| 1 | A bill to be entitled |
| 2 | An act relating to vessel licenses; amending s. 372.09, |
| 3 | F.S.; providing that revenues from the sale of freshwater |
| 4 | vessel licenses be deposited into the State Game Trust |
| 5 | Fund; amending s. 372.57, F.S.; providing identification |
| 6 | and transfer requirements for saltwater vessel licenses; |
| 7 | creating a Freshwater Vessel License Pilot Program within |
| 8 | the Fish and Wildlife Conservation Commission; |
| 9 | establishing nonmandatory license fees and categories; |
| 10 | prohibiting the transfer of vessel licenses under certain |
| 11 | circumstances; providing for the expiration of the pilot |
| 12 | program; creating a Vessel License Task Force within the |
| 13 | commission; providing for membership of the task force; |
| 14 | providing responsibilities and duties of the task force; |
| 15 | requiring the task force to submit recommendations to the |
| 16 | commission and certain committees of the Legislature; |
| 17 | providing for expiration of the task force; amending s. |
| 18 | 372.562, F.S.; providing exemptions from certain fees and |
| 19 | requirements for persons fishing from or operating a |
| 20 | freshwater vessel with a freshwater vessel license; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 372.09, Florida Statutes, is amended to |
| 26 | read: |
| 27 | 372.09 State Game Trust Fund.--The funds resulting from |
| 28 | the operation of the commission and from the administration of |
| 29 | the laws and regulations pertaining to birds, game, fur-bearing |
| 30 | animals, freshwater fish, reptiles, and amphibians, including |
| 31 | funds resulting from the sale of freshwater vessel licenses |
| 32 | authorized in this chapter, together with any other funds |
| 33 | specifically provided for such purposes shall constitute the |
| 34 | State Game Trust Fund and shall be used by the commission as it |
| 35 | shall deem fit in carrying out the provisions hereof and for no |
| 36 | other purposes. The commission may not obligate itself beyond |
| 37 | the current resources of the State Game Trust Fund unless |
| 38 | specifically so authorized by the Legislature. |
| 39 | Section 2. Subsection (7) of section 372.57, Florida |
| 40 | Statutes, is amended, and subsections (16) and (17) are added to |
| 41 | that section, to read: |
| 42 | 372.57 Recreational licenses, permits, and authorization |
| 43 | numbers; fees established.-- |
| 44 | (7) VESSEL LICENSES.-- |
| 45 | (a) No person may operate any vessel wherein a fee is |
| 46 | paid, either directly or indirectly, for the purpose of taking, |
| 47 | attempting to take, or possessing any saltwater fish for |
| 48 | noncommercial purposes unless she or he has obtained a license |
| 49 | for each vessel for that purpose, and has paid the license fee |
| 50 | pursuant to paragraph (b), paragraph (c), or paragraph (d) |
| 51 | paragraphs (b) and (c) for such vessel. A saltwater vessel |
| 52 | license issued under this subsection must be identified as such |
| 53 | and may be transferred only to other saltwater vessels. |
| 54 | (b) A license for any person who operates any vessel |
| 55 | licensed to carry more than 10 customers, wherein a fee is paid, |
| 56 | either directly or indirectly, for the purpose of taking or |
| 57 | attempting to take saltwater fish, is $800 per year. The license |
| 58 | must be kept aboard the vessel at all times. |
| 59 | (c)1. A license for any person who operates any vessel |
| 60 | licensed to carry no more than 10 customers, or for any person |
| 61 | licensed to operate any vessel carrying 6 or fewer customers, |
| 62 | wherein a fee is paid, either directly or indirectly, for the |
| 63 | purpose of taking or attempting to take saltwater fish, is $400 |
| 64 | per year. |
| 65 | (d)2. A license for any person licensed to operate any |
| 66 | vessel carrying 6 or fewer customers but who operates a vessel |
| 67 | carrying 4 or fewer customers, wherein a fee is paid, either |
| 68 | directly or indirectly, for the purpose of taking or attempting |
| 69 | to take saltwater fish, is $200 per year. The license must be |
| 70 | kept aboard the vessel at all times. |
| 71 | (e)3. A person who operates a vessel required to be |
| 72 | licensed pursuant to paragraph (b), paragraph (c), or this |
| 73 | paragraph (d) may obtain a license in her or his own name, and |
| 74 | such license shall be transferable and apply to any vessel |
| 75 | operated by the purchaser, provided that the purchaser has paid |
| 76 | the appropriate license fee. |
| 77 | (f)(d) A license for a recreational vessel not for hire |
| 78 | and for which no fee is paid, either directly or indirectly, by |
| 79 | guests for the purpose of taking or attempting to take saltwater |
| 80 | fish noncommercially is $2,000 per year. The license may be |
| 81 | purchased at the option of the vessel owner and must be kept |
| 82 | aboard the vessel at all times. A log of species taken and the |
| 83 | date the species were taken shall be maintained and a copy of |
| 84 | the log filed with the commission at the time of renewal of the |
| 85 | license. |
| 86 | (g)(e) The owner, operator, or custodian of a vessel the |
| 87 | operator of which has been licensed pursuant to paragraph (a) |
| 88 | must maintain and report such statistical data as required by, |
| 89 | and in a manner set forth in, the rules of the commission. |
| 90 | (16) FRESHWATER VESSEL LICENSE PILOT PROGRAM.--The Fish |
| 91 | and Wildlife Conservation Commission shall establish a 1-year |
| 92 | nonmandatory freshwater vessel license program to be implemented |
| 93 | by July 1, 2004. Any person operating a vessel wherein a fee is |
| 94 | paid, either directly or indirectly, for the purpose of taking, |
| 95 | attempting to take, or possessing any freshwater fish for |
| 96 | noncommercial purposes may obtain a license for each vessel for |
| 97 | that purpose. The fees and categories for freshwater vessel |
| 98 | licenses shall be the same fees and categories as those |
| 99 | established for saltwater vessel licenses in subsection (7). A |
| 100 | freshwater vessel license issued under this subsection must be |
| 101 | identified as such and may be transferred only to other |
| 102 | freshwater vessels. A freshwater vessel license issued under |
| 103 | this subsection is nonrenewable and expires 1 year after the |
| 104 | date of issuance. This subsection expires July 1, 2005, unless |
| 105 | the Legislature establishes a new freshwater vessel licensing |
| 106 | program or extends this program. |
| 107 | (17) VESSEL LICENSE TASK FORCE.-- |
| 108 | (a) The Vessel License Task Force is created within the |
| 109 | Fish and Wildlife Conservation Commission for the purpose of |
| 110 | reviewing the commission's vessel license programs to determine |
| 111 | if vessel licenses for saltwater and freshwater vessels should |
| 112 | be mandatory or permissive licenses, if the vessel license |
| 113 | program should be repealed, and if vessel license fees are |
| 114 | sufficient to offset commission revenues lost from the sale of |
| 115 | nonresident individual saltwater and freshwater fishing licenses |
| 116 | and to determine a fair and equitable fee for vessel licenses if |
| 117 | the task force determines that revenues do offset losses and |
| 118 | that the vessel license programs should not be repealed. |
| 119 | (b) The Vessel License Task Force shall be composed of |
| 120 | seven members and must include one member representing the |
| 121 | Florida Guides Association, two members licensed as captains by |
| 122 | the United States Coast Guard to represent full-time freshwater |
| 123 | fishing guides, one member representing part-time freshwater |
| 124 | fishing guides, one member licensed as a captain by the United |
| 125 | States Coast Guard to represent full-time saltwater fishing |
| 126 | guides, one member representing part-time saltwater fishing |
| 127 | guides, and one representative from the Fish and Wildlife |
| 128 | Conservation Commission, who is not a commissioner, with |
| 129 | knowledge of the commission's vessel licensing program who shall |
| 130 | serve as chair of the task force. Members of the task force |
| 131 | shall serve without compensation. |
| 132 | (c) The task force shall meet at the call of the chair or |
| 133 | at the request of a majority of its members. Staff of the |
| 134 | commission shall serve as staff to the task force. |
| 135 | (d) By February 1, 2005, the task force shall submit |
| 136 | written recommendations to the Fish and Wildlife Conservation |
| 137 | Commission so that the commission may consider including the |
| 138 | recommendations as part of the commission's 2005 legislative |
| 139 | agenda. Copies of the written recommendations shall also be |
| 140 | submitted to the staff of the natural resources committees and |
| 141 | the appropriations committees of the Senate and the House of |
| 142 | Representatives. |
| 143 | (e) This subsection expires July 1, 2005. |
| 144 | Section 3. Paragraphs (i) and (j) of subsection (2) of |
| 145 | section 372.562, Florida Statutes, are amended to read: |
| 146 | 372.562 Recreational licenses and permits; exemptions from |
| 147 | fees and requirements.-- |
| 148 | (2) A hunting, freshwater fishing, or saltwater fishing |
| 149 | license or permit is not required for: |
| 150 | (i) Any person fishing from a vessel licensed pursuant to |
| 151 | s. 372.57(7) or (16). |
| 152 | (j) Any person fishing from a vessel the operator of which |
| 153 | is licensed pursuant to s. 372.57(7) or (16). |
| 154 | Section 4. This act shall take effect upon becoming a law. |