House Bill 1071

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    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

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  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

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  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

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  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

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  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

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  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.,

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  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

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  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

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  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,

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  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:

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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.

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  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

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  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

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  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

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  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.

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  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,

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  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

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  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.

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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.--

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  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

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  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

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  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

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  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.

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  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

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  1         (d)  A combination fishing and hunting license for a

  2  resident to take freshwater fish and game in this state is

  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

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  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

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  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

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  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

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  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.

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  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

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  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

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  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

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  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:

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  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

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  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

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  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.

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  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.

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  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:

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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.

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  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

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  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

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  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

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  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;

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  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

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  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

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  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:

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  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.

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  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.

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  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

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  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

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  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

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  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,

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  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

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  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

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  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

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  1  5-year license, or when otherwise required by the license or

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

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

  4  date of issuance, and other pertinent information as deemed

  5  necessary by the commission.  A certified copy of the

  6  applicant's birth certificate shall accompany all applications

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

  8  younger. Each applicant for a license, permit, or

  9  authorization shall provide the applicant's social security

10  number on the application form. Disclosure of social security

11  numbers obtained through this requirement shall be limited to

12  the purpose of administration of the Title IV-D child support

13  enforcement program and use by the commission, and as

14  otherwise provided by law.

15         (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

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  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.

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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.

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  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

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  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

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  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

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  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:

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  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,

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  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

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  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

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  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.

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  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

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  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

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  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.

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  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

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  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:

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  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

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  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

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  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

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  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

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  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.

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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