SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
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
15
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...................................................$3.50
19 Class A-2--12 feet or more and less than 16 feet in
20 length...................................................10.50
21 (To county)...............................................2.85
22 Class 1--16 feet or more and less than 26 feet in
23 length...................................................18.50
24 (To county)...............................................8.85
25 Class 2--26 feet or more and less than 40 feet in
26 length...................................................50.50
27 (To county)..............................................32.85
28 Class 3--40 feet or more and less than 65 feet in
29 length...................................................82.50
30 (To county)..............................................56.85
31 Class 4--65 feet or more and less than 110 feet in
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1 length...................................................98.50
2 (To county)..............................................68.85
3 Class 5--110 feet or more in length..............122.50
4 (To county)..............................................86.85
5 Dealer registration certificate...................16.50
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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 Section 4. Paragraph (a) of subsection (2) of section
30 370.06, Florida Statutes, is amended to read:
31 370.06 Licenses.--
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1 (2) SALTWATER PRODUCTS LICENSE.--
2 (a) Every person, firm, or corporation that sells,
3 offers for sale, barters, or exchanges for merchandise any
4 saltwater products, or which harvests saltwater products with
5 certain gear or equipment as specified by law, must have a
6 valid saltwater products license, except that the holder of an
7 aquaculture certificate under s. 597.004 is not required to
8 purchase and possess a saltwater products license in order to
9 possess, transport, or sell marine aquaculture products. Each
10 saltwater products license allows the holder to engage in any
11 of the activities for which the license is required. The
12 license must be in the possession of the licenseholder or
13 aboard the vessel and shall be subject to inspection at any
14 time that harvesting activities for which a license is
15 required are being conducted. A restricted species endorsement
16 on the saltwater products license is required to sell to a
17 licensed wholesale dealer those species which the state, by
18 law or rule, has designated as "restricted species." This
19 endorsement may be issued only to a person who is at least 16
20 years of age, or to a firm certifying that over 25 percent of
21 its income or $5,000 of its income, whichever is less, is
22 attributable to the sale of saltwater products pursuant to a
23 license issued under this paragraph or a similar license from
24 another state. This endorsement may also be issued to a
25 for-profit corporation if it certifies that at least $5,000 of
26 its income is attributable to the sale of saltwater products
27 pursuant to a license issued under this paragraph or a similar
28 license from another state. However, if at least 50 percent of
29 the annual income of a person, firm, or for-profit corporation
30 is derived from charter fishing, the person, firm, or
31 for-profit corporation must certify that at least $2,500 of
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1 the income of the person, firm, or corporation is attributable
2 to the sale of saltwater products pursuant to a license issued
3 under this paragraph or a similar license from another state,
4 in order to be issued the endorsement. Such income attribution
5 must apply to at least 1 year out of the last 3 years. For the
6 purpose of this section "income" means that income which is
7 attributable to work, employment, entrepreneurship, pensions,
8 retirement benefits, and social security benefits. To renew an
9 existing restricted species endorsement, a marine aquaculture
10 producer possessing a valid saltwater products license with a
11 restricted species endorsement may apply income from the sale
12 of marine aquaculture products to licensed wholesale dealers.
13 1. The commission is authorized to require
14 verification of such income. Acceptable proof of income earned
15 from the sale of saltwater products shall be:
16 a. Copies of trip ticket records generated pursuant to
17 this subsection (marine fisheries information system),
18 documenting qualifying sale of saltwater products;
19 b. Copies of sales records from locales other than
20 Florida documenting qualifying sale of saltwater products;
21 c. A copy of the applicable federal income tax return,
22 including Form 1099 attachments, verifying income earned from
23 the sale of saltwater products;
24 d. Crew share statements verifying income earned from
25 the sale of saltwater products; or
26 e. A certified public accountant's notarized statement
27 attesting to qualifying source and amount of income.
28
29 Any provision of this section or any other section of the
30 Florida Statutes to the contrary notwithstanding, any person
31 who owns a retail seafood market or restaurant at a fixed
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1 location for at least 3 years who has had an occupational
2 license for 3 years prior to January 1, 1990, who harvests
3 saltwater products to supply his or her retail store and has
4 had a saltwater products license for 1 of the past 3 years
5 prior to January 1, 1990, may provide proof of his or her
6 verification of income and sales value at the person's retail
7 seafood market or restaurant and in his or her saltwater
8 products enterprise by affidavit and shall thereupon be issued
9 a restricted species endorsement.
10 2. Exceptions from income requirements shall be as
11 follows:
12 a. A permanent restricted species endorsement shall be
13 available to those persons age 62 and older who have qualified
14 for such endorsement for at least 3 out of the last 5 years.
15 b. Active military duty time shall be excluded from
16 consideration of time necessary to qualify and shall not be
17 counted against the applicant for purposes of qualifying.
18 c. Upon the sale of a used commercial fishing vessel
19 owned by a person, firm, or corporation possessing or eligible
20 for a restricted species endorsement, the purchaser of such
21 vessel shall be exempted from the qualifying income
22 requirement for the purpose of obtaining a restricted species
23 endorsement for a period of 1 year after purchase of the
24 vessel.
25 d. Upon the death or permanent disablement of a person
26 possessing a restricted species endorsement, an immediate
27 family member wishing to carry on the fishing operation shall
28 be exempted from the qualifying income requirement for the
29 purpose of obtaining a restricted species endorsement for a
30 period of 1 year after the death or disablement.
31 e. A restricted species endorsement may be issued on
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1 an individual saltwater products license to a person age 62 or
2 older who documents that at least $2,500 is attributable to
3 the sale of saltwater products pursuant to the provisions of
4 this paragraph.
5 f. A permanent restricted species endorsement may also
6 be issued on an individual saltwater products license to a
7 person age 70 or older who has held a saltwater products
8 license for at least 3 of the last 5 license years.
9 g.(I) Any resident who is certified to be totally and
10 permanently disabled by the Railroad Retirement Board, by the
11 United States Department of Veterans Affairs or its
12 predecessor, or by any branch of the United States Armed
13 Forces, or who holds a valid identification card issued by the
14 Department of Veterans' Affairs pursuant to s. 295.17, upon
15 proof of the same, or any resident certified to be totally
16 disabled by the United States Social Security Administration,
17 upon proof of the same, shall be exempted from the income
18 requirements if he or she also has held a saltwater products
19 license for at least 3 of the last 5 license years prior to
20 the date of the disability.
21 (II) A Disability Award Notice issued by the United
22 States Social Security Administration is not sufficient
23 certification for a resident to obtain the income exemption
24 unless the notice certifies that the resident is totally
25 disabled.
26
27 At least one saltwater products license bearing a restricted
28 species endorsement shall be aboard any vessel harvesting
29 restricted species in excess of any bag limit or when fishing
30 under a commercial quota or in commercial quantities, and such
31 vessel shall have a commercial vessel registration. This
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1 subsection does not apply to any person, firm, or corporation
2 licensed under s. 370.07(1)(a)1. or (b) for activities
3 pursuant to such licenses. A saltwater products license may be
4 issued in the name of an individual or a valid boat
5 registration number. Such license is not transferable. A decal
6 shall be issued with each saltwater products license issued to
7 a valid boat registration number. The saltwater products
8 license decal shall be the same color as the vessel
9 registration decal issued each year pursuant to s. 328.48(5)
10 and shall indicate the period of time such license is valid.
11 The saltwater products license decal shall be placed beside
12 the vessel registration decal and, in the case of an
13 undocumented vessel, shall be placed so that the vessel
14 registration decal lies between the vessel registration number
15 and the saltwater products license decal. Any saltwater
16 products license decal for a previous year shall be removed
17 from a vessel operating on the waters of the state. A resident
18 shall pay an annual license fee of $50 for a saltwater
19 products license issued in the name of an individual or $100
20 for a saltwater products license issued to a valid boat
21 registration number. A nonresident shall pay an annual license
22 fee of $200 for a saltwater products license issued in the
23 name of an individual or $400 for a saltwater products license
24 issued to a valid boat registration number. An alien shall pay
25 an annual license fee of $300 for a saltwater products license
26 issued in the name of an individual or $600 for a saltwater
27 products license issued to a valid boat registration number.
28 Any person who sells saltwater products pursuant to this
29 license may sell only to a licensed wholesale dealer. A
30 saltwater products license must be presented to the licensed
31 wholesale dealer each time saltwater products are sold, and an
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1 imprint made thereof. The wholesale dealer shall keep records
2 of each transaction in such detail as may be required by rule
3 of the commission not in conflict with s. 370.07(6), and shall
4 provide the holder of the saltwater products license with a
5 copy of the record. It is unlawful for any licensed wholesale
6 dealer to buy saltwater products from any unlicensed person
7 under the provisions of this section, except that a licensed
8 wholesale dealer may buy from another licensed wholesale
9 dealer. It is unlawful for any licensed wholesale dealer to
10 buy saltwater products designated as "restricted species" from
11 any person, firm, or corporation not possessing a restricted
12 species endorsement on his or her saltwater products license
13 under the provisions of this section, except that a licensed
14 wholesale dealer may buy from another licensed wholesale
15 dealer. The commission shall be the licensing agency, may
16 contract with private persons or entities to implement aspects
17 of the licensing program, and shall establish by rule a marine
18 fisheries information system in conjunction with the licensing
19 program to gather fisheries data.
20 Section 5. Paragraph (c) of subsection (2) of section
21 370.0603, Florida Statutes, is amended to read:
22 370.0603 Marine Resources Conservation Trust Fund;
23 purposes.--
24 (2) The Marine Resources Conservation Trust Fund shall
25 receive the proceeds from:
26 (c) All fees collected pursuant to ss. 370.062,
27 370.063, and 370.142, and 372.5704.
28 Section 6. Section 370.0608, Florida Statutes, is
29 renumbered as section 372.5701, Florida Statutes, and amended
30 to read:
31 372.5701 370.0608 Deposit of license fees; allocation
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1 of federal funds.--
2 (1) Except as otherwise provided in ss. 372.105 and
3 372.106, all saltwater license and permit fees collected
4 pursuant to s. 372.57 All license fees collected pursuant to
5 s. 370.0605 shall be deposited into the Marine Resources
6 Conservation Trust Fund, to be used as follows:
7 (a) Not less than 35 percent of the total fees
8 collected shall be used for marine fisheries management,
9 saltwater fisheries enhancement, including but not limited to,
10 fishery statistics development, artificial reefs, and fish
11 hatcheries. Not more than 5 percent of the total fees
12 collected shall be used to carry out the responsibilities of
13 the Fish and Wildlife Conservation Commission and to provide
14 for the award of funds to marine research institutions in this
15 state for the purposes of enabling such institutions to
16 conduct worthy marine research projects.
17 (b) Not less than 2.5 percent of the total fees
18 collected shall be used for saltwater aquatic education
19 purposes.
20 (c)1. The remainder of such fees shall be used by the
21 commission department for the following program functions:
22 a. Not more than 5 percent of the total fees
23 collected, for administration of the licensing program and for
24 information and education relating to saltwater fisheries.
25 b. Not less more than 30 percent of the total fees
26 collected, for marine law enforcement.
27 c. Not less than 27.5 percent of the total fees
28 collected, for marine research.
29 d. Not less than 30 percent of the total fees
30 collected, for fishery enhancement, including, but not limited
31 to, fishery statistics development, artificial reefs, and fish
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1 hatcheries.
2 2. The Legislature shall annually appropriate to the
3 commission from the General Revenue Fund for the activities
4 and programs specified in subparagraph 1. at least the same
5 amount of money as was appropriated to the Department of
6 Environmental Protection from the General Revenue Fund for
7 such activities and programs for fiscal year 1988-1989, and
8 the amounts appropriated to the commission for such activities
9 and programs from the Marine Resources Conservation Trust Fund
10 shall be in addition to the amount appropriated to the
11 commission for such activities and programs from the General
12 Revenue Fund. The proceeds from recreational saltwater fishing
13 license fees paid by fishers shall only be appropriated to the
14 commission.
15 (2) Funds available from the Wallop-Breaux Aquatic
16 Resources Trust Fund shall be distributed by the commission
17 between the Division of Freshwater Fisheries and the Division
18 of Marine Fisheries in proportion to the numbers of resident
19 fresh and saltwater anglers as determined by the most current
20 data on license sales. Unless otherwise provided by federal
21 law, the commission, at a minimum, shall provide the
22 following:
23 (a) Not less than 5 percent or more than 10 percent of
24 the funds allocated to the commission shall be expended for an
25 aquatic resources education program; and
26 (b) Not less than 10 percent of the funds allocated to
27 the commission shall be expended for acquisition, development,
28 renovation, or improvement of boating facilities.
29 (3) All license fees collected pursuant to s. 370.0605
30 shall be transferred to the Marine Resources Conservation
31 Trust Fund within 7 days following the last business day of
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1 the week in which the license fees were received by the
2 commission. One-fifth of the total proceeds derived from the
3 sale of 5-year licenses and replacement 5-year licenses, and
4 all interest derived therefrom, shall be available for
5 appropriation annually.
6 Section 7. Section 370.0609, Florida Statutes, is
7 renumbered as section 372.5702, Florida Statutes, and amended
8 to read:
9 372.5702 370.0609 Expenditure of funds.--Any moneys
10 available pursuant to s. 372.5701 370.0608(1)(c)1.c. may shall
11 be expended by the Fish and Wildlife Conservation Commission
12 within Florida through grants and contracts for research with
13 research institutions including but not limited to: Florida
14 Sea Grant; Florida Marine Resources Council; Harbour Branch
15 Oceanographic Institute; Technological Research and
16 Development Authority; Florida Marine Research Institute of
17 the Fish and Wildlife Conservation Commission; Indian River
18 Region Research Institute; Mote Marine Laboratory; Marine
19 Resources Development Foundation; Florida Institute of
20 Oceanography; and Rosentiel School of Marine and Atmospheric
21 Science; and Smithsonian Marine Station at Ft. Pierce.
22 Section 8. Section 370.062, Florida Statutes, is
23 renumbered as section 372.5704, Florida Statutes, and
24 subsections (1) and (9) of said section are amended to read:
25 372.5704 370.062 Fish and Wildlife Conservation
26 Commission license program for tarpon; fees; penalties.--
27 (1) The Fish and Wildlife Conservation commission
28 shall establish a license program for the purpose of issuing
29 tags to individuals desiring to harvest tarpon (megalops
30 atlantica) from the waters of the state of Florida. The tags
31 shall be nontransferable, except that the commission may allow
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1 for a limited number of tags to be purchased by professional
2 fishing guides for transfer to individuals, and issued by the
3 commission in order of receipt of a properly completed
4 application for a nonrefundable fee of $50 per tag. The
5 commission and any tax collector may sell the tags and collect
6 the fees therefor. Tarpon tags are valid from July 1 through
7 June 30. Before August 15 5 of each year, each tax collector
8 shall submit to the commission all unissued tags for the
9 previous fiscal calendar year along with a written audit
10 report, on forms prescribed or approved by the commission, as
11 to the numbers of the unissued tags. To defray the cost of
12 issuing any tag, the issuing tax collector shall collect and
13 retain as his or her costs, in addition to the tag fee
14 collected, the amount allowed under s. 372.561(7)(4) for the
15 issuance of licenses.
16 (9) All tag fees collected by the commission shall be
17 transferred to the Marine Resources Conservation Trust Fund
18 within 7 days following the last business day of the week in
19 which the fees were received by the commission.
20 Section 9. Subsection (3) of section 370.063, Florida
21 Statutes, is amended to read:
22 370.063 Special recreational crawfish license.--There
23 is created a special recreational crawfish license, to be
24 issued to qualified persons as provided by this section for
25 the recreational harvest of crawfish (spiny lobster) beginning
26 August 5, 1994.
27 (3) The holder of a special recreational crawfish
28 license must also possess the recreational crawfish permit
29 required by s. 372.57(8)(e) 370.14(10) and the license
30 required by s. 370.0605.
31 Section 10. Subsection (3) of section 370.13, Florida
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1 Statutes, is amended to read:
2 370.13 Stone crab; regulation.--
3 (3) DEPREDATION PERMITS ENDORSEMENTS.--The Fish and
4 Wildlife Conservation commission shall issue a depredation
5 permit upon request to any marine aquaculture producer, as
6 defined in s. 370.26, engaged in the culture of shellfish. The
7 depredation permit endorsement on the saltwater products
8 license, which shall entitle the marine aquaculture producer
9 licenseholder to possess and use up to 75 stone crab traps and
10 up to 75 blue crab traps, notwithstanding any other provisions
11 of law, for the sole purpose of taking incidental take of
12 destructive or nuisance stone crabs or blue crabs within 1
13 mile of the producer's aquaculture shellfish beds. Any marine
14 aquaculture producer as defined by s. 370.26 who raises
15 shellfish may obtain a depredation endorsement by providing an
16 aquaculture registration certificate to the commission. No
17 stone crabs or blue crabs taken under this subsection may be
18 sold, bartered, or exchanged, or offered for sale, barter, or
19 exchange.
20 Section 11. Article III of subsection (1) and
21 subsection (2) of section 370.19, Florida Statutes, are
22 amended to read:
23 370.19 Atlantic States Marine Fisheries Compact;
24 implementing legislation.--
25 (1) FORM.--The Governor of this state is hereby
26 authorized and directed to execute a compact on behalf of the
27 State of Florida with any one or more of the States of Maine,
28 New Hampshire, Massachusetts, Rhode Island, Connecticut, New
29 York, New Jersey, Delaware, Maryland, Virginia, North
30 Carolina, South Carolina, and Georgia, and with such other
31 states as may enter into the compact, legally joining therein
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1 in the form substantially as follows:
2
3 ATLANTIC STATES MARINE FISHERIES
4 COMPACT
5
6 The contracting states solemnly agree:
7
8 ARTICLE III
9
10 Each state joining herein shall appoint three
11 representatives to a commission hereby constituted and
12 designated as the Atlantic States Marine Fisheries Commission.
13 One shall be the executive officer of the administrative
14 agency of such state charged with the conservation of the
15 fisheries resources to which this compact pertains or, if
16 there be more than one officer or agency, the official of that
17 state named by the governor thereof. The second shall be a
18 member of the legislature of such state designated by such
19 legislature or in the absence of such designation, such
20 legislator shall be designated by the governor thereof,
21 provided that if it is constitutionally impossible to appoint
22 a legislator as a commissioner from such state, the second
23 member shall be appointed in such manner as may be established
24 by law the house committee on commerce and reciprocal trade of
25 such state. The third shall be a citizen who shall have a
26 knowledge of and interest in the marine fisheries problem to
27 be appointed by the governor. This commission shall be a body
28 corporate with the powers and duties set forth herein.
29 (2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In
30 pursuance of Article III of said compact there shall be three
31 members (hereinafter called commissioners) of the Atlantic
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1 States Marine Fisheries Commission (hereinafter called
2 commission) from this state. The first commissioner from this
3 state shall be the Executive Director of the Fish and Wildlife
4 Conservation Commission, ex officio, and the term of any such
5 ex officio commissioner shall terminate at the time he or she
6 ceases to hold said office of Executive Director of the Fish
7 and Wildlife Conservation Commission, and his or her successor
8 as commissioner shall be his or her successor as executive
9 director. The second commissioner from this state shall be a
10 legislator appointed on a rotating basis by the President of
11 the Senate or the Speaker of the House of Representatives,
12 beginning with the appointment of a member of the Senate and
13 member of the house committee on commerce and reciprocal trade
14 (of the State of Florida, ex officio, designated by said house
15 committee on commerce and reciprocal trade), and the term of
16 any such ex officio commissioner shall terminate at the time
17 he or she ceases to hold said legislative office as
18 commissioner on interstate cooperation, and his or her
19 successor as commissioner shall be named in like manner. The
20 Governor (subject to confirmation by the Senate), shall
21 appoint a citizen as a third commissioner who shall have a
22 knowledge of, and interest in, the marine fisheries problem.
23 The term of said commissioner shall be 3 years and the
24 commissioner shall hold office until a successor shall be
25 appointed and qualified. Vacancies occurring in the office of
26 such commissioner from any reason or cause shall be filled by
27 appointment by the Governor (subject to confirmation by the
28 Senate), for the unexpired term. The Executive Director of the
29 Fish and Wildlife Conservation Commission as ex officio
30 commissioner may delegate, from time to time, to any deputy or
31 other subordinate in his or her department or office, the
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1 power to be present and participate, including voting, as his
2 or her representative or substitute at any meeting of or
3 hearing by or other proceeding of the commission. The terms of
4 each of the initial three members shall begin at the date of
5 the appointment of the appointive commissioner, provided the
6 said compact shall then have gone into effect in accordance
7 with Article II of the compact; otherwise, they shall begin
8 upon the date upon which said compact shall become effective
9 in accordance with said Article II. Any commissioner may be
10 removed from office by the Governor upon charges and after a
11 hearing.
12 Section 12. Subsection (2) of section 370.20, Florida
13 Statutes, is amended to read:
14 370.20 Gulf States Marine Fisheries Compact;
15 implementing legislation.--
16 (2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In
17 pursuance of article III of said compact, there shall be three
18 members (hereinafter called commissioners) of the Gulf States
19 Marine Fisheries Commission (hereafter called commission) from
20 the State of Florida. The first commissioner from the State of
21 Florida shall be the Executive Director of the Fish and
22 Wildlife Conservation Commission, ex officio, and the term of
23 any such ex officio commissioner shall terminate at the time
24 he or she ceases to hold said office of Executive Director of
25 the Fish and Wildlife Conservation Commission, and his or her
26 successor as commissioner shall be his or her successor as
27 executive director. The second commissioner from the State of
28 Florida shall be a legislator appointed on a rotating basis by
29 the President of the Senate or the Speaker of the House of
30 Representatives, beginning with the appointment of a member of
31 the House of Representatives and a member of the house
18
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 committee on commerce and reciprocal trade (of the State of
2 Florida ex officio, designated by said house committee on
3 commerce and reciprocal trade), and the term of any such ex
4 officio commissioner shall terminate at the time he or she
5 ceases to hold said legislative office as commissioner on
6 interstate cooperation, and his or her successor as
7 commissioner shall be named in like manner. The Governor
8 (subject to confirmation by the Senate) shall appoint a
9 citizen as a third commissioner who shall have a knowledge of
10 and interest in the marine fisheries problem. The term of said
11 commissioner shall be 3 years and the commissioner shall hold
12 office until a successor shall be appointed and qualified.
13 Vacancies occurring in the office of such commissioner from
14 any reason or cause shall be filled by appointment by the
15 Governor (subject to confirmation by the Senate) for the
16 unexpired term. The Executive Director of the Fish and
17 Wildlife Conservation Commission, as ex officio commissioner,
18 may delegate, from time to time, to any deputy or other
19 subordinate in his or her department or office, the power to
20 be present and participate, including voting, as his or her
21 representative or substitute at any meeting of or hearing by
22 or other proceeding of the commission. The terms of each of
23 the initial three members shall begin at the date of the
24 appointment of the appointive commissioner, provided the said
25 compact shall then have gone into effect in accordance with
26 article II of the compact; otherwise they shall begin upon the
27 date upon which said compact shall become effective in
28 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 13. Paragraph (a) of subsection (6) of section
19
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 370.25, Florida Statutes, is amended to read:
2 370.25 Artificial reef program; grants and financial
3 and technical assistance to local governments.--
4 (6) It is unlawful for any person to:
5 (a) Place artificial-reef-construction materials in
6 state waters outside zones permitted under the terms and
7 conditions defined in any artificial-reef permits issued by
8 the United States Army Corps of Engineers or by the Department
9 of Environmental Protection Fish and Wildlife Conservation
10 Commission.
11 Section 14. Paragraph (b) of subsection (2) and
12 subsection (3) of section 372.105, Florida Statutes, are
13 amended to read:
14 372.105 Lifetime Fish and Wildlife Trust Fund.--
15 (2) The principal of the fund shall be derived from
16 the following:
17 (b) Proceeds from the sale of lifetime licenses issued
18 in accordance with s. 372.57 with the exception of the
19 saltwater portion of the lifetime sportsman's license.
20 (3) The fund is declared to constitute a special trust
21 derived from a contractual relationship between the state and
22 the members of the public whose investments contribute to the
23 fund. In recognition of such special trust, the following
24 limitations and restrictions are placed on expenditures from
25 the funds:
26 (a) No expenditure or disbursement shall be made from
27 the principal of the fund.
28 (b) The interest income received and accruing from the
29 investments of proceeds from the sale of lifetime freshwater
30 fishing licenses and lifetime hunting licenses the fund shall
31 be spent in furtherance of the commission's exercise of the
20
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 regulatory and executive powers of the state with respect to
2 the management, protection, and conservation of wild animal
3 life and freshwater aquatic life as set forth in s. 9, Art. IV
4 of the State Constitution and this chapter and as otherwise
5 authorized by the Legislature.
6 (c) The interest income received and accruing from the
7 investments of proceeds from the sale of lifetime saltwater
8 fishing licenses shall be expended for marine law enforcement,
9 marine research, and marine fishery enhancement.
10 (d)(c) No expenditures or disbursements from the
11 interest income derived from the sale of lifetime licenses
12 shall be made for any purpose until the respective holders of
13 such licenses attain the age of 16 years. The Fish and
14 Wildlife Conservation Commission as administrator of the fund
15 shall determine actuarially on an annual basis the amounts of
16 interest income within the fund which may be disbursed
17 pursuant to this paragraph. The director shall cause deposits
18 of proceeds from the sale of lifetime licenses to be
19 identifiable by the ages of the license recipients.
20 (e)(d) Any limitations or restrictions specified by
21 the donors on the uses of the interest income derived from
22 gifts, grants, and voluntary contributions shall be respected
23 but shall not be binding.
24 (f)(e) The fund shall be exempt from the provisions of
25 s. 215.20.
26 Section 15. Section 372.106, Florida Statutes, is
27 amended to read:
28 372.106 Dedicated License Trust Fund.--
29 (1) There is established within the Fish and Wildlife
30 Conservation Commission the Dedicated License Trust Fund. The
31 fund shall be credited with moneys collected pursuant to s.
21
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 ss. 370.0605 and 372.57 for 5-year licenses and replacement
2 5-year licenses.
3 (2)(a) One-fifth of the total proceeds from the sale
4 of 5-year freshwater fishing and hunting licenses and
5 replacement licenses, and all interest derived therefrom,
6 shall be appropriated annually to the State Game Trust Fund.
7 (b) One-fifth of the total proceeds from the sale of
8 5-year saltwater fishing licenses and replacement licenses,
9 and all interest derived therefrom, shall be appropriated
10 annually to the Marine Resources Conservation Trust Fund.
11 (3)(2) The fund shall be exempt from the provisions of
12 s. 215.20.
13 Section 16. Subsections (1) and (4) of section 372.16,
14 Florida Statutes, are amended to read:
15 372.16 Private game preserves and farms; penalty.--
16 (1) Any person owning land in this state may, after
17 having secured a license therefor from the Fish and Wildlife
18 Conservation Commission, establish, maintain, and operate
19 within the boundaries thereof, a private preserve and farm,
20 not exceeding an area of 640 acres, for the protection,
21 preservation, propagation, rearing, and production of game
22 birds and animals for private and commercial purposes,
23 provided that no two game preserves shall join each other or
24 be connected. Before any private game preserve or farm is
25 established, the owner or operator shall secure a license from
26 the commission, the fee for which is $25 per year.
27 (4) Any person violating the provisions of this
28 section shall for the first offense commits be guilty of a
29 misdemeanor of the second degree, punishable as provided in s.
30 775.082 or s. 775.083, and for a second or subsequent offense
31 commits shall be guilty of a misdemeanor of the first degree,
22
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 punishable as provided in s. 775.082 or s. 775.083. Any
2 person convicted of violating the provisions of this section
3 shall forfeit, to the Fish and Wildlife Conservation
4 commission, any license or permit issued under this section
5 the provisions hereof; and no further license or permit shall
6 be issued to such person for a period of 1 year following such
7 conviction. Before any private game preserve or farm is
8 established, the owner or operator shall secure a license from
9 the Fish and Wildlife Conservation Commission, the fee for
10 which shall be $5 per year.
11 Section 17. Section 372.561, Florida Statutes, is
12 amended to read:
13 (Substantial rewording of section. See
14 s. 372.561, F.S., for present text.)
15 372.561 Recreational licenses, permits, and
16 authorization numbers to take wild animal life, freshwater
17 aquatic life, and marine life; issuance; costs; reporting.--
18 (1) This section applies to all recreational licenses
19 and permits and to any authorization numbers issued by the
20 commission through the electronic sale of recreational
21 licenses or permits.
22 (2) The commission shall establish forms for the
23 issuance of recreational licenses and permits.
24 (3) The commission shall issue a license, permit, or
25 authorization number to take wild animal life, freshwater
26 aquatic life, or marine life when an applicant provides proof
27 that she or he is entitled to such license, permit, or
28 authorization number. Each applicant for a recreational
29 license, permit, or authorization number shall provide her or
30 his social security number on the application form.
31 Disclosure of social security numbers obtained through this
23
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Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 requirement shall be limited to the purposes of administration
2 of the Title IV-D program for child support enforcement, use
3 by the commission, and as otherwise provided by law.
4 (4) The commission is authorized to establish the
5 following, using competitive bid procedures:
6 (a) A process and a vendor fee for the sale of
7 licenses, permits, and authorization numbers over the
8 telephone using a credit card.
9 (b) A process and a vendor fee for the electronic sale
10 of licenses, permits, and authorization numbers.
11 (c) A process and a vendor fee for a statewide
12 automated license system.
13 (5) Licenses and permits to take wild animal life,
14 freshwater aquatic life, or marine life may be sold by the
15 commission, by any tax collector in the state, or by any
16 subagent authorized under s. 372.574.
17 (6) In addition to any license or permit fee, the sum
18 of $1.50 shall be charged for each license or management area
19 permit to cover the cost of issuing such license or permit.
20 (7)(a)1. For each hunting or freshwater fishing
21 license sold and for each sportsman's or gold sportsman's
22 license sold, a tax collector may retain $1.
23 2. For each management area permit sold, a tax
24 collector may retain $1.
25 3. For each saltwater fishing tag or license sold,
26 including combination saltwater fishing and freshwater fishing
27 licenses, or combination saltwater fishing, freshwater
28 fishing, and hunting licenses, a tax collector may retain
29 $1.50.
30 (b) Tax collectors shall remit license and permit
31 moneys, along with a report of funds collected and other
24
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 required documentation, to the commission weekly. Tax
2 collectors shall maintain records of all licenses and permits
3 that are sold, voided, stolen, or lost.
4 1. The tax collector is responsible to the commission
5 for the fees for all licenses and permits sold and for the
6 value of all licenses and permits reported as lost.
7 2. The tax collector shall report stolen licenses and
8 permits to the appropriate law enforcement agency.
9 3. The tax collector shall submit a written report and
10 a copy of the law enforcement agency's report to the
11 commission within 5 days after discovering a theft.
12 4. The tax collector is responsible for the fees for
13 all licenses and permits sold or lost by a subagent appointed
14 pursuant to s. 372.574.
15 (8) The commission is authorized to adopt rules
16 pursuant to ss. 120.536(1) and 120.54 to implement the
17 provisions of this section.
18 Section 18. Section 372.562, Florida Statutes, is
19 created to read:
20 372.562 Recreational licenses and permits; exemptions
21 from fees and requirements.--
22 (1) Hunting, freshwater fishing, and saltwater fishing
23 licenses and permits shall be issued without fee to any
24 resident who is certified:
25 (a) To be totally and permanently disabled by the
26 Railroad Retirement Board, by the United States Department of
27 Veterans Affairs or its predecessor, or by any branch of the
28 United States Armed Forces, or who holds a valid
29 identification card issued under the provisions of s. 295.17,
30 upon proof of same. Any license issued under this paragraph
31 after January 1, 1997, expires after 5 years and must be
25
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 reissued, upon request, every 5 years thereafter.
2 (b) To be disabled by the United States Social
3 Security Administration, upon proof of same. Any license
4 issued under this paragraph after October 1, 1999, expires
5 after 2 years and must be reissued, upon proof of
6 certification of disability, every 2 years thereafter.
7
8 A disability license issued after July 1, 1997, and before
9 July 1, 2000, retains the rights vested thereunder until the
10 license has expired.
11 (2) A hunting, freshwater fishing, or saltwater
12 fishing license or permit is not required for:
13 (a) Any child under 16 years of age, except as
14 otherwise provided in this chapter.
15 (b) Any person hunting or fishing on her or his
16 homestead property, or on the homestead property of the
17 person's spouse or minor child; or any minor child hunting or
18 fishing on the homestead property of her or his parent.
19 (c) Any resident who is a member of the United States
20 Armed Forces and not stationed in this state, when home on
21 leave for 30 days or less, upon submission of orders.
22 (d) Any resident fishing for recreational purposes
23 only, within her or his county of residence with live or
24 natural bait, using poles or lines not equipped with a fishing
25 line retrieval mechanism, except on a legally established fish
26 management area.
27 (e) Any person fishing in a fishpond of 20 acres or
28 less that is located entirely within the private property of
29 the fishpond owner.
30 (f) Any person fishing in a fishpond that is licensed
31 in accordance with s. 372.5705.
26
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 (g) Any person fishing who has been accepted as a
2 client for developmental disabilities services by the
3 Department of Children and Family Services, provided the
4 department furnishes proof thereof.
5 (h) Any resident fishing in saltwater from land or
6 from a structure fixed to the land.
7 (i) Any person fishing from a vessel licensed pursuant
8 to s. 372.57(7).
9 (j) Any person fishing from a vessel the operator of
10 which is licensed pursuant to s. 372.57(7).
11 (k) Any person who holds a valid saltwater products
12 license issued under s. 370.06(2).
13 (l) Any person recreationally fishing from a pier
14 licensed under s. 372.57.
15 (m) Any resident who is fishing for mullet in
16 freshwater and who has a valid Florida freshwater fishing
17 license.
18 (n) Any resident fishing for a saltwater species in
19 freshwater from land or from a structure fixed to land.
20 (o) Any resident 65 years of age or older who has in
21 her or his possession proof of age and residency. A no-cost
22 license under this paragraph may be obtained from any tax
23 collector's office upon proof of age and residency and must be
24 in the possession of the resident during hunting, freshwater
25 fishing, and saltwater fishing activities.
26 Section 19. Section 372.57, Florida Statutes, is
27 amended to read:
28 (Substantial rewording of section. See
29 s. 372.57, F.S., for present text.)
30 372.57 Recreational licenses, permits, and
31 authorization numbers; fees established.--
27
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
2 REQUIRED.--Except as provided in s. 372.562, no person shall
3 hunt, fish, or take fur-bearing animals within this state
4 without having first obtained a license, permit, or
5 authorization number and paying the fees set forth in this
6 chapter. Such license, permit, or authorization number shall
7 authorize the person to whom it is issued to hunt, fish, take
8 fur-bearing animals, and participate in outdoor recreational
9 activities in accordance with the laws of the state and rules
10 of the commission.
11 (2) NONTRANSFERABILITY; INFORMATION AND
12 DOCUMENTATION.--
13 (a) Licenses, permits, and authorization numbers
14 issued under this chapter are not transferable. Each license
15 and permit must bear on its face in indelible ink the name of
16 the person to whom it is issued and other information as
17 deemed necessary by the commission. Licenses issued to the
18 owner, operator, or custodian of a vessel that directly or
19 indirectly collects fees for taking or attempting to take or
20 possess saltwater fish for noncommercial purposes must include
21 the vessel registration number or federal documentation
22 number. Annual licenses must be dated when issued and shall
23 remain valid for 12 months after the date of issuance.
24 (b) The lifetime licenses and 5-year licenses
25 authorized in this section shall be embossed with the name,
26 date of birth, date of issuance, and other pertinent
27 information as deemed necessary by the commission. A certified
28 copy of the applicant's birth certificate shall accompany each
29 application for a lifetime license for a resident 12 years of
30 age or younger.
31 (c) A positive form of identification is required when
28
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 using a free license, a lifetime license, a 5-year license, or
2 an authorization number issued under this chapter, or when
3 otherwise required by a license or permit.
4 (3) PERSONAL POSSESSION REQUIRED.--Each license,
5 permit, or authorization number must be in the personal
6 possession of the person to whom it is issued while such
7 person is hunting, fishing, or taking fur-bearing animals. Any
8 person hunting, fishing, or taking fur-bearing animals who
9 fails to produce a license, permit, or authorization number at
10 the request of a commission law enforcement officer commits a
11 violation of the law.
12 (4) RESIDENT HUNTING AND FISHING LICENSES.--The
13 licenses and fees for residents participating in hunting and
14 fishing activities in this state are as follows:
15 (a) Annual freshwater fishing license, $12.
16 (b) Annual saltwater fishing license, $12.
17 (c) Annual hunting license to take game, $11.
18 (d) Annual combination freshwater fishing and hunting
19 license, $22.
20 (e) Annual combination freshwater fishing and
21 saltwater fishing license, $24.
22 (f) Annual combination hunting, freshwater fishing,
23 and saltwater fishing license, $34.
24 (g) Annual license to take fur-bearing animals, $25.
25 However, a resident with a valid hunting license or a no-cost
26 license who is taking fur-bearing animals for noncommercial
27 purposes using guns or dogs only, and not traps or other
28 devices, is not required to purchase this license. Also, a
29 resident 65 years of age or older is not required to purchase
30 this license.
31 (h) Annual sportsman's license, $66, except that an
29
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 annual sportsman's license for a resident 64 years of age or
2 older is $12. A sportsman's license authorizes the person to
3 whom it is issued to take freshwater fish and game, subject to
4 the state and federal laws, rules, and regulations, including
5 rules of the commission, in effect at the time of the taking.
6 Other authorized activities include activities authorized by a
7 management area permit, a muzzle-loading gun permit, a turkey
8 permit, a Florida waterfowl permit, and an archery permit.
9 (i) Annual gold sportsman's license, $82. The gold
10 sportsman's license authorizes the person to whom it is issued
11 to take freshwater fish, saltwater fish, and game, subject to
12 the state and federal laws, rules, and regulations, including
13 rules of the commission, in effect at the time of taking.
14 Other authorized activities include activities authorized by a
15 management area permit, a muzzle-loading gun permit, a turkey
16 permit, a Florida waterfowl permit, an archery permit, a snook
17 permit, and a crawfish permit.
18 (5) NONRESIDENT HUNTING AND FISHING LICENSES.--The
19 licenses and fees for nonresidents participating in hunting
20 and fishing activities in the state are as follows:
21 (a) Freshwater fishing license to take freshwater fish
22 for 7 consecutive days, $15.
23 (b) Saltwater fishing license to take saltwater fish
24 for 1 day, $7.50.
25 (c) Saltwater fishing license to take saltwater fish
26 for 7 consecutive days, $15.
27 (d) Annual freshwater fishing license, $30.
28 (e) Annual saltwater fishing license, $30.
29 (f) Hunting license to take game for 10 consecutive
30 days, $25.
31 (g) Annual hunting license to take game, $150.
30
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 (h) Annual license to take fur-bearing animals, $25.
2 However, a nonresident with a valid Florida hunting license
3 who is taking fur-bearing animals for noncommercial purposes
4 using guns or dogs only, and not traps or other devices, is
5 not required to purchase this license.
6 (6) PIER LICENSE.--A pier license for any pier fixed
7 to land for the purpose of taking or attempting to take
8 saltwater fish is $500 per year. The pier license may be
9 purchased at the option of the owner, operator, or custodian
10 of such pier and must be available for inspection at all
11 times.
12 (7) VESSEL LICENSES.--
13 (a) No person may operate any vessel wherein a fee is
14 paid, either directly or indirectly, for the purpose of
15 taking, attempting to take, or possessing any marine fish for
16 noncommercial purposes unless he or she has been issued an
17 authorization number or has obtained a license for each vessel
18 for that purpose, and has paid the license fee pursuant to
19 paragraphs (b) and (c) for such vessel.
20 (b) A license for any person who operates any vessel
21 licensed to carry more than 10 customers wherein a fee is
22 paid, either directly or indirectly, for the purpose of taking
23 or attempting to take marine fish is $800 per year. The
24 license must be kept aboard the vessel at all times.
25 (c)1. A license for any person who operates any vessel
26 licensed to carry no more than 10 customers, or for any person
27 licensed to operate any vessel carrying 6 or fewer customers,
28 wherein a fee is paid, either directly or indirectly, for the
29 purpose of taking or attempting to take marine fish is $400
30 per year.
31 2. A license for any person licensed to operate any
31
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 vessel carrying six or fewer customers wherein a fee is paid,
2 either directly or indirectly, for the purpose of taking or
3 attempting to take marine fish is $200 per year. The license
4 must be kept aboard the vessel at all times.
5 3. A person who operates a vessel required to be
6 licensed pursuant to paragraph (b) or paragraph (c) may obtain
7 a license in his or her own name, and such license shall be
8 transferable and apply to any vessel operated by the
9 purchaser, provided that the purchaser has paid the
10 appropriate license fee.
11 (d) A license for a recreational vessel not for hire
12 and for which no fee is paid, either directly or indirectly,
13 by guests for the purpose of taking or attempting to take
14 marine fish noncommercially is $2,000 per year. The license
15 may be purchased at the option of the vessel owner and must be
16 kept aboard the vessel at all times. A log of species taken
17 and the date the species were taken shall be maintained and a
18 copy of the log filed with the commission at the time of
19 renewal of the license.
20 (e) The owner, operator, or custodian of a vessel the
21 operator of which has been licensed pursuant to paragraph (a)
22 must maintain and report such statistical data as required by,
23 and in a manner set forth in, the rules of the commission.
24 (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL
25 ACTIVITY PERMITS.--In addition to any license required under
26 this chapter, the following permits and fees for specified
27 hunting, fishing, and recreational uses and activities are
28 required:
29 (a) An annual Florida waterfowl permit for a resident
30 or nonresident to take wild ducks or geese within the state or
31 its coastal waters is $3.
32
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 (b) An annual Florida turkey permit for a resident to
2 take wild turkeys within the state is $5.
3 (c) An annual Florida turkey permit for a nonresident
4 to take wild turkeys within the state is $100.
5 (d) An annual snook permit for a resident or
6 nonresident to take or possess any snook from any waters of
7 the state is $2. Revenue generated from the sale of snook
8 permits shall be used exclusively for programs to benefit the
9 snook population.
10 (e) An annual crawfish permit for a resident or
11 nonresident to take or possess any crawfish for recreational
12 purposes from any waters of the state is $2. Revenue
13 generated from the sale of crawfish permits shall be used
14 exclusively for programs to benefit the crawfish population.
15 (f) An annual muzzle-loading gun permit for a resident
16 or nonresident to hunt within the state with a muzzle-loading
17 gun is $5. Hunting with a muzzle-loading gun is limited to
18 game seasons in which hunting with a modern firearm is not
19 authorized by the commission.
20 (g) An annual archery permit for a resident or
21 nonresident to hunt within the state with a bow and arrow is
22 $5. Hunting with an archery permit is limited to those game
23 seasons in which hunting with a firearm is not authorized by
24 the commission.
25 (h) A special use permit for a resident or nonresident
26 to participate in limited entry hunting or fishing activities
27 as authorized by commission rule shall not exceed $100 per day
28 or $250 per week. Notwithstanding any other provision of this
29 chapter, there are no exclusions, exceptions, or exemptions
30 from this permit fee. In addition to the permit fee, the
31 commission may charge each special use permit applicant a
33
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 nonrefundable application fee not to exceed $10.
2 (i)1. A management area permit for a resident or
3 nonresident to hunt on, fish on, or otherwise use for outdoor
4 recreational purposes land owned, leased, or managed by the
5 commission, or by the state for the use and benefit of the
6 commission, shall not exceed $25 per year.
7 2. Permit fees for short-term use of land that is
8 owned, leased, or managed by the commission may be established
9 by rule of the commission for activities on such lands. Such
10 permits may be in lieu of, or in addition to, the annual
11 management area permit authorized in subparagraph 1.
12 3. Other than for hunting or fishing, the provisions
13 of this paragraph shall not apply on any lands not owned by
14 the commission, unless the commission has obtained the written
15 consent of the owner or primary custodian of such lands.
16 (j)1. A recreational user permit is required to hunt
17 on, fish on, or otherwise use for outdoor recreational
18 purposes land leased by the commission from private
19 nongovernmental owners, except for those lands located
20 directly north of the Apalachicola National Forest, east of
21 the Ochlocknee River until the point the river meets the dam
22 forming Lake Talquin, and south of the closest federal
23 highway. The fee for a recreational user permit shall be
24 based upon the economic compensation desired by the landowner,
25 game population levels, desired hunter density, and
26 administrative costs. The permit fee shall be set by
27 commission rule on a per-acre basis. The recreational user
28 permit fee, less administrative costs of up to $25 per permit,
29 shall be remitted to the landowner as provided in the lease
30 agreement for each area.
31 2. One minor dependent, 16 years of age or younger,
34
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 may hunt under the supervision of the permittee and is exempt
2 from the recreational user permit requirements. The spouse
3 and dependent children of a permittee are exempt from the
4 recreational user permit requirements when engaged in outdoor
5 recreational activities other than hunting and when
6 accompanied by a permittee. Notwithstanding any other
7 provision of this chapter, no other exclusions, exceptions, or
8 exemptions from the recreational user permit fee are
9 authorized.
10 (9)(a) RESIDENT 5-YEAR HUNTING AND FISHING
11 LICENSES.--Five-year licenses are available for residents
12 only, as follows:
13 1. A 5-year freshwater fishing or saltwater fishing
14 license is $60 for each type of license and authorizes the
15 person to whom the license is issued to take or attempt to
16 take or possess freshwater fish or saltwater fish consistent
17 with the state and federal laws and regulations and rules of
18 the commission in effect at the time of taking.
19 2. A 5-year hunting license is $55 and authorizes the
20 person to whom it is issued to take or attempt to take or
21 possess game consistent with the state and federal laws and
22 regulations and rules of the commission in effect at the time
23 of taking.
24 (b) Proceeds from the sale of all 5-year licenses
25 shall be deposited into the Dedicated License Trust Fund, to
26 be distributed in accordance with the provisions of s.
27 372.106.
28 (10) RESIDENT LIFETIME FRESHWATER AND SALTWATER
29 FISHING LICENSES.--
30 (a) Lifetime freshwater fishing licenses and saltwater
31 fishing licenses are available for residents only, as follows,
35
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 for:
2 1. Persons 4 years of age or younger, for a fee of
3 $125 for each type of license.
4 2. Persons 5 years of age or older, but under 13 years
5 of age, for a fee of $225 for each type of license.
6 3. Persons 13 years of age or older, for a fee of $300
7 for each type of license.
8 (b) The following activities are authorized by the
9 purchase of a lifetime freshwater fishing license:
10 1. Taking, or attempting to take or possess,
11 freshwater fish consistent with the state and federal laws and
12 regulations and rules of the commission in effect at the time
13 of the taking.
14 2. All activities authorized by a management area
15 permit, excluding hunting.
16 (c) The following activities are authorized by the
17 purchase of a lifetime saltwater fishing license:
18 1. Taking, or attempting to take or possess, saltwater
19 fish consistent with the state and federal laws and
20 regulations and rules of the commission in effect at the time
21 of the taking.
22 2. All activities authorized by a snook permit and a
23 crawfish permit.
24 3. All activities for which an additional license,
25 permit, or fee is required to take or attempt to take or
26 possess saltwater fish, which additional license, permit, or
27 fee was imposed subsequent to the date of the purchase of the
28 lifetime saltwater fishing license.
29 (11) RESIDENT LIFETIME HUNTING LICENSES.--
30 (a) Lifetime hunting licenses are available to
31 residents only, as follows, for:
36
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 1. Persons 4 years of age or younger, for a fee of
2 $200.
3 2. Persons 5 years of age or older, but under 13 years
4 of age, for a fee of $350.
5 3. Persons 13 years of age or older, for a fee of
6 $500.
7 (b) The following activities are authorized by the
8 purchase of a lifetime hunting license:
9 1. Taking, or attempting to take or possess, game
10 consistent with the state and federal laws and regulations and
11 rules of the commission in effect at the time of the taking.
12 2. All activities authorized by a muzzle-loading gun
13 permit, a turkey permit, an archery permit, a Florida
14 waterfowl permit, and a management area permit, excluding
15 fishing.
16 (12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
17 (a) Lifetime sportsman's licenses are available, to
18 residents only, as follows, for:
19 1. Persons 4 years of age or younger, for a fee of
20 $400.
21 2. Persons 5 years of age or older, but under 13 years
22 of age, for a fee of $700.
23 3. Persons 13 years of age or older, for a fee of
24 $1,000.
25 (b) The following activities are authorized by the
26 purchase of a lifetime sportsman's license:
27 1. Taking, or attempting to take or possess,
28 freshwater and saltwater fish, and game, consistent with the
29 state and federal laws and regulations and rules of the
30 commission in effect at the time of taking.
31 2. All activities authorized by a management area
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 permit, a muzzle-loading gun permit, a turkey permit, an
2 archery permit, a Florida waterfowl permit, a snook permit,
3 and a crawfish permit.
4
5 The proceeds from the sale of all lifetime licenses authorized
6 in this section shall be deposited into the Lifetime Fish and
7 Wildlife Trust Fund, to be distributed as provided in s.
8 372.105.
9 (13) RECIPROCAL FEE AGREEMENTS.--The commission is
10 authorized to reduce the fees for licenses and permits under
11 this section for residents of those states with which the
12 commission has entered into reciprocal agreements with respect
13 to such fees.
14 (14) FREE FISHING DAYS.--The commission may designate
15 by rule no more than 2 consecutive or nonconsecutive days in
16 each year as free freshwater fishing days and no more than 2
17 consecutive or nonconsecutive days in each year as free
18 saltwater fishing days. Notwithstanding any other provision
19 of this chapter, any person may take freshwater fish for
20 noncommercial purposes on a free freshwater fishing day and
21 may take saltwater fish for noncommercial purposes on a free
22 saltwater fishing day, without obtaining or possessing a
23 license or paying a license fee as prescribed in this section.
24 A person who takes freshwater or saltwater fish on a free
25 fishing day without obtaining a license or paying a fee must
26 comply with all laws, rules, and regulations governing the
27 holders of a fishing license and all other conditions and
28 limitations regulating the taking of freshwater or saltwater
29 fish as are imposed by law or rule.
30 Section 20. Section 372.571, Florida Statutes, is
31 amended to read:
38
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Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 372.571 Expiration of licenses and permits.--Each
2 license or permit issued under this chapter must be dated when
3 issued. Each license or permit issued under this chapter
4 remains valid for 12 months after the date of issuance, except
5 for a lifetime license issued pursuant to s. 372.57 which is
6 valid from the date of issuance until the death of the
7 individual to whom the license is issued unless otherwise
8 revoked in accordance with s. 372.99, or a 5-year license
9 issued pursuant to s. 372.57 which is valid for 5 consecutive
10 years from the date of purchase unless otherwise revoked in
11 accordance with s. 372.99 or a license issued pursuant to s.
12 372.57(5)(a), (b), (c), or (g) or (8)(h) or (i)2.(2)(b) or
13 (g), which is valid for the period specified on the license.
14 A resident lifetime license or a resident 5-year license that
15 has been purchased by a resident of this state and who
16 subsequently resides in another state shall be honored for
17 activities authorized by that license.
18 Section 21. Subsection (1) of section 372.5712,
19 Florida Statutes, is amended to read:
20 372.5712 Florida waterfowl permit revenues.--
21 (1) The commission shall expend the revenues generated
22 from the sale of the Florida waterfowl permit as provided in
23 s. 372.57(8)(4)(a) or that pro rata portion of any license
24 that includes waterfowl hunting privileges, as provided in s.
25 372.57(4)(h) and (2)(i) and (14)(b) as follows: A maximum of
26 5 percent of the gross revenues shall be expended for
27 administrative costs; a maximum of 25 percent of the gross
28 revenues shall be expended for waterfowl research approved by
29 the commission; and a maximum of 70 percent of the gross
30 revenues shall be expended for projects approved by the
31 commission, in consultation with the Waterfowl Advisory
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 Council, for the purpose of protecting and propagating
2 migratory waterfowl and for the development, restoration,
3 maintenance, and preservation of wetlands within the state.
4 Section 22. Subsection (1) of section 372.5715,
5 Florida Statutes, is amended to read:
6 372.5715 Florida wild turkey permit revenues.--
7 (1) The commission shall expend the revenues generated
8 from the sale of the turkey permit as provided for in s.
9 372.57(8)(b) and (c) (4)(e) or that pro rata portion of any
10 license that includes turkey hunting privileges as provided
11 for in s. 372.57(4)(h) and (2)(i) and (14)(b) for research and
12 management of wild turkeys.
13 Section 23. Subsection (7) of section 372.5717,
14 Florida Statutes, is amended to read:
15 372.5717 Hunter safety course; requirements;
16 penalty.--
17 (7) The hunter safety requirements of this section do
18 not apply to persons for whom licenses are not required under
19 s. 372.562(2) 372.57(1).
20 Section 24. Section 372.573, Florida Statutes, is
21 amended to read:
22 372.573 Management area permit revenues.--The
23 commission shall expend the revenue generated from the sale of
24 the management area permit as provided for in s. 372.57(8)(i)
25 (4)(b) or that pro rata portion of any license that includes
26 management area privileges as provided for in s. 372.57(4)(h)
27 and (2)(i) and (14)(b) for the lease, management, and
28 protection of lands for public hunting, fishing, and other
29 outdoor recreation.
30 Section 25. Paragraph (h) of subsection (1) and
31 paragraphs (e) and (i) of subsection (2) of section 372.574,
40
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 Florida Statutes, are amended to read:
2 372.574 Appointment of subagents for the sale of
3 hunting, fishing, and trapping licenses and permits.--
4 (1) A county tax collector who elects to sell licenses
5 and permits may appoint any person as a subagent for the sale
6 of fishing, hunting, and trapping licenses and permits that
7 the tax collector is allowed to sell. The following are
8 requirements for subagents:
9 (h) A subagent shall weekly submit payment for and
10 report the sale of licenses and permits to the tax collector
11 as prescribed by the tax collector but no less frequently than
12 monthly.
13 (2) If a tax collector elects not to appoint
14 subagents, the commission may appoint subagents within that
15 county. Subagents shall serve at the pleasure of the
16 commission. The commission may establish, by rule, procedures
17 for selection of subagents. The following are requirements
18 for subagents so appointed:
19 (e) A subagent may charge and receive as his or her
20 compensation 50 cents for each license or permit sold. This
21 charge is in addition to the sum required by law to be
22 collected for the sale and issuance of each license or permit.
23 In addition, no later than July 1, 1997, a subagent fee for
24 the sale of licenses over the telephone by credit card shall
25 be established by competitive bid procedures which are
26 overseen by the Fish and Wildlife Conservation Commission. A
27 fee for electronic license sales may be established by
28 competitive-bid procedures that are overseen by the Fish and
29 Wildlife Conservation Commission.
30 (i) By July 15 of each year, each subagent shall
31 submit to the commission all unissued stamps for the previous
41
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 year along with a written audit report, on forms prescribed or
2 approved by the commission, on the numbers of the unissued
3 stamps.
4 Section 26. Paragraph (a) of subsection (1) and
5 subsection (2) of section 372.65, Florida Statutes, are
6 amended to read:
7 372.65 Freshwater fish dealer's license.--
8 (1) No person shall engage in the business of taking
9 for sale or selling any frogs or freshwater fish, including
10 live bait, of any species or size, or importing any exotic or
11 nonindigenous fish, until such person has obtained a license
12 and paid the fee therefor as set forth herein. The license
13 issued shall be in the possession of the person to whom issued
14 while such person is engaging in the business of taking for
15 sale or selling freshwater fish or frogs, is not transferable,
16 shall bear on its face in indelible ink the name of the person
17 to whom it is issued, and shall be affixed to a license
18 identification card issued by the commission. Such license is
19 not valid unless it bears the name of the person to whom it is
20 issued and is so affixed. The failure of such person to
21 exhibit such license to the commission or any of its wildlife
22 officers when such person is found engaging in such business
23 is a violation of law. The license fees and activities
24 permitted under particular licenses are as follows:
25 (a) The fee for a resident commercial fishing license,
26 which permits a resident to take freshwater fish or frogs by
27 any lawful method prescribed by the commission and to sell
28 such fish or frogs, shall be $25. The license provided for in
29 this paragraph shall also allow noncommercial fishing as
30 provided by law and commission rules, and the license in s.
31 372.57(4)(2)(a) shall not be required.
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 (2) The provisions of ss. 372.561 and 372.571, except
2 those provisions relating to issuance without fee to certain
3 classes of persons, shall apply to licenses issued under this
4 section.
5 Section 27. Section 372.661, Florida Statutes, is
6 amended to read:
7 372.661 Private hunting preserve licenses; fees,
8 license; exception.--
9 (1) Any person who operates a private hunting preserve
10 commercially or otherwise shall be required to pay a license
11 fee of $50 $25 for each such preserve; provided, however, that
12 during the open season established for wild game of any
13 species a private individual may take artificially propagated
14 game of such species up to the bag limit prescribed for the
15 particular species without being required to pay the license
16 fee required by this section; provided further that if any
17 such individual shall charge a fee for taking such game she or
18 he shall be required to pay the license fee required by this
19 section and to comply with the rules and regulations of the
20 Fish and Wildlife Conservation commission relative to the
21 operation of private hunting preserves.
22 (2) A commercial hunting preserve license, which shall
23 exempt patrons of licensed preserves from the license and
24 permit requirements of s. 372.57(4)(c), (d), (f), (h), and
25 (i); (5)(f) and (g); (8)(a), (b), (c), (f), and (g); (9)(a)2.;
26 (11); and (12) licensure requirements of s. 372.57(2)(e), (f),
27 (g), and (i), (4)(a), (c), (d), and (e), (7), (9), and (14)(b)
28 while hunting on the licensed preserve property, shall be
29 $500. Such commercial hunting preserve license shall be
30 available only to those private hunting preserves licensed
31 pursuant to this section which are operated exclusively for
43
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 commercial purposes, which are open to the public, and for
2 which a uniform fee is charged to patrons for hunting
3 privileges.
4 Section 28. Subsection (8) is added to section
5 372.711, Florida Statutes, to read:
6 372.711 Noncriminal infractions.--
7 (8) A person who is cited for a violation of the
8 provisions of s. 372.57 that require the possession of a
9 license or permit may not be convicted if, prior to or at the
10 time of his or her court or hearing appearance, the person
11 produces in court or to the clerk of the court in which the
12 charge is pending the required license or permit that was
13 issued to him or her and valid at the time of his or her
14 citation. The clerk of the court is authorized to dismiss
15 each such case at any time before, or at the time of, the
16 defendant's appearance in court. The clerk of the court may
17 assess a fee of $5 for dismissing the case under this
18 subsection.
19 Section 29. Paragraph (h) of subsection (1) of section
20 372.83, Florida Statutes, is reenacted to read:
21 372.83 Noncriminal infractions; criminal penalties;
22 suspension and revocation of licenses and permits.--
23 (1) A person is guilty of a noncriminal infraction,
24 punishable as provided in s. 372.711, if she or he violates
25 any of the following provisions:
26 (h) Section 372.57, relating to hunting, fishing, and
27 trapping licenses.
28
29 A person who fails to pay the civil penalty specified in s.
30 372.711 within 30 days after being cited for a noncriminal
31 infraction or to appear before the court pursuant to that
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 section is guilty of a misdemeanor of the second degree,
2 punishable as provided in s. 775.082 or s. 775.083.
3 Section 30. Subsections (1), (2), and (4) of section
4 372.921, Florida Statutes, are amended, subsection (9) is
5 renumbered as subsection (10), and a new subsection (9) is
6 added to said section, to read:
7 372.921 Exhibition of wildlife.--
8 (1) In order to provide humane treatment and sanitary
9 surroundings for wild animals kept in captivity, no person,
10 firm, corporation, or association shall have, or be in
11 possession of, in captivity for the purpose of public display
12 with or without charge or for public sale any wildlife,
13 specifically birds, mammals, amphibians, and reptiles, whether
14 indigenous to Florida or not, without having first secured a
15 permit from the Fish and Wildlife Conservation Commission
16 authorizing such person, firm, or corporation to have in its
17 possession in captivity the species and number of wildlife
18 specified within such permit; however, this section does not
19 apply to any wildlife not protected by law and the rules
20 regulations of the Fish and Wildlife Conservation commission.
21 (2) The fees to be paid for the issuance of permits
22 required by subsection (1) shall be as follows:
23 (a) For not more than 25 Class I or Class II 10
24 individual specimens in the aggregate of all species, the sum
25 of $100 $5 per annum.
26 (b) For over 25 Class I or Class II 10 individual
27 specimens in the aggregate of all species, the sum of $250 $25
28 per annum.
29 (c) For any number of Class III individual specimens
30 in the aggregate of all species, the sum of $25 per annum.
31
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 The fees prescribed by this subsection section shall be
2 submitted to the Fish and Wildlife Conservation commission
3 with the application for permit required by subsection (1) and
4 shall be deposited in the State Game Fund.
5 (4) Permits issued pursuant to this section and places
6 where wildlife is kept or held in captivity shall be subject
7 to inspection by officers of the Fish and Wildlife
8 Conservation commission at all times. The commission shall
9 have the power to release or confiscate any specimens of any
10 wildlife, specifically birds, mammals, amphibians, or
11 reptiles, whether indigenous to the state or not, when it is
12 found that conditions under which they are being confined are
13 unsanitary, or unsafe to the public in any manner, or that the
14 species of wildlife are being maltreated, mistreated, or
15 neglected or kept in any manner contrary to the provisions of
16 chapter 828, any such permit to the contrary notwithstanding.
17 Before any such wildlife is confiscated or released under the
18 authority of this section, the owner thereof shall have been
19 advised in writing of the existence of such unsatisfactory
20 conditions; the owner shall have been given 30 days in which
21 to correct such conditions; the owner shall have failed to
22 correct such conditions; the owner shall have had an
23 opportunity for a proceeding pursuant to chapter 120; and the
24 commission shall have ordered such confiscation or release
25 after careful consideration of all evidence in the particular
26 case in question. The final order of the commission shall
27 constitute final agency action.
28 (9) The commission is authorized to adopt rules
29 pursuant to ss. 120.536(1) and 120.54 to implement this
30 section, including, but not limited to, rules defining Class
31 I, Class II, and Class III types of wildlife.
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 Section 31. Subsection (5) of section 372.922, Florida
2 Statutes, is amended to read:
3 372.922 Personal possession of wildlife.--
4 (5) Any person, firm, corporation, or association
5 exhibiting or selling wildlife and being duly permitted as
6 provided by s. 372.921 shall be exempt from the fee
7 requirement to receive obtain a permit under the provisions of
8 this section.
9 Section 32. Section 374.977, Florida Statutes, is
10 amended to read:
11 374.977 Inland navigation districts; manatee
12 protection speed zones, responsibility for sign posting.--Each
13 inland navigation district shall be responsible for posting
14 and maintaining regulatory markers, as approved by the Fish
15 and Wildlife Conservation Commission Department of
16 Environmental Protection, for manatee protection speed zones.
17 Such responsibility shall not be limited to the intracoastal
18 waterway, but shall include all waters within each member
19 county for which regulatory markers must be posted. Sign
20 locations shall be jointly selected by the Fish and Wildlife
21 Conservation Commission Department of Environmental Protection
22 and the appropriate inland navigation district, pending
23 necessary federal, state and local approvals. Should an inland
24 navigation district lack the resources or otherwise be unable
25 to carry out its sign posting and maintenance duties, this
26 responsibility shall then be assumed by the Fish and Wildlife
27 Conservation Commission Department of Environmental
28 Protection.
29 Section 33. Subsection (3) of section 705.101, Florida
30 Statutes, is amended to read:
31 705.101 Definitions.--As used in this chapter:
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 (3) "Abandoned property" means all tangible personal
2 property that does not have an identifiable owner and that has
3 been disposed on public property in a wrecked, inoperative, or
4 partially dismantled condition or has no apparent intrinsic
5 value to the rightful owner. However, Vessels determined to be
6 derelict by the Fish and Wildlife Conservation Commission or a
7 county or municipality in accordance with the provisions of s.
8 823.11 are not included within this definition.
9 Section 34. Paragraph (b) of subsection (8) of section
10 212.06, Florida Statutes, is amended to read:
11 212.06 Sales, storage, use tax; collectible from
12 dealers; "dealer" defined; dealers to collect from purchasers;
13 legislative intent as to scope of tax.--
14 (8)
15 (b) The presumption that tangible personal property
16 used in another state, territory of the United States, or the
17 District of Columbia for 6 months or longer before being
18 imported into this state was not purchased for use in this
19 state does not apply to any boat for which a saltwater fishing
20 license fee is required to be paid pursuant to s. 372.57(7)
21 370.0605(2)(b)1., 2., or 3., either directly or indirectly,
22 for the purpose of taking, attempting to take, or possessing
23 any marine fish for noncommercial purposes. Use tax shall
24 apply and be due on such a boat as provided in this paragraph,
25 and proof of payment of such tax must be presented prior to
26 the first such licensure of the boat, registration of the boat
27 pursuant to chapter 328, and titling of the boat pursuant to
28 chapter 328. A boat that is first licensed within 1 year after
29 purchase shall be subject to use tax on the full amount of the
30 purchase price; a boat that is first licensed in the second
31 year after purchase shall be subject to use tax on 90 percent
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 of the purchase price; a boat that is first licensed in the
2 third year after purchase shall be subject to use tax on 80
3 percent of the purchase price; a boat that is first licensed
4 in the fourth year after purchase shall be subject to use tax
5 on 70 percent of the purchase price; a boat that is first
6 licensed in the fifth year after purchase shall be subject to
7 use tax on 60 percent of the purchase price; and a boat that
8 is first licensed in the sixth year after purchase, or later,
9 shall be subject to use tax on 50 percent of the purchase
10 price. If the purchaser fails to provide the purchase invoice
11 on such boat, the fair market value of the boat at the time of
12 importation into this state shall be used to compute the tax.
13 Section 35. Paragraph (l) of subsection (4) of section
14 215.20, Florida Statutes, is amended to read:
15 215.20 Certain income and certain trust funds to
16 contribute to the General Revenue Fund.--
17 (4) The income of a revenue nature deposited in the
18 following described trust funds, by whatever name designated,
19 is that from which the deductions authorized by subsection (3)
20 shall be made:
21 (l) The Marine Resources Conservation Trust Fund
22 created by s. 370.0603 370.0608, with the exception of those
23 fees collected for recreational saltwater fishing licenses as
24 provided in s. 372.57 370.0605.
25
26 The enumeration of the foregoing moneys or trust funds shall
27 not prohibit the applicability thereto of s. 215.24 should the
28 Governor determine that for the reasons mentioned in s. 215.24
29 the money or trust funds should be exempt herefrom, as it is
30 the purpose of this law to exempt income from its force and
31 effect when, by the operation of this law, federal matching
49
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 funds or contributions or private grants to any trust fund
2 would be lost to the state.
3 Section 36. State agencies and water management
4 districts that manage lands for public hunting are encouraged
5 to authorize the release and feeding of breeder-raised and
6 wild quail on such lands to increase quail hunting
7 opportunities and replenish quail population in the state.
8 Section 37. Sections 370.0605, 370.0615, and 370.1111,
9 and subsections (10) and (11) of section 370.14, Florida
10 Statutes, are repealed.
11 Section 38. This act shall take effect July 1, 2001.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 Delete everything before the enacting clause
17
18 and insert:
19 A bill to be entitled
20 An act relating to funding for the Fish and
21 Wildlife Conservation Commission; amending s.
22 327.73, F.S.; providing for dismissal of
23 violations of boating safety identification
24 card possession requirements under certain
25 conditions; providing a fee; amending s.
26 328.72, F.S.; specifying source of the county
27 portion of vessel registration fees; providing
28 for the return of certain vessel registration
29 fees to the vessel owner's county of Florida
30 residence; amending s. 328.76, F.S.; clarifying
31 provisions relating to distribution and uses of
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 funds in the Marine Resources Conservation
2 Trust Fund; amending s. 370.06, F.S.;
3 recognizing the Railroad Retirement Board for
4 making certain disability determinations;
5 renumbering and amending s. 370.062, F.S.,
6 relating to issuance of license tags for
7 harvesting tarpon; modifying date for tax
8 collector's return of unissued tags; deleting
9 provisions relating to transfer of tag fees to
10 the Marine Resources Conservation Trust Fund
11 within a specified period; amending s.
12 370.0603, F.S.; specifying the uses of
13 designated funds deposited into the Marine
14 Resources Conservation Trust Fund; renumbering
15 and amending s. 370.0608, F.S.; providing for
16 the deposit of licenses and fees into the
17 Marine Resources Conservation Trust Fund;
18 revising purposes for which licenses and fees
19 may be used; renumbering and amending s.
20 370.0609, F.S.; providing for the expenditure
21 of funds through grants and contracts to
22 specified research institutions; amending s.
23 370.13, F.S.; renaming depredation endorsements
24 as depredation permits; providing permit
25 requirements; amending s. 370.19, F.S.;
26 providing for legislative appointments to the
27 Atlantic States Marine Fisheries commission;
28 amending s. 370.20, F.S. providing for
29 legislative appointments to the Gulf States
30 Marine Fisheries Commission; amending s.
31 370.25, F.S.; transferring the responsibilities
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 for issuing artificial-reef permits to the
2 Department of Environmental Protection;
3 amending s. 372.105, F.S.; revising provisions
4 relating to sources and uses of funds in the
5 Lifetime Fish and Wildlife Trust Fund; amending
6 s. 372.106, F.S.; specifying distribution of
7 certain funds in the Dedicated License Trust
8 Fund; amending s. 372.16, F.S.; increasing the
9 license fee for private game preserves and
10 farms; amending s. 372.561, F.S.; revising
11 provisions relating to issuance of recreational
12 licenses, permits, and authorization numbers to
13 take wild animal life, freshwater aquatic life,
14 and marine life, and administrative costs and
15 reporting related thereto; creating s. 372.562,
16 F.S.; providing exemptions from recreational
17 license and permit fees and requirements;
18 amending s. 372.57, F.S.; revising and
19 reorganizing provisions specifying fees and
20 requirements for recreational licenses,
21 permits, and authorization numbers, including
22 hunting licenses, saltwater and freshwater
23 fishing licenses, 5-year licenses, and lifetime
24 licenses; creating an annual gold sportsman's
25 license; increasing the fee for a nonresident
26 Florida turkey permit; providing for pier
27 licenses and recreational vessel licenses, and
28 fees therefor; providing for snook permits and
29 crawfish permits, and uses thereof; amending
30 ss. 370.063, 372.571, 372.5712, 372.5715,
31 372.5717, 372.573, and 372.65, F.S.; correcting
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SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 cross references; deleting obsolete language;
2 amending s. 372.574, F.S.; revising subagent
3 duties and reporting requirements; amending s.
4 372.661, F.S.; increasing the license fee for a
5 private hunting preserve; amending s. 372.711,
6 F.S.; providing for dismissal of violations of
7 license or permit possession requirements,
8 under certain conditions; providing a fee;
9 reenacting s. 372.83(1)(h), F.S.; reenacting a
10 provision referencing penalties for violations
11 of hunting, fishing, and trapping license
12 requirements; amending s. 372.921, F.S.;
13 including amphibians in provisions relating to
14 exhibition of wildlife; increasing permit fees;
15 providing rulemaking authority; amending s.
16 372.922, F.S.; requiring a permit for personal
17 possession of wildlife by an exhibitor or
18 seller; providing a fee exemption; amending s.
19 374.977, F.S.; conforming the responsibilities
20 for posting and maintaining regulatory waterway
21 markers with the transfer of duties to the Fish
22 and Wildlife Conservation Commission; amending
23 s. 705.101, F.S.; including derelict vessels
24 within the definition of "abandoned property";
25 amending ss. 212.06 and 215.20, F.S.;
26 correcting cross references; encouraging the
27 release and feeding of certain quail; repealing
28 s. 370.0605, F.S., relating to saltwater
29 fishing licenses and fees; repealing s.
30 370.0615, F.S., relating to lifetime saltwater
31 fishing licenses; repealing s. 370.1111, F.S.,
53
1:53 PM 05/01/01 s2024.nr27.Fd
SENATE AMENDMENT
Bill No. CS for SB 2024
Amendment No. ___ Barcode 330842
1 relating to snook fishing permits; repealing s.
2 370.14(10) and (11), F.S., relating to
3 recreational crawfish taking permits and
4 issuance of a crawfish stamp; providing an
5 effective date.
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