HB 1367

1
A bill to be entitled
2An act relating to the Fish and Wildlife Conservation
3Commission; amending s. 327.395, F.S.; deleting provisions
4limiting boating safety requirements to people 21 years of
5age or younger; prohibiting any person born after a
6specified date from operating a motor of 10 horsepower or
7greater without having identification and a boater safety
8card issued by the Fish and Wildlife Conservation
9Commission; amending s. 327.803, F.S.; revising certain
10criteria for membership on the Boating Advisory Council;
11requiring the commission, rather than the Governor, to
12make certain appointments to the council; adding issues
13upon which the council makes recommendations to the Fish
14and Wildlife Conservation Commission and the Department of
15Community Affairs; authorizing reimbursement for expenses
16for members of the council; providing for members of the
17council to be removed for cause; amending s. 370.06, F.S.;
18providing for receipt of a saltwater products license
19issued by the Fish and Wildlife Conservation Commission to
20a firm or corporation; clarifying a provision barring
21transfer of a saltwater products license; clarifying a
22provision regarding the annual fee that an individual,
23firm, or corporation must pay for a license; providing for
24an increase in annual saltwater products license fees;
25providing definitions; amending s. 370.13, F.S.; reducing
26certificate transfer fees for 2005-2006; providing for
27establishment of transfer fees in subsequent years;
28reducing surcharge fees for 2005-2006; providing for the
29establishment of surcharge fees in subsequent years;
30authorizing rulemaking by the Fish and Wildlife
31Conservation Commission; amending s. 372.83, F.S.;
32establishing penalties for certain persons who illegally
33take game; creating s. 372.831, F.S.; establishing
34penalties for violations of rules, regulations, or orders
35relating to the use of dogs for hunting wildlife; amending
36s. 372.988, F.S.; applying requirements regarding
37fluorescent orange material to persons hunting on private
38land; reenacting s. 372.83(1), F.S., relating to
39noncriminal infractions relating to wildlife laws, to
40incorporate the amendment to s. 372.988, F.S., in a
41reference thereto; repealing s. 372.674, F.S., relating to
42environmental education and the Advisory Council on
43Environmental Education; amending s. 372.672, F.S.,
44relating to the Florida Panther Research and Management
45Trust Fund, to conform; providing effective dates.
46
47Be 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
5330, 1983, 1980, and on or after October 1, 2001, a person 21
54years of age or younger may not operate a vessel powered by a
55motor of 10 horsepower or greater unless such person has in his
56or her possession aboard the vessel photographic identification
57and a boater safety identification card issued by the commission
58which shows that he or she has:
59     (a)  Completed a commission-approved boater education
60course that meets the minimum 8-hour instruction requirement
61established by the National Association of State Boating Law
62Administrators;
63     (b)  Passed a course equivalency examination approved by
64the commission; or
65     (c)  Passed a temporary certificate examination developed
66or approved by the commission.
67     (7)  A person who violates this section commits is guilty
68of a noncriminal infraction, punishable as provided in s.
69327.73.
70     Section 2.  Section 327.803, Florida Statutes, is amended
71to read:
72     327.803  Boating Advisory Council.--
73     (1)  The Boating Advisory Council is created within the
74Fish and Wildlife Conservation Commission and shall be composed
75of 17 members. The members include:
76     (a)  One representative from the Fish and Wildlife
77Conservation Commission, who shall serve as the chair of the
78council.
79     (b)  One representative each from the Department of
80Environmental Protection, the United States Coast Guard
81Auxiliary, the United States Power Squadron, and the inland
82navigation districts.
83     (c)  One representative of manatee protection interests,
84one representative of the marine industries, two representatives
85of water-related environmental groups, one representative of
86marine manufacturers, one representative of commercial vessel
87owners or operators, one representative of marine special events
88sport boat racing, one representative actively involved and
89working full-time in the scuba diving industry who has
90experience in recreational boating, and two representatives of
91the boating public, each of whom shall be nominated by the
92executive director of the Fish and Wildlife Conservation
93Commission and appointed by the commission Governor to serve
94staggered 3-year 2-year terms. Members appointed by the
95commission may serve no more than two full consecutive terms.
96     (d)  One member of the House of Representatives, who shall
97be appointed by the Speaker of the House of Representatives.
98     (e)  One member of the Senate, who shall be appointed by
99the President of the Senate.
100     (2)  The council shall meet at the call of the chair, at
101the request of a majority of its membership, or at such times as
102may be prescribed by rule.
103     (3)  The purpose of the council is to make recommendations
104to the Fish and Wildlife Conservation Commission and the
105Department of Community Affairs regarding issues affecting the
106boating community, including, but not limited to, issues related
107to:
108     (a)  Boating and diving safety education.
109     (b)  Boating-related facilities, including marinas and boat
110testing facilities.
111     (c)  Boat usage.
112     (d)  Boat access.
113     (e)  Working waterfronts.
114     (4)  Members of the council shall serve without
115compensation but are entitled to reimbursement for expenses as
116provided in s. 112.061.
117     (5)  A vacancy on the council shall be filled for the
118remainder of the unexpired term in the same manner as the
119original appointment. Members whose terms have expired may
120continue 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
123section 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
127of an individual or a valid commercial vessel boat registration
128number. However, a firm or corporation may only receive a
129license issued to a valid commercial vessel registration number.
130A saltwater products license may not be transferred by the
131licenseholder to another individual, firm, or corporation. Such
132license is not transferable. A decal shall be issued with each
133saltwater products license issued to a valid commercial vessel
134boat registration number. The saltwater products license decal
135shall be the same color as the vessel registration decal issued
136each year pursuant to s. 328.48(5) and shall indicate the period
137of time such license is valid. The saltwater products license
138decal shall be placed beside the vessel registration decal and,
139in the case of an undocumented vessel, shall be placed so that
140the vessel registration decal lies between the commercial vessel
141registration number and the saltwater products license decal.
142Any saltwater products license decal for a previous year shall
143be 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
146authorizes only that individual to engage in commercial fishing
147activities from the shore or a vessel: a resident must pay $50;
148a nonresident must pay $200; or an alien must pay $300.
149     2.  For a license issued in the name of an individual which
150authorizes that named individual to engage in commercial fishing
151activities from the shore or a vessel and also authorizes each
152person who is fishing with the named individual aboard a vessel
153to engage in such activities: a resident must pay $150; a
154nonresident must pay $600; or an alien must pay $900.
155     3.  For a license issued to a valid commercial vessel
156registration number which authorizes each person aboard such
157registered vessel to engage in commercial fishing activities: a
158resident, or a resident firm or corporation, must pay $100; a
159nonresident, 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
162corporation means a firm or corporation formed under the laws of
163this state; a nonresident firm or corporation means a firm or
164corporation formed under the laws of any state other than
165Florida; and an alien firm or corporation means a firm or
166corporation organized under any laws other than laws of the
167United States, any United States territory or possession, or any
168state of the United States. A resident shall pay an annual
169license fee of $50 for a saltwater products license issued in
170the name of an individual or $100 for a saltwater products
171license issued to a valid boat registration number. A
172nonresident shall pay an annual license fee of $200 for a
173saltwater products license issued in the name of an individual
174or $400 for a saltwater products license issued to a valid boat
175registration number. An alien shall pay an annual license fee of
176$300 for a saltwater products license issued in the name of an
177individual or $600 for a saltwater products license issued to a
178valid boat registration number.
179     Section 4.  Paragraph (b) of subsection (1) of section
180370.13, 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
185under the requirements of the stone crab trap limitation program
186established by commission rule, there is an annual fee of $.50
187per certificate. Replacement tags for lost or damaged tags cost
188$.50 each, except that tags lost in the event of a major natural
189disaster declared as an emergency disaster by the Governor,
190shall be replaced for the cost of the tag as incurred by the
191commission.
192     2.  For the 2005-2006 fishing year established by rule of
193the commission, the fee for transferring trap certificates is $1
194per certificate transferred, except that the fee for eligible
195crew members is 50 cents per certificate transferred. In
196subsequent fishing years, the commission shall by rule establish
197transfer fees not to exceed $1 per trap certificate transferred
198to eligible crew members and $2 per trap certificate transferred
199to all others. Except for transfers to Eligible crew members
200shall be as determined according to criteria established by rule
201of the commission, the fee for transferring certificates is $2
202per certificate transferred to be paid by the purchaser of the
203certificate or certificates. The transfer fee for eligible crew
204members is $1 per certificate. Payment must be made by money
205order or cashier's check, submitted with the certificate
206transfer form developed by the commission.
207     3.  For the 2005-2006 fishing year established by rule of
208the commission, in addition to the transfer fee, a surcharge of
209$1 $2 per certificate transferred, or 25 percent of the actual
210value of the transferred certificate, whichever is greater, will
211be assessed the first time a certificate is transferred outside
212the original holder's immediate family. In subsequent fishing
213years, the commission shall by rule establish a surcharge fee
214not to exceed $2 per certificate transferred, or a surcharge fee
215of 25 percent of the actual value of the transferred
216certificate, whichever is greater, to be assessed the first time
217a certificate is transferred outside the original holder's
218immediate family.
219     4.  Transfer fees and surcharges only apply to the actual
220number of certificates received by the purchaser. A transfer of
221a certificate is not effective until the commission receives a
222notarized copy of the bill of sale as proof of the actual value
223of the transferred certificate or certificates, which must also
224be submitted with the transfer form and payment.
225     5.  A transfer fee will not be assessed or required when
226the transfer is within a family as a result of the death or
227disability of the certificate owner. A surcharge will not be
228assessed for any transfer within an individual's immediate
229family.
230     Section 5.  Subsection (6) is added to section 372.83,
231Florida Statutes, to read:
232     372.83  Noncriminal infractions; criminal penalties;
233suspension and revocation of licenses and permits.--
234     (6)  Any person required to forfeit a hunting license
235issued pursuant to this chapter and who is temporarily or
236permanently ineligible, or temporarily or permanently prohibited
237from acquiring such a license, and who takes game is subject to
238the following penalties:
239     (a)  A first violation is a misdemeanor of the first
240degree, punishable as provided in s. 775.082 or s. 775.083, with
241a minimum mandatory fine of $500.
242     (b)  A second or subsequent violation is a misdemeanor of
243the first degree, punishable as provided in s. 775.082 or s.
244775.83, with a mandatory fine of $1,000.
245
246For purposes of this subsection, a violation means any judicial
247disposition other than acquittal or dismissal.
248     Section 6.  Section 372.831, Florida Statutes, is created
249to read:
250     372.831  Dog hunting; criminal penalties; forfeiture of
251license.--
252     (1)  Any person who violates rules of the commission or
253other regulations or orders that require the identification of
254dogs used to take wildlife, or written permission from a
255landowner for the use of dogs to take wildlife on that
256landowner's property, is subject to the following penalties:
257     (a)  A second violation within a 3-year period is a
258misdemeanor of the first degree, punishable as provided in s.
259775.082 or s. 775.083, with a minimum mandatory fine of $250.
260     (b)  A third violation within a 4-year period is a
261misdemeanor of the first degree, punishable as provided in s.
262775.082 or s. 775.083, with a minimum mandatory fine of $500 and
263forfeiture of any hunting license issued pursuant to this
264chapter. Any hunting privileges under this chapter may not be
265acquired for a 1-year period following the date of the judicial
266disposition.
267     (c)  A fourth or subsequent violation within a 5-year
268period is a misdemeanor of the first degree, punishable as
269provided 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
271this chapter. Any hunting privileges under this chapter may not
272be acquired for a 3-year period following the date of the
273judicial disposition.
274
275Violations committed before July 1, 2005, are not violations for
276purposes of the penalties in this subsection.
277     (2)  A person who knowingly releases any dog on property
278without written permission from the landowner for the purpose of
279taking deer commits a misdemeanor of the first degree,
280punishable as provided in s. 775.082 or s. 775.083, with a
281mandatory fine of $1,000 and forfeiture of any hunting license
282issued pursuant to this chapter. Any hunting privileges under
283this chapter may not be acquired for a 1-year period following
284the date of the judicial disposition.
285
286For purposes of this section, a violation means any judicial
287disposition other than acquittal or dismissal.
288     Section 7.  Section 372.988, Florida Statutes, is amended
289to read:
290     372.988  Required clothing for persons hunting deer.--It is
291unlawful for any person to hunt deer, or for any person to
292accompany another person hunting deer, during the open season
293for the taking of deer on public or private lands unless each
294person wears shall wear a total of at least 500 square inches of
295daylight fluorescent orange material as an outer garment. Such
296clothing shall be worn above the waistline and may include a
297head covering. The provisions of This section does shall not
298apply to any person hunting deer with a bow and arrow during
299seasons restricted to hunting with a bow and arrow.
300     Section 8.  For the purpose of incorporating the amendments
301made by this act to section 372.988, Florida Statutes, in a
302reference thereto, subsection (1) of section 372.83, Florida
303Statutes, is reenacted to read:
304     372.83  Noncriminal infractions; criminal penalties;
305suspension and revocation of licenses and permits.--
306     (1)  A person is guilty of a noncriminal infraction,
307punishable as provided in s. 372.711, if she or he violates any
308of the following provisions:
309     (a)  Rules, regulations, or orders relating to the filing
310of reports or other documents required of persons who are
311licensed or who hold permits issued by the commission.
312     (b)  Rules, regulations, or orders relating to fish
313management areas.
314     (c)  Rules, regulations, or orders relating to quota hunt
315permits, daily use permits, hunting zone assignments, camping
316restrictions, the use of alcoholic beverages, vehicle use, and
317check station requirements within wildlife management areas or
318other areas managed by the commission.
319     (d)  Rules, regulations, or orders requiring permits free
320of charge to possess captive wildlife for personal use.
321     (e)  Rules, regulations, or orders establishing size or
322slot limits for freshwater game fish.
323     (f)  Rules, regulations, or orders regulating vessel size
324or specifying motor restrictions on specified water bodies.
325     (g)  Rules, regulations, or orders relating to the
326registration of off-road vehicles and airboats operated on state
327lands.
328     (h)  Section 372.57, relating to hunting, fishing, and
329trapping licenses.
330     (i)  Section 372.988, relating to required clothing for
331persons hunting deer.
332
333A person who fails to pay the civil penalty specified in s.
334372.711 within 30 days after being cited for a noncriminal
335infraction or to appear before the court pursuant to that
336section is guilty of a misdemeanor of the second degree,
337punishable 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
340Statutes, is amended to read:
341     372.672  Florida Panther Research and Management Trust
342Fund.--
343     (2)  Money from the fund shall be spent only for the
344following purposes:
345     (a)  To manage and protect existing Florida panther
346populations by increasing panther food sources where food is a
347limiting factor, determining conflicts between public use and
348panther survival, maintaining sufficient genetic variability in
349existing populations, and undertaking management and enforcement
350activities that protect panther habitat.
351     (b)  To educate the public concerning the value of the
352panther and the necessity for panther management.
353     (c)  To reestablish Florida panthers into areas of suitable
354habitat, where feasible, by assessing the necessity of a captive
355breeding program for purposes of reintroduction of the panthers
356into the suitable habitat; selecting potential sites for
357reintroduction and investigating associated human sociological
358aspects; and assessing the potential for panther habitat
359acquisition.
360     (d)  To fund and administer education programs authorized
361in s. 372.674.
362     Section 11.  Except as otherwise expressly provided in this
363act, this act shall take effect July 1, 2005.


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