Senate Bill 0386c2
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Florida Senate - 2000 CS for CS for SB 386
By the Committees on Fiscal Resource and Natural Resources
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1 A bill to be entitled
2 An act relating to licenses issued by the Fish
3 and Wildlife Conservation Commission; amending
4 s. 372.105, F.S.; providing that the proceeds
5 from the sale of all lifetime licenses be
6 deposited into the Lifetime Fish and Wildlife
7 Trust Fund; amending s. 372.57, F.S.; providing
8 for noncommercial saltwater fishing licenses;
9 providing for exceptions; providing for a
10 combination license to hunt and take freshwater
11 and saltwater fish; providing for a combination
12 freshwater and saltwater fishing license;
13 coordinating the exemption requirements for
14 licenses for retired residents to the
15 retirement-age eligibility requirements of the
16 United States Social Security Administration;
17 authorizing the commission to issue temporary
18 saltwater fishing licenses for special events
19 in management areas for certain persons;
20 providing that no fee is charged for such
21 temporary licenses; providing for lifetime and
22 5-year saltwater fishing licenses; deleting
23 duplicate provision dealing with fishing
24 licenses for residents 64 years of age or
25 older; providing for a snook permit; providing
26 for a crawfish permit; providing for use of
27 such funds; creating s. 372.5701, F.S.;
28 providing for the deposit and allocation of
29 revenues received from the annual saltwater
30 license fees; amending s. 372.561, F.S.;
31 requiring the commission to issue licenses and
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1 permits to take wild animal life or freshwater
2 or saltwater aquatic life upon proof of the
3 applicant that he or she is entitled to such a
4 permit or license; providing that licenses and
5 permits for hunting, saltwater fishing, and
6 freshwater fishing must be issued, without fee,
7 to certain disabled persons; specifying portion
8 of license fees to be retained by tax
9 collectors; amending s. 372.574, F.S.;
10 providing for a fee for electronic license
11 sales; providing for the replacement of a lost
12 or destroyed license or permit; providing a
13 fee; amending s. 372.66, F.S.; deleting the
14 nonresident fur dealer agent license, the
15 resident fur dealer agent license, and the
16 resident local fur dealer license; amending ss.
17 372.571, 372.5712, 372.5715, 372.573, 372.661,
18 F.S.; conforming cross-references; amending s.
19 372.83, F.S.; providing that it is unlawful to
20 make, forge, or counterfeit any hunting or
21 fishing license; providing penalties; providing
22 that it is a noncriminal infraction to violate
23 specified provisions relating to snook permits
24 or crawfish permits; providing penalties;
25 amending ss. 328.72, 328.76, F.S.; revising
26 provisions relating to the remission of service
27 fees to the Department of Highway Safety and
28 Motor Vehicles and relating to the distribution
29 and use of certain portions of the registration
30 certificate fees; amending s. 370.06, F.S.;
31 deleting obsolete provisions relating to gill
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1 nets; repealing ss. 370.0605, 370.0615,
2 370.0608, 370.062, 370.1111, and s. 370.14(10),
3 (11), F.S., relating to saltwater fishing
4 licenses; creating s. 372.5702, F.S.; providing
5 a license program for tarpon; providing for
6 fees; providing for deposit of such fees;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (b) of subsection (2) and
12 paragraph (b) of subsection (3) of section 372.105, Florida
13 Statutes, are amended to read:
14 372.105 Lifetime Fish and Wildlife Trust Fund.--
15 (2) The principal of the fund shall be derived from
16 the following:
17 (b) Proceeds from the sale of lifetime licenses issued
18 in accordance with s. 372.57 with the exception of the
19 saltwater portion of the lifetime sportsman's license.
20 (3) The fund is declared to constitute a special trust
21 derived from a contractual relationship between the state and
22 the members of the public whose investments contribute to the
23 fund. In recognition of such special trust, the following
24 limitations and restrictions are placed on expenditures from
25 the funds:
26 (b) The interest income received and accruing from the
27 investments of the fund shall be spent in furtherance of the
28 commission's exercise of the regulatory and executive powers
29 of the state with respect to the management, protection, and
30 conservation of wild animal life and saltwater and freshwater
31 aquatic life as set forth in s. 9, Art. IV of the State
3
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1 Constitution and this chapter and as otherwise authorized by
2 the Legislature.
3 Section 2. Section 372.57, Florida Statutes, is
4 amended to read:
5 372.57 Licenses and permits; exemptions; fees.--No
6 person, except as provided herein, shall take or possess game,
7 freshwater fish, saltwater fish, or fur-bearing animals within
8 this state without having first obtained a license, permit, or
9 authorization and paid the fees hereinafter set forth, unless
10 such license is issued without fee as provided in s. 372.561.
11 A person may not operate any vessel for which a fee is paid
12 either directly or indirectly for the purpose of taking,
13 attempting to take, or possessing any saltwater fish for
14 noncommercial purposes, unless he or she has been issued an
15 authorization or has obtained a license for each vessel for
16 that purpose and has paid the license fee imposed under this
17 section for such a vessel. Such license, permit, or
18 authorization shall authorize the person to whom it is issued
19 to take game, freshwater fish, saltwater fish, or fur-bearing
20 animals in accordance with law and commission rules. Such
21 license, permit, or authorization is not transferable. Each
22 license or permit must bear on its face in indelible ink the
23 name of the person to whom it is issued and other information
24 requested by the commission, and, if the license is issued to
25 the owner, operator, or custodian of a vessel for which a fee
26 is paid either directly or indirectly for the purpose of
27 taking or attempting to take or possess saltwater fish for
28 noncommercial purposes, the vessel registration number or
29 federal documentation number must be included. Such license,
30 permit, or authorization issued by the commission or any agent
31 must be in the personal possession of the person to whom
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1 issued while taking game, freshwater fish, saltwater fish, or
2 fur-bearing animals. The failure of such person to exhibit
3 such license, permit, or authorization to the commission or
4 its wildlife officers, when such person is found taking game,
5 freshwater fish, saltwater fish, or fur-bearing animals, is a
6 violation of law. A positive form of identification is
7 required when using an authorization, a lifetime license, a
8 5-year license, or when otherwise required by the license or
9 permit. The lifetime licenses and 5-year licenses provided
10 herein shall be embossed with the name, date of birth, the
11 date of issuance, and other pertinent information as deemed
12 necessary by the commission. A certified copy of the
13 applicant's birth certificate shall accompany all applications
14 for a lifetime license for residents 12 years of age and
15 younger. Each applicant for a license, permit, or
16 authorization shall provide the applicant's social security
17 number on the application form. Disclosure of social security
18 numbers obtained through this requirement shall be limited to
19 the purpose of administration of the Title IV-D child support
20 enforcement program and use by the commission, and as
21 otherwise provided by law.
22 (1) A license or permit is not required for:
23 (a) Any child under 16 years of age except as
24 otherwise provided in this chapter.
25 (b) Any person hunting or fishing in the person's
26 county of residence on the person's homestead or the homestead
27 of the person's spouse or minor child, or any minor child
28 hunting or fishing on the homestead of her or his parent.
29 (c) Any resident who is a member of the Armed Forces
30 of the United States, who is not stationed in this state, when
31 home on leave for 30 days or less, upon submission of orders.
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1 (d) Any resident when fishing with live or natural
2 bait, using poles or lines which are not equipped with a
3 fishing line retrieval mechanism, and fishing for
4 noncommercial purposes in the county of her or his residence,
5 except on legally established fish management areas. This
6 paragraph, as amended by chapter 76-156, Laws of Florida, may
7 be cited as the "Dempsey J. Barron, W. D. Childers, and Joe
8 Kershaw Cane Pole Tax Repeal Act of 1976."
9 (e) Any person fishing in a fish pond of 20 acres or
10 less which is located entirely within the private property of
11 the fish pond owner.
12 (f) Any person fishing in a fish pond which is
13 licensed in accordance with s. 372.5705.
14 (g) Any Florida resident fishing in salt water from
15 land or from a structure fixed to the land.
16 (h) Any person fishing from a vessel the operator of
17 which is licensed under subsection (2).
18 (i) Any person who holds a valid saltwater products
19 license issued under s. 370.06(2).
20 (j)(g) Any person fishing who has been accepted as a
21 client for developmental services by the Department of
22 Children and Family Services, which department shall furnish
23 such person proof thereof.
24 (k) Any person fishing from a pier for the purpose of
25 taking or attempting to take or possess saltwater fish for
26 noncommercial purposes licensed under this section.
27 (l) Any person fishing for the purpose of taking or
28 attempting to take or possess saltwater fish for noncommercial
29 purposes from a vessel that is licensed under this section.
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1 (m) Any Florida resident who is fishing for mullet in
2 fresh water and has a valid Florida freshwater fishing
3 license.
4 (n) Any Florida resident fishing for a saltwater
5 species in fresh water from land or from a structure fixed to
6 the land.
7 (o)(h) Any resident who meets the retirement age
8 requirements, not including early-retirement age, of the
9 United States Social Security Administration as specified in
10 42 U.S.C. s. 416, and who has in her or his possession proof
11 of compliance with the age, residency, and retirement-age
12 eligibility requirements. A free license may be obtained from
13 any tax collector's office upon proof of age, residency, and
14 retirement-age eligibility requirements. 65 years of age or
15 older who has in her or his possession proof of age and
16 residency. A free license may be obtained from any tax
17 collector's office upon proof of age and residency.
18 (2) For residents and nonresidents, the license and
19 fees for noncommercial freshwater and saltwater fishing and
20 for hunting and trapping in this state, and the activity
21 authorized thereby, are as follows:
22 (a) A fishing license for a resident to take
23 freshwater or saltwater fish in this state is $12 each.
24 (b) A fishing license for a nonresident to take
25 freshwater or saltwater fish in this state for 7 consecutive
26 days is $15 each.
27 (c) For a nonresident, an annual A fishing license for
28 a nonresident to take freshwater fish or an annual license to
29 take saltwater fish in this state is $30 each.
30
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1 (d) A combination fishing and hunting license for a
2 resident to take freshwater fish and game in this state is
3 $22.
4 (e) A combination fishing license for a resident to
5 take freshwater and saltwater fish is $24.
6 (f) A combination license to hunt and take freshwater
7 and saltwater fish is $34.
8 (g)1. For a person who operates a vessel that is
9 licensed to carry more than 10 customers and for which a fee
10 is paid, either directly or indirectly, for the purpose of
11 taking or attempting to take saltwater fish, the license is
12 $800 per year. The license must be kept aboard the vessel at
13 all times.
14 2. For a person who operates a vessel that is licensed
15 to carry no more than 10 customers, or for a person who is
16 licensed to operate a vessel carrying 6 or fewer customers,
17 for which a fee is paid, either directly or indirectly, for
18 the purpose of taking or attempting to take saltwater fish,
19 the license is $400 per year; however, for a person who is
20 licensed to operate a vessel carrying 6 or fewer customers but
21 who operates a vessel carrying 4 or fewer customers, for which
22 a fee is paid, either directly or indirectly, for such
23 purposes, the license is $200 per year. The license must be
24 kept aboard the vessel at all times.
25 3. A person who operates a vessel required to be
26 licensed under subparagraph 1. or subparagraph 2. may obtain a
27 license in his or her own name, and the license is
28 transferable and applicable to any vessel operated by the
29 purchaser if the purchaser has paid the appropriate license
30 fee.
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1 4. For any pier fixed to the land for the purpose of
2 taking or attempting to take saltwater fish therefrom, a
3 fishing license is $500 per year. The owner, operator, or
4 custodian of such a pier may buy the annual $500 license. The
5 purchaser of such a license must have the license available
6 for inspection at all times.
7 5. For a recreational vessel not for hire and for
8 which no fee is paid either directly or indirectly by guests,
9 for the purpose of taking or attempting to take saltwater fish
10 noncommercially, a fishing license is $2,000 per year. The
11 license may be purchased at the option of the vessel owner and
12 must be kept aboard the vessel at all times. The licensee
13 shall maintain a log of species taken and the date the species
14 were taken and shall file a copy of the log with the Fish and
15 Wildlife Conservation Commission at the time of renewal of the
16 license.
17 (h)(e) A hunting license for a resident to take game
18 in this state is $11.
19 (i)(f) A hunting license for a nonresident to take
20 game in this state is $150.
21 (j)(g) A hunting license for a nonresident to take
22 game in this state for 10 consecutive days is $25.
23 (k)(h) A license for a resident and nonresident to
24 take fur-bearing animals in this state is $25.
25 (l)(i) A sportsman's license for a resident is $66.
26 The sportsman's license authorizes the holder to take
27 freshwater fish and game, subject to state and federal
28 regulations and rules of the commission in effect at the time
29 of taking, and authorizes the same activities authorized by a
30 management area permit, a muzzle-loading gun permit, a turkey
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1 permit, a Florida waterfowl permit, and an archery permit. A
2 nonresident may not purchase a sportsman's license.
3 (3) The owner, operator, or custodian of a vessel the
4 operator of which has been licensed under this section must
5 maintain and report such statistical data as required by, and
6 in a manner set forth in, the rules of the commission.
7 (4) The Fish and Wildlife Conservation Commission may
8 issue a temporary saltwater fishing license, upon request, to
9 any governmental or nonprofit organization that sponsors 1-day
10 special events in fishing management areas for individuals who
11 have physical, mental, or emotional disabilities or for the
12 economically disadvantaged. A fee may not be charged for such
13 a temporary license. The temporary license is valid for 1 day
14 and must designate the date and the maximum number of
15 individuals that it applies to.
16 (5)(3) A resident or nonresident taking fur-bearing
17 animals by the use of guns or dogs only and not by the use of
18 traps or other devices, and not for commercial purposes, who
19 has purchased the license provided for hunting in this
20 section, received a no-cost license, or is exempt from the
21 license requirements of this chapter is not required to
22 purchase a the license provided in paragraph (2)(h). A
23 resident who is age 65 or older is not required to purchase
24 the license provided in paragraph (2)(k) (2)(h).
25 (6)(4) In addition to any license required by this
26 chapter, the following permits and fees for certain hunting,
27 fishing, and recreational uses, and the activities authorized
28 thereby, are:
29 (a) A Florida waterfowl permit to take wild ducks or
30 geese within this state or its coastal waters is $3.
31
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1 (b)1. Management area permits to hunt, freshwater
2 fish, or otherwise use for outdoor recreational purposes, land
3 owned, leased, or managed by the commission or the State of
4 Florida for the use and benefit of the commission, up to $25
5 annually. Permits, and fees thereof, for short-term use of
6 land which is owned, leased, or managed by the commission may
7 be established by rule of the commission for any activity on
8 such lands. Such permits and fees may be in lieu of or in
9 addition to the annual management area permit. Other than for
10 hunting or freshwater fishing, the provisions of this
11 paragraph does shall not apply on any lands not owned by the
12 commission, unless the commission has shall have obtained the
13 written consent of the owner or primary custodian of such
14 lands.
15 2. A recreational user permit fee to hunt, fish in
16 fresh water, or otherwise use for outdoor recreational
17 purposes, land leased by the commission from private
18 nongovernmental owners, except for those lands located
19 directly north of the Apalachicola National Forest, east of
20 the Ochlockonee River until the point the river meets the dam
21 forming Lake Talquin, and south of the closest federal
22 highway. The fee for this permit shall be based upon economic
23 compensation desired by the landowner, game population levels,
24 desired hunter density, and administrative costs. The permit
25 fee shall be set by commission rule on a per-acre basis. On
26 property currently in the private landowner payment program,
27 the prior year's landowner payment shall be used to augment
28 the recreational user permit fee so as to decrease the permit
29 fee for the users of that property. One minor dependent child,
30 16 years old or under, per permittee may hunt under the
31 supervision of the permittee and is exempt from the permit
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1 fee. The spouse and dependent children of a permittee are
2 exempt from the permit fee when engaged in outdoor
3 recreational activities other than hunting in the company of
4 the permittee. Notwithstanding any other provision of this
5 chapter, there are no other exclusions, exceptions, or
6 exemptions from this permit fee. The recreational user permit
7 fee, less an administrative permit fee of up to $25 per
8 permit, shall be remitted to the landowner as provided in the
9 lease agreement for each area.
10 (c) A muzzle-loading gun permit to hunt within this
11 state with a muzzle-loading gun during those game seasons in
12 which hunting with a modern firearm is not allowed is $5.
13 (d) An archery permit to hunt within this state with a
14 bow and arrow during those game seasons in which hunting with
15 a firearm is not allowed is $5.
16 (e) A Florida turkey permit to take wild turkeys
17 within this state is $5.
18 (f) A special use permit for limited entry hunting or
19 freshwater fishing, where such hunting or freshwater fishing
20 is authorized by commission rule, shall be up to $100 per day
21 but shall not exceed $250 per week. Notwithstanding any other
22 provision of this chapter, there are no exclusions,
23 exceptions, or exemptions from this fee. In addition to the
24 fee, the commission may charge each applicant for a special
25 use permit a nonrefundable application fee of up to $10.
26 (g) A snook permit to take or possess any snook from
27 any waters of the state is $2. Moneys generated from these
28 permits shall be used exclusively for programs to benefit
29 snook population.
30 (h) A crawfish permit to take or possess any crawfish
31 for recreational purposes from any water of the state is $2.
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1 Moneys generated from these permits shall be used exclusively
2 for programs to benefit crawfish populations.
3 (g) The fee for a permanent hunting and fishing
4 license for a resident 64 years of age or older is $12.
5 (7)(5) The commission may is authorized to reduce the
6 fees for licenses and permits under this section for residents
7 of those states with which the commission has entered into
8 reciprocal agreements with respect to such fees.
9 (8)(6) The commission may designate by rule no more
10 than 2 consecutive or nonconsecutive days in each year as free
11 fishing days. Notwithstanding any other provision of this
12 chapter, any person may take freshwater fish or saltwater fish
13 for noncommercial purposes on a free fishing day without
14 obtaining or possessing a license or paying a license fee as
15 prescribed in this section. A person who takes freshwater
16 fish or saltwater fish on a free fishing day without obtaining
17 a license or paying a fee must comply with all laws and
18 regulations governing holders of a fishing license and all
19 other conditions and limitations regulating the taking of
20 freshwater fish as are imposed by law or rule.
21 (9)(7) A resident lifetime sportsman's license
22 authorizes the holder to engage in the following noncommercial
23 activities:
24 (a) To take or attempt to take or possess freshwater
25 fish, saltwater marine fish, and game, consistent with state
26 and federal regulations and rules of the commission in effect
27 at the time of taking.
28 (b) All activities authorized by a management area
29 permit, a muzzle-loading gun permit, a turkey permit, an
30 archery permit, a Florida waterfowl permit, a snook permit,
31 and a crawfish permit.
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1 (10)(8) The fee for a resident lifetime sportsman's
2 license is:
3 (a) 4 years of age or younger.....................$400
4 (b) 5-12 years of age.............................$700
5 (c) 13 years of age or older....................$1,000
6 (11)(9) A resident lifetime hunting license authorizes
7 the holder to engage in the following noncommercial
8 activities:
9 (a) To take or attempt to take or possess game
10 consistent with state and federal regulations and rules of the
11 commission in effect at the time of taking.
12 (b) All activities authorized by a management area
13 permit, excluding fishing, a muzzle-loading gun permit, a
14 turkey permit, an archery permit, and a Florida waterfowl
15 permit.
16 (12)(10) The fee for a resident lifetime hunting
17 license shall be:
18 (a) 4 years of age or younger.....................$200
19 (b) 5-12 years of age.............................$350
20 (c) 13 years of age or older......................$500
21 (13)(11) A resident lifetime freshwater fishing
22 license authorizes the holder to engage in the following
23 noncommercial activities:
24 (a) To take or attempt to take or possess freshwater
25 fish consistent with state and federal regulations and rules
26 of the commission in effect at the time of taking.
27 (b) All activities authorized by a management area
28 permit, excluding hunting.
29 (14)(12) The fee for a resident lifetime freshwater
30 fishing license shall be:
31 (a) 4 years of age or younger.....................$125
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1 (b) 5-12 years of age.............................$225
2 (c) 13 years of age or older......................$300
3 (15) A resident lifetime saltwater fishing license
4 authorizes the holder to engage in the following noncommercial
5 activities:
6 (a) To take or attempt to take or possess marine fish
7 consistent with state and federal regulations and rules of the
8 commission.
9 (b) All activities authorized by a snook permit and a
10 crawfish permit.
11 (16) The fee for a resident lifetime saltwater fishing
12 license shall be:
13 (a) 4 years of age or younger.....................$125
14 (b) 5-12 years of age.............................$225
15 (c) 13 years of age or older......................$300
16 (13) Fees collected pursuant to s. 370.0605(2) for
17 5-year saltwater fishing licenses, fees collected pursuant to
18 s. 370.0605(6)(e) for replacement 5-year and lifetime
19 licenses, fees collected pursuant to s. 370.0615 for lifetime
20 saltwater fishing licenses, and 30 percent of the fee for the
21 lifetime sportsman's license shall be transferred within 30
22 days following the last day of the month in which the license
23 fees were received by the commission to the Marine Resources
24 Conservation Trust Fund.
25 (17)(14) The following 5-year licenses are authorized:
26 (a) A 5-year freshwater fishing license for a resident
27 to take or attempt to take or possess freshwater fish in this
28 state for 5 consecutive years is $60 and authorizes the holder
29 to engage in noncommercial activities to take or attempt to
30 take or possess freshwater fish consistent with state and
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1 federal regulations and rules of the commission in effect at
2 the time of taking.
3 (b) A 5-year hunting license for a resident to take or
4 attempt to take or possess game in this state for 5
5 consecutive years is $55 and authorizes the holder to engage
6 in noncommercial activities to take or attempt to take or
7 possess game consistent with state and federal regulations and
8 rules of the commission in effect at the time of taking.
9 (c) A 5-year saltwater fishing license for a resident
10 to take or attempt to take or possess saltwater fish in this
11 state for 5 consecutive years is $60 and authorizes the holder
12 to engage in noncommercial activities to take or attempt to
13 take or possess saltwater fish consistent with state and
14 federal regulations and rules of the commission in effect at
15 the time of taking.
16 (18)(15) Proceeds from the sale of 5-year licenses as
17 provided in this chapter must shall be deposited into the
18 Dedicated License Trust Fund. One-fifth of the total proceeds
19 derived from the sale of 5-year licenses, replacement 5-year
20 licenses, and all interest derived therefrom shall be
21 available for appropriation annually.
22 Section 3. Section 372.5701, Florida Statutes, is
23 created to read:
24 372.5701 Deposit of license fees; allocation of
25 federal funds.--
26 (1) All annual saltwater license fees collected
27 pursuant to s. 372.57 shall be deposited into the Marine
28 Resources Conservation Trust Fund, to be used as follows:
29 (a) Not more than 5 percent of the total fees
30 collected shall be used to carry out the responsibilities of
31 the Fish and Wildlife Conservation Commission and to provide
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1 for the award of funds to marine research institutions in this
2 state for the purposes of enabling such institutions to
3 conduct worthy marine research projects.
4 (b) Not less than 2.5 percent of the total fees
5 collected shall be used for aquatic education purposes.
6 (c)1. The remainder of such fees shall be used by the
7 department for the following program functions:
8 a. Not more than 5 percent of the total fees
9 collected, for administration of the licensing program and for
10 information and education.
11 b. Not more than 30 percent of the total fees
12 collected, for law enforcement.
13 c. Not less than 27.5 percent of the total fees
14 collected, for marine research.
15 d. Not less than 30 percent of the total fees
16 collected, for fishery enhancement, including, but not limited
17 to, fishery statistics development, artificial reefs, and fish
18 hatcheries.
19 2. The Legislature shall annually appropriate to the
20 commission from the General Revenue Fund for the activities
21 and programs specified in subparagraph 1. at least the same
22 amount of money as was appropriated to the Department of
23 Environmental Protection from the General Revenue Fund for
24 such activities and programs for fiscal year 1988-1989, and
25 the amounts appropriated to the commission for such activities
26 and programs from the Marine Resources Conservation Trust Fund
27 shall be in addition to the amount appropriated to the
28 commission for such activities and programs from the General
29 Revenue Fund. The proceeds from recreational saltwater fishing
30 license fees paid by fishers shall be appropriated only to the
31 commission.
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1 (2) Funds available from the Wallop-Breaux Aquatic
2 Resources Trust Fund shall be distributed by the commission
3 between the Division of Freshwater Fisheries and the Division
4 of Marine Fisheries in proportion to the numbers of resident
5 fresh and saltwater anglers as determined by the most current
6 data on license sales. Unless otherwise provided by federal
7 law, the commission, at a minimum, shall provide the
8 following:
9 (a) Not less than 5 percent or more than 10 percent of
10 the funds allocated to the commission shall be expended for an
11 aquatic resources education program; and
12 (b) Not less than 10 percent of the funds allocated to
13 the commission shall be expended for acquisition, development,
14 renovation, or improvement of boating facilities.
15 Section 4. Section 372.561, Florida Statutes, is
16 amended to read:
17 372.561 Issuance of licenses to take wild animal life,
18 saltwater aquatic life, or freshwater aquatic life; costs;
19 reporting.--
20 (1) The provisions of This section applies shall apply
21 to such licenses or permits as are established in s. 372.57.
22 (2) The commission shall issue licenses and permits to
23 take wild animal life or freshwater or saltwater aquatic life
24 upon proof by the applicant for licensure that she or he is
25 entitled to such license or permit. The commission shall
26 establish the forms for such licenses and permits. Each
27 applicant for a license, permit, or authorization shall
28 provide the applicant's social security number on the
29 application form. Disclosure of social security numbers
30 obtained through this requirement shall be limited to the
31 purpose of administration of the Title IV-D program for child
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1 support enforcement and use by the commission, and as
2 otherwise provided by law.
3 (3) Licenses and permits for the state may be sold by
4 the commission, by any tax collector in this state, or by any
5 appointed subagent.
6 (4)(a) In addition to any license or permit fee, the
7 sum of $1.50 shall be charged for each license or management
8 area permit sold. Such charge is for the purpose of, and the
9 source from which is subtracted, all administrative costs of
10 issuing a license or permit, including, but not limited to,
11 printing, distribution, and credit card fees.
12 (b) Tax collectors may retain $1 for each freshwater
13 fishing and hunting license or management area permit sold,
14 and $1.50 for each saltwater license sold.
15 (5)(a) Hunting and saltwater and freshwater fishing
16 licenses and permits shall be issued, without fee, to any
17 resident who is certified:
18 1. To be totally and permanently disabled by the
19 United States Department of Veterans Affairs or its
20 predecessor or, by the United States Social Security
21 Administration, by any branch of the United States Armed
22 Forces, or by the verified written statement which is based
23 upon the criteria for permanent and total disability in
24 chapter 440 of a physician licensed in this state or who holds
25 a valid identification card issued under the provisions of s.
26 295.17, upon proof of the same. Any license issued under this
27 provision after January 1, 1997, expires after 5 years and
28 must be reissued, upon request, every 5 years thereafter.
29 2. To be totally disabled A Disability Award Notice
30 issued by the United States Social Security Administration
31 upon proof of the same. Any license issued under this
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1 provision after October 1, 1999, expires after 2 years and
2 must be reissued, upon proof of certification as provided in
3 this subsection, every 2 years thereafter is not sufficient
4 certification for obtaining a permanent hunting and fishing
5 license under this section unless said form certifies a
6 resident is totally and permanently disabled.
7 (b) Notwithstanding any other provisions of this
8 section, any person who has received after July 1, 1997, and
9 before July 1, 2000, a valid disability license issued under
10 this subsection, retains the rights vested thereunder until
11 the license has expired.
12 (6)(a) Tax collectors shall remit license and permit
13 moneys, along with a report of funds collected and other
14 required documentation, to the commission within 7 days
15 following the last business day of the week in which the fees
16 were received by the tax collector. The tax collector shall
17 maintain records of all such licenses and permits which are
18 sold, and all stamps issued voided, stolen, or lost. The tax
19 collector is responsible to the commission for the fee for all
20 licenses and permits sold and for the value of all licenses
21 and permits stamps reported as lost. The tax collector shall
22 report stolen licenses and permits to the appropriate law
23 enforcement agency. The tax collector shall submit a written
24 report and a copy of the law enforcement agency's report to
25 the commission within 5 days after discovering the theft. The
26 value of a validation stamp is $5.
27 (b) Tax collectors are also responsible for fees for
28 all licenses and permits sold by their subagents and for the
29 value of all licenses and permits stamps reported as lost.
30 The commission may adopt rules to implement this section.
31
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1 (c) Not later than August 15 of each year, each county
2 tax collector shall submit to the commission a written audit
3 report, on forms prescribed or approved by the commission, as
4 to the numbers of all unissued licenses and permits stamps for
5 the previous year along with all unissued pictorial permits a
6 written audit report, on forms prescribed or approved by the
7 commission, of the numbers of the unissued stamps.
8 (7) Within 30 days after the submission of the annual
9 audit report, each county tax collector shall provide the
10 commission with a written audit report on unissued, sold, and
11 voided licenses, permits, and stamps with a certified
12 reconciliation statement prepared by a certified public
13 accountant. Concurrent with the submission of the
14 certification, the county tax collector shall remit to the
15 commission the monetary value of all licenses, permits, and
16 stamps that are unaccounted for. Each tax collector is also
17 responsible for fees for all licenses, permits, and stamps
18 distributed by him or her to subagents, sold by him or her, or
19 reported by him or her as lost.
20 Section 5. Section 372.574, Florida Statutes, is
21 amended to read:
22 372.574 Appointment of subagents for the sale of
23 hunting, fishing, and trapping licenses and permits.--
24 (1) A county tax collector who elects to sell licenses
25 and permits may appoint any person as a subagent for the sale
26 of fishing, hunting, and trapping licenses and permits that
27 the tax collector is allowed to sell. The following are
28 requirements for subagents:
29 (a) Each subagent must serve at the pleasure of the
30 county tax collector.
31
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1 (b) Neither an employee of the county tax collector
2 nor her or his relative or next of kin, by blood or otherwise,
3 may be appointed as a subagent.
4 (c) The tax collector may require each subagent to
5 post an appropriate bond as determined by the tax collector,
6 using an insurance company acceptable to the tax collector.
7 In lieu of such bond, the tax collector may purchase blanket
8 bonds covering all or selected subagents or may allow a
9 subagent to post such other security as is required by the tax
10 collector.
11 (d) A subagent may sell licenses and permits as are
12 determined by the tax collector at such specific locations
13 within the county and in states contiguous to Florida as will
14 best serve the public interest and convenience in obtaining
15 licenses and permits. The commission may uniformly prohibit
16 subagents from selling certain licenses or permits.
17 (e) It is unlawful for any person to handle licenses
18 or permits for a fee or compensation of any kind unless she or
19 he has been appointed as a subagent.
20 (f) Any person who willfully violates any of the
21 provisions of this law is guilty of a misdemeanor of the
22 second degree, punishable as provided in s. 775.082 or s.
23 775.083.
24 (g) A subagent may charge and receive as her or his
25 compensation 50 cents for each license or permit sold. This
26 charge is in addition to the sum required by law to be
27 collected for the sale and issuance of each license or permit.
28 (h) A subagent shall submit payment for and report the
29 sale of licenses and permits to the tax collector as
30 prescribed by the tax collector but no less frequently than
31 monthly.
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1 (i) Subagents shall submit an activity report for
2 sales made during the reporting period on forms prescribed or
3 approved by the commission. Periodic audits may be performed
4 at the discretion of the commission.
5 (2) If a tax collector elects not to appoint
6 subagents, the commission may appoint subagents within that
7 county. Subagents shall serve at the pleasure of the
8 commission. The commission may establish, by rule, procedures
9 for selection of subagents. The following are requirements
10 for subagents so appointed:
11 (a) The commission may require each subagent to post
12 an appropriate bond as determined by the commission, using an
13 insurance company acceptable to the commission. In lieu of
14 the bond, the commission may purchase blanket bonds covering
15 all or selected subagents or may allow a subagent to post
16 other security as required by the commission.
17 (b) A subagent may sell licenses and permits as
18 authorized by the commission at specific locations within the
19 county and in states as will best serve the public interest
20 and convenience in obtaining licenses and permits. The
21 commission may prohibit subagents from selling certain
22 licenses or permits.
23 (c) It is unlawful for any person to handle licenses
24 or permits for a fee or compensation of any kind unless he or
25 she has been appointed as a subagent.
26 (d) Any person who willfully violates any of the
27 provisions of this section commits a misdemeanor of the second
28 degree, punishable as provided in s. 775.082 or s. 775.083.
29 (e) A subagent may charge and receive as his or her
30 compensation 50 cents for each license or permit sold. This
31 charge is in addition to the sum required by law to be
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1 collected for the sale and issuance of each license or permit.
2 In addition, no later than July 1, 1997, a subagent fee for
3 the sale of licenses over the telephone by credit card shall
4 be established by competitive bid procedures which are
5 overseen by the Fish and Wildlife Conservation Commission. A
6 fee for electronic license sales may be established by
7 competitive-bid procedures that are overseen by the Fish and
8 Wildlife Conservation Commission.
9 (f) A subagent shall submit payment for and report the
10 sale of licenses and permits to the commission as prescribed
11 by the commission.
12 (g) Subagents shall maintain records of all licenses
13 and permits sold and all stamps issued, voided, stolen, or
14 lost. Subagents are responsible to the commission for the
15 fees for all licenses and permits sold and for the value of
16 all licenses and permits stamps reported as lost. Subagents
17 must report all stolen licenses and permits validation stamps
18 to the appropriate law enforcement agency. The subagent shall
19 submit a written report and a copy of the law enforcement
20 agency's report to the commission within 5 days after
21 discovering the theft. The value of a lost validation stamp is
22 $5.
23 (h) Subagents shall submit an activity report for
24 sales made during the reporting period on forms prescribed or
25 approved by the commission. Periodic audits may be performed
26 at the discretion of the commission.
27 (i) By July 15 of each year, each subagent shall
28 submit to the commission all unissued stamps for the previous
29 year along with a written audit report, on forms prescribed or
30 approved by the commission, on the numbers of the unissued
31 stamps.
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1 (3) The Fish and Wildlife Conservation Commission or
2 any other law enforcement agency may carry out any
3 investigation necessary to secure information required to
4 carry out and enforce this section.
5 (4)(3) All social security numbers that which are
6 provided pursuant to ss. 372.561 and 372.57 and are contained
7 in records of any subagent appointed under pursuant to this
8 section are confidential as provided in those sections.
9 Section 6. Section 372.66, Florida Statutes, is
10 amended to read:
11 372.66 License required for fur and hide dealers.--
12 (1) It is unlawful for any person to engage in the
13 business of a dealer or buyer in alligator skins or green or
14 dried furs in the state or purchase such skins within the
15 state until such person has been licensed as herein provided.
16 (2) Any resident dealer or buyer who solicits business
17 through the mails, or by advertising, or who travels to buy or
18 employs or has other agents or buyers, shall be deemed a
19 resident state dealer and must shall be required to pay a
20 license fee of $100 per annum and shall pay an agent's license
21 fee of $5 per annum for each agent or traveling buyer employed
22 by or buying for such licensed state dealer.
23 (3) Any resident dealer or buyer who does not solicit
24 by mail, advertise, travel to buy or employ or have agents or
25 traveling buyers shall be deemed a resident local dealer and
26 shall be required to pay a license fee of $10 per annum.
27 (3)(4) A nonresident dealer or buyer must shall be
28 required to pay a license fee of $500 per annum and shall pay
29 a license fee of $100 per annum for each agent, resident buyer
30 or traveling buyer employed by or buying for or acting as
31 agent for such nonresident buyer.
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1 (5) All agents' licenses shall be applied for by, and
2 issued to, a resident state dealer or nonresident dealer and
3 shall show name and residence of such agent and shall be in
4 possession of such agent at all times when engaged in buying
5 furs or hides. Application for such licenses shall be made to
6 the Fish and Wildlife Conservation Commission on blanks
7 furnished by it.
8 (4)(6) All dealers and buyers shall forward to the
9 Fish and Wildlife Conservation Commission each 2 weeks during
10 open season a report showing number and kind of hides bought
11 and name of trapper from whom bought and the trapper's license
12 number, or if trapper is exempt from license under any of the
13 provisions of this chapter, such report shall show the nature
14 of such exemption. A No common carrier may not shall
15 knowingly ship or transport or receive for transportation any
16 hides or furs unless such shipments have marked thereon name
17 of shipper and the number of her or his fur-animal license or
18 fur dealer's license.
19 Section 7. Section 372.571, Florida Statutes, is
20 amended to read:
21 372.571 Expiration of licenses and permits.--Each
22 license or permit issued under this chapter must be dated when
23 issued. Each license or permit issued under this chapter
24 remains valid for 12 months after the date of issuance, except
25 for a lifetime license issued pursuant to s. 372.57 which is
26 valid from the date of issuance until the death of the
27 individual to whom the license is issued unless otherwise
28 revoked in accordance with s. 372.99, or a 5-year license
29 issued pursuant to s. 372.57 which is valid for 5 consecutive
30 years from the date of purchase unless otherwise revoked in
31 accordance with s. 372.99 or a license issued pursuant to s.
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1 372.57(2)(b) or (j) (g), which is valid for the period
2 specified on the license or a license issued pursuant to s.
3 372.57(6)(b)2., which expires on May 30. A resident lifetime
4 license or a resident 5-year license that has been purchased
5 by a resident of this state and who subsequently resides in
6 another state shall be honored for activities authorized by
7 that license.
8 Section 8. Subsection (1) of section 372.5712, Florida
9 Statutes, is amended to read:
10 372.5712 Florida waterfowl permit revenues.--
11 (1) The commission shall expend the revenues generated
12 from the sale of the Florida waterfowl permit as provided in
13 s. 372.57(6)(a) s. 372.57(4)(a) or that pro rata portion of
14 any license that includes waterfowl hunting privileges, as
15 provided in s. 372.57(2)(l) s. 372.57(2)(i) and (14)(b) as
16 follows: A maximum of 5 percent of the gross revenues shall
17 be expended for administrative costs; a maximum of 25 percent
18 of the gross revenues shall be expended for waterfowl research
19 approved by the commission; and a maximum of 70 percent of the
20 gross revenues shall be expended for projects approved by the
21 commission, in consultation with the Waterfowl Advisory
22 Council, for the purpose of protecting and propagating
23 migratory waterfowl and for the development, restoration,
24 maintenance, and preservation of wetlands within the state.
25 Section 9. Subsection (1) of section 372.5715, Florida
26 Statutes, is amended to read:
27 372.5715 Florida wild turkey permit revenues.--
28 (1) The commission shall expend the revenues generated
29 from the sale of the turkey permit as provided for in s.
30 372.57(6)(e) s. 372.57(4)(e) or that pro rata portion of any
31 license that includes turkey hunting privileges as provided
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1 for in s. 372.57(2)(l) s. 372.57(2)(i) and (14)(b) for
2 research and management of wild turkeys.
3 Section 10. Section 372.573, Florida Statutes, is
4 amended to read:
5 372.573 Management area permit revenues.--The
6 commission shall expend the revenue generated from the sale of
7 the management area permit as provided for in s. 372.57(6)(b)
8 s. 372.57(4)(b) or that pro rata portion of any license that
9 includes management area privileges as provided for in s.
10 372.57(2)(l) s. 372.57(2)(i) and (14)(b) for the lease,
11 management, and protection of lands for public hunting,
12 fishing, and other outdoor recreation.
13 Section 11. Section 372.661, Florida Statutes, is
14 amended to read:
15 372.661 Private hunting preserve, license;
16 exception.--
17 (1) Any person who operates a private hunting preserve
18 commercially or otherwise shall be required to pay a license
19 fee of $25 for each such preserve; provided, however, that
20 during the open season established for wild game of any
21 species, a private individual may take artificially propagated
22 game of such species up to the bag limit prescribed for the
23 particular species without being required to pay the license
24 fee required by this section, but; provided further that if
25 any such individual charges shall charge a fee for taking such
26 game, she or he must shall be required to pay the license fee
27 required by this section and must to comply with the rules and
28 regulations of the Fish and Wildlife Conservation Commission
29 relative to the operation of private hunting preserves.
30 (2) A commercial hunting preserve license, which
31 exempts shall exempt patrons of licensed preserves from the
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1 licensure requirements of s. 372.57(2), (d), (f), (h), (i),
2 (j), and (l), s. 372.57(2)(e), (f), (g), and (i), (4)(a), (c),
3 (d), and (e), (7), (9), and (14)(b) while hunting on the
4 licensed preserve property, shall be $500. Such a commercial
5 hunting preserve license is shall be available only to those
6 private hunting preserves licensed under pursuant to this
7 section which are operated exclusively for commercial
8 purposes, which are open to the public, and for which a
9 uniform fee is charged to patrons for hunting privileges.
10 Section 12. Section 372.83, Florida Statutes, is
11 amended to read:
12 372.83 Noncriminal infractions; criminal penalties;
13 suspension and revocation of licenses and permits.--
14 (1) A person is guilty of a noncriminal infraction,
15 punishable as provided in s. 372.711, if she or he violates
16 any of the following provisions:
17 (a) Rules, regulations, or orders relating to the
18 filing of reports or other documents required of persons who
19 are licensed or who hold permits issued by the commission.
20 (b) Rules, regulations, or orders relating to fish
21 management areas.
22 (c) Rules, regulations, or orders relating to quota
23 hunt permits, daily use permits, hunting zone assignments,
24 camping restrictions, the use of alcoholic beverages, vehicle
25 use, and check station requirements within wildlife management
26 areas or other areas managed by the commission.
27 (d) Rules, regulations, or orders requiring permits
28 free of charge to possess captive wildlife for personal use.
29 (e) Rules, regulations, or orders establishing size or
30 slot limits for freshwater game fish.
31
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1 (f) Rules, regulations, or orders regulating vessel
2 size or specifying motor restrictions on specified water
3 bodies.
4 (g) Rules, regulations, or orders relating to the
5 registration of off-road vehicles and airboats operated on
6 state lands.
7 (h) Section 372.57, relating to hunting, fishing, and
8 trapping licenses.
9 (i) Section 372.988, relating to required clothing for
10 persons hunting deer.
11 (j) Section 372.57(6)(g), relating to snook permits,
12 or s. 372.57(6)(h), relating to crawfish permits.
13
14 A person who fails to pay the civil penalty specified in s.
15 372.711 within 30 days after being cited for a noncriminal
16 infraction or to appear before the court pursuant to that
17 section is guilty of a misdemeanor of the second degree,
18 punishable as provided in s. 775.082 or s. 775.083.
19 (2) A person is guilty of a misdemeanor of the second
20 degree, punishable as provided in s. 775.082 or s. 775.083, if
21 she or he violates any of the following rules, regulations, or
22 orders of the commission:
23 (a) Rules, regulations, or orders that specify season
24 or time periods for the taking of freshwater fish or wildlife.
25 (b) Rules, regulations, or orders that specify bag
26 limits or restrict methods of taking freshwater fish or
27 wildlife.
28 (c) Rules, regulations, or orders that relate to the
29 sale, possession for sale, purchase, transfer, transportation,
30 or importation of freshwater fish or wildlife.
31
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1 (d) Rules, regulations, or orders that prohibit public
2 access for specified periods to wildlife management areas or
3 other areas managed by the commission.
4 (e) Rules, regulations, or orders that require a
5 person to pay a fee to obtain a permit to possess captive
6 wildlife or that require the maintenance of records relating
7 to captive wildlife.
8 (f) All other rules, regulations, and orders of the
9 commission, except those specified in subsection (1).
10 (3) It is unlawful for any person to make, forge,
11 counterfeit, or reproduce a freshwater fishing, hunting, or
12 saltwater fishing license unless authorized by the commission.
13 It is unlawful for any person to knowingly have in his or her
14 possession a forgery, counterfeit, or imitation of such a
15 license unless possession by the person has been fully
16 authorized by the commission. A person who violates this
17 subsection commits a felony of the third degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084.
19 (4)(3) Unless otherwise provided in this chapter, a
20 person who violates any provision of this chapter is guilty,
21 for the first offense, of a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083, and is
23 guilty, for the second offense or any subsequent offense, of a
24 misdemeanor of the first degree, punishable as provided in s.
25 775.082 or s. 775.083.
26 (5)(4) The court may order the suspension or
27 revocation of any license or permit issued to a person
28 pursuant to this chapter, if that person commits a criminal
29 offense specified in this chapter or a noncriminal infraction
30 specified in this section.
31
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1 Section 13. Subsections (7) and (15) of section
2 328.72, Florida Statutes, are amended to read:
3 328.72 Classification; registration; fees and charges;
4 surcharge; disposition of fees; fines; marine turtle
5 stickers.--
6 (7) SERVICE FEE.--In addition to other registration
7 fees, the vessel owner shall pay the tax collector a $2.25
8 service fee for each registration issued, replaced, or
9 renewed. All fees collected by a tax collector, other than
10 the service charge and the county portion of the registration
11 certificate fee collected pursuant to subsection (1),
12 collected by a tax collector must be remitted to the
13 department not later than 7 working days following the last
14 day of the week in which the money was collected remitted.
15 Vessels may travel in salt water or fresh water.
16 (15) DISTRIBUTION OF FEES.--The county portion of the
17 registration certificate fee collected Moneys deposited
18 pursuant to subsection (1) is to be used s. 328.76 to be
19 returned to the counties are for the sole purposes of
20 providing recreational channel marking and public launching
21 facilities and other boating-related activities, for removal
22 of vessels and floating structures deemed a hazard to public
23 safety and health for failure to comply with s. 327.53, and
24 for manatee and marine mammal protection and recovery. The
25 county portion of the vessel registration certificate fee
26 collected by the Fast Title Section of the Bureau of Titles
27 and Registrations of the Department of Highway Safety and
28 Motor Vehicles must be returned to the vessel owner's county
29 of residence. The department shall ascertain, as a guideline
30 in determining the amounts of distributions each county may
31 receive, the number of noncommercial vessels registered in the
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1 county during the preceding fiscal year according to the fee
2 schedule provided in subsection (1) and shall promulgate rules
3 to effectuate this. Each fiscal year, prior to determination
4 of distributions to the counties under this section, an amount
5 equal to $1 for each vessel registered in this state shall be
6 transferred to the Save the Manatee Trust Fund for manatee and
7 marine mammal research, protection, and recovery.
8 Section 14. Subsection (1) of section 328.76, Florida
9 Statutes, is amended to read:
10 328.76 Marine Resources Conservation Trust Fund;
11 vessel registration funds; appropriation and distribution.--
12 (1) Except as otherwise specified in this chapter and
13 less any administrative costs, all funds collected from the
14 registration of vessels through the Department of Highway
15 Safety and Motor Vehicles and the tax collectors of the state
16 shall be deposited in the Marine Resources Conservation Trust
17 Fund for recreational channel marking; public launching
18 facilities; law enforcement and quality control programs;
19 aquatic weed control; manatee protection, recovery, rescue,
20 rehabilitation, and release; and marine mammal protection and
21 recovery. The funds collected pursuant to s. 328.72(1) shall
22 be transferred as follows:
23 (a) In each fiscal year, an amount equal to $1 for
24 each vessel registered in this state shall be transferred to
25 the Save the Manatee Trust Fund for manatee and marine mammal
26 research, protection, and recovery in accordance with the
27 provisions of s. 370.12(4)(a).
28 (b) In addition, in each fiscal year, an amount equal
29 to 50 cents for each vessel registered in this state shall be
30 transferred to the Save the Manatee Trust Fund in accordance
31 with the provisions of s. 370.12(4)(b) for use by those
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1 facilities approved to rescue, rehabilitate, and release
2 manatees as authorized pursuant to the Fish and Wildlife
3 Service of the United States Department of the Interior.
4 (c) Two dollars from each noncommercial vessel
5 registration fee, except that for class A-1 vessels, shall be
6 transferred to the Invasive Plant Control Trust Fund for
7 aquatic weed research and control.
8 (d) Forty percent of the registration fees from
9 commercial vessels shall be used for law enforcement and
10 quality control programs.
11 (e) Forty percent of the registration fees from
12 commercial vessels shall be transferred to the Invasive Plant
13 Control Trust Fund for aquatic plant research and control.
14 Section 15. Subsection (3) of section 370.06, Florida
15 Statutes, is amended to read:
16 370.06 Licenses.--
17 (3) NET LICENSES.--Except for cast nets and bait
18 seines which are 100 feet in length or less and which have a
19 mesh that is 3/8 inch or less, all nets used to take
20 finfish, including, but not limited to, gill nets, trammel
21 nets, and beach seines, must be licensed or registered. Each
22 net used to take finfish for commercial purposes, or by a
23 nonresident, must be licensed under a saltwater products
24 license issued pursuant to subsection (2) and must bear the
25 number of such license. A noncommercial resident net
26 registration must be issued to each net used to take finfish
27 for noncommercial purposes and may only be issued to residents
28 of the state. Each net so registered must bear the name of the
29 person in whose name the net is registered.
30 Section 16. Section 372.5702, Florida Statutes, is
31 created to read:
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1 372.5702 Fish and Wildlife Conservation Commission
2 license program for tarpon; fees; penalties.--
3 (1) The Fish and Wildlife Conservation Commission
4 shall establish a license program for the purpose of issuing
5 tags to individuals desiring to harvest tarpon (megalops
6 atlantica) from the waters of the State of Florida. The tags
7 shall be nontransferable, except that the commission may allow
8 for a limited number of tags to be purchased by professional
9 fishing guides for transfer to individuals, and issued by the
10 commission in order of receipt of a properly completed
11 application for a nonrefundable fee of $50 per tag. The
12 commission and any tax collector may sell the tags and collect
13 the fees therefor. Tarpon tags are valid from July 1 through
14 June 30. Before August 15 of each year, each tax collector
15 shall submit to the commission all unissued tags for the
16 previous calendar year along with a written audit report, on
17 forms prescribed or approved by the commission, as to the
18 numbers of the unissued tags. To defray the cost of issuing
19 any tag, the issuing tax collector shall collect and retain as
20 his or her costs, in addition to the tag fee collected, the
21 amount allowed under s. 372.561(4) for the issuance of
22 licenses.
23 (2) The number of tags to be issued shall be
24 determined by rule of the commission. The commission shall in
25 no way allow the issuance of tarpon tags to adversely affect
26 the tarpon population.
27 (3) Proceeds from the sale of tarpon tags shall be
28 deposited in the Marine Resources Conservation Trust Fund and
29 shall be used to gather information directly applicable to
30 tarpon management.
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1 (4) No individual shall take, kill, or possess any
2 fish of the species megalops atlantica, commonly known as
3 tarpon, unless such individual has purchased a tarpon tag and
4 securely attached it through the lower jaw of the fish. Said
5 individual shall within 5 days after the landing of the fish
6 submit a form to the commission which indicates the length,
7 weight, and physical condition of the tarpon when caught; the
8 date and location of where the fish was caught; and any other
9 pertinent information which may be required by the commission.
10 The commission may refuse to issue new tags to individuals or
11 guides who fail to provide the required information.
12 (5) Any individual including a taxidermist who
13 possesses a tarpon which does not have a tag securely attached
14 as required by this section shall be subject to penalties as
15 prescribed in s. 370.021. Provided, however, a taxidermist may
16 remove the tag during the process of mounting a tarpon. The
17 removed tag shall remain with the fish during any subsequent
18 storage or shipment.
19 (6) Purchase of a tarpon tag shall not accord the
20 purchaser any right to harvest or possess tarpon in
21 contravention of rules adopted by the commission. No
22 individual may sell, offer for sale, barter, exchange for
23 merchandise, transport for sale, either within or without the
24 state, offer to purchase, or purchase any species of fish
25 known as tarpon.
26 (7) The commission shall prescribe and provide
27 suitable forms and tags necessary to carry out the provisions
28 of this section.
29 (8) The provisions of this section shall not apply to
30 anyone who immediately returns a tarpon uninjured to the water
31 at the place where the fish was caught.
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1 Section 17. Sections 370.0605, 370.0615, 370.0608,
2 370.062, and 370.1111, Florida Statutes, and subsection (10)
3 and (11) of section 370.14, Florida Statutes, are repealed.
4 Section 18. This act shall take effect July 1, 2000.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 CS/SB 386
8
9 CS/CS/SB 386 made the following substantive changes to CS/SB
386:
10
1) Repeals s. 370.1111, F.S., relating to the $2 snook
11 permit and recreates it in ch. 372, F.S.
12 2) Repeals s. 370.14(10)(11), F.S., relating to the $2
crawfish permit and recreates it in ch. 372, F.S.
13
3) Repeals s. 370.062, F.S., relating to the tarpon
14 licensing program and recreates it in ch. 372, F.S.
15 4) Clarifies that the county portion of the vessel
registration fee collected at the DHSMV must be returned
16 to vessel owner's county of residence.
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