| 1 | The Environmental Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Fish and Wildlife Conservation |
| 7 | Commission; amending s. 327.803, F.S.; revising the |
| 8 | membership of the Boating Advisory Council; increasing the |
| 9 | terms of office of members appointed by the Governor and |
| 10 | limiting the number of consecutive terms they may serve; |
| 11 | adding issues upon which the council makes recommendations |
| 12 | to the commission and the Department of Community Affairs; |
| 13 | authorizing reimbursement of expenses for members of the |
| 14 | council; providing for the filling of vacancies; providing |
| 15 | for members of the council to be removed for cause; |
| 16 | amending s. 370.06, F.S.; providing for receipt of a |
| 17 | saltwater products license issued by the commission to a |
| 18 | firm or corporation; revising a provision barring transfer |
| 19 | of a saltwater products license; revising a provision |
| 20 | regarding the annual fee that an individual, firm, or |
| 21 | corporation must pay for a license; providing for an |
| 22 | increase in annual saltwater products license fees; |
| 23 | providing definitions; amending s. 370.13, F.S.; reducing |
| 24 | stone crab trap certificate transfer fees; reducing |
| 25 | surcharge fees; amending s. 372.574, F.S.; requiring |
| 26 | subagents to provide individuals purchasing certain |
| 27 | licenses the opportunity to register to vote or update |
| 28 | voter registration information; requiring subagents to |
| 29 | transmit completed forms to the supervisors of elections |
| 30 | in their respective counties; requiring the supervisor of |
| 31 | elections in each county to provide such forms; repealing |
| 32 | s. 372.674, F.S., relating to environmental education and |
| 33 | the Advisory Council on Environmental Education; amending |
| 34 | s. 372.672, F.S., relating to the Florida Panther Research |
| 35 | and Management Trust Fund, to conform; providing an |
| 36 | effective date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Section 327.803, Florida Statutes, is amended |
| 41 | to read: |
| 42 | 327.803 Boating Advisory Council.-- |
| 43 | (1) The Boating Advisory Council is created within the |
| 44 | Fish and Wildlife Conservation Commission and shall be composed |
| 45 | of 18 17 members. The members include: |
| 46 | (a) One representative from the Fish and Wildlife |
| 47 | Conservation Commission, who shall serve as the chair of the |
| 48 | council. |
| 49 | (b) One representative each from the Department of |
| 50 | Environmental Protection, the United States Coast Guard |
| 51 | Auxiliary, the United States Power Squadron, and the inland |
| 52 | navigation districts. |
| 53 | (c) One representative of manatee protection interests, |
| 54 | one representative of the marine industries, one representative |
| 55 | two representatives of water-related environmental groups, one |
| 56 | representative of canoe or kayak enthusiasts, one representative |
| 57 | of marine manufacturers, one representative of commercial vessel |
| 58 | owners or operators, one representative of marine special events |
| 59 | sport boat racing, one representative actively involved and |
| 60 | working full-time in the scuba diving industry who has |
| 61 | experience in recreational boating, one representative of either |
| 62 | the commercial fishing industry or the commercial shellfishing |
| 63 | industry, and two representatives of the boating public, each of |
| 64 | whom shall be nominated by the executive director of the Fish |
| 65 | and Wildlife Conservation Commission and appointed by the |
| 66 | Governor to serve staggered 3-year 2-year terms. Members |
| 67 | appointed by the Governor may serve no more than two full |
| 68 | consecutive terms. |
| 69 | (d) One member of the House of Representatives, who shall |
| 70 | be appointed by the Speaker of the House of Representatives. |
| 71 | (e) One member of the Senate, who shall be appointed by |
| 72 | the President of the Senate. |
| 73 | (2) The council shall meet at the call of the chair, at |
| 74 | the request of a majority of its membership, or at such times as |
| 75 | may be prescribed by rule. |
| 76 | (3) The purpose of the council is to make recommendations |
| 77 | to the Fish and Wildlife Conservation Commission and the |
| 78 | Department of Community Affairs regarding issues affecting the |
| 79 | boating community, including, but not limited to, issues related |
| 80 | to: |
| 81 | (a) Boating and diving safety education. |
| 82 | (b) Boating-related facilities, including marinas and boat |
| 83 | testing facilities. |
| 84 | (c) Boat usage. |
| 85 | (d) Boat access. |
| 86 | (e) Working waterfronts. |
| 87 | (4) Members of the council shall serve without |
| 88 | compensation but are entitled to reimbursement of expenses as |
| 89 | provided in s. 112.061. |
| 90 | (5) A vacancy on the council shall be filled for the |
| 91 | remainder of the unexpired term in the same manner as the |
| 92 | original appointment. Members whose terms have expired may |
| 93 | continue 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 |
| 96 | section 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 |
| 100 | of an individual or a valid commercial vessel boat registration |
| 101 | number. However, a firm or corporation may only receive a |
| 102 | license issued to a valid commercial vessel registration number. |
| 103 | A saltwater products license may not be transferred by the |
| 104 | licenseholder to another individual, firm, or corporation. Such |
| 105 | license is not transferable. A decal shall be issued with each |
| 106 | saltwater products license issued to a valid commercial vessel |
| 107 | boat registration number. The saltwater products license decal |
| 108 | shall be the same color as the vessel registration decal issued |
| 109 | each year pursuant to s. 328.48(5) and shall indicate the period |
| 110 | of time such license is valid. The saltwater products license |
| 111 | decal shall be placed beside the vessel registration decal and, |
| 112 | in the case of an undocumented vessel, shall be placed so that |
| 113 | the vessel registration decal lies between the commercial vessel |
| 114 | registration number and the saltwater products license decal. |
| 115 | Any saltwater products license decal for a previous year shall |
| 116 | be 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 |
| 119 | authorizes only that individual to engage in commercial fishing |
| 120 | activities from the shore or a vessel: a resident must pay $50; |
| 121 | a nonresident must pay $200; or an alien must pay $300. |
| 122 | 2. For a license issued in the name of an individual which |
| 123 | authorizes that named individual to engage in commercial fishing |
| 124 | activities from the shore or a vessel and also authorizes each |
| 125 | person who is fishing with the named individual aboard a vessel |
| 126 | to engage in such activities: a resident must pay $150; a |
| 127 | nonresident must pay $600; or an alien must pay $900. |
| 128 | 3. For a license issued to a valid commercial vessel |
| 129 | registration number which authorizes each person aboard such |
| 130 | registered vessel to engage in commercial fishing activities: a |
| 131 | resident, or a resident firm or corporation, must pay $100; a |
| 132 | nonresident, 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 |
| 135 | corporation means a firm or corporation formed under the laws of |
| 136 | this state; a nonresident firm or corporation means a firm or |
| 137 | corporation formed under the laws of any state other than |
| 138 | Florida; and an alien firm or corporation means a firm or |
| 139 | corporation organized under any laws other than laws of the |
| 140 | United States, any United States territory or possession, or any |
| 141 | state of the United States. A resident shall pay an annual |
| 142 | license fee of $50 for a saltwater products license issued in |
| 143 | the name of an individual or $100 for a saltwater products |
| 144 | license issued to a valid boat registration number. A |
| 145 | nonresident shall pay an annual license fee of $200 for a |
| 146 | saltwater products license issued in the name of an individual |
| 147 | or $400 for a saltwater products license issued to a valid boat |
| 148 | registration number. An alien shall pay an annual license fee of |
| 149 | $300 for a saltwater products license issued in the name of an |
| 150 | individual or $600 for a saltwater products license issued to a |
| 151 | valid boat registration number. |
| 152 | Section 3. Paragraph (b) of subsection (1) of section |
| 153 | 370.13, 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 |
| 158 | under the requirements of the stone crab trap limitation program |
| 159 | established by commission rule, there is an annual fee of $.50 |
| 160 | per certificate. Replacement tags for lost or damaged tags cost |
| 161 | $.50 each, except that tags lost in the event of a major natural |
| 162 | disaster declared as an emergency disaster by the Governor shall |
| 163 | be replaced for the cost of the tag as incurred by the |
| 164 | commission. |
| 165 | 2. The fee for transferring trap certificates is $1 per |
| 166 | certificate transferred, except that the fee for eligible crew |
| 167 | members is 50 cents per certificate transferred. Except for |
| 168 | transfers to Eligible crew members shall be as determined |
| 169 | according to criteria established by rule of the commission, the |
| 170 | fee for transferring certificates is $2 per certificate |
| 171 | transferred to be paid by the purchaser of the certificate or |
| 172 | certificates. The transfer fee for eligible crew members is $1 |
| 173 | per certificate. Payment must be made by money order or |
| 174 | cashier's check, submitted with the certificate transfer form |
| 175 | developed by the commission. |
| 176 | 3. In addition to the transfer fee, a surcharge of $1 $2 |
| 177 | per certificate transferred, or 25 percent of the actual value |
| 178 | of the transferred certificate, whichever is greater, will be |
| 179 | assessed the first time a certificate is transferred outside the |
| 180 | original holder's immediate family. |
| 181 | 4. Transfer fees and surcharges only apply to the actual |
| 182 | number of certificates received by the purchaser. A transfer of |
| 183 | a certificate is not effective until the commission receives a |
| 184 | notarized copy of the bill of sale as proof of the actual value |
| 185 | of the transferred certificate or certificates, which must also |
| 186 | be submitted with the transfer form and payment. |
| 187 | 5. A transfer fee will not be assessed or required when |
| 188 | the transfer is within a family as a result of the death or |
| 189 | disability of the certificate owner. A surcharge will not be |
| 190 | assessed for any transfer within an individual's immediate |
| 191 | family. |
| 192 | Section 4. Subsection (4) is added to section 372.574, |
| 193 | Florida Statutes, to read: |
| 194 | 372.574 Appointment of subagents for the sale of hunting, |
| 195 | fishing, and trapping licenses and permits.-- |
| 196 | (4) All subagents appointed under this section shall |
| 197 | provide the opportunity to register to vote or to update a voter |
| 198 | registration record to each individual who comes to a subagent |
| 199 | to purchase any resident hunting, fishing, or combination |
| 200 | license. Each subagent shall provide each individual with a |
| 201 | voter registration application that shall be provided to the |
| 202 | subagent by the voter registration office in his or her |
| 203 | respective county. Each subagent shall transmit completed voter |
| 204 | registration applications to the supervisor of elections in his |
| 205 | or 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 |
| 208 | 372.672, Florida Statutes, is amended to read: |
| 209 | 372.672 Florida Panther Research and Management Trust |
| 210 | Fund.-- |
| 211 | (2) Money from the fund shall be spent only for the |
| 212 | following purposes: |
| 213 | (d) To fund and administer education programs authorized |
| 214 | in s. 372.674. |
| 215 | Section 7. This act shall take effect July 1, 2005. |