Senate Bill 0872

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    Florida Senate - 1998                                   SB 872

    By Senator Kirkpatrick





    5-638A-98

  1                      A bill to be entitled

  2         An act relating to game and fishing licenses;

  3         amending s. 370.0605, F.S.; deleting a

  4         short-term saltwater fishing license; amending

  5         s. 372.16, F.S.; revising the license fee for

  6         private game preserves and farms; amending s.

  7         372.561, F.S.; providing for the value of a

  8         universal form or stamp; amending s. 372.57,

  9         F.S.; revising age categories for certain

10         licenses; creating s. 372.579, F.S.;

11         authorizing the Game and Fresh Water Fish

12         Commission to establish processing fees;

13         amending s. 372.661, F.S.; revising the license

14         fee for a private hunting preserve; amending s.

15         372.672, F.S.; providing an additional purpose

16         for the use of funds from the Florida Panther

17         Research and Management Trust Fund; amending s.

18         372.674, F.S.; authorizing the use of the

19         Florida Panther Research and Management Trust

20         Fund for environmental education projects;

21         amending s. 372.87, F.S.; revising the license

22         fee for possessing venomous reptiles; amending

23         s. 372.921, F.S.; revising licenses and fees

24         for the exhibition of wildlife; amending s.

25         372.922, F.S.; revising licenses and fees for

26         the personal possession of wildlife; providing

27         an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 1998                                   SB 872
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  1         Section 1.  Paragraph (a) of subsection (2) of section

  2  370.0605, Florida Statutes, is amended to read:

  3         370.0605  Saltwater fishing license required; fees.--

  4         (2)  Saltwater fishing license fees are as follows:

  5         (a)1.  For a resident of the state, $10 for a 10-day

  6  license and $12 for a 1-year license.

  7         2.  For a resident of the state, $60 for 5 consecutive

  8  years from the date of purchase.

  9         3.  For a nonresident of the state, $5 for a 3-day

10  license, $15 for a 7-day license, and $30 for a 1-year

11  license.

12         4.  For purposes of this section, "resident" has the

13  same meaning as that found in s. 372.001.

14         Section 2.  Subsection (4) of section 372.16, Florida

15  Statutes, is amended to read:

16         (4)  Any person violating the provisions of this

17  section shall for the first offense be guilty of a misdemeanor

18  of the second degree, punishable as provided in s. 775.082 or

19  s. 775.083, and for a second or subsequent offense shall be

20  guilty of a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083.  Any person convicted of

22  violating the provisions of this section shall forfeit, to the

23  Game and Fresh Water Fish Commission, any license or permit

24  issued under the provisions hereof; and no further license or

25  permit shall be issued to such person for a period of 1 year

26  following such conviction. Before any private game preserve or

27  farm is established, the owner or operator shall secure a

28  license from the Game and Fresh Water Fish Commission, the fee

29  for which shall be $25 $5 per year.

30         Section 3.  Subsection (6) of section 372.561, Florida

31  Statutes, is amended to read:

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  1         372.561  Issuance of licenses to take wild animal life

  2  or freshwater aquatic life; costs; reporting.--

  3         (6)(a)  Tax collectors shall remit license and permit

  4  moneys, along with a report of funds collected and other

  5  required documentation, to the commission within 7 days

  6  following the last business day of the week in which the fees

  7  were received by the tax collector.  The tax collector shall

  8  maintain records of all such licenses and permits which are

  9  sold, and all stamps issued voided, stolen, or lost.  The tax

10  collector is responsible to the commission for the fee for all

11  licenses and permits sold and for the value of all universal

12  forms or stamps reported as lost.  The tax collector shall

13  report stolen permits to the appropriate law enforcement

14  agency.  The tax collector shall submit a written report and a

15  copy of the law enforcement agency's report to the commission

16  within 5 days after discovering the theft.  The value of a

17  universal form or validation stamp is $25 $5.

18         (b)  Tax collectors are also responsible for fees for

19  all licenses and permits sold by their subagents and for the

20  value of all universal forms or stamps reported as lost.  The

21  commission may adopt rules to implement this section.

22         (c)  Not later than August 15 of each year, each county

23  tax collector shall submit to the commission all unissued

24  stamps or universal forms for the previous year along with a

25  written audit report, on forms prescribed or approved by the

26  commission, of the numbers of the unissued stamps or universal

27  forms.

28         Section 4.  Paragraph (g) is added to subsection (4) of

29  section 372.57, Florida Statutes, and subsection (8) of that

30  section is 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 within this state without having

  4  first obtained a license, permit, or authorization and paid

  5  the fees hereinafter set forth, unless such license is issued

  6  without fee as provided in s. 372.561. Such license, permit,

  7  or authorization shall authorize the person to whom it is

  8  issued to take game, freshwater fish, or fur-bearing animals

  9  in accordance with law and commission rules. Such license,

10  permit, or authorization is not transferable.  Each license or

11  permit must bear on its face in indelible ink the name of the

12  person to whom it is issued and other information requested by

13  the commission.  Such license, permit, or authorization issued

14  by the commission or any agent must be in the personal

15  possession of the person to whom issued while taking game,

16  freshwater fish, or fur-bearing animals. The failure of such

17  person to exhibit such license, permit, or authorization to

18  the commission or its wildlife officers, when such person is

19  found taking game, freshwater fish, or fur-bearing animals, is

20  a violation of law.  A positive form of identification is

21  required when using an authorization, a lifetime license, a

22  5-year license, or when otherwise required by the license or

23  permit.  The lifetime licenses and 5-year licenses provided

24  herein shall be embossed with the name, date of birth, the

25  date of issuance, and other pertinent information as deemed

26  necessary by the commission.  A certified copy of the

27  applicant's birth certificate shall accompany all applications

28  for a lifetime license for residents 12 years of age and

29  younger.

30         (4)  In addition to any license required by this

31  chapter, the following permits and fees for certain hunting,

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  1  fishing, and recreational uses, and the activities authorized

  2  thereby, are:

  3         (g)  The fee for a permanent hunting and fishing

  4  license for a resident 64 years of age or older is $12.

  5         (8)  The fee for a resident lifetime sportsman's

  6  license is:

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

  8         (b)  5-12 years of age.............................$700

  9         (c)  13-64 13-63 years of age or older...........$1,000

10         (d)  64 years of age or older.......................$12

11         Section 5.  Section 372.579, Florida Statutes, is

12  created to read:

13         372.579  Processing fees for licenses and permits.--The

14  commission may by rule establish a processing fee of up to

15  $100 for each license or permit required by chapter 39,

16  Florida Administrative Code. The commission shall submit an

17  annual report to the President of the Senate and the Speaker

18  of the House of Representatives on any rule adopted under this

19  section.

20         Section 6.  Subsection (1) of section 372.661, Florida

21  Statutes, is amended to read:

22         372.661  Private hunting preserve, license;

23  exception.--

24         (1)  Any person who operates a private hunting preserve

25  commercially or otherwise shall be required to pay a license

26  fee of $50 $25 for each such preserve; provided, however, that

27  during the open season established for wild game of any

28  species a private individual may take artificially propagated

29  game of such species up to the bag limit prescribed for the

30  particular species without being required to pay the license

31  fee required by this section; provided further that if any

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    Florida Senate - 1998                                   SB 872
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  1  such individual shall charge a fee for taking such game she or

  2  he shall be required to pay the license fee required by this

  3  section and to comply with the rules and regulations of the

  4  Game and Fresh Water Fish Commission relative to the operation

  5  of private hunting preserves.

  6         Section 7.  Paragraph (d) is added to subsection (2) of

  7  section 372.672, Florida Statutes, to read:

  8         372.672  Florida Panther Research and Management Trust

  9  Fund.--

10         (2)  Money from the fund shall be spent only for the

11  following purposes:

12         (d)  To fund and to administer education programs

13  authorized by s. 372.674.

14         Section 8.  Subsections (6) and (7) of section 372.674,

15  Florida Statutes, are amended to read:

16         372.674  Environmental education.--

17         (6)  The advisory council shall:

18         (a)  Serve as a forum for the discussion and study of

19  problems that affect the environment which could be improved

20  with environmental education.

21         (b)  Develop a recommended priority list for projects

22  to be funded through the Florida Panther Research and

23  Management Trust Fund and the Save the Manatee Trust Fund and

24  review and evaluate projects implemented through the fund.

25         (c)  Review and evaluate annual funding needs for

26  educational activities and materials which will assist Florida

27  public school students, teachers, and administrators in the

28  perception and understanding of ecological principles and

29  environmental problems.

30         (d)  Cooperate with the Department of Education in

31  evaluating annual project proposals for projects to be funded

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  1  through the Florida Panther Research and Management Trust Fund

  2  and the Save the Manatee Trust Fund to develop and distribute

  3  model instructional materials for use in environmental

  4  education to integrate environmental education into the

  5  general curriculum of public school districts, community

  6  colleges, and universities.

  7         (e)  Cooperate with the Department of Environmental

  8  Protection in evaluating annual proposals for projects to be

  9  funded through the Florida Panther Research and Management

10  Trust Fund and the Save the Manatee Trust Fund that can

11  promote an understanding about environmental protection

12  programs and activities administered by the department.

13         (f)  Not less than 90 days prior to each regular

14  session of the Legislature, prepare an annual report of its

15  activities and recommendations and transmit it to the

16  Governor, the President of the Senate, and the Speaker of the

17  House of Representatives.

18         (7)  The Game and Fresh Water Fish Commission shall

19  review the recommended list of projects to be funded from the

20  Florida Panther Research and Management Trust Fund and the

21  Save the Manatee Trust Fund by August of each year and make a

22  final determination of projects to receive grants from

23  available appropriations by the Legislature.  The commission

24  shall act upon the recommended list within 45 days after

25  receipt of the list.

26         Section 9.  Section 372.87, Florida Statutes, is

27  amended to read:

28         372.87  License fee; renewal, revocation.--The Florida

29  Game and Fresh Water Fish Commission is hereby authorized and

30  empowered to issue a license or permit for the keeping,

31  possessing or exhibiting of poisonous or venomous reptiles,

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  1  upon payment of an annual fee of $25 $5 and upon assurance

  2  that all of the provisions of ss. 372.86-372.91 and such other

  3  reasonable rules and regulations as said commission may

  4  prescribe will be fully complied with in all respects.  Such

  5  permit may be revoked by the Florida Game and Fresh Water Fish

  6  Commission upon violation of any of the provisions of ss.

  7  372.86-372.91 or upon violation of any of the rules and

  8  regulations prescribed by said commission relating to the

  9  keeping, possessing and exhibiting of any poisonous and

10  venomous reptiles.  Such permits or licenses shall be for an

11  annual period to be prescribed by the said commission and

12  shall be renewable from year to year upon the payment of said

13  $25 $5 fee and shall be subject to the same conditions,

14  limitations and restrictions as herein set forth.

15         Section 10.  Subsection (2) of section 372.921, Florida

16  Statutes, is amended, present subsections (5), (6), (7), and

17  (8) of that section are redesignated as subsections (6), (7),

18  (8), and (9), respectively, and a new subsection (5) is added

19  to that section to read:

20         372.921  Exhibition of wildlife.--

21         (2)  The fees to be paid for the issuance of permits

22  required by subsection (1) shall be as follows:

23         (a)  For not more than 25 10 Class I or Class II

24  individual specimens in the aggregate of all species, the sum

25  of $100 $5 per annum.

26         (b)  For over 25 10 Class I or Class II individual

27  specimens in the aggregate of all species, the sum of $250 $25

28  per annum.

29         (c)  For any number of Class III individual specimens

30  in the aggregate of all species, the sum of $25 per annum.

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  1  The fees prescribed by this section shall be submitted to the

  2  Game and Fresh Water Fish Commission with the application for

  3  permit required by subsection (1) and shall be deposited in

  4  the State Game Fund.

  5         (5)  In instances when wildlife is seized or taken into

  6  custody by the commission, the owners or possessors of the

  7  wildlife are responsible for payment of all expenses relative

  8  to the capture, transport, boarding, veterinary care, or other

  9  costs associated with or incurred due to the seizure or

10  custody of the wildlife. The expenses must be paid by the

11  owners or possessors upon any conviction or finding of guilt

12  of a criminal or noncriminal violation, regardless of

13  adjudication or plea entered, of any provision of chapter 372

14  or chapter 828, or rules of the commission, or if such

15  violation is disposed of under s. 921.187. Failure to pay the

16  expenses may be grounds for revocation or denial of permits to

17  those persons to possess wildlife.

18         Section 11.  Subsections (2) and (3) of section

19  372.922, Florida Statutes, are amended, present subsections

20  (4), (5), and (6) of that section are redesignated as

21  subsections (5), (6), and (7), respectively, and a new

22  subsection (4) is added to that section to read:

23         372.922  Personal possession of wildlife.--

24         (1)  It is unlawful for any person or persons to

25  possess any wildlife as defined in this act, whether

26  indigenous to Florida or not, until she or he has obtained a

27  permit as provided by this section from the Game and Fresh

28  Water Fish Commission.

29         (2)  The classifications of types of wildlife and fees

30  to be paid for the issuance of permits shall be as follows:

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  1         (a)  Class I--Wildlife which, because of its nature,

  2  habits, or status, shall not be possessed as a personal pet.

  3         (b)  Class II--Wildlife considered to present a real or

  4  potential threat to human safety, the sum of $50 $100 per

  5  annum.

  6         (c)  Class III--The sum of up to $25 per annum.

  7         (3)  The commission shall promulgate regulations

  8  defining Class I, and II, and III types of wildlife.  The

  9  commission shall also establish regulations and requirements

10  necessary to ensure that permits are granted only to persons

11  qualified to possess and care properly for wildlife and that

12  permitted wildlife possessed as personal pets will be

13  maintained in sanitary surroundings and appropriate

14  neighborhoods.

15         (4)  In instances when wildlife is seized or taken into

16  custody by the commission, the owners or possessors of the

17  wildlife are responsible for payment of all expenses relative

18  to the capture, transport, boarding, veterinary care, or other

19  costs associated with or incurred due to the seizure or

20  custody of the wildlife. The expenses must be paid by the

21  owners or possessors upon any conviction or finding of guilt

22  of a criminal or noncriminal violation, regardless of

23  adjudication or plea entered, of any provision of chapter 372

24  or chapter 828, or rules of the commission, or if such

25  violation is disposed of under s. 921.187. Failure to pay the

26  expenses may be grounds for revocation or denial of permits to

27  those persons to possess wildlife.

28         Section 12.  This act shall take effect July 1, 1998.

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  2                          SENATE SUMMARY

  3    Deletes a saltwater fishing license and fee. Provides for
      changes in the amounts of several license fees issued by
  4    the Game and Fresh Water Fish Commission. Revises
      conditions for the issuance of certain licenses.
  5    Authorizes the commission to establish processing fees by
      administrative rule. Authorizes the use of the Florida
  6    Panther Research and Management Trust Fund for
      environmental education projects.
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