Senate Bill 0386e1
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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. 372.16, 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
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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;
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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 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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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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
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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.
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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
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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.
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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)
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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,
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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
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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
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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.
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