Senate Bill sb1866
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Florida Senate - 2005 (Corrected Copy) SB 1866
By Senator Smith
14-1003C-05
1 A bill to be entitled
2 An act relating to the Fish and Wildlife
3 Conservation Commission; amending s. 327.395,
4 F.S.; deleting provisions limiting boating
5 safety requirements to people 21 years of age
6 or younger; prohibiting any person born after a
7 specified date from operating a motor of 10
8 horsepower or greater without having
9 identification and a boater safety card issued
10 by the Fish and Wildlife Conservation
11 Commission; amending s. 327.803, F.S.; revising
12 certain criteria for membership on the Boating
13 Advisory Council; requiring the commission,
14 rather than the Governor, to make certain
15 appointments to the council; adding issues upon
16 which the council makes recommendations to the
17 Fish and Wildlife Conservation Commission and
18 the Department of Community Affairs;
19 authorizing reimbursement for expenses for
20 members of the council; providing for members
21 of the council to be removed for cause;
22 amending s. 370.06, F.S.; providing for receipt
23 of a saltwater products license issued by the
24 Fish and Wildlife Conservation Commission to a
25 firm or corporation; clarifying a provision
26 barring transfer of a saltwater products
27 license; clarifying a provision regarding the
28 annual fee that an individual, firm, or
29 corporation must pay for a license; providing
30 for an increase in annual saltwater products
31 license fees; providing definitions; amending
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1 s. 370.13, F.S.; reducing certificate transfer
2 fees for 2005-2006; providing for establishment
3 of transfer fees in subsequent years; reducing
4 surcharge fees for 2005-2006; providing for the
5 establishment of surcharge fees in subsequent
6 years; authorizing rulemaking by the Fish and
7 Wildlife Conservation Commission; amending s.
8 372.83, F.S.; establishing penalties for
9 certain persons who illegally take game;
10 creating s. 372.831, F.S.; establishing
11 penalties for violations of rules, regulations,
12 or orders relating to the use of dogs for
13 hunting wildlife; amending s. 372.988, F.S.;
14 applying requirements regarding fluorescent
15 orange material to persons hunting on private
16 land; reenacting s. 372.83(1), F.S., relating
17 to noncriminal infractions relating to wildlife
18 laws, to incorporate the amendment to s.
19 372.988, F.S., in a reference thereto;
20 repealing s. 372.674, F.S., relating to
21 environmental education and the Advisory
22 Council on Environmental Education; amending s.
23 372.672, F.S., relating to the Florida Panther
24 Research and Management Trust Fund, to conform;
25 providing effective dates.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Effective October 1, 2005, subsections (1)
30 and (7) of section 327.395, Florida Statutes, are amended to
31 read:
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Florida Senate - 2005 (Corrected Copy) SB 1866
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1 327.395 Boating safety identification cards.--
2 (1) Until October 1, 2001, A person born after
3 September 30, 1983, 1980, and on or after October 1, 2001, a
4 person 21 years of age or younger may not operate a vessel
5 powered by a motor of 10 horsepower or greater unless such
6 person has in his or her possession aboard the vessel
7 photographic identification and a boater safety identification
8 card issued by the commission which shows that he or she has:
9 (a) Completed a commission-approved boater education
10 course that meets the minimum 8-hour instruction requirement
11 established by the National Association of State Boating Law
12 Administrators;
13 (b) Passed a course equivalency examination approved
14 by the commission; or
15 (c) Passed a temporary certificate examination
16 developed or approved by the commission.
17 (7) A person who violates this section commits is
18 guilty of a noncriminal infraction, punishable as provided in
19 s. 327.73.
20 Section 2. Section 327.803, Florida Statutes, is
21 amended to read:
22 327.803 Boating Advisory Council.--
23 (1) The Boating Advisory Council is created within the
24 Fish and Wildlife Conservation Commission and shall be
25 composed of 17 members. The members include:
26 (a) One representative from the Fish and Wildlife
27 Conservation Commission, who shall serve as the chair of the
28 council.
29 (b) One representative each from the Department of
30 Environmental Protection, the United States Coast Guard
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1 Auxiliary, the United States Power Squadron, and the inland
2 navigation districts.
3 (c) One representative of manatee protection
4 interests, one representative of the marine industries, two
5 representatives of water-related environmental groups, one
6 representative of marine manufacturers, one representative of
7 commercial vessel owners or operators, one representative of
8 marine special events sport boat racing, one representative
9 actively involved and working full-time in the scuba diving
10 industry who has experience in recreational boating, and two
11 representatives of the boating public, each of whom shall be
12 nominated by the executive director of the Fish and Wildlife
13 Conservation Commission and appointed by the commission
14 Governor to serve staggered 3-year 2-year terms. Members
15 appointed by the commission may serve no more than two full
16 consecutive terms.
17 (d) One member of the House of Representatives, who
18 shall be appointed by the Speaker of the House of
19 Representatives.
20 (e) One member of the Senate, who shall be appointed
21 by the President of the Senate.
22 (2) The council shall meet at the call of the chair,
23 at the request of a majority of its membership, or at such
24 times as may be prescribed by rule.
25 (3) The purpose of the council is to make
26 recommendations to the Fish and Wildlife Conservation
27 Commission and the Department of Community Affairs regarding
28 issues affecting the boating community, including, but not
29 limited to, issues related to:
30 (a) Boating and diving safety education.
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1 (b) Boating-related facilities, including marinas and
2 boat testing facilities.
3 (c) Boat usage.
4 (d) Boat access.
5 (e) Working waterfronts.
6 (4) Members of the council shall serve without
7 compensation but are entitled to reimbursement for expenses as
8 provided in s. 112.061.
9 (5) A vacancy on the council shall be filled for the
10 remainder of the unexpired term in the same manner as the
11 original appointment. Members whose terms have expired may
12 continue to serve until replaced or reappointed.
13 (6) Members of the council may be removed for cause.
14 Section 3. Paragraphs (d) and (e) of subsection (2) of
15 section 370.06, Florida Statutes, are amended to read:
16 370.06 Licenses.--
17 (2) SALTWATER PRODUCTS LICENSE.--
18 (d) A saltwater products license may be issued in the
19 name of an individual or a valid commercial vessel boat
20 registration number. However, a firm or corporation may only
21 receive a license issued to a valid commercial vessel
22 registration number. A saltwater products license may not be
23 transferred by the licenseholder to another individual, firm,
24 or corporation. Such license is not transferable. A decal
25 shall be issued with each saltwater products license issued to
26 a valid commercial vessel boat registration number. The
27 saltwater products license decal shall be the same color as
28 the vessel registration decal issued each year pursuant to s.
29 328.48(5) and shall indicate the period of time such license
30 is valid. The saltwater products license decal shall be placed
31 beside the vessel registration decal and, in the case of an
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1 undocumented vessel, shall be placed so that the vessel
2 registration decal lies between the commercial vessel
3 registration number and the saltwater products license decal.
4 Any saltwater products license decal for a previous year shall
5 be removed from a vessel operating on the waters of the state.
6 (e) The annual fee for a saltwater products license
7 is:
8 1. For a license issued in the name of an individual
9 which authorizes only that individual to engage in commercial
10 fishing activities from the shore or a vessel: a resident must
11 pay $50; a nonresident must pay $200; or an alien must pay
12 $300.
13 2. For a license issued in the name of an individual
14 which authorizes that named individual to engage in commercial
15 fishing activities from the shore or a vessel and also
16 authorizes each person who is fishing with the named
17 individual aboard a vessel to engage in such activities: a
18 resident must pay $150; a nonresident must pay $600; or an
19 alien must pay $900.
20 3. For a license issued to a valid commercial vessel
21 registration number which authorizes each person aboard such
22 registered vessel to engage in commercial fishing activities:
23 a resident, or a resident firm or corporation, must pay $100;
24 a nonresident, or a nonresident firm or corporation, must pay
25 $400; or an alien, or an alien firm or corporation, must pay
26 $600. For purposes of this subparagraph, a resident firm or
27 corporation means a firm or corporation formed under the laws
28 of this state; a nonresident firm or corporation means a firm
29 or corporation formed under the laws of any state other than
30 Florida; and an alien firm or corporation means a firm or
31 corporation organized under any laws other than laws of the
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1 United States, any United States territory or possession, or
2 any state of the United States. A resident shall pay an annual
3 license fee of $50 for a saltwater products license issued in
4 the name of an individual or $100 for a saltwater products
5 license issued to a valid boat registration number. A
6 nonresident shall pay an annual license fee of $200 for a
7 saltwater products license issued in the name of an individual
8 or $400 for a saltwater products license issued to a valid
9 boat registration number. An alien shall pay an annual license
10 fee of $300 for a saltwater products license issued in the
11 name of an individual or $600 for a saltwater products license
12 issued to a valid boat registration number.
13 Section 4. Paragraph (b) of subsection (1) of section
14 370.13, Florida Statutes, is amended to read:
15 370.13 Stone crab; regulation.--
16 (1) FEES AND EQUITABLE RENT.--
17 (b) Certificate fees.--
18 1. For each trap certificate issued by the commission
19 under the requirements of the stone crab trap limitation
20 program established by commission rule, there is an annual fee
21 of $.50 per certificate. Replacement tags for lost or damaged
22 tags cost $.50 each, except that tags lost in the event of a
23 major natural disaster declared as an emergency disaster by
24 the Governor, shall be replaced for the cost of the tag as
25 incurred by the commission.
26 2. For the 2005-2006 fishing year established by rule
27 of the commission, the fee for transferring trap certificates
28 is $1 per certificate transferred, except that the fee for
29 eligible crew members is 50 cents per certificate transferred.
30 In subsequent fishing years, the commission shall by rule
31 establish transfer fees not to exceed $1 per trap certificate
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1 transferred to eligible crew members and $2 per trap
2 certificate transferred to all others. Except for transfers to
3 Eligible crew members shall be as determined according to
4 criteria established by rule of the commission, the fee for
5 transferring certificates is $2 per certificate transferred to
6 be paid by the purchaser of the certificate or certificates.
7 The transfer fee for eligible crew members is $1 per
8 certificate. Payment must be made by money order or cashier's
9 check, submitted with the certificate transfer form developed
10 by the commission.
11 3. For the 2005-2006 fishing year established by rule
12 of the commission, in addition to the transfer fee, a
13 surcharge of $1 $2 per certificate transferred, or 25 percent
14 of the actual value of the transferred certificate, whichever
15 is greater, will be assessed the first time a certificate is
16 transferred outside the original holder's immediate family. In
17 subsequent fishing years, the commission shall by rule
18 establish a surcharge fee not to exceed $2 per certificate
19 transferred, or a surcharge fee of 25 percent of the actual
20 value of the transferred certificate, whichever is greater, to
21 be assessed the first time a certificate is transferred
22 outside the original holder's immediate family.
23 4. Transfer fees and surcharges only apply to the
24 actual number of certificates received by the purchaser. A
25 transfer of a certificate is not effective until the
26 commission receives a notarized copy of the bill of sale as
27 proof of the actual value of the transferred certificate or
28 certificates, which must also be submitted with the transfer
29 form and payment.
30 5. A transfer fee will not be assessed or required
31 when the transfer is within a family as a result of the death
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1 or disability of the certificate owner. A surcharge will not
2 be assessed for any transfer within an individual's immediate
3 family.
4 Section 5. Subsection (6) is added to section 372.83,
5 Florida Statutes, to read:
6 372.83 Noncriminal infractions; criminal penalties;
7 suspension and revocation of licenses and permits.--
8 (6) Any person required to forfeit a hunting license
9 issued pursuant to this chapter and who is temporarily or
10 permanently ineligible, or temporarily or permanently
11 prohibited from acquiring such a license, and who takes game
12 is subject to the following penalties:
13 (a) A first violation is a misdemeanor of the first
14 degree, punishable as provided in s. 775.082 or s. 775.083,
15 with a minimum mandatory fine of $500.
16 (b) A second or subsequent violation is a misdemeanor
17 of the first degree, punishable as provided in s. 775.082 or
18 s. 775.83, with a mandatory fine of $1,000.
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20 For purposes of this subsection, a violation means any
21 judicial disposition other than acquittal or dismissal.
22 Section 6. Section 372.831, Florida Statutes, is
23 created to read:
24 372.831 Dog hunting; criminal penalties; forfeiture of
25 license.--
26 (1) Any person who violates rules of the commission or
27 other regulations or orders that require the identification of
28 dogs used to take wildlife, or written permission from a
29 landowner for the use of dogs to take wildlife on that
30 landowner's property, is subject to the following penalties:
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1 (a) A second violation within a 3-year period is a
2 misdemeanor of the first degree, punishable as provided in s.
3 775.082 or s. 775.083, with a minimum mandatory fine of $250.
4 (b) A third violation within a 4-year period is a
5 misdemeanor of the first degree, punishable as provided in s.
6 775.082 or s. 775.083, with a minimum mandatory fine of $500
7 and forfeiture of any hunting license issued pursuant to this
8 chapter. Any hunting privileges under this chapter may not be
9 acquired for a 1-year period following the date of the
10 judicial disposition.
11 (c) A fourth or subsequent violation within a 5-year
12 period is a misdemeanor of the first degree, punishable as
13 provided in s. 775.082 or s. 775.083, with a mandatory fine of
14 $1,000 and forfeiture of any hunting license issued pursuant
15 to this chapter. Any hunting privileges under this chapter may
16 not be acquired for a 3-year period following the date of the
17 judicial disposition.
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19 Violations committed before July 1, 2005, are not violations
20 for purposes of the penalties in this subsection.
21 (2) A person who knowingly releases any dog on
22 property without written permission from the landowner for the
23 purpose of taking deer commits a misdemeanor of the first
24 degree, punishable as provided in s. 775.082 or s. 775.083,
25 with a mandatory fine of $1,000 and forfeiture of any hunting
26 license issued pursuant to this chapter. Any hunting
27 privileges under this chapter may not be acquired for a 1-year
28 period following the date of the judicial disposition.
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30 For purposes of this section, a violation means any judicial
31 disposition other than acquittal or dismissal.
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1 Section 7. Section 372.988, Florida Statutes, is
2 amended to read:
3 372.988 Required clothing for persons hunting
4 deer.--It is unlawful for any person to hunt deer, or for any
5 person to accompany another person hunting deer, during the
6 open season for the taking of deer on public or private lands
7 unless each person wears shall wear a total of at least 500
8 square inches of daylight fluorescent orange material as an
9 outer garment. Such clothing shall be worn above the
10 waistline and may include a head covering. The provisions of
11 This section does shall not apply to any person hunting deer
12 with a bow and arrow during seasons restricted to hunting with
13 a bow and arrow.
14 Section 8. For the purpose of incorporating the
15 amendments made by this act to section 372.988, Florida
16 Statutes, in a reference thereto, subsection (1) of section
17 372.83, Florida Statutes, is reenacted to read:
18 372.83 Noncriminal infractions; criminal penalties;
19 suspension and revocation of licenses and permits.--
20 (1) A person is guilty of a noncriminal infraction,
21 punishable as provided in s. 372.711, if she or he violates
22 any of the following provisions:
23 (a) Rules, regulations, or orders relating to the
24 filing of reports or other documents required of persons who
25 are licensed or who hold permits issued by the commission.
26 (b) Rules, regulations, or orders relating to fish
27 management areas.
28 (c) Rules, regulations, or orders relating to quota
29 hunt permits, daily use permits, hunting zone assignments,
30 camping restrictions, the use of alcoholic beverages, vehicle
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1 use, and check station requirements within wildlife management
2 areas or other areas managed by the commission.
3 (d) Rules, regulations, or orders requiring permits
4 free of charge to possess captive wildlife for personal use.
5 (e) Rules, regulations, or orders establishing size or
6 slot limits for freshwater game fish.
7 (f) Rules, regulations, or orders regulating vessel
8 size or specifying motor restrictions on specified water
9 bodies.
10 (g) Rules, regulations, or orders relating to the
11 registration of off-road vehicles and airboats operated on
12 state lands.
13 (h) Section 372.57, relating to hunting, fishing, and
14 trapping licenses.
15 (i) Section 372.988, relating to required clothing for
16 persons hunting deer.
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18 A person who fails to pay the civil penalty specified in s.
19 372.711 within 30 days after being cited for a noncriminal
20 infraction or to appear before the court pursuant to that
21 section is guilty of a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 Section 9. Section 372.674, Florida Statutes, is
24 repealed.
25 Section 10. Subsection (2) of section 372.672, Florida
26 Statutes, is amended to read:
27 372.672 Florida Panther Research and Management Trust
28 Fund.--
29 (2) Money from the fund shall be spent only for the
30 following purposes:
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1 (a) To manage and protect existing Florida panther
2 populations by increasing panther food sources where food is a
3 limiting factor, determining conflicts between public use and
4 panther survival, maintaining sufficient genetic variability
5 in existing populations, and undertaking management and
6 enforcement activities that protect panther habitat.
7 (b) To educate the public concerning the value of the
8 panther and the necessity for panther management.
9 (c) To reestablish Florida panthers into areas of
10 suitable habitat, where feasible, by assessing the necessity
11 of a captive breeding program for purposes of reintroduction
12 of the panthers into the suitable habitat; selecting potential
13 sites for reintroduction and investigating associated human
14 sociological aspects; and assessing the potential for panther
15 habitat acquisition.
16 (d) To fund and administer education programs
17 authorized in s. 372.674.
18 Section 11. Except as otherwise expressly provided in
19 this act, this act shall take effect July 1, 2005.
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2 SENATE SUMMARY
3 Deletes a provision that limits boater safety rules to
those who are 21 and under. Requires that all persons
4 born after September 30, 1983, and operating a vessel
that meets specific criteria have photographic
5 identification and a boater safety identification card.
Revises criteria for membership on the Boating Advisory
6 Council. Requires the Fish and Wildlife Conservation
Commission, rather than the Governor, to make certain
7 appointments to the council. Adds issues upon which the
council makes recommendations to the Fish and Wildlife
8 Conservation Commission and the Department of Community
Affairs. Authorizes reimbursement of expenses of a member
9 of the council. Authorizes removal of a member of the
council. Clarifies a prohibition against transferring a
10 saltwater products license. Increases the annual
saltwater products license fees. Provides penalties for
11 taking game while under a forfeited license. Provides
penalties for violating rules of the commission governing
12 the use of dogs to take wildlife. Requires hunters to
wear fluorescent orange while hunting on private land.
13 (See bill for details.)
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