| 1 | A bill to be entitled |
| 2 | An act relating to regulating natural resources; amending |
| 3 | s. 327.803, F.S.; revising the membership of the Boating |
| 4 | Advisory Council; increasing the terms of office of |
| 5 | members appointed by the Governor and limiting the number |
| 6 | of consecutive terms they may serve; adding issues upon |
| 7 | which the council makes recommendations to the commission |
| 8 | and the Department of Community Affairs; authorizing |
| 9 | reimbursement of expenses for members of the council; |
| 10 | providing for the filling of vacancies; providing for |
| 11 | members of the council to be removed for cause; amending |
| 12 | s. 370.06, F.S.; providing for receipt of a saltwater |
| 13 | products license issued by the commission to a firm or |
| 14 | corporation; revising a provision barring transfer of a |
| 15 | saltwater products license; revising a provision regarding |
| 16 | the annual fee that an individual, firm, or corporation |
| 17 | must pay for a license; providing for an increase in |
| 18 | annual saltwater products license fees; providing |
| 19 | definitions; amending s. 370.13, F.S.; reducing stone crab |
| 20 | trap certificate transfer fees; reducing surcharge fees; |
| 21 | repealing s. 372.674, F.S., relating to environmental |
| 22 | education and the Advisory Council on Environmental |
| 23 | Education; amending s. 372.672, F.S., relating to the |
| 24 | Florida Panther Research and Management Trust Fund, to |
| 25 | conform; amending s. 373.118, F.S.; authorizing the |
| 26 | Department of Environmental Protection to allow such |
| 27 | facilities or ramps to be constructed and maintained by |
| 28 | local governments; providing guidelines and limitations |
| 29 | relating to such projects; providing for fees; providing |
| 30 | an effective date. |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Section 327.803, Florida Statutes, is amended |
| 35 | to read: |
| 36 | 327.803 Boating Advisory Council.-- |
| 37 | (1) The Boating Advisory Council is created within the |
| 38 | Fish and Wildlife Conservation Commission and shall be composed |
| 39 | of 18 17 members. The members include: |
| 40 | (a) One representative from the Fish and Wildlife |
| 41 | Conservation Commission, who shall serve as the chair of the |
| 42 | council. |
| 43 | (b) One representative each from the Department of |
| 44 | Environmental Protection, the United States Coast Guard |
| 45 | Auxiliary, the United States Power Squadron, and the inland |
| 46 | navigation districts. |
| 47 | (c) One representative of manatee protection interests, |
| 48 | one representative of the marine industries, one representative |
| 49 | two representatives of water-related environmental groups, one |
| 50 | representative of canoe or kayak enthusiasts, one representative |
| 51 | of marine manufacturers, one representative of commercial vessel |
| 52 | owners or operators, one representative of marine special events |
| 53 | sport boat racing, one representative actively involved and |
| 54 | working full-time in the scuba diving industry who has |
| 55 | experience in recreational boating, one representative of either |
| 56 | the commercial fishing industry or the commercial shellfishing |
| 57 | industry, and two representatives of the boating public, each of |
| 58 | whom shall be nominated by the executive director of the Fish |
| 59 | and Wildlife Conservation Commission and appointed by the |
| 60 | Governor to serve staggered 3-year 2-year terms. Members |
| 61 | appointed by the Governor may serve no more than two full |
| 62 | consecutive terms. |
| 63 | (d) One member of the House of Representatives, who shall |
| 64 | be appointed by the Speaker of the House of Representatives. |
| 65 | (e) One member of the Senate, who shall be appointed by |
| 66 | the President of the Senate. |
| 67 | (2) The council shall meet at the call of the chair, at |
| 68 | the request of a majority of its membership, or at such times as |
| 69 | may be prescribed by rule. |
| 70 | (3) The purpose of the council is to make recommendations |
| 71 | to the Fish and Wildlife Conservation Commission and the |
| 72 | Department of Community Affairs regarding issues affecting the |
| 73 | boating community, including, but not limited to, issues related |
| 74 | to: |
| 75 | (a) Boating and diving safety education. |
| 76 | (b) Boating-related facilities, including marinas and boat |
| 77 | testing facilities. |
| 78 | (c) Boat usage. |
| 79 | (d) Boat access. |
| 80 | (e) Working waterfronts. |
| 81 | (4) Members of the council shall serve without |
| 82 | compensation but are entitled to reimbursement of expenses as |
| 83 | provided in s. 112.061. |
| 84 | (5) A vacancy on the council shall be filled for the |
| 85 | remainder of the unexpired term in the same manner as the |
| 86 | original appointment. Members whose terms have expired may |
| 87 | continue to serve until replaced or reappointed. |
| 88 | (6) Members of the council may be removed for cause. |
| 89 | Section 2. Paragraphs (d) and (e) of subsection (2) of |
| 90 | section 370.06, Florida Statutes, are amended to read: |
| 91 | 370.06 Licenses.-- |
| 92 | (2) SALTWATER PRODUCTS LICENSE.-- |
| 93 | (d) A saltwater products license may be issued in the name |
| 94 | of an individual or a valid commercial vessel boat registration |
| 95 | number. However, a firm or corporation may only receive a |
| 96 | license issued to a valid commercial vessel registration number. |
| 97 | A saltwater products license may not be transferred by the |
| 98 | licenseholder to another individual, firm, or corporation. Such |
| 99 | license is not transferable. A decal shall be issued with each |
| 100 | saltwater products license issued to a valid commercial vessel |
| 101 | boat registration number. The saltwater products license decal |
| 102 | shall be the same color as the vessel registration decal issued |
| 103 | each year pursuant to s. 328.48(5) and shall indicate the period |
| 104 | of time such license is valid. The saltwater products license |
| 105 | decal shall be placed beside the vessel registration decal and, |
| 106 | in the case of an undocumented vessel, shall be placed so that |
| 107 | the vessel registration decal lies between the commercial vessel |
| 108 | registration number and the saltwater products license decal. |
| 109 | Any saltwater products license decal for a previous year shall |
| 110 | be removed from a vessel operating on the waters of the state. |
| 111 | (e) The annual fee for a saltwater products license is: |
| 112 | 1. For a license issued in the name of an individual which |
| 113 | authorizes only that individual to engage in commercial fishing |
| 114 | activities from the shore or a vessel: a resident must pay $50; |
| 115 | a nonresident must pay $200; or an alien must pay $300. |
| 116 | 2. For a license issued in the name of an individual which |
| 117 | authorizes that named individual to engage in commercial fishing |
| 118 | activities from the shore or a vessel and also authorizes each |
| 119 | person who is fishing with the named individual aboard a vessel |
| 120 | to engage in such activities: a resident must pay $150; a |
| 121 | nonresident must pay $600; or an alien must pay $900. |
| 122 | 3. For a license issued to a valid commercial vessel |
| 123 | registration number which authorizes each person aboard such |
| 124 | registered vessel to engage in commercial fishing activities: a |
| 125 | resident, or a resident firm or corporation, must pay $100; a |
| 126 | nonresident, or a nonresident firm or corporation, must pay |
| 127 | $400; or an alien, or an alien firm or corporation, must pay |
| 128 | $600. For purposes of this subparagraph, a resident firm or |
| 129 | corporation means a firm or corporation formed under the laws of |
| 130 | this state; a nonresident firm or corporation means a firm or |
| 131 | corporation formed under the laws of any state other than |
| 132 | Florida; and an alien firm or corporation means a firm or |
| 133 | corporation organized under any laws other than laws of the |
| 134 | United States, any United States territory or possession, or any |
| 135 | state of the United States. A resident shall pay an annual |
| 136 | license fee of $50 for a saltwater products license issued in |
| 137 | the name of an individual or $100 for a saltwater products |
| 138 | license issued to a valid boat registration number. A |
| 139 | nonresident shall pay an annual license fee of $200 for a |
| 140 | saltwater products license issued in the name of an individual |
| 141 | or $400 for a saltwater products license issued to a valid boat |
| 142 | registration number. An alien shall pay an annual license fee of |
| 143 | $300 for a saltwater products license issued in the name of an |
| 144 | individual or $600 for a saltwater products license issued to a |
| 145 | valid boat registration number. |
| 146 | Section 3. Paragraph (b) of subsection (1) of section |
| 147 | 370.13, Florida Statutes, is amended to read: |
| 148 | 370.13 Stone crab; regulation.-- |
| 149 | (1) FEES AND EQUITABLE RENT.-- |
| 150 | (b) Certificate fees.-- |
| 151 | 1. For each trap certificate issued by the commission |
| 152 | under the requirements of the stone crab trap limitation program |
| 153 | established by commission rule, there is an annual fee of $.50 |
| 154 | per certificate. Replacement tags for lost or damaged tags cost |
| 155 | $.50 each, except that tags lost in the event of a major natural |
| 156 | disaster declared as an emergency disaster by the Governor shall |
| 157 | be replaced for the cost of the tag as incurred by the |
| 158 | commission. |
| 159 | 2. The fee for transferring trap certificates is $1 per |
| 160 | certificate transferred, except that the fee for eligible crew |
| 161 | members is 50 cents per certificate transferred. Except for |
| 162 | transfers to Eligible crew members shall be as determined |
| 163 | according to criteria established by rule of the commission, the |
| 164 | fee for transferring certificates is $2 per certificate |
| 165 | transferred to be paid by the purchaser of the certificate or |
| 166 | certificates. The transfer fee for eligible crew members is $1 |
| 167 | per certificate. Payment must be made by money order or |
| 168 | cashier's check, submitted with the certificate transfer form |
| 169 | developed by the commission. |
| 170 | 3. In addition to the transfer fee, a surcharge of $1 $2 |
| 171 | per certificate transferred, or 25 percent of the actual value |
| 172 | of the transferred certificate, whichever is greater, will be |
| 173 | assessed the first time a certificate is transferred outside the |
| 174 | original holder's immediate family. |
| 175 | 4. Transfer fees and surcharges only apply to the actual |
| 176 | number of certificates received by the purchaser. A transfer of |
| 177 | a certificate is not effective until the commission receives a |
| 178 | notarized copy of the bill of sale as proof of the actual value |
| 179 | of the transferred certificate or certificates, which must also |
| 180 | be submitted with the transfer form and payment. |
| 181 | 5. A transfer fee will not be assessed or required when |
| 182 | the transfer is within a family as a result of the death or |
| 183 | disability of the certificate owner. A surcharge will not be |
| 184 | assessed for any transfer within an individual's immediate |
| 185 | family. |
| 186 | 6. The fees and surcharge amounts in this paragraph apply |
| 187 | in the 2005-2006 license year and subsequent years. |
| 188 | Section 4. Section 372.674, Florida Statutes, is repealed. |
| 189 | Section 5. Paragraph (d) of subsection (2) of section |
| 190 | 372.672, Florida Statutes, is amended to read: |
| 191 | 372.672 Florida Panther Research and Management Trust |
| 192 | Fund.-- |
| 193 | (2) Money from the fund shall be spent only for the |
| 194 | following purposes: |
| 195 | (d) To fund and administer education programs authorized |
| 196 | in s. 372.674. |
| 197 | Section 6. Subsection (5) is added to section 373.118, |
| 198 | Florida Statutes, to read: |
| 199 | 373.118 General permits; delegation.-- |
| 200 | (5) The department shall adopt by rule one or more general |
| 201 | permits for local governments to construct, operate, and |
| 202 | maintain public marina facilities, public mooring fields, public |
| 203 | boat ramps, including associated courtesy docks, and associated |
| 204 | parking facilities located in uplands. Such general permits |
| 205 | adopted by rule shall include provisions to ensure compliance |
| 206 | with part IV of this chapter, section 373.118(1), and the |
| 207 | criteria necessary to include the general permits in a state |
| 208 | programmatic general permit issued by the United States Army |
| 209 | Corps of Engineers under s. 404 of the Clean Water Act, Pub. L. |
| 210 | No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq. A facility |
| 211 | authorized under such general permits is exempt from review as a |
| 212 | development of regional impact if the facility complies with the |
| 213 | comprehensive plan of the applicable local government. Such |
| 214 | facilities shall be consistent with the local government manatee |
| 215 | protection plan required pursuant to ch. 370, F.S., and shall |
| 216 | obtain Clean Marina Program status prior to opening for |
| 217 | operation and maintain that status for the life of the facility. |
| 218 | Marinas and mooring fields authorized under any such general |
| 219 | permit shall not exceed an area of 50,000 square feet over |
| 220 | wetlands and other surface waters. All facilities permitted |
| 221 | under this section shall be constructed, maintained, and |
| 222 | operated in perpetuity for the exclusive use of the general |
| 223 | public. The department shall initiate the rulemaking process |
| 224 | within 60 days after the effective date of this act. |
| 225 | Section 7. This act shall take effect July 1, 2005. |