SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
CHAMBER ACTION
Senate House
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11 Senator Pruitt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (4) of section 327.73, Florida
18 Statutes, is amended to read:
19 327.73 Noncriminal infractions.--
20 (4) Any person charged with a noncriminal infraction
21 under this section may:
22 (a) Pay the civil penalty, either by mail or in
23 person, within 30 days of the date of receiving the citation;
24 or,
25 (b) If he or she has posted bond, forfeit bond by not
26 appearing at the designated time and location.
27
28 If the person cited follows either of the above procedures, he
29 or she shall be deemed to have admitted the noncriminal
30 infraction and to have waived the right to a hearing on the
31 issue of commission of the infraction. Such admission shall
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1 not be used as evidence in any other proceedings. If a person
2 who is cited for a violation of s. 327.395 can show a boating
3 safety identification card issued to him or her and valid at
4 the time of the citation, the clerk of the court may dismiss
5 the case and may assess a $5 dismissal fee.
6 Section 2. Subsections (1) and (15) of section 328.72,
7 Florida Statutes, are amended to read:
8 328.72 Classification; registration; fees and charges;
9 surcharge; disposition of fees; fines; marine turtle
10 stickers.--
11 (1) VESSEL REGISTRATION FEE.--Vessels that are
12 required to be registered shall be classified for registration
13 purposes according to the following schedule, and the
14 registration certificate fee shall be in the following
15 amounts:
16 Class A-1--Less than 12 feet in length, and all canoes
17 to which propulsion motors have been attached, regardless of
18 length..............................................$8.50$3.50
19 Class A-2--12 feet or more and less than 16 feet in
20 length..............................................15.5010.50
21 (To county)...............................................2.85
22 Class 1--16 feet or more and less than 26 feet in
23 length..............................................28.5018.50
24 (To county)...............................................8.85
25 Class 2--26 feet or more and less than 40 feet in
26 length..............................................65.5050.50
27 (To county)..............................................32.85
28 Class 3--40 feet or more and less than 65 feet in
29 length..............................................97.5082.50
30 (To county)..............................................56.85
31 Class 4--65 feet or more and less than 110 feet in
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1 length.............................................113.5098.50
2 (To county)..............................................68.85
3 Class 5--110 feet or more in length........137.50122.50
4 (To county)..............................................86.85
5 Dealer registration certificate..............26.5016.50
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7 The county portion of the vessel registration fee is derived
8 from recreational vessels only.
9 (15) DISTRIBUTION OF FEES.--Moneys designated for the
10 use of the counties, as specified in subsection (1), shall be
11 distributed by the tax collector to the board of county
12 commissioners for use as provided in this section. Such
13 moneys to be returned to the counties are for the sole
14 purposes of providing recreational channel marking and public
15 launching facilities and other boating-related activities, for
16 removal of vessels and floating structures deemed a hazard to
17 public safety and health for failure to comply with s. 327.53,
18 and for manatee and marine mammal protection and recovery. The
19 county portion of the vessel registration certificate fee
20 collected by the Fast Title Section of the Bureau of Titles
21 and Registration of the Department of Highway Safety and Motor
22 Vehicles must be returned to the vessel owner's county of
23 Florida residence.
24 Section 3. Subsection (1) of section 328.76, Florida
25 Statutes, is amended to read:
26 328.76 Marine Resources Conservation Trust Fund;
27 vessel registration funds; appropriation and distribution.--
28 (1) Except as otherwise specified and less any
29 administrative costs, all funds collected from the
30 registration of vessels through the Department of Highway
31 Safety and Motor Vehicles and the tax collectors of the state,
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1 except for those funds designated for the use of the counties
2 pursuant to s. 328.72(1), shall be deposited in the Marine
3 Resources Conservation Trust Fund for recreational channel
4 marking; public launching facilities; law enforcement and
5 quality control programs; aquatic weed control; manatee
6 protection, recovery, rescue, rehabilitation, and release; and
7 marine mammal protection and recovery. The funds collected
8 pursuant to s. 328.72(1) shall 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 (e)1. The following amounts shall be transferred to
30 the Marine Resources Conservation Trust Fund to fund
31 additional on-the-water law enforcement efforts of the Florida
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1 Fish and Wildlife Conservation Commission:
2 a. $3 from each Class A-1 vessel registration fee.
3 b. $3 from each Class A-2 vessel registration fee.
4 c. $8 from each Class 1 vessel registration fee.
5 d. $13 from each Class 2 vessel registration fee.
6 e. $13 from each Class 3 vessel registration fee.
7 f. $13 from each Class 4 vessel registration fee.
8 g. $13 from each Class 5 vessel registration fee.
9 h. $8 from each dealer registration certificate.
10 2. One dollar from each vessel registered in this
11 state must be used to fund additional research and development
12 of manatee protection and technology with the primary focus
13 for manatee-avoidance technology for watercrafts, and $1 from
14 each vessel registered in this state shall be used for
15 additional funding for manatee population research and census
16 efforts, and manatee signs on waterways.
17 Section 4. Paragraph (a) of subsection (2) of section
18 370.06, Florida Statutes, is amended to read:
19 370.06 Licenses.--
20 (2) SALTWATER PRODUCTS LICENSE.--
21 (a) Every person, firm, or corporation that sells,
22 offers for sale, barters, or exchanges for merchandise any
23 saltwater products, or which harvests saltwater products with
24 certain gear or equipment as specified by law, must have a
25 valid saltwater products license, except that the holder of an
26 aquaculture certificate under s. 597.004 is not required to
27 purchase and possess a saltwater products license in order to
28 possess, transport, or sell marine aquaculture products. Each
29 saltwater products license allows the holder to engage in any
30 of the activities for which the license is required. The
31 license must be in the possession of the licenseholder or
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1 aboard the vessel and shall be subject to inspection at any
2 time that harvesting activities for which a license is
3 required are being conducted. A restricted species endorsement
4 on the saltwater products license is required to sell to a
5 licensed wholesale dealer those species which the state, by
6 law or rule, has designated as "restricted species." This
7 endorsement may be issued only to a person who is at least 16
8 years of age, or to a firm certifying that over 25 percent of
9 its income or $5,000 of its income, whichever is less, is
10 attributable to the sale of saltwater products pursuant to a
11 license issued under this paragraph or a similar license from
12 another state. This endorsement may also be issued to a
13 for-profit corporation if it certifies that at least $5,000 of
14 its income is attributable to the sale of saltwater products
15 pursuant to a license issued under this paragraph or a similar
16 license from another state. However, if at least 50 percent of
17 the annual income of a person, firm, or for-profit corporation
18 is derived from charter fishing, the person, firm, or
19 for-profit corporation must certify that at least $2,500 of
20 the income of the person, firm, or corporation is attributable
21 to the sale of saltwater products pursuant to a license issued
22 under this paragraph or a similar license from another state,
23 in order to be issued the endorsement. Such income attribution
24 must apply to at least 1 year out of the last 3 years. For the
25 purpose of this section "income" means that income which is
26 attributable to work, employment, entrepreneurship, pensions,
27 retirement benefits, and social security benefits. To renew an
28 existing restricted species endorsement, a marine aquaculture
29 producer possessing a valid saltwater products license with a
30 restricted species endorsement may apply income from the sale
31 of marine aquaculture products to licensed wholesale dealers.
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1 1. The commission is authorized to require
2 verification of such income. Acceptable proof of income earned
3 from the sale of saltwater products shall be:
4 a. Copies of trip ticket records generated pursuant to
5 this subsection (marine fisheries information system),
6 documenting qualifying sale of saltwater products;
7 b. Copies of sales records from locales other than
8 Florida documenting qualifying sale of saltwater products;
9 c. A copy of the applicable federal income tax return,
10 including Form 1099 attachments, verifying income earned from
11 the sale of saltwater products;
12 d. Crew share statements verifying income earned from
13 the sale of saltwater products; or
14 e. A certified public accountant's notarized statement
15 attesting to qualifying source and amount of income.
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17 Any provision of this section or any other section of the
18 Florida Statutes to the contrary notwithstanding, any person
19 who owns a retail seafood market or restaurant at a fixed
20 location for at least 3 years who has had an occupational
21 license for 3 years prior to January 1, 1990, who harvests
22 saltwater products to supply his or her retail store and has
23 had a saltwater products license for 1 of the past 3 years
24 prior to January 1, 1990, may provide proof of his or her
25 verification of income and sales value at the person's retail
26 seafood market or restaurant and in his or her saltwater
27 products enterprise by affidavit and shall thereupon be issued
28 a restricted species endorsement.
29 2. Exceptions from income requirements shall be as
30 follows:
31 a. A permanent restricted species endorsement shall be
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1 available to those persons age 62 and older who have qualified
2 for such endorsement for at least 3 out of the last 5 years.
3 b. Active military duty time shall be excluded from
4 consideration of time necessary to qualify and shall not be
5 counted against the applicant for purposes of qualifying.
6 c. Upon the sale of a used commercial fishing vessel
7 owned by a person, firm, or corporation possessing or eligible
8 for a restricted species endorsement, the purchaser of such
9 vessel shall be exempted from the qualifying income
10 requirement for the purpose of obtaining a restricted species
11 endorsement for a period of 1 year after purchase of the
12 vessel.
13 d. Upon the death or permanent disablement of a person
14 possessing a restricted species endorsement, an immediate
15 family member wishing to carry on the fishing operation shall
16 be exempted from the qualifying income requirement for the
17 purpose of obtaining a restricted species endorsement for a
18 period of 1 year after the death or disablement.
19 e. A restricted species endorsement may be issued on
20 an individual saltwater products license to a person age 62 or
21 older who documents that at least $2,500 is attributable to
22 the sale of saltwater products pursuant to the provisions of
23 this paragraph.
24 f. A permanent restricted species endorsement may also
25 be issued on an individual saltwater products license to a
26 person age 70 or older who has held a saltwater products
27 license for at least 3 of the last 5 license years.
28 g.(I) Any resident who is certified to be totally and
29 permanently disabled by the Railroad Retirement Board, by the
30 United States Department of Veterans Affairs or its
31 predecessor, or by any branch of the United States Armed
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1 Forces, or who holds a valid identification card issued by the
2 Department of Veterans' Affairs pursuant to s. 295.17, upon
3 proof of the same, or any resident certified to be totally
4 disabled by the United States Social Security Administration,
5 upon proof of the same, shall be exempted from the income
6 requirements if he or she also has held a saltwater products
7 license for at least 3 of the last 5 license years prior to
8 the date of the disability.
9 (II) A Disability Award Notice issued by the United
10 States Social Security Administration is not sufficient
11 certification for a resident to obtain the income exemption
12 unless the notice certifies that the resident is totally
13 disabled.
14
15 At least one saltwater products license bearing a restricted
16 species endorsement shall be aboard any vessel harvesting
17 restricted species in excess of any bag limit or when fishing
18 under a commercial quota or in commercial quantities, and such
19 vessel shall have a commercial vessel registration. This
20 subsection does not apply to any person, firm, or corporation
21 licensed under s. 370.07(1)(a)1. or (b) for activities
22 pursuant to such licenses. A saltwater products license may be
23 issued in the name of an individual or a valid boat
24 registration number. Such license is not transferable. A decal
25 shall be issued with each saltwater products license issued to
26 a valid boat registration number. The saltwater products
27 license decal shall be the same color as the vessel
28 registration decal issued each year pursuant to s. 328.48(5)
29 and shall indicate the period of time such license is valid.
30 The saltwater products license decal shall be placed beside
31 the vessel registration decal and, in the case of an
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1 undocumented vessel, shall be placed so that the vessel
2 registration decal lies between the vessel registration number
3 and the saltwater products license decal. Any saltwater
4 products license decal for a previous year shall be removed
5 from a vessel operating on the waters of the state. A resident
6 shall pay an annual license fee of $50 for a saltwater
7 products license issued in the name of an individual or $100
8 for a saltwater products license issued to a valid boat
9 registration number. A nonresident shall pay an annual license
10 fee of $200 for a saltwater products license issued in the
11 name of an individual or $400 for a saltwater products license
12 issued to a valid boat registration number. An alien shall pay
13 an annual license fee of $300 for a saltwater products license
14 issued in the name of an individual or $600 for a saltwater
15 products license issued to a valid boat registration number.
16 Any person who sells saltwater products pursuant to this
17 license may sell only to a licensed wholesale dealer. A
18 saltwater products license must be presented to the licensed
19 wholesale dealer each time saltwater products are sold, and an
20 imprint made thereof. The wholesale dealer shall keep records
21 of each transaction in such detail as may be required by rule
22 of the commission not in conflict with s. 370.07(6), and shall
23 provide the holder of the saltwater products license with a
24 copy of the record. It is unlawful for any licensed wholesale
25 dealer to buy saltwater products from any unlicensed person
26 under the provisions of this section, except that a licensed
27 wholesale dealer may buy from another licensed wholesale
28 dealer. It is unlawful for any licensed wholesale dealer to
29 buy saltwater products designated as "restricted species" from
30 any person, firm, or corporation not possessing a restricted
31 species endorsement on his or her saltwater products license
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1 under the provisions of this section, except that a licensed
2 wholesale dealer may buy from another licensed wholesale
3 dealer. The commission shall be the licensing agency, may
4 contract with private persons or entities to implement aspects
5 of the licensing program, and shall establish by rule a marine
6 fisheries information system in conjunction with the licensing
7 program to gather fisheries data.
8 Section 5. Paragraph (c) of subsection (2) of section
9 370.0603, Florida Statutes, is amended to read:
10 370.0603 Marine Resources Conservation Trust Fund;
11 purposes.--
12 (2) The Marine Resources Conservation Trust Fund shall
13 receive the proceeds from:
14 (c) All fees collected pursuant to ss. 370.062,
15 370.063, and 370.142, and 372.5704.
16 Section 6. Section 370.0608, Florida Statutes, is
17 renumbered as section 372.5701, Florida Statutes, and amended
18 to read:
19 372.5701 370.0608 Deposit of license fees; allocation
20 of federal funds.--
21 (1) Except as otherwise provided in ss. 372.105 and
22 372.106, all saltwater license and permit fees collected
23 pursuant to s. 372.57 All license fees collected pursuant to
24 s. 370.0605 shall be deposited into the Marine Resources
25 Conservation Trust Fund, to be used as follows:
26 (a) Not less than 35 percent of the total fees
27 collected shall be used for marine fisheries management,
28 saltwater fisheries enhancement, including but not limited to,
29 fishery statistics development, artificial reefs, and fish
30 hatcheries. Not more than 5 percent of the total fees
31 collected shall be used to carry out the responsibilities of
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1 the Fish and Wildlife Conservation Commission and to provide
2 for the award of funds to marine research institutions in this
3 state for the purposes of enabling such institutions to
4 conduct worthy marine research projects.
5 (b) Not less than 2.5 percent of the total fees
6 collected shall be used for saltwater aquatic education
7 purposes.
8 (c)1. The remainder of such fees shall be used by the
9 commission department for the following program functions:
10 a. Not more than 5 percent of the total fees
11 collected, for administration of the licensing program and for
12 information and education relating to saltwater fisheries.
13 b. Not less more than 30 percent of the total fees
14 collected, for marine law enforcement.
15 c. Not less than 27.5 percent of the total fees
16 collected, for marine research.
17 d. Not less than 30 percent of the total fees
18 collected, for fishery enhancement, including, but not limited
19 to, fishery statistics development, artificial reefs, and fish
20 hatcheries.
21 2. The Legislature shall annually appropriate to the
22 commission from the General Revenue Fund for the activities
23 and programs specified in subparagraph 1. at least the same
24 amount of money as was appropriated to the Department of
25 Environmental Protection from the General Revenue Fund for
26 such activities and programs for fiscal year 1988-1989, and
27 the amounts appropriated to the commission for such activities
28 and programs from the Marine Resources Conservation Trust Fund
29 shall be in addition to the amount appropriated to the
30 commission for such activities and programs from the General
31 Revenue Fund. The proceeds from recreational saltwater fishing
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1 license fees paid by fishers shall only be appropriated to the
2 commission.
3 (2) Funds available from the Wallop-Breaux Aquatic
4 Resources Trust Fund shall be distributed by the commission
5 between the Division of Freshwater Fisheries and the Division
6 of Marine Fisheries in proportion to the numbers of resident
7 fresh and saltwater anglers as determined by the most current
8 data on license sales. Unless otherwise provided by federal
9 law, the commission, at a minimum, shall provide the
10 following:
11 (a) Not less than 5 percent or more than 10 percent of
12 the funds allocated to the commission shall be expended for an
13 aquatic resources education program; and
14 (b) Not less than 10 percent of the funds allocated to
15 the commission shall be expended for acquisition, development,
16 renovation, or improvement of boating facilities.
17 (3) All license fees collected pursuant to s. 370.0605
18 shall be transferred to the Marine Resources Conservation
19 Trust Fund within 7 days following the last business day of
20 the week in which the license fees were received by the
21 commission. One-fifth of the total proceeds derived from the
22 sale of 5-year licenses and replacement 5-year licenses, and
23 all interest derived therefrom, shall be available for
24 appropriation annually.
25 Section 7. Section 370.0609, Florida Statutes, is
26 renumbered as section 372.5702, Florida Statutes, and amended
27 to read:
28 372.5702 370.0609 Expenditure of funds.--Any moneys
29 available pursuant to s. 372.5701 370.0608(1)(c)1.c. may shall
30 be expended by the Fish and Wildlife Conservation Commission
31 within Florida through grants and contracts for research with
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1 research institutions including but not limited to: Florida
2 Sea Grant; Florida Marine Resources Council; Harbour Branch
3 Oceanographic Institute; Technological Research and
4 Development Authority; Florida Marine Research Institute of
5 the Fish and Wildlife Conservation Commission; Indian River
6 Region Research Institute; Mote Marine Laboratory; Marine
7 Resources Development Foundation; Florida Institute of
8 Oceanography; and Rosentiel School of Marine and Atmospheric
9 Science; and Smithsonian Marine Station at Ft. Pierce.
10 Section 8. Section 370.062, Florida Statutes, is
11 renumbered as section 372.5704, Florida Statutes, and
12 subsections (1) and (9) of said section are amended to read:
13 372.5704 370.062 Fish and Wildlife Conservation
14 Commission license program for tarpon; fees; penalties.--
15 (1) The Fish and Wildlife Conservation commission
16 shall establish a license program for the purpose of issuing
17 tags to individuals desiring to harvest tarpon (megalops
18 atlantica) from the waters of the state of Florida. The tags
19 shall be nontransferable, except that the commission may allow
20 for a limited number of tags to be purchased by professional
21 fishing guides for transfer to individuals, and issued by the
22 commission in order of receipt of a properly completed
23 application for a nonrefundable fee of $50 per tag. The
24 commission and any tax collector may sell the tags and collect
25 the fees therefor. Tarpon tags are valid from July 1 through
26 June 30. Before August 15 5 of each year, each tax collector
27 shall submit to the commission all unissued tags for the
28 previous fiscal calendar year along with a written audit
29 report, on forms prescribed or approved by the commission, as
30 to the numbers of the unissued tags. To defray the cost of
31 issuing any tag, the issuing tax collector shall collect and
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1 retain as his or her costs, in addition to the tag fee
2 collected, the amount allowed under s. 372.561(7)(4) for the
3 issuance of licenses.
4 (9) All tag fees collected by the commission shall be
5 transferred to the Marine Resources Conservation Trust Fund
6 within 7 days following the last business day of the week in
7 which the fees were received by the commission.
8 Section 9. Subsection (3) of section 370.063, Florida
9 Statutes, is amended to read:
10 370.063 Special recreational crawfish license.--There
11 is created a special recreational crawfish license, to be
12 issued to qualified persons as provided by this section for
13 the recreational harvest of crawfish (spiny lobster) beginning
14 August 5, 1994.
15 (3) The holder of a special recreational crawfish
16 license must also possess the recreational crawfish permit
17 required by s. 372.57(8)(e) 370.14(10) and the license
18 required by s. 370.0605.
19 Section 10. Subsection (3) of section 370.13, Florida
20 Statutes, is amended to read:
21 370.13 Stone crab; regulation.--
22 (3) DEPREDATION PERMITS ENDORSEMENTS.--The Fish and
23 Wildlife Conservation commission shall issue a depredation
24 permit upon request to any marine aquaculture producer, as
25 defined in s. 370.26, engaged in the culture of shellfish. The
26 depredation permit endorsement on the saltwater products
27 license, which shall entitle the marine aquaculture producer
28 licenseholder to possess and use up to 75 stone crab traps and
29 up to 75 blue crab traps, notwithstanding any other provisions
30 of law, for the sole purpose of taking incidental take of
31 destructive or nuisance stone crabs or blue crabs within 1
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1 mile of the producer's aquaculture shellfish beds. Any marine
2 aquaculture producer as defined by s. 370.26 who raises
3 shellfish may obtain a depredation endorsement by providing an
4 aquaculture registration certificate to the commission. No
5 stone crabs or blue crabs taken under this subsection may be
6 sold, bartered, or exchanged, or offered for sale, barter, or
7 exchange.
8 Section 11. Article III of subsection (1) and
9 subsection (2) of section 370.19, Florida Statutes, are
10 amended to read:
11 370.19 Atlantic States Marine Fisheries Compact;
12 implementing legislation.--
13 (1) FORM.--The Governor of this state is hereby
14 authorized and directed to execute a compact on behalf of the
15 State of Florida with any one or more of the States of Maine,
16 New Hampshire, Massachusetts, Rhode Island, Connecticut, New
17 York, New Jersey, Delaware, Maryland, Virginia, North
18 Carolina, South Carolina, and Georgia, and with such other
19 states as may enter into the compact, legally joining therein
20 in the form substantially as follows:
21
22 ATLANTIC STATES MARINE FISHERIES
23 COMPACT
24
25 The contracting states solemnly agree:
26
27 ARTICLE III
28
29 Each state joining herein shall appoint three
30 representatives to a commission hereby constituted and
31 designated as the Atlantic States Marine Fisheries Commission.
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1 One shall be the executive officer of the administrative
2 agency of such state charged with the conservation of the
3 fisheries resources to which this compact pertains or, if
4 there be more than one officer or agency, the official of that
5 state named by the governor thereof. The second shall be a
6 member of the legislature of such state designated by such
7 legislature or in the absence of such designation, such
8 legislator shall be designated by the governor thereof,
9 provided that if it is constitutionally impossible to appoint
10 a legislator as a commissioner from such state, the second
11 member shall be appointed in such manner as may be established
12 by law the house committee on commerce and reciprocal trade of
13 such state. The third shall be a citizen who shall have a
14 knowledge of and interest in the marine fisheries problem to
15 be appointed by the governor. This commission shall be a body
16 corporate with the powers and duties set forth herein.
17 (2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In
18 pursuance of Article III of said compact there shall be three
19 members (hereinafter called commissioners) of the Atlantic
20 States Marine Fisheries Commission (hereinafter called
21 commission) from this state. The first commissioner from this
22 state shall be the Executive Director of the Fish and Wildlife
23 Conservation Commission, ex officio, and the term of any such
24 ex officio commissioner shall terminate at the time he or she
25 ceases to hold said office of Executive Director of the Fish
26 and Wildlife Conservation Commission, and his or her successor
27 as commissioner shall be his or her successor as executive
28 director. The second commissioner from this state shall be a
29 legislator appointed on a rotating basis by the President of
30 the Senate or the Speaker of the House of Representatives,
31 beginning with the appointment of a member of the Senate and
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1 member of the house committee on commerce and reciprocal trade
2 (of the State of Florida, ex officio, designated by said house
3 committee on commerce and reciprocal trade), and the term of
4 any such ex officio commissioner shall terminate at the time
5 he or she ceases to hold said legislative office as
6 commissioner on interstate cooperation, and his or her
7 successor as commissioner shall be named in like manner. The
8 Governor (subject to confirmation by the Senate), shall
9 appoint a citizen as a third commissioner who shall have a
10 knowledge of, and interest in, the marine fisheries problem.
11 The term of said commissioner shall be 3 years and the
12 commissioner shall hold office until a successor shall be
13 appointed and qualified. Vacancies occurring in the office of
14 such commissioner from any reason or cause shall be filled by
15 appointment by the Governor (subject to confirmation by the
16 Senate), for the unexpired term. The Executive Director of the
17 Fish and Wildlife Conservation Commission as ex officio
18 commissioner may delegate, from time to time, to any deputy or
19 other subordinate in his or her department or office, the
20 power to be present and participate, including voting, as his
21 or her representative or substitute at any meeting of or
22 hearing by or other proceeding of the commission. The terms of
23 each of the initial three members shall begin at the date of
24 the appointment of the appointive commissioner, provided the
25 said compact shall then have gone into effect in accordance
26 with Article II of the compact; otherwise, they shall begin
27 upon the date upon which said compact shall become effective
28 in accordance with said Article II. Any commissioner may be
29 removed from office by the Governor upon charges and after a
30 hearing.
31 Section 12. Subsection (2) of section 370.20, Florida
18
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 Statutes, is amended to read:
2 370.20 Gulf States Marine Fisheries Compact;
3 implementing legislation.--
4 (2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In
5 pursuance of article III of said compact, there shall be three
6 members (hereinafter called commissioners) of the Gulf States
7 Marine Fisheries Commission (hereafter called commission) from
8 the State of Florida. The first commissioner from the State of
9 Florida shall be the Executive Director of the Fish and
10 Wildlife Conservation Commission, ex officio, and the term of
11 any such ex officio commissioner shall terminate at the time
12 he or she ceases to hold said office of Executive Director of
13 the Fish and Wildlife Conservation Commission, and his or her
14 successor as commissioner shall be his or her successor as
15 executive director. The second commissioner from the State of
16 Florida shall be a legislator appointed on a rotating basis by
17 the President of the Senate or the Speaker of the House of
18 Representatives, beginning with the appointment of a member of
19 the House of Representatives and a member of the house
20 committee on commerce and reciprocal trade (of the State of
21 Florida ex officio, designated by said house committee on
22 commerce and reciprocal trade), and the term of any such ex
23 officio commissioner shall terminate at the time he or she
24 ceases to hold said legislative office as commissioner on
25 interstate cooperation, and his or her successor as
26 commissioner shall be named in like manner. The Governor
27 (subject to confirmation by the Senate) shall appoint a
28 citizen as a third commissioner who shall have a knowledge of
29 and interest in the marine fisheries problem. The term of said
30 commissioner shall be 3 years and the commissioner shall hold
31 office until a successor shall be appointed and qualified.
19
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 Vacancies occurring in the office of such commissioner from
2 any reason or cause shall be filled by appointment by the
3 Governor (subject to confirmation by the Senate) for the
4 unexpired term. The Executive Director of the Fish and
5 Wildlife Conservation Commission, as ex officio commissioner,
6 may delegate, from time to time, to any deputy or other
7 subordinate in his or her department or office, the power to
8 be present and participate, including voting, as his or her
9 representative or substitute at any meeting of or hearing by
10 or other proceeding of the commission. The terms of each of
11 the initial three members shall begin at the date of the
12 appointment of the appointive commissioner, provided the said
13 compact shall then have gone into effect in accordance with
14 article II of the compact; otherwise they shall begin upon the
15 date upon which said compact shall become effective in
16 accordance with said article II. Any commissioner may be
17 removed from office by the Governor upon charges and after a
18 hearing.
19 Section 13. Paragraph (a) of subsection (6) of section
20 370.25, Florida Statutes, is amended to read:
21 370.25 Artificial reef program; grants and financial
22 and technical assistance to local governments.--
23 (6) It is unlawful for any person to:
24 (a) Place artificial-reef-construction materials in
25 state waters outside zones permitted under the terms and
26 conditions defined in any artificial-reef permits issued by
27 the United States Army Corps of Engineers or by the Department
28 of Environmental Protection Fish and Wildlife Conservation
29 Commission.
30 Section 14. Paragraph (b) of subsection (2) and
31 subsection (3) of section 372.105, Florida Statutes, are
20
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 amended to read:
2 372.105 Lifetime Fish and Wildlife Trust Fund.--
3 (2) The principal of the fund shall be derived from
4 the following:
5 (b) Proceeds from the sale of lifetime licenses issued
6 in accordance with s. 372.57 with the exception of the
7 saltwater portion of the lifetime sportsman's license.
8 (3) The fund is declared to constitute a special trust
9 derived from a contractual relationship between the state and
10 the members of the public whose investments contribute to the
11 fund. In recognition of such special trust, the following
12 limitations and restrictions are placed on expenditures from
13 the funds:
14 (a) No expenditure or disbursement shall be made from
15 the principal of the fund.
16 (b) The interest income received and accruing from the
17 investments of proceeds from the sale of lifetime freshwater
18 fishing licenses and lifetime hunting licenses the fund shall
19 be spent in furtherance of the commission's exercise of the
20 regulatory and executive powers of the state with respect to
21 the management, protection, and conservation of wild animal
22 life and freshwater aquatic life as set forth in s. 9, Art. IV
23 of the State Constitution and this chapter and as otherwise
24 authorized by the Legislature.
25 (c) The interest income received and accruing from the
26 investments of proceeds from the sale of lifetime saltwater
27 fishing licenses shall be expended for marine law enforcement,
28 marine research, and marine fishery enhancement.
29 (d)(c) No expenditures or disbursements from the
30 interest income derived from the sale of lifetime licenses
31 shall be made for any purpose until the respective holders of
21
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 such licenses attain the age of 16 years. The Fish and
2 Wildlife Conservation Commission as administrator of the fund
3 shall determine actuarially on an annual basis the amounts of
4 interest income within the fund which may be disbursed
5 pursuant to this paragraph. The director shall cause deposits
6 of proceeds from the sale of lifetime licenses to be
7 identifiable by the ages of the license recipients.
8 (e)(d) Any limitations or restrictions specified by
9 the donors on the uses of the interest income derived from
10 gifts, grants, and voluntary contributions shall be respected
11 but shall not be binding.
12 (f)(e) The fund shall be exempt from the provisions of
13 s. 215.20.
14 Section 15. Section 372.106, Florida Statutes, is
15 amended to read:
16 372.106 Dedicated License Trust Fund.--
17 (1) There is established within the Fish and Wildlife
18 Conservation Commission the Dedicated License Trust Fund. The
19 fund shall be credited with moneys collected pursuant to s.
20 ss. 370.0605 and 372.57 for 5-year licenses and replacement
21 5-year licenses.
22 (2)(a) One-fifth of the total proceeds from the sale
23 of 5-year freshwater fishing and hunting licenses and
24 replacement licenses, and all interest derived therefrom,
25 shall be appropriated annually to the State Game Trust Fund.
26 (b) One-fifth of the total proceeds from the sale of
27 5-year saltwater fishing licenses and replacement licenses,
28 and all interest derived therefrom, shall be appropriated
29 annually to the Marine Resources Conservation Trust Fund.
30 (3)(2) The fund shall be exempt from the provisions of
31 s. 215.20.
22
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 Section 16. Subsections (1) and (4) of section 372.16,
2 Florida Statutes, are amended to read:
3 372.16 Private game preserves and farms; penalty.--
4 (1) Any person owning land in this state may, after
5 having secured a license therefor from the Fish and Wildlife
6 Conservation Commission, establish, maintain, and operate
7 within the boundaries thereof, a private preserve and farm,
8 not exceeding an area of 640 acres, for the protection,
9 preservation, propagation, rearing, and production of game
10 birds and animals for private and commercial purposes,
11 provided that no two game preserves shall join each other or
12 be connected. Before any private game preserve or farm is
13 established, the owner or operator shall secure a license from
14 the commission, the fee for which is $25 per year.
15 (4) Any person violating the provisions of this
16 section shall for the first offense commits be guilty of a
17 misdemeanor of the second degree, punishable as provided in s.
18 775.082 or s. 775.083, and for a second or subsequent offense
19 commits shall be guilty of a misdemeanor of the first degree,
20 punishable as provided in s. 775.082 or s. 775.083. Any
21 person convicted of violating the provisions of this section
22 shall forfeit, to the Fish and Wildlife Conservation
23 commission, any license or permit issued under this section
24 the provisions hereof; and no further license or permit shall
25 be issued to such person for a period of 1 year following such
26 conviction. Before any private game preserve or farm is
27 established, the owner or operator shall secure a license from
28 the Fish and Wildlife Conservation Commission, the fee for
29 which shall be $5 per year.
30 Section 17. Section 372.561, Florida Statutes, is
31 amended to read:
23
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 (Substantial rewording of section. See
2 s. 372.561, F.S., for present text.)
3 372.561 Recreational licenses, permits, and
4 authorization numbers to take wild animal life, freshwater
5 aquatic life, and marine life; issuance; costs; reporting.--
6 (1) This section applies to all recreational licenses
7 and permits and to any authorization numbers issued by the
8 commission through the electronic sale of recreational
9 licenses or permits.
10 (2) The commission shall establish forms for the
11 issuance of recreational licenses and permits.
12 (3) The commission shall issue a license, permit, or
13 authorization number to take wild animal life, freshwater
14 aquatic life, or marine life when an applicant provides proof
15 that she or he is entitled to such license, permit, or
16 authorization number. Each applicant for a recreational
17 license, permit, or authorization number shall provide her or
18 his social security number on the application form.
19 Disclosure of social security numbers obtained through this
20 requirement shall be limited to the purposes of administration
21 of the Title IV-D program for child support enforcement, use
22 by the commission, and as otherwise provided by law.
23 (4) The commission is authorized to establish the
24 following, using competitive bid procedures:
25 (a) A process and a vendor fee for the sale of
26 licenses, permits, and authorization numbers over the
27 telephone using a credit card.
28 (b) A process and a vendor fee for the electronic sale
29 of licenses, permits, and authorization numbers.
30 (c) A process and a vendor fee for a statewide
31 automated license system.
24
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 (5) Licenses and permits to take wild animal life,
2 freshwater aquatic life, or marine life may be sold by the
3 commission, by any tax collector in the state, or by any
4 subagent authorized under s. 372.574.
5 (6) In addition to any license or permit fee, the sum
6 of $1.50 shall be charged for each license or management area
7 permit to cover the cost of issuing such license or permit.
8 (7)(a)1. For each hunting or freshwater fishing
9 license sold and for each sportsman's or gold sportsman's
10 license sold, a tax collector may retain $1.
11 2. For each management area permit sold, a tax
12 collector may retain $1.
13 3. For each saltwater fishing tag or license sold,
14 including combination saltwater fishing and freshwater fishing
15 licenses, or combination saltwater fishing, freshwater
16 fishing, and hunting licenses, a tax collector may retain
17 $1.50.
18 (b) Tax collectors shall remit license and permit
19 moneys, along with a report of funds collected and other
20 required documentation, to the commission weekly. Tax
21 collectors shall maintain records of all licenses and permits
22 that are sold, voided, stolen, or lost.
23 1. The tax collector is responsible to the commission
24 for the fees for all licenses and permits sold and for the
25 value of all licenses and permits reported as lost.
26 2. The tax collector shall report stolen licenses and
27 permits to the appropriate law enforcement agency.
28 3. The tax collector shall submit a written report and
29 a copy of the law enforcement agency's report to the
30 commission within 5 days after discovering a theft.
31 4. The tax collector is responsible for the fees for
25
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 all licenses and permits sold or lost by a subagent appointed
2 pursuant to s. 372.574.
3 (8) The commission is authorized to adopt rules
4 pursuant to ss. 120.536(1) and 120.54 to implement the
5 provisions of this section.
6 Section 18. Section 372.562, Florida Statutes, is
7 created to read:
8 372.562 Recreational licenses and permits; exemptions
9 from fees and requirements.--
10 (1) Hunting, freshwater fishing, and saltwater fishing
11 licenses and permits shall be issued without fee to any
12 resident who is certified:
13 (a) To be totally and permanently disabled by the
14 Railroad Retirement Board, by the United States Department of
15 Veterans Affairs or its predecessor, or by any branch of the
16 United States Armed Forces, or who holds a valid
17 identification card issued under the provisions of s. 295.17,
18 upon proof of same. Any license issued under this paragraph
19 after January 1, 1997, expires after 5 years and must be
20 reissued, upon request, every 5 years thereafter.
21 (b) To be 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 after 2 years and must be reissued, upon proof of
25 certification of disability, every 2 years thereafter.
26
27 A disability license issued after July 1, 1997, and before
28 July 1, 2000, retains the rights vested thereunder until the
29 license has expired.
30 (2) A hunting, freshwater fishing, or saltwater
31 fishing license or permit is not required for:
26
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 (a) Any child under 16 years of age, except as
2 otherwise provided in this chapter.
3 (b) Any person hunting or fishing on her or his
4 homestead property, or on the homestead property of the
5 person's spouse or minor child; or any minor child hunting or
6 fishing on the homestead property of her or his parent.
7 (c) Any resident who is a member of the United States
8 Armed Forces and not stationed in this state, when home on
9 leave for 30 days or less, upon submission of orders.
10 (d) Any resident fishing for recreational purposes
11 only, within her or his county of residence with live or
12 natural bait, using poles or lines not equipped with a fishing
13 line retrieval mechanism, except on a legally established fish
14 management area.
15 (e) Any person fishing in a fishpond of 20 acres or
16 less that is located entirely within the private property of
17 the fishpond owner.
18 (f) Any person fishing in a fishpond that is licensed
19 in accordance with s. 372.5705.
20 (g) Any person fishing who has been accepted as a
21 client for developmental disabilities services by the
22 Department of Children and Family Services, provided the
23 department furnishes proof thereof.
24 (h) Any resident fishing in saltwater from land or
25 from a structure fixed to the land.
26 (i) Any person fishing from a vessel licensed pursuant
27 to s. 372.57(7).
28 (j) Any person fishing from a vessel the operator of
29 which is licensed pursuant to s. 372.57(7).
30 (k) Any person who holds a valid saltwater products
31 license issued under s. 370.06(2).
27
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 (l) Any person recreationally fishing from a pier
2 licensed under s. 372.57.
3 (m) Any resident who is fishing for mullet in
4 freshwater and who has a valid Florida freshwater fishing
5 license.
6 (n) Any resident fishing for a saltwater species in
7 freshwater from land or from a structure fixed to land.
8 (o) Any resident 65 years of age or older who has in
9 her or his possession proof of age and residency. A no-cost
10 license under this paragraph may be obtained from any tax
11 collector's office upon proof of age and residency and must be
12 in the possession of the resident during hunting, freshwater
13 fishing, and saltwater fishing activities.
14 Section 19. Section 372.57, Florida Statutes, is
15 amended to read:
16 (Substantial rewording of section. See
17 s. 372.57, F.S., for present text.)
18 372.57 Recreational licenses, permits, and
19 authorization numbers; fees established.--
20 (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
21 REQUIRED.--Except as provided in s. 372.562, no person shall
22 hunt, fish, or take fur-bearing animals within this state
23 without having first obtained a license, permit, or
24 authorization number and paying the fees set forth in this
25 chapter. Such license, permit, or authorization number shall
26 authorize the person to whom it is issued to hunt, fish, take
27 fur-bearing animals, and participate in outdoor recreational
28 activities in accordance with the laws of the state and rules
29 of the commission.
30 (2) NONTRANSFERABILITY; INFORMATION AND
31 DOCUMENTATION.--
28
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 (a) Licenses, permits, and authorization numbers
2 issued under this chapter are not transferable. Each license
3 and permit must bear on its face in indelible ink the name of
4 the person to whom it is issued and other information as
5 deemed necessary by the commission. Licenses issued to the
6 owner, operator, or custodian of a vessel that directly or
7 indirectly collects fees for taking or attempting to take or
8 possess saltwater fish for noncommercial purposes must include
9 the vessel registration number or federal documentation
10 number. Annual licenses must be dated when issued and shall
11 remain valid for 12 months after the date of issuance.
12 (b) The lifetime licenses and 5-year licenses
13 authorized in this section shall be embossed with the name,
14 date of birth, date of issuance, and other pertinent
15 information as deemed necessary by the commission. A certified
16 copy of the applicant's birth certificate shall accompany each
17 application for a lifetime license for a resident 12 years of
18 age or younger.
19 (c) A positive form of identification is required when
20 using a free license, a lifetime license, a 5-year license, or
21 an authorization number issued under this chapter, or when
22 otherwise required by a license or permit.
23 (3) PERSONAL POSSESSION REQUIRED.--Each license,
24 permit, or authorization number must be in the personal
25 possession of the person to whom it is issued while such
26 person is hunting, fishing, or taking fur-bearing animals. Any
27 person hunting, fishing, or taking fur-bearing animals who
28 fails to produce a license, permit, or authorization number at
29 the request of a commission law enforcement officer commits a
30 violation of the law.
31 (4) RESIDENT HUNTING AND FISHING LICENSES.--The
29
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 licenses and fees for residents participating in hunting and
2 fishing activities in this state are as follows:
3 (a) Annual freshwater fishing license, $12.
4 (b) Annual saltwater fishing license, $12.
5 (c) Annual hunting license to take game, $11.
6 (d) Annual combination freshwater fishing and hunting
7 license, $22.
8 (e) Annual combination freshwater fishing and
9 saltwater fishing license, $24.
10 (f) Annual combination hunting, freshwater fishing,
11 and saltwater fishing license, $34.
12 (g) Annual license to take fur-bearing animals, $25.
13 However, a resident with a valid hunting license or a no-cost
14 license who is taking fur-bearing animals for noncommercial
15 purposes using guns or dogs only, and not traps or other
16 devices, is not required to purchase this license. Also, a
17 resident 65 years of age or older is not required to purchase
18 this license.
19 (h) Annual sportsman's license, $66, except that an
20 annual sportsman's license for a resident 64 years of age or
21 older is $12. A sportsman's license authorizes the person to
22 whom it is issued to take freshwater fish and game, subject to
23 the state and federal laws, rules, and regulations, including
24 rules of the commission, in effect at the time of the taking.
25 Other authorized activities include activities authorized by a
26 management area permit, a muzzle-loading gun permit, a turkey
27 permit, a Florida waterfowl permit, and an archery permit.
28 (i) Annual gold sportsman's license, $82. The gold
29 sportsman's license authorizes the person to whom it is issued
30 to take freshwater fish, saltwater fish, and game, subject to
31 the state and federal laws, rules, and regulations, including
30
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 rules of the commission, in effect at the time of taking.
2 Other authorized activities include activities authorized by a
3 management area permit, a muzzle-loading gun permit, a turkey
4 permit, a Florida waterfowl permit, an archery permit, a snook
5 permit, and a crawfish permit.
6 (5) NONRESIDENT HUNTING AND FISHING LICENSES.--The
7 licenses and fees for nonresidents participating in hunting
8 and fishing activities in the state are as follows:
9 (a) Freshwater fishing license to take freshwater fish
10 for 7 consecutive days, $15.
11 (b) Saltwater fishing license to take saltwater fish
12 for 1 day, $7.50.
13 (c) Saltwater fishing license to take saltwater fish
14 for 7 consecutive days, $15.
15 (d) Annual freshwater fishing license, $30.
16 (e) Annual saltwater fishing license, $30.
17 (f) Hunting license to take game for 10 consecutive
18 days, $25.
19 (g) Annual hunting license to take game, $150.
20 (h) Annual license to take fur-bearing animals, $25.
21 However, a nonresident with a valid Florida hunting license
22 who is taking fur-bearing animals for noncommercial purposes
23 using guns or dogs only, and not traps or other devices, is
24 not required to purchase this license.
25 (6) PIER LICENSE.--A pier license for any pier fixed
26 to land for the purpose of taking or attempting to take
27 saltwater fish is $500 per year. The pier license may be
28 purchased at the option of the owner, operator, or custodian
29 of such pier and must be available for inspection at all
30 times.
31 (7) VESSEL LICENSES.--
31
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 (a) No person may operate any vessel wherein a fee is
2 paid, either directly or indirectly, for the purpose of
3 taking, attempting to take, or possessing any marine fish for
4 noncommercial purposes unless he or she has been issued an
5 authorization number or has obtained a license for each vessel
6 for that purpose, and has paid the license fee pursuant to
7 paragraphs (b) and (c) for such vessel.
8 (b) A license for any person who operates any vessel
9 licensed to carry more than 10 customers wherein a fee is
10 paid, either directly or indirectly, for the purpose of taking
11 or attempting to take marine fish is $800 per year. The
12 license must be kept aboard the vessel at all times.
13 (c)1. A license for any person who operates any vessel
14 licensed to carry no more than 10 customers, or for any person
15 licensed to operate any vessel carrying 6 or fewer customers,
16 wherein a fee is paid, either directly or indirectly, for the
17 purpose of taking or attempting to take marine fish is $400
18 per year.
19 2. A license for any person licensed to operate any
20 vessel carrying six or fewer customers wherein a fee is paid,
21 either directly or indirectly, for the purpose of taking or
22 attempting to take marine fish is $200 per year. The license
23 must be kept aboard the vessel at all times.
24 3. A person who operates a vessel required to be
25 licensed pursuant to paragraph (b) or paragraph (c) may obtain
26 a license in his or her own name, and such license shall be
27 transferable and apply to any vessel operated by the
28 purchaser, provided that the purchaser has paid the
29 appropriate license fee.
30 (d) A license for a recreational vessel not for hire
31 and for which no fee is paid, either directly or indirectly,
32
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 by guests for the purpose of taking or attempting to take
2 marine fish noncommercially is $2,000 per year. The license
3 may be purchased at the option of the vessel owner and must be
4 kept aboard the vessel at all times. A log of species taken
5 and the date the species were taken shall be maintained and a
6 copy of the log filed with the commission at the time of
7 renewal of the license.
8 (e) The owner, operator, or custodian of a vessel the
9 operator of which has been licensed pursuant to paragraph (a)
10 must maintain and report such statistical data as required by,
11 and in a manner set forth in, the rules of the commission.
12 (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL
13 ACTIVITY PERMITS.--In addition to any license required under
14 this chapter, the following permits and fees for specified
15 hunting, fishing, and recreational uses and activities are
16 required:
17 (a) An annual Florida waterfowl permit for a resident
18 or nonresident to take wild ducks or geese within the state or
19 its coastal waters is $3.
20 (b) An annual Florida turkey permit for a resident to
21 take wild turkeys within the state is $5.
22 (c) An annual Florida turkey permit for a nonresident
23 to take wild turkeys within the state is $100.
24 (d) An annual snook permit for a resident or
25 nonresident to take or possess any snook from any waters of
26 the state is $2. Revenue generated from the sale of snook
27 permits shall be used exclusively for programs to benefit the
28 snook population.
29 (e) An annual crawfish permit for a resident or
30 nonresident to take or possess any crawfish for recreational
31 purposes from any waters of the state is $2. Revenue
33
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 generated from the sale of crawfish permits shall be used
2 exclusively for programs to benefit the crawfish population.
3 (f) An annual muzzle-loading gun permit for a resident
4 or nonresident to hunt within the state with a muzzle-loading
5 gun is $5. Hunting with a muzzle-loading gun is limited to
6 game seasons in which hunting with a modern firearm is not
7 authorized by the commission.
8 (g) An annual archery permit for a resident or
9 nonresident to hunt within the state with a bow and arrow is
10 $5. Hunting with an archery permit is limited to those game
11 seasons in which hunting with a firearm is not authorized by
12 the commission.
13 (h) A special use permit for a resident or nonresident
14 to participate in limited entry hunting or fishing activities
15 as authorized by commission rule shall not exceed $100 per day
16 or $250 per week. Notwithstanding any other provision of this
17 chapter, there are no exclusions, exceptions, or exemptions
18 from this permit fee. In addition to the permit fee, the
19 commission may charge each special use permit applicant a
20 nonrefundable application fee not to exceed $10.
21 (i)1. A management area permit for a resident or
22 nonresident to hunt on, fish on, or otherwise use for outdoor
23 recreational purposes land owned, leased, or managed by the
24 commission, or by the state for the use and benefit of the
25 commission, shall not exceed $25 per year.
26 2. Permit fees for short-term use of land that is
27 owned, leased, or managed by the commission may be established
28 by rule of the commission for activities on such lands. Such
29 permits may be in lieu of, or in addition to, the annual
30 management area permit authorized in subparagraph 1.
31 3. Other than for hunting or fishing, the provisions
34
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 of this paragraph shall not apply on any lands not owned by
2 the commission, unless the commission has obtained the written
3 consent of the owner or primary custodian of such lands.
4 (j)1. A recreational user permit is required to hunt
5 on, fish on, or otherwise use for outdoor recreational
6 purposes land leased by the commission from private
7 nongovernmental owners, except for those lands located
8 directly north of the Apalachicola National Forest, east of
9 the Ochlocknee River until the point the river meets the dam
10 forming Lake Talquin, and south of the closest federal
11 highway. The fee for a recreational user permit shall be
12 based upon the economic compensation desired by the landowner,
13 game population levels, desired hunter density, and
14 administrative costs. The permit fee shall be set by
15 commission rule on a per-acre basis. The recreational user
16 permit fee, less administrative costs of up to $25 per permit,
17 shall be remitted to the landowner as provided in the lease
18 agreement for each area.
19 2. One minor dependent, 16 years of age or younger,
20 may hunt under the supervision of the permittee and is exempt
21 from the recreational user permit requirements. The spouse
22 and dependent children of a permittee are exempt from the
23 recreational user permit requirements when engaged in outdoor
24 recreational activities other than hunting and when
25 accompanied by a permittee. Notwithstanding any other
26 provision of this chapter, no other exclusions, exceptions, or
27 exemptions from the recreational user permit fee are
28 authorized.
29 (9)(a) RESIDENT 5-YEAR HUNTING AND FISHING
30 LICENSES.--Five-year licenses are available for residents
31 only, as follows:
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Amendment No. ___ Barcode 224634
1 1. A 5-year freshwater fishing or saltwater fishing
2 license is $60 for each type of license and authorizes the
3 person to whom the license is issued to take or attempt to
4 take or possess freshwater fish or saltwater fish consistent
5 with the state and federal laws and regulations and rules of
6 the commission in effect at the time of taking.
7 2. A 5-year hunting license is $55 and authorizes the
8 person to whom it is issued to take or attempt to take or
9 possess game consistent with the state and federal laws and
10 regulations and rules of the commission in effect at the time
11 of taking.
12 (b) Proceeds from the sale of all 5-year licenses
13 shall be deposited into the Dedicated License Trust Fund, to
14 be distributed in accordance with the provisions of s.
15 372.106.
16 (10) RESIDENT LIFETIME FRESHWATER AND SALTWATER
17 FISHING LICENSES.--
18 (a) Lifetime freshwater fishing licenses and saltwater
19 fishing licenses are available for residents only, as follows,
20 for:
21 1. Persons 4 years of age or younger, for a fee of
22 $125 for each type of license.
23 2. Persons 5 years of age or older, but under 13 years
24 of age, for a fee of $225 for each type of license.
25 3. Persons 13 years of age or older, for a fee of $300
26 for each type of license.
27 (b) The following activities are authorized by the
28 purchase of a lifetime freshwater fishing license:
29 1. Taking, or attempting to take or possess,
30 freshwater fish consistent with the state and federal laws and
31 regulations and rules of the commission in effect at the time
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Amendment No. ___ Barcode 224634
1 of the taking.
2 2. All activities authorized by a management area
3 permit, excluding hunting.
4 (c) The following activities are authorized by the
5 purchase of a lifetime saltwater fishing license:
6 1. Taking, or attempting to take or possess, saltwater
7 fish consistent with the state and federal laws and
8 regulations and rules of the commission in effect at the time
9 of the taking.
10 2. All activities authorized by a snook permit and a
11 crawfish permit.
12 3. All activities for which an additional license,
13 permit, or fee is required to take or attempt to take or
14 possess saltwater fish, which additional license, permit, or
15 fee was imposed subsequent to the date of the purchase of the
16 lifetime saltwater fishing license.
17 (11) RESIDENT LIFETIME HUNTING LICENSES.--
18 (a) Lifetime hunting licenses are available to
19 residents only, as follows, for:
20 1. Persons 4 years of age or younger, for a fee of
21 $200.
22 2. Persons 5 years of age or older, but under 13 years
23 of age, for a fee of $350.
24 3. Persons 13 years of age or older, for a fee of
25 $500.
26 (b) The following activities are authorized by the
27 purchase of a lifetime hunting license:
28 1. Taking, or attempting to take or possess, game
29 consistent with the state and federal laws and regulations and
30 rules of the commission in effect at the time of the taking.
31 2. All activities authorized by a muzzle-loading gun
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 permit, a turkey permit, an archery permit, a Florida
2 waterfowl permit, and a management area permit, excluding
3 fishing.
4 (12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
5 (a) Lifetime sportsman's licenses are available, to
6 residents only, as follows, for:
7 1. Persons 4 years of age or younger, for a fee of
8 $400.
9 2. Persons 5 years of age or older, but under 13 years
10 of age, for a fee of $700.
11 3. Persons 13 years of age or older, for a fee of
12 $1,000.
13 (b) The following activities are authorized by the
14 purchase of a lifetime sportsman's license:
15 1. Taking, or attempting to take or possess,
16 freshwater and saltwater fish, and game, consistent with the
17 state and federal laws and regulations and rules of the
18 commission in effect at the time of taking.
19 2. All activities authorized by a management area
20 permit, a muzzle-loading gun permit, a turkey permit, an
21 archery permit, a Florida waterfowl permit, a snook permit,
22 and a crawfish permit.
23
24 The proceeds from the sale of all lifetime licenses authorized
25 in this section shall be deposited into the Lifetime Fish and
26 Wildlife Trust Fund, to be distributed as provided in s.
27 372.105.
28 (13) RECIPROCAL FEE AGREEMENTS.--The commission is
29 authorized to reduce the fees for licenses and permits under
30 this section for residents of those states with which the
31 commission has entered into reciprocal agreements with respect
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 to such fees.
2 (14) FREE FISHING DAYS.--The commission may designate
3 by rule no more than 2 consecutive or nonconsecutive days in
4 each year as free freshwater fishing days and no more than 2
5 consecutive or nonconsecutive days in each year as free
6 saltwater fishing days. Notwithstanding any other provision
7 of this chapter, any person may take freshwater fish for
8 noncommercial purposes on a free freshwater fishing day and
9 may take saltwater fish for noncommercial purposes on a free
10 saltwater fishing day, without obtaining or possessing a
11 license or paying a license fee as prescribed in this section.
12 A person who takes freshwater or saltwater fish on a free
13 fishing day without obtaining a license or paying a fee must
14 comply with all laws, rules, and regulations governing the
15 holders of a fishing license and all other conditions and
16 limitations regulating the taking of freshwater or saltwater
17 fish as are imposed by law or rule.
18 Section 20. Section 372.571, Florida Statutes, is
19 amended to read:
20 372.571 Expiration of licenses and permits.--Each
21 license or permit issued under this chapter must be dated when
22 issued. Each license or permit issued under this chapter
23 remains valid for 12 months after the date of issuance, except
24 for a lifetime license issued pursuant to s. 372.57 which is
25 valid from the date of issuance until the death of the
26 individual to whom the license is issued unless otherwise
27 revoked in accordance with s. 372.99, or a 5-year license
28 issued pursuant to s. 372.57 which is valid for 5 consecutive
29 years from the date of purchase unless otherwise revoked in
30 accordance with s. 372.99 or a license issued pursuant to s.
31 372.57(5)(a), (b), (c), or (g) or (8)(h) or (i)2.(2)(b) or
39
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 (g), which is valid for the period specified on the license.
2 A resident lifetime license or a resident 5-year license that
3 has been purchased by a resident of this state and who
4 subsequently resides in another state shall be honored for
5 activities authorized by that license.
6 Section 21. Subsection (1) of section 372.5712,
7 Florida Statutes, is amended to read:
8 372.5712 Florida waterfowl permit revenues.--
9 (1) The commission shall expend the revenues generated
10 from the sale of the Florida waterfowl permit as provided in
11 s. 372.57(8)(4)(a) or that pro rata portion of any license
12 that includes waterfowl hunting privileges, as provided in s.
13 372.57(4)(h) and (2)(i) and (14)(b) as follows: A maximum of
14 5 percent of the gross revenues shall be expended for
15 administrative costs; a maximum of 25 percent of the gross
16 revenues shall be expended for waterfowl research approved by
17 the commission; and a maximum of 70 percent of the gross
18 revenues shall be expended for projects approved by the
19 commission, in consultation with the Waterfowl Advisory
20 Council, for the purpose of protecting and propagating
21 migratory waterfowl and for the development, restoration,
22 maintenance, and preservation of wetlands within the state.
23 Section 22. Subsection (1) of section 372.5715,
24 Florida Statutes, is amended to read:
25 372.5715 Florida wild turkey permit revenues.--
26 (1) The commission shall expend the revenues generated
27 from the sale of the turkey permit as provided for in s.
28 372.57(8)(b) and (c) (4)(e) or that pro rata portion of any
29 license that includes turkey hunting privileges as provided
30 for in s. 372.57(4)(h) and (2)(i) and (14)(b) for research and
31 management of wild turkeys.
40
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Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 Section 23. Subsection (7) of section 372.5717,
2 Florida Statutes, is amended to read:
3 372.5717 Hunter safety course; requirements;
4 penalty.--
5 (7) The hunter safety requirements of this section do
6 not apply to persons for whom licenses are not required under
7 s. 372.562(2) 372.57(1).
8 Section 24. Section 372.573, Florida Statutes, is
9 amended to read:
10 372.573 Management area permit revenues.--The
11 commission shall expend the revenue generated from the sale of
12 the management area permit as provided for in s. 372.57(8)(i)
13 (4)(b) or that pro rata portion of any license that includes
14 management area privileges as provided for in s. 372.57(4)(h)
15 and (2)(i) and (14)(b) for the lease, management, and
16 protection of lands for public hunting, fishing, and other
17 outdoor recreation.
18 Section 25. Paragraph (h) of subsection (1) and
19 paragraphs (e) and (i) of subsection (2) of section 372.574,
20 Florida Statutes, are amended to read:
21 372.574 Appointment of subagents for the sale of
22 hunting, fishing, and trapping licenses and permits.--
23 (1) A county tax collector who elects to sell licenses
24 and permits may appoint any person as a subagent for the sale
25 of fishing, hunting, and trapping licenses and permits that
26 the tax collector is allowed to sell. The following are
27 requirements for subagents:
28 (h) A subagent shall weekly submit payment for and
29 report the sale of licenses and permits to the tax collector
30 as prescribed by the tax collector but no less frequently than
31 monthly.
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 (2) If a tax collector elects not to appoint
2 subagents, the commission may appoint subagents within that
3 county. Subagents shall serve at the pleasure of the
4 commission. The commission may establish, by rule, procedures
5 for selection of subagents. The following are requirements
6 for subagents so appointed:
7 (e) A subagent may charge and receive as his or her
8 compensation 50 cents for each license or permit sold. This
9 charge is in addition to the sum required by law to be
10 collected for the sale and issuance of each license or permit.
11 In addition, no later than July 1, 1997, a subagent fee for
12 the sale of licenses over the telephone by credit card shall
13 be established by competitive bid procedures which are
14 overseen by the Fish and Wildlife Conservation Commission. A
15 fee for electronic license sales may be established by
16 competitive-bid procedures that are overseen by the Fish and
17 Wildlife Conservation Commission.
18 (i) By July 15 of each year, each subagent shall
19 submit to the commission all unissued stamps for the previous
20 year along with a written audit report, on forms prescribed or
21 approved by the commission, on the numbers of the unissued
22 stamps.
23 Section 26. Paragraph (a) of subsection (1) and
24 subsection (2) of section 372.65, Florida Statutes, are
25 amended to read:
26 372.65 Freshwater fish dealer's license.--
27 (1) No person shall engage in the business of taking
28 for sale or selling any frogs or freshwater fish, including
29 live bait, of any species or size, or importing any exotic or
30 nonindigenous fish, until such person has obtained a license
31 and paid the fee therefor as set forth herein. The license
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 issued shall be in the possession of the person to whom issued
2 while such person is engaging in the business of taking for
3 sale or selling freshwater fish or frogs, is not transferable,
4 shall bear on its face in indelible ink the name of the person
5 to whom it is issued, and shall be affixed to a license
6 identification card issued by the commission. Such license is
7 not valid unless it bears the name of the person to whom it is
8 issued and is so affixed. The failure of such person to
9 exhibit such license to the commission or any of its wildlife
10 officers when such person is found engaging in such business
11 is a violation of law. The license fees and activities
12 permitted under particular licenses are as follows:
13 (a) The fee for a resident commercial fishing license,
14 which permits a resident to take freshwater fish or frogs by
15 any lawful method prescribed by the commission and to sell
16 such fish or frogs, shall be $25. The license provided for in
17 this paragraph shall also allow noncommercial fishing as
18 provided by law and commission rules, and the license in s.
19 372.57(4)(2)(a) shall not be required.
20 (2) The provisions of ss. 372.561 and 372.571, except
21 those provisions relating to issuance without fee to certain
22 classes of persons, shall apply to licenses issued under this
23 section.
24 Section 27. Section 372.661, Florida Statutes, is
25 amended to read:
26 372.661 Private hunting preserve licenses; fees,
27 license; exception.--
28 (1) Any person who operates a private hunting preserve
29 commercially or otherwise shall be required to pay a license
30 fee of $50 $25 for each such preserve; provided, however, that
31 during the open season established for wild game of any
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Amendment No. ___ Barcode 224634
1 species a private individual may take artificially propagated
2 game of such species up to the bag limit prescribed for the
3 particular species without being required to pay the license
4 fee required by this section; provided further that if any
5 such individual shall charge a fee for taking such game she or
6 he shall be required to pay the license fee required by this
7 section and to comply with the rules and regulations of the
8 Fish and Wildlife Conservation commission relative to the
9 operation of private hunting preserves.
10 (2) A commercial hunting preserve license, which shall
11 exempt patrons of licensed preserves from the license and
12 permit requirements of s. 372.57(4)(c), (d), (f), (h), and
13 (i); (5)(f) and (g); (8)(a), (b), (c), (f), and (g); (9)(a)2.;
14 (11); and (12) licensure requirements of s. 372.57(2)(e), (f),
15 (g), and (i), (4)(a), (c), (d), and (e), (7), (9), and (14)(b)
16 while hunting on the licensed preserve property, shall be
17 $500. Such commercial hunting preserve license shall be
18 available only to those private hunting preserves licensed
19 pursuant to this section which are operated exclusively for
20 commercial purposes, which are open to the public, and for
21 which a uniform fee is charged to patrons for hunting
22 privileges.
23 Section 28. Subsection (8) is added to section
24 372.711, Florida Statutes, to read:
25 372.711 Noncriminal infractions.--
26 (8) A person who is cited for a violation of the
27 provisions of s. 372.57 that require the possession of a
28 license or permit may not be convicted if, prior to or at the
29 time of his or her court or hearing appearance, the person
30 produces in court or to the clerk of the court in which the
31 charge is pending the required license or permit that was
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Amendment No. ___ Barcode 224634
1 issued to him or her and valid at the time of his or her
2 citation. The clerk of the court is authorized to dismiss
3 each such case at any time before, or at the time of, the
4 defendant's appearance in court. The clerk of the court may
5 assess a fee of $5 for dismissing the case under this
6 subsection.
7 Section 29. Paragraph (h) of subsection (1) of section
8 372.83, Florida Statutes, is reenacted to read:
9 372.83 Noncriminal infractions; criminal penalties;
10 suspension and revocation of licenses and permits.--
11 (1) A person is guilty of a noncriminal infraction,
12 punishable as provided in s. 372.711, if she or he violates
13 any of the following provisions:
14 (h) Section 372.57, relating to hunting, fishing, and
15 trapping licenses.
16
17 A person who fails to pay the civil penalty specified in s.
18 372.711 within 30 days after being cited for a noncriminal
19 infraction or to appear before the court pursuant to that
20 section is guilty of a misdemeanor of the second degree,
21 punishable as provided in s. 775.082 or s. 775.083.
22 Section 30. Subsections (1), (2), and (4) of section
23 372.921, Florida Statutes, are amended, subsection (9) is
24 renumbered as subsection (10), and a new subsection (9) is
25 added to said section, to read:
26 372.921 Exhibition of wildlife.--
27 (1) In order to provide humane treatment and sanitary
28 surroundings for wild animals kept in captivity, no person,
29 firm, corporation, or association shall have, or be in
30 possession of, in captivity for the purpose of public display
31 with or without charge or for public sale any wildlife,
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Amendment No. ___ Barcode 224634
1 specifically birds, mammals, amphibians, and reptiles, whether
2 indigenous to Florida or not, without having first secured a
3 permit from the Fish and Wildlife Conservation Commission
4 authorizing such person, firm, or corporation to have in its
5 possession in captivity the species and number of wildlife
6 specified within such permit; however, this section does not
7 apply to any wildlife not protected by law and the rules
8 regulations of the Fish and Wildlife Conservation commission.
9 (2) The fees to be paid for the issuance of permits
10 required by subsection (1) shall be as follows:
11 (a) For not more than 25 Class I or Class II 10
12 individual specimens in the aggregate of all species, the sum
13 of $100 $5 per annum.
14 (b) For over 25 Class I or Class II 10 individual
15 specimens in the aggregate of all species, the sum of $250 $25
16 per annum.
17 (c) For any number of Class III individual specimens
18 in the aggregate of all species, the sum of $25 per annum.
19
20 The fees prescribed by this subsection section shall be
21 submitted to the Fish and Wildlife Conservation commission
22 with the application for permit required by subsection (1) and
23 shall be deposited in the State Game Fund.
24 (4) Permits issued pursuant to this section and places
25 where wildlife is kept or held in captivity shall be subject
26 to inspection by officers of the Fish and Wildlife
27 Conservation commission at all times. The commission shall
28 have the power to release or confiscate any specimens of any
29 wildlife, specifically birds, mammals, amphibians, or
30 reptiles, whether indigenous to the state or not, when it is
31 found that conditions under which they are being confined are
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 unsanitary, or unsafe to the public in any manner, or that the
2 species of wildlife are being maltreated, mistreated, or
3 neglected or kept in any manner contrary to the provisions of
4 chapter 828, any such permit to the contrary notwithstanding.
5 Before any such wildlife is confiscated or released under the
6 authority of this section, the owner thereof shall have been
7 advised in writing of the existence of such unsatisfactory
8 conditions; the owner shall have been given 30 days in which
9 to correct such conditions; the owner shall have failed to
10 correct such conditions; the owner shall have had an
11 opportunity for a proceeding pursuant to chapter 120; and the
12 commission shall have ordered such confiscation or release
13 after careful consideration of all evidence in the particular
14 case in question. The final order of the commission shall
15 constitute final agency action.
16 (9) The commission is authorized to adopt rules
17 pursuant to ss. 120.536(1) and 120.54 to implement this
18 section, including, but not limited to, rules defining Class
19 I, Class II, and Class III types of wildlife.
20 Section 31. Subsection (5) of section 372.922, Florida
21 Statutes, is amended to read:
22 372.922 Personal possession of wildlife.--
23 (5) Any person, firm, corporation, or association
24 exhibiting or selling wildlife and being duly permitted as
25 provided by s. 372.921 shall be exempt from the fee
26 requirement to receive obtain a permit under the provisions of
27 this section.
28 Section 32. Section 374.977, Florida Statutes, is
29 amended to read:
30 374.977 Inland navigation districts; manatee
31 protection speed zones, responsibility for sign posting.--Each
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 inland navigation district shall be responsible for posting
2 and maintaining regulatory markers, as approved by the Fish
3 and Wildlife Conservation Commission Department of
4 Environmental Protection, for manatee protection speed zones.
5 Such responsibility shall not be limited to the intracoastal
6 waterway, but shall include all waters within each member
7 county for which regulatory markers must be posted. Sign
8 locations shall be jointly selected by the Fish and Wildlife
9 Conservation Commission Department of Environmental Protection
10 and the appropriate inland navigation district, pending
11 necessary federal, state and local approvals. Should an inland
12 navigation district lack the resources or otherwise be unable
13 to carry out its sign posting and maintenance duties, this
14 responsibility shall then be assumed by the Fish and Wildlife
15 Conservation Commission Department of Environmental
16 Protection.
17 Section 33. Subsection (3) of section 705.101, Florida
18 Statutes, is amended to read:
19 705.101 Definitions.--As used in this chapter:
20 (3) "Abandoned property" means all tangible personal
21 property that does not have an identifiable owner and that has
22 been disposed on public property in a wrecked, inoperative, or
23 partially dismantled condition or has no apparent intrinsic
24 value to the rightful owner. However, Vessels determined to be
25 derelict by the Fish and Wildlife Conservation Commission or a
26 county or municipality in accordance with the provisions of s.
27 823.11 are not included within this definition.
28 Section 34. Paragraph (b) of subsection (8) of section
29 212.06, Florida Statutes, is amended to read:
30 212.06 Sales, storage, use tax; collectible from
31 dealers; "dealer" defined; dealers to collect from purchasers;
48
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SENATE AMENDMENT
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Amendment No. ___ Barcode 224634
1 legislative intent as to scope of tax.--
2 (8)
3 (b) The presumption that tangible personal property
4 used in another state, territory of the United States, or the
5 District of Columbia for 6 months or longer before being
6 imported into this state was not purchased for use in this
7 state does not apply to any boat for which a saltwater fishing
8 license fee is required to be paid pursuant to s. 372.57(7)
9 370.0605(2)(b)1., 2., or 3., either directly or indirectly,
10 for the purpose of taking, attempting to take, or possessing
11 any marine fish for noncommercial purposes. Use tax shall
12 apply and be due on such a boat as provided in this paragraph,
13 and proof of payment of such tax must be presented prior to
14 the first such licensure of the boat, registration of the boat
15 pursuant to chapter 328, and titling of the boat pursuant to
16 chapter 328. A boat that is first licensed within 1 year after
17 purchase shall be subject to use tax on the full amount of the
18 purchase price; a boat that is first licensed in the second
19 year after purchase shall be subject to use tax on 90 percent
20 of the purchase price; a boat that is first licensed in the
21 third year after purchase shall be subject to use tax on 80
22 percent of the purchase price; a boat that is first licensed
23 in the fourth year after purchase shall be subject to use tax
24 on 70 percent of the purchase price; a boat that is first
25 licensed in the fifth year after purchase shall be subject to
26 use tax on 60 percent of the purchase price; and a boat that
27 is first licensed in the sixth year after purchase, or later,
28 shall be subject to use tax on 50 percent of the purchase
29 price. If the purchaser fails to provide the purchase invoice
30 on such boat, the fair market value of the boat at the time of
31 importation into this state shall be used to compute the tax.
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 Section 35. Paragraph (l) of subsection (4) of section
2 215.20, Florida Statutes, is amended to read:
3 215.20 Certain income and certain trust funds to
4 contribute to the General Revenue Fund.--
5 (4) The income of a revenue nature deposited in the
6 following described trust funds, by whatever name designated,
7 is that from which the deductions authorized by subsection (3)
8 shall be made:
9 (l) The Marine Resources Conservation Trust Fund
10 created by s. 370.0603 370.0608, with the exception of those
11 fees collected for recreational saltwater fishing licenses as
12 provided in s. 372.57 370.0605.
13
14 The enumeration of the foregoing moneys or trust funds shall
15 not prohibit the applicability thereto of s. 215.24 should the
16 Governor determine that for the reasons mentioned in s. 215.24
17 the money or trust funds should be exempt herefrom, as it is
18 the purpose of this law to exempt income from its force and
19 effect when, by the operation of this law, federal matching
20 funds or contributions or private grants to any trust fund
21 would be lost to the state.
22 Section 36. State agencies and water management
23 districts that manage lands for public hunting are encouraged
24 to authorize the release and feeding of breeder-raised and
25 wild quail on such lands to increase quail hunting
26 opportunities and replenish quail population in the state.
27 Section 37. Sections 370.0605, 370.0615, and 370.1111,
28 and subsections (10) and (11) of section 370.14, Florida
29 Statutes, are repealed.
30 Section 38. For fiscal year 2001-2002, there is hereby
31 appropriated $6 million from the Marine Resources Conservation
50
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 Trust Fund to the Fish and Wildlife Conservation Commission
2 and 38 additional on-the-water law enforcement positions and 4
3 support staff are authorized.
4 Section 39. This act shall take effect July 1, 2001.
5
6
7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
10
11 and insert:
12 A bill to be entitled
13 An act relating to funding for the Fish and
14 Wildlife Conservation Commission; amending s.
15 327.73, F.S.; providing for dismissal of
16 violations of boating safety identification
17 card possession requirements under certain
18 conditions; providing a fee; amending s.
19 328.72, F.S.; increasing registration fees for
20 vessels; providing for the distribution of
21 certain vessel fees; specifying source of the
22 county portion of vessel registration fees;
23 providing for the return of certain vessel
24 registration fees to the vessel owner's county
25 of Florida residence; amending s. 328.76, F.S.;
26 clarifying provisions relating to distribution
27 and uses of funds in the Marine Resources
28 Conservation Trust Fund; amending s. 370.06,
29 F.S.; recognizing the Railroad Retirement Board
30 for making certain disability determinations;
31 renumbering and amending s. 370.062, F.S.,
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 relating to issuance of license tags for
2 harvesting tarpon; modifying date for tax
3 collector's return of unissued tags; deleting
4 provisions relating to transfer of tag fees to
5 the Marine Resources Conservation Trust Fund
6 within a specified period; amending s.
7 370.0603, F.S.; specifying the uses of
8 designated funds deposited into the Marine
9 Resources Conservation Trust Fund; renumbering
10 and amending s. 370.0608, F.S.; providing for
11 the deposit of licenses and fees into the
12 Marine Resources Conservation Trust Fund;
13 revising purposes for which licenses and fees
14 may be used; renumbering and amending s.
15 370.0609, F.S.; providing for the expenditure
16 of funds through grants and contracts to
17 specified research institutions; amending s.
18 370.13, F.S.; renaming depredation endorsements
19 as depredation permits; providing permit
20 requirements; amending s. 370.19, F.S.;
21 providing for legislative appointments to the
22 Atlantic States Marine Fisheries commission;
23 amending s. 370.20, F.S. providing for
24 legislative appointments to the Gulf States
25 Marine Fisheries Commission; amending s.
26 370.25, F.S.; transferring the responsibilities
27 for issuing artificial-reef permits to the
28 Department of Environmental Protection;
29 amending s. 372.105, F.S.; revising provisions
30 relating to sources and uses of funds in the
31 Lifetime Fish and Wildlife Trust Fund; amending
52
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 s. 372.106, F.S.; specifying distribution of
2 certain funds in the Dedicated License Trust
3 Fund; amending s. 372.16, F.S.; increasing the
4 license fee for private game preserves and
5 farms; amending s. 372.561, F.S.; revising
6 provisions relating to issuance of recreational
7 licenses, permits, and authorization numbers to
8 take wild animal life, freshwater aquatic life,
9 and marine life, and administrative costs and
10 reporting related thereto; creating s. 372.562,
11 F.S.; providing exemptions from recreational
12 license and permit fees and requirements;
13 amending s. 372.57, F.S.; revising and
14 reorganizing provisions specifying fees and
15 requirements for recreational licenses,
16 permits, and authorization numbers, including
17 hunting licenses, saltwater and freshwater
18 fishing licenses, 5-year licenses, and lifetime
19 licenses; creating an annual gold sportsman's
20 license; increasing the fee for a nonresident
21 Florida turkey permit; providing for pier
22 licenses and recreational vessel licenses, and
23 fees therefor; providing for snook permits and
24 crawfish permits, and uses thereof; amending
25 ss. 370.063, 372.571, 372.5712, 372.5715,
26 372.5717, 372.573, and 372.65, F.S.; correcting
27 cross references; deleting obsolete language;
28 amending s. 372.574, F.S.; revising subagent
29 duties and reporting requirements; amending s.
30 372.661, F.S.; increasing the license fee for a
31 private hunting preserve; amending s. 372.711,
53
4:32 PM 04/30/01 s2024.nr27.Fb
SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 224634
1 F.S.; providing for dismissal of violations of
2 license or permit possession requirements,
3 under certain conditions; providing a fee;
4 reenacting s. 372.83(1)(h), F.S.; reenacting a
5 provision referencing penalties for violations
6 of hunting, fishing, and trapping license
7 requirements; amending s. 372.921, F.S.;
8 including amphibians in provisions relating to
9 exhibition of wildlife; increasing permit fees;
10 providing rulemaking authority; amending s.
11 372.922, F.S.; requiring a permit for personal
12 possession of wildlife by an exhibitor or
13 seller; providing a fee exemption; amending s.
14 374.977, F.S.; conforming the responsibilities
15 for posting and maintaining regulatory waterway
16 markers with the transfer of duties to the Fish
17 and Wildlife Conservation Commission; amending
18 s. 705.101, F.S.; including derelict vessels
19 within the definition of "abandoned property";
20 amending ss. 212.06 and 215.20, F.S.;
21 correcting cross references; encouraging the
22 release and feeding of certain quail; repealing
23 s. 370.0605, F.S., relating to saltwater
24 fishing licenses and fees; repealing s.
25 370.0615, F.S., relating to lifetime saltwater
26 fishing licenses; repealing s. 370.1111, F.S.,
27 relating to snook fishing permits; repealing s.
28 370.14(10) and (11), F.S., relating to
29 recreational crawfish taking permits and
30 issuance of a crawfish stamp; providing an
31 appropriation; providing an effective date.
54
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