HB 1063 2003
1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 372.001, F.S.; providing and
4	revising definitions; amending s. 372.0222, F.S.;
5	authorizing the commission to purchase certain promotional
6	items; amending s. 372.16, F.S.; deleting an obsolete
7	reference relating to private game preserves and farms;
8	amending s. 372.57, F.S.; revising provisions specifying
9	fees and requirements for recreational licenses, permits,
10	and authorization numbers; clarifying language relating to
11	recreational vessel licenses; authorizing the
12	establishment of a recreational sport season crawfish
13	permit in Monroe County and providing for a fee to be
14	established by the county commission; amending s.
15	372.6673, F.S.; revising provisions relating to issuance
16	and expiration dates of alligator trapping licenses;
17	amending s. 372.921, F.S.; revising provisions relating to
18	license requirements for the sale and exhibition of
19	wildlife; amending s. 372.99, F.S.; requiring clerks of
20	the court to notify the commission within a specified time
21	period of the disposition of any citation issued under ch.
22	372, F.S.; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Present subsection (16) of section 372.001,
27	Florida Statutes, is renumbered as subsection (17) and amended,
28	present subsection (17) is renumbered as subsection (18), and a
29	new subsection (16) is added to said section, to read:
30	372.001 Definitions.--In construing these statutes, when
31	applied to saltwater and freshwater fish, shellfish, crustacea,
32	sponges, wild birds, and wild animals, where the context
33	permits, the word, phrase, or term:
34	(16) "Saltwater fish" means any saltwater species of
35	finfish of the classes Agnatha, Chondrichthyes, or Osteichthyes
36	and marine invertebrates that of the classes Gastropoda,
37	Bivalvia, or Crustacea, or of the phylum Echinodermata, but does
38	not include nonliving shells or echinoderms.
39	(17)(16)"Take" means taking, attempting to take,
40	pursuing, hunting, molesting, capturing, or killing any wildlife
41	or freshwater or saltwaterfish, or their nests or eggs, by any
42	means, whether or not such actions result in obtaining
43	possession of such wildlife or freshwater or saltwaterfish or
44	their nests or eggs.
45	Section 2. Paragraph (d) is added to subsection (6) of
46	section 372.0222, Florida Statutes, to read:
47	372.0222 Private publication agreements; advertising;
48	costs of production.--
49	(6) The commission shall provide services and information
50	designed to inform Floridians and visitors about Florida's
51	unique and diverse fish, game, and wildlife, and make it
52	available by means of commonly used media. For the
53	accomplishment of those purposes, the commission may make
54	expenditures to:
55	(d) Purchase and distribute promotional items to increase
56	public awareness regarding boating safety and other programs
57	that promote public safety or resource conservation.
58	Section 3. Subsection (4) of section 372.16, Florida
59	Statutes, is amended to read:
60	372.16 Private game preserves and farms; penalty.--
61	(4) Any person violating this section for the first
62	offense commits a misdemeanor of the second degree, punishable
63	as provided in s. 775.082 or s. 775.083, and for a second or
64	subsequent offense commits a misdemeanor of the first degree,
65	punishable as provided in s. 775.082 or s. 775.083. Any person
66	convicted of violating this section shall forfeit to the
67	commission any license or permitissued under this section; and
68	no further license or permitshall be issued to such person for
69	a period of 1 year following such conviction.
70	Section 4. Subsections (1) and (3), paragraph (c) of
71	subsection (7), and paragraph (d) of subsection (8) of section
72	372.57, Florida Statutes, are amended to read:
73	372.57 Recreational licenses, permits, and authorization
74	numbers; fees established.--
75	(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
76	REQUIRED.--Except as provided in s. 372.562, no person shall
77	hunt, fish, or take game, freshwater or saltwater fish, orfur-
78	bearing animals within this state without having first obtained
79	a license, permit, or authorization number and paid the fees set
80	forth in this chapter. Such license, permit, or authorization
81	number shall authorize the person to whom it is issued to hunt,
82	fish, take game, freshwater or saltwater fish, orfur-bearing
83	animals, and participate in outdoor recreational activities in
84	accordance with the laws of the state and rules of the
85	commission.
86	(3) PERSONAL POSSESSION REQUIRED.--Each license, permit,
87	or authorization number must be in the personal possession of
88	the person to whom it is issued while such person is hunting,
89	fishing, or taking, attempting to take, or possessing game,
90	freshwater or saltwater fish, or fur-bearing animals. Any person
91	hunting, fishing, or taking, attempting to take, or possessing
92	game, freshwater or saltwater fish, orfur-bearing animals who
93	fails to produce a license, permit, or authorization number at
94	the request of a commission law enforcement officer commits a
95	violation of the law.
96	(7) VESSEL LICENSES.---
97	(c)1. A license for any person who operates any vessel
98	licensed to carry no more than 10 customers, or for any person
99	licensed to operate any vessel carrying 6 or fewer customers,
100	wherein a fee is paid, either directly or indirectly, for the
101	purpose of taking or attempting to take saltwater fish, is $400
102	per year; provided that.
103	2.a license for any person licensed to operate any vessel
104	carrying 6 or fewer customers but who operates a vessel carrying
105	4 or fewer customers, wherein a fee is paid, either directly or
106	indirectly, for the purpose of taking or attempting to take
107	saltwater fish, is $200 per year. The license must be kept
108	aboard the vessel at all times.
109	2.3.A person who operates a vessel required to be
110	licensed pursuant to paragraph (b) or this paragraph may obtain
111	a license in her or his own name, and such license shall be
112	transferable and apply to any vessel operated by the purchaser,
113	provided that the purchaser has paid the appropriate license
114	fee.
115	(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
116	PERMITS.--In addition to any license required under this
117	chapter, the following permits and fees for specified hunting,
118	fishing, and recreational uses and activities are required:
119	(d)1.An annual crawfish permit for a resident or
120	nonresident to take or possess any crawfish for recreational
121	purposes from any waters of the state is $2. Revenue generated
122	from the sale of crawfish permits shall be used exclusively for
123	programs to benefit the crawfish population.
124	2. The commission is authorized to establish by rule a
125	Monroe County recreational sport season crawfish permit. The
126	commission shall set the fee for the permit at no more than $10.
127	The permit is in addition to the permit required by subparagraph
128	1. Notwithstanding any other provision of this chapter, there
129	are no exclusions, exceptions, or exemptions from this permit
130	fee for all persons taking or possessing crawfish during the
131	recreational sport season for the species in Monroe County as
132	established by the commission.
133	Section 5. Paragraph (a) of subsection (1) of section
134	372.6673, Florida Statutes, is amended to read:
135	372.6673 Taking and possession of alligators; trapping
136	licenses; fees.--
137	(1)(a) No person shall take or possess any alligator or
138	the eggs thereof without having first obtained from the
139	commission a trapping license and paid the fee provided in this
140	section. Such license shall be dated when issued and remain
141	valid for 12 months after the date of issuancefrom June 1 to
142	June 30 of the following yearand shall authorize the person to
143	whom it is issued to take or possess alligators and their eggs,
144	and to sell, possess, and process alligators and their hides and
145	meat, in accordance with law and commission rules. Such license
146	shall not be transferable and shall not be valid unless it bears
147	on its face in indelible ink the name of the person to whom it
148	is issued. Such license shall be in the personal possession of
149	the licensee while such person is taking alligators or their
150	eggs or is selling, possessing, or processing alligators or
151	their eggs, hides, or meat. The failure of the licensee to
152	exhibit such license to the commission or its wildlife officers,
153	when such person is found taking alligators or their eggs or is
154	found selling, possessing, or processing alligators or their
155	eggs, hides, or meat, shall be a violation of law.
156	Section 6. Subsections (1) and (2) of section 372.921,
157	Florida Statutes, are amended to read:
158	372.921 Exhibition of wildlife.--
159	(1) In order to provide humane treatment and sanitary
160	surroundings for wild animals kept in captivity, no person,
161	firm, corporation, or association shall have, or be in
162	possession of, in captivity for the purpose of public display
163	with or without charge or for public sale any wildlife,
164	specifically birds, mammals, amphibians, and reptiles, whether
165	indigenous to Florida or not, without having first secured a
166	permit from the commission authorizing such person, firm, or
167	corporation to have in its possession in captivity the species
168	and number of wildlife specified within such permit; however,
169	this section does not apply to any wildlife not protected by law
170	and the rules of the commission.
171	(2) The fees to be paid for the issuance of permits for
172	the exhibition of wildliferequired by subsection (1) shall be
173	as follows:
174	(a) For not more than 10 Class I, Class II, or Class III
175	individual specimens in the aggregate of all species, the sum of
176	$5 per annum.
177	(b) For over 10 Class I, Class II, or Class III individual
178	specimens in the aggregate of all species, the sum of $25 per
179	annum.
180
181	The fees prescribed by this subsection shall be submitted to the
182	commission with the application for permit required by
183	subsection (1) and shall be deposited in the State Game Trust
184	Fund.
185	Section 7. Section 372.99, Florida Statutes, is amended to
186	read:
187	372.99 Illegal taking and possession of deer and wild
188	turkey; evidence; penalty.--
189	(1) Whoever takes or kills any deer or wild turkey, or
190	possesses a freshly killed deer or wild turkey, during the
191	closed season prescribed by law or by the rules and regulations
192	of the Fish and Wildlife Conservation Commission, or whoever
193	takes or attempts to take any deer or wild turkey by the use of
194	gun and light in or out of closed season, is guilty of a
195	misdemeanor of the first degree, punishable as provided in s.
196	775.082 or s. 775.083, and shall forfeit any license or permit
197	issued to her or him under the provisions of this chapter. No
198	license shall be issued to such person for a period of 3 years
199	following any such violation on the first offense. Any person
200	guilty of a second or subsequent violation shall be permanently
201	ineligible for issuance of a license or permit thereafter.
202	(2) The display or use of a light in a place where deer
203	might be found and in a manner capable of disclosing the
204	presence of deer, together with the possession of firearms or
205	other weapons customarily used for the taking of deer, between 1
206	hour after sunset and 1 hour before sunrise, shall be prima
207	facie evidence of an intent to violate the provisions of
208	subsection (1). This subsection does not apply to an owner or
209	her or his employee when patrolling or inspecting the land of
210	the owner, provided the employee has satisfactory proof of
211	employment on her or his person.
212	(3) Whoever takes or kills any doe deer; fawn or baby
213	deer; or deer, whether male or female, which does not have one
214	or more antlers at least 5 inches in length, except as provided
215	by law or the rules of the Fish and Wildlife Conservation
216	Commission, during the open season prescribed by the rules of
217	the commission, is guilty of a misdemeanor of the first degree,
218	punishable as provided in s. 775.082 or s. 775.083, and may be
219	required to forfeit any license or permit issued to such person
220	for a period of 3 years following any such violation on the
221	first offense. Any person guilty of a second or subsequent
222	violation shall be permanently ineligible for issuance of a
223	license or permit thereafter.
224	(4) Any person who cultivates agricultural crops may apply
225	to the Fish and Wildlife Conservation Commission for a permit to
226	take or kill deer on land which that person is currently
227	cultivating. When said person can show, to the satisfaction of
228	the Fish and Wildlife Conservation Commission, that such taking
229	or killing of deer is justified because of damage to the
230	person's crops caused by deer, the Fish and Wildlife
231	Conservation Commission may issue a limited permit to the
232	applicant to take or kill deer without being in violation of
233	subsection (1) or subsection (3).
234	(5) Whoever possesses for sale or sells deer or wild
235	turkey taken in violation of this chapter or the rules and
236	regulations of the commission is guilty of a felony of the third
237	degree, punishable as provided in s. 775.082, s. 775.083, or s.
238	775.084.
239	(6) Any person who enters upon private property and shines
240	lights upon such property, without the express permission of the
241	owner of the property and with the intent to take deer by
242	utilizing such shining lights, shall be guilty of a misdemeanor
243	of the second degree, punishable as provided in s. 775.082 or s.
244	775.083.
245	(7) Upon final disposition of any alleged offense for
246	which a citation for any violation of this chapter or the rules
247	of the commission has been issued, the court shall, within 10
248	days after the final disposition of the action, certify the
249	disposition to the commission.
250	Section 8. This act shall take effect upon becoming a law.