HB 0471

CS

CHAMBER ACTION

1	The Water & Natural Resources Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to fish and wildlife; amending s. 370.01,
8	F.S.; defining "commercial harvest"; amending s. 370.021,
9	F.S.; revising penalties for violations related to
10	commercial harvest; correcting cross-references; amending
11	s. 370.061, F.S.; correcting a cross-reference; amending
12	s. 372.57, F.S.; specifying seasonal recreational
13	activities for which a license or permit is required;
14	increasing fees for certain annual licenses; providing
15	fees for certain permits; providing for crossbow season
16	permits; providing penalties for the production,
17	possession, and use of fraudulent fishing and hunting
18	licenses; providing penalties for the taking of game and
19	fish with a suspended or revoked license; amending s.
20	372.571, F.S.; correcting a cross-reference; amending s.
21	372.5717, F.S.; authorizing the Fish and Wildlife
22	Conservation Commission to defer the hunter safety course
23	requirement for a specified time period and issue a
24	restricted hunting license; limiting the number of
25	deferrals an individual is allowed; permitting hunting
26	with a restricted license under certain circumstances;
27	deleting the mandatory minimum number of instructional
28	hours for the required hunter safety course; providing an
29	exemption for the display of hunter safety certification;
30	providing penalties for violations; creating s. 372.825,
31	F.S.; establishing penalties for violations related to the
32	possession of captive wildlife; revising the penalties for
33	violations related to hunter safety course requirements;
34	amending s. 372.83, F.S.; revising the penalties for
35	violations of law and Fish and Wildlife Conservation
36	Commission rules and orders relating to recreational
37	activities; providing circumstances requiring a court
38	appearance; authorizing suspension or revocation of
39	license or permit; defining "conviction"; amending ss.
40	372.573 and 372.661, F.S.; correcting cross-references;
41	creating s. 372.831, F.S.; creating the interstate
42	Wildlife Violators Compact; providing findings, policy,
43	and purpose; providing definitions; providing requirements
44	and procedures for issuing and participating states for
45	issuance of violation citations; providing for reciprocal
46	recognition of certain license suspension related to fish
47	and wildlife activities; providing for applicability of
48	laws; providing procedures for compact administration;
49	establishing a board of compact administrators; providing
50	requirements and procedures with respect thereto;
51	providing for compact entry, withdrawal, ratification, and
52	amendment; providing for compact construction and
53	severability; providing the compact title; creating s.
54	372.832, F.S.; providing for compact licensing authority;
55	creating s. 372.833, F.S.; providing for compact
56	enforcement and violation review; amending ss. 370.028,
57	370.092, 370.093, 370.12, 370.1405, and 370.142, F.S.;
58	correcting cross-references; providing an effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Subsections (5) through (28) of section 370.01,
63	Florida Statutes, are renumbered as subsections (6) through
64	(29), respectively, and a new subsection (5) is added to that
65	section to read:
66	370.01  Definitions.--In construing these statutes, where
67	the context does not clearly indicate otherwise, the word,
68	phrase, or term:
69	(5)  "Commercial harvest" means the taking or harvest of
70	marine fish while operating under a permit, license, or
71	authorization issued pursuant to this chapter; while operating
72	in a manner consistent with such a permit, license, or
73	authorization while such permit, license, or authorization is
74	suspended or revoked; or in quantities sufficient to suggest
75	intent to sell.
76	Section 2.  Present subsections (1) through (4) of section
77	370.021, Florida Statutes, are renumbered as subsections (2)
78	through (5), respectively, and amended, present subsections (5)
79	through (12) are renumbered as subsections (6) through (13),
80	respectively, and a new subsection (1) is added to that section,
81	to read:
82	370.021  Administration; rules, publications, records;
83	penalties; injunctions.--
84	(1)  APPLICATION OF PENALTIES.--The penalties in this
85	section apply when the commission of a violation is related to
86	commercial harvest; when the commission of a violation is
87	related to commercial harvest, the penalties in s. 372.83 do not
88	apply.
89	(2)(1)  PENALTIES.--Unless otherwise provided by law, any
90	person, firm, or corporation who violates is convicted for
91	violating any provision of this chapter, or any rule of the Fish
92	and Wildlife Conservation Commission relating to the
93	conservation of marine resources, shall be punished:
94	(a)  Upon a first conviction, by imprisonment for a period
95	of not more than 60 days or by a fine of not less than $100 nor
96	more than $500, or by both such fine and imprisonment.
97	(b)  On a second or subsequent conviction within 12 months,
98	by imprisonment for not more than 6 months or by a fine of not
99	less than $250 nor more than $1,000, or by both such fine and
100	imprisonment.
101
102	Upon final disposition of any alleged offense for which a
103	citation for any violation of this chapter or the rules of the
104	commission has been issued, the court shall, within 10 days,
105	certify the disposition to the commission.
106	(3)(2)  MAJOR VIOLATIONS.--In addition to the penalties
107	provided in paragraphs (2)(1)(a) and (b), the court shall assess
108	additional penalties against any person, firm, or corporation
109	convicted of major violations as follows:
110	(a)  For a violation involving more than 100 illegal blue
111	crabs, crawfish, or stone crabs, an additional penalty of $10
112	for each illegal blue crab, crawfish, stone crab, or part
113	thereof.
114	(b)  For a violation involving the taking or harvesting of
115	shrimp from a nursery or other prohibited area, or any two
116	violations within a 12-month period involving shrimping gear,
117	minimum size (count), or season, an additional penalty of $10
118	for each pound of illegal shrimp or part thereof.
119	(c)  For a violation involving the taking or harvesting of
120	oysters from nonapproved areas or the taking or possession of
121	unculled oysters, an additional penalty of $10 for each bushel
122	of illegal oysters.
123	(d)  For a violation involving the taking or harvesting of
124	clams from nonapproved areas, an additional penalty of $100 for
125	each 500 count bag of illegal clams.
126	(e)  For a violation involving the taking, harvesting, or
127	possession of any of the following species, which are
128	endangered, threatened, or of special concern:
129	1.  Shortnose sturgeon (Acipenser brevirostrum);
130	2.  Atlantic sturgeon (Acipenser oxyrhynchus);
131	3.  Common snook (Centropomus undecimalis);
132	4.  Atlantic loggerhead turtle (Caretta caretta caretta);
133	5.  Atlantic green turtle (Chelonia mydas mydas);
134	6.  Leatherback turtle (Dermochelys coriacea);
135	7.  Atlantic hawksbill turtle (Eretmochelys imbricata
136	imbracata);
137	8.  Atlantic ridley turtle (Lepidochelys kempi); or
138	9.  West Indian manatee (Trichechus manatus latirostris),
139
140	an additional penalty of $100 for each unit of marine life or
141	part thereof.
142	(f)  For a second or subsequent conviction within 24 months
143	for any violation of the same law or rule involving the taking
144	or harvesting of more than 100 pounds of any finfish, an
145	additional penalty of $5 for each pound of illegal finfish.
146	(g)  For any violation involving the taking, harvesting, or
147	possession of more than 1,000 pounds of any illegal finfish, an
148	additional penalty equivalent to the wholesale value of the
149	illegal finfish.
150	(h)  Permits issued to any person, firm, or corporation by
151	the commission to take or harvest saltwater products, or any
152	license issued pursuant to s. 370.06 or s. 370.07 may be
153	suspended or revoked by the commission, pursuant to the
154	provisions and procedures of s. 120.60, for any major violation
155	prescribed in this subsection:
156	1.  Upon a first conviction, for up to 30 calendar days.
157	2.  Upon a second conviction which occurs within 12 months
158	after a prior violation, for up to 90 calendar days.
159	3.  Upon a third conviction which occurs within 24 months
160	after a prior conviction, for up to 180 calendar days.
161	4.  Upon a fourth conviction which occurs within 36 months
162	after a prior conviction, for a period of 6 months to 3 years.
163	(i)  Upon the arrest and conviction for a major violation
164	involving stone crabs, the licenseholder must show just cause
165	why his or her license should not be suspended or revoked. For
166	the purposes of this paragraph, a "major violation" means a
167	major violation as prescribed for illegal stone crabs; any
168	single violation involving possession of more than 25 stone
169	crabs during the closed season or possession of 25 or more
170	whole-bodied or egg-bearing stone crabs; any violation for trap
171	molestation, trap robbing, or pulling traps at night; or any
172	combination of violations in any 3-consecutive-year period
173	wherein more than 75 illegal stone crabs in the aggregate are
174	involved.
175	(j)  Upon the arrest and conviction for a major violation
176	involving crawfish, the licenseholder must show just cause why
177	his or her license should not be suspended or revoked. For the
178	purposes of this paragraph, a "major violation" means a major
179	violation as prescribed for illegal crawfish; any single
180	violation involving possession of more than 25 crawfish during
181	the closed season or possession of more than 25 wrung crawfish
182	tails or more than 25 egg-bearing or stripped crawfish; any
183	violation for trap molestation, trap robbing, or pulling traps
184	at night; or any combination of violations in any 3-consecutive-
185	year period wherein more than 75 illegal crawfish in the
186	aggregate are involved.
187	(k)  Upon the arrest and conviction for a major violation
188	involving blue crabs, the licenseholder shall show just cause
189	why his or her saltwater products license should not be
190	suspended or revoked. This paragraph shall not apply to an
191	individual fishing with no more than five traps. For the
192	purposes of this paragraph, a "major violation" means a major
193	violation as prescribed for illegal blue crabs, any single
194	violation wherein 50 or more illegal blue crabs are involved;
195	any violation for trap molestation, trap robbing, or pulling
196	traps at night; or any combination of violations in any 3-
197	consecutive-year period wherein more than 100 illegal blue crabs
198	in the aggregate are involved.
199	(l)  Upon the conviction for a major violation involving
200	finfish, the licenseholder must show just cause why his or her
201	saltwater products license should not be suspended or revoked.
202	For the purposes of this paragraph, a major violation is
203	prescribed for the taking and harvesting of illegal finfish, any
204	single violation involving the possession of more than 100
205	pounds of illegal finfish, or any combination of violations in
206	any 3-consecutive-year period wherein more than 200 pounds of
207	illegal finfish in the aggregate are involved.
208	(m)  For a violation involving the taking or harvesting of
209	any marine life species, as those species are defined by rule of
210	the commission, the harvest of which is prohibited, or the
211	taking or harvesting of such a species out of season, or with an
212	illegal gear or chemical, or any violation involving the
213	possession of 25 or more individual specimens of marine life
214	species, or any combination of violations in any 3-year period
215	involving more than 70 such specimens in the aggregate, the
216	suspension or revocation of the licenseholder's marine life
217	endorsement as provided in paragraph (h).
218
219	Notwithstanding the provisions of s. 948.01, no court may
220	suspend, defer, or withhold adjudication of guilt or imposition
221	of sentence for any major violation prescribed in this
222	subsection. The proceeds from the penalties assessed pursuant to
223	this subsection shall be deposited into the Marine Resources
224	Conservation Trust Fund to be used for marine fisheries research
225	or into the commission's Federal Law Enforcement Trust Fund as
226	provided in s. 372.107, as applicable.
227	(4)(3)  PENALTIES FOR USE OF ILLEGAL NETS.--
228	(a)  It is a major violation pursuant to this section,
229	punishable as provided in paragraph (b) for any person, firm, or
230	corporation to be simultaneously in possession of any species of
231	mullet in excess of the recreational daily bag limit and any
232	gill or other entangling net as defined in s. 16(c), Art. X of
233	the State Constitution. Simultaneous possession under this
234	provision shall include possession of mullet and gill or other
235	entangling nets on separate vessels or vehicles where such
236	vessels or vehicles are operated in coordination with one
237	another including vessels towed behind a main vessel. This
238	subsection does not prohibit a resident of this state from
239	transporting on land, from Alabama to this state, a commercial
240	quantity of mullet together with a gill net if:
241	1.  The person possesses a valid commercial fishing license
242	that is issued by the State of Alabama and that allows the
243	person to use a gill net to legally harvest mullet in commercial
244	quantities from Alabama waters.
245	2.  The person possesses a trip ticket issued in Alabama
246	and filled out to match the quantity of mullet being
247	transported, and the person is able to present such trip ticket
248	immediately upon entering this state.
249	3.  The mullet are to be sold to a wholesale saltwater
250	products dealer located in Escambia County or Santa Rosa County,
251	which dealer also possesses a valid seafood dealer's license
252	issued by the State of Alabama. The dealer's name must be
253	clearly indicated on the trip ticket.
254	4.  The mullet being transported are totally removed from
255	any net also being transported.
256	(b)1.  A flagrant violation of any rule or statute which
257	implements s. 16(b), Art. X of the State Constitution shall be
258	considered a felony of the third degree, punishable as provided
259	in s. 775.082 or s. 775.083. For purposes of this paragraph, a
260	flagrant violation shall be the illegal possession or use of a
261	monofilament net or a net with a mesh area larger than 2,000
262	square feet. A violation means any judicial disposition other
263	than acquittal or dismissal.
264	2.  In addition to being subject to the other penalties
265	provided in this chapter, any violation of s. 16(b), Art. X of
266	the State Constitution, or any statute or rule of the commission
267	which implements the gear prohibitions and restrictions
268	specified therein shall be considered a major violation; and any
269	person, firm, or corporation receiving any judicial disposition
270	other than acquittal or dismissal of such violation shall be
271	subject to the following additional penalties:
272	a.  For a first major violation within a 7-year period, a
273	civil penalty of $2,500 and suspension of all saltwater products
274	license privileges for 90 calendar days following final
275	disposition shall be imposed.
276	b.  For a second major violation under this subparagraph
277	charged within 7 years of a previous judicial disposition, which
278	results in a second judicial disposition other than acquittal or
279	dismissal, a civil penalty of $5,000 and suspension of all
280	saltwater products license privileges for 12 months shall be
281	imposed.
282	c.  For a third or subsequent major violation under this
283	subparagraph, charged within a 7-year period, resulting in a
284	third or subsequent judicial disposition other than acquittal or
285	dismissal, a civil penalty of $5,000, lifetime revocation of the
286	saltwater products license, and forfeiture of all gear and
287	equipment used in the violation shall be imposed.
288	d.  For a first flagrant violation under this subparagraph,
289	a civil penalty of $5,000 and a suspension of all saltwater
290	license privileges for 12 months shall be imposed. For a second
291	or subsequent flagrant violation under this subparagraph, a
292	civil penalty of $5,000, a lifetime revocation of the saltwater
293	products license, and the forfeiture of all gear and equipment
294	used in the violation shall be imposed.
295
296	A court may suspend, defer, or withhold adjudication of guilt or
297	imposition of sentence only for any first violation of s. 16,
298	Art. X of the State Constitution, or any rule or statute
299	implementing its restrictions, determined by a court only after
300	consideration of competent evidence of mitigating circumstances
301	to be a nonflagrant or minor violation of those restrictions
302	upon the use of nets. Any violation of s. 16, Art. X of the
303	State Constitution, or any rule or statute implementing its
304	restrictions, occurring within a 7-year period commencing upon
305	the conclusion of any judicial proceeding resulting in any
306	outcome other than acquittal shall be punished as a second,
307	third, or subsequent violation accordingly.
308	(c)  During the period of suspension or revocation of
309	saltwater license privileges under this subsection, the licensee
310	shall not participate in the taking or harvesting, or attempt
311	the taking or harvesting, of saltwater products from any vessel
312	within the waters of the state; be aboard any vessel on which a
313	commercial quantity of saltwater products is possessed through
314	an activity requiring a license pursuant to this section; or
315	engage in any other activity requiring a license, permit, or
316	certificate issued pursuant to this chapter. Any person who is
317	convicted of violating this paragraph:
318	1.  Upon a first or second conviction, is guilty of a
319	misdemeanor of the first degree, punishable as provided in s.
320	775.082 or s. 775.083.
321	2.  Upon a third or subsequent conviction, is guilty of a
322	felony of the third degree, punishable as provided in s.
323	775.082, s. 775.083, or s. 775.084.
324	(d)  Upon reinstatement of saltwater license privileges
325	suspended pursuant to a violation of this subsection, a licensee
326	owning or operating a vessel containing or otherwise
327	transporting in or on Florida waters any gill net or other
328	entangling net, or containing or otherwise transporting in
329	nearshore and inshore Florida waters any net containing more
330	than 500 square feet of mesh area shall remain restricted for a
331	period of 12 months following reinstatement, to operating under
332	the following conditions:
333	1.  Vessels subject to this reinstatement period shall be
334	restricted to the corridors established by commission rule.
335	2.  A violation of the reinstatement period provisions
336	shall be punishable pursuant to paragraphs (2)(1)(a) and (b).
337	(5)(4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
338	CERTAIN FINFISH.--It is a major violation pursuant to this
339	section, punishable as provided in paragraph (4)(3)(b), for any
340	person to be in possession of any species of trout, snook, or
341	redfish which is three fish in excess of the recreational or
342	commercial daily bag limit.
343	Section 3.  Paragraph (d) of subsection (5) of section
344	370.061, Florida Statutes, is amended to read:
345	370.061  Confiscation, seizure, and forfeiture of property
346	and products.--
347	(5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
348	PRODUCTS; PROCEDURE.--
349	(d)  For purposes of confiscation under this subsection,
350	the term "saltwater products" has the meaning set out in s.
351	370.01(27)(26), except that the term does not include saltwater
352	products harvested under the authority of a recreational license
353	unless the amount of such harvested products exceeds three times
354	the applicable recreational bag limit for trout, snook, or
355	redfish.
356	Section 4.  Paragraphs (h), (i), and (j) of subsection (4),
357	paragraphs (e) through (i) of subsection (8), paragraph (b) of
358	subsection (11), and paragraph (b) of subsection (12) of section
359	372.57, Florida Statutes, are amended, and subsections (16) and
360	(17) are added to that section, to read:
361	372.57  Recreational licenses, permits, and authorization
362	numbers; fees established.--
363	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
364	and fees for residents participating in hunting and fishing
365	activities in this state are as follows:
366	(h)  Annual sportsman's license, $71 $66, except that an
367	annual sportsman's license for a resident 64 years of age or
368	older is $12. A sportsman's license authorizes the person to
369	whom it is issued to take game and freshwater fish, subject to
370	the state and federal laws, rules, and regulations, including
371	rules of the commission, in effect at the time of the taking.
372	Other authorized activities include activities authorized by a
373	management area permit, a muzzle-loading gun season permit, a
374	turkey permit, a Florida waterfowl permit, and an archery season
375	permit, and a crossbow season permit.
376	(i)  Annual gold sportsman's license, $87 $82. The gold
377	sportsman's license authorizes the person to whom it is issued
378	to take freshwater fish, saltwater fish, and game, subject to
379	the state and federal laws, rules, and regulations, including
380	rules of the commission, in effect at the time of taking. Other
381	authorized activities include activities authorized by a
382	management area permit, a muzzle-loading gun season permit, a
383	turkey permit, a Florida waterfowl permit, an archery season
384	permit, a crossbow season permit, a snook permit, and a crawfish
385	permit.
386	(j)  Annual military gold sportsman's license, $18.50. The
387	gold sportsman's license authorizes the person to whom it is
388	issued to take freshwater fish, saltwater fish, and game,
389	subject to the state and federal laws, rules, and regulations,
390	including rules of the commission, in effect at the time of
391	taking. Other authorized activities include activities
392	authorized by a management area permit, a muzzle-loading gun
393	season permit, a turkey permit, a Florida waterfowl permit, an
394	archery season permit, a crossbow season permit, a snook permit,
395	and a crawfish permit. Any resident who is an active or retired
396	member of the United States Armed Forces, the United States
397	Armed Forces Reserve, the National Guard, the United States
398	Coast Guard, or the United States Coast Guard Reserve is
399	eligible to purchase the military gold sportsman's license upon
400	submission of a current military identification card.
401	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
402	PERMITS.--In addition to any license required under this
403	chapter, the following permits and fees for specified hunting,
404	fishing, and recreational uses and activities are required:
405	(e)  A $5 fee is imposed for the following permits:
406	1.  An annual archery season permit for a resident or
407	nonresident to hunt within the state during any archery season
408	authorized by the commission.
409	2.  An annual crossbow season permit for a resident or
410	nonresident to hunt within the state during any crossbow season
411	authorized by the commission.
412	3.  An annual muzzle-loading gun season permit for a
413	resident or nonresident to hunt within the state during any with
414	a muzzle-loading gun season is $5. Hunting with a muzzle-loading
415	gun is limited to game seasons in which hunting with a modern
416	firearm is not authorized by the commission.
417	(f)  An annual archery permit for a resident or nonresident
418	to hunt within the state with a bow and arrow is $5. Hunting
419	with an archery permit is limited to those game seasons in which
420	hunting with a firearm is not authorized by the commission.
421	(f)(g)  A special use permit for a resident or nonresident
422	to participate in limited entry hunting or fishing activities as
423	authorized by commission rule shall not exceed $100 per day or
424	$250 per week. Notwithstanding any other provision of this
425	chapter, there are no exclusions, exceptions, or exemptions from
426	this permit fee. In addition to the permit fee, the commission
427	may charge each special use permit applicant a nonrefundable
428	application fee not to exceed $10.
429	(g)(h)1.  A management area permit for a resident or
430	nonresident to hunt on, fish on, or otherwise use for outdoor
431	recreational purposes land owned, leased, or managed by the
432	commission, or by the state for the use and benefit of the
433	commission, shall not exceed $25 per year.
434	2.  Permit fees for short-term use of land that is owned,
435	leased, or managed by the commission may be established by rule
436	of the commission for activities on such lands. Such permits may
437	be in lieu of, or in addition to, the annual management area
438	permit authorized in subparagraph 1.
439	3.  Other than for hunting or fishing, the provisions of
440	this paragraph shall not apply on any lands not owned by the
441	commission, unless the commission has obtained the written
442	consent of the owner or primary custodian of such lands.
443	(h)(i)1.  A recreational user permit is required to hunt
444	on, fish on, or otherwise use for outdoor recreational purposes
445	land leased by the commission from private nongovernmental
446	owners, except for those lands located directly north of the
447	Apalachicola National Forest, east of the Ochlocknee River until
448	the point the river meets the dam forming Lake Talquin, and
449	south of the closest federal highway. The fee for a recreational
450	user permit shall be based upon the economic compensation
451	desired by the landowner, game population levels, desired hunter
452	density, and administrative costs. The permit fee shall be set
453	by commission rule on a per-acre basis. The recreational user
454	permit fee, less administrative costs of up to $25 per permit,
455	shall be remitted to the landowner as provided in the lease
456	agreement for each area.
457	2.  One minor dependent, 16 years of age or younger, may
458	hunt under the supervision of the permittee and is exempt from
459	the recreational user permit requirements. The spouse and
460	dependent children of a permittee are exempt from the
461	recreational user permit requirements when engaged in outdoor
462	recreational activities other than hunting and when accompanied
463	by a permittee. Notwithstanding any other provision of this
464	chapter, no other exclusions, exceptions, or exemptions from the
465	recreational user permit fee are authorized.
466	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
467	(b)  The following activities are authorized by the
468	purchase of a lifetime hunting license:
469	1.  Taking, or attempting to take or possess, game
470	consistent with the state and federal laws and regulations and
471	rules of the commission in effect at the time of the taking.
472	2.  All activities authorized by a muzzle-loading gun
473	season permit, a turkey permit, an archery season permit, a
474	crossbow season permit, a Florida waterfowl permit, and a
475	management area permit, excluding fishing.
476	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
477	(b)  The following activities are authorized by the
478	purchase of a lifetime sportsman's license:
479	1.  Taking, or attempting to take or possess, freshwater
480	and saltwater fish, and game, consistent with the state and
481	federal laws and regulations and rules of the commission in
482	effect at the time of taking.
483	2.  All activities authorized by a management area permit,
484	a muzzle-loading gun season permit, a turkey permit, an archery
485	season permit, a crossbow season permit, a Florida waterfowl
486	permit, a snook permit, and a crawfish permit.
487	(16)  FORGING OF LICENSES.--It is unlawful for any person
488	to make, forge, or counterfeit a freshwater fishing, hunting, or
489	saltwater fishing license. Such a license may be reproduced only
490	as authorized by the commission. It is unlawful for any person
491	to knowingly have in his or her possession a forgery,
492	counterfeit, or imitation of such a license unless possession by
493	the person has been fully authorized by the commission. A person
494	who violates this subsection commits a level 4 violation as
495	classified and punishable under s. 372.83.
496	(17)  TAKING OF GAME AND FISH WHILE LICENSE SUSPENDED OR
497	REVOKED.--A person may not take game, freshwater game fish,
498	saltwater fish, or fur-bearing animals within this state while
499	the license required to do so is suspended or revoked. A person
500	who violates this subsection commits a level 3 violation as
501	classified and punishable under s. 372.83.
502	Section 5.  Section 372.571, Florida Statutes, is amended
503	to read:
504	372.571  Expiration of licenses and permits.--Each license
505	or permit issued under this chapter must be dated when issued.
506	Each license or permit issued under this chapter remains valid
507	for 12 months after the date of issuance, except for a lifetime
508	license issued pursuant to s. 372.57 which is valid from the
509	date of issuance until the death of the individual to whom the
510	license is issued unless otherwise revoked in accordance with s.
511	372.99, or a 5-year license issued pursuant to s. 372.57 which
512	is valid for 5 consecutive years from the date of purchase
513	unless otherwise revoked in accordance with s. 372.99, or a
514	license issued pursuant to s. 372.57(5)(a), (b), (c), or (f) or
515	(8)(f)(g) or (g)(h)2., which is valid for the period specified
516	on the license. A resident lifetime license or a resident 5-year
517	license that has been purchased by a resident of this state and
518	who subsequently resides in another state shall be honored for
519	activities authorized by that license.
520	Section 6.  Subsections (2), (3), (6), and (8) of section
521	372.5717, Florida Statutes, are amended to read:
522	372.5717  Hunter safety course; requirements; penalty.--
523	(2)(a)  A person born on or after June 1, 1975, may not be
524	issued a license to take wild animal life with the use of a
525	firearm, gun, bow, or crossbow in this state without having
526	first successfully completed a hunter safety course as provided
527	in this section, and without having in his or her personal
528	possession a hunter safety certification card, as provided in
529	this section.
530	(b)  The commission may defer the hunter safety course
531	requirement for 1 year and issue a restricted hunting license.
532	Individuals may receive only one deferment. Individuals issued a
533	restricted hunting license shall only be permitted to take wild
534	animal life with the use of a firearm, gun, bow, or crossbow
535	under the direct supervision and in the physical presence of an
536	adult who has successfully completed or is exempt from
537	completing the required hunter safety course as provided in this
538	section.
539	(3)  The commission Fish and Wildlife Conservation
540	Commission shall institute and coordinate a statewide hunter
541	safety course which must be offered in every county and consist
542	of not less than 12 hours nor more than 16 hours of instruction
543	including, but not limited to, instruction in the competent and
544	safe handling of firearms, conservation, and hunting ethics.
545	(6)  All persons subject to the requirements of subsection
546	(2) must have in their personal possession, proof of compliance
547	with this section, while taking or attempting to take wildlife
548	with the use of a firearm, gun, bow, or crossbow and must
549	display a valid hunter safety certification card, unless the
550	hunter safety course requirement is deferred pursuant to this
551	section, to county tax collectors or their subagents in order to
552	purchase a Florida hunting license. After the issuance of a
553	license, the license itself shall serve as proof of compliance
554	with this section. A holder of a lifetime license whose license
555	does not indicate on the face of the license that a hunter
556	safety course has been completed must have in his or her
557	personal possession a hunter safety certification card, as
558	provided by this section, while attempting to take wild animal
559	life with the use of a firearm, gun, bow, or crossbow.
560	(8)  A person who violates this section shall be cited for
561	a level 1 violation as classified and punishable under s. 372.83
562	noncriminal infraction, punishable as provided in s. 372.711.
563	Section 7.  Section 372.825, Florida Statutes, is created
564	to read:
565	372.825  Captive wildlife penalties.--
566	(1)  A person who violates any commission rules or orders
567	for the non-fee permit for the possession of captive wildlife
568	for personal use and related reporting requirements commits a
569	noncriminal infraction.
570	(2)  Any person cited for committing a violation of this
571	section shall be cited to appear before the county court. The
572	civil penalty is $50.
573	(3)  A person commits a misdemeanor of the second degree,
574	punishable as provided in s. 775.082 or s. 775.083, for any
575	violation of the following:
576	(a)  Commission rules or orders that require a person to
577	pay a fee to obtain a permit to possess captive wildlife or that
578	require the maintenance of records relating to captive wildlife.
579	(b)  Commission rules or orders relating to captive
580	wildlife not specified in paragraph (a).
581	(c)  Section 372.86, relating to possessing or exhibiting
582	certain reptiles.
583	(d)  Section 372.87, relating to licensing of certain
584	reptiles.
585	(e)  Section 372.88, relating to bonding requirements.
586	(f)  Section 372.89, relating to safe housing requirements.
587	(g)  Section 372.90, relating to transportation.
588	(h)  Section 372.901, relating to inspection.
589	(i)  Section 372.91, relating to limitation of access to
590	certain reptiles.
591	(j)  Section 372.912, relating to certain reptile hunts.
592	(k)  Section 372.921, relating to exhibition or sale of
593	wildlife.
594	(l)  Section 372.922, relating to personal possession of
595	wildlife.
596	Section 8.  Section 372.83, Florida Statutes, is amended to
597	read:
598	372.83  Recreational Noncriminal infractions; criminal
599	penalties; suspension and revocation of licenses and permits.--
600	(1)  LEVEL 1 VIOLATIONS.--
601	(a)  Unless otherwise provided by law, a person convicted
602	of an offense classified as a level 1 violation is guilty of a
603	noncriminal infraction, which is punishable as provided in this
604	subsection and includes violation of the following:
605	1.  Commission rules or orders relating to the filing of
606	required reports or other documents for licensees or
607	permitholders, excluding those related to commercial harvest of
608	saltwater fish or possession of captive wildlife.
609	2.  Commission rules or orders relating to quota hunting
610	permits, daily use permits, hunting zone assignments, check
611	stations, possession of alcoholic beverages, campsite use, and
612	the operation of vehicles within wildlife management areas or
613	other areas managed by the commission.
614	3.  Commission rules or orders relating to daily permits,
615	possession of alcoholic beverages, possession of firearms,
616	swimming activities, the operation of watercraft, and the
617	operation of vehicles within fish management areas or other
618	areas managed by the commission.
619	4.  Commission rules or orders regulating vessel size or
620	specifying motor restrictions on specified water bodies.
621	5.  Section 370.063, relating to special recreational
622	crawfish licenses.
623	6.  Section 372.57, relating to hunting, fishing, and
624	trapping licenses.
625	7.  Section 372.5717, relating to hunter safety
626	certification.
627	8.  Section 372.988, relating to required clothing for
628	persons hunting deer.
629	(b)  Citations issued for any violation specified in
630	paragraph (a) shall include a requirement for appearance before
631	the county court.
632	(c)1.  The civil penalty for any noncriminal level 1
633	violation of the license and permit requirements of s. 372.57 is
634	$50 for the first conviction and $250 for each subsequent
635	conviction in addition to the cost of the required license and
636	permit.
637	2.  The civil penalty for any other noncriminal level 1
638	violation is $50 for the first conviction and $250 for each
639	subsequent conviction, except as otherwise provided in this
640	subsection.
641	(d)  Any person issued a citation for a violation specified
642	in this subsection may:
643	1.  Post a bond equal to the amount of the civil penalty
644	and appear before the court; or
645	2.  Pay the civil penalty by mail or in person within 30
646	days after the date of receiving the citation, or if a bond has
647	been posted, forfeit the bond for payment by failure to appear
648	before the court.
649
650	Payment of the civil penalty without appearing before the court
651	is considered an admission of guilt and waives any further right
652	to a hearing on the violation for which the citation was issued.
653	Such admission shall not be used as evidence in any other
654	proceedings except to determine the appropriate fine for any
655	subsequent violations.
656	(e)1.  Any person who willfully refuses the issuance of a
657	citation for a violation specified in this subsection commits a
658	misdemeanor of the second degree, punishable as provided in s.
659	775.082 or s. 775.083.
660	2.  Any person who willfully fails to pay the civil penalty
661	within 30 days after the issuance of a citation for a violation
662	specified in this subsection commits a misdemeanor of the second
663	degree, punishable as provided in s. 775.082 or s. 775.083.
664	(f)1.  Electing or being required to appear before the
665	court shall waive the limitations on the civil penalty specified
666	in this subsection. The court shall determine whether a
667	violation has occurred and may impose a civil penalty not less
668	than those specified in this subsection and not more than $500.
669	2.  Violations must be proved beyond a reasonable doubt
670	before the court.
671	3.  A person found guilty of a violation may file an appeal
672	with the circuit court.
673	(g)  A person charged with violating the requirement for
674	personal possession of a license or permit under s. 372.57 may
675	not be convicted if the person presents the required license or
676	permit for verification by the hearing officer or clerk of the
677	court prior to the scheduled court proceeding. The license or
678	permit must have been issued to the person charged with
679	committing the violation and valid at the time the violation
680	occurred. The clerk of the court may assess a fee of $5 to cover
681	related court costs under this paragraph.
682	(2)  LEVEL 2 VIOLATIONS.--
683	(a)  Unless otherwise provided by law, a person convicted
684	of an offense classified as a level 2 violation is guilty of a
685	misdemeanor, which is punishable as provided in this subsection
686	and includes violation of the following:
687	1.  Commission rules or orders that specify season or time
688	periods for the taking of saltwater fish, freshwater game fish,
689	or wildlife.
690	2.  Commission rules or orders that establish bag,
691	possession, or size limits for, or restrict methods of the
692	taking of, saltwater fish, freshwater game fish, or wildlife.
693	3.  Commission rules or orders that prohibit public access
694	for specified periods to wildlife management areas or other
695	areas managed by the commission.
696	4.  Commission rules or orders that relate to the access to
697	wildlife management areas or other areas managed by the
698	commission.
699	5.  Commission rules or orders relating to the feeding of
700	saltwater fish, freshwater game fish, or wildlife.
701	6.  Commission rules or orders relating to restricted
702	hunting areas, bird sanctuaries, or critical wildlife areas.
703	7.  Commission rules or orders relating to landing
704	requirements for saltwater fish or freshwater game fish.
705	8.  Commission rules or orders relating to tagging
706	requirements for game and fur-bearing animals.
707	9.  Commission rules or orders relating to the use of dogs
708	for the taking of game.
709	10.  Any commission rules or orders not otherwise
710	classified.
711	11.  Any prohibitions in chapter 370 not otherwise
712	classified in this section.
713	12.  Section 370.08, relating to obstructing waterways with
714	net gear.
715	13.  Section 370.1105, relating to finfish traps.
716	14.  Section 370.1121, relating to bonefish.
717	15.  Section 370.14, relating to crawfish.
718	16.  Section 370.25, relating to placement of artificial
719	reefs.
720	17.  Section 372.667, relating to feeding or enticement of
721	alligators or crocodiles.
722	18.  Section 372.705, relating to harassment of hunters,
723	fishers, or trappers.
724	(b)1.  A person convicted of any level 2 violation without
725	any previous conviction for a level 2 violation is guilty of a
726	misdemeanor of the first degree, punishable as provided in s.
727	775.082 or s. 775.083.
728	2.  A person convicted of any level 2 violation within 3
729	years after any previous conviction for a level 2 violation is
730	guilty of a misdemeanor of the first degree, punishable as
731	provided in s. 775.082 or s. 775.083 and by a minimum mandatory
732	fine of $250 and suspension of all recreational licenses issued
733	pursuant to this chapter for not less than 1 year.
734	3.  A person convicted of any level 2 violation within 5
735	years after any three previous convictions for level 2
736	violations is guilty of a misdemeanor of the first degree,
737	punishable as provided in s. 775.082 or s. 775.083 and by a
738	minimum mandatory fine of $500 and suspension of all
739	recreational licenses issued pursuant to this chapter for not
740	less than 3 years.
741	4.  A person convicted of any level 2 violation within 10
742	years after any three previous convictions for level 2
743	violations is guilty of a misdemeanor of the first degree,
744	punishable as provided in s. 775.082 or s. 775.083 and by a
745	minimum mandatory fine of $750 and suspension of all
746	recreational licenses issued pursuant to this chapter for not
747	less than 3 years.
748	(3)  LEVEL 3 VIOLATIONS.--
749	(a)  Unless otherwise provided by law, a person convicted
750	of an offense classified as a level 3 violation is guilty of a
751	misdemeanor, which is punishable as provided in this subsection
752	and includes violation of the following:
753	1.  Commission rules or orders related to the prohibited
754	sale of saltwater fish.
755	2.  Section 370.021(3), relating to major violations.
756	3.  Section 370.021(5), relating to possession in excess of
757	certain bag limits.
758	4.  Section 370.081, relating to illegal importation or
759	possession of exotic marine plants and animals.
760	5.  Section 370.093, relating to the taking of saltwater
761	fish with nets.
762	6.  Section 372.26, relating to imported fish.
763	7.  Section 372.57(17), relating to taking while license is
764	suspended or revoked.
765	8.  Section 372.662, relating to the illegal sale or
766	possession of alligators.
767	9.  Section 372.99, relating to the illegal taking and
768	possession of deer and wild turkey.
769	10.  Section 372.9903, relating to the illegal possession
770	and transportation of commercial quantities of freshwater game
771	fish.
772	(b)1.  A person convicted of a level 3 violation without
773	any previous conviction for a level 3 violation in the past 10
774	years is guilty of a misdemeanor of the first degree, punishable
775	as provided in s. 775.082 or s. 775.083.
776	2.  A person convicted of a level 3 violation within 10
777	years after any previous conviction of a level 3 violation is
778	guilty of a misdemeanor of the first degree, punishable as
779	provided in s. 775.082 or s. 775.083 and by a minimum mandatory
780	fine of $750 and the suspension of all recreational licenses
781	issued pursuant to this chapter for not less than 3 years.
782	3.  The penalty for a violation of s. 372.57(17) shall
783	include a mandatory fine of $1,000 and a suspension of all
784	recreational licenses issued pursuant to this chapter for 5
785	years.
786	(4)  LEVEL 4 VIOLATIONS.--Unless otherwise provided by law,
787	a person convicted of an offense classified as a level 4
788	violation is guilty of a felony of the third degree, which is
789	punishable as provided in s. 775.082 or s. 775.083 and includes
790	violation of the following:
791	(a)  Section 370.13, relating to the molestation of stone
792	crab gear.
793	(b)  Section 370.135, relating to the molestation of blue
794	crab gear.
795	(c)  Section 370.14, relating to the molestation of
796	crawfish gear.
797	(d)  Section 372.57(16), relating to forgery of a license
798	or possession of a forged license.
799	(e)  Section 372.99(5), relating to the sale of deer or
800	turkey that is taken illegally.
801	(f)  Section 372.99022, relating to molestation or theft of
802	freshwater gear.
803	(1)  A person is guilty of a noncriminal infraction,
804	punishable as provided in s. 372.711, if she or he violates any
805	of the following provisions:
806	(a)  Rules, regulations, or orders relating to the filing
807	of reports or other documents required of persons who are
808	licensed or who hold permits issued by the commission.
809	(b)  Rules, regulations, or orders relating to fish
810	management areas.
811	(c)  Rules, regulations, or orders relating to quota hunt
812	permits, daily use permits, hunting zone assignments, camping
813	restrictions, the use of alcoholic beverages, vehicle use, and
814	check station requirements within wildlife management areas or
815	other areas managed by the commission.
816	(d)  Rules, regulations, or orders requiring permits free
817	of charge to possess captive wildlife for personal use.
818	(e)  Rules, regulations, or orders establishing size or
819	slot limits for freshwater game fish.
820	(f)  Rules, regulations, or orders regulating vessel size
821	or specifying motor restrictions on specified water bodies.
822	(g)  Rules, regulations, or orders relating to the
823	registration of off-road vehicles and airboats operated on state
824	lands.
825	(h)  Section 372.57, relating to hunting, fishing, and
826	trapping licenses.
827	(i)  Section 372.988, relating to required clothing for
828	persons hunting deer.
829
830	A person who fails to pay the civil penalty specified in s.
831	372.711 within 30 days after being cited for a noncriminal
832	infraction or to appear before the court pursuant to that
833	section is guilty of a misdemeanor of the second degree,
834	punishable as provided in s. 775.082 or s. 775.083.
835	(2)  A person is guilty of a misdemeanor of the second
836	degree, punishable as provided in s. 775.082 or s. 775.083, if
837	she or he violates any of the following rules, regulations, or
838	orders of the commission:
839	(a)  Rules, regulations, or orders that specify season or
840	time periods for the taking of freshwater fish or wildlife.
841	(b)  Rules, regulations, or orders that specify bag limits
842	or restrict methods of taking freshwater fish or wildlife.
843	(c)  Rules, regulations, or orders that relate to the sale,
844	possession for sale, purchase, transfer, transportation, or
845	importation of freshwater fish or wildlife.
846	(d)  Rules, regulations, or orders that prohibit public
847	access for specified periods to wildlife management areas or
848	other areas managed by the commission.
849	(e)  Rules, regulations, or orders that require a person to
850	pay a fee to obtain a permit to possess captive wildlife or that
851	require the maintenance of records relating to captive wildlife.
852	(f)  All other rules, regulations, and orders of the
853	commission, except those specified in subsection (1).
854	(3)  It is unlawful for any person to make, forge,
855	counterfeit, or reproduce a freshwater fishing, hunting, or
856	saltwater fishing license unless authorized by the commission.
857	It is unlawful for any person to knowingly have in his or her
858	possession a forgery, counterfeit, or imitation of such a
859	license unless possession by the person has been fully
860	authorized by the commission. A person who violates this
861	subsection commits a felony of the third degree, punishable as
862	provided in s. 775.082, s. 775.083, or s. 775.084.
863	(5)(4)  Unless otherwise provided in this chapter, a person
864	who violates any provision of this chapter commits is guilty,
865	for the first offense, of a misdemeanor of the second degree,
866	punishable as provided in s. 775.082 or s. 775.083, and is
867	guilty, for the second offense or any subsequent offense, of a
868	misdemeanor of the first degree, punishable as provided in s.
869	775.082 or s. 775.083.
870	(6)(5)  The court may order the suspension or revocation of
871	any license or permit issued to a person pursuant to this
872	chapter, if that person commits a criminal offense specified in
873	this chapter or a noncriminal infraction specified in this
874	section.
875	(7)  For purposes of this section, "conviction" means any
876	judicial disposition other than acquittal or dismissal.
877	Section 9.  Section 372.573, Florida Statutes, is amended
878	to read:
879	372.573  Management area permit revenues.--The commission
880	shall expend the revenue generated from the sale of the
881	management area permit as provided for in s. 372.57(8)(g)(h) or
882	that pro rata portion of any license that includes management
883	area privileges as provided for in s. 372.57(4)(h), (i), and (j)
884	for the lease, management, and protection of lands for public
885	hunting, fishing, and other outdoor recreation.
886	Section 10.  Subsection (2) of section 372.661, Florida
887	Statutes, is amended to read:
888	372.661  Private hunting preserve license fees;
889	exception.--
890	(2)  A commercial hunting preserve license, which shall
891	exempt patrons of licensed preserves from the license and permit
892	requirements of s. 372.57(4)(c), (d), (f), (h), (i), and (j);
893	(5)(f) and (g); (8)(a), (b), and (e), and (f); (9)(a)2.; (11);
894	and (12) while hunting on the licensed preserve property, shall
895	be $500. Such commercial hunting preserve license shall be
896	available only to those private hunting preserves licensed
897	pursuant to this section which are operated exclusively for
898	commercial purposes, which are open to the public, and for which
899	a uniform fee is charged to patrons for hunting privileges.
900	Section 11.  Section 372.831, Florida Statutes, is created
901	to read:
902	372.831  Wildlife Violators Compact.--The Wildlife
903	Violators Compact is created and entered into with all other
904	jurisdictions legally joining therein in the form substantially
905	as follows:
906
907	ARTICLE I
908	Findings
909
910	(1)  The participating states find that:
911	(a)  Wildlife resources are managed in trust by the
912	respective states for the benefit of all residents and visitors.
913	(b)  The protection of the wildlife resources of a state is
914	materially affected by the degree of compliance with state
915	statutes, laws, regulations, ordinances, and administrative
916	rules relating to the management of such resources.
917	(c)  The preservation, protection, management, and
918	restoration of wildlife contributes immeasurably to the
919	aesthetic, recreational, and economic aspects of such natural
920	resources.
921	(d)  Wildlife resources are valuable without regard to
922	political boundaries; therefore, every person should be required
923	to comply with wildlife preservation, protection, management,
924	and restoration laws, ordinances, and administrative rules and
925	regulations of the participating states as a condition precedent
926	to the continuance or issuance of any license to hunt, fish,
927	trap, or possess wildlife.
928	(e)  Violation of wildlife laws interferes with the
929	management of wildlife resources and may endanger the safety of
930	persons and property.
931	(f)  The mobility of many wildlife law violators
932	necessitates the maintenance of channels of communication among
933	the various states.
934	(g)  In most instances, a person who is cited for a
935	wildlife violation in a state other than his or her home state:
936	1.  Is required to post collateral or a bond to secure
937	appearance for a trial at a later date;
938	2.  Is taken into custody until the collateral or bond is
939	posted; or
940	3.  Is taken directly to court for an immediate appearance.
941	(h)  The purpose of the enforcement practices set forth in
942	paragraph (g) is to ensure compliance with the terms of a
943	wildlife citation by the cited person who, if permitted to
944	continue on his or her way after receiving the citation, could
945	return to his or her home state and disregard his or her duty
946	under the terms of the citation.
947	(i)  In most instances, a person receiving a wildlife
948	citation in his or her home state is permitted to accept the
949	citation from the officer at the scene of the violation and
950	immediately continue on his or her way after agreeing or being
951	instructed to comply with the terms of the citation.
952	(j)  The practices described in paragraph (g) cause
953	unnecessary inconvenience and, at times, a hardship for the
954	person who is unable at the time to post collateral, furnish a
955	bond, stand trial, or pay a fine and thus is compelled to remain
956	in custody until some alternative arrangement is made.
957	(k)  The enforcement practices described in paragraph (g)
958	consume an undue amount of law enforcement time.
959	(2)  It is the policy of the participating states to:
960	(a)  Promote compliance with the statutes, laws,
961	ordinances, regulations, and administrative rules relating to
962	management of wildlife resources in their respective states.
963	(b)  Recognize the suspension of wildlife license
964	privileges of any person whose license privileges have been
965	suspended by a participating state and treat such suspension as
966	if it had occurred in that person's home state.
967	(c)  Allow a violator, except as provided in subsection (2)
968	of Article III, to accept a wildlife citation and, without
969	delay, proceed on his or her way, regardless of whether he or
970	she is a resident of the state in which the citation was issued,
971	provided that the violator's home state is party to this
972	compact.
973	(d)  Report to the appropriate participating state, as
974	provided in the compact manual, any conviction recorded against
975	any person whose home state was not the issuing state.
976	(e)  Allow the home state to recognize and treat
977	convictions recorded against its residents, which convictions
978	occurred in a participating state, as though they had occurred
979	in the home state.
980	(f)  Extend cooperation to its fullest extent among the
981	participating states for enforcing compliance with the terms of
982	a wildlife citation issued in one participating state to a
983	resident of another participating state.
984	(g)  Maximize effective use of law enforcement personnel
985	and information.
986	(h)  Assist court systems in the efficient disposition of
987	wildlife violations.
988	(3)  The purpose of this compact is to:
989	(a)  Provide a means through which participating states may
990	join in a reciprocal program to effectuate the policies
991	enumerated in subsection (2) in a uniform and orderly manner.
992	(b)  Provide for the fair and impartial treatment of
993	wildlife violators operating within participating states in
994	recognition of the violator's right to due process and the
995	sovereign status of a participating state.
996
997	ARTICLE II
998	Definitions
999
1000	As used in this compact, unless the context requires otherwise:
1001	(1)  "Citation" means any summons, complaint, summons and
1002	complaint, ticket, penalty assessment, or other official
1003	document issued to a person by a wildlife officer or other peace
1004	officer for a wildlife violation which contains an order
1005	requiring the person to respond.
1006	(2)  "Collateral" means any cash or other security
1007	deposited to secure an appearance for trial in connection with
1008	the issuance by a wildlife officer or other peace officer of a
1009	citation for a wildlife violation.
1010	(3)  "Compliance," with respect to a citation, means the
1011	act of answering a citation through an appearance in a court or
1012	tribunal or through the payment of fines, costs, and surcharges,
1013	if any.
1014	(4)  "Conviction" means a conviction, including any court
1015	conviction, for any offense related to the preservation,
1016	protection, management, or restoration of wildlife which is
1017	prohibited by state statute, law, regulation, ordinance, or
1018	administrative rule, and such conviction shall also include the
1019	forfeiture of any bail, bond, or other security deposited to
1020	secure appearance by a person charged with having committed any
1021	such offense, the payment of a penalty assessment, a plea of
1022	nolo contendere, and the imposition of a deferred or suspended
1023	sentence by the court.
1024	(5)  "Court" means a court of law, including magistrate's
1025	court and the justice of the peace court.
1026	(6)  "Home state" means the state of primary residence of a
1027	person.
1028	(7)  "Issuing state" means the participating state that
1029	issues a wildlife citation to the violator.
1030	(8)  "License" means any license, permit, or other public
1031	document that conveys to the person to whom it was issued the
1032	privilege of pursuing, possessing, or taking any wildlife
1033	regulated by statute, law, regulation, ordinance, or
1034	administrative rule of a participating state; however, when
1035	applied to licenses issued by the State of Florida, only those
1036	licenses issued pursuant to ss. 372.561, 372.562, and 372.57,
1037	Florida Statutes, shall be considered licenses.
1038	(9)  "Licensing authority" means the department or division
1039	within each participating state that is authorized by law to
1040	issue or approve licenses or permits to hunt, fish, trap, or
1041	possess wildlife.
1042	(10)  "Participating state" means any state that enacts
1043	legislation to become a member of this wildlife compact.
1044	(11)  "Personal recognizance" means an agreement by a
1045	person made at the time of issuance of the wildlife citation
1046	that such person will comply with the terms of the citation.
1047	(12)  "State" means any state, territory, or possession of
1048	the United States, the District of Columbia, the Commonwealth of
1049	Puerto Rico, the Provinces of Canada, and other countries.
1050	(13)  "Suspension" means any revocation, denial, or
1051	withdrawal of any or all license privileges, including the
1052	privilege to apply for, purchase, or exercise the benefits
1053	conferred by any license.
1054	(14)  "Terms of the citation" means those conditions and
1055	options expressly stated upon the citation.
1056	(15)  "Wildlife" means all species of animals, including,
1057	but not limited to, mammals, birds, fish, reptiles, amphibians,
1058	mollusks, and crustaceans, that are defined as "wildlife" and
1059	are protected or otherwise regulated by statute, law,
1060	regulation, ordinance, or administrative rule in a participating
1061	state. Species included in the definition of "wildlife" vary
1062	from state to state, and determination of whether a species is
1063	"wildlife" for the purposes of this compact shall be based on
1064	local law.
1065	(16)  "Wildlife law" means any statute, law, regulation,
1066	ordinance, or administrative rule developed and enacted for the
1067	management of wildlife resources and the uses thereof.
1068	(17)  "Wildlife officer" means any individual authorized by
1069	a participating state to issue a citation for a wildlife
1070	violation.
1071	(18)  "Wildlife violation" means any cited violation of a
1072	statute, law, regulation, ordinance, or administrative rule
1073	developed and enacted for the management of wildlife resources
1074	and the uses thereof.
1075
1076	ARTICLE III
1077	Procedures for Issuing State
1078
1079	(1)  When issuing a citation for a wildlife violation, a
1080	wildlife officer shall issue a citation to any person whose
1081	primary residence is in a participating state in the same manner
1082	as though the person were a resident of the issuing state and
1083	shall not require such person to post collateral to secure
1084	appearance, subject to the exceptions noted in subsection (2),
1085	if the officer receives the recognizance of such person that he
1086	or she will comply with the terms of the citation.
1087	(2)  Personal recognizance is acceptable if not prohibited
1088	by local law, by any issuing agency policy, procedure, or
1089	regulation, or by the compact manual and if the violator
1090	provides adequate proof of identification to the wildlife
1091	officer.
1092	(3)  Upon conviction or failure of a person to comply with
1093	the terms of a wildlife citation, the appropriate official shall
1094	report the conviction or failure to comply to the licensing
1095	authority of the participating state in which the wildlife
1096	citation was issued. The report shall be made in accordance with
1097	procedures specified by the issuing state and shall contain
1098	information as specified in the compact manual as minimum
1099	requirements for effective processing by the home state.
1100	(4)  Upon receipt of the report of conviction or
1101	noncompliance pursuant to subsection (3), the licensing
1102	authority of the issuing state shall transmit to the licensing
1103	authority of the home state of the violator the information in
1104	form and content as prescribed in the compact manual.
1105
1106	ARTICLE IV
1107	Procedure for Home State
1108
1109	(1)  Upon receipt of a report from the licensing authority
1110	of the issuing state reporting the failure of a violator to
1111	comply with the terms of a citation, the licensing authority of
1112	the home state shall notify the violator and shall initiate a
1113	suspension action in accordance with the home state's suspension
1114	procedures and shall suspend the violator's license privileges
1115	until satisfactory evidence of compliance with the terms of the
1116	wildlife citation has been furnished by the issuing state to the
1117	home state licensing authority. Due process safeguards will be
1118	accorded.
1119	(2)  Upon receipt of a report of conviction from the
1120	licensing authority of the issuing state, the licensing
1121	authority of the home state shall enter such conviction in its
1122	records and shall treat such conviction as though it occurred in
1123	the home state for the purposes of the suspension of license
1124	privileges.
1125	(3)  The licensing authority of the home state shall
1126	maintain a record of actions taken and shall make reports to
1127	issuing states as provided in the compact manual.
1128
1129	ARTICLE V
1130	Reciprocal Recognition of Suspension
1131
1132	(1)  All participating states shall recognize the
1133	suspension of license privileges of any person by any
1134	participating state as though the violation resulting in the
1135	suspension had occurred in their state and could have been the
1136	basis for suspension of license privileges in their state.
1137	(2)  Each participating state shall communicate suspension
1138	information to other participating states in form and content as
1139	contained in the compact manual.
1140
1141	ARTICLE VI
1142	Applicability of Other Laws
1143
1144	Except as expressly required by provisions of this compact,
1145	nothing herein shall be construed to affect the right of any
1146	participating state to apply any of its laws relating to license
1147	privileges to any person or circumstance or to invalidate or
1148	prevent any agreement or other cooperative arrangement between a
1149	participating state and a nonparticipating state concerning
1150	wildlife law enforcement.
1151
1152	ARTICLE VII
1153	Compact Administrator Procedures
1154
1155	(1)  For the purpose of administering the provisions of
1156	this compact and to serve as a governing body for the resolution
1157	of all matters relating to the operation of this compact, a
1158	board of compact administrators is established. The board shall
1159	be composed of one representative from each of the participating
1160	states to be known as the compact administrator. The compact
1161	administrator shall be appointed by the head of the licensing
1162	authority of each participating state and shall serve and be
1163	subject to removal in accordance with the laws of the state he
1164	or she represents. A compact administrator may provide for the
1165	discharge of his or her duties and the performance of his or her
1166	functions as a board member by an alternate. An alternate shall
1167	not be entitled to serve unless written notification of his or
1168	her identity has been given to the board.
1169	(2)  Each member of the board of compact administrators
1170	shall be entitled to one vote. No action of the board shall be
1171	binding unless taken at a meeting at which a majority of the
1172	total number of the board's votes is cast in favor thereof.
1173	Action by the board shall be only at a meeting at which a
1174	majority of the participating states is represented.
1175	(3)  The board shall elect annually from its membership a
1176	chair and vice chair.
1177	(4)  The board shall adopt bylaws not inconsistent with the
1178	provisions of this compact or the laws of a participating state
1179	for the conduct of its business and shall have the power to
1180	amend and rescind its bylaws.
1181	(5)  The board may accept for any of its purposes and
1182	functions under this compact any and all donations and grants of
1183	moneys, equipment, supplies, materials, and services,
1184	conditional or otherwise, from any state, the United States, or
1185	any governmental agency and may receive, utilize, and dispose of
1186	same.
1187	(6)  The board may contract with, or accept services or
1188	personnel from, any governmental or intergovernmental agency,
1189	individual, firm, or corporation or any private nonprofit
1190	organization or institution.
1191	(7)  The board shall formulate all necessary procedures and
1192	develop uniform forms and documents for administering the
1193	provisions of this compact. All procedures and forms adopted
1194	pursuant to board action shall be contained in a compact manual.
1195
1196	ARTICLE VIII
1197	Entry into and Withdrawal from Compact
1198
1199	(1)  This compact shall become effective at such time as it
1200	is adopted in substantially similar form by two or more states.
1201	(2)(a)  Entry into the compact shall be made by resolution
1202	of ratification executed by the authorized officials of the
1203	applying state and submitted to the chair of the board.
1204	(b)  The resolution shall substantially be in the form and
1205	content as provided in the compact manual and shall include the
1206	following:
1207	1.  A citation of the authority from which the state is
1208	empowered to become a party to this compact.
1209	2.  An agreement of compliance with the terms and
1210	provisions of this compact.
1211	3.  An agreement that compact entry is with all states
1212	participating in the compact and with all additional states
1213	legally becoming a party to the compact.
1214	(c)  The effective date of entry shall be specified by the
1215	applying state but shall not be less than 60 days after notice
1216	has been given by the chair of the board of the compact
1217	administrators or by the secretary of the board to each
1218	participating state that the resolution from the applying state
1219	has been received.
1220	(3)  A participating state may withdraw from participation
1221	in this compact by official written notice to each participating
1222	state, but withdrawal shall not become effective until 90 days
1223	after the notice of withdrawal is given. The notice shall be
1224	directed to the compact administrator of each member state. No
1225	withdrawal of any state shall affect the validity of this
1226	compact as to the remaining participating states.
1227
1228	ARTICLE IX
1229	Amendments to the Compact
1230
1231	(1)  This compact may be amended. Amendments shall be
1232	presented in resolution form to the chair of the board of
1233	compact administrators and shall be initiated by one or more
1234	participating states.
1235	(2)  Adoption of an amendment shall require endorsement by
1236	all participating states and shall become effective 30 days
1237	after the date of the last endorsement.
1238	(3)  Failure of a participating state to respond to the
1239	chair of the board within 60 days after receipt of a proposed
1240	amendment shall constitute endorsement thereof.
1241
1242	ARTICLE X
1243	Construction and Severability
1244
1245	This compact shall be liberally construed so as to effectuate
1246	the purposes stated herein. The provisions of this compact shall
1247	be severable, and if any phrase, clause, sentence, or provision
1248	of this compact is declared to be contrary to the constitution
1249	of any participating state or of the United States, or if the
1250	applicability thereof to any government, agency, individual, or
1251	circumstance is held invalid, the validity of the remainder of
1252	this compact shall not be affected thereby. If this compact is
1253	declared to be contrary to the constitution of any participating
1254	state, the compact shall remain in full force and effect as to
1255	the remaining states and in full force and effect as to the
1256	participating state affected as to all severable matters.
1257
1258	ARTICLE XI
1259	Title
1260
1261	This compact shall be known as the "Wildlife Violator Compact."
1262	Section 12.  Section 372.832, Florida Statutes, is created
1263	to read:
1264	372.832  Compact licensing authority; ratification.--For
1265	purposes of this chapter and the interstate Wildlife Violator
1266	Compact, the Fish and Wildlife Conservation Commission is the
1267	licensing authority for the State of Florida and shall enforce
1268	the interstate Wildlife Violator Compact and do all things
1269	within its jurisdiction that are necessary to effectuate the
1270	purposes and the intent of the compact. The commission is
1271	authorized to execute a resolution of ratification to formalize
1272	the state's entry into the compact.
1273	Section 13.  Section 372.833, Florida Statutes, is created
1274	to read:
1275	372.833  Compact enforcement; violation review.--Any act
1276	done or omitted pursuant to, or in enforcing, the provisions of
1277	the interstate Wildlife Violator Compact shall be subject to
1278	review by the commission in accordance with chapter 120, but any
1279	review of a suspension for the failure of a violator to comply
1280	with the terms of a citation or a conviction pursuant to the
1281	compact shall be limited to establishing the identity of the
1282	person so convicted or failing to comply with a citation.
1283	Section 14.  Section 370.028, Florida Statutes, is amended
1284	to read:
1285	370.028  Enforcement of commission rules; penalties for
1286	violation of rule.--Rules of the Fish and Wildlife Conservation
1287	Commission shall be enforced by any law enforcement officer
1288	certified pursuant to s. 943.13. Any person who violates or
1289	otherwise fails to comply with any rule adopted by the
1290	commission shall be punished pursuant to s. 370.021(2)(1).
1291	Section 15.  Subsections (3) and (4) of section 370.092,
1292	Florida Statutes, are amended to read:
1293	370.092  Carriage of proscribed nets across Florida
1294	waters.--
1295	(3)  Notwithstanding subsections (1) and (2), unless
1296	authorized by rule of the Fish and Wildlife Conservation
1297	Commission, it is a major violation under this section,
1298	punishable as provided in s. 370.021(4)(3), for any person,
1299	firm, or corporation to possess any gill or entangling net, or
1300	any seine net larger than 500 square feet in mesh area, on any
1301	airboat or on any other vessel less than 22 feet in length and
1302	on any vessel less than 25 feet if primary power of the vessel
1303	is mounted forward of the vessel center point. Gill or
1304	entangling nets shall be as defined in s. 16, Art. X of the
1305	State Constitution, s. 370.093(2)(b), or in a rule of the Fish
1306	and Wildlife Conservation Commission implementing s. 16, Art. X
1307	of the State Constitution. Vessel length shall be determined in
1308	accordance with current United States Coast Guard regulations
1309	specified in the Code of Federal Regulations or as titled by the
1310	State of Florida. The Marine Fisheries Commission is directed to
1311	initiate by July 1, 1998, rulemaking to adjust by rule the use
1312	of gear on vessels longer than 22 feet where the primary power
1313	of the vessel is mounted forward of the vessel center point in
1314	order to prevent the illegal use of gill and entangling nets in
1315	state waters and to provide reasonable opportunities for the use
1316	of legal net gear in adjacent federal waters.
1317	(4)  The Fish and Wildlife Conservation Commission shall
1318	adopt rules to prohibit the possession and sale of mullet taken
1319	in illegal gill or entangling nets. Violations of such rules
1320	shall be punishable as provided in s. 370.021(4)(3).
1321	Section 16.  Subsection (5) of section 370.093, Florida
1322	Statutes, is amended to read:
1323	370.093  Illegal use of nets.--
1324	(5)  Any person who violates this section shall be punished
1325	as provided in s. 370.021(4)(3).
1326	Section 17.  Paragraph (s) of subsection (2) of section
1327	370.12, Florida Statutes, is amended to read:
1328	370.12  Marine animals; regulation.--
1329	(2)  PROTECTION OF MANATEES OR SEA COWS.--
1330	(s)  Except as otherwise provided in this paragraph, any
1331	person violating the provisions of this subsection or any rule
1332	or ordinance adopted pursuant to this subsection commits a
1333	misdemeanor, punishable as provided in s. 370.021(2)(1)(a) or
1334	(b).
1335	1.  Any person operating a vessel in excess of a posted
1336	speed limit shall be guilty of a civil infraction, punishable as
1337	provided in s. 327.73, except as provided in subparagraph 2.
1338	2.  This paragraph does not apply to persons violating
1339	restrictions governing "No Entry" zones or "Motorboat
1340	Prohibited" zones, who, if convicted, shall be guilty of a
1341	misdemeanor, punishable as provided in s. 370.021(2)(1)(a) or
1342	(b), or, if such violation demonstrates blatant or willful
1343	action, may be found guilty of harassment as described in
1344	paragraph (d).
1345	3.  A person may engage in any activity otherwise
1346	prohibited by this subsection or any rule or ordinance adopted
1347	pursuant to this subsection if the activity is reasonably
1348	necessary in order to prevent the loss of human life or a vessel
1349	in distress due to weather conditions or other reasonably
1350	unforeseen circumstances, or in order to render emergency
1351	assistance to persons or a vessel in distress.
1352	Section 18.  Subsection (2) of section 370.1405, Florida
1353	Statutes, is amended to read:
1354	370.1405  Crawfish reports by dealers during closed season
1355	required.--
1356	(2)  Failure to submit a report as described in subsection
1357	(1) or reporting a greater or lesser amount of whole crawfish,
1358	crawfish tails, or crawfish meat than is actually in the
1359	dealer's possession or name is a major violation of this
1360	chapter, punishable as provided in s. 370.021(2)(1), s.
1361	370.07(6)(b), or both. The commission shall seize the entire
1362	supply of unreported or falsely reported whole crawfish,
1363	crawfish tails, or crawfish meat, and shall carry the same
1364	before the court for disposal. The dealer shall post a cash bond
1365	in the amount of the fair value of the entire quantity of
1366	unreported or falsely reported crawfish as determined by the
1367	judge. After posting the cash bond, the dealer shall have 24
1368	hours to transport said products outside the limits of Florida
1369	for sale as provided by s. 370.061. Otherwise, the product shall
1370	be declared a nuisance and disposed of by the commission
1371	according to law.
1372	Section 19.  Paragraph (c) of subsection (2) of section
1373	370.142, Florida Statutes, is amended to read:
1374	370.142  Spiny lobster trap certificate program.--
1375	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
1376	PENALTIES.--The Fish and Wildlife Conservation Commission shall
1377	establish a trap certificate program for the spiny lobster
1378	fishery of this state and shall be responsible for its
1379	administration and enforcement as follows:
1380	(c)  Prohibitions; penalties.--
1381	1.  It is unlawful for a person to possess or use a spiny
1382	lobster trap in or on state waters or adjacent federal waters
1383	without having affixed thereto the trap tag required by this
1384	section. It is unlawful for a person to possess or use any other
1385	gear or device designed to attract and enclose or otherwise aid
1386	in the taking of spiny lobster by trapping that is not a trap as
1387	defined in rule 68B-24.006(2), Florida Administrative Code.
1388	2.  It is unlawful for a person to possess or use spiny
1389	lobster trap tags without having the necessary number of
1390	certificates on record as required by this section.
1391	3.  It is unlawful for any person to willfully molest, take
1392	possession of, or remove the contents of another harvester's
1393	trap without the express written consent of the trap owner
1394	available for immediate inspection. Unauthorized possession of
1395	another's trap gear or removal of trap contents constitutes
1396	theft. Any person receiving a judicial disposition other than
1397	dismissal or acquittal on a charge of theft of or from a trap
1398	pursuant to this subparagraph or s. 370.1107 shall, in addition
1399	to the penalties specified in ss. 370.021 and 370.14 and the
1400	provisions of this section, permanently lose all his or her
1401	saltwater fishing privileges, including his or her saltwater
1402	products license, crawfish endorsement, and all trap
1403	certificates allotted to him or her through this program. In
1404	such cases, trap certificates and endorsements are
1405	nontransferable. Any person receiving a judicial disposition
1406	other than dismissal or acquittal on a charge of willful
1407	molestation of a trap, in addition to the penalties specified in
1408	ss. 370.021 and 370.14, shall lose all saltwater fishing
1409	privileges for a period of 24 calendar months. In addition, any
1410	person, firm, or corporation charged with violating this
1411	paragraph and receiving a judicial disposition other than
1412	dismissal or acquittal for violating this subparagraph or s.
1413	370.1107 shall also be assessed an administrative penalty of up
1414	to $5,000. Immediately upon receiving a citation for a violation
1415	involving theft of or from a trap, or molestation of a trap, and
1416	until adjudicated for such a violation or, upon receipt of a
1417	judicial disposition other than dismissal or acquittal of such a
1418	violation, the person, firm, or corporation committing the
1419	violation is prohibited from transferring any crawfish trap
1420	certificates and endorsements.
1421	4.  In addition to any other penalties provided in s.
1422	370.021, a commercial harvester, as defined by rule 68B-
1423	24.002(1), Florida Administrative Code, who violates the
1424	provisions of this section, or the provisions relating to traps
1425	of chapter 68B-24, Florida Administrative Code, shall be
1426	punished as follows:
1427	a.  If the first violation is for violation of subparagraph
1428	1. or subparagraph 2., the commission shall assess an additional
1429	civil penalty of up to $1,000 and the crawfish trap number
1430	issued pursuant to s. 370.14(2) or (6) may be suspended for the
1431	remainder of the current license year. For all other first
1432	violations, the commission shall assess an additional civil
1433	penalty of up to $500.
1434	b.  For a second violation of subparagraph 1. or
1435	subparagraph 2. which occurs within 24 months of any previous
1436	such violation, the commission shall assess an additional civil
1437	penalty of up to $2,000 and the crawfish trap number issued
1438	pursuant to s. 370.14(2) or (6) may be suspended for the
1439	remainder of the current license year.
1440	c.  For a third or subsequent violation of subparagraph 1.,
1441	subparagraph 2., or subparagraph 3. which occurs within 36
1442	months of any previous two such violations, the commission shall
1443	assess an additional civil penalty of up to $5,000 and may
1444	suspend the crawfish trap number issued pursuant to s. 370.14(2)
1445	or (6) for a period of up to 24 months or may revoke the
1446	crawfish trap number and, if revoking the crawfish trap number,
1447	may also proceed against the licenseholder's saltwater products
1448	license in accordance with the provisions of s.
1449	370.021(3)(2)(h).
1450	d.  Any person assessed an additional civil penalty
1451	pursuant to this section shall within 30 calendar days after
1452	notification:
1453	(I)  Pay the civil penalty to the commission; or
1454	(II)  Request an administrative hearing pursuant to the
1455	provisions of s. 120.60.
1456	e.  The commission shall suspend the crawfish trap number
1457	issued pursuant to s. 370.14(2) or (6) for any person failing to
1458	comply with the provisions of sub-subparagraph d.
1459	5.a.  It is unlawful for any person to make, alter, forge,
1460	counterfeit, or reproduce a spiny lobster trap tag or
1461	certificate.
1462	b.  It is unlawful for any person to knowingly have in his
1463	or her possession a forged, counterfeit, or imitation spiny
1464	lobster trap tag or certificate.
1465	c.  It is unlawful for any person to barter, trade, sell,
1466	supply, agree to supply, aid in supplying, or give away a spiny
1467	lobster trap tag or certificate or to conspire to barter, trade,
1468	sell, supply, aid in supplying, or give away a spiny lobster
1469	trap tag or certificate unless such action is duly authorized by
1470	the commission as provided in this chapter or in the rules of
1471	the commission.
1472	6.a.  Any person who violates the provisions of
1473	subparagraph 5., or any person who engages in the commercial
1474	harvest, trapping, or possession of spiny lobster without a
1475	crawfish trap number as required by s. 370.14(2) or (6) or
1476	during any period while such crawfish trap number is under
1477	suspension or revocation, commits a felony of the third degree,
1478	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1479	b.  In addition to any penalty imposed pursuant to sub-
1480	subparagraph a., the commission shall levy a fine of up to twice
1481	the amount of the appropriate surcharge to be paid on the fair
1482	market value of the transferred certificates, as provided in
1483	subparagraph (a)1., on any person who violates the provisions of
1484	sub-subparagraph 5.c.
1485	7.  Any certificates for which the annual certificate fee
1486	is not paid for a period of 3 years shall be considered
1487	abandoned and shall revert to the commission. During any period
1488	of trap reduction, any certificates reverting to the commission
1489	shall become permanently unavailable and be considered in that
1490	amount to be reduced during the next license-year period.
1491	Otherwise, any certificates that revert to the commission are to
1492	be reallotted in such manner as provided by the commission.
1493	8.  The proceeds of all civil penalties collected pursuant
1494	to subparagraph 4. and all fines collected pursuant to sub-
1495	subparagraph 6.b. shall be deposited into the Marine Resources
1496	Conservation Trust Fund.
1497	9.  All traps shall be removed from the water during any
1498	period of suspension or revocation.
1499	Section 20.  This act shall take effect January 1, 2007.

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