Senate Bill sb2024e1
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1 A bill to be entitled
2 An act relating to funding for the Fish and
3 Wildlife Conservation Commission; amending s.
4 327.73, F.S.; providing for dismissal of
5 violations of boating safety identification
6 card possession requirements under certain
7 conditions; providing a fee; amending s.
8 328.72, F.S.; specifying source of the county
9 portion of vessel registration fees; providing
10 for the return of certain vessel registration
11 fees to the vessel owner's county of Florida
12 residence; amending s. 328.76, F.S.; clarifying
13 provisions relating to distribution and uses of
14 funds in the Marine Resources Conservation
15 Trust Fund; amending s. 370.06, F.S.;
16 recognizing the Railroad Retirement Board for
17 making certain disability determinations;
18 renumbering and amending s. 370.062, F.S.,
19 relating to issuance of license tags for
20 harvesting tarpon; modifying date for tax
21 collector's return of unissued tags; deleting
22 provisions relating to transfer of tag fees to
23 the Marine Resources Conservation Trust Fund
24 within a specified period; amending s.
25 370.0603, F.S.; specifying the uses of
26 designated funds deposited into the Marine
27 Resources Conservation Trust Fund; renumbering
28 and amending s. 370.0608, F.S.; providing for
29 the deposit of licenses and fees into the
30 Marine Resources Conservation Trust Fund;
31 revising purposes for which licenses and fees
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1 may be used; renumbering and amending s.
2 370.0609, F.S.; providing for the expenditure
3 of funds through grants and contracts to
4 specified research institutions; amending s.
5 370.13, F.S.; renaming depredation endorsements
6 as depredation permits; providing permit
7 requirements; amending s. 370.19, F.S.;
8 providing for legislative appointments to the
9 Atlantic States Marine Fisheries commission;
10 amending s. 370.20, F.S. providing for
11 legislative appointments to the Gulf States
12 Marine Fisheries Commission; amending s.
13 370.25, F.S.; transferring the responsibilities
14 for issuing artificial-reef permits to the
15 Department of Environmental Protection;
16 amending s. 372.105, F.S.; revising provisions
17 relating to sources and uses of funds in the
18 Lifetime Fish and Wildlife Trust Fund; amending
19 s. 372.106, F.S.; specifying distribution of
20 certain funds in the Dedicated License Trust
21 Fund; amending s. 372.16, F.S.; increasing the
22 license fee for private game preserves and
23 farms; amending s. 372.561, F.S.; revising
24 provisions relating to issuance of recreational
25 licenses, permits, and authorization numbers to
26 take wild animal life, freshwater aquatic life,
27 and marine life, and administrative costs and
28 reporting related thereto; creating s. 372.562,
29 F.S.; providing exemptions from recreational
30 license and permit fees and requirements;
31 amending s. 372.57, F.S.; revising and
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1 reorganizing provisions specifying fees and
2 requirements for recreational licenses,
3 permits, and authorization numbers, including
4 hunting licenses, saltwater and freshwater
5 fishing licenses, 5-year licenses, and lifetime
6 licenses; creating an annual gold sportsman's
7 license; increasing the fee for a nonresident
8 Florida turkey permit; providing for pier
9 licenses and recreational vessel licenses, and
10 fees therefor; providing for snook permits and
11 crawfish permits, and uses thereof; amending
12 ss. 370.063, 372.571, 372.5712, 372.5715,
13 372.5717, 372.573, and 372.65, F.S.; correcting
14 cross-references; deleting obsolete language;
15 amending s. 372.574, F.S.; revising subagent
16 duties and reporting requirements; amending s.
17 372.661, F.S.; increasing the license fee for a
18 private hunting preserve; amending s. 372.711,
19 F.S.; providing for dismissal of violations of
20 license or permit possession requirements,
21 under certain conditions; providing a fee;
22 reenacting s. 372.83(1)(h), F.S.; reenacting a
23 provision referencing penalties for violations
24 of hunting, fishing, and trapping license
25 requirements; amending s. 372.921, F.S.;
26 including amphibians in provisions relating to
27 exhibition of wildlife; increasing permit fees;
28 providing rulemaking authority; amending s.
29 372.922, F.S.; requiring a permit for personal
30 possession of wildlife by an exhibitor or
31 seller; providing a fee exemption; amending s.
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1 374.977, F.S.; conforming the responsibilities
2 for posting and maintaining regulatory waterway
3 markers with the transfer of duties to the Fish
4 and Wildlife Conservation Commission; amending
5 s. 705.101, F.S.; including derelict vessels
6 within the definition of "abandoned property";
7 amending ss. 212.06 and 215.20, F.S.;
8 correcting cross-references; encouraging the
9 release and feeding of certain quail; repealing
10 s. 370.0605, F.S., relating to saltwater
11 fishing licenses and fees; repealing s.
12 370.0615, F.S., relating to lifetime saltwater
13 fishing licenses; repealing s. 370.1111, F.S.,
14 relating to snook fishing permits; repealing s.
15 370.14(10) and (11), F.S., relating to
16 recreational crawfish taking permits and
17 issuance of a crawfish stamp; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (4) of section 327.73, Florida
23 Statutes, is amended to read:
24 327.73 Noncriminal infractions.--
25 (4) Any person charged with a noncriminal infraction
26 under this section may:
27 (a) Pay the civil penalty, either by mail or in
28 person, within 30 days of the date of receiving the citation;
29 or,
30 (b) If he or she has posted bond, forfeit bond by not
31 appearing at the designated time and location.
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1
2 If the person cited follows either of the above procedures, he
3 or she shall be deemed to have admitted the noncriminal
4 infraction and to have waived the right to a hearing on the
5 issue of commission of the infraction. Such admission shall
6 not be used as evidence in any other proceedings. If a person
7 who is cited for a violation of s. 327.395 can show a boating
8 safety identification card issued to him or her and valid at
9 the time of the citation, the clerk of the court may dismiss
10 the case and may assess a $5 dismissal fee.
11 Section 2. Subsections (1) and (15) of section 328.72,
12 Florida Statutes, are amended to read:
13 328.72 Classification; registration; fees and charges;
14 surcharge; disposition of fees; fines; marine turtle
15 stickers.--
16 (1) VESSEL REGISTRATION FEE.--Vessels that are
17 required to be registered shall be classified for registration
18 purposes according to the following schedule, and the
19 registration certificate fee shall be in the following
20 amounts:
21 Class A-1--Less than 12 feet in length, and all canoes
22 to which propulsion motors have been attached, regardless of
23 length...................................................$3.50
24 Class A-2--12 feet or more and less than 16 feet in
25 length...................................................10.50
26 (To county)...............................................2.85
27 Class 1--16 feet or more and less than 26 feet in
28 length...................................................18.50
29 (To county)...............................................8.85
30 Class 2--26 feet or more and less than 40 feet in
31 length...................................................50.50
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1 (To county)..............................................32.85
2 Class 3--40 feet or more and less than 65 feet in
3 length...................................................82.50
4 (To county)..............................................56.85
5 Class 4--65 feet or more and less than 110 feet in
6 length...................................................98.50
7 (To county)..............................................68.85
8 Class 5--110 feet or more in length..............122.50
9 (To county)..............................................86.85
10 Dealer registration certificate...................16.50
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12 The county portion of the vessel registration fee is derived
13 from recreational vessels only.
14 (15) DISTRIBUTION OF FEES.--Moneys designated for the
15 use of the counties, as specified in subsection (1), shall be
16 distributed by the tax collector to the board of county
17 commissioners for use as provided in this section. Such
18 moneys to be returned to the counties are for the sole
19 purposes of providing recreational channel marking and public
20 launching facilities and other boating-related activities, for
21 removal of vessels and floating structures deemed a hazard to
22 public safety and health for failure to comply with s. 327.53,
23 and for manatee and marine mammal protection and recovery. The
24 county portion of the vessel registration certificate fee
25 collected by the Fast Title Section of the Bureau of Titles
26 and Registration of the Department of Highway Safety and Motor
27 Vehicles must be returned to the vessel owner's county of
28 Florida residence.
29 Section 3. Subsection (1) of section 328.76, Florida
30 Statutes, is amended to read:
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1 328.76 Marine Resources Conservation Trust Fund;
2 vessel registration funds; appropriation and distribution.--
3 (1) Except as otherwise specified and less any
4 administrative costs, all funds collected from the
5 registration of vessels through the Department of Highway
6 Safety and Motor Vehicles and the tax collectors of the state,
7 except for those funds designated for the use of the counties
8 pursuant to s. 328.72(1), shall be deposited in the Marine
9 Resources Conservation Trust Fund for recreational channel
10 marking; public launching facilities; law enforcement and
11 quality control programs; aquatic weed control; manatee
12 protection, recovery, rescue, rehabilitation, and release; and
13 marine mammal protection and recovery. The funds collected
14 pursuant to s. 328.72(1) shall be transferred as follows:
15 (a) In each fiscal year, an amount equal to $1.50 for
16 each commercial and noncommercial vessel registered in this
17 state shall be transferred to the Save the Manatee Trust Fund
18 and shall be used only for the purposes specified in s.
19 370.12(4).
20 (b) An amount equal to $2 two dollars from each
21 noncommercial vessel registration fee, except that for class
22 A-1 vessels, shall be transferred to the Invasive Plant
23 Control Trust Fund for aquatic weed research and control.
24 (c) An amount equal to 40 forty percent of the
25 registration fees from commercial vessels shall be transferred
26 to the Invasive Plant Control Trust Fund for aquatic plant
27 research and control.
28 (d) An amount equal to 40 forty percent of the
29 registration fees from commercial vessels shall be transferred
30 by the Department of Highway Safety and Motor Vehicles, on a
31 monthly basis, to the General Inspection Trust Fund of the
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1 Department of Agriculture and Consumer Services. These funds
2 shall be used for shellfish and aquaculture law enforcement
3 and quality control programs.
4 Section 4. Paragraph (a) of subsection (2) of section
5 370.06, Florida Statutes, is amended to read:
6 370.06 Licenses.--
7 (2) SALTWATER PRODUCTS LICENSE.--
8 (a) Every person, firm, or corporation that sells,
9 offers for sale, barters, or exchanges for merchandise any
10 saltwater products, or which harvests saltwater products with
11 certain gear or equipment as specified by law, must have a
12 valid saltwater products license, except that the holder of an
13 aquaculture certificate under s. 597.004 is not required to
14 purchase and possess a saltwater products license in order to
15 possess, transport, or sell marine aquaculture products. Each
16 saltwater products license allows the holder to engage in any
17 of the activities for which the license is required. The
18 license must be in the possession of the licenseholder or
19 aboard the vessel and shall be subject to inspection at any
20 time that harvesting activities for which a license is
21 required are being conducted. A restricted species endorsement
22 on the saltwater products license is required to sell to a
23 licensed wholesale dealer those species which the state, by
24 law or rule, has designated as "restricted species." This
25 endorsement may be issued only to a person who is at least 16
26 years of age, or to a firm certifying that over 25 percent of
27 its income or $5,000 of its income, whichever is less, is
28 attributable to the sale of saltwater products pursuant to a
29 license issued under this paragraph or a similar license from
30 another state. This endorsement may also be issued to a
31 for-profit corporation if it certifies that at least $5,000 of
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1 its income is attributable to the sale of saltwater products
2 pursuant to a license issued under this paragraph or a similar
3 license from another state. However, if at least 50 percent of
4 the annual income of a person, firm, or for-profit corporation
5 is derived from charter fishing, the person, firm, or
6 for-profit corporation must certify that at least $2,500 of
7 the income of the person, firm, or corporation is attributable
8 to the sale of saltwater products pursuant to a license issued
9 under this paragraph or a similar license from another state,
10 in order to be issued the endorsement. Such income attribution
11 must apply to at least 1 year out of the last 3 years. For the
12 purpose of this section "income" means that income which is
13 attributable to work, employment, entrepreneurship, pensions,
14 retirement benefits, and social security benefits. To renew an
15 existing restricted species endorsement, a marine aquaculture
16 producer possessing a valid saltwater products license with a
17 restricted species endorsement may apply income from the sale
18 of marine aquaculture products to licensed wholesale dealers.
19 1. The commission is authorized to require
20 verification of such income. Acceptable proof of income earned
21 from the sale of saltwater products shall be:
22 a. Copies of trip ticket records generated pursuant to
23 this subsection (marine fisheries information system),
24 documenting qualifying sale of saltwater products;
25 b. Copies of sales records from locales other than
26 Florida documenting qualifying sale of saltwater products;
27 c. A copy of the applicable federal income tax return,
28 including Form 1099 attachments, verifying income earned from
29 the sale of saltwater products;
30 d. Crew share statements verifying income earned from
31 the sale of saltwater products; or
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1 e. A certified public accountant's notarized statement
2 attesting to qualifying source and amount of income.
3
4 Any provision of this section or any other section of the
5 Florida Statutes to the contrary notwithstanding, any person
6 who owns a retail seafood market or restaurant at a fixed
7 location for at least 3 years who has had an occupational
8 license for 3 years prior to January 1, 1990, who harvests
9 saltwater products to supply his or her retail store and has
10 had a saltwater products license for 1 of the past 3 years
11 prior to January 1, 1990, may provide proof of his or her
12 verification of income and sales value at the person's retail
13 seafood market or restaurant and in his or her saltwater
14 products enterprise by affidavit and shall thereupon be issued
15 a restricted species endorsement.
16 2. Exceptions from income requirements shall be as
17 follows:
18 a. A permanent restricted species endorsement shall be
19 available to those persons age 62 and older who have qualified
20 for such endorsement for at least 3 out of the last 5 years.
21 b. Active military duty time shall be excluded from
22 consideration of time necessary to qualify and shall not be
23 counted against the applicant for purposes of qualifying.
24 c. Upon the sale of a used commercial fishing vessel
25 owned by a person, firm, or corporation possessing or eligible
26 for a restricted species endorsement, the purchaser of such
27 vessel shall be exempted from the qualifying income
28 requirement for the purpose of obtaining a restricted species
29 endorsement for a period of 1 year after purchase of the
30 vessel.
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1 d. Upon the death or permanent disablement of a person
2 possessing a restricted species endorsement, an immediate
3 family member wishing to carry on the fishing operation shall
4 be exempted from the qualifying income requirement for the
5 purpose of obtaining a restricted species endorsement for a
6 period of 1 year after the death or disablement.
7 e. A restricted species endorsement may be issued on
8 an individual saltwater products license to a person age 62 or
9 older who documents that at least $2,500 is attributable to
10 the sale of saltwater products pursuant to the provisions of
11 this paragraph.
12 f. A permanent restricted species endorsement may also
13 be issued on an individual saltwater products license to a
14 person age 70 or older who has held a saltwater products
15 license for at least 3 of the last 5 license years.
16 g.(I) Any resident who is certified to be totally and
17 permanently disabled by the Railroad Retirement Board, by the
18 United States Department of Veterans Affairs or its
19 predecessor, or by any branch of the United States Armed
20 Forces, or who holds a valid identification card issued by the
21 Department of Veterans' Affairs pursuant to s. 295.17, upon
22 proof of the same, or any resident certified to be totally
23 disabled by the United States Social Security Administration,
24 upon proof of the same, shall be exempted from the income
25 requirements if he or she also has held a saltwater products
26 license for at least 3 of the last 5 license years prior to
27 the date of the disability.
28 (II) A Disability Award Notice issued by the United
29 States Social Security Administration is not sufficient
30 certification for a resident to obtain the income exemption
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1 unless the notice certifies that the resident is totally
2 disabled.
3
4 At least one saltwater products license bearing a restricted
5 species endorsement shall be aboard any vessel harvesting
6 restricted species in excess of any bag limit or when fishing
7 under a commercial quota or in commercial quantities, and such
8 vessel shall have a commercial vessel registration. This
9 subsection does not apply to any person, firm, or corporation
10 licensed under s. 370.07(1)(a)1. or (b) for activities
11 pursuant to such licenses. A saltwater products license may be
12 issued in the name of an individual or a valid boat
13 registration number. Such license is not transferable. A decal
14 shall be issued with each saltwater products license issued to
15 a valid boat registration number. The saltwater products
16 license decal shall be the same color as the vessel
17 registration decal issued each year pursuant to s. 328.48(5)
18 and shall indicate the period of time such license is valid.
19 The saltwater products license decal shall be placed beside
20 the vessel registration decal and, in the case of an
21 undocumented vessel, shall be placed so that the vessel
22 registration decal lies between the vessel registration number
23 and the saltwater products license decal. Any saltwater
24 products license decal for a previous year shall be removed
25 from a vessel operating on the waters of the state. A resident
26 shall pay an annual license fee of $50 for a saltwater
27 products license issued in the name of an individual or $100
28 for a saltwater products license issued to a valid boat
29 registration number. A nonresident shall pay an annual license
30 fee of $200 for a saltwater products license issued in the
31 name of an individual or $400 for a saltwater products license
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1 issued to a valid boat registration number. An alien shall pay
2 an annual license fee of $300 for a saltwater products license
3 issued in the name of an individual or $600 for a saltwater
4 products license issued to a valid boat registration number.
5 Any person who sells saltwater products pursuant to this
6 license may sell only to a licensed wholesale dealer. A
7 saltwater products license must be presented to the licensed
8 wholesale dealer each time saltwater products are sold, and an
9 imprint made thereof. The wholesale dealer shall keep records
10 of each transaction in such detail as may be required by rule
11 of the commission not in conflict with s. 370.07(6), and shall
12 provide the holder of the saltwater products license with a
13 copy of the record. It is unlawful for any licensed wholesale
14 dealer to buy saltwater products from any unlicensed person
15 under the provisions of this section, except that a licensed
16 wholesale dealer may buy from another licensed wholesale
17 dealer. It is unlawful for any licensed wholesale dealer to
18 buy saltwater products designated as "restricted species" from
19 any person, firm, or corporation not possessing a restricted
20 species endorsement on his or her saltwater products license
21 under the provisions of this section, except that a licensed
22 wholesale dealer may buy from another licensed wholesale
23 dealer. The commission shall be the licensing agency, may
24 contract with private persons or entities to implement aspects
25 of the licensing program, and shall establish by rule a marine
26 fisheries information system in conjunction with the licensing
27 program to gather fisheries data.
28 Section 5. Paragraph (c) of subsection (2) of section
29 370.0603, Florida Statutes, is amended to read:
30 370.0603 Marine Resources Conservation Trust Fund;
31 purposes.--
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1 (2) The Marine Resources Conservation Trust Fund shall
2 receive the proceeds from:
3 (c) All fees collected pursuant to ss. 370.062,
4 370.063, and 370.142, and 372.5704.
5 Section 6. Section 370.0608, Florida Statutes, is
6 renumbered as section 372.5701, Florida Statutes, and amended
7 to read:
8 372.5701 370.0608 Deposit of license fees; allocation
9 of federal funds.--
10 (1) Except as otherwise provided in ss. 372.105 and
11 372.106, all saltwater license and permit fees collected
12 pursuant to s. 372.57 All license fees collected pursuant to
13 s. 370.0605 shall be deposited into the Marine Resources
14 Conservation Trust Fund, to be used as follows:
15 (a) Not less than 35 percent of the total fees
16 collected shall be used for marine fisheries management,
17 saltwater fisheries enhancement, including but not limited to,
18 fishery statistics development, artificial reefs, and fish
19 hatcheries. Not more than 5 percent of the total fees
20 collected shall be used to carry out the responsibilities of
21 the Fish and Wildlife Conservation Commission and to provide
22 for the award of funds to marine research institutions in this
23 state for the purposes of enabling such institutions to
24 conduct worthy marine research projects.
25 (b) Not less than 2.5 percent of the total fees
26 collected shall be used for saltwater aquatic education
27 purposes.
28 (c)1. The remainder of such fees shall be used by the
29 commission department for the following program functions:
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1 a. Not more than 5 percent of the total fees
2 collected, for administration of the licensing program and for
3 information and education relating to saltwater fisheries.
4 b. Not less more than 30 percent of the total fees
5 collected, for marine law enforcement.
6 c. Not less than 27.5 percent of the total fees
7 collected, for marine research.
8 d. Not less than 30 percent of the total fees
9 collected, for fishery enhancement, including, but not limited
10 to, fishery statistics development, artificial reefs, and fish
11 hatcheries.
12 2. The Legislature shall annually appropriate to the
13 commission from the General Revenue Fund for the activities
14 and programs specified in subparagraph 1. at least the same
15 amount of money as was appropriated to the Department of
16 Environmental Protection from the General Revenue Fund for
17 such activities and programs for fiscal year 1988-1989, and
18 the amounts appropriated to the commission for such activities
19 and programs from the Marine Resources Conservation Trust Fund
20 shall be in addition to the amount appropriated to the
21 commission for such activities and programs from the General
22 Revenue Fund. The proceeds from recreational saltwater fishing
23 license fees paid by fishers shall only be appropriated to the
24 commission.
25 (2) Funds available from the Wallop-Breaux Aquatic
26 Resources Trust Fund shall be distributed by the commission
27 between the Division of Freshwater Fisheries and the Division
28 of Marine Fisheries in proportion to the numbers of resident
29 fresh and saltwater anglers as determined by the most current
30 data on license sales. Unless otherwise provided by federal
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1 law, the commission, at a minimum, shall provide the
2 following:
3 (a) Not less than 5 percent or more than 10 percent of
4 the funds allocated to the commission shall be expended for an
5 aquatic resources education program; and
6 (b) Not less than 10 percent of the funds allocated to
7 the commission shall be expended for acquisition, development,
8 renovation, or improvement of boating facilities.
9 (3) All license fees collected pursuant to s. 370.0605
10 shall be transferred to the Marine Resources Conservation
11 Trust Fund within 7 days following the last business day of
12 the week in which the license fees were received by the
13 commission. One-fifth of the total proceeds derived from the
14 sale of 5-year licenses and replacement 5-year licenses, and
15 all interest derived therefrom, shall be available for
16 appropriation annually.
17 Section 7. Section 370.0609, Florida Statutes, is
18 renumbered as section 372.5702, Florida Statutes, and amended
19 to read:
20 372.5702 370.0609 Expenditure of funds.--Any moneys
21 available pursuant to s. 372.5701 370.0608(1)(c)1.c. may shall
22 be expended by the Fish and Wildlife Conservation Commission
23 within Florida through grants and contracts for research with
24 research institutions including but not limited to: Florida
25 Sea Grant; Florida Marine Resources Council; Harbour Branch
26 Oceanographic Institute; Technological Research and
27 Development Authority; Florida Marine Research Institute of
28 the Fish and Wildlife Conservation Commission; Indian River
29 Region Research Institute; Mote Marine Laboratory; Marine
30 Resources Development Foundation; Florida Institute of
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1 Oceanography; and Rosentiel School of Marine and Atmospheric
2 Science; and Smithsonian Marine Station at Ft. Pierce.
3 Section 8. Section 370.062, Florida Statutes, is
4 renumbered as section 372.5704, Florida Statutes, and
5 subsections (1) and (9) of said section are amended to read:
6 372.5704 370.062 Fish and Wildlife Conservation
7 Commission license program for tarpon; fees; penalties.--
8 (1) The Fish and Wildlife Conservation commission
9 shall establish a license program for the purpose of issuing
10 tags to individuals desiring to harvest tarpon (megalops
11 atlantica) from the waters of the state of Florida. The tags
12 shall be nontransferable, except that the commission may allow
13 for a limited number of tags to be purchased by professional
14 fishing guides for transfer to individuals, and issued by the
15 commission in order of receipt of a properly completed
16 application for a nonrefundable fee of $50 per tag. The
17 commission and any tax collector may sell the tags and collect
18 the fees therefor. Tarpon tags are valid from July 1 through
19 June 30. Before August 15 5 of each year, each tax collector
20 shall submit to the commission all unissued tags for the
21 previous fiscal calendar year along with a written audit
22 report, on forms prescribed or approved by the commission, as
23 to the numbers of the unissued tags. To defray the cost of
24 issuing any tag, the issuing tax collector shall collect and
25 retain as his or her costs, in addition to the tag fee
26 collected, the amount allowed under s. 372.561(7)(4) for the
27 issuance of licenses.
28 (9) All tag fees collected by the commission shall be
29 transferred to the Marine Resources Conservation Trust Fund
30 within 7 days following the last business day of the week in
31 which the fees were received by the commission.
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1 Section 9. Subsection (3) of section 370.063, Florida
2 Statutes, is amended to read:
3 370.063 Special recreational crawfish license.--There
4 is created a special recreational crawfish license, to be
5 issued to qualified persons as provided by this section for
6 the recreational harvest of crawfish (spiny lobster) beginning
7 August 5, 1994.
8 (3) The holder of a special recreational crawfish
9 license must also possess the recreational crawfish permit
10 required by s. 372.57(8)(e) 370.14(10) and the license
11 required by s. 370.0605.
12 Section 10. Subsection (3) of section 370.13, Florida
13 Statutes, is amended to read:
14 370.13 Stone crab; regulation.--
15 (3) DEPREDATION PERMITS ENDORSEMENTS.--The Fish and
16 Wildlife Conservation commission shall issue a depredation
17 permit upon request to any marine aquaculture producer, as
18 defined in s. 370.26, engaged in the culture of shellfish. The
19 depredation permit endorsement on the saltwater products
20 license, which shall entitle the marine aquaculture producer
21 licenseholder to possess and use up to 75 stone crab traps and
22 up to 75 blue crab traps, notwithstanding any other provisions
23 of law, for the sole purpose of taking incidental take of
24 destructive or nuisance stone crabs or blue crabs within 1
25 mile of the producer's aquaculture shellfish beds. Any marine
26 aquaculture producer as defined by s. 370.26 who raises
27 shellfish may obtain a depredation endorsement by providing an
28 aquaculture registration certificate to the commission. No
29 stone crabs or blue crabs taken under this subsection may be
30 sold, bartered, or exchanged, or offered for sale, barter, or
31 exchange.
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1 Section 11. Article III of subsection (1) and
2 subsection (2) of section 370.19, Florida Statutes, are
3 amended to read:
4 370.19 Atlantic States Marine Fisheries Compact;
5 implementing legislation.--
6 (1) FORM.--The Governor of this state is hereby
7 authorized and directed to execute a compact on behalf of the
8 State of Florida with any one or more of the States of Maine,
9 New Hampshire, Massachusetts, Rhode Island, Connecticut, New
10 York, New Jersey, Delaware, Maryland, Virginia, North
11 Carolina, South Carolina, and Georgia, and with such other
12 states as may enter into the compact, legally joining therein
13 in the form substantially as follows:
14
15 ATLANTIC STATES MARINE FISHERIES
16 COMPACT
17
18 The contracting states solemnly agree:
19
20 ARTICLE III
21
22 Each state joining herein shall appoint three
23 representatives to a commission hereby constituted and
24 designated as the Atlantic States Marine Fisheries Commission.
25 One shall be the executive officer of the administrative
26 agency of such state charged with the conservation of the
27 fisheries resources to which this compact pertains or, if
28 there be more than one officer or agency, the official of that
29 state named by the governor thereof. The second shall be a
30 member of the legislature of such state designated by such
31 legislature or in the absence of such designation, such
19
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1 legislator shall be designated by the governor thereof,
2 provided that if it is constitutionally impossible to appoint
3 a legislator as a commissioner from such state, the second
4 member shall be appointed in such manner as may be established
5 by law the house committee on commerce and reciprocal trade of
6 such state. The third shall be a citizen who shall have a
7 knowledge of and interest in the marine fisheries problem to
8 be appointed by the governor. This commission shall be a body
9 corporate with the powers and duties set forth herein.
10 (2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In
11 pursuance of Article III of said compact there shall be three
12 members (hereinafter called commissioners) of the Atlantic
13 States Marine Fisheries Commission (hereinafter called
14 commission) from this state. The first commissioner from this
15 state shall be the Executive Director of the Fish and Wildlife
16 Conservation Commission, ex officio, and the term of any such
17 ex officio commissioner shall terminate at the time he or she
18 ceases to hold said office of Executive Director of the Fish
19 and Wildlife Conservation Commission, and his or her successor
20 as commissioner shall be his or her successor as executive
21 director. The second commissioner from this state shall be a
22 legislator appointed on a rotating basis by the President of
23 the Senate or the Speaker of the House of Representatives,
24 beginning with the appointment of a member of the Senate and
25 member of the house committee on commerce and reciprocal trade
26 (of the State of Florida, ex officio, designated by said house
27 committee on commerce and reciprocal trade), and the term of
28 any such ex officio commissioner shall terminate at the time
29 he or she ceases to hold said legislative office as
30 commissioner on interstate cooperation, and his or her
31 successor as commissioner shall be named in like manner. The
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1 Governor (subject to confirmation by the Senate), shall
2 appoint a citizen as a third commissioner who shall have a
3 knowledge of, and interest in, the marine fisheries problem.
4 The term of said commissioner shall be 3 years and the
5 commissioner shall hold office until a successor shall be
6 appointed and qualified. Vacancies occurring in the office of
7 such commissioner from any reason or cause shall be filled by
8 appointment by the Governor (subject to confirmation by the
9 Senate), for the unexpired term. The Executive Director of the
10 Fish and Wildlife Conservation Commission as ex officio
11 commissioner may delegate, from time to time, to any deputy or
12 other subordinate in his or her department or office, the
13 power to be present and participate, including voting, as his
14 or her representative or substitute at any meeting of or
15 hearing by or other proceeding of the commission. The terms of
16 each of the initial three members shall begin at the date of
17 the appointment of the appointive commissioner, provided the
18 said compact shall then have gone into effect in accordance
19 with Article II of the compact; otherwise, they shall begin
20 upon the date upon which said compact shall become effective
21 in accordance with said Article II. Any commissioner may be
22 removed from office by the Governor upon charges and after a
23 hearing.
24 Section 12. Subsection (2) of section 370.20, Florida
25 Statutes, is amended to read:
26 370.20 Gulf States Marine Fisheries Compact;
27 implementing legislation.--
28 (2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In
29 pursuance of article III of said compact, there shall be three
30 members (hereinafter called commissioners) of the Gulf States
31 Marine Fisheries Commission (hereafter called commission) from
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1 the State of Florida. The first commissioner from the State of
2 Florida shall be the Executive Director of the Fish and
3 Wildlife Conservation Commission, ex officio, and the term of
4 any such ex officio commissioner shall terminate at the time
5 he or she ceases to hold said office of Executive Director of
6 the Fish and Wildlife Conservation Commission, and his or her
7 successor as commissioner shall be his or her successor as
8 executive director. The second commissioner from the State of
9 Florida shall be a legislator appointed on a rotating basis by
10 the President of the Senate or the Speaker of the House of
11 Representatives, beginning with the appointment of a member of
12 the House of Representatives and a member of the house
13 committee on commerce and reciprocal trade (of the State of
14 Florida ex officio, designated by said house committee on
15 commerce and reciprocal trade), and the term of any such ex
16 officio commissioner shall terminate at the time he or she
17 ceases to hold said legislative office as commissioner on
18 interstate cooperation, and his or her successor as
19 commissioner shall be named in like manner. The Governor
20 (subject to confirmation by the Senate) shall appoint a
21 citizen as a third commissioner who shall have a knowledge of
22 and interest in the marine fisheries problem. The term of said
23 commissioner shall be 3 years and the commissioner shall hold
24 office until a successor shall be appointed and qualified.
25 Vacancies occurring in the office of such commissioner from
26 any reason or cause shall be filled by appointment by the
27 Governor (subject to confirmation by the Senate) for the
28 unexpired term. The Executive Director of the Fish and
29 Wildlife Conservation Commission, as ex officio commissioner,
30 may delegate, from time to time, to any deputy or other
31 subordinate in his or her department or office, the power to
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1 be present and participate, including voting, as his or her
2 representative or substitute at any meeting of or hearing by
3 or other proceeding of the commission. The terms of each of
4 the initial three members shall begin at the date of the
5 appointment of the appointive commissioner, provided the said
6 compact shall then have gone into effect in accordance with
7 article II of the compact; otherwise they shall begin upon the
8 date upon which said compact shall become effective in
9 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 13. Paragraph (a) of subsection (6) of section
13 370.25, Florida Statutes, is amended to read:
14 370.25 Artificial reef program; grants and financial
15 and technical assistance to local governments.--
16 (6) It is unlawful for any person to:
17 (a) Place artificial-reef-construction materials in
18 state waters outside zones permitted under the terms and
19 conditions defined in any artificial-reef permits issued by
20 the United States Army Corps of Engineers or by the Department
21 of Environmental Protection Fish and Wildlife Conservation
22 Commission.
23 Section 14. Paragraph (b) of subsection (2) and
24 subsection (3) of section 372.105, Florida Statutes, are
25 amended to read:
26 372.105 Lifetime Fish and Wildlife Trust Fund.--
27 (2) The principal of the fund shall be derived from
28 the following:
29 (b) Proceeds from the sale of lifetime licenses issued
30 in accordance with s. 372.57 with the exception of the
31 saltwater portion of the lifetime sportsman's license.
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1 (3) The fund is declared to constitute a special trust
2 derived from a contractual relationship between the state and
3 the members of the public whose investments contribute to the
4 fund. In recognition of such special trust, the following
5 limitations and restrictions are placed on expenditures from
6 the funds:
7 (a) No expenditure or disbursement shall be made from
8 the principal of the fund.
9 (b) The interest income received and accruing from the
10 investments of proceeds from the sale of lifetime freshwater
11 fishing licenses and lifetime hunting licenses the fund shall
12 be spent in furtherance of the commission's exercise of the
13 regulatory and executive powers of the state with respect to
14 the management, protection, and conservation of wild animal
15 life and freshwater aquatic life as set forth in s. 9, Art. IV
16 of the State Constitution and this chapter and as otherwise
17 authorized by the Legislature.
18 (c) The interest income received and accruing from the
19 investments of proceeds from the sale of lifetime saltwater
20 fishing licenses shall be expended for marine law enforcement,
21 marine research, and marine fishery enhancement.
22 (d)(c) No expenditures or disbursements from the
23 interest income derived from the sale of lifetime licenses
24 shall be made for any purpose until the respective holders of
25 such licenses attain the age of 16 years. The Fish and
26 Wildlife Conservation Commission as administrator of the fund
27 shall determine actuarially on an annual basis the amounts of
28 interest income within the fund which may be disbursed
29 pursuant to this paragraph. The director shall cause deposits
30 of proceeds from the sale of lifetime licenses to be
31 identifiable by the ages of the license recipients.
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1 (e)(d) Any limitations or restrictions specified by
2 the donors on the uses of the interest income derived from
3 gifts, grants, and voluntary contributions shall be respected
4 but shall not be binding.
5 (f)(e) The fund shall be exempt from the provisions of
6 s. 215.20.
7 Section 15. Section 372.106, Florida Statutes, is
8 amended to read:
9 372.106 Dedicated License Trust Fund.--
10 (1) There is established within the Fish and Wildlife
11 Conservation Commission the Dedicated License Trust Fund. The
12 fund shall be credited with moneys collected pursuant to s.
13 ss. 370.0605 and 372.57 for 5-year licenses and replacement
14 5-year licenses.
15 (2)(a) One-fifth of the total proceeds from the sale
16 of 5-year freshwater fishing and hunting licenses and
17 replacement licenses, and all interest derived therefrom,
18 shall be appropriated annually to the State Game Trust Fund.
19 (b) One-fifth of the total proceeds from the sale of
20 5-year saltwater fishing licenses and replacement licenses,
21 and all interest derived therefrom, shall be appropriated
22 annually to the Marine Resources Conservation Trust Fund.
23 (3)(2) The fund shall be exempt from the provisions of
24 s. 215.20.
25 Section 16. Subsections (1) and (4) of section 372.16,
26 Florida Statutes, are amended to read:
27 372.16 Private game preserves and farms; penalty.--
28 (1) Any person owning land in this state may, after
29 having secured a license therefor from the Fish and Wildlife
30 Conservation Commission, establish, maintain, and operate
31 within the boundaries thereof, a private preserve and farm,
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1 not exceeding an area of 640 acres, for the protection,
2 preservation, propagation, rearing, and production of game
3 birds and animals for private and commercial purposes,
4 provided that no two game preserves shall join each other or
5 be connected. Before any private game preserve or farm is
6 established, the owner or operator shall secure a license from
7 the commission, the fee for which is $25 per year.
8 (4) Any person violating the provisions of this
9 section shall for the first offense commits be guilty of a
10 misdemeanor of the second degree, punishable as provided in s.
11 775.082 or s. 775.083, and for a second or subsequent offense
12 commits shall be guilty of a misdemeanor of the first degree,
13 punishable as provided in s. 775.082 or s. 775.083. Any
14 person convicted of violating the provisions of this section
15 shall forfeit, to the Fish and Wildlife Conservation
16 commission, any license or permit issued under this section
17 the provisions hereof; and no further license or permit shall
18 be issued to such person for a period of 1 year following such
19 conviction. Before any private game preserve or farm is
20 established, the owner or operator shall secure a license from
21 the Fish and Wildlife Conservation Commission, the fee for
22 which shall be $5 per year.
23 Section 17. Section 372.561, Florida Statutes, is
24 amended to read:
25 (Substantial rewording of section. See
26 s. 372.561, F.S., for present text.)
27 372.561 Recreational licenses, permits, and
28 authorization numbers to take wild animal life, freshwater
29 aquatic life, and marine life; issuance; costs; reporting.--
30 (1) This section applies to all recreational licenses
31 and permits and to any authorization numbers issued by the
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1 commission through the electronic sale of recreational
2 licenses or permits.
3 (2) The commission shall establish forms for the
4 issuance of recreational licenses and permits.
5 (3) The commission shall issue a license, permit, or
6 authorization number to take wild animal life, freshwater
7 aquatic life, or marine life when an applicant provides proof
8 that she or he is entitled to such license, permit, or
9 authorization number. Each applicant for a recreational
10 license, permit, or authorization number shall provide her or
11 his social security number on the application form.
12 Disclosure of social security numbers obtained through this
13 requirement shall be limited to the purposes of administration
14 of the Title IV-D program for child support enforcement, use
15 by the commission, and as otherwise provided by law.
16 (4) The commission is authorized to establish the
17 following, using competitive bid procedures:
18 (a) A process and a vendor fee for the sale of
19 licenses, permits, and authorization numbers over the
20 telephone using a credit card.
21 (b) A process and a vendor fee for the electronic sale
22 of licenses, permits, and authorization numbers.
23 (c) A process and a vendor fee for a statewide
24 automated license system.
25 (5) Licenses and permits to take wild animal life,
26 freshwater aquatic life, or marine life may be sold by the
27 commission, by any tax collector in the state, or by any
28 subagent authorized under s. 372.574.
29 (6) In addition to any license or permit fee, the sum
30 of $1.50 shall be charged for each license or management area
31 permit to cover the cost of issuing such license or permit.
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1 (7)(a)1. For each hunting or freshwater fishing
2 license sold and for each sportsman's or gold sportsman's
3 license sold, a tax collector may retain $1.
4 2. For each management area permit sold, a tax
5 collector may retain $1.
6 3. For each saltwater fishing tag or license sold,
7 including combination saltwater fishing and freshwater fishing
8 licenses, or combination saltwater fishing, freshwater
9 fishing, and hunting licenses, a tax collector may retain
10 $1.50.
11 (b) Tax collectors shall remit license and permit
12 moneys, along with a report of funds collected and other
13 required documentation, to the commission weekly. Tax
14 collectors shall maintain records of all licenses and permits
15 that are sold, voided, stolen, or lost.
16 1. The tax collector is responsible to the commission
17 for the fees for all licenses and permits sold and for the
18 value of all licenses and permits reported as lost.
19 2. The tax collector shall report stolen licenses and
20 permits to the appropriate law enforcement agency.
21 3. The tax collector shall submit a written report and
22 a copy of the law enforcement agency's report to the
23 commission within 5 days after discovering a theft.
24 4. The tax collector is responsible for the fees for
25 all licenses and permits sold or lost by a subagent appointed
26 pursuant to s. 372.574.
27 (8) The commission is authorized to adopt rules
28 pursuant to ss. 120.536(1) and 120.54 to implement the
29 provisions of this section.
30 Section 18. Section 372.562, Florida Statutes, is
31 created to read:
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1 372.562 Recreational licenses and permits; exemptions
2 from fees and requirements.--
3 (1) Hunting, freshwater fishing, and saltwater fishing
4 licenses and permits shall be issued without fee to any
5 resident who is certified:
6 (a) To be totally and permanently disabled by the
7 Railroad Retirement Board, by the United States Department of
8 Veterans Affairs or its predecessor, or by any branch of the
9 United States Armed Forces, or who holds a valid
10 identification card issued under the provisions of s. 295.17,
11 upon proof of same. Any license issued under this paragraph
12 after January 1, 1997, expires after 5 years and must be
13 reissued, upon request, every 5 years thereafter.
14 (b) To be disabled by the United States Social
15 Security Administration, upon proof of same. Any license
16 issued under this paragraph after October 1, 1999, expires
17 after 2 years and must be reissued, upon proof of
18 certification of disability, every 2 years thereafter.
19
20 A disability license issued after July 1, 1997, and before
21 July 1, 2000, retains the rights vested thereunder until the
22 license has expired.
23 (2) A hunting, freshwater fishing, or saltwater
24 fishing license or permit is not required for:
25 (a) Any child under 16 years of age, except as
26 otherwise provided in this chapter.
27 (b) Any person hunting or fishing on her or his
28 homestead property, or on the homestead property of the
29 person's spouse or minor child; or any minor child hunting or
30 fishing on the homestead property of her or his parent.
31
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1 (c) Any resident who is a member of the United States
2 Armed Forces and not stationed in this state, when home on
3 leave for 30 days or less, upon submission of orders.
4 (d) Any resident fishing for recreational purposes
5 only, within her or his county of residence with live or
6 natural bait, using poles or lines not equipped with a fishing
7 line retrieval mechanism, except on a legally established fish
8 management area.
9 (e) Any person fishing in a fishpond of 20 acres or
10 less that is located entirely within the private property of
11 the fishpond owner.
12 (f) Any person fishing in a fishpond that is licensed
13 in accordance with s. 372.5705.
14 (g) Any person fishing who has been accepted as a
15 client for developmental disabilities services by the
16 Department of Children and Family Services, provided the
17 department furnishes proof thereof.
18 (h) Any resident fishing in saltwater from land or
19 from a structure fixed to the land.
20 (i) Any person fishing from a vessel licensed pursuant
21 to s. 372.57(7).
22 (j) Any person fishing from a vessel the operator of
23 which is licensed pursuant to s. 372.57(7).
24 (k) Any person who holds a valid saltwater products
25 license issued under s. 370.06(2).
26 (l) Any person recreationally fishing from a pier
27 licensed under s. 372.57.
28 (m) Any resident who is fishing for mullet in
29 freshwater and who has a valid Florida freshwater fishing
30 license.
31
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1 (n) Any resident fishing for a saltwater species in
2 freshwater from land or from a structure fixed to land.
3 (o) Any resident 65 years of age or older who has in
4 her or his possession proof of age and residency. A no-cost
5 license under this paragraph may be obtained from any tax
6 collector's office upon proof of age and residency and must be
7 in the possession of the resident during hunting, freshwater
8 fishing, and saltwater fishing activities.
9 Section 19. Section 372.57, Florida Statutes, is
10 amended to read:
11 (Substantial rewording of section. See
12 s. 372.57, F.S., for present text.)
13 372.57 Recreational licenses, permits, and
14 authorization numbers; fees established.--
15 (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
16 REQUIRED.--Except as provided in s. 372.562, no person shall
17 hunt, fish, or take fur-bearing animals within this state
18 without having first obtained a license, permit, or
19 authorization number and paying the fees set forth in this
20 chapter. Such license, permit, or authorization number shall
21 authorize the person to whom it is issued to hunt, fish, take
22 fur-bearing animals, and participate in outdoor recreational
23 activities in accordance with the laws of the state and rules
24 of the commission.
25 (2) NONTRANSFERABILITY; INFORMATION AND
26 DOCUMENTATION.--
27 (a) Licenses, permits, and authorization numbers
28 issued under this chapter are not transferable. Each license
29 and permit must bear on its face in indelible ink the name of
30 the person to whom it is issued and other information as
31 deemed necessary by the commission. Licenses issued to the
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CS for SB 2024 First Engrossed
1 owner, operator, or custodian of a vessel that directly or
2 indirectly collects fees for taking or attempting to take or
3 possess saltwater fish for noncommercial purposes must include
4 the vessel registration number or federal documentation
5 number. Annual licenses must be dated when issued and shall
6 remain valid for 12 months after the date of issuance.
7 (b) The lifetime licenses and 5-year licenses
8 authorized in this section shall be embossed with the name,
9 date of birth, date of issuance, and other pertinent
10 information as deemed necessary by the commission. A certified
11 copy of the applicant's birth certificate shall accompany each
12 application for a lifetime license for a resident 12 years of
13 age or younger.
14 (c) A positive form of identification is required when
15 using a free license, a lifetime license, a 5-year license, or
16 an authorization number issued under this chapter, or when
17 otherwise required by a license or permit.
18 (3) PERSONAL POSSESSION REQUIRED.--Each license,
19 permit, or authorization number must be in the personal
20 possession of the person to whom it is issued while such
21 person is hunting, fishing, or taking fur-bearing animals. Any
22 person hunting, fishing, or taking fur-bearing animals who
23 fails to produce a license, permit, or authorization number at
24 the request of a commission law enforcement officer commits a
25 violation of the law.
26 (4) RESIDENT HUNTING AND FISHING LICENSES.--The
27 licenses and fees for residents participating in hunting and
28 fishing activities in this state are as follows:
29 (a) Annual freshwater fishing license, $12.
30 (b) Annual saltwater fishing license, $12.
31 (c) Annual hunting license to take game, $11.
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1 (d) Annual combination freshwater fishing and hunting
2 license, $22.
3 (e) Annual combination freshwater fishing and
4 saltwater fishing license, $24.
5 (f) Annual combination hunting, freshwater fishing,
6 and saltwater fishing license, $34.
7 (g) Annual license to take fur-bearing animals, $25.
8 However, a resident with a valid hunting license or a no-cost
9 license who is taking fur-bearing animals for noncommercial
10 purposes using guns or dogs only, and not traps or other
11 devices, is not required to purchase this license. Also, a
12 resident 65 years of age or older is not required to purchase
13 this license.
14 (h) Annual sportsman's license, $66, except that an
15 annual sportsman's license for a resident 64 years of age or
16 older is $12. A sportsman's license authorizes the person to
17 whom it is issued to take freshwater fish and game, subject to
18 the state and federal laws, rules, and regulations, including
19 rules of the commission, in effect at the time of the taking.
20 Other authorized activities include activities authorized by a
21 management area permit, a muzzle-loading gun permit, a turkey
22 permit, a Florida waterfowl permit, and an archery permit.
23 (i) Annual gold sportsman's license, $82. The gold
24 sportsman's license authorizes the person to whom it is issued
25 to take freshwater fish, saltwater fish, and game, subject to
26 the state and federal laws, rules, and regulations, including
27 rules of the commission, in effect at the time of taking.
28 Other authorized activities include activities authorized by a
29 management area permit, a muzzle-loading gun permit, a turkey
30 permit, a Florida waterfowl permit, an archery permit, a snook
31 permit, and a crawfish permit.
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1 (5) NONRESIDENT HUNTING AND FISHING LICENSES.--The
2 licenses and fees for nonresidents participating in hunting
3 and fishing activities in the state are as follows:
4 (a) Freshwater fishing license to take freshwater fish
5 for 7 consecutive days, $15.
6 (b) Saltwater fishing license to take saltwater fish
7 for 1 day, $7.50.
8 (c) Saltwater fishing license to take saltwater fish
9 for 7 consecutive days, $15.
10 (d) Annual freshwater fishing license, $30.
11 (e) Annual saltwater fishing license, $30.
12 (f) Hunting license to take game for 10 consecutive
13 days, $25.
14 (g) Annual hunting license to take game, $150.
15 (h) Annual license to take fur-bearing animals, $25.
16 However, a nonresident with a valid Florida hunting license
17 who is taking fur-bearing animals for noncommercial purposes
18 using guns or dogs only, and not traps or other devices, is
19 not required to purchase this license.
20 (6) PIER LICENSE.--A pier license for any pier fixed
21 to land for the purpose of taking or attempting to take
22 saltwater fish is $500 per year. The pier license may be
23 purchased at the option of the owner, operator, or custodian
24 of such pier and must be available for inspection at all
25 times.
26 (7) VESSEL LICENSES.--
27 (a) No person may operate any vessel wherein a fee is
28 paid, either directly or indirectly, for the purpose of
29 taking, attempting to take, or possessing any marine fish for
30 noncommercial purposes unless he or she has been issued an
31 authorization number or has obtained a license for each vessel
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1 for that purpose, and has paid the license fee pursuant to
2 paragraphs (b) and (c) for such vessel.
3 (b) A license for any person who operates any vessel
4 licensed to carry more than 10 customers wherein a fee is
5 paid, either directly or indirectly, for the purpose of taking
6 or attempting to take marine fish is $800 per year. The
7 license must be kept aboard the vessel at all times.
8 (c)1. A license for any person who operates any vessel
9 licensed to carry no more than 10 customers, or for any person
10 licensed to operate any vessel carrying 6 or fewer customers,
11 wherein a fee is paid, either directly or indirectly, for the
12 purpose of taking or attempting to take marine fish is $400
13 per year.
14 2. A license for any person licensed to operate any
15 vessel carrying six or fewer customers wherein a fee is paid,
16 either directly or indirectly, for the purpose of taking or
17 attempting to take marine fish is $200 per year. The license
18 must be kept aboard the vessel at all times.
19 3. A person who operates a vessel required to be
20 licensed pursuant to paragraph (b) or paragraph (c) may obtain
21 a license in his or her own name, and such license shall be
22 transferable and apply to any vessel operated by the
23 purchaser, provided that the purchaser has paid the
24 appropriate license fee.
25 (d) A license for a recreational vessel not for hire
26 and for which no fee is paid, either directly or indirectly,
27 by guests for the purpose of taking or attempting to take
28 marine fish noncommercially is $2,000 per year. The license
29 may be purchased at the option of the vessel owner and must be
30 kept aboard the vessel at all times. A log of species taken
31 and the date the species were taken shall be maintained and a
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1 copy of the log filed with the commission at the time of
2 renewal of the license.
3 (e) The owner, operator, or custodian of a vessel the
4 operator of which has been licensed pursuant to paragraph (a)
5 must maintain and report such statistical data as required by,
6 and in a manner set forth in, the rules of the commission.
7 (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL
8 ACTIVITY PERMITS.--In addition to any license required under
9 this chapter, the following permits and fees for specified
10 hunting, fishing, and recreational uses and activities are
11 required:
12 (a) An annual Florida waterfowl permit for a resident
13 or nonresident to take wild ducks or geese within the state or
14 its coastal waters is $3.
15 (b) An annual Florida turkey permit for a resident to
16 take wild turkeys within the state is $5.
17 (c) An annual Florida turkey permit for a nonresident
18 to take wild turkeys within the state is $100.
19 (d) An annual snook permit for a resident or
20 nonresident to take or possess any snook from any waters of
21 the state is $2. Revenue generated from the sale of snook
22 permits shall be used exclusively for programs to benefit the
23 snook population.
24 (e) An annual crawfish permit for a resident or
25 nonresident to take or possess any crawfish for recreational
26 purposes from any waters of the state is $2. Revenue
27 generated from the sale of crawfish permits shall be used
28 exclusively for programs to benefit the crawfish population.
29 (f) An annual muzzle-loading gun permit for a resident
30 or nonresident to hunt within the state with a muzzle-loading
31 gun is $5. Hunting with a muzzle-loading gun is limited to
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1 game seasons in which hunting with a modern firearm is not
2 authorized by the commission.
3 (g) An annual archery permit for a resident or
4 nonresident to hunt within the state with a bow and arrow is
5 $5. Hunting with an archery permit is limited to those game
6 seasons in which hunting with a firearm is not authorized by
7 the commission.
8 (h) A special use permit for a resident or nonresident
9 to participate in limited entry hunting or fishing activities
10 as authorized by commission rule shall not exceed $100 per day
11 or $250 per week. Notwithstanding any other provision of this
12 chapter, there are no exclusions, exceptions, or exemptions
13 from this permit fee. In addition to the permit fee, the
14 commission may charge each special use permit applicant a
15 nonrefundable application fee not to exceed $10.
16 (i)1. A management area permit for a resident or
17 nonresident to hunt on, fish on, or otherwise use for outdoor
18 recreational purposes land owned, leased, or managed by the
19 commission, or by the state for the use and benefit of the
20 commission, shall not exceed $25 per year.
21 2. Permit fees for short-term use of land that is
22 owned, leased, or managed by the commission may be established
23 by rule of the commission for activities on such lands. Such
24 permits may be in lieu of, or in addition to, the annual
25 management area permit authorized in subparagraph 1.
26 3. Other than for hunting or fishing, the provisions
27 of this paragraph shall not apply on any lands not owned by
28 the commission, unless the commission has obtained the written
29 consent of the owner or primary custodian of such lands.
30 (j)1. A recreational user permit is required to hunt
31 on, fish on, or otherwise use for outdoor recreational
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1 purposes land leased by the commission from private
2 nongovernmental owners, except for those lands located
3 directly north of the Apalachicola National Forest, east of
4 the Ochlocknee River until the point the river meets the dam
5 forming Lake Talquin, and south of the closest federal
6 highway. The fee for a recreational user permit shall be
7 based upon the economic compensation desired by the landowner,
8 game population levels, desired hunter density, and
9 administrative costs. The permit fee shall be set by
10 commission rule on a per-acre basis. The recreational user
11 permit fee, less administrative costs of up to $25 per permit,
12 shall be remitted to the landowner as provided in the lease
13 agreement for each area.
14 2. One minor dependent, 16 years of age or younger,
15 may hunt under the supervision of the permittee and is exempt
16 from the recreational user permit requirements. The spouse
17 and dependent children of a permittee are exempt from the
18 recreational user permit requirements when engaged in outdoor
19 recreational activities other than hunting and when
20 accompanied by a permittee. Notwithstanding any other
21 provision of this chapter, no other exclusions, exceptions, or
22 exemptions from the recreational user permit fee are
23 authorized.
24 (9)(a) RESIDENT 5-YEAR HUNTING AND FISHING
25 LICENSES.--Five-year licenses are available for residents
26 only, as follows:
27 1. A 5-year freshwater fishing or saltwater fishing
28 license is $60 for each type of license and authorizes the
29 person to whom the license is issued to take or attempt to
30 take or possess freshwater fish or saltwater fish consistent
31
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1 with the state and federal laws and regulations and rules of
2 the commission in effect at the time of taking.
3 2. A 5-year hunting license is $55 and authorizes the
4 person to whom it is issued to take or attempt to take or
5 possess game consistent with the state and federal laws and
6 regulations and rules of the commission in effect at the time
7 of taking.
8 (b) Proceeds from the sale of all 5-year licenses
9 shall be deposited into the Dedicated License Trust Fund, to
10 be distributed in accordance with the provisions of s.
11 372.106.
12 (10) RESIDENT LIFETIME FRESHWATER AND SALTWATER
13 FISHING LICENSES.--
14 (a) Lifetime freshwater fishing licenses and saltwater
15 fishing licenses are available for residents only, as follows,
16 for:
17 1. Persons 4 years of age or younger, for a fee of
18 $125 for each type of license.
19 2. Persons 5 years of age or older, but under 13 years
20 of age, for a fee of $225 for each type of license.
21 3. Persons 13 years of age or older, for a fee of $300
22 for each type of license.
23 (b) The following activities are authorized by the
24 purchase of a lifetime freshwater fishing license:
25 1. Taking, or attempting to take or possess,
26 freshwater fish consistent with the state and federal laws and
27 regulations and rules of the commission in effect at the time
28 of the taking.
29 2. All activities authorized by a management area
30 permit, excluding hunting.
31
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1 (c) The following activities are authorized by the
2 purchase of a lifetime saltwater fishing license:
3 1. Taking, or attempting to take or possess, saltwater
4 fish consistent with the state and federal laws and
5 regulations and rules of the commission in effect at the time
6 of the taking.
7 2. All activities authorized by a snook permit and a
8 crawfish permit.
9 3. All activities for which an additional license,
10 permit, or fee is required to take or attempt to take or
11 possess saltwater fish, which additional license, permit, or
12 fee was imposed subsequent to the date of the purchase of the
13 lifetime saltwater fishing license.
14 (11) RESIDENT LIFETIME HUNTING LICENSES.--
15 (a) Lifetime hunting licenses are available to
16 residents only, as follows, for:
17 1. Persons 4 years of age or younger, for a fee of
18 $200.
19 2. Persons 5 years of age or older, but under 13 years
20 of age, for a fee of $350.
21 3. Persons 13 years of age or older, for a fee of
22 $500.
23 (b) The following activities are authorized by the
24 purchase of a lifetime hunting license:
25 1. Taking, or attempting to take or possess, game
26 consistent with the state and federal laws and regulations and
27 rules of the commission in effect at the time of the taking.
28 2. All activities authorized by a muzzle-loading gun
29 permit, a turkey permit, an archery permit, a Florida
30 waterfowl permit, and a management area permit, excluding
31 fishing.
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1 (12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
2 (a) Lifetime sportsman's licenses are available, to
3 residents only, as follows, for:
4 1. Persons 4 years of age or younger, for a fee of
5 $400.
6 2. Persons 5 years of age or older, but under 13 years
7 of age, for a fee of $700.
8 3. Persons 13 years of age or older, for a fee of
9 $1,000.
10 (b) The following activities are authorized by the
11 purchase of a lifetime sportsman's license:
12 1. Taking, or attempting to take or possess,
13 freshwater and saltwater fish, and game, consistent with the
14 state and federal laws and regulations and rules of the
15 commission in effect at the time of taking.
16 2. All activities authorized by a management area
17 permit, a muzzle-loading gun permit, a turkey permit, an
18 archery permit, a Florida waterfowl permit, a snook permit,
19 and a crawfish permit.
20
21 The proceeds from the sale of all lifetime licenses authorized
22 in this section shall be deposited into the Lifetime Fish and
23 Wildlife Trust Fund, to be distributed as provided in s.
24 372.105.
25 (13) RECIPROCAL FEE AGREEMENTS.--The commission is
26 authorized to reduce the fees for licenses and permits under
27 this section for residents of those states with which the
28 commission has entered into reciprocal agreements with respect
29 to such fees.
30 (14) FREE FISHING DAYS.--The commission may designate
31 by rule no more than 2 consecutive or nonconsecutive days in
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1 each year as free freshwater fishing days and no more than 2
2 consecutive or nonconsecutive days in each year as free
3 saltwater fishing days. Notwithstanding any other provision
4 of this chapter, any person may take freshwater fish for
5 noncommercial purposes on a free freshwater fishing day and
6 may take saltwater fish for noncommercial purposes on a free
7 saltwater fishing day, without obtaining or possessing a
8 license or paying a license fee as prescribed in this section.
9 A person who takes freshwater or saltwater fish on a free
10 fishing day without obtaining a license or paying a fee must
11 comply with all laws, rules, and regulations governing the
12 holders of a fishing license and all other conditions and
13 limitations regulating the taking of freshwater or saltwater
14 fish as are imposed by law or rule.
15 Section 20. Section 372.571, Florida Statutes, is
16 amended to read:
17 372.571 Expiration of licenses and permits.--Each
18 license or permit issued under this chapter must be dated when
19 issued. Each license or permit issued under this chapter
20 remains valid for 12 months after the date of issuance, except
21 for a lifetime license issued pursuant to s. 372.57 which is
22 valid from the date of issuance until the death of the
23 individual to whom the license is issued unless otherwise
24 revoked in accordance with s. 372.99, or a 5-year license
25 issued pursuant to s. 372.57 which is valid for 5 consecutive
26 years from the date of purchase unless otherwise revoked in
27 accordance with s. 372.99 or a license issued pursuant to s.
28 372.57(5)(a), (b), (c), or (g) or (8)(h) or (i)2. (2)(b) or
29 (g), which is valid for the period specified on the license.
30 A resident lifetime license or a resident 5-year license that
31 has been purchased by a resident of this state and who
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1 subsequently resides in another state shall be honored for
2 activities authorized by that license.
3 Section 21. Subsection (1) of section 372.5712,
4 Florida Statutes, is amended to read:
5 372.5712 Florida waterfowl permit revenues.--
6 (1) The commission shall expend the revenues generated
7 from the sale of the Florida waterfowl permit as provided in
8 s. 372.57(8)(4)(a) or that pro rata portion of any license
9 that includes waterfowl hunting privileges, as provided in s.
10 372.57(4)(h) and (2)(i) and (14)(b) as follows: A maximum of
11 5 percent of the gross revenues shall be expended for
12 administrative costs; a maximum of 25 percent of the gross
13 revenues shall be expended for waterfowl research approved by
14 the commission; and a maximum of 70 percent of the gross
15 revenues shall be expended for projects approved by the
16 commission, in consultation with the Waterfowl Advisory
17 Council, for the purpose of protecting and propagating
18 migratory waterfowl and for the development, restoration,
19 maintenance, and preservation of wetlands within the state.
20 Section 22. Subsection (1) of section 372.5715,
21 Florida Statutes, is amended to read:
22 372.5715 Florida wild turkey permit revenues.--
23 (1) The commission shall expend the revenues generated
24 from the sale of the turkey permit as provided for in s.
25 372.57(8)(b) and (c) (4)(e) or that pro rata portion of any
26 license that includes turkey hunting privileges as provided
27 for in s. 372.57(4)(h) and (2)(i) and (14)(b) for research and
28 management of wild turkeys.
29 Section 23. Subsection (7) of section 372.5717,
30 Florida Statutes, is amended to read:
31
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1 372.5717 Hunter safety course; requirements;
2 penalty.--
3 (7) The hunter safety requirements of this section do
4 not apply to persons for whom licenses are not required under
5 s. 372.562(2) 372.57(1).
6 Section 24. Section 372.573, Florida Statutes, is
7 amended to read:
8 372.573 Management area permit revenues.--The
9 commission shall expend the revenue generated from the sale of
10 the management area permit as provided for in s. 372.57(8)(i)
11 (4)(b) or that pro rata portion of any license that includes
12 management area privileges as provided for in s. 372.57(4)(h)
13 and (2)(i) and (14)(b) for the lease, management, and
14 protection of lands for public hunting, fishing, and other
15 outdoor recreation.
16 Section 25. Paragraph (h) of subsection (1) and
17 paragraphs (e) and (i) of subsection (2) of section 372.574,
18 Florida Statutes, are amended to read:
19 372.574 Appointment of subagents for the sale of
20 hunting, fishing, and trapping licenses and permits.--
21 (1) A county tax collector who elects to sell licenses
22 and permits may appoint any person as a subagent for the sale
23 of fishing, hunting, and trapping licenses and permits that
24 the tax collector is allowed to sell. The following are
25 requirements for subagents:
26 (h) A subagent shall weekly submit payment for and
27 report the sale of licenses and permits to the tax collector
28 as prescribed by the tax collector but no less frequently than
29 monthly.
30 (2) If a tax collector elects not to appoint
31 subagents, the commission may appoint subagents within that
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1 county. Subagents shall serve at the pleasure of the
2 commission. The commission may establish, by rule, procedures
3 for selection of subagents. The following are requirements
4 for subagents so appointed:
5 (e) A subagent may charge and receive as his or her
6 compensation 50 cents for each license or permit sold. This
7 charge is in addition to the sum required by law to be
8 collected for the sale and issuance of each license or permit.
9 In addition, no later than July 1, 1997, a subagent fee for
10 the sale of licenses over the telephone by credit card shall
11 be established by competitive bid procedures which are
12 overseen by the Fish and Wildlife Conservation Commission. A
13 fee for electronic license sales may be established by
14 competitive-bid procedures that are overseen by the Fish and
15 Wildlife Conservation Commission.
16 (i) By July 15 of each year, each subagent shall
17 submit to the commission all unissued stamps for the previous
18 year along with a written audit report, on forms prescribed or
19 approved by the commission, on the numbers of the unissued
20 stamps.
21 Section 26. Paragraph (a) of subsection (1) and
22 subsection (2) of section 372.65, Florida Statutes, are
23 amended to read:
24 372.65 Freshwater fish dealer's license.--
25 (1) No person shall engage in the business of taking
26 for sale or selling any frogs or freshwater fish, including
27 live bait, of any species or size, or importing any exotic or
28 nonindigenous fish, until such person has obtained a license
29 and paid the fee therefor as set forth herein. The license
30 issued shall be in the possession of the person to whom issued
31 while such person is engaging in the business of taking for
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1 sale or selling freshwater fish or frogs, is not transferable,
2 shall bear on its face in indelible ink the name of the person
3 to whom it is issued, and shall be affixed to a license
4 identification card issued by the commission. Such license is
5 not valid unless it bears the name of the person to whom it is
6 issued and is so affixed. The failure of such person to
7 exhibit such license to the commission or any of its wildlife
8 officers when such person is found engaging in such business
9 is a violation of law. The license fees and activities
10 permitted under particular licenses are as follows:
11 (a) The fee for a resident commercial fishing license,
12 which permits a resident to take freshwater fish or frogs by
13 any lawful method prescribed by the commission and to sell
14 such fish or frogs, shall be $25. The license provided for in
15 this paragraph shall also allow noncommercial fishing as
16 provided by law and commission rules, and the license in s.
17 372.57(4)(2)(a) shall not be required.
18 (2) The provisions of ss. 372.561 and 372.571, except
19 those provisions relating to issuance without fee to certain
20 classes of persons, shall apply to licenses issued under this
21 section.
22 Section 27. Section 372.661, Florida Statutes, is
23 amended to read:
24 372.661 Private hunting preserve licenses; fees,
25 license; exception.--
26 (1) Any person who operates a private hunting preserve
27 commercially or otherwise shall be required to pay a license
28 fee of $50 $25 for each such preserve; provided, however, that
29 during the open season established for wild game of any
30 species a private individual may take artificially propagated
31 game of such species up to the bag limit prescribed for the
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1 particular species without being required to pay the license
2 fee required by this section; provided further that if any
3 such individual shall charge a fee for taking such game she or
4 he shall be required to pay the license fee required by this
5 section and to comply with the rules and regulations of the
6 Fish and Wildlife Conservation commission relative to the
7 operation of private hunting preserves.
8 (2) A commercial hunting preserve license, which shall
9 exempt patrons of licensed preserves from the license and
10 permit requirements of s. 372.57(4)(c), (d), (f), (h), and
11 (i); (5)(f) and (g); (8)(a), (b), (c), (f), and (g); (9)(a)2.;
12 (11); and (12) licensure requirements of s. 372.57(2)(e), (f),
13 (g), and (i), (4)(a), (c), (d), and (e), (7), (9), and (14)(b)
14 while hunting on the licensed preserve property, shall be
15 $500. Such commercial hunting preserve license shall be
16 available only to those private hunting preserves licensed
17 pursuant to this section which are operated exclusively for
18 commercial purposes, which are open to the public, and for
19 which a uniform fee is charged to patrons for hunting
20 privileges.
21 Section 28. Subsection (8) is added to section
22 372.711, Florida Statutes, to read:
23 372.711 Noncriminal infractions.--
24 (8) A person who is cited for a violation of the
25 provisions of s. 372.57 that require the possession of a
26 license or permit may not be convicted if, prior to or at the
27 time of his or her court or hearing appearance, the person
28 produces in court or to the clerk of the court in which the
29 charge is pending the required license or permit that was
30 issued to him or her and valid at the time of his or her
31 citation. The clerk of the court is authorized to dismiss
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1 each such case at any time before, or at the time of, the
2 defendant's appearance in court. The clerk of the court may
3 assess a fee of $5 for dismissing the case under this
4 subsection.
5 Section 29. Paragraph (h) of subsection (1) of section
6 372.83, Florida Statutes, is reenacted to read:
7 372.83 Noncriminal infractions; criminal penalties;
8 suspension and revocation of licenses and permits.--
9 (1) A person is guilty of a noncriminal infraction,
10 punishable as provided in s. 372.711, if she or he violates
11 any of the following provisions:
12 (h) Section 372.57, relating to hunting, fishing, and
13 trapping licenses.
14
15 A person who fails to pay the civil penalty specified in s.
16 372.711 within 30 days after being cited for a noncriminal
17 infraction or to appear before the court pursuant to that
18 section is guilty of a misdemeanor of the second degree,
19 punishable as provided in s. 775.082 or s. 775.083.
20 Section 30. Subsections (1), (2), and (4) of section
21 372.921, Florida Statutes, are amended, subsection (9) is
22 renumbered as subsection (10), and a new subsection (9) is
23 added to said section, to read:
24 372.921 Exhibition of wildlife.--
25 (1) In order to provide humane treatment and sanitary
26 surroundings for wild animals kept in captivity, no person,
27 firm, corporation, or association shall have, or be in
28 possession of, in captivity for the purpose of public display
29 with or without charge or for public sale any wildlife,
30 specifically birds, mammals, amphibians, and reptiles, whether
31 indigenous to Florida or not, without having first secured a
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1 permit from the Fish and Wildlife Conservation Commission
2 authorizing such person, firm, or corporation to have in its
3 possession in captivity the species and number of wildlife
4 specified within such permit; however, this section does not
5 apply to any wildlife not protected by law and the rules
6 regulations of the Fish and Wildlife Conservation commission.
7 (2) The fees to be paid for the issuance of permits
8 required by subsection (1) shall be as follows:
9 (a) For not more than 25 Class I or Class II 10
10 individual specimens in the aggregate of all species, the sum
11 of $100 $5 per annum.
12 (b) For over 25 Class I or Class II 10 individual
13 specimens in the aggregate of all species, the sum of $250 $25
14 per annum.
15 (c) For any number of Class III individual specimens
16 in the aggregate of all species, the sum of $25 per annum.
17
18 The fees prescribed by this subsection section shall be
19 submitted to the Fish and Wildlife Conservation commission
20 with the application for permit required by subsection (1) and
21 shall be deposited in the State Game Fund.
22 (4) Permits issued pursuant to this section and places
23 where wildlife is kept or held in captivity shall be subject
24 to inspection by officers of the Fish and Wildlife
25 Conservation commission at all times. The commission shall
26 have the power to release or confiscate any specimens of any
27 wildlife, specifically birds, mammals, amphibians, or
28 reptiles, whether indigenous to the state or not, when it is
29 found that conditions under which they are being confined are
30 unsanitary, or unsafe to the public in any manner, or that the
31 species of wildlife are being maltreated, mistreated, or
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1 neglected or kept in any manner contrary to the provisions of
2 chapter 828, any such permit to the contrary notwithstanding.
3 Before any such wildlife is confiscated or released under the
4 authority of this section, the owner thereof shall have been
5 advised in writing of the existence of such unsatisfactory
6 conditions; the owner shall have been given 30 days in which
7 to correct such conditions; the owner shall have failed to
8 correct such conditions; the owner shall have had an
9 opportunity for a proceeding pursuant to chapter 120; and the
10 commission shall have ordered such confiscation or release
11 after careful consideration of all evidence in the particular
12 case in question. The final order of the commission shall
13 constitute final agency action.
14 (9) The commission is authorized to adopt rules
15 pursuant to ss. 120.536(1) and 120.54 to implement this
16 section, including, but not limited to, rules defining Class
17 I, Class II, and Class III types of wildlife.
18 Section 31. Subsection (5) of section 372.922, Florida
19 Statutes, is amended to read:
20 372.922 Personal possession of wildlife.--
21 (5) Any person, firm, corporation, or association
22 exhibiting or selling wildlife and being duly permitted as
23 provided by s. 372.921 shall be exempt from the fee
24 requirement to receive obtain a permit under the provisions of
25 this section.
26 Section 32. Section 374.977, Florida Statutes, is
27 amended to read:
28 374.977 Inland navigation districts; manatee
29 protection speed zones, responsibility for sign posting.--Each
30 inland navigation district shall be responsible for posting
31 and maintaining regulatory markers, as approved by the Fish
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1 and Wildlife Conservation Commission Department of
2 Environmental Protection, for manatee protection speed zones.
3 Such responsibility shall not be limited to the intracoastal
4 waterway, but shall include all waters within each member
5 county for which regulatory markers must be posted. Sign
6 locations shall be jointly selected by the Fish and Wildlife
7 Conservation Commission Department of Environmental Protection
8 and the appropriate inland navigation district, pending
9 necessary federal, state and local approvals. Should an inland
10 navigation district lack the resources or otherwise be unable
11 to carry out its sign posting and maintenance duties, this
12 responsibility shall then be assumed by the Fish and Wildlife
13 Conservation Commission Department of Environmental
14 Protection.
15 Section 33. Subsection (3) of section 705.101, Florida
16 Statutes, is amended to read:
17 705.101 Definitions.--As used in this chapter:
18 (3) "Abandoned property" means all tangible personal
19 property that does not have an identifiable owner and that has
20 been disposed on public property in a wrecked, inoperative, or
21 partially dismantled condition or has no apparent intrinsic
22 value to the rightful owner. However, Vessels determined to be
23 derelict by the Fish and Wildlife Conservation Commission or a
24 county or municipality in accordance with the provisions of s.
25 823.11 are not included within this definition.
26 Section 34. Paragraph (b) of subsection (8) of section
27 212.06, Florida Statutes, is amended to read:
28 212.06 Sales, storage, use tax; collectible from
29 dealers; "dealer" defined; dealers to collect from purchasers;
30 legislative intent as to scope of tax.--
31 (8)
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1 (b) The presumption that tangible personal property
2 used in another state, territory of the United States, or the
3 District of Columbia for 6 months or longer before being
4 imported into this state was not purchased for use in this
5 state does not apply to any boat for which a saltwater fishing
6 license fee is required to be paid pursuant to s. 372.57(7)
7 370.0605(2)(b)1., 2., or 3., either directly or indirectly,
8 for the purpose of taking, attempting to take, or possessing
9 any marine fish for noncommercial purposes. Use tax shall
10 apply and be due on such a boat as provided in this paragraph,
11 and proof of payment of such tax must be presented prior to
12 the first such licensure of the boat, registration of the boat
13 pursuant to chapter 328, and titling of the boat pursuant to
14 chapter 328. A boat that is first licensed within 1 year after
15 purchase shall be subject to use tax on the full amount of the
16 purchase price; a boat that is first licensed in the second
17 year after purchase shall be subject to use tax on 90 percent
18 of the purchase price; a boat that is first licensed in the
19 third year after purchase shall be subject to use tax on 80
20 percent of the purchase price; a boat that is first licensed
21 in the fourth year after purchase shall be subject to use tax
22 on 70 percent of the purchase price; a boat that is first
23 licensed in the fifth year after purchase shall be subject to
24 use tax on 60 percent of the purchase price; and a boat that
25 is first licensed in the sixth year after purchase, or later,
26 shall be subject to use tax on 50 percent of the purchase
27 price. If the purchaser fails to provide the purchase invoice
28 on such boat, the fair market value of the boat at the time of
29 importation into this state shall be used to compute the tax.
30 Section 35. Paragraph (l) of subsection (4) of section
31 215.20, Florida Statutes, is amended to read:
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1 215.20 Certain income and certain trust funds to
2 contribute to the General Revenue Fund.--
3 (4) The income of a revenue nature deposited in the
4 following described trust funds, by whatever name designated,
5 is that from which the deductions authorized by subsection (3)
6 shall be made:
7 (l) The Marine Resources Conservation Trust Fund
8 created by s. 370.0603 370.0608, with the exception of those
9 fees collected for recreational saltwater fishing licenses as
10 provided in s. 372.57 370.0605.
11
12 The enumeration of the foregoing moneys or trust funds shall
13 not prohibit the applicability thereto of s. 215.24 should the
14 Governor determine that for the reasons mentioned in s. 215.24
15 the money or trust funds should be exempt herefrom, as it is
16 the purpose of this law to exempt income from its force and
17 effect when, by the operation of this law, federal matching
18 funds or contributions or private grants to any trust fund
19 would be lost to the state.
20 Section 36. State agencies and water management
21 districts that manage lands for public hunting are encouraged
22 to authorize the release and feeding of breeder-raised and
23 wild quail on such lands to increase quail hunting
24 opportunities and replenish quail population in the state.
25 Section 37. Sections 370.0605, 370.0615, and 370.1111,
26 and subsections (10) and (11) of section 370.14, Florida
27 Statutes, are repealed.
28 Section 38. This act shall take effect July 1, 2001.
29
30
31
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