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. |