House Bill 2225

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    Florida House of Representatives - 2000                HB 2225

        By the Committee on Water & Resource Management and
    Representatives Alexander, Brummer, Merchant, Cantens, Kelly,
    Waters, Betancourt, Lee and Boyd




  1                      A bill to be entitled

  2         An act relating to responsibilities of the Fish

  3         and Wildlife Conservation Commission; amending

  4         s. 327.02, F.S.; revising definitions; amending

  5         s. 327.22, F.S., relating to the regulation of

  6         vessels by municipalities or counties; creating

  7         s. 327.302, F.S.; providing for boating

  8         accident report forms; amending s. 327.32,

  9         F.S., relating to limitations of liability for

10         negligent operation of a vessel; revising the

11         standards of care; amending s. 327.33, F.S.;

12         revising provisions relating to reckless or

13         careless operation of a vessel; providing

14         penalties; renumbering and amending s. 861.065,

15         F.S.; revising divers-down flag requirements;

16         revising requirements for operation of vessels

17         in the vicinity of a divers-down flag;

18         providing penalties; amending s. 327.35, F.S.,

19         relating to boating under the influence (BUI);

20         revising blood and breath alcohol levels;

21         revising penalties; revising circumstances for

22         consideration of previous violations; providing

23         exemptions; amending s. 327.355, F.S., relating

24         to operation of vessels by persons under 21

25         years of age who have consumed alcoholic

26         beverages; amending s. 327.36, F.S., relating

27         to mandatory adjudication of certain offenses;

28         amending s. 327.37, F.S.; requiring persons

29         engaging in water skiing, parasailing, or

30         aquaplaning to wear a noninflatable flotation

31         device; amending s. 327.39, F.S., relating to

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  1         the regulation of personal watercraft;

  2         requiring the use of noninflatable flotation

  3         devices; prohibiting the lease, hiring, or

  4         rental of personal watercraft under certain

  5         circumstances; providing a penalty; providing

  6         commission rulemaking authority; amending s.

  7         327.395, F.S., relating to boating safety

  8         identification cards; requiring that certain

  9         boater education or boater safety courses

10         include a component relating to divers;

11         amending s. 327.40, F.S.; clarifying

12         requirements for uniform waterway markers for

13         safety and navigation; providing permit

14         exemptions; providing commission rulemaking

15         authority; amending s. 327.41, F.S.; clarifying

16         requirements for uniform waterway regulatory

17         markers; amending s. 327.46, F.S.; clarifying

18         rulemaking authority for the commission to

19         establish restricted areas for public safety

20         purposes; creating s. 327.49, F.S.; providing

21         for the testing of vessels and vessel motors;

22         amending s. 327.54, F.S., relating to liveries;

23         revising requirements for preride or prerental

24         instruction; revising age requirements for the

25         lease, hire, or rental of personal watercraft;

26         requiring liveries to carry liability

27         insurance; providing a penalty; amending s.

28         327.60, F.S.; prohibiting local regulations

29         from discriminating against personal

30         watercraft; amending s. 327.72, F.S.;

31         increasing time for payment of civil penalties;

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  1         amending s. 327.73, F.S., relating to

  2         noncriminal infractions; reenacting s.

  3         327.73(1)(p) for the purpose of incorporating

  4         the amendment to s. 327.39, F.S.; providing

  5         additional time for payment of civil penalties;

  6         providing additional penalties; providing for

  7         additional court costs in certain

  8         circumstances; authorizing public works or

  9         community service in certain circumstances;

10         amending s. 327.731, F.S., relating to

11         mandatory education for violators; correcting a

12         cross reference; amending s. 327.803, F.S.;

13         providing for an increase in membership of the

14         Boating Advisory Council; modifying purpose;

15         amending s. 328.48, F.S.; clarifying vessel

16         registration requirements; amending s. 328.56,

17         F.S.; clarifying vessel registration number

18         requirements; amending s. 328.70, F.S.;

19         providing requirements for classification of

20         recreational vessels and livery vessels;

21         amending s. 328.72, F.S.; providing

22         requirements for display of antique vessel

23         registration numbers and decals; amending s.

24         328.76, F.S.; clarifying vessel registration

25         fees used for aquatic weed research and

26         control; amending s. 370.06, F.S., relating to

27         saltwater products license requirements;

28         clarifying disability exemptions; amending s.

29         370.0605, F.S.; revising saltwater fishing

30         licenses and providing fees; clarifying

31         disability exemptions; authorizing the

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  1         commission to designate free saltwater fishing

  2         days by rule; amending s. 370.12, F.S.;

  3         deleting obsolete language relating to marine

  4         animal programs; creating ss. 370.45 and

  5         370.46, F.S.; providing for freshwater fishing

  6         licenses and permits; providing for fees and

  7         disposition thereof; providing for disability

  8         exemptions; amending s. 372.561, F.S., relating

  9         to licenses to take wild animal life;

10         clarifying disability exemption requirements;

11         amending s. 372.57, F.S.; revising provisions

12         relating to the taking of fish and wildlife to

13         conform to the act; amending ss. 372.571,

14         372.5712, 372.5715, 372.573, and 372.65, F.S.;

15         correcting cross references; amending s.

16         372.66, F.S., relating to licenses for fur and

17         hide dealers; eliminating certain licenses and

18         fees; amending ss. 372.661 and 372.83, F.S.;

19         correcting a reference and cross references;

20         amending s. 316.193, F.S., relating to driving

21         under the influence; revising circumstances for

22         consideration of previous violations; amending

23         s. 316.635, F.S.; providing for jurisdiction

24         over boating infractions committed by minors;

25         amending ss. 318.32 and 318.38, F.S.; providing

26         for disposition of boating infractions by the

27         court hearing traffic infractions; amending s.

28         320.08, F.S.; correcting cross references;

29         amending s. 713.78, F.S.; defining "vessel" for

30         purposes of provisions relating to liens for

31         recovering, towing, or storing vehicles and

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  1         documented vessels; amending s. 715.07, F.S.;

  2         correcting a cross reference; amending s.

  3         938.17, F.S., relating to county delinquency

  4         prevention; providing for the assessment of

  5         additional court costs for certain criminal

  6         boating offenses; amending s. 947.146, F.S.;

  7         providing authority for control release of

  8         certain BUI offenders; amending s. 985.05, F.S;

  9         providing for disposition of certain court

10         records pertaining to boating offenses;

11         amending s. 985.212, F.S.; providing that

12         fingerprinting children for boating violations

13         is not prohibited; providing effective dates.

14

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

16

17         Section 1.  Section 327.02, Florida Statutes, is

18  amended to read:

19         327.02  Definitions of terms used in this chapter and

20  in chapter 328.--As used in this chapter and in chapter 328,

21  unless the context clearly requires a different meaning, the

22  term:

23         (1)  "Alien" means a person who is not a citizen of the

24  United States.

25         (2)  "Boating accident" means a collision, accident, or

26  casualty involving a vessel in or upon, or entering into or

27  exiting from, the water, including capsizing, collision with

28  another vessel or object, sinking, personal injury, death,

29  disappearance of any person from on board under circumstances

30  which indicate the possibility of death or injury, or property

31  damage to any vessel or dock.

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  1         (3)  "Canoe" means a light, narrow vessel with curved

  2  sides and with both ends pointed. A canoe-like vessel with a

  3  transom may not be excluded from the definition of a canoe if

  4  the width of its transom is less than 45 percent of the width

  5  of its beam or it has been designated as a canoe by the United

  6  States Coast Guard.

  7         (4)  "Commercial vessel" means:

  8         (a)  Any vessel primarily engaged in the taking or

  9  landing of saltwater fish or saltwater products or freshwater

10  fish or freshwater products, or any vessel licensed pursuant

11  to s. 370.06 from which commercial quantities of saltwater

12  products are harvested, from within and without the waters of

13  this state for sale either to the consumer, retail dealer, or

14  wholesale dealer.

15         (b)  Any other vessel, except a recreational vessel as

16  defined in this section engaged in any activity wherein a fee

17  is paid by the user, either directly or indirectly, to the

18  owner, operator, or custodian of the vessel.

19         (5)  "Commission" means the Fish and Wildlife

20  Conservation Commission.

21         (6)  "Dealer" means any person authorized by the

22  Department of Revenue to buy, sell, resell, or otherwise

23  distribute vessels. Such person shall have a valid sales tax

24  certificate of registration issued by the Department of

25  Revenue and a valid commercial or occupational license

26  required by any county, municipality, or political subdivision

27  of the state in which the person operates.

28         (7)  "Division" means the Division of Law Enforcement

29  of the Fish and Wildlife Conservation Commission.

30

31

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  1         (8)  "Documented vessel" means a vessel for which a

  2  valid certificate of documentation is outstanding pursuant to

  3  46 C.F.R. part 67.

  4         (9)  "Floating structure" means a floating entity, with

  5  or without accommodations built thereon, which is not

  6  primarily used as a means of transportation on water but which

  7  serves purposes or provides services typically associated with

  8  a structure or other improvement to real property. The term

  9  "floating structure" includes, but is not limited to, each

10  entity used as a residence, place of business or office with

11  public access, hotel or motel, restaurant or lounge,

12  clubhouse, meeting facility, storage or parking facility,

13  mining platform, dredge, dragline, or similar facility or

14  entity represented as such. Floating structures are expressly

15  excluded from the definition of the term "vessel" provided in

16  this section. Incidental movement upon water or resting

17  partially or entirely on the bottom shall not, in and of

18  itself, preclude an entity from classification as a floating

19  structure.

20         (10)  "Florida Intracoastal Waterway" means the

21  Atlantic Intracoastal Waterway, the Georgia state line north

22  of Fernandina to Miami; the Port Canaveral lock and canal to

23  the Atlantic Intracoastal Waterway; the Atlantic Intracoastal

24  Waterway, Miami to Key West; the Okeechobee Waterway, Stuart

25  to Fort Myers; the St. Johns River, Jacksonville to Sanford;

26  the Gulf Intracoastal Waterway, Anclote to Fort Myers; the

27  Gulf Intracoastal Waterway, Carrabelle to Tampa Bay;

28  Carrabelle to Anclote open bay section (using Gulf of Mexico);

29  the Gulf Intracoastal Waterway, Carrabelle to the Alabama

30  state line west of Pensacola; and the Apalachicola,

31  Chattahoochee, and Flint Rivers in Florida.

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  1         (11)  "Homemade vessel" means any vessel built after

  2  October 31, 1972, for which a federal hull identification

  3  number is not required to be assigned by the manufacturer

  4  pursuant to federal law, or any vessel constructed or

  5  assembled prior to November 1, 1972, by other than a licensed

  6  manufacturer for his or her own use or the use of a specific

  7  person. A vessel assembled from a manufacturer's kit or

  8  constructed from an unfinished manufactured hull shall be

  9  considered to be a homemade vessel if such a vessel is not

10  required to have a hull identification number assigned by the

11  United States Coast Guard. A rebuilt or reconstructed vessel

12  shall in no event be construed to be a homemade vessel.

13         (12)  "Houseboat" means any vessel which is used

14  primarily as a residence for a minimum of 21 days during any

15  30-day period, in a county of this state, and this residential

16  use of the vessel is to the preclusion of the use of the

17  vessel as a means of transportation.

18         (13)  "Length" means the measurement from end to end

19  over the deck parallel to the centerline excluding sheer.

20         (14)  "Lien" means a security interest which is

21  reserved or created by a written agreement recorded with the

22  department which secures payment or performance of an

23  obligation and is generally valid against third parties.

24         (15)  "Lienholder" means a person holding a security

25  interest in a vessel, which interest is recorded with the

26  department.

27         (16)  "Live-aboard vessel" means:

28         (a)  Any vessel used solely as a residence; or

29         (b)  Any vessel represented as a place of business, a

30  professional or other commercial enterprise, or a legal

31  residence.

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  1

  2  A commercial fishing boat is expressly excluded from the term

  3  "live-aboard vessel."

  4         (17)  "Livery vessel" means any vessel leased, rented,

  5  or chartered to another for consideration.

  6         (18)(17)  "Manufactured vessel" means any vessel built

  7  after October 31, 1972, for which a federal hull

  8  identification number is required pursuant to federal law, or

  9  any vessel constructed or assembled prior to November 1, 1972,

10  by a duly licensed manufacturer.

11         (19)(18)  "Marina" means a licensed commercial facility

12  which provides secured public moorings or dry storage for

13  vessels on a leased basis. A commercial establishment

14  authorized by a licensed vessel manufacturer as a dealership

15  shall be considered a marina for nonjudicial sale purposes.

16         (20)(19)  "Marine sanitation device" means any

17  equipment other than a toilet, for installation on board a

18  vessel, which is designed to receive, retain, treat, or

19  discharge sewage, and any process to treat such sewage. Marine

20  sanitation device Types I, II, and III shall be defined as

21  provided in 33 C.F.R. part 159.

22         (21)  "Marker" means any channel mark or other aid to

23  navigation, information or regulatory mark, isolated danger

24  mark, safe water mark, special mark, inland waters obstruction

25  mark, or mooring buoy in, on, or over the waters of the state

26  or the shores thereof, and includes, but is not limited to, a

27  sign, beacon, buoy, or light.

28         (22)(20)  "Motorboat" means any vessel equipped with

29  machinery for propulsion, irrespective of whether the

30  propulsion machinery is in actual operation which is propelled

31

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  1  or powered by machinery and which is used or capable of being

  2  used as a means of transportation on water.

  3         (23)(21)  "Navigation rules" means the International

  4  Navigational Rules Act of 1977, 33 U.S.C. appendix following

  5  s. 1602, as amended, including the annexes thereto in effect

  6  on June 1, 1983, for vessels on waters outside of established

  7  navigational lines of demarcation as specified in 33 C.F.R.

  8  part 80 or the Inland Navigational Rules Act of 1980, 33

  9  U.S.C. s. 2001 et seq., as amended, including the annexes

10  thereto in effect on December 24, 1981, for vessels on all

11  waters not outside of such lines of demarcation.

12         (22)  "Noncommercial vessel" means any vessel other

13  than a commercial vessel as defined in this section.

14         (24)(23)  "Nonresident" means a citizen of the United

15  States who has not established residence in this state and has

16  not continuously resided in this state for 1 year and in one

17  county for the 6 months immediately preceding the initiation

18  of a vessel titling or registration action.

19         (25)(24)  "Operate" means to be in charge of or in

20  command of or in actual physical control of a vessel upon the

21  waters of this state, or to exercise control over or to have

22  responsibility for a vessel's navigation or safety while the

23  vessel is underway upon the waters of this state, or to

24  control or steer a vessel being towed by another vessel upon

25  the waters of the state; provided, however, that this

26  definition shall not apply to a person on a vessel that is

27  docked or otherwise made fast to the shore and shall not apply

28  to a vessel owner or operator who designates a driver pursuant

29  to s. 327.35.

30         (26)(25)  "Owner" means a person, other than a

31  lienholder, having the property in or title to a vessel. The

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  1  term includes a person entitled to the use or possession of a

  2  vessel subject to an interest in another person, reserved or

  3  created by agreement and securing payment of performance of an

  4  obligation, but the term excludes a lessee under a lease not

  5  intended as security.

  6         (27)(26)  "Person" means an individual, partnership,

  7  firm, corporation, association, or other entity.

  8         (28)(27)  "Personal watercraft" means a small class A-1

  9  or A-2 vessel less than 16 feet in length which uses an

10  outboard motor, or an inboard motor powering a water jet pump,

11  as its primary source of motive power and which is designed to

12  be operated by a person sitting, standing, or kneeling on, or

13  being towed behind the vessel, rather than in the conventional

14  manner of sitting or standing inside the vessel.

15         (29)(28)  "Portable toilet" means a device consisting

16  of a lid, seat, containment vessel, and support structure that

17  is specifically designed to receive, retain, and discharge

18  human waste and that is capable of being removed from a vessel

19  by hand.

20         (30)(29)  "Prohibited activity" means such activity as

21  will impede or disturb navigation or creates a safety hazard

22  on waterways of this state.

23         (31)(30)  "Racing shell," "rowing scull," or "racing

24  kayak" means a manually propelled vessel which is recognized

25  by national or international racing associations for use in

26  competitive racing and in which all occupants, with the

27  exception of a coxswain, if one is provided, row, scull, or

28  paddle and which is not designed to carry and does not carry

29  any equipment not solely for competitive racing.

30         (32)  "Recreational vessel" means any vessel:

31

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  1         (a)  Manufactured and used primarily for noncommercial

  2  purposes; or

  3         (b)  Leased, rented, or chartered to a person for the

  4  person's noncommercial use.

  5         (33)(31)  "Registration" means a state operating

  6  license on a vessel which is issued with an identifying

  7  number, an annual certificate of registration, and a decal

  8  designating the year for which a registration fee is paid.

  9         (32)  "Regulatory marker" means any anchored or fixed

10  marker in, on, or over the water, or anchored platform on the

11  surface of the water, other than a marker provided in s.

12  327.40, and includes, but is not limited to, a bathing beach

13  marker, speed zone marker, information marker, restricted zone

14  marker, congested area marker, or warning marker.

15         (34)(33)  "Resident" means a citizen of the United

16  States who has established residence in this state and has

17  continuously resided in this state for 1 year and in one

18  county for the 6 months immediately preceding the initiation

19  of a vessel titling or registration action.

20         (35)(34)  "Sailboat" means any vessel whose sole source

21  of propulsion is the wind natural element (i.e., wind).

22         (36)(35)  "Unclaimed vessel" means any undocumented

23  vessel, including its machinery, rigging, and accessories,

24  which is in the physical possession of any marina, garage, or

25  repair shop for repairs, improvements, or other work with the

26  knowledge of the vessel owner and for which the costs of such

27  services have been unpaid for a period in excess of 90 days

28  from the date written notice of the completed work is given by

29  the marina, garage, or repair shop to the vessel owner.

30         (37)(36)  "Vessel" is synonymous with boat as

31  referenced in s. 1(b), Art. VII of the State Constitution and

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  1  includes every description of watercraft, barge, and air boat,

  2  other than a seaplane on the water, used or capable of being

  3  used as a means of transportation on water.

  4         (38)(37)  "Waters of this state" means any navigable

  5  waters of the United States within the territorial limits of

  6  this state, and the marginal sea adjacent to this state and

  7  the high seas when navigated as a part of a journey or ride to

  8  or from the shore of this state, and all the inland lakes,

  9  rivers, and canals under the jurisdiction of this state.

10         Section 2.  Subsection (1) of section 327.22, Florida

11  Statutes, is amended to read:

12         327.22  Regulation of vessels by municipalities or

13  counties.--

14         (1)  Nothing in this chapter shall be construed to

15  prohibit any municipality or county that expends money for the

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

17  waters, and for other boating-related activities in such

18  municipality or county, from regulating vessels resident in

19  such municipality or county. Any county or municipality may

20  adopt ordinances which provide for enforcement of noncriminal

21  violations of restricted areas s. 327.33 relating to the

22  careless operation of a vessel which results in the

23  endangering or damaging of property, by citation mailed to

24  registered owner of the vessel. Any such ordinance shall apply

25  only in legally established designated restricted areas which

26  are properly marked as permitted pursuant to ss. 327.40 and

27  327.41 and in need of shoreline protection.  Any county and

28  the municipalities located within the county may jointly

29  regulate vessels.

30         Section 3.  Section 327.302, Florida Statutes, is

31  created to read:

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  1         327.302  Accident report forms.--

  2         (1)  The commission shall prepare and, upon request,

  3  supply to police departments, sheriffs, and other appropriate

  4  agencies or individuals forms for accident reports as required

  5  in this chapter, suitable with respect to the persons required

  6  to make such reports and the purposes to be served. The forms

  7  must call for sufficiently detailed information to disclose,

  8  with reference to a boating accident, the cause and conditions

  9  existing at the time of the accident and the persons and

10  vessels involved. Accident report forms may call for the

11  policy numbers of liability insurance and the names of

12  carriers covering any vessel involved in an accident required

13  to be reported under this chapter.

14         (2)  Every accident report required to be made in

15  writing must be made on the appropriate form approved by the

16  commission and must contain all the information required

17  therein unless not available. Notwithstanding any other

18  provisions of this section, an accident report produced

19  electronically by a law enforcement officer must, at a

20  minimum, contain the same information as is required on those

21  forms approved by the commission.

22         Section 4.  Section 327.32, Florida Statutes, is

23  amended to read:

24         327.32  Vessel declared dangerous instrumentality;

25  civil liability.--All vessels, of whatever classification,

26  shall be considered dangerous instrumentalities in this state,

27  and any operator of a vessel shall, during any utilization of

28  the vessel, exercise the highest degree of care, caution, and

29  circumspection ordinarily exercised by a cautious and prudent

30  mariner under similar circumstances in order to prevent

31  injuries to others.  Limitation of liability for negligent

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  1  reckless or careless operation of a vessel shall be governed

  2  by the provisions of 46 U.S.C. appendix ss. 181-189 confined

  3  to the operator in immediate charge of the vessel and not

  4  imposed upon the owner of the vessel, unless the owner is the

  5  operator or is present in the vessel when any injury or damage

  6  is occasioned by the reckless or careless operation of such

  7  vessel, whether such recklessness or carelessness consists of

  8  a violation of the provisions of the statutes of this state,

  9  or disregard in observing such care and such operation as the

10  rules of the common law require.

11         Section 5.  Subsections (1) and (2) of section 327.33,

12  Florida Statutes, are amended to read:

13         327.33  Reckless or careless operation of vessel.--

14         (1)  It is unlawful to operate a vessel in a reckless

15  manner.  A person is guilty of reckless operation of a vessel

16  who operates any vessel, or manipulates any water skis,

17  aquaplane, or similar device, in willful or wanton disregard

18  for the safety of persons or property at a speed or in a

19  manner as to endanger, or likely to endanger, life or limb, or

20  damage the property of, or injure any person. Reckless

21  operation of a vessel includes, but is not limited to, a

22  violation of s. 327.331(6). Any person who violates a

23  provision of this subsection commits is guilty of a

24  misdemeanor of the first degree, punishable as provided in s.

25  775.082 or s. 775.083.

26         (2)  Any person operating a vessel upon the waters of

27  this state shall operate the vessel in a reasonable and

28  prudent manner, having regard for other waterborne traffic,

29  posted speed and wake restrictions, the presence of a

30  divers-down flag as defined in s. 861.065, and all other

31  attendant circumstances so as not to endanger the life, limb,

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  1  or property of any person.  Any person operating a vessel on a

  2  river, inlet, or navigation channel shall make a reasonable

  3  effort to maintain a distance of 100 feet from any divers-down

  4  flag.  The failure to operate a vessel in a manner described

  5  in this subsection constitutes careless operation. However,

  6  vessel wake and shoreline wash resulting from the reasonable

  7  and prudent operation of a vessel shall, absent negligence,

  8  not constitute damage or endangerment to property. Any person

  9  who violates the provisions of this subsection commits is

10  guilty of a noncriminal violation as defined in s. 775.08.

11         Section 6.  Section 861.065, Florida Statutes, is

12  renumbered as section 327.331, Florida Statutes, and amended

13  to read:

14         327.331 861.065  Divers; definitions; divers-down flag

15  required; obstruction to navigation of certain waters;

16  penalty.--

17         (1)  As used in this section:

18         (a)  "Diver" means any person who is wholly or

19  partially submerged in the waters of the state and is equipped

20  with a face mask and snorkel or underwater breathing

21  apparatus.

22         (b)(2)  "Underwater breathing apparatus" means shall

23  mean any apparatus, whether self-contained or connected to a

24  distant source of air or other gas, whereby a person wholly or

25  partially submerged in water is enabled to obtain or reuse air

26  or any other gas or gases for breathing without returning to

27  the surface of the water.

28         (c)(3)  "Divers-down flag" means shall mean a flag that

29  meets the following specifications: is either square or

30  rectangular, to approximately 4 units high by 5 units long,

31  with a 1-unit diagonal stripe.  The divers-down flag shall

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  1  have a white diagonal stripe on a red background.  The stripe

  2  shall begin at the top staff-side of the flag and extend

  3  diagonally to the opposite lower corner.  The flag shall be

  4  free-flying and shall be lowered when all divers are aboard or

  5  ashore.  The minimum size shall be 12 by 12 inches.

  6         1.  The flag must be square or rectangular.  If

  7  rectangular, the length must not be less than the height, or

  8  more than 25 percent longer than the height.  The flag must

  9  have a wire or other stiffener to hold it fully unfurled and

10  extended in the absence of a wind or breeze.

11         2.  The flag must be red with a white diagonal stripe

12  that begins at the top staff-side of the flag and extends

13  diagonally to the lower opposite corner.  The width of the

14  stripe must be 25 percent of the height of the flag.

15         3.  The minimum size for any divers-down flag displayed

16  on a buoy or float towed by the diver is 12 inches by 12

17  inches.  The minimum size for any divers-down flag displayed

18  from a vessel or structure is 20 inches by 24 inches.

19         4.  Any divers-down flag displayed from a vessel must

20  be displayed from the highest point of the vessel or such

21  other location which provides that the visibility of the

22  divers-down flag is not obstructed in any direction.

23         (2)(4)  All divers must shall prominently display a

24  divers-down flag in the area in which the diving occurs, other

25  than when diving in an area customarily used for swimming

26  only.

27         (3)(5)  No diver or group of divers shall display one

28  or more divers-down flags on a river, inlet, or navigation

29  channel, except in case of emergency, in a manner which shall

30  unreasonably constitute a navigational hazard.

31

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  1         (4)(6)  Divers shall make reasonable efforts to stay

  2  within 100 feet of the divers-down flag on rivers, inlets, and

  3  navigation channels. Any person operating a vessel on a river,

  4  inlet, or navigation channel must make a reasonable effort to

  5  maintain a distance of at least 100 feet from any divers-down

  6  flag.

  7         (5)  Divers must make reasonable efforts to stay within

  8  300 feet of the divers-down flag on all waters other than

  9  rivers, inlets, and navigation channels.  Any person operating

10  a vessel on waters other than a river, inlet, or navigation

11  channel must make a reasonable effort to maintain a distance

12  of at least 300 feet from any divers-down flag.

13         (6)  Any vessel other than a law enforcement or rescue

14  vessel that approaches within 100 feet of a divers-down flag

15  on a river, inlet, or navigation channel, or within 300 feet

16  of a divers-down flag on waters other than a river, inlet, or

17  navigation channel, must proceed no faster than is necessary

18  to maintain headway and steerageway.

19         (7)  The divers-down flag must be lowered once all

20  divers are aboard or ashore.  No person may operate any vessel

21  displaying a divers-down flag unless the vessel has one or

22  more divers in the water.

23         (8)(7)  Any willful violation of this section shall be

24  a misdemeanor of the second degree punishable as provided by

25  s. 775.082 or s. 775.083.

26         Section 7.  Effective October 1, 2001, subsection (8)

27  of section 327.331, Florida Statutes, as amended by this act,

28  is amended to read:

29         327.331  Divers; definitions; divers-down flag

30  required; obstruction to navigation of certain waters;

31  penalty.--

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  1         (8)  Except as provided in s. 327.33, any willful

  2  violation of this section shall be a noncriminal infraction

  3  punishable as provided in s. 327.73 misdemeanor of the second

  4  degree punishable as provided by s. 775.082 or s. 775.083.

  5         Section 8.  Subsections (3), (4), (5), (6), and (10) of

  6  section 327.35, Florida Statutes, are amended to read:

  7         327.35  Boating under the influence; penalties;

  8  "designated drivers".--

  9         (3)  Any person:

10         (a)  Who is in violation of subsection (1);

11         (b)  Who operates a vessel; and

12         (c)  Who, by reason of such operation, causes:

13         1.  Damage to the property or person of another commits

14  a misdemeanor of the first degree, punishable as provided in

15  s. 775.082 or s. 775.083.

16         2.  Serious bodily injury to another, as defined in s.

17  316.1933, commits a felony of the third degree, punishable as

18  provided in s. 775.082, s. 775.083, or s. 775.084.

19         3.  The death of any human being commits BUI

20  manslaughter, and commits:

21         a.  A felony of the second degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084.

23         b.  A felony of the first degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084, if:

25         (I)  At the time of the accident, the person knew, or

26  should have known, that the accident occurred; and

27         (II)  The person failed to give information and render

28  aid as required by s. 327.30 316.062.

29

30  This sub-subparagraph does not require that the person knew

31  that the accident resulted in injury or death.

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  1         (4)  Any person who is convicted of a violation of

  2  subsection (1) and who has a blood-alcohol level or

  3  breath-alcohol level of 0.16 0.20 or higher, or any person who

  4  is convicted of a violation of subsection (1) and who at the

  5  time of the offense was accompanied in the vessel by a person

  6  under the age of 18 years, shall be punished:

  7         (a)  By a fine of:

  8         1.  Not less than $500 or more than $1,000 for a first

  9  conviction.

10         2.  Not less than $1,000 or more than $2,000 for a

11  second conviction.

12         3.  Not less than $2,000 or more than $5,000 for a

13  third conviction.

14         (b)  By imprisonment for:

15         1.  Not more than 9 months for a first conviction.

16         2.  Not more than 12 months for a second conviction.

17         3.  Not more than 12 months for a third conviction.

18

19  For the purposes of this subsection, only the instant offense

20  is required to be a violation of subsection (1) by a person

21  who has a blood-alcohol level or breath-alcohol level of 0.16

22  0.20 or higher.

23         (5)  In addition to any sentence or fine, the court

24  shall place all offenders any offender convicted of violating

25  this section on monthly reporting probation and shall require

26  completion of attendance at a substance abuse course specified

27  by the court, which must include a psychosocial evaluation of

28  the offender. If; and the agency conducting the course refers

29  may refer the offender to an authorized substance abuse

30  treatment service provider for substance abuse evaluation and

31  treatment, in addition to any sentence or fine imposed under

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  1  this section, completion of all such education, evaluation,

  2  and treatment is a condition of reporting probation.  The

  3  offender shall assume reasonable costs for such education,

  4  evaluation, and treatment, with completion of all such

  5  education, evaluation, and treatment being a condition of

  6  reporting probation.  The referral to treatment resulting from

  7  a psychosocial evaluation shall may not be waived without a

  8  supporting independent psychosocial evaluation conducted by an

  9  authorized substance abuse treatment provider agency appointed

10  by the court, which shall have and with access to the original

11  psychosocial evaluation before the independent psychosocial

12  evaluation is completed.  The court shall review the results

13  and recommendations of both evaluations before determining the

14  request for waiver.  The offender shall bear the full cost of

15  this procedure.  The term "substance abuse" means the abuse of

16  alcohol or any substance named or described in Schedules I

17  through V of s. 893.03. If an offender referred to treatment

18  under this subsection fails to report for or complete such

19  treatment or fails to complete the substance abuse education

20  course and evaluation, the agency conducting the course shall

21  notify the court and the offender's probation officer of the

22  failure.  Upon receipt of the notice, the court shall order

23  the offender not to operate any vessel upon the waters of this

24  state for the remainder of the period of probation.

25         (6)  With respect to any person convicted of a

26  violation of subsection (1), regardless of any other penalty

27  imposed:

28         (a)  For the first conviction, the court shall place

29  the defendant on probation for a period not to exceed 1 year

30  and, as a condition of such probation, shall order the

31  defendant to participate in public service or a community work

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  1  project for a minimum of 50 hours.   The court must also, as a

  2  condition of probation, order the impoundment or

  3  immobilization of the vessel that was operated by or in the

  4  actual control of the defendant or any one vehicle registered

  5  in the defendant's name at the time of impoundment or

  6  immobilization, for a period of 10 days or for the unexpired

  7  term of any lease or rental agreement that expires within 10

  8  days. The impoundment or immobilization must not occur

  9  concurrently with the incarceration of the defendant.  The

10  impoundment or immobilization order may be dismissed in

11  accordance with paragraph (e) or paragraph (f). The total

12  period of probation and incarceration may not exceed 1 year.

13         (b)  For the second conviction for an offense that

14  occurs within a period of 5 years after the date of a prior

15  conviction for violation of this section, the court shall

16  order imprisonment for not less than 10 days. The court must

17  also, as a condition of probation, order the impoundment or

18  immobilization of the vessel that was operated by or in the

19  actual control of the defendant or any one vehicle registered

20  in the defendant's name at the time of impoundment or

21  immobilization, for a period of 30 days or for the unexpired

22  term of any lease or rental agreement that expires within 30

23  days. The impoundment or immobilization must not occur

24  concurrently with the incarceration of the defendant.  The

25  impoundment or immobilization order may be dismissed in

26  accordance with paragraph (e) or paragraph (f). At least 48

27  hours of confinement must be consecutive.

28         (c)  For the third or subsequent conviction for an

29  offense that occurs within a period of 10 years after the date

30  of a prior conviction for violation of this section, the court

31  shall order imprisonment for not less than 30 days. The court

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  1  must also, as a condition of probation, order the impoundment

  2  or immobilization of the vessel that was operated by or in the

  3  actual control of the defendant or any one vehicle registered

  4  in the defendant's name at the time of impoundment or

  5  immobilization, for a period of 90 days or for the unexpired

  6  term of any lease or rental agreement that expires within 90

  7  days. The impoundment or immobilization must not occur

  8  concurrently with the incarceration of the defendant.  The

  9  impoundment or immobilization order may be dismissed in

10  accordance with paragraph (e) or paragraph (f). At least 48

11  hours of confinement must be consecutive.

12         (d)  The court must at the time of sentencing the

13  defendant issue an order for the impoundment or immobilization

14  of a vessel. Within 7 business days after the date that the

15  court issues the order of impoundment, and once again 30

16  business days before the actual impoundment or immobilization

17  of the vessel, the clerk of the court must send notice by

18  certified mail, return receipt requested, to the registered

19  owner of each vessel, if the registered owner is a person

20  other than the defendant, and to each person of record

21  claiming a lien against the vessel.

22         (e)  A person who owns but was not operating the vessel

23  when the offense occurred may submit to the court a police

24  report indicating that the vessel was stolen at the time of

25  the offense or documentation of having purchased the vessel

26  after the offense was committed from an entity other than the

27  defendant or the defendant's agent. If the court finds that

28  the vessel was stolen or that the sale was not made to

29  circumvent the order and allow the defendant continued access

30  to the vessel, the order must be dismissed and the owner of

31  the vessel will incur no costs. If the court denies the

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  1  request to dismiss the order of impoundment or immobilization,

  2  the petitioner may request an evidentiary hearing.

  3         (f)  A person who owns but was not operating the vessel

  4  when the offense occurred, and whose vessel was stolen or who

  5  purchased the vessel after the offense was committed directly

  6  from the defendant or the defendant's agent, may request an

  7  evidentiary hearing to determine whether the impoundment or

  8  immobilization should occur. If the court finds that either

  9  the vessel was stolen or the purchase was made without

10  knowledge of the offense, that the purchaser had no

11  relationship to the defendant other than through the

12  transaction, and that such purchase would not circumvent the

13  order and allow the defendant continued access to the vessel,

14  the order must be dismissed and the owner of the vessel will

15  incur no costs.

16         (g)  All costs and fees for the impoundment or

17  immobilization, including the cost of notification, must be

18  paid by the owner of the vessel or, if the vessel is leased or

19  rented, by the person leasing or renting the vessel, unless

20  the impoundment or immobilization order is dismissed.

21         (h)  The person who owns a vessel that is impounded or

22  immobilized under this  paragraph, or a person who has a lien

23  of record against such a vessel and who has not requested a

24  review of the impoundment pursuant to paragraph (e) or

25  paragraph (f), may, within 10 days after the date that person

26  has knowledge of the location of the vessel, file a complaint

27  in the county in which the owner resides to determine whether

28  the vessel was wrongfully taken or withheld from the owner or

29  lienholder. Upon the filing of a complaint, the owner or

30  lienholder may have the vessel released by posting with the

31  court a bond or other adequate security equal to the amount of

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  1  the costs and fees for impoundment or immobilization,

  2  including towing or storage, to ensure the payment of the

  3  costs and fees if the owner or lienholder does not prevail.

  4  When the bond is posted and the fee is paid as set forth in s.

  5  28.24, the clerk of the court shall issue a certificate

  6  releasing the vessel. At the time of release, after reasonable

  7  inspection, the owner or lienholder must give a receipt to the

  8  towing or storage company indicating any loss or damage to the

  9  vessel or to the contents of the vessel.

10         (i)  A defendant, in the court's discretion, may be

11  required to serve all or any portion of a term of imprisonment

12  to which the defendant has been sentenced pursuant to this

13  section in a residential alcoholism treatment program or a

14  residential drug abuse treatment program. Any time spent in

15  such a program must be credited by the court toward the term

16  of imprisonment.

17

18  For the purposes of this section, any conviction for a

19  violation of s. 316.193, a previous conviction for the

20  violation of former s. 316.1931, former s. 327.351, former s.

21  860.01, or former s. 316.028, or a previous conviction outside

22  this state for driving or boating under the influence, driving

23  or boating while intoxicated, driving or boating with an

24  unlawful blood-alcohol level, driving or boating with an

25  unlawful breath-alcohol level, or any other similar

26  alcohol-related or drug-related traffic or boating offense, is

27  also considered a previous conviction for violation of this

28  section.

29         (10)  It is the intent of the Legislature to encourage

30  boaters to have a "designated driver." Therefore, this section

31  shall not apply to a person on a vessel that is docked or

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  1  otherwise made fast to the shore and shall not apply to a

  2  vessel owner or operator who is not in actual physical control

  3  of the vessel and who has designated a driver who does not

  4  consume any alcoholic beverages, any chemical substance set

  5  forth in s. 877.111, or any substance controlled under chapter

  6  893.

  7         Section 9.  Paragraph (a) of subsection (1) of section

  8  327.355, Florida Statutes, is amended to read:

  9         327.355  Operation of vessels by persons under 21 years

10  of age who have consumed alcoholic beverages.--

11         (1)(a)  Notwithstanding s. 327.35, it is unlawful for a

12  person under the age of 21 who has a breath-alcohol level of

13  0.02 percent or higher to operate or be in actual physical

14  control of a vessel.

15         Section 10.  Paragraph (a) of subsection (2) of section

16  327.36, Florida Statutes, is amended to read:

17         327.36  Mandatory adjudication; prohibition against

18  accepting plea to lesser included offense.--

19         (2)(a)  No trial judge may accept a plea of guilty to a

20  lesser offense from a person who is charged with a violation

21  of  s. 327.35, manslaughter resulting from the operation of a

22  vessel, or vessel homicide and who has been given a breath or

23  blood test to determine blood or breath alcohol content, the

24  results of which show a blood-alcohol level or breath-alcohol

25  level blood or breath alcohol content by weight of 0.16

26  percent or more.

27         Section 11.  Paragraphs (a) and (b) of subsection (2)

28  of section 327.37, Florida Statutes, are amended to read:

29         327.37  Water skis, parasails, and aquaplanes

30  regulated.--

31

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  1         (2)(a)  A person may not engage in water skiing,

  2  parasailing, aquaplaning, or any similar activity at any time

  3  between the hours from one-half hour after sunset to one-half

  4  hour before sunrise.

  5         (b)  A person may not engage in water skiing,

  6  parasailing, aquaplaning, or any similar activity unless such

  7  person is wearing a noninflatable type I, type II, type III,

  8  or noninflatable type V personal flotation device approved by

  9  the United States Coast Guard.

10         Section 12.  Subsections (1), (4), (5), and (6) of

11  section 327.39, Florida Statutes, are amended to read:

12         327.39  Personal watercraft regulated.--

13         (1)  A person may not operate a personal watercraft

14  unless each person riding on or being towed behind such vessel

15  is wearing a type I, type II, type III, or type V personal

16  flotation device, other than an inflatable device, approved by

17  the United States Coast Guard.

18         (4)  A personal watercraft must at all times be

19  operated in a reasonable and prudent manner.  Maneuvers which

20  unreasonably or unnecessarily endanger life, limb, or

21  property, including, but not limited to, weaving through

22  congested vessel traffic, jumping the wake of another vessel

23  unreasonably or unnecessarily close to such other vessel or

24  when visibility around such other vessel is obstructed, and

25  swerving at the last possible moment to avoid collision shall

26  constitute reckless operation of a vessel, as provided in s.

27  327.33(1). Any person operating a personal watercraft must

28  comply with the provisions of s. 327.33.

29         (5)  No person under the age of 14 shall operate any a

30  personal watercraft on the waters of this state.

31

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  1         (6)(a)  It is unlawful for the owner of any personal

  2  watercraft or any person having charge over or control of a

  3  personal watercraft to authorize or knowingly permit the same

  4  to be operated by a person under 14 years of age in violation

  5  of this section.

  6         (b)1.  It is unlawful for the owner of any leased,

  7  hired, or rented personal watercraft, or any person having

  8  charge over or control of a leased, hired, or rented personal

  9  watercraft, to authorize or knowingly permit the watercraft to

10  be operated by any person who has not received instruction in

11  the safe handling of personal watercraft, in compliance with

12  rules established by the commission.

13         2.  Any person receiving instruction in the safe

14  handling of personal watercraft pursuant to a program

15  established by rule of the commission must provide the owner

16  of, or person having charge of or control over, a leased,

17  hired, or rented personal watercraft with a written statement

18  attesting to the same.

19         3.  The commission shall have the authority to

20  establish rules pursuant to chapter 120 prescribing the

21  instruction to be given, which shall take into account the

22  nature and operational characteristics of personal watercraft

23  and general principles and regulations pertaining to boating

24  safety.

25         (c)  Any person who violates this subsection commits

26  shall be guilty of a misdemeanor of the second degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         Section 13.  Subsections (3) through (10) of section

29  327.395, Florida Statutes, are renumbered as subsections (4)

30  through (11), respectively, and a new subsection (3) is added

31  to said section, to read:

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  1         327.395  Boating safety identification cards.--

  2         (3)  Any commission-approved boater education or boater

  3  safety course, course-equivalency examination developed or

  4  approved by the commission, or temporary certificate

  5  examination developed or approved by the commission must

  6  include a component regarding diving vessels, awareness of

  7  divers in the water, divers-down flags, and the requirements

  8  of s. 327.331.

  9         Section 14.  Subsections (1) and (2) of section 327.40,

10  Florida Statutes, are amended to read:

11         327.40  Uniform waterway markers for safety and

12  navigation.--

13         (1)  Waterways in Florida, unmarked by the Coast Guard,

14  which need marking for safety or navigation purposes, shall be

15  marked under the United States Aids to Navigation System, 33

16  C.F.R. part 62. Until December 31, 2003, channel markers and

17  obstruction markers conforming to the Uniform State Waterway

18  Marking System, 33 C.F.R. subpart 66.10, may continue to be

19  used on waters of this state that are not navigable waters of

20  the United States. Uniform Safety and Navigation System

21  adopted by the advisory panel of state officials to the

22  Merchant Marine Council of the United States Coast Guard.

23         (2)(a)  Application for marking inland lakes and state

24  waters and any navigable waters under concurrent jurisdiction

25  of the Coast Guard and the division shall be made to the

26  division, accompanied by a map locating the approximate

27  placement of markers, a list of the markers to be place, a

28  statement of the specification of the markers, a statement of

29  concerning the purpose of marking, and the names of persons

30  responsible for the placement and upkeep of such markers. The

31  division will assist the applicant to secure the proper

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  1  permission from the Coast Guard where required, make such

  2  investigations as needed, and issue a permit.  The division

  3  shall furnish the applicant with the information concerning

  4  the system adopted and the rules regulations existing for

  5  placing and maintaining the uniform safety and navigation

  6  markers.  The division shall keep records of all approvals

  7  given and counsel with individuals, counties, municipalities,

  8  motorboat clubs, or other groups desiring to mark waterways

  9  for safety and navigation purposes in Florida.

10         (b)  No person or municipality, county, or other

11  governmental entity shall place any safety or navigation

12  markers in, on, or over the waters or shores of the state

13  without a permit from the division.

14         (c)  The commission is authorized to adopt rules

15  pursuant to chapter 120 to implement this section.

16         Section 15.  Section 327.41, Florida Statutes, is

17  amended to read:

18         327.41  Uniform waterway regulatory markers.--

19         (1)  The Fish and Wildlife Conservation commission

20  shall adopt rules and regulations pursuant to chapter 120

21  establishing a uniform system of regulatory markers for the

22  waters of the state Florida Intracoastal Waterway, compatible

23  with the system of regulatory markers prescribed by the United

24  States Coast Guard in the United States Aids to Navigation

25  System, 33 C.F.R. part 62, and shall give due regard to the

26  System of Uniform Waterway Markers approved by the Advisory

27  Panel of State Officials to the Merchant Marine Council,

28  United States Coast Guard.

29         (2)  Any county or municipality which has been granted

30  a restricted area designation, pursuant to s. 327.46, for a

31  portion of the Florida Intracoastal Waterway within its

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  1  jurisdiction or which has adopted a restricted area by

  2  ordinance pursuant to s. 327.22, s. 327.60, or s.

  3  370.12(2)(o), or any other governmental entity which has

  4  legally established a restricted area, may apply to the Fish

  5  and Wildlife Conservation commission for permission to place

  6  regulatory markers within the restricted area.

  7         (3)  Application for placing regulatory markers in the

  8  waters of the state on the Florida Intracoastal Waterway shall

  9  be made to the division as provided in s. 327.40 of Marine

10  Resources, accompanied by a map locating the approximate

11  placement of the markers, a statement of the specification of

12  the markers, a statement of purpose of the markers, and a

13  statement of the city or county responsible for the placement

14  and upkeep of the markers.

15         (4)  No person or municipality, county, or other

16  governmental entity shall place any regulatory markers in, on,

17  or over the waters of the state or the shores thereof Florida

18  Intracoastal Waterway without a permit from the division

19  pursuant to s. 327.40 of Marine Resources.

20         (5)  Aquaculture leaseholds shall be marked as required

21  by this section, and the commission may approve alternative

22  marking requirements as a condition of the lease pursuant to

23  s. 253.68.  The provisions of this section notwithstanding, no

24  permit shall be required for the placement of markers required

25  by such a lease.

26         (6)  The commission is authorized to adopt rules

27  pursuant to chapter 120 to implement the provisions of this

28  section.

29         Section 16.  Section 327.46, Florida Statutes, is

30  amended to read:

31         327.46  Restricted areas.--

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  1         (1)(a)  The commission has shall have the authority to

  2  establish for establishing, by rule, pursuant to chapter 120,

  3  restricted areas on the waters of the state for any purpose

  4  deemed necessary for the safety of the public, including, but

  5  not limited to, vessel boat speeds and vessel boat traffic,

  6  where such restrictions are deemed necessary based on boating

  7  accidents, visibility, hazardous currents or water levels

  8  tides, vessel traffic congestion, or other navigational

  9  hazards.  Each such restricted area shall be developed in

10  consultation and coordination with the governing body of the

11  county or municipality in which the restricted area is located

12  and, where required, with the United States Coast Guard and

13  the United States Army Corps of Engineers.  Restricted areas

14  shall be established in accordance with procedures under

15  chapter 120.

16         (2)  It is unlawful for any person to operate a vessel

17  in a prohibited manner or to carry on any prohibited activity,

18  as defined in this chapter, deemed a safety hazard or

19  interference with navigation as provided above within a

20  restricted water area which has been clearly marked by

21  regulatory markers buoys or some other distinguishing device

22  as a bathing or otherwise restricted area in accordance with

23  and marked as authorized under this chapter.; provided, that

24         (3)  This section shall not apply in the case of an

25  emergency or to a law enforcement, firefighting, patrol or

26  rescue vessel owned or operated by a governmental entity

27  craft.

28         Section 17.  Section 327.49, Florida Statutes, is

29  created to read:

30         327.49  Testing vessels and vessel motors.--Subject to

31  reasonable rules adopted by the commission pursuant to chapter

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  1  120, manufacturers of vessels and vessel motors that operate

  2  vessel and vessel motor test facilities shall be authorized to

  3  test such vessels, vessel motors, or combinations thereof on

  4  the waters of the state to ensure that they meet generally

  5  accepted boating safety standards.

  6         Section 18.  Section 327.54, Florida Statutes, is

  7  amended to read:

  8         327.54  Liveries; safety regulations; penalty.--

  9         (1)  A livery may not knowingly lease, hire, or rent a

10  vessel to any person:

11         (a)  When the number of persons intending to use the

12  vessel exceeds the number considered to constitute a maximum

13  safety load for the vessel as specified on the authorized

14  persons capacity plate of the vessel.

15         (b)  When the horsepower of the motor exceeds the

16  capacity of the vessel.

17         (c)  When the vessel does not contain the required

18  safety equipment required under s. 327.50.

19         (d)  When the vessel is not seaworthy.

20         (e)  When the vessel is equipped with a motor of 10

21  horsepower or greater, unless the livery provides there is a

22  prerental or preride instruction that includes, but need not

23  be limited to: in the safe operation of the vessel by the

24  livery.

25         1.  Operational characteristics of the vessel to be

26  rented.

27         2.  Safe vessel operation and vessel right-of-way.

28         3.  The responsibility of the vessel operator for the

29  safe and proper operation of the vessel.

30         4.  Local characteristics of the waterway where the

31  vessel will be operated.

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  1

  2  Any person delivering the information specified in this

  3  paragraph must have successfully completed a boater safety

  4  course approved by the National Association of State Boating

  5  Law Administrators and this state.

  6         (f)  Unless the livery displays boating safety

  7  information in a place visible to the renting public.  The

  8  commission shall prescribe by rule pursuant to chapter 120,

  9  the contents and size of the boating safety information to be

10  displayed.

11         (2)  A livery may not knowingly lease, hire, or rent

12  any vessel powered by a motor of 10 horsepower or greater to

13  any person who is required to comply with s. 327.395, unless

14  such person presents a valid boater safety identification card

15  to the livery.

16         (3)  If a vessel is unnecessarily overdue, the livery

17  shall notify the proper authorities.

18         (4)(a)  A livery may not knowingly lease, hire, or rent

19  a personal watercraft to any person who is under 18 16 years

20  of age.,

21         (b)  A livery may not knowingly nor may it lease, hire,

22  or rent a personal such watercraft to any person who has not

23  received instruction in the safe handling of personal

24  watercraft, in compliance with rules established by the

25  commission pursuant to chapter 120 or other vessel to any

26  other person, unless the livery displays boating safety

27  information about the safe and proper operation of vessels and

28  requires a signature by the lessee that he or she has received

29  instruction in the safe handling of the personal watercraft in

30  compliance with standards established by the department.

31

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  1         (c)  Any person receiving instruction in the safe

  2  handling of personal watercraft pursuant to a program

  3  established by rule of the commission must provide the livery

  4  with a written statement attesting to the same.

  5         (5)  A livery may not lease, hire, or rent any personal

  6  watercraft or offer to lease, hire, or rent any personal

  7  watercraft unless the livery first obtains and carries in full

  8  force and effect a policy from a licensed insurance carrier in

  9  this state, insuring against any accident, loss, injury,

10  property damage, or other casualty caused by or resulting from

11  the operation of the personal watercraft.  The insurance

12  policy shall provide coverage of at least $500,000 per person

13  and $1 million per event.  The livery must have proof of such

14  insurance available for inspection at the location where

15  personal watercraft are being leased, hired, or rented, or

16  offered for lease, hire, or rent, and shall provide to each

17  renter the insurance carrier's name and address and the

18  insurance policy number.

19         (6)(5)  Any person convicted of violating this section

20  commits is guilty of a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083.

22         (6)  When the livery has complied with subsections (1),

23  (2), (3), and (4), its liability ceases and the person leasing

24  the vessel from the livery is liable for any violations of

25  this chapter and is personally liable for any accident or

26  injury occurring while in charge of such vessel.

27         Section 19.  Subsection (1) of section 327.60, Florida

28  Statutes, is amended to read:

29         327.60  Local regulations; limitations.--

30         (1)  The provisions of ss. 327.01, 327.02,

31  327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65,

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  1  328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall govern

  2  the operation, equipment, and all other matters relating

  3  thereto whenever any vessel shall be operated upon the

  4  waterways or when any activity regulated hereby shall take

  5  place thereon. Nothing in these sections shall be construed to

  6  prevent the adoption of any ordinance or local law relating to

  7  operation and equipment of vessels, except that no such

  8  ordinance or local law may apply to the Florida Intracoastal

  9  Waterway and except that such ordinances or local laws shall

10  be operative only when they are not in conflict with this

11  chapter or any amendments thereto or regulations thereunder.

12  Any ordinance or local law adopted pursuant to this section

13  may not discriminate against personal watercraft as defined in

14  s. 327.02.

15         Section 20.  Section 327.72, Florida Statutes, is

16  amended to read:

17         327.72  Penalties.--Any person failing to comply with

18  the provisions of this chapter or chapter 328 not specified in

19  s. 327.73 or not paying the civil penalty fine specified in

20  said section within 30 10 days, except as otherwise provided

21  in this chapter or chapter 328, commits is guilty of a

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

23  775.082 or s. 775.083.

24         Section 21.  Paragraph (k) of subsection (1) and

25  subsection (4) of section 327.73, Florida Statutes, are

26  amended, subsections, (9), (10), and (11) are added to said

27  section, and paragraph (p) of subsection (1) of said section

28  is reenacted for the purpose of incorporating the amendments

29  to section 327.39, Florida Statutes, in a reference, to read:

30         327.73  Noncriminal infractions.--

31

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  1         (1)  Violations of the following provisions of the

  2  vessel laws of this state are noncriminal infractions:

  3         (k)  Violations relating to restricted areas and speed

  4  limits:

  5         1.  Established by the commission department pursuant

  6  to s. 327.46.

  7         2.  Established by local governmental authorities

  8  pursuant to s. 327.22 or s. 327.60.

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

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

11  personal watercraft.

12

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

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

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

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

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

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

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

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

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

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

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

24  775.082 or s. 775.083. A written warning to this effect shall

25  be provided at the time such uniform boating citation is

26  issued.

27         (4)  Any person charged with a noncriminal infraction

28  under this section may:

29         (a)  Pay the civil penalty, either by mail or in

30  person, within 30 10 days of the date of receiving the

31  citation; or,

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  1         (b)  If he or she has posted bond, forfeit bond by not

  2  appearing at the designated time and location.

  3

  4  If the person cited follows either of the above procedures, he

  5  or she shall be deemed to have admitted the noncriminal

  6  infraction and to have waived the right to a hearing on the

  7  issue of commission of the infraction.  Such admission shall

  8  not be used as evidence in any other proceedings.

  9         (9)(a)  Any person who fails to comply with the court's

10  requirements or who fails to pay the civil penalties specified

11  in this section within the 30-day period provided for in s.

12  327.72 must pay an additional court cost of $12, which shall

13  be used by the clerks of the courts to defray the costs of

14  tracking unpaid uniform boating citations.

15         (b)  Any person who fails to comply with the court's

16  requirements as to civil penalties specified in this section

17  due to demonstrated financial hardship shall be authorized to

18  satisfy such civil penalties by public works or community

19  service.  Each hour of such service shall be applied, at the

20  rate of the minimum wage, toward payment of the person's civil

21  penalties; provided, however, that if the person has a trade

22  or profession for which there is a community service need and

23  application, the rate for each hour of such service shall be

24  the average standard wage for such trade or profession.  Any

25  person who fails to comply with the court's requirements as to

26  such civil penalties who does not demonstrate financial

27  hardship may also, at the discretion of the court, be

28  authorized to satisfy such civil penalties by public works or

29  community service in the same manner.

30         (c)  If the noncriminal infraction has caused or

31  resulted in the death of another, the court may require the

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  1  person who committed the infraction to perform 120 community

  2  service hours in addition to any other penalties.

  3         (10)  Any person cited for any noncriminal infraction

  4  which results in an accident that causes the death of another,

  5  or which results in an accident that causes "serious bodily

  6  injury" of another as defined in s. 327.353(1), shall not have

  7  the provisions of subsection (4) available to him or her but

  8  must appear before the designated official at the time and

  9  location of the scheduled hearing.

10         (11)(a)  Court costs that are to be in addition to the

11  stated civil penalty shall be imposed by the court in an

12  amount not less than the following:

13         1.  For swimming or diving infractions, $3.

14         2.  For nonmoving boating infractions, $6

15         3.  For boating infractions listed in s. 327.731(1),

16  $10.

17         (b)  In addition to the court cost assessed under

18  paragraph (a), the court shall impose a $3 court cost for each

19  noncriminal infraction, to be distributed as provided in s.

20  938.01, and a $2 court cost as provided in s. 938.15 when

21  assessed by a municipality or county.

22

23  Court costs imposed under this subsection may not exceed $30.

24  A criminal justice selection center or both local criminal

25  justice access and assessment centers may be funded from these

26  court costs.

27         Section 22.  Effective October 1, 2001, paragraph (u)

28  is added to subsection (1) of section 327.73, Florida

29  Statutes, to read:

30         327.73  Noncriminal infractions.--

31

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  1         (1)  Violations of the following provisions of the

  2  vessel laws of this state are noncriminal infractions:

  3         (u)  Section 327.331, relating to divers-down flags,

  4  except for violations meeting the requirements of s. 327.33.

  5

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

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

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

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

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

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

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

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

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

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

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

17  775.082 or s. 775.083. A written warning to this effect shall

18  be provided at the time such uniform boating citation is

19  issued.

20         Section 23.  Effective October 1, 2001, subsection (1)

21  of section 327.731, Florida Statutes, is amended to read:

22         327.731  Mandatory education for violators.--

23         (1)  Every person convicted of a criminal violation of

24  this chapter, every person convicted of a noncriminal

25  infraction under this chapter if the infraction resulted in a

26  reportable boating accident, and every person convicted of two

27  noncriminal infractions as defined in s. 327.73(1)(h) through

28  (k), (m) through (p), and (s) through (u) (s), and (t), said

29  infractions occurring within a 12-month period, must:

30         (a)  Enroll in, attend, and successfully complete, at

31  his or her own expense, a boating safety course that meets

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  1  minimum standards established by the commission by rule;

  2  however, the commission may provide by rule pursuant to

  3  chapter 120 for waivers of the attendance requirement for

  4  violators residing in areas where classroom presentation of

  5  the course is not available;

  6         (b)  File with the commission within 90 days proof of

  7  successful completion of the course;

  8         (c)  Refrain from operating a vessel until he or she

  9  has filed the proof of successful completion of the course

10  with the commission.

11

12  Any person who has successfully completed an approved boating

13  course shall be exempt from these provisions upon showing

14  proof to the commission as specified in paragraph (b).

15         Section 24.  Subsections (1) and (3)of section 327.803,

16  Florida Statutes, are amended to read:

17         327.803  Boating Advisory Council.--

18         (1)  The Boating Advisory Council is created within the

19  Fish and Wildlife Conservation Commission and shall be

20  composed of 17 16 members. The members include:

21         (a)  One representative from the Fish and Wildlife

22  Conservation Commission, who shall serve as the chair of the

23  council.

24         (b)  One representative each from the Department of

25  Environmental Protection, the United States Coast Guard

26  Auxiliary, the United States Power Squadron, and the inland

27  navigation districts.

28         (c)  One representative of manatee protection

29  interests, one representative of the marine industries, two

30  representatives of water-related environmental groups, one

31  representative of marine manufacturers, one representative of

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  1  commercial vessel owners or operators, one representative of

  2  sport boat racing, one representative actively involved and

  3  working full-time in the scuba diving industry who has

  4  experience in recreational boating, and two representatives of

  5  the boating public, each of whom shall be nominated by the

  6  executive director of the Fish and Wildlife Conservation

  7  Commission and appointed by the Governor to serve staggered

  8  2-year terms.

  9         (d)  One member of the House of Representatives, who

10  shall be appointed by the Speaker of the House of

11  Representatives.

12         (e)  One member of the Senate, who shall be appointed

13  by the President of the Senate.

14         (3)  The purpose of the council is to make

15  recommendations to the Fish and Wildlife Conservation

16  Commission and the Department of Community Affairs regarding

17  issues affecting the boating community, including, but not

18  limited to, issues related to:

19         (a)  Boating and diving safety education.

20         (b)  Boating-related facilities, including marinas and

21  boat testing facilities.

22         (c)  Boat usage.

23         Section 25.  Subsection (2) of section 328.48, Florida

24  Statutes, is amended to read:

25         328.48  Vessel registration, application, certificate,

26  number, decal, duplicate certificate.--

27         (2)  All vessels used operated on the waters of the

28  state must be registered, either commercial or recreational

29  noncommercial as defined in this chapter herein, except as

30  follows:

31

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

  2  ponds.

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

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

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

  6         Section 26.  Section 328.56, Florida Statutes, is

  7  amended to read:

  8         328.56  Vessel registration number.--Each vessel that

  9  is used operated on the waters of the state must display a

10  commercial or recreational noncommercial Florida registration

11  number, unless it is:

12         (1)  A vessel used exclusively on private lakes and

13  ponds.

14         (2)  A vessel owned by the United States Government.

15         (3)  A vessel used exclusively as a ship's lifeboat.

16         (4)  A non-motor-powered vessel.

17         (5)  A federally documented vessel.

18         (6)  A vessel already covered by a registration number

19  in full force and effect which has been awarded to it pursuant

20  to a federally approved numbering system of another state or

21  by the United States Coast Guard in a state without a

22  federally approved numbering system, if the vessel has not

23  been within this state for a period in excess of 90

24  consecutive days.

25         (7)  A vessel operating under a valid temporary

26  certificate of number.

27         (8)  A vessel from a country other than the United

28  States temporarily using the waters of this state.

29         (9)  An undocumented vessel used exclusively for

30  racing.

31

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  1         Section 27.  Section 328.70, Florida Statutes, is

  2  amended to read:

  3         328.70  Legislative intent with respect to uniform

  4  registration fee, classification of vessels.--

  5         (a)  It is declared to be the intent of the Legislature

  6  that all vessels in the state be subject to a uniform

  7  registration fee at a rate based on the length of the vessels.

  8  It is also declared to be the intent of the Legislature that

  9  all vessels be classified as either "commercial" or

10  "recreational noncommercial" and that all such vessels be

11  registered according to the provisions of s. 328.72.

12         (b)  Any vessel which is required to be registered and

13  meets the definition of a commercial vessel shall be

14  classified and registered as a "commercial vessel."

15         (c)  Any vessel which is required to be registered and

16  is not used operated for commercial purposes shall be

17  classified and registered as a "recreational noncommercial

18  vessel."

19         (d)  Livery vessels shall be classified as "commercial"

20  or "recreational" based on the manner in which they are used.

21         Section 28.  Subsections (2) and (6) of section 328.72,

22  Florida Statutes, are amended to read:

23         328.72  Classification; registration; fees and charges;

24  surcharge; disposition of fees; fines; marine turtle

25  stickers.--

26         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

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

28  for recreational noncommercial purposes, and powered by the

29  vessel's original-type power plant may be registered as an

30  antique vessel.  When applying for registration as an antique

31  vessel, the owner of such a vessel shall submit certification,

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  1  as prescribed by the Department of Highway Safety and Motor

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

  3  requirements of this paragraph.

  4         (b)  The registration number for an antique vessel

  5  shall be permanently attached to each side of the forward half

  6  of the vessel displayed as provided in ss. 328.48 and 328.54.

  7         (c)  The Department of Highway Safety and Motor

  8  Vehicles may issue a decal identifying the vessel as an

  9  antique vessel. The decal shall be displayed as provided in

10  ss. 328.48 327.11 and 328.54 327.14.

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

12  of a vessel changes from recreational noncommercial to

13  commercial, or from commercial to recreational noncommercial,

14  and a current registration certificate has been issued to the

15  owner, the owner shall within 30 days forward his or her

16  certificate to the county tax collector with a fee of $2.25

17  and a new certificate shall be issued.

18         Section 29.  Paragraph (C) of subsection (1) of section

19  328.76, Florida Statutes, is amended to read:

20         328.76  Marine Resources Conservation Trust Fund;

21  vessel registration funds; appropriation and distribution.--

22         (1)  Except as otherwise specified and less any

23  administrative costs, all funds collected from the

24  registration of vessels through the Department of Highway

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

26  shall be deposited in the Marine Resources Conservation Trust

27  Fund for recreational channel marking; public launching

28  facilities; law enforcement and quality control programs;

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

30  rehabilitation, and release; and marine mammal protection and

31

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

  2  be transferred as follows:

  3         (c)  Two dollars from each recreational noncommercial

  4  vessel registration fee, except that for class A-1 vessels,

  5  shall be transferred to the Invasive Plant Control Trust Fund

  6  for aquatic weed research and control.

  7         Section 30.  Effective July 1, 2000, paragraph (a) of

  8  subsection (2) of section 370.06, Florida Statutes, is amended

  9  to read:

10         370.06  Licenses.--

11         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

14  saltwater products, or which harvests saltwater products with

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

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

17  aquaculture certificate under s. 597.004 is not required to

18  purchase and possess a saltwater products license in order to

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

20  saltwater products license allows the holder to engage in any

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

22  license must be in the possession of the licenseholder or

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

24  time that harvesting activities for which a license is

25  required are being conducted. A restricted species endorsement

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

27  licensed wholesale dealer those species which the state, by

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

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

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

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

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  1  attributable to the sale of saltwater products pursuant to a

  2  license issued under this paragraph or a similar license from

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

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

  5  its income is attributable to the sale of saltwater products

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

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

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

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

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

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

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

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

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

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

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

17  attributable to work, employment, entrepreneurship, pensions,

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

19  existing restricted species endorsement, a marine aquaculture

20  producer possessing a valid saltwater products license with a

21  restricted species endorsement may apply income from the sale

22  of marine aquaculture products to licensed wholesale dealers.

23         1.  The Fish and Wildlife Conservation commission is

24  authorized to require verification of such income. Acceptable

25  proof of income earned from the sale of saltwater products

26  shall be:

27         a.  Copies of trip ticket records generated pursuant to

28  this subsection (marine fisheries information system),

29  documenting qualifying sale of saltwater products;

30         b.  Copies of sales records from locales other than

31  Florida documenting qualifying sale of saltwater products;

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

  2  including Form 1099 attachments, verifying income earned from

  3  the sale of saltwater products;

  4         d.  Crew share statements verifying income earned from

  5  the sale of saltwater products; or

  6         e.  A certified public accountant's notarized statement

  7  attesting to qualifying source and amount of income.

  8

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

10  Florida Statutes to the contrary notwithstanding, any person

11  who owns a retail seafood market or restaurant at a fixed

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

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

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

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

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

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

18  seafood market or restaurant and in his or her saltwater

19  products enterprise by affidavit and shall thereupon be issued

20  a restricted species endorsement.

21         2.  Exceptions from income requirements shall be as

22  follows:

23         a.  A permanent restricted species endorsement shall be

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

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

26         b.  Active military duty time shall be excluded from

27  consideration of time necessary to qualify and shall not be

28  counted against the applicant for purposes of qualifying.

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

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

31  for a restricted species endorsement, the purchaser of such

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  1  vessel shall be exempted from the qualifying income

  2  requirement for the purpose of obtaining a restricted species

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

  4  vessel.

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

  6  possessing a restricted species endorsement, an immediate

  7  family member wishing to carry on the fishing operation shall

  8  be exempted from the qualifying income requirement for the

  9  purpose of obtaining a restricted species endorsement for a

10  period of 1 year after the death or disablement.

11         e.  A restricted species endorsement may be issued on

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

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

14  the sale of saltwater products pursuant to the provisions of

15  this paragraph.

16         f.  A permanent restricted species endorsement may also

17  be issued on an individual saltwater products license to a

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

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

20         g.(I)  Any resident who is certified to be totally and

21  permanently disabled by a verified written statement, based

22  upon the criteria for permanent total disability in chapter

23  440 from a physician licensed in this state, by any branch of

24  the United States Armed Services, by the Social Security

25  Administration, or by the United States Department of Veterans

26  Affairs or its predecessor, or by any branch of the United

27  States Armed Forces, upon proof of the same, or any resident

28  certified to be totally disabled by the United States Social

29  Security Administration, upon proof of the same, or any

30  resident who holds a valid identification card issued by the

31  Department of Veterans' Affairs pursuant to s. 295.17, shall

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  1  be exempted from the income requirements if he or she also has

  2  held a saltwater products license for at least 3 of the last 5

  3  license years prior to the date of the disability.

  4         (II)  A Disability Award Notice issued by the United

  5  States Social Security Administration is not sufficient

  6  certification for a resident to obtain the income exemption

  7  unless the notice certifies that the resident is totally and

  8  permanently disabled.

  9

10  At least one saltwater products license bearing a restricted

11  species endorsement shall be aboard any vessel harvesting

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

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

14  vessel shall have a commercial vessel registration. This

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

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

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

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

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

20  shall be issued with each saltwater products license issued to

21  a valid boat registration number. The saltwater products

22  license decal shall be the same color as the vessel

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

24  and shall indicate the period of time such license is valid.

25  The saltwater products license decal shall be placed beside

26  the vessel registration decal and, in the case of an

27  undocumented vessel, shall be placed so that the vessel

28  registration decal lies between the vessel registration number

29  and the saltwater products license decal. Any saltwater

30  products license decal for a previous year shall be removed

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

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

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

  3  for a saltwater products license issued to a valid boat

  4  registration number. A nonresident shall pay an annual license

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

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

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

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

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

10  products license issued to a valid boat registration number.

11  Any person who sells saltwater products pursuant to this

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

13  saltwater products license must be presented to the licensed

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

15  imprint made thereof. The wholesale dealer shall keep records

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

17  of the Fish and Wildlife Conservation commission not in

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

19  the saltwater products license with a copy of the record. It

20  is unlawful for any licensed wholesale dealer to buy saltwater

21  products from any unlicensed person under the provisions of

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

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

24  licensed wholesale dealer to buy saltwater products designated

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

26  not possessing a restricted species endorsement on his or her

27  saltwater products license under the provisions of this

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

29  another licensed wholesale dealer. The commission shall be the

30  licensing agency, may contract with private persons or

31  entities to implement aspects of the licensing program, and

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  1  shall establish by rule a marine fisheries information system

  2  in conjunction with the licensing program to gather fisheries

  3  data.

  4         Section 31.  Effective July 1, 2000, paragraph (a) of

  5  subsection (2) and subsections (4) and (12) of section

  6  370.0605, Florida Statutes, are amended, and paragraph (e) is

  7  added to subsection (2) of said section, to read:

  8         370.0605  Saltwater fishing license required; fees.--

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

10         (a)1.  For a resident of the state, $12 for a 1-year

11  license.

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

13  years from the date of purchase.

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

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

16  license.

17         4.  For a combination license for a resident to take

18  freshwater fish and saltwater fish, $24 for a 1-year license.

19         5.  For a combination license for a resident to hunt

20  and to take freshwater fish and saltwater fish, $34 for a

21  1-year license.

22         6.4.  For purposes of this section, "resident" has the

23  same meaning as that found in s. 372.001.

24         (e)  The fee for a permanent saltwater fishing,

25  freshwater fishing, and hunting license for a resident 64

26  years of age or older is $12.

27         (4)  A saltwater fishing license must be issued,

28  without license fee, to any resident who is certified:

29         (a)  To be totally and permanently disabled by the

30  verified written statement which is based upon the criteria

31  for permanent total disability in chapter 440 of a physician

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  1  licensed in this state, by any branch of the United States

  2  Armed Services, by the Social Security Administration, or by

  3  the United States Department of Veterans Affairs or its

  4  predecessor, or by any branch of the United States Armed

  5  Forces, upon proof of the same.  Any license issued under this

  6  paragraph after January 1, 1997, expires, and must be reissued

  7  upon request, after 5 years and every 5 years thereafter; or

  8  who holds a valid identification card issued by the Department

  9  of Veterans' Affairs pursuant to s. 295.17.

10         (b)  To be totally disabled A Disability Award Notice

11  issued by the United States Social Security Administration,

12  upon proof of the same. Any license issued under this

13  provision after October 1,1999, expires, and must be reissued

14  upon proof of certification as provided in this paragraph,

15  after 2 years and every 2 years thereafter. is not sufficient

16  certification for obtaining a permanent fishing license under

17  this section unless the notice certifies a resident is totally

18  and permanently disabled. Any license issued after January 1,

19  1997, expires after 5 years and must be reissued, upon

20  request, every 5 years thereafter.

21         (c)  Notwithstanding any other provision of this

22  subsection, any person who has received after July 1, 1997,

23  and before July 1, 2000, a valid disability license under this

24  subsection retains the rights vested thereunder until the

25  license has expired.

26         (12)  The Fish and Wildlife Conservation commission may

27  designate by rule no more than 2 consecutive or nonconsecutive

28  days in each year as free saltwater fishing days. "Disabled

29  Angler Fishing Days." Notwithstanding any other provision of

30  this chapter, any disabled person may take saltwater marine

31  fish for noncommercial purposes on a free saltwater fishing

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  1  day Disabled Angler Fishing Day without obtaining or

  2  possessing a license or paying a license fee as prescribed in

  3  this section.  A disabled person who takes saltwater marine

  4  fish on a free saltwater fishing day Disabled Angler Fishing

  5  Day without obtaining a license or paying a fee must comply

  6  with all laws, rules, and regulations governing holders of a

  7  fishing license and all other conditions and limitations

  8  regulating the taking of saltwater marine fish as are imposed

  9  by law or rule.

10         Section 32.  Paragraph (a) of subsection (4) of section

11  370.12, Florida Statutes, is amended to read:

12         370.12  Marine animals; regulation.--

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

14         (a)  Each fiscal year the Save the Manatee Trust Fund

15  shall be available to fund an impartial scientific benchmark

16  census of the manatee population in the state. Weather

17  permitting, the study shall be conducted annually by the Fish

18  and Wildlife Conservation commission and the results shall be

19  made available to the President of the Senate, the Speaker of

20  the House of Representatives, and the Governor and Cabinet for

21  use in the evaluation and development of manatee protection

22  measures. In addition, the Save the Manatee Trust Fund shall

23  be available for annual funding of activities of public and

24  private organizations and those of the commission intended to

25  provide manatee and marine mammal protection and recovery

26  effort; manufacture and erection of informational and

27  regulatory signs; production, publication, and distribution of

28  educational materials; participation in manatee and marine

29  mammal research programs, including carcass salvage and other

30  programs; programs intended to assist the recovery of the

31  manatee as an endangered species, assist the recovery of the

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  1  endangered or threatened marine mammals, and prevent the

  2  endangerment of other species of marine mammals; and other

  3  similar programs intended to protect and enhance the recovery

  4  of the manatee and other species of marine mammals. The

  5  commission shall annually solicit advisory recommendations

  6  from the Save the Manatee Committee affiliated with the Save

  7  the Manatee Club, as identified and recognized in Executive

  8  Order 85-19, on the use of funds from the Save the Manatee

  9  Trust Fund.

10         Section 33.  Effective July 1, 2000, section 370.45,

11  Florida Statutes, is created to read:

12         370.45  Issuance of licenses or permits to take

13  freshwater aquatic life; costs; reporting.--

14         (1)  The provisions of this section shall apply to such

15  licenses or permits as are established in this chapter.

16         (2)  The commission shall issue licenses and permits

17  for taking freshwater aquatic life upon proof by the applicant

18  that she or he is entitled to such license or permit.  The

19  commission shall establish the forms for such licenses and

20  permits. Each applicant for a license, permit, or

21  authorization shall provide the applicant's social security

22  number on the application form. Disclosure of social security

23  numbers obtained through this requirement shall be limited to

24  the purpose of administration of the Title IV-D program for

25  child support enforcement and use by the commission, and as

26  otherwise provided by law.

27         (3)  Licenses and permits for the state may be sold by

28  the commission, by any tax collector in this state, or by any

29  appointed subagent.

30         (4)(a)  In addition to any license or permit fee, $1.50

31  shall be charged for each license or fish management area

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  1  permit sold. Such charge is for the purpose of, and the source

  2  from which is subtracted, all administrative costs of issuing

  3  a license or permit, including, but not limited to, printing,

  4  distribution, and credit card fees.

  5         (b)  Tax collectors may retain $1 for each license or

  6  fish management area permit sold.

  7         (5)  Licenses and permits shall be issued, without fee,

  8  to any resident who is certified:

  9         (a)  To be totally and permanently disabled by the

10  United States Department of Veterans Affairs or its

11  predecessor, or by any branch of the United States Armed

12  Forces, upon proof of the same.  Any license issued under this

13  provision after January 1, 1997, expires, and must be reissued

14  upon request, after 5 years and every 5 years thereafter; or

15         (b)  To be totally disabled by the United States Social

16  Security Administration, upon proof of same.  Any license

17  issued under this provision after October 1, 1999, expires,

18  and must be reissued upon proof of certification, after 2

19  years and every 2 years thereafter.

20         (c)  Notwithstanding any other provision of this

21  subsection, any person who has received after July 1, 1997,

22  and before July 1, 2000, a valid disability license retains

23  the rights vested thereunder until the license has expired.

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

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

26  required documentation, to the commission within 7 days

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

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

29  maintain records of all such licenses and permits which are

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

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

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  1  licenses and permits sold and for the value of all stamps

  2  reported as lost.  The tax collector shall report stolen

  3  permits to the appropriate law enforcement agency.  The tax

  4  collector shall submit a written report and a copy of the law

  5  enforcement agency's report to the commission within 5 days

  6  after discovering the theft.  The value of a validation stamp

  7  is $5.

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

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

10  value of all stamps reported as lost.  The commission may

11  adopt rules to implement this section.

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

13  tax collector shall submit to the commission all unissued

14  stamps for the previous year along with a written audit

15  report, on forms prescribed or approved by the commission, of

16  the numbers of the unissued stamps.

17         (7)  Within 30 days after the submission of the annual

18  audit report, each county tax collector shall provide the

19  commission with a written audit report on unissued, sold, and

20  voided licenses, permits, and stamps with a certified

21  reconciliation statement prepared by a certified public

22  accountant.  Concurrent with the submission of the

23  certification, the county tax collector shall remit to the

24  commission the monetary value of all licenses, permits, and

25  stamps that are unaccounted for.  Each tax collector is also

26  responsible for fees for all licenses, permits, and stamps

27  distributed by the tax collector to subagents, sold by the tax

28  collector, or reported by the tax collector as lost.

29         Section 34.  Effective July 1, 2000, section 370.46,

30  Florida Statutes, is created to read:

31

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  1         370.46  Licenses and permits; exemptions; fees.--No

  2  person, except as provided in this section, shall take

  3  freshwater fish within this state without having first

  4  obtained a license, permit, or authorization and paid the fees

  5  set forth in this section, unless such license is issued

  6  without fee as provided in s. 370.45. Such license, permit, or

  7  authorization shall authorize the person to whom it is issued

  8  to take freshwater fish in accordance with law and commission

  9  rules. Such license, permit, or authorization is not

10  transferable.  Each license or permit must bear on its face in

11  indelible ink the name of the person to whom it is issued and

12  other information requested by the commission. Such license,

13  permit, or authorization issued by the commission or any agent

14  must be in the personal possession of the person to whom

15  issued while taking freshwater fish.  The failure of such

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

17  the commission or its wildlife officers when such person is

18  found taking freshwater fish is a violation of law.  A

19  positive form of identification is required when using an

20  authorization, a lifetime license, or a 5-year license, or

21  when otherwise required by the license or permit.  The

22  lifetime licenses and 5-year licenses provided for in this

23  section shall be embossed with the name, date of birth, date

24  of issuance, and other pertinent information as deemed

25  necessary by the commission.  A certified copy of the

26  applicant's birth certificate shall accompany each application

27  for a lifetime license for a resident 12 years of age or

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

29  authorization shall provide the applicant's social security

30  number on the application form. Disclosure of social security

31  numbers obtained through this requirement shall be limited to

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

  2  enforcement program and use by the commission, and as

  3  otherwise provided by law.

  4         (1)  A license or permit is not required for:

  5         (a)  Any child under 16 years of age, except as

  6  otherwise provided in this chapter.

  7         (b)  Any person freshwater fishing in the person's

  8  county of residence on the person's homestead or the homestead

  9  of the person's spouse or minor child, or any minor child

10  freshwater fishing on the homestead of her or his parent.

11         (c)  Any resident who is a member of the Armed Forces

12  of the United States, who is not stationed in this state, when

13  home on leave for 30 days or less, upon submission of orders.

14         (d)  Any resident when freshwater fishing with live or

15  natural bait, using poles or lines which are not equipped with

16  a fishing line retrieval mechanism, and freshwater fishing for

17  noncommercial purposes in the county of her or his residence,

18  except on legally established fish management areas.  This

19  paragraph may be cited as the "Dempsey J. Barron, W. D.

20  Childers, and Joe Kershaw Cane Pole Tax Repeal Act of 1976."

21         (e)  Any person fishing in a fish pond of 20 acres or

22  less which is located entirely within the private property of

23  the fish pond owner.

24         (f)  Any person fishing in a fish pond which is

25  licensed in accordance with s. 372.5705.

26         (g)  Any person freshwater fishing who has been

27  accepted as a client for developmental services by the

28  Department of Children and Family Services, which department

29  shall furnish such person proof thereof.

30         (h)  Any resident 65 years of age or older who has in

31  her or his possession proof of age and residency.  A free

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  1  license may be obtained from any tax collector's office upon

  2  proof of age and residency.

  3         (2)  For residents and nonresidents, the license and

  4  fees for noncommercial fishing in this state, and the activity

  5  authorized thereby, are as follows:

  6         (a)  A fishing license for a resident to take

  7  freshwater fish in this state is $12.

  8         (b)  A fishing license for a nonresident to take

  9  freshwater fish in this state for 7 consecutive days is $15.

10         (c)  A combination license for a resident to take

11  freshwater fish and saltwater fish is $24 for a 1-year

12  license.

13         (d)  A fishing license for a nonresident to take

14  freshwater fish in this state is $30.

15         (e)  A combination fishing and hunting license for a

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

17  $22.

18         (f)  A combination license for a resident to hunt and

19  to take freshwater fish and saltwater fish is $34 for a 1-year

20  license.

21         (g)  A sportsman's license for a resident is $66. The

22  sportsman's license authorizes the holder to take freshwater

23  fish and game, subject to state and federal laws, rules, and

24  regulations, including rules of the commission, in effect at

25  the time of taking, and authorizes the same activities

26  authorized by a management area permit, a muzzle-loading gun

27  permit, a turkey permit, a Florida waterfowl permit, and an

28  archery permit.  A nonresident may not purchase a sportsman's

29  license.

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

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

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  1  and recreational uses, and the activities authorized thereby,

  2  are:

  3         (a)1.  Management area permits to fish or otherwise use

  4  for outdoor recreational purposes land owned, leased, or

  5  managed by the commission or the state for the use and benefit

  6  of the commission, up to $25 annually.  Permits and fees for

  7  short-term use of land owned, leased, or managed by the

  8  commission may be established by rule of the commission for

  9  any activity on such lands.  Such permits and fees may be in

10  lieu of or in addition to the annual management area permit.

11  Other than for fishing, the provisions of this subparagraph

12  shall not apply on any lands not owned by the commission,

13  unless the commission has obtained the written consent of the

14  owner or primary custodian of such lands.

15         2.  A recreational user permit fee to fish or otherwise

16  use for outdoor recreational purposes land leased by the

17  commission from private nongovernmental owners, except for

18  those lands located directly north of the Apalachicola

19  National Forest, east of the Ochlockonee River until the point

20  the river meets the dam forming Lake Talquin, and south of the

21  closest federal highway.  The fee for this permit shall be

22  based upon economic compensation desired by the landowner,

23  fish population levels, and administrative costs. The permit

24  fee shall be set by commission rule on a per-acre basis. On

25  property currently in the private landowner payment program,

26  the prior year's landowner payment shall be used to augment

27  the recreational user permit fee so as to decrease the permit

28  fee for the users of that property.  The spouse and dependent

29  children of a permittee are exempt from the recreational user

30  permit fee when engaged in outdoor recreational activities

31  other than hunting in the company of the

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  1  permittee.  Notwithstanding any other provision of this

  2  chapter, there are no other exclusions, exceptions, or

  3  exemptions from this permit fee. The recreational user permit

  4  fee, less an administrative permit fee of up to $25 per

  5  permit, shall be remitted to the landowner as provided in the

  6  lease agreement for each area.

  7         (b)  A special use permit for limited-entry fishing,

  8  where such fishing is authorized by commission rule, shall be

  9  up to $100 per day but shall not exceed $250 per week.

10  Notwithstanding any other provision of this chapter, there are

11  no exclusions, exceptions, or exemptions from this fee. In

12  addition to the fee, the commission may charge each applicant

13  for a special use permit a nonrefundable application fee of up

14  to $10.

15         (c)  The fee for a permanent hunting, freshwater

16  fishing, and saltwater and fishing license for a resident 64

17  years of age or older is $12.

18         (4)  The commission is authorized to reduce the fees

19  for licenses and permits under this section for residents of

20  those states with which the commission has entered into

21  reciprocal agreements with respect to such fees.

22         (5)  The commission may designate by rule no more than

23  2 consecutive or nonconsecutive days in each year as free

24  fishing days. Notwithstanding any other provision of this

25  chapter, any person may take freshwater fish for noncommercial

26  purposes on a free fishing day without obtaining or possessing

27  a license or paying a license fee as prescribed in this

28  section.  A person who takes freshwater fish on a free fishing

29  day without obtaining a license or paying a fee must comply

30  with all laws, rules, and regulations governing holders of a

31  fishing license and all other conditions and limitations

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  1  regulating the taking of freshwater fish as are imposed by law

  2  or rule.

  3         (6)  A resident lifetime sportsman's license authorizes

  4  the holder to engage in the following noncommercial

  5  activities:

  6         (a)  To take or attempt to take or possess freshwater

  7  fish, marine fish, and game, consistent with state and federal

  8  laws, rules, and regulations, including rules of the

  9  commission, in effect at the time of taking.

10         (b)  All activities authorized by a management area

11  permit, a muzzle-loading gun permit, a turkey permit, an

12  archery permit, a Florida waterfowl permit, a snook permit,

13  and a crawfish permit.

14         (7)  The fee for a resident lifetime sportsman's

15  license is:

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

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

18         (c)  13 years of age or older....................$1,000

19         (8)  A resident lifetime freshwater fishing license

20  authorizes the holder to engage in the following noncommercial

21  activities:

22         (a)  To take or attempt to take or possess freshwater

23  fish consistent with state and federal laws, rules, and

24  regulations, including rules of the commission, in effect at

25  the time of taking.

26         (b)  All activities authorized by a management area

27  permit, excluding hunting.

28         (9)  The fee for a resident lifetime freshwater fishing

29  license is:

30         (a)  4 years of age or younger.....................$125

31         (b)  5-12 years of age.............................$225

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  1         (c)  13 years of age or older......................$300

  2         (10)  Fees collected pursuant to s. 370.0605(2) for

  3  5-year saltwater fishing licenses, fees collected pursuant to

  4  s. 370.0605(6)(e) for replacement 5-year and lifetime

  5  licenses, fees collected pursuant to s. 370.0615 for lifetime

  6  saltwater fishing licenses, and 30 percent of the fee for the

  7  lifetime sportsman's license shall be transferred within 30

  8  days following the last day of the month in which the license

  9  fees were received by the commission to the Marine Resources

10  Conservation Trust Fund.

11         (11)  The following 5-year licenses are authorized:

12         (a)  A 5-year freshwater fishing license for a resident

13  to take or attempt to take or possess freshwater fish in this

14  state for 5 consecutive years is $60 and authorizes the holder

15  to engage in noncommercial activities to take or attempt to

16  take or possess freshwater fish consistent with state and

17  federal laws, rules, and regulations, including rules of the

18  commission, in effect at the time of taking.

19         (12)  Proceeds from the sale of 5-year licenses as

20  provided in this chapter shall be deposited into the Dedicated

21  License Trust Fund. One-fifth of the total proceeds derived

22  from the sale of 5-year licenses and replacement 5-year

23  licenses, and all interest derived therefrom, shall be

24  available for appropriation annually.

25         Section 35.  Effective July 1, 2000, section 372.561,

26  Florida Statutes, is amended to read:

27         372.561  Issuance of licenses to take wild animal life

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

29         (1)  The provisions of this section shall apply to such

30  licenses or permits as are established in s. 372.57.

31

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  1         (2)  The commission shall issue licenses and permits to

  2  take wild animal life or freshwater aquatic life upon proof by

  3  the applicant for licensure that she or he is entitled to such

  4  license or permit.  The commission shall establish the forms

  5  for such licenses and permits. Each applicant for a license,

  6  permit, or authorization shall provide the applicant's social

  7  security number on the application form. Disclosure of social

  8  security numbers obtained through this requirement shall be

  9  limited to the purpose of administration of the Title IV-D

10  program for child support enforcement and use by the

11  commission, and as otherwise provided by law.

12         (3)  Licenses and permits for the state may be sold by

13  the commission, by any tax collector in this state, or by any

14  appointed subagent.

15         (4)(a)  In addition to any license or permit fee, the

16  sum of $1.50 shall be charged for each license or management

17  area permit sold.  Such charge is for the purpose of, and the

18  source from which is subtracted, all administrative costs of

19  issuing a license or permit, including, but not limited to,

20  printing, distribution, and credit card fees.

21         (b)  Tax collectors may retain $1 for each license or

22  management area permit sold.

23         (5)  Hunting and fishing licenses and permits shall be

24  issued, without fee, to any resident who is certified:

25         (a)  To be totally and permanently disabled by the

26  United States Department of Veterans Affairs or its

27  predecessor, or by the United States Social Security

28  Administration, by any branch of the United States Armed

29  Forces, or by the verified written statement which is based

30  upon the criteria for permanent and total disability in

31  chapter 440 of a physician licensed in this state or who holds

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  1  a valid identification card issued under the provisions of s.

  2  295.17, upon proof of the same.  Any license issued under this

  3  paragraph after January 1, 1997, expires, and must be reissued

  4  upon request, after 5 years and must be reissued, upon

  5  request, every 5 years thereafter; or.

  6         (b)  To be totally disabled A Disability Award Notice

  7  issued by the United States Social Security Administration,

  8  upon proof of the same. Any license issued under this

  9  provision after October 1, 1999, expires, and must be reissued

10  upon proof of certification as provided in this paragraph,

11  after 2 years and every 2 years thereafter is not sufficient

12  certification for obtaining a permanent hunting and fishing

13  license under this section unless said form certifies a

14  resident is totally and permanently disabled.

15         (c)  Notwithstanding any other provision of this

16  subsection, any person who has received after July 1, 1997,

17  and before July 1, 2000, a valid disability license issued

18  under this subsection retains the rights vested thereunder

19  until the license has expired.

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

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

22  required documentation, to the commission within 7 days

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

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

25  maintain records of all such licenses and permits which are

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

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

28  licenses and permits sold and for the value of all stamps

29  reported as lost.  The tax collector shall report stolen

30  permits to the appropriate law enforcement agency.  The tax

31  collector shall submit a written report and a copy of the law

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  1  enforcement agency's report to the commission within 5 days

  2  after discovering the theft.  The value of a validation stamp

  3  is $5.

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

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

  6  value of all stamps reported as lost.  The commission may

  7  adopt rules to implement this section.

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

  9  tax collector shall submit to the commission all unissued

10  stamps for the previous year along with a written audit

11  report, on forms prescribed or approved by the commission, of

12  the numbers of the unissued stamps.

13         (7)  Within 30 days after the submission of the annual

14  audit report, each county tax collector shall provide the

15  commission with a written audit report on unissued, sold, and

16  voided licenses, permits, and stamps with a certified

17  reconciliation statement prepared by a certified public

18  accountant.  Concurrent with the submission of the

19  certification, the county tax collector shall remit to the

20  commission the monetary value of all licenses, permits, and

21  stamps that are unaccounted for.  Each tax collector is also

22  responsible for fees for all licenses, permits, and stamps

23  distributed by him or her to subagents, sold by him or her, or

24  reported by him or her as lost.

25         Section 36.  Effective July 1, 2000, section 372.57,

26  Florida Statutes, is amended to read:

27         372.57  Licenses and permits; exemptions; fees.--No

28  person, except as provided herein, shall take game, freshwater

29  fish, or fur-bearing animals within this state without having

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

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

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

  2  or authorization shall authorize the person to whom it is

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17  5-year license, or when otherwise required by the license or

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

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

20  date of issuance, and other pertinent information as deemed

21  necessary by the commission.  A certified copy of the

22  applicant's birth certificate shall accompany each application

23  all applications for a lifetime license for a resident

24  residents 12 years of age or and younger. Each applicant for a

25  license, permit, or authorization shall provide the

26  applicant's social security number on the application form.

27  Disclosure of social security numbers obtained through this

28  requirement shall be limited to the purpose of administration

29  of the Title IV-D child support enforcement program and use by

30  the commission, and as otherwise provided by law.

31         (1)  A license or permit is not required for:

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  1         (a)  Any child under 16 years of age except as

  2  otherwise provided in this chapter.

  3         (b)  Any person hunting or fishing in the person's

  4  county of residence on the person's homestead or the homestead

  5  of the person's spouse or minor child, or any minor child

  6  hunting or fishing on the homestead of her or his parent.

  7         (c)  Any resident who is a member of the Armed Forces

  8  of the United States, who is not stationed in this state, when

  9  home on leave for 30 days or less, upon submission of orders.

10         (d)  Any resident when fishing with live or natural

11  bait, using poles or lines which are not equipped with a

12  fishing line retrieval mechanism, and fishing for

13  noncommercial purposes in the county of her or his residence,

14  except on legally established fish management areas.  This

15  paragraph, as amended by chapter 76-156, Laws of Florida, may

16  be cited as the "Dempsey J. Barron, W. D. Childers, and Joe

17  Kershaw Cane Pole Tax Repeal Act of 1976."

18         (e)  Any person fishing in a fish pond of 20 acres or

19  less which is located entirely within the private property of

20  the fish pond owner.

21         (f)  Any person fishing in a fish pond which is

22  licensed in accordance with s. 372.5705.

23         (g)  Any person fishing who has been accepted as a

24  client for developmental services by the Department of

25  Children and Family Services, which department shall furnish

26  such person proof thereof.

27         (d)(h)  Any resident 65 years of age or older who has

28  in her or his possession proof of age and residency.  A free

29  license may be obtained from any tax collector's office upon

30  proof of age and residency.

31

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  1         (2)  For residents and nonresidents, the license and

  2  fees for noncommercial fishing and for hunting and trapping in

  3  this state, and the activity authorized thereby, are as

  4  follows:

  5         (a)  A fishing license for a resident to take

  6  freshwater fish in this state is $12.

  7         (b)  A fishing license for a nonresident to take

  8  freshwater fish in this state for 7 consecutive days is $15.

  9         (c)  A fishing license for a nonresident to take

10  freshwater fish in this state is $30.

11         (a)(e)  A hunting license for a resident to take game

12  in this state is $11.

13         (b)(f)  A hunting license for a nonresident to take

14  game in this state is $150.

15         (c)(g)  A hunting license for a nonresident to take

16  game in this state for 10 consecutive days is $25.

17         (d)(h)  A license for a resident and nonresident to

18  take fur-bearing animals in this state is $25.

19         (e)(d)  A combination fishing and hunting license for a

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

21  $22.

22         (f)  A combination license for a resident to hunt and

23  to take freshwater fish and saltwater fish is $34 for a 1-year

24  license.

25         (g)  A permanent hunting, freshwater fishing, and

26  saltwater fishing license for a resident 64 years of age or

27  older is $12.

28         (h)(i)  A sportsman's license for a resident is $66.

29  The sportsman's license authorizes the holder to take

30  freshwater fish and game, subject to state and federal laws,

31  rules, and regulations, including and rules of the commission,

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  1  in effect at the time of taking, and authorizes the same

  2  activities authorized by a management area permit, a

  3  muzzle-loading gun permit, a turkey permit, a Florida

  4  waterfowl permit, and an archery permit.  A nonresident may

  5  not purchase a sportsman's license.

  6         (3)  A resident or nonresident taking fur-bearing

  7  animals by the use of guns or dogs only and not by the use of

  8  traps or other devices, and not for commercial purposes, who

  9  has purchased the license provided for hunting in this

10  section, received a no-cost license, or is exempt from the

11  license requirements of this chapter is not required to

12  purchase a the license provided in paragraph (2)(h).  A

13  resident who is age 65 or older is not required to purchase a

14  the license provided in paragraph (2)(h).

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

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

17  fishing, and recreational uses, and the activities authorized

18  thereby, are:

19         (a)  A Florida waterfowl permit to take wild ducks or

20  geese within this state or its coastal waters is $3.

21         (b)1.  Management area permits to hunt, fish, or

22  otherwise use for outdoor recreational purposes, land owned,

23  leased, or managed by the commission or the state of Florida

24  for the use and benefit of the commission, up to $25 annually.

25  Permits, and fees thereof, for short-term use of land which is

26  owned, leased, or managed by the commission may be established

27  by rule of the commission for any activity on such lands.

28  Such permits and fees may be in lieu of or in addition to the

29  annual management area permit. Other than for hunting or

30  fishing, the provisions of this subparagraph paragraph shall

31  not apply on any lands not owned by the commission, unless the

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  1  commission shall have obtained the written consent of the

  2  owner or primary custodian of such lands.

  3         2.  A recreational user permit fee to hunt, fish, or

  4  otherwise use for outdoor recreational purposes, land leased

  5  by the commission from private nongovernmental owners, except

  6  for those lands located directly north of the Apalachicola

  7  National Forest, east of the Ochlockonee River until the point

  8  the river meets the dam forming Lake Talquin, and south of the

  9  closest federal highway.  The fee for this permit shall be

10  based upon economic compensation desired by the landowner,

11  game population levels, desired hunter density, and

12  administrative costs. The permit fee shall be set by

13  commission rule on a per-acre basis. On property currently in

14  the private landowner payment program, the prior year's

15  landowner payment shall be used to augment the recreational

16  user permit fee so as to decrease the permit fee for the users

17  of that property. One minor dependent child, 16 years old or

18  under, per permittee may hunt under the supervision of the

19  permittee and is exempt from the permit fee. The spouse and

20  dependent children of a permittee are exempt from the permit

21  fee when engaged in outdoor recreational activities other than

22  hunting in the company of the permittee. Notwithstanding any

23  other provision of this chapter, there are no other

24  exclusions, exceptions, or exemptions from this permit fee.

25  The recreational user permit fee, less an administrative

26  permit fee of up to $25 per permit, shall be remitted to the

27  landowner as provided in the lease agreement for each area.

28         (c)  A muzzle-loading gun permit to hunt within this

29  state with a muzzle-loading gun during those game seasons in

30  which hunting with a modern firearm is not allowed is $5.

31

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  1         (d)  An archery permit to hunt within this state with a

  2  bow and arrow during those game seasons in which hunting with

  3  a firearm is not allowed is $5.

  4         (e)  A Florida turkey permit to take wild turkeys

  5  within this state is $5.

  6         (f)  A special use permit for limited entry hunting or

  7  fishing, where such hunting or fishing is authorized by

  8  commission rule, shall be up to $100 per day but shall not

  9  exceed $250 per week. Notwithstanding any other provision of

10  this chapter, there are no exclusions, exceptions, or

11  exemptions from this fee. In addition to the fee, the

12  commission may charge each applicant for a special use permit

13  a nonrefundable application fee of up to $10.

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

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

16         (5)  The commission is authorized to reduce the fees

17  for licenses and permits under this section for residents of

18  those states with which the commission has entered into

19  reciprocal agreements with respect to such fees.

20         (6)  The commission may designate by rule no more than

21  2 consecutive or nonconsecutive days in each year as free

22  fishing days. Notwithstanding any other provision of this

23  chapter, any person may take freshwater fish for noncommercial

24  purposes on a free fishing day without obtaining or possessing

25  a license or paying a license fee as prescribed in this

26  section.  A person who takes freshwater fish on a free fishing

27  day without obtaining a license or paying a fee must comply

28  with all laws and regulations governing holders of a fishing

29  license and all other conditions and limitations regulating

30  the taking of freshwater fish as are imposed by law or rule.

31

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  1         (6)(7)  A resident lifetime sportsman's 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, saltwater marine fish, and game, consistent with state

  6  and federal laws, rules, and regulations, including and rules

  7  of the commission, in effect at the time of taking.

  8         (b)  All activities authorized by a management area

  9  permit, a muzzle-loading gun permit, a turkey permit, an

10  archery permit, a Florida waterfowl permit, a snook permit,

11  and a crawfish permit.

12         (7)(8)  The fee for a resident lifetime sportsman's

13  license is:

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

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

16         (c)  13 years of age or older....................$1,000

17         (8)(9)  A resident lifetime hunting license authorizes

18  the holder to engage in the following noncommercial

19  activities:

20         (a)  To take or attempt to take or possess game

21  consistent with state and federal laws, rules, and

22  regulations, including and rules of the commission, in effect

23  at the time of taking.

24         (b)  All activities authorized by a management area

25  permit, excluding fishing, a muzzle-loading gun permit, a

26  turkey permit, an archery permit, and a Florida waterfowl

27  permit.

28         (9)(10)  The fee for a resident lifetime hunting

29  license is shall be:

30         (a)  4 years of age or younger.....................$200

31         (b)  5-12 years of age.............................$350

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  1         (c)  13 years of age or older......................$500

  2         (11)  A resident lifetime freshwater fishing license

  3  authorizes the holder to engage in the following noncommercial

  4  activities:

  5         (a)  To take or attempt to take or possess freshwater

  6  fish consistent with state and federal regulations and rules

  7  of the commission in effect at the time of taking.

  8         (b)  All activities authorized by a management area

  9  permit, excluding hunting.

10         (12)  The fee for a resident lifetime freshwater

11  fishing license shall be:

12         (a)  4 years of age or younger.....................$125

13         (b)  5-12 years of age.............................$225

14         (c)  13 years of age or older......................$300

15         (13)  Fees collected pursuant to s. 370.0605(2) for

16  5-year saltwater fishing licenses, fees collected pursuant to

17  s. 370.0605(6)(e) for replacement 5-year and lifetime

18  licenses, fees collected pursuant to s. 370.0615 for lifetime

19  saltwater fishing licenses, and 30 percent of the fee for the

20  lifetime sportsman's license shall be transferred within 30

21  days following the last day of the month in which the license

22  fees were received by the commission to the Marine Resources

23  Conservation Trust Fund.

24         (14)  The following 5-year licenses are authorized:

25         (a)  A 5-year freshwater fishing license for a resident

26  to take or attempt to take or possess freshwater fish in this

27  state for 5 consecutive years is $60 and authorizes the holder

28  to engage in noncommercial activities to take or attempt to

29  take or possess freshwater fish consistent with state and

30  federal regulations and rules of the commission in effect at

31  the time of taking.

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  1         (10)(b)  A 5-year hunting license for a resident to

  2  take or attempt to take or possess game in this state for 5

  3  consecutive years is $55 and authorizes the holder to engage

  4  in noncommercial activities to take or attempt to take or

  5  possess game consistent with state and federal laws, rules,

  6  and regulations, including and rules of the commission, in

  7  effect at the time of taking.

  8         (11)(15)  Proceeds from the sale of 5-year licenses as

  9  provided in this chapter shall be deposited into the Dedicated

10  License Trust Fund. One-fifth of the total proceeds derived

11  from the sale of 5-year licenses and, replacement 5-year

12  licenses, and all interest derived therefrom, shall be

13  available for appropriation annually.

14         Section 37.  Section 372.571, Florida Statutes, is

15  amended to read:

16         372.571  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. 372.57 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. 372.57 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  372.57(2)(c)(b) or (g), which is valid for the period

28  specified on the license.  A resident lifetime license or a

29  resident 5-year license that has been purchased by a resident

30  of this state and who subsequently resides in another state

31  shall be honored for activities authorized by that license.

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  1         Section 38.  Subsection (1) of section 372.5712,

  2  Florida Statutes, is amended to read:

  3         372.5712  Florida waterfowl permit revenues.--

  4         (1)  The commission shall expend the revenues generated

  5  from the sale of the Florida waterfowl permit as provided in

  6  s. 372.57(4)(a) or that pro rata portion of any license that

  7  includes waterfowl hunting privileges, as provided in s.

  8  372.57(2)(h)(i) and (10)(14)(b) as follows:  A maximum of 5

  9  percent of the gross revenues shall be expended for

10  administrative costs; a maximum of 25 percent of the gross

11  revenues shall be expended for waterfowl research approved by

12  the commission; and a maximum of 70 percent of the gross

13  revenues shall be expended for projects approved by the

14  commission, in consultation with the Waterfowl Advisory

15  Council, for the purpose of protecting and propagating

16  migratory waterfowl and for the development, restoration,

17  maintenance, and preservation of wetlands within the state.

18         Section 39.  Subsection (1) of section 372.5715,

19  Florida Statutes, is amended to read:

20         372.5715  Florida wild turkey permit revenues.--

21         (1)  The commission shall expend the revenues generated

22  from the sale of the turkey permit as provided for in s.

23  372.57(4)(e) or that pro rata portion of any license that

24  includes turkey hunting privileges as provided for in s.

25  372.57(2)(h)(i) and (10)(14)(b) for research and management of

26  wild turkeys.

27         Section 40.  Section 372.573, Florida Statutes, is

28  amended to read:

29         372.573  Management area permit revenues.--The

30  commission shall expend the revenue generated from the sale of

31  the management area permit as provided for in s. 372.57(4)(b)

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  1  or that pro rata portion of any license that includes

  2  management area privileges as provided for in s.

  3  372.57(2)(h)(i) and (10)(14)(b) for the lease, management, and

  4  protection of lands for public hunting, fishing, and other

  5  outdoor recreation.

  6         Section 41.  Paragraph (a) of subsection (1) of section

  7  372.65, Florida Statutes, is amended to read:

  8         372.65  Freshwater fish dealer's license.--

  9         (1)  No person shall engage in the business of taking

10  for sale or selling any frogs or freshwater fish, including

11  live bait, of any species or size, or importing any exotic or

12  nonindigenous fish, until such person has obtained a license

13  and paid the fee therefor as set forth herein.  The license

14  issued shall be in the possession of the person to whom issued

15  while such person is engaging in the business of taking for

16  sale or selling freshwater fish or frogs, is not transferable,

17  shall bear on its face in indelible ink the name of the person

18  to whom it is issued, and shall be affixed to a license

19  identification card issued by the commission.  Such license is

20  not valid unless it bears the name of the person to whom it is

21  issued and is so affixed. The failure of such person to

22  exhibit such license to the commission or any of its wildlife

23  officers when such person is found engaging in such business

24  is a violation of law.  The license fees and activities

25  permitted under particular licenses are as follows:

26         (a)  The fee for a resident commercial fishing license,

27  which permits a resident to take freshwater fish or frogs by

28  any lawful method prescribed by the commission and to sell

29  such fish or frogs, shall be $25.  The license provided for in

30  this paragraph shall also allow noncommercial fishing as

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  1  provided by law and commission rules, and the license in s.

  2  370.46 372.57(2)(a) shall not be required.

  3         Section 42.  Section 372.66, Florida Statutes, is

  4  amended to read:

  5         372.66  License required for fur and hide dealers.--

  6         (1)  It is unlawful for any person to engage in the

  7  business of a dealer or buyer in alligator skins or green or

  8  dried furs in the state or purchase such skins within the

  9  state until such person has been licensed as herein provided.

10         (2)  Any resident dealer or buyer who solicits business

11  through the mails, or by advertising, or who travels to buy or

12  employs or has other agents or buyers, shall be deemed a

13  resident state dealer and must shall be required to pay a

14  license fee of $100 per annum and shall pay an agent's license

15  fee of $5 per annum for each agent or traveling buyer employed

16  by or buying for such licensed state dealer.

17         (3)  Any resident dealer or buyer who does not solicit

18  by mail, advertise, travel to buy or employ or have agents or

19  traveling buyers shall be deemed a resident local dealer and

20  shall be required to pay a license fee of $10 per annum.

21         (3)(4)  A nonresident dealer or buyer must shall be

22  required to pay a license fee of $500 per annum and shall pay

23  a license fee of $100 per annum for each agent, resident buyer

24  or traveling buyer employed by or buying for or acting as

25  agent for such nonresident buyer.

26         (5)  All agents' licenses shall be applied for by, and

27  issued to, a resident state dealer or nonresident dealer and

28  shall show name and residence of such agent and shall be in

29  possession of such agent at all times when engaged in buying

30  furs or hides. Application for such licenses shall be made to

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  1  the Fish and Wildlife Conservation Commission on blanks

  2  furnished by it.

  3         (4)(6)  All dealers and buyers shall forward to the

  4  Fish and Wildlife Conservation Commission each 2 weeks during

  5  open season a report showing number and kind of hides bought

  6  and name of trapper from whom bought and the trapper's license

  7  number, or if trapper is exempt from license under any of the

  8  provisions of this chapter, such report shall show the nature

  9  of such exemption.  No common carrier shall knowingly ship or

10  transport or receive for transportation any hides or furs

11  unless such shipments have marked thereon name of shipper and

12  the number of her or his fur-animal license or fur dealer's

13  license.

14         Section 43.  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 (h)(e), (f),

21  (g), and (i), (4)(a), (c), (d), and (e), (6), (8), and (10)

22  (7), (9), and (14)(b) while hunting on the licensed preserve

23  property, shall be $500. Such commercial hunting preserve

24  license shall be available only to those private hunting

25  preserves licensed pursuant to this section which are operated

26  exclusively for commercial purposes, which are open to the

27  public, and for which a uniform fee is charged to patrons for

28  hunting privileges.

29         Section 44.  Paragraph (h) of subsection (1) of section

30  372.83, Florida Statutes, is amended to read:

31

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  1         372.83  Noncriminal infractions; criminal penalties;

  2  suspension and revocation of licenses and permits.--

  3         (1)  A person is guilty of a noncriminal infraction,

  4  punishable as provided in s. 372.711, if she or he violates

  5  any of the following provisions:

  6         (h)  Section 372.57, relating to hunting, fishing, and

  7  trapping licenses.

  8

  9  A person who fails to pay the civil penalty specified in s.

10  372.711 within 30 days after being cited for a noncriminal

11  infraction or to appear before the court pursuant to that

12  section is guilty of a misdemeanor of the second degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         Section 45.  Subsection (6) of section 316.193, Florida

15  Statutes, is amended to read:

16         316.193  Driving under the influence; penalties.--

17         (6)  With respect to any person convicted of a

18  violation of subsection (1), regardless of any penalty imposed

19  pursuant to subsection (2), subsection (3), or subsection (4):

20         (a)  For the first conviction, the court shall place

21  the defendant on probation for a period not to exceed 1 year

22  and, as a condition of such probation, shall order the

23  defendant to participate in public service or a community work

24  project for a minimum of 50 hours; or the court may order

25  instead, that any defendant pay an additional fine of $10 for

26  each hour of public service or community work otherwise

27  required, if, after consideration of the residence or location

28  of the defendant at the time public service or community work

29  is required, payment of the fine is in the best interests of

30  the state. However, the total period of probation and

31  incarceration may not exceed 1 year. The court must also, as a

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  1  condition of probation, order the impoundment or

  2  immobilization of the vehicle that was operated by or in the

  3  actual control of the defendant or any one vehicle registered

  4  in the defendant's name at the time of impoundment or

  5  immobilization, for a period of 10 days or for the unexpired

  6  term of any lease or rental agreement that expires within 10

  7  days. The impoundment or immobilization must not occur

  8  concurrently with the incarceration of the defendant.  The

  9  impoundment or immobilization order may be dismissed in

10  accordance with paragraph (e), paragraph (f), or paragraph

11  (g).

12         (b)  For the second conviction for an offense that

13  occurs within a period of 5 years after the date of a prior

14  conviction for violation of this section, the court shall

15  order imprisonment for not less than 10 days. The court must

16  also, as a condition of probation, order the impoundment or

17  immobilization of the vehicle that was operated by or in the

18  actual control of the defendant or any one vehicle registered

19  in the defendant's name at the time of impoundment or

20  immobilization, for a period of 30 days or for the unexpired

21  term of any lease or rental agreement that expires within 30

22  days. The impoundment or immobilization must not occur

23  concurrently with the incarceration of the defendant.  The

24  impoundment or immobilization order may be dismissed in

25  accordance with paragraph (e), paragraph (f), or paragraph

26  (g).  At least 48 hours of confinement must be consecutive.

27         (c)  For the third or subsequent conviction for an

28  offense that occurs within a period of 10 years after the date

29  of a prior conviction for violation of this section, the court

30  shall order imprisonment for not less than 30 days. The court

31  must also, as a condition of probation, order the impoundment

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  1  or immobilization of the vehicle that was operated by or in

  2  the actual control of the defendant or any one vehicle

  3  registered in the defendant's name at the time of impoundment

  4  or immobilization, for a period of 90 days or for the

  5  unexpired term of any lease or rental agreement that expires

  6  within 90 days. The impoundment or immobilization must not

  7  occur concurrently with the incarceration of the defendant.

  8  The impoundment or immobilization order may be dismissed in

  9  accordance with paragraph (e), paragraph (f), or paragraph

10  (g). At least 48 hours of confinement must be consecutive.

11         (d)  The court must at the time of sentencing the

12  defendant issue an order for the impoundment or immobilization

13  of a vehicle. Within 7 business days after the date that the

14  court issues the order of impoundment or immobilization, the

15  clerk of the court must send notice by certified mail, return

16  receipt requested, to the registered owner of each vehicle, if

17  the registered owner is a person other than the defendant, and

18  to each person of record claiming a lien against the vehicle.

19         (e)  A person who owns but was not operating the

20  vehicle when the offense occurred may submit to the court a

21  police report indicating that the vehicle was stolen at the

22  time of the offense or documentation of having purchased the

23  vehicle after the offense was committed from an entity other

24  than the defendant or the defendant's agent. If the court

25  finds that the vehicle was stolen or that the sale was not

26  made to circumvent the order and allow the defendant continued

27  access to the vehicle, the order must be dismissed and the

28  owner of the vehicle will incur no costs. If the court denies

29  the request to dismiss the order of impoundment or

30  immobilization, the petitioner may request an evidentiary

31  hearing.

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  1         (f)  A person who owns but was not operating the

  2  vehicle when the offense occurred, and whose vehicle was

  3  stolen or who purchased the vehicle after the offense was

  4  committed directly from the defendant or the defendant's

  5  agent, may request an evidentiary hearing to determine whether

  6  the impoundment or immobilization should occur. If the court

  7  finds that either the vehicle was stolen or the purchase was

  8  made without knowledge of the offense, that the purchaser had

  9  no relationship to the defendant other than through the

10  transaction, and that such purchase would not circumvent the

11  order and allow the defendant continued access to the vehicle,

12  the order must be dismissed and the owner of the vehicle will

13  incur no costs.

14         (g)  The court shall also dismiss the order of

15  impoundment or immobilization of the vehicle if the court

16  finds that the family of the owner of the vehicle has no other

17  private means of transportation.

18         (h)  All costs and fees for the impoundment or

19  immobilization, including the cost of notification, must be

20  paid by the owner of the vehicle or, if the vehicle is leased

21  or rented, by the person leasing or renting the vehicle,

22  unless the impoundment or immobilization order is dismissed.

23  All provisions of s. 713.78 shall apply.

24         (i)  The person who owns a vehicle that is impounded or

25  immobilized under this paragraph, or a person who has a lien

26  of record against such a vehicle and who has not requested a

27  review of the impoundment pursuant to paragraph (e), paragraph

28  (f), or paragraph (g), may, within 10 days after the date that

29  person has knowledge of the location of the vehicle, file a

30  complaint in the county in which the owner resides to

31  determine whether the vehicle was wrongfully taken or withheld

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  1  from the owner or lienholder. Upon the filing of a complaint,

  2  the owner or lienholder may have the vehicle released by

  3  posting with the court a bond or other adequate security equal

  4  to the amount of the costs and fees for impoundment or

  5  immobilization, including towing or storage, to ensure the

  6  payment of such costs and fees if the owner or lienholder does

  7  not prevail. When the bond is posted and the fee is paid as

  8  set forth in s. 28.24, the clerk of the court shall issue a

  9  certificate releasing the vehicle. At the time of release,

10  after reasonable inspection, the owner or lienholder must give

11  a receipt to the towing or storage company indicating any loss

12  or damage to the vehicle or to the contents of the vehicle.

13         (j)  A defendant, in the court's discretion, may be

14  required to serve all or any portion of a term of imprisonment

15  to which the defendant has been sentenced pursuant to this

16  section in a residential alcoholism treatment program or a

17  residential drug abuse treatment program. Any time spent in

18  such a program must be credited by the court toward the term

19  of imprisonment.

20

21  For the purposes of this section, any conviction for a

22  violation of s. 327.35; a previous conviction for the

23  violation of former s. 316.1931, former s. 327.351, former s.

24  860.01, or former s. 316.028; or a previous conviction outside

25  this state for driving or boating under the influence, driving

26  or boating while intoxicated, driving or boating with an

27  unlawful blood-alcohol level, driving or boating with an

28  unlawful breath-alcohol level, or any other similar

29  alcohol-related or drug-related traffic or boating offense, is

30  also considered a previous conviction for violation of this

31  section. However, in satisfaction of the fine imposed pursuant

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  1  to this section, the court may, upon a finding that the

  2  defendant is financially unable to pay either all or part of

  3  the fine, order that the defendant participate for a specified

  4  additional period of time in public service or a community

  5  work project in lieu of payment of that portion of the fine

  6  which the court determines the defendant is unable to pay. In

  7  determining such additional sentence, the court shall consider

  8  the amount of the unpaid portion of the fine and the

  9  reasonable value of the services to be ordered; however, the

10  court may not compute the reasonable value of services at a

11  rate less than the federal minimum wage at the time of

12  sentencing.

13         Section 46.  Subsections (1), (2), and (3) of section

14  316.635, Florida Statutes, are amended to read:

15         316.635  Courts having jurisdiction over traffic and

16  boating violations; powers relating to custody and detention

17  of minors.--

18         (1)  A court which has jurisdiction over traffic and

19  boating violations shall have original jurisdiction in the

20  case of any minor who is alleged to have committed a violation

21  of law or of a county or municipal ordinance pertaining to the

22  operation of a motor vehicle or vessel; however, any traffic

23  or boating offense that is punishable by law as a felony shall

24  be under the jurisdiction of the circuit court.

25         (2)  If a minor is arrested for the commission of a

26  criminal traffic or boating offense and transportation is

27  necessary, the minor shall not be placed in any police car or

28  other vehicle which at the same time contains an adult under

29  arrest, except upon special order of the circuit court.

30  However, if the minor is alleged to have participated with an

31

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  1  adult in the same offense or transaction, the minor may be

  2  transported in the same vehicle with the adult.

  3         (3)  If a minor is taken into custody for a criminal

  4  traffic or boating offense or a violation of chapter 322 and

  5  the minor does not demand to be taken before a magistrate, the

  6  arresting officer or booking officer shall immediately notify,

  7  or cause to be notified, the minor's parents, guardian, or

  8  responsible adult relative of the action taken. After making

  9  every reasonable effort to give notice, the arresting officer

10  or booking officer may:

11         (a)  Issue a notice to appear pursuant to chapter 901

12  and release the minor to a parent, guardian, responsible adult

13  relative, or other responsible adult;

14         (b)  Issue a notice to appear pursuant to chapter 901

15  and release the minor pursuant to s. 903.06;

16         (c)  Issue a notice to appear pursuant to chapter 901

17  and deliver the minor to an appropriate substance abuse

18  treatment or rehabilitation facility or refer the minor to an

19  appropriate medical facility as provided in s. 901.29.  If the

20  minor cannot be delivered to an appropriate substance abuse

21  treatment or rehabilitation facility or medical facility, the

22  arresting officer may deliver the minor to an appropriate

23  intake office of the Department of Juvenile Justice, which

24  shall take custody of the minor and make any appropriate

25  referrals; or

26         (d)  If the violation constitutes a felony and the

27  minor cannot be released pursuant to s. 903.03, transport and

28  deliver the minor to an appropriate Department of Juvenile

29  Justice intake office. Upon delivery of the minor to the

30  intake office, the department shall assume custody and proceed

31  pursuant to chapter 984 or chapter 985.

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  1

  2  If action is not taken pursuant to paragraphs (a)-(d), the

  3  minor shall be delivered to the Department of Juvenile

  4  Justice, and the department shall make every reasonable effort

  5  to contact the parents, guardian, or responsible adult

  6  relative to take custody of the minor. If there is no parent,

  7  guardian, or responsible adult relative available, the

  8  department may retain custody of the minor for up to 24 hours.

  9         Section 47.  Subsection (1) of section 318.32, Florida

10  Statutes, is amended to read:

11         318.32  Jurisdiction; limitations.--

12         (1)  Hearing officers shall be empowered to accept

13  pleas from and decide the guilt or innocence of any person,

14  adult or juvenile, charged with any civil traffic or boating

15  infraction and shall be empowered to adjudicate or withhold

16  adjudication of guilt in the same manner as a county court

17  judge under the statutes, rules, and procedures presently

18  existing or as subsequently amended, except that hearing

19  officers shall not:

20         (a)  Have the power to hold a defendant in contempt of

21  court, but shall be permitted to file a motion for order of

22  contempt with the appropriate state trial court judge;

23         (b)  Hear a case involving a traffic crash or boating

24  accident resulting in injury or death; or

25         (c)  Hear a criminal traffic or boating offense case or

26  a case involving a civil traffic or boating infraction issued

27  in conjunction with a criminal traffic or boating offense.

28         Section 48.  Section 318.38, Florida Statutes, is

29  amended to read:

30         318.38  Nonseverability.--If the provisions of s.

31  318.32 authorizing hearing officers to impose the same

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  1  sanctions as county court judges for civil traffic or boating

  2  infractions are found to be unconstitutional by the Florida

  3  Supreme Court, then the hearing officers shall have no further

  4  jurisdiction over any civil traffic or boating infractions.

  5         Section 49.  Paragraphs (d) and (e) of subsection (5)

  6  of section 320.08, Florida Statutes, are amended to read:

  7         320.08  License taxes.--Except as otherwise provided

  8  herein, there are hereby levied and imposed annual license

  9  taxes for the operation of motor vehicles, mopeds, motorized

10  bicycles as defined in s. 316.003(2), and mobile homes, as

11  defined in s. 320.01, which shall be paid to and collected by

12  the department or its agent upon the registration or renewal

13  of registration of the following:

14         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

15  WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

16         (d)  A wrecker, as defined in s. 320.01(40), which is

17  used to tow a vessel as defined in s. 327.02(37)(36), a

18  disabled, abandoned, stolen-recovered, or impounded motor

19  vehicle as defined in s. 320.01(38), or a replacement motor

20  vehicle as defined in s. 320.01(39): $30 flat.

21         (e)  A wrecker, as defined in s. 320.01(40), which is

22  used to tow any motor vehicle, regardless of whether or not

23  such motor vehicle is a disabled motor vehicle as defined in

24  s. 320.01(38), a replacement motor vehicle as defined in s.

25  320.01(39), a vessel as defined in s. 327.02(37)(36), or any

26  other cargo, as follows:

27         1.  Gross vehicle weight of 10,000 pounds or more, but

28  less than 15,000 pounds:  $87 flat.

29         2.  Gross vehicle weight of 15,000 pounds or more, but

30  less than 20,000 pounds:  $131 flat.

31

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  1         3.  Gross vehicle weight of 20,000 pounds or more, but

  2  less than 26,000 pounds:  $186 flat.

  3         4.  Gross vehicle weight of 26,000 pounds or more, but

  4  less than 35,000 pounds:  $240 flat.

  5         5.  Gross vehicle weight of 35,000 pounds or more, but

  6  less than 44,000 pounds:  $300 flat.

  7         6.  Gross vehicle weight of 44,000 pounds or more, but

  8  less than 55,000 pounds:  $572 flat.

  9         7.  Gross vehicle weight of 55,000 pounds or more, but

10  less than 62,000 pounds:  $678 flat.

11         8.  Gross vehicle weight of 62,000 pounds or more, but

12  less than 72,000 pounds:  $800 flat.

13         9.  Gross vehicle weight of 72,000 pounds or more:

14  $979 flat.

15         Section 50.  Paragraph (b) of subsection (1) of section

16  713.78, Florida Statutes, is amended to read:

17         713.78  Liens for recovering, towing, or storing

18  vehicles and documented undocumented vessels.--

19         (1)  For the purposes of this section, the term:

20         (b)  "Vessel" means every description of watercraft,

21  barge, and air boat used or capable of being used as a means

22  of transportation on water, other than a seaplane or a

23  "documented has the same meaning as the term "undocumented

24  vessel" as defined in s. 327.02(8)(36).

25         Section 51.  Paragraph (a) of subsection (2) of section

26  715.07, Florida Statutes, is amended to read:

27         715.07  Vehicles parked on private property; towing.--

28         (2)  The owner or lessee of real property, or any

29  person authorized by the owner or lessee, which person may be

30  the designated representative of the condominium association

31  if the real property is a condominium, may cause any vehicle

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  1  parked on such property without her or his permission to be

  2  removed by a person regularly engaged in the business of

  3  towing vehicles, without liability for the costs of removal,

  4  transportation, or storage or damages caused by such removal,

  5  transportation, or storage, under any of the following

  6  circumstances:

  7         (a)  The towing or removal of any vehicle from private

  8  property without the consent of the registered owner or other

  9  legally authorized person in control of that vehicle is

10  subject to strict compliance with the following conditions and

11  restrictions:

12         1.a.  Any towed or removed vehicle must be stored at a

13  site within 10 miles of the point of removal in any county of

14  500,000 population or more, and within 15 miles of the point

15  of removal in any county of less than 500,000 population. That

16  site must be open for the purpose of redemption of vehicles on

17  any day that the person or firm towing such vehicle is open

18  for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when

19  closed, shall have prominently posted a sign indicating a

20  telephone number where the operator of the site can be reached

21  at all times.  Upon receipt of a telephoned request to open

22  the site to redeem a vehicle, the operator shall return to the

23  site within 1 hour or she or he will be in violation of this

24  section.

25         b.  If no towing business providing such service is

26  located within the area of towing limitations set forth in

27  sub-subparagraph a., the following limitations apply:  any

28  towed or removed vehicle must be stored at a site within 20

29  miles of the point of removal in any county of 500,000

30  population or more, and within 30 miles of the point of

31  removal in any county of less than 500,000 population.

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  1         2.  The person or firm towing or removing the vehicle

  2  shall, within 30 minutes of completion of such towing or

  3  removal, notify the municipal police department or, in an

  4  unincorporated area, the sheriff of such towing or removal,

  5  the storage site, the time the vehicle was towed or removed,

  6  and the make, model, color, and license plate number of the

  7  vehicle and shall obtain the name of the person at that

  8  department to whom such information was reported and note that

  9  name on the trip record.

10         3.  If the registered owner or other legally authorized

11  person in control of the vehicle arrives at the scene prior to

12  removal or towing of the vehicle, the vehicle shall be

13  disconnected from the towing or removal apparatus, and that

14  person shall be allowed to remove the vehicle without

15  interference upon the payment of a reasonable service fee of

16  not more than one-half of the posted rate for such towing

17  service as provided in subparagraph 6., for which a receipt

18  shall be given, unless that person refuses to remove the

19  vehicle which is otherwise unlawfully parked.

20         4.  The rebate or payment of money or any other

21  valuable consideration from the individual or firm towing or

22  removing vehicles to the owners or operators of the premises

23  from which the vehicles are towed or removed, for the

24  privilege of removing or towing those vehicles, is prohibited.

25         5.  Except for property appurtenant to and obviously a

26  part of a single-family residence, and except for instances

27  when notice is personally given to the owner or other legally

28  authorized person in control of the vehicle that the area in

29  which that vehicle is parked is reserved or otherwise

30  unavailable for unauthorized vehicles and subject to being

31  removed at the owner's or operator's expense, any property

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  1  owner or lessee, or person authorized by the property owner or

  2  lessee, prior to towing or removing any vehicle from private

  3  property without the consent of the owner or other legally

  4  authorized person in control of that vehicle, must post a

  5  notice meeting the following requirements:

  6         a.  The notice must be prominently placed at each

  7  driveway access or curb cut allowing vehicular access to the

  8  property, within 5 feet from the public right-of-way line.  If

  9  there are no curbs or access barriers, the signs must be

10  posted not less than one sign for each 25 feet of lot

11  frontage.

12         b.  The notice must clearly indicate, in not less than

13  2-inch high, light-reflective letters on a contrasting

14  background, that unauthorized vehicles will be towed away at

15  the owner's expense.  The words "tow-away zone" must be

16  included on the sign in not less than 4-inch high letters.

17         c.  The notice must also provide the name and current

18  telephone number of the person or firm towing or removing the

19  vehicles, if the property owner, lessee, or person in control

20  of the property has a written contract with the towing

21  company.

22         d.  The sign structure containing the required notices

23  must be permanently installed with the words "tow-away zone"

24  not less than 3 feet and not more than 6 feet above ground

25  level and must be continuously maintained on the property for

26  not less than 24 hours prior to the towing or removal of any

27  vehicles.

28         e.  The local government may require permitting and

29  inspection of these signs prior to any towing or removal of

30  vehicles being authorized.

31

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  1         f.  A business with 20 or fewer parking spaces

  2  satisfies the notice requirements of this subparagraph by

  3  prominently displaying a sign stating "Reserved Parking for

  4  Customers Only Unauthorized Vehicles Will be Towed Away At the

  5  Owner's Expense" in not less than 4-inch high,

  6  light-reflective letters on a contrasting background.

  7

  8  A business owner or lessee may authorize the removal of a

  9  vehicle by a towing company when the vehicle is parked in such

10  a manner that restricts the normal operation of business; and

11  if a vehicle parked on a public right-of-way obstructs access

12  to a private driveway the owner, lessee, or agent may have the

13  vehicle removed by a towing company upon signing an order that

14  the vehicle be removed without a posted tow-away zone sign.

15         6.  Any person or firm that tows or removes vehicles

16  and proposes to require an owner, operator, or person in

17  control of a vehicle to pay the costs of towing and storage

18  prior to redemption of the vehicle must file and keep on

19  record with the local law enforcement agency a complete copy

20  of the current rates to be charged for such services and post

21  at the storage site an identical rate schedule and any written

22  contracts with property owners, lessees, or persons in control

23  of property which authorize such person or firm to remove

24  vehicles as provided in this section.

25         7.  Any person or firm towing or removing any vehicles

26  from private property without the consent of the owner or

27  other legally authorized person in control of the vehicles

28  shall, on any trucks, wreckers as defined in s.

29  713.78(1)(c)(b), or other vehicles used in the towing or

30  removal, have the name, address, and telephone number of the

31  company performing such service clearly printed in contrasting

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  1  colors on the driver and passenger sides of the vehicle.  The

  2  name shall be in at least 3-inch permanently affixed letters,

  3  and the address and telephone number shall be in at least

  4  1-inch permanently affixed letters.

  5         8.  Vehicle entry for the purpose of removing the

  6  vehicle shall be allowed with reasonable care on the part of

  7  the person or firm towing the vehicle.  Such person or firm

  8  shall be liable for any damage occasioned to the vehicle if

  9  such entry is not in accordance with the standard of

10  reasonable care.

11         9.  When a vehicle has been towed or removed pursuant

12  to this section, it must be released to its owner or custodian

13  within one hour after requested.  Any vehicle owner,

14  custodian, or agent shall have the right to inspect the

15  vehicle before accepting its return, and no release or waiver

16  of any kind which would release the person or firm towing the

17  vehicle from liability for damages noted by the owner or other

18  legally authorized person at the time of the redemption may be

19  required from any vehicle owner, custodian, or agent as a

20  condition of release of the vehicle to its owner.  A detailed,

21  signed receipt showing the legal name of the company or person

22  towing or removing the vehicle must be given to the person

23  paying towing or storage charges at the time of payment,

24  whether requested or not.

25         (b)  These requirements shall be the minimum standards

26  and shall not preclude enactment of additional regulations by

27  any municipality or county including the right to regulate

28  rates when vehicles are towed from private property.

29         Section 52.  Subsection (2) of section 938.17, Florida

30  Statutes, is amended to read:

31         938.17  County delinquency prevention.--

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  1         (2)  In counties in which the sheriff's office is a

  2  partner in a juvenile assessment center pursuant to s.

  3  985.209, or a partner in a suspension program developed in

  4  conjunction with the district school board in the county of

  5  the sheriff's jurisdiction, the court shall assess court costs

  6  of $3 per case, in addition to any other authorized cost or

  7  fine, on every person who, with respect to a charge,

  8  indictment, prosecution commenced, or petition of delinquency

  9  filed in that county or circuit, pleads guilty, nolo

10  contendere to, or is convicted of, or adjudicated delinquent

11  for, or has an adjudication withheld for, a felony or

12  misdemeanor, or a criminal traffic or boating offense, or a

13  handicapped parking violation under state law, or a violation

14  of any municipal or county ordinance, if the violation

15  constitutes a misdemeanor under state law.

16         Section 53.  Paragraph (j) of subsection (3) of section

17  947.146, Florida Statutes, is amended to read:

18         947.146  Control Release Authority.--

19         (3)  Within 120 days prior to the date the state

20  correctional system is projected pursuant to s. 216.136 to

21  exceed 99 percent of total capacity, the authority shall

22  determine eligibility for and establish a control release date

23  for an appropriate number of parole ineligible inmates

24  committed to the department and incarcerated within the state

25  who have been determined by the authority to be eligible for

26  discretionary early release pursuant to this section.  In

27  establishing control release dates, it is the intent of the

28  Legislature that the authority prioritize consideration of

29  eligible inmates closest to their tentative release date.  The

30  authority shall rely upon commitment data on the offender

31  information system maintained by the department to initially

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  1  identify inmates who are to be reviewed for control release

  2  consideration.  The authority may use a method of objective

  3  risk assessment in determining if an eligible inmate should be

  4  released.  Such assessment shall be a part of the department's

  5  management information system. However, the authority shall

  6  have sole responsibility for determining control release

  7  eligibility, establishing a control release date, and

  8  effectuating the release of a sufficient number of inmates to

  9  maintain the inmate population between 99 percent and 100

10  percent of total capacity.  Inmates who are ineligible for

11  control release are inmates who are parole eligible or inmates

12  who:

13         (j)  Are convicted, or have been previously convicted,

14  of DUI manslaughter under s. 316.193(3)(c)3. or BUI

15  manslaughter under s. 327.35(3)(c)3., and are sentenced, or

16  have been sentenced at any time, as a habitual offender for

17  such offense, or have been sentenced at any time in another

18  jurisdiction as a habitual offender for such offense;

19

20  In making control release eligibility determinations under

21  this subsection, the authority may rely on any document

22  leading to or generated during the course of the criminal

23  proceedings, including, but not limited to, any presentence or

24  postsentence investigation or any information contained in

25  arrest reports relating to circumstances of the offense.

26         Section 54.  Subsections (1) and (2) of section 985.05,

27  Florida Statutes, are amended to read:

28         985.05  Court records.--

29         (1)  The clerk of the court shall make and keep records

30  of all cases brought before it pursuant to this part. The

31  court shall preserve the records pertaining to a child charged

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  1  with committing a delinquent act or violation of law until the

  2  child reaches 24 years of age or reaches 26 years of age if he

  3  or she is a serious or habitual delinquent child, until 5

  4  years after the last entry was made, or until 3 years after

  5  the death of the child, whichever is earlier, and may then

  6  destroy them, except that records made of traffic or boating

  7  offenses in which there is no allegation of delinquency may be

  8  destroyed as soon as this can be reasonably accomplished. The

  9  court shall make official records of all petitions and orders

10  filed in a case arising pursuant to this part and of any other

11  pleadings, certificates, proofs of publication, summonses,

12  warrants, and writs that are filed pursuant to the case.

13         (2)  The clerk shall keep all official records required

14  by this section separate from other records of the circuit

15  court, except those records pertaining to motor vehicle

16  violations, which shall be forwarded to the Department of

17  Highway Safety and Motor Vehicles, and except those records

18  pertaining to boating violations, which shall be forwarded to

19  the Fish and Wildlife Conservation Commission. Except as

20  provided in ss. 943.053 and 985.04(4), official records

21  required by this part are not open to inspection by the

22  public, but may be inspected only upon order of the court by

23  persons deemed by the court to have a proper interest therein,

24  except that a child and the parents, guardians, or legal

25  custodians of the child and their attorneys, law enforcement

26  agencies, the Department of Juvenile Justice and its

27  designees, the Parole Commission, and the Department of

28  Corrections shall always have the right to inspect and copy

29  any official record pertaining to the child. The court may

30  permit authorized representatives of recognized organizations

31  compiling statistics for proper purposes to inspect, and make

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  1  abstracts from, official records under whatever conditions

  2  upon the use and disposition of such records the court may

  3  deem proper and may punish by contempt proceedings any

  4  violation of those conditions.

  5         Section 55.  Subsection (3) of section 985.212, Florida

  6  Statutes, is amended to read:

  7         985.212  Fingerprinting and photographing.--

  8         (3)  This section does not prohibit the fingerprinting

  9  or photographing of child traffic or boating violators. All

10  records of such traffic or boating violations shall be kept in

11  the full name of the violator and shall be open to inspection

12  and publication in the same manner as adult traffic or boating

13  violations. This section does not apply to the photographing

14  of children by the Department of Juvenile Justice or the

15  Department of Children and Family Services.

16         Section 56.  Except as otherwise provided herein, this

17  act shall take effect October 1, 2000.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Revises, reorganizes, and clarifies various provisions
22    pertaining to responsibilities of the Fish and Wildlife
      Conservation Commission relating to boating safety and
23    fishing, hunting, and trapping licenses.

24

25

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27

28

29

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