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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