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.--
31
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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
31
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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.
31
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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.
31
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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.--
31
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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
31
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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.
31
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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
                                  48
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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
31
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    ENROLLED
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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.
31
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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:
31
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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
31
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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
31
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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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