Senate Bill 0386er

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  1

  2         An act relating to the responsibilities of the

  3         Fish and Wildlife Conservation Commission;

  4         amending s. 320.08058, F.S.; clarifying

  5         purposes for which manatee license plate fees

  6         are used; amending s. 327.02, F.S.; revising

  7         definitions; amending s. 327.04, F.S., relating

  8         to rules; amending s. 327.22, F.S., relating to

  9         the regulation of vessels by municipalities or

10         counties; creating s. 327.302, F.S.; providing

11         for boating accident report forms; amending s.

12         327.33, F.S.; revising provisions relating to

13         reckless or careless operation of a vessel;

14         providing penalties; renumbering and amending

15         s. 861.065, F.S.; revising divers-down flag

16         requirements; revising requirements for

17         operation of vessels in the vicinity of a

18         divers-down flag; providing penalties; amending

19         s. 327.331, F.S.; providing for noncriminal

20         infractions, effective October 1, 2001;

21         amending s. 327.355, F.S., relating to

22         operation of vessels by persons under 21 years

23         of age who have consumed alcoholic beverages;

24         amending s. 327.36, F.S., relating to mandatory

25         adjudication of certain offenses; amending s.

26         327.37, F.S.; requiring persons engaging in

27         water skiing, parasailing, or aquaplaning to

28         wear a noninflatable flotation device; amending

29         s. 327.39, F.S., relating to the regulation of

30         personal watercraft; requiring the use of

31         noninflatable flotation devices; prohibiting


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  1         the lease, hiring, or rental of personal

  2         watercraft under certain circumstances;

  3         providing a penalty; providing commission

  4         rulemaking authority; amending s. 327.395,

  5         F.S., relating to boating safety identification

  6         cards; requiring that certain boater education

  7         or boater safety courses include a component

  8         relating to divers; amending s. 327.40, F.S.;

  9         clarifying requirements for uniform waterway

10         markers for safety and navigation; providing

11         permit exemptions; providing commission

12         rulemaking authority; amending s. 327.41, F.S.;

13         clarifying requirements for uniform waterway

14         regulatory markers; amending s. 327.46, F.S.;

15         clarifying rulemaking authority for the

16         commission to establish restricted areas for

17         public safety purposes; creating s. 327.49,

18         F.S.; providing for the testing of vessels and

19         vessel motors; amending s. 327.53, F.S.;

20         relating to marine sanitation; amending s.

21         327.54, F.S., relating to liveries; revising

22         requirements for preride or prerental

23         instruction; revising age requirements for the

24         lease, hire, or rental of personal watercraft;

25         requiring liveries to carry liability

26         insurance; providing a penalty; amending s.

27         327.60, F.S.; prohibiting local regulations

28         from discriminating against personal

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

30         increasing time for payment of civil penalties;

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


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  1         noncriminal infractions; reenacting s.

  2         327.73(1)(p), F.S., for the purpose of

  3         incorporating the amendment to s. 327.39, F.S.;

  4         providing additional time for payment of civil

  5         penalties; providing additional penalties;

  6         providing for additional court costs in certain

  7         circumstances; authorizing public works or

  8         community service in certain circumstances;

  9         amending s. 327.73, F.S.; effective October 1,

10         2001; relating to noncriminal infractions for

11         violations of vessel laws; amending s. 327.731,

12         F.S., relating to mandatory education for

13         violators; correcting a cross reference;

14         amending s. 327.803, F.S.; providing for an

15         increase in membership of the Boating Advisory

16         Council; modifying purpose; amending s. 328.48,

17         F.S.; clarifying vessel registration

18         requirements; amending s. 328.56, F.S.;

19         clarifying vessel registration number

20         requirements; amending s. 328.66, F.S.;

21         relating to county vessel registration fees;

22         amending s. 328.70, F.S.; providing

23         requirements for classification of recreational

24         vessels and livery vessels; amending s. 328.72,

25         F.S.; relating to vessel registration;

26         providing requirements for display of antique

27         vessel registration numbers and decals;

28         amending s. 328.72, F.S., providing for the

29         distribution of vessel registration fees

30         effective July 1, 2001; amending s. 328.76,

31         F.S.; clarifying the use of vessel registration


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  1         fees; effective July 1, 2001, amending 370.06,

  2         F.S., relating to saltwater products license

  3         requirements; clarifying disability exemptions;

  4         deleting obsolete provisions; amending s.

  5         370.0605, F.S., providing for combination

  6         licenses; providing for a fee for electronic

  7         license sales; amending s. 372.57, F.S.;

  8         providing for combination licenses; amending s.

  9         372.561, F.S.; providing that licenses and

10         permits for hunting, saltwater fishing, and

11         freshwater fishing must be issued, without fee,

12         to certain disabled persons; amending s.

13         372.574, F.S.; providing for a fee for

14         electronic license sales; providing for the

15         replacement of a lost or destroyed license or

16         permit; providing a fee; amending s. 372.66,

17         F.S.; deleting the nonresident fur dealer agent

18         license, the resident fur dealer agent license,

19         and the resident local fur dealer license;

20         amending s. 372.83, F.S.; providing that it is

21         unlawful to make, forge, or counterfeit any

22         hunting or fishing license; providing

23         penalties; amending s. 713.78, F.S.; revising

24         definition; repealing s. 258.398, F.S.,

25         removing designation of Lake Weir as an aquatic

26         preserve; providing effective dates; repealing

27         s. 370.14(10), (11), F.S., relating to

28         saltwater fishing licenses; providing effective

29         dates.

30

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


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  1         Section 1.  Paragraph (b) of subsection (1) of section

  2  320.08058, Florida Statutes, is amended to read:

  3         320.08058  Specialty license plates.--

  4         (1)  MANATEE LICENSE PLATES.--

  5         (b)  The manatee license plate annual use fee must be

  6  deposited into the Save the Manatee Trust Fund, created within

  7  the Fish and Wildlife Conservation Commission, and shall be

  8  used only for the purposes specified in s. 370.12(4).  The

  9  funds deposited in the Save the Manatee Trust Fund may be used

10  only for manatee-related environmental education; manatee

11  research; facilities, as provided in s. 370.12(4)(b); and

12  manatee protection and recovery.

13         Section 2.  Section 327.02, Florida Statutes, is

14  amended to read:

15         327.02  Definitions of terms used in this chapter and

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

17  unless the context clearly requires a different meaning, the

18  term:

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

20  United States.

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

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

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

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

25  disappearance of any person from on board under circumstances

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

27  damage to any vessel or dock.

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

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

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

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


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

  2  States Coast Guard.

  3         (4)  "Commercial vessel" means:

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

  5  landing of saltwater fish or saltwater products or freshwater

  6  fish or freshwater products, or any vessel licensed pursuant

  7  to s. 370.06 from which commercial quantities of saltwater

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

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

10  wholesale dealer.

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

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

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

14  owner, operator, or custodian of the vessel.

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

16  Conservation Commission.

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

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

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

20  certificate of registration issued by the Department of

21  Revenue and a valid commercial or occupational license

22  required by any county, municipality, or political subdivision

23  of the state in which the person operates.

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

25  of the Fish and Wildlife Conservation Commission.

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

27  valid certificate of documentation is outstanding pursuant to

28  46 C.F.R. part 67.

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

30  or without accommodations built thereon, which is not

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


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  1  serves purposes or provides services typically associated with

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

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

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

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

  6  clubhouse, meeting facility, storage or parking facility,

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

  8  entity represented as such. Floating structures are expressly

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

10  this section. Incidental movement upon water or resting

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

12  itself, preclude an entity from classification as a floating

13  structure.

14         (10)  "Florida Intracoastal Waterway" means the

15  Atlantic Intracoastal Waterway, the Georgia state line north

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

17  the Atlantic Intracoastal Waterway; the Atlantic Intracoastal

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

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

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

21  Gulf Intracoastal Waterway, Carrabelle to Tampa Bay;

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

23  the Gulf Intracoastal Waterway, Carrabelle to the Alabama

24  state line west of Pensacola; and the Apalachicola,

25  Chattahoochee, and Flint Rivers in Florida.

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

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

28  number is not required to be assigned by the manufacturer

29  pursuant to federal law, or any vessel constructed or

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

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


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

  2  constructed from an unfinished manufactured hull shall be

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

  4  required to have a hull identification number assigned by the

  5  United States Coast Guard. A rebuilt or reconstructed vessel

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

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

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

  9  30-day period, in a county of this state, and this residential

10  use of the vessel is to the preclusion of the use of the

11  vessel as a means of transportation.

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

13  over the deck parallel to the centerline excluding sheer.

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

15  reserved or created by a written agreement recorded with the

16  Department of Highway Safety and Motor Vehicles pursuant to s.

17  328.15 which secures payment or performance of an obligation

18  and is generally valid against third parties.

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

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

21  Department of Highway Safety and Motor Vehicles pursuant to s.

22  328.15..

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

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

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

26  professional or other commercial enterprise, or a legal

27  residence.

28

29  A commercial fishing boat is expressly excluded from the term

30  "live-aboard vessel."

31


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

  2  or chartered to another for consideration.

  3         (18)(17)  "Manufactured vessel" means any vessel built

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

  5  identification number is required pursuant to federal law, or

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

  7  by a duly licensed manufacturer.

  8         (19)(18)  "Marina" means a licensed commercial facility

  9  which provides secured public moorings or dry storage for

10  vessels on a leased basis. A commercial establishment

11  authorized by a licensed vessel manufacturer as a dealership

12  shall be considered a marina for nonjudicial sale purposes.

13         (20)(19)  "Marine sanitation device" means any

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

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

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

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

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

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

20  navigation, information or regulatory mark, isolated danger

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

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

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

24  sign, beacon, buoy, or light.

25         (22)(20)  "Motorboat" means any vessel equipped with

26  machinery for propulsion, irrespective of whether the

27  propulsion machinery is in actual operation which is propelled

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

29  used as a means of transportation on water.

30         (23)(21)  "Navigation rules" means the International

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


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

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

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

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

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

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

  7  waters not outside of such lines of demarcation.

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

  9  than a commercial vessel as defined in this section.

10         (24)(23)  "Nonresident" means a citizen of the United

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

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

13  county for the 6 months immediately preceding the initiation

14  of a vessel titling or registration action.

15         (25)(24)  "Operate" means to be in charge of or in

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

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

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

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

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

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

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

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

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

25  to s. 327.35.

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

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

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

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

30  created by agreement and securing payment of performance of an

31


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

  2  intended as security.

  3         (27)(26)  "Person" means an individual, partnership,

  4  firm, corporation, association, or other entity.

  5         (28)(27)  "Personal watercraft" means a small class A-1

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

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

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

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

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

11  manner of sitting or standing inside the vessel.

12         (29)(28)  "Portable toilet" means a device consisting

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

14  is specifically designed to receive, retain, and discharge

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

16  by hand.

17         (30)(29)  "Prohibited activity" means such activity as

18  will impede or disturb navigation or creates a safety hazard

19  on waterways of this state.

20         (31)(30)  "Racing shell," "rowing scull," or "racing

21  kayak" means a manually propelled vessel which is recognized

22  by national or international racing associations for use in

23  competitive racing and in which all occupants, with the

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

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

26  any equipment not solely for competitive racing.

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

28         (a)  Manufactured and used primarily for noncommercial

29  purposes; or

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

31  person's noncommercial use.


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  1         (33)(31)  "Registration" means a state operating

  2  license on a vessel which is issued with an identifying

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

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

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

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

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

  8  327.40, and includes, but is not limited to, a bathing beach

  9  marker, speed zone marker, information marker, restricted zone

10  marker, congested area marker, or warning marker.

11         (34)(33)  "Resident" means a citizen of the United

12  States who has established residence in this state and has

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

14  county for the 6 months immediately preceding the initiation

15  of a vessel titling or registration action.

16         (35)(34)  "Sailboat" means any vessel whose sole source

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

18         (36)(35)  "Unclaimed vessel" means any undocumented

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

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

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

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

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

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

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

26         (37)(36)  "Vessel" is synonymous with boat as

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

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

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

30  used as a means of transportation on water.

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  1         (38)(37)  "Waters of this state" means any navigable

  2  waters of the United States within the territorial limits of

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

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

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

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

  7         Section 3.  Section 327.04, Florida Statutes, is

  8  amended to read:

  9         327.04  Rules.--The commission department has authority

10  to adopt rules pursuant to ss. 120.536(1) and 120.54 to

11  implement the provisions of this chapter conferring powers or

12  duties upon it.

13         Section 4.  Subsection (1) of section 327.22, Florida

14  Statutes, is amended to read:

15         327.22  Regulation of vessels by municipalities or

16  counties.--

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

18  prohibit any municipality or county that expends money for the

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

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

21  municipality or county, from regulating vessels resident in

22  such municipality or county. Any county or municipality may

23  adopt ordinances which provide for enforcement of noncriminal

24  violations of restricted areas s. 327.33 relating to the

25  careless operation of a vessel which results in the

26  endangering or damaging of property, by citation mailed to

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

28  only in legally established designated restricted areas which

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

30  327.41 and in need of shoreline protection.  Any county and

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  1  the municipalities located within the county may jointly

  2  regulate vessels.

  3         Section 5.  Effective October 1, 2000, section 327.302,

  4  Florida Statutes, is created to read:

  5         327.302  Accident report forms.--

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

  7  supply to police departments, sheriffs, and other appropriate

  8  agencies or individuals forms for accident reports as required

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

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

11  must call for sufficiently detailed information to disclose,

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

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

14  vessels involved. Accident report forms may call for the

15  policy numbers of liability insurance and the names of

16  carriers covering any vessel involved in an accident required

17  to be reported under this chapter.

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

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

20  commission and must contain all the information required

21  therein unless not available. Notwithstanding any other

22  provisions of this section, an accident report produce

23  electronically by a law enforcement officer must, at a

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

25  forms approved by the commission.

26         Section 6.  Effective October 1, 2000, subsections (1)

27  and (2) of section 327.33, Florida Statutes, are amended to

28  read:

29         327.33  Reckless or careless operation of vessel.--

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

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


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

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

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

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

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

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

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

  8  provision of this subsection commits is guilty of a

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

10  775.082 or s. 775.083.

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

12  this state shall operate the vessel in a reasonable and

13  prudent manner, having regard for other waterborne traffic,

14  posted speed and wake restrictions, the presence of a

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

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

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

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

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

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

21  in this subsection constitutes careless operation. However,

22  vessel wake and shoreline wash resulting from the reasonable

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

24  not constitute damage or endangerment to property. Any person

25  who violates the provisions of this subsection commits is

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

27         Section 7.  Effective October 1, 2000, section 861.065,

28  Florida Statutes, is renumbered as section 327.331, Florida

29  Statutes, and amended to read:

30

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  1         327.331 861.065  Divers; definitions; divers-down flag

  2  required; obstruction to navigation of certain waters;

  3  penalty.--

  4         (1)  As used in this section:

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

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

  7  with a face mask and snorkel or underwater breathing

  8  apparatus.

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

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

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

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

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

14  the surface of the water.

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

16  meets the following specifications: is either square or

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

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

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

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

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

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

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

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

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

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

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

28  extended in the absence of a wind or breeze.

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

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

31


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

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

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

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

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

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

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

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

  9  other location which provides that the visibility of the

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

11         (2)(4)  All divers must shall prominently display a

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

13  than when diving in an area customarily used for swimming

14  only.

15         (3)(5)  No diver or group of divers shall display one

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

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

18  unreasonably constitute a navigational hazard.

19         (4)(6)  Divers shall make reasonable efforts to stay

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

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

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

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

24  flag.

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

26  300 feet of the divers-down flag on all waters other than

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

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

29  channel must make a reasonable effort to maintain a distance

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

31


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

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

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

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

  5  navigation channel, must proceed no faster than is necessary

  6  to maintain headway and steerageway.

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

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

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

10  more divers in the water.

11         (8)(7)  Any willful violation of this section shall be

12  a misdemeanor of the second degree punishable as provided by

13  s. 775.082 or s. 775.083.

14         Section 8.  Effective October 1, 2001, subsection (8)

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

16  is amended to read:

17         327.331  Divers; definitions; divers-down flag

18  required; obstruction to navigation of certain waters;

19  penalty.--

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

21  violation of this section shall be a noncriminal infraction

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

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

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

25  327.355, Florida Statutes, is amended to read:

26         327.355  Operation of vessels by persons under 21 years

27  of age who have consumed alcoholic beverages.--

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

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

30  0.02 percent or higher to operate or be in actual physical

31  control of a vessel.


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

  2  327.36, Florida Statutes, is amended to read:

  3         327.36  Mandatory adjudication; prohibition against

  4  accepting plea to lesser included offense.--

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

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

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

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

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

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

11  level blood or breath alcohol content by weight of 0.16

12  percent or more.

13         Section 11.  Effective October 1, 2000, paragraphs (a)

14  and (b) of subsection (2) of section 327.37, Florida Statutes,

15  are amended to read:

16         327.37  Water skis, parasails, and aquaplanes

17  regulated.--

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

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

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

21  hour before sunrise.

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

23  parasailing, aquaplaning, or any similar activity unless such

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

25  or noninflatable type V personal flotation device approved by

26  the United States Coast Guard.

27         Section 12.  Effective October 1, 2000, subsections

28  (1), (4), (5), and (6) of section 327.39, Florida Statutes,

29  are amended to read:

30         327.39  Personal watercraft regulated.--

31


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

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

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

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

  5  the United States Coast Guard.

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

  7  operated in a reasonable and prudent manner.  Maneuvers which

  8  unreasonably or unnecessarily endanger life, limb, or

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

10  congested vessel traffic, jumping the wake of another vessel

11  unreasonably or unnecessarily close to such other vessel or

12  when visibility around such other vessel is obstructed, and

13  swerving at the last possible moment to avoid collision shall

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

15  327.33(1). Any person operating a personal watercraft must

16  comply with the provisions of s. 327.33.

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

18  personal watercraft on the waters of this state.

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

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

21  personal watercraft to authorize or knowingly permit the same

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

23  of this section.

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

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

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

27  watercraft, to authorize or knowingly permit the watercraft to

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

29  the safe handling of personal watercraft, in compliance with

30  rules established by the commission.

31


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  1         2.  Any person receiving instruction in the safe

  2  handling of personal watercraft pursuant to a program

  3  established by rule of the commission must provide the owner

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

  5  hired, or rented personal watercraft with a written statement

  6  attesting to the same.

  7         3.  The commission shall have the authority to

  8  establish rules pursuant to chapter 120 prescribing the

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

10  nature and operational characteristics of personal watercraft

11  and general principles and regulations pertaining to boating

12  safety.

13         (c)  Any person who violates this subsection commits

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

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

16         Section 13.  Effective October 1, 2000, subsections (3)

17  through (10) of section 327.395, Florida Statutes, are

18  renumbered as subsections (4) through (11), respectively, and

19  a new subsection (3) is added to said section, to read:

20         327.395  Boating safety identification cards.--

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

22  safety course, course-equivalency examination developed or

23  approved by the commission, or temporary certificate

24  examination developed or approved by the commission must

25  include a component regarding diving vessels, awareness of

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

27  of s. 327.331.

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

29  Florida Statutes, are amended to read:

30         327.40  Uniform waterway markers for safety and

31  navigation.--


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

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

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

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

  5  obstruction markers conforming to the Uniform State Waterway

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

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

  8  the United States. Uniform Safety and Navigation System

  9  adopted by the advisory panel of state officials to the

10  Merchant Marine Council of the United States Coast Guard.

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

12  waters and any navigable waters under concurrent jurisdiction

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

14  division, accompanied by a map locating the approximate

15  placement of markers, a list of the markers to be placed, a

16  statement of the specification of the markers, a statement of

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

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

19  division will assist the applicant to secure the proper

20  permission from the Coast Guard where required, make such

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

22  shall furnish the applicant with the information concerning

23  the system adopted and the rules regulations existing for

24  placing and maintaining the uniform safety and navigation

25  markers.  The division shall keep records of all approvals

26  given and counsel with individuals, counties, municipalities,

27  motorboat clubs, or other groups desiring to mark waterways

28  for safety and navigation purposes in Florida.

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

30  governmental entity shall place any safety or navigation

31


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

  2  without a permit from the division.

  3         (c)  The commission is authorized to adopt rules

  4  pursuant to chapter 120 to implement this section.

  5         Section 15.  Section 327.41, Florida Statutes, is

  6  amended to read:

  7         327.41  Uniform waterway regulatory markers.--

  8         (1)  The Fish and Wildlife Conservation commission

  9  shall adopt rules and regulations pursuant to chapter 120

10  establishing a uniform system of regulatory markers for the

11  waters of the state Florida Intracoastal Waterway, compatible

12  with the system of regulatory markers prescribed by the United

13  States Coast Guard in the United States Aids to Navigation

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

15  System of Uniform Waterway Markers approved by the Advisory

16  Panel of State Officials to the Merchant Marine Council,

17  United States Coast Guard.

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

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

20  portion of the Florida Intracoastal Waterway within its

21  jurisdiction or which has adopted a restricted area by

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

23  370.12(2)(o), or any other governmental entity which has

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

25  and Wildlife Conservation commission for permission to place

26  regulatory markers within the restricted area.

27         (3)  Application for placing regulatory markers in the

28  waters of the state on the Florida Intracoastal Waterway shall

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

30  Resources, accompanied by a map locating the approximate

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


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

  2  statement of the city or county responsible for the placement

  3  and upkeep of the markers.

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

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

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

  7  Intracoastal Waterway without a permit from the division

  8  pursuant to s. 327.40 of Marine Resources.

  9         (5)  Aquaculture leaseholds shall be marked as required

10  by this section, and the commission may approve alternative

11  marking requirements as a condition of the lease pursuant to

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

13  permit shall be required for the placement of markers required

14  by such a lease.

15         (6)  The commission is authorized to adopt rules

16  pursuant to chapter 120 to implement the provisions of this

17  section.

18         Section 16.  Section 327.46, Florida Statutes, is

19  amended to read:

20         327.46  Restricted areas.--

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

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

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

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

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

26  where such restrictions are deemed necessary based on boating

27  accidents, visibility, hazardous currents or water levels

28  tides, vessel traffic congestion, or other navigational

29  hazards.  Each such restricted area shall be developed in

30  consultation and coordination with the governing body of the

31  county or municipality in which the restricted area is located


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

  2  the United States Army Corps of Engineers.  Restricted areas

  3  shall be established in accordance with procedures under

  4  chapter 120.

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

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

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

  8  interference with navigation as provided above within a

  9  restricted water area which has been clearly marked by

10  regulatory markers buoys or some other distinguishing device

11  as a bathing or otherwise restricted area in accordance with

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

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

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

15  rescue vessel owned or operated by a governmental entity

16  craft.

17         Section 17.  Section 327.49, Florida Statutes, is

18  created to read:

19         327.49  Testing vessels and vessel motors.--Subject to

20  reasonable rules adopted by the commission, manufacturers of

21  vessels and vessel motors that operate vessel and vessel motor

22  test facilities may be authorized to test such vessels, vessel

23  motors, or combinations thereof, on the waters of the state to

24  ensure that they meet generally accepted boating safety

25  standards.

26         Section 18.  Subsection (2) of section 327.53, Florida

27  Statutes, is amended to read:

28         327.53  Marine sanitation.--

29         (2)(a)  Every houseboat shall be equipped with at least

30  one permanently installed toilet which shall be properly

31  connected to a United States Coast Guard certified or labeled


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  1  Type III marine sanitation device. If the toilet is

  2  simultaneously connected to both a Type III marine sanitation

  3  device and to another approved marine sanitation device, the

  4  valve or other mechanism selecting between the two marine

  5  sanitation devices shall be set to direct all sewage to the

  6  Type III marine sanitation device and, while the vessel is on

  7  the waters of the state, shall be locked or otherwise secured

  8  by the boat operator, so as to prevent resetting.

  9         (b)  A houseboat on which a Type I marine sanitation

10  device was installed before January 30, 1980, need not install

11  a Type III device until October 1, 1996. A houseboat on which

12  a Type II marine sanitation device was installed before July

13  1, 1994, need not install a Type III device until October 1,

14  1996.

15         Section 19.  Effective October 1, 2000, section 327.54,

16  Florida Statutes, is amended to read:

17         327.54  Liveries; safety regulations; penalty.--

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

19  vessel to any person:

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

21  vessel exceeds the number considered to constitute a maximum

22  safety load for the vessel as specified on the authorized

23  persons capacity plate of the vessel.

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

25  capacity of the vessel.

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

27  safety equipment required under s. 327.50.

28         (d)  When the vessel is not seaworthy.

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

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

31  prerental or preride instruction that includes, but need not


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

  2  livery.

  3         1.  Operational characteristics of the vessel to be

  4  rented.

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

  6         3.  The responsibility of the vessel operator for the

  7  safe and proper operation of the vessel.

  8         4.  Local characteristics of the waterway where the

  9  vessel will be operated.

10

11  Any person delivering the information specified in this

12  paragraph must have successfully completed a boater safety

13  course approved by the National Association of State Boating

14  Law Administrators and this state.

15         (f)  Unless the livery displays boating safety

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

17  commission shall prescribe by rule pursuant to chapter 120,

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

19  displayed.

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

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

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

23  such person presents a valid boater safety identification card

24  to the livery.

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

26  shall notify the proper authorities.

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

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

29  of age.,

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

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


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  1  received instruction in the safe handling of personal

  2  watercraft, in compliance with rules established by the

  3  commission pursuant to chapter 120 or other vessel to any

  4  other person, unless the livery displays boating safety

  5  information about the safe and proper operation of vessels and

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

  7  instruction in the safe handling of the personal watercraft in

  8  compliance with standards established by the department.

  9         (c)  Any person receiving instruction in the safe

10  handling of personal watercraft pursuant to a program

11  established by rule of the commission must provide the livery

12  with a written statement attesting to the same.

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

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

15  watercraft unless the livery first obtains and carries in full

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

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

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

19  the operation of the personal watercraft.  The insurance

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

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

22  insurance available for inspection at the location where

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

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

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

26  insurance policy number.

27         (6)(5)  Any person convicted of violating this section

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

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

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

31  (2), (3), and (4), its liability ceases and the person leasing


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

  2  this chapter and is personally liable for any accident or

  3  injury occurring while in charge of such vessel.

  4         Section 20.  Subsection (1) of section 327.60, Florida

  5  Statutes, is amended to read:

  6         327.60  Local regulations; limitations.--

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

  8  327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65,

  9  328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall govern

10  the operation, equipment, and all other matters relating

11  thereto whenever any vessel shall be operated upon the

12  waterways or when any activity regulated hereby shall take

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

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

15  operation and equipment of vessels, except that no such

16  ordinance or local law may apply to the Florida Intracoastal

17  Waterway and except that such ordinances or local laws shall

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

19  chapter or any amendments thereto or regulations thereunder.

20  Any ordinance or local law which has been adopted pursuant to

21  this section or to any other state law may not discriminate

22  against personal watercraft as defined in s. 327.02.

23         Section 21.  Effective October 1, 2000, section 327.72,

24  Florida Statutes, is amended to read:

25         327.72  Penalties.--Any person failing to comply with

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

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

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

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

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

31  775.082 or s. 775.083.


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  1         Section 22.  Effective October 1, 2000, paragraph (k)

  2  of subsection (1) and subsection (4) of section 327.73,

  3  Florida Statutes, are amended, subsections, (9), (10), and

  4  (11) are added to said section, and paragraph (p) of

  5  subsection (1) of said section is reenacted for the purpose of

  6  incorporating the amendments to section 327.39, Florida

  7  Statutes, in a reference, to read:

  8         327.73  Noncriminal infractions.--

  9         (1)  Violations of the following provisions of the

10  vessel laws of this state are noncriminal infractions:

11         (k)  Violations relating to restricted areas and speed

12  limits:

13         1.  Established by the commission department pursuant

14  to s. 327.46.

15         2.  Established by local governmental authorities

16  pursuant to s. 327.22 or s. 327.60.

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

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

19  personal watercraft.

20

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

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

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

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

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

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

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

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

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

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

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


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  1  775.082 or s. 775.083. A written warning to this effect shall

  2  be provided at the time such uniform boating citation is

  3  issued.

  4         (4)  Any person charged with a noncriminal infraction

  5  under this section may:

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

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

  8  citation; or,

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

10  appearing at the designated time and location.

11

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

13  or she shall be deemed to have admitted the noncriminal

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

15  issue of commission of the infraction.  Such admission shall

16  not be used as evidence in any other proceedings.

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

18  requirements or who fails to pay the civil penalties specified

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

20  327.72 must pay an additional court cost of $12, which shall

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

22  tracking unpaid uniform boating citations.

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

24  requirements as to civil penalties specified in this section

25  due to demonstrated financial hardship shall be authorized to

26  satisfy such civil penalties by public works or community

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

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

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

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

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


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

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

  3  such civil penalties who does not demonstrate financial

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

  5  authorized to satisfy such civil penalties by public works or

  6  community service in the same manner.

  7         (c)  If the noncriminal infraction has caused or

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

  9  person who committed the infraction to perform 120 community

10  service hours in addition to any other penalties.

11         (10)  Any person cited for any noncriminal infraction

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

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

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

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

16  must appear before the designated official at the time and

17  location of the scheduled hearing.

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

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

20  amount not less than the following:

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

22         2.  For nonmoving boating infractions, $6

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

24  $10.

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

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

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

28  938.01, and a $2 court cost as provided in s. 938.15 when

29  assessed by a municipality or county.

30

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

  2  A criminal justice selection center or both local criminal

  3  justice access and assessment centers may be funded from these

  4  court costs.

  5         Section 23.  Effective October 1, 2001, paragraph (u)

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

  7  Statutes, to read:

  8         327.73  Noncriminal infractions.--

  9         (1)  Violations of the following provisions of the

10  vessel laws of this state are noncriminal infractions:

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

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

13

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

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

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

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

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

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

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

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

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

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

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

25  775.082 or s. 775.083. A written warning to this effect shall

26  be provided at the time such uniform boating citation is

27  issued.

28         Section 24.  Effective October 1, 2001, subsection (1)

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

30         327.731  Mandatory education for violators.--

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

  2  this chapter, every person convicted of a noncriminal

  3  infraction under this chapter if the infraction resulted in a

  4  reportable boating accident, and every person convicted of two

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

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

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

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

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

10  minimum standards established by the commission by rule;

11  however, the commission may provide by rule pursuant to

12  chapter 120 for waivers of the attendance requirement for

13  violators residing in areas where classroom presentation of

14  the course is not available;

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

16  successful completion of the course;

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

18  has filed the proof of successful completion of the course

19  with the commission.

20

21  Any person who has successfully completed an approved boating

22  course shall be exempt from these provisions upon showing

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

24         Section 25.  Subsections (1) and (3) of section

25  327.803, Florida Statutes, are amended to read:

26         327.803  Boating Advisory Council.--

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

28  Fish and Wildlife Conservation Commission and shall be

29  composed of 17 16 members. The members include:

30

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  1         (a)  One representative from the Fish and Wildlife

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

  3  council.

  4         (b)  One representative each from the Department of

  5  Environmental Protection, the United States Coast Guard

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

  7  navigation districts.

  8         (c)  One representative of manatee protection

  9  interests, one representative of the marine industries, two

10  representatives of water-related environmental groups, one

11  representative of marine manufacturers, one representative of

12  commercial vessel owners or operators, one representative of

13  sport boat racing, one representative actively involved and

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

15  experience in recreational boating, and two representatives of

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

17  executive director of the Fish and Wildlife Conservation

18  Commission and appointed by the Governor to serve staggered

19  2-year terms.

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

21  shall be appointed by the Speaker of the House of

22  Representatives.

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

24  by the President of the Senate.

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

26  recommendations to the Fish and Wildlife Conservation

27  Commission and the Department of Community Affairs regarding

28  issues affecting the boating community, including, but not

29  limited to, issues related to:

30         (a)  Boating and diving safety education.

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

  2  boat testing facilities.

  3         (c)  Boat usage.

  4         Section 26.  Subsection (2) of section 328.48, Florida

  5  Statutes, is amended to read:

  6         328.48  Vessel registration, application, certificate,

  7  number, decal, duplicate certificate.--

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

  9  state must be registered, either commercial or recreational

10  noncommercial as defined in this chapter herein, except as

11  follows:

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

13  ponds.

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

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

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

17         Section 27.  Section 328.56, Florida Statutes, is

18  amended to read:

19         328.56  Vessel registration number.--Each vessel that

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

21  commercial or recreational noncommercial Florida registration

22  number, unless it is:

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

24  ponds.

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

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

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

28         (5)  A federally documented vessel.

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

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

31  to a federally approved numbering system of another state or


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

  2  federally approved numbering system, if the vessel has not

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

  4  consecutive days.

  5         (7)  A vessel operating under a valid temporary

  6  certificate of number.

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

  8  States temporarily using the waters of this state.

  9         (9)  An undocumented vessel used exclusively for

10  racing.

11         Section 28.  Subsection (1) of section 328.66, Florida

12  Statutes, is amended to read:

13         328.66  County and municipality optional registration

14  fee.--

15         (1)  Any county may impose an annual registration fee

16  on vessels registered, operated, or stored in the water within

17  its jurisdiction. This fee shall be 50 percent of the

18  applicable state registration fee. However, the first $1 of

19  every registration imposed under this subsection shall be

20  remitted to the state for deposit in the Save the Manatee

21  Trust Fund created within the Fish and Wildlife Conservation

22  Commission, and shall be used only for the purposes specified

23  in s. 370.12(4) for expenditure solely on activities related

24  to the preservation of manatees. All other moneys received

25  from such fee shall be expended for the patrol, regulation,

26  and maintenance of the lakes, rivers, and waters and for other

27  boating-related activities of such municipality or county. A

28  municipality that was imposing a registration fee before April

29  1, 1984, may continue to levy such fee, notwithstanding the

30  provisions of this section.

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  1         Section 29.  Section 328.70, Florida Statutes, is

  2  amended to read:

  3         328.70  Legislative intent with respect to uniform

  4  registration fee, classification of vessels.--

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

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

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

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

  9  all vessels be classified as either "commercial" or

10  "recreational noncommercial" and that all such vessels be

11  registered according to the provisions of s. 328.72.

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

13  meets the definition of a commercial vessel shall be

14  classified and registered as a "commercial vessel."

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

16  is not used operated for commercial purposes shall be

17  classified and registered as a "recreational noncommercial

18  vessel."

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

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

21         Section 30.  Subsections (2), (6), (7), and (11) of

22  section 328.72, Florida Statutes, are amended to read:

23         328.72  Classification; registration; fees and charges;

24  surcharge; disposition of fees; fines; marine turtle

25  stickers.--

26         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

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

28  for recreational noncommercial purposes, and powered by the

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

30  antique vessel.  When applying for registration as an antique

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


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  1  as prescribed by the Department of Highway Safety and Motor

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

  3  requirements of this paragraph.

  4         (b)  The registration number for an antique vessel

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

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

  7         (c)  The Department of Highway Safety and Motor

  8  Vehicles may issue a decal identifying the vessel as an

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

10  ss. 328.48 327.11 and 328.54 327.14.

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

12  of a vessel changes from recreational noncommercial to

13  commercial, or from commercial to recreational noncommercial,

14  and a current registration certificate has been issued to the

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

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

17  and a new certificate shall be issued.

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

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

20  service fee for each registration issued, replaced, or

21  renewed.  Except as provided in subsection (15), all fees,

22  other than the service charge, collected by a tax collector

23  must be remitted to the department not later than 7 working

24  days following the last day of the week in which the money was

25  remitted.  Vessels may travel in salt water or fresh water.

26         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

27  for boat registration shall include a provision to allow each

28  applicant to indicate a desire to pay an additional voluntary

29  contribution to the Save the Manatee Trust Fund to be used for

30  the purposes specified in s. 370.12(4).  for manatee and

31  marine mammal research, protection, recovery, rescue,


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  1  rehabilitation, and release.  This contribution shall be in

  2  addition to all other fees and charges. The amount of the

  3  request for a voluntary contribution solicited shall be $2 or

  4  $5 per registrant.  A registrant who provides a voluntary

  5  contribution of $5 or more shall be given a sticker or emblem

  6  by the tax collector to display, which signifies support for

  7  the Save the Manatee Trust Fund.  All voluntary contributions

  8  shall be deposited in the Save the Manatee Trust Fund and

  9  shall be used for the purposes specified in s. 370.12(4). for

10  use according to this subsection.  The first $2 of voluntary

11  contribution by a vessel registrant shall be available for the

12  manatee protection and recovery effort pursuant to s.

13  370.12(4)(a). Any additional amount of voluntary contribution

14  by a vessel registrant shall also be for the purpose of the

15  manatee protection and recovery effort, except that any

16  voluntary contribution in excess of the first $2 voluntary

17  contribution by a vessel registrant but not exceeding $2 shall

18  be available for manatee rehabilitation by those facilities

19  approved to rescue, rehabilitate, and release manatees

20  pursuant to s. 370.12(4)(b). The form shall also include

21  language permitting a voluntary contribution of $5 per

22  applicant, which contribution shall be transferred into the

23  Election Campaign Financing Trust Fund.  A statement providing

24  an explanation of the purpose of the trust fund shall also be

25  included.

26         Section 31.  Effective July 1, 2001, subsection (15) of

27  section 328.72, Florida Statutes, is amended to read:

28         328.72  Classification; registration; fees and charges;

29  surcharge; disposition of fees; fines; marine turtle

30  stickers.--

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  1         (15)  DISTRIBUTION OF FEES.--Moneys designated for the

  2  use of the counties, as specified in subsection (1), shall be

  3  distributed by the tax collector to the board of county

  4  commissioners for use as provided in this section.  Such

  5  moneys deposited pursuant to s. 328.76 to be returned to the

  6  counties are for the sole purposes of providing recreational

  7  channel marking and public launching facilities and other

  8  boating-related activities, for removal of vessels and

  9  floating structures deemed a hazard to public safety and

10  health for failure to comply with s. 327.53, and for manatee

11  and marine mammal protection and recovery.  The department

12  shall ascertain, as a guideline in determining the amounts of

13  distributions each county may receive, the number of

14  noncommercial vessels registered in the county during the

15  preceding fiscal year according to the fee schedule provided

16  in subsection (1) and shall promulgate rules to effectuate

17  this.  Each fiscal year, prior to determination of

18  distributions to the counties under this section, an amount

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

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

21  marine mammal research, protection, and recovery.

22         Section 32.  Paragraphs (a) and (b) of subsection (1)

23  of section 328.76, Florida Statutes, are amended to read:

24         328.76  Marine Resources Conservation Trust Fund;

25  vessel registration funds; appropriation and distribution.--

26         (1)  Except as otherwise specified and less any

27  administrative costs, all funds collected from the

28  registration of vessels through the Department of Highway

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

30  shall be deposited in the Marine Resources Conservation Trust

31  Fund for recreational channel marking; public launching


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  1  facilities; law enforcement and quality control programs;

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

  3  rehabilitation, and release; and marine mammal protection and

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

  5  be transferred as follows:

  6         (a)  In each fiscal year, an amount equal to $1.50 $1

  7  for each vessel registered in this state shall be transferred

  8  to the Save the Manatee Trust Fund and shall be used only for

  9  the purposes specified in s. 370.12(4). for manatee and marine

10  mammal research, protection, and recovery in accordance with

11  the provisions of s. 370.12(4)(a).

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

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

14  transferred to the Save the Manatee Trust Fund in accordance

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

16  facilities approved to rescue, rehabilitate, and release

17  manatees as authorized pursuant to the Fish and Wildlife

18  Service of the United States Department of the Interior.

19         Section 33.  Effective July 1, 2001, subsection (1) of

20  section 328.76, Florida Statutes, is amended to read:

21         328.76  Marine Resources Conservation Trust Fund;

22  vessel registration funds; appropriation and distribution.--

23         (1)  Except as otherwise specified and less any

24  administrative costs, all funds collected from the

25  registration of vessels through the Department of Highway

26  Safety and Motor Vehicles and the tax collectors of the state,

27  except for those funds designated for the use of the counties

28  pursuant to s. 328.72(1), shall be deposited in the Marine

29  Resources Conservation Trust Fund for recreational channel

30  marking; public launching facilities; law enforcement and

31  quality control programs; aquatic weed control; manatee


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  1  protection, recovery, rescue, rehabilitation, and release; and

  2  marine mammal protection and recovery. The funds collected

  3  pursuant to s. 328.72(1) shall be transferred as follows:

  4         (a)  In each fiscal year, an amount equal to $1.50 for

  5  each vessel registered in this state shall be transferred to

  6  the Save the Manatee Trust Fund and shall be used only for the

  7  purposes specified in s. 370.12(4) for manatee and marine

  8  mammal research, protection, and recovery in accordance with

  9  the provisions of s. 370.12(4)(a).

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

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

12  transferred to the Save the Manatee Trust Fund in accordance

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

14  facilities approved to rescue, rehabilitate, and release

15  manatees as authorized pursuant to the Fish and Wildlife

16  Service of the United States Department of the Interior.

17         (c)  Two dollars from each noncommercial vessel

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

19  transferred to the Invasive Plant Control Trust Fund for

20  aquatic weed research and control.

21         (d)  Forty percent of the registration fees from

22  commercial vessels shall be transferred to the Invasive Plant

23  Control Trust Fund for aquatic plant research and control.

24         (e)  Forty percent of the registration fees from

25  commercial vessels shall be transferred by the Department of

26  Highway Safety and Motor Vehicles, on a monthly basis, to the

27  General Inspection Trust Fund of the Department of Agriculture

28  and Consumer Service.  These funds shall be used for shellfish

29  and aquaculture law enforcement and quality control programs.

30

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  1         Section 34.  Paragraph (a) of subsection (2) and

  2  subsection (3) of section 370.06, Florida Statutes, are

  3  amended to read:

  4         370.06  Licenses.--

  5         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

  8  saltwater products, or which harvests saltwater products with

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

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

11  aquaculture certificate under s. 597.004 is not required to

12  purchase and possess a saltwater products license in order to

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

14  saltwater products license allows the holder to engage in any

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

16  license must be in the possession of the licenseholder or

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

18  time that harvesting activities for which a license is

19  required are being conducted. A restricted species endorsement

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

21  licensed wholesale dealer those species which the state, by

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

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

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

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

26  attributable to the sale of saltwater products pursuant to a

27  license issued under this paragraph or a similar license from

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

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

30  its income is attributable to the sale of saltwater products

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


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

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

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

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

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

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

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

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

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

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

11  attributable to work, employment, entrepreneurship, pensions,

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

13  existing restricted species endorsement, a marine aquaculture

14  producer possessing a valid saltwater products license with a

15  restricted species endorsement may apply income from the sale

16  of marine aquaculture products to licensed wholesale dealers.

17         1.  The Fish and Wildlife Conservation commission is

18  authorized to require verification of such income. Acceptable

19  proof of income earned from the sale of saltwater products

20  shall be:

21         a.  Copies of trip ticket records generated pursuant to

22  this subsection (marine fisheries information system),

23  documenting qualifying sale of saltwater products;

24         b.  Copies of sales records from locales other than

25  Florida documenting qualifying sale of saltwater products;

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

27  including Form 1099 attachments, verifying income earned from

28  the sale of saltwater products;

29         d.  Crew share statements verifying income earned from

30  the sale of saltwater products; or

31


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  1         e.  A certified public accountant's notarized statement

  2  attesting to qualifying source and amount of income.

  3

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

  5  Florida Statutes to the contrary notwithstanding, any person

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

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

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

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

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

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

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

13  seafood market or restaurant and in his or her saltwater

14  products enterprise by affidavit and shall thereupon be issued

15  a restricted species endorsement.

16         2.  Exceptions from income requirements shall be as

17  follows:

18         a.  A permanent restricted species endorsement shall be

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

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

21         b.  Active military duty time shall be excluded from

22  consideration of time necessary to qualify and shall not be

23  counted against the applicant for purposes of qualifying.

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

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

26  for a restricted species endorsement, the purchaser of such

27  vessel shall be exempted from the qualifying income

28  requirement for the purpose of obtaining a restricted species

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

30  vessel.

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

  2  possessing a restricted species endorsement, an immediate

  3  family member wishing to carry on the fishing operation shall

  4  be exempted from the qualifying income requirement for the

  5  purpose of obtaining a restricted species endorsement for a

  6  period of 1 year after the death or disablement.

  7         e.  A restricted species endorsement may be issued on

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

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

10  the sale of saltwater products pursuant to the provisions of

11  this paragraph.

12         f.  A permanent restricted species endorsement may also

13  be issued on an individual saltwater products license to a

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

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

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

17  permanently disabled by a verified written statement, based

18  upon the criteria for permanent total disability in chapter

19  440 from a physician licensed in this state, by any branch of

20  the United States Armed Services, by the Social Security

21  Administration, or by the United States Department of Veterans

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

23  States Armed Forces, or who holds a valid identification card

24  issued by the Department of Veterans' Affairs pursuant to s.

25  295.17, upon proof of the same, or any resident certified to

26  be totally disabled by the United States Social Security

27  Administration, upon proof of the same, or any resident who

28  holds a valid identification card issued by the Department of

29  Veterans' Affairs pursuant to s. 295.17, shall be exempted

30  from the income requirements if he or she also has held a

31


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  1  saltwater products license for at least 3 of the last 5

  2  license years prior to the date of the disability.

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

  4  States Social Security Administration is not sufficient

  5  certification for a resident to obtain the income exemption

  6  unless the notice certifies that the resident is totally and

  7  permanently disabled.

  8

  9  At least one saltwater products license bearing a restricted

10  species endorsement shall be aboard any vessel harvesting

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

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

13  vessel shall have a commercial vessel registration. This

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

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

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

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

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

19  shall be issued with each saltwater products license issued to

20  a valid boat registration number. The saltwater products

21  license decal shall be the same color as the vessel

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

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

24  The saltwater products license decal shall be placed beside

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

26  undocumented vessel, shall be placed so that the vessel

27  registration decal lies between the vessel registration number

28  and the saltwater products license decal. Any saltwater

29  products license decal for a previous year shall be removed

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

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


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

  2  for a saltwater products license issued to a valid boat

  3  registration number. A nonresident shall pay an annual license

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

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

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

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

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

  9  products license issued to a valid boat registration number.

10  Any person who sells saltwater products pursuant to this

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

12  saltwater products license must be presented to the licensed

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

14  imprint made thereof. The wholesale dealer shall keep records

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

16  of the Fish and Wildlife Conservation commission not in

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

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

19  is unlawful for any licensed wholesale dealer to buy saltwater

20  products from any unlicensed person under the provisions of

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

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

23  licensed wholesale dealer to buy saltwater products designated

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

25  not possessing a restricted species endorsement on his or her

26  saltwater products license under the provisions of this

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

28  another licensed wholesale dealer. The commission shall be the

29  licensing agency, may contract with private persons or

30  entities to implement aspects of the licensing program, and

31  shall establish by rule a marine fisheries information system


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  1  in conjunction with the licensing program to gather fisheries

  2  data.

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

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

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

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

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

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

  9  nonresident, must be licensed under a saltwater products

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

11  number of such license.  A noncommercial resident net

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

13  for noncommercial purposes and may only be issued to residents

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

15  person in whose name the net is registered.

16         Section 35.  Paragraph (a) of subsection (2), and

17  subsections (4), (6), and (12) of section 370.0605, F.S., are

18  amended to read:

19         370.0605  Saltwater fishing license required; fees.--

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

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

22  license.

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

24  years from the date of purchase.

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

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

27  license.

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

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

30

31


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

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

  3  1-year license.

  4         6.4.  For purposes of this section, "resident" has the

  5  same meaning as that found in s. 372.001.

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

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

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

  9  verified written statement which is based upon the criteria

10  for permanent total disability in chapter 440 of a physician

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

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

13  the United States Department of Veterans Affairs or its

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

15  Forces, or who holds a valid identification card issued by the

16  Department of Veterans' Affairs pursuant to s. 295.17, upon

17  proof of same.  Any license issued under this paragraph after

18  January 1, 1997, expires after 5 years.  Upon request, the

19  license shall be reissued for a 5 year period and shall be

20  reissued every 5 years thereafter; or who holds a valid

21  identification card issued by the Department of Veterans'

22  Affairs pursuant to s. 295.17.

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

24  issued by the United States Social Security Administration,

25  upon proof of same.  Any license issued under this paragraph

26  after October 1, 1999, expires September 30, 2001.  Upon proof

27  of certification as provided in this paragraph, the license

28  shall be reissued for a 2-year period and shall be reissued

29  every 2 years thereafter.  is not sufficient certification for

30  obtaining a permanent fishing license under this section

31  unless the notice certifies a resident is totally and


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  1  permanently disabled. Any license issued after January 1,

  2  1997, expires after 5 years and must be reissued, upon

  3  request, every 5 years thereafter.

  4         (c)  Notwithstanding any other provision of this

  5  subsection, any person who has received after July 1, 1997,

  6  and before July 1, 2000, a valid disability license under this

  7  subsection retains the rights vested thereunder until the

  8  license has expired.

  9         (6)(a)  The Fish and Wildlife Conservation Commission,

10  all county tax collectors, or any appointed subagent may sell

11  licenses and permits and collect fees pursuant to this

12  section.  A fee for electronic license sales may be

13  established by competitive-bid procedures that are overseen by

14  the commission.

15         (b)  The commission is the issuing department for the

16  purpose of issuing licenses and permits and collecting fees

17  pursuant to this section.

18         (c)  In addition to the license and permit fee

19  collected, the sum of $1.50 shall be charged for each license.

20  Such charge shall be for the purpose of, and the source from

21  which is subtracted, all administrative costs of issuance,

22  including, but not limited to, printing, distribution, and

23  credit card fees.  Tax collectors may retain $1.50 for each

24  license sold.

25         (d)1.  Each county tax collector shall maintain records

26  of all such licenses, permits, and stamps that are sold,

27  voided, stolen, or lost. Licenses and permits must be issued

28  and reported, and fees must be remitted, in accordance with

29  the procedures established in chapter 372.

30         2.  Not later than August 15 of each year, each county

31  tax collector shall submit to the Fish and Wildlife


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  1  Conservation Commission a written audit report, on forms

  2  prescribed or approved by the commission, as to the numbers of

  3  all unissued licenses and permits stamps for the previous

  4  fiscal year along with all unissued pictorial permits a

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

  6  Fish and Wildlife Conservation Commission, as to the numbers

  7  of the unissued stamps.

  8         (e)  A license or permit to replace a lost or destroyed

  9  license or permit may be obtained by submitting an application

10  for replacement.  The fee is $10 for each application for

11  replacement of a lifetime license and $2 for each application

12  for replacement for any other license or permit.  Such fees

13  shall be for the purpose of, and the source from which is

14  subtracted, all administrative costs of issuing the license or

15  permit, including, but not limited to, printing, distribution,

16  and credit card fees.  Tax collectors may retain $1 for each

17  application for a replacement license or permit processed.

18         (12)  The Fish and Wildlife Conservation commission may

19  designate by rule no more than 2 consecutive or nonconsecutive

20  days in each year as free saltwater fishing days. "Disabled

21  Angler Fishing Days." Notwithstanding any other provision of

22  this chapter, any disabled person may take saltwater marine

23  fish for noncommercial purposes on a free saltwater fishing

24  day Disabled Angler Fishing Day without obtaining or

25  possessing a license or paying a license fee as prescribed in

26  this section.  A disabled person who takes saltwater marine

27  fish on a free saltwater fishing day Disabled Angler Fishing

28  Day without obtaining a license or paying a fee must comply

29  with all laws, rules, and regulations governing holders of a

30  fishing license and all other conditions and limitations

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  1  regulating the taking of saltwater marine fish as are imposed

  2  by law or rule.

  3         Section 36.   Section 372.561, Florida Statutes, is

  4  amended to read:

  5         372.561  Issuance of licenses to take wild animal life

  6  or freshwater aquatic life; costs; reporting.--

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

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

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

10  take wild animal life or freshwater aquatic life upon proof by

11  the applicant for licensure that she or he is entitled to such

12  license or permit.  The commission shall establish the forms

13  for such licenses and permits. Each applicant for a license,

14  permit, or authorization shall provide the applicant's social

15  security number on the application form. Disclosure of social

16  security numbers obtained through this requirement shall be

17  limited to the purpose of administration of the Title IV-D

18  program for child support enforcement and use by the

19  commission, and as otherwise provided by law.

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

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

22  appointed subagent.

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

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

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

26  source from which is subtracted, all administrative costs of

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

28  printing, distribution, and credit card fees.

29         (b)  Tax collectors may retain $1 for each license or

30  management area permit sold.

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  1         (5)(a)  Hunting and fishing licenses and permits shall

  2  be issued, without fee, to any resident who is certified:

  3         1.  To be totally and permanently disabled by the

  4  United States Department of Veterans Affairs or its

  5  predecessor or, by the United States Social Security

  6  Administration, by any branch of the United States Armed

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

  8  upon the criteria for permanent and total disability in

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

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

11  295.17, upon proof of the same.  Any license issued under this

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

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

14         2.  To be totally disabled A Disability Award Notice

15  issued by the United States Social Security Administration

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

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

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

19  this subsection, every 2 years thereafter is not sufficient

20  certification for obtaining a permanent hunting and fishing

21  license under this section unless said form certifies a

22  resident is totally and permanently disabled.

23         (b)  Notwithstanding any other provisions of this

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

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

26  this subsection, retains the rights vested thereunder until

27  the license has expired.

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

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

30  required documentation, to the commission within 7 days

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


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

  2  maintain records of all such licenses and permits which are

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

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

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

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

  7  report stolen licenses and permits to the appropriate law

  8  enforcement agency.  The tax collector shall submit a written

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

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

11  value of a validation stamp is $5.

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

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

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

15  The commission may adopt rules to implement this section.

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

17  tax collector shall submit to the commission a written audit

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

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

20  the previous year along with all unissued pictorial permits a

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

22  commission, of the numbers of the unissued stamps.

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

24  audit report, each county tax collector shall provide the

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

26  voided licenses, permits, and stamps with a certified

27  reconciliation statement prepared by a certified public

28  accountant.  Concurrent with the submission of the

29  certification, the county tax collector shall remit to the

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

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


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

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

  3  reported by him or her as lost.

  4         Section 37.  New paragraphs (i) and (j) are created in

  5  subsection (2), of section 372.57, F.S., and current paragraph

  6  (i) is renumbered as paragraph (k) and amended, to read:

  7         372.57  Licenses and permits; exemptions; fees.--No

  8  person, except as provided herein, shall take game, freshwater

  9  fish, or fur-bearing animals within this state without having

10  first obtained a license, permit, or authorization and paid

11  the fees hereinafter set forth, unless such license is issued

12  without fee as provided in s. 372.561. Such license, permit,

13  or authorization shall authorize the person to whom it is

14  issued to take game, freshwater fish, or fur-bearing animals

15  in accordance with law and commission rules. Such license,

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

17  permit must bear on its face in indelible ink the name of the

18  person to whom it is issued and other information requested by

19  the commission. Such license, permit, or authorization issued

20  by the commission or any agent must be in the personal

21  possession of the person to whom issued while taking game,

22  freshwater fish, or fur-bearing animals. The failure of such

23  person to exhibit such license, permit, or authorization to

24  the commission or its wildlife officers, when such person is

25  found taking game, freshwater fish, or fur-bearing animals, is

26  a violation of law.  A positive form of identification is

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

28  5-year license, or when otherwise required by the license or

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

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

31  date of issuance, and other pertinent information as deemed


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  1  necessary by the commission.  A certified copy of the

  2  applicant's birth certificate shall accompany each application

  3  all applications for a lifetime license for a resident

  4  residents 12 years of age or and younger. Each applicant for a

  5  license, permit, or authorization shall provide the

  6  applicant's social security number on the application form.

  7  Disclosure of social security numbers obtained through this

  8  requirement shall be limited to the purpose of administration

  9  of the Title IV-D child support enforcement program and use by

10  the commission, and as otherwise provided by law.

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

12  fees for noncommercial fishing and for hunting and trapping in

13  this state, and the activity authorized thereby, are as

14  follows:

15         (i)  A combination license for a resident to hunt and

16  to take freshwater fish and saltwater fish is $34 for a 1-year

17  license.

18         (j)  A permanent hunting and freshwater fishing license

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

20         (k)(i)  A sportsman's license for a resident is $66.

21  The sportsman's license authorizes the holder to take

22  freshwater fish and game, subject to state and federal laws,

23  rules, and regulations, including and rules of the commission,

24  in effect at the time of taking, and authorizes the same

25  activities authorized by a management area permit, a

26  muzzle-loading gun permit, a turkey permit, a Florida

27  waterfowl permit, and an archery permit.  A nonresident may

28  not purchase a sportsman's license.

29         Section 38.  Section 372.574, Florida Statutes, is

30  amended to read:

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  1         372.574  Appointment of subagents for the sale of

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

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

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

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

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

  7  requirements for subagents:

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

  9  county tax collector.

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

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

12  may be appointed as a subagent.

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

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

15  using an insurance company acceptable to the tax collector.

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

17  bonds covering all or selected subagents or may allow a

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

19  collector.

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

21  determined by the tax collector at such specific locations

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

23  best serve the public interest and convenience in obtaining

24  licenses and permits. The commission may uniformly prohibit

25  subagents from selling certain licenses or permits.

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

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

28  he has been appointed as a subagent.

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

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

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

  2  775.083.

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

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

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

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

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

  8  sale of licenses and permits to the tax collector as

  9  prescribed by the tax collector but no less frequently than

10  monthly.

11         (i)  Subagents shall submit an activity report for

12  sales made during the reporting period on forms prescribed or

13  approved by the commission. Periodic audits may be performed

14  at the discretion of the commission.

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

16  subagents, the commission may appoint subagents within that

17  county.  Subagents shall serve at the pleasure of the

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

19  for selection of subagents.  The following are requirements

20  for subagents so appointed:

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

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

23  insurance company acceptable to the commission.  In lieu of

24  the bond, the commission may purchase blanket bonds covering

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

26  other security as required by the commission.

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

28  authorized by the commission at specific locations within the

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

30  and convenience in obtaining licenses and permits. The

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  1  commission may prohibit subagents from selling certain

  2  licenses or permits.

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

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

  5  she has been appointed as a subagent.

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

  7  provisions of this section commits a misdemeanor of the second

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

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

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

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

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

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

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

15  be established by competitive bid procedures which are

16  overseen by the Fish and Wildlife Conservation Commission. A

17  fee for electronic license sales may be established by

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

19  Wildlife Conservation Commission.

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

21  sale of licenses and permits to the commission as prescribed

22  by the commission.

23         (g)  Subagents shall maintain records of all licenses

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

25  lost.  Subagents are responsible to the commission for the

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

27  all licenses and permits stamps reported as lost.  Subagents

28  must report all stolen licenses and permits validation stamps

29  to the appropriate law enforcement agency.  The subagent shall

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

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


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

  2  $5.

  3         (h)  Subagents shall submit an activity report for

  4  sales made during the reporting period on forms prescribed or

  5  approved by the commission. Periodic audits may be performed

  6  at the discretion of the commission.

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

  8  submit to the commission all unissued stamps for the previous

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

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

11  stamps.

12         (3)  The Fish and Wildlife Conservation Commission or

13  any other law enforcement agency may carry out any

14  investigation necessary to secure information required to

15  carry out and enforce this section.

16         (4)(3)  All social security numbers that which are

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

18  in records of any subagent appointed under pursuant to this

19  section are confidential as provided in those sections.

20         Section 39.  Section 372.66, Florida Statutes, is

21  amended to read:

22         372.66  License required for fur and hide dealers.--

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

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

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

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

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

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

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

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

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


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

  2  by or buying for such licensed state dealer.

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

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

  5  traveling buyers shall be deemed a resident local dealer and

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

  7         (3)(4)  A nonresident dealer or buyer must shall be

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

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

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

11  agent for such nonresident buyer.

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

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

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

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

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

17  the Fish and Wildlife Conservation Commission on blanks

18  furnished by it.

19         (4)(6)  All dealers and buyers shall forward to the

20  Fish and Wildlife Conservation Commission each 2 weeks during

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

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

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

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

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

26  knowingly ship or transport or receive for transportation any

27  hides or furs unless such shipments have marked thereon name

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

29  fur dealer's license.

30         Section 40.  Section 372.83, Florida Statutes, is

31  amended to read:


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  1         372.83  Noncriminal infractions; criminal penalties;

  2  suspension and revocation of licenses and permits.--

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

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

  5  any of the following provisions:

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

  7  filing of reports or other documents required of persons who

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

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

10  management areas.

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

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

13  camping restrictions, the use of alcoholic beverages, vehicle

14  use, and check station requirements within wildlife management

15  areas or other areas managed by the commission.

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

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

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

19  slot limits for freshwater game fish.

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

21  size or specifying motor restrictions on specified water

22  bodies.

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

24  registration of off-road vehicles and airboats operated on

25  state lands.

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

27  trapping licenses.

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

29  persons hunting deer.

30

31


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

  2  372.711 within 30 days after being cited for a noncriminal

  3  infraction or to appear before the court pursuant to that

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

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

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

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

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

  9  orders of the commission:

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

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

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

13  limits or restrict methods of taking freshwater fish or

14  wildlife.

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

16  sale, possession for sale, purchase, transfer, transportation,

17  or importation of freshwater fish or wildlife.

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

19  access for specified periods to wildlife management areas or

20  other areas managed by the commission.

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

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

23  wildlife or that require the maintenance of records relating

24  to captive wildlife.

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

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

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

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

29  saltwater fishing license unless authorized by the commission.

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

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


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  1  license unless possession by the person has been fully

  2  authorized by the commission. A person who violates this

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

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

  5         (4)(3)  Unless otherwise provided in this chapter, a

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

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

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

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

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

11  775.082 or s. 775.083.

12         (5)(4)  The court may order the suspension or

13  revocation of any license or permit issued to a person

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

15  offense specified in this chapter or a noncriminal infraction

16  specified in this section.

17         Section 41.  Paragraph (b) of subsection (1) of section

18  713.78, Florida Statutes, is amended to read:

19         713.78  Liens for recovering, towing, or storing

20  vehicles and documented undocumented vessels.--

21         (1)  For the purposes of this section, the term:

22         (b)  "Vessel" means every description of watercraft,

23  barge, and air boat used or capable of being used as a means

24  of transportation on water, other than a seaplane or a

25  "documented has the same meaning as the term "undocumented

26  vessel" as defined in s. 327.02(8)(36).

27         Section 42.  Section 258.398, Florida Statutes, 1997

28  edition, and subsections (10) and (11) of section 370.14,

29  Florida Statutes, are repealed.

30         Section 43.  Except where otherwise provided, this act

31  shall take effect July 1, 2000.


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