CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Alexander offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (b) of subsection (1) of section
18 320.08058, Florida Statutes, is amended to read:
19 320.08058 Specialty license plates.--
20 (1) MANATEE LICENSE PLATES.--
21 (b) The manatee license plate annual use fee must be
22 deposited into the Save the Manatee Trust Fund, created within
23 the Fish and Wildlife Conservation Commission, and shall be
24 used only for the purposes specified in s. 370.12(4). The
25 funds deposited in the Save the Manatee Trust Fund may be used
26 only for manatee-related environmental education; manatee
27 research; facilities, as provided in s. 370.12(4)(b); and
28 manatee protection and recovery.
29 Section 2. Section 327.02, Florida Statutes, is
30 amended to read:
31 327.02 Definitions of terms used in this chapter and
1
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in chapter 328.--As used in this chapter and in chapter 328,
2 unless the context clearly requires a different meaning, the
3 term:
4 (1) "Alien" means a person who is not a citizen of the
5 United States.
6 (2) "Boating accident" means a collision, accident, or
7 casualty involving a vessel in or upon, or entering into or
8 exiting from, the water, including capsizing, collision with
9 another vessel or object, sinking, personal injury, death,
10 disappearance of any person from on board under circumstances
11 which indicate the possibility of death or injury, or property
12 damage to any vessel or dock.
13 (3) "Canoe" means a light, narrow vessel with curved
14 sides and with both ends pointed. A canoe-like vessel with a
15 transom may not be excluded from the definition of a canoe if
16 the width of its transom is less than 45 percent of the width
17 of its beam or it has been designated as a canoe by the United
18 States Coast Guard.
19 (4) "Commercial vessel" means:
20 (a) Any vessel primarily engaged in the taking or
21 landing of saltwater fish or saltwater products or freshwater
22 fish or freshwater products, or any vessel licensed pursuant
23 to s. 370.06 from which commercial quantities of saltwater
24 products are harvested, from within and without the waters of
25 this state for sale either to the consumer, retail dealer, or
26 wholesale dealer.
27 (b) Any other vessel, except a recreational vessel as
28 defined in this section engaged in any activity wherein a fee
29 is paid by the user, either directly or indirectly, to the
30 owner, operator, or custodian of the vessel.
31 (5) "Commission" means the Fish and Wildlife
2
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Conservation Commission.
2 (6) "Dealer" means any person authorized by the
3 Department of Revenue to buy, sell, resell, or otherwise
4 distribute vessels. Such person shall have a valid sales tax
5 certificate of registration issued by the Department of
6 Revenue and a valid commercial or occupational license
7 required by any county, municipality, or political subdivision
8 of the state in which the person operates.
9 (7) "Division" means the Division of Law Enforcement
10 of the Fish and Wildlife Conservation Commission.
11 (8) "Documented vessel" means a vessel for which a
12 valid certificate of documentation is outstanding pursuant to
13 46 C.F.R. part 67.
14 (9) "Floating structure" means a floating entity, with
15 or without accommodations built thereon, which is not
16 primarily used as a means of transportation on water but which
17 serves purposes or provides services typically associated with
18 a structure or other improvement to real property. The term
19 "floating structure" includes, but is not limited to, each
20 entity used as a residence, place of business or office with
21 public access, hotel or motel, restaurant or lounge,
22 clubhouse, meeting facility, storage or parking facility,
23 mining platform, dredge, dragline, or similar facility or
24 entity represented as such. Floating structures are expressly
25 excluded from the definition of the term "vessel" provided in
26 this section. Incidental movement upon water or resting
27 partially or entirely on the bottom shall not, in and of
28 itself, preclude an entity from classification as a floating
29 structure.
30 (10) "Florida Intracoastal Waterway" means the
31 Atlantic Intracoastal Waterway, the Georgia state line north
3
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of Fernandina to Miami; the Port Canaveral lock and canal to
2 the Atlantic Intracoastal Waterway; the Atlantic Intracoastal
3 Waterway, Miami to Key West; the Okeechobee Waterway, Stuart
4 to Fort Myers; the St. Johns River, Jacksonville to Sanford;
5 the Gulf Intracoastal Waterway, Anclote to Fort Myers; the
6 Gulf Intracoastal Waterway, Carrabelle to Tampa Bay;
7 Carrabelle to Anclote open bay section (using Gulf of Mexico);
8 the Gulf Intracoastal Waterway, Carrabelle to the Alabama
9 state line west of Pensacola; and the Apalachicola,
10 Chattahoochee, and Flint Rivers in Florida.
11 (11) "Homemade vessel" means any vessel built after
12 October 31, 1972, for which a federal hull identification
13 number is not required to be assigned by the manufacturer
14 pursuant to federal law, or any vessel constructed or
15 assembled prior to November 1, 1972, by other than a licensed
16 manufacturer for his or her own use or the use of a specific
17 person. A vessel assembled from a manufacturer's kit or
18 constructed from an unfinished manufactured hull shall be
19 considered to be a homemade vessel if such a vessel is not
20 required to have a hull identification number assigned by the
21 United States Coast Guard. A rebuilt or reconstructed vessel
22 shall in no event be construed to be a homemade vessel.
23 (12) "Houseboat" means any vessel which is used
24 primarily as a residence for a minimum of 21 days during any
25 30-day period, in a county of this state, and this residential
26 use of the vessel is to the preclusion of the use of the
27 vessel as a means of transportation.
28 (13) "Length" means the measurement from end to end
29 over the deck parallel to the centerline excluding sheer.
30 (14) "Lien" means a security interest which is
31 reserved or created by a written agreement recorded with the
4
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Department of Highway Safety and Motor Vehicles pursuant to s.
2 328.15 which secures payment or performance of an obligation
3 and is generally valid against third parties.
4 (15) "Lienholder" means a person holding a security
5 interest in a vessel, which interest is recorded with the
6 Department of Highway Safety and Motor Vehicles pursuant to s.
7 328.15..
8 (16) "Live-aboard vessel" means:
9 (a) Any vessel used solely as a residence; or
10 (b) Any vessel represented as a place of business, a
11 professional or other commercial enterprise, or a legal
12 residence.
13
14 A commercial fishing boat is expressly excluded from the term
15 "live-aboard vessel."
16 (17) "Livery vessel" means any vessel leased, rented,
17 or chartered to another for consideration.
18 (18)(17) "Manufactured vessel" means any vessel built
19 after October 31, 1972, for which a federal hull
20 identification number is required pursuant to federal law, or
21 any vessel constructed or assembled prior to November 1, 1972,
22 by a duly licensed manufacturer.
23 (19)(18) "Marina" means a licensed commercial facility
24 which provides secured public moorings or dry storage for
25 vessels on a leased basis. A commercial establishment
26 authorized by a licensed vessel manufacturer as a dealership
27 shall be considered a marina for nonjudicial sale purposes.
28 (20)(19) "Marine sanitation device" means any
29 equipment other than a toilet, for installation on board a
30 vessel, which is designed to receive, retain, treat, or
31 discharge sewage, and any process to treat such sewage. Marine
5
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sanitation device Types I, II, and III shall be defined as
2 provided in 33 C.F.R. part 159.
3 (21) "Marker" means any channel mark or other aid to
4 navigation, information or regulatory mark, isolated danger
5 mark, safe water mark, special mark, inland waters obstruction
6 mark, or mooring buoy in, on, or over the waters of the state
7 or the shores thereof, and includes, but is not limited to, a
8 sign, beacon, buoy, or light.
9 (22)(20) "Motorboat" means any vessel equipped with
10 machinery for propulsion, irrespective of whether the
11 propulsion machinery is in actual operation which is propelled
12 or powered by machinery and which is used or capable of being
13 used as a means of transportation on water.
14 (23)(21) "Navigation rules" means the International
15 Navigational Rules Act of 1977, 33 U.S.C. appendix following
16 s. 1602, as amended, including the annexes thereto in effect
17 on June 1, 1983, for vessels on waters outside of established
18 navigational lines of demarcation as specified in 33 C.F.R.
19 part 80 or the Inland Navigational Rules Act of 1980, 33
20 U.S.C. s. 2001 et seq., as amended, including the annexes
21 thereto in effect on December 24, 1981, for vessels on all
22 waters not outside of such lines of demarcation.
23 (22) "Noncommercial vessel" means any vessel other
24 than a commercial vessel as defined in this section.
25 (24)(23) "Nonresident" means a citizen of the United
26 States who has not established residence in this state and has
27 not continuously resided in this state for 1 year and in one
28 county for the 6 months immediately preceding the initiation
29 of a vessel titling or registration action.
30 (25)(24) "Operate" means to be in charge of or in
31 command of or in actual physical control of a vessel upon the
6
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 waters of this state, or to exercise control over or to have
2 responsibility for a vessel's navigation or safety while the
3 vessel is underway upon the waters of this state, or to
4 control or steer a vessel being towed by another vessel upon
5 the waters of the state; provided, however, that this
6 definition shall not apply to a person on a vessel that is
7 docked or otherwise made fast to the shore and shall not apply
8 to a vessel owner or operator who designates a driver pursuant
9 to s. 327.35.
10 (26)(25) "Owner" means a person, other than a
11 lienholder, having the property in or title to a vessel. The
12 term includes a person entitled to the use or possession of a
13 vessel subject to an interest in another person, reserved or
14 created by agreement and securing payment of performance of an
15 obligation, but the term excludes a lessee under a lease not
16 intended as security.
17 (27)(26) "Person" means an individual, partnership,
18 firm, corporation, association, or other entity.
19 (28)(27) "Personal watercraft" means a small class A-1
20 or A-2 vessel less than 16 feet in length which uses an
21 outboard motor, or an inboard motor powering a water jet pump,
22 as its primary source of motive power and which is designed to
23 be operated by a person sitting, standing, or kneeling on, or
24 being towed behind the vessel, rather than in the conventional
25 manner of sitting or standing inside the vessel.
26 (29)(28) "Portable toilet" means a device consisting
27 of a lid, seat, containment vessel, and support structure that
28 is specifically designed to receive, retain, and discharge
29 human waste and that is capable of being removed from a vessel
30 by hand.
31 (30)(29) "Prohibited activity" means such activity as
7
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 will impede or disturb navigation or creates a safety hazard
2 on waterways of this state.
3 (31)(30) "Racing shell," "rowing scull," or "racing
4 kayak" means a manually propelled vessel which is recognized
5 by national or international racing associations for use in
6 competitive racing and in which all occupants, with the
7 exception of a coxswain, if one is provided, row, scull, or
8 paddle and which is not designed to carry and does not carry
9 any equipment not solely for competitive racing.
10 (32) "Recreational vessel" means any vessel:
11 (a) Manufactured and used primarily for noncommercial
12 purposes; or
13 (b) Leased, rented, or chartered to a person for the
14 person's noncommercial use.
15 (33)(31) "Registration" means a state operating
16 license on a vessel which is issued with an identifying
17 number, an annual certificate of registration, and a decal
18 designating the year for which a registration fee is paid.
19 (32) "Regulatory marker" means any anchored or fixed
20 marker in, on, or over the water, or anchored platform on the
21 surface of the water, other than a marker provided in s.
22 327.40, and includes, but is not limited to, a bathing beach
23 marker, speed zone marker, information marker, restricted zone
24 marker, congested area marker, or warning marker.
25 (34)(33) "Resident" means a citizen of the United
26 States who has established residence in this state and has
27 continuously resided in this state for 1 year and in one
28 county for the 6 months immediately preceding the initiation
29 of a vessel titling or registration action.
30 (35)(34) "Sailboat" means any vessel whose sole source
31 of propulsion is the wind natural element (i.e., wind).
8
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (36)(35) "Unclaimed vessel" means any undocumented
2 vessel, including its machinery, rigging, and accessories,
3 which is in the physical possession of any marina, garage, or
4 repair shop for repairs, improvements, or other work with the
5 knowledge of the vessel owner and for which the costs of such
6 services have been unpaid for a period in excess of 90 days
7 from the date written notice of the completed work is given by
8 the marina, garage, or repair shop to the vessel owner.
9 (37)(36) "Vessel" is synonymous with boat as
10 referenced in s. 1(b), Art. VII of the State Constitution and
11 includes every description of watercraft, barge, and air boat,
12 other than a seaplane on the water, used or capable of being
13 used as a means of transportation on water.
14 (38)(37) "Waters of this state" means any navigable
15 waters of the United States within the territorial limits of
16 this state, and the marginal sea adjacent to this state and
17 the high seas when navigated as a part of a journey or ride to
18 or from the shore of this state, and all the inland lakes,
19 rivers, and canals under the jurisdiction of this state.
20 Section 3. Section 327.04, Florida Statutes, is
21 amended to read:
22 327.04 Rules.--The commission department has authority
23 to adopt rules pursuant to ss. 120.536(1) and 120.54 to
24 implement the provisions of this chapter conferring powers or
25 duties upon it.
26 Section 4. Subsection (1) of section 327.22, Florida
27 Statutes, is amended to read:
28 327.22 Regulation of vessels by municipalities or
29 counties.--
30 (1) Nothing in this chapter shall be construed to
31 prohibit any municipality or county that expends money for the
9
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 patrol, regulation, and maintenance of any lakes, rivers, or
2 waters, and for other boating-related activities in such
3 municipality or county, from regulating vessels resident in
4 such municipality or county. Any county or municipality may
5 adopt ordinances which provide for enforcement of noncriminal
6 violations of restricted areas s. 327.33 relating to the
7 careless operation of a vessel which results in the
8 endangering or damaging of property, by citation mailed to
9 registered owner of the vessel. Any such ordinance shall apply
10 only in legally established designated restricted areas which
11 are properly marked as permitted pursuant to ss. 327.40 and
12 327.41 and in need of shoreline protection. Any county and
13 the municipalities located within the county may jointly
14 regulate vessels.
15 Section 5. Effective October 1, 2000, section 327.302,
16 Florida Statutes, is created to read:
17 327.302 Accident report forms.--
18 (1) The commission shall prepare and, upon request,
19 supply to police departments, sheriffs, and other appropriate
20 agencies or individuals forms for accident reports as required
21 in this chapter, suitable with respect to the persons required
22 to make such reports and the purposes to be served. The forms
23 must call for sufficiently detailed information to disclose,
24 with reference to a boating accident, the cause and conditions
25 existing at the time of the accident and the persons and
26 vessels involved. Accident report forms may call for the
27 policy numbers of liability insurance and the names of
28 carriers covering any vessel involved in an accident required
29 to be reported under this chapter.
30 (2) Every accident report required to be made in
31 writing must be made on the appropriate form approved by the
10
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 commission and must contain all the information required
2 therein unless not available. Notwithstanding any other
3 provisions of this section, an accident report produce
4 electronically by a law enforcement officer must, at a
5 minimum, contain the same information as is required on those
6 forms approved by the commission.
7 Section 6. Effective October 1, 2000, subsections (1)
8 and (2) of section 327.33, Florida Statutes, are amended to
9 read:
10 327.33 Reckless or careless operation of vessel.--
11 (1) It is unlawful to operate a vessel in a reckless
12 manner. A person is guilty of reckless operation of a vessel
13 who operates any vessel, or manipulates any water skis,
14 aquaplane, or similar device, in willful or wanton disregard
15 for the safety of persons or property at a speed or in a
16 manner as to endanger, or likely to endanger, life or limb, or
17 damage the property of, or injure any person. Reckless
18 operation of a vessel includes, but is not limited to, a
19 violation of s. 327.331(6). Any person who violates a
20 provision of this subsection commits is guilty of a
21 misdemeanor of the first degree, punishable as provided in s.
22 775.082 or s. 775.083.
23 (2) Any person operating a vessel upon the waters of
24 this state shall operate the vessel in a reasonable and
25 prudent manner, having regard for other waterborne traffic,
26 posted speed and wake restrictions, the presence of a
27 divers-down flag as defined in s. 861.065, and all other
28 attendant circumstances so as not to endanger the life, limb,
29 or property of any person. Any person operating a vessel on a
30 river, inlet, or navigation channel shall make a reasonable
31 effort to maintain a distance of 100 feet from any divers-down
11
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 flag. The failure to operate a vessel in a manner described
2 in this subsection constitutes careless operation. However,
3 vessel wake and shoreline wash resulting from the reasonable
4 and prudent operation of a vessel shall, absent negligence,
5 not constitute damage or endangerment to property. Any person
6 who violates the provisions of this subsection commits is
7 guilty of a noncriminal violation as defined in s. 775.08.
8 Section 7. Effective October 1, 2000, section 861.065,
9 Florida Statutes, is renumbered as section 327.331, Florida
10 Statutes, and amended to read:
11 327.331 861.065 Divers; definitions; divers-down flag
12 required; obstruction to navigation of certain waters;
13 penalty.--
14 (1) As used in this section:
15 (a) "Diver" means any person who is wholly or
16 partially submerged in the waters of the state and is equipped
17 with a face mask and snorkel or underwater breathing
18 apparatus.
19 (b)(2) "Underwater breathing apparatus" means shall
20 mean any apparatus, whether self-contained or connected to a
21 distant source of air or other gas, whereby a person wholly or
22 partially submerged in water is enabled to obtain or reuse air
23 or any other gas or gases for breathing without returning to
24 the surface of the water.
25 (c)(3) "Divers-down flag" means shall mean a flag that
26 meets the following specifications: is either square or
27 rectangular, to approximately 4 units high by 5 units long,
28 with a 1-unit diagonal stripe. The divers-down flag shall
29 have a white diagonal stripe on a red background. The stripe
30 shall begin at the top staff-side of the flag and extend
31 diagonally to the opposite lower corner. The flag shall be
12
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 free-flying and shall be lowered when all divers are aboard or
2 ashore. The minimum size shall be 12 by 12 inches.
3 1. The flag must be square or rectangular. If
4 rectangular, the length must not be less than the height, or
5 more than 25 percent longer than the height. The flag must
6 have a wire or other stiffener to hold it fully unfurled and
7 extended in the absence of a wind or breeze.
8 2. The flag must be red with a white diagonal stripe
9 that begins at the top staff-side of the flag and extends
10 diagonally to the lower opposite corner. The width of the
11 stripe must be 25 percent of the height of the flag.
12 3. The minimum size for any divers-down flag displayed
13 on a buoy or float towed by the diver is 12 inches by 12
14 inches. The minimum size for any divers-down flag displayed
15 from a vessel or structure is 20 inches by 24 inches.
16 4. Any divers-down flag displayed from a vessel must
17 be displayed from the highest point of the vessel or such
18 other location which provides that the visibility of the
19 divers-down flag is not obstructed in any direction.
20 (2)(4) All divers must shall prominently display a
21 divers-down flag in the area in which the diving occurs, other
22 than when diving in an area customarily used for swimming
23 only.
24 (3)(5) No diver or group of divers shall display one
25 or more divers-down flags on a river, inlet, or navigation
26 channel, except in case of emergency, in a manner which shall
27 unreasonably constitute a navigational hazard.
28 (4)(6) Divers shall make reasonable efforts to stay
29 within 100 feet of the divers-down flag on rivers, inlets, and
30 navigation channels. Any person operating a vessel on a river,
31 inlet, or navigation channel must make a reasonable effort to
13
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 maintain a distance of at least 100 feet from any divers-down
2 flag.
3 (5) Divers must make reasonable efforts to stay within
4 300 feet of the divers-down flag on all waters other than
5 rivers, inlets, and navigation channels. Any person operating
6 a vessel on waters other than a river, inlet, or navigation
7 channel must make a reasonable effort to maintain a distance
8 of at least 300 feet from any divers-down flag.
9 (6) Any vessel other than a law enforcement or rescue
10 vessel that approaches within 100 feet of a divers-down flag
11 on a river, inlet, or navigation channel, or within 300 feet
12 of a divers-down flag on waters other than a river, inlet, or
13 navigation channel, must proceed no faster than is necessary
14 to maintain headway and steerageway.
15 (7) The divers-down flag must be lowered once all
16 divers are aboard or ashore. No person may operate any vessel
17 displaying a divers-down flag unless the vessel has one or
18 more divers in the water.
19 (8)(7) Any willful violation of this section shall be
20 a misdemeanor of the second degree punishable as provided by
21 s. 775.082 or s. 775.083.
22 Section 8. Effective October 1, 2001, subsection (8)
23 of section 327.331, Florida Statutes, as amended by this act,
24 is amended to read:
25 327.331 Divers; definitions; divers-down flag
26 required; obstruction to navigation of certain waters;
27 penalty.--
28 (8) Except as provided in s. 327.33, any willful
29 violation of this section shall be a noncriminal infraction
30 punishable as provided in s. 327.73 misdemeanor of the second
31 degree punishable as provided by s. 775.082 or s. 775.083.
14
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 9. Paragraph (a) of subsection (1) of section
2 327.355, Florida Statutes, is amended to read:
3 327.355 Operation of vessels by persons under 21 years
4 of age who have consumed alcoholic beverages.--
5 (1)(a) Notwithstanding s. 327.35, it is unlawful for a
6 person under the age of 21 who has a breath-alcohol level of
7 0.02 percent or higher to operate or be in actual physical
8 control of a vessel.
9 Section 10. Paragraph (a) of subsection (2) of section
10 327.36, Florida Statutes, is amended to read:
11 327.36 Mandatory adjudication; prohibition against
12 accepting plea to lesser included offense.--
13 (2)(a) No trial judge may accept a plea of guilty to a
14 lesser offense from a person who is charged with a violation
15 of s. 327.35, manslaughter resulting from the operation of a
16 vessel, or vessel homicide and who has been given a breath or
17 blood test to determine blood or breath alcohol content, the
18 results of which show a blood-alcohol level or breath-alcohol
19 level blood or breath alcohol content by weight of 0.16
20 percent or more.
21 Section 11. Effective October 1, 2000, paragraphs (a)
22 and (b) of subsection (2) of section 327.37, Florida Statutes,
23 are amended to read:
24 327.37 Water skis, parasails, and aquaplanes
25 regulated.--
26 (2)(a) A person may not engage in water skiing,
27 parasailing, aquaplaning, or any similar activity at any time
28 between the hours from one-half hour after sunset to one-half
29 hour before sunrise.
30 (b) A person may not engage in water skiing,
31 parasailing, aquaplaning, or any similar activity unless such
15
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 person is wearing a noninflatable type I, type II, type III,
2 or noninflatable type V personal flotation device approved by
3 the United States Coast Guard.
4 Section 12. Effective October 1, 2000, subsections
5 (1), (4), (5), and (6) of section 327.39, Florida Statutes,
6 are amended to read:
7 327.39 Personal watercraft regulated.--
8 (1) A person may not operate a personal watercraft
9 unless each person riding on or being towed behind such vessel
10 is wearing a type I, type II, type III, or type V personal
11 flotation device, other than an inflatable device, approved by
12 the United States Coast Guard.
13 (4) A personal watercraft must at all times be
14 operated in a reasonable and prudent manner. Maneuvers which
15 unreasonably or unnecessarily endanger life, limb, or
16 property, including, but not limited to, weaving through
17 congested vessel traffic, jumping the wake of another vessel
18 unreasonably or unnecessarily close to such other vessel or
19 when visibility around such other vessel is obstructed, and
20 swerving at the last possible moment to avoid collision shall
21 constitute reckless operation of a vessel, as provided in s.
22 327.33(1). Any person operating a personal watercraft must
23 comply with the provisions of s. 327.33.
24 (5) No person under the age of 14 shall operate any a
25 personal watercraft on the waters of this state.
26 (6)(a) It is unlawful for the owner of any personal
27 watercraft or any person having charge over or control of a
28 personal watercraft to authorize or knowingly permit the same
29 to be operated by a person under 14 years of age in violation
30 of this section.
31 (b)1. It is unlawful for the owner of any leased,
16
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 hired, or rented personal watercraft, or any person having
2 charge over or control of a leased, hired, or rented personal
3 watercraft, to authorize or knowingly permit the watercraft to
4 be operated by any person who has not received instruction in
5 the safe handling of personal watercraft, in compliance with
6 rules established by the commission.
7 2. Any person receiving instruction in the safe
8 handling of personal watercraft pursuant to a program
9 established by rule of the commission must provide the owner
10 of, or person having charge of or control over, a leased,
11 hired, or rented personal watercraft with a written statement
12 attesting to the same.
13 3. The commission shall have the authority to
14 establish rules pursuant to chapter 120 prescribing the
15 instruction to be given, which shall take into account the
16 nature and operational characteristics of personal watercraft
17 and general principles and regulations pertaining to boating
18 safety.
19 (c) Any person who violates this subsection commits
20 shall be guilty of a misdemeanor of the second degree,
21 punishable as provided in s. 775.082 or s. 775.083.
22 Section 13. Effective October 1, 2000, subsections (3)
23 through (10) of section 327.395, Florida Statutes, are
24 renumbered as subsections (4) through (11), respectively, and
25 a new subsection (3) is added to said section, to read:
26 327.395 Boating safety identification cards.--
27 (3) Any commission-approved boater education or boater
28 safety course, course-equivalency examination developed or
29 approved by the commission, or temporary certificate
30 examination developed or approved by the commission must
31 include a component regarding diving vessels, awareness of
17
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 divers in the water, divers-down flags, and the requirements
2 of s. 327.331.
3 Section 14. Subsections (1) and (2) of section 327.40,
4 Florida Statutes, are amended to read:
5 327.40 Uniform waterway markers for safety and
6 navigation.--
7 (1) Waterways in Florida, unmarked by the Coast Guard,
8 which need marking for safety or navigation purposes, shall be
9 marked under the United States Aids to Navigation System, 33
10 C.F.R. part 62. Until December 31, 2003, channel markers and
11 obstruction markers conforming to the Uniform State Waterway
12 Marking System, 33 C.F.R. subpart 66.10, may continue to be
13 used on waters of this state that are not navigable waters of
14 the United States. Uniform Safety and Navigation System
15 adopted by the advisory panel of state officials to the
16 Merchant Marine Council of the United States Coast Guard.
17 (2)(a) Application for marking inland lakes and state
18 waters and any navigable waters under concurrent jurisdiction
19 of the Coast Guard and the division shall be made to the
20 division, accompanied by a map locating the approximate
21 placement of markers, a list of the markers to be placed, a
22 statement of the specification of the markers, a statement of
23 concerning the purpose of marking, and the names of persons
24 responsible for the placement and upkeep of such markers. The
25 division will assist the applicant to secure the proper
26 permission from the Coast Guard where required, make such
27 investigations as needed, and issue a permit. The division
28 shall furnish the applicant with the information concerning
29 the system adopted and the rules regulations existing for
30 placing and maintaining the uniform safety and navigation
31 markers. The division shall keep records of all approvals
18
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 given and counsel with individuals, counties, municipalities,
2 motorboat clubs, or other groups desiring to mark waterways
3 for safety and navigation purposes in Florida.
4 (b) No person or municipality, county, or other
5 governmental entity shall place any safety or navigation
6 markers in, on, or over the waters or shores of the state
7 without a permit from the division.
8 (c) The commission is authorized to adopt rules
9 pursuant to chapter 120 to implement this section.
10 Section 15. Section 327.41, Florida Statutes, is
11 amended to read:
12 327.41 Uniform waterway regulatory markers.--
13 (1) The Fish and Wildlife Conservation commission
14 shall adopt rules and regulations pursuant to chapter 120
15 establishing a uniform system of regulatory markers for the
16 waters of the state Florida Intracoastal Waterway, compatible
17 with the system of regulatory markers prescribed by the United
18 States Coast Guard in the United States Aids to Navigation
19 System, 33 C.F.R. part 62, and shall give due regard to the
20 System of Uniform Waterway Markers approved by the Advisory
21 Panel of State Officials to the Merchant Marine Council,
22 United States Coast Guard.
23 (2) Any county or municipality which has been granted
24 a restricted area designation, pursuant to s. 327.46, for a
25 portion of the Florida Intracoastal Waterway within its
26 jurisdiction or which has adopted a restricted area by
27 ordinance pursuant to s. 327.22, s. 327.60, or s.
28 370.12(2)(o), or any other governmental entity which has
29 legally established a restricted area, may apply to the Fish
30 and Wildlife Conservation commission for permission to place
31 regulatory markers within the restricted area.
19
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Application for placing regulatory markers in the
2 waters of the state on the Florida Intracoastal Waterway shall
3 be made to the division as provided in s. 327.40 of Marine
4 Resources, accompanied by a map locating the approximate
5 placement of the markers, a statement of the specification of
6 the markers, a statement of purpose of the markers, and a
7 statement of the city or county responsible for the placement
8 and upkeep of the markers.
9 (4) No person or municipality, county, or other
10 governmental entity shall place any regulatory markers in, on,
11 or over the waters of the state or the shores thereof Florida
12 Intracoastal Waterway without a permit from the division
13 pursuant to s. 327.40 of Marine Resources.
14 (5) Aquaculture leaseholds shall be marked as required
15 by this section, and the commission may approve alternative
16 marking requirements as a condition of the lease pursuant to
17 s. 253.68. The provisions of this section notwithstanding, no
18 permit shall be required for the placement of markers required
19 by such a lease.
20 (6) The commission is authorized to adopt rules
21 pursuant to chapter 120 to implement the provisions of this
22 section.
23 Section 16. Section 327.46, Florida Statutes, is
24 amended to read:
25 327.46 Restricted areas.--
26 (1)(a) The commission has shall have the authority to
27 establish for establishing, by rule, pursuant to chapter 120,
28 restricted areas on the waters of the state for any purpose
29 deemed necessary for the safety of the public, including, but
30 not limited to, vessel boat speeds and vessel boat traffic,
31 where such restrictions are deemed necessary based on boating
20
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accidents, visibility, hazardous currents or water levels
2 tides, vessel traffic congestion, or other navigational
3 hazards. Each such restricted area shall be developed in
4 consultation and coordination with the governing body of the
5 county or municipality in which the restricted area is located
6 and, where required, with the United States Coast Guard and
7 the United States Army Corps of Engineers. Restricted areas
8 shall be established in accordance with procedures under
9 chapter 120.
10 (2) It is unlawful for any person to operate a vessel
11 in a prohibited manner or to carry on any prohibited activity,
12 as defined in this chapter, deemed a safety hazard or
13 interference with navigation as provided above within a
14 restricted water area which has been clearly marked by
15 regulatory markers buoys or some other distinguishing device
16 as a bathing or otherwise restricted area in accordance with
17 and marked as authorized under this chapter.; provided, that
18 (3) This section shall not apply in the case of an
19 emergency or to a law enforcement, firefighting, patrol or
20 rescue vessel owned or operated by a governmental entity
21 craft.
22 Section 17. Section 327.49, Florida Statutes, is
23 created to read:
24 327.49 Testing vessels and vessel motors.--Subject to
25 reasonable rules adopted by the commission, manufacturers of
26 vessels and vessel motors that operate vessel and vessel motor
27 test facilities may be authorized to test such vessels, vessel
28 motors, or combinations thereof, on the waters of the state to
29 ensure that they meet generally accepted boating safety
30 standards.
31 Section 18. Subsection (2) of section 327.53, Florida
21
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Statutes, is amended to read:
2 327.53 Marine sanitation.--
3 (2)(a) Every houseboat shall be equipped with at least
4 one permanently installed toilet which shall be properly
5 connected to a United States Coast Guard certified or labeled
6 Type III marine sanitation device. If the toilet is
7 simultaneously connected to both a Type III marine sanitation
8 device and to another approved marine sanitation device, the
9 valve or other mechanism selecting between the two marine
10 sanitation devices shall be set to direct all sewage to the
11 Type III marine sanitation device and, while the vessel is on
12 the waters of the state, shall be locked or otherwise secured
13 by the boat operator, so as to prevent resetting.
14 (b) A houseboat on which a Type I marine sanitation
15 device was installed before January 30, 1980, need not install
16 a Type III device until October 1, 1996. A houseboat on which
17 a Type II marine sanitation device was installed before July
18 1, 1994, need not install a Type III device until October 1,
19 1996.
20 Section 19. Effective October 1, 2000, section 327.54,
21 Florida Statutes, is amended to read:
22 327.54 Liveries; safety regulations; penalty.--
23 (1) A livery may not knowingly lease, hire, or rent a
24 vessel to any person:
25 (a) When the number of persons intending to use the
26 vessel exceeds the number considered to constitute a maximum
27 safety load for the vessel as specified on the authorized
28 persons capacity plate of the vessel.
29 (b) When the horsepower of the motor exceeds the
30 capacity of the vessel.
31 (c) When the vessel does not contain the required
22
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 safety equipment required under s. 327.50.
2 (d) When the vessel is not seaworthy.
3 (e) When the vessel is equipped with a motor of 10
4 horsepower or greater, unless the livery provides there is a
5 prerental or preride instruction that includes, but need not
6 be limited to: in the safe operation of the vessel by the
7 livery.
8 1. Operational characteristics of the vessel to be
9 rented.
10 2. Safe vessel operation and vessel right-of-way.
11 3. The responsibility of the vessel operator for the
12 safe and proper operation of the vessel.
13 4. Local characteristics of the waterway where the
14 vessel will be operated.
15
16 Any person delivering the information specified in this
17 paragraph must have successfully completed a boater safety
18 course approved by the National Association of State Boating
19 Law Administrators and this state.
20 (f) Unless the livery displays boating safety
21 information in a place visible to the renting public. The
22 commission shall prescribe by rule pursuant to chapter 120,
23 the contents and size of the boating safety information to be
24 displayed.
25 (2) A livery may not knowingly lease, hire, or rent
26 any vessel powered by a motor of 10 horsepower or greater to
27 any person who is required to comply with s. 327.395, unless
28 such person presents a valid boater safety identification card
29 to the livery.
30 (3) If a vessel is unnecessarily overdue, the livery
31 shall notify the proper authorities.
23
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4)(a) A livery may not knowingly lease, hire, or rent
2 a personal watercraft to any person who is under 18 16 years
3 of age.,
4 (b) A livery may not knowingly nor may it lease, hire,
5 or rent a personal such watercraft to any person who has not
6 received instruction in the safe handling of personal
7 watercraft, in compliance with rules established by the
8 commission pursuant to chapter 120 or other vessel to any
9 other person, unless the livery displays boating safety
10 information about the safe and proper operation of vessels and
11 requires a signature by the lessee that he or she has received
12 instruction in the safe handling of the personal watercraft in
13 compliance with standards established by the department.
14 (c) Any person receiving instruction in the safe
15 handling of personal watercraft pursuant to a program
16 established by rule of the commission must provide the livery
17 with a written statement attesting to the same.
18 (5) A livery may not lease, hire, or rent any personal
19 watercraft or offer to lease, hire, or rent any personal
20 watercraft unless the livery first obtains and carries in full
21 force and effect a policy from a licensed insurance carrier in
22 this state, insuring against any accident, loss, injury,
23 property damage, or other casualty caused by or resulting from
24 the operation of the personal watercraft. The insurance
25 policy shall provide coverage of at least $500,000 per person
26 and $1 million per event. The livery must have proof of such
27 insurance available for inspection at the location where
28 personal watercraft are being leased, hired, or rented, or
29 offered for lease, hire, or rent, and shall provide to each
30 renter the insurance carrier's name and address and the
31 insurance policy number.
24
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (6)(5) Any person convicted of violating this section
2 commits is guilty of a misdemeanor of the second degree,
3 punishable as provided in s. 775.082 or s. 775.083.
4 (6) When the livery has complied with subsections (1),
5 (2), (3), and (4), its liability ceases and the person leasing
6 the vessel from the livery is liable for any violations of
7 this chapter and is personally liable for any accident or
8 injury occurring while in charge of such vessel.
9 Section 20. Subsection (1) of section 327.60, Florida
10 Statutes, is amended to read:
11 327.60 Local regulations; limitations.--
12 (1) The provisions of ss. 327.01, 327.02,
13 327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65,
14 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall govern
15 the operation, equipment, and all other matters relating
16 thereto whenever any vessel shall be operated upon the
17 waterways or when any activity regulated hereby shall take
18 place thereon. Nothing in these sections shall be construed to
19 prevent the adoption of any ordinance or local law relating to
20 operation and equipment of vessels, except that no such
21 ordinance or local law may apply to the Florida Intracoastal
22 Waterway and except that such ordinances or local laws shall
23 be operative only when they are not in conflict with this
24 chapter or any amendments thereto or regulations thereunder.
25 Any ordinance or local law which has been adopted pursuant to
26 this section or to any other state law may not discriminate
27 against personal watercraft as defined in s. 327.02.
28 Section 21. Effective October 1, 2000, section 327.72,
29 Florida Statutes, is amended to read:
30 327.72 Penalties.--Any person failing to comply with
31 the provisions of this chapter or chapter 328 not specified in
25
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 s. 327.73 or not paying the civil penalty fine specified in
2 said section within 30 10 days, except as otherwise provided
3 in this chapter or chapter 328, commits is guilty of a
4 misdemeanor of the second degree, punishable as provided in s.
5 775.082 or s. 775.083.
6 Section 22. Effective October 1, 2000, paragraph (k)
7 of subsection (1) and subsection (4) of section 327.73,
8 Florida Statutes, are amended, subsections, (9), (10), and
9 (11) are added to said section, and paragraph (p) of
10 subsection (1) of said section is reenacted for the purpose of
11 incorporating the amendments to section 327.39, Florida
12 Statutes, in a reference, to read:
13 327.73 Noncriminal infractions.--
14 (1) Violations of the following provisions of the
15 vessel laws of this state are noncriminal infractions:
16 (k) Violations relating to restricted areas and speed
17 limits:
18 1. Established by the commission department pursuant
19 to s. 327.46.
20 2. Established by local governmental authorities
21 pursuant to s. 327.22 or s. 327.60.
22 3. Speed limits established pursuant to s. 370.12(2).
23 (p) Section 327.39(1), (2), (3), and (5), relating to
24 personal watercraft.
25
26 Any person cited for a violation of any such provision shall
27 be deemed to be charged with a noncriminal infraction, shall
28 be cited for such an infraction, and shall be cited to appear
29 before the county court. The civil penalty for any such
30 infraction is $50, except as otherwise provided in this
31 section. Any person who fails to appear or otherwise properly
26
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 respond to a uniform boating citation shall, in addition to
2 the charge relating to the violation of the boating laws of
3 this state, be charged with the offense of failing to respond
4 to such citation and, upon conviction, be guilty of a
5 misdemeanor of the second degree, punishable as provided in s.
6 775.082 or s. 775.083. A written warning to this effect shall
7 be provided at the time such uniform boating citation is
8 issued.
9 (4) Any person charged with a noncriminal infraction
10 under this section may:
11 (a) Pay the civil penalty, either by mail or in
12 person, within 30 10 days of the date of receiving the
13 citation; or,
14 (b) If he or she has posted bond, forfeit bond by not
15 appearing at the designated time and location.
16
17 If the person cited follows either of the above procedures, he
18 or she shall be deemed to have admitted the noncriminal
19 infraction and to have waived the right to a hearing on the
20 issue of commission of the infraction. Such admission shall
21 not be used as evidence in any other proceedings.
22 (9)(a) Any person who fails to comply with the court's
23 requirements or who fails to pay the civil penalties specified
24 in this section within the 30-day period provided for in s.
25 327.72 must pay an additional court cost of $12, which shall
26 be used by the clerks of the courts to defray the costs of
27 tracking unpaid uniform boating citations.
28 (b) Any person who fails to comply with the court's
29 requirements as to civil penalties specified in this section
30 due to demonstrated financial hardship shall be authorized to
31 satisfy such civil penalties by public works or community
27
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 service. Each hour of such service shall be applied, at the
2 rate of the minimum wage, toward payment of the person's civil
3 penalties; provided, however, that if the person has a trade
4 or profession for which there is a community service need and
5 application, the rate for each hour of such service shall be
6 the average standard wage for such trade or profession. Any
7 person who fails to comply with the court's requirements as to
8 such civil penalties who does not demonstrate financial
9 hardship may also, at the discretion of the court, be
10 authorized to satisfy such civil penalties by public works or
11 community service in the same manner.
12 (c) If the noncriminal infraction has caused or
13 resulted in the death of another, the court may require the
14 person who committed the infraction to perform 120 community
15 service hours in addition to any other penalties.
16 (10) Any person cited for any noncriminal infraction
17 which results in an accident that causes the death of another,
18 or which results in an accident that causes "serious bodily
19 injury" of another as defined in s. 327.353(1), shall not have
20 the provisions of subsection (4) available to him or her but
21 must appear before the designated official at the time and
22 location of the scheduled hearing.
23 (11)(a) Court costs that are to be in addition to the
24 stated civil penalty shall be imposed by the court in an
25 amount not less than the following:
26 1. For swimming or diving infractions, $3.
27 2. For nonmoving boating infractions, $6
28 3. For boating infractions listed in s. 327.731(1),
29 $10.
30 (b) In addition to the court cost assessed under
31 paragraph (a), the court shall impose a $3 court cost for each
28
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 noncriminal infraction, to be distributed as provided in s.
2 938.01, and a $2 court cost as provided in s. 938.15 when
3 assessed by a municipality or county.
4
5 Court costs imposed under this subsection may not exceed $30.
6 A criminal justice selection center or both local criminal
7 justice access and assessment centers may be funded from these
8 court costs.
9 Section 23. Effective October 1, 2001, paragraph (u)
10 is added to subsection (1) of section 327.73, Florida
11 Statutes, to read:
12 327.73 Noncriminal infractions.--
13 (1) Violations of the following provisions of the
14 vessel laws of this state are noncriminal infractions:
15 (u) Section 327.331, relating to divers-down flags,
16 except for violations meeting the requirements of s. 327.33.
17
18 Any person cited for a violation of any such provision shall
19 be deemed to be charged with a noncriminal infraction, shall
20 be cited for such an infraction, and shall be cited to appear
21 before the county court. The civil penalty for any such
22 infraction is $50, except as otherwise provided in this
23 section. Any person who fails to appear or otherwise properly
24 respond to a uniform boating citation shall, in addition to
25 the charge relating to the violation of the boating laws of
26 this state, be charged with the offense of failing to respond
27 to such citation and, upon conviction, be guilty of a
28 misdemeanor of the second degree, punishable as provided in s.
29 775.082 or s. 775.083. A written warning to this effect shall
30 be provided at the time such uniform boating citation is
31 issued.
29
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 24. Effective October 1, 2001, subsection (1)
2 of section 327.731, Florida Statutes, is amended to read:
3 327.731 Mandatory education for violators.--
4 (1) Every person convicted of a criminal violation of
5 this chapter, every person convicted of a noncriminal
6 infraction under this chapter if the infraction resulted in a
7 reportable boating accident, and every person convicted of two
8 noncriminal infractions as defined in s. 327.73(1)(h) through
9 (k), (m) through (p), and (s) through (u) (s), and (t), said
10 infractions occurring within a 12-month period, must:
11 (a) Enroll in, attend, and successfully complete, at
12 his or her own expense, a boating safety course that meets
13 minimum standards established by the commission by rule;
14 however, the commission may provide by rule pursuant to
15 chapter 120 for waivers of the attendance requirement for
16 violators residing in areas where classroom presentation of
17 the course is not available;
18 (b) File with the commission within 90 days proof of
19 successful completion of the course;
20 (c) Refrain from operating a vessel until he or she
21 has filed the proof of successful completion of the course
22 with the commission.
23
24 Any person who has successfully completed an approved boating
25 course shall be exempt from these provisions upon showing
26 proof to the commission as specified in paragraph (b).
27 Section 25. Subsections (1) and (3) of section
28 327.803, Florida Statutes, are amended to read:
29 327.803 Boating Advisory Council.--
30 (1) The Boating Advisory Council is created within the
31 Fish and Wildlife Conservation Commission and shall be
30
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 composed of 17 16 members. The members include:
2 (a) One representative from the Fish and Wildlife
3 Conservation Commission, who shall serve as the chair of the
4 council.
5 (b) One representative each from the Department of
6 Environmental Protection, the United States Coast Guard
7 Auxiliary, the United States Power Squadron, and the inland
8 navigation districts.
9 (c) One representative of manatee protection
10 interests, one representative of the marine industries, two
11 representatives of water-related environmental groups, one
12 representative of marine manufacturers, one representative of
13 commercial vessel owners or operators, one representative of
14 sport boat racing, one representative actively involved and
15 working full-time in the scuba diving industry who has
16 experience in recreational boating, and two representatives of
17 the boating public, each of whom shall be nominated by the
18 executive director of the Fish and Wildlife Conservation
19 Commission and appointed by the Governor to serve staggered
20 2-year terms.
21 (d) One member of the House of Representatives, who
22 shall be appointed by the Speaker of the House of
23 Representatives.
24 (e) One member of the Senate, who shall be appointed
25 by the President of the Senate.
26 (3) The purpose of the council is to make
27 recommendations to the Fish and Wildlife Conservation
28 Commission and the Department of Community Affairs regarding
29 issues affecting the boating community, including, but not
30 limited to, issues related to:
31 (a) Boating and diving safety education.
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Boating-related facilities, including marinas and
2 boat testing facilities.
3 (c) Boat usage.
4 Section 26. Subsection (2) of section 328.48, Florida
5 Statutes, is amended to read:
6 328.48 Vessel registration, application, certificate,
7 number, decal, duplicate certificate.--
8 (2) All vessels used operated on the waters of the
9 state must be registered, either commercial or recreational
10 noncommercial as defined in this chapter herein, except as
11 follows:
12 (a) A vessel used exclusively on private lakes and
13 ponds.
14 (b) A vessel owned by the United States Government.
15 (c) A vessel used exclusively as a ship's lifeboat.
16 (d) A non-motor-powered vessel.
17 Section 27. Section 328.56, Florida Statutes, is
18 amended to read:
19 328.56 Vessel registration number.--Each vessel that
20 is used operated on the waters of the state must display a
21 commercial or recreational noncommercial Florida registration
22 number, unless it is:
23 (1) A vessel used exclusively on private lakes and
24 ponds.
25 (2) A vessel owned by the United States Government.
26 (3) A vessel used exclusively as a ship's lifeboat.
27 (4) A non-motor-powered vessel.
28 (5) A federally documented vessel.
29 (6) A vessel already covered by a registration number
30 in full force and effect which has been awarded to it pursuant
31 to a federally approved numbering system of another state or
32
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 by the United States Coast Guard in a state without a
2 federally approved numbering system, if the vessel has not
3 been within this state for a period in excess of 90
4 consecutive days.
5 (7) A vessel operating under a valid temporary
6 certificate of number.
7 (8) A vessel from a country other than the United
8 States temporarily using the waters of this state.
9 (9) An undocumented vessel used exclusively for
10 racing.
11 Section 28. Subsection (1) of section 328.66, Florida
12 Statutes, is amended to read:
13 328.66 County and municipality optional registration
14 fee.--
15 (1) Any county may impose an annual registration fee
16 on vessels registered, operated, or stored in the water within
17 its jurisdiction. This fee shall be 50 percent of the
18 applicable state registration fee. However, the first $1 of
19 every registration imposed under this subsection shall be
20 remitted to the state for deposit in the Save the Manatee
21 Trust Fund created within the Fish and Wildlife Conservation
22 Commission, and shall be used only for the purposes specified
23 in s. 370.12(4) for expenditure solely on activities related
24 to the preservation of manatees. All other moneys received
25 from such fee shall be expended for the patrol, regulation,
26 and maintenance of the lakes, rivers, and waters and for other
27 boating-related activities of such municipality or county. A
28 municipality that was imposing a registration fee before April
29 1, 1984, may continue to levy such fee, notwithstanding the
30 provisions of this section.
31 Section 29. Section 328.70, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amended to read:
2 328.70 Legislative intent with respect to uniform
3 registration fee, classification of vessels.--
4 (a) It is declared to be the intent of the Legislature
5 that all vessels in the state be subject to a uniform
6 registration fee at a rate based on the length of the vessels.
7 It is also declared to be the intent of the Legislature that
8 all vessels be classified as either "commercial" or
9 "recreational noncommercial" and that all such vessels be
10 registered according to the provisions of s. 328.72.
11 (b) Any vessel which is required to be registered and
12 meets the definition of a commercial vessel shall be
13 classified and registered as a "commercial vessel."
14 (c) Any vessel which is required to be registered and
15 is not used operated for commercial purposes shall be
16 classified and registered as a "recreational noncommercial
17 vessel."
18 (d) Livery vessels shall be classified as "commercial"
19 or "recreational" based on the manner in which they are used.
20 Section 30. Subsections (2), (6), (7), and (11) of
21 section 328.72, Florida Statutes, are amended to read:
22 328.72 Classification; registration; fees and charges;
23 surcharge; disposition of fees; fines; marine turtle
24 stickers.--
25 (2) ANTIQUE VESSEL REGISTRATION FEE.--
26 (a) A vessel that is at least 30 years old, used only
27 for recreational noncommercial purposes, and powered by the
28 vessel's original-type power plant may be registered as an
29 antique vessel. When applying for registration as an antique
30 vessel, the owner of such a vessel shall submit certification,
31 as prescribed by the Department of Highway Safety and Motor
34
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Vehicles or from a marine surveyor that the vessel meets the
2 requirements of this paragraph.
3 (b) The registration number for an antique vessel
4 shall be permanently attached to each side of the forward half
5 of the vessel displayed as provided in ss. 328.48 and 328.54.
6 (c) The Department of Highway Safety and Motor
7 Vehicles may issue a decal identifying the vessel as an
8 antique vessel. The decal shall be displayed as provided in
9 ss. 328.48 327.11 and 328.54 327.14.
10 (6) CHANGE OF CLASSIFICATION.--If the classification
11 of a vessel changes from recreational noncommercial to
12 commercial, or from commercial to recreational noncommercial,
13 and a current registration certificate has been issued to the
14 owner, the owner shall within 30 days forward his or her
15 certificate to the county tax collector with a fee of $2.25
16 and a new certificate shall be issued.
17 (7) SERVICE FEE.--In addition to other registration
18 fees, the vessel owner shall pay the tax collector a $2.25
19 service fee for each registration issued, replaced, or
20 renewed. Except as provided in subsection (15), all fees,
21 other than the service charge, collected by a tax collector
22 must be remitted to the department not later than 7 working
23 days following the last day of the week in which the money was
24 remitted. Vessels may travel in salt water or fresh water.
25 (11) VOLUNTARY CONTRIBUTIONS.--The application form
26 for boat registration shall include a provision to allow each
27 applicant to indicate a desire to pay an additional voluntary
28 contribution to the Save the Manatee Trust Fund to be used for
29 the purposes specified in s. 370.12(4). for manatee and
30 marine mammal research, protection, recovery, rescue,
31 rehabilitation, and release. This contribution shall be in
35
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 addition to all other fees and charges. The amount of the
2 request for a voluntary contribution solicited shall be $2 or
3 $5 per registrant. A registrant who provides a voluntary
4 contribution of $5 or more shall be given a sticker or emblem
5 by the tax collector to display, which signifies support for
6 the Save the Manatee Trust Fund. All voluntary contributions
7 shall be deposited in the Save the Manatee Trust Fund and
8 shall be used for the purposes specified in s. 370.12(4). for
9 use according to this subsection. The first $2 of voluntary
10 contribution by a vessel registrant shall be available for the
11 manatee protection and recovery effort pursuant to s.
12 370.12(4)(a). Any additional amount of voluntary contribution
13 by a vessel registrant shall also be for the purpose of the
14 manatee protection and recovery effort, except that any
15 voluntary contribution in excess of the first $2 voluntary
16 contribution by a vessel registrant but not exceeding $2 shall
17 be available for manatee rehabilitation by those facilities
18 approved to rescue, rehabilitate, and release manatees
19 pursuant to s. 370.12(4)(b). The form shall also include
20 language permitting a voluntary contribution of $5 per
21 applicant, which contribution shall be transferred into the
22 Election Campaign Financing Trust Fund. A statement providing
23 an explanation of the purpose of the trust fund shall also be
24 included.
25 Section 31. Effective July 1, 2001, subsection (15) of
26 section 328.72, Florida Statutes, is amended to read:
27 328.72 Classification; registration; fees and charges;
28 surcharge; disposition of fees; fines; marine turtle
29 stickers.--
30 (15) DISTRIBUTION OF FEES.--Moneys designated for the
31 use of the counties, as specified in subsection (1), shall be
36
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 distributed by the tax collector to the board of county
2 commissioners for use as provided in this section. Such
3 moneys deposited pursuant to s. 328.76 to be returned to the
4 counties are for the sole purposes of providing recreational
5 channel marking and public launching facilities and other
6 boating-related activities, for removal of vessels and
7 floating structures deemed a hazard to public safety and
8 health for failure to comply with s. 327.53, and for manatee
9 and marine mammal protection and recovery. The department
10 shall ascertain, as a guideline in determining the amounts of
11 distributions each county may receive, the number of
12 noncommercial vessels registered in the county during the
13 preceding fiscal year according to the fee schedule provided
14 in subsection (1) and shall promulgate rules to effectuate
15 this. Each fiscal year, prior to determination of
16 distributions to the counties under this section, an amount
17 equal to $1 for each vessel registered in this state shall be
18 transferred to the Save the Manatee Trust Fund for manatee and
19 marine mammal research, protection, and recovery.
20 Section 32. Paragraphs (a) and (b) of subsection (1)
21 of section 328.76, Florida Statutes, are amended to read:
22 328.76 Marine Resources Conservation Trust Fund;
23 vessel registration funds; appropriation and distribution.--
24 (1) Except as otherwise specified and less any
25 administrative costs, all funds collected from the
26 registration of vessels through the Department of Highway
27 Safety and Motor Vehicles and the tax collectors of the state
28 shall be deposited in the Marine Resources Conservation Trust
29 Fund for recreational channel marking; public launching
30 facilities; law enforcement and quality control programs;
31 aquatic weed control; manatee protection, recovery, rescue,
37
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rehabilitation, and release; and marine mammal protection and
2 recovery. The funds collected pursuant to s. 328.72(1) shall
3 be transferred as follows:
4 (a) In each fiscal year, an amount equal to $1.50 $1
5 for each vessel registered in this state shall be transferred
6 to the Save the Manatee Trust Fund and shall be used only for
7 the purposes specified in s. 370.12(4). for manatee and marine
8 mammal research, protection, and recovery in accordance with
9 the provisions of s. 370.12(4)(a).
10 (b) In addition, in each fiscal year, an amount equal
11 to 50 cents for each vessel registered in this state shall be
12 transferred to the Save the Manatee Trust Fund in accordance
13 with the provisions of s. 370.12(4)(b) for use by those
14 facilities approved to rescue, rehabilitate, and release
15 manatees as authorized pursuant to the Fish and Wildlife
16 Service of the United States Department of the Interior.
17 Section 33. Effective July 1, 2001, subsection (1) of
18 section 328.76, Florida Statutes, is amended to read:
19 328.76 Marine Resources Conservation Trust Fund;
20 vessel registration funds; appropriation and distribution.--
21 (1) Except as otherwise specified and less any
22 administrative costs, all funds collected from the
23 registration of vessels through the Department of Highway
24 Safety and Motor Vehicles and the tax collectors of the state,
25 except for those funds designated for the use of the counties
26 pursuant to s. 328.72(1), shall be deposited in the Marine
27 Resources Conservation Trust Fund for recreational channel
28 marking; public launching facilities; law enforcement and
29 quality control programs; aquatic weed control; manatee
30 protection, recovery, rescue, rehabilitation, and release; and
31 marine mammal protection and recovery. The funds collected
38
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to s. 328.72(1) shall be transferred as follows:
2 (a) In each fiscal year, an amount equal to $1.50 for
3 each vessel registered in this state shall be transferred to
4 the Save the Manatee Trust Fund and shall be used only for the
5 purposes specified in s. 370.12(4) for manatee and marine
6 mammal research, protection, and recovery in accordance with
7 the provisions of s. 370.12(4)(a).
8 (b) In addition, in each fiscal year, an amount equal
9 to 50 cents for each vessel registered in this state shall be
10 transferred to the Save the Manatee Trust Fund in accordance
11 with the provisions of s. 370.12(4)(b) for use by those
12 facilities approved to rescue, rehabilitate, and release
13 manatees as authorized pursuant to the Fish and Wildlife
14 Service of the United States Department of the Interior.
15 (c) Two dollars from each noncommercial vessel
16 registration fee, except that for class A-1 vessels, shall be
17 transferred to the Invasive Plant Control Trust Fund for
18 aquatic weed research and control.
19 (d) Forty percent of the registration fees from
20 commercial vessels shall be transferred to the Invasive Plant
21 Control Trust Fund for aquatic plant research and control.
22 (e) Forty percent of the registration fees from
23 commercial vessels shall be transferred by the Department of
24 Highway Safety and Motor Vehicles, on a monthly basis, to the
25 General Inspection Trust Fund of the Department of Agriculture
26 and Consumer Service. These funds shall be used for shellfish
27 and aquaculture law enforcement and quality control programs.
28 Section 34. Paragraph (a) of subsection (2) and
29 subsection (3) of section 370.06, Florida Statutes, are
30 amended to read:
31 370.06 Licenses.--
39
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) SALTWATER PRODUCTS LICENSE.--
2 (a) Every person, firm, or corporation that sells,
3 offers for sale, barters, or exchanges for merchandise any
4 saltwater products, or which harvests saltwater products with
5 certain gear or equipment as specified by law, must have a
6 valid saltwater products license, except that the holder of an
7 aquaculture certificate under s. 597.004 is not required to
8 purchase and possess a saltwater products license in order to
9 possess, transport, or sell marine aquaculture products. Each
10 saltwater products license allows the holder to engage in any
11 of the activities for which the license is required. The
12 license must be in the possession of the licenseholder or
13 aboard the vessel and shall be subject to inspection at any
14 time that harvesting activities for which a license is
15 required are being conducted. A restricted species endorsement
16 on the saltwater products license is required to sell to a
17 licensed wholesale dealer those species which the state, by
18 law or rule, has designated as "restricted species." This
19 endorsement may be issued only to a person who is at least 16
20 years of age, or to a firm certifying that over 25 percent of
21 its income or $5,000 of its income, whichever is less, is
22 attributable to the sale of saltwater products pursuant to a
23 license issued under this paragraph or a similar license from
24 another state. This endorsement may also be issued to a
25 for-profit corporation if it certifies that at least $5,000 of
26 its income is attributable to the sale of saltwater products
27 pursuant to a license issued under this paragraph or a similar
28 license from another state. However, if at least 50 percent of
29 the annual income of a person, firm, or for-profit corporation
30 is derived from charter fishing, the person, firm, or
31 for-profit corporation must certify that at least $2,500 of
40
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the income of the person, firm, or corporation is attributable
2 to the sale of saltwater products pursuant to a license issued
3 under this paragraph or a similar license from another state,
4 in order to be issued the endorsement. Such income attribution
5 must apply to at least 1 year out of the last 3 years. For the
6 purpose of this section "income" means that income which is
7 attributable to work, employment, entrepreneurship, pensions,
8 retirement benefits, and social security benefits. To renew an
9 existing restricted species endorsement, a marine aquaculture
10 producer possessing a valid saltwater products license with a
11 restricted species endorsement may apply income from the sale
12 of marine aquaculture products to licensed wholesale dealers.
13 1. The Fish and Wildlife Conservation commission is
14 authorized to require verification of such income. Acceptable
15 proof of income earned from the sale of saltwater products
16 shall be:
17 a. Copies of trip ticket records generated pursuant to
18 this subsection (marine fisheries information system),
19 documenting qualifying sale of saltwater products;
20 b. Copies of sales records from locales other than
21 Florida documenting qualifying sale of saltwater products;
22 c. A copy of the applicable federal income tax return,
23 including Form 1099 attachments, verifying income earned from
24 the sale of saltwater products;
25 d. Crew share statements verifying income earned from
26 the sale of saltwater products; or
27 e. A certified public accountant's notarized statement
28 attesting to qualifying source and amount of income.
29
30 Any provision of this section or any other section of the
31 Florida Statutes to the contrary notwithstanding, any person
41
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 who owns a retail seafood market or restaurant at a fixed
2 location for at least 3 years who has had an occupational
3 license for 3 years prior to January 1, 1990, who harvests
4 saltwater products to supply his or her retail store and has
5 had a saltwater products license for 1 of the past 3 years
6 prior to January 1, 1990, may provide proof of his or her
7 verification of income and sales value at the person's retail
8 seafood market or restaurant and in his or her saltwater
9 products enterprise by affidavit and shall thereupon be issued
10 a restricted species endorsement.
11 2. Exceptions from income requirements shall be as
12 follows:
13 a. A permanent restricted species endorsement shall be
14 available to those persons age 62 and older who have qualified
15 for such endorsement for at least 3 out of the last 5 years.
16 b. Active military duty time shall be excluded from
17 consideration of time necessary to qualify and shall not be
18 counted against the applicant for purposes of qualifying.
19 c. Upon the sale of a used commercial fishing vessel
20 owned by a person, firm, or corporation possessing or eligible
21 for a restricted species endorsement, the purchaser of such
22 vessel shall be exempted from the qualifying income
23 requirement for the purpose of obtaining a restricted species
24 endorsement for a period of 1 year after purchase of the
25 vessel.
26 d. Upon the death or permanent disablement of a person
27 possessing a restricted species endorsement, an immediate
28 family member wishing to carry on the fishing operation shall
29 be exempted from the qualifying income requirement for the
30 purpose of obtaining a restricted species endorsement for a
31 period of 1 year after the death or disablement.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 e. A restricted species endorsement may be issued on
2 an individual saltwater products license to a person age 62 or
3 older who documents that at least $2,500 is attributable to
4 the sale of saltwater products pursuant to the provisions of
5 this paragraph.
6 f. A permanent restricted species endorsement may also
7 be issued on an individual saltwater products license to a
8 person age 70 or older who has held a saltwater products
9 license for at least 3 of the last 5 license years.
10 g.(I) Any resident who is certified to be totally and
11 permanently disabled by a verified written statement, based
12 upon the criteria for permanent total disability in chapter
13 440 from a physician licensed in this state, by any branch of
14 the United States Armed Services, by the Social Security
15 Administration, or by the United States Department of Veterans
16 Affairs or its predecessor, or by any branch of the United
17 States Armed Forces, or who holds a valid identification card
18 issued by the Department of Veterans' Affairs pursuant to s.
19 295.17, upon proof of the same, or any resident certified to
20 be totally disabled by the United States Social Security
21 Administration, upon proof of the same, or any resident who
22 holds a valid identification card issued by the Department of
23 Veterans' Affairs pursuant to s. 295.17, shall be exempted
24 from the income requirements if he or she also has held a
25 saltwater products license for at least 3 of the last 5
26 license years prior to the date of the disability.
27 (II) A Disability Award Notice issued by the United
28 States Social Security Administration is not sufficient
29 certification for a resident to obtain the income exemption
30 unless the notice certifies that the resident is totally and
31 permanently disabled.
43
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1
2 At least one saltwater products license bearing a restricted
3 species endorsement shall be aboard any vessel harvesting
4 restricted species in excess of any bag limit or when fishing
5 under a commercial quota or in commercial quantities, and such
6 vessel shall have a commercial vessel registration. This
7 subsection does not apply to any person, firm, or corporation
8 licensed under s. 370.07(1)(a)1. or (b) for activities
9 pursuant to such licenses. A saltwater products license may be
10 issued in the name of an individual or a valid boat
11 registration number. Such license is not transferable. A decal
12 shall be issued with each saltwater products license issued to
13 a valid boat registration number. The saltwater products
14 license decal shall be the same color as the vessel
15 registration decal issued each year pursuant to s. 328.48(5)
16 and shall indicate the period of time such license is valid.
17 The saltwater products license decal shall be placed beside
18 the vessel registration decal and, in the case of an
19 undocumented vessel, shall be placed so that the vessel
20 registration decal lies between the vessel registration number
21 and the saltwater products license decal. Any saltwater
22 products license decal for a previous year shall be removed
23 from a vessel operating on the waters of the state. A resident
24 shall pay an annual license fee of $50 for a saltwater
25 products license issued in the name of an individual or $100
26 for a saltwater products license issued to a valid boat
27 registration number. A nonresident shall pay an annual license
28 fee of $200 for a saltwater products license issued in the
29 name of an individual or $400 for a saltwater products license
30 issued to a valid boat registration number. An alien shall pay
31 an annual license fee of $300 for a saltwater products license
44
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 issued in the name of an individual or $600 for a saltwater
2 products license issued to a valid boat registration number.
3 Any person who sells saltwater products pursuant to this
4 license may sell only to a licensed wholesale dealer. A
5 saltwater products license must be presented to the licensed
6 wholesale dealer each time saltwater products are sold, and an
7 imprint made thereof. The wholesale dealer shall keep records
8 of each transaction in such detail as may be required by rule
9 of the Fish and Wildlife Conservation commission not in
10 conflict with s. 370.07(6), and shall provide the holder of
11 the saltwater products license with a copy of the record. It
12 is unlawful for any licensed wholesale dealer to buy saltwater
13 products from any unlicensed person under the provisions of
14 this section, except that a licensed wholesale dealer may buy
15 from another licensed wholesale dealer. It is unlawful for any
16 licensed wholesale dealer to buy saltwater products designated
17 as "restricted species" from any person, firm, or corporation
18 not possessing a restricted species endorsement on his or her
19 saltwater products license under the provisions of this
20 section, except that a licensed wholesale dealer may buy from
21 another licensed wholesale dealer. The commission shall be the
22 licensing agency, may contract with private persons or
23 entities to implement aspects of the licensing program, and
24 shall establish by rule a marine fisheries information system
25 in conjunction with the licensing program to gather fisheries
26 data.
27 (3) NET LICENSES.--Except for cast nets and bait
28 seines which are 100 feet in length or less and which have a
29 mesh that is 3/8 inch or less, all nets used to take
30 finfish, including, but not limited to, gill nets, trammel
31 nets, and beach seines, must be licensed or registered. Each
45
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 net used to take finfish for commercial purposes, or by a
2 nonresident, must be licensed under a saltwater products
3 license issued pursuant to subsection (2) and must bear the
4 number of such license. A noncommercial resident net
5 registration must be issued to each net used to take finfish
6 for noncommercial purposes and may only be issued to residents
7 of the state. Each net so registered must bear the name of the
8 person in whose name the net is registered.
9 Section 35. Paragraph (a) of subsection (2), and
10 subsections (4), (6), and (12) of section 370.0605, F.S., are
11 amended to read:
12 370.0605 Saltwater fishing license required; fees.--
13 (2) Saltwater fishing license fees are as follows:
14 (a)1. For a resident of the state, $12 for a 1-year
15 license.
16 2. For a resident of the state, $60 for 5 consecutive
17 years from the date of purchase.
18 3. For a nonresident of the state, $5 for a 3-day
19 license, $15 for a 7-day license, and $30 for a 1-year
20 license.
21 4. For a combination license for a resident to take
22 freshwater fish and saltwater fish, $24 for a 1-year license.
23 5. For a combination license for a resident to hunt
24 and to take freshwater fish and saltwater fish, $34 for a
25 1-year license.
26 6.4. For purposes of this section, "resident" has the
27 same meaning as that found in s. 372.001.
28 (4) A saltwater fishing license must be issued,
29 without license fee, to any resident who is certified:
30 (a) To be totally and permanently disabled by the
31 verified written statement which is based upon the criteria
46
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for permanent total disability in chapter 440 of a physician
2 licensed in this state, by any branch of the United States
3 Armed Services, by the Social Security Administration, or by
4 the United States Department of Veterans Affairs or its
5 predecessor, or by any branch of the United States Armed
6 Forces, or who holds a valid identification card issued by the
7 Department of Veterans' Affairs pursuant to s. 295.17, upon
8 proof of same. Any license issued under this paragraph after
9 January 1, 1997, expires after 5 years. Upon request, the
10 license shall be reissued for a 5 year period and shall be
11 reissued every 5 years thereafter; or who holds a valid
12 identification card issued by the Department of Veterans'
13 Affairs pursuant to s. 295.17.
14 (b) To be totally disabled A Disability Award Notice
15 issued by the United States Social Security Administration,
16 upon proof of same. Any license issued under this paragraph
17 after October 1, 1999, expires September 30, 2001. Upon proof
18 of certification as provided in this paragraph, the license
19 shall be reissued for a 2-year period and shall be reissued
20 every 2 years thereafter. is not sufficient certification for
21 obtaining a permanent fishing license under this section
22 unless the notice certifies a resident is totally and
23 permanently disabled. Any license issued after January 1,
24 1997, expires after 5 years and must be reissued, upon
25 request, every 5 years thereafter.
26 (c) Notwithstanding any other provision of this
27 subsection, any person who has received after July 1, 1997,
28 and before July 1, 2000, a valid disability license under this
29 subsection retains the rights vested thereunder until the
30 license has expired.
31 (6)(a) The Fish and Wildlife Conservation Commission,
47
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 all county tax collectors, or any appointed subagent may sell
2 licenses and permits and collect fees pursuant to this
3 section. A fee for electronic license sales may be
4 established by competitive-bid procedures that are overseen by
5 the commission.
6 (b) The commission is the issuing department for the
7 purpose of issuing licenses and permits and collecting fees
8 pursuant to this section.
9 (c) In addition to the license and permit fee
10 collected, the sum of $1.50 shall be charged for each license.
11 Such charge shall be for the purpose of, and the source from
12 which is subtracted, all administrative costs of issuance,
13 including, but not limited to, printing, distribution, and
14 credit card fees. Tax collectors may retain $1.50 for each
15 license sold.
16 (d)1. Each county tax collector shall maintain records
17 of all such licenses, permits, and stamps that are sold,
18 voided, stolen, or lost. Licenses and permits must be issued
19 and reported, and fees must be remitted, in accordance with
20 the procedures established in chapter 372.
21 2. Not later than August 15 of each year, each county
22 tax collector shall submit to the Fish and Wildlife
23 Conservation Commission a written audit report, on forms
24 prescribed or approved by the commission, as to the numbers of
25 all unissued licenses and permits stamps for the previous
26 fiscal year along with all unissued pictorial permits a
27 written audit report, on forms prescribed or approved by the
28 Fish and Wildlife Conservation Commission, as to the numbers
29 of the unissued stamps.
30 (e) A license or permit to replace a lost or destroyed
31 license or permit may be obtained by submitting an application
48
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for replacement. The fee is $10 for each application for
2 replacement of a lifetime license and $2 for each application
3 for replacement for any other license or permit. Such fees
4 shall be for the purpose of, and the source from which is
5 subtracted, all administrative costs of issuing the license or
6 permit, including, but not limited to, printing, distribution,
7 and credit card fees. Tax collectors may retain $1 for each
8 application for a replacement license or permit processed.
9 (12) The Fish and Wildlife Conservation commission may
10 designate by rule no more than 2 consecutive or nonconsecutive
11 days in each year as free saltwater fishing days. "Disabled
12 Angler Fishing Days." Notwithstanding any other provision of
13 this chapter, any disabled person may take saltwater marine
14 fish for noncommercial purposes on a free saltwater fishing
15 day Disabled Angler Fishing Day without obtaining or
16 possessing a license or paying a license fee as prescribed in
17 this section. A disabled person who takes saltwater marine
18 fish on a free saltwater fishing day Disabled Angler Fishing
19 Day without obtaining a license or paying a fee must comply
20 with all laws, rules, and regulations governing holders of a
21 fishing license and all other conditions and limitations
22 regulating the taking of saltwater marine fish as are imposed
23 by law or rule.
24 Section 36. Section 372.561, Florida Statutes, is
25 amended to read:
26 372.561 Issuance of licenses to take wild animal life
27 or freshwater aquatic life; costs; reporting.--
28 (1) The provisions of This section applies shall apply
29 to such licenses or permits as are established in s. 372.57.
30 (2) The commission shall issue licenses and permits to
31 take wild animal life or freshwater aquatic life upon proof by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the applicant for licensure that she or he is entitled to such
2 license or permit. The commission shall establish the forms
3 for such licenses and permits. Each applicant for a license,
4 permit, or authorization shall provide the applicant's social
5 security number on the application form. Disclosure of social
6 security numbers obtained through this requirement shall be
7 limited to the purpose of administration of the Title IV-D
8 program for child support enforcement and use by the
9 commission, and as otherwise provided by law.
10 (3) Licenses and permits for the state may be sold by
11 the commission, by any tax collector in this state, or by any
12 appointed subagent.
13 (4)(a) In addition to any license or permit fee, the
14 sum of $1.50 shall be charged for each license or management
15 area permit sold. Such charge is for the purpose of, and the
16 source from which is subtracted, all administrative costs of
17 issuing a license or permit, including, but not limited to,
18 printing, distribution, and credit card fees.
19 (b) Tax collectors may retain $1 for each license or
20 management area permit sold.
21 (5)(a) Hunting and fishing licenses and permits shall
22 be issued, without fee, to any resident who is certified:
23 1. To be totally and permanently disabled by the
24 United States Department of Veterans Affairs or its
25 predecessor or, by the United States Social Security
26 Administration, by any branch of the United States Armed
27 Forces, or by the verified written statement which is based
28 upon the criteria for permanent and total disability in
29 chapter 440 of a physician licensed in this state or who holds
30 a valid identification card issued under the provisions of s.
31 295.17, upon proof of the same. Any license issued under this
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provision after January 1, 1997, expires after 5 years and
2 must be reissued, upon request, every 5 years thereafter.
3 2. To be totally disabled A Disability Award Notice
4 issued by the United States Social Security Administration
5 upon proof of the same. Any license issued under this
6 provision after October 1, 1999, expires after 2 years and
7 must be reissued, upon proof of certification as provided in
8 this subsection, every 2 years thereafter is not sufficient
9 certification for obtaining a permanent hunting and fishing
10 license under this section unless said form certifies a
11 resident is totally and permanently disabled.
12 (b) Notwithstanding any other provisions of this
13 section, any person who has received after July 1, 1997, and
14 before July 1, 2000, a valid disability license issued under
15 this subsection, retains the rights vested thereunder until
16 the license has expired.
17 (6)(a) Tax collectors shall remit license and permit
18 moneys, along with a report of funds collected and other
19 required documentation, to the commission within 7 days
20 following the last business day of the week in which the fees
21 were received by the tax collector. The tax collector shall
22 maintain records of all such licenses and permits which are
23 sold, and all stamps issued voided, stolen, or lost. The tax
24 collector is responsible to the commission for the fee for all
25 licenses and permits sold and for the value of all licenses
26 and permits stamps reported as lost. The tax collector shall
27 report stolen licenses and permits to the appropriate law
28 enforcement agency. The tax collector shall submit a written
29 report and a copy of the law enforcement agency's report to
30 the commission within 5 days after discovering the theft. The
31 value of a validation stamp is $5.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Tax collectors are also responsible for fees for
2 all licenses and permits sold by their subagents and for the
3 value of all licenses and permits stamps reported as lost.
4 The commission may adopt rules to implement this section.
5 (c) Not later than August 15 of each year, each county
6 tax collector shall submit to the commission a written audit
7 report, on forms prescribed or approved by the commission, as
8 to the numbers of all unissued licenses and permits stamps for
9 the previous year along with all unissued pictorial permits a
10 written audit report, on forms prescribed or approved by the
11 commission, of the numbers of the unissued stamps.
12 (7) Within 30 days after the submission of the annual
13 audit report, each county tax collector shall provide the
14 commission with a written audit report on unissued, sold, and
15 voided licenses, permits, and stamps with a certified
16 reconciliation statement prepared by a certified public
17 accountant. Concurrent with the submission of the
18 certification, the county tax collector shall remit to the
19 commission the monetary value of all licenses, permits, and
20 stamps that are unaccounted for. Each tax collector is also
21 responsible for fees for all licenses, permits, and stamps
22 distributed by him or her to subagents, sold by him or her, or
23 reported by him or her as lost.
24 Section 37. New paragraphs (i) and (j) are created in
25 subsection (2), of section 372.57, F.S., and current paragraph
26 (i) is renumbered as paragraph (k) and 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
52
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
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 (2) For residents and nonresidents, the license and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 fees for noncommercial fishing and for hunting and trapping in
2 this state, and the activity authorized thereby, are as
3 follows:
4 (i) A combination license for a resident to hunt and
5 to take freshwater fish and saltwater fish is $34 for a 1-year
6 license.
7 (j) A permanent hunting and freshwater fishing license
8 for a resident 64 years of age or older is $12.
9 (k)(i) A sportsman's license for a resident is $66.
10 The sportsman's license authorizes the holder to take
11 freshwater fish and game, subject to state and federal laws,
12 rules, and regulations, including and rules of the commission,
13 in effect at the time of taking, and authorizes the same
14 activities authorized by a management area permit, a
15 muzzle-loading gun permit, a turkey permit, a Florida
16 waterfowl permit, and an archery permit. A nonresident may
17 not purchase a sportsman's license.
18 Section 38. Section 372.574, Florida Statutes, is
19 amended to read:
20 372.574 Appointment of subagents for the sale of
21 hunting, fishing, and trapping licenses and permits.--
22 (1) A county tax collector who elects to sell licenses
23 and permits may appoint any person as a subagent for the sale
24 of fishing, hunting, and trapping licenses and permits that
25 the tax collector is allowed to sell. The following are
26 requirements for subagents:
27 (a) Each subagent must serve at the pleasure of the
28 county tax collector.
29 (b) Neither an employee of the county tax collector
30 nor her or his relative or next of kin, by blood or otherwise,
31 may be appointed as a subagent.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) The tax collector may require each subagent to
2 post an appropriate bond as determined by the tax collector,
3 using an insurance company acceptable to the tax collector.
4 In lieu of such bond, the tax collector may purchase blanket
5 bonds covering all or selected subagents or may allow a
6 subagent to post such other security as is required by the tax
7 collector.
8 (d) A subagent may sell licenses and permits as are
9 determined by the tax collector at such specific locations
10 within the county and in states contiguous to Florida as will
11 best serve the public interest and convenience in obtaining
12 licenses and permits. The commission may uniformly prohibit
13 subagents from selling certain licenses or permits.
14 (e) It is unlawful for any person to handle licenses
15 or permits for a fee or compensation of any kind unless she or
16 he has been appointed as a subagent.
17 (f) Any person who willfully violates any of the
18 provisions of this law is guilty of a misdemeanor of the
19 second degree, punishable as provided in s. 775.082 or s.
20 775.083.
21 (g) A subagent may charge and receive as her or his
22 compensation 50 cents for each license or permit sold. This
23 charge is in addition to the sum required by law to be
24 collected for the sale and issuance of each license or permit.
25 (h) A subagent shall submit payment for and report the
26 sale of licenses and permits to the tax collector as
27 prescribed by the tax collector but no less frequently than
28 monthly.
29 (i) Subagents shall submit an activity report for
30 sales made during the reporting period on forms prescribed or
31 approved by the commission. Periodic audits may be performed
55
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 at the discretion of the commission.
2 (2) If a tax collector elects not to appoint
3 subagents, the commission may appoint subagents within that
4 county. Subagents shall serve at the pleasure of the
5 commission. The commission may establish, by rule, procedures
6 for selection of subagents. The following are requirements
7 for subagents so appointed:
8 (a) The commission may require each subagent to post
9 an appropriate bond as determined by the commission, using an
10 insurance company acceptable to the commission. In lieu of
11 the bond, the commission may purchase blanket bonds covering
12 all or selected subagents or may allow a subagent to post
13 other security as required by the commission.
14 (b) A subagent may sell licenses and permits as
15 authorized by the commission at specific locations within the
16 county and in states as will best serve the public interest
17 and convenience in obtaining licenses and permits. The
18 commission may prohibit subagents from selling certain
19 licenses or permits.
20 (c) It is unlawful for any person to handle licenses
21 or permits for a fee or compensation of any kind unless he or
22 she has been appointed as a subagent.
23 (d) Any person who willfully violates any of the
24 provisions of this section commits a misdemeanor of the second
25 degree, punishable as provided in s. 775.082 or s. 775.083.
26 (e) A subagent may charge and receive as his or her
27 compensation 50 cents for each license or permit sold. This
28 charge is in addition to the sum required by law to be
29 collected for the sale and issuance of each license or permit.
30 In addition, no later than July 1, 1997, a subagent fee for
31 the sale of licenses over the telephone by credit card shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be established by competitive bid procedures which are
2 overseen by the Fish and Wildlife Conservation Commission. A
3 fee for electronic license sales may be established by
4 competitive-bid procedures that are overseen by the Fish and
5 Wildlife Conservation Commission.
6 (f) A subagent shall submit payment for and report the
7 sale of licenses and permits to the commission as prescribed
8 by the commission.
9 (g) Subagents shall maintain records of all licenses
10 and permits sold and all stamps issued, voided, stolen, or
11 lost. Subagents are responsible to the commission for the
12 fees for all licenses and permits sold and for the value of
13 all licenses and permits stamps reported as lost. Subagents
14 must report all stolen licenses and permits validation stamps
15 to the appropriate law enforcement agency. The subagent shall
16 submit a written report and a copy of the law enforcement
17 agency's report to the commission within 5 days after
18 discovering the theft. The value of a lost validation stamp is
19 $5.
20 (h) Subagents shall submit an activity report for
21 sales made during the reporting period on forms prescribed or
22 approved by the commission. Periodic audits may be performed
23 at the discretion of the commission.
24 (i) By July 15 of each year, each subagent shall
25 submit to the commission all unissued stamps for the previous
26 year along with a written audit report, on forms prescribed or
27 approved by the commission, on the numbers of the unissued
28 stamps.
29 (3) The Fish and Wildlife Conservation Commission or
30 any other law enforcement agency may carry out any
31 investigation necessary to secure information required to
57
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 carry out and enforce this section.
2 (4)(3) All social security numbers that which are
3 provided pursuant to ss. 372.561 and 372.57 and are contained
4 in records of any subagent appointed under pursuant to this
5 section are confidential as provided in those sections.
6 Section 39. Section 372.66, Florida Statutes, is
7 amended to read:
8 372.66 License required for fur and hide dealers.--
9 (1) It is unlawful for any person to engage in the
10 business of a dealer or buyer in alligator skins or green or
11 dried furs in the state or purchase such skins within the
12 state until such person has been licensed as herein provided.
13 (2) Any resident dealer or buyer who solicits business
14 through the mails, or by advertising, or who travels to buy or
15 employs or has other agents or buyers, shall be deemed a
16 resident state dealer and must shall be required to pay a
17 license fee of $100 per annum and shall pay an agent's license
18 fee of $5 per annum for each agent or traveling buyer employed
19 by or buying for such licensed state dealer.
20 (3) Any resident dealer or buyer who does not solicit
21 by mail, advertise, travel to buy or employ or have agents or
22 traveling buyers shall be deemed a resident local dealer and
23 shall be required to pay a license fee of $10 per annum.
24 (3)(4) A nonresident dealer or buyer must shall be
25 required to pay a license fee of $500 per annum and shall pay
26 a license fee of $100 per annum for each agent, resident buyer
27 or traveling buyer employed by or buying for or acting as
28 agent for such nonresident buyer.
29 (5) All agents' licenses shall be applied for by, and
30 issued to, a resident state dealer or nonresident dealer and
31 shall show name and residence of such agent and shall be in
58
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 possession of such agent at all times when engaged in buying
2 furs or hides. Application for such licenses shall be made to
3 the Fish and Wildlife Conservation Commission on blanks
4 furnished by it.
5 (4)(6) All dealers and buyers shall forward to the
6 Fish and Wildlife Conservation Commission each 2 weeks during
7 open season a report showing number and kind of hides bought
8 and name of trapper from whom bought and the trapper's license
9 number, or if trapper is exempt from license under any of the
10 provisions of this chapter, such report shall show the nature
11 of such exemption. A No common carrier may not shall
12 knowingly ship or transport or receive for transportation any
13 hides or furs unless such shipments have marked thereon name
14 of shipper and the number of her or his fur-animal license or
15 fur dealer's license.
16 Section 40. Section 372.83, Florida Statutes, is
17 amended to read:
18 372.83 Noncriminal infractions; criminal penalties;
19 suspension and revocation of licenses and permits.--
20 (1) A person is guilty of a noncriminal infraction,
21 punishable as provided in s. 372.711, if she or he violates
22 any of the following provisions:
23 (a) Rules, regulations, or orders relating to the
24 filing of reports or other documents required of persons who
25 are licensed or who hold permits issued by the commission.
26 (b) Rules, regulations, or orders relating to fish
27 management areas.
28 (c) Rules, regulations, or orders relating to quota
29 hunt permits, daily use permits, hunting zone assignments,
30 camping restrictions, the use of alcoholic beverages, vehicle
31 use, and check station requirements within wildlife management
59
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 areas or other areas managed by the commission.
2 (d) Rules, regulations, or orders requiring permits
3 free of charge to possess captive wildlife for personal use.
4 (e) Rules, regulations, or orders establishing size or
5 slot limits for freshwater game fish.
6 (f) Rules, regulations, or orders regulating vessel
7 size or specifying motor restrictions on specified water
8 bodies.
9 (g) Rules, regulations, or orders relating to the
10 registration of off-road vehicles and airboats operated on
11 state lands.
12 (h) Section 372.57, relating to hunting, fishing, and
13 trapping licenses.
14 (i) Section 372.988, relating to required clothing for
15 persons hunting deer.
16
17 A person who fails to pay the civil penalty specified in s.
18 372.711 within 30 days after being cited for a noncriminal
19 infraction or to appear before the court pursuant to that
20 section is guilty of a misdemeanor of the second degree,
21 punishable as provided in s. 775.082 or s. 775.083.
22 (2) A person is guilty of a misdemeanor of the second
23 degree, punishable as provided in s. 775.082 or s. 775.083, if
24 she or he violates any of the following rules, regulations, or
25 orders of the commission:
26 (a) Rules, regulations, or orders that specify season
27 or time periods for the taking of freshwater fish or wildlife.
28 (b) Rules, regulations, or orders that specify bag
29 limits or restrict methods of taking freshwater fish or
30 wildlife.
31 (c) Rules, regulations, or orders that relate to the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sale, possession for sale, purchase, transfer, transportation,
2 or importation of freshwater fish or wildlife.
3 (d) Rules, regulations, or orders that prohibit public
4 access for specified periods to wildlife management areas or
5 other areas managed by the commission.
6 (e) Rules, regulations, or orders that require a
7 person to pay a fee to obtain a permit to possess captive
8 wildlife or that require the maintenance of records relating
9 to captive wildlife.
10 (f) All other rules, regulations, and orders of the
11 commission, except those specified in subsection (1).
12 (3) It is unlawful for any person to make, forge,
13 counterfeit, or reproduce a freshwater fishing, hunting, or
14 saltwater fishing license unless authorized by the commission.
15 It is unlawful for any person to knowingly have in his or her
16 possession a forgery, counterfeit, or imitation of such a
17 license unless possession by the person has been fully
18 authorized by the commission. A person who violates this
19 subsection commits a felony of the third degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084.
21 (4)(3) Unless otherwise provided in this chapter, a
22 person who violates any provision of this chapter is guilty,
23 for the first offense, of a misdemeanor of the second degree,
24 punishable as provided in s. 775.082 or s. 775.083, and is
25 guilty, for the second offense or any subsequent offense, of a
26 misdemeanor of the first degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 (5)(4) The court may order the suspension or
29 revocation of any license or permit issued to a person
30 pursuant to this chapter, if that person commits a criminal
31 offense specified in this chapter or a noncriminal infraction
61
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 specified in this section.
2 Section 41. Paragraph (b) of subsection (1) of section
3 713.78, Florida Statutes, is amended to read:
4 713.78 Liens for recovering, towing, or storing
5 vehicles and documented undocumented vessels.--
6 (1) For the purposes of this section, the term:
7 (b) "Vessel" means every description of watercraft,
8 barge, and air boat used or capable of being used as a means
9 of transportation on water, other than a seaplane or a
10 "documented has the same meaning as the term "undocumented
11 vessel" as defined in s. 327.02(8)(36).
12 Section 42. Section 258.398, Florida Statutes, 1997
13 edition, and subsections (10) and (11) of section 370.14,
14 Florida Statutes, are repealed.
15 Section 43. Except where otherwise provided, this act
16 shall take effect July 1, 2000.
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, line 2 thru page 3, line 20,
22 remove from the title of the bill: all of said lines
23
24 and insert in lieu thereof:
25 An act relating to the responsibilities of the
26 Fish and Wildlife Conservation Commission;
27 amending s. 320.08058, F.S.; clarifying
28 purposes for which manatee license plate fees
29 are used; amending s. 327.02, F.S.; revising
30 definitions; amending s. 327.04, F.S., relating
31 to rules; amending s. 327.22, F.S., relating to
62
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the regulation of vessels by municipalities or
2 counties; creating s. 327.302, F.S.; providing
3 for boating accident report forms; amending s.
4 327.33, F.S.; revising provisions relating to
5 reckless or careless operation of a vessel;
6 providing penalties; renumbering and amending
7 s. 861.065, F.S.; revising divers-down flag
8 requirements; revising requirements for
9 operation of vessels in the vicinity of a
10 divers-down flag; providing penalties; amending
11 s. 327.331, F.S.; providing for noncriminal
12 infractions, effective October 1, 2001;
13 amending s. 327.355, F.S., relating to
14 operation of vessels by persons under 21 years
15 of age who have consumed alcoholic beverages;
16 amending s. 327.36, F.S., relating to mandatory
17 adjudication of certain offenses; amending s.
18 327.37, F.S.; requiring persons engaging in
19 water skiing, parasailing, or aquaplaning to
20 wear a noninflatable flotation device; amending
21 s. 327.39, F.S., relating to the regulation of
22 personal watercraft; requiring the use of
23 noninflatable flotation devices; prohibiting
24 the lease, hiring, or rental of personal
25 watercraft under certain circumstances;
26 providing a penalty; providing commission
27 rulemaking authority; amending s. 327.395,
28 F.S., relating to boating safety identification
29 cards; requiring that certain boater education
30 or boater safety courses include a component
31 relating to divers; amending s. 327.40, F.S.;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 clarifying requirements for uniform waterway
2 markers for safety and navigation; providing
3 permit exemptions; providing commission
4 rulemaking authority; amending s. 327.41, F.S.;
5 clarifying requirements for uniform waterway
6 regulatory markers; amending s. 327.46, F.S.;
7 clarifying rulemaking authority for the
8 commission to establish restricted areas for
9 public safety purposes; creating s. 327.49,
10 F.S.; providing for the testing of vessels and
11 vessel motors; amending s. 327.53, F.S.;
12 relating to marine sanitation; amending s.
13 327.54, F.S., relating to liveries; revising
14 requirements for preride or prerental
15 instruction; revising age requirements for the
16 lease, hire, or rental of personal watercraft;
17 requiring liveries to carry liability
18 insurance; providing a penalty; amending s.
19 327.60, F.S.; prohibiting local regulations
20 from discriminating against personal
21 watercraft; amending s. 327.72, F.S.;
22 increasing time for payment of civil penalties;
23 amending s. 327.73, F.S., relating to
24 noncriminal infractions; reenacting s.
25 327.73(1)(p) for the purpose of incorporating
26 the amendment to s. 327.39, F.S.; providing
27 additional time for payment of civil penalties;
28 providing additional penalties; providing for
29 additional court costs in certain
30 circumstances; authorizing public works or
31 community service in certain circumstances;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amending s. 327.73, F.S.; effective October 1,
2 2001; relating to noncriminal infractions for
3 violations of vessel laws; amending s. 327.731,
4 F.S., relating to mandatory education for
5 violators; correcting a cross reference;
6 amending s. 327.803, F.S.; providing for an
7 increase in membership of the Boating Advisory
8 Council; modifying purpose; amending s. 328.48,
9 F.S.; clarifying vessel registration
10 requirements; amending s. 328.56, F.S.;
11 clarifying vessel registration number
12 requirements; amending s. 328.66, F.S.;
13 relating to county vessel registration fees;
14 amending s. 328.70, F.S.; providing
15 requirements for classification of recreational
16 vessels and livery vessels; amending s. 328.72,
17 F.S.; relating to vessel registration;
18 providing requirements for display of antique
19 vessel registration numbers and decals;
20 amending s. 328.72, F.S., providing for the
21 distribution of vessel registration fees
22 effective July 1, 2001; amending s. 328.76,
23 F.S.; clarifying the use of vessel registration
24 fees; effective July 1, 2001, amending 370.06,
25 F.S., relating to saltwater products license
26 requirements; clarifying disability exemptions;
27 deleting obsolete provisions; amending s.
28 370.0605, F.S., providing for combination
29 licenses; providing for a fee for electronic
30 license sales; amending s. 372.57, F.S.;
31 providing for combination licenses; amending s.
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hwr0003 09:03 am 00386-0066-431061
HOUSE AMENDMENT
Bill No. CS for CS for SB 386, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 372.561, F.S.; providing that licenses and
2 permits for hunting, saltwater fishing, and
3 freshwater fishing must be issued, without fee,
4 to certain disabled persons; amending s.
5 372.574, F.S.; providing for a fee for
6 electronic license sales; providing for the
7 replacement of a lost or destroyed license or
8 permit; providing a fee; amending s. 372.66,
9 F.S.; deleting the nonresident fur dealer agent
10 license, the resident fur dealer agent license,
11 and the resident local fur dealer license;
12 amending s. 372.83, F.S.; providing that it is
13 unlawful to make, forge, or counterfeit any
14 hunting or fishing license; providing
15 penalties; amending s. 713.78, F.S.; revising
16 definition; repealing s. 258.398, F.S.,
17 removing designation of Lake Weir as an aquatic
18 preserve; providing effective dates; repealing
19 s. 370.14(10), (11), F.S., relating to
20 saltwater fishing licenses; providing effective
21 dates.
22
23
24
25
26
27
28
29
30
31
66
File original & 9 copies 05/04/00
hwr0003 09:03 am 00386-0066-431061