of Class III individual specimens
14 in the aggregate of all species, the sum of $25 per annum.
15
16 The fees prescribed by this section shall be submitted to the
17 Game and Fresh Water Fish Commission with the application for
18 permit required by subsection (1) and shall be deposited in
19 the State Game Fund.
20 (5) In instances where wildlife is seized or taken
21 into custody by the commission, the owner of the wildlife or
22 the possessor of the wildlife shall be responsible for payment
23 of all expenses relative to the animal's capture, transport,
24 boarding, veterinary care, or other costs associated with or
25 incurred due to the seizure or custody. Such expenses shall be
26 paid by the owner or possessor upon any conviction or finding
27 of guilt of a criminal or noncriminal violation, regardless of
28 adjudication or plea entered, of any provision of this chapter
29 or chapter 828, or rules of the commission, or if such
30 violation is disposed of under s. 921.187. Failure to pay such
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1 expenses may be grounds for revocation or denial of permits to
2 such persons to possess wildlife.
3 Section 12. Subsections (2) and (3) of section
4 372.922, Florida Statutes, are amended, subsections (4), (5),
5 and (6) are renumbered as subsections (5), (6), and (7),
6 respectively, and a new subsection (4) is added to said
7 section, to read:
8 372.922 Personal possession of wildlife.--
9 (2) The classifications of types of wildlife and fees
10 to be paid for the issuance of permits shall be as follows:
11 (a) Class I--Wildlife which, because of its nature,
12 habits, or status, shall not be possessed as a personal pet.
13 (b) Class II--Wildlife considered to present a real or
14 potential threat to human safety, the sum of $100 per annum.
15 (c) Class III--The sum of $25 per annum.
16 (3) The commission shall promulgate regulations
17 defining Class I, and II, and III types of wildlife. The
18 commission shall also establish regulations and requirements
19 necessary to ensure that permits are granted only to persons
20 qualified to possess and care properly for wildlife and that
21 permitted wildlife possessed as personal pets will be
22 maintained in sanitary surroundings and appropriate
23 neighborhoods.
24 (4) In instances where wildlife is seized or taken
25 into custody by the commission, the owner or possessor of the
26 wildlife shall be responsible for the payment of all expenses
27 relative to the animal's capture, transport, boarding,
28 veterinary care or other costs associated with or incurred due
29 to the seizure or custody. Such expenses shall be paid by the
30 owner or possessor of the wildlife upon any conviction or
31 finding of guilt of a criminal or noncriminal violation,
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1 regardless of adjudication or plea entered, of any provision
2 of this chapter or chapter 828, or rules of the commission, or
3 if such violation is disposed of under s. 921.187. Failure to
4 pay such expenses may be grounds for revocation or denial of
5 permits to such persons to possess wildlife.
6 Section 13. Subsection (3) of section 375.315, Florida
7 Statutes, is amended to read:
8 375.315 Registration of off-road vehicles.--
9 (3) Registration shall be renewed annually upon
10 payment of an annual registration fee for off-road vehicles
11 not to exceed $25 $10.
12 Section 14. This act shall take effect July 1, 1997.
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1 *****************************************
2 HOUSE SUMMARY
3
Revises various provisions of law with respect to the
4 Game and Fresh Water Fish Commission to:
1. Exempt entry fees for participation in
5 freshwater fishing tournaments from the admission tax.
2. Direct the commission to provide services and
6 information designed to inform Floridians and visitors
about the state's unique and diverse fish, game, and
7 wildlife and make available such information by means of
commonly used media.
8 3. Authorize the commission to promulgate rules for
the purpose of entering into contracts which are
9 primarily for promotional and advertising services and
promotional events.
10 4. Increase to $25 the license fee to own and
operate a private game preserve or farm.
11 5. Increase to $2 an additional fee for each
license or management permit sold.
12 6. Require a license for the taking of reptiles or
amphibians.
13 7. Increase the fee for a resident freshwater
fishing license to $13 and for a resident hunting license
14 to $12.
8. Provide for a fee for a management area permit
15 to hunt, fish, or otherwise use, for outdoor recreational
purposes, land leased by the commission from private
16 nongovernmental owners.
9. Provide that, effective July 1, 1999, and every
17 2 years thereafter, the fees for licenses, permits, or
stamps shall be adjusted by the amount derived by
18 multiplying said fees by the percentage change in the
average cost-of-living index over the previous 24 months.
19 10. Provide processing fees for described no-cost
licenses and permits.
20 11. Increase to $50 the license fee for operating a
private hunting preserve.
21 12. Increase to $25 the fee for a license or permit
for keeping, possessing, or exhibiting poisonous or
22 venomous reptiles.
13. Increase fees for the exhibition or possession
23 of wildlife and provide that certain owners or possessors
of wildlife which is seized or taken into custody shall
24 be responsible for the payment of all expenses relative
to the animal's capture, transport, boarding, veterinary
25 care, or other costs.
14. Increase to $25 the registration fee for
26 off-road vehicles.
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