Senate Bill sb2368

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    Florida Senate - 2006                                  SB 2368

    By Senator Lawson





    6-1480-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending ss. 20.331

  4         and 370.025, F.S.; revising provisions relating

  5         to the powers of the Fish and Wildlife

  6         Conservation Commission; providing for the

  7         commission to exercise constitutional

  8         rulemaking authority over marine species listed

  9         as endangered or threatened; reenacting s.

10         370.093(6), F.S., relating to illegal use of

11         nets, for purposes of incorporating the

12         amendment to s. 370.025, F.S., in a reference

13         thereto; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Paragraph (c) of subsection (8) of section

18  20.331, Florida Statutes, is amended to read:

19         20.331  Fish and Wildlife Conservation Commission.--

20         (8)  ADEQUATE DUE PROCESS PROCEDURES.--

21         (c)  The commission shall follow the provisions of

22  chapter 120 when adopting rules in the performance of its

23  statutory duties or responsibilities. For purposes of this

24  subsection, the commission's statutory duties or

25  responsibilities include, but are not limited to:

26         1.  Research and management responsibilities for marine

27  species listed as endangered or threatened, including manatees

28  and marine turtles;

29         1.2.  Establishment and enforcement of boating safety

30  regulations.;

31         2.3.  Land acquisition.;

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






    Florida Senate - 2006                                  SB 2368
    6-1480-06                                               See HB




 1         3.4.  Enforcement and collection of fees for all

 2  commercial and recreational hunting or fishing licenses or

 3  permits.;

 4         4.5.  Aquatic plant removal using fish as a biological

 5  control agent.;

 6         5.6.  Enforcement of penalties for violations of

 7  commission rules and state laws, including, but not limited

 8  to, the seizure and forfeiture of vessels and other equipment

 9  used to commit those violations.;

10         6.7.  Establishment of free fishing days.;

11         7.8.  Regulation of off-road vehicles on state lands.;

12         8.9.  Establishment and coordination of a statewide

13  hunter safety course.;

14         9.10.  Establishment of programs and activities to

15  develop and distribute public education materials.;

16         10.11.  Police powers of sworn law enforcement

17  officers.;

18         11.12.  Establishment of citizen support organizations

19  to provide assistance, funding, and promotional support for

20  programs of the commission.;

21         12.13.  Creation of the voluntary authorized hunter

22  identification program.; and

23         13.14.  Regulation of required clothing of persons

24  hunting deer.

25         Section 2.  Subsection (4) of section 370.025, Florida

26  Statutes, is amended to read:

27         370.025  Marine fisheries; policy and standards.--

28         (4)  Pursuant to s. 9, Art. IV of the State

29  Constitution, the commission has full constitutional

30  rulemaking authority over marine life, and listed species as

31  defined in s. 372.072(3), except for:

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






    Florida Senate - 2006                                  SB 2368
    6-1480-06                                               See HB




 1         (a)  Endangered or threatened marine species for which

 2  rulemaking shall be done pursuant to chapter 120; and

 3         (a)(b)  The authority to regulate fishing gear in

 4  residential, manmade saltwater canals which is retained by the

 5  Legislature and specifically not delegated to the commission.

 6         (b)(c)  Marine aquaculture products produced by an

 7  individual certified under s. 597.004. This exception does not

 8  apply to snook, prohibited and restricted marine species

 9  identified by rule of the commission, and rulemaking authority

10  granted pursuant to s. 370.027.

11         Section 3.  For the purpose of incorporating the

12  amendment made by this act to section 370.025, Florida

13  Statutes, in a reference thereto, subsection (6) of section

14  370.093, Florida Statutes, is reenacted to read:

15         370.093  Illegal use of nets.--

16         (6)  The Fish and Wildlife Conservation Commission is

17  granted authority to adopt rules pursuant to s. 370.025

18  implementing this section and the prohibitions and

19  restrictions of s. 16, Art. X of the State Constitution.

20         Section 4.  This act shall take effect July 1, 2006.

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