Senate Bill 0386e1

CODING: Words stricken are deletions; words underlined are additions.







    CS for CS for SB 386                           First Engrossed



  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. 372.16, F.S.; revising

  8         license fees for private game preserves;

  9         amending s. 372.57, F.S.; providing for

10         noncommercial saltwater fishing licenses;

11         providing for exceptions; providing for a

12         combination license to hunt and take freshwater

13         and saltwater fish; providing for a combination

14         freshwater and saltwater fishing license;

15         providing for a 3-day saltwater fishing

16         license; coordinating the exemption

17         requirements for licenses for retired residents

18         to the retirement-age eligibility requirements

19         of the United States Social Security

20         Administration; authorizing the commission to

21         issue temporary saltwater fishing licenses for

22         special events in management areas for certain

23         persons; providing that no fee is charged for

24         such temporary licenses; providing for lifetime

25         and 5-year saltwater fishing licenses; deleting

26         duplicate provision dealing with fishing

27         licenses for residents 64 years of age or

28         older; providing for fishing rod licenses and

29         fees; providing for a turkey permit for

30         nonresidents; providing for a snook permit;

31         providing for a crawfish permit; providing for


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         use of such funds; creating s. 372.5701, F.S.;

  2         providing for the deposit and allocation of

  3         revenues received from the annual saltwater

  4         license fees; amending s. 372.561, F.S.;

  5         requiring the commission to issue licenses and

  6         permits to take wild animal life or freshwater

  7         or saltwater aquatic life upon proof of the

  8         applicant that he or she is entitled to such a

  9         permit or license; providing that licenses and

10         permits for hunting, saltwater fishing, and

11         freshwater fishing must be issued, without fee,

12         to certain disabled persons; specifying portion

13         of license fees to be retained by tax

14         collectors; amending s. 372.574, F.S.;

15         providing for a fee for electronic license

16         sales; providing for the replacement of a lost

17         or destroyed license or permit; providing a

18         fee; amending s. 372.66, F.S.; deleting the

19         nonresident fur dealer agent license, the

20         resident fur dealer agent license, and the

21         resident local fur dealer license; amending ss.

22         372.571, 372.5712, 372.5715, 372.573, 372.661,

23         F.S.; conforming cross-references; creating s.

24         372.579, F.S.; authorizing the commission to

25         adopt license or processing fees; increasing a

26         fee; amending s. 372.83, F.S.; providing that

27         it is unlawful to make, forge, or counterfeit

28         any hunting or fishing license; providing

29         penalties; providing that it is a noncriminal

30         infraction to violate specified provisions

31         relating to snook permits or crawfish permits;


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         providing penalties; amending ss. 328.72,

  2         328.76, F.S.; revising provisions relating to

  3         the remission of service fees to the Department

  4         of Highway Safety and Motor Vehicles and

  5         relating to the distribution and use of certain

  6         portions of the registration certificate fees;

  7         amending s. 370.06, F.S.; deleting obsolete

  8         provisions relating to gill nets; repealing ss.

  9         370.0605, 370.0615, 370.0608, 370.062,

10         370.1111, and s. 370.14(10), (11), F.S.,

11         relating to saltwater fishing licenses;

12         creating s. 372.5702, F.S.; providing a license

13         program for tarpon; providing for fees;

14         providing for deposit of such fees; amending s.

15         372.87, F.S.; revising venomous reptile license

16         fees; amending s. 372.921, F.S.; revising

17         wildlife exhibition permit fees; amending s.

18         372.922, F.S.; revising the classifications and

19         permit fees for wildlife; providing an

20         effective date.

21

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

23

24         Section 1.  Paragraph (b) of subsection (2) and

25  paragraph (b) of subsection (3) of section 372.105, Florida

26  Statutes, are amended to read:

27         372.105  Lifetime Fish and Wildlife Trust Fund.--

28         (2)  The principal of the fund shall be derived from

29  the following:

30

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (b)  Proceeds from the sale of lifetime licenses issued

  2  in accordance with s. 372.57 with the exception of the

  3  saltwater portion of the lifetime sportsman's license.

  4         (3)  The fund is declared to constitute a special trust

  5  derived from a contractual relationship between the state and

  6  the members of the public whose investments contribute to the

  7  fund.  In recognition of such special trust, the following

  8  limitations and restrictions are placed on expenditures from

  9  the funds:

10         (b)  The interest income received and accruing from the

11  investments of the fund shall be spent in furtherance of the

12  commission's exercise of the regulatory and executive powers

13  of the state with respect to the management, protection, and

14  conservation of wild animal life and saltwater and freshwater

15  aquatic life as set forth in s. 9, Art. IV of the State

16  Constitution and this chapter and as otherwise authorized by

17  the Legislature.

18         Section 2.  Subsection (4) of section 372.16, Florida

19  Statutes, is amended to read:

20         372.16  Private game preserves and farms; penalty.--

21         (4)  Any person violating the provisions of this

22  section shall for the first offense be guilty of a misdemeanor

23  of the second degree, punishable as provided in s. 775.082 or

24  s. 775.083, and for a second or subsequent offense shall be

25  guilty of a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.  Any person convicted of

27  violating the provisions of this section shall forfeit, to the

28  Fish and Wildlife Conservation Commission, any license or

29  permit issued under the provisions hereof; and no further

30  license or permit shall be issued to such person for a period

31  of 1 year following such conviction. Before any private game


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  preserve or farm is established, the owner or operator shall

  2  secure a license from the Fish and Wildlife Conservation

  3  Commission, the fee for which shall be $25 $5 per year.

  4         Section 3.  Section 372.57, Florida Statutes, is

  5  amended to read:

  6         372.57  Licenses and permits; exemptions; fees.--No

  7  person, except as provided herein, shall take or possess game,

  8  freshwater fish, saltwater fish, or fur-bearing animals within

  9  this state without having first obtained a license, permit, or

10  authorization and paid the fees hereinafter set forth, unless

11  such license is issued without fee as provided in s. 372.561.

12  A person may not operate any vessel for which a fee is paid

13  either directly or indirectly for the purpose of taking,

14  attempting to take, or possessing any saltwater fish for

15  noncommercial purposes, unless he or she has been issued an

16  authorization or has obtained a license for each vessel for

17  that purpose and has paid the license fee imposed under this

18  section for such a vessel. Such license, permit, or

19  authorization shall authorize the person to whom it is issued

20  to take game, freshwater fish, saltwater fish, or fur-bearing

21  animals in accordance with law and commission rules. Such

22  license, permit, or authorization is not transferable. Each

23  license or permit must bear on its face in indelible ink the

24  name of the person to whom it is issued and other information

25  requested by the commission, and, if the license is issued to

26  the owner, operator, or custodian of a vessel for which a fee

27  is paid either directly or indirectly for the purpose of

28  taking or attempting to take or possess saltwater fish for

29  noncommercial purposes, the vessel registration number or

30  federal documentation number must be included. Such license,

31  permit, or authorization issued by the commission or any agent


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  must be in the personal possession of the person to whom

  2  issued while taking game, freshwater fish, saltwater fish, or

  3  fur-bearing animals. The failure of such person to exhibit

  4  such license, permit, or authorization to the commission or

  5  its wildlife officers, when such person is found taking game,

  6  freshwater fish, saltwater fish, or fur-bearing animals, is a

  7  violation of law.  A positive form of identification is

  8  required when using an authorization, a lifetime license, a

  9  5-year license, or when otherwise required by the license or

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

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

12  date of issuance, and other pertinent information as deemed

13  necessary by the commission.  A certified copy of the

14  applicant's birth certificate shall accompany all applications

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

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

17  authorization shall provide the applicant's social security

18  number on the application form. Disclosure of social security

19  numbers obtained through this requirement shall be limited to

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

21  enforcement program and use by the commission, and as

22  otherwise provided by law.

23         (1)  A license or permit is not required for:

24         (a)  Any child under 16 years of age except as

25  otherwise provided in this chapter.

26         (b)  Any person hunting or fishing in the person's

27  county of residence on the person's homestead or the homestead

28  of the person's spouse or minor child, or any minor child

29  hunting or fishing on the homestead of her or his parent.

30

31


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (c)  Any resident who is a member of the Armed Forces

  2  of the United States, who is not stationed in this state, when

  3  home on leave for 30 days or less, upon submission of orders.

  4         (d)  Any resident when fishing with live or natural

  5  bait, using poles or lines which are not equipped with a

  6  fishing line retrieval mechanism, and fishing for

  7  noncommercial purposes in the county of her or his residence,

  8  except on legally established fish management areas.  This

  9  paragraph, as amended by chapter 76-156, Laws of Florida, may

10  be cited as the "Dempsey J. Barron, W. D. Childers, and Joe

11  Kershaw Cane Pole Tax Repeal Act of 1976."

12         (e)  Any person fishing in a fish pond of 20 acres or

13  less which is located entirely within the private property of

14  the fish pond owner.

15         (f)  Any person fishing in a fish pond which is

16  licensed in accordance with s. 372.5705.

17         (g)  Any Florida resident fishing in salt water from

18  land or from a structure fixed to the land.

19         (h)  Any person fishing from a vessel the operator of

20  which is licensed under subsection (2).

21         (i)  Any person who holds a valid saltwater products

22  license issued under s. 370.06(2).

23         (j)(g)  Any person fishing who has been accepted as a

24  client for developmental services by the Department of

25  Children and Family Services, which department shall furnish

26  such person proof thereof.

27         (k)  Any person fishing from a pier for the purpose of

28  taking or attempting to take or possess saltwater fish for

29  noncommercial purposes licensed under this section.

30

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (l)  Any person fishing for the purpose of taking or

  2  attempting to take or possess saltwater fish for noncommercial

  3  purposes from a vessel that is licensed under this section.

  4         (m)  Any Florida resident who is fishing for mullet in

  5  fresh water and has a valid Florida freshwater fishing

  6  license.

  7         (n)  Any Florida resident fishing for a saltwater

  8  species in fresh water from land or from a structure fixed to

  9  the land.

10         (o)(h)  Any resident who meets the retirement age

11  requirements, not including early-retirement age, of the

12  United States Social Security Administration as specified in

13  42 U.S.C. s. 416, and who has in her or his possession proof

14  of compliance with the age, residency, and retirement-age

15  eligibility requirements. A free license may be obtained from

16  any tax collector's office upon proof of age, residency, and

17  retirement-age eligibility requirements. 65 years of age or

18  older who has in her or his possession proof of age and

19  residency.  A free license may be obtained from any tax

20  collector's office upon proof of age and residency.

21         (2)  For residents and nonresidents, the license and

22  fees for noncommercial freshwater and saltwater fishing and

23  for hunting and trapping in this state, and the activity

24  authorized thereby, are as follows:

25         (a)  A fishing license for a resident to take

26  freshwater or saltwater fish in this state is $12 each.

27         (b)  A fishing license for a nonresident to take

28  freshwater or saltwater fish in this state for 7 consecutive

29  days is $15 each.

30         (c)  For a nonresident, a 3-day fishing license to take

31  saltwater fish is $5.


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (d)(c)  For a nonresident, an annual A fishing license

  2  for a nonresident to take freshwater fish or an annual license

  3  to take saltwater fish in this state is $30 each.

  4         (e)(d)  A combination fishing and hunting license for a

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

  6  $22.

  7         (f)  A combination fishing license for a resident to

  8  take freshwater and saltwater fish is $24.

  9         (g)  A combination license to hunt and take freshwater

10  and saltwater fish is $34.

11         (h)1.  For a person who operates a vessel that is

12  licensed to carry more than 10 customers and for which a fee

13  is paid, either directly or indirectly, for the purpose of

14  taking or attempting to take saltwater fish, the license is

15  $800 per year. The license must be kept aboard the vessel at

16  all times.

17         2.  For a person who operates a vessel that is licensed

18  to carry no more than 10 customers, or for a person who is

19  licensed to operate a vessel carrying 6 or fewer customers,

20  for which a fee is paid, either directly or indirectly, for

21  the purpose of taking or attempting to take saltwater fish,

22  the license is $400 per year; however, for a person who is

23  licensed to operate a vessel carrying 6 or fewer customers but

24  who operates a vessel carrying 4 or fewer customers, for which

25  a fee is paid, either directly or indirectly, for such

26  purposes, the license is $200 per year. The license must be

27  kept aboard the vessel at all times.

28         3.  A person who operates a vessel required to be

29  licensed under subparagraph 1. or subparagraph 2. may obtain a

30  license in his or her own name, and the license is

31  transferable and applicable to any vessel operated by the


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  purchaser if the purchaser has paid the appropriate license

  2  fee.

  3         4.  For any pier fixed to the land for the purpose of

  4  taking or attempting to take saltwater fish therefrom, a

  5  fishing license is $500 per year. The owner, operator, or

  6  custodian of such a pier may buy the annual $500 license.  The

  7  purchaser of such a license must have the license available

  8  for inspection at all times.

  9         5.  For a recreational vessel not for hire and for

10  which no fee is paid either directly or indirectly by guests,

11  for the purpose of taking or attempting to take saltwater fish

12  noncommercially, a fishing license is $2,000 per year. The

13  license may be purchased at the option of the vessel owner and

14  must be kept aboard the vessel at all times. The licensee

15  shall maintain a log of species taken and the date the species

16  were taken and shall file a copy of the log with the Fish and

17  Wildlife Conservation Commission at the time of renewal of the

18  license.

19         (i)(e)  A hunting license for a resident to take game

20  in this state is $11.

21         (j)(f)  A hunting license for a nonresident to take

22  game in this state is $150.

23         (k)(g)  A hunting license for a nonresident to take

24  game in this state for 10 consecutive days is $25.

25         (l)(h)  A license for a resident and nonresident to

26  take fur-bearing animals in this state is $25.

27         (m)(i)  A sportsman's license for a resident is $66.

28  The sportsman's license authorizes the holder to take

29  freshwater fish and game, subject to state and federal

30  regulations and rules of the commission in effect at the time

31  of taking, and authorizes the same activities authorized by a


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  management area permit, a muzzle-loading gun permit, a turkey

  2  permit, a Florida waterfowl permit, and an archery permit.  A

  3  nonresident may not purchase a sportsman's license.

  4         (3)  The owner, operator, or custodian of a vessel the

  5  operator of which has been licensed under this section must

  6  maintain and report such statistical data as required by, and

  7  in a manner set forth in, the rules of the commission.

  8         (4)  The Fish and Wildlife Conservation Commission may

  9  issue a temporary saltwater fishing license, upon request, to

10  any governmental or nonprofit organization that sponsors 1-day

11  special events in fishing management areas for individuals who

12  have physical, mental, or emotional disabilities or for the

13  economically disadvantaged. A fee may not be charged for such

14  a temporary license. The temporary license is valid for 1 day

15  and must designate the date and the maximum number of

16  individuals that it applies to.

17         (5)(3)  A resident or nonresident taking fur-bearing

18  animals by the use of guns or dogs only and not by the use of

19  traps or other devices, and not for commercial purposes, who

20  has purchased the license provided for hunting in this

21  section, received a no-cost license, or is exempt from the

22  license requirements of this chapter is not required to

23  purchase a the license provided in paragraph (2)(h).  A

24  resident who is age 65 or older is not required to purchase

25  the license provided in paragraph (2)(k) (2)(h).

26         (6)(4)  In addition to any license required by this

27  chapter, the following permits and fees for certain hunting,

28  fishing, and recreational uses, and the activities authorized

29  thereby, are:

30         (a)  A Florida waterfowl permit to take wild ducks or

31  geese within this state or its coastal waters is $3.


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  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


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  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 Florida turkey permit for a nonresident to take

19  wild turkeys within this state is $100.

20         (g)(f)  A special use permit for limited entry hunting

21  or freshwater fishing, where such hunting or freshwater

22  fishing is authorized by commission rule, shall be up to $100

23  per day but shall not exceed $250 per week. Notwithstanding

24  any other provision of this chapter, there are no exclusions,

25  exceptions, or exemptions from this fee. In addition to the

26  fee, the commission may charge each applicant for a special

27  use permit a nonrefundable application fee of up to $10.

28         (h)  A snook permit to take or possess any snook from

29  any waters of the state is $2. Moneys generated from these

30  permits shall be used exclusively for programs to benefit

31  snook population.


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (i)  A crawfish permit to take or possess any crawfish

  2  for recreational purposes from any water of the state is $2.

  3  Moneys generated from these permits shall be used exclusively

  4  for programs to benefit crawfish populations.

  5         (g)  The fee for a permanent hunting and fishing

  6  license for a resident 64 years of age or older is $12.

  7         (7)(5)  The commission may is authorized to reduce the

  8  fees for licenses and permits under this section for residents

  9  of those states with which the commission has entered into

10  reciprocal agreements with respect to such fees.

11         (8)(6)  The commission may designate by rule no more

12  than 2 consecutive or nonconsecutive days in each year as free

13  fishing days. Notwithstanding any other provision of this

14  chapter, any person may take freshwater fish or saltwater fish

15  for noncommercial purposes on a free fishing day without

16  obtaining or possessing a license or paying a license fee as

17  prescribed in this section.  A person who takes freshwater

18  fish or saltwater fish on a free fishing day without obtaining

19  a license or paying a fee must comply with all laws and

20  regulations governing holders of a fishing license and all

21  other conditions and limitations regulating the taking of

22  freshwater fish as are imposed by law or rule.

23         (9)(7)  A resident lifetime sportsman's license

24  authorizes the holder to engage in the following noncommercial

25  activities:

26         (a)  To take or attempt to take or possess freshwater

27  fish, saltwater marine fish, and game, consistent with state

28  and federal regulations and rules of the commission in effect

29  at the time of taking.

30         (b)  All activities authorized by a management area

31  permit, a muzzle-loading gun permit, a turkey permit, an


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  archery permit, a Florida waterfowl permit, a snook permit,

  2  and a crawfish permit.

  3         (10)(8)  The fee for a resident lifetime sportsman's

  4  license is:

  5         (a)  4 years of age or younger.....................$400

  6         (b)  5-12 years of age.............................$700

  7         (c)  13 years of age or older....................$1,000

  8         (11)(9)  A resident lifetime hunting license authorizes

  9  the holder to engage in the following noncommercial

10  activities:

11         (a)  To take or attempt to take or possess game

12  consistent with state and federal regulations and rules of the

13  commission in effect at the time of taking.

14         (b)  All activities authorized by a management area

15  permit, excluding fishing, a muzzle-loading gun permit, a

16  turkey permit, an archery permit, and a Florida waterfowl

17  permit.

18         (12)(10)  The fee for a resident lifetime hunting

19  license shall be:

20         (a)  4 years of age or younger.....................$200

21         (b)  5-12 years of age.............................$350

22         (c)  13 years of age or older......................$500

23         (13)(11)  A resident lifetime freshwater fishing

24  license authorizes the holder to engage in the following

25  noncommercial activities:

26         (a)  To take or attempt to take or possess freshwater

27  fish consistent with state and federal regulations and rules

28  of the commission in effect at the time of taking.

29         (b)  All activities authorized by a management area

30  permit, excluding hunting.

31


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (14)(12)  The fee for a resident lifetime freshwater

  2  fishing license shall be:

  3         (a)  4 years of age or younger.....................$125

  4         (b)  5-12 years of age.............................$225

  5         (c)  13 years of age or older......................$300

  6         (15)  A resident lifetime saltwater fishing license

  7  authorizes the holder to engage in the following noncommercial

  8  activities:

  9         (a)  To take or attempt to take or possess marine fish

10  consistent with state and federal regulations and rules of the

11  commission.

12         (b)  All activities authorized by a snook permit and a

13  crawfish permit.

14         (16)  The fee for a resident lifetime saltwater fishing

15  license shall be:

16         (a)  4 years of age or younger.....................$125

17         (b)  5-12 years of age.............................$225

18         (c)  13 years of age or older......................$300

19         (13)  Fees collected pursuant to s. 370.0605(2) for

20  5-year saltwater fishing licenses, fees collected pursuant to

21  s. 370.0605(6)(e) for replacement 5-year and lifetime

22  licenses, fees collected pursuant to s. 370.0615 for lifetime

23  saltwater fishing licenses, and 30 percent of the fee for the

24  lifetime sportsman's license shall be transferred within 30

25  days following the last day of the month in which the license

26  fees were received by the commission to the Marine Resources

27  Conservation Trust Fund.

28         (17)(14)  The following 5-year licenses are authorized:

29         (a)  A 5-year freshwater fishing license for a resident

30  to take or attempt to take or possess freshwater fish in this

31  state for 5 consecutive years is $60 and authorizes the holder


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  to engage in noncommercial activities to take or attempt to

  2  take or possess freshwater fish consistent with state and

  3  federal regulations and rules of the commission in effect at

  4  the time of taking.

  5         (b)  A 5-year hunting license for a resident to take or

  6  attempt to take or possess game in this state for 5

  7  consecutive years is $55 and authorizes the holder to engage

  8  in noncommercial activities to take or attempt to take or

  9  possess game consistent with state and federal regulations and

10  rules of the commission in effect at the time of taking.

11         (c)  A 5-year saltwater fishing license for a resident

12  to take or attempt to take or possess saltwater fish in this

13  state for 5 consecutive years is $60 and authorizes the holder

14  to engage in noncommercial activities to take or attempt to

15  take or possess saltwater fish consistent with state and

16  federal regulations and rules of the commission in effect at

17  the time of taking.

18         (18)(15)  Proceeds from the sale of 5-year licenses as

19  provided in this chapter must shall be deposited into the

20  Dedicated License Trust Fund. One-fifth of the total proceeds

21  derived from the sale of 5-year licenses, replacement 5-year

22  licenses, and all interest derived therefrom shall be

23  available for appropriation annually.

24         (19)  Notwithstanding other provisions of this chapter,

25  the commission may sell fishing rod licenses. The fishing rod

26  license for a resident or nonresident must be adopted by

27  commission rule and must not exceed $200 per license. The

28  license is valid for 1 year from the date of issuance. The

29  fishing rod license allows a person, resident or nonresident,

30  to fish with a rod to which the license is attached, within

31  the state, without the necessity of any other license or


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  permit required by chapter 372 or chapter 370, except for

  2  permits or tags required by s. 370.111, s. 370.062, or s.

  3  372.57(4)(f). Each license must be permanently attached to the

  4  rod. Damaged rods with licenses or damaged licenses must be

  5  returned to the commission for issuance of a replacement

  6  license. The commission may charge up to $5 for each

  7  replacement license. The commission, by rule, may limit the

  8  counties from which the licenses may be obtained and may limit

  9  the waterbodies upon which the permitted rods may be used,

10  based upon economic and administrative limitations.

11         Section 4.  Section 372.5701, Florida Statutes, is

12  created to read:

13         372.5701  Deposit of license fees; allocation of

14  federal funds.--

15         (1)  All annual saltwater license fees collected

16  pursuant to s. 372.57 shall be deposited into the Marine

17  Resources Conservation Trust Fund, to be used as follows:

18         (a)  Not more than 5 percent of the total fees

19  collected shall be used to carry out the responsibilities of

20  the Fish and Wildlife Conservation Commission and to provide

21  for the award of funds to marine research institutions in this

22  state for the purposes of enabling such institutions to

23  conduct worthy marine research projects.

24         (b)  Not less than 2.5 percent of the total fees

25  collected shall be used for aquatic education purposes.

26         (c)1.  The remainder of such fees shall be used by the

27  department for the following program functions:

28         a.  Not more than 5 percent of the total fees

29  collected, for administration of the licensing program and for

30  information and education.

31


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         b.  Not more than 30 percent of the total fees

  2  collected, for law enforcement.

  3         c.  Not less than 27.5 percent of the total fees

  4  collected, for marine research.

  5         d.  Not less than 30 percent of the total fees

  6  collected, for fishery enhancement, including, but not limited

  7  to, fishery statistics development, artificial reefs, and fish

  8  hatcheries.

  9         2.  The Legislature shall annually appropriate to the

10  commission from the General Revenue Fund for the activities

11  and programs specified in subparagraph 1. at least the same

12  amount of money as was appropriated to the Department of

13  Environmental Protection from the General Revenue Fund for

14  such activities and programs for fiscal year 1988-1989, and

15  the amounts appropriated to the commission for such activities

16  and programs from the Marine Resources Conservation Trust Fund

17  shall be in addition to the amount appropriated to the

18  commission for such activities and programs from the General

19  Revenue Fund. The proceeds from recreational saltwater fishing

20  license fees paid by fishers shall be appropriated only to the

21  commission.

22         (2)  Funds available from the Wallop-Breaux Aquatic

23  Resources Trust Fund shall be distributed by the commission

24  between the Division of Freshwater Fisheries and the Division

25  of Marine Fisheries in proportion to the numbers of resident

26  fresh and saltwater anglers as determined by the most current

27  data on license sales.  Unless otherwise provided by federal

28  law, the commission, at a minimum, shall provide the

29  following:

30

31


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (a)  Not less than 5 percent or more than 10 percent of

  2  the funds allocated to the commission shall be expended for an

  3  aquatic resources education program; and

  4         (b)  Not less than 10 percent of the funds allocated to

  5  the commission shall be expended for acquisition, development,

  6  renovation, or improvement of boating facilities.

  7         Section 5.  Section 372.561, Florida Statutes, is

  8  amended to read:

  9         372.561  Issuance of licenses to take wild animal life,

10  saltwater aquatic life, or freshwater aquatic life; costs;

11  reporting.--

12         (1)  The provisions of This section applies shall apply

13  to such licenses or permits as are established in s. 372.57.

14         (2)  The commission shall issue licenses and permits to

15  take wild animal life or freshwater or saltwater aquatic life

16  upon proof by the applicant for licensure that she or he is

17  entitled to such license or permit.  The commission shall

18  establish the forms for such licenses and permits. Each

19  applicant for a license, permit, or authorization shall

20  provide the applicant's social security number on the

21  application form. Disclosure of social security numbers

22  obtained through this requirement shall be limited to the

23  purpose of administration of the Title IV-D program for child

24  support enforcement and use by the commission, and as

25  otherwise provided by law.

26         (3)  Licenses and permits for the state may be sold by

27  the commission, by any tax collector in this state, or by any

28  appointed subagent.

29         (4)(a)  In addition to any license or permit fee, the

30  sum of $1.50 shall be charged for each license or management

31  area permit sold.  Such charge is for the purpose of, and the


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  source from which is subtracted, all administrative costs of

  2  issuing a license or permit, including, but not limited to,

  3  printing, distribution, and credit card fees.

  4         (b)  Tax collectors may retain $1 for each freshwater

  5  fishing and hunting license or management area permit sold,

  6  and $1.50 for each saltwater license sold.

  7         (5)(a)  Hunting and saltwater and freshwater fishing

  8  licenses and permits shall be issued, without fee, to any

  9  resident who is certified:

10         1.  To be totally and permanently disabled by the

11  United States Department of Veterans Affairs or its

12  predecessor or, by the United States Social Security

13  Administration, by any branch of the United States Armed

14  Forces, or by the verified written statement which is based

15  upon the criteria for permanent and total disability in

16  chapter 440 of a physician licensed in this state or who holds

17  a valid identification card issued under the provisions of s.

18  295.17, upon proof of the same.  Any license issued under this

19  provision after January 1, 1997, expires after 5 years and

20  must be reissued, upon request, every 5 years thereafter.

21         2.  To be totally disabled A Disability Award Notice

22  issued by the United States Social Security Administration

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

24  provision after October 1, 1999, expires after 2 years and

25  must be reissued, upon proof of certification as provided in

26  this subsection, every 2 years thereafter is not sufficient

27  certification for obtaining a permanent hunting and fishing

28  license under this section unless said form certifies a

29  resident is totally and permanently disabled.

30         (b)  Notwithstanding any other provisions of this

31  section, any person who has received after July 1, 1997, and


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  before July 1, 2000, a valid disability license issued under

  2  this subsection, retains the rights vested thereunder until

  3  the license has expired.

  4         (6)(a)  Tax collectors shall remit license and permit

  5  moneys, along with a report of funds collected and other

  6  required documentation, to the commission within 7 days

  7  following the last business day of the week in which the fees

  8  were received by the tax collector.  The tax collector shall

  9  maintain records of all such licenses and permits which are

10  sold, and all stamps issued voided, stolen, or lost.  The tax

11  collector is responsible to the commission for the fee for all

12  licenses and permits sold and for the value of all licenses

13  and permits stamps reported as lost.  The tax collector shall

14  report stolen licenses and permits to the appropriate law

15  enforcement agency.  The tax collector shall submit a written

16  report and a copy of the law enforcement agency's report to

17  the commission within 5 days after discovering the theft.  The

18  value of a validation stamp is $5.

19         (b)  Tax collectors are also responsible for fees for

20  all licenses and permits sold by their subagents and for the

21  value of all licenses and permits stamps reported as lost.

22  The commission may adopt rules to implement this section.

23         (c)  Not later than August 15 of each year, each county

24  tax collector shall submit to the commission a written audit

25  report, on forms prescribed or approved by the commission, as

26  to the numbers of all unissued licenses and permits stamps for

27  the previous year along with all unissued pictorial permits a

28  written audit report, on forms prescribed or approved by the

29  commission, of the numbers of the unissued stamps.

30         (7)  Within 30 days after the submission of the annual

31  audit report, each county tax collector shall provide the


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  commission with a written audit report on unissued, sold, and

  2  voided licenses, permits, and stamps with a certified

  3  reconciliation statement prepared by a certified public

  4  accountant.  Concurrent with the submission of the

  5  certification, the county tax collector shall remit to the

  6  commission the monetary value of all licenses, permits, and

  7  stamps that are unaccounted for.  Each tax collector is also

  8  responsible for fees for all licenses, permits, and stamps

  9  distributed by him or her to subagents, sold by him or her, or

10  reported by him or her as lost.

11         Section 6.  Section 372.574, Florida Statutes, is

12  amended to read:

13         372.574  Appointment of subagents for the sale of

14  hunting, fishing, and trapping licenses and permits.--

15         (1)  A county tax collector who elects to sell licenses

16  and permits may appoint any person as a subagent for the sale

17  of fishing, hunting, and trapping licenses and permits that

18  the tax collector is allowed to sell. The following are

19  requirements for subagents:

20         (a)  Each subagent must serve at the pleasure of the

21  county tax collector.

22         (b)  Neither an employee of the county tax collector

23  nor her or his relative or next of kin, by blood or otherwise,

24  may be appointed as a subagent.

25         (c)  The tax collector may require each subagent to

26  post an appropriate bond as determined by the tax collector,

27  using an insurance company acceptable to the tax collector.

28  In lieu of such bond, the tax collector may purchase blanket

29  bonds covering all or selected subagents or may allow a

30  subagent to post such other security as is required by the tax

31  collector.


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (d)  A subagent may sell licenses and permits as are

  2  determined by the tax collector at such specific locations

  3  within the county and in states contiguous to Florida as will

  4  best serve the public interest and convenience in obtaining

  5  licenses and permits. The commission may uniformly prohibit

  6  subagents from selling certain licenses or permits.

  7         (e)  It is unlawful for any person to handle licenses

  8  or permits for a fee or compensation of any kind unless she or

  9  he has been appointed as a subagent.

10         (f)  Any person who willfully violates any of the

11  provisions of this law is guilty of a misdemeanor of the

12  second degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         (g)  A subagent may charge and receive as her or his

15  compensation 50 cents for each license or permit sold.  This

16  charge is in addition to the sum required by law to be

17  collected for the sale and issuance of each license or permit.

18         (h)  A subagent shall submit payment for and report the

19  sale of licenses and permits to the tax collector as

20  prescribed by the tax collector but no less frequently than

21  monthly.

22         (i)  Subagents shall submit an activity report for

23  sales made during the reporting period on forms prescribed or

24  approved by the commission. Periodic audits may be performed

25  at the discretion of the commission.

26         (2)  If a tax collector elects not to appoint

27  subagents, the commission may appoint subagents within that

28  county.  Subagents shall serve at the pleasure of the

29  commission.  The commission may establish, by rule, procedures

30  for selection of subagents.  The following are requirements

31  for subagents so appointed:


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (a)  The commission may require each subagent to post

  2  an appropriate bond as determined by the commission, using an

  3  insurance company acceptable to the commission.  In lieu of

  4  the bond, the commission may purchase blanket bonds covering

  5  all or selected subagents or may allow a subagent to post

  6  other security as required by the commission.

  7         (b)  A subagent may sell licenses and permits as

  8  authorized by the commission at specific locations within the

  9  county and in states as will best serve the public interest

10  and convenience in obtaining licenses and permits. The

11  commission may prohibit subagents from selling certain

12  licenses or permits.

13         (c)  It is unlawful for any person to handle licenses

14  or permits for a fee or compensation of any kind unless he or

15  she has been appointed as a subagent.

16         (d)  Any person who willfully violates any of the

17  provisions of this section commits a misdemeanor of the second

18  degree, punishable as provided in s. 775.082 or s. 775.083.

19         (e)  A subagent may charge and receive as his or her

20  compensation 50 cents for each license or permit sold.  This

21  charge is in addition to the sum required by law to be

22  collected for the sale and issuance of each license or permit.

23  In addition, no later than July 1, 1997, a subagent fee for

24  the sale of licenses over the telephone by credit card shall

25  be established by competitive bid procedures which are

26  overseen by the Fish and Wildlife Conservation Commission. A

27  fee for electronic license sales may be established by

28  competitive-bid procedures that are overseen by the Fish and

29  Wildlife Conservation Commission.

30

31


                                  25

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (f)  A subagent shall submit payment for and report the

  2  sale of licenses and permits to the commission as prescribed

  3  by the commission.

  4         (g)  Subagents shall maintain records of all licenses

  5  and permits sold and all stamps issued, voided, stolen, or

  6  lost.  Subagents are responsible to the commission for the

  7  fees for all licenses and permits sold and for the value of

  8  all licenses and permits stamps reported as lost.  Subagents

  9  must report all stolen licenses and permits validation stamps

10  to the appropriate law enforcement agency.  The subagent shall

11  submit a written report and a copy of the law enforcement

12  agency's report to the commission within 5 days after

13  discovering the theft. The value of a lost validation stamp is

14  $5.

15         (h)  Subagents shall submit an activity report for

16  sales made during the reporting period on forms prescribed or

17  approved by the commission. Periodic audits may be performed

18  at the discretion of the commission.

19         (i)  By July 15 of each year, each subagent shall

20  submit to the commission all unissued stamps for the previous

21  year along with a written audit report, on forms prescribed or

22  approved by the commission, on the numbers of the unissued

23  stamps.

24         (3)  The Fish and Wildlife Conservation Commission or

25  any other law enforcement agency may carry out any

26  investigation necessary to secure information required to

27  carry out and enforce this section.

28         (4)(3)  All social security numbers that which are

29  provided pursuant to ss. 372.561 and 372.57 and are contained

30  in records of any subagent appointed under pursuant to this

31  section are confidential as provided in those sections.


                                  26

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         Section 7.  Section 372.66, Florida Statutes, is

  2  amended to read:

  3         372.66  License required for fur and hide dealers.--

  4         (1)  It is unlawful for any person to engage in the

  5  business of a dealer or buyer in alligator skins or green or

  6  dried furs in the state or purchase such skins within the

  7  state until such person has been licensed as herein provided.

  8         (2)  Any resident dealer or buyer who solicits business

  9  through the mails, or by advertising, or who travels to buy or

10  employs or has other agents or buyers, shall be deemed a

11  resident state dealer and must shall be required to pay a

12  license fee of $100 per annum and shall pay an agent's license

13  fee of $5 per annum for each agent or traveling buyer employed

14  by or buying for such licensed state dealer.

15         (3)  Any resident dealer or buyer who does not solicit

16  by mail, advertise, travel to buy or employ or have agents or

17  traveling buyers shall be deemed a resident local dealer and

18  shall be required to pay a license fee of $10 per annum.

19         (3)(4)  A nonresident dealer or buyer must shall be

20  required to pay a license fee of $500 per annum and shall pay

21  a license fee of $100 per annum for each agent, resident buyer

22  or traveling buyer employed by or buying for or acting as

23  agent for such nonresident buyer.

24         (5)  All agents' licenses shall be applied for by, and

25  issued to, a resident state dealer or nonresident dealer and

26  shall show name and residence of such agent and shall be in

27  possession of such agent at all times when engaged in buying

28  furs or hides. Application for such licenses shall be made to

29  the Fish and Wildlife Conservation Commission on blanks

30  furnished by it.

31


                                  27

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (4)(6)  All dealers and buyers shall forward to the

  2  Fish and Wildlife Conservation Commission each 2 weeks during

  3  open season a report showing number and kind of hides bought

  4  and name of trapper from whom bought and the trapper's license

  5  number, or if trapper is exempt from license under any of the

  6  provisions of this chapter, such report shall show the nature

  7  of such exemption.  A No common carrier may not shall

  8  knowingly ship or transport or receive for transportation any

  9  hides or furs unless such shipments have marked thereon name

10  of shipper and the number of her or his fur-animal license or

11  fur dealer's license.

12         Section 8.  Section 372.571, Florida Statutes, is

13  amended to read:

14         372.571  Expiration of licenses and permits.--Each

15  license or permit issued under this chapter must be dated when

16  issued. Each license or permit issued under this chapter

17  remains valid for 12 months after the date of issuance, except

18  for a lifetime license issued pursuant to s. 372.57 which is

19  valid from the date of issuance until the death of the

20  individual to whom the license is issued unless otherwise

21  revoked in accordance with s. 372.99, or a 5-year license

22  issued pursuant to s. 372.57 which is valid for 5 consecutive

23  years from the date of purchase unless otherwise revoked in

24  accordance with s. 372.99 or a license issued pursuant to s.

25  372.57(2)(b) or (j) (g), which is valid for the period

26  specified on the license or a license issued pursuant to s.

27  372.57(6)(b)2., which expires on May 30.  A resident lifetime

28  license or a resident 5-year license that has been purchased

29  by a resident of this state and who subsequently resides in

30  another state shall be honored for activities authorized by

31  that license.


                                  28

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         Section 9.  Subsection (1) of section 372.5712, Florida

  2  Statutes, is amended to read:

  3         372.5712  Florida waterfowl permit revenues.--

  4         (1)  The commission shall expend the revenues generated

  5  from the sale of the Florida waterfowl permit as provided in

  6  s. 372.57(6)(a) s. 372.57(4)(a) or that pro rata portion of

  7  any license that includes waterfowl hunting privileges, as

  8  provided in s. 372.57(2)(l) s. 372.57(2)(i) and (14)(b) as

  9  follows:  A maximum of 5 percent of the gross revenues shall

10  be expended for administrative costs; a maximum of 25 percent

11  of the gross revenues shall be expended for waterfowl research

12  approved by the commission; and a maximum of 70 percent of the

13  gross revenues shall be expended for projects approved by the

14  commission, in consultation with the Waterfowl Advisory

15  Council, for the purpose of protecting and propagating

16  migratory waterfowl and for the development, restoration,

17  maintenance, and preservation of wetlands within the state.

18         Section 10.  Subsection (1) of section 372.5715,

19  Florida Statutes, is amended to read:

20         372.5715  Florida wild turkey permit revenues.--

21         (1)  The commission shall expend the revenues generated

22  from the sale of the turkey permit as provided for in s.

23  372.57(6)(e) s. 372.57(4)(e) or that pro rata portion of any

24  license that includes turkey hunting privileges as provided

25  for in s. 372.57(2)(l) s. 372.57(2)(i) and (14)(b) for

26  research and management of wild turkeys.

27         Section 11.  Section 372.573, Florida Statutes, is

28  amended to read:

29         372.573  Management area permit revenues.--The

30  commission shall expend the revenue generated from the sale of

31  the management area permit as provided for in s. 372.57(6)(b)


                                  29

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  s. 372.57(4)(b) or that pro rata portion of any license that

  2  includes management area privileges as provided for in s.

  3  372.57(2)(l) s. 372.57(2)(i) and (14)(b) for the lease,

  4  management, and protection of lands for public hunting,

  5  fishing, and other outdoor recreation.

  6         Section 12.  Section 372.579, Florida Statutes, is

  7  created to read:

  8         372.579  Processing applications for licenses and

  9  permits.--The commission may by rule adopt a processing fee,

10  not to exceed $100, for each license or permit required by

11  chapter 39, Florida Administrative Code. The commission shall

12  annually report actions taken under this section to the

13  President of the Senate and the Speaker of the House of

14  Representatives.

15         Section 13.  Section 372.661, Florida Statutes, is

16  amended to read:

17         372.661  Private hunting preserve, license;

18  exception.--

19         (1)  Any person who operates a private hunting preserve

20  commercially or otherwise shall be required to pay a license

21  fee of $50 $25 for each such preserve; provided, however, that

22  during the open season established for wild game of any

23  species, a private individual may take artificially propagated

24  game of such species up to the bag limit prescribed for the

25  particular species without being required to pay the license

26  fee required by this section, but; provided further that if

27  any such individual charges shall charge a fee for taking such

28  game, she or he must shall be required to pay the license fee

29  required by this section and must to comply with the rules and

30  regulations of the Fish and Wildlife Conservation Commission

31  relative to the operation of private hunting preserves.


                                  30

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (2)  A commercial hunting preserve license, which

  2  exempts shall exempt patrons of licensed preserves from the

  3  licensure requirements of s. 372.57(2), (d), (f), (h), (i),

  4  (j), and (l), s. 372.57(2)(e), (f), (g), and (i), (4)(a), (c),

  5  (d), and (e), (7), (9), and (14)(b) while hunting on the

  6  licensed preserve property, shall be $500. Such a commercial

  7  hunting preserve license is shall be available only to those

  8  private hunting preserves licensed under pursuant to this

  9  section which are operated exclusively for commercial

10  purposes, which are open to the public, and for which a

11  uniform fee is charged to patrons for hunting privileges.

12         Section 14.  Section 372.83, Florida Statutes, is

13  amended to read:

14         372.83  Noncriminal infractions; criminal penalties;

15  suspension and revocation of licenses and permits.--

16         (1)  A person is guilty of a noncriminal infraction,

17  punishable as provided in s. 372.711, if she or he violates

18  any of the following provisions:

19         (a)  Rules, regulations, or orders relating to the

20  filing of reports or other documents required of persons who

21  are licensed or who hold permits issued by the commission.

22         (b)  Rules, regulations, or orders relating to fish

23  management areas.

24         (c)  Rules, regulations, or orders relating to quota

25  hunt permits, daily use permits, hunting zone assignments,

26  camping restrictions, the use of alcoholic beverages, vehicle

27  use, and check station requirements within wildlife management

28  areas or other areas managed by the commission.

29         (d)  Rules, regulations, or orders requiring permits

30  free of charge to possess captive wildlife for personal use.

31


                                  31

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (e)  Rules, regulations, or orders establishing size or

  2  slot limits for freshwater game fish.

  3         (f)  Rules, regulations, or orders regulating vessel

  4  size or specifying motor restrictions on specified water

  5  bodies.

  6         (g)  Rules, regulations, or orders relating to the

  7  registration of off-road vehicles and airboats operated on

  8  state lands.

  9         (h)  Section 372.57, relating to hunting, fishing, and

10  trapping licenses.

11         (i)  Section 372.988, relating to required clothing for

12  persons hunting deer.

13         (j)  Section 372.57(6)(g), relating to snook permits,

14  or s. 372.57(6)(h), relating to crawfish permits.

15

16  A person who fails to pay the civil penalty specified in s.

17  372.711 within 30 days after being cited for a noncriminal

18  infraction or to appear before the court pursuant to that

19  section is guilty of a misdemeanor of the second degree,

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

21         (2)  A person is guilty of a misdemeanor of the second

22  degree, punishable as provided in s. 775.082 or s. 775.083, if

23  she or he violates any of the following rules, regulations, or

24  orders of the commission:

25         (a)  Rules, regulations, or orders that specify season

26  or time periods for the taking of freshwater fish or wildlife.

27         (b)  Rules, regulations, or orders that specify bag

28  limits or restrict methods of taking freshwater fish or

29  wildlife.

30

31


                                  32

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (c)  Rules, regulations, or orders that relate to the

  2  sale, possession for sale, purchase, transfer, transportation,

  3  or importation of freshwater fish or wildlife.

  4         (d)  Rules, regulations, or orders that prohibit public

  5  access for specified periods to wildlife management areas or

  6  other areas managed by the commission.

  7         (e)  Rules, regulations, or orders that require a

  8  person to pay a fee to obtain a permit to possess captive

  9  wildlife or that require the maintenance of records relating

10  to captive wildlife.

11         (f)  All other rules, regulations, and orders of the

12  commission, except those specified in subsection (1).

13         (3)  It is unlawful for any person to make, forge,

14  counterfeit, or reproduce a freshwater fishing, hunting, or

15  saltwater fishing license unless authorized by the commission.

16  It is unlawful for any person to knowingly have in his or her

17  possession a forgery, counterfeit, or imitation of such a

18  license unless possession by the person has been fully

19  authorized by the commission. A person who violates this

20  subsection commits a felony of the third degree, punishable as

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

22         (4)(3)  Unless otherwise provided in this chapter, a

23  person who violates any provision of this chapter is guilty,

24  for the first offense, of a misdemeanor of the second degree,

25  punishable as provided in s. 775.082 or s. 775.083, and is

26  guilty, for the second offense or any subsequent offense, of a

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

28  775.082 or s. 775.083.

29         (5)(4)  The court may order the suspension or

30  revocation of any license or permit issued to a person

31  pursuant to this chapter, if that person commits a criminal


                                  33

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  offense specified in this chapter or a noncriminal infraction

  2  specified in this section.

  3         Section 15.  Subsections (7) and (15) of section

  4  328.72, Florida Statutes, are amended to read:

  5         328.72  Classification; registration; fees and charges;

  6  surcharge; disposition of fees; fines; marine turtle

  7  stickers.--

  8         (7)  SERVICE FEE.--In addition to other registration

  9  fees, the vessel owner shall pay the tax collector a $2.25

10  service fee for each registration issued, replaced, or

11  renewed.  All fees collected by a tax collector, other than

12  the service charge and the county portion of the registration

13  certificate fee collected pursuant to subsection (1),

14  collected by a tax collector must be remitted to the

15  department not later than 7 working days following the last

16  day of the week in which the money was collected remitted.

17  Vessels may travel in salt water or fresh water.

18         (15)  DISTRIBUTION OF FEES.--The county portion of the

19  registration certificate fee collected Moneys deposited

20  pursuant to subsection (1) is to be used s. 328.76 to be

21  returned to the counties are for the sole purposes of

22  providing recreational channel marking and public launching

23  facilities and other boating-related activities, for removal

24  of vessels and floating structures deemed a hazard to public

25  safety and health for failure to comply with s. 327.53, and

26  for manatee and marine mammal protection and recovery. The

27  county portion of the vessel registration certificate fee

28  collected by the Fast Title Section of the Bureau of Titles

29  and Registrations of the Department of Highway Safety and

30  Motor Vehicles must be returned to the vessel owner's county

31  of residence. The department shall ascertain, as a guideline


                                  34

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  in determining the amounts of distributions each county may

  2  receive, the number of noncommercial vessels registered in the

  3  county during the preceding fiscal year according to the fee

  4  schedule provided in subsection (1) and shall promulgate rules

  5  to effectuate this.  Each fiscal year, prior to determination

  6  of distributions to the counties under this section, an amount

  7  equal to $1 for each vessel registered in this state shall be

  8  transferred to the Save the Manatee Trust Fund for manatee and

  9  marine mammal research, protection, and recovery.

10         Section 16.  Subsection (1) of section 328.76, Florida

11  Statutes, is amended to read:

12         328.76  Marine Resources Conservation Trust Fund;

13  vessel registration funds; appropriation and distribution.--

14         (1)  Except as otherwise specified in this chapter and

15  less any administrative costs, all funds collected from the

16  registration of vessels through the Department of Highway

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

18  shall be deposited in the Marine Resources Conservation Trust

19  Fund for recreational channel marking; public launching

20  facilities; law enforcement and quality control programs;

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

22  rehabilitation, and release; and marine mammal protection and

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

24  be transferred as follows:

25         (a)  In each fiscal year, an amount equal to $1 for

26  each vessel registered in this state shall be transferred to

27  the Save the Manatee Trust Fund for manatee and marine mammal

28  research, protection, and recovery in accordance with the

29  provisions of s. 370.12(4)(a).

30         (b)  In addition, in each fiscal year, an amount equal

31  to 50 cents for each vessel registered in this state shall be


                                  35

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  transferred to the Save the Manatee Trust Fund in accordance

  2  with the provisions of s. 370.12(4)(b) for use by those

  3  facilities approved to rescue, rehabilitate, and release

  4  manatees as authorized pursuant to the Fish and Wildlife

  5  Service of the United States Department of the Interior.

  6         (c)  Two dollars from each noncommercial vessel

  7  registration fee, except that for class A-1 vessels, shall be

  8  transferred to the Invasive Plant Control Trust Fund for

  9  aquatic weed research and control.

10         (d)  Forty percent of the registration fees from

11  commercial vessels shall be used for law enforcement and

12  quality control programs.

13         (e)  Forty percent of the registration fees from

14  commercial vessels shall be transferred to the Invasive Plant

15  Control Trust Fund for aquatic plant research and control.

16         Section 17.  Subsection (3) of section 370.06, Florida

17  Statutes, is amended to read:

18         370.06  Licenses.--

19         (3)  NET LICENSES.--Except for cast nets and bait

20  seines which are 100 feet in length or less and which have a

21  mesh that is  3/8  inch or less, all nets used to take

22  finfish, including, but not limited to, gill nets, trammel

23  nets, and beach seines, must be licensed or registered. Each

24  net used to take finfish for commercial purposes, or by a

25  nonresident, must be licensed under a saltwater products

26  license issued pursuant to subsection (2) and must bear the

27  number of such license.  A noncommercial resident net

28  registration must be issued to each net used to take finfish

29  for noncommercial purposes and may only be issued to residents

30  of the state. Each net so registered must bear the name of the

31  person in whose name the net is registered.


                                  36

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         Section 18.  Section 372.5702, Florida Statutes, is

  2  created to read:

  3         372.5702  Fish and Wildlife Conservation Commission

  4  license program for tarpon; fees; penalties.--

  5         (1)  The Fish and Wildlife Conservation Commission

  6  shall establish a license program for the purpose of issuing

  7  tags to individuals desiring to harvest tarpon (megalops

  8  atlantica) from the waters of the State of Florida. The tags

  9  shall be nontransferable, except that the commission may allow

10  for a limited number of tags to be purchased by professional

11  fishing guides for transfer to individuals, and issued by the

12  commission in order of receipt of a properly completed

13  application for a nonrefundable fee of $50 per tag.  The

14  commission and any tax collector may sell the tags and collect

15  the fees therefor.  Tarpon tags are valid from July 1 through

16  June 30.  Before August 15 of each year, each tax collector

17  shall submit to the commission all unissued tags for the

18  previous calendar year along with a written audit report, on

19  forms prescribed or approved by the commission, as to the

20  numbers of the unissued tags.  To defray the cost of issuing

21  any tag, the issuing tax collector shall collect and retain as

22  his or her costs, in addition to the tag fee collected, the

23  amount allowed under s. 372.561(4) for the issuance of

24  licenses.

25         (2)  The number of tags to be issued shall be

26  determined by rule of the commission. The commission shall in

27  no way allow the issuance of tarpon tags to adversely affect

28  the tarpon population.

29         (3)  Proceeds from the sale of tarpon tags shall be

30  deposited in the Marine Resources Conservation Trust Fund and

31


                                  37

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  shall be used to gather information directly applicable to

  2  tarpon management.

  3         (4)  No individual shall take, kill, or possess any

  4  fish of the species megalops atlantica, commonly known as

  5  tarpon, unless such individual has purchased a tarpon tag and

  6  securely attached it through the lower jaw of the fish. Said

  7  individual shall within 5 days after the landing of the fish

  8  submit a form to the commission which indicates the length,

  9  weight, and physical condition of the tarpon when caught; the

10  date and location of where the fish was caught; and any other

11  pertinent information which may be required by the commission.

12  The commission may refuse to issue new tags to individuals or

13  guides who fail to provide the required information.

14         (5)  Any individual including a taxidermist who

15  possesses a tarpon which does not have a tag securely attached

16  as required by this section shall be subject to penalties as

17  prescribed in s. 370.021. Provided, however, a taxidermist may

18  remove the tag during the process of mounting a tarpon. The

19  removed tag shall remain with the fish during any subsequent

20  storage or shipment.

21         (6)  Purchase of a tarpon tag shall not accord the

22  purchaser any right to harvest or possess tarpon in

23  contravention of rules adopted by the commission. No

24  individual may sell, offer for sale, barter, exchange for

25  merchandise, transport for sale, either within or without the

26  state, offer to purchase, or purchase any species of fish

27  known as tarpon.

28         (7)  The commission shall prescribe and provide

29  suitable forms and tags necessary to carry out the provisions

30  of this section.

31


                                  38

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1         (8)  The provisions of this section shall not apply to

  2  anyone who immediately returns a tarpon uninjured to the water

  3  at the place where the fish was caught.

  4         Section 19.  Section 372.87, Florida Statutes, is

  5  amended to read:

  6         372.87  License fee; renewal, revocation.--The Fish and

  7  Wildlife Conservation Commission is hereby authorized and

  8  empowered to issue a license or permit for the keeping,

  9  possessing, or exhibiting of poisonous or venomous reptiles,

10  upon payment of an annual fee of $25 $5 and upon assurance

11  that all of the provisions of ss. 372.86-372.91 and such other

12  reasonable rules and regulations as said commission may

13  prescribe will be fully complied with in all respects.  Such

14  permit may be revoked by the Fish and Wildlife Conservation

15  Commission upon violation of any of the provisions of ss.

16  372.86-372.91 or upon violation of any of the rules and

17  regulations prescribed by said commission relating to the

18  keeping, possessing, and exhibiting of any poisonous and

19  venomous reptiles. Such permits or licenses shall be for an

20  annual period to be prescribed by the said commission and

21  shall be renewable from year to year upon the payment of said

22  $25 $5 fee and shall be subject to the same conditions,

23  limitations, and restrictions as herein set forth.

24         Section 20.  Subsections (1), (2), and (4) of section

25  372.921, Florida Statutes, are amended to read:

26         372.921  Exhibition of wildlife.--

27         (1)  In order to provide humane treatment and sanitary

28  surroundings for wild animals kept in captivity, no person,

29  firm, corporation, or association shall have, or be in

30  possession of, in captivity for the purpose of public display

31  with or without charge or for public sale any wildlife,


                                  39

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  specifically birds, mammals, amphibians, and reptiles, whether

  2  indigenous to Florida or not, without having first secured a

  3  permit from the Fish and Wildlife Conservation Commission

  4  authorizing such person, firm, or corporation to have in its

  5  possession in captivity the species and number of wildlife

  6  specified within such permit; however, this section does not

  7  apply to any wildlife not protected by law and the regulations

  8  of the Fish and Wildlife Conservation Commission.

  9         (2)  The fees to be paid for the issuance of permits

10  required by subsection (1) shall be as follows:

11         (a)  For not more than 25 Class I or Class II 10

12  individual specimens in the aggregate of all species, the sum

13  of $100 $5 per annum.

14         (b)  For over 25 Class I or Class II 10 individual

15  specimens in the aggregate of all species, the sum of $250 $25

16  per annum.

17         (c)  For any number of Class III individual specimens

18  in the aggregate of all species, the sum of $25 per annum.

19

20  The fees prescribed by this section shall be submitted to the

21  Fish and Wildlife Conservation Commission with the application

22  for permit required by subsection (1) and shall be deposited

23  in the State Game Fund.

24         (4)  Permits issued pursuant to this section and places

25  where wildlife is kept or held in captivity shall be subject

26  to inspection by officers of the Fish and Wildlife

27  Conservation Commission at all times.  The commission shall

28  have the power to release or confiscate any specimens of any

29  wildlife, specifically birds, mammals, amphibians, or

30  reptiles, whether indigenous to the state or not, when it is

31  found that conditions under which they are being confined are


                                  40

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  unsanitary, or unsafe to the public in any manner, or that the

  2  species of wildlife are being maltreated, mistreated, or

  3  neglected or kept in any manner contrary to the provisions of

  4  chapter 828, any such permit to the contrary notwithstanding.

  5  Before any such wildlife is confiscated or released under the

  6  authority of this section, the owner thereof shall have been

  7  advised in writing of the existence of such unsatisfactory

  8  conditions; the owner shall have been given 30 days in which

  9  to correct such conditions; the owner shall have failed to

10  correct such conditions; the owner shall have had an

11  opportunity for a proceeding pursuant to chapter 120; and the

12  commission shall have ordered such confiscation or release

13  after careful consideration of all evidence in the particular

14  case in question.  The final order of the commission shall

15  constitute final agency action.

16         Section 21.  Subsections (2) and (3) of section

17  372.922, Florida Statutes, are amended to read:

18         372.922  Personal possession of wildlife.--

19         (2)  The classifications of types of wildlife and fees

20  to be paid for the issuance of permits shall be as follows:

21         (a)  Class I--Wildlife which, because of its nature,

22  habits, or status, shall not be possessed as a personal pet.

23         (b)  Class II--Wildlife considered to present a real or

24  potential threat to human safety, the sum of $100 per annum.

25         (c)  Class III--Wildlife specified by rule of the

26  commission, the sum of $25 per annum.

27         (3)  The commission shall adopt rules promulgate

28  regulations defining Class I, Class and II, and Class III

29  types of wildlife.  The commission shall also establish

30  regulations and requirements necessary to ensure that permits

31  are granted only to persons qualified to possess and care


                                  41

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 386                           First Engrossed



  1  properly for wildlife and that permitted wildlife possessed as

  2  personal pets will be maintained in sanitary surroundings and

  3  appropriate neighborhoods.

  4         Section 22.  Sections 370.0605, 370.0615, 370.0608,

  5  370.062, and 370.1111, Florida Statutes, and subsection (10)

  6  and (11) of section 370.14, Florida Statutes, are repealed.

  7         Section 23.  This act shall take effect July 1, 2000.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  42