HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Dockery, Harrington, and Needelman offered
12 the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Subsection (4) of section 327.73, Florida
19 Statutes, is amended to read:
20 327.73 Noncriminal infractions.--
21 (4) Any person charged with a noncriminal infraction
22 under this section may:
23 (a) Pay the civil penalty, either by mail or in
24 person, within 30 days of the date of receiving the citation;
25 or,
26 (b) If he or she has posted bond, forfeit bond by not
27 appearing at the designated time and location.
28
29 If the person cited follows either of the above procedures, he
30 or she shall be deemed to have admitted the noncriminal
31 infraction and to have waived the right to a hearing on the
1
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 issue of commission of the infraction. Such admission shall
2 not be used as evidence in any other proceedings. If a person
3 who is cited for a violation of s. 327.395 can show a boating
4 safety identification card issued to him or her and valid at
5 the time of the citation, the clerk of the court may dismiss
6 the case and may assess a $5 dismissal fee.
7 Section 2. Subsection (1) of section 328.72, Florida
8 Statutes, and subsection (15) of said section as amended by
9 section 31 of chapter 2000-362, Laws of Florida, are amended
10 to read:
11 328.72 Classification; registration; fees and charges;
12 surcharge; disposition of fees; fines; marine turtle
13 stickers.--
14 (1) VESSEL REGISTRATION FEE.--Vessels that are
15 required to be registered shall be classified for registration
16 purposes according to the following schedule, and the
17 registration certificate fee shall be in the following
18 amounts. The county portion of the vessel registration fee is
19 derived from recreational vessels only.:
20 Class A-1--Less than 12 feet in length, and all canoes
21 to which propulsion motors have been attached, regardless of
22 length...................................................$3.50
23 Class A-2--12 feet or more and less than 16 feet in
24 length...................................................10.50
25 (To county)...............................................2.85
26 Class 1--16 feet or more and less than 26 feet in
27 length...................................................18.50
28 (To county)...............................................8.85
29 Class 2--26 feet or more and less than 40 feet in
30 length...................................................50.50
31 (To county)..............................................32.85
2
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 Class 3--40 feet or more and less than 65 feet in
2 length...................................................82.50
3 (To county)..............................................56.85
4 Class 4--65 feet or more and less than 110 feet in
5 length...................................................98.50
6 (To county)..............................................68.85
7 Class 5--110 feet or more in length..............122.50
8 (To county)..............................................86.85
9 Dealer registration certificate ..................16.50
10 (15) DISTRIBUTION OF FEES.--Moneys designated for the
11 use of the counties, as specified in subsection (1), shall be
12 distributed by the tax collector to the board of county
13 commissioners for use as provided in this section. Such
14 moneys to be returned to the counties are for the sole
15 purposes of providing recreational channel marking and public
16 launching facilities and other boating-related activities, for
17 removal of vessels and floating structures deemed a hazard to
18 public safety and health for failure to comply with s. 327.53,
19 and for manatee and marine mammal protection and recovery. The
20 county portion of the vessel registration certificate fee
21 collected by the Fast Title Section of the Bureau of Titles
22 and Registration of the Department of Highway Safety and Motor
23 Vehicles must be returned to the vessel owner's county of
24 Florida residence.
25 Section 3. Subsection (1) of section 328.76, Florida
26 Statutes, is amended to read:
27 328.76 Marine Resources Conservation Trust Fund;
28 vessel registration funds; appropriation and distribution.--
29 (1) Except as otherwise specified and less any
30 administrative costs, all funds collected from the
31 registration of vessels through the Department of Highway
3
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 Safety and Motor Vehicles and the tax collectors of the state
2 shall be deposited in the Marine Resources Conservation Trust
3 Fund for recreational channel marking; public launching
4 facilities; law enforcement and quality control programs;
5 aquatic weed control; manatee protection, recovery, rescue,
6 rehabilitation, and release; and marine mammal protection and
7 recovery. The funds collected pursuant to s. 328.72(1) shall
8 be transferred as follows:
9 (a) In each fiscal year, an amount equal to $1.50 for
10 each commercial and noncommercial vessel registered in this
11 state shall be transferred to the Save the Manatee Trust Fund
12 and shall be used only for the purposes specified in s.
13 370.12(4).
14 (b) An amount equal to $2 two dollars from each
15 noncommercial vessel registration fee, except that for class
16 A-1 vessels, shall be transferred to the Invasive Plant
17 Control Trust Fund for aquatic weed research and control.
18 (c) An amount equal to 40 forty percent of the
19 registration fees from commercial vessels shall be transferred
20 to the Invasive Plant Control Trust Fund for aquatic plant
21 research and control.
22 (d) An amount equal to 40 forty percent of the
23 registration fees from commercial vessels shall be transferred
24 by the Department of Highway Safety and Motor Vehicles, on a
25 monthly basis, to the General Inspection Trust Fund of the
26 Department of Agriculture and Consumer Services. These funds
27 shall be used for shellfish and aquaculture law enforcement
28 and quality control programs.
29 Section 4. Paragraph (a) of subsection (2) of section
30 370.06, Florida Statutes, is amended to read:
31 370.06 Licenses.--
4
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 (2) SALTWATER PRODUCTS LICENSE.--
2 (a) Every person, firm, or corporation that sells,
3 offers for sale, barters, or exchanges for merchandise any
4 saltwater products, or which harvests saltwater products with
5 certain gear or equipment as specified by law, must have a
6 valid saltwater products license, except that the holder of an
7 aquaculture certificate under s. 597.004 is not required to
8 purchase and possess a saltwater products license in order to
9 possess, transport, or sell marine aquaculture products. Each
10 saltwater products license allows the holder to engage in any
11 of the activities for which the license is required. The
12 license must be in the possession of the licenseholder or
13 aboard the vessel and shall be subject to inspection at any
14 time that harvesting activities for which a license is
15 required are being conducted. A restricted species endorsement
16 on the saltwater products license is required to sell to a
17 licensed wholesale dealer those species which the state, by
18 law or rule, has designated as "restricted species." This
19 endorsement may be issued only to a person who is at least 16
20 years of age, or to a firm certifying that over 25 percent of
21 its income or $5,000 of its income, whichever is less, is
22 attributable to the sale of saltwater products pursuant to a
23 license issued under this paragraph or a similar license from
24 another state. This endorsement may also be issued to a
25 for-profit corporation if it certifies that at least $5,000 of
26 its income is attributable to the sale of saltwater products
27 pursuant to a license issued under this paragraph or a similar
28 license from another state. However, if at least 50 percent of
29 the annual income of a person, firm, or for-profit corporation
30 is derived from charter fishing, the person, firm, or
31 for-profit corporation must certify that at least $2,500 of
5
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 the income of the person, firm, or corporation is attributable
2 to the sale of saltwater products pursuant to a license issued
3 under this paragraph or a similar license from another state,
4 in order to be issued the endorsement. Such income attribution
5 must apply to at least 1 year out of the last 3 years. For the
6 purpose of this section "income" means that income which is
7 attributable to work, employment, entrepreneurship, pensions,
8 retirement benefits, and social security benefits. To renew an
9 existing restricted species endorsement, a marine aquaculture
10 producer possessing a valid saltwater products license with a
11 restricted species endorsement may apply income from the sale
12 of marine aquaculture products to licensed wholesale dealers.
13 1. The commission is authorized to require
14 verification of such income. Acceptable proof of income earned
15 from the sale of saltwater products shall be:
16 a. Copies of trip ticket records generated pursuant to
17 this subsection (marine fisheries information system),
18 documenting qualifying sale of saltwater products;
19 b. Copies of sales records from locales other than
20 Florida documenting qualifying sale of saltwater products;
21 c. A copy of the applicable federal income tax return,
22 including Form 1099 attachments, verifying income earned from
23 the sale of saltwater products;
24 d. Crew share statements verifying income earned from
25 the sale of saltwater products; or
26 e. A certified public accountant's notarized statement
27 attesting to qualifying source and amount of income.
28
29 Any provision of this section or any other section of the
30 Florida Statutes to the contrary notwithstanding, any person
31 who owns a retail seafood market or restaurant at a fixed
6
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 location for at least 3 years who has had an occupational
2 license for 3 years prior to January 1, 1990, who harvests
3 saltwater products to supply his or her retail store and has
4 had a saltwater products license for 1 of the past 3 years
5 prior to January 1, 1990, may provide proof of his or her
6 verification of income and sales value at the person's retail
7 seafood market or restaurant and in his or her saltwater
8 products enterprise by affidavit and shall thereupon be issued
9 a restricted species endorsement.
10 2. Exceptions from income requirements shall be as
11 follows:
12 a. A permanent restricted species endorsement shall be
13 available to those persons age 62 and older who have qualified
14 for such endorsement for at least 3 out of the last 5 years.
15 b. Active military duty time shall be excluded from
16 consideration of time necessary to qualify and shall not be
17 counted against the applicant for purposes of qualifying.
18 c. Upon the sale of a used commercial fishing vessel
19 owned by a person, firm, or corporation possessing or eligible
20 for a restricted species endorsement, the purchaser of such
21 vessel shall be exempted from the qualifying income
22 requirement for the purpose of obtaining a restricted species
23 endorsement for a period of 1 year after purchase of the
24 vessel.
25 d. Upon the death or permanent disablement of a person
26 possessing a restricted species endorsement, an immediate
27 family member wishing to carry on the fishing operation shall
28 be exempted from the qualifying income requirement for the
29 purpose of obtaining a restricted species endorsement for a
30 period of 1 year after the death or disablement.
31 e. A restricted species endorsement may be issued on
7
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 an individual saltwater products license to a person age 62 or
2 older who documents that at least $2,500 is attributable to
3 the sale of saltwater products pursuant to the provisions of
4 this paragraph.
5 f. A permanent restricted species endorsement may also
6 be issued on an individual saltwater products license to a
7 person age 70 or older who has held a saltwater products
8 license for at least 3 of the last 5 license years.
9 g.(I) Any resident who is certified to be totally and
10 permanently disabled by the Railroad Retirement Board, by the
11 United States Department of Veterans Affairs or its
12 predecessor, or by any branch of the United States Armed
13 Forces, or who holds a valid identification card issued by the
14 Department of Veterans' Affairs pursuant to s. 295.17, upon
15 proof of the same, or any resident certified to be totally
16 disabled by the United States Social Security Administration,
17 upon proof of the same, shall be exempted from the income
18 requirements if he or she also has held a saltwater products
19 license for at least 3 of the last 5 license years prior to
20 the date of the disability.
21 (II) A Disability Award Notice issued by the United
22 States Social Security Administration is not sufficient
23 certification for a resident to obtain the income exemption
24 unless the notice certifies that the resident is totally
25 disabled.
26
27 At least one saltwater products license bearing a restricted
28 species endorsement shall be aboard any vessel harvesting
29 restricted species in excess of any bag limit or when fishing
30 under a commercial quota or in commercial quantities, and such
31 vessel shall have a commercial vessel registration. This
8
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 subsection does not apply to any person, firm, or corporation
2 licensed under s. 370.07(1)(a)1. or (b) for activities
3 pursuant to such licenses. A saltwater products license may be
4 issued in the name of an individual or a valid boat
5 registration number. Such license is not transferable. A decal
6 shall be issued with each saltwater products license issued to
7 a valid boat registration number. The saltwater products
8 license decal shall be the same color as the vessel
9 registration decal issued each year pursuant to s. 328.48(5)
10 and shall indicate the period of time such license is valid.
11 The saltwater products license decal shall be placed beside
12 the vessel registration decal and, in the case of an
13 undocumented vessel, shall be placed so that the vessel
14 registration decal lies between the vessel registration number
15 and the saltwater products license decal. Any saltwater
16 products license decal for a previous year shall be removed
17 from a vessel operating on the waters of the state. A resident
18 shall pay an annual license fee of $50 for a saltwater
19 products license issued in the name of an individual or $100
20 for a saltwater products license issued to a valid boat
21 registration number. A nonresident shall pay an annual license
22 fee of $200 for a saltwater products license issued in the
23 name of an individual or $400 for a saltwater products license
24 issued to a valid boat registration number. An alien shall pay
25 an annual license fee of $300 for a saltwater products license
26 issued in the name of an individual or $600 for a saltwater
27 products license issued to a valid boat registration number.
28 Any person who sells saltwater products pursuant to this
29 license may sell only to a licensed wholesale dealer. A
30 saltwater products license must be presented to the licensed
31 wholesale dealer each time saltwater products are sold, and an
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 imprint made thereof. The wholesale dealer shall keep records
2 of each transaction in such detail as may be required by rule
3 of the commission not in conflict with s. 370.07(6), and shall
4 provide the holder of the saltwater products license with a
5 copy of the record. It is unlawful for any licensed wholesale
6 dealer to buy saltwater products from any unlicensed person
7 under the provisions of this section, except that a licensed
8 wholesale dealer may buy from another licensed wholesale
9 dealer. It is unlawful for any licensed wholesale dealer to
10 buy saltwater products designated as "restricted species" from
11 any person, firm, or corporation not possessing a restricted
12 species endorsement on his or her saltwater products license
13 under the provisions of this section, except that a licensed
14 wholesale dealer may buy from another licensed wholesale
15 dealer. The commission shall be the licensing agency, may
16 contract with private persons or entities to implement aspects
17 of the licensing program, and shall establish by rule a marine
18 fisheries information system in conjunction with the licensing
19 program to gather fisheries data.
20 Section 5. Paragraph (c) of subsection (2) of section
21 370.0603, Florida Statutes, is amended, and subsection (4) is
22 added to said section, to read:
23 370.0603 Marine Resources Conservation Trust Fund;
24 purposes.--
25 (2) The Marine Resources Conservation Trust Fund shall
26 receive the proceeds from:
27 (c) All fees collected pursuant to ss. 370.062,
28 370.063, and 370.142, and 372.5704.
29 (4) Except as otherwise provided in this section,
30 general revenue funds transferred to the commission for
31 deposit into the Marine Resources Conservation Trust Fund
10
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 shall be used by the commission to provide additional manatee
2 protection by increasing on-the-water law enforcement.
3 Section 6. Section 370.0608, Florida Statutes, is
4 renumbered as section 372.5701, Florida Statutes, and amended
5 to read:
6 372.5701 370.0608 Deposit of license fees; allocation
7 of federal funds.--
8 (1) Except as provided in ss. 372.105 and 372.106, all
9 saltwater license and permit fees collected pursuant to s.
10 372.57 All license fees collected pursuant to s. 370.0605
11 shall be deposited into the Marine Resources Conservation
12 Trust Fund, to be used as follows:
13 (a) Not less than 35 percent of the total fees
14 collected shall be used for marine fisheries management,
15 saltwater fisheries enhancement, including but not limited to,
16 fishery statistics development, artifical reefs, and fish
17 hatcheries. Not more than 5 percent of the total fees
18 collected shall be used to carry out the responsibilities of
19 the Fish and Wildlife Conservation Commission and to provide
20 for the award of funds to marine research institutions in this
21 state for the purposes of enabling such institutions to
22 conduct worthy marine research projects.
23 (b) Not less than 2.5 percent of the total fees
24 collected shall be used for saltwater aquatic education
25 purposes.
26 (c)1. The remainder of such fees shall be used by the
27 commission department for the following program functions:
28 a. Not more than 5 percent of the total fees
29 collected, for administration of the licensing program and for
30 information and education relating to saltwater fisheries.
31 b. Not less more than 30 percent of the total fees
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 collected, for marine law enforcement.
2 c. Not less than 27.5 percent of the total fees
3 collected, for marine research.
4 d. Not less than 30 percent of the total fees
5 collected, for fishery enhancement, including, but not limited
6 to, fishery statistics development, artificial reefs, and fish
7 hatcheries.
8 2. The Legislature shall annually appropriate to the
9 commission from the General Revenue Fund for the activities
10 and programs specified in subparagraph 1. at least the same
11 amount of money as was appropriated to the Department of
12 Environmental Protection from the General Revenue Fund for
13 such activities and programs for fiscal year 1988-1989, and
14 the amounts appropriated to the commission for such activities
15 and programs from the Marine Resources Conservation Trust Fund
16 shall be in addition to the amount appropriated to the
17 commission for such activities and programs from the General
18 Revenue Fund. The proceeds from recreational saltwater fishing
19 license fees paid by fishers shall only be appropriated to the
20 commission.
21 (2) Funds available from the Wallop-Breaux Aquatic
22 Resources Trust Fund shall be distributed by the commission
23 between the Division of Freshwater Fisheries and the Division
24 of Marine Fisheries in proportion to the numbers of resident
25 fresh and saltwater anglers as determined by the most current
26 data on license sales. Unless otherwise provided by federal
27 law, the commission, at a minimum, shall provide the
28 following:
29 (a) Not less than 5 percent or more than 10 percent of
30 the funds allocated to the commission shall be expended for an
31 aquatic resources education program; and
12
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 (b) Not less than 10 percent of the funds allocated to
2 the commission shall be expended for acquisition, development,
3 renovation, or improvement of boating facilities.
4 (3) All license fees collected pursuant to s. 370.0605
5 shall be transferred to the Marine Resources Conservation
6 Trust Fund within 7 days following the last business day of
7 the week in which the license fees were received by the
8 commission. One-fifth of the total proceeds derived from the
9 sale of 5-year licenses and replacement 5-year licenses, and
10 all interest derived therefrom, shall be available for
11 appropriation annually.
12 Section 7. Section 370.0609, Florida Statutes, is
13 renumbered as section 372.5702, Florida Statutes, and amended
14 to read:
15 372.5702 370.0609 Expenditure of funds.--Any moneys
16 available pursuant to s. 372.5701 370.0608(1)(c)1.c. may shall
17 be expended by the Fish and Wildlife Conservation Commission
18 within Florida through grants and contracts for research with
19 research institutions including but not limited to: Florida
20 Sea Grant; Florida Marine Resources Council; Harbour Branch
21 Oceanographic Institute; Technological Research and
22 Development Authority; Florida Marine Research Institute of
23 the Fish and Wildlife Conservation Commission; Indian River
24 Region Research Institute; Mote Marine Laboratory; Marine
25 Resources Development Foundation; Florida Institute of
26 Oceanography; and Rosentiel School of Marine and Atmospheric
27 Science; and Smithsonian Marine Station at Ft. Pierce.
28 Section 8. Section 370.062, Florida Statutes, is
29 renumbered as section 372.5704, Florida Statutes, and
30 subsections (1) and (9) of said section are amended to read:
31 372.5704 370.062 Fish and Wildlife Conservation
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 Commission license program for tarpon; fees; penalties.--
2 (1) The Fish and Wildlife Conservation commission
3 shall establish a license program for the purpose of issuing
4 tags to individuals desiring to harvest tarpon (megalops
5 atlantica) from the waters of the state of Florida. The tags
6 shall be nontransferable, except that the commission may allow
7 for a limited number of tags to be purchased by professional
8 fishing guides for transfer to individuals, and issued by the
9 commission in order of receipt of a properly completed
10 application for a nonrefundable fee of $50 per tag. The
11 commission and any tax collector may sell the tags and collect
12 the fees therefor. Tarpon tags are valid from July 1 through
13 June 30. Before August 15 5 of each year, each tax collector
14 shall submit to the commission all unissued tags for the
15 previous fiscal calendar year along with a written audit
16 report, on forms prescribed or approved by the commission, as
17 to the numbers of the unissued tags. To defray the cost of
18 issuing any tag, the issuing tax collector shall collect and
19 retain as his or her costs, in addition to the tag fee
20 collected, the amount allowed under s. 372.561(7)(4) for the
21 issuance of licenses.
22 (9) All tag fees collected by the commission shall be
23 transferred to the Marine Resources Conservation Trust Fund
24 within 7 days following the last business day of the week in
25 which the fees were received by the commission.
26 Section 9. Subsection (3) of section 370.063, Florida
27 Statutes, is amended to read:
28 370.063 Special recreational crawfish license.--There
29 is created a special recreational crawfish license, to be
30 issued to qualified persons as provided by this section for
31 the recreational harvest of crawfish (spiny lobster) beginning
14
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 August 5, 1994.
2 (3) The holder of a special recreational crawfish
3 license must also possess the recreational crawfish permit
4 required by s. 372.57(8)(e) 370.14(10) and the license
5 required by s. 370.0605.
6 Section 10. Subsection (3) of section 370.13, Florida
7 Statutes, is amended to read:
8 370.13 Stone crab; regulation.--
9 (3) DEPREDATION PERMITS ENDORSEMENTS.--The Fish and
10 Wildlife Conservation commission shall issue a depredation
11 permit upon request to any marine aquaculture producer, as
12 defined in s. 370.26, engaged in the culture of shellfish. The
13 depredation permit endorsement on the saltwater products
14 license, which shall entitle the marine aquaculture producer
15 licenseholder to possess and use up to 75 stone crab traps and
16 up to 75 blue crab traps, notwithstanding any other provisions
17 of law, for the sole purpose of taking incidental take of
18 destructive or nuisance stone crabs or blue crabs within 1
19 mile of the producer's aquaculture shellfish beds. Any marine
20 aquaculture producer as defined by s. 370.26 who raises
21 shellfish may obtain a depredation endorsement by providing an
22 aquaculture registration certificate to the commission. No
23 stone crabs or blue crabs taken under this subsection may be
24 sold, bartered, or exchanged, or offered for sale, barter, or
25 exchange.
26 Section 11. Article III of subsection (1) and
27 subsection (2) of section 370.19, Florida Statutes, are
28 amended to read:
29 370.19 Atlantic States Marine Fisheries Compact;
30 implementing legislation.--
31 (1) FORM.--The Governor of this state is hereby
15
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 authorized and directed to execute a compact on behalf of the
2 State of Florida with any one or more of the States of Maine,
3 New Hampshire, Massachusetts, Rhode Island, Connecticut, New
4 York, New Jersey, Delaware, Maryland, Virginia, North
5 Carolina, South Carolina, and Georgia, and with such other
6 states as may enter into the compact, legally joining therein
7 in the form substantially as follows:
8
9 ATLANTIC STATES MARINE FISHERIES
10 COMPACT
11
12 The contracting states solemnly agree:
13
14 ARTICLE III
15
16 Each state joining herein shall appoint three
17 representatives to a commission hereby constituted and
18 designated as the Atlantic States Marine Fisheries Commission.
19 One shall be the executive officer of the administrative
20 agency of such state charged with the conservation of the
21 fisheries resources to which this compact pertains or, if
22 there be more than one officer or agency, the official of that
23 state named by the governor thereof. The second shall be a
24 member of the legislature of such state designated by such
25 legislature or in the absence of such designation, such
26 legislator shall be designated by the governor thereof,
27 provided that if it is constitutionally impossible to appoint
28 a legislator as a commissioner from such state, the second
29 member shall be appointed in such manner as may be established
30 by law the house committee on commerce and reciprocal trade of
31 such state. The third shall be a citizen who shall have a
16
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 knowledge of and interest in the marine fisheries problem to
2 be appointed by the governor. This commission shall be a body
3 corporate with the powers and duties set forth herein.
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
17
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
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 12. 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
18
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
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
19
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
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. Any commissioner may be
4 removed from office by the Governor upon charges and after a
5 hearing.
6 Section 13. 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 14. Paragraph (b) of subsection (2) and
18 subsection (3) of section 372.105, Florida Statutes, are
19 amended to read:
20 372.105 Lifetime Fish and Wildlife Trust Fund.--
21 (2) The principal of the fund shall be derived from
22 the following:
23 (b) Proceeds from the sale of lifetime licenses issued
24 in accordance with s. 372.57 with the exception of the
25 saltwater portion of the lifetime sportsman's license.
26 (3) The fund is declared to constitute a special trust
27 derived from a contractual relationship between the state and
28 the members of the public whose investments contribute to the
29 fund. In recognition of such special trust, the following
30 limitations and restrictions are placed on expenditures from
31 the funds:
20
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 (a) No expenditure or disbursement shall be made from
2 the principal of the fund.
3 (b) The interest income received and accruing from the
4 investments of proceeds from the sale of lifetime freshwater
5 fishing licenses and lifetime hunting licenses the fund shall
6 be spent in furtherance of the commission's exercise of the
7 regulatory and executive powers of the state with respect to
8 the management, protection, and conservation of wild animal
9 life and freshwater aquatic life as set forth in s. 9, Art. IV
10 of the State Constitution and this chapter and as otherwise
11 authorized by the Legislature.
12 (c) The interest income received and accruing from the
13 investments of proceeds from the sale of lifetime saltwater
14 fishing licenses shall be expended for marine law enforcement,
15 marine research, and marine fishery enhancement.
16 (d)(c) No expenditures or disbursements from the
17 interest income derived from the sale of lifetime licenses
18 shall be made for any purpose until the respective holders of
19 such licenses attain the age of 16 years. The Fish and
20 Wildlife Conservation Commission as administrator of the fund
21 shall determine actuarially on an annual basis the amounts of
22 interest income within the fund which may be disbursed
23 pursuant to this paragraph. The director shall cause deposits
24 of proceeds from the sale of lifetime licenses to be
25 identifiable by the ages of the license recipients.
26 (e)(d) Any limitations or restrictions specified by
27 the donors on the uses of the interest income derived from
28 gifts, grants, and voluntary contributions shall be respected
29 but shall not be binding.
30 (f)(e) The fund shall be exempt from the provisions of
31 s. 215.20.
21
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 Section 15. Section 372.106, Florida Statutes, is
2 amended to read:
3 372.106 Dedicated License Trust Fund.--
4 (1) There is established within the Fish and Wildlife
5 Conservation Commission the Dedicated License Trust Fund. The
6 fund shall be credited with moneys collected pursuant to s.
7 ss. 370.0605 and 372.57 for 5-year licenses and replacement
8 5-year licenses.
9 (2)(a) One-fifth of the total proceeds from the sale
10 of 5-year freshwater fishing and hunting licenses and
11 replacement licenses, and all interest derived therefrom,
12 shall be appropriated annually to the State Game Trust Fund.
13 (b) One-fifth of the total proceeds from the sale of
14 5-year saltwater fishing licenses and replacement licenses,
15 and all interest derived therefrom, shall be appropriated
16 annually to the Marine Resources Conservation Trust Fund.
17 (3)(2) The fund shall be exempt from the provisions of
18 s. 215.20.
19 Section 16. Subsections (1) and (4) of section 372.16,
20 Florida Statutes, are amended to read:
21 372.16 Private game preserves and farms; penalty.--
22 (1) Any person owning land in this state may, after
23 having secured a license therefor from the Fish and Wildlife
24 Conservation Commission, establish, maintain, and operate
25 within the boundaries thereof, a private preserve and farm,
26 not exceeding an area of 640 acres, for the protection,
27 preservation, propagation, rearing, and production of game
28 birds and animals for private and commercial purposes,
29 provided that no two game preserves shall join each other or
30 be connected. Before any private game preserve or farm is
31 established, the owner or operator shall secure a license from
22
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 the commission, the fee for which is $25 per year.
2 (4) Any person violating the provisions of this
3 section shall for the first offense commits be guilty of a
4 misdemeanor of the second degree, punishable as provided in s.
5 775.082 or s. 775.083, and for a second or subsequent offense
6 commits shall be guilty of a misdemeanor of the first degree,
7 punishable as provided in s. 775.082 or s. 775.083. Any
8 person convicted of violating the provisions of this section
9 shall forfeit, to the Fish and Wildlife Conservation
10 commission, any license or permit issued under this section
11 the provisions hereof; and no further license or permit shall
12 be issued to such person for a period of 1 year following such
13 conviction. Before any private game preserve or farm is
14 established, the owner or operator shall secure a license from
15 the Fish and Wildlife Conservation Commission, the fee for
16 which shall be $5 per year.
17 Section 17. Section 372.561, Florida Statutes, is
18 amended to read:
19 (Substantial rewording of section. See
20 s. 372.561, F.S., for present text.)
21 372.561 Recreational licenses, permits, and
22 authorization numbers to take wild animal life, freshwater
23 aquatic life, and marine life; issuance; costs; reporting.--
24 (1) This section applies to all recreational licenses
25 and permits and to any authorization numbers issued by the
26 commission through the electronic sale of recreational
27 licenses or permits.
28 (2) The commission shall establish forms for the
29 issuance of recreational licenses and permits.
30 (3) The commission shall issue a license, permit, or
31 authorization number to take wild animal life, freshwater
23
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 aquatic life, or marine life when an applicant provides proof
2 that she or he is entitled to such license, permit, or
3 authorization number. Each applicant for a recreational
4 license, permit, or authorization number shall provide her or
5 his social security number on the application form.
6 Disclosure of social security numbers obtained through this
7 requirement shall be limited to the purposes of administration
8 of the Title IV-D program for child support enforcement, use
9 by the commission, and as otherwise provided by law.
10 (4) The commission is authorized to establish the
11 following, using competitive bid procedures:
12 (a) A process and a vendor fee for the sale of
13 licenses, permits, and authorization numbers over the
14 telephone using a credit card.
15 (b) A process and a vendor fee for the electronic sale
16 of licenses, permits, and authorization numbers.
17 (c) A process and a vendor fee for a statewide
18 automated license system.
19 (5) Licenses and permits to take wild animal life,
20 freshwater aquatic life, or marine life may be sold by the
21 commission, by any tax collector in the state, or by any
22 subagent authorized under s. 372.574.
23 (6) In addition to any license or permit fee, the sum
24 of $1.50 shall be charged for each license or management area
25 permit to cover the cost of issuing such license or permit.
26 (7)(a)1. For each hunting or freshwater fishing
27 license sold and for each sportsman's or gold sportsman's
28 license sold, a tax collector may retain $1.
29 2. For each management area permit sold, a tax
30 collector may retain $1.
31 3. For each saltwater fishing tag or license sold,
24
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 including combination saltwater fishing and freshwater fishing
2 licenses, or combination saltwater fishing, freshwater
3 fishing, and hunting licenses, a tax collector may retain
4 $1.50.
5 (b) Tax collectors shall remit license and permit
6 moneys, along with a report of funds collected and other
7 required documentation, to the commission weekly. Tax
8 collectors shall maintain records of all licenses and permits
9 that are sold, voided, stolen, or lost.
10 1. The tax collector is responsible to the commission
11 for the fees for all licenses and permits sold and for the
12 value of all licenses and permits reported as lost.
13 2. The tax collector shall report stolen licenses and
14 permits to the appropriate law enforcement agency.
15 3. The tax collector shall submit a written report and
16 a copy of the law enforcement agency's report to the
17 commission within 5 days after discovering a theft.
18 4. The tax collector is responsible for the fees for
19 all licenses and permits sold or lost by a subagent appointed
20 pursuant to s. 372.574.
21 (8) The commission is authorized to adopt rules
22 pursuant to ss. 120.536(1) and 120.54 to implement the
23 provisions of this section.
24 Section 18. Section 372.562, Florida Statutes, is
25 created to read:
26 372.562 Recreational licenses and permits; exemptions
27 from fees and requirements.--
28 (1) Hunting, freshwater fishing, and saltwater fishing
29 licenses and permits shall be issued without fee to any
30 resident who is certified:
31 (a) To be totally and permanently disabled by the
25
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 Railroad Retirement Board, by the United States Department of
2 Veterans Affairs or its predecessor, or by any branch of the
3 United States Armed Forces, or who holds a valid
4 identification card issued under the provisions of s. 295.17,
5 upon proof of same. Any license issued under this paragraph
6 after January 1, 1997, expires after 5 years and must be
7 reissued, upon request, every 5 years thereafter.
8 (b) To be disabled by the United States Social
9 Security Administration, upon proof of same. Any license
10 issued under this paragraph after October 1, 1999, expires
11 after 2 years and must be reissued, upon proof of
12 certification of disability, every 2 years thereafter.
13
14 A disability license issued after July 1, 1997, and before
15 July 1, 2000, retains the rights vested thereunder until the
16 license has expired.
17 (2) A hunting, freshwater fishing, or saltwater
18 fishing license or permit is not required for:
19 (a) Any child under 16 years of age, except as
20 otherwise provided in this chapter.
21 (b) Any person hunting or fishing on her or his
22 homestead property, or on the homestead property of the
23 person's spouse or minor child; or any minor child hunting or
24 fishing on the homestead property of her or his parent.
25 (c) Any resident who is a member of the United States
26 Armed Forces and not stationed in this state, when home on
27 leave for 30 days or less, upon submission of orders.
28 (d) Any resident fishing for recreational purposes
29 only, within her or his county of residence with live or
30 natural bait, using poles or lines not equipped with a fishing
31 line retrieval mechanism, except on a legally established fish
26
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 management area.
2 (e) Any person fishing in a fishpond of 20 acres or
3 less that is located entirely within the private property of
4 the fishpond owner.
5 (f) Any person fishing in a fishpond that is licensed
6 in accordance with s. 372.5705.
7 (g) Any person fishing who has been accepted as a
8 client for developmental disabilities services by the
9 Department of Children and Family Services, provided the
10 department furnishes proof thereof.
11 (h) Any resident fishing in saltwater from land or
12 from a structure fixed to the land.
13 (i) Any person fishing from a vessel licensed pursuant
14 to s. 372.57(7).
15 (j) Any person fishing from a vessel the operator of
16 which is licensed pursuant to s. 372.57(7).
17 (k) Any person who holds a valid saltwater products
18 license issued under s. 370.06(2).
19 (l) Any person recreationally fishing from a pier
20 licensed under s. 372.57.
21 (m) Any resident who is fishing for mullet in
22 freshwater and who has a valid Florida freshwater fishing
23 license.
24 (n) Any resident fishing for a saltwater species in
25 freshwater from land or from a structure fixed to land.
26 (o) Any resident 65 years of age or older who has in
27 her or his possession proof of age and residency. A no-cost
28 license under this paragraph may be obtained from any tax
29 collector's office upon proof of age and residency and must be
30 in the possession of the resident during hunting, freshwater
31 fishing, and saltwater fishing activities.
27
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 Section 19. Section 372.57, Florida Statutes, is
2 amended to read:
3 (Substantial rewording of section. See
4 s. 372.57, F.S., for present text.)
5 372.57 Recreational licenses, permits, and
6 authorization numbers; fees established.--
7 (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
8 REQUIRED.--Except as provided in s. 372.562, no person shall
9 hunt, fish, or take fur-bearing animals within this state
10 without having first obtained a license, permit, or
11 authorization number and paying the fees set forth in this
12 chapter. Such license, permit, or authorization number shall
13 authorize the person to whom it is issued to hunt, fish, take
14 fur-bearing animals, and participate in outdoor recreational
15 activities in accordance with the laws of the state and rules
16 of the commission.
17 (2) NONTRANSFERABILITY; INFORMATION AND
18 DOCUMENTATION.--
19 (a) Licenses, permits, and authorization numbers
20 issued under this chapter are not transferable. Each license
21 and permit must bear on its face in indelible ink the name of
22 the person to whom it is issued and other information as
23 deemed necessary by the commission. Licenses issued to the
24 owner, operator, or custodian of a vessel that directly or
25 indirectly collects fees for taking or attempting to take or
26 possess saltwater fish for noncommercial purposes must include
27 the vessel registration number or federal documentation
28 number. Annual licenses must be dated when issued and shall
29 remain valid for 12 months after the date of issuance.
30 (b) The lifetime licenses and 5-year licenses
31 authorized in this section shall be embossed with the name,
28
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 date of birth, date of issuance, and other pertinent
2 information as deemed necessary by the commission. A certified
3 copy of the applicant's birth certificate shall accompany each
4 application for a lifetime license for a resident 12 years of
5 age or younger.
6 (c) A positive form of identification is required when
7 using a free license, a lifetime license, a 5-year license, or
8 an authorization number issued under this chapter, or when
9 otherwise required by a license or permit.
10 (3) PERSONAL POSSESSION REQUIRED.--Each license,
11 permit, or authorization number must be in the personal
12 possession of the person to whom it is issued while such
13 person is hunting, fishing, or taking fur-bearing animals. Any
14 person hunting, fishing, or taking fur-bearing animals who
15 fails to produce a license, permit, or authorization number at
16 the request of a commission law enforcement officer commits a
17 violation of the law.
18 (4) RESIDENT HUNTING AND FISHING LICENSES.--The
19 licenses and fees for residents participating in hunting and
20 fishing activities in this state are as follows:
21 (a) Annual freshwater fishing license, $12.
22 (b) Annual saltwater fishing license, $12.
23 (c) Annual hunting license to take game, $11.
24 (d) Annual combination freshwater fishing and hunting
25 license, $22.
26 (e) Annual combination freshwater fishing and
27 saltwater fishing license, $24.
28 (f) Annual combination hunting, freshwater fishing,
29 and saltwater fishing license, $34.
30 (g) Annual license to take fur-bearing animals, $25.
31 However, a resident with a valid hunting license or a no-cost
29
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 license who is taking fur-bearing animals for noncommercial
2 purposes using guns or dogs only, and not traps or other
3 devices, is not required to purchase this license. Also, a
4 resident 65 years of age or older is not required to purchase
5 this license.
6 (h) Annual sportsman's license, $66, except that an
7 annual sportsman's license for a resident 64 years of age or
8 older is $12. A sportsman's license authorizes the person to
9 whom it is issued to take freshwater fish and game, subject to
10 the state and federal laws, rules, and regulations, including
11 rules of the commission, in effect at the time of the taking.
12 Other authorized activities include activities authorized by a
13 management area permit, a muzzle-loading gun permit, a turkey
14 permit, a Florida waterfowl permit, and an archery permit.
15 (i) Annual gold sportsman's license, $82. The gold
16 sportsman's license authorizes the person to whom it is issued
17 to take freshwater fish, saltwater fish, and game, subject to
18 the state and federal laws, rules, and regulations, including
19 rules of the commission, in effect at the time of taking.
20 Other authorized activities include activities authorized by a
21 management area permit, a muzzle-loading gun permit, a turkey
22 permit, a Florida waterfowl permit, an archery permit, a snook
23 permit, and a crawfish permit.
24 (5) NONRESIDENT HUNTING AND FISHING LICENSES.--The
25 licenses and fees for nonresidents participating in hunting
26 and fishing activities in the state are as follows:
27 (a) Freshwater fishing license to take freshwater fish
28 for 7 consecutive days, $15.
29 (b) Saltwater fishing license to take saltwater fish
30 for 1 day, $7.50.
31 (c) Saltwater fishing license to take saltwater fish
30
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 for 7 consecutive days, $15.
2 (d) Annual freshwater fishing license, $30.
3 (e) Annual saltwater fishing license, $30.
4 (f) Hunting license to take game for 10 consecutive
5 days, $25.
6 (g) Annual hunting license to take game, $150.
7 (h) Annual license to take fur-bearing animals, $25.
8 However, a nonresident with a valid Florida hunting license
9 who is taking fur-bearing animals for noncommercial purposes
10 using guns or dogs only, and not traps or other devices, is
11 not required to purchase this license.
12 (6) PIER LICENSE.--A pier license for any pier fixed
13 to land for the purpose of taking or attempting to take
14 saltwater fish is $500 per year. The pier license may be
15 purchased at the option of the owner, operator, or custodian
16 of such pier and must be available for inspection at all
17 times.
18 (7) VESSEL LICENSES.--
19 (a) No person may operate any vessel wherein a fee is
20 paid, either directly or indirectly, for the purpose of
21 taking, attempting to take, or possessing any marine fish for
22 noncommercial purposes unless he or she has been issued an
23 authorization number or has obtained a license for each vessel
24 for that purpose, and has paid the license fee pursuant to
25 paragraphs (b) and (c) for such vessel.
26 (b) A license for any person who operates any vessel
27 licensed to carry more than 10 customers wherein a fee is
28 paid, either directly or indirectly, for the purpose of taking
29 or attempting to take marine fish is $800 per year. The
30 license must be kept aboard the vessel at all times.
31 (c)1. A license for any person who operates any vessel
31
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 licensed to carry no more than 10 customers, or for any person
2 licensed to operate any vessel carrying 6 or fewer customers,
3 wherein a fee is paid, either directly or indirectly, for the
4 purpose of taking or attempting to take marine fish is $400
5 per year.
6 2. A license for any person licensed to operate any
7 vessel carrying six or fewer customers wherein a fee is paid,
8 either directly or indirectly, for the purpose of taking or
9 attempting to take marine fish is $200 per year. The license
10 must be kept aboard the vessel at all times.
11 3. A person who operates a vessel required to be
12 licensed pursuant to paragraph (b) or paragraph (c) may obtain
13 a license in his or her own name, and such license shall be
14 transferable and apply to any vessel operated by the
15 purchaser, provided that the purchaser has paid the
16 appropriate license fee.
17 (d) A license for a recreational vessel not for hire
18 and for which no fee is paid, either directly or indirectly,
19 by guests for the purpose of taking or attempting to take
20 marine fish noncommercially is $2,000 per year. The license
21 may be purchased at the option of the vessel owner and must be
22 kept aboard the vessel at all times. A log of species taken
23 and the date the species were taken shall be maintained and a
24 copy of the log filed with the commission at the time of
25 renewal of the license.
26 (e) The owner, operator, or custodian of a vessel the
27 operator of which has been licensed pursuant to paragraph (a)
28 must maintain and report such statistical data as required by,
29 and in a manner set forth in, the rules of the commission.
30 (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL
31 ACTIVITY PERMITS.--In addition to any license required under
32
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 this chapter, the following permits and fees for specified
2 hunting, fishing, and recreational uses and activities are
3 required:
4 (a) An annual Florida waterfowl permit for a resident
5 or nonresident to take wild ducks or geese within the state or
6 its coastal waters is $3.
7 (b) An annual Florida turkey permit for a resident to
8 take wild turkeys within the state is $5.
9 (c) An annual Florida turkey permit for a nonresident
10 to take wild turkeys within the state is $100.
11 (d) An annual snook permit for a resident or
12 nonresident to take or possess any snook from any waters of
13 the state is $2. Revenue generated from the sale of snook
14 permits shall be used exclusively for programs to benefit the
15 snook population.
16 (e) An annual crawfish permit for a resident or
17 nonresident to take or possess any crawfish for recreational
18 purposes from any waters of the state is $2. Revenue
19 generated from the sale of crawfish permits shall be used
20 exclusively for programs to benefit the crawfish population.
21 (f) An annual muzzle-loading gun permit for a resident
22 or nonresident to hunt within the state with a muzzle-loading
23 gun is $5. Hunting with a muzzle-loading gun is limited to
24 game seasons in which hunting with a modern firearm is not
25 authorized by the commission.
26 (g) An annual archery permit for a resident or
27 nonresident to hunt within the state with a bow and arrow is
28 $5. Hunting with an archery permit is limited to those game
29 seasons in which hunting with a firearm is not authorized by
30 the commission.
31 (h) A special use permit for a resident or nonresident
33
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 to participate in limited entry hunting or fishing activities
2 as authorized by commission rule shall not exceed $100 per day
3 or $250 per week. Notwithstanding any other provision of this
4 chapter, there are no exclusions, exceptions, or exemptions
5 from this permit fee. In addition to the permit fee, the
6 commission may charge each special use permit applicant a
7 nonrefundable application fee not to exceed $10.
8 (i)1. A management area permit for a resident or
9 nonresident to hunt on, fish on, or otherwise use for outdoor
10 recreational purposes land owned, leased, or managed by the
11 commission, or by the state for the use and benefit of the
12 commission, shall not exceed $25 per year.
13 2. Permit fees for short-term use of land that is
14 owned, leased, or managed by the commission may be established
15 by rule of the commission for activities on such lands. Such
16 permits may be in lieu of, or in addition to, the annual
17 management area permit authorized in subparagraph 1.
18 3. Other than for hunting or fishing, the provisions
19 of this paragraph shall not apply on any lands not owned by
20 the commission, unless the commission has obtained the written
21 consent of the owner or primary custodian of such lands.
22 (j)1. A recreational user permit is required to hunt
23 on, fish on, or otherwise use for outdoor recreational
24 purposes land leased by the commission from private
25 nongovernmental owners, except for those lands located
26 directly north of the Apalachicola National Forest, east of
27 the Ochlocknee River until the point the river meets the dam
28 forming Lake Talquin, and south of the closest federal
29 highway. The fee for a recreational user permit shall be
30 based upon the economic compensation desired by the landowner,
31 game population levels, desired hunter density, and
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 administrative costs. The permit fee shall be set by
2 commission rule on a per-acre basis. The recreational user
3 permit fee, less administrative costs of up to $25 per permit,
4 shall be remitted to the landowner as provided in the lease
5 agreement for each area.
6 2. One minor dependent, 16 years of age or younger,
7 may hunt under the supervision of the permittee and is exempt
8 from the recreational user permit requirements. The spouse
9 and dependent children of a permittee are exempt from the
10 recreational user permit requirements when engaged in outdoor
11 recreational activities other than hunting and when
12 accompanied by a permittee. Notwithstanding any other
13 provision of this chapter, no other exclusions, exceptions, or
14 exemptions from the recreational user permit fee are
15 authorized.
16 (9)(a) RESIDENT 5-YEAR HUNTING AND FISHING
17 LICENSES.--Five-year licenses are available for residents
18 only, as follows:
19 1. A 5-year freshwater fishing or saltwater fishing
20 license is $60 for each type of license and authorizes the
21 person to whom the license is issued to take or attempt to
22 take or possess freshwater fish or saltwater fish consistent
23 with the state and federal laws and regulations and rules of
24 the commission in effect at the time of taking.
25 2. A 5-year hunting license is $55 and authorizes the
26 person to whom it is issued to take or attempt to take or
27 possess game consistent with the state and federal laws and
28 regulations and rules of the commission in effect at the time
29 of taking.
30 (b) Proceeds from the sale of all 5-year licenses
31 shall be deposited into the Dedicated License Trust Fund, to
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 be distributed in accordance with the provisions of s.
2 372.106.
3 (10) RESIDENT LIFETIME FRESHWATER AND SALTWATER
4 FISHING LICENSES.--
5 (a) Lifetime freshwater fishing licenses and saltwater
6 fishing licenses are available for residents only, as follows,
7 for:
8 1. Persons 4 years of age or younger, for a fee of
9 $125 for each type of license.
10 2. Persons 5 years of age or older, but under 13 years
11 of age, for a fee of $225 for each type of license.
12 3. Persons 13 years of age or older, for a fee of $300
13 for each type of license.
14 (b) The following activities are authorized by the
15 purchase of a lifetime freshwater fishing license:
16 1. Taking, or attempting to take or possess,
17 freshwater fish consistent with the state and federal laws and
18 regulations and rules of the commission in effect at the time
19 of the taking.
20 2. All activities authorized by a management area
21 permit, excluding hunting.
22 (c) The following activities are authorized by the
23 purchase of a lifetime saltwater fishing license:
24 1. Taking, or attempting to take or possess, saltwater
25 fish consistent with the state and federal laws and
26 regulations and rules of the commission in effect at the time
27 of the taking.
28 2. All activities authorized by a snook permit and a
29 crawfish permit.
30 3. All activities for which an additional license,
31 permit, or fee is required to take or attempt to take or
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 possess saltwater fish, which additional license, permit, or
2 fee was imposed subsequent to the date of the purchase of the
3 lifetime saltwater fishing license.
4 (11) RESIDENT LIFETIME HUNTING LICENSES.--
5 (a) Lifetime hunting licenses are available to
6 residents only, as follows, for:
7 1. Persons 4 years of age or younger, for a fee of
8 $200.
9 2. Persons 5 years of age or older, but under 13 years
10 of age, for a fee of $350.
11 3. Persons 13 years of age or older, for a fee of
12 $500.
13 (b) The following activities are authorized by the
14 purchase of a lifetime hunting license:
15 1. Taking, or attempting to take or possess, game
16 consistent with the state and federal laws and regulations and
17 rules of the commission in effect at the time of the taking.
18 2. All activities authorized by a muzzle-loading gun
19 permit, a turkey permit, an archery permit, a Florida
20 waterfowl permit, and a management area permit, excluding
21 fishing.
22 (12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
23 (a) Lifetime sportsman's licenses are available, to
24 residents only, as follows, for:
25 1. Persons 4 years of age or younger, for a fee of
26 $400.
27 2. Persons 5 years of age or older, but under 13 years
28 of age, for a fee of $700.
29 3. Persons 13 years of age or older, for a fee of
30 $1,000.
31 (b) The following activities are authorized by the
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 purchase of a lifetime sportsman's license:
2 1. Taking, or attempting to take or possess,
3 freshwater and saltwater fish, and game, consistent with the
4 state and federal laws and regulations and rules of the
5 commission in effect at the time of taking.
6 2. All activities authorized by a management area
7 permit, a muzzle-loading gun permit, a turkey permit, an
8 archery permit, a Florida waterfowl permit, a snook permit,
9 and a crawfish permit.
10
11 The proceeds from the sale of all lifetime licenses authorized
12 in this section shall be deposited into the Lifetime Fish and
13 Wildlife Trust Fund, to be distributed as provided in s.
14 372.105.
15 (13) RECIPROCAL FEE AGREEMENTS.--The commission is
16 authorized to reduce the fees for licenses and permits under
17 this section for residents of those states with which the
18 commission has entered into reciprocal agreements with respect
19 to such fees.
20 (14) FREE FISHING DAYS.--The commission may designate
21 by rule no more than 2 consecutive or nonconsecutive days in
22 each year as free freshwater fishing days and no more than 2
23 consecutive or nonconsecutive days in each year as free
24 saltwater fishing days. Notwithstanding any other provision
25 of this chapter, any person may take freshwater fish for
26 noncommercial purposes on a free freshwater fishing day and
27 may take saltwater fish for noncommercial purposes on a free
28 saltwater fishing day, without obtaining or possessing a
29 license or paying a license fee as prescribed in this section.
30 A person who takes freshwater or saltwater fish on a free
31 fishing day without obtaining a license or paying a fee must
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 comply with all laws, rules, and regulations governing the
2 holders of a fishing license and all other conditions and
3 limitations regulating the taking of freshwater or saltwater
4 fish as are imposed by law or rule.
5 Section 20. Section 372.571, Florida Statutes, is
6 amended to read:
7 372.571 Expiration of licenses and permits.--Each
8 license or permit issued under this chapter must be dated when
9 issued. Each license or permit issued under this chapter
10 remains valid for 12 months after the date of issuance, except
11 for a lifetime license issued pursuant to s. 372.57 which is
12 valid from the date of issuance until the death of the
13 individual to whom the license is issued unless otherwise
14 revoked in accordance with s. 372.99, or a 5-year license
15 issued pursuant to s. 372.57 which is valid for 5 consecutive
16 years from the date of purchase unless otherwise revoked in
17 accordance with s. 372.99 or a license issued pursuant to s.
18 372.57(5)(a), (b), (c), or (g) or (8)(h) or (i)2.(2)(b) or
19 (g), which is valid for the period specified on the license.
20 A resident lifetime license or a resident 5-year license that
21 has been purchased by a resident of this state and who
22 subsequently resides in another state shall be honored for
23 activities authorized by that license.
24 Section 21. Subsection (1) of section 372.5712,
25 Florida Statutes, is amended to read:
26 372.5712 Florida waterfowl permit revenues.--
27 (1) The commission shall expend the revenues generated
28 from the sale of the Florida waterfowl permit as provided in
29 s. 372.57(8)(4)(a) or that pro rata portion of any license
30 that includes waterfowl hunting privileges, as provided in s.
31 372.57(4)(h) and (2)(i) and (14)(b) as follows: A maximum of
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 5 percent of the gross revenues shall be expended for
2 administrative costs; a maximum of 25 percent of the gross
3 revenues shall be expended for waterfowl research approved by
4 the commission; and a maximum of 70 percent of the gross
5 revenues shall be expended for projects approved by the
6 commission, in consultation with the Waterfowl Advisory
7 Council, for the purpose of protecting and propagating
8 migratory waterfowl and for the development, restoration,
9 maintenance, and preservation of wetlands within the state.
10 Section 22. Subsection (1) of section 372.5715,
11 Florida Statutes, is amended to read:
12 372.5715 Florida wild turkey permit revenues.--
13 (1) The commission shall expend the revenues generated
14 from the sale of the turkey permit as provided for in s.
15 372.57(8)(b) and (c) (4)(e) or that pro rata portion of any
16 license that includes turkey hunting privileges as provided
17 for in s. 372.57(4)(h) and (2)(i) and (14)(b) for research and
18 management of wild turkeys.
19 Section 23. Subsection (7) of section 372.5717,
20 Florida Statutes, is amended to read:
21 372.5717 Hunter safety course; requirements;
22 penalty.--
23 (7) The hunter safety requirements of this section do
24 not apply to persons for whom licenses are not required under
25 s. 372.562(2) 372.57(1).
26 Section 24. Section 372.573, Florida Statutes, is
27 amended to read:
28 372.573 Management area permit revenues.--The
29 commission shall expend the revenue generated from the sale of
30 the management area permit as provided for in s. 372.57(8)(i)
31 (4)(b) or that pro rata portion of any license that includes
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 management area privileges as provided for in s. 372.57(4)(h)
2 and (2)(i) and (14)(b) for the lease, management, and
3 protection of lands for public hunting, fishing, and other
4 outdoor recreation.
5 Section 25. Paragraph (h) of subsection (1) and
6 paragraphs (e) and (i) of subsection (2) of section 372.574,
7 Florida Statutes, are amended to read:
8 372.574 Appointment of subagents for the sale of
9 hunting, fishing, and trapping licenses and permits.--
10 (1) A county tax collector who elects to sell licenses
11 and permits may appoint any person as a subagent for the sale
12 of fishing, hunting, and trapping licenses and permits that
13 the tax collector is allowed to sell. The following are
14 requirements for subagents:
15 (h) A subagent shall weekly submit payment for and
16 report the sale of licenses and permits to the tax collector
17 as prescribed by the tax collector but no less frequently than
18 monthly.
19 (2) If a tax collector elects not to appoint
20 subagents, the commission may appoint subagents within that
21 county. Subagents shall serve at the pleasure of the
22 commission. The commission may establish, by rule, procedures
23 for selection of subagents. The following are requirements
24 for subagents so appointed:
25 (e) A subagent may charge and receive as his or her
26 compensation 50 cents for each license or permit sold. This
27 charge is in addition to the sum required by law to be
28 collected for the sale and issuance of each license or permit.
29 In addition, no later than July 1, 1997, a subagent fee for
30 the sale of licenses over the telephone by credit card shall
31 be established by competitive bid procedures which are
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 overseen by the Fish and Wildlife Conservation Commission. A
2 fee for electronic license sales may be established by
3 competitive-bid procedures that are overseen by the Fish and
4 Wildlife Conservation Commission.
5 (i) By July 15 of each year, each subagent shall
6 submit to the commission all unissued stamps for the previous
7 year along with a written audit report, on forms prescribed or
8 approved by the commission, on the numbers of the unissued
9 stamps.
10 Section 26. Section 372.579, Florida Statutes, is
11 created to read:
12 372.579 Processing applications for licenses and
13 permits.--
14 (1) The commission is authorized to impose a
15 processing fee not to exceed $100 for each license or permit
16 required by Title 68 of the Florida Administrative Code. The
17 commission shall annually report actions taken under this
18 section to the President of the Senate, the Speaker of the
19 House of Representatives, and the appropriate substantive and
20 fiscal committees of the Legislature.
21 (2) The commission is authorized to adopt rules
22 pursuant to ss. 120.536(1) and 120.54 to implement the
23 provisions of this section.
24 Section 27. Paragraph (a) of subsection (1) and
25 subsection (2) of section 372.65, Florida Statutes, are
26 amended to read:
27 372.65 Freshwater fish dealer's license.--
28 (1) No person shall engage in the business of taking
29 for sale or selling any frogs or freshwater fish, including
30 live bait, of any species or size, or importing any exotic or
31 nonindigenous fish, until such person has obtained a license
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 and paid the fee therefor as set forth herein. The license
2 issued shall be in the possession of the person to whom issued
3 while such person is engaging in the business of taking for
4 sale or selling freshwater fish or frogs, is not transferable,
5 shall bear on its face in indelible ink the name of the person
6 to whom it is issued, and shall be affixed to a license
7 identification card issued by the commission. Such license is
8 not valid unless it bears the name of the person to whom it is
9 issued and is so affixed. The failure of such person to
10 exhibit such license to the commission or any of its wildlife
11 officers when such person is found engaging in such business
12 is a violation of law. The license fees and activities
13 permitted under particular licenses are as follows:
14 (a) The fee for a resident commercial fishing license,
15 which permits a resident to take freshwater fish or frogs by
16 any lawful method prescribed by the commission and to sell
17 such fish or frogs, shall be $25. The license provided for in
18 this paragraph shall also allow noncommercial fishing as
19 provided by law and commission rules, and the license in s.
20 372.57(4)(2)(a) shall not be required.
21 (2) The provisions of ss. 372.561 and 372.571, except
22 those provisions relating to issuance without fee to certain
23 classes of persons, shall apply to licenses issued under this
24 section.
25 Section 28. Section 372.661, Florida Statutes, is
26 amended to read:
27 372.661 Private hunting preserve licenses; fees,
28 license; exception.--
29 (1) Any person who operates a private hunting preserve
30 commercially or otherwise shall be required to pay a license
31 fee of $50 $25 for each such preserve; provided, however, that
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 during the open season established for wild game of any
2 species a private individual may take artificially propagated
3 game of such species up to the bag limit prescribed for the
4 particular species without being required to pay the license
5 fee required by this section; provided further that if any
6 such individual shall charge a fee for taking such game she or
7 he shall be required to pay the license fee required by this
8 section and to comply with the rules and regulations of the
9 Fish and Wildlife Conservation commission relative to the
10 operation of private hunting preserves.
11 (2) A commercial hunting preserve license, which shall
12 exempt patrons of licensed preserves from the license and
13 permit requirements of s. 372.57(4)(c), (d), (f), (h), and
14 (i); (5)(f) and (g); (8)(a), (b), (c), (f), and (g); (9)(a)2.;
15 (11); and (12) licensure requirements of s. 372.57(2)(e), (f),
16 (g), and (i), (4)(a), (c), (d), and (e), (7), (9), and (14)(b)
17 while hunting on the licensed preserve property, shall be
18 $500. Such commercial hunting preserve license shall be
19 available only to those private hunting preserves licensed
20 pursuant to this section which are operated exclusively for
21 commercial purposes, which are open to the public, and for
22 which a uniform fee is charged to patrons for hunting
23 privileges.
24 Section 29. Subsection (8) is added to section
25 372.711, Florida Statutes, to read:
26 372.711 Noncriminal infractions.--
27 (8) A person who is cited for a violation of the
28 provisions of s. 372.57 that require the possession of a
29 license or permit may not be convicted if, prior to or at the
30 time of his or her court or hearing appearance, the person
31 produces in court or to the clerk of the court in which the
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 charge is pending the required license or permit that was
2 issued to him or her and valid at the time of his or her
3 citation. The clerk of the court is authorized to dismiss
4 each such case at any time before, or at the time of, the
5 defendant's appearance in court. The clerk of the court may
6 assess a fee of $5 for dismissing the case under this
7 subsection.
8 Section 30. Paragraph (h) of subsection (1) of section
9 372.83, Florida Statutes, is reenacted to read:
10 372.83 Noncriminal infractions; criminal penalties;
11 suspension and revocation of licenses and permits.--
12 (1) A person is guilty of a noncriminal infraction,
13 punishable as provided in s. 372.711, if she or he violates
14 any of the following provisions:
15 (h) Section 372.57, relating to hunting, fishing, and
16 trapping licenses.
17
18 A person who fails to pay the civil penalty specified in s.
19 372.711 within 30 days after being cited for a noncriminal
20 infraction or to appear before the court pursuant to that
21 section is guilty of a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 Section 31. Subsections (1), (2), and (4) of section
24 372.921, Florida Statutes, are amended, subsection (9) is
25 renumbered as subsection (10), and a new subsection (9) is
26 added to said section, to read:
27 372.921 Exhibition of wildlife.--
28 (1) In order to provide humane treatment and sanitary
29 surroundings for wild animals kept in captivity, no person,
30 firm, corporation, or association shall have, or be in
31 possession of, in captivity for the purpose of public display
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 with or without charge or for public sale any wildlife,
2 specifically birds, mammals, amphibians, and reptiles, whether
3 indigenous to Florida or not, without having first secured a
4 permit from the Fish and Wildlife Conservation Commission
5 authorizing such person, firm, or corporation to have in its
6 possession in captivity the species and number of wildlife
7 specified within such permit; however, this section does not
8 apply to any wildlife not protected by law and the rules
9 regulations of the Fish and Wildlife Conservation commission.
10 (2) The fees to be paid for the issuance of permits
11 required by subsection (1) shall be as follows:
12 (a) For not more than 25 Class I or Class II 10
13 individual specimens in the aggregate of all species, the sum
14 of $100 $5 per annum.
15 (b) For over 25 Class I or Class II 10 individual
16 specimens in the aggregate of all species, the sum of $250 $25
17 per annum.
18 (c) For any number of Class III individual specimens
19 in the aggregate of all species, the sum of $25 per annum.
20
21 The fees prescribed by this subsection section shall be
22 submitted to the Fish and Wildlife Conservation commission
23 with the application for permit required by subsection (1) and
24 shall be deposited in the State Game Fund.
25 (4) Permits issued pursuant to this section and places
26 where wildlife is kept or held in captivity shall be subject
27 to inspection by officers of the Fish and Wildlife
28 Conservation commission at all times. The commission shall
29 have the power to release or confiscate any specimens of any
30 wildlife, specifically birds, mammals, amphibians, or
31 reptiles, whether indigenous to the state or not, when it is
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 found that conditions under which they are being confined are
2 unsanitary, or unsafe to the public in any manner, or that the
3 species of wildlife are being maltreated, mistreated, or
4 neglected or kept in any manner contrary to the provisions of
5 chapter 828, any such permit to the contrary notwithstanding.
6 Before any such wildlife is confiscated or released under the
7 authority of this section, the owner thereof shall have been
8 advised in writing of the existence of such unsatisfactory
9 conditions; the owner shall have been given 30 days in which
10 to correct such conditions; the owner shall have failed to
11 correct such conditions; the owner shall have had an
12 opportunity for a proceeding pursuant to chapter 120; and the
13 commission shall have ordered such confiscation or release
14 after careful consideration of all evidence in the particular
15 case in question. The final order of the commission shall
16 constitute final agency action.
17 (9) The commission is authorized to adopt rules
18 pursuant to ss. 120.536(1) and 120.54 to implement this
19 section, including, but not limited to, rules defining Class
20 I, Class II, and Class III types of wildlife.
21 Section 32. Subsection (5) of section 372.922, Florida
22 Statutes, is amended to read:
23 372.922 Personal possession of wildlife.--
24 (5) Any person, firm, corporation, or association
25 exhibiting or selling wildlife and being duly permitted as
26 provided by s. 372.921 shall be exempt from the fee
27 requirement to receive obtain a permit under the provisions of
28 this section.
29 Section 33. Section 374.977, Florida Statutes, is
30 amended to read:
31 374.977 Inland navigation districts; manatee
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 protection speed zones, responsibility for sign posting.--Each
2 inland navigation district shall be responsible for posting
3 and maintaining regulatory markers, as approved by the Fish
4 and Wildlife Conservation Commission Department of
5 Environmental Protection, for manatee protection speed zones.
6 Such responsibility shall not be limited to the intracoastal
7 waterway, but shall include all waters within each member
8 county for which regulatory markers must be posted. Sign
9 locations shall be jointly selected by the Fish and Wildlife
10 Conservation Commission Department of Environmental Protection
11 and the appropriate inland navigation district, pending
12 necessary federal, state and local approvals. Should an inland
13 navigation district lack the resources or otherwise be unable
14 to carry out its sign posting and maintenance duties, this
15 responsibility shall then be assumed by the Fish and Wildlife
16 Conservation Commission Department of Environmental
17 Protection.
18 Section 34. Subsection (3) of section 705.101, Florida
19 Statutes, is amended to read:
20 705.101 Definitions.--As used in this chapter:
21 (3) "Abandoned property" means all tangible personal
22 property that does not have an identifiable owner and that has
23 been disposed on public property in a wrecked, inoperative, or
24 partially dismantled condition or has no apparent intrinsic
25 value to the rightful owner. However, Vessels determined to be
26 derelict by the Fish and Wildlife Conservation Commission or a
27 county or municipality in accordance with the provisions of s.
28 823.11 are not included within this definition.
29 Section 35. Paragraph (b) of subsection (8) of section
30 212.06, Florida Statutes, is amended to read:
31 212.06 Sales, storage, use tax; collectible from
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 dealers; "dealer" defined; dealers to collect from purchasers;
2 legislative intent as to scope of tax.--
3 (8)
4 (b) The presumption that tangible personal property
5 used in another state, territory of the United States, or the
6 District of Columbia for 6 months or longer before being
7 imported into this state was not purchased for use in this
8 state does not apply to any boat for which a saltwater fishing
9 license fee is required to be paid pursuant to s. 372.57(7)
10 370.0605(2)(b)1., 2., or 3., either directly or indirectly,
11 for the purpose of taking, attempting to take, or possessing
12 any marine fish for noncommercial purposes. Use tax shall
13 apply and be due on such a boat as provided in this paragraph,
14 and proof of payment of such tax must be presented prior to
15 the first such licensure of the boat, registration of the boat
16 pursuant to chapter 328, and titling of the boat pursuant to
17 chapter 328. A boat that is first licensed within 1 year after
18 purchase shall be subject to use tax on the full amount of the
19 purchase price; a boat that is first licensed in the second
20 year after purchase shall be subject to use tax on 90 percent
21 of the purchase price; a boat that is first licensed in the
22 third year after purchase shall be subject to use tax on 80
23 percent of the purchase price; a boat that is first licensed
24 in the fourth year after purchase shall be subject to use tax
25 on 70 percent of the purchase price; a boat that is first
26 licensed in the fifth year after purchase shall be subject to
27 use tax on 60 percent of the purchase price; and a boat that
28 is first licensed in the sixth year after purchase, or later,
29 shall be subject to use tax on 50 percent of the purchase
30 price. If the purchaser fails to provide the purchase invoice
31 on such boat, the fair market value of the boat at the time of
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 importation into this state shall be used to compute the tax.
2 Section 36. Paragraph (l) of subsection (4) of section
3 215.20, Florida Statutes, is amended to read:
4 215.20 Certain income and certain trust funds to
5 contribute to the General Revenue Fund.--
6 (4) The income of a revenue nature deposited in the
7 following described trust funds, by whatever name designated,
8 is that from which the deductions authorized by subsection (3)
9 shall be made:
10 (l) The Marine Resources Conservation Trust Fund
11 created by s. 370.0603 370.0608, with the exception of those
12 fees collected for recreational saltwater fishing licenses as
13 provided in s. 372.57 370.0605.
14
15 The enumeration of the foregoing moneys or trust funds shall
16 not prohibit the applicability thereto of s. 215.24 should the
17 Governor determine that for the reasons mentioned in s. 215.24
18 the money or trust funds should be exempt herefrom, as it is
19 the purpose of this law to exempt income from its force and
20 effect when, by the operation of this law, federal matching
21 funds or contributions or private grants to any trust fund
22 would be lost to the state.
23 Section 37. State agencies and water management
24 districts that manage lands for public hunting are encouraged
25 to authorize the release and feeding of breeder-raised and
26 wild quail on such lands to increase quail hunting
27 opportunities and replenish quail population in the state.
28 Section 38. Sections 370.0605, 370.0615, and 370.1111,
29 and subsections (10) and (11) of section 370.14, Florida
30 Statutes, are repealed.
31 Section 39. (1) For fiscal year 2001-2002, there is
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 hereby appropriated $6 million to be transferred from the
2 General Revenue Fund to the Marine Resources Conservation
3 Trust Fund within the Fish and Wildlife Conservation
4 Commission. For fiscal year 2001-2002, there is hereby
5 appropriated $6 million from the Marine Resources Conservation
6 Trust Fund to the Fish and Wildlife Conservation Commission to
7 fund the costs of 38 additional on-the-water law enforcement
8 positions and 4 support staff. There are hereby authorized 42
9 full-time-equivalent positions in the Fish and Wildlife
10 Conservation Commission.
11 (2) Beginning in fiscal year 2002-2003, and annually
12 thereafter, there is appropriated $3.7 million to be
13 transferred from the General Revenue Fund to the Marine
14 Resources Conservation Trust Fund within the Fish and Wildlife
15 Conservation Commission. Beginning in fiscal year 2002-2003,
16 and annually thereafter, there is appropriated $3.7 million
17 from the Marine Resources Conservation Trust Fund to the Fish
18 and Wildlife Conservation Commission as continued funding for
19 the positions established in subsection (1).
20 Section 40. This act shall take effect July 1, 2001.
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22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, line 2
26 remove from the title of the bill: all of said lines
27
28 and insert in lieu thereof:
29 An act relating to funding for the Fish and
30 Wildlife Conservation Commission; amending s.
31 327.73, F.S.; providing for dismissal of
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 violations of boating safety identification
2 card possession requirements under certain
3 conditions; providing a fee; amending s.
4 328.72, F.S.; specifying source of the county
5 portion of vessel registration fees; providing
6 for the return of certain vessel registration
7 fees to the vessel owner's county of Florida
8 residence; amending s. 328.76, F.S.; clarifying
9 provisions relating to distribution and uses of
10 funds in the Marine Resources Conservation
11 Trust Fund; amending s. 370.06, F.S.;
12 recognizing the Railroad Retirement Board for
13 making certain disability determinations;
14 renumbering and amending s. 370.062, F.S.,
15 relating to issuance of license tags for
16 harvesting tarpon; modifying date for tax
17 collector's return of unissued tags; deleting
18 provisions relating to transfer of tag fees to
19 the Marine Resources Conservation Trust Fund
20 within a specified period; amending s.
21 370.0603, F.S.; specifying the uses of
22 designated funds deposited into the Marine
23 Resources Conservation Trust Fund; renumbering
24 and amending s. 370.0608, F.S.; providing for
25 the deposit of licenses and fees into the
26 Marine Resources Conservation Trust Fund;
27 revising purposes for which licenses and fees
28 may be used; renumbering and amending s.
29 370.0609, F.S.; providing for the expenditure
30 of funds through grants and contracts to
31 specified research institutions; amending s.
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 370.13, F.S.; renaming depredation endorsements
2 as depredation permits; providing permit
3 requirements; amending s. 370.19, F.S.;
4 providing for legislative appointments to the
5 Atlantic States Marine Fisheries commission;
6 amending s. 370.20, F.S. providing for
7 legislative appointments to the Gulf States
8 Marine Fisheries Commission; amending s.
9 370.25, F.S.; transferring the responsibilities
10 for issuing artificial-reef permits to the
11 Department of Environmental Protection;
12 amending s. 372.105, F.S.; revising provisions
13 relating to sources and uses of funds in the
14 Lifetime Fish and Wildlife Trust Fund; amending
15 s. 372.106, F.S.; specifying distribution of
16 certain funds in the Dedicated License Trust
17 Fund; amending s. 372.16, F.S.; increasing the
18 license fee for private game preserves and
19 farms; amending s. 372.561, F.S.; revising
20 provisions relating to issuance of recreational
21 licenses, permits, and authorization numbers to
22 take wild animal life, freshwater aquatic life,
23 and marine life, and administrative costs and
24 reporting related thereto; creating s. 372.562,
25 F.S.; providing exemptions from recreational
26 license and permit fees and requirements;
27 amending s. 372.57, F.S.; revising and
28 reorganizing provisions specifying fees and
29 requirements for recreational licenses,
30 permits, and authorization numbers, including
31 hunting licenses, saltwater and freshwater
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 fishing licenses, 5-year licenses, and lifetime
2 licenses; creating an annual gold sportsman's
3 license; increasing the fee for a nonresident
4 Florida turkey permit; providing for pier
5 licenses and recreational vessel licenses, and
6 fees therefor; providing for snook permits and
7 crawfish permits, and uses thereof; amending
8 ss. 370.063, 372.571, 372.5712, 372.5715,
9 372.5717, 372.573, and 372.65, F.S.; correcting
10 cross references; deleting obsolete language;
11 amending s. 372.574, F.S.; revising subagent
12 duties and reporting requirements; creating s.
13 372.579, F.S.; authorizing a processing fee for
14 certain licenses and permits; requiring a
15 report; providing rulemaking authority;
16 amending s. 372.661, F.S.; increasing the
17 license fee for a private hunting preserve;
18 amending s. 372.711, F.S.; providing for
19 dismissal of violations of license or permit
20 possession requirements, under certain
21 conditions; providing a fee; reenacting s.
22 372.83(1)(h), F.S.; reenacting a provision
23 referencing penalties for violations of
24 hunting, fishing, and trapping license
25 requirements; amending s. 372.921, F.S.;
26 including amphibians in provisions relating to
27 exhibition of wildlife; increasing permit fees;
28 providing rulemaking authority; amending s.
29 372.922, F.S.; requiring a permit for personal
30 possession of wildlife by an exhibitor or
31 seller; providing a fee exemption; amending s.
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HOUSE AMENDMENT
Bill No. CS/HB 1489
Amendment No. ___ (for drafter's use only)
1 374.977, F.S.; conforming the responsibilities
2 for posting and maintaining regulatory waterway
3 markers with the transfer of duties to the Fish
4 and Wildlife Conservation Commission; amending
5 s. 705.101, F.S.; including derelict vessels
6 within the definition of "abandoned property";
7 amending ss. 212.06 and 215.20, F.S.;
8 correcting cross references; encouraging the
9 release and feeding of certain quail; repealing
10 s. 370.0605, F.S., relating to saltwater
11 fishing licenses and fees; repealing s.
12 370.0615, F.S., relating to lifetime saltwater
13 fishing licenses; repealing s. 370.1111, F.S.,
14 relating to snook fishing permits; repealing s.
15 370.14(10) and (11), F.S., relating to
16 recreational crawfish taking permits and
17 issuance of a crawfish stamp; providing
18 appropriations; providing an effective date.
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