Senate Bill 0864c1
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Florida Senate - 1999 CS for SB 864
By the Committee on Natural Resources
312-1728-99
1 A bill to be entitled
2 An act relating to the Fish and Wildlife
3 Conservation Commission; amending s. 20.325,
4 F.S.; specifying the divisions in the Fish and
5 Wildlife Conservation Commission; transferring
6 the duties of the Marine Fisheries Commission
7 assigned to the Board of Trustees of the
8 Internal Improvement Trust Fund to the
9 commission; transferring the duties of the Game
10 and Fresh Water Fish Commission to the Fish and
11 Wildlife Conservation Commission; transferring
12 certain duties of the Department of
13 Environmental Protection, Division of Marine
14 Resources and Division of Law Enforcement, to
15 the Fish and Wildlife Conservation Commission;
16 amending s. 20.255, F.S.; providing for the
17 organization and powers of the Department of
18 Environmental Protection; specifying legal
19 duties of the Department of Legal Affairs and
20 state attorneys; providing for a transition
21 advisory committee to determine the appropriate
22 number of support service personnel to be
23 transferred; amending s. 206.606, F.S.;
24 revising the distribution of funds; amending s.
25 259.101, F.S.; providing for the sale of
26 conservation lands; amending s. 370.0603, F.S.;
27 establishing the Marine Resources Conservation
28 Trust Fund in the Fish and Wildlife
29 Conservation Commission; amending s. 370.0608,
30 F.S.; revising the use of license fees by the
31 Fish and Wildlife Conservation Commission;
1
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1 amending s. 370.16; transferring certain
2 activities related to oysters and shellfish to
3 the Fish and Wildlife Conservation Commission;
4 amending s. 370.26, F.S.; transferring certain
5 activities related to aquaculture to the Fish
6 and Wildlife Conservation Commission; amending
7 s. 932.7055, F.S.; providing for funds to be
8 deposited into the Forfeited Property Trust
9 Fund; amending ss. 20.055, 23.21, 120.52,
10 120.81, 163.3244, 186.003, 186.005, 229.8058,
11 240.155, 252.365, 253.05, 253.45, 253.75,
12 253.7829, 253.787, 255.502, 258.157, 258.397,
13 258.501, 259.035, 259.036, 282.1095, 282.404,
14 285.09, 285.10, 288.021, 288.975, 316.640,
15 320.08058, 327.02, 327.25, 327.26, 327.28,
16 327.30, 327.35215, 327.395, 327.41, 327.43,
17 327.46, 327.48, 327.70, 327.71, 327.731,
18 327.74, 327.803, 327.804, 327.90, 328.01,
19 339.281, 341.352, 369.20, 369.22, 369.25,
20 370.01, 370.021, 370.028, 370.06, 370.0605,
21 370.0615, 370.062, 370.063, 370.0805, 370.081,
22 370.092, 370.093, 370.1107, 370.1111, 370.12,
23 370.13, 370.14, 370.1405, 370.142, 370.1535,
24 370.17, 370.31, 372.001, 372.01, 372.0215,
25 372.0222, 372.0225, 372.023, 372.025, 372.03,
26 372.051, 372.06, 372.07, 372.071, 372.072,
27 372.0725, 372.073, 372.074, 372.105, 372.106,
28 372.12, 372.121, 372.16, 372.26, 372.265,
29 372.27, 372.31, 372.57, 372.5714, 372.5717,
30 372.5718, 372.574, 372.651, 372.653, 372.66,
31 372.661, 372.662, 372.663, 372.664, 372.6645,
2
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1 372.667, 372.6672, 372.672, 372.673, 372.674,
2 372.70, 372.701, 372.7015, 372.7016, 372.72,
3 372.73, 372.74, 372.76, 372.761, 372.77,
4 372.7701, 372.771, 372.85, 372.86, 372.87,
5 372.88, 372.89, 372.901, 372.911, 372.912,
6 372.92, 372.921, 372.922, 372.97, 372.971,
7 372.98, 372.981, 372.99, 372.9901, 372.9903,
8 372.9904, 372.9906, 372.991, 372.992, 372.995,
9 373.1965, 373.453, 373.455, 373.4595, 373.465,
10 373.466, 373.591, 375.021, 375.311, 375.312,
11 376.121, 378.011, 378.036, 378.409, 380.061,
12 388.45, 388.46, 403.0752, 403.0885, 403.413,
13 403.507, 403.508, 403.518, 403.526, 403.527,
14 403.5365, 403.7841, 403.786, 403.787, 403.9325,
15 403.941, 403.9411, 403.961, 403.962, 403.972,
16 403.973, 487.0615, 581.186, 585.21, 597.003,
17 597.004, 597.006, 784.07, 790.06, 790.15,
18 828.122, 832.06, 843.08, 870.04, 943.1728,
19 F.S.; conforming provisions to the State
20 Constitution and this act; repealing s.
21 370.025, F.S., which provides policies for the
22 Marine Fisheries Commission; repealing s.
23 370.026, F.S., which provides for the creation
24 of the Marine Fisheries Commission; repealing
25 s. 370.027, F.S., which provides for rulemaking
26 authority; repealing s. 372.021, F.S., which
27 provides for the powers of the Game and Fresh
28 Water Fish Commission; repealing s. 372.061,
29 F.S., which provides for meetings of the Game
30 and Fresh Water Fish Commission; repealing s.
31 403.261, F.S., which provides for the repeal of
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1 rulemaking jurisdiction over air and water
2 pollution; directing the preparation of a
3 reviser's bill; providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 20.325, Florida Statutes, is
8 amended to read:
9 20.325 Fish and Wildlife Conservation Game and Fresh
10 Water Fish Commission.--The Legislature, recognizing the Fish
11 and Wildlife Conservation Game and Fresh Water Fish Commission
12 as being specifically provided for and authorized by the State
13 Constitution under s. 9, Art. IV, grants rights and privileges
14 to the commission, as contemplated by s. 6, Art. IV of the
15 State Constitution, equal to those of departments established
16 under this chapter, while preserving its constitutional
17 designation and title as a commission.
18 (1) The head of the Fish and Wildlife Conservation
19 Game and Fresh Water Fish Commission is the commission
20 appointed by the Governor as provided for in s. 9, Art. IV of
21 the State Constitution.
22 (2) The following divisions are established within the
23 commission:
24 (a) Division of Administrative Services.
25 (b) Division of Law Enforcement.
26 (c) Division of Freshwater Fisheries.
27 (d) Division of Wildlife.
28 (e) Division of Marine Resources.
29 (3) The commission shall appoint an executive director
30 who shall be subject to confirmation by the Florida Senate and
31 upon approval shall serve at the pleasure of the commission.
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1 The powers, duties, and functions of the commission shall be
2 as prescribed by law.
3 Section 2. The powers, duties, functions, and
4 jurisdiction as set forth in statutes in effect on March 1,
5 1998, and staff, equipment, and fund balances of the Marine
6 Fisheries Commission assigned to the Board of Trustees of the
7 Internal Improvement Trust Fund are transferred by a type two
8 transfer, as defined in section 20.06, Florida Statutes, to
9 the Fish and Wildlife Conservation Commission.
10 Section 3. The powers, duties, functions, staff,
11 equipment, and fund balances of the Game and Fresh Water Fish
12 Commission are transferred by a type two transfer, as defined
13 in section 20.06, Florida Statutes, to the Fish and Wildlife
14 Conservation Commission.
15 Section 4. The powers, duties, functions, staff,
16 equipment, facilities, and fund balances of the Department of
17 Environmental Protection, Division of Marine Resources,
18 related to the Office of Fisheries Management, Bureau of
19 Marine Resources Regulation and Development, Bureau of
20 Protected Species Management, and the Florida Marine Research
21 Institute are transferred by a type two transfer, to the Fish
22 and Wildlife Conservation Commission. The remaining powers,
23 duties, functions, staff, equipment and fund balances of the
24 Division of Marine Resources relating to the Bureau of Coastal
25 and Aquatic Managed Areas shall remain in the Department of
26 Environmental Protection.
27 Section 5. The powers, duties, functions, staff,
28 equipment, facilities, and fund balances of the Department of
29 Environmental Protection, Division of Law Enforcement, related
30 to the Office of Enforcement Planning and Policy Coordination,
31 Bureau of Administrative Support, Bureau of Operational
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1 Support, and the Bureau of Environmental Law Enforcement, are
2 transferred by a type two transfer to the Fish and Wildlife
3 Conservation Commission, except for those powers, duties,
4 functions, staff, equipment, facilities, and fund balances of
5 the Bureau relating to the Florida Park Patrol the Bureau of
6 Emergency Response, and the Office of Investigations, which
7 shall remain in the department's Division of Law Enforcement.
8 No duties or responsibilities relating to boating safety
9 matters shall remain in the Department of Environmental
10 Protection.
11 Section 6. Subsection (6) of section 20.255, Florida
12 Statutes, 1998 Supplement, is amended, present subsection (7)
13 of that section is redesignated as subsection (11), and new
14 subsections (7), (8), (9), and (10), are added to that
15 section, to read:
16 20.255 Department of Environmental Protection.--There
17 is created a Department of Environmental Protection.
18 (6) The following divisions of the Department of
19 Environmental Protection are established:
20 (a) Division of Administrative and Technical Services.
21 (b) Division of Air Resource Management.
22 (c) Division of Water Resource Management Facilities.
23 (d) Division of Law Enforcement.
24 (e) Division of Marine Resources.
25 (e)(f) Division of Waste Management.
26 (f)(g) Division of Recreation and Parks.
27 (g)(h) Division of State Lands, the director of which
28 is to be appointed by the secretary of the department, subject
29 to confirmation by the Governor and Cabinet sitting as the
30 Board of Trustees of the Internal Improvement Trust Fund.
31 (i) Division of Environmental Resource Permitting.
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1
2 In order to ensure statewide and intradepartmental
3 consistency, the department's divisions shall direct the
4 district offices and bureaus on matters of interpretation and
5 applicability of the department's rules and programs.
6 (7) Law enforcement officers of the Department of
7 Environmental Protection are constituted law enforcement
8 officers of this state with full power to investigate and
9 arrest for any violation of the laws of this state and the
10 rules of the department under its jurisdiction and for
11 violations of chapter 253 and the rules adopted thereunder.
12 The general laws applicable to arrests by peace officers of
13 this state apply to such law enforcement officers. The law
14 enforcement officers may enter upon any land or waters of the
15 state in performing their lawful duties and may take with them
16 any necessary equipment; and this entry does not constitute a
17 trespass. It is lawful for any boat, motor vehicle, or
18 aircraft owned or chartered by the department or its agents or
19 employees to land on and depart from any of the beaches or
20 waters of this state. The law enforcement officers may arrest
21 any person in the act of violating any rule of the department,
22 the provisions of chapter 253 and the rules adopted
23 thereunder, or any of the laws of this state. It is unlawful
24 for any person to resist arrest or in any manner interfere,
25 either by abetting or assisting the resistance or otherwise
26 interfering, with any law enforcement officer engaged in
27 performing the duties imposed upon him or her by law or rule
28 of the department.
29 (8) The Department of Legal Affairs shall attend to
30 the legal business of the Department of Environmental
31 Protection and its divisions. If any question of law or any
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1 litigation arises and the Department of Legal Affairs is
2 otherwise occupied and cannot give the necessary time and
3 attention to the question of law or litigation, the
4 appropriate state attorney shall attend to any question of law
5 or litigation arising within his or her circuit. If the state
6 attorney is otherwise occupied and cannot give the necessary
7 time and attention to the question of law or litigation, the
8 Department of Environmental Protection may employ additional
9 counsel for that particular cause with the advise and consent
10 of the Department of Legal Affairs. The additional counsel's
11 fees shall be paid from the moneys appropriated to the
12 Department of Environmental Protection.
13 (9) The impression of the seal of the Department of
14 Environmental Protection on a certificate made by the
15 department and signed by the Secretary of Environmental
16 Protection entitles the certificate to be received in all
17 courts and in all proceedings in this state and is prima facie
18 evidence of all factual matters set forth in the certificate.
19 A certificate may relate to one or more records as set forth
20 in the certificate or in a schedule attached to the
21 certificate.
22 (10) The Department of Environmental Protection may
23 require that bond be given by any employee of the department,
24 payable to the Governor of the state and the Governor's
25 successor in office, for the use and benefit of those whom it
26 concerns, in such penal sums and with such good and sufficient
27 surety or sureties as are approved by the department,
28 conditioned upon the faithful performance of the duties of the
29 employee.
30 Section 7. The Secretary of the Department of
31 Environmental Protection and the Executive Director of the
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1 Fish and Wildlife Conservation Commission shall each appoint
2 three staff members to a transition advisory committee to
3 review and determine the appropriate number of positions, up
4 to 60 positions and their related funding levels and sources
5 from the Office of General Counsel and from the Division of
6 Administrative and Technical Services, to be transferred from
7 the Department of Environmental Protection to the Fish and
8 Wildlife Conservation Commission to provide legal services and
9 administrative and operational support services, including
10 communications equipment involving the National Crime
11 Information System (NCIS) and the Florida Crime Information
12 System (FCIS) which were previously provided to the programs
13 transferred by sections 4 and 5 of this act. The Governor
14 shall appoint a staff member from the Office of Planning and
15 Budget to chair the meetings of the transition advisory
16 committee and to assist in implementing these provisions as
17 appropriate with adjustments in the operating budgets of the
18 two agencies involved during Fiscal Year 1999-2000 as provided
19 by chapter 216, Florida Statutes, and providing consultation
20 with the Appropriations Committees in the Senate and the House
21 of Representatives.
22 Section 8. Subsection (1) of section 206.606, Florida
23 Statutes, 1998 Supplement, is amended to read:
24 206.606 Distribution of certain proceeds.--
25 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
26 206.87(1)(e) shall be deposited in the Fuel Tax Collection
27 Trust Fund created by s. 206.875. Such moneys, exclusive of
28 the service charges imposed by s. 215.20, and exclusive of
29 refunds granted pursuant to s. 206.41, shall be distributed
30 monthly to the State Transportation Trust Fund, except that:
31
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1 (a) $7.55 million shall be transferred to the
2 Department of Environmental Protection in each fiscal year
3 and. The transfers must be made in equal monthly amounts
4 beginning on July 1 of each fiscal year. $1.25 million of the
5 amount transferred shall be deposited annually in the Marine
6 Resources Conservation Trust Fund and must be used by the
7 department to fund special projects to provide recreational
8 channel marking, public launching facilities, and other
9 boating-related activities. The department shall annually
10 determine where unmet needs exist for boating-related
11 activities, and may fund such activities in counties where,
12 due to the number of vessel registrations, insufficient
13 financial resources are available to meet total water resource
14 needs. The remaining proceeds of the annual transfer shall be
15 deposited in the Aquatic Plant Control Trust Fund to and must
16 be used for aquatic plant management, including nonchemical
17 control of aquatic weeds, research into nonchemical controls,
18 and enforcement activities. Beginning in fiscal year
19 1993-1994, the department shall allocate at least $1 million
20 of such funds to the eradication of melaleuca.
21 (b) $1.25 million shall be transferred to the State
22 Game Trust Fund in the Fish and Wildlife Conservation Game and
23 Fresh Water Fish Commission in each fiscal year. The
24 transfers must be made in equal monthly amounts beginning on
25 July 1 of each fiscal year. The commission shall annually
26 determine where unmet needs exist for boating-related
27 activities, and may fund such activities in counties where,
28 due to the number of vessel registrations, sufficient
29 financial resources are unavailable to meet the total water
30 resource needs. and must be used for recreational boating
31 activities of a type consistent with projects eligible for
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1 funding under the Florida Boating Improvement Program
2 administered by the Department of Environmental Protection,
3 and freshwater fisheries management and research.
4 (c) 0.65 percent of moneys collected pursuant to s.
5 206.41(1)(g) shall be transferred to the Agricultural
6 Emergency Eradication Trust Fund.
7 Section 9. Paragraph (f) of subsection (3) and
8 subsection (6) of section 259.101, Florida Statutes, 1998
9 Supplement, are amended to read:
10 259.101 Florida Preservation 2000 Act.--
11 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
12 costs of issuance, the costs of funding reserve accounts, and
13 other costs with respect to the bonds, the proceeds of bonds
14 issued pursuant to this act shall be deposited into the
15 Florida Preservation 2000 Trust Fund created by s. 375.045.
16 Ten percent of the proceeds of any bonds deposited into the
17 Preservation 2000 Trust Fund shall be distributed by the
18 Department of Environmental Protection to the Department of
19 Environmental Protection for the purchase by the South Florida
20 Water Management District of lands in Dade, Broward, and Palm
21 Beach Counties identified in s. 7, chapter 95-349, Laws of
22 Florida. This distribution shall apply for any bond issue for
23 the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
24 $20 million per year from the proceeds of any bonds deposited
25 into the Florida Preservation 2000 Trust Fund shall be
26 distributed by the Department of Environmental Protection to
27 the St. Johns Water Management District for the purchase of
28 lands necessary to restore Lake Apopka. The remaining proceeds
29 shall be distributed by the Department of Environmental
30 Protection in the following manner:
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1 (f) Two and nine-tenths percent to the Fish and
2 Wildlife Conservation Game and Fresh Water Fish Commission to
3 fund the acquisition of inholdings and additions to lands
4 managed by the commission which are important to the
5 conservation of fish and wildlife.
6
7 Local governments may use federal grants or loans, private
8 donations, or environmental mitigation funds, including
9 environmental mitigation funds required pursuant to s.
10 338.250, for any part or all of any local match required for
11 the purposes described in this subsection. Bond proceeds
12 allocated pursuant to paragraph (c) may be used to purchase
13 lands on the priority lists developed pursuant to s. 259.035.
14 Title to lands purchased pursuant to paragraphs (a), (d), (e),
15 (f), and (g) shall be vested in the Board of Trustees of the
16 Internal Improvement Trust Fund, except that title to lands,
17 or rights or interests therein, acquired by either the
18 Southwest Florida Water Management District or the St. Johns
19 River Water Management District in furtherance of the Green
20 Swamp Land Authority's mission pursuant to s. 380.0677(3),
21 shall be vested in the district where the acquisition project
22 is located. Title to lands purchased pursuant to paragraph
23 (c) may be vested in the Board of Trustees of the Internal
24 Improvement Trust Fund, except that title to lands, or rights
25 or interests therein, acquired by either the Southwest Florida
26 Water Management District or the St. Johns River Water
27 Management District in furtherance of the Green Swamp Land
28 Authority's mission pursuant to s. 380.0677(3), shall be
29 vested in the district where the acquisition project is
30 located. This subsection is repealed effective October 1,
31 2000. Prior to repeal, the Legislature shall review the
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1 provisions scheduled for repeal and shall determine whether to
2 reenact or modify the provisions or to take no action.
3 (6) DISPOSITION OF LANDS.--
4 (a) Any lands acquired pursuant to paragraph (3)(a),
5 paragraph (3)(c), paragraph (3)(d), paragraph (3)(e),
6 paragraph (3)(f), or paragraph (3)(g), if title to such lands
7 is vested in the Board of Trustees of the Internal Improvement
8 Trust Fund, may be disposed of by the Board of Trustees of the
9 Internal Improvement Trust Fund in accordance with the
10 provisions and procedures set forth in s. 253.034(6) s.
11 253.034(5), and lands acquired pursuant to paragraph (3)(b)
12 may be disposed of by the owning water management district in
13 accordance with the procedures and provisions set forth in ss.
14 373.056 and 373.089 provided such disposition also shall
15 satisfy the requirements of paragraphs (b) and (c).
16 (b) Land acquired for conservation purposes may be
17 disposed of only after the Board of Trustees of the Internal
18 Improvement Trust Fund or, in the case of water management
19 district lands, the owning water management district governing
20 board makes a determination that preservation of the land is
21 no longer necessary for conservation purposes and only upon a
22 two-thirds vote of the appropriate governing board. Following
23 a determination by the governing board that the land is no
24 longer needed for conservation purposes, the governing board
25 must also make a determination that the land is of no further
26 benefit to the public, as required by s. 253.034(6), or that
27 the land is surplus land under s. 373.089. Any lands eligible
28 for disposal under these procedures also may be exchanged for
29 other lands described in the same paragraph of subsection (3)
30 as the lands disposed of. Before land can be determined to be
31 of no further benefit to the public as required by s.
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1 253.034(5), or to be no longer required for its purposes under
2 s. 373.056(4), whichever may be applicable, there shall first
3 be a determination by the Board of Trustees of the Internal
4 Improvement Trust Fund, or, in the case of water management
5 district lands, by the owning water management district, that
6 such land no longer needs to be preserved in furtherance of
7 the intent of the Florida Preservation 2000 Act. Any lands
8 eligible to be disposed of under this procedure also may be
9 used to acquire other lands through an exchange of lands,
10 provided such lands obtained in an exchange are described in
11 the same paragraph of subsection (3) as the lands disposed.
12 (c) Notwithstanding paragraphs (a) and (b), no such
13 disposition of land shall be made if such disposition would
14 have the effect of causing all or any portion of the interest
15 on any revenue bonds issued to fund the Florida Preservation
16 2000 Act to lose their exclusion from gross income for
17 purposes of federal income taxation. Any revenue derived from
18 the disposal of such lands may not be used for any purpose
19 except for deposit into the Florida Preservation 2000 Trust
20 Fund for recredit to the share held under subsection (3), in
21 which such disposed land is described.
22 Section 10. Subsection (1) of section 370.0603,
23 Florida Statutes, is amended to read:
24 370.0603 Marine Resources Conservation Trust Fund;
25 purposes.--
26 (1) The Marine Resources Conservation Trust Fund
27 within the Fish and Wildlife Conservation Commission
28 Department of Environmental Protection shall serve as a
29 broad-based depository for funds from various marine-related
30 activities and shall be administered by the commission
31 department for the purposes of:
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1 (a) Funding for marine research.
2 (b) Funding for fishery enhancement, including, but
3 not limited to, fishery statistics development, artificial
4 reefs, and fish hatcheries.
5 (c) Funding for marine law enforcement.
6 (d) Funding for administration of licensing programs
7 for recreational fishing, saltwater products sales, and
8 related information and education activities.
9 (e) Funding for the operations of the Fish and
10 Wildlife Conservation Marine Fisheries Commission.
11 (f) Funding for titling and registration of vessels.
12 (g) Funding for marine turtle protection, research,
13 and recovery activities from revenues that are specifically
14 credited to the trust fund for these purposes.
15 (h) Funding activities for rehabilitation of oyster
16 harvesting areas from which special oyster surcharge fees are
17 collected, including relaying and transplanting live oysters.
18 Section 11. Section 370.0608, Florida Statutes, 1998
19 Supplement, is amended to read:
20 370.0608 Deposit of license fees; allocation of
21 federal funds.--
22 (1) All license fees collected pursuant to s. 370.0605
23 shall be deposited into the Marine Resources Conservation
24 Trust Fund, to be used as follows:
25 (a) Not more than 5 percent of the total fees
26 collected shall be for the Marine Fisheries Commission to be
27 used to carry out the responsibilities of the commission and
28 to provide for the award of funds to marine research
29 institutions in this state for the purposes of enabling such
30 institutions to conduct worthy marine research projects.
31
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1 (b) Not less than 2.5 percent of the total fees
2 collected shall be used for aquatic education purposes.
3 (c)1. The remainder of such fees shall be used by the
4 department for the following program functions:
5 (a)a. Not more than 12.5 5 percent of the total fees
6 collected, for administration of the licensing program and for
7 information and education.
8 (b)b. Not more than 30 percent of the total fees
9 collected, for law enforcement.
10 (c)c. Not less than 27.5 percent of the total fees
11 collected, for marine research.
12 (d)d. Not less than 30 percent of the total fees
13 collected, for fishery enhancement, including, but not limited
14 to, fishery statistics development, artificial reefs, and fish
15 hatcheries.
16 (2)2. The Legislature shall annually appropriate to
17 the Fish and Wildlife Conservation Commission Department of
18 Environmental Protection from the General Revenue Fund for the
19 activities and programs specified in subsection (1)
20 subparagraph 1. at least the same amount of money as was
21 appropriated to the Department of Environmental Protection
22 from the General Revenue Fund for such activities and programs
23 for fiscal year 1988-1989, and the amounts appropriated to the
24 commission department for such activities and programs from
25 the Marine Resources Conservation Trust Fund shall be in
26 addition to the amount appropriated to the commission
27 department for such activities and programs from the General
28 Revenue Fund. The proceeds from recreational saltwater fishing
29 license fees paid by fishers shall only be appropriated to the
30 commission Department of Environmental Protection.
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1 (2) The Department of Environmental Protection and the
2 Game and Fresh Water Fish Commission shall develop and
3 maintain a memorandum of understanding to provide for the
4 equitable allocation of federal aid available to Florida
5 pursuant to the Sport Fish Restoration Administration Funds.
6 Funds available from the Wallop-Breaux Aquatic Resources Trust
7 Fund shall be distributed between the department and the
8 commission in proportion to the numbers of resident fresh and
9 saltwater anglers as determined by the most current data on
10 license sales. Unless otherwise provided by federal law, the
11 department and the commission, at a minimum, shall provide the
12 following:
13 (a) Not less than 5 percent or more than 10 percent of
14 the funds allocated to each agency shall be expended for an
15 aquatic resources education program; and
16 (b) Not less than 10 percent of the funds allocated to
17 each agency shall be expended for acquisition, development,
18 renovation, or improvement of boating facilities.
19 (3) All license fees collected pursuant to s. 370.0605
20 shall be transferred to the Marine Resources Conservation
21 Trust Fund within 7 days following the last business day of
22 the week in which the license fees were received by the
23 commission. One-fifth of the total proceeds derived from the
24 sale of 5-year licenses and replacement 5-year licenses, and
25 all interest derived therefrom, shall be available for
26 appropriation annually.
27 Section 12. Section 370.16, Florida Statutes, 1998
28 Supplement, is amended to read:
29 370.16 Oysters and shellfish; regulation.--
30 (1) LEASE, APPLICATION FORM; NOTICE TO RIPARIAN OWNER;
31 LANDS LEASED TO BE COMPACT.--When any qualified person desires
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1 to lease a part of the bottom or bed of any of the water of
2 this state, for the purpose of growing oysters or clams, as
3 provided for in this section, he or she shall present to the
4 Department of Environmental Protection Division of Marine
5 Resources a written application setting forth the name and
6 address of the applicant, a reasonably definite description of
7 the location and amount of land covered by water desired, and
8 shall pray that the application be filed; that the water
9 bottoms be surveyed and a plat or map of the survey thereof be
10 made if no plat or map of such bottoms should have been so
11 made thereto; and that the water bottoms described be leased
12 to the applicant under the provisions of this section. Such
13 applicant shall accompany with his or her written application
14 a sufficient sum to defray the estimated expenses of the
15 survey; thereupon the department division shall file such
16 application and shall direct the same surveyed and platted
17 forthwith at the expense of the applicant. When applications
18 are made by two or more persons for the same lands, they shall
19 be leased to the applicant who first filed application for
20 same; but to all applications for leases of any of the bottoms
21 of said waters owned under the riparian acts of the laws of
22 Florida, heretofore enacted, notice of such application shall
23 be given the riparian owner, when known, and, when not known,
24 notice of such application shall be given by publication for 4
25 weeks in some newspaper published in the county in which the
26 water bottoms lie; and when there is no newspaper published in
27 such county, then by posting the notice for 4 weeks at the
28 courthouse door of the county, and preference shall be given
29 to the riparian owners under the terms and conditions herein
30 created, when the riparian owner makes application for such
31 water bottoms for the purpose of planting oysters or clams
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1 before the same are leased to another. The lands leased shall
2 be as compact as possible, taking into consideration the shape
3 of the body of water and the condition of the bottom as to
4 hardness, or soft mud or sand, or other conditions which would
5 render the bottoms desirable or undesirable for the purpose of
6 oyster or clam cultivation.
7 (2) SURVEYS, PLATS, AND MAPS OF REEFS.--The Department
8 of Environmental Protection Division of Marine Resources shall
9 accept, adopt, and use official reports, surveys, and maps of
10 oyster, clam, or other shellfish grounds made under the
11 direction of any authority of the United States as prima facie
12 evidence of the natural oyster and clam reefs, for the purpose
13 and intent of this chapter. The department said division may
14 also make surveys of any natural oyster or clam reefs when it
15 deems such surveys necessary and where such surveys are made
16 pursuant to an application for a lease, the cost thereof may
17 be charged to the applicant as a part of the cost of his or
18 her application.
19 (3) EXECUTION OF LEASES; LESSEE TO STAKE OFF
20 BOUNDARIES; PENALTY FOR FAILURE TO COMPLY WITH
21 REGULATIONS.--As soon as the survey has been made and the plat
22 or map thereof filed with the Department of Environmental
23 Protection Division of Marine Resources and the cost thereof
24 paid by the applicant, the department division may execute in
25 duplicate a lease of the water bottoms to the applicant. One
26 duplicate, with a plat or map of the water bottoms so leased,
27 shall be delivered to the applicant, and the other, with a
28 plat or map of the bottom so leased, shall be retained by the
29 department division and registered in a lease book which shall
30 be kept exclusively for that purpose by the department
31 division; thereafter the lessees shall enjoy the exclusive use
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1 of the lands and all oysters and clams, shell, and cultch
2 grown or placed thereon shall be the exclusive property of
3 such lessee as long as he or she shall comply with the
4 provisions of this chapter. The department division shall
5 require the lessee to stake off and mark the water bottoms
6 leased, by such ranges, monuments, stakes, buoys, etc., so
7 placed and made as not to interfere with the navigation, as it
8 may deem necessary to locate the same to the end that the
9 location and limits of the lands embraced in such lease be
10 easily and accurately found and fixed, and such lessee shall
11 keep the same in good condition during the open and closed
12 oyster or clam season. All leases shall be marked according to
13 the standards derived from the uniform waterway markers for
14 safety and navigation as described in s. 327.40. The
15 department division may stipulate in each individual lease
16 contract the types, shape, depth, size, and height of marker
17 or corner posts. Failure on the part of the lessee to comply
18 with the orders of the department division to this effect
19 within the time fixed by it, and to keep the markers, etc., in
20 good condition during the open and closed oyster or clam
21 season, shall subject such lessee to a fine not exceeding $100
22 for each and every such offense. All lessees shall cause the
23 area of the leased water bottoms and the names of the lessees
24 to be shown by signs as may be determined by the department
25 division, if so required.
26 (4) LEASES IN PERPETUITY; RENT; STIPULATIONS; TAXES;
27 CULTIVATION, ETC.--
28 (a) All leases made under the provisions of this
29 chapter shall begin on the day executed and continue in
30 perpetuity under such restrictions as shall herein be stated.
31 The rent for the first 10 years shall be $5 per acre, or any
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1 fraction of an acre, per year. The actual rate charged for
2 all leases shall consist of the minimum rate of $15 per acre,
3 or any fraction of an acre, per year and shall be adjusted on
4 January 1, 1995, and every 5 years thereafter, based upon the
5 5-year average change in the Consumer Price Index. However,
6 the rent for any lease currently in effect shall not be
7 increased during the first 10 years of said lease. This rent
8 shall be paid in advance at the time of signing the lease up
9 to January 1 following, and annually thereafter in advance on
10 or before January 1, whether the lease be held by the original
11 lessee or by an heir, assignee, or transferee.
12 (b) A surcharge of $5 per acre, or any fraction of an
13 acre, per annum shall be levied upon each lease, other than a
14 perpetual lease granted pursuant to this subsection, and
15 deposited into the Marine Resources Conservation Trust Fund.
16 The surcharge shall be levied until the balance of receipts
17 from the surcharge equals or exceeds $30,000. For the fiscal
18 year immediately following the year in which the balance of
19 receipts from the surcharge equals or exceeds $30,000, no
20 surcharge shall be levied unless the balance from receipts
21 from the surcharge is less than or equal to $20,000. For the
22 fiscal year immediately following the year in which the
23 balance of receipts from the surcharge is less than or equal
24 to $20,000, the surcharge shall be and shall remain $5 per
25 acre, or any fraction of an acre, per annum until the balance
26 of receipts from the surcharge again is equal to or exceeds
27 $30,000. The purpose of the surcharge is to provide a
28 mechanism to have financial resources immediately available
29 for cleanup and rehabilitation of abandoned or vacated lease
30 sites. The department is authorized to adopt rules necessary
31 to carry out the provisions of this subsection.
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1 (c) Moneys in the fund that are not needed currently
2 for cleanup and rehabilitation of abandoned or vacated lease
3 sites shall be deposited with the Treasurer to the credit of
4 the fund and may be invested in such manner as is provided for
5 by statute. Interest received on such investment shall be
6 credited to the fund.
7 (d) Funds from receipts from the surcharge within the
8 Marine Resources Conservation Trust Fund from the surcharge
9 established by paragraph (b) shall be disbursed for the
10 following purposes and no others:
11 1. Administrative expenses, personnel expenses, and
12 equipment costs of the department related to cleanup and
13 rehabilitation of abandoned or vacated aquaculture lease sites
14 and enforcement of provisions of subsections (1)-(13).
15 2. All costs involved in the cleanup and
16 rehabilitation of abandoned or vacated lease sites.
17 3. All costs and damages which are the proximate
18 results of lease abandonment or vacation.
19 4. The department shall recover to the use of the fund
20 from the person or persons abandoning or vacating the lease,
21 jointly and severally, all sums owed or expended from the
22 fund. Requests for reimbursement to the fund for the above
23 costs, if not paid within 30 days of demand, shall be turned
24 over to the Department of Legal Affairs for collection.
25 (e) Effective cultivation shall consist of the growing
26 of the oysters or clams in a density suitable for commercial
27 harvesting over the amount of bottom prescribed by law. This
28 commercial density shall be accomplished by the planting of
29 seed oysters, shell, and cultch of various descriptions. The
30 Department of Environmental Protection Division of Marine
31 Resources may stipulate in each individual lease contract the
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1 types, shape, depth, size, and height of cultch materials on
2 lease bottoms according to the individual shape, depth,
3 location, and type of bottom of the proposed lease. Each
4 tenant leasing from the state water bottoms under the
5 provisions of this section shall have begun, within 1 year
6 from the date of such lease, bona fide cultivation of the
7 same, and shall, by the end of the second year from the
8 commencement of his or her lease, have placed under
9 cultivation at least one-fourth of the water bottom leased and
10 shall each year thereafter place in cultivation at least
11 one-fourth of the water bottom leased until the whole,
12 suitable for bedding of oysters or clams, shall have been put
13 in cultivation by the planting thereon of not less than 200
14 barrels of oysters, shell, or its equivalent in cultch to the
15 acre. When leases are granted, or when grants have heretofore
16 been made under existing laws for the planting of oysters or
17 clams, such lessee or grantee is authorized to plant the
18 leased or granted bottoms both in oysters and clams.
19 (f) These stipulations will apply to all leases
20 granted after the passing of this section. All leases
21 existing prior to the passing of this section will operate
22 under the law which was in effect when the leases were
23 granted.
24 (g) When evidence is gathered by the department and
25 such evidence conclusively shows a lack of effective
26 cultivation, the department may revoke leases and return the
27 bottoms in question to the public domain.
28 (h) The department has the authority to adopt rules
29 and regulations pertaining to the water column over shellfish
30 leases. All cultch materials in place 6 months after the
31 formal adoption and publication of rules and regulations
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1 establishing standards for cultch materials on shellfish
2 leases which do not comply with such rules and regulations may
3 be declared a nuisance by the department. The department
4 shall have the authority to direct the lessee to remove such
5 cultch in violation of this section. The department may
6 cancel a lease upon the refusal by the lessee violating such
7 rules and regulations to remove unlawful cultch materials, and
8 all improvements, cultch, marketable oysters, and shell shall
9 become the property of the state. The department shall have
10 the authority to retain, dispose of, or remove such materials
11 in the best interest of the state.
12 (5) INCREASE OF RENTALS AFTER 10 YEARS.--After 10
13 years from the execution of the lease, the rentals shall be
14 increased to a minimum of $1 per acre per annum. The
15 department shall assess rental value on the leased water
16 bottoms, taking into consideration their value as
17 oyster-growing or clam-growing water bottoms, their nearness
18 to factories, transportation, and other conditions adding
19 value thereto and placing such valuation upon them in shape of
20 annual rental to be paid thereunder as said condition shall
21 warrant.
22 (6) LEASES TRANSFERABLE, ETC.--The leases shall be
23 inheritable and transferable, in whole or in part, and shall
24 also be subject to mortgage, pledge, or hypothecation and
25 shall be subject to seizure and sale for debts as any other
26 property, rights, and credits in this state, and this
27 provision shall also apply to all buildings, betterments, and
28 improvements thereon. Leases granted under this section cannot
29 be transferred, by sale or barter, in whole or in part,
30 without the written, express acquiescence of the Department of
31 Environmental Protection Division of Marine Resources, and
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1 such a transferee shall pay a $50 transfer fee before
2 department division acquiescence may be given. No lease or
3 part of a lease may be transferred by sale or barter until the
4 lease has been in existence at least 2 years and has been
5 cultivated according to the statutory standards found in
6 paragraph (4)(e), except as otherwise provided by regulation
7 adopted by the department Division of Marine Resources. No
8 such inheritance or transfer shall be valid or of any force or
9 effect whatever unless evidenced by an authentic act,
10 judgment, or proper judicial deed, registered in the office of
11 the division in a book to be provided for said purpose. The
12 department division shall keep proper indexes so that all
13 original leases and all subsequent changes and transfers can
14 be easily and accurately ascertained.
15 (7) PAYMENT OF RENT; FORFEITURE FOR NONPAYMENT;
16 NOTICE, ETC.--All leases shall stipulate for the payment of
17 the annual rent in advance on or before January 1 of each
18 year, and the further stipulation that the failure of the
19 tenant to pay the rent punctually on or before that day, or
20 within 30 days thereafter shall ipso facto, and upon demand,
21 terminate and cancel said lease and forfeit to the state all
22 the works, improvements, betterments, oysters, and clams on
23 the leased water bottoms, and authorize the Department of
24 Environmental Protection Division of Marine Resources to at
25 once enter on said water bottom and take possession thereof,
26 and such water bottom shall then be open for lease as herein
27 provided; and the department division shall within 10 days
28 thereafter enter such termination, cancellation, and
29 forfeiture on its books and shall give such public notice
30 thereof, and of the fact that the water bottoms are open to
31 lease, as it shall deem proper; provided, that the department
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1 division may, in its discretion, waive such termination,
2 cancellation, and forfeiture when the rent due, with 10
3 percent additional, and all costs and expenses growing out of
4 such failure to pay, be tendered to it within 60 days after
5 the same became due; provided, that in all cases of
6 cancellation of lease, the department division shall, after 60
7 days' notice by publication in some newspaper published in the
8 state, having a general statewide circulation, which notice
9 shall contain a full description of the leased waters and beds
10 and any parts thereof, sell such lease to the highest and best
11 bidder; and all moneys received over and above the rents due
12 to the state, under the terms of the lease and provisions
13 herein, and costs and expenses growing out of such failure to
14 pay, shall be paid to the lessee forfeiting his or her rights
15 therein. No leased water bottoms shall be forfeited for
16 nonpayment of rent under the provisions of this section,
17 unless there shall previously have been mailed by the said
18 department division to the last known address of such tenant
19 according to the books of said department division, 30 days'
20 notice of the maturity of such lease. Whenever any leased
21 water bottoms are forfeited for nonpayment of rent, and there
22 is a plat or survey thereof in the archives of the department
23 division, when such bedding grounds are re-leased, no new
24 survey thereof shall be made, but the original stakes,
25 monuments, and bounds shall be preserved, and the new lease
26 shall be based upon the original survey. This subsection
27 shall also apply to all costs and expenses taxed against a
28 lessee by the department division under this section.
29 (8) CANCELLATION OF LEASES TO NATURAL REEFS.--Any
30 person, within 6 months from and after the execution of any
31 lease to water bottoms, may file a petition with the
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1 Department of Environmental Protection Division of Marine
2 Resources for the purpose of determining whether a natural
3 oyster or clam reef having an area of not less than 100 square
4 yards existed within the leased area on the date of the lease,
5 with sufficient natural or maternal oysters or clams thereon
6 (not including coon oysters) to have constituted a stratum
7 sufficient to have been resorted to by the public generally
8 for the purpose of gathering the same to sell for a
9 livelihood. The petition shall be in writing addressed to the
10 Division of Marine Resources of the Department of
11 Environmental Protection, verified under oath, stating the
12 location and approximate area of the natural reef and the
13 claim or interest of the petitioner therein and requesting the
14 cancellation of the lease to the said natural reef. No
15 petition may be considered unless it is accompanied by a
16 deposit of $10 to defray the expense of examining into the
17 matter. The petition may include several contemporaneous
18 natural reefs of oysters or clams. Upon receipt of such
19 petition, the department division shall cause an investigation
20 to be made into the truth of the allegations of the petition,
21 and, if found untrue, the $10 deposit shall be retained by the
22 department division to defray the expense of the
23 investigation, but should the allegations of the petition be
24 found true and the leased premises to contain a natural oyster
25 or clam reef, as above described, the said $10 shall be
26 returned to the petitioner and the costs and expenses of the
27 investigation taxed against the lessee and the lease canceled
28 to the extent of the natural reef and the same shall be marked
29 with buoys and stakes and notices placed thereon showing the
30 same to be a public reef, the cost of the markers and notices
31 to be taxed against the lessee.
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1 (9) WHEN NATURAL REEFS MAY BE INCLUDED IN LEASE.--When
2 an application for oyster or clam bedding grounds is filed and
3 upon survey of such bedding ground, it should develop that the
4 area applied for contains natural oyster or clam reefs or beds
5 less in size than 100 square yards, or oyster or clam reefs or
6 bars of greater size, but not of sufficient quantity to
7 constitute a stratum, and it should further be made to appear
8 to the Department of Environmental Protection Division of
9 Marine Resources by the affidavit of the applicant, together
10 with such other proof as the department division may require,
11 that the natural reef, bed, or bar could not be excluded, and
12 the territory applied for properly protected or policed, the
13 department division may, if it deems it for the best interest
14 of the state and the oyster industry so to do, permit the
15 including of such natural reefs, beds, or bars; and it shall
16 fix a reasonable value on the same, to be paid by the
17 applicant for such bedding ground; provided, that no such
18 natural reefs shall be included in any lease hereafter granted
19 to the bottom or bed of waters of this state contiguous to
20 Franklin County. There shall be no future oyster leases
21 issued in Franklin County except for purposes of oyster
22 aquaculture activities approved under ss. 253.67-253.75.
23 However, such aquaculture leases shall be for an area not
24 larger than 1 acre and shall not be transferred or subleased.
25 Only the flexible belt system or off-bottom methods may be
26 used for aquaculture on these lease areas, and no cultch
27 materials shall be placed on the bottom of the lease areas.
28 Under no circumstances shall mechanical dredging devices be
29 used to harvest oysters on such lease areas. Oyster
30 aquaculture leases issued in Franklin County shall be issued
31 only to Florida residents.
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1 (10) SETTLEMENT OF BOUNDARY DISPUTES; REVIEW.--The
2 Department of Environmental Protection Division of Marine
3 Resources shall determine and settle all disputes as to
4 boundaries between lessees of bedding grounds. The department
5 division shall, in all cases, be the judge as to whether any
6 particular bottom is or is not a natural reef or whether it is
7 suitable for bedding oysters or clams.
8 (11) TRESPASS ON LEASED BEDS; GATHERING OYSTERS AND
9 CLAMS BETWEEN SUNSET AND SUNRISE FROM NATURAL REEFS, ETC.--Any
10 person who willfully takes oysters, shells, cultch, or clams
11 bedded or planted by a licensee under this chapter, or grantee
12 under the provisions of heretofore existing laws, or riparian
13 owner who may have heretofore planted the same on his or her
14 riparian bottoms, or any oysters or clams deposited by anyone
15 making up a cargo for market, or who willfully carries or
16 attempts to carry away the same without permission of the
17 owner thereof, or who willfully or knowingly removes, breaks
18 off, destroys, or otherwise injures or alters any stakes,
19 bounds, monuments, buoys, notices, or other designations of
20 any natural oyster or clam reefs or beds or private bedding or
21 propagating grounds, or who willfully injures, destroys, or
22 removes any other protection around any oyster or clam beds,
23 or who willfully moves any bedding ground stakes, buoys,
24 marks, or designations, placed by the department division, or
25 who gathers oysters or clams between sunset and sunrise from
26 the natural reefs or from private bedding grounds, is guilty
27 of a violation of this section.
28 (12) PROTECTION OF OYSTER AND CLAM REEFS AND
29 SHELLFISH.--
30 (a) The Department of Environmental Protection
31 Division of Marine Resources shall improve, enlarge, and
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1 protect the natural oyster and clam reefs of this state to the
2 extent it may deem advisable and the means at its disposal
3 will permit.
4 (b) The department division shall also, to the same
5 extent, assist in protecting shellfish aquaculture products
6 produced on leased or granted reefs in the hands of lessees or
7 grantees from the state. Harvesting shellfish is prohibited
8 within a distance of 25 feet outside lawfully marked lease
9 boundaries or within setback and access corridors within
10 specifically designated high-density aquaculture lease areas
11 and aquaculture use zones.
12 (c) The department division shall provide the
13 Legislature annually with recommendations for the development
14 and the proper protection of the rights of the state and
15 private holders therein with respect to the oyster and clam
16 business.
17 (13) STAKING OFF WATER BOTTOMS OR BEDDING OYSTERS
18 WITHOUT OBTAINING LEASE.--Any person staking off the water
19 bottoms of this state, or bedding oysters on the bottoms of
20 the waters of this state, without previously leasing same as
21 required by law shall be guilty of a violation of this
22 section, and shall acquire no rights by reason of such staking
23 off. This provision does not apply to grants heretofore made
24 under the provisions of any heretofore existing laws or to
25 artificial beds made heretofore by a riparian owner or his or
26 her grantees on the owner's riparian bottoms.
27 (14) SHELLFISH HARVESTING SEASONS; DAYS: SPECIAL
28 PROVISIONS RELATING TO APALACHICOLA BAY.--
29 (a) The Fish and Wildlife Conservation Commission
30 Marine Fisheries Commission shall consider setting the
31
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1 shellfish harvesting seasons in the Apalachicola Bay as
2 follows:
3 1. The open season shall be from October 1 to July 31
4 of each year.
5 2. The entire bay, including private leased or granted
6 grounds, shall be closed to shellfish harvesting from August 1
7 to September 30 of each year for the purpose of oyster
8 relaying and transplanting and shell planting.
9 (b) If the commission changes the harvesting seasons
10 by rule as set forth in this subsection, for 3 years after the
11 rule takes effect, the commission department shall monitor the
12 impacts of the new harvesting schedule on the bay and on local
13 shellfish harvesters to determine whether the new harvesting
14 schedule should be discontinued, retained, or modified. In
15 monitoring the new schedule and in preparing its report, the
16 commission department shall consider the following:
17 1. Whether the bay benefits ecologically from being
18 closed to shellfish harvesting from August 1 to September 30
19 of each year.
20 2. Whether the new harvesting schedule enhances the
21 enforcement of shellfish harvesting laws in the bay.
22 3. Whether the new harvesting schedule enhances
23 natural shellfish production, oyster relay and planting
24 programs, and shell planting programs in the bay.
25 4. Whether the new harvesting schedule has more than a
26 short-term adverse economic impact, if any, on local shellfish
27 harvesters.
28 (c) The Fish and Wildlife Conservation Commission
29 Marine Fisheries Commission by rule shall consider restricting
30 harvesting on shellfish grants or leases to the same days of
31 the week as harvesting on public beds.
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1 (15) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
2 REEFS; LICENSES, ETC., PENALTY.--
3 (a) It is unlawful to use a dredge or any means or
4 implement other than hand tongs in removing oysters from the
5 natural or artificial state reefs. This restriction shall
6 apply to all areas of the Apalachicola Bay for all shellfish
7 harvesting, excluding private grounds leased or granted by the
8 state prior to July 1, 1989, if the lease or grant
9 specifically authorizes the use of implements other than hand
10 tongs for harvesting. Except in the Apalachicola Bay, upon
11 the payment of $25 annually, for each vessel or boat using a
12 dredge or machinery in the gathering of clams or mussels, a
13 special activity license may be issued by the Fish and
14 Wildlife Conservation Commission division pursuant to s.
15 370.06 for such use to such person.
16 (b) Special activity licenses issued to harvest
17 shellfish by dredge or other mechanical means from privately
18 held shellfish leases or grants in Apalachicola Bay shall
19 include, but not be limited to, the following conditions:
20 1. The use of any mechanical harvesting device other
21 than ordinary hand tongs for taking shellfish for any purpose
22 from public shellfish beds in Apalachicola Bay shall be
23 unlawful.
24 2. The possession of any mechanical harvesting device
25 on the waters of Apalachicola Bay from 5 p.m. until sunrise
26 shall be unlawful.
27 3. Leaseholders or grantees shall telephonically
28 notify the Fish and Wildlife Conservation Division of Law
29 Enforcement and the Division of Marine Resources no less than
30 48 hours prior to each day's use of a dredge or scrape in
31 order to arrange for a commission Marine Patrol officer to be
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1 present on the lease or grant area while a dredge or scrape is
2 used on the lease or grant. Under no circumstances may a
3 dredge or scrape be used without a commission Marine Patrol
4 officer present.
5 4. Only two dredges or scrapes per lease or grant may
6 be possessed or operated at any time.
7 5. Each vessel used for the transport or deployment of
8 a dredge or scrape shall prominently display the lease or
9 grant number or numbers, in numerals which are at least 12
10 inches high and 6 inches wide, in such a manner that the lease
11 or grant number or numbers are readily identifiable from both
12 the air and the water. The commission department shall apply
13 other statutes, rules, or conditions necessary to protect the
14 environment and natural resources from improper transport,
15 deployment, and operation of a dredge or scrape. Any
16 violation of this paragraph or of any other statutes, rules,
17 or conditions referenced in the special activity license shall
18 be considered a violation of the license and shall result in
19 revocation of the license and forfeiture of the bond submitted
20 to the commission department as a prerequisite to the issuance
21 of this license.
22 (c) Oysters may be harvested from natural or public or
23 private leased or granted grounds by common hand tongs or by
24 hand, by scuba diving, free diving, leaning from vessels, or
25 wading. In the Apalachicola Bay, this provision shall apply
26 to all shellfish.
27 (16) FISHING FOR RELAYING OR TRANSPLANTING PURPOSES.--
28 (a) Designation of areas for the taking of oysters and
29 clams to be planted on leases, grants, and public areas is to
30 be made by qualified personnel of the Fish and Wildlife
31 Conservation Commission Division of Marine Resources. Oysters,
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1 clams, and mussels may be taken for relaying or transplanting
2 at any time during the year so long as, in the opinion of the
3 commission division, the public health will not be endangered.
4 The amount of oysters, clams, and mussels to be obtained for
5 relaying or transplanting, the area relayed or transplanted
6 to, and relaying or transplanting time periods will be
7 established in each case by the commission division.
8 (b) Application for a special activity license issued
9 pursuant to s. 370.06 for obtaining oysters, clams, or mussels
10 for relaying from closed shellfish harvesting areas to
11 shellfish or aquaculture leases in open areas or certified
12 controlled purification plants or transplanting sublegal-sized
13 oysters, clams, or mussels to shellfish aquaculture leases for
14 growout or cultivation purposes must be made to the commission
15 division. In return, the commission division may assign an
16 area and a period of time for the oysters, clams, or mussels
17 to be relayed or transplanted to be taken. All relaying and
18 transplanting operations shall take place under the
19 surveillance of the commission division.
20 (c) Relayed oysters, clams, or mussels shall not be
21 subsequently harvested for any reason without written
22 permission or public notice from the commission division, if
23 oysters, clams, or mussels were relayed from areas not
24 approved by the commission division as shellfish harvesting
25 areas.
26 (17) LICENSES; OYSTER, CLAM, AND MUSSEL
27 CANNERIES.--Every person as a condition precedent to the
28 operation of any oyster, clam, or mussel canning factory in
29 this state shall obtain a license pursuant to s. 370.071 and
30 pay a license fee of $50.
31
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1 (18) FALSE RETURNS AS TO OYSTERS OR CLAMS
2 HANDLED.--Each packer, canner, corporation, firm, commission
3 person, or dealer in fish shall, on the first day of each
4 month, make a return under oath to the Fish and Wildlife
5 Conservation Commission Division of Marine Resources, as to
6 the number of oysters, clams, and shellfish purchased, caught,
7 or handled during the preceding month. Whoever is found
8 guilty of making any false affidavit to any such report is
9 guilty of perjury and punished as provided by law, and any
10 person who fails to make such report shall be punished by a
11 fine not exceeding $500 or by imprisonment in the county jail
12 not exceeding 6 months.
13 (19) DEPOSIT OF SHELLFISH LEASE RENTAL FEES.--Rental
14 fees for shellfish leases issued under this section shall be
15 deposited into the Marine Resources Conservation Trust Fund
16 and used for shellfish-related aquaculture activities,
17 including research, lease compliance inspections, mapping, and
18 siting.
19 (20) WATER PATROL FOR COLLECTION OF TAX.--
20 (a) The Fish and Wildlife Conservation Commission
21 Division of Law Enforcement may establish and maintain
22 necessary patrols of the salt waters of Florida, with
23 authority to use such force as may be necessary to capture any
24 vessel or person violating the provisions of the laws relating
25 to oysters and clams, and may establish ports of entry at
26 convenient locations where the severance or privilege tax
27 levied on oysters and clams may be collected or paid and may
28 make such rules and regulations as it may deem necessary for
29 the enforcement of such tax.
30 (b) Each person in any way dealing in shellfish shall
31 keep a record, on blanks or forms prescribed by the commission
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1 Division of Marine Resources, of all oysters, clams, and
2 shellfish taken, purchased, used, or handled by him or her,
3 with the name of the persons from whom purchased, if
4 purchased, together with the quantity and the date taken or
5 purchased, and shall exhibit this account at all times when
6 requested so to do by the commission division or any
7 conservation agent; and he or she shall, on the first day of
8 each month, make a return under oath to the commission
9 division as to the number of oysters, clams, and shellfish
10 purchased, caught, or handled during the preceding month. The
11 commission division may require detailed returns whenever it
12 deems them necessary.
13 (21) SEIZURE OF VESSELS AND CARGOES VIOLATING OYSTER
14 AND CLAM LAWS, ETC.--Vessels, with their cargoes, violating
15 the provisions of the laws relating to oysters and clams may
16 be seized by anyone duly and lawfully authorized to make
17 arrests under this section or by any sheriff or the sheriff's
18 deputies, and taken into custody, and when not arrested by the
19 sheriff or the sheriff's deputies, delivered to the sheriff of
20 the county in which the seizure is made, and shall be liable
21 to forfeiture, on appropriate proceedings being instituted by
22 the Fish and Wildlife Conservation Commission Division of
23 Marine Resources, before the courts of that county. In such
24 case the cargo shall at once be disposed of by the sheriff,
25 for account of whom it may concern. Should the master or any
26 of the crew of said vessel be found guilty of using dredges or
27 other instruments in fishing oysters on natural reefs contrary
28 to law, or fishing on the natural oyster or clam reefs out of
29 season, or unlawfully taking oysters or clams belonging to a
30 lessee, such vessel shall be declared forfeited by the court,
31 and ordered sold and the proceeds of the sale shall be
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1 deposited with the Treasurer to the credit of the General
2 Revenue Fund; any person guilty of such violations shall not
3 be permitted to have any license provided for in this chapter
4 within a period of 1 year from the date of conviction.
5 Pending proceedings such vessel may be released upon the owner
6 furnishing bond, with good and solvent security in double the
7 value of the vessel, conditioned upon its being returned in
8 good condition to the sheriff to abide the judgment of the
9 court.
10 (22) OYSTER AND CLAM REHABILITATION.--The board of
11 county commissioners of the several counties may appropriate
12 and expend such sums as it may deem proper for the purpose of
13 planting or transplanting oysters, clams, oyster shell, clam
14 shell, or cultch or to perform such other acts for the
15 enhancement of the oyster and clam industries of the state,
16 out of any sum in the county treasury not otherwise
17 appropriated.
18 (23) DREDGING OF DEAD SHELLS PROHIBITED.--The dredging
19 of dead shell deposits is prohibited in the state.
20 (24) COOPERATION WITH UNITED STATES FISH AND WILDLIFE
21 SERVICE.--The Fish and Wildlife Conservation Commission
22 Division of Marine Resources shall cooperate with the United
23 States Fish and Wildlife Service, under existing federal laws,
24 rules, and regulations, and is authorized to accept donations,
25 grants, and matching funds from the Federal Government in
26 order to carry out its oyster resource and development
27 responsibilities. The commission division is further
28 authorized to accept any and all donations including funds,
29 oysters, or oyster shells.
30 (25) OYSTER AND CLAM SHELLS PROPERTY OF DIVISION.--
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1 (a) Except for oysters used directly in the half-shell
2 trade, 50 percent of all shells from oysters and clams shucked
3 commercially in the state shall be and remain the property of
4 the Department of Environmental Protection Division of Marine
5 Resources when such shells are needed and required for
6 rehabilitation projects and planting operations, in
7 cooperation with the Fish and Wildlife Conservation
8 Commission, when sufficient resources and facilities exist for
9 handling and planting said shell, and when the collection and
10 handling of such shell is practical and useful, except that
11 bona fide holders of leases and grants may retain 75 percent
12 of such shell as they produce for planting purposes by
13 obtaining a special activity license from the commission
14 division pursuant to s. 370.06. Storage, transportation, and
15 planting of shells so retained by lessees and grantees shall
16 be carried out under the surveillance of agents of the
17 department division and be subject to such reasonable time
18 limits as the department division may fix. In the event of an
19 accumulation of an excess of shells, the department division
20 is authorized to sell shells only to private growers for use
21 in oyster or clam cultivation on bona fide leases and grants.
22 No profit shall accrue to the department division in these
23 transactions, and shells are to be sold for the estimated
24 moneys spent by the department division to gather and
25 stockpile the shells. Planting of shells obtained from the
26 department division by purchase shall be subject to the
27 surveillance of the department division if the department
28 division chooses to exercise its right of supervision. Any
29 shells not claimed and used by private oyster cultivators 10
30 years after shells are gathered and stockpiled may be sold at
31 auction to the highest bidder for any private use.
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1 (b) Whenever the department division determines that
2 it is unfeasible to collect oyster or clam shells, the shells
3 become the property of the producer.
4 (c) Whenever oyster or clam shells are owned by the
5 department division and it is not useful or feasible to use
6 them in the rehabilitation projects, and when no leaseholder
7 has exercised his or her option to acquire them, the
8 department division may sell such shells for the highest price
9 obtainable. The shells thus sold may be used in any manner
10 and for any purpose at the discretion of the purchaser.
11 (d) Moneys derived from the sale of shell shall be
12 deposited in the Marine Resources Conservation Trust Fund for
13 shellfish programs.
14 (e) The department division shall annually publish
15 notice, in a newspaper serving the county, of its intention to
16 collect the oyster and clam shells and shall notify, by
17 certified mail, each shucking establishment from which shells
18 are to be collected. The notice shall contain the period of
19 time the department division intends to collect the shells in
20 that county and the collection purpose.
21 (26) OYSTER CULTURE.--The Fish and Wildlife
22 Conservation Commission Division of Marine Resources shall
23 protect all oyster beds, oyster grounds, and oyster reefs from
24 damage or destruction resulting from improper cultivation,
25 propagation, planting, or harvesting and control the pollution
26 of the waters over or surrounding oyster grounds, beds, or
27 reefs, and to this end the Department of Health and
28 Rehabilitative Services is authorized and directed to lend its
29 cooperation to the commission division, to make available to
30 it its laboratory testing facilities and apparatus. The
31 commission division may also do and perform all acts and
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1 things within its power and authority necessary to the
2 performance of its duties.
3 (27) HEALTH PERMITS.--
4 (a) Any person engaged in harvesting, handling, or
5 processing oysters for commercial use shall be required to
6 obtain a health permit from the county health department or
7 from a private physician.
8 (b) No person shall be employed or remain employed in
9 a certified oyster house without the possession of the
10 required health permit.
11 (c) For the purpose of this subsection, "commercial
12 use" shall be a quantity of more than 4 bushels, or more than
13 2 gallons, of shucked oysters, per person or per boat, or any
14 number or quantity of oysters if the oysters are to be sold.
15 (28) REQUIREMENTS FOR OYSTER VESSELS.--
16 (a) All vessels used for the harvesting, gathering, or
17 transporting of oysters for commercial use shall be
18 constructed and maintained to prevent contamination or
19 deterioration of oysters. To this end, all such vessels shall
20 be provided with false bottoms and bulkheads fore and aft to
21 prevent oysters from coming in contact with any bilge water.
22 No dogs or other animals shall be allowed at any time on
23 vessels used to harvest or transport oysters. A violation of
24 any provision of this subsection shall result in at least the
25 revocation of the violator's license.
26 (b) For the purpose of this subsection, "commercial
27 use" shall be a quantity of more than 4 bushels, or more than
28 2 gallons, of shucked oysters, per person or per boat, or any
29 number or quantity of oysters if the oysters are to be sold.
30
31
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1 Section 13. Subsections (2), (3), (8), (9), (10), and
2 (11) of section 370.26, Florida Statutes, 1998 Supplement, are
3 amended to read:
4 370.26 Aquaculture definitions; marine aquaculture
5 products, producers, and facilities.--
6 (2) The Department of Environmental Protection shall
7 encourage the development of aquaculture and the production of
8 aquaculture products. The department shall develop a process
9 consistent with this section that would consolidate permits,
10 general permits, special activity licenses, and other
11 regulatory requirements to streamline the permitting process
12 and result in effective regulation of aquaculture activities.
13 This process shall provide for a single application and
14 application fee for marine aquaculture activities which are
15 regulated by the department. Procedures to consolidate
16 permitting actions under this section do not constitute rules
17 within the meaning of s. 120.52.
18 (3) The Department of Agriculture and Consumer
19 Services shall act as a clearinghouse for aquaculture
20 applications, and act as a liaison between the Fish and
21 Wildlife Conservation Commission Division of Marine Resources,
22 the Division of State Lands, the Department of Environmental
23 Protection district offices, other divisions within the
24 Department of Environmental Protection, and the water
25 management districts. The Department of Agriculture and
26 Consumer Services shall be responsible for regulating marine
27 aquaculture producers, except as specifically provided herein.
28 (8) The department shall:
29 (a) Coordinate with the Aquaculture Review Council,
30 the Aquaculture Interagency Coordinating Council, and the
31
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1 Department of Agriculture and Consumer Services when
2 developing criteria for aquaculture general permits.
3 (b) Permit experimental technologies to collect and
4 evaluate data necessary to reduce or mitigate environmental
5 concerns.
6 (c) Provide technical expertise and promote the
7 transfer of information that would be beneficial to the
8 development of aquaculture.
9 (9) The Fish and Wildlife Conservation Commission
10 department shall encourage the development of aquaculture in
11 the state through the following:
12 (a) Providing assistance in developing technologies
13 applicable to aquaculture activities, evaluating practicable
14 production alternatives, and providing management agreements
15 to develop innovative culture practices.
16 (b) Permitting experimental technologies to collect
17 and evaluate data necessary to reduce or mitigate
18 environmental concerns.
19 (c) Providing technical expertise and promoting the
20 transfer of information that would be beneficial to the
21 development of aquaculture.
22 (b)(d) Facilitating aquaculture research on life
23 histories, stock enhancement, and alternative species, and
24 providing research results that would assist in the
25 evaluation, development, and commercial production of
26 candidate species for aquaculture, including:
27 1. Providing eggs, larvae, fry, and fingerlings to
28 aquaculturists when excess cultured stocks are available from
29 the commission's department's facilities and the culture
30 activities are consistent with the commission's department's
31 stock enhancement projects. Such stocks may be obtained by
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1 reimbursing the commission department for the cost of
2 production on a per-unit basis. Revenues resulting from the
3 sale of stocks shall be deposited into the trust fund used to
4 support the production of such stocks.
5 2. Conducting research programs to evaluate candidate
6 species when funding and staff are available.
7 3. Encouraging the private production of marine fish
8 and shellfish stocks for the purpose of providing such stocks
9 for statewide stock enhancement programs. When such stocks
10 become available, the commission department shall reduce or
11 eliminate duplicative production practices that would result
12 in direct competition with private commercial producers.
13 4. Developing a working group, in cooperation with the
14 Department of Agriculture and Consumer Services, the
15 Aquaculture Review Council, and the Aquaculture Interagency
16 Coordinating Council, to plan and facilitate the development
17 of private marine fish and nonfish hatcheries and to encourage
18 private/public partnerships to promote the production of
19 marine aquaculture products.
20 (c)(e) Coordinating with Cooperating with the Game and
21 Fresh Water Fish Commission and public and private research
22 institutions within the state to advance the aquaculture
23 production and sale of sturgeon as a food fish.
24 (10) The Fish and Wildlife Conservation Commission
25 department shall coordinate with the Aquaculture Review
26 Council and the Department of Agriculture and Consumer
27 Services to establish and implement grant programs to provide
28 funding for projects and programs that are identified in the
29 state's aquaculture plan, pending legislative appropriations.
30 The commission department and the Department of Agriculture
31 and Consumer Services shall establish and implement a grant
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1 program to make grants available to qualified nonprofit,
2 educational, and research entities or local governments to
3 fund infrastructure, planning, practical and applied research,
4 development projects, production economic analysis, and
5 training and stock enhancement projects, and to make grants
6 available to counties, municipalities, and other state and
7 local entities for applied aquaculture projects that are
8 directed to economic development, pending legislative
9 appropriations.
10 (11) The Fish and Wildlife Conservation Commission
11 department shall provide assistance to the Department of
12 Agriculture and Consumer Services in the development of an
13 aquaculture plan for the state.
14 Section 14. Subsection (5) of section 932.7055,
15 Florida Statutes, 1998 Supplement, is amended to read:
16 932.7055 Disposition of liens and forfeited
17 property.--
18 (5) If the seizing agency is a state agency, all
19 remaining proceeds shall be deposited into the General Revenue
20 Fund. However, if the seizing agency is:
21 (a) The Department of Law Enforcement, the proceeds
22 accrued pursuant to the provisions of the Florida Contraband
23 Forfeiture Act shall be deposited into the Forfeiture and
24 Investigative Support Trust Fund as provided in s. 943.362 or
25 into the department's Federal Law Enforcement Trust Fund as
26 provided in s. 943.365, as applicable.
27 (b) The Department of Environmental Protection, the
28 proceeds accrued pursuant to the provisions of the Florida
29 Contraband Forfeiture Act shall be deposited into the
30 Forfeited Property Trust Fund Marine Resources Conservation
31 Trust Fund to be used for law enforcement purposes as provided
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1 in ss. 370.021 and 370.061 or into the department's Federal
2 Law Enforcement Trust Fund as provided in s. 20.2553, as
3 applicable.
4 (c) The Division of Alcoholic Beverages and Tobacco,
5 the proceeds accrued pursuant to the Florida Contraband
6 Forfeiture Act shall be deposited into the Alcoholic Beverage
7 and Tobacco Trust Fund or into the department's Federal Law
8 Enforcement Trust Fund as provided in s. 561.027, as
9 applicable.
10 (d) The Department of Highway Safety and Motor
11 Vehicles, the proceeds accrued pursuant to the Florida
12 Contraband Forfeiture Act shall be deposited into the
13 Department of Highway Safety and Motor Vehicles Law
14 Enforcement Trust Fund as provided in s. 932.705(1)(a) or into
15 the department's Federal Law Enforcement Trust Fund as
16 provided in s. 932.705(1)(b), as applicable.
17 (e) The Fish and Wildlife Conservation Game and Fresh
18 Water Fish Commission, the proceeds accrued pursuant to the
19 provisions of the Florida Contraband Forfeiture Act shall be
20 deposited into the State Game Trust Fund as provided in ss.
21 372.73, 372.9901, and 372.9904 or into the commission's
22 Federal Law Enforcement Trust Fund as provided in s. 372.107,
23 as applicable.
24 (f) A state attorney's office acting within its
25 judicial circuit, the proceeds accrued pursuant to the
26 provisions of the Florida Contraband Forfeiture Act shall be
27 deposited into the State Attorney's Forfeiture and
28 Investigative Support Trust Fund to be used for the
29 investigation of crime and prosecution of criminals within the
30 judicial circuit.
31
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1 (g) A school board security agency employing law
2 enforcement officers, the proceeds accrued pursuant to the
3 provisions of the Florida Contraband Forfeiture Act shall be
4 deposited into the School Board Law Enforcement Trust Fund.
5 (h) One of the State University System police
6 departments acting within the jurisdiction of its employing
7 state university, the proceeds accrued pursuant to the
8 provisions of the Florida Contraband Forfeiture Act shall be
9 deposited into that state university's special law enforcement
10 trust fund.
11 (i) The Department of Agriculture and Consumer
12 Services, the proceeds accrued pursuant to the provisions of
13 the Florida Contraband Forfeiture Act shall be deposited into
14 the Agricultural Law Enforcement Trust Fund or into the
15 department's Federal Law Enforcement Trust Fund as provided in
16 s. 570.205, as applicable.
17 (j) The Department of Military Affairs, the proceeds
18 accrued from federal forfeiture sharing pursuant to 21 U.S.C.
19 ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19
20 U.S.C. s. 1616a shall be deposited into the Armory Board Trust
21 Fund and used for purposes authorized by such federal
22 provisions based on the department's budgetary authority or
23 into the department's Federal Law Enforcement Trust Fund as
24 provided in s. 250.175, as applicable.
25 Section 15. Subsection (1) of section 20.055, Florida
26 Statutes, 1998 Supplement, is amended to read:
27 20.055 Agency inspectors general.--
28 (1) For the purposes of this section:
29 (a) "State agency" means each department created
30 pursuant to this chapter, and also includes the Executive
31 Office of the Governor, the Department of Military Affairs,
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1 the Parole Commission, the Board of Regents, the Fish and
2 Wildlife Conservation Game and Fresh Water Fish Commission,
3 the Public Service Commission, and the state courts system.
4 (b) "Agency head" means the Governor, a Cabinet
5 officer, a secretary as defined in s. 20.03(5), or an
6 executive director as defined in s. 20.03(6). It also includes
7 the chair of the Public Service Commission and the Chief
8 Justice of the State Supreme Court.
9 Section 16. Subsection (1) of section 23.21, Florida
10 Statutes, is amended to read:
11 23.21 Definitions.--For purposes of this part:
12 (1) "Department" means a principal administrative unit
13 within the executive branch of state government, as defined in
14 chapter 20, and includes the State Board of Administration,
15 the Executive Office of the Governor, the Fish and Wildlife
16 Conservation Game and Fresh Water Fish Commission, the Parole
17 Commission, the Agency for Health Care Administration, the
18 Board of Regents, the State Board of Community Colleges, the
19 Justice Administrative Commission, the Capital Collateral
20 Representative, and separate budget entities placed for
21 administrative purposes within a department.
22 Section 17. Paragraph (b) of subsection (1) of section
23 120.52, Florida Statutes, is amended to read:
24 120.52 Definitions.--As used in this act:
25 (1) "Agency" means:
26 (b) Each state officer and state department,
27 departmental unit described in s. 20.04, commission, regional
28 planning agency, board, multicounty special district with a
29 majority of its governing board comprised of nonelected
30 persons, and authority, including, but not limited to, the
31 Commission on Ethics and the Fish and Wildlife Conservation
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1 Game and Fresh Water Fish Commission when acting pursuant to
2 statutory authority derived from the Legislature, educational
3 units, and those entities described in chapters 163, 298, 373,
4 380, and 582 and s. 186.504, except any legal entity or agency
5 created in whole or in part pursuant to chapter 361, part II,
6 an expressway authority pursuant to chapter 348, or any legal
7 or administrative entity created by an interlocal agreement
8 pursuant to s. 163.01(7), unless any party to such agreement
9 is otherwise an agency as defined in this subsection.
10 (c) Each other unit of government in the state,
11 including counties and municipalities, to the extent they are
12 expressly made subject to this act by general or special law
13 or existing judicial decisions.
14 Section 18. Subsection (5) of section 120.81, Florida
15 Statutes, is amended to read:
16 120.81 Exceptions and special requirements; general
17 areas.--
18 (5) HUNTING AND FISHING REGULATION.--Agency action
19 which has the effect of altering established hunting or
20 fishing seasons, or altering established annual harvest limits
21 for saltwater fishing if the procedure for altering such
22 harvest limits is set out by rule of the Fish and Wildlife
23 Conservation Marine Fisheries Commission, is not a rule as
24 defined by this chapter, provided such action is adequately
25 noticed in the area affected through publishing in a newspaper
26 of general circulation or through notice by broadcasting by
27 electronic media.
28 Section 19. Subsection (6) of section 163.3244,
29 Florida Statutes, is amended to read:
30 163.3244 Sustainable communities demonstration
31 project.--
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1 (6) The secretary of the Department of Environmental
2 Protection, the Secretary of Community Affairs, the Secretary
3 of Transportation, the Commissioner of Agriculture, the
4 executive director of the Fish and Wildlife Conservation Game
5 and Fresh Water Fish Commission, and the executive directors
6 of the five water management districts shall have the
7 authority to enter into agreements with landowners,
8 developers, businesses, industries, individuals, and
9 governmental agencies as may be necessary to effectuate the
10 provisions of this section.
11 Section 20. Subsection (6) of section 186.003, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 186.003 Definitions.--As used in ss. 186.001-186.031
14 and 186.801-186.911, the term:
15 (6) "State agency" means each executive department,
16 the Fish and Wildlife Conservation Game and Fresh Water Fish
17 Commission, the Parole Commission, and the Department of
18 Military Affairs.
19 Section 21. Subsection (1) of section 186.005, Florida
20 Statutes, is amended to read:
21 186.005 Designation of departmental planning
22 officer.--
23 (1) The head of each executive department and the
24 Public Service Commission, the Fish and Wildlife Conservation
25 Game and Fresh Water Fish Commission, the Parole Commission,
26 and the Department of Military Affairs shall select from
27 within such agency a person to be designated as the planning
28 officer for such agency. The planning officer shall be
29 responsible for coordinating with the Executive Office of the
30 Governor and with the planning officers of other agencies all
31
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1 activities and responsibilities of such agency relating to
2 planning.
3 Section 22. Subsection (1) of section 229.8058,
4 Florida Statutes, is amended to read:
5 229.8058 Advisory Council on Environmental Education;
6 establishment; responsibilities.--
7 (1) There is created within the Legislature the
8 Advisory Council on Environmental Education. The council shall
9 have 14 voting members, including:
10 (a) Two members of the Senate, appointed by the
11 President of the Senate.
12 (b) Two members of the House of Representatives,
13 appointed by the Speaker of the House of Representatives.
14 (c) Five members appointed by the Governor.
15 (d) A representative of the Department of Education.
16 (e) A representative of the Department of
17 Environmental Protection.
18 (f) A representative of the Fish and Wildlife
19 Conservation Game and Fresh Water Fish Commission.
20 (g) A representative of the Executive Office of the
21 Governor.
22 (h) The chair of the Environmental Education
23 Foundation.
24 Section 23. Subsection (6) of section 240.155, Florida
25 Statutes, is amended to read:
26 240.155 Campus master plans and campus development
27 agreements.--
28 (6) Before a campus master plan is adopted, a copy of
29 the draft master plan must be sent for review to the host and
30 any affected local governments, the state land planning
31 agency, the Department of Environmental Protection, the
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1 Department of Transportation, the Department of State, the
2 Fish and Wildlife Conservation Game and Fresh Water Fish
3 Commission, and the applicable water management district and
4 regional planning council. These agencies must be given 90
5 days after receipt of the campus master plans in which to
6 conduct their review and provide comments to the Board of
7 Regents. The commencement of this review period must be
8 advertised in newspapers of general circulation within the
9 host local government and any affected local government to
10 allow for public comment. Following receipt and consideration
11 of all comments, and the holding of at least two public
12 hearings within the host jurisdiction, the Board of Regents
13 shall adopt the campus master plan. It is the intent of the
14 Legislature that the Board of Regents comply with the notice
15 requirements set forth in s. 163.3184(15) to ensure full
16 public participation in this planning process. Campus master
17 plans developed under this section are not rules and are not
18 subject to chapter 120 except as otherwise provided in this
19 section.
20 Section 24. Subsection (1) of section 252.365, Florida
21 Statutes, is amended to read:
22 252.365 Designation of emergency coordination
23 officers.--
24 (1) The head of each executive department, the
25 executive director of each water management district, the
26 Public Service Commission, the Fish and Wildlife Conservation
27 Game and Fresh Water Fish Commission, and the Department of
28 Military Affairs shall select from within such agency a person
29 to be designated as the emergency coordination officer for the
30 agency and an alternate.
31
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1 Section 25. Section 253.05, Florida Statutes, is
2 amended to read:
3 253.05 Prosecuting officers to assist in protecting
4 state lands.--State attorneys, other prosecuting officers of
5 the state or county, wildlife officers of the Fish and
6 Wildlife Conservation Florida Game and Fresh Water Fish
7 Commission, conservation officers, together with the Secretary
8 of Environmental Protection, and county sheriffs and their
9 deputies shall see that the lands owned by the state, as
10 described in ss. 253.01 and 253.03, shall not be the object of
11 damage, trespass, depredation, or unlawful use by any person.
12 The said officers and their deputies shall, upon information
13 that unlawful use is being made of state lands, report the
14 same, together with the information in their possession
15 relating thereto, to the Board of Trustees of the Internal
16 Improvement Trust Fund and shall cooperate with the said board
17 in carrying out the purposes of ss. 253.01-253.04 and this
18 section. State attorneys and other prosecuting officers of the
19 state or any county, upon request of the Governor or Board of
20 Trustees of the Internal Improvement Trust Fund, shall
21 institute and maintain such legal proceedings as may be
22 necessary to carry out the purpose of said sections.
23 Section 26. Subsection (1) of section 253.45, Florida
24 Statutes, is amended to read:
25 253.45 Sale or lease of phosphate, clay, minerals,
26 etc., in or under state lands.--
27 (1) The Board of Trustees of the Internal Improvement
28 Trust Fund may sell or lease any phosphate, earth or clay,
29 sand, gravel, shell, mineral, metal, timber or water, or any
30 other substance similar to the foregoing, in, on, or under,
31 any land the title to which is vested in the state, the
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1 Department of Management Services, the Department of
2 Environmental Protection, the Fish and Wildlife Conservation
3 Game and Fresh Water Fish Commission, the State Board of
4 Education, or any other state board, department, or agency;
5 provided that the board of trustees may not grant such a sale
6 or lease on the land of any other state board, department, or
7 agency without first obtaining approval therefrom. No sale or
8 lease provided for in this section shall be allowed on
9 hard-surfaced beaches that are used for bathing or driving and
10 areas contiguous thereto out to a mean low-water depth of 3
11 feet and landward to the nearest paved public road. Any sale
12 or lease provided for in this section shall be conducted by
13 competitive bidding as provided for in ss. 253.52, 253.53, and
14 253.54. The proceeds of such sales or leases are to be
15 credited to the board of trustees, board, department, or
16 agency which has title or control of the land involved.
17 Section 27. Section 253.75, Florida Statutes, is
18 amended to read:
19 253.75 Studies and recommendations by the department
20 and the Fish and Wildlife Conservation Game and Fresh Water
21 Fish Commission; designation of recommended traditional and
22 other use zones; supervision of aquaculture operations.--
23 (1) Prior to the granting of any lease under this act,
24 the board shall request a recommendation by the department,
25 when the application relates to tidal bottoms, and by the Fish
26 and Wildlife Conservation Game and Fresh Water Fish
27 Commission, when the application relates to bottom land
28 covered by fresh water. Such recommendations shall be based on
29 such factors as an assessment of the probable effect of the
30 proposed leasing arrangement on the lawful rights of riparian
31 owners, navigation, commercial and sport fishing, and the
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1 conservation of fish or other wildlife or other natural
2 resources, including beaches and shores.
3 (2) The department and the Fish and Wildlife
4 Conservation Game and Fresh Water Fish Commission shall both
5 have the following responsibilities with respect to submerged
6 land and water column falling within their respective
7 jurisdictions:
8 (a) To undertake, or cause to be undertaken, the
9 studies and surveys necessary to support their respective
10 recommendations to the board;
11 (b) To institute procedures for supervising the
12 aquaculture activities of lessees holding under this act and
13 reporting thereon from time to time to the board; and
14 (c) To designate in advance areas of submerged land
15 and water column owned by the state for which they recommend
16 reservation for uses that may possibly be inconsistent with
17 the conduct of aquaculture activities. Such uses shall
18 include, but not be limited to, recreational, commercial and
19 sport fishing and other traditional uses, exploration for
20 petroleum and other minerals, and scientific instrumentation.
21 The existence of such designated areas shall be considered by
22 the board in granting leases under this act.
23 Section 28. Subsection (3) of section 253.7829,
24 Florida Statutes, is amended to read:
25 253.7829 Management plan for retention or disposition
26 of former Cross Florida Barge Canal lands; authority to manage
27 lands until disposition.--
28 (3)(a) Before taking any action to control the rhesus
29 monkey population located in Marion County, the Fish and
30 Wildlife Conservation Florida Game and Fresh Water Fish
31 Commission shall conduct a study of the options available to
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1 them to deal with control of the rhesus monkeys located within
2 a 10-mile radius of the convergence of the Oklawaha and Silver
3 Rivers. The options studied shall include but not be limited
4 to:
5 1. Developing a management plan to allow the monkeys
6 to remain in their present locations.
7 2. Relocating all or some of the monkeys to
8 appropriate private state or federal lands in the United
9 States.
10 3. Sterilizing all or some of the monkeys, regardless
11 of whether they remain in their present location or are
12 relocated.
13 4. Euthanizing all or some of the monkeys.
14 (b) During the time the study is being conducted, the
15 Fish and Wildlife Conservation Florida Game and Fresh Water
16 Fish Commission may control monkeys that constitute a threat
17 to visitors to such area. Such control includes, but is not
18 limited to, the right to deny public access to any area where
19 the monkeys are known to congregate. The Fish and Wildlife
20 Conservation Florida Game and Fresh Water Fish Commission
21 shall post adequate warning signs in areas to which the public
22 is denied access.
23 (c) The Fish and Wildlife Conservation Florida Game
24 and Fresh Water Fish Commission may consult with any other
25 local or state agency while conducting the study and may
26 subcontract with any such agency to complete the study.
27 (d) The study of the options shall be delivered to the
28 Board of Trustees of the Internal Improvement Trust Fund.
29 (e) Nothing in this subsection affects the signed
30 agreement between the department and the Silver Springs
31 Attraction regarding the relocation of rhesus monkeys from
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1 Silver River State Park to the attraction, and such agreement
2 continues to be valid.
3 Section 29. Subsection (4) of section 253.787, Florida
4 Statutes, is amended to read:
5 253.787 Florida Greenways Coordinating Council;
6 composition; duties.--
7 (4) The council is to be composed of 26 members,
8 consisting of:
9 (a) Four members appointed by the Governor, four
10 members appointed by the President of the Senate, and four
11 members appointed by the Speaker of the House of
12 Representatives. Each appointing authority must consider
13 ethnic and gender balance and appoint one member who is
14 representative of:
15 1. Business interests;
16 2. The interests of landowners;
17 3. Conservation interests; and
18 4. Recreation interests.
19
20 The Governor shall designate one of his or her appointees as
21 chair of the council.
22 (b) Six members appointed by the Governor with the
23 concurrence of the President of the Senate and the Speaker of
24 the House of Representatives, one of whom represents the
25 government of an urban county, one of whom represents the
26 government of a rural county, two of whom represent a
27 municipal government, one of whom represents the state's water
28 management districts, and one of whom represents a federal
29 land management entity active in the state.
30 (c) Eight ex officio members consisting of the head or
31 designee of the following state agencies: the Department of
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1 Environmental Protection, the Department of Transportation,
2 the Department of Community Affairs, the Division of Forestry
3 of the Department of Agriculture and Consumer Services, the
4 Fish and Wildlife Conservation Game and Fresh Water Fish
5 Commission, the Department of Commerce, the Department of
6 Education, and the Division of Historical Resources of the
7 Department of State.
8 Section 30. Subsection (3) of section 255.502, Florida
9 Statutes, 1998 Supplement, is amended to read:
10 255.502 Definitions; ss. 255.501-255.525.--As used in
11 this act, the following words and terms shall have the
12 following meanings unless the context otherwise requires:
13 (3) "Agency" means any department created by chapter
14 20, the Executive Office of the Governor, the Fish and
15 Wildlife Conservation Game and Fresh Water Fish Commission,
16 the Parole Commission, the State Board of Administration, the
17 Department of Military Affairs, or the Legislative Branch or
18 the Judicial Branch of state government.
19 Section 31. Subsection (2) of section 258.157, Florida
20 Statutes, is amended to read:
21 258.157 Prohibited acts in Savannas State Reserve.--
22 (2) It is unlawful for any person, except a law
23 enforcement or conservation officer, to have in his or her
24 possession any firearm while within the Savannas except when
25 in compliance with regulations established by the Fish and
26 Wildlife Conservation Florida Game and Fresh Water Fish
27 Commission applying to lands within the described boundaries.
28 Section 32. Subsection (4) of section 258.397, Florida
29 Statutes, is amended to read:
30 258.397 Biscayne Bay Aquatic Preserve.--
31 (4) RULES.--
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1 (a) The board of trustees shall adopt and enforce
2 reasonable rules and regulations to carry out the provisions
3 of this section and specifically to provide:
4 1. Additional preserve management criteria as may be
5 necessary to accommodate special circumstances.
6 2. Regulation of human activity within the preserve in
7 such a manner as not to interfere unreasonably with lawful and
8 traditional public uses of the preserve, such as fishing (both
9 sport and commercial), boating, and swimming.
10 (b) Other uses of the preserve, or human activity
11 within the preserve, although not originally contemplated, may
12 be permitted by the board of trustees, but only subsequent to
13 a formal finding of compatibility with the purposes of this
14 section.
15 (c) Fishing involving the use of seines or nets is
16 prohibited in the preserve, except when the fishing is for
17 shrimp or mullet and such fishing is otherwise permitted by
18 state law or rules promulgated by the Fish and Wildlife
19 Conservation Marine Fisheries Commission. As used in this
20 paragraph, the terms "seines" or "nets" shall not include
21 landing nets, cast nets, or bully nets.
22 Section 33. Paragraph (a) of subsection (7) of section
23 258.501, Florida Statutes, is amended to read:
24 258.501 Myakka River; wild and scenic segment.--
25 (7) MANAGEMENT COORDINATING COUNCIL.--
26 (a) Upon designation, the department shall create a
27 permanent council to provide interagency and intergovernmental
28 coordination in the management of the river. The coordinating
29 council shall be composed of one representative appointed from
30 each of the following: the department, the Department of
31 Transportation, the Fish and Wildlife Conservation Game and
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1 Fresh Water Fish Commission, the Department of Community
2 Affairs, the Division of Forestry of the Department of
3 Agriculture and Consumer Services, the Division of Historical
4 Resources of the Department of State, the Tampa Bay Regional
5 Planning Council, the Southwest Florida Water Management
6 District, the Southwest Florida Regional Planning Council,
7 Manatee County, Sarasota County, Charlotte County, the City of
8 Sarasota, the City of North Port, agricultural interests,
9 environmental organizations, and any others deemed advisable
10 by the department.
11 Section 34. Subsection (1) of section 259.035, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 259.035 Advisory council; powers and duties.--
14 (1) There is created a Land Acquisition and Management
15 Advisory Council to be composed of the secretary and a
16 designee of the department, the director of the Division of
17 Forestry of the Department of Agriculture and Consumer
18 Services, the executive director of the Fish and Wildlife
19 Conservation Game and Fresh Water Fish Commission, the
20 director of the Division of Historical Resources of the
21 Department of State, and the secretary of the Department of
22 Community Affairs, or their respective designees. The
23 chairmanship of the council shall rotate annually in the
24 foregoing order. The council shall hold periodic meetings at
25 the request of the chair. The department shall provide primary
26 staff support to the council and shall ensure that council
27 meetings are electronically recorded. Such recordings shall be
28 preserved pursuant to chapters 119 and 257. The department has
29 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
30 to implement the provisions of this section.
31
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1 Section 35. Subsection (1) of section 259.036, Florida
2 Statutes, is amended to read:
3 259.036 Management review teams.--
4 (1) To determine whether conservation, preservation,
5 and recreation lands titled in the name of the Board of
6 Trustees of the Internal Improvement Trust Fund are being
7 managed for the purposes for which they were acquired and in
8 accordance with a land management plan adopted pursuant to s.
9 259.032, the board of trustees, acting through the Department
10 of Environmental Protection, shall cause periodic management
11 reviews to be conducted as follows:
12 (a) The department shall establish a regional land
13 management review team composed of the following members:
14 1. One individual who is from the county or local
15 community in which the parcel or project is located and who is
16 selected by the county commission in the county which is most
17 impacted by the acquisition.
18 2. One individual from the Division of Recreation and
19 Parks of the department.
20 3. One individual from the Division of Forestry of the
21 Department of Agriculture and Consumer Services.
22 4. One individual from the Fish and Wildlife
23 Conservation Game and Fresh Water Fish Commission.
24 5. One individual from the department's district
25 office in which the parcel is located.
26 6. A private land manager mutually agreeable to the
27 state agency representatives.
28 7. A member of the local soil and water conservation
29 district board of supervisors.
30 8. A member of a conservation organization.
31
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1 (b) The staff of the Division of State Lands shall act
2 as the review team coordinator for the purposes of
3 establishing schedules for the reviews and other staff
4 functions. The Legislature shall appropriate funds necessary
5 to implement land management review team functions.
6 Section 36. Paragraph (a) of subsection (2) of section
7 282.1095, Florida Statutes, is amended to read:
8 282.1095 State agency law enforcement radio system.--
9 (2)(a) The Joint Task Force on State Agency Law
10 Enforcement Communications shall consist of eight members, as
11 follows:
12 1. A representative of the Division of Alcoholic
13 Beverages and Tobacco of the Department of Business and
14 Professional Regulation who shall be appointed by the
15 secretary of the department.
16 2. A representative of the Division of Florida Highway
17 Patrol of the Department of Highway Safety and Motor Vehicles
18 who shall be appointed by the executive director of the
19 department.
20 3. A representative of the Department of Law
21 Enforcement who shall be appointed by the executive director
22 of the department.
23 4. A representative of the Fish and Wildlife
24 Conservation Game and Fresh Water Fish Commission who shall be
25 appointed by the executive director of the commission.
26 5. A representative of the Division of Law Enforcement
27 of the Department of Environmental Protection who shall be
28 appointed by the secretary of the department.
29 6. A representative of the Department of Corrections
30 who shall be appointed by the secretary of the department.
31
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1 7. A representative of the Division of State Fire
2 Marshal of the Department of Insurance who shall be appointed
3 by the State Fire Marshal.
4 8. A representative of the Department of
5 Transportation who shall be appointed by the secretary of the
6 department.
7 Section 37. Subsections (3) and (7) of section
8 282.404, Florida Statutes, are amended to read:
9 282.404 Geographic information board; definition;
10 membership; creation; duties; advisory council; membership;
11 duties.--
12 (3) The board consists of the Director of Planning and
13 Budgeting within the Executive Office of the Governor, the
14 executive director of the Fish and Wildlife Conservation Game
15 and Fresh Water Fish Commission, the executive director of the
16 Department of Revenue, and the State Cadastral Surveyor, as
17 defined in s. 177.503, or their designees, and the heads of
18 the following agencies, or their designees: the Department of
19 Agriculture and Consumer Services, the Department of Community
20 Affairs, the Department of Environmental Protection, the
21 Department of Transportation, and the Board of Professional
22 Surveyors and Mappers. The Governor shall appoint to the board
23 one member each to represent the counties, municipalities,
24 regional planning councils, water management districts, and
25 county property appraisers. The Governor shall initially
26 appoint two members to serve 2-year terms and three members to
27 serve 4-year terms. Thereafter, the terms of all appointed
28 members must be 4 years and the terms must be staggered.
29 Members may be appointed to successive terms and incumbent
30 members may continue to serve the board until a new
31 appointment is made.
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1 (7) The Geographic Information Advisory Council
2 consists of one member each from the Office of Planning and
3 Budgeting within the Executive Office of the Governor, the
4 Fish and Wildlife Conservation Game and Fresh Water Fish
5 Commission, the Department of Revenue, the Department of
6 Agriculture and Consumer Services, the Department of Community
7 Affairs, the Department of Environmental Protection, the
8 Department of Transportation, the State Cadastral Surveyor,
9 the Board of Professional Surveyors and Mappers, counties,
10 municipalities, regional planning councils, water management
11 districts, and property appraisers, as appointed by the
12 corresponding member of the board, and the State Geologist.
13 The Governor shall appoint to the council one member each, as
14 recommended by the respective organization, to represent the
15 Department of Children and Family Services, the Department of
16 Health, the Florida Survey and Mapping Society, Florida Region
17 of the American Society of Photogrammetry and Remote Sensing,
18 Florida Association of Cadastral Mappers, the Florida
19 Association of Professional Geologists, Florida Engineering
20 Society, Florida Chapter of the Urban and Regional Information
21 Systems Association, the forestry industry, the State
22 University System survey and mapping academic research
23 programs, and State University System geographic information
24 systems academic research programs; and two members
25 representing utilities, one from a regional utility, and one
26 from a local or municipal utility. These persons must have
27 technical expertise in geographic information issues. The
28 Governor shall initially appoint six members to serve 2-year
29 terms and six members to serve 4-year terms. Thereafter, the
30 terms of all appointed members must be 4 years and must be
31 staggered. Members may be appointed to successive terms, and
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1 incumbent members may continue to serve the council until a
2 successor is appointed. Representatives of the Federal
3 Government may serve as ex officio members without voting
4 rights.
5 Section 38. Subsection (2) of section 285.09, Florida
6 Statutes, is amended to read:
7 285.09 Rights of Miccosukee and Seminole Tribes with
8 respect to hunting, fishing, and frogging.--
9 (2) In addition, members of the Miccosukee Tribe may
10 take wild game and fish for subsistence purposes and take
11 frogs for personal consumption as food or for commercial
12 purposes at any time within their reservation and the area
13 leased to the Miccosukee Tribe pursuant to the actions of the
14 Board of Trustees of the Internal Improvement Trust Fund on
15 April 8, 1981. The Fish and Wildlife Conservation Game and
16 Fresh Water Fish Commission may restrict, for wildlife
17 management purposes, the exercise of these rights in the area
18 leased. Prior to placing restrictions upon hunting, fishing,
19 and frogging for subsistence purposes, the Fish and Wildlife
20 Conservation Game and Fresh Water Fish Commission shall
21 totally restrict nonsubsistence uses for the particular
22 species.
23 Section 39. Section 285.10, Florida Statutes, is
24 amended to read:
25 285.10 No license or permit fees required;
26 identification card required.--Indians may exercise the
27 hunting, fishing, and frogging rights granted to them in those
28 areas specified by s. 285.09 without payment of licensing or
29 permitting fees. Each Indian exercising such rights shall be
30 required to have an identification card issued without cost by
31 the Fish and Wildlife Conservation Game and Fresh Water Fish
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1 Commission through the chairs of the Miccosukee Tribe and
2 Seminole Tribe. Each Indian is required to have the
3 identification card on his or her person at all times when
4 exercising such rights and shall exhibit it to officers of the
5 Fish and Wildlife Conservation Game and Fresh Water Fish
6 Commission upon the request of such officers.
7 Section 40. Subsection (1) of section 288.021, Florida
8 Statutes, is amended to read:
9 288.021 Economic development liaison.--
10 (1) The heads of the Department of Transportation, the
11 Department of Environmental Protection and an additional
12 member appointed by the secretary of the department, the
13 Department of Labor and Employment Security, the Department of
14 Education, the Department of Community Affairs, the Department
15 of Management Services, and the Fish and Wildlife Conservation
16 Game and Fresh Water Fish Commission shall designate a
17 high-level staff member from within such agency to serve as
18 the economic development liaison for the agency. This person
19 shall report to the agency head and have general knowledge
20 both of the state's permitting and other regulatory functions
21 and of the state's economic goals, policies, and programs.
22 This person shall also be the primary point of contact for the
23 agency with the Office of Tourism, Trade, and Economic
24 Development on issues and projects important to the economic
25 development of Florida, including its rural areas, to expedite
26 project review, to ensure a prompt, effective response to
27 problems arising with regard to permitting and regulatory
28 functions, and to work closely with the other economic
29 development liaisons to resolve interagency conflicts.
30
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1 Section 41. Subsections (8) and (9) of section
2 288.975, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 288.975 Military base reuse plans.--
5 (8) At the request of a host local government, the
6 Office of Tourism, Trade, and Economic Development shall
7 coordinate a presubmission workshop concerning a military base
8 reuse plan within the boundaries of the host jurisdiction.
9 Agencies that shall participate in the workshop shall include
10 any affected local governments; the Department of
11 Environmental Protection; the Office of Tourism, Trade, and
12 Economic Development; the Department of Community Affairs; the
13 Department of Transportation; the Department of Health; the
14 Department of Children and Family Services; the Department of
15 Agriculture and Consumer Services; the Department of State;
16 the Fish and Wildlife Conservation Game and Fresh Water Fish
17 Commission; and any applicable water management districts and
18 regional planning councils. The purposes of the workshop shall
19 be to assist the host local government to understand issues of
20 concern to the above listed entities pertaining to the
21 military base site and to identify opportunities for better
22 coordination of planning and review efforts with the
23 information and analyses generated by the federal
24 environmental impact statement process and the federal
25 community base reuse planning process.
26 (9) If a host local government elects to use the
27 optional provisions of this act, it shall, no later than 12
28 months after notifying the agencies of its intent pursuant to
29 subsection (3) either:
30 (a) Send a copy of the proposed military base reuse
31 plan for review to any affected local governments; the
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1 Department of Environmental Protection; the Office of Tourism,
2 Trade, and Economic Development; the Department of Community
3 Affairs; the Department of Transportation; the Department of
4 Health; the Department of Children and Family Services; the
5 Department of Agriculture and Consumer Services; the
6 Department of State; the Fish and Wildlife Conservation
7 Florida Game and Fresh Water Fish Commission; and any
8 applicable water management districts and regional planning
9 councils, or
10 (b) Petition the secretary of the Department of
11 Community Affairs for an extension of the deadline for
12 submitting a proposed reuse plan. Such an extension request
13 must be justified by changes or delays in the closure process
14 by the federal Department of Defense or for reasons otherwise
15 deemed to promote the orderly and beneficial planning of the
16 subject military base reuse. The secretary of the Department
17 of Community Affairs may grant extensions to the required
18 submission date of the reuse plan.
19 Section 42. Subsection (1) of section 316.640, Florida
20 Statutes, is amended to read:
21 316.640 Enforcement.--The enforcement of the traffic
22 laws of this state is vested as follows:
23 (1) STATE.--
24 (a)1.
25 a. The Division of Florida Highway Patrol of the
26 Department of Highway Safety and Motor Vehicles, the Division
27 of Law Enforcement of the Fish and Wildlife Conservation
28 Commission Game and Fresh Water Fish Commission, the Division
29 of Law Enforcement of the Department of Environmental
30 Protection, and law enforcement officers of the Department of
31 Transportation each have authority to enforce all of the
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1 traffic laws of this state on all the streets and highways
2 thereof and elsewhere throughout the state wherever the public
3 has a right to travel by motor vehicle.
4 b. University police officers shall have authority to
5 enforce all of the traffic laws of this state when such
6 violations occur on or about any property or facilities that
7 are under the guidance, supervision, regulation, or control of
8 the State University System, except that traffic laws may be
9 enforced off-campus when hot pursuit originates on-campus.
10 c. Community college police officers shall have the
11 authority to enforce all the traffic laws of this state only
12 when such violations occur on any property or facilities that
13 are under the guidance, supervision, regulation, or control of
14 the community college system.
15 d. Police officers employed by an airport authority
16 shall have the authority to enforce all of the traffic laws of
17 this state only when such violations occur on any property or
18 facilities that are owned or operated by an airport authority.
19 e. The Office of Agricultural Law Enforcement of the
20 Department of Agriculture and Consumer Services shall have the
21 authority to enforce traffic laws of this state only as
22 authorized by the provisions of chapter 570. However, nothing
23 in this section shall expand the authority of the Office of
24 Agricultural Law Enforcement at its agricultural inspection
25 stations to issue any traffic tickets except those traffic
26 tickets for vehicles illegally passing the inspection station.
27 f. School safety officers shall have the authority to
28 enforce all of the traffic laws of this state when such
29 violations occur on or about any property or facilities which
30 are under the guidance, supervision, regulation, or control of
31 the district school board.
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1 2. An agency of the state as described in subparagraph
2 1. is prohibited from establishing a traffic citation quota. A
3 violation of this subparagraph is not subject to the penalties
4 provided in chapter 318.
5 3. Any disciplinary action taken or performance
6 evaluation conducted by an agency of the state as described in
7 subparagraph 1. of a law enforcement officer's traffic
8 enforcement activity must be in accordance with written
9 work-performance standards. Such standards must be approved by
10 the agency and any collective bargaining unit representing
11 such law enforcement officer. A violation of this subparagraph
12 is not subject to the penalties provided in chapter 318.
13 (b)1. The Department of Transportation has authority
14 to enforce on all the streets and highways of this state all
15 laws applicable within its authority.
16 2.a. The Department of Transportation shall develop
17 training and qualifications standards for toll enforcement
18 officers whose sole authority is to enforce the payment of
19 tolls pursuant to s. 316.1001. Nothing in this subparagraph
20 shall be construed to permit the carrying of firearms or other
21 weapons, nor shall a toll enforcement officer have arrest
22 authority.
23 b. For the purpose of enforcing s. 316.1001,
24 governmental entities, as defined in s. 334.03, which own or
25 operate a toll facility may employ independent contractors or
26 designate employees as toll enforcement officers; however, any
27 such toll enforcement officer must successfully meet the
28 training and qualifications standards for toll enforcement
29 officers established by the Department of Transportation.
30
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1 Section 43. Subsections (1), (5), (18), (19), and (25)
2 of section 320.08058, Florida Statutes, 1998 Supplement, are
3 amended to read:
4 320.08058 Specialty license plates.--
5 (1) MANATEE LICENSE PLATES.--
6 (a) The department shall develop a manatee license
7 plate to commemorate the official state marine mammal. The
8 word "Florida" must appear at the top of the plate, and the
9 words "Save the Manatee" must appear at the bottom of the
10 plate.
11 (b)1. The manatee license plate annual use fee must be
12 deposited into the Save the Manatee Trust Fund, created within
13 the Fish and Wildlife Conservation Commission Department of
14 Environmental Protection. The funds deposited in the Save the
15 Manatee Trust Fund may be used only for environmental
16 education; manatee research; facilities, as provided in s.
17 370.12(5)(b); and manatee protection and recovery.
18 2. For fiscal year 1996-1997, 25 percent of the
19 manatee license plate annual use fee must be deposited into
20 the Save the Manatee Trust Fund within the Department of
21 Environmental Protection and shall be used for manatee
22 facilities as provided in s. 370.12(5)(b).
23 (5) FLORIDA PANTHER LICENSE PLATES.--
24 (a) The department shall develop a Florida panther
25 license plate as provided in this section. Florida panther
26 license plates must bear the design of a Florida panther and
27 the colors that department approves. In small letters, the
28 word "Florida" must appear at the bottom of the plate.
29 (b) The department shall distribute the Florida
30 panther license plate annual use fee in the following manner:
31
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1 1. Eighty-five percent must be deposited in the
2 Florida Panther Research and Management Trust Fund in the Fish
3 and Wildlife Conservation Game and Fresh Water Fish Commission
4 to be used for education and programs to protect the
5 endangered Florida panther.
6 2. Fifteen percent, but no less than $300,000, must be
7 deposited in the Florida Communities Trust Fund to be used
8 pursuant to the Florida Communities Trust Act.
9 (c) A person or corporation that purchases 10,000 or
10 more panther license plates shall pay an annual use fee of $5
11 per plate and an annual processing fee of $2 per plate, in
12 addition to the applicable license tax required under s.
13 320.08.
14 (18) LARGEMOUTH BASS LICENSE PLATES.--
15 (a) The department shall develop a Largemouth Bass
16 license plate as provided in this section to commemorate the
17 official freshwater fish of this state. The word "Florida"
18 must appear at the top of the plate, the words "Go Fishing"
19 must appear at the bottom of the plate, and a representation
20 of a largemouth bass must appear to the left of the numerals.
21 (b) The annual use fees shall be distributed to the
22 State Game Trust Fund and used by the Fish and Wildlife
23 Conservation Game and Fresh Water Fish Commission to fund
24 current conservation programs that maintain current levels of
25 protection and management of this state's fish and wildlife
26 resources, including providing hunting, fishing, and
27 nonconsumptive wildlife opportunities.
28 (19) SEA TURTLE LICENSE PLATES.--
29 (a) The department shall develop a Sea Turtle license
30 plate as provided in this section. The word "Florida" must
31 appear at the top of the plate, the words "Helping Sea Turtles
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1 Survive" must appear at the bottom of the plate, and the image
2 of a sea turtle must appear in the center of the plate.
3 (b) The annual use fees shall be deposited in the
4 Marine Resources Conservation Trust Fund in the Fish and
5 Wildlife Conservation Commission Florida Department of
6 Environmental Protection. The first $500,000 in annual revenue
7 shall be used by the Florida Marine Turtle Protection Program
8 to conduct sea turtle protection, research, and recovery
9 programs. The remaining annual use proceeds shall be used by
10 the Fish and Wildlife Conservation Commission Department of
11 Environmental Protection for sea turtle conservation
12 activities, except that up to 30 percent of the remaining
13 annual use fee proceeds shall be annually dispersed through
14 the marine turtle grants program as provided in s.
15 370.12(1)(h).
16 (25) CONSERVE WILDLIFE LICENSE PLATES.--
17 (a) The department shall develop a Conserve Wildlife
18 license plate. Conserve Wildlife license plates shall bear the
19 colors and design approved by the department. The word
20 "Florida" shall appear at the top of the plate, and the words
21 "Conserve Wildlife" shall appear at the bottom of the plate.
22 The plate design shall include the likeness of a Florida black
23 bear.
24 (b) The proceeds of the Conserve Wildlife license
25 plate annual use fee shall be forwarded to the Wildlife
26 Foundation of Florida, Inc., a citizen support organization
27 created pursuant to s. 372.0215.
28 1. Notwithstanding s. 320.08062, up to 10 percent of
29 the proceeds from the annual use fee may be used for marketing
30 the Conserve Wildlife license plate and administrative costs
31
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1 directly related to the management and distribution of the
2 proceeds.
3 2. The remaining proceeds from the annual use fee
4 shall be used for programs and activities of the Fish and
5 Wildlife Conservation Florida Game and Fresh Water Fish
6 Commission that contribute to the health and well-being of
7 Florida black bears and other wildlife diversity.
8 Section 44. Present subsection (5) of section 327.02,
9 Florida Statutes, 1998 Supplement, is redesignated as
10 subsection (6), present subsection (6) is repealed, subsection
11 (7) is amended, and new subsection (5) is added to that
12 section to read:
13 327.02 Definitions of terms used in this chapter and
14 in chapter 328.--As used in this chapter and in chapter 328,
15 unless the context clearly requires a different meaning, the
16 term:
17 (5) "Commission" means the Fish and Wildlife
18 Conservation Commission.
19 (7) "Division" means the Division of Law Enforcement
20 of the Fish and Wildlife Conservation Commission Department of
21 Environmental Protection.
22 Section 45. Subsection (17) of section 327.25, Florida
23 Statutes, is amended to read:
24 327.25 Classification; registration; fees and charges;
25 surcharge; disposition of fees; fines; marine turtle
26 stickers.--
27 (17) MARINE TURTLE STICKER.--The Department of Highway
28 Safety and Motor Vehicles Department of Environmental
29 Protection shall offer for sale with vessel registrations a
30 waterproof sticker in the shape of a marine turtle at an
31 additional cost of $5, the proceeds of which shall be
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1 deposited in the Marine Resources Conservation Trust Fund to
2 be used for marine turtle protection, research, and recovery
3 efforts pursuant to the provisions of s. 370.12(1).
4 Section 46. Section 327.26, Florida Statutes, is
5 amended to read:
6 327.26 Stickers or emblems for the Save the Manatee
7 Trust Fund.--The commission department shall prepare stickers
8 or emblems signifying support for the Save the Manatee Trust
9 Fund which shall be given to persons who contribute to the
10 Save the Manatee Trust Fund as provided in s. 327.25. The
11 commission department may accept stickers or emblems donated
12 by any governmental or nongovernmental entity for the purposes
13 of this section.
14 Section 47. Subsection (2) of section 327.28, Florida
15 Statutes, is amended to read:
16 327.28 Marine Resources Conservation Trust Fund;
17 vessel registration funds; appropriation and distribution.--
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 (a)(b) No more than 15 percent shall go to law
29 enforcement;
30 (b)(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 (c)(d) The remainder, but at least 45 percent, shall
5 go to the Division of Marine Resources of the Fish and
6 Wildlife Conservation Commission, for use in marine research
7 and statistics development, including quota management.
8 Section 48. Subsection (2) of section 327.30, Florida
9 Statutes, is amended to read:
10 327.30 Collisions, accidents, and casualties.--
11 (2) In the case of collision, accident, or other
12 casualty involving a vessel in or upon or entering into or
13 exiting from the water, including capsizing, collision with
14 another vessel or object, sinking, personal injury requiring
15 medical treatment beyond immediate first aid, death,
16 disappearance of any person from on board under circumstances
17 which indicate the possibility of death or injury, or damage
18 to any vessel or other property in an apparent aggregate
19 amount of at least $500, the operator shall without delay, by
20 the quickest means available give notice of the accident to
21 one of the following agencies: the Division of Law
22 Enforcement; the Fish and Wildlife Conservation Game and Fresh
23 Water Fish Commission; the sheriff of the county within which
24 the accident occurred; or the police chief of the municipality
25 within which the accident occurred, if applicable.
26 Section 49. Subsection (5) of section 327.35215,
27 Florida Statutes, 1998 Supplement, is amended to read:
28 327.35215 Penalty for failure to submit to test.--
29 (5) Moneys collected by the clerk of the court
30 pursuant to this section shall be disposed of in the following
31 manner:
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1 (a) If the arresting officer was employed or appointed
2 by a state law enforcement agency except the Fish and Wildlife
3 Conservation Game and Fresh Water Fish Commission, the moneys
4 shall be deposited into the Marine Resources Conservation
5 Trust Fund.
6 (b) If the arresting officer was employed or appointed
7 by a county or municipal law enforcement agency, the moneys
8 shall be deposited into the law enforcement trust fund of that
9 agency.
10 (c) If the arresting officer was employed or appointed
11 by the Fish and Wildlife Conservation Game and Fresh Water
12 Fish Commission, the money shall be deposited into the State
13 Game Trust Fund.
14 Section 50. Section 327.395, Florida Statutes, is
15 amended to read:
16 327.395 Boating safety identification cards.--
17 (1) Until October 1, 2001, a person born after
18 September 30, 1980, and on or after October 1, 2001, a person
19 21 years of age or younger may not operate a vessel powered by
20 a motor of 10 horsepower or greater unless such person has in
21 his or her possession aboard the vessel photographic
22 identification and a boater safety identification card issued
23 by the commission department which shows that he or she has:
24 (a) Completed a commission department-approved boater
25 education course that meets the minimum 8-hour instruction
26 requirement established by the National Association of State
27 Boating Law Administrators;
28 (b) Passed a course equivalency examination approved
29 by the commission department; or
30 (c) Passed a temporary certificate examination
31 developed or approved by the commission department.
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1 (2) Any person may obtain a boater safety
2 identification card by complying with the requirements of this
3 section.
4 (3) The commission department may appoint liveries,
5 marinas, or other persons as its agents to administer the
6 course, course equivalency examination, or temporary
7 certificate examination and issue identification cards under
8 guidelines established by the commission department. An agent
9 must charge the $2 examination fee, which must be forwarded to
10 the commission department with proof of passage of the
11 examination and may charge and keep a $1 service fee.
12 (4) An identification card issued to a person who has
13 completed a boating education course or a course equivalency
14 examination is valid for life. A card issued to a person who
15 has passed a temporary certification examination is valid for
16 12 months from the date of issuance.
17 (5) A person is exempt from subsection (1) if he or
18 she:
19 (a) Is licensed by the United States Coast Guard to
20 serve as master of a vessel.
21 (b) Operates a vessel only on a private lake or pond.
22 (c) Is accompanied in the vessel by a person who is
23 exempt from this section or who holds an identification card
24 in compliance with this section, is 18 years of age or older,
25 and is attendant to the operation of the vessel and
26 responsible for any violation that occurs during the
27 operation.
28 (d) Is a nonresident who has in his or her possession
29 proof that he or she has completed a boater education course
30 or equivalency examination in another state which meets or
31 exceeds the requirements of subsection (1).
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1 (e) Is exempted by rule of the commission department.
2 (6) A person who violates this section is guilty of a
3 noncriminal infraction, punishable as provided in s. 327.73.
4 (7) The commission department shall design forms and
5 adopt rules to administer this section. Such rules shall
6 include provision for educational and other public and private
7 entities to offer the course and administer examinations.
8 (8) The commission department shall institute and
9 coordinate a statewide program of boating safety instruction
10 and certification to ensure that boating courses and
11 examinations are available in each county of the state.
12 (9) The commission department is authorized to
13 establish and to collect a $2 examination fee to cover
14 administrative costs.
15 Section 51. Section 327.41, Florida Statutes, is
16 amended to read:
17 327.41 Uniform waterway regulatory markers.--
18 (1) The Fish and Wildlife Conservation Commission
19 Department of Environmental Protection shall adopt rules and
20 regulations establishing a uniform system of regulatory
21 markers for the Florida Intracoastal Waterway, compatible with
22 the system of regulatory markers prescribed by the United
23 States Coast Guard, and shall give due regard to the System of
24 Uniform Waterway Markers approved by the Advisory Panel of
25 State Officials to the Merchant Marine Council, United States
26 Coast Guard.
27 (2) Any county or municipality which has been granted
28 a restricted area designation, pursuant to s. 327.46, for a
29 portion of the Florida Intracoastal Waterway within its
30 jurisdiction may apply to the Fish and Wildlife Conservation
31 Commission Department of Environmental Protection for
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1 permission to place regulatory markers within the restricted
2 area.
3 (3) Application for placing regulatory markers on the
4 Florida Intracoastal Waterway shall be made to the Division of
5 Marine Resources, accompanied by a map locating the
6 approximate placement of the markers, a statement of the
7 specification of the markers, a statement of purpose of the
8 markers, and a statement of the city or county responsible for
9 the placement and upkeep of the markers.
10 (4) No person or municipality, county, or other
11 governmental entity shall place any regulatory markers in, on,
12 or over the Florida Intracoastal Waterway without a permit
13 from the Division of Marine Resources.
14 (5) Aquaculture leaseholds shall be marked as required
15 by this section, and the commission department may approve
16 alternative marking requirements as a condition of the lease
17 pursuant to s. 253.68. The provisions of this section
18 notwithstanding, no permit shall be required for the placement
19 of markers required by such a lease.
20 Section 52. Section 327.43, Florida Statutes, is
21 amended to read:
22 327.43 Silver Glen Run and Silver Glen Springs;
23 navigation channel; anchorage buoys; violations.--
24 (1) The Fish and Wildlife Conservation Commission
25 Department of Environmental Protection is hereby directed to
26 mark a navigation channel within Silver Glen Run and Silver
27 Glen Springs, located on the western shore of Lake George on
28 the St. Johns River.
29 (2) The commission department is further directed to
30 establish permanent anchorage buoys within Silver Glen Run and
31 Silver Glen Springs.
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1 (3) Vessel anchorage or mooring shall only be allowed
2 utilizing permanently established anchorage buoys. No vessel
3 shall anchor or otherwise attach, temporarily or permanently,
4 to the bottom within Silver Glen Run or Silver Glen Springs.
5 (4) Any violation of this act shall constitute a
6 violation of the boating laws of this state and shall be
7 punishable by issuance of a uniform boating citation as
8 provided in s. 327.74. Any person who refuses to post a bond
9 or accept and sign a uniform boating citation, as provided in
10 s. 327.73(3), commits a misdemeanor of the second degree,
11 punishable as provided in s. 775.082 or s. 775.083.
12 Section 53. Subsection (1) of section 327.46, Florida
13 Statutes, is amended to read:
14 327.46 Restricted areas.--
15 (1) The commission department shall have the authority
16 for establishing, by rule, restricted areas on the waters of
17 the state for any purpose deemed necessary for the safety of
18 the public, including, but not limited to, boat speeds and
19 boat traffic where such restrictions are deemed necessary
20 based on boating accidents, visibility, tides, congestion, or
21 other navigational hazards. Each such restricted area shall
22 be developed in consultation and coordination with the
23 governing body of the county or municipality in which the
24 restricted area is located and, where required, with the
25 United States Army Corps of Engineers. Restricted areas shall
26 be established in accordance with procedures under chapter
27 120.
28 Section 54. Section 327.48, Florida Statutes, is
29 amended to read:
30 327.48 Regattas, races, marine parades, tournaments,
31 or exhibitions.--Any person directing the holding of a
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1 regatta, tournament, or marine parade or exhibition shall
2 secure a permit from the Coast Guard when such event is held
3 in navigable waters of the United States. A person directing
4 any such affair in any county shall notify the sheriff of the
5 county, or the Fish and Wildlife Conservation Commission Game
6 and Fresh Water Fish Commission, or the department at least 15
7 days prior to any event in order that appropriate arrangements
8 for safety and navigation may be assured. Any person or
9 organization sponsoring a regatta or boat race, marine parade,
10 tournament, or exhibition shall be responsible for providing
11 adequate protection to the participants, spectators, and other
12 users of the water.
13 Section 55. Subsections (1) and (3) of section 327.70,
14 Florida Statutes, is amended to read:
15 327.70 Enforcement of this chapter and chapter 328.--
16 (1) This chapter and chapter 328 shall be enforced by
17 the Division of Law Enforcement of the Fish and Wildlife
18 Conservation department and its officers, the Game and Fresh
19 Water Fish Commission and its officers, the sheriffs of the
20 various counties and their deputies, and any other authorized
21 law enforcement officer, all of whom may order the removal of
22 vessels deemed to be an interference or a hazard to public
23 safety, enforce the provisions of this chapter and chapter
24 328, or cause any inspections to be made of all vessels in
25 accordance with this chapter and chapter 328.
26 (3) The Fish and Wildlife Conservation Commission
27 department or any other law enforcement agency may make any
28 investigation necessary to secure information required to
29 carry out and enforce the provisions of this chapter and
30 chapter 328.
31
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1 Section 56. Section 327.71, Florida Statutes, is
2 amended to read:
3 327.71 Exemption.--The commission department may, if
4 it finds that federal law imposes less restrictive
5 requirements than provided herein or if it determines that
6 boating safety will not be adversely affected, issue temporary
7 exemptions from any provision of this chapter or rules
8 established hereunder, on such terms and conditions as it
9 considers appropriate.
10 Section 57. Subsections (1) and (3) of section
11 327.731, Florida Statutes, 1998 Supplement, are amended to
12 read:
13 327.731 Mandatory education for violators.--
14 (1) Every person convicted of a criminal violation of
15 this chapter, every person convicted of a noncriminal
16 infraction under this chapter if the infraction resulted in a
17 reportable boating accident, and every person convicted of two
18 noncriminal infractions as defined in s. 327.73(1)(h) through
19 (k), (m) through (p), (s), and (t), said infractions occurring
20 within a 12-month period, must:
21 (a) Enroll in, attend, and successfully complete, at
22 his or her own expense, a boating safety course that meets
23 minimum standards established by the commission department by
24 rule; however, the commission department may provide by rule
25 for waivers of the attendance requirement for violators
26 residing in areas where classroom presentation of the course
27 is not available;
28 (b) File with the commission department within 90 days
29 proof of successful completion of the course;
30
31
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1 (c) Refrain from operating a vessel until he or she
2 has filed the proof of successful completion of the course
3 with the commission department.
4
5 Any person who has successfully completed an approved boating
6 course shall be exempt from these provisions upon showing
7 proof to the commission department as specified in paragraph
8 (b).
9 (3) The commission department shall print on the
10 reverse side of the defendant's copy of the boating citation a
11 notice of the provisions of this section. Upon conviction, the
12 clerk of the court shall notify the defendant that it is
13 unlawful for him or her to operate any vessel until he or she
14 has complied with this section, but failure of the clerk of
15 the court to provide such a notice shall not be a defense to a
16 charge of unlawful operation of a vessel under subsection (2).
17 Section 58. Subsections (1), (2), (4), (6), and (10)
18 of section 327.74, Florida Statutes, are amended to read:
19 327.74 Uniform boating citations.--
20 (1) The commission department shall prepare, and
21 supply to every law enforcement agency in this state which
22 enforces the laws of this state regulating the operation of
23 vessels, an appropriate form boating citation containing a
24 notice to appear (which shall be issued in prenumbered books
25 with citations in quintuplicate) and meeting the requirements
26 of this chapter or any laws of this state regulating boating,
27 which form shall be consistent with the state's county court
28 rules and the procedures established by the commission
29 department.
30 (2) Courts, enforcement agencies, and the commission
31 department are jointly responsible to account for all uniform
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1 boating citations in accordance with the procedures
2 promulgated by the commission department.
3 (4) The chief administrative officer of every law
4 enforcement agency shall require the return to him or her of
5 the commission department record copy of every boating
6 citation issued by an officer under his or her supervision to
7 an alleged violator of any boating law or ordinance and all
8 copies of every boating citation which has been spoiled or
9 upon which any entry has been made and not issued to an
10 alleged violator.
11 (6) The chief administrative officer shall transmit,
12 on a form approved by the commission department, the
13 commission department record copy of the uniform boating
14 citation to the commission department within 5 days after
15 submission of the original and one copy to the court. A copy
16 of such transmittal shall also be provided to the court having
17 jurisdiction for accountability purposes.
18 (10) Upon final disposition of any alleged offense for
19 which a uniform boating citation has been issued, the court
20 shall, within ten days, certify said disposition to the
21 commission department.
22 Section 59. Section 327.803, Florida Statutes, are
23 amended to read:
24 327.803 Boating Advisory Council.--
25 (1) The Boating Advisory Council is created within the
26 Fish and Wildlife Conservation Commission Department of
27 Environmental Protection and shall be composed of 15 16
28 members. The initial members shall be appointed before August
29 1, 1994, and must include:
30
31
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1 (a) One representative from the Fish and Wildlife
2 Conservation Commission Department of Environmental
3 Protection, who shall serve as the chair of the council.
4 (b) One representative each from the Game and Fresh
5 Water Fish Commission, the United States Coast Guard
6 Auxiliary, the United States Power Squadron, and the inland
7 navigation districts.
8 (c) One representative of manatee protection
9 interests, one representative of the marine industries, two
10 representatives of water-related environmental groups, one
11 representative of marine manufacturers, one representative of
12 commercial vessel owners or operators, one representative of
13 sport boat racing, and two representatives of the boating
14 public, each of whom shall be nominated by the Executive
15 Director of the Fish and Wildlife Conservation Commission
16 Secretary of Environmental Protection and appointed by the
17 Governor to serve staggered 2-year terms.
18 (d) One member of the House of Representatives, who
19 shall be appointed by the Speaker of the House of
20 Representatives.
21 (e) One member of the Senate, who shall be appointed
22 by the President of the Senate.
23 (2) The council shall meet at the call of the chair,
24 at the request of a majority of its membership, or at such
25 times as may be prescribed by rule.
26 (3) The purpose of the council is to make
27 recommendations to the Fish and Wildlife Conservation
28 Commission Department of Environmental Protection and the
29 Department of Community Affairs regarding issues affecting the
30 boating community, including, but not limited to, issues
31 related to:
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1 (a) Boating safety education.
2 (b) Boating-related facilities, including marinas and
3 boat testing facilities.
4 (c) Boat usage.
5
6 However, it is not the purpose of the council to make
7 recommendations to the Marine Fisheries Commission.
8 (4) Members of the council shall serve without
9 compensation.
10 Section 60. Section 327.804, Florida Statutes, is
11 amended to read:
12 327.804 Compilation of statistics on boating accidents
13 and violations.--The Fish and Wildlife Conservation Commission
14 Department of Environmental Protection shall compile
15 statistics on boating accidents and boating violations of the
16 age groups of persons affected by chapter 96-187, Laws of
17 Florida.
18 Section 61. Section 327.90, Florida Statutes, is
19 amended to read:
20 327.90 Transactions by electronic or telephonic
21 means.--The commission department is authorized to accept any
22 application provided for under this chapter by electronic or
23 telephonic means.
24 Section 62. Paragraph (c) of subsection (2) of section
25 328.01, Florida Statutes, is amended to read:
26 328.01 Application for certificate of title.--
27 (2)
28 (c) In making application for an initial title, the
29 owner of a homemade vessel shall establish proof of ownership
30 by submitting with the application:
31
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1 1. A notarized statement of the builder or its
2 equivalent, whichever is acceptable to the Department of
3 Highway Safety and Motor Vehicles, if the vessel is less than
4 16 feet in length; or
5 2. A certificate of inspection from the Fish and
6 Wildlife Conservation Division of Law Enforcement of the
7 department of Environmental Protection or the Game and Fresh
8 Water Fish Commission and a notarized statement of the builder
9 or its equivalent, whichever is acceptable to the Department
10 of Highway Safety and Motor Vehicles, if the vessel is 16 feet
11 or more in length.
12 Section 63. Subsection (1) of section 339.281, Florida
13 Statutes, is amended to read:
14 339.281 Damage to transportation facility by vessel;
15 marine accident report; investigative authorities;
16 penalties.--
17 (1) Whenever any vessel has caused damage to a
18 transportation facility, the managing owner, agent, or master
19 of such vessel shall immediately, or as soon thereafter as
20 possible, report the same to the nearest Fish and Wildlife
21 Conservation Commission Officer Florida Marine Patrol, the
22 sheriff of the county wherein such accident occurred, the Game
23 and Fresh Water Fish Commission, or the Florida Highway
24 Patrol, who shall immediately go to the scene of the accident
25 and, if necessary, board the vessel subsequent to the accident
26 in pursuance of its investigation. The law enforcement agency
27 investigating the accident shall submit a copy of its report
28 to the department.
29 Section 64. Paragraph (a) of subsection (2) of section
30 341.352, Florida Statutes, is amended to read:
31 341.352 Certification hearing.--
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1 (2)(a) The parties to the certification proceeding
2 are:
3 1. The franchisee.
4 2. The Department of Commerce.
5 3. The Department of Environmental Protection.
6 4. The Department of Transportation.
7 5. The Department of Community Affairs.
8 6. The Fish and Wildlife Conservation Game and Fresh
9 Water Fish Commission.
10 7. Each water management district.
11 8. Each local government.
12 9. Each regional planning council.
13 10. Each metropolitan planning organization.
14 Section 65. Subsection (3) of section 369.20, Florida
15 Statutes, 1998 Supplement, is amended to read:
16 369.20 Florida Aquatic Weed Control Act.--
17 (3) It shall be the duty of the department to guide
18 and coordinate the activities of all public bodies,
19 authorities, agencies, and special districts charged with the
20 control or eradication of aquatic weeds and plants. It may
21 delegate all or part of such functions to the Fish and
22 Wildlife Conservation Game and Fresh Water Fish Commission.
23 Section 66. Subsection (9) of section 369.22, Florida
24 Statutes, 1998 Supplement, is amended to read:
25 369.22 Nonindigenous aquatic plant control.--
26 (9) The department may delegate various nonindigenous
27 aquatic plant control and maintenance functions to the Fish
28 and Wildlife Conservation Game and Fresh Water Fish
29 Commission. The commission shall, in accepting commitments to
30 engage in nonindigenous aquatic plant control and maintenance
31 activities, be subject to the rules of the department, except
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1 that the commission shall regulate, control, and coordinate
2 the use of any fish for aquatic weed control in fresh waters
3 of the state. In addition, the commission shall render
4 technical and other assistance to the department in order to
5 carry out most effectively the purposes of s. 369.20.
6 However, nothing herein shall diminish or impair the
7 regulatory authority of the commission with respect to the
8 powers granted to it by s. 9, Art. IV of the State
9 Constitution.
10 Section 67. Paragraph (b) of subsection (3) of section
11 369.25, Florida Statutes, is amended to read:
12 369.25 Aquatic plants; definitions; permits; powers of
13 department; penalties.--
14 (3) The department has the following powers:
15 (b) To establish by rule lists of aquatic plant
16 species regulated under this section, including those exempted
17 from such regulation, provided the Department of Agriculture
18 and Consumer Services and the Fish and Wildlife Conservation
19 Game and Fresh Water Fish Commission approve such lists prior
20 to the lists becoming effective.
21 Section 68. Subsections (1), (8), (20) and (21) of
22 section 370.01, Florida Statutes, 1998 Supplement, are amended
23 to read:
24 370.01 Definitions.--In construing these statutes,
25 where the context does not clearly indicate otherwise, the
26 word, phrase, or term:
27 (1) "Authorization" means a number issued by the Fish
28 and Wildlife Conservation Game and Fresh Water Fish
29 Commission, or its authorized agent, which serves in lieu of a
30 license or permits and affords the privilege purchased for a
31 specified period of time.
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1 (8) "Erosion control," "beach preservation," and
2 "hurricane protection" shall include any activity, work,
3 program, project, or other thing deemed necessary by the
4 Division of Marine Resources of the Department of
5 Environmental Protection to effectively preserve, protect,
6 restore, rehabilitate, stabilize, and improve the beaches and
7 shores of this state, as defined above.
8 (20) "Restricted species" means any species of
9 saltwater products for which the state by law, or the Fish and
10 Wildlife Conservation Marine Fisheries Commission by rule, has
11 found it necessary to so designate. The term includes a
12 species of saltwater products designated by the commission as
13 restricted within a geographical area or during a particular
14 time period of each year. Designation as a restricted species
15 does not confer the authority to sell a species pursuant to s.
16 370.06 if the law or rule prohibits the sale of the species.
17 (21) "Salt water," except where otherwise provided by
18 law, shall be all of the territorial waters of Florida
19 excluding all lakes, rivers, canals, and other waterways of
20 Florida from such point or points where the fresh and salt
21 waters commingle to such an extent as to become unpalatable
22 because of the saline content, or from such point or points as
23 may be fixed for conservation purposes by the Division of
24 Marine Resources of the Fish and Wildlife Conservation
25 Department of Environmental Protection and the Game and Fresh
26 Water Fish Commission, with the consent and advice of the
27 board of county commissioners of the county or counties to be
28 affected.
29 Section 69. Section 370.021, Florida Statutes, 1998
30 Supplement, is amended to read:
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1 370.021 Administration; rules, publications, records;
2 penalties; injunctions.--
3 (1) RULES.--The Department of Environmental Protection
4 has authority to adopt rules pursuant to ss. 120.536(1) and
5 120.54 to implement provisions of law conferring powers or
6 duties upon it. The director of each division shall submit to
7 the department suggested rules and regulations for that
8 division. Any person violating or otherwise failing to comply
9 with any of the rules and regulations adopted as aforesaid is
10 guilty of a misdemeanor of the second degree, punishable as
11 provided in s. 775.082 or s. 775.083, unless otherwise
12 provided by law.
13 (1)(2) PENALTIES.--Unless otherwise provided by law,
14 any person, firm, or corporation who is convicted for
15 violating any provision of this chapter, any rule of the
16 department adopted pursuant to this chapter, or any rule of
17 the Fish and Wildlife Conservation Marine Fisheries Commission
18 adopted pursuant to this chapter, shall be punished:
19 (a) Upon a first conviction, by imprisonment for a
20 period of not more than 60 days or by a fine of not less than
21 $100 nor more than $500, or by both such fine and
22 imprisonment.
23 (b) On a second or subsequent conviction within 12
24 months, by imprisonment for not more than 6 months or by a
25 fine of not less than $250 nor more than $1,000, or by both
26 such fine and imprisonment.
27 (2)(3) MAJOR VIOLATIONS.--In addition to the penalties
28 provided in paragraphs (1)(a) and (b) (2)(a) and (b), the
29 court shall assess additional penalties against any person,
30 firm, or corporation convicted of major violations as follows:
31
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1 (a) For a violation involving more than 100 illegal
2 blue crabs, crawfish, or stone crabs, an additional penalty of
3 $10 for each illegal blue crab, crawfish, stone crab, or part
4 thereof.
5 (b) For a violation involving the taking or harvesting
6 of shrimp from a nursery or other prohibited area, an
7 additional penalty of $10 for each pound of illegal shrimp or
8 part thereof.
9 (c) For a violation involving the taking or harvesting
10 of oysters from nonapproved areas or the taking or possession
11 of unculled oysters, an additional penalty of $10 for each
12 bushel of illegal oysters.
13 (d) For a violation involving the taking or harvesting
14 of clams from nonapproved areas, an additional penalty of $100
15 for each 500 count bag of illegal clams.
16 (e) For a violation involving the taking, harvesting,
17 or possession of any of the following species, which are
18 endangered, threatened, or of special concern:
19 1. Shortnose sturgeon (Acipenser brevirostrum);
20 2. Atlantic sturgeon (Acipenser oxyrhynchus);
21 3. Common snook (Centropomus undecimalis);
22 4. Atlantic loggerhead turtle (Caretta caretta
23 caretta);
24 5. Atlantic green turtle (Chelonia mydas mydas);
25 6. Leatherback turtle (Dermochelys coriacea);
26 7. Atlantic hawksbill turtle (Eretmochelys imbricata
27 imbracata);
28 8. Atlantic ridley turtle (Lepidochelys kempi); or
29 9. West Indian manatee (Trichechus manatus
30 latirostris),
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1 an additional penalty of $100 for each unit of marine life or
2 part thereof.
3 (f) For a second or subsequent conviction within 24
4 months for any violation of the same law or rule involving the
5 taking or harvesting of more than 100 pounds of any finfish,
6 an additional penalty of $5 for each pound of illegal finfish.
7 (g) For any violation involving the taking,
8 harvesting, or possession of more than 1,000 pounds of any
9 illegal finfish, an additional penalty equivalent to the
10 wholesale value of the illegal finfish.
11 (h) The proceeds from the penalties assessed pursuant
12 to this subsection shall be deposited into the Marine
13 Resources Conservation Trust Fund to be used for marine
14 fisheries research or into the commission's department's
15 Federal Law Enforcement Trust Fund as provided in s. 20.2553,
16 as applicable.
17 (i) Permits issued to any person, firm, or corporation
18 by the commission department to take or harvest saltwater
19 products, or any license issued pursuant to s. 370.06 or s.
20 370.07 may be suspended or revoked by the commission
21 department, pursuant to the provisions and procedures of s.
22 120.60, for any major violation prescribed in this subsection:
23 1. Upon a second conviction for a violation which
24 occurs within 12 months after a prior violation, for up to 60
25 days.
26 2. Upon a third conviction for a violation which
27 occurs within 24 months after a prior violation, for up to 180
28 days.
29 3. Upon a fourth conviction for a violation which
30 occurs within 36 months after a prior violation, for a period
31 of 6 months to 3 years.
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1 (j) Upon the arrest and conviction for a major
2 violation involving stone crabs, the licenseholder must show
3 just cause why his or her license should not be suspended or
4 revoked. For the purposes of this paragraph, a "major
5 violation" means a major violation as prescribed for illegal
6 stone crabs; any single violation involving possession of more
7 than 25 stone crabs during the closed season or possession of
8 25 or more whole-bodied or egg-bearing stone crabs; any
9 violation for trap molestation, trap robbing, or pulling traps
10 at night; or any combination of violations in any
11 3-consecutive-year period wherein more than 75 illegal stone
12 crabs in the aggregate are involved.
13 (k) Upon the arrest and conviction for a major
14 violation involving crawfish, the licenseholder must show just
15 cause why his or her license should not be suspended or
16 revoked. For the purposes of this paragraph, a "major
17 violation" means a major violation as prescribed for illegal
18 crawfish; any single violation involving possession of more
19 than 25 crawfish during the closed season or possession of
20 more than 25 wrung crawfish tails or more than 25 egg-bearing
21 or stripped crawfish; any violation for trap molestation, trap
22 robbing, or pulling traps at night; or any combination of
23 violations in any 3-consecutive-year period wherein more than
24 75 illegal crawfish in the aggregate are involved.
25 (l) Upon the arrest and conviction for a major
26 violation involving blue crabs, the licenseholder shall show
27 just cause why his or her saltwater products license should
28 not be suspended or revoked. This paragraph shall not apply
29 to an individual fishing with no more than five traps. For
30 the purposes of this paragraph, a "major violation" means a
31 major violation as prescribed for illegal blue crabs, any
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1 single violation wherein 50 or more illegal blue crabs are
2 involved; any violation for trap molestation, trap robbing, or
3 pulling traps at night; or any combination of violations in
4 any 3-consecutive-year period wherein more than 100 illegal
5 blue crabs in the aggregate are involved.
6 (m) Upon the conviction for a major violation
7 involving finfish, the licenseholder must show just cause why
8 his or her saltwater products license should not be suspended
9 or revoked. For the purposes of this paragraph, a major
10 violation is prescribed for the taking and harvesting of
11 illegal finfish, any single violation involving the possession
12 of more than 100 pounds of illegal finfish, or any combination
13 of violations in any 3-consecutive-year period wherein more
14 than 200 pounds of illegal finfish in the aggregate are
15 involved.
16 (n) Upon final disposition of any alleged offense for
17 which a citation for any violation of this chapter or the
18 rules of the Fish and Wildlife Conservation Marine Fisheries
19 Commission has been issued, the court shall, within 10 days,
20 certify the disposition to the commission department.
21
22 Notwithstanding the provisions of s. 948.01, no court may
23 suspend, defer, or withhold adjudication of guilt or
24 imposition of sentence for any major violation prescribed in
25 this subsection.
26 (3)(4) PENALTIES FOR USE OF ILLEGAL NETS.--
27 (a) It shall be a major violation pursuant to
28 subsection (3) and shall be punished as provided below for any
29 person, firm, or corporation to be simultaneously in
30 possession of any species of mullet in excess of the
31 recreational daily bag limit and any gill or other entangling
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1 net as defined in s. 16(c), Art. X of the State Constitution.
2 Simultaneous possession under this provision shall include
3 possession of mullet and gill or other entangling nets on
4 separate vessels or vehicles where such vessels or vehicles
5 are operated in coordination with one another including
6 vessels towed behind a main vessel. This subsection does not
7 prohibit a resident of this state from transporting on land,
8 from Alabama to this state, a commercial quantity of mullet
9 together with a gill net if:
10 1. The person possesses a valid commercial fishing
11 license that is issued by the State of Alabama and that allows
12 the person to use a gill net to legally harvest mullet in
13 commercial quantities from Alabama waters.
14 2. The person possesses a trip ticket issued in
15 Alabama and filled out to match the quantity of mullet being
16 transported, and the person is able to present such trip
17 ticket immediately upon entering this state.
18 3. The mullet are to be sold to a wholesale saltwater
19 products dealer located in Escambia County or Santa Rosa
20 County, which dealer also possesses a valid seafood dealer's
21 license issued by the State of Alabama. The dealer's name must
22 be clearly indicated on the trip ticket.
23 4. The mullet being transported are totally removed
24 from any net also being transported.
25 (b) In addition to being subject to the other
26 penalties provided in this chapter, any violation of s. 16,
27 Art. X of the State Constitution, paragraph (b), or any rules
28 of the Fish and Wildlife Conservation Marine Fisheries
29 Commission which implement the gear prohibitions and
30 restrictions specified therein shall be considered a major
31 violation; and any person, firm, or corporation receiving any
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1 judicial disposition other than acquittal or dismissal of such
2 violation shall be subject to the following additional
3 penalties:
4 1. For a first major violation within a 7-year period,
5 a civil penalty of $2,500 and suspension of all saltwater
6 products license privileges for 90 calendar days following
7 final disposition shall be imposed.
8 2. For a second major violation under this paragraph
9 charged within 7 years of a previous judicial disposition,
10 which results in a second judicial disposition other than
11 acquittal or dismissal, a civil penalty of $5,000 and
12 suspension of all saltwater products license privileges for 12
13 months shall be imposed.
14 3. For a third and subsequent major violation under
15 this paragraph, charged within a 7-year period, resulting in a
16 third or subsequent judicial disposition other than acquittal
17 or dismissal, a civil penalty of $5,000, lifetime revocation
18 of the saltwater products license, and forfeiture of all gear
19 and equipment used in the violation shall be imposed.
20
21 A court may suspend, defer, or withhold adjudication of guilt
22 or imposition of sentence only for any first violation of s.
23 16, Art. X of the State Constitution, or any rule or statute
24 implementing its restrictions, determined by a court only
25 after consideration of competent evidence of mitigating
26 circumstances to be a nonflagrant or minor violation of those
27 restrictions upon the use of nets. Any violation of s. 16,
28 Art. X of the State Constitution, or any rule or statute
29 implementing its restrictions, occurring within a 7-year
30 period commencing upon the conclusion of any judicial
31 proceeding resulting in any outcome other than acquittal shall
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1 be punished as a second, third, or subsequent violation
2 accordingly.
3 (c) During the period of suspension or revocation of
4 saltwater license privileges under this subsection, the
5 licensee may not participate in the taking or harvesting or
6 attempt the taking or harvesting of saltwater products from
7 any vessel within the waters of the state, or any other
8 activity requiring a license, permit, or certificate issued
9 pursuant to this chapter. Any person who violates this
10 paragraph is:
11 1. Upon a first or second conviction, to be punished
12 as provided by paragraph (1)(a) (2)(a) or paragraph (1)(b)
13 (2)(b).
14 2. Upon a third or subsequent conviction, guilty of a
15 felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 (d) Upon reinstatement of saltwater license privileges
18 suspended pursuant to a violation of this section, a licensee
19 owning or operating a vessel containing or otherwise
20 transporting in or on Florida waters any gill net or other
21 entangling net, or containing or otherwise transporting in
22 nearshore and inshore Florida waters any net containing more
23 than 500 square feet of mesh area shall remain restricted for
24 a period of 12 months following reinstatement, to operation
25 under the following conditions:
26 1. Vessels subject to this reinstatement period shall
27 be restricted to the corridors established by commission
28 department rule.
29 2. A violation of the reinstatement period provisions
30 shall be punishable pursuant to paragraphs (1)(a) and (b)
31 (2)(a) and (b).
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1 (e) Rescission and revocation proceedings under this
2 section shall be governed by chapter 120.
3 (4)(5) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS
4 INVOLVING CERTAIN FINFISH.--It shall be a major violation
5 pursuant to this section and punishable pursuant to paragraph
6 (3)(b) (4)(b) for any person to be in possession of any
7 species of trout, snook, or redfish which is three fish in
8 excess of the recreational or commercial daily bag limit.
9 (5)(6) BUYING SALTWATER PRODUCTS FROM UNLICENSED
10 SELLER.--In addition to being subject to other penalties
11 provided in this chapter, any violation of s. 370.06 or s.
12 370.07, or rules of the commission department implementing s.
13 370.06 or s. 370.07, involving buying saltwater products from
14 an unlicensed person, firm, or corporation, shall be a major
15 violation, and the commission department may assess the
16 following penalties:
17 (a) For a first violation, the commission department
18 may assess a civil penalty of up to $2,500 and may suspend the
19 wholesale or and/or retail dealer's license privileges for up
20 to 90 calendar days.
21 (b) For a second violation occurring within 12 months
22 of a prior violation, the commission department may assess a
23 civil penalty of up to $5,000 and may suspend the wholesale or
24 and/or retail dealer's license privileges for up to 180
25 calendar days.
26 (c) For a third or subsequent violation occurring
27 within a 24-month period, the commission department shall
28 assess a civil penalty of $5,000 and shall suspend the
29 wholesale or and/or retail dealer's license privileges for up
30 to 24 months.
31
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1 Any proceeds from the civil penalties assessed pursuant to
2 this subsection shall be deposited into the Marine Resources
3 Conservation Trust Fund and shall be used as follows: 40
4 percent for administration and processing purposes and 60
5 percent for law enforcement purposes.
6 (6)(7) RULES; ADMISSIBILITY AS EVIDENCE.--Rules and
7 regulations shall be admitted as evidence in the courts of the
8 state when accompanied by an affidavit from the executive
9 director secretary of the commission department certifying
10 that the rule or regulation has been lawfully adopted,
11 promulgated, and published; and such affidavit shall be prima
12 facie evidence of proper adoption, promulgation, and
13 publication of the rule or regulation.
14 (7)(8) PUBLICATIONS BY COMMISSION DEPARTMENT.--The
15 Fish and Wildlife Conservation Commission department through
16 the Division of Administration and Technical Services is given
17 authority, from time to time in its discretion, to cause the
18 statutory laws under its jurisdiction, together with any rules
19 and regulations promulgated by it, to be published in pamphlet
20 form for free distribution in this state. The commission
21 department is authorized to make charges for technical and
22 educational publications and mimeographed material of use for
23 educational or reference purposes. Such charges shall be made
24 at the discretion of the commission Division of Administration
25 and Technical Services. Such charges may be sufficient to
26 cover cost of preparation, printing, publishing, and
27 distribution. All moneys received for publications shall be
28 deposited into the fund from which the cost of the publication
29 was paid. The commission department is further authorized to
30 enter into agreements with persons, firms, corporations,
31 governmental agencies, and other institutions whereby
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1 publications may be exchanged reciprocally in lieu of payments
2 for said publications.
3 (8)(9) POWERS OF OFFICERS.--
4 (a) The department may designate such employees of the
5 several divisions, as it may deem necessary in its discretion,
6 as law enforcement officers, who shall meet the provisions of
7 s. 943.13(1)-(10) and have the powers and duties conferred in
8 this subsection, except that such employees shall comply with
9 the provisions of chapter 943. Such Law enforcement officers
10 of the Fish and Wildlife Conservation Commission and the
11 Director of the Division of Law Enforcement, are constituted
12 law enforcement officers of this state with full power to
13 investigate and arrest for any violation of the laws of this
14 state and the rules and regulations of the commission
15 department under their jurisdiction. and for violations of
16 chapter 253 and the rules and regulations promulgated
17 thereunder. The general laws applicable to arrests by peace
18 officers of this state shall also be applicable to such law
19 enforcement officers of the commission. Such law enforcement
20 officers may enter upon any land or waters of the state for
21 performance of their lawful duties and may take with them any
22 necessary equipment, and such entry will not constitute a
23 trespass. It is lawful for any boat, motor vehicle, or
24 aircraft owned or chartered by the commission department or
25 its agents or employees to land on and depart from any of the
26 beaches or waters of the state. Such law enforcement officers
27 have the authority, without warrant, to board, inspect, and
28 search any boat, fishing appliance, storage or processing
29 plant, fishhouse, spongehouse, oysterhouse, or other
30 warehouse, building, or vehicle engaged in transporting or
31 storing any fish or fishery products. Such authority to search
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1 and inspect without a search warrant is limited to those cases
2 in which such law enforcement officers have reason to believe
3 that fish or any saltwater products are taken or kept for
4 sale, barter, transportation, or other purposes in violation
5 of laws or rules promulgated under this law. Any such law
6 enforcement officer may at any time seize or take possession
7 of any saltwater products or contraband which have been
8 unlawfully caught, taken, or processed or which are unlawfully
9 possessed or transported in violation of any of the laws of
10 this state or any rule or regulation of the commission
11 department. Such law enforcement officers may arrest any
12 person in the act of violating any of the provisions of this
13 law, the rules or regulations of the commission department,
14 the provisions of chapter 253 and the rules and regulations
15 promulgated thereunder, or any of the laws of this state. It
16 is hereby declared unlawful for any person to resist such
17 arrest or in any manner interfere, either by abetting or
18 assisting such resistance or otherwise interfering, with any
19 such law enforcement officer while engaged in the performance
20 of the duties imposed upon him or her by law or regulation of
21 the commission department.
22 (b) The Legislature finds that the checking and
23 inspection of saltwater products aboard vessels is critical to
24 good fishery management and conservation and that, because
25 almost all saltwater products are either iced or cooled in
26 closed areas or containers, the enforcement of seasons, size
27 limits, and bag limits can only be effective when inspection
28 of saltwater products so stored is immediate and routine.
29 Therefore, in addition to the authority granted in paragraph
30 (a), a law enforcement officer of the commission department
31 who has probable cause to believe that the vessel has been
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1 used for fishing prior to the inspection shall have full
2 authority to open and inspect all containers or areas where
3 saltwater products are normally kept aboard vessels while such
4 vessels are on the water, such as refrigerated or iced
5 locations, coolers, fish boxes, and bait wells, but
6 specifically excluding such containers that are located in
7 sleeping or living areas of the vessel.
8 (10) DUTIES OF DEPARTMENT OF LEGAL AFFAIRS.--The
9 Department of Legal Affairs shall attend to the legal business
10 of the Department of Environmental Protection and its
11 divisions; but, if at any time any question of law or any
12 litigation arises and the Department of Legal Affairs is
13 otherwise occupied and cannot give the time and attention
14 necessary to such question of law or litigation as the
15 occasion demands, the several state attorneys shall attend to
16 any such question of law or litigation arising within their
17 respective circuits; and, if such state attorney is otherwise
18 occupied and cannot give the time and attention necessary to
19 such question of law or litigation as the case may demand, the
20 Department of Environmental Protection may employ additional
21 counsel for that particular cause, with the advice and consent
22 of the Department of Legal Affairs. Such additional counsel's
23 fees shall be paid from the moneys appropriated to the
24 Department of Environmental Protection.
25 (9)(11) RETENTION, DESTRUCTION, AND REPRODUCTION OF
26 RECORDS.--Records and documents of the Fish and Wildlife
27 Conservation Commission Department of Environmental Protection
28 created in compliance with and in the implementation of this
29 chapter or former chapter 371 shall be retained by the
30 commission department as specified in record retention
31 schedules established under the general provisions of chapters
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1 119 and 257. Further, the commission department is authorized
2 to:
3 (a) Destroy, or otherwise dispose of, those records
4 and documents in conformity with the approved retention
5 schedules.
6 (b) Photograph, microphotograph, or reproduce such
7 records and documents on film, as authorized and directed by
8 the approved retention schedules, whereby each page will be
9 exposed in exact conformity with the original records and
10 documents retained in compliance with the provisions of this
11 section. Photographs or microphotographs in the form of film
12 or print of any records, made in compliance with the
13 provisions of this section, shall have the same force and
14 effect as the originals thereof would have and shall be
15 treated as originals for the purpose of their admissibility in
16 evidence. Duly certified or authenticated reproductions of
17 such photographs or microphotographs shall be admitted in
18 evidence equally with the original photographs or
19 microphotographs. The impression of the seal of the Fish and
20 Wildlife Conservation Commission Department of Environmental
21 Protection on a certificate made pursuant to the provisions
22 hereof and signed by the Executive Director of the Fish and
23 Wildlife Conservation Commission Secretary of Environmental
24 Protection shall entitle the same to be received in evidence
25 in all courts and in all proceedings in this state and shall
26 be prima facie evidence of all factual matters set forth in
27 the certificate. A certificate may relate to one or more
28 records, as set forth in the certificate, or in a schedule
29 continued on an attachment to the certificate.
30
31
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1 (c) Furnish certified copies of such records for a fee
2 of $1 which shall be deposited in the Marine Resources
3 Conservation Trust Fund.
4 (10)(12) COURTS OF EQUITY MAY ENJOIN.--Courts of
5 equity in this state have jurisdiction to enforce the
6 conservation laws of this state by injunction.
7 (13) BOND OF EMPLOYEES.--The department may require,
8 as it determines, that bond be given by any employee of the
9 department or divisions thereof, payable to the Governor of
10 the state and the Governor's successor in office, for the use
11 and benefit of those whom it may concern, in such penal sums
12 with good and sufficient surety or sureties approved by the
13 department conditioned for the faithful performance of the
14 duties of such employee.
15 (11)(14) REVOCATION OF LICENSES.--Any person licensed
16 under this chapter who has been convicted of taking
17 aquaculture species raised at a certified facility shall have
18 his or her license revoked for 5 years by the Fish and
19 Wildlife Conservation Commission Department of Environmental
20 Protection pursuant to the provisions and procedures of s.
21 120.60.
22 Section 70. Section 370.028, Florida Statutes, 1998
23 Supplement, is amended to read:
24 370.028 Enforcement of commission rules; penalties for
25 violation of rule.--Rules of the Fish and Wildlife
26 Conservation department and the Marine Fisheries Commission
27 shall be enforced by any law enforcement officer certified
28 pursuant to s. 943.13. Any person who violates or otherwise
29 fails to comply with any rule adopted by the commission shall
30 be punished pursuant to s. 370.021(1) s. 370.021(2).
31
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1 Section 71. Section 370.06, Florida Statutes, 1998
2 Supplement, is amended to read:
3 370.06 Licenses.--
4 (1) LICENSE ON PURSE SEINES.--There is levied, in
5 addition to any other taxes thereon, an annual license tax of
6 $25 upon each purse seine used in the waters of this state.
7 This license fee shall be collected in the manner provided in
8 this section.
9 (2) SALTWATER PRODUCTS LICENSE.--
10 (a) Every person, firm, or corporation that sells,
11 offers for sale, barters, or exchanges for merchandise any
12 saltwater products, or which harvests saltwater products with
13 certain gear or equipment as specified by law, must have a
14 valid saltwater products license, except that the holder of an
15 aquaculture certificate under s. 597.004 is not required to
16 purchase and possess a saltwater products license in order to
17 possess, transport, or sell marine aquaculture products. Each
18 saltwater products license allows the holder to engage in any
19 of the activities for which the license is required. The
20 license must be in the possession of the licenseholder or
21 aboard the vessel and shall be subject to inspection at any
22 time that harvesting activities for which a license is
23 required are being conducted. A restricted species endorsement
24 on the saltwater products license is required to sell to a
25 licensed wholesale dealer those species which the state, by
26 law or rule, has designated as "restricted species." This
27 endorsement may be issued only to a person who is at least 16
28 years of age, or to a firm certifying that over 25 percent of
29 its income or $5,000 of its income, whichever is less, is
30 attributable to the sale of saltwater products pursuant to a
31 license issued under this paragraph or a similar license from
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1 another state. This endorsement may also be issued to a
2 for-profit corporation if it certifies that at least $5,000 of
3 its income is attributable to the sale of saltwater products
4 pursuant to a license issued under this paragraph or a similar
5 license from another state. However, if at least 50 percent of
6 the annual income of a person, firm, or for-profit corporation
7 is derived from charter fishing, the person, firm, or
8 for-profit corporation must certify that at least $2,500 of
9 the income of the person, firm, or corporation is attributable
10 to the sale of saltwater products pursuant to a license issued
11 under this paragraph or a similar license from another state,
12 in order to be issued the endorsement. Such income attribution
13 must apply to at least 1 year out of the last 3 years. For the
14 purpose of this section "income" means that income which is
15 attributable to work, employment, entrepreneurship, pensions,
16 retirement benefits, and social security benefits. To renew an
17 existing restricted species endorsement, a marine aquaculture
18 producer possessing a valid saltwater products license with a
19 restricted species endorsement may apply income from the sale
20 of marine aquaculture products to licensed wholesale dealers.
21 1. The Fish and Wildlife Conservation Commission
22 department is authorized to require verification of such
23 income. Acceptable proof of income earned from the sale of
24 saltwater products shall be:
25 a. Copies of trip ticket records generated pursuant to
26 this subsection (marine fisheries information system),
27 documenting qualifying sale of saltwater products;
28 b. Copies of sales records from locales other than
29 Florida documenting qualifying sale of saltwater products;
30
31
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1 c. A copy of the applicable federal income tax return,
2 including Form 1099 attachments, verifying income earned from
3 the sale of saltwater products;
4 d. Crew share statements verifying income earned from
5 the sale of saltwater products; or
6 e. A certified public accountant's notarized statement
7 attesting to qualifying source and amount of income.
8
9 Any provision of this section or any other section of the
10 Florida Statutes to the contrary notwithstanding, any person
11 who owns a retail seafood market or and/or restaurant at a
12 fixed location for at least 3 years who has had an
13 occupational license for 3 years prior to January 1, 1990, who
14 harvests saltwater products to supply his or her retail store
15 and has had a saltwater products license for 1 of the past 3
16 years prior to January 1, 1990, may provide proof of his or
17 her verification of income and sales value at the person's
18 retail seafood market or and/or restaurant and in his or her
19 saltwater products enterprise by affidavit and shall thereupon
20 be issued a restricted species endorsement.
21 2. Exceptions from income requirements shall be as
22 follows:
23 a. A permanent restricted species endorsement shall be
24 available to those persons age 62 and older who have qualified
25 for such endorsement for at least 3 out of the last 5 years.
26 b. Active military duty time shall be excluded from
27 consideration of time necessary to qualify and shall not be
28 counted against the applicant for purposes of qualifying.
29 c. Upon the sale of a used commercial fishing vessel
30 owned by a person, firm, or corporation possessing or eligible
31 for a restricted species endorsement, the purchaser of such
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1 vessel shall be exempted from the qualifying income
2 requirement for the purpose of obtaining a restricted species
3 endorsement for a period of 1 year after purchase of the
4 vessel.
5 d. Upon the death or permanent disablement of a person
6 possessing a restricted species endorsement, an immediate
7 family member wishing to carry on the fishing operation shall
8 be exempted from the qualifying income requirement for the
9 purpose of obtaining a restricted species endorsement for a
10 period of 1 year after the death or disablement.
11 e. A restricted species endorsement may be issued on
12 an individual saltwater products license to a person age 62 or
13 older who documents that at least $2,500 is attributable to
14 the sale of saltwater products pursuant to the provisions of
15 this paragraph.
16 f. A permanent restricted species endorsement may also
17 be issued on an individual saltwater products license to a
18 person age 70 or older who has held a saltwater products
19 license for at least 3 of the last 5 license years.
20 g. Any resident who is certified to be totally and
21 permanently disabled by a verified written statement, based
22 upon the criteria for permanent total disability in chapter
23 440 from a physician licensed in this state, by any branch of
24 the United States Armed Services, by the Social Security
25 Administration, or by the United States Department of Veterans
26 Affairs or its predecessor, or any resident who holds a valid
27 identification card issued by the Department of Veterans'
28 Affairs pursuant to s. 295.17, shall be exempted from the
29 income requirements if he or she also has held a saltwater
30 products license for at least 3 of the last 5 license years
31 prior to the date of the disability. A Disability Award Notice
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1 issued by the United States Social Security Administration is
2 not sufficient certification for a resident to obtain the
3 income exemption unless the notice certifies that the resident
4 is totally and permanently disabled.
5
6 At least one saltwater products license bearing a restricted
7 species endorsement shall be aboard any vessel harvesting
8 restricted species in excess of any bag limit or when fishing
9 under a commercial quota or in commercial quantities, and such
10 vessel shall have a commercial vessel registration. This
11 subsection does not apply to any person, firm, or corporation
12 licensed under s. 370.07(1)(a)1. or (b) for activities
13 pursuant to such licenses. A saltwater products license may be
14 issued in the name of an individual or a valid boat
15 registration number. Such license is not transferable. A decal
16 shall be issued with each saltwater products license issued to
17 a valid boat registration number. The saltwater products
18 license decal shall be the same color as the vessel
19 registration decal issued each year pursuant to s. 327.11(5)
20 and shall indicate the period of time such license is valid.
21 The saltwater products license decal shall be placed beside
22 the vessel registration decal and, in the case of an
23 undocumented vessel, shall be placed so that the vessel
24 registration decal lies between the vessel registration number
25 and the saltwater products license decal. Any saltwater
26 products license decal for a previous year shall be removed
27 from a vessel operating on the waters of the state. A resident
28 shall pay an annual license fee of $50 for a saltwater
29 products license issued in the name of an individual or $100
30 for a saltwater products license issued to a valid boat
31 registration number. A nonresident shall pay an annual license
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1 fee of $200 for a saltwater products license issued in the
2 name of an individual or $400 for a saltwater products license
3 issued to a valid boat registration number. An alien shall pay
4 an annual license fee of $300 for a saltwater products license
5 issued in the name of an individual or $600 for a saltwater
6 products license issued to a valid boat registration number.
7 Any person who sells saltwater products pursuant to this
8 license may sell only to a licensed wholesale dealer. A
9 saltwater products license must be presented to the licensed
10 wholesale dealer each time saltwater products are sold, and an
11 imprint made thereof. The wholesale dealer shall keep records
12 of each transaction in such detail as may be required by rule
13 of the Fish and Wildlife Conservation Commission Department of
14 Environmental Protection not in conflict with s. 370.07(6),
15 and shall provide the holder of the saltwater products license
16 with a copy of the record. It is unlawful for any licensed
17 wholesale dealer to buy saltwater products from any unlicensed
18 person under the provisions of this section, except that a
19 licensed wholesale dealer may buy from another licensed
20 wholesale dealer. It is unlawful for any licensed wholesale
21 dealer to buy saltwater products designated as "restricted
22 species" from any person, firm, or corporation not possessing
23 a restricted species endorsement on his or her saltwater
24 products license under the provisions of this section, except
25 that a licensed wholesale dealer may buy from another licensed
26 wholesale dealer. The commission Department of Environmental
27 Protection shall be the licensing agency, may contract with
28 private persons or entities to implement aspects of the
29 licensing program, and shall establish by rule a marine
30 fisheries information system in conjunction with the licensing
31 program to gather fisheries data.
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1 (b) Any person who sells, offers for sale, barters, or
2 exchanges for merchandise saltwater products must have a
3 method of catch preservation which meets the requirements and
4 standards of the seafood quality control code promulgated by
5 the commission Department of Environmental Protection.
6 (c) A saltwater products license is required to
7 harvest commercial quantities of saltwater products. Any
8 vessel from which commercial quantities of saltwater products
9 are harvested must have a commercial vessel registration.
10 Commercial quantities of saltwater products shall be defined
11 as:
12 1. With respect to those species for which no bag
13 limit has been established, more than 100 pounds per person
14 per day, provided that the harvesting of two fish or less per
15 person per day shall not be considered commercial quantities
16 regardless of aggregate weight; and
17 2. With respect to those species for which a bag limit
18 has been established, more than the bag limit allowed by law
19 or rule.
20 (d)1. In addition to the saltwater products license, a
21 marine life fishing endorsement is required for the harvest of
22 marine life species as defined by rule of the Fish and
23 Wildlife Conservation Marine Fisheries Commission. This
24 endorsement may be issued only to a person who is at least 16
25 years of age or older or to a corporation holding a valid
26 restricted species endorsement.
27 2.a. Effective July 1, 1998, and until July 1, 2002, a
28 marine life endorsement may not be issued under this
29 paragraph, except that those endorsements that are active
30 during the 1997-1998 fiscal year may be renewed.
31
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1 b. In 1998 persons or corporations holding a marine
2 life endorsement that was active in the 1997-1998 fiscal year
3 or an immediate family member of that person must request
4 renewal of the marine life endorsement before December 31,
5 1998.
6 c. In subsequent years and until July 1, 2002, a
7 marine life endorsement holder or member of his or her
8 immediate family must request renewal of the marine life
9 endorsement before September 30 of each year.
10 d. If a person or corporation holding an active marine
11 life fishing endorsement or a member of that person's
12 immediate family does not request renewal of the endorsement
13 before the applicable dates specified in this paragraph, the
14 commission department shall deactivate that marine life
15 fishing endorsement.
16 e. In the event of the death or disability of a person
17 holding an active marine life fishing endorsement, the
18 endorsement may be transferred by the person to a member of
19 his or her immediate family or may be renewed by any person so
20 designated by the executor of the person's estate.
21 f. Persons or corporations who hold saltwater product
22 licenses with marine life fishing endorsements issued to their
23 vessel registration numbers and who subsequently replace their
24 existing vessels with new vessels may transfer the existing
25 marine life fishing endorsement to the new boat registration
26 numbers.
27 g. Persons or corporations who hold saltwater product
28 licenses with marine life fishing endorsements issued to their
29 name and who subsequently incorporate or unincorporate may
30 transfer the existing marine life fishing endorsement to the
31 new corporation or person.
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1 h. By July 1, 2000, the Fish and Wildlife Conservation
2 Marine Fisheries Commission shall prepare a report regarding
3 options for the establishment of a limited-entry program for
4 the marine life fishery and submit the report to the Governor,
5 the President of the Senate, the Speaker of the House of
6 Representatives, and the chairs of the Senate and House
7 committees having jurisdiction over marine resources.
8 3. The fee for a marine life fishery endorsement on a
9 saltwater products license shall be $75. These license fees
10 shall be collected and deposited in the Marine Resources
11 Conservation Trust Fund and used for the purchase and
12 installation of vessel mooring buoys at coral reef sites and
13 for research related to marine fisheries.
14 (3) NET LICENSES.--Except for cast nets and bait
15 seines which are 100 feet in length or less and which have a
16 mesh that is 3/8 inch or less, all nets used to take
17 finfish, including, but not limited to, gill nets, trammel
18 nets, and beach seines, must be licensed or registered. Each
19 net used to take finfish for commercial purposes, or by a
20 nonresident, must be licensed under a saltwater products
21 license issued pursuant to subsection (2) and must bear the
22 number of such license. A noncommercial resident net
23 registration must be issued to each net used to take finfish
24 for noncommercial purposes and may only be issued to residents
25 of the state. Each net so registered must bear the name of the
26 person in whose name the net is registered.
27 (4) SPECIAL ACTIVITY LICENSES.--
28 (a) A special activity license is required for any
29 person to use gear or equipment not authorized in this chapter
30 or rule of the Fish and Wildlife Conservation Marine Fisheries
31 Commission for harvesting saltwater species. In accordance
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1 with this chapter, s. 16, Art. X of the State Constitution,
2 and rules of the Fish and Wildlife Conservation Marine
3 Fisheries Commission, the commission department may issue
4 special activity licenses for the use of nonconforming gear or
5 equipment, including, but not limited to, trawls, seines and
6 entangling nets, traps, and hook and line gear, to be used in
7 harvesting saltwater species for scientific and governmental
8 purposes, and, where allowable, for innovative fisheries. The
9 commission department may prescribe by rule application
10 requirements and terms, conditions, and restrictions to be
11 incorporated into each special activity license. This
12 subsection does not apply to gear or equipment used by
13 certified marine aquaculturists to harvest marine aquaculture
14 products.
15 (b) The commission department is authorized to issue
16 special activity licenses in accordance with this section and
17 s. 370.31, to permit the importation, possession, and
18 aquaculture of anadromous sturgeon. The special activity
19 license shall provide for specific management practices to
20 prevent the release and escape of cultured anadromous sturgeon
21 and to protect indigenous populations of saltwater species.
22 (c) The commission department is authorized to issue
23 special activity licenses, in accordance with s. 370.071, to
24 permit the harvest or cultivation of oysters, clams, mussels,
25 and crabs when such activities relate to quality control,
26 sanitation, public health regulations, innovative technologies
27 for aquaculture activities, or the protection of shellfish
28 resources provided in this chapter, unless such authority is
29 delegated to the Department of Agriculture and Consumer
30 Services, pursuant to a memorandum of understanding.
31
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1 (d) The conditions and specific management practices
2 established in this section may be incorporated into permits
3 and authorizations issued pursuant to chapter 253, chapter
4 373, chapter 403, or this chapter, when incorporating such
5 provisions is in accordance with the aquaculture permit
6 consolidation procedures. No separate issuance of a special
7 activity license is required when conditions and specific
8 management practices are incorporated into permits or
9 authorizations under this paragraph. Implementation of this
10 section to consolidate permitting actions does not constitute
11 rules within the meaning of s. 120.52.
12 (e) The commission department is authorized to issue
13 special activity licenses in accordance with ss. 370.071,
14 370.101, and this section; aquaculture permit consolidation
15 procedures in s. 370.26(3)(a); and rules of the Fish and
16 Wildlife Conservation Marine Fisheries Commission to permit
17 the capture and possession of saltwater species protected by
18 law and used as stock for artificial cultivation and
19 propagation.
20 (f) The commission department is authorized to adopt
21 rules to govern the administration of special activities
22 licenses as provided in this chapter and rules of the
23 commission Marine Fisheries Commission. Such rules may
24 prescribe application requirements and terms, conditions, and
25 restrictions for any such special activity license requested
26 pursuant to this section.
27 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.--
28 (a) For purposes of this section, the following
29 definitions shall apply:
30 1. "Person" means an individual.
31 2. "Resident" means any person who has:
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1 a. Continuously resided in this state for 6 months
2 immediately preceding the making of his or her application for
3 an Apalachicola Bay oyster harvesting license; or
4 b. Established a domicile in this state and evidenced
5 that domicile as provided in s. 222.17.
6 (b) No person shall harvest oysters from the
7 Apalachicola Bay without a valid Apalachicola Bay oyster
8 harvesting license issued by the Fish and Wildlife
9 Conservation Commission department. This requirement shall not
10 apply to anyone harvesting noncommercial quantities of oysters
11 in accordance with chapter 46-27, Florida Administrative Code,
12 or to any person less than 18 years old.
13 (c) Any person wishing to obtain an Apalachicola Bay
14 oyster harvesting license shall submit an annual fee for the
15 license during a 45-day period from May 17 to June 30 of each
16 year preceding the license year for which the license is
17 valid. Failure to pay the annual fee within the required time
18 period shall result in a $500 late fee being imposed before
19 issuance of the license.
20 (d) The Fish and Wildlife Conservation Commission
21 department shall collect an annual fee of $100 from residents
22 and $500 from nonresidents for the issuance of an Apalachicola
23 Bay oyster harvesting license. The license year shall begin on
24 July 1 of each year and end on June 30 of the following year.
25 The license shall be valid only for the licensee. Only bona
26 fide residents of Florida may obtain a resident license
27 pursuant to this subsection.
28 (e) Each person who applies for an Apalachicola Bay
29 oyster harvesting license shall, before receiving the license,
30 attend an educational seminar of not more than 16 hours
31 length, developed and conducted jointly by the Apalachicola
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1 National Estuarine Research Reserve, the commission's
2 department's Division of Law Enforcement, and the commission's
3 department's Apalachicola District Shellfish Environmental
4 Assessment Laboratory. The seminar shall address, among other
5 things, oyster biology, conservation of the Apalachicola Bay,
6 sanitary care of oysters, small business management, and water
7 safety. The seminar shall be offered five times per year, and
8 each person attending shall receive a certificate of
9 participation to present when obtaining an Apalachicola Bay
10 oyster harvesting license.
11 (f) Each person, while harvesting oysters in
12 Apalachicola Bay, shall have in possession a valid
13 Apalachicola Bay oyster harvesting license, or proof of having
14 applied for a license within the required time period, and
15 shall produce such license or proof of application upon
16 request of any law enforcement officer.
17 (g) Each person who obtains an Apalachicola Bay oyster
18 harvesting license shall prominently display the license
19 number upon any vessel the person owns which is used for the
20 taking of oysters, in numbers which are at least 10 inches
21 high and 1 inch wide, so that the permit number is readily
22 identifiable from the air and water. Only one vessel
23 displaying a given number may be used at any time. A licensee
24 may harvest oysters from the vessel of another licensee.
25 (h) Any person holding an Apalachicola Bay oyster
26 harvesting license shall receive credit for the license fee
27 against the saltwater products license fee.
28 (i) The proceeds from Apalachicola Bay oyster
29 harvesting license fees shall be deposited in the Marine
30 Resources Conservation Trust Fund and, less reasonable
31 administrative costs, shall be used or distributed by the
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1 commission department for the following purposes in
2 Apalachicola Bay:
3 1. Relaying and transplanting live oysters.
4 2. Shell planting to construct or rehabilitate oyster
5 bars.
6 3. Education programs for licensed oyster harvesters
7 on oyster biology, aquaculture, boating and water safety,
8 sanitation, resource conservation, small business management,
9 marketing, and other relevant subjects.
10 4. Research directed toward the enhancement of oyster
11 production in the bay and the water management needs of the
12 bay.
13 (j) Any person who violates any of the provisions of
14 paragraphs (b) and (d)-(g) commits a misdemeanor of the second
15 degree, punishable as provided in ss. 775.082 and 775.083.
16 Nothing in this subsection shall limit the application of
17 existing penalties.
18 (6) LICENSE YEAR.--The license year on all licenses
19 relating to saltwater products dealers, seafood dealers,
20 aliens, residents, and nonresidents, unless otherwise
21 provided, shall begin on July 1 of each year and end on June
22 30 of the next succeeding year. All licenses shall be so
23 dated. However, if the commission department determines that
24 it is in the best interest of the state to issue a license
25 required under this chapter to an individual on the birthday
26 of the applicant, the commission department may establish by
27 rule a procedure to do so. This section does not apply to
28 licenses and permits when their use is confined to an open
29 season.
30 (7) LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE;
31 EXCEPTION.--Licenses of every kind and nature granted under
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1 the provisions of the fish and game laws of this state are at
2 all times subject to inspection by the police officers of this
3 state and, the wildlife officers of the Fish and Wildlife
4 Conservation Game and Fresh Water Fish Commission, and the
5 officers of the Marine Patrol. Such licenses are not
6 transferable unless otherwise provided by law.
7 (8) COLLECTION OF LICENSES, FEES.--Unless otherwise
8 provided by law, all license taxes or fees provided for in
9 this chapter shall be collected by the commission department
10 or its duly authorized agents or deputies to be deposited by
11 the Comptroller in the Marine Resources Conservation Trust
12 Fund. The commission department may by rule establish a
13 reasonable processing fee for any free license or permit
14 required under this chapter.
15 Section 72. Paragraphs (b) and (c) of subsection (2)
16 and subsections (5), (6), (7), (10), (11), and (13) of section
17 370.0605, Florida Statutes, 1998 Supplement, are amended to
18 read:
19 370.0605 Saltwater fishing license required; fees.--
20 (2) Saltwater fishing license fees are as follows:
21 2. For any person who operates any vessel licensed to
22 carry no more than 10 customers, or for any person licensed to
23 operate any vessel carrying 6 or fewer customers, wherein a
24 fee is paid, either directly or indirectly, for the purpose of
25 taking or attempting to take marine fish, $400 per year;
26 provided any person licensed to operate any vessel carrying 6
27 or fewer customers but who operates a vessel carrying 4 or
28 fewer customers, wherein a fee is paid, either directly or
29 indirectly, for such purposes, $200 per year. The license must
30 be kept aboard the vessel at all times.
31
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1 3. A person who operates a vessel required to be
2 licensed pursuant to subparagraph 1. or subparagraph 2. may
3 obtain a license in his or her own name, and such license
4 shall be transferable and apply to any vessel operated by the
5 purchaser, provided that the purchaser has paid the
6 appropriate license fee.
7 4. For any pier fixed to the land for the purpose of
8 taking or attempting to take marine fish therefrom, $500 per
9 year. Owners, operators, or custodians of piers have the
10 discretion to buy the annual $500 license. Those who elect to
11 purchase such license must have the license available for
12 inspection at all times.
13 5. For a recreational vessel not for hire and for
14 which no fee is paid either directly or indirectly by guests,
15 for the purpose of taking or attempting to take marine fish
16 noncommercially, $2,000 per year. The license may be purchased
17 at the option of the vessel owner and must be kept aboard the
18 vessel at all times. A log of species taken and the date the
19 species were taken shall be maintained and a copy of the log
20 filed with the Fish and Wildlife Conservation Commission
21 Department of Environmental Protection at the time of renewal
22 of the license.
23 (c) The commission department is authorized to reduce
24 the fees for licenses under this section for residents of
25 those states with which the commission department has entered
26 into reciprocal agreements with respect to such fees.
27 (5) The Fish and Wildlife Conservation Game and Fresh
28 Water Fish Commission may issue temporary fishing licenses,
29 upon request, to governmental or nonprofit organizations that
30 sponsor 1-day special events in fishing management areas for
31 individuals with physical, mental, or emotional disabilities,
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1 or for the economically disadvantaged. There shall be no fee
2 for such temporary license. The temporary license shall be
3 valid for 1 day and shall designate the date and maximum
4 number of individuals.
5 (6)(a) The Fish and Wildlife Conservation Game and
6 Fresh Water Fish Commission, all county tax collectors, or any
7 appointed subagent may sell licenses and permits and collect
8 fees pursuant to this section.
9 (b) The commission is the issuing department for the
10 purpose of issuing licenses and permits and collecting fees
11 pursuant to this section.
12 (c) In addition to the license and permit fee
13 collected, the sum of $1.50 shall be charged for each license.
14 Such charge shall be for the purpose of, and the source from
15 which is subtracted, all administrative costs of issuance,
16 including, but not limited to, printing, distribution, and
17 credit card fees. Tax collectors may retain $1.50 for each
18 license sold.
19 (d)1. Each county tax collector shall maintain records
20 of all such licenses, permits, and stamps that are sold,
21 voided, stolen, or lost. Licenses and permits must be issued
22 and reported, and fees must be remitted, in accordance with
23 the procedures established in chapter 372.
24 2. Not later than August 15 of each year, each county
25 tax collector shall submit to the Fish and Wildlife
26 Conservation Game and Fresh Water Fish Commission all unissued
27 stamps for the previous fiscal year along with a written audit
28 report, on forms prescribed or approved by the Fish and
29 Wildlife Conservation Game and Freshwater Fish Commission, as
30 to the numbers of the unissued stamps.
31
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1 (e) A license or permit to replace a lost or destroyed
2 license or permit may be obtained by submitting an application
3 for replacement. The fee is $10 for each application for
4 replacement of a lifetime license and $2 for each application
5 for replacement for any other license or permit. Such fees
6 shall be for the purpose of, and the source from which is
7 subtracted, all administrative costs of issuing the license or
8 permit, including, but not limited to, printing, distribution,
9 and credit card fees. Tax collectors may retain $1 for each
10 application for a replacement license or permit processed.
11 (7)(a) Each county tax collector, as issuing agent for
12 the department, shall submit to the department by January 31,
13 1997, a report of the sale of, and payment for, all licenses
14 and permits sold between June 1, 1996, and December 31, 1996.
15 (b) By March 15, 1997, each county tax collector shall
16 provide the department with a written report, on forms
17 provided by the department, of the audit numbers of all
18 unissued licenses and permits for the period of June 1, 1996,
19 to December 31, 1996. Within 30 days after the submission of
20 the annual audit report, each county tax collector shall
21 provide the Fish and Wildlife Conservation Commission
22 department with a written audit report of unissued, sold, and
23 voided licenses, permits, and stamps, together with a
24 certified reconciliation statement prepared by a certified
25 public accountant. Concurrent with the submission of the
26 certification, the county tax collector shall remit to the
27 commission department the monetary value of all licenses,
28 permits, and stamps that are unaccounted for. Each tax
29 collector is also responsible for fees for all licenses,
30 permits, and stamps distributed by him or her to subagents,
31 sold by him or her, or reported by him or her as lost.
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1 (10) The Fish and Wildlife Conservation department,
2 the Game and Fresh Water Fish Commission, or any other law
3 enforcement agency may make any investigation necessary to
4 secure information required to carry out and enforce this
5 section.
6 (11) It is unlawful for any person to make, forge,
7 counterfeit, or reproduce a saltwater fishing license unless
8 authorized by the commission department. It is unlawful for
9 any person knowingly to have in his or her possession a
10 forged, counterfeit, or imitation of such license, unless
11 possession by such person has been fully authorized by the
12 commission department. Any person who violates this
13 subsection is guilty of a felony of the third degree,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 (13) The Fish and Wildlife Conservation department or
17 the Game and Fresh Water Fish Commission may designate by rule
18 no more than 2 consecutive or nonconsecutive days in each year
19 as "Disabled Angler Fishing Days." Notwithstanding any other
20 provision of this chapter, any disabled person may take marine
21 fish for noncommercial purposes on a Disabled Angler Fishing
22 Day without obtaining or possessing a license or paying a
23 license fee as prescribed in this section. A disabled person
24 who takes marine fish on a Disabled Angler Fishing Day without
25 obtaining a license or paying a fee must comply with all laws
26 and regulations governing holders of a license and all other
27 conditions and limitations regulating the taking of marine
28 fish as are imposed by law or rule.
29 Section 73. Paragraph (a) of subsection (1) and
30 subsections (3) and (8) of section 370.0615, Florida Statutes,
31 are amended to read:
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1 370.0615 Lifetime licenses.--
2 (1) A resident lifetime saltwater fishing license
3 authorizes the holder to engage in the following noncommercial
4 activities:
5 (a) To take or attempt to take or possess marine fish
6 consistent with state and federal regulations and rules of the
7 Fish and Wildlife Conservation Department of Environmental
8 Protection or the Marine Fisheries Commission.
9 (3) The Fish and Wildlife Conservation Game and Fresh
10 Water Fish Commission shall be the issuing agent for all
11 lifetime licenses and all replacement lifetime licenses, and
12 is authorized to collect the fees therefor.
13 (8) License moneys collected for lifetime licenses and
14 replacement lifetime licenses, along with a report of funds
15 collected and other required documentation, shall be remitted
16 to the Fish and Wildlife Conservation Game and Fresh Water
17 Fish Commission within 10 days after the moneys are collected.
18 Section 74. Section 370.062, Florida Statutes, 1998
19 Supplement, is amended to read:
20 370.062 Fish and Wildlife Conservation Commission
21 Department of Environmental Protection license program for
22 tarpon; fees; penalties.--
23 (1) The Fish and Wildlife Conservation Commission
24 Department of Environmental Protection shall establish a
25 license program for the purpose of issuing tags to individuals
26 desiring to harvest tarpon (megalops atlantica) from the
27 waters of the State of Florida. The tags shall be
28 nontransferable, except that the Marine Fisheries commission
29 may allow for a limited number of tags to be purchased by
30 professional fishing guides for transfer to individuals, and
31 issued by the commission department in order of receipt of a
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1 properly completed application for a nonrefundable fee of $50
2 per tag. The Game and Fresh Water Fish commission and any tax
3 collector may sell the tags and collect the fees therefor.
4 Tarpon tags are valid from July 1 through June 30. Before
5 August 5 of each year, each tax collector shall submit to the
6 Game and Fresh Water Fish commission all unissued tags for the
7 previous calendar year along with a written audit report, on
8 forms prescribed or approved by the Game and Fresh Water Fish
9 commission, as to the numbers of the unissued tags. To defray
10 the cost of issuing any tag, the issuing tax collector shall
11 collect and retain as his or her costs, in addition to the tag
12 fee collected, the amount allowed under s. 372.561(4) for the
13 issuance of licenses.
14 (2) The number of tags to be issued shall be
15 determined by rule of the Marine Fisheries commission. The
16 commission shall in no way allow the issuance of tarpon tags
17 to adversely affect the tarpon population.
18 (3) Proceeds from the sale of tarpon tags shall be
19 deposited in the Marine Resources Conservation Trust Fund and
20 shall be used to gather information directly applicable to
21 tarpon management.
22 (4) No individual shall take, kill, or possess any
23 fish of the species megalops atlantica, commonly known as
24 tarpon, unless such individual has purchased a tarpon tag and
25 securely attached it through the lower jaw of the fish. Said
26 individual shall within 5 days after the landing of the fish
27 submit a form to the commission department which indicates the
28 length, weight, and physical condition of the tarpon when
29 caught; the date and location of where the fish was caught;
30 and any other pertinent information which may be required by
31 the commission department. The commission department may
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1 refuse to issue new tags to individuals or guides who fail to
2 provide the required information.
3 (5) Any individual including a taxidermist who
4 possesses a tarpon which does not have a tag securely attached
5 as required by this section shall be subject to penalties as
6 prescribed in s. 370.021. Provided, however, a taxidermist may
7 remove the tag during the process of mounting a tarpon. The
8 removed tag shall remain with the fish during any subsequent
9 storage or shipment.
10 (6) Purchase of a tarpon tag shall not accord the
11 purchaser any right to harvest or possess tarpon in
12 contravention of rules adopted by the Marine Fisheries
13 commission. No individual may sell, offer for sale, barter,
14 exchange for merchandise, transport for sale, either within or
15 without the state, offer to purchase, or purchase any species
16 of fish known as tarpon.
17 (7) The commission department shall prescribe and
18 provide suitable forms and tags necessary to carry out the
19 provisions of this section.
20 (8) The provisions of this section shall not apply to
21 anyone who immediately returns a tarpon uninjured to the water
22 at the place where the fish was caught.
23 (9) All tag fees collected by the Game and Fresh Water
24 Fish commission shall be transferred to the Marine Resources
25 Conservation Trust Fund within 7 days following the last
26 business day of the week in which the fees were received by
27 the Game and Fresh Water Fish commission.
28 Section 75. Section 370.063, Florida Statutes, is
29 amended to read:
30 370.063 Special recreational crawfish license.--There
31 is created a special recreational crawfish license, to be
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1 issued to qualified persons as provided by this section for
2 the recreational harvest of crawfish (spiny lobster) beginning
3 August 5, 1994.
4 (1) The special recreational crawfish license shall be
5 available to any individual crawfish trap number holder who
6 also possesses a saltwater products license during the
7 1993-1994 license year. For the 1994-1995 license year and
8 for each license year thereafter, a person issued a special
9 recreational crawfish license may not also possess a trap
10 number.
11 (2) Beginning August 5, 1994, the special recreational
12 crawfish license is required in order to harvest crawfish from
13 state territorial waters in quantities in excess of the
14 regular recreational bag limit but not in excess of a special
15 bag limit to be established by the Marine Fisheries Commission
16 for these harvesters before the 1994-1995 license year. Such
17 special bag limit does not apply during the 2-day sport season
18 established by the Fish and Wildlife Conservation Commission
19 commission.
20 (3) The holder of a special recreational crawfish
21 license must also possess the recreational crawfish stamp
22 required by s. 370.14(11) and the license required by s.
23 370.0605.
24 (4) As a condition precedent to the issuance of a
25 special recreational crawfish license, the applicant must
26 agree to file quarterly reports with the Division of Marine
27 Resources of the Fish and Wildlife Conservation Commission
28 Department of Environmental Protection, in such form as the
29 division requires, detailing the amount of the licenseholder's
30 crawfish (spiny lobster) harvest in the previous quarter,
31
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1 including the harvest of other recreational harvesters aboard
2 the licenseholder's vessel.
3 (5) The Fish and Wildlife Conservation Commission
4 Department of Environmental Protection shall issue special
5 recreational crawfish licenses beginning in 1994 for the
6 1994-1995 license year. The fee for each such license is $100
7 per year. Each license issued in any 1994 for the 1994-1995
8 license year must be renewed by June 30 of each subsequent
9 year by the initial individual holder thereof. Noncompliance
10 with the reporting requirement in subsection (4) or with the
11 special recreational bag limit established under subsection
12 (6) constitutes grounds for which the commission department
13 may refuse to renew the license for a subsequent license year.
14 The number of such licenses outstanding in any one license
15 year may not exceed the number issued for the 1994-1995
16 license year. A license is not transferable by any method.
17 Licenses that are not renewed expire and may be reissued by
18 the commission in the subsequent department beginning in the
19 1995-1996 license year to new applicants otherwise qualified
20 under this section.
21 (6) To promote conservation of the spiny lobster
22 (crawfish) resource, consistent with equitable distribution
23 and availability of the resource, the Marine Fisheries
24 commission shall establish a spiny lobster management plan
25 incorporating the special recreational crawfish license,
26 including, but not limited to, the establishment of a special
27 recreational bag limit for the holders of such license as
28 required by subsection (2). Such special recreational bag
29 limit must not be less than twice the higher of the daily
30 recreational bag limits.
31
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1 (7) The proceeds of the fees collected under this
2 section must be deposited in the Marine Resources Conservation
3 Trust Fund and used as follows:
4 (a) Thirty-five percent for research and the
5 development of reliable recreational catch statistics for the
6 crawfish (spiny lobster) fishery.
7 (b) Sixty-five Forty-five percent to be used by the
8 Department of Environmental Protection for administration and
9 enforcement of this section.
10 (c) Twenty percent to be used by the Marine Fisheries
11 Commission for the purposes of this section.
12 (8) The Department of Environmental Protection may
13 adopt rules to carry out the purpose and intent of the special
14 recreational lobster license program.
15 Section 76. Subsection (2) of section 370.0805,
16 Florida Statutes, 1998 Supplement, is amended to read:
17 370.0805 Net ban assistance program.--
18 (2) ELIGIBILITY FOR ECONOMIC ASSISTANCE.--The
19 Department of Labor and Employment Security shall determine
20 the eligibility of applicants for economic assistance under
21 this section.
22 (a) Any person who has been convicted of more than two
23 violations of any rule of the Fish and Wildlife Conservation
24 Marine Fisheries Commission or of any provision of this
25 chapter in any single license year since 1991, or of more than
26 four such violations from the period of 1991 through 1995,
27 inclusive, shall not be eligible for economic assistance under
28 this section.
29 (b) Only a person who was a resident of this state on
30 November 8, 1994, is eligible to receive, or designate another
31 resident to receive, economic assistance under this section.
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1 Section 77. Subsection (3) and paragraphs (e) and (h)
2 of subsection (4) of section 370.081, Florida Statutes, 1998
3 Supplement, is amended to read:
4 370.081 Illegal importation or possession of
5 nonindigenous marine plants and animals; rules and
6 regulations.--
7 (3) The Fish and Wildlife Conservation Commission
8 department is authorized to adopt, pursuant to chapter 120,
9 rules and regulations to include any additional marine plant
10 or marine animal which may endanger or infect the marine
11 resources of the state or pose a human health hazard.
12 (4) A zoological park and aquarium may import sea
13 snakes of the family Hydrophiidae for exhibition purposes,
14 only under the following conditions:
15 (e) Each zoological park and aquarium possessing sea
16 snakes shall post with the department a $1 million letter of
17 credit. The letter of credit shall be in favor of the State of
18 Florida, Fish and Wildlife Conservation Commission Department
19 of Environmental Protection, for use by the commission
20 department to remove any sea snake accidentally or
21 intentionally introduced into waters of the state. The letter
22 of credit shall be written in the form determined by the
23 commission department. The letter of credit shall provide that
24 the zoological park and aquarium is responsible for the sea
25 snakes within that facility and shall be in effect at all
26 times that the zoological park and aquarium possesses sea
27 snakes.
28 (h) A zoological park and aquarium possessing sea
29 snakes shall abide by all statutory and regulatory
30 requirements of the Fish and Wildlife Conservation Game and
31 Fresh Water Fish Commission with respect to venomous reptiles.
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1 Section 78. Subsections (3), (4), and (5) of section
2 370.092, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 370.092 Carriage of proscribed nets across Florida
5 waters.--
6 (3) Notwithstanding subsections (1) and (2), unless
7 authorized by rule of the Fish and Wildlife Conservation
8 Marine Fisheries Commission, it is a major violation under
9 this section, punishable as provided in subsection (4), for
10 any person, firm, or corporation to possess any gill or
11 entangling net, or any seine net larger than 500 square feet
12 in mesh area, on any airboat or on any other vessel less than
13 22 feet in length and on any vessel less than 25 feet if
14 primary power of the vessel is mounted forward of the vessel
15 center point. Gill or entangling nets shall be as defined in
16 s. 16, Art. X of the State Constitution, s. 370.093(2)(b), or
17 in a rule of the Fish and Wildlife Conservation Marine
18 Fisheries Commission implementing s. 16, Art. X of the State
19 Constitution. Vessel length shall be determined in accordance
20 with current United States Coast Guard regulations specified
21 in the Code of Federal Regulations or as titled by the State
22 of Florida. The Marine Fisheries Commission is directed to
23 initiate by July 1, 1998, rulemaking to adjust by rule the use
24 of gear on vessels longer than 22 feet where the primary power
25 of the vessel is mounted forward of the vessel center point in
26 order to prevent the illegal use of gill and entangling nets
27 in state waters and to provide reasonable opportunities for
28 the use of legal net gear in adjacent federal waters.
29 (4) The Fish and Wildlife Conservation Marine
30 Fisheries Commission shall adopt rules to prohibit the
31 possession and sale of mullet taken in illegal gill or
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1 entangling nets. Violations of such rules shall be punishable
2 as provided in subsection (4).
3 (5) The commission department has authority to adopt
4 rules pursuant to ss. 120.536(1) and 120.54 to implement the
5 provisions of this section.
6 Section 79. Paragraph (a) of subsection (2) and
7 subsection (6) of section 370.093, Florida Statutes, 1998
8 Supplement, are amended to read:
9 370.093 Illegal use of nets.--
10 (2)(a) Beginning July 1, 1998, it is also unlawful to
11 take or harvest, or to attempt to take or harvest, any marine
12 life in Florida waters with any net, as defined in subsection
13 (3) and any attachments to such net, that combined are larger
14 than 500 square feet and have not been expressly authorized
15 for such use by rule of the Fish and Wildlife Conservation
16 Marine Fisheries Commission under s. 370.027. The use of
17 currently legal shrimp trawls and purse seines outside
18 nearshore and inshore Florida waters shall continue to be
19 legal until the commission implements rules regulating those
20 types of gear.
21 (6) The Marine Fisheries Commission is granted
22 authority to adopt rules pursuant to ss. 370.025 and 370.027
23 implementing this section and the prohibitions and
24 restrictions of s. 16, Art. X of the State Constitution.
25 Section 80. Section 370.1107, Florida Statutes, is
26 amended to read:
27 370.1107 Definition; possession of certain licensed
28 traps prohibited; penalties; exceptions; consent.--
29 (1) As used in this section, the term "licensed
30 saltwater fisheries trap" means any trap required to be
31 licensed by the Fish and Wildlife Conservation Commission
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1 Department of Environmental Protection and authorized pursuant
2 to this chapter or by the Florida Marine Fisheries commission
3 for the taking of saltwater products.
4 (2) It is unlawful for any person, firm, corporation,
5 or association to be in actual or constructive possession of a
6 licensed saltwater fisheries trap registered with the Fish and
7 Wildlife Conservation Commission Department of Environmental
8 Protection in another person's, firm's, corporation's, or
9 association's name.
10 (a) Unlawful possession of less than three licensed
11 saltwater fisheries traps is a misdemeanor of the first
12 degree, punishable as provided in s. 775.082 or s. 775.083.
13 (b) Unlawful possession of three or more licensed
14 saltwater fisheries traps is a felony of the third degree,
15 punishable as provided in s. 775.082 or s. 775.083.
16 (c) Upon the arrest and conviction for violation of
17 this section, any licenseholder shall show just cause why his
18 or her license shall not be suspended or permanently revoked.
19 (3) This section shall not apply to the agents or
20 employees of the registered owner of the licensed saltwater
21 fisheries trap or to a person, firm, corporation or
22 association who has the written consent from the owner of the
23 licensed saltwater fisheries trap, to possess such licensed
24 saltwater fisheries trap, or to agents or employees of the
25 Fish and Wildlife Conservation Commission Department of
26 Environmental Protection who are engaged in the removal of
27 traps during the closed season.
28 (4) The registered owner of the licensed saltwater
29 fisheries trap shall provide the Fish and Wildlife
30 Conservation Commission Department of Environmental Protection
31 with the names of any agents, employees, or any other person,
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1 firm, company, or association to whom the registered owner has
2 given consent to possess said licensed saltwater fisheries
3 trap.
4 Section 81. Section 370.1111, Florida Statutes, is
5 amended to read:
6 370.1111 Snook; regulation.--
7 (1)(a) In addition to licenses required by s.
8 370.0605, any person who takes and possesses any snook from
9 any waters of the state must have a snook permit. The permit
10 remains valid for 12 months after the date of issuance. The
11 cost of each snook permit is $2. Each snook permit issued
12 pursuant to this section is valid only during the times
13 established by law for the taking of snook. The Fish and
14 Wildlife Conservation Game and Fresh Water Fish Commission,
15 any tax collector, or any appointed subagent may sell the
16 permit and collect the fees therefor.
17 (b) The intent of paragraph (a) is to expand research
18 and management to increase snook populations in the state
19 without detracting from other programs. Moneys generated from
20 snook permits shall be used exclusively for programs to
21 benefit snook populations.
22 (c) All permit fees collected by the Fish and Wildlife
23 Conservation Game and Fresh Water Fish Commission shall be
24 transferred to the Marine Resources Conservation Trust Fund
25 within 7 days following the last business day of the week in
26 which the fees were received by the Fish and Wildlife
27 Conservation Game and Fresh Water Fish Commission.
28 (2) The commission department may periodically conduct
29 competitions to select a designer of the snook stamp. Also,
30 the commission department may enhance revenues from the sale
31
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1 of snook stamps by issuing special editions for stamp
2 collectors and other such special purposes.
3 Section 82. Section 370.12, Florida Statutes, 1998
4 Supplement, is amended to read:
5 370.12 Marine animals; regulation.--
6 (1) PROTECTION OF MARINE TURTLES.--
7 (a) This subsection may be cited as the "Marine Turtle
8 Protection Act."
9 (b) The Legislature intends, pursuant to the
10 provisions of this subsection, to ensure that the Fish and
11 Wildlife Conservation Commission Department of Environmental
12 Protection has the appropriate authority and resources to
13 implement its responsibilities under the recovery plans of the
14 United States Fish and Wildlife Service for the following
15 species of marine turtle:
16 1. Atlantic loggerhead turtle (Caretta caretta
17 caretta).
18 2. Atlantic green turtle (Chelonis mydas mydas).
19 3. Leatherback turtle (Dermochelys coriacea).
20 4. Atlantic hawksbill turtle (Eretmochelys imbricata
21 imbricata).
22 5. Atlantic ridley turtle (Lepidochelys kempi).
23 (c)1. Unless otherwise provided by the federal
24 Endangered Species Act or its implementing regulations, no
25 person may take, possess, disturb, mutilate, destroy, cause to
26 be destroyed, sell, offer for sale, transfer, molest, or
27 harass any marine turtle or its nest or eggs at any time. For
28 purposes of this subsection, "take" means an act which
29 actually kills or injures marine turtles, and includes
30 significant habitat modification or degradation that kills or
31
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1 injures marine turtles by significantly impairing essential
2 behavioral patterns, such as breeding, feeding, or sheltering.
3 2. Unless otherwise provided by the federal Endangered
4 Species Act or its implementing regulations, no person, firm,
5 or corporation may take, kill, disturb, mutilate, molest,
6 harass, or destroy any marine turtle.
7 3. No person, firm, or corporation may possess any
8 marine turtle, their nests, eggs, hatchlings, or parts thereof
9 unless it is in possession of a special permit or loan
10 agreement from the department enabling the holder to possess a
11 marine turtle or parts thereof for scientific, educational, or
12 exhibitional purposes, or for conservation activities such as
13 relocating nests, eggs, or animals away from construction
14 sites. Notwithstanding any other provisions of general or
15 special law to the contrary, the commission department may
16 issue such authorization to any properly accredited person for
17 the purpose of marine turtle conservation upon such terms,
18 conditions, and restrictions as it may prescribe by rule. The
19 commission department shall have the authority to adopt rules
20 to permit the possession of marine turtles pursuant to this
21 paragraph. For the purposes of this subsection, a "properly
22 accredited person" is defined as:
23 a. Students of colleges or universities whose studies
24 with saltwater animals are under the direction of their
25 teacher or professor;
26 b. Scientific or technical faculty of public or
27 private colleges or universities;
28 c. Scientific or technical employees of private
29 research institutions and consulting firms;
30 d. Scientific or technical employees of city, county,
31 state, or federal research or regulatory agencies;
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1 e. Members in good standing or recognized and properly
2 chartered conservation organizations, the Audubon Society, or
3 the Sierra Club;
4 f. Persons affiliated with aquarium facilities or
5 museums, or contracted as an agent therefor, which are open to
6 the public with or without an admission fee; or
7 g. Persons without specific affiliations listed above,
8 but who are recognized by the commission department for their
9 contributions to marine conservation such as scientific or
10 technical publications, or through a history of cooperation
11 with the commission department in conservation programs such
12 as turtle nesting surveys, or through advanced educational
13 programs such as high school marine science centers.
14 (d) Any application for a Department of Environmental
15 Protection department permit or other type of approval for an
16 activity that affects marine turtles or their nests or habitat
17 shall be subject to conditions and requirements for marine
18 turtle protection as part of the permitting or approval
19 process.
20 (e) The department may condition the nature, timing,
21 and sequence of construction of permitted activities to
22 provide protection to nesting marine turtles and hatchlings
23 and their habitat pursuant to the provisions of s. 161.053(5).
24 When the department is considering a permit for a beach
25 restoration, beach renourishment, or inlet sand transfer
26 project and the applicant has had an active marine turtle nest
27 relocation program or the applicant has agreed to and has the
28 ability to administer a program, the department must not
29 restrict the timing of the project. Where appropriate, the
30 department, in accordance with the applicable rules of the
31 Fish and Wildlife Conservation Commission, shall require as a
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1 condition of the permit that the applicant relocate and
2 monitor all turtle nests that would be affected by the beach
3 restoration, beach renourishment, or sand transfer activities.
4 Such relocation and monitoring activities shall be conducted
5 in a manner that ensures successful hatching. This limitation
6 on the department's authority applies only on the Atlantic
7 coast of Florida.
8 (f) The department shall recommend denial of a permit
9 application if the activity would result in a "take" as
10 defined in this subsection, unless, as provided for in the
11 federal Endangered Species Act and its implementing
12 regulations, such taking is incidental to, and not the purpose
13 of, the carrying out of an otherwise lawful activity.
14 (g) The department shall give special consideration to
15 beach preservation and beach nourishment projects that restore
16 habitat of endangered marine turtle species. Nest relocation
17 shall be considered for all such projects in urbanized areas.
18 When an applicant for a beach restoration, beach
19 renourishment, or inlet sand transfer project has had an
20 active marine turtle nest relocation program or the applicant
21 has agreed to have and has the ability to administer a
22 program, the department in issuing a permit for a project must
23 not restrict the timing of the project. Where appropriate,
24 the department, in accordance with the applicable rules of the
25 Fish and Wildlife Conservation Commission, shall require as a
26 condition of the permit that the applicant relocate and
27 monitor all turtle nests that would be affected by the beach
28 restoration, beach renourishment, or sand transfer activities.
29 Such relocation and monitoring activities shall be conducted
30 in a manner that ensures successful hatching. This limitation
31
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1 on the department's authority applies only on the Atlantic
2 coast of Florida.
3 (h) The Fish and Wildlife Conservation Commission
4 department shall provide grants to coastal local governments,
5 educational institutions, and Florida-based nonprofit
6 organizations to conduct marine turtle research, conservation,
7 and education activities within the state. The commission
8 department shall adopt by rule procedures for submitting grant
9 applications and criteria for allocating available funds. The
10 criteria must include the scope of the proposed activity, the
11 relevance of the proposed activity to the recovery plans for
12 marine turtles, the demand and public support for the proposed
13 activity, the duration of the proposed activity, the
14 availability of alternative funding, and the estimated cost of
15 the activity. The executive director secretary of the
16 commission department shall appoint a committee of at least
17 five members, including at least two nongovernmental
18 representatives, to consider and choose grant recipients from
19 proposals submitted by eligible entities. Committee members
20 shall not receive any compensation from the commission
21 department.
22 (2) PROTECTION OF MANATEES OR SEA COWS.--
23 (a) This subsection shall be known and may be cited as
24 the "Florida Manatee Sanctuary Act."
25 (b) The State of Florida is hereby declared to be a
26 refuge and sanctuary for the manatee, the "Florida state
27 marine mammal."
28 (c) Whenever the Fish and Wildlife Conservation
29 Commission department is satisfied that the interest of
30 science will be subserved, and that the application for a
31 permit to possess a manatee or sea cow (Trichechus manatus) is
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1 for a scientific or propagational purpose and should be
2 granted, and after concurrence by the United States Department
3 of the Interior, the Division of Marine Resources may grant to
4 any person making such application a special permit to possess
5 a manatee or sea cow, which permit shall specify the exact
6 number which shall be maintained in captivity.
7 (d) Except as may be authorized by the terms of a
8 valid state permit issued pursuant to paragraph (c) or by the
9 terms of a valid federal permit, it is unlawful for any person
10 at any time, by any means, or in any manner intentionally or
11 negligently to annoy, molest, harass, or disturb or attempt to
12 molest, harass, or disturb any manatee; injure or harm or
13 attempt to injure or harm any manatee; capture or collect or
14 attempt to capture or collect any manatee; pursue, hunt,
15 wound, or kill or attempt to pursue, hunt, wound, or kill any
16 manatee; or possess, literally or constructively, any manatee
17 or any part of any manatee.
18 (e) Any gun, net, trap, spear, harpoon, boat of any
19 kind, aircraft, automobile of any kind, other motorized
20 vehicle, chemical, explosive, electrical equipment, scuba or
21 other subaquatic gear, or other instrument, device, or
22 apparatus of any kind or description used in violation of any
23 provision of paragraph (d) may be forfeited upon conviction.
24 The foregoing provisions relating to seizure and forfeiture of
25 vehicles, vessels, equipment, or supplies do not apply when
26 such vehicles, vessels, equipment, or supplies are owned by,
27 or titled in the name of, innocent parties; and such
28 provisions shall not vitiate any valid lien, retain title
29 contract, or chattel mortgage on such vehicles, vessels,
30 equipment, or supplies if such lien, retain title contract, or
31
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1 chattel mortgage is property of public record at the time of
2 the seizure.
3 (f) In order to protect manatees or sea cows from
4 harmful collisions with motorboats or from harassment, the
5 Fish and Wildlife Conservation Commission Department of
6 Environmental Protection shall adopt rules under chapter 120
7 regarding the expansion of existing, or construction of new,
8 marine facilities and mooring or docking slips, by the
9 addition or construction of five or more powerboat slips, and
10 regulating the operation and speed of motorboat traffic, only
11 where manatee sightings are frequent and it can be generally
12 assumed, based on available scientific information, that they
13 inhabit these areas on a regular or continuous basis:
14 1. In Lee County: the entire Orange River, including
15 the Tice Florida Power and Light Corporation discharge canal
16 and adjoining waters of the Caloosahatchee River within 1 mile
17 of the confluence of the Orange and Caloosahatchee Rivers.
18 2. In Brevard County: those portions of the Indian
19 River within three-fourths of a mile of the Orlando Utilities
20 Commission Delespine power plant effluent and the Florida
21 Power and Light Frontenac power plant effluents.
22 3. In Indian River County: the discharge canals of the
23 Vero Beach Municipal Power Plant and connecting waters within
24 1 1/4 miles thereof.
25 4. In St. Lucie County: the discharge of the Henry D.
26 King Municipal Electric Station and connecting waters within 1
27 mile thereof.
28 5. In Palm Beach County: the discharges of the Florida
29 Power and Light Riviera Beach power plant and connecting
30 waters within 1 1/2 miles thereof.
31
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1 6. In Broward County: the discharge canal of the
2 Florida Power and Light Port Everglades power plant and
3 connecting waters within 1 1/2 miles thereof and the
4 discharge canal of the Florida Power and Light Fort Lauderdale
5 power plant and connecting waters within 2 miles thereof. For
6 purposes of ensuring the physical safety of boaters in a
7 sometimes turbulent area, the area from the easternmost edge
8 of the authorized navigation project of the intracoastal
9 waterway east through the Port Everglades Inlet is excluded
10 from this regulatory zone.
11 7. In Citrus County: headwaters of the Crystal River,
12 commonly referred to as King's Bay, and the Homosassa River.
13 8. In Volusia County: Blue Springs Run and connecting
14 waters of the St. Johns River within 1 mile of the confluence
15 of Blue Springs and the St. Johns River; and Thompson Creek,
16 Strickland Creek, Dodson Creek, and the Tomoka River.
17 9. In Hillsborough County: that portion of the Alafia
18 River from the main shipping channel in Tampa Bay to U.S.
19 Highway 41.
20 10. In Sarasota County: the Venice Inlet and
21 connecting waters within 1 mile thereof, including Lyons Bay,
22 Donna Bay, Roberts Bay, and Hatchett Creek, excluding the
23 waters of the intracoastal waterway and the right-of-way
24 bordering the centerline of the intracoastal waterway.
25 11. In Collier County: within the Port of Islands,
26 within section 9, township 52 south, range 28 east, and
27 certain unsurveyed lands, all east-west canals and the
28 north-south canals to the southerly extent of the intersecting
29 east-west canals which lie southerly of the centerline of U.S.
30 Highway 41.
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1 12. In Manatee County: that portion of the Manatee
2 River east of the west line of section 17, range 19 east,
3 township 34 south; the Braden River south of the north line
4 and east of the west line of section 29, range 18 east,
5 township 34 south; Terra Ceia Bay and River, east of the west
6 line of sections 26 and 35 of range 17 east, township 33
7 south, and east of the west line of section 2, range 17 east,
8 township 34 south; and Bishop Harbor east of the west line of
9 section 13, range 17 east, township 33 south.
10 13. In Dade County: those portions of Black Creek
11 lying south and east of the water control dam, including all
12 boat basins and connecting canals within 1 mile of the dam.
13 (g) The Fish and Wildlife Conservation Commission
14 Department of Environmental Protection shall adopt rules
15 regulating the operation and speed of motorboat traffic only
16 where manatee sightings are frequent and it can be generally
17 assumed that they inhabit these areas on a regular or
18 continuous basis within that portion of the Indian River
19 between the St. Lucie Inlet in Martin County and the Jupiter
20 Inlet in Palm Beach County. In addition, the commission
21 department shall adopt rules regulating the operation and
22 speed of motorboat traffic only where manatee sightings are
23 frequent and it can be generally assumed that they inhabit
24 these areas on a regular or continuous basis within the
25 Loxahatchee River in Palm Beach and Martin Counties, including
26 the north and southwest forks thereof. A limited lane or
27 corridor providing for reasonable motorboat speeds may be
28 identified and designated within this area.
29 (h) The commission department shall adopt rules
30 regulating the operation and speed of motorboat traffic only
31 where manatee sightings are frequent and it can be generally
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1 assumed that they inhabit these areas on a regular or
2 continuous basis within the Withlacoochee River and its
3 tributaries in Citrus and Levy Counties. The specific areas
4 to be regulated include the Withlacoochee River and the U.S.
5 19 bridge westward to a line between U.S. Coast Guard markers
6 number 33 and number 34 at the mouth of the river, including
7 all side channels and coves along that portion of the river;
8 Bennets' Creek from its beginning to its confluence with the
9 Withlacoochee River; Bird's Creek from its beginning to its
10 confluence with the Withlacoochee River; and the two dredged
11 canal systems on the north side of the Withlacoochee River
12 southwest of Yankeetown. A limited lane or corridor providing
13 for reasonable motorboat speeds may be identified and
14 designated within this area.
15 (i) If any new power plant is constructed or other
16 source of warm water discharge is discovered within the state
17 which attracts a concentration of manatees or sea cows, the
18 Fish and Wildlife Conservation Commission Department of
19 Environmental Protection is directed to adopt rules regulating
20 the operation and speed of motorboat traffic within the area
21 of such discharge. Such rules shall designate a zone which is
22 sufficient in size, and which shall remain in effect for a
23 sufficient period of time, to protect the manatees or sea
24 cows.
25 (j) It is the intent of the Legislature through
26 adoption of this paragraph to allow the Fish and Wildlife
27 Conservation Commission Department of Environmental Protection
28 to post and regulate boat speeds only where manatee sightings
29 are frequent and it can be generally assumed that they inhabit
30 these areas on a regular or continuous basis. It is not the
31 intent of the Legislature to permit the commission department
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1 to post and regulate boat speeds generally in the
2 above-described inlets, bays, rivers, creeks, thereby unduly
3 interfering with the rights of fishers, boaters, and water
4 skiers using the areas for recreational and commercial
5 purposes. Limited lanes or corridors providing for reasonable
6 motorboat speeds may be identified and designated within these
7 areas.
8 (k) The commission department shall adopt rules
9 regulating the operation and speed of motorboat traffic all
10 year around within Turkey Creek and its tributaries and within
11 Manatee Cove in Brevard County. The specific areas to be
12 regulated consist of:
13 1. A body of water which starts at Melbourne-Tillman
14 Drainage District structure MS-1, section 35, township 28
15 south, range 37 east, running east to include all natural
16 waters and tributaries of Turkey Creek, section 26, township
17 28 south, range 37 east, to the confluence of Turkey Creek and
18 the Indian River, section 24, township 28 south, range 37
19 east, including all lagoon waters of the Indian River bordered
20 on the west by Palm Bay Point, the north by Castaway Point,
21 the east by the four immediate spoil islands, and the south by
22 Cape Malabar, thence northward along the shoreline of the
23 Indian River to Palm Bay Point.
24 2. A triangle-shaped body of water forming a cove
25 (commonly referred to as Manatee Cove) on the east side of the
26 Banana River, with northern boundaries beginning and running
27 parallel to the east-west cement bulkhead located 870 feet
28 south of SR 520 Relief Bridge in Cocoa Beach and with western
29 boundaries running in line with the City of Cocoa Beach
30 channel markers 121 and 127 and all waters east of these
31 boundaries in section 34, township 24 south, range 37 east;
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1 the center coordinates of this cove are 28°20'14" north,
2 80°35'17" west.
3 (l) The Legislature recognizes that, while the manatee
4 or sea cow is designated a marine mammal by federal law, many
5 of the warm water wintering areas are in freshwater springs
6 and rivers which are under the primary state law enforcement
7 jurisdiction of the Fish and Wildlife Conservation Commission.
8 Florida Game and Fresh Water Fish Commission. The law
9 enforcement provisions of this section shall be carried out
10 jointly by the department and the commission, with the
11 department serving as the lead agency. The specific areas of
12 jurisdictional responsibility are to be established between
13 the department and the commission by interagency agreement.
14 (m) The commission department shall promulgate
15 regulations relating to the operation and speed of motor boat
16 traffic in port waters with due regard to the safety
17 requirements of such traffic and the navigational hazards
18 related to the movement of commercial vessels.
19 (n) The commission department may designate by rule
20 other portions of state waters where manatees are frequently
21 sighted and it can be assumed that manatees inhabit such
22 waters periodically or continuously. Upon designation of such
23 waters, the commission department shall adopt rules to
24 regulate motorboat speed and operation which are necessary to
25 protect manatees from harmful collisions with motorboats and
26 from harassment. The commission department may adopt rules to
27 protect manatee habitat, such as seagrass beds, within such
28 waters from destruction by boats or other human activity.
29 Such rules shall not protect noxious aquatic plants subject to
30 control under s. 369.20.
31
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1 (o) The commission department may designate, by rule,
2 limited areas as a safe haven for manatees to rest, feed,
3 reproduce, give birth, or nurse undisturbed by human activity.
4 Access by motor boat to private residences, boat houses, and
5 boat docks through these areas by residents, and their
6 authorized guests, who must cross one of these areas to have
7 water access to their property is permitted when the motorboat
8 is operated at idle speed, no wake.
9 (p) Except in the marked navigation channel of the
10 Florida Intracoastal Waterway as defined in s. 327.02 and the
11 area within 100 feet of such channel, a local government may
12 regulate, by ordinance, motorboat speed and operation on
13 waters within its jurisdiction where manatees are frequently
14 sighted and can be generally assumed to inhabit periodically
15 or continuously. However, such an ordinance may not take
16 effect until it has been reviewed and approved by the
17 commission department. If the commission department and a
18 local government disagree on the provisions of an ordinance, a
19 local manatee protection committee must be formed to review
20 the technical data of the commission department and the United
21 States Fish and Wildlife Service, and to resolve conflicts
22 regarding the ordinance. The manatee protection committee must
23 be comprised of:
24 1. A representative of the commission department;
25 2. A representative of the county;
26 3. A representative of the United States Fish and
27 Wildlife Service;
28 4. A representative of a local marine-related
29 business;
30 5. A representative of the Save the Manatee Club;
31 6. A local fisher;
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1 7. An affected property owner; and
2 8. A representative of the Florida Marine Patrol.
3
4 If local and state regulations are established for the same
5 area, the more restrictive regulation shall prevail.
6 (q) The commission department shall evaluate the need
7 for use of fenders to prevent crushing of manatees between
8 vessels (100' or larger) and bulkheads or wharves in counties
9 where manatees have been crushed by such vessels. For areas
10 in counties where evidence indicates that manatees have been
11 crushed between vessels and bulkheads or wharves, the
12 commission department shall:
13 1. Adopt rules requiring use of fenders for
14 construction of future bulkheads or wharves; and
15 2. Implement a plan and time schedule to require
16 retrofitting of existing bulkheads or wharves consistent with
17 port bulkhead or wharf repair or replacement schedules.
18
19 The fenders shall provide sufficient standoff from the
20 bulkhead or wharf under maximum operational compression to
21 ensure that manatees cannot be crushed between the vessel and
22 the bulkhead or wharf.
23 (r) Any violation of a restricted area established by
24 this subsection, or established by rule or ordinance pursuant
25 to this subsection, shall be considered a violation of the
26 boating laws of this state and shall be charged on a uniform
27 boating citation as provided in s. 327.74, except as otherwise
28 provided in paragraph (s). Any person who refuses to post a
29 bond or accept and sign a uniform boating citation shall, as
30 provided in s. 327.73(3), be guilty of a misdemeanor of the
31
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1 second degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 (s) Except as otherwise provided in this paragraph,
4 any person violating the provisions of this subsection or any
5 rule or ordinance adopted pursuant to this subsection shall be
6 guilty of a misdemeanor, punishable as provided in s.
7 370.021(1)(a) or (b) s. 370.021(2)(a) or (b).
8 1. Any person operating a vessel in excess of a posted
9 speed limit shall be guilty of a civil infraction, punishable
10 as provided in s. 327.73, except as provided in subparagraph
11 2.
12 2. This paragraph does not apply to persons violating
13 restrictions governing "No Entry" zones or "Motorboat
14 Prohibited" zones, who, if convicted, shall be guilty of a
15 misdemeanor, punishable as provided in s. 370.021(1)(a) or (b)
16 s. 370.021(2)(a) or (b), or, if such violation demonstrates
17 blatant or willful action, may be found guilty of harassment
18 as described in paragraph (d).
19 (3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It
20 is unlawful to catch, attempt to catch, molest, injure, kill,
21 or annoy, or otherwise interfere with the normal activity and
22 well-being of, mammalian dolphins (porpoises), except as may
23 be authorized as a federal permit.
24 (4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
25 (a) Each fiscal year the Save the Manatee Trust Fund
26 shall be available to fund an impartial scientific benchmark
27 census of the manatee population in the state. Weather
28 permitting, the study shall be conducted annually by the Fish
29 and Wildlife Conservation Commission Department of
30 Environmental Protection and the results shall be made
31 available to the President of the Senate, the Speaker of the
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1 House of Representatives, and the Governor and Cabinet for use
2 in the evaluation and development of manatee protection
3 measures. In addition, the Save the Manatee Trust Fund shall
4 be available for annual funding of activities of public and
5 private organizations and those of the commission department
6 intended to provide manatee and marine mammal protection and
7 recovery effort; manufacture and erection of informational and
8 regulatory signs; production, publication, and distribution of
9 educational materials; participation in manatee and marine
10 mammal research programs, including carcass salvage and other
11 programs; programs intended to assist the recovery of the
12 manatee as an endangered species, assist the recovery of the
13 endangered or threatened marine mammals, and prevent the
14 endangerment of other species of marine mammals; and other
15 similar programs intended to protect and enhance the recovery
16 of the manatee and other species of marine mammals. The
17 commission department shall annually solicit advisory
18 recommendations from the Save the Manatee Committee affiliated
19 with the Save the Manatee Club, as identified and recognized
20 in Executive Order 85-19, on the use of funds from the Save
21 the Manatee Trust Fund.
22 (b) Each fiscal year moneys in the Save the Manatee
23 Trust Fund shall also be used, pursuant to s. 327.28(1)(b), to
24 reimburse the cost of activities related to manatee
25 rehabilitation by facilities that rescue, rehabilitate, and
26 release manatees as authorized pursuant to the Fish and
27 Wildlife Service of the United States Department of the
28 Interior. Such facilities must be involved in the actual
29 rescue and full-time acute care veterinarian-based
30 rehabilitation of manatees. The cost of activities includes,
31 but is not limited to, costs associated with expansion,
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1 capital outlay, repair, maintenance, and operations related to
2 the rescue, treatment, stabilization, maintenance, release,
3 and monitoring of manatees. Moneys distributed through
4 contractual agreement to each facility for manatee
5 rehabilitation shall be proportionate to the number of
6 manatees under acute care rehabilitation and those released
7 during the previous fiscal year. However, the reimbursement
8 may not exceed the total amount available pursuant to ss.
9 327.25(7) and 327.28(1)(b) for the purposes provided in this
10 paragraph. Prior to receiving reimbursement for the expenses
11 of rescue, rehabilitation, and release, a facility that
12 qualifies under state and federal regulations shall submit a
13 plan to the Fish and Wildlife Conservation Commission
14 Department of Environmental Protection for assisting the
15 commission department and the Department of Highway Safety and
16 Motor Vehicles in marketing the manatee specialty license
17 plates. At a minimum, the plan shall include provisions for
18 graphics, dissemination of brochures, recorded oral and visual
19 presentation, and maintenance of a marketing exhibit. The plan
20 shall be updated annually and the Fish and Wildlife
21 Conservation Commission Department of Environmental Protection
22 shall inspect each marketing exhibit at least once each year
23 to ensure the quality of the exhibit and promotional material.
24 Each facility that receives funds for manatee rehabilitation
25 shall annually provide the commission department a written
26 report, within 30 days after the close of the state fiscal
27 year, documenting the efforts and effectiveness of the
28 facility's promotional activities.
29 (c) By December 1 each year, the Fish and Wildlife
30 Conservation Commission Department of Environmental Protection
31 shall provide the President of the Senate and the Speaker of
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1 the House of Representatives a written report, enumerating the
2 amounts and purposes for which all proceeds in the Save the
3 Manatee Trust Fund for the previous fiscal year are expended,
4 in a manner consistent with those recovery tasks enumerated
5 within the manatee recovery plan as required by the Endangered
6 Species Act.
7 (d) When the federal and state governments remove the
8 manatee from status as an endangered or threatened species,
9 the annual allocation may be reduced.
10 Section 83. Subsection (1) of section 370.13, Florida
11 Statutes, 1998 Supplement, is amended to read:
12 370.13 Stone crab; regulation.--
13 (1)(a) It is unlawful for any person, firm, or
14 corporation to catch or have in his or her possession,
15 regardless of where taken, for his or her own use or to sell
16 or offer for sale, any stone crab, or parts thereof, of any
17 size between May 15 and October 15 of each year, except for
18 stone crabs, or parts thereof, placed in inventory prior to
19 May 15 of each year.
20 (b) "Stone crab" means the species Menippe mercenaria
21 or any other species of the family Xanthidae as the Fish and
22 Wildlife Conservation Marine Fisheries Commission may define
23 by rule.
24 Section 84. Section 370.14, Florida Statutes, 1998
25 Supplement, is amended to read:
26 370.14 Crawfish; regulation.--
27 (1) It is the intent of the Legislature to maintain
28 the crawfish industry for the economy of the state and to
29 conserve the stocks supplying this industry. The provisions
30 of this act regulating the taking of saltwater crawfish are
31
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1 for the purposes of ensuring and maintaining the highest
2 possible production of saltwater crawfish.
3 (2)(a) Each trap used for taking or attempting to take
4 crawfish must have a trap number permanently attached to the
5 trap and the buoy. This trap number may be issued by the Fish
6 and Wildlife Conservation Commission Division of Law
7 Enforcement upon the receipt of application by the owner of
8 the traps and accompanied by the payment of a fee of $100. The
9 design of the applications and of the trap number shall be
10 determined by the commission division. However, effective July
11 1, 1988, and until July 1, 1992, no crawfish trap numbers
12 issued pursuant to this section except those numbers that were
13 active during the 1990-1991 fiscal year shall be renewed or
14 reissued. No new trap numbers shall be issued during this
15 period. Until July 1, 1992, trap number holders or members of
16 their immediate family or a person to whom the trap number was
17 transferred in writing must request renewal of the number
18 prior to June 30 of each year. If a person holding an active
19 trap number or a member of the person's immediate family or a
20 person to whom the trap number was transferred in writing does
21 not request renewal of the number before the applicable date
22 as specified above, the commission department may reissue the
23 number to another applicant in the order of the receipt of the
24 application for a trap number. Any trap or device used in
25 taking or attempting to take crawfish, other than a trap with
26 the trap number attached as prescribed in this paragraph,
27 shall be seized and destroyed by the commission division. The
28 proceeds of the fees imposed by this paragraph shall be
29 deposited and used as provided in paragraph (b). The
30 commission Department of Environmental Protection is
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1 authorized to promulgate rules and regulations to carry out
2 the intent of this section.
3 (b) Fees collected pursuant to paragraph (a) shall be
4 deposited as follows:
5 1. Fifty percent of the fees collected shall be
6 deposited in the Marine Resources Conservation Trust Fund for
7 use in enforcing the provisions of paragraph (a) through
8 aerial and other surveillance and trap retrieval.
9 2. Fifty percent of the fees collected shall be
10 deposited as provided in s. 370.142(5).
11 (3) The crawfish license must be on board the boat,
12 and both the license and the harvested crawfish shall be
13 subject to inspection at all times. Only one license shall be
14 issued for each boat. The crawfish license number must be
15 prominently displayed above the topmost portion of the boat so
16 as to be easily and readily identified.
17 (4) It is a felony of the third degree, punishable as
18 provided in s. 775.082 or s. 775.083, for any person willfully
19 to molest any crawfish traps, lines, or buoys belonging to
20 another without permission of the licenseholder.
21 (5) Any crawfish licenseholder, upon selling licensed
22 crawfish traps, shall furnish the commission division notice
23 of such sale of all or part of his or her interest within 15
24 days thereof. Any holder of said license shall also notify
25 the commission division within 15 days if his or her address
26 no longer conforms to the address appearing on the license and
27 shall, as a part of such notification, furnish the commission
28 division with his or her new address.
29 (6) A person who takes more crawfish per boat or per
30 person than that number set therefor by rule of the Fish and
31 Wildlife Conservation Marine Fisheries Commission for
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1 recreational harvesters within any 24-hour period by any
2 method other than with traps or similar devices must also pay
3 a fee of $100 and obtain a trap number to be displayed on his
4 or her boat.
5 (7)(a) By a special permit granted by the commission
6 Division of Law Enforcement, a Florida-licensed seafood dealer
7 may lawfully import, process, and package saltwater crawfish
8 or uncooked tails of the species Panulirus argus during the
9 closed season. However, crawfish landed under special permit
10 shall not be sold in the state.
11 (b) The licensed seafood dealer importing any such
12 crawfish under the permit shall, 12 hours prior to the time
13 the seagoing vessel or airplane delivering such imported
14 crawfish enters the state, notify the commission Division of
15 Law Enforcement as to the seagoing vessel's name or the
16 airplane's registration number and its captain, location, and
17 point of destination.
18 (c) At the time the crawfish cargo is delivered to the
19 permitholder's place of business, the crawfish cargo shall be
20 weighed and shall be available for inspection by the
21 commission Department of Environmental Protection. A signed
22 receipt of such quantity in pounds shall be forwarded to the
23 commission Division of Law Enforcement's local Florida Marine
24 Patrol office within 48 hours after shipment weigh-in
25 completion. If requested by the commission department, the
26 weigh-in process will be delayed up to 4 hours to allow for a
27 commission department representative to be present during the
28 process.
29 (d) Within 48 hours after shipment weigh-in
30 completion, the permitholder shall submit to the commission
31 Division of Law Enforcement, on forms provided by the
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1 commission division, a sworn report of the quantity in pounds
2 of the saltwater crawfish received, which report shall include
3 the location of said crawfish and a sworn statement that said
4 crawfish were taken at least 50 miles from Florida's
5 shoreline. The landing of crawfish or crawfish tails from
6 which the eggs, swimmerettes, or pleopods have been removed;
7 the falsification of information as to area from which
8 crawfish were obtained; or the failure to file the report
9 called for in this section shall be grounds to revoke the
10 permit.
11 (e) Each permitholder shall keep throughout the period
12 of the closed season copies of the bill of sale or invoices
13 covering each transaction involving crawfish imported under
14 this permit. Such invoices and bills shall be kept available
15 at all times for inspection by the commission division.
16 (8)(a) A Florida-licensed seafood dealer may obtain a
17 special permit to import, process, and package uncooked tails
18 of saltwater crawfish upon the payment of the sum of $100 to
19 the commission Division of Law Enforcement.
20 (b) A special permit must be obtained by any airplane
21 or seagoing vessel other than a common carrier used to
22 transport saltwater crawfish or crawfish tails for purchase by
23 licensed seafood dealers for purposes as provided herein upon
24 the payment of $50.
25 (c) All special permits issued under this subsection
26 are nontransferable.
27 (9) No common carrier or employee of said carrier may
28 carry, knowingly receive for carriage, or permit the carriage
29 of any crawfish of the species Panulirus argus, regardless of
30 where taken, during the closed season, except of the species
31 Panulirus argus lawfully imported from a foreign country for
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1 reshipment outside of the territorial limits of the state
2 under United States Customs bond or in accordance with (7)(a)
3 paragraph (8)(a).
4 (10)(a) In addition to licenses required by s.
5 370.0605, any person who takes and possesses any crawfish for
6 recreational purposes from any waters of the state must have a
7 crawfish permit. The permit remains valid for 12 months after
8 the date of issuance. The cost of each crawfish permit shall
9 be $2. Each crawfish permit issued pursuant to this section
10 shall be valid only during the times established by law for
11 the taking of crawfish. The Fish and Wildlife Conservation
12 Game and Fresh Water Fish Commission, any tax collector, or
13 any subagent may sell the permit and collect the fees
14 therefor.
15 (b) The intent of paragraph (a) is to expand research
16 and management to increase crawfish populations in the state
17 without detracting from other programs. Moneys generated from
18 crawfish permits shall be used exclusively for programs to
19 benefit crawfish populations.
20 (c) All permit fees collected by the Fish and Wildlife
21 Conservation Game and Fresh Water Fish Commission shall be
22 transferred to the Marine Resources Conservation Trust Fund
23 within 7 days following the last business day of the week in
24 which the fees were received by the Fish and Wildlife
25 Conservation Game and Fresh Water Fish Commission.
26 (11) The commission department may conduct
27 competitions to periodically select a designer of the crawfish
28 stamp. Also, the commission department may enhance revenues
29 from the sale of crawfish stamps by issuing special editions
30 for stamp collectors and other such special purposes.
31
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1 (12) The 2-day sport season for harvesters of spiny
2 lobster created by the Marine Fisheries Commission pursuant to
3 rule 46-24.005, Florida Administrative Code, is named the "Bob
4 Hector Sport Fishermen's Crawfish Season."
5 Section 85. Subsection (2) of section 370.1405,
6 Florida Statutes, 1998 Supplement, is amended to read:
7 370.1405 Crawfish reports by dealers during closed
8 season required.--
9 (2) Failure to submit a report as described in
10 subsection (1) or reporting a greater or lesser amount of
11 whole crawfish, crawfish tails, or crawfish meat than is
12 actually in the dealer's possession or name is a major
13 violation of this chapter, punishable as provided in s.
14 370.021(1) s. 370.021(2), s. 370.07(6)(b), or both. The
15 department shall seize the entire supply of unreported or
16 falsely reported whole crawfish, crawfish tails, or crawfish
17 meat, and shall carry the same before the court for disposal.
18 The dealer shall post a cash bond in the amount of the fair
19 value of the entire quantity of unreported or falsely reported
20 crawfish as determined by the judge. After posting the cash
21 bond, the dealer shall have 24 hours to transport said
22 products outside the limits of Florida for sale as provided by
23 s. 370.061. Otherwise, the product shall be declared a
24 nuisance and disposed of by the department according to law.
25 Section 86. Section 370.142, Florida Statutes, 1998
26 Supplement, is amended to read:
27 370.142 Spiny lobster trap certificate program.--
28 (1) INTENT.--Due to rapid growth, the spiny lobster
29 fishery is experiencing increased congestion and conflict on
30 the water, excessive mortality of undersized lobsters, a
31 declining yield per trap, and public concern over petroleum
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1 and debris pollution from existing traps. In an effort to
2 solve these and related problems, the Legislature intends to
3 develop pursuant to the provisions of this section a spiny
4 lobster trap certificate program, the principal goal of which
5 is to stabilize the fishery by reducing the total number of
6 traps, which should increase the yield per trap and therefore
7 maintain or increase overall catch levels. The Legislature
8 seeks to preserve as much flexibility in the program as
9 possible for the fishery's various constituents and ensure
10 that any reduction in total trap numbers will be proportioned
11 equally on a percentage basis among all users of traps in the
12 fishery.
13 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
14 PENALTIES.--The Fish and Wildlife Conservation Commission
15 Department of Environmental Protection shall establish a trap
16 certificate program for the spiny lobster fishery of this
17 state and shall be responsible for its administration and
18 enforcement as follows:
19 (a) Transferable trap certificates.--Each holder of a
20 saltwater products license who uses traps for taking or
21 attempting to take spiny lobsters shall be required to have a
22 certificate on record for each trap possessed or used
23 therefor, except as otherwise provided in this section.
24 1. The Department of Environmental Protection shall
25 initially allot such certificates to each licenseholder with a
26 current crawfish trap number who uses traps. The number of
27 such certificates allotted to each such licenseholder shall be
28 based on the trap/catch coefficient established pursuant to
29 trip ticket records generated under the provisions of s.
30 370.06(2)(a) over a 3-year base period ending June 30, 1991.
31 The trap/catch coefficient shall be calculated by dividing the
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1 sum of the highest reported single license-year landings up to
2 a maximum of 30,000 pounds for each such licenseholder during
3 the base period by 700,000. Each such licenseholder shall then
4 be allotted the number of certificates derived by dividing his
5 or her highest reported single license-year landings up to a
6 maximum of 30,000 pounds during the base period by the
7 trap/catch coefficient. Nevertheless, no licenseholder with a
8 current crawfish trap number shall be allotted fewer than 10
9 certificates. However, certificates may only be issued to
10 individuals; therefore, all licenseholders other than
11 individual licenseholders shall designate the individual or
12 individuals to whom their certificates will be allotted and
13 the number thereof to each, if more than one. After initial
14 issuance, trap certificates are transferable on a market basis
15 and may be transferred from one licenseholder to another for a
16 fair market value agreed upon between the transferor and
17 transferee. Each such transfer shall, within 72 hours thereof,
18 be recorded on a notarized form provided for that purpose by
19 the department and hand delivered or sent by certified mail,
20 return receipt requested, to the Fish and Wildlife
21 Conservation Commission department for recordkeeping purposes.
22 In addition, in order to cover the added administrative costs
23 of the program and to recover an equitable natural resource
24 rent for the people of the state, a transfer fee of $2 per
25 certificate transferred shall be assessed against the
26 purchasing licenseholder and sent by money order or cashier's
27 check with the certificate transfer form. Also, in addition to
28 the transfer fee, a surcharge of $5 per certificate
29 transferred or 25 percent of the actual market value,
30 whichever is greater, given to the transferor shall be
31 assessed the first time a certificate is transferred outside
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1 the original transferor's immediate family. No transfer of a
2 certificate shall be effective until the commission department
3 receives the notarized transfer form and the transfer fee,
4 including any surcharge, is paid. The commission department
5 may establish by rule an amount of equitable rent per trap
6 certificate that shall be recovered as partial compensation to
7 the state for the enhanced access to its natural resources. In
8 determining whether to establish such a rent and, if so, the
9 amount thereof, the commission department shall consider the
10 amount of revenues annually generated by certificate fees,
11 transfer fees, surcharges, trap license fees, and sales taxes,
12 the demonstrated fair market value of transferred
13 certificates, and the continued economic viability of the
14 commercial lobster industry. The proceeds of equitable rent
15 recovered shall be deposited in the Marine Resources
16 Conservation Trust Fund and used by the commission department
17 for research, management, and protection of the spiny lobster
18 fishery and habitat.
19 2. No person, firm, corporation, or other business
20 entity may control, directly or indirectly, more than 1.5
21 percent of the total available certificates in any license
22 year.
23 3. The commission department shall maintain records of
24 all certificates and their transfers and shall annually
25 provide each licenseholder with a statement of certificates
26 held.
27 4. The number of trap tags issued annually to each
28 licenseholder shall not exceed the number of certificates held
29 by the licenseholder at the time of issuance, and such tags
30 and a statement of certificates held shall be issued
31 simultaneously.
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1 5. Beginning July 1, 2003, and applicable to the
2 2003-2004 lobster season and thereafter, it is unlawful for
3 any person to lease lobster trap tags or certificates.
4 (b) Trap tags.--Each trap used to take or attempt to
5 take spiny lobsters in state waters or adjacent federal waters
6 shall, in addition to the crawfish trap number required by s.
7 370.14(2), have affixed thereto an annual trap tag issued by
8 the commission department. Each such tag shall be made of
9 durable plastic or similar material and shall, beginning with
10 those tags issued for the 1993-1994 season based on the number
11 of certificates held, have stamped thereon the owner's license
12 number. To facilitate enforcement and recordkeeping, such tags
13 shall be issued each year in a color different from that of
14 each of the previous 3 years. A fee of 50 cents per tag issued
15 other than on the basis of a certificate held shall be
16 assessed through March 31, 1993. Until 1995, an annual fee of
17 50 cents per certificate shall be assessed, and thereafter,
18 until 1998, an annual fee of 75 cents per certificate shall be
19 assessed upon issuance in order to recover administrative
20 costs of the tags and the certificate program. Beginning in
21 1998, the annual certificate fee shall be $1 per certificate.
22 Replacement tags for lost or damaged tags may be obtained as
23 provided by rule of the commission department.
24 (c) Prohibitions; penalties.--
25 1. It is unlawful for a person to possess or use a
26 spiny lobster trap in or on state waters or adjacent federal
27 waters without having affixed thereto the trap tag required by
28 this section. It is unlawful for a person to possess or use
29 any other gear or device designed to attract and enclose or
30 otherwise aid in the taking of spiny lobster by trapping that
31
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1 is not a trap as defined in rule 46-24.006(2), Florida
2 Administrative Code.
3 2. It is unlawful for a person to possess or use spiny
4 lobster trap tags without having the necessary number of
5 certificates on record as required by this section.
6 3. In addition to any other penalties provided in s.
7 370.021, a commercial harvester, as defined by rule
8 46-24.002(1), Florida Administrative Code, who violates the
9 provisions of this section, or the provisions relating to
10 traps of chapter 46-24, Florida Administrative Code, shall be
11 punished as follows:
12 a. If the first violation is for violation of
13 subparagraph 1. or subparagraph 2., the commission department
14 shall assess an additional civil penalty of up to $1,000 and
15 the crawfish trap number issued pursuant to s. 370.14(2) or
16 (7) may be suspended for the remainder of the current license
17 year. For all other first violations, the commission
18 department shall assess an additional civil penalty of up to
19 $500.
20 b. For a second violation of subparagraph 1. or
21 subparagraph 2. which occurs within 24 months of any previous
22 such violation, the commission department shall assess an
23 additional civil penalty of up to $2,000 and the crawfish trap
24 number issued pursuant to s. 370.14(2) or (6) (7) may be
25 suspended for the remainder of the current license year.
26 c. For a third or subsequent violation of subparagraph
27 1. or subparagraph 2. which occurs within 36 months of any
28 previous two such violations, the commission department shall
29 assess an additional civil penalty of up to $5,000 and may
30 suspend the crawfish trap number issued pursuant to s.
31 370.14(2) or (6) (7) for a period of up to 24 months or may
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1 revoke the crawfish trap number and, if revoking the crawfish
2 trap number, may also proceed against the licenseholder's
3 saltwater products license in accordance with the provisions
4 of s. 370.021(2)(i) s. 370.021(2)(e).
5 d. Any person assessed an additional civil penalty
6 pursuant to this section shall within 30 calendar days after
7 notification:
8 (I) Pay the civil penalty to the commission
9 department; or
10 (II) Request an administrative hearing pursuant to the
11 provisions of s. 120.60.
12 e. The commission department shall suspend the
13 crawfish trap number issued pursuant to s. 370.14(2) or (6)
14 (7) for any person failing to comply with the provisions of
15 sub-subparagraph d.
16 4.a. It is unlawful for any person to make, alter,
17 forge, counterfeit, or reproduce a spiny lobster trap tag or
18 certificate.
19 b. It is unlawful for any person to knowingly have in
20 his or her possession a forged, counterfeit, or imitation
21 spiny lobster trap tag or certificate.
22 c. It is unlawful for any person to barter, trade,
23 sell, supply, agree to supply, aid in supplying, or give away
24 a spiny lobster trap tag or certificate or to conspire to
25 barter, trade, sell, supply, aid in supplying, or give away a
26 spiny lobster trap tag or certificate unless such action is
27 duly authorized by the commission department as provided in
28 this chapter or in the rules of the commission department.
29 5.a. Any person who violates the provisions of
30 subparagraph 4., or any person who engages in the commercial
31 harvest, trapping, or possession of spiny lobster without a
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1 crawfish trap number as required by s. 370.14(2) or (6) (7) or
2 during any period while such crawfish trap number is under
3 suspension or revocation, commits a felony of the third
4 degree, punishable as provided in s. 775.082, s. 775.083, or
5 s. 775.084.
6 b. In addition to any penalty imposed pursuant to
7 sub-subparagraph a., the commission department shall levy a
8 fine of up to twice the amount of the appropriate surcharge to
9 be paid on the fair market value of the transferred
10 certificates, as provided in subparagraph (a)1., on any person
11 who violates the provisions of sub-subparagraph 4.c.
12 6. Any certificates for which the annual certificate
13 fee is not paid for a period of 3 years shall be considered
14 abandoned and shall revert to the commission department.
15 During any period of trap reduction, any certificates
16 reverting to the commission department shall become
17 permanently unavailable and be considered in that amount to be
18 reduced during the next license-year period. Otherwise, any
19 certificates that revert to the commission department are to
20 be reallotted in such manner as provided by the commission
21 department.
22 7. The proceeds of all civil penalties collected
23 pursuant to subparagraph 3. and all fines collected pursuant
24 to sub-subparagraph 5.b. shall be deposited into the Marine
25 Resources Conservation Trust Fund.
26 8. All traps shall be removed from the water during
27 any period of suspension or revocation.
28 (d) No vested rights.--The trap certificate program
29 shall not create vested rights in licenseholders whatsoever
30 and may be altered or terminated as necessary to protect the
31
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1 spiny lobster resource, the participants in the fishery, or
2 the public interest.
3 (3) TRAP REDUCTION.--The objective of the overall trap
4 certificate program is to reduce the number of traps used in
5 the spiny lobster fishery to the lowest number that will
6 maintain or increase overall catch levels, promote economic
7 efficiency in the fishery, and conserve natural resources.
8 Therefore, the Marine Fisheries Commission shall set an
9 overall trap reduction goal based on maintaining or maximizing
10 a sustained harvest from the spiny lobster fishery. To reach
11 that goal, the commission shall, by July 1, 1992, set an
12 annual trap reduction schedule, not to exceed 10 percent per
13 year, applicable to all certificateholders until the overall
14 trap reduction goal is reached. All certificateholders shall
15 have their certificate holdings reduced by the same percentage
16 of certificates each year according to the trap reduction
17 schedule. The department shall then issue the number of trap
18 tags authorized by the commission, as requested, and a revised
19 statement of certificates held. Certificateholders may
20 maintain or increase their total number of certificates held
21 by purchasing available certificates from within the
22 authorized total. The Fish and Wildlife Conservation
23 Commission shall provide for an annual evaluation of the trap
24 reduction process and shall suspend the annual percentage
25 reductions for any period deemed necessary by the commission
26 in order to assess the impact of the trap reduction schedule
27 on the fishery. The Fish and Wildlife Conservation Commission
28 commission may then, by rule, resume, terminate, or reverse
29 the schedule as it deems necessary to protect the spiny
30 lobster resource and the participants in the fishery.
31
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1 (4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS
2 BOARD.--There is hereby established the Trap Certificate
3 Technical Advisory and Appeals Board. Such board shall
4 consider and advise the commission department on disputes and
5 other problems arising from the implementation of the spiny
6 lobster trap certificate program. The board may also provide
7 information to the commission department on the operation of
8 the trap certificate program.
9 (a)1. The board shall consist of the executive
10 director secretary of the commission department or designee
11 and nine other members appointed by the executive director
12 secretary, after determination of the initial certificate
13 allotments by the department, according to the following
14 criteria, except as otherwise provided in subparagraph 2.:
15 1.a. All appointed members shall be
16 certificateholders, but two shall be holders of fewer than 100
17 certificates, two shall be holders of at least 100 but no more
18 than 750 certificates, three shall be holders of more than 750
19 but not more than 2,000 certificates, and two shall be holders
20 of more than 2,000 certificates.
21 2.b. At least one member each shall come from Broward,
22 Dade, and Palm Beach Counties; and five members shall come
23 from the various regions of the Florida Keys.
24 3.c. At least one appointed member shall be a person
25 of Hispanic origin capable of speaking English and Spanish.
26 2. The secretary of the department may fill any
27 position on the initial board with a member who does not
28 fulfill the requirements of subparagraph 1. if there are not
29 enough qualified individuals available to meet those
30 requirements. However, as soon as enough qualified individuals
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1 are available to meet those requirements, the secretary must
2 replace all nonqualified appointees with qualified appointees.
3 (b) The term of each appointed member shall be for 4
4 years, and any vacancy shall be filled for the balance of the
5 unexpired term with a person of the qualifications necessary
6 to maintain the requirements of paragraph (a) subparagraph
7 (a)1. However, of the initial appointees, three shall serve
8 for terms of 4 years, two shall serve for terms of 3 years,
9 two shall serve for terms of 2 years, and two shall serve for
10 terms of 1 year. There shall be no limitation on successive
11 appointments to the board.
12 (c) The executive director secretary of the commission
13 department or designee shall serve as a member and shall call
14 the organizational meeting of the board. The board shall
15 annually elect a chair and a vice chair. There shall be no
16 limitation on successive terms that may be served by a chair
17 or vice chair. The board shall meet at the call of its chair,
18 at the request of a majority of its membership, at the request
19 of the commission department, or at such times as may be
20 prescribed by its rules. A majority of the board shall
21 constitute a quorum, and official action of the board shall
22 require a majority vote of the total membership of the board
23 present at the meeting.
24 (d) The procedural rules adopted by the board shall
25 conform to the requirements of chapter 120.
26 (e) Members of the board shall be reimbursed for per
27 diem and travel expenses as provided in s. 112.061.
28 (f) Upon reaching a decision on any dispute or problem
29 brought before it, including any decision involving the
30 allotment of certificates under paragraph (g), the board shall
31 submit such decision to the executive director secretary of
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1 the commission department for final approval. The executive
2 director secretary of the commission department may alter or
3 disapprove any decision of the board, with notice thereof
4 given in writing to the board and to each party in the dispute
5 explaining the reasons for the disapproval. The action of the
6 executive director secretary of the commission department
7 constitutes final agency action.
8 (g) In addition to those certificates allotted
9 pursuant to the provisions of subparagraph (2)(a)1., up to
10 125,000 certificates may be allotted by the board to settle
11 disputes or other problems arising from implementation of the
12 trap certificate program during the 1992-1993 and 1993-1994
13 license years. Any certificates not allotted by March 31,
14 1994, shall become permanently unavailable and shall be
15 considered as part of the 1994-1995 reduction schedule. All
16 appeals for additional certificates or other disputes must be
17 filed with the board before October 1, 1993.
18 (h) Any trap certificates issued by the Department of
19 Environmental Protection as a result of the appeals process
20 must be added to the existing number of trap certificates for
21 the purposes of determining the total number of certificates
22 from which the subsequent season's trap reduction is
23 calculated.
24 (i) On and after July 1, 1994, the board shall no
25 longer consider and advise the Fish and Wildlife Conservation
26 Commission department on disputes and other problems arising
27 from implementation of the trap certificate program nor allot
28 any certificates with respect thereto.
29 (5) DISPOSITION OF FEES AND SURCHARGES.--Transfer fees
30 and surcharges, annual trap certificate fees, and recreational
31 tag fees collected pursuant to paragraphs (2)(a) and (b) shall
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1 be deposited in the Marine Resources Conservation Trust Fund
2 and used for administration of the trap certificate program,
3 research and monitoring of the spiny lobster fishery, and
4 enforcement and public education activities in support of the
5 purposes of this section and shall also be for the use of the
6 Fish and Wildlife Conservation Marine Fisheries Commission in
7 evaluating the impact of the trap reduction schedule on the
8 spiny lobster fishery; however, at least 15 percent of the
9 fees and surcharges collected shall be provided to the
10 commission for such evaluation.
11 (6) RULEMAKING AUTHORITY.--The Fish and Wildlife
12 Conservation Commission Department of Environmental Protection
13 may adopt rules to implement the provisions of this section.
14 Section 87. Subsection (1), (2), and (6) of section
15 370.1535, Florida Statutes, are amended to read:
16 370.1535 Regulation of shrimp fishing in Tampa Bay;
17 licensing requirements.--
18 (1) No person shall operate as a dead shrimp producer
19 in any waters of Tampa Bay unless such person has procured
20 from the Fish and Wildlife Conservation Commission Department
21 of Environmental Protection a dead shrimp production permit.
22 (2) The Fish and Wildlife Conservation Commission
23 Department of Environmental Protection is authorized to issue
24 a dead shrimp production permit to persons qualified pursuant
25 to the following criteria:
26 (a) The person has submitted an application designed
27 by the department for such permit.
28 (b) One permit is required for each vessel used for
29 dead shrimp production in the waters of Tampa Bay. A permit
30 shall only be issued to an individual who is the principal
31 owner of the vessel or of the business entity owning the
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1 vessel and utilizing the permit. No more than three permits
2 shall be issued to any individual.
3 (c) Each application for a permit shall be accompanied
4 by a fee of $250 for each resident of the state and $1,000 for
5 each nonresident of the state. The proceeds of the fees
6 collected pursuant to this paragraph shall be deposited into
7 the Marine Resources Conservation Trust Fund to be used by the
8 commission department for the purpose of enforcement of marine
9 resource laws.
10 (d) No person shall be issued a permit or be allowed
11 to renew a permit if such person is registered for
12 noncommercial trawling pursuant to s. 370.15(6) or if such
13 person holds a live bait shrimping license issued pursuant to
14 s. 370.15(8).
15 (e) Each applicant shall make application prior to
16 June 30, 1992, and shall hold any other license or
17 registration required to operate a commercial fishing vessel
18 in Tampa Bay on the date of application.
19 (6) Each person harvesting shrimp in Tampa Bay
20 pursuant to the permit required by this section shall comply
21 with all rules of the Fish and Wildlife Conservation Marine
22 Fisheries Commission regulating such harvest.
23 Section 88. Subsections (4) and (5) of section 370.17,
24 Florida Statutes, are amended to read:
25 370.17 Sponges; regulation.--
26 (4) POWERS OF THE COMMISSION DEPARTMENT.--The
27 commission said department is authorized and empowered to
28 make, promulgate, and put into effect all rules and
29 regulations which the commission department may consider and
30 decide to be necessary to accomplish the purpose of this
31 chapter for the taking and cultivation of sponges, including
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1 the power and authority to determine and fix, in its
2 discretion, the seasons and period of time within which public
3 state grounds may be closed to the taking, possessing, buying,
4 selling, or transporting of sponges from the sponge
5 cultivation districts herein provided for and to regulate and
6 prescribe the means and methods to be employed in the
7 harvesting thereof; however, notice of all rules, regulations,
8 and orders, and all revisions and amendments thereto,
9 prescribing closed seasons or prescribing the means and
10 methods of harvesting sponges adopted by the commission
11 department shall be published in a newspaper of general
12 circulation in the conservation district affected within 10
13 days from the adoption thereof, in addition to any notice
14 required by chapter 120.
15 (5) COOPERATION WITH UNITED STATES FISH AND WILDLIFE
16 SERVICE.--The commission department shall cooperate with the
17 United States Fish and Wildlife Service, under existing
18 federal laws, rules and regulations, and is authorized to
19 accept donations, grants and matching funds from said federal
20 government under such conditions as are reasonable and proper,
21 for the purposes of carrying out this chapter, and the
22 commission said department is further authorized to accept any
23 and all donations including funds and loan of vessels.
24 Section 89. Section 370.31, Florida Statutes, is
25 amended to read:
26 370.31 Commercial production of sturgeon.--
27 (1) INTENT.--The Legislature finds and declares that
28 there is a need to encourage the continuation and advancement
29 of work being done on aquaculture sturgeon production in
30 keeping with the state's legislative public policy regarding
31 aquaculture provided in chapter 597. It also finds that it is
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1 in the state's economic interest to promote the commercial
2 production and stock enhancement of sturgeon. It is therefore
3 the intent of the Legislature to hereby create a Sturgeon
4 Production Working Group.
5 (2) CREATION.--The Sturgeon Production Working Group
6 is created within the Fish and Wildlife Conservation
7 Commission Department of Environmental Protection and shall be
8 composed of six members as follows:
9 (a) The head of the sturgeon research program or
10 designee from the University of Florida, Institute of Food and
11 Agricultural Sciences. Such member shall be appointed by the
12 University of Florida's Vice President for Agricultural
13 Affairs.
14 (b) One representative from the Department of
15 Environmental Protection to be appointed by the Secretary of
16 Environmental Protection.
17 (c) One representative from the Fish and Wildlife
18 Conservation Game and Fresh Water Fish Commission to be
19 appointed by the executive director of the Game and Fresh
20 Water Fish commission.
21 (d) One representative from the Department of
22 Agriculture and Consumer Services to be appointed by the
23 Commissioner of Agriculture.
24 (e) Two representatives from the aquaculture industry
25 to be appointed by the Aquaculture Review Council.
26 (3) MEETINGS; PROCEDURES; RECORDS.--The working group
27 shall meet at least twice a year and elect, by a quorum, a
28 chair, vice chair, and secretary. However, the working group
29 shall call its first meeting within 1 month after October 1,
30 1996.
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1 (a) The chair of the working group shall preside at
2 all meetings and shall call a meeting as often as necessary to
3 carry out the provisions of this section. To call a meeting,
4 the chair shall solicit an agreement to meet from at least two
5 other working group members and then notify any remaining
6 members of the meeting.
7 (b) The secretary shall keep a complete record of the
8 proceedings of each meeting, which includes the names of the
9 members present at each meeting and the actions taken. Such
10 records shall be kept on file with the Fish and Wildlife
11 Conservation Commission Department of Environmental Protection
12 with copies filed with the Department of Fisheries and
13 Aquatics at the University of Florida. The records shall be
14 public records pursuant to chapter 119.
15 (c) A quorum shall consist of one representative from
16 the Fish and Wildlife Conservation Commission Department of
17 Environmental Protection, one representative from the
18 Institute of Food and Agricultural Sciences, and at least two
19 other members.
20 (4) PURPOSE AND RESPONSIBILITIES.--The purpose of the
21 Sturgeon Production Working Group is to establish a state
22 sturgeon aquaculture program to promote the commercial
23 production and stock enhancement of sturgeon in Florida. In
24 carrying out this purpose, the working group shall:
25 (a) Establish a state sturgeon aquaculture program to
26 inform public or private interested parties of how to
27 aquaculturally produce sturgeon for commercial purposes and
28 for stock enhancement. The program shall:
29 1. Determine how sturgeon can be produced commercially
30 for its meat and roe in the state.
31
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1 2. Determine how sturgeon can be used for stock
2 enhancement in areas designated by the Fish and Wildlife
3 Conservation Commission Department of Environmental Protection
4 in consultation with the Sturgeon Production Working Group.
5 (b) Seek federal help and cooperation in obtaining the
6 appropriate permits to establish the state sturgeon
7 aquaculture program.
8 (c) Prepare a state sturgeon production and stock
9 enhancement plan to implement the state sturgeon aquaculture
10 program. The plan shall include, but not be limited to, the
11 following:
12 1. Research needed to support the commercial
13 production of sturgeon for meat and roe and stock enhancement
14 in the state.
15 2. Studies needed to determine the economic impact on
16 the state and the best marketing strategies for producing
17 sturgeon for its meat and roe.
18 3. Permits and other requirements currently needed to
19 commercially produce sturgeon and enhance sturgeon stock in
20 the state and a strategy for obtaining such permits or
21 requirements.
22 4. The timetable for implementation and completion of
23 the plan's components.
24 5. The implementation date for the state sturgeon
25 aquaculture program.
26 (d) Prepare a report to be submitted within 1 year
27 after October 1, 1996, to the Governor, the President of the
28 Senate, the Speaker of the House of Representatives, and the
29 chairs of the legislative ways and means, appropriations, and
30 agriculture committees. This report shall include, but not be
31 limited to:
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1 1. The status of the state sturgeon aquaculture
2 program.
3 2. The status of the state sturgeon production and
4 stock enhancement plan.
5 3. Other Florida public or private agencies, if any,
6 doing research on sturgeon production.
7 4. Any recommendations necessary to carry out the
8 purpose of this section.
9 Section 90. Subsections (9), (15), (16), and (17) of
10 section 372.001, Florida Statutes, are amended to read:
11 372.001 Definitions.--In construing these statutes,
12 when applied to saltwater and freshwater fish, shellfish,
13 crustacea, sponges, wild birds, and wild animals, where the
14 context permits, the word, phrase, or term:
15 (9) "Fresh water," except where otherwise provided by
16 law, includes all lakes, rivers, canals, and other waterways
17 of Florida, to such point or points where the fresh and salt
18 waters commingle to such an extent as to become unpalatable
19 and unfit for human consumption, because of the saline
20 content, or to such point or points as may be fixed by the
21 Fish and Wildlife Conservation Game and Fresh Water Fish
22 Commission, by and with the consent of the board of county
23 commissioners of the county or counties to be affected by such
24 order. The Steinhatchee River shall be considered fresh water
25 from its source to mouth.
26 (15) "Fish management area" is a pond, lake, or other
27 water within a county or within several counties designated to
28 improve fishing for public use and established and
29 specifically circumscribed for authorized management by the
30 Fish and Wildlife Conservation Game and Fresh Water Fish
31 Commission and the board of county commissioners of the county
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1 in which such waters lie under agreement between the
2 commission and an owner with approval by the board of county
3 commissioners or under agreement with the board of county
4 commissioners for use of public waters in the county in which
5 such waters lie.
6 (16) "Commission" means the Fish and Wildlife
7 Conservation Game and Fresh Water Fish Commission.
8 (17) "Authorization" means a number issued by the Fish
9 and Wildlife Conservation Game and Fresh Water Fish
10 Commission, or its authorized agent, which serves in lieu of a
11 license or permit and affords the privilege purchased for a
12 specified period of time.
13 Section 91. Section 372.01, Florida Statutes, is
14 amended to read:
15 372.01 Fish and Wildlife Conservation Game and Fresh
16 Water Fish Commission.--
17 (1) The Fish and Wildlife Conservation Game and Fresh
18 Water Fish Commission shall consist of seven five members who
19 shall be appointed by the Governor, subject to confirmation by
20 the Senate, for staggered terms of 5 years.
21 (2) Members so appointed shall annually select one of
22 their members as chair. Such chair may be removed at any time
23 for sufficient cause, by the affirmative vote of the majority
24 of the members of the commission. In case the said office of
25 chair becomes vacant by removal or otherwise, the same may be
26 filled for the unexpired term at any time by the commission
27 from its members.
28 (3) Commission members shall receive no compensation
29 for their services as such, but shall be reimbursed for travel
30 expenses as provided in s. 112.061.
31
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1 Section 92. Subsections (1) and (2) of section
2 372.0215, Florida Statutes, are amended to read:
3 372.0215 Citizen support organizations; use of state
4 property; audit.--
5 (1) The Fish and Wildlife Conservation Game and Fresh
6 Water Fish Commission may authorize the establishment of
7 citizen support organizations to provide assistance, funding,
8 and promotional support for the programs of the commission.
9 For purposes of this section, the term "citizen support
10 organization" means an organization which:
11 (a) Is a corporation not for profit incorporated
12 pursuant to the provisions of chapter 617 and approved by the
13 Department of State;
14 (b) Is organized and operated to conduct programs and
15 activities; raise funds; request and receive grants, gifts,
16 and bequests of money; acquire, receive, hold, invest, and
17 administer in its own name securities, funds, or real or
18 personal property; and make expenditures for the benefit of
19 the commission or an individual program unit of the
20 commission; except that such organization may not receive
21 funds from the commission by grant, gift, or contract unless
22 specifically authorized by the Legislature.
23 (c) The commission has determined acts in a manner
24 that is consistent with the goals of the commission and the
25 best interests of the state.
26 (d) Is approved in writing by the commission to
27 operate for the benefit of the commission. Such approval must
28 be stated in a letter of agreement from the executive director
29 of the commission.
30 (2)(a) The Fish and Wildlife Conservation Commission
31 Game and Fresh Water Fish Commission may permit a citizen
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1 support organization to use commission property, facilities,
2 and personnel free of charge. A citizen support organization
3 may use commission property, facilities, and personnel if such
4 use is consistent with the approved purpose of that citizen
5 support organization and if such use does not unreasonably
6 interfere with the general public's use of commission
7 property, facilities, and personnel for established purposes.
8 (b) The commission may prescribe conditions upon the
9 use by a citizen support organization of commission property,
10 facilities, or personnel.
11 (c) The commission may not permit the use of any
12 property, facilities, or personnel of the state by a citizen
13 support organization that does not provide equal membership
14 and employment opportunities to all persons regardless of
15 race, color, national origin, religion, sex, or age.
16 Section 93. Subsections (1), (2), and (4) of section
17 372.0222, Florida Statutes, are amended to read:
18 372.0222 Private publication agreements; advertising;
19 costs of production.--
20 (1) The Fish and Wildlife Conservation Game and Fresh
21 Water Fish Commission may enter into agreements to secure the
22 private publication of public information brochures,
23 pamphlets, audiotapes, videotapes, and related materials for
24 distribution without charge to the public and, in furtherance
25 thereof, is authorized to:
26 (a) Enter into agreements with private vendors for the
27 publication or production of such public information
28 materials, whereby the costs of publication or production will
29 be borne in whole or in part by the vendor or the vendor shall
30 provide additional compensation in return for the right of the
31 vendor to select, sell, and place advertising which publicizes
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1 products or services related to and harmonious with the
2 subject matter of the publication.
3 (b) Retain the right, by agreement, to approve all
4 elements of any advertising placed in such public information
5 materials, including the form and content thereof.
6 (2) The Fish and Wildlife Conservation Game and Fresh
7 Water Fish Commission may sell advertising in the Florida
8 Wildlife Magazine to offset the cost of publication and
9 distribution of the magazine.
10 (4) The Fish and Wildlife Conservation Game and Fresh
11 Water Fish Commission may enter into agreements with private
12 vendors for vendor advertisement for the purpose of offsetting
13 expenses relating to license issuance, and, in furtherance
14 thereof, is authorized to:
15 (a) Retain the right, by agreement, to approve all
16 elements of such advertising, including the form or content.
17 (b) Require that any advertising of any kind
18 contracted pursuant to this section shall include a statement
19 providing that the advertising does not constitute an
20 endorsement by the state or commission of the products or
21 services to be so advertised.
22 Section 94. Subsection (1) of section 372.0225,
23 Florida Statutes, 1998 Supplement, is amended to read:
24 372.0225 Freshwater organisms.--
25 (1) The Division of Fisheries of the Fish and Wildlife
26 Conservation Game and Fresh Water Fish Commission, in order to
27 manage the promotion, marketing, and quality control of all
28 freshwater organisms produced in Florida and utilized
29 commercially so that such organisms shall be used to produce
30 the optimum sustained yield consistent with the protection of
31
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1 the breeding stock, is directed and charged with the
2 responsibility of:
3 (a) Providing for the regulation of the promotion,
4 marketing, and quality control of freshwater organisms
5 produced in Florida and utilized commercially.
6 (b) Regulating the processing of commercial freshwater
7 organisms on the water or on the shore.
8 (c) Providing documentation standards and statistical
9 record requirements with respect to commercial freshwater
10 organism catches.
11 (d) Conducting scientific, economic, and other studies
12 and research on all freshwater organisms produced in the state
13 and used commercially.
14 Section 95. Subsections (1) and (3) of section
15 372.023, Florida Statutes, are amended to read:
16 372.023 J. W. Corbett and Cecil M. Webb Wildlife
17 Management Areas.--
18 (1) The Fish and Wildlife Conservation Game and Fresh
19 Water Fish Commission of this state is neither authorized nor
20 empowered to do the following as to the J. W. Corbett Wildlife
21 Management Area in Palm Beach County or the Cecil M. Webb
22 Wildlife Management Area without the approval of the Board of
23 Trustees of the Internal Improvement Trust Fund that such
24 action is in the best interest of orderly and economical
25 development of said area, viz.:
26 (a) To trade, barter, lease, or exchange lands therein
27 for lands of greater acreage contiguous to said wildlife
28 management areas.
29 (b) To grant easements for construction and
30 maintenance of roads, railroads, canals, ditches, dikes and
31
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1 utilities, including but not limited to telephone, telegraph,
2 oil, gas, electric power, water and sewers.
3 (c) To convey or release all rights in and to the
4 phosphate, minerals, metals and petroleum that is or may be
5 in, on or under any lands traded, bartered, leased or
6 exchanged pursuant to paragraph (a).
7 (3) Moneys received from the sale of lands within
8 either wildlife management area, less reasonable expenses
9 incident to the sale, shall be used by the Fish and Wildlife
10 Conservation Game and Fresh Water Fish Commission to acquire
11 acreage contiguous to the wildlife management area or lands of
12 equal wildlife value. The sale shall be made directly to the
13 state, notwithstanding the procedures of ss. 270.08 and 270.09
14 to the contrary.
15 Section 96. Subsections (2) and (3) of section
16 372.025, Florida Statutes, are amended to read:
17 372.025 Everglades recreational sites; definitions.--
18 (2) DEFINITIONS.--As used in this section:
19 (a) "Commission" means the Fish and Wildlife
20 Conservation Game and Fresh Water Fish Commission.
21 (b) "Flood control district" means the Central and
22 Southern Florida Flood Control District Board.
23 (c) "Indian reservations" means lands as designated by
24 chapter 285.
25 (d) "Buffer zone" means an area located between
26 developed and wilderness areas where some restrictions on the
27 type of future development shall be imposed.
28 (e) "Development of recreational sites" means any
29 improvements to existing facilities or sites and also such new
30 selection and improvements as are needed for the various
31 recreational activities as herein provided.
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1 (3) RECREATIONAL SITES.--The Fish and Wildlife
2 Conservation Game and Fresh Water Fish Commission is directed
3 to develop, manage, and enforce laws on certain recreational
4 sites in the water conservation areas of the Everglades from
5 funds to be appropriated by the Legislature.
6 Section 97. Section 372.03, Florida Statutes, is
7 amended to read:
8 372.03 Headquarters of commission.--The Fish and
9 Wildlife Conservation Game and Fresh Water Fish Commission is
10 located at the state capital, and, when suitable adequate
11 office space cannot be provided in the State Capitol Building,
12 or other buildings owned by the state, the commission may rent
13 or lease suitable office space in Tallahassee. Said commission
14 may also rent or lease suitable and adequate space in other
15 cities and towns of the state for branch or division offices
16 and headquarters and storerooms for equipment and supplies, as
17 the business of the commission may require or necessitate,
18 payment for said rented or leased premises to be made from the
19 State Game Trust Fund.
20 Section 98. Section 372.051, Florida Statutes, is
21 amended to read:
22 372.051 Seal of commission; certificate as
23 evidence.--The Fish and Wildlife Conservation Game and Fresh
24 Water Fish Commission shall adopt and use a common seal, and a
25 certificate under the seal of the commission, signed by its
26 chair and attested by its director shall constitute sufficient
27 evidence of the action of the commission; and copies of the
28 minutes of the commission, or any part thereof, or of any
29 record or paper of said commission, or any part thereof, or of
30 any rule, regulation, or order of the commission, or any part
31 thereof, or of any code of rules, regulations or orders of the
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1 commission, or any part thereof, certified by the director of
2 the commission under its seal, shall be admissible in evidence
3 in all cases and proceedings in all courts, boards, and
4 commissions of this state without further authentication.
5 Section 99. Section 372.06, Florida Statutes, is
6 amended to read:
7 372.06 Meetings of the commission.--At least four
8 meetings of the Fish and Wildlife Conservation Game and Fresh
9 Water Fish Commission shall be held at the state capital no
10 less frequently than once every 3 months, which meetings shall
11 be known as the quarterly meetings of the commission; other
12 meetings may be held at such times and places as may be
13 decided upon or as provided by rules of the commission, such
14 meetings to be called by the executive secretary on not less
15 than 1 week's notice to all members of the commission; or
16 meetings may be held upon the request in writing of three
17 members of the commission, at a time and place to be
18 designated in the request, and notice of such meetings shall
19 be given at least 1 week in advance thereof to all members of
20 the commission by the executive secretary. A majority of
21 Three members shall constitute a quorum at any meeting of the
22 commission. No action shall be binding when taken up by the
23 commission, except at a regular or call meeting and duly
24 recorded in the minutes of said meeting.
25 Section 100. Section 372.07, Florida Statutes, is
26 amended to read:
27 372.07 Police powers of commission and its agents.--
28 (1) The Fish and Wildlife Conservation Game and Fresh
29 Water Fish Commission, the director and the director's
30 assistants designated by her or him, and each wildlife officer
31 are constituted peace officers with the power to make arrests
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1 for violations of the laws of this state when committed in the
2 presence of the officer or when committed on lands under the
3 supervision and management of the commission. The general
4 laws applicable to arrests by peace officers of this state
5 shall also be applicable to said director, assistants, and
6 wildlife officers. Such persons may enter upon any land or
7 waters of the state for performance of their lawful duties and
8 may take with them any necessary equipment, and such entry
9 shall not constitute a trespass.
10 (2) Said officers shall have power and authority to
11 enforce throughout the state all laws relating to game,
12 nongame birds, freshwater fish, and fur-bearing animals and
13 all rules and regulations of the Fish and Wildlife
14 Conservation Game and Fresh Water Fish Commission relating to
15 wild animal life and freshwater aquatic life, and in
16 connection with said laws, rules, and regulations, in the
17 enforcement thereof and in the performance of their duties
18 thereunder, to:
19 (a) Go upon all premises, posted or otherwise;
20 (b) Execute warrants and search warrants for the
21 violation of said laws;
22 (c) Serve subpoenas issued for the examination,
23 investigation, and trial of all offenses against said laws;
24 (d) Carry firearms or other weapons, concealed or
25 otherwise, in the performance of their duties;
26 (e) Arrest upon probable cause without warrant any
27 person found in the act of violating any of the provisions of
28 said laws or, in pursuit immediately following such
29 violations, to examine any person, boat, conveyance, vehicle,
30 game bag, game coat, or other receptacle for wild animal life
31 or freshwater aquatic life, or any camp, tent, cabin, or
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1 roster, in the presence of any person stopping at or belonging
2 to such camp, tent, cabin, or roster, when said officer has
3 reason to believe, and has exhibited her or his authority and
4 stated to the suspected person in charge the officer's reason
5 for believing, that any of the aforesaid laws have been
6 violated at such camp;
7 (f) Secure and execute search warrants and in
8 pursuance thereof to enter any building, enclosure, or car and
9 to break open, when found necessary, any apartment, chest,
10 locker, box, trunk, crate, basket, bag, package, or container
11 and examine the contents thereof;
12 (g) Seize and take possession of all wild animal life
13 or freshwater aquatic life taken or in possession or under
14 control of, or shipped or about to be shipped by, any person
15 at any time in any manner contrary to said laws.
16 (3) It is unlawful for any person to resist an arrest
17 authorized by this section or in any manner to interfere,
18 either by abetting, assisting such resistance, or otherwise
19 interfering with said director, assistants, or wildlife
20 officers while engaged in the performance of the duties
21 imposed upon them by law or regulation of the Fish and
22 Wildlife Conservation Game and Fresh Water Fish Commission.
23 Section 101. Section 372.071, Florida Statutes, is
24 amended to read:
25 372.071 Powers of arrest by agents of Department of
26 Environmental Protection or Fish and Wildlife Conservation
27 Game and Fresh Water Fish Commission.--Any certified law
28 enforcement officer of the Department of Environmental
29 Protection or the Fish and Wildlife Conservation Game and
30 Fresh Water Fish Commission, upon receiving information,
31 relayed to her or him from any law enforcement officer
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1 stationed on the ground, on the water, or in the air, that a
2 driver, operator, or occupant of any vehicle, boat, or airboat
3 has violated any section of chapter 327, chapter 328, chapter
4 370, or this chapter, may arrest the driver, operator, or
5 occupant for violation of said laws when reasonable and proper
6 identification of the vehicle, boat, or airboat and reasonable
7 and probable grounds to believe that the driver, operator, or
8 occupant has committed or is committing any such offense have
9 been communicated to the arresting officer by the other
10 officer stationed on the ground, on the water, or in the air.
11 Section 102. Section 372.072, Florida Statutes, is
12 amended to read:
13 372.072 Endangered and Threatened Species Act.--
14 (1) SHORT TITLE.--This section may be cited as the
15 "Florida Endangered and Threatened Species Act of 1977."
16 (2) DECLARATION OF POLICY.--The Legislature recognizes
17 that the State of Florida harbors a wide diversity of fish and
18 wildlife and that it is the policy of this state to conserve
19 and wisely manage these resources, with particular attention
20 to those species defined by the Fish and Wildlife Conservation
21 Commission Game and Fresh Water Fish Commission, the
22 Department of Environmental Protection, or the United States
23 Department of Interior, or successor agencies, as being
24 endangered or threatened. As Florida has more endangered and
25 threatened species than any other continental state, it is the
26 intent of the Legislature to provide for research and
27 management to conserve and protect these species as a natural
28 resource.
29 (3) DEFINITIONS.--As used in this section:
30 (a) "Fish and wildlife" means any member of the animal
31 kingdom, including, but not limited to, any mammal, fish,
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1 bird, amphibian, reptile, mollusk, crustacean, arthropod, or
2 other invertebrate.
3 (b) "Endangered species" means any species of fish and
4 wildlife naturally occurring in Florida, whose prospects of
5 survival are in jeopardy due to modification or loss of
6 habitat; overutilization for commercial, sporting, scientific,
7 or educational purposes; disease; predation; inadequacy of
8 regulatory mechanisms; or other natural or manmade factors
9 affecting its continued existence.
10 (c) "Threatened species" means any species of fish and
11 wildlife naturally occurring in Florida which may not be in
12 immediate danger of extinction, but which exists in such small
13 populations as to become endangered if it is subjected to
14 increased stress as a result of further modification of its
15 environment.
16 (4) INTERAGENCY COORDINATION.--
17 (a)1. The Game and Fresh Water Fish Commission shall
18 be responsible for research and management of freshwater and
19 upland species.
20 2. The Department of Environmental Protection shall be
21 responsible for research and management of marine species.
22 (a)(b) Recognizing that citizen awareness is a key
23 element in the success of this plan, the Fish and Wildlife
24 Conservation Game and Fresh Water Fish Commission, the
25 Department of Environmental Protection, and the Office of
26 Environmental Education of the Department of Education are
27 encouraged to work together to develop a public education
28 program with emphasis on, but not limited to, both public and
29 private schools.
30 (b)(c) The Fish and Wildlife Conservation Department
31 of Environmental Protection, the Marine Fisheries Commission,
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1 or the Game and Fresh Water Fish Commission, in consultation
2 with the Department of Agriculture and Consumer Services, the
3 Department of Commerce, the Department of Community Affairs,
4 or the Department of Transportation, may establish reduced
5 speed zones along roads, streets, and highways to protect
6 endangered species or threatened species.
7 (5) ANNUAL REPORT.--The Executive Director of the Fish
8 and Wildlife Conservation Commission Director of the Game and
9 Fresh Water Fish Commission, in consultation with the
10 Secretary of Environmental Protection, shall, at least 30 days
11 prior to each annual session of the Legislature, transmit to
12 the Governor and Cabinet, the President of the Senate, the
13 Speaker of the House of Representatives, and the chairs of the
14 appropriate Senate and House committees, a revised and updated
15 plan for management and conservation of endangered and
16 threatened species, including criteria for research and
17 management priorities; a description of the educational
18 program; statewide policies pertaining to protection of
19 endangered and threatened species; additional legislation
20 which may be required; and the recommended level of funding
21 for the following year, along with a progress report and
22 budget request.
23 Section 103. Section 372.0725, Florida Statutes, is
24 amended to read:
25 372.0725 Killing or wounding of any species designated
26 as endangered, threatened, or of special concern; criminal
27 penalties.--It is unlawful for a person to intentionally kill
28 or wound any fish or wildlife of a species designated by the
29 Fish and Wildlife Conservation Game and Fresh Water Fish
30 Commission as endangered, threatened, or of special concern,
31 or to intentionally destroy the eggs or nest of any such fish
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1 or wildlife, except as provided for in the rules of the Fish
2 and Wildlife Conservation Game and Fresh Water Fish
3 Commission, the Department of Environmental Protection, or the
4 Marine Fisheries Commission. Any person who violates this
5 provision with regard to an endangered or threatened species
6 is guilty of a felony of the third degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 Section 104. Subsection (1) of section 372.073,
9 Florida Statutes, is amended to read:
10 372.073 Endangered and Threatened Species Reward
11 Program.--
12 (1) There is established within the Fish and Wildlife
13 Conservation Game and Fresh Water Fish Commission the
14 Endangered and Threatened Species Reward Program, to be funded
15 from the Nongame Wildlife Trust Fund. The commission may post
16 rewards to persons responsible for providing information
17 leading to the arrest and conviction of persons illegally
18 killing or wounding or wrongfully possessing any of the
19 endangered and threatened species listed on the official
20 Florida list of such species maintained by the commission or
21 the arrest and conviction of persons who violate s. 372.667 or
22 s. 372.671. Additional funds may be provided by donations from
23 interested individuals and organizations. The reward program
24 is to be administered by the commission. The commission shall
25 establish a schedule of rewards.
26 Section 105. Subsection (1) of section 372.074,
27 Florida Statutes, is amended to read:
28 372.074 Fish and Wildlife Habitat Program.--
29 (1)(a) There is established within the Fish and
30 Wildlife Conservation Game and Fresh Water Fish Commission the
31 Fish and Wildlife Habitat Program for the purpose of
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1 acquiring, assisting other agencies or local governments in
2 acquiring, or managing lands important to the conservation of
3 fish and wildlife.
4 (b) The Fish and Wildlife Conservation Game and Fresh
5 Water Fish Commission or its designee shall manage such lands
6 for the primary purpose of maintaining and enhancing their
7 habitat value for fish and wildlife. Other uses may be allowed
8 that are not contrary to this purpose.
9 (c) Where acquisition pursuant to this section will
10 result in state ownership of land, title shall be vested in
11 the Board of Trustees of the Internal Improvement Trust Fund
12 as required in chapter 253. Land acquisition pursuant to this
13 section shall be voluntary, negotiated acquisition and, where
14 title is to be vested in the Board of Trustees of the Internal
15 Improvement Trust Fund, is subject to the acquisition
16 procedures of s. 253.025.
17 (d) Acquisition costs shall include purchase prices
18 and costs and fees associated with title work, surveys, and
19 appraisals required to complete an acquisition.
20 Section 106. Subsection (1), paragraph (c) of
21 subsection (3), and subsection (4) of section 372.105, Florida
22 Statutes, are amended to read:
23 372.105 Lifetime Fish and Wildlife Trust Fund.--
24 (1) There is established within the Fish and Wildlife
25 Conservation Game and Fresh Water Fish Commission the Lifetime
26 Fish and Wildlife Trust Fund to be used for the purpose of
27 supporting fish and wildlife conservation programs of the
28 state in accordance with this section.
29 (3) The fund is declared to constitute a special trust
30 derived from a contractual relationship between the state and
31 the members of the public whose investments contribute to the
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1 fund. In recognition of such special trust, the following
2 limitations and restrictions are placed on expenditures from
3 the funds:
4 (c) No expenditures or disbursements from the interest
5 income derived from the sale of lifetime licenses shall be
6 made for any purpose until the respective holders of such
7 licenses attain the age of 16 years. The Fish and Wildlife
8 Conservation Game and Fresh Water Fish Commission as
9 administrator of the fund shall determine actuarially on an
10 annual basis the amounts of interest income within the fund
11 which may be disbursed pursuant to this paragraph. The
12 director shall cause deposits of proceeds from the sale of
13 lifetime licenses to be identifiable by the ages of the
14 license recipients.
15 (4) In the event of a future dissolution or
16 reorganization of the Fish and Wildlife Conservation Game and
17 Fresh Water Fish Commission, any state agency which succeeds
18 the commission or assumes its constitutional or statutory
19 responsibilities shall, through its agency head acting ex
20 officio, assume the trusteeship of the fund and shall be bound
21 by all the limitations and restrictions placed by this section
22 on expenditures from the fund. No repeal or modification of
23 this chapter or s. 9, Art. IV of the State Constitution shall
24 alter the fundamental purposes to which the fund may be
25 applied. No dissolution or reorganization of the Fish and
26 Wildlife Conservation Game and Fresh Water Fish Commission
27 shall invalidate any lifetime license issued in accordance
28 with this section.
29 Section 107. Subsection (1) of section 372.106,
30 Florida Statutes, is amended to read:
31 372.106 Dedicated License Trust Fund.--
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1 (1) There is established within the Fish and Wildlife
2 Conservation Game and Fresh Water Fish Commission the
3 Dedicated License Trust Fund. The fund shall be credited with
4 moneys collected pursuant to ss. 370.0605 and 372.57 for
5 5-year licenses and replacement 5-year licenses.
6 Section 108. Section 372.12, Florida Statutes, is
7 amended to read:
8 372.12 Acquisition of state game lands.--The Fish and
9 Wildlife Conservation Game and Fresh Water Fish Commission,
10 with the approval of the Governor, may acquire, in the name of
11 the state, lands and waters suitable for the protection and
12 propagation of game, fish, nongame birds or fur-bearing
13 animals, or for hunting purposes, game farms, by purchase,
14 lease, gift or otherwise to be known as state game lands. The
15 said commission may erect such buildings and fences as may be
16 deemed necessary to properly maintain and protect such lands,
17 or for propagation of game, nongame birds, freshwater fish or
18 fur-bearing animals. The title of land acquired by purchase,
19 lease, gift or otherwise, shall be approved by the Department
20 of Legal Affairs. The deed to such lands shall be deposited
21 as are deeds to other state lands. No such lands shall be
22 purchased at a price to exceed $10 per acre. No property
23 acquired under this section shall be exempt from state, county
24 or district taxation.
25 Section 109. Subsection (1) of section 372.121,
26 Florida Statutes, is amended to read:
27 372.121 Control and management of state game lands.--
28 (1) The Fish and Wildlife Conservation Game and Fresh
29 Water Fish Commission is authorized to make, adopt,
30 promulgate, amend, repeal, and enforce all reasonable rules
31 and regulations necessary for the protection, control,
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1 operation, management, or development of lands or waters owned
2 by, leased by, or otherwise assigned to, the commission for
3 fish or wildlife management purposes, including but not being
4 limited to the right of ingress and egress. Before any such
5 rule or regulation is adopted, other than one relating to wild
6 animal life or freshwater aquatic life, the commission shall
7 obtain the consent and agreement, in writing, of the owner, in
8 the case of privately owned lands or waters, or the owner or
9 primary custodian, in the case of public lands or waters.
10 Section 110. Subsections (1), (2), and (4) of section
11 372.16, Florida Statutes, are amended to read:
12 372.16 Private game preserves and farms; penalty.--
13 (1) Any person owning land in this state may, after
14 having secured a license therefor from the Fish and Wildlife
15 Conservation Game and Fresh Water Fish Commission, establish,
16 maintain, and operate within the boundaries thereof, a private
17 preserve and farm, not exceeding an area of 640 acres, for the
18 protection, preservation, propagation, rearing, and production
19 of game birds and animals for private and commercial purposes,
20 provided that no two game preserves shall join each other or
21 be connected.
22 (2) All private game preserves or farms established
23 under the provisions of this section shall be fenced in such
24 manner that domestic game thereon may not escape and wild game
25 on surrounding lands may not enter and shall be subject at any
26 time to inspection by the Fish and Wildlife Conservation Game
27 and Fresh Water Fish Commission, or its conservation officers.
28 Such private preserve or farm shall be equipped and operated
29 in such manner as to provide sufficient food and humane
30 treatment for the game kept thereon. Game reared or produced
31 on private game preserves and farms shall be considered
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1 domestic game and private property and may be sold or disposed
2 of as such and shall be the subject of larceny. Live game may
3 be purchased, sold, shipped, and transported for propagation
4 and restocking purposes only at any time. Such game may be
5 sold for food purposes only during the open season provided by
6 law for such game. All game killed must be killed on the
7 premises of such private game preserve or farm and must be
8 killed by means other than shooting, except during the open
9 season. All domestic game sold for food purposes must be
10 marked or tagged in a manner prescribed by the Fish and
11 Wildlife Conservation Game and Fresh Water Fish Commission;
12 and the owner or operator of such private game preserve or
13 farm shall report to the said commission, on blanks to be
14 furnished by it, each sale or shipment of domestic game, such
15 reports showing the quantity and kind of game shipped or sold
16 and to whom sold. Such report shall be made not later than 5
17 days following such sale or shipment. Game reared or produced
18 as aforesaid may be served as such by hotels, restaurants, or
19 other public eating places during the open season provided by
20 law on such particular species of game, under such regulations
21 as the commission may prescribe.
22 (4) Any person violating the provisions of this
23 section shall for the first offense be guilty of a misdemeanor
24 of the second degree, punishable as provided in s. 775.082 or
25 s. 775.083, and for a second or subsequent offense shall be
26 guilty of a misdemeanor of the first degree, punishable as
27 provided in s. 775.082 or s. 775.083. Any person convicted of
28 violating the provisions of this section shall forfeit, to the
29 Fish and Wildlife Conservation Game and Fresh Water Fish
30 Commission, any license or permit issued under the provisions
31 hereof; and no further license or permit shall be issued to
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1 such person for a period of 1 year following such conviction.
2 Before any private game preserve or farm is established, the
3 owner or operator shall secure a license from the Fish and
4 Wildlife Conservation Game and Fresh Water Fish Commission,
5 the fee for which shall be $5 per year.
6 Section 111. Subsection (1) of section 372.26, Florida
7 Statutes, is amended to read:
8 372.26 Imported fish.--
9 (1) No person shall import into the state or place in
10 any of the fresh waters of the state any freshwater fish of
11 any species without having first obtained a permit from the
12 Fish and Wildlife Conservation Game and Fresh Water Fish
13 Commission. The commission is authorized to issue or deny such
14 a permit upon the completion of studies of the species made by
15 it to determine any detrimental effect the species might have
16 on the ecology of the state.
17 Section 112. Subsections (1) and (2) of section
18 372.265, Florida Statutes, are amended to read:
19 372.265 Regulation of foreign animals.--
20 (1) It is unlawful to import for sale or use, or to
21 release within this state, any species of the animal kingdom
22 not indigenous to Florida without having obtained a permit to
23 do so from the Fish and Wildlife Conservation Game and Fresh
24 Water Fish Commission.
25 (2) The Fish and Wildlife Conservation Game and Fresh
26 Water Fish Commission is authorized to issue or deny such a
27 permit upon the completion of studies of the species made by
28 it to determine any detrimental effect the species might have
29 on the ecology of the state.
30 Section 113. Section 372.27, Florida Statutes, is
31 amended to read:
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1 372.27 Silver Springs and Rainbow Springs, etc.,
2 closed to all fishing.--It is unlawful for any person to take
3 any fish within Marion County, from the waters of Rainbow
4 Springs and Rainbow River (formerly known as Blue Springs and
5 Blue Springs River) within a radius of 1 mile from the head of
6 said spring or from the waters of Silver Springs or Silver
7 Springs Run from the head of said spring to its junction with
8 the Oklawaha River; provided, that the Fish and Wildlife
9 Conservation Commission of Game and Fresh Water Fish may
10 remove or cause to be removed any gar, mud fish or other
11 predatory fish when in its judgment their removal is
12 desirable.
13 Section 114. Section 372.31, Florida Statutes, is
14 amended to read:
15 372.31 Disposition of illegal fishing devices.--
16 (1) In all cases of arrest and conviction for use of
17 illegal nets or traps or fishing devices, as provided in this
18 chapter, such illegal net, trap, or fishing device is declared
19 to be a nuisance and shall be seized and carried before the
20 court having jurisdiction of such offense and said court shall
21 order such illegal trap, net or fishing device forfeited to
22 the Fish and Wildlife Conservation Game and Fresh Water Fish
23 Commission immediately after trial and conviction of the
24 person in whose possession they were found. When any illegal
25 net, trap or fishing device is found in the fresh waters of
26 the state, and the owner of same shall not be known to the
27 officer finding the same, such officer shall immediately
28 procure from the county court judge an order forfeiting said
29 illegal net, trap or fishing device to the Fish and Wildlife
30 Conservation Game and Fresh Water Fish Commission. The Fish
31 and Wildlife Conservation Game and Fresh Water Fish Commission
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1 may destroy such illegal net, trap or fishing device, if in
2 its judgment said net, trap or fishing device is not of value
3 in the work of the department.
4 (2) When any nets, traps, or fishing devices are found
5 being used illegally as provided in this chapter, the same
6 shall be seized and forfeited to the Fish and Wildlife
7 Conservation Game and Fresh Water Fish Commission as provided
8 in this chapter.
9 Section 115. Subsection (7) of section 372.57, Florida
10 Statutes, 1998 Supplement, is amended to read:
11 372.57 Licenses and permits; exemptions; fees.--No
12 person, except as provided herein, shall take game, freshwater
13 fish, or fur-bearing animals within this state without having
14 first obtained a license, permit, or authorization and paid
15 the fees hereinafter set forth, unless such license is issued
16 without fee as provided in s. 372.561. Such license, permit,
17 or authorization shall authorize the person to whom it is
18 issued to take game, freshwater fish, or fur-bearing animals
19 in accordance with law and commission rules. Such license,
20 permit, or authorization is not transferable. Each license or
21 permit must bear on its face in indelible ink the name of the
22 person to whom it is issued and other information requested by
23 the commission. Such license, permit, or authorization issued
24 by the commission or any agent must be in the personal
25 possession of the person to whom issued while taking game,
26 freshwater fish, or fur-bearing animals. The failure of such
27 person to exhibit such license, permit, or authorization to
28 the commission or its wildlife officers, when such person is
29 found taking game, freshwater fish, or fur-bearing animals, is
30 a violation of law. A positive form of identification is
31 required when using an authorization, a lifetime license, a
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1 5-year license, or when otherwise required by the license or
2 permit. The lifetime licenses and 5-year licenses provided
3 herein shall be embossed with the name, date of birth, the
4 date of issuance, and other pertinent information as deemed
5 necessary by the commission. A certified copy of the
6 applicant's birth certificate shall accompany all applications
7 for a lifetime license for residents 12 years of age and
8 younger. Each applicant for a license, permit, or
9 authorization shall provide the applicant's social security
10 number on the application form. Disclosure of social security
11 numbers obtained through this requirement shall be limited to
12 the purpose of administration of the Title IV-D child support
13 enforcement program and use by the commission, and as
14 otherwise provided by law.
15 (7) A resident lifetime sportsman's license authorizes
16 the holder to engage in the following noncommercial
17 activities:
18 (a) To take or attempt to take or possess freshwater
19 fish, marine fish, and game, consistent with state and federal
20 regulations and rules of the commission and the Department of
21 Environmental Protection in effect at the time of taking.
22 (b) All activities authorized by a management area
23 permit, a muzzle-loading gun permit, a turkey permit, an
24 archery permit, a Florida waterfowl permit, a snook permit,
25 and a crawfish permit.
26 Section 116. Subsection (2) of section 372.5714,
27 Florida Statutes, is amended to read:
28 372.5714 Waterfowl Advisory Council.--
29 (2) The council shall meet at least once a year either
30 in person or by a telephone conference call, shall elect a
31 chair annually to preside over its meetings and perform any
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1 other duties directed by the council, and shall maintain
2 minutes of each meeting. All records of council activities
3 shall be kept on file with the Fish and Wildlife Conservation
4 Game and Fresh Water Fish Commission and shall be made
5 available to any interested person. The Fish and Wildlife
6 Conservation Game and Fresh Water Fish Commission shall
7 provide such staff support as is necessary to the council to
8 carry out its duties. Members of the council shall serve
9 without compensation, but shall be reimbursed for per diem and
10 travel expenses as provided in s. 112.061 when carrying out
11 the official business of the council.
12 Section 117. Subsection (3) of section 372.5717,
13 Florida Statutes, is amended to read:
14 372.5717 Hunter safety course; requirements;
15 penalty.--
16 (3) The Fish and Wildlife Conservation Game and Fresh
17 Water Fish Commission shall institute and coordinate a
18 statewide hunter safety course which must be offered in every
19 county and consist of not less than 12 hours nor more than 16
20 hours of instruction including, but not limited to,
21 instruction in the competent and safe handling of firearms,
22 conservation, and hunting ethics.
23 Section 118. Section 372.5718, Florida Statutes, is
24 amended to read:
25 372.5718 Hunter safety course for juveniles.--The Fish
26 and Wildlife Conservation Game and Fresh Water Fish Commission
27 shall develop a hunter safety course for juveniles who are at
28 least 5 years of age but less than 16 years of age. The course
29 must include, but is not limited to, instruction in the
30 competent and safe handling of firearms, conservation, and
31 hunting ethics. The course must be appropriate for the ages of
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1 the students. The course is voluntary and must be offered in
2 each county in the state at least annually. The course is in
3 addition to, and not in lieu of, the hunter safety course
4 prescribed in s. 372.5717.
5 Section 119. Paragraph (e) of subsection (2) of
6 section 372.574, Florida Statutes, 1998 Supplement, is amended
7 to read:
8 372.574 Appointment of subagents for the sale of
9 hunting, fishing, and trapping licenses and permits.--
10 (2) If a tax collector elects not to appoint
11 subagents, the commission may appoint subagents within that
12 county. Subagents shall serve at the pleasure of the
13 commission. The commission may establish, by rule, procedures
14 for selection of subagents. The following are requirements
15 for subagents so appointed:
16 (e) A subagent may charge and receive as his or her
17 compensation 50 cents for each license or permit sold. This
18 charge is in addition to the sum required by law to be
19 collected for the sale and issuance of each license or permit.
20 In addition, no later than July 1, 1997, a subagent fee for
21 the sale of licenses over the telephone by credit card shall
22 be established by competitive bid procedures which are
23 overseen by the Fish and Wildlife Conservation Game and Fresh
24 Water Fish Commission.
25 Section 120. Section 372.651, Florida Statutes, is
26 amended to read:
27 372.651 Haul seine and trawl permits; freshwater lakes
28 in excess of 500 square miles; fees.--
29 (1) The Fish and Wildlife Conservation Game and Fresh
30 Water Fish Commission is authorized to issue permits for each
31
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1 haul seine or trawl used in freshwater lakes in the state
2 having an area in excess of 500 square miles.
3 (2) The commission may charge an annual fee for the
4 issuance of such permits which shall not exceed:
5 (a) For a resident trawl permit, $50.
6 (b) For a resident haul seine permit, $100.
7 (c) For a nonresident or alien trawl or haul seine
8 permit, $500.
9 Section 121. Subsection (1) of section 372.653,
10 Florida Statutes, is amended to read:
11 372.653 Required tagging of fish; lakes in excess of
12 500 square miles; tag fee; game fish taken in lakes of 500
13 square miles or less.--
14 (1)(a) No game fish taken from, or caught in, a lake
15 in this state the area of which is in excess of 500 square
16 miles shall be sold for consumption in this state unless it is
17 tagged in the manner required by the Fish and Wildlife
18 Conservation Game and Fresh Water Fish Commission. Bass or
19 pickerel taken by any method other than hook and line shall be
20 returned immediately to the water. Trawls and haul seines
21 shall not be operated within 1 mile of rooted aquatic
22 vegetation.
23 (b) In order that such program of tagging be
24 self-sufficient, the Fish and Wildlife Conservation Game and
25 Fresh Water Fish Commission is authorized to assess a fee of
26 not more than 5 cents per tag, payable at the time of delivery
27 of the tag.
28 Section 122. Subsections (5) and (6) of section
29 372.66, Florida Statutes, are amended to read:
30 372.66 License required for fur and hide dealers.--
31
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1 (5) All agents' licenses shall be applied for by, and
2 issued to, a resident state dealer or nonresident dealer and
3 shall show name and residence of such agent and shall be in
4 possession of such agent at all times when engaged in buying
5 furs or hides. Application for such licenses shall be made to
6 the Fish and Wildlife Conservation Game and Fresh Water Fish
7 Commission on blanks furnished by it.
8 (6) All dealers and buyers shall forward to the Fish
9 and Wildlife Conservation Game and Fresh Water Fish Commission
10 each 2 weeks during open season a report showing number and
11 kind of hides bought and name of trapper from whom bought and
12 the trapper's license number, or if trapper is exempt from
13 license under any of the provisions of this chapter, such
14 report shall show the nature of such exemption. No common
15 carrier shall knowingly ship or transport or receive for
16 transportation any hides or furs unless such shipments have
17 marked thereon name of shipper and the number of her or his
18 fur-animal license or fur dealer's license.
19 Section 123. Subsection (1) of section 372.661,
20 Florida Statutes, is amended to read:
21 372.661 Private hunting preserve, license;
22 exception.--
23 (1) Any person who operates a private hunting preserve
24 commercially or otherwise shall be required to pay a license
25 fee of $25 for each such preserve; provided, however, that
26 during the open season established for wild game of any
27 species a private individual may take artificially propagated
28 game of such species up to the bag limit prescribed for the
29 particular species without being required to pay the license
30 fee required by this section; provided further that if any
31 such individual shall charge a fee for taking such game she or
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1 he shall be required to pay the license fee required by this
2 section and to comply with the rules and regulations of the
3 Fish and Wildlife Conservation Game and Fresh Water Fish
4 Commission relative to the operation of private hunting
5 preserves.
6 Section 124. Section 372.662, Florida Statutes, is
7 amended to read:
8 372.662 Unlawful sale, possession, or transporting of
9 alligators or alligator skins.--Whenever the sale, possession,
10 or transporting of alligators or alligator skins is prohibited
11 by any law of this state, or by the rules, regulations, or
12 orders of the Fish and Wildlife Conservation Game and Fresh
13 Water Fish Commission adopted pursuant to s. 9, Art. IV of the
14 State Constitution, the sale, possession, or transporting of
15 alligators or alligator skins is a misdemeanor of the first
16 degree, punishable as provided in s. 775.082 or s. 775.083.
17 Section 125. Subsection (1) of section 372.663,
18 Florida Statutes, is amended to read:
19 372.663 Illegal killing, possessing, or capturing of
20 alligators or other crocodilia or eggs; confiscation of
21 equipment.--
22 (1) It is unlawful to intentionally kill, injure,
23 possess, or capture, or attempt to kill, injure, possess, or
24 capture, an alligator or other crocodilian, or the eggs of an
25 alligator or other crocodilian, unless authorized by the rules
26 of the Fish and Wildlife Conservation Game and Fresh Water
27 Fish Commission. Any person who violates this section is
28 guilty of a felony of the third degree, punishable as provided
29 in s. 775.082, s. 775.083, or s. 775.084, in addition to such
30 other punishment as may be provided by law. Any equipment,
31 including but not limited to weapons, vehicles, boats, and
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1 lines, used by a person in the commission of a violation of
2 any law, rule, regulation, or order relating to alligators or
3 other crocodilia or the eggs of alligators or other crocodilia
4 shall, upon conviction of such person, be confiscated by the
5 Fish and Wildlife Conservation Game and Fresh Water Fish
6 Commission and disposed of according to rules and regulations
7 of the commission. The arresting officer shall promptly make
8 a return of the seizure, describing in detail the property
9 seized and the facts and circumstances under which it was
10 seized, including the names of all persons known to the
11 officer who have an interest in the property.
12 Section 126. Section 372.664, Florida Statutes, is
13 amended to read:
14 372.664 Prima facie evidence of intent to violate laws
15 protecting alligators.--Except as otherwise provided by rule
16 of the Fish and Wildlife Conservation Game and Fresh Water
17 Fish Commission for the purpose of the limited collection of
18 alligators in designated areas, the display or use of a light
19 in a place where alligators might be known to inhabit in a
20 manner capable of disclosing the presence of alligators,
21 together with the possession of firearms, spear guns, gigs,
22 and harpoons customarily used for the taking of alligators,
23 during the period between 1 hour after sunset and 1 hour
24 before sunrise shall be prima facie evidence of an intent to
25 violate the provisions of law regarding the protection of
26 alligators.
27 Section 127. Subsection (2) of section 372.6645,
28 Florida Statutes, is amended to read:
29 372.6645 Unlawful to sell alligator products;
30 penalty.--
31
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1 (2) No person shall sell any alligator product
2 manufactured from a species which has been declared to be
3 endangered by the United States Fish and Wildlife Service or
4 the Fish and Wildlife Conservation Game and Fresh Water Fish
5 Commission.
6 Section 128. Subsections (1) and (2) of section
7 372.667, Florida Statutes, are amended to read:
8 372.667 Feeding or enticement of alligators or
9 crocodiles unlawful; penalty.--
10 (1) No person shall intentionally feed, or entice with
11 feed, any wild American alligator (Alligator mississippiensis)
12 or American crocodile (Crocodylus acutus). However, the
13 provisions of this section shall not apply to:
14 (a) Those persons feeding alligators or crocodiles
15 maintained in protected captivity for educational, scientific,
16 commercial, or recreational purposes.
17 (b) Fish and Wildlife Conservation Game and Fresh
18 Water Fish Commission personnel, persons licensed or otherwise
19 authorized by the commission, or county or municipal animal
20 control personnel when relocating alligators or crocodiles by
21 baiting or enticement.
22 (2) For the purposes of this section, the term
23 "maintained in protected captivity" means held in captivity
24 under a permit issued by the Fish and Wildlife Conservation
25 Game and Fresh Water Fish Commission pursuant to s. 372.921 or
26 s. 372.922.
27 Section 129. Subsection (1) of section 372.6672,
28 Florida Statutes, 1998 Supplement, is amended to read:
29 372.6672 Alligator management and trapping program
30 implementation; commission authority.--
31
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1 (1) In any alligator management and trapping program
2 that the Fish and Wildlife Conservation Game and Fresh Water
3 Fish Commission shall establish, the commission shall have the
4 authority to adopt all rules necessary for full and complete
5 implementation of such alligator management and trapping
6 program, and, in order to ensure its lawful, safe, and
7 efficient operation in accordance therewith, may:
8 (a) Regulate the marketing and sale of alligators,
9 their hides, eggs, meat, and byproducts, including the
10 development and maintenance of a state-sanctioned sale.
11 (b) Regulate the handling and processing of
12 alligators, their eggs, hides, meat, and byproducts, for the
13 lawful, safe, and sanitary handling and processing of same.
14 (c) Regulate commercial alligator farming facilities
15 and operations for the captive propagation and rearing of
16 alligators and their eggs.
17 (d) Provide hide-grading services by two or more
18 individuals pursuant to state-sanctioned sales if rules are
19 first promulgated by the commission governing:
20 1. All grading-related services to be provided
21 pursuant to this section;
22 2. Criteria for qualifications of persons to serve as
23 hide-graders for grading services to be provided pursuant to
24 this section; and
25 3. The certification process by which hide-graders
26 providing services pursuant to this section will be certified.
27 (e) Provide sales-related services by contract
28 pursuant to state-sanctioned sales if rules governing such
29 services are first promulgated by the commission.
30
31
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1 Section 130. Subsections (1) and (3) of section
2 372.672, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 372.672 Florida Panther Research and Management Trust
5 Fund.--
6 (1) There is established within the Fish and Wildlife
7 Conservation Game and Fresh Water Fish Commission the Florida
8 Panther Research and Management Trust Fund to be used
9 exclusively for the purposes of this section.
10 (3) The Fish and Wildlife Conservation Game and Fresh
11 Water Fish Commission is authorized to receive donations for
12 deposit into the Florida Panther Research and Management Trust
13 Fund.
14 Section 131. Section 372.673, Florida Statutes, is
15 amended to read:
16 372.673 Florida Panther Technical Advisory Council.--
17 (1) The Florida Panther Technical Advisory Council is
18 established within the Fish and Wildlife Conservation Game and
19 Fresh Water Fish Commission. The council shall be appointed
20 by the Governor and shall consist of seven members with
21 technical knowledge and expertise in the research and
22 management of large mammals.
23 (a) Two members shall represent state or federal
24 agencies responsible for management of endangered species; two
25 members, who must have specific experience in the research and
26 management of large felines or large mammals, shall be
27 appointed from universities, colleges, or associated
28 institutions; and three members, with similar expertise, shall
29 be appointed from the public at large.
30 (b) As soon as practicable after July 1, 1983, one
31 member representing a state or federal agency and one member
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1 appointed from a university, college, or associated
2 institution shall be appointed for terms ending August 1,
3 1985, and the remaining members shall be appointed for terms
4 ending August 1, 1987. Thereafter, all appointments shall be
5 for 4-year terms. If a vacancy occurs, a member shall be
6 appointed for the remainder of the unexpired term. A member
7 whose term has expired shall continue sitting on the council
8 with full rights until a replacement has been appointed.
9 (c) Council members shall be reimbursed pursuant to s.
10 112.061 but shall receive no additional compensation or
11 honorarium.
12 (2) The purposes of the council are:
13 (a) To serve in an advisory capacity to the Fish and
14 Wildlife Conservation Florida Game and Fresh Water Fish
15 Commission on technical matters of relevance to the Florida
16 panther recovery program, and to recommend specific actions
17 that should be taken to accomplish the purposes of this act.
18 (b) To review and comment on research and management
19 programs and practices to identify potential harm to the
20 Florida panther population.
21 (c) To provide a forum for technical review and
22 discussion of the status and development of the Florida
23 panther recovery program.
24 Section 132. Subsections (1), (2), and (7) of section
25 372.674, Florida Statutes, 1998 Supplement, are amended to
26 read:
27 372.674 Environmental education.--
28 (1) The Fish and Wildlife Conservation Game and Fresh
29 Water Fish Commission may establish programs and activities to
30 develop and distribute environmental education materials that
31 will assist the public in understanding and appreciating
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1 Florida's environment and problems and issues facing our
2 state's unique and fragile ecological systems. Such programs
3 shall assist school teachers, state administrators, and others
4 in the essential mission to preserve the capability to sustain
5 the functions of our lands, water, wildlife habitats, and
6 other natural resources in the most healthful, enjoyable, and
7 productive manner.
8 (2) There is created within the Fish and Wildlife
9 Conservation Game and Fresh Water Fish Commission the Advisory
10 Council on Environmental Education. The council is to have up
11 to 10 members appointed by the commission and is to be chaired
12 by the commission's executive director or his or her designee.
13 At a minimum, the council must include a representative of the
14 Department of Education and a representative of the Department
15 of Environmental Protection.
16 (7) The Fish and Wildlife Conservation Game and Fresh
17 Water Fish Commission shall review the recommended list of
18 projects to be funded from the Florida Panther Research and
19 Management Trust Fund and the Save the Manatee Trust Fund by
20 August of each year and make a final determination of projects
21 to receive grants from available appropriations by the
22 Legislature. The commission shall act upon the recommended
23 list within 45 days after receipt of the list.
24 Section 133. Section 372.70, Florida Statutes, is
25 amended to read:
26 372.70 Prosecutions.--The prosecuting officers of the
27 several courts of criminal jurisdiction of this state shall
28 investigate and prosecute all violations of the laws relating
29 to game, freshwater fish, nongame birds and fur-bearing
30 animals which may be brought to their attention by the Fish
31 and Wildlife Conservation Game and Fresh Water Fish Commission
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1 or its conservation officers, or which may otherwise come to
2 their knowledge.
3 Section 134. Subsection (1) of section 372.701,
4 Florida Statutes, is amended to read:
5 372.701 Arrest by officers of the Fish and Wildlife
6 Conservation Game and Fresh Water Fish Commission;
7 recognizance; cash bond; citation.--
8 (1) In all cases of arrest by officers of the Fish and
9 Wildlife Conservation Game and Fresh Water Fish Commission and
10 the Department of Environmental Protection, the person
11 arrested shall be delivered forthwith by said officer to the
12 sheriff of the county, or shall obtain from such person
13 arrested a recognizance or, if deemed necessary, a cash bond
14 or other sufficient security conditioned for her or his
15 appearance before the proper tribunal of such county to answer
16 the charge for which the person has been arrested.
17 Section 135. Section 372.7015, Florida Statutes, is
18 amended to read:
19 372.7015 Illegal killing, taking, possessing, or
20 selling wildlife or game; fines; disposition of fines.--In
21 addition to any other penalty provided by law, any person who
22 violates the criminal provisions of this chapter and rules
23 adopted pursuant to this chapter by illegally killing, taking,
24 possessing, or selling game or fur-bearing animals as defined
25 in s. 372.001(3) or (4) in or out of season while violating
26 chapter 810 shall pay a fine of $250 for each such violation,
27 plus court costs and any restitution ordered by the court. All
28 fines collected under this section shall be deposited into the
29 Fish and Wildlife Conservation Game and Fresh Water Fish
30 Commission's State Game Trust Fund.
31
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1 Section 136. Subsection (1) of section 372.7016,
2 Florida Statutes, is amended to read:
3 372.7016 Voluntary Authorized Hunter Identification
4 Program.--
5 (1) There is created the "Voluntary Authorized Hunter
6 Identification Program" to assist landowners and law
7 enforcement officials in better controlling trespass and
8 illegal or unauthorized hunting. Landowners wishing to
9 participate in the program shall:
10 (a) Annually notify the sheriff's office in the county
11 in which the land is situated and the respective area
12 supervisor of the Fish and Wildlife Conservation Game and
13 Fresh Water Fish Commission by letter of their desire to
14 participate in the program, and provide a description of their
15 property which they wish to have in the program by township,
16 range, section, partial section, or other geographical
17 description.
18 (b) Provide a means of identifying authorized hunters
19 as provided in subsection (2).
20 Section 137. Section 372.72, Florida Statutes, is
21 amended to read:
22 372.72 Disposition of fines, penalties, and
23 forfeitures.--
24 (2) All moneys collected from fines, penalties, or
25 forfeitures of bail of persons convicted of violations of
26 rules, regulations, or orders of the Fish and Wildlife
27 Conservation Game and Fresh Water Fish Commission concerning
28 endangered or threatened species or of violation of s.
29 372.662, s. 372.663, s. 372.667, or s. 372.671 shall be
30 deposited in the Nongame Wildlife Trust Fund.
31
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1 Section 138. Section 372.73, Florida Statutes, is
2 amended to read:
3 372.73 Confiscation and disposition of illegally taken
4 game.--All game and freshwater fish seized under the authority
5 of this chapter shall, upon conviction of the offender or
6 sooner if the court so orders, be forfeited and given to some
7 hospital or charitable institution and receipt therefor sent
8 to the Fish and Wildlife Conservation Game and Fresh Water
9 Fish Commission. All furs or hides or fur-bearing animals
10 seized under the authority of this chapter shall, upon
11 conviction of the offender, be forfeited and sent to the
12 commission, which shall sell the same and deposit the proceeds
13 of such sale to the credit of the State Game Trust Fund or
14 into the commission's Federal Law Enforcement Trust Fund as
15 provided in s. 372.107, as applicable. If any such hides or
16 furs are seized and the offender is unknown, the court shall
17 order such hides or furs sent to the Fish and Wildlife
18 Conservation Game and Fresh Water Fish Commission, which shall
19 sell such hides and furs and deposit the proceeds of such sale
20 to the credit of the State Game Trust Fund or into the
21 commission's Federal Law Enforcement Trust Fund as provided in
22 s. 372.107, as applicable.
23 Section 139. Section 372.74, Florida Statutes, is
24 amended to read:
25 372.74 Cooperative agreements with U. S. Forest
26 Service; penalty.--The Fish and Wildlife Conservation Game and
27 Fresh Water Fish Commission is authorized and empowered:
28 (1) To enter into cooperative agreements with the
29 United States Forest Service for the development of game,
30 bird, fish, reptile or fur-bearing animal management and
31 demonstration projects on and in the Osceola National Forest
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1 in Columbia and Baker Counties, and in the Ocala National
2 Forest in Marion, Lake, and Putnam Counties and in the
3 Apalachicola National Forest in Liberty County. Provided,
4 however, that no such cooperative agreements shall become
5 effective in any county concerned until confirmed by the board
6 of county commissioners of such county expressed through
7 appropriate resolution.
8 (2) In cooperation with the United States Forest
9 Service, to make, adopt, promulgate, amend and repeal rules
10 and regulations, consistent with law, for the further or
11 better control of hunting, fishing, and control of wildlife in
12 the above National Forests or parts thereof; to shorten
13 seasons and reduce bag limits, or shorten or close seasons on
14 any species of game, bird, fish, reptile, or fur-bearing
15 animal within the limits prescribed by the Florida law, in the
16 above enumerated National Forests or parts thereof, when it
17 shall find after investigation that such action is necessary
18 to assure the maintenance of an adequate supply of wildlife.
19 (3) To fix a charge not to exceed $5, for persons 18
20 years of age and over, and not to exceed $2 for persons under
21 the age of 18 years, over and above the license fee for
22 hunting now required by law. This additional fee is to apply
23 only on areas covered by above cooperative agreements. The
24 proceeds from this additional license fee shall be used in the
25 development, propagation of wildlife and protection of the
26 areas covered by the cooperative agreements as the commission
27 and the United States Forest Service may deem proper. Nothing
28 in this section shall be construed as authorizing the
29 commission to change any penalty prescribed by law or to
30 change the amount of general license fees or the general
31 authority conferred by licenses prescribed by law.
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1 (4) In addition to the requirements of chapter 120,
2 notice of the making, adoption, and promulgation of the above
3 rules and regulations shall be given by posting said notices,
4 or copies of the rules and regulations, in the offices of the
5 county judges and in the post offices within the area to be
6 affected and within 10 miles thereof. In addition to the
7 posting of said notices, as aforesaid, copies of said notices
8 or of said rules and regulations shall also be published in
9 newspapers published at the county seats of Baker, Columbia,
10 Marion, Lake, Putnam, and Liberty Counties, or so many thereof
11 as have newspapers, once not more than 35 nor less than 28
12 days and once not more than 21 nor less than 14 days prior to
13 the opening of the state hunting season in said areas. Any
14 person violating any rules or regulations promulgated by the
15 commission to cover these areas under cooperative agreements
16 between the Fish and Wildlife Conservation Commission State
17 Commission of Game and Fresh Water Fish and the United States
18 Forest Service, none of which shall be in conflict with the
19 laws of Florida, shall be guilty of a misdemeanor of the
20 second degree, punishable as provided in s. 775.082 or s.
21 775.083.
22 Section 140. Section 372.76, Florida Statutes, is
23 amended to read:
24 372.76 Search and seizure authorized and limited.--The
25 Fish and Wildlife Conservation Game and Fresh Water Fish
26 Commission and its conservation officers shall have authority
27 when they have reasonable and probable cause to believe that
28 the provisions of this chapter have been violated, to board
29 any vessel, boat, or vehicle or to enter any fishhouse or
30 warehouse or other building, exclusive of residence, in which
31 game, hides, fur-bearing animals, fish, or fish nets are kept
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1 and to search for and seize any such game, hides, fur-bearing
2 animals, fish, or fish nets had or held therein in violation
3 of law. Provided, however, that no search without warrant
4 shall be made under any of the provisions of this chapter,
5 unless the officer making such search has such information
6 from a reliable source as would lead a prudent and cautious
7 person to believe that some provision of this chapter is being
8 violated.
9 Section 141. Subsection (1) of section 372.761,
10 Florida Statutes, is amended to read:
11 372.761 Issuance of warrant for search of private
12 dwelling.--
13 (1) A search warrant may be issued on application by a
14 commissioned officer of the Fish and Wildlife Conservation
15 Game and Fresh Water Fish Commission to search any private
16 dwelling occupied as such when it is being used for the
17 unlawful sale or purchase of wildlife or freshwater fish being
18 unlawfully kept therein. The term "private dwelling" shall be
19 construed to include the room or rooms used and occupied, not
20 transiently but solely as a residence, in an apartment house,
21 hotel, boardinghouse, or lodginghouse. No warrant for the
22 search of any private dwelling shall be issued except upon
23 probable cause supported by sworn affidavit of some creditable
24 witness that she or he has reason to believe that the said
25 conditions exist, which affidavit shall set forth the facts on
26 which such reason for belief is based.
27 Section 142. Subsections (1) and (2) of section
28 372.77, Florida Statutes, are amended to read:
29 372.77 Assent to provisions of Act of Congress of
30 September 2, 1937.--
31
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1 (1) The state hereby assents to the provisions of the
2 Act of Congress entitled "An Act to provide that the United
3 States shall aid the States in Wildlife Restoration Projects,
4 and for other purposes," approved September 2, 1937 (Pub. L.
5 No. 415, 75th Congress), and the Fish and Wildlife
6 Conservation Game and Fresh Water Fish Commission is hereby
7 authorized, empowered, and directed to perform such acts as
8 may be necessary to the conduct and establishment of
9 cooperative wildlife restoration projects, as defined in said
10 Act of Congress, in compliance with said act and rules and
11 regulations promulgated by the Secretary of Agriculture
12 thereunder.
13 (2) From and after the passage of this section it
14 shall be unlawful to divert any funds accruing to the state
15 from license fees paid by hunters for any purpose other than
16 the administration of the Fish and Wildlife Conservation Game
17 and Fresh Water Fish Commission of the state.
18 Section 143. Section 372.7701, Florida Statutes, is
19 amended to read:
20 372.7701 Assent to federal acts.--
21 (1) The state hereby assents to the provisions of the
22 Federal Aid in Fish Restoration Act of August 9, 1950, as
23 amended. The Fish and Wildlife Conservation Department of
24 Environmental Protection and the Game and Fresh Water Fish
25 Commission shall work cooperatively and perform such
26 activities as are necessary to conduct wildlife and sportfish
27 restoration projects, as defined in such Act of Congress and
28 in compliance with the act and rules adopted thereunder by the
29 United States Department of the Interior. Furthermore, the
30 commission Department of Environmental Protection shall
31 develop and implement programs to manage, protect, restore and
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1 conserve marine mammals and the marine fishery, and the Game
2 and Fresh Water Fish Commission shall develop and implement
3 similar programs for wild animal life and freshwater aquatic
4 life.
5 (2) Revenues from fees paid by hunters and sport
6 fishers may not be diverted to purposes other than the
7 administration of fish and wildlife programs by the Fish and
8 Wildlife Conservation Department of Environmental Protection
9 and the Game and Fresh Water Fish Commission. Administration
10 of the state fish and wildlife programs includes only those
11 functions of fish and wildlife management as are the
12 responsibility of and under the authority of the Fish and
13 Wildlife Conservation Department of Environmental Protection
14 and the Game and Fresh Water Fish Commission.
15 (3) This section shall be construed in harmony with s.
16 372.77.
17 Section 144. Subsection (2) of section 372.771,
18 Florida Statutes, is amended to read:
19 372.771 Federal conservation of fish and wildlife;
20 limited jurisdiction.--
21 (2) The United States may exercise concurrent
22 jurisdiction over lands so acquired and carry out the intent
23 and purpose of the authority except that the existing laws of
24 Florida relating to the Department of Environmental Protection
25 or the Fish and Wildlife Conservation Game and Fresh Water
26 Fish Commission shall prevail relating to any area under their
27 supervision.
28 Section 145. Subsection (1) of section 372.85, Florida
29 Statutes, is amended to read:
30 372.85 Contaminating fresh waters.--
31
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1 (1) It shall be unlawful for any person or persons,
2 firm or corporation to cause any dyestuff, coal tar, oil,
3 sawdust, poison or deleterious substances to be thrown, run or
4 drained into any of the fresh running waters of this state in
5 quantities sufficient to injure, stupefy, or kill fish which
6 may inhabit the same at or below the point where any such
7 substances are discharged, or caused to flow or be thrown into
8 such waters; provided, that it shall not be a violation of
9 this section for any person, firm or corporation engaged in
10 any mining industry to cause any water handled or used in any
11 branch of such industry to be discharged on the surface of
12 land where such industry or branch thereof is being carried on
13 under such precautionary measures as shall be approved by the
14 Fish and Wildlife Conservation Game and Fresh Water Fish
15 Commission.
16 Section 146. Section 372.86, Florida Statutes, is
17 amended to read:
18 372.86 Possessing, exhibiting poisonous or venomous
19 reptile; license required.--No person, firm, or corporation
20 shall keep, possess or exhibit any poisonous or venomous
21 reptile without first having obtained a special permit or
22 license therefor from the Fish and Wildlife Conservation
23 Florida Game and Fresh Water Fish Commission as herein
24 provided.
25 Section 147. Section 372.87, Florida Statutes, is
26 amended to read:
27 372.87 License fee; renewal, revocation.--The Fish and
28 Wildlife Conservation Florida Game and Fresh Water Fish
29 Commission is hereby authorized and empowered to issue a
30 license or permit for the keeping, possessing or exhibiting of
31 poisonous or venomous reptiles, upon payment of an annual fee
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1 of $5 and upon assurance that all of the provisions of ss.
2 372.86-372.91 and such other reasonable rules and regulations
3 as said commission may prescribe will be fully complied with
4 in all respects. Such permit may be revoked by the Fish and
5 Wildlife Conservation 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 $5 fee and shall be subject to the same conditions,
14 limitations and restrictions as herein set forth.
15 Section 148. Section 372.88, Florida Statutes, is
16 amended to read:
17 372.88 Bond required, amount.--No person, party, firm,
18 or corporation shall exhibit to the public either with or
19 without charge, or admission fee any poisonous or venomous
20 reptile without having first posted a good and sufficient bond
21 in writing in the penal sum of $1,000 payable to the Governor
22 of the state, and the Governor's successors in office,
23 conditioned that such exhibitor will indemnify and save
24 harmless all persons from injury or damage from such poisonous
25 or venomous reptiles so exhibited and shall fully comply with
26 all laws of the state and all rules and regulations of the
27 Fish and Wildlife Conservation Florida Game and Fresh Water
28 Fish Commission governing the keeping, possessing, or
29 exhibiting of poisonous or venomous reptiles; provided,
30 however, that the aggregate liability of the surety for all
31 such injuries or damages shall, in no event, exceed the penal
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1 sum of said bond. The surety for said bond must be a surety
2 company authorized to do business under the laws of the state
3 or in lieu of such a surety, cash in the sum of $1,000 may be
4 posted with the said commission to ensure compliance with the
5 conditions of said bond.
6 Section 149. Section 372.89, Florida Statutes, is
7 amended to read:
8 372.89 Safe housing required.--All persons, firms, or
9 corporations licensed under this law to keep, possess or
10 exhibit poisonous or venomous reptiles shall provide safe,
11 secure and proper housing for said reptiles in cases, cages,
12 pits or enclosures. It shall be unlawful for any person, firm
13 or corporation, whether licensed hereunder or not, to keep,
14 possess or exhibit any poisonous or venomous reptiles in any
15 manner not approved as safe, secure and proper by the Fish and
16 Wildlife Conservation Florida Game and Fresh Water Fish
17 Commission.
18 Section 150. Section 372.901, Florida Statutes, is
19 amended to read:
20 372.901 Inspection.--Poisonous or venomous reptiles,
21 held in captivity, shall be subject to inspection by an
22 inspecting officer from the Fish and Wildlife Conservation
23 Florida Game and Fresh Water Fish Commission. The inspecting
24 officer shall determine whether the said reptiles are
25 securely, properly and safely penned. In the event that the
26 reptiles are not safely penned, the inspecting officer shall
27 report the situation in writing to the person or firm owning
28 the said reptiles. Failure of the owner or exhibitor to
29 correct the situation within 30 days after such written notice
30 shall be grounds for revocation of the license or permit of
31 said owner or exhibitor.
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1 Section 151. Section 372.911, Florida Statutes, is
2 amended to read:
3 372.911 Rewards.--The Fish and Wildlife Conservation
4 Game and Fresh Water Fish Commission is authorized to offer
5 rewards in amounts of up to $500 to any person furnishing
6 information leading to the arrest and conviction of any person
7 who has inflicted or attempted to inflict bodily injury upon
8 any wildlife officer engaged in the enforcement of the
9 provisions of this chapter or the rules and regulations of the
10 Fish and Wildlife Conservation Game and Fresh Water Fish
11 Commission.
12 Section 152. Subsection (3) of section 372.912,
13 Florida Statutes, is amended to read:
14 372.912 Organized poisonous reptile hunts.--
15 (3) All organized poisonous reptile hunts in the state
16 shall be registered with the Fish and Wildlife Conservation
17 Game and Fresh Water Fish Commission and be subject to
18 reasonable rules and regulations promulgated by said
19 commission.
20 Section 153. Section 372.92, Florida Statutes, is
21 amended to read:
22 372.92 Rules and regulations.--The Fish and Wildlife
23 Conservation Florida Game and Fresh Water Fish Commission may
24 prescribe such other rules and regulations as it may deem
25 necessary to prevent the escape of poisonous and venomous
26 reptiles, either in connection of construction of such cages
27 or otherwise to carry out the intent of ss. 372.86-372.91.
28 Section 154. Subsections (1), (2), (3), and (4) of
29 section 372.921, Florida Statutes, 1998 Supplement, are
30 amended to read:
31 372.921 Exhibition of wildlife.--
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1 (1) In order to provide humane treatment and sanitary
2 surroundings for wild animals kept in captivity, no person,
3 firm, corporation, or association shall have, or be in
4 possession of, in captivity for the purpose of public display
5 with or without charge or for public sale any wildlife,
6 specifically birds, mammals, and reptiles, whether indigenous
7 to Florida or not, without having first secured a permit from
8 the Fish and Wildlife Conservation Game and Fresh Water Fish
9 Commission authorizing such person, firm, or corporation to
10 have in its possession in captivity the species and number of
11 wildlife specified within such permit; however, this section
12 does not apply to any wildlife not protected by law and the
13 regulations of the Fish and Wildlife Conservation Game and
14 Fresh Water Fish Commission.
15 (2) The fees to be paid for the issuance of permits
16 required by subsection (1) shall be as follows:
17 (a) For not more than 10 individual specimens in the
18 aggregate of all species, the sum of $5 per annum.
19 (b) For over 10 individual specimens in the aggregate
20 of all species, the sum of $25 per annum.
21
22 The fees prescribed by this section shall be submitted to the
23 Fish and Wildlife Conservation Game and Fresh Water Fish
24 Commission with the application for permit required by
25 subsection (1) and shall be deposited in the State Game Fund.
26 (3) An applicant for a permit shall be required to
27 include in her or his application a statement showing the
28 place, number, and species of wildlife to be held in captivity
29 by the applicant and shall be required upon request by the
30 Fish and Wildlife Conservation Game and Fresh Water Fish
31 Commission to show when, where, and in what manner she or he
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1 came into possession of any wildlife acquired subsequent to
2 the effective date of this act. The source of acquisition of
3 such wildlife shall not be divulged by the commission except
4 in connection with a violation of this section or a regulation
5 of the commission in which information as to source of
6 wildlife is required as evidence in the prosecution of such
7 violation.
8 (4) Permits issued pursuant to this section and places
9 where wildlife is kept or held in captivity shall be subject
10 to inspection by officers of the Fish and Wildlife
11 Conservation Game and Fresh Water Fish Commission at all
12 times. The commission shall have the power to release or
13 confiscate any specimens of any wildlife, specifically birds,
14 mammals, or reptiles, whether indigenous to the state or not,
15 when it is found that conditions under which they are being
16 confined are unsanitary, or unsafe to the public in any
17 manner, or that the species of wildlife are being maltreated,
18 mistreated, or neglected or kept in any manner contrary to the
19 provisions of chapter 828, any such permit to the contrary
20 notwithstanding. Before any such wildlife is confiscated or
21 released under the authority of this section, the owner
22 thereof shall have been advised in writing of the existence of
23 such unsatisfactory conditions; the owner shall have been
24 given 30 days in which to correct such conditions; the owner
25 shall have failed to correct such conditions; the owner shall
26 have had an opportunity for a proceeding pursuant to chapter
27 120; and the commission shall have ordered such confiscation
28 or release after careful consideration of all evidence in the
29 particular case in question. The final order of the
30 commission shall constitute final agency action.
31
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1 Section 155. Subsection (1) of section 372.922,
2 Florida Statutes, 1998 Supplement, is amended to read:
3 372.922 Personal possession of wildlife.--
4 (1) It is unlawful for any person or persons to
5 possess any wildlife as defined in this act, whether
6 indigenous to Florida or not, until she or he has obtained a
7 permit as provided by this section from the Fish and Wildlife
8 Conservation Game and Fresh Water Fish Commission.
9 Section 156. Section 372.97, Florida Statutes, is
10 amended to read:
11 372.97 Jim Woodruff Dam; reciprocity agreements.--The
12 Fish and Wildlife Conservation Game and Fresh Water Fish
13 Commission of the state is hereby authorized to enter into an
14 agreement of the reciprocity with the game and fish
15 commissioners or the appropriate officials or departments of
16 the State of Georgia and the State of Alabama relative to the
17 taking of game and freshwater fish from the waters of the lake
18 created by the Jim Woodruff Dam by permitting reciprocal
19 license privileges.
20 Section 157. Section 372.971, Florida Statutes, is
21 amended to read:
22 372.971 St. Mary's River; reciprocity agreements.--The
23 Fish and Wildlife Conservation Game and Fresh Water Fish
24 Commission of the state is hereby authorized to enter into an
25 agreement of reciprocity with the game and fish commissioner
26 or the appropriate officials or departments of the State of
27 Georgia relative to the taking of game and freshwater fish
28 from the waters of the St. Mary's River by permitting
29 reciprocal agreement license privileges.
30 Section 158. Section 372.98, Florida Statutes, is
31 amended to read:
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1 372.98 Possession of nutria; license; inspection;
2 penalty for violation.--
3 (1) No person shall release, permit to be released, or
4 be responsible for the release of, within the state, any
5 animal of the species myocastor coypu and known commonly in
6 Florida and referred to herein as nutria.
7 (2) No person shall have in her or his possession for
8 sale or otherwise any nutria until such person has obtained a
9 license as provided herein. The fee for such license shall be
10 $25 per year. Application for such license shall be made with
11 the Fish and Wildlife Conservation Game and Fresh Water Fish
12 Commission on forms providing therefor.
13 (3) All persons licensed under this law to keep,
14 possess or exhibit nutria shall provide safe, secure and
15 proper housing for said nutria which will adequately safeguard
16 against the escape of any nutria. Requirements for the
17 construction of such pens or housing shall be as prescribed by
18 the Fish and Wildlife Conservation Game and Fresh Water Fish
19 Commission.
20 (4) All premises upon which nutria are kept shall be
21 subject to inspection by authorized representatives of the
22 Fish and Wildlife Conservation Game and Fresh Water Fish
23 Commission. Such officers shall determine whether the said
24 nutria are securely, properly and safely housed. In the event
25 the said nutria are not securely, properly and safely housed,
26 the inspecting officer shall so advise in writing the person
27 owning said nutria. Failure of the owner to provide within 30
28 days after such written notice secure, proper, and safe
29 housing as prescribed by the Fish and Wildlife Conservation
30 Game and Fresh Water Fish Commission shall be grounds for
31
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1 revocation of the license herein provided and confiscation and
2 disposal of the said nutria as a public nuisance.
3 (5) Any person violating any provision of this section
4 or any rule and regulation of the Fish and Wildlife
5 Conservation Game and Fresh Water Fish Commission pursuant
6 hereto shall be guilty of a misdemeanor of the second degree,
7 punishable as provided in s. 775.082 or s. 775.083.
8 Section 159. Section 372.981, Florida Statutes, is
9 amended to read:
10 372.981 Regulation of importation of caiman.--The Fish
11 and Wildlife Conservation Game and Fresh Water Fish Commission
12 shall promulgate regulations to control the importation of
13 caiman.
14 Section 160. Subsections (1), (3), and (4) of section
15 372.99, Florida Statutes, are amended to read:
16 372.99 Illegal taking and possession of deer and wild
17 turkey; evidence; penalty.--
18 (1) Whoever takes or kills any deer or wild turkey, or
19 possesses a freshly killed deer or wild turkey, during the
20 closed season prescribed by law or by the rules and
21 regulations of the Fish and Wildlife Conservation Game and
22 Fresh Water Fish Commission, or whoever takes or attempts to
23 take any deer or wild turkey by the use of gun and light in or
24 out of closed season, is guilty of a misdemeanor of the first
25 degree, punishable as provided in s. 775.082 or s. 775.083,
26 and shall forfeit any license or permit issued to her or him
27 under the provisions of this chapter. No license shall be
28 issued to such person for a period of 3 years following any
29 such violation on the first offense. Any person guilty of a
30 second or subsequent violation shall be permanently ineligible
31 for issuance of a license or permit thereafter.
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1 (3) Whoever takes or kills any doe deer; fawn or baby
2 deer; or deer, whether male or female, which does not have one
3 or more antlers at least 5 inches in length, except as
4 provided by law or the rules of the Fish and Wildlife
5 Conservation Game and Fresh Water Fish Commission, during the
6 open season prescribed by the rules of the commission, is
7 guilty of a misdemeanor of the first degree, punishable as
8 provided in s. 775.082 or s. 775.083, and may be required to
9 forfeit any license or permit issued to such person for a
10 period of 3 years following any such violation on the first
11 offense. Any person guilty of a second or subsequent
12 violation shall be permanently ineligible for issuance of a
13 license or permit thereafter.
14 (4) Any person who cultivates agricultural crops may
15 apply to the Fish and Wildlife Conservation Game and Fresh
16 Water Fish Commission for a permit to take or kill deer on
17 land which that person is currently cultivating. When said
18 person can show, to the satisfaction of the Fish and Wildlife
19 Conservation Game and Fresh Water Fish Commission, that such
20 taking or killing of deer is justified because of damage to
21 the person's crops caused by deer, the Fish and Wildlife
22 Conservation Game and Fresh Water Fish Commission may issue a
23 limited permit to the applicant to take or kill deer without
24 being in violation of subsection (1) or subsection (3).
25 Section 161. Subsections (1) and (3) of section
26 372.9901, Florida Statutes, 1998 Supplement, are amended to
27 read:
28 372.9901 Seizure of illegal devices; disposition;
29 appraisal; forfeiture.--
30 (1) Any vehicle, vessel, animal, gun, light, or other
31 hunting device used in the commission of an offense prohibited
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1 by s. 372.99, shall be seized by the arresting officer, who
2 shall promptly make return of the seizure and deliver the
3 property to the Director of the Fish and Wildlife Conservation
4 Game and Fresh Water Fish Commission. The return shall
5 describe the property seized and recite in detail the facts
6 and circumstances under which it was seized, together with the
7 reason that the property was subject to seizure. The return
8 shall also contain the names of all persons known to the
9 officer to be interested in the property.
10 (3) Upon conviction of the violator, the property, if
11 owned by the person convicted, shall be forfeited to the state
12 under the procedure set forth in ss. 372.312 through 372.318,
13 where not inconsistent with this section. All amounts received
14 from the sale or other disposition of the property shall be
15 paid into the State Game Trust Fund or into the commission's
16 Federal Law Enforcement Trust Fund as provided in s. 372.107,
17 as applicable. If the property is not sold or converted, it
18 shall be delivered to the director of the Fish and Wildlife
19 Conservation Game and Fresh Water Fish Commission.
20 Section 162. Subsection (1) of section 372.9903,
21 Florida Statutes, is amended to read:
22 372.9903 Illegal possession or transportation of
23 freshwater game fish in commercial quantities; penalty.--
24 (1) Whoever possesses, moves, or transports any black
25 bass, bream, speckled perch, or other freshwater game fish in
26 commercial quantities in violation of law or the rules of the
27 Fish and Wildlife Conservation Game and Fresh Water Fish
28 Commission shall be guilty of a misdemeanor of the first
29 degree, punishable as provided in s. 775.082 or s. 775.083.
30
31
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1 Section 163. Subsections (1) and (3) of section
2 372.9904, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 372.9904 Seizure of illegal devices; disposition;
5 appraisal; forfeiture.--
6 (1) Any vehicle, vessel, or other transportation
7 device used in the commission of the offense prohibited by s.
8 372.9903, except a vehicle, vessel, or other transportation
9 device duly registered as a common carrier and operated in
10 lawful transaction of business as such carrier, shall be
11 seized by the arresting officer, who shall promptly make
12 return of the seizure and deliver the property to the director
13 of the Fish and Wildlife Conservation Game and Fresh Water
14 Fish Commission. The return shall describe the property
15 seized and recite in detail the facts and circumstances under
16 which it was seized, together with the reason that the
17 property was subject to seizure. The return shall also
18 contain the names of all persons known to the officer to be
19 interested in the property.
20 (3) Upon conviction of the violator, the property, if
21 owned by the person convicted, shall be forfeited to the state
22 under the procedure set forth in ss. 372.312-372.318, when not
23 inconsistent with this section. All amounts received from the
24 sale or other disposition of the property shall be paid into
25 the State Game Trust Fund or into the commission's Federal Law
26 Enforcement Trust Fund as provided in s. 372.107, as
27 applicable. If the property is not sold or converted, it
28 shall be delivered to the director of the Fish and Wildlife
29 Conservation Game and Fresh Water Fish Commission.
30 Section 164. Section 372.9906, Florida Statutes, is
31 amended to read:
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1 372.9906 Wildlife Law Enforcement Program; creation;
2 purposes.--There is established within the Fish and Wildlife
3 Conservation Game and Fresh Water Fish Commission the Wildlife
4 Law Enforcement Program. The commission may establish and
5 operate law enforcement programs that relate to the
6 conservation, enhancement, and regulation of wildlife and
7 freshwater aquatic resources of the state and to conduct
8 programs to educate the public about the enforcement of laws
9 and regulations relating to the wildlife and freshwater
10 aquatic resources of the state. Moneys that accrue to the
11 program by law and moneys donated to the program must be
12 deposited into the State Game Trust Fund.
13 Section 165. Subsection (2) of section 372.991,
14 Florida Statutes, is amended to read:
15 372.991 Nongame Wildlife Trust Fund.--
16 (2)(a) There is established within the Fish and
17 Wildlife Conservation Game and Fresh Water Fish Commission the
18 Nongame Wildlife Trust Fund. The fund shall be credited with
19 moneys collected pursuant to ss. 319.32(3) and 320.02(8).
20 Additional funds may be provided from legislative
21 appropriations and by donations from interested individuals
22 and organizations. The commission shall designate an
23 identifiable unit to administer the trust fund.
24 (b) Proceeds from the trust fund shall be used for the
25 following purposes:
26 1. Documentation of population trends of nongame
27 wildlife and assessment of wildlife habitat, in coordination
28 with the database of Florida natural areas inventory.
29 2. Establishment of effective conservation,
30 management, and regulatory programs for nongame wildlife of
31 the state.
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1 3. Public education programs.
2 Section 166. Subsection (1) of section 372.992,
3 Florida Statutes, is amended to read:
4 372.992 Nongame Wildlife Advisory Council.--
5 (1) There is created the Nongame Wildlife Advisory
6 Council, which shall consist of the following 11 members
7 appointed by the Governor: one representative each from the
8 Fish and Wildlife Conservation Game and Fresh Water Fish
9 Commission, the Department of Environmental Protection, and
10 the United States Fish and Wildlife Services; the director of
11 the Florida Museum of Natural History or her or his designee;
12 one representative from a professional wildlife organization;
13 one representative from a private wildlife institution; one
14 representative from a Florida university or college who has
15 expertise in nongame biology; one representative of business
16 interests from a private consulting firm who has expertise in
17 nongame biology; one representative of a statewide
18 organization of landowner interests; and two members from
19 conservation organizations. All appointments shall be for
20 4-year terms. Members shall be eligible for reappointment.
21 Section 167. Subsection (2) of section 372.995,
22 Florida Statutes, is amended to read:
23 372.995 Release of balloons.--
24 (2) It is unlawful for any person, firm, or
25 corporation to intentionally release, organize the release, or
26 intentionally cause to be released within a 24-hour period 10
27 or more balloons inflated with a gas that is lighter than air
28 except for:
29 (a) Balloons released by a person on behalf of a
30 governmental agency or pursuant to a governmental contract for
31 scientific or meteorological purposes;
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1 (b) Hot air balloons that are recovered after
2 launching;
3 (c) Balloons released indoors; or
4 (d) Balloons that are either biodegradable or
5 photodegradable, as determined by rule of the Fish and
6 Wildlife Conservation Marine Fisheries Commission, and which
7 are closed by a hand-tied knot in the stem of the balloon
8 without string, ribbon, or other attachments. In the event
9 that any balloons are released pursuant to the exemption
10 established in this paragraph, the party responsible for the
11 release shall make available to any law enforcement officer
12 evidence of the biodegradability or photodegradability of said
13 balloons in the form of a certificate executed by the
14 manufacturer. Failure to provide said evidence shall be prima
15 facie evidence of a violation of this act.
16 Section 168. Subsections (1), (2), and (3) of section
17 373.1965, Florida Statutes, are amended to read:
18 373.1965 Kissimmee River Valley and Taylor
19 Creek-Nubbins Slough Basin; coordinating council on
20 restoration; project implementation.--
21 (1) There is created the Coordinating Council on the
22 Restoration of the Kissimmee River Valley and Taylor
23 Creek-Nubbins Slough Basin. The council shall be composed of
24 the Executive Director of the Fish and Wildlife Conservation
25 Florida Game and Fresh Water Fish Commission, the Executive
26 Director of the Central and Southern Florida Flood Control
27 District, and the commissioner of the Department of
28 Agriculture and Consumer Services, or their designees, and the
29 secretary of the Department of Environmental Protection, who
30 shall serve as chair.
31
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1 (2) In recognition of the complete findings of the
2 Special Project to Prevent the Eutrophication of Lake
3 Okeechobee, the council shall develop measures which are to be
4 taken by the Department of Environmental Protection, the Fish
5 and Wildlife Conservation Game and Fresh Water Fish
6 Commission, and the Central and Southern Florida Flood Control
7 District to restore the water quality of the Kissimmee River
8 Valley and Taylor Creek-Nubbins Slough Basin. Such measures
9 shall be designed to minimize and ultimately remove the
10 threats to the agricultural industry, the wildlife, and the
11 people of central and southern Florida, posed by land uses and
12 water management practices which cause the degradation of
13 water quality in such area and shall be designed to alleviate
14 excessive nutrient loading from the Taylor Creek-Nubbins
15 Slough Basin. In developing such measures, the council shall
16 seek to:
17 (a) Conserve and improve ground and surface water
18 supplies throughout the region.
19 (b) Improve the quality of water for all beneficial
20 purposes throughout the region, and in Lake Okeechobee.
21 (c) Restore the natural seasonal water level
22 fluctuations in the lakes of the Kissimmee River and in its
23 natural flood plains and marshlands.
24 (d) Re-create conditions favorable to increases in
25 production of wetland vegetation, native aquatic life, and
26 wetland wildlife.
27 (e) Protect presently developed areas from unnatural
28 floods, to the extent that such protection is now achievable.
29 (f) Utilize the natural and free energies of the river
30 system to the greatest extent possible, so as to hold to a
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1 minimum all recurring annual needs of petroleum energy
2 supplies.
3 (g) Provide for the effective enforcement of existing
4 laws designed to prevent excessive nutrient loading of area
5 waters.
6 (3) The Department of Environmental Protection, the
7 Fish and Wildlife Conservation Game and Fresh Water Fish
8 Commission, and the Central and Southern Florida Flood Control
9 District shall each implement and enforce those measures
10 developed by the council which are within its jurisdiction.
11 The secretary of the Department of Environmental Protection
12 shall be responsible for the overall supervision of the
13 enforcement of such measures.
14 Section 169. Subsections (1), (2), and (5) of section
15 373.453, Florida Statutes, are amended to read:
16 373.453 Surface water improvement and management plans
17 and programs.--
18 (1)(a) Each water management district, in cooperation
19 with the department, the Department of Agriculture and
20 Consumer Services, the Department of Community Affairs, the
21 Fish and Wildlife Conservation Game and Fresh Water Fish
22 Commission, and local governments shall prepare and maintain a
23 list which shall prioritize water bodies of regional or
24 statewide significance within each water management district.
25 The list shall be reviewed and updated every 3 years. The list
26 shall be based on criteria adopted by rule of the department
27 and shall assign priorities to the water bodies based on their
28 need for protection and restoration.
29 (b) Criteria developed by the department shall
30 include, but need not be limited to, consideration of
31 violations of water quality standards occurring in the water
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1 body, the amounts of nutrients entering the water body and the
2 water body's trophic state, the existence of or need for a
3 continuous aquatic weed control program in the water body, the
4 biological condition of the water body, reduced fish and
5 wildlife values, and threats to agricultural and urban water
6 supplies and public recreational opportunities.
7 (c) In developing their respective priority lists,
8 water management districts shall give consideration to the
9 following priority areas:
10 1. The South Florida Water Management District shall
11 give priority to the restoration needs of Lake Okeechobee,
12 Biscayne Bay, and the Indian River Lagoon system and their
13 tributaries.
14 2. The Southwest Florida Water Management District
15 shall give priority to the restoration needs of Tampa Bay and
16 its tributaries.
17 3. The St. Johns River Water Management District shall
18 give priority to the restoration needs of Lake Apopka, the
19 Lower St. Johns River, and the Indian River Lagoon system and
20 their tributaries.
21 (2) Once the priority lists are approved by the
22 department, the water management districts, in cooperation
23 with the department, the Fish and Wildlife Conservation Game
24 and Fresh Water Fish Commission, the Department of Community
25 Affairs, the Department of Agriculture and Consumer Services,
26 and local governments, shall develop surface water improvement
27 and management plans for the water bodies based on the
28 priority lists. The department shall establish a uniform
29 format for such plans and a schedule for reviewing and
30 updating the plans. These plans shall include, but not be
31 limited to:
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1 (a) A description of the water body system, its
2 historical and current uses, its hydrology, and a history of
3 the conditions which have led to the need for restoration or
4 protection;
5 (b) An identification of all governmental units that
6 have jurisdiction over the water body and its drainage basin
7 within the approved surface water improvement and management
8 plan area, including local, regional, state, and federal
9 units;
10 (c) A description of land uses within the drainage
11 basin within the approved surface water improvement and
12 management plan area and those of important tributaries, point
13 and nonpoint sources of pollution, and permitted discharge
14 activities;
15 (d) A list of the owners of point and nonpoint sources
16 of water pollution that are discharged into each water body
17 and tributary thereto and that adversely affect the public
18 interest, including separate lists of those sources that are:
19 1. Operating without a permit;
20 2. Operating with a temporary operating permit; and
21 3. Presently violating effluent limits or water
22 quality standards.
23
24 The plan shall also include recommendations and schedules for
25 bringing all sources into compliance with state standards when
26 not contrary to the public interest. This paragraph does not
27 authorize any existing or future violation of any applicable
28 statute, regulation, or permit requirement, and does not
29 diminish the authority of the department or the water
30 management district;
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1 (e) A description of strategies and potential
2 strategies for restoring or protecting the water body to Class
3 III or better;
4 (f) A listing of studies that are being or have been
5 prepared for the water body;
6 (g) A description of the research and feasibility
7 studies which will be performed to determine the particular
8 strategy or strategies to restore or protect the water body;
9 (h) A description of the measures needed to manage and
10 maintain the water body once it has been restored and to
11 prevent future degradation;
12 (i) A schedule for restoration and protection of the
13 water body; and
14 (j) An estimate of the funding needed to carry out the
15 restoration or protection strategies.
16 (5) The governing board of each water management
17 district is encouraged to appoint advisory committees as
18 necessary to assist in formulating and evaluating strategies
19 for water body protection and restoration activities and to
20 increase public awareness and intergovernmental cooperation.
21 Such committees should include representatives of the Fish and
22 Wildlife Conservation Game and Fresh Water Fish Commission,
23 the Department of Agriculture and Consumer Services,
24 appropriate local governments, federal agencies, existing
25 advisory councils for the subject water body, and
26 representatives of the public who use the water body.
27 Section 170. Subsections (1) and (3) of section
28 373.455, Florida Statutes, are amended to read:
29 373.455 Review of surface water improvement and
30 management plans.--
31
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1 (1) At least 60 days prior to consideration by the
2 governing board pursuant to s. 373.456(1) of its surface water
3 improvement and management plan, a water management district
4 shall transmit its proposed plan to the department, the
5 Department of Agriculture and Consumer Services, the Fish and
6 Wildlife Conservation Game and Fresh Water Fish Commission,
7 the Department of Community Affairs, and local governments.
8 (3) The Fish and Wildlife Conservation Game and Fresh
9 Water Fish Commission shall review each proposed surface water
10 improvement and management plan to determine the effects of
11 the plan on wild animal life and fresh water aquatic life and
12 their habitats. If the commission determines that the plan
13 has adverse effects on these resources and that such adverse
14 effects exceed the beneficial effects on these resources, the
15 commission shall recommend modifications of or additions to
16 the plan to the district governing board at the time it
17 considers the plan pursuant to s. 373.456(1), or any
18 modifications or additions which would result in additional
19 beneficial effects on wild animal life or fresh water aquatic
20 life or their habitats.
21 Section 171. Subsection (2) of section 373.4595,
22 Florida Statutes, is amended to read:
23 373.4595 Lake Okeechobee improvement and management.--
24 (2) DIVERSIONS; LAKE OKEECHOBEE TECHNICAL ADVISORY
25 COUNCIL.--
26 (a) The Legislature finds that efforts to reduce
27 nutrient levels in Lake Okeechobee have resulted in diversions
28 of nutrient-laden waters to other environmentally sensitive
29 areas, which diversions have resulted in adverse environmental
30 effects. The Legislature also finds that both the agriculture
31 industry and the environmental community are committed to
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1 protecting Lake Okeechobee and these environmentally sensitive
2 areas from further harm and that this crisis must be addressed
3 immediately. Therefore:
4 1. The South Florida Water Management District shall
5 not divert waters to the Indian River estuary, the
6 Caloosahatchee River or its estuary, or the Everglades
7 National Park, in such a way that the state water quality
8 standards are violated, that the nutrients in such diverted
9 waters adversely affect indigenous vegetation communities or
10 wildlife, or that fresh waters diverted to the Caloosahatchee
11 or Indian River estuaries adversely affect the estuarine
12 vegetation or wildlife, unless the receiving waters will
13 biologically benefit by the diversion. However, diversion is
14 permitted when an emergency is declared by the water
15 management district, if the Secretary of Environmental
16 Protection concurs.
17 2. The South Florida Water Management district may
18 divert waters to other areas, including Lake Hicpochee, unless
19 otherwise provided by law. However, the district shall monitor
20 the effects of such diversions to determine the extent of
21 adverse or positive environmental effects on indigenous
22 vegetation and wildlife. The results of the monitoring shall
23 be reported to the Lake Okeechobee Technical Advisory Council.
24 If the monitoring of such diversions reveals continuing
25 adverse environmental effects, the district shall make
26 recommendations to the Legislature by July 1, 1988, on how to
27 cease the diversions.
28 (b)1. There is hereby created a Lake Okeechobee
29 Technical Advisory Council. Council members shall be experts
30 in the fields of botany, wildlife biology, aquatic biology,
31 water quality chemistry, or hydrology and shall consist of:
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1 a. Three members appointed by the Governor;
2 b. Three members appointed by the Speaker of the House
3 of Representatives;
4 c. Three members appointed by the President of the
5 Senate;
6 d. One member from the Institute of Food and
7 Agricultural Sciences, University of Florida, appointed by the
8 President of the University of Florida; and
9 e. One member from the College of Natural Sciences,
10 University of South Florida, appointed by the President of the
11 University of South Florida.
12
13 Members shall be appointed not later than July 15, 1987.
14 2. The purpose of the council shall be to investigate
15 the adverse effects of past diversions of water and potential
16 effects of future diversions on indigenous wildlife and
17 vegetation and to report to the Legislature, no later than
18 March 1, 1988, with findings and recommendations proposing
19 permanent solutions to eliminate such adverse effects.
20 3. The South Florida Water Management District shall
21 provide staff and assistance to the council. The Department of
22 Environmental Protection, the Fish and Wildlife Conservation
23 Game and Fresh Water Fish Commission, and the district shall
24 cooperate with the council.
25 4. The council shall meet not less than once every 2
26 months at the call of the chair, or at the call of four other
27 members of the council. The council shall elect from its
28 members a chair and vice chair and such other officers as the
29 council deems necessary. The council may establish other
30 procedures for the conduct of its business.
31
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1 5. The members of the council are not entitled to
2 compensation but are eligible for per diem and travel expenses
3 pursuant to s. 112.061.
4 Section 172. Paragraph (b) of subsection (1) of
5 section 373.465, Florida Statutes, 1998 Supplement, is amended
6 to read:
7 373.465 Lake Panasoffkee Restoration Council.--There
8 is created within the Southwest Florida Water Management
9 District the Lake Panasoffkee Restoration Council.
10 (1)
11 (b) The council advisory group to the council shall
12 consist of: one representative each from the Southwest Florida
13 Water Management District, the Florida Department of
14 Environmental Protection, the Florida Department of
15 Transportation, the Fish and Wildlife Conservation Florida
16 Game and Fresh Water Fish Commission, the Withlacoochee River
17 Basin Board, and the United States Army Corps of Engineers, to
18 be appointed by their respective agencies, all of whom must
19 have training in biology or another scientific discipline.
20 Section 173. Subsections (1) and (2) of section
21 373.466, Florida Statutes, 1998 Supplement, are amended to
22 read:
23 373.466 Lake Panasoffkee restoration program.--
24 (1) The Southwest Florida Water Management District,
25 in conjunction with the Department of Environmental
26 Protection, the Fish and Wildlife Conservation Florida Game
27 and Fresh Water Fish Commission, the Sumter County Commission,
28 and the Lake Panasoffkee Restoration Council, shall review
29 existing restoration proposals to determine which ones are the
30 most environmentally sound and economically feasible methods
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1 of improving the fisheries and natural systems of Lake
2 Panasoffkee.
3 (2) The Southwest Florida Water Management District,
4 in consultation and by agreement with the Department of
5 Environmental Protection, the Fish and Wildlife Conservation
6 Game and Fresh Water Fish Commission, and pertinent local
7 governments, shall develop tasks to be undertaken by those
8 entities necessary to initiate the Lake Panasoffkee
9 restoration program recommended by the Lake Panasoffkee
10 Restoration Council. These agencies shall:
11 (a) Evaluate different methodologies for removing the
12 extensive tussocks and build-up of organic matter along the
13 shoreline and of the aquatic vegetation in the lake; and
14 (b) Conduct any additional studies as recommended by
15 the Lake Panasoffkee Restoration Council.
16 Section 174. Subsection (1) of section 373.591,
17 Florida Statutes, 1998 Supplement, is amended to read:
18 373.591 Management review teams.--
19 (1) To determine whether conservation, preservation,
20 and recreation lands titled in the name of the water
21 management districts are being managed for the purposes for
22 which they were acquired and in accordance with land
23 management objectives, the water management districts shall
24 establish land management review teams to conduct periodic
25 management reviews. The land management review teams shall be
26 composed of the following members:
27 (a) One individual from the county or local community
28 in which the parcel is located.
29 (b) One employee of the water management district.
30 (c) A private land manager mutually agreeable to the
31 governmental agency representatives.
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1 (d) A member of the local soil and water conservation
2 district board of supervisors.
3 (e) One individual from the Fish and Wildlife
4 Conservation Game and Fresh Water Fish Commission.
5 (f) One individual from the Department of
6 Environmental Protection.
7 (g) One individual representing a conservation
8 organization.
9 (h) One individual from the Department of Agriculture
10 and Consumer Services' Division of Forestry.
11 Section 175. Subsection (1) of section 375.021,
12 Florida Statutes, is amended to read:
13 375.021 Comprehensive multipurpose outdoor recreation
14 plan.--
15 (1) The department is given the responsibility,
16 authority, and power to develop and execute a comprehensive
17 multipurpose outdoor recreation plan for this state with the
18 cooperation of the Department of Agriculture and Consumer
19 Services, the Department of Transportation, the Fish and
20 Wildlife Conservation Game and Fresh Water Fish Commission,
21 the Department of Commerce, and the water management
22 districts.
23 Section 176. Section 375.311, Florida Statutes, is
24 amended to read:
25 375.311 Legislative intent.--To protect and manage
26 Florida's wildlife environment on lands conveyed for
27 recreational purposes by private owners and public custodians,
28 the Legislature hereby intends that the Fish and Wildlife
29 Conservation Game and Fresh Water Fish Commission shall
30 regulate motor vehicle access and traffic control on Florida's
31 public lands.
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1 Section 177. Subsection (3) of section 375.312,
2 Florida Statutes, is amended to read:
3 375.312 Definitions.--As used in this act, unless the
4 context requires otherwise:
5 (3) "Commission" means the Fish and Wildlife
6 Conservation Florida Game and Fresh Water Fish Commission.
7 Section 178. Subsections (6) and (8) of section
8 376.121, Florida Statutes, are amended to read:
9 376.121 Liability for damage to natural
10 resources.--The Legislature finds that extensive damage to the
11 state's natural resources is the likely result of a pollutant
12 discharge and that it is essential that the state adequately
13 assess and recover the cost of such damage from responsible
14 parties. It is the state's goal to recover the costs of
15 restoration from the responsible parties and to restore
16 damaged natural resources to their predischarge condition. In
17 many instances, however, restoration is not technically
18 feasible. In such instances, the state has the responsibility
19 to its citizens to recover the cost of all damage to natural
20 resources. To ensure that the public does not bear a
21 substantial loss as a result of the destruction of natural
22 resources, the procedures set out in this section shall be
23 used to assess the cost of damage to such resources. Natural
24 resources include coastal waters, wetlands, estuaries, tidal
25 flats, beaches, lands adjoining the seacoasts of the state,
26 and all living things except human beings. The Legislature
27 recognizes the difficulty historically encountered in
28 calculating the value of damaged natural resources. The value
29 of certain qualities of the state's natural resources is not
30 readily quantifiable, yet the resources and their qualities
31 have an intrinsic value to the residents of the state, and any
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1 damage to natural resources and their qualities should not be
2 dismissed as nonrecoverable merely because of the difficulty
3 in quantifying their value. In order to avoid unnecessary
4 speculation and expenditure of limited resources to determine
5 these values, the Legislature hereby establishes a schedule
6 for compensation for damage to the state's natural resources
7 and the quality of said resources.
8 (6) It is understood that a pollutant will, by its
9 very nature, result in damage to the flora and fauna of the
10 waters of the state and the adjoining land. Therefore,
11 compensation for such resources, which is difficult to
12 calculate, is included in the compensation schedule. Not
13 included, however, in this base figure is compensation for the
14 death of endangered or threatened species directly
15 attributable to the pollutant discharged. Compensation for the
16 death of any animal designated by rule as endangered by the
17 Fish and Wildlife Conservation Florida Game and Fresh Water
18 Fish Commission is $10,000. Compensation for the death of any
19 animal designated by rule as threatened by the Fish and
20 Wildlife Conservation Florida Game and Fresh Water Fish
21 Commission is $5,000. These amounts are not intended to
22 reflect the actual value of said endangered or threatened
23 species, but are included for the purposes of this section.
24 (8) When assessing the amount of damages to natural
25 resources, the department shall be assisted, if requested by
26 the department, by representatives of other state agencies and
27 local governments that would enhance the department's damage
28 assessment. The Fish and Wildlife Conservation Game and Fresh
29 Water Fish Commission shall assist the department in the
30 assessment of damages to wildlife impacted by a pollutant
31
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1 discharge and shall assist the department in recovering the
2 costs of such damages.
3 Section 179. Subsection (1) of section 378.011,
4 Florida Statutes, is amended to read:
5 378.011 Land Use Advisory Committee.--
6 (1) There is hereby created a Land Use Advisory
7 Committee which shall be composed of the following:
8 (a) One member from the Bureau of Geology of the
9 Division of Resource Management of the Department of
10 Environmental Protection, who shall serve as chair, to be
11 appointed by the executive director of said department;
12 (b) One member from the Executive Office of the
13 Governor, to be appointed by the Governor;
14 (c) One member from the Tampa Bay Regional Planning
15 Council, one member from the Central Florida Regional Planning
16 Council, and one member from the North Central Florida
17 Regional Planning Council, to be appointed by the respective
18 directors of said regional planning councils;
19 (d) One member to represent the Board of County
20 Commissioners of Polk County, one member to represent the
21 Board of County Commissioners of Hillsborough County, and one
22 member to represent the Board of County Commissioners of
23 Hamilton County, to be appointed by the chairs of said boards;
24 (e) One member from the Fish and Wildlife Conservation
25 Game and Fresh Water Fish Commission, to be appointed by the
26 Executive Director of said commission; and
27 (f) Two members of the public, to be appointed by the
28 Governor.
29 Section 180. Subsection (5) of section 378.036,
30 Florida Statutes, is amended to read:
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1 378.036 Land acquisitions financed by Nonmandatory
2 Land Reclamation Trust Fund moneys.--
3 (5) By July 1, 1986, the department, in cooperation
4 with the Fish and Wildlife Conservation Game and Fresh Water
5 Fish Commission, shall develop a list identifying those
6 nonmandatory lands which have been or may be naturally
7 reclaimed and which the state may seek to acquire through
8 purchase or donation for hunting, fishing, or other outdoor
9 recreational purposes or for wildlife habitat restoration.
10 The list shall separately indicate which of the nonmandatory
11 lands are eligible lands.
12 Section 181. Subsection (2) of section 378.409,
13 Florida Statutes, is amended to read:
14 378.409 Civil liability.--
15 (2) In assessing damages for animal, plant, or aquatic
16 life, the value shall be determined in accordance with the
17 tables of values established by the Fish and Wildlife
18 Conservation Game and Fresh Water Fish Commission and the
19 department.
20 Section 182. Subsections (3) and (6) of section
21 380.061, Florida Statutes, 1998 Supplement, are amended to
22 read:
23 380.061 The Florida Quality Developments program.--
24 (3)(a) To be eligible for designation under this
25 program, the developer shall comply with each of the following
26 requirements which is applicable to the site of a qualified
27 development:
28 1. Have donated or entered into a binding commitment
29 to donate the fee or a lesser interest sufficient to protect,
30 in perpetuity, the natural attributes of the types of land
31 listed below. In lieu of the above requirement, the developer
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1 may enter into a binding commitment which runs with the land
2 to set aside such areas on the property, in perpetuity, as
3 open space to be retained in a natural condition or as
4 otherwise permitted under this subparagraph. Under the
5 requirements of this subparagraph, the developer may reserve
6 the right to use such areas for the purpose of passive
7 recreation that is consistent with the purposes for which the
8 land was preserved.
9 a. Those wetlands and water bodies throughout the
10 state as would be delineated if the provisions of s.
11 373.4145(1)(b) were applied. The developer may use such areas
12 for the purpose of site access, provided other routes of
13 access are unavailable or impracticable; may use such areas
14 for the purpose of stormwater or domestic sewage management
15 and other necessary utilities to the extent that such uses are
16 permitted pursuant to chapter 403; or may redesign or alter
17 wetlands and water bodies within the jurisdiction of the
18 Department of Environmental Protection which have been
19 artificially created, if the redesign or alteration is done so
20 as to produce a more naturally functioning system.
21 b. Active beach or primary and, where appropriate,
22 secondary dunes, to maintain the integrity of the dune system
23 and adequate public accessways to the beach. However, the
24 developer may retain the right to construct and maintain
25 elevated walkways over the dunes to provide access to the
26 beach.
27 c. Known archaeological sites determined to be of
28 significance by the Division of Historical Resources of the
29 Department of State.
30 d. Areas known to be important to animal species
31 designated as endangered or threatened animal species by the
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1 United States Fish and Wildlife Service or by the Fish and
2 Wildlife Conservation Florida Game and Fresh Water Fish
3 Commission, for reproduction, feeding, or nesting; for
4 traveling between such areas used for reproduction, feeding,
5 or nesting; or for escape from predation.
6 e. Areas known to contain plant species designated as
7 endangered plant species by the Department of Agriculture and
8 Consumer Services.
9 2. Produce, or dispose of, no substances designated as
10 hazardous or toxic substances by the United States
11 Environmental Protection Agency or by the Department of
12 Environmental Protection or the Department of Agriculture and
13 Consumer Services. This subparagraph is not intended to apply
14 to the production of these substances in nonsignificant
15 amounts as would occur through household use or incidental use
16 by businesses.
17 3. Participate in a downtown reuse or redevelopment
18 program to improve and rehabilitate a declining downtown area.
19 4. Incorporate no dredge and fill activities in, and
20 no stormwater discharge into, waters designated as Class II,
21 aquatic preserves, or Outstanding Florida Waters, except as
22 activities in those waters are permitted pursuant to s.
23 403.813(2) and the developer demonstrates that those
24 activities meet the standards under Class II waters,
25 Outstanding Florida Waters, or aquatic preserves, as
26 applicable.
27 5. Include open space, recreation areas, Xeriscape as
28 defined in s. 373.185, and energy conservation and minimize
29 impermeable surfaces as appropriate to the location and type
30 of project.
31
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1 6. Provide for construction and maintenance of all
2 onsite infrastructure necessary to support the project and
3 enter into a binding commitment with local government to
4 provide an appropriate fair-share contribution toward the
5 offsite impacts which the development will impose on publicly
6 funded facilities and services, except offsite transportation,
7 and condition or phase the commencement of development to
8 ensure that public facilities and services, except offsite
9 transportation, will be available concurrent with the impacts
10 of the development. For the purposes of offsite transportation
11 impacts, the developer shall comply, at a minimum, with the
12 standards of the state land planning agency's
13 development-of-regional-impact transportation rule, the
14 approved strategic regional policy plan, any applicable
15 regional planning council transportation rule, and the
16 approved local government comprehensive plan and land
17 development regulations adopted pursuant to part II of chapter
18 163.
19 7. Design and construct the development in a manner
20 that is consistent with the adopted state plan, the applicable
21 strategic regional policy plan, and the applicable adopted
22 local government comprehensive plan.
23 (b) In addition to the foregoing requirements, the
24 developer shall plan and design his or her development in a
25 manner which includes the needs of the people in this state as
26 identified in the state comprehensive plan and the quality of
27 life of the people who will live and work in or near the
28 development. The developer is encouraged to plan and design
29 his or her development in an innovative manner. These planning
30 and design features may include, but are not limited to, such
31 things as affordable housing, care for the elderly, urban
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