HB 1063 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Fish and Wildlife Conservation
12	Commission; amending s. 372.001, F.S.; providing and
13	revising definitions; amending s. 372.0222, F.S.;
14	authorizing the commission to purchase certain promotional
15	items; amending s. 372.16, F.S.; increasing the cost of a
16	private game preserve or farm license; deleting an
17	obsolete reference relating to private game preserves and
18	farms; amending s. 372.57, F.S.; revising provisions
19	specifying fees and requirements for recreational
20	licenses, permits, and authorization numbers; increasing
21	the cost of a 10-day nonresident game hunting license;
22	clarifying language relating to recreational vessel
23	licenses; increasing the cost of turkey permits for
24	nonresidents; amending s. 372.661, F.S.; increasing the
25	cost of a hunting preserve license; amending s. 372.87,
26	F.S.; increasing the cost of a venomous reptile license;
27	amending s. 372.6673, F.S.; revising provisions relating
28	to issuance and expiration dates of alligator trapping
29	licenses; amending s. 372.921, F.S.; revising provisions
30	relating to license requirements for the sale and
31	exhibition of wildlife; increasing the cost of Class I and
32	Class II licenses; providing a fee for a Class III
33	license; amending s. 372.922, F.S.; increasing the cost of
34	a personal possession of wildlife license; amending s.
35	372.99, F.S.; requiring clerks of the court to notify the
36	commission within a specified time period of the
37	disposition of any citation issued under ch. 372, F.S.;
38	providing an effective date.
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40	Be It Enacted by the Legislature of the State of Florida:
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42	Section 1. Present subsection (16) of section 372.001,
43	Florida Statutes, is renumbered as subsection (17) and amended,
44	present subsection (17) is renumbered as subsection (18), and a
45	new subsection (16) is added to said section, to read:
46	372.001 Definitions.--In construing these statutes, when
47	applied to saltwater and freshwater fish, shellfish, crustacea,
48	sponges, wild birds, and wild animals, where the context
49	permits, the word, phrase, or term:
50	(16) "Saltwater fish" means any saltwater species of
51	finfish of the classes Agnatha, Chondrichthyes, or Osteichthyes
52	and marine invertebrates that of the classes Gastropoda,
53	Bivalvia, or Crustacea, or of the phylum Echinodermata, but does
54	not include nonliving shells or echinoderms.
55	(17)(16)"Take" means taking, attempting to take,
56	pursuing, hunting, molesting, capturing, or killing any wildlife
57	or freshwater or saltwaterfish, or their nests or eggs, by any
58	means, whether or not such actions result in obtaining
59	possession of such wildlife or freshwater or saltwaterfish or
60	their nests or eggs.
61	Section 2. Paragraph (d) is added to subsection (6) of
62	section 372.0222, Florida Statutes, to read:
63	372.0222 Private publication agreements; advertising;
64	costs of production.--
65	(6) The commission shall provide services and information
66	designed to inform Floridians and visitors about Florida's
67	unique and diverse fish, game, and wildlife, and make it
68	available by means of commonly used media. For the
69	accomplishment of those purposes, the commission may make
70	expenditures to:
71	(d) Purchase and distribute promotional items to increase
72	public awareness regarding boating safety and other programs
73	that promote public safety or resource conservation.
74	Section 3. Subsections (1) and (4) of section 372.16,
75	Florida Statutes, are amended to read:
76	372.16 Private game preserves and farms; penalty.--
77	(1) Any person owning land in this state may establish,
78	maintain, and operate within the boundaries thereof, a private
79	preserve and farm, not exceeding an area of 640 acres, for the
80	protection, preservation, propagation, rearing, and production
81	of game birds and animals for private and commercial purposes,
82	provided that no two game preserves shall join each other or be
83	connected. Before any private game preserve or farm is
84	established, the owner or operator shall secure a license from
85	the commission, the fee for which is $50$5per year.
86	(4) Any person violating this section for the first
87	offense commits a misdemeanor of the second degree, punishable
88	as provided in s. 775.082 or s. 775.083, and for a second or
89	subsequent offense commits a misdemeanor of the first degree,
90	punishable as provided in s. 775.082 or s. 775.083. Any person
91	convicted of violating this section shall forfeit to the
92	commission any license or permitissued under this section; and
93	no further license or permitshall be issued to such person for
94	a period of 1 year following such conviction.
95	Section 4. Subsections (1) and (3), paragraph (f) of
96	subsection (5), paragraph (c) of subsection (7), and paragraph
97	(b) of subsection (8) of section 372.57, Florida Statutes, are
98	amended to read:
99	372.57 Recreational licenses, permits, and authorization
100	numbers; fees established.--
101	(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
102	REQUIRED.--Except as provided in s. 372.562, no person shall
103	hunt, fish, or take game, freshwater or saltwater fish, orfur-
104	bearing animals within this state without having first obtained
105	a license, permit, or authorization number and paid the fees set
106	forth in this chapter. Such license, permit, or authorization
107	number shall authorize the person to whom it is issued to hunt,
108	fish, take game, freshwater or saltwater fish, orfur-bearing
109	animals, and participate in outdoor recreational activities in
110	accordance with the laws of the state and rules of the
111	commission.
112	(3) PERSONAL POSSESSION REQUIRED.--Each license, permit,
113	or authorization number must be in the personal possession of
114	the person to whom it is issued while such person is hunting,
115	fishing, or taking, attempting to take, or possessing game,
116	freshwater or saltwater fish, or fur-bearing animals. Any person
117	hunting, fishing, or taking, attempting to take, or possessing
118	game, freshwater or saltwater fish, orfur-bearing animals who
119	fails to produce a license, permit, or authorization number at
120	the request of a commission law enforcement officer commits a
121	violation of the law.
122	(5) NONRESIDENT HUNTING AND FISHING LICENSES.--The
123	licenses and fees for nonresidents participating in hunting and
124	fishing activities in the state are as follows:
125	(f) Hunting license to take game for 10 consecutive days,
126	$45$25.
127	(7) VESSEL LICENSES.--
128	(c)1. A license for any person who operates any vessel
129	licensed to carry no more than 10 customers, or for any person
130	licensed to operate any vessel carrying 6 or fewer customers,
131	wherein a fee is paid, either directly or indirectly, for the
132	purpose of taking or attempting to take saltwater fish, is $400
133	per year; provided that.
134	2.a license for any person licensed to operate any vessel
135	carrying 6 or fewer customers but who operates a vessel carrying
136	4 or fewer customers, wherein a fee is paid, either directly or
137	indirectly, for the purpose of taking or attempting to take
138	saltwater fish, is $200 per year. The license must be kept
139	aboard the vessel at all times.
140	2.3.A person who operates a vessel required to be
141	licensed pursuant to paragraph (b) or this paragraph may obtain
142	a license in her or his own name, and such license shall be
143	transferable and apply to any vessel operated by the purchaser,
144	provided that the purchaser has paid the appropriate license
145	fee.
146	(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
147	PERMITS.--In addition to any license required under this
148	chapter, the following permits and fees for specified hunting,
149	fishing, and recreational uses and activities are required:
150	(b) An annual Florida turkey permit for a resident or
151	nonresident to take wild turkeys within the state is $5 for a
152	resident or $100 for a nonresident.
153	Section 5. Paragraph (a) of subsection (1) of section
154	372.6673, Florida Statutes, is amended to read:
155	372.6673 Taking and possession of alligators; trapping
156	licenses; fees.--
157	(1)(a) No person shall take or possess any alligator or
158	the eggs thereof without having first obtained from the
159	commission a trapping license and paid the fee provided in this
160	section. Such license shall be valid from June 1 to June 30 of
161	the following yearand shall authorize the person to whom it is
162	issued to take or possess alligators and their eggs, and to
163	sell, possess, and process alligators and their hides and meat,
164	in accordance with law and commission rules. Such license shall
165	not be transferable and shall not be valid unless it bears on
166	its face in indelible ink the name of the person to whom it is
167	issued. Such license shall be in the personal possession of the
168	licensee while such person is taking alligators or their eggs or
169	is selling, possessing, or processing alligators or their eggs,
170	hides, or meat. The failure of the licensee to exhibit such
171	license to the commission or its wildlife officers, when such
172	person is found taking alligators or their eggs or is found
173	selling, possessing, or processing alligators or their eggs,
174	hides, or meat, shall be a violation of law.
175	Section 6. Subsection (1) of section 372.661, Florida
176	Statutes, is amended to read:
177	372.661 Private hunting preserve license fees;
178	exception.--
179	(1) Any person who operates a private hunting preserve
180	commercially or otherwise shall be required to pay a license fee
181	of $70$25for each such preserve; provided, however, that
182	during the open season established for wild game of any species
183	a private individual may take artificially propagated game of
184	such species up to the bag limit prescribed for the particular
185	species without being required to pay the license fee required
186	by this section; provided further that if any such individual
187	shall charge a fee for taking such game she or he shall be
188	required to pay the license fee required by this section and to
189	comply with the rules of the commission relative to the
190	operation of private hunting preserves.
191	Section 7. Section 372.87, Florida Statutes, is amended to
192	read:
193	372.87 License fee; renewal, revocation.--The Fish and
194	Wildlife Conservation Commission is hereby authorized and
195	empowered to issue a license or permit for the keeping,
196	possessing, or exhibiting of poisonous or venomous reptiles,
197	upon payment of an annual fee of $100$5and upon assurance that
198	all of the provisions of ss. 372.86-372.91 and such other
199	reasonable rules and regulations as said commission may
200	prescribe will be fully complied with in all respects. Such
201	permit may be revoked by the Fish and Wildlife Conservation
202	Commission upon violation of any of the provisions of ss.
203	372.86-372.91 or upon violation of any of the rules and
204	regulations prescribed by said commission relating to the
205	keeping, possessing, and exhibiting of any poisonous and
206	venomous reptiles. Such permits or licenses shall be for an
207	annual period to be prescribed by the said commission and shall
208	be renewable from year to year upon the payment of said $100$5
209	fee and shall be subject to the same conditions, limitations,
210	and restrictions as herein set forth.
211	Section 8. Subsections (1) and (2) of section 372.921,
212	Florida Statutes, are amended to read:
213	372.921 Exhibition and saleof wildlife.--
214	(1) In order to provide humane treatment and sanitary
215	surroundings for wild animals kept in captivity, no person,
216	firm, corporation, or association shall have, or be in
217	possession of, in captivity for the purpose of public display
218	with or without charge or for public sale any wildlife,
219	specifically birds, mammals, amphibians, and reptiles, whether
220	indigenous to Florida or not, without having first secured a
221	permit from the commission authorizing such person, firm, or
222	corporation to have in its possession in captivity the species
223	and number of wildlife specified within such permit; however,
224	this section does not apply to any wildlife not protected by law
225	and the rules of the commission.
226	(2) The fees to be paid for the issuance of permits for
227	the exhibition of wildliferequired by subsection (1) shall be
228	as follows:
229	(a) For not more than 2510 Class I or, Class II, or Class
230	IIIindividual specimens in the aggregate of all species, the
231	sum of $150$5per annum.
232	(b) For over 2510 Class I or, Class II, or Class III
233	individual specimens in the aggregate of all species, the sum of
234	$250$25per annum.
235	(c) For any number of Class III individual specimens in
236	the aggregate of all species, the sum of $50 per annum.
237
238	The fees prescribed by this subsection shall be submitted to the
239	commission with the application for permit required by
240	subsection (1) and shall be deposited in the State Game Trust
241	Fund.
242	Section 9. Paragraph (b) of subsection (2) of section
243	372.922, Florida Statutes, is amended to read:
244	372.922 Personal possession of wildlife.--
245	(2) The classifications of types of wildlife and fees to
246	be paid for permits for the personal possession of wildlife
247	shall be as follows:
248	(b) Class II--Wildlife considered to present a real or
249	potential threat to human safety, the sum of $140$100per
250	annum.
251	Section 10. Section 372.99, Florida Statutes, is amended
252	to read:
253	372.99 Illegal taking and possession of deer and wild
254	turkey; evidence; penalty.--
255	(1) Whoever takes or kills any deer or wild turkey, or
256	possesses a freshly killed deer or wild turkey, during the
257	closed season prescribed by law or by the rules and regulations
258	of the Fish and Wildlife Conservation Commission, or whoever
259	takes or attempts to take any deer or wild turkey by the use of
260	gun and light in or out of closed season, is guilty of a
261	misdemeanor of the first degree, punishable as provided in s.
262	775.082 or s. 775.083, and shall forfeit any license or permit
263	issued to her or him under the provisions of this chapter. No
264	license shall be issued to such person for a period of 3 years
265	following any such violation on the first offense. Any person
266	guilty of a second or subsequent violation shall be permanently
267	ineligible for issuance of a license or permit thereafter.
268	(2) The display or use of a light in a place where deer
269	might be found and in a manner capable of disclosing the
270	presence of deer, together with the possession of firearms or
271	other weapons customarily used for the taking of deer, between 1
272	hour after sunset and 1 hour before sunrise, shall be prima
273	facie evidence of an intent to violate the provisions of
274	subsection (1). This subsection does not apply to an owner or
275	her or his employee when patrolling or inspecting the land of
276	the owner, provided the employee has satisfactory proof of
277	employment on her or his person.
278	(3) Whoever takes or kills any doe deer; fawn or baby
279	deer; or deer, whether male or female, which does not have one
280	or more antlers at least 5 inches in length, except as provided
281	by law or the rules of the Fish and Wildlife Conservation
282	Commission, during the open season prescribed by the rules of
283	the commission, is guilty of a misdemeanor of the first degree,
284	punishable as provided in s. 775.082 or s. 775.083, and may be
285	required to forfeit any license or permit issued to such person
286	for a period of 3 years following any such violation on the
287	first offense. Any person guilty of a second or subsequent
288	violation shall be permanently ineligible for issuance of a
289	license or permit thereafter.
290	(4) Any person who cultivates agricultural crops may apply
291	to the Fish and Wildlife Conservation Commission for a permit to
292	take or kill deer on land which that person is currently
293	cultivating. When said person can show, to the satisfaction of
294	the Fish and Wildlife Conservation Commission, that such taking
295	or killing of deer is justified because of damage to the
296	person's crops caused by deer, the Fish and Wildlife
297	Conservation Commission may issue a limited permit to the
298	applicant to take or kill deer without being in violation of
299	subsection (1) or subsection (3).
300	(5) Whoever possesses for sale or sells deer or wild
301	turkey taken in violation of this chapter or the rules and
302	regulations of the commission is guilty of a felony of the third
303	degree, punishable as provided in s. 775.082, s. 775.083, or s.
304	775.084.
305	(6) Any person who enters upon private property and shines
306	lights upon such property, without the express permission of the
307	owner of the property and with the intent to take deer by
308	utilizing such shining lights, shall be guilty of a misdemeanor
309	of the second degree, punishable as provided in s. 775.082 or s.
310	775.083.
311	(7) Upon final disposition of any alleged offense for
312	which a citation for any violation of this chapter or the rules
313	of the commission has been issued, the court shall, within 10
314	days after the final disposition of the action, certify the
315	disposition to the commission.
316	Section 11. This act shall take effect upon becoming a
317	law.