House Bill 0589

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    Florida House of Representatives - 1999                 HB 589

        By the Committee on Transportation and Representative K.
    Smith





  1                      A bill to be entitled

  2         An act relating to vessel registration;

  3         designating chapter 328, F.S., as part I of

  4         chapter 328, F.S., entitled "Vessels; title

  5         certificates; liens"; creating part II of

  6         chapter 328, F.S., entitled "Vessel

  7         registration"; amending ss. 212.06, 282.1095,

  8         320.04, 327.53, 327.60, 327.73, 370.06,

  9         370.0603, 370.12, and 409.2598, F.S.;

10         correcting cross references; amending s.

11         327.01, F.S.; changing the title of chapter

12         327, F.S., from the "Florida Vessel and

13         Registration Safety Law" to the "Florida Vessel

14         Safety Law"; amending s. 327.22, F.S., relating

15         to the regulation of vessels by municipalities

16         or counties; renumbering and amending ss.

17         327.03, 327.10, 327.11, 327.17, 327.21, 327.23,

18         327.24, 327.25, 327.26, 327.28, and 327.90,

19         F.S.; conforming to the act; creating s.

20         328.44, F.S.; providing for rules; creating s.

21         328.66, F.S.; providing for optional vessel

22         registration fees by counties and

23         municipalities; amending s. 327.04, F.S.;

24         conforming to the act; renumbering ss. 327.031,

25         327.12, 327.13, 327.14, 327.15, 327.16, 327.18,

26         327.19, and 327.29, F.S.; conforming to the

27         act; providing an effective date.

28

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

30

31

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  1         Section 1.  (1)  Chapter 328, Florida Statutes,

  2  consisting of ss. 328.01 through 328.30, Florida Statutes, is

  3  designated as part I of said chapter and entitled "Vessels;

  4  title certificates; liens."

  5         (2)  Sections 328.40 through 328.80, Florida Statutes,

  6  as created by this act, are hereby designated as part II of

  7  chapter 328, Florida Statutes, entitled "Vessel registration."

  8         Section 2.  Paragraph (e) of subsection (1) of section

  9  212.06, Florida Statutes, 1998 Supplement, is amended to read:

10         212.06  Sales, storage, use tax; collectible from

11  dealers; "dealer" defined; dealers to collect from purchasers;

12  legislative intent as to scope of tax.--

13         (1)

14         (e)1.  Notwithstanding any other provision of this

15  chapter, tax shall not be imposed on any vessel registered

16  pursuant to s. 328.52 327.11 by a vessel dealer or vessel

17  manufacturer with respect to a vessel used solely for

18  demonstration, sales promotional, or testing purposes.  The

19  term "promotional purposes" shall include, but not be limited

20  to, participation in fishing tournaments.  For the purposes of

21  this paragraph, "promotional purposes" means the entry of the

22  vessel in a marine-related event where prospective purchasers

23  would be in attendance, where the vessel is entered in the

24  name of the dealer or manufacturer, and where the vessel is

25  clearly marked as for sale, on which vessel the name of the

26  dealer or manufacturer is clearly displayed, and which vessel

27  has never been transferred into the dealer's or manufacturer's

28  accounting books from an inventory item to a capital asset for

29  depreciation purposes.

30         2.  The provisions of this paragraph do not apply to

31  any vessel when used for transporting persons or goods for

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  1  compensation; when offered, let, or rented to another for

  2  consideration; when offered for rent or hire as a means of

  3  transportation for compensation; or when offered or used to

  4  provide transportation for persons solicited through personal

  5  contact or through advertisement on a "share expense" basis.

  6         Section 3.  Subsections (1) and (3) of section

  7  282.1095, Florida Statutes, 1998 Supplement, are amended to

  8  read:

  9         282.1095  State agency law enforcement radio system.--

10         (1)  For the purpose of acquiring and implementing a

11  statewide radio communications system to serve law enforcement

12  units of state agencies, and to serve local law enforcement

13  agencies through a mutual aid channel, the Joint Task Force on

14  State Agency Law Enforcement Communications is established in

15  the Department of Management Services and the State Agency Law

16  Enforcement Radio System Trust Fund is established in the

17  Department of Management Services from July 1, 1988, through

18  December 31, 2003. The trust fund shall be funded from

19  surcharges collected under ss. 320.0802 and 328.72 327.25.

20         (3)  Moneys in the trust fund may be used by the joint

21  task force to acquire by competitive procurement the

22  equipment; software; and engineering, administrative, and

23  maintenance services it needs to construct, operate, and

24  maintain the statewide radio system.  Moneys in the trust fund

25  collected as a result of the surcharges set forth in ss.

26  320.0802 and 328.72 327.25 shall be used to help fund the

27  costs of the system.  Upon completion of the system, moneys in

28  the trust fund may also be used by the joint task force to

29  provide for payment of the recurring maintenance costs of the

30  system.  During statewide implementation, moneys in the trust

31  fund may be used by the joint task force to maintain and

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  1  enhance, over and above existing agency budgets, existing

  2  radio equipment systems of the state agencies represented by

  3  the task force members, up to a maximum of 10 percent per year

  4  per agency, of the existing radio equipment inventory until

  5  the existing radio equipment can be replaced pursuant to

  6  implementation of the statewide radio communications system.

  7         Section 4.  Paragraph (b) of subsection (1) of section

  8  320.04, Florida Statutes, 1998 Supplement, is amended to read:

  9         320.04  Registration service charge.--

10         (1)

11         (b)  In addition to the fees provided in paragraph (a),

12  any tax collector may impose an additional service charge of

13  not more than 50 cents on any transaction specified in

14  paragraph (a) or on any transaction specified in s.

15  319.32(2)(a) or s. 328.48 s. 327.11 (1982 Supplement to the

16  Florida Statutes 1981) when such transaction occurs at any tax

17  collector's branch office.

18         Section 5.  Section 327.01, Florida Statutes, is

19  amended to read:

20         327.01  Short title.--This chapter shall be known as

21  the "Florida Vessel Registration and Safety Law."

22         Section 6.  Section 327.03, Florida Statutes, 1998

23  Supplement, is renumbered as section 328.40, Florida Statutes,

24  and amended to read:

25         328.40 327.03  Administration of vessel registration

26  and titling laws; records.--

27         (1)  The administration of vessel registration and

28  titling as set forth in this chapter and chapter 328 is under

29  the Department of Highway Safety and Motor Vehicles, which

30  shall provide for issuing, handling, and recording of all

31  vessel registration and titling applications and certificates,

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  1  including the receipt and accounting of vessel registration

  2  and titling fees.

  3         (2)  The Department of Highway Safety and Motor

  4  Vehicles shall keep records and perform such other clerical

  5  duties as required pertaining to:

  6         (a)  Vessel registration and titling.

  7         (b)  Suspension of the vessel operating privilege under

  8  ss. 327.35-327.355.

  9         (3)  All records made or kept by the Department of

10  Highway Safety and Motor Vehicles under this law are public

11  records except for confidential reports.

12         Section 7.  Section 327.031, Florida Statutes, is

13  renumbered as section 328.42, Florida Statutes.

14         Section 8.  Section 327.04, Florida Statutes, 1998

15  Supplement, is amended to read:

16         327.04  Rules.--

17         (1)  The department has authority to adopt rules

18  pursuant to ss. 120.536(1) and 120.54, other than rules

19  pertaining to vessel registration or titling, to implement the

20  provisions of this chapter conferring powers or duties upon

21  it.

22         (2)  The Department of Highway Safety and Motor

23  Vehicles has authority to adopt rules pursuant to ss.

24  120.536(1) and 120.54 which pertain to vessel registration and

25  titling to implement the provisions of this chapter and

26  chapter 328 conferring duties upon it.

27         Section 9.  Section 328.44, Florida Statutes, is

28  created to read:

29         328.44  Rules.--The Department of Highway Safety and

30  Motor Vehicles has authority to adopt rules pursuant to ss.

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  1  120.536(1) and 120.54 to implement the provisions of this

  2  chapter conferring duties upon it.

  3         Section 10.  Section 327.10, Florida Statutes, is

  4  renumbered as section 328.46, Florida Statutes, and amended to

  5  read:

  6         328.46 327.10  Operation of registered vessels.--

  7         (1)  Every vessel that is required to be registered and

  8  that is using the waters of this state shall be registered and

  9  numbered within 30 days after purchase by the owner except as

10  specifically exempt. During this 30-day period, the operator

11  is required to have aboard the vessel and available for

12  inspection a bill of sale.  The bill of sale for the vessel

13  shall serve as the temporary certificate of number that is

14  required by federal law and must contain the following

15  information:

16         (a)  Make of the vessel.

17         (b)  Length of the vessel.

18         (c)  Type of propulsion.

19         (d)  Hull identification number.

20         (e)  A statement declaring Florida to be the state

21  where the vessel is principally used.

22         (f)  Name of the purchaser.

23         (g)  Address of the purchaser, including ZIP code.

24         (h)  Signature of the purchaser.

25         (i)  Name of the seller.

26         (j)  Signature of the seller.

27         (k)  Date of the sale of the vessel.  The date of sale

28  shall also serve as the date of issuance of the temporary

29  certificate of number.

30         (l)  Notice to the purchaser and operator that the

31  temporary authority to use the vessel on the waters of this

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  1  state is invalid after 30 days following the date of sale of

  2  the vessel.

  3         (2)  No person shall operate or give permission for the

  4  operation of any such vessel on such waters unless:

  5         (a)  Such vessel is registered within 30 days after

  6  purchase by the owner and numbered with the identifying number

  7  set forth in the certificate of registration, displayed:

  8         1.  In accordance with s. 328.48(4) 327.11(4), except,

  9  if the vessel is an airboat, the registration number may be

10  displayed on each side of the rudder; or

11         2.  In accordance with 33 C.F.R. s. 173.27, or with a

12  federally approved numbering system of another state; and

13         (b)  The certificate of registration or temporary

14  certificate of number awarded to such vessel is in full force

15  and effect.

16         Section 11.  Section 327.11, Florida Statutes, is

17  renumbered as section 328.48, Florida Statutes, and amended to

18  read:

19         328.48 327.11  Vessel registration, application,

20  certificate, number, decal, duplicate certificate.--

21         (1)(a)  The owner of each vessel required by this law

22  to pay a registration fee and secure an identification number

23  shall file an application with the county tax collector.  The

24  application shall provide the owner's name and address;

25  residency status; personal or business identification, which

26  may include, but need not be limited to, a driver's license

27  number, Florida identification card number, or federal

28  employer identification number; and a complete description of

29  the vessel, and shall be accompanied by payment of the

30  applicable fee required in s. 328.72 327.25.  Registration is

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  1  not required for any vessel that is not used on the waters of

  2  this state.

  3         (b)  For purposes of registration, the owner may

  4  establish proof of ownership of the vessel by submitting with

  5  his or her application an executed bill of sale, a builder's

  6  contract, a manufacturer's statement of origin, a federal

  7  marine document, or any other document acceptable to the

  8  Department of Highway Safety and Motor Vehicles and presented

  9  at the time of registration to the agency issuing the

10  registration certificate.

11         (2)  All vessels operated on the waters of the state

12  must be registered, either commercial or noncommercial as

13  defined herein, except as follows:

14         (a)  A vessel used exclusively on private lakes and

15  ponds.

16         (b)  A vessel owned by the United States Government.

17         (c)  A vessel used exclusively as a ship's lifeboat.

18         (d)  A non-motor-powered vessel.

19         (3)  The Department of Highway Safety and Motor

20  Vehicles shall issue certificates of registration and numbers

21  for city, county, and state-owned vessels at no charge,

22  provided the vessels are used for purposes other than

23  recreation.

24         (4)  Each certificate of registration issued shall

25  state among other items the numbers awarded to the vessel, the

26  hull identification number, the name and address of the owner,

27  and a description of the vessel, except that certificates of

28  registration for vessels constructed or assembled by the owner

29  registered for the first time shall state all the foregoing

30  information except the hull identification number.  The

31  numbers shall be placed on each side of the forward half of

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  1  the vessel in such position as to provide clear legibility for

  2  identification, except, if the vessel is an airboat, the

  3  numbers may be placed on each side of the rudder. The numbers

  4  awarded to the vessel shall read from left to right and shall

  5  be in block characters of good proportion not less than 3

  6  inches in height. The numbers shall be of a solid color which

  7  will contrast with the color of the background and shall be so

  8  maintained as to be clearly visible and legible; i.e., dark

  9  numbers on a light background or light numbers on a dark

10  background.  The certificate of registration shall be

11  pocket-sized and shall be available for inspection on the

12  vessel for which issued whenever such vessel is in operation.

13         (5)  A decal signifying the year or years during which

14  the certificate is valid shall be furnished by the Department

15  of Highway Safety and Motor Vehicles with each registration

16  certificate issued. The decal issued to an undocumented vessel

17  shall be displayed by affixing it to the port (left) side of

18  the vessel within 6 inches before or after the registration

19  number. The decal issued to a documented vessel shall be

20  placed on the port (left) side of the vessel and may be

21  affixed to a window or the windshield on the port (left) side

22  of the vessel in lieu of being placed on the hull.  A decal

23  issued to a dealer shall be affixed, with the registration

24  number, to a removable sign pursuant to s. 328.52(2)

25  327.13(2). Any decal for a previous year shall be removed from

26  a vessel operating on the waters of the state.

27         (6)  Anyone guilty of falsely certifying any facts

28  relating to application, certificate, transfer, number, decal,

29  or duplicate certificates or any information required under

30  this section shall be punished as provided under this chapter.

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  1         Section 12.  Section 327.12, Florida Statutes, is

  2  renumbered as section 328.50, Florida Statutes.

  3         Section 13.  Section 327.13, Florida Statutes, is

  4  renumbered as section 328.52, Florida Statutes.

  5         Section 14.  Section 327.14, Florida Statutes, is

  6  renumbered as section 328.54, Florida Statutes.

  7         Section 15.  Section 327.15, Florida Statutes, is

  8  renumbered as section 328.56, Florida Statutes.

  9         Section 16.  Section 327.16, Florida Statutes, is

10  renumbered as section 328.58, Florida Statutes.

11         Section 17.  Section 327.17, Florida Statutes, is

12  renumbered as section 328.60, Florida Statutes, and amended to

13  read:

14         328.60 327.17  Military personnel; registration;

15  penalties.--Any military personnel on active duty in this

16  state operating a vessel that has a registration number in

17  full force and effect which has been awarded to it pursuant to

18  a federally approved numbering system of another state or by

19  the United States Coast Guard in a state without a federally

20  approved numbering system, or a federally documented vessel

21  with a valid registration in full force and effect from

22  another state shall not be required to register his or her

23  vessel in this state while such certificate of registration

24  remains valid; but, at the expiration of such registration

25  certificate, all registration and titling shall be issued by

26  this state.  In the case of a federally documented vessel, the

27  issuance of a title is not required by this chapter 328.

28         Section 18.  Section 327.18, Florida Statutes, is

29  renumbered as section 328.62, Florida Statutes.

30         Section 19.  Section 327.19, Florida Statutes, is

31  renumbered as section 328.64, Florida Statutes.

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  1         Section 20.  Section 327.21, Florida Statutes, is

  2  renumbered as section 328.65, Florida Statutes, and amended to

  3  read:

  4         328.65 327.21  Legislative intent with respect to

  5  registration and numbering of vessels.--It is the legislative

  6  intent that vessels be registered and numbered uniformly

  7  throughout the state.  The purpose of ss. 327.22, 327.23,

  8  327.25, 327.58, 327.70, and 327.72, 328.66, 328.68, and 328.72

  9  is to make registration and numbering procedures similar to

10  those of automobiles and airplanes and to provide for a vessel

11  registration fee and certificate so as to determine the

12  ownership of vessels which operate on the waters of this state

13  and to aid in the advancement of maritime safety.

14         Section 21.  Section 327.22, Florida Statutes, is

15  amended to read:

16         327.22  Regulation of vessels by municipalities or

17  counties.--

18         (1)(a)  Nothing in this chapter shall be construed to

19  prohibit any municipality or county that expends money for the

20  patrol, regulation, and maintenance of any lakes, rivers, or

21  waters and for other boating-related activities in such

22  municipality or county from regulating vessels resident in

23  such municipality or county. Any county or municipality may

24  adopt ordinances which provide for enforcement of noncriminal

25  violations of s. 327.33 relating to the careless operation of

26  a vessel which results in the endangering or damaging of

27  property, by citation mailed to registered owner of the

28  vessel.  Any such ordinance shall apply only in designated

29  restricted areas which are properly marked and in need of

30  shoreline protection.  Any county and the municipalities

31  located within the county may jointly regulate vessels.

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  1         (2)(b)  Citations issued to liveried vessels pursuant

  2  to this subsection shall be the responsibility of the lessee

  3  of the vessel. It shall be the responsibility of the lessor

  4  upon request of the agency issuing the citation, to provide

  5  the name and address of the lessee.  It shall be the

  6  responsibility of the livery to provide such information as a

  7  part of the rental agreement.  The livery is not responsible

  8  for the payment of citations if the livery provides the

  9  required information.

10         (2)  Any county may impose an annual registration fee

11  on vessels registered, operated, or stored in the water within

12  its jurisdiction.  This fee shall be 50 percent of the

13  applicable state registration fee.  However, the first $1 of

14  every registration imposed under this subsection shall be

15  remitted to the state for deposit in the Save the Manatee

16  Trust Fund for expenditure solely on activities related to the

17  preservation of manatees.  All other moneys received from such

18  fee shall be expended for the patrol, regulation, and

19  maintenance of the lakes, rivers, and waters and for other

20  boating-related activities of such municipality or county.  A

21  municipality that was imposing a registration fee before April

22  1, 1984, may continue to levy such fee, notwithstanding the

23  provisions of this section.

24         (3)  Any county which imposes an annual registration

25  fee may establish, by interlocal agreement with one or more of

26  the municipalities located in the county, a distribution

27  formula for dividing the proceeds of the fee or for use of the

28  funds for boating-related projects located within the county

29  or the municipality or municipalities, or the county and the

30  municipality or municipalities.

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  1         Section 22.  Section 328.66, Florida Statutes, is

  2  created to read:

  3         328.66  County and municipality optional registration

  4  fee.--

  5         (1)  Any county may impose an annual registration fee

  6  on vessels registered, operated, or stored in the water within

  7  its jurisdiction. This fee shall be 50 percent of the

  8  applicable state registration fee. However, the first $1 of

  9  every registration imposed under this subsection shall be

10  remitted to the state for deposit in the Save the Manatee

11  Trust Fund for expenditure solely on activities related to the

12  preservation of manatees. All other moneys received from such

13  fee shall be expended for the patrol, regulation, and

14  maintenance of the lakes, rivers, and waters and for other

15  boating-related activities of such municipality or county. A

16  municipality that was imposing a registration fee before April

17  1, 1984, may continue to levy such fee, notwithstanding the

18  provisions of this section.

19         (2)  Any county which imposes an annual registration

20  fee may establish, by interlocal agreement with one or more of

21  the municipalities located in the county, a distribution

22  formula for dividing the proceeds of the fee or for use of the

23  funds for boating-related projects located within the county

24  or the municipality or municipalities, or the county and the

25  municipality or municipalities.

26         Section 23.  Section 327.23, Florida Statutes, is

27  renumbered as section 328.68, Florida Statutes, and amended to

28  read:

29         328.68 327.23  Exemption of vessels and outboard motors

30  from personal property tax; temporary certificate of

31  registration; vessel registration certificate fee.--

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  1         (1)  Every vessel registered as provided herein, and

  2  outboard motor capable of propelling any such vessel, shall be

  3  exempt from any personal property tax and in lieu thereof

  4  shall pay a vessel registration certificate fee.  A

  5  certificate of registration shall be issued for any documented

  6  vessel, the owner of which has paid the registration

  7  certificate fee, but no state registration number shall be

  8  issued to such vessel.

  9         (2)  A temporary certificate of registration may be

10  issued to a vessel for which the owner has made application to

11  the United States Coast Guard for documentation and has paid

12  the applicable registration certificate fee pursuant to s.

13  328.72(1) 327.25(1). A temporary certificate of registration

14  shall only be issued upon proof that all applicable state

15  sales taxes have been paid and that the application for

16  documentation is on file with the United States Coast Guard.

17  Any reregistration of such a vessel without the submission of

18  the vessel's documentation papers shall require written

19  verification from the United States Coast Guard as to the

20  current status of the application for the vessel's

21  documentation. Upon receipt of the vessel's documentation

22  papers, the owner shall bring them to the agent issuing the

23  temporary certificate for official recording of information.

24         Section 24.  Section 327.24, Florida Statutes, is

25  renumbered as section 328.70, Florida Statutes, and amended to

26  read:

27         328.70 327.24  Legislative intent with respect to

28  uniform registration fee, classification of vessels.--It is

29  declared to be the intent of the Legislature that all vessels

30  in the state be subject to a uniform registration fee at a

31  rate based on the length of the vessels.  It is also declared

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  1  to be the intent of the Legislature that all vessels be

  2  classified as either "commercial" or "noncommercial" and that

  3  all such vessels be registered according to the provisions of

  4  s. 328.72 327.25. Any vessel which is required to be

  5  registered and meets the definition of a commercial vessel

  6  shall be classified and registered as a "commercial vessel."

  7  Any vessel which is required to be registered and is not

  8  operated for commercial purposes shall be classified and

  9  registered as a "noncommercial vessel."

10         Section 25.  Section 327.25, Florida Statutes, is

11  renumbered as section 328.72, Florida Statutes, and amended to

12  read:

13         328.72 327.25  Classification; registration; fees and

14  charges; surcharge; disposition of fees; fines; marine turtle

15  stickers.--

16         (1)  VESSEL REGISTRATION FEE.--Vessels that are

17  required to be registered shall be classified for registration

18  purposes according to the following schedule, and the

19  registration certificate fee shall be in the following

20  amounts:

21         Class A-1--Less than 12 feet in length, and all canoes

22  to which propulsion motors have been attached, regardless of

23  length...................................................$3.50

24         Class A-2--12 feet or more and less than 16 feet in

25  length...................................................10.50

26  (To county)...............................................2.85

27         Class 1--16 feet or more and less than 26 feet in

28  length...................................................18.50

29  (To county)...............................................8.85

30         Class 2--26 feet or more and less than 40 feet in

31  length...................................................50.50

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  1  (To county)..............................................32.85

  2         Class 3--40 feet or more and less than 65 feet in

  3  length...................................................82.50

  4  (To county)..............................................56.85

  5         Class 4--65 feet or more and less than 110 feet in

  6  length...................................................98.50

  7  (To county)..............................................68.85

  8         Class 5--110 feet or more in length..............122.50

  9  (To county)..............................................86.85

10         Dealer registration certificate ..................16.50

11         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

12         (a)  A vessel that is at least 30 years old, used only

13  for noncommercial purposes, and powered by the vessel's

14  original-type power plant may be registered as an antique

15  vessel.  When applying for registration as an antique vessel,

16  the owner of such a vessel shall submit certification, as

17  prescribed by the Department of Highway Safety and Motor

18  Vehicles or from a marine surveyor that the vessel meets the

19  requirements of this paragraph.

20         (b)  The registration number for an antique vessel

21  shall be affixed on the forward half of the hull or on the

22  port side of the windshield according to ss. 328.48 and 328.54

23  327.11 and 327.14.

24         (c)  The Department of Highway Safety and Motor

25  Vehicles may issue a decal identifying the vessel as an

26  antique vessel. The decal shall be placed within 3 inches of

27  the registration number.

28         (3)  ALIEN OR NONRESIDENT LICENSE FEE.--An additional

29  license fee of $50 shall be required of all aliens or

30  nonresidents of the state on all vessels not subject to a

31  specific reciprocal agreement with another state, which

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  1  vessels are used for commercial purposes and owned in whole or

  2  in part by such aliens or nonresidents.  Such fee shall be in

  3  addition to the vessel registration fee required by this

  4  section.

  5         (4)  TRANSFER OF OWNERSHIP.--

  6         (a)  When the ownership of a registered vessel changes,

  7  an application for transfer of registration shall be filed

  8  with the county tax collector by the new owner within 30 days

  9  with a fee of $3.25.  The county tax collector shall retain

10  $2.25 of the fee and shall remit $1 to the department. A

11  refund may not be made for any unused portion of a

12  registration period.

13         (b)  If a vessel is an antique as defined in subsection

14  (2), the application shall be accompanied by either a

15  certificate of title, a notarized bill of sale and a

16  registration, or a notarized bill of sale and an affidavit by

17  the owner defending the title from all claims. The bill of

18  sale must contain a complete vessel description to include the

19  hull identification number and engine number, if appropriate;

20  the year, make, and color of the vessel; the selling price;

21  and the signatures of the seller and purchaser.

22         (5)  REPLACEMENT DECAL.--A decal issued to replace a

23  lost or misplaced decal may be obtained by submitting $2.25

24  with a request for such replacement decal to the county tax

25  collector.  A replacement decal may not be issued except upon

26  receipt of a written request by the registered owner or an

27  appointed representative.

28         (6)  CHANGE OF CLASSIFICATION.--If the classification

29  of a vessel changes from noncommercial to commercial, or from

30  commercial to noncommercial, and a current registration

31  certificate has been issued to the owner, the owner shall

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  1  forward his or her certificate to the county tax collector

  2  with a fee of $2.25 and a new certificate shall be issued.

  3         (7)  SERVICE FEE.--In addition to other registration

  4  fees, the vessel owner shall pay the tax collector a $2.25

  5  service fee for each registration issued, replaced, or

  6  renewed.  All fees, other than the service charge, collected

  7  by a tax collector must be remitted to the department not

  8  later than 7 working days following the last day of the week

  9  in which the money was remitted.  Vessels may travel in salt

10  water or fresh water.

11         (8)  MAIL SERVICE CHARGE.--A mail service charge shall

12  be collected for each registration or reregistration mailed by

13  the Department of Highway Safety and Motor Vehicles or any tax

14  collector.  All registrations and reregistrations shall be

15  mailed by first-class mail.  The amount of the mail service

16  charge shall be the actual postage required rounded to the

17  nearest 5 cents, plus a 25-cent handling charge. The mail

18  service charge shall be in addition to the service charge

19  provided in subsection (7) and shall be used and accounted for

20  in accordance with law.

21         (9)  SURCHARGE.--In addition, during the period January

22  1, 1989, through December 31, 2003, there is hereby levied and

23  imposed on each vessel registration fee imposed under

24  subsection (1) a surcharge in the amount of $1, which shall be

25  collected in the same manner as the fee and deposited into the

26  State Agency Law Enforcement Radio System Trust Fund of the

27  Department of Management Services.  However, the surcharge

28  shall be terminated on midnight December 31, 1994, unless the

29  pilot project established in s. 282.1095 is deemed successful

30  by the joint task force with the concurrence of the Governor

31

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  1  and Cabinet as the head of the Department of Management

  2  Services.

  3         (10)  DUPLICATE REGISTRATION CERTIFICATE.--A duplicate

  4  registration certificate to replace a lost or misplaced

  5  certificate may be obtained from a tax collector for $2.25.  A

  6  duplicate certificate will not be issued except by written

  7  request of the registered owner or a person authorized by the

  8  owner to make such a request.

  9         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

10  for boat registration shall include a provision to allow each

11  applicant to indicate a desire to pay an additional voluntary

12  contribution to the Save the Manatee Trust Fund for manatee

13  and marine mammal research, protection, recovery, rescue,

14  rehabilitation, and release.  This contribution shall be in

15  addition to all other fees and charges. The amount of the

16  request for a voluntary contribution solicited shall be $1 per

17  registrant. Beginning with boat registration in fiscal year

18  1992-1993, the request for a voluntary contribution solicited

19  shall be $2 or $5 per registrant.  A registrant who provides a

20  voluntary contribution of $5 or more shall be given a sticker

21  or emblem by the tax collector to display, which signifies

22  support for the Save the Manatee Trust Fund.  All voluntary

23  contributions shall be deposited in the Save the Manatee Trust

24  Fund for use according to this subsection.  The first $2 of

25  voluntary contribution by a vessel registrant shall be

26  available for the manatee protection and recovery effort

27  pursuant to s. 370.12(5)(a). Any additional amount of

28  voluntary contribution by a vessel registrant shall also be

29  for the purpose of the manatee protection and recovery effort,

30  except that any voluntary contribution in excess of the first

31  $2 voluntary contribution by a vessel registrant but not

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  1  exceeding $2 shall be available for manatee rehabilitation by

  2  those facilities approved to rescue, rehabilitate, and release

  3  manatees pursuant to s. 370.12(5)(b). The form shall also

  4  include language permitting a voluntary contribution of $5 per

  5  applicant, which contribution shall be transferred into the

  6  Election Campaign Financing Trust Fund.  A statement providing

  7  an explanation of the purpose of the trust fund shall also be

  8  included.

  9         (12)  REGISTRATION.--

10         (a)  "Registration period" is a period of 12 months

11  during which a vessel registration is valid.

12         (b)  "Renewal period" is a period of 30 days during

13  which renewal of a vessel registration is required, except as

14  otherwise provided by law.

15         (c)  Effective July 1, 1996, The following registration

16  periods and renewal periods are established:

17         1.  For vessels owned by individuals, the registration

18  period begins the first day of the birth month of the owner

19  and ends the last day of the month immediately preceding the

20  owner's birth month in the succeeding year. If the vessel is

21  registered in the name of more than one person, the birth

22  month of the person whose name first appears on the

23  registration shall be used to determine the registration

24  period. For a vessel subject to this registration period, the

25  renewal period is the 30-day period ending at midnight on the

26  vessel owner's date of birth.

27         2.  For vessels owned by companies, corporations,

28  governmental entities, those entities listed under subsection

29  (15) (11), and registrations issued to dealers and

30  manufacturers, the registration period begins July 1 and ends

31

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  1  June 30.  The renewal period is the 30-day period beginning

  2  June 1.

  3         (d)  Beginning June 1, 1997, through May 31, 1998, for

  4  purposes of implementing the birth month schedule of

  5  registrations, those persons whose birth months are June,

  6  July, August, and September shall register for periods from 12

  7  to 15 months, and those persons whose birth months are from

  8  October through May shall register for periods of 4 to 11

  9  months.

10         (13)  FRACTIONAL REGISTRATION FEE.--For the purpose of

11  implementing the birth month schedule of registration and for

12  the period of June 1, 1997, through May 31, 1998, registration

13  fees shall be prorated on a monthly basis when the

14  registration period is other than 12 months. However, the

15  minimum fee for any registration is $3.50.  This subsection

16  expires June 1, 1998.

17         (14)  EXPIRED REGISTRATION.--The operation of a

18  previously registered vessel after the expiration of the

19  registration period is a noncriminal violation, as defined in

20  s. 327.73.

21         (15)  EXEMPTIONS.--Vessels owned and operated by Sea

22  Explorer or Sea Scout units of the Boy Scouts of America, the

23  Girl Scouts of America, the Safe Harbor Haven, Inc., or the

24  Associated Marine Institutes, Inc., and its affiliates, or

25  which are antique vessels as defined in paragraph (2)(a) are

26  exempt from the provisions of subsection (1).  Such vessels

27  shall be issued certificates of registration and numbers upon

28  application and payment of the service fee provided in

29  subsection (7).

30         (16)  DISTRIBUTION OF FEES.--Moneys deposited pursuant

31  to s. 328.76 327.28 to be returned to the counties are for the

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  1  sole purposes of providing recreational channel marking and

  2  public launching facilities and other boating-related

  3  activities, for removal of vessels and floating structures

  4  deemed a hazard to public safety and health for failure to

  5  comply with s. 327.53, and for manatee and marine mammal

  6  protection and recovery.  The department shall ascertain, as a

  7  guideline in determining the amounts of distributions each

  8  county may receive, the number of noncommercial vessels

  9  registered in the county during the preceding fiscal year

10  according to the fee schedule provided in subsection (1) and

11  shall promulgate rules to effectuate this.  Each fiscal year,

12  prior to determination of distributions to the counties under

13  this section, an amount equal to $1 for each vessel registered

14  in this state shall be transferred to the Save the Manatee

15  Trust Fund for manatee and marine mammal research, protection,

16  and recovery.

17         (17)  MARINE TURTLE STICKER.--The Department of

18  Environmental Protection shall offer for sale with vessel

19  registrations a waterproof sticker in the shape of a marine

20  turtle at an additional cost of $5, the proceeds of which

21  shall be deposited in the Marine Resources Conservation Trust

22  Fund to be used for marine turtle protection, research, and

23  recovery efforts pursuant to the provisions of s. 370.12(1).

24         (18)  FORMS AND NOTICES.--The Department of Highway

25  Safety and Motor Vehicles shall prescribe and provide suitable

26  forms for applications and other notices and forms necessary

27  to administer the provisions of this chapter.

28         Section 26.  Section 327.26, Florida Statutes, is

29  renumbered as section 328.74, Florida Statutes, and amended to

30  read:

31

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  1         328.74 327.26  Stickers or emblems for the Save the

  2  Manatee Trust Fund.--The department shall prepare stickers or

  3  emblems signifying support for the Save the Manatee Trust Fund

  4  which shall be given to persons who contribute to the Save the

  5  Manatee Trust Fund as provided in s. 328.72 327.25. The

  6  department may accept stickers or emblems donated by any

  7  governmental or nongovernmental entity for the purposes of

  8  this section.

  9         Section 27.  Section 327.28, Florida Statutes, is

10  renumbered as section 328.76, Florida Statutes, and amended to

11  read:

12         328.76 327.28  Marine Resources Conservation Trust

13  Fund; vessel registration funds; appropriation and

14  distribution.--

15         (1)  Except as otherwise specified and less any

16  administrative costs, all funds collected from the

17  registration of vessels through the Department of Highway

18  Safety and Motor Vehicles and the tax collectors of the state

19  shall be deposited in the Marine Resources Conservation Trust

20  Fund for recreational channel marking; public launching

21  facilities; law enforcement and quality control programs;

22  aquatic weed control; manatee protection, recovery, rescue,

23  rehabilitation, and release; and marine mammal protection and

24  recovery. The funds collected pursuant to s. 328.72(1)

25  327.25(1) shall be transferred as follows:

26         (a)  In each fiscal year, an amount equal to $1 for

27  each vessel registered in this state shall be transferred to

28  the Save the Manatee Trust Fund for manatee and marine mammal

29  research, protection, and recovery in accordance with the

30  provisions of s. 370.12(5)(a).

31

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  1         (b)  In addition, in each fiscal year, an amount equal

  2  to 50 cents for each vessel registered in this state shall be

  3  transferred to the Save the Manatee Trust Fund in accordance

  4  with the provisions of s. 370.12(5)(b) for use by those

  5  facilities approved to rescue, rehabilitate, and release

  6  manatees as authorized pursuant to the Fish and Wildlife

  7  Service of the United States Department of the Interior.

  8         (c)  Two dollars from each noncommercial vessel

  9  registration fee, except that for class A-1 vessels, shall be

10  transferred to the Aquatic Plant Control Trust Fund for

11  aquatic weed research and control.

12         (d)  Forty percent of the registration fees from

13  commercial vessels shall be used for law enforcement and

14  quality control programs.

15         (e)  Forty percent of the registration fees from

16  commercial vessels shall be transferred to the Aquatic Plant

17  Control Trust Fund for aquatic plant research and control.

18         (2)  All funds collected pursuant to s. 370.06(2) shall

19  be deposited in the Marine Resources Conservation Trust Fund.

20  Such funds shall be used to pay the cost of implementing the

21  saltwater products license program. Additional proceeds from

22  the licensing revenue shall be distributed among the following

23  program functions:

24         (a)  No more than 15 percent nor less than the amount

25  deposited in the former Marine Fisheries Commission Trust Fund

26  pursuant to this subsection in fiscal year 1987-1988 shall go

27  to the Marine Fisheries Commission for its operations;

28         (b)  No more than 15 percent shall go to law

29  enforcement;

30         (c)  No more than 25 percent shall go to the Florida

31  Saltwater Products Promotion Trust Fund within the Department

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  1  of Agriculture and Consumer Services for the purpose of

  2  providing marketing and extension services including industry

  3  information and education; and

  4         (d)  The remainder, but at least 45 percent, shall go

  5  to the Division of Marine Resources, for use in marine

  6  research and statistics development, including quota

  7  management.

  8         Section 28.  Section 327.29, Florida Statutes, is

  9  renumbered as section 328.78, Florida Statutes.

10         Section 29.  Subsection (7) of section 327.53, Florida

11  Statutes, is amended to read:

12         327.53  Marine sanitation.--

13         (7)  Any vessel or floating structure operated or

14  occupied on the waters of the state in violation of this

15  section is declared a nuisance and a hazard to public safety

16  and health. The owner or operator of any vessel or floating

17  structure cited for violating this section shall, within 30

18  days following the issuance of the citation, correct the

19  violation for which the citation was issued or remove the

20  vessel or floating structure from the waters of the state. If

21  the violation is not corrected within the 30 days and the

22  vessel or floating structure remains on the waters of the

23  state in violation of this section, law enforcement officers

24  charged with the enforcement of this chapter under s. 327.70

25  shall apply to the appropriate court in the county in which

26  the vessel or floating structure is located, to order or

27  otherwise cause the removal of such vessel or floating

28  structure from the waters of the state at the owner's expense.

29  If the owner cannot be found or otherwise fails to pay the

30  removal costs, the provisions of s. 328.17 shall apply.  If

31  the proceeds under s. 328.17 are not sufficient to pay all

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  1  removal costs, funds appropriated from the Marine Resources

  2  Conservation Trust Fund pursuant to paragraph (6)(b) or s.

  3  328.72(16) 327.25(16) may be used.

  4         Section 30.  Subsection (1) of section 327.60, Florida

  5  Statutes, is amended to read:

  6         327.60  Local regulations; limitations.--

  7         (1)  The provisions of ss. 327.01, 327.02,-327.11,

  8  327.13-327.16, 327.18, 327.19, 327.28, 327.30-327.40,

  9  327.44-327.50, 327.54, 327.56, and 327.65, 328.40-328.48,

10  328.52-328.58, 328.62, and 328.64 shall govern the operation,

11  equipment, and all other matters relating thereto whenever any

12  vessel shall be operated upon the waterways or when any

13  activity regulated hereby shall take place thereon. Nothing in

14  these sections shall be construed to prevent the adoption of

15  any ordinance or local law relating to operation and equipment

16  of vessels, except that no such ordinance or local law may

17  apply to the Florida Intracoastal Waterway and except that

18  such ordinances or local laws shall be operative only when

19  they are not in conflict with this chapter or any amendments

20  thereto or regulations thereunder.

21         Section 31.  Subsection (1) of section 327.73, Florida

22  Statutes, is amended to read:

23         327.73  Noncriminal infractions.--

24         (1)  Violations of the following provisions of the

25  vessel laws of this state are noncriminal infractions:

26         (a)  Section 328.46 327.10, relating to operation of

27  unregistered and unnumbered vessels.

28         (b)  Section 328.48(4) 327.11(4), relating to display

29  of number and possession of registration certificate.

30         (c)  Section 328.48(5) 327.11(5), relating to display

31  of decal.

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  1         (d)  Section 328.52(2) 327.13(2), relating to display

  2  of number.

  3         (e)  Section 328.54 327.14, relating to spacing of

  4  digits and letters of identification number.

  5         (f)  Section 328.60 327.17, relating to military

  6  personnel and registration of vessels.

  7         (g)  Section 328.72(14) 327.25(14), relating to

  8  operation with an expired registration.

  9         (h)  Section 327.33(2), relating to careless operation.

10         (i)  Section 327.37, relating to water skiing,

11  aquaplaning, and similar activities.

12         (j)  Section 327.44, relating to interference with

13  navigation.

14         (k)  Violations relating to restricted areas and speed

15  limits:

16         1.  Established by the department pursuant to s.

17  327.46.

18         2.  Established by local governmental authorities

19  pursuant to s. 327.22 or s. 327.60.

20         3.  Speed limits established pursuant to s. 370.12(2).

21         (l)  Section 327.48, relating to regattas and races.

22         (m)  Section 327.50(1) and (2), relating to required

23  safety equipment, lights, and shapes.

24         (n)  Section 327.65, relating to muffling devices.

25         (o)  Section 327.33(3)(b), relating to navigation

26  rules.

27         (p)  Section 327.39(1), (2), (3), and (5), relating to

28  personal watercraft.

29         (q)  Section 327.53(1), (2), and (3), relating to

30  marine sanitation.

31

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  1         (r)  Section 327.53(4), (5), and (7), relating to

  2  marine sanitation, for which the civil penalty is $250.

  3         (s)  Section 327.395, relating to boater safety

  4  education.

  5         (t)  Section 327.52(3), relating to operation of

  6  overloaded or overpowered vessels.

  7

  8  Any person cited for a violation of any such provision shall

  9  be deemed to be charged with a noncriminal infraction, shall

10  be cited for such an infraction, and shall be cited to appear

11  before the county court. The civil penalty for any such

12  infraction is $50, except as otherwise provided in this

13  section. Any person who fails to appear or otherwise properly

14  respond to a uniform boating citation shall, in addition to

15  the charge relating to the violation of the boating laws of

16  this state, be charged with the offense of failing to respond

17  to such citation and, upon conviction, be guilty of a

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

19  775.082 or s. 775.083. A written warning to this effect shall

20  be provided at the time such uniform boating citation is

21  issued.

22         Section 32.  Section 327.90, Florida Statutes, is

23  renumbered as section 328.80, Florida Statutes, and amended to

24  read:

25         328.80 327.90  Transactions by electronic or telephonic

26  means.--The Department of Highway Safety and Motor Vehicles is

27  authorized to accept any application provided for under this

28  chapter by electronic or telephonic means.

29         Section 33.  Subsection (2) of section 370.06, Florida

30  Statutes, 1998 Supplement, is amended to read:

31         370.06  Licenses.--

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  1         (2)  SALTWATER PRODUCTS LICENSE.--

  2         (a)  Every person, firm, or corporation that sells,

  3  offers for sale, barters, or exchanges for merchandise any

  4  saltwater products, or which harvests saltwater products with

  5  certain gear or equipment as specified by law, must have a

  6  valid saltwater products license, except that the holder of an

  7  aquaculture certificate under s. 597.004 is not required to

  8  purchase and possess a saltwater products license in order to

  9  possess, transport, or sell marine aquaculture products.  Each

10  saltwater products license allows the holder to engage in any

11  of the activities for which the license is required. The

12  license must be in the possession of the licenseholder or

13  aboard the vessel and shall be subject to inspection at any

14  time that harvesting activities for which a license is

15  required are being conducted. A restricted species endorsement

16  on the saltwater products license is required to sell to a

17  licensed wholesale dealer those species which the state, by

18  law or rule, has designated as "restricted species." This

19  endorsement may be issued only to a person who is at least 16

20  years of age, or to a firm certifying that over 25 percent of

21  its income or $5,000 of its income, whichever is less, is

22  attributable to the sale of saltwater products pursuant to a

23  license issued under this paragraph or a similar license from

24  another state. This endorsement may also be issued to a

25  for-profit corporation if it certifies that at least $5,000 of

26  its income is attributable to the sale of saltwater products

27  pursuant to a license issued under this paragraph or a similar

28  license from another state. However, if at least 50 percent of

29  the annual income of a person, firm, or for-profit corporation

30  is derived from charter fishing, the person, firm, or

31  for-profit corporation must certify that at least $2,500 of

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  1  the income of the person, firm, or corporation is attributable

  2  to the sale of saltwater products pursuant to a license issued

  3  under this paragraph or a similar license from another state,

  4  in order to be issued the endorsement. Such income attribution

  5  must apply to at least 1 year out of the last 3 years. For the

  6  purpose of this section "income" means that income which is

  7  attributable to work, employment, entrepreneurship, pensions,

  8  retirement benefits, and social security benefits. To renew an

  9  existing restricted species endorsement, a marine aquaculture

10  producer possessing a valid saltwater products license with a

11  restricted species endorsement may apply income from the sale

12  of marine aquaculture products to licensed wholesale dealers.

13         1.  The department is authorized to require

14  verification of such income. Acceptable proof of income earned

15  from the sale of saltwater products shall be:

16         a.  Copies of trip ticket records generated pursuant to

17  this subsection (marine fisheries information system),

18  documenting qualifying sale of saltwater products;

19         b.  Copies of sales records from locales other than

20  Florida documenting qualifying sale of saltwater products;

21         c.  A copy of the applicable federal income tax return,

22  including Form 1099 attachments, verifying income earned from

23  the sale of saltwater products;

24         d.  Crew share statements verifying income earned from

25  the sale of saltwater products; or

26         e.  A certified public accountant's notarized statement

27  attesting to qualifying source and amount of income.

28

29  Any provision of this section or any other section of the

30  Florida Statutes to the contrary notwithstanding, any person

31  who owns a retail seafood market and/or restaurant at a fixed

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  1  location for at least 3 years who has had an occupational

  2  license for 3 years prior to January 1, 1990, who harvests

  3  saltwater products to supply his or her retail store and has

  4  had a saltwater products license for 1 of the past 3 years

  5  prior to January 1, 1990, may provide proof of his or her

  6  verification of income and sales value at the person's retail

  7  seafood market and/or restaurant and in his or her saltwater

  8  products enterprise by affidavit and shall thereupon be issued

  9  a restricted species endorsement.

10         2.  Exceptions from income requirements shall be as

11  follows:

12         a.  A permanent restricted species endorsement shall be

13  available to those persons age 62 and older who have qualified

14  for such endorsement for at least 3 out of the last 5 years.

15         b.  Active military duty time shall be excluded from

16  consideration of time necessary to qualify and shall not be

17  counted against the applicant for purposes of qualifying.

18         c.  Upon the sale of a used commercial fishing vessel

19  owned by a person, firm, or corporation possessing or eligible

20  for a restricted species endorsement, the purchaser of such

21  vessel shall be exempted from the qualifying income

22  requirement for the purpose of obtaining a restricted species

23  endorsement for a period of 1 year after purchase of the

24  vessel.

25         d.  Upon the death or permanent disablement of a person

26  possessing a restricted species endorsement, an immediate

27  family member wishing to carry on the fishing operation shall

28  be exempted from the qualifying income requirement for the

29  purpose of obtaining a restricted species endorsement for a

30  period of 1 year after the death or disablement.

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  1         e.  A restricted species endorsement may be issued on

  2  an individual saltwater products license to a person age 62 or

  3  older who documents that at least $2,500 is attributable to

  4  the sale of saltwater products pursuant to the provisions of

  5  this paragraph.

  6         f.  A permanent restricted species endorsement may also

  7  be issued on an individual saltwater products license to a

  8  person age 70 or older who has held a saltwater products

  9  license for at least 3 of the last 5 license years.

10         g.  Any resident who is certified to be totally and

11  permanently disabled by a verified written statement, based

12  upon the criteria for permanent total disability in chapter

13  440 from a physician licensed in this state, by any branch of

14  the United States Armed Services, by the Social Security

15  Administration, or by the United States Department of Veterans

16  Affairs or its predecessor, or any resident who holds a valid

17  identification card issued by the Department of Veterans'

18  Affairs pursuant to s. 295.17, shall be exempted from the

19  income requirements if he or she also has held a saltwater

20  products license for at least 3 of the last 5 license years

21  prior to the date of the disability. A Disability Award Notice

22  issued by the United States Social Security Administration is

23  not sufficient certification for a resident to obtain the

24  income exemption unless the notice certifies that the resident

25  is totally and permanently disabled.

26

27  At least one saltwater products license bearing a restricted

28  species endorsement shall be aboard any vessel harvesting

29  restricted species in excess of any bag limit or when fishing

30  under a commercial quota or in commercial quantities, and such

31  vessel shall have a commercial vessel registration. This

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  1  subsection does not apply to any person, firm, or corporation

  2  licensed under s. 370.07(1)(a)1. or (b) for activities

  3  pursuant to such licenses. A saltwater products license may be

  4  issued in the name of an individual or a valid boat

  5  registration number. Such license is not transferable. A decal

  6  shall be issued with each saltwater products license issued to

  7  a valid boat registration number. The saltwater products

  8  license decal shall be the same color as the vessel

  9  registration decal issued each year pursuant to s. 328.48(5)

10  327.11(5) and shall indicate the period of time such license

11  is valid. The saltwater products license decal shall be placed

12  beside the vessel registration decal and, in the case of an

13  undocumented vessel, shall be placed so that the vessel

14  registration decal lies between the vessel registration number

15  and the saltwater products license decal. Any saltwater

16  products license decal for a previous year shall be removed

17  from a vessel operating on the waters of the state. A resident

18  shall pay an annual license fee of $50 for a saltwater

19  products license issued in the name of an individual or $100

20  for a saltwater products license issued to a valid boat

21  registration number. A nonresident shall pay an annual license

22  fee of $200 for a saltwater products license issued in the

23  name of an individual or $400 for a saltwater products license

24  issued to a valid boat registration number. An alien shall pay

25  an annual license fee of $300 for a saltwater products license

26  issued in the name of an individual or $600 for a saltwater

27  products license issued to a valid boat registration number.

28  Any person who sells saltwater products pursuant to this

29  license may sell only to a licensed wholesale dealer. A

30  saltwater products license must be presented to the licensed

31  wholesale dealer each time saltwater products are sold, and an

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  1  imprint made thereof. The wholesale dealer shall keep records

  2  of each transaction in such detail as may be required by rule

  3  of the Department of Environmental Protection not in conflict

  4  with s. 370.07(6), and shall provide the holder of the

  5  saltwater products license with a copy of the record. It is

  6  unlawful for any licensed wholesale dealer to buy saltwater

  7  products from any unlicensed person under the provisions of

  8  this section, except that a licensed wholesale dealer may buy

  9  from another licensed wholesale dealer. It is unlawful for any

10  licensed wholesale dealer to buy saltwater products designated

11  as "restricted species" from any person, firm, or corporation

12  not possessing a restricted species endorsement on his or her

13  saltwater products license under the provisions of this

14  section, except that a licensed wholesale dealer may buy from

15  another licensed wholesale dealer. The Department of

16  Environmental Protection shall be the licensing agency, may

17  contract with private persons or entities to implement aspects

18  of the licensing program, and shall establish by rule a marine

19  fisheries information system in conjunction with the licensing

20  program to gather fisheries data.

21         (b)  Any person who sells, offers for sale, barters, or

22  exchanges for merchandise saltwater products must have a

23  method of catch preservation which meets the requirements and

24  standards of the seafood quality control code promulgated by

25  the Department of Environmental Protection.

26         (c)  A saltwater products license is required to

27  harvest commercial quantities of saltwater products.  Any

28  vessel from which commercial quantities of saltwater products

29  are harvested must have a commercial vessel registration.

30  Commercial quantities of saltwater products shall be defined

31  as:

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  1         1.  With respect to those species for which no bag

  2  limit has been established, more than 100 pounds per person

  3  per day, provided that the harvesting of two fish or less per

  4  person per day shall not be considered commercial quantities

  5  regardless of aggregate weight; and

  6         2.  With respect to those species for which a bag limit

  7  has been established, more than the bag limit allowed by law

  8  or rule.

  9         (d)1.  In addition to the saltwater products license, a

10  marine life fishing endorsement is required for the harvest of

11  marine life species as defined by rule of the Marine Fisheries

12  Commission. This endorsement may be issued only to a person

13  who is at least 16 years of age or older or to a corporation

14  holding a valid restricted species endorsement.

15         2.a.  Effective July 1, 1998, and until July 1, 2002, a

16  marine life endorsement may not be issued under this

17  paragraph, except that those endorsements that are active

18  during the 1997-1998 fiscal year may be renewed.

19         b.  In 1998 persons or corporations holding a marine

20  life endorsement that was active in the 1997-1998 fiscal year

21  or an immediate family member of that person must request

22  renewal of the marine life endorsement before December 31,

23  1998.

24         c.  In subsequent years and until July 1, 2002, a

25  marine life endorsement holder or member of his or her

26  immediate family must request renewal of the marine life

27  endorsement before September 30 of each year.

28         d.  If a person or corporation holding an active marine

29  life fishing endorsement or a member of that person's

30  immediate family does not request renewal of the endorsement

31  before the applicable dates specified in this paragraph, the

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  1  department shall deactivate that marine life fishing

  2  endorsement.

  3         e.  In the event of the death or disability of a person

  4  holding an active marine life fishing endorsement, the

  5  endorsement may be transferred by the person to a member of

  6  his or her immediate family or may be renewed by any person so

  7  designated by the executor of the person's estate.

  8         f.  Persons or corporations who hold saltwater product

  9  licenses with marine life fishing endorsements issued to their

10  vessel registration numbers and who subsequently replace their

11  existing vessels with new vessels may transfer the existing

12  marine life fishing endorsement to the new boat registration

13  numbers.

14         g.  Persons or corporations who hold saltwater product

15  licenses with marine life fishing endorsements issued to their

16  name and who subsequently incorporate or unincorporate may

17  transfer the existing marine life fishing endorsement to the

18  new corporation or person.

19         h.  By July 1, 2000, the Marine Fisheries Commission

20  shall prepare a report regarding options for the establishment

21  of a limited-entry program for the marine life fishery and

22  submit the report to the Governor, the President of the

23  Senate, the Speaker of the House of Representatives, and the

24  chairs of the Senate and House committees having jurisdiction

25  over marine resources.

26         3.  The fee for a marine life fishery endorsement on a

27  saltwater products license shall be $75.  These license fees

28  shall be collected and deposited in the Marine Resources

29  Conservation Trust Fund and used for the purchase and

30  installation of vessel mooring buoys at coral reef sites and

31  for research related to marine fisheries.

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  1         Section 34.  Paragraph (b) of subsection (2) of section

  2  370.0603, Florida Statutes, is amended to read:

  3         370.0603  Marine Resources Conservation Trust Fund;

  4  purposes.--

  5         (2)  The Marine Resources Conservation Trust Fund shall

  6  receive the proceeds from:

  7         (b)  All funds collected from the registration of

  8  vessels and other fees pursuant to s. 328.72 327.25.

  9         Section 35.  Paragraph (b) of subsection (4) of section

10  370.12, Florida Statutes, 1998 Supplement, is amended to read:

11         370.12  Marine animals; regulation.--

12         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

13         (b)  Each fiscal year moneys in the Save the Manatee

14  Trust Fund shall also be used, pursuant to s. 328.76(1)(b)

15  327.28(1)(b), to reimburse the cost of activities related to

16  manatee rehabilitation by facilities that rescue,

17  rehabilitate, and release manatees as authorized pursuant to

18  the Fish and Wildlife Service of the United States Department

19  of the Interior. Such facilities must be involved in the

20  actual rescue and full-time acute care veterinarian-based

21  rehabilitation of manatees. The cost of activities includes,

22  but is not limited to, costs associated with expansion,

23  capital outlay, repair, maintenance, and operations related to

24  the rescue, treatment, stabilization, maintenance, release,

25  and monitoring of manatees. Moneys distributed through

26  contractual agreement to each facility for manatee

27  rehabilitation shall be proportionate to the number of

28  manatees under acute care rehabilitation and those released

29  during the previous fiscal year. However, the reimbursement

30  may not exceed the total amount available pursuant to ss.

31  328.72(11) and 328.76(1)(b) 327.25(7) and 327.28(1)(b) for the

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  1  purposes provided in this paragraph. Prior to receiving

  2  reimbursement for the expenses of rescue, rehabilitation, and

  3  release, a facility that qualifies under state and federal

  4  regulations shall submit a plan to the Department of

  5  Environmental Protection for assisting the department and the

  6  Department of Highway Safety and Motor Vehicles in marketing

  7  the manatee specialty license plates. At a minimum, the plan

  8  shall include provisions for graphics, dissemination of

  9  brochures, recorded oral and visual presentation, and

10  maintenance of a marketing exhibit. The plan shall be updated

11  annually and the Department of Environmental Protection shall

12  inspect each marketing exhibit at least once each year to

13  ensure the quality of the exhibit and promotional material.

14  Each facility that receives funds for manatee rehabilitation

15  shall annually provide the department a written report, within

16  30 days after the close of the state fiscal year, documenting

17  the efforts and effectiveness of the facility's promotional

18  activities.

19         Section 36.  Subsections (1) and (2) of section

20  409.2598, Florida Statutes, 1998 Supplement, are amended to

21  read:

22         409.2598  Suspension or denial of new or renewal

23  licenses; registrations; certifications.--

24         (1)  The Title IV-D agency may petition the court that

25  entered the support order or the court that is enforcing the

26  support order to deny or suspend the license, registration, or

27  certificate issued under chapter 231, chapter 370, chapter

28  372, chapter 409, part II of chapter 455, or chapter 559 or s.

29  328.42 327.031 of any obligor with a delinquent child support

30  obligation or who fails, after receiving appropriate notice,

31  to comply with subpoenas, orders to appear, orders to show

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  1  cause, or similar orders relating to paternity or child

  2  support proceedings. However, a petition may not be filed

  3  until the Title IV-D agency has exhausted all other available

  4  remedies. The purpose of this section is to promote the public

  5  policy of the state as established in s. 409.2551.

  6         (2)  The Title IV-D agency is authorized to screen all

  7  applicants for new or renewal licenses, registrations, or

  8  certificates and current licenses, registrations, or

  9  certificates and current licensees, registration holders, and

10  certificateholders of all licenses, registrations, and

11  certificates issued under chapter 231, chapter 370, chapter

12  372, chapter 409, part II of chapter 455, or chapter 559 or s.

13  328.42 327.031 to ensure compliance with any child support

14  obligation and any subpoenas, orders to appear, orders to show

15  cause, or similar orders relating to paternity or child

16  support proceedings. If the Title IV-D agency determines that

17  an applicant, licensee, registration holder, or

18  certificateholder is an obligor who is delinquent on a support

19  obligation or who is not in compliance with a subpoena, order

20  to appear, order to show cause, or similar order relating to

21  paternity or child support proceedings, the Title IV-D agency

22  shall certify the delinquency pursuant to s. 61.14.

23         Section 37.  This act shall take effect upon becoming a

24  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Designates present chapter 328, Florida Statutes, as part
  4    I of said chapter entitled "Vessels; title certificates;
      liens" and creates, through the transfer of provisions in
  5    chapter 327, Florida Statutes, part II of chapter 328,
      Florida Statutes, entitled "Vessel registration."
  6    Changes the short title for chapter 327, Florida
      Statutes, from the "Florida Vessel Registration and
  7    Safety Law" to the "Florida Vessel Safety Law."  See bill
      for details.
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