Senate Bill sb0354c1

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    Florida Senate - 2002                            CS for SB 354

    By the Committee on Finance and Taxation; and Senator Pruitt





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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         327.395, F.S.; providing requirements for

  5         boating safety identification cards; amending

  6         s. 327.73, F.S.; providing for dismissal of

  7         violations of boating safety identification

  8         card possession requirements under certain

  9         conditions; amending s. 370.0603, F.S.;

10         providing for the deposit of fees into the

11         Marine Resources Conservation Trust Fund;

12         renumbering and amending ss. 370.0608,

13         370.0609, 370.062, F.S.; providing for the

14         deposit of licenses and fees into the Marine

15         Resources Conservation Trust Fund; revising

16         purposes for which licenses and fees may be

17         used; providing for the expenditure of funds

18         through grants and contracts to specified

19         research institutions; modifying date for tax

20         collector's return of unissued tags; deleting

21         provisions relating to transfer of tag fees to

22         the Marine Resources Conservation Trust Fund

23         within a specified period; amending s. 370.063,

24         F.S.; conforming a cross-reference; amending s.

25         370.25, F.S.; authorizing the commission to

26         accept title to certain vessels on behalf of

27         the state for use in the artificial reef

28         program; authorizing the commission to adopt

29         rules to develop criteria for implementing the

30         transfer of certain vessel titles to the state;

31         authorizing state universities to receive

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  1         grants and other financial and technical

  2         assistance from the commission for the siting

  3         and development of artificial reefs; amending

  4         s. 372.001, F.S.; revising and reorganization

  5         definitions; providing a definition of Florida

  6         bass; amending s. 372.105, F.S.; revising

  7         provisions relating to sources and uses of

  8         funds in the Lifetime Fish and Wildlife Trust

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

10         distribution of certain funds in the Dedicated

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

12         increasing the license fee for private game

13         preserves and farms; creating s. 372.555, F.S.;

14         authorizing the commission to sell licenses and

15         permits by electronic media; amending s.

16         372.561, F.S.; revising provisions relating to

17         issuance of recreational licenses, permits, and

18         authorization numbers to take wild animal life,

19         freshwater aquatic life, and marine life, and

20         administrative costs and reporting related

21         thereto; creating s. 372.562, F.S.; providing

22         exemptions from recreational license and permit

23         fees and requirements; amending s. 372.57,

24         F.S.; revising and reorganizing provisions

25         specifying fees and requirements for

26         recreational licenses, permits, and

27         authorization numbers, including hunting

28         licenses, saltwater and freshwater fishing

29         licenses, 5-year licenses, and lifetime

30         licenses; creating an annual gold sportsman's

31         license; increasing the fee for a nonresident

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  1         Florida turkey permit; providing for pier

  2         licenses and recreational vessel licenses, and

  3         fees therefor; providing for snook permits and

  4         crawfish permits, and uses thereof; creating s.

  5         372.5716, F.S.; providing for the use of

  6         revenues from Florida bass permits; amending

  7         ss. 372.571, 372.5712, 372.5715, 372.5717,

  8         372.573, 372.65, F.S.; correcting

  9         cross-references; deleting obsolete language;

10         amending s. 372.574, F.S.; revising subagent

11         duties and reporting requirements; amending s.

12         372.661, F.S.; increasing the license fee for a

13         private hunting preserve; amending s. 372.711,

14         F.S.; providing for dismissal of violations of

15         license or permit possession requirements,

16         under certain conditions; providing a fee;

17         reenacting s. 372.83(1)(h), F.S.; reenacting a

18         provision referencing penalties for violations

19         of hunting, fishing, and trapping license

20         requirements; amending s. 372.87, F.S.;

21         increasing fees for possessing or exhibiting

22         poisonous or venomous reptiles; amending s.

23         372.921, F.S.; including amphibians in

24         provisions relating to exhibition of wildlife;

25         increasing permit fees; providing rulemaking

26         authority; amending s. 372.922, F.S.; requiring

27         a permit for personal possession of wildlife by

28         an exhibitor or seller; providing a fee

29         exemption; amending s. 705.101, F.S.; including

30         derelict vessels within the definition of

31         "abandoned property"; amending ss. 212.06,

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  1         215.20, F.S.; correcting cross-references;

  2         repealing s. 370.0605, F.S., relating to

  3         saltwater fishing licenses and fees; repealing

  4         s. 370.0615, F.S., relating to lifetime

  5         saltwater fishing licenses; repealing s.

  6         370.1111, F.S., relating to snook fishing

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

  8         F.S., relating to recreational crawfish taking

  9         permits and issuance of a crawfish stamp;

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

11         duties of the executive director; repealing s.

12         372.06, F.S., relating to meetings of the

13         commission; providing an effective date.

14

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

16

17         Section 1.  Subsection (1) of section 327.395, Florida

18  Statutes, is amended to read:

19         327.395  Boating safety identification cards.--

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

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

22  21 years of age or younger may not operate a vessel powered by

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

24  his or her possession aboard the vessel photographic

25  identification and a boater safety identification card issued

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

27         (a)  Completed a commission-approved boater education

28  course that meets the minimum 8-hour instruction requirement

29  established by the National Association of State Boating Law

30  Administrators;

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  1         (b)  Passed a course equivalency examination approved

  2  by the commission; or

  3         (c)  Passed a temporary certificate examination

  4  developed or approved by the commission.

  5         Section 2.  Subsection (4) of section 327.73, Florida

  6  Statutes, is amended to read:

  7         327.73  Noncriminal infractions.--

  8         (4)  Any person charged with a noncriminal infraction

  9  under this section may:

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

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

12  or,

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

14  appearing at the designated time and location.

15

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

17  or she shall be deemed to have admitted the noncriminal

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

19  issue of commission of the infraction.  Such admission shall

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

21  who is cited for a violation of s. 327.395 can show a boating

22  safety identification card issued to him or her and valid at

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

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

25         Section 3.  Paragraph (c) of subsection (2) of section

26  370.0603, Florida Statutes, is amended to read:

27         370.0603  Marine Resources Conservation Trust Fund;

28  purposes.--

29         (2)  The Marine Resources Conservation Trust Fund shall

30  receive the proceeds from:

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  1         (c)  All fees collected pursuant to ss. 370.062,

  2  370.063, and 370.142, and 372.5704.

  3         (d)  All fines and penalties pursuant to s. 370.021.

  4         (e)  Other revenues as provided by law.

  5         Section 4.  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)(a)  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 more than 5 percent of the total fees

16  collected shall be used to carry out the responsibilities of

17  the Fish and Wildlife Conservation Commission and to provide

18  for the award of funds to marine research institutions in this

19  state for the purposes of enabling such institutions to

20  conduct worthy marine research projects.

21         (b)  Not less than 2.5 percent of the total fees

22  collected shall be used for aquatic education purposes.

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

24  department for the following program functions:

25         1.a.  Not more than 7.5 5 percent of the total fees

26  collected, for administration of the licensing program and for

27  information and education.

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

29  collected, for law enforcement.

30         3.c.  Not less than 32.5 27.5 percent of the total fees

31  collected, for marine research and management.

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  1         4.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         (b)2.  The Legislature shall annually appropriate to

  6  the commission from the General Revenue Fund for the

  7  activities and programs specified in paragraph (a)

  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         (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 5.  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)(a)3. may

14  370.0608(1)(c)1.c. shall be expended by the Fish and Wildlife

15  Conservation Commission within Florida through grants and

16  contracts for research with research institutions including

17  but not limited to:  Florida Sea Grant; Florida Marine

18  Resources Council; Harbour Branch Oceanographic Institute;

19  Technological Research and Development Authority; Florida

20  Marine Research Institute of the Fish and Wildlife

21  Conservation Commission; Indian River Region Research

22  Institute; Mote Marine Laboratory; Marine Resources

23  Development Foundation; Florida Institute of Oceanography; and

24  Rosentiel School of Marine and Atmospheric Science; and

25  Smithsonian Marine Station at Ft. Pierce.

26         Section 6.  Section 370.062, Florida Statutes, is

27  renumbered as section 372.5704, Florida Statutes, and

28  subsections (1) and (9) of that section are amended to read:

29         372.5704 370.062  Fish and Wildlife Conservation

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

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  1         (1)  The Fish and Wildlife Conservation commission

  2  shall establish a license program for the purpose of issuing

  3  tags to individuals desiring to harvest tarpon (megalops

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

  5  shall be nontransferable, except that the commission may allow

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

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

  8  commission in order of receipt of a properly completed

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

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

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

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

13  shall submit to the commission all unissued tags for the

14  previous fiscal calendar year along with a written audit

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

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

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

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

19  collected, the amount allowed under s. 372.561(6) s.

20  372.561(4) for the issuance of licenses.

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

22  transferred to the Marine Resources Conservation Trust Fund

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

24  which the fees were received by the commission.

25         Section 7.  Subsection (3) of section 370.063, Florida

26  Statutes, is amended to read:

27         370.063  Special recreational crawfish license.--There

28  is created a special recreational crawfish license, to be

29  issued to qualified persons as provided by this section for

30  the recreational harvest of crawfish (spiny lobster) beginning

31  August 5, 1994.

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  1         (3)  The holder of a special recreational crawfish

  2  license must also possess the recreational crawfish permit

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

  4  required by s. 370.0605.

  5         Section 8.  Subsections (1) and (3) of section 370.25,

  6  Florida Statutes, are amended to read:

  7         370.25  Artificial reef program; grants and financial

  8  and technical assistance to local governments.--

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

10  Fish and Wildlife Conservation Commission to enhance saltwater

11  opportunities and to promote proper management of fisheries

12  resources associated with artificial reefs for the public

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

14  and financial and technical assistance to coastal local

15  governments, state universities, and nonprofit corporations

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

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

18  monitoring and evaluating their recreational, economic, and

19  biological effectiveness. The commission may accept title, on

20  behalf of the State of Florida, to vessels for use in the

21  artificial reef program as offshore artificial reefs. The

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

23  contributions.

24         (3)  The commission may adopt by rule criteria

25  consistent with this section for siting, constructing,

26  managing, and evaluating the effectiveness of artificial reefs

27  placed in state or adjacent federal waters and criteria

28  administering the transfer of vessel titles to the state for

29  use as offshore artificial reefs, consistent with this

30  section.

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  1         Section 9.  Section 372.001, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section.  See

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

  5         372.001  Definitions.--In construing these statutes,

  6  when applied to saltwater and freshwater fish, shellfish,

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

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

  9         (1)  "Authorization" means a number issued by the Fish

10  and Wildlife Conservation Commission, or its authorized agent,

11  which serves in lieu of a license or permit and affords the

12  privilege purchased for a specified period of time.

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

14  which the laws of Florida forbid the taking of particular

15  species of game or varieties of fish.

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

17  Conservation Commission.

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

19  corporation that undertakes for hire, as a regular business,

20  the transportation of persons or commodities from place to

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

22  it and pay its charges.

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

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

25  animals.

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

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

28  designated to improve fishing for public use and established

29  and specifically circumscribed for authorized management by

30  the Fish and Wildlife Conservation Commission and the board of

31  county commissioners of the county in which such waters lie

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  1  under agreement between the commission and an owner with

  2  approval by the board of county commissioners or under

  3  agreement with the board of county commissioners for use of

  4  public waters in the county in which such waters lie.

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

  6  occur naturally and that has been constructed and is

  7  maintained primarily for the purpose of fishing.

  8         (8)  "Florida Bass" includes any bass in the genus

  9  Micropterus.

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

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

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

13  waters commingle to such an extent as to become unpalatable

14  and unfit for human consumption, because of the saline

15  content, or to such point or points as may be fixed by the

16  Fish and Wildlife Conservation Commission, by and with the

17  consent of the board of county commissioners of the county or

18  counties to be affected by such order.  The Steinhatchee River

19  is considered fresh water from its source to mouth.

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

21  that are indigenous to fresh water.

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

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

24  opossum.

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

26  when designated by commission rules, wild hogs, ducks, geese,

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

28  grouse, pheasants, quail, and doves.

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

30  indigenous wild vertebrates and invertebrates in the state

31  that are not defined as game.

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

  2  which the laws of Florida for the preservation of fish and

  3  game permit the taking of particular species of game or

  4  varieties of fish.

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

  6  aside by a private individual or concern on which artificially

  7  propagated game or birds are taken.

  8         (16)  "Resident" means:

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

10  state for 6 months; or

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

12  is stationed in this state.

13         (17)  "Take" means to take, attempt to take, pursue,

14  hunt, molest, capture, or kill any wildlife or freshwater

15  fish, their nests or eggs, by any means, whether or not such

16  actions result in obtaining possession of such wildlife or

17  freshwater fish or their nests or eggs.

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

19  carrying, importing, exporting, receiving or delivering for

20  shipment, transportation, carriage, or export.

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

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

23  amended to read:

24         372.105  Lifetime Fish and Wildlife Trust Fund.--

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

26  the following:

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

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

29  saltwater portion of the lifetime sportsman's license.

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

31  derived from a contractual relationship between the state and

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  1  the members of the public whose investments contribute to the

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

  3  limitations and restrictions are placed on expenditures from

  4  the funds:

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

  6  the principal of the fund.

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

  8  investments of proceeds from the sale of lifetime freshwater

  9  fishing licenses and lifetime hunting licenses the fund shall

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

11  regulatory and executive powers of the state with respect to

12  the management, protection, and conservation of wild animal

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

14  of the State Constitution and this chapter and as otherwise

15  authorized by the Legislature.

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

17  investments of proceeds from the sale of lifetime saltwater

18  fishing licenses shall be expended for marine law enforcement,

19  marine research, and marine fishery enhancement.

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

21  interest income derived from the sale of lifetime licenses

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

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

24  Wildlife Conservation Commission as administrator of the fund

25  shall determine actuarially on an annual basis the amounts of

26  interest income within the fund which may be disbursed

27  pursuant to this paragraph.  The director shall cause deposits

28  of proceeds from the sale of lifetime licenses to be

29  identifiable by the ages of the license recipients.

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

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

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  1  gifts, grants, and voluntary contributions shall be respected

  2  but shall not be binding.

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

  4  s. 215.20.

  5         Section 11.  Section 372.106, Florida Statutes, is

  6  amended to read:

  7         372.106  Dedicated License Trust Fund.--

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

  9  Conservation Commission the Dedicated License Trust Fund. The

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

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

12  replacement 5-year licenses.

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

14  of 5-year freshwater fishing and hunting licenses and

15  replacement licenses, and all interest derived therefrom,

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

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

18  5-year saltwater fishing licenses and replacement licenses,

19  and all interest derived therefrom, shall be appropriated

20  annually to the Marine Resources Conservation Trust Fund.

21         (3)(2)  The fund shall be exempt from the provisions of

22  s. 215.20.

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

24  Florida Statutes, are amended to read:

25         372.16  Private game preserves and farms; penalty.--

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

27  having secured a license therefor from the Fish and Wildlife

28  Conservation Commission, establish, maintain, and operate

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

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

31  preservation, propagation, rearing, and production of game

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  1  birds and animals for private and commercial purposes,

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

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

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

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

  6         (4)  Any person violating the provisions of this

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

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

  9  775.082 or s. 775.083, and for a second or subsequent offense

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

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

12  person convicted of violating the provisions of this section

13  shall forfeit, to the Fish and Wildlife Conservation

14  commission, any license or permit issued under this section

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

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

17  conviction. Before any private game preserve or farm is

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

19  the Fish and Wildlife Conservation Commission, the fee for

20  which shall be $5 per year.

21         Section 13.  Section 372.555, Florida Statutes, is

22  created to read:

23         372.555  Vendor fees; competitive bid

24  authorization.--Using competitive bid procedures, the Fish and

25  Wildlife Conservation Commission may establish the following:

26         (1)  A process and vendor fee for the sale of licenses

27  and permits over the telephone.

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

29  of licenses and permits.

30         (3)  A process and vendor fee to establish a statewide

31  automated license system.

                                  16

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  1         Section 14.  Section 372.561, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

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

  5         372.561  Recreational licenses, permits, and

  6  authorization numbers to take wild animal life, freshwater

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

  8         (1)  This section applies to all recreational licenses

  9  and permits and to any authorization numbers issued by the

10  commission for the use of recreational licenses or permits.

11         (2)  The commission shall establish forms for the

12  issuance of recreational licenses and permits.

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

14  authorization number to take wild animal life, freshwater

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

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

17  authorization number.  Each applicant for a recreational

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

19  his social security number on the application form.

20  Disclosure of social security numbers obtained through this

21  requirement shall be limited to the purposes of administration

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

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

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

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

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

27  subagent authorized under s. 372.574.

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

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

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

31

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  1         (6)(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.

14         (c)  Tax collectors shall maintain records of all

15  licenses and permits 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         (7)  The commission is authorized to adopt rules

28  pursuant to ss. 120.536(1) and 120.54 necessary to administer

29  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:

  7         1.  By the Railroad Retirement Board, by the United

  8  States Department of Veterans Affairs or its predecessor, or

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

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

11  295.17, upon proof of same.

12         2.  For purposes of workers' compensation under chapter

13  440 as verified by an order of a judge of compensation claims

14  or written confirmation by the carrier providing workers'

15  compensation benefits.

16

17  Any license issued under this paragraph after January 1, 1997,

18  expires after 5 years and must be reissued, upon request,

19  every 5 years thereafter.

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

21  Security Administration, upon proof of same.  Any license

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

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

24  certification of disability, every 2 years thereafter.

25

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

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

28  license has expired.

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

30  fishing license or permit is not required for:

31

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

  2  otherwise provided in this chapter.

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

  4  homestead property, or on the homestead property of the

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

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

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

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

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

10         (d)  Any resident fishing for recreational purposes

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

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

13  line retrieval mechanism, except on a legally established fish

14  management area.

15         (e)  Any person fishing in a fishpond of 20 acres or

16  less that is located entirely within the private property of

17  the fishpond owner.

18         (f)  Any person fishing in a fishpond that is licensed

19  in accordance with s. 372.5705.

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

21  client for developmental disabilities services by the

22  Department of Children and Family Services, provided the

23  department furnishes proof thereof.

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

25  from a structure fixed to the land.

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

27  to s. 372.57(7).

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

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

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

31  license issued under s. 370.06(2).

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  1         (l)  Any person recreationally fishing from a pier

  2  licensed under s. 372.57.

  3         (m)  Any resident who is fishing for mullet in fresh

  4  water and who has a valid Florida freshwater fishing license.

  5         (n)  Any resident fishing for a saltwater species in

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

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

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

  9  license under this paragraph may be obtained from any tax

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

11  in the possession of the resident during hunting, freshwater

12  fishing, and saltwater fishing activities.

13         Section 16.  Section 372.57, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

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

17         372.57  Recreational licenses, permits, and

18  authorization numbers; fees established.--

19         (1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER

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

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

22  without having first obtained a license, permit, or

23  authorization number and paying the fees set forth in this

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

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

26  fur-bearing animals, and participate in outdoor recreational

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

28  of the commission.

29         (2)  NONTRANSFERABILITY; INFORMATION AND

30  DOCUMENTATION.--

31

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  1         (a)  Licenses, permits, and authorization numbers

  2  issued under this chapter are not transferable.  Each license

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

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

  5  deemed necessary by the commission.  Licenses issued to the

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

  7  indirectly collects fees for taking or attempting to take or

  8  possess saltwater fish for noncommercial purposes must include

  9  the vessel registration number or federal documentation

10  number.

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

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

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

14  information considered necessary by the commission. A

15  certified copy of the applicant's birth certificate shall

16  accompany each application for a lifetime license for a

17  resident 12 years of age or younger.

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

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

20  an authorization number issued under this chapter, or when

21  otherwise required by a license or permit.

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

23  permit, or authorization number must be in the personal

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

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

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

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

28  the request of a commission law enforcement officer commits a

29  violation of the law.

30

31

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

  2  licenses and fees for residents participating in hunting and

  3  fishing activities in this state are as follows:

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

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

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

  7         (d)  Annual combination freshwater fishing and hunting

  8  license, $22.

  9         (e)  Annual combination freshwater fishing and

10  saltwater fishing license, $24.

11         (f)  Annual combination hunting, freshwater fishing,

12  and saltwater fishing license, $34.

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

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

15  license who is taking fur-bearing animals for noncommercial

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

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

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

19  this license.

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

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

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

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

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

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

26  Other authorized activities include activities authorized by a

27  bass permit, a management area permit, a muzzle-loading gun

28  permit, a turkey permit, a Florida waterfowl permit, and an

29  archery permit.

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

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

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

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

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

  4  Other authorized activities include activities authorized by a

  5  bass permit, a management area permit, a muzzle-loading gun

  6  permit, a turkey permit, a Florida waterfowl permit, an

  7  archery permit, a snook permit, and a crawfish permit.

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

  9  licenses and fees for nonresidents participating in hunting

10  and fishing activities in the state are as follows:

11         (a)  Freshwater fishing license to take freshwater fish

12  for 3 consecutive days, $10.

13         (b)  Freshwater fishing license to take freshwater fish

14  for 7 consecutive days, $20.

15         (c)  Saltwater fishing license to take saltwater fish

16  for 3 consecutive days, $10.

17         (d)  Saltwater fishing license to take saltwater fish

18  for 7 consecutive days, $20.

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

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

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

22  days, $25.

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

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

25  However, a resident or nonresident with a valid Florida

26  hunting license who is taking fur-bearing animals for

27  noncommercial purposes using guns or dogs only, and not traps

28  or other devices, is not required to purchase this license.

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

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

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

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

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

  3  times.

  4         (7)  VESSEL LICENSES.--

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

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

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

  8  for recreational purposes unless he or she has obtained a

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

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

11  vessel.

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

13  licensed to carry more than 10 customers wherein a fee is

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

15  or attempting to take marine fish is $800 per year. The

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

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

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

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

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

21  purpose of taking or attempting to take marine fish is $400

22  per year.

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

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

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

26  attempting to take marine fish is $200 per year. The license

27  must be kept aboard the vessel at all times.

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

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

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

31  transferable and apply to any vessel operated by the

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  1  purchaser, provided that the purchaser has paid the

  2  appropriate license fee.

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

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

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

  6  saltwater fish for recreational purposes is $2,000 per year.

  7  The license may be purchased at the option of the vessel owner

  8  and must be kept aboard the vessel at all times.  A log of

  9  species taken and the date the species were taken shall be

10  maintained and a copy of the log filed with the commission at

11  the time of renewal of the license.

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

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

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

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

16         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

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

18  this chapter, the following permits and fees for specified

19  hunting, fishing, and recreational uses and activities are

20  required:

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

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

23  its coastal waters is $3.

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

25  take wild turkeys within the state is $5.

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

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

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

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

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

31

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  1  permits shall be used exclusively for programs to benefit the

  2  snook population.

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

  4  nonresident to take or possess any crawfish for recreational

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

  6  generated from the sale of crawfish permits shall be used

  7  exclusively for programs to benefit the crawfish population.

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

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

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

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

12  authorized by the commission.

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

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

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

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

17  the commission.

18         (h)  An annual bass permit for a resident or

19  nonresident to take or possess all species of Florida bass

20  from any waters of the state is $5.

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

22  to participate in limited entry hunting or fishing activities

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

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

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

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

27  commission may charge each special use permit applicant a

28  nonrefundable application fee not to exceed $10.

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

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

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

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

  2  commission, shall not exceed $25 per year.

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

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

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

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

  7  management area permit authorized in subparagraph 1.

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

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

10  the commission, unless the commission has obtained the written

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

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

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

14  purposes land leased by the commission from private

15  nongovernmental owners, except for those lands located

16  directly north of the Apalachicola National Forest, east of

17  the Ochlockonee River until the point the river meets the dam

18  forming Lake Talquin, and south of the closest federal

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

20  based upon the economic compensation desired by the landowner,

21  game population levels, desired hunter density, and

22  administrative costs.  The permit fee shall be set by

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

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

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

26  agreement for each area.

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

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

29  from the recreational user permit requirements.  The spouse

30  and dependent children of a permittee are exempt from the

31  recreational user permit requirements when engaged in outdoor

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  1  recreational activities other than hunting and when

  2  accompanied by a permittee.  Notwithstanding any other

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

  4  exemptions from the recreational user permit fee are

  5  authorized.

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

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

  8  only, as follows:

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

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

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

12  take or possess freshwater fish or saltwater fish consistent

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

14  the commission in effect at the time of taking.

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

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

17  possess game consistent with the state and federal laws and

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

19  of taking.

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

21  fishing, and recreational activity permits authorized in

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

23  5-year fishing and hunting licenses. The fee for each permit

24  issued under this paragraph is five times the annual cost

25  established in subsection (8).

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

27  permits shall be deposited into the Dedicated License Trust

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

29  s. 372.106.

30         (10)  RESIDENT LIFETIME FRESHWATER AND SALTWATER

31  FISHING LICENSES.--

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  1         (a)  Lifetime freshwater fishing licenses and saltwater

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

  3  for:

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

  5  $125 for each type of license.

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

  7  of age, for a fee of $225 for each type of license.

  8         3.  Persons 13 years of age or older, for a fee of $300

  9  for each type of license.

10         (b)  The following activities are authorized by the

11  purchase of a lifetime freshwater fishing license:

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

13  freshwater fish consistent with the state and federal laws and

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

15  of the taking.

16         2.  All activities authorized by a management area

17  permit, excluding hunting.

18         3.  All activities authorized by a bass permit.

19         (c)  The following activities are authorized by the

20  purchase of a lifetime saltwater fishing license:

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

22  fish consistent with the state and federal laws and

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

24  of the taking.

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

26  crawfish permit.

27         3.  All activities for which an additional license,

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

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

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

31  lifetime saltwater fishing license.

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  1         (11)  RESIDENT LIFETIME HUNTING LICENSES.--

  2         (a)  Lifetime hunting licenses are available to

  3  residents only, as follows, for:

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

  5  $200.

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

  7  of age, for a fee of $350.

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

  9  $500.

10         (b)  The following activities are authorized by the

11  purchase of a lifetime hunting license:

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

13  consistent with the state and federal laws and regulations and

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

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

16  permit, a turkey permit, an archery permit, a Florida

17  waterfowl permit, and a management area permit, excluding

18  fishing.

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

20         (a)  Lifetime sportsman's licenses are available, to

21  residents only, as follows, for:

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

23  $400.

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

25  of age, for a fee of $700.

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

27  $1,000.

28         (b)  The following activities are authorized by the

29  purchase of a lifetime sportsman's license:

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

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

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  1  state and federal laws and regulations and rules of the

  2  commission in effect at the time of taking.

  3         2.  All activities authorized by a management area

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

  5  archery permit, a Florida waterfowl permit, a bass permit, a

  6  snook permit, and a crawfish permit.

  7

  8  The proceeds from the sale of all lifetime licenses authorized

  9  in this section shall be deposited into the Lifetime Fish and

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

11  372.105.

12         (13)  RECIPROCAL FEE AGREEMENTS.--The commission is

13  authorized to reduce the fees for licenses and permits under

14  this section for residents of those states with which the

15  commission has entered into reciprocal agreements with respect

16  to such fees.

17         (14)  FREE FISHING DAYS.--The commission may designate

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

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

20  consecutive or nonconsecutive days in each year as free

21  saltwater fishing days.  Notwithstanding any other provision

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

23  recreational purposes on a free freshwater fishing day and may

24  take saltwater fish for recreational purposes on a free

25  saltwater fishing day without obtaining or possessing a

26  license or permit as prescribed in this section.  A person who

27  takes freshwater or saltwater fish on a free fishing day must

28  comply with all laws, rules, and regulations governing the

29  holders of a fishing license or permit and all other

30  conditions and limitations regulating the taking of freshwater

31  or saltwater fish as are imposed by law or rule.

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  1         Section 17.  Section 372.571, Florida Statutes, is

  2  amended to read:

  3         372.571  Expiration of licenses and permits.--Each

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

  5  issued. Each license or permit issued under this chapter

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

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

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

  9  individual to whom the license is issued unless otherwise

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

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

12  years from the date of purchase unless otherwise revoked in

13  accordance with s. 372.99 or a license issued pursuant to s.

14  372.57(5)(a), (b), (c), (d), or (g) or (8)(i) or (k) (2)(b) or

15  (g), which is valid for the period specified on the license.

16  A resident lifetime license or a resident 5-year license that

17  has been purchased by a resident of this state and who

18  subsequently resides in another state shall be honored for

19  activities authorized by that license.

20         Section 18.  Subsection (1) of section 372.5712,

21  Florida Statutes, is amended to read:

22         372.5712  Florida waterfowl permit revenues.--

23         (1)  The commission shall expend the revenues generated

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

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

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

27  372.57(4)(h) and (i) and (9)(a)3. s. 372.57(2)(k) and (14)(b)

28  as follows:  A maximum of 5 percent of the gross revenues

29  shall be expended for administrative costs; a maximum of 25

30  percent of the gross revenues shall be expended for waterfowl

31  research approved by the commission; and a maximum of 70

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  1  percent of the gross revenues shall be expended for projects

  2  approved by the commission, in consultation with the Waterfowl

  3  Advisory Council, for the purpose of protecting and

  4  propagating migratory waterfowl and for the development,

  5  restoration, maintenance, and preservation of wetlands within

  6  the state.

  7         Section 19.  Subsection (1) of section 372.5715,

  8  Florida Statutes, is amended to read:

  9         372.5715  Florida wild turkey permit revenues.--

10         (1)  The commission shall expend the revenues generated

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

12  372.57(8)(b) and (c) s. 372.57(4)(e) or that pro rata portion

13  of any license that includes turkey hunting privileges as

14  provided for in s. 372.57(4)(h) and (i) and (9)(a)3. s.

15  372.57(2)(k) and (14)(b) for research and management of wild

16  turkeys.

17         Section 20.  Section 372.5716, Florida Statutes, is

18  created to read:

19         372.5716  Florida bass permit revenues.--The purpose of

20  this section is to protect Florida's unique subspecies of

21  largemouth bass through expanded research and management and

22  to improve Florida bass populations in the state.  Revenues

23  generated from the sale of the Florida bass permit authorized

24  in s. 372.57(8)(h), or the pro rata share of any license that

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

26  372.57(4)(h) and (i), and (9)(a)3., must be used exclusively

27  for the construction, maintenance, and operation of the

28  Florida Bass Center at the Richloam Hatchery in Sumter County,

29  including programs to benefit research and management of

30  Florida bass, with special emphasis on the subspecies of

31  largemouth bass unique to Florida.  The commission shall

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  1  prepare an annual report documenting the expenditure of

  2  revenue generated by the sale of Florida bass permits, which

  3  shall be submitted to the appropriate House and Senate fiscal

  4  and substantive legislative committees.

  5         Section 21.  Subsection (7) of section 372.5717,

  6  Florida Statutes, is amended to read:

  7         372.5717  Hunter safety course; requirements;

  8  penalty.--

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

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

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

12         Section 22.  Section 372.573, Florida Statutes, is

13  amended to read:

14         372.573  Management area permit revenues.--The

15  commission shall expend the revenue generated from the sale of

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

17  s. 372.57(4)(b) or that pro rata portion of any license that

18  includes management area privileges as provided for in s.

19  372.57(4)(h) and (i) and (9)(a)3. s. 372.57(2)(i) and (14)(b)

20  for the lease, management, and protection of lands for public

21  hunting, fishing, and other outdoor recreation.

22         Section 23.  Paragraph (h) of subsection (1) and

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

24  Florida Statutes, are amended to read:

25         372.574  Appointment of subagents for the sale of

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

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

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

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

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

31  requirements for subagents:

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  1         (h)  A subagent shall submit payment for and report the

  2  sale of licenses and permits each week to the tax collector as

  3  prescribed by the tax collector but no less frequently than

  4  monthly.

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

  6  subagents, the commission may appoint subagents within that

  7  county.  Subagents shall serve at the pleasure of the

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

  9  for selection of subagents.  The following are requirements

10  for subagents so appointed:

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

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

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

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

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

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

17  be established by competitive bid procedures which are

18  overseen by the Fish and Wildlife Conservation Commission. A

19  fee for electronic license sales may be established by

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

21  Wildlife Conservation Commission.

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

23  submit to the commission all unissued stamps for the previous

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

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

26  stamps.

27         Section 24.  Paragraph (a) of subsection (1) and

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

29  amended to read:

30         372.65  Freshwater fish dealer's license.--

31

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

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

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

  4  nonindigenous fish, until such person has obtained a license

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

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

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

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

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

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

11  identification card issued by the commission.  Such license is

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

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

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

15  officers when such person is found engaging in such business

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

17  permitted under particular licenses are as follows:

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

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

20  any lawful method prescribed by the commission and to sell

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

22  this paragraph shall also allow noncommercial fishing as

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

24  372.57(4)(2)(a) shall not be required.

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

26  those provisions relating to issuance without fee to certain

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

28  section.

29         Section 25.  Section 372.661, Florida Statutes, is

30  amended to read:

31

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  1         372.661  Private hunting preserve licenses; fees,

  2  license; exception.--

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

  4  commercially or otherwise shall be required to pay a license

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

  6  during the open season established for wild game of any

  7  species a private individual may take artificially propagated

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

  9  particular species without being required to pay the license

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

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

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

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

14  Fish and Wildlife Conservation commission relative to the

15  operation of private hunting preserves.

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

17  exempt patrons of licensed preserves from the license and

18  permit requirements of s. 372.57(4)(c), (d), (f), (h), and

19  (i); (5)(g) and (h); (8)(a), (b), (c), (f), and (g); (9)(a)2.;

20  (11); and (12) licensure requirements of s. 372.57(2)(e), (f),

21  (g), and (i), (4)(a), (c), (d), and (e), (7), (9), and (14)(b)

22  while hunting on the licensed preserve property, shall be

23  $500. Such commercial hunting preserve license shall be

24  available only to those private hunting preserves licensed

25  pursuant to this section which are operated exclusively for

26  commercial purposes, which are open to the public, and for

27  which a uniform fee is charged to patrons for hunting

28  privileges.

29         Section 26.  Subsection (8) is added to section

30  372.711, Florida Statutes, to read:

31         372.711  Noncriminal infractions.--

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  1         (8)  A person who is cited for a violation of the

  2  provisions of s. 372.57 which require the possession of a

  3  license or permit may not be convicted if, prior to or at the

  4  time of his or her court or hearing appearance, the person

  5  produces in court or to the clerk of the court in which the

  6  charge is pending the required license or permit that was

  7  issued to him or her and valid at the time of his or her

  8  citation.  The clerk of the court is authorized to dismiss

  9  each such case at any time before, or at the time of, the

10  defendant's appearance in court.  The clerk of the court may

11  assess a fee of $5 for dismissing the case under this

12  subsection.

13         Section 27.  Paragraph (h) of subsection (1) of section

14  372.83, Florida Statutes, is reenacted to read:

15         372.83  Noncriminal infractions; criminal penalties;

16  suspension and revocation of licenses and permits.--

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

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

19  any of the following provisions:

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

21  trapping licenses.

22

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

24  372.711 within 30 days after being cited for a noncriminal

25  infraction or to appear before the court pursuant to that

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

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

28         Section 28.  Section 372.87, Florida Statutes, is

29  amended to read:

30         372.87  License fee; renewal, revocation.--The Fish and

31  Wildlife Conservation commission is hereby authorized and

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

  2  possessing, or exhibiting of poisonous or venomous reptiles,

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

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

  5  reasonable rules and regulations as the said commission

  6  prescribes may prescribe will be fully complied with in all

  7  respects.  The Such permit may be revoked by the Fish and

  8  Wildlife Conservation commission upon violation of any of the

  9  provisions of ss. 372.86-372.91 or upon violation of any of

10  the rules and regulations prescribed by the said commission

11  relating to the keeping, possessing, and exhibiting of any

12  poisonous and venomous reptiles. Such permits or licenses

13  shall be for an annual period to be prescribed by the said

14  commission and shall be renewable from year to year upon the

15  payment of the $25 said $5 fee and shall be subject to the

16  same conditions, limitations, and restrictions as herein set

17  forth.

18         Section 29.  Subsections (1), (2), and (4) of section

19  372.921, Florida Statutes, are amended, subsection (9) is

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

21  added to that section, to read:

22         372.921  Exhibition of wildlife.--

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

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

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

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

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

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

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

30  permit from the Fish and Wildlife Conservation commission

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

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  1  possession in captivity the species and number of wildlife

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

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

  4  regulations of the Fish and Wildlife Conservation commission.

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

  6  required by subsection (1) shall be as follows:

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

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

  9  of $100 $5 per annum.

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

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

12  per annum.

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

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

15

16  The fees prescribed by this subsection section shall be

17  submitted to the Fish and Wildlife Conservation commission

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

19  shall be deposited in the State Game Fund.

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

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

22  to inspection by officers of the Fish and Wildlife

23  Conservation commission at all times.  The commission shall

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

25  wildlife, specifically birds, mammals, amphibians, or

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

27  found that conditions under which they are being confined are

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

29  species of wildlife are being maltreated, mistreated, or

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

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

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  1  Before any such wildlife is confiscated or released under the

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

  3  advised in writing of the existence of such unsatisfactory

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

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

  6  correct such conditions; the owner shall have had an

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

  8  commission shall have ordered such confiscation or release

  9  after careful consideration of all evidence in the particular

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

11  constitute final agency action.

12         (9)  The commission may adopt rules pursuant to ss.

13  120.536(1) and 120.54 to administer this section, including,

14  but not limited to, rules defining Class I, Class II, and

15  Class III types of wildlife.

16         Section 30.  Subsection (5) of section 372.922, Florida

17  Statutes, is amended to read:

18         372.922  Personal possession of wildlife.--

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

20  exhibiting or selling wildlife and being duly permitted as

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

22  requirement to receive obtain a permit under the provisions of

23  this section.

24         Section 31.  Subsection (3) of section 705.101, Florida

25  Statutes, is amended to read:

26         705.101  Definitions.--As used in this chapter:

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

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

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

30  partially dismantled condition or has no apparent intrinsic

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

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  1  derelict by the Fish and Wildlife Conservation Commission or a

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

  3  823.11 are not included within this definition.

  4         Section 32.  Paragraph (b) of subsection (8) of section

  5  212.06, Florida Statutes, is amended to read:

  6         212.06  Sales, storage, use tax; collectible from

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

  8  legislative intent as to scope of tax.--

  9         (8)

10         (b)  The presumption that tangible personal property

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

12  District of Columbia for 6 months or longer before being

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

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

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

16  370.0605(2)(b)1., 2., or 3., either directly or indirectly,

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

18  any marine fish for noncommercial purposes.  Use tax shall

19  apply and be due on such a boat as provided in this paragraph,

20  and proof of payment of such tax must be presented prior to

21  the first such licensure of the boat, registration of the boat

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

23  chapter 328. A boat that is first licensed within 1 year after

24  purchase shall be subject to use tax on the full amount of the

25  purchase price; a boat that is first licensed in the second

26  year after purchase shall be subject to use tax on 90 percent

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

28  third year after purchase shall be subject to use tax on 80

29  percent of the purchase price; a boat that is first licensed

30  in the fourth year after purchase shall be subject to use tax

31  on 70 percent of the purchase price; a boat that is first

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  1  licensed in the fifth year after purchase shall be subject to

  2  use tax on 60 percent of the purchase price; and a boat that

  3  is first licensed in the sixth year after purchase, or later,

  4  shall be subject to use tax on 50 percent of the purchase

  5  price.  If the purchaser fails to provide the purchase invoice

  6  on such boat, the fair market value of the boat at the time of

  7  importation into this state shall be used to compute the tax.

  8         Section 33.  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 s. 370.0608, with the exception of

18  those fees collected for recreational saltwater fishing

19  licenses as provided in s. 372.57 s. 370.0605.

20

21  The enumeration of the foregoing moneys or trust funds shall

22  not prohibit the applicability thereto of s. 215.24 should the

23  Governor determine that for the reasons mentioned in s. 215.24

24  the money or trust funds should be exempt herefrom, as it is

25  the purpose of this law to exempt income from its force and

26  effect when, by the operation of this law, federal matching

27  funds or contributions or private grants to any trust fund

28  would be lost to the state.

29         Section 34.  Sections 370.0605, 370.0615, and 370.1111,

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

31

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

  2  repealed.

  3         Section 35.  This act shall take effect July 1, 2002.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                              SB 354

  7

  8  1.    The Committee Substitute removed Section 3 of the bill,
          which clarified and restored that the county portion of
  9        vessel registration fees is derived from recreational
          vessels only, and Section 4 of the bill, which clarified
10        that $1.50 of both the commercial and recreational
          vessel registration fees are to be deposited into the
11        Save the Manatee Trust Fund.  These provisions were not
          needed because they were amended during Special Session
12        C with the passage of SB 32-C.

13  2.    The Committee Substitute clarifies that the Commission
          does not sell authorization numbers, they issue them.
14
    3.    The Committee Substitute clarifies that s. 372.561,
15        F.S., applies to all recreational licenses and permits
          and authorization numbers issued by the Commission, not
16        just those issued over the Internet.

17  4.    The Committee Substitute adds to the exemptions from
          paying fees for recreational licenses and permits,
18        residents who are certified or determined to be totally
          and permanently disabled for purposes of workers'
19        compensation. This was inadvertently left out of the
          bill.
20
    5.    Clarifies that the annual sportsman's license includes
21        activities authorized by the bass permit.

22  6.    The Committee Substitute clarifies that the 3-day
          nonresident hunting and fishing license is issued for 3
23        consecutive days.

24  7.    The bill creates a new 5-year waterfowl permit and a new
          5-year management area permit.  The Committee Substitute
25        clarifies that the revenue from the 5-year waterfowl
          permit must be used for waterfowl purposes only and the
26        revenue from the 5-year management area permit must be
          used for management area purposes only.
27

28

29

30

31

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