Senate Bill 0880

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    Florida Senate - 2000                                   SB 880

    By Senator Kirkpatrick





    5-138-00

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 372.16,

  4         F.S.; revising license fees for private game

  5         preserves; amending s. 372.57, F.S.; providing

  6         for a turkey permit fee for nonresident

  7         hunters; providing for fishing rod licenses and

  8         fees; creating s. 372.579, F.S.; authorizing

  9         the commission to adopt license or permit

10         processing fees; amending s. 372.661, F.S.;

11         revising private hunting preserve license fees;

12         amending s. 372.87, F.S.; revising venomous

13         reptile license fees; amending s. 372.921,

14         F.S.; revising wildlife exhibition permit fees;

15         amending s. 372.922, F.S.; revising the

16         classifications and permit fees for wildlife;

17         providing an effective date.

18

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

20

21         Section 1.  Subsection (4) of section 372.16, Florida

22  Statutes, is amended to read:

23         372.16  Private game preserves and farms; penalty.--

24         (4)  Any person violating the provisions of this

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

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

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

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

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

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

31  Fish and Wildlife Conservation Commission, any license or

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  1  permit issued under the provisions hereof; and no further

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

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

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

  5  secure a license from the Fish and Wildlife Conservation

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

  7         Section 2.  Subsection (4) of section 372.57, Florida

  8  Statutes, is amended, and subsection (16) is added to that

  9  section, to read:

10         372.57  Licenses and permits; exemptions; fees.--No

11  person, except as provided herein, shall take game, freshwater

12  fish, or fur-bearing animals within this state without having

13  first obtained a license, permit, or authorization and paid

14  the fees hereinafter set forth, unless such license is issued

15  without fee as provided in s. 372.561. Such license, permit,

16  or authorization shall authorize the person to whom it is

17  issued to take game, freshwater fish, or fur-bearing animals

18  in accordance with law and commission rules. Such license,

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

20  permit must bear on its face in indelible ink the name of the

21  person to whom it is issued and other information requested by

22  the commission. Such license, permit, or authorization issued

23  by the commission or any agent must be in the personal

24  possession of the person to whom issued while taking game,

25  freshwater fish, or fur-bearing animals. The failure of such

26  person to exhibit such license, permit, or authorization to

27  the commission or its wildlife officers, when such person is

28  found taking game, freshwater fish, or fur-bearing animals, is

29  a violation of law.  A positive form of identification is

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

31  5-year license, or when otherwise required by the license or

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

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

  3  date of issuance, and other pertinent information as deemed

  4  necessary by the commission.  A certified copy of the

  5  applicant's birth certificate shall accompany all applications

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

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

  8  authorization shall provide the applicant's social security

  9  number on the application form. Disclosure of social security

10  numbers obtained through this requirement shall be limited to

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

12  enforcement program and use by the commission, and as

13  otherwise provided by law.

14         (4)  In addition to any license required by this

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

16  fishing, and recreational uses, and the activities authorized

17  thereby, are:

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

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

20         (b)1.  Management area permits to hunt, fish, or

21  otherwise use for outdoor recreational purposes, land owned,

22  leased, or managed by the commission or the State of Florida

23  for the use and benefit of the commission, up to $25 annually.

24  Permits, and fees thereof, for short-term use of land which is

25  owned, leased, or managed by the commission may be established

26  by rule of the commission for any activity on such lands.

27  Such permits and fees may be in lieu of or in addition to the

28  annual management area permit. Other than for hunting or

29  fishing, the provisions of this paragraph shall not apply on

30  any lands not owned by the commission, unless the commission

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  1  shall have obtained the written consent of the owner or

  2  primary custodian of such lands.

  3         2.  A recreational user permit fee to hunt, fish, or

  4  otherwise use for outdoor recreational purposes, land leased

  5  by the commission from private nongovernmental owners, except

  6  for those lands located directly north of the Apalachicola

  7  National Forest, east of the Ochlockonee River until the point

  8  the river meets the dam forming Lake Talquin, and south of the

  9  closest federal highway.  The fee for this permit shall be

10  based upon economic compensation desired by the landowner,

11  game population levels, desired hunter density, and

12  administrative costs. The permit fee shall be set by

13  commission rule on a per-acre basis. On property currently in

14  the private landowner payment program, the prior year's

15  landowner payment shall be used to augment the recreational

16  user permit fee so as to decrease the permit fee for the users

17  of that property. One minor dependent child, 16 years old or

18  under, per permittee may hunt under the supervision of the

19  permittee and is exempt from the permit fee. The spouse and

20  dependent children of a permittee are exempt from the permit

21  fee when engaged in outdoor recreational activities other than

22  hunting in the company of the permittee. Notwithstanding any

23  other provision of this chapter, there are no other

24  exclusions, exceptions, or exemptions from this permit fee.

25  The recreational user permit fee, less an administrative

26  permit fee of up to $25 per permit, shall be remitted to the

27  landowner as provided in the lease agreement for each area.

28         (c)  A muzzle-loading gun permit to hunt within this

29  state with a muzzle-loading gun during those game seasons in

30  which hunting with a modern firearm is not allowed is $5.

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  1         (d)  An archery permit to hunt within this state with a

  2  bow and arrow during those game seasons in which hunting with

  3  a firearm is not allowed is $5.

  4         (e)  A Florida turkey permit to take wild turkeys

  5  within this state is $5.

  6         (f)  A Florida turkey permit for a nonresident to take

  7  wild turkeys within this state is $100.

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

  9  or fishing, where such hunting or fishing is authorized by

10  commission rule, shall be up to $100 per day but shall not

11  exceed $250 per week. Notwithstanding any other provision of

12  this chapter, there are no exclusions, exceptions, or

13  exemptions from this fee. In addition to the fee, the

14  commission may charge each applicant for a special use permit

15  a nonrefundable application fee of up to $10.

16         (h)(g)  The fee for a permanent hunting and fishing

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

18         (16)  Notwithstanding other provisions of this chapter,

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

20  license for a resident or nonresident must be adopted by

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

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

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

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

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

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

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

28  372.57(4)(f). Each license must be permanently attached to the

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

30  returned to the commission for issuance of a replacement

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

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

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

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

  4  based upon economic and administrative limitations.

  5         Section 3.  Section 372.579, Florida Statutes, is

  6  created to read:

  7         372.579  Processing applications for licenses and

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

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

10  chapter 39, Florida Administrative Code. The commission shall

11  annually report actions taken under this section to the

12  President of the Senate and the Speaker of the House of

13  Representatives.

14         Section 4.  Subsection (1) of section 372.661, Florida

15  Statutes, is amended to read:

16         372.661  Private hunting preserve, license;

17  exception.--

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

19  commercially or otherwise shall be required to pay a license

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

21  during the open season established for wild game of any

22  species a private individual may take artificially propagated

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

24  particular species without being required to pay the license

25  fee required by this section; provided further that if any

26  such individual shall charge a fee for taking such game she or

27  he shall be required to pay the license fee required by this

28  section and to comply with the rules and regulations of the

29  Fish and Wildlife Conservation Commission relative to the

30  operation of private hunting preserves.

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  1         Section 5.  Section 372.87, Florida Statutes, is

  2  amended to read:

  3         372.87  License fee; renewal, revocation.--The Fish and

  4  Wildlife Conservation Commission is hereby authorized and

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

  6  possessing, or exhibiting of poisonous or venomous reptiles,

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

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

  9  reasonable rules and regulations as said commission may

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

11  permit may be revoked by the Fish and Wildlife Conservation

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

13  372.86-372.91 or upon violation of any of the rules and

14  regulations prescribed by said commission relating to the

15  keeping, possessing, and exhibiting of any poisonous and

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

17  annual period to be prescribed by the said commission and

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

19  $25 $5 fee and shall be subject to the same conditions,

20  limitations, and restrictions as herein set forth.

21         Section 6.  Subsections (1), (2), and (4) of section

22  372.921, Florida Statutes, are amended to read:

23         372.921  Exhibition of wildlife.--

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

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

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

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

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

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

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

31  permit from the Fish and Wildlife Conservation Commission

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

  2  possession in captivity the species and number of wildlife

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

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

  5  of the Fish and Wildlife Conservation Commission.

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

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

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

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

10  of $100 $5 per annum.

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

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

13  per annum.

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

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

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

18  Fish and Wildlife Conservation Commission with the application

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

20  in the State Game Fund.

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

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

23  to inspection by officers of the Fish and Wildlife

24  Conservation Commission at all times.  The commission shall

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

26  wildlife, specifically birds, mammals, amphibians, or

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

28  found that conditions under which they are being confined are

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

30  species of wildlife are being maltreated, mistreated, or

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

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

  2  Before any such wildlife is confiscated or released under the

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

  4  advised in writing of the existence of such unsatisfactory

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

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

  7  correct such conditions; the owner shall have had an

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

  9  commission shall have ordered such confiscation or release

10  after careful consideration of all evidence in the particular

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

12  constitute final agency action.

13         Section 7.  Subsections (2) and (3) of section 372.922,

14  Florida Statutes, are amended to read:

15         372.922  Personal possession of wildlife.--

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

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

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

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

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

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

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

23  commission, the sum of $25 per annum.

24         (3)  The commission shall adopt rules promulgate

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

26  types of wildlife.  The commission shall also establish

27  regulations and requirements necessary to ensure that permits

28  are granted only to persons qualified to possess and care

29  properly for wildlife and that permitted wildlife possessed as

30  personal pets will be maintained in sanitary surroundings and

31  appropriate neighborhoods.

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  1         Section 8.  This act shall take effect July 1, 2000.

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  4                          SENATE SUMMARY

  5    Revises various license and permit fees of the Fish and
      Wildlife Conservation Commission. Authorizes new licenses
  6    and fees.

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