HB 1367CS

CHAMBER ACTION




1The Environmental Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Fish and Wildlife Conservation
7Commission; amending s. 327.803, F.S.; revising the
8membership of the Boating Advisory Council; increasing the
9terms of office of members appointed by the Governor and
10limiting the number of consecutive terms they may serve;
11adding issues upon which the council makes recommendations
12to the commission and the Department of Community Affairs;
13authorizing reimbursement of expenses for members of the
14council; providing for the filling of vacancies; providing
15for members of the council to be removed for cause;
16amending s. 370.06, F.S.; providing for receipt of a
17saltwater products license issued by the commission to a
18firm or corporation; revising a provision barring transfer
19of a saltwater products license; revising a provision
20regarding the annual fee that an individual, firm, or
21corporation must pay for a license; providing for an
22increase in annual saltwater products license fees;
23providing definitions; amending s. 370.13, F.S.; reducing
24stone crab trap certificate transfer fees; reducing
25surcharge fees; amending s. 372.574, F.S.; requiring
26subagents to provide individuals purchasing certain
27licenses the opportunity to register to vote or update
28voter registration information; requiring subagents to
29transmit completed forms to the supervisors of elections
30in their respective counties; requiring the supervisor of
31elections in each county to provide such forms; repealing
32s. 372.674, F.S., relating to environmental education and
33the Advisory Council on Environmental Education; amending
34s. 372.672, F.S., relating to the Florida Panther Research
35and Management Trust Fund, to conform; providing an
36effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Section 327.803, Florida Statutes, is amended
41to read:
42     327.803  Boating Advisory Council.--
43     (1)  The Boating Advisory Council is created within the
44Fish and Wildlife Conservation Commission and shall be composed
45of 18 17 members. The members include:
46     (a)  One representative from the Fish and Wildlife
47Conservation Commission, who shall serve as the chair of the
48council.
49     (b)  One representative each from the Department of
50Environmental Protection, the United States Coast Guard
51Auxiliary, the United States Power Squadron, and the inland
52navigation districts.
53     (c)  One representative of manatee protection interests,
54one representative of the marine industries, one representative
55two representatives of water-related environmental groups, one
56representative of canoe or kayak enthusiasts, one representative
57of marine manufacturers, one representative of commercial vessel
58owners or operators, one representative of marine special events
59sport boat racing, one representative actively involved and
60working full-time in the scuba diving industry who has
61experience in recreational boating, one representative of either
62the commercial fishing industry or the commercial shellfishing
63industry, and two representatives of the boating public, each of
64whom shall be nominated by the executive director of the Fish
65and Wildlife Conservation Commission and appointed by the
66Governor to serve staggered 3-year 2-year terms. Members
67appointed by the Governor may serve no more than two full
68consecutive terms.
69     (d)  One member of the House of Representatives, who shall
70be appointed by the Speaker of the House of Representatives.
71     (e)  One member of the Senate, who shall be appointed by
72the President of the Senate.
73     (2)  The council shall meet at the call of the chair, at
74the request of a majority of its membership, or at such times as
75may be prescribed by rule.
76     (3)  The purpose of the council is to make recommendations
77to the Fish and Wildlife Conservation Commission and the
78Department of Community Affairs regarding issues affecting the
79boating community, including, but not limited to, issues related
80to:
81     (a)  Boating and diving safety education.
82     (b)  Boating-related facilities, including marinas and boat
83testing facilities.
84     (c)  Boat usage.
85     (d)  Boat access.
86     (e)  Working waterfronts.
87     (4)  Members of the council shall serve without
88compensation but are entitled to reimbursement of expenses as
89provided in s. 112.061.
90     (5)  A vacancy on the council shall be filled for the
91remainder of the unexpired term in the same manner as the
92original appointment. Members whose terms have expired may
93continue to serve until replaced or reappointed.
94     (6)  Members of the council may be removed for cause.
95     Section 2.  Paragraphs (d) and (e) of subsection (2) of
96section 370.06, Florida Statutes, are amended to read:
97     370.06  Licenses.--
98     (2)  SALTWATER PRODUCTS LICENSE.--
99     (d)  A saltwater products license may be issued in the name
100of an individual or a valid commercial vessel boat registration
101number. However, a firm or corporation may only receive a
102license issued to a valid commercial vessel registration number.
103A saltwater products license may not be transferred by the
104licenseholder to another individual, firm, or corporation. Such
105license is not transferable. A decal shall be issued with each
106saltwater products license issued to a valid commercial vessel
107boat registration number. The saltwater products license decal
108shall be the same color as the vessel registration decal issued
109each year pursuant to s. 328.48(5) and shall indicate the period
110of time such license is valid. The saltwater products license
111decal shall be placed beside the vessel registration decal and,
112in the case of an undocumented vessel, shall be placed so that
113the vessel registration decal lies between the commercial vessel
114registration number and the saltwater products license decal.
115Any saltwater products license decal for a previous year shall
116be removed from a vessel operating on the waters of the state.
117     (e)  The annual fee for a saltwater products license is:
118     1.  For a license issued in the name of an individual which
119authorizes only that individual to engage in commercial fishing
120activities from the shore or a vessel: a resident must pay $50;
121a nonresident must pay $200; or an alien must pay $300.
122     2.  For a license issued in the name of an individual which
123authorizes that named individual to engage in commercial fishing
124activities from the shore or a vessel and also authorizes each
125person who is fishing with the named individual aboard a vessel
126to engage in such activities: a resident must pay $150; a
127nonresident must pay $600; or an alien must pay $900.
128     3.  For a license issued to a valid commercial vessel
129registration number which authorizes each person aboard such
130registered vessel to engage in commercial fishing activities: a
131resident, or a resident firm or corporation, must pay $100; a
132nonresident, or a nonresident firm or corporation, must pay
133$400; or an alien, or an alien firm or corporation, must pay
134$600. For purposes of this subparagraph, a resident firm or
135corporation means a firm or corporation formed under the laws of
136this state; a nonresident firm or corporation means a firm or
137corporation formed under the laws of any state other than
138Florida; and an alien firm or corporation means a firm or
139corporation organized under any laws other than laws of the
140United States, any United States territory or possession, or any
141state of the United States. A resident shall pay an annual
142license fee of $50 for a saltwater products license issued in
143the name of an individual or $100 for a saltwater products
144license issued to a valid boat registration number. A
145nonresident shall pay an annual license fee of $200 for a
146saltwater products license issued in the name of an individual
147or $400 for a saltwater products license issued to a valid boat
148registration number. An alien shall pay an annual license fee of
149$300 for a saltwater products license issued in the name of an
150individual or $600 for a saltwater products license issued to a
151valid boat registration number.
152     Section 3.  Paragraph (b) of subsection (1) of section
153370.13, Florida Statutes, is amended to read:
154     370.13  Stone crab; regulation.--
155     (1)  FEES AND EQUITABLE RENT.--
156     (b)  Certificate fees.--
157     1.  For each trap certificate issued by the commission
158under the requirements of the stone crab trap limitation program
159established by commission rule, there is an annual fee of $.50
160per certificate. Replacement tags for lost or damaged tags cost
161$.50 each, except that tags lost in the event of a major natural
162disaster declared as an emergency disaster by the Governor shall
163be replaced for the cost of the tag as incurred by the
164commission.
165     2.  The fee for transferring trap certificates is $1 per
166certificate transferred, except that the fee for eligible crew
167members is 50 cents per certificate transferred. Except for
168transfers to Eligible crew members shall be as determined
169according to criteria established by rule of the commission, the
170fee for transferring certificates is $2 per certificate
171transferred to be paid by the purchaser of the certificate or
172certificates. The transfer fee for eligible crew members is $1
173per certificate. Payment must be made by money order or
174cashier's check, submitted with the certificate transfer form
175developed by the commission.
176     3.  In addition to the transfer fee, a surcharge of $1 $2
177per certificate transferred, or 25 percent of the actual value
178of the transferred certificate, whichever is greater, will be
179assessed the first time a certificate is transferred outside the
180original holder's immediate family.
181     4.  Transfer fees and surcharges only apply to the actual
182number of certificates received by the purchaser. A transfer of
183a certificate is not effective until the commission receives a
184notarized copy of the bill of sale as proof of the actual value
185of the transferred certificate or certificates, which must also
186be submitted with the transfer form and payment.
187     5.  A transfer fee will not be assessed or required when
188the transfer is within a family as a result of the death or
189disability of the certificate owner. A surcharge will not be
190assessed for any transfer within an individual's immediate
191family.
192     Section 4.  Subsection (4) is added to section 372.574,
193Florida Statutes, to read:
194     372.574  Appointment of subagents for the sale of hunting,
195fishing, and trapping licenses and permits.--
196     (4)  All subagents appointed under this section shall
197provide the opportunity to register to vote or to update a voter
198registration record to each individual who comes to a subagent
199to purchase any resident hunting, fishing, or combination
200license. Each subagent shall provide each individual with a
201voter registration application that shall be provided to the
202subagent by the voter registration office in his or her
203respective county. Each subagent shall transmit completed voter
204registration applications to the supervisor of elections in his
205or her county within 5 business days.
206     Section 5.  Section 372.674, Florida Statutes, is repealed.
207     Section 6.  Paragraph (d) of subsection (2) of section
208372.672, Florida Statutes, is amended to read:
209     372.672  Florida Panther Research and Management Trust
210Fund.--
211     (2)  Money from the fund shall be spent only for the
212following purposes:
213     (d)  To fund and administer education programs authorized
214in s. 372.674.
215     Section 7.  This act shall take effect July 1, 2005.


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