House Bill hb1085

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    Florida House of Representatives - 2002                HB 1085

        By Representative Baxley






  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 327.395,

  4         F.S.; revising age requirements for persons who

  5         must possess a boating safety identification

  6         card prior to operating certain vessels;

  7         amending s. 327.73, F.S.; authorizing dismissal

  8         of certain violations for failure to possess a

  9         boating safety identification card; authorizing

10         a dismissal fee in certain circumstances;

11         amending s. 370.25, F.S.; authorizing state

12         universities to receive financial and technical

13         assistance from the commission for the siting

14         and development of artificial reefs;

15         authorizing the commission to accept title to

16         certain vessels on behalf of the state for use

17         in the artificial reef program and to adopt

18         rules regarding the transfer of such titles;

19         amending s. 372.001, F.S.; revising and

20         reorganizing definitions; creating s. 372.002,

21         F.S.; providing legislative intent regarding

22         the right to hunt, fish, and take game in the

23         state; amending s. 372.105, F.S.; revising

24         provisions relating to sources and uses of

25         funds in the Lifetime Fish and Wildlife Trust

26         Fund; amending s. 372.106, F.S.; specifying

27         distribution of certain funds in the Dedicated

28         License Trust Fund; amending s. 372.16, F.S.;

29         increasing the license fee for private game

30         preserves and farms; creating s. 372.551, F.S.;

31         authorizing the commission to establish

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  1         processes and vendor fees for the sale of

  2         licenses and permits and the issuance of

  3         authorization numbers, and for creation of a

  4         statewide automated licensing system; requiring

  5         the use of competitive bidding procedures;

  6         amending s. 372.561, F.S.; revising provisions

  7         relating to issuance of recreational licenses,

  8         permits, and authorization numbers to take wild

  9         animal life, freshwater aquatic life, and

10         marine life, and administrative costs and

11         reporting requirements related thereto;

12         creating s. 372.562, F.S.; providing exemptions

13         from recreational license and permit fees and

14         requirements; amending s. 372.57, F.S.;

15         revising and reorganizing provisions specifying

16         fees and requirements for recreational

17         licenses, permits, and authorization numbers,

18         including hunting licenses, saltwater and

19         freshwater fishing licenses, 5-year licenses,

20         and lifetime licenses; creating an annual gold

21         sportsman's license; creating a nonresident

22         3-day freshwater fishing license; increasing

23         the fees for nonresident freshwater and

24         saltwater fishing licenses; increasing the fee

25         for a nonresident Florida turkey permit;

26         creating an annual Florida bass permit, and

27         providing a fee therefor; providing for pier

28         licenses and recreational vessel licenses, and

29         providing fees therefor; providing for snook

30         permits and crawfish permits; providing permit

31         fees and providing for the use of revenues

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  1         therefrom; renumbering and amending s.

  2         370.0608, F.S.; providing for the deposit of

  3         saltwater licenses and fees into the Marine

  4         Resources Conservation Trust Fund; revising

  5         purposes for which licenses and fees may be

  6         used; renumbering and amending s. 370.0609,

  7         F.S.; providing for the expenditure of funds

  8         through grants and contracts to specified

  9         research institutes; renumbering and amending

10         s. 370.062, F.S., relating to issuance of

11         license tags for harvesting tarpon; modifying

12         date for tax collector's return of unissued

13         tags; deleting provisions relating to transfer

14         of tag fees to the Marine Resources

15         Conservation Trust Fund within a specified

16         period; creating s. 372.5716, F.S.; specifying

17         use of bass permit revenues; requiring an

18         annual report; amending s. 372.574, F.S.;

19         conforming subagent duties and reporting

20         requirements; amending s. 372.661, F.S.;

21         increasing the license fee for operation of a

22         private hunting preserve; correcting a cross

23         reference; amending s. 372.711, F.S.; providing

24         for dismissal of violations of license or

25         permit possession requirements under certain

26         conditions; authorizing a dismissal fee under

27         certain conditions; reenacting ss. 372.711(1)

28         and 372.83(1)(h), F.S.; reenacting provisions

29         referencing penalties for violations of

30         hunting, fishing, and trapping license and

31         permit requirements; amending s. 372.87, F.S.;

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  1         increasing a license or permit fee for keeping,

  2         possessing, or exhibiting poisonous or venomous

  3         reptiles; amending s. 372.921, F.S.; including

  4         amphibians in provisions relating to exhibition

  5         of wildlife; increasing existing permit fees

  6         and providing a new permit fee; providing

  7         rulemaking authority; providing a penalty;

  8         amending s. 372.922, F.S.; clarifying

  9         classifications of types of wildlife; requiring

10         a permit for personal possession; providing a

11         fee exemption for personal possession of

12         wildlife by an exhibitor or seller; amending s.

13         705.101, F.S.; including derelict vessels

14         within the definition of "abandoned property";

15         amending ss. 212.06, 215.20, 370.0603, 370.063,

16         372.571, 372.5712, 372.5715, 372.5717, 372.573,

17         372.65, 372.7015, 372.7016, and 810.09, F.S.;

18         correcting cross references; deleting obsolete

19         language; repealing s. 370.0605, F.S., relating

20         to saltwater fishing licenses and fees;

21         repealing s. 370.0615, F.S., relating to

22         lifetime saltwater fishing licenses; repealing

23         s. 370.1111, F.S., relating to snook fishing

24         permits; repealing s. 370.14 (10) and (11),

25         F.S., relating to recreational crawfish taking

26         permits and issuance of a crawfish stamp;

27         repealing s. 372.05(4), F.S., relating to

28         duties of the executive director of the

29         commission; repealing s. 372.06, F.S., relating

30         to meetings of the commission; providing an

31         effective date.

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    Florida House of Representatives - 2002                HB 1085

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Paragraph (b) of subsection (8) of section

  4  212.06, Florida Statutes, is amended to read:

  5         212.06  Sales, storage, use tax; collectible from

  6  dealers; "dealer" defined; dealers to collect from purchasers;

  7  legislative intent as to scope of tax.--

  8         (8)

  9         (b)  The presumption that tangible personal property

10  used in another state, territory of the United States, or the

11  District of Columbia for 6 months or longer before being

12  imported into this state was not purchased for use in this

13  state does not apply to any boat for which a saltwater fishing

14  license fee is required to be paid pursuant to s. 372.57(7)

15  370.0605(2)(b)1., 2., or 3., either directly or indirectly,

16  for the purpose of taking, attempting to take, or possessing

17  any saltwater marine fish for noncommercial purposes.  Use tax

18  shall apply and be due on such a boat as provided in this

19  paragraph, and proof of payment of such tax must be presented

20  prior to the first such licensure of the boat, registration of

21  the boat pursuant to chapter 328, and titling of the boat

22  pursuant to chapter 328. A boat that is first licensed within

23  1 year after purchase shall be subject to use tax on the full

24  amount of the purchase price; a boat that is first licensed in

25  the second year after purchase shall be subject to use tax on

26  90 percent of the purchase price; a boat that is first

27  licensed in the third year after purchase shall be subject to

28  use tax on 80 percent of the purchase price; a boat that is

29  first licensed in the fourth year after purchase shall be

30  subject to use tax on 70 percent of the purchase price; a boat

31  that is first licensed in the fifth year after purchase shall

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  1  be subject to use tax on 60 percent of the purchase price; and

  2  a boat that is first licensed in the sixth year after

  3  purchase, or later, shall be subject to use tax on 50 percent

  4  of the purchase price.  If the purchaser fails to provide the

  5  purchase invoice on such boat, the fair market value of the

  6  boat at the time of importation into this state shall be used

  7  to compute the tax.

  8         Section 2.  Paragraph (l) of subsection (4) of section

  9  215.20, Florida Statutes, is amended to read:

10         215.20  Certain income and certain trust funds to

11  contribute to the General Revenue Fund.--

12         (4)  The income of a revenue nature deposited in the

13  following described trust funds, by whatever name designated,

14  is that from which the deductions authorized by subsection (3)

15  shall be made:

16         (l)  The Marine Resources Conservation Trust Fund

17  created by s. 370.0603 370.0608, with the exception of those

18  fees collected for recreational saltwater fishing licenses as

19  provided in s. 372.57 370.0605.

20         Section 3.  Section (1) of section 327.395, Florida

21  Statutes, is amended to read:

22         327.395  Boating safety identification cards.--

23         (1)  Until October 1, 2001, A person born after

24  September 30, 1980, and on or after October 1, 2001, a person

25  21 years of age or younger may not operate a vessel powered by

26  a motor of 10 horsepower or greater unless such person has in

27  his or her possession aboard the vessel photographic

28  identification and a boater safety identification card issued

29  by the commission which shows that he or she has:

30         (a)  Completed a commission-approved boater education

31  course that meets the minimum 8-hour instruction requirement

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  1  established by the National Association of State Boating Law

  2  Administrators;

  3         (b)  Passed a course equivalency examination approved

  4  by the commission; or

  5         (c)  Passed a temporary certificate examination

  6  developed or approved by the commission.

  7         Section 4.  Subsection (4) of section 327.73, Florida

  8  Statutes, is amended to read:

  9         327.73  Noncriminal infractions.--

10         (4)  Any person charged with a noncriminal infraction

11  under this section may:

12         (a)  Pay the civil penalty, either by mail or in

13  person, within 30 days of the date of receiving the citation;

14  or,

15         (b)  If he or she has posted bond, forfeit bond by not

16  appearing at the designated time and location.

17

18  If the person cited follows either of the above procedures, he

19  or she shall be deemed to have admitted the noncriminal

20  infraction and to have waived the right to a hearing on the

21  issue of commission of the infraction.  Such admission shall

22  not be used as evidence in any other proceedings. If a person

23  who is citied for a violation of s. 327.395 can show a boating

24  safety identification card issued to that person and valid at

25  the time of the citation, the clerk of the court may dismiss

26  the case and may assess a $5 dismissal fee.

27         Section 5.  Paragraph (c) of subsection (2) of section

28  370.0603, Florida Statutes, is amended to read:

29         370.0603  Marine Resources Conservation Trust Fund;

30  purposes.--

31

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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.  Subsection (3) of section 370.063, Florida

  6  Statutes, is amended to read:

  7         370.063  Special recreational crawfish license.--There

  8  is created a special recreational crawfish license, to be

  9  issued to qualified persons as provided by this section for

10  the recreational harvest of crawfish (spiny lobster) beginning

11  August 5, 1994.

12         (3)  The holder of a special recreational crawfish

13  license must also possess the recreational crawfish permit

14  required by s. 372.57(8)(e) 370.14(10) and the license

15  required by s. 370.0605.

16         Section 7.  Subsections (1) and (3) of section 370.25,

17  Florida Statutes, are amended to read:

18         370.25  Artificial reef program; grants and financial

19  and technical assistance to local governments.--

20         (1)  An artificial reef program is created within the

21  Fish and Wildlife Conservation commission to enhance saltwater

22  opportunities and to promote proper management of fisheries

23  resources associated with artificial reefs for the public

24  interest. Under the program, the commission may provide grants

25  and financial and technical assistance to coastal local

26  governments, state universities, and nonprofit corporations

27  qualified under s. 501(c)(3) of the Internal Revenue Code for

28  the siting and development of artificial reefs as well as for

29  monitoring and evaluating their recreational, economic, and

30  biological effectiveness. The commission is authorized to

31  accept title, on behalf of the state, to vessels for use in

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  1  the artificial reef program as offshore artificial reefs. The

  2  program may be funded from state, federal, and private

  3  contributions.

  4         (3)  The commission may adopt by rule criteria for

  5  siting, constructing, managing, and evaluating the

  6  effectiveness of artificial reefs placed in state or adjacent

  7  federal waters and criteria implementing the transfer of

  8  vessel titles to the state for use as an offshore artificial

  9  reef, consistent with this section.

10         Section 8.  Section 372.001, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section.  See

13         s. 372.001, F.S., for present text.)

14         372.001  Definitions.--In construing these statutes,

15  when applied to saltwater and freshwater fish, shellfish,

16  crustacea, sponges, wild birds, and wild animals, where the

17  context permits, the word, phrase, or term:

18         (1)  "Authorization number" means a number issued by

19  the commission, or its authorized agent, which serves in lieu

20  of a license or permit and affords the privilege purchased for

21  a specified period of time.

22         (2)  "Closed season" means that portion of the year

23  during which the laws of Florida forbid the taking of

24  particular species of game or varieties of fish.

25         (3)  "Commission" means the Fish and Wildlife

26  Conservation Commission.

27         (4)  "Common carrier" includes any person, firm, or

28  corporation which undertakes for hire, as a regular business,

29  the transportation of persons or commodities from place to

30  place, offering its services to all who may choose to employ

31  it and pay its charges.

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  1         (5)  "Fish and game" includes all fresh and saltwater

  2  fish, shellfish, crustacea, sponges, wild birds, and wild

  3  animals.

  4         (6)  "Fish management area" means a pond, lake, or

  5  other water within a county, or within several counties,

  6  designated to improve fishing for public use, and established

  7  and specifically circumscribed for authorized management by

  8  the commission and the board of county commissioners of the

  9  county in which such waters lie, under agreement between the

10  commission and an owner with approval by the board of county

11  commissioners or under agreement with the board of county

12  commissioners for use of public waters in the county in which

13  such waters lie.

14         (7)  "Fish pond" means a body of water that does not

15  occur naturally and that has been constructed and is

16  maintained primarily for the purpose of fishing.

17         (8)  "Florida bass" means any bass in the genus

18  Micropterus.

19         (9)  "Fresh water," except where otherwise provided by

20  law, includes all lakes, rivers, canals, and other waterways

21  of Florida, to such point or points where the fresh and salt

22  waters commingle to such an extent as to become unpalatable

23  and unfit for human consumption because of the saline content,

24  or to such point or points as may be fixed by order of the

25  commission by and with the consent of the board of county

26  commissioners of the county or counties to be affected by such

27  order.  The Steinhatchee River shall be considered fresh water

28  from its source to mouth.

29         (10)  "Freshwater fish" includes all classes of pisces

30  that are indigenous to fresh water.

31

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  1         (11)  "Fur-bearing animals" includes muskrat, mink,

  2  raccoon, otter, civet cat, skunk, red and gray fox, and

  3  opossum.

  4         (12)  "Game" means deer, bear, squirrel, rabbits, and,

  5  where designated by commission rules, wild hogs, ducks, geese,

  6  rails, coots, gallinules, snipe, woodcock, wild turkeys,

  7  grouse, pheasants, quail, and doves.

  8         (13)  "Nongame" includes all species and populations of

  9  indigenous wild vertebrates and invertebrates in the state

10  that are not defined as game.

11         (14)  "Open season" means that portion of the year

12  during which the laws of Florida for the preservation of fish

13  and game permit the taking of particular species of game or

14  varieties of fish.

15         (15)  "Private hunting preserve" includes any area set

16  aside by a private individual or concern on which artificially

17  propagated game or birds are taken.

18         (16)  "Resident" means:

19         (a)  Any person who has continually resided in this

20  state for 6 months; or

21         (b)  Any member of the United States Armed Forces who

22  is stationed in this state.

23         (17)  "Take" means taking, attempting to take,

24  pursuing, hunting, molesting, capturing, or killing any

25  wildlife or freshwater fish, their nests or eggs, by any

26  means, whether or not such actions result in obtaining

27  possession of such wildlife or freshwater fish or their nests

28  or eggs.

29         (18)  "Transport" includes shipping, transporting,

30  carrying, importing, exporting, or receiving or delivering for

31  shipment, transportation, carriage, or export.

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  1         Section 9.  Section 372.002, Florida Statutes, is

  2  created to read:

  3         372.002  Right to hunt and fish.--The Legislature

  4  recognizes that hunting, fishing, and the taking of game are a

  5  valued part of the cultural heritage of Florida and should be

  6  forever preserved for Floridians. The Legislature further

  7  recognizes that these activities play an important part in the

  8  state's economy and in the conservation, preservation, and

  9  management of the state's natural areas and resources.

10  Therefore, the Legislature intends that the citizens of

11  Florida have a right to hunt, fish, and take game, subject to

12  the regulations and restrictions prescribed by general law and

13  by s. 9, Art. IV of the State Constitution.

14         Section 10.  Paragraph (b) of subsection (2) and

15  subsection (3) of section 372.105, Florida Statutes, are

16  amended to read:

17         372.105  Lifetime Fish and Wildlife Trust Fund.--

18         (2)  The principal of the fund shall be derived from

19  the following:

20         (b)  Proceeds from the sale of lifetime licenses issued

21  in accordance with s. 372.57 with the exception of the

22  saltwater portion of the lifetime sportsman's license.

23         (3)  The fund is declared to constitute a special trust

24  derived from a contractual relationship between the state and

25  the members of the public whose investments contribute to the

26  fund.  In recognition of such special trust, the following

27  limitations and restrictions are placed on expenditures from

28  the funds:

29         (a)  No expenditure or disbursement shall be made from

30  the principal of the fund.

31

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  1         (b)  The interest income received and accruing from the

  2  investments of proceeds from the sale of lifetime freshwater

  3  fishing licenses and lifetime hunting licenses the fund shall

  4  be spent in furtherance of the commission's exercise of the

  5  regulatory and executive powers of the state with respect to

  6  the management, protection, and conservation of wild animal

  7  life and freshwater aquatic life as set forth in s. 9, Art. IV

  8  of the State Constitution and this chapter and as otherwise

  9  authorized by the Legislature.

10         (c)  The interest income received and accruing from the

11  investments of proceeds from the sale of lifetime saltwater

12  fishing licenses shall be expended for marine law enforcement,

13  marine research, and marine fishery enhancement.

14         (d)(c)  No expenditures or disbursements from the

15  interest income derived from the sale of lifetime licenses

16  shall be made for any purpose until the respective holders of

17  such licenses attain the age of 16 years.  The Fish and

18  Wildlife Conservation Commission as administrator of the fund

19  shall determine actuarially on an annual basis the amounts of

20  interest income within the fund which may be disbursed

21  pursuant to this paragraph.  The director shall cause deposits

22  of proceeds from the sale of lifetime licenses to be

23  identifiable by the ages of the license recipients.

24         (e)(d)  Any limitations or restrictions specified by

25  the donors on the uses of the interest income derived from

26  gifts, grants, and voluntary contributions shall be respected

27  but shall not be binding.

28         (f)(e)  The fund shall be exempt from the provisions of

29  s. 215.20.

30         Section 11.  Section 372.106, Florida Statutes, is

31  amended to read:

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  1         372.106  Dedicated License Trust Fund.--

  2         (1)  There is established within the Fish and Wildlife

  3  Conservation Commission the Dedicated License Trust Fund. The

  4  fund shall be credited with moneys collected pursuant to s.

  5  ss. 370.0605 and 372.57 for 5-year licenses and permits and

  6  replacement 5-year licenses.

  7         (2)(a)  One-fifth of the total proceeds from the sale

  8  of 5-year hunting and freshwater fishing licenses, permits,

  9  and replacement licenses, and all interest derived therefrom,

10  shall be appropriated annually to the State Game Trust Fund.

11         (b)  One-fifth of the total proceeds from the sale of

12  5-year saltwater fishing licenses, permits, and replacement

13  licenses, and all interest derived therefrom, shall be

14  appropriated annually to the Marine Resources Conservation

15  Trust Fund.

16         (3)(2)  The fund shall be exempt from the provisions of

17  s. 215.20.

18         Section 12.  Subsections (1) and (4) of section 372.16,

19  Florida Statutes, are amended to read:

20         372.16  Private game preserves and farms; penalty.--

21         (1)  Any person owning land in this state may, after

22  having secured a license therefor from the Fish and Wildlife

23  Conservation Commission, establish, maintain, and operate

24  within the boundaries thereof, a private preserve and farm,

25  not exceeding an area of 640 acres, for the protection,

26  preservation, propagation, rearing, and production of game

27  birds and animals for private and commercial purposes,

28  provided that no two game preserves shall join each other or

29  be connected. Before any private game preserve or farm is

30  established, the owner or operator shall secure a license from

31  the commission, the fee for which is $25 per year.

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  1         (4)  Any person violating the provisions of this

  2  section shall for the first offense commits be guilty of a

  3  misdemeanor of the second degree, punishable as provided in s.

  4  775.082 or s. 775.083, and for a second or subsequent offense

  5  commits shall be guilty of a misdemeanor of the first degree,

  6  punishable as provided in s. 775.082 or s. 775.083.  Any

  7  person convicted of violating the provisions of this section

  8  shall forfeit, to the Fish and Wildlife Conservation

  9  commission, any license or permit issued under this section

10  the provisions hereof; and no further license or permit shall

11  be issued to such person for a period of 1 year following such

12  conviction. Before any private game preserve or farm is

13  established, the owner or operator shall secure a license from

14  the Fish and Wildlife Conservation Commission, the fee for

15  which shall be $5 per year.

16         Section 13.  Section 372.551, Florida Statutes, is

17  created to read:

18         372.551  Competitive bidding for certain sale of

19  licenses and  permits and the issuance of authorization

20  numbers.--The commission is authorized to establish the

21  following, using competitive bidding procedures:

22         (1)  A process and a vendor fee for the sale of

23  licenses and permits, and the issuance of authorization

24  numbers, over the telephone.

25         (2)  A process and a vendor fee for the electronic sale

26  of licenses and permits and for the electronic issuance of

27  authorization numbers.

28         (3)  A process and a vendor fee to establish a

29  statewide automated license system.

30         Section 14.  Section 372.561, Florida Statutes, is

31  amended to read:

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  1         (Substantial rewording of section. See

  2         s. 372.561, F.S., for present text.)

  3         372.561  Recreational licenses, permits, and

  4  authorization numbers to take wild animal life, freshwater

  5  aquatic life, and marine life; issuance; costs; reporting.--

  6         (1)  This section applies to all recreational licenses

  7  and permits and to any authorization numbers issued by the

  8  commission for the use of such recreational licenses or

  9  permits.

10         (2)  The commission shall establish forms for the

11  issuance of recreational licenses and permits.

12         (3)  The commission shall issue a license, permit, or

13  authorization number to take wild animal life, freshwater

14  aquatic life, or marine life when an applicant provides proof

15  that she or he is entitled to such license, permit, or

16  authorization number.  Each applicant for a recreational

17  license, permit, or authorization number shall provide her or

18  his social security number on the application form.

19  Disclosure of social security numbers obtained through this

20  requirement shall be limited to the purposes of administration

21  of the Title IV-D program for child support enforcement, use

22  by the commission, and as otherwise provided by law.

23         (4)  Licenses and permits to take wild animal life,

24  freshwater aquatic life, or marine life may be sold by the

25  commission, by any tax collector in the state, or by any

26  subagent authorized under s. 372.574.

27         (5)  In addition to any license or permit fee, the sum

28  of $1.50 shall be charged for each license or management area

29  permit to cover the cost of issuing such license or permit.

30

31

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  1         (6)(a)1.  For each type of hunting or freshwater

  2  fishing license sold and for each type of sportsman's license

  3  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 type of saltwater fishing tag or license

  7  sold, including combination saltwater fishing and freshwater

  8  fishing 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.

14         (c)  Tax collectors shall maintain records of all

15  licenses and permits 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         (7)  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 15.  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 or determined:

  6         (a)  To be totally and permanently disabled for

  7  purposes of workers' compensation under chapter 440 as

  8  verified by an order of a judge of compensation claims or

  9  written confirmation by the carrier providing workers'

10  compensation benefits, or to be totally and permanently

11  disabled by the Railroad Retirement Board, by the United

12  States Department of Veterans Affairs or its predecessor, or

13  by any branch of the United States Armed Forces, or who holds

14  a valid identification card issued under the provisions of s.

15  295.17, upon proof of same.  Any license issued under this

16  paragraph after January 1, 1997, expires after 5 years and

17  must be reissued, upon request, every 5 years thereafter.

18         (b)  To be disabled by the United States Social

19  Security Administration, upon proof of same.  Any license

20  issued under this paragraph after October 1, 1999, expires

21  after 2 years and must be reissued, upon proof of

22  certification of disability, every 2 years thereafter.

23

24  A disability license issued after July 1, 1997, and before

25  July 1, 2000, retains the rights vested thereunder until the

26  license has expired.

27         (2)  A hunting, freshwater fishing, or saltwater

28  fishing license or permit is not required for:

29         (a)  Any child under 16 years of age, except as

30  otherwise provided in this chapter.

31

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  1         (b)  Any person hunting or fishing on her or his

  2  homestead property, or on the homestead property of the

  3  person's spouse or minor child; or any minor child hunting or

  4  fishing on the homestead property of her or his parent.

  5         (c)  Any resident who is a member of the United States

  6  Armed Forces and not stationed in this state, when home on

  7  leave for 30 days or less, upon submission of orders.

  8         (d)  Any resident fishing for recreational purposes

  9  only, within her or his county of residence with live or

10  natural bait, using poles or lines not equipped with a fishing

11  line retrieval mechanism, except on a legally established fish

12  management area.

13         (e)  Any person fishing in a fish pond of 20 acres or

14  less that is located entirely within the private property of

15  the fish pond owner.

16         (f)  Any person fishing in a fish pond that is licensed

17  in accordance with s. 372.5705.

18         (g)  Any person fishing who has been accepted as a

19  client for developmental disabilities services by the

20  Department of Children and Family Services, provided the

21  department furnishes proof thereof.

22         (h)  Any resident fishing in saltwater from land or

23  from a structure fixed to the land.

24         (i)  Any person fishing from a vessel licensed pursuant

25  to s. 372.57(7).

26         (j)  Any person fishing from a vessel the operator of

27  which is licensed pursuant to s. 372.57(7).

28         (k)  Any person who holds a valid saltwater products

29  license issued under s. 370.06(2).

30         (l)  Any person fishing for recreational purposes from

31  a pier licensed under s. 372.57.

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  1         (m)  Any resident fishing for a saltwater species in

  2  fresh water from land or from a structure fixed to land.

  3         (n)  Any resident fishing for mullet in fresh water who

  4  has a valid Florida freshwater fishing license.

  5         (o)  Any resident 65 years of age or older who has in

  6  her or his possession proof of age and residency.  A no-cost

  7  license under this paragraph may be obtained from any tax

  8  collector's office upon proof of age and residency and must be

  9  in the possession of the resident during hunting, freshwater

10  fishing, and saltwater fishing activities.

11         Section 16.  Section 372.57, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

14         s. 372.57, F.S., for present text.)

15         372.57  Recreational licenses, permits, and

16  authorization numbers; fees established.--

17         (1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER

18  REQUIRED.--Except as provided in s. 372.562, no person shall

19  hunt, fish, or take fur-bearing animals within this state

20  without having first obtained a license, permit, or

21  authorization number and paid the fees set forth in this

22  chapter.  Such license, permit, or authorization number shall

23  authorize the person to whom it is issued to hunt, fish, take

24  fur-bearing animals, and participate in outdoor recreational

25  activities in accordance with the laws of the state and rules

26  of the commission.

27         (2)  NONTRANSFERABILITY; INFORMATION AND

28  DOCUMENTATION.--

29         (a)  Licenses, permits, and authorization numbers

30  issued under this chapter are not transferable.  Each license

31  and permit must bear on its face in indelible ink the name of

                                  20

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  1  the person to whom it is issued and other information as

  2  deemed necessary by the commission.  Licenses issued to the

  3  owner, operator, or custodian of a vessel that directly or

  4  indirectly collects fees for taking or attempting to take or

  5  possess saltwater fish for noncommercial purposes must include

  6  the vessel registration number or federal documentation

  7  number.

  8         (b)  The lifetime licenses and 5-year licenses

  9  authorized in this section shall be embossed with the name,

10  date of birth, date of issuance, and other pertinent

11  information as deemed necessary by the commission. A certified

12  copy of the applicant's birth certificate shall accompany each

13  application for a lifetime license for a resident 12 years of

14  age or younger.

15         (c)  A positive form of identification is required when

16  using a free license, a lifetime license, a 5-year license, or

17  an authorization number issued under this chapter, or when

18  otherwise required by a license or permit.

19         (3)  PERSONAL POSSESSION REQUIRED.--Each license,

20  permit, or authorization number must be in the personal

21  possession of the person to whom it is issued while such

22  person is hunting, fishing, or taking fur-bearing animals. Any

23  person hunting, fishing, or taking fur-bearing animals who

24  fails to produce a license, permit, or authorization number at

25  the request of a commission law enforcement officer commits a

26  violation of the law.

27         (4)  RESIDENT HUNTING AND FISHING LICENSES.--The

28  licenses and fees for residents participating in hunting and

29  fishing activities in this state are as follows:

30         (a)  Annual freshwater fishing license, $12.

31         (b)  Annual saltwater fishing license, $12.

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  1         (c)  Annual hunting license to take game, $11.

  2         (d)  Annual combination hunting and freshwater fishing

  3  license, $22.

  4         (e)  Annual combination freshwater fishing and

  5  saltwater fishing license, $24.

  6         (f)  Annual combination hunting, freshwater fishing,

  7  and saltwater fishing license, $34.

  8         (g)  Annual license to take fur-bearing animals, $25.

  9  However, a resident with a valid hunting license or a no-cost

10  license who is taking fur-bearing animals for noncommercial

11  purposes using guns or dogs only, and not traps or other

12  devices, is not required to purchase this license.  Also, a

13  resident 65 years of age or older is not required to purchase

14  this license.

15         (h)  Annual sportsman's license, $71, except that an

16  annual sportsman's license for a resident 64 years of age or

17  older is $12. A sportsman's license authorizes the person to

18  whom it is issued to take game and freshwater fish, subject to

19  the state and federal laws, rules, and regulations, including

20  rules of the commission, in effect at the time of the taking.

21  Other authorized activities include activities authorized by a

22  management area permit, a muzzle-loading gun permit, a turkey

23  permit, a Florida waterfowl permit, a bass permit, and an

24  archery permit.

25         (i)  Annual gold sportsman's license, $87.  The gold

26  sportsman's license authorizes the person to whom it is issued

27  to take freshwater fish, saltwater fish, and game, subject to

28  the state and federal laws, rules, and regulations, including

29  rules of the commission, in effect at the time of taking.

30  Other authorized activities include activities authorized by a

31  management area permit, a muzzle-loading gun permit, a turkey

                                  22

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  1  permit, a Florida waterfowl permit, an archery permit, a bass

  2  permit, a snook permit, and a crawfish permit.

  3         (5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The

  4  licenses and fees for nonresidents participating in hunting

  5  and fishing activities in the state are as follows:

  6         (a)  Freshwater fishing license to take freshwater fish

  7  for 3 consecutive days, $10.

  8         (b)  Freshwater fishing license to take freshwater fish

  9  for 7 consecutive days, $20.

10         (c)  Saltwater fishing license to take saltwater fish

11  for 3 consecutive days, $10.

12         (d)  Saltwater fishing license to take saltwater fish

13  for 7 consecutive days, $20.

14         (e)  Annual freshwater fishing license, $32.

15         (f)  Annual saltwater fishing license, $32.

16         (g)  Hunting license to take game for 10 consecutive

17  days, $25.

18         (h)  Annual hunting license to take game, $150.

19         (i)  Annual license to take fur-bearing animals, $25.

20  However, a nonresident with a valid Florida hunting license

21  who is taking fur-bearing animals for noncommercial purposes

22  using guns or dogs only, and not traps or other devices, is

23  not required to purchase this license.

24         (6)  PIER LICENSE.--A pier license for any pier fixed

25  to land for the purpose of taking or attempting to take

26  saltwater fish is $500 per year.  The pier license may be

27  purchased at the option of the owner, operator, or custodian

28  of such pier and must be available for inspection at all

29  times.

30         (7)  VESSEL LICENSES.--

31

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  1         (a)  No person may operate any vessel wherein a fee is

  2  paid, either directly or indirectly, for the purpose of

  3  taking, attempting to take, or possessing any saltwater fish

  4  for noncommercial purposes unless she or he has obtained a

  5  license for each vessel for that purpose, and has paid the

  6  license fee pursuant to paragraphs (b) and (c) for such

  7  vessel.

  8         (b)  A license for any person who operates any vessel

  9  licensed to carry more than 10 customers, wherein a fee is

10  paid, either directly or indirectly, for the purpose of taking

11  or attempting to take saltwater fish, is $800 per year. The

12  license must be kept aboard the vessel at all times.

13         (c)1.  A license for any person who operates any vessel

14  licensed to carry no more than 10 customers, or for any person

15  licensed to operate any vessel carrying 6 or fewer customers,

16  wherein a fee is paid, either directly or indirectly, for the

17  purpose of taking or attempting to take saltwater fish, is

18  $400 per year.

19         2.  A license for any person licensed to operate any

20  vessel carrying six or fewer customers, wherein a fee is paid,

21  either directly or indirectly, for the purpose of taking or

22  attempting to take saltwater fish, is $200 per year. The

23  license must be kept aboard the vessel at all times.

24         3.  A person who operates a vessel required to be

25  licensed pursuant to paragraph (b) or paragraph (c) may obtain

26  a license in her or his own name, and such license shall be

27  transferable and apply to any vessel operated by the

28  purchaser, provided that the purchaser has paid the

29  appropriate license fee.

30         (d)  A license for a recreational vessel not for hire

31  and for which no fee is paid, either directly or indirectly,

                                  24

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  1  by guests for the purpose of taking or attempting to take

  2  saltwater fish noncommercially is $2,000 per year.  The

  3  license may be purchased at the option of the vessel owner and

  4  must be kept aboard the vessel at all times.  A log of species

  5  taken and the date the species were taken shall be maintained

  6  and a copy of the log filed with the commission at the time of

  7  renewal of the license.

  8         (e)  The owner, operator, or custodian of a vessel the

  9  operator of which has been licensed pursuant to paragraph (a)

10  must maintain and report such statistical data as required by,

11  and in a manner set forth in, the rules of the commission.

12         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

13  ACTIVITY PERMITS.--In addition to any license required under

14  this chapter, the following permits and fees for specified

15  hunting, fishing, and recreational uses and activities are

16  required:

17         (a)  An annual Florida waterfowl permit for a resident

18  or nonresident to take wild ducks or geese within the state or

19  its coastal waters is $3.

20         (b)  An annual Florida turkey permit for a resident to

21  take wild turkeys within the state is $5.

22         (c)  An annual Florida turkey permit for a nonresident

23  to take wild turkeys within the state is $100.

24         (d)  An annual snook permit for a resident or

25  nonresident to take or possess any snook from any waters of

26  the state is $2.  Revenue generated from the sale of snook

27  permits shall be used exclusively for programs to benefit the

28  snook population.

29         (e)  An annual crawfish permit for a resident or

30  nonresident to take or possess any crawfish for recreational

31  purposes from any waters of the state is $2.  Revenue

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  1  generated from the sale of crawfish permits shall be used

  2  exclusively for programs to benefit the crawfish population.

  3         (f)  An annual muzzle-loading gun permit for a resident

  4  or nonresident to hunt within the state with a muzzle-loading

  5  gun is $5.  Hunting with a muzzle-loading gun is limited to

  6  game seasons in which hunting with a modern firearm is not

  7  authorized by the commission.

  8         (g)  An annual archery permit for a resident or

  9  nonresident to hunt within the state with a bow and arrow is

10  $5.  Hunting with an archery permit is limited to those game

11  seasons in which hunting with a firearm is not authorized by

12  the commission.

13         (h)  An annual Florida bass permit for a resident or

14  nonresident to take or possess all species of Florida bass

15  from any waters of the state is $5.

16         (i)  A special use permit for a resident or nonresident

17  to participate in limited entry hunting or fishing activities

18  as authorized by commission rule shall not exceed $100 per day

19  or $250 per week.  Notwithstanding any other provision of this

20  chapter, there are no exclusions, exceptions, or exemptions

21  from this permit fee.  In addition to the permit fee, the

22  commission may charge each special use permit applicant a

23  nonrefundable application fee not to exceed $10.

24         (j)1.  A management area permit for a resident or

25  nonresident to hunt on, fish on, or otherwise use for outdoor

26  recreational purposes land owned, leased, or managed by the

27  commission, or by the state for the use and benefit of the

28  commission, shall not exceed $25 per year.

29         2.  Permit fees for short-term use of land that is

30  owned, leased, or managed by the commission may be established

31  by rule of the commission for activities on such lands.  Such

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  1  permits may be in lieu of, or in addition to, the annual

  2  management area permit authorized in subparagraph 1.

  3         3.  Other than for hunting or fishing, the provisions

  4  of this paragraph shall not apply on any lands not owned by

  5  the commission, unless the commission has obtained the written

  6  consent of the owner or primary custodian of such lands.

  7         (k)1.  A recreational user permit is required to hunt

  8  on, fish on, or otherwise use for outdoor recreational

  9  purposes land leased by the commission from private

10  nongovernmental owners, except for those lands located

11  directly north of the Apalachicola National Forest, east of

12  the Ochlocknee River until the point the river meets the dam

13  forming Lake Talquin, and south of the closest federal

14  highway.  The fee for a recreational user permit shall be

15  based upon the economic compensation desired by the landowner,

16  game population levels, desired hunter density, and

17  administrative costs.  The permit fee shall be set by

18  commission rule on a per-acre basis. The recreational user

19  permit fee, less administrative costs of up to $25 per permit,

20  shall be remitted to the landowner as provided in the lease

21  agreement for each area.

22         2.  One minor dependent, 16 years of age or younger,

23  may hunt under the supervision of the permittee and is exempt

24  from the recreational user permit requirements.  The spouse

25  and dependent children of a permittee are exempt from the

26  recreational user permit requirements when engaged in outdoor

27  recreational activities other than hunting and when

28  accompanied by a permittee.  Notwithstanding any other

29  provision of this chapter, no other exclusions, exceptions, or

30  exemptions from the recreational user permit fee are

31  authorized.

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  1         (9)(a)  RESIDENT 5-YEAR HUNTING AND FISHING

  2  LICENSES.--Five-year licenses are available for residents

  3  only, as follows:

  4         1.  A 5-year freshwater fishing or saltwater fishing

  5  license is $60 for each type of license and authorizes the

  6  person to whom the license is issued to take or attempt to

  7  take or possess freshwater fish or saltwater fish consistent

  8  with the state and federal laws and regulations and rules of

  9  the commission in effect at the time of taking.

10         2.  A 5-year hunting license is $55 and authorizes the

11  person to whom it is issued to take or attempt to take or

12  possess game consistent with the state and federal laws and

13  regulations and rules of the commission in effect at the time

14  of taking.

15         3.  The commission is authorized to sell the hunting,

16  fishing, and recreational activity permits authorized in

17  subsection (8) for a 5-year period to match the purchase of

18  5-year fishing and hunting licenses.  The fee for each permit

19  issued under this paragraph shall be five times the annual

20  cost established in subsection (8).

21         (b)  Proceeds from the sale of all 5-year licenses and

22  permits shall be deposited into the Dedicated License Trust

23  Fund, to be distributed in accordance with the provisions of

24  s. 372.106.

25         (10)  RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING

26  LICENSES.--

27         (a)  Lifetime freshwater fishing licenses or saltwater

28  fishing licenses are available for residents only, as follows,

29  for:

30         1.  Persons 4 years of age or younger, for a fee of

31  $125.

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  1         2.  Persons 5 years of age or older, but under 13 years

  2  of age, for a fee of $225.

  3         3.  Persons 13 years of age or older, for a fee of

  4  $300.

  5         (b)  The following activities are authorized by the

  6  purchase of a lifetime freshwater fishing license:

  7         1.  Taking, or attempting to take or possess,

  8  freshwater fish consistent with the state and federal laws and

  9  regulations and rules of the commission in effect at the time

10  of the taking.

11         2.  All activities authorized by a management area

12  permit, excluding hunting.

13         3.  All activities authorized by a Florida bass permit.

14         (c)  The following activities are authorized by the

15  purchase of a lifetime saltwater fishing license:

16         1.  Taking, or attempting to take or possess, saltwater

17  fish consistent with the state and federal laws and

18  regulations and rules of the commission in effect at the time

19  of the taking.

20         2.  All activities authorized by a snook permit and a

21  crawfish permit.

22         3.  All activities for which an additional license,

23  permit, or fee is required to take or attempt to take or

24  possess saltwater fish, which additional license, permit, or

25  fee was imposed subsequent to the date of the purchase of the

26  lifetime saltwater fishing license.

27         (11)  RESIDENT LIFETIME HUNTING LICENSES.--

28         (a)  Lifetime hunting licenses are available to

29  residents only, as follows, for:

30         1.  Persons 4 years of age or younger, for a fee of

31  $200.

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  1         2.  Persons 5 years of age or older, but under 13 years

  2  of age, for a fee of $350.

  3         3.  Persons 13 years of age or older, for a fee of

  4  $500.

  5         (b)  The following activities are authorized by the

  6  purchase of a lifetime hunting license:

  7         1.  Taking, or attempting to take or possess, game

  8  consistent with the state and federal laws and regulations and

  9  rules of the commission in effect at the time of the taking.

10         2.  All activities authorized by a muzzle-loading gun

11  permit, a turkey permit, an archery permit, a Florida

12  waterfowl permit, and a management area permit, excluding

13  fishing.

14         (12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

15         (a)  Lifetime sportsman's licenses are available to

16  residents only, as follows, for:

17         1.  Persons 4 years of age or younger, for a fee of

18  $400.

19         2.  Persons 5 years of age or older, but under 13 years

20  of age, for a fee of $700.

21         3.  Persons 13 years of age or older, for a fee of

22  $1,000.

23         (b)  The following activities are authorized by the

24  purchase of a lifetime sportsman's license:

25         1.  Taking, or attempting to take or possess,

26  freshwater and saltwater fish, and game, consistent with the

27  state and federal laws and regulations and rules of the

28  commission in effect at the time of taking.

29         2.  All activities authorized by a management area

30  permit, a muzzle-loading gun permit, a turkey permit, an

31

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  1  archery permit, a Florida waterfowl permit, a Florida bass

  2  permit, a snook permit, and a crawfish permit.

  3         (13)  PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The

  4  proceeds from the sale of all lifetime licenses authorized in

  5  this section shall be deposited into the Lifetime Fish and

  6  Wildlife Trust Fund, to be distributed as provided in s.

  7  372.105.

  8         (14)  RECIPROCAL FEE AGREEMENTS.--The commission is

  9  authorized to reduce the fees for licenses and permits under

10  this section for residents of those states with which the

11  commission has entered into reciprocal agreements with respect

12  to such fees.

13         (15)  FREE FISHING DAYS.--The commission may designate

14  by rule no more than 2 consecutive or nonconsecutive days in

15  each year as free freshwater fishing days and no more than 2

16  consecutive or nonconsecutive days in each year as free

17  saltwater fishing days.  Notwithstanding any other provision

18  of this chapter, any person may take freshwater fish for

19  noncommercial purposes on a free freshwater fishing day and

20  may take saltwater fish for noncommercial purposes on a free

21  saltwater fishing day, without obtaining or possessing a

22  license or permit or paying a license or permit fee as

23  prescribed in this section.  A person who takes freshwater or

24  saltwater fish on a free fishing day must comply with all

25  laws, rules, and regulations governing the holders of a

26  fishing license or permit and all other conditions and

27  limitations regulating the taking of freshwater or saltwater

28  fish as are imposed by law or rule.

29         Section 17.  Section 370.0608, Florida Statutes, is

30  renumbered as section 372.5701, Florida Statutes, and amended

31  to read:

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  1         372.5701 370.0608  Deposit of license fees; allocation

  2  of federal funds.--

  3         (1)  Except as provided in ss. 372.105 and 372.106, all

  4  saltwater license and permit fees collected pursuant to s.

  5  372.57 All license fees collected pursuant to s. 370.0605

  6  shall be deposited into the Marine Resources Conservation

  7  Trust Fund, to be used as follows:

  8         (a)  Not more than 7.5 percent of the total fees

  9  collected shall be used for administration of the licensing

10  program and for information and education. Not more than 5

11  percent of the total fees collected shall be used to carry out

12  the responsibilities of the Fish and Wildlife Conservation

13  Commission and to provide for the award of funds to marine

14  research institutions in this state for the purposes of

15  enabling such institutions to conduct worthy marine research

16  projects.

17         (b)  Not less than 30 percent of the total fees

18  collected shall be used for law enforcement. Not less than 2.5

19  percent of the total fees collected shall be used for aquatic

20  education purposes.

21         (c)  Not less than 32.5 percent of the total fees

22  collected shall be used for marine research and management.

23         1.  The remainder of such fees shall be used by the

24  department for the following program functions:

25         a.  Not more than 5 percent of the total fees

26  collected, for administration of the licensing program and for

27  information and education.

28         b.  Not more than 30 percent of the total fees

29  collected, for law enforcement.

30         c.  Not less than 27.5 percent of the total fees

31  collected, for marine research.

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  1         (d)d.  Not less than 30 percent of the total fees

  2  collected, for fishery enhancement, including, but not limited

  3  to, fishery statistics development, artificial reefs, and fish

  4  hatcheries.

  5         (2)2.  The Legislature shall annually appropriate to

  6  the commission from the General Revenue Fund for the

  7  activities and programs specified in subsection (1)

  8  subparagraph 1. at least the same amount of money as was

  9  appropriated to the Department of Environmental Protection

10  from the General Revenue Fund for such activities and programs

11  for fiscal year 1988-1989, and the amounts appropriated to the

12  commission for such activities and programs from the Marine

13  Resources Conservation Trust Fund shall be in addition to the

14  amount appropriated to the commission for such activities and

15  programs from the General Revenue Fund. The proceeds from

16  recreational saltwater fishing license fees paid by fishers

17  shall only be appropriated to the commission.

18         (3)(2)  Funds available from the Wallop-Breaux Aquatic

19  Resources Trust Fund shall be distributed by the commission

20  between the Division of Freshwater Fisheries and the Division

21  of Marine Fisheries in proportion to the numbers of resident

22  fresh and saltwater anglers as determined by the most current

23  data on license sales.  Unless otherwise provided by federal

24  law, the commission, at a minimum, shall provide the

25  following:

26         (a)  Not less than 5 percent or more than 10 percent of

27  the funds allocated to the commission shall be expended for an

28  aquatic resources education program; and

29         (b)  Not less than 10 percent of the funds allocated to

30  the commission shall be expended for acquisition, development,

31  renovation, or improvement of boating facilities.

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  1         (3)  All license fees collected pursuant to s. 370.0605

  2  shall be transferred to the Marine Resources Conservation

  3  Trust Fund within 7 days following the last business day of

  4  the week in which the license fees were received by the

  5  commission.  One-fifth of the total proceeds derived from the

  6  sale of 5-year licenses and replacement 5-year licenses, and

  7  all interest derived therefrom, shall be available for

  8  appropriation annually.

  9         Section 18.  Section 370.0609, Florida Statutes, is

10  renumbered as section 372.5702, Florida Statutes, and amended

11  to read:

12         372.5702 370.0609  Expenditure of funds.--Any moneys

13  available pursuant to s. 372.5701(1)(c) may 370.0608(1)(c)1.c.

14  shall be expended by the Fish and Wildlife Conservation

15  commission within Florida through grants and contracts for

16  research with research institutions including but not limited

17  to:  Florida Sea Grant; Florida Marine Resources Council;

18  Harbour Branch Oceanographic Institute; Technological Research

19  and Development Authority; Florida Marine Research Institute

20  of the Fish and Wildlife Conservation Commission; Indian River

21  Region Research Institute; Mote Marine Laboratory; Marine

22  Resources Development Foundation; Florida Institute of

23  Oceanography; and Rosentiel School of Marine and Atmospheric

24  Science; and Smithsonian Marine Station at Ft. Pierce.

25         Section 19.  Section 370.062, Florida Statutes, is

26  renumbered as section 372.5704, Florida Statutes, and

27  subsections (1) and (9) of said section are amended to read:

28         372.5704 370.062  Fish and Wildlife Conservation

29  Commission license program for tarpon; fees; penalties.--

30         (1)  The Fish and Wildlife Conservation commission

31  shall establish a license program for the purpose of issuing

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  1  tags to individuals desiring to harvest tarpon (megalops

  2  atlantica) from the waters of the state of Florida. The tags

  3  shall be nontransferable, except that the commission may allow

  4  for a limited number of tags to be purchased by professional

  5  fishing guides for transfer to individuals, and issued by the

  6  commission in order of receipt of a properly completed

  7  application for a nonrefundable fee of $50 per tag.  The

  8  commission and any tax collector may sell the tags and collect

  9  the fees therefor.  Tarpon tags are valid from July 1 through

10  June 30.  Before August 15 5 of each year, each tax collector

11  shall submit to the commission all unissued tags for the

12  previous fiscal calendar year along with a written audit

13  report, on forms prescribed or approved by the commission, as

14  to the numbers of the unissued tags.  To defray the cost of

15  issuing any tag, the issuing tax collector shall collect and

16  retain as his or her costs, in addition to the tag fee

17  collected, the amount allowed under s. 372.561(6)(4) for the

18  issuance of licenses.

19         (9)  All tag fees collected by the commission shall be

20  transferred to the Marine Resources Conservation Trust Fund

21  within 7 days following the last business day of the week in

22  which the fees were received by the commission.

23         Section 20.  Section 372.571, Florida Statutes, is

24  amended to read:

25         372.571  Expiration of licenses and permits.--Each

26  license or permit issued under this chapter must be dated when

27  issued. Each license or permit issued under this chapter

28  remains valid for 12 months after the date of issuance, except

29  for a lifetime license issued pursuant to s. 372.57 which is

30  valid from the date of issuance until the death of the

31  individual to whom the license is issued unless otherwise

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  1  revoked in accordance with s. 372.99, or a 5-year license

  2  issued pursuant to s. 372.57 which is valid for 5 consecutive

  3  years from the date of purchase unless otherwise revoked in

  4  accordance with s. 372.99, or a license issued pursuant to s.

  5  372.57(5)(a), (b), (c), (d), or (g) or (8)(i) or (j)2. (2)(b)

  6  or (g), which is valid for the period specified on the

  7  license.  A resident lifetime license or a resident 5-year

  8  license that has been purchased by a resident of this state

  9  and who subsequently resides in another state shall be honored

10  for activities authorized by that license.

11         Section 21.  Subsection (1) of section 372.5712,

12  Florida Statutes, is amended to read:

13         372.5712  Florida waterfowl permit revenues.--

14         (1)  The commission shall expend the revenues generated

15  from the sale of the Florida waterfowl permit as provided in

16  s. 372.57(8)(4)(a) or that pro rata portion of any license

17  that includes waterfowl hunting privileges, as provided in s.

18  372.57(4)(h) and (i) and (9)(a)3. (2)(k) and (14)(b) as

19  follows:  A maximum of 5 percent of the gross revenues shall

20  be expended for administrative costs; a maximum of 25 percent

21  of the gross revenues shall be expended for waterfowl research

22  approved by the commission; and a maximum of 70 percent of the

23  gross revenues shall be expended for projects approved by the

24  commission, in consultation with the Waterfowl Advisory

25  Council, for the purpose of protecting and propagating

26  migratory waterfowl and for the development, restoration,

27  maintenance, and preservation of wetlands within the state.

28         Section 22.  Subsection (1) of section 372.5715,

29  Florida Statutes, is amended to read:

30         372.5715  Florida wild turkey permit revenues.--

31

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  1         (1)  The commission shall expend the revenues generated

  2  from the sale of the turkey permit as provided for in s.

  3  372.57(8)(b) and (c) (4)(e) or that pro rata portion of any

  4  license that includes turkey hunting privileges as provided

  5  for in s. 372.57(4)(h) and (i) (2)(k) and (14)(b) for research

  6  and management of wild turkeys.

  7         Section 23.  Section 372.5716, Florida Statutes, is

  8  created to read:

  9         372.5716  Use of Florida bass permit revenues;

10  report.--The intent of this section is to protect Florida bass

11  through expanded research and management and to improve the

12  populations of Florida bass in the state.  Revenues generated

13  from the sale of the annual Florida bass permit authorized in

14  s. 372.57(8)(h), or that pro rata portion of any license that

15  includes Florida bass fishing privileges as provided for in s.

16  372.57(4)(h)and (i) and (9)(a)3., shall be deposited into the

17  State Game Trust Fund and used exclusively for construction,

18  maintenance, and operation of the Florida Bass Center at the

19  Richloam Hatchery in Sumter County, including programs to

20  benefit research and management of Florida bass, with special

21  emphasis on the subspecies of largemouth bass unique to

22  Florida.  The commission shall prepare an annual report

23  documenting the expenditure of revenues generated by the sale

24  of Florida bass permits, to be submitted to the appropriate

25  fiscal and substantive committees of the House of

26  Representatives and the Senate.

27         Section 24.  Subsection (7) of section 372.5717,

28  Florida Statutes, is amended to read:

29         372.5717  Hunter safety course; requirements;

30  penalty.--

31

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  1         (7)  The hunter safety requirements of this section do

  2  not apply to persons for whom licenses are not required under

  3  s. 372.562(2) 372.57(1).

  4         Section 25.  Section 372.573, Florida Statutes, is

  5  amended to read:

  6         372.573  Management area permit revenues.--The

  7  commission shall expend the revenue generated from the sale of

  8  the management area permit as provided for in s. 372.57(8)(j)

  9  (4)(b) or that pro rata portion of any license that includes

10  management area privileges as provided for in s. 372.57(4)(h)

11  and (i) (2)(i) and (14)(b) for the lease, management, and

12  protection of lands for public hunting, fishing, and other

13  outdoor recreation.

14         Section 26.  Paragraph (h) of subsection (1) and

15  paragraphs (e) and (i) of subsection (2) of section 372.574,

16  Florida Statutes, are amended to read:

17         372.574  Appointment of subagents for the sale of

18  hunting, fishing, and trapping licenses and permits.--

19         (1)  A county tax collector who elects to sell licenses

20  and permits may appoint any person as a subagent for the sale

21  of fishing, hunting, and trapping licenses and permits that

22  the tax collector is allowed to sell. The following are

23  requirements for subagents:

24         (h)  A subagent shall weekly submit payment for and

25  report the sale of licenses and permits to the tax collector

26  as prescribed by the tax collector but no less frequently than

27  monthly.

28         (2)  If a tax collector elects not to appoint

29  subagents, the commission may appoint subagents within that

30  county.  Subagents shall serve at the pleasure of the

31  commission.  The commission may establish, by rule, procedures

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  1  for selection of subagents.  The following are requirements

  2  for subagents so appointed:

  3         (e)  A subagent may charge and receive as his or her

  4  compensation 50 cents for each license or permit sold.  This

  5  charge is in addition to the sum required by law to be

  6  collected for the sale and issuance of each license or permit.

  7  In addition, no later than July 1, 1997, a subagent fee for

  8  the sale of licenses over the telephone by credit card shall

  9  be established by competitive bid procedures which are

10  overseen by the Fish and Wildlife Conservation Commission. A

11  fee for electronic license sales may be established by

12  competitive-bid procedures that are overseen by the Fish and

13  Wildlife Conservation Commission.

14         (i)  By July 15 of each year, each subagent shall

15  submit to the commission all unissued stamps for the previous

16  year along with a written audit report, on forms prescribed or

17  approved by the commission, on the numbers of the unissued

18  stamps.

19         Section 27.  Paragraph (a) of subsection (1) and

20  subsection (2) of section 372.65, Florida Statutes, are

21  amended to read:

22         372.65  Freshwater fish dealer's license.--

23         (1)  No person shall engage in the business of taking

24  for sale or selling any frogs or freshwater fish, including

25  live bait, of any species or size, or importing any exotic or

26  nonindigenous fish, until such person has obtained a license

27  and paid the fee therefor as set forth herein.  The license

28  issued shall be in the possession of the person to whom issued

29  while such person is engaging in the business of taking for

30  sale or selling freshwater fish or frogs, is not transferable,

31  shall bear on its face in indelible ink the name of the person

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  1  to whom it is issued, and shall be affixed to a license

  2  identification card issued by the commission.  Such license is

  3  not valid unless it bears the name of the person to whom it is

  4  issued and is so affixed. The failure of such person to

  5  exhibit such license to the commission or any of its wildlife

  6  officers when such person is found engaging in such business

  7  is a violation of law.  The license fees and activities

  8  permitted under particular licenses are as follows:

  9         (a)  The fee for a resident commercial fishing license,

10  which permits a resident to take freshwater fish or frogs by

11  any lawful method prescribed by the commission and to sell

12  such fish or frogs, shall be $25.  The license provided for in

13  this paragraph shall also allow noncommercial fishing as

14  provided by law and commission rules, and the license in s.

15  372.57(4)(2)(a) shall not be required.

16         (2)  The provisions of ss. 372.561 and 372.571, except

17  those provisions relating to issuance without fee to certain

18  classes of persons, shall apply to licenses issued under this

19  section.

20         Section 28.  Section 372.661, Florida Statutes, is

21  amended to read:

22         372.661  Private hunting preserve license fees,

23  license; exception.--

24         (1)  Any person who operates a private hunting preserve

25  commercially or otherwise shall be required to pay a license

26  fee of $50 $25 for each such preserve; provided, however, that

27  during the open season established for wild game of any

28  species a private individual may take artificially propagated

29  game of such species up to the bag limit prescribed for the

30  particular species without being required to pay the license

31  fee required by this section; provided further that if any

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  1  such individual shall charge a fee for taking such game she or

  2  he shall be required to pay the license fee required by this

  3  section and to comply with the rules and regulations of the

  4  Fish and Wildlife Conservation commission relative to the

  5  operation of private hunting preserves.

  6         (2)  A commercial hunting preserve license, which shall

  7  exempt patrons of licensed preserves from the license and

  8  permit licensure requirements of s. 372.57(4)(c), (d), (f),

  9  (h), and (i); (5)(g) and (h); (8)(a), (b), (c), (f), and (g);

10  (9)(a)2.; (11); and (12) (2)(e), (f), (g), and (i), (4)(a),

11  (c), (d), and (e), (7), (9), and (14)(b) while hunting on the

12  licensed preserve property, shall be $500. Such commercial

13  hunting preserve license shall be available only to those

14  private hunting preserves licensed pursuant to this section

15  which are operated exclusively for commercial purposes, which

16  are open to the public, and for which a uniform fee is charged

17  to patrons for hunting privileges.

18         Section 29.  Section 372.7015, Florida Statutes, as

19  amended by section 14 of chapter 2001-122, Laws of Florida, is

20  amended to read:

21         372.7015  Illegal killing, taking, possessing, or

22  selling wildlife or game; fines; disposition of fines.--In

23  addition to any other penalty provided by law, any person who

24  violates the criminal provisions of this chapter and rules

25  adopted pursuant to this chapter by illegally killing, taking,

26  possessing, or selling game or fur-bearing animals as defined

27  in s. 372.001(11) or (12) (3) or (4) in or out of season while

28  violating chapter 810 shall pay a fine of $250 for each such

29  violation, plus court costs and any restitution ordered by the

30  court. All fines collected under this section shall be

31  remitted by the clerk of the court to the Department of

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  1  Revenue to be deposited into the Fish and Wildlife

  2  Conservation Commission's State Game Trust Fund.

  3         Section 30.  Paragraph (a) of subsection (2) of section

  4  372.7016, Florida Statutes, is amended to read:

  5         372.7016  Voluntary Authorized Hunter Identification

  6  Program.--

  7         (2)  Any person hunting on private land enrolled in the

  8  Voluntary Authorized Hunter Identification Program shall have

  9  readily available on the land at all times when hunting on the

10  property written authorization from the owner or his or her

11  authorized representative to be on the land for the purpose of

12  hunting.  The written authorization shall be presented on

13  demand to any law enforcement officer, the owner, or the

14  authorized agent of the owner.

15         (a)  For purposes of this section, the term "hunting"

16  means to be engaged in or reasonably equipped to engage in the

17  pursuit or taking by any means of any animal described in s.

18  372.001(11) or (12) (3) or (4), and the term "written

19  authorization" means a card, letter, or other written

20  instrument which shall include, but need not be limited to,

21  the name of the person or entity owning the property, the name

22  and signature of the person granting the authorization, a

23  description by township, range, section, partial section, or

24  other geographical description of the land to which the

25  authorization applies, and a statement of the time period

26  during which the authorization is valid.

27         Section 31.  Subsection (1) of section 372.711, Florida

28  Statutes, is reenacted and subsection (8) is added to said

29  section, to read:

30         372.711  Noncriminal infractions.--

31

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  1         (1)  Any person cited for committing a noncriminal

  2  infraction specified in s. 372.83 shall be cited to appear

  3  before the county court.  The civil penalty for any

  4  noncriminal infraction involving the license and permit

  5  requirements of s. 372.57 is $50, in addition to the cost of

  6  the amount of the license or permit involved in the

  7  infraction, except as otherwise provided in this section.  The

  8  civil penalty for any other noncriminal infraction is $50,

  9  except as otherwise provided in this section.

10         (8)  A person charged with violating the requirement

11  for personal possession of a license or permit under s. 372.57

12  may not be convicted if, prior to or at the time of a court or

13  hearing appearance, the person produces the required license

14  or permit for verification by the hearing officer or court

15  clerk.  The license or permit must have been issued to the

16  person charged with committing the violation and must have

17  been valid at the time the violation occurred.  The clerk of

18  the court may assess a fee of $5 to cover the costs of a case

19  under this subsection.

20         Section 32.  Paragraph (h) of subsection (1) of section

21  372.83, Florida Statutes, is reenacted to read:

22         372.83  Noncriminal infractions; criminal penalties;

23  suspension and revocation of licenses and permits.--

24         (1)  A person is guilty of a noncriminal infraction,

25  punishable as provided in s. 372.711, if she or he violates

26  any of the following provisions:

27         (h)  Section 372.57, relating to hunting, fishing, and

28  trapping licenses.

29

30  A person who fails to pay the civil penalty specified in s.

31  372.711 within 30 days after being cited for a noncriminal

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  1  infraction or to appear before the court pursuant to that

  2  section is guilty of a misdemeanor of the second degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4         Section 33.  Section 372.87, Florida Statutes, is

  5  amended to read:

  6         372.87  License fee; renewal, revocation.--The Fish and

  7  Wildlife Conservation commission is hereby authorized and

  8  empowered to issue a license or permit for the keeping,

  9  possessing, or exhibiting of poisonous or venomous reptiles,

10  upon payment of an annual fee of $25 $5 and upon assurance

11  that all of the provisions of ss. 372.86-372.91 and such other

12  reasonable rules and regulations as said commission may

13  prescribe will be fully complied with in all respects.  Such

14  permit may be revoked by the Fish and Wildlife Conservation

15  commission upon violation of any of the provisions of ss.

16  372.86-372.91 or upon violation of any of the rules and

17  regulations prescribed by said commission relating to the

18  keeping, possessing, and exhibiting of any poisonous and

19  venomous reptiles. Such permits or licenses shall be for an

20  annual period to be prescribed by the said commission and

21  shall be renewable from year to year upon the payment of said

22  $25 $5 fee and shall be subject to the same conditions,

23  limitations, and restrictions as herein set forth.

24         Section 34.  Subsections (1), (2), and (4) of section

25  372.921, Florida Statutes, are amended, subsection (9) is

26  renumbered as subsection (10), and a new subsection (9) is

27  added to said section, to read:

28         372.921  Exhibition of wildlife.--

29         (1)  In order to provide humane treatment and sanitary

30  surroundings for wild animals kept in captivity, no person,

31  firm, corporation, or association shall have, or be in

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  1  possession of, in captivity for the purpose of public display

  2  with or without charge or for public sale any wildlife,

  3  specifically birds, mammals, amphibians, and reptiles, whether

  4  indigenous to Florida or not, without having first secured a

  5  permit from the Fish and Wildlife Conservation commission

  6  authorizing such person, firm, or corporation to have in its

  7  possession in captivity the species and number of wildlife

  8  specified within such permit; however, this section does not

  9  apply to any wildlife not protected by law and the rules

10  regulations of the Fish and Wildlife Conservation commission.

11         (2)  The fees to be paid for the issuance of permits

12  for the exhibition of wildlife required by subsection (1)

13  shall be as follows:

14         (a)  For not more than 25 Class I or Class II 10

15  individual specimens in the aggregate of all species, the sum

16  of $100 $5 per annum.

17         (b)  For over 25 Class I or Class II 10 individual

18  specimens in the aggregate of all species, the sum of $250 $25

19  per annum.

20         (c)  For any number of Class III individual specimens

21  in the aggregate of all species, the sum of $25 per annum.

22

23  The fees prescribed by this subsection section shall be

24  submitted to the Fish and Wildlife Conservation commission

25  with the application for permit required by subsection (1) and

26  shall be deposited in the State Game Trust Fund.

27         (4)  Permits issued pursuant to this section and places

28  where wildlife is kept or held in captivity shall be subject

29  to inspection by officers of the Fish and Wildlife

30  Conservation commission at all times.  The commission shall

31  have the power to release or confiscate any specimens of any

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  1  wildlife, specifically birds, mammals, amphibians, or

  2  reptiles, whether indigenous to the state or not, when it is

  3  found that conditions under which they are being confined are

  4  unsanitary, or unsafe to the public in any manner, or that the

  5  species of wildlife are being maltreated, mistreated, or

  6  neglected or kept in any manner contrary to the provisions of

  7  chapter 828, any such permit to the contrary notwithstanding.

  8  Before any such wildlife is confiscated or released under the

  9  authority of this section, the owner thereof shall have been

10  advised in writing of the existence of such unsatisfactory

11  conditions; the owner shall have been given 30 days in which

12  to correct such conditions; the owner shall have failed to

13  correct such conditions; the owner shall have had an

14  opportunity for a proceeding pursuant to chapter 120; and the

15  commission shall have ordered such confiscation or release

16  after careful consideration of all evidence in the particular

17  case in question.  The final order of the commission shall

18  constitute final agency action.

19         (9)  The commission is authorized to adopt rules

20  pursuant to ss. 120.536(1) and 120.54 to implement the

21  provisions of this section.

22         (10)(9)  A violation of this section is punishable as

23  provided by s. 372.83.

24         Section 35.  Subsections (2), (3), and (5) of section

25  372.922, Florida Statutes, are amended to read:

26         372.922  Personal possession of wildlife.--

27         (2)  The classifications of types of wildlife and fees

28  to be paid for the issuance of permits for the personal

29  possession of wildlife shall be as follows:

30         (a)  Class I--Wildlife which, because of its nature,

31  habits, or status, shall not be possessed as a personal pet.

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  1         (b)  Class II--Wildlife considered to present a real or

  2  potential threat to human safety, the sum of $100 per annum.

  3         (c)  Class III--All other wildlife not included in

  4  Class I or Class II, for which a no-cost permit must be

  5  obtained from the commission.

  6         (3)  The commission shall promulgate rules regulations

  7  defining Class I, Class II, and Class III and II types of

  8  wildlife.  The commission shall also establish rules

  9  regulations and requirements necessary to ensure that permits

10  are granted only to persons qualified to possess and care

11  properly for wildlife and that permitted wildlife possessed as

12  personal pets will be maintained in sanitary surroundings and

13  appropriate neighborhoods.

14         (5)  Any person, firm, corporation, or association

15  exhibiting or selling wildlife and being duly permitted as

16  provided by s. 372.921 shall be exempt from the fee

17  requirement to receive obtain a permit under the provisions of

18  this section.

19         Section 36.  Subsection (3) of section 705.101, Florida

20  Statutes, is amended to read:

21         705.101  Definitions.--As used in this chapter:

22         (3)  "Abandoned property" means all tangible personal

23  property that does not have an identifiable owner and that has

24  been disposed on public property in a wrecked, inoperative, or

25  partially dismantled condition or has no apparent intrinsic

26  value to the rightful owner. However, Vessels determined to be

27  derelict by the Fish and Wildlife Conservation Commission or a

28  county or municipality in accordance with the provisions of s.

29  823.11 are not included within this definition.

30         Section 37.  Paragraph (g) of subsection (2) of section

31  810.09, Florida Statutes, is amended to read:

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    Florida House of Representatives - 2002                HB 1085

    747-118A-02






  1         810.09  Trespass on property other than structure or

  2  conveyance.--

  3         (2)

  4         (g)  Any person who in taking or attempting to take any

  5  animal described in s. 372.001(11) or (12)(3) or (4), or in

  6  killing, attempting to kill, or endangering any animal

  7  described in s. 585.01(13) knowingly propels or causes to be

  8  propelled any potentially lethal projectile over or across

  9  private land without authorization commits trespass, a felony

10  of the third degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084. For purposes of this paragraph, the

12  term "potentially lethal projectile" includes any projectile

13  launched from any firearm, bow, crossbow, or similar tensile

14  device.  This section shall not apply to any governmental

15  agent or employee acting within the scope of his or her

16  official duties.

17         Section 38.  Sections 370.0605, 370.0615, 370.1111,

18  subsections (10) and (11) of section 370.14, subsection (4) of

19  section 372.05, and section 372.06, Florida Statutes, are

20  repealed.

21         Section 39.  This act shall take effect July 1, 2002.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Revises various provisions relating to activities
26    regulated by the Fish and Wildlife Conservation
      Commission, including provisions relating to requirements
27    for boating safety identification cards, siting and
      development of artificial reefs, and exhibition or
28    personal possession of wildlife. Revises and reorganizes
      provisions relating to license, permit, and authorization
29    number requirements for recreational hunting, freshwater
      fishing, and saltwater fishing, the fees for such
30    activities, the use of such fees, and violation of such
      requirements. See bill for details.
31

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