HB 1319

1
A bill to be entitled
2An act relating to vessel licenses; amending s. 372.09,
3F.S.; providing that revenues from the sale of freshwater
4vessel licenses be deposited into the State Game Trust
5Fund; amending s. 372.57, F.S.; providing identification
6and transfer requirements for saltwater vessel licenses;
7creating a Freshwater Vessel License Pilot Program within
8the Fish and Wildlife Conservation Commission;
9establishing nonmandatory license fees and categories;
10prohibiting the transfer of vessel licenses under certain
11circumstances; providing for the expiration of the pilot
12program; creating a Vessel License Task Force within the
13commission; providing for membership of the task force;
14providing responsibilities and duties of the task force;
15requiring the task force to submit recommendations to the
16commission and certain committees of the Legislature;
17providing for expiration of the task force; amending s.
18372.562, F.S.; providing exemptions from certain fees and
19requirements for persons fishing from or operating a
20freshwater vessel with a freshwater vessel license;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 372.09, Florida Statutes, is amended to
26read:
27     372.09  State Game Trust Fund.--The funds resulting from
28the operation of the commission and from the administration of
29the laws and regulations pertaining to birds, game, fur-bearing
30animals, freshwater fish, reptiles, and amphibians, including
31funds resulting from the sale of freshwater vessel licenses
32authorized in this chapter, together with any other funds
33specifically provided for such purposes shall constitute the
34State Game Trust Fund and shall be used by the commission as it
35shall deem fit in carrying out the provisions hereof and for no
36other purposes.  The commission may not obligate itself beyond
37the current resources of the State Game Trust Fund unless
38specifically so authorized by the Legislature.
39     Section 2.  Subsection (7) of section 372.57, Florida
40Statutes, is amended, and subsections (16) and (17) are added to
41that section, to read:
42     372.57  Recreational licenses, permits, and authorization
43numbers; fees established.--
44     (7)  VESSEL LICENSES.--
45     (a)  No person may operate any vessel wherein a fee is
46paid, either directly or indirectly, for the purpose of taking,
47attempting to take, or possessing any saltwater fish for
48noncommercial purposes unless she or he has obtained a license
49for each vessel for that purpose, and has paid the license fee
50pursuant to paragraph (b), paragraph (c), or paragraph (d)
51paragraphs (b) and (c) for such vessel. A saltwater vessel
52license issued under this subsection must be identified as such
53and may be transferred only to other saltwater vessels.
54     (b)  A license for any person who operates any vessel
55licensed to carry more than 10 customers, wherein a fee is paid,
56either directly or indirectly, for the purpose of taking or
57attempting to take saltwater fish, is $800 per year. The license
58must be kept aboard the vessel at all times.
59     (c)1.  A license for any person who operates any vessel
60licensed to carry no more than 10 customers, or for any person
61licensed to operate any vessel carrying 6 or fewer customers,
62wherein a fee is paid, either directly or indirectly, for the
63purpose of taking or attempting to take saltwater fish, is $400
64per year.
65     (d)2.  A license for any person licensed to operate any
66vessel carrying 6 or fewer customers but who operates a vessel
67carrying 4 or fewer customers, wherein a fee is paid, either
68directly or indirectly, for the purpose of taking or attempting
69to take saltwater fish, is $200 per year. The license must be
70kept aboard the vessel at all times.
71     (e)3.  A person who operates a vessel required to be
72licensed pursuant to paragraph (b), paragraph (c), or this
73paragraph (d) may obtain a license in her or his own name, and
74such license shall be transferable and apply to any vessel
75operated by the purchaser, provided that the purchaser has paid
76the appropriate license fee.
77     (f)(d)  A license for a recreational vessel not for hire
78and for which no fee is paid, either directly or indirectly, by
79guests for the purpose of taking or attempting to take saltwater
80fish noncommercially is $2,000 per year.  The license may be
81purchased at the option of the vessel owner and must be kept
82aboard the vessel at all times.  A log of species taken and the
83date the species were taken shall be maintained and a copy of
84the log filed with the commission at the time of renewal of the
85license.
86     (g)(e)  The owner, operator, or custodian of a vessel the
87operator of which has been licensed pursuant to paragraph (a)
88must maintain and report such statistical data as required by,
89and in a manner set forth in, the rules of the commission.
90     (16)  FRESHWATER VESSEL LICENSE PILOT PROGRAM.--The Fish
91and Wildlife Conservation Commission shall establish a 1-year
92nonmandatory freshwater vessel license program to be implemented
93by July 1, 2004. Any person operating a vessel wherein a fee is
94paid, either directly or indirectly, for the purpose of taking,
95attempting to take, or possessing any freshwater fish for
96noncommercial purposes may obtain a license for each vessel for
97that purpose. The fees and categories for freshwater vessel
98licenses shall be the same fees and categories as those
99established for saltwater vessel licenses in subsection (7). A
100freshwater vessel license issued under this subsection must be
101identified as such and may be transferred only to other
102freshwater vessels. A freshwater vessel license issued under
103this subsection is nonrenewable and expires 1 year after the
104date of issuance. This subsection expires July 1, 2005, unless
105the Legislature establishes a new freshwater vessel licensing
106program or extends this program.
107     (17)  VESSEL LICENSE TASK FORCE.--
108     (a)  The Vessel License Task Force is created within the
109Fish and Wildlife Conservation Commission for the purpose of
110reviewing the commission's vessel license programs to determine
111if vessel licenses for saltwater and freshwater vessels should
112be mandatory or permissive licenses, if the vessel license
113program should be repealed, and if vessel license fees are
114sufficient to offset commission revenues lost from the sale of
115nonresident individual saltwater and freshwater fishing licenses
116and to determine a fair and equitable fee for vessel licenses if
117the task force determines that revenues do offset losses and
118that the vessel license programs should not be repealed.
119     (b)  The Vessel License Task Force shall be composed of
120seven members and must include one member representing the
121Florida Guides Association, two members licensed as captains by
122the United States Coast Guard to represent full-time freshwater
123fishing guides, one member representing part-time freshwater
124fishing guides, one member licensed as a captain by the United
125States Coast Guard to represent full-time saltwater fishing
126guides, one member representing part-time saltwater fishing
127guides, and one representative from the Fish and Wildlife
128Conservation Commission, who is not a commissioner, with
129knowledge of the commission's vessel licensing program who shall
130serve as chair of the task force. Members of the task force
131shall serve without compensation.
132     (c)  The task force shall meet at the call of the chair or
133at the request of a majority of its members. Staff of the
134commission shall serve as staff to the task force.
135     (d)  By February 1, 2005, the task force shall submit
136written recommendations to the Fish and Wildlife Conservation
137Commission so that the commission may consider including the
138recommendations as part of the commission's 2005 legislative
139agenda. Copies of the written recommendations shall also be
140submitted to the staff of the natural resources committees and
141the appropriations committees of the Senate and the House of
142Representatives.
143     (e)  This subsection expires July 1, 2005.
144     Section 3.  Paragraphs (i) and (j) of subsection (2) of
145section 372.562, Florida Statutes, are amended to read:
146     372.562  Recreational licenses and permits; exemptions from
147fees and requirements.--
148     (2)  A hunting, freshwater fishing, or saltwater fishing
149license or permit is not required for:
150     (i)  Any person fishing from a vessel licensed pursuant to
151s. 372.57(7) or (16).
152     (j)  Any person fishing from a vessel the operator of which
153is licensed pursuant to s. 372.57(7) or (16).
154     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.