House Bill hb1913
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
By the Committee on Natural Resources & Environmental
Protection and Representative Harrington
1 A bill to be entitled
2 An act relating to the Fish and Wildlife
3 Conservation Commission; amending s. 370.06,
4 F.S.; revising the exemption from saltwater
5 products license income requirements for
6 persons with disabilities; amending s.
7 370.0605, F.S.; revising the exemption from
8 saltwater fishing licenses for persons with
9 disabilities; amending s. 370.0608, F.S.;
10 revising provisions relating to deposit of
11 license fees; amending s. 370.0609, F.S.;
12 revising institutions to receive funds for
13 marine research; amending s. 370.062, F.S.,
14 relating to issuance of license tags for
15 harvesting tarpon; modifying date for tax
16 collectors' return of unissued tags; deleting
17 provision relating to transfer of tag fees to
18 the Marine Resources Conservation Trust Fund
19 within a specified period; amending s. 370.13,
20 F.S.; revising provisions relating to issuance
21 of depredation endorsements for trapping stone
22 crabs or blue crabs preying upon aquaculture
23 shellfish beds; prohibiting barter or exchange,
24 as well as sale of such crabs; amending s.
25 370.19, F.S.; revising appointment of a member
26 of the Atlantic States Marine Fisheries
27 Compact; amending s. 370.20, F.S.; revising
28 appointment of a member of the Gulf States
29 Marine Fisheries Compact; amending s. 370.25,
30 F.S.; clarifying reference relating to issuance
31 of artificial reef permits; amending s.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 372.0215, F.S.; removing a restriction on the
2 funding of support organizations authorized by
3 the commission; amending s. 372.561, F.S.;
4 revising the exemption from hunting and
5 freshwater fishing licenses for persons with
6 disabilities; amending s. 374.977, F.S.;
7 transferring authority for posting and
8 maintaining signs for manatee protection zones
9 from the Department of Environmental Protection
10 to the commission; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (a) of subsection (2) of section
15 370.06, Florida Statutes, is amended to read:
16 370.06 Licenses.--
17 (2) SALTWATER PRODUCTS LICENSE.--
18 (a) Every person, firm, or corporation that sells,
19 offers for sale, barters, or exchanges for merchandise any
20 saltwater products, or which harvests saltwater products with
21 certain gear or equipment as specified by law, must have a
22 valid saltwater products license, except that the holder of an
23 aquaculture certificate under s. 597.004 is not required to
24 purchase and possess a saltwater products license in order to
25 possess, transport, or sell marine aquaculture products. Each
26 saltwater products license allows the holder to engage in any
27 of the activities for which the license is required. The
28 license must be in the possession of the licenseholder or
29 aboard the vessel and shall be subject to inspection at any
30 time that harvesting activities for which a license is
31 required are being conducted. A restricted species endorsement
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 on the saltwater products license is required to sell to a
2 licensed wholesale dealer those species which the state, by
3 law or rule, has designated as "restricted species." This
4 endorsement may be issued only to a person who is at least 16
5 years of age, or to a firm certifying that over 25 percent of
6 its income or $5,000 of its income, whichever is less, is
7 attributable to the sale of saltwater products pursuant to a
8 license issued under this paragraph or a similar license from
9 another state. This endorsement may also be issued to a
10 for-profit corporation if it certifies that at least $5,000 of
11 its income is attributable to the sale of saltwater products
12 pursuant to a license issued under this paragraph or a similar
13 license from another state. However, if at least 50 percent of
14 the annual income of a person, firm, or for-profit corporation
15 is derived from charter fishing, the person, firm, or
16 for-profit corporation must certify that at least $2,500 of
17 the income of the person, firm, or corporation is attributable
18 to the sale of saltwater products pursuant to a license issued
19 under this paragraph or a similar license from another state,
20 in order to be issued the endorsement. Such income attribution
21 must apply to at least 1 year out of the last 3 years. For the
22 purpose of this section "income" means that income which is
23 attributable to work, employment, entrepreneurship, pensions,
24 retirement benefits, and social security benefits. To renew an
25 existing restricted species endorsement, a marine aquaculture
26 producer possessing a valid saltwater products license with a
27 restricted species endorsement may apply income from the sale
28 of marine aquaculture products to licensed wholesale dealers.
29 1. The commission is authorized to require
30 verification of such income. Acceptable proof of income earned
31 from the sale of saltwater products shall be:
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 a. Copies of trip ticket records generated pursuant to
2 this subsection (marine fisheries information system),
3 documenting qualifying sale of saltwater products;
4 b. Copies of sales records from locales other than
5 Florida documenting qualifying sale of saltwater products;
6 c. A copy of the applicable federal income tax return,
7 including Form 1099 attachments, verifying income earned from
8 the sale of saltwater products;
9 d. Crew share statements verifying income earned from
10 the sale of saltwater products; or
11 e. A certified public accountant's notarized statement
12 attesting to qualifying source and amount of income.
13
14 Any provision of this section or any other section of the
15 Florida Statutes to the contrary notwithstanding, any person
16 who owns a retail seafood market or restaurant at a fixed
17 location for at least 3 years who has had an occupational
18 license for 3 years prior to January 1, 1990, who harvests
19 saltwater products to supply his or her retail store and has
20 had a saltwater products license for 1 of the past 3 years
21 prior to January 1, 1990, may provide proof of his or her
22 verification of income and sales value at the person's retail
23 seafood market or restaurant and in his or her saltwater
24 products enterprise by affidavit and shall thereupon be issued
25 a restricted species endorsement.
26 2. Exceptions from income requirements shall be as
27 follows:
28 a. A permanent restricted species endorsement shall be
29 available to those persons age 62 and older who have qualified
30 for such endorsement for at least 3 out of the last 5 years.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 b. Active military duty time shall be excluded from
2 consideration of time necessary to qualify and shall not be
3 counted against the applicant for purposes of qualifying.
4 c. Upon the sale of a used commercial fishing vessel
5 owned by a person, firm, or corporation possessing or eligible
6 for a restricted species endorsement, the purchaser of such
7 vessel shall be exempted from the qualifying income
8 requirement for the purpose of obtaining a restricted species
9 endorsement for a period of 1 year after purchase of the
10 vessel.
11 d. Upon the death or permanent disablement of a person
12 possessing a restricted species endorsement, an immediate
13 family member wishing to carry on the fishing operation shall
14 be exempted from the qualifying income requirement for the
15 purpose of obtaining a restricted species endorsement for a
16 period of 1 year after the death or disablement.
17 e. A restricted species endorsement may be issued on
18 an individual saltwater products license to a person age 62 or
19 older who documents that at least $2,500 is attributable to
20 the sale of saltwater products pursuant to the provisions of
21 this paragraph.
22 f. A permanent restricted species endorsement may also
23 be issued on an individual saltwater products license to a
24 person age 70 or older who has held a saltwater products
25 license for at least 3 of the last 5 license years.
26 g.(I) Any resident who is certified to be totally and
27 permanently disabled by the Railroad Retirement Board, by the
28 United States Department of Veterans Affairs or its
29 predecessor, or by any branch of the United States Armed
30 Forces, or who holds a valid identification card issued by the
31 Department of Veterans' Affairs pursuant to s. 295.17, upon
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 proof of the same, or any resident certified to be totally
2 disabled by the United States Social Security Administration,
3 upon proof of the same, shall be exempted from the income
4 requirements if he or she also has held a saltwater products
5 license for at least 3 of the last 5 license years prior to
6 the date of the disability.
7 (II) A Disability Award Notice issued by the United
8 States Social Security Administration is not sufficient
9 certification for a resident to obtain the income exemption
10 unless the notice certifies that the resident is totally
11 disabled.
12
13 At least one saltwater products license bearing a restricted
14 species endorsement shall be aboard any vessel harvesting
15 restricted species in excess of any bag limit or when fishing
16 under a commercial quota or in commercial quantities, and such
17 vessel shall have a commercial vessel registration. This
18 subsection does not apply to any person, firm, or corporation
19 licensed under s. 370.07(1)(a)1. or (b) for activities
20 pursuant to such licenses. A saltwater products license may be
21 issued in the name of an individual or a valid boat
22 registration number. Such license is not transferable. A decal
23 shall be issued with each saltwater products license issued to
24 a valid boat registration number. The saltwater products
25 license decal shall be the same color as the vessel
26 registration decal issued each year pursuant to s. 328.48(5)
27 and shall indicate the period of time such license is valid.
28 The saltwater products license decal shall be placed beside
29 the vessel registration decal and, in the case of an
30 undocumented vessel, shall be placed so that the vessel
31 registration decal lies between the vessel registration number
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 and the saltwater products license decal. Any saltwater
2 products license decal for a previous year shall be removed
3 from a vessel operating on the waters of the state. A resident
4 shall pay an annual license fee of $50 for a saltwater
5 products license issued in the name of an individual or $100
6 for a saltwater products license issued to a valid boat
7 registration number. A nonresident shall pay an annual license
8 fee of $200 for a saltwater products license issued in the
9 name of an individual or $400 for a saltwater products license
10 issued to a valid boat registration number. An alien shall pay
11 an annual license fee of $300 for a saltwater products license
12 issued in the name of an individual or $600 for a saltwater
13 products license issued to a valid boat registration number.
14 Any person who sells saltwater products pursuant to this
15 license may sell only to a licensed wholesale dealer. A
16 saltwater products license must be presented to the licensed
17 wholesale dealer each time saltwater products are sold, and an
18 imprint made thereof. The wholesale dealer shall keep records
19 of each transaction in such detail as may be required by rule
20 of the commission not in conflict with s. 370.07(6), and shall
21 provide the holder of the saltwater products license with a
22 copy of the record. It is unlawful for any licensed wholesale
23 dealer to buy saltwater products from any unlicensed person
24 under the provisions of this section, except that a licensed
25 wholesale dealer may buy from another licensed wholesale
26 dealer. It is unlawful for any licensed wholesale dealer to
27 buy saltwater products designated as "restricted species" from
28 any person, firm, or corporation not possessing a restricted
29 species endorsement on his or her saltwater products license
30 under the provisions of this section, except that a licensed
31 wholesale dealer may buy from another licensed wholesale
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 dealer. The commission shall be the licensing agency, may
2 contract with private persons or entities to implement aspects
3 of the licensing program, and shall establish by rule a marine
4 fisheries information system in conjunction with the licensing
5 program to gather fisheries data.
6 Section 2. Subsection (4) of section 370.0605, Florida
7 Statutes, is amended to read:
8 370.0605 Saltwater fishing license required; fees.--
9 (4) A saltwater fishing license must be issued,
10 without license fee, to any resident who is certified:
11 (a) To be totally and permanently disabled by the
12 Railroad Retirement Board, or by the United States Department
13 of Veterans Affairs or its predecessor, or by any branch of
14 the United States Armed Forces, or who holds a valid
15 identification card issued by the Department of Veterans'
16 Affairs pursuant to s. 295.17, upon proof of same. Any
17 license issued under this paragraph after January 1, 1997,
18 expires after 5 years. Upon request, the license shall be
19 reissued for a 5-year period and shall be reissued every 5
20 years thereafter; or
21 (b) To be totally disabled by the United States Social
22 Security Administration, upon proof of same. Any license
23 issued under this paragraph after October 1, 1999, expires
24 September 30, 2001. Upon proof of certification as provided
25 in this paragraph, the license shall be reissued for a 2-year
26 period and shall be reissued every 2 years thereafter.
27 (c) Notwithstanding any other provision of this
28 subsection, any person who has received after July 1, 1997,
29 and before July 1, 2000, a valid disability license under this
30 subsection retains the rights vested thereunder until the
31 license has expired.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 (d) Notwithstanding any other provision of this
2 subsection, a disability license issued prior to July 1, 1997,
3 is valid when produced upon request.
4 Section 3. Subsections (1) and (3) of section
5 370.0608, Florida Statutes, are amended to read:
6 370.0608 Deposit of license fees; allocation of
7 federal funds.--
8 (1) All license fees collected pursuant to s. 370.0605
9 shall be deposited into the Marine Resources Conservation
10 Trust Fund, to be used as follows:
11 (a) Not more than 5 percent of the total fees
12 collected shall be used to carry out the responsibilities of
13 the Fish and Wildlife Conservation commission relating to
14 saltwater fisheries enhancement and to provide for the award
15 of funds to marine research institutions in this state for the
16 purposes of enabling such institutions to conduct worthy
17 saltwater marine research projects.
18 (b) Not less than 2.5 percent of the total fees
19 collected shall be used for saltwater aquatic education
20 purposes.
21 (c)1. The remainder of such fees shall be used by the
22 commission department for the following program functions:
23 a. Not more than 5 percent of the total fees
24 collected, for administration of the licensing program and for
25 information and education relating to saltwater fisheries.
26 b. Not less more than 30 percent of the total fees
27 collected, for marine law enforcement.
28 c. Not less than 27.5 percent of the total fees
29 collected, for marine research.
30 d. Not less than 30 percent of the total fees
31 collected, for saltwater fisheries fishery enhancement,
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 including, but not limited to, fishery statistics development,
2 artificial reefs, and fish hatcheries.
3 2. The Legislature shall annually appropriate to the
4 commission from the General Revenue Fund for the activities
5 and programs specified in subparagraph 1. at least the same
6 amount of money as was appropriated to the Department of
7 Environmental Protection from the General Revenue Fund for
8 such activities and programs for fiscal year 1988-1989, and
9 the amounts appropriated to the commission for such activities
10 and programs from the Marine Resources Conservation Trust Fund
11 shall be in addition to the amount appropriated to the
12 commission for such activities and programs from the General
13 Revenue Fund. The proceeds from recreational saltwater fishing
14 license fees paid by fishers shall only be appropriated to the
15 commission.
16 (3) All license fees collected pursuant to s. 370.0605
17 shall be transferred to the Marine Resources Conservation
18 Trust Fund within 7 days following the last business day of
19 the week in which the license fees were received by the
20 commission. One-fifth of the total proceeds derived from the
21 sale of 5-year licenses and replacement 5-year licenses, and
22 all interest derived therefrom, shall be available for
23 appropriation annually.
24 Section 4. Section 370.0609, Florida Statutes, is
25 amended to read:
26 370.0609 Expenditure of funds.--Any moneys available
27 pursuant to s. 370.0608(1)(c)1.c. shall be expended by the
28 Fish and Wildlife Conservation Commission within Florida
29 through grants and contracts for research with research
30 institutions, including, but not limited to: Florida Sea
31 Grant; Florida Marine Resources Council; Harbour Branch
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 Oceanographic Institute; Technological Research and
2 Development Authority; Florida Marine Research Institute of
3 the Fish and Wildlife Conservation Commission; Indian River
4 Region Research Institute; Mote Marine Laboratory; Marine
5 Resources Development Foundation; Florida Institute of
6 Oceanography; and Rosentiel School of Marine and Atmospheric
7 Science; and Smithsonian Marine Station at Ft. Pierce.
8 Section 5. Subsections (1), (5), and (9) of section
9 370.062, Florida Statutes, are amended to read:
10 370.062 Fish and Wildlife Conservation Commission
11 license program for tarpon; fees; penalties.--
12 (1) The Fish and Wildlife Conservation commission
13 shall establish a license program for the purpose of issuing
14 tags to individuals desiring to harvest tarpon (megalops
15 atlantica) from the waters of the state of Florida. The tags
16 shall be nontransferable, except that the commission may allow
17 for a limited number of tags to be purchased by professional
18 fishing guides for transfer to individuals, and issued by the
19 commission in order of receipt of a properly completed
20 application for a nonrefundable fee of $50 per tag. The
21 commission and any tax collector may sell the tags and collect
22 the fees therefor. Tarpon tags are valid from July 1 through
23 June 30. Before August 15 5 of each year, each tax collector
24 shall submit to the commission all unissued tags for the
25 previous calendar year along with a written audit report, on
26 forms prescribed or approved by the commission, as to the
27 numbers of the unissued tags. To defray the cost of issuing
28 any tag, the issuing tax collector shall collect and retain as
29 his or her costs, in addition to the tag fee collected, the
30 amount allowed under s. 372.561(4) for the issuance of
31 licenses.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 (5) Any individual including a taxidermist who
2 possesses a tarpon which does not have a tag securely attached
3 as required by this section shall be subject to penalties as
4 prescribed in s. 370.021. Provided, However, a taxidermist may
5 remove the tag during the process of mounting a tarpon. The
6 removed tag shall remain with the fish during any subsequent
7 storage or shipment.
8 (9) All tag fees collected by the commission shall be
9 transferred to the Marine Resources Conservation Trust Fund
10 within 7 days following the last business day of the week in
11 which the fees were received by the commission.
12 Section 6. Subsection (3) of section 370.13, Florida
13 Statutes, is amended to read:
14 370.13 Stone crab; regulation.--
15 (3) DEPREDATION PERMITS ENDORSEMENTS.--The Fish and
16 Wildlife Conservation commission shall issue a depredation
17 permit upon request to any marine aquaculture producer, as
18 defined in s. 370.26, engaged in the culture of shellfish. The
19 depredation permit endorsement on the saltwater products
20 license, which shall entitle the marine aquaculture producer
21 licenseholder to possess and use up to 75 stone crab traps and
22 up to 75 blue crab traps, notwithstanding any other provisions
23 of law, for the sole purpose of taking incidental take of
24 destructive or nuisance stone crabs or blue crabs within 1
25 mile of the producer's aquaculture shellfish beds. Any marine
26 aquaculture producer as defined by s. 370.26 who raises
27 shellfish may obtain a depredation endorsement by providing an
28 aquaculture registration certificate to the commission. No
29 stone crabs or blue crabs taken under this subsection may be
30 sold, bartered, or exchanged, or offered for sale, barter, or
31 exchange.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 Section 7. Article III of subsection (1) and
2 subsection (2) of section 370.19, Florida Statutes, are
3 amended to read:
4 370.19 Atlantic States Marine Fisheries Compact;
5 implementing legislation.--
6 (1) FORM.--The Governor of this state is hereby
7 authorized and directed to execute a compact on behalf of the
8 State of Florida with any one or more of the States of Maine,
9 New Hampshire, Massachusetts, Rhode Island, Connecticut, New
10 York, New Jersey, Delaware, Maryland, Virginia, North
11 Carolina, South Carolina, and Georgia, and with such other
12 states as may enter into the compact, legally joining therein
13 in the form substantially as follows:
14
15 ATLANTIC STATES MARINE FISHERIES
16 COMPACT
17
18 The contracting states solemnly agree:
19
20 ARTICLE III
21
22 Each state joining herein shall appoint three
23 representatives to a commission hereby constituted and
24 designated as the Atlantic States Marine Fisheries Commission.
25 One shall be the executive officer of the administrative
26 agency of such state charged with the conservation of the
27 fisheries resources to which this compact pertains or, if
28 there be more than one officer or agency, the official of that
29 state named by the governor thereof. The second shall be a
30 member of the legislature of such state designated by such
31 legislature or in the absence of such designation, such
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 legislator shall be designated by the governor thereof,
2 provided that if it is constitutionally impossible to appoint
3 a legislator as a commissioner from such state, the second
4 member shall be appointed in such manner as may be established
5 by law the house committee on commerce and reciprocal trade of
6 such state. The third shall be a citizen who shall have a
7 knowledge of and interest in the marine fisheries problem to
8 be appointed by the governor. This commission shall be a body
9 corporate with the powers and duties set forth herein.
10 (2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In
11 pursuance of Article III of said compact there shall be three
12 members (hereinafter called commissioners) of the Atlantic
13 States Marine Fisheries Commission (hereinafter called
14 commission) from this state. The first commissioner from this
15 state shall be the Executive Director of the Fish and Wildlife
16 Conservation Commission, ex officio, and the term of any such
17 ex officio commissioner shall terminate at the time he or she
18 ceases to hold said office of Executive Director of the Fish
19 and Wildlife Conservation Commission, and his or her successor
20 as commissioner shall be his or her successor as executive
21 director. The second commissioner from this state shall be a
22 legislator appointed on a rotating basis by the President of
23 the Senate or the Speaker of the House of Representatives,
24 beginning with the appointment of a member of the House of
25 Representatives, and member of the house committee on commerce
26 and reciprocal trade (of the State of Florida, ex officio,
27 designated by said house committee on commerce and reciprocal
28 trade), and the term of any such ex officio commissioner shall
29 terminate at the time he or she ceases to hold said
30 legislative office as commissioner on interstate cooperation,
31 and his or her successor as commissioner shall be named in
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 like manner. The Governor (subject to confirmation by the
2 Senate), shall appoint a citizen as a third commissioner who
3 shall have a knowledge of, and interest in, the marine
4 fisheries problem. The term of said commissioner shall be 3
5 years and the commissioner shall hold office until a successor
6 shall be appointed and qualified. Vacancies occurring in the
7 office of such commissioner from any reason or cause shall be
8 filled by appointment by the Governor (subject to confirmation
9 by the Senate), for the unexpired term. The Executive Director
10 of the Fish and Wildlife Conservation Commission as ex officio
11 commissioner may delegate, from time to time, to any deputy or
12 other subordinate in his or her department or office, the
13 power to be present and participate, including voting, as his
14 or her representative or substitute at any meeting of or
15 hearing by or other proceeding of the commission. The terms of
16 each of the initial three members shall begin at the date of
17 the appointment of the appointive commissioner, provided the
18 said compact shall then have gone into effect in accordance
19 with Article II of the compact; otherwise, they shall begin
20 upon the date upon which said compact shall become effective
21 in accordance with said Article II. Any commissioner may be
22 removed from office by the Governor upon charges and after a
23 hearing.
24 Section 8. Subsection (2) of section 370.20, Florida
25 Statutes, is amended to read:
26 370.20 Gulf States Marine Fisheries Compact;
27 implementing legislation.--
28 (2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In
29 pursuance of article III of said compact, there shall be three
30 members (hereinafter called commissioners) of the Gulf States
31 Marine Fisheries Commission (hereafter called commission) from
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 the State of Florida. The first commissioner from the State of
2 Florida shall be the Executive Director of the Fish and
3 Wildlife Conservation Commission, ex officio, and the term of
4 any such ex officio commissioner shall terminate at the time
5 he or she ceases to hold said office of Executive Director of
6 the Fish and Wildlife Conservation Commission, and his or her
7 successor as commissioner shall be his or her successor as
8 executive director. The second commissioner from the State of
9 Florida shall be a legislator appointed on a rotating basis by
10 the President of the Senate or the Speaker of the House of
11 Representatives, beginning with the appointment of a member of
12 the Senate and a member of the house committee on commerce and
13 reciprocal trade (of the State of Florida ex officio,
14 designated by said house committee on commerce and reciprocal
15 trade), and the term of any such ex officio commissioner shall
16 terminate at the time he or she ceases to hold said
17 legislative office as commissioner on interstate cooperation,
18 and his or her successor as commissioner shall be named in
19 like manner. The Governor (subject to confirmation by the
20 Senate) shall appoint a citizen as a third commissioner who
21 shall have a knowledge of and interest in the marine fisheries
22 problem. The term of said commissioner shall be 3 years and
23 the commissioner shall hold office until a successor shall be
24 appointed and qualified. Vacancies occurring in the office of
25 such commissioner from any reason or cause shall be filled by
26 appointment by the Governor (subject to confirmation by the
27 Senate) for the unexpired term. The Executive Director of the
28 Fish and Wildlife Conservation Commission, as ex officio
29 commissioner, may delegate, from time to time, to any deputy
30 or other subordinate in his or her department or office, the
31 power to be present and participate, including voting, as his
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 or her representative or substitute at any meeting of or
2 hearing by or other proceeding of the commission. The terms of
3 each of the initial three members shall begin at the date of
4 the appointment of the appointive commissioner, provided the
5 said compact shall then have gone into effect in accordance
6 with article II of the compact; otherwise they shall begin
7 upon the date upon which said compact shall become effective
8 in accordance with said article II. Any commissioner may be
9 removed from office by the Governor upon charges and after a
10 hearing.
11 Section 9. Paragraph (a) of subsection (6) of section
12 370.25, Florida Statutes, is amended to read:
13 370.25 Artificial reef program; grants and financial
14 and technical assistance to local governments.--
15 (6) It is unlawful for any person to:
16 (a) Place artificial-reef-construction materials in
17 state waters outside zones permitted under the terms and
18 conditions defined in any artificial-reef permits issued by
19 the United States Army Corps of Engineers or by the Department
20 of Environmental Protection Fish and Wildlife Conservation
21 Commission.
22 Section 10. Paragraph (b) of subsection (1) of section
23 372.0215, Florida Statutes, is amended to read:
24 372.0215 Citizen support organizations; use of state
25 property; audit.--
26 (1) The Fish and Wildlife Conservation Commission may
27 authorize the establishment of citizen support organizations
28 to provide assistance, funding, and promotional support for
29 the programs of the commission. For purposes of this section,
30 the term "citizen support organization" means an organization
31 which:
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 (b) Is organized and operated to conduct programs and
2 activities; raise funds; request and receive grants, gifts,
3 and bequests of money; acquire, receive, hold, invest, and
4 administer in its own name securities, funds, or real or
5 personal property; and make expenditures for the benefit of
6 the commission or an individual program unit of the
7 commission; except that such organization may not receive
8 funds from the commission or the Florida Marine Research
9 Institute by grant, gift, or contract unless specifically
10 authorized by the Legislature.
11 Section 11. Subsection (5) of section 372.561, Florida
12 Statutes, is amended to read:
13 372.561 Issuance of licenses to take wild animal life
14 or freshwater aquatic life; costs; reporting.--
15 (5)(a) Hunting and fishing licenses and permits shall
16 be issued, without fee, to any resident who is certified:
17 1. To be totally and permanently disabled by the
18 Railroad Retirement Board, or by the United States Department
19 of Veterans Affairs or its predecessor, or by any branch of
20 the United States Armed Forces, or who holds a valid
21 identification card issued under the provisions of s. 295.17,
22 upon proof of the same. Any license issued under this
23 provision after January 1, 1997, expires after 5 years and
24 must be reissued, upon request, every 5 years thereafter.
25 2. To be totally disabled by the United States Social
26 Security Administration upon proof of the same. Any license
27 issued under this provision after October 1, 1999, expires
28 after 2 years and must be reissued, upon proof of
29 certification as provided in this subsection, every 2 years
30 thereafter.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 (b) Notwithstanding any other provisions of this
2 section, any person who has received after July 1, 1997, and
3 before July 1, 2000, a valid disability license issued under
4 this subsection, retains the rights vested thereunder until
5 the license has expired.
6 (c) Notwithstanding any other provision of this
7 subsection, a disability license issued prior to July 1, 1997,
8 is valid when produced upon request.
9 Section 12. Section 374.977, Florida Statutes, is
10 amended to read:
11 374.977 Inland navigation districts; manatee
12 protection speed zones, responsibility for sign posting.--Each
13 inland navigation district shall be responsible for posting
14 and maintaining regulatory markers, as approved by the Fish
15 and Wildlife Conservation Commission Department of
16 Environmental Protection, for manatee protection speed zones.
17 Such responsibility shall not be limited to the intracoastal
18 waterway, but shall include all waters within each member
19 county for which regulatory markers must be posted. Sign
20 locations shall be jointly selected by the Fish and Wildlife
21 Conservation Commission Department of Environmental Protection
22 and the appropriate inland navigation district, pending
23 necessary federal, state and local approvals. Should an inland
24 navigation district lack the resources or otherwise be unable
25 to carry out its sign posting and maintenance duties, this
26 responsibility shall then be assumed by the Fish and Wildlife
27 Conservation Commission Department of Environmental
28 Protection.
29 Section 13. This act shall take effect July 1, 2001.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1913
194-156A-01
1 *****************************************
2 HOUSE SUMMARY
3
Revises various provisions relating to activities
4 regulated by the Fish and Wildlife Conservation
Commission, including provisions relating to: exemptions
5 from hunting and fishing licenses and saltwater products
license income requirements for persons with
6 disabilities; deposit of license fees; issuance of
license tags for harvesting tarpon; issuance of
7 endorsements for trapping of stone crabs or blue crabs
preying upon aquaculture shellfish beds, and prohibitions
8 related thereto; membership of the Atlantic States Marine
Fisheries Compact; membership of the Gulf States Marine
9 Fisheries Compact; issuance of artificial reef permits;
funding of support organizations authorized by the
10 commission; and posting of signs for manatee protection
zones. See bill for details.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.