Senate Bill sb2388e1

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  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 372.001,

  4         F.S.; providing and revising definitions;

  5         amending s. 372.0222, F.S.; authorizing the

  6         commission to purchase certain promotional

  7         items; amending s. 372.07, F.S.; requiring

  8         clerks of the court to notify the commission

  9         within a specified time period of the

10         disposition of any citation issued under ch.

11         372, F.S.; amending s. 372.16, F.S.; increasing

12         the license fee for private game preserves and

13         farms; deleting an obsolete reference relating

14         to private game preserves and farms; amending

15         s. 372.57, F.S.; revising provisions specifying

16         fees and requirements for recreational

17         licenses, permits, and authorization numbers;

18         clarifying language relating to recreational

19         vessel licenses; increasing a nonresident

20         hunting license fee; increasing fees for

21         nonresident turkey permits; amending s.

22         372.6673, F.S.; revising provisions relating to

23         issuance and expiration dates of alligator

24         trapping licenses; amending s. 372.661, F.S.;

25         increasing the private hunting preserve license

26         fee;  amending s. 372.87, F.S.; increasing the

27         reptile license fee; amending s. 372.921, F.S.;

28         revising provisions relating to license

29         requirements for the sale or exhibition of

30         wildlife; increasing permit fees; amending s.

31         372.922, F.S.; increasing the permit fee for


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 1         personal possession of certain wildlife;

 2         providing an effective date.

 3  

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

 5  

 6         Section 1.  Present subsection (16) of section 372.001,

 7  Florida Statutes, is renumbered as subsection (17) and

 8  amended, present subsection (17) is renumbered as subsection

 9  (18), and a new subsection (16) is added to that section, to

10  read:

11         372.001  Definitions.--In construing these statutes,

12  when applied to saltwater and freshwater fish, shellfish,

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

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

15         (16)  "Saltwater fish" means any saltwater species of

16  finfish of the classes Agnatha, Chondrichthyes, or

17  Osteichthyes and marine invertebrates that of the classes

18  Gastropoda, Bivalvia, or Crustacea, or of the phylum

19  Echinodermata, but does not include nonliving shells or

20  echinoderms.

21         (17)(16)  "Take" means taking, attempting to take,

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

23  wildlife or freshwater or saltwater fish, or their nests or

24  eggs, by any means, whether or not such actions result in

25  obtaining possession of such wildlife or freshwater or

26  saltwater fish or their nests or eggs.

27         Section 2.  Paragraph (d) is added to subsection (6) of

28  section 372.0222, Florida Statutes, to read:

29         372.0222  Private publication agreements; advertising;

30  costs of production.--

31  


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 1         (6)  The commission shall provide services and

 2  information designed to inform Floridians and visitors about

 3  Florida' s unique and diverse fish, game, and wildlife, and

 4  make it available by means of commonly used media. For the

 5  accomplishment of those purposes, the commission may make

 6  expenditures to:

 7         (d)  Purchase and distribute promotional items to

 8  increase public awareness regarding boating safety and other

 9  programs that promote public safety or resource conservation.

10         Section 3.  Section 372.07, Florida Statutes, is

11  amended to read:

12         372.07  Police powers of commission and its agents.--

13         (1)  The Fish and Wildlife Conservation Commission, the

14  executive director and the executive director's assistants

15  designated by her or him, and each wildlife officer are

16  constituted peace officers with the power to make arrests for

17  violations of the laws of this state when committed in the

18  presence of the officer or when committed on lands under the

19  supervision and management of the commission.  The general

20  laws applicable to arrests by peace officers of this state

21  shall also be applicable to said director, assistants, and

22  wildlife officers. Such persons may enter upon any land or

23  waters of the state for performance of their lawful duties and

24  may take with them any necessary equipment, and such entry

25  shall not constitute a trespass.

26         (2)  Such officers shall have power and authority to

27  enforce throughout the state all laws relating to game,

28  nongame birds, fish, and fur-bearing animals and all rules and

29  regulations of the Fish and Wildlife Conservation Commission

30  relating to wild animal life, marine life, and freshwater

31  aquatic life, and in connection with said laws, rules, and


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 1  regulations, in the enforcement thereof and in the performance

 2  of their duties thereunder, to:

 3         (a)  Go upon all premises, posted or otherwise;

 4         (b)  Execute warrants and search warrants for the

 5  violation of said laws;

 6         (c)  Serve subpoenas issued for the examination,

 7  investigation, and trial of all offenses against said laws;

 8         (d)  Carry firearms or other weapons, concealed or

 9  otherwise, in the performance of their duties;

10         (e)  Arrest upon probable cause without warrant any

11  person found in the act of violating any of the provisions of

12  said laws or, in pursuit immediately following such

13  violations, to examine any person, boat, conveyance, vehicle,

14  game bag, game coat, or other receptacle for wild animal life,

15  marine life, or freshwater aquatic life, or any camp, tent,

16  cabin, or roster, in the presence of any person stopping at or

17  belonging to such camp, tent, cabin, or roster, when said

18  officer has reason to believe, and has exhibited her or his

19  authority and stated to the suspected person in charge the

20  officer's reason for believing, that any of the aforesaid laws

21  have been violated at such camp;

22         (f)  Secure and execute search warrants and in

23  pursuance thereof to enter any building, enclosure, or car and

24  to break open, when found necessary, any apartment, chest,

25  locker, box, trunk, crate, basket, bag, package, or container

26  and examine the contents thereof;

27         (g)  Seize and take possession of all wild animal life,

28  marine life, or freshwater aquatic life taken or in possession

29  or under control of, or shipped or about to be shipped by, any

30  person at any time in any manner contrary to said laws.

31  


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 1         (3)  It is unlawful for any person to resist an arrest

 2  authorized by this section or in any manner to interfere,

 3  either by abetting, assisting such resistance, or otherwise

 4  interfering with said executive director, assistants, or

 5  wildlife officers while engaged in the performance of the

 6  duties imposed upon them by law or regulation of the Fish and

 7  Wildlife Conservation Commission.

 8         (4)  Upon final disposition of any alleged offense for

 9  which a citation for any violation of this chapter or the

10  rules of the commission has been issued, the court shall,

11  within 10 days after the final disposition of the action,

12  certify the disposition to the commission.

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

14  Florida Statutes, are amended to read:

15         372.16  Private game preserves and farms; penalty.--

16         (1)  Any person owning land in this state may

17  establish, maintain, and operate within the boundaries

18  thereof, a private preserve and farm, not exceeding an area of

19  640 acres, for the protection, preservation, propagation,

20  rearing, and production of game birds and animals for private

21  and commercial purposes, provided that no two game preserves

22  shall join each other or be connected. Before any private game

23  preserve or farm is established, the owner or operator shall

24  secure a license from the commission, the fee for which is $50

25  $5 per year.

26         (4)  Any person violating this section for the first

27  offense commits a misdemeanor of the second degree, punishable

28  as provided in s. 775.082 or s. 775.083, and for a second or

29  subsequent offense commits a misdemeanor of the first degree,

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

31  person convicted of violating this section shall forfeit to


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 1  the commission any license or permit issued under this

 2  section; and no further license or permit shall be issued to

 3  such person for a period of 1 year following such conviction.

 4         Section 5.  Subsections (1) and (3), paragraph (f) of

 5  subsection (5), paragraph (c) of subsection (7), and paragraph

 6  (b) of subsection (8), of section 372.57, Florida Statutes,

 7  are amended to read:

 8         372.57  Recreational licenses, permits, and

 9  authorization numbers; fees established.--

10         (1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER

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

12  hunt, fish, or take game, freshwater or saltwater fish, or

13  fur-bearing animals within this state without having first

14  obtained a license, permit, or authorization number and paid

15  the fees set forth in this chapter.  Such license, permit, or

16  authorization number shall authorize the person to whom it is

17  issued to hunt, fish, take game, freshwater or saltwater fish,

18  or fur-bearing animals, and participate in outdoor

19  recreational activities in accordance with the laws of the

20  state and rules of the commission.

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

22  permit, or authorization number must be in the personal

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

24  person is hunting, fishing, or taking, attempting to take, or

25  possessing game, freshwater or saltwater fish, or fur-bearing

26  animals. Any person hunting, fishing, or taking, attempting to

27  take, or possessing game, freshwater or saltwater fish, or

28  fur-bearing animals who fails to produce a license, permit, or

29  authorization number at the request of a commission law

30  enforcement officer commits a violation of the law.

31  


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

 2  licenses and fees for nonresidents participating in hunting

 3  and fishing activities in the state are as follows:

 4         (f)  Hunting license to take game for 10 consecutive

 5  days, $45 $25.

 6         (7)  VESSEL LICENSES.--

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

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

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

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

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

12  $400 per year.

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

14  vessel carrying 6 or fewer customers but who operates a vessel

15  carrying 4 or fewer customers, wherein a fee is paid, either

16  directly or indirectly, for the purpose of taking or

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

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

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

20  licensed pursuant to paragraph (b) or this paragraph may

21  obtain a license in her or his own name, and such license

22  shall be transferable and apply to any vessel operated by the

23  purchaser, provided that the purchaser has paid the

24  appropriate license fee.

25         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

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

27  this chapter, the following permits and fees for specified

28  hunting, fishing, and recreational uses and activities are

29  required:

30         (b)1.  An annual Florida turkey permit for a resident

31  or nonresident to take wild turkeys within the state is $5.


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 1         2.  An annual Florida turkey permit for a nonresident

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

 3         Section 6.  Subsection (1) of section 372.661, Florida

 4  Statutes, is amended to read:

 5         372.661  Private hunting preserve license fees;

 6  exception.--

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

 8  commercially or otherwise shall be required to pay a license

 9  fee of $70 $25 for each such preserve; provided, however, that

10  during the open season established for wild game of any

11  species a private individual may take artificially propagated

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

13  particular species without being required to pay the license

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

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

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

17  section and to comply with the rules of the commission

18  relative to the operation of private hunting preserves.

19         Section 7.  Paragraph (a) of subsection (1) of section

20  372.6673, Florida Statutes, is amended to read:

21         372.6673  Taking and possession of alligators; trapping

22  licenses; fees.--

23         (1)(a)  No person shall take or possess any alligator

24  or the eggs thereof without having first obtained from the

25  commission a trapping license and paid the fee provided in

26  this section. Such license shall be dated when issued and

27  remain valid for 12 months after the date of issuance from

28  June 1 to June 30 of the following year and shall authorize

29  the person to whom it is issued to take or possess alligators

30  and their eggs, and to sell, possess, and process alligators

31  and their hides and meat, in accordance with law and


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 1  commission rules. Such license shall not be transferable and

 2  shall not be valid unless it bears on its face in indelible

 3  ink the name of the person to whom it is issued. Such license

 4  shall be in the personal possession of the licensee while such

 5  person is taking alligators or their eggs or is selling,

 6  possessing, or processing alligators or their eggs, hides, or

 7  meat. The failure of the licensee to exhibit such license to

 8  the commission or its wildlife officers, when such person is

 9  found taking alligators or their eggs or is found selling,

10  possessing, or processing alligators or their eggs, hides, or

11  meat, shall be a violation of law.

12         Section 8.  Section 372.87, Florida Statutes, is

13  amended to read:

14         372.87  License fee; renewal, revocation.--The Fish and

15  Wildlife Conservation Commission is hereby authorized and

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

17  possessing, or exhibiting of poisonous or venomous reptiles,

18  upon payment of an annual fee of $100 $5 and upon assurance

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

20  reasonable rules and regulations as said commission may

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

22  permit may be revoked by the Fish and Wildlife Conservation

23  Commission upon violation of any of the provisions of ss.

24  372.86-372.91 or upon violation of any of the rules and

25  regulations prescribed by said commission relating to the

26  keeping, possessing, and exhibiting of any poisonous and

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

28  annual period to be prescribed by the said commission and

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

30  $5 fee and shall be subject to the same conditions,

31  limitations, and restrictions as herein set forth.


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 1         Section 9.  Section 372.921, Florida Statutes, is

 2  amended to read:

 3         372.921  Exhibition or sale of wildlife.--

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

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

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

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

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

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

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

11  permit from the commission authorizing such person, firm, or

12  corporation to have in its possession in captivity the species

13  and number of wildlife specified within such permit; however,

14  this section does not apply to any wildlife not protected by

15  law and the rules of the commission.

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

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

18  shall be as follows:

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

20  I, Class II, or Class III individual specimens in the

21  aggregate of all species, the sum of $150 $5 per annum.

22         (b)  For over 25 Class I or Class II 10 Class I, Class

23  II, or Class III individual specimens in the aggregate of all

24  species, the sum of $250 $25 per annum.

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

26  in the aggregate of all species, the sum of $50 per annum.

27  

28  The fees prescribed by this subsection shall be submitted to

29  the commission with the application for permit required by

30  subsection (1) and shall be deposited in the State Game Trust

31  Fund.


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 1         (3)  An applicant for a permit shall be required to

 2  include in her or his application a statement showing the

 3  place, number, and species of wildlife to be held in captivity

 4  by the applicant and shall be required upon request by the

 5  Fish and Wildlife Conservation Commission to show when, where,

 6  and in what manner she or he came into possession of any

 7  wildlife acquired subsequent to the effective date of this

 8  act. The source of acquisition of such wildlife shall not be

 9  divulged by the commission except in connection with a

10  violation of this section or a regulation of the commission in

11  which information as to source of wildlife is required as

12  evidence in the prosecution of such violation.

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

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

15  to inspection by officers of the commission at all times.  The

16  commission shall have the power to release or confiscate any

17  specimens of any wildlife, specifically birds, mammals,

18  amphibians, or reptiles, whether indigenous to the state or

19  not, when it is found that conditions under which they are

20  being confined are unsanitary, or unsafe to the public in any

21  manner, or that the species of wildlife are being maltreated,

22  mistreated, or neglected or kept in any manner contrary to the

23  provisions of chapter 828, any such permit to the contrary

24  notwithstanding. Before any such wildlife is confiscated or

25  released under the authority of this section, the owner

26  thereof shall have been advised in writing of the existence of

27  such unsatisfactory conditions; the owner shall have been

28  given 30 days in which to correct such conditions; the owner

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

30  have had an opportunity for a proceeding pursuant to chapter

31  120; and the commission shall have ordered such confiscation


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 1  or release after careful consideration of all evidence in the

 2  particular case in question.  The final order of the

 3  commission shall constitute final agency action.

 4         (5)  In instances where wildlife is seized or taken

 5  into custody by the commission, said owner or possessor of

 6  such wildlife shall be responsible for payment of all expenses

 7  relative to the capture, transport, boarding, veterinary care,

 8  or other costs associated with or incurred due to seizure or

 9  custody of wildlife. Such expenses shall be paid by said owner

10  or possessor upon any conviction or finding of guilt of a

11  criminal or noncriminal violation, regardless of adjudication

12  or plea entered, of any provision of chapter 828 or this

13  chapter, or rule of the commission or if such violation is

14  disposed of under s. 921.187. Failure to pay such expense may

15  be grounds for revocation or denial of permits to such

16  individual to possess wildlife.

17         (6)  Any animal on exhibit of a type capable of

18  contracting or transmitting rabies shall be immunized against

19  rabies.

20         (7)  The provisions of this section relative to

21  licensing do not apply to any municipal, county, state, or

22  other publicly owned wildlife exhibit.  The provisions of this

23  section do not apply to any traveling zoo, circus, or exhibit

24  licensed as provided by chapter 205.

25         (8)  This section shall not apply to the possession,

26  control, care, and maintenance of ostriches, emus, and rheas,

27  except those kept and maintained primarily for exhibition

28  purposes in zoos, carnivals, circuses, and other

29  establishments where such species are kept for display to the

30  public.

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 1         (9)  The commission is authorized to adopt rules

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

 3  provisions of this section.

 4         (10)  A violation of this section is punishable as

 5  provided by s. 372.83.

 6         Section 10.  Subsection (2) of section 372.922, Florida

 7  Statutes, is amended to read:

 8         372.922  Personal possession of wildlife.--

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

10  to be paid for permits for the personal possession of wildlife

11  shall be as follows:

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

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

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

15  potential threat to human safety, the sum of $140 $100 per

16  annum.

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

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

19  obtained from the commission.

20         Section 11.  This act shall take effect upon becoming a

21  law.

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