| 1 | A bill to be entitled |
| 2 | An act relating to the Fish and Wildlife Conservation |
| 3 | Commission; amending s. 327.395, F.S.; deleting provisions |
| 4 | limiting boating safety requirements to people 21 years of |
| 5 | age or younger; prohibiting any person born after a |
| 6 | specified date from operating a motor of 10 horsepower or |
| 7 | greater without having identification and a boater safety |
| 8 | card issued by the Fish and Wildlife Conservation |
| 9 | Commission; amending s. 327.803, F.S.; revising certain |
| 10 | criteria for membership on the Boating Advisory Council; |
| 11 | requiring the commission, rather than the Governor, to |
| 12 | make certain appointments to the council; adding issues |
| 13 | upon which the council makes recommendations to the Fish |
| 14 | and Wildlife Conservation Commission and the Department of |
| 15 | Community Affairs; authorizing reimbursement for expenses |
| 16 | for members of the council; providing for members of the |
| 17 | council to be removed for cause; amending s. 370.06, F.S.; |
| 18 | providing for receipt of a saltwater products license |
| 19 | issued by the Fish and Wildlife Conservation Commission to |
| 20 | a firm or corporation; clarifying a provision barring |
| 21 | transfer of a saltwater products license; clarifying a |
| 22 | provision regarding the annual fee that an individual, |
| 23 | firm, or corporation must pay for a license; providing for |
| 24 | an increase in annual saltwater products license fees; |
| 25 | providing definitions; amending s. 370.13, F.S.; reducing |
| 26 | certificate transfer fees for 2005-2006; providing for |
| 27 | establishment of transfer fees in subsequent years; |
| 28 | reducing surcharge fees for 2005-2006; providing for the |
| 29 | establishment of surcharge fees in subsequent years; |
| 30 | authorizing rulemaking by the Fish and Wildlife |
| 31 | Conservation Commission; amending s. 372.83, F.S.; |
| 32 | establishing penalties for certain persons who illegally |
| 33 | take game; creating s. 372.831, F.S.; establishing |
| 34 | penalties for violations of rules, regulations, or orders |
| 35 | relating to the use of dogs for hunting wildlife; amending |
| 36 | s. 372.988, F.S.; applying requirements regarding |
| 37 | fluorescent orange material to persons hunting on private |
| 38 | land; reenacting s. 372.83(1), F.S., relating to |
| 39 | noncriminal infractions relating to wildlife laws, to |
| 40 | incorporate the amendment to s. 372.988, F.S., in a |
| 41 | reference thereto; repealing s. 372.674, F.S., relating to |
| 42 | environmental education and the Advisory Council on |
| 43 | Environmental Education; amending s. 372.672, F.S., |
| 44 | relating to the Florida Panther Research and Management |
| 45 | Trust Fund, to conform; providing effective dates. |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
|
| 49 | Section 1. Effective October 1, 2005, subsections (1) and |
| 50 | (7) of section 327.395, Florida Statutes, are amended to read: |
| 51 | 327.395 Boating safety identification cards.-- |
| 52 | (1) Until October 1, 2001, A person born after September |
| 53 | 30, 1983, 1980, and on or after October 1, 2001, a person 21 |
| 54 | years of age or younger may not operate a vessel powered by a |
| 55 | motor of 10 horsepower or greater unless such person has in his |
| 56 | or her possession aboard the vessel photographic identification |
| 57 | and a boater safety identification card issued by the commission |
| 58 | which shows that he or she has: |
| 59 | (a) Completed a commission-approved boater education |
| 60 | course that meets the minimum 8-hour instruction requirement |
| 61 | established by the National Association of State Boating Law |
| 62 | Administrators; |
| 63 | (b) Passed a course equivalency examination approved by |
| 64 | the commission; or |
| 65 | (c) Passed a temporary certificate examination developed |
| 66 | or approved by the commission. |
| 67 | (7) A person who violates this section commits is guilty |
| 68 | of a noncriminal infraction, punishable as provided in s. |
| 69 | 327.73. |
| 70 | Section 2. Section 327.803, Florida Statutes, is amended |
| 71 | to read: |
| 72 | 327.803 Boating Advisory Council.-- |
| 73 | (1) The Boating Advisory Council is created within the |
| 74 | Fish and Wildlife Conservation Commission and shall be composed |
| 75 | of 17 members. The members include: |
| 76 | (a) One representative from the Fish and Wildlife |
| 77 | Conservation Commission, who shall serve as the chair of the |
| 78 | council. |
| 79 | (b) One representative each from the Department of |
| 80 | Environmental Protection, the United States Coast Guard |
| 81 | Auxiliary, the United States Power Squadron, and the inland |
| 82 | navigation districts. |
| 83 | (c) One representative of manatee protection interests, |
| 84 | one representative of the marine industries, two representatives |
| 85 | of water-related environmental groups, one representative of |
| 86 | marine manufacturers, one representative of commercial vessel |
| 87 | owners or operators, one representative of marine special events |
| 88 | sport boat racing, one representative actively involved and |
| 89 | working full-time in the scuba diving industry who has |
| 90 | experience in recreational boating, and two representatives of |
| 91 | the boating public, each of whom shall be nominated by the |
| 92 | executive director of the Fish and Wildlife Conservation |
| 93 | Commission and appointed by the commission Governor to serve |
| 94 | staggered 3-year 2-year terms. Members appointed by the |
| 95 | commission may serve no more than two full consecutive terms. |
| 96 | (d) One member of the House of Representatives, who shall |
| 97 | be appointed by the Speaker of the House of Representatives. |
| 98 | (e) One member of the Senate, who shall be appointed by |
| 99 | the President of the Senate. |
| 100 | (2) The council shall meet at the call of the chair, at |
| 101 | the request of a majority of its membership, or at such times as |
| 102 | may be prescribed by rule. |
| 103 | (3) The purpose of the council is to make recommendations |
| 104 | to the Fish and Wildlife Conservation Commission and the |
| 105 | Department of Community Affairs regarding issues affecting the |
| 106 | boating community, including, but not limited to, issues related |
| 107 | to: |
| 108 | (a) Boating and diving safety education. |
| 109 | (b) Boating-related facilities, including marinas and boat |
| 110 | testing facilities. |
| 111 | (c) Boat usage. |
| 112 | (d) Boat access. |
| 113 | (e) Working waterfronts. |
| 114 | (4) Members of the council shall serve without |
| 115 | compensation but are entitled to reimbursement for expenses as |
| 116 | provided in s. 112.061. |
| 117 | (5) A vacancy on the council shall be filled for the |
| 118 | remainder of the unexpired term in the same manner as the |
| 119 | original appointment. Members whose terms have expired may |
| 120 | continue to serve until replaced or reappointed. |
| 121 | (6) Members of the council may be removed for cause. |
| 122 | Section 3. Paragraphs (d) and (e) of subsection (2) of |
| 123 | section 370.06, Florida Statutes, are amended to read: |
| 124 | 370.06 Licenses.-- |
| 125 | (2) SALTWATER PRODUCTS LICENSE.-- |
| 126 | (d) A saltwater products license may be issued in the name |
| 127 | of an individual or a valid commercial vessel boat registration |
| 128 | number. However, a firm or corporation may only receive a |
| 129 | license issued to a valid commercial vessel registration number. |
| 130 | A saltwater products license may not be transferred by the |
| 131 | licenseholder to another individual, firm, or corporation. Such |
| 132 | license is not transferable. A decal shall be issued with each |
| 133 | saltwater products license issued to a valid commercial vessel |
| 134 | boat registration number. The saltwater products license decal |
| 135 | shall be the same color as the vessel registration decal issued |
| 136 | each year pursuant to s. 328.48(5) and shall indicate the period |
| 137 | of time such license is valid. The saltwater products license |
| 138 | decal shall be placed beside the vessel registration decal and, |
| 139 | in the case of an undocumented vessel, shall be placed so that |
| 140 | the vessel registration decal lies between the commercial vessel |
| 141 | registration number and the saltwater products license decal. |
| 142 | Any saltwater products license decal for a previous year shall |
| 143 | be removed from a vessel operating on the waters of the state. |
| 144 | (e) The annual fee for a saltwater products license is: |
| 145 | 1. For a license issued in the name of an individual which |
| 146 | authorizes only that individual to engage in commercial fishing |
| 147 | activities from the shore or a vessel: a resident must pay $50; |
| 148 | a nonresident must pay $200; or an alien must pay $300. |
| 149 | 2. For a license issued in the name of an individual which |
| 150 | authorizes that named individual to engage in commercial fishing |
| 151 | activities from the shore or a vessel and also authorizes each |
| 152 | person who is fishing with the named individual aboard a vessel |
| 153 | to engage in such activities: a resident must pay $150; a |
| 154 | nonresident must pay $600; or an alien must pay $900. |
| 155 | 3. For a license issued to a valid commercial vessel |
| 156 | registration number which authorizes each person aboard such |
| 157 | registered vessel to engage in commercial fishing activities: a |
| 158 | resident, or a resident firm or corporation, must pay $100; a |
| 159 | nonresident, or a nonresident firm or corporation, must pay |
| 160 | $400; or an alien, or an alien firm or corporation, must pay |
| 161 | $600. For purposes of this subparagraph, a resident firm or |
| 162 | corporation means a firm or corporation formed under the laws of |
| 163 | this state; a nonresident firm or corporation means a firm or |
| 164 | corporation formed under the laws of any state other than |
| 165 | Florida; and an alien firm or corporation means a firm or |
| 166 | corporation organized under any laws other than laws of the |
| 167 | United States, any United States territory or possession, or any |
| 168 | state of the United States. A resident shall pay an annual |
| 169 | license fee of $50 for a saltwater products license issued in |
| 170 | the name of an individual or $100 for a saltwater products |
| 171 | license issued to a valid boat registration number. A |
| 172 | nonresident shall pay an annual license fee of $200 for a |
| 173 | saltwater products license issued in the name of an individual |
| 174 | or $400 for a saltwater products license issued to a valid boat |
| 175 | registration number. An alien shall pay an annual license fee of |
| 176 | $300 for a saltwater products license issued in the name of an |
| 177 | individual or $600 for a saltwater products license issued to a |
| 178 | valid boat registration number. |
| 179 | Section 4. Paragraph (b) of subsection (1) of section |
| 180 | 370.13, Florida Statutes, is amended to read: |
| 181 | 370.13 Stone crab; regulation.-- |
| 182 | (1) FEES AND EQUITABLE RENT.-- |
| 183 | (b) Certificate fees.-- |
| 184 | 1. For each trap certificate issued by the commission |
| 185 | under the requirements of the stone crab trap limitation program |
| 186 | established by commission rule, there is an annual fee of $.50 |
| 187 | per certificate. Replacement tags for lost or damaged tags cost |
| 188 | $.50 each, except that tags lost in the event of a major natural |
| 189 | disaster declared as an emergency disaster by the Governor, |
| 190 | shall be replaced for the cost of the tag as incurred by the |
| 191 | commission. |
| 192 | 2. For the 2005-2006 fishing year established by rule of |
| 193 | the commission, the fee for transferring trap certificates is $1 |
| 194 | per certificate transferred, except that the fee for eligible |
| 195 | crew members is 50 cents per certificate transferred. In |
| 196 | subsequent fishing years, the commission shall by rule establish |
| 197 | transfer fees not to exceed $1 per trap certificate transferred |
| 198 | to eligible crew members and $2 per trap certificate transferred |
| 199 | to all others. Except for transfers to Eligible crew members |
| 200 | shall be as determined according to criteria established by rule |
| 201 | of the commission, the fee for transferring certificates is $2 |
| 202 | per certificate transferred to be paid by the purchaser of the |
| 203 | certificate or certificates. The transfer fee for eligible crew |
| 204 | members is $1 per certificate. Payment must be made by money |
| 205 | order or cashier's check, submitted with the certificate |
| 206 | transfer form developed by the commission. |
| 207 | 3. For the 2005-2006 fishing year established by rule of |
| 208 | the commission, in addition to the transfer fee, a surcharge of |
| 209 | $1 $2 per certificate transferred, or 25 percent of the actual |
| 210 | value of the transferred certificate, whichever is greater, will |
| 211 | be assessed the first time a certificate is transferred outside |
| 212 | the original holder's immediate family. In subsequent fishing |
| 213 | years, the commission shall by rule establish a surcharge fee |
| 214 | not to exceed $2 per certificate transferred, or a surcharge fee |
| 215 | of 25 percent of the actual value of the transferred |
| 216 | certificate, whichever is greater, to be assessed the first time |
| 217 | a certificate is transferred outside the original holder's |
| 218 | immediate family. |
| 219 | 4. Transfer fees and surcharges only apply to the actual |
| 220 | number of certificates received by the purchaser. A transfer of |
| 221 | a certificate is not effective until the commission receives a |
| 222 | notarized copy of the bill of sale as proof of the actual value |
| 223 | of the transferred certificate or certificates, which must also |
| 224 | be submitted with the transfer form and payment. |
| 225 | 5. A transfer fee will not be assessed or required when |
| 226 | the transfer is within a family as a result of the death or |
| 227 | disability of the certificate owner. A surcharge will not be |
| 228 | assessed for any transfer within an individual's immediate |
| 229 | family. |
| 230 | Section 5. Subsection (6) is added to section 372.83, |
| 231 | Florida Statutes, to read: |
| 232 | 372.83 Noncriminal infractions; criminal penalties; |
| 233 | suspension and revocation of licenses and permits.-- |
| 234 | (6) Any person required to forfeit a hunting license |
| 235 | issued pursuant to this chapter and who is temporarily or |
| 236 | permanently ineligible, or temporarily or permanently prohibited |
| 237 | from acquiring such a license, and who takes game is subject to |
| 238 | the following penalties: |
| 239 | (a) A first violation is a misdemeanor of the first |
| 240 | degree, punishable as provided in s. 775.082 or s. 775.083, with |
| 241 | a minimum mandatory fine of $500. |
| 242 | (b) A second or subsequent violation is a misdemeanor of |
| 243 | the first degree, punishable as provided in s. 775.082 or s. |
| 244 | 775.83, with a mandatory fine of $1,000. |
| 245 |
|
| 246 | For purposes of this subsection, a violation means any judicial |
| 247 | disposition other than acquittal or dismissal. |
| 248 | Section 6. Section 372.831, Florida Statutes, is created |
| 249 | to read: |
| 250 | 372.831 Dog hunting; criminal penalties; forfeiture of |
| 251 | license.-- |
| 252 | (1) Any person who violates rules of the commission or |
| 253 | other regulations or orders that require the identification of |
| 254 | dogs used to take wildlife, or written permission from a |
| 255 | landowner for the use of dogs to take wildlife on that |
| 256 | landowner's property, is subject to the following penalties: |
| 257 | (a) A second violation within a 3-year period is a |
| 258 | misdemeanor of the first degree, punishable as provided in s. |
| 259 | 775.082 or s. 775.083, with a minimum mandatory fine of $250. |
| 260 | (b) A third violation within a 4-year period is a |
| 261 | misdemeanor of the first degree, punishable as provided in s. |
| 262 | 775.082 or s. 775.083, with a minimum mandatory fine of $500 and |
| 263 | forfeiture of any hunting license issued pursuant to this |
| 264 | chapter. Any hunting privileges under this chapter may not be |
| 265 | acquired for a 1-year period following the date of the judicial |
| 266 | disposition. |
| 267 | (c) A fourth or subsequent violation within a 5-year |
| 268 | period is a misdemeanor of the first degree, punishable as |
| 269 | provided in s. 775.082 or s. 775.083, with a mandatory fine of |
| 270 | $1,000 and forfeiture of any hunting license issued pursuant to |
| 271 | this chapter. Any hunting privileges under this chapter may not |
| 272 | be acquired for a 3-year period following the date of the |
| 273 | judicial disposition. |
| 274 |
|
| 275 | Violations committed before July 1, 2005, are not violations for |
| 276 | purposes of the penalties in this subsection. |
| 277 | (2) A person who knowingly releases any dog on property |
| 278 | without written permission from the landowner for the purpose of |
| 279 | taking deer commits a misdemeanor of the first degree, |
| 280 | punishable as provided in s. 775.082 or s. 775.083, with a |
| 281 | mandatory fine of $1,000 and forfeiture of any hunting license |
| 282 | issued pursuant to this chapter. Any hunting privileges under |
| 283 | this chapter may not be acquired for a 1-year period following |
| 284 | the date of the judicial disposition. |
| 285 |
|
| 286 | For purposes of this section, a violation means any judicial |
| 287 | disposition other than acquittal or dismissal. |
| 288 | Section 7. Section 372.988, Florida Statutes, is amended |
| 289 | to read: |
| 290 | 372.988 Required clothing for persons hunting deer.--It is |
| 291 | unlawful for any person to hunt deer, or for any person to |
| 292 | accompany another person hunting deer, during the open season |
| 293 | for the taking of deer on public or private lands unless each |
| 294 | person wears shall wear a total of at least 500 square inches of |
| 295 | daylight fluorescent orange material as an outer garment. Such |
| 296 | clothing shall be worn above the waistline and may include a |
| 297 | head covering. The provisions of This section does shall not |
| 298 | apply to any person hunting deer with a bow and arrow during |
| 299 | seasons restricted to hunting with a bow and arrow. |
| 300 | Section 8. For the purpose of incorporating the amendments |
| 301 | made by this act to section 372.988, Florida Statutes, in a |
| 302 | reference thereto, subsection (1) of section 372.83, Florida |
| 303 | Statutes, is reenacted to read: |
| 304 | 372.83 Noncriminal infractions; criminal penalties; |
| 305 | suspension and revocation of licenses and permits.-- |
| 306 | (1) A person is guilty of a noncriminal infraction, |
| 307 | punishable as provided in s. 372.711, if she or he violates any |
| 308 | of the following provisions: |
| 309 | (a) Rules, regulations, or orders relating to the filing |
| 310 | of reports or other documents required of persons who are |
| 311 | licensed or who hold permits issued by the commission. |
| 312 | (b) Rules, regulations, or orders relating to fish |
| 313 | management areas. |
| 314 | (c) Rules, regulations, or orders relating to quota hunt |
| 315 | permits, daily use permits, hunting zone assignments, camping |
| 316 | restrictions, the use of alcoholic beverages, vehicle use, and |
| 317 | check station requirements within wildlife management areas or |
| 318 | other areas managed by the commission. |
| 319 | (d) Rules, regulations, or orders requiring permits free |
| 320 | of charge to possess captive wildlife for personal use. |
| 321 | (e) Rules, regulations, or orders establishing size or |
| 322 | slot limits for freshwater game fish. |
| 323 | (f) Rules, regulations, or orders regulating vessel size |
| 324 | or specifying motor restrictions on specified water bodies. |
| 325 | (g) Rules, regulations, or orders relating to the |
| 326 | registration of off-road vehicles and airboats operated on state |
| 327 | lands. |
| 328 | (h) Section 372.57, relating to hunting, fishing, and |
| 329 | trapping licenses. |
| 330 | (i) Section 372.988, relating to required clothing for |
| 331 | persons hunting deer. |
| 332 |
|
| 333 | A person who fails to pay the civil penalty specified in s. |
| 334 | 372.711 within 30 days after being cited for a noncriminal |
| 335 | infraction or to appear before the court pursuant to that |
| 336 | section is guilty of a misdemeanor of the second degree, |
| 337 | punishable as provided in s. 775.082 or s. 775.083. |
| 338 | Section 9. Section 372.674, Florida Statutes, is repealed. |
| 339 | Section 10. Subsection (2) of section 372.672, Florida |
| 340 | Statutes, is amended to read: |
| 341 | 372.672 Florida Panther Research and Management Trust |
| 342 | Fund.-- |
| 343 | (2) Money from the fund shall be spent only for the |
| 344 | following purposes: |
| 345 | (a) To manage and protect existing Florida panther |
| 346 | populations by increasing panther food sources where food is a |
| 347 | limiting factor, determining conflicts between public use and |
| 348 | panther survival, maintaining sufficient genetic variability in |
| 349 | existing populations, and undertaking management and enforcement |
| 350 | activities that protect panther habitat. |
| 351 | (b) To educate the public concerning the value of the |
| 352 | panther and the necessity for panther management. |
| 353 | (c) To reestablish Florida panthers into areas of suitable |
| 354 | habitat, where feasible, by assessing the necessity of a captive |
| 355 | breeding program for purposes of reintroduction of the panthers |
| 356 | into the suitable habitat; selecting potential sites for |
| 357 | reintroduction and investigating associated human sociological |
| 358 | aspects; and assessing the potential for panther habitat |
| 359 | acquisition. |
| 360 | (d) To fund and administer education programs authorized |
| 361 | in s. 372.674. |
| 362 | Section 11. Except as otherwise expressly provided in this |
| 363 | act, this act shall take effect July 1, 2005. |