CS/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 certain plates;
15	providing for future repeal; specifying a percentage of
16	annual use fees collected from the sale of Florida panther
17	and Largemouth Bass license plates that may be used to
18	promote and market the license plates; amending s.
19	370.025, F.S.; deleting provisions relating to the extent
20	of the commission's authority over marine life; amending
21	s. 370.0603, F.S.; providing for the deposit of certain
22	proceeds into the Marine Resources Conservation Trust
23	Fund; authorizing the use of such funds; amending s.
24	370.1105, F.S.; clarifying terminology relating to the
25	spiny lobster; amending s. 370.12, F.S.; specifying a
26	percentage of annual use fees collected from the sale of
27	manatee license plates that may be used to promote and
28	market the license plate; authorizing the commission to
29	use proceeds of the annual use fee for fiscal year 2007-
30	2008 to buy back certain plates; amending s. 370.13, F.S.;
31	revising provisions for replacing lost or damaged tags for
32	stone crab traps; authorizing the commission to defer or
33	waive replacement tag fees under certain circumstances;
34	deleting obsolete provisions for the applicability of
35	certain fee and surcharge amounts relating to trap
36	certificates; providing for legislative approval of the
37	commission rule establishing an amount of equitable rent;
38	revising certain administrative penalties; amending s.
39	370.135, F.S., relating to blue crab regulation; requiring
40	commercial harvesters to hold restricted species
41	endorsements; requiring endorsement numbers to be affixed
42	to traps and buoys; providing criteria for buoy markings;
43	providing for transfer of an endorsement when a vessel is
44	replaced; establishing certain endorsement fees for the
45	taking of blue crabs; establishing an annual trap tag fee;
46	authorizing the commission to defer or waive replacement
47	tag fees under certain circumstances; authorizing the
48	commission to establish an amount of equitable rent by
49	rule; providing for legislative approval of the rule;
50	requiring the deposit of certain proceeds into the Marine
51	Resources Conservation Trust Fund; specifying the use of
52	such proceeds; requiring the commission to adopt certain
53	rules; providing administrative penalties for certain
54	violations; prohibiting the unauthorized possession of
55	blue crab trap gear or removal of blue crab trap contents
56	and providing penalties therefor; providing penalties for
57	certain other prohibited activities relating to blue crab
58	traps, lines, buoys, and trap tags; providing penalties
59	for fraudulent reports related to endorsement transfers;
60	prohibiting certain activities during endorsement
61	suspension and revocation; preserving state jurisdiction
62	for certain convictions; providing requirements for
63	certain license renewal; providing for the expiration of
64	certain provisions unless reenacted by the Legislature
65	during the 2009 Regular Session; amending s. 370.14, F.S.;
66	clarifying provisions regulating spiny lobsters; amending
67	s. 370.1405, F.S.; clarifying terminology relating to the
68	spiny lobster; amending s. 370.142, F.S., relating to the
69	spiny lobster trap certificate program; removing certain
70	obsolete provisions; clarifying provisions for
71	transferable trap certificates; providing for legislative
72	approval of the commission rule establishing an amount of
73	equitable rent; deleting obsolete provisions relating to
74	the leasing of spiny lobster trap tags and certificates;
75	authorizing the commission to defer or waive replacement
76	tag fees under certain circumstances; providing
77	administrative penalties for certain violations of the
78	spiny lobster trap certificate program; revising certain
79	administrative penalties; amending s. 370.143, F.S.;
80	revising provisions for certain trap retrieval programs
81	and fees; requiring the commission to waive trap retrieval
82	fees under certain circumstances; amending s. 372.09,
83	F.S.; providing that annual use fees collected from the
84	sale of Largemouth Bass license plates may be used to
85	promote and market the license plates; amending s.
86	372.561, F.S.; authorizing the commission, tax collectors,
87	and certain subagents to request and collect donations
88	during the sale of certain licenses and permits; requiring
89	collected donations to be deposited in the State Game
90	Trust Fund; requiring funds to be used for a specified
91	purpose; requiring the commission to provide an annual
92	report to the Governor and Legislature; providing report
93	requirements; amending s. 372.562, F.S.; specifying
94	certain fishing as exempt from fees and requirements;
95	amending s. 372.57, F.S.; increasing the fees for certain
96	resident and nonresident hunting and fishing licenses;
97	creating a 3-day freshwater fishing license for
98	nonresidents; clarifying terminology relating to the spiny
99	lobster; amending s. 372.672, F.S.; authorizing the use of
100	funds from the Florida Panther Research and Management
101	Trust Fund to promote and market the Florida panther
102	license plate; amending s. 861.021, F.S.; clarifying
103	terminology relating to the spiny lobster; amending ss.
104	372.571, 372.661, and 372.83, F.S.; conforming cross-
105	references; reenacting s. 372.573, F.S., relating to
106	revenues from management area permits, to incorporate the
107	amendment to s. 372.57, F.S., in references thereto;
108	reenacting s. 380.511(1)(c), F.S., relating to the deposit
109	of proceeds from the sale of certain specialty license
110	plates, to incorporate the amendment to s. 320.08058,
111	F.S., in a reference thereto; providing an appropriation
112	to the commission for costs related to the implementation
113	of the blue crab effort management program and the
114	administration of the Blue Crab Advisory Board; providing
115	effective dates.
116
117	Be It Enacted by the Legislature of the State of Florida:
118
119	Section 1.  Subsection (8) of section 20.331, Florida
120	Statutes, is amended and renumbered as subsection (9), present
121	subsections (9), (10), and (11) are renumbered as (10), (11),
122	and (12), respectively, and a new subsection (8) is added to
123	that section, to read:
124	20.331  Fish and Wildlife Conservation Commission.--
125	(8)  LEGISLATIVE AUTHORITY.--The constitutional power
126	granted to the Fish and Wildlife Conservation Commission does
127	not include any authority over marine life retained by the
128	Legislature or vested in any agency other than the Marine
129	Fisheries Commission on March 1, 1998, or any authority over
130	marine aquaculture retained by the Legislature and vested in any
131	other agency as of July 1, 1999.
132	(9)(8)  ADEQUATE DUE PROCESS PROCEDURES.--
133	(a)  The commission shall adopt a rule establishing
134	implement a system of adequate due process procedures to be
135	accorded to any party, as defined in s. 120.52, whose
136	substantial interests are will be affected by any action of the
137	commission in the performance of its constitutional duties or
138	responsibilities, and the adequate due process procedures
139	adopted by rule shall be published in the Florida Administrative
140	Code.
141	(b)  The Legislature encourages the commission to
142	incorporate into its process the provisions of s. 120.54(3)(c)
143	when adopting rules in the performance of its constitutional
144	duties or responsibilities.
145	(c)  The commission shall follow the provisions of chapter
146	120 when adopting rules in the performance of its statutory
147	duties or responsibilities. For purposes of this subsection, The
148	commission's statutory duties or responsibilities include, but
149	are not limited to:
150	1.  Research and management responsibilities for marine
151	species listed as endangered or threatened, including manatees
152	and marine turtles.;
153	2.  Establishment and enforcement of boating safety
154	regulations.;
155	3.  Land acquisition.;
156	4.  Enforcement and collection of fees for all commercial
157	and recreational hunting or fishing licenses or permits.;
158	5.  Aquatic plant removal using fish as a biological
159	control agent.;
160	6.  Enforcement of penalties for violations of commission
161	rules and state laws, including, but not limited to, the seizure
162	and forfeiture of vessels and other equipment used to commit
163	those violations.;
164	7.  Establishment of free fishing days.;
165	8.  Regulation of off-road vehicles on state lands.;
166	9.  Establishment and coordination of a statewide hunter
167	safety course.;
168	10.  Establishment of programs and activities to develop
169	and distribute public education materials.;
170	11.  Police powers of sworn law enforcement officers.;
171	12.  Establishment of citizen support organizations to
172	provide assistance, funding, and promotional support for
173	programs of the commission.;
174	13.  Creation of the voluntary authorized hunter
175	identification program.; and
176	14.  Regulation of required clothing of persons hunting
177	deer.
178	Section 2.  Paragraph (s) of subsection (4) of section
179	320.08056, Florida Statutes, is amended to read:
180	320.08056  Specialty license plates.--
181	(4)  The following license plate annual use fees shall be
182	collected for the appropriate specialty license plates:
183	(s)  Sea Turtle license plate, $23 $17.50.
184	Section 3.  Paragraphs (c) and (d) are added to subsection
185	(1) of section 320.08058, Florida Statutes, and paragraph (b) of
186	subsection (5) and paragraph (b) of subsection (18) of that
187	section are amended, to read:
188	320.08058  Specialty license plates.--
189	(1)  MANATEE LICENSE PLATES.--
190	(c)  Notwithstanding paragraph (b), up to 10 percent of the
191	annual use fee deposited in the Save the Manatee Trust Fund from
192	the sale of the manatee license plate may be used to promote and
193	market the license plate issued by the Department of Highway
194	Safety and Motor Vehicles after June 30, 2007.
195	(d)  Notwithstanding paragraph (b), during the 2007-2008
196	fiscal year, the annual use fee deposited into the Save the
197	Manatee Trust Fund from the sale of the manatee license plate
198	may be used by the commission to buy back any manatee license
199	plates not issued by the Department of Highway Safety and Motor
200	Vehicles. This paragraph expires July 1, 2008.
201	(5)  FLORIDA PANTHER LICENSE PLATES.--
202	(b)  The department shall distribute the Florida panther
203	license plate annual use fee in the following manner:
204	1.  Eighty-five percent must be deposited in the Florida
205	Panther Research and Management Trust Fund in the Fish and
206	Wildlife Conservation Commission to be used for education and
207	programs to protect the endangered Florida panther, and up to 10
208	percent of such deposit may be used to promote and market the
209	license plate.
210	2.  Fifteen percent, but no less than $300,000, must be
211	deposited in the Florida Communities Trust Fund to be used
212	pursuant to the Florida Communities Trust Act.
213	(18)  LARGEMOUTH BASS LICENSE PLATES.--
214	(b)  The annual use fees shall be distributed to the State
215	Game Trust Fund and used by the Fish and Wildlife Conservation
216	Commission to fund current conservation programs that maintain
217	current levels of protection and management of this state's fish
218	and wildlife resources, including providing hunting, fishing,
219	and nonconsumptive wildlife opportunities. Up to 10 percent of
220	the annual use fees deposited into the trust fund may be used to
221	promote and market the license plate.
222	Section 4.  Subsection (4) of section 370.025, Florida
223	Statutes, is amended to read:
224	370.025  Marine fisheries; policy and standards.--
225	(4)  Pursuant to s. 9, Art. IV of the State Constitution,
226	the commission has full constitutional rulemaking authority over
227	marine life, and listed species as defined in s. 372.072(3),
228	except for:
229	(a)  Endangered or threatened marine species for which
230	rulemaking shall be done pursuant to chapter 120; and
231	(b)  The authority to regulate fishing gear in residential,
232	manmade saltwater canals which is retained by the Legislature
233	and specifically not delegated to the commission.
234	(c)  Marine aquaculture products produced by an individual
235	certified under s. 597.004. This exception does not apply to
236	snook, prohibited and restricted marine species identified by
237	rule of the commission, and rulemaking authority granted
238	pursuant to s. 370.027.
239	Section 5.  Paragraph (j) is added to subsection (1) of
240	section 370.0603, Florida Statutes, and paragraphs (c) and (d)
241	of subsection (2) of that section are amended, to read:
242	370.0603  Marine Resources Conservation Trust Fund;
243	purposes.--
244	(1)  The Marine Resources Conservation Trust Fund within
245	the Fish and Wildlife Conservation Commission shall serve as a
246	broad-based depository for funds from various marine-related and
247	boating-related activities and shall be administered by the
248	commission for the purposes of:
249	(j)  Funding for the stone crab trap reduction program
250	under s. 370.13, the blue crab effort management program under
251	s. 370.135, the spiny lobster trap certificate program under s.
252	370.142, and the trap retrieval program under s. 370.143.
253	(2)  The Marine Resources Conservation Trust Fund shall
254	receive the proceeds from:
255	(c)  All fees collected under pursuant to ss. 370.063,
256	370.13, 370.135, 370.142, 370.143, and 372.5704.
257	(d)  All fines and penalties under ss. pursuant to s.
258	370.021, 370.13, 370.135, and 370.142.
259	Section 6.  Paragraph (a) of subsection (1) of section
260	370.1105, Florida Statutes, is amended to read:
261	370.1105  Saltwater finfish; fishing traps regulated.--
262	(1)  It is unlawful for any person, firm, or corporation to
263	set, lay, place, or otherwise attempt to fish for saltwater
264	finfish with any trap other than:
265	(a)  A crab, spiny lobster crawfish, or shrimp trap
266	specifically permitted under s. 370.13, s. 370.135, s. 370.14,
267	or s. 370.15;
268	Section 7.  Paragraphs (d) and (e) are added to subsection
269	(4) of section 370.12, Florida Statutes, to read:
270	370.12  Marine animals; regulation.--
271	(4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
272	(d)  Up to 10 percent of the annual use fee deposited in
273	the Save the Manatee Trust Fund from the sale of the manatee
274	license plate authorized in s. 320.08058 may be used to promote
275	and market the license plate issued by the Department of Highway
276	Safety and Motor Vehicles after June 30, 2007.
277	(e)  During the 2007-2008 fiscal year, the annual use fee
278	deposited into the Save the Manatee Trust Fund from the sale of
279	the manatee license plate authorized in s. 320.08058 may be used
280	by the commission to buy back any manatee license plates not
281	issued by the Department of Highway Safety and Motor Vehicles.
282	This paragraph expires July 1, 2008.
283	Section 8.  Paragraphs (b), (d), and (e) of subsection (1)
284	and paragraph (a) of subsection (2) of section 370.13, Florida
285	Statutes, are amended to read:
286	370.13  Stone crab; regulation.--
287	(1)  FEES AND EQUITABLE RENT.--
288	(b)  Certificate fees.--
289	1.  For each trap certificate issued by the commission
290	under the requirements of the stone crab trap limitation program
291	established by commission rule, there is an annual fee of 50
292	cents per certificate. Replacement tags for lost or damaged tags
293	cost 50 cents each plus the cost of shipping. In the event of a
294	major natural disaster, such as a hurricane or major storm, that
295	causes massive trap losses within an area declared by the
296	Governor to be a disaster emergency area, the commission may
297	temporarily defer or waive replacement tag fees, except that
298	tags lost in the event of a major natural disaster declared as
299	an emergency disaster by the Governor shall be replaced for the
300	cost of the tag as incurred by the commission.
301	2.  The fee for transferring trap certificates is $1 per
302	certificate transferred, except that the fee for eligible crew
303	members is 50 cents per certificate transferred. Eligible crew
304	members shall be determined according to criteria established by
305	rule of the commission. Payment must be made by money order or
306	cashier's check, submitted with the certificate transfer form
307	developed by the commission.
308	3.  In addition to the transfer fee, a surcharge of $1 per
309	certificate transferred, or 25 percent of the actual value of
310	the transferred certificate, whichever is greater, will be
311	assessed the first time a certificate is transferred outside the
312	original holder's immediate family.
313	4.  Transfer fees and surcharges only apply to the actual
314	number of certificates received by the purchaser. A transfer of
315	a certificate is not effective until the commission receives a
316	notarized copy of the bill of sale as proof of the actual value
317	of the transferred certificate or certificates, which must also
318	be submitted with the transfer form and payment.
319	5.  A transfer fee will not be assessed or required when
320	the transfer is within a family as a result of the death or
321	disability of the certificate owner. A surcharge will not be
322	assessed for any transfer within an individual's immediate
323	family.
324	6.  The fees and surcharge amounts in this paragraph apply
325	in the 2005-2006 license year and subsequent years.
326	(d)  Equitable rent.--The commission may establish by rule
327	an amount of equitable rent per trap certificate that may be
328	recovered as partial compensation to the state for the enhanced
329	access to its natural resources. In determining whether to
330	establish such a rent and the amount thereof, the commission may
331	consider the amount of revenues annually generated by
332	endorsement fees, trap certificate fees, transfer fees,
333	surcharges, replacement trap tag fees, trap retrieval fees,
334	incidental take endorsement fees, and the continued economic
335	viability of the commercial stone crab industry. A rule
336	establishing an amount of equitable rent shall become effective
337	only after approval by the Legislature Final approval of such a
338	rule shall be by the Governor and Cabinet sitting as the Board
339	of Trustees of the Internal Improvement Trust Fund.
340	(e)  Disposition of fees, surcharges, civil penalties and
341	fines, and equitable rent.--Endorsement fees, trap certificate
342	fees, transfer fees, civil penalties and fines, surcharges,
343	replacement trap tag fees, trap retrieval fees, incidental take
344	endorsement fees, and equitable rent, if any, must be deposited
345	in the Marine Resources Conservation Trust Fund. Up to Not more
346	than 50 percent of the revenues generated under this section may
347	be used for operation and administration of the stone crab trap
348	limitation program. All The remaining revenues so generated must
349	under this program are to be used for trap retrieval, management
350	of the stone crab fishery, public education activities,
351	evaluation of the impact of trap reductions on the stone crab
352	fishery, and enforcement activities in support of the stone crab
353	trap limitation program.
354	(2)  PENALTIES.--For purposes of this subsection,
355	conviction is any disposition other than acquittal or dismissal,
356	regardless of whether the violation was adjudicated under any
357	state or federal law.
358	(a)  It is unlawful to violate commission rules regulating
359	stone crab trap certificates and trap tags. No person may use an
360	expired tag or a stone crab trap tag not issued by the
361	commission or possess or use a stone crab trap in or on state
362	waters or adjacent federal waters without having a trap tag
363	required by the commission firmly attached thereto.
364	1.  In addition to any other penalties provided in s.
365	370.021, for any commercial harvester who violates this
366	paragraph, the following administrative penalties apply.
367	a.  For a first violation, the commission shall assess an
368	administrative penalty of up to $1,000 and the stone crab
369	endorsement under which the violation was committed may be
370	suspended for the remainder of the current license year.
371	b.  For a second violation that occurs within 24 months of
372	any previous such violation, the commission shall assess an
373	administrative penalty of up to $2,000 and the stone crab
374	endorsement under which the violation was committed may be
375	suspended for 12 calendar months.
376	c.  For a third violation that occurs within 36 months of
377	any previous two such violations, the commission shall assess an
378	administrative penalty of up to $5,000 and the stone crab
379	endorsement under which the violation was committed may be
380	suspended for 24 calendar months.
381	d.  A fourth violation that occurs within 48 months of any
382	three previous such violations, shall result in permanent
383	revocation of all of the violator's saltwater fishing
384	privileges, including having the commission proceed against the
385	endorsement holder's saltwater products license in accordance
386	with s. 370.021.
387	2.  Any other person who violates the provisions of this
388	paragraph commits a Level Two violation under s. 372.83.
389
390	Any commercial harvester assessed an administrative penalty
391	under this paragraph shall, within 30 calendar days after
392	notification, pay the administrative penalty to the commission,
393	or request an administrative hearing under ss. 120.569 and
394	120.57. The proceeds of all administrative penalties collected
395	under this paragraph shall be deposited in the Marine Resources
396	Conservation Trust Fund.
397	Section 9.  Section 370.135, Florida Statutes, is amended
398	to read:
399	370.135  Blue crab; regulation.--
400	(1)(a)  No commercial harvester shall transport on the
401	water, fish with or cause to be fished with, set, or place any
402	trap designed for taking blue crabs unless such commercial
403	harvester holds is the holder of a valid saltwater products
404	license and restricted species endorsement issued under pursuant
405	to s. 370.06 and a blue crab endorsement issued under this
406	section. Each trap shall have the harvester's blue crab
407	endorsement number permanently affixed to it. Each buoy attached
408	to such a trap shall also have the harvester's blue crab
409	endorsement the trap has a current state number permanently
410	attached to the buoy. The blue crab endorsement trap number
411	shall be affixed in legible figures at least 2 inches 1 inch
412	high on each buoy used. The saltwater products license must be
413	on board the boat, and both the license and the crabs shall be
414	subject to inspection at all times. Only one trap number may be
415	issued for each boat by the commission upon receipt of an
416	application on forms prescribed by it. This subsection shall not
417	apply to an individual fishing with no more than five traps.
418	(b)  It is unlawful for any person willfully to molest any
419	blue crab traps, lines, or buoys, as defined herein, belonging
420	to another without the express written consent of the trap
421	owner.
422	1.  A commercial harvester who violates this paragraph
423	commits a felony of the third degree, punishable as provided in
424	s. 775.082, s. 775.083, or s. 775.084.
425	2.  Any other person who violates this paragraph commits a
426	Level Four violation under s. 372.83.
427
428	Any commercial harvester receiving a judicial disposition other
429	than dismissal or acquittal on a charge of willful molestation
430	of a trap, in addition to the penalties specified in s. 370.021,
431	shall lose all saltwater fishing privileges for a period of 24
432	calendar months.
433	(c)1.  It is unlawful for any person to remove the contents
434	of or take possession of another harvester's blue crab trap
435	without the express written consent of the trap owner available
436	for immediate inspection. Unauthorized possession of another's
437	trap gear or removal of trap contents constitutes theft.
438	a.  Any commercial harvester receiving a judicial
439	disposition other than dismissal or acquittal on a charge of
440	theft of or from a trap pursuant to this section or s. 370.1107
441	shall, in addition to the penalties specified in s. 370.021 and
442	the provisions of this section, permanently lose all saltwater
443	fishing privileges, including any saltwater products license and
444	blue crab endorsement. In such cases endorsements are
445	nontransferable.
446	b.  In addition, any commercial harvester receiving a
447	judicial disposition other than dismissal or acquittal for
448	violating this subsection or s. 370.1107 shall also be assessed
449	an administrative penalty of up to $5,000. Immediately upon
450	receiving a citation for a violation involving theft of or from
451	a trap and until adjudicated for such a violation, or receiving
452	a judicial disposition other than dismissal or acquittal for
453	such a violation, the commercial harvester committing the
454	violation is prohibited from transferring any blue crab
455	endorsements.
456	2.  A commercial harvester who violates this paragraph
457	shall be punished under s. 370.021. Any other person who
458	violates this paragraph commits a Level Two violation under s.
459	372.83.
460	(2)  No person shall harvest blue crabs with more than five
461	traps, harvest blue crabs in commercial quantities, or sell blue
462	crabs unless such person holds a valid saltwater products
463	license with a restricted species endorsement issued under s.
464	370.06 and a blue crab endorsement (trap number) issued under
465	pursuant to this section subsection.
466	(a)  Effective June 1, 1998, and until July 1, 2002, no
467	blue crab endorsement (trap number), except those endorsements
468	that are active during the 1997-1998 fiscal year, shall be
469	renewed or replaced.
470	(b)  Effective January 1, 1999, and until July 1, 2002, a
471	trap number holder, or members of his or her immediate family,
472	must request renewal of the endorsement prior to September 30 of
473	each year.
474	(c)  If a person holding an active blue crab endorsement,
475	or a member of that person's immediate family, does not request
476	renewal of the endorsement before the applicable dates as
477	specified in this subsection, the commission shall deactivate
478	that endorsement.
479	(a)(d)  In the event of the death or disability of a person
480	holding an active blue crab endorsement, the endorsement may be
481	transferred by the person to a member of his or her immediate
482	family or may be renewed by any person so designated by the
483	executor of the person's estate.
484	(b)  A commercial harvester who holds a saltwater products
485	license and a blue crab endorsement that is issued to the
486	commercial harvester's vessel registration number and who
487	replaces an existing vessel with a new vessel may transfer the
488	existing blue crab endorsement to the saltwater products license
489	of the new vessel.
490	(e)  Persons who hold saltwater products licenses with blue
491	crab endorsements issued to their boat registration numbers and
492	who subsequently replace their existing vessels with new vessels
493	shall be permitted to transfer the existing licenses to the new
494	boat registration numbers.
495	(3)(a)  Endorsement fees.--
496	1.  The fee for a hard-shell blue crab endorsement for the
497	taking of hard-shell blue crabs, as authorized by rule of the
498	commission, is $125, $25 of which must be used solely for the
499	trap retrieval program authorized under s. 370.143 and in
500	commission rules.
501	2.  The fee for a soft-shell blue crab endorsement for the
502	taking of soft-shell blue crabs, as authorized by rule of the
503	commission, is $250, $25 of which must be used solely for the
504	trap retrieval program authorized under s. 370.143 and in
505	commission rules.
506	3.  The fee for a nontransferable hard-shell blue crab
507	endorsement for the taking of hard-shell blue crabs, as
508	authorized by rule of the commission, is $125, $25 of which must
509	be used solely for the trap retrieval program authorized under
510	s. 370.143 and in commission rules.
511	4.  The fee for an incidental take blue crab endorsement
512	for the taking of blue crabs as bycatch in shrimp trawls and
513	stone crab traps is $25, as authorized in commission rules.
514	(b)  Trap tag fees.--The annual fee for each trap tag
515	issued by the commission under the requirements of the blue crab
516	effort management program established by rule of the commission
517	is 50 cents per tag. The fee for replacement tags for lost or
518	damaged tags is 50 cents per tag plus the cost of shipping. In
519	the event of a major natural disaster, such as a hurricane or
520	major storm, that causes massive trap losses within an area
521	declared by the Governor to be a disaster emergency area, the
522	commission may temporarily defer or waive replacement tag fees.
523	(c)  Equitable rent.--The commission may establish by rule
524	an amount of equitable rent that may be recovered as partial
525	compensation to the state for the enhanced access to its natural
526	resources. In determining whether to establish such a rent and
527	the amount thereof, the commission may consider the amount of
528	revenues annually generated by endorsement fees, trap tag fees,
529	replacement trap tag fees, trap retrieval fees, and the
530	continued economic viability of the commercial blue crab
531	industry. A rule establishing an amount of equitable rent shall
532	become effective only upon approval by act of the Legislature.
533	(d)  Disposition of moneys generated from fees and
534	administrative penalties.--Moneys generated from the sale of
535	blue crab endorsements, trap tags, and replacement trap tags or
536	from the assessment of administrative penalties by the
537	commission under this section shall be deposited into the Marine
538	Resources Conservation Trust Fund. Up to 50 percent of the
539	moneys generated from the sale of endorsements and trap tags and
540	the assessment of administrative penalties may be used for the
541	operation and administration of the blue crab effort management
542	program. The remaining moneys generated from the sale of
543	endorsements and trap tags and the assessment of administrative
544	penalties may be used for trap retrieval; management of the blue
545	crab fishery; and public education activities, research, and
546	enforcement activities in support of the blue crab effort
547	management program.
548	(e)  Waiver of fees.--For the 2007-2008 license year, the
549	commission shall waive all fees under this subsection for all
550	persons who qualify by September 30, 2007, to participate in the
551	blue crab effort management program established by commission
552	rule.
553	(4)(a)  Untagged trap penalties.--By July 1, 2008, the
554	commission shall adopt by rule the administrative penalties
555	authorized by this subsection. In addition to any other
556	penalties provided in s. 370.021 for any blue crab endorsement
557	holder who violates commission rules requiring the placement of
558	trap tags for traps used for the directed harvest of blue crabs,
559	the following administrative penalties apply:
560	1.  For a first violation, the commission shall assess an
561	administrative penalty of up to $1,000.
562	2.  For a second violation that occurs within 24 months
563	after any previous such violation, the commission shall assess
564	an administrative penalty of up to $2,000, and the blue crab
565	endorsement holder's blue crab fishing privileges may be
566	suspended for 12 calendar months.
567	3.  For a third violation that occurs within 36 months
568	after any two previous such violations, the commission shall
569	assess an administrative penalty of up to $5,000, and the blue
570	crab endorsement holder's blue crab fishing privileges may be
571	suspended for 24 calendar months.
572	4.  A fourth violation that occurs within 48 months after
573	any three previous such violations shall result in permanent
574	revocation of all of the violator's saltwater fishing
575	privileges, including having the commission proceed against the
576	endorsement holder's saltwater products license in accordance
577	with s. 370.021.
578
579	Any blue crab endorsement holder assessed an administrative
580	penalty under this paragraph shall, within 30 calendar days
581	after notification, pay the administrative penalty to the
582	commission or request an administrative hearing under ss.
583	120.569 and 120.57.
584	(b)  Trap theft; prohibitions and penalties.--It is
585	unlawful for any person to remove or take possession of the
586	contents of another harvester's blue crab trap without the
587	express written consent of the trap owner, which must be
588	available for immediate inspection. Unauthorized possession of
589	another harvester's blue crab trap gear or removal of trap
590	contents constitutes theft.
591	1.  Any commercial harvester receiving a judicial
592	disposition other than dismissal or acquittal on a charge of
593	theft of or from a trap as prohibited by this paragraph shall,
594	in addition to the penalties specified in s. 370.021 and this
595	section, permanently lose all saltwater fishing privileges,
596	including any saltwater products licenses, blue crab
597	endorsements, and blue crab trap tags allotted to him or her by
598	the commission. In such cases, endorsements are nontransferable.
599	2.  In addition, any commercial harvester receiving a
600	judicial disposition other than dismissal or acquittal for
601	violating this paragraph shall also be assessed an
602	administrative penalty of up to $5,000. Immediately upon receipt
603	of a citation for a violation involving theft of or from a trap
604	and until adjudicated for such a violation, or upon receipt of a
605	judicial disposition other than dismissal or acquittal for such
606	a violation, the commercial harvester committing the violation
607	is prohibited from transferring any blue crab endorsements.
608	3.  A commercial harvester who violates this paragraph
609	shall be punished under s. 370.021. Any other person who
610	violates this paragraph commits a Level Two violation under s.
611	372.83.
612	(c)  Criminal activities prohibited.--
613	1.  It is unlawful for any commercial harvester or any
614	other person to:
615	a.  Willfully molest any blue crab trap, line, or buoy that
616	is the property of any licenseholder without the permission of
617	that licenseholder.
618	b.  Barter, trade, lease, or sell a blue crab trap tag or
619	conspire or aid in such barter, trade, lease, or sale unless
620	duly authorized by commission rules.
621	c.  Supply, agree to supply, aid in supplying, or give away
622	a blue crab trap tag unless duly authorized by commission rules.
623	d.  Make, alter, forge, counterfeit, or reproduce a blue
624	crab trap tag.
625	e.  Possess an altered, forged, counterfeit, or imitation
626	blue crab trap tag.
627	f.  Possess a number of original trap tags or replacement
628	trap tags, the sum of which exceeds by 1 percent the number of
629	traps allowed by commission rules.
630	g.  Engage in the commercial harvest of blue crabs while
631	the blue crab endorsements of the licenseholder are under
632	suspension or revocation.
633	2.  Immediately upon receiving a citation involving a
634	violation of this paragraph and until adjudicated for such a
635	violation, a commercial harvester is prohibited from
636	transferring any blue crab endorsement.
637	3.  A commercial harvester convicted of violating this
638	paragraph commits a felony of the third degree, punishable as
639	provided in s. 775.082, s. 775.083, or s. 775.084, shall also be
640	assessed an administrative penalty of up to $5,000, and is
641	immediately prohibited from transferring any blue crab
642	endorsement. All blue crab endorsements issued to a commercial
643	harvester convicted of violating this paragraph may be suspended
644	for up to 24 calendar months.
645	4.  Any other person convicted of violating this paragraph
646	commits a Level Four violation under s. 372.83.
647	(d)  Endorsement transfers; fraudulent reports;
648	penalties.--For a commercial harvester convicted of fraudulently
649	reporting the actual value of transferred blue crab
650	endorsements, the commission may automatically suspend or
651	permanently revoke the seller's or the purchaser's blue crab
652	endorsements. If the endorsement is permanently revoked, the
653	commission shall also permanently deactivate the endorsement
654	holder's blue crab trap tag accounts.
655	(e)  Prohibitions during endorsement suspension and
656	revocation.--During any period of suspension or after revocation
657	of a blue crab endorsement holder's endorsements, he or she
658	shall, within 15 days after notice provided by the commission,
659	remove from the water all traps subject to that endorsement.
660	Failure to do so shall extend the period of suspension for an
661	additional 6 calendar months.
662	(5)  For purposes of this section, a conviction is any
663	disposition other than acquittal or dismissal.
664	(6)  A blue crab endorsement may not be renewed until all
665	fees and administrative penalties imposed under this section are
666	paid.
667	(7)  Subsections (3), (4), (5), and (6) shall expire on
668	July 1, 2009, unless reenacted by the Legislature during the
669	2009 Regular Session.
670	Section 10.  Subsections (2) and (3) of section 370.14,
671	Florida Statutes, are amended to read:
672	370.14  Spiny lobster; regulation.--
673	(2)(a)1.  Each commercial harvester taking or attempting to
674	take spiny lobster with a trap in commercial quantities or for
675	commercial purposes shall obtain and exhibit a spiny lobster
676	endorsement trap number, as required by the Fish and Wildlife
677	Conservation Commission. The annual fee for a spiny lobster
678	endorsement trap number is $125. This endorsement trap number
679	may be issued by the commission upon the receipt of application
680	by the commercial harvester when accompanied by the payment of
681	the fee. The design of the applications and of the trap tag
682	number shall be determined by the commission. Any trap or device
683	used in taking or attempting to take spiny lobster, other than a
684	trap with the endorsement trap number, shall be seized and
685	destroyed by the commission. The proceeds of the fees imposed by
686	this paragraph shall be deposited and used as provided in
687	paragraph (b). The commission may adopt rules to carry out the
688	intent of this section.
689	2.  Each commercial harvester taking or attempting to take
690	spiny lobster in commercial quantities or for commercial
691	purposes by any method, other than with a trap having a spiny
692	lobster endorsement trap number issued by the commission, must
693	pay an annual fee of $100.
694	(b)  Twenty-five dollars of the $125 fee for a spiny
695	lobster endorsement trap number required under subparagraph
696	(a)1. must be used only for trap retrieval as provided in s.
697	370.143. The remainder of the fees collected under pursuant to
698	paragraph (a) shall be deposited as follows:
699	1.  Fifty percent of the fees collected shall be deposited
700	in the Marine Resources Conservation Trust Fund for use in
701	enforcing the provisions of paragraph (a) through aerial and
702	other surveillance and trap retrieval.
703	2.  Fifty percent of the fees collected shall be deposited
704	as provided in s. 370.142(5).
705	(3)  The spiny lobster endorsement license must be on board
706	the boat, and both the endorsement license and the harvested
707	spiny lobster shall be subject to inspection at all times. Only
708	one endorsement license shall be issued for each boat. The spiny
709	lobster endorsement license number must be prominently displayed
710	above the topmost portion of the boat so as to be easily and
711	readily identified.
712	Section 11.  Section 370.1405, Florida Statutes, is amended
713	to read:
714	370.1405  Spiny lobster Crawfish reports by dealers during
715	closed season required.--
716	(1)  Within 3 days after the commencement of the closed
717	season for the taking of spiny lobster saltwater crawfish, each
718	and every seafood dealer, either retail or wholesale, intending
719	to possess whole spiny lobster crawfish, spiny lobster crawfish
720	tails, or spiny lobster crawfish meat during closed season shall
721	submit to the Fish and Wildlife Conservation Commission, on
722	forms provided by the commission, a sworn report of the
723	quantity, in pounds, of saltwater whole spiny lobster crawfish,
724	spiny lobster crawfish tails, and spiny lobster crawfish meat in
725	the dealer's name or possession as of the date the season
726	closed. This report shall state the location and number of
727	pounds of whole spiny lobster crawfish, spiny lobster crawfish
728	tails, and spiny lobster crawfish meat. The commission shall not
729	accept any reports not delivered or postmarked by midnight of
730	the 3rd calendar day after the commencement of the closed
731	season, and any stocks of spiny lobster crawfish reported
732	therein are declared a nuisance and may be seized by the
733	commission.
734	(2)  Failure to submit a report as described in subsection
735	(1) or reporting a greater or lesser amount of whole spiny
736	lobster crawfish, spiny lobster crawfish tails, or spiny lobster
737	crawfish meat than is actually in the dealer's possession or
738	name is a major violation of this chapter, punishable as
739	provided in s. 370.021(1), s. 370.07(6)(b), or both. The
740	commission shall seize the entire supply of unreported or
741	falsely reported whole spiny lobster crawfish, spiny lobster
742	crawfish tails, or spiny lobster crawfish meat, and shall carry
743	the same before the court for disposal. The dealer shall post a
744	cash bond in the amount of the fair value of the entire quantity
745	of unreported or falsely reported spiny lobster crawfish as
746	determined by the judge. After posting the cash bond, the dealer
747	shall have 24 hours to transport said products outside the
748	limits of Florida for sale as provided by s. 370.061. Otherwise,
749	the product shall be declared a nuisance and disposed of by the
750	commission according to law.
751	(3)  All dealers having reported stocks of spiny lobster
752	crawfish may sell or offer to sell such stocks of spiny lobster
753	crawfish; however, such dealers shall submit an additional
754	report on the last day of each month during the duration of the
755	closed season. Reports shall be made on forms supplied by the
756	commission. Each dealer shall state on this report the number of
757	pounds brought forward from the previous report period, the
758	number of pounds sold during the report period, the number of
759	pounds, if any, acquired from a licensed wholesale dealer during
760	the report period, and the number of pounds remaining on hand.
761	In every case, the amount of spiny lobster crawfish sold plus
762	the amount reported on hand shall equal the amount acquired plus
763	the amount reported remaining on hand in the last submitted
764	report. Copies of records or invoices documenting the number of
765	pounds acquired during the closed season must be maintained by
766	the wholesale or retail dealer and shall be kept available for
767	inspection by the commission for a period not less than 3 years
768	from the date of the recorded transaction. Reports postmarked
769	later than midnight on the 3rd calendar day of each month during
770	the duration of the closed season will not be accepted by the
771	commission. Dealers for which late supplementary reports are not
772	accepted by the commission must show just cause why their entire
773	stock of whole spiny lobster crawfish, spiny lobster crawfish
774	tails, or spiny lobster crawfish meat should not be seized by
775	the commission. Whenever a dealer fails to timely submit the
776	monthly supplementary report as described in this subsection,
777	the dealer may be subject to the following civil penalties:
778	(a)  For a first violation, the commission shall assess a
779	civil penalty of $500.
780	(b)  For a second violation within the same spiny lobster
781	crawfish closed season, the commission shall assess a civil
782	penalty of $1,000.
783	(c)  For a third violation within the same spiny lobster
784	crawfish closed season, the commission shall assess a civil
785	penalty of $2,500 and may seize said dealer's entire stock of
786	whole spiny lobster crawfish, spiny lobster crawfish tails, or
787	spiny lobster crawfish meat and carry the same before the court
788	for disposal. The dealer shall post a cash bond in the amount of
789	the fair value of the entire remaining quantity of spiny lobster
790	crawfish as determined by the judge. After posting the cash
791	bond, a dealer shall have 24 hours to transport said products
792	outside the limits of Florida for sale as provided by s.
793	370.061. Otherwise, the product shall be declared a nuisance and
794	disposed of by the commission according to law.
795	(4)  All seafood dealers shall at all times during the
796	closed season make their stocks of whole spiny lobster crawfish,
797	spiny lobster crawfish tails, or spiny lobster crawfish meat
798	available for inspection by the commission.
799	(5)  Each wholesale and retail dealer in whole spiny
800	lobster crawfish, spiny lobster crawfish tails, or spiny lobster
801	crawfish meat shall keep throughout the period of the spiny
802	lobster crawfish closed season copies of the bill of sale or
803	invoice covering each transaction involving whole spiny lobster
804	crawfish, spiny lobster crawfish tails, or spiny lobster
805	crawfish meat. Such invoices and bills shall be kept available
806	at all times for inspection by the commission.
807	(6)  The Fish and Wildlife Conservation Commission may
808	adopt rules incorporating by reference such forms as are
809	necessary to administer this section.
810	Section 12.  Subsection (2) of section 370.142, Florida
811	Statutes, is amended to read:
812	370.142  Spiny lobster trap certificate program.--
813	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
814	PENALTIES.--The Fish and Wildlife Conservation Commission shall
815	establish a trap certificate program for the spiny lobster
816	fishery of this state and shall be responsible for its
817	administration and enforcement as follows:
818	(a)  Transferable trap certificates.--Each holder of a
819	saltwater products license who uses traps for taking or
820	attempting to take spiny lobsters shall be required to have a
821	certificate on record for each trap possessed or used therefor,
822	except as otherwise provided in this section.
823	1.  The Department of Environmental Protection shall
824	initially allot such certificates to each licenseholder with a
825	current crawfish trap number who uses traps. The number of such
826	certificates allotted to each such licenseholder shall be based
827	on the trap/catch coefficient established pursuant to trip
828	ticket records generated under the provisions of s. 370.06(2)
829	over a 3-year base period ending June 30, 1991. The trap/catch
830	coefficient shall be calculated by dividing the sum of the
831	highest reported single license-year landings up to a maximum of
832	30,000 pounds for each such licenseholder during the base period
833	by 700,000. Each such licenseholder shall then be allotted the
834	number of certificates derived by dividing his or her highest
835	reported single license-year landings up to a maximum of 30,000
836	pounds during the base period by the trap/catch coefficient.
837	Nevertheless, no licenseholder with a current crawfish trap
838	number shall be allotted fewer than 10 certificates. However,
839	certificates may only be issued to individuals; therefore, all
840	licenseholders other than individual licenseholders shall
841	designate the individual or individuals to whom their
842	certificates will be allotted and the number thereof to each, if
843	more than one. After initial issuance, Trap certificates are
844	transferable on a market basis and may be transferred from one
845	licenseholder to another for a fair market value agreed upon
846	between the transferor and transferee. Each such transfer shall,
847	within 72 hours thereof, be recorded on a notarized form
848	provided for that purpose by the Fish and Wildlife Conservation
849	Commission and hand delivered or sent by certified mail, return
850	receipt requested, to the commission for recordkeeping purposes.
851	In addition, In order to cover the added administrative costs of
852	the program and to recover an equitable natural resource rent
853	for the people of the state, a transfer fee of $2 per
854	certificate transferred shall be assessed against the purchasing
855	licenseholder and sent by money order or cashier's check with
856	the certificate transfer form. Also, in addition to the transfer
857	fee, a surcharge of $5 per certificate transferred or 25 percent
858	of the actual market value, whichever is greater, given to the
859	transferor shall be assessed the first time a certificate is
860	transferred outside the original transferor's immediate family.
861	No transfer of a certificate shall be effective until the
862	commission receives the notarized transfer form and the transfer
863	fee, including any surcharge, is paid. The commission may
864	establish by rule an amount of equitable rent per trap
865	certificate that shall be recovered as partial compensation to
866	the state for the enhanced access to its natural resources. A
867	rule establishing an amount of equitable rent shall become
868	effective only after approval by the Legislature Final approval
869	of such a rule shall be by the Governor and Cabinet sitting as
870	the Board of Trustees of the Internal Improvement Trust Fund. In
871	determining whether to establish such a rent and, if so, the
872	amount thereof, the commission shall consider the amount of
873	revenues annually generated by certificate fees, transfer fees,
874	surcharges, trap license fees, and sales taxes, the demonstrated
875	fair market value of transferred certificates, and the continued
876	economic viability of the commercial lobster industry. All The
877	proceeds of equitable rent recovered shall be deposited in the
878	Marine Resources Conservation Trust Fund and used by the
879	commission for research, management, and protection of the spiny
880	lobster fishery and habitat. A transfer fee may not be assessed
881	or required when the transfer is within a family as a result of
882	the death or disability of the certificate owner. A surcharge
883	will not be assessed for any transfer within an individual's
884	immediate family.
885	2.  No person, firm, corporation, or other business entity
886	may control, directly or indirectly, more than 1.5 percent of
887	the total available certificates in any license year.
888	3.  The commission shall maintain records of all
889	certificates and their transfers and shall annually provide each
890	licenseholder with a statement of certificates held.
891	4.  The number of trap tags issued annually to each
892	licenseholder shall not exceed the number of certificates held
893	by the licenseholder at the time of issuance, and such tags and
894	a statement of certificates held shall be issued simultaneously.
895	5.  Beginning July 1, 2003, and applicable to the 2003-2004
896	lobster season and thereafter, It is unlawful for any person to
897	lease spiny lobster trap tags or certificates.
898	(b)  Trap tags.--Each trap used to take or attempt to take
899	spiny lobsters in state waters or adjacent federal waters shall,
900	in addition to the spiny lobster endorsement crawfish trap
901	number required by s. 370.14(2), have affixed thereto an annual
902	trap tag issued by the commission. Each such tag shall be made
903	of durable plastic or similar material and shall, based on the
904	number of certificates held, have stamped thereon the owner's
905	license number. To facilitate enforcement and recordkeeping,
906	such tags shall be issued each year in a color different from
907	that of each of the previous 3 years. The annual certificate fee
908	shall be $1 per certificate. Replacement tags for lost or
909	damaged tags may be obtained as provided by rule of the
910	commission. In the event of a major natural disaster, such as a
911	hurricane or major storm, that causes massive trap losses within
912	an area declared by the Governor to be a disaster emergency
913	area, the commission may temporarily defer or waive replacement
914	tag fees.
915	(c)  Prohibitions; penalties.--
916	1.  It is unlawful for a person to possess or use a spiny
917	lobster trap in or on state waters or adjacent federal waters
918	without having affixed thereto the trap tag required by this
919	section. It is unlawful for a person to possess or use any other
920	gear or device designed to attract and enclose or otherwise aid
921	in the taking of spiny lobster by trapping that is not a trap as
922	defined by commission rule.
923	2.  It is unlawful for a person to possess or use spiny
924	lobster trap tags without having the necessary number of
925	certificates on record as required by this section.
926	3.  It is unlawful for any person to willfully molest, take
927	possession of, or remove the contents of another harvester's
928	spiny lobster trap without the express written consent of the
929	trap owner available for immediate inspection. Unauthorized
930	possession of another's trap gear or removal of trap contents
931	constitutes theft.
932	a.  A commercial harvester who violates this subparagraph
933	shall be punished under ss. 370.021 and 370.14. Any commercial
934	harvester receiving a judicial disposition other than dismissal
935	or acquittal on a charge of theft of or from a trap pursuant to
936	this subparagraph or s. 370.1107 shall, in addition to the
937	penalties specified in ss. 370.021 and 370.14 and the provisions
938	of this section, permanently lose all his or her saltwater
939	fishing privileges, including his or her saltwater products
940	license, spiny lobster endorsement, and all trap certificates
941	allotted to him or her through this program. In such cases, trap
942	certificates and endorsements are nontransferable.
943	b.  Any commercial harvester receiving a judicial
944	disposition other than dismissal or acquittal on a charge of
945	willful molestation of a trap, in addition to the penalties
946	specified in ss. 370.021 and 370.14, shall lose all saltwater
947	fishing privileges for a period of 24 calendar months.
948	c.  In addition, any commercial harvester charged with
949	violating this subparagraph paragraph and receiving a judicial
950	disposition other than dismissal or acquittal for violating this
951	subparagraph or s. 370.1107 shall also be assessed an
952	administrative penalty of up to $5,000.
953
954	Immediately upon receiving a citation for a violation involving
955	theft of or from a trap, or molestation of a trap, and until
956	adjudicated for such a violation or, upon receipt of a judicial
957	disposition other than dismissal or acquittal of such a
958	violation, the commercial harvester person, firm, or corporation
959	committing the violation is prohibited from transferring any
960	spiny lobster trap certificates and endorsements.
961	4.  In addition to any other penalties provided in s.
962	370.021, a commercial harvester who violates the provisions of
963	this section or commission rules relating to spiny lobster traps
964	shall be punished as follows:
965	a.  If the first violation is for violation of subparagraph
966	1. or subparagraph 2., the commission shall assess an additional
967	administrative penalty of up to $1,000 and the spiny lobster
968	trap number issued pursuant to s. 370.14(2) or (6) may be
969	suspended for the remainder of the current license year. For all
970	other first violations, the commission shall assess an
971	additional administrative penalty of up to $500.
972	b.  For a second violation of subparagraph 1. or
973	subparagraph 2. which occurs within 24 months of any previous
974	such violation, the commission shall assess an additional
975	administrative penalty of up to $2,000 and the spiny lobster
976	endorsement trap number issued under pursuant to s. 370.14(2) or
977	(6) may be suspended for the remainder of the current license
978	year.
979	c.  For a third or subsequent violation of subparagraph 1.,
980	subparagraph 2., or subparagraph 3. which occurs within 36
981	months of any previous two such violations, the commission shall
982	assess an additional administrative penalty of up to $5,000 and
983	may suspend the spiny lobster endorsement trap number issued
984	under pursuant to s. 370.14(2) or (6) for a period of up to 24
985	months or may revoke the spiny lobster endorsement trap number
986	and, if revoking the spiny lobster endorsement trap number, may
987	also proceed against the licenseholder's saltwater products
988	license in accordance with the provisions of s. 370.021(2)(h).
989	d.  Any person assessed an additional administrative
990	penalty pursuant to this section shall within 30 calendar days
991	after notification:
992	(I)  Pay the administrative penalty to the commission; or
993	(II)  Request an administrative hearing pursuant to the
994	provisions of ss. 120.569 and 120.57.
995	e.  The commission shall suspend the spiny lobster
996	endorsement trap number issued under pursuant to s. 370.14(2) or
997	(6) for any person failing to comply with the provisions of sub-
998	subparagraph d.
999	5.a.  It is unlawful for any person to make, alter, forge,
1000	counterfeit, or reproduce a spiny lobster trap tag or
1001	certificate.
1002	b.  It is unlawful for any person to knowingly have in his
1003	or her possession a forged, counterfeit, or imitation spiny
1004	lobster trap tag or certificate.
1005	c.  It is unlawful for any person to barter, trade, sell,
1006	supply, agree to supply, aid in supplying, or give away a spiny
1007	lobster trap tag or certificate or to conspire to barter, trade,
1008	sell, supply, aid in supplying, or give away a spiny lobster
1009	trap tag or certificate unless such action is duly authorized by
1010	the commission as provided in this chapter or in the rules of
1011	the commission.
1012	6.a.  Any commercial harvester who violates the provisions
1013	of subparagraph 5., or any commercial harvester who engages in
1014	the commercial harvest, trapping, or possession of spiny lobster
1015	without a spiny lobster endorsement trap number as required by
1016	s. 370.14(2) or (6) or during any period while such spiny
1017	lobster endorsement trap number is under suspension or
1018	revocation, commits a felony of the third degree, punishable as
1019	provided in s. 775.082, s. 775.083, or s. 775.084.
1020	b.  In addition to any penalty imposed pursuant to sub-
1021	subparagraph a., the commission shall levy a fine of up to twice
1022	the amount of the appropriate surcharge to be paid on the fair
1023	market value of the transferred certificates, as provided in
1024	subparagraph (a)1., on any commercial harvester who violates the
1025	provisions of sub-subparagraph 5.c.
1026	c.  In addition to any penalty imposed pursuant to sub-
1027	subparagraph a., any commercial harvester receiving any judicial
1028	disposition other than acquittal or dismissal for a violation of
1029	subparagraph 5. shall be assessed an administrative penalty of
1030	up to $5,000, and the spiny lobster endorsement under which the
1031	violation was committed may be suspended for up to 24 calendar
1032	months. Immediately upon issuance of a citation involving a
1033	violation of subparagraph 5. and until adjudication of such a
1034	violation, and after receipt of any judicial disposition other
1035	than acquittal or dismissal for such a violation, the commercial
1036	harvester holding the spiny lobster endorsement listed on the
1037	citation is prohibited from transferring any spiny lobster trap
1038	certificates.
1039	d.c.  Any other person who violates the provisions of
1040	subparagraph 5. commits a Level Four violation under s. 372.83.
1041	7.  Any certificates for which the annual certificate fee
1042	is not paid for a period of 3 years shall be considered
1043	abandoned and shall revert to the commission. During any period
1044	of trap reduction, any certificates reverting to the commission
1045	shall become permanently unavailable and be considered in that
1046	amount to be reduced during the next license-year period.
1047	Otherwise, any certificates that revert to the commission are to
1048	be reallotted in such manner as provided by the commission.
1049	8.  The proceeds of all administrative civil penalties
1050	collected pursuant to subparagraph 4. and all fines collected
1051	pursuant to sub-subparagraph 6.b. shall be deposited into the
1052	Marine Resources Conservation Trust Fund.
1053	9.  All traps shall be removed from the water during any
1054	period of suspension or revocation.
1055	10.  Except as otherwise provided, any person who violates
1056	this paragraph commits a Level Two violation under s. 372.83.
1057	(d)  No vested rights.--The trap certificate program shall
1058	not create vested rights in licenseholders whatsoever and may be
1059	altered or terminated as necessary to protect the spiny lobster
1060	resource, the participants in the fishery, or the public
1061	interest.
1062	Section 13.  Section 370.143, Florida Statutes, is amended
1063	to read:
1064	370.143  Retrieval of spiny lobster, crawfish, and stone
1065	crab, blue crab, and black sea bass traps during closed season;
1066	commission authority; fees.--
1067	(1)  The Fish and Wildlife Conservation Commission is
1068	authorized to implement a trap retrieval program for retrieval
1069	of spiny lobster, crawfish, and stone crab, blue crab, and black
1070	sea bass traps remaining in the water during the closed season
1071	for each species. The commission is authorized to contract with
1072	outside agents for the program operation.
1073	(2)  A retrieval fee of $10 per trap retrieved shall be
1074	assessed trap owners. However, for each person holding a spiny
1075	lobster endorsement, crawfish stamp number or a stone crab
1076	endorsement, or a blue crab endorsement issued under rule of the
1077	commission, the retrieval fee shall be waived for the first five
1078	traps retrieved. Traps recovered under this program shall become
1079	the property of the commission or its contract agent, as
1080	determined by the commission, and shall be either destroyed or
1081	resold to the original owner. Revenue from retrieval fees shall
1082	be deposited in the Marine Resources Conservation Trust Fund and
1083	used solely for operation of the trap retrieval program.
1084	(3)  Payment of all assessed retrieval fees shall be
1085	required prior to renewal of the trap owner's saltwater products
1086	license and stone crab and or crawfish endorsements. Retrieval
1087	fees assessed under this program shall stand in lieu of other
1088	penalties imposed for such trap violations.
1089	(4)  In the event of a major natural disaster, such as a
1090	hurricane or major storm, that causes massive trap losses within
1091	an area declared by the Governor to be a disaster emergency
1092	area, the commission shall waive trap retrieval fees In the
1093	event of a major natural disaster in an area declared by the
1094	Governor to be a disaster emergency area, such as a hurricane or
1095	major storm causing massive trap losses, the commission shall
1096	waive the trap retrieval fee.
1097	Section 14.  Section 372.09, Florida Statutes, is amended
1098	to read:
1099	372.09  State Game Trust Fund.--The funds resulting from
1100	the operation of the commission and from the administration of
1101	the laws and regulations pertaining to birds, game, fur-bearing
1102	animals, freshwater fish, reptiles, and amphibians, together
1103	with any other funds specifically provided for such purposes
1104	shall constitute the State Game Trust Fund and shall be used by
1105	the commission as it shall deem fit in carrying out the
1106	provisions hereof and for no other purposes, except that annual
1107	use fees deposited into the trust fund from the sale of the
1108	Largemouth Bass license plate may be expended for the purposes
1109	provided under s. 320.08058(18). The commission may not obligate
1110	itself beyond the current resources of the State Game Trust Fund
1111	unless specifically so authorized by the Legislature.
1112	Section 15.  Subsection (13) of section 372.561, Florida
1113	Statutes, is renumbered as subsection (14), and a new subsection
1114	(13) is added to that section to read:
1115	372.561  Recreational licenses, permits, and authorization
1116	numbers to take wild animal life, freshwater aquatic life, and
1117	marine life; issuance; costs; reporting.--
1118	(13)  The commission, any tax collector in this state, or
1119	any subagent authorized to sell licenses and permits under s.
1120	372.574 may request and collect donations when selling a
1121	recreational license or permit authorized under s. 372.57. All
1122	donations collected under this subsection shall be deposited
1123	into the State Game Trust Fund to be used solely for the purpose
1124	of enhancing youth hunting and youth freshwater and saltwater
1125	fishing programs. By January 1, the commission shall provide a
1126	complete and detailed annual report on the status of its youth
1127	programs and activities performed under this subsection to the
1128	Governor, the President of the Senate, and the Speaker of the
1129	House of Representatives.
1130	Section 16.  Subsection (2) of section 372.562, Florida
1131	Statutes, is amended to read:
1132	372.562  Recreational licenses and permits; exemptions from
1133	fees and requirements.--
1134	(2)  A hunting, freshwater fishing, or saltwater fishing
1135	license or permit is not required for:
1136	(a)  Any child under 16 years of age, except as otherwise
1137	provided in this chapter.
1138	(b)  Any person hunting or freshwater fishing on her or his
1139	homestead property, or on the homestead property of the person's
1140	spouse or minor child; or any minor child hunting or freshwater
1141	fishing on the homestead property of her or his parent.
1142	(c)  Any resident who is a member of the United States
1143	Armed Forces and not stationed in this state, when home on leave
1144	for 30 days or less, upon submission of orders.
1145	(d)  Any resident freshwater fishing for recreational
1146	purposes only, within her or his county of residence with live
1147	or natural bait, using poles or lines not equipped with a
1148	fishing line retrieval mechanism. This exemption does not apply
1149	to residents fishing in, except on a legally established fish
1150	management area.
1151	(e)  Any person freshwater fishing in a fish pond of 20
1152	acres or less that is located entirely within the private
1153	property of the fish pond owner.
1154	(f)  Any person freshwater fishing in a fish pond that is
1155	licensed in accordance with s. 372.5705.
1156	(g)  Any person fishing who has been accepted as a client
1157	for developmental disabilities services by the Department of
1158	Children and Family Services, provided the department furnishes
1159	proof thereof.
1160	(h)  Any resident saltwater fishing in salt water from land
1161	or from a structure fixed to the land.
1162	(i)  Any person saltwater fishing from a vessel licensed
1163	pursuant to s. 372.57(7).
1164	(j)  Any person saltwater fishing from a vessel the
1165	operator of which is licensed pursuant to s. 372.57(7).
1166	(k)  Any person saltwater fishing who holds a valid
1167	saltwater products license issued under s. 370.06(2).
1168	(l)  Any person saltwater fishing for recreational purposes
1169	from a pier licensed under s. 372.57.
1170	(m)  Any resident fishing for a saltwater species in fresh
1171	water from land or from a structure fixed to land.
1172	(n)  Any resident fishing for mullet in fresh water who has
1173	a valid Florida freshwater fishing license.
1174	(o)  Any resident 65 years of age or older who has in her
1175	or his possession proof of age and residency. A no-cost license
1176	under this paragraph may be obtained from any tax collector's
1177	office upon proof of age and residency and must be in the
1178	possession of the resident during hunting, freshwater fishing,
1179	and saltwater fishing activities.
1180	(p)  Any employee of the commission who takes freshwater
1181	fish, saltwater fish, or game as part of employment with the
1182	commission, or any other person authorized by commission permit
1183	to take freshwater fish, saltwater fish, or game for scientific
1184	or educational purposes.
1185	(q)  Any resident recreationally freshwater fishing who
1186	holds a valid commercial fishing license issued under s.
1187	372.65(1)(a).
1188	Section 17.  Effective October 1, 2007, subsections (4) and
1189	(5), paragraph (h) of subsection (8), subsection (9), and
1190	paragraph (c) of subsection (10) of section 372.57, Florida
1191	Statutes, are amended to read:
1192	372.57  Recreational licenses, permits, and authorization
1193	numbers; fees established.--
1194	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
1195	and fees for residents participating in hunting and fishing
1196	activities in this state are as follows:
1197	(a)  Annual freshwater fishing license, $15.50 $12.
1198	(b)  Annual saltwater fishing license, $15.50 $12.
1199	(c)  Annual hunting license to take game, $15.50 $11.
1200	(d)  Annual combination hunting and freshwater fishing
1201	license, $31 $22.
1202	(e)  Annual combination freshwater fishing and saltwater
1203	fishing license, $31 $24.
1204	(f)  Annual combination hunting, freshwater fishing, and
1205	saltwater fishing license, $46.50 $34.
1206	(g)  Annual license to take fur-bearing animals, $25.
1207	However, a resident with a valid hunting license or a no-cost
1208	license who is taking fur-bearing animals for noncommercial
1209	purposes using guns or dogs only, and not traps or other
1210	devices, is not required to purchase this license. Also, a
1211	resident 65 years of age or older is not required to purchase
1212	this license.
1213	(h)  Annual sportsman's license, $79 $71, except that an
1214	annual sportsman's license for a resident 64 years of age or
1215	older is $12. A sportsman's license authorizes the person to
1216	whom it is issued to take game and freshwater fish, subject to
1217	the state and federal laws, rules, and regulations, including
1218	rules of the commission, in effect at the time of the taking.
1219	Other authorized activities include activities authorized by a
1220	management area permit, a muzzle-loading gun season permit, a
1221	crossbow season permit, a turkey permit, a Florida waterfowl
1222	permit, and an archery season permit.
1223	(i)  Annual gold sportsman's license, $98.50 $87. The gold
1224	sportsman's license authorizes the person to whom it is issued
1225	to take freshwater fish, saltwater fish, and game, subject to
1226	the state and federal laws, rules, and regulations, including
1227	rules of the commission, in effect at the time of taking. Other
1228	authorized activities include activities authorized by a
1229	management area permit, a muzzle-loading gun season permit, a
1230	crossbow season permit, a turkey permit, a Florida waterfowl
1231	permit, an archery season permit, a snook permit, and a spiny
1232	lobster permit.
1233	(j)  Annual military gold sportsman's license, $18.50. The
1234	gold sportsman's license authorizes the person to whom it is
1235	issued to take freshwater fish, saltwater fish, and game,
1236	subject to the state and federal laws, rules, and regulations,
1237	including rules of the commission, in effect at the time of
1238	taking. Other authorized activities include activities
1239	authorized by a management area permit, a muzzle-loading gun
1240	season permit, a crossbow season permit, a turkey permit, a
1241	Florida waterfowl permit, an archery season permit, a snook
1242	permit, and a spiny lobster permit. Any resident who is an
1243	active or retired member of the United States Armed Forces, the
1244	United States Armed Forces Reserve, the National Guard, the
1245	United States Coast Guard, or the United States Coast Guard
1246	Reserve is eligible to purchase the military gold sportsman's
1247	license upon submission of a current military identification
1248	card.
1249	(5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The
1250	licenses and fees for nonresidents participating in hunting and
1251	fishing activities in the state are as follows:
1252	(a)  Freshwater fishing license to take freshwater fish for
1253	3 consecutive days, $15.50.
1254	(b)(a)  Freshwater fishing license to take freshwater fish
1255	for 7 consecutive days, $28.50 $15.
1256	(c)(b)  Saltwater fishing license to take saltwater fish
1257	for 3 consecutive days, $15.50 $5.
1258	(d)(c)  Saltwater fishing license to take saltwater fish
1259	for 7 consecutive days, $28.50 $15.
1260	(e)(d)  Annual freshwater fishing license, $45.50 $30.
1261	(f)(e)  Annual saltwater fishing license, $45.50 $30.
1262	(g)(f)  Hunting license to take game for 10 consecutive
1263	days, $45.
1264	(h)(g)  Annual hunting license to take game, $150.
1265	(i)(h)  Annual license to take fur-bearing animals, $25.
1266	However, a nonresident with a valid Florida hunting license who
1267	is taking fur-bearing animals for noncommercial purposes using
1268	guns or dogs only, and not traps or other devices, is not
1269	required to purchase this license.
1270	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
1271	PERMITS.--In addition to any license required under this
1272	chapter, the following permits and fees for specified hunting,
1273	fishing, and recreational uses and activities are required:
1274	(h)1.  A recreational user permit is required to hunt on,
1275	fish on, or otherwise use for outdoor recreational purposes land
1276	leased by the commission from private nongovernmental owners,
1277	except for those lands located directly north of the
1278	Apalachicola National Forest, east of the Ochlocknee River until
1279	the point the river meets the dam forming Lake Talquin, and
1280	south of the closest federal highway. The fee for a recreational
1281	user permit shall be based upon the economic compensation
1282	desired by the landowner, game population levels, desired hunter
1283	density, and administrative costs. The permit fee shall be set
1284	by commission rule on a per-acre basis. The recreational user
1285	permit fee, less administrative costs of up to $25 per permit,
1286	shall be remitted to the landowner as provided in the lease
1287	agreement for each area.
1288	2.  One minor dependent, under 16 years of age or younger,
1289	may hunt under the supervision of the permittee and is exempt
1290	from the recreational user permit requirements. The spouse and
1291	dependent children of a permittee are exempt from the
1292	recreational user permit requirements when engaged in outdoor
1293	recreational activities other than hunting and when accompanied
1294	by a permittee. Notwithstanding any other provision of this
1295	chapter, no other exclusions, exceptions, or exemptions from the
1296	recreational user permit fee are authorized.
1297	(9)  RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--
1298	(a)  Five-year licenses are available for residents only,
1299	as follows:
1300	1.  A 5-year freshwater fishing or saltwater fishing
1301	license is $77.50 $60 for each type of license and authorizes
1302	the person to whom the license is issued to take or attempt to
1303	take or possess freshwater fish or saltwater fish consistent
1304	with the state and federal laws and regulations and rules of the
1305	commission in effect at the time of taking.
1306	2.  A 5-year hunting license is $77.50 $55 and authorizes
1307	the person to whom it is issued to take or attempt to take or
1308	possess game consistent with the state and federal laws and
1309	regulations and rules of the commission in effect at the time of
1310	taking.
1311	3.  The commission is authorized to sell the hunting,
1312	fishing, and recreational activity permits authorized in
1313	subsection (8) for a 5-year period to match the purchase of 5-
1314	year fishing and hunting licenses. The fee for each permit
1315	issued under this paragraph shall be five times the annual cost
1316	established in subsection (8).
1317	(b)  Proceeds from the sale of all 5-year licenses and
1318	permits shall be deposited into the Dedicated License Trust
1319	Fund, to be distributed in accordance with the provisions of s.
1320	372.106.
1321	(10)  RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING
1322	LICENSES.--
1323	(c)  The following activities are authorized by the
1324	purchase of a lifetime saltwater fishing license:
1325	1.  Taking, or attempting to take or possess, saltwater
1326	fish consistent with the state and federal laws and regulations
1327	and rules of the commission in effect at the time of the taking.
1328	2.  All activities authorized by a snook permit and a spiny
1329	lobster crawfish permit.
1330	3.  All activities for which an additional license, permit,
1331	or fee is required to take or attempt to take or possess
1332	saltwater fish, which additional license, permit, or fee was
1333	imposed subsequent to the date of the purchase of the lifetime
1334	saltwater fishing license.
1335	Section 18.  Paragraph (d) is added to subsection (2) of
1336	section 372.672, Florida Statutes, to read:
1337	372.672  Florida Panther Research and Management Trust
1338	Fund.--
1339	(2)  Money from the fund shall be spent only for the
1340	following purposes:
1341	(d)  To promote and market the Florida panther license
1342	plate authorized under s. 320.08058.
1343	Section 19.  Subsection (1) of section 861.021, Florida
1344	Statutes, is amended to read:
1345	861.021  Obstructing channels; misdemeanor.--
1346	(1)  It is unlawful for any person to place any spiny
1347	lobster crawfish, crab, or fish trap or set net or other similar
1348	device with a buoy or marker attached so that said buoy or
1349	marker obstructs the navigation of boats in channels of the
1350	waters of the state which are marked by, and which markers are
1351	continuously maintained by, the Coast Guard of the United
1352	States.
1353	Section 20.  Section 372.571, Florida Statutes, is amended
1354	to read:
1355	372.571  Expiration of licenses and permits.--Each license
1356	or permit issued under this chapter must be dated when issued.
1357	Each license or permit issued under this chapter remains valid
1358	for 12 months after the date of issuance, except for a lifetime
1359	license issued pursuant to s. 372.57 which is valid from the
1360	date of issuance until the death of the individual to whom the
1361	license is issued unless otherwise revoked in accordance with s.
1362	372.83 or s. 372.99, or a 5-year license issued pursuant to s.
1363	372.57 which is valid for 5 consecutive years from the date of
1364	purchase unless otherwise revoked in accordance with s. 372.83
1365	or s. 372.99, or a license issued pursuant to s. 372.57(5)(a),
1366	(b), (c), (d), or (g) (f) or (8)(f), or (g)2., or (h)1., which
1367	is valid for the period specified on the license. A resident
1368	lifetime license or a resident 5-year license that has been
1369	purchased by a resident of this state and who subsequently
1370	resides in another state shall be honored for activities
1371	authorized by that license.
1372	Section 21.  Subsection (2) of section 372.661, Florida
1373	Statutes, is amended to read:
1374	372.661  Private hunting preserve license fees;
1375	exception.--
1376	(2)  A commercial hunting preserve license, which shall
1377	exempt patrons of licensed preserves from the license and permit
1378	requirements of s. 372.57(4)(c), (d), (f), (h), (i), and (j);
1379	(5)(f) and (g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11);
1380	and (12) while hunting on the licensed preserve property, shall
1381	be $500. Such commercial hunting preserve license shall be
1382	available only to those private hunting preserves licensed
1383	pursuant to this section which are operated exclusively for
1384	commercial purposes, which are open to the public, and for which
1385	a uniform fee is charged to patrons for hunting privileges.
1386	Section 22.  Paragraph (a) of subsection (2) and paragraph
1387	(a) of subsection (4) of section 372.83, Florida Statutes, are
1388	amended to read:
1389	372.83  Penalties and violations; civil penalties for
1390	noncriminal infractions; criminal penalties; suspension and
1391	forfeiture of licenses and permits.--
1392	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1393	violation if he or she violates any of the following provisions:
1394	1.  Rules or orders of the commission relating to seasons
1395	or time periods for the taking of wildlife, freshwater fish, or
1396	saltwater fish.
1397	2.  Rules or orders of the commission establishing bag,
1398	possession, or size limits or restricting methods of taking
1399	wildlife, freshwater fish, or saltwater fish.
1400	3.  Rules or orders of the commission prohibiting access or
1401	otherwise relating to access to wildlife management areas or
1402	other areas managed by the commission.
1403	4.  Rules or orders of the commission relating to the
1404	feeding of wildlife, freshwater fish, or saltwater fish.
1405	5.  Rules or orders of the commission relating to landing
1406	requirements for freshwater fish or saltwater fish.
1407	6.  Rules or orders of the commission relating to
1408	restricted hunting areas, critical wildlife areas, or bird
1409	sanctuaries.
1410	7.  Rules or orders of the commission relating to tagging
1411	requirements for game and fur-bearing animals.
1412	8.  Rules or orders of the commission relating to the use
1413	of dogs for the taking of game.
1414	9.  Rules or orders of the commission which are not
1415	otherwise classified.
1416	10.  All prohibitions in chapter 370 which are not
1417	otherwise classified.
1418	11.  Section 370.028, prohibiting the violation of or
1419	noncompliance with commission rules.
1420	12.  Section 370.021(6) prohibiting the sale, purchase,
1421	harvest, or attempted harvest of any saltwater product with
1422	intent to sell.
1423	13.  Section 370.08, prohibiting the obstruction of
1424	waterways with net gear.
1425	14.  Section 370.1105, prohibiting the unlawful use of
1426	finfish traps.
1427	15.  Section 370.1121, prohibiting the unlawful taking of
1428	bonefish.
1429	16.  Section 370.13(2)(a) and (b), prohibiting the
1430	possession or use of stone crab traps without trap tags and
1431	theft of trap contents or gear.
1432	17.  Section 370.135(4)(b)(1)(c), prohibiting the theft of
1433	blue crab trap contents or trap gear.
1434	18.  Section 370.142(2)(c), prohibiting the possession or
1435	use of spiny lobster traps without trap tags or certificates and
1436	theft of trap contents or trap gear.
1437	19.  Section 372.5704, prohibiting the possession of tarpon
1438	without purchasing a tarpon tag.
1439	20.  Section 372.667, prohibiting the feeding or enticement
1440	of alligators or crocodiles.
1441	21.  Section 372.705, prohibiting the intentional
1442	harassment of hunters, fishers, or trappers.
1443	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1444	Four violation if he or she violates any of the following
1445	provisions:
1446	1.  Section 370.13(2)(c), prohibiting criminal activities
1447	relating to the taking of stone crabs.
1448	2.  Section 370.135(4)(c)(1)(b), prohibiting criminal
1449	activities relating to the taking and harvesting of blue crabs
1450	the willful molestation of blue crab gear.
1451	3.  Section 370.14(4), prohibiting the willful molestation
1452	of spiny lobster gear.
1453	4.  Section 370.142(2)(c)5., prohibiting the unlawful
1454	reproduction, possession, sale, trade, or barter of spiny
1455	lobster trap tags or certificates.
1456	5.  Section 372.57(16), prohibiting the making, forging,
1457	counterfeiting, or reproduction of a recreational license or
1458	possession of same without authorization from the commission.
1459	6.  Section 372.99(5), prohibiting the sale of illegally-
1460	taken deer or wild turkey.
1461	7.  Section 372.99022, prohibiting the molestation or theft
1462	of freshwater fishing gear.
1463	Section 23.  For the purpose of incorporating the amendment
1464	made by this act to section 372.57, Florida Statutes, in
1465	references thereto, section 372.573, Florida Statutes, is
1466	reenacted to read:
1467	372.573  Management area permit revenues.--The commission
1468	shall expend the revenue generated from the sale of the
1469	management area permit as provided for in s. 372.57(8)(g) or
1470	that pro rata portion of any license that includes management
1471	area privileges as provided for in s. 372.57(4)(h), (i), and (j)
1472	for the lease, management, and protection of lands for public
1473	hunting, fishing, and other outdoor recreation.
1474	Section 24.  For the purpose of incorporating the amendment
1475	made by this act to section 320.08058, Florida Statutes, in a
1476	reference thereto, paragraph (c) of subsection (1) of section
1477	380.511, Florida Statutes, is reenacted to read:
1478	380.511  Florida Communities Trust Fund.--
1479	(1)  There is created the Florida Communities Trust Fund as
1480	a nonlapsing, revolving fund for projects, activities,
1481	acquisitions, and operating expenses necessary to carry out this
1482	part. The fund shall be held and administered by the trust. The
1483	following shall be credited to or deposited in the Florida
1484	Communities Trust Fund:
1485	(c)  Proceeds from the sale of environmental license plates
1486	authorized in s. 320.08058(5).
1487
1488	All moneys so deposited into the Florida Communities Trust Fund
1489	shall be trust funds for the uses and purposes set forth in this
1490	section, within the meaning of s. 215.32(1)(b); and such moneys
1491	shall not become or be commingled with the General Revenue Fund
1492	of the state, as defined by s. 215.32(1)(a).
1493	Section 25.  For the 2007-2008 fiscal year, the sum of
1494	$132,000 is appropriated from the Marine Resources Conservation
1495	Trust Fund to the Fish and Wildlife Conservation Commission for
1496	the purpose of implementing the blue crab effort management
1497	program pursuant to s. 370.135(3)(b), Florida Statutes, and
1498	providing for the administrative costs of the Blue Crab Advisory
1499	Board created by commission rules.
1500
1501	Section 26.  Except as otherwise expressly provided in this
1502	act, this act shall take effect July 1, 2007.

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