House Bill 4407c1
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Florida House of Representatives - 1998 CS/HB 4407
By the Committee on Governmental Operations and
Representatives Byrd, Fasano, Feeney, Peaden, Maygarden,
Murman, Tamargo, Arnall, Bitner, Wallace, Putnam, Harrington,
Flanagan, Kelly, Westbrook, Burroughs, Littlefield, Lacasa,
(Additional Sponsors on Last Printed Page)
1 A bill to be entitled
2 An act relating to tax relief for Florida's
3 residents; creating the Florida Residents' Tax
4 Relief Act of 1998; amending s. 199.185, F.S.;
5 providing an exemption from intangible personal
6 property taxes for a note or other obligation
7 taken by a motor vehicle dealer as part of a
8 deferred down payment under specified
9 conditions; amending s. 212.0601, F.S.;
10 providing that a motor vehicle which a motor
11 vehicle dealer requires an employee to use is
12 subject to the use tax under said section, and
13 not to any additional tax under chapter 212;
14 amending s. 212.08, F.S.; revising the
15 exemption from the tax on sales, use, and other
16 transactions for food; providing exemptions for
17 a portion of the value of certain automobiles,
18 for home appliances, and for personal
19 computers; providing an exemption for sales of
20 clothing with a value of $50 or less during
21 specified periods in August 1998 and January
22 1999; providing a definition; providing for
23 rules; amending s. 320.06, F.S.; reducing the
24 fee for replacement license plates; amending s.
25 320.0607, F.S.; reducing the fees for original
26 license plates and for replacement plates,
27 validation decals, and mobile home stickers;
28 amending s. 320.0609, F.S.; reducing the fee
29 for transfer of license plates; amending s.
30 320.08, F.S.; reducing license taxes for
31 motorcycles, mopeds, motorized bicycles,
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1 automobiles for private use, trucks for
2 personal use, and mobile homes; amending s.
3 322.17, F.S.; reducing fees for duplicate and
4 replacement instruction permits and driver's
5 licenses; amending s. 322.21, F.S.; reducing
6 fees for Class D or Class E driver's licenses,
7 licenses restricted to motorcycle use, and
8 renewal or extension thereof; amending s.
9 370.0605, F.S.; reducing fees for resident
10 saltwater fishing licenses and replacement
11 thereof; amending s. 370.0615, F.S.; reducing
12 fees for resident lifetime saltwater fishing
13 licenses; amending s. 370.062, F.S.; reducing
14 the tarpon tag fee; amending s. 370.1111, F.S.;
15 reducing the snook permit fee; amending s.
16 372.57, F.S.; reducing fees for resident
17 hunting and freshwater fishing and sportman's
18 licenses; amending s. 372.60, F.S.; reducing
19 fees for replacement of such licenses or
20 permits; providing for annual appropriations to
21 replace revenues lost as a result of such fee
22 reductions and providing for distribution
23 thereof; providing effective dates.
24
25 WHEREAS, Florida's families play a vital positive role
26 in the welfare of this state, and
27 WHEREAS, Florida's government has grown faster than
28 household income, which has had an adverse impact on the
29 typical family's ability to meet the ever-increasing needs of
30 the family unit, and
31
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1 WHEREAS, Florida residents have invested their efforts
2 and trust in the state's economy, resulting in significant
3 amounts of new revenue flowing to the state, and
4 WHEREAS, good public policy dictates that the windfall
5 of the robust economy should benefit Florida's residents and
6 not produce a larger governmental structure, NOW, THEREFORE,
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. This act may be cited as the "Florida
11 Residents' Tax Relief Act of 1998."
12 Section 2. Paragraph (l) is added to subsection (1) of
13 section 199.185, Florida Statutes, to read:
14 199.185 Property exempted from annual and nonrecurring
15 taxes.--
16 (1) The following intangible personal property shall
17 be exempt from the annual and nonrecurring taxes imposed by
18 this chapter:
19 (l) Any note or other obligation taken by a motor
20 vehicle dealer as part of a deferred down payment for the
21 purchase of a motor vehicle, if the note or other obligation
22 is due and payable within 10 days after issuance, and the tax
23 imposed under chapter 212 is paid on that purchase.
24 Section 3. Subsection (3) is added to section
25 212.0601, Florida Statutes, to read:
26 212.0601 Use taxes of vehicle dealers.--
27 (1) Each motor vehicle dealer who is required by s.
28 320.08(12) to purchase one or more dealer license plates shall
29 pay an annual use tax of $27 for each dealer license plate
30 purchased under that subsection, in addition to the license
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1 tax imposed by that subsection. The use tax shall be for the
2 year for which the dealer license plate was purchased.
3 (2) There shall be no additional tax imposed by this
4 chapter for the use of a dealer license plate for which, after
5 July 1, 1987, a dealer use tax has been paid under this
6 section. This exemption shall apply to the time period before
7 the sale or any other disposition of the vehicle throughout
8 the year for which the dealer license plate required by s.
9 320.08(12) is purchased.
10 (3) When a motor vehicle dealer requires an employee
11 to use a motor vehicle from the dealer's inventory as a
12 condition of employment, that vehicle shall be subject to the
13 provisions of this section, and no additional tax shall be
14 imposed on the vehicle under this chapter while it is being
15 used by the employee.
16 Section 4. Subsection (1) of section 212.08, Florida
17 Statutes, is amended, paragraphs (qq), (rr), and (ss) are
18 added to subsection (7) of said section, and, effective upon
19 this act becoming a law, paragraph (tt) is added to said
20 subsection, to read:
21 212.08 Sales, rental, use, consumption, distribution,
22 and storage tax; specified exemptions.--The sale at retail,
23 the rental, the use, the consumption, the distribution, and
24 the storage to be used or consumed in this state of the
25 following are hereby specifically exempt from the tax imposed
26 by this chapter.
27 (1) EXEMPTIONS; FOODS AND BEVERAGES GENERAL
28 GROCERIES.--
29 (a) The sale for off-premises human consumption or use
30 of eligible foods and beverages is exempt from the tax imposed
31 by this chapter. As used in this paragraph, "eligible foods
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1 and beverages" means any food as defined in section 3 of the
2 federal Food Stamp Act of 1977 (Pub. L. No. 95-113), as
3 amended, 7 U.S.C.A. s. 2012(g), except that eligible foods and
4 beverages shall not include seeds or plants to grow food and
5 shall not include There are exempt from the tax imposed by
6 this chapter food and drinks for human consumption except
7 candy. Unless the exemption provided by paragraph (7)(q) for
8 school lunches, paragraph (7)(i) for meals to certain patients
9 or inmates, paragraph (7)(k) for meals provided by certain
10 nonprofit organizations, or paragraph (7)(z) for food or
11 drinks sold through vending machines pertains, none of such
12 items of food or drinks means:
13 1. Food or drinks served, prepared, or sold in or by
14 restaurants; drugstores; lunch counters; cafeterias; hotels;
15 amusement parks; racetracks; taverns; concession stands at
16 arenas, auditoriums, carnivals, fairs, stadiums, theaters, or
17 other like places of business; or by any business or place
18 required by law to be licensed by the Division of Hotels and
19 Restaurants of the Department of Business and Professional
20 Regulation, except bakery products sold in or by pastry shops,
21 doughnut shops, or like establishments for consumption off the
22 premises;
23 2. foods and drinks sold ready for immediate
24 consumption from vending machines, pushcarts, motor vehicles,
25 or any other form of vehicle.;
26 3. Soft drinks, which include, but are not limited to,
27 any nonalcoholic beverage, any preparation or beverage
28 commonly referred to as a "soft drink," or any noncarbonated
29 drink made from milk derivatives or tea, when sold in cans or
30 similar containers. The term "soft drink" does not include:
31 natural fruit or vegetable juices or their concentrates or
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1 reconstituted natural concentrated fruit or vegetable juices,
2 whether frozen or unfrozen, dehydrated, powdered, granulated,
3 sweetened or unsweetened, seasoned with salt or spice, or
4 unseasoned; coffee or coffee substitutes; tea except when sold
5 in containers as provided herein; cocoa; products intended to
6 be mixed with milk; or natural fluid milk;
7 4. Foods or drinks cooked or prepared on the seller's
8 premises and sold ready for immediate consumption either on or
9 off the premises, excluding bakery products for off-premises
10 consumption unless such foods are taxed under subparagraph 1.
11 or subparagraph 2.; or
12 5. Sandwiches sold ready for immediate consumption.
13
14 For the purposes of this paragraph, "seller's premises" shall
15 be construed broadly, and means, but is not limited to, the
16 lobby, aisle, or auditorium of a theater; the seating, aisle,
17 or parking area of an arena, rink, or stadium; or the parking
18 area of a drive-in or outdoor theater. The premises of a
19 caterer with respect to catered meals or beverages shall be
20 the place where such meals or beverages are served.
21 (b)1. Food or drinks not exempt under paragraph (a)
22 shall be exempt, notwithstanding that paragraph, when
23 purchased with food coupons or Special Supplemental Food
24 Program for Women, Infants, and Children vouchers issued under
25 authority of federal law.
26 2. This paragraph is effective only while federal law
27 prohibits a state's participation in the federal food coupon
28 program or Special Supplemental Food Program for Women,
29 Infants, and Children if there is an official determination
30 that state or local sales taxes are collected within that
31 state on purchases of food or drinks with such coupons.
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1 3. This paragraph shall not apply to any food or
2 drinks on which federal law shall permit sales taxes without
3 penalty, such as termination of the state's participation.
4 4. Notwithstanding any other provision of law, the
5 department shall make refunds or allow credits to a
6 distributor equal to the fee imposed and paid under s.
7 403.7197 on containers purchased by consumers with food
8 coupons or Special Supplemental Food Program for Women,
9 Infants, and Children vouchers issued under authority of
10 federal law.
11 (7) MISCELLANEOUS EXEMPTIONS.--
12 (qq) Automobiles.--The first $7,500 of taxable value
13 of an automobile with a gross vehicle weight of less than 2
14 tons titled under chapter 319 by a natural person who is a
15 resident of this state is exempt from the tax imposed by this
16 chapter.
17 (rr) Home appliances.--The sale of any home appliance
18 intended for primary use in property that has been granted a
19 homestead exemption under chapter 196 is exempt from the tax
20 imposed by this chapter.
21 (ss) Personal computers.--The sale of a computer, as
22 defined by s. 815.03, to a natural person for personal use is
23 exempt from the tax imposed by this chapter.
24 (tt) Clothing.--
25 1. No tax levied under the provisions of this chapter
26 shall be collected on sales of clothing having a taxable value
27 of $50 or less during the following periods:
28 a. From 12:01 a.m., August 15, 1998, through midnight,
29 August 21, 1998.
30 b. From 12:01 a.m., January 15, 1999, through
31 midnight, January 17, 1999.
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1 2. As used in this paragraph, "clothing" means any
2 article of wearing apparel, including footwear, intended to be
3 worn on or about the human body. For purposes of this
4 paragraph, "clothing" does not include watches, watchbands,
5 jewelry, handbags, handkerchiefs, umbrellas, scarves, ties,
6 headbands, or belt buckles.
7 3. The Department of Revenue is authorized to adopt
8 rules pursuant to chapter 120 to carry out the provisions of
9 this paragraph.
10 Section 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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
31
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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
31
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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 19. 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 20. 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 21. Except as otherwise provided herein, this
7 act shall take effect July 1 of the year following the year in
8 which enacted.
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13 ADDITIONAL SPONSORS
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Sembler, Mackey, Ogles, Ball, Crow, Culp, Rojas, Thrasher and
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Starks
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