HB 7173

1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 20.331, F.S.; clarifying the
4	commission's constitutional authority over marine life;
5	requiring the commission to adopt and publish a rule
6	establishing due process procedures; revising the
7	commission's statutory duties and responsibilities;
8	amending s. 320.08056, F.S.; increasing the fee for Sea
9	Turtle license plates; amending s. 320.08058, F.S.;
10	specifying a percentage of annual use fees collected from
11	the sale of manatee license plates that may be used to
12	promote and market the license plate; authorizing the
13	commission to use proceeds of the annual use fee for
14	fiscal year 2007-2008 to buy back plates not issued during
15	the 2007-2008 fiscal year; providing for future repeal;
16	specifying a percentage of annual use fees collected from
17	the sale of Florida panther and Largemouth Bass license
18	plates that may be used to promote and market the license
19	plates; amending s. 370.025, F.S.; deleting provisions
20	relating to the extent of the commission's authority over
21	marine life; amending s. 370.0603, F.S.; providing for the
22	deposit of certain proceeds into the Marine Resources
23	Conservation Trust Fund; authorizing the use of such
24	funds; amending s. 370.1105, F.S.; clarifying terminology
25	relating to the spiny lobster; amending s. 370.12, F.S.;
26	specifying a percentage of annual use fees collected from
27	the sale of manatee license plates that may be used to
28	promote and market the license plate; authorizing the
29	commission to use proceeds of the annual use fee for
30	fiscal year 2007-2008 to buy back plates not issued during
31	the 2007-2008 fiscal year; amending s. 370.13, F.S.;
32	revising provisions for replacing lost or damaged tags for
33	stone crab traps; authorizing the commission to defer or
34	waive replacement tag fees under certain circumstances;
35	deleting obsolete provisions for the applicability of
36	certain fee and surcharge amounts relating to trap
37	certificates; providing for legislative approval of the
38	commission rule establishing an amount of equitable rent;
39	revising certain administrative penalties; amending s.
40	370.135, F.S., relating to blue crab regulation; requiring
41	commercial harvesters to hold restricted species
42	endorsements; requiring endorsement numbers to be affixed
43	to traps and buoys; providing criteria for buoy markings;
44	providing for transfer of an endorsement when a vessel is
45	replaced; establishing certain endorsement fees for the
46	taking of blue crabs; establishing an annual trap tag fee;
47	authorizing the commission to defer or waive replacement
48	tag fees under certain circumstances; authorizing the
49	commission to establish an amount of equitable rent by
50	rule; providing for legislative approval of the rule;
51	requiring the deposit of certain proceeds into the Marine
52	Resources Conservation Trust Fund; specifying the use of
53	such proceeds; requiring the commission to adopt certain
54	rules; providing administrative penalties for certain
55	violations; prohibiting the unauthorized possession of
56	blue crab trap gear or removal of blue crab trap contents
57	and providing penalties therefor; providing penalties for
58	certain other prohibited activities relating to blue crab
59	traps, lines, buoys, and trap tags; providing penalties
60	for fraudulent reports related to endorsement transfers;
61	prohibiting certain activities during endorsement
62	suspension and revocation; preserving state jurisdiction
63	for certain convictions; providing requirements for
64	certain license renewal; providing for the expiration of
65	certain provisions unless reenacted by the Legislature
66	during the 2009 Regular Session; amending s. 370.14, F.S.;
67	clarifying provisions regulating spiny lobsters; amending
68	s. 370.1405, F.S.; clarifying terminology relating to the
69	spiny lobster; amending s. 370.142, F.S., relating to the
70	spiny lobster trap certificate program; removing certain
71	obsolete provisions; clarifying provisions for
72	transferable trap certificates; providing for legislative
73	approval of the commission rule establishing an amount of
74	equitable rent; deleting obsolete provisions relating to
75	the leasing of spiny lobster trap tags and certificates;
76	authorizing the commission to defer or waive replacement
77	tag fees under certain circumstances; providing
78	administrative penalties for certain violations of the
79	spiny lobster trap certificate program; revising certain
80	administrative penalties; amending s. 370.143, F.S.;
81	revising provisions for certain trap retrieval programs
82	and fees; requiring the commission to waive trap retrieval
83	fees under certain circumstances; amending s. 372.09,
84	F.S.; providing that annual use fees collected from the
85	sale of Largemouth Bass license plates may be used to
86	promote and market the license plates; amending s.
87	372.562, F.S.; specifying certain fishing as exempt from
88	fees and requirements; amending s. 372.57, F.S.;
89	increasing the fees for certain resident and nonresident
90	hunting and fishing licenses; creating a 3-day freshwater
91	fishing license for nonresidents; increasing the fee for
92	specified hunting, fishing, and recreational activity
93	permits; specifying a percentage of revenues from the sale
94	of snook permits that may be used for certain programs;
95	clarifying terminology relating to the spiny lobster;
96	amending s. 372.672, F.S.; authorizing the use of funds
97	from the Florida Panther Research and Management Trust
98	Fund to promote and market the Florida panther license
99	plate; amending s. 861.021, F.S.; clarifying terminology
100	relating to the spiny lobster; amending ss. 372.571,
101	372.661, and 372.83, F.S.; conforming cross-references;
102	reenacting ss. 372.5712(1), 372.5715(1), and 372.573,
103	F.S., relating to revenues from the Florida waterfowl
104	permit, the Florida wild turkey permit, and management
105	area permits, to incorporate the amendment to s. 372.57,
106	F.S., in references thereto; reenacting s. 380.511(1)(c),
107	F.S., relating to the deposit of proceeds from the sale of
108	certain specialty license plates, to incorporate the
109	amendment to s. 320.08058, F.S., in a reference thereto;
110	providing an appropriation to the commission for costs
111	related to the implementation of the blue crab effort
112	management program and the administration of the Blue Crab
113	Advisory Board; providing effective dates.
114
115	Be It Enacted by the Legislature of the State of Florida:
116
117	Section 1.  Subsection (8) of section 20.331, Florida
118	Statutes, is amended and renumbered as subsection (9), present
119	subsections (9), (10), and (11) are renumbered as (10), (11),
120	and (12), respectively, and a new subsection (8) is added to
121	that section, to read:
122	20.331  Fish and Wildlife Conservation Commission.--
123	(8)  LEGISLATIVE AUTHORITY.--The constitutional power
124	granted to the Fish and Wildlife Conservation Commission does
125	not include any authority over marine life retained by the
126	Legislature or vested in any agency other than the Marine
127	Fisheries Commission on March 1, 1998.
128	(9)(8)  ADEQUATE DUE PROCESS PROCEDURES.--
129	(a)  The commission shall adopt a rule establishing
130	implement a system of adequate due process procedures to be
131	accorded to any party, as defined in s. 120.52, whose
132	substantial interests are will be affected by any action of the
133	commission in the performance of its constitutional duties or
134	responsibilities, and the adequate due process procedures
135	adopted by rule shall be published in the Florida Administrative
136	Code.
137	(b)  The Legislature encourages the commission to
138	incorporate into its process the provisions of s. 120.54(3)(c)
139	when adopting rules in the performance of its constitutional
140	duties or responsibilities.
141	(c)  The commission shall follow the provisions of chapter
142	120 when adopting rules in the performance of its statutory
143	duties or responsibilities. For purposes of this subsection, The
144	commission's statutory duties or responsibilities include, but
145	are not limited to:
146	1.  Research and management responsibilities for marine
147	species listed as endangered or threatened, including manatees
148	and marine turtles.;
149	2.  Establishment and enforcement of boating safety
150	regulations.;
151	3.  Land acquisition.;
152	4.  Enforcement and collection of fees for all commercial
153	and recreational hunting or fishing licenses or permits.;
154	5.  Aquatic plant removal using fish as a biological
155	control agent.;
156	6.  Enforcement of penalties for violations of commission
157	rules and state laws, including, but not limited to, the seizure
158	and forfeiture of vessels and other equipment used to commit
159	those violations.;
160	7.  Establishment of free fishing days.;
161	8.  Regulation of off-road vehicles on state lands.;
162	9.  Establishment and coordination of a statewide hunter
163	safety course.;
164	10.  Establishment of programs and activities to develop
165	and distribute public education materials.;
166	11.  Police powers of sworn law enforcement officers.;
167	12.  Establishment of citizen support organizations to
168	provide assistance, funding, and promotional support for
169	programs of the commission.;
170	13.  Creation of the voluntary authorized hunter
171	identification program.; and
172	14.  Regulation of required clothing of persons hunting
173	deer.
174	Section 2.  Paragraph (s) of subsection (4) of section
175	320.08056, Florida Statutes, is amended to read:
176	320.08056  Specialty license plates.--
177	(4)  The following license plate annual use fees shall be
178	collected for the appropriate specialty license plates:
179	(s)  Sea Turtle license plate, $23 $17.50.
180	Section 3.  Paragraphs (c) and (d) are added to subsection
181	(1) of section 320.08058, Florida Statutes, and paragraph (b) of
182	subsection (5) and paragraph (b) of subsection (18) of that
183	section are amended, to read:
184	320.08058  Specialty license plates.--
185	(1)  MANATEE LICENSE PLATES.--
186	(c)  Notwithstanding paragraph (b), up to 10 percent of the
187	annual use fee deposited in the Save the Manatee Trust Fund from
188	the sale of the manatee license plate may be used to promote and
189	market the license plate issued by the Department of Highway
190	Safety and Motor Vehicles after June 30, 2007.
191	(d)  Notwithstanding paragraph (b), during the 2007-2008
192	fiscal year, the annual use fee deposited into the Save the
193	Manatee Trust Fund from the sale of the manatee license plate
194	may be used by the commission to buy back any manatee license
195	plates not issued by the Department of Highway Safety and Motor
196	Vehicles during the 2007-2008 fiscal year. This paragraph
197	expires July 1, 2008.
198	(5)  FLORIDA PANTHER LICENSE PLATES.--
199	(b)  The department shall distribute the Florida panther
200	license plate annual use fee in the following manner:
201	1.  Eighty-five percent must be deposited in the Florida
202	Panther Research and Management Trust Fund in the Fish and
203	Wildlife Conservation Commission to be used for education and
204	programs to protect the endangered Florida panther, and up to 10
205	percent of such deposit may be used to promote and market the
206	license plate.
207	2.  Fifteen percent, but no less than $300,000, must be
208	deposited in the Florida Communities Trust Fund to be used
209	pursuant to the Florida Communities Trust Act.
210	(18)  LARGEMOUTH BASS LICENSE PLATES.--
211	(b)  The annual use fees shall be distributed to the State
212	Game Trust Fund and used by the Fish and Wildlife Conservation
213	Commission to fund current conservation programs that maintain
214	current levels of protection and management of this state's fish
215	and wildlife resources, including providing hunting, fishing,
216	and nonconsumptive wildlife opportunities. Up to 10 percent of
217	the annual use fees deposited into the trust fund may be used to
218	promote and market the license plate.
219	Section 4.  Subsection (4) of section 370.025, Florida
220	Statutes, is amended to read:
221	370.025  Marine fisheries; policy and standards.--
222	(4)  Pursuant to s. 9, Art. IV of the State Constitution,
223	the commission has full constitutional rulemaking authority over
224	marine life, and listed species as defined in s. 372.072(3),
225	except for:
226	(a)  Endangered or threatened marine species for which
227	rulemaking shall be done pursuant to chapter 120; and
228	(b)  The authority to regulate fishing gear in residential,
229	manmade saltwater canals which is retained by the Legislature
230	and specifically not delegated to the commission.
231	(c)  Marine aquaculture products produced by an individual
232	certified under s. 597.004. This exception does not apply to
233	snook, prohibited and restricted marine species identified by
234	rule of the commission, and rulemaking authority granted
235	pursuant to s. 370.027.
236	Section 5.  Paragraph (j) is added to subsection (1) of
237	section 370.0603, Florida Statutes, and paragraphs (c) and (d)
238	of subsection (2) of that section are amended, to read:
239	370.0603  Marine Resources Conservation Trust Fund;
240	purposes.--
241	(1)  The Marine Resources Conservation Trust Fund within
242	the Fish and Wildlife Conservation Commission shall serve as a
243	broad-based depository for funds from various marine-related and
244	boating-related activities and shall be administered by the
245	commission for the purposes of:
246	(j)  Funding for the stone crab trap reduction program
247	under s. 370.13, the blue crab effort management program under
248	s. 370.135, the spiny lobster trap certificate program under s.
249	370.142, and the trap retrieval program under s. 370.143.
250	(2)  The Marine Resources Conservation Trust Fund shall
251	receive the proceeds from:
252	(c)  All fees collected under pursuant to ss. 370.063,
253	370.13, 370.135, 370.142, 370.143, and 372.5704.
254	(d)  All fines and penalties under ss. pursuant to s.
255	370.021, 370.13, 370.135, and 370.142.
256	Section 6.  Paragraph (a) of subsection (1) of section
257	370.1105, Florida Statutes, is amended to read:
258	370.1105  Saltwater finfish; fishing traps regulated.--
259	(1)  It is unlawful for any person, firm, or corporation to
260	set, lay, place, or otherwise attempt to fish for saltwater
261	finfish with any trap other than:
262	(a)  A crab, spiny lobster crawfish, or shrimp trap
263	specifically permitted under s. 370.13, s. 370.135, s. 370.14,
264	or s. 370.15;
265	Section 7.  Paragraphs (d) and (e) are added to subsection
266	(4) of section 370.12, Florida Statutes, to read:
267	370.12  Marine animals; regulation.--
268	(4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
269	(d)  Up to 10 percent of the annual use fee deposited in
270	the Save the Manatee Trust Fund from the sale of the manatee
271	license plate authorized in s. 320.08058 may be used to promote
272	and market the license plate issued by the Department of Highway
273	Safety and Motor Vehicles after June 30, 2007.
274	(e)  During the 2007-2008 fiscal year, the annual use fee
275	deposited into the Save the Manatee Trust Fund from the sale of
276	the manatee license plate authorized in s. 320.08058 may be used
277	by the commission to buy back any manatee license plates not
278	issued by the Department of Highway Safety and Motor Vehicles.
279	This paragraph expires July 1, 2008.
280	Section 8.  Paragraphs (b), (d), and (e) of subsection (1)
281	and paragraph (a) of subsection (2) of section 370.13, Florida
282	Statutes, are amended to read:
283	370.13  Stone crab; regulation.--
284	(1)  FEES AND EQUITABLE RENT.--
285	(b)  Certificate fees.--
286	1.  For each trap certificate issued by the commission
287	under the requirements of the stone crab trap limitation program
288	established by commission rule, there is an annual fee of 50
289	cents per certificate. Replacement tags for lost or damaged tags
290	cost 50 cents each plus the cost of shipping. In the event of a
291	major natural disaster, such as a hurricane or major storm, that
292	causes massive trap losses within an area declared by the
293	Governor to be a disaster emergency area, the commission may
294	temporarily defer or waive replacement tag fees, except that
295	tags lost in the event of a major natural disaster declared as
296	an emergency disaster by the Governor shall be replaced for the
297	cost of the tag as incurred by the commission.
298	2.  The fee for transferring trap certificates is $1 per
299	certificate transferred, except that the fee for eligible crew
300	members is 50 cents per certificate transferred. Eligible crew
301	members shall be determined according to criteria established by
302	rule of the commission. Payment must be made by money order or
303	cashier's check, submitted with the certificate transfer form
304	developed by the commission.
305	3.  In addition to the transfer fee, a surcharge of $1 per
306	certificate transferred, or 25 percent of the actual value of
307	the transferred certificate, whichever is greater, will be
308	assessed the first time a certificate is transferred outside the
309	original holder's immediate family.
310	4.  Transfer fees and surcharges only apply to the actual
311	number of certificates received by the purchaser. A transfer of
312	a certificate is not effective until the commission receives a
313	notarized copy of the bill of sale as proof of the actual value
314	of the transferred certificate or certificates, which must also
315	be submitted with the transfer form and payment.
316	5.  A transfer fee will not be assessed or required when
317	the transfer is within a family as a result of the death or
318	disability of the certificate owner. A surcharge will not be
319	assessed for any transfer within an individual's immediate
320	family.
321	6.  The fees and surcharge amounts in this paragraph apply
322	in the 2005-2006 license year and subsequent years.
323	(d)  Equitable rent.--The commission may establish by rule
324	an amount of equitable rent per trap certificate that may be
325	recovered as partial compensation to the state for the enhanced
326	access to its natural resources. In determining whether to
327	establish such a rent and the amount thereof, the commission may
328	consider the amount of revenues annually generated by
329	endorsement fees, trap certificate fees, transfer fees,
330	surcharges, replacement trap tag fees, trap retrieval fees,
331	incidental take endorsement fees, and the continued economic
332	viability of the commercial stone crab industry. A rule
333	establishing an amount of equitable rent shall become effective
334	only after approval by the Legislature Final approval of such a
335	rule shall be by the Governor and Cabinet sitting as the Board
336	of Trustees of the Internal Improvement Trust Fund.
337	(e)  Disposition of fees, surcharges, civil penalties and
338	fines, and equitable rent.--Endorsement fees, trap certificate
339	fees, transfer fees, civil penalties and fines, surcharges,
340	replacement trap tag fees, trap retrieval fees, incidental take
341	endorsement fees, and equitable rent, if any, must be deposited
342	in the Marine Resources Conservation Trust Fund. Up to Not more
343	than 50 percent of the revenues generated under this section may
344	be used for operation and administration of the stone crab trap
345	limitation program. All The remaining revenues so generated must
346	under this program are to be used for trap retrieval, management
347	of the stone crab fishery, public education activities,
348	evaluation of the impact of trap reductions on the stone crab
349	fishery, and enforcement activities in support of the stone crab
350	trap limitation program.
351	(2)  PENALTIES.--For purposes of this subsection,
352	conviction is any disposition other than acquittal or dismissal,
353	regardless of whether the violation was adjudicated under any
354	state or federal law.
355	(a)  It is unlawful to violate commission rules regulating
356	stone crab trap certificates and trap tags. No person may use an
357	expired tag or a stone crab trap tag not issued by the
358	commission or possess or use a stone crab trap in or on state
359	waters or adjacent federal waters without having a trap tag
360	required by the commission firmly attached thereto.
361	1.  In addition to any other penalties provided in s.
362	370.021, for any commercial harvester who violates this
363	paragraph, the following administrative penalties apply.
364	a.  For a first violation, the commission shall assess an
365	administrative penalty of up to $1,000 and the stone crab
366	endorsement under which the violation was committed may be
367	suspended for the remainder of the current license year.
368	b.  For a second violation that occurs within 24 months of
369	any previous such violation, the commission shall assess an
370	administrative penalty of up to $2,000 and the stone crab
371	endorsement under which the violation was committed may be
372	suspended for 12 calendar months.
373	c.  For a third violation that occurs within 36 months of
374	any previous two such violations, the commission shall assess an
375	administrative penalty of up to $5,000 and the stone crab
376	endorsement under which the violation was committed may be
377	suspended for 24 calendar months.
378	d.  A fourth violation that occurs within 48 months of any
379	three previous such violations, shall result in permanent
380	revocation of all of the violator's saltwater fishing
381	privileges, including having the commission proceed against the
382	endorsement holder's saltwater products license in accordance
383	with s. 370.021.
384	2.  Any other person who violates the provisions of this
385	paragraph commits a Level Two violation under s. 372.83.
386
387	Any commercial harvester assessed an administrative penalty
388	under this paragraph shall, within 30 calendar days after
389	notification, pay the administrative penalty to the commission,
390	or request an administrative hearing under ss. 120.569 and
391	120.57. The proceeds of all administrative penalties collected
392	under this paragraph shall be deposited in the Marine Resources
393	Conservation Trust Fund.
394	Section 9.  Section 370.135, Florida Statutes, is amended
395	to read:
396	370.135  Blue crab; regulation.--
397	(1)(a)  No commercial harvester shall transport on the
398	water, fish with or cause to be fished with, set, or place any
399	trap designed for taking blue crabs unless such commercial
400	harvester holds is the holder of a valid saltwater products
401	license and restricted species endorsement issued under pursuant
402	to s. 370.06 and a blue crab endorsement issued under this
403	section. Each trap shall have the harvester's blue crab
404	endorsement number permanently affixed to it. Each buoy attached
405	to such a trap shall also have the harvester's blue crab
406	endorsement the trap has a current state number permanently
407	attached to the buoy. The blue crab endorsement trap number
408	shall be affixed in legible figures at least 2 inches 1 inch
409	high on each buoy used. The saltwater products license must be
410	on board the boat, and both the license and the crabs shall be
411	subject to inspection at all times. Only one trap number may be
412	issued for each boat by the commission upon receipt of an
413	application on forms prescribed by it. This subsection shall not
414	apply to an individual fishing with no more than five traps.
415	(b)  It is unlawful for any person willfully to molest any
416	blue crab traps, lines, or buoys, as defined herein, belonging
417	to another without the express written consent of the trap
418	owner.
419	1.  A commercial harvester who violates this paragraph
420	commits a felony of the third degree, punishable as provided in
421	s. 775.082, s. 775.083, or s. 775.084.
422	2.  Any other person who violates this paragraph commits a
423	Level Four violation under s. 372.83.
424
425	Any commercial harvester receiving a judicial disposition other
426	than dismissal or acquittal on a charge of willful molestation
427	of a trap, in addition to the penalties specified in s. 370.021,
428	shall lose all saltwater fishing privileges for a period of 24
429	calendar months.
430	(c)1.  It is unlawful for any person to remove the contents
431	of or take possession of another harvester's blue crab trap
432	without the express written consent of the trap owner available
433	for immediate inspection. Unauthorized possession of another's
434	trap gear or removal of trap contents constitutes theft.
435	a.  Any commercial harvester receiving a judicial
436	disposition other than dismissal or acquittal on a charge of
437	theft of or from a trap pursuant to this section or s. 370.1107
438	shall, in addition to the penalties specified in s. 370.021 and
439	the provisions of this section, permanently lose all saltwater
440	fishing privileges, including any saltwater products license and
441	blue crab endorsement. In such cases endorsements are
442	nontransferable.
443	b.  In addition, any commercial harvester receiving a
444	judicial disposition other than dismissal or acquittal for
445	violating this subsection or s. 370.1107 shall also be assessed
446	an administrative penalty of up to $5,000. Immediately upon
447	receiving a citation for a violation involving theft of or from
448	a trap and until adjudicated for such a violation, or receiving
449	a judicial disposition other than dismissal or acquittal for
450	such a violation, the commercial harvester committing the
451	violation is prohibited from transferring any blue crab
452	endorsements.
453	2.  A commercial harvester who violates this paragraph
454	shall be punished under s. 370.021. Any other person who
455	violates this paragraph commits a Level Two violation under s.
456	372.83.
457	(2)  No person shall harvest blue crabs with more than five
458	traps, harvest blue crabs in commercial quantities, or sell blue
459	crabs unless such person holds a valid saltwater products
460	license with a restricted species endorsement issued under s.
461	370.06 and a blue crab endorsement (trap number) issued under
462	pursuant to this section subsection.
463	(a)  Effective June 1, 1998, and until July 1, 2002, no
464	blue crab endorsement (trap number), except those endorsements
465	that are active during the 1997-1998 fiscal year, shall be
466	renewed or replaced.
467	(b)  Effective January 1, 1999, and until July 1, 2002, a
468	trap number holder, or members of his or her immediate family,
469	must request renewal of the endorsement prior to September 30 of
470	each year.
471	(c)  If a person holding an active blue crab endorsement,
472	or a member of that person's immediate family, does not request
473	renewal of the endorsement before the applicable dates as
474	specified in this subsection, the commission shall deactivate
475	that endorsement.
476	(a)(d)  In the event of the death or disability of a person
477	holding an active blue crab endorsement, the endorsement may be
478	transferred by the person to a member of his or her immediate
479	family or may be renewed by any person so designated by the
480	executor of the person's estate.
481	(b)  A commercial harvester who holds a saltwater products
482	license and a blue crab endorsement that is issued to the
483	commercial harvester's vessel registration number and who
484	replaces an existing vessel with a new vessel may transfer the
485	existing blue crab endorsement to the saltwater products license
486	of the new vessel.
487	(e)  Persons who hold saltwater products licenses with blue
488	crab endorsements issued to their boat registration numbers and
489	who subsequently replace their existing vessels with new vessels
490	shall be permitted to transfer the existing licenses to the new
491	boat registration numbers.
492	(3)(a)  Endorsement fees.--
493	1.  The fee for a hard-shell blue crab endorsement for the
494	taking of hard-shell blue crabs, as authorized by rule of the
495	commission, is $125, $25 of which must be used solely for the
496	trap retrieval program authorized under s. 370.143 and in
497	commission rules.
498	2.  The fee for a soft-shell blue crab endorsement for the
499	taking of soft-shell blue crabs, as authorized by rule of the
500	commission, is $250, $25 of which must be used solely for the
501	trap retrieval program authorized under s. 370.143 and in
502	commission rules.
503	3.  The fee for a nontransferable hard-shell blue crab
504	endorsement for the taking of hard-shell blue crabs, as
505	authorized by rule of the commission, is $125, $25 of which must
506	be used solely for the trap retrieval program authorized under
507	s. 370.143 and in commission rules.
508	4.  The fee for an incidental take blue crab endorsement
509	for the taking of blue crabs as bycatch in shrimp trawls and
510	stone crab traps is $25, as authorized in commission rules.
511	(b)  Trap tag fees.--The annual fee for each trap tag
512	issued by the commission under the requirements of the blue crab
513	effort management program established by rule of the commission
514	is 50 cents per tag. The fee for replacement tags for lost or
515	damaged tags is 50 cents per tag plus the cost of shipping. In
516	the event of a major natural disaster, such as a hurricane or
517	major storm, that causes massive trap losses within an area
518	declared by the Governor to be a disaster emergency area, the
519	commission may temporarily defer or waive replacement tag fees.
520	(c)  Equitable rent.--The commission may establish by rule
521	an amount of equitable rent that may be recovered as partial
522	compensation to the state for the enhanced access to its natural
523	resources. In determining whether to establish such a rent and
524	the amount thereof, the commission may consider the amount of
525	revenues annually generated by endorsement fees, trap tag fees,
526	replacement trap tag fees, trap retrieval fees, and the
527	continued economic viability of the commercial blue crab
528	industry. A rule establishing an amount of equitable rent shall
529	become effective only upon approval by act of the Legislature.
530	(d)  Disposition of moneys generated from fees and
531	administrative penalties.--Moneys generated from the sale of
532	blue crab endorsements, trap tags, and replacement trap tags or
533	from the assessment of administrative penalties by the
534	commission under this section shall be deposited into the Marine
535	Resources Conservation Trust Fund. Up to 50 percent of the
536	moneys generated from the sale of endorsements and trap tags and
537	the assessment of administrative penalties may be used for the
538	operation and administration of the blue crab effort management
539	program. The remaining moneys generated from the sale of
540	endorsements and trap tags and the assessment of administrative
541	penalties may be used for trap retrieval; management of the blue
542	crab fishery; and public education activities, research, and
543	enforcement activities in support of the blue crab effort
544	management program.
545	(e)  Waiver of fees.--For the 2007-2008 license year, the
546	commission shall waive all fees under this subsection for all
547	persons who qualify by September 30, 2007, to participate in the
548	blue crab effort management program established by commission
549	rule.
550	(4)(a)  Untagged trap penalties.--By July 1, 2008, the
551	commission shall adopt by rule the administrative penalties
552	authorized by this subsection. In addition to any other
553	penalties provided in s. 370.021 for any blue crab endorsement
554	holder who violates commission rules requiring the placement of
555	trap tags for traps used for the directed harvest of blue crabs,
556	the following administrative penalties apply:
557	1.  For a first violation, the commission shall assess an
558	administrative penalty of up to $1,000.
559	2.  For a second violation that occurs within 24 months
560	after any previous such violation, the commission shall assess
561	an administrative penalty of up to $2,000, and the blue crab
562	endorsement holder's blue crab fishing privileges may be
563	suspended for 12 calendar months.
564	3.  For a third violation that occurs within 36 months
565	after any two previous such violations, the commission shall
566	assess an administrative penalty of up to $5,000, and the blue
567	crab endorsement holder's blue crab fishing privileges may be
568	suspended for 24 calendar months.
569	4.  A fourth violation that occurs within 48 months after
570	any three previous such violations shall result in permanent
571	revocation of all of the violator's saltwater fishing
572	privileges, including having the commission proceed against the
573	endorsement holder's saltwater products license in accordance
574	with s. 370.021.
575
576	Any blue crab endorsement holder assessed an administrative
577	penalty under this paragraph shall, within 30 calendar days
578	after notification, pay the administrative penalty to the
579	commission or request an administrative hearing under ss.
580	120.569 and 120.57.
581	(b)  Trap theft; prohibitions and penalties.--It is
582	unlawful for any person to remove or take possession of the
583	contents of another harvester's blue crab trap without the
584	express written consent of the trap owner, which must be
585	available for immediate inspection. Unauthorized possession of
586	another harvester's blue crab trap gear or removal of trap
587	contents constitutes theft.
588	1.  Any commercial harvester receiving a judicial
589	disposition other than dismissal or acquittal on a charge of
590	theft of or from a trap as prohibited by this paragraph shall,
591	in addition to the penalties specified in s. 370.021 and this
592	section, permanently lose all saltwater fishing privileges,
593	including any saltwater products licenses, blue crab
594	endorsements, and blue crab trap tags allotted to him or her by
595	the commission. In such cases, endorsements are nontransferable.
596	2.  In addition, any commercial harvester receiving a
597	judicial disposition other than dismissal or acquittal for
598	violating this paragraph shall also be assessed an
599	administrative penalty of up to $5,000. Immediately upon receipt
600	of a citation for a violation involving theft of or from a trap
601	and until adjudicated for such a violation, or upon receipt of a
602	judicial disposition other than dismissal or acquittal for such
603	a violation, the commercial harvester committing the violation
604	is prohibited from transferring any blue crab endorsements.
605	3.  A commercial harvester who violates this paragraph
606	shall be punished under s. 370.021. Any other person who
607	violates this paragraph commits a Level Two violation under s.
608	372.83.
609	(c)  Criminal activities prohibited.--
610	1.  It is unlawful for any commercial harvester or any
611	other person to:
612	a.  Willfully molest any blue crab trap, line, or buoy that
613	is the property of any licenseholder without the permission of
614	that licenseholder.
615	b.  Barter, trade, lease, or sell a blue crab trap tag or
616	conspire or aid in such barter, trade, lease, or sale unless
617	duly authorized by commission rules.
618	c.  Supply, agree to supply, aid in supplying, or give away
619	a blue crab trap tag unless duly authorized by commission rules.
620	d.  Make, alter, forge, counterfeit, or reproduce a blue
621	crab trap tag.
622	e.  Possess an altered, forged, counterfeit, or imitation
623	blue crab trap tag.
624	f.  Possess a number of original trap tags or replacement
625	trap tags, the sum of which exceeds by 1 percent the number of
626	traps allowed by commission rules.
627	g.  Engage in the commercial harvest of blue crabs while
628	the blue crab endorsements of the licenseholder are under
629	suspension or revocation.
630	2.  Immediately upon receiving a citation involving a
631	violation of this paragraph and until adjudicated for such a
632	violation, a commercial harvester is prohibited from
633	transferring any blue crab endorsement.
634	3.  A commercial harvester convicted of violating this
635	paragraph commits a felony of the third degree, punishable as
636	provided in s. 775.082, s. 775.083, or s. 775.084, shall also be
637	assessed an administrative penalty of up to $5,000, and is
638	immediately prohibited from transferring any blue crab
639	endorsement. All blue crab endorsements issued to a commercial
640	harvester convicted of violating this paragraph may be suspended
641	for up to 24 calendar months.
642	4.  Any other person convicted of violating this paragraph
643	commits a Level Four violation under s. 372.83.
644	(d)  Endorsement transfers; fraudulent reports;
645	penalties.--For a commercial harvester convicted of fraudulently
646	reporting the actual value of transferred blue crab
647	endorsements, the commission may automatically suspend or
648	permanently revoke the seller's or the purchaser's blue crab
649	endorsements. If the endorsement is permanently revoked, the
650	commission shall also permanently deactivate the endorsement
651	holder's blue crab trap tag accounts.
652	(e)  Prohibitions during endorsement suspension and
653	revocation.--During any period of suspension or after revocation
654	of a blue crab endorsement holder's endorsements, he or she
655	shall, within 15 days after notice provided by the commission,
656	remove from the water all traps subject to that endorsement.
657	Failure to do so shall extend the period of suspension for an
658	additional 6 calendar months.
659	(5)  For purposes of this section, a conviction is any
660	disposition other than acquittal or dismissal.
661	(6)  A blue crab endorsement may not be renewed until all
662	fees and administrative penalties imposed under this section are
663	paid.
664	(7)  Subsections (3), (4), (5), and (6) shall expire on
665	July 1, 2009, unless reenacted by the Legislature during the
666	2009 Regular Session.
667	Section 10.  Subsections (2) and (3) of section 370.14,
668	Florida Statutes, are amended to read:
669	370.14  Spiny lobster; regulation.--
670	(2)(a)1.  Each commercial harvester taking or attempting to
671	take spiny lobster with a trap in commercial quantities or for
672	commercial purposes shall obtain and exhibit a spiny lobster
673	endorsement trap number, as required by the Fish and Wildlife
674	Conservation Commission. The annual fee for a spiny lobster
675	endorsement trap number is $125. This endorsement trap number
676	may be issued by the commission upon the receipt of application
677	by the commercial harvester when accompanied by the payment of
678	the fee. The design of the applications and of the trap tag
679	number shall be determined by the commission. Any trap or device
680	used in taking or attempting to take spiny lobster, other than a
681	trap with the endorsement trap number, shall be seized and
682	destroyed by the commission. The proceeds of the fees imposed by
683	this paragraph shall be deposited and used as provided in
684	paragraph (b). The commission may adopt rules to carry out the
685	intent of this section.
686	2.  Each commercial harvester taking or attempting to take
687	spiny lobster in commercial quantities or for commercial
688	purposes by any method, other than with a trap having a spiny
689	lobster endorsement trap number issued by the commission, must
690	pay an annual fee of $100.
691	(b)  Twenty-five dollars of the $125 fee for a spiny
692	lobster endorsement trap number required under subparagraph
693	(a)1. must be used only for trap retrieval as provided in s.
694	370.143. The remainder of the fees collected under pursuant to
695	paragraph (a) shall be deposited as follows:
696	1.  Fifty percent of the fees collected shall be deposited
697	in the Marine Resources Conservation Trust Fund for use in
698	enforcing the provisions of paragraph (a) through aerial and
699	other surveillance and trap retrieval.
700	2.  Fifty percent of the fees collected shall be deposited
701	as provided in s. 370.142(5).
702	(3)  The spiny lobster endorsement license must be on board
703	the boat, and both the endorsement license and the harvested
704	spiny lobster shall be subject to inspection at all times. Only
705	one endorsement license shall be issued for each boat. The spiny
706	lobster endorsement license number must be prominently displayed
707	above the topmost portion of the boat so as to be easily and
708	readily identified.
709	Section 11.  Section 370.1405, Florida Statutes, is amended
710	to read:
711	370.1405  Spiny lobster Crawfish reports by dealers during
712	closed season required.--
713	(1)  Within 3 days after the commencement of the closed
714	season for the taking of spiny lobster saltwater crawfish, each
715	and every seafood dealer, either retail or wholesale, intending
716	to possess whole spiny lobster crawfish, spiny lobster crawfish
717	tails, or spiny lobster crawfish meat during closed season shall
718	submit to the Fish and Wildlife Conservation Commission, on
719	forms provided by the commission, a sworn report of the
720	quantity, in pounds, of saltwater whole spiny lobster crawfish,
721	spiny lobster crawfish tails, and spiny lobster crawfish meat in
722	the dealer's name or possession as of the date the season
723	closed. This report shall state the location and number of
724	pounds of whole spiny lobster crawfish, spiny lobster crawfish
725	tails, and spiny lobster crawfish meat. The commission shall not
726	accept any reports not delivered or postmarked by midnight of
727	the 3rd calendar day after the commencement of the closed
728	season, and any stocks of spiny lobster crawfish reported
729	therein are declared a nuisance and may be seized by the
730	commission.
731	(2)  Failure to submit a report as described in subsection
732	(1) or reporting a greater or lesser amount of whole spiny
733	lobster crawfish, spiny lobster crawfish tails, or spiny lobster
734	crawfish meat than is actually in the dealer's possession or
735	name is a major violation of this chapter, punishable as
736	provided in s. 370.021(1), s. 370.07(6)(b), or both. The
737	commission shall seize the entire supply of unreported or
738	falsely reported whole spiny lobster crawfish, spiny lobster
739	crawfish tails, or spiny lobster crawfish meat, and shall carry
740	the same before the court for disposal. The dealer shall post a
741	cash bond in the amount of the fair value of the entire quantity
742	of unreported or falsely reported spiny lobster crawfish as
743	determined by the judge. After posting the cash bond, the dealer
744	shall have 24 hours to transport said products outside the
745	limits of Florida for sale as provided by s. 370.061. Otherwise,
746	the product shall be declared a nuisance and disposed of by the
747	commission according to law.
748	(3)  All dealers having reported stocks of spiny lobster
749	crawfish may sell or offer to sell such stocks of crawfish;
750	however, such dealers shall submit an additional report on the
751	last day of each month during the duration of the closed season.
752	Reports shall be made on forms supplied by the commission. Each
753	dealer shall state on this report the number of pounds brought
754	forward from the previous report period, the number of pounds
755	sold during the report period, the number of pounds, if any,
756	acquired from a licensed wholesale dealer during the report
757	period, and the number of pounds remaining on hand. In every
758	case, the amount of spiny lobster crawfish sold plus the amount
759	reported on hand shall equal the amount acquired plus the amount
760	reported remaining on hand in the last submitted report. Copies
761	of records or invoices documenting the number of pounds acquired
762	during the closed season must be maintained by the wholesale or
763	retail dealer and shall be kept available for inspection by the
764	commission for a period not less than 3 years from the date of
765	the recorded transaction. Reports postmarked later than midnight
766	on the 3rd calendar day of each month during the duration of the
767	closed season will not be accepted by the commission. Dealers
768	for which late supplementary reports are not accepted by the
769	commission must show just cause why their entire stock of whole
770	spiny lobster crawfish, spiny lobster crawfish tails, or spiny
771	lobster crawfish meat should not be seized by the commission.
772	Whenever a dealer fails to timely submit the monthly
773	supplementary report as described in this subsection, the dealer
774	may be subject to the following civil penalties:
775	(a)  For a first violation, the commission shall assess a
776	civil penalty of $500.
777	(b)  For a second violation within the same spiny lobster
778	crawfish closed season, the commission shall assess a civil
779	penalty of $1,000.
780	(c)  For a third violation within the same spiny lobster
781	crawfish closed season, the commission shall assess a civil
782	penalty of $2,500 and may seize said dealer's entire stock of
783	whole spiny lobster crawfish, spiny lobster crawfish tails, or
784	spiny lobster crawfish meat and carry the same before the court
785	for disposal. The dealer shall post a cash bond in the amount of
786	the fair value of the entire remaining quantity of spiny lobster
787	crawfish as determined by the judge. After posting the cash
788	bond, a dealer shall have 24 hours to transport said products
789	outside the limits of Florida for sale as provided by s.
790	370.061. Otherwise, the product shall be declared a nuisance and
791	disposed of by the commission according to law.
792	(4)  All seafood dealers shall at all times during the
793	closed season make their stocks of whole spiny lobster crawfish,
794	spiny lobster crawfish tails, or spiny lobster crawfish meat
795	available for inspection by the commission.
796	(5)  Each wholesale and retail dealer in whole spiny
797	lobster crawfish, spiny lobster crawfish tails, or spiny lobster
798	crawfish meat shall keep throughout the period of the spiny
799	lobster crawfish closed season copies of the bill of sale or
800	invoice covering each transaction involving whole spiny lobster
801	crawfish, spiny lobster crawfish tails, or spiny lobster
802	crawfish meat. Such invoices and bills shall be kept available
803	at all times for inspection by the commission.
804	(6)  The Fish and Wildlife Conservation Commission may
805	adopt rules incorporating by reference such forms as are
806	necessary to administer this section.
807	Section 12.  Subsection (2) of section 370.142, Florida
808	Statutes, is amended to read:
809	370.142  Spiny lobster trap certificate program.--
810	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
811	PENALTIES.--The Fish and Wildlife Conservation Commission shall
812	establish a trap certificate program for the spiny lobster
813	fishery of this state and shall be responsible for its
814	administration and enforcement as follows:
815	(a)  Transferable trap certificates.--Each holder of a
816	saltwater products license who uses traps for taking or
817	attempting to take spiny lobsters shall be required to have a
818	certificate on record for each trap possessed or used therefor,
819	except as otherwise provided in this section.
820	1.  The Department of Environmental Protection shall
821	initially allot such certificates to each licenseholder with a
822	current crawfish trap number who uses traps. The number of such
823	certificates allotted to each such licenseholder shall be based
824	on the trap/catch coefficient established pursuant to trip
825	ticket records generated under the provisions of s. 370.06(2)
826	over a 3-year base period ending June 30, 1991. The trap/catch
827	coefficient shall be calculated by dividing the sum of the
828	highest reported single license-year landings up to a maximum of
829	30,000 pounds for each such licenseholder during the base period
830	by 700,000. Each such licenseholder shall then be allotted the
831	number of certificates derived by dividing his or her highest
832	reported single license-year landings up to a maximum of 30,000
833	pounds during the base period by the trap/catch coefficient.
834	Nevertheless, no licenseholder with a current crawfish trap
835	number shall be allotted fewer than 10 certificates. However,
836	certificates may only be issued to individuals; therefore, all
837	licenseholders other than individual licenseholders shall
838	designate the individual or individuals to whom their
839	certificates will be allotted and the number thereof to each, if
840	more than one. After initial issuance, Trap certificates are
841	transferable on a market basis and may be transferred from one
842	licenseholder to another for a fair market value agreed upon
843	between the transferor and transferee. Each such transfer shall,
844	within 72 hours thereof, be recorded on a notarized form
845	provided for that purpose by the Fish and Wildlife Conservation
846	Commission and hand delivered or sent by certified mail, return
847	receipt requested, to the commission for recordkeeping purposes.
848	In addition, In order to cover the added administrative costs of
849	the program and to recover an equitable natural resource rent
850	for the people of the state, a transfer fee of $2 per
851	certificate transferred shall be assessed against the purchasing
852	licenseholder and sent by money order or cashier's check with
853	the certificate transfer form. Also, in addition to the transfer
854	fee, a surcharge of $5 per certificate transferred or 25 percent
855	of the actual market value, whichever is greater, given to the
856	transferor shall be assessed the first time a certificate is
857	transferred outside the original transferor's immediate family.
858	No transfer of a certificate shall be effective until the
859	commission receives the notarized transfer form and the transfer
860	fee, including any surcharge, is paid. The commission may
861	establish by rule an amount of equitable rent per trap
862	certificate that shall be recovered as partial compensation to
863	the state for the enhanced access to its natural resources. A
864	rule establishing an amount of equitable rent shall become
865	effective only after approval by the Legislature Final approval
866	of such a rule shall be by the Governor and Cabinet sitting as
867	the Board of Trustees of the Internal Improvement Trust Fund. In
868	determining whether to establish such a rent and, if so, the
869	amount thereof, the commission shall consider the amount of
870	revenues annually generated by certificate fees, transfer fees,
871	surcharges, trap license fees, and sales taxes, the demonstrated
872	fair market value of transferred certificates, and the continued
873	economic viability of the commercial lobster industry. All The
874	proceeds of equitable rent recovered shall be deposited in the
875	Marine Resources Conservation Trust Fund and used by the
876	commission for research, management, and protection of the spiny
877	lobster fishery and habitat. A transfer fee may not be assessed
878	or required when the transfer is within a family as a result of
879	the death or disability of the certificate owner. A surcharge
880	will not be assessed for any transfer within an individual's
881	immediate family.
882	2.  No person, firm, corporation, or other business entity
883	may control, directly or indirectly, more than 1.5 percent of
884	the total available certificates in any license year.
885	3.  The commission shall maintain records of all
886	certificates and their transfers and shall annually provide each
887	licenseholder with a statement of certificates held.
888	4.  The number of trap tags issued annually to each
889	licenseholder shall not exceed the number of certificates held
890	by the licenseholder at the time of issuance, and such tags and
891	a statement of certificates held shall be issued simultaneously.
892	5.  Beginning July 1, 2003, and applicable to the 2003-2004
893	lobster season and thereafter, It is unlawful for any person to
894	lease spiny lobster trap tags or certificates.
895	(b)  Trap tags.--Each trap used to take or attempt to take
896	spiny lobsters in state waters or adjacent federal waters shall,
897	in addition to the spiny lobster endorsement crawfish trap
898	number required by s. 370.14(2), have affixed thereto an annual
899	trap tag issued by the commission. Each such tag shall be made
900	of durable plastic or similar material and shall, based on the
901	number of certificates held, have stamped thereon the owner's
902	license number. To facilitate enforcement and recordkeeping,
903	such tags shall be issued each year in a color different from
904	that of each of the previous 3 years. The annual certificate fee
905	shall be $1 per certificate. Replacement tags for lost or
906	damaged tags may be obtained as provided by rule of the
907	commission. In the event of a major natural disaster, such as a
908	hurricane or major storm, that causes massive trap losses within
909	an area declared by the Governor to be a disaster emergency
910	area, the commission may temporarily defer or waive replacement
911	tag fees.
912	(c)  Prohibitions; penalties.--
913	1.  It is unlawful for a person to possess or use a spiny
914	lobster trap in or on state waters or adjacent federal waters
915	without having affixed thereto the trap tag required by this
916	section. It is unlawful for a person to possess or use any other
917	gear or device designed to attract and enclose or otherwise aid
918	in the taking of spiny lobster by trapping that is not a trap as
919	defined by commission rule.
920	2.  It is unlawful for a person to possess or use spiny
921	lobster trap tags without having the necessary number of
922	certificates on record as required by this section.
923	3.  It is unlawful for any person to willfully molest, take
924	possession of, or remove the contents of another harvester's
925	spiny lobster trap without the express written consent of the
926	trap owner available for immediate inspection. Unauthorized
927	possession of another's trap gear or removal of trap contents
928	constitutes theft.
929	a.  A commercial harvester who violates this subparagraph
930	shall be punished under ss. 370.021 and 370.14. Any commercial
931	harvester receiving a judicial disposition other than dismissal
932	or acquittal on a charge of theft of or from a trap pursuant to
933	this subparagraph or s. 370.1107 shall, in addition to the
934	penalties specified in ss. 370.021 and 370.14 and the provisions
935	of this section, permanently lose all his or her saltwater
936	fishing privileges, including his or her saltwater products
937	license, spiny lobster endorsement, and all trap certificates
938	allotted to him or her through this program. In such cases, trap
939	certificates and endorsements are nontransferable.
940	b.  Any commercial harvester receiving a judicial
941	disposition other than dismissal or acquittal on a charge of
942	willful molestation of a trap, in addition to the penalties
943	specified in ss. 370.021 and 370.14, shall lose all saltwater
944	fishing privileges for a period of 24 calendar months.
945	c.  In addition, any commercial harvester charged with
946	violating this subparagraph paragraph and receiving a judicial
947	disposition other than dismissal or acquittal for violating this
948	subparagraph or s. 370.1107 shall also be assessed an
949	administrative penalty of up to $5,000.
950
951	Immediately upon receiving a citation for a violation involving
952	theft of or from a trap, or molestation of a trap, and until
953	adjudicated for such a violation or, upon receipt of a judicial
954	disposition other than dismissal or acquittal of such a
955	violation, the commercial harvester person, firm, or corporation
956	committing the violation is prohibited from transferring any
957	spiny lobster trap certificates and endorsements.
958	4.  In addition to any other penalties provided in s.
959	370.021, a commercial harvester who violates the provisions of
960	this section or commission rules relating to spiny lobster traps
961	shall be punished as follows:
962	a.  If the first violation is for violation of subparagraph
963	1. or subparagraph 2., the commission shall assess an additional
964	administrative penalty of up to $1,000 and the spiny lobster
965	trap number issued pursuant to s. 370.14(2) or (6) may be
966	suspended for the remainder of the current license year. For all
967	other first violations, the commission shall assess an
968	additional administrative penalty of up to $500.
969	b.  For a second violation of subparagraph 1. or
970	subparagraph 2. which occurs within 24 months of any previous
971	such violation, the commission shall assess an additional
972	administrative penalty of up to $2,000 and the spiny lobster
973	endorsement trap number issued under pursuant to s. 370.14(2) or
974	(6) may be suspended for the remainder of the current license
975	year.
976	c.  For a third or subsequent violation of subparagraph 1.,
977	subparagraph 2., or subparagraph 3. which occurs within 36
978	months of any previous two such violations, the commission shall
979	assess an additional administrative penalty of up to $5,000 and
980	may suspend the spiny lobster endorsement trap number issued
981	under pursuant to s. 370.14(2) or (6) for a period of up to 24
982	months or may revoke the spiny lobster endorsement trap number
983	and, if revoking the spiny lobster endorsement trap number, may
984	also proceed against the licenseholder's saltwater products
985	license in accordance with the provisions of s. 370.021(2)(h).
986	d.  Any person assessed an additional administrative
987	penalty pursuant to this section shall within 30 calendar days
988	after notification:
989	(I)  Pay the administrative penalty to the commission; or
990	(II)  Request an administrative hearing pursuant to the
991	provisions of ss. 120.569 and 120.57.
992	e.  The commission shall suspend the spiny lobster
993	endorsement trap number issued under pursuant to s. 370.14(2) or
994	(6) for any person failing to comply with the provisions of sub-
995	subparagraph d.
996	5.a.  It is unlawful for any person to make, alter, forge,
997	counterfeit, or reproduce a spiny lobster trap tag or
998	certificate.
999	b.  It is unlawful for any person to knowingly have in his
1000	or her possession a forged, counterfeit, or imitation spiny
1001	lobster trap tag or certificate.
1002	c.  It is unlawful for any person to barter, trade, sell,
1003	supply, agree to supply, aid in supplying, or give away a spiny
1004	lobster trap tag or certificate or to conspire to barter, trade,
1005	sell, supply, aid in supplying, or give away a spiny lobster
1006	trap tag or certificate unless such action is duly authorized by
1007	the commission as provided in this chapter or in the rules of
1008	the commission.
1009	6.a.  Any commercial harvester who violates the provisions
1010	of subparagraph 5., or any commercial harvester who engages in
1011	the commercial harvest, trapping, or possession of spiny lobster
1012	without a spiny lobster endorsement trap number as required by
1013	s. 370.14(2) or (6) or during any period while such spiny
1014	lobster endorsement trap number is under suspension or
1015	revocation, commits a felony of the third degree, punishable as
1016	provided in s. 775.082, s. 775.083, or s. 775.084.
1017	b.  In addition to any penalty imposed pursuant to sub-
1018	subparagraph a., the commission shall levy a fine of up to twice
1019	the amount of the appropriate surcharge to be paid on the fair
1020	market value of the transferred certificates, as provided in
1021	subparagraph (a)1., on any commercial harvester who violates the
1022	provisions of sub-subparagraph 5.c.
1023	c.  In addition to any penalty imposed pursuant to sub-
1024	subparagraph a., any commercial harvester receiving any judicial
1025	disposition other than acquittal or dismissal for a violation of
1026	subparagraph 5. shall be assessed an administrative penalty of
1027	up to $5,000, and the spiny lobster endorsement under which the
1028	violation was committed may be suspended for up to 24 calendar
1029	months. Immediately upon issuance of a citation involving a
1030	violation of subparagraph 5. and until adjudication of such a
1031	violation, and after receipt of any judicial disposition other
1032	than acquittal or dismissal for such a violation, the commercial
1033	harvester holding the spiny lobster endorsement listed on the
1034	citation is prohibited from transferring any spiny lobster trap
1035	certificates.
1036	d.c.  Any other person who violates the provisions of
1037	subparagraph 5. commits a Level Four violation under s. 372.83.
1038	7.  Any certificates for which the annual certificate fee
1039	is not paid for a period of 3 years shall be considered
1040	abandoned and shall revert to the commission. During any period
1041	of trap reduction, any certificates reverting to the commission
1042	shall become permanently unavailable and be considered in that
1043	amount to be reduced during the next license-year period.
1044	Otherwise, any certificates that revert to the commission are to
1045	be reallotted in such manner as provided by the commission.
1046	8.  The proceeds of all administrative civil penalties
1047	collected pursuant to subparagraph 4. and all fines collected
1048	pursuant to sub-subparagraph 6.b. shall be deposited into the
1049	Marine Resources Conservation Trust Fund.
1050	9.  All traps shall be removed from the water during any
1051	period of suspension or revocation.
1052	10.  Except as otherwise provided, any person who violates
1053	this paragraph commits a Level Two violation under s. 372.83.
1054	(d)  No vested rights.--The trap certificate program shall
1055	not create vested rights in licenseholders whatsoever and may be
1056	altered or terminated as necessary to protect the spiny lobster
1057	resource, the participants in the fishery, or the public
1058	interest.
1059	Section 13.  Section 370.143, Florida Statutes, is amended
1060	to read:
1061	370.143  Retrieval of spiny lobster, crawfish, and stone
1062	crab, blue crab, and black sea bass traps during closed season;
1063	commission authority; fees.--
1064	(1)  The Fish and Wildlife Conservation Commission is
1065	authorized to implement a trap retrieval program for retrieval
1066	of spiny lobster, crawfish, and stone crab, blue crab, and black
1067	sea bass traps remaining in the water during the closed season
1068	for each species. The commission is authorized to contract with
1069	outside agents for the program operation.
1070	(2)  A retrieval fee of $10 per trap retrieved shall be
1071	assessed trap owners. However, for each person holding a spiny
1072	lobster endorsement, crawfish stamp number or a stone crab
1073	endorsement, or a blue crab endorsement issued under rule of the
1074	commission, the retrieval fee shall be waived for the first five
1075	traps retrieved. Traps recovered under this program shall become
1076	the property of the commission or its contract agent, as
1077	determined by the commission, and shall be either destroyed or
1078	resold to the original owner. Revenue from retrieval fees shall
1079	be deposited in the Marine Resources Conservation Trust Fund and
1080	used solely for operation of the trap retrieval program.
1081	(3)  Payment of all assessed retrieval fees shall be
1082	required prior to renewal of the trap owner's saltwater products
1083	license and stone crab and or crawfish endorsements. Retrieval
1084	fees assessed under this program shall stand in lieu of other
1085	penalties imposed for such trap violations.
1086	(4)  In the event of a major natural disaster, such as a
1087	hurricane or major storm, that causes massive trap losses within
1088	an area declared by the Governor to be a disaster emergency
1089	area, the commission shall waive trap retrieval fees In the
1090	event of a major natural disaster in an area declared by the
1091	Governor to be a disaster emergency area, such as a hurricane or
1092	major storm causing massive trap losses, the commission shall
1093	waive the trap retrieval fee.
1094	Section 14.  Section 372.09, Florida Statutes, is amended
1095	to read:
1096	372.09  State Game Trust Fund.--The funds resulting from
1097	the operation of the commission and from the administration of
1098	the laws and regulations pertaining to birds, game, fur-bearing
1099	animals, freshwater fish, reptiles, and amphibians, together
1100	with any other funds specifically provided for such purposes
1101	shall constitute the State Game Trust Fund and shall be used by
1102	the commission as it shall deem fit in carrying out the
1103	provisions hereof and for no other purposes, except that annual
1104	use fees deposited into the trust fund from the sale of the
1105	Largemouth Bass license plate may be expended for the purposes
1106	provided under s. 320.08058(18). The commission may not obligate
1107	itself beyond the current resources of the State Game Trust Fund
1108	unless specifically so authorized by the Legislature.
1109	Section 15.  Subsection (2) of section 372.562, Florida
1110	Statutes, is amended to read:
1111	372.562  Recreational licenses and permits; exemptions from
1112	fees and requirements.--
1113	(2)  A hunting, freshwater fishing, or saltwater fishing
1114	license or permit is not required for:
1115	(a)  Any child under 16 years of age, except as otherwise
1116	provided in this chapter.
1117	(b)  Any person hunting or freshwater fishing on her or his
1118	homestead property, or on the homestead property of the person's
1119	spouse or minor child; or any minor child hunting or freshwater
1120	fishing on the homestead property of her or his parent.
1121	(c)  Any resident who is a member of the United States
1122	Armed Forces and not stationed in this state, when home on leave
1123	for 30 days or less, upon submission of orders.
1124	(d)  Any resident freshwater fishing for recreational
1125	purposes only, within her or his county of residence with live
1126	or natural bait, using poles or lines not equipped with a
1127	fishing line retrieval mechanism. This exemption does not apply
1128	to residents fishing in, except on a legally established fish
1129	management area.
1130	(e)  Any person freshwater fishing in a fish pond of 20
1131	acres or less that is located entirely within the private
1132	property of the fish pond owner.
1133	(f)  Any person freshwater fishing in a fish pond that is
1134	licensed in accordance with s. 372.5705.
1135	(g)  Any person fishing who has been accepted as a client
1136	for developmental disabilities services by the Department of
1137	Children and Family Services, provided the department furnishes
1138	proof thereof.
1139	(h)  Any resident saltwater fishing in salt water from land
1140	or from a structure fixed to the land.
1141	(i)  Any person saltwater fishing from a vessel licensed
1142	pursuant to s. 372.57(7).
1143	(j)  Any person saltwater fishing from a vessel the
1144	operator of which is licensed pursuant to s. 372.57(7).
1145	(k)  Any person saltwater fishing who holds a valid
1146	saltwater products license issued under s. 370.06(2).
1147	(l)  Any person saltwater fishing for recreational purposes
1148	from a pier licensed under s. 372.57.
1149	(m)  Any resident fishing for a saltwater species in fresh
1150	water from land or from a structure fixed to land.
1151	(n)  Any resident fishing for mullet in fresh water who has
1152	a valid Florida freshwater fishing license.
1153	(o)  Any resident 65 years of age or older who has in her
1154	or his possession proof of age and residency. A no-cost license
1155	under this paragraph may be obtained from any tax collector's
1156	office upon proof of age and residency and must be in the
1157	possession of the resident during hunting, freshwater fishing,
1158	and saltwater fishing activities.
1159	(p)  Any employee of the commission who takes freshwater
1160	fish, saltwater fish, or game as part of employment with the
1161	commission, or any other person authorized by commission permit
1162	to take freshwater fish, saltwater fish, or game for scientific
1163	or educational purposes.
1164	(q)  Any resident recreationally freshwater fishing who
1165	holds a valid commercial fishing license issued under s.
1166	372.65(1)(a).
1167	Section 16.  Effective October 1, 2007, subsections (4) and
1168	(5), paragraphs (a), (b), (c), and (h) of subsection (8),
1169	subsection (9), and paragraph (c) of subsection (10) of section
1170	372.57, Florida Statutes, are amended to read:
1171	372.57  Recreational licenses, permits, and authorization
1172	numbers; fees established.--
1173	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
1174	and fees for residents participating in hunting and fishing
1175	activities in this state are as follows:
1176	(a)  Annual freshwater fishing license, $15.50 $12.
1177	(b)  Annual saltwater fishing license, $15.50 $12.
1178	(c)  Annual hunting license to take game, $15.50 $11.
1179	(d)  Annual combination hunting and freshwater fishing
1180	license, $31 $22.
1181	(e)  Annual combination freshwater fishing and saltwater
1182	fishing license, $31 $24.
1183	(f)  Annual combination hunting, freshwater fishing, and
1184	saltwater fishing license, $46.50 $34.
1185	(g)  Annual license to take fur-bearing animals, $25.
1186	However, a resident with a valid hunting license or a no-cost
1187	license who is taking fur-bearing animals for noncommercial
1188	purposes using guns or dogs only, and not traps or other
1189	devices, is not required to purchase this license. Also, a
1190	resident 65 years of age or older is not required to purchase
1191	this license.
1192	(h)  Annual sportsman's license, $79 $71, except that an
1193	annual sportsman's license for a resident 64 years of age or
1194	older is $12. A sportsman's license authorizes the person to
1195	whom it is issued to take game and freshwater fish, subject to
1196	the state and federal laws, rules, and regulations, including
1197	rules of the commission, in effect at the time of the taking.
1198	Other authorized activities include activities authorized by a
1199	management area permit, a muzzle-loading gun season permit, a
1200	crossbow season permit, a turkey permit, a Florida waterfowl
1201	permit, and an archery season permit.
1202	(i)  Annual gold sportsman's license, $98.50 $87. The gold
1203	sportsman's license authorizes the person to whom it is issued
1204	to take freshwater fish, saltwater fish, and game, subject to
1205	the state and federal laws, rules, and regulations, including
1206	rules of the commission, in effect at the time of taking. Other
1207	authorized activities include activities authorized by a
1208	management area permit, a muzzle-loading gun season permit, a
1209	crossbow season permit, a turkey permit, a Florida waterfowl
1210	permit, an archery season permit, a snook permit, and a spiny
1211	lobster permit.
1212	(j)  Annual military gold sportsman's license, $18.50. The
1213	gold sportsman's license authorizes the person to whom it is
1214	issued to take freshwater fish, saltwater fish, and game,
1215	subject to the state and federal laws, rules, and regulations,
1216	including rules of the commission, in effect at the time of
1217	taking. Other authorized activities include activities
1218	authorized by a management area permit, a muzzle-loading gun
1219	season permit, a crossbow season permit, a turkey permit, a
1220	Florida waterfowl permit, an archery season permit, a snook
1221	permit, and a spiny lobster permit. Any resident who is an
1222	active or retired member of the United States Armed Forces, the
1223	United States Armed Forces Reserve, the National Guard, the
1224	United States Coast Guard, or the United States Coast Guard
1225	Reserve is eligible to purchase the military gold sportsman's
1226	license upon submission of a current military identification
1227	card.
1228	(5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The
1229	licenses and fees for nonresidents participating in hunting and
1230	fishing activities in the state are as follows:
1231	(a)  Freshwater fishing license to take freshwater fish for
1232	3 consecutive days, $15.50.
1233	(b)(a)  Freshwater fishing license to take freshwater fish
1234	for 7 consecutive days, $28.50 $15.
1235	(c)(b)  Saltwater fishing license to take saltwater fish
1236	for 3 consecutive days, $15.50 $5.
1237	(d)(c)  Saltwater fishing license to take saltwater fish
1238	for 7 consecutive days, $28.50 $15.
1239	(e)(d)  Annual freshwater fishing license, $45.50 $30.
1240	(f)(e)  Annual saltwater fishing license, $45.50 $30.
1241	(g)(f)  Hunting license to take game for 10 consecutive
1242	days, $45.
1243	(h)(g)  Annual hunting license to take game, $150.
1244	(i)(h)  Annual license to take fur-bearing animals, $25.
1245	However, a nonresident with a valid Florida hunting license who
1246	is taking fur-bearing animals for noncommercial purposes using
1247	guns or dogs only, and not traps or other devices, is not
1248	required to purchase this license.
1249	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
1250	PERMITS.--In addition to any license required under this
1251	chapter, the following permits and fees for specified hunting,
1252	fishing, and recreational uses and activities are required:
1253	(a)  An annual Florida waterfowl permit for a resident or
1254	nonresident to take wild ducks or geese within the state or its
1255	coastal waters is $10 $3.
1256	(b)1.  An annual Florida turkey permit for a resident to
1257	take wild turkeys within the state is $10 $5.
1258	2.  An annual Florida turkey permit for a nonresident to
1259	take wild turkeys within the state is $100.
1260	(c)  An annual snook permit for a resident or nonresident
1261	to take or possess any snook from any waters of the state is $10
1262	$2. Twenty percent of revenues Revenue generated from the sale
1263	of snook permits shall be used exclusively for programs to
1264	benefit the snook population.
1265	(h)1.  A recreational user permit is required to hunt on,
1266	fish on, or otherwise use for outdoor recreational purposes land
1267	leased by the commission from private nongovernmental owners,
1268	except for those lands located directly north of the
1269	Apalachicola National Forest, east of the Ochlocknee River until
1270	the point the river meets the dam forming Lake Talquin, and
1271	south of the closest federal highway. The fee for a recreational
1272	user permit shall be based upon the economic compensation
1273	desired by the landowner, game population levels, desired hunter
1274	density, and administrative costs. The permit fee shall be set
1275	by commission rule on a per-acre basis. The recreational user
1276	permit fee, less administrative costs of up to $25 per permit,
1277	shall be remitted to the landowner as provided in the lease
1278	agreement for each area.
1279	2.  One minor dependent, under 16 years of age or younger,
1280	may hunt under the supervision of the permittee and is exempt
1281	from the recreational user permit requirements. The spouse and
1282	dependent children of a permittee are exempt from the
1283	recreational user permit requirements when engaged in outdoor
1284	recreational activities other than hunting and when accompanied
1285	by a permittee. Notwithstanding any other provision of this
1286	chapter, no other exclusions, exceptions, or exemptions from the
1287	recreational user permit fee are authorized.
1288	(9)  RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--
1289	(a)  Five-year licenses are available for residents only,
1290	as follows:
1291	1.  A 5-year freshwater fishing or saltwater fishing
1292	license is $77.50 $60 for each type of license and authorizes
1293	the person to whom the license is issued to take or attempt to
1294	take or possess freshwater fish or saltwater fish consistent
1295	with the state and federal laws and regulations and rules of the
1296	commission in effect at the time of taking.
1297	2.  A 5-year hunting license is $77.50 $55 and authorizes
1298	the person to whom it is issued to take or attempt to take or
1299	possess game consistent with the state and federal laws and
1300	regulations and rules of the commission in effect at the time of
1301	taking.
1302	3.  The commission is authorized to sell the hunting,
1303	fishing, and recreational activity permits authorized in
1304	subsection (8) for a 5-year period to match the purchase of 5-
1305	year fishing and hunting licenses. The fee for each permit
1306	issued under this paragraph shall be five times the annual cost
1307	established in subsection (8).
1308	(b)  Proceeds from the sale of all 5-year licenses and
1309	permits shall be deposited into the Dedicated License Trust
1310	Fund, to be distributed in accordance with the provisions of s.
1311	372.106.
1312	(10)  RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING
1313	LICENSES.--
1314	(c)  The following activities are authorized by the
1315	purchase of a lifetime saltwater fishing license:
1316	1.  Taking, or attempting to take or possess, saltwater
1317	fish consistent with the state and federal laws and regulations
1318	and rules of the commission in effect at the time of the taking.
1319	2.  All activities authorized by a snook permit and a spiny
1320	lobster crawfish permit.
1321	3.  All activities for which an additional license, permit,
1322	or fee is required to take or attempt to take or possess
1323	saltwater fish, which additional license, permit, or fee was
1324	imposed subsequent to the date of the purchase of the lifetime
1325	saltwater fishing license.
1326	Section 17.  Paragraph (d) is added to subsection (2) of
1327	section 372.672, Florida Statutes, to read:
1328	372.672  Florida Panther Research and Management Trust
1329	Fund.--
1330	(2)  Money from the fund shall be spent only for the
1331	following purposes:
1332	(d)  To promote and market the Florida panther license
1333	plate authorized under s. 320.08058.
1334	Section 18.  Subsection (1) of section 861.021, Florida
1335	Statutes, is amended to read:
1336	861.021  Obstructing channels; misdemeanor.--
1337	(1)  It is unlawful for any person to place any spiny
1338	lobster crawfish, crab, or fish trap or set net or other similar
1339	device with a buoy or marker attached so that said buoy or
1340	marker obstructs the navigation of boats in channels of the
1341	waters of the state which are marked by, and which markers are
1342	continuously maintained by, the Coast Guard of the United
1343	States.
1344	Section 19.  Section 372.571, Florida Statutes, is amended
1345	to read:
1346	372.571  Expiration of licenses and permits.--Each license
1347	or permit issued under this chapter must be dated when issued.
1348	Each license or permit issued under this chapter remains valid
1349	for 12 months after the date of issuance, except for a lifetime
1350	license issued pursuant to s. 372.57 which is valid from the
1351	date of issuance until the death of the individual to whom the
1352	license is issued unless otherwise revoked in accordance with s.
1353	372.83 or s. 372.99, or a 5-year license issued pursuant to s.
1354	372.57 which is valid for 5 consecutive years from the date of
1355	purchase unless otherwise revoked in accordance with s. 372.83
1356	or s. 372.99, or a license issued pursuant to s. 372.57(5)(a),
1357	(b), (c), (d), or (g) (f) or (8)(f), or (g)2., or (h)1., which
1358	is valid for the period specified on the license. A resident
1359	lifetime license or a resident 5-year license that has been
1360	purchased by a resident of this state and who subsequently
1361	resides in another state shall be honored for activities
1362	authorized by that license.
1363	Section 20.  Subsection (2) of section 372.661, Florida
1364	Statutes, is amended to read:
1365	372.661  Private hunting preserve license fees;
1366	exception.--
1367	(2)  A commercial hunting preserve license, which shall
1368	exempt patrons of licensed preserves from the license and permit
1369	requirements of s. 372.57(4)(c), (d), (f), (h), (i), and (j);
1370	(5)(f) and (g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11);
1371	and (12) while hunting on the licensed preserve property, shall
1372	be $500. Such commercial hunting preserve license shall be
1373	available only to those private hunting preserves licensed
1374	pursuant to this section which are operated exclusively for
1375	commercial purposes, which are open to the public, and for which
1376	a uniform fee is charged to patrons for hunting privileges.
1377	Section 21.  Paragraph (a) of subsection (2) and paragraph
1378	(a) of subsection (4) of section 372.83, Florida Statutes, are
1379	amended to read:
1380	372.83  Penalties and violations; civil penalties for
1381	noncriminal infractions; criminal penalties; suspension and
1382	forfeiture of licenses and permits.--
1383	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1384	violation if he or she violates any of the following provisions:
1385	1.  Rules or orders of the commission relating to seasons
1386	or time periods for the taking of wildlife, freshwater fish, or
1387	saltwater fish.
1388	2.  Rules or orders of the commission establishing bag,
1389	possession, or size limits or restricting methods of taking
1390	wildlife, freshwater fish, or saltwater fish.
1391	3.  Rules or orders of the commission prohibiting access or
1392	otherwise relating to access to wildlife management areas or
1393	other areas managed by the commission.
1394	4.  Rules or orders of the commission relating to the
1395	feeding of wildlife, freshwater fish, or saltwater fish.
1396	5.  Rules or orders of the commission relating to landing
1397	requirements for freshwater fish or saltwater fish.
1398	6.  Rules or orders of the commission relating to
1399	restricted hunting areas, critical wildlife areas, or bird
1400	sanctuaries.
1401	7.  Rules or orders of the commission relating to tagging
1402	requirements for game and fur-bearing animals.
1403	8.  Rules or orders of the commission relating to the use
1404	of dogs for the taking of game.
1405	9.  Rules or orders of the commission which are not
1406	otherwise classified.
1407	10.  All prohibitions in chapter 370 which are not
1408	otherwise classified.
1409	11.  Section 370.028, prohibiting the violation of or
1410	noncompliance with commission rules.
1411	12.  Section 370.021(6) prohibiting the sale, purchase,
1412	harvest, or attempted harvest of any saltwater product with
1413	intent to sell.
1414	13.  Section 370.08, prohibiting the obstruction of
1415	waterways with net gear.
1416	14.  Section 370.1105, prohibiting the unlawful use of
1417	finfish traps.
1418	15.  Section 370.1121, prohibiting the unlawful taking of
1419	bonefish.
1420	16.  Section 370.13(2)(a) and (b), prohibiting the
1421	possession or use of stone crab traps without trap tags and
1422	theft of trap contents or gear.
1423	17.  Section 370.135(4)(b)(1)(c), prohibiting the theft of
1424	blue crab trap contents or trap gear.
1425	18.  Section 370.142(2)(c), prohibiting the possession or
1426	use of spiny lobster traps without trap tags or certificates and
1427	theft of trap contents or trap gear.
1428	19.  Section 372.5704, prohibiting the possession of tarpon
1429	without purchasing a tarpon tag.
1430	20.  Section 372.667, prohibiting the feeding or enticement
1431	of alligators or crocodiles.
1432	21.  Section 372.705, prohibiting the intentional
1433	harassment of hunters, fishers, or trappers.
1434	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1435	Four violation if he or she violates any of the following
1436	provisions:
1437	1.  Section 370.13(2)(c), prohibiting criminal activities
1438	relating to the taking of stone crabs.
1439	2.  Section 370.135(4)(c)(1)(b), prohibiting criminal
1440	activities relating to the taking and harvesting of blue crabs
1441	the willful molestation of blue crab gear.
1442	3.  Section 370.14(4), prohibiting the willful molestation
1443	of spiny lobster gear.
1444	4.  Section 370.142(2)(c)5., prohibiting the unlawful
1445	reproduction, possession, sale, trade, or barter of spiny
1446	lobster trap tags or certificates.
1447	5.  Section 372.57(16), prohibiting the making, forging,
1448	counterfeiting, or reproduction of a recreational license or
1449	possession of same without authorization from the commission.
1450	6.  Section 372.99(5), prohibiting the sale of illegally-
1451	taken deer or wild turkey.
1452	7.  Section 372.99022, prohibiting the molestation or theft
1453	of freshwater fishing gear.
1454	Section 22.  For the purpose of incorporating the amendment
1455	made by this act to section 372.57, Florida Statutes, in
1456	references thereto, subsection (1) of section 372.5712, Florida
1457	Statutes, is reenacted to read:
1458	372.5712  Florida waterfowl permit revenues.--
1459	(1)  The commission shall expend the revenues generated
1460	from the sale of the Florida waterfowl permit as provided in s.
1461	372.57(8)(a) or that pro rata portion of any license that
1462	includes waterfowl hunting privileges, as provided in s.
1463	372.57(4)(h), (i), and (j) and (9)(a)3. as follows: A maximum of
1464	5 percent of the gross revenues shall be expended for
1465	administrative costs; a maximum of 25 percent of the gross
1466	revenues shall be expended for waterfowl research approved by
1467	the commission; and a maximum of 70 percent of the gross
1468	revenues shall be expended for projects approved by the
1469	commission, in consultation with the Waterfowl Advisory Council,
1470	for the purpose of protecting and propagating migratory
1471	waterfowl and for the development, restoration, maintenance, and
1472	preservation of wetlands within the state.
1473	Section 23.  For the purpose of incorporating the amendment
1474	made by this act to section 372.57, Florida Statutes, in
1475	references thereto, subsection (1) of section 372.5715, Florida
1476	Statutes, is reenacted to read:
1477	372.5715  Florida wild turkey permit revenues.--
1478	(1)  The commission shall expend the revenues generated
1479	from the sale of the turkey permit as provided for in s.
1480	372.57(8)(b) or that pro rata portion of any license that
1481	includes turkey hunting privileges as provided for in s.
1482	372.57(4)(h), (i), and (j) for research and management of wild
1483	turkeys.
1484	Section 24.  For the purpose of incorporating the amendment
1485	made by this act to section 372.57, Florida Statutes, in
1486	references thereto, section 372.573, Florida Statutes, is
1487	reenacted to read:
1488	372.573  Management area permit revenues.--The commission
1489	shall expend the revenue generated from the sale of the
1490	management area permit as provided for in s. 372.57(8)(g) or
1491	that pro rata portion of any license that includes management
1492	area privileges as provided for in s. 372.57(4)(h), (i), and (j)
1493	for the lease, management, and protection of lands for public
1494	hunting, fishing, and other outdoor recreation.
1495	Section 25.  For the purpose of incorporating the amendment
1496	made by this act to section 320.08058, Florida Statutes, in a
1497	reference thereto, paragraph (c) of subsection (1) of section
1498	380.511, Florida Statutes, is reenacted to read:
1499	380.511  Florida Communities Trust Fund.--
1500	(1)  There is created the Florida Communities Trust Fund as
1501	a nonlapsing, revolving fund for projects, activities,
1502	acquisitions, and operating expenses necessary to carry out this
1503	part. The fund shall be held and administered by the trust. The
1504	following shall be credited to or deposited in the Florida
1505	Communities Trust Fund:
1506	(c)  Proceeds from the sale of environmental license plates
1507	authorized in s. 320.08058(5).
1508
1509	All moneys so deposited into the Florida Communities Trust Fund
1510	shall be trust funds for the uses and purposes set forth in this
1511	section, within the meaning of s. 215.32(1)(b); and such moneys
1512	shall not become or be commingled with the General Revenue Fund
1513	of the state, as defined by s. 215.32(1)(a).
1514	Section 26.  Beginning in the 2007-2008 fiscal year, the
1515	sum of $132,000 is appropriated from the Marine Resources
1516	Conservation Trust Fund to the Fish and Wildlife Conservation
1517	Commission on a recurring basis for the purpose of implementing
1518	the blue crab effort management program pursuant to s.
1519	370.135(3)(b), Florida Statutes, and providing for the
1520	administrative costs of the Blue Crab Advisory Board created by
1521	commission rules.
1522	Section 27.  Except as otherwise expressly provided in this
1523	act, this act shall take effect July 1, 2007.

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