House Bill 1071
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
By the Committee on Water & Resource Management and
Representatives Alexander, Boyd, K. Smith, Kelly, Brummer,
Betancourt, Waters and Johnson
1 A bill to be entitled
2 An act relating to the creation of the Fish and
3 Wildlife Conservation Commission; providing for
4 technical revisions; creating part I of chapter
5 370, F.S., relating to saltwater fisheries;
6 amending s. 370.07, F.S.; transferring specific
7 regulatory powers from the Department of
8 Environmental Protection to the Fish and
9 Wildlife Conservation Commission and the
10 Department of Agriculture and Consumer
11 Services; providing for the deposit of certain
12 funds in the General Inspection Trust Fund of
13 the Department of Agriculture and Consumer
14 Services; amending s. 370.101, F.S.; providing
15 certain responsibilities for the Division of
16 Marine Fisheries at the Fish and Wildlife
17 Conservation Commission; amending s. 370.11,
18 F.S.; authorizing the Division of Marine
19 Fisheries to issue permits for scientific
20 purposes; amending s. 370.1107, F.S.; revising
21 the definition of "licensed saltwater fisheries
22 trap"; amending ss. 370.13 and 370.1405, F.S.;
23 transferring specific regulatory powers from
24 the Department of Environmental Protection to
25 the Fish and Wildlife Conservation Commission;
26 amending s. 370.25, F.S.; transferring
27 responsibilities for the artificial fishing
28 reef program from the Department of
29 Environmental Protection to the Fish and
30 Wildlife Conservation Commission; creating part
31 II of chapter 370, F.S., relating to freshwater
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 fisheries; creating s. 370.40, F.S.; providing
2 definitions; renumbering s. 372.0225, F.S.,
3 relating to certain responsibilities for the
4 Division of Freshwater Fisheries of the Fish
5 and Wildlife Conservation Commission;
6 renumbering s. 372.26, F.S., relating to
7 prohibiting the importation of freshwater fish
8 into the state; renumbering s. 372.27, F.S.,
9 relating to closing Silver Springs and Rainbow
10 Springs to all fishing; renumbering s. 372.31,
11 F.S., relating to the disposition of illegal
12 fishing devices; renumbering s. 372.311, F.S.,
13 relating to the disposition and appraisal of
14 seized property; renumbering s. 372.312, F.S.,
15 relating to forfeiture proceedings; renumbering
16 s. 372.313, F.S., relating to the delivery of
17 property to claimant; renumbering s. 372.314,
18 F.S., relating to certain proceedings;
19 renumbering s. 372.315, F.S., relating to
20 procedures when claims are filed; renumbering
21 s. 372.316, F.S., relating to representation by
22 the state attorney; renumbering s. 372.317,
23 F.S., relating to judgment of forfeiture;
24 renumbering s. 372.318, F.S., relating to
25 service charges; renumbering s. 372.319, F.S.,
26 relating to disposition of forfeiture proceeds;
27 renumbering s. 372.321, F.S., relating to the
28 lawful exercise of police powers; creating s.
29 370.45, F.S.; regulating the sale of licenses
30 and permits for the taking of freshwater
31 aquatic life; providing for costs and
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 reporting; creating s. 370.46, F.S.; providing
2 requirements for licenses to take freshwater
3 fish within the state; providing fees;
4 providing exemptions from requirements;
5 renumbering s. 372.5705, F.S., relating to fish
6 pond licenses; creating s. 370.462, F.S.;
7 providing for the expiration of licenses and
8 permits; creating s. 370.463, F.S.; providing
9 for review of fees for licenses and permits;
10 creating s. 370.464, F.S.; providing
11 requirements for the expenditure of management
12 area permit revenues; creating s. 370.465,
13 F.S.; providing for the appointment of
14 subagents for the sale of licenses and permits;
15 creating ss. 370.47 and 370.471, F.S.;
16 providing penalties for false statements on
17 applications for licenses or permits; creating
18 s. 370.48, F.S.; prohibiting the transfer of
19 licenses or permits; creating s. 370.49, F.S.;
20 establishing a process for issuing replacement
21 licenses or permits; renumbering s. 372.65,
22 F.S., relating to freshwater fish dealer's
23 license; correcting a cross reference;
24 renumbering s. 372.651, F.S., relating to haul
25 seine and trawl permits; renumbering s.
26 372.653, F.S., relating to the tagging of fish;
27 creating s. 370.60, F.S.; providing for
28 prosecution of violators of laws relating to
29 freshwater fish; creating s. 370.601, F.S.;
30 prohibiting harassment of persons fishing;
31 creating s. 370.61, F.S.; providing causes and
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 penalties for noncriminal infractions; creating
2 s. 370.62, F.S.; providing for the disposition
3 of fines, penalties, and forfeitures; creating
4 s. 370.63, F.S.; authorizing the confiscation
5 of illegally taken freshwater fish; creating s.
6 370.64, F.S.; providing for cooperative
7 agreements with the United States Forest
8 Service; providing penalties; renumbering s.
9 372.75, F.S., relating to the prohibited use of
10 explosives and other substances in the fresh
11 waters of the state; creating s. 370.66, F.S.;
12 authorizing limited search and seizure by
13 conservation officers; creating s. 370.661,
14 F.S.; authorizing the issuance of search
15 warrants in certain circumstances; creating s.
16 370.67, F.S.; assenting to the provisions of
17 the Federal Aid in Fish Restoration Act of
18 1950; creating s. 370.671, F.S.; providing for
19 federal conservation of fish and limited
20 jurisdiction of the United States; creating s.
21 370.68, F.S.; providing for noncriminal
22 infractions; providing penalties; creating s.
23 370.69, F.S.; providing for the forfeiture or
24 denial of licenses and permits; renumbering s.
25 372.85, F.S., relating to the contamination of
26 fresh waters of the state; providing penalties;
27 creating ss. 370.71 and 370.72, F.S.; providing
28 for reciprocal agreements for taking fish in
29 certain waters; renumbering s. 372.9903, F.S.,
30 relating to the illegal possession or
31 transportation of freshwater game fish in
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 commercial quantities; renumbering s. 372.9904,
2 F.S.; providing for the seizure and disposition
3 of illegal devices; renumbering s. 372.9905,
4 F.S., relating to the seizure and forfeiture of
5 vehicles, vessels, or other transportation
6 devices; renumbering s. 372.993, F.S., relating
7 to land-based commercial and recreational
8 fishing activities; amending s. 372.001, F.S.;
9 providing definitions; amending s. 372.021,
10 F.S.; providing authority to the Fish and
11 Wildlife Conservation Commission; amending s.
12 372.05, F.S.; establishing the duties of the
13 Executive Director of the Fish and Wildlife
14 Conservation Commission; amending s. 372.07,
15 F.S.; providing for the police powers of the
16 Fish and Wildlife Conservation Commission;
17 amending s. 372.105, F.S.; authorizing certain
18 revenues to be deposited into the Lifetime Fish
19 and Wildlife Trust Fund; amending s. 372.106,
20 F.S.; authorizing certain revenues to be
21 deposited into the Dedicated License Trust
22 Fund; amending s. 372.121, F.S., relating to
23 the control and management of state game lands;
24 including referral to marine life; amending s.
25 372.561, F.S.; providing for licenses to take
26 wild animal life; deleting reference to
27 fisheries; amending s. 372.57, F.S.;
28 establishing requirements for licenses to take
29 wild animal life; providing fees; providing
30 exemptions; deleting reference to fisheries;
31 amending s. 372.571, F.S., relating to
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 conditions for the expiration of licenses and
2 permits; correcting a cross reference; amending
3 s. 372.5712, F.S., relating to the expenditure
4 of Florida waterfowl permit revenues;
5 correcting a cross reference; amending s.
6 372.5715, F.S., relating to the expenditure of
7 Florida wild turkey permit revenues; correcting
8 a cross reference; amending s. 372.573, F.S.,
9 relating to the expenditure of management area
10 permit revenues; correcting a cross reference;
11 amending s. 372.574, F.S., relating to the
12 appointment of subagents for the sale of
13 licenses and permits; providing cross
14 references; amending s. 372.60, F.S., relating
15 to procedures for issuing replacement licenses
16 or permits; amending s. 372.661, F.S., relating
17 to requirements for private hunting preserves;
18 correcting cross references; amending s.
19 372.70, F.S., relating to the prosecution of
20 violators of certain laws; deleting reference
21 to freshwater fish; amending s. 372.7015, F.S.,
22 relating to penalties for the illegal killing
23 and taking of wildlife; correcting a cross
24 reference; amending s. 372.7016, F.S., relating
25 to a voluntary authorized hunter identification
26 program; correcting a cross reference; amending
27 s. 372.705, F.S., relating to the harassment of
28 hunters and trappers; amending s. 372.73, F.S.,
29 relating to the confiscation and disposition of
30 illegally taken game; deleting reference to
31 freshwater fish; amending s. 372.74, F.S.,
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 relating to cooperative agreements with the
2 United States Forest Service; amending s.
3 372.76, F.S., relating to limited search and
4 seizure authority for the Fish and Wildlife
5 Conservation Commission; amending s. 372.761,
6 F.S., relating to warrants to search private
7 dwellings; amending s. 372.7701, F.S.;
8 assenting to certain provisions of the Federal
9 Aid in Fish Restoration Act of 1950; amending
10 s. 372.771, F.S., relating to federal
11 conservation of wildlife and limited
12 jurisdiction of the United States; amending s.
13 372.83, F.S., relating to noncriminal
14 infractions; establishing criminal penalties,
15 providing for the suspension and revocation of
16 licenses and permits; deleting reference to
17 freshwater fish; amending ss. 372.97 and
18 372.971, F.S.; providing for reciprocal
19 agreements for taking game in certain areas;
20 amending s. 372.9901, F.S.; conforming
21 provisions for seizure and disposition of
22 illegal devices; correcting a cross reference;
23 amending s. 372.991, F.S.; establishing that
24 certain fees collected by the Fish and Wildlife
25 Conservation Commission will be deposited into
26 the Nongame Wildlife Trust Fund; renumbering s.
27 370.0205, F.S., relating to the authority of
28 the Department of Environmental Protection to
29 create partnerships with citizen support
30 organizations; amending ss. 161.031 and 161.36,
31 F.S.; authorizing the Department of
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Environmental Protection to retain specific
2 powers; renumbering s. 370.041, F.S., relating
3 to the harvesting of sea oats; amending s.
4 259.101, F.S.; providing for distribution of
5 Preservation 2000 funds to the Fish and
6 Wildlife Conservation Commission; amending s.
7 270.22, F.S.; authorizing the Department of
8 Agriculture and Consumer Services to deposit
9 aquaculture lease fees into the General
10 Inspection Trust Fund; amending s. 288.109,
11 F.S.; integrating the Fish and Wildlife
12 Conservation Commission into the One-Stop
13 Permitting System; amending s. 327.02, F.S.;
14 revising definitions; amending s. 327.04, F.S.,
15 relating to rules; amending s. 327.41, F.S.;
16 requiring a permit from the Fish and Wildlife
17 Conservation Commission to place regulatory
18 markers in the Florida Intracoastal Waterway;
19 amending s. 327.53, F.S., relating to marine
20 sanitation; amending s. 327.54, F.S., relating
21 to liveries; amending s. 328.72, F.S., relating
22 to vessel registration fees; providing for
23 distribution; amending s. 373.4149, F.S.;
24 appointing the Executive Director of the Fish
25 and Wildlife Conservation Commission as a
26 member of the Miami-Dade County Lake Belt Plan
27 Implementation Committee; amending s.
28 373.41492, F.S.; appointing a representative of
29 the Fish and Wildlife Conservation Commission
30 as a member of an interagency committee;
31 amending s. 403.141, F.S.; authorizing the Fish
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 and Wildlife Conservation Commission to
2 establish tables of value with the Department
3 of Environmental Protection; amending s.
4 570.235, F.S.; appointing a representative of
5 the Fish and Wildlife Conservation Commission
6 as a member of the Pest Exclusion Advisory
7 Committee; amending s. 590.02, F.S.; appointing
8 the Executive Director of the Fish and Wildlife
9 Conservation Commission to an advisory
10 committee; amending s. 597.004, F.S.; providing
11 that the Department of Agriculture and Consumer
12 Services will regulate the handling of
13 aquaculture shellfish; amending ss. 212.08,
14 323.001, 810.09, and 932.7055, F.S.; conforming
15 cross references; amending s. 705.101, F.S.;
16 redefining the term "abandoned property";
17 amending s. 705.103, F.S., relating to
18 procedures for abandoned or lost property;
19 amending s. 832.06, F.S.; correcting references
20 to the commission; repealing s. 370.013, F.S.,
21 relating to general functions of the Department
22 of Environmental Protection; repealing s.
23 370.017, F.S., relating to responsibilities for
24 the Secretary of the Department of
25 Environmental Protection; repealing s. 370.032,
26 F.S., relating to definitions; repealing s.
27 370.033, F.S., relating to Legislative intent;
28 repealing s. 370.034, F.S., relating to
29 certificates; repealing s. 370.036, F.S.,
30 relating to dredge and fill records; repealing
31 s. 370.037, F.S., relating to denial,
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 suspension, or revocation of certificates;
2 repealing s. 370.038, F.S., relating to rules
3 and regulations; repealing s. 370.0606, F.S.,
4 relating to authorizing subagents to sell
5 saltwater fishing licenses; repealing s.
6 370.0805, F.S., relating to the net ban
7 assistance program; repealing s. 372.04, F.S.,
8 relating to salary and per diem for the
9 Executive Director of the Fish and Wildlife
10 Conservation Commission; repealing s. 372.061,
11 F.S., relating to the authority of the Game and
12 Fresh Water Fish Commission to hold meetings;
13 repealing s. 403.261, F.S., relating to the
14 repeal of rulemaking jurisdiction over air and
15 water pollution; repealing s. 370.14(12), F.S.,
16 relating to the 2-day sport season for
17 harvesters of spiny lobster; repealing s.
18 373.197, F.S., relating to the Kissimmee River
19 Valley and Taylor Creek-Nubbins Slough Basin
20 restoration project; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Part I of chapter 370, Florida Statutes,
26 consisting of sections 370.01 through 370.31, Florida
27 Statutes, is designated as "Saltwater Fisheries."
28 Section 2. Subsection (1), paragraphs (f), (h), (i),
29 and (k) of subsection (3), paragraphs (e), (g), and (h) of
30 subsection (4), subsections (5) and (6) of section 370.07,
31 Florida Statutes, are amended to read:
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 370.07 Wholesale and retail saltwater products
2 dealers; regulation.--
3 (1) DEFINITIONS; LICENSES AUTHORIZED.--Annual license
4 or privilege taxes are hereby levied and imposed upon dealers
5 in the state in saltwater products. It is unlawful for any
6 person, firm, or corporation to deal in any such products
7 without first paying for and procuring the license required by
8 this section. Application for all licenses shall be made to
9 the Fish and Wildlife Conservation Commission Department of
10 Environmental Protection on blanks to be furnished by it. All
11 licenses shall be issued by the commission department upon
12 payment to it of the license tax. The licenses are defined as:
13 (a)1. "Wholesale county dealer" is any person, firm,
14 or corporation which sells saltwater products to any person,
15 firm, or corporation except to the consumer and who may buy
16 saltwater products in the county designated on the wholesale
17 license from any person licensed pursuant to s. 370.06(2) or
18 from any licensed wholesale dealer.
19 2. "Wholesale state dealer" is a person, firm, or
20 corporation which sells saltwater products to any person,
21 firm, or corporation except to the consumer and who may buy
22 saltwater products in any county of the state from any person
23 licensed pursuant to s. 370.06(2) or from any licensed
24 wholesale dealer.
25 3. "Wholesale dealer" is either a county or a state
26 dealer.
27 (b) A "retail dealer" is any person, firm, or
28 corporation which sells saltwater products directly to the
29 consumer, but no license is required of a dealer in
30 merchandise who deals in or sells saltwater products consumed
31 on the premises or prepared for immediate consumption and sold
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 to be taken out of any restaurant licensed by the Division of
2 Hotels and Restaurants of the Department of Business and
3 Professional Regulation.
4
5 Any person, firm, or corporation which is both a wholesale
6 dealer and a retail dealer shall obtain both a wholesale
7 dealer's license and a retail dealer's license. If a wholesale
8 dealer has more than one place of business, the annual license
9 tax shall be effective for all places of business, provided
10 that the wholesale dealer supplies to the commission
11 department a complete list of additional places of business
12 upon application for the annual license tax.
13 (3) APALACHICOLA BAY OYSTER SURCHARGE.--
14 (f) The Department of Revenue shall collect the
15 surcharge for transfer into the General Inspection Trust Fund
16 of the Department of Agriculture and Consumer Services Marine
17 Resources Conservation Trust Fund of the Department of
18 Environmental Protection.
19 (h) Annually, the Department of Agriculture and
20 Consumer Services Environmental Protection shall furnish the
21 Department of Revenue with a current list of wholesale dealers
22 in the state.
23 (i) Collections received by the Department of Revenue
24 from the surcharge shall be transferred quarterly to the
25 Department of Agriculture and Consumer Services General
26 Inspection Trust Fund Environmental Protection Marine
27 Resources Conservation Trust Fund, less the costs of
28 administration.
29 (k) The Department of Agriculture and Consumer
30 Services Environmental Protection shall use or distribute
31 funds generated by this surcharge, less reasonable costs of
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 collection and administration, to fund the following oyster
2 management and restoration programs in Apalachicola Bay:
3 1. The relaying and transplanting of 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 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 (4) TRANSPORTATION OF SALTWATER PRODUCTS.--
14 (e) It is unlawful to sell, deliver, ship, or
15 transport, or to possess for the purpose of selling,
16 delivering, shipping, or transporting, any saltwater products
17 without all invoices of such products having thereon the
18 wholesale dealer license number in such form as may be
19 prescribed under the provisions of this subsection and the
20 rules and regulations of the commission department. Any
21 saltwater products found in the possession of any person who
22 is in violation of this provision may be seized by the
23 commission department and disposed of in the manner provided
24 by law.
25 (g) Wholesale dealers' licenses shall be issued only
26 to applicants who furnish to the commission department
27 satisfactory evidence of law-abiding reputation and who pledge
28 themselves to faithfully observe all of the laws and
29 regulations of this state relating to the conservation of,
30 dealing in, taking, selling, transporting, or possession of
31 saltwater products and to cooperate in the enforcement of all
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 such laws to every reasonable extent. This pledge may be
2 included in the application for license.
3 (h) Any person who violates the provisions of this
4 subsection commits is guilty of a misdemeanor of the first
5 degree, punishable as provided in s. 775.082 or s. 775.083.
6 (5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
7 (a) A license issued to a wholesale or retail dealer
8 is good only to the person to whom issued and named therein
9 and is not transferable. The commission department may
10 revoke, suspend, or deny the renewal of the license of any
11 licensee:
12 1. Upon the conviction of the licensee of any
13 violation of the laws or regulations designed for the
14 conservation of saltwater products;
15 2. Upon conviction of the licensee of knowingly
16 dealing in, buying, selling, transporting, possessing, or
17 taking any saltwater product, at any time and from any waters,
18 in violation of the laws of this state; or
19 3. Upon satisfactory evidence of any violation of the
20 laws or any regulations of this state designed for the
21 conservation of saltwater products or of any of the laws of
22 this state relating to dealing in, buying, selling,
23 transporting, possession, or taking of saltwater products.
24 (b) Upon revocation of such license, no other or
25 further license may be issued to the dealer within 3 years
26 from the date of revocation except upon special order of the
27 commission department. After revocation, it is unlawful for
28 such dealer to exercise any of the privileges of a licensed
29 wholesale or retail dealer.
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (c) In addition to, or in lieu of, the penalty imposed
2 pursuant to this subsection, the commission department may
3 impose penalties pursuant to s. 370.021.
4 (6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--
5 (a) Wholesale dealers shall be required by the
6 commission department to make and preserve a record of the
7 names and addresses of persons from whom or to whom saltwater
8 products are purchased or sold, the quantity so purchased or
9 sold from or to each vendor or purchaser, and the date of each
10 such transaction. Retail dealers shall be required to make and
11 preserve a record from whom all saltwater products are
12 purchased. Such record shall be open to inspection at all
13 times by the commission department. A report covering the
14 sale of saltwater products shall be made monthly or as often
15 as required by rule to the commission department by each
16 wholesale dealer. All reports required under this subsection
17 are confidential and shall be exempt from the provisions of s.
18 119.07(1) except that, pursuant to authority related to
19 interstate fishery compacts as provided by ss. 370.19(3) and
20 370.20(3), reports may be shared with another state if that
21 state is a member of an interstate fisheries compact, and if
22 that state has signed a Memorandum of Agreement or a similar
23 instrument agreeing to preserve confidentiality as established
24 by Florida law.
25 (b) The commission department may revoke, suspend, or
26 deny the renewal of the license of any dealer for failure to
27 make and keep required records, for failure to make required
28 reports, for failure or refusal to permit the examination of
29 required records, or for falsifying any such record. In
30 addition to, or in lieu of, the penalties imposed pursuant to
31 this paragraph and s. 370.021, the commission department may
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 impose against any person, firm, or corporation who is
2 determined to have violated any provision of this paragraph or
3 any provisions of any commission department rules promulgated
4 pursuant to s. 370.0607, the following additional penalties:
5 1. For the first violation, a civil penalty of up to
6 $1,000;
7 2. For a second violation committed within 24 months
8 of any previous violation, a civil penalty of up to $2,500;
9 and
10 3. For a third or subsequent violation committed
11 within 36 months of any previous two violations, a civil
12 penalty of up to $5,000.
13
14 The proceeds of all civil penalties collected pursuant to this
15 subsection shall be deposited into the Marine Resources
16 Conservation Trust Fund and shall be used for administration,
17 auditing, and law enforcement purposes.
18 Section 3. Subsection (1) of section 370.101, Florida
19 Statutes, is amended to read:
20 370.101 Saltwater fish; regulations.--
21 (1) The Division of Marine Fisheries of the Fish and
22 Wildlife Conservation Commission Resources is authorized to
23 establish weight equivalencies when minimum lengths of
24 saltwater fish are established by law, in those cases where
25 the fish are artificially cultivated.
26 Section 4. Subsection (2) of section 370.11, Florida
27 Statutes, is amended to read:
28 370.11 Fish; regulation.--
29 (2) REGULATION; FISH; TARPON, ETC.--No person may
30 sell, offer for sale, barter, exchange for merchandise,
31 transport for sale, either within or without the state, offer
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 to purchase or purchase any species of fish known as tarpon
2 (Tarpon atlanticus) provided, however, any one person may
3 carry out of the state as personal baggage or transport within
4 or out of the state not more than two tarpon if they are not
5 being transported for sale. The possession of more than two
6 tarpon by any one person is unlawful; provided, however, any
7 person may catch an unlimited number of tarpon if they are
8 immediately returned uninjured to the water and released where
9 the same are caught. No common carrier in the state shall
10 knowingly receive for transportation or transport, within or
11 without the state, from any one person for shipment more than
12 two tarpon, except as hereinafter provided. It is expressly
13 provided that any lawful established taxidermist, in the
14 conduct of taxidermy, may be permitted to move or transport
15 any reasonable number of tarpon at any time and in any manner
16 he or she may desire, as specimens for mounting; provided,
17 however, satisfactory individual ownership of the fish so
18 moved or transported can be established by such taxidermist at
19 any time upon demand. Common carriers shall accept for
20 shipment tarpon from a taxidermist when statement of
21 individual ownership involved accompanies bill of lading or
22 other papers controlling the shipment. The Division of Marine
23 Fisheries Resources may, in its discretion, upon application
24 issue permits for the taking and transporting of tarpon for
25 scientific purposes.
26 Section 5. Subsection (1) of section 370.1107, Florida
27 Statutes, is amended to read:
28 370.1107 Definition; possession of certain licensed
29 traps prohibited; penalties; exceptions; consent.--
30 (1) As used in this section, the term "licensed
31 saltwater fisheries trap" means any trap for the taking of
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 saltwater products required to be licensed by the Fish and
2 Wildlife Conservation Commission, and whose license fees and
3 penalties are authorized by the Legislature pursuant to this
4 chapter or by the commission for the taking of saltwater
5 products.
6 Section 6. Subsection (4) and paragraph (d) of
7 subsection (5) of section 370.13, Florida Statutes, are
8 amended to read:
9 370.13 Stone crab; regulation.--
10 (4) Any gear, equipment, boat, vehicle, or item used
11 in the violation of this section is subject to confiscation.
12 In addition, the Fish and Wildlife Conservation Commission
13 Department of Environmental Protection shall revoke the permit
14 of any permitholder convicted of a violation of paragraph
15 (1)(a) for a period of 1 year from the date of the conviction,
16 and he or she is prohibited during that period from catching
17 or having in his or her possession any stone crab for the
18 person's own use or to sell or offer to sell, whether or not
19 he or she is accompanied by the holder of a valid permit and
20 regardless of where taken.
21 (5)
22 (d) If a person holding an active trap number, or a
23 member of that person's immediate family, does not request
24 renewal of the number before the applicable dates as specified
25 in this subsection, the commission department shall deactivate
26 that trap number.
27 Section 7. Subsections (1), (3), (4), (5), and (6) of
28 section 370.1405, Florida Statutes, are amended to read:
29 370.1405 Crawfish reports by dealers during closed
30 season required.--
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (1) Within 3 days after the commencement of the closed
2 season for the taking of saltwater crawfish, each and every
3 seafood dealer, either retail or wholesale, intending to
4 possess whole crawfish, crawfish tails, or crawfish meat
5 during closed season shall submit to the Fish and Wildlife
6 Conservation Commission Department of Environmental
7 Protection, on forms provided by the commission department, a
8 sworn report of the quantity, in pounds, of saltwater whole
9 crawfish, crawfish tails, and crawfish meat in the dealer's
10 name or possession as of the date the season closed. This
11 report shall state the location and number of pounds of whole
12 crawfish, crawfish tails, and crawfish meat. The commission
13 department shall not accept any reports not delivered or
14 postmarked by midnight of the 3rd calendar day after the
15 commencement of the closed season, and any stocks of crawfish
16 reported therein are declared a nuisance and may be seized by
17 the commission department.
18 (3) All dealers having reported stocks of crawfish may
19 sell or offer to sell such stocks of crawfish; however, such
20 dealers shall submit an additional report on the last day of
21 each month during the duration of the closed season. Reports
22 shall be made on forms supplied by the commission department.
23 Each dealer shall state on this report the number of pounds
24 brought forward from the previous report period, the number of
25 pounds sold during the report period, the number of pounds, if
26 any, acquired from a licensed wholesale dealer during the
27 report period, and the number of pounds remaining on hand. In
28 every case, the amount of crawfish sold plus the amount
29 reported on hand shall equal the amount acquired plus the
30 amount reported remaining on hand in the last submitted
31 report. Copies of records or invoices documenting the number
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 of pounds acquired during the closed season must be maintained
2 by the wholesale or retail dealer and shall be kept available
3 for inspection by the commission department for a period not
4 less than 3 years from the date of the recorded transaction.
5 Reports postmarked later than midnight on the 3rd calendar day
6 of each month during the duration of the closed season will
7 not be accepted by the commission department. Dealers for
8 which late supplementary reports are not accepted by the
9 commission department must show just cause why their entire
10 stock of whole crawfish, crawfish tails, or crawfish meat
11 should not be seized by the commission department. Whenever a
12 dealer fails to timely submit the monthly supplementary report
13 as described in this subsection, the dealer may be subject to
14 the following civil penalties:
15 (a) For a first violation, the commission department
16 shall assess a civil penalty of $500.
17 (b) For a second violation within the same crawfish
18 closed season, the commission department shall assess a civil
19 penalty of $1,000.
20 (c) For a third violation within the same crawfish
21 closed season, the commission department shall assess a civil
22 penalty of $2,500 and may seize said dealer's entire stock of
23 whole crawfish, crawfish tails, or crawfish meat and carry the
24 same before the court for disposal. The dealer shall post a
25 cash bond in the amount of the fair value of the entire
26 remaining quantity of crawfish as determined by the judge.
27 After posting the cash bond, a dealer shall have 24 hours to
28 transport said products outside the limits of Florida for sale
29 as provided by s. 370.061. Otherwise, the product shall be
30 declared a nuisance and disposed of by the commission
31 department according to law.
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (4) All seafood dealers shall at all times during the
2 closed season make their stocks of whole crawfish, crawfish
3 tails, or crawfish meat available for inspection by the
4 commission department.
5 (5) Each wholesale and retail dealer in whole
6 crawfish, crawfish tails, or crawfish meat shall keep
7 throughout the period of the crawfish closed season copies of
8 the bill of sale or invoice covering each transaction
9 involving whole crawfish, crawfish tails, or crawfish meat.
10 Such invoices and bills shall be kept available at all times
11 for inspection by the commission department.
12 (6) The Fish and Wildlife Conservation Commission
13 Department of Environmental Protection is authorized to adopt
14 rules incorporating by reference such forms as are necessary
15 to implement the provisions of this section.
16 Section 8. Section 370.25, Florida Statutes, is
17 amended to read:
18 370.25 Artificial fishing reef program; construction
19 grants to local governments.--
20 (1) An artificial fishing reef program is created
21 within the Fish and Wildlife Conservation Commission
22 Department of Environmental Protection to enhance saltwater
23 fishing opportunities and to promote proper management of
24 fisheries resources associated with artificial reefs for the
25 public interest. Under the program, the commission department
26 shall provide grants and technical assistance to coastal local
27 governments and nonprofit organizations qualified under s.
28 501(c)(3) of the Internal Revenue Code for the siting and
29 development of saltwater artificial fishing reefs as well as
30 monitoring and evaluating their recreational, economic, and
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 biological effectiveness. The program may be funded from
2 state, federal, and private contributions.
3 (2) The commission department may adopt by rule
4 procedures for submitting a grant application and criteria for
5 allocating available funds. Such criteria shall include, but
6 not be limited to, the following:
7 (a) The number of artificial fishing reefs and extent
8 of the natural reef community currently located in the general
9 vicinity;
10 (b) The documented demand and public support for the
11 proposed reef;
12 (c) The number of public and private access points to
13 the proposed reef;
14 (d) The commitment of the local government or
15 authorized nonprofit organization to provide funds or other
16 support for the development, monitoring, evaluation, and
17 management of the proposed reef;
18 (e) The estimated cost for developing or monitoring
19 the proposed reef;
20 (f) The stated objectives for developing or evaluating
21 the reef and a means to measure the level of attainment of
22 these objectives; and
23 (g) The ability of applicants to conduct artificial
24 reef monitoring projects using established scientific protocol
25 either independently or in collaboration with marine research
26 entities.
27 (3) The commission department shall establish criteria
28 for siting, constructing, managing, and evaluating the
29 effectiveness of artificial reefs, including the specification
30 of what materials are permissible to use in constructing
31 fishing reefs. No material shall be permitted to be used as an
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 artificial reef under conditions where hurricane force storm
2 events could reasonably be expected to cause the underwater
3 lateral movement of the material off the permitted reef site,
4 or cause substantial structural failure of the material. No
5 material shall be permitted to be used as an artificial reef
6 which has a demonstrated life expectancy in sea water as a
7 functioning reef community of less than 20 years, or which has
8 not been found to be safe for marine life and human health by
9 the commission department. Each artificial reef must be
10 constructed in a manner that is consistent with the public
11 interest, will not harm the marine environment, or impede
12 navigation or other traditional uses.
13 (4) The commission department shall establish criteria
14 for determining the eligibility of nonprofit organizations
15 qualified under s. 501(c)(3) of the Internal Revenue Code to
16 apply for and receive available reef development or evaluation
17 funds. The criteria must include, but are not limited to:
18 (a) The organization must show proof that it is a
19 nonprofit organization qualified under s. 501(c)(3) of the
20 Internal Revenue Code and currently operating in full
21 compliance with United States Internal Revenue Service
22 regulations defining and governing those organizations.
23 (b) The organization must have as one of its principal
24 charges the development or monitoring of artificial reefs and
25 must agree to use the best science-based management practices
26 available.
27 (c) The organization must be a not-for-profit
28 corporation and must have its principal place of business
29 within the state.
30 (5) The commission's department's artificial reef
31 program shall track artificial reef development activities
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 statewide and maintain a computer database of this activity
2 for the public interest and to facilitate long-range planning
3 and coordination within the commission department and among
4 local governments.
5 (6) It is unlawful for any person to:
6 (a) Place artificial-reef-construction materials in
7 state water outside zones permitted under the terms and
8 conditions defined in the applicable environmental permits and
9 under United States Army Corps of Engineers permits held by
10 the commission department or a local government.
11 (b) Place in state waters artificial-reef-construction
12 materials that have not been inspected and approved by the
13 commission department or a commission-certified
14 department-certified inspector.
15 (7)(a) An initial violation of subsection (6) is a
16 misdemeanor of the first degree, punishable as provided in s.
17 775.082 or s. 775.083. A subsequent violation of subsection
18 (6) which is committed within 12 months after a previous
19 violation of that subsection is a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084.
22 (b) If a violation of paragraph (4)(a) or paragraph
23 (6)(a) occurs, a law enforcement officer may terminate a
24 vessel's voyage and order the vessel operator to return
25 immediately to port. The vessel operator must immediately
26 dispose of the materials on shore according to applicable
27 waste disposal laws.
28 (c) If, at the time of the violation, the vessel that
29 is involved in the violation:
30 1. Is moored, the registered owner of the vessel is
31 responsible for the violation.
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 2. Is underway, the captain or operator of the vessel
2 and the registered owner of the vessel are jointly responsible
3 for the violation.
4 (d) In addition to the penalties imposed in this
5 subsection, the commission department shall assess civil
6 penalties of up to $5,000 against any person convicted of
7 violating subsection (6) and may suspend or revoke the vessel
8 registration and may revoke existing reef-construction permits
9 and other state marine licenses held by the violator. For the
10 purposes of this section, conviction includes any judicial
11 disposition other than acquittal or dismissal.
12 Section 9. Part II of chapter 370, Florida Statutes,
13 consisting of sections 370.40 through 370.74, Florida
14 Statutes, is created and entitled "Freshwater Fisheries."
15 Section 10. Section 370.40, Florida Statutes, is
16 created to read:
17 370.40 Definitions.--In construing these statutes,
18 when applied to saltwater and freshwater fish, shellfish,
19 crustacea, sponges, where the context permits, the word,
20 phrase, or term:
21 (1) "Authorization" means a number issued by the Fish
22 and Wildlife Conservation Commission, or its authorized agent,
23 which serves in lieu of a license or permit and affords the
24 privilege purchased for a specified period of time.
25 (2) "Closed season" is that portion of the year
26 wherein the laws of Florida forbid the taking of particular
27 varieties of fish.
28 (3) "Commission" means the Fish and Wildlife
29 Conservation Commission.
30 (4) "Common carrier" includes any person, firm, or
31 corporation which undertakes for hire, as a regular business,
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 the transportation of persons or commodities from place to
2 place, offering its services to all who may choose to employ
3 it and pay its charges.
4 (5) "Fish" includes all freshwater and saltwater fish,
5 shellfish, crustacea, and sponges.
6 (6) "Fish management area" is a pond, lake, or other
7 water within a county or within several counties designated to
8 improve fishing for public use and established and
9 specifically circumscribed for authorized management by the
10 Fish and Wildlife Conservation Commission and the board of
11 county commissioners of the county in which such waters lie
12 under agreement between the commission and an owner with
13 approval by the board of county commissioners or under
14 agreement with the board of county commissioners for use of
15 public waters in the county in which such waters lie.
16 (7) "Fish pond" means a body of water that does not
17 occur naturally and that has been constructed and is
18 maintained primarily for the purpose of fishing.
19 (8) "Fresh water," except where otherwise provided by
20 law, includes all lakes, rivers, canals, and other waterways
21 of Florida, to such point or points where the fresh and salt
22 waters commingle to such an extent as to become unpalatable
23 and unfit for human consumption, because of the saline
24 content, or to such point or points as may be fixed by the
25 Fish and Wildlife Conservation Commission, by and with the
26 consent of the board of county commissioners of the county or
27 counties to be affected by such order. The Steinhatchee River
28 shall be considered fresh water from its source to mouth.
29 (9) "Freshwater fish" includes all classes of pisces
30 that are indigenous to fresh water.
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (10) "Open season" is that portion of the year wherein
2 the laws of Florida for the preservation of fish permit the
3 taking of particular varieties of fish.
4 (11) "Resident" means:
5 (a) Any person who has continually resided in this
6 state for 6 months; or
7 (b) Any member of the United States Armed Forces who
8 is stationed in this state.
9 (12) "Take" means taking, attempting to take,
10 pursuing, hunting, molesting, capturing, or killing freshwater
11 fish or their nests or eggs, by any means, whether or not such
12 actions result in obtaining possession of such freshwater fish
13 or their nests or eggs.
14 (13) "Transport" includes shipping, transporting,
15 carrying, importing, exporting, receiving or delivering for
16 shipment, transportation, carriage, or export.
17 Section 11. Section 372.0225, Florida Statutes, is
18 renumbered as section 370.41, Florida Statutes, and amended to
19 read:
20 370.41 372.0225 Freshwater organisms.--
21 (1) The Division of Freshwater Fisheries of the Fish
22 and Wildlife Conservation Commission, in order to manage the
23 promotion, marketing, and quality control of all freshwater
24 organisms produced in Florida and utilized commercially so
25 that such organisms shall be used to produce the optimum
26 sustained yield consistent with the protection of the breeding
27 stock, is responsible for directed and charged with the
28 responsibility of:
29 (a) Regulating Providing for the regulation of the
30 promotion, marketing, and quality control of freshwater
31 organisms produced in Florida and utilized commercially.
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (b) Regulating the processing of commercial freshwater
2 organisms on the water or on the shore.
3 (c) Providing documentation standards and statistical
4 record requirements with respect to commercial freshwater
5 organism catches.
6 (d) Conducting scientific, economic, and other studies
7 and research on all freshwater organisms produced in the state
8 and used commercially.
9 (2) The responsibility with which the Division of
10 Freshwater Fisheries is charged under subsection (1) shall in
11 no way supersede or duplicate the responsibilities of the
12 Department of Agriculture and Consumer Services under chapter
13 500, the Florida Food Safety Act, chapter 597, the Florida
14 Aquaculture Policy Act, and the rules adopted thereunder.
15 Section 12. Section 372.26, Florida Statutes, is
16 renumbered as section 370.42, Florida Statutes, and amended to
17 read:
18 370.42 372.26 Imported fish.--
19 (1) No person shall import into the state or place in
20 any of the fresh waters of the state any freshwater fish of
21 any species without having first obtained a permit from the
22 Fish and Wildlife Conservation Commission. The commission is
23 authorized to issue or deny such a permit upon the completion
24 of studies of the species made by it to determine any
25 detrimental effect the species might have on the ecology of
26 the state.
27 (2) Any person Persons in violation of this section
28 commits shall be guilty of a misdemeanor of the first degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 13. Section 372.27, Florida Statutes, is
2 renumbered as section 370.43, Florida Statutes, and amended to
3 read:
4 370.43 372.27 Silver Springs and Rainbow Springs,
5 etc., closed to all fishing.--It is unlawful for any person to
6 take any fish within Marion County, from the waters of Rainbow
7 Springs and Rainbow River (formerly known as Blue Springs and
8 Blue Springs River) within a radius of 1 mile from the head of
9 said spring, or from the waters of Silver Springs or Silver
10 Springs Run from the head of said spring to its junction with
11 the Oklawaha River; provided, that the Fish and Wildlife
12 Conservation Commission may remove or cause to be removed any
13 gar, mud fish or other predatory fish when in its judgment
14 their removal is desirable.
15 Section 14. Section 372.31, Florida Statutes, is
16 renumbered as section 370.44, Florida Statutes, and amended to
17 read:
18 370.44 372.31 Disposition of illegal fishing
19 devices.--
20 (1) In all cases of arrest and conviction for use of
21 illegal nets or traps or fishing devices in the fresh waters
22 of this state, as provided in this chapter, such illegal net,
23 trap, or fishing device is declared to be a nuisance and shall
24 be seized and carried before the court having jurisdiction of
25 such offense and said court shall order such illegal trap,
26 net, or fishing device forfeited to the Fish and Wildlife
27 Conservation Commission immediately after trial and conviction
28 of the person in whose possession they were found.
29 (2) When any illegal net, trap, or fishing device is
30 found in the fresh waters of the state, and the owner of same
31 shall not be known to the officer finding the same, such
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 officer shall immediately procure from the county court judge
2 an order forfeiting said illegal net, trap, or fishing device
3 to the Fish and Wildlife Conservation Commission. The Fish
4 and Wildlife Conservation Commission may destroy such illegal
5 net, trap, or fishing device, if in its judgment said net,
6 trap, or fishing device is not of value in the work of the
7 commission department.
8 (3)(2) When any nets, traps, or fishing devices are
9 found being used illegally in the fresh waters of this state
10 as provided in this chapter, the same shall be seized and
11 forfeited to the Fish and Wildlife Conservation Commission as
12 provided in this part chapter.
13 Section 15. Section 372.311, Florida Statutes, is
14 renumbered as section 370.441, Florida Statutes, and amended
15 to read:
16 370.441 372.311 Disposition and appraisal of property
17 seized under this chapter.--
18 (1) Every officer seizing illegally used property
19 pursuant to the provisions of this law shall forthwith make
20 return of the seizure thereof and deliver the said property to
21 the board of county commissioners of the county in which
22 wherein the said property was seized. The said return to the
23 board of county commissioners shall describe the property
24 seized and give in detail the facts and circumstances under
25 which the same was seized and state in full the reason why the
26 seizing officer knew, or was led to believe, said property was
27 being used for and in connection with a violation of the
28 statutes and laws of this state prohibiting the illegal use of
29 nets, traps, or fishing devices. The said return shall
30 contain the names of all persons, firms, and corporations
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 known to the seizing officer to be interested in the seized
2 property.
3 (2) When any illegally used property is seized by any
4 officer pursuant to this law and delivered to the board of
5 county commissioners as aforesaid, the board shall forthwith
6 fix the approximate value thereof and make return thereof to
7 the clerk of the circuit court as hereinafter provided.
8 (3) The return of the board of county commissioners
9 shall contain a schedule of the property seized, describing
10 the same in reasonable detail and giving in detail the facts
11 and circumstances under which it was seized and state in full
12 the reason why the seizing officer knew or was led to believe
13 that the property was being used for or in connection with a
14 violation of the statutes and laws of this state prohibiting
15 the illegal use of nets, traps, or fishing devices; and a
16 statement of the names of all persons, firms, and corporations
17 known to be interested in the seized property and shall attach
18 to their said return as exhibit thereto, the return of the
19 seizing officer to the board.
20 (4) The board of county commissioners shall hold the
21 said seized property pending its disposal by the court as
22 hereinafter provided.
23 Section 16. Section 372.312, Florida Statutes, is
24 renumbered as section 370.442, Florida Statutes, and amended
25 to read:
26 370.442 372.312 Forfeiture proceedings.--
27 (1) The return of the board aforesaid to the clerk of
28 the circuit court shall be taken and considered as the state's
29 petition or libel in rem for the forfeiture of the property
30 therein described, of which the circuit court of the county
31 shall have jurisdiction, without regard to value. The said
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 return shall be sufficient as said petition or libel
2 notwithstanding the fact that it may contain no formal prayer
3 or demand for forfeiture, it being the intention of the
4 Legislature that forfeiture may be decreed without a formal
5 prayer or demand therefor. The said return shall be subject
6 to amendment at any time before final hearing, provided that
7 copies thereof shall be served upon all persons, firms, or
8 corporations who may have filed a claim prior to such
9 amendment.
10 (2) Upon the filing of said return, the clerk of the
11 circuit court shall issue a citation, directed to all persons,
12 firms, and corporations owning, having or claiming an interest
13 in or lien upon the seized property, giving notice of the
14 seizure and directing that all persons, firms, or corporations
15 owning, having or claiming an interest therein or lien thereon
16 to file their claim to, on, or in said property within the
17 time fixed in said citation, as to persons, firms, and
18 corporations not personally served, and within 20 days from
19 personal service of said citation, when personal service is
20 had.
21 (3) The said citation may be in, or substantially in,
22 the following form:
23
24 IN THE CIRCUIT COURT OF THE .... JUDICIAL CIRCUIT, IN
25 AND FOR .... COUNTY, FLORIDA.
26
27 IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:
28 (here describe property)
29 THE STATE OF FLORIDA TO:
30
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR
2 CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED
3 PROPERTY
4
5 YOU AND EACH OF YOU are hereby notified that the above
6 described property has been seized, under and by virtue of
7 chapter 370 372, as amended, and is now in the possession of
8 the board of county commissioners of this county, and you, and
9 each of you, are hereby further notified that a petition,
10 under said chapter, has been filed in the circuit court of the
11 .... Judicial Circuit, in and for .... County, Florida,
12 seeking the forfeiture of the said property, and you are
13 hereby directed and required to file your claim, if any you
14 have, and show cause, on or before ...., ...(year)..., if not
15 personally served with process herein, and within twenty days
16 from personal service if personally served with process
17 herein, why the said property should not be forfeited pursuant
18 to said chapter. Should you fail to file claim as herein
19 directed judgment will be entered herein against you in due
20 course. Persons not personally served with process may obtain
21 a copy of the petition for forfeiture filed herein from the
22 undersigned clerk of court.
23 WITNESS my hand and the seal of the above mentioned
24 court, at ...., Florida, this ...., ...(year)....
25 (COURT SEAL) ...(Clerk of the above mentioned court)...
26 By ...(Deputy Clerk)...
27
28 (4) Such citation shall be returnable, as to persons
29 served constructively, as therein directed, not less than 21
30 nor more than 30 days, from the posting or publication
31 thereof, and as to those personally served with process within
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 20 days from service thereof. A copy of the petition shall be
2 served with the process when personally served. Personal
3 service of process may be made in the same manner as a summons
4 in chancery.
5 (5) If the value of the property seized is shown by
6 the board's return to have an appraised value of $1,000 or
7 less, the above citation shall be served by posting at three
8 public places in the county, one of which shall be the front
9 door of the courthouse; if the value of the property is shown
10 by the board's return to have an approximate value of more
11 than $1,000, the citation shall be published at least once
12 each week for 2 consecutive weeks in some newspaper of general
13 publication published in the county, if there be such a
14 newspaper published in the county, and if not, then said
15 notice of such publication shall be made by certificate of the
16 clerk if publication is made by posting and by affidavit as
17 provided in chapter 49, if made by publication in a newspaper,
18 which affidavit or certificate shall be filed and become a
19 part of the record in the cause. Failure of the record to
20 show proof of such publication shall not affect any judgment
21 made in the cause unless it shall affirmatively appear that no
22 such publication was made.
23 Section 17. Section 372.313, Florida Statutes, is
24 renumbered as section 370.443, Florida Statutes, and amended
25 to read:
26 370.443 372.313 Delivery of property to claimant.--Any
27 person, firm, or corporation filing a claim in the cause,
28 which claim shall state fully the her or his right, title,
29 claim, or interest, in and to the seized property, may, at any
30 time after said claim is filed with the clerk of the court,
31 obtain possession of the seized property by filing a petition
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 therefor with the board of county commissioners and posting
2 with said board, to be approved by it, a surety bond, payable
3 to the Governor of the state, in twice the amount of the value
4 of the said property as fixed in the board's return to the
5 clerk of the circuit court, with a corporate surety duly
6 authorized to transact business in this state as surety,
7 conditioned upon her or his paying to the board of county
8 commissioners the value of the property together with costs of
9 the proceeding, if judgment of forfeiture be entered by the
10 court. Upon the posting of such bond with the board and the
11 release of the property to the applicant the cause shall
12 proceed to final judgment in the same manner, as it would
13 have, had no such bond been filed, except that any exception
14 to be issued in the cause pursuant to judgment may run against
15 and be enforced against the person posting said bond and her
16 or his surety.
17 Section 18. Section 372.314, Florida Statutes, is
18 renumbered as section 370.4431, Florida Statutes, to read:
19 370.4431 372.314 Proceeding when no claim filed.--When
20 no claim is filed in the cause within the time required the
21 clerk shall enter a default against all persons, firms and
22 corporations owning, claiming or having an interest in and to
23 the property seized and the cause may then proceed in the same
24 manner as a common-law cause after default, and final judgment
25 shall be entered therein ex parte, except as may be herein
26 otherwise provided.
27 Section 19. Section 372.315, Florida Statutes, is
28 renumbered as section 370.444, Florida Statutes, and amended
29 to read:
30 370.444 372.315 Proceeding when claim filed.--When one
31 or more claims are filed in the cause, the cause shall be
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 tried upon the issues made thereby with the petition for
2 forfeiture with any affirmative defenses being deemed denied
3 without further pleading. Judgment by default shall be
4 entered against all other persons, firms, and corporations
5 owning, claiming, or having an interest in and to the property
6 seized, after which the cause shall proceed as in other
7 common-law cases; except any claimant shall prove to the
8 satisfaction of the court that said claimant she or he did not
9 know or have any reason to believe, at the time the claimant's
10 right, title, interest, or lien arose, that the property was
11 being used for or in connection with the violation of any of
12 the statutes or laws of this state prohibiting the illegal use
13 of nets, traps, or fishing devices in the fresh waters of the
14 state, and further that at said time there was no reasonable
15 reason to believe that the said property might be used for
16 such purpose. Where the owner or user of the property has
17 been convicted of a violation of the statutes and laws of this
18 state prohibiting the illegal use of nets, traps, or fishing
19 devices in the fresh waters of the state, such conviction
20 shall be prima facie evidence that each claimant had reason to
21 believe that the property might be used for or in connection
22 with a violation of such statutes and laws, and the burden of
23 proof shall be upon each claimant to satisfy the court that
24 she or he was without knowledge of such conviction, providing,
25 however, the prima facie presumption of knowledge of a
26 previous conviction of a violation of this law shall only
27 apply to a subsequent proceeding involving the forfeiture of
28 nets, traps, or fishing devices, when owned by such previous
29 offender and upon which a lien is held by the same lienee
30 involved in the first claim proceedings. Trial of all such
31 causes shall be without a jury, except in such cases as a
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 trial by jury may be guaranteed by the State Constitution and
2 in such cases trial by jury shall be deemed waived unless
3 demanded in the claim filed.
4 Section 20. Section 372.316, Florida Statutes, is
5 renumbered as section 370.445, Florida Statutes, and amended
6 to read:
7 370.445 372.316 State attorney to represent
8 state.--Upon the filing of the board's return with the clerk
9 of the circuit court, the said clerk shall furnish the state
10 attorney with a copy thereof and the said state attorney shall
11 represent the state in the forfeiture proceeding. The
12 Department of Legal Affairs shall represent the state in all
13 appeals from judgments of forfeiture to the Supreme Court.
14 The state may appeal any judgment denying forfeiture in whole
15 or in part or that may be otherwise adverse to the state.
16 Section 21. Section 372.317, Florida Statutes, is
17 renumbered as section 370.446, Florida Statutes, and amended
18 to read:
19 370.446 372.317 Judgment of forfeiture.--On final
20 hearing, the return of the board to the clerk of the circuit
21 court shall be taken as prima facie evidence that the property
22 seized was or had been used in, or in connection with, the
23 violation of the statutes and laws of this state prohibiting
24 the illegal use of nets, traps, or fishing devices in the
25 fresh waters of the this state and shall be sufficient
26 predicate for a judgment of forfeiture in the absence of other
27 proofs and evidence. The burden shall be upon the claimant to
28 show that the property was not so used or, if so used, that
29 the claimant they had no knowledge of such violation and no
30 reason to believe that the seized property was or would be
31 used for the violation of such statutes and laws. Where such
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 property is encumbered by a lien or retained title agreement
2 under circumstances wherein the lienholder had no knowledge
3 that the property was or would be used in violating such
4 statutes and laws, and no reasonable reason to believe that it
5 might be so used, then the court may declare a forfeiture of
6 all other rights, titles and interests, subject, however, to
7 the lien of such innocent lienholder, or may direct the
8 payment of such lien from the proceeds of any sale of the said
9 property. The proceedings and the judgment of forfeiture
10 shall be in rem and shall be primarily against the property
11 itself. Upon the entry of a judgment of forfeiture the court
12 shall determine the disposition to be made of the property,
13 which may include the destruction thereof, the sale thereof,
14 the allocation thereof to some governmental function or use,
15 or otherwise as the court may determine. Sales of such
16 property shall be at public sale to the highest and best
17 bidder therefor for cash after 2 weeks' public notice as the
18 court may direct. Where the property has been delivered to a
19 claimant upon the posting of a bond the court shall determine
20 the value of the property or portion thereof subject to
21 forfeiture and shall enter judgment against the principal and
22 surety of the bond in such amount for which execution shall
23 issue in the usual manner. Upon the application of any
24 claimant the court may fix the value of the forfeitable
25 interest or interests in the seized property and permit such
26 claimant to redeem the said property upon the payment of a sum
27 equal to said value which sum shall be disposed of as would
28 the proceeds of a sale of the said property under a judgment
29 of forfeiture.
30
31
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 22. Section 372.318, Florida Statutes, is
2 renumbered as section 370.447, Florida Statutes, and amended
3 to read:
4 370.447 372.318 Service charges.--Service charges
5 required hereunder shall be the same as provided for sheriffs
6 and clerks by under law for similar services in other cases
7 and matters.
8 Section 23. Section 372.319, Florida Statutes, is
9 renumbered as section 370.448, Florida Statutes, and amended
10 to read:
11 370.448 372.319 Disposition of proceeds of
12 forfeiture.--All sums received from sale or other disposition
13 of the seized property shall be paid into the county fine and
14 forfeiture fund and shall become a part thereof.
15 Section 24. Section 372.321, Florida Statutes, is
16 renumbered as section 370.449, Florida Statutes, and amended
17 to read:
18 370.449 372.321 Exercise of police power.--It is
19 deemed by the Legislature that this law (ss. 370.44 to 370.448
20 372.31 to 372.319, both inclusive) is necessary for the more
21 efficient and proper enforcement of the statutes and laws of
22 this state prohibiting the illegal use of nets, traps, or
23 fishing devices in the fresh waters of the state and a lawful
24 exercise of the police power of the state for the protection
25 of the public welfare, health, and safety of the people of the
26 state. All the provisions of this law shall be liberally
27 construed for the accomplishment of these purposes.
28 Section 25. Section 370.45, Florida Statutes, is
29 created to read:
30 370.45 Issuance of licenses or permits to take
31 freshwater aquatic life; costs; reporting.--
39
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (1) The provisions of this section shall apply to such
2 licenses or permits as are established in part II of this
3 chapter.
4 (2) The commission shall issue licenses and permits
5 for taking freshwater aquatic life upon proof by the applicant
6 for licensure that she or he is entitled to such license or
7 permit. The commission shall establish the forms for such
8 licenses and permits. 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 program for
13 child support enforcement and use by the commission, and as
14 otherwise provided by law.
15 (3) Licenses and permits for the state may be sold by
16 the commission, by any tax collector in this state, or by any
17 appointed subagent.
18 (4)(a) In addition to any license or permit fee, the
19 sum of $1.50 shall be charged for each license or fish
20 management area permit sold. Such charge is for the purpose
21 of, and the source from which is subtracted, all
22 administrative costs of issuing a license or permit,
23 including, but not limited to, printing, distribution, and
24 credit card fees.
25 (b) Tax collectors may retain $1 for each license or
26 fish management area permit sold.
27 (5) Licenses and permits shall be issued, without fee,
28 to any resident who is certified to be totally and permanently
29 disabled by the United States Department of Veterans Affairs
30 or its predecessor, by the United States Social Security
31 Administration, by any branch of the United States Armed
40
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Forces, or by the verified written statement which is based
2 upon the criteria for permanent and total disability in
3 chapter 440 of a physician licensed in this state or who holds
4 a valid identification card issued under the provisions of s.
5 295.17, upon proof of same. Any license issued after January
6 1, 1997, expires after 5 years and must be reissued, upon
7 request, every 5 years thereafter. A Disability Award Notice
8 issued by the United States Social Security Administration is
9 not sufficient certification for obtaining a permanent fishing
10 license under this section unless said form certifies a
11 resident is totally and permanently disabled.
12 (6)(a) Tax collectors shall remit license and permit
13 moneys, along with a report of funds collected and other
14 required documentation, to the commission within 7 days
15 following the last business day of the week in which the fees
16 were received by the tax collector. The tax collector shall
17 maintain records of all such licenses and permits which are
18 sold, and all stamps issued, voided, stolen, or lost. The tax
19 collector is responsible to the commission for the fee for all
20 licenses and permits sold and for the value of all stamps
21 reported as lost. The tax collector shall report stolen
22 permits to the appropriate law enforcement agency. The tax
23 collector shall submit a written report and a copy of the law
24 enforcement agency's report to the commission within 5 days
25 after discovering the theft. The value of a validation stamp
26 is $5.
27 (b) The tax collector is also responsible for fees for
28 all licenses and permits sold by the tax collector's subagents
29 and for the value of all stamps reported as lost. The
30 commission may adopt rules to implement this section.
31
41
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (c) Not later than August 15 of each year, each county
2 tax collector shall submit to the commission all unissued
3 stamps for the previous year along with a written audit
4 report, on forms prescribed or approved by the commission, of
5 the numbers of the unissued stamps.
6 (7) Within 30 days after the submission of the annual
7 audit report, each county tax collector shall provide the
8 commission with a written audit report on unissued, sold, and
9 voided licenses, permits, and stamps with a certified
10 reconciliation statement prepared by a certified public
11 accountant. Concurrent with the submission of the
12 certification, the county tax collector shall remit to the
13 commission the monetary value of all licenses, permits, and
14 stamps that are unaccounted for. Each tax collector is also
15 responsible for fees for all licenses, permits, and stamps
16 distributed by him or her to subagents, sold by him or her, or
17 reported by him or her as lost.
18 Section 26. Section 370.46, Florida Statutes, is
19 created to read:
20 370.46 Licenses and permits; exemptions; fees.--No
21 person, except as provided herein, shall take freshwater fish
22 within this state without having first obtained a license,
23 permit, or authorization and paid the fees hereinafter set
24 forth, unless such license is issued without fee as provided
25 in s. 370.45. Such license, permit, or authorization shall
26 authorize the person to whom it is issued to take freshwater
27 fish in accordance with law and commission rules. Such
28 license, permit, or authorization is not transferable. Each
29 license or permit must bear on its face in indelible ink the
30 name of the person to whom it is issued and other information
31 requested by the commission. Such license, permit, or
42
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 authorization issued by the commission or any agent must be in
2 the personal possession of the person to whom issued while
3 taking freshwater fish. The failure of such person to exhibit
4 such license, permit, or authorization to the commission or
5 its wildlife officers, when such person is found taking
6 freshwater fish is a violation of law. A positive form of
7 identification is required when using an authorization, a
8 lifetime license, or a 5-year license, or when otherwise
9 required by the license or permit. The lifetime licenses and
10 5-year licenses provided herein shall be embossed with the
11 name, date of birth, the date of issuance, and other pertinent
12 information as deemed necessary by the commission. A
13 certified copy of the applicant's birth certificate shall
14 accompany all applications for a lifetime license for
15 residents 12 years of age and younger. Each applicant for a
16 license, permit, or authorization shall provide the
17 applicant's social security number on the application form.
18 Disclosure of social security numbers obtained through this
19 requirement shall be limited to the purpose of administration
20 of the Title IV-D child support enforcement program and use by
21 the commission, and as otherwise provided by law.
22 (1) A license or permit is not required for:
23 (a) Any child under 16 years of age except as
24 otherwise provided in this chapter.
25 (b) Any person freshwater fishing in the person's
26 county of residence on the person's homestead or the homestead
27 of the person's spouse or minor child, or any minor child
28 freshwater fishing on the homestead of her or his parent.
29 (c) Any resident who is a member of the Armed Forces
30 of the United States, who is not stationed in this state, when
31 home on leave for 30 days or less, upon submission of orders.
43
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (d) Any resident when freshwater fishing with live or
2 natural bait, using poles or lines which are not equipped with
3 a fishing line retrieval mechanism, and freshwater fishing for
4 noncommercial purposes in the county of her or his residence,
5 except on legally established fish management areas. This
6 paragraph may be cited as the "Dempsey J. Barron, W. D.
7 Childers, and Joe Kershaw Cane Pole Tax Repeal Act of 1976."
8 (e) Any person fishing in a fish pond of 20 acres or
9 less which is located entirely within the private property of
10 the fish pond owner.
11 (f) Any person fishing in a fish pond which is
12 licensed in accordance with s. 370.461.
13 (g) Any person freshwater fishing who has been
14 accepted as a client for developmental services by the
15 Department of Children and Family Services, which department
16 shall furnish such person proof thereof.
17 (h) Any resident 65 years of age or older who has in
18 her or his possession proof of age and residency. A free
19 license may be obtained from any tax collector's office upon
20 proof of age and residency.
21 (2) For residents and nonresidents, the license and
22 fees for noncommercial fishing in this state, and the activity
23 authorized thereby, are as follows:
24 (a) A fishing license for a resident to take
25 freshwater fish in this state is $12.
26 (b) A fishing license for a nonresident to take
27 freshwater fish in this state for 7 consecutive days is $15.
28 (c) A fishing license for a nonresident to take
29 freshwater fish in this state is $30.
30
31
44
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (d) A combination fishing and hunting license for a
2 resident to take freshwater fish and game in this state is
3 $22.
4 (e) A sportsman's license for a resident is $66. The
5 sportsman's license authorizes the holder to take freshwater
6 fish and game, subject to state and federal regulations and
7 rules of the commission in effect at the time of taking, and
8 authorizes the same activities authorized by a management area
9 permit, a muzzle-loading gun permit, a turkey permit, a
10 Florida waterfowl permit, and an archery permit. A
11 nonresident may not purchase a sportsman's license.
12 (3) In addition to any license required by this
13 chapter, the following permits and fees for certain fishing,
14 and recreational uses, and the activities authorized thereby,
15 are:
16 (a)1. Management area permits to fish or otherwise use
17 for outdoor recreational purposes, land owned, leased, or
18 managed by the commission or the state for the use and benefit
19 of the commission, up to $25 annually. Permits and fees for
20 short-term use of land which is owned, leased, or managed by
21 the commission may be established by rule of the commission
22 for any activity on such lands. Such permits and fees may be
23 in lieu of or in addition to the annual management area
24 permit. Other than for fishing, the provisions of this
25 paragraph shall not apply on any lands not owned by the
26 commission, unless the commission shall have obtained the
27 written consent of the owner or primary custodian of such
28 lands.
29 2. A recreational user permit fee to fish or otherwise
30 use for outdoor recreational purposes, land leased by the
31 commission from private nongovernmental owners, except for
45
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 those lands located directly north of the Apalachicola
2 National Forest, east of the Ochlockonee River until the point
3 the river meets the dam forming Lake Talquin, and south of the
4 closest federal highway. The fee for this permit shall be
5 based upon economic compensation desired by the landowner,
6 fish population levels, and administrative costs. The permit
7 fee shall be set by commission rule on a per-acre basis. On
8 property currently in the private landowner payment program,
9 the prior year's landowner payment shall be used to augment
10 the recreational user permit fee so as to decrease the permit
11 fee for the users of that property. The spouse and dependent
12 children of a permittee are exempt from the recreational user
13 permit fee when engaged in outdoor recreational activities
14 other than hunting in the company of the
15 permittee. Notwithstanding any other provision of this
16 chapter, there are no other exclusions, exceptions, or
17 exemptions from this permit fee. The recreational user permit
18 fee, less an administrative permit fee of up to $25 per
19 permit, shall be remitted to the landowner as provided in the
20 lease agreement for each area.
21 (b) A special use permit for limited entry fishing,
22 where such fishing is authorized by commission rule, shall be
23 up to $100 per day but shall not exceed $250 per week.
24 Notwithstanding any other provision of this part, there are no
25 exclusions, exceptions, or exemptions from this fee. In
26 addition to the fee, the commission may charge each applicant
27 for a special use permit a nonrefundable application fee of up
28 to $10.
29 (c) The fee for a permanent hunting and fishing
30 license for a resident 64 years of age or older is $12.
31
46
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (4) The commission is authorized to reduce the fees
2 for licenses and permits under this section for residents of
3 those states with which the commission has entered into
4 reciprocal agreements with respect to such fees.
5 (5) The commission may designate by rule no more than
6 2 consecutive or nonconsecutive days in each year as free
7 fishing days. Notwithstanding any other provision of this
8 chapter, any person may take freshwater fish for noncommercial
9 purposes on a free fishing day without obtaining or possessing
10 a license or paying a license fee as prescribed in this
11 section. A person who takes freshwater fish on a free fishing
12 day without obtaining a license or paying a fee must comply
13 with all laws and regulations governing holders of a fishing
14 license and all other conditions and limitations regulating
15 the taking of freshwater fish as are imposed by law or rule.
16 (6) A resident lifetime sportsman's license authorizes
17 the holder to engage in the following noncommercial
18 activities:
19 (a) To take or attempt to take or possess freshwater
20 fish, marine fish, and game, consistent with state and federal
21 regulations and rules of the commission in effect at the time
22 of taking.
23 (b) All activities authorized by a management area
24 permit, a muzzle-loading gun permit, a turkey permit, an
25 archery permit, a Florida waterfowl permit, a snook permit,
26 and a crawfish permit.
27 (7) The fee for a resident lifetime sportsman's
28 license is:
29 (a) Four years of age or younger..................$400
30 (b) Five through 12 years of age..................$700
31 (c) Thirteen years of age or older..............$1,000
47
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (8) A resident lifetime freshwater fishing license
2 authorizes the holder to engage in the following noncommercial
3 activities:
4 (a) To take or attempt to take or possess freshwater
5 fish consistent with state and federal regulations and rules
6 of the commission in effect at the time of taking.
7 (b) All activities authorized by a management area
8 permit, excluding hunting.
9 (9) The fee for a resident lifetime freshwater fishing
10 license shall be:
11 (a) Four years of age or younger..................$125
12 (b) Five through 12 years of age..................$225
13 (c) Thirteen years of age or older................$300
14 (10) Fees collected pursuant to s. 370.0605(2) for
15 5-year saltwater fishing licenses, fees collected pursuant to
16 s. 370.0605(6)(e) for replacement 5-year and lifetime
17 licenses, fees collected pursuant to s. 370.0615 for lifetime
18 saltwater fishing licenses, and 30 percent of the fee for the
19 lifetime sportsman's license shall be transferred within 30
20 days following the last day of the month in which the license
21 fees were received by the commission to the Marine Resources
22 Conservation Trust Fund.
23 (11) A 5-year freshwater fishing license for a
24 resident to take or attempt to take or possess freshwater fish
25 in this state for 5 consecutive years is $60 and authorizes
26 the holder to engage in noncommercial activities to take or
27 attempt to take or possess freshwater fish consistent with
28 state and federal regulations and rules of the commission in
29 effect at the time of taking.
30 (12) Proceeds from the sale of 5-year licenses as
31 provided in part II of this chapter shall be deposited into
48
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 the Dedicated License Trust Fund. One-fifth of the total
2 proceeds derived from the sale of 5-year licenses, replacement
3 5-year licenses, and all interest derived therefrom shall be
4 available for appropriation annually.
5 Section 27. Section 372.5705, Florida Statutes, is
6 renumbered as section 370.461, Florida Statutes, and is
7 amended to read:
8 370.461 372.5705 Fish pond license.--The owner of a
9 fish pond of more than 20 acres which is located entirely
10 within the owner's her or his property may obtain a license
11 from the commission for such pond at a fee of $3 per surface
12 acre., and No fishing license shall be required of any person
13 fishing in such licensed pond.
14 Section 28. Section 370.462, Florida Statutes, is
15 created to read:
16 370.462 Expiration of licenses and permits.--Each
17 license or permit issued under this chapter must be dated when
18 issued. Each license or permit issued under this chapter
19 remains valid for 12 months after the date of issuance, except
20 for a lifetime license issued pursuant to s. 370.46 which is
21 valid from the date of issuance until the death of the
22 individual to whom the license is issued unless otherwise
23 revoked in accordance with s. 372.99, or a 5-year license
24 issued pursuant to s. 370.46 which is valid for 5 consecutive
25 years from the date of purchase unless otherwise revoked in
26 accordance with s. 372.99, or a license issued pursuant to s.
27 370.46(2)(b), which is valid for the period specified on the
28 license. A resident lifetime license or a resident 5-year
29 license that has been purchased by a resident of this state
30 and who subsequently resides in another state shall be honored
31 for activities authorized by that license.
49
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 29. Section 370.463, Florida Statutes, is
2 created to read:
3 370.463 Review of fees for licenses and permits;
4 review of exemptions.--The fees for licenses and permits
5 established under this chapter, and exemptions thereto, shall
6 be reviewed by the Legislature during its regular session
7 every 5 years beginning in 2000.
8 Section 30. Section 370.464, Florida Statutes, is
9 created to read:
10 370.464 Management area permit revenues.--The
11 commission shall expend the revenue generated from the sale of
12 the management area permit as provided for in s. 370.46(3)(a)
13 or that pro rata portion of any license that includes
14 management area privileges as provided for in s. 370.46(2)(e)
15 for the lease, management, and protection of lands for
16 fishing.
17 Section 31. Section 370.465, Florida Statutes, is
18 created to read:
19 370.465 Appointment of subagents for the sale of
20 licenses and permits.--
21 (1) A county tax collector who elects to sell licenses
22 and permits may appoint any person as a subagent for the sale
23 of licenses and permits that the tax collector is allowed to
24 sell under this chapter. The following are requirements for
25 subagents:
26 (a) Each subagent must serve at the pleasure of the
27 county tax collector.
28 (b) Neither an employee of the county tax collector
29 nor her or his relative or next of kin, by blood or otherwise,
30 may be appointed as a subagent.
31
50
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (c) The tax collector may require each subagent to
2 post an appropriate bond as determined by the tax collector,
3 using an insurance company acceptable to the tax collector.
4 In lieu of such bond, the tax collector may purchase blanket
5 bonds covering all or selected subagents or may allow a
6 subagent to post such other security as is required by the tax
7 collector.
8 (d) A subagent may sell licenses and permits as are
9 determined by the tax collector at such specific locations
10 within the county and in states contiguous to Florida as will
11 best serve the public interest and convenience in obtaining
12 said licenses and permits. The commission may uniformly
13 prohibit subagents from selling certain licenses or permits.
14 (e) It is unlawful for any person to handle licenses
15 or permits for a fee or compensation of any kind unless she or
16 he has been appointed as a subagent.
17 (f) Any person who willfully violates any of the
18 provisions of this law commits a misdemeanor of the second
19 degree, punishable as provided in s. 775.082 or s. 775.083.
20 (g) A subagent may charge and receive as her or his
21 compensation 50 cents for each license or permit sold. This
22 charge is in addition to the sum required by law to be
23 collected for the sale and issuance of each fishing license or
24 permit.
25 (h) A subagent shall submit payment for and report the
26 sale of licenses and permits to the tax collector as
27 prescribed by the tax collector but no less frequently than
28 monthly.
29 (i) Subagents shall submit an activity report for
30 sales made during the reporting period on forms prescribed or
31
51
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 approved by the commission. Periodic audits may be performed
2 at the discretion of the commission.
3 (2) If a tax collector elects not to appoint
4 subagents, the commission may appoint subagents within that
5 county. Subagents shall serve at the pleasure of the
6 commission. The commission may establish, by rule, procedures
7 for selection of subagents. The following are requirements
8 for subagents so appointed:
9 (a) The commission may require each subagent to post
10 an appropriate bond as determined by the commission, using an
11 insurance company acceptable to the commission. In lieu of
12 the bond, the commission may purchase blanket bonds covering
13 all or selected subagents or may allow a subagent to post
14 other security as required by the commission.
15 (b) A subagent may sell licenses and permits as
16 authorized by the commission at specific locations within the
17 county and in states as will best serve the public interest
18 and convenience in obtaining licenses and permits. The
19 commission may prohibit subagents from selling certain
20 licenses or permits.
21 (c) It is unlawful for any person to handle licenses
22 or permits for a fee or compensation of any kind unless she or
23 he has been appointed as a subagent.
24 (d) Any person who willfully violates any of the
25 provisions of this section commits a misdemeanor of the second
26 degree, punishable as provided in s. 775.082 or s. 775.083.
27 (e) A subagent may charge and receive as her or his
28 compensation 50 cents for each license or permit sold. This
29 charge is in addition to the sum required by law to be
30 collected for the sale and issuance of each license or permit.
31 In addition, a subagent fee for the sale of licenses over the
52
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 telephone by credit card shall be established by competitive
2 bid procedures which are overseen by the Fish and Wildlife
3 Conservation Commission.
4 (f) A subagent shall submit payment for and report the
5 sale of licenses and permits to the commission as prescribed
6 by the commission.
7 (g) Subagents shall maintain records of all licenses
8 and permits sold and all stamps issued, voided, stolen, or
9 lost. Subagents are responsible to the commission for the
10 fees for all licenses and permits sold and for the value of
11 all stamps reported as lost. Subagents must report all stolen
12 validation stamps to the appropriate law enforcement agency.
13 The subagent shall submit a written report and a copy of the
14 law enforcement agency's report to the commission within 5
15 days after discovering the theft. The value of a lost
16 validation stamp is $5.
17 (h) Each subagent shall submit an activity report for
18 sales made during the reporting period on forms prescribed or
19 approved by the commission. Periodic audits may be performed
20 at the discretion of the commission.
21 (i) By July 15 of each year, each subagent shall
22 submit to the commission all unissued stamps for the previous
23 year along with a written audit report, on forms prescribed or
24 approved by the commission, on the numbers of the unissued
25 stamps.
26 (3) All social security numbers which are provided
27 pursuant to ss. 370.45 and 370.46 and are contained in records
28 of any subagent appointed pursuant to this section are
29 confidential as provided in those sections.
30 Section 32. Section 370.47, Florida Statutes, is
31 created to read:
53
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 370.47 False statement in application for license or
2 permit.--Any person who swears or affirms to any false
3 statement in any application for fishing license or permit
4 provided by this chapter, is guilty of violating this chapter,
5 and shall be subject to the penalty provided in s. 372.83, and
6 any false statement contained in any application for such
7 license or permit renders the fishing license or permit void.
8 Section 33. Section 370.471, Florida Statutes, is
9 created to read:
10 370.471 Entering false information on licenses or
11 permits.--Whoever knowingly and willfully enters false
12 information on or allows or causes false information to be
13 entered on or shown upon any license or permit issued under
14 the provisions of this chapter in order to avoid prosecution
15 or to assist another to avoid prosecution, or for any other
16 wrongful purpose shall be punished as provided in s. 372.83.
17 Section 34. Section 370.48, Florida Statutes, is
18 created to read:
19 370.48 License and permit not transferable.--A person
20 may not alter or change in any manner, or lend or transfer to
21 another, any fishing license or permit issued pursuant to the
22 provisions of this chapter, nor may any other person, other
23 than the person to whom it is issued, use the same.
24 Section 35. Section 370.49, Florida Statutes, is
25 created to read:
26 370.49 Issuing of replacement license or permit.--A
27 license or permit to replace a lost or destroyed license
28 issued under this chapter may be obtained by submitting an
29 application requesting replacement. The fee is $10 for each
30 application for a replacement of a lifetime license and $2 for
31 each application for replacement for any other license or
54
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 permit, which shall be for the purpose of, and the source from
2 which is subtracted, all administrative costs of issuing the
3 fishing license or permit, including, but not limited to,
4 printing, distribution, and credit card fees. The office of
5 the tax collector may retain $1 for each application for a
6 replacement license. Fees collected from the issuance of
7 replacement lifetime licenses and 5-year licenses shall be
8 deposited into the Dedicated License Trust Fund and shall be
9 available for appropriation.
10 Section 36. Section 372.65, Florida Statutes, is
11 renumbered as section 370.50, Florida Statutes, and amended to
12 read:
13 370.50 372.65 Freshwater fish dealer's license.--
14 (1) No person shall engage in the business of taking
15 for sale or selling any frogs or freshwater fish, including
16 live bait, of any species or size, or importing any exotic or
17 nonindigenous fish, until such person has obtained a license
18 and paid the fee therefor as set forth herein. The license
19 issued shall be in the possession of the person to whom issued
20 while such person is engaging in the business of taking for
21 sale or selling freshwater fish or frogs, is not transferable,
22 shall bear on its face in indelible ink the name of the person
23 to whom it is issued, and shall be affixed to a license
24 identification card issued by the commission. Such license is
25 not valid unless it bears the name of the person to whom it is
26 issued and is so affixed. The failure of such person to
27 exhibit such license to the commission or any of its wildlife
28 officers when such person is found engaging in such business
29 is a violation of law. The license fees and activities
30 permitted under particular licenses are as follows:
31
55
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (a) The fee for a resident commercial fishing license,
2 which permits a resident to take freshwater fish or frogs by
3 any lawful method prescribed by the commission and to sell
4 such fish or frogs, shall be $25. The license provided for in
5 this paragraph shall also allow noncommercial fishing as
6 provided by law and commission rules, and the license in s.
7 370.46(2)(a) 372.57(2)(a) shall not be required.
8 (b) The fee for a resident freshwater fish dealer's
9 license, which permits a resident to import, export, or sell
10 freshwater fish or frogs, including live bait, shall be $40.
11 (c) The fee for a nonresident commercial freshwater
12 fishing license, which permits a nonresident to take
13 freshwater fish or frogs as provided in paragraph (a), shall
14 be $100.
15 (d) The fee for a nonresident retail freshwater fish
16 dealer's license, which permits a nonresident to sell
17 freshwater fish or frogs to a consumer, shall be $100.
18 (e) The fee for a nonresident wholesale freshwater
19 fish dealer's license, which permits a nonresident to sell
20 freshwater fish or frogs within the state, and to buy
21 freshwater fish or frogs for resale, shall be $500.
22 (f) The fee for a nonresident wholesale freshwater
23 fish buyer's license, which permits a nonresident who does not
24 sell freshwater fish or frogs in Florida to buy freshwater
25 fish or frogs from resident fish dealers for resale outside
26 the state, shall be $50.
27 (g) Any individual or business issued an aquaculture
28 certificate, pursuant to s. 597.004, shall be exempt from the
29 requirements of this chapter with respect to aquaculture
30 products authorized under such certificate.
31
56
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (h) There is levied, in addition to any other license
2 fee thereon, an annual gear license fee of $50 upon each
3 person fishing with trawl seines used in the fresh waters of
4 the state.
5 (i) There is levied, in addition to any other license
6 fee thereon, an annual gear license fee of $100 upon each
7 person fishing with haul seines used in the fresh waters of
8 the state.
9 (2) The provisions of ss. 370.45 372.561 and 370.462
10 372.571, except those provisions relating to issuance without
11 fee to certain classes of persons, shall apply to licenses
12 issued under this section.
13 (3) Each boat engaged in commercial freshwater fishing
14 shall have at least one licensed commercial fisher on board.
15 (4) It shall be unlawful for any resident freshwater
16 fish dealer, or any nonresident wholesale or nonresident
17 retail freshwater fish dealer, or any nonresident wholesale
18 freshwater fish buyer to buy freshwater fish or frogs from any
19 unlicensed person.
20 Section 37. Section 372.651, Florida Statutes, is
21 renumbered as section 370.501, Florida Statutes, and amended
22 to read:
23 370.501 372.651 Haul seine and trawl permits;
24 freshwater lakes in excess of 500 square miles; fees.--
25 (1) The Fish and Wildlife Conservation Commission is
26 authorized to issue haul seine and trawl permits for each haul
27 seine or trawl used in freshwater lakes in the state having an
28 area in excess of 500 square miles.
29 (2) The commission may charge an annual fee for the
30 issuance of such permits which shall not exceed:
31 (a) For a resident trawl permit, $50.
57
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (b) For a resident haul seine permit, $100.
2 (c) For a nonresident or alien trawl or haul seine
3 permit, $500.
4 Section 38. Section 372.653, Florida Statutes, is
5 renumbered as section 370.502, Florida Statutes, and amended
6 to read:
7 370.502 372.653 Required tagging of fish; lakes in
8 excess of 500 square miles; tag fee; freshwater game fish
9 taken in lakes of 500 square miles or less.--
10 (1)(a) No freshwater game fish taken from, or caught
11 in, a lake in this state the area of which is in excess of 500
12 square miles shall be sold for consumption in this state
13 unless it is tagged in the manner required by the Fish and
14 Wildlife Conservation Commission. Bass or pickerel taken by
15 any method other than hook and line shall be returned
16 immediately to the water. Trawls and haul seines shall not be
17 operated within 1 mile of rooted aquatic vegetation.
18 (b) In order that such program of tagging be
19 self-sufficient, the Fish and Wildlife Conservation Commission
20 is authorized to assess a fee of not more than 5 cents per
21 tag, payable at the time of delivery of the tag.
22 (2) No freshwater game fish shall be taken from a lake
23 in this state the area of which is 500 square miles or less
24 other than with pole and line; rod and reel; or plug, bob,
25 spinner, spoon, or other artificial bait or lure.
26 (3) No freshwater game fish taken from a lake in this
27 state the area of which is 500 square miles or less shall be
28 offered for sale or sold.
29 Section 39. Section 370.60, Florida Statutes, is
30 created to read:
31
58
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 370.60 Prosecutions.--The prosecuting officers of the
2 several courts of criminal jurisdiction of this state shall
3 investigate and prosecute all violations of the laws relating
4 to freshwater fish, which may be brought to their attention by
5 the Fish and Wildlife Conservation Commission or its
6 conservation officers, or which may otherwise come to their
7 knowledge.
8 Section 40. Section 370.601, Florida Statutes, is
9 created to read:
10 370.601 Harassment of fishers.--
11 (1) A person may not intentionally, within a publicly
12 or privately owned fish management area or on any state-owned
13 water body:
14 (a) Interfere with or attempt to prevent the lawful
15 taking of fish by another.
16 (b) Attempt to disturb fish, or attempt to affect
17 their behavior with the intent to prevent their lawful taking
18 by another.
19 (2) Any person who violates subsection (1) commits a
20 misdemeanor of the second degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 Section 41. Section 370.61, Florida Statutes, is
23 created to read:
24 370.61 Noncriminal infractions.--
25 (1) Any person cited for committing a noncriminal
26 infraction specified in s. 370.68 shall be cited to appear
27 before the county court. The civil penalty for any
28 noncriminal infraction involving the license and permit
29 requirements of s. 370.46 is $50, in addition to the cost of
30 the amount of the license or permit involved in the
31 infraction, except as otherwise provided in this section. The
59
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 civil penalty for any other noncriminal infraction is $50,
2 except as otherwise provided in this section.
3 (2) Any person cited for an infraction under this
4 section may:
5 (a) Post a bond, which shall be equal in amount to the
6 applicable civil penalty; or
7 (b) Sign and accept a citation indicating a promise to
8 appear before the county court.
9
10 The officer may indicate on the citation the time and location
11 of the scheduled hearing and shall indicate the applicable
12 civil penalty.
13 (3) Any person who willfully refuses to post a bond or
14 accept and sign a summons commits a misdemeanor of the second
15 degree.
16 (4) Any person charged with a noncriminal infraction
17 under this section may:
18 (a) Pay the civil penalty, either by mail or in
19 person, within 30 days after the date of receiving the
20 citation; or
21 (b) If the person has posted bond, forfeit bond by not
22 appearing at the designated time and location.
23
24 If the person cited follows either of these procedures, she or
25 he shall be deemed to have admitted the infraction and to have
26 waived her or his right to a hearing on the issue of
27 commission of the infraction. Such admission shall not be
28 used as evidence in any other proceeding.
29 (5) Any person electing to appear before the county
30 court or who is required so to appear shall be deemed to have
31 waived the limitations on the civil penalty specified in
60
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 subsection (1). The court, after a hearing, shall make a
2 determination as to whether an infraction has been committed.
3 If the commission of an infraction has been proven, the court
4 may impose a civil penalty not to exceed $500.
5 (6) At a hearing under this chapter, the commission of
6 a charged infraction must be proved beyond a reasonable doubt.
7 (7) If a person is found by the hearing official to
8 have committed an infraction, she or he may appeal that
9 finding to the circuit court.
10 Section 42. Section 370.62, Florida Statutes, is
11 created to read:
12 370.62 Disposition of fines, penalties, and
13 forfeitures.--All moneys collected from fines, penalties, or
14 forfeitures of bail of persons convicted under part II of this
15 chapter shall be deposited in the fine and forfeiture fund of
16 the county where such convictions are had.
17 Section 43. Section 370.63, Florida Statutes, is
18 created to read:
19 370.63 Confiscation and disposition of illegally taken
20 freshwater fish.--All freshwater fish seized under the
21 authority of part II of this chapter shall, upon conviction of
22 the offender or sooner if the court so orders, be forfeited
23 and given to some hospital or charitable institution and
24 receipt therefor sent to the Fish and Wildlife Conservation
25 Commission.
26 Section 44. Section 370.64, Florida Statutes, is
27 created to read:
28 370.64 Cooperative agreements with United States
29 Forest Service; penalty.--The Fish and Wildlife Conservation
30 Commission is authorized and empowered:
31
61
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (1) To enter into cooperative agreements with the
2 United States Forest Service for the development of fish
3 management and demonstration projects on and in the Osceola
4 National Forest in Columbia and Baker Counties, and in the
5 Ocala National Forest in Marion, Lake, and Putnam Counties,
6 and in the Apalachicola National Forest in Liberty County.
7 However, no such cooperative agreements shall become effective
8 in any county concerned until confirmed by the board of county
9 commissioners of such county expressed through appropriate
10 resolution.
11 (2) In cooperation with the United States Forest
12 Service, to make, adopt, promulgate, amend, and repeal rules
13 and regulations, consistent with law, for the further or
14 better control of fishing, shorten seasons, and reduce bag
15 limits, or shorten or close seasons on any species of fish,
16 within the limits prescribed by the Florida law, in the above
17 enumerated National Forests or parts thereof, when it shall
18 find after investigation that such action is necessary to
19 assure the maintenance of an adequate supply of wildlife.
20 (3) To fix a charge not to exceed $5, for persons 18
21 years of age and over, and not to exceed $2 for persons under
22 the age of 18 years, over and above the license fee for
23 hunting now required by law. This additional fee is to apply
24 only on areas covered by above cooperative agreements. The
25 proceeds from this additional license fee shall be used in the
26 development of fish management, propagation of fish and
27 protection of the areas covered by the cooperative agreements
28 as the commission and the United States Forest Service may
29 deem proper. Nothing in this section shall be construed as
30 authorizing the commission to change any penalty prescribed by
31
62
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 law or to change the amount of general license fees or the
2 general authority conferred by licenses prescribed by law.
3 (4) In addition to the requirements of chapter 120,
4 notice of the making, adoption, and promulgation of the above
5 rules and regulations shall be given by posting said notices,
6 or copies of the rules and regulations, in the offices of the
7 county judges and in the post offices within the area to be
8 affected and within 10 miles thereof. In addition to the
9 posting of said notices, as aforesaid, copies of said notices
10 or of said rules and regulations shall also be published in
11 newspapers published at the county seats of Baker, Columbia,
12 Marion, Lake, Putnam, and Liberty Counties, or so many thereof
13 as have newspapers, once not more than 35 nor less than 28
14 days and once not more than 21 nor less than 14 days prior to
15 the opening of the state hunting season in said areas. Any
16 person violating any rules or regulations promulgated by the
17 commission to cover these areas under cooperative agreements
18 between the Fish and Wildlife Conservation Commission and the
19 United States Forest Service, none of which shall be in
20 conflict with the laws of Florida, commits a misdemeanor of
21 the second degree, punishable as provided in s. 775.082 or s.
22 775.083.
23 Section 45. Section 372.75, Florida Statutes, is
24 renumbered as section 370.65, Florida Statutes, to read:
25 370.65 372.75 Use of explosives and other substances
26 prohibited.--No person may throw or place, or cause to be
27 thrown or placed, any dynamite, lyddite, gunpowder, cannon
28 cracker, acids, filtration discharge, debris from mines,
29 Indian berries, sawdust, green walnuts, walnut leaves,
30 creosote, oil, or other explosives or deleterious substance or
31 force into the fresh waters of this state whereby fish therein
63
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 are or may be injured. Nothing in this section may be
2 construed as preventing the release of water slightly
3 discolored by mining operations or water escaping from such
4 operations as the result of providential causes.
5 Section 46. Section 370.66, Florida Statutes, is
6 created to read:
7 370.66 Search and seizure authorized and limited.--The
8 Fish and Wildlife Conservation Commission and its conservation
9 officers shall have authority when they have reasonable and
10 probable cause to believe that the provisions of this chapter
11 have been violated, to board any vessel, boat, or vehicle or
12 to enter any fishhouse or warehouse or other building,
13 exclusive of residence, in which fish or fish nets are kept
14 and to search for and seize any such fish or fish nets had or
15 held therein in violation of law. However, no search without
16 warrant shall be made under any of the provisions of part II
17 of this chapter, unless the officer making such search has
18 such information from a reliable source as would lead a
19 prudent and cautious person to believe that some provision of
20 part II of this chapter is being violated.
21 Section 47. Section 370.661, Florida Statutes, is
22 created to read:
23 370.661 Issuance of warrant for search of private
24 dwelling.--
25 (1) A search warrant may be issued on application by a
26 commissioned officer of the Fish and Wildlife Conservation
27 Commission to search any private dwelling occupied as such
28 when it is being used for the unlawful sale or purchase of
29 freshwater fish being unlawfully kept therein. The term
30 "private dwelling" shall be construed to include the room or
31 rooms used and occupied, not transiently but solely as a
64
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 residence, in an apartment house, hotel, boardinghouse, or
2 lodginghouse. No warrant for the search of any private
3 dwelling shall be issued except upon probable cause supported
4 by sworn affidavit of some creditable witness that she or he
5 has reason to believe that the said conditions exist, which
6 affidavit shall set forth the facts on which such reason for
7 belief is based.
8 (2) This section shall not be construed as being in
9 conflict with, but is supplemental to, chapter 933.
10 Section 48. Section 370.67, Florida Statutes, is
11 created to read:
12 370.67 Assent to federal acts.--
13 (1) The state hereby assents to the provisions of the
14 Federal Aid in Fish Restoration Act of August 9, 1950, as
15 amended. The Fish and Wildlife Conservation Commission shall
16 perform such activities as are necessary to conduct sportfish
17 restoration projects, as defined in such act of Congress and
18 in compliance with the act and rules adopted thereunder by the
19 United States Department of the Interior. Furthermore, the
20 commission shall develop and implement programs to manage,
21 protect, restore, and conserve marine mammals and the marine
22 fishery and shall develop and implement similar programs for
23 freshwater aquatic life.
24 (2) Revenues from fees paid by sport fishers may not
25 be diverted to purposes other than the administration of fish
26 programs by the Fish and Wildlife Conservation Commission.
27 Administration of the state fish programs includes only those
28 functions of fish management as are the responsibility of and
29 under the authority of the Fish and Wildlife Conservation
30 Commission.
31
65
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (3) This section shall be construed in harmony with s.
2 372.77.
3 Section 49. Section 370.671, Florida Statutes, is
4 created to read:
5 370.671 Federal conservation of fish; limited
6 jurisdiction.--
7 (1) Consent of the State of Florida is hereby given to
8 the United States for acquisition of lands, waters, or lands
9 and waters, or interests therein, for the purpose of managing,
10 protecting, and propagating fish and for other conservation
11 uses in the state, provided prior notice has been given by the
12 Federal Government to the Board of Trustees of the Internal
13 Improvement Trust Fund and the board of county commissioners
14 of the county where the lands proposed for purchase are
15 located, of such proposed action stating the specific use to
16 be made of and the specific location and description of such
17 lands desired by the Federal Government for any such
18 conservation use, and that such plans for acquisition and use
19 of said lands be approved by the Board of Trustees of the
20 Internal Improvement Trust Fund and the board of county
21 commissioners of the county where the lands proposed for
22 purchase are located, provided further that nothing herein
23 contained shall be construed to give the consent of the State
24 of Florida to the acquisition by the United States of lands,
25 waters, or lands and waters, or interests therein, through
26 exercise of the power of eminent domain, provided further that
27 the provisions of this act shall not apply to lands owned by
28 the several counties or by public corporations.
29 (2) The United States may exercise concurrent
30 jurisdiction over lands so acquired and carry out the intent
31 and purpose of the authority except that the existing laws of
66
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Florida relating to the Department of Environmental Protection
2 or the Fish and Wildlife Conservation Commission shall prevail
3 relating to any area under their supervision.
4 Section 50. Section 370.68, Florida Statutes, is
5 created to read:
6 370.68 Noncriminal infractions; criminal penalties;
7 suspension and revocation of licenses and permits.--
8 (1) A person is guilty of a noncriminal infraction,
9 punishable as provided in s. 370.61, if she or he violates any
10 of the following provisions:
11 (a) Rules, regulations, or orders relating to the
12 filing of reports or other documents required of persons who
13 are licensed or who hold permits issued by the commission.
14 (b) Rules, regulations, or orders relating to fish
15 management areas.
16 (c) Rules, regulations, or orders relating to daily
17 use permits, camping restrictions, the use of alcoholic
18 beverages, vehicle use, and check station requirements within
19 fish management areas or other areas managed by the
20 commission.
21 (d) Rules, regulations, or orders establishing size or
22 slot limits for freshwater game fish.
23 (e) Rules, regulations, or orders regulating vessel
24 size or specifying motor restrictions on specified water
25 bodies.
26 (f) Rules, regulations, or orders relating to the
27 registration of airboats operated on state lands.
28 (g) Section 370.46, relating to fishing licenses.
29
30 A person who fails to pay the civil penalty specified in s.
31 370.61 within 30 days after being cited for a noncriminal
67
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 infraction or to appear before the court pursuant to that
2 section commits a misdemeanor of the second degree, punishable
3 as provided in s. 775.082 or s. 775.083.
4 (2) A person commits a misdemeanor of the second
5 degree, punishable as provided in s. 775.082 or s. 775.083, if
6 she or he violates any of the following rules, regulations, or
7 orders of the commission:
8 (a) Rules, regulations, or orders that specify season
9 or time periods for the taking of freshwater fish.
10 (b) Rules, regulations, or orders that specify bag
11 limits or restrict methods of taking freshwater fish.
12 (c) Rules, regulations, or orders that relate to the
13 sale, possession for sale, purchase, transfer, transportation,
14 or importation of freshwater fish.
15 (d) Rules, regulations, or orders that prohibit public
16 access for specified periods to fish management areas or other
17 areas managed by the commission.
18 (e) All other rules, regulations, and orders of the
19 commission, except those specified in subsection (1).
20 (3) Unless otherwise provided in this chapter, a
21 person who violates any provision of this chapter commits, for
22 the first offense, a misdemeanor of the second degree,
23 punishable as provided in s. 775.082 or s. 775.083, and
24 commits, for the second offense or any subsequent offense, a
25 misdemeanor of the first degree, punishable as provided in s.
26 775.082 or s. 775.083.
27 (4) The court may order the suspension or revocation
28 of any license or permit issued to a person pursuant to this
29 chapter, if that person commits a criminal offense specified
30 in this chapter or a noncriminal infraction specified in this
31 section.
68
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 51. Section 370.69, Florida Statutes, is
2 created to read:
3 370.69 Forfeiture or denial of licenses and
4 permits.--Any person convicted as aforesaid shall forfeit to
5 the state any license or permit that may have been issued to
6 her or him under the provisions of part II of this chapter and
7 forthwith surrender the same to the court.
8 Section 52. Section 372.85, Florida Statutes, is
9 renumbered as section 370.70, Florida Statutes, and amended to
10 read:
11 370.70 372.85 Contaminating fresh waters.--
12 (1) It shall be unlawful for any person or persons,
13 firm or corporation to cause any dyestuff, coal tar, oil,
14 sawdust, poison, or deleterious substances to be thrown, run,
15 or drained into any of the fresh running waters of this state
16 in quantities sufficient to injure, stupefy, or kill fish
17 which may inhabit the same at or below the point where any
18 such substances are discharged, or caused to flow or be thrown
19 into such waters; provided, that it shall not be a violation
20 of this section for any person, firm, or corporation engaged
21 in any mining industry to cause any water handled or used in
22 any branch of such industry to be discharged on the surface of
23 land where such industry or branch thereof is being carried on
24 under such precautionary measures as shall be approved by the
25 Fish and Wildlife Conservation Commission.
26 (2) Any person, firm or corporation violating any of
27 the provisions of this section commits shall be guilty of a
28 misdemeanor of the second degree, punishable as provided in s.
29 775.082 or s. 775.083 for the first offense, and for the
30 second or subsequent offense commits shall be guilty of a
31
69
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 misdemeanor of the first degree, punishable as provided in s.
2 775.082 or s. 775.083.
3 Section 53. Section 370.71, Florida Statutes, is
4 created to read:
5 370.71 Jim Woodruff Dam; reciprocity agreements.--The
6 Fish and Wildlife Conservation Commission of the State of
7 Florida is hereby authorized to enter into an agreement of the
8 reciprocity with the game and fish commissioners or the
9 appropriate officials or departments of the State of Georgia
10 and the State of Alabama relative to the taking of freshwater
11 fish from the waters of the lake created by the Jim Woodruff
12 Dam by permitting reciprocal license privileges.
13 Section 54. Section 370.72, Florida Statutes, is
14 created to read:
15 370.72 St. Mary's River; reciprocity agreements.--The
16 Fish and Wildlife Conservation Commission of the State of
17 Florida is hereby authorized to enter into an agreement of
18 reciprocity with the game and fish commissioner or the
19 appropriate officials or departments of the State of Georgia
20 relative to the taking of freshwater fish from the waters of
21 the St. Mary's River by permitting reciprocal agreement
22 license privileges.
23 Section 55. Section 372.9903, Florida Statutes, is
24 renumbered as section 370.73, Florida Statutes, and amended to
25 read:
26 370.73 372.9903 Illegal possession or transportation
27 of freshwater game fish in commercial quantities; penalty.--
28 (1) Whoever possesses, moves, or transports any black
29 bass, bream, speckled perch, or other freshwater game fish in
30 commercial quantities in violation of law or the rules of the
31 Fish and Wildlife Conservation Commission commits shall be
70
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 guilty of a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 (2) For the purposes of this section "commercial
4 quantities" shall be deemed to be a quantity of freshwater
5 game fish of 150 or more pounds, and the possession, movement,
6 or transportation of freshwater game fish in excess of such
7 weight shall constitute prima facie evidence of possession or
8 transportation for commercial purposes.
9 Section 56. Section 372.9904, Florida Statutes, is
10 renumbered as section 370.731, Florida Statutes, and amended
11 to read:
12 370.731 372.9904 Seizure of illegal devices;
13 disposition; appraisal; forfeiture.--
14 (1) Any vehicle, vessel, or other transportation
15 device used in the commission of the offense prohibited by s.
16 370.73 372.9903, except a vehicle, vessel, or other
17 transportation device duly registered as a common carrier and
18 operated in lawful transaction of business as such carrier,
19 shall be seized by the arresting officer, who shall promptly
20 make return of the seizure and deliver the property to the
21 director of the Fish and Wildlife Conservation Commission.
22 The return shall describe the property seized and recite in
23 detail the facts and circumstances under which it was seized,
24 together with the reason that the property was subject to
25 seizure. The return shall also contain the names of all
26 persons known to the officer to be interested in the property.
27 (2) The commission, upon receipt of the property,
28 shall promptly fix its value and make return thereof to the
29 clerk of the circuit court of the county wherein the article
30 was seized; after which, on proper showing of ownership of the
31
71
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 property by someone other than the person arrested, the
2 property shall be returned by the court to the said owner.
3 (3) Upon conviction of the violator, the property, if
4 owned by the person convicted, shall be forfeited to the state
5 under the procedure set forth in ss. 370.442-370.447
6 372.312-372.318, when not inconsistent with this section. All
7 amounts received from the sale or other disposition of the
8 property shall be paid into the State Game Trust Fund or into
9 the commission's Federal Law Enforcement Trust Fund as
10 provided in s. 372.107, as applicable. If the property is not
11 sold or converted, it shall be delivered to the director of
12 the Fish and Wildlife Conservation Commission.
13 Section 57. Section 372.9905, Florida Statutes, is
14 renumbered as section 370.732, Florida Statutes, and amended
15 to read:
16 370.732 372.9905 Applicability of ss. 370.73 and
17 370.731 372.9903 and 372.9904.--The provisions of ss. 370.73
18 and 370.731 372.9903 and 372.9904 relating to seizure and
19 forfeiture of vehicles, vessels, or other transportation
20 devices shall not apply when such vehicles, vessels, or other
21 transportation devices are owned by, or titled in the name of,
22 innocent parties. The provisions of said sections shall not
23 vitiate any valid lien, retain title contract, or chattel
24 mortgage on such vehicles, vessels, or other transportation
25 devices if such lien, retain title contract, or chattel
26 mortgage is properly of public record at the time of the
27 seizure.
28 Section 58. Section 372.993, Florida Statutes, is
29 renumbered as section 370.74, Florida Statutes, to read:
30 370.74 372.993 Land-based commercial and recreational
31 fishing activities; legislative findings and purpose;
72
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 definitions; legal protection; local ordinances; prohibited
2 activity.--
3 (1) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature
4 finds that commercial and recreational fishing constitute
5 activities of statewide importance and that the continuation
6 of commercial and recreational fishing will benefit the health
7 and welfare of the people of this state. The Legislature
8 further finds that commercial and recreational fishing
9 operations conducted in developing and urbanizing areas are
10 potentially subject to curtailment as a result of local
11 government zoning and nuisance ordinances which may
12 unreasonably force the closure of productive commercial and
13 recreational fishing operations. It is the purpose of this
14 act to prevent the curtailment or abolishment of commercial
15 and recreational fishing operations solely because the area in
16 which they are located has changed in character or the
17 operations are displeasing to neighboring residents.
18 (2) DEFINITIONS.--As used in this act, "commercial
19 fishing operation" means any type of activity conducted on
20 land, requiring the location or storage of commercial fishing
21 equipment such as fishing vessels, fishing gear, docks, piers,
22 loading areas, landing areas, and cold storage facilities,
23 including any activity necessary to prepare finfish or
24 shellfish for refrigeration. This definition does not include
25 operations with the sole or primary function of processing
26 seafood.
27 (3) LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL
28 FISHING OPERATIONS.--No commercial or recreational fishing
29 operation shall be declared a public or private nuisance
30 solely because of a change in ownership or a change in the
31
73
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 character of the property in or around the locality of the
2 operation.
3 (4) LOCAL ORDINANCE.--No local governing authority
4 shall adopt any ordinance that declares any commercial or
5 recreational fishing operation to be a nuisance solely because
6 it is a commercial or recreational fishing operation, or any
7 zoning ordinance that unreasonably forces the closure of any
8 commercial or recreational fishing operation. Nothing in this
9 act shall prevent a local government from regulating
10 commercial and recreational fishing operations, including by
11 requiring the use of methods, structures, or appliances where
12 such use will prevent, ameliorate, or remove conditions which
13 create or may create a nuisance or, pursuant to the applicable
14 local zoning code, by declaring a commercial or recreational
15 fishing operation to be a nonconforming use.
16 (5) WHEN EXPANSION OF OPERATION NOT PERMITTED.--This
17 act shall not be construed to permit an existing commercial or
18 recreational fishing operation to change to a larger operation
19 with regard to emitting more noise or odor, where such change
20 violates local ordinances or regulations or creates a
21 nuisance.
22 Section 59. Section 372.001, Florida Statutes, is
23 amended to read:
24 372.001 Definitions.--In construing these statutes,
25 when applied to saltwater and freshwater fish, shellfish,
26 crustacea, sponges, wild birds, and wild animals, where the
27 context permits, the word, phrase, or term:
28 (1)(17) "Authorization" means a number issued by the
29 Fish and Wildlife Conservation Commission, or its authorized
30 agent, which serves in lieu of a license or permit issued
31
74
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 under the provisions of this chapter and affords the privilege
2 purchased for a specified period of time.
3 (2)(8) "Closed season" is that portion of the year
4 wherein the laws of Florida forbid the taking of particular
5 species of game or varieties of fish.
6 (3)(16) "Commission" means the Fish and Wildlife
7 Conservation Commission.
8 (4)(12) "Common carrier" includes any person, firm, or
9 corporation which undertakes for hire, as a regular business,
10 the transportation of persons or commodities from place to
11 place, offering its services to all who may choose to employ
12 it and pay its charges.
13 (5)(4) "Fur-bearing animals" includes muskrat, mink,
14 raccoon, otter, civet cat, skunk, red and gray fox, and
15 opossum.
16 (6)(3) "Game" means deer, bear, squirrel, rabbits,
17 and, where designated by commission rules, wild hogs, ducks,
18 geese, rails, coots, gallinules, snipe, woodcock, wild
19 turkeys, grouse, pheasants, quail, and doves.
20 (7)(5) "Nongame" includes all species and populations
21 of indigenous wild vertebrates and invertebrates in the state
22 that are not defined as game.
23 (8)(7) "Open season" is that portion of the year
24 wherein the laws of Florida for the preservation of fish and
25 game permit the taking of particular species of game or
26 varieties of fish.
27 (9)(14) "Private hunting preserve" includes any area
28 set aside by a private individual or concern on which
29 artificially propagated game or birds are taken.
30 (10)(1) "Resident" means:
31
75
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (a) Any person who has continually resided in this
2 state for 6 months; or
3 (b) Any member of the United States Armed Forces who
4 is stationed in this state.
5 (11)(10) "Take" means taking, attempting to take,
6 pursuing, hunting, molesting, capturing, or killing any
7 wildlife or freshwater fish, their nests or eggs, by any
8 means, whether or not such actions result in obtaining
9 possession of such wildlife or freshwater fish or their nests
10 or eggs.
11 (12)(13) "Transport" includes shipping, transporting,
12 carrying, importing, exporting, receiving or delivering for
13 shipment, transportation, carriage, or export.
14 (2) "Fish and game" includes all fresh and saltwater
15 fish, shellfish, crustacea, sponges, wild birds, and wild
16 animals.
17 (6) "Freshwater fish" includes all classes of pisces
18 that are indigenous to fresh water.
19 (9) "Fresh water," except where otherwise provided by
20 law, includes all lakes, rivers, canals, and other waterways
21 of Florida, to such point or points where the fresh and salt
22 waters commingle to such an extent as to become unpalatable
23 and unfit for human consumption, because of the saline
24 content, or to such point or points as may be fixed by the
25 Fish and Wildlife Conservation Commission, by and with the
26 consent of the board of county commissioners of the county or
27 counties to be affected by such order. The Steinhatchee River
28 shall be considered fresh water from its source to mouth.
29 (11) "Fish pond" means a body of water that does not
30 occur naturally and that has been constructed and is
31 maintained primarily for the purpose of fishing.
76
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (15) "Fish management area" is a pond, lake, or other
2 water within a county or within several counties designated to
3 improve fishing for public use and established and
4 specifically circumscribed for authorized management by the
5 Fish and Wildlife Conservation Commission and the board of
6 county commissioners of the county in which such waters lie
7 under agreement between the commission and an owner with
8 approval by the board of county commissioners or under
9 agreement with the board of county commissioners for use of
10 public waters in the county in which such waters lie.
11 Section 60. Section 372.021, Florida Statutes, is
12 amended to read:
13 372.021 Powers, duties, and authority of commission;
14 rules, regulations, and orders.--The Fish and Wildlife
15 Conservation Game and Fresh Water Fish Commission may exercise
16 the powers, duties, and authority granted by s. 9, Art. IV of
17 the Constitution of Florida, and as otherwise authorized by
18 the Legislature, by the adoption of rules, regulations, and
19 orders in accordance with chapter 120.
20 Section 61. Section 372.05, Florida Statutes, is
21 amended to read:
22 372.05 Duties of executive director.--The Executive
23 Director of the Fish and Wildlife Conservation Commission
24 shall:
25 (1) Keep full and correct minutes of the proceedings
26 of said commission at its meetings, which minutes shall be
27 open for public inspection.
28 (2) Purchase such supplies and employ such help and
29 assistants as may be reasonably necessary in the performance
30 of the executive director's duties.
31
77
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (3) Have full authority to represent the commission in
2 its dealings with other state departments, county
3 commissioners, and the federal government.
4 (4) Submit to the commission at each of its meetings a
5 report of all the executive director's actions and doings as
6 official representative of the commission.
7 (5) Visit each county in the state at least once each
8 year and oftener if it appears to the executive director to be
9 necessary.
10 (6) Appoint, fix salaries of, and at pleasure remove,
11 subject to the approval of the commission, assistants and
12 other employees who shall have such powers and duties as may
13 be assigned to them by the commission or executive director.
14 (7) Have such other powers and duties as may be
15 prescribed by the commission in pursuance of its duties under
16 s. 9, Art. IV of the State Constitution.
17 Section 62. Section 372.07, Florida Statutes, is
18 amended to read:
19 372.07 Police powers of commission and its agents.--
20 (1) The Fish and Wildlife Conservation Commission, the
21 executive director and the executive director's assistants
22 designated by her or him, and each wildlife officer are
23 constituted peace officers with the power to make arrests for
24 violations of the laws of this state when committed in the
25 presence of the officer or when committed on lands under the
26 supervision and management of the commission. The general
27 laws applicable to arrests by peace officers of this state
28 shall also be applicable to said director, assistants, and
29 wildlife officers. Such persons may enter upon any land or
30 waters of the state for performance of their lawful duties and
31
78
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 may take with them any necessary equipment, and such entry
2 shall not constitute a trespass.
3 (2) Said officers shall have power and authority to
4 enforce throughout the state all laws relating to game,
5 nongame birds, freshwater fish, and fur-bearing animals and
6 all rules and regulations of the Fish and Wildlife
7 Conservation Commission relating to wild animal life, marine
8 life, and freshwater aquatic life, and in connection with said
9 laws, rules, and regulations, in the enforcement thereof and
10 in the performance of their duties thereunder, to:
11 (a) Go upon all premises, posted or otherwise;
12 (b) Execute warrants and search warrants for the
13 violation of said laws;
14 (c) Serve subpoenas issued for the examination,
15 investigation, and trial of all offenses against said laws;
16 (d) Carry firearms or other weapons, concealed or
17 otherwise, in the performance of their duties;
18 (e) Arrest upon probable cause without warrant any
19 person found in the act of violating any of the provisions of
20 said laws or, in pursuit immediately following such
21 violations, to examine any person, boat, conveyance, vehicle,
22 game bag, game coat, or other receptacle for wild animal life,
23 marine life, or freshwater aquatic life, or any camp, tent,
24 cabin, or roster, in the presence of any person stopping at or
25 belonging to such camp, tent, cabin, or roster, when said
26 officer has reason to believe, and has exhibited her or his
27 authority and stated to the suspected person in charge the
28 officer's reason for believing, that any of the aforesaid laws
29 have been violated at such camp;
30 (f) Secure and execute search warrants and in
31 pursuance thereof to enter any building, enclosure, or car and
79
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 to break open, when found necessary, any apartment, chest,
2 locker, box, trunk, crate, basket, bag, package, or container
3 and examine the contents thereof;
4 (g) Seize and take possession of all wild animal life,
5 marine life, or freshwater aquatic life taken or in possession
6 or under control of, or shipped or about to be shipped by, any
7 person at any time in any manner contrary to said laws.
8 (3) It is unlawful for any person to resist an arrest
9 authorized by this section or in any manner to interfere,
10 either by abetting, assisting such resistance, or otherwise
11 interfering with said executive director, assistants, or
12 wildlife officers while engaged in the performance of the
13 duties imposed upon them by law or regulation of the Fish and
14 Wildlife Conservation Commission.
15 Section 63. Paragraph (b) of subsection (2) of section
16 372.105, Florida Statutes, is amended to read:
17 372.105 Lifetime Fish and Wildlife Trust Fund.--
18 (2) The principal of the fund shall be derived from
19 the following:
20 (b) Proceeds from the sale of lifetime licenses issued
21 in accordance with ss. 370.46 and s. 372.57 with the exception
22 of the saltwater portion of the lifetime sportsman's license.
23 Section 64. Subsection (1) of section 372.106, Florida
24 Statutes, is amended to read:
25 372.106 Dedicated License Trust Fund.--
26 (1) There is established within the Fish and Wildlife
27 Conservation Commission the Dedicated License Trust Fund. The
28 fund shall be credited with moneys collected pursuant to ss.
29 370.0605, 370.46, and 372.57 for 5-year licenses and
30 replacement 5-year licenses.
31
80
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 65. Section 372.121, Florida Statutes, is
2 amended to read:
3 372.121 Control and management of state game lands.--
4 (1) The Fish and Wildlife Conservation Commission is
5 authorized to make, adopt, promulgate, amend, repeal, and
6 enforce all reasonable rules and regulations necessary for the
7 protection, control, operation, management, or development of
8 lands or waters owned by, leased by, or otherwise assigned to,
9 the commission for fish or wildlife management purposes,
10 including but not being limited to the right of ingress and
11 egress. Before any such rule or regulation is adopted, other
12 than one relating to wild animal life, marine life, or
13 freshwater aquatic life, the commission shall obtain the
14 consent and agreement, in writing, of the owner, in the case
15 of privately owned lands or waters, or the owner or primary
16 custodian, in the case of public lands or waters.
17 (2) Any person violating or otherwise failing to
18 comply with any rule or regulation so adopted commits is
19 guilty of a misdemeanor of the second degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 Section 66. Section 372.561, Florida Statutes, is
22 amended to read:
23 372.561 Issuance of licenses to take wild animal life
24 or freshwater aquatic life; costs; reporting.--
25 (1) The provisions of this section shall apply to such
26 licenses or permits as are established in s. 372.57.
27 (2) The commission shall issue licenses and permits to
28 take wild animal life or freshwater aquatic life upon proof by
29 the applicant for licensure that she or he is entitled to such
30 license or permit. The commission shall establish the forms
31 for such licenses and permits. Each applicant for a license,
81
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 permit, or authorization shall provide the applicant's social
2 security number on the application form. Disclosure of social
3 security numbers obtained through this requirement shall be
4 limited to the purpose of administration of the Title IV-D
5 program for child support enforcement and use by the
6 commission, and as otherwise provided by law.
7 (3) Licenses and permits for the state may be sold by
8 the commission, by any tax collector in this state, or by any
9 appointed subagent.
10 (4)(a) In addition to any license or permit fee, the
11 sum of $1.50 shall be charged for each license or management
12 area permit sold. Such charge is for the purpose of, and the
13 source from which is subtracted, all administrative costs of
14 issuing a license or permit, including, but not limited to,
15 printing, distribution, and credit card fees.
16 (b) Tax collectors may retain $1 for each license or
17 management area permit sold.
18 (5) Hunting and fishing licenses and permits shall be
19 issued, without fee, to any resident who is certified to be
20 totally and permanently disabled by the United States
21 Department of Veterans Affairs or its predecessor, by the
22 United States Social Security Administration, by any branch of
23 the United States Armed Forces, or by the verified written
24 statement which is based upon the criteria for permanent and
25 total disability in chapter 440 of a physician licensed in
26 this state or who holds a valid identification card issued
27 under the provisions of s. 295.17, upon proof of same. Any
28 license issued after January 1, 1997, expires after 5 years
29 and must be reissued, upon request, every 5 years thereafter.
30 A Disability Award Notice issued by the United States Social
31 Security Administration is not sufficient certification for
82
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 obtaining a permanent hunting and fishing license under this
2 section unless said form certifies a resident is totally and
3 permanently disabled.
4 (6)(a) Tax collectors shall remit license and permit
5 moneys, along with a report of funds collected and other
6 required documentation, to the commission within 7 days
7 following the last business day of the week in which the fees
8 were received by the tax collector. The tax collector shall
9 maintain records of all such licenses and permits which are
10 sold, and all stamps issued voided, stolen, or lost. The tax
11 collector is responsible to the commission for the fee for all
12 licenses and permits sold and for the value of all stamps
13 reported as lost. The tax collector shall report stolen
14 permits to the appropriate law enforcement agency. The tax
15 collector shall submit a written report and a copy of the law
16 enforcement agency's report to the commission within 5 days
17 after discovering the theft. The value of a validation stamp
18 is $5.
19 (b) Tax collectors are also responsible for fees for
20 all licenses and permits sold by their subagents and for the
21 value of all stamps reported as lost. The commission may
22 adopt rules to implement this section.
23 (c) Not later than August 15 of each year, each county
24 tax collector shall submit to the commission all unissued
25 stamps for the previous year along with a written audit
26 report, on forms prescribed or approved by the commission, of
27 the numbers of the unissued stamps.
28 (7) Within 30 days after the submission of the annual
29 audit report, each county tax collector shall provide the
30 commission with a written audit report on unissued, sold, and
31 voided licenses, permits, and stamps with a certified
83
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 reconciliation statement prepared by a certified public
2 accountant. Concurrent with the submission of the
3 certification, the county tax collector shall remit to the
4 commission the monetary value of all licenses, permits, and
5 stamps that are unaccounted for. Each tax collector is also
6 responsible for fees for all licenses, permits, and stamps
7 distributed by him or her to subagents, sold by him or her, or
8 reported by him or her as lost.
9 Section 67. Section 372.57, Florida Statutes, is
10 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
84
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
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 (1) A license or permit is not required for:
16 (a) Any child under 16 years of age except as
17 otherwise provided in this chapter.
18 (b) Any person hunting or fishing in the person's
19 county of residence on the person's homestead or the homestead
20 of the person's spouse or minor child, or any minor child
21 hunting or fishing on the homestead of her or his parent.
22 (c) Any resident who is a member of the Armed Forces
23 of the United States, who is not stationed in this state, when
24 home on leave for 30 days or less, upon submission of orders.
25 (d) Any resident when fishing with live or natural
26 bait, using poles or lines which are not equipped with a
27 fishing line retrieval mechanism, and fishing for
28 noncommercial purposes in the county of her or his residence,
29 except on legally established fish management areas. This
30 paragraph, as amended by chapter 76-156, Laws of Florida, may
31
85
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 be cited as the "Dempsey J. Barron, W. D. Childers, and Joe
2 Kershaw Cane Pole Tax Repeal Act of 1976."
3 (e) Any person fishing in a fish pond of 20 acres or
4 less which is located entirely within the private property of
5 the fish pond owner.
6 (f) Any person fishing in a fish pond which is
7 licensed in accordance with s. 372.5705.
8 (g) Any person fishing who has been accepted as a
9 client for developmental services by the Department of
10 Children and Family Services, which department shall furnish
11 such person proof thereof.
12 (d)(h) Any resident 65 years of age or older who has
13 in her or his possession proof of age and residency. A free
14 license may be obtained from any tax collector's office upon
15 proof of age and residency.
16 (2) For residents and nonresidents, the license and
17 fees for noncommercial fishing and for hunting and trapping in
18 this state, and the activity authorized thereby, are as
19 follows:
20 (a) A fishing license for a resident to take
21 freshwater fish in this state is $12.
22 (b) A fishing license for a nonresident to take
23 freshwater fish in this state for 7 consecutive days is $15.
24 (c) A fishing license for a nonresident to take
25 freshwater fish in this state is $30.
26 (a)(e) A hunting license for a resident to take game
27 in this state is $11.
28 (b)(f) A hunting license for a nonresident to take
29 game in this state is $150.
30 (c)(g) A hunting license for a nonresident to take
31 game in this state for 10 consecutive days is $25.
86
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (d)(h) A license for a resident and nonresident to
2 take fur-bearing animals in this state is $25.
3 (e)(d) A combination fishing and hunting license for a
4 resident to take freshwater fish and game in this state is
5 $22.
6 (f)(i) A sportsman's license for a resident is $66.
7 The sportsman's license authorizes the holder to take
8 freshwater fish and game, subject to state and federal
9 regulations and rules of the commission in effect at the time
10 of taking, and authorizes the same activities authorized by a
11 management area permit, a muzzle-loading gun permit, a turkey
12 permit, a Florida waterfowl permit, and an archery permit. A
13 nonresident may not purchase a sportsman's license.
14 (3) A resident or nonresident taking fur-bearing
15 animals by the use of guns or dogs only and not by the use of
16 traps or other devices, and not for commercial purposes, who
17 has purchased the license provided for hunting in this
18 section, received a no-cost license, or is exempt from the
19 license requirements of this chapter is not required to
20 purchase the license provided in paragraph (2)(d)(h). A
21 resident who is age 65 or older is not required to purchase
22 the license provided in paragraph (2)(d)(h).
23 (4) In addition to any license required by this
24 chapter, the following permits and fees for certain hunting,
25 fishing, and recreational uses, and the activities authorized
26 thereby, are:
27 (a) A Florida waterfowl permit to take wild ducks or
28 geese within this state or its coastal waters is $3.
29 (b)1. Management area permits to hunt, fish, or
30 otherwise use for outdoor recreational purposes, land owned,
31 leased, or managed by the commission or the State of Florida
87
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 for the use and benefit of the commission, up to $25 annually.
2 Permits, and fees thereof, for short-term use of land which is
3 owned, leased, or managed by the commission may be established
4 by rule of the commission for any activity on such lands.
5 Such permits and fees may be in lieu of or in addition to the
6 annual management area permit. Other than for hunting or
7 fishing, the provisions of this paragraph shall not apply on
8 any lands not owned by the commission, unless the commission
9 shall have obtained the written consent of the owner or
10 primary custodian of such lands.
11 2. A recreational user permit fee to hunt, fish, or
12 otherwise use for outdoor recreational purposes, land leased
13 by the commission from private nongovernmental owners, except
14 for those lands located directly north of the Apalachicola
15 National Forest, east of the Ochlockonee River until the point
16 the river meets the dam forming Lake Talquin, and south of the
17 closest federal highway. The fee for this permit shall be
18 based upon economic compensation desired by the landowner,
19 game population levels, desired hunter density, and
20 administrative costs. The permit fee shall be set by
21 commission rule on a per-acre basis. On property currently in
22 the private landowner payment program, the prior year's
23 landowner payment shall be used to augment the recreational
24 user permit fee so as to decrease the permit fee for the users
25 of that property. One minor dependent child, 16 years old or
26 under, per permittee may hunt under the supervision of the
27 permittee and is exempt from the permit fee. The spouse and
28 dependent children of a permittee are exempt from the permit
29 fee when engaged in outdoor recreational activities other than
30 hunting in the company of the permittee. Notwithstanding any
31 other provision of this chapter, there are no other
88
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 exclusions, exceptions, or exemptions from this permit fee.
2 The recreational user permit fee, less an administrative
3 permit fee of up to $25 per permit, shall be remitted to the
4 landowner as provided in the lease agreement for each area.
5 (c) A muzzle-loading gun permit to hunt within this
6 state with a muzzle-loading gun during those game seasons in
7 which hunting with a modern firearm is not allowed is $5.
8 (d) An archery permit to hunt within this state with a
9 bow and arrow during those game seasons in which hunting with
10 a firearm is not allowed is $5.
11 (e) A Florida turkey permit to take wild turkeys
12 within this state is $5.
13 (f) A special use permit for limited entry hunting or
14 fishing, where such hunting or fishing is authorized by
15 commission rule, shall be up to $100 per day but shall not
16 exceed $250 per week. Notwithstanding any other provision of
17 this chapter, there are no exclusions, exceptions, or
18 exemptions from this fee. In addition to the fee, the
19 commission may charge each applicant for a special use permit
20 a nonrefundable application fee of up to $10.
21 (g) The fee for a permanent hunting and fishing
22 license for a resident 64 years of age or older is $12.
23 (5) The commission is authorized to reduce the fees
24 for licenses and permits under this section for residents of
25 those states with which the commission has entered into
26 reciprocal agreements with respect to such fees.
27 (6) The commission may designate by rule no more than
28 2 consecutive or nonconsecutive days in each year as free
29 fishing days. Notwithstanding any other provision of this
30 chapter, any person may take freshwater fish for noncommercial
31 purposes on a free fishing day without obtaining or possessing
89
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 a license or paying a license fee as prescribed in this
2 section. A person who takes freshwater fish on a free fishing
3 day without obtaining a license or paying a fee must comply
4 with all laws and regulations governing holders of a fishing
5 license and all other conditions and limitations regulating
6 the taking of freshwater fish as are imposed by law or rule.
7 (6)(7) A resident lifetime sportsman's license
8 authorizes the holder to engage in the following noncommercial
9 activities:
10 (a) To take or attempt to take or possess freshwater
11 fish, marine fish, and game, consistent with state and federal
12 regulations and rules of the commission in effect at the time
13 of taking.
14 (b) All activities authorized by a management area
15 permit, a muzzle-loading gun permit, a turkey permit, an
16 archery permit, a Florida waterfowl permit, a snook permit,
17 and a crawfish permit.
18 (7)(8) The fee for a resident lifetime sportsman's
19 license is:
20 (a) 4 years of age or younger.....................$400
21 (b) 5-12 years of age.............................$700
22 (c) 13 years of age or older....................$1,000
23 (8)(9) A resident lifetime hunting license authorizes
24 the holder to engage in the following noncommercial
25 activities:
26 (a) To take or attempt to take or possess game
27 consistent with state and federal regulations and rules of the
28 commission in effect at the time of taking.
29 (b) All activities authorized by a management area
30 permit, excluding fishing, a muzzle-loading gun permit, a
31
90
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 turkey permit, an archery permit, and a Florida waterfowl
2 permit.
3 (9)(10) The fee for a resident lifetime hunting
4 license shall be:
5 (a) 4 years of age or younger.....................$200
6 (b) 5-12 years of age.............................$350
7 (c) 13 years of age or older......................$500
8 (11) A resident lifetime freshwater fishing license
9 authorizes the holder to engage in the following noncommercial
10 activities:
11 (a) To take or attempt to take or possess freshwater
12 fish consistent with state and federal regulations and rules
13 of the commission in effect at the time of taking.
14 (b) All activities authorized by a management area
15 permit, excluding hunting.
16 (12) The fee for a resident lifetime freshwater
17 fishing license shall be:
18 (a) 4 years of age or younger.....................$125
19 (b) 5-12 years of age.............................$225
20 (c) 13 years of age or older......................$300
21 (13) Fees collected pursuant to s. 370.0605(2) for
22 5-year saltwater fishing licenses, fees collected pursuant to
23 s. 370.0605(6)(e) for replacement 5-year and lifetime
24 licenses, fees collected pursuant to s. 370.0615 for lifetime
25 saltwater fishing licenses, and 30 percent of the fee for the
26 lifetime sportsman's license shall be transferred within 30
27 days following the last day of the month in which the license
28 fees were received by the commission to the Marine Resources
29 Conservation Trust Fund.
30 (14) The following 5-year licenses are authorized:
31
91
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (a) A 5-year freshwater fishing license for a resident
2 to take or attempt to take or possess freshwater fish in this
3 state for 5 consecutive years is $60 and authorizes the holder
4 to engage in noncommercial activities to take or attempt to
5 take or possess freshwater fish consistent with state and
6 federal regulations and rules of the commission in effect at
7 the time of taking.
8 (10)(b) A 5-year hunting license for a resident to
9 take or attempt to take or possess game in this state for 5
10 consecutive years is $55 and authorizes the holder to engage
11 in noncommercial activities to take or attempt to take or
12 possess game consistent with state and federal regulations and
13 rules of the commission in effect at the time of taking.
14 (11)(15) Proceeds from the sale of 5-year licenses as
15 provided in this chapter shall be deposited into the Dedicated
16 License Trust Fund. One-fifth of the total proceeds derived
17 from the sale of 5-year licenses, replacement 5-year licenses,
18 and all interest derived therefrom shall be available for
19 appropriation annually.
20 Section 68. Section 372.571, Florida Statutes, is
21 amended to read:
22 372.571 Expiration of licenses and permits.--Each
23 license or permit issued under this chapter must be dated when
24 issued. Each license or permit issued under this chapter
25 remains valid for 12 months after the date of issuance, except
26 for a lifetime license issued pursuant to s. 372.57 which is
27 valid from the date of issuance until the death of the
28 individual to whom the license is issued unless otherwise
29 revoked in accordance with s. 372.99, or a 5-year license
30 issued pursuant to s. 372.57 which is valid for 5 consecutive
31 years from the date of purchase unless otherwise revoked in
92
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 accordance with s. 372.99 or a license issued pursuant to s.
2 372.57(2)(b) or (g), which is valid for the period specified
3 on the license. A resident lifetime license or a resident
4 5-year license that has been purchased by a resident of this
5 state and who subsequently resides in another state shall be
6 honored for activities authorized by that license.
7 Section 69. Subsection (1) of section 372.5712,
8 Florida Statutes, is amended to read:
9 372.5712 Florida waterfowl permit revenues.--
10 (1) The commission shall expend the revenues generated
11 from the sale of the Florida waterfowl permit as provided in
12 s. 372.57(4)(a) or that pro rata portion of any license that
13 includes waterfowl hunting privileges, as provided in s.
14 372.57(2)(f)(i) and (10) (14)(b) as follows: A maximum of 5
15 percent of the gross revenues shall be expended for
16 administrative costs; a maximum of 25 percent of the gross
17 revenues shall be expended for waterfowl research approved by
18 the commission; and a maximum of 70 percent of the gross
19 revenues shall be expended for projects approved by the
20 commission, in consultation with the Waterfowl Advisory
21 Council, for the purpose of protecting and propagating
22 migratory waterfowl and for the development, restoration,
23 maintenance, and preservation of wetlands within the state.
24 Section 70. Subsection (1) of section 372.5715,
25 Florida Statutes, is amended to read:
26 372.5715 Florida wild turkey permit revenues.--
27 (1) The commission shall expend the revenues generated
28 from the sale of the turkey permit as provided for in s.
29 372.57(4)(e) or that pro rata portion of any license that
30 includes turkey hunting privileges as provided for in s.
31
93
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 372.57(2)(f)(i) and (10) (14)(b) for research and management
2 of wild turkeys.
3 Section 71. Section 372.573, Florida Statutes, is
4 amended to read:
5 372.573 Management area permit revenues.--The
6 commission shall expend the revenue generated from the sale of
7 the management area permit as provided for in s. 372.57(4)(b)
8 or that pro rata portion of any license that includes
9 management area privileges as provided for in s.
10 372.57(2)(f)(i) and (10) (14)(b) for the lease, management,
11 and protection of lands for public hunting, fishing, and other
12 outdoor recreation.
13 Section 72. Section 372.574, Florida Statutes, is
14 amended to read:
15 372.574 Appointment of subagents for the sale of
16 hunting, fishing, and trapping licenses and permits.--
17 (1) A county tax collector who elects to sell licenses
18 and permits authorized in s. 372.57 may appoint any person as
19 a subagent for the sale of fishing, hunting, and trapping
20 licenses and permits that the tax collector is allowed to
21 sell. The following are requirements for subagents:
22 (a) Each subagent must serve at the pleasure of the
23 county tax collector.
24 (b) Neither an employee of the county tax collector
25 nor her or his relative or next of kin, by blood or otherwise,
26 may be appointed as a subagent.
27 (c) The tax collector may require each subagent to
28 post an appropriate bond as determined by the tax collector,
29 using an insurance company acceptable to the tax collector.
30 In lieu of such bond, the tax collector may purchase blanket
31 bonds covering all or selected subagents or may allow a
94
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 subagent to post such other security as is required by the tax
2 collector.
3 (d) A subagent may sell licenses and permits
4 authorized in s. 372.57 as are determined by the tax collector
5 at such specific locations within the county and in states
6 contiguous to Florida as will best serve the public interest
7 and convenience in obtaining licenses and permits. The
8 commission may uniformly prohibit subagents from selling
9 certain licenses or permits.
10 (e) It is unlawful for any person to handle licenses
11 or permits authorized in s. 372.57 for a fee or compensation
12 of any kind unless she or he has been appointed as a subagent.
13 (f) Any person who willfully violates any of the
14 provisions of this law commits is guilty of a misdemeanor of
15 the second degree, punishable as provided in s. 775.082 or s.
16 775.083.
17 (g) A subagent may charge and receive as her or his
18 compensation 50 cents for each license or permit sold as
19 authorized in s. 372.57. This charge is in addition to the
20 sum required by law to be collected for the sale and issuance
21 of each license or permit.
22 (h) A subagent shall submit payment for and report the
23 sale of licenses and permits as authorized in s. 372.57 to the
24 tax collector as prescribed by the tax collector but no less
25 frequently than monthly.
26 (i) Subagents shall submit an activity report for
27 sales made during the reporting period on forms prescribed or
28 approved by the commission. Periodic audits may be performed
29 at the discretion of the commission.
30 (2) If a tax collector elects not to appoint
31 subagents, the commission may appoint subagents within that
95
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 county. Subagents shall serve at the pleasure of the
2 commission. The commission may establish, by rule, procedures
3 for selection of subagents. The following are requirements
4 for subagents so appointed:
5 (a) The commission may require each subagent to post
6 an appropriate bond as determined by the commission, using an
7 insurance company acceptable to the commission. In lieu of
8 the bond, the commission may purchase blanket bonds covering
9 all or selected subagents or may allow a subagent to post
10 other security as required by the commission.
11 (b) A subagent may sell licenses and permits
12 authorized in s. 372.57 as authorized by the direction of the
13 commission at specific locations within the county and in
14 states as will best serve the public interest and convenience
15 in obtaining licenses and permits. The commission may prohibit
16 subagents from selling certain licenses or permits.
17 (c) It is unlawful for any person to handle licenses
18 or permits for a fee or compensation of any kind unless he or
19 she has been appointed as a subagent.
20 (d) Any person who willfully violates any of the
21 provisions of this section commits a misdemeanor of the second
22 degree, punishable as provided in s. 775.082 or s. 775.083.
23 (e) A subagent may charge and receive as his or her
24 compensation 50 cents for each license or permit sold as
25 authorized in s. 372.57. This charge is in addition to the
26 sum required by law to be collected for the sale and issuance
27 of said each license or permit. In addition, no later than
28 July 1, 1997, a subagent fee for the sale of licenses over the
29 telephone by credit card shall be established by competitive
30 bid procedures which are overseen by the Fish and Wildlife
31 Conservation Commission.
96
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (f) A subagent shall submit payment for and report the
2 sale of licenses and permits authorized in s. 372.57 to the
3 commission as prescribed by the commission.
4 (g) Subagents shall maintain records of all licenses
5 and permits authorized in s. 372.57 to be sold and all stamps
6 issued, voided, stolen, or lost. Subagents are responsible to
7 the commission for the fees for all licenses and permits sold
8 and for the value of all stamps reported as lost. Subagents
9 must report all stolen validation stamps to the appropriate
10 law enforcement agency. The subagent shall submit a written
11 report and a copy of the law enforcement agency's report to
12 the commission within 5 days after discovering the theft. The
13 value of a lost validation stamp is $5.
14 (h) Subagents shall submit an activity report for
15 sales made during the reporting period on forms prescribed or
16 approved by the commission. Periodic audits may be performed
17 at the discretion of the commission.
18 (i) By July 15 of each year, each subagent shall
19 submit to the commission all unissued stamps for the previous
20 year along with a written audit report, on forms prescribed or
21 approved by the commission, on the numbers of the unissued
22 stamps.
23 (3) All social security numbers which are provided
24 pursuant to ss. 372.561 and 372.57 and are contained in
25 records of any subagent appointed pursuant to this section are
26 confidential as provided in those sections.
27 Section 73. Section 372.60, Florida Statutes, is
28 amended to read:
29 372.60 Issuing of replacement license or permit.--A
30 license or permit to replace a lost or destroyed license
31 issued pursuant to the provisions of this chapter may be
97
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 obtained by submitting an application requesting replacement.
2 The fee is $10 for each application for a replacement of a
3 lifetime license and $2 for each application for replacement
4 for any other license or permit, which shall be for the
5 purpose of, and the source from which is subtracted, all
6 administrative costs of issuing the license or permit,
7 including, but not limited to, printing, distribution, and
8 credit card fees. The office of the tax collector may retain
9 $1 for each application for a replacement license. Fees
10 collected from the issuance of replacement lifetime licenses
11 and 5-year licenses authorized in this chapter shall be
12 deposited into the Dedicated License Trust Fund and shall be
13 available for appropriation.
14 Section 74. Subsection (2) of section 372.661, Florida
15 Statutes, is amended to read:
16 372.661 Private hunting preserve, license;
17 exception.--
18 (2) A commercial hunting preserve license, which shall
19 exempt patrons of licensed preserves from the licensure
20 requirements of s. 372.57(2)(a), (b), (c), and (f)(e), (f),
21 (g), and (i), (4)(a), (c), (d), and (e), (6)(7), (8)(9), and
22 (10)(14)(b) while hunting on the licensed preserve property,
23 shall be $500. Such commercial hunting preserve license shall
24 be available only to those private hunting preserves licensed
25 pursuant to this section which are operated exclusively for
26 commercial purposes, which are open to the public, and for
27 which a uniform fee is charged to patrons for hunting
28 privileges.
29 Section 75. Section 372.70, Florida Statutes, is
30 amended to read:
31
98
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 372.70 Prosecutions.--The prosecuting officers of the
2 several courts of criminal jurisdiction of this state shall
3 investigate and prosecute all violations of the laws relating
4 to game, freshwater fish, nongame birds, and fur-bearing
5 animals which may be brought to their attention by the Fish
6 and Wildlife Conservation Commission or its conservation
7 officers, or which may otherwise come to their knowledge.
8 Section 76. Section 372.7015, Florida Statutes, is
9 amended to read:
10 372.7015 Illegal killing, taking, possessing, or
11 selling wildlife or game; fines; disposition of fines.--In
12 addition to any other penalty provided by law, any person who
13 violates the criminal provisions of this chapter and rules
14 adopted pursuant to this chapter by illegally killing, taking,
15 possessing, or selling game or fur-bearing animals as defined
16 in s. 372.001(5) or (6)(3) or (4) in or out of season while
17 violating chapter 810 shall pay a fine of $250 for each such
18 violation, plus court costs and any restitution ordered by the
19 court. All fines collected under this section shall be
20 deposited into the Fish and Wildlife Conservation Commission's
21 State Game Trust Fund.
22 Section 77. Paragraph (a) of subsection (2) of section
23 372.7016, Florida Statutes, is amended to read:
24 372.7016 Voluntary Authorized Hunter Identification
25 Program.--
26 (2) Any person hunting on private land enrolled in the
27 Voluntary Authorized Hunter Identification Program shall have
28 readily available on the land at all times when hunting on the
29 property written authorization from the owner or his or her
30 authorized representative to be on the land for the purpose of
31 hunting. The written authorization shall be presented on
99
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 demand to any law enforcement officer, the owner, or the
2 authorized agent of the owner.
3 (a) For purposes of this section, the term "hunting"
4 means to be engaged in or reasonably equipped to engage in the
5 pursuit or taking by any means of any animal described in s.
6 372.001(5) or (6)(3) or (4), and the term "written
7 authorization" means a card, letter, or other written
8 instrument which shall include, but need not be limited to,
9 the name of the person or entity owning the property, the name
10 and signature of the person granting the authorization, a
11 description by township, range, section, partial section, or
12 other geographical description of the land to which the
13 authorization applies, and a statement of the time period
14 during which the authorization is valid.
15 Section 78. Section 372.705, Florida Statutes, is
16 amended to read:
17 372.705 Harassment of hunters, or trappers, or
18 fishers.--
19 (1) A person may not intentionally, within a publicly
20 or privately owned wildlife management or fish management area
21 or on any state-owned water body:
22 (a) Interfere with or attempt to prevent the lawful
23 taking of fish, game, or nongame animals by another.
24 (b) Attempt to disturb fish, game, or nongame animals
25 or attempt to affect their behavior with the intent to prevent
26 their lawful taking by another.
27 (2) Any person who violates subsection (1) commits is
28 guilty of a misdemeanor of the second degree, punishable as
29 provided in s. 775.082 or s. 775.083.
30 Section 79. Section 372.73, Florida Statutes, is
31 amended to read:
100
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 372.73 Confiscation and disposition of illegally taken
2 game.--All game and freshwater fish seized under the authority
3 of this chapter shall, upon conviction of the offender or
4 sooner if the court so orders, be forfeited and given to some
5 hospital or charitable institution and receipt therefor sent
6 to the Fish and Wildlife Conservation Commission. All furs or
7 hides or fur-bearing animals seized under the authority of
8 this chapter shall, upon conviction of the offender, be
9 forfeited and sent to the commission, which shall sell the
10 same and deposit the proceeds of such sale to the credit of
11 the State Game Trust Fund or into the commission's Federal Law
12 Enforcement Trust Fund as provided in s. 372.107, as
13 applicable. If any such hides or furs are seized and the
14 offender is unknown, the court shall order such hides or furs
15 sent to the Fish and Wildlife Conservation Commission, which
16 shall sell such hides and furs and deposit the proceeds of
17 such sale to the credit of the State Game Trust Fund or into
18 the commission's Federal Law Enforcement Trust Fund as
19 provided in s. 372.107, as applicable.
20 Section 80. Subsections (1), (2), and (4) of section
21 372.74, Florida Statutes, are amended to read:
22 372.74 Cooperative agreements with U. S. Forest
23 Service; penalty.--The Fish and Wildlife Conservation
24 Commission is authorized and empowered:
25 (1) To enter into cooperative agreements with the
26 United States Forest Service for the development of game,
27 bird, fish, reptile, or fur-bearing animal management and
28 demonstration projects on and in the Osceola National Forest
29 in Columbia and Baker Counties, and in the Ocala National
30 Forest in Marion, Lake, and Putnam Counties and in the
31 Apalachicola National Forest in Liberty County. Provided,
101
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 however, that no such cooperative agreements shall become
2 effective in any county concerned until confirmed by the board
3 of county commissioners of such county expressed through
4 appropriate resolution.
5 (2) In cooperation with the United States Forest
6 Service, to make, adopt, promulgate, amend, and repeal rules
7 and regulations, consistent with law, for the further or
8 better control of hunting, fishing, and control of wildlife in
9 the above National Forests or parts thereof; to shorten
10 seasons and reduce bag limits, or shorten or close seasons on
11 any species of game, bird, fish, reptile, or fur-bearing
12 animal within the limits prescribed by the Florida law, in the
13 above enumerated National Forests or parts thereof, when it
14 shall find after investigation that such action is necessary
15 to assure the maintenance of an adequate supply of wildlife.
16 (4) In addition to the requirements of chapter 120,
17 notice of the making, adoption, and promulgation of the above
18 rules and regulations shall be given by posting said notices,
19 or copies of the rules and regulations, in the offices of the
20 county judges and in the post offices within the area to be
21 affected and within 10 miles thereof. In addition to the
22 posting of said notices, as aforesaid, copies of said notices
23 or of said rules and regulations shall also be published in
24 newspapers published at the county seats of Baker, Columbia,
25 Marion, Lake, Putnam, and Liberty Counties, or so many thereof
26 as have newspapers, once not more than 35 nor less than 28
27 days and once not more than 21 nor less than 14 days prior to
28 the opening of the state hunting season in said areas. Any
29 person violating any rules or regulations promulgated by the
30 commission to cover these areas under cooperative agreements
31 between the Fish and Wildlife Conservation Commission and the
102
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 United States Forest Service, none of which shall be in
2 conflict with the laws of Florida, commits shall be guilty of
3 a misdemeanor of the second degree, punishable as provided in
4 s. 775.082 or s. 775.083.
5 Section 81. Section 372.76, Florida Statutes, is
6 amended to read:
7 372.76 Search and seizure authorized and limited.--The
8 Fish and Wildlife Conservation Commission and its conservation
9 officers shall have authority when they have reasonable and
10 probable cause to believe that the provisions of this chapter
11 have been violated, to board any vessel, boat, or vehicle or
12 to enter any fishhouse or warehouse or other building,
13 exclusive of residence, in which game, hides, or fur-bearing
14 animals, fish, or fish nets are kept and to search for and
15 seize any such game, hides, or fur-bearing animals, fish, or
16 fish nets had or held therein in violation of law. Provided,
17 however, that no search without warrant shall be made under
18 any of the provisions of this chapter, unless the officer
19 making such search has such information from a reliable source
20 as would lead a prudent and cautious person to believe that
21 some provision of this chapter is being violated.
22 Section 82. Subsection (1) of section 372.761, Florida
23 Statutes, is amended to read:
24 372.761 Issuance of warrant for search of private
25 dwelling.--
26 (1) A search warrant may be issued on application by a
27 commissioned officer of the Fish and Wildlife Conservation
28 Commission to search any private dwelling occupied as such
29 when it is being used for the unlawful sale or purchase of
30 wildlife or freshwater fish being unlawfully kept therein.
31 The term "private dwelling" shall be construed to include the
103
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 room or rooms used and occupied, not transiently but solely as
2 a residence, in an apartment house, hotel, boardinghouse, or
3 lodginghouse. No warrant for the search of any private
4 dwelling shall be issued except upon probable cause supported
5 by sworn affidavit of some creditable witness that she or he
6 has reason to believe that the said conditions exist, which
7 affidavit shall set forth the facts on which such reason for
8 belief is based.
9 Section 83. Subsections (1) and (2) of section
10 372.7701, Florida Statutes, are amended to read:
11 372.7701 Assent to federal acts.--
12 (1) The state hereby assents to the provisions of the
13 Federal Aid in Fish Restoration Act of August 9, 1950, as
14 amended. The Fish and Wildlife Conservation Commission shall
15 perform such activities as are necessary to conduct wildlife
16 and sportfish restoration projects, as defined in such Act of
17 Congress and in compliance with the act and rules adopted
18 thereunder by the United States Department of the Interior.
19 Furthermore, the commission shall develop and implement
20 programs to manage, protect, restore, and conserve marine
21 mammals and the marine fishery and shall develop and implement
22 similar programs for wild animal life and freshwater aquatic
23 life.
24 (2) Revenues from fees paid by hunters and sport
25 fishers may not be diverted to purposes other than the
26 administration of fish and wildlife programs by the Fish and
27 Wildlife Conservation Commission. Administration of the state
28 fish and wildlife programs includes only those functions of
29 fish and wildlife management as are the responsibility of and
30 under the authority of the Fish and Wildlife Conservation
31 Commission.
104
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 84. Subsection (1) of section 372.771, Florida
2 Statutes, is amended to read:
3 372.771 Federal conservation of fish and wildlife;
4 limited jurisdiction.--
5 (1) Consent of the State of Florida is hereby given,
6 to the United States for acquisition of lands, waters, or
7 lands and waters or interests therein, for the purpose of
8 managing, protecting and propagating fish and wildlife and for
9 other conservation uses in the state, providing prior notice
10 has been given by the Federal Government to the Board of
11 Trustees of the Internal Improvement Trust Fund, the board of
12 county commissioners of the county where the lands proposed
13 for purchase are located, of such proposed action stating the
14 specific use to be made of and the specific location and
15 description of such lands desired by the Federal Government
16 for any such conservation use, and that such plans for
17 acquisition and use of said lands be approved by the Board of
18 Trustees of the Internal Improvement Trust Fund, the board of
19 county commissioners of the county where the lands proposed
20 for purchase are located; provided further that nothing herein
21 contained shall be construed to give the consent of the State
22 of Florida to the acquisition by the United States of lands,
23 waters, or lands and waters, or interests therein, through
24 exercise of the power of eminent domain; provided further that
25 the provisions of this act shall not apply to lands owned by
26 the several counties or by public corporations.
27 Section 85. Section 372.83, Florida Statutes, is
28 amended to read:
29 372.83 Noncriminal infractions; criminal penalties;
30 suspension and revocation of licenses and permits.--
31
105
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (1) A person is guilty of a noncriminal infraction,
2 punishable as provided in s. 372.711, if she or he violates
3 any of the following provisions:
4 (a) Rules, regulations, or orders relating to the
5 filing of reports or other documents required of persons who
6 are licensed or who hold permits issued by the commission
7 under the provisions of this chapter.
8 (b) Rules, regulations, or orders relating to fish
9 management areas.
10 (b)(c) Rules, regulations, or orders relating to quota
11 hunt permits, daily use permits, hunting zone assignments,
12 camping restrictions, the use of alcoholic beverages, vehicle
13 use, and check station requirements within wildlife management
14 areas or other areas managed by the commission.
15 (c)(d) Rules, regulations, or orders requiring permits
16 free of charge to possess captive wildlife for personal use.
17 (e) Rules, regulations, or orders establishing size or
18 slot limits for freshwater game fish.
19 (d)(f) Rules, regulations, or orders regulating vessel
20 size or specifying motor restrictions on specified water
21 bodies.
22 (e)(g) Rules, regulations, or orders relating to the
23 registration of off-road vehicles and airboats operated on
24 state lands.
25 (f)(h) Section 372.57, relating to hunting, fishing,
26 and trapping licenses.
27 (g)(i) Section 372.988, relating to required clothing
28 for persons hunting deer.
29
30 A person who fails to pay the civil penalty specified in s.
31 372.711 within 30 days after being cited for a noncriminal
106
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 infraction or to appear before the court pursuant to that
2 section commits is guilty of a misdemeanor of the second
3 degree, punishable as provided in s. 775.082 or s. 775.083.
4 (2) A person commits is guilty of a misdemeanor of the
5 second degree, punishable as provided in s. 775.082 or s.
6 775.083, if she or he violates any of the following rules,
7 regulations, or orders of the commission:
8 (a) Rules, regulations, or orders that specify season
9 or time periods for the taking of freshwater fish or wildlife.
10 (b) Rules, regulations, or orders that specify bag
11 limits or restrict methods of taking freshwater fish or
12 wildlife.
13 (c) Rules, regulations, or orders that relate to the
14 sale, possession for sale, purchase, transfer, transportation,
15 or importation of freshwater fish or wildlife.
16 (d) Rules, regulations, or orders that prohibit public
17 access for specified periods to wildlife management areas or
18 other areas managed by the commission.
19 (e) Rules, regulations, or orders that require a
20 person to pay a fee to obtain a permit to possess captive
21 wildlife or that require the maintenance of records relating
22 to captive wildlife.
23 (f) All other rules, regulations, and orders of the
24 commission, except those specified in subsection (1).
25 (3) Unless otherwise provided in this chapter, a
26 person who violates any provision of this chapter commits is
27 guilty, for the first offense, of a misdemeanor of the second
28 degree, punishable as provided in s. 775.082 or s. 775.083,
29 and commits is guilty, for the second offense or any
30 subsequent offense, of a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083.
107
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (4) The court may order the suspension or revocation
2 of any license or permit issued to a person pursuant to this
3 chapter, if that person commits a criminal offense specified
4 in this chapter or a noncriminal infraction specified in this
5 section.
6 Section 86. Section 372.97, Florida Statutes, is
7 amended to read:
8 372.97 Jim Woodruff Dam; reciprocity agreements.--The
9 Fish and Wildlife Conservation Commission of the state is
10 hereby authorized to enter into an agreement of the
11 reciprocity with the game and fish commissioners or the
12 appropriate officials or departments of the State of Georgia
13 and the State of Alabama relative to the taking of game and
14 freshwater fish from the waters of the lake created by the Jim
15 Woodruff Dam by permitting reciprocal license privileges.
16 Section 87. Section 372.971, Florida Statutes, is
17 amended to read:
18 372.971 St. Mary's River; reciprocity agreements.--The
19 Fish and Wildlife Conservation Commission of the state is
20 hereby authorized to enter into an agreement of reciprocity
21 with the game and fish commissioner or the appropriate
22 officials or departments of the State of Georgia relative to
23 the taking of game and freshwater fish from the waters of the
24 St. Mary's River by permitting reciprocal agreement license
25 privileges.
26 Section 88. Subsection (3) of section 372.9901,
27 Florida Statutes, is amended to read:
28 372.9901 Seizure of illegal devices; disposition;
29 appraisal; forfeiture.--
30 (3) Upon conviction of the violator, the property, if
31 owned by the person convicted, shall be forfeited to the state
108
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 under the procedure set forth in ss. 370.442 through 370.447
2 372.312 through 372.318, where not inconsistent with this
3 section. All amounts received from the sale or other
4 disposition of the property shall be paid into the State Game
5 Trust Fund or into the commission's Federal Law Enforcement
6 Trust Fund as provided in s. 372.107, as applicable. If the
7 property is not sold or converted, it shall be delivered to
8 the Executive Director of the Fish and Wildlife Conservation
9 Commission.
10 Section 89. Subsection (1) of section 372.991, Florida
11 Statutes, is amended to read:
12 372.991 Nongame Wildlife Trust Fund.--
13 (1) The Legislature recognizes the value of
14 maintaining ecologically healthy and stable populations of a
15 wide diversity of fish and wildlife species and recognizes the
16 need for monitoring, research, management, and public
17 awareness of all wildlife species in order to guarantee that
18 self-sustaining populations be conserved. The Legislature
19 further recognizes that research and management for game
20 species traditionally have been supported by licenses and fees
21 collected by the Fish and Wildlife Conservation Game and Fresh
22 Water Fish Commission for consumptive uses of wildlife and
23 that no such support mechanism is available for species not
24 commonly pursued for sport or profit. It is the intent of the
25 Legislature that the funds provided herein be spent to
26 identify and meet the needs of nongame wildlife as a first
27 priority with the ultimate goal of establishing an integrated
28 approach to the management and conservation of all native
29 fish, wildlife, and plants.
30 Section 90. Section 370.0205, Florida Statutes, is
31 renumbered as section 20.2551, Florida Statutes, to read:
109
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 20.2551 370.0205 Citizen support organizations; use of
2 property; audit; public records; partnerships.--
3 (1) DEFINITIONS.--For the purposes of this section, a
4 "citizen support organization" means an organization which is:
5 (a) A Florida corporation not for profit incorporated
6 under the provisions of chapter 617 and approved by the
7 Department of State;
8 (b) Organized and operated to conduct programs and
9 activities; raise funds; request and receive grants, gifts,
10 and bequests of money; acquire, receive, hold, invest, and
11 administer, in its own name, securities, funds, objects of
12 value, or other property, real or personal; and make
13 expenditures to or for the direct or indirect benefit of the
14 Department of Environmental Protection or individual units of
15 the department. The citizen support organization may not
16 receive funds from the department or the Florida Marine
17 Research Institute by grant, gift, or contract unless
18 specifically authorized by the Legislature;
19 (c) Determined by the appropriate division of the
20 Department of Environmental Protection to be consistent with
21 the goals of the department and in the best interests of the
22 state; and
23 (d) Approved in writing by the department to operate
24 for the direct or indirect benefit of the individual units of
25 the department. Such approval shall be given in a letter of
26 agreement from the department.
27 (2) USE OF PROPERTY.--
28 (a) The department may permit, without charge,
29 appropriate use of fixed property and facilities of the
30 department by a citizen support organization subject to the
31 provisions of this section. Such use shall be directly in
110
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 keeping with the approved purposes of the citizen support
2 organization and may not be made at times or places that would
3 unreasonably interfere with normal department operations.
4 (b) The department may prescribe by rule any condition
5 with which a citizen support organization shall comply in
6 order to use fixed property or facilities of the department.
7 (c) The department shall not permit the use of any
8 fixed property or facilities by a citizen support organization
9 which does not provide equal membership and employment
10 opportunities to all persons regardless of race, color,
11 religion, sex, age, or national origin.
12 (3) ANNUAL AUDIT.--Any citizen support organization
13 which has annual expenditures of $100,000 or more shall cause
14 an annual postaudit of its financial accounts to be conducted
15 by an independent certified public accountant in accordance
16 with rules to be adopted by the department. The annual audit
17 report shall be submitted to the Auditor General and the
18 department for review. The Auditor General and the department
19 are each authorized to require and obtain from the citizen
20 support organization, or from its independent auditor, such
21 data as may be needed relative to the operation of the
22 organization.
23 (4) PUBLIC RECORDS.--All records of the citizen
24 support organization constitute public records for the
25 purposes of chapter 119.
26 (5) PARTNERSHIPS.--
27 (a) The Legislature recognizes that many of the lands
28 managed by the department need a variety of facilities to
29 enhance the use and potential of such lands and that many of
30 the department's programs are of interest to, and could
31 benefit from the support of, local citizen groups. Such
111
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 facilities and programs include, but are not limited to,
2 improved access, camping areas, picnicking shelters,
3 management offices and facilities, environmental education
4 facilities and programs, and cleanup and restoration projects.
5 The need for such facilities and programs has exceeded the
6 ability of the state to provide funding in a timely manner
7 with available moneys. The Legislature finds it to be in the
8 public interest to provide incentives for partnerships with
9 private entities whose intent is the production of additional
10 revenues to help enhance the use and potential of state
11 property and environmental programs and projects funded by the
12 department.
13 (b) The Legislature may annually appropriate funds, to
14 be used as matching funds in conjunction with private
15 donations, for capital improvement facilities development on
16 state lands or the enhancement of department sponsored
17 environmental programs or projects of local interest to
18 citizen support organizations formed under this section.
19 Citizen support organizations organized and operating for the
20 benefit of the department may acquire private donations
21 pursuant to this section, and matching state funds for
22 approved projects or programs may be provided in accordance
23 with this subsection. The department is authorized to properly
24 recognize and honor a private donor by placing a plaque or
25 other appropriate designation noting the contribution to
26 project or program facilities or by naming project or program
27 facilities after the person or organization that provided
28 matching funds.
29 Section 91. Section 161.031, Florida Statutes, is
30 amended to read:
31
112
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 161.031 Personnel and facilities.--The Department of
2 Environmental Protection may call to its assistance
3 temporarily, any engineer or other employee in any state
4 agency or department or in the University of Florida or other
5 educational institution financed wholly or in part by the
6 state, for the purpose of devising the most effective and
7 economical method of averting and preventing erosion,
8 hurricane, and storm damages. These employees shall not
9 receive additional compensation, except for actual necessary
10 expenses incurred while working under the direction of the
11 department Division of Marine Resources.
12 Section 92. Section 370.041, Florida Statutes, is
13 renumbered as section 161.242, Florida Statutes, to read:
14 161.242 370.041 Harvesting of sea oats and sea grapes
15 prohibited; possession prima facie evidence of violation.--
16 (1) The purpose of this section is to protect the
17 beaches and shores of the state from erosion by preserving
18 natural vegetative cover to bind the sand.
19 (2) It is unlawful for any purpose to cut, harvest,
20 remove, or eradicate any of the grass commonly known as sea
21 oats or Uniola paniculata and Coccolobis uvifera commonly
22 known as sea grapes from any public land or from any private
23 land without consent of the owner of such land or person
24 having lawful possession thereof. Possession of either Uniola
25 paniculata or Coccolobis uvifera by other than the owner of
26 such land shall constitute prima facie evidence of violation
27 of this section. However, licensed, certified nurserymen who
28 grow any of the native plants listed in this section from
29 seeds or by vegetative propagation are specifically permitted
30 to sell these commercially grown plants and shall not be in
31 violation of this section of the law if they do so, as it is
113
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 the intent of the law to preserve and encourage the growth of
2 these native plants which are rapidly disappearing from the
3 state.
4 Section 93. Section 161.36, Florida Statutes, is
5 amended to read:
6 161.36 General powers of authority.--In order to most
7 effectively carry out the purposes of this part, the board of
8 county commissioners, as the county beach and shore
9 preservation authority and as the governing body of each beach
10 and shore preservation district established thereby, shall be
11 possessed of broad powers to do all manner of things necessary
12 or desirable in pursuance of this end; provided, however,
13 nothing herein shall diminish or impair the regulatory
14 authority of the Department of Environmental Protection
15 department or Division of Marine Resources under part I of
16 this chapter, or the Board of Trustees of the Internal
17 Improvement Trust Fund under chapter 253. Such powers shall
18 specifically include, but not be limited to, the following:
19 (1) To make contracts and enter into agreements;
20 (2) To sue and be sued;
21 (3) To acquire and hold lands and property by any
22 lawful means;
23 (4) To exercise the power of eminent domain;
24 (5) To enter upon private property for purposes of
25 making surveys, soundings, drillings and examinations, and
26 such entry shall not be deemed a trespass;
27 (6) To construct, acquire, operate and maintain works
28 and facilities;
29 (7) To make rules and regulations; and
30 (8) To do any and all other things specified or
31 implied in this part.
114
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 94. Paragraph (f) of subsection (3) of section
2 259.101, Florida Statutes, is amended to read:
3 259.101 Florida Preservation 2000 Act.--
4 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
5 costs of issuance, the costs of funding reserve accounts, and
6 other costs with respect to the bonds, the proceeds of bonds
7 issued pursuant to this act shall be deposited into the
8 Florida Preservation 2000 Trust Fund created by s. 375.045.
9 Ten percent of the proceeds of any bonds deposited into the
10 Preservation 2000 Trust Fund shall be distributed by the
11 Department of Environmental Protection to the Department of
12 Environmental Protection for the purchase by the South Florida
13 Water Management District of lands in Dade, Broward, and Palm
14 Beach Counties identified in s. 7, chapter 95-349, Laws of
15 Florida. This distribution shall apply for any bond issue for
16 the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
17 $20 million per year from the proceeds of any bonds deposited
18 into the Florida Preservation 2000 Trust Fund shall be
19 distributed by the Department of Environmental Protection to
20 the St. Johns Water Management District for the purchase of
21 lands necessary to restore Lake Apopka. The remaining proceeds
22 shall be distributed by the Department of Environmental
23 Protection in the following manner:
24 (f) Two and nine-tenths percent to the Fish and
25 Wildlife Conservation Game and Fresh Water Fish Commission to
26 fund the acquisition of inholdings and additions to lands
27 managed by the commission which are important to the
28 conservation of fish and wildlife.
29
30 Local governments may use federal grants or loans, private
31 donations, or environmental mitigation funds, including
115
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 environmental mitigation funds required pursuant to s.
2 338.250, for any part or all of any local match required for
3 the purposes described in this subsection. Bond proceeds
4 allocated pursuant to paragraph (c) may be used to purchase
5 lands on the priority lists developed pursuant to s. 259.035.
6 Title to lands purchased pursuant to paragraphs (a), (d), (e),
7 (f), and (g) shall be vested in the Board of Trustees of the
8 Internal Improvement Trust Fund, except that title to lands,
9 or rights or interests therein, acquired by either the
10 Southwest Florida Water Management District or the St. Johns
11 River Water Management District in furtherance of the Green
12 Swamp Land Authority's mission pursuant to s. 380.0677(3),
13 shall be vested in the district where the acquisition project
14 is located. Title to lands purchased pursuant to paragraph
15 (c) may be vested in the Board of Trustees of the Internal
16 Improvement Trust Fund, except that title to lands, or rights
17 or interests therein, acquired by either the Southwest Florida
18 Water Management District or the St. Johns River Water
19 Management District in furtherance of the Green Swamp Land
20 Authority's mission pursuant to s. 380.0677(3), shall be
21 vested in the district where the acquisition project is
22 located. This subsection is repealed effective October 1,
23 2000. Prior to repeal, the Legislature shall review the
24 provisions scheduled for repeal and shall determine whether to
25 reenact or modify the provisions or to take no action.
26 Section 95. Subsection (2) of section 270.22, Florida
27 Statutes, is amended to read:
28 270.22 Proceeds of state lands to go into Internal
29 Improvement Trust Fund; exception.--
30 (2) Rental fees for aquaculture leases pursuant to s.
31 253.71(2) shall be deposited into the General Inspection
116
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Marine Resources Conservation Trust Fund of the Department of
2 Agriculture and Consumer Services Environmental Protection.
3 Such fees generated by shellfish-related aquaculture leases
4 shall be used for shellfish-related aquaculture activities,
5 including research, lease compliance inspections, mapping, and
6 siting.
7 Section 96. Paragraph (h) of subsection (5) of section
8 288.109, Florida Statutes, is amended to read:
9 288.109 One-Stop Permitting System.--
10 (5) By January 1, 2001, the following state agencies,
11 and the programs within such agencies which require the
12 issuance of licenses, permits, and approvals to businesses,
13 must also be integrated into the One-Stop Permitting System:
14 (h) The Fish and Wildlife Conservation Game and
15 Freshwater Fish Commission.
16 Section 97. Subsections (14) and (15) of section
17 327.02, Florida Statutes, are amended to read:
18 327.02 Definitions of terms used in this chapter and
19 in chapter 328.--As used in this chapter and in chapter 328,
20 unless the context clearly requires a different meaning, the
21 term:
22 (14) "Lien" means a security interest which is
23 reserved or created by a written agreement recorded with the
24 Department of Highway Safety and Motor Vehicles pursuant to s.
25 328.15 which secures payment or performance of an obligation
26 and is generally valid against third parties.
27 (15) "Lienholder" means a person holding a security
28 interest in a vessel, which interest is recorded with the
29 Department of Highway Safety and Motor Vehicles pursuant to s.
30 328.15.
31
117
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 98. Section 327.04, Florida Statutes, is
2 amended to read:
3 327.04 Rules.--The commission department has authority
4 to adopt rules pursuant to ss. 120.536(1) and 120.54 to
5 implement the provisions of this chapter conferring powers or
6 duties upon it.
7 Section 99. Subsections (3) and (4) of section 327.41,
8 Florida Statutes, are amended to read:
9 327.41 Uniform waterway regulatory markers.--
10 (3) Application for placing regulatory markers on the
11 Florida Intracoastal Waterway shall be made to the commission
12 Division of Marine Resources, accompanied by a map locating
13 the approximate placement of the markers, a statement of the
14 specification of the markers, a statement of purpose of the
15 markers, and a statement of the city or county responsible for
16 the placement and upkeep of the markers.
17 (4) No person or municipality, county, or other
18 governmental entity shall place any regulatory markers in, on,
19 or over the Florida Intracoastal Waterway without a permit
20 from the commission Division of Marine Resources.
21 Section 100. Subsection (2) of section 327.53, Florida
22 Statutes, is amended to read:
23 327.53 Marine sanitation.--
24 (2)(a) Every houseboat shall be equipped with at least
25 one permanently installed toilet which shall be properly
26 connected to a United States Coast Guard certified or labeled
27 Type III marine sanitation device. If the toilet is
28 simultaneously connected to both a Type III marine sanitation
29 device and to another approved marine sanitation device, the
30 valve or other mechanism selecting between the two marine
31 sanitation devices shall be set to direct all sewage to the
118
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Type III marine sanitation device and, while the vessel is on
2 the waters of the state, shall be locked or otherwise secured
3 by the boat operator, so as to prevent resetting.
4 (b) A houseboat on which a Type I marine sanitation
5 device was installed before January 30, 1980, need not install
6 a Type III device until October 1, 1996. A houseboat on which
7 a Type II marine sanitation device was installed before July
8 1, 1994, need not install a Type III device until October 1,
9 1996.
10 Section 101. Subsection (4) of section 327.54, Florida
11 Statutes, is amended to read:
12 327.54 Liveries; safety regulations; penalty.--
13 (4) A livery may not lease, hire, or rent a personal
14 watercraft to any person who is under 16 years of age, nor may
15 it lease, hire, or rent such watercraft or other vessel to any
16 other person, unless the livery displays boating safety
17 information about the safe and proper operation of vessels and
18 requires a signature by the lessee that he or she has received
19 instruction in the safe handling of the personal watercraft in
20 compliance with standards established by the commission
21 department.
22 Section 102. Subsection (15) of section 328.72,
23 Florida Statutes, is amended to read:
24 328.72 Classification; registration; fees and charges;
25 surcharge; disposition of fees; fines; marine turtle
26 stickers.--
27 (15) DISTRIBUTION OF FEES.--Moneys deposited pursuant
28 to s. 328.76 to be returned to the counties are for the sole
29 purposes of providing recreational channel marking and public
30 launching facilities and other boating-related activities, for
31 removal of vessels and floating structures deemed a hazard to
119
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 public safety and health for failure to comply with s. 327.53,
2 and for manatee and marine mammal protection and recovery.
3 The commission department shall ascertain, as a guideline in
4 determining the amounts of distributions each county may
5 receive, the number of noncommercial vessels registered in the
6 county during the preceding fiscal year according to the fee
7 schedule provided in subsection (1) and shall promulgate rules
8 to effectuate this. Each fiscal year, prior to determination
9 of distributions to the counties under this section, an amount
10 equal to $1 for each vessel registered in this state shall be
11 transferred to the Save the Manatee Trust Fund for manatee and
12 marine mammal research, protection, and recovery.
13 Section 103. Subsections (6) and (12) of section
14 373.4149, Florida Statutes, are amended to read:
15 373.4149 Miami-Dade County Lake Belt Plan.--
16 (6) The Miami-Dade County Lake Belt Plan
17 Implementation Committee shall be appointed by the governing
18 board of the South Florida Water Management District to
19 develop a strategy for the design and implementation of the
20 Miami-Dade County Lake Belt Plan. The committee shall consist
21 of the chair of the governing board of the South Florida Water
22 Management District, who shall serve as chair of the
23 committee, the policy director of Environmental and Growth
24 Management in the office of the Governor, the secretary of the
25 Department of Environmental Protection, the director of the
26 Division of Water Facilities or its successor division within
27 the Department of Environmental Protection, the director of
28 the Office of Tourism, Trade, and Economic Development within
29 the office of the Governor, the secretary of the Department of
30 Community Affairs, the Executive Director of the Fish and
31 Wildlife Conservation Game and Freshwater Fish Commission, the
120
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 director of the Department of Environmental Resource
2 Management of Miami-Dade County, the director of the
3 Miami-Dade County Water and Sewer Department, the Director of
4 Planning in Miami-Dade County, a representative of the Friends
5 of the Everglades, a representative of the Florida Audubon
6 Society, a representative of the Florida chapter of the Sierra
7 Club, four representatives of the nonmining private landowners
8 within the Miami-Dade County Lake Belt Area, and four
9 representatives from the limestone mining industry to be
10 appointed by the governing board of the South Florida Water
11 Management District. Two ex officio seats on the committee
12 will be filled by one member of the Florida House of
13 Representatives to be selected by the Speaker of the House of
14 Representatives from among representatives whose districts, or
15 some portion of whose districts, are included within the
16 geographical scope of the committee as described in subsection
17 (3), and one member of the Florida Senate to be selected by
18 the President of the Senate from among senators whose
19 districts, or some portion of whose districts, are included
20 within the geographical scope of the committee as described in
21 subsection (3). The committee may appoint other ex officio
22 members, as needed, by a majority vote of all committee
23 members. A committee member may designate in writing an
24 alternate member who, in the member's absence, may participate
25 and vote in committee meetings.
26 (12) The secretary of the Department of Environmental
27 Protection, the secretary of the Department of Community
28 Affairs, the secretary of the Department of Transportation,
29 the Commissioner of Agriculture, the Executive Director of the
30 Fish and Wildlife Conservation Game and Freshwater Fish
31 Commission, and the executive director of the South Florida
121
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Water Management District may enter into agreements with
2 landowners, developers, businesses, industries, individuals,
3 and governmental agencies as necessary to effectuate the
4 provisions of this section.
5 Section 104. Paragraph (b) of subsection (6) of
6 section 373.41492, Florida Statutes, is amended to read:
7 373.41492 Miami-Dade County Lake Belt Mitigation Plan;
8 mitigation for mining activities within the Miami-Dade County
9 Lake Belt.--
10 (6)
11 (b) Expenditures must be approved by an interagency
12 committee consisting of representatives from each of the
13 following: the Miami-Dade County Department of Environmental
14 Resource Management, the Department of Environmental
15 Protection, the South Florida Water Management District, and
16 the Fish and Wildlife Conservation Game and Fresh Water Fish
17 Commission. In addition, the limerock mining industry shall
18 select a representative to serve as a nonvoting member of the
19 interagency committee. At the discretion of the committee,
20 additional members may be added to represent federal
21 regulatory, environmental, and fish and wildlife agencies.
22 Section 105. Subsection (3) of section 403.141,
23 Florida Statutes, is amended to read:
24 403.141 Civil liability; joint and several
25 liability.--
26 (3) In assessing damages for fish killed, the value of
27 the fish is to be determined in accordance with a table of
28 values for individual categories of fish which shall be
29 promulgated by the department. At the time the table is
30 adopted, the department shall utilize tables of values
31 established by the Department of Environmental Protection and
122
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 the Fish and Wildlife Conservation Game and Fresh Water Fish
2 Commission. The total number of fish killed may be estimated
3 by standard practices used in estimating fish population.
4 Section 106. Paragraph (b) of subsection (1) of
5 section 570.235, Florida Statutes, is amended to read:
6 570.235 Pest Exclusion Advisory Committee.--
7 (1) There is created within the department a Pest
8 Exclusion Advisory Committee. The advisory committee shall be
9 composed of 24 members.
10 (b) In addition, the committee shall be composed of
11 the following 7 members:
12 1. Two members representing and appointed by the
13 Animal and Plant Health Inspection Service, United States
14 Department of Agriculture.
15 2. One member representing and appointed by the
16 Florida Department of Health.
17 3. One member representing and appointed by the
18 Florida Department of Environmental Protection.
19 4. One member representing and appointed by the Fish
20 and Wildlife Conservation Florida Game and Fresh Water Fish
21 Commission.
22 5. One member appointed by the Speaker of the House of
23 Representatives.
24 6. One member appointed by the President of the
25 Senate.
26 Section 107. Paragraph (e) of subsection (7) of
27 section 590.02, Florida Statutes, is amended to read:
28 590.02 Division powers, authority, and duties;
29 liability; building structures; Florida Center for Wildfire
30 and Forest Resources Management Training.--
31
123
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 (7) The division may organize, staff, equip, and
2 operate the Florida Center for Wildfire and Forest Resources
3 Management Training. The center shall serve as a site where
4 fire and forest resource managers can obtain current
5 knowledge, techniques, skills, and theory as they relate to
6 their respective disciplines.
7 (e) An advisory committee consisting of the following
8 individuals or their designees must review program curriculum,
9 course content, and scheduling: the Director of the Florida
10 Division of Forestry; the Assistant Director of the Florida
11 Division of Forestry; the Director of the School of Forest
12 Resources and Conservation of the University of Florida; the
13 Director of the Division of Recreation and Parks of the
14 Department of Environmental Protection; the Director of the
15 Division of the State Fire Marshal; the Director of the
16 Florida Chapter of The Nature Conservancy; the Executive Vice
17 President of the Florida Forestry Association; the President
18 of the Florida Farm Bureau Federation; the Executive Director
19 of the Fish and Wildlife Conservation Florida Game and Fresh
20 Water Fish Commission; the Executive Director of a Water
21 Management District as appointed by the Commissioner of
22 Agriculture; the Supervisor of the National Forests in
23 Florida; the President of the Florida Fire Chief's
24 Association; and the Executive Director of the Tall Timbers
25 Research Station.
26 Section 108. Paragraph (b) of subsection (5) of
27 section 597.004, Florida Statutes, is amended to read:
28 597.004 Aquaculture certificate of registration.--
29 (5) SALE OF AQUACULTURE PRODUCTS.--
30 (b) Aquaculture shellfish must be sold and handled in
31 accordance with shellfish handling regulations of the
124
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Department of Agriculture and Consumer Services Environmental
2 Protection established to protect public health.
3 Section 109. Paragraph (kk) of subsection (7) of
4 section 212.08, Florida Statutes, is amended to read:
5 212.08 Sales, rental, use, consumption, distribution,
6 and storage tax; specified exemptions.--The sale at retail,
7 the rental, the use, the consumption, the distribution, and
8 the storage to be used or consumed in this state of the
9 following are hereby specifically exempt from the tax imposed
10 by this chapter.
11 (7) MISCELLANEOUS EXEMPTIONS.--
12 (kk) Citizen support organizations.--Beginning July 1,
13 1996, nonprofit organizations that are incorporated under
14 chapter 617 or hold a current exemption from federal corporate
15 income tax under s. 501(c)(3) of the Internal Revenue Code, as
16 amended, and that have been designated citizen support
17 organizations in support of state-funded environmental
18 programs or the management of state-owned lands in accordance
19 with s. 20.2551 370.0205, or to support one or more state
20 parks in accordance with s. 258.015 are exempt from the tax
21 imposed by this chapter.
22 Section 110. Paragraph (b) of subsection (4) of
23 section 323.001, Florida Statutes, is amended to read:
24 323.001 Wrecker operator storage facilities; vehicle
25 holds.--
26 (4) The requirements for a written hold apply when the
27 following conditions are present:
28 (b) The officer has probable cause to believe the
29 vehicle should be seized and forfeited under s. 370.442
30 372.312;
31
125
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 Section 111. Subsection (3) of section 705.101,
2 Florida Statutes, is amended to read:
3 705.101 Definitions.--As used in this chapter:
4 (3) "Abandoned property" means all tangible personal
5 property which does not have an identifiable owner and which
6 has been disposed on public property in a wrecked,
7 inoperative, or partially dismantled condition or which has no
8 apparent intrinsic value to the rightful owner. However,
9 vessels determined to be derelict by the Fish and Wildlife
10 Conservation Commission Department of Environmental Protection
11 or a county or municipality in accordance with the provisions
12 of s. 823.11 shall not be included in this definition.
13 Section 112. Subsections (2) and (4) of section
14 705.103, Florida Statutes, are amended to read:
15 705.103 Procedure for abandoned or lost property.--
16 (2) Whenever a law enforcement officer ascertains that
17 an article of lost or abandoned property is present on public
18 property and is of such nature that it cannot be easily
19 removed, the officer shall cause a notice to be placed upon
20 such article in substantially the following form:
21
22 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
23 PROPERTY. This property, to wit: ...(setting forth brief
24 description)... is unlawfully upon public property known as
25 ...(setting forth brief description of location)... and must
26 be removed within 5 days; otherwise, it will be removed and
27 disposed of pursuant to chapter 705, Florida Statutes. The
28 owner will be liable for the costs of removal, storage, and
29 publication of notice. Dated this: ...(setting forth the date
30 of posting of notice)..., signed: ...(setting forth name,
31
126
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 title, address, and telephone number of law enforcement
2 officer)....
3
4 Such notice shall be not less than 8 inches by 10 inches and
5 shall be sufficiently weatherproof to withstand normal
6 exposure to the elements. In addition to posting, the law
7 enforcement officer shall make a reasonable effort to
8 ascertain the name and address of the owner. If such is
9 reasonably available to the officer, she or he shall mail a
10 copy of such notice to the owner on or before the date of
11 posting. If the property is a motor vehicle as defined in s.
12 320.01(1) or a vessel as defined in s. 327.02, the law
13 enforcement agency shall contact the Department of Highway
14 Safety and Motor Vehicles or the Department of Environmental
15 Protection, respectively, in order to determine the name and
16 address of the owner and any person who has filed a lien on
17 the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
18 328.15(1). On receipt of this information, the law enforcement
19 agency shall mail a copy of the notice by certified mail,
20 return receipt requested, to the owner and to the lienholder,
21 if any. If, at the end of 5 days after posting the notice and
22 mailing such notice, if required, the owner or any person
23 interested in the lost or abandoned article or articles
24 described has not removed the article or articles from public
25 property or shown reasonable cause for failure to do so, the
26 following shall apply:
27 (a) For abandoned property, the law enforcement agency
28 may retain any or all of the property for its own use or for
29 use by the state or unit of local government, trade such
30 property to another unit of local government or state agency,
31
127
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 donate the property to a charitable organization, sell the
2 property, or notify the appropriate refuse removal service.
3 (b) For lost property, the officer shall take custody
4 and the agency shall retain custody of the property for 90
5 days. The agency shall publish notice of the intended
6 disposition of the property, as provided in this section,
7 during the first 45 days of this time period.
8 1. If the agency elects to retain the property for use
9 by the unit of government, donate the property to a charitable
10 organization, surrender such property to the finder, sell the
11 property, or trade the property to another unit of local
12 government or state agency, notice of such election shall be
13 given by an advertisement published once a week for 2
14 consecutive weeks in a newspaper of general circulation in the
15 county where the property was found if the value of the
16 property is more than $100. If the value of the property is
17 $100 or less, notice shall be given by posting a description
18 of the property at the law enforcement agency where the
19 property was turned in. The notice must be posted for not less
20 than 2 consecutive weeks in a public place designated by the
21 law enforcement agency. The notice must describe the property
22 in a manner reasonably adequate to permit the rightful owner
23 of the property to claim it.
24 2. If the agency elects to sell the property, it must
25 do so at public sale by competitive bidding. Notice of the
26 time and place of the sale shall be given by an advertisement
27 of the sale published once a week for 2 consecutive weeks in a
28 newspaper of general circulation in the county where the sale
29 is to be held. The notice shall include a statement that the
30 sale shall be subject to any and all liens. The sale must be
31 held at the nearest suitable place to that where the lost or
128
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 abandoned property is held or stored. The advertisement must
2 include a description of the goods and the time and place of
3 the sale. The sale may take place no earlier than 10 days
4 after the final publication. If there is no newspaper of
5 general circulation in the county where the sale is to be
6 held, the advertisement shall be posted at the door of the
7 courthouse and at three other public places in the county at
8 least 10 days prior to sale. Notice of the agency's intended
9 disposition shall describe the property in a manner reasonably
10 adequate to permit the rightful owner of the property to
11 identify it.
12 (4) The owner of any abandoned or lost property who,
13 after notice as provided in this section, does not remove such
14 property within the specified period shall be liable to the
15 law enforcement agency for all costs of removal, storage, and
16 destruction of such property, less any salvage value obtained
17 by disposal of the property. Upon final disposition of the
18 property, the law enforcement officer shall notify the owner,
19 if known, of the amount owed. In the case of an abandoned boat
20 or motor vehicle, any person who neglects or refuses to pay
21 such amount is not entitled to be issued a certificate of
22 registration for such boat or motor vehicle, or any other boat
23 or motor vehicle, until such costs have been paid. The law
24 enforcement officer shall supply the Department of Highway
25 Safety and Motor Vehicles Environmental Protection with a list
26 of persons whose boat registration privileges have been
27 revoked under this subsection or and the Department of Motor
28 Vehicles with a list of persons whose motor vehicle privileges
29 have been revoked under this subsection. Neither the
30 department nor any other person acting as agent thereof shall
31 issue a certificate of registration to a person whose boat or
129
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 motor vehicle registration privileges have been revoked, as
2 provided by this subsection, until such costs have been paid.
3 Section 113. Paragraph (f) of subsection (2) of
4 section 810.09, Florida Statutes, is amended to read:
5 810.09 Trespass on property other than structure or
6 conveyance.--
7 (2)
8 (f) Any person who in taking or attempting to take any
9 animal described in s. 372.001(5) or (6) (3) or (4), or in
10 killing, attempting to kill, or endangering any animal
11 described in s. 585.01(13) knowingly propels or causes to be
12 propelled any potentially lethal projectile over or across
13 private land without authorization commits trespass, a felony
14 of the third degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084. For purposes of this paragraph, the
16 term "potentially lethal projectile" includes any projectile
17 launched from any firearm, bow, crossbow, or similar tensile
18 device. This section shall not apply to any governmental
19 agent or employee acting within the scope of his or her
20 official duties.
21 Section 114. Subsection (1) of section 832.06, Florida
22 Statutes, is amended to read:
23 832.06 Prosecution for worthless checks given tax
24 collector for licenses or taxes; refunds.--
25 (1) Whenever any person, firm, or corporation violates
26 the provisions of s. 832.05 by drawing, making, uttering,
27 issuing, or delivering to any county tax collector any check,
28 draft, or other written order on any bank or depository for
29 the payment of money or its equivalent for any tag, title,
30 lien, tax (except ad valorem taxes), penalty, or fee relative
31 to a boat, airplane, motor vehicle, driver license, or
130
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 identification card; any occupational license, beverage
2 license, or sales or use tax; or any hunting or fishing
3 license, the county tax collector, after the exercise of due
4 diligence to locate the person, firm, or corporation which
5 drew, made, uttered, issued, or delivered the check, draft, or
6 other written order for the payment of money, or to collect
7 the same by the exercise of due diligence and prudence, shall
8 swear out a complaint in the proper court against the person,
9 firm, or corporation for the issuance of the worthless check
10 or draft. If the state attorney cannot sign the information
11 due to lack of proof, as determined by the state attorney in
12 good faith, for a prima facie case in court, he or she shall
13 issue a certificate so stating to the tax collector. If
14 payment of the dishonored check, draft, or other written
15 order, together with court costs expended, is not received in
16 full by the county tax collector within 30 days after service
17 of the warrant, 30 days after conviction, or 60 days after the
18 collector swears out the complaint or receives the certificate
19 of the state attorney, whichever is first, the county tax
20 collector shall make a written report to this effect to the
21 Department of Highway Safety and Motor Vehicles relative to
22 motor vehicles and vessels, to the Department of Revenue
23 relative to occupational licenses and the sales and use tax,
24 to the Division of Alcoholic Beverages and Tobacco of the
25 Department of Business and Professional Regulation relative to
26 beverage licenses, or to the Fish and Wildlife Conservation
27 Game and Fresh Water Fish Commission relative to hunting and
28 fishing licenses, containing a statement of the amount
29 remaining unpaid on the worthless check or draft. If the
30 information is not signed, the certificate of the state
31 attorney is issued, and the written report of the amount
131
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 remaining unpaid is made, the county tax collector may request
2 the sum be forthwith refunded by the appropriate governmental
3 entity, agency, or department. If a warrant has been issued
4 and served, he or she shall certify to that effect, together
5 with the court costs and amount remaining unpaid on the check.
6 The county tax collector may request that the sum of money
7 certified by him or her be forthwith refunded by the
8 Department of Highway Safety and Motor Vehicles, the
9 Department of Revenue, the Division of Alcoholic Beverages and
10 Tobacco of the Department of Business and Professional
11 Regulation, or the Fish and Wildlife Conservation Game and
12 Fresh Water Fish Commission to the county tax collector.
13 Within 30 days after receipt of the request, the Department of
14 Highway Safety and Motor Vehicles, the Department of Revenue,
15 the Division of Alcoholic Beverages and Tobacco of the
16 Department of Business and Professional Regulation, or the
17 Fish and Wildlife Conservation Game and Fresh Water Fish
18 Commission, upon being satisfied as to the correctness of the
19 certificate of the tax collector, or the report, shall refund
20 to the county tax collector the sums of money so certified or
21 reported. If any officer of any court issuing the warrant is
22 unable to serve it within 60 days after the issuance and
23 delivery of it to the officer for service, the officer shall
24 make a written return to the county tax collector to this
25 effect. Thereafter, the county tax collector may certify that
26 the warrant has been issued and that service has not been had
27 upon the defendant and further certify the amount of the
28 worthless check or draft and the amount of court costs
29 expended by the county tax collector, and the county tax
30 collector may file the certificate with the Department of
31 Highway Safety and Motor Vehicles relative to motor vehicles
132
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 and vessels, with the Department of Revenue relative to
2 occupational licenses and the sales and use tax, with the
3 Division of Alcoholic Beverages and Tobacco of the Department
4 of Business and Professional Regulation relative to beverage
5 licenses, or with the Fish and Wildlife Conservation Game and
6 Fresh Water Fish Commission relative to hunting and fishing
7 licenses, together with a request that the sums of money so
8 certified be forthwith refunded by the Department of Highway
9 Safety and Motor Vehicles, the Department of Revenue, the
10 Division of Alcoholic Beverages and Tobacco of the Department
11 of Business and Professional Regulation, or the Fish and
12 Wildlife Conservation Game and Fresh Water Fish Commission to
13 the county tax collector, and within 30 days after receipt of
14 the request, the Department of Highway Safety and Motor
15 Vehicles, the Department of Revenue, the Division of Alcoholic
16 Beverages and Tobacco of the Department of Business and
17 Professional Regulation, or the Fish and Wildlife Conservation
18 Game and Fresh Water Fish Commission, upon being satisfied as
19 to the correctness of the certificate, shall refund the sums
20 of money so certified to the county tax collector.
21 Section 115. Paragraph (e) of subsection (5) of
22 section 932.7055, Florida Statutes, is amended to read:
23 932.7055 Disposition of liens and forfeited
24 property.--
25 (5) If the seizing agency is a state agency, all
26 remaining proceeds shall be deposited into the General Revenue
27 Fund. However, if the seizing agency is:
28 (e) The Fish and Wildlife Conservation Commission, the
29 proceeds accrued pursuant to the provisions of the Florida
30 Contraband Forfeiture Act shall be deposited into the State
31 Game Trust Fund as provided in ss. 372.73, 372.9901, and
133
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1071
195-834C-00
1 370.731 372.9904, into the Marine Resources Conservation Trust
2 Fund as provided in s. 370.061, or into the commission's
3 Federal Law Enforcement Trust Fund as provided in s. 372.107,
4 as applicable.
5 Section 116. Sections 370.013, 370.017, 370.032,
6 370.033, 370.034, 370.036, 370.037, 370.038, 370.0606,
7 370.0805, 372.04, 372.061, 373.197, 403.261, and subsection
8 (12) of section 370.14, Florida Statutes, are repealed.
9 Section 117. This act shall take effect upon becoming
10 a law.
11
12 *****************************************
13 HOUSE SUMMARY
14
Amends, transfers, and revises provisions of law relating
15 to wildlife and freshwater fish to reorganize the
statutes to provide for the authority of the Fish and
16 Wildlife Conservation Commission. See bill for details.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
134