Senate Bill sb1982c1

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    Florida Senate - 2007                           CS for SB 1982

    By the Committee on Environmental Preservation and
    Conservation




    592-2006-07

  1                      A bill to be entitled

  2         An act relating to recreational licenses and

  3         permits issued by the Fish and Wildlife

  4         Conservation Commission; amending s. 372.561,

  5         F.S.; authorizing the commission, tax

  6         collectors, and certain subagents to request

  7         and collect donations when selling a

  8         recreational license or permit; requiring the

  9         transfer of such donations to the Wildlife

10         Foundation of Florida, Inc., to be used for

11         specified purposes; amending s. 372.562, F.S.;

12         revising the exemption under which a resident

13         need not possess a license in order to fish in

14         salt water from land or from a structure fixed

15         to land; amending s. 372.57, F.S.; increasing

16         the fees charged to residents and nonresidents

17         for certain hunting and fishing licenses;

18         requiring the commission to provide to the

19         Governor and Legislature a report on activities

20         funded from the sale of snook permits; creating

21         a 3-day freshwater fishing license for

22         nonresidents; amending ss. 372.571 and 372.661,

23         F.S.; conforming cross-references; reenacting

24         ss. 372.5712(1), 372.5715(1), and 372.573,

25         F.S., relating to revenues from the waterfowl

26         permit, the wild turkey permit, and management

27         area permits, to incorporate the amendment to

28         s. 372.57, F.S., in references thereto;

29         providing an effective date.

30  

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

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 1         Section 1.  Present subsection (13) of section 372.561,

 2  Florida Statutes, is redesignated as subsection (14), and new

 3  subsection (13) is added to that section, to read:

 4         372.561  Recreational licenses, permits, and

 5  authorization numbers to take wild animal life, freshwater

 6  aquatic life, and marine life; issuance; costs; reporting.--

 7         (13)  The commission, any tax collector in this state,

 8  or any subagent authorized to sell licenses and permits under

 9  s. 372.574 may request and collect donations when selling a

10  recreational license or permit authorized under s. 372.57. All

11  donations collected under this subsection must be transferred

12  to the Wildlife Foundation of Florida, Inc., to be used for

13  the purposes specified in s. 372.0215.

14         (14)(13)  The commission is authorized to adopt rules

15  pursuant to ss. 120.536(1) and 120.54 to implement the

16  provisions of this section.

17         Section 2.  Subsection (2) of section 372.562, Florida

18  Statutes, is amended to read:

19         372.562  Recreational licenses and permits; exemptions

20  from fees and requirements.--

21         (2)  A hunting, freshwater fishing, or saltwater

22  fishing license or permit is not required for:

23         (a)  Any child under 16 years of age, except as

24  otherwise provided in this chapter.

25         (b)  Any person hunting or freshwater fishing on her or

26  his homestead property, or on the homestead property of the

27  person's spouse or minor child; or any minor child hunting or

28  freshwater fishing on the homestead property of her or his

29  parent.

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 1         (c)  Any resident who is a member of the United States

 2  Armed Forces and not stationed in this state, when home on

 3  leave for 30 days or less, upon submission of orders.

 4         (d)  Any resident fishing for recreational purposes

 5  only, within her or his county of residence with live or

 6  natural bait, using poles or lines not equipped with a fishing

 7  line retrieval mechanism. This exemption does not apply to

 8  residents fishing in, except on a legally established fish

 9  management area.

10         (e)  Any person freshwater fishing in a fish pond of 20

11  acres or less that is located entirely within the private

12  property of the fish pond owner.

13         (f)  Any person freshwater fishing in a fish pond that

14  is licensed in accordance with s. 372.5705.

15         (g)  Any person fishing who has been accepted as a

16  client for developmental disabilities services by the

17  Department of Children and Family Services, provided the

18  department furnishes proof thereof.

19         (h)  Any resident saltwater fishing fishing in salt

20  water from land or from a structure fixed to the land.

21         (i)  Any person saltwater fishing from a vessel

22  licensed pursuant to s. 372.57(7).

23         (j)  Any person saltwater fishing from a vessel the

24  operator of which is licensed pursuant to s. 372.57(7).

25         (k)  Any person saltwater fishing who holds a valid

26  saltwater products license issued under s. 370.06(2).

27         (l)  Any person saltwater fishing for recreational

28  purposes from a pier licensed under s. 372.57.

29         (m)  Any resident fishing for a saltwater species in

30  fresh water from land or from a structure fixed to land.

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 1         (n)  Any resident fishing for mullet in fresh water who

 2  has a valid Florida freshwater fishing license.

 3         (o)  Any resident 65 years of age or older who has in

 4  her or his possession proof of age and residency.  A no-cost

 5  license under this paragraph may be obtained from any tax

 6  collector's office upon proof of age and residency and must be

 7  in the possession of the resident during hunting, freshwater

 8  fishing, and saltwater fishing activities.

 9         (p)  Any employee of the commission who takes

10  freshwater fish, saltwater fish, or game as part of employment

11  with the commission, or any other person authorized by

12  commission permit to take freshwater fish, saltwater fish, or

13  game for scientific or educational purposes.

14         (q)  Any resident who holds a valid commercial fishing

15  license issued under s. 372.65(1)(a).

16         Section 3.  Subsections (4) and (5), paragraphs (a),

17  (b), (c), and (h) of subsection (8), and paragraph (a) of

18  subsection (9) of section 372.57, Florida Statutes, are

19  amended to read:

20         372.57  Recreational licenses, permits, and

21  authorization numbers; fees established.--

22         (4)  RESIDENT HUNTING AND FISHING LICENSES.--The

23  licenses and fees for residents participating in hunting and

24  fishing activities in this state are as follows:

25         (a)  Annual freshwater fishing license, $15.50 $12.

26         (b)  Annual saltwater fishing license, $15.50 $12.

27         (c)  Annual hunting license to take game, $15.50 $11.

28         (d)  Annual combination hunting and freshwater fishing

29  license, $31 $22.

30         (e)  Annual combination freshwater fishing and

31  saltwater fishing license, $31 $24.

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    Florida Senate - 2007                           CS for SB 1982
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 1         (f)  Annual combination hunting, freshwater fishing,

 2  and saltwater fishing license, $46.50 $34.

 3         (g)  Annual license to take fur-bearing animals, $25.

 4  However, a resident with a valid hunting license or a no-cost

 5  license who is taking fur-bearing animals for noncommercial

 6  purposes using guns or dogs only, and not traps or other

 7  devices, is not required to purchase this license. Also, a

 8  resident 65 years of age or older is not required to purchase

 9  this license.

10         (h)  Annual sportsman's license, $79 $71, except that

11  an annual sportsman's license for a resident 64 years of age

12  or older is $12. A sportsman's license authorizes the person

13  to whom it is issued to take game and freshwater fish, subject

14  to the state and federal laws, rules, and regulations,

15  including rules of the commission, in effect at the time of

16  the taking. Other authorized activities include activities

17  authorized by a management area permit, a muzzle-loading gun

18  season permit, a crossbow season permit, a turkey permit, a

19  Florida waterfowl permit, and an archery season permit.

20         (i)  Annual gold sportsman's license, $98.50 $87. The

21  gold sportsman's license authorizes the person to whom it is

22  issued to take freshwater fish, saltwater fish, and game,

23  subject to the state and federal laws, rules, and regulations,

24  including rules of the commission, in effect at the time of

25  taking. Other authorized activities include activities

26  authorized by a management area permit, a muzzle-loading gun

27  season permit, a crossbow season permit, a turkey permit, a

28  Florida waterfowl permit, an archery season permit, a snook

29  permit, and a spiny lobster permit.

30         (j)  Annual military gold sportsman's license, $18.50.

31  The gold sportsman's license authorizes the person to whom it

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    Florida Senate - 2007                           CS for SB 1982
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 1  is issued to take freshwater fish, saltwater fish, and game,

 2  subject to the state and federal laws, rules, and regulations,

 3  including rules of the commission, in effect at the time of

 4  taking. Other authorized activities include activities

 5  authorized by a management area permit, a muzzle-loading gun

 6  season permit, a crossbow season permit, a turkey permit, a

 7  Florida waterfowl permit, an archery season permit, a snook

 8  permit, and a spiny lobster permit. Any resident who is an

 9  active or retired member of the United States Armed Forces,

10  the United States Armed Forces Reserve, the National Guard,

11  the United States Coast Guard, or the United States Coast

12  Guard Reserve is eligible to purchase the military gold

13  sportsman's license upon submission of a current military

14  identification card.

15         (5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The

16  licenses and fees for nonresidents participating in hunting

17  and fishing activities in the state are as follows:

18         (a)  Freshwater fishing license to take freshwater fish

19  for 3 consecutive days, $15.50.

20         (b)(a)  Freshwater fishing license to take freshwater

21  fish for 7 consecutive days, $28.50 $15.

22         (c)(b)  Saltwater fishing license to take saltwater

23  fish for 3 consecutive days, $15.50 $5.

24         (d)(c)  Saltwater fishing license to take saltwater

25  fish for 7 consecutive days, $28.50 $15.

26         (e)(d)  Annual freshwater fishing license, $45.50 $30.

27         (f)(e)  Annual saltwater fishing license, $45.50 $30.

28         (g)(f)  Hunting license to take game for 10 consecutive

29  days, $45.

30         (h)(g)  Annual hunting license to take game, $150.

31  

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    Florida Senate - 2007                           CS for SB 1982
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 1         (i)(h)  Annual license to take fur-bearing animals,

 2  $25.  However, a nonresident with a valid Florida hunting

 3  license who is taking fur-bearing animals for noncommercial

 4  purposes using guns or dogs only, and not traps or other

 5  devices, is not required to purchase this license.

 6         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

 7  ACTIVITY PERMITS.--In addition to any license required under

 8  this chapter, the following permits and fees for specified

 9  hunting, fishing, and recreational uses and activities are

10  required:

11         (a)  An annual Florida waterfowl permit for a resident

12  or nonresident to take wild ducks or geese within the state or

13  its coastal waters is $10 $3.

14         (b)1.  An annual Florida turkey permit for a resident

15  to take wild turkeys within the state is $10 $5.

16         2.  An annual Florida turkey permit for a nonresident

17  to take wild turkeys within the state is $100.

18         (c)  An annual snook permit for a resident or

19  nonresident to take or possess any snook from any waters of

20  the state is $10 $2. Revenue generated from the sale of snook

21  permits shall be used exclusively for law enforcement

22  activities, management, research, stock enhancement, and

23  public education that directly benefit the snook population.

24  The commission shall provide a complete and detailed annual

25  report on activities performed under this paragraph to the

26  Governor, the President of the Senate, and the Speaker of the

27  House of Representatives on or before September 1 of each year

28  for programs to benefit the snook population.

29         (h)1.  A recreational user permit is required to hunt

30  on, fish on, or otherwise use for outdoor recreational

31  purposes land leased by the commission from private

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    Florida Senate - 2007                           CS for SB 1982
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 1  nongovernmental owners, except for those lands located

 2  directly north of the Apalachicola National Forest, east of

 3  the Ochlocknee River until the point the river meets the dam

 4  forming Lake Talquin, and south of the closest federal

 5  highway. The fee for a recreational user permit shall be based

 6  upon the economic compensation desired by the landowner, game

 7  population levels, desired hunter density, and administrative

 8  costs. The permit fee shall be set by commission rule on a

 9  per-acre basis. The recreational user permit fee, less

10  administrative costs of up to $25 per permit, shall be

11  remitted to the landowner as provided in the lease agreement

12  for each area.

13         2.  One minor dependent under 16 years of age, 16 years

14  of age or younger, may hunt under the supervision of the

15  permittee and is exempt from the recreational user permit

16  requirements. The spouse and dependent children of a permittee

17  are exempt from the recreational user permit requirements when

18  engaged in outdoor recreational activities other than hunting

19  and when accompanied by a permittee. Notwithstanding any other

20  provision of this chapter, no other exclusions, exceptions, or

21  exemptions from the recreational user permit fee are

22  authorized.

23         (9)  RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--

24         (a)  Five-year licenses are available for residents

25  only, as follows:

26         1.  A 5-year freshwater fishing or saltwater fishing

27  license is $77.50 $60 for each type of license and authorizes

28  the person to whom the license is issued to take or attempt to

29  take or possess freshwater fish or saltwater fish consistent

30  with the state and federal laws and regulations and rules of

31  the commission in effect at the time of taking.

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 1         2.  A 5-year hunting license is $77.50 $55 and

 2  authorizes the person to whom it is issued to take or attempt

 3  to take or possess game consistent with the state and federal

 4  laws and regulations and rules of the commission in effect at

 5  the time of taking.

 6         3.  The commission is authorized to sell the hunting,

 7  fishing, and recreational activity permits authorized in

 8  subsection (8) for a 5-year period to match the purchase of

 9  5-year fishing and hunting licenses.  The fee for each permit

10  issued under this paragraph shall be five times the annual

11  cost established in subsection (8).

12         Section 4.  Section 372.571, Florida Statutes, is

13  amended to read:

14         372.571  Expiration of licenses and permits.--Each

15  license or permit issued under this chapter must be dated when

16  issued. Each license or permit issued under this chapter

17  remains valid for 12 months after the date of issuance, except

18  for a lifetime license issued pursuant to s. 372.57 which is

19  valid from the date of issuance until the death of the

20  individual to whom the license is issued unless otherwise

21  revoked in accordance with s. 372.83 or s. 372.99, or a 5-year

22  license issued pursuant to s. 372.57 which is valid for 5

23  consecutive years from the date of purchase unless otherwise

24  revoked in accordance with s. 372.83 or s. 372.99, or a

25  license issued pursuant to s. 372.57(5)(a), (b), (c), (d), or

26  (g) or (f) or (8)(f), or (g)2., or (h)1., which is valid for

27  the period specified on the license. A resident lifetime

28  license or a resident 5-year license that has been purchased

29  by a resident of this state and who subsequently resides in

30  another state shall be honored for activities authorized by

31  that license.

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 1         Section 5.  Subsection (2) of section 372.661, Florida

 2  Statutes, is amended to read:

 3         372.661  Private hunting preserve license fees;

 4  exception.--

 5         (2)  A commercial hunting preserve license, which shall

 6  exempt patrons of licensed preserves from the license and

 7  permit requirements of s. 372.57(4)(c), (d), (f), (h), (i),

 8  and (j); (5)(f) and(g) and (h); (8)(a), (b), and (e);

 9  (9)(a)2.; (11); and (12) while hunting on the licensed

10  preserve property, shall be $500. Such commercial hunting

11  preserve license shall be available only to those private

12  hunting preserves licensed pursuant to this section which are

13  operated exclusively for commercial purposes, which are open

14  to the public, and for which a uniform fee is charged to

15  patrons for hunting privileges.

16         Section 6.  For the purpose of incorporating the

17  amendments made by this act to section 372.57, Florida

18  Statutes, in a reference thereto, subsection (1) of section

19  372.5712, Florida Statutes, is reenacted to read:

20         372.5712  Florida waterfowl permit revenues.--

21         (1)  The commission shall expend the revenues generated

22  from the sale of the Florida waterfowl permit as provided in

23  s. 372.57(8)(a) or that pro rata portion of any license that

24  includes waterfowl hunting privileges, as provided in s.

25  372.57(4)(h), (i), and (j) and (9)(a)3. as follows: A maximum

26  of 5 percent of the gross revenues shall be expended for

27  administrative costs; a maximum of 25 percent of the gross

28  revenues shall be expended for waterfowl research approved by

29  the commission; and a maximum of 70 percent of the gross

30  revenues shall be expended for projects approved by the

31  commission, in consultation with the Waterfowl Advisory

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 1  Council, for the purpose of protecting and propagating

 2  migratory waterfowl and for the development, restoration,

 3  maintenance, and preservation of wetlands within the state.

 4         Section 7.  For the purpose of incorporating the

 5  amendments made by this act to section 372.57, Florida

 6  Statutes, in a reference thereto, subsection (1) of section

 7  372.5715, Florida Statutes, is reenacted to read:

 8         372.5715  Florida wild turkey permit revenues.--

 9         (1)  The commission shall expend the revenues generated

10  from the sale of the turkey permit as provided for in s.

11  372.57(8)(b) or that pro rata portion of any license that

12  includes turkey hunting privileges as provided for in s.

13  372.57(4)(h), (i), and (j) for research and management of wild

14  turkeys.

15         Section 8.  For the purpose of incorporating the

16  amendments made by this act to section 372.57, Florida

17  Statutes, in a reference thereto, section 372.573, Florida

18  Statutes, is reenacted to read:

19         372.573  Management area permit revenues.--The

20  commission shall expend the revenue generated from the sale of

21  the management area permit as provided for in s. 372.57(8)(g)

22  or that pro rata portion of any license that includes

23  management area privileges as provided for in s. 372.57(4)(h),

24  (i), and (j) for the lease, management, and protection of

25  lands for public hunting, fishing, and other outdoor

26  recreation.

27         Section 9.  This act shall take effect July 1, 2007.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         senate bill 1982

 3                                 

 4  The committee substitute reinstates current law allowing for a
    shoreline fishing exemption, raises the annual nonresident
 5  saltwater fishing license fee to conform to other fee
    increases, and increases the Florida waterfowl, Florida turkey
 6  and snook permits to $10.

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