Senate Bill sb1204er

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  1

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 370.06,

  4         F.S.; recognizing the Railroad Retirement Board

  5         for making certain disability determinations;

  6         amending s. 370.13, F.S.; renaming depredation

  7         endorsements as depredation permits; providing

  8         permit requirements; amending s. 370.19, F.S.;

  9         providing for legislative appointments to the

10         Atlantic States Marine Fisheries Commission;

11         amending s. 370.20, F.S.; providing for

12         legislative appointments to the Gulf States

13         Marine Fisheries Commission; amending s.

14         370.25, F.S.; conforming the responsibilities

15         for issuing artificial-reef permits with

16         transfer of duties to the Department of

17         Environmental Protection; amending s. 374.977,

18         F.S.; conforming the responsibilities for

19         posting and maintaining regulatory waterway

20         markers with the transfer of duties to the Fish

21         and Wildlife Conservation Commission;

22         encouraging the release and feeding of certain

23         quail; amending s. 372.57, F.S.; deleting

24         requirements for the use of certain fees to

25         subsidize the private landowner payment

26         program; providing an effective date.

27

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

29

30         Section 1.  Paragraph (a) of Subsection (2) of section

31  370.06, Florida Statutes, is amended to read:


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  1         370.06  Licenses.--

  2         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

  5  saltwater products, or which harvests saltwater products with

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

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

  8  aquaculture certificate under s. 597.004 is not required to

  9  purchase and possess a saltwater products license in order to

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

11  saltwater products license allows the holder to engage in any

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

13  license must be in the possession of the licenseholder or

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

15  time that harvesting activities for which a license is

16  required are being conducted. A restricted species endorsement

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

18  licensed wholesale dealer those species which the state, by

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

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

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

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

23  attributable to the sale of saltwater products pursuant to a

24  license issued under this paragraph or a similar license from

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

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

27  its income is attributable to the sale of saltwater products

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

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

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

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


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

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

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

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

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

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

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

  8  attributable to work, employment, entrepreneurship, pensions,

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

10  existing restricted species endorsement, a marine aquaculture

11  producer possessing a valid saltwater products license with a

12  restricted species endorsement may apply income from the sale

13  of marine aquaculture products to licensed wholesale dealers.

14         1.  The commission is authorized to require

15  verification of such income. Acceptable proof of income earned

16  from the sale of saltwater products shall be:

17         a.  Copies of trip ticket records generated pursuant to

18  this subsection (marine fisheries information system),

19  documenting qualifying sale of saltwater products;

20         b.  Copies of sales records from locales other than

21  Florida documenting qualifying sale of saltwater products;

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

23  including Form 1099 attachments, verifying income earned from

24  the sale of saltwater products;

25         d.  Crew share statements verifying income earned from

26  the sale of saltwater products; or

27         e.  A certified public accountant's notarized statement

28  attesting to qualifying source and amount of income.

29

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

31  Florida Statutes to the contrary notwithstanding, any person


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

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

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

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

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

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

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

  8  seafood market or restaurant and in his or her saltwater

  9  products enterprise by affidavit and shall thereupon be issued

10  a restricted species endorsement.

11         2.  Exceptions from income requirements shall be as

12  follows:

13         a.  A permanent restricted species endorsement shall be

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

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

16         b.  Active military duty time shall be excluded from

17  consideration of time necessary to qualify and shall not be

18  counted against the applicant for purposes of qualifying.

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

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

21  for a restricted species endorsement, the purchaser of such

22  vessel shall be exempted from the qualifying income

23  requirement for the purpose of obtaining a restricted species

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

25  vessel.

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

27  possessing a restricted species endorsement, an immediate

28  family member wishing to carry on the fishing operation shall

29  be exempted from the qualifying income requirement for the

30  purpose of obtaining a restricted species endorsement for a

31  period of 1 year after the death or disablement.


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  1         e.  A restricted species endorsement may be issued on

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

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

  4  the sale of saltwater products pursuant to the provisions of

  5  this paragraph.

  6         f.  A permanent restricted species endorsement may also

  7  be issued on an individual saltwater products license to a

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

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

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

11  permanently disabled by the Railroad Retirement Board, by the

12  United States Department of Veterans Affairs or its

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

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

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

16  proof of the same, or any resident certified to be totally

17  disabled by the United States Social Security Administration,

18  upon proof of the same, shall be exempted from the income

19  requirements if he or she also has held a saltwater products

20  license for at least 3 of the last 5 license years prior to

21  the date of the disability.

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

23  States Social Security Administration is not sufficient

24  certification for a resident to obtain the income exemption

25  unless the notice certifies that the resident is totally

26  disabled.

27

28  At least one saltwater products license bearing a restricted

29  species endorsement shall be aboard any vessel harvesting

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

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


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  1  vessel shall have a commercial vessel registration. This

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

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

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

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

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

  7  shall be issued with each saltwater products license issued to

  8  a valid boat registration number. The saltwater products

  9  license decal shall be the same color as the vessel

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

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

12  The saltwater products license decal shall be placed beside

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

14  undocumented vessel, shall be placed so that the vessel

15  registration decal lies between the vessel registration number

16  and the saltwater products license decal. Any saltwater

17  products license decal for a previous year shall be removed

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

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

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

21  for a saltwater products license issued to a valid boat

22  registration number. A nonresident shall pay an annual license

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

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

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

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

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

28  products license issued to a valid boat registration number.

29  Any person who sells saltwater products pursuant to this

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

31  saltwater products license must be presented to the licensed


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

  2  imprint made thereof. The wholesale dealer shall keep records

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

  4  of the commission not in conflict with s. 370.07(6), and shall

  5  provide the holder of the saltwater products license with a

  6  copy of the record. It is unlawful for any licensed wholesale

  7  dealer to buy saltwater products from any unlicensed person

  8  under the provisions of this section, except that a licensed

  9  wholesale dealer may buy from another licensed wholesale

10  dealer. It is unlawful for any licensed wholesale dealer to

11  buy saltwater products designated as "restricted species" from

12  any person, firm, or corporation not possessing a restricted

13  species endorsement on his or her saltwater products license

14  under the provisions of this section, except that a licensed

15  wholesale dealer may buy from another licensed wholesale

16  dealer. The commission shall be the licensing agency, may

17  contract with private persons or entities to implement aspects

18  of the licensing program, and shall establish by rule a marine

19  fisheries information system in conjunction with the licensing

20  program to gather fisheries data.

21         Section 2.  Subsection (3) of section 370.13, Florida

22  Statutes, is amended to read:

23         370.13  Stone crab; regulation.--

24         (3)  DEPREDATION PERMITS ENDORSEMENTS.--The Fish and

25  Wildlife Conservation Commission shall issue a depredation

26  permit upon request to any marine aquaculture producer, as

27  defined in s. 370.26, engaged in the culture of shellfish

28  endorsement on the saltwater products license, which shall

29  entitle the aquaculture producer licenseholder to possess and

30  use up to 75 stone crab traps and up to 75 blue crab traps,

31  notwithstanding any other provisions of law, for the sole


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  1  purpose of taking incidental take of destructive or nuisance

  2  stone crabs or blue crabs within 1 mile of the producer's

  3  aquaculture shellfish beds. Any marine aquaculture producer as

  4  defined by s. 370.26 who raises shellfish may obtain a

  5  depredation endorsement by providing an aquaculture

  6  registration certificate to the commission. No Stone crabs or

  7  blue crabs taken under this subsection may not be sold,

  8  bartered, exchanged, or offered for sale, barter, or exchange.

  9         Section 3.  Subsections (1) and (2) of section 370.19,

10  Florida Statutes, are amended to read:

11         370.19  Atlantic States Marine Fisheries Compact;

12  implementing legislation.--

13         (1)  FORM.--The Governor of this state is hereby

14  authorized and directed to execute a compact on behalf of the

15  State of Florida with any one or more of the States of Maine,

16  New Hampshire, Massachusetts, Rhode Island, Connecticut, New

17  York, New Jersey, Delaware, Maryland, Virginia, North

18  Carolina, South Carolina, and Georgia, and with such other

19  states as may enter into the compact, legally joining therein

20  in the form substantially as follows:

21

22                 ATLANTIC STATES MARINE FISHERIES

23                             COMPACT

24

25         The contracting states solemnly agree:

26

27                            ARTICLE I

28

29         The purpose of this compact is to promote the better

30  utilization of the fisheries, marine, shell, and anadromous,

31  of the Atlantic seaboard by the development of a joint program


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  1  for the promotion and protection of such fisheries, and by the

  2  prevention of the physical waste of the fisheries from any

  3  cause.  It is not the purpose of this compact to authorize the

  4  states joining herein to limit the production of fish or fish

  5  products for the purpose of establishing or fixing the price

  6  thereof, or creating and perpetuating a monopoly.

  7

  8                            ARTICLE II

  9

10         This agreement shall become operative immediately as to

11  those states executing it whenever any two or more of the

12  States of Maine, New Hampshire, Massachusetts, Rhode Island,

13  Connecticut, New York, New Jersey, Delaware, Maryland,

14  Virginia, North Carolina, South Carolina, Georgia and Florida

15  have executed it in the form that is in accordance with the

16  laws of the executing state and the Congress has given its

17  consent.  Any state contiguous with any of the aforementioned

18  states and riparian upon waters frequented by anadromous fish,

19  flowing into waters under the jurisdiction of any of the

20  aforementioned states, may become a party hereto as

21  hereinafter provided.

22

23                           ARTICLE III

24

25         Each state joining herein shall appoint three

26  representatives to a commission hereby constituted and

27  designated as the Atlantic States Marine Fisheries Commission.

28  One shall be the executive officer of the administrative

29  agency of such state charged with the conservation of the

30  fisheries resources to which this compact pertains or, if

31  there be more than one officer or agency, the official of that


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  1  state named by the governor thereof. The second shall be a

  2  member of the legislature of such state designated by such

  3  legislature or, in the absence of such designation, such

  4  legislator shall be designated by the governor thereof,

  5  provided that if it is constitutionally impossible to appoint

  6  a legislator as a commissioner from such state, the second

  7  member shall be appointed in such manner as is established by

  8  law the house committee on commerce and reciprocal trade of

  9  such state. The third shall be a citizen who shall have a

10  knowledge of and interest in the marine fisheries problem to

11  be appointed by the governor. This commission shall be a body

12  corporate with the powers and duties set forth herein.

13

14                            ARTICLE IV

15

16         The duty of the said commission shall be to make

17  inquiry and ascertain from time to time such methods,

18  practices, circumstances and conditions as may be disclosed

19  for bringing about the conservation and the prevention of the

20  depletion and physical waste of the fisheries, marine, shell

21  and anadromous, of the Atlantic seaboard.  The commission

22  shall have power to recommend the coordination of the exercise

23  of the police powers of the several states within their

24  respective jurisdictions to promote the preservation of those

25  fisheries and their protection against overfishing, waste,

26  depletion or any abuse whatsoever and to assure a continuing

27  yield from the fisheries resources of the aforementioned

28  states.

29         To that end the commission shall draft and, after

30  consultation with the advisory committee hereinafter

31  authorized, recommend to the governors and legislatures of the


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  1  various signatory states legislation dealing with the

  2  conservation of the marine, shell and anadromous fisheries of

  3  the Atlantic seaboard.  The commission shall, more than one

  4  month prior to any regular meeting of the legislature in any

  5  signatory state, present to the governor of the state its

  6  recommendations relating to enactments to be made by the

  7  legislature of that state in furthering the intents and

  8  purposes of this compact.

  9         The commission shall consult with and advise the

10  pertinent administrative agencies in the states party hereto

11  with regard to problems connected with the fisheries and

12  recommend the adoption of such regulations as it deems

13  advisable.

14         The commission shall have power to recommend to the

15  states party hereto the stocking of the waters of such states

16  with fish and fish eggs or joint stocking by some or all of

17  the states party hereto and when two or more of the states

18  shall jointly stock waters the commission shall act as the

19  coordinating agency for such stocking.

20

21                            ARTICLE V

22

23         The commission shall elect from its number a chair and

24  a vice chair and shall appoint and at its pleasure remove or

25  discharge such officers and employees as may be required to

26  carry the provisions of this compact into effect and shall fix

27  and determine their duties, qualifications and compensation.

28  Said commission shall adopt rules and regulations for the

29  conduct of its business.  It may establish and maintain one or

30  more offices for the transaction of its business and may meet

31  at any time or place but must meet at least once a year.


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  1

  2                            ARTICLE VI

  3

  4         No action shall be taken by the commission in regard to

  5  its general affairs except by the affirmative vote of a

  6  majority of the whole number of compacting states present at

  7  any meeting.  No recommendation shall be made by the

  8  commission in regard to any species of fish except by the

  9  affirmative vote of a majority of the compacting states which

10  have an interest in such species. The commission shall define

11  what shall be an interest.

12

13                           ARTICLE VII

14

15         The Fish and Wildlife Service of the Department of the

16  Interior of the Government of the United States shall act as

17  the primary research agency of the Atlantic States Marine

18  Fisheries Commission cooperating with the research agencies in

19  each state for that purpose.  Representatives of the said Fish

20  and Wildlife Service shall attend the meetings of the

21  commission.

22         An advisory committee to be representative of the

23  commercial fishers and the saltwater anglers and such other

24  interests of each state as the commission deems advisable

25  shall be established by the commission as soon as practicable

26  for the purpose of advising the commission upon such

27  recommendations as it may desire to make.

28

29                           ARTICLE VIII

30

31


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  1         When any state other than those named specifically in

  2  Article II of this compact shall become a party thereto for

  3  the purpose of conserving its anadromous fish in accordance

  4  with the provisions of Article II the participation of such

  5  state in the action of the commission shall be limited to such

  6  species of anadromous fish.

  7

  8                            ARTICLE IX

  9

10         Nothing in this compact shall be construed to limit the

11  powers of any signatory state or to repeal or prevent the

12  enactment of any legislation or the enforcement of any

13  requirement by any signatory state imposing additional

14  conditions to conserve its fisheries.

15

16                            ARTICLE X

17

18         Continued absence of representation or of any

19  representative on the commission from any state party hereto

20  shall be brought to the attention of the governor thereof.

21

22                            ARTICLE XI

23

24         The states party hereto agree to make annual

25  appropriations to the support of the commission in proportion

26  to the primary market value of the products of their

27  fisheries, exclusive of cod and haddock, as recorded in the

28  most recent published reports of the Fish and Wildlife Service

29  of the United States Department of the Interior, provided no

30  state shall contribute less than $200 per annum and the annual

31


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  1  contribution of each state above the minimum shall be figured

  2  to the nearest $100.

  3         The compacting states agree to appropriate initially

  4  the annual amounts scheduled below, which amounts are

  5  calculated in the manner set forth herein, on the basis of the

  6  catch record of 1938. Subsequent budgets shall be recommended

  7  by a majority of the commission and the cost thereof allocated

  8  equitably among the states in accordance with their respective

  9  interests and submitted to the compacting states.

10

11                    Schedule of Initial Annual

12                       State Contributions

13         Maine..............................................$700

14         New Hampshire.......................................200

15         Massachusetts.....................................2,300

16         Rhode Island........................................300

17         Connecticut.........................................400

18         New York..........................................1,300

19         New Jersey..........................................800

20         Delaware............................................200

21         Maryland............................................700

22         Virginia..........................................1,300

23         North Carolina......................................600

24         South Carolina......................................200

25         Georgia.............................................200

26         Florida...........................................1,500

27

28                           ARTICLE XII

29

30         This compact shall continue in force and remain binding

31  upon each compacting state until renounced by it.


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  1  Renunciation of this compact must be preceded by sending 6

  2  months' notice in writing of intention to withdraw from the

  3  compact to the other states party hereto.

  4         (2)  COMMISSIONERS; APPOINTMENT AND REMOVAL.--In

  5  pursuance of Article III of said compact there shall be three

  6  members (hereinafter called commissioners) of the Atlantic

  7  States Marine Fisheries Commission (hereinafter called

  8  commission) from this state. The first commissioner from this

  9  state shall be the Executive Director of the Fish and Wildlife

10  Conservation Commission, ex officio, and the term of any such

11  ex officio commissioner shall terminate at the time he or she

12  ceases to hold said office of Executive Director of the Fish

13  and Wildlife Conservation Commission, and his or her successor

14  as commissioner shall be his or her successor as executive

15  director. The second commissioner from this state shall be a

16  legislator appointed on a rotating basis by the President of

17  the Senate or the Speaker of the House of Representatives,

18  beginning with the appointment of a member of the Senate, and

19  member of the house committee on commerce and reciprocal trade

20  (of the State of Florida, ex officio, designated by said house

21  committee on commerce and reciprocal trade), and the term of

22  any such ex officio commissioner shall terminate at the time

23  he or she ceases to hold said legislative office as

24  commissioner on interstate cooperation, and his or her

25  successor as commissioner shall be named in like manner. The

26  Governor (subject to confirmation by the Senate), shall

27  appoint a citizen as a third commissioner who shall have a

28  knowledge of, and interest in, the marine fisheries problem.

29  The term of said commissioner shall be 3 years and the

30  commissioner shall hold office until a successor shall be

31  appointed and qualified. Vacancies occurring in the office of


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  1  such commissioner from any reason or cause shall be filled by

  2  appointment by the Governor (subject to confirmation by the

  3  Senate), for the unexpired term. The Executive Director of the

  4  Fish and Wildlife Conservation Commission as ex officio

  5  commissioner may delegate, from time to time, to any deputy or

  6  other subordinate in his or her department or office, the

  7  power to be present and participate, including voting, as his

  8  or her representative or substitute at any meeting of or

  9  hearing by or other proceeding of the commission. The terms of

10  each of the initial three members shall begin at the date of

11  the appointment of the appointive commissioner, provided the

12  said compact shall then have gone into effect in accordance

13  with Article II of the compact; otherwise, they shall begin

14  upon the date upon which said compact shall become effective

15  in accordance with said Article II. Any commissioner may be

16  removed from office by the Governor upon charges and after a

17  hearing.

18         Section 4.  Subsection (2) of section 370.20, Florida

19  Statutes, is amended to read:

20         370.20  Gulf States Marine Fisheries Compact;

21  implementing legislation.--

22         (2)  MEMBERS OF COMMISSION; TERM OF OFFICE.--In

23  pursuance of article III of said compact, there shall be three

24  members (hereinafter called commissioners) of the Gulf States

25  Marine Fisheries Commission (hereafter called commission) from

26  the State of Florida. The first commissioner from the State of

27  Florida shall be the Executive Director of the Fish and

28  Wildlife Conservation Commission, ex officio, and the term of

29  any such ex officio commissioner shall terminate at the time

30  he or she ceases to hold said office of Executive Director of

31  the Fish and Wildlife Conservation Commission, and his or her


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  1  successor as commissioner shall be his or her successor as

  2  executive director. The second commissioner from the State of

  3  Florida shall be a legislator appointed on a rotating basis by

  4  the President of the Senate or the Speaker of the House of

  5  Representatives, beginning with the appointment of a member of

  6  the House of Representatives, and a member of the house

  7  committee on commerce and reciprocal trade (of the State of

  8  Florida ex officio, designated by said house committee on

  9  commerce and reciprocal trade), and the term of any such ex

10  officio commissioner shall terminate at the time he or she

11  ceases to hold said legislative office as commissioner on

12  interstate cooperation, and his or her successor as

13  commissioner shall be named in like manner. The Governor

14  (subject to confirmation by the Senate) shall appoint a

15  citizen as a third commissioner who shall have a knowledge of

16  and interest in the marine fisheries problem. The term of said

17  commissioner shall be 3 years and the commissioner shall hold

18  office until a successor shall be appointed and qualified.

19  Vacancies occurring in the office of such commissioner from

20  any reason or cause shall be filled by appointment by the

21  Governor (subject to confirmation by the Senate) for the

22  unexpired term. The Executive Director of the Fish and

23  Wildlife Conservation Commission, as ex officio commissioner,

24  may delegate, from time to time, to any deputy or other

25  subordinate in his or her department or office, the power to

26  be present and participate, including voting, as his or her

27  representative or substitute at any meeting of or hearing by

28  or other proceeding of the commission. The terms of each of

29  the initial three members shall begin at the date of the

30  appointment of the appointive commissioner, provided the said

31  compact shall then have gone into effect in accordance with


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  1  article II of the compact; otherwise they shall begin upon the

  2  date upon which said compact shall become effective in

  3  accordance with said article II.

  4         Any commissioner may be removed from office by the

  5  Governor upon charges and after a hearing.

  6         Section 5.  Paragraph (a) of subsection (6) of Section

  7  370.25, Florida Statutes, is amended to read:

  8         370.25  Artificial reef program; grants and financial

  9  and technical assistance to local governments.--

10         (6)  It is unlawful for any person to:

11         (a)  Place artificial-reef-construction materials in

12  state waters outside zones permitted under the terms and

13  conditions defined in any artificial-reef permits issued by

14  the United States Army Corps of Engineers or by the Department

15  of Environmental Protection Fish and Wildlife Conservation

16  Commission.

17         Section 6.  Section 374.977, Florida Statutes, is

18  amended to read:

19         374.977  Inland navigation districts; manatee

20  protection speed zones, responsibility for sign posting.--Each

21  inland navigation district shall be responsible for posting

22  and maintaining regulatory markers, as approved by the Fish

23  and Wildlife Conservation Commission Department of

24  Environmental Protection, for manatee protection speed zones.

25  Such responsibility shall not be limited to the intracoastal

26  waterway, but shall include all waters within each member

27  county for which regulatory markers must be posted. Sign

28  locations shall be jointly selected by the Fish and Wildlife

29  Conservation Commission Department of Environmental Protection

30  and the appropriate inland navigation district, pending

31  necessary federal, state and local approvals. Should an inland


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  1  navigation district lack the resources or otherwise be unable

  2  to carry out its sign posting and maintenance duties, this

  3  responsibility shall then be assumed by the Fish and Wildlife

  4  Conservation Commission Department of Environmental

  5  Protection.

  6         Section 7.  State agencies and water management

  7  districts that manage lands for public hunting are encouraged

  8  to authorize the release and feeding of breeder-raised and

  9  wild quail on such lands to increase quail hunting

10  opportunities and replenish quail population in the state.

11         Section 8.  Paragraph (b) of subsection (4) of section

12  372.57, Florida Statutes, is amended to read:

13         372.57  Licenses and permits; exemptions; fees.--No

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

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

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

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

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

19  or authorization shall authorize the person to whom it is

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

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

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

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

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

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

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

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

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

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

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

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


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

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

  3  5-year license, or when otherwise required by the license or

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

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

  6  issuance, and other pertinent information as deemed necessary

  7  by the commission.  A certified copy of the applicant's birth

  8  certificate shall accompany each application for a lifetime

  9  license for a resident 12 years of age or younger. Each

10  applicant for a license, permit, or authorization shall

11  provide the applicant's social security number on the

12  application form. Disclosure of social security numbers

13  obtained through this requirement shall be limited to the

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

15  enforcement program and use by the commission, and as

16  otherwise provided by law.

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

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

19  fishing, and recreational uses, and the activities authorized

20  thereby, are:

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

22  otherwise use for outdoor recreational purposes, land owned,

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

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

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

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

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

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

29  annual management area permit. Other than for hunting or

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

31  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         Section 9.  This act shall take effect July 1, 2001.

29

30

31


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