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.
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31 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2007 CS for SB 1982
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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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Florida Senate - 2007 CS for SB 1982
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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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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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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.
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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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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
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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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