Amendment
Bill No. 0471

Amendment No. 059427

CHAMBER ACTION
Senate		House
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1	Representative Troutman offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Present subsections (5) through (28) of section
6	370.01, Florida Statutes, are redesignated as subsections (6)
7	through (29), respectively, and a new subsection (5) is added to
8	that section, to read:
9	370.01  Definitions.--In construing these statutes, where
10	the context does not clearly indicate otherwise, the word,
11	phrase, or term:
12	(5)  "Commercial harvester" means any person, firm, or
13	corporation that takes, harvests, or attempts to take or harvest
14	saltwater products for sale or with intent to sell; that is
15	operating under or is required to operate under a license or
16	permit or authorization issued pursuant to this chapter; that is
17	using gear that is prohibited for use in the harvest of
18	recreational amounts of any saltwater product being taken or
19	harvested; or that is harvesting any saltwater product in an
20	amount that is at least two times the recreational bag limit for
21	the saltwater product being taken or harvested.
22	Section 2.  Subsections (1), (2), (4), (5), (6), and (12)
23	of section 370.021, Florida Statutes, are amended to read:
24	370.021  Administration; rules, publications, records;
25	penalties; injunctions.--
26	(1)  BASE PENALTIES.--Unless otherwise provided by law, any
27	person, firm, or corporation who violates is convicted for
28	violating any provision of this chapter, or any rule of the Fish
29	and Wildlife Conservation Commission relating to the
30	conservation of marine resources, shall be punished:
31	(a)  Upon a first conviction, by imprisonment for a period
32	of not more than 60 days or by a fine of not less than $100 nor
33	more than $500, or by both such fine and imprisonment.
34	(b)  On a second or subsequent conviction within 12 months,
35	by imprisonment for not more than 6 months or by a fine of not
36	less than $250 nor more than $1,000, or by both such fine and
37	imprisonment.
38
39	Upon final disposition of any alleged offense for which a
40	citation for any violation of this chapter or the rules of the
41	commission has been issued, the court shall, within 10 days,
42	certify the disposition to the commission.
43	(2)  MAJOR VIOLATIONS.--In addition to the penalties
44	provided in paragraphs (1)(a) and (b), the court shall assess
45	additional penalties against any commercial harvester person,
46	firm, or corporation convicted of major violations as follows:
47	(a)  For a violation involving more than 100 illegal blue
48	crabs, spiny lobster crawfish, or stone crabs, an additional
49	penalty of $10 for each illegal blue crab, spiny lobster
50	crawfish, stone crab, or part thereof.
51	(b)  For a violation involving the taking or harvesting of
52	shrimp from a nursery or other prohibited area, or any two
53	violations within a 12-month period involving shrimping gear,
54	minimum size (count), or season, an additional penalty of $10
55	for each pound of illegal shrimp or part thereof.
56	(c)  For a violation involving the taking or harvesting of
57	oysters from nonapproved areas or the taking or possession of
58	unculled oysters, an additional penalty of $10 for each bushel
59	of illegal oysters.
60	(d)  For a violation involving the taking or harvesting of
61	clams from nonapproved areas, an additional penalty of $100 for
62	each 500 count bag of illegal clams.
63	(e)  For a violation involving the taking, harvesting, or
64	possession of any of the following species, which are
65	endangered, threatened, or of special concern:
66	1.  Shortnose sturgeon (Acipenser brevirostrum);
67	2.  Atlantic sturgeon (Acipenser oxyrhynchus);
68	3.  Common snook (Centropomus undecimalis);
69	4.  Atlantic loggerhead turtle (Caretta caretta caretta);
70	5.  Atlantic green turtle (Chelonia mydas mydas);
71	6.  Leatherback turtle (Dermochelys coriacea);
72	7.  Atlantic hawksbill turtle (Eretmochelys imbricata
73	imbracata);
74	8.  Atlantic ridley turtle (Lepidochelys kempi); or
75	9.  West Indian manatee (Trichechus manatus latirostris),
76
77	an additional penalty of $100 for each unit of marine life or
78	part thereof.
79	(f)  For a second or subsequent conviction within 24 months
80	for any violation of the same law or rule involving the taking
81	or harvesting of more than 100 pounds of any finfish, an
82	additional penalty of $5 for each pound of illegal finfish.
83	(g)  For any violation involving the taking, harvesting, or
84	possession of more than 1,000 pounds of any illegal finfish, an
85	additional penalty equivalent to the wholesale value of the
86	illegal finfish.
87	(h)  Permits issued to any commercial harvester person,
88	firm, or corporation by the commission to take or harvest
89	saltwater products, or any license issued pursuant to s. 370.06
90	or s. 370.07 may be suspended or revoked by the commission,
91	pursuant to the provisions and procedures of s. 120.60, for any
92	major violation prescribed in this subsection:
93	1.  Upon a first conviction, for up to 30 calendar days.
94	2.  Upon a second conviction which occurs within 12 months
95	after a prior violation, for up to 90 calendar days.
96	3.  Upon a third conviction which occurs within 24 months
97	after a prior conviction, for up to 180 calendar days.
98	4.  Upon a fourth conviction which occurs within 36 months
99	after a prior conviction, for a period of 6 months to 3 years.
100	(i)  Upon the arrest and conviction for a major violation
101	involving stone crabs, the licenseholder must show just cause
102	why his or her license should not be suspended or revoked. For
103	the purposes of this paragraph, a "major violation" means a
104	major violation as prescribed for illegal stone crabs; any
105	single violation involving possession of more than 25 stone
106	crabs during the closed season or possession of 25 or more
107	whole-bodied or egg-bearing stone crabs; any violation for trap
108	molestation, trap robbing, or pulling traps at night; or any
109	combination of violations in any 3-consecutive-year period
110	wherein more than 75 illegal stone crabs in the aggregate are
111	involved.
112	(j)  Upon the arrest and conviction for a major violation
113	involving spiny lobster crawfish, the licenseholder must show
114	just cause why his or her license should not be suspended or
115	revoked. For the purposes of this paragraph, a "major violation"
116	means a major violation as prescribed for illegal spiny lobster
117	crawfish; any single violation involving possession of more than
118	25 spiny lobster crawfish during the closed season or possession
119	of more than 25 wrung spiny lobster crawfish tails or more than
120	25 egg-bearing or stripped spiny lobster crawfish; any violation
121	for trap molestation, trap robbing, or pulling traps at night;
122	or any combination of violations in any 3-consecutive-year
123	period wherein more than 75 illegal spiny lobster crawfish in
124	the aggregate are involved.
125	(k)  Upon the arrest and conviction for a major violation
126	involving blue crabs, the licenseholder shall show just cause
127	why his or her saltwater products license should not be
128	suspended or revoked. This paragraph shall not apply to an
129	individual fishing with no more than five traps.  For the
130	purposes of this paragraph, a "major violation" means a major
131	violation as prescribed for illegal blue crabs, any single
132	violation wherein 50 or more illegal blue crabs are involved;
133	any violation for trap molestation, trap robbing, or pulling
134	traps at night; or any combination of violations in any 3-
135	consecutive-year period wherein more than 100 illegal blue crabs
136	in the aggregate are involved.
137	(l)  Upon the conviction for a major violation involving
138	finfish, the licenseholder must show just cause why his or her
139	saltwater products license should not be suspended or revoked.
140	For the purposes of this paragraph, a major violation is
141	prescribed for the taking and harvesting of illegal finfish, any
142	single violation involving the possession of more than 100
143	pounds of illegal finfish, or any combination of violations in
144	any 3-consecutive-year period wherein more than 200 pounds of
145	illegal finfish in the aggregate are involved.
146	(m)  For a violation involving the taking or harvesting of
147	any marine life species, as those species are defined by rule of
148	the commission, the harvest of which is prohibited, or the
149	taking or harvesting of such a species out of season, or with an
150	illegal gear or chemical, or any violation involving the
151	possession of 25 or more individual specimens of marine life
152	species, or any combination of violations in any 3-year period
153	involving more than 70 such specimens in the aggregate, the
154	suspension or revocation of the licenseholder's marine life
155	endorsement as provided in paragraph (h).
156
157	The penalty provisions of this subsection apply to commercial
158	harvesters and wholesale and retail dealers as defined in s.
159	370.07. Any other person who commits a major violation under
160	this subsection commits a Level Three violation under s. 372.83.
161	Notwithstanding the provisions of s. 948.01, no court may
162	suspend, defer, or withhold adjudication of guilt or imposition
163	of sentence for any major violation prescribed in this
164	subsection. The proceeds from the penalties assessed pursuant to
165	this subsection shall be deposited into the Marine Resources
166	Conservation Trust Fund to be used for marine fisheries research
167	or into the commission's Federal Law Enforcement Trust Fund as
168	provided in s. 372.107, as applicable.
169	(4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
170	CERTAIN FINFISH.--
171	(a)  It is a major violation under pursuant to this
172	section, punishable as provided in paragraph (3)(b), for any
173	person to be in possession of any species of trout, snook, or
174	redfish which is three fish in excess of the recreational or
175	commercial daily bag limit.
176	(b)  A commercial harvester who violates this subsection
177	shall be punished as provided under paragraph (3)(b). Any other
178	person who violates this subsection commits a Level Three
179	violation under s. 372.83.
180	(5)  SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
181	HARVESTED PRODUCTS.--In addition to other penalties authorized
182	in this chapter, any violation of s. 370.06 or s. 370.07, or
183	rules of the commission implementing s. 370.06 or s. 370.07,
184	involving the purchase of saltwater products by a commercial
185	wholesale dealer, retail dealer, or restaurant facility for
186	public consumption from an unlicensed person, firm, or
187	corporation, or the sale of saltwater products by an unlicensed
188	person, firm, or corporation or the purchase or sale of any
189	saltwater product known to be taken in violation of s. 16, Art.
190	X of the State Constitution, or rule or statute implementing the
191	provisions thereof, by a commercial wholesale dealer, retail
192	dealer, or restaurant facility, for public consumption, is a
193	major violation, and the commission may assess the following
194	penalties:
195	(a)  For a first violation, the commission may assess a
196	civil penalty of up to $2,500 and may suspend the wholesale or
197	retail dealer's license privileges for up to 90 calendar days.
198	(b)  For a second violation occurring within 12 months of a
199	prior violation, the commission may assess a civil penalty of up
200	to $5,000 and may suspend the wholesale or retail dealer's
201	license privileges for up to 180 calendar days.
202	(c)  For a third or subsequent violation occurring within a
203	24-month period, the commission shall assess a civil penalty of
204	$5,000 and shall suspend the wholesale or retail dealer's
205	license privileges for up to 24 months.
206
207	Any proceeds from the civil penalties assessed pursuant to this
208	subsection shall be deposited into the Marine Resources
209	Conservation Trust Fund and shall be used as follows: 40 percent
210	for administration and processing purposes and 60 percent for
211	law enforcement purposes.
212	(6)  PENALTIES FOR UNLICENSED SALE, PURCHASE, OR
213	HARVEST.--It is a major violation and punishable as provided in
214	this subsection for any an unlicensed person, firm, or
215	corporation who is required to be licensed under this chapter as
216	a commercial harvester or a wholesale or retail dealer to sell
217	or purchase any saltwater product or to harvest or attempt to
218	harvest any saltwater product with intent to sell the saltwater
219	product.
220	(a)  Any person, firm, or corporation who sells or
221	purchases any saltwater product without having purchased the
222	licenses required by this chapter for such sale is subject to
223	additional penalties as follows:
224	1.  A first violation is a misdemeanor of the second
225	degree, punishable as provided in s. 775.082 or s. 775.083.
226	2.  A second violation is a misdemeanor of the first
227	degree, punishable as provided in s. 775.082 or s. 775.083, and
228	such person may also be assessed a civil penalty of up to $2,500
229	and is subject to a suspension of all license privileges under
230	this chapter and chapter 372 for a period not exceeding 90 days.
231	3.  A third violation is a misdemeanor of the first degree,
232	punishable as provided in s. 775.082 or s. 775.083, with a
233	mandatory minimum term of imprisonment of 6 months, and such
234	person may also be assessed a civil penalty of up to $5,000 and
235	is subject to a suspension of all license privileges under this
236	chapter and chapter 372 for a period not exceeding 6 months.
237	4.  A third violation within 1 year after a second
238	violation is a felony of the third degree, punishable as
239	provided in s. 775.082 or s. 775.083, with a mandatory minimum
240	term of imprisonment of 1 year, and such person shall be
241	assessed a civil penalty of $5,000 and all license privileges
242	under this chapter and chapter 372 shall be permanently revoked.
243	5.  A fourth or subsequent violation is a felony of the
244	third degree, punishable as provided in s. 775.082 or s.
245	775.083, with a mandatory minimum term of imprisonment of 1
246	year, and such person shall be assessed a civil penalty of
247	$5,000 and all license privileges under this chapter and chapter
248	372 shall be permanently revoked.
249	(b)  Any person whose license privileges under this chapter
250	have been permanently revoked and who thereafter sells or
251	purchases or who attempts to sell or purchase any saltwater
252	product commits a felony of the third degree, punishable as
253	provided in s. 775.082 or s. 775.083, with a mandatory minimum
254	term of imprisonment of 1 year, and such person shall also be
255	assessed a civil penalty of $5,000. All property involved in
256	such offense shall be forfeited pursuant to s. 370.061.
257	(c)  Any commercial harvester or wholesale or retail dealer
258	person whose license privileges under this chapter are under
259	suspension and who during such period of suspension sells or
260	purchases or attempts to sell or purchase any saltwater product
261	shall be assessed the following penalties:
262	1.  A first violation, or a second violation occurring more
263	than 12 months after a first violation, is a first degree
264	misdemeanor, punishable as provided in ss. 775.082 and 775.083,
265	and such commercial harvester or wholesale or retail dealer
266	person may be assessed a civil penalty of up to $2,500 and an
267	additional suspension of all license privileges under this
268	chapter and chapter 372 for a period not exceeding 90 days.
269	2.  A second violation occurring within 12 months of a
270	first violation is a third degree felony, punishable as provided
271	in ss. 775.082 and 775.083, with a mandatory minimum term of
272	imprisonment of 1 year, and such commercial harvester or
273	wholesale or retail dealer person may be assessed a civil
274	penalty of up to $5,000 and an additional suspension of all
275	license privileges under this chapter and chapter 372 for a
276	period not exceeding 180 days. All property involved in such
277	offense shall be forfeited pursuant to s. 370.061.
278	3.  A third violation within 24 months of the second
279	violation or subsequent violation is a third degree felony,
280	punishable as provided in ss. 775.082 and 775.083, with a
281	mandatory minimum term of imprisonment of 1 year, and such
282	commercial harvester or wholesale or retail dealer person shall
283	be assessed a mandatory civil penalty of up to $5,000 and an
284	additional suspension of all license privileges under this
285	chapter and chapter 372 for a period not exceeding 24 months.
286	All property involved in such offense shall be forfeited
287	pursuant to s. 370.061.
288	(d)  Any commercial harvester person who harvests or
289	attempts to harvest any saltwater product with intent to sell
290	the saltwater product without having purchased a saltwater
291	products license with the requisite endorsements is subject to
292	penalties as follows:
293	1.  A first violation is a misdemeanor of the second
294	degree, punishable as provided in s. 775.082 or s. 775.083.
295	2.  A second violation is a misdemeanor of the first
296	degree, punishable as provided in s. 775.082 or s. 775.083, and
297	such commercial harvester person may also be assessed a civil
298	penalty of up to $2,500 and is subject to a suspension of all
299	license privileges under this chapter and chapter 372 for a
300	period not exceeding 90 days.
301	3.  A third violation is a misdemeanor of the first degree,
302	punishable as provided in s. 775.082 or s. 775.083, with a
303	mandatory minimum term of imprisonment of 6 months, and such
304	commercial harvester person may also be assessed a civil penalty
305	of up to $5,000 and is subject to a suspension of all license
306	privileges under this chapter and chapter 372 for a period not
307	exceeding 6 months.
308	4.  A third violation within 1 year after a second
309	violation is a felony of the third degree, punishable as
310	provided in s. 775.082 or s. 775.083, with a mandatory minimum
311	term of imprisonment of 1 year, and such commercial harvester
312	person shall also be assessed a civil penalty of $5,000 and all
313	license privileges under this chapter and chapter 372 shall be
314	permanently revoked.
315	5.  A fourth or subsequent violation is a felony of the
316	third degree, punishable as provided in s. 775.082 or s.
317	775.083, with a mandatory minimum term of imprisonment of 1
318	year, and such commercial harvester person shall also be
319	assessed a mandatory civil penalty of $5,000 and all license
320	privileges under this chapter and chapter 372 shall be
321	permanently revoked.
322
323	For purposes of this subsection, a violation means any judicial
324	disposition other than acquittal or dismissal.
325	(12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
326	purposes of imposing license or permit suspensions or
327	revocations authorized by this chapter, the license or permit
328	under which the violation was committed is subject to suspension
329	or revocation by the commission. For purposes of assessing
330	monetary civil or administrative penalties authorized by this
331	chapter, the commercial harvester person, firm, or corporation
332	cited and subsequently receiving a judicial disposition of other
333	than dismissal or acquittal in a court of law is subject to the
334	monetary penalty assessment by the commission. However, if the
335	license or permitholder of record is not the commercial
336	harvester person, firm, or corporation receiving the citation
337	and judicial disposition, the license or permit may be suspended
338	or revoked only after the license or permitholder has been
339	notified by the commission that the license or permit has been
340	cited in a major violation and is now subject to suspension or
341	revocation should the license or permit be cited for subsequent
342	major violations.
343	Section 3.  Section 370.028, Florida Statutes, is amended
344	to read:
345	370.028  Enforcement of commission rules; penalties for
346	violation of rule.--Rules of the Fish and Wildlife Conservation
347	Commission shall be enforced by any law enforcement officer
348	certified pursuant to s. 943.13. Except as provided under s.
349	372.83, any person who violates or otherwise fails to comply
350	with any rule adopted by the commission shall be punished
351	pursuant to s. 370.021(1).
352	Section 4.  Paragraph (d) of subsection (5) of section
353	370.061, Florida Statutes, is amended to read:
354	370.061  Confiscation, seizure, and forfeiture of property
355	and products.--
356	(5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
357	PRODUCTS; PROCEDURE.--
358	(d)  For purposes of confiscation under this subsection,
359	the term "saltwater products" has the meaning set out in s.
360	370.01(27) s. 370.01(26), except that the term does not include
361	saltwater products harvested under the authority of a
362	recreational license unless the amount of such harvested
363	products exceeds three times the applicable recreational bag
364	limit for trout, snook, or redfish.
365	Section 5.  Section 370.063, Florida Statutes, is amended
366	to read:
367	370.063  Special recreational spiny lobster crawfish
368	license.--There is created a special recreational spiny lobster
369	crawfish license, to be issued to qualified persons as provided
370	by this section for the recreational harvest of spiny lobster
371	crawfish (spiny lobster) beginning August 5, 1994.
372	(1)  The special recreational spiny lobster crawfish
373	license shall be available to any individual spiny lobster
374	crawfish trap number holder who also possesses a saltwater
375	products license during the 1993-1994 license year. A person
376	issued a special recreational spiny lobster crawfish license may
377	not also possess a trap number.
378	(2)  The special recreational spiny lobster crawfish
379	license is required in order to harvest spiny lobster crawfish
380	from state territorial waters in quantities in excess of the
381	regular recreational bag limit but not in excess of a special
382	bag limit as established by the Marine Fisheries Commission for
383	these harvesters before the 1994-1995 license year. Such special
384	bag limit does not apply during the 2-day sport season
385	established by the Fish and Wildlife Conservation Commission.
386	(3)  The holder of a special recreational spiny lobster
387	crawfish license must also possess the recreational spiny
388	lobster crawfish permit required by s. 372.57(8)(d).
389	(4)  As a condition precedent to the issuance of a special
390	recreational spiny lobster crawfish license, the applicant must
391	agree to file quarterly reports with the Fish and Wildlife
392	Conservation Commission in such form as the commission requires,
393	detailing the amount of the licenseholder's spiny lobster
394	crawfish (spiny lobster) harvest in the previous quarter,
395	including the harvest of other recreational harvesters aboard
396	the licenseholder's vessel.
397	(5)  The Fish and Wildlife Conservation Commission shall
398	issue special recreational spiny lobster crawfish licenses. The
399	fee for each such license is $100 per year. Each license issued
400	in any license year must be renewed by June 30 of each
401	subsequent year by the initial individual holder thereof.
402	Noncompliance with the reporting requirement in subsection (4)
403	or with the special recreational bag limit established under
404	subsection (6) constitutes grounds for which the commission may
405	refuse to renew the license for a subsequent license year. The
406	number of such licenses outstanding in any one license year may
407	not exceed the number issued for the 1994-1995 license year. A
408	license is not transferable by any method. Licenses that are not
409	renewed expire and may be reissued by the commission in the
410	subsequent license year to new applicants otherwise qualified
411	under this section.
412	(6)  To promote conservation of the spiny lobster
413	(crawfish) resource, consistent with equitable distribution and
414	availability of the resource, the commission shall establish a
415	spiny lobster management plan incorporating the special
416	recreational spiny lobster crawfish license, including, but not
417	limited to, the establishment of a special recreational bag
418	limit for the holders of such license as required by subsection
419	(2). Such special recreational bag limit must not be less than
420	twice the higher of the daily recreational bag limits.
421	(7)  The proceeds of the fees collected under this section
422	must be deposited in the Marine Resources Conservation Trust
423	Fund and used as follows:
424	(a)  Thirty-five percent for research and the development
425	of reliable recreational catch statistics for the spiny lobster
426	crawfish (spiny lobster) fishery.
427	(b)  Twenty percent for administration of this section.
428	(c)  Forty-five percent to be used for enforcement of this
429	section.
430	(8)  Any person who violates this section commits a Level
431	One violation under s. 372.83.
432	Section 6.  Subsection (8) is added to section 370.08,
433	Florida Statutes, to read:
434	370.08  Fishers and equipment; regulation.--
435	(8)  PENALTIES.--A commercial harvester who violates this
436	section shall be punished under s. 370.021. Any other person who
437	violates this section commits a Level Two violation under s.
438	372.83.
439	Section 7.  Subsection (6) is added to section 370.081,
440	Florida Statutes, to read:
441	370.081  Illegal importation or possession of nonindigenous
442	marine plants and animals; rules and regulations.--
443	(6)  Any person who violates this section commits a Level
444	Three violation under s. 372.83.
445	Section 8.  Subsection (4) is added to section 370.1105,
446	Florida Statutes, to read:
447	370.1105  Saltwater finfish; fishing traps regulated.--
448	(4)  A commercial harvester who violates this section shall
449	be punished under s. 370.021. Any other person who violates this
450	section commits a Level Two violation under s. 372.83.
451	Section 9.  Subsection (3) is added to section 370.1121,
452	Florida Statutes, to read:
453	370.1121  Bonefish; regulation.--
454	(3)  A commercial harvester or wholesale or retail
455	saltwater products dealer who violates this section shall be
456	punished under s. 370.021. Any other person who violates this
457	section commits a Level Two violation under s. 372.83.
458	Section 10.  Paragraphs (a), (b), (c), and (d) of
459	subsection (2) of section 370.13, Florida Statutes, are amended
460	to read:
461	370.13  Stone crab; regulation.--
462	(2)  PENALTIES.--For purposes of this subsection,
463	conviction is any disposition other than acquittal or dismissal,
464	regardless of whether the violation was adjudicated under any
465	state or federal law.
466	(a)  It is unlawful to violate commission rules regulating
467	stone crab trap certificates and trap tags. No person may use an
468	expired tag or a stone crab trap tag not issued by the
469	commission or possess or use a stone crab trap in or on state
470	waters or adjacent federal waters without having a trap tag
471	required by the commission firmly attached thereto.
472	1.  In addition to any other penalties provided in s.
473	370.021, for any commercial harvester who violates this
474	paragraph, person, firm, or corporation who violates rule 68B-
475	13.010(2), Florida Administrative Code, or rule 68B-13.011(5),
476	(6), (7), (8), or (11), Florida Administrative Code, the
477	following administrative penalties apply.
478	a.1.  For a first violation, the commission shall assess an
479	administrative penalty of up to $1,000 and the stone crab
480	endorsement under which the violation was committed may be
481	suspended for the remainder of the current license year.
482	b.2.  For a second violation that occurs within 24 months
483	of any previous such violation, the commission shall assess an
484	administrative penalty of up to $2,000 and the stone crab
485	endorsement under which the violation was committed may be
486	suspended for 12 calendar months.
487	c.3.  For a third violation that occurs within 36 months of
488	any previous two such violations, the commission shall assess an
489	administrative penalty of up to $5,000 and the stone crab
490	endorsement under which the violation was committed may be
491	suspended for 24 calendar months.
492	d.4.  A fourth violation that occurs within 48 months of
493	any three previous such violations, shall result in permanent
494	revocation of all of the violator's saltwater fishing
495	privileges, including having the commission proceed against the
496	endorsement holder's saltwater products license in accordance
497	with s. 370.021.
498	2.  Any other person who violates the provisions of this
499	paragraph commits a Level Two violation under s. 372.83.
500
501	Any commercial harvester person assessed an administrative
502	penalty under this paragraph shall, within 30 calendar days
503	after notification, pay the administrative penalty to the
504	commission, or request an administrative hearing under ss.
505	120.569 and 120.57.  The proceeds of all administrative
506	penalties collected under this paragraph shall be deposited in
507	the Marine Resources Conservation Trust Fund.
508	(b)  It is unlawful for any commercial harvester person to
509	remove the contents of another harvester's stone crab trap or
510	take possession of such without the express written consent of
511	the trap owner available for immediate inspection. Unauthorized
512	possession of another's trap gear or removal of trap contents
513	constitutes theft.
514	1.  Any commercial harvester person convicted of theft of
515	or from a trap pursuant to this subsection or s. 370.1107 shall,
516	in addition to the penalties specified in s. 370.021 and the
517	provisions of this section, permanently lose all his or her
518	saltwater fishing privileges, including saltwater products
519	licenses, stone crab or incidental take endorsements, and all
520	trap certificates allotted to such commercial harvester him or
521	her by the commission. In such cases, trap certificates and
522	endorsements are nontransferable.
523	2.  In addition, any commercial harvester person, firm, or
524	corporation convicted of violating the prohibitions referenced
525	in this paragraph shall also be assessed an administrative
526	penalty of up to $5,000. Immediately upon receiving a citation
527	for a violation involving theft of or from a trap and until
528	adjudicated for such a violation, or, upon receipt of a judicial
529	disposition other than dismissal or acquittal on such a
530	violation, the violator is prohibited from transferring any
531	stone crab or spiny lobster certificates.
532	3.  Any other person who violates the provisions of this
533	paragraph commits a Level Two violation under s. 372.83.
534	(c)1.  It is unlawful to violate Any person, firm, or
535	corporation convicted of violating commission rules that
536	prohibit any of the following:, commits a felony of the third
537	degree, punishable as provided in s. 775.082, s. 775.083, or s.
538	775.084.
539	a.1.  The willful molestation of any stone crab trap, line,
540	or buoy that is the property of any licenseholder, without the
541	permission of that licenseholder.
542	b.2.  The bartering, trading, or sale, or conspiring or
543	aiding in such barter, trade, or sale, or supplying, agreeing to
544	supply, aiding in supplying, or giving away stone crab trap tags
545	or certificates unless the action is duly authorized by the
546	commission as provided by commission rules.
547	c.3.  The making, altering, forging, counterfeiting, or
548	reproducing of stone crab trap tags.
549	d.4.  Possession of forged, counterfeit, or imitation stone
550	crab trap tags.
551	e.5.  Engaging in the commercial harvest of stone crabs
552	during the time either of the endorsements is under suspension
553	or revocation.
554	2.  Any commercial harvester who violates this paragraph
555	commits a felony of the third degree, punishable as provided in
556	s. 775.082, s. 775.083, or s. 775.084.
557	3.  Any other person who violates this paragraph commits a
558	Level Four violation under s. 372.83.
559
560	In addition, any commercial harvester person, firm, or
561	corporation convicted of violating this paragraph shall also be
562	assessed an administrative penalty of up to $5,000, and the
563	incidental take endorsement and/or the stone crab endorsement
564	under which the violation was committed may be suspended for up
565	to 24 calendar months. Immediately upon receiving a citation
566	involving a violation of this paragraph and until adjudicated
567	for such a violation, or if convicted of such a violation, the
568	person, firm, or corporation committing the violation is
569	prohibited from transferring any stone crab certificates or
570	endorsements.
571	(d)  For any commercial harvester person, firm, or
572	corporation convicted of fraudulently reporting the actual value
573	of transferred stone crab certificates, the commission may
574	automatically suspend or permanently revoke the seller's or the
575	purchaser's stone crab endorsements. If the endorsement is
576	permanently revoked, the commission shall also permanently
577	deactivate the endorsement holder's stone crab certificate
578	accounts. Whether an endorsement is suspended or revoked, the
579	commission may also levy a fine against the holder of the
580	endorsement of up to twice the appropriate surcharge to be paid
581	based on the fair market value of the transferred certificates.
582	Section 11.  Subsection (1) of section 370.135, Florida
583	Statutes, is amended to read:
584	370.135  Blue crab; regulation.--
585	(1)(a)  No commercial harvester person, firm, or
586	corporation shall transport on the water, fish with or cause to
587	be fished with, set, or place any trap designed for taking blue
588	crabs unless such commercial harvester person, firm, or
589	corporation is the holder of a valid saltwater products license
590	issued pursuant to s. 370.06 and the trap has a current state
591	number permanently attached to the buoy. The trap number shall
592	be affixed in legible figures at least 1 inch high on each buoy
593	used. The saltwater products license must be on board the boat,
594	and both the license and the crabs shall be subject to
595	inspection at all times. Only one trap number may be issued for
596	each boat by the commission upon receipt of an application on
597	forms prescribed by it. This subsection shall not apply to an
598	individual fishing with no more than five traps.
599	(b)  It is unlawful a felony of the third degree,
600	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
601	for any person willfully to molest any blue crab traps, lines,
602	or buoys, as defined herein, belonging to another without the
603	express written consent of the trap owner.
604	1.  A commercial harvester who violates this paragraph
605	commits a felony of the third degree, punishable as provided in
606	s. 775.082, s. 775.083, or s. 775.084.
607	2.  Any other person who violates this paragraph commits a
608	Level Four violation under s. 372.83.
609
610	Any commercial harvester person receiving a judicial disposition
611	other than dismissal or acquittal on a charge of willful
612	molestation of a trap, in addition to the penalties specified in
613	s. 370.021, shall lose all saltwater fishing privileges for a
614	period of 24 calendar months.
615	(c)1.  It is unlawful for any person to remove the contents
616	of or take possession of another harvester's blue crab trap
617	without the express written consent of the trap owner available
618	for immediate inspection. Unauthorized possession of another's
619	trap gear or removal of trap contents constitutes theft.
620	a.  Any commercial harvester person receiving a judicial
621	disposition other than dismissal or acquittal on a charge of
622	theft of or from a trap pursuant to this section or s. 370.1107
623	shall, in addition to the penalties specified in s. 370.021 and
624	the provisions of this section, permanently lose all his or her
625	saltwater fishing privileges, including any his or her saltwater
626	products license and blue crab endorsement. In such cases
627	endorsements, landings history, and trap certificates are
628	nontransferable.
629	b.  In addition, any commercial harvester person, firm, or
630	corporation receiving a judicial disposition other than
631	dismissal or acquittal for violating this subsection or s.
632	370.1107 shall also be assessed an administrative penalty of up
633	to $5,000. Immediately upon receiving a citation for a violation
634	involving theft of or from a trap and until adjudicated for such
635	a violation, or receiving a judicial disposition other than
636	dismissal or acquittal for such a violation, the commercial
637	harvester person, firm, or corporation committing the violation
638	is prohibited from transferring any blue crab endorsements,
639	landings history, or trap certificates.
640	2.  A commercial harvester who violates this paragraph
641	shall be punished under s. 370.021. Any other person who
642	violates this paragraph commits a Level Two violation under s.
643	372.83.
644	Section 12.  Section 370.14, Florida Statutes, is amended
645	to read:
646	370.14  Spiny lobster Crawfish; regulation.--
647	(1)  It is the intent of the Legislature to maintain the
648	spiny lobster crawfish industry for the economy of the state and
649	to conserve the stocks supplying this industry.  The provisions
650	of this act regulating the taking of spiny lobster saltwater
651	crawfish are for the purposes of ensuring and maintaining the
652	highest possible production of spiny lobster saltwater crawfish.
653	(2)(a)1.  Each commercial harvester person taking or
654	attempting to take spiny lobster crawfish with a trap in
655	commercial quantities or for commercial purposes shall obtain
656	and exhibit a spiny lobster crawfish trap number, as required by
657	the Fish and Wildlife Conservation Commission. The annual fee
658	for a spiny lobster crawfish trap number is $125. This trap
659	number may be issued by the commission upon the receipt of
660	application by the commercial harvester person when accompanied
661	by the payment of the fee. The design of the applications and of
662	the trap number shall be determined by the commission. Any trap
663	or device used in taking or attempting to take spiny lobster
664	crawfish, other than a trap with the trap number, shall be
665	seized and destroyed by the commission. The proceeds of the fees
666	imposed by this paragraph shall be deposited and used as
667	provided in paragraph (b). The commission may adopt rules to
668	carry out the intent of this section.
669	2.  Each commercial harvester person taking or attempting
670	to take spiny lobster crawfish in commercial quantities or for
671	commercial purposes by any method, other than with a trap having
672	a spiny lobster crawfish trap number issued by the commission,
673	must pay an annual fee of $100.
674	(b)  Twenty-five dollars of the $125 fee for a spiny
675	lobster crawfish trap number required under subparagraph (a)1.
676	must be used only for trap retrieval as provided in s. 370.143.
677	The remainder of the fees collected pursuant to paragraph (a)
678	shall be deposited as follows:
679	1.  Fifty percent of the fees collected shall be deposited
680	in the Marine Resources Conservation Trust Fund for use in
681	enforcing the provisions of paragraph (a) through aerial and
682	other surveillance and trap retrieval.
683	2.  Fifty percent of the fees collected shall be deposited
684	as provided in s. 370.142(5).
685	(3)  The spiny lobster crawfish license must be on board
686	the boat, and both the license and the harvested spiny lobster
687	crawfish shall be subject to inspection at all times.  Only one
688	license shall be issued for each boat. The spiny lobster
689	crawfish license number must be prominently displayed above the
690	topmost portion of the boat so as to be easily and readily
691	identified.
692	(4)(a)  It is unlawful a felony of the third degree,
693	punishable as provided in s. 775.082 or s. 775.083, for any
694	person willfully to molest any spiny lobster crawfish traps,
695	lines, or buoys belonging to another without permission of the
696	licenseholder.
697	(b)  A commercial harvester who violates this subsection
698	commits a felony of the third degree, punishable as provided in
699	s. 775.082 or s. 775.083. Any other person who violates this
700	subsection commits a Level Four violation under s. 372.83.
701	(5)  Any spiny lobster crawfish licenseholder, upon selling
702	licensed spiny lobster crawfish traps, shall furnish the
703	commission notice of such sale of all or part of his or her
704	interest within 15 days thereof. Any holder of said license
705	shall also notify the commission within 15 days if his or her
706	address no longer conforms to the address appearing on the
707	license and shall, as a part of such notification, furnish the
708	commission with his or her new address.
709	(6)(a)  By a special permit granted by the commission, a
710	Florida-licensed seafood dealer may lawfully import, process,
711	and package spiny lobster saltwater crawfish or uncooked tails
712	of the species Panulirus argus during the closed season.
713	However, spiny lobster crawfish landed under special permit
714	shall not be sold in the state.
715	(b)  The licensed seafood dealer importing any such spiny
716	lobster crawfish under the permit shall, 12 hours prior to the
717	time the seagoing vessel or airplane delivering such imported
718	spiny lobster crawfish enters the state, notify the commission
719	as to the seagoing vessel's name or the airplane's registration
720	number and its captain, location, and point of destination.
721	(c)  At the time the spiny lobster crawfish cargo is
722	delivered to the permitholder's place of business, the spiny
723	lobster crawfish cargo shall be weighed and shall be available
724	for inspection by the commission. A signed receipt of such
725	quantity in pounds shall be forwarded to the commission within
726	48 hours after shipment weigh-in completion. If requested by the
727	commission, the weigh-in process will be delayed up to 4 hours
728	to allow for a commission representative to be present during
729	the process.
730	(d)  Within 48 hours after shipment weigh-in completion,
731	the permitholder shall submit to the commission, on forms
732	provided by the commission, a sworn report of the quantity in
733	pounds of the spiny lobster saltwater crawfish received, which
734	report shall include the location of said spiny lobster crawfish
735	and a sworn statement that said spiny lobster crawfish were
736	taken at least 50 miles from Florida's shoreline.  The landing
737	of spiny lobster crawfish or spiny lobster crawfish tails from
738	which the eggs, swimmerettes, or pleopods have been removed; the
739	falsification of information as to area from which spiny lobster
740	crawfish were obtained; or the failure to file the report called
741	for in this section shall be grounds to revoke the permit.
742	(e)  Each permitholder shall keep throughout the period of
743	the closed season copies of the bill of sale or invoices
744	covering each transaction involving spiny lobster crawfish
745	imported under this permit. Such invoices and bills shall be
746	kept available at all times for inspection by the commission.
747	(7)(a)  A Florida-licensed seafood dealer may obtain a
748	special permit to import, process, and package uncooked tails of
749	spiny lobster saltwater crawfish upon the payment of the sum of
750	$100 to the commission.
751	(b)  A special permit must be obtained by any airplane or
752	seagoing vessel other than a common carrier used to transport
753	spiny lobster saltwater crawfish or spiny lobster crawfish tails
754	for purchase by licensed seafood dealers for purposes as
755	provided herein upon the payment of $50.
756	(c)  All special permits issued under this subsection are
757	nontransferable.
758	(8)  No common carrier or employee of said carrier may
759	carry, knowingly receive for carriage, or permit the carriage of
760	any spiny lobster crawfish of the species Panulirus argus,
761	regardless of where taken, during the closed season, except of
762	the species Panulirus argus lawfully imported from a foreign
763	country for reshipment outside of the territorial limits of the
764	state under United States Customs bond or in accordance with
765	paragraph (7)(a).
766	Section 13.  Paragraph (c) of subsection (2) of section
767	370.142, Florida Statutes, is amended to read:
768	370.142  Spiny lobster trap certificate program.--
769	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
770	PENALTIES.--The Fish and Wildlife Conservation Commission shall
771	establish a trap certificate program for the spiny lobster
772	fishery of this state and shall be responsible for its
773	administration and enforcement as follows:
774	(c)  Prohibitions; penalties.--
775	1.  It is unlawful for a person to possess or use a spiny
776	lobster trap in or on state waters or adjacent federal waters
777	without having affixed thereto the trap tag required by this
778	section.  It is unlawful for a person to possess or use any
779	other gear or device designed to attract and enclose or
780	otherwise aid in the taking of spiny lobster by trapping that is
781	not a trap as defined by commission rule in rule 68B-24.006(2),
782	Florida Administrative Code.
783	2.  It is unlawful for a person to possess or use spiny
784	lobster trap tags without having the necessary number of
785	certificates on record as required by this section.
786	3.  It is unlawful for any person to willfully molest, take
787	possession of, or remove the contents of another harvester's
788	spiny lobster trap without the express written consent of the
789	trap owner available for immediate inspection. Unauthorized
790	possession of another's trap gear or removal of trap contents
791	constitutes theft.
792	a.  A commercial harvester who violates this subparagraph
793	shall be punished under ss. 370.021 and 370.14. Any commercial
794	harvester person receiving a judicial disposition other than
795	dismissal or acquittal on a charge of theft of or from a trap
796	pursuant to this subparagraph or s. 370.1107 shall, in addition
797	to the penalties specified in ss. 370.021 and 370.14 and the
798	provisions of this section, permanently lose all his or her
799	saltwater fishing privileges, including his or her saltwater
800	products license, spiny lobster crawfish endorsement, and all
801	trap certificates allotted to him or her through this program.
802	In such cases, trap certificates and endorsements are
803	nontransferable.
804	b.  Any commercial harvester person receiving a judicial
805	disposition other than dismissal or acquittal on a charge of
806	willful molestation of a trap, in addition to the penalties
807	specified in ss. 370.021 and 370.14, shall lose all saltwater
808	fishing privileges for a period of 24 calendar months.
809	c.  In addition, any commercial harvester person, firm, or
810	corporation charged with violating this paragraph and receiving
811	a judicial disposition other than dismissal or acquittal for
812	violating this subparagraph or s. 370.1107 shall also be
813	assessed an administrative penalty of up to $5,000.
814
815	Immediately upon receiving a citation for a violation involving
816	theft of or from a trap, or molestation of a trap, and until
817	adjudicated for such a violation or, upon receipt of a judicial
818	disposition other than dismissal or acquittal of such a
819	violation, the person, firm, or corporation committing the
820	violation is prohibited from transferring any spiny lobster
821	crawfish trap certificates and endorsements.
822	4.  In addition to any other penalties provided in s.
823	370.021, a commercial harvester, as defined by rule 68B-
824	24.002(1), Florida Administrative Code, who violates the
825	provisions of this section, or commission rules the provisions
826	relating to spiny lobster traps of chapter 68B-24, Florida
827	Administrative Code, shall be punished as follows:
828	a.  If the first violation is for violation of subparagraph
829	1. or subparagraph 2., the commission shall assess an additional
830	administrative civil penalty of up to $1,000 and the spiny
831	lobster crawfish trap number issued pursuant to s. 370.14(2) or
832	(6) may be suspended for the remainder of the current license
833	year. For all other first violations, the commission shall
834	assess an additional administrative civil penalty of up to $500.
835	b.  For a second violation of subparagraph 1. or
836	subparagraph 2. which occurs within 24 months of any previous
837	such violation, the commission shall assess an additional
838	administrative civil penalty of up to $2,000 and the spiny
839	lobster crawfish trap number issued pursuant to s. 370.14(2) or
840	(6) may be suspended for the remainder of the current license
841	year.
842	c.  For a third or subsequent violation of subparagraph 1.,
843	subparagraph 2., or subparagraph 3. which occurs within 36
844	months of any previous two such violations, the commission shall
845	assess an additional administrative civil penalty of up to
846	$5,000 and may suspend the spiny lobster crawfish trap number
847	issued pursuant to s. 370.14(2) or (6) for a period of up to 24
848	months or may revoke the spiny lobster crawfish trap number and,
849	if revoking the spiny lobster crawfish trap number, may also
850	proceed against the licenseholder's saltwater products license
851	in accordance with the provisions of s. 370.021(2)(h).
852	d.  Any person assessed an additional administrative civil
853	penalty pursuant to this section shall within 30 calendar days
854	after notification:
855	(I)  Pay the administrative civil penalty to the
856	commission; or
857	(II)  Request an administrative hearing pursuant to the
858	provisions of ss. 120.569 and 120.57 s. 120.60.
859	e.  The commission shall suspend the spiny lobster crawfish
860	trap number issued pursuant to s. 370.14(2) or (6) for any
861	person failing to comply with the provisions of sub-subparagraph
862	d.
863	5.a.  It is unlawful for any person to make, alter, forge,
864	counterfeit, or reproduce a spiny lobster trap tag or
865	certificate.
866	b.  It is unlawful for any person to knowingly have in his
867	or her possession a forged, counterfeit, or imitation spiny
868	lobster trap tag or certificate.
869	c.  It is unlawful for any person to barter, trade, sell,
870	supply, agree to supply, aid in supplying, or give away a spiny
871	lobster trap tag or certificate or to conspire to barter, trade,
872	sell, supply, aid in supplying, or give away a spiny lobster
873	trap tag or certificate unless such action is duly authorized by
874	the commission as provided in this chapter or in the rules of
875	the commission.
876	6.a.  Any commercial harvester person who violates the
877	provisions of subparagraph 5., or any commercial harvester
878	person who engages in the commercial harvest, trapping, or
879	possession of spiny lobster without a spiny lobster crawfish
880	trap number as required by s. 370.14(2) or (6) or during any
881	period while such spiny lobster crawfish trap number is under
882	suspension or revocation, commits a felony of the third degree,
883	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
884	b.  In addition to any penalty imposed pursuant to sub-
885	subparagraph a., the commission shall levy a fine of up to twice
886	the amount of the appropriate surcharge to be paid on the fair
887	market value of the transferred certificates, as provided in
888	subparagraph (a)1., on any commercial harvester person who
889	violates the provisions of sub-subparagraph 5.c.
890	c.  Any other person who violates the provisions of
891	subparagraph 5. commits a Level Four violation under s. 372.83.
892	7.  Any certificates for which the annual certificate fee
893	is not paid for a period of 3 years shall be considered
894	abandoned and shall revert to the commission. During any period
895	of trap reduction, any certificates reverting to the commission
896	shall become permanently unavailable and be considered in that
897	amount to be reduced during the next license-year period.
898	Otherwise, any certificates that revert to the commission are to
899	be reallotted in such manner as provided by the commission.
900	8.  The proceeds of all civil penalties collected pursuant
901	to subparagraph 4. and all fines collected pursuant to sub-
902	subparagraph 6.b. shall be deposited into the Marine Resources
903	Conservation Trust Fund.
904	9.  All traps shall be removed from the water during any
905	period of suspension or revocation.
906	10.  Except as otherwise provided, any person who violates
907	this paragraph commits a Level Two violation under s. 372.83.
908	Section 14.  Paragraph (q) is added to subsection (2) of
909	section 372.562, Florida Statutes, to read:
910	372.562  Recreational licenses and permits; exemptions from
911	fees and requirements.--
912	(2)  A hunting, freshwater fishing, or saltwater fishing
913	license or permit is not required for:
914	(q)  Any resident who holds a valid commercial fishing
915	license issued under s. 372.65(1)(a).
916	Section 15.  Subsections (4), (8), (11), and (12) of
917	section 372.57, Florida Statutes, are amended, and subsections
918	(16) and (17) are added to that section, to read:
919	372.57  Recreational licenses, permits, and authorization
920	numbers; fees established.--
921	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
922	and fees for residents participating in hunting and fishing
923	activities in this state are as follows:
924	(a)  Annual freshwater fishing license, $12.
925	(b)  Annual saltwater fishing license, $12.
926	(c)  Annual hunting license to take game, $11.
927	(d)  Annual combination hunting and freshwater fishing
928	license, $22.
929	(e)  Annual combination freshwater fishing and saltwater
930	fishing license, $24.
931	(f)  Annual combination hunting, freshwater fishing, and
932	saltwater fishing license, $34.
933	(g)  Annual license to take fur-bearing animals, $25.
934	However, a resident with a valid hunting license or a no-cost
935	license who is taking fur-bearing animals for noncommercial
936	purposes using guns or dogs only, and not traps or other
937	devices, is not required to purchase this license.  Also, a
938	resident 65 years of age or older is not required to purchase
939	this license.
940	(h)  Annual sportsman's license, $71 $66, except that an
941	annual sportsman's license for a resident 64 years of age or
942	older is $12. A sportsman's license authorizes the person to
943	whom it is issued to take game and freshwater fish, subject to
944	the state and federal laws, rules, and regulations, including
945	rules of the commission, in effect at the time of the taking.
946	Other authorized activities include activities authorized by a
947	management area permit, a muzzle-loading gun season permit, a
948	crossbow season permit, a turkey permit, a Florida waterfowl
949	permit, and an archery season permit.
950	(i)  Annual gold sportsman's license, $87 $82. The gold
951	sportsman's license authorizes the person to whom it is issued
952	to take freshwater fish, saltwater fish, and game, subject to
953	the state and federal laws, rules, and regulations, including
954	rules of the commission, in effect at the time of taking. Other
955	authorized activities include activities authorized by a
956	management area permit, a muzzle-loading gun season permit, a
957	crossbow season permit, a turkey permit, a Florida waterfowl
958	permit, an archery season permit, a snook permit, and a spiny
959	lobster crawfish permit.
960	(j)  Annual military gold sportsman's license, $18.50. The
961	gold sportsman's license authorizes the person to whom it is
962	issued to take freshwater fish, saltwater fish, and game,
963	subject to the state and federal laws, rules, and regulations,
964	including rules of the commission, in effect at the time of
965	taking. Other authorized activities include activities
966	authorized by a management area permit, a muzzle-loading gun
967	season permit, a crossbow season permit, a turkey permit, a
968	Florida waterfowl permit, an archery season permit, a snook
969	permit, and a spiny lobster crawfish permit. Any resident who is
970	an active or retired member of the United States Armed Forces,
971	the United States Armed Forces Reserve, the National Guard, the
972	United States Coast Guard, or the United States Coast Guard
973	Reserve is eligible to purchase the military gold sportsman's
974	license upon submission of a current military identification
975	card.
976	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
977	PERMITS.--In addition to any license required under this
978	chapter, the following permits and fees for specified hunting,
979	fishing, and recreational uses and activities are required:
980	(a)  An annual Florida waterfowl permit for a resident or
981	nonresident to take wild ducks or geese within the state or its
982	coastal waters is $3.
983	(b)1.  An annual Florida turkey permit for a resident to
984	take wild turkeys within the state is $5.
985	2.  An annual Florida turkey permit for a nonresident to
986	take wild turkeys within the state is $100.
987	(c)  An annual snook permit for a resident or nonresident
988	to take or possess any snook from any waters of the state is $2.
989	Revenue generated from the sale of snook permits shall be used
990	exclusively for programs to benefit the snook population.
991	(d)  An annual spiny lobster crawfish permit for a resident
992	or nonresident to take or possess any spiny lobster crawfish for
993	recreational purposes from any waters of the state is $2.
994	Revenue generated from the sale of spiny lobster crawfish
995	permits shall be used exclusively for programs to benefit the
996	spiny lobster crawfish population.
997	(e)  A $5 fee is imposed for each of the following permits:
998	1.  An annual archery season permit for a resident or
999	nonresident to hunt within the state during any archery season
1000	authorized by the commission.
1001	2.  An annual crossbow season permit for a resident or
1002	nonresident to hunt within the state during any crossbow season
1003	authorized by the commission.
1004	3.  An annual muzzle-loading gun season permit for a
1005	resident or nonresident to hunt within the state during any with
1006	a muzzle-loading gun season is $5. Hunting with a muzzle-loading
1007	gun is limited to game seasons in which hunting with a modern
1008	firearm is not authorized by the commission.
1009	(f)  An annual archery permit for a resident or nonresident
1010	to hunt within the state with a bow and arrow is $5.  Hunting
1011	with an archery permit is limited to those game seasons in which
1012	hunting with a firearm is not authorized by the commission.
1013	(f)(g)  A special use permit for a resident or nonresident
1014	to participate in limited entry hunting or fishing activities as
1015	authorized by commission rule shall not exceed $100 per day or
1016	$250 per week.  Notwithstanding any other provision of this
1017	chapter, there are no exclusions, exceptions, or exemptions from
1018	this permit fee.  In addition to the permit fee, the commission
1019	may charge each special use permit applicant a nonrefundable
1020	application fee not to exceed $10.
1021	(g)(h)1.  A management area permit for a resident or
1022	nonresident to hunt on, fish on, or otherwise use for outdoor
1023	recreational purposes land owned, leased, or managed by the
1024	commission, or by the state for the use and benefit of the
1025	commission, shall not exceed $25 per year.
1026	2.  Permit fees for short-term use of land that is owned,
1027	leased, or managed by the commission may be established by rule
1028	of the commission for activities on such lands.  Such permits
1029	may be in lieu of, or in addition to, the annual management area
1030	permit authorized in subparagraph 1.
1031	3.  Other than for hunting or fishing, the provisions of
1032	this paragraph shall not apply on any lands not owned by the
1033	commission, unless the commission has obtained the written
1034	consent of the owner or primary custodian of such lands.
1035	(h)(i)1.  A recreational user permit is required to hunt
1036	on, fish on, or otherwise use for outdoor recreational purposes
1037	land leased by the commission from private nongovernmental
1038	owners, except for those lands located directly north of the
1039	Apalachicola National Forest, east of the Ochlocknee River until
1040	the point the river meets the dam forming Lake Talquin, and
1041	south of the closest federal highway. The fee for a recreational
1042	user permit shall be based upon the economic compensation
1043	desired by the landowner, game population levels, desired hunter
1044	density, and administrative costs. The permit fee shall be set
1045	by commission rule on a per-acre basis. The recreational user
1046	permit fee, less administrative costs of up to $25 per permit,
1047	shall be remitted to the landowner as provided in the lease
1048	agreement for each area.
1049	2.  One minor dependent, 16 years of age or younger, may
1050	hunt under the supervision of the permittee and is exempt from
1051	the recreational user permit requirements.  The spouse and
1052	dependent children of a permittee are exempt from the
1053	recreational user permit requirements when engaged in outdoor
1054	recreational activities other than hunting and when accompanied
1055	by a permittee.  Notwithstanding any other provision of this
1056	chapter, no other exclusions, exceptions, or exemptions from the
1057	recreational user permit fee are authorized.
1058	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
1059	(a)  Lifetime hunting licenses are available to residents
1060	only, as follows, for:
1061	1.  Persons 4 years of age or younger, for a fee of $200.
1062	2.  Persons 5 years of age or older, but under 13 years of
1063	age, for a fee of $350.
1064	3.  Persons 13 years of age or older, for a fee of $500.
1065	(b)  The following activities are authorized by the
1066	purchase of a lifetime hunting license:
1067	1.  Taking, or attempting to take or possess, game
1068	consistent with the state and federal laws and regulations and
1069	rules of the commission in effect at the time of the taking.
1070	2.  All activities authorized by a muzzle-loading gun
1071	season permit, a crossbow season permit, a turkey permit, an
1072	archery season permit, a Florida waterfowl permit, and a
1073	management area permit, excluding fishing.
1074	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
1075	(a)  Lifetime sportsman's licenses are available to
1076	residents only, as follows, for:
1077	1.  Persons 4 years of age or younger, for a fee of $400.
1078	2.  Persons 5 years of age or older, but under 13 years of
1079	age, for a fee of $700.
1080	3.  Persons 13 years of age or older, for a fee of $1,000.
1081	(b)  The following activities are authorized by the
1082	purchase of a lifetime sportsman's license:
1083	1.  Taking, or attempting to take or possess, freshwater
1084	and saltwater fish, and game, consistent with the state and
1085	federal laws and regulations and rules of the commission in
1086	effect at the time of taking.
1087	2.  All activities authorized by a management area permit,
1088	a muzzle-loading gun season permit, a crossbow season permit, a
1089	turkey permit, an archery season permit, a Florida waterfowl
1090	permit, a snook permit, and a spiny lobster crawfish permit.
1091	(16)  PROHIBITED LICENSES OR PERMITS.--A person may not
1092	make, forge, counterfeit, or reproduce a license or permit
1093	required under this section, except for those persons authorized
1094	by the commission to make or reproduce such a license or permit.
1095	A person may not knowingly possess a forgery, counterfeit, or
1096	unauthorized reproduction of such a license or permit. A person
1097	who violates this subsection commits a Level Four violation
1098	under s. 372.83.
1099	(17)  SUSPENDED OR REVOKED LICENSES.--A person may not take
1100	game, freshwater fish, saltwater fish, or fur-bearing animals
1101	within this state if a license issued to such person as required
1102	under this section or a privilege granted to such person under
1103	s. 372.562 is suspended or revoked.  A person who violates this
1104	subsection commits a Level Three violation under s. 372.83.
1105	Section 16.  Subsection (5) of section 372.5704, Florida
1106	Statutes, is amended to read:
1107	372.5704  Fish and Wildlife Conservation Commission license
1108	program for tarpon; fees; penalties.--
1109	(5)  Any individual including a taxidermist who possesses a
1110	tarpon which does not have a tag securely attached as required
1111	by this section commits a Level Two violation under s. 372.83
1112	shall be subject to penalties as prescribed in s. 370.021.
1113	Provided, however, a taxidermist may remove the tag during the
1114	process of mounting a tarpon. The removed tag shall remain with
1115	the fish during any subsequent storage or shipment.
1116	Section 17.  Section 372.571, Florida Statutes, is amended
1117	to read:
1118	372.571  Expiration of licenses and permits.--Each license
1119	or permit issued under this chapter must be dated when issued.
1120	Each license or permit issued under this chapter remains valid
1121	for 12 months after the date of issuance, except for a lifetime
1122	license issued pursuant to s. 372.57 which is valid from the
1123	date of issuance until the death of the individual to whom the
1124	license is issued unless otherwise revoked in accordance with s.
1125	372.99, or a 5-year license issued pursuant to s. 372.57 which
1126	is valid for 5 consecutive years from the date of purchase
1127	unless otherwise revoked in accordance with s. 372.99, or a
1128	license issued pursuant to s. 372.57(5)(a), (b), (c), or (f) or
1129	(8)(f) (8)(g) or (g)(h)2., which is valid for the period
1130	specified on the license.  A resident lifetime license or a
1131	resident 5-year license that has been purchased by a resident of
1132	this state and who subsequently resides in another state shall
1133	be honored for activities authorized by that license.
1134	Section 18.  Section 372.5717, Florida Statutes, is amended
1135	to read:
1136	372.5717  Hunter safety course; requirements; penalty.--
1137	(1)  This section may be cited as the Senator Joe Carlucci
1138	Hunter Safety Act.
1139	(2)(a)  Except as provided in paragraph (b), a person born
1140	on or after June 1, 1975, may not be issued a license to take
1141	wild animal life with the use of a firearm, gun, bow, or
1142	crossbow in this state without having first successfully
1143	completed a hunter safety course as provided in this section,
1144	and without having in his or her personal possession a hunter
1145	safety certification card, as provided in this section.
1146	(b)  A person born on or after June 1, 1975, who has not
1147	successfully completed a hunter safety course may apply to the
1148	commission for a special authorization to hunt under
1149	supervision. The special authorization for supervised hunting
1150	shall be designated on any license or permit required under this
1151	chapter for a person to take game or fur-bearing animals, and
1152	shall be valid for not more than 1 year. A special authorization
1153	for supervised hunting may not be issued more than once to the
1154	person applying for such authorization. A person issued a
1155	license with a special authorization to hunt under supervision
1156	must hunt under the supervision of, and in the presence of, a
1157	person 21 years or age or older who is licensed to hunt pursuant
1158	to s. 372.57 or who is exempt from licensing requirements or
1159	eligible for a free license pursuant to s. 372.562.
1160	(3)  The Fish and Wildlife Conservation Commission shall
1161	institute and coordinate a statewide hunter safety course that
1162	which must be offered in every county and consist of not less
1163	than 12 hours nor more than 16 hours of instruction including,
1164	but not limited to, instruction in the competent and safe
1165	handling of firearms, conservation, and hunting ethics.
1166	(4)  The commission shall issue a permanent hunter safety
1167	certification card to each person who successfully completes the
1168	hunter safety course.  The commission shall maintain records of
1169	hunter safety certification cards issued and shall establish
1170	procedures for replacing lost or destroyed cards.
1171	(5)  A hunter safety certification card issued by a
1172	wildlife agency of another state, or any Canadian province,
1173	which shows that the holder of the card has successfully
1174	completed a hunter safety course approved by the commission is
1175	an acceptable substitute for the hunter safety certification
1176	card issued by the commission.
1177	(6)  All persons subject to the requirements of subsection
1178	(2) must have in their personal possession, proof of compliance
1179	with this section, while taking or attempting to take wildlife
1180	with the use of a firearm, gun, bow, or crossbow and must,
1181	unless the requirement to complete a hunter safety course is
1182	deferred pursuant to this section, display a valid hunter safety
1183	certification card to county tax collectors or their subagents
1184	in order to purchase a Florida hunting license. After the
1185	issuance of such a license, the license itself shall serve as
1186	proof of compliance with this section. A holder of a lifetime
1187	license whose license does not indicate on the face of the
1188	license that a hunter safety course has been completed must have
1189	in his or her personal possession a hunter safety certification
1190	card, as provided by this section, while attempting to take wild
1191	animal life with the use of a firearm, gun, bow, or crossbow.
1192	(7)  The hunter safety requirements of this section do not
1193	apply to persons for whom licenses are not required under s.
1194	372.562(2).
1195	(8)  A person who violates this section commits a Level One
1196	violation under s. 372.83 shall be cited for a noncriminal
1197	infraction, punishable as provided in s. 372.711.
1198	Section 19.  Section 372.573, Florida Statutes, is amended
1199	to read:
1200	372.573  Management area permit revenues.--The commission
1201	shall expend the revenue generated from the sale of the
1202	management area permit as provided for in s. 372.57(8)(g) s.
1203	372.57(8)(h) or that pro rata portion of any license that
1204	includes management area privileges as provided for in s.
1205	372.57(4)(h), (i), and (j) for the lease, management, and
1206	protection of lands for public hunting, fishing, and other
1207	outdoor recreation.
1208	Section 20.  Section 372.83, Florida Statutes, is amended
1209	to read:
1210	(Substantial rewording of section. See
1211	372.83, F.S., for present text.)
1212	372.83  Penalties and violations; civil penalties for
1213	noncriminal infractions; criminal penalties; suspension and
1214	forfeiture of licenses and permits.--
1215	(1)(a)  LEVEL ONE VIOLATIONS.--A person commits a Level One
1216	violation if he or she violates any of the following provisions:
1217	1.  Rules or orders of the commission relating to the
1218	filing of reports or other documents required to be filed by
1219	persons who hold recreational licenses and permits issued by the
1220	commission.
1221	2.  Rules or orders of the commission relating to quota
1222	hunt permits, daily use permits, hunting zone assignments,
1223	camping, alcoholic beverages, vehicles, and check stations
1224	within wildlife management areas or other areas managed by the
1225	commission.
1226	3.  Rules or orders of the commission relating to daily use
1227	permits, alcoholic beverages, swimming, possession of firearms,
1228	operation of vehicles, and watercraft speed within fish
1229	management areas managed by the commission.
1230	4.  Rules or orders of the commission relating to vessel
1231	size or specifying motor restrictions on specified water bodies.
1232	5.  Section 370.063, providing for special recreational
1233	spiny lobster licenses.
1234	6.  Subsections (1) through (15) of s. 372.57, providing
1235	for recreational licenses to hunt, fish, and trap.
1236	7.  Section 372.5717, providing hunter safety course
1237	requirements.
1238	8.  Section 372.988, prohibiting deer hunting unless
1239	required clothing is worn.
1240	(b)  A person who commits a Level One violation commits a
1241	noncriminal infraction and shall be cited to appear before the
1242	county court.
1243	(c)1.  The civil penalty for committing a Level One
1244	violation involving the license and permit requirements of s.
1245	372.57 is $50 plus the cost of the license or permit, unless
1246	subparagraph 2. applies.
1247	2.  The civil penalty for committing a Level One violation
1248	involving the license and permit requirements of s. 372.57 is
1249	$100 plus the cost of the license or permit, if the person cited
1250	has previously committed the same Level One violation within the
1251	preceding 36 months.
1252	(d)1.  The civil penalty for any other Level One violation
1253	is $50 unless subparagraph 2. applies.
1254	2.  The civil penalty for any other Level One violation is
1255	$100 if the person cited has previously committed the same Level
1256	One violation within the preceding 36 months.
1257	(e)  A person cited for a Level One violation shall sign
1258	and accept a citation to appear before the county court.  The
1259	issuing officer may indicate on the citation the time and
1260	location of the scheduled hearing and shall indicate the
1261	applicable civil penalty.
1262	(f)  A person cited for a Level One violation may pay the
1263	civil penalty by mail or in person within 30 days after receipt
1264	of the citation.  If the civil penalty is paid, the person shall
1265	be deemed to have admitted committing the Level One violation
1266	and to have waived his or her right to a hearing before the
1267	county court. Such admission may not be used as evidence in any
1268	other proceedings except to determine the appropriate fine for
1269	any subsequent violations.
1270	(g)  A person who refuses to accept a citation, who fails
1271	to pay the civil penalty for a Level One violation, or who fails
1272	to appear before a county court as required commits a
1273	misdemeanor of the second degree, punishable as provided in s.
1274	775.082 or s. 775.083.
1275	(h)  A person who elects to appear before the county court
1276	or who is required to appear before the county court shall be
1277	deemed to have waived the limitations on civil penalties
1278	provided under paragraphs (c) and (d). After a hearing, the
1279	county court shall determine if a Level One violation has been
1280	committed, and if so, may impose a civil penalty of not less
1281	than $50 for a first-time violation, and not more than $500 for
1282	subsequent violations. A person found guilty of committing a
1283	Level One violation may appeal that finding to the circuit
1284	court.  The commission of a violation must be proved beyond a
1285	reasonable doubt.
1286	(i)  A person cited for violating the requirements of s.
1287	372.57 relating to personal possession of a license or permit
1288	may not be convicted if, prior to or at the time of a county
1289	court hearing, the person produces the required license or
1290	permit for verification by the hearing officer or the court
1291	clerk.  The license or permit must have been valid at the time
1292	the person was cited.  The clerk or hearing officer may assess a
1293	$5 fee for costs under this paragraph.
1294	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1295	violation if he or she violates any of the following provisions:
1296	1.  Rules or orders of the commission relating to seasons
1297	or time periods for the taking of wildlife, freshwater fish, or
1298	saltwater fish.
1299	2.  Rules or orders of the commission establishing bag,
1300	possession, or size limits or restricting methods of taking
1301	wildlife, freshwater fish, or saltwater fish.
1302	3.  Rules or orders of the commission prohibiting access or
1303	otherwise relating to access to wildlife management areas or
1304	other areas managed by the commission.
1305	4.  Rules or orders of the commission relating to the
1306	feeding of wildlife, freshwater fish, or saltwater fish.
1307	5.  Rules or orders of the commission relating to landing
1308	requirements for freshwater fish or saltwater fish.
1309	6.  Rules or orders of the commission relating to
1310	restricted hunting areas, critical wildlife areas, or bird
1311	sanctuaries.
1312	7.  Rules or orders of the commission relating to tagging
1313	requirements for game and fur-bearing animals.
1314	8.  Rules or orders of the commission relating to the use
1315	of dogs for the taking of game.
1316	9.  Rules or orders of the commission which are not
1317	otherwise classified.
1318	10.  All prohibitions in chapter 370 which are not
1319	otherwise classified.
1320	11.  Section 370.028, prohibiting the violation of or
1321	noncompliance with commission rules.
1322	12.  Subsection 370.021(6) prohibiting the sale, purchase,
1323	harvest, or attempted harvest of any saltwater product with
1324	intent to sell.
1325	13.  Section 370.08, prohibiting the obstruction of
1326	waterways with net gear.
1327	14.  Section 370.1105, prohibiting the unlawful use of
1328	finfish traps.
1329	15.  Section 370.1121, prohibiting the unlawful taking of
1330	bonefish.
1331	16.  Paragraphs 370.13(2)(a) and (b), prohibiting the
1332	possession or use of stone crab traps without trap tags and
1333	theft of trap contents or gear.
1334	17.  Paragraph 370.135(1)(c), prohibiting the theft of blue
1335	crab trap contents or trap gear.
1336	18.  Paragraph 370.142 (2)(c), prohibiting the possession
1337	or use of spiny lobster traps without trap tags or certificates
1338	and theft of trap contents or trap gear.
1339	19.  Section 372.5704, prohibiting the possession of tarpon
1340	without purchasing a tarpon tag.
1341	20.  Section 372.667, prohibiting the feeding or enticement
1342	of alligators or crocodiles.
1343	21.  Section 372.705, prohibiting the intentional
1344	harassment of hunters, fishers, or trappers.
1345	(b)1.  A person who commits a Level Two violation but who
1346	has not been convicted of a Level Two or higher violation within
1347	the past 3 years commits a misdemeanor of the second degree,
1348	punishable as provided in s. 775.082 or s. 775.083.
1349	2.  Unless the stricter penalties in subparagraph 3. or
1350	subparagraph 4. apply, a person who commits a Level Two
1351	violation within 3 years after a previous conviction for a Level
1352	Two or higher violation commits a misdemeanor of the first
1353	degree, punishable as provided in s. 775.082 or s. 775.083, with
1354	a minimum mandatory fine of $250.
1355	3.  Unless the stricter penalties in subparagraph 4. apply,
1356	a person who commits a Level Two violation within 5 years after
1357	two previous convictions for a Level Two or higher violation,
1358	commits a misdemeanor of the first degree, punishable as
1359	provided in s. 775.082 or s. 775.083, with a minimum mandatory
1360	fine of $500 and a suspension of any recreational license or
1361	permit issued under s. 372.57 for 1 year. Such suspension shall
1362	include the suspension of the privilege to obtain such license
1363	or permit and the suspension of the ability to exercise any
1364	privilege granted under any exemption in s. 372.562.
1365	4.  A person who commits a Level Two violation within 10
1366	years after three previous convictions for a Level Two or higher
1367	violation commits a misdemeanor of the first degree, punishable
1368	as provided in s. 775.082 or s. 775.083, with a minimum
1369	mandatory fine of $750 and a suspension of any recreational
1370	license or permit issued under s. 372.57 for 3 years. Such
1371	suspension shall include the suspension of the privilege to
1372	obtain such license or permit and the suspension of the ability
1373	to exercise any privilege granted under s. 372.562. If the
1374	recreational license or permit being suspended was an annual
1375	license or permit, any privileges under ss. 372.562 and 372.57
1376	may not be acquired for a 3-year period following the date of
1377	the violation.
1378	(3)(a)  LEVEL THREE VIOLATIONS.--A person commits a Level
1379	Three violation if he or she violates any of the following
1380	provisions:
1381	1.  Rules or orders of the commission prohibiting the sale
1382	of saltwater fish.
1383	2.  Subsection 370.021(2), establishing major violations.
1384	3.  Subsection 370.021(4), prohibiting the possession of
1385	certain finfish in excess of recreational daily bag limits.
1386	4.  Section 370.081, prohibiting the illegal importation or
1387	possession of exotic marine plants or animals.
1388	5.  Section 372.26, prohibiting the importation of
1389	freshwater fish.
1390	6.  Section 372.265, prohibiting the importation of
1391	nonindigenous species of the animal kingdom without a permit
1392	issued by the commission.
1393	7.  Subsection 372.57(17), prohibiting the taking of game,
1394	freshwater fish, or saltwater fish while a required license is
1395	suspended or revoked.
1396	8.  Section 372.662, prohibiting the illegal sale or
1397	possession of alligators.
1398	9.  Subsections 372.99(1), (3), and (6), prohibiting the
1399	illegal taking and possession of deer and wild turkey.
1400	10.  Section 372.9903, prohibiting the possession and
1401	transportation of commercial quantities of freshwater game fish.
1402	(b)1.  A person who commits a Level Three violation but who
1403	has not been convicted of a Level Three or higher violation
1404	within the past 10 years, commits a misdemeanor of the first
1405	degree, punishable as provided in s. 775.082 or s. 775.083.
1406	2.  A person who commits a Level Three violation within 10
1407	years after a previous conviction for a Level Three or higher
1408	violation, commits a misdemeanor of the first degree, punishable
1409	as provided in s. 775.082 or s. 775.083, with a minimum
1410	mandatory fine of $750 and a suspension of any recreational
1411	license or permit issued under s. 372.57 for the remainder of
1412	the period for which the license or permit was issued up to 3
1413	years. Such suspension shall include the suspension of the
1414	privilege to obtain such license or permit and the ability to
1415	exercise any privilege granted under s. 372.562. If the
1416	recreational license or permit being suspended was an annual
1417	license or permit, any privileges under ss. 372.562 and 372.57
1418	may not be acquired for a 3-year period following the date of
1419	the violation.
1420	3.  A person who commits a violation of s. 372.57(17) shall
1421	receive a mandatory fine of $1,000. Any privileges under ss.
1422	372.562 and 372.57 may not be acquired for a 5-year period
1423	following the date of the violation.
1424	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1425	Four violation if he or she violates any of the following
1426	provisions:
1427	1.  Paragraph 370.13(2)(c), prohibiting criminal activities
1428	relating to the taking of stone crabs.
1429	2.  Paragraph 370.135(1)(b), prohibiting the willful
1430	molestation of blue crab gear.
1431	3.  Subsection 370.14(4), prohibiting the willful
1432	molestation of spiny lobster gear.
1433	4.  Subparagraph 370.142(2)(c)5., prohibiting the unlawful
1434	reproduction, possession, sale, trade, or barter of spiny
1435	lobster trap tags or certificates.
1436	5.  Subsection 372.57(16), prohibiting the making, forging,
1437	counterfeiting, or reproduction of a recreational license or
1438	possession of same without authorization from the commission.
1439	6.  Subsection 372.99(5), prohibiting the sale of
1440	illegally-taken deer or wild turkey.
1441	7.  Section 372.99022, prohibiting the molestation or theft
1442	of freshwater fishing gear.
1443	(b)  A person who commits a Level Four violation commits a
1444	felony of the third degree, punishable as provided in s. 775.082
1445	or s. 775.083.
1446	(5)  VIOLATIONS OF CHAPTER.--Except as provided in this
1447	chapter:
1448	(a)  A person who commits a violation of any provision of
1449	this chapter commits, for the first offense, a misdemeanor of
1450	the second degree, punishable as provided in s. 775.082 or s.
1451	775.083.
1452	(b)  A person who is convicted of a second or subsequent
1453	violation of any provision of this chapter commits a misdemeanor
1454	of the first degree, punishable as provided in s. 775.082 or s.
1455	775.083.
1456	(6)  SUSPENSION OR FORFEITURE OF LICENSE.--The court may
1457	order the suspension or forfeiture of any license or permit
1458	issued under this chapter to a person who is found guilty of
1459	committing a violation of this chapter.
1460	(7)  CONVICTION DEFINED.--As used in this section, the term
1461	"conviction" means any judicial disposition other than acquittal
1462	or dismissal.
1463	Section 21.  Section 372.935, Florida Statutes, is created
1464	to read:
1465	372.935  Captive wildlife; penalties for violations.--
1466	(1)(a)  NONCRIMINAL INFRACTIONS.--A person commits a
1467	noncriminal infraction if he or she violates any of the
1468	following provisions:
1469	1.  Rules or orders of the commission requiring a no-cost
1470	permit to possess captive wildlife for personal use.
1471	2.  Rules or orders of the commission requiring that
1472	persons who are licensed to possess captive wildlife file
1473	reports or other documents.
1474	(b)  A person cited for committing a noncriminal infraction
1475	under this section shall be cited to appear before the county
1476	court. The civil penalty for a person found guilty of committing
1477	a noncriminal violation under this section is $50, and the
1478	provisions of s. 372.83(1)(e)-(i) apply under this subsection.
1479	(2)  MISDEMEANORS.--A person commits a misdemeanor of the
1480	second degree, punishable as provided in s. 775.082 or s.
1481	775.083, for violating any of the following provisions:
1482	(a)  Rules or orders of the commission which require the
1483	payment of a fee for a person to obtain a permit to possess
1484	captive wildlife.
1485	(b)  Rules or orders of the commission which require the
1486	maintenance of records relating to captive wildlife.
1487	(c)  Rules or orders of the commission relating to captive
1488	wildlife which are not specified in subsection (1).
1489	(d)  Section 372.86, prohibiting the possession or
1490	exhibition of poisonous or venomous reptiles without a license
1491	or permit.
1492	(e)  Section 372.88, prohibiting the exhibition of
1493	poisonous or venomous reptiles without posting a bond.
1494	(f)  Section 372.89, prohibiting the possession or
1495	exhibition of poisonous or venomous reptiles in an unsafe
1496	manner.
1497	(g)  Section 372.90, prohibiting the transportation of
1498	poisonous or venomous reptiles in an unsafe manner.
1499	(h)  Section 372.901, prohibiting the penning or caging of
1500	poisonous or venomous reptiles in an unsafe manner.
1501	(i)  Section 372.91, prohibiting certain persons from
1502	opening containers housing poisonous or venomous reptiles.
1503	(j)  Section 372.921, prohibiting the exhibition or sale of
1504	wildlife.
1505	(k)  Section 372.922, prohibiting the personal possession
1506	of wildlife.
1507	Section 22.  Section 372.26, Florida Statutes, is amended
1508	to read:
1509	372.26  Imported fish.--
1510	(1)  No person shall import into the state or place in any
1511	of the fresh waters of the state any freshwater fish of any
1512	species without having first obtained a permit from the Fish and
1513	Wildlife Conservation Commission. The commission is authorized
1514	to issue or deny such a permit upon the completion of studies of
1515	the species made by it to determine any detrimental effect the
1516	species might have on the ecology of the state.
1517	(2)  A person who violates this section commits a Level
1518	Three violation under s. 372.83 Persons in violation of this
1519	section shall be guilty of a misdemeanor of the first degree,
1520	punishable as provided in s. 775.082 or s. 775.083.
1521	Section 23.  Section 372.265, Florida Statutes, is amended
1522	to read:
1523	372.265  Regulation of foreign animals.--
1524	(1)  It is unlawful to import for sale or use, or to
1525	release within this state, any species of the animal kingdom not
1526	indigenous to Florida without having obtained a permit to do so
1527	from the Fish and Wildlife Conservation Commission.
1528	(2)  The Fish and Wildlife Conservation Commission is
1529	authorized to issue or deny such a permit upon the completion of
1530	studies of the species made by it to determine any detrimental
1531	effect the species might have on the ecology of the state.
1532	(3)  A person Persons in violation of this section commits
1533	a Level Three violation under s. 372.83 shall be guilty of a
1534	misdemeanor of the first degree, punishable as provided in s.
1535	775.082 or s. 775.083.
1536	Section 24.  Subsection (2) of section 372.661, Florida
1537	Statutes, is amended to read:
1538	372.661  Private hunting preserve license fees;
1539	exception.--
1540	(2)  A commercial hunting preserve license, which shall
1541	exempt patrons of licensed preserves from the license and permit
1542	requirements of s. 372.57(4)(c), (d), (f), (h), (i), and (j);
1543	(5)(f) and (g); (8)(a), (b), and (e), and (f); (9)(a)2.; (11);
1544	and (12) while hunting on the licensed preserve property, shall
1545	be $500. Such commercial hunting preserve license shall be
1546	available only to those private hunting preserves licensed
1547	pursuant to this section which are operated exclusively for
1548	commercial purposes, which are open to the public, and for which
1549	a uniform fee is charged to patrons for hunting privileges.
1550	Section 25.  Section 372.662, Florida Statutes, is amended
1551	to read:
1552	372.662  Unlawful sale, possession, or transporting of
1553	alligators or alligator skins.--Whenever the sale, possession,
1554	or transporting of alligators or alligator skins is prohibited
1555	by any law of this state, or by the rules, regulations, or
1556	orders of the Fish and Wildlife Conservation Commission adopted
1557	pursuant to s. 9, Art. IV of the State Constitution, the sale,
1558	possession, or transporting of alligators or alligator skins is
1559	a Level Three violation under s. 372.83 misdemeanor of the first
1560	degree, punishable as provided in s. 775.082 or s. 775.083.
1561	Section 26.  Section 372.667, Florida Statutes, is amended
1562	to read:
1563	372.667  Feeding or enticement of alligators or crocodiles
1564	unlawful; penalty.--
1565	(1)  No person shall intentionally feed, or entice with
1566	feed, any wild American alligator (Alligator mississippiensis)
1567	or American crocodile (Crocodylus acutus).  However, the
1568	provisions of this section shall not apply to:
1569	(a)  Those persons feeding alligators or crocodiles
1570	maintained in protected captivity for educational, scientific,
1571	commercial, or recreational purposes.
1572	(b)  Fish and Wildlife Conservation Commission personnel,
1573	persons licensed or otherwise authorized by the commission, or
1574	county or municipal animal control personnel when relocating
1575	alligators or crocodiles by baiting or enticement.
1576	(2)  For the purposes of this section, the term "maintained
1577	in protected captivity" means held in captivity under a permit
1578	issued by the Fish and Wildlife Conservation Commission pursuant
1579	to s. 372.921 or s. 372.922.
1580	(3)  Any person who violates this section commits a Level
1581	Two violation under s. 372.83 is guilty of a misdemeanor of the
1582	second degree, punishable as provided in s. 775.082 or s.
1583	775.083.
1584	Section 27.  Section 372.705, Florida Statutes, is amended
1585	to read:
1586	372.705  Harassment of hunters, trappers, or fishers.--
1587	(1)  A person may not intentionally, within a publicly or
1588	privately owned wildlife management or fish management area or
1589	on any state-owned water body:
1590	(a)  Interfere with or attempt to prevent the lawful taking
1591	of fish, game, or nongame animals by another.
1592	(b)  Attempt to disturb fish, game, or nongame animals or
1593	attempt to affect their behavior with the intent to prevent
1594	their lawful taking by another.
1595	(2)  Any person who violates this section commits a Level
1596	Two violation under s. 372.83 subsection (1) is guilty of a
1597	misdemeanor of the second degree, punishable as provided in s.
1598	775.082 or s. 775.083.
1599	Section 28.  Section 372.988, Florida Statutes, is amended
1600	to read:
1601	372.988  Required clothing for persons hunting deer.--It is
1602	a Level One violation under s. 372.83 unlawful for any person to
1603	hunt deer, or for any person to accompany another person hunting
1604	deer, during the open season for the taking of deer on public
1605	lands unless each person shall wear a total of at least 500
1606	square inches of daylight fluorescent orange material as an
1607	outer garment. Such clothing shall be worn above the waistline
1608	and may include a head covering. The provisions of this section
1609	shall not apply to any person hunting deer with a bow and arrow
1610	during seasons restricted to hunting with a bow and arrow.
1611	Section 29.  Subsection (1) of section 372.99022, Florida
1612	Statutes, is amended to read:
1613	372.99022  Illegal molestation of or theft from freshwater
1614	fishing gear.--
1615	(1)(a)  Any person, firm, or corporation that willfully
1616	molests any authorized and lawfully permitted freshwater fishing
1617	gear belonging to another without the express written consent of
1618	the owner commits a Level Four violation under s. 372.83 felony
1619	of the third degree, punishable as provided in s. 775.082, s.
1620	775.083, or s. 775.084. Any written consent must be available
1621	for immediate inspection.
1622	(b)  Any person, firm, or corporation that willfully
1623	removes the contents of any authorized and lawfully permitted
1624	freshwater fishing gear belonging to another without the express
1625	written consent of the owner commits a Level Four violation
1626	under s. 372.83 felony of the third degree, punishable as
1627	provided in s. 775.082, s. 775.083, or s. 775.084. Any written
1628	consent must be available for immediate inspection.
1629
1630	A person, firm, or corporation that receives a citation for a
1631	violation of this subsection is prohibited, immediately upon
1632	receipt of such citation and until adjudicated or convicted of a
1633	felony under this subsection, from transferring any
1634	endorsements.
1635	Section 30.  Section 372.99, Florida Statutes, is amended
1636	to read:
1637	372.99  Illegal taking and possession of deer and wild
1638	turkey; evidence; penalty.--
1639	(1)  Whoever takes or kills any deer or wild turkey, or
1640	possesses a freshly killed deer or wild turkey, during the
1641	closed season prescribed by law or by the rules and regulations
1642	of the Fish and Wildlife Conservation Commission, or whoever
1643	takes or attempts to take any deer or wild turkey by the use of
1644	gun and light in or out of closed season, commits a Level Three
1645	violation under s. 372.83 is guilty of a misdemeanor of the
1646	first degree, punishable as provided in s. 775.082 or s.
1647	775.083, and shall forfeit any license or permit issued to her
1648	or him under the provisions of this chapter. No license shall be
1649	issued to such person for a period of 3 years following any such
1650	violation on the first offense.  Any person guilty of a second
1651	or subsequent violation shall be permanently ineligible for
1652	issuance of a license or permit thereafter.
1653	(2)  The display or use of a light in a place where deer
1654	might be found and in a manner capable of disclosing the
1655	presence of deer, together with the possession of firearms or
1656	other weapons customarily used for the taking of deer, between 1
1657	hour after sunset and 1 hour before sunrise, shall be prima
1658	facie evidence of an intent to violate the provisions of
1659	subsection (1). This subsection does not apply to an owner or
1660	her or his employee when patrolling or inspecting the land of
1661	the owner, provided the employee has satisfactory proof of
1662	employment on her or his person.
1663	(3)  Whoever takes or kills any doe deer; fawn or baby
1664	deer; or deer, whether male or female, which does not have one
1665	or more antlers at least 5 inches in length, except as provided
1666	by law or the rules of the Fish and Wildlife Conservation
1667	Commission, during the open season prescribed by the rules of
1668	the commission, commits a Level Three violation under 372.83 is
1669	guilty of a misdemeanor of the first degree, punishable as
1670	provided in s. 775.082 or s. 775.083, and may be required to
1671	forfeit any license or permit issued to such person for a period
1672	of 3 years following any such violation on the first offense.
1673	Any person guilty of a second or subsequent violation shall be
1674	permanently ineligible for issuance of a license or permit
1675	thereafter.
1676	(4)  Any person who cultivates agricultural crops may apply
1677	to the Fish and Wildlife Conservation Commission for a permit to
1678	take or kill deer on land which that person is currently
1679	cultivating.  When said person can show, to the satisfaction of
1680	the Fish and Wildlife Conservation Commission, that such taking
1681	or killing of deer is justified because of damage to the
1682	person's crops caused by deer, the Fish and Wildlife
1683	Conservation Commission may issue a limited permit to the
1684	applicant to take or kill deer without being in violation of
1685	subsection (1) or subsection (3).
1686	(5)  Whoever possesses for sale or sells deer or wild
1687	turkey taken in violation of this chapter or the rules and
1688	regulations of the commission commits a Level Four violation
1689	under s. 372.83 is guilty of a felony of the third degree,
1690	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1691	(6)  Any person who enters upon private property and shines
1692	lights upon such property, without the express permission of the
1693	owner of the property and with the intent to take deer by
1694	utilizing such shining lights, commits a Level Three violation
1695	under s. 372.83 shall be guilty of a misdemeanor of the second
1696	degree, punishable as provided in s. 775.082 or s. 775.083.
1697	Section 31.  Subsection (1) of section 372.9903, Florida
1698	Statutes, is amended to read:
1699	372.9903  Illegal possession or transportation of
1700	freshwater game fish in commercial quantities; penalty.--
1701	(1)  Whoever possesses, moves, or transports any black
1702	bass, bream, speckled perch, or other freshwater game fish in
1703	commercial quantities in violation of law or the rules of the
1704	Fish and Wildlife Conservation Commission commits a Level Three
1705	violation under s. 372.83 shall be guilty of a misdemeanor of
1706	the first degree, punishable as provided in s. 775.082 or s.
1707	775.083.
1708	Section 32.  Paragraph (a) of subsection (3) of section
1709	921.0022, Florida Statutes, is amended to read:
1710	921.0022  Criminal Punishment Code; offense severity
1711	ranking chart.--
1712	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
1713
	Statute Degree Description
1714
	(a)  LEVEL 1
1715
	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1716
	212.054(2)(b) 3rd Discretionary sales surtax; limitations,  administration, and collection.
1717
	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
1718
	316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1719
	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1720
	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1721
	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1722
	322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
1723
	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
1724
	322.212(5)(a) 3rd False application for driver's license or identification card.
1725
	370.13(2)(c)1. 3rd Molest any stone crab trap, line, or buoy  which is property of licenseholder.
1726
	370.135(1) 3rd Molest any blue crab trap,  line, or buoy which is property of licenseholder.
1727
	372.663(1) 3rd Poach any alligator or  crocodilia.
1728
	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
1729
	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1730
	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
1731
	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
1732
	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1733
	562.27(1) 3rd Possess still or still apparatus.
1734
	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
1735
	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
1736
	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
1737
	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1738
	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1739
	817.569(2) 3rd Use of public record or public records information to  facilitate commission of a felony.
1740
	826.01 3rd Bigamy.
1741
	828.122(3) 3rd Fighting or baiting animals.
1742
	831.04(1) 3rd Any erasure, alteration, etc., of any replacement  deed, map, plat, or other document listed in s. 92.28.
1743
	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1744
	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1745
	832.05(2)(b)&(4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
1746
	838.15(2) 3rd Commercial bribe receiving.
1747
	838.16 3rd Commercial bribery.
1748
	843.18 3rd Fleeing by boat to elude a law enforcement officer.
1749
	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1750
	849.01 3rd Keeping gambling house.
1751
	849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist  therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
1752
	849.23 3rd Gambling-related machines; "common offender" as to property rights.
1753
	849.25(2) 3rd Engaging in bookmaking.
1754
	860.08 3rd Interfere with a railroad signal.
1755
	860.13(1)(a) 3rd Operate aircraft while under the influence.
1756
	893.13(2)(a)2. 3rd Purchase of cannabis.
1757
	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1758
	934.03(1)(a) 3rd Intercepts, or procures any other person to  intercept, any wire or oral communication.
1759
1760	Section 33.  Section 372.831, Florida Statutes, is created
1761	to read:
1762	372.831  Wildlife Violators Compact Act.--The Wildlife
1763	Violators Compact is created and entered into with all other
1764	jurisdictions legally joining therein in the form substantially
1765	as follows:
1766	ARTICLE I
1767	Findings and Purpose
1768
1769	(1)  The participating states find that:
1770	(a)  Wildlife resources are managed in trust by the
1771	respective states for the benefit of all residents and visitors.
1772	(b)  The protection of the wildlife resources of a state is
1773	materially affected by the degree of compliance with state
1774	statutes, laws, regulations, ordinances, and administrative
1775	rules relating to the management of such resources.
1776	(c)  The preservation, protection, management, and
1777	restoration of wildlife contributes immeasurably to the
1778	aesthetic, recreational, and economic aspects of such natural
1779	resources.
1780	(d)  Wildlife resources are valuable without regard to
1781	political boundaries; therefore, every person should be required
1782	to comply with wildlife preservation, protection, management,
1783	and restoration laws, ordinances, and administrative rules and
1784	regulations of the participating states as a condition precedent
1785	to the continuance or issuance of any license to hunt, fish,
1786	trap, or possess wildlife.
1787	(e)  Violation of wildlife laws interferes with the
1788	management of wildlife resources and may endanger the safety of
1789	persons and property.
1790	(f)  The mobility of many wildlife law violators
1791	necessitates the maintenance of channels of communication among
1792	the various states.
1793	(g)  In most instances, a person who is cited for a
1794	wildlife violation in a state other than his or her home state
1795	is:
1796	1.  Required to post collateral or a bond to secure
1797	appearance for a trial at a later date;
1798	2.  Taken into custody until the collateral or bond is
1799	posted; or
1800	3.  Taken directly to court for an immediate appearance.
1801	(h)  The purpose of the enforcement practices set forth in
1802	paragraph (g) is to ensure compliance with the terms of a
1803	wildlife citation by the cited person who, if permitted to
1804	continue on his or her way after receiving the citation, could
1805	return to his or her home state and disregard his or her duty
1806	under the terms of the citation.
1807	(i)  In most instances, a person receiving a wildlife
1808	citation in his or her home state is permitted to accept the
1809	citation from the officer at the scene of the violation and
1810	immediately continue on his or her way after agreeing or being
1811	instructed to comply with the terms of the citation.
1812	(j)  The practices described in paragraph (g) cause
1813	unnecessary inconvenience and, at times, a hardship for the
1814	person who is unable at the time to post collateral, furnish a
1815	bond, stand trial, or pay a fine, and thus is compelled to
1816	remain in custody until some alternative arrangement is made.
1817	(k)  The enforcement practices described in paragraph (g)
1818	consume an undue amount of time of law enforcement agencies.
1819	(2)  It is the policy of the participating states to:
1820	(a)  Promote compliance with the statutes, laws,
1821	ordinances, regulations, and administrative rules relating to
1822	the management of wildlife resources in their respective states.
1823	(b)  Recognize a suspension of the wildlife license
1824	privileges of any person whose license privileges have been
1825	suspended by a participating state and treat such suspension as
1826	if it had occurred in each respective state.
1827	(c)  Allow a violator, except as provided in subsection (2)
1828	of Article III, to accept a wildlife citation and, without
1829	delay, proceed on his or her way, whether or not the violator is
1830	a resident of the state in which the citation was issued, if the
1831	violator's home state is party to this compact.
1832	(d)  Report to the appropriate participating state, as
1833	provided in the compact manual, any conviction recorded against
1834	any person whose home state was not the issuing state.
1835	(e)  Allow the home state to recognize and treat
1836	convictions recorded against its residents, which convictions
1837	occurred in a participating state, as though they had occurred
1838	in the home state.
1839	(f)  Extend cooperation to its fullest extent among the
1840	participating states for enforcing compliance with the terms of
1841	a wildlife citation issued in one participating state to a
1842	resident of another participating state.
1843	(g)  Maximize the effective use of law enforcement
1844	personnel and information.
1845	(h)  Assist court systems in the efficient disposition of
1846	wildlife violations.
1847	(3)  The purpose of this compact is to:
1848	(a)  Provide a means through which participating states may
1849	join in a reciprocal program to effectuate the policies
1850	enumerated in subsection (2) in a uniform and orderly manner.
1851	(b)  Provide for the fair and impartial treatment of
1852	wildlife violators operating within participating states in
1853	recognition of the violator's right to due process and the
1854	sovereign status of a participating state.
1855	ARTICLE II
1856	Definitions
1857
1858	As used in this compact, the term:
1859	(1)  "Citation" means any summons, complaint, summons and
1860	complaint, ticket, penalty assessment, or other official
1861	document issued to a person by a wildlife officer or other peace
1862	officer for a wildlife violation which contains an order
1863	requiring the person to respond.
1864	(2)  "Collateral" means any cash or other security
1865	deposited to secure an appearance for trial in connection with
1866	the issuance by a wildlife officer or other peace officer of a
1867	citation for a wildlife violation.
1868	(3)  "Compliance" with respect to a citation means the act
1869	of answering a citation through an appearance in a court or
1870	tribunal, or through the payment of fines, costs, and
1871	surcharges, if any.
1872	(4)  "Conviction" means a conviction that results in
1873	suspension or revocation of a license, including any court
1874	conviction, for any offense related to the preservation,
1875	protection, management, or restoration of wildlife which is
1876	prohibited by state statute, law, regulation, ordinance, or
1877	administrative rule. The term also includes the forfeiture of
1878	any bail, bond, or other security deposited to secure appearance
1879	by a person charged with having committed any such offense, the
1880	payment of a penalty assessment, a plea of nolo contendere, or
1881	the imposition of a deferred or suspended sentence by the court.
1882	(5)  "Court" means a court of law, including magistrate's
1883	court and the justice of the peace court.
1884	(6)  "Home state" means the state of primary residence of a
1885	person.
1886	(7)  "Issuing state" means the participating state that
1887	issues a wildlife citation to the violator.
1888	(8)  "License" means any license, permit, or other public
1889	document that conveys to the person to whom it was issued the
1890	privilege of pursuing, possessing, or taking any wildlife
1891	regulated by statute, law, regulation, ordinance, or
1892	administrative rule of a participating state; any privilege to
1893	obtain such license, permit, or other public document; or any
1894	statutory exemption from the requirement to obtain such license,
1895	permit, or other public document. However, when applied to a
1896	license, permit, or privilege issued or granted by the State of
1897	Florida, only a license or permit issued under s. 372.57, or a
1898	privilege granted under s. 372.562, shall be considered a
1899	license.
1900	(9)  "Licensing authority" means the department or division
1901	within each participating state which is authorized by law to
1902	issue or approve licenses or permits to hunt, fish, trap, or
1903	possess wildlife.
1904	(10)  "Participating state" means any state that enacts
1905	legislation to become a member of this wildlife compact.
1906	(11)  "Personal recognizance" means an agreement by a
1907	person made at the time of issuance of the wildlife citation
1908	that such person will comply with the terms of the citation.
1909	(12)  "State" means any state, territory, or possession of
1910	the United States, the District of Columbia, the Commonwealth of
1911	Puerto Rico, the Provinces of Canada, and other countries.
1912	(13)  "Suspension" means any revocation, denial, or
1913	withdrawal of any or all license privileges, including the
1914	privilege to apply for, purchase, or exercise the benefits
1915	conferred by any license.
1916	(14)  "Terms of the citation" means those conditions and
1917	options expressly stated upon the citation.
1918	(15)  "Wildlife" means all species of animals, including,
1919	but not limited to, mammals, birds, fish, reptiles, amphibians,
1920	mollusks, and crustaceans, which are defined as "wildlife" and
1921	are protected or otherwise regulated by statute, law,
1922	regulation, ordinance, or administrative rule in a participating
1923	state. Species included in the definition of "wildlife" vary
1924	from state to state and the determination of whether a species
1925	is "wildlife" for the purposes of this compact shall be based on
1926	local law.
1927	(16)  "Wildlife law" means any statute, law, regulation,
1928	ordinance, or administrative rule developed and enacted for the
1929	management of wildlife resources and the uses thereof.
1930	(17)  "Wildlife officer" means any individual authorized by
1931	a participating state to issue a citation for a wildlife
1932	violation.
1933	(18)  "Wildlife violation" means any cited violation of a
1934	statute, law, regulation, ordinance, or administrative rule
1935	developed and enacted for the management of wildlife resources
1936	and the uses thereof.
1937	ARTICLE III
1938	Procedures for Issuing State
1939
1940	(1)  When issuing a citation for a wildlife violation, a
1941	wildlife officer shall issue a citation to any person whose
1942	primary residence is in a participating state in the same manner
1943	as though the person were a resident of the issuing state and
1944	shall not require such person to post collateral to secure
1945	appearance, subject to the exceptions noted in subsection (2),
1946	if the officer receives the recognizance of such person that he
1947	will comply with the terms of the citation.
1948	(2)  Personal recognizance is acceptable if not prohibited
1949	by local law; by policy, procedure, or regulation of the issuing
1950	agency; or by the compact manual and if the violator provides
1951	adequate proof of identification to the wildlife officer.
1952	(3)  Upon conviction or failure of a person to comply with
1953	the terms of a wildlife citation, the appropriate official shall
1954	report the conviction or failure to comply to the licensing
1955	authority of the participating state in which the wildlife
1956	citation was issued. The report shall be made in accordance with
1957	procedures specified by the issuing state and must contain
1958	information as specified in the compact manual as minimum
1959	requirements for effective processing by the home state.
1960	(4)  Upon receipt of the report of conviction or
1961	noncompliance pursuant to subsection (3), the licensing
1962	authority of the issuing state shall transmit to the licensing
1963	authority of the home state of the violator the information in
1964	the form and content prescribed in the compact manual.
1965	ARTICLE IV
1966	Procedure for Home State
1967
1968	(1)  Upon receipt of a report from the licensing authority
1969	of the issuing state reporting the failure of a violator to
1970	comply with the terms of a citation, the licensing authority of
1971	the home state shall notify the violator and shall initiate a
1972	suspension action in accordance with the home state's suspension
1973	procedures and shall suspend the violator's license privileges
1974	until satisfactory evidence of compliance with the terms of the
1975	wildlife citation has been furnished by the issuing state to the
1976	home state licensing authority. Due-process safeguards shall be
1977	accorded.
1978	(2)  Upon receipt of a report of conviction from the
1979	licensing authority of the issuing state, the licensing
1980	authority of the home state shall enter such conviction in its
1981	records and shall treat such conviction as though it occurred in
1982	the home state for purposes of the suspension of license
1983	privileges.
1984	(3)  The licensing authority of the home state shall
1985	maintain a record of actions taken and shall make reports to
1986	issuing states as provided in the compact manual.
1987	ARTICLE V
1988	Reciprocal Recognition of Suspension
1989
1990	(1)  Each participating state may recognize the suspension
1991	of license privileges of any person by any other participating
1992	state as though the violation resulting in the suspension had
1993	occurred in that state and would have been the basis for
1994	suspension of license privileges in that state.
1995	(2)  Each participating state shall communicate suspension
1996	information to other participating states in the form and
1997	content contained in the compact manual.
1998	ARTICLE VI
1999	Applicability of Other Laws
2000
2001	Except as expressly required by provisions of this compact, this
2002	compact does not affect the right of any participating state to
2003	apply any of its laws relating to license privileges to any
2004	person or circumstance or to invalidate or prevent any agreement
2005	or other cooperative arrangement between a participating state
2006	and a nonparticipating state concerning the enforcement of
2007	wildlife laws.
2008	ARTICLE VII
2009	Compact Administrator Procedures
2010
2011	(1)  For the purpose of administering the provisions of
2012	this compact and to serve as a governing body for the resolution
2013	of all matters relating to the operation of this compact, a
2014	board of compact administrators is established. The board shall
2015	be composed of one representative from each of the participating
2016	states to be known as the compact administrator. The compact
2017	administrator shall be appointed by the head of the licensing
2018	authority of each participating state and shall serve and be
2019	subject to removal in accordance with the laws of the state he
2020	or she represents. A compact administrator may provide for the
2021	discharge of his or her duties and the performance of his or her
2022	functions as a board member by an alternate. An alternate is not
2023	entitled to serve unless written notification of his or her
2024	identity has been given to the board.
2025	(2)  Each member of the board of compact administrators
2026	shall be entitled to one vote. No action of the board shall be
2027	binding unless taken at a meeting at which a majority of the
2028	total number of the board's votes are cast in favor thereof.
2029	Action by the board shall be only at a meeting at which a
2030	majority of the participating states are represented.
2031	(3)  The board shall elect annually from its membership a
2032	chairman and vice chairman.
2033	(4)  The board shall adopt bylaws not inconsistent with the
2034	provisions of this compact or the laws of a participating state
2035	for the conduct of its business and shall have the power to
2036	amend and rescind its bylaws.
2037	(5)  The board may accept for any of its purposes and
2038	functions under this compact any and all donations and grants of
2039	moneys, equipment, supplies, materials, and services,
2040	conditional or otherwise, from any state, the United States, or
2041	any governmental agency, and may receive, use, and dispose of
2042	the same.
2043	(6)  The board may contract with, or accept services or
2044	personnel from, any governmental or intergovernmental agency,
2045	individual, firm, corporation, or private nonprofit organization
2046	or institution.
2047	(7)  The board shall formulate all necessary procedures and
2048	develop uniform forms and documents for administering the
2049	provisions of this compact. All procedures and forms adopted
2050	pursuant to board action shall be contained in a compact manual.
2051	ARTICLE VIII
2052	Entry into Compact and Withdrawal
2053
2054	(1)  This compact shall become effective at such time as it
2055	is adopted in substantially similar form by two or more states.
2056	(2)(a)  Entry into the compact shall be made by resolution
2057	of ratification executed by the authorized officials of the
2058	applying state and submitted to the chairman of the board.
2059	(b)  The resolution shall substantially be in the form and
2060	content as provided in the compact manual and must include the
2061	following:
2062	1.  A citation of the authority from which the state is
2063	empowered to become a party to this compact;
2064	2.  An agreement of compliance with the terms and
2065	provisions of this compact; and
2066	3.  An agreement that compact entry is with all states
2067	participating in the compact and with all additional states
2068	legally becoming a party to the compact.
2069	(c)  The effective date of entry shall be specified by the
2070	applying state, but may not be less than 60 days after notice
2071	has been given by the chairman of the board of the compact
2072	administrators or by the secretariat of the board to each
2073	participating state that the resolution from the applying state
2074	has been received.
2075	(3)  A participating state may withdraw from participation
2076	in this compact by official written notice to each participating
2077	state, but withdrawal shall not become effective until 90 days
2078	after the notice of withdrawal is given. The notice must be
2079	directed to the compact administrator of each member state. The
2080	withdrawal of any state does not affect the validity of this
2081	compact as to the remaining participating states.
2082	ARTICLE IX
2083	Amendments to the Compact
2084
2085	(1)  This compact may be amended from time to time.
2086	Amendments shall be presented in resolution form to the chairman
2087	of the board of compact administrators and shall be initiated by
2088	one or more participating states.
2089	(2)  Adoption of an amendment shall require endorsement by
2090	all participating states and shall become effective 30 days
2091	after the date of the last endorsement.
2092	ARTICLE X
2093	Construction and Severability
2094
2095	This compact shall be liberally construed so as to effectuate
2096	the purposes stated herein. The provisions of this compact are
2097	severable and if any phrase, clause, sentence, or provision of
2098	this compact is declared to be contrary to the constitution of
2099	any participating state or of the United States, or if the
2100	applicability thereof to any government, agency, individual, or
2101	circumstance is held invalid, the validity of the remainder of
2102	this compact shall not be affected thereby. If this compact is
2103	held contrary to the constitution of any participating state,
2104	the compact shall remain in full force and effect as to the
2105	remaining states and in full force and effect as to the
2106	participating state affected as to all severable matters.
2107	ARTICLE XI
2108	Title
2109
2110	This compact shall be known as the "Wildlife Violator
2111	Compact."
2112	Section 34.  Section 372.8311, Florida Statutes, is created
2113	to read:
2114	372.8311  Compact licensing and enforcement authority;
2115	administrative review.--
2116	(1)  LICENSING AND ENFORCEMENT AUTHORITY.--For purposes of
2117	this act and the interstate wildlife violator compact, the Fish
2118	and Wildlife Conservation Commission is the licensing authority
2119	for the State of Florida and shall enforce the interstate
2120	Wildlife Violators Compact and shall do all things within the
2121	commission's jurisdiction which are necessary to effectuate the
2122	purposes and the intent of the compact. The commission may
2123	execute a resolution of ratification to formalize the State of
2124	Florida's entry into the compact. Upon adoption of the Wildlife
2125	Violators Compact, the commission may adopt rules to administer
2126	the provisions of the compact.
2127	(2)  ADMINISTRATIVE REVIEW.--Any action committed or
2128	omitted by the Fish and Wildlife Conservation Commission under
2129	or in the enforcement of the Wildlife Violator Compact created
2130	in s. 372.831 is subject to review under chapter 120.
2131	Section 35.  For purposes of incorporating the crossbow
2132	season permit established under s. 372.57, Florida Statutes, the
2133	hunter safety course exemption established under s. 372.5717,
2134	Florida Statutes, and the Wildlife Violator Compact established
2135	under s. 372.831, Florida Statutes, the Fish and Wildlife
2136	Conservation Commission shall update the automated licensing
2137	system authorized under s. 372.551, Florida Statutes, by no
2138	later than August 1, 2006.
2139	Section 36.  Sections 372.711 and 372.912, Florida
2140	Statutes, are repealed.
2141	Section 37.  This act shall take effect July 1, 2006.
2142
2143	======= T I T L E  A M E N D M E N T ==========
2144	Remove the entire title and insert:
2145	A bill to be entitled
2146	An act relating to fish and wildlife; amending s. 370.01,
2147	F.S.; defining the term "commercial harvester"; amending
2148	s. 370.021, F.S.; providing for base penalties; conforming
2149	penalty provisions for commercial harvesters; providing
2150	penalties for persons other than commercial harvesters;
2151	conforming provisions relating to the spiny lobster;
2152	amending s. 370.028, F.S.; conforming penalty provisions;
2153	amending s. 370.061, F.S.; correcting a cross-reference;
2154	amending ss. 370.063, 370.08, 370.081, 370.1105, 370.1121,
2155	370.13, 370.135, 370.14, and 370.142, F.S.; conforming
2156	penalty provisions for commercial harvesters; providing
2157	penalties for persons other than commercial harvesters;
2158	conforming provisions relating to the spiny lobster;
2159	deleting obsolete provisions; amending s. 372.562, F.S.;
2160	conforming a provision providing an exemption from fees
2161	and requirements; amending s. 372.57, F.S.; specifying
2162	seasonal recreational activities for which a license or
2163	permit is required; increasing fees for certain licenses
2164	to conform; providing a fee for a crossbow season permit;
2165	providing for crossbow season permits; providing penalties
2166	for the production, possession, and use of fraudulent
2167	fishing and hunting licenses; providing penalties for the
2168	taking of game and fish with a suspended or revoked
2169	license; conforming provisions relating to the spiny
2170	lobster; amending s. 372.5704, F.S.; conforming penalty
2171	provisions; amending ss. 372.571 and 372.573, F.S.;
2172	correcting cross-references; amending s. 372.5717, F.S.;
2173	authorizing the Fish and Wildlife Conservation Commission
2174	to defer the hunter safety education course requirement
2175	for a specified time period and for a specified number of
2176	times; providing for a special authorization and
2177	conditions to hunt using a hunter safety education
2178	deferral; deleting the mandatory minimum number of
2179	instructional hours for persons required to take the
2180	hunter safety education course; providing an exemption for
2181	the display of hunter safety education certificates;
2182	providing penalties; amending s. 372.83, F.S.; revising
2183	the penalties for violations of rules, orders, and
2184	regulations of the Fish and Wildlife Conservation
2185	Commission; creating penalties for recreational violations
2186	of certain saltwater fishing regulations established in
2187	ch. 370, F.S.; providing for court appearances in certain
2188	circumstances; providing for Level One, Level Two, Level
2189	Three, and Level Four offenses; providing for enhanced
2190	penalties for multiple violations; providing for
2191	suspension and revocation of licenses and permits,
2192	including exemptions from licensing and permit
2193	requirements; defining the term "conviction" for purposes
2194	of penalty provisions; creating s. 372.935, F.S.;
2195	providing penalties for violations involving captive
2196	wildlife and poisonous or venomous reptiles; specifying
2197	violations that constitute noncriminal infractions or
2198	second-degree misdemeanors; amending ss. 372.26, 372.265,
2199	372.661, 372.662, 372.667, 372.705, 372.988, 372.99022,
2200	372.99, and 372.9903, F.S.; conforming penalty provisions;
2201	amending s. 921.0022, F.S.; deleting certain Level One
2202	offense designations; creating s. 372.831, F.S.; creating
2203	the Wildlife Violators Compact; providing findings and
2204	purposes; providing definitions; providing procedures for
2205	states issuing citations for wildlife violations;
2206	providing requirements for the home state of a violator;
2207	providing for reciprocal recognition of a license
2208	suspension; providing procedures for administering the
2209	compact; providing for entry into and withdrawal from the
2210	compact; providing for construction of the compact and for
2211	severability; creating s. 372.8311, F.S.; providing for
2212	enforcement of the compact by the Fish and Wildlife
2213	Conservation Commission; providing that actions committed
2214	or omitted by the Fish and Wildlife Conservation
2215	Commission in enforcing the compact are subject to review
2216	under ch. 120, F.S.; requiring that the Fish and Wildlife
2217	Conservation Commission update the automated licensing
2218	system by August 1, 2006; repealing s. 372.711, F.S.,
2219	relating to noncriminal infractions; repealing s. 372.912,
2220	F.S.; relating to poisonous or venomous reptile hunts;
2221	providing an effective date.

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