House Bill 4407
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Florida House of Representatives - 1998 HB 4407
By Representatives Byrd, Feeney, Peaden, Fasano,
Maygarden, Murman, Tamargo, Arnall, Bitner, Wallace, Putnam,
Harrington, Flanagan, Kelly, Westbrook, Burroughs,
Littlefield, Lacasa, Sembler, Mackey, Ogles, Ball, Crow, Culp,
Rojas and Thrasher
1 A bill to be entitled
2 An act relating to tax relief for Florida's
3 families; creating the Florida Family Tax
4 Relief Act of 1998; amending s. 212.08, F.S.;
5 revising the exemption from the tax on sales,
6 use, and other transactions for food; providing
7 exemptions for a portion of the value of
8 certain automobiles, for clothing for children
9 under 10, for home appliances, and for personal
10 computers; amending s. 320.06, F.S.; reducing
11 the fee for replacement license plates;
12 amending s. 320.0607, F.S.; reducing the fees
13 for original license plates and for replacement
14 plates, validation decals, and mobile home
15 stickers; amending s. 320.0609, F.S.; reducing
16 the fee for transfer of license plates;
17 amending s. 320.08, F.S.; reducing license
18 taxes for motorcycles, mopeds, motorized
19 bicycles, automobiles for private use, trucks
20 for personal use, and mobile homes; amending s.
21 322.17, F.S.; reducing fees for duplicate and
22 replacement instruction permits and driver's
23 licenses; amending s. 322.21, F.S.; reducing
24 fees for Class D or Class E driver's licenses,
25 licenses restricted to motorcycle use, and
26 renewal or extension thereof; amending s.
27 370.0605, F.S.; reducing fees for resident
28 saltwater fishing licenses and replacement
29 thereof; amending s. 370.0615, F.S.; reducing
30 fees for resident lifetime saltwater fishing
31 licenses; amending s. 370.062, F.S.; reducing
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1 the tarpon tag fee; amending s. 370.1111, F.S.;
2 reducing the snook permit fee; amending s.
3 372.57, F.S.; reducing fees for resident
4 hunting and freshwater fishing and sportman's
5 licenses; amending s. 372.60, F.S.; reducing
6 fees for replacement of such licenses or
7 permits; providing for annual appropriations to
8 replace revenues lost as a result of such fee
9 reductions and providing for distribution
10 thereof; providing an effective date.
11
12 WHEREAS, Florida's families play a vital positive role
13 in the welfare of this state, and
14 WHEREAS, Florida's government has grown faster than
15 household income, which has had an adverse impact on the
16 typical family's ability to meet the ever-increasing needs of
17 the family unit, and
18 WHEREAS, Floridians have invested their efforts and
19 trust in the state's economy, resulting in significant amounts
20 of new revenue flowing to the state, and
21 WHEREAS, good public policy dictates that the windfall
22 of the robust economy should benefit Florida's families and
23 not produce a larger governmental structure, NOW, THEREFORE,
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. This act may be cited as the "Florida
28 Family Tax Relief Act of 1998."
29 Section 2. Subsection (1) of section 212.08, Florida
30 Statutes, is amended, and paragraphs (qq), (rr), (ss), and
31 (tt) are added to subsection (7) of said section, to read:
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1 212.08 Sales, rental, use, consumption, distribution,
2 and storage tax; specified exemptions.--The sale at retail,
3 the rental, the use, the consumption, the distribution, and
4 the storage to be used or consumed in this state of the
5 following are hereby specifically exempt from the tax imposed
6 by this chapter.
7 (1) EXEMPTIONS; FOODS AND BEVERAGES GENERAL
8 GROCERIES.--
9 (a) The sale for off-premises human consumption or use
10 of eligible foods and beverages is exempt from the tax imposed
11 by this chapter. As used in this paragraph, "eligible foods
12 and beverages" means any food as defined in section 3 of the
13 federal Food Stamp Act of 1977 (Pub. L. No. 95-113), as
14 amended, 7 U.S.C.A. s. 2012(g), except that eligible foods and
15 beverages shall not include seeds or plants to grow food and
16 shall not include There are exempt from the tax imposed by
17 this chapter food and drinks for human consumption except
18 candy. Unless the exemption provided by paragraph (7)(q) for
19 school lunches, paragraph (7)(i) for meals to certain patients
20 or inmates, paragraph (7)(k) for meals provided by certain
21 nonprofit organizations, or paragraph (7)(z) for food or
22 drinks sold through vending machines pertains, none of such
23 items of food or drinks means:
24 1. Food or drinks served, prepared, or sold in or by
25 restaurants; drugstores; lunch counters; cafeterias; hotels;
26 amusement parks; racetracks; taverns; concession stands at
27 arenas, auditoriums, carnivals, fairs, stadiums, theaters, or
28 other like places of business; or by any business or place
29 required by law to be licensed by the Division of Hotels and
30 Restaurants of the Department of Business and Professional
31 Regulation, except bakery products sold in or by pastry shops,
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1 doughnut shops, or like establishments for consumption off the
2 premises;
3 2. foods and drinks sold ready for immediate
4 consumption from vending machines, pushcarts, motor vehicles,
5 or any other form of vehicle.;
6 3. Soft drinks, which include, but are not limited to,
7 any nonalcoholic beverage, any preparation or beverage
8 commonly referred to as a "soft drink," or any noncarbonated
9 drink made from milk derivatives or tea, when sold in cans or
10 similar containers. The term "soft drink" does not include:
11 natural fruit or vegetable juices or their concentrates or
12 reconstituted natural concentrated fruit or vegetable juices,
13 whether frozen or unfrozen, dehydrated, powdered, granulated,
14 sweetened or unsweetened, seasoned with salt or spice, or
15 unseasoned; coffee or coffee substitutes; tea except when sold
16 in containers as provided herein; cocoa; products intended to
17 be mixed with milk; or natural fluid milk;
18 4. Foods or drinks cooked or prepared on the seller's
19 premises and sold ready for immediate consumption either on or
20 off the premises, excluding bakery products for off-premises
21 consumption unless such foods are taxed under subparagraph 1.
22 or subparagraph 2.; or
23 5. Sandwiches sold ready for immediate consumption.
24
25 For the purposes of this paragraph, "seller's premises" shall
26 be construed broadly, and means, but is not limited to, the
27 lobby, aisle, or auditorium of a theater; the seating, aisle,
28 or parking area of an arena, rink, or stadium; or the parking
29 area of a drive-in or outdoor theater. The premises of a
30 caterer with respect to catered meals or beverages shall be
31 the place where such meals or beverages are served.
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1 (b)1. Food or drinks not exempt under paragraph (a)
2 shall be exempt, notwithstanding that paragraph, when
3 purchased with food coupons or Special Supplemental Food
4 Program for Women, Infants, and Children vouchers issued under
5 authority of federal law.
6 2. This paragraph is effective only while federal law
7 prohibits a state's participation in the federal food coupon
8 program or Special Supplemental Food Program for Women,
9 Infants, and Children if there is an official determination
10 that state or local sales taxes are collected within that
11 state on purchases of food or drinks with such coupons.
12 3. This paragraph shall not apply to any food or
13 drinks on which federal law shall permit sales taxes without
14 penalty, such as termination of the state's participation.
15 4. Notwithstanding any other provision of law, the
16 department shall make refunds or allow credits to a
17 distributor equal to the fee imposed and paid under s.
18 403.7197 on containers purchased by consumers with food
19 coupons or Special Supplemental Food Program for Women,
20 Infants, and Children vouchers issued under authority of
21 federal law.
22 (7) MISCELLANEOUS EXEMPTIONS.--
23 (qq) Automobiles.--The first $7,500 of taxable value
24 of an automobile with a gross vehicle weight of less than 2
25 tons titled under chapter 319 by a natural person who is a
26 resident of this state is exempt from the tax imposed by this
27 chapter.
28 (rr) Clothing.--There is exempt from the tax imposed
29 by this chapter the sale of any article of wearing apparel,
30 including footwear, intended to be worn on or about the human
31 body by a child under the age of 10. For purposes of this
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1 paragraph, "clothing" does not include watches, jewelry, or
2 similar items of adornment.
3 (ss) Home appliances.--The sale of any home appliance
4 intended for primary use in property that has been granted a
5 homestead exemption under chapter 196 is exempt from the tax
6 imposed by this chapter.
7 (tt) Personal computers.--The sale of a computer, as
8 defined by s. 815.03, to a natural person for personal use is
9 exempt from the tax imposed by this chapter.
10 Section 3. Paragraph (b) of subsection (1) of section
11 320.06, Florida Statutes, is amended to read:
12 320.06 Registration certificates, license plates, and
13 validation stickers generally.--
14 (1)
15 (b) Registration license plates bearing a graphic
16 symbol and the alphanumeric system of identification shall be
17 issued for a 5-year period. At the end of said 5-year period,
18 upon renewal, the plate shall be replaced and the department
19 shall determine the replacement date for plates issued prior
20 to October 1, 1985. The fee for such replacement shall be $5
21 $10, $1 $2 of which shall be paid each year before the plate
22 is replaced, to be credited towards the next $5 $10
23 replacement fee. The fees shall be deposited into the Highway
24 Safety Operating Trust Fund. A credit or refund shall not be
25 given for any prior years' payments of such prorated
26 replacement fee when the plate is replaced or surrendered
27 before the end of the 5-year period. With each license plate,
28 there shall be issued a validation sticker showing the owner's
29 birth month or the appropriate renewal period if the owner is
30 not a natural person. This validation sticker shall be placed
31 on the upper left corner of the license plate and shall be
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1 issued one time during the life of the license plate, or upon
2 request when it has been damaged or destroyed. There shall
3 also be issued with each license plate a serially numbered
4 validation sticker showing the year of expiration, which
5 sticker shall be placed on the upper right corner of the
6 license plate. Such license plate and validation stickers
7 shall be issued based on the applicant's appropriate renewal
8 period. The registration period shall be a period of 12
9 months, and all expirations shall occur based on the
10 applicant's appropriate registration period. A vehicle with
11 an apportioned registration shall be issued an annual license
12 plate and a cab card that denote the declared gross vehicle
13 weight for each apportioned jurisdiction in which the vehicle
14 is authorized to operate.
15 Section 4. Subsections (3) and (5) of section
16 320.0607, Florida Statutes, are amended to read:
17 320.0607 Replacement license plates, validation decal,
18 or mobile home sticker.--
19 (3) Except as provided in subsection (2), in all such
20 cases, upon filing of an application accompanied by a fee of
21 $5 $10 plus applicable service charges, the department shall
22 issue a replacement plate, sticker, or decal as the case may
23 be if it is satisfied that the information reported in the
24 application is true. The replacement fee shall be deposited
25 into the Highway Safety Operating Trust Fund.
26 (5) Upon the issuance of an original license plate,
27 the applicant shall pay a fee of $5 $10 to be deposited in the
28 Highway Safety Operating Trust Fund.
29 Section 5. Paragraph (a) of subsection (2) and
30 paragraph (a) of subsection (5) of section 320.0609, Florida
31 Statutes, are amended to read:
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1 320.0609 Transfer and exchange of registration license
2 plates; transfer fee.--
3 (2)(a) Upon a sale, trade, transfer, or other
4 disposition of a motor vehicle, the owner shall remove the
5 registration license plate therefrom and either return it or
6 transfer it to a replacement motor vehicle. No registration
7 license plate shall be temporarily or permanently attached to
8 any new or used replacement or substitute vehicle without
9 filing an application for transfer of such registration
10 license plate and paying the transfer fee of $2.25 $4.50 to
11 the department.
12 (5) For a transfer or exchange other than one
13 specified in paragraph (2)(b), the following provisions apply:
14 (a) If the replacement motor vehicle requires the same
15 amount of license tax under s. 320.08 as the original vehicle
16 to be replaced, no additional tax other than the transfer fee
17 of $2.25 $4.50, accompanied by an application for transfer on
18 a form supplied by the department, is required to transfer or
19 exchange a registration license plate for use on a replacement
20 vehicle for the duration of a current registration period and
21 to issue a new certificate of registration.
22 Section 6. Subsections (1) and (2), paragraphs (a),
23 (b), and (c) of subsection (3), and subsection (11) of section
24 320.08, Florida Statutes, are amended to read:
25 320.08 License taxes.--Except as otherwise provided
26 herein, there are hereby levied and imposed annual license
27 taxes for the operation of motor vehicles, mopeds, motorized
28 bicycles as defined in s. 316.003(2), and mobile homes, as
29 defined in s. 320.01, which shall be paid to and collected by
30 the department or its agent upon the registration or renewal
31 of registration of the following:
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1 (1) MOTORCYCLES, MOPEDS, MOTORIZED BICYCLES.--
2 (a) Any motorcycle: $5 $10 flat.
3 (b) Any moped: $2.50 $5 flat.
4 (c) Any motorized bicycle as defined in s. 316.003(2):
5 $2.50 $5 flat; however, annual renewal is not required.
6 (d) Upon registration of any motorcycle, motor-driven
7 cycle, or moped there shall be paid in addition to the license
8 taxes specified in this subsection a nonrefundable motorcycle
9 safety education fee in the amount of $2.50. The proceeds of
10 such additional fee shall be deposited in the Highway Safety
11 Operating Trust Fund and be used exclusively to fund a
12 motorcycle driver improvement program implemented pursuant to
13 s. 322.025 or the Florida Motorcycle Safety Education Program
14 established in s. 322.0255.
15 (e) An ancient, antique, or collectible motorcycle: $5
16 $10 flat.
17
18 The minimum charge provided in s. 320.14 does not apply to
19 this subsection.
20 (2) AUTOMOBILES FOR PRIVATE USE.--
21 (a) An ancient, antique, or collectible automobile as
22 defined in s. 320.086 or street rod as defined in s. 320.0863:
23 $3.75 $7.50 flat.
24 (b) Net weight of less than 2,500 pounds: $7.25 $14.50
25 flat.
26 (c) Net weight of 2,500 pounds or more, but less than
27 3,500 pounds: $11.25 $22.50 flat.
28 (d) Net weight of 3,500 pounds or more: $16.25 $32.50
29 flat.
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1 The minimum charge provided in s. 320.14 does not apply to
2 this subsection.
3 (3) TRUCKS.--
4 (a) Net weight of less than 2,000 pounds: $14.50 flat,
5 or $7.25 flat if for personal use.
6 (b) Net weight of 2,000 pounds or more, but not more
7 than 3,000 pounds: $22.50 flat, or $11.25 flat if for personal
8 use.
9 (c) Net weight more than 3,000 pounds, but not more
10 than 5,000 pounds: $32.50 flat, or $16.25 flat if for personal
11 use.
12 (11) MOBILE HOMES.--
13 (a) A mobile home not exceeding 35 feet in length: $10
14 $20 flat.
15 (b) A mobile home over 35 feet in length, but not
16 exceeding 40 feet: $12.50 $25 flat.
17 (c) A mobile home over 40 feet in length, but not
18 exceeding 45 feet: $15 $30 flat.
19 (d) A mobile home over 45 feet in length, but not
20 exceeding 50 feet: $17.50 $35 flat.
21 (e) A mobile home over 50 feet in length, but not
22 exceeding 55 feet: $20 $40 flat.
23 (f) A mobile home over 55 feet in length, but not
24 exceeding 60 feet: $22.50 $45 flat.
25 (g) A mobile home over 60 feet in length, but not
26 exceeding 65 feet: $25 $50 flat.
27 (h) A mobile home over 65 feet in length: $40 $80
28 flat.
29 Section 7. Each fiscal year, there shall be
30 appropriated from the General Revenue Fund an amount
31 sufficient to replace the revenues lost due to the reduction
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1 in fees provided by the amendments to ss. 320.06, 320.0607,
2 320.0609, and 320.08, Florida Statutes, by this act, based on
3 the prior fiscal year's collections. This appropriation shall
4 be distributed to the Highway Safety Operating Trust Fund, the
5 Capital Outlay and Debt Service School Trust Fund, the State
6 Transportation Trust Fund, and the License Tax Collection
7 Trust Fund proportionally in accordance with the requirements
8 for distribution of such fees provided in chapter 320, Florida
9 Statutes.
10 Section 8. Section 322.17, Florida Statutes, is
11 amended to read:
12 322.17 Duplicate and replacement certificates.--
13 (1)(a) In the event that an instruction permit or
14 driver's license issued under the provisions of this chapter
15 is lost or destroyed, the person to whom the same was issued
16 may, upon payment of $5 $10, obtain a duplicate, or substitute
17 thereof, upon furnishing proof satisfactory to the department
18 that such permit or license has been lost or destroyed, and
19 further furnishing the full name, date of birth, sex,
20 residence and mailing address, proof of birth satisfactory to
21 the department, and proof of identity satisfactory to the
22 department. Two dollars and fifty cents Five dollars of the
23 fee levied in this paragraph shall go to the Highway Safety
24 Operating Trust Fund of the department.
25 (b) In the event that an instruction permit or
26 driver's license issued under the provisions of this chapter
27 is stolen, the person to whom the same was issued may, at no
28 charge, obtain a duplicate, or substitute thereof, upon
29 furnishing proof satisfactory to the department that such
30 permit or license was stolen and further furnishing the full
31 name, date of birth, sex, residence and mailing address, proof
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1 of birth satisfactory to the department, and proof of identity
2 satisfactory to the department.
3 (2) Upon the surrender of the original license and the
4 payment of a $5 $10 replacement fee, the department shall
5 issue a replacement license to make a change in name, address,
6 or restrictions. Upon written request by the licensee and
7 notification of a change in address, and the payment of a $5
8 $10 fee, the department shall issue an address sticker which
9 shall be affixed to the back of the license by the licensee.
10 Four dollars and fifty cents Nine dollars of the fee levied in
11 this subsection shall go to the Highway Safety Operating Trust
12 Fund of the department.
13 Section 9. Subsection (1) of section 322.21, Florida
14 Statutes, is amended to read:
15 322.21 License fees; procedure for handling and
16 collecting fees.--
17 (1) Except as otherwise provided herein, the fee for:
18 (a) An original or renewal commercial driver's license
19 is $50, which shall include the fee for driver education
20 provided by s. 233.063; however, if an applicant has completed
21 training and is applying for employment or is currently
22 employed in a public or nonpublic school system that requires
23 the commercial license, the fee shall be the same as for a
24 Class E driver's license. A delinquent fee of $1 shall be
25 added for a renewal made not more than 12 months after the
26 license expiration date.
27 (b) An original Class D or Class E driver's license is
28 $10 $20, which shall include the fee for driver's education
29 provided by s. 233.063; however, if an applicant has completed
30 training and is applying for employment or is currently
31 employed in a public or nonpublic school system that requires
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1 a commercial driver license, the fee shall be the same as for
2 a Class E license.
3 (c) The renewal or extension of a Class D or Class E
4 driver's license or of a license restricted to motorcycle use
5 only is $7.50 $15, except that a delinquent fee of $1 shall be
6 added for a renewal or extension made not more than 12 months
7 after the license expiration date. The fee provided in this
8 paragraph shall include the fee for driver's education
9 provided by s. 233.063.
10 (d) An original driver's license restricted to
11 motorcycle use only is $10 $20, which shall include the fee
12 for driver's education provided by s. 233.063.
13 (e) Each endorsement required by s. 322.57 is $5.
14 Section 10. Each fiscal year, there shall be
15 appropriated from the General Revenue Fund an amount
16 sufficient to replace the revenues lost due to the reduction
17 in fees provided by the amendments to ss. 322.17 and 322.21,
18 Florida Statutes, by this act, based on the prior fiscal
19 year's collections. An appropriate proportion of this
20 appropriation shall be distributed to the Highway Safety
21 Operating Trust Fund in accordance with the distribution
22 requirements of s. 322.17(1)(a) and (2), Florida Statutes, and
23 the remainder shall be available for use by the Department of
24 Highway Safety and Motor Vehicles in accordance with s.
25 322.21(5), Florida Statutes.
26 Section 11. Paragraph (a) of subsection (2) and
27 paragraph (e) of subsection (6) of section 370.0605, Florida
28 Statutes, are amended to read:
29 370.0605 Saltwater fishing license required; fees.--
30 (2) Saltwater fishing license fees are as follows:
31
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1 (a)1. For a resident of the state, $5 $10 for a 10-day
2 license and $6 $12 for a 1-year license.
3 2. For a resident of the state, $30 $60 for 5
4 consecutive years from the date of purchase.
5 3. For a nonresident of the state, $5 for a 3-day
6 license, $15 for a 7-day license, and $30 for a 1-year
7 license.
8 4. For purposes of this section, "resident" has the
9 same meaning as that found in s. 372.001.
10 (6)
11 (e) A license or permit to replace a lost or destroyed
12 license or permit may be obtained by submitting an application
13 for replacement. The fee is $5 $10 for each application for
14 replacement of a lifetime license, $1 for each application for
15 replacement of any other license or permit for a resident, and
16 $2 for each application for replacement for any other license
17 or permit for a nonresident. Such fees shall be for the
18 purpose of, and the source from which is subtracted, all
19 administrative costs of issuing the license or permit,
20 including, but not limited to, printing, distribution, and
21 credit card fees. Tax collectors may retain $1 for each
22 application for a replacement license or permit processed.
23 Section 12. Subsection (2) of section 370.0615,
24 Florida Statutes, is amended to read:
25 370.0615 Lifetime licenses.--
26 (2) The fee for a resident lifetime saltwater fishing
27 license shall be:
28 (a) 4 years of age or younger..............$62.50 $125
29 (b) 5-12 years of age.....................$112.50 $225
30 (c) 13 years of age or older.................$150 $300
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1 Section 13. Subsection (1) of section 370.062, Florida
2 Statutes, is amended to read:
3 370.062 Department of Environmental Protection license
4 program for tarpon; fees; penalties.--
5 (1) The Department of Environmental Protection shall
6 establish a license program for the purpose of issuing tags to
7 individuals desiring to harvest tarpon (megalops atlantica)
8 from the waters of the State of Florida. The tags shall be
9 nontransferable, except that the Marine Fisheries Commission
10 may allow for a limited number of tags to be purchased by
11 professional fishing guides for transfer to individuals, and
12 issued by the department in order of receipt of a properly
13 completed application for a nonrefundable fee of $25 $50 per
14 tag. The Game and Fresh Water Fish Commission and any tax
15 collector may sell the tags and collect the fees therefor.
16 Tarpon tags are valid from July 1 through June 30. Before
17 August 5 of each year, each tax collector shall submit to the
18 Game and Fresh Water Fish Commission all unissued tags for the
19 previous calendar year along with a written audit report, on
20 forms prescribed or approved by the Game and Fresh Water Fish
21 Commission, as to the numbers of the unissued tags. To defray
22 the cost of issuing any tag, the issuing tax collector shall
23 collect and retain as his or her costs, in addition to the tag
24 fee collected, the amount allowed under s. 372.561(4) for the
25 issuance of licenses.
26 Section 14. Paragraph (a) of subsection (1) of section
27 370.1111, Florida Statutes, is amended to read:
28 370.1111 Snook; regulation.--
29 (1)(a) In addition to licenses required by s.
30 370.0605, any person who takes and possesses any snook from
31 any waters of the state must have a snook permit. The permit
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1 remains valid for 12 months after the date of issuance. The
2 cost of each snook permit is $1 $2. Each snook permit issued
3 pursuant to this section is valid only during the times
4 established by law for the taking of snook. The Game and
5 Fresh Water Fish Commission, any tax collector, or any
6 appointed subagent may sell the permit and collect the fees
7 therefor.
8 Section 15. Each fiscal year, there shall be
9 appropriated from the General Revenue Fund an amount
10 sufficient to replace the revenues lost due to the reduction
11 in fees provided by the amendments to ss. 370.0605, 370.0615,
12 370.062, and 370.1111, Florida Statutes, by this act, based on
13 the prior fiscal year's collections. This appropriation shall
14 be distributed to the Marine Resources Conservation Trust Fund
15 and the Dedicated License Trust Fund proportionally in
16 accordance with the requirements for distribution of such fees
17 provided in chapters 370 and 372, Florida Statutes.
18 Section 16. Subsections (2), (8), (10), (12), and (14)
19 of section 372.57, Florida Statutes, are amended to read:
20 372.57 Licenses and permits; exemptions; fees.--No
21 person, except as provided herein, shall take game, freshwater
22 fish, or fur-bearing animals within this state without having
23 first obtained a license, permit, or authorization and paid
24 the fees hereinafter set forth, unless such license is issued
25 without fee as provided in s. 372.561. Such license, permit,
26 or authorization shall authorize the person to whom it is
27 issued to take game, freshwater fish, or fur-bearing animals
28 in accordance with law and commission rules. Such license,
29 permit, or authorization is not transferable. Each license or
30 permit must bear on its face in indelible ink the name of the
31 person to whom it is issued and other information requested by
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1 the commission. Such license, permit, or authorization issued
2 by the commission or any agent must be in the personal
3 possession of the person to whom issued while taking game,
4 freshwater fish, or fur-bearing animals. The failure of such
5 person to exhibit such license, permit, or authorization to
6 the commission or its wildlife officers, when such person is
7 found taking game, freshwater fish, or fur-bearing animals, is
8 a violation of law. A positive form of identification is
9 required when using an authorization, a lifetime license, a
10 5-year license, or when otherwise required by the license or
11 permit. The lifetime licenses and 5-year licenses provided
12 herein shall be embossed with the name, date of birth, the
13 date of issuance, and other pertinent information as deemed
14 necessary by the commission. A certified copy of the
15 applicant's birth certificate shall accompany all applications
16 for a lifetime license for residents 12 years of age and
17 younger.
18 (2) For residents and nonresidents, the license and
19 fees for noncommercial fishing and for hunting and trapping in
20 this state, and the activity authorized thereby, are as
21 follows:
22 (a) A fishing license for a resident to take
23 freshwater fish in this state is $6 $12.
24 (b)1. A fishing license for a nonresident to take
25 freshwater fish in this state for 7 consecutive days is $15.
26 2. A fishing license for a nonresident to take
27 freshwater fish for 3 consecutive days is $5.
28 (c) A fishing license for a nonresident to take
29 freshwater fish in this state is $30.
30
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1 (d) A combination fishing and hunting license for a
2 resident to take freshwater fish and game in this state is $11
3 $22.
4 (e) A hunting license for a resident to take game in
5 this state is $5.50 $11.
6 (f) A hunting license for a nonresident to take game
7 in this state is $150.
8 (g) A hunting license for a nonresident to take game
9 in this state for 10 consecutive days is $25.
10 (h) A license for a resident and nonresident to take
11 fur-bearing animals in this state is $12.50 $25, and a license
12 for a nonresident to take fur-bearing animals in this state is
13 $25.
14 (i) A sportsman's license for a resident is $33 $66.
15 The sportsman's license authorizes the holder to take
16 freshwater fish and game, subject to state and federal
17 regulations and rules of the commission in effect at the time
18 of taking, and authorizes the same activities authorized by a
19 management area permit, a muzzle-loading gun permit, a turkey
20 permit, a Florida waterfowl permit, and an archery permit. A
21 nonresident may not purchase a sportsman's license.
22 (8) The fee for a resident lifetime sportsman's
23 license is:
24 (a) 4 years of age or younger................$200 $400
25 (b) 5-12 years of age........................$350 $700
26 (c) 13-63 years of age or older............$500 $1,000
27 (d) 64 years of age or older....................$6 $12
28 (10) The fee for a resident lifetime hunting license
29 shall be:
30 (a) 4 years of age or younger................$100 $200
31 (b) 5-12 years of age........................$175 $350
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1 (c) 13 years of age or older.................$250 $500
2 (12) The fee for a resident lifetime freshwater
3 fishing license shall be:
4 (a) 4 years of age or younger..............$62.50 $125
5 (b) 5-12 years of age.....................$112.50 $225
6 (c) 13 years of age or older.................$150 $300
7 (14) The following 5-year licenses are authorized:
8 (a) A 5-year freshwater fishing license for a resident
9 to take or attempt to take or possess freshwater fish in this
10 state for 5 consecutive years is $30 $60 and authorizes the
11 holder to engage in the following noncommercial activities:
12 1. To take or attempt to take or possess freshwater
13 fish consistent with state and federal regulations and rules
14 of the commission in effect at the time of taking.
15 2. All activities authorized by a management area
16 permit, excluding hunting.
17 3. All activities for which an additional license,
18 permit, or fee is required to take or attempt to take or
19 possess freshwater fish, imposed subsequent to the date of
20 purchase of the 5-year resident freshwater fishing license
21 until the date of expiration.
22 (b) A 5-year hunting license for a resident to take or
23 attempt to take or possess game in this state for 5
24 consecutive years is $135 $270 and authorizes the holder to
25 engage in the following noncommercial activities:
26 1. To take or attempt to take or possess game
27 consistent with state and federal regulations and rules of the
28 commission in effect at the time of taking.
29 2. All activities authorized by a management area
30 permit, excluding fishing, a muzzle-loading gun permit, a
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1 turkey permit, an archery permit, and a Florida waterfowl
2 permit.
3 3. All activities for which an additional license,
4 permit, or fee may be required to take or attempt to take or
5 possess game, imposed subsequent to the date of purchase of
6 the 5-year resident hunting license until the date of
7 expiration.
8 Section 17. Section 372.60, Florida Statutes, is
9 amended to read:
10 372.60 Issuing of replacement license or permit.--A
11 license or permit to replace a lost or destroyed license may
12 be obtained by submitting an application requesting
13 replacement. The fee is $5 $10 for each application for a
14 replacement of a lifetime license, $1 for each application for
15 replacement for any other license or permit for a resident,
16 and $2 for each application for replacement for any other
17 license or permit for a nonresident, which shall be for the
18 purpose of, and the source from which is subtracted, all
19 administrative costs of issuing the license or permit,
20 including, but not limited to, printing, distribution, and
21 credit card fees. The office of the tax collector may retain
22 $1 for each application for a replacement license. Fees
23 collected from the issuance of replacement lifetime licenses
24 and 5-year licenses shall be deposited into the Dedicated
25 License Trust Fund and shall be available for appropriation.
26 Section 18. Each fiscal year, there shall be
27 appropriated from the General Revenue Fund an amount
28 sufficient to replace the revenues lost due to the reduction
29 in fees provided by the amendments to ss. 372.57 and 372.60,
30 Florida Statutes, by this act, based on the prior fiscal
31 year's collections. This appropriation shall be distributed to
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1 the State Game Trust Fund, the Lifetime Fish and Wildlife
2 Trust Fund, the Dedicated License Trust Fund, and the Marine
3 Resources Conservation Trust Fund proportionally in accordance
4 with the requirements for distribution of such fees provided
5 in chapters 370 and 372, Florida Statutes.
6 Section 19. This act shall take effect July 1 of the
7 year following the year in which enacted.
8
9 *****************************************
10 HOUSE SUMMARY
11
Creates the Florida Family Tax Relief Act of 1998.
12
13 Provides sales tax exemptions for all foods and beverages
as defined in the federal Food Stamp Act, for the first
14 $7,500 of value of certain automobiles titled to a
resident, for clothing for children under 10, and for
15 home appliances and personal computers.
16
Reduces the following fees by half:
17 1. Fees for original and replacement license plates
and replacement validation decals and mobile home
18 stickers, and for transfer of license plates.
2. License taxes for motorcycles, mopeds, motorized
19 bicycles, automobiles for private use, trucks for
personal use, and mobile homes.
20 3. Fees for Class D and Class E driver's licenses,
licenses restricted to motorcycle use, and renewal
21 thereof, and fees for duplicate and replacement
instruction permits and driver's licenses.
22 4. Fees for resident saltwater fishing licenses and
replacement thereof, and for tarpon tags and snook
23 permits.
5. Fees for resident hunting and freshwater fishing
24 and sportsman's licenses and replacement licenses.
25
Provides annual appropriations to replace revenues lost
26 as a result of such fee reductions.
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