Senate Bill sb7042pb
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
FOR CONSIDERATION By the Committee on Environmental
Preservation and Conservation
592-931-07
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; providing for such exemption to apply
16 solely to residents who hold a Medicaid gold
17 card; requiring a person fishing under the
18 exemption to possess a Medicaid gold card and
19 positive proof of identification; deleting the
20 exemption from licensure requirements provided
21 for a resident fishing for a saltwater species
22 in fresh water from land or from a structure
23 fixed to land; amending s. 372.57, F.S.;
24 increasing the fees charged to residents and
25 nonresidents for certain hunting and fishing
26 licenses; creating a 3-day freshwater fishing
27 license for nonresidents; amending ss. 372.571
28 and 372.661, F.S.; conforming cross-references;
29 reenacting ss. 372.5712(1), 372.5715(1), and
30 372.573, F.S., relating to revenues from the
31 waterfowl permit, the wild turkey permit, and
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 management area permits, to incorporate the
2 amendment to s. 372.57, F.S., in references
3 thereto; providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. Present subsection (13) of section 372.561,
8 Florida Statutes, is redesignated as subsection (14), and new
9 subsection (13) is added to that section, to read:
10 372.561 Recreational licenses, permits, and
11 authorization numbers to take wild animal life, freshwater
12 aquatic life, and marine life; issuance; costs; reporting.--
13 (13) The commission, any tax collector in this state,
14 or any subagent authorized to sell licenses and permits under
15 s. 372.574 may request and collect donations when selling a
16 recreational license or permit authorized under s. 372.57. All
17 donations collected under this subsection must be transferred
18 to the Wildlife Foundation of Florida, Inc., to be used for
19 the purposes specified in s. 372.0215.
20 (14)(13) The commission is authorized to adopt rules
21 pursuant to ss. 120.536(1) and 120.54 to implement the
22 provisions of this section.
23 Section 2. Subsection (2) of 372.562, Florida
24 Statutes, is amended to read:
25 372.562 Recreational licenses and permits; exemptions
26 from fees and requirements.--
27 (2) A hunting, freshwater fishing, or saltwater
28 fishing license or permit is not required for:
29 (a) Any child under 16 years of age, except as
30 otherwise provided in this chapter.
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 (b) Any person hunting or freshwater fishing on her or
2 his homestead property, or on the homestead property of the
3 person's spouse or minor child; or any minor child hunting or
4 freshwater fishing on the homestead property of her or his
5 parent.
6 (c) Any resident who is a member of the United States
7 Armed Forces and not stationed in this state, when home on
8 leave for 30 days or less, upon submission of orders.
9 (d) Any resident fishing for recreational purposes
10 only, within her or his county of residence with live or
11 natural bait, using poles or lines not equipped with a fishing
12 line retrieval mechanism. This exemption does not apply to
13 residents fishing in, except on a legally established fish
14 management area.
15 (e) Any person freshwater fishing in a fish pond of 20
16 acres or less that is located entirely within the private
17 property of the fish pond owner.
18 (f) Any person freshwater fishing in a fish pond that
19 is licensed in accordance with s. 372.5705.
20 (g) Any person fishing who has been accepted as a
21 client for developmental disabilities services by the
22 Department of Children and Family Services, provided the
23 department furnishes proof thereof.
24 (h) Any resident saltwater fishing fishing in salt
25 water from land or from a structure fixed to the land who has
26 been issued a Medicaid gold card under the Medicaid program
27 administered by the Agency for Health Care Administration. A
28 Medicaid gold card issued in the resident's name and positive
29 proof of identification are required when a resident is
30 saltwater fishing under this exemption.
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 (i) Any person saltwater fishing from a vessel
2 licensed pursuant to s. 372.57(7).
3 (j) Any person saltwater fishing from a vessel the
4 operator of which is licensed pursuant to s. 372.57(7).
5 (k) Any person saltwater fishing who holds a valid
6 saltwater products license issued under s. 370.06(2).
7 (l) Any person saltwater fishing for recreational
8 purposes from a pier licensed under s. 372.57.
9 (m) Any resident fishing for a saltwater species in
10 fresh water from land or from a structure fixed to land.
11 (m)(n) Any resident fishing for mullet in fresh water
12 who has a valid Florida freshwater fishing license.
13 (n)(o) Any resident 65 years of age or older who has
14 in her or his possession proof of age and residency. A
15 no-cost license under this paragraph may be obtained from any
16 tax collector's office upon proof of age and residency and
17 must be in the possession of the resident during hunting,
18 freshwater fishing, and saltwater fishing activities.
19 (o)(p) Any employee of the commission who takes
20 freshwater fish, saltwater fish, or game as part of employment
21 with the commission, or any other person authorized by
22 commission permit to take freshwater fish, saltwater fish, or
23 game for scientific or educational purposes.
24 (p)(q) Any resident who holds a valid commercial
25 fishing license issued under s. 372.65(1)(a).
26 Section 3. Subsections (4) and (5), paragraph (h) of
27 subsection (8), and paragraph (a) of subsection (9) of section
28 372.57, Florida Statutes, are amended to read:
29 372.57 Recreational licenses, permits, and
30 authorization numbers; fees established.--
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 (4) RESIDENT HUNTING AND FISHING LICENSES.--The
2 licenses and fees for residents participating in hunting and
3 fishing activities in this state are as follows:
4 (a) Annual freshwater fishing license, $15.50 $12.
5 (b) Annual saltwater fishing license, $15.50 $12.
6 (c) Annual hunting license to take game, $15.50 $11.
7 (d) Annual combination hunting and freshwater fishing
8 license, $31 $22.
9 (e) Annual combination freshwater fishing and
10 saltwater fishing license, $31 $24.
11 (f) Annual combination hunting, freshwater fishing,
12 and saltwater fishing license, $46.50 $34.
13 (g) Annual license to take fur-bearing animals, $25.
14 However, a resident with a valid hunting license or a no-cost
15 license who is taking fur-bearing animals for noncommercial
16 purposes using guns or dogs only, and not traps or other
17 devices, is not required to purchase this license. Also, a
18 resident 65 years of age or older is not required to purchase
19 this license.
20 (h) Annual sportsman's license, $79 $71, except that
21 an annual sportsman's license for a resident 64 years of age
22 or older is $12. A sportsman's license authorizes the person
23 to whom it is issued to take game and freshwater fish, subject
24 to the state and federal laws, rules, and regulations,
25 including rules of the commission, in effect at the time of
26 the taking. Other authorized activities include activities
27 authorized by a management area permit, a muzzle-loading gun
28 season permit, a crossbow season permit, a turkey permit, a
29 Florida waterfowl permit, and an archery season permit.
30 (i) Annual gold sportsman's license, $98.50 $87. The
31 gold sportsman's license authorizes the person to whom it is
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 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.
9 (j) Annual military gold sportsman's license, $18.50.
10 The gold sportsman's license authorizes the person to whom it
11 is issued to take freshwater fish, saltwater fish, and game,
12 subject to the state and federal laws, rules, and regulations,
13 including rules of the commission, in effect at the time of
14 taking. Other authorized activities include activities
15 authorized by a management area permit, a muzzle-loading gun
16 season permit, a crossbow season permit, a turkey permit, a
17 Florida waterfowl permit, an archery season permit, a snook
18 permit, and a spiny lobster permit. Any resident who is an
19 active or retired member of the United States Armed Forces,
20 the United States Armed Forces Reserve, the National Guard,
21 the United States Coast Guard, or the United States Coast
22 Guard Reserve is eligible to purchase the military gold
23 sportsman's license upon submission of a current military
24 identification card.
25 (5) NONRESIDENT HUNTING AND FISHING LICENSES.--The
26 licenses and fees for nonresidents participating in hunting
27 and fishing activities in the state are as follows:
28 (a) Freshwater fishing license to take freshwater fish
29 for 3 consecutive days, $15.50.
30 (b)(a) Freshwater fishing license to take freshwater
31 fish for 7 consecutive days, $28.50 $15.
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 (c)(b) Saltwater fishing license to take saltwater
2 fish for 3 consecutive days, $15.50 $5.
3 (d)(c) Saltwater fishing license to take saltwater
4 fish for 7 consecutive days, $28.50 $15.
5 (e)(d) Annual freshwater fishing license, $45.50 $30.
6 (f)(e) Annual saltwater fishing license, $30.
7 (g)(f) Hunting license to take game for 10 consecutive
8 days, $45.
9 (h)(g) Annual hunting license to take game, $150.
10 (i)(h) Annual license to take fur-bearing animals,
11 $25. However, a nonresident with a valid Florida hunting
12 license who is taking fur-bearing animals for noncommercial
13 purposes using guns or dogs only, and not traps or other
14 devices, is not required to purchase this license.
15 (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL
16 ACTIVITY PERMITS.--In addition to any license required under
17 this chapter, the following permits and fees for specified
18 hunting, fishing, and recreational uses and activities are
19 required:
20 (h)1. A recreational user permit is required to hunt
21 on, fish on, or otherwise use for outdoor recreational
22 purposes land leased by the commission from private
23 nongovernmental owners, except for those lands located
24 directly north of the Apalachicola National Forest, east of
25 the Ochlocknee River until the point the river meets the dam
26 forming Lake Talquin, and south of the closest federal
27 highway. The fee for a recreational user permit shall be based
28 upon the economic compensation desired by the landowner, game
29 population levels, desired hunter density, and administrative
30 costs. The permit fee shall be set by commission rule on a
31 per-acre basis. The recreational user permit fee, less
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 administrative costs of up to $25 per permit, shall be
2 remitted to the landowner as provided in the lease agreement
3 for each area.
4 2. One minor dependent under 16 years of age, 16 years
5 of age or younger, may hunt under the supervision of the
6 permittee and is exempt from the recreational user permit
7 requirements. The spouse and dependent children of a permittee
8 are exempt from the recreational user permit requirements when
9 engaged in outdoor recreational activities other than hunting
10 and when accompanied by a permittee. Notwithstanding any other
11 provision of this chapter, no other exclusions, exceptions, or
12 exemptions from the recreational user permit fee are
13 authorized.
14 (9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--
15 (a) Five-year licenses are available for residents
16 only, as follows:
17 1. A 5-year freshwater fishing or saltwater fishing
18 license is $77.50 $60 for each type of license and authorizes
19 the person to whom the license is issued to take or attempt to
20 take or possess freshwater fish or saltwater fish consistent
21 with the state and federal laws and regulations and rules of
22 the commission in effect at the time of taking.
23 2. A 5-year hunting license is $77.50 $55 and
24 authorizes the person to whom it is issued to take or attempt
25 to take or possess game consistent with the state and federal
26 laws and regulations and rules of the commission in effect at
27 the time of taking.
28 3. The commission is authorized to sell the hunting,
29 fishing, and recreational activity permits authorized in
30 subsection (8) for a 5-year period to match the purchase of
31 5-year fishing and hunting licenses. The fee for each permit
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 issued under this paragraph shall be five times the annual
2 cost established in subsection (8).
3 Section 4. Section 372.571, Florida Statutes, is
4 amended to read:
5 372.571 Expiration of licenses and permits.--Each
6 license or permit issued under this chapter must be dated when
7 issued. Each license or permit issued under this chapter
8 remains valid for 12 months after the date of issuance, except
9 for a lifetime license issued pursuant to s. 372.57 which is
10 valid from the date of issuance until the death of the
11 individual to whom the license is issued unless otherwise
12 revoked in accordance with s. 372.83 or s. 372.99, or a 5-year
13 license issued pursuant to s. 372.57 which is valid for 5
14 consecutive years from the date of purchase unless otherwise
15 revoked in accordance with s. 372.83 or s. 372.99, or a
16 license issued pursuant to s. 372.57(5)(a), (b), (c), (d), or
17 (g) or (f) or (8)(f), or (g)2., or (h)1., which is valid for
18 the period specified on the license. A resident lifetime
19 license or a resident 5-year license that has been purchased
20 by a resident of this state and who subsequently resides in
21 another state shall be honored for activities authorized by
22 that license.
23 Section 5. Subsection (2) of section 372.661, Florida
24 Statutes, is amended to read:
25 372.661 Private hunting preserve license fees;
26 exception.--
27 (2) A commercial hunting preserve license, which shall
28 exempt patrons of licensed preserves from the license and
29 permit requirements of s. 372.57(4)(c), (d), (f), (h), (i),
30 and (j); (5)(f) and(g) and (h); (8)(a), (b), and (e);
31 (9)(a)2.; (11); and (12) while hunting on the licensed
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 preserve property, shall be $500. Such commercial hunting
2 preserve license shall be available only to those private
3 hunting preserves licensed pursuant to this section which are
4 operated exclusively for commercial purposes, which are open
5 to the public, and for which a uniform fee is charged to
6 patrons for hunting privileges.
7 Section 6. For the purpose of incorporating the
8 amendments made by this act to section 372.57, Florida
9 Statutes, in a reference thereto, subsection (1) of section
10 372.5712, Florida Statutes, is reenacted to read:
11 372.5712 Florida waterfowl permit revenues.--
12 (1) The commission shall expend the revenues generated
13 from the sale of the Florida waterfowl permit as provided in
14 s. 372.57(8)(a) or that pro rata portion of any license that
15 includes waterfowl hunting privileges, as provided in s.
16 372.57(4)(h), (i), and (j) and (9)(a)3. as follows: A maximum
17 of 5 percent of the gross revenues shall be expended for
18 administrative costs; a maximum of 25 percent of the gross
19 revenues shall be expended for waterfowl research approved by
20 the commission; and a maximum of 70 percent of the gross
21 revenues shall be expended for projects approved by the
22 commission, in consultation with the Waterfowl Advisory
23 Council, for the purpose of protecting and propagating
24 migratory waterfowl and for the development, restoration,
25 maintenance, and preservation of wetlands within the state.
26 Section 7. For the purpose of incorporating the
27 amendments made by this act to section 372.57, Florida
28 Statutes, in a reference thereto, subsection (1) of section
29 372.5715, Florida Statutes, is reenacted to read:
30 372.5715 Florida wild turkey permit revenues.--
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7042
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1 (1) The commission shall expend the revenues generated
2 from the sale of the turkey permit as provided for in s.
3 372.57(8)(b) or that pro rata portion of any license that
4 includes turkey hunting privileges as provided for in s.
5 372.57(4)(h), (i), and (j) for research and management of wild
6 turkeys.
7 Section 8. For the purpose of incorporating the
8 amendments made by this act to section 372.57, Florida
9 Statutes, in a reference thereto, section 372.573, Florida
10 Statutes, is reenacted to read:
11 372.573 Management area permit revenues.--The
12 commission shall expend the revenue generated from the sale of
13 the management area permit as provided for in s. 372.57(8)(g)
14 or that pro rata portion of any license that includes
15 management area privileges as provided for in s. 372.57(4)(h),
16 (i), and (j) for the lease, management, and protection of
17 lands for public hunting, fishing, and other outdoor
18 recreation.
19 Section 9. This act shall take effect July 1, 2007.
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22 SENATE SUMMARY
23 Provides for the Fish and Wildlife Conservation
Commission, tax collectors, and subagents to collect
24 donations for the Wildlife Foundation of Florida, Inc.,
when selling recreational licenses or permits. Deletes
25 the exemption from licensure requirements provided for
residents fishing in salt water from land or from a
26 structure fixed to land. Provides for such exemption to
apply solely to residents who hold a Medicaid gold card.
27 Deletes the exemption from licensure requirements
provided for residents fishing for a saltwater species in
28 fresh water from land or from a structure fixed to land.
Increases various fees charged to residents and
29 nonresidents for certain hunting and fishing licenses.
Creates a 3-day freshwater fishing license for
30 nonresidents.
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