HB 0471

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to fish and wildlife; amending s. 370.01,
7	F.S.; defining the term "commercial harvester"; amending
8	s. 370.021, F.S.; providing for base penalties; conforming
9	penalty provisions for commercial harvesters; providing
10	penalties for persons other than commercial harvesters;
11	amending s. 370.028, F.S.; conforming penalty provisions;
12	amending s. 370.061, F.S.; correcting a cross-reference;
13	amending ss. 370.063, 370.08, 370.081, 370.1105, 370.1121,
14	370.13, 370.135, 370.14, and 370.142, F.S.; conforming
15	penalty provisions for commercial harvesters; providing
16	penalties for persons other than commercial harvesters;
17	amending s. 372.57, F.S.; specifying seasonal recreational
18	activities for which a license or permit is required;
19	increasing fees for certain licenses to conform; providing
20	fees for crossbow and archery season permits; providing
21	for crossbow and archery season permits; providing
22	penalties for the production, possession, and use of
23	fraudulent fishing and hunting licenses; providing
24	penalties for the taking of game and fish with a suspended
25	or revoked license; amending s. 372.5704, F.S.; conforming
26	penalty provisions; amending ss. 372.571 and 372.573,
27	F.S.; correcting cross-references; amending s. 372.5717,
28	F.S.; authorizing the Fish and Wildlife Conservation
29	Commission to defer the hunter safety education course
30	requirement for a specified time period and for a
31	specified number of times; providing for special
32	authorization and conditions to hunt using a hunter safety
33	education deferral; deleting the mandatory minimum number
34	of instructional hours for persons required to take the
35	hunter safety education course; providing an exemption for
36	the display of hunter safety education certificates;
37	providing penalties; amending s. 372.83, F.S.; revising
38	the penalties for violations of rules, orders, and
39	regulations of the Fish and Wildlife Conservation
40	Commission; creating penalties for recreational violations
41	of certain saltwater fishing regulations established in
42	ch. 370, F.S.; providing for court appearances in certain
43	circumstances; providing for Level One, Level Two, Level
44	Three, and Level Four offenses; providing for enhanced
45	penalties for multiple violations; providing for
46	suspension and revocation of licenses and permits,
47	including exemptions from licensing and permit
48	requirements; defining the term "conviction" for purposes
49	of penalty provisions; creating s. 372.935, F.S.;
50	providing penalties for violations involving captive
51	wildlife and poisonous or venomous reptiles; specifying
52	violations that constitute noncriminal infractions or
53	second degree misdemeanors; amending ss. 372.26, 372.265,
54	372.661, 372.662, 372.667, 372.705, 372.988, 372.99022,
55	372.99, and 372.9903, F.S.; conforming penalty provisions;
56	creating s. 372.831, F.S.; creating the Wildlife Violators
57	Compact; providing findings and purposes; providing
58	definitions; providing procedures for states issuing
59	citations for wildlife violations; providing requirements
60	for the home state of a violator; providing for reciprocal
61	recognition of a license suspension; providing procedures
62	for administering the compact; providing for entry into
63	and withdrawal from the compact; providing for
64	construction of the compact and for severability; creating
65	s. 372.8311, F.S.; providing for enforcement of the
66	compact by the Fish and Wildlife Conservation Commission;
67	providing that a suspension under the compact is subject
68	to limited review under ch. 120, F.S.; providing that
69	actions taken by another state or its courts are not
70	reviewable; repealing s. 372.711, F.S., relating to
71	noncriminal infractions; repealing s. 372.912, F.S.,
72	relating to organized poisonous reptile hunts; providing
73	an effective date.
74
75	Be It Enacted by the Legislature of the State of Florida:
76
77	Section 1.  Present subsections (5) through (28) of section
78	370.01, Florida Statutes, are redesignated as subsections (6)
79	through (29), respectively, and a new subsection (5) is added to
80	that section to read:
81	370.01  Definitions.--In construing these statutes, where
82	the context does not clearly indicate otherwise, the word,
83	phrase, or term:
84	(5)  "Commercial harvester" means any person, firm, or
85	corporation that takes, harvests, or attempts to take or harvest
86	saltwater products for sale or with intent to sell as evidenced
87	by any of the following:
88	(a)  The person, firm, or corporation is operating under or
89	is required to operate under a license or permit or
90	authorization issued pursuant to this chapter;
91	(b)  The person, firm, or corporation is using gear that is
92	prohibited for use in the harvest of recreational amounts of any
93	saltwater product being taken or harvested; or
94	(c)  The person, firm, or corporation is harvesting any
95	saltwater product in an amount that is at least 2 times the
96	recreational bag limit for the saltwater product being taken or
97	harvested.
98	Section 2.  Subsections (1), (2), (4), (5), (6), and (12)
99	of section 370.021, Florida Statutes, are amended to read:
100	370.021  Administration; rules, publications, records;
101	penalties; injunctions.--
102	(1)  BASE PENALTIES.--Unless otherwise provided by law, any
103	person, firm, or corporation who violates is convicted for
104	violating any provision of this chapter, or any rule of the Fish
105	and Wildlife Conservation Commission relating to the
106	conservation of marine resources, shall be punished:
107	(a)  Upon a first conviction, by imprisonment for a period
108	of not more than 60 days or by a fine of not less than $100 nor
109	more than $500, or by both such fine and imprisonment.
110	(b)  On a second or subsequent conviction within 12 months,
111	by imprisonment for not more than 6 months or by a fine of not
112	less than $250 nor more than $1,000, or by both such fine and
113	imprisonment.
114
115	Upon final disposition of any alleged offense for which a
116	citation for any violation of this chapter or the rules of the
117	commission has been issued, the court shall, within 10 days,
118	certify the disposition to the commission.
119	(2)  MAJOR VIOLATIONS.--In addition to the penalties
120	provided in paragraphs (1)(a) and (b), the court shall assess
121	additional penalties against any commercial harvester person,
122	firm, or corporation convicted of major violations as follows:
123	(a)  For a violation involving more than 100 illegal blue
124	crabs, crawfish, or stone crabs, an additional penalty of $10
125	for each illegal blue crab, crawfish, stone crab, or part
126	thereof.
127	(b)  For a violation involving the taking or harvesting of
128	shrimp from a nursery or other prohibited area, or any two
129	violations within a 12-month period involving shrimping gear,
130	minimum size (count), or season, an additional penalty of $10
131	for each pound of illegal shrimp or part thereof.
132	(c)  For a violation involving the taking or harvesting of
133	oysters from nonapproved areas or the taking or possession of
134	unculled oysters, an additional penalty of $10 for each bushel
135	of illegal oysters.
136	(d)  For a violation involving the taking or harvesting of
137	clams from nonapproved areas, an additional penalty of $100 for
138	each 500 count bag of illegal clams.
139	(e)  For a violation involving the taking, harvesting, or
140	possession of any of the following species, which are
141	endangered, threatened, or of special concern:
142	1.  Shortnose sturgeon (Acipenser brevirostrum);
143	2.  Atlantic sturgeon (Acipenser oxyrhynchus);
144	3.  Common snook (Centropomus undecimalis);
145	4.  Atlantic loggerhead turtle (Caretta caretta caretta);
146	5.  Atlantic green turtle (Chelonia mydas mydas);
147	6.  Leatherback turtle (Dermochelys coriacea);
148	7.  Atlantic hawksbill turtle (Eretmochelys imbricata
149	imbracata);
150	8.  Atlantic ridley turtle (Lepidochelys kempi); or
151	9.  West Indian manatee (Trichechus manatus latirostris),
152
153	an additional penalty of $100 for each unit of marine life or
154	part thereof.
155	(f)  For a second or subsequent conviction within 24 months
156	for any violation of the same law or rule involving the taking
157	or harvesting of more than 100 pounds of any finfish, an
158	additional penalty of $5 for each pound of illegal finfish.
159	(g)  For any violation involving the taking, harvesting, or
160	possession of more than 1,000 pounds of any illegal finfish, an
161	additional penalty equivalent to the wholesale value of the
162	illegal finfish.
163	(h)  Permits issued to any commercial harvester person,
164	firm, or corporation by the commission to take or harvest
165	saltwater products, or any license issued pursuant to s. 370.06
166	or s. 370.07 may be suspended or revoked by the commission,
167	pursuant to the provisions and procedures of s. 120.60, for any
168	major violation prescribed in this subsection:
169	1.  Upon a first conviction, for up to 30 calendar days.
170	2.  Upon a second conviction which occurs within 12 months
171	after a prior violation, for up to 90 calendar days.
172	3.  Upon a third conviction which occurs within 24 months
173	after a prior conviction, for up to 180 calendar days.
174	4.  Upon a fourth conviction which occurs within 36 months
175	after a prior conviction, for a period of 6 months to 3 years.
176	(i)  Upon the arrest and conviction for a major violation
177	involving stone crabs, the licenseholder must show just cause
178	why his or her license should not be suspended or revoked. For
179	the purposes of this paragraph, a "major violation" means a
180	major violation as prescribed for illegal stone crabs; any
181	single violation involving possession of more than 25 stone
182	crabs during the closed season or possession of 25 or more
183	whole-bodied or egg-bearing stone crabs; any violation for trap
184	molestation, trap robbing, or pulling traps at night; or any
185	combination of violations in any 3-consecutive-year period
186	wherein more than 75 illegal stone crabs in the aggregate are
187	involved.
188	(j)  Upon the arrest and conviction for a major violation
189	involving crawfish, the licenseholder must show just cause why
190	his or her license should not be suspended or revoked. For the
191	purposes of this paragraph, a "major violation" means a major
192	violation as prescribed for illegal crawfish; any single
193	violation involving possession of more than 25 crawfish during
194	the closed season or possession of more than 25 wrung crawfish
195	tails or more than 25 egg-bearing or stripped crawfish; any
196	violation for trap molestation, trap robbing, or pulling traps
197	at night; or any combination of violations in any 3-consecutive-
198	year period wherein more than 75 illegal crawfish in the
199	aggregate are involved.
200	(k)  Upon the arrest and conviction for a major violation
201	involving blue crabs, the licenseholder shall show just cause
202	why his or her saltwater products license should not be
203	suspended or revoked. This paragraph shall not apply to an
204	individual fishing with no more than five traps. For the
205	purposes of this paragraph, a "major violation" means a major
206	violation as prescribed for illegal blue crabs, any single
207	violation wherein 50 or more illegal blue crabs are involved;
208	any violation for trap molestation, trap robbing, or pulling
209	traps at night; or any combination of violations in any 3-
210	consecutive-year period wherein more than 100 illegal blue crabs
211	in the aggregate are involved.
212	(l)  Upon the conviction for a major violation involving
213	finfish, the licenseholder must show just cause why his or her
214	saltwater products license should not be suspended or revoked.
215	For the purposes of this paragraph, a major violation is
216	prescribed for the taking and harvesting of illegal finfish, any
217	single violation involving the possession of more than 100
218	pounds of illegal finfish, or any combination of violations in
219	any 3-consecutive-year period wherein more than 200 pounds of
220	illegal finfish in the aggregate are involved.
221	(m)  For a violation involving the taking or harvesting of
222	any marine life species, as those species are defined by rule of
223	the commission, the harvest of which is prohibited, or the
224	taking or harvesting of such a species out of season, or with an
225	illegal gear or chemical, or any violation involving the
226	possession of 25 or more individual specimens of marine life
227	species, or any combination of violations in any 3-year period
228	involving more than 70 such specimens in the aggregate, the
229	suspension or revocation of the licenseholder's marine life
230	endorsement as provided in paragraph (h).
231
232	The penalty provisions of this subsection apply to commercial
233	harvesters and wholesale and retail saltwater products dealers
234	as defined in s. 370.07. Any other person who commits a major
235	violation under this subsection commits a Level Three violation
236	under s. 372.83. Notwithstanding the provisions of s. 948.01, no
237	court may suspend, defer, or withhold adjudication of guilt or
238	imposition of sentence for any major violation prescribed in
239	this subsection. The proceeds from the penalties assessed
240	pursuant to this subsection shall be deposited into the Marine
241	Resources Conservation Trust Fund to be used for marine
242	fisheries research or into the commission's Federal Law
243	Enforcement Trust Fund as provided in s. 372.107, as applicable.
244	(4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
245	CERTAIN FINFISH.--
246	(a)  It is a major violation pursuant to this section,
247	punishable as provided in paragraph (3)(b), for any person to be
248	in possession of any species of trout, snook, or redfish which
249	is three fish in excess of the recreational or commercial daily
250	bag limit.
251	(b)  A commercial harvester who violates this subsection
252	shall be punished as provided in paragraph (3)(b). Any other
253	person who violates this subsection commits a Level Three
254	violation under s. 372.83.
255	(5)  SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
256	HARVESTED PRODUCTS.--In addition to other penalties authorized
257	in this chapter, any violation of s. 370.06 or s. 370.07, or
258	rules of the commission implementing s. 370.06 or s. 370.07,
259	involving the purchase of saltwater products by a commercial
260	wholesale dealer, retail dealer, or restaurant facility for
261	public consumption from an unlicensed person, firm, or
262	corporation, or the sale of saltwater products by an unlicensed
263	person, firm, or corporation or the purchase or sale of any
264	saltwater product known to be taken in violation of s. 16, Art.
265	X of the State Constitution, or rule or statute implementing the
266	provisions thereof, by a commercial wholesale dealer, retail
267	dealer, or restaurant facility, for public consumption, is a
268	major violation, and the commission may assess the following
269	penalties:
270	(a)  For a first violation, the commission may assess a
271	civil penalty of up to $2,500 and may suspend the wholesale or
272	retail dealer's license privileges for up to 90 calendar days.
273	(b)  For a second violation occurring within 12 months of a
274	prior violation, the commission may assess a civil penalty of up
275	to $5,000 and may suspend the wholesale or retail dealer's
276	license privileges for up to 180 calendar days.
277	(c)  For a third or subsequent violation occurring within a
278	24-month period, the commission shall assess a civil penalty of
279	$5,000 and shall suspend the wholesale or retail dealer's
280	license privileges for up to 24 months.
281
282	Any proceeds from the civil penalties assessed pursuant to this
283	subsection shall be deposited into the Marine Resources
284	Conservation Trust Fund and shall be used as follows: 40 percent
285	for administration and processing purposes and 60 percent for
286	law enforcement purposes.
287	(6)  PENALTIES FOR UNLICENSED SALE, PURCHASE, OR
288	HARVEST.--It is a major violation and punishable as provided in
289	this subsection for any an unlicensed person, firm, or
290	corporation who is required to be licensed as a commercial
291	harvester or a wholesale or retail saltwater products dealer
292	under this chapter to sell or purchase any saltwater product or
293	to harvest or attempt to harvest any saltwater product with
294	intent to sell the saltwater product.
295	(a)  Any person, firm, or corporation who sells or
296	purchases any saltwater product without having purchased the
297	licenses required by this chapter for such sale is subject to
298	additional penalties as follows:
299	1.  A first violation is a misdemeanor of the second
300	degree, punishable as provided in s. 775.082 or s. 775.083.
301	2.  A second violation is a misdemeanor of the first
302	degree, punishable as provided in s. 775.082 or s. 775.083, and
303	such person may also be assessed a civil penalty of up to $2,500
304	and is subject to a suspension of all license privileges under
305	this chapter and chapter 372 for a period not exceeding 90 days.
306	3.  A third violation is a misdemeanor of the first degree,
307	punishable as provided in s. 775.082 or s. 775.083, with a
308	mandatory minimum term of imprisonment of 6 months, and such
309	person may also be assessed a civil penalty of up to $5,000 and
310	is subject to a suspension of all license privileges under this
311	chapter and chapter 372 for a period not exceeding 6 months.
312	4.  A third violation within 1 year after a second
313	violation is a felony of the third degree, punishable as
314	provided in s. 775.082 or s. 775.083, with a mandatory minimum
315	term of imprisonment of 1 year, and such person shall be
316	assessed a civil penalty of $5,000 and all license privileges
317	under this chapter and chapter 372 shall be permanently revoked.
318	5.  A fourth or subsequent violation is a felony of the
319	third degree, punishable as provided in s. 775.082 or s.
320	775.083, with a mandatory minimum term of imprisonment of 1
321	year, and such person shall be assessed a civil penalty of
322	$5,000 and all license privileges under this chapter and chapter
323	372 shall be permanently revoked.
324	(b)  Any person whose license privileges under this chapter
325	have been permanently revoked and who thereafter sells or
326	purchases or who attempts to sell or purchase any saltwater
327	product commits a felony of the third degree, punishable as
328	provided in s. 775.082 or s. 775.083, with a mandatory minimum
329	term of imprisonment of 1 year, and such person shall also be
330	assessed a civil penalty of $5,000. All property involved in
331	such offense shall be forfeited pursuant to s. 370.061.
332	(c)  Any commercial harvester or wholesale or retail
333	saltwater products dealer person whose license privileges under
334	this chapter are under suspension and who during such period of
335	suspension sells or purchases or attempts to sell or purchase
336	any saltwater product shall be assessed the following penalties:
337	1.  A first violation, or a second violation occurring more
338	than 12 months after a first violation, is a first degree
339	misdemeanor, punishable as provided in ss. 775.082 and 775.083,
340	and such commercial harvester or wholesale or retail saltwater
341	products dealer person may be assessed a civil penalty of up to
342	$2,500 and an additional suspension of all license privileges
343	under this chapter and chapter 372 for a period not exceeding 90
344	days.
345	2.  A second violation occurring within 12 months of a
346	first violation is a third degree felony, punishable as provided
347	in ss. 775.082 and 775.083, with a mandatory minimum term of
348	imprisonment of 1 year, and such commercial harvester or
349	wholesale or retail saltwater products dealer person may be
350	assessed a civil penalty of up to $5,000 and an additional
351	suspension of all license privileges under this chapter and
352	chapter 372 for a period not exceeding 180 days. All property
353	involved in such offense shall be forfeited pursuant to s.
354	370.061.
355	3.  A third violation within 24 months of the second
356	violation or subsequent violation is a third degree felony,
357	punishable as provided in ss. 775.082 and 775.083, with a
358	mandatory minimum term of imprisonment of 1 year, and such
359	commercial harvester or wholesale or retail saltwater products
360	dealer person shall be assessed a mandatory civil penalty of up
361	to $5,000 and an additional suspension of all license privileges
362	under this chapter and chapter 372 for a period not exceeding 24
363	months. All property involved in such offense shall be forfeited
364	pursuant to s. 370.061.
365	(d)  Any commercial harvester person who harvests or
366	attempts to harvest any saltwater product with intent to sell
367	the saltwater product without having purchased a saltwater
368	products license with the requisite endorsements is subject to
369	penalties as follows:
370	1.  A first violation is a misdemeanor of the second
371	degree, punishable as provided in s. 775.082 or s. 775.083.
372	2.  A second violation is a misdemeanor of the first
373	degree, punishable as provided in s. 775.082 or s. 775.083, and
374	such commercial harvester person may also be assessed a civil
375	penalty of up to $2,500 and is subject to a suspension of all
376	license privileges under this chapter and chapter 372 for a
377	period not exceeding 90 days.
378	3.  A third violation is a misdemeanor of the first degree,
379	punishable as provided in s. 775.082 or s. 775.083, with a
380	mandatory minimum term of imprisonment of 6 months, and such
381	commercial harvester person may also be assessed a civil penalty
382	of up to $5,000 and is subject to a suspension of all license
383	privileges under this chapter and chapter 372 for a period not
384	exceeding 6 months.
385	4.  A third violation within 1 year after a second
386	violation is a felony of the third degree, punishable as
387	provided in s. 775.082 or s. 775.083, with a mandatory minimum
388	term of imprisonment of 1 year, and such commercial harvester
389	person shall also be assessed a civil penalty of $5,000 and all
390	license privileges under this chapter and chapter 372 shall be
391	permanently revoked.
392	5.  A fourth or subsequent violation is a felony of the
393	third degree, punishable as provided in s. 775.082 or s.
394	775.083, with a mandatory minimum term of imprisonment of 1
395	year, and such commercial harvester person shall also be
396	assessed a mandatory civil penalty of $5,000 and all license
397	privileges under this chapter and chapter 372 shall be
398	permanently revoked.
399
400	For purposes of this subsection, a violation means any judicial
401	disposition other than acquittal or dismissal.
402	(12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
403	purposes of imposing license or permit suspensions or
404	revocations authorized by this chapter, the license or permit
405	under which the violation was committed is subject to suspension
406	or revocation by the commission. For purposes of assessing
407	monetary civil or administrative penalties authorized by this
408	chapter, the commercial harvester person, firm, or corporation
409	cited and subsequently receiving a judicial disposition of other
410	than dismissal or acquittal in a court of law is subject to the
411	monetary penalty assessment by the commission. However, if the
412	license or permitholder of record is not the commercial
413	harvester person, firm, or corporation receiving the citation
414	and judicial disposition, the license or permit may be suspended
415	or revoked only after the license or permitholder has been
416	notified by the commission that the license or permit has been
417	cited in a major violation and is now subject to suspension or
418	revocation should the license or permit be cited for subsequent
419	major violations.
420	Section 3.  Section 370.028, Florida Statutes, is amended
421	to read:
422	370.028  Enforcement of commission rules; penalties for
423	violation of rule.--Rules of the Fish and Wildlife Conservation
424	Commission shall be enforced by any law enforcement officer
425	certified pursuant to s. 943.13. Except as provided under s.
426	372.83, any person who violates or otherwise fails to comply
427	with any rule adopted by the commission shall be punished
428	pursuant to s. 370.021(1).
429	Section 4.  Paragraph (d) of subsection (5) of section
430	370.061, Florida Statutes, is amended to read:
431	370.061  Confiscation, seizure, and forfeiture of property
432	and products.--
433	(5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
434	PRODUCTS; PROCEDURE.--
435	(d)  For purposes of confiscation under this subsection,
436	the term "saltwater products" has the meaning set out in s.
437	370.01(27)(26), except that the term does not include saltwater
438	products harvested under the authority of a recreational license
439	unless the amount of such harvested products exceeds three times
440	the applicable recreational bag limit for trout, snook, or
441	redfish.
442	Section 5.  Subsection (8) is added to section 370.063,
443	Florida Statutes, to read:
444	370.063  Special recreational crawfish license.--There is
445	created a special recreational crawfish license, to be issued to
446	qualified persons as provided by this section for the
447	recreational harvest of crawfish (spiny lobster) beginning
448	August 5, 1994.
449	(8)  Any person who violates this section commits a Level
450	One violation under s. 372.83.
451	Section 6.  Subsection (8) is added to section 370.08,
452	Florida Statutes, to read:
453	370.08  Fishers and equipment; regulation.--
454	(8)  PENALTIES.--A commercial harvester who violates this
455	section shall be punished under s. 370.021. Any other person who
456	violates this section commits a Level Two violation under s.
457	372.83.
458	Section 7.  Subsection (6) is added to section 370.081,
459	Florida Statutes, to read:
460	370.081  Illegal importation or possession of nonindigenous
461	marine plants and animals; rules and regulations.--
462	(6)  Any person who violates this section commits a Level
463	Three violation under s. 372.83.
464	Section 8.  Subsection (4) is added to section 370.1105,
465	Florida Statutes, to read:
466	370.1105  Saltwater finfish; fishing traps regulated.--
467	(4)  A commercial harvester who violates this section shall
468	be punished under s. 370.021. Any other person who violates this
469	section commits a Level Two violation under s. 372.83.
470	Section 9.  Subsection (3) is added to section 370.1121,
471	Florida Statutes, to read:
472	370.1121  Bonefish; regulation.--
473	(3)  A commercial harvester or wholesale or retail
474	saltwater products dealer who violates this section shall be
475	punished under s. 370.021. Any other person who violates this
476	section commits a Level Two violation under s. 372.83.
477	Section 10.  Paragraphs (a), (b), (c), and (d) of
478	subsection (2) of section 370.13, Florida Statutes, are amended
479	to read:
480	370.13  Stone crab; regulation.--
481	(2)  PENALTIES.--For purposes of this subsection,
482	conviction is any disposition other than acquittal or dismissal,
483	regardless of whether the violation was adjudicated under any
484	state or federal law.
485	(a)  It is unlawful to violate commission rules regulating
486	stone crab trap certificates and trap tags. No person may use an
487	expired tag or a stone crab trap tag not issued by the
488	commission or possess or use a stone crab trap in or on state
489	waters or adjacent federal waters without having a trap tag
490	required by the commission firmly attached thereto.
491	1.  In addition to any other penalties provided in s.
492	370.021, for any commercial harvester who violates this
493	paragraph, person, firm, or corporation who violates rule 68B-
494	13.010(2), Florida Administrative Code, or rule 68B-13.011(5),
495	(6), (7), (8), or (11), Florida Administrative Code, the
496	following administrative penalties apply.
497	a.1.  For a first violation, the commission shall assess an
498	administrative penalty of up to $1,000 and the stone crab
499	endorsement under which the violation was committed may be
500	suspended for the remainder of the current license year.
501	b.2.  For a second violation that occurs within 24 months
502	of any previous such violation, the commission shall assess an
503	administrative penalty of up to $2,000 and the stone crab
504	endorsement under which the violation was committed may be
505	suspended for 12 calendar months.
506	c.3.  For a third violation that occurs within 36 months of
507	any previous two such violations, the commission shall assess an
508	administrative penalty of up to $5,000 and the stone crab
509	endorsement under which the violation was committed may be
510	suspended for 24 calendar months.
511	d.4.  A fourth violation that occurs within 48 months of
512	any three previous such violations, shall result in permanent
513	revocation of all of the violator's saltwater fishing
514	privileges, including having the commission proceed against the
515	endorsement holder's saltwater products license in accordance
516	with s. 370.021.
517	2.  Any other person who violates the provisions of this
518	paragraph commits a Level Two violation under s. 372.83.
519
520	Any commercial harvester person assessed an administrative
521	penalty under this paragraph shall, within 30 calendar days
522	after notification, pay the administrative penalty to the
523	commission, or request an administrative hearing under ss.
524	120.569 and 120.57. The proceeds of all administrative penalties
525	collected under this paragraph shall be deposited in the Marine
526	Resources Conservation Trust Fund.
527	(b)  It is unlawful for any commercial harvester person to
528	remove the contents of another harvester's trap or take
529	possession of such without the express written consent of the
530	trap owner available for immediate inspection. Unauthorized
531	possession of another's trap gear or removal of trap contents
532	constitutes theft.
533	1.  Any commercial harvester person convicted of theft of
534	or from a trap pursuant to this subsection or s. 370.1107 shall,
535	in addition to the penalties specified in s. 370.021 and the
536	provisions of this section, permanently lose all his or her
537	saltwater fishing privileges, including saltwater products
538	licenses, stone crab or incidental take endorsements, and all
539	trap certificates allotted to such commercial harvester him or
540	her by the commission. In such cases, trap certificates and
541	endorsements are nontransferable.
542	2.  In addition, any commercial harvester person, firm, or
543	corporation convicted of violating the prohibitions referenced
544	in this paragraph shall also be assessed an administrative
545	penalty of up to $5,000. Immediately upon receiving a citation
546	for a violation involving theft of or from a trap and until
547	adjudicated for such a violation, or, upon receipt of a judicial
548	disposition other than dismissal or acquittal on such a
549	violation, the violator is prohibited from transferring any
550	stone crab or lobster certificates.
551	3.  Any other person who violates the provisions of this
552	paragraph commits a Level Two violation under s. 372.83.
553	(c)1.  It is unlawful to violate Any person, firm, or
554	corporation convicted of violating commission rules that
555	prohibit any of the following:, commits a felony of the third
556	degree, punishable as provided in s. 775.082, s. 775.083, or s.
557	775.084.
558	a.1.  The willful molestation of any stone crab trap, line,
559	or buoy that is the property of any licenseholder, without the
560	permission of that licenseholder.
561	b.2.  The bartering, trading, or sale, or conspiring or
562	aiding in such barter, trade, or sale, or supplying, agreeing to
563	supply, aiding in supplying, or giving away stone crab trap tags
564	or certificates unless the action is duly authorized by the
565	commission as provided by commission rules.
566	c.3.  The making, altering, forging, counterfeiting, or
567	reproducing of stone crab trap tags.
568	d.4.  Possession of forged, counterfeit, or imitation stone
569	crab trap tags.
570	e.5.  Engaging in the commercial harvest of stone crabs
571	during the time either of the endorsements is under suspension
572	or revocation.
573	2.  Any commercial harvester who violates this paragraph
574	commits a felony of the third degree, punishable as provided in
575	s. 775.082, s. 775.083, or s. 775.084.
576	3.  Any other person who violates this paragraph commits a
577	Level Four violation under s. 372.83.
578
579	In addition, any commercial harvester person, firm, or
580	corporation convicted of violating this paragraph shall also be
581	assessed an administrative penalty of up to $5,000, and the
582	incidental take endorsement and/or the stone crab endorsement
583	under which the violation was committed may be suspended for up
584	to 24 calendar months. Immediately upon receiving a citation
585	involving a violation of this paragraph and until adjudicated
586	for such a violation, or if convicted of such a violation, the
587	person, firm, or corporation committing the violation is
588	prohibited from transferring any stone crab certificates or
589	endorsements.
590	(d)  For any commercial harvester person, firm, or
591	corporation convicted of fraudulently reporting the actual value
592	of transferred stone crab certificates, the commission may
593	automatically suspend or permanently revoke the seller's or the
594	purchaser's stone crab endorsements. If the endorsement is
595	permanently revoked, the commission shall also permanently
596	deactivate the endorsement holder's stone crab certificate
597	accounts. Whether an endorsement is suspended or revoked, the
598	commission may also levy a fine against the holder of the
599	endorsement of up to twice the appropriate surcharge to be paid
600	based on the fair market value of the transferred certificates.
601	Section 11.  Subsection (1) of section 370.135, Florida
602	Statutes, is amended to read:
603	370.135  Blue crab; regulation.--
604	(1)(a)  No commercial harvester person, firm, or
605	corporation shall transport on the water, fish with or cause to
606	be fished with, set, or place any trap designed for taking blue
607	crabs unless such commercial harvester person, firm, or
608	corporation is the holder of a valid saltwater products license
609	issued pursuant to s. 370.06 and the trap has a current state
610	number permanently attached to the buoy. The trap number shall
611	be affixed in legible figures at least 1 inch high on each buoy
612	used. The saltwater products license must be on board the boat,
613	and both the license and the crabs shall be subject to
614	inspection at all times. Only one trap number may be issued for
615	each boat by the commission upon receipt of an application on
616	forms prescribed by it. This subsection shall not apply to an
617	individual fishing with no more than five traps.
618	(b)  It is unlawful a felony of the third degree,
619	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
620	for any person willfully to molest any traps, lines, or buoys,
621	as defined herein, belonging to another without the express
622	written consent of the trap owner.
623	1.  A commercial harvester who violates this paragraph
624	commits a felony of the third degree, punishable as provided in
625	s. 775.082, s. 775.083, or s. 775.084.
626	2.  Any other person who violates this paragraph commits a
627	Level Four violation under s. 372.83.
628
629	Any commercial harvester person receiving a judicial disposition
630	other than dismissal or acquittal on a charge of willful
631	molestation of a trap, in addition to the penalties specified in
632	s. 370.021, shall lose all saltwater fishing privileges for a
633	period of 24 calendar months.
634	(c)1.  It is unlawful for any person to remove the contents
635	of or take possession of another harvester's trap without the
636	express written consent of the trap owner available for
637	immediate inspection. Unauthorized possession of another's trap
638	gear or removal of trap contents constitutes theft.
639	a.  Any commercial harvester person receiving a judicial
640	disposition other than dismissal or acquittal on a charge of
641	theft of or from a trap pursuant to this section or s. 370.1107
642	shall, in addition to the penalties specified in s. 370.021 and
643	the provisions of this section, permanently lose all his or her
644	saltwater fishing privileges, including any his or her saltwater
645	products license and blue crab endorsement. In such cases
646	endorsements, landings history, and trap certificates are
647	nontransferable.
648	b.  In addition, any commercial harvester person, firm, or
649	corporation receiving a judicial disposition other than
650	dismissal or acquittal for violating this subsection or s.
651	370.1107 shall also be assessed an administrative penalty of up
652	to $5,000. Immediately upon receiving a citation for a violation
653	involving theft of or from a trap and until adjudicated for such
654	a violation, or receiving a judicial disposition other than
655	dismissal or acquittal for such a violation, the commercial
656	harvester person, firm, or corporation committing the violation
657	is prohibited from transferring any blue crab endorsements,
658	landings history, or trap certificates.
659	2.  A commercial harvester who violates this paragraph
660	shall be punished under s. 370.021. Any other person who
661	violates this paragraph commits a Level Two violation under s.
662	372.83.
663	Section 12.  Paragraph (a) of subsection (2) and subsection
664	(4) of section 370.14, Florida Statutes, are amended to read:
665	370.14  Crawfish; regulation.--
666	(2)(a)1.  Each commercial harvester person taking or
667	attempting to take crawfish with a trap in commercial quantities
668	or for commercial purposes shall obtain and exhibit a crawfish
669	trap number, as required by the Fish and Wildlife Conservation
670	Commission. The annual fee for a crawfish trap number is $125.
671	This trap number may be issued by the commission upon the
672	receipt of application by the commercial harvester person when
673	accompanied by the payment of the fee. The design of the
674	applications and of the trap number shall be determined by the
675	commission. Any trap or device used in taking or attempting to
676	take crawfish, other than a trap with the trap number, shall be
677	seized and destroyed by the commission. The proceeds of the fees
678	imposed by this paragraph shall be deposited and used as
679	provided in paragraph (b). The commission may adopt rules to
680	carry out the intent of this section.
681	2.  Each commercial harvester person taking or attempting
682	to take crawfish in commercial quantities or for commercial
683	purposes by any method, other than with a trap having a crawfish
684	trap number issued by the commission, must pay an annual fee of
685	$100.
686	(4)(a)  It is unlawful a felony of the third degree,
687	punishable as provided in s. 775.082 or s. 775.083, for any
688	person willfully to molest any crawfish traps, lines, or buoys
689	belonging to another without permission of the licenseholder.
690	(b)  A commercial harvester who violates this subsection
691	commits a felony of the third degree, punishable as provided in
692	s. 775.082 or s. 775.083. Any other person who violates this
693	subsection commits a Level Four violation under s. 372.83.
694	Section 13.  Paragraph (c) of subsection (2) of section
695	370.142, Florida Statutes, is amended to read:
696	370.142  Spiny lobster trap certificate program.--
697	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
698	PENALTIES.--The Fish and Wildlife Conservation Commission shall
699	establish a trap certificate program for the spiny lobster
700	fishery of this state and shall be responsible for its
701	administration and enforcement as follows:
702	(c)  Prohibitions; penalties.--
703	1.  It is unlawful for a person to possess or use a spiny
704	lobster trap in or on state waters or adjacent federal waters
705	without having affixed thereto the trap tag required by this
706	section. It is unlawful for a person to possess or use any other
707	gear or device designed to attract and enclose or otherwise aid
708	in the taking of spiny lobster by trapping that is not a trap as
709	defined by rule of the commission in rule 68B-24.006(2), Florida
710	Administrative Code.
711	2.  It is unlawful for a person to possess or use spiny
712	lobster trap tags without having the necessary number of
713	certificates on record as required by this section.
714	3.  It is unlawful for any person to willfully molest, take
715	possession of, or remove the contents of another harvester's
716	trap without the express written consent of the trap owner
717	available for immediate inspection. Unauthorized possession of
718	another's trap gear or removal of trap contents constitutes
719	theft.
720	a.  A commercial harvester who violates this subparagraph
721	shall be punished under ss. 370.021 and 370.14. Any commercial
722	harvester person receiving a judicial disposition other than
723	dismissal or acquittal on a charge of theft of or from a trap
724	pursuant to this subparagraph or s. 370.1107 shall, in addition
725	to the penalties specified in ss. 370.021 and 370.14 and the
726	provisions of this section, permanently lose all his or her
727	saltwater fishing privileges, including his or her saltwater
728	products license, crawfish endorsement, and all trap
729	certificates allotted to him or her through this program. In
730	such cases, trap certificates and endorsements are
731	nontransferable.
732	b.  Any commercial harvester person receiving a judicial
733	disposition other than dismissal or acquittal on a charge of
734	willful molestation of a trap, in addition to the penalties
735	specified in ss. 370.021 and 370.14, shall lose all saltwater
736	fishing privileges for a period of 24 calendar months.
737	c.  In addition, any commercial harvester person, firm, or
738	corporation charged with violating this paragraph and receiving
739	a judicial disposition other than dismissal or acquittal for
740	violating this subparagraph or s. 370.1107 shall also be
741	assessed an administrative penalty of up to $5,000.
742
743	Immediately upon receiving a citation for a violation involving
744	theft of or from a trap, or molestation of a trap, and until
745	adjudicated for such a violation or, upon receipt of a judicial
746	disposition other than dismissal or acquittal of such a
747	violation, the person, firm, or corporation committing the
748	violation is prohibited from transferring any crawfish trap
749	certificates and endorsements.
750	4.  In addition to any other penalties provided in s.
751	370.021, a commercial harvester, as defined by rule 68B-
752	24.002(1), Florida Administrative Code, who violates the
753	provisions of this section, or commission rules the provisions
754	relating to traps of chapter 68B-24, Florida Administrative
755	Code, shall be punished as follows:
756	a.  If the first violation is for violation of subparagraph
757	1. or subparagraph 2., the commission shall assess an additional
758	administrative civil penalty of up to $1,000 and the crawfish
759	trap number issued pursuant to s. 370.14(2) or (6) may be
760	suspended for the remainder of the current license year. For all
761	other first violations, the commission shall assess an
762	additional administrative civil penalty of up to $500.
763	b.  For a second violation of subparagraph 1. or
764	subparagraph 2. which occurs within 24 months of any previous
765	such violation, the commission shall assess an additional
766	administrative civil penalty of up to $2,000 and the crawfish
767	trap number issued pursuant to s. 370.14(2) or (6) may be
768	suspended for the remainder of the current license year.
769	c.  For a third or subsequent violation of subparagraph 1.,
770	subparagraph 2., or subparagraph 3. which occurs within 36
771	months of any previous two such violations, the commission shall
772	assess an additional administrative civil penalty of up to
773	$5,000 and may suspend the crawfish trap number issued pursuant
774	to s. 370.14(2) or (6) for a period of up to 24 months or may
775	revoke the crawfish trap number and, if revoking the crawfish
776	trap number, may also proceed against the licenseholder's
777	saltwater products license in accordance with the provisions of
778	s. 370.021(2)(h).
779	d.  Any person assessed an additional administrative civil
780	penalty pursuant to this section shall within 30 calendar days
781	after notification:
782	(I)  Pay the administrative civil penalty to the
783	commission; or
784	(II)  Request an administrative hearing pursuant to the
785	provisions of s. 120.60.
786	e.  The commission shall suspend the crawfish trap number
787	issued pursuant to s. 370.14(2) or (6) for any person failing to
788	comply with the provisions of sub-subparagraph d.
789	5.a.  It is unlawful for any person to make, alter, forge,
790	counterfeit, or reproduce a spiny lobster trap tag or
791	certificate.
792	b.  It is unlawful for any person to knowingly have in his
793	or her possession a forged, counterfeit, or imitation spiny
794	lobster trap tag or certificate.
795	c.  It is unlawful for any person to barter, trade, sell,
796	supply, agree to supply, aid in supplying, or give away a spiny
797	lobster trap tag or certificate or to conspire to barter, trade,
798	sell, supply, aid in supplying, or give away a spiny lobster
799	trap tag or certificate unless such action is duly authorized by
800	the commission as provided in this chapter or in the rules of
801	the commission.
802	6.a.  Any commercial harvester person who violates the
803	provisions of subparagraph 5., or any commercial harvester
804	person who engages in the commercial harvest, trapping, or
805	possession of spiny lobster without a crawfish trap number as
806	required by s. 370.14(2) or (6) or during any period while such
807	crawfish trap number is under suspension or revocation, commits
808	a felony of the third degree, punishable as provided in s.
809	775.082, s. 775.083, or s. 775.084.
810	b.  In addition to any penalty imposed pursuant to sub-
811	subparagraph a., the commission shall levy a fine of up to twice
812	the amount of the appropriate surcharge to be paid on the fair
813	market value of the transferred certificates, as provided in
814	subparagraph (a)1., on any commercial harvester person who
815	violates the provisions of sub-subparagraph 5.c.
816	c.  Any other person who violates the provisions of
817	subparagraph 5. commits a Level Four violation under s. 372.83.
818	7.  Any certificates for which the annual certificate fee
819	is not paid for a period of 3 years shall be considered
820	abandoned and shall revert to the commission. During any period
821	of trap reduction, any certificates reverting to the commission
822	shall become permanently unavailable and be considered in that
823	amount to be reduced during the next license-year period.
824	Otherwise, any certificates that revert to the commission are to
825	be reallotted in such manner as provided by the commission.
826	8.  The proceeds of all civil penalties collected pursuant
827	to subparagraph 4. and all fines collected pursuant to sub-
828	subparagraph 6.b. shall be deposited into the Marine Resources
829	Conservation Trust Fund.
830	9.  All traps shall be removed from the water during any
831	period of suspension or revocation.
832	10.  Except as otherwise provided, any person who violates
833	this paragraph commits a Level Two violation under s. 372.83.
834	Section 14.  Subsections (4), (8), (11), and (12) of
835	section 372.57, Florida Statutes, are amended, and subsections
836	(16) and (17) are added to that section, to read:
837	372.57  Recreational licenses, permits, and authorization
838	numbers; fees established.--
839	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
840	and fees for residents participating in hunting and fishing
841	activities in this state are as follows:
842	(a)  Annual freshwater fishing license, $12.
843	(b)  Annual saltwater fishing license, $12.
844	(c)  Annual hunting license to take game, $11.
845	(d)  Annual combination hunting and freshwater fishing
846	license, $22.
847	(e)  Annual combination freshwater fishing and saltwater
848	fishing license, $24.
849	(f)  Annual combination hunting, freshwater fishing, and
850	saltwater fishing license, $34.
851	(g)  Annual license to take fur-bearing animals, $25.
852	However, a resident with a valid hunting license or a no-cost
853	license who is taking fur-bearing animals for noncommercial
854	purposes using guns or dogs only, and not traps or other
855	devices, is not required to purchase this license. Also, a
856	resident 65 years of age or older is not required to purchase
857	this license.
858	(h)  Annual sportsman's license, $71 $66, except that an
859	annual sportsman's license for a resident 64 years of age or
860	older is $12. A sportsman's license authorizes the person to
861	whom it is issued to take game and freshwater fish, subject to
862	the state and federal laws, rules, and regulations, including
863	rules of the commission, in effect at the time of the taking.
864	Other authorized activities include activities authorized by a
865	management area permit, a muzzle-loading gun season permit, a
866	crossbow season permit, a turkey permit, a Florida waterfowl
867	permit, and an archery season permit.
868	(i)  Annual gold sportsman's license, $87 $82. The gold
869	sportsman's license authorizes the person to whom it is issued
870	to take freshwater fish, saltwater fish, and game, subject to
871	the state and federal laws, rules, and regulations, including
872	rules of the commission, in effect at the time of taking. Other
873	authorized activities include activities authorized by a
874	management area permit, a muzzle-loading gun season permit, a
875	crossbow season permit, a turkey permit, a Florida waterfowl
876	permit, an archery season permit, a snook permit, and a crawfish
877	permit.
878	(j)  Annual military gold sportsman's license, $18.50. The
879	gold sportsman's license authorizes the person to whom it is
880	issued to take freshwater fish, saltwater fish, and game,
881	subject to the state and federal laws, rules, and regulations,
882	including rules of the commission, in effect at the time of
883	taking. Other authorized activities include activities
884	authorized by a management area permit, a muzzle-loading gun
885	season permit, a crossbow season permit, a turkey permit, a
886	Florida waterfowl permit, an archery season permit, a snook
887	permit, and a crawfish permit. Any resident who is an active or
888	retired member of the United States Armed Forces, the United
889	States Armed Forces Reserve, the National Guard, the United
890	States Coast Guard, or the United States Coast Guard Reserve is
891	eligible to purchase the military gold sportsman's license upon
892	submission of a current military identification card.
893	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
894	PERMITS.--In addition to any license required under this
895	chapter, the following permits and fees for specified hunting,
896	fishing, and recreational uses and activities are required:
897	(a)  An annual Florida waterfowl permit for a resident or
898	nonresident to take wild ducks or geese within the state or its
899	coastal waters is $3.
900	(b)1.  An annual Florida turkey permit for a resident to
901	take wild turkeys within the state is $5.
902	2.  An annual Florida turkey permit for a nonresident to
903	take wild turkeys within the state is $100.
904	(c)  An annual snook permit for a resident or nonresident
905	to take or possess any snook from any waters of the state is $2.
906	Revenue generated from the sale of snook permits shall be used
907	exclusively for programs to benefit the snook population.
908	(d)  An annual crawfish permit for a resident or
909	nonresident to take or possess any crawfish for recreational
910	purposes from any waters of the state is $2. Revenue generated
911	from the sale of crawfish permits shall be used exclusively for
912	programs to benefit the crawfish population.
913	(e)  A $5 fee is imposed for each of the following permits:
914	1.  An annual archery season permit for a resident or
915	nonresident to hunt within the state during any archery season
916	authorized by the commission.
917	2.  An annual crossbow season permit for a resident or
918	nonresident to hunt within the state during any crossbow season
919	authorized by the commission.
920	3.  An annual muzzle-loading gun season permit for a
921	resident or nonresident to hunt within the state during any with
922	a muzzle-loading gun season is $5. Hunting with a muzzle-loading
923	gun is limited to game seasons in which hunting with a modern
924	firearm is not authorized by the commission.
925	(f)  An annual archery permit for a resident or nonresident
926	to hunt within the state with a bow and arrow is $5. Hunting
927	with an archery permit is limited to those game seasons in which
928	hunting with a firearm is not authorized by the commission.
929	(f)(g)  A special use permit for a resident or nonresident
930	to participate in limited entry hunting or fishing activities as
931	authorized by commission rule shall not exceed $100 per day or
932	$250 per week. Notwithstanding any other provision of this
933	chapter, there are no exclusions, exceptions, or exemptions from
934	this permit fee. In addition to the permit fee, the commission
935	may charge each special use permit applicant a nonrefundable
936	application fee not to exceed $10.
937	(g)(h)1.  A management area permit for a resident or
938	nonresident to hunt on, fish on, or otherwise use for outdoor
939	recreational purposes land owned, leased, or managed by the
940	commission, or by the state for the use and benefit of the
941	commission, shall not exceed $25 per year.
942	2.  Permit fees for short-term use of land that is owned,
943	leased, or managed by the commission may be established by rule
944	of the commission for activities on such lands. Such permits may
945	be in lieu of, or in addition to, the annual management area
946	permit authorized in subparagraph 1.
947	3.  Other than for hunting or fishing, the provisions of
948	this paragraph shall not apply on any lands not owned by the
949	commission, unless the commission has obtained the written
950	consent of the owner or primary custodian of such lands.
951	(h)(i)1.  A recreational user permit is required to hunt
952	on, fish on, or otherwise use for outdoor recreational purposes
953	land leased by the commission from private nongovernmental
954	owners, except for those lands located directly north of the
955	Apalachicola National Forest, east of the Ochlocknee River until
956	the point the river meets the dam forming Lake Talquin, and
957	south of the closest federal highway. The fee for a recreational
958	user permit shall be based upon the economic compensation
959	desired by the landowner, game population levels, desired hunter
960	density, and administrative costs. The permit fee shall be set
961	by commission rule on a per-acre basis. The recreational user
962	permit fee, less administrative costs of up to $25 per permit,
963	shall be remitted to the landowner as provided in the lease
964	agreement for each area.
965	2.  One minor dependent, 16 years of age or younger, may
966	hunt under the supervision of the permittee and is exempt from
967	the recreational user permit requirements. The spouse and
968	dependent children of a permittee are exempt from the
969	recreational user permit requirements when engaged in outdoor
970	recreational activities other than hunting and when accompanied
971	by a permittee. Notwithstanding any other provision of this
972	chapter, no other exclusions, exceptions, or exemptions from the
973	recreational user permit fee are authorized.
974	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
975	(a)  Lifetime hunting licenses are available to residents
976	only, as follows, for:
977	1.  Persons 4 years of age or younger, for a fee of $200.
978	2.  Persons 5 years of age or older, but under 13 years of
979	age, for a fee of $350.
980	3.  Persons 13 years of age or older, for a fee of $500.
981	(b)  The following activities are authorized by the
982	purchase of a lifetime hunting license:
983	1.  Taking, or attempting to take or possess, game
984	consistent with the state and federal laws and regulations and
985	rules of the commission in effect at the time of the taking.
986	2.  All activities authorized by a muzzle-loading gun
987	season permit, a crossbow season permit, a turkey permit, an
988	archery season permit, a Florida waterfowl permit, and a
989	management area permit, excluding fishing.
990	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
991	(a)  Lifetime sportsman's licenses are available to
992	residents only, as follows, for:
993	1.  Persons 4 years of age or younger, for a fee of $400.
994	2.  Persons 5 years of age or older, but under 13 years of
995	age, for a fee of $700.
996	3.  Persons 13 years of age or older, for a fee of $1,000.
997	(b)  The following activities are authorized by the
998	purchase of a lifetime sportsman's license:
999	1.  Taking, or attempting to take or possess, freshwater
1000	and saltwater fish, and game, consistent with the state and
1001	federal laws and regulations and rules of the commission in
1002	effect at the time of taking.
1003	2.  All activities authorized by a management area permit,
1004	a muzzle-loading gun season permit, a crossbow season permit, a
1005	turkey permit, an archery season permit, a Florida waterfowl
1006	permit, a snook permit, and a crawfish permit.
1007	(16)  PROHIBITED LICENSES OR PERMITS.--A person may not
1008	make, forge, or counterfeit a license or permit required under
1009	this section, except for those persons authorized by the
1010	commission to make or reproduce such a license or permit. A
1011	person may not knowingly possess a forgery, counterfeit, or
1012	unauthorized reproduction of such a license or permit. A person
1013	who violates this subsection commits a Level Four violation
1014	under s. 372.83.
1015	(17)  SUSPENDED OR REVOKED LICENSES.--A person may not take
1016	game, freshwater fish, saltwater fish, or fur-bearing animals
1017	within this state if a license issued to such person as required
1018	under this section or a privilege granted to such person under
1019	s. 372.562 is suspended or revoked. A person who violates this
1020	subsection commits a Level Three violation under s. 372.83.
1021	Section 15.  Subsection (5) of section 372.5704, Florida
1022	Statutes, is amended to read:
1023	372.5704  Fish and Wildlife Conservation Commission license
1024	program for tarpon; fees; penalties.--
1025	(5)  Any individual including a taxidermist who possesses a
1026	tarpon which does not have a tag securely attached as required
1027	by this section commits a Level Two violation under s. 372.83
1028	shall be subject to penalties as prescribed in s. 370.021.
1029	Provided, however, a taxidermist may remove the tag during the
1030	process of mounting a tarpon. The removed tag shall remain with
1031	the fish during any subsequent storage or shipment.
1032	Section 16.  Section 372.571, Florida Statutes, is amended
1033	to read:
1034	372.571  Expiration of licenses and permits.--Each license
1035	or permit issued under this chapter must be dated when issued.
1036	Each license or permit issued under this chapter remains valid
1037	for 12 months after the date of issuance, except for a lifetime
1038	license issued pursuant to s. 372.57 which is valid from the
1039	date of issuance until the death of the individual to whom the
1040	license is issued unless otherwise revoked in accordance with s.
1041	372.99, or a 5-year license issued pursuant to s. 372.57 which
1042	is valid for 5 consecutive years from the date of purchase
1043	unless otherwise revoked in accordance with s. 372.99, or a
1044	license issued pursuant to s. 372.57(5)(a), (b), (c), or (f) or
1045	(8)(f) (8)(g) or (g)2.(h)2., which is valid for the period
1046	specified on the license. A resident lifetime license or a
1047	resident 5-year license that has been purchased by a resident of
1048	this state and who subsequently resides in another state shall
1049	be honored for activities authorized by that license.
1050	Section 17.  Section 372.5717, Florida Statutes, is amended
1051	to read:
1052	372.5717  Hunter safety course; requirements; penalty.--
1053	(1)  This section may be cited as the Senator Joe Carlucci
1054	Hunter Safety Act.
1055	(2)(a)  Except as provided in paragraph (b), a person born
1056	on or after June 1, 1975, may not be issued a license to take
1057	wild animal life with the use of a firearm, gun, bow, or
1058	crossbow in this state without having first successfully
1059	completed a hunter safety course as provided in this section,
1060	and without having in his or her personal possession a hunter
1061	safety certification card, as provided in this section.
1062	(b)  A person born on or after June 1, 1975, who has not
1063	successfully completed a hunter safety course may apply to the
1064	commission for a special authorization to hunt under
1065	supervision. The special authorization for supervised hunting
1066	shall be designated on any license or permit required under this
1067	chapter for a person to take game or fur-bearing animals and
1068	shall be valid for not more than 1 year. A special authorization
1069	for supervised hunting may not be issued more than once to the
1070	person applying for such authorization. A person issued a
1071	license with a special authorization to hunt under supervision
1072	must hunt under the supervision of, and in the presence of, a
1073	person 21 years of age or older who is licensed to hunt under s.
1074	372.57 or who is exempt from licensing requirements or eligible
1075	for a free license under s. 372.562.
1076	(3)  The Fish and Wildlife Conservation Commission shall
1077	institute and coordinate a statewide hunter safety course that
1078	which must be offered in every county and consist of not less
1079	than 12 hours nor more than 16 hours of instruction including,
1080	but not limited to, instruction in the competent and safe
1081	handling of firearms, conservation, and hunting ethics.
1082	(4)  The commission shall issue a permanent hunter safety
1083	certification card to each person who successfully completes the
1084	hunter safety course. The commission shall maintain records of
1085	hunter safety certification cards issued and shall establish
1086	procedures for replacing lost or destroyed cards.
1087	(5)  A hunter safety certification card issued by a
1088	wildlife agency of another state, or any Canadian province,
1089	which shows that the holder of the card has successfully
1090	completed a hunter safety course approved by the commission is
1091	an acceptable substitute for the hunter safety certification
1092	card issued by the commission.
1093	(6)  All persons subject to the requirements of subsection
1094	(2) must have in their personal possession, proof of compliance
1095	with this section, while taking or attempting to take wildlife
1096	with the use of a firearm, gun, bow, or crossbow and must,
1097	unless the requirement to complete a hunter safety course is
1098	deferred under this section, display a valid hunter safety
1099	certification card to county tax collectors or their subagents
1100	in order to purchase a Florida hunting license. After the
1101	issuance of such a license, the license itself shall serve as
1102	proof of compliance with this section. A holder of a lifetime
1103	license whose license does not indicate on the face of the
1104	license that a hunter safety course has been completed must have
1105	in his or her personal possession a hunter safety certification
1106	card, as provided by this section, while attempting to take wild
1107	animal life with the use of a firearm, gun, bow, or crossbow.
1108	(7)  The hunter safety requirements of this section do not
1109	apply to persons for whom licenses are not required under s.
1110	372.562(2).
1111	(8)  A person who violates this section shall be cited for
1112	a Level One violation under s. 372.83 and shall be punished
1113	noncriminal infraction, punishable as provided in s. 372.83 s.
1114	372.711.
1115	Section 18.  Section 372.573, Florida Statutes, is amended
1116	to read:
1117	372.573  Management area permit revenues.--The commission
1118	shall expend the revenue generated from the sale of the
1119	management area permit as provided for in s. 372.57(8)(g) s.
1120	372.57(8)(h) or that pro rata portion of any license that
1121	includes management area privileges as provided for in s.
1122	372.57(4)(h), (i), and (j) for the lease, management, and
1123	protection of lands for public hunting, fishing, and other
1124	outdoor recreation.
1125	Section 19.  Section 372.83, Florida Statutes, is amended
1126	to read:
1127	(Substantial rewording of section. See
1128	s. 372.83, F.S., for present text.)
1129	372.83  Penalties and violations; civil penalties for
1130	noncriminal infractions; criminal penalties; suspension and
1131	forfeiture of licenses and permits.--
1132	(1)(a)  LEVEL ONE VIOLATIONS.--A person commits a Level One
1133	violation if he or she violates any of the following provisions:
1134	1.  Rules or orders of the commission relating to the
1135	filing of reports or other documents required to be filed by
1136	persons who hold recreational licenses and permits issued by the
1137	commission.
1138	2.  Rules or orders of the commission relating to quota
1139	hunt permits, daily use permits, hunting zone assignments,
1140	camping, alcoholic beverages, vehicles, and check stations
1141	within wildlife management areas or other areas managed by the
1142	commission.
1143	3.  Rules or orders of the commission relating to daily use
1144	permits, alcoholic beverages, swimming, possession of firearms,
1145	operation of vehicles, and watercraft speed within fish
1146	management areas managed by the commission.
1147	4.  Rules or orders of the commission relating to vessel
1148	size or specifying motor restrictions on specified water bodies.
1149	5.  Section 370.063, providing for special recreational
1150	crawfish licenses.
1151	6.  Subsections (1) through (15) of s. 372.57, providing
1152	for recreational licenses to hunt, fish, and trap.
1153	7.  Section 372.5717, providing hunter safety course
1154	requirements.
1155	8.  Section 372.988, prohibiting deer hunting unless
1156	required clothing is worn.
1157	(b)  A person who commits a Level One violation commits a
1158	noncriminal infraction and shall be cited to appear before the
1159	county court.
1160	(c)1.  The civil penalty for committing a Level One
1161	violation involving the license and permit requirements of s.
1162	372.57 is $50, plus the cost of the license or permit if the
1163	person cited has not previously committed a Level One violation.
1164	2.  The civil penalty for committing a Level One violation
1165	involving the license and permit requirements of s. 372.57 is
1166	$250, plus the cost of the license or permit if the person cited
1167	has previously committed a Level One violation.
1168	(d)1.  The civil penalty for any other Level One violation
1169	is $50 if the person cited has not previously committed a Level
1170	One violation.
1171	2.  The civil penalty for any other Level One violation is
1172	$250 if the person cited has previously committed a Level One
1173	violation.
1174	(e)  A person cited for a Level One violation shall sign
1175	and accept a citation to appear before the county court. The
1176	issuing officer may indicate on the citation the time and
1177	location of the scheduled hearing and shall indicate the
1178	applicable civil penalty.
1179	(f)  A person cited for a Level One violation may pay the
1180	civil penalty by mail or in person within 30 days after receipt
1181	of the citation. If the civil penalty is paid, the person shall
1182	be deemed to have admitted committing the Level One violation
1183	and to have waived his or her right to a hearing before the
1184	county court. Such admission may not be used as evidence in any
1185	other proceedings except to determine the appropriate fine for
1186	any subsequent violations.
1187	(g)  A person who refuses to accept a citation, who fails
1188	to pay the civil penalty for a Level One violation, or who fails
1189	to appear before a county court as required commits a
1190	misdemeanor of the second degree, punishable as provided in s.
1191	775.082 or s. 775.083.
1192	(h)  A person who elects to appear before the county court
1193	or who is required to appear before the county court shall be
1194	deemed to have waived the limitations on civil penalties
1195	provided under paragraph (c). After a hearing, the county court
1196	shall determine if a Level One violation has been committed and,
1197	if so, may impose a civil penalty of not less than $50 for a
1198	first-time violation and not more than $500 for subsequent
1199	violations. A person found guilty of committing a Level One
1200	violation may appeal that finding to the circuit court. The
1201	commission of a violation must be proved beyond a reasonable
1202	doubt.
1203	(i)  A person cited for violating the requirements of s.
1204	372.57 relating to personal possession of a license or permit
1205	may not be convicted if, prior to or at the time of a county
1206	court hearing, the person produces the required license or
1207	permit for verification by the hearing officer or the court
1208	clerk. The license or permit must have been valid at the time
1209	the person was cited. The clerk or hearing officer may assess a
1210	$5 fee for costs under this paragraph.
1211	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1212	violation if he or she violates any of the following provisions:
1213	1.  Rules or orders of the commission relating to season or
1214	time periods for the taking of wildlife, freshwater fish, or
1215	saltwater fish.
1216	2.  Rules or orders of the commission establishing bag,
1217	possession, or size limits or restricting methods of taking
1218	wildlife, freshwater fish, or saltwater fish.
1219	3.  Rules or orders of the commission prohibiting access or
1220	otherwise relating to access to wildlife management areas or
1221	other areas managed by the commission.
1222	4.  Rules or orders of the commission relating to the
1223	feeding of wildlife, freshwater fish, or saltwater fish.
1224	5.  Rules or orders of the commission relating to landing
1225	requirements for freshwater fish or saltwater fish.
1226	6.  Rules or orders of the commission relating to
1227	restricted hunting areas, critical wildlife areas, or bird
1228	sanctuaries.
1229	7.  Rules or orders of the commission relating to tagging
1230	requirements for game and fur-bearing animals.
1231	8.  Rules or orders of the commission relating to the use
1232	of dogs for the taking of game.
1233	9.  Rules or orders of the commission which are not
1234	otherwise classified.
1235	10.  All prohibitions in chapter 370 which are not
1236	otherwise classified.
1237	11.  Subsection 370.021(6), prohibiting the sale, purchase,
1238	harvest, or attempted harvest of any saltwater product with
1239	intent to sell.
1240	12.  Section 370.028, prohibiting the violation of or
1241	noncompliance with commission rules.
1242	13.  Section 370.08, prohibiting the obstruction of
1243	waterways with net gear.
1244	14.  Section 370.1105, prohibiting the unlawful use of
1245	finfish traps.
1246	15.  Section 370.1121, prohibiting the unlawful taking of
1247	bonefish.
1248	16.  Paragraphs 370.13(2)(a) and (b), prohibiting the
1249	possession or use of stone crab traps without trap tags and
1250	theft of trap contents or gear.
1251	17.  Paragraph 370.135(1)(c), prohibiting the theft of blue
1252	crab trap contents or trap gear.
1253	18.  Paragraph 370.142(2)(c), prohibiting the possession or
1254	use of spiny lobster traps without trap tags or certificates and
1255	theft of trap contents or trap gear.
1256	19.  Section 372.5704, prohibiting the possession of tarpon
1257	without purchasing a tarpon tag.
1258	20.  Section 372.667, prohibiting the feeding or enticement
1259	of alligators or crocodiles.
1260	21.  Section 372.705, prohibiting the intentional
1261	harassment of hunters, fishers, or trappers.
1262	(b)1.  A person who commits a Level Two violation but who
1263	has not been convicted of a Level Two or higher violation within
1264	the past 3 years commits a misdemeanor of the second degree,
1265	punishable as provided in s. 775.082 or s. 775.083.
1266	2.  Unless the stricter penalties in subparagraph 3. or
1267	subparagraph 4. apply, a person who commits a Level Two
1268	violation within 3 years after a previous conviction for a Level
1269	Two or higher violation commits a misdemeanor of the first
1270	degree, punishable as provided in s. 775.082 or s. 775.083, with
1271	a minimum mandatory fine of $250.
1272	3.  Unless the stricter penalties in subparagraph 4. apply,
1273	a person who commits a Level Two violation within 5 years after
1274	two previous convictions for a Level Two or higher violation
1275	commits a misdemeanor of the first degree, punishable as
1276	provided in s. 775.082 or s. 775.083, with a minimum mandatory
1277	fine of $500 and a suspension of any recreational license or
1278	permit issued under s. 372.57 for 1 year. Such suspension shall
1279	include the suspension of the privilege to obtain such license
1280	or permit and the suspension of the ability to exercise any
1281	privilege granted under any exemption in s. 372.562.
1282	4.  A person who commits a Level Two violation within 10
1283	years after three previous convictions for a Level Two or higher
1284	violation commits a misdemeanor of the first degree, punishable
1285	as provided in s. 775.082 or s. 775.083, with a minimum
1286	mandatory fine of $750 and a suspension of any recreational
1287	license or permit issued under s. 372.57 for 3 years. Such
1288	suspension shall include the suspension of the privilege to
1289	obtain such license or permit and the suspension of the ability
1290	to exercise any privilege granted under any exemption in s.
1291	372.562.
1292	(3)(a)  LEVEL THREE VIOLATIONS.--A person commits a Level
1293	Three violation if he or she violates any of the following
1294	provisions:
1295	1.  Rules or orders of the commission prohibiting the sale
1296	of saltwater fish.
1297	2.  Subsection 370.021(2), establishing major violations.
1298	3.  Subsection 370.021(4), prohibiting the possession of
1299	certain finfish in excess of recreational or commercial daily
1300	bag limits.
1301	4.  Section 370.081, prohibiting the illegal importation or
1302	possession of exotic marine plants or animals.
1303	5.  Section 372.26, prohibiting the importation of
1304	freshwater fish.
1305	6.  Section 372.265, prohibiting the importation of
1306	nonindigenous species of the animal kingdom without a permit
1307	issued by the commission.
1308	7.  Subsection 372.57(17), prohibiting the taking of game,
1309	freshwater fish, saltwater fish, or fur-bearing animals while a
1310	required license is suspended or revoked.
1311	8.  Section 372.662, prohibiting the illegal sale or
1312	possession of alligators.
1313	9.  Subsections 372.99(1), (3), and (6), prohibiting the
1314	illegal taking and possession of deer and wild turkey.
1315	10.  Section 372.9903, prohibiting the possession and
1316	transportation of commercial quantities of freshwater game fish.
1317	(b)1.  A person who commits a Level Three violation but who
1318	has not been convicted of a Level Three or higher violation
1319	within the past 10 years commits a misdemeanor of the first
1320	degree, punishable as provided in s. 775.082 or s. 775.083.
1321	2.  A person who commits a Level Three violation within 10
1322	years after a previous conviction for a Level Three or higher
1323	violation commits a misdemeanor of the first degree, punishable
1324	as provided in s. 775.082 or s. 775.083, with a minimum
1325	mandatory fine of $750 and a suspension of any recreational
1326	license or permit issued under s. 372.57 for the remainder of
1327	the period for which the license or permit was issued up to 3
1328	years. If the recreational license or permit being suspended was
1329	an annual license or permit, any privileges under s. 372.57 may
1330	not be acquired for a 3-year period following the date of the
1331	violation.
1332	3.  A person who commits a violation of s. 372.57(17) shall
1333	receive a mandatory fine of $1,000. Any privileges under s.
1334	372.57 may not be acquired for a 5-year period following the
1335	date of the violation.
1336	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1337	Four violation if he or she violates any of the following
1338	provisions:
1339	1.  Paragraph 370.13(2)(c), prohibiting the willful
1340	molestation of stone crab gear; the illegal trade, sale, or
1341	supply of stone crab trap tags or certificates; the unlawful
1342	reproduction or possession of stone crab trap tags or
1343	certificates; or the unlawful harvest of stone crabs.
1344	2.  Section 370.135, prohibiting the willful molestation of
1345	blue crab gear.
1346	3.  Subsection 370.14(4), prohibiting the willful
1347	molestation of crawfish gear.
1348	4.  Subparagraph 370.142(2)(c)5., prohibiting the unlawful
1349	reproduction of spiny lobster trap tags or certificates.
1350	5.  Subsection 372.57(16), prohibiting the making, forging,
1351	counterfeiting, or reproduction of a recreational license or
1352	possession of same without authorization from the commission.
1353	6.  Subsection 372.99(5), prohibiting the sale of illegally
1354	taken deer or wild turkey.
1355	7.  Section 372.99022, prohibiting the molestation or theft
1356	of freshwater fishing gear.
1357	(b)  A person who commits a Level Four violation commits a
1358	felony of the third degree, punishable as provided in s. 775.082
1359	or s. 775.083.
1360	(5)  VIOLATIONS OF CHAPTER.--Except as provided in this
1361	chapter:
1362	(a)  A person who commits a violation of any provision of
1363	this chapter commits, for the first offense, a misdemeanor of
1364	the second degree, punishable as provided in s. 775.082 or s.
1365	775.083.
1366	(b)  A person who is convicted of a second or subsequent
1367	violation of any provision of this chapter commits a misdemeanor
1368	of the first degree, punishable as provided in s. 775.082 or s.
1369	775.083.
1370	(6)  SUSPENSION OR FORFEITURE OF LICENSE.--The court may
1371	order the suspension or forfeiture of any license or permit
1372	issued under this chapter to a person who is found guilty of
1373	committing a violation of this chapter.
1374	(7)  CONVICTION DEFINED.--As used in this section, the term
1375	"conviction" means any judicial disposition other than acquittal
1376	or dismissal.
1377	Section 20.  Section 372.935, Florida Statutes, is created
1378	to read:
1379	372.935  Captive wildlife penalties.--
1380	(1)  LEVEL ONE.--Unless otherwise provided by law, the
1381	following classifications and penalties apply:
1382	(a)  A person commits a Level One violation if she or he
1383	violates any of the following provisions:
1384	1.  Rules or orders of the commission requiring free
1385	permits or other authorizations to possess captive wildlife.
1386	2.  Rules or orders of the commission relating to the
1387	filing of reports or other documents required of persons who are
1388	licensed to possess captive wildlife.
1389	3.  Rules or orders of the commission requiring permits to
1390	possess captive wildlife that a fee is charged for, when the
1391	person being charged was issued the permit and the permit has
1392	expired less than 1 year prior to the violation.
1393	(b)  Any person cited for committing any offense classified
1394	as a Level One violation commits a noncriminal infraction,
1395	punishable as provided in this section.
1396	(c)  Any person cited for committing a noncriminal
1397	infraction specified in paragraph (a) shall be cited to appear
1398	before the county court. The civil penalty for any noncriminal
1399	infraction is $50 if the person cited has not previously been
1400	found guilty of a Level One violation and $250 if the person
1401	cited has previously been found guilty of a Level One violation,
1402	except as otherwise provided in this subsection. Any person
1403	cited for failing to have a required permit or license shall pay
1404	an additional civil penalty in the amount of the license fee
1405	required.
1406	(d)  Any person cited for an infraction under this
1407	subsection may:
1408	1.  Post a bond, which shall be equal in amount to the
1409	applicable civil penalty; or
1410	2.  Sign and accept a citation indicating a promise to
1411	appear before the county court. The officer may indicate on the
1412	citation the time and location of the scheduled hearing and
1413	shall indicate the applicable civil penalty.
1414	(e)  Any person charged with a noncriminal infraction under
1415	this subsection may:
1416	1.  Pay the civil penalty, either by mail or in person,
1417	within 30 days after the date of receiving the citation; or
1418	2.  If the person has posted bond, forfeit bond by not
1419	appearing at the designated time and location.
1420	(f)  If the person cited follows either of the procedures
1421	in subparagraph (e)1. or subparagraph (e)2., he or she shall be
1422	deemed to have admitted the infraction and to have waived his or
1423	her right to a hearing on the issue of commission of the
1424	infraction. Such admission shall not be used as evidence in any
1425	other proceedings except to determine the appropriate fine for
1426	any subsequent violations.
1427	(g)  Any person who willfully refuses to post bond or
1428	accept and sign a summons is guilty of a misdemeanor of the
1429	second degree, punishable as provided in s. 775.082 or s.
1430	775.083. Any person who fails to pay the civil penalty specified
1431	in this subsection within 30 days after being cited for a
1432	noncriminal infraction or to appear before the court pursuant to
1433	this subsection is guilty of a misdemeanor of the second degree,
1434	punishable as provided in s. 775.082 or s. 775.083.
1435	(h)  Any person electing to appear before the county court
1436	or who is required to appear shall be deemed to have waived the
1437	limitations on the civil penalty specified in paragraph (c). The
1438	court, after a hearing, shall make a determination as to whether
1439	an infraction has been committed. If the commission of an
1440	infraction has been proven, the court may impose a civil penalty
1441	not less than those amounts in paragraph (c) and not to exceed
1442	$500.
1443	(i)  At a hearing under this chapter, the commission of a
1444	charged infraction must be proved beyond a reasonable doubt.
1445	(j)  If a person is found by the hearing official to have
1446	committed an infraction, she or he may appeal that finding to
1447	the circuit court.
1448	(2)  LEVEL TWO.--Unless otherwise provided by law, the
1449	following classifications and penalties apply:
1450	(a)  A person commits a Level Two violation if he or she
1451	violates any of the following provisions:
1452	1.  Unless otherwise stated in subsection (1), rules or
1453	orders of the commission that require a person to pay a fee to
1454	obtain a permit to possess captive wildlife or that require the
1455	maintenance of records relating to captive wildlife.
1456	2.  Rules or orders of the commission relating to captive
1457	wildlife not specified in subsections (1) or (3).
1458	3.  Rules or orders of the commission that require housing
1459	of wildlife in a safe manner when a violation results in an
1460	escape of wildlife other than Class I wildlife.
1461	4.  Section 372.86, relating to possessing or exhibiting
1462	reptiles.
1463	5.  Section 372.87, relating to licensing of reptiles.
1464	6.  Section 372.88, relating to bonding requirements for
1465	exhibits.
1466	7.  Section 372.89, relating to housing requirements.
1467	8.  Section 372.90, relating to transportation.
1468	9.  Section 372.901, relating to inspection.
1469	10.  Section 372.91, relating to limitation of access to
1470	reptiles.
1471	11.  Section 372.921, relating to exhibition or sale of
1472	wildlife.
1473	12.  Section 372.922, relating to personal possession of
1474	wildlife.
1475	(b)  A person who commits any offense classified as a Level
1476	Two violation, who has not been convicted of a violation that is
1477	classified as a Level Two or above within the past 3 years, is
1478	guilty of a misdemeanor of the second degree, punishable as
1479	provided in s. 775.082 or s. 775.083.
1480	(c)  Unless otherwise stated in this paragraph, a person
1481	who commits any offense classified as a Level Two violation
1482	within a 3-year period of any previous conviction of any offense
1483	classified as a Level Two violation or higher is guilty of a
1484	misdemeanor of the first degree, punishable as provided in s.
1485	775.082 or s. 775.083 with a minimum mandatory fine of $250.
1486	(d)  Unless otherwise stated in this paragraph, a person
1487	who commits any offense classified as a Level Two violation
1488	within a 5-year period of any two previous convictions of
1489	offenses that are classified as Level Two violations or above is
1490	guilty of a misdemeanor of the first degree, punishable as
1491	provided in s. 775.082 or s. 775.083 with a minimum mandatory
1492	fine of $500 and a suspension of all licenses issued under this
1493	chapter related to captive wildlife for 1 year.
1494	(e)  A person who commits any offense classified as a Level
1495	Two violation within a 10-year period of any three previous
1496	convictions of offenses classified as Level Two violations or
1497	above is guilty of a misdemeanor of the first degree, punishable
1498	as provided in s. 775.082 or s. 775.083 with a minimum mandatory
1499	fine of $750 and a suspension of all licenses issued under this
1500	chapter related to captive wildlife for 3 years.
1501	(3)  LEVEL THREE.--Unless otherwise provided by law, the
1502	following classifications and penalties apply.
1503	(a)  A person is guilty of a Level Three violation if he or
1504	she violates any of the following provisions:
1505	1.  Rules or orders of the commission that require housing
1506	of wildlife in a safe manner when a violation results in an
1507	escape of Class I wildlife.
1508	2.  Rules or orders of the commission related to captive
1509	wildlife when the violation results in serious bodily injury to
1510	another person by captive wildlife which consists of a physical
1511	condition that creates a substantial risk of death, serious
1512	personal disfigurement, or protracted loss or impairment of the
1513	function of any bodily member or organ.
1514	3.  Rules or orders of the commission relating to the use
1515	of gasoline or other chemical or gaseous substances on wildlife.
1516	4.  Rules or orders of the commission prohibiting the
1517	release of wildlife for which only conditional possession is
1518	allowed.
1519	5.  Rules or orders of the commission prohibiting knowingly
1520	entering false information on an application for a license or
1521	permit when the license or permit is to possess wildlife in
1522	captivity.
1523	6.  Section 372.265, relating to illegal importation or
1524	introduction of foreign wildlife.
1525	(b)1.  A person who commits any offense classified as a
1526	Level Three violation, who has not been convicted of a violation
1527	that is classified as a Level Three or above within the past 10
1528	years, is guilty of a misdemeanor of the first degree,
1529	punishable as provided in s. 775.082 or s. 775.083.
1530	2.  A person who commits any offense classified as a Level
1531	Three violation within a 10-year period of any previous
1532	conviction of any offense classified as a Level Three violation
1533	or above is guilty of a misdemeanor of the first degree,
1534	punishable as provided in s. 775.082 or s. 775.083 with a
1535	minimum mandatory fine of $750 and a suspension of all licenses
1536	issued under this chapter relating to captive wildlife for 3
1537	years.
1538	(4)  LEVEL FOUR.--Unless otherwise provided by law, the
1539	following classifications and penalties apply.
1540	(a)  A person is guilty of a Level Four violation if he or
1541	she violates any of the following provisions:
1542	1.  Section 370.081, relating to the illegal importation
1543	and possession of nonindigenous marine plants and animals.
1544	2.  Section 372.92, relating to release of reptiles of
1545	concern.
1546	3.  Rules or orders of the commission relating to the
1547	importation, possession, or release of fish and wildlife for
1548	which possession is prohibited.
1549	(b)  A person who commits any offense classified as a Level
1550	Four violation is guilty of a felony of the third degree,
1551	punishable as provided in s. 775.082 or s. 775.083 with a
1552	permanent revocation of all licenses or permits to possess
1553	captive wildlife issued under this chapter.
1554	(5)  VIOLATIONS OF SECTION.--Unless otherwise provided in
1555	this chapter, a person who violates any provision of this
1556	section is guilty, for the first offense, of a misdemeanor of
1557	the second degree, punishable as provided in s. 775.082 or s.
1558	775.083, and is guilty, for the second offense or any subsequent
1559	offense, of a misdemeanor of the first degree, punishable as
1560	provided in s. 775.082 or s. 775.083.
1561	(6)  SUSPENSION OR REVOCATION OF LICENSE.--The court may
1562	order the suspension or revocation of any license or permit
1563	issued to a person to possess captive wildlife pursuant to this
1564	chapter if that person commits a criminal offense or a
1565	noncriminal infraction as specified under this section.
1566	(7)  CONVICTION DEFINED.--For purposes of this section,
1567	conviction means any judicial disposition other than acquittal
1568	or dismissal.
1569	(8)  COMMISSION LIMITATIONS.--Nothing herein shall limit
1570	the commission from suspending or revoking any license to
1571	possess wildlife in captivity by administrative action in
1572	accordance with chapter 120. For purposes of administrative
1573	action, a conviction of a criminal offense shall mean any
1574	judicial disposition other than acquittal or dismissal.
1575	Section 21.  Section 372.26, Florida Statutes, is amended
1576	to read:
1577	372.26  Imported fish.--
1578	(1)  No person shall import into the state or place in any
1579	of the fresh waters of the state any freshwater fish of any
1580	species without having first obtained a permit from the Fish and
1581	Wildlife Conservation Commission. The commission is authorized
1582	to issue or deny such a permit upon the completion of studies of
1583	the species made by it to determine any detrimental effect the
1584	species might have on the ecology of the state.
1585	(2)  A person who violates this section commits a Level
1586	Three violation under s. 372.83 Persons in violation of this
1587	section shall be guilty of a misdemeanor of the first degree,
1588	punishable as provided in s. 775.082 or s. 775.083.
1589	Section 22.  Section 372.265, Florida Statutes, is amended
1590	to read:
1591	372.265  Regulation of foreign animals.--
1592	(1)  It is unlawful to import for sale or use, or to
1593	release within this state, any species of the animal kingdom not
1594	indigenous to Florida without having obtained a permit to do so
1595	from the Fish and Wildlife Conservation Commission.
1596	(2)  The Fish and Wildlife Conservation Commission is
1597	authorized to issue or deny such a permit upon the completion of
1598	studies of the species made by it to determine any detrimental
1599	effect the species might have on the ecology of the state.
1600	(3)  A person Persons in violation of this section commits
1601	a Level Three violation under s. 372.83 shall be guilty of a
1602	misdemeanor of the first degree, punishable as provided in s.
1603	775.082 or s. 775.083.
1604	Section 23.  Subsection (2) of section 372.661, Florida
1605	Statutes, is amended to read:
1606	372.661  Private hunting preserve license fees;
1607	exception.--
1608	(2)  A commercial hunting preserve license, which shall
1609	exempt patrons of licensed preserves from the license and permit
1610	requirements of s. 372.57(4)(c), (d), (f), (h), (i), and (j);
1611	(5)(f) and (g); (8)(a), (b), and (e), and (f); (9)(a)2.; (11);
1612	and (12) while hunting on the licensed preserve property, shall
1613	be $500. Such commercial hunting preserve license shall be
1614	available only to those private hunting preserves licensed
1615	pursuant to this section which are operated exclusively for
1616	commercial purposes, which are open to the public, and for which
1617	a uniform fee is charged to patrons for hunting privileges.
1618	Section 24.  Section 372.662, Florida Statutes, is amended
1619	to read:
1620	372.662  Unlawful sale, possession, or transporting of
1621	alligators or alligator skins.--Whenever the sale, possession,
1622	or transporting of alligators or alligator skins is prohibited
1623	by any law of this state, or by the rules, regulations, or
1624	orders of the Fish and Wildlife Conservation Commission adopted
1625	pursuant to s. 9, Art. IV of the State Constitution, the sale,
1626	possession, or transporting of alligators or alligator skins is
1627	a Level Three violation under s. 372.83 misdemeanor of the first
1628	degree, punishable as provided in s. 775.082 or s. 775.083.
1629	Section 25.  Section 372.667, Florida Statutes, is amended
1630	to read:
1631	372.667  Feeding or enticement of alligators or crocodiles
1632	unlawful; penalty.--
1633	(1)  No person shall intentionally feed, or entice with
1634	feed, any wild American alligator (Alligator mississippiensis)
1635	or American crocodile (Crocodylus acutus). However, the
1636	provisions of this section shall not apply to:
1637	(a)  Those persons feeding alligators or crocodiles
1638	maintained in protected captivity for educational, scientific,
1639	commercial, or recreational purposes.
1640	(b)  Fish and Wildlife Conservation Commission personnel,
1641	persons licensed or otherwise authorized by the commission, or
1642	county or municipal animal control personnel when relocating
1643	alligators or crocodiles by baiting or enticement.
1644	(2)  For the purposes of this section, the term "maintained
1645	in protected captivity" means held in captivity under a permit
1646	issued by the Fish and Wildlife Conservation Commission pursuant
1647	to s. 372.921 or s. 372.922.
1648	(3)  Any person who violates this section commits a Level
1649	Two violation under s. 372.83 is guilty of a misdemeanor of the
1650	second degree, punishable as provided in s. 775.082 or s.
1651	775.083.
1652	Section 26.  Section 372.705, Florida Statutes, is amended
1653	to read:
1654	372.705  Harassment of hunters, trappers, or fishers.--
1655	(1)  A person may not intentionally, within a publicly or
1656	privately owned wildlife management or fish management area or
1657	on any state-owned water body:
1658	(a)  Interfere with or attempt to prevent the lawful taking
1659	of fish, game, or nongame animals by another.
1660	(b)  Attempt to disturb fish, game, or nongame animals or
1661	attempt to affect their behavior with the intent to prevent
1662	their lawful taking by another.
1663	(2)  Any person who violates this section commits a Level
1664	Two violation under s. 372.83 subsection (1) is guilty of a
1665	misdemeanor of the second degree, punishable as provided in s.
1666	775.082 or s. 775.083.
1667	Section 27.  Section 372.988, Florida Statutes, is amended
1668	to read:
1669	372.988  Required clothing for persons hunting deer.--It is
1670	a Level One violation under s. 372.83 unlawful for any person to
1671	hunt deer, or for any person to accompany another person hunting
1672	deer, during the open season for the taking of deer on public
1673	lands unless each person shall wear a total of at least 500
1674	square inches of daylight fluorescent orange material as an
1675	outer garment. Such clothing shall be worn above the waistline
1676	and may include a head covering. The provisions of this section
1677	shall not apply to any person hunting deer with a bow and arrow
1678	during seasons restricted to hunting with a bow and arrow.
1679	Section 28.  Subsection (1) of section 372.99022, Florida
1680	Statutes, is amended to read:
1681	372.99022  Illegal molestation of or theft from freshwater
1682	fishing gear.--
1683	(1)(a)  Any person, firm, or corporation that willfully
1684	molests any authorized and lawfully permitted freshwater fishing
1685	gear belonging to another without the express written consent of
1686	the owner commits a Level Four violation under s. 372.83 felony
1687	of the third degree, punishable as provided in s. 775.082, s.
1688	775.083, or s. 775.084. Any written consent must be available
1689	for immediate inspection.
1690	(b)  Any person, firm, or corporation that willfully
1691	removes the contents of any authorized and lawfully permitted
1692	freshwater fishing gear belonging to another without the express
1693	written consent of the owner commits a Level Four violation
1694	under s. 372.83 felony of the third degree, punishable as
1695	provided in s. 775.082, s. 775.083, or s. 775.084. Any written
1696	consent must be available for immediate inspection.
1697
1698	A person, firm, or corporation that receives a citation for a
1699	violation of this subsection is prohibited, immediately upon
1700	receipt of such citation and until adjudicated or convicted of a
1701	felony under this subsection, from transferring any
1702	endorsements.
1703	Section 29.  Section 372.99, Florida Statutes, is amended
1704	to read:
1705	372.99  Illegal taking and possession of deer and wild
1706	turkey; evidence; penalty.--
1707	(1)  Whoever takes or kills any deer or wild turkey, or
1708	possesses a freshly killed deer or wild turkey, during the
1709	closed season prescribed by law or by the rules and regulations
1710	of the Fish and Wildlife Conservation Commission, or whoever
1711	takes or attempts to take any deer or wild turkey by the use of
1712	gun and light in or out of closed season, commits a Level Three
1713	violation under s. 372.83 is guilty of a misdemeanor of the
1714	first degree, punishable as provided in s. 775.082 or s.
1715	775.083, and shall forfeit any license or permit issued to her
1716	or him under the provisions of this chapter. No license shall be
1717	issued to such person for a period of 3 years following any such
1718	violation on the first offense. Any person guilty of a second or
1719	subsequent violation shall be permanently ineligible for
1720	issuance of a license or permit thereafter.
1721	(2)  The display or use of a light in a place where deer
1722	might be found and in a manner capable of disclosing the
1723	presence of deer, together with the possession of firearms or
1724	other weapons customarily used for the taking of deer, between 1
1725	hour after sunset and 1 hour before sunrise, shall be prima
1726	facie evidence of an intent to violate the provisions of
1727	subsection (1). This subsection does not apply to an owner or
1728	her or his employee when patrolling or inspecting the land of
1729	the owner, provided the employee has satisfactory proof of
1730	employment on her or his person.
1731	(3)  Whoever takes or kills any doe deer; fawn or baby
1732	deer; or deer, whether male or female, which does not have one
1733	or more antlers at least 5 inches in length, except as provided
1734	by law or the rules of the Fish and Wildlife Conservation
1735	Commission, during the open season prescribed by the rules of
1736	the commission, commits a Level Three violation under s. 372.83
1737	is guilty of a misdemeanor of the first degree, punishable as
1738	provided in s. 775.082 or s. 775.083, and may be required to
1739	forfeit any license or permit issued to such person for a period
1740	of 3 years following any such violation on the first offense.
1741	Any person guilty of a second or subsequent violation shall be
1742	permanently ineligible for issuance of a license or permit
1743	thereafter.
1744	(4)  Any person who cultivates agricultural crops may apply
1745	to the Fish and Wildlife Conservation Commission for a permit to
1746	take or kill deer on land which that person is currently
1747	cultivating. When said person can show, to the satisfaction of
1748	the Fish and Wildlife Conservation Commission, that such taking
1749	or killing of deer is justified because of damage to the
1750	person's crops caused by deer, the Fish and Wildlife
1751	Conservation Commission may issue a limited permit to the
1752	applicant to take or kill deer without being in violation of
1753	subsection (1) or subsection (3).
1754	(5)  Whoever possesses for sale or sells deer or wild
1755	turkey taken in violation of this chapter or the rules and
1756	regulations of the commission commits a Level Four violation
1757	under s. 372.83 is guilty of a felony of the third degree,
1758	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1759	(6)  Any person who enters upon private property and shines
1760	lights upon such property, without the express permission of the
1761	owner of the property and with the intent to take deer by
1762	utilizing such shining lights, commits a Level Three violation
1763	under s. 372.83 shall be guilty of a misdemeanor of the second
1764	degree, punishable as provided in s. 775.082 or s. 775.083.
1765	Section 30.  Subsection (1) of section 372.9903, Florida
1766	Statutes, is amended to read:
1767	372.9903  Illegal possession or transportation of
1768	freshwater game fish in commercial quantities; penalty.--
1769	(1)  Whoever possesses, moves, or transports any black
1770	bass, bream, speckled perch, or other freshwater game fish in
1771	commercial quantities in violation of law or the rules of the
1772	Fish and Wildlife Conservation Commission commits a Level Three
1773	violation under s. 372.83 shall be guilty of a misdemeanor of
1774	the first degree, punishable as provided in s. 775.082 or s.
1775	775.083.
1776	Section 31.  Section 372.831, Florida Statutes, is created
1777	to read:
1778	372.831  Wildlife Violators Compact.--The Wildlife
1779	Violators Compact is created and entered into with all other
1780	jurisdictions legally joining therein in the form substantially
1781	as follows:
1782
1783	ARTICLE I
1784	Findings and Purpose
1785
1786	(1)  The participating states find that:
1787	(a)  Wildlife resources are managed in trust by the
1788	respective states for the benefit of all residents and visitors.
1789	(b)  The protection of the wildlife resources of a state is
1790	materially affected by the degree of compliance with state
1791	statutes, laws, regulations, ordinances, and administrative
1792	rules relating to the management of such resources.
1793	(c)  The preservation, protection, management, and
1794	restoration of wildlife contributes immeasurably to the
1795	aesthetic, recreational, and economic aspects of such natural
1796	resources.
1797	(d)  Wildlife resources are valuable without regard to
1798	political boundaries; therefore, every person should be required
1799	to comply with wildlife preservation, protection, management,
1800	and restoration laws, ordinances, and administrative rules and
1801	regulations of the participating states as a condition precedent
1802	to the continuance or issuance of any license to hunt, fish,
1803	trap, or possess wildlife.
1804	(e)  Violation of wildlife laws interferes with the
1805	management of wildlife resources and may endanger the safety of
1806	persons and property.
1807	(f)  The mobility of many wildlife law violators
1808	necessitates the maintenance of channels of communication among
1809	the various states.
1810	(g)  In most instances, a person who is cited for a
1811	wildlife violation in a state other than his or her home state
1812	is:
1813	1.  Required to post collateral or a bond to secure
1814	appearance for a trial at a later date;
1815	2.  Taken into custody until the collateral or bond is
1816	posted; or
1817	3.  Taken directly to court for an immediate appearance.
1818	(h)  The purpose of the enforcement practices set forth in
1819	paragraph (g) is to ensure compliance with the terms of a
1820	wildlife citation by the cited person who, if permitted to
1821	continue on his or her way after receiving the citation, could
1822	return to his or her home state and disregard his or her duty
1823	under the terms of the citation.
1824	(i)  In most instances, a person receiving a wildlife
1825	citation in his or her home state is permitted to accept the
1826	citation from the officer at the scene of the violation and
1827	immediately continue on his or her way after agreeing or being
1828	instructed to comply with the terms of the citation.
1829	(j)  The enforcement practices described in paragraph (g)
1830	cause unnecessary inconvenience and, at times, a hardship for
1831	the person who is unable at the time to post collateral, furnish
1832	a bond, stand trial, or pay a fine, and thus is compelled to
1833	remain in custody until some alternative arrangement is made.
1834	(k)  The enforcement practices described in paragraph (g)
1835	consume an undue amount of time of law enforcement agencies.
1836	(2)  It is the policy of the participating states to:
1837	(a)  Promote compliance with the statutes, laws,
1838	ordinances, regulations, and administrative rules relating to
1839	the management of wildlife resources in their respective states.
1840	(b)  Recognize a suspension of the wildlife license
1841	privileges of any person whose license privileges have been
1842	suspended by a participating state and treat such suspension as
1843	if it had occurred in each respective state.
1844	(c)  Allow a violator, except as provided in subsection (2)
1845	of Article III, to accept a wildlife citation and, without
1846	delay, proceed on his or her way, whether or not the violator is
1847	a resident of the state in which the citation was issued, if the
1848	violator's home state is party to this compact.
1849	(d)  Report to the appropriate participating state, as
1850	provided in the compact manual, any conviction recorded against
1851	any person whose home state was not the issuing state.
1852	(e)  Allow the home state to recognize and treat
1853	convictions recorded against its residents, which convictions
1854	occurred in a participating state, as though they had occurred
1855	in the home state.
1856	(f)  Extend cooperation to its fullest extent among the
1857	participating states for enforcing compliance with the terms of
1858	a wildlife citation issued in one participating state to a
1859	resident of another participating state.
1860	(g)  Maximize the effective use of law enforcement
1861	personnel and information.
1862	(h)  Assist court systems in the efficient disposition of
1863	wildlife violations.
1864	(3)  The purpose of this compact is to:
1865	(a)  Provide a means through which participating states may
1866	join in a reciprocal program to effectuate the policies
1867	enumerated in subsection (2) in a uniform and orderly manner.
1868	(b)  Provide for the fair and impartial treatment of
1869	wildlife violators operating within participating states in
1870	recognition of the violator's right to due process and the
1871	sovereign status of a participating state.
1872
1873	ARTICLE II
1874	Definitions
1875
1876	As used in this compact, the term:
1877	(1)  "Citation" means any summons, complaint, summons and
1878	complaint, ticket, penalty assessment, or other official
1879	document issued to a person by a wildlife officer or other peace
1880	officer for a wildlife violation which contains an order
1881	requiring the person to respond.
1882	(2)  "Collateral" means any cash or other security
1883	deposited to secure an appearance for trial in connection with
1884	the issuance by a wildlife officer or other peace officer of a
1885	citation for a wildlife violation.
1886	(3)  "Compliance" with respect to a citation means the act
1887	of answering a citation through an appearance in a court or
1888	tribunal, or through the payment of fines, costs, and
1889	surcharges, if any.
1890	(4)  "Conviction" means a conviction, including any court
1891	conviction, for any offense related to the preservation,
1892	protection, management, or restoration of wildlife which is
1893	prohibited by state statute, law, regulation, ordinance, or
1894	administrative rule that results in suspension or revocation of
1895	a license. The term also includes the forfeiture of any bail,
1896	bond, or other security deposited to secure appearance by a
1897	person charged with having committed any such offense, the
1898	payment of a penalty assessment, a plea of nolo contendere, or
1899	the imposition of a deferred or suspended sentence by the court.
1900	(5)  "Court" means a court of law, including magistrate's
1901	court and the justice of the peace court.
1902	(6)  "Home state" means the state of primary residence of a
1903	person.
1904	(7)  "Issuing state" means the participating state that
1905	issues a wildlife citation to the violator.
1906	(8)  "License" means any license, permit, or other public
1907	document that conveys to the person to whom it was issued the
1908	privilege of pursuing, possessing, or taking any wildlife
1909	regulated by statute, law, regulation, ordinance, or
1910	administrative rule of a participating state; any privilege to
1911	obtain such license, permit, or other public document; or any
1912	statutory exemption from the requirement to obtain such license,
1913	permit, or other public document. However, when applied to
1914	licenses issued by the State of Florida, only those licenses
1915	issued or privileges authorized pursuant to s. 372.561, s.
1916	372.562, or s. 372.57 shall be considered licenses.
1917	(9)  "Licensing authority" means the department or division
1918	within each participating state that is authorized by law to
1919	issue or approve licenses or permits to hunt, fish, trap, or
1920	possess wildlife.
1921	(10)  "Participating state" means any state that enacts
1922	legislation to become a member of this wildlife compact.
1923	(11)  "Personal recognizance" means an agreement by a
1924	person made at the time of issuance of the wildlife citation
1925	that such person will comply with the terms of the citation.
1926	(12)  "State" means any state, territory, or possession of
1927	the United States, the District of Columbia, the Commonwealth of
1928	Puerto Rico, the Provinces of Canada, and other countries.
1929	(13)  "Suspension" means any revocation, denial, or
1930	withdrawal of any or all license privileges, including the
1931	privilege to apply for, purchase, or exercise the benefits
1932	conferred by any license.
1933	(14)  "Terms of the citation" means those conditions and
1934	options expressly stated upon the citation.
1935	(15)  "Wildlife" means all species of animals, including,
1936	but not limited to, mammals, birds, fish, reptiles, amphibians,
1937	mollusks, and crustaceans, which are defined as "wildlife" and
1938	are protected or otherwise regulated by statute, law,
1939	regulation, ordinance, or administrative rule in a participating
1940	state. Species included in the definition of "wildlife" vary
1941	from state to state and the determination of whether a species
1942	is "wildlife" for the purposes of this compact shall be based on
1943	local law.
1944	(16)  "Wildlife law" means any statute, law, regulation,
1945	ordinance, or administrative rule developed and enacted for the
1946	management of wildlife resources and the uses thereof.
1947	(17)  "Wildlife officer" means any individual authorized by
1948	a participating state to issue a citation for a wildlife
1949	violation.
1950	(18)  "Wildlife violation" means any cited violation of a
1951	statute, law, regulation, ordinance, or administrative rule
1952	developed and enacted for the management of wildlife resources
1953	and the uses thereof.
1954
1955	ARTICLE III
1956	Procedures for Issuing State
1957
1958	(1)  When issuing a citation for a wildlife violation, a
1959	wildlife officer shall issue a citation to any person whose
1960	primary residence is in a participating state in the same manner
1961	as though the person were a resident of the issuing state and
1962	shall not require such person to post collateral to secure
1963	appearance, subject to the exceptions noted in subsection (2),
1964	if the officer receives the recognizance of such person that he
1965	will comply with the terms of the citation.
1966	(2)  Personal recognizance is acceptable if not prohibited
1967	by local law; by policy, procedure, or regulation of the issuing
1968	agency; or by the compact manual and if the violator provides
1969	adequate proof of identification to the wildlife officer.
1970	(3)  Upon conviction or failure of a person to comply with
1971	the terms of a wildlife citation, the appropriate official shall
1972	report the conviction or failure to comply to the licensing
1973	authority of the participating state in which the wildlife
1974	citation was issued. The report shall be made in accordance with
1975	procedures specified by the issuing state and must contain
1976	information as specified in the compact manual as minimum
1977	requirements for effective processing by the home state.
1978	(4)  Upon receipt of the report of conviction or
1979	noncompliance pursuant to subsection (3), the licensing
1980	authority of the issuing state shall transmit to the licensing
1981	authority of the home state of the violator the information in
1982	the form and content prescribed in the compact manual.
1983
1984	ARTICLE IV
1985	Procedure for Home State
1986
1987	(1)  Upon receipt of a report from the licensing authority
1988	of the issuing state reporting the failure of a violator to
1989	comply with the terms of a citation, the licensing authority of
1990	the home state shall notify the violator and shall initiate a
1991	suspension action in accordance with the home state's suspension
1992	procedures and shall suspend the violator's license privileges
1993	until satisfactory evidence of compliance with the terms of the
1994	wildlife citation has been furnished by the issuing state to the
1995	home state licensing authority. Due process safeguards shall be
1996	accorded.
1997	(2)  Upon receipt of a report of conviction from the
1998	licensing authority of the issuing state, the licensing
1999	authority of the home state shall enter such conviction in its
2000	records and shall treat such conviction as though it occurred in
2001	the home state for purposes of the suspension of license
2002	privileges.
2003	(3)  The licensing authority of the home state shall
2004	maintain a record of actions taken and shall make reports to
2005	issuing states as provided in the compact manual.
2006
2007	ARTICLE V
2008	Reciprocal Recognition of Suspension
2009
2010	(1)  Each participating state may recognize the suspension
2011	of license privileges of any person by any other participating
2012	state as though the violation resulting in the suspension had
2013	occurred in that state and would have been the basis for
2014	suspension of license privileges in that state.
2015	(2)  Each participating state shall communicate suspension
2016	information to other participating states in the form and
2017	content contained in the compact manual.
2018
2019	ARTICLE VI
2020	Applicability of Other Laws
2021
2022	Except as expressly required by provisions of this compact, this
2023	compact does not affect the right of any participating state to
2024	apply any of its laws relating to license privileges to any
2025	person or circumstance or to invalidate or prevent any agreement
2026	or other cooperative arrangement between a participating state
2027	and a nonparticipating state concerning the enforcement of
2028	wildlife laws.
2029
2030	ARTICLE VII
2031	Compact Administrator Procedures
2032
2033	(1)  For the purpose of administering the provisions of
2034	this compact and to serve as a governing body for the resolution
2035	of all matters relating to the operation of this compact, a
2036	board of compact administrators is established. The board shall
2037	be composed of one representative from each of the participating
2038	states to be known as the compact administrator. The compact
2039	administrator shall be appointed by the head of the licensing
2040	authority of each participating state and shall serve and be
2041	subject to removal in accordance with the laws of the state he
2042	or she represents. A compact administrator may provide for the
2043	discharge of his or her duties and the performance of his or her
2044	functions as a board member by an alternate. An alternate is not
2045	entitled to serve unless written notification of his or her
2046	identity has been given to the board.
2047	(2)  Each member of the board of compact administrators
2048	shall be entitled to one vote. No action of the board shall be
2049	binding unless taken at a meeting at which a majority of the
2050	total number of the board's votes are cast in favor thereof.
2051	Action by the board shall be only at a meeting at which a
2052	majority of the participating states are represented.
2053	(3)  The board shall elect annually from its membership a
2054	chair and vice chair.
2055	(4)  The board shall adopt bylaws not inconsistent with the
2056	provisions of this compact or the laws of a participating state
2057	for the conduct of its business and shall have the power to
2058	amend and rescind its bylaws.
2059	(5)  The board may accept for any of its purposes and
2060	functions under this compact any and all donations and grants of
2061	moneys, equipment, supplies, materials, and services,
2062	conditional or otherwise, from any state, the United States, or
2063	any governmental agency, and may receive, use, and dispose of
2064	the same.
2065	(6)  The board may contract with, or accept services or
2066	personnel from, any governmental or intergovernmental agency,
2067	individual, firm, corporation, or private nonprofit organization
2068	or institution.
2069	(7)  The board shall formulate all necessary procedures and
2070	develop uniform forms and documents for administering the
2071	provisions of this compact. All procedures and forms adopted
2072	pursuant to board action shall be contained in a compact manual.
2073
2074	ARTICLE VIII
2075	Entry into Compact and Withdrawal
2076
2077	(1)  This compact shall become effective at such time as it
2078	is adopted in substantially similar form by two or more states.
2079	(2)(a)  Entry into the compact shall be made by resolution
2080	of ratification executed by the authorized officials of the
2081	applying state and submitted to the chair of the board.
2082	(b)  The resolution shall substantially be in the form and
2083	content as provided in the compact manual and must include the
2084	following:
2085	1.  A citation of the authority from which the state is
2086	empowered to become a party to this compact.
2087	2.  An agreement of compliance with the terms and
2088	provisions of this compact.
2089	3.  An agreement that compact entry is with all states
2090	participating in the compact and with all additional states
2091	legally becoming a party to the compact.
2092	(c)  The effective date of entry shall be specified by the
2093	applying state but may not be less than 60 days after notice has
2094	been given by the chair of the board of the compact
2095	administrators or by the secretariat of the board to each
2096	participating state that the resolution from the applying state
2097	has been received.
2098	(3)  A participating state may withdraw from participation
2099	in this compact by official written notice to each participating
2100	state, but withdrawal shall not become effective until 90 days
2101	after the notice of withdrawal is given. The notice must be
2102	directed to the compact administrator of each member state. The
2103	withdrawal of any state does not affect the validity of this
2104	compact as to the remaining participating states.
2105
2106	ARTICLE IX
2107	Amendments to the Compact
2108
2109	(1)  This compact may be amended from time to time.
2110	Amendments shall be presented in resolution form to the chair of
2111	the board of compact administrators and shall be initiated by
2112	one or more participating states.
2113	(2)  Adoption of an amendment shall require endorsement by
2114	all participating states and shall become effective 30 days
2115	after the date of the last endorsement.
2116
2117	ARTICLE X
2118	Construction and Severability
2119
2120	This compact shall be liberally construed so as to effectuate
2121	the purposes stated herein. The provisions of this compact are
2122	severable and if any phrase, clause, sentence, or provision of
2123	this compact is declared to be contrary to the constitution of
2124	any participating state or of the United States, or if the
2125	applicability thereof to any government, agency, individual, or
2126	circumstance is held invalid, the validity of the remainder of
2127	this compact shall not be affected thereby. If this compact is
2128	held contrary to the constitution of any participating state,
2129	the compact shall remain in full force and effect as to the
2130	remaining states and in full force and effect as to the
2131	participating state affected as to all severable matters.
2132	Section 32.  Section 372.8311, Florida Statutes, is created
2133	to read:
2134	372.8311  Compact licensing and enforcement authority;
2135	administrative review.--
2136	(1)  For purposes of this chapter and the interstate
2137	Wildlife Violators Compact, the Fish and Wildlife Conservation
2138	Commission is the licensing authority for the State of Florida
2139	and the commission shall enforce the interstate Wildlife
2140	Violators Compact and shall do all things within the
2141	commission's jurisdiction that are necessary to effectuate the
2142	purposes and the intent of the compact. The commission may
2143	execute a resolution of ratification to formalize the State of
2144	Florida's entry into the compact. Upon adoption of the
2145	interstate Wildlife Violators Compact, the commission may adopt
2146	rules to administer the provisions of the compact.
2147	(2)  Any act done or omitted pursuant to, or in enforcing,
2148	the provisions of this compact are subject to review in
2149	accordance with chapter 120, Florida Statutes. Notwithstanding
2150	any other provision of this section, actions taken by another
2151	state or its courts shall not be reviewable.
2152	Section 33.  Sections 372.711 and 372.912, Florida
2153	Statutes, are repealed.
2154	Section 34.  This act shall take effect October 1, 2006.

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