Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1304

545748

CHAMBER ACTION

Senate

Comm: RCS

4/22/2008

House

The Committee on Environmental Preservation and Conservation

(Saunders) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Chapter 379, Florida Statutes, is created and

entitled "Fish and Wildlife Conservation."

Section 2. Part I of chapter 379, Florida Statutes,

consisting of sections 379.101, 379.102, 379.1025, 379.10255,

379.103, 379.104, 379.105, 379.106, 379.201, 379.202, 379.202,

379.203, 379.204, 379.205, 379.206, 379.207, 379.208, 379.209,

379.211, 379.2201, 379.2202, 379.2203, 379.2211, 379.2212,

379.2213, 379.2221, 379.2222, 379.2223, 379.2224, 379.2225,

379.223, 379.224, 379.2251, 379.2252, 379.2253, 379.2254,

379.2255, 379.2256, 379.2257, 379.2258, 379.2259, 379.226,

379.2271, 379.2272, 379.2281, 379.2282, 379.2291, 379.2292,

379.230, 379.231, 379.232, 379.233, 379.2341, 379.2342, 379.2351,

379.2352, 379.2353, 379.236, and 379.237, is created to read:

PART I

GENERAL PROVISIONS

Section 3. Section 370.01, Florida Statutes, is renumbered

as section 379.101, Florida Statutes, and amended to read:

379.101 370.01 Definitions.--In construing these statutes,

where the context does not clearly indicate otherwise, the word,

phrase, or term:

(1) "Authorization" means a number issued by the Fish and

Wildlife Conservation Commission, or its authorized agent, which

serves in lieu of a license or permits and affords the privilege

purchased for a specified period of time.

(2) "Beaches" and "shores" shall mean the coastal and

intracoastal shoreline of this state bordering upon the waters of

the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida,

and any part thereof, and any other bodies of water under the

jurisdiction of the State of Florida, between the mean high-water

line and as far seaward as may be necessary to effectively carry

out the purposes of this act.

(3) "Closed season" shall be that portion of the year

wherein the laws or rules of Florida forbid the taking of

particular species of game or varieties of fish.

(4) "Coastal construction" includes any work or activity

which is likely to have a material physical effect on existing

coastal conditions or natural shore processes.

(5) "Commercial harvester" means any person, firm, or

corporation that takes, harvests, or attempts to take or harvest

saltwater products for sale or with intent to sell; that is

operating under or is required to operate under a license or

permit or authorization issued pursuant to this chapter; that is

using gear that is prohibited for use in the harvest of

recreational amounts of any saltwater product being taken or

harvested; or that is harvesting any saltwater product in an

amount that is at least two times the recreational bag limit for

the saltwater product being taken or harvested.

(6) "Commission" shall mean the Fish and Wildlife

Conservation Commission.

(7) "Common carrier" shall include any person, firm, or

corporation, who undertakes for hire, as a regular business, to

transport persons or commodities from place to place offering his

or her services to all such as may choose to employ the common

carrier and pay his or her charges.

(8) "Coon oysters" are oysters found growing in bunches

along the shore between high-water mark and low-water mark.

(9) "Department" shall mean the Department of Environmental

Protection.

(10) "Erosion control," "beach preservation," and

"hurricane protection" shall include any activity, work, program,

project, or other thing deemed necessary by the Department of

Environmental Protection to effectively preserve, protect,

restore, rehabilitate, stabilize, and improve the beaches and

shores of this state, as defined above.

(11) "Exhibit" means to present or display upon request.

(12) "Finfish" means any member of the classes Agnatha,

Chondrichthyes, or Osteichthyes.

(13) "Fish and game" means all fresh and saltwater fish,

shellfish, crustacea, sponges, wild birds, and wild animals.

(14) "Fish management area" means a pond, lake, or other

water within a county, or within several counties, designated to

improve fishing for public use, and established and specifically

circumscribed for authorized management by the commission and the

board of county commissioners of the county in which such waters

lie, under agreement between the commission and an owner with

approval by the board of county commissioners or under agreement

with the board of county commissioners for use of public waters

in the county in which such waters lie.

(15) "Fish pond" means a body of water that does not occur

naturally and that has been constructed and is maintained

primarily for the purpose of fishing.

(16)(13) "Food fish" shall include mullet, trout, redfish,

sheepshead, pompano, mackerel, bluefish, red snapper, grouper,

black drum, jack crevalle, and all other fish generally used for

human consumption.

(17) "Fresh water," except where otherwise provided by law,

means all lakes, rivers, canals, and other waterways of Florida,

to such point or points where the fresh and salt waters commingle

to such an extent as to become unpalatable and unfit for human

consumption because of the saline content, or to such point or

points as may be fixed by order of the commission by and with the

consent of the board of county commissioners of the county or

100

counties to be affected by such order. The Steinhatchee River

101

shall be considered fresh water from its source to mouth.

102

(18) "Freshwater fish" means all classes of pisces that are

103

indigenous to fresh water.

104

(19) "Fur-bearing animals" means muskrat, mink, raccoon,

105

otter, civet cat, skunk, red and gray fox, and opossum.

106

(20) "Game" means deer, bear, squirrel, rabbits, and, where

107

designated by commission rules, wild hogs, ducks, geese, rails,

108

coots, gallinules, snipe, woodcock, wild turkeys, grouse,

109

pheasants, quail, and doves.

110

(21)(14) "Guide" shall include any person engaged in the

111

business of guiding hunters or hunting parties, fishers or

112

fishing parties, for compensation.

113

(22)(15) "Marine fish" means any saltwater species of

114

finfish of the classes Agnatha, Chondrichthyes, and Osteichthyes,

115

and marine invertebrates in the classes Gastropoda, Bivalvia, and

116

Crustacea, or the phylum Echinodermata, but does not include

117

nonliving shells or Echinoderms.

118

(23)(16) "Molest," in connection with any fishing trap or

119

its buoy or buoy line, means to touch, bother, disturb, or

120

interfere or tamper with, in any manner.

121

(24)(17) A "natural oyster or clam reef" or "bed" or "bar"

122

shall be considered and defined as an area containing not less

123

than 100 square yards of the bottom where oysters or clams are

124

found in a stratum.

125

(25) "Nongame" means all species and populations of

126

indigenous wild vertebrates and invertebrates in the state that

127

are not defined as game.

128

(26)(18) "Nonresident alien" shall mean those individuals

129

from other nations who can provide documentation from the Bureau

130

of Citizenship and Immigration Services evidencing permanent

131

residency status in the United States. For the purposes of this

132

chapter, a "nonresident alien" shall be considered a

133

"nonresident."

134

(27)(19) "Open season" shall be that portion of the year

135

wherein the laws of Florida for the preservation of fish and game

136

permit the taking of particular species of game or varieties of

137

fish.

138

(28) "Private hunting preserve" includes any area set aside

139

by a private individual or concern on which artificially

140

propagated game or birds are taken.

141

(29)(20) "Reef bunch oysters" are oysters found growing on

142

the bars or reefs in the open bay and exposed to the air between

143

high and low tide.

144

(30)(21) "Resident" or "resident of Florida" means:

145

includes

146

(a) Citizens of the United States who have continuously

147

resided in this state, next preceding the making of their

148

application for hunting, fishing, or other license, for the

149

following period of time, to wit: For 1 year in the state and 6

150

months in the county when applied to all fish and game laws not

151

related to freshwater fish and game; or

152

(b) Any member of the United States Armed Forces who is

153

stationed in this state.

154

(31)(22) "Resident alien" shall mean those persons who have

155

continuously resided in this state for at least 1 year and 6

156

months in the county and can provide documentation from the

157

Bureau of Citizenship and Immigration Services evidencing

158

permanent residency status in the United States. For the purposes

159

of this chapter, a "resident alien" shall be considered a

160

"resident."

161

(32)(23) "Restricted species" means any species of

162

saltwater products which the state by law, or the Fish and

163

Wildlife Conservation Commission by rule, has found it necessary

164

to so designate. The term includes a species of saltwater

165

products designated by the commission as restricted within a

166

geographical area or during a particular time period of each

167

year. Designation as a restricted species does not confer the

168

authority to sell a species pursuant to s. 379.361 370.06 if the

169

law or rule prohibits the sale of the species.

170

(33)(24) "Salt water," except where otherwise provided by

171

law, shall be all of the territorial waters of Florida excluding

172

all lakes, rivers, canals, and other waterways of Florida from

173

such point or points where the fresh and salt waters commingle to

174

such an extent as to become unpalatable because of the saline

175

content, or from such point or points as may be fixed for

176

conservation purposes by the Department of Environmental

177

Protection and the Fish and Wildlife Conservation Commission,

178

with the consent and advice of the board of county commissioners

179

of the county or counties to be affected.

180

(34)(25) "Saltwater fish" means:

181

(a) Any saltwater species of finfish of the classes

182

Agnatha, Chondrichthyes, or Osteichthyes and marine invertebrates

183

of the classes Gastropoda, Bivalvia, or Crustacea, or of the

184

phylum Echinodermata, but does not include nonliving shells or

185

echinoderms; and

186

(b) Shall include All classes of pisces, shellfish,

187

sponges, and crustacea indigenous to salt water.

188

(35)(26) "Saltwater license privileges," except where

189

otherwise provided by law, means any license, endorsement,

190

certificate, or permit issued pursuant to this chapter.

191

(36)(27) "Saltwater products" means any species of

192

saltwater fish, marine plant, or echinoderm, except shells, and

193

salted, cured, canned, or smoked seafood.

194

(37)(28) "Shellfish" shall include oysters, clams, and

195

whelks.

196

(38) "Take" means taking, attempting to take, pursuing,

197

hunting, molesting, capturing, or killing any wildlife or

198

freshwater or saltwater fish, or their nests or eggs, by any

199

means, whether or not such actions result in obtaining possession

200

of such wildlife or freshwater or saltwater fish or their nests

201

or eggs.

202

(39)(29) "Transport" shall include shipping, transporting,

203

carrying, importing, exporting, receiving or delivering for

204

shipment, transportation or carriage or export.

205

Section 4. Section 372.01, Florida Statutes, is renumbered

206

as section 379.102, Florida Statutes, to read:

207

379.102 372.01 Fish and Wildlife Conservation Commission.--

208

(1) The Fish and Wildlife Conservation Commission shall

209

consist of seven members who shall be appointed by the Governor,

210

subject to confirmation by the Senate, for staggered terms of 5

211

years.

212

(2) Members so appointed shall annually select one of their

213

members as chair. Such chair may be removed at any time for

214

sufficient cause, by the affirmative vote of the majority of the

215

members of the commission. In case the said office of chair

216

becomes vacant by removal or otherwise, the same may be filled

217

for the unexpired term at any time by the commission from its

218

members.

219

(3) Commission members shall receive no compensation for

220

their services as such, but shall be reimbursed for travel

221

expenses as provided in s. 112.061.

222

Section 5. Section 372.021, Florida Statutes, is renumbered

223

as section 379.1025, Florida Statutes, to read:

224

379.1025 372.021 Powers, duties, and authority of

225

commission; rules, regulations, and orders.--The Fish and

226

Wildlife Conservation Commission may exercise the powers, duties,

227

and authority granted by s. 9, Art. IV of the Constitution of

228

Florida, and as otherwise authorized by the Legislature by the

229

adoption of rules, regulations, and orders in accordance with

230

chapter 120.

231

Section 6. Section 372.03, Florida Statutes, is renumbered

232

as section 379.104, Florida Statutes, to read:

233

379.10255 372.03 Headquarters of commission.--The Fish and

234

Wildlife Conservation Commission is located at the state capital,

235

and, when suitable adequate office space cannot be provided in

236

the State Capitol Building, or other buildings owned by the

237

state, the commission may rent or lease suitable office space in

238

Tallahassee. Said commission may also rent or lease suitable and

239

adequate space in other cities and towns of the state for branch

240

or division offices and headquarters and storerooms for equipment

241

and supplies, as the business of the commission may require or

242

necessitate, payment for said rented or leased premises to be

243

made from the State Game Trust Fund.

244

Section 7. Section 372.05, Florida Statutes, is renumbered

245

as section 379.103, Florida Statutes, to read:

246

379.103 372.05 Duties of executive director.--The executive

247

director of the Fish and Wildlife Conservation Commission shall:

248

(1) Keep full and correct minutes of the proceedings of

249

said commission at its meetings, which minutes shall be open for

250

public inspection.

251

(2) Purchase such supplies and employ such help and

252

assistants as may be reasonably necessary in the performance of

253

the executive director's duties.

254

(3) Have full authority to represent the commission in its

255

dealings with other state departments, county commissioners, and

256

the federal government.

257

(4) Appoint, fix salaries of, and at pleasure remove,

258

subject to the approval of the commission, assistants and other

259

employees who shall have such powers and duties as may be

260

assigned to them by the commission or executive director.

261

(5) Have such other powers and duties as may be prescribed

262

by the commission in pursuance of its duties under s. 9, Art. IV

263

of the State Constitution.

264

Section 8. Section 372.002, Florida Statutes, is renumbered

265

as section 379.104, Florida Statutes, to read:

266

379.104 372.002 Right to hunt and fish.--The Legislature

267

recognizes that hunting, fishing, and the taking of game are a

268

valued part of the cultural heritage of Florida and should be

269

forever preserved for Floridians. The Legislature further

270

recognizes that these activities play an important part in the

271

state's economy and in the conservation, preservation, and

272

management of the state's natural areas and resources. Therefore,

273

the Legislature intends that the citizens of Florida have a right

274

to hunt, fish, and take game, subject to the regulations and

275

restrictions prescribed by general law and by s. 9, Art. IV of

276

the State Constitution.

277

Section 9. Section 372.705, Florida Statutes, is renumbered

278

as section 379.105, Florida Statutes, and amended to read:

279

379.105 372.705 Harassment of hunters, trappers, or

280

fishers.--

281

(1) A person may not intentionally, within a publicly or

282

privately owned wildlife management or fish management area or on

283

any state-owned water body:

284

(a) Interfere with or attempt to prevent the lawful taking

285

of fish, game, or nongame animals by another.

286

(b) Attempt to disturb fish, game, or nongame animals or

287

attempt to affect their behavior with the intent to prevent their

288

lawful taking by another.

289

(2) Any person who violates this section commits a Level

290

Two violation under s. 379.401 372.83.

291

Section 10. Section 370.023, Florida Statutes, is

292

renumbered as section 379.106, Florida Statutes, to read:

293

379.106 370.023 Administration of commission grant

294

programs.--

295

(1) The Fish and Wildlife Conservation Commission is

296

authorized to establish grant programs that are consistent with

297

statutory authority and legislative appropriations. The

298

commission is further authorized to receive funds from any legal

299

source for purposes of matching state dollars or for passing

300

through the agency as grants to other entities whether or not

301

matching funds or in-kind matches are required.

302

(2) For any grant program established by the commission,

303

the commission shall adopt rules, pursuant to the requirements of

304

chapter 120, for each grant program which shall include, but are

305

not limited to: the method or methods of payment; the supporting

306

documents required before payment will be made; when matching

307

funds or in-kind matches are allowed; what moneys, services, or

308

other sources and amounts of matching funds or in-kind matches

309

will be eligible for use for matching the grant by the

310

commission; who is eligible to participate in the program; and

311

other provisions that the commission finds necessary to achieve

312

program objectives and an accounting for state funds in

313

accordance with law and generally accepted accounting principles.

314

(3) The commission is authorized to preaudit or postaudit

315

account books and other documentation of a grant recipient to

316

assure that grant funds have been used in accordance with the

317

terms of the grant and state rules and statutes. When such audit

318

reveals that moneys have not been spent in accordance with grant

319

requirements, the commission may withhold moneys or recover

320

moneys previously paid. A grant recipient will be allowed a

321

maximum of 60 days to submit any additional pertinent

322

documentation to offset the amount identified as being due the

323

commission.

324

Section 11. Section 372.101, Florida Statutes, is

325

renumbered as section 379.201, Florida Statutes, to read:

326

379.201 372.101 Administrative Trust Fund.--

327

(1) The Administrative Trust Fund is created within the

328

Fish and Wildlife Conservation Commission.

329

(2) The fund is established for use as a depository for

330

funds to be used for management activities that are

331

commissionwide in nature and funded by indirect cost earnings or

332

assessments against trust funds. Moneys to be credited to the

333

trust fund include indirect cost reimbursements from grantors,

334

administrative assessments against trust funds, interest

335

earnings, and other appropriate administrative fees.

336

(3) In accordance with s. 19(f)(2), Art. III of the State

337

Constitution, the Administrative Trust Fund shall, unless

338

terminated sooner, be terminated on July 1, 2009. Before its

339

scheduled termination, the trust fund shall be reviewed as

340

provided in s. 215.3206(1) and (2).

341

Section 12. Section 372.127, Florida Statutes, is

342

renumbered as section 379.202, Florida Statutes, to read:

343

379.202 372.127 Conservation and Recreation Lands Program

344

Trust Fund of the Fish and Wildlife Conservation Commission.--

345

(1) There is created a Conservation and Recreation Lands

346

Program Trust Fund within the Fish and Wildlife Conservation

347

Commission. The purpose of the trust fund is to provide for the

348

management of conservation and recreation lands by the

349

commission. Funds may be appropriated to the trust fund from the

350

Conservation and Recreation Lands Trust Fund in the Department of

351

Environmental Protection, as created by s. 259.032(2), or from

352

such other sources as the Legislature may determine.

353

(2) Notwithstanding the provisions of s. 216.301 and

354

pursuant to s. 216.351, any balance in the trust fund at the end

355

of any fiscal year shall remain in the trust fund at the end of

356

the year and shall be available for carrying out the purposes of

357

the trust fund.

358

Section 13. Section 372.106, Florida Statutes, is

359

renumbered as section 379.203, Florida Statutes, and amended to

360

read:

361

379.203 372.106 Dedicated License Trust Fund.--

362

(1) There is established within the Fish and Wildlife

363

Conservation Commission the Dedicated License Trust Fund. The

364

fund shall be credited with moneys collected pursuant to s.

365

379.354 372.57 for 5-year licenses and permits and replacement 5-

366

year licenses.

367

(2)(a) One-fifth of the total proceeds from the sale of 5-

368

year hunting and freshwater fishing licenses, permits, and

369

replacement licenses, and all interest derived therefrom, shall

370

be appropriated annually to the State Game Trust Fund.

371

(b) One-fifth of the total proceeds from the sale of 5-year

372

saltwater fishing licenses, permits, and replacement licenses,

373

and all interest derived therefrom, shall be appropriated

374

annually to the Marine Resources Conservation Trust Fund.

375

(3) The fund shall be exempt from the provisions of s.

376

215.20.

377

Section 14. Section 372.102, Florida Statutes, is

378

renumbered as section 379.204, Florida Statutes, to read:

379

379.204 372.102 Federal Grants Trust Fund.--

380

(1) The Federal Grants Trust Fund is created within the

381

Fish and Wildlife Conservation Commission.

382

(2) The fund is established for use as a depository for

383

funds to be used for allowable grant activities funded by

384

restricted program revenues. Moneys to be credited to the trust

385

fund shall consist of grants and funding from the Federal

386

Government, interest earnings, and cash advances from other trust

387

funds.

388

(3) In accordance with s. 19(f)(2), Art. III of the State

389

Constitution, the Federal Grants Trust Fund shall, unless

390

terminated sooner, be terminated on July 1, 2009. Before its

391

scheduled termination, the trust fund shall be reviewed as

392

provided in s. 215.3206(1) and (2).

393

Section 15. Section 372.672, Florida Statutes, is

394

renumbered as section 379.205, Florida Statutes, to read:

395

379.205 372.672 Florida Panther Research and Management

396

Trust Fund.--

397

(1) There is established within the Fish and Wildlife

398

Conservation Commission the Florida Panther Research and

399

Management Trust Fund to be used exclusively for the purposes of

400

this section.

401

(2) Money from the fund shall be spent only for the

402

following purposes:

403

(a) To manage and protect existing Florida panther

404

populations by increasing panther food sources where food is a

405

limiting factor, determining conflicts between public use and

406

panther survival, maintaining sufficient genetic variability in

407

existing populations, and undertaking management and enforcement

408

activities that protect panther habitat.

409

(b) To educate the public concerning the value of the

410

panther and the necessity for panther management.

411

412

habitat, where feasible, by assessing the necessity of a captive

413

breeding program for purposes of reintroduction of the panthers

414

into the suitable habitat; selecting potential sites for

415

reintroduction and investigating associated human sociological

416

aspects; and assessing the potential for panther habitat

417

acquisition.

418

(d) To promote and market the Florida panther license plate

419

authorized under s. 320.08058.

420

(3) The Fish and Wildlife Conservation Commission is

421

authorized to receive donations for deposit into the Florida

422

Panther Research and Management Trust Fund.

423

Section 16. Section 372.103, Florida Statutes, is

424

renumbered as section 379.206, Florida Statutes, to read:

425

379.206 372.103 Grants and Donations Trust Fund.--

426

(1) The Grants and Donations Trust Fund is created within

427

the Fish and Wildlife Conservation Commission.

428

(2) The fund is established for use as a depository for

429

funds to be used for allowable grant and donor agreement

430

activities funded by restricted contractual revenue. Moneys to be

431

credited to the trust fund shall consist of grants and donations

432

from private and public nonfederal sources, interest earnings,

433

and cash advances from other trust funds.

434

(3) In accordance with s. 19(f)(2), Art. III of the State

435

Constitution, the Grants and Donations Trust Fund shall, unless

436

terminated sooner, be terminated on July 1, 2009. Before its

437

scheduled termination, the trust fund shall be reviewed as

438

provided in s. 215.3206(1) and (2).

439

Section 17. Section 372.105, Florida Statutes, is

440

renumbered as section 379.207, Florida Statutes, and amended to

441

read:

442

379.207 372.105 Lifetime Fish and Wildlife Trust Fund.--

443

(1) There is established within the Fish and Wildlife

444

Conservation Commission the Lifetime Fish and Wildlife Trust Fund

445

to be used for the purpose of supporting fish and wildlife

446

conservation programs of the state in accordance with this

447

section.

448

(2) The principal of the fund shall be derived from the

449

following:

450

(a) Proceeds of any gifts, grants, and contributions to the

451

state which are specifically designated for inclusion in the

452

fund.

453

(b) Proceeds from the sale of lifetime licenses issued in

454

accordance with s. 379.354 372.57.

455

(3) The fund is declared to constitute a special trust

456

derived from a contractual relationship between the state and the

457

members of the public whose investments contribute to the fund.

458

In recognition of such special trust, the following limitations

459

and restrictions are placed on expenditures from the funds:

460

(a) No expenditure or disbursement shall be made from the

461

principal of the fund.

462

(b) The interest income received and accruing from the

463

investments of proceeds from the sale of lifetime freshwater

464

fishing licenses and lifetime hunting licenses shall be spent in

465

furtherance of the commission's management, protection, and

466

conservation of wild animal life and freshwater aquatic life as

467

set forth in s. 9, Art. IV of the State Constitution and this

468

chapter and as otherwise authorized by the Legislature.

469

470

investments of proceeds from the sale of lifetime saltwater

471

fishing licenses shall be expended for marine law enforcement,

472

marine research, and marine fishery enhancement.

473

(d) No expenditures or disbursements from the interest

474

income derived from the sale of lifetime licenses shall be made

475

for any purpose until the respective holders of such licenses

476

attain the age of 16 years. The Fish and Wildlife Conservation

477

Commission as administrator of the fund shall determine

478

actuarially on an annual basis the amounts of interest income

479

within the fund which may be disbursed pursuant to this

480

paragraph. The director shall cause deposits of proceeds from the

481

sale of lifetime licenses to be identifiable by the ages of the

482

license recipients.

483

(e) Any limitations or restrictions specified by the donors

484

on the uses of the interest income derived from gifts, grants,

485

and voluntary contributions shall be respected but shall not be

486

binding.

487

(f) The fund shall be exempt from the provisions of s.

488

215.20.

489

(4) In the event of a future dissolution or reorganization

490

of the Fish and Wildlife Conservation Commission, any state

491

agency which succeeds the commission or assumes its

492

constitutional or statutory responsibilities shall, through its

493

agency head acting ex officio, assume the trusteeship of the fund

494

and shall be bound by all the limitations and restrictions placed

495

by this section on expenditures from the fund. No repeal or

496

modification of this chapter or s. 9, Art. IV of the State

497

Constitution shall alter the fundamental purposes to which the

498

fund may be applied. No dissolution or reorganization of the Fish

499

and Wildlife Conservation Commission shall invalidate any

500

lifetime license issued in accordance with this section.

501

Section 18. Section 370.0603, Florida Statutes, is

502

renumbered as section 379.208, Florida Statutes, and amended to

503

read:

504

379.208 370.0603 Marine Resources Conservation Trust Fund;

505

purposes.--

506

(1) The Marine Resources Conservation Trust Fund within the

507

Fish and Wildlife Conservation Commission shall serve as a broad-

508

based depository for funds from various marine-related and

509

boating-related activities and shall be administered by the

510

commission for the purposes of:

511

(a) Funding for marine research.

512

(b) Funding for fishery enhancement, including, but not

513

limited to, fishery statistics development, artificial reefs, and

514

fish hatcheries.

515

516

(d) Funding for administration of licensing programs for

517

recreational fishing, saltwater products sales, and related

518

information and education activities.

519

(e) Funding for the operations of the Fish and Wildlife

520

Conservation Commission.

521

(f) Funding for titling and registration of vessels.

522

(g) Funding for marine turtle protection, research, and

523

recovery activities from revenues that are specifically credited

524

to the trust fund for these purposes.

525

(h) Funding activities for rehabilitation of oyster

526

harvesting areas from which special oyster surcharge fees are

527

collected, including relaying and transplanting live oysters.

528

(i) Funding for boating research, boating-related programs

529

and activities, and for law enforcement on state waters.

530

(j) Funding for the stone crab trap reduction program under

531

s. 379.365 370.13, the blue crab effort management program under

532

s. 379.366 370.135, the spiny lobster trap certificate program

533

under s. 379.3671 370.142, and the trap retrieval program under

534

s. 379.2424 370.143.

535

(2) The Marine Resources Conservation Trust Fund shall

536

receive the proceeds from:

537

(a) All license fees collected pursuant to ss. 379.361 and

538

379.362 370.06 and 370.07.

539

(b) All funds collected from the registration of vessels

540

and other fees pursuant to s. 328.72.

541

542

379.357, 379.365, 379.3671, and 379.366 370.063, 370.13, 370.135,

543

370.142, 370.143, and 372.5704.

544

(d) All fines and penalties under ss. 379.365, 379.366

545

379.3671, and 379.407 370.021, 370.13, 370.135, and 370.142.

546

(e) Other revenues as provided by law.

547

(3) Funds provided to the Marine Resources Conservation

548

Trust Fund from taxes distributed under s. 201.15(11) shall be

549

used for the following purposes:

550

(a) To reimburse the cost of activities authorized pursuant

551

to the Fish and Wildlife Service of the United States Department

552

of the Interior. Such facilities must be involved in the actual

553

rescue and full-time acute care veterinarian-based rehabilitation

554

of manatees. The cost of activities includes, but is not limited

555

to, costs associated with expansion, capital outlay, repair,

556

maintenance, and operation related to the rescue, treatment,

557

stabilization, maintenance, release, and monitoring of manatees.

558

Moneys distributed through the contractual agreement to each

559

facility for manatee rehabilitation must be proportionate to the

560

number of manatees under acute care rehabilitation; the number of

561

maintenance days medically necessary in the facility; and the

562

number released during the previous fiscal year. The commission

563

may set a cap on the total amount reimbursed per manatee per

564

year.

565

(b) For training on the care, treatment, and rehabilitation

566

of marine mammals at the Whitney Laboratory and the College of

567

Veterinary Medicine at the University of Florida.

568

569

(d) Funds not distributed in any 1 fiscal year must be

570

carried over for distribution in subsequent years.

571

(4) Funds transferred to the Marine Resources Conservation

572

Trust Fund from the Fuel Tax Collection Trust Fund pursuant to s.

573

206.606 shall be used for the following purposes:

574

(a) To provide additional water-related law enforcement

575

positions within the Fish and Wildlife Conservation Commission

576

primarily for the purpose of enforcing laws designed to protect

577

manatee populations. Law enforcement positions funded under this

578

provision shall be assigned to counties having the highest

579

incidence of manatee deaths and injuries.

580

(b) For the placement of uniform waterway markers on state

581

waters.

582

583

publicly owned boat ramps, piers, and docks, directly and through

584

grants to counties and municipalities.

585

(d) To implement and administer programs related to boating

586

safety and education, manatee technical avoidance technology, and

587

economic development initiatives to promote boating in the state,

588

including competitive grants programs as provided in s. 327.47.

589

(e) For other activities of the Boating and Waterways

590

Section such as coordinating the submission of state comments on

591

boating-related events.

592

593

Funds not used in one fiscal year must be carried over for use in

594

subsequent years.

595

Section 19. Section 372.991, Florida Statutes, is

596

renumbered as section 379.209, Florida Statutes, to read:

597

379.209 372.991 Nongame Wildlife Trust Fund.--

598

(1) The Legislature recognizes the value of maintaining

599

ecologically healthy and stable populations of a wide diversity

600

of fish and wildlife species and recognizes the need for

601

monitoring, research, management, and public awareness of all

602

wildlife species in order to guarantee that self-sustaining

603

populations be conserved. The Legislature further recognizes that

604

research and management for game species traditionally have been

605

supported by licenses and fees collected by the Fish and Wildlife

606

Conservation Commission for consumptive uses of wildlife and that

607

no such support mechanism is available for species not commonly

608

pursued for sport or profit. It is the intent of the Legislature

609

that the funds provided herein be spent to identify and meet the

610

needs of nongame wildlife as a first priority with the ultimate

611

goal of establishing an integrated approach to the management and

612

conservation of all native fish, wildlife, and plants.

613

(2)(a) There is established within the Fish and Wildlife

614

Conservation Commission the Nongame Wildlife Trust Fund. The fund

615

shall be credited with moneys collected pursuant to ss. 319.32(3)

616

and 320.02(8). Additional funds may be provided from legislative

617

appropriations and by donations from interested individuals and

618

organizations. The commission shall designate an identifiable

619

unit to administer the trust fund.

620

(b) Proceeds from the trust fund shall be used for the

621

following purposes:

622

1. Documentation of population trends of nongame wildlife

623

and assessment of wildlife habitat, in coordination with the

624

database of Florida natural areas inventory.

625

2. Establishment of effective conservation, management, and

626

regulatory programs for nongame wildlife of the state.

627

3. Public education programs.

628

(3) The commission may enter into cooperative agreements or

629

memoranda of understanding with related agencies to coordinate

630

nongame programs.

631

Section 20. Section 372.09, Florida Statutes, is renumbered

632

as section 379.211, Florida Statutes, to read:

633

379.211 372.09 State Game Trust Fund.--The funds resulting

634

from the operation of the commission and from the administration

635

of the laws and regulations pertaining to birds, game, fur-

636

bearing animals, freshwater fish, reptiles, and amphibians,

637

together with any other funds specifically provided for such

638

purposes shall constitute the State Game Trust Fund and shall be

639

used by the commission as it shall deem fit in carrying out the

640

provisions hereof and for no other purposes, except that annual

641

use fees deposited into the trust fund from the sale of the

642

Largemouth Bass license plate may be expended for the purposes

643

provided under s. 320.08058(18). The commission may not obligate

644

itself beyond the current resources of the State Game Trust Fund

645

unless specifically so authorized by the Legislature.

646

Section 21. Section 372.074, Florida Statutes, is

647

renumbered as section 379.212, Florida Statutes, to read:

648

379.212 372.074 Fish and Wildlife Habitat Program.--

649

(1)(a) There is established within the Fish and Wildlife

650

Conservation Commission the Fish and Wildlife Habitat Program for

651

the purpose of acquiring, assisting other agencies or local

652

governments in acquiring, or managing lands important to the

653

conservation of fish and wildlife.

654

(b) The Fish and Wildlife Conservation Commission or its

655

designee shall manage such lands for the primary purpose of

656

maintaining and enhancing their habitat value for fish and

657

wildlife. Other uses may be allowed that are not contrary to this

658

purpose.

659

660

in state ownership of land, title shall be vested in the Board of

661

Trustees of the Internal Improvement Trust Fund as required in

662

chapter 253. Land acquisition pursuant to this section shall be

663

voluntary, negotiated acquisition and, where title is to be

664

vested in the Board of Trustees of the Internal Improvement Trust

665

Fund, is subject to the acquisition procedures of s. 253.025.

666

(d) Acquisition costs shall include purchase prices and

667

costs and fees associated with title work, surveys, and

668

appraisals required to complete an acquisition.

669

(2) Moneys which may be deposited into the Land Acquisition

670

Trust Fund for the purposes of this section may include, but not

671

be limited to, donations, grants, development-of-regional-impact

672

wildlife mitigation contributions, or legislative appropriations.

673

Preservation 2000 acquisition moneys and Conservation and

674

Recreation Lands management moneys shall not be deposited into

675

this fund.

676

Section 22. Section 372.5701, Florida Statutes, is

677

renumbered as section 379.2201, Florida Statutes, and amended to

678

read:

679

379.2201 372.5701 Deposit of license fees; allocation of

680

federal funds.--

681

(1) Except as provided in ss. 379.203 and 379.207 372.105

682

and 372.106, all saltwater license and permit fees collected

683

pursuant to s. 379.354 372.57 shall be deposited into the Marine

684

Resources Conservation Trust Fund, to be used as follows:

685

(a) Not more than 7.5 percent of the total fees collected

686

shall be used for administration of the licensing program and for

687

information and education.

688

(b) Not less than 30 percent of the total fees collected

689

shall be used for law enforcement.

690

691

shall be used for marine research and management.

692

(d) Not less than 30 percent of the total fees collected,

693

for fishery enhancement, including, but not limited to, fishery

694

statistics development, artificial reefs, and fish hatcheries.

695

(2) The proceeds from recreational saltwater fishing

696

license fees paid by fishers shall only be appropriated to the

697

commission.

698

(3) Funds available from the Wallop-Breaux Aquatic

699

Resources Trust Fund shall be distributed by the commission

700

between freshwater fisheries management and research and marine

701

fisheries management and research in proportion to the numbers of

702

resident fresh and saltwater anglers as determined by the most

703

current data on license sales. Unless otherwise provided by

704

federal law, the commission, at a minimum, shall provide the

705

following:

706

(a) Not less than 5 percent or more than 10 percent of the

707

funds allocated to the commission shall be expended for an

708

aquatic resources education program; and

709

(b) Not less than 10 percent of the funds allocated to the

710

commission shall be expended for acquisition, development,

711

renovation, or improvement of boating facilities.

712

Section 23. Section 372.5702, Florida Statutes, is

713

renumbered as section 379.2202, Florida Statutes, and amended to

714

read:

715

379.2202 372.5702 Expenditure of funds.--Any moneys

716

available pursuant to s. 379.2201(1)(c) 372.5701(1)(c) may be

717

expended by the commission within Florida through grants and

718

contracts for research with research institutions including but

719

not limited to: Florida Sea Grant; Florida Marine Resources

720

Council; Harbour Branch Oceanographic Institute; Technological

721

Research and Development Authority; Fish and Wildlife Research

722

Institute of the Fish and Wildlife Conservation Commission; Mote

723

Marine Laboratory; Marine Resources Development Foundation;

724

Florida Institute of Oceanography; Rosentiel School of Marine and

725

Atmospheric Science; and Smithsonian Marine Station at Ft.

726

Pierce.

727

Section 24. Section 372.72, Florida Statutes, is renumbered

728

as section 379.2203, Florida Statutes, and amended to read:

729

379.2203 372.72 Disposition of fines, penalties, and

730

forfeitures.--

731

(1) All moneys collected from fines, penalties, proceeds

732

from unclaimed bonds, or forfeitures of bail of persons convicted

733

under this chapter shall be deposited in the fine and forfeiture

734

fund established pursuant to s. 142.01 where such convictions are

735

had, except for the disposition of moneys as provided in

736

subsection (2).

737

(2) All moneys collected from fines, penalties, or

738

forfeitures of bail of persons convicted of violations of rules,

739

regulations, or orders of the Fish and Wildlife Conservation

740

Commission concerning endangered or threatened species or of

741

violation of s. 379.3014, s. 379.409, or s. 379.4115 s. 372.662,

742

s. 372.663, s. 372.667, or s. 372.671 shall be remitted by the

743

clerk of the court to the Department of Revenue to be deposited

744

in the Nongame Wildlife Trust Fund.

745

Section 25. Section 372.5712, Florida Statutes, is

746

renumbered as section 379.2211, Florida Statutes, and amended to

747

read:

748

379.2211 372.5712 Florida waterfowl permit revenues.--

749

(1) The commission shall expend the revenues generated from

750

the sale of the Florida waterfowl permit as provided in s.

751

379.354(8)(a) 372.57(8)(a) or that pro rata portion of any

752

license that includes waterfowl hunting privileges, as provided

753

in s. 379.354(4)(h), (i), and (j) and (9)(a)3. 372.57(4)(h), (i),

754

and (j) and (9)(a)3. as follows: A maximum of 5 percent of the

755

gross revenues shall be expended for administrative costs; a

756

maximum of 25 percent of the gross revenues shall be expended for

757

waterfowl research approved by the commission; and a maximum of

758

70 percent of the gross revenues shall be expended for projects

759

approved by the commission, in consultation with the Waterfowl

760

Advisory Council, for the purpose of protecting and propagating

761

migratory waterfowl and for the development, restoration,

762

maintenance, and preservation of wetlands within the state.

763

(2) The intent of this section is to expand waterfowl

764

research and management and increase waterfowl populations in the

765

state without detracting from other programs. The commission

766

shall prepare an annual report documenting the use of funds

767

generated under the provisions of this section, to be submitted

768

to the Governor, the Speaker of the House of Representatives, and

769

the President of the Senate on or before September 1 of each

770

year.

771

Section 26. Section 372.5715, Florida Statutes, is

772

renumbered as section 379.2212, Florida Statutes, and amended to

773

read:

774

379.2212 372.5715 Florida wild turkey permit revenues.--

775

(1) The commission shall expend the revenues generated from

776

the sale of the turkey permit as provided for in s. 379.354(8)(b)

777

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

778

includes turkey hunting privileges as provided for in s.

779

379.354(4)(h), (i), and (j) 372.57(4)(h), (i), and (j) for

780

research and management of wild turkeys.

781

(2) The intent of this section is to expand wild turkey

782

research and management and to increase wild turkey populations

783

in the state without detracting from other programs. The

784

commission shall prepare an annual report documenting the use of

785

funds generated under the provisions of this section, to be

786

submitted to the Governor, the Speaker of the House of

787

Representatives, and the President of the Senate on or before

788

September 1 of each year.

789

Section 27. Section 372.573, Florida Statutes, is

790

renumbered as section 379.2213, Florida Statutes, and amended to

791

read:

792

379.2213 372.573 Management area permit revenues.--The

793

commission shall expend the revenue generated from the sale of

794

the management area permit as provided for in s. 379.354(8)(g)

795

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

796

includes management area privileges as provided for in s.

797

379.354(4)(h), (i), and (j) 372.57(4)(h), (i), and (j) for the

798

lease, management, and protection of lands for public hunting,

799

fishing, and other outdoor recreation.

800

Section 28. Section 372.12, Florida Statutes, is renumbered

801

as section 379.2222, Florida Statutes, to read:

802

379.2222 372.12 Acquisition of state game lands.--The Fish

803

and Wildlife Conservation Commission, with the approval of the

804

Governor, may acquire, in the name of the state, lands and waters

805

suitable for the protection and propagation of game, fish,

806

nongame birds, or fur-bearing animals, or for hunting purposes,

807

game farms, by purchase, lease, gift or otherwise to be known as

808

state game lands. The said commission may erect such buildings

809

and fences as may be deemed necessary to properly maintain and

810

protect such lands, or for propagation of game, nongame birds,

811

freshwater fish, or fur-bearing animals. The title of land

812

acquired by purchase, lease, gift or otherwise, shall be approved

813

by the Department of Legal Affairs. The deed to such lands shall

814

be deposited as are deeds to other state lands. No property

815

acquired under this section shall be exempt from state, county,

816

or district taxation.

817

Section 29. Section 372.121, Florida Statutes, is

818

renumbered as section 379.2223, Florida Statutes, to read:

819

379.2223 372.121 Control and management of state game

820

lands.--

821

(1) The Fish and Wildlife Conservation Commission is

822

authorized to make, adopt, promulgate, amend, repeal, and enforce

823

all reasonable rules and regulations necessary for the

824

protection, control, operation, management, or development of

825

lands or waters owned by, leased by, or otherwise assigned to,

826

the commission for fish or wildlife management purposes,

827

including but not being limited to the right of ingress and

828

egress. Before any such rule or regulation is adopted, other than

829

one relating to wild animal life, marine life, or freshwater

830

aquatic life, the commission shall obtain the consent and

831

agreement, in writing, of the owner, in the case of privately

832

owned lands or waters, or the owner or primary custodian, in the

833

case of public lands or waters.

834

(2) Any person violating or otherwise failing to comply

835

with any rule or regulation so adopted commits a misdemeanor of

836

the second degree, punishable as provided in s. 775.082 or s.

837

775.083.

838

Section 30. Section 372.19, Florida Statutes, is renumbered

839

as section 379.2224, Florida Statutes, to read:

840

379.2224 372.19 Preserves, refuges, etc., not tax-

841

exempt.--No property acquired by purchase, lease, gift, contract

842

to purchase or lease, or otherwise, under the provisions of this

843

chapter, as state game lands, or any private lands used as game

844

refuges, shooting grounds, privileges, hatcheries or breeding

845

grounds for fish, game, birds or fur-bearing animals, except

846

state-owned lands being used for the protection of game, fish or

847

fur-bearing animals under the provisions of this chapter, shall

848

be exempt from state, county or district taxation. Any contract,

849

lease, gift or purchase of land for such purposes which attempts

850

to exempt or partially exempt such property from taxation shall

851

be null and void and of no effect.

852

Section 31. Section 372.025, Florida Statutes, is

853

renumbered as section 379.2225, Florida Statutes, to read:

854

379.2225 372.025 Everglades recreational sites;

855

definitions.--

856

(1) PURPOSE.--It is the intent of the Legislature to

857

provide for the development and management of recreational sites

858

in the water conservation areas of the Florida Everglades when

859

such development:

860

(a) Can be accomplished without endangering the water

861

quality and quantity of supply and where environmental impact

862

will be minimal.

863

(b) Is located on the exterior fringes of the Everglades to

864

discourage extensive uncontrolled use of the interior regions.

865

866

millions of Floridians living in urban areas.

867

(d) Offers recreational potential for nature trails, bird

868

study, picnic areas, boating, fishing, hunting, and target

869

shooting.

870

(e) Is located where proper management and law enforcement

871

can be provided.

872

(2) DEFINITIONS.--As used in this section:

873

(a) "Commission" means the Fish and Wildlife Conservation

874

Commission.

875

(b) "Indian reservations" means lands as designated by

876

chapter 285.

877

878

improvements to existing facilities or sites and also such new

879

selection and improvements as are needed for the various

880

recreational activities as herein provided.

881

(3) RECREATIONAL SITES.--The Fish and Wildlife Conservation

882

Commission is directed to develop, manage, and enforce laws on

883

certain recreational sites in the water conservation areas of the

884

Everglades from funds to be appropriated by the Legislature.

885

(4) No recreational site will be developed on any Indian

886

reservations as created by chapter 285 without first obtaining

887

written approval for such development from the Indians of the

888

particular reservation lands affected.

889

Section 32. Section 372.0215, Florida Statutes, is

890

renumbered as section 379.223, Florida Statutes, to read:

891

379.223 372.0215 Citizen support organizations; use of

892

state property; audit.--

893

(1) The Fish and Wildlife Conservation Commission may

894

authorize the establishment of citizen support organizations to

895

provide assistance, funding, and promotional support for the

896

programs of the commission. For purposes of this section, the

897

term "citizen support organization" means an organization which:

898

(a) Is a corporation not for profit incorporated pursuant

899

to the provisions of chapter 617 and approved by the Department

900

of State.

901

(b) Is organized and operated to conduct programs and

902

activities; raise funds; request and receive grants, gifts, and

903

bequests of money; acquire, receive, hold, invest, and administer

904

in its own name securities, funds, or real or personal property;

905

and make expenditures for the benefit of the commission or an

906

individual program unit of the commission; except that such

907

organization may not receive funds from the commission or the

908

Fish and Wildlife Research Institute by grant, gift, or contract

909

unless specifically authorized by the Legislature.

910

911

consistent with the goals of the commission and the best

912

interests of the state.

913

(d) Is approved in writing by the commission to operate for

914

the benefit of the commission. Such approval must be stated in a

915

letter of agreement from the executive director of the

916

commission.

917

(2)(a) The Fish and Wildlife Conservation Commission may

918

permit a citizen support organization to use commission property,

919

facilities, and personnel free of charge. A citizen support

920

organization may use commission property, facilities, and

921

personnel if such use is consistent with the approved purpose of

922

that citizen support organization and if such use does not

923

unreasonably interfere with the general public's use of

924

commission property, facilities, and personnel for established

925

purposes.

926

(b) The commission may prescribe conditions upon the use by

927

a citizen support organization of commission property,

928

facilities, or personnel.

929

930

facilities, or personnel of the state by a citizen support

931

organization that does not provide equal membership and

932

employment opportunities to all persons regardless of race,

933

color, national origin, religion, sex, or age.

934

(3) Each citizen support organization shall provide for an

935

annual financial audit in accordance with s. 215.981. The

936

identity of a donor or prospective donor to a citizen support

937

organization who desires to remain anonymous and all information

938

identifying such donor or prospective donor are confidential and

939

exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I

940

of the State Constitution. Such anonymity shall be maintained in

941

the auditor's report.

942

Section 33. Section 370.06091, Florida Statutes, is

943

renumbered as section 379.224, Florida Statutes, to read:

944

379.224 370.06091 Memorandum of agreement relating to Fish

945

and Wildlife Research Institute.--A memorandum of agreement will

946

be developed between the Department of Environmental Protection

947

and the Fish and Wildlife Conservation Commission which will

948

detail the responsibilities of the Fish and Wildlife Research

949

Institute to the department, to include, at a minimum, the

950

following services:

951

(1) Environmental monitoring and assessment.

952

(2) Restoration research and development of restoration

953

technology.

954

(3) Technical support and response for oil spills, ship

955

groundings, major marine species die-offs, hazardous spills, and

956

natural disasters.

957

Section 34. Section 370.103, Florida Statutes, is

958

renumbered as section 379.2251, Florida Statutes, to read:

959

379.2251 370.103 Agreements with Federal Government for the

960

preservation of saltwater fisheries; authority of

961

commission.--The Fish and Wildlife Conservation Commission is

962

authorized and empowered to enter into cooperative agreements

963

with the Federal Government or agencies thereof for the purpose

964

of preserving saltwater fisheries within and without state waters

965

and for the purpose of protecting against overfishing, waste,

966

depletion, or any abuse whatsoever. Such authority includes the

967

authority to enter into cooperative agreements whereby officers

968

of the Fish and Wildlife Conservation Commission are empowered to

969

enforce federal statutes and rules pertaining to fisheries

970

management. When differences between state and federal laws

971

occur, state laws shall take precedence.

972

Section 35. Section 370.18, Florida Statutes, is renumbered

973

as section 379.2252, Florida Statutes, to read:

974

379.2252 370.18 Compacts and agreements; generally.--The

975

Fish and Wildlife Conservation Commission may enter into

976

agreements of reciprocity with the fish commissioners or other

977

departments or other proper officials of other states, whereby

978

the citizens of the state may be permitted to take or catch

979

shrimp or prawn from the waters under the jurisdiction of such

980

other states, upon similar agreements to allow such nonresidents

981

or aliens to fish for or catch seafood products within the

982

jurisdiction of the state regardless of residence.

983

Section 36. Section 370.19, Florida Statutes, is renumbered

984

as section 379.2253, Florida Statutes, to read:

985

379.2253 370.19 Atlantic States Marine Fisheries Compact;

986

implementing legislation.--

987

(1) FORM.--The Governor of this state is hereby authorized

988

and directed to execute a compact on behalf of the State of

989

Florida with any one or more of the States of Maine, New

990

Hampshire, Massachusetts, Rhode Island, Connecticut, New York,

991

New Jersey, Delaware, Maryland, Virginia, North Carolina, South

992

Carolina, and Georgia, and with such other states as may enter

993

into the compact, legally joining therein in the form

994

substantially as follows:

995

996

ATLANTIC STATES MARINE FISHERIES

997

COMPACT

998

999

The contracting states solemnly agree:

1000

1001

ARTICLE I

1002

1003

The purpose of this compact is to promote the better

1004

utilization of the fisheries, marine, shell, and anadromous, of

1005

the Atlantic seaboard by the development of a joint program for

1006

the promotion and protection of such fisheries, and by the

1007

prevention of the physical waste of the fisheries from any cause.

1008

It is not the purpose of this compact to authorize the states

1009

joining herein to limit the production of fish or fish products

1010

for the purpose of establishing or fixing the price thereof, or

1011

creating and perpetuating a monopoly.

1012

1013

ARTICLE II

1014

1015

This agreement shall become operative immediately as to

1016

those states executing it whenever any two or more of the States

1017

of Maine, New Hampshire, Massachusetts, Rhode Island,

1018

Connecticut, New York, New Jersey, Delaware, Maryland, Virginia,

1019

North Carolina, South Carolina, Georgia and Florida have executed

1020

it in the form that is in accordance with the laws of the

1021

executing state and the Congress has given its consent. Any state

1022

contiguous with any of the aforementioned states and riparian

1023

upon waters frequented by anadromous fish, flowing into waters

1024

under the jurisdiction of any of the aforementioned states, may

1025

become a party hereto as hereinafter provided.

1026

1027

ARTICLE III

1028

1029

Each state joining herein shall appoint three

1030

representatives to a commission hereby constituted and designated

1031

as the Atlantic States Marine Fisheries Commission. One shall be

1032

the executive officer of the administrative agency of such state

1033

charged with the conservation of the fisheries resources to which

1034

this compact pertains or, if there be more than one officer or

1035

agency, the official of that state named by the governor thereof.

1036

The second shall be a member of the legislature of such state

1037

designated by such legislature or, in the absence of such

1038

designation, such legislator shall be designated by the governor

1039

thereof, provided that if it is constitutionally impossible to

1040

appoint a legislator as a commissioner from such state, the

1041

second member shall be appointed in such manner as is established

1042

by law. The third shall be a citizen who shall have a knowledge

1043

of and interest in the marine fisheries problem to be appointed

1044

by the governor. This commission shall be a body corporate with

1045

the powers and duties set forth herein.

1046

1047

ARTICLE IV

1048

1049

The duty of the said commission shall be to make inquiry and

1050

ascertain from time to time such methods, practices,

1051

circumstances and conditions as may be disclosed for bringing

1052

about the conservation and the prevention of the depletion and

1053

physical waste of the fisheries, marine, shell and anadromous, of

1054

the Atlantic seaboard. The commission shall have power to

1055

recommend the coordination of the exercise of the police powers

1056

of the several states within their respective jurisdictions to

1057

promote the preservation of those fisheries and their protection

1058

against overfishing, waste, depletion or any abuse whatsoever and

1059

to assure a continuing yield from the fisheries resources of the

1060

aforementioned states.

1061

To that end the commission shall draft and, after

1062

consultation with the advisory committee hereinafter authorized,

1063

recommend to the governors and legislatures of the various

1064

signatory states legislation dealing with the conservation of the

1065

marine, shell and anadromous fisheries of the Atlantic seaboard.

1066

The commission shall, more than one month prior to any regular

1067

meeting of the legislature in any signatory state, present to the

1068

governor of the state its recommendations relating to enactments

1069

to be made by the legislature of that state in furthering the

1070

intents and purposes of this compact.

1071

The commission shall consult with and advise the pertinent

1072

administrative agencies in the states party hereto with regard to

1073

problems connected with the fisheries and recommend the adoption

1074

of such regulations as it deems advisable.

1075

The commission shall have power to recommend to the states

1076

party hereto the stocking of the waters of such states with fish

1077

and fish eggs or joint stocking by some or all of the states

1078

party hereto and when two or more of the states shall jointly

1079

stock waters the commission shall act as the coordinating agency

1080

for such stocking.

1081

1082

ARTICLE V

1083

1084

The commission shall elect from its number a chair and a

1085

vice chair and shall appoint and at its pleasure remove or

1086

discharge such officers and employees as may be required to carry

1087

the provisions of this compact into effect and shall fix and

1088

determine their duties, qualifications and compensation. Said

1089

commission shall adopt rules and regulations for the conduct of

1090

its business. It may establish and maintain one or more offices

1091

for the transaction of its business and may meet at any time or

1092

place but must meet at least once a year.

1093

1094

ARTICLE VI

1095

1096

No action shall be taken by the commission in regard to its

1097

general affairs except by the affirmative vote of a majority of

1098

the whole number of compacting states present at any meeting. No

1099

recommendation shall be made by the commission in regard to any

1100

species of fish except by the affirmative vote of a majority of

1101

the compacting states which have an interest in such species. The

1102

commission shall define what shall be an interest.

1103

1104

ARTICLE VII

1105

1106

The Fish and Wildlife Service of the Department of the

1107

Interior of the Government of the United States shall act as the

1108

primary research agency of the Atlantic States Marine Fisheries

1109

Commission cooperating with the research agencies in each state

1110

for that purpose. Representatives of the said Fish and Wildlife

1111

Service shall attend the meetings of the commission.

1112

An advisory committee to be representative of the commercial

1113

fishers and the saltwater anglers and such other interests of

1114

each state as the commission deems advisable shall be established

1115

by the commission as soon as practicable for the purpose of

1116

advising the commission upon such recommendations as it may

1117

desire to make.

1118

1119

ARTICLE VIII

1120

1121

When any state other than those named specifically in

1122

Article II of this compact shall become a party thereto for the

1123

purpose of conserving its anadromous fish in accordance with the

1124

provisions of Article II the participation of such state in the

1125

action of the commission shall be limited to such species of

1126

anadromous fish.

1127

1128

ARTICLE IX

1129

1130

Nothing in this compact shall be construed to limit the

1131

powers of any signatory state or to repeal or prevent the

1132

enactment of any legislation or the enforcement of any

1133

requirement by any signatory state imposing additional conditions

1134

to conserve its fisheries.

1135

1136

ARTICLE X

1137

1138

Continued absence of representation or of any representative

1139

on the commission from any state party hereto shall be brought to

1140

the attention of the governor thereof.

1141

1142

ARTICLE XI

1143

1144

The states party hereto agree to make annual appropriations

1145

to the support of the commission in proportion to the primary

1146

market value of the products of their fisheries, exclusive of cod

1147

and haddock, as recorded in the most recent published reports of

1148

the Fish and Wildlife Service of the United States Department of

1149

the Interior, provided no state shall contribute less than $200

1150

per annum and the annual contribution of each state above the

1151

minimum shall be figured to the nearest $100.

1152

The compacting states agree to appropriate initially the

1153

annual amounts scheduled below, which amounts are calculated in

1154

the manner set forth herein, on the basis of the catch record of

1155

1938. Subsequent budgets shall be recommended by a majority of

1156

the commission and the cost thereof allocated equitably among the

1157

states in accordance with their respective interests and

1158

submitted to the compacting states.

1159

1160

Schedule of Initial Annual

1161

State Contributions

1162

Maine..................................................$700

1163

New Hampshire...........................................200

1164

Massachusetts.........................................2,300

1165

Rhode Island............................................300

1166

Connecticut.............................................400

1167

New York..............................................1,300

1168

New Jersey..............................................800

1169

Delaware................................................200

1170

Maryland................................................700

1171

Virginia..............................................1,300

1172

North Carolina..........................................600

1173

South Carolina..........................................200

1174

Georgia.................................................200

1175

Florida...............................................1,500

1176

1177

ARTICLE XII

1178

1179

This compact shall continue in force and remain binding upon

1180

each compacting state until renounced by it. Renunciation of this

1181

compact must be preceded by sending 6 months' notice in writing

1182

of intention to withdraw from the compact to the other states

1183

party hereto.

1184

(2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In pursuance

1185

of Article III of said compact there shall be three members

1186

(hereinafter called commissioners) of the Atlantic States Marine

1187

Fisheries Commission (hereinafter called commission) from this

1188

state. The first commissioner from this state shall be the

1189

Executive Director of the Fish and Wildlife Conservation

1190

Commission, ex officio, and the term of any such ex officio

1191

commissioner shall terminate at the time he or she ceases to hold

1192

said office of Executive Director of the Fish and Wildlife

1193

Conservation Commission, and his or her successor as commissioner

1194

shall be his or her successor as executive director. The second

1195

commissioner from this state shall be a legislator appointed on a

1196

rotating basis by the President of the Senate or the Speaker of

1197

the House of Representatives, beginning with the appointment of a

1198

member of the Senate, and the term of any such commissioner shall

1199

terminate at the time he or she ceases to hold said legislative

1200

office. The Governor (subject to confirmation by the Senate),

1201

shall appoint a citizen as a third commissioner who shall have a

1202

knowledge of, and interest in, the marine fisheries problem. The

1203

term of said commissioner shall be 3 years and the commissioner

1204

shall hold office until a successor shall be appointed and

1205

qualified. Vacancies occurring in the office of such commissioner

1206

from any reason or cause shall be filled by appointment by the

1207

Governor (subject to confirmation by the Senate), for the

1208

unexpired term. The Executive Director of the Fish and Wildlife

1209

Conservation Commission as ex officio commissioner may delegate,

1210

from time to time, to any deputy or other subordinate in his or

1211

her department or office, the power to be present and

1212

participate, including voting, as his or her representative or

1213

substitute at any meeting of or hearing by or other proceeding of

1214

the commission. The terms of each of the initial three members

1215

shall begin at the date of the appointment of the appointive

1216

commissioner, provided the said compact shall then have gone into

1217

effect in accordance with Article II of the compact; otherwise,

1218

they shall begin upon the date upon which said compact shall

1219

become effective in accordance with said Article II. Any

1220

commissioner may be removed from office by the Governor upon

1221

charges and after a hearing.

1222

(3) POWERS OF COMMISSION AND COMMISSIONERS.--There is

1223

hereby granted to the commission and the commissioners thereof

1224

all the powers provided for in the said compact and all the

1225

powers necessary or incidental to the carrying out of said

1226

compact in every particular. All officers of the State of Florida

1227

are hereby authorized and directed to do all things falling

1228

within their respective provinces and jurisdiction necessary or

1229

incidental to the carrying out of said compact in every

1230

particular; it being hereby declared to be the policy of the

1231

State of Florida to perform and carry out the said compact and to

1232

accomplish the purposes thereof. All officers, bureaus,

1233

departments and persons of and in the state government or

1234

administration of the State of Florida are hereby authorized and

1235

directed at convenient times and upon request of the said

1236

commission to furnish the said commission with information and

1237

data possessed by them or any of them and to aid said commission

1238

by loan of personnel or other means lying within their legal

1239

rights respectively.

1240

(4) POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein

1241

granted to the commission shall be regarded as in aid of and

1242

supplemental to and in no case a limitation upon any of the

1243

powers vested in said commission by other laws of the State of

1244

Florida or by the laws of the States of Maine, New Hampshire,

1245

Massachusetts, Connecticut, Rhode Island, New York, New Jersey,

1246

Delaware, Maryland, Virginia, North Carolina, South Carolina,

1247

Georgia and Florida or by the Congress or the terms of said

1248

compact.

1249

(5) ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--

1250

(a) The commission shall keep accurate accounts of all

1251

receipts and disbursements and shall report to the Governor and

1252

the Legislature of the State of Florida on or before the 10th day

1253

of December in each year, setting forth in detail the

1254

transactions conducted by it during the 12 months preceding

1255

December 1 of that year and shall make recommendations for any

1256

legislative action deemed by it advisable, including amendments

1257

to the statutes of the State of Florida which may be necessary to

1258

carry out the intent and purposes of the compact between the

1259

signatory states.

1260

(b) The Department of Financial Services is authorized and

1261

empowered from time to time to examine the accounts and books of

1262

the commission, including its receipts, disbursements and such

1263

other items referring to its financial standing as such

1264

department deems proper and to report the results of such

1265

examination to the governor of such state.

1266

(6) APPROPRIATION FOR EXPENSES OF COMMISSION.--The sum of

1267

$600, annually, or so much thereof as may be necessary, is hereby

1268

appropriated out of any moneys in the State Treasury not

1269

otherwise appropriated, for the expenses of the commission

1270

created by the compact authorized by this law. The moneys hereby

1271

appropriated shall be paid out of the State Treasury on the audit

1272

and warrant of the Chief Financial Officer upon vouchers

1273

certified by the chair of the commission in the manner prescribed

1274

by law.

1275

Section 37. Section 370.20, Florida Statutes, is renumbered

1276

as section 379.2254, Florida Statutes, to read:

1277

379.2254 370.20 Gulf States Marine Fisheries Compact;

1278

implementing legislation.--

1279

(1) FORM.--The Governor of this state is hereby authorized

1280

and directed to execute the compact on behalf of the State of

1281

Florida with any one or more of the States of Alabama,

1282

Mississippi, Louisiana and Texas, and with such other state as

1283

may enter into a compact, legal joining therein in the form

1284

substantially as follows:

1285

1286

GULF STATES MARINE FISHERIES

1287

COMPACT

1288

1289

The contracting states solemnly agree:

1290

1291

ARTICLE I

1292

1293

Whereas the gulf coast states have the proprietary interest

1294

in and jurisdiction over fisheries in the waters within their

1295

respective boundaries, it is the purpose of this compact to

1296

promote the better utilization of the fisheries, marine, shell

1297

and anadromous, of the seaboard of the Gulf of Mexico, by the

1298

development of a joint program for the promotion and protection

1299

of such fisheries and the prevention of the physical waste of the

1300

fisheries from any cause.

1301

1302

ARTICLE II

1303

1304

This compact shall become operative immediately as to those

1305

states ratifying it whenever any two or more of the States of

1306

Florida, Alabama, Mississippi, Louisiana and Texas have ratified

1307

it and the Congress has given its consent subject to article I,

1308

s. 10 of the Constitution of the United States. Any state

1309

contiguous to any of the aforementioned states or riparian upon

1310

waters which flow into waters under the jurisdiction of any of

1311

the aforementioned states and which are frequented by anadromous

1312

fish or marine species may become a party hereto as hereinafter

1313

provided.

1314

1315

ARTICLE III

1316

1317

Each state joining herein shall appoint three

1318

representatives to a commission hereby constituted and designated

1319

as the Gulf States Marine Fisheries Commission. One shall be the

1320

head of the administrative agency of such state charged with the

1321

conservation of the fishery resources to which this compact

1322

pertains or, if there be more than one officer or agency, the

1323

official of that state named by the governor thereof. The second

1324

shall be a member of the legislature of such state designated by

1325

such legislature or in the absence of such designation, such

1326

legislator shall be designated by the governor thereof, provided

1327

that if it is constitutionally impossible to appoint a legislator

1328

as a commissioner from such state, the second member shall be

1329

appointed in such manner as may be established by law. The third

1330

shall be a citizen who shall have a knowledge of and interest in

1331

the marine fisheries, to be appointed by the governor. This

1332

commission shall be a body corporate with the powers and duties

1333

set forth herein.

1334

1335

ARTICLE IV

1336

1337

The duty of the said commission shall be to make inquiry and

1338

ascertain from time to time such methods, practices,

1339

circumstances and conditions as may be disclosed for bringing

1340

about the conservation and the prevention of the depletion and

1341

physical waste of the fisheries, marine, shell and anadromous, of

1342

the gulf coast. The commission shall have power to recommend the

1343

coordination of the exercise of the police powers of the several

1344

states within their respective jurisdiction to promote the

1345

preservation of these fisheries and their protection against

1346

overfishing, waste, depletion or any abuse whatsoever and to

1347

assure a continuing yield from the fishery resources of the

1348

aforementioned states.

1349

To that end the commission shall draft and recommend to the

1350

governors and the legislatures of the various signatory states,

1351

legislation dealing with the conservation of the marine, shell

1352

and anadromous fisheries of the gulf seaboard. The commission

1353

shall from time to time present to the governor of each

1354

compacting state its recommendations relating to enactments to be

1355

presented to the legislature of the state in furthering the

1356

interest and purposes of this compact.

1357

The commission shall consult with and advise the pertinent

1358

administrative agencies in the states party hereto with regard to

1359

problems connected with the fisheries and recommend the adoption

1360

of such regulations as it deems advisable.

1361

The commission shall have power to recommend to the states

1362

party hereto the stocking of the waters of such states with fish

1363

and fish eggs or joint stocking by some or all of the states

1364

party hereto and when two or more states shall jointly stock

1365

waters the commission shall act as the coordinating agency for

1366

such stocking.

1367

1368

ARTICLE V

1369

1370

The commission shall elect from its number a chair and vice

1371

chair and shall appoint and at its pleasure remove or discharge

1372

such officers and employees as may be required to carry the

1373

provisions of this compact into effect and shall fix and

1374

determine their duties, qualifications and compensation. Said

1375

commission shall adopt rules and regulations for the conduct of

1376

its business. It may establish and maintain one or more offices

1377

for the transaction of its business and may meet at any time or

1378

place but must meet at least once a year.

1379

1380

ARTICLE VI

1381

1382

No action shall be taken by the commission in regard to its

1383

general affairs except by the affirmative vote of a majority of

1384

the whole number of compacting states. No recommendation shall be

1385

made by the commission in regard to any species of fish except by

1386

the affirmative vote of a majority of the compacting states which

1387

have an interest in such species. The commission shall define

1388

which shall be an interest.

1389

1390

ARTICLE VII

1391

1392

The Fish and Wildlife Service of the Department of the

1393

Interior of the Government of the United States shall act as the

1394

primary research agency of the Gulf States Marine Fisheries

1395

Commission cooperating with the research agencies in each state

1396

for that purpose. Representatives of the said fish and wildlife

1397

service shall attend the meetings of the commission. An advisory

1398

committee to be representative of the commercial salt water

1399

fishers and the salt water anglers and such other interests of

1400

each state as the commissioners deem advisable may be established

1401

by the commissioners from each state for the purpose of advising

1402

those commissioners upon such recommendations as it may desire to

1403

make.

1404

1405

ARTICLE VIII

1406

1407

When any state other than those named specifically in

1408

article II of this compact shall become a party hereto for the

1409

purpose of conserving its anadromous fish or marine species in

1410

accordance with the provisions of article II, the participation

1411

of such state in the action of the commission shall be limited to

1412

such species of fish.

1413

1414

ARTICLE IX

1415

1416

Nothing in this compact shall be construed to limit the

1417

powers or the proprietary interest of any signatory state or to

1418

repeal or prevent the enactment of any legislation or the

1419

enforcement of any requirement by a signatory state imposing

1420

additional conditions and restrictions to conserve its fisheries.

1421

1422

ARTICLE X

1423

1424

It is agreed that any two or more states party hereto may

1425

further amend this compact by acts of their respective

1426

legislatures subject to approval of Congress as provided in

1427

article I, s. 10, of the Constitution of the United States, to

1428

designate the Gulf States Marine Fisheries Commission as a joint

1429

regulating authority for the joint regulation of specific

1430

fisheries affecting only such states as shall be compact, and at

1431

their joint expense. The representatives of such states shall

1432

constitute a separate section of the Gulf States Marine Fisheries

1433

Commission for the exercise of the additional powers so granted

1434

but the creation of such section shall not be deemed to deprive

1435

the states so compacting of any of their privileges or powers in

1436

the Gulf States Marine Fisheries Commission as constituted under

1437

the other articles of this compact.

1438

1439

ARTICLE XI

1440

1441

Continued absence of representation or of any representative

1442

on the commission from any state party hereto shall be brought to

1443

the attention of the governor thereof.

1444

1445

ARTICLE XII

1446

1447

The operating expenses of the Gulf States Marine Fisheries

1448

Commission shall be borne by the states party hereto. Such

1449

initial appropriations as are set forth below shall be made

1450

available yearly until modified as hereinafter provided:

1451

Florida..............................................$3,500

1452

Alabama...............................................1,000

1453

Mississippi...........................................1,000

1454

Louisiana.............................................5,000

1455

Texas.................................................2,500

1456

Total...............................................$13,000

1457

1458

The proration and total cost per annum of $13,000, above-

1459

mentioned, is estimated only, for initial operations, and may be

1460

changed when found necessary by the commission and approved by

1461

the legislatures of the respective states. Each state party

1462

hereto agrees to provide in the manner most acceptable to it, the

1463

travel costs and necessary expenses of its commissioners and

1464

other representatives to and from meetings of the commission or

1465

its duly constituted sections or committees.

1466

1467

ARTICLE XIII

1468

1469

This compact shall continue in force and remain binding upon

1470

each compacting state until renounced by act of the legislature

1471

of such state, in such form as it may choose; provided that such

1472

renunciation shall not become effective until 6 months after the

1473

effective date of the action taken by the legislature. Notice of

1474

such renunciation shall be given to the other states party hereto

1475

by the secretary of state of the compacting state so renouncing

1476

upon passage of the act.

1477

(2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In pursuance of

1478

article III of said compact, there shall be three members

1479

(hereinafter called commissioners) of the Gulf States Marine

1480

Fisheries Commission (hereafter called commission) from the State

1481

of Florida. The first commissioner from the State of Florida

1482

shall be the Executive Director of the Fish and Wildlife

1483

Conservation Commission, ex officio, and the term of any such ex

1484

officio commissioner shall terminate at the time he or she ceases

1485

to hold said office of Executive Director of the Fish and

1486

Wildlife Conservation Commission, and his or her successor as

1487

commissioner shall be his or her successor as executive director.

1488

The second commissioner from the State of Florida shall be a

1489

legislator appointed on a rotating basis by the President of the

1490

Senate or the Speaker of the House of Representatives, beginning

1491

with the appointment of a member of the House of Representatives,

1492

and the term of any such commissioner shall terminate at the time

1493

he or she ceases to hold said legislative office. The Governor

1494

(subject to confirmation by the Senate) shall appoint a citizen

1495

as a third commissioner who shall have a knowledge of and

1496

interest in the marine fisheries problem. The term of said

1497

commissioner shall be 3 years and the commissioner shall hold

1498

office until a successor shall be appointed and qualified.

1499

Vacancies occurring in the office of such commissioner from any

1500

reason or cause shall be filled by appointment by the Governor

1501

(subject to confirmation by the Senate) for the unexpired term.

1502

The Executive Director of the Fish and Wildlife Conservation

1503

Commission, as ex officio commissioner, may delegate, from time

1504

to time, to any deputy or other subordinate in his or her

1505

department or office, the power to be present and participate,

1506

including voting, as his or her representative or substitute at

1507

any meeting of or hearing by or other proceeding of the

1508

commission. The terms of each of the initial three members shall

1509

begin at the date of the appointment of the appointive

1510

commissioner, provided the said compact shall then have gone into

1511

effect in accordance with article II of the compact; otherwise

1512

they shall begin upon the date upon which said compact shall

1513

become effective in accordance with said article II.

1514

Any commissioner may be removed from office by the Governor

1515

upon charges and after a hearing.

1516

(3) COMMISSION; POWERS.--There is hereby granted to the

1517

commission and the commissioners thereof all the powers provided

1518

for in the said compact and all the powers necessary or

1519

incidental to the carrying out of said compact in every

1520

particular. All officers of the State of Florida are hereby

1521

authorized and directed to do all things falling within their

1522

respective provinces and jurisdiction necessary or incidental to

1523

the carrying out of said compact in every particular; it being

1524

hereby declared to be the policy of the State of Florida to

1525

perform and carry out the said compact and to accomplish the

1526

purposes thereof. All officers, bureaus, departments and persons

1527

of and in the state government or administration of the State of

1528

Florida are hereby authorized and directed at convenient times

1529

and upon request of the said commission to furnish the said

1530

commission with information and data possessed by them or any of

1531

them and to aid said commission by loan of personnel or other

1532

means lying within their legal rights respectively.

1533

(4) POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein

1534

granted to the commissioner shall be regarded as in aid of and

1535

supplemental to and in no case a limitation upon any of the

1536

powers vested in said commission by other laws of the State of

1537

Florida or by the laws of the States of Alabama, Mississippi,

1538

Louisiana, Texas and Florida or by the Congress or the terms of

1539

said compact.

1540

(5) ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--The

1541

commission shall keep accurate accounts of all receipts and

1542

disbursements and shall report to the Governor and the

1543

Legislature of the State of Florida on or before the 10th day of

1544

December in each year, setting forth in detail the transactions

1545

conducted by it during the 12 months preceding December 1 of that

1546

year and shall make recommendations for any legislative action

1547

deemed by it advisable, including amendments to the statutes of

1548

the State of Florida which may be necessary to carry out the

1549

intent and purposes of the compact between the signatory states.

1550

The Department of Financial Services is authorized and

1551

empowered from time to time to examine the accounts and books of

1552

the commission, including its receipts, disbursements and such

1553

other items referring to its financial standing as such

1554

department deems proper and to report the results of such

1555

examination to the governor of such state.

1556

Section 38. Section 372.831, Florida Statutes, is

1557

renumbered as section 379.2255, Florida Statutes, and amended to

1558

read:

1559

379.2255 372.831 Wildlife Violator Compact Act.--The

1560

Wildlife Violator Compact is created and entered into with all

1561

other jurisdictions legally joining therein in the form

1562

substantially as follows:

1563

1564

ARTICLE I

1565

Findings and Purpose

1566

1567

(1) The participating states find that:

1568

(a) Wildlife resources are managed in trust by the

1569

respective states for the benefit of all residents and visitors.

1570

(b) The protection of the wildlife resources of a state is

1571

materially affected by the degree of compliance with state

1572

statutes, laws, regulations, ordinances, and administrative rules

1573

relating to the management of such resources.

1574

1575

restoration of wildlife contributes immeasurably to the

1576

aesthetic, recreational, and economic aspects of such natural

1577

resources.

1578

(d) Wildlife resources are valuable without regard to

1579

political boundaries; therefore, every person should be required

1580

to comply with wildlife preservation, protection, management, and

1581

restoration laws, ordinances, and administrative rules and

1582

regulations of the participating states as a condition precedent

1583

to the continuance or issuance of any license to hunt, fish,

1584

trap, or possess wildlife.

1585

(e) Violation of wildlife laws interferes with the

1586

management of wildlife resources and may endanger the safety of

1587

persons and property.

1588

(f) The mobility of many wildlife law violators

1589

necessitates the maintenance of channels of communication among

1590

the various states.

1591

(g) In most instances, a person who is cited for a wildlife

1592

violation in a state other than his or her home state is:

1593

1. Required to post collateral or a bond to secure

1594

appearance for a trial at a later date;

1595

2. Taken into custody until the collateral or bond is

1596

posted; or

1597

3. Taken directly to court for an immediate appearance.

1598

(h) The purpose of the enforcement practices set forth in

1599

paragraph (g) is to ensure compliance with the terms of a

1600

wildlife citation by the cited person who, if permitted to

1601

continue on his or her way after receiving the citation, could

1602

return to his or her home state and disregard his or her duty

1603

under the terms of the citation.

1604

(i) In most instances, a person receiving a wildlife

1605

citation in his or her home state is permitted to accept the

1606

citation from the officer at the scene of the violation and

1607

immediately continue on his or her way after agreeing or being

1608

instructed to comply with the terms of the citation.

1609

(j) The practices described in paragraph (g) cause

1610

unnecessary inconvenience and, at times, a hardship for the

1611

person who is unable at the time to post collateral, furnish a

1612

bond, stand trial, or pay a fine, and thus is compelled to remain

1613

in custody until some alternative arrangement is made.

1614

(k) The enforcement practices described in paragraph (g)

1615

consume an undue amount of time of law enforcement agencies.

1616

(2) It is the policy of the participating states to:

1617

(a) Promote compliance with the statutes, laws, ordinances,

1618

regulations, and administrative rules relating to the management

1619

of wildlife resources in their respective states.

1620

(b) Recognize a suspension of the wildlife license

1621

privileges of any person whose license privileges have been

1622

suspended by a participating state and treat such suspension as

1623

if it had occurred in each respective state.

1624

1625

of Article III, to accept a wildlife citation and, without delay,

1626

proceed on his or her way, whether or not the violator is a

1627

resident of the state in which the citation was issued, if the

1628

violator's home state is party to this compact.

1629

(d) Report to the appropriate participating state, as

1630

provided in the compact manual, any conviction recorded against

1631

any person whose home state was not the issuing state.

1632

(e) Allow the home state to recognize and treat convictions

1633

recorded against its residents, which convictions occurred in a

1634

participating state, as though they had occurred in the home

1635

state.

1636

(f) Extend cooperation to its fullest extent among the

1637

participating states for enforcing compliance with the terms of a

1638

wildlife citation issued in one participating state to a resident

1639

of another participating state.

1640

(g) Maximize the effective use of law enforcement personnel

1641

and information.

1642

(h) Assist court systems in the efficient disposition of

1643

wildlife violations.

1644

(3) The purpose of this compact is to:

1645

(a) Provide a means through which participating states may

1646

join in a reciprocal program to effectuate the policies

1647

enumerated in subsection (2) in a uniform and orderly manner.

1648

(b) Provide for the fair and impartial treatment of

1649

wildlife violators operating within participating states in

1650

recognition of the violator's right to due process and the

1651

sovereign status of a participating state.

1652

1653

ARTICLE II

1654

Definitions

1655

1656

As used in this compact, the term:

1657

(1) "Citation" means any summons, complaint, summons and

1658

complaint, ticket, penalty assessment, or other official document

1659

issued to a person by a wildlife officer or other peace officer

1660

for a wildlife violation which contains an order requiring the

1661

person to respond.

1662

(2) "Collateral" means any cash or other security deposited

1663

to secure an appearance for trial in connection with the issuance

1664

by a wildlife officer or other peace officer of a citation for a

1665

wildlife violation.

1666

(3) "Compliance" with respect to a citation means the act

1667

of answering a citation through an appearance in a court or

1668

tribunal, or through the payment of fines, costs, and surcharges,

1669

if any.

1670

(4) "Conviction" means a conviction that results in

1671

suspension or revocation of a license, including any court

1672

conviction, for any offense related to the preservation,

1673

protection, management, or restoration of wildlife which is

1674

prohibited by state statute, law, regulation, ordinance, or

1675

administrative rule. The term also includes the forfeiture of any

1676

bail, bond, or other security deposited to secure appearance by a

1677

person charged with having committed any such offense, the

1678

payment of a penalty assessment, a plea of nolo contendere, or

1679

the imposition of a deferred or suspended sentence by the court.

1680

(5) "Court" means a court of law, including magistrate's

1681

court and the justice of the peace court.

1682

(6) "Home state" means the state of primary residence of a

1683

person.

1684

(7) "Issuing state" means the participating state that

1685

issues a wildlife citation to the violator.

1686

(8) "License" means any license, permit, or other public

1687

document that conveys to the person to whom it was issued the

1688

privilege of pursuing, possessing, or taking any wildlife

1689

regulated by statute, law, regulation, ordinance, or

1690

administrative rule of a participating state; any privilege to

1691

obtain such license, permit, or other public document; or any

1692

statutory exemption from the requirement to obtain such license,

1693

permit, or other public document. However, when applied to a

1694

license, permit, or privilege issued or granted by the State of

1695

Florida, only a license or permit issued under s. 379.354 372.57,

1696

or a privilege granted under s. 379.353 372.562, shall be

1697

considered a license.

1698

(9) "Licensing authority" means the department or division

1699

within each participating state which is authorized by law to

1700

issue or approve licenses or permits to hunt, fish, trap, or

1701

possess wildlife.

1702

(10) "Participating state" means any state that enacts

1703

legislation to become a member of this wildlife compact.

1704

(11) "Personal recognizance" means an agreement by a person

1705

made at the time of issuance of the wildlife citation that such

1706

person will comply with the terms of the citation.

1707

(12) "State" means any state, territory, or possession of

1708

the United States, the District of Columbia, the Commonwealth of

1709

Puerto Rico, the Provinces of Canada, and other countries.

1710

(13) "Suspension" means any revocation, denial, or

1711

withdrawal of any or all license privileges, including the

1712

privilege to apply for, purchase, or exercise the benefits

1713

conferred by any license.

1714

(14) "Terms of the citation" means those conditions and

1715

options expressly stated upon the citation.

1716

(15) "Wildlife" means all species of animals, including,

1717

but not limited to, mammals, birds, fish, reptiles, amphibians,

1718

mollusks, and crustaceans, which are defined as "wildlife" and

1719

are protected or otherwise regulated by statute, law, regulation,

1720

ordinance, or administrative rule in a participating state.

1721

Species included in the definition of "wildlife" vary from state

1722

to state and the determination of whether a species is "wildlife"

1723

for the purposes of this compact shall be based on local law.

1724

(16) "Wildlife law" means any statute, law, regulation,

1725

ordinance, or administrative rule developed and enacted for the

1726

management of wildlife resources and the uses thereof.

1727

(17) "Wildlife officer" means any individual authorized by

1728

a participating state to issue a citation for a wildlife

1729

violation.

1730

(18) "Wildlife violation" means any cited violation of a

1731

statute, law, regulation, ordinance, or administrative rule

1732

developed and enacted for the management of wildlife resources

1733

and the uses thereof.

1734

1735

ARTICLE III

1736

Procedures for Issuing State

1737

1738

(1) When issuing a citation for a wildlife violation, a

1739

wildlife officer shall issue a citation to any person whose

1740

primary residence is in a participating state in the same manner

1741

as though the person were a resident of the issuing state and

1742

shall not require such person to post collateral to secure

1743

appearance, subject to the exceptions noted in subsection (2), if

1744

the officer receives the recognizance of such person that he will

1745

comply with the terms of the citation.

1746

(2) Personal recognizance is acceptable if not prohibited

1747

by local law; by policy, procedure, or regulation of the issuing

1748

agency; or by the compact manual and if the violator provides

1749

adequate proof of identification to the wildlife officer.

1750

(3) Upon conviction or failure of a person to comply with

1751

the terms of a wildlife citation, the appropriate official shall

1752

report the conviction or failure to comply to the licensing

1753

authority of the participating state in which the wildlife

1754

citation was issued. The report shall be made in accordance with

1755

procedures specified by the issuing state and must contain

1756

information as specified in the compact manual as minimum

1757

requirements for effective processing by the home state.

1758

(4) Upon receipt of the report of conviction or

1759

noncompliance pursuant to subsection (3), the licensing authority

1760

of the issuing state shall transmit to the licensing authority of

1761

the home state of the violator the information in the form and

1762

content prescribed in the compact manual.

1763

1764

ARTICLE IV

1765

Procedure for Home State

1766

1767

(1) Upon receipt of a report from the licensing authority

1768

of the issuing state reporting the failure of a violator to

1769

comply with the terms of a citation, the licensing authority of

1770

the home state shall notify the violator and shall initiate a

1771

suspension action in accordance with the home state's suspension

1772

procedures and shall suspend the violator's license privileges

1773

until satisfactory evidence of compliance with the terms of the

1774

wildlife citation has been furnished by the issuing state to the

1775

home state licensing authority. Due-process safeguards shall be

1776

accorded.

1777

(2) Upon receipt of a report of conviction from the

1778

licensing authority of the issuing state, the licensing authority

1779

of the home state shall enter such conviction in its records and

1780

shall treat such conviction as though it occurred in the home

1781

state for purposes of the suspension of license privileges.

1782

(3) The licensing authority of the home state shall

1783

maintain a record of actions taken and shall make reports to

1784

issuing states as provided in the compact manual.

1785

1786

ARTICLE V

1787

Reciprocal Recognition of Suspension

1788

1789

(1) Each participating state may recognize the suspension

1790

of license privileges of any person by any other participating

1791

state as though the violation resulting in the suspension had

1792

occurred in that state and would have been the basis for

1793

suspension of license privileges in that state.

1794

(2) Each participating state shall communicate suspension

1795

information to other participating states in the form and content

1796

contained in the compact manual.

1797

1798

ARTICLE VI

1799

Applicability of Other Laws

1800

1801

Except as expressly required by provisions of this compact, this

1802

compact does not affect the right of any participating state to

1803

apply any of its laws relating to license privileges to any

1804

person or circumstance or to invalidate or prevent any agreement

1805

or other cooperative arrangement between a participating state

1806

and a nonparticipating state concerning the enforcement of

1807

wildlife laws.

1808

1809

ARTICLE VII

1810

Compact Administrator Procedures

1811

1812

(1) For the purpose of administering the provisions of this

1813

compact and to serve as a governing body for the resolution of

1814

all matters relating to the operation of this compact, a board of

1815

compact administrators is established. The board shall be

1816

composed of one representative from each of the participating

1817

states to be known as the compact administrator. The compact

1818

administrator shall be appointed by the head of the licensing

1819

authority of each participating state and shall serve and be

1820

subject to removal in accordance with the laws of the state he or

1821

she represents. A compact administrator may provide for the

1822

discharge of his or her duties and the performance of his or her

1823

functions as a board member by an alternate. An alternate is not

1824

entitled to serve unless written notification of his or her

1825

identity has been given to the board.

1826

(2) Each member of the board of compact administrators

1827

shall be entitled to one vote. No action of the board shall be

1828

binding unless taken at a meeting at which a majority of the

1829

total number of the board's votes are cast in favor thereof.

1830

Action by the board shall be only at a meeting at which a

1831

majority of the participating states are represented.

1832

(3) The board shall elect annually from its membership a

1833

chairman and vice chairman.

1834

(4) The board shall adopt bylaws not inconsistent with the

1835

provisions of this compact or the laws of a participating state

1836

for the conduct of its business and shall have the power to amend

1837

and rescind its bylaws.

1838

(5) The board may accept for any of its purposes and

1839

functions under this compact any and all donations and grants of

1840

moneys, equipment, supplies, materials, and services, conditional

1841

or otherwise, from any state, the United States, or any

1842

governmental agency, and may receive, use, and dispose of the

1843

same.

1844

(6) The board may contract with, or accept services or

1845

personnel from, any governmental or intergovernmental agency,

1846

individual, firm, corporation, or private nonprofit organization

1847

or institution.

1848

(7) The board shall formulate all necessary procedures and

1849

develop uniform forms and documents for administering the

1850

provisions of this compact. All procedures and forms adopted

1851

pursuant to board action shall be contained in a compact manual.

1852

1853

ARTICLE VIII

1854

Entry into Compact and Withdrawal

1855

1856

(1) This compact shall become effective at such time as it

1857

is adopted in substantially similar form by two or more states.

1858

(2)

1859

(a) Entry into the compact shall be made by resolution of

1860

ratification executed by the authorized officials of the applying

1861

state and submitted to the chairman of the board.

1862

(b) The resolution shall substantially be in the form and

1863

content as provided in the compact manual and must include the

1864

following:

1865

1. A citation of the authority from which the state is

1866

empowered to become a party to this compact;

1867

2. An agreement of compliance with the terms and provisions

1868

of this compact; and

1869

3. An agreement that compact entry is with all states

1870

participating in the compact and with all additional states

1871

legally becoming a party to the compact.

1872

1873

applying state, but may not be less than 60 days after notice has

1874

been given by the chairman of the board of the compact

1875

administrators or by the secretariat of the board to each

1876

participating state that the resolution from the applying state

1877

has been received.

1878

(3) A participating state may withdraw from participation

1879

in this compact by official written notice to each participating

1880

state, but withdrawal shall not become effective until 90 days

1881

after the notice of withdrawal is given. The notice must be

1882

directed to the compact administrator of each member state. The

1883

withdrawal of any state does not affect the validity of this

1884

compact as to the remaining participating states.

1885

1886

ARTICLE IX

1887

Amendments to the Compact

1888

1889

(1) This compact may be amended from time to time.

1890

Amendments shall be presented in resolution form to the chairman

1891

of the board of compact administrators and shall be initiated by

1892

one or more participating states.

1893

(2) Adoption of an amendment shall require endorsement by

1894

all participating states and shall become effective 30 days after

1895

the date of the last endorsement.

1896

1897

ARTICLE X

1898

Construction and Severability

1899

1900

This compact shall be liberally construed so as to effectuate the

1901

purposes stated herein. The provisions of this compact are

1902

severable and if any phrase, clause, sentence, or provision of

1903

this compact is declared to be contrary to the constitution of

1904

any participating state or of the United States, or if the

1905

applicability thereof to any government, agency, individual, or

1906

circumstance is held invalid, the validity of the remainder of

1907

this compact shall not be affected thereby. If this compact is

1908

held contrary to the constitution of any participating state, the

1909

compact shall remain in full force and effect as to the remaining

1910

states and in full force and effect as to the participating state

1911

affected as to all severable matters.

1912

1913

ARTICLE XI

1914

Title

1915

1916

This compact shall be known as the "Wildlife Violator

1917

Compact."

1918

Section 39. Section 372.8311, Florida Statutes, is

1919

renumbered as section 379.2256, Florida Statutes, and amended to

1920

read:

1921

379.2256 372.8311 Compact licensing and enforcement

1922

authority; administrative review.--

1923

(1) LICENSING AND ENFORCEMENT AUTHORITY.--For purposes of

1924

this act and the interstate Wildlife Violator Compact, the Fish

1925

and Wildlife Conservation Commission is the licensing authority

1926

for the State of Florida and shall enforce the interstate

1927

Wildlife Violator Compact and shall do all things within the

1928

commission's jurisdiction which are necessary to effectuate the

1929

purposes and the intent of the compact. The commission may

1930

execute a resolution of ratification to formalize the State of

1931

Florida's entry into the compact. Upon adoption of the Wildlife

1932

Violator Compact, the commission may adopt rules to administer

1933

the provisions of the compact.

1934

(2) ADMINISTRATIVE REVIEW.--Any action committed or omitted

1935

by the Fish and Wildlife Conservation Commission under or in the

1936

enforcement of the Wildlife Violator Compact created in s.

1937

379.2255 372.831 is subject to review under chapter 120.

1938

Section 40. Section 372.74, Florida Statutes, is renumbered

1939

as section 379.2257, Florida Statutes, to read:

1940

379.2257 372.74 Cooperative agreements with U. S. Forest

1941

Service; penalty.--The Fish and Wildlife Conservation Commission

1942

is authorized and empowered:

1943

(1) To enter into cooperative agreements with the United

1944

States Forest Service for the development of game, bird, fish,

1945

reptile, or fur-bearing animal management and demonstration

1946

projects on and in the Osceola National Forest in Columbia and

1947

Baker Counties, and in the Ocala National Forest in Marion, Lake,

1948

and Putnam Counties and in the Apalachicola National Forest in

1949

Liberty County. Provided, however, that no such cooperative

1950

agreements shall become effective in any county concerned until

1951

confirmed by the board of county commissioners of such county

1952

expressed through appropriate resolution.

1953

(2) In cooperation with the United States Forest Service,

1954

to make, adopt, promulgate, amend, and repeal rules and

1955

regulations, consistent with law, for the further or better

1956

control of hunting, fishing, and control of wildlife in the above

1957

National Forests or parts thereof; to shorten seasons and reduce

1958

bag limits, or shorten or close seasons on any species of game,

1959

bird, fish, reptile, or fur-bearing animal within the limits

1960

prescribed by the Florida law, in the above enumerated National

1961

Forests or parts thereof, when it shall find after investigation

1962

that such action is necessary to assure the maintenance of an

1963

adequate supply of wildlife.

1964

(3) To fix a charge not to exceed $5, for persons 18 years

1965

of age and over, and not to exceed $2 for persons under the age

1966

of 18 years, over and above the license fee for hunting now

1967

required by law. This additional fee is to apply only on areas

1968

covered by above cooperative agreements. The proceeds from this

1969

additional license fee shall be used in the development,

1970

propagation of wildlife, and protection of the areas covered by

1971

the cooperative agreements as the commission and the United

1972

States Forest Service may deem proper. Nothing in this section

1973

shall be construed as authorizing the commission to change any

1974

penalty prescribed by law or to change the amount of general

1975

license fees or the general authority conferred by licenses

1976

prescribed by law.

1977

(4) In addition to the requirements of chapter 120, notice

1978

of the making, adoption, and promulgation of the above rules and

1979

regulations shall be given by posting said notices, or copies of

1980

the rules and regulations, in the offices of the county judges

1981

and in the post offices within the area to be affected and within

1982

10 miles thereof. In addition to the posting of said notices, as

1983

aforesaid, copies of said notices or of said rules and

1984

regulations shall also be published in newspapers published at

1985

the county seats of Baker, Columbia, Marion, Lake, Putnam, and

1986

Liberty Counties, or so many thereof as have newspapers, once not

1987

more than 35 nor less than 28 days and once not more than 21 nor

1988

less than 14 days prior to the opening of the state hunting

1989

season in said areas. Any person violating any rules or

1990

regulations promulgated by the commission to cover these areas

1991

under cooperative agreements between the Fish and Wildlife

1992

Conservation Commission and the United States Forest Service,

1993

none of which shall be in conflict with the laws of Florida,

1994

shall be guilty of a misdemeanor of the second degree, punishable

1995

as provided in s. 775.082 or s. 775.083.

1996

Section 41. Section 372.77, Florida Statutes, is renumbered

1997

as section 379.2258, Florida Statutes, to read:

1998

379.2258 372.77 Assent to provisions of Act of Congress of

1999

September 2, 1937.--

2000

(1) The state hereby assents to the provisions of the Act

2001

of Congress entitled "An Act to provide that the United States

2002

shall aid the States in Wildlife Restoration Projects, and for

2003

other purposes," approved September 2, 1937 (Pub. L. No. 415,

2004

75th Congress), and the Fish and Wildlife Conservation Commission

2005

is hereby authorized, empowered, and directed to perform such

2006

acts as may be necessary to the conduct and establishment of

2007

cooperative wildlife restoration projects, as defined in said Act

2008

of Congress, in compliance with said act and rules and

2009

regulations promulgated by the Secretary of Agriculture

2010

thereunder.

2011

(2) From and after the passage of this section it shall be

2012

unlawful to divert any funds accruing to the state from license

2013

fees paid by hunters for any purpose other than the

2014

administration of the Fish and Wildlife Conservation Commission

2015

of the state.

2016

Section 42. Section 372.7701, Florida Statutes, is

2017

renumbered as section 379.2259, Florida Statutes, and amended to

2018

read:

2019

379.2259 372.7701 Assent to federal acts.--

2020

(1) The state hereby assents to the provisions of the

2021

Federal Aid in Fish Restoration Act of August 9, 1950, as

2022

amended. The Fish and Wildlife Conservation Commission shall

2023

perform such activities as are necessary to conduct wildlife and

2024

sportfish restoration projects, as defined in such Act of

2025

Congress and in compliance with the act and rules adopted

2026

thereunder by the United States Department of the Interior.

2027

Furthermore, the commission shall develop and implement programs

2028

to manage, protect, restore, and conserve marine mammals and the

2029

marine fishery and shall develop and implement similar programs

2030

for wild animal life and freshwater aquatic life.

2031

(2) Revenues from fees paid by hunters and sport fishers

2032

may not be diverted to purposes other than the administration of

2033

fish and wildlife programs by the Fish and Wildlife Conservation

2034

Commission. Administration of the state fish and wildlife

2035

programs includes only those functions of fish and wildlife

2036

management as are the responsibility of and under the authority

2037

of the Fish and Wildlife Conservation Commission.

2038

(3) This section shall be construed in harmony with s.

2039

379.2258 372.77.

2040

Section 43. Section 370.21, Florida Statutes, is renumbered

2041

as section 379.226, Florida Statutes, and amended to read:

2042

379.226 370.21 Florida Territorial Waters Act; alien-owned

2043

commercial fishing vessels; prohibited acts; enforcement.--

2044

(1) This act may be known and cited as the "Florida

2045

Territorial Waters Act."

2046

(2) It is the purpose of this act to exercise and exert

2047

full sovereignty and control of the territorial waters of the

2048

state.

2049

(3) No license shall be issued by the Fish and Wildlife

2050

Conservation Commission under s. 379.361 370.06, to any vessel

2051

owned in whole or in part by any alien power, which subscribes to

2052

the doctrine of international communism, or any subject or

2053

national thereof, who subscribes to the doctrine of international

2054

communism, or any individual who subscribes to the doctrine of

2055

international communism, or who shall have signed a treaty of

2056

trade, friendship and alliance or a nonaggression pact with any

2057

communist power. The commission shall grant or withhold said

2058

licenses where other alien vessels are involved on the basis of

2059

reciprocity and retorsion, unless the nation concerned shall be

2060

designated as a friendly ally or neutral by a formal suggestion

2061

transmitted to the Governor of Florida by the Secretary of State

2062

of the United States. Upon the receipt of such suggestion

2063

licenses shall be granted under s. 379.361 370.06, without regard

2064

to reciprocity and retorsion, to vessels of such nations.

2065

(4) It is unlawful for any unlicensed alien vessel to take

2066

by any means whatsoever, attempt to take, or having so taken to

2067

possess, any natural resource of the state's territorial waters,

2068

as such waters are described by Art. II of the State

2069

Constitution.

2070

(5) It is the duty of all harbormasters of the state to

2071

prevent the use of any port facility in a manner which they

2072

reasonably suspect may assist in the violation of this act.

2073

Harbormasters shall endeavor by all reasonable means, which may

2074

include the inspection of nautical logs, to ascertain from

2075

masters of newly arrived vessels of all types other than warships

2076

of the United States, the presence of alien commercial fishing

2077

vessels within the territorial waters of the state, and shall

2078

transmit such information promptly to the Fish and Wildlife

2079

Conservation Commission and such law enforcement agencies of the

2080

state as the situation may indicate. Harbormasters shall request

2081

assistance from the United States Coast Guard in appropriate

2082

cases to prevent unauthorized departure from any port facility.

2083

(6) All licensed harbor pilots are required to promptly

2084

transmit any knowledge coming to their attention regarding

2085

possible violations of this act to the harbormaster of the port

2086

or the appropriate law enforcement officials.

2087

(7) All law enforcement agencies of the state, including

2088

but not limited to sheriffs and officers of the Fish and Wildlife

2089

Conservation Commission, are empowered and directed to arrest the

2090

masters and crews of vessels who are reasonably believed to be in

2091

violation of this law, and to seize and detain such vessels,

2092

their equipment and catch. Such arresting officers shall take the

2093

offending crews or property before the court having jurisdiction

2094

of such offenses. All such agencies are directed to request

2095

assistance from the United States Coast Guard in the enforcement

2096

of this act when having knowledge of vessels operating in

2097

violation or probable violation of this act within their

2098

jurisdictions when such agencies are without means to effectuate

2099

arrest and restraint of vessels and their crews.

2100

(8) The fine or imprisonment of persons and confiscation

2101

proceedings against vessels, gear and catch prescribed for

2102

violations of this chapter, shall be imposed for violation of

2103

this act; provided that nothing herein shall authorize the

2104

repurchase of property for a nominal sum by the owner upon proof

2105

of lack of complicity in the violation or undertaking.

2106

(9) No crew member or master seeking bona fide political

2107

asylum shall be fined or imprisoned hereunder.

2108

(10) Harbormasters and law enforcement agencies are

2109

authorized to request assistance from the Civil Air Patrol in the

2110

surveillance of suspect vessels. Aircraft of the Division of

2111

Forestry of the Department of Agriculture and Consumer Services

2112

or other state or county agencies which are conveniently located

2113

and not otherwise occupied may be similarly utilized.

2114

Section 44. Section 370.06092, Florida Statutes, is

2115

renumbered as section 379.2271, Florida Statutes, to read:

2116

379.2271 370.06092 Harmful-Algal-Bloom Task Force.--

2117

(1) There is established a Harmful-Algal-Bloom Task Force

2118

for the purpose of determining research, monitoring, control, and

2119

mitigation strategies for red tide and other harmful algal blooms

2120

in Florida waters. The Fish and Wildlife Research Institute shall

2121

appoint to the task force scientists, engineers, economists,

2122

members of citizen groups, and members of government. The task

2123

force shall determine research and monitoring priorities and

2124

control and mitigation strategies and make recommendations to the

2125

Fish and Wildlife Research Institute for using funds as provided

2126

in this act.

2127

(2) The Harmful-Algal-Bloom Task Force shall:

2128

(a) Review the status and adequacy of information for

2129

monitoring physical, chemical, biological, economic, and public

2130

health factors affecting harmful algal blooms in Florida;

2131

(b) Develop research and monitoring priorities for harmful

2132

algal blooms in Florida, including detection, prediction,

2133

mitigation, and control;

2134

2135

state and local governments to develop a response plan and to

2136

predict, mitigate, and control the effects of harmful algal

2137

blooms; and

2138

(d) Make recommendations to the Fish and Wildlife Research

2139

Institute for research, detection, monitoring, prediction,

2140

mitigation, and control of harmful algal blooms in Florida.

2141

Section 45. Section 370.06093, Florida Statutes, is

2142

renumbered as section 379.2272, Florida Statutes, to read:

2143

379.2272 370.06093 Harmful-algal-bloom program;

2144

implementation; goals; funding.--

2145

(1)(a) The Fish and Wildlife Research Institute shall

2146

implement a program designed to increase the knowledge of factors

2147

that control harmful algal blooms, including red tide, and to

2148

gain knowledge to be used for the early detection of factors

2149

precipitating harmful algal blooms for accurate prediction of the

2150

extent and seriousness of harmful algal blooms and for

2151

undertaking successful efforts to control and mitigate the

2152

effects of harmful algal blooms.

2153

(b) The Legislature intends that this program enhance and

2154

address areas that are not adequately covered in the cooperative

2155

federal-state program known as Ecology and Oceanography of

2156

Harmful Algal Blooms (ECOHAB-Florida), which includes the

2157

University of South Florida, the Mote Marine Laboratory, and the

2158

Fish and Wildlife Research Institute.

2159

2160

to assess the potential for public health damage and economic

2161

damage from a given bloom and to undertake control and mitigation

2162

efforts through the development and application of an integrated

2163

detection and prediction network for monitoring and responding to

2164

the development and movement of harmful algal blooms in Florida

2165

marine and estuarine waters.

2166

(2) A financial disbursement program is created within the

2167

Fish and Wildlife Research Institute to implement the provisions

2168

of this act. Under the program, the institute shall provide

2169

funding and technical assistance to government agencies, research

2170

universities, coastal local governments, and organizations with

2171

scientific and technical expertise for the purposes of harmful-

2172

algal-bloom research, economic impact study, monitoring,

2173

detection, control, and mitigation. The program may be funded

2174

from state, federal, and private contributions.

2175

Section 46. Section 372.97, Florida Statutes, is renumbered

2176

as section 379.2281, Florida Statutes, to read:

2177

379.2281 372.97 Jim Woodruff Dam; reciprocity

2178

agreements.--The Fish and Wildlife Conservation Commission of the

2179

state is hereby authorized to enter into an agreement of the

2180

reciprocity with the game and fish commissioners or the

2181

appropriate officials or departments of the State of Georgia and

2182

the State of Alabama relative to the taking of game and

2183

freshwater fish from the waters of the lake created by the Jim

2184

Woodruff Dam by permitting reciprocal license privileges.

2185

Section 47. Section 372.971, Florida Statutes, is

2186

renumbered as section 379.2282, Florida Statutes, to read:

2187

379.2282 372.971 St. Marys River; reciprocity

2188

agreements.--The Fish and Wildlife Conservation Commission of the

2189

state is hereby authorized to enter into an agreement of

2190

reciprocity with the game and fish commissioner or the

2191

appropriate officials or departments of the State of Georgia

2192

relative to the taking of game and freshwater fish from the

2193

waters of the St. Marys River by permitting reciprocal agreement

2194

license privileges.

2195

Section 48. Section 372.072, Florida Statutes, is

2196

renumbered as 379.2291, Florida Statutes, to read:

2197

379.2291 372.072 Endangered and Threatened Species Act.--

2198

(1) SHORT TITLE.--This section may be cited as the "Florida

2199

Endangered and Threatened Species Act."

2200

(2) DECLARATION OF POLICY.--The Legislature recognizes that

2201

the State of Florida harbors a wide diversity of fish and

2202

wildlife and that it is the policy of this state to conserve and

2203

wisely manage these resources, with particular attention to those

2204

species defined by the Fish and Wildlife Conservation Commission,

2205

the Department of Environmental Protection, or the United States

2206

Department of Interior, or successor agencies, as being

2207

endangered or threatened. As Florida has more endangered and

2208

threatened species than any other continental state, it is the

2209

intent of the Legislature to provide for research and management

2210

to conserve and protect these species as a natural resource.

2211

(3) DEFINITIONS.--As used in this section:

2212

(a) "Fish and wildlife" means any member of the animal

2213

kingdom, including, but not limited to, any mammal, fish, bird,

2214

amphibian, reptile, mollusk, crustacean, arthropod, or other

2215

invertebrate.

2216

(b) "Endangered species" means any species of fish and

2217

wildlife naturally occurring in Florida, whose prospects of

2218

survival are in jeopardy due to modification or loss of habitat;

2219

overutilization for commercial, sporting, scientific, or

2220

educational purposes; disease; predation; inadequacy of

2221

regulatory mechanisms; or other natural or manmade factors

2222

affecting its continued existence.

2223

2224

wildlife naturally occurring in Florida which may not be in

2225

immediate danger of extinction, but which exists in such small

2226

populations as to become endangered if it is subjected to

2227

increased stress as a result of further modification of its

2228

environment.

2229

(4) INTERAGENCY COORDINATION.--

2230

(a) The commission shall be responsible for research and

2231

management of freshwater and upland species and for research and

2232

management of marine species.

2233

(b) Recognizing that citizen awareness is a key element in

2234

the success of this plan, the commission and the Department of

2235

Education are encouraged to work together to develop a public

2236

education program with emphasis on, but not limited to, both

2237

public and private schools.

2238

2239

Agriculture and Consumer Services, the Department of Community

2240

Affairs, or the Department of Transportation, may establish

2241

reduced speed zones along roads, streets, and highways to protect

2242

endangered species or threatened species.

2243

(5) ANNUAL REPORT.--The director of the commission shall,

2244

at least 30 days prior to each annual session of the Legislature,

2245

transmit to the Governor and Cabinet, the President of the

2246

Senate, the Speaker of the House of Representatives, and the

2247

chairs of the appropriate Senate and House committees, a revised

2248

and updated plan for management and conservation of endangered

2249

and threatened species, including criteria for research and

2250

management priorities; a description of the educational program;

2251

statewide policies pertaining to protection of endangered and

2252

threatened species; additional legislation which may be required;

2253

and the recommended level of funding for the following year,

2254

along with a progress report and budget request.

2255

(6) MEASURABLE BIOLOGICAL GOALS.--Measurable biological

2256

goals that define manatee recovery developed by the commission,

2257

working in conjunction with the United States Fish and Wildlife

2258

Service, shall be used by the commission in its development of

2259

management plans or work plans. In addition to other criteria,

2260

these measurable biological goals shall be used by the commission

2261

when evaluating existing and proposed protection rules, and in

2262

determining progress in achieving manatee recovery. Not later

2263

than July 1, 2005, the commission shall develop rules to define

2264

how measurable biological goals will be used by the commission

2265

when evaluating the need for additional manatee protection rules.

2266

Section 49. Section 372.073, Florida Statutes, is

2267

renumbered as section 379.2292, Florida Statutes, and amended to

2268

read:

2269

379.2292 372.073 Endangered and Threatened Species Reward

2270

Program.--

2271

(1) There is established within the Fish and Wildlife

2272

Conservation Commission the Endangered and Threatened Species

2273

Reward Program, to be funded from the Nongame Wildlife Trust

2274

Fund. The commission may post rewards to persons responsible for

2275

providing information leading to the arrest and conviction of

2276

persons illegally killing or wounding or wrongfully possessing

2277

any of the endangered and threatened species listed on the

2278

official Florida list of such species maintained by the

2279

commission or the arrest and conviction of persons who violate s.

2280

379.4115 s. 372.667 or s. 372.671. Additional funds may be

2281

provided by donations from interested individuals and

2282

organizations. The reward program is to be administered by the

2283

commission. The commission shall establish a schedule of rewards.

2284

(2) The commission may expend funds only for the following

2285

purposes:

2286

(a) The payment of rewards to persons, other than law

2287

enforcement officers, commission personnel, and members of their

2288

immediate families, for information as specified in subsection

2289

(1); or

2290

(b) The promotion of public recognition and awareness of

2291

the Endangered and Threatened Species Reward Program.

2292

Section 50. Section 372.771, Florida Statutes, is

2293

renumbered as section 379.23, Florida Statutes, to read:

2294

379.23 372.771 Federal conservation of fish and wildlife;

2295

limited jurisdiction.--

2296

(1) Consent of the State of Florida is hereby given, to the

2297

United States for acquisition of lands, waters, or lands and

2298

waters or interests therein, for the purpose of managing,

2299

protecting and propagating fish and wildlife and for other

2300

conservation uses in the state, providing prior notice has been

2301

given by the Federal Government to the Board of Trustees of the

2302

Internal Improvement Trust Fund, the board of county

2303

commissioners of the county where the lands proposed for purchase

2304

are located, of such proposed action stating the specific use to

2305

be made of and the specific location and description of such

2306

lands desired by the Federal Government for any such conservation

2307

use, and that such plans for acquisition and use of said lands be

2308

approved by the Board of Trustees of the Internal Improvement

2309

Trust Fund, the board of county commissioners of the county where

2310

the lands proposed for purchase are located; provided further

2311

that nothing herein contained shall be construed to give the

2312

consent of the State of Florida to the acquisition by the United

2313

States of lands, waters, or lands and waters, or interests

2314

therein, through exercise of the power of eminent domain;

2315

provided further that the provisions of this act shall not apply

2316

to lands owned by the several counties or by public corporations.

2317

(2) The United States may exercise concurrent jurisdiction

2318

over lands so acquired and carry out the intent and purpose of

2319

the authority except that the existing laws of Florida relating

2320

to the Department of Environmental Protection or the Fish and

2321

Wildlife Conservation Commission shall prevail relating to any

2322

area under their supervision.

2323

Section 51. Section 372.265, Florida Statutes, is

2324

renumbered as section 379.231, Florida Statutes, and amended to

2325

read:

2326

379.231 372.265 Regulation of foreign animals.--

2327

(1) It is unlawful to import for sale or use, or to release

2328

within this state, any species of the animal kingdom not

2329

indigenous to Florida without having obtained a permit to do so

2330

from the Fish and Wildlife Conservation Commission.

2331

(2) The Fish and Wildlife Conservation Commission is

2332

authorized to issue or deny such a permit upon the completion of

2333

studies of the species made by it to determine any detrimental

2334

effect the species might have on the ecology of the state.

2335

(3) A person in violation of this section commits a Level

2336

Three violation under s. 379.401 372.83.

2337

Section 52. Section 370.03, Florida Statutes, is renumbered

2338

as section 379.232, Florida Statutes, to read:

2339

379.232 370.03 Water bottoms.--

2340

(1) OWNERSHIP.--All beds and bottoms of navigable rivers,

2341

bayous, lagoons, lakes, bays, sounds, inlets, oceans, gulfs and

2342

other bodies of water within the jurisdiction of Florida shall be

2343

the property of the state except such as may be held under some

2344

grant or alienation heretofore made. No grant, sale or conveyance

2345

of any water bottom, except conditional leases and dispositions

2346

hereinafter provided for, shall hereafter be made by the state,

2347

the Board of Trustees of the Internal Improvement Trust Fund, the

2348

Department of Agriculture and Consumer Services, or any other

2349

official or political corporation. Persons who have received, or

2350

may hereafter receive permits to do business in this state, with

2351

their factories, shucking plants and shipping depots located in

2352

this state, may enjoy the right of fishing for oysters and clams

2353

from the natural reefs and bedding oysters and clams on leased

2354

bedding grounds, and shall have the right to employ such boats,

2355

vessels, or labor and assistants as they may need. Provided that

2356

no oysters shall be transported unshucked and in the shells, out

2357

of the state, except for use in what is commonly known as the

2358

"half-shell trade." When the oyster meats have been separated

2359

from the shells it shall be permissible to ship the meats out of

2360

the state for further processing and for canning or packing. It

2361

shall be unlawful to transport oysters out of the state,

2362

unshucked and in the shells, for processing or packing.

2363

(2) CONTROL.--The Department of Environmental Protection

2364

has exclusive power and control over all water bottoms, not held

2365

under some grant or alienation heretofore made, including such as

2366

may revert to the state by cancellation or otherwise, and may

2367

lease the same to any person irrespective of residence or

2368

citizenship, upon such terms, conditions and restrictions as said

2369

division may elect to impose, without limitation as to area to

2370

any one person, for the purpose of granting exclusive right to

2371

plant oysters or clams thereon and for the purpose of fishing,

2372

taking, catching, bedding and raising oysters, clams and other

2373

shellfish. No such lessee shall re-lease, sublease, sell or

2374

transfer any such water bottom or property; provided, that

2375

nothing herein contained shall be construed as giving said

2376

department authority to lease sponge beds.

2377

(3) FEES FOR BOTTOM LEASES, ETC.--The department shall

2378

charge and receive a fee of $2 for each lease granted, and in all

2379

other cases, not specifically provided by this chapter, the same

2380

fees as are allowed clerks of the circuit court for like

2381

services. All fees shall be paid by the party served.

2382

(4) CONFIRMATION OF FORMER GRANTS; PROVISO.--All grants

2383

prior to June 1, 1913, made in pursuance of heretofore existing

2384

laws, where the person receiving such grant, the person's heirs

2385

or assigns, have bona fide complied with the requirements of said

2386

law, are hereby confirmed; provided, that if any material or

2387

natural oyster or clam reefs or beds on such granted premises are

2388

100 square yards in area and contained natural oysters and clams

2389

(coon oysters not included) in sufficient quantity to have been

2390

resorted to by the general public for the purpose of gathering

2391

oysters or clams to sell for a livelihood, at the time they were

2392

planted by such grantee, his or her heirs or assigns, such reefs

2393

or beds are declared to be the property of the state; and when

2394

such beds or reefs exist within the territory heretofore granted

2395

as above set forth, or that may hereafter be leased, such grantee

2396

or lessee shall mark the boundaries of such oyster and clam reefs

2397

or beds as may be designated by the department as natural oyster

2398

or clam reefs or beds, clearly defining the boundaries of the

2399

same, and shall post notice or other device, as shall be required

2400

by the department, giving notice to the public that such oyster

2401

or clam beds or reefs are the property of the state, which said

2402

notice shall be maintained from September 1 to June 1 of each and

2403

every year, on each oyster bed or reef and on each clam bed for

2404

such period of each year as the board may direct, at the expense

2405

of the grantee or lessee. The department shall investigate all

2406

grants heretofore made, and where, in its opinion, the lessee or

2407

grantee has not bona fide complied with the law under which he or

2408

she received his or her grant or lease, and the department is

2409

authorized and required to institute legal proceedings to vacate

2410

the same, in order to use such lands for the benefit of the

2411

public, subject to the same dispositions as other bottoms.

2412

Section 53. Section 372.995, Florida Statutes, is

2413

renumbered as section 379.233, Florida Statutes, to read:

2414

379.233 372.995 Release of balloons.--

2415

(1) The Legislature finds that the release into the

2416

atmosphere of large numbers of balloons inflated with lighter-

2417

than-air gases poses a danger and nuisance to the environment,

2418

particularly to wildlife and marine animals.

2419

(2) It is unlawful for any person, firm, or corporation to

2420

intentionally release, organize the release, or intentionally

2421

cause to be released within a 24-hour period 10 or more balloons

2422

inflated with a gas that is lighter than air except for:

2423

(a) Balloons released by a person on behalf of a

2424

governmental agency or pursuant to a governmental contract for

2425

scientific or meteorological purposes;

2426

(b) Hot air balloons that are recovered after launching;

2427

2428

(d) Balloons that are either biodegradable or

2429

photodegradable, as determined by rule of the Fish and Wildlife

2430

Conservation Commission, and which are closed by a hand-tied knot

2431

in the stem of the balloon without string, ribbon, or other

2432

attachments. In the event that any balloons are released pursuant

2433

to the exemption established in this paragraph, the party

2434

responsible for the release shall make available to any law

2435

enforcement officer evidence of the biodegradability or

2436

photodegradability of said balloons in the form of a certificate

2437

executed by the manufacturer. Failure to provide said evidence

2438

shall be prima facie evidence of a violation of this act.

2439

(3) Any person who violates subsection (2) is guilty of a

2440

noncriminal infraction, punishable by a fine of $250.

2441

(4) Any person may petition the circuit court to enjoin the

2442

release of 10 or more balloons if that person is a citizen of the

2443

county in which the balloons are to be released.

2444

Section 54. Subsection (7) of section 370.021, Florida

2445

Statutes, is renumbered as section 379.2341, Florida Statutes,

2446

and amended to read:

2447

379.2341 Publications by the commission.--

2448

(7) The commission is given authority, from time to time in

2449

its discretion, to cause the statutory laws under its

2450

jurisdiction, together with any rules promulgated by it, to be

2451

published in pamphlet form for free distribution in this state.

2452

The commission is authorized to make charges for technical and

2453

educational publications and mimeographed material of use for

2454

educational or reference purposes. Such charges shall be made at

2455

the discretion of the commission. Such charges may be sufficient

2456

to cover cost of preparation, printing, publishing, and

2457

distribution. All moneys received for publications shall be

2458

deposited into the fund from which the cost of the publication

2459

was paid. The commission is further authorized to enter into

2460

agreements with persons, firms, corporations, governmental

2461

agencies, and other institutions whereby publications may be

2462

exchanged reciprocally in lieu of payments for said publications.

2463

Section 55. Section 372.0222, Florida Statutes, is

2464

renumbered as section 379.2342, Florida Statutes, to read:

2465

379.2342 372.0222 Private publication agreements;

2466

advertising; costs of production.--

2467

(1) The Fish and Wildlife Conservation Commission may enter

2468

into agreements to secure the private publication of public

2469

information brochures, pamphlets, audiotapes, videotapes, and

2470

related materials for distribution without charge to the public

2471

and, in furtherance thereof, is authorized to:

2472

(a) Enter into agreements with private vendors for the

2473

publication or production of such public information materials,

2474

whereby the costs of publication or production will be borne in

2475

whole or in part by the vendor or the vendor shall provide

2476

additional compensation in return for the right of the vendor to

2477

select, sell, and place advertising which publicizes products or

2478

services related to and harmonious with the subject matter of the

2479

publication.

2480

(b) Retain the right, by agreement, to approve all elements

2481

of any advertising placed in such public information materials,

2482

including the form and content thereof.

2483

(2)(a) Beginning January 1, 2005, the commission, with the

2484

advice and assistance of the Florida Wildlife Magazine Advisory

2485

Council, shall publish the Florida Wildlife Magazine. The

2486

magazine shall be published at least on a quarterly basis in

2487

hard-copy format and shall be available to the public by

2488

subscription and retail distribution. The primary focus of the

2489

magazine shall be to promote the heritage of hunting and fishing

2490

in Florida. The magazine shall also disseminate information

2491

regarding other outdoor recreational opportunities available to

2492

Floridians and visitors.

2493

(b) In order to offset the cost of publication and

2494

distribution of the magazine, the commission, with the advice and

2495

assistance of the Florida Wildlife Magazine Advisory Council, is

2496

authorized to sell advertising for placement in the magazine. The

2497

commission shall have the right to approve all elements of any

2498

advertising placed in the magazine, including the form and

2499

content thereof. The magazine shall include a statement providing

2500

that the inclusion of advertising in the magazine does not

2501

constitute an endorsement by the state or the commission of the

2502

products or services so advertised. The commission may charge an

2503

annual magazine subscription fee of up to $25, a 2-year magazine

2504

subscription fee of up to $45, and a 3-year magazine subscription

2505

fee of up to $60. The commission may charge a retail per copy fee

2506

of up to $7. The provisions of chapter 287 do not apply to the

2507

sale of advertising for placement in the magazine. All revenues

2508

generated by the magazine shall be credited to the State Game

2509

Trust Fund.

2510

2511

created within the commission to advise and make recommendations

2512

to the commission regarding development, publication, and sale of

2513

the Florida Wildlife Magazine. In order to accomplish this

2514

purpose, the council shall provide recommendations to the

2515

commission regarding:

2516

1. The content of articles included in each edition of the

2517

magazine.

2518

2. Advertising proposed for each edition of the magazine.

2519

3. Strategies to improve distribution and circulation of

2520

the magazine.

2521

4. Cost-reduction measures regarding publication of the

2522

magazine.

2523

(d) The Florida Wildlife Magazine Advisory Council shall

2524

consist of seven members appointed by the commission, and initial

2525

appointments shall be made no later than August 1, 2004. When

2526

making initial appointments to the council and filling vacancies,

2527

the commission shall appoint members to represent the following

2528

interests: hunting; saltwater fishing; freshwater fishing;

2529

recreational boating; recreational use of off-road vehicles;

2530

hiking, biking, bird watching, or similar passive activities;

2531

general business interests; and magazine publishing.

2532

(e) Two of the initial appointees shall serve 2-year terms,

2533

two of the initial appointees shall serve 3-year terms, and three

2534

of the initial appointees shall serve 4-year terms. Subsequent to

2535

the expiration of the initial terms, advisory council appointees

2536

shall serve 4-year terms.

2537

(f) The members of the advisory council shall elect a chair

2538

annually.

2539

(g) The council shall meet at least quarterly at the call

2540

of its chair, at the request of a majority of its membership, or

2541

at the request of the commission. A majority of the council shall

2542

constitute a quorum for the transaction of business.

2543

(h) The commission shall provide the council with clerical,

2544

expert, technical, or other services. All expenses of the council

2545

shall be paid from appropriations made by the Legislature to the

2546

commission. All vouchers shall be approved by the executive

2547

director before submission to the Chief Financial Officer for

2548

payment.

2549

(i) Members of the council shall serve without compensation

2550

but shall receive per diem and reimbursement for travel expenses

2551

as provided in s. 112.061.

2552

(j) Advisory council members may be reappointed. Advisory

2553

council members shall serve at the pleasure of the commission.

2554

(3) Any public information materials produced pursuant to

2555

this section and containing advertising of any kind shall include

2556

a statement providing that the inclusion of advertising in such

2557

material does not constitute an endorsement by the state or

2558

commission of the products or services so advertised.

2559

(4) The Fish and Wildlife Conservation Commission may enter

2560

into agreements with private vendors for vendor advertisement for

2561

the purpose of offsetting expenses relating to license issuance,

2562

and, in furtherance thereof, is authorized to:

2563

(a) Retain the right, by agreement, to approve all elements

2564

of such advertising, including the form or content.

2565

(b) Require that any advertising of any kind contracted

2566

pursuant to this section shall include a statement providing that

2567

the advertising does not constitute an endorsement by the state

2568

or commission of the products or services to be so advertised.

2569

(5) The commission shall collect, edit, publish, and print

2570

pamphlets, papers, manuscripts, documents, books, monographs, and

2571

other materials relating to fish and wildlife conservation and

2572

may establish and impose a reasonable charge for such materials

2573

to cover costs of production and distribution in whole or part

2574

and may contract for the marketing, sale, and distribution of

2575

such publications and materials; except that no charge shall be

2576

imposed for materials designed to provide the public with

2577

essential information concerning fish and wildlife regulations

2578

and matters of public safety.

2579

(6) The commission shall provide services and information

2580

designed to inform Floridians and visitors about Florida's unique

2581

and diverse fish, game, and wildlife, and make it available by

2582

means of commonly used media. For the accomplishment of those

2583

purposes, the commission may make expenditures to:

2584

(a) Encourage and cooperate with public and private

2585

organizations or groups to publicize to residents and visitors

2586

the diversity of fish, game, and wildlife, and related recreation

2587

opportunities of the state, including the establishment of and

2588

expenditure for a program of cooperative advertising or

2589

sponsorships, or partnerships with the public and private

2590

organizations and groups in accordance with rules adopted by the

2591

commission under chapter 120.

2592

(b) Charge and collect a reasonable fee for researching or

2593

compiling information or other services which, in its judgment,

2594

should not be free to those requesting the information, research,

2595

handling, material, publication, or other services. Any amounts

2596

of money received by the commission from such sources shall be

2597

restored to the appropriations of the commission, and any

2598

unexpended funds shall be deposited into the State Game Trust

2599

Fund and made available to the commission for use in performing

2600

its duties, powers, and purposes.

2601

2602

seminars, and other meetings conducted in furtherance of the

2603

duties, powers, and purposes of the commission. Any funds

2604

collected under this paragraph which remain unexpended after the

2605

expenses of the conference, seminar, or meeting have been paid

2606

shall be deposited into the State Game Trust Fund and made

2607

available to the commission for use in performing its duties,

2608

powers, and purposes.

2609

(d) Purchase and distribute promotional items to increase

2610

public awareness regarding boating safety and other programs that

2611

promote public safety or resource conservation.

2612

(7) Notwithstanding the provisions of part I of chapter

2613

287, the commission may adopt rules for the purpose of entering

2614

into contracts that are primarily for promotional and advertising

2615

services and promotional events which may include the authority

2616

to negotiate costs with offerors of such services and commodities

2617

who have been determined to be qualified on the basis of

2618

technical merit, creative ability, and professional competency.

2619

Section 56. Section 370.1103, Florida Statutes, is

2620

renumbered as section 379.2351, Florida Statutes, to read:

2621

379.2351 370.1103 Land-based commercial and recreational

2622

fishing activities; legislative findings and purpose;

2623

definitions; legal protection; local ordinances; prohibited

2624

activity.--

2625

(1) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature

2626

finds that commercial and recreational fishing constitute

2627

activities of statewide importance and that the continuation of

2628

commercial and recreational fishing will benefit the health and

2629

welfare of the people of this state. The Legislature further

2630

finds that commercial and recreational fishing operations

2631

conducted in developing and urbanizing areas are potentially

2632

subject to curtailment as a result of local government zoning and

2633

nuisance ordinances which may unreasonably force the closure of

2634

productive commercial and recreational fishing operations. It is

2635

the purpose of this act to prevent the curtailment or abolishment

2636

of commercial and recreational fishing operations solely because

2637

the area in which they are located has changed in character or

2638

the operations are displeasing to neighboring residents.

2639

(2) DEFINITIONS.--As used in this act, "commercial fishing

2640

operation" means any type of activity conducted on land,

2641

requiring the location or storage of commercial fishing equipment

2642

such as fishing vessels, fishing gear, docks, piers, loading

2643

areas, landing areas, and cold storage facilities, including any

2644

activity necessary to prepare finfish or shellfish for

2645

refrigeration. This definition does not include operations with

2646

the sole or primary function of processing seafood.

2647

(3) LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL FISHING

2648

OPERATIONS.--No commercial or recreational fishing operation

2649

shall be declared a public or private nuisance solely because of

2650

a change in ownership or a change in the character of the

2651

property in or around the locality of the operation.

2652

(4) LOCAL ORDINANCE.--No local governing authority shall

2653

adopt any ordinance that declares any commercial or recreational

2654

fishing operation to be a nuisance solely because it is a

2655

commercial or recreational fishing operation, or any zoning

2656

ordinance that unreasonably forces the closure of any commercial

2657

or recreational fishing operation. Nothing in this act shall

2658

prevent a local government from regulating commercial and

2659

recreational fishing operations, including by requiring the use

2660

of methods, structures, or appliances where such use will

2661

prevent, ameliorate, or remove conditions which create or may

2662

create a nuisance or, pursuant to the applicable local zoning

2663

code, by declaring a commercial or recreational fishing operation

2664

to be a nonconforming use.

2665

(5) WHEN EXPANSION OF OPERATION NOT PERMITTED.--This act

2666

shall not be construed to permit an existing commercial or

2667

recreational fishing operation to change to a larger operation

2668

with regard to emitting more noise or odor, where such change

2669

violates local ordinances or regulations or creates a nuisance.

2670

Section 57. Section 370.27, Florida Statutes, is renumbered

2671

as section 379.2352, Florida Statutes, to read:

2672

379.2352 370.27 State employment; priority consideration

2673

for qualified displaced employees of the saltwater fishing

2674

industry.--All state agencies must give priority consideration to

2675

any job applicant who is able to document the loss of full-time

2676

employment in the commercial saltwater fishing industry as a

2677

result of the adoption of the constitutional amendment limiting

2678

the use of nets to harvest marine species, provided the applicant

2679

meets the minimum requirements for the position sought.

2680

Section 58. Section 370.28, Florida Statutes, is renumbered

2681

as section 379.2353, Florida Statutes, to read:

2682

379.2353 370.28 Enterprise zone designation; communities

2683

adversely impacted by net limitations.--

2684

(1) The Office of Tourism, Trade, and Economic Development

2685

is directed to identify communities suffering adverse impacts

2686

from the adoption of the constitutional amendment limiting the

2687

use of nets to harvest marine species.

2688

(2)(a) Such communities having a population of fewer than

2689

7,500 persons and such communities in rural and coastal counties

2690

with a county population of fewer than 25,000 may apply to the

2691

Office of Tourism, Trade, and Economic Development by August 15,

2692

1996, for the designation of an area as an enterprise zone. The

2693

community must comply with the requirements of s. 290.0055,

2694

except that, for a community having a total population of 7,500

2695

persons or more but fewer than 20,000 persons, the selected area

2696

may not exceed 5 square miles. Notwithstanding the provisions of

2697

s. 290.0065, limiting the total number of enterprise zones

2698

designated and the number of enterprise zones within a population

2699

category, the Office of Tourism, Trade, and Economic Development

2700

may designate an enterprise zone in eight of the identified

2701

communities. The governing body having jurisdiction over such

2702

area shall create an enterprise zone development agency pursuant

2703

to s. 290.0056 and submit a strategic plan pursuant to s.

2704

290.0057. Enterprise zones designated pursuant to this section

2705

shall be effective January 1, 1997. Any enterprise zone

2706

designated under this paragraph having an effective date on or

2707

before January 1, 2005, shall continue to exist until December

2708

31, 2005, but shall cease to exist on December 31, 2005. Any

2709

enterprise zone redesignated on or after January 1, 2006, must do

2710

so in accordance with the Florida Enterprise Zone Act.

2711

(b) Notwithstanding any provisions of this section to the

2712

contrary, communities in coastal counties with a county

2713

population greater than 20,000, which can demonstrate that the

2714

community has historically been a fishing community and has

2715

therefore had a direct adverse impact from the adoption of the

2716

constitutional amendment limiting the use of nets, shall also be

2717

eligible to apply for designation of an area as an enterprise

2718

zone. The community must comply with the requirements of s.

2719

290.0055, except s. 290.0055(3). Such communities shall apply to

2720

the Office of Tourism, Trade, and Economic Development by August

2721

15, 1996. The office may designate one enterprise zone under this

2722

paragraph, which shall be effective January 1, 1997, and which

2723

shall be in addition to the eight zones authorized under

2724

paragraph (a). Any enterprise zone designated under this

2725

paragraph having an effective date on or before January 1, 2005,

2726

shall continue to exist until December 31, 2005, but shall cease

2727

to exist on that date. Any enterprise zone redesignated on or

2728

after January 1, 2006, must do so in accordance with the Florida

2729

Enterprise Zone Act. The governing body having jurisdiction over

2730

such area shall create an enterprise zone development agency

2731

pursuant to s. 290.0056 and submit a strategic plan pursuant to

2732

s. 290.0057.

2733

(3) For the purpose of nominating and designating areas

2734

pursuant to subsection (2), the requirements set out in s.

2735

290.0058(2) shall not apply.

2736

(4) Notwithstanding the time limitations contained in

2737

chapters 212 and 220, a business eligible to receive tax credits

2738

under this section from January 1, 1997, to June 1, 1998, must

2739

submit an application for the tax credits by December 1, 1998.

2740

All other requirements of the enterprise zone program apply to

2741

such a business.

2742

Section 59. Subsection (9) of section 370.021, Florida

2743

Statutes, is renumbered as section 379.236, Florida Statutes, and

2744

amended to read:

2745

379.236 Retention, destruction, and reproduction of

2746

commission records.--

2747

(9) Records and documents of the commission created in

2748

compliance with and in the implementation of this chapter or

2749

former chapter 371 shall be retained by the commission as

2750

specified in record retention schedules established under the

2751

general provisions of chapters 119 and 257. Such records retained

2752

by the Department of Environmental Protection on July 1, 1999,

2753

shall be transferred to the commission. Further, the commission

2754

is authorized to:

2755

(1)(a) Destroy, or otherwise dispose of, those records and

2756

documents in conformity with the approved retention schedules.

2757

(2)(b) Photograph, microphotograph, or reproduce such

2758

records and documents on film, as authorized and directed by the

2759

approved retention schedules, whereby each page will be exposed

2760

in exact conformity with the original records and documents

2761

retained in compliance with the provisions of this section.

2762

Photographs or microphotographs in the form of film or print of

2763

any records, made in compliance with the provisions of this

2764

section, shall have the same force and effect as the originals

2765

thereof would have and shall be treated as originals for the

2766

purpose of their admissibility in evidence. Duly certified or

2767

authenticated reproductions of such photographs or

2768

microphotographs shall be admitted in evidence equally with the

2769

original photographs or microphotographs. The impression of the

2770

seal of the commission on a certificate made pursuant to the

2771

provisions hereof and signed by the executive director of the

2772

commission shall entitle the same to be received in evidence in

2773

all courts and in all proceedings in this state and shall be

2774

prima facie evidence of all factual matters set forth in the

2775

certificate. A certificate may relate to one or more records, as

2776

set forth in the certificate, or in a schedule continued on an

2777

attachment to the certificate.

2778

(3)(c) Furnish certified copies of such records for a fee

2779

of $1 which shall be deposited in the Marine Resources

2780

Conservation Trust Fund.

2781

Section 60. Subsection (10) of section 370.021, Florida

2782

Statutes, renumbered as section 379.237, Florida Statutes, and

2783

amended to read:

2784

379.237 Courts of equity may enjoin.--

2785

(10) COURTS OF EQUITY MAY ENJOIN.--Courts of equity in this

2786

state have jurisdiction to enforce the conservation laws of this

2787

state by injunction.

2788

Section 61. Part II of chapter 379, Florida Statutes,

2789

consisting of sections 379.2401, 379.2402, 379.2411, 379.2412,

2790

379.2413, 379.2421, 379.2422, 379.2423, 379.2424, 379.2425,

2791

379.2431, 379.2432, 379.2433, 379.244, 379.245, 379.246, 379.247,

2792

379.248, 379.249, 379.25, 379.2511, 379.2512, 379.2521, 379.2522,

2793

379.2523, 379.2524, and 379.2525, is created to read:

2794

PART II

2795

MARINE LIFE

2796

2797

Section 62. Section 370.025, Florida Statutes, is

2798

renumbered as section 379.2401, Florida Statutes, to read:

2799

379.2401 370.025 Marine fisheries; policy and standards.--

2800

(1) The Legislature hereby declares the policy of the state

2801

to be management and preservation of its renewable marine fishery

2802

resources, based upon the best available information, emphasizing

2803

protection and enhancement of the marine and estuarine

2804

environment in such a manner as to provide for optimum sustained

2805

benefits and use to all the people of this state for present and

2806

future generations.

2807

(2) The commission is instructed to make recommendations

2808

annually to the Governor and the Legislature regarding marine

2809

fisheries research priorities and funding. All administrative and

2810

enforcement responsibilities which are unaffected by the specific

2811

provisions of this act are the responsibility of the commission.

2812

(3) All rules relating to saltwater fisheries adopted by

2813

the commission shall be consistent with the following standards:

2814

(a) The paramount concern of conservation and management

2815

measures shall be the continuing health and abundance of the

2816

marine fisheries resources of this state.

2817

(b) Conservation and management measures shall be based

2818

upon the best information available, including biological,

2819

sociological, economic, and other information deemed relevant by

2820

the commission.

2821

2822

reasonable means and quantities of annual harvest, consistent

2823

with maximum practicable sustainable stock abundance on a

2824

continuing basis.

2825

(d) When possible and practicable, stocks of fish shall be

2826

managed as a biological unit.

2827

(e) Conservation and management measures shall assure

2828

proper quality control of marine resources that enter commerce.

2829

(f) State marine fishery management plans shall be

2830

developed to implement management of important marine fishery

2831

resources.

2832

(g) Conservation and management decisions shall be fair and

2833

equitable to all the people of this state and carried out in such

2834

a manner that no individual, corporation, or entity acquires an

2835

excessive share of such privileges.

2836

(h) Federal fishery management plans and fishery management

2837

plans of other states or interstate commissions should be

2838

considered when developing state marine fishery management plans.

2839

Inconsistencies should be avoided unless it is determined that it

2840

is in the best interest of the fisheries or residents of this

2841

state to be inconsistent.

2842

Section 63. Section 370.0607, Florida Statutes, is

2843

renumbered as section 379.2402, Florida Statutes, to read:

2844

379.2402 370.0607 Marine information system.--The Fish and

2845

Wildlife Conservation Commission shall establish by rule a marine

2846

information system in conjunction with the licensing program to

2847

gather marine fisheries data.

2848

Section 64. Section 370.101, Florida Statutes, is

2849

renumbered as section 379.2411, Florida Statutes, and amended to

2850

read:

2851

379.2411 370.101 Saltwater fish; regulations.--

2852

(1) The Fish and Wildlife Conservation Commission is

2853

authorized to establish weight equivalencies when minimum lengths

2854

of saltwater fish are established by law, in those cases where

2855

the fish are artificially cultivated.

2856

(2) A special activity license may be issued by the

2857

commission pursuant to s. 379.361 370.06 for catching and

2858

possession of fish protected by law after it has first

2859

established that such protected specimens are to be used as stock

2860

for artificial cultivation.

2861

(3) A permit may not be issued pursuant to subsection (2)

2862

until the commission determines that the artificial cultivation

2863

activity complies with the provisions of ss. 253.67-253.75 and

2864

any other specific provisions contained within this chapter

2865

regarding leases, licenses, or permits for maricultural

2866

activities of each saltwater fish, so that the public interest in

2867

such fish stocks is fully protected.

2868

Section 65. Section 370.102, Florida Statutes, is

2869

renumbered as section 379.2412, Florida Statutes, and amended to

2870

read:

2871

379.2412 370.102 State preemption of power to

2872

regulate.--The power to regulate the taking or possession of

2873

saltwater fish, as defined in s. 379.101 370.01, is expressly

2874

reserved to the state. This section does not prohibit a local

2875

government from prohibiting, for reasons of protecting the public

2876

health, safety, or welfare, saltwater fishing from real property

2877

owned by that local government.

2878

Section 66. Section 370.11, Florida Statutes, is renumbered

2879

as section 379.2413, Florida Statutes, and amended to read:

2880

379.2413 Catching food fish for the purposes of making oil

2881

370.11 Fish; regulation.--

2882

(1) CATCHING FOOD FISH FOR PURPOSES OF MAKING OIL

2883

PROHIBITED.--No person shall take any food fish from the waters

2884

under the jurisdiction of the state, for the purpose of making

2885

oil, fertilizer or compost therefrom. Purse seines may be used,

2886

for the taking of nonfood fish for the purpose of making oil,

2887

fertilizer or compost.

2888

(2) REGULATION; FISH; TARPON, ETC.--No person may sell,

2889

offer for sale, barter, exchange for merchandise, transport for

2890

sale, either within or without the state, offer to purchase or

2891

purchase any species of fish known as tarpon (Tarpon atlanticus)

2892

provided, however, any one person may carry out of the state as

2893

personal baggage or transport within or out of the state not more

2894

than two tarpon if they are not being transported for sale. The

2895

possession of more than two tarpon by any one person is unlawful;

2896

provided, however, any person may catch an unlimited number of

2897

tarpon if they are immediately returned uninjured to the water

2898

and released where the same are caught. No common carrier in the

2899

state shall knowingly receive for transportation or transport,

2900

within or without the state, from any one person for shipment

2901

more than two tarpon, except as hereinafter provided. It is

2902

expressly provided that any lawful established taxidermist, in

2903

the conduct of taxidermy, may be permitted to move or transport

2904

any reasonable number of tarpon at any time and in any manner he

2905

or she may desire, as specimens for mounting; provided, however,

2906

satisfactory individual ownership of the fish so moved or

2907

transported can be established by such taxidermist at any time

2908

upon demand. Common carriers shall accept for shipment tarpon

2909

from a taxidermist when statement of individual ownership

2910

involved accompanies bill of lading or other papers controlling

2911

the shipment. The Fish and Wildlife Conservation Commission may,

2912

in its discretion, upon application issue permits for the taking

2913

and transporting of tarpon for scientific purposes.

2914

Section 67. Section 370.08, Florida Statutes, is renumbered

2915

as section 379.2421, Florida Statutes, and amended to read:

2916

379.2421 370.08 Fishers and equipment; regulation.--

2917

(1) ILLEGAL POSSESSION OF SEINES AND NETS.--No person may

2918

have in his or her custody or possession in any county of this

2919

state any fishing seine or net, the use of which for fishing

2920

purposes in such county is prohibited by law. Such possession

2921

shall be evidence of a violation of this subsection by both the

2922

owner thereof and the person using or possessing said net. The

2923

provisions of this subsection shall not apply to shrimp nets, to

2924

pound nets or purse nets when used in taking menhaden fish, to

2925

seines used exclusively for taking herring, or to legal beach

2926

seines used in the open gulf or Atlantic Ocean if the possession

2927

of such nets is not prohibited in the county where found.

2928

(2) STOP NETTING DEFINED; PROHIBITION.--

2929

(a) It is unlawful for any person to obstruct any river,

2930

creek, canal, pass, bayou or other waterway in this state by

2931

placing or setting therein any screen, net, seine, rack, wire or

2932

other device, or to use, set, or place any net or seine or

2933

similar device of any kind, either singularly or in rotation or

2934

one behind another in any manner whatsoever so as to prevent the

2935

free passage of fish.

2936

(b) It is unlawful for any person, while fishing or

2937

attempting to fish for shrimp or saltwater fish, to attach or

2938

otherwise secure a frame net, trawl net, trap net, or similar

2939

device to any state road bridge or associated structure situated

2940

over any saltwater body or to use more than one such net or

2941

device while fishing from such bridge or structure. For the

2942

purposes of this paragraph, a "frame net" is any net similar to a

2943

hoop net, the mouth of which is held open by a frame, with a

2944

trailing mesh net, of any size. Cast nets, dip nets, and similar

2945

devices are specifically excluded from the operation of this

2946

paragraph.

2947

(3) USE OF PURSE SEINES, GILL NETS, POUND NETS, ETC.--No

2948

person may take food fish within or without the waters of this

2949

state with a purse seine, purse gill net, or other net using

2950

rings or other devices on the lead line thereof, through which a

2951

purse line is drawn, or pound net, or have any food fish so taken

2952

in his or her possession for sale or shipment. The provisions of

2953

this section shall not apply to shrimp nets or to pound nets or

2954

purse seines when used for the taking of tuna or menhaden fish

2955

only.

2956

(4) RETURN OF FISH TO WATER.--All persons taking food fish

2957

from any of the waters of this state by use of seines, nets, or

2958

other fishing devices and not using any of such fish because of

2959

size or other reasons shall immediately release and return such

2960

fish alive to the water from which taken and no such fish may be

2961

placed or deposited on any bank, shore, beach or other place out

2962

of the water.

2963

(5) THROWING EXPLOSIVES OR USE OF FIREARMS IN WATER FOR

2964

PURPOSE OF KILLING FOOD FISH PROHIBITED.--No person may throw or

2965

cause to be thrown, into any of the waters of this state, any

2966

dynamite, lime, other explosives or discharge any firearms

2967

whatsoever for the purpose of killing food fish therein. The

2968

landing ashore or possession on the water by any person of any

2969

food fish that has been damaged by explosives or the landing of

2970

headless jewfish or grouper, if the grouper is taken for

2971

commercial use, is prima facie evidence of violation of this

2972

section.

2973

(5)(6) SEINES, POCKET BUNTS.--In any counties where seines

2974

are not prohibited on the open gulf or Atlantic Ocean, such

2975

seines may have a pocket bunt on the middle of the seine of a

2976

mesh size less than that provided by law.

2977

(6)(7) ILLEGAL USE OF POISONS, DRUGS, OR CHEMICALS.--

2978

(a) It is unlawful for any person to place poisons, drugs,

2979

or other chemicals in the marine waters of this state unless that

2980

person has first obtained a special activity license for such use

2981

pursuant to s. 370.06 from the Fish and Wildlife Conservation

2982

Commission.

2983

(b) Upon application on forms furnished by the commission,

2984

the commission may issue a license to use poisons, drugs, or

2985

other chemicals in the marine waters of this state for the

2986

purpose of capturing live marine species. The application and

2987

license shall specify the area in which collecting will be done;

2988

the drugs, chemicals, or poisons to be used; and the maximum

2989

amounts and concentrations at each sampling.

2990

(7)(8) PENALTIES.--A commercial harvester who violates this

2991

section shall be punished under s. 379.407 370.021. Any other

2992

person who violates this section commits a Level Two violation

2993

under s. 379.401 372.83.

2994

Section 68. Section 370.093, Florida Statutes, is

2995

renumbered as section 379.2422, Florida Statutes, and amended to

2996

read:

2997

379.2422 370.093 Illegal use of nets.--

2998

(1) It is unlawful to take or harvest, or to attempt to

2999

take or harvest, any marine life in Florida waters with any net

3000

that is not consistent with the provisions of s. 16, Art. X of

3001

the State Constitution.

3002

(2)(a) Beginning July 1, 1998, it is also unlawful to take

3003

or harvest, or to attempt to take or harvest, any marine life in

3004

Florida waters with any net, as defined in subsection (3) and any

3005

attachments to such net, that combined are larger than 500 square

3006

feet and have not been expressly authorized for such use by rule

3007

of the Fish and Wildlife Conservation Commission. The use of

3008

currently legal shrimp trawls and purse seines outside nearshore

3009

and inshore Florida waters shall continue to be legal until the

3010

commission implements rules regulating those types of gear.

3011

(b) The use of gill or entangling nets of any size is

3012

prohibited, as such nets are defined in s. 16, Art. X of the

3013

State Constitution. Any net constructed wholly or partially of

3014

monofilament or multistrand monofilament material, other than a

3015

hand thrown cast net, or a handheld landing or dip net, shall be

3016

considered to be an entangling net within the prohibition of s.

3017

16, Art. X of the State Constitution unless specifically

3018

authorized by rule of the commission. Multistrand monofilament

3019

material shall not be defined to include nets constructed of

3020

braided or twisted nylon, cotton, linen twine, or polypropylene

3021

twine.

3022

3023

aquaculture activities licenses issued pursuant to s. 379.2523

3024

370.26.

3025

(3) As used in s. 16, Art. X of the State Constitution and

3026

this subsection, the term "net" or "netting" must be broadly

3027

construed to include all manner or combination of mesh or webbing

3028

or any other solid or semisolid fabric or other material used to

3029

comprise a device that is used to take or harvest marine life.

3030

(4) Upon the arrest of any person for violation of this

3031

subsection, the arresting officer shall seize the nets illegally

3032

used. Upon conviction of the offender, the arresting authority

3033

shall destroy the nets.

3034

(5) Any person who violates this section shall be punished

3035

as provided in s. 379.407(3) 370.021(3).

3036

(6) The Fish and Wildlife Conservation Commission is

3037

granted authority to adopt rules pursuant to s. 379.2401 370.025

3038

implementing this section and the prohibitions and restrictions

3039

of s. 16, Art. X of the State Constitution.

3040

Section 69. Section 370.092, Florida Statutes, is

3041

renumbered as section 379.2423, Florida Statutes, and amended to

3042

read:

3043

379.2423 370.092 Carriage of proscribed nets across Florida

3044

waters.--

3045

(1) This section applies to all vessels containing or

3046

otherwise transporting in or on Florida waters any gill net or

3047

other entangling net and to all vessels containing or otherwise

3048

transporting in or on Florida waters any net containing more than

3049

500 square feet of mesh area the use of which is restricted or

3050

prohibited by s. 16, Art. X of the State Constitution. This

3051

section does not apply to vessels containing or otherwise

3052

transporting in or on Florida waters dry nets which are rolled,

3053

folded, or otherwise properly stowed in sealed containers so as

3054

to make their immediate use as fishing implements impracticable.

3055

(2) Every vessel containing or otherwise transporting in or

3056

on Florida waters any gill net or other entangling net and every

3057

vessel containing or otherwise transporting in or on nearshore

3058

and inshore Florida waters any net containing more than 500

3059

square feet of mesh area shall proceed as directly, continuously,

3060

and expeditiously as possible from the place where the vessel is

3061

regularly docked, moored, or otherwise stored to waters where the

3062

use of said nets is lawful and from waters where the use of said

3063

nets is lawful back to the place where the vessel is regularly

3064

docked, moored, or otherwise stored or back to the licensed

3065

wholesale dealer where the catch is to be sold. Exceptions shall

3066

be provided for docked vessels, for vessels which utilize nets in

3067

a licensed aquaculture operation, and for vessels containing

3068

trawl nets as long as the trawl's doors or frame are not deployed

3069

in the water. Otherwise, hovering, drifting, and other similar

3070

activities inconsistent with the direct, continuous, and

3071

expeditious transit of such vessels shall be evidence of the

3072

unlawful use of such nets. The presence of fish in such a net is

3073

not evidence of the unlawful use of the net if the vessel is

3074

otherwise in compliance with this section.

3075

(3) Notwithstanding subsections (1) and (2), unless

3076

authorized by rule of the Fish and Wildlife Conservation

3077

Commission, it is a major violation under this section,

3078

punishable as provided in s. 379.407(3) 370.021(3), for any

3079

person, firm, or corporation to possess any gill or entangling

3080

net, or any seine net larger than 500 square feet in mesh area,

3081

on any airboat or on any other vessel less than 22 feet in length

3082

and on any vessel less than 25 feet if primary power of the

3083

vessel is mounted forward of the vessel center point. Gill or

3084

entangling nets shall be as defined in s. 16, Art. X of the State

3085

Constitution, s. 379.2422(2)(b) 370.093(2)(b), or in a rule of

3086

the Fish and Wildlife Conservation Commission implementing s. 16,

3087

Art. X of the State Constitution. Vessel length shall be

3088

determined in accordance with current United States Coast Guard

3089

regulations specified in the Code of Federal Regulations or as

3090

titled by the State of Florida. The Marine Fisheries Commission

3091

is directed to initiate by July 1, 1998, rulemaking to adjust by

3092

rule the use of gear on vessels longer than 22 feet where the

3093

primary power of the vessel is mounted forward of the vessel

3094

center point in order to prevent the illegal use of gill and

3095

entangling nets in state waters and to provide reasonable

3096

opportunities for the use of legal net gear in adjacent federal

3097

waters.

3098

(4) The Fish and Wildlife Conservation Commission shall

3099

adopt rules to prohibit the possession and sale of mullet taken

3100

in illegal gill or entangling nets. Violations of such rules

3101

shall be punishable as provided in s. 379.407(3) 370.021(3).

3102

(5) The commission has authority to adopt rules pursuant to

3103

ss. 120.536(1) and 120.54 to implement the provisions of this

3104

section.

3105

Section 70. Subsection (1) of section 370.143, Florida

3106

Statutes, is renumbered as section 379.2424, Florida Statutes,

3107

and amended to read:

3108

379.2424 Retrieval of spiny lobster, stone crab, blue crab,

3109

and black sea bass traps during closed season; commission

3110

authority.--

3111

(1) The Fish and Wildlife Conservation Commission is

3112

authorized to implement a trap retrieval program for retrieval of

3113

spiny lobster, stone crab, blue crab, and black sea bass traps

3114

remaining in the water during the closed season for each species.

3115

The commission is authorized to contract with outside agents for

3116

the program operation.

3117

Section 71. Section 370.172, Florida Statutes, is

3118

renumbered as section 379.2425, Florida Statutes, to read:

3119

379.2425 370.172 Spearfishing; definition; limitations;

3120

penalty.--

3121

(1) For the purposes of this section, "spearfishing" means

3122

the taking of any saltwater fish through the instrumentality of a

3123

spear, gig, or lance operated by a person swimming at or below

3124

the surface of the water.

3125

(2)(a) Spearfishing is prohibited within the boundaries of

3126

the John Pennekamp Coral Reef State Park, the waters of Collier

3127

County, and the area in Monroe County known as Upper Keys, which

3128

includes all salt waters under the jurisdiction of the Fish and

3129

Wildlife Conservation Commission beginning at the county line

3130

between Dade and Monroe Counties and running south, including all

3131

of the keys down to and including Long Key.

3132

(b) For the purposes of this subsection, the possession in

3133

the water of a spear, gig, or lance by a person swimming at or

3134

below the surface of the water in a prohibited area is prima

3135

facie evidence of a violation of the provisions of this

3136

subsection regarding spearfishing.

3137

(3) The Fish and Wildlife Conservation Commission shall

3138

have the power to establish restricted areas when it is

3139

determined that safety hazards exist or when needs are determined

3140

by biological findings. Restricted areas shall be established

3141

only after an investigation has been conducted and upon

3142

application by the governing body of the county or municipality

3143

in which the restricted areas are to be located and one

3144

publication in a local newspaper of general circulation in said

3145

county or municipality in addition to any other notice required

3146

by law. Prior to promulgation of regulations, the local governing

3147

body of the area affected shall agree to post and maintain

3148

notices in the area affected.

3149

Section 72. Section 370.12, Florida Statutes, is renumbered

3150

as section 379.2431, Florida Statutes, and amended to read:

3151

379.2431 370.12 Marine animals; regulation.--

3152

(1) PROTECTION OF MARINE TURTLES.--

3153

(a) This subsection may be cited as the "Marine Turtle

3154

Protection Act."

3155

(b) The Legislature intends, pursuant to the provisions of

3156

this subsection, to ensure that the Fish and Wildlife

3157

Conservation Commission has the appropriate authority and

3158

resources to implement its responsibilities under the recovery

3159

plans of the United States Fish and Wildlife Service for the

3160

following species of marine turtle:

3161

1. Atlantic loggerhead turtle (Caretta caretta).

3162

2. Atlantic green turtle (Chelonia mydas).

3163

3. Leatherback turtle (Dermochelys coriacea).

3164

4. Atlantic hawksbill turtle (Eretmochelys imbricata).

3165

5. Atlantic ridley turtle (Lepidochelys kempi).

3166

3167

the following meanings:

3168

1. A "properly accredited person" is:

3169

a. Students of colleges or universities whose studies with

3170

saltwater animals are under the direction of their teacher or

3171

professor; or

3172

b. Scientific or technical faculty of public or private

3173

colleges or universities; or

3174

c. Scientific or technical employees of private research

3175

institutions and consulting firms; or

3176

d. Scientific or technical employees of city, county,

3177

state, or federal research or regulatory agencies; or

3178

e. Members in good standing or recognized and properly

3179

chartered conservation organizations, the Audubon Society, or the

3180

Sierra Club; or

3181

f. Persons affiliated with aquarium facilities or museums,

3182

or contracted as an agent therefor, which are open to the public

3183

with or without an admission fee; or

3184

g. Persons without specific affiliations listed above, but

3185

who are recognized by the commission for their contributions to

3186

marine conservation such as scientific or technical publications,

3187

or through a history of cooperation with the commission in

3188

conservation programs such as turtle nesting surveys, or through

3189

advanced educational programs such as high school marine science

3190

centers.

3191

2. "Take" means an act that actually kills or injures

3192

marine turtles, and includes significant habitat modification or

3193

degradation that kills or injures marine turtles by significantly

3194

impairing essential behavioral patterns, such as breeding,

3195

feeding, or sheltering.

3196

(d) Except as authorized in this paragraph, or unless

3197

otherwise provided by the Federal Endangered Species Act or its

3198

implementing regulations, a person, firm, or corporation may not:

3199

1. Knowingly possess the eggs of any marine turtle species

3200

described in this subsection.

3201

2. Knowingly take, disturb, mutilate, destroy, cause to be

3202

destroyed, transfer, sell, offer to sell, molest, or harass any

3203

marine turtles or the eggs or nest of any marine turtles

3204

described in this subsection.

3205

3. The commission may issue a special permit or loan

3206

agreement to any person, firm, or corporation, to enable the

3207

holder to possess a marine turtle or parts thereof, including

3208

nests, eggs, or hatchlings, for scientific, education, or

3209

exhibition purposes, or for conservation activities such as the

3210

relocation of nests, eggs, or marine turtles away from

3211

construction sites. Notwithstanding other provisions of law, the

3212

commission may issue such special permit or loan agreement to any

3213

properly accredited person as defined in paragraph (c) for the

3214

purposes of marine turtle conservation.

3215

4. The commission shall have the authority to adopt rules

3216

pursuant to chapter 120 to prescribe terms, conditions, and

3217

restrictions for marine turtle conservation, and to permit the

3218

possession of marine turtles or parts thereof.

3219

(e)1. Any person, firm, or corporation that commits any act

3220

prohibited in paragraph (d) involving any egg of any marine

3221

turtle species described in this subsection shall pay a penalty

3222

of $100 per egg in addition to other penalties provided in this

3223

paragraph.

3224

2. Any person, firm, or corporation that illegally

3225

possesses 11 or fewer of any eggs of any marine turtle species

3226

described in this subsection commits a first degree misdemeanor,

3227

punishable as provided in ss. 775.082 and 775.083.

3228

3. For a second or subsequent violation of subparagraph 2.,

3229

any person, firm, or corporation that illegally possesses 11 or

3230

fewer of any eggs of any marine turtle species described in this

3231

subsection commits a third degree felony, punishable as provided

3232

in s. 775.082, s. 775.083, or s. 775.084.

3233

4. Any person, firm, or corporation that illegally

3234

possesses more than 11 of any eggs of any marine turtle species

3235

described in this subsection commits a third degree felony,

3236

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3237

5. Any person, firm, or corporation that illegally takes,

3238

disturbs, mutilates, destroys, causes to be destroyed, transfers,

3239

sells, offers to sell, molests, or harasses any marine turtle

3240

species, or the eggs or nest of any marine turtle species as

3241

described in this subsection, commits a third degree felony,

3242

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3243

6. Notwithstanding s. 777.04, any person, firm, or

3244

corporation that solicits or conspires with another person, firm,

3245

or corporation, to commit an act prohibited by this subsection

3246

commits a felony of the third degree, punishable as provided in

3247

s. 775.082, s. 775.083, or s. 775.084.

3248

7. The proceeds from the penalties assessed pursuant to

3249

this paragraph shall be deposited into the Marine Resources

3250

Conservation Trust Fund.

3251

(f) Any application for a Department of Environmental

3252

Protection permit or other type of approval for an activity that

3253

affects marine turtles or their nests or habitat shall be subject

3254

to conditions and requirements for marine turtle protection as

3255

part of the permitting or approval process.

3256

(g) The Department of Environmental Protection may

3257

condition the nature, timing, and sequence of construction of

3258

permitted activities to provide protection to nesting marine

3259

turtles and hatchlings and their habitat pursuant to the

3260

provisions of s. 161.053(5). When the department is considering a

3261

permit for a beach restoration, beach renourishment, or inlet

3262

sand transfer project and the applicant has had an active marine

3263

turtle nest relocation program or the applicant has agreed to and

3264

has the ability to administer a program, the department must not

3265

restrict the timing of the project. Where appropriate, the

3266

department, in accordance with the applicable rules of the Fish

3267

and Wildlife Conservation Commission, shall require as a

3268

condition of the permit that the applicant relocate and monitor

3269

all turtle nests that would be affected by the beach restoration,

3270

beach renourishment, or sand transfer activities. Such relocation

3271

and monitoring activities shall be conducted in a manner that

3272

ensures successful hatching. This limitation on the department's

3273

authority applies only on the Atlantic coast of Florida.

3274

(h) The department shall recommend denial of a permit

3275

application if the activity would result in a "take" as defined

3276

in this subsection, unless, as provided for in the federal

3277

Endangered Species Act and its implementing regulations, such

3278

taking is incidental to, and not the purpose of, the carrying out

3279

of an otherwise lawful activity.

3280

(i) The department shall give special consideration to

3281

beach preservation and beach nourishment projects that restore

3282

habitat of endangered marine turtle species. Nest relocation

3283

shall be considered for all such projects in urbanized areas.

3284

When an applicant for a beach restoration, beach renourishment,

3285

or inlet sand transfer project has had an active marine turtle

3286

nest relocation program or the applicant has agreed to have and

3287

has the ability to administer a program, the department in

3288

issuing a permit for a project must not restrict the timing of

3289

the project. Where appropriate, the department, in accordance

3290

with the applicable rules of the Fish and Wildlife Conservation

3291

Commission, shall require as a condition of the permit that the

3292

applicant relocate and monitor all turtle nests that would be

3293

affected by the beach restoration, beach renourishment, or sand

3294

transfer activities. Such relocation and monitoring activities

3295

shall be conducted in a manner that ensures successful hatching.

3296

This limitation on the department's authority applies only on the

3297

Atlantic coast of Florida.

3298

(2) PROTECTION OF MANATEES OR SEA COWS.--

3299

(a) This subsection shall be known and may be cited as the

3300

"Florida Manatee Sanctuary Act."

3301

(b) The State of Florida is hereby declared to be a refuge

3302

and sanctuary for the manatee, the "Florida state marine mammal."

3303

The protections extended to and authorized on behalf of the

3304

manatee by this act are independent of, and therefore are not

3305

contingent upon, its status as a state or federal listed species.

3306

3307

is satisfied that the interest of science will be subserved, and

3308

that the application for a permit to possess a manatee or sea cow

3309

(Trichechus manatus) is for a scientific or propagational purpose

3310

and should be granted, and after concurrence by the United States

3311

Department of the Interior, the commission may grant to any

3312

person making such application a special permit to possess a

3313

manatee or sea cow, which permit shall specify the exact number

3314

which shall be maintained in captivity.

3315

(d) Except as may be authorized by the terms of a valid

3316

state permit issued pursuant to paragraph (c) or by the terms of

3317

a valid federal permit, it is unlawful for any person at any

3318

time, by any means, or in any manner intentionally or negligently

3319

to annoy, molest, harass, or disturb or attempt to molest,

3320

harass, or disturb any manatee; injure or harm or attempt to

3321

injure or harm any manatee; capture or collect or attempt to

3322

capture or collect any manatee; pursue, hunt, wound, or kill or

3323

attempt to pursue, hunt, wound, or kill any manatee; or possess,

3324

literally or constructively, any manatee or any part of any

3325

manatee.

3326

(e) Any gun, net, trap, spear, harpoon, boat of any kind,

3327

aircraft, automobile of any kind, other motorized vehicle,

3328

chemical, explosive, electrical equipment, scuba or other

3329

subaquatic gear, or other instrument, device, or apparatus of any

3330

kind or description used in violation of any provision of

3331

paragraph (d) may be forfeited upon conviction. The foregoing

3332

provisions relating to seizure and forfeiture of vehicles,

3333

vessels, equipment, or supplies do not apply when such vehicles,

3334

vessels, equipment, or supplies are owned by, or titled in the

3335

name of, innocent parties; and such provisions shall not vitiate

3336

any valid lien, retain title contract, or chattel mortgage on

3337

such vehicles, vessels, equipment, or supplies if such lien,

3338

retain title contract, or chattel mortgage is property of public

3339

record at the time of the seizure.

3340

(f)1. Except for emergency rules adopted under s. 120.54,

3341

all proposed rules of the commission for which a notice of

3342

intended agency action is filed proposing to govern the speed and

3343

operation of motorboats for purposes of manatee protection shall

3344

be submitted to the counties in which the proposed rules will

3345

take effect for review by local rule review committees.

3346

2. No less than 60 days prior to filing a notice of rule

3347

development in the Florida Administrative Weekly, as provided in

3348

s. 120.54(3)(a), the commission shall notify the counties for

3349

which a rule to regulate the speed and operation of motorboats

3350

for the protection of manatees is proposed. A county so notified

3351

shall establish a rule review committee or several counties may

3352

combine rule review committees.

3353

3. The county commission of each county in which a rule to

3354

regulate the speed and operation of motorboats for the protection

3355

of manatees is proposed shall designate a rule review committee.

3356

The designated voting membership of the rule review committee

3357

must be comprised of waterway users, such as fishers, boaters,

3358

water skiers, other waterway users, as compared to the number of

3359

manatee and other environmental advocates. A county commission

3360

may designate an existing advisory group as the rule review

3361

committee. With regard to each committee, fifty percent of the

3362

voting members shall be manatee advocates and other environmental

3363

advocates, and fifty percent of the voting members shall be

3364

waterway users.

3365

4. The county shall invite other state, federal, county,

3366

municipal, or local agency representatives to participate as

3367

nonvoting members of the local rule review committee.

3368

5. The county shall provide logistical and administrative

3369

staff support to the local rule review committee and may request

3370

technical assistance from commission staff.

3371

6. Each local rule review committee shall elect a chair and

3372

recording secretary from among its voting members.

3373

7. Commission staff shall submit the proposed rule and

3374

supporting data used to develop the rule to the local rule review

3375

committees.

3376

8. The local rule review committees shall have 60 days from

3377

the date of receipt of the proposed rule to submit a written

3378

report to commission members and staff. The local rule review

3379

committees may use supporting data supplied by the commission, as

3380

well as public testimony which may be collected by the committee,

3381

to develop the written report. The report may contain recommended

3382

changes to proposed manatee protection zones or speed zones,

3383

including a recommendation that no rule be adopted, if that is

3384

the decision of the committee.

3385

9. Prior to filing a notice of proposed rulemaking in the

3386

Florida Administrative Weekly as provided in s. 120.54(3)(a), the

3387

commission staff shall provide a written response to the local

3388

rule review committee reports to the appropriate counties, to the

3389

commission members, and to the public upon request.

3390

10. In conducting a review of the proposed manatee

3391

protection rule, the local rule review committees may address

3392

such factors as whether the best available scientific information

3393

supports the proposed rule, whether seasonal zones are warranted,

3394

and such other factors as may be necessary to balance manatee

3395

protection and public access to and use of the waters being

3396

regulated under the proposed rule.

3397

11. The written reports submitted by the local rule review

3398

committees shall contain a majority opinion. If the majority

3399

opinion is not unanimous, a minority opinion shall also be

3400

included.

3401

12. The members of the commission shall fully consider any

3402

timely submitted written report submitted by a local rule review

3403

committee prior to authorizing commission staff to move forward

3404

with proposed rulemaking and shall fully consider any timely

3405

submitted subsequent reports of the committee prior to adoption

3406

of a final rule. The written reports of the local rule review

3407

committees and the written responses of the commission staff

3408

shall be part of the rulemaking record and may be submitted as

3409

evidence regarding the committee's recommendations in any

3410

proceeding relating to a rule proposed or adopted pursuant to

3411

this subsection.

3412

13. The commission is relieved of any obligations regarding

3413

the local rule review committee process created in this paragraph

3414

if a timely noticed county commission fails to timely designate

3415

the required rule review committee.

3416

(g) In order to protect manatees or sea cows from harmful

3417

collisions with motorboats or from harassment, the Fish and

3418

Wildlife Conservation Commission is authorized, in addition to

3419

all other authority, to provide a permitting agency with comments

3420

regarding the expansion of existing, or the construction of new,

3421

marine facilities and mooring or docking slips, by the addition

3422

or construction of five or more powerboat slips. The commission

3423

shall adopt rules under chapter 120 regulating the operation and

3424

speed of motorboat traffic only where manatee sightings are

3425

frequent and the best available scientific information, as well

3426

as other available, relevant, and reliable information, which may

3427

include but is not limited to, manatee surveys, observations,

3428

available studies of food sources, and water depths, supports the

3429

conclusions that manatees inhabit these areas on a regular basis:

3430

1. In Lee County: the entire Orange River, including the

3431

Tice Florida Power and Light Corporation discharge canal and

3432

adjoining waters of the Caloosahatchee River within 1 mile of the

3433

confluence of the Orange and Caloosahatchee Rivers.

3434

2. In Brevard County: those portions of the Indian River

3435

within three-fourths of a mile of the Orlando Utilities

3436

Commission Delespine power plant effluent and the Florida Power

3437

and Light Frontenac power plant effluents.

3438

3. In Indian River County: the discharge canals of the Vero

3439

Beach Municipal Power Plant and connecting waters within 11/4

3440

miles thereof.

3441

4. In St. Lucie County: the discharge of the Henry D. King

3442

Municipal Electric Station and connecting waters within 1 mile

3443

thereof.

3444

5. In Palm Beach County: the discharges of the Florida

3445

Power and Light Riviera Beach power plant and connecting waters

3446

within 11/2 miles thereof.

3447

6. In Broward County: the discharge canal of the Florida

3448

Power and Light Port Everglades power plant and connecting waters

3449

within 11/2 miles thereof and the discharge canal of the Florida

3450

Power and Light Fort Lauderdale power plant and connecting waters

3451

within 2 miles thereof. For purposes of ensuring the physical

3452

safety of boaters in a sometimes turbulent area, the area from

3453

the easternmost edge of the authorized navigation project of the

3454

intracoastal waterway east through the Port Everglades Inlet is

3455

excluded from this regulatory zone.

3456

7. In Citrus County: headwaters of the Crystal River,

3457

commonly referred to as King's Bay, and the Homosassa River.

3458

8. In Volusia County: Blue Springs Run and connecting

3459

waters of the St. Johns River within 1 mile of the confluence of

3460

Blue Springs and the St. Johns River; and Thompson Creek,

3461

Strickland Creek, Dodson Creek, and the Tomoka River.

3462

9. In Hillsborough County: that portion of the Alafia River

3463

from the main shipping channel in Tampa Bay to U.S. Highway 41.

3464

10. In Sarasota County: the Venice Inlet and connecting

3465

waters within 1 mile thereof, including Lyons Bay, Donna Bay,

3466

Roberts Bay, and Hatchett Creek, excluding the waters of the

3467

intracoastal waterway and the right-of-way bordering the

3468

centerline of the intracoastal waterway.

3469

11. In Collier County: within the Port of Islands, within

3470

section 9, township 52 south, range 28 east, and certain

3471

unsurveyed lands, all east-west canals and the north-south canals

3472

to the southerly extent of the intersecting east-west canals

3473

which lie southerly of the centerline of U.S. Highway 41.

3474

12. In Manatee County: that portion of the Manatee River

3475

east of the west line of section 17, range 19 east, township 34

3476

south; the Braden River south of the north line and east of the

3477

west line of section 29, range 18 east, township 34 south; Terra

3478

Ceia Bay and River, east of the west line of sections 26 and 35

3479

of range 17 east, township 33 south, and east of the west line of

3480

section 2, range 17 east, township 34 south; and Bishop Harbor

3481

east of the west line of section 13, range 17 east, township 33

3482

south.

3483

13. In Miami-Dade County: those portions of Black Creek

3484

lying south and east of the water control dam, including all boat

3485

basins and connecting canals within 1 mile of the dam.

3486

(h) The Fish and Wildlife Conservation Commission shall

3487

adopt rules pursuant to chapter 120 regulating the operation and

3488

speed of motorboat traffic only where manatee sightings are

3489

frequent and the best available scientific information, as well

3490

as other available, relevant, and reliable information, which may

3491

include but is not limited to, manatee surveys, observations,

3492

available studies of food sources, and water depths, supports the

3493

conclusion that manatees inhabit these areas on a regular basis

3494

within that portion of the Indian River between the St. Lucie

3495

Inlet in Martin County and the Jupiter Inlet in Palm Beach County

3496

and within the Loxahatchee River in Palm Beach and Martin

3497

Counties, including the north and southwest forks thereof.

3498

(i) The commission shall adopt rules pursuant to chapter

3499

120 regulating the operation and speed of motorboat traffic only

3500

where manatee sightings are frequent and the best available

3501

scientific information, as well as other available, relevant, and

3502

reliable information, which may include but is not limited to,

3503

manatee surveys, observations, available studies of food sources,

3504

and water depths, supports the conclusion that manatees inhabit

3505

these areas on a regular basis within the Withlacoochee River and

3506

its tributaries in Citrus and Levy Counties. The specific areas

3507

to be regulated include the Withlacoochee River and the U.S. 19

3508

bridge westward to a line between U.S. Coast Guard markers number

3509

33 and number 34 at the mouth of the river, including all side

3510

channels and coves along that portion of the river; Bennets'

3511

Creek from its beginning to its confluence with the Withlacoochee

3512

River; Bird's Creek from its beginning to its confluence with the

3513

Withlacoochee River; and the two dredged canal systems on the

3514

north side of the Withlacoochee River southwest of Yankeetown.

3515

(j) If any new power plant is constructed or other source

3516

of warm water discharge is discovered within the state which

3517

attracts a concentration of manatees or sea cows, the commission

3518

is directed to adopt rules pursuant to chapter 120 regulating the

3519

operation and speed of motorboat traffic within the area of such

3520

discharge. Such rules shall designate a zone which is sufficient

3521

in size, and which shall remain in effect for a sufficient period

3522

of time, to protect the manatees or sea cows.

3523

(k) It is the intent of the Legislature to allow the Fish

3524

and Wildlife Conservation Commission to post and regulate boat

3525

speeds only where the best available scientific information, as

3526

well as other available, relevant, and reliable information,

3527

which may include but is not limited to, manatee surveys,

3528

observations, available studies of food sources, and water depth,

3529

supports the conclusion that manatees inhabit these areas on a

3530

periodic basis. It is not the intent of the Legislature to permit

3531

the commission to post and regulate boat speeds generally

3532

throughout the waters of the state, thereby unduly interfering

3533

with the rights of fishers, boaters, and water skiers using the

3534

areas for recreational and commercial purposes. The Legislature

3535

further intends that the commission may identify and designate

3536

limited lanes or corridors providing for reasonable motorboat

3537

speeds within waters of the state whenever such lanes and

3538

corridors are consistent with manatee protection.

3539

(l) The commission shall adopt rules pursuant to chapter

3540

120 regulating the operation and speed of motorboat traffic all

3541

year around within Turkey Creek and its tributaries and within

3542

Manatee Cove in Brevard County. The specific areas to be

3543

regulated consist of:

3544

1. A body of water which starts at Melbourne-Tillman

3545

Drainage District structure MS-1, section 35, township 28 south,

3546

range 37 east, running east to include all natural waters and

3547

tributaries of Turkey Creek, section 26, township 28 south, range

3548

37 east, to the confluence of Turkey Creek and the Indian River,

3549

section 24, township 28 south, range 37 east, including all

3550

lagoon waters of the Indian River bordered on the west by Palm

3551

Bay Point, the north by Castaway Point, the east by the four

3552

immediate spoil islands, and the south by Cape Malabar, thence

3553

northward along the shoreline of the Indian River to Palm Bay

3554

Point.

3555

2. A triangle-shaped body of water forming a cove (commonly

3556

referred to as Manatee Cove) on the east side of the Banana

3557

River, with northern boundaries beginning and running parallel to

3558

the east-west cement bulkhead located 870 feet south of SR 520

3559

Relief Bridge in Cocoa Beach and with western boundaries running

3560

in line with the City of Cocoa Beach channel markers 121 and 127

3561

and all waters east of these boundaries in section 34, township

3562

24 south, range 37 east; the center coordinates of this cove are

3563

28°20'14" north, 80°35'17" west.

3564

(m) The commission shall promulgate regulations pursuant to

3565

chapter 120 relating to the operation and speed of motor boat

3566

traffic in port waters with due regard to the safety requirements

3567

of such traffic and the navigational hazards related to the

3568

movement of commercial vessels.

3569

(n) The commission may designate by rule adopted pursuant

3570

to chapter 120 other portions of state waters where manatees are

3571

frequently sighted and the best available scientific information,

3572

as well as other available, relevant, and reliable information,

3573

which may include but is not limited to, manatee surveys,

3574

observations, available studies of food sources, and water

3575

depths, supports the conclusion that manatees inhabit such waters

3576

periodically. Upon designation of such waters, the commission

3577

shall adopt rules pursuant to chapter 120 to regulate motorboat

3578

speed and operation which are necessary to protect manatees from

3579

harmful collisions with motorboats and from harassment. The

3580

commission may adopt rules pursuant to chapter 120 to protect

3581

manatee habitat, such as seagrass beds, within such waters from

3582

destruction by boats or other human activity. Such rules shall

3583

not protect noxious aquatic plants subject to control under s.

3584

369.20.

3585

(o) The commission may designate, by rule adopted pursuant

3586

to chapter 120, limited areas as a safe haven for manatees to

3587

rest, feed, reproduce, give birth, or nurse undisturbed by human

3588

activity. Access by motor boat to private residences, boat

3589

houses, and boat docks through these areas by residents, and

3590

their authorized guests, who must cross one of these areas to

3591

have water access to their property is permitted when the

3592

motorboat is operated at idle speed, no wake.

3593

(p) Except in the marked navigation channel of the Florida

3594

Intracoastal Waterway as defined in s. 327.02 and the area within

3595

100 feet of such channel, a local government may regulate, by

3596

ordinance, motorboat speed and operation on waters within its

3597

jurisdiction where the best available scientific information, as

3598

well as other available, relevant, and reliable information,

3599

which may include but is not limited to, manatee surveys,

3600

observations, available studies of food sources, and water

3601

depths, supports the conclusion that manatees inhabit these areas

3602

on a regular basis. However, such an ordinance may not take

3603

effect until it has been reviewed and approved by the commission.

3604

If the commission and a local government disagree on the

3605

provisions of an ordinance, a local manatee protection committee

3606

must be formed to review the technical data of the commission and

3607

the United States Fish and Wildlife Service, and to resolve

3608

conflicts regarding the ordinance. The manatee protection

3609

committee must be comprised of:

3610

1. A representative of the commission;

3611

2. A representative of the county;

3612

3. A representative of the United States Fish and Wildlife

3613

Service;

3614

4. A representative of a local marine-related business;

3615

5. A representative of the Save the Manatee Club;

3616

6. A local fisher;

3617

7. An affected property owner; and

3618

8. A representative of the Florida Marine Patrol.

3619

3620

If local and state regulations are established for the same area,

3621

the more restrictive regulation shall prevail.

3622

(q) The commission shall evaluate the need for use of

3623

fenders to prevent crushing of manatees between vessels (100' or

3624

larger) and bulkheads or wharves in counties where manatees have

3625

been crushed by such vessels. For areas in counties where

3626

evidence indicates that manatees have been crushed between

3627

vessels and bulkheads or wharves, the commission shall:

3628

1. Adopt rules pursuant to chapter 120 requiring use of

3629

fenders for construction of future bulkheads or wharves; and

3630

2. Implement a plan and time schedule to require

3631

retrofitting of existing bulkheads or wharves consistent with

3632

port bulkhead or wharf repair or replacement schedules.

3633

3634

The fenders shall provide sufficient standoff from the bulkhead

3635

or wharf under maximum operational compression to ensure that

3636

manatees cannot be crushed between the vessel and the bulkhead or

3637

wharf.

3638

(r) Any violation of a restricted area established by this

3639

subsection, or established by rule pursuant to chapter 120 or

3640

ordinance pursuant to this subsection, shall be considered a

3641

violation of the boating laws of this state and shall be charged

3642

on a uniform boating citation as provided in s. 327.74, except as

3643

otherwise provided in paragraph (s). Any person who refuses to

3644

post a bond or accept and sign a uniform boating citation shall,

3645

as provided in s. 327.73(3), be guilty of a misdemeanor of the

3646

second degree, punishable as provided in s. 775.082 or s.

3647

775.083.

3648

(s) Except as otherwise provided in this paragraph, any

3649

person violating the provisions of this subsection or any rule or

3650

ordinance adopted pursuant to this subsection commits a

3651

misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)

3652

370.021(1)(a) or (b).

3653

1. Any person operating a vessel in excess of a posted

3654

speed limit shall be guilty of a civil infraction, punishable as

3655

provided in s. 327.73, except as provided in subparagraph 2.

3656

2. This paragraph does not apply to persons violating

3657

restrictions governing "No Entry" zones or "Motorboat Prohibited"

3658

zones, who, if convicted, shall be guilty of a misdemeanor,

3659

punishable as provided in s. 379.407(1)(a) or (b) 370.021(1)(a)

3660

or (b), or, if such violation demonstrates blatant or willful

3661

action, may be found guilty of harassment as described in

3662

paragraph (d).

3663

3. A person may engage in any activity otherwise prohibited

3664

by this subsection or any rule or ordinance adopted pursuant to

3665

this subsection if the activity is reasonably necessary in order

3666

to prevent the loss of human life or a vessel in distress due to

3667

weather conditions or other reasonably unforeseen circumstances,

3668

or in order to render emergency assistance to persons or a vessel

3669

in distress.

3670

(t)1. In order to protect manatees and manatee habitat, the

3671

counties identified in the Governor and Cabinet's October 1989

3672

Policy Directive shall develop manatee protection plans

3673

consistent with commission criteria based upon "Schedule K" of

3674

the directive, and shall submit such protection plans for review

3675

and approval by the commission. Any manatee protection plans not

3676

submitted by July 1, 2004, and any plans not subsequently

3677

approved by the commission shall be addressed pursuant to

3678

subparagraph 2.

3679

2. No later than January 1, 2005, the Fish and Wildlife

3680

Conservation Commission shall designate any county it has

3681

identified as a substantial risk county for manatee mortality as

3682

a county that must complete a manatee protection plan by July 1,

3683

2006. The commission is authorized to adopt rules pursuant to s.

3684

120.54 for identifying substantial risk counties and establishing

3685

criteria for approval of manatee protection plans for counties so

3686

identified. Manatee protection plans shall include the following

3687

elements at a minimum: education about manatees and manatee

3688

habitat; boater education; an assessment of the need for new or

3689

revised manatee protection speed zones; local law enforcement;

3690

and a boat facility siting plan to address expansion of existing

3691

and the development of new marinas, boat ramps, and other

3692

multislip boating facilities.

3693

3. Counties required to adopt manatee protection plans

3694

under this paragraph shall incorporate the boating facility

3695

siting element of those protection plans within their respective

3696

comprehensive plans.

3697

4. Counties that have already adopted approved manatee

3698

protection plans, or that adopt subsequently approved manatee

3699

protection plans by the effective date of this act, are in

3700

compliance with the provisions of this paragraph so long as they

3701

incorporate their approved boat facility siting plan into the

3702

appropriate element of their local comprehensive plan no later

3703

than July 1, 2003.

3704

(u)1. Existing state manatee protection rules shall be

3705

given great weight in determining whether additional rules are

3706

necessary in a region where the measurable goals developed

3707

pursuant to s. 379.2291 372.072 have been achieved. However, the

3708

commission may amend existing rules or adopt new rules to address

3709

risks or circumstances in a particular area or waterbody to

3710

protect manatees.

3711

2. As used in this paragraph, the term "region" means one

3712

of the four geographic areas defined by the United States Fish

3713

and Wildlife Service in the Florida Manatee Recovery Plan, 3rd

3714

revision (October 30, 2001).

3715

(3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It is

3716

unlawful to catch, attempt to catch, molest, injure, kill, or

3717

annoy, or otherwise interfere with the normal activity and well-

3718

being of, mammalian dolphins (porpoises), except as may be

3719

authorized by a federal permit.

3720

(4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

3721

(a) Each fiscal year the Save the Manatee Trust Fund shall

3722

be available to fund an impartial scientific benchmark census of

3723

the manatee population in the state. Weather permitting, the

3724

study shall be conducted annually by the Fish and Wildlife

3725

Conservation Commission and the results shall be made available

3726

to the President of the Senate, the Speaker of the House of

3727

Representatives, and the Governor and Cabinet for use in the

3728

evaluation and development of manatee protection measures. In

3729

addition, the Save the Manatee Trust Fund shall be available for

3730

annual funding of activities of public and private organizations

3731

and those of the commission intended to provide manatee and

3732

marine mammal protection and recovery effort; manufacture and

3733

erection of informational and regulatory signs; production,

3734

publication, and distribution of educational materials;

3735

participation in manatee and marine mammal research programs,

3736

including carcass salvage and other programs; programs intended

3737

to assist the recovery of the manatee as an endangered species,

3738

assist the recovery of the endangered or threatened marine

3739

mammals, and prevent the endangerment of other species of marine

3740

mammals; and other similar programs intended to protect and

3741

enhance the recovery of the manatee and other species of marine

3742

mammals.

3743

(b) By December 1 each year, the Fish and Wildlife

3744

Conservation Commission shall provide the President of the Senate

3745

and the Speaker of the House of Representatives a written report,

3746

enumerating the amounts and purposes for which all proceeds in

3747

the Save the Manatee Trust Fund for the previous fiscal year are

3748

expended, in a manner consistent with those recovery tasks

3749

enumerated within the manatee recovery plan as required by the

3750

Endangered Species Act.

3751

3752

manatee from status as an endangered or threatened species, the

3753

annual allocation may be reduced.

3754

(d) Up to 10 percent of the annual use fee deposited in the

3755

Save the Manatee Trust Fund from the sale of the manatee license

3756

plate authorized in s. 320.08058 may be used to promote and

3757

market the license plate issued by the Department of Highway

3758

Safety and Motor Vehicles after June 30, 2007.

3759

(e) During the 2007-2008 fiscal year, the annual use fee

3760

deposited into the Save the Manatee Trust Fund from the sale of

3761

the manatee license plate authorized in s. 320.08058 may be used

3762

by the commission to buy back any manatee license plates not

3763

issued by the Department of Highway Safety and Motor Vehicles.

3764

This paragraph expires July 1, 2008.

3765

Section 73. Section 370.1201, Florida Statutes, is

3766

renumbered as section, 379.2432, Florida Statutes, to read:

3767

379.2432 370.1201 Manatee protection; intent; conduct of

3768

studies; initiatives and plans.--It is the intent of the

3769

Legislature that the commission request the necessary funding and

3770

staffing through a general revenue budget request to ensure that

3771

manatees receive the maximum protection possible. The Legislature

3772

recognizes that strong manatee protection depends upon

3773

consistently achieving a high degree of compliance with existing

3774

and future rules. The commission shall conduct standardized

3775

studies to determine levels of public compliance with manatee

3776

protection rules, and shall use the results of the studies,

3777

together with other relevant information, to develop and

3778

implement strategic law enforcement initiatives and boater

3779

education plans. Drawing upon information obtained from the

3780

compliance studies and the implementation of enforcement

3781

initiatives together with boater education plans, the commission

3782

shall identify any impediments in consistently achieving high

3783

levels of compliance, and adjust their enforcement and boater

3784

education efforts accordingly.

3785

Section 74. Section 370.1202, Florida Statutes, is

3786

renumbered as section 379.2433, Florida Statutes, to read:

3787

379.2433 370.1202 Enhanced manatee protection study.--

3788

(1) The Fish and Wildlife Conservation Commission shall

3789

implement and administer an enhanced manatee protection study

3790

designed to increase knowledge of the factors that determine the

3791

size and distribution of the manatee population in the waters of

3792

the state. The enhanced study shall be used by the commission in

3793

its mission to provide manatees with the maximum protection

3794

possible, while also allowing maximum recreational use of the

3795

state's waterways. The goal of the enhanced study is to collect

3796

data that will enable resource managers and state and local

3797

policymakers, in consultation with the public, to develop and

3798

implement sound science-based policies to improve manatee

3799

habitat, establish manatee protection zones, and maximize the

3800

size of safe boating areas for recreational use of state waters

3801

without endangering the manatee population.

3802

(2)(a) As part of the enhanced manatee protection study,

3803

the Legislature intends that the commission shall contract with

3804

Mote Marine Laboratory to conduct a manatee habitat and submerged

3805

aquatic vegetation assessment that specifically considers:

3806

1. Manatee populations that congregate in the warm water

3807

discharge sites at power plants in the state and the potential

3808

risks for disease resulting from increased congregation of

3809

manatees at these sites;

3810

2. Development of research, monitoring, and submerged

3811

aquatic vegetation restoration priorities for manatee habitat in

3812

and near the warm water discharge sites at power plants in the

3813

state; and

3814

3. The potential impacts on manatees and manatee habitat if

3815

power plants that provide warm water discharge sites where

3816

manatees congregate are closed, including how closure will affect

3817

the size and health of submerged aquatic vegetation areas.

3818

(b) The Mote Marine Laboratory must submit an interim

3819

report on the manatee habitat and submerged aquatic vegetation

3820

assessment to the Governor, the Legislature, and the commission

3821

by September 1, 2006. The interim report must detail the progress

3822

of the assessment. The final report, due to the Governor, the

3823

Legislature, and the commission by January 1, 2007, must detail

3824

the results of the assessment and include recommendations for

3825

protection of manatee habitat in warm water discharge sites at

3826

power plants in the state.

3827

3828

implement the manatee habitat and submerged aquatic vegetation

3829

assessment are expended in a manner that is consistent with the

3830

requirements of this subsection. The commission may require an

3831

annual audit of the expenditures made by Mote Marine Laboratory.

3832

Copies of any audit requested under this subsection must be

3833

provided to the appropriate substantive and appropriations

3834

committees of the Senate and the House of Representatives as they

3835

become available.

3836

(3) As part of the enhanced manatee protection study, the

3837

Legislature intends that the commission must conduct a signage

3838

and boat speed assessment to evaluate the effectiveness of

3839

manatee protection signs and sign placement and to assess boat

3840

speeds. The commission shall evaluate existing data on manatee

3841

mortality before and after existing manatee protection zones were

3842

established, boater compliance and comprehension of regulatory

3843

signs and buoys, changes in boating traffic patterns, and manatee

3844

distribution and behavior. The commission shall also provide

3845

recommendations on innovative marker designs that are in

3846

compliance with the federal aids to navigation system. The

3847

signage and boat speed assessment must address:

3848

(a) The effectiveness of signs and buoys to warn boaters of

3849

manatee slow-speed zones, with a goal of developing federally

3850

approved standards for marking manatee protection zones;

3851

(b) A determination of where buoys may be used in place of

3852

pilings for boating safety purposes; and

3853

3854

manatee zones to determine the most effective speed to balance

3855

safe boating, recreational use, vessel operating characteristics,

3856

and manatee protection.

3857

3858

The commission shall complete its signage and boat speed

3859

assessment by January 1, 2007, and must submit a report of its

3860

findings to the Governor, the President of the Senate, and the

3861

Speaker of the House of Representatives by February 1, 2007. The

3862

report must detail the results of the assessment and identify

3863

specific recommendations for developing state and local policies

3864

relating to the appropriate placement of signs, including

3865

innovative markers, in manatee slow-speed zones.

3866

(4) The commission is authorized to develop and implement

3867

the use of genetic tagging to improve its ability to assess the

3868

status and health of the manatee population, including the health

3869

and reproductive capacity of manatees, estimating annual survival

3870

rates through mark recapture studies, determining migration

3871

patterns, and determining maternity and paternity. The

3872

development and use of genetic tagging may be done in cooperation

3873

with federal agencies or other entities, such as genetic

3874

laboratories at schools within the State University System.

3875

Section 75. Section 370.10, Florida Statutes, is renumbered

3876

as section 379.244, Florida Statutes, to read:

3877

379.244 370.10 Crustacea, marine animals, fish;

3878

regulations; general provisions.--

3879

(1) OWNERSHIP OF FISH, SPONGES, ETC.--All fish, shellfish,

3880

sponges, oysters, clams, and crustacea found within the rivers,

3881

creeks, canals, lakes, bayous, lagoons, bays, sounds, inlets, and

3882

other bodies of water within the jurisdiction of the state, and

3883

within the Gulf of Mexico and the Atlantic Ocean within the

3884

jurisdiction of the state, excluding all privately owned enclosed

3885

fish ponds not exceeding 150 acres, are the property of the state

3886

and may be taken and used by its citizens and persons not

3887

citizens, subject to the reservations and restrictions imposed by

3888

these statutes. No water bottoms owned by the state shall ever be

3889

sold, transferred, dedicated, or otherwise conveyed without

3890

reserving in the people the absolute right to fish thereon,

3891

except as otherwise provided in these statutes.

3892

(2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

3893

AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

3894

PURPOSES.--Notwithstanding any other provisions of general or

3895

special law to the contrary, the Fish and Wildlife Conservation

3896

Commission may authorize, upon such terms, conditions, and

3897

restrictions as it may prescribe by rule, any properly accredited

3898

person to harvest or possess indigenous or nonindigenous

3899

saltwater species for experimental, scientific, education, and

3900

exhibition purposes or to harvest or possess reasonable

3901

quantities of aquacultural species for brood stock. Such

3902

authorizations may allow collection of specimens without regard

3903

to, and not limited to, size, seasonal closure, collection

3904

method, reproductive state, or bag limit. Authorizations issued

3905

under the provisions of this section may be suspended or revoked

3906

by the Fish and Wildlife Conservation Commission if it finds that

3907

the person has violated this section, Fish and Wildlife

3908

Conservation Commission rules or orders, or terms or conditions

3909

of the authorization or has submitted false or inaccurate

3910

information in his or her application.

3911

Section 76. Section 370.1405, Florida Statutes, is

3912

renumbered as section 379.245, Florida Statutes, and amended to

3913

read:

3914

379.245 370.1405 Spiny lobster reports by dealers during

3915

closed season required.--

3916

(1) Within 3 days after the commencement of the closed

3917

season for the taking of spiny lobster, each and every seafood

3918

dealer, either retail or wholesale, intending to possess whole

3919

spiny lobster, spiny lobster tails, or spiny lobster meat during

3920

closed season shall submit to the Fish and Wildlife Conservation

3921

Commission, on forms provided by the commission, a sworn report

3922

of the quantity, in pounds, of whole spiny lobster, spiny lobster

3923

tails, and spiny lobster meat in the dealer's name or possession

3924

as of the date the season closed. This report shall state the

3925

location and number of pounds of whole spiny lobster, spiny

3926

lobster tails, and spiny lobster meat. The commission shall not

3927

accept any reports not delivered or postmarked by midnight of the

3928

3rd calendar day after the commencement of the closed season, and

3929

any stocks of spiny lobster reported therein are declared a

3930

nuisance and may be seized by the commission.

3931

(2) Failure to submit a report as described in subsection

3932

(1) or reporting a greater or lesser amount of whole spiny

3933

lobster, spiny lobster tails, or spiny lobster meat than is

3934

actually in the dealer's possession or name is a major violation

3935

of this chapter, punishable as provided in s. 379.407(1), 379.414

3936

370.021(1), s. 370.07(6)(b), or both. The commission shall seize

3937

the entire supply of unreported or falsely reported whole spiny

3938

lobster, spiny lobster tails, or spiny lobster meat, and shall

3939

carry the same before the court for disposal. The dealer shall

3940

post a cash bond in the amount of the fair value of the entire

3941

quantity of unreported or falsely reported spiny lobster as

3942

determined by the judge. After posting the cash bond, the dealer

3943

shall have 24 hours to transport said products outside the limits

3944

of Florida for sale as provided by s. 379.337 370.061. Otherwise,

3945

the product shall be declared a nuisance and disposed of by the

3946

commission according to law.

3947

(3) All dealers having reported stocks of spiny lobster may

3948

sell or offer to sell such stocks of spiny lobster; however, such

3949

dealers shall submit an additional report on the last day of each

3950

month during the duration of the closed season. Reports shall be

3951

made on forms supplied by the commission. Each dealer shall state

3952

on this report the number of pounds brought forward from the

3953

previous report period, the number of pounds sold during the

3954

report period, the number of pounds, if any, acquired from a

3955

licensed wholesale dealer during the report period, and the

3956

number of pounds remaining on hand. In every case, the amount of

3957

spiny lobster sold plus the amount reported on hand shall equal

3958

the amount acquired plus the amount reported remaining on hand in

3959

the last submitted report. Copies of records or invoices

3960

documenting the number of pounds acquired during the closed

3961

season must be maintained by the wholesale or retail dealer and

3962

shall be kept available for inspection by the commission for a

3963

period not less than 3 years from the date of the recorded

3964

transaction. Reports postmarked later than midnight on the 3rd

3965

calendar day of each month during the duration of the closed

3966

season will not be accepted by the commission. Dealers for which

3967

late supplementary reports are not accepted by the commission

3968

must show just cause why their entire stock of whole spiny

3969

lobster, spiny lobster tails, or spiny lobster meat should not be

3970

seized by the commission. Whenever a dealer fails to timely

3971

submit the monthly supplementary report as described in this

3972

subsection, the dealer may be subject to the following civil

3973

penalties:

3974

(a) For a first violation, the commission shall assess a

3975

civil penalty of $500.

3976

(b) For a second violation within the same spiny lobster

3977

closed season, the commission shall assess a civil penalty of

3978

$1,000.

3979

3980

closed season, the commission shall assess a civil penalty of

3981

$2,500 and may seize said dealer's entire stock of whole spiny

3982

lobster, spiny lobster tails, or spiny lobster meat and carry the

3983

same before the court for disposal. The dealer shall post a cash

3984

bond in the amount of the fair value of the entire remaining

3985

quantity of spiny lobster as determined by the judge. After

3986

posting the cash bond, a dealer shall have 24 hours to transport

3987

said products outside the limits of Florida for sale as provided

3988

by s. 379.337 370.061. Otherwise, the product shall be declared a

3989

nuisance and disposed of by the commission according to law.

3990

(4) All seafood dealers shall at all times during the

3991

closed season make their stocks of whole spiny lobster, spiny

3992

lobster tails, or spiny lobster meat available for inspection by

3993

the commission.

3994

(5) Each wholesale and retail dealer in whole spiny

3995

lobster, spiny lobster tails, or spiny lobster meat shall keep

3996

throughout the period of the spiny lobster closed season copies

3997

of the bill of sale or invoice covering each transaction

3998

involving whole spiny lobster, spiny lobster tails, or spiny

3999

lobster meat. Such invoices and bills shall be kept available at

4000

all times for inspection by the commission.

4001

(6) The Fish and Wildlife Conservation Commission may adopt

4002

rules incorporating by reference such forms as are necessary to

4003

administer this section.

4004

Section 77. Section 370.151, Florida Statutes, is

4005

renumbered as section 379.246, Florida Statutes, and amended to

4006

read:

4007

379.246 370.151 Tortugas shrimp beds; gifted and loan

4008

property penalties.--

4009

(1) It is the intention of the Legislature that action

4010

should be taken to conserve the supply of shrimp in the large

4011

shrimp beds which lie in and around the coast of the Lower Keys

4012

of Florida and in the vicinity of the islands of Dry Tortugas in

4013

the Florida Keys, hereinafter referred to as the "Tortugas Shrimp

4014

Bed," and which furnish more than 50 percent of the shrimp in

4015

waters adjacent to the coast of Florida. It is further the sense

4016

of this Legislature that the shrimp industry is a valuable

4017

industry to the economy of this state and deserves adequate

4018

protection.

4019

(1)(2)(a) The Fish and Wildlife Conservation Commission is

4020

authorized to take title in the name of the state to any vessel

4021

or vessels suitable for use in carrying out the inspection and

4022

patrol of the Tortugas Bed which may be offered as a gift to the

4023

state by any person, firm, corporation, or association in the

4024

shrimp industry for the purpose of carrying out the provisions of

4025

this section. In the event such title is taken to such vessel or

4026

vessels, the commission is authorized to operate and keep said

4027

vessel or vessels in proper repair.

4028

(2)(b) The commission is further authorized to accept the

4029

temporary loan of any vessel or vessels, suitable for use in

4030

carrying out the provisions of this section, for periods not

4031

exceeding 1 year. However, the state shall not assume any

4032

liability to the owner or owners of said vessels for any damage

4033

done by said vessels to other vessels, persons, or property. In

4034

the operation of said loaned vessels, upkeep and repair shall

4035

consist only of minor repairs and routine maintenance. The owner

4036

or owners shall carry full marine insurance coverage on said

4037

loaned vessel or vessels for the duration of the period during

4038

which said vessels are operated by the state.

4039

(3) The owner or master of any vessel not equipped with

4040

live shrimp bait tanks dragging shrimp nets in the above-defined

4041

area without a live bait shrimping license for this area is

4042

guilty of a violation of this section. A third or any subsequent

4043

violation by any person under this subsection within a 3-year

4044

period shall be a felony of the third degree, punishable as

4045

provided in ss. 775.082 and 775.083.

4046

Section 78. Section 370.153, Florida Statutes, is

4047

renumbered as section 379.247, Florida Statutes, and amended to

4048

read:

4049

379.247 370.153 Regulation of shrimp fishing; Clay, Duval,

4050

Nassau, Putnam, Flagler, and St. Johns Counties.--

4051

(1) DEFINITIONS.--When used in this section, unless the

4052

context clearly requires otherwise:

4053

(a) "Inland waters" means all creeks, rivers, bayous, bays,

4054

inlets, and canals.

4055

(b) "Sample" means one or more shrimp taken from an

4056

accurately defined part of the area defined.

4057

4058

of not more than 1 week, each sample being taken at a different

4059

station within the pattern.

4060

(d) "Pattern" means 10 or more stations.

4061

(e) "Station" means a single location on the water of the

4062

areas defined.

4063

(f) "Licensed live bait shrimp producer" means any

4064

individual licensed by the Fish and Wildlife Conservation

4065

Commission to employ the use of any trawl for the taking of live

4066

bait shrimp within the inland waters of Nassau, Duval, St. Johns,

4067

Putnam, Flagler, or Clay Counties.

4068

(g) "Licensed dead shrimp producer" means any individual

4069

licensed by the Fish and Wildlife Conservation Commission to

4070

employ the use of any trawl for the taking of shrimp within the

4071

inland waters of Nassau, Duval, St. Johns, Putnam, Flagler, or

4072

Clay Counties.

4073

(2) SHRIMPING PROHIBITED.--It is unlawful to employ the use

4074

of any trawl or other net, except a common cast net, designed for

4075

or capable of taking shrimp, within the inland waters of Nassau,

4076

Duval, St. Johns, Putnam, Flagler, or Clay Counties, except as

4077

hereinafter provided.

4078

(3) LIVE BAIT SHRIMP PRODUCTION.--

4079

(a) A live bait shrimp production license shall be issued

4080

by the Fish and Wildlife Conservation Commission upon the receipt

4081

of an application by a person intending to use a boat, not to

4082

exceed 35 feet in length in Duval, St. Johns, Putnam, Flagler,

4083

and Clay Counties and not to exceed 45 feet in length in Nassau

4084

County, for live shrimp production within the inland waters of

4085

Nassau, Duval, St. Johns, Putnam, Flagler, or Clay Counties and

4086

the payment of a fee of $250. The annual fee of $250 shall be

4087

collected by the commission for the issuance of the license

4088

during a 60-day period beginning June 1 of each year. The design

4089

of the application and permit shall be determined by the

4090

commission. The proceeds of the fee imposed by this paragraph

4091

shall be used by the Fish and Wildlife Conservation Commission

4092

for the purposes of enforcement of marine resource laws.

4093

(b) The Executive Director of the Fish and Wildlife

4094

Conservation Commission, or his or her designated representative,

4095

may by order close certain areas to live bait shrimp production

4096

when sampling procedures justify the closing based upon sound

4097

conservation practices. The revocation of any order to close has

4098

the effect of opening the area.

4099

4100

his or her catch for sale or sells his or her catch shall either:

4101

a. Maintain onshore facilities which have been annually

4102

checked and approved by the local commission office to assure the

4103

facilities' ability to maintain the catch alive when the live

4104

bait shrimp producer produces for his or her own facility; or

4105

b. Sell his or her catch only to persons who have onshore

4106

facilities that have been annually checked and approved by the

4107

local commission office to assure the facilities' ability to

4108

maintain the catch alive, when the producer sells his or her

4109

catch to an onshore facility. The producer shall provide the

4110

commission with the wholesale number of the facility to which the

4111

shrimp have been sold and shall submit this number on a form

4112

designed and approved by the commission.

4113

2. All persons who maintain onshore facilities as described

4114

in this paragraph, whether the facilities are maintained by the

4115

licensed live bait shrimp producer or by another party who

4116

purchases shrimp from live bait shrimp producers, shall keep

4117

records of their transactions in conformance with the provisions

4118

of s. 379.362(6) 370.07(6).

4119

(d) All commercial trawling in Clay, Duval, and St. Johns

4120

Counties shall be restricted to the inland waters of the St.

4121

Johns River proper in the area north of the Acosta Bridge in

4122

Jacksonville and at least 100 yards from the nearest shoreline.

4123

(e) A live shrimp producer must also be a licensed

4124

wholesale dealer. Such person shall not sell live bait shrimp

4125

unless he or she produces a live bait shrimp production license

4126

at the time of sale.

4127

(f) The commission shall rename the Live Bait Shrimp

4128

Production License as the Commercial Live Shrimp Production

4129

License.

4130

(4) DEAD SHRIMP PRODUCTION.--Any person may operate as a

4131

commercial dead shrimp producer provided that:

4132

(a) A dead shrimp production permit is procured from the

4133

Fish and Wildlife Conservation Commission upon the receipt by the

4134

commission of a properly filled out and approved application by a

4135

person intending to use a boat, not to exceed 35 feet in length

4136

in Duval, St. Johns, Putnam, and Clay Counties, and not to exceed

4137

45 feet in length in Nassau County, for dead shrimp production

4138

within the inland waters of Nassau County and the inland waters

4139

of the St. Johns River of Duval, Putnam, St. Johns, Flagler, or

4140

Clay Counties, which permit shall cost $250 and shall be required

4141

for each vessel used for dead shrimp production. The design of

4142

the application and permit shall be determined by the Fish and

4143

Wildlife Conservation Commission. The proceeds of the fees

4144

imposed by this paragraph shall be deposited into the account of

4145

the Marine Resources Conservation Trust Fund to be used by the

4146

commission for the purpose of enforcement of marine resource

4147

laws.

4148

(b) All commercial trawling in the St. Johns River proper

4149

shall be restricted to the area north of the Acosta Bridge in

4150

Jacksonville and at least 100 yards from the nearest shoreline.

4151

4152

during daylight hours from Tuesday through Friday each week.

4153

(d) No person holding a dead shrimp production permit

4154

issued pursuant to this subsection shall simultaneously hold a

4155

permit for noncommercial trawling under the provisions of

4156

subsection (5). The number of permits issued by the commission

4157

for commercial trawling or dead shrimp production in any one year

4158

shall be limited to those active in the base year, 1976, and

4159

renewed annually since 1976. All permits for dead shrimp

4160

production issued pursuant to this section shall be inheritable

4161

or transferable to an immediate family member and annually

4162

renewable by the holder thereof. Such inheritance or transfer

4163

shall be valid upon being registered with the commission. Each

4164

permit not renewed shall expire and shall not be renewed under

4165

any circumstances.

4166

(e) It is illegal for any person to sell dead shrimp caught

4167

in the inland waters of Nassau, Duval, Clay, Putnam, and St.

4168

Johns Counties, unless the seller is in possession of a dead

4169

shrimp production license issued pursuant to this subsection.

4170

(f) It is illegal for any person to purchase shrimp for

4171

consumption or bait from any seller (with respect to shrimp

4172

caught in the inland waters of Nassau, Duval, Clay, Putnam, and

4173

St. Johns Counties (St. Johns River)) who does not produce his or

4174

her dead shrimp production license prior to the sale of the

4175

shrimp.

4176

(g) In addition to any other penalties provided for in this

4177

section, any person who violates the provisions of this

4178

subsection shall have his or her license revoked by the

4179

commission.

4180

(h) The commission shall rename the Dead Shrimp Production

4181

License as the Commercial Food Shrimp Production License.

4182

(5) NONCOMMERCIAL TRAWLING.--If noncommercial trawling is

4183

authorized by the Fish and Wildlife Conservation Commission, any

4184

person may trawl for shrimp in the St. Johns River for his or her

4185

own use as food under the following conditions:

4186

(a) Each person who desires to trawl for shrimp for use as

4187

food shall obtain a noncommercial trawling permit from the local

4188

office of the Fish and Wildlife Conservation Commission upon

4189

filling out an application on a form prescribed by the commission

4190

and upon paying a fee for the permit, which shall cost $50.

4191

(b) All trawling shall be restricted to the confines of the

4192

St. Johns River proper in the area north of the Acosta Bridge in

4193

Jacksonville and at least 100 yards from the nearest shoreline.

4194

4195

provisions of this subsection may be sold or offered for sale.

4196

(6) SAMPLING PROCEDURE.--

4197

(a) The Executive Director of the Fish and Wildlife

4198

Conservation Commission shall have samples taken at established

4199

stations within patterns at frequent intervals.

4200

(b) No area may be closed to live bait shrimp production

4201

unless a series of samples has been taken and it has been

4202

determined that the shrimp are undersized or that continued

4203

shrimping in this area would have an adverse effect on

4204

conservation. Standards for size may be established by rule of

4205

the commission.

4206

4207

a series of samples has been taken and it has been determined

4208

that the shrimp are of legal size. Legal-sized shrimp shall be

4209

defined as not more than 47 shrimp with heads on, or 70 shrimp

4210

with heads off, per pound.

4211

(7) LICENSE POSSESSION.--The operator of a boat employing

4212

the use of any trawl for shrimp production must be in possession

4213

of a current shrimp production license issued to him or her

4214

pursuant to the provisions of this section.

4215

(8) USE OF TRAWL; LIMITATION.--

4216

(a) The use of a trawl by either a live bait shrimp

4217

producer or dead shrimp producer shall be limited to the daylight

4218

hours, and the taking of dead shrimp shall not take place on

4219

Saturdays, Sundays, or legal state holidays.

4220

(b) The use of a trawl by either a live bait shrimp

4221

producer or dead shrimp producer within 100 yards of any

4222

shoreline is prohibited. The Fish and Wildlife Conservation

4223

Commission, by rule or order, may define the area or areas where

4224

this subsection shall apply.

4225

4226

designed for, or capable of, taking shrimp within 1/4 mile of any

4227

natural or manmade inlet in Duval County or St. Johns County.

4228

2. It is unlawful for anyone to trawl in the Trout River

4229

west of the bridge on U.S. 17 in Duval County.

4230

(9) CREDITS.--Fees paid pursuant to paragraphs (3)(a) and

4231

(4)(a) of this section shall be credited against the saltwater

4232

products license fee.

4233

Section 79. Section 370.17, Florida Statutes, is renumbered

4234

as section 379.248, Florida Statutes, and amended to read:

4235

379.248 370.17 Sponges; regulation.--

4236

(1) NONRESIDENT LICENSE; SPONGE FISHING.--Any nonresident

4237

of the state, who desires to engage in the business or occupation

4238

of sponge fishing, either for that person or any other person,

4239

shall, before entering into said business or occupation, procure

4240

a nonresident saltwater products license issued in the name of an

4241

individual or to a valid boat registration pursuant to s. 379.361

4242

370.06.

4243

(2) USE AND SIZE OF HOOKS.--Any person engaged in gathering

4244

sponges by use of a hook shall use a hook 5 inches wide for the

4245

purpose of removing sponges from the bottom, and no hook of other

4246

dimensions may be used.

4247

(3) TAKING, POSSESSING COMMERCIAL; SIZE.--

4248

(a) No person may take, by any means or method, from the

4249

waters of the Gulf of Mexico, the straits of this state or the

4250

other waters within the territorial limits of this state, any

4251

commercial sponges, measuring, when wet, less than 5 inches in

4252

their maximum diameter.

4253

(b) To make effective the foregoing subsection it is

4254

further provided that no person may land, cure, deliver, offer

4255

for sale, sell, or have in his or her possession, within the

4256

territorial limits of this state, or upon any boat, vessel, or

4257

vehicle, other than those operated interstate by common carriers,

4258

within the territorial limits of this state, any commercial

4259

sponges measuring, when wet, less than 5 inches in their maximum

4260

diameter.

4261

4262

territorial limits of this state, or upon any boat, vessel, or

4263

vehicle, other than those operated interstate by common carriers,

4264

within the territorial limits of this state, measuring, when wet,

4265

less than 5 inches in their maximum diameter, shall be evidence

4266

that the person having such sponges in his or her possession has

4267

violated this section.

4268

(4) POWERS OF THE COMMISSION.--The commission is authorized

4269

and empowered to make, promulgate, and put into effect all rules

4270

and regulations which the commission may consider and decide to

4271

be necessary to accomplish the purpose of this chapter for the

4272

taking and cultivation of sponges, including the power and

4273

authority to determine and fix, in its discretion, the seasons

4274

and period of time within which public state grounds may be

4275

closed to the taking, possessing, buying, selling, or

4276

transporting of sponges from the sponge cultivation districts

4277

herein provided for and to regulate and prescribe the means and

4278

methods to be employed in the harvesting thereof; however, notice

4279

of all rules, regulations, and orders, and all revisions and

4280

amendments thereto, prescribing closed seasons or prescribing the

4281

means and methods of harvesting sponges adopted by the commission

4282

shall be published in a newspaper of general circulation in the

4283

conservation district affected within 10 days from the adoption

4284

thereof, in addition to any notice required by chapter 120.

4285

(5) COOPERATION WITH UNITED STATES FISH AND WILDLIFE

4286

SERVICE.--The commission shall cooperate with the United States

4287

Fish and Wildlife Service, under existing federal laws, rules and

4288

regulations, and is authorized to accept donations, grants and

4289

matching funds from said federal government under such conditions

4290

as are reasonable and proper, for the purposes of carrying out

4291

this chapter, and the commission is further authorized to accept

4292

any and all donations including funds and loan of vessels.

4293

(6) PENALTY.--Any person violating any of the foregoing

4294

provisions shall, for the second offense, be guilty of a felony

4295

of the third degree, punishable as provided in s. 775.082, s.

4296

775.083, or s. 775.084, and by the confiscation of all boats,

4297

tackle and equipment used in the commission of such violation.

4298

Section 80. Section 370.25, Florida Statutes, is renumbered

4299

as section 379.249, Florida Statutes, to read:

4300

379.249 370.25 Artificial reef program; grants and

4301

financial and technical assistance to local governments.--

4302

(1) An artificial reef program is created within the

4303

commission to enhance saltwater opportunities and to promote

4304

proper management of fisheries resources associated with

4305

artificial reefs for the public interest. Under the program, the

4306

commission may provide grants and financial and technical

4307

assistance to coastal local governments, state universities, and

4308

nonprofit corporations qualified under s. 501(c)(3) of the

4309

Internal Revenue Code for the siting and development of

4310

artificial reefs as well as for monitoring and evaluating such

4311

reefs and their recreational, economic, and biological

4312

effectiveness. The commission is authorized to accept title, on

4313

behalf of the state, to vessels for use in the artificial reef

4314

program as offshore artificial reefs. The program may be funded

4315

from state, federal, and private contributions.

4316

(2) The commission may adopt by rule procedures for

4317

submitting an application for financial assistance and criteria

4318

for allocating available funds.

4319

(3) The commission may adopt by rule criteria for siting,

4320

constructing, managing, and evaluating the effectiveness of

4321

artificial reefs placed in state or adjacent federal waters and

4322

criteria implementing the transfer of vessel titles to the state

4323

for use as an offshore artificial reef.

4324

(4) The commission may adopt by rule criteria for

4325

determining the eligibility of nonprofit corporations qualified

4326

under s. 501(c)(3) of the Internal Revenue Code to apply for and

4327

receive funds available for artificial reef development or

4328

evaluation. The criteria must include, but are not limited to,

4329

the following:

4330

(a) The corporation must show proof that it is a nonprofit

4331

corporation qualified under s. 501(c)(3) of the Internal Revenue

4332

Code.

4333

(b) The corporation must state in its articles of

4334

incorporation or bylaws that one of its objectives is the

4335

development or monitoring of artificial reefs.

4336

(5) The commission's artificial reef program shall track

4337

all artificial-reef-development activities statewide, and

4338

maintain a computer database of these activities for the public

4339

interest and to facilitate long-range planning and coordination

4340

within the commission and among local governments.

4341

(6) It is unlawful for any person to:

4342

(a) Place artificial-reef-construction materials in state

4343

waters outside zones permitted under the terms and conditions

4344

defined in any artificial-reef permits issued by the United

4345

States Army Corps of Engineers or by the Department of

4346

Environmental Protection.

4347

(b) Store, possess, or transport on or across state waters

4348

any materials reasonably suited for artificial-reef construction

4349

and stored in a manner providing ready access for use and

4350

placement as an artificial reef, unless a valid cargo manifest

4351

issued by the commission or a commission-certified inspector is

4352

onboard the transporting vessel. The manifest will serve as

4353

authorization to use a valid permitted site or land-based staging

4354

area, will validate that the type of artificial-reef construction

4355

material being transported is permissible for use at the

4356

permitted site, and will describe and quantify the artificial-

4357

reef material being transported. The manifest will also include

4358

the latitude and longitude coordinates of the proposed deployment

4359

location, the valid permit number, and a copy of the permit

4360

conditions for the permitted site. The manifest must be available

4361

for inspection by any authorized law enforcement officer or

4362

commission employee.

4363

(7)(a) An initial violation of subsection (6) is a

4364

misdemeanor of the first degree, punishable as provided in s.

4365

775.082 or s. 775.083. A subsequent violation of subsection (6)

4366

which is committed within 12 months after a previous violation of

4367

that subsection is a felony of the third degree, punishable as

4368

provided in s. 775.082, s. 775.083, or s. 775.084.

4369

(b) If a violation of subsection (6) occurs, a law

4370

enforcement officer may terminate a vessel's voyage and order the

4371

vessel operator to return immediately to port. Failure or refusal

4372

to comply with an order to return to port constitutes a felony of

4373

the third degree, punishable as provided in s. 775.082, s.

4374

775.083, or s. 775.084. The vessel operator must immediately

4375

dispose of the materials on shore according to applicable waste

4376

disposal laws.

4377

4378

involved in the violation:

4379

1. Is moored at a land-based facility, the registered owner

4380

of the vessel is responsible for the violation.

4381

2. Is underway or anchored, the captain or operator of the

4382

vessel and the registered owner of the vessel are jointly

4383

responsible for the violation.

4384

(d) In addition to the penalties imposed in this

4385

subsection, the commission shall assess civil penalties of up to

4386

$5,000 against any person convicted of violating subsection (6)

4387

and may seek the suspension or revocation of the vessel

4388

registration, existing reef-construction permits, or other state

4389

marine licenses held by the violator. For the purposes of this

4390

section, conviction includes any judicial disposition other than

4391

acquittal or dismissal.

4392

Section 81. Section 370.23, Florida Statutes, is renumbered

4393

as section 379.25, Florida Statutes, to read:

4394

379.25 370.23 Sale of unlawfully landed product;

4395

jurisdiction.--It is unlawful for any person to bring to port,

4396

sell, or offer to sell any saltwater life landed in violation of

4397

the provisions of this chapter. Any person committing such a

4398

violation and docking his or her vessel at any port in the state,

4399

whether or not such product was landed in the territorial waters

4400

of the state, shall be deemed to have submitted himself or

4401

herself to the jurisdiction of the courts of this state for the

4402

purpose of the enforcement of the provisions of this chapter.

4403

Section 82. Section 370.1601, Florida Statutes, is

4404

renumbered as section 379.2511, Florida Statutes, and amended to

4405

read:

4406

379.2511 370.1601 Lease of state-owned water bottoms for

4407

growing oysters and clams.--Effective July 1, 1988, persons

4408

wishing to lease state-owned water bottoms for the purpose of

4409

growing oysters and clams shall no longer be required to apply

4410

under the provisions of s. 379.2525 370.16; such leases shall be

4411

issued pursuant to the provisions of ss. 253.67-253.75.

4412

Section 83. Section 370.161, Florida Statutes, is

4413

renumbered as section 379.2512, Florida Statutes, to read:

4414

379.2512 370.161 Oyster bottom land grants made pursuant to

4415

ch. 3293.--

4416

(1) All grants previously issued by the several boards of

4417

county commissioners under the authority of chapter 3293, 1881,

4418

Laws of Florida, shall be subject to provisions of s. 597.010,

4419

relating to the marking of such lands, the payment of rents, the

4420

cultivation of such lands and the forfeiture provisions.

4421

(2) Any grantee of lands referred to in subsection (1)

4422

shall mark such lands and begin cultivation thereof as set forth

4423

in s. 597.010, within 90 days after the effective date of this

4424

act. The rentals prescribed by s. 597.010, shall be payable

4425

immediately upon the effective date of this act and in accordance

4426

with the provisions of said section.

4427

(3) If any grantee shall fail to comply with the provisions

4428

of this act his or her grant shall become null and void and the

4429

lands shall return to the ownership and jurisdiction of the

4430

state.

4431

Section 84. Section 370.027, Florida Statutes, is

4432

renumbered as section 379.2521, Florida Statutes, and amended to

4433

read:

4434

379.2521 370.027 Rulemaking authority with respect to

4435

marine life.--Marine aquaculture producers shall be regulated by

4436

the Department of Agriculture and Consumer Services. The Fish and

4437

Wildlife Conservation Commission shall adopt rules, by March 1,

4438

2000, to regulate the sale of farmed red drum and spotted sea

4439

trout. These rules shall specifically provide for the protection

4440

of the wild resource, without restricting a certified aquaculture

4441

producer pursuant to s. 597.004 from being able to sell farmed

4442

fish. To that extent, these rules must only require that farmed

4443

fish be kept separate from wild fish and be fed commercial feed;

4444

that farmed fish be placed in sealed containers; that these

4445

sealed containers must have the name, address, telephone number

4446

and aquaculture certificate number, issued pursuant to s.

4447

597.004, of the farmer clearly and indelibly placed on the

4448

container; and that this information must accompany the fish to

4449

the ultimate point of sale. Marine aquaculture products produced

4450

by a marine aquaculture producer, certified pursuant to s.

4451

597.004, are exempt from Fish and Wildlife Conservation

4452

Commission resource management rules, with the exception of such

4453

rules governing any fish of the genus Centropomus (snook). By

4454

July 1, 2000, the Fish and Wildlife Conservation Commission shall

4455

develop procedures to allow persons possessing a valid

4456

aquaculture certificate of registration to sell and transport

4457

live snook produced in private ponds or private hatcheries as

4458

brood stock, to stock private ponds, or for aquarium display

4459

consistent with the provisions of rules adopted by the Department

4460

of Agriculture and Consumer Services rule 39-23.009, Florida

4461

Administrative Code.

4462

Section 85. Section 370.1603, Florida Statutes, is

4463

renumbered as section 379.2522, Florida Statutes, and amended to

4464

read:

4465

379.2522 370.1603 Oysters produced in and outside state;

4466

labeling; tracing; rules.--

4467

(1) No wholesale or retail dealer, as defined in s. 379.362

4468

(1) 370.07(1), shall sell any oysters produced outside this state

4469

unless they are labeled as such, or unless it is otherwise

4470

reasonably made known to the purchaser that the oysters were not

4471

produced in this state.

4472

(2) The Department of Agriculture and Consumer Services

4473

shall promulgate rules whereby oysters produced in Florida waters

4474

can be traced to the location from which they were harvested. A

4475

wholesale or retail dealer may not sell any oysters produced in

4476

this state unless they are labeled so that they may be traced to

4477

the point of harvesting.

4478

Section 86. Section 370.26, Florida Statutes, is renumbered

4479

as section 379.2523, Florida Statutes, and amended to read:

4480

379.2523 370.26 Aquaculture definitions; marine aquaculture

4481

products, producers, and facilities.--

4482

(1) As used in this section, the term:

4483

(a) "Marine aquaculture facility" means a facility built

4484

and operated for the purpose of producing marine aquaculture

4485

products. Marine aquaculture facilities contain culture systems

4486

such as, but not limited to, ponds, tanks, raceways, cages, and

4487

bags used for commercial production, propagation, growout, or

4488

product enhancement of marine products. Marine aquaculture

4489

facilities specifically do not include:

4490

1. Facilities that maintain marine aquatic organisms

4491

exclusively for the purpose of shipping, distribution, marketing,

4492

or wholesale and retail sales;

4493

2. Facilities that maintain marine aquatic organisms for

4494

noncommercial, education, exhibition, or scientific purposes;

4495

3. Facilities in which the activity does not require an

4496

aquaculture certification pursuant to s. 597.004; or

4497

4. Facilities used by marine aquarium hobbyists.

4498

(b) "Marine aquaculture producer" means a person holding an

4499

aquaculture certificate pursuant to s. 597.004 to produce marine

4500

aquaculture products.

4501

4502

from marine aquatic organisms that are owned and propagated,

4503

grown, or produced under controlled conditions by a person

4504

holding an aquaculture certificate pursuant to s. 597.004. Such

4505

product does not include organisms harvested from the wild for

4506

depuration, wet storage, or relayed for the purpose of controlled

4507

purification. Marine aquaculture products are considered

4508

saltwater products for the purposes of this chapter, except the

4509

holder of an aquaculture certificate is not required to purchase

4510

and possess a saltwater products license in order to possess,

4511

transport, or sell marine aquaculture products pursuant to s.

4512

379.361 370.06. To renew an existing restricted species

4513

endorsement, marine aquaculture producers possessing a valid

4514

saltwater products license with a restricted species endorsement

4515

may apply income from the sales of marine aquaculture products to

4516

licensed wholesale dealers. Income from the sales of marine

4517

aquaculture products shall not be eligible for the purpose of

4518

acquiring a new restricted species endorsement. The holder of an

4519

aquaculture certificate must purchase and possess a saltwater

4520

products license in order to possess, transport, or sell

4521

saltwater products not specifically provided for in s. 597.004.

4522

(2) The Department of Environmental Protection shall

4523

encourage the development of aquaculture and the production of

4524

aquaculture products. The department shall develop a process

4525

consistent with this section that would consolidate permits,

4526

general permits, and other regulatory requirements to streamline

4527

the permitting process and result in effective regulation of

4528

aquaculture activities. This process shall provide for a single

4529

application and application fee for marine aquaculture activities

4530

which are regulated by the department. Procedures to consolidate

4531

permitting actions under this section do not constitute rules

4532

within the meaning of s. 120.52.

4533

(3) Until aquaculture general permits under s. 403.814 can

4534

be expanded and developed, the department shall establish

4535

criteria to temporarily permit aquaculture activities that may be

4536

presumed not to result in adverse environmental impacts. The

4537

criteria developed pursuant to this subsection do not constitute

4538

rules within the meaning of s. 120.52. Permit application fees

4539

under this subsection shall be no more than that established for

4540

a general permit. The department may delegate to the water

4541

management districts the regulatory authority for aquaculture

4542

facilities subject to the temporary general permitting criteria

4543

of this subsection. During the period prior to development of a

4544

general permit under s. 403.814, the department shall establish a

4545

compliance plan based on monitoring results that will assist in

4546

the development of the general permit.

4547

(4) The department shall request that the Aquaculture

4548

Review Council identify a working group of industry

4549

representatives who can provide technical assistance in

4550

developing aquaculture general permits. The industry

4551

representatives shall come from the segment of the industry to be

4552

affected by the specific general permit to be developed. The

4553

working group shall be included in all phases of developing the

4554

aquaculture general permits.

4555

(5) The department shall:

4556

(a) Coordinate with the Aquaculture Review Council, the

4557

Aquaculture Interagency Coordinating Council, and the Department

4558

of Agriculture and Consumer Services when developing criteria for

4559

aquaculture general permits.

4560

(b) Permit experimental technologies to collect and

4561

evaluate data necessary to reduce or mitigate environmental

4562

concerns.

4563

4564

information that would be beneficial to the development of

4565

aquaculture.

4566

(6) The Fish and Wildlife Conservation Commission shall

4567

encourage the development of aquaculture in the state through the

4568

following:

4569

(a) Providing assistance in developing technologies

4570

applicable to aquaculture activities, evaluating practicable

4571

production alternatives, and providing management agreements to

4572

develop innovative culture practices.

4573

(b) Facilitating aquaculture research on life histories,

4574

stock enhancement, and alternative species, and providing

4575

research results that would assist in the evaluation,

4576

development, and commercial production of candidate species for

4577

aquaculture, including:

4578

1. Providing eggs, larvae, fry, and fingerlings to

4579

aquaculturists when excess cultured stocks are available from the

4580

commission's facilities and the culture activities are consistent

4581

with the commission's stock enhancement projects. Such stocks may

4582

be obtained by reimbursing the commission for the cost of

4583

production on a per-unit basis. Revenues resulting from the sale

4584

of stocks shall be deposited into the trust fund used to support

4585

the production of such stocks.

4586

2. Conducting research programs to evaluate candidate

4587

species when funding and staff are available.

4588

3. Encouraging the private production of marine fish and

4589

shellfish stocks for the purpose of providing such stocks for

4590

statewide stock enhancement programs. When such stocks become

4591

available, the commission shall reduce or eliminate duplicative

4592

production practices that would result in direct competition with

4593

private commercial producers.

4594

4. Developing a working group, in cooperation with the

4595

Department of Agriculture and Consumer Services, the Aquaculture

4596

Review Council, and the Aquaculture Interagency Coordinating

4597

Council, to plan and facilitate the development of private marine

4598

fish and nonfish hatcheries and to encourage private/public

4599

partnerships to promote the production of marine aquaculture

4600

products.

4601

4602

institutions within the state to advance the aquaculture

4603

production and sale of sturgeon as a food fish.

4604

(7) The Fish and Wildlife Conservation Commission shall

4605

coordinate with the Aquaculture Review Council and the Department

4606

of Agriculture and Consumer Services to establish and implement

4607

grant programs to provide funding for projects and programs that

4608

are identified in the state's aquaculture plan, pending

4609

legislative appropriations. The commission and the Department of

4610

Agriculture and Consumer Services shall establish and implement a

4611

grant program to make grants available to qualified nonprofit,

4612

educational, and research entities or local governments to fund

4613

infrastructure, planning, practical and applied research,

4614

development projects, production economic analysis, and training

4615

and stock enhancement projects, and to make grants available to

4616

counties, municipalities, and other state and local entities for

4617

applied aquaculture projects that are directed to economic

4618

development, pending legislative appropriations.

4619

(8) The Fish and Wildlife Conservation Commission shall

4620

provide assistance to the Department of Agriculture and Consumer

4621

Services in the development of an aquaculture plan for the state.

4622

Section 87. Section 370.31, Florida Statutes, is renumbered

4623

as section 379.2524, Florida Statutes, to read:

4624

379.2524 370.31 Commercial production of sturgeon.--

4625

(1) INTENT.--The Legislature finds and declares that there

4626

is a need to encourage the continuation and advancement of work

4627

being done on aquaculture sturgeon production in keeping with the

4628

state's legislative public policy regarding aquaculture provided

4629

in chapter 597. It also finds that it is in the state's economic

4630

interest to promote the commercial production and stock

4631

enhancement of sturgeon. It is therefore the intent of the

4632

Legislature to hereby create a Sturgeon Production Working Group.

4633

(2) CREATION.--The Sturgeon Production Working Group is

4634

created within the Department of Agriculture and Consumer

4635

Services and shall be composed of seven members as follows:

4636

(a) The head of the sturgeon research program or designee

4637

from the University of Florida, Institute of Food and

4638

Agricultural Sciences. Such member shall be appointed by the

4639

University of Florida's Vice President for Agricultural Affairs.

4640

(b) One representative from the Department of Environmental

4641

Protection to be appointed by the Secretary of Environmental

4642

Protection.

4643

4644

Conservation Commission to be appointed by the executive director

4645

of the Fish and Wildlife Conservation Commission.

4646

(d) One representative from the Department of Agriculture

4647

and Consumer Services to be appointed by the Commissioner of

4648

Agriculture.

4649

(e) Two representatives from the aquaculture industry to be

4650

appointed by the Aquaculture Review Council.

4651

(f) One representative from a private nonprofit

4652

organization involved in sturgeon production work, to be

4653

appointed by the Commissioner of Agriculture.

4654

(3) MEETINGS; PROCEDURES; RECORDS.--The working group shall

4655

meet at least twice a year and elect, by a quorum, a chair and

4656

vice chair.

4657

(a) The chair of the working group shall preside at all

4658

meetings and shall call a meeting as often as necessary to carry

4659

out the provisions of this section.

4660

(b) The Department of Agriculture and Consumer Services

4661

shall keep a complete record of the proceedings of each meeting,

4662

which includes the names of the members present at each meeting

4663

and the actions taken. The records shall be public records

4664

pursuant to chapter 119.

4665

4666

members. Members of the group shall not receive compensation, but

4667

shall be entitled to per diem and travel expenses, including

4668

attendance at meetings, as allowed public officers and employees

4669

pursuant to s. 112.061.

4670

(4) PURPOSE AND RESPONSIBILITIES.--The purpose of the

4671

Sturgeon Production Working Group is to coordinate the

4672

implementation of a state sturgeon production management plan to

4673

promote the commercial production and stock enhancement of

4674

sturgeon in Florida. In carrying out this purpose, the working

4675

group shall:

4676

(a) Establish a state sturgeon production management plan

4677

to inform public or private interested parties of how to

4678

aquaculturally produce sturgeon for commercial purposes and for

4679

stock enhancement. The sturgeon production management plan shall:

4680

1. Provide the regulatory policies for the commercial

4681

production of sturgeon meat and roe, including a strategy for

4682

obtaining the required permits, licenses, authorizations, or

4683

certificates.

4684

2. Provide the management practices for culturing sturgeon

4685

and ensure that aquacultural development does not impede the

4686

recovery and conservation of wild sturgeon populations.

4687

3. Establish priorities for research needed to support the

4688

commercial production of sturgeon and the recovery of native

4689

stocks in the state.

4690

(b) Support management strategies to permit the commercial

4691

production of native and nonnative sturgeon, including the

4692

distribution of captive-bred Gulf sturgeon to approved certified

4693

aquaculture facilities.

4694

4695

conservation program to coordinate conservation, habitat, and

4696

resource management programs for native sturgeon, including an

4697

evaluation of how stock enhancement can facilitate the

4698

conservation and recovery of native sturgeon populations.

4699

(d) Seek federal cooperation to implement the sturgeon

4700

production management plan, including federal designation of

4701

captive-bred sturgeon as distinct population segments to

4702

distinguish cultivated stocks from wild native populations.

4703

(e) Develop enforcement guidelines to ensure continued

4704

protection of wild native sturgeon populations.

4705

(f) In furtherance of the purposes and responsibilities of

4706

the Sturgeon Production Working Group, the state shall:

4707

1. Establish a program to coordinate conservation and

4708

aquaculture activities for native sturgeon.

4709

2. Develop a conservation plan for native sturgeon.

4710

3. Initiate the process to petition for delisting captive-

4711

bred shortnose sturgeon.

4712

4. Initiate the process to petition for delisting captive-

4713

bred Gulf sturgeon.

4714

(g) Establish a sturgeon broodstock committee composed of

4715

fishery scientists, fish farmers, and agency representatives to

4716

manage the taking of wild sturgeon for brood fish and spawning.

4717

(h) Establish the Cooperative Broodstock Development and

4718

Husbandry Board composed of fishery scientists, fish farmers, and

4719

agency representatives to establish standards and criteria for

4720

the management and maintenance of captive-reared sturgeon, to

4721

collect biological data, and to administer the Cooperative

4722

Broodstock Development and Husbandry Program.

4723

Section 88. Section 370.16, Florida Statutes, is renumbered

4724

as section 379.2525, Florida Statutes, and amended to read:

4725

379.2525 370.16 Noncultured shellfish harvesting.--

4726

(1) PROTECTION OF SHELLFISH AQUACULTURE PRODUCTS.--

4727

(a) The Fish and Wildlife Conservation Commission shall

4728

assist in protecting shellfish aquaculture products produced on

4729

leased or granted reefs in the hands of lessees or grantees from

4730

the state. Harvesting shellfish is prohibited within a distance

4731

of 25 feet outside lawfully marked lease boundaries or within

4732

setback and access corridors within specifically designated high-

4733

density aquaculture lease areas and aquaculture use zones.

4734

(b) The department, in cooperation with the commission,

4735

shall provide the Legislature with recommendations as needed for

4736

the development and the proper protection of the rights of the

4737

state and private holders therein with respect to the oyster and

4738

clam business.

4739

(2) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL REEFS;

4740

LICENSES, ETC., PENALTY.--

4741

(a) It is unlawful to use a dredge or any means or

4742

implement other than hand tongs in removing oysters from the

4743

natural or artificial state reefs. This restriction shall apply

4744

to all areas of Apalachicola Bay for all shellfish harvesting,

4745

excluding private grounds leased or granted by the state prior to

4746

July 1, 1989, if the lease or grant specifically authorizes the

4747

use of implements other than hand tongs for harvesting. Except in

4748

Apalachicola Bay, upon the payment of $25 annually, for each

4749

vessel or boat using a dredge or machinery in the gathering of

4750

clams or mussels, a special activity license may be issued by the

4751

Fish and Wildlife Conservation Commission pursuant to s. 379.361

4752

370.06 for such use to such person.

4753

(b) The use of any mechanical harvesting device other than

4754

ordinary hand tongs for taking shellfish for any purpose from

4755

public shellfish beds in Apalachicola Bay shall be unlawful.

4756

4757

the waters of Apalachicola Bay from 5 p.m. until sunrise shall be

4758

unlawful.

4759

(d) Each vessel used for the transport or deployment of a

4760

dredge or scrape shall prominently display the lease or grant

4761

number or numbers, in numerals which are at least 12 inches high

4762

and 6 inches wide, in such a manner that the lease or grant

4763

number or numbers are readily identifiable from both the air and

4764

the water.

4765

(e) Oysters may be harvested from natural or public grounds

4766

by common hand tongs or by hand, by scuba diving, free diving,

4767

leaning from vessels, or wading. In the Apalachicola Bay, this

4768

provision shall apply to all shellfish.

4769

4770

The commission shall apply other statutes, rules, or conditions

4771

necessary to protect the environment and natural resources from

4772

improper transport, deployment, and operation of a dredge or

4773

scrape. Any violation of this subsection or of any other

4774

statutes, rules, or conditions referenced in the special activity

4775

license shall be considered a violation of the license and shall

4776

result in revocation of the license and forfeiture of the bond

4777

submitted to the commission as a prerequisite to the issuance of

4778

this license.

4779

(3) FALSE RETURNS AS TO OYSTERS OR CLAMS HANDLED.--Each

4780

packer, canner, corporation, firm, commission person, or dealer

4781

in fish shall, on the first day of each month, make a return

4782

under oath to the Fish and Wildlife Conservation Commission, as

4783

to the number of oysters, clams, and shellfish purchased, caught,

4784

or handled during the preceding month. Whoever is found guilty of

4785

making any false affidavit to any such report is guilty of

4786

perjury and punished as provided by law, and any person who fails

4787

to make such report shall be punished by a fine not exceeding

4788

$500 or by imprisonment in the county jail not exceeding 6

4789

months.

4790

(4) SEIZURE OF VESSELS AND CARGOES VIOLATING OYSTER AND

4791

CLAM LAWS, ETC.--Vessels, with their cargoes, violating the

4792

provisions of the laws relating to oysters and clams may be

4793

seized by anyone duly and lawfully authorized to make arrests

4794

under this section or by any sheriff or the sheriff's deputies,

4795

and taken into custody, and when not arrested by the sheriff or

4796

the sheriff's deputies, delivered to the sheriff of the county in

4797

which the seizure is made, and shall be liable to forfeiture, on

4798

appropriate proceedings being instituted by the Fish and Wildlife

4799

Conservation Commission, before the courts of that county. In

4800

such case the cargo shall at once be disposed of by the sheriff,

4801

for account of whom it may concern. Should the master or any of

4802

the crew of said vessel be found guilty of using dredges or other

4803

instruments in fishing oysters on natural reefs contrary to law,

4804

or fishing on the natural oyster or clam reefs out of season, or

4805

unlawfully taking oysters or clams belonging to a lessee, such

4806

vessel shall be declared forfeited by the court, and ordered sold

4807

and the proceeds of the sale shall be deposited with the Chief

4808

Financial Officer to the credit of the General Revenue Fund; any

4809

person guilty of such violations shall not be permitted to have

4810

any license provided for in this chapter within a period of 1

4811

year from the date of conviction. Pending proceedings such vessel

4812

may be released upon the owner furnishing bond, with good and

4813

solvent security in double the value of the vessel, conditioned

4814

upon its being returned in good condition to the sheriff to abide

4815

the judgment of the court.

4816

(5) DREDGING OF DEAD SHELLS PROHIBITED.--The dredging of

4817

dead shell deposits is prohibited in the state.

4818

(6) REQUIREMENTS FOR OYSTER VESSELS.--All vessels used for

4819

the harvesting, gathering, or transporting of noncultured oysters

4820

for commercial use shall be constructed and maintained to prevent

4821

contamination or deterioration of oysters. To this end, all such

4822

vessels shall be provided with false bottoms and bulkheads fore

4823

and aft to prevent oysters from coming in contact with any bilge

4824

water. No dogs or other animals shall be allowed at any time on

4825

vessels used to harvest or transport oysters. A violation of any

4826

provision of this subsection shall result in at least the

4827

revocation of the violator's license.

4828

Section 89. Part III of chapter 379, Florida Statutes,

4829

consisting of section 379.28, is created to read:

4830

PART III

4831

FRESHWATER AQUATIC LIFE

4832

4833

Section 90. Section 372.26, Florida Statutes, is renumbered

4834

as section 379.28, Florida Statutes, and amended to read:

4835

379.28 372.26 Imported fish.--

4836

(1) No person shall import into the state or place in any

4837

of the fresh waters of the state any freshwater fish of any

4838

species without having first obtained a permit from the Fish and

4839

Wildlife Conservation Commission. The commission is authorized to

4840

issue or deny such a permit upon the completion of studies of the

4841

species made by it to determine any detrimental effect the

4842

species might have on the ecology of the state.

4843

(2) A person who violates this section commits a Level

4844

Three violation under s. 379.401 372.83.

4845

Section 91. Part IV of chapter 379, Florida Statutes,

4846

consisting of sections 379.3001, 379.3002, 379.3003, 379.3004,

4847

379.3011, 379.3012, 379.3013, 379.3014, 379.3015, 379.3016,

4848

379.3017, 379.302, 379.303, 379.304, 379.305, 379.3061, 379.3062,

4849

and 379.3063, is created to read:

4850

PART IV

4851

WILD ANIMAL LIFE

4852

4853

Section 92. Section 372.0025, Florida Statutes, is

4854

renumbered as section 379.3001, Florida Statutes, to read:

4855

379.3001 372.0025 No net loss of hunting lands.--

4856

(1) As used in this section, the term:

4857

(a) "Commission" means the Fish and Wildlife Conservation

4858

Commission.

4859

(b) "Commission-managed lands" means those lands owned by

4860

the commission, those lands owned by the state over which the

4861

commission holds management authority, or those privately owned

4862

lands that are leased or managed by the commission.

4863

4864

capture, collection, or killing of wildlife or the lawful attempt

4865

to pursue, trap, shoot, capture, collect, or kill wildlife.

4866

(2) Commission-managed lands shall be open to access and

4867

use for hunting except as limited by the commission for reasons

4868

of public safety, fish or wildlife management, or homeland

4869

security or as otherwise limited by law.

4870

(3) The commission, in exercising its authority under the

4871

State Constitution and statutes, shall exercise its authority,

4872

consistent with subsection (2), in a manner that supports,

4873

promotes, and enhances hunting opportunities to the extent

4874

authorized by state law.

4875

(4) Commission land management decisions and actions,

4876

including decisions made by private owners to close hunting land

4877

managed by the commission, shall not result in any net loss of

4878

habitat land acreage available for hunting opportunities on

4879

commission-managed lands that exists on the effective date of

4880

this act. The commission shall expeditiously find replacement

4881

acreage for hunting to compensate for closures of any existing

4882

hunting land. Replacement lands shall, to the greatest extent

4883

possible, be located within the same administrative region of the

4884

commission and shall be consistent with the hunting discipline

4885

that the commission allowed on the closed land.

4886

(5) Any state agency or water management district that owns

4887

or manages lands shall assist and coordinate and cooperate with

4888

the commission to allow hunting on such lands if such lands are

4889

determined by the commission to be suitable for hunting. To

4890

ensure no net loss of land acreage available for hunting, state

4891

agencies and water management districts shall cooperate with the

4892

commission to open new, additional hunting lands to replace lost

4893

hunting acreage. However, lands officially designated as units

4894

within the state park system may not be considered for

4895

replacement hunting lands and may only be opened for hunting when

4896

necessary as a wildlife control or management tool as determined

4897

by the Division of Recreation and Parks in the Department of

4898

Environmental Protection.

4899

(6) By October 1 of each year, the executive director of

4900

the commission shall submit to the Legislature a written report

4901

describing:

4902

(a) The acreage managed by the commission that was closed

4903

to hunting during the previous fiscal year and the reasons for

4904

the closures.

4905

(b) The acreage managed by the commission that was opened

4906

to hunting to compensate for closures of existing land pursuant

4907

to subsection (4).

4908

(7) By October 1 of each year, any state agency or water

4909

management district that owns or manages lands shall submit a

4910

written report to the commission and the Legislature that

4911

includes:

4912

(a) A list of properties that were open for hunting during

4913

the previous fiscal year.

4914

(b) A list of properties that were not open for hunting

4915

during the previous fiscal year.

4916

4917

property is located, except for right-of-way lands and parcels

4918

under 50 acres.

4919

Section 93. Section 372.023, Florida Statutes, is

4920

renumbered as section 379.3002, Florida Statutes, to read:

4921

379.3002 372.023 J. W. Corbett and Cecil M. Webb Wildlife

4922

Management Areas.--

4923

(1) The Fish and Wildlife Conservation Commission of this

4924

state is neither authorized nor empowered to do the following as

4925

to the J. W. Corbett Wildlife Management Area in Palm Beach

4926

County or the Cecil M. Webb Wildlife Management Area without the

4927

approval of the Board of Trustees of the Internal Improvement

4928

Trust Fund that such action is in the best interest of orderly

4929

and economical development of said area, viz.:

4930

(a) To trade, barter, lease, or exchange lands therein for

4931

lands of greater acreage contiguous to said wildlife management

4932

areas.

4933

(b) To grant easements for construction and maintenance of

4934

roads, railroads, canals, ditches, dikes, and utilities,

4935

including but not limited to telephone, telegraph, oil, gas,

4936

electric power, water, and sewers.

4937

4938

phosphate, minerals, metals, and petroleum that is or may be in,

4939

on or under any lands traded, bartered, leased, or exchanged

4940

pursuant to paragraph (a).

4941

(2) The Board of Trustees of the Internal Improvement Trust

4942

Fund and the State Board of Education and all and every board,

4943

state department or state agency of the state having any title,

4944

right and interest in or to the land including oil and mineral

4945

rights in the lands to be traded, bartered, leased or exchanged

4946

within the J. W. Corbett Wildlife Management Area in Palm Beach

4947

County, is authorized and empowered to convey this interest of

4948

whatsoever nature to the record owner.

4949

(3) Moneys received from the sale of lands within either

4950

wildlife management area, less reasonable expenses incident to

4951

the sale, shall be used by the Fish and Wildlife Conservation

4952

Commission to acquire acreage contiguous to the wildlife

4953

management area or lands of equal wildlife value. The sale shall

4954

be made directly to the state, notwithstanding the procedures of

4955

s. 270.08 to the contrary.

4956

Section 94. Section 372.988, Florida Statutes, is

4957

renumbered as section 379.3003, Florida Statutes, and amended to

4958

read:

4959

379.3003 372.988 Required clothing for persons hunting

4960

deer.--It is a Level One violation under s. 379.401 372.83 for

4961

any person to hunt deer, or for any person to accompany another

4962

person hunting deer, during the open season for the taking of

4963

deer on public lands unless each person shall wear a total of at

4964

least 500 square inches of daylight fluorescent orange material

4965

as an outer garment. Such clothing shall be worn above the

4966

waistline and may include a head covering. The provisions of this

4967

section shall not apply to any person hunting deer with a bow and

4968

arrow during seasons restricted to hunting with a bow and arrow.

4969

Section 95. Section 372.7016, Florida Statutes, is

4970

renumbered as section 379.3004, Florida Statutes, and amended to

4971

read:

4972

379.3004 372.7016 Voluntary Authorized Hunter

4973

Identification Program.--

4974

(1) There is created the "Voluntary Authorized Hunter

4975

Identification Program" to assist landowners and law enforcement

4976

officials in better controlling trespass and illegal or

4977

unauthorized hunting. Landowners wishing to participate in the

4978

program shall:

4979

(a) Annually notify the sheriff's office in the county in

4980

which the land is situated and the respective area supervisor of

4981

the Fish and Wildlife Conservation Commission by letter of their

4982

desire to participate in the program, and provide a description

4983

of their property which they wish to have in the program by

4984

township, range, section, partial section, or other geographical

4985

description.

4986

(b) Provide a means of identifying authorized hunters as

4987

provided in subsection (2).

4988

(2) Any person hunting on private land enrolled in the

4989

Voluntary Authorized Hunter Identification Program shall have

4990

readily available on the land at all times when hunting on the

4991

property written authorization from the owner or his or her

4992

authorized representative to be on the land for the purpose of

4993

hunting. The written authorization shall be presented on demand

4994

to any law enforcement officer, the owner, or the authorized

4995

agent of the owner.

4996

(a) For purposes of this section, the term "hunting" means

4997

to be engaged in or reasonably equipped to engage in the pursuit

4998

or taking by any means of any animal described in s. 379.101 (19)

4999

or (20) 372.001(10) or (11), and the term "written authorization"

5000

means a card, letter, or other written instrument which shall

5001

include, but need not be limited to, the name of the person or

5002

entity owning the property, the name and signature of the person

5003

granting the authorization, a description by township, range,

5004

section, partial section, or other geographical description of

5005

the land to which the authorization applies, and a statement of

5006

the time period during which the authorization is valid.

5007

(b) Failure by any person hunting on private land enrolled

5008

in the program to present written authorization to hunt on said

5009

land to any law enforcement officer or the owner or

5010

representative thereof within 7 days of demand shall be prima

5011

facie evidence of violation of s. 810.09(2)(c), punishable as

5012

provided in s. 775.082, s. 775.083, or s. 775.084. However, such

5013

evidence may be contradicted or rebutted by other evidence.

5014

Section 96. Section 372.6671, Florida Statutes, is

5015

renumbered as section 379.3011, Florida Statutes, and amended to

5016

read:

5017

379.3011 372.6671 Alligator trapping program;

5018

definitions.--Unless otherwise provided by a specific section or

5019

the context otherwise requires, as used in ss. 379.3011,

5020

379.3012, 379.3751, and 379.3752 372.6671-372.6674, the following

5021

definitions shall apply:

5022

(1) "Alligator" means a member of the species of alligator

5023

(Alligator mississippiensis) but does not mean its eggs.

5024

(2) "Alligator hatchling" means a juvenile alligator as

5025

more specifically defined by commission rule.

5026

(3) "Process" or "processing" means the skinning,

5027

butchering, or possession of alligators.

5028

Section 97. Section 372.6672, Florida Statutes, is

5029

renumbered as section 379.3012, Florida Statutes, to read:

5030

379.3012 372.6672 Alligator management and trapping program

5031

implementation; commission authority.--

5032

(1) In any alligator management and trapping program that

5033

the Fish and Wildlife Conservation Commission shall establish,

5034

the commission shall have the authority to adopt all rules

5035

necessary for full and complete implementation of such alligator

5036

management and trapping program, and, in order to ensure its

5037

lawful, safe, and efficient operation in accordance therewith,

5038

may:

5039

(a) Regulate the marketing and sale of alligators, their

5040

hides, eggs, meat, and byproducts, including the development and

5041

maintenance of a state-sanctioned sale.

5042

(b) Regulate the handling and processing of alligators,

5043

their eggs, hides, meat, and byproducts, for the lawful, safe,

5044

and sanitary handling and processing of same.

5045

5046

operations for the captive propagation and rearing of alligators

5047

and their eggs.

5048

(d) Provide hide-grading services by two or more

5049

individuals pursuant to state-sanctioned sales if rules are first

5050

promulgated by the commission governing:

5051

1. All grading-related services to be provided pursuant to

5052

this section;

5053

2. Criteria for qualifications of persons to serve as hide-

5054

graders for grading services to be provided pursuant to this

5055

section; and

5056

3. The certification process by which hide-graders

5057

providing services pursuant to this section will be certified.

5058

(e) Provide sales-related services by contract pursuant to

5059

state-sanctioned sales if rules governing such services are first

5060

promulgated by the commission.

5061

(2) All contractors of the commission for the grading,

5062

marketing, and sale of alligators and their hides, eggs, meat,

5063

and byproducts shall not engage in any act constituting a

5064

conflict of interest under part III of chapter 112.

5065

(3) The powers and duties of the commission hereunder shall

5066

not be construed so as to supersede the regulatory authority or

5067

lawful responsibility of the Department of Agriculture and

5068

Consumer Services, the Department of Health, or any local

5069

governmental entity regarding the processing or handling of food

5070

products, but shall be deemed supplemental thereto.

5071

Section 98. Section 372.6678, Florida Statutes, is

5072

renumbered as section 379.3013, Florida Statutes, to read:

5073

379.3013 372.6678 Alligator study requirements.--The

5074

commission shall conduct studies of all areas of the state which

5075

it intends to open to alligator collection permits. The study

5076

shall include individual wet areas, lakes, and rivers, or

5077

reasonable numbers of wet areas, lakes, and rivers that may be

5078

logically grouped. The studies shall determine the safe yield of

5079

alligators for which collection permits may be issued. The

5080

studies shall be based upon the best biological information that

5081

indicates the number of alligators which can be removed from the

5082

system without long-term adverse impacts on population levels.

5083

Section 99. Section 372.662, Florida Statutes, is

5084

renumbered as section 379.3014, Florida Statutes, and amended to

5085

read:

5086

379.3014 372.662 Unlawful sale, possession, or transporting

5087

of alligators or alligator skins.--Whenever the sale, possession,

5088

or transporting of alligators or alligator skins is prohibited by

5089

any law of this state, or by the rules, regulations, or orders of

5090

the Fish and Wildlife Conservation Commission adopted pursuant to

5091

s. 9, Art. IV of the State Constitution, the sale, possession, or

5092

transporting of alligators or alligator skins is a Level Three

5093

violation under s. 379.401 372.83.

5094

Section 100. Section 372.664, Florida Statutes, is

5095

renumbered as section 379.3015, Florida Statutes, to read:

5096

379.3015 372.664 Prima facie evidence of intent to violate

5097

laws protecting alligators.--Except as otherwise provided by rule

5098

of the Fish and Wildlife Conservation Commission for the purpose

5099

of the limited collection of alligators in designated areas, the

5100

display or use of a light in a place where alligators might be

5101

known to inhabit in a manner capable of disclosing the presence

5102

of alligators, together with the possession of firearms, spear

5103

guns, gigs, and harpoons customarily used for the taking of

5104

alligators, during the period between 1 hour after sunset and 1

5105

hour before sunrise shall be prima facie evidence of an intent to

5106

violate the provisions of law regarding the protection of

5107

alligators.

5108

Section 101. Section 372.6645, Florida Statutes, is

5109

renumbered as section 379.3016, Florida Statutes, to read:

5110

379.3016 372.6645 Unlawful to sell alligator products;

5111

penalty.--

5112

(1) It is unlawful for any person to sell any alligator

5113

product manufactured in the form of a stuffed baby alligator or

5114

other baby crocodilia.

5115

(2) No person shall sell any alligator product manufactured

5116

from a species which has been declared to be endangered by the

5117

United States Fish and Wildlife Service or the Fish and Wildlife

5118

Conservation Commission.

5119

(3) Any person who violates this section is guilty of a

5120

misdemeanor of the first degree, punishable as provided in s.

5121

775.082 or s. 775.083.

5122

Section 102. Section 372.665, Florida Statutes, is

5123

renumbered as section 379.3017, Florida Statutes, to read:

5124

379.3017 372.665 Word "alligator" or "gator" not to be used

5125

in certain sales.--It is unlawful for any person to use the word

5126

"gator" or "alligator" in connection with the sale of any product

5127

derived or made from the skins of other crocodilia or in

5128

connection with the sale of other crocodilia. Any person

5129

violating this section shall, upon conviction, be guilty of a

5130

misdemeanor.

5131

Section 103. Section 372.16, Florida Statutes, is

5132

renumbered as section 379.302, Florida Statutes, and amended to

5133

read:

5134

379.302 372.16 Private game preserves and farms;

5135

regulations; penalties penalty.--

5136

(1) Any person owning land in this state may establish,

5137

maintain, and operate within the boundaries thereof, a private

5138

preserve and farm, not exceeding an area of 640 acres, for the

5139

protection, preservation, propagation, rearing, and production of

5140

game birds and animals for private and commercial purposes,

5141

provided that no two game preserves shall join each other or be

5142

connected. Before any private game preserve or farm is

5143

established, the owner or operator shall secure a license from

5144

the commission, the fee for which is $50 per year.

5145

(2) All private game preserves or farms established under

5146

the provisions of this section shall be fenced in such manner

5147

that domestic game thereon may not escape and wild game on

5148

surrounding lands may not enter and shall be subject at any time

5149

to inspection by the Fish and Wildlife Conservation Commission,

5150

or its conservation officers. Such private preserve or farm shall

5151

be equipped and operated in such manner as to provide sufficient

5152

food and humane treatment for the game kept thereon. Game reared

5153

or produced on private game preserves and farms shall be

5154

considered domestic game and private property and may be sold or

5155

disposed of as such and shall be the subject of larceny. Live

5156

game may be purchased, sold, shipped, and transported for

5157

propagation and restocking purposes only at any time. Such game

5158

may be sold for food purposes only during the open season

5159

provided by law for such game. All game killed must be killed on

5160

the premises of such private game preserve or farm and must be

5161

killed by means other than shooting, except during the open

5162

season. All domestic game sold for food purposes must be marked

5163

or tagged in a manner prescribed by the Fish and Wildlife

5164

Conservation Commission; and the owner or operator of such

5165

private game preserve or farm shall report to the said

5166

commission, on blanks to be furnished by it, each sale or

5167

shipment of domestic game, such reports showing the quantity and

5168

kind of game shipped or sold and to whom sold. Such report shall

5169

be made not later than 5 days following such sale or shipment.

5170

Game reared or produced as aforesaid may be served as such by

5171

hotels, restaurants, or other public eating places during the

5172

open season provided by law on such particular species of game,

5173

under such regulations as the commission may prescribe.

5174

(3) It is unlawful for any common carrier to knowingly

5175

transport or receive for transportation any domestic game unless

5176

the package or container containing such shipment has attached

5177

thereto a permit for such shipment and such package or container

5178

shall be marked on the outside showing quantity and kind of game

5179

enclosed.

5180

(4) Any person violating this section for the first offense

5181

commits a misdemeanor of the second degree, punishable as

5182

provided in s. 775.082 or s. 775.083, and for a second or

5183

subsequent offense commits a misdemeanor of the first degree,

5184

punishable as provided in s. 775.082 or s. 775.083. Any person

5185

convicted of violating this section shall forfeit to the

5186

commission any license issued under this section; and no further

5187

license shall be issued to such person for a period of 1 year

5188

following such conviction.

5189

Section 104. Subsections (3)and (4) of section 372.922,

5190

Florida Statutes, are renumbered as section 379.303, Florida

5191

Statutes, and amended to read:

5192

379.303 Classification of wildlife; seizure of captive

5193

wildlife.--

5194

(1)(3) The commission shall promulgate rules defining Class

5195

I, Class II, and Class III types of wildlife. The commission

5196

shall also establish rules and requirements necessary to ensure

5197

that permits are granted only to persons qualified to possess and

5198

care properly for wildlife and that permitted wildlife possessed

5199

as personal pets will be maintained in sanitary surroundings and

5200

appropriate neighborhoods.

5201

(2)(4) In instances where wildlife is seized or taken into

5202

custody by the commission, said owner or possessor of such

5203

wildlife shall be responsible for payment of all expenses

5204

relative to the capture, transport, boarding, veterinary care, or

5205

other costs associated with or incurred due to seizure or custody

5206

of wildlife. Such expenses shall be paid by said owner or

5207

possessor upon any conviction or finding of guilt of a criminal

5208

or noncriminal violation, regardless of adjudication or plea

5209

entered, of any provision of chapter 828 or this chapter, or rule

5210

of the commission or if such violation is disposed of under s.

5211

921.187. Failure to pay such expense may be grounds for

5212

revocation or denial of permits to such individual to possess

5213

wildlife.

5214

Section 105. Subsections (4), (5), (6), (9), and (10) of

5215

section 372.921, Florida Statutes, are renumbered as section

5216

379.304, Florida Statutes, and amended to read:

5217

379.304 372.921 Exhibition or sale of wildlife.--

5218

(1)(4) Permits issued pursuant to this section and places

5219

where wildlife is kept or held in captivity shall be subject to

5220

inspection by officers of the commission at all times. The

5221

commission shall have the power to release or confiscate any

5222

specimens of any wildlife, specifically birds, mammals,

5223

amphibians, or reptiles, whether indigenous to the state or not,

5224

when it is found that conditions under which they are being

5225

confined are unsanitary, or unsafe to the public in any manner,

5226

or that the species of wildlife are being maltreated, mistreated,

5227

or neglected or kept in any manner contrary to the provisions of

5228

chapter 828, any such permit to the contrary notwithstanding.

5229

Before any such wildlife is confiscated or released under the

5230

authority of this section, the owner thereof shall have been

5231

advised in writing of the existence of such unsatisfactory

5232

conditions; the owner shall have been given 30 days in which to

5233

correct such conditions; the owner shall have failed to correct

5234

such conditions; the owner shall have had an opportunity for a

5235

proceeding pursuant to chapter 120; and the commission shall have

5236

ordered such confiscation or release after careful consideration

5237

of all evidence in the particular case in question. The final

5238

order of the commission shall constitute final agency action.

5239

(2)(5) In instances where wildlife is seized or taken into

5240

custody by the commission, said owner or possessor of such

5241

wildlife shall be responsible for payment of all expenses

5242

relative to the capture, transport, boarding, veterinary care, or

5243

other costs associated with or incurred due to seizure or custody

5244

of wildlife. Such expenses shall be paid by said owner or

5245

possessor upon any conviction or finding of guilt of a criminal

5246

or noncriminal violation, regardless of adjudication or plea

5247

entered, of any provision of chapter 828 or this chapter, or rule

5248

of the commission or if such violation is disposed of under s.

5249

921.187. Failure to pay such expense may be grounds for

5250

revocation or denial of permits to such individual to possess

5251

wildlife.

5252

(3)(6) Any animal on exhibit of a type capable of

5253

contracting or transmitting rabies shall be immunized against

5254

rabies.

5255

(4)(9) The commission is authorized to adopt rules pursuant

5256

to ss. 120.536(1) and 120.54 to implement the provisions of this

5257

section.

5258

(5)(10) A violation of this section is punishable as

5259

provided by s. 379.401 372.83.

5260

Section 106. Section 372.92, Florida Statutes, is

5261

renumbered as section 379.305, Florida Statutes, and amended to

5262

read:

5263

379.305 372.92 Rules and regulations; penalties.--

5264

(1) The Fish and Wildlife Conservation Commission may

5265

prescribe such other rules and regulations as it may deem

5266

necessary to prevent the escape of venomous reptiles or reptiles

5267

of concern, either in connection of construction of such cages or

5268

otherwise to carry out the intent of ss. 379.372-379.374 372.86-

5269

372.88.

5270

(2) A person who knowingly releases a nonnative venomous

5271

reptile or reptile of concern to the wild or who through gross

5272

negligence allows a nonnative venomous reptile or reptile of

5273

concern to escape commits a Level Three violation, punishable as

5274

provided in s. 379.4015 372.935.

5275

Section 107. Section 372.673, Florida Statutes, is

5276

renumbered as section 379.3061, Florida Statutes, to read:

5277

379.3061 372.673 Florida Panther Technical Advisory

5278

Council.--

5279

(1) The Florida Panther Technical Advisory Council is

5280

established within the Fish and Wildlife Conservation Commission.

5281

The council shall be appointed by the Governor and shall consist

5282

of seven members with technical knowledge and expertise in the

5283

research and management of large mammals.

5284

(a) Two members shall represent state or federal agencies

5285

responsible for management of endangered species; two members,

5286

who must have specific experience in the research and management

5287

of large felines or large mammals, shall be appointed from

5288

universities, colleges, or associated institutions; and three

5289

members, with similar expertise, shall be appointed from the

5290

public at large.

5291

(b) As soon as practicable after July 1, 1983, one member

5292

representing a state or federal agency and one member appointed

5293

from a university, college, or associated institution shall be

5294

appointed for terms ending August 1, 1985, and the remaining

5295

members shall be appointed for terms ending August 1, 1987.

5296

Thereafter, all appointments shall be for 4-year terms. If a

5297

vacancy occurs, a member shall be appointed for the remainder of

5298

the unexpired term. A member whose term has expired shall

5299

continue sitting on the council with full rights until a

5300

replacement has been appointed.

5301

5302

112.061 but shall receive no additional compensation or

5303

honorarium.

5304

(2) The purposes of the council are:

5305

(a) To serve in an advisory capacity to the Fish and

5306

Wildlife Conservation Commission on technical matters of

5307

relevance to the Florida panther recovery program, and to

5308

recommend specific actions that should be taken to accomplish the

5309

purposes of this act.

5310

(b) To review and comment on research and management

5311

programs and practices to identify potential harm to the Florida

5312

panther population.

5313

5314

of the status and development of the Florida panther recovery

5315

program.

5316

Section 108. Section 372.5714, Florida Statutes, is

5317

renumbered as section 379.3062, Florida Statutes, and amended to

5318

read:

5319

379.3062 372.5714 Waterfowl Advisory Council.--

5320

(1) There is created a Waterfowl Advisory Council

5321

consisting of three members, one appointed by the Governor, one

5322

appointed by the Speaker of the House of Representatives, and one

5323

appointed by the President of the Senate. Members may be

5324

representative of appropriate state agencies, private

5325

conservation groups, or private citizens and shall possess

5326

knowledge and experience in the area of waterfowl management and

5327

protection. Members shall be appointed for 4-year, staggered

5328

terms and shall be eligible for reappointment. A vacancy shall be

5329

filled by appointment for the remainder of the unexpired term.

5330

(2) The council shall meet at least once a year either in

5331

person or by a telephone conference call, shall elect a chair

5332

annually to preside over its meetings and perform any other

5333

duties directed by the council, and shall maintain minutes of

5334

each meeting. All records of council activities shall be kept on

5335

file with the Fish and Wildlife Conservation Commission and shall

5336

be made available to any interested person. The Fish and Wildlife

5337

Conservation Commission shall provide such staff support as is

5338

necessary to the council to carry out its duties. Members of the

5339

council shall serve without compensation, but shall be reimbursed

5340

for per diem and travel expenses as provided in s. 112.061 when

5341

carrying out the official business of the council.

5342

(3) It shall be the duty of the council to advise the

5343

commission regarding the administration of revenues generated by

5344

the sale of the Florida waterfowl permit provided for by s.

5345

379.2211 372.5712. In particular, the council shall consult with

5346

and advise the commission with respect to the establishment and

5347

operation of projects for the protection and propagation of

5348

migratory waterfowl and the development, restoration,

5349

maintenance, and preservation of wetlands within the state, to be

5350

financed by such revenues as specified in said section.

5351

Section 109. Section 372.992, Florida Statutes, is

5352

renumbered as section 379.3063, Florida Statutes, to read:

5353

379.3063 372.992 Nongame Wildlife Advisory Council.--

5354

(1) There is created the Nongame Wildlife Advisory Council,

5355

which shall consist of the following 11 members appointed by the

5356

Governor: one representative each from the Fish and Wildlife

5357

Conservation Commission, the Department of Environmental

5358

Protection, and the United States Fish and Wildlife Services; the

5359

director of the Florida Museum of Natural History or her or his

5360

designee; one representative from a professional wildlife

5361

organization; one representative from a private wildlife

5362

institution; one representative from a Florida university or

5363

college who has expertise in nongame biology; one representative

5364

of business interests from a private consulting firm who has

5365

expertise in nongame biology; one representative of a statewide

5366

organization of landowner interests; and two members from

5367

conservation organizations. All appointments shall be for 4-year

5368

terms. Members shall be eligible for reappointment.

5369

(2) The council shall recommend to the commission policies,

5370

objectives, and specific actions for nongame wildlife research

5371

and management.

5372

(3) Members of the council shall receive no compensation

5373

but shall be entitled to receive per diem and travel expenses as

5374

provided in s. 112.061, while carrying out official business with

5375

the council, from funds provided under s. 379.209 372.991.

5376

Section 110. Part V of chapter 379, Florida Statutes,

5377

consisting of sections 379.33, 379.3311, 379.3312, 379.3313,

5378

379.332, 379.333, 379.334, 379.335, 379.336, 379.337, 379.338,

5379

379.339, 379.340, 379.341, 379.342, and 379.343, is created to

5380

read:

5381

PART V

5382

LAW ENFORCEMENT

5383

5384

Section 111. Section 370.028, Florida Statutes, is

5385

renumbered as section 379.33, Florida Statutes, and amended to

5386

read:

5387

379.33 370.028 Enforcement of commission rules; penalties

5388

for violation of rule.--Rules of the Fish and Wildlife

5389

Conservation Commission shall be enforced by any law enforcement

5390

officer certified pursuant to s. 943.13. Except as provided under

5391

s. 379.401 372.83, any person who violates or otherwise fails to

5392

comply with any rule adopted by the commission shall be punished

5393

pursuant to s. 379.407 (1) 370.021(1).

5394

Section 112. Section 372.07, Florida Statutes, is

5395

renumbered as section 379.3311, Florida Statutes, to read:

5396

379.3311 372.07 Police powers of commission and its

5397

agents.--

5398

(1) The Fish and Wildlife Conservation Commission, the

5399

executive director and the executive director's assistants

5400

designated by her or him, and each wildlife officer are

5401

constituted peace officers with the power to make arrests for

5402

violations of the laws of this state when committed in the

5403

presence of the officer or when committed on lands under the

5404

supervision and management of the commission. The general laws

5405

applicable to arrests by peace officers of this state shall also

5406

be applicable to said director, assistants, and wildlife

5407

officers. Such persons may enter upon any land or waters of the

5408

state for performance of their lawful duties and may take with

5409

them any necessary equipment, and such entry shall not constitute

5410

a trespass.

5411

(2) Such officers shall have power and authority to enforce

5412

throughout the state all laws relating to game, nongame birds,

5413

fish, and fur-bearing animals and all rules and regulations of

5414

the Fish and Wildlife Conservation Commission relating to wild

5415

animal life, marine life, and freshwater aquatic life, and in

5416

connection with said laws, rules, and regulations, in the

5417

enforcement thereof and in the performance of their duties

5418

thereunder, to:

5419

(a) Go upon all premises, posted or otherwise;

5420

(b) Execute warrants and search warrants for the violation

5421

of said laws;

5422

5423

investigation, and trial of all offenses against said laws;

5424

(d) Carry firearms or other weapons, concealed or

5425

otherwise, in the performance of their duties;

5426

(e) Arrest upon probable cause without warrant any person

5427

found in the act of violating any of the provisions of said laws

5428

or, in pursuit immediately following such violations, to examine

5429

any person, boat, conveyance, vehicle, game bag, game coat, or

5430

other receptacle for wild animal life, marine life, or freshwater

5431

aquatic life, or any camp, tent, cabin, or roster, in the

5432

presence of any person stopping at or belonging to such camp,

5433

tent, cabin, or roster, when said officer has reason to believe,

5434

and has exhibited her or his authority and stated to the

5435

suspected person in charge the officer's reason for believing,

5436

that any of the aforesaid laws have been violated at such c

5437

(f) Secure and execute search warrants and in pursuance

5438

thereof to enter any building, enclosure, or car and to break

5439

open, when found necessary, any apartment, chest, locker, box,

5440

trunk, crate, basket, bag, package, or container and examine the

5441

contents thereof;

5442

(g) Seize and take possession of all wild animal life,

5443

marine life, or freshwater aquatic life taken or in possession or

5444

under control of, or shipped or about to be shipped by, any

5445

person at any time in any manner contrary to said laws.

5446

(3) It is unlawful for any person to resist an arrest

5447

authorized by this section or in any manner to interfere, either

5448

by abetting, assisting such resistance, or otherwise interfering

5449

with said executive director, assistants, or wildlife officers

5450

while engaged in the performance of the duties imposed upon them

5451

by law or regulation of the Fish and Wildlife Conservation

5452

Commission.

5453

(4) Upon final disposition of any alleged offense for which

5454

a citation for any violation of this chapter or the rules of the

5455

commission has been issued, the court shall, within 10 days after

5456

the final disposition of the action, certify the disposition to

5457

the commission.

5458

Section 113. Section 372.071, Florida Statutes, is

5459

renumbered as section 379.3312, Florida Statutes, and amended to

5460

read:

5461

379.3312 372.071 Powers of arrest by agents of Department

5462

of Environmental Protection or Fish and Wildlife Conservation

5463

Commission.--Any certified law enforcement officer of the

5464

Department of Environmental Protection or the Fish and Wildlife

5465

Conservation Commission, upon receiving information, relayed to

5466

her or him from any law enforcement officer stationed on the

5467

ground, on the water, or in the air, that a driver, operator, or

5468

occupant of any vehicle, boat, or airboat has violated any

5469

section of chapter 327, chapter 328, chapter 370, or this

5470

chapter, or s. 597.010 or s. 597.020, may arrest the driver,

5471

operator, or occupant for violation of said laws when reasonable

5472

and proper identification of the vehicle, boat, or airboat and

5473

reasonable and probable grounds to believe that the driver,

5474

operator, or occupant has committed or is committing any such

5475

offense have been communicated to the arresting officer by the

5476

other officer stationed on the ground, on the water, or in the

5477

air.

5478

Section 114. Subsection(8) of section 370.021, Florida

5479

Statutes, is renumbered as section 379.3313, Florida Statutes,

5480

and amended to read:

5481

379.3313 Powers of commission law enforcement officers.--

5482

(8) POWERS OF OFFICERS.--

5483

(1)(a) Law enforcement officers of the commission are

5484

constituted law enforcement officers of this state with full

5485

power to investigate and arrest for any violation of the laws of

5486

this state and the rules of the commission under their

5487

jurisdiction. The general laws applicable to arrests by peace

5488

officers of this state shall also be applicable to law

5489

enforcement officers of the commission. Such law enforcement

5490

officers may enter upon any land or waters of the state for

5491

performance of their lawful duties and may take with them any

5492

necessary equipment, and such entry will not constitute a

5493

trespass. It is lawful for any boat, motor vehicle, or aircraft

5494

owned or chartered by the commission or its agents or employees

5495

to land on and depart from any of the beaches or waters of the

5496

state. Such law enforcement officers have the authority, without

5497

warrant, to board, inspect, and search any boat, fishing

5498

appliance, storage or processing plant, fishhouse, spongehouse,

5499

oysterhouse, or other warehouse, building, or vehicle engaged in

5500

transporting or storing any fish or fishery products. Such

5501

authority to search and inspect without a search warrant is

5502

limited to those cases in which such law enforcement officers

5503

have reason to believe that fish or any saltwater products are

5504

taken or kept for sale, barter, transportation, or other purposes

5505

in violation of laws or rules promulgated under this law. Any

5506

such law enforcement officer may at any time seize or take

5507

possession of any saltwater products or contraband which have

5508

been unlawfully caught, taken, or processed or which are

5509

unlawfully possessed or transported in violation of any of the

5510

laws of this state or any rule of the commission. Such law

5511

enforcement officers may arrest any person in the act of

5512

violating any of the provisions of this law, the rules of the

5513

commission, or any of the laws of this state. It is hereby

5514

declared unlawful for any person to resist such arrest or in any

5515

manner interfere, either by abetting or assisting such resistance

5516

or otherwise interfering, with any such law enforcement officer

5517

while engaged in the performance of the duties imposed upon him

5518

or her by law or rule of the commission.

5519

(2)(b) The Legislature finds that the checking and

5520

inspection of saltwater products aboard vessels is critical to

5521

good fishery management and conservation and that, because almost

5522

all saltwater products are either iced or cooled in closed areas

5523

or containers, the enforcement of seasons, size limits, and bag

5524

limits can only be effective when inspection of saltwater

5525

products so stored is immediate and routine. Therefore, in

5526

addition to the authority granted in subsection (1), a law

5527

enforcement officer of the commission who has probable cause to

5528

believe that the vessel has been used for fishing prior to the

5529

inspection shall have full authority to open and inspect all

5530

containers or areas where saltwater products are normally kept

5531

aboard vessels while such vessels are on the water, such as

5532

refrigerated or iced locations, coolers, fish boxes, and bait

5533

wells, but specifically excluding such containers that are

5534

located in sleeping or living areas of the vessel.

5535

Section 115. Section 372.70, Florida Statutes, is

5536

renumbered as section 379.332, Florida Statutes, to read:

5537

379.332 372.70 Prosecutions; state attorney to represent

5538

state.--

5539

(1) The prosecuting officers of the several courts of

5540

criminal jurisdiction of this state shall investigate and

5541

prosecute all violations of the laws relating to game, freshwater

5542

fish, nongame birds, and fur-bearing animals which may be brought

5543

to their attention by the commission or its conservation

5544

officers, or which may otherwise come to their knowledge.

5545

(2) The state attorney shall represent the state in any

5546

forfeiture proceeding under this chapter. The Department of Legal

5547

Affairs shall represent the state in all appeals from judgments

5548

of forfeiture to the Supreme Court. The state may appeal any

5549

judgment denying forfeiture in whole or in part that may be

5550

otherwise adverse to the state.

5551

Section 116. Section 372.701, Florida Statutes, is

5552

renumbered as section 379.333, Florida Statutes, to read:

5553

379.333 372.701 Arrest by officers of the Fish and Wildlife

5554

Conservation Commission; recognizance; cash bond; citation.--

5555

(1) In all cases of arrest by officers of the Fish and

5556

Wildlife Conservation Commission and the Department of

5557

Environmental Protection, the person arrested shall be delivered

5558

forthwith by said officer to the sheriff of the county, or shall

5559

obtain from such person arrested a recognizance or, if deemed

5560

necessary, a cash bond or other sufficient security conditioned

5561

for her or his appearance before the proper tribunal of such

5562

county to answer the charge for which the person has been

5563

arrested.

5564

(2) All officers of the commission and the department are

5565

hereby directed to deliver all bonds accepted and approved by

5566

them to the sheriff of the county in which the offense is alleged

5567

to have been committed.

5568

(3) Any person so arrested and released on her or his own

5569

recognizance by an officer and who shall fail to appear or

5570

respond to the proper citation to appear, shall, in addition to

5571

the charge relating to wildlife or freshwater fish, be charged

5572

with that offense of failing to respond to such citation and,

5573

upon conviction, be punished as for a misdemeanor. A written

5574

warning to this effect shall be given at the time of arrest of

5575

such person.

5576

Section 117. Section 372.76, Florida Statutes, is

5577

renumbered as section 379.334, Florida Statutes, to read:

5578

379.334 372.76 Search and seizure authorized and

5579

limited.--The Fish and Wildlife Conservation Commission and its

5580

conservation officers shall have authority when they have

5581

reasonable and probable cause to believe that the provisions of

5582

this chapter have been violated, to board any vessel, boat, or

5583

vehicle or to enter any fishhouse or warehouse or other building,

5584

exclusive of residence, in which game, hides, fur-bearing

5585

animals, fish, or fish nets are kept and to search for and seize

5586

any such game, hides, fur-bearing animals, fish, or fish nets had

5587

or held therein in violation of law. Provided, however, that no

5588

search without warrant shall be made under any of the provisions

5589

of this chapter, unless the officer making such search has such

5590

information from a reliable source as would lead a prudent and

5591

cautious person to believe that some provision of this chapter is

5592

being violated.

5593

Section 118. Section 372.761, Florida Statutes, is

5594

renumbered as section 379.335, Florida Statutes, to read:

5595

379.335 372.761 Issuance of warrant for search of private

5596

dwelling.--

5597

(1) A search warrant may be issued on application by a

5598

commissioned officer of the Fish and Wildlife Conservation

5599

Commission to search any private dwelling occupied as such when

5600

it is being used for the unlawful sale or purchase of wildlife or

5601

freshwater fish being unlawfully kept therein. The term "private

5602

dwelling" shall be construed to include the room or rooms used

5603

and occupied, not transiently but solely as a residence, in an

5604

apartment house, hotel, boardinghouse, or lodginghouse. No

5605

warrant for the search of any private dwelling shall be issued

5606

except upon probable cause supported by sworn affidavit of some

5607

creditable witness that she or he has reason to believe that the

5608

said conditions exist, which affidavit shall set forth the facts

5609

on which such reason for belief is based.

5610

(2) This section shall not be construed as being in

5611

conflict with, but is supplemental to, chapter 933.

5612

Section 119. Section 370.22, Florida Statutes, is

5613

renumbered as section 379.336, Florida Statutes, to read:

5614

379.336 370.22 Venue for proceedings against citizens and

5615

residents charged with violations outside state boundaries.--

5616

(1) In any proceeding against a resident or citizen of the

5617

state to enforce the provisions of this chapter with respect to

5618

alleged violations occurring beyond the territorial waters of the

5619

state, the proper venue shall be the county within the state

5620

which is nearest the site of the violation.

5621

(2) For the purpose of this section, any person having

5622

embarked from, or having docked his or her vessel in, a port

5623

within this state who violates any provision of this chapter with

5624

respect to the unlawful landing of saltwater life, whether or not

5625

outside the territorial waters of the state, shall be considered

5626

a citizen of the state for the purpose of subjecting that person

5627

to the police powers of the state.

5628

Section 120. Section 370.061, Florida Statutes, is

5629

renumbered as section 379.337, Florida Statutes, and amended to

5630

read:

5631

379.337 370.061 Confiscation, seizure, and forfeiture of

5632

property and products.--

5633

(1) SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this

5634

subsection affects the commission's authority to confiscate in

5635

any case illegal saltwater products, illegally taken saltwater

5636

products, or illegal fishing gear in accordance with this

5637

section.

5638

(a) Property used in connection with a violation resulting

5639

in a conviction for the illegal taking, or attempted taking,

5640

sale, possession, or transportation of saltwater products is

5641

subject to seizure and forfeiture as part of the commission's

5642

efforts to protect the state's marine life. Saltwater products

5643

and seines, nets, boats, motors, other fishing devices or

5644

equipment, and vehicles or other means of transportation used or

5645

attempted to be used in connection with, as an instrumentality

5646

of, or in aiding and abetting such illegal taking or attempted

5647

taking are hereby declared to be nuisances.

5648

(b) Upon a conviction of a person in whose possession the

5649

property was found, the court having jurisdiction over the

5650

criminal offense, notwithstanding any jurisdictional limitations

5651

on the amount in controversy, may make a finding that the

5652

property was used in connection with a saltwater products

5653

violation and may order such property forfeited to the

5654

commission.

5655

5656

respect to a first time offender under this chapter for whom

5657

adjudication is withheld, is any disposition other than acquittal

5658

or dismissal.

5659

(2) SEIZURE, FORFEITURE; NOTICE.--The requirement for a

5660

conviction before forfeiture of property establishes to the

5661

exclusion of any reasonable doubt that the property was used in

5662

connection with the violation resulting in conviction. Prior to

5663

the issuance of a forfeiture order for any vessel, vehicle, or

5664

other property under subsection (1), the commission shall seize

5665

the property and notify the registered owner, if any, that the

5666

property has been seized by the commission. Except as provided in

5667

subsection (6), the procedures of chapter 932 do not apply to any

5668

seizure or forfeiture of property under this section.

5669

(a) Notification of property seized under this section must

5670

be sent by certified mail to a registered owner within 14 days

5671

after seizure. If the commission, after diligent inquiry, cannot

5672

ascertain the registered owner, the notice requirement is

5673

satisfied.

5674

(b) Upon a first conviction for a violation under this

5675

chapter, the property seized under this section shall be returned

5676

to the registered owner if the commission fails to prove by a

5677

preponderance of the evidence before the court having

5678

jurisdiction over the criminal offense that the registered owner

5679

aided in, abetted in, participated in, gave consent to, knew of,

5680

or had reason to know of the violation.

5681

5682

under this chapter, the burden shall be on the registered owner

5683

to prove by a preponderance of the evidence before the court

5684

having jurisdiction over the criminal offense that the registered

5685

owner in no way aided in, abetted in, participated in, knew of,

5686

or had reason to know of the second or subsequent violation which

5687

resulted in seizure of the lawful property.

5688

(d) Any request for a hearing from a registered owner

5689

asserting innocence to recover property seized under these

5690

provisions must be sent to the commission's Division of Law

5691

Enforcement within 21 days after the registered owner's receipt

5692

of the notice of seizure. If a request for a hearing is not

5693

timely received, the court shall forfeit to the commission the

5694

right to, title to, and interest in the property seized, subject

5695

only to the rights and interests of bona fide lienholders.

5696

(e) If a motor vehicle is seized under this section and is

5697

subject to any existing liens recorded under s. 319.27, all

5698

further proceedings shall be governed by the expressed intent of

5699

the Legislature not to divest any innocent person, firm, or

5700

corporation holding such a recorded lien of any of its

5701

reversionary rights in such motor vehicle or of any of its rights

5702

as prescribed in s. 319.27, and upon any default by the violator

5703

purchaser, the lienholder may foreclose its lien and take

5704

possession of the motor vehicle involved.

5705

(3) COURT ORDER OF FORFEITURE.--When any illegal or

5706

illegally used seine, net, trap, or other fishing device or

5707

equipment, or illegally taken, possessed, or transported

5708

saltwater products, are found and taken into custody, and the

5709

owner thereof is not known to the officer finding the item or

5710

items, such officer shall immediately procure from the county

5711

court judge of the county wherein the item or items were found an

5712

order forfeiting the illegally used or illegally taken saltwater

5713

products, seines, nets, traps, boats, motors, or other fishing

5714

devices to the commission.

5715

(4) DESTRUCTION OR DISPOSITION OF PROPERTY.--All property

5716

forfeited under this section may be destroyed, used by the

5717

commission, disposed of by gift to charitable or state

5718

institutions, or sold, with the proceeds derived from the sale

5719

deposited into the Marine Resources Conservation Trust Fund to be

5720

used for law enforcement purposes, or into the commission's

5721

Federal Law Enforcement Trust Fund as provided in s. 372.107, as

5722

applicable.

5723

(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER PRODUCTS;

5724

PROCEDURE.--

5725

(a) When an arrest is made pursuant to the provisions of

5726

this chapter and illegal, perishable saltwater products or

5727

saltwater products illegally taken or landed are confiscated, the

5728

defendant may post bond or cash deposit in an amount determined

5729

by the judge to be the fair value of such confiscated products.

5730

The defendant shall have 24 hours to transport the products

5731

outside the limits of Florida for sale or other disposition.

5732

Should no bond or cash deposit be given within the time fixed by

5733

the judge, the judge shall order the sale of the confiscated

5734

saltwater products at the highest price obtainable. When

5735

feasible, at least three bids shall be requested.

5736

(b) Moneys received from the sale of confiscated saltwater

5737

products, either by the defendant or by order of the court, shall

5738

be received by the judge and shall be remitted to the commission

5739

to be deposited into a special escrow account in the State

5740

Treasury to be held in trust pending the outcome of the trial of

5741

the defendant. If bond is posted by the defendant, it shall also

5742

be remitted to the commission to be held in escrow pending the

5743

outcome of the trial of the defendant.

5744

5745

the bond or cash deposit required by this subsection shall be

5746

returned to the defendant. In the event of a conviction, the

5747

proceeds of a sale or the bond or cash deposit required by this

5748

subsection shall be deposited into the Marine Resources

5749

Conservation Trust Fund to be used for law enforcement purposes

5750

or into the commission's Federal Law Enforcement Trust Fund as

5751

provided in s. 372.107, as applicable. Such deposit into the

5752

Marine Resources Conservation Trust Fund or the Federal Law

5753

Enforcement Trust Fund shall constitute confiscation.

5754

(d) For purposes of confiscation under this subsection, the

5755

term "saltwater products" has the meaning set out in s.

5756

379.101(36) 370.01(27), except that the term does not include

5757

saltwater products harvested under the authority of a

5758

recreational license unless the amount of such harvested products

5759

exceeds three times the applicable recreational bag limit for

5760

trout, snook, or redfish.

5761

(6) MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL

5762

FUNDING.--

5763

(a) Any municipal or county law enforcement agency that

5764

enforces or assists the commission in enforcing the provisions of

5765

this chapter, which results in a forfeiture of property as

5766

provided in this section, shall be entitled to receive all or a

5767

share of any property based upon its participation in such

5768

enforcement.

5769

(b) If a municipal or county law enforcement agency has a

5770

marine enforcement unit, any property delivered to any municipal

5771

or county law enforcement agency as provided in paragraph (a) may

5772

be retained or sold by the municipal or county law enforcement

5773

agency, and the property or proceeds shall be used to enforce the

5774

provisions of this chapter and chapters 327 and 328. If a

5775

municipal or county law enforcement agency does not have a marine

5776

enforcement unit, such property or proceeds shall be disposed of

5777

under the provisions of chapter 932.

5778

5779

enforcement agency pursuant to this subsection shall be

5780

supplemental funds and may not be used as replacement funds by

5781

the municipality or county.

5782

Section 121. Section 372.73, Florida Statutes, is

5783

renumbered as section 379.338, Florida Statutes, and amended to

5784

read:

5785

379.338 372.73 Confiscation and disposition of illegally

5786

taken game.--All game and freshwater fish seized under the

5787

authority of this chapter shall, upon conviction of the offender

5788

or sooner if the court so orders, be forfeited and given to some

5789

hospital or charitable institution and receipt therefor sent to

5790

the Fish and Wildlife Conservation Commission. All furs or hides

5791

or fur-bearing animals seized under the authority of this chapter

5792

shall, upon conviction of the offender, be forfeited and sent to

5793

the commission, which shall sell the same and deposit the

5794

proceeds of such sale to the credit of the State Game Trust Fund

5795

or into the commission's Federal Law Enforcement Trust Fund as

5796

provided in s. 372.107, as applicable. If any such hides or furs

5797

are seized and the offender is unknown, the court shall order

5798

such hides or furs sent to the Fish and Wildlife Conservation

5799

Commission, which shall sell such hides and furs and deposit the

5800

proceeds of such sale to the credit of the State Game Trust Fund

5801

or into the commission's Federal Law Enforcement Trust Fund as

5802

provided in s. 372.107, as applicable.

5803

Section 122. Section 372.9901, Florida Statutes, is

5804

renumbered as section 379.339, Florida Statutes, and amended to

5805

read:

5806

379.339 372.9901 Seizure of illegal hunting devices;

5807

disposition; notice; forfeiture.--In order to protect the state's

5808

wildlife resources, any vehicle, vessel, animal, gun, light, or

5809

other hunting device used or attempted to be used in connection

5810

with, as an instrumentality of, or in aiding and abetting in the

5811

commission of an offense prohibited by s. 379.404 372.99 is

5812

subject to seizure and forfeiture. The provisions of chapter 932

5813

do not apply to any seizure or forfeiture under this section. For

5814

purposes of this section, a conviction is any disposition other

5815

than acquittal or dismissal.

5816

(1)(a) Upon a first conviction of the person in whose

5817

possession the property was found, the court having jurisdiction

5818

over the criminal offense, notwithstanding any jurisdictional

5819

limitations on the amount in controversy, may make a finding that

5820

the property was used in connection with a violation of s.

5821

379.404 372.99. Upon such finding, the court may order the

5822

property forfeited to the commission.

5823

(b) Upon a second or subsequent conviction of a person in

5824

whose possession the property was found for a violation of s.

5825

379.404 372.99, the court shall order the forfeiture to the

5826

commission of any property used in connection with that

5827

violation.

5828

(2) The requirement for a conviction before forfeiture

5829

establishes, to the exclusion of any reasonable doubt, that the

5830

property was used in connection with that violation. Prior to the

5831

issuance of a forfeiture order for any vessel, vehicle, or other

5832

property under subsection (1), the commission shall seize the

5833

property and notify the registered owner, if any, that the

5834

property has been seized by the commission.

5835

(3) Notification of property seized under this section must

5836

be sent by certified mail to a registered owner within 14 days

5837

after seizure. If the commission, after diligent inquiry, cannot

5838

ascertain the registered owner, the notice requirement is

5839

satisfied.

5840

(4)(a) For a first conviction of an offense under s.

5841

379.404 372.99, property seized by the commission shall be

5842

returned to the registered owner if the commission fails to prove

5843

by a preponderance of the evidence before the court having

5844

jurisdiction over the criminal offense that the registered owner

5845

aided in, abetted in, participated in, gave consent to, knew of,

5846

or had reason to know of the offense.

5847

(b) Upon a second or subsequent conviction for an offense

5848

under s. 379.404 372.99, the burden shall be on the registered

5849

owner to prove by a preponderance of the evidence before the

5850

court having jurisdiction over the criminal offense that the

5851

registered owner in no way aided in, abetted in, participated in,

5852

knew of, or had reason to know of the second offense which

5853

resulted in seizure of the lawful property.

5854

5855

asserting innocence to recover property seized under these

5856

provisions must be sent to the commission's Division of Law

5857

Enforcement within 21 days after the registered owner's receipt

5858

of the notice of seizure. If a request for a hearing is not

5859

timely received, the court shall forfeit to the commission the

5860

right to, title to, and interest in the property seized, subject

5861

only to the rights and interests of bona fide lienholders.

5862

(5) All amounts received from the sale or other disposition

5863

of the property shall be paid into the State Game Trust Fund or

5864

into the commission's Federal Law Enforcement Trust Fund as

5865

provided in s. 372.107, as applicable. If the property is not

5866

sold or converted, it shall be delivered to the executive

5867

director of the commission.

5868

Section 123. Section 372.9904, Florida Statutes, is

5869

renumbered as section 379.3395, Florida Statutes, and amended to

5870

read:

5871

379.3395 372.9904 Seizure of illegal transportation

5872

devices; disposition; appraisal; forfeiture.--

5873

(1) Any vehicle, vessel, or other transportation device

5874

used in the commission of the offense prohibited by s. 379.406

5875

372.9903, except a vehicle, vessel, or other transportation

5876

device duly registered as a common carrier and operated in lawful

5877

transaction of business as such carrier, shall be seized by the

5878

arresting officer, who shall promptly make return of the seizure

5879

and deliver the property to the director of the Fish and Wildlife

5880

Conservation Commission. The return shall describe the property

5881

seized and recite in detail the facts and circumstances under

5882

which it was seized, together with the reason that the property

5883

was subject to seizure. The return shall also contain the names

5884

of all persons known to the officer to be interested in the

5885

property.

5886

(2) The commission, upon receipt of the property, shall

5887

promptly fix its value and make return thereof to the clerk of

5888

the circuit court of the county wherein the article was seized;

5889

after which, on proper showing of ownership of the property by

5890

someone other than the person arrested, the property shall be

5891

returned by the court to the said owner.

5892

(3) Upon conviction of the violator, the property, if owned

5893

by the person convicted, shall be forfeited to the state under

5894

the procedure set forth in ss. 379.337 and 379.362 370.061 and

5895

370.07, when not inconsistent with this section. All amounts

5896

received from the sale or other disposition of the property shall

5897

be paid into the State Game Trust Fund or into the commission's

5898

Federal Law Enforcement Trust Fund as provided in s. 372.107, as

5899

applicable. If the property is not sold or converted, it shall be

5900

delivered to the director of the Fish and Wildlife Conservation

5901

Commission.

5902

Section 124. Section 372.99021, Florida Statutes, is

5903

renumbered as section 379.341, Florida Statutes, to read:

5904

379.341 372.99021 Disposition of illegal fishing devices;

5905

exercise of police power.--

5906

(1) In all cases of arrest and conviction for use of

5907

illegal nets or traps or fishing devices, as provided in this

5908

chapter, such illegal net, trap, or fishing device is declared to

5909

be a nuisance and shall be seized and carried before the court

5910

having jurisdiction of such offense and said court shall order

5911

such illegal trap, net, or fishing device forfeited to the

5912

commission immediately after trial and conviction of the person

5913

in whose possession they were found. When any illegal net, trap,

5914

or fishing device is found in the fresh waters of the state, and

5915

the owner of same shall not be known to the officer finding the

5916

same, such officer shall immediately procure from the county

5917

court judge an order forfeiting said illegal net, trap, or

5918

fishing device to the commission. The commission may destroy such

5919

illegal net, trap, or fishing device, if in its judgment said

5920

net, trap, or fishing device is not of value in the work of the

5921

department.

5922

(2) When any nets, traps, or fishing devices are found

5923

being used illegally as provided in this chapter, the same shall

5924

be seized and forfeited to the commission as provided in this

5925

chapter.

5926

(3) This section is necessary for the more efficient and

5927

proper enforcement of the statutes and laws of this state

5928

prohibiting the illegal use of nets, traps, or fishing devices

5929

and is a lawful exercise of the police power of the state for the

5930

protection of the public welfare, health, and safety of the

5931

people of the state. All the provisions of this section shall be

5932

liberally construed for the accomplishment of these purposes.

5933

Section 125. Section 372.9905, Florida Statutes, is

5934

renumbered as section 379.342, Florida Statutes, and amended to

5935

read:

5936

379.342 372.9905 Applicability of ss. 379.339, 379.340,

5937

379.404, and 379.406 372.99, 372.9901, 372.9903, and

5938

372.9904.--The provisions of ss. 379.339, 379.340, 379.404, and

5939

379.406 372.99, 372.9901, 372.9903, and 372.9904 relating to

5940

seizure and forfeiture of animals or of vehicles, vessels, or

5941

other transportation devices do not vitiate any valid lien,

5942

retain title contract, or chattel mortgage on such animals or

5943

vehicles, vessels, or other transportation devices if such lien,

5944

retain title contract, or chattel mortgage is properly of public

5945

record at the time of the seizure.

5946

Section 126. Section 372.0715, Florida Statutes, is

5947

renumbered as section 379.343, Florida Statutes, to read:

5948

379.343 372.0715 Rewards.--The Fish and Wildlife

5949

Conservation Commission is authorized to offer rewards in amounts

5950

of up to $500 to any person furnishing information leading to the

5951

arrest and conviction of any person who has inflicted or

5952

attempted to inflict bodily injury upon any wildlife officer

5953

engaged in the enforcement of the provisions of this chapter or

5954

the rules and regulations of the Fish and Wildlife Conservation

5955

Commission.

5956

Section 127. Part VI of chapter 379, Florida Statutes,

5957

consisting of sections 379.350, 379.3501, 379.3502, 379.3503,

5958

379.3504, 379.3511, 379.3512, 379.352, 379.353, 379.354, 379.355,

5959

379.356, 379.357, 379.3581, 379.3582, and 379.3582, is created to

5960

read:

5961

PART VI

5962

LICENSES FOR RECREATIONAL ACTIVITIES

5963

5964

Section 128. Section 372.5711, Florida Statutes, is

5965

renumbered as section 379.35, Florida Statutes, to read:

5966

379.35 372.5711 Review of fees for licenses and permits;

5967

review of exemptions.--The fees for licenses and permits

5968

established under this chapter, and exemptions thereto, shall be

5969

reviewed by the Legislature during its regular session every 5

5970

years beginning in 2000.

5971

Section 129. Section 372.571, Florida Statutes, is

5972

renumbered as section 379.3501, Florida Statutes, and amended to

5973

read:

5974

379.3501 372.571 Expiration of licenses and permits.--Each

5975

license or permit issued under this part chapter must be dated

5976

when issued. Each license or permit issued under this part

5977

chapter remains valid for 12 months after the date of issuance,

5978

except for a lifetime license issued pursuant to s. 379.354

5979

372.57 which is valid from the date of issuance until the death

5980

of the individual to whom the license is issued unless otherwise

5981

revoked in accordance with s. 379.401 372.83 or s. 379.404

5982

372.99, or a 5-year license issued pursuant to s. 379.354 372.57

5983

which is valid for 5 consecutive years from the date of purchase

5984

unless otherwise revoked in accordance with s. 379.401 372.83 or

5985

s. 379.404 372.99, or a license issued pursuant to s.

5986

379.354(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.

5987

372.57(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.,

5988

which is valid for the period specified on the license. A

5989

resident lifetime license or a resident 5-year license that has

5990

been purchased by a resident of this state and who subsequently

5991

resides in another state shall be honored for activities

5992

authorized by that license.

5993

Section 130. Section 372.59, Florida Statutes, is

5994

renumbered as section 379.3502, Florida Statutes, and amended to

5995

read:

5996

379.3502 372.59 License and permit not transferable.--A

5997

person may not alter or change in any manner, or loan or transfer

5998

to another, unless otherwise provided, any license or permit

5999

issued pursuant to the provisions of this chapter, nor may any

6000

other person, other than the person to whom it is issued, use the

6001

same.

6002

Section 131. Section 372.58, Florida Statutes, is

6003

renumbered as section 379.3503, Florida Statutes, and amended to

6004

read:

6005

379.3503 372.58 False statement in application for license

6006

or permit.--Any person who swears or affirms to any false

6007

statement in any application for license or permit provided by

6008

this chapter, is guilty of violating this chapter, and shall be

6009

subject to the penalty provided in s. 379.401 372.83, and any

6010

false statement contained in any application for such license or

6011

permit renders the license or permit void.

6012

Section 132. Section 372.581, Florida Statutes, is

6013

renumbered as section 379.3504, Florida Statutes, and amended to

6014

read:

6015

379.3504 372.581 Entering false information on licenses or

6016

permits.--Whoever knowingly and willfully enters false

6017

information on, or allows or causes false information to be

6018

entered on or shown upon any license or permit issued under the

6019

provisions of this chapter in order to avoid prosecution or to

6020

assist another to avoid prosecution, or for any other wrongful

6021

purpose shall be punished as provided in s. 379.401 372.83.

6022

Section 133. Section 372.574, Florida Statutes, is

6023

renumbered as section 379.3511, Florida Statutes, and amended to

6024

read:

6025

379.3511 372.574 Appointment of subagents for the sale of

6026

hunting, fishing, and trapping licenses and permits.--

6027

(1) Subagents shall serve at the pleasure of the

6028

commission. The commission may establish, by rule, procedures for

6029

the selection and appointment of subagents. The following are

6030

requirements for subagents so appointed:

6031

(a) The commission may require each subagent to post an

6032

appropriate bond as determined by the commission, using an

6033

insurance company acceptable to the commission. In lieu of the

6034

bond, the commission may purchase blanket bonds covering all or

6035

selected subagents or may allow a subagent to post other security

6036

as required by the commission.

6037

(b) A subagent may sell licenses and permits as authorized

6038

by the commission at specific locations within the county and in

6039

states as will best serve the public interest and convenience in

6040

obtaining licenses and permits. The commission may prohibit

6041

subagents from selling certain licenses or permits.

6042

6043

permits for a fee or compensation of any kind unless he or she

6044

has been appointed as a subagent.

6045

(d) Any person who willfully violates any of the provisions

6046

of this section commits a misdemeanor of the second degree,

6047

punishable as provided in s. 775.082 or s. 775.083.

6048

(e) A subagent may charge and receive as his or her

6049

compensation 50 cents for each license or permit sold. This

6050

charge is in addition to the sum required by law to be collected

6051

for the sale and issuance of each license or permit.

6052

(f) A subagent shall submit payment for and report the sale

6053

of licenses and permits to the commission as prescribed by the

6054

commission.

6055

(2) The Fish and Wildlife Conservation Commission or any

6056

other law enforcement agency may carry out any investigation

6057

necessary to secure information required to carry out and enforce

6058

this section.

6059

(3) All social security numbers that are provided pursuant

6060

to ss. 379.352 and 379.354 372.561 and 372.57 and are contained

6061

in records of any subagent appointed under this section are

6062

confidential as provided in those sections.

6063

Section 134. Section 372.551, Florida Statutes, is

6064

renumbered as section 379.3512, Florida Statutes, to read:

6065

379.3512 372.551 Competitive bidding for certain sale of

6066

licenses and permits and the issuance of authorization

6067

numbers.--The commission is authorized to establish the

6068

following, using competitive bidding procedures:

6069

(1) A process and a vendor fee for the sale of licenses and

6070

permits, and the issuance of authorization numbers, over the

6071

telephone.

6072

(2) A process and a vendor fee for the electronic sale of

6073

licenses and permits and for the electronic issuance of

6074

authorization numbers.

6075

Section 135. Section 372.561, Florida Statutes, is

6076

renumbered as section 379.352, Florida Statutes, and amended to

6077

read:

6078

379.352 372.561 Recreational licenses, permits, and

6079

authorization numbers to take wild animal life, freshwater

6080

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

6081

(1) This section applies to all recreational licenses and

6082

permits and to any authorization numbers issued by the commission

6083

for the use of such recreational licenses or permits.

6084

(2) The commission shall establish forms for the issuance

6085

of recreational licenses and permits.

6086

(3) The commission shall issue a license, permit, or

6087

authorization number to take wild animal life, freshwater aquatic

6088

life, or marine life when an applicant provides proof that she or

6089

he is entitled to such license, permit, or authorization number.

6090

Each applicant for a recreational license, permit, or

6091

authorization number shall provide her or his social security

6092

number on the application form. Disclosure of social security

6093

numbers obtained through this requirement shall be limited to the

6094

purposes of administration of the Title IV-D program for child

6095

support enforcement, use by the commission, and as otherwise

6096

provided by law.

6097

(4) Licenses and permits to take wild animal life,

6098

freshwater aquatic life, or marine life may be sold by the

6099

commission, by any tax collector in the state, or by any subagent

6100

authorized under s. 379.3511 372.574.

6101

(5) In addition to any license or permit fee, the sum of

6102

$1.50 shall be charged for each license or management area

6103

permit, except for replacement licenses, to cover the cost of

6104

issuing such license or permit.

6105

(6)(a) The fee established pursuant to subsection (5) shall

6106

be distributed as follows:

6107

1. For each hunting license and freshwater fishing license

6108

sold by a tax collector, including the combination freshwater

6109

fishing and hunting license, the sportsman's license, and the

6110

gold sportsman's license, a tax collector may retain $1.00.

6111

2. For each management area permit sold by a tax collector,

6112

a tax collector may retain $1.00.

6113

3. For each saltwater fishing tag and saltwater fishing

6114

license sold by a tax collector, including the combination

6115

saltwater fishing and freshwater fishing license and the

6116

combination saltwater fishing, freshwater fishing, and hunting

6117

license, a tax collector may retain $1.50.

6118

4. For licenses and management area permits sold by

6119

subagents, a tax collector may retain 50 cents for each license

6120

sold in the tax collector's county.

6121

5. Any and all remaining fees shall be deposited in the

6122

State Game Trust Fund and shall be used to support an automated

6123

license system and administration of the license program.

6124

(b) Tax collectors shall remit license and permit revenue

6125

to the commission weekly.

6126

(7)(a) The sum of $10 shall be charged for each replacement

6127

lifetime license and $2 for all other replacement licenses and

6128

permits. A tax collector may retain $1.00 for each replacement

6129

license.

6130

(b) Fees collected from the issuance of replacement

6131

licenses shall be deposited in the State Game Trust Fund.

6132

(8) At each location where hunting, fishing, or trapping

6133

licenses or permits are sold, voter registration applications

6134

shall be displayed and made available to the public. Subagents

6135

shall ask each person who applies for a hunting, fishing, or

6136

trapping license or permit if he or she would like a voter

6137

registration application and may provide such application to the

6138

license or permit applicant but shall not assist such persons

6139

with voter registration applications or collect complete or

6140

incomplete voter registration applications.

6141

(9) Except as provided in subsections (8) and (12), each

6142

person who applies for a hunting, fishing, or trapping license or

6143

permit shall be asked if he or she would like the appropriate

6144

supervisor of elections to provide a voter registration

6145

application to the applicant at a later date. If at the time a

6146

license is purchased the applicant indicates that he or she would

6147

like to receive a voter registration application, the commission

6148

shall, within 7 days, make the request available to the

6149

appropriate supervisor of elections or voter registration agency

6150

so that an application may be sent to the applicant. Supervisors

6151

of elections shall mail an application to each person requesting

6152

such application within 5 business days after receipt of the

6153

request.

6154

(10) The commission may satisfy the requirements of

6155

subsection (9) by providing access to an Internet site with the

6156

voter registration information included thereon.

6157

(11) When acting in its official capacity pursuant to this

6158

section, neither the commission nor a subagent is deemed a third-

6159

party registration organization, as defined in s. 97.021(36), or

6160

a voter registration agency, as defined in s. 97.021(40), and is

6161

not authorized to solicit, accept, or collect voter registration

6162

applications or provide voter registration services.

6163

(12) Each person who applies for a hunting, fishing, or

6164

trapping license or permit on the Internet shall be provided a

6165

link to the Department of State's online uniform statewide voter

6166

registration application.

6167

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

6168

any subagent authorized to sell licenses and permits under s.

6169

379.3511 372.574 may request and collect donations when selling a

6170

recreational license or permit authorized under s. 379.354

6171

372.57. All donations collected under this subsection shall be

6172

deposited into the State Game Trust Fund to be used solely for

6173

the purpose of enhancing youth hunting and youth freshwater and

6174

saltwater fishing programs. By January 1, the commission shall

6175

provide a complete and detailed annual report on the status of

6176

its youth programs and activities performed under this subsection

6177

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

6178

the House of Representatives.

6179

(14) The commission is authorized to adopt rules pursuant

6180

to ss. 120.536(1) and 120.54 to implement the provisions of this

6181

section.

6182

Section 136. Section 372.562, Florida Statutes, is

6183

renumbered as section 379.353, Florida Statutes, and amended to

6184

read:

6185

379.353 372.562 Recreational licenses and permits;

6186

exemptions from fees and requirements.--

6187

(1) Hunting, freshwater fishing, and saltwater fishing

6188

licenses and permits shall be issued without fee to any resident

6189

who is certified or determined:

6190

(a) To be totally and permanently disabled for purposes of

6191

workers' compensation under chapter 440 as verified by an order

6192

of a judge of compensation claims or written confirmation by the

6193

carrier providing workers' compensation benefits, or to be

6194

totally and permanently disabled by the Railroad Retirement

6195

Board, by the United States Department of Veterans Affairs or its

6196

predecessor, or by any branch of the United States Armed Forces,

6197

or who holds a valid identification card issued under the

6198

provisions of s. 295.17, upon proof of same. Any license issued

6199

under this paragraph after January 1, 1997, expires after 5 years

6200

and must be reissued, upon request, every 5 years thereafter.

6201

(b) To be disabled by the United States Social Security

6202

Administration, upon proof of same. Any license issued under this

6203

paragraph after October 1, 1999, expires after 2 years and must

6204

be reissued, upon proof of certification of disability, every 2

6205

years thereafter.

6206

6207

A disability license issued after July 1, 1997, and before July

6208

1, 2000, retains the rights vested thereunder until the license

6209

has expired.

6210

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

6211

license or permit is not required for:

6212

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

6213

provided in this part chapter.

6214

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

6215

homestead property, or on the homestead property of the person's

6216

spouse or minor child; or any minor child hunting or freshwater

6217

fishing on the homestead property of her or his parent.

6218

6219

Forces and not stationed in this state, when home on leave for 30

6220

days or less, upon submission of orders.

6221

(d) Any resident freshwater fishing for recreational

6222

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

6223

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

6224

line retrieval mechanism. This exemption does not apply to

6225

residents fishing in a legally established fish management area.

6226

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

6227

acres or less that is located entirely within the private

6228

property of the fish pond owner.

6229

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

6230

licensed in accordance with s. 379.356 372.5705.

6231

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

6232

for developmental disabilities services by the Department of

6233

Children and Family Services, provided the department furnishes

6234

proof thereof.

6235

(h) Any resident saltwater fishing from land or from a

6236

structure fixed to the land.

6237

(i) Any person saltwater fishing from a vessel licensed

6238

pursuant to s. 379.354(7) 372.57(7).

6239

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

6240

of which is licensed pursuant to s. 379.354(7) 372.57(7).

6241

(k) Any person saltwater fishing who holds a valid

6242

saltwater products license issued under s. 379.361(2) 370.06(2).

6243

(l) Any person saltwater fishing for recreational purposes

6244

from a pier licensed under s. 379.354 372.57.

6245

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

6246

water from land or from a structure fixed to land.

6247

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

6248

a valid Florida freshwater fishing license.

6249

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

6250

his possession proof of age and residency. A no-cost license

6251

under this paragraph may be obtained from any tax collector's

6252

office upon proof of age and residency and must be in the

6253

possession of the resident during hunting, freshwater fishing,

6254

and saltwater fishing activities.

6255

(p) Any employee of the commission who takes freshwater

6256

fish, saltwater fish, or game as part of employment with the

6257

commission, or any other person authorized by commission permit

6258

to take freshwater fish, saltwater fish, or game for scientific

6259

or educational purposes.

6260

(q) Any resident recreationally freshwater fishing who

6261

holds a valid commercial fishing license issued under s.

6262

379.3625(1)(a) 372.65(1)(a).

6263

Section 137. Section 372.57, Florida Statutes, is

6264

renumbered as section 379.354, Florida Statutes, and amended to

6265

read:

6266

379.354 372.57 Recreational licenses, permits, and

6267

authorization numbers; fees established.--

6268

(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER

6269

REQUIRED.--Except as provided in s. 379.353 372.562, no person

6270

shall take game, freshwater or saltwater fish, or fur-bearing

6271

animals within this state without having first obtained a

6272

license, permit, or authorization number and paid the fees set

6273

forth in this chapter. Such license, permit, or authorization

6274

number shall authorize the person to whom it is issued to take

6275

game, freshwater or saltwater fish, or fur-bearing animals, and

6276

participate in outdoor recreational activities in accordance with

6277

the laws of the state and rules of the commission.

6278

(2) NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION.--

6279

(a) Licenses, permits, and authorization numbers issued

6280

under this part chapter are not transferable. Each license and

6281

permit must bear on its face in indelible ink the name of the

6282

person to whom it is issued and other information as deemed

6283

necessary by the commission. Licenses issued to the owner,

6284

operator, or custodian of a vessel that directly or indirectly

6285

collects fees for taking or attempting to take or possess

6286

saltwater fish for noncommercial purposes must include the vessel

6287

registration number or federal documentation number.

6288

(b) The lifetime licenses and 5-year licenses authorized in

6289

this section shall be embossed with the name, date of birth, date

6290

of issuance, and other pertinent information as deemed necessary

6291

by the commission. A certified copy of the applicant's birth

6292

certificate shall accompany each application for a lifetime

6293

license for a resident 12 years of age or younger.

6294

6295

using a free license, a lifetime license, a 5-year license, or an

6296

authorization number issued under this chapter, or when otherwise

6297

required by a license or permit.

6298

(3) PERSONAL POSSESSION REQUIRED.--Each license, permit, or

6299

authorization number must be in the personal possession of the

6300

person to whom it is issued while such person is taking,

6301

attempting to take, or possessing game, freshwater or saltwater

6302

fish, or fur-bearing animals. Any person taking, attempting to

6303

take, or possessing game, freshwater or saltwater fish, or fur-

6304

bearing animals who fails to produce a license, permit, or

6305

authorization number at the request of a commission law

6306

enforcement officer commits a violation of the law.

6307

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

6308

and fees for residents participating in hunting and fishing

6309

activities in this state are as follows:

6310

(a) Annual freshwater fishing license, $15.50.

6311

(b) Annual saltwater fishing license, $15.50.

6312

6313

(d) Annual combination hunting and freshwater fishing

6314

license, $31.

6315

(e) Annual combination freshwater fishing and saltwater

6316

fishing license, $31.

6317

(f) Annual combination hunting, freshwater fishing, and

6318

saltwater fishing license, $46.50.

6319

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

6320

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

6321

license who is taking fur-bearing animals for noncommercial

6322

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

6323

is not required to purchase this license. Also, a resident 65

6324

years of age or older is not required to purchase this license.

6325

(h) Annual sportsman's license, $79, except that an annual

6326

sportsman's license for a resident 64 years of age or older is

6327

$12. A sportsman's license authorizes the person to whom it is

6328

issued to take game and freshwater fish, subject to the state and

6329

federal laws, rules, and regulations, including rules of the

6330

commission, in effect at the time of the taking. Other authorized

6331

activities include activities authorized by a management area

6332

permit, a muzzle-loading gun season permit, a crossbow season

6333

permit, a turkey permit, a Florida waterfowl permit, and an

6334

archery season permit.

6335

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

6336

sportsman's license authorizes the person to whom it is issued to

6337

take freshwater fish, saltwater fish, and game, subject to the

6338

state and federal laws, rules, and regulations, including rules

6339

of the commission, in effect at the time of taking. Other

6340

authorized activities include activities authorized by a

6341

management area permit, a muzzle-loading gun season permit, a

6342

crossbow season permit, a turkey permit, a Florida waterfowl

6343

permit, an archery season permit, a snook permit, and a spiny

6344

lobster permit.

6345

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

6346

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

6347

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

6348

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

6349

rules of the commission, in effect at the time of taking. Other

6350

authorized activities include activities authorized by a

6351

management area permit, a muzzle-loading gun season permit, a

6352

crossbow season permit, a turkey permit, a Florida waterfowl

6353

permit, an archery season permit, a snook permit, and a spiny

6354

lobster permit. Any resident who is an active or retired member

6355

of the United States Armed Forces, the United States Armed Forces

6356

Reserve, the National Guard, the United States Coast Guard, or

6357

the United States Coast Guard Reserve is eligible to purchase the

6358

military gold sportsman's license upon submission of a current

6359

military identification card.

6360

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

6361

and fees for nonresidents participating in hunting and fishing

6362

activities in the state are as follows:

6363

(a) Freshwater fishing license to take freshwater fish for

6364

3 consecutive days, $15.50.

6365

(b) Freshwater fishing license to take freshwater fish for

6366

7 consecutive days, $28.50.

6367

6368

consecutive days, $15.50.

6369

(d) Saltwater fishing license to take saltwater fish for 7

6370

consecutive days, $28.50.

6371

(e) Annual freshwater fishing license, $45.50.

6372

(f) Annual saltwater fishing license, $45.50.

6373

(g) Hunting license to take game for 10 consecutive days,

6374

$45.

6375

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

6376

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

6377

However, a nonresident with a valid Florida hunting license who

6378

is taking fur-bearing animals for noncommercial purposes using

6379

guns or dogs only, and not traps or other devices, is not

6380

required to purchase this license.

6381

(6) PIER LICENSE.--A pier license for any pier fixed to

6382

land for the purpose of taking or attempting to take saltwater

6383

fish is $500 per year. The pier license may be purchased at the

6384

option of the owner, operator, or custodian of such pier and must

6385

be available for inspection at all times.

6386

(7) VESSEL LICENSES.--

6387

(a) No person may operate any vessel wherein a fee is paid,

6388

either directly or indirectly, for the purpose of taking,

6389

attempting to take, or possessing any saltwater fish for

6390

noncommercial purposes unless she or he has obtained a license

6391

for each vessel for that purpose, and has paid the license fee

6392

pursuant to paragraphs (b) and (c) for such vessel.

6393

(b) A license for any person who operates any vessel

6394

licensed to carry more than 10 customers, wherein a fee is paid,

6395

either directly or indirectly, for the purpose of taking or

6396

attempting to take saltwater fish, is $800 per year. The license

6397

must be kept aboard the vessel at all times.

6398

6399

licensed to carry no more than 10 customers, or for any person

6400

licensed to operate any vessel carrying 6 or fewer customers,

6401

wherein a fee is paid, either directly or indirectly, for the

6402

purpose of taking or attempting to take saltwater fish, is $400

6403

per year.

6404

2. A license for any person licensed to operate any vessel

6405

carrying 6 or fewer customers but who operates a vessel carrying

6406

4 or fewer customers, wherein a fee is paid, either directly or

6407

indirectly, for the purpose of taking or attempting to take

6408

saltwater fish, is $200 per year. The license must be kept aboard

6409

the vessel at all times.

6410

3. A person who operates a vessel required to be licensed

6411

pursuant to paragraph (b) or this paragraph may obtain a license

6412

in her or his own name, and such license shall be transferable

6413

and apply to any vessel operated by the purchaser, provided that

6414

the purchaser has paid the appropriate license fee.

6415

(d) A license for a recreational vessel not for hire and

6416

for which no fee is paid, either directly or indirectly, by

6417

guests for the purpose of taking or attempting to take saltwater

6418

fish noncommercially is $2,000 per year. The license may be

6419

purchased at the option of the vessel owner and must be kept

6420

aboard the vessel at all times. A log of species taken and the

6421

date the species were taken shall be maintained and a copy of the

6422

log filed with the commission at the time of renewal of the

6423

license.

6424

(e) The owner, operator, or custodian of a vessel the

6425

operator of which has been licensed pursuant to paragraph (a)

6426

must maintain and report such statistical data as required by,

6427

and in a manner set forth in, the rules of the commission.

6428

(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY

6429

PERMITS.--In addition to any license required under this chapter,

6430

the following permits and fees for specified hunting, fishing,

6431

and recreational uses and activities are required:

6432

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

6433

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

6434

coastal waters is $3.

6435

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

6436

take wild turkeys within the state is $5.

6437

2. An annual Florida turkey permit for a nonresident to

6438

take wild turkeys within the state is $100.

6439

6440

take or possess any snook from any waters of the state is $2.

6441

Revenue generated from the sale of snook permits shall be used

6442

exclusively for programs to benefit the snook population.

6443

(d) An annual spiny lobster permit for a resident or

6444

nonresident to take or possess any spiny lobster for recreational

6445

purposes from any waters of the state is $2. Revenue generated

6446

from the sale of spiny lobster permits shall be used exclusively

6447

for programs to benefit the spiny lobster population.

6448

(e) A $5 fee is imposed for each of the following permits:

6449

1. An annual archery season permit for a resident or

6450

nonresident to hunt within the state during any archery season

6451

authorized by the commission.

6452

2. An annual crossbow season permit for a resident or

6453

nonresident to hunt within the state during any crossbow season

6454

authorized by the commission.

6455

3. An annual muzzle-loading gun season permit for a

6456

resident or nonresident to hunt within the state during any

6457

muzzle-loading gun season authorized by the commission.

6458

(f) A special use permit for a resident or nonresident to

6459

participate in limited entry hunting or fishing activities as

6460

authorized by commission rule shall not exceed $100 per day or

6461

$250 per week. Notwithstanding any other provision of this

6462

chapter, there are no exclusions, exceptions, or exemptions from

6463

this permit fee. In addition to the permit fee, the commission

6464

may charge each special use permit applicant a nonrefundable

6465

application fee not to exceed $10.

6466

(g)1. A management area permit for a resident or

6467

nonresident to hunt on, fish on, or otherwise use for outdoor

6468

recreational purposes land owned, leased, or managed by the

6469

commission, or by the state for the use and benefit of the

6470

commission, shall not exceed $25 per year.

6471

2. Permit fees for short-term use of land that is owned,

6472

leased, or managed by the commission may be established by rule

6473

of the commission for activities on such lands. Such permits may

6474

be in lieu of, or in addition to, the annual management area

6475

permit authorized in subparagraph 1.

6476

3. Other than for hunting or fishing, the provisions of

6477

this paragraph shall not apply on any lands not owned by the

6478

commission, unless the commission has obtained the written

6479

consent of the owner or primary custodian of such lands.

6480

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

6481

fish on, or otherwise use for outdoor recreational purposes land

6482

leased by the commission from private nongovernmental owners,

6483

except for those lands located directly north of the Apalachicola

6484

National Forest, east of the Ochlocknee River until the point the

6485

river meets the dam forming Lake Talquin, and south of the

6486

closest federal highway. The fee for a recreational user permit

6487

shall be based upon the economic compensation desired by the

6488

landowner, game population levels, desired hunter density, and

6489

administrative costs. The permit fee shall be set by commission

6490

rule on a per-acre basis. The recreational user permit fee, less

6491

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

6492

to the landowner as provided in the lease agreement for each

6493

area.

6494

2. One minor dependent under 16 years of age may hunt under

6495

the supervision of the permittee and is exempt from the

6496

recreational user permit requirements. The spouse and dependent

6497

children of a permittee are exempt from the recreational user

6498

permit requirements when engaged in outdoor recreational

6499

activities other than hunting and when accompanied by a

6500

permittee. Notwithstanding any other provision of this chapter,

6501

no other exclusions, exceptions, or exemptions from the

6502

recreational user permit fee are authorized.

6503

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

6504

(a) Five-year licenses are available for residents only, as

6505

follows:

6506

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

6507

is $77.50 for each type of license and authorizes the person to

6508

whom the license is issued to take or attempt to take or possess

6509

freshwater fish or saltwater fish consistent with the state and

6510

federal laws and regulations and rules of the commission in

6511

effect at the time of taking.

6512

2. A 5-year hunting license is $77.50 and authorizes the

6513

person to whom it is issued to take or attempt to take or possess

6514

game consistent with the state and federal laws and regulations

6515

and rules of the commission in effect at the time of taking.

6516

3. The commission is authorized to sell the hunting,

6517

fishing, and recreational activity permits authorized in

6518

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

6519

year fishing and hunting licenses. The fee for each permit issued

6520

under this paragraph shall be five times the annual cost

6521

established in subsection (8).

6522

(b) Proceeds from the sale of all 5-year licenses and

6523

permits shall be deposited into the Dedicated License Trust Fund,

6524

to be distributed in accordance with the provisions of s. 379.203

6525

372.106.

6526

(10) RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING

6527

LICENSES.--

6528

(a) Lifetime freshwater fishing licenses or saltwater

6529

fishing licenses are available for residents only, as follows,

6530

for:

6531

1. Persons 4 years of age or younger, for a fee of $125.

6532

2. Persons 5 years of age or older, but under 13 years of

6533

age, for a fee of $225.

6534

3. Persons 13 years of age or older, for a fee of $300.

6535

(b) The following activities are authorized by the purchase

6536

of a lifetime freshwater fishing license:

6537

1. Taking, or attempting to take or possess, freshwater

6538

fish consistent with the state and federal laws and regulations

6539

and rules of the commission in effect at the time of the taking.

6540

2. All activities authorized by a management area permit,

6541

excluding hunting.

6542

6543

of a lifetime saltwater fishing license:

6544

1. Taking, or attempting to take or possess, saltwater fish

6545

consistent with the state and federal laws and regulations and

6546

rules of the commission in effect at the time of the taking.

6547

2. All activities authorized by a snook permit and a spiny

6548

lobster permit.

6549

3. All activities for which an additional license, permit,

6550

or fee is required to take or attempt to take or possess

6551

saltwater fish, which additional license, permit, or fee was

6552

imposed subsequent to the date of the purchase of the lifetime

6553

saltwater fishing license.

6554

(11) RESIDENT LIFETIME HUNTING LICENSES.--

6555

(a) Lifetime hunting licenses are available to residents

6556

only, as follows, for:

6557

1. Persons 4 years of age or younger, for a fee of $200.

6558

2. Persons 5 years of age or older, but under 13 years of

6559

age, for a fee of $350.

6560

3. Persons 13 years of age or older, for a fee of $500.

6561

(b) The following activities are authorized by the purchase

6562

of a lifetime hunting license:

6563

1. Taking, or attempting to take or possess, game

6564

consistent with the state and federal laws and regulations and

6565

rules of the commission in effect at the time of the taking.

6566

2. All activities authorized by a muzzle-loading gun season

6567

permit, a crossbow season permit, a turkey permit, an archery

6568

season permit, a Florida waterfowl permit, and a management area

6569

permit, excluding fishing.

6570

(12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

6571

(a) Lifetime sportsman's licenses are available to

6572

residents only, as follows, for:

6573

1. Persons 4 years of age or younger, for a fee of $400.

6574

2. Persons 5 years of age or older, but under 13 years of

6575

age, for a fee of $700.

6576

3. Persons 13 years of age or older, for a fee of $1,000.

6577

(b) The following activities are authorized by the purchase

6578

of a lifetime sportsman's license:

6579

1. Taking, or attempting to take or possess, freshwater and

6580

saltwater fish, and game, consistent with the state and federal

6581

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

6582

time of taking.

6583

2. All activities authorized by a management area permit, a

6584

muzzle-loading gun season permit, a crossbow season permit, a

6585

turkey permit, an archery season permit, a Florida waterfowl

6586

permit, a snook permit, and a spiny lobster permit.

6587

(13) PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The

6588

proceeds from the sale of all lifetime licenses authorized in

6589

this section shall be deposited into the Lifetime Fish and

6590

Wildlife Trust Fund, to be distributed as provided in s. 379.207

6591

372.105.

6592

(14) RECIPROCAL FEE AGREEMENTS.--The commission is

6593

authorized to reduce the fees for licenses and permits under this

6594

section for residents of those states with which the commission

6595

has entered into reciprocal agreements with respect to such fees.

6596

(15) FREE FISHING DAYS.--The commission may designate by

6597

rule no more than 2 consecutive or nonconsecutive days in each

6598

year as free freshwater fishing days and no more than 2

6599

consecutive or nonconsecutive days in each year as free saltwater

6600

fishing days. Notwithstanding any other provision of this

6601

chapter, any person may take freshwater fish for noncommercial

6602

purposes on a free freshwater fishing day and may take saltwater

6603

fish for noncommercial purposes on a free saltwater fishing day,

6604

without obtaining or possessing a license or permit or paying a

6605

license or permit fee as prescribed in this section. A person who

6606

takes freshwater or saltwater fish on a free fishing day must

6607

comply with all laws, rules, and regulations governing the

6608

holders of a fishing license or permit and all other conditions

6609

and limitations regulating the taking of freshwater or saltwater

6610

fish as are imposed by law or rule.

6611

(16) PROHIBITED LICENSES OR PERMITS.--A person may not

6612

make, forge, counterfeit, or reproduce a license or permit

6613

required under this section, except for those persons authorized

6614

by the commission to make or reproduce such a license or permit.

6615

A person may not knowingly possess a forgery, counterfeit, or

6616

unauthorized reproduction of such a license or permit. A person

6617

who violates this subsection commits a Level Four violation under

6618

s. 379.401 372.83.

6619

(17) SUSPENDED OR REVOKED LICENSES.--A person may not take

6620

game, freshwater fish, saltwater fish, or fur-bearing animals

6621

within this state if a license issued to such person as required

6622

under this section or a privilege granted to such person under s.

6623

379.353 372.562 is suspended or revoked. A person who violates

6624

this subsection commits a Level Three violation under s. 379.401

6625

372.83.

6626

Section 138. Section 370.063, Florida Statutes, is

6627

renumbered as section 379.355, Florida Statutes, and amended to

6628

read:

6629

379.355 370.063 Special recreational spiny lobster

6630

license.--There is created a special recreational spiny lobster

6631

license, to be issued to qualified persons as provided by this

6632

section for the recreational harvest of spiny lobster beginning

6633

August 5, 1994.

6634

(1) The special recreational spiny lobster license shall be

6635

available to any individual spiny lobster trap number holder who

6636

also possesses a saltwater products license during the 1993-1994

6637

license year. A person issued a special recreational spiny

6638

lobster license may not also possess a trap number.

6639

(2) The special recreational spiny lobster license is

6640

required in order to harvest spiny lobster from state territorial

6641

waters in quantities in excess of the regular recreational bag

6642

limit but not in excess of a special bag limit as established by

6643

the Marine Fisheries Commission for these harvesters before the

6644

1994-1995 license year. Such special bag limit does not apply

6645

during the 2-day sport season established by the Fish and

6646

Wildlife Conservation Commission.

6647

(3) The holder of a special recreational spiny lobster

6648

license must also possess the recreational spiny lobster permit

6649

required by s. 379.354(8)(d) 372.57(8)(d).

6650

(4) As a condition precedent to the issuance of a special

6651

recreational spiny lobster license, the applicant must agree to

6652

file quarterly reports with the Fish and Wildlife Conservation

6653

Commission in such form as the commission requires, detailing the

6654

amount of the licenseholder's spiny lobster harvest in the

6655

previous quarter, including the harvest of other recreational

6656

harvesters aboard the licenseholder's vessel.

6657

(4)(5) The Fish and Wildlife Conservation Commission shall

6658

issue special recreational spiny lobster licenses. The fee for

6659

each such license is $100 per year. Each license issued in any

6660

license year must be renewed by June 30 of each subsequent year

6661

by the initial individual holder thereof. Noncompliance with the

6662

reporting requirement in subsection (4) or with the special

6663

recreational bag limit established under subsection (6)

6664

constitutes grounds for which the commission may refuse to renew

6665

the license for a subsequent license year. The number of such

6666

licenses outstanding in any one license year may not exceed the

6667

number issued for the 1994-1995 license year. A license is not

6668

transferable by any method. Licenses that are not renewed expire

6669

and may be reissued by the commission in the subsequent license

6670

year to new applicants otherwise qualified under this section.

6671

(6) To promote conservation of the spiny lobster resource,

6672

consistent with equitable distribution and availability of the

6673

resource, the commission shall establish a spiny lobster

6674

management plan incorporating the special recreational spiny

6675

lobster license, including, but not limited to, the establishment

6676

of a special recreational bag limit for the holders of such

6677

license as required by subsection (2). Such special recreational

6678

bag limit must not be less than twice the higher of the daily

6679

recreational bag limits.

6680

(5)(7) The proceeds of the fees collected under this

6681

section must be deposited in the Marine Resources Conservation

6682

Trust Fund and used as follows:

6683

(a) Thirty-five percent for research and the development of

6684

reliable recreational catch statistics for the spiny lobster

6685

fishery.

6686

(b) Twenty percent for administration of this section.

6687

6688

section.

6689

(6)(8) Any person who violates this section commits a Level

6690

One violation under s. 379.401 372.83.

6691

Section 139. Section 372.5705, Florida Statutes, is

6692

renumbered as section 379.356, Florida Statutes, to read:

6693

379.356 372.5705 Fish pond license.--The owner of a fish

6694

pond of more than 20 acres which is located entirely within her

6695

or his property may obtain a license from the commission for such

6696

pond at a fee of $3 per surface acre, and no fishing license

6697

shall be required of any person fishing in such licensed pond.

6698

Section 140. Section 372.5704, Florida Statutes, is

6699

renumbered as section 379.357, Florida Statutes, and amended to

6700

read:

6701

379.357 372.5704 Fish and Wildlife Conservation Commission

6702

license program for tarpon; fees; penalties.--

6703

(1) The commission shall establish a license program for

6704

the purpose of issuing tags to individuals desiring to harvest

6705

tarpon (megalops atlantica) from the waters of the state. The

6706

tags shall be nontransferable, except that the commission may

6707

allow for a limited number of tags to be purchased by

6708

professional fishing guides for transfer to individuals, and

6709

issued by the commission in order of receipt of a properly

6710

completed application for a nonrefundable fee of $50 per tag. The

6711

commission and any tax collector may sell the tags and collect

6712

the fees therefor. Tarpon tags are valid from July 1 through June

6713

30. Before August 15 of each year, each tax collector shall

6714

submit to the commission all unissued tags for the previous

6715

fiscal year along with a written audit report, on forms

6716

prescribed or approved by the commission, as to the numbers of

6717

the unissued tags. To defray the cost of issuing any tag, the

6718

issuing tax collector shall collect and retain as his or her

6719

costs, in addition to the tag fee collected, the amount allowed

6720

under s. 379.352(6) 372.561(6) for the issuance of licenses.

6721

(2) The number of tags to be issued shall be determined by

6722

rule of the commission. The commission shall in no way allow the

6723

issuance of tarpon tags to adversely affect the tarpon

6724

population.

6725

(2)(3) Proceeds from the sale of tarpon tags shall be

6726

deposited in the Marine Resources Conservation Trust Fund and

6727

shall be used to gather information directly applicable to tarpon

6728

management.

6729

(3)(4) No individual shall take, kill, or possess any fish

6730

of the species megalops atlantica, commonly known as tarpon,

6731

unless such individual has purchased a tarpon tag and securely

6732

attached it through the lower jaw of the fish. Said individual

6733

shall within 5 days after the landing of the fish submit a form

6734

to the commission which indicates the length, weight, and

6735

physical condition of the tarpon when caught; the date and

6736

location of where the fish was caught; and any other pertinent

6737

information which may be required by the commission. The

6738

commission may refuse to issue new tags to individuals or guides

6739

who fail to provide the required information.

6740

(4)(5) Any individual including a taxidermist who possesses

6741

a tarpon which does not have a tag securely attached as required

6742

by this section commits a Level Two violation under s. 379.401

6743

372.83. Provided, however, a taxidermist may remove the tag

6744

during the process of mounting a tarpon. The removed tag shall

6745

remain with the fish during any subsequent storage or shipment.

6746

(5)(6) Purchase of a tarpon tag shall not accord the

6747

purchaser any right to harvest or possess tarpon in contravention

6748

of rules adopted by the commission. No individual may sell, offer

6749

for sale, barter, exchange for merchandise, transport for sale,

6750

either within or without the state, offer to purchase, or

6751

purchase any species of fish known as tarpon.

6752

(6)(7) The commission shall prescribe and provide suitable

6753

forms and tags necessary to carry out the provisions of this

6754

section.

6755

(7)(8) The provisions of this section shall not apply to

6756

anyone who immediately returns a tarpon uninjured to the water at

6757

the place where the fish was caught.

6758

Section 141. Section 372.5717, Florida Statutes, is

6759

renumbered as section 379.3581, Florida Statutes, and amended to

6760

read:

6761

379.3581 372.5717 Hunter safety course; requirements;

6762

penalty.--

6763

(1) This section may be cited as the Senator Joe Carlucci

6764

Hunter Safety Act.

6765

(2)(a) Except as provided in paragraph (b), a person born

6766

on or after June 1, 1975, may not be issued a license to take

6767

wild animal life with the use of a firearm, gun, bow, or crossbow

6768

in this state without having first successfully completed a

6769

hunter safety course as provided in this section, and without

6770

having in his or her personal possession a hunter safety

6771

certification card, as provided in this section.

6772

(b) A person born on or after June 1, 1975, who has not

6773

successfully completed a hunter safety course may apply to the

6774

commission for a special authorization to hunt under supervision.

6775

The special authorization for supervised hunting shall be

6776

designated on any license or permit required under this chapter

6777

for a person to take game or fur-bearing animals and shall be

6778

valid for not more than 1 year. A special authorization for

6779

supervised hunting may not be issued more than once to the person

6780

applying for such authorization. A person issued a license with a

6781

special authorization to hunt under supervision must hunt under

6782

the supervision of, and in the presence of, a person 21 years or

6783

age or older who is licensed to hunt pursuant to s. 379.354

6784

372.57 or who is exempt from licensing requirements or eligible

6785

for a free license pursuant to s. 379.353 372.562.

6786

(3) The Fish and Wildlife Conservation Commission shall

6787

institute and coordinate a statewide hunter safety course that

6788

must be offered in every county and consist of not more than 16

6789

hours of instruction including, but not limited to, instruction

6790

in the competent and safe handling of firearms, conservation, and

6791

hunting ethics.

6792

(4) The commission shall issue a permanent hunter safety

6793

certification card to each person who successfully completes the

6794

hunter safety course. The commission shall maintain records of

6795

hunter safety certification cards issued and shall establish

6796

procedures for replacing lost or destroyed cards.

6797

(5) A hunter safety certification card issued by a wildlife

6798

agency of another state, or any Canadian province, which shows

6799

that the holder of the card has successfully completed a hunter

6800

safety course approved by the commission is an acceptable

6801

substitute for the hunter safety certification card issued by the

6802

commission.

6803

(6) All persons subject to the requirements of subsection

6804

(2) must have in their personal possession proof of compliance

6805

with this section, while taking or attempting to take wildlife

6806

with the use of a firearm, gun, bow, or crossbow, and must,

6807

unless the requirement to complete a hunter safety course is

6808

deferred pursuant to this section, display a valid hunter safety

6809

certification card in order to purchase a Florida hunting

6810

license. After the issuance of such a license, the license itself

6811

shall serve as proof of compliance with this section. A holder of

6812

a lifetime license whose license does not indicate on the face of

6813

the license that a hunter safety course has been completed must

6814

have in his or her personal possession a hunter safety

6815

certification card, as provided by this section, while attempting

6816

to take wild animal life with the use of a firearm, gun, bow, or

6817

crossbow.

6818

(7) The hunter safety requirements of this section do not

6819

apply to persons for whom licenses are not required under s.

6820

379.353(2) 372.562(2).

6821

(8) A person who violates this section commits a Level One

6822

violation under s. 379.401 372.83.

6823

Section 142. Section 372.5718, Florida Statutes, is amended

6824

to read:

6825

379.3582 372.5718 Hunter safety course for juveniles.--The

6826

Fish and Wildlife Conservation Commission shall develop a hunter

6827

safety course for juveniles who are at least 5 years of age but

6828

less than 16 years of age. The course must include, but is not

6829

limited to, instruction in the competent and safe handling of

6830

firearms, conservation, and hunting ethics. The course must be

6831

appropriate for the ages of the students. The course is voluntary

6832

and must be offered in each county in the state at least

6833

annually. The course is in addition to, and not in lieu of, the

6834

hunter safety course prescribed in s. 379.3581 372.5717.

6835

Section 143. Part VII of chapter 379, Florida Statutes,

6836

consisting of sections 379.361, 379.362, 379.363, 379.3635,

6837

379.364, 379.365, 379.366, 379.367, 379.3671, 379.368, 379.369,

6838

379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751,

6839

379.3752, 379.3761, 379.3762, and 379.377, is created to read:

6840

PART VII

6841

NONRECREATIONAL LICENSES

6842

6843

Section 144. Section 370.06, Florida Statutes, is

6844

renumbered as section 379.361 Florida Statutes, and amended to

6845

read:

6846

379.361 370.06 Licenses.--

6847

(1) LICENSE ON PURSE SEINES.--There is levied, in addition

6848

to any other taxes thereon, an annual license tax of $25 upon

6849

each purse seine used in the waters of this state. This license

6850

fee shall be collected in the manner provided in this section.

6851

(2) SALTWATER PRODUCTS LICENSE.--

6852

(a) Every person, firm, or corporation that sells, offers

6853

for sale, barters, or exchanges for merchandise any saltwater

6854

products, or which harvests saltwater products with certain gear

6855

or equipment as specified by law, must have a valid saltwater

6856

products license, except that the holder of an aquaculture

6857

certificate under s. 597.004 is not required to purchase and

6858

possess a saltwater products license in order to possess,

6859

transport, or sell marine aquaculture products. Each saltwater

6860

products license allows the holder to engage in any of the

6861

activities for which the license is required. The license must be

6862

in the possession of the licenseholder or aboard the vessel and

6863

is subject to inspection at any time that harvesting activities

6864

for which a saltwater products license is required are being

6865

conducted.

6866

(b)1. A restricted species endorsement on the saltwater

6867

products license is required to sell to a licensed wholesale

6868

dealer those species which the state, by law or rule, has

6869

designated as "restricted species." This endorsement may be

6870

issued only to a person who is at least 16 years of age, or to a

6871

firm certifying that over 25 percent of its income or $5,000 of

6872

its income, whichever is less, is attributable to the sale of

6873

saltwater products pursuant to a saltwater products license

6874

issued under this paragraph or a similar license from another

6875

state. This endorsement may also be issued to a for-profit

6876

corporation if it certifies that at least $5,000 of its income is

6877

attributable to the sale of saltwater products pursuant to a

6878

saltwater products license issued under this paragraph or a

6879

similar license from another state. However, if at least 50

6880

percent of the annual income of a person, firm, or for-profit

6881

corporation is derived from charter fishing, the person, firm, or

6882

for-profit corporation must certify that at least $2,500 of the

6883

income of the person, firm, or corporation is attributable to the

6884

sale of saltwater products pursuant to a saltwater products

6885

license issued under this paragraph or a similar license from

6886

another state, in order to be issued the endorsement. Such income

6887

attribution must apply to at least 1 of the last 3 years. For the

6888

purpose of this section, "income" means that income that is

6889

attributable to work, employment, entrepreneurship, pensions,

6890

retirement benefits, and social security benefits.

6891

2. To renew an existing restricted species endorsement, a

6892

marine aquaculture producer possessing a valid saltwater products

6893

license with a restricted species endorsement may apply income

6894

from the sale of marine aquaculture products to licensed

6895

wholesale dealers.

6896

3. The commission is authorized to require verification of

6897

such income for all restricted species endorsements issued

6898

pursuant to this paragraph. Acceptable proof of income earned

6899

from the sale of saltwater products shall be:

6900

a. Copies of trip ticket records generated pursuant to this

6901

subsection (marine fisheries information system), documenting

6902

qualifying sale of saltwater products;

6903

b. Copies of sales records from locales other than Florida

6904

documenting qualifying sale of saltwater products;

6905

c. A copy of the applicable federal income tax return,

6906

including Form 1099 attachments, verifying income earned from the

6907

sale of saltwater products;

6908

d. Crew share statements verifying income earned from the

6909

sale of saltwater products; or

6910

e. A certified public accountant's notarized statement

6911

attesting to qualifying source and amount of income.

6912

6913

Notwithstanding any other provision of law, any person who owns a

6914

retail seafood market or restaurant at a fixed location for at

6915

least 3 years, who has had an occupational license for 3 years

6916

prior to January 1, 1990, who harvests saltwater products to

6917

supply his or her retail store, and who has had a saltwater

6918

products license for 1 of the past 3 license years prior to

6919

January 1, 1990, may provide proof of his or her verification of

6920

income and sales value at the person's retail seafood market or

6921

restaurant and in his or her saltwater products enterprise by

6922

affidavit and shall thereupon be issued a restricted species

6923

endorsement.

6924

4. Exceptions from income requirements shall be as follows:

6925

a. A permanent restricted species endorsement shall be

6926

available to those persons age 62 and older who have qualified

6927

for such endorsement for at least 3 of the last 5 years.

6928

b. Active military duty time shall be excluded from

6929

consideration of time necessary to qualify and shall not be

6930

counted against the applicant for purposes of qualifying.

6931

c. Upon the sale of a used commercial fishing vessel owned

6932

by a person, firm, or corporation possessing or eligible for a

6933

restricted species endorsement, the purchaser of such vessel

6934

shall be exempted from the qualifying income requirement for the

6935

purpose of obtaining a restricted species endorsement for a

6936

period of 1 year after purchase of the vessel.

6937

d. Upon the death or permanent disablement of a person

6938

possessing a restricted species endorsement, an immediate family

6939

member wishing to carry on the fishing operation shall be

6940

exempted from the qualifying income requirement for the purpose

6941

of obtaining a restricted species endorsement for a period of 1

6942

year after the death or disablement.

6943

e. A restricted species endorsement may be issued on an

6944

individual saltwater products license to a person age 62 or older

6945

who documents that at least $2,500 of such person's income is

6946

attributable to the sale of saltwater products.

6947

f. A permanent restricted species endorsement may also be

6948

issued on an individual saltwater products license to a person

6949

age 70 or older who has held a saltwater products license for at

6950

least 3 of the last 5 license years.

6951

g. Any resident who is certified to be totally and

6952

permanently disabled by the Railroad Retirement Board, by the

6953

United States Department of Veterans Affairs or its predecessor,

6954

or by any branch of the United States Armed Forces, or who holds

6955

a valid identification card issued by the Department of Veterans'

6956

Affairs pursuant to s. 295.17, upon proof of the same, or any

6957

resident certified to be disabled by the United States Social

6958

Security Administration or a licensed physician, upon proof of

6959

the same, shall be exempted from the income requirements if he or

6960

she also has held a saltwater products license for at least 3 of

6961

the last 5 license years prior to the date of the disability. A

6962

restricted species endorsement issued under this paragraph may be

6963

issued only on an individual saltwater products license.

6964

6965

restricted species endorsement shall be aboard any vessel

6966

harvesting restricted species in excess of any bag limit or when

6967

fishing under a commercial quota or in commercial quantities, and

6968

such vessel shall have a commercial vessel registration. This

6969

subsection does not apply to any person, firm, or corporation

6970

licensed under s. 379.362(1)(a)1. or (b) 370.07(1)(a)1. or (b)

6971

for activities pursuant to such licenses.

6972

(d) A saltwater products license may be issued in the name

6973

of an individual or a valid commercial vessel registration

6974

number. However, a firm or corporation may only receive a license

6975

issued to a valid commercial vessel registration number. A

6976

saltwater products license may not be transferred by the

6977

licenseholder to another individual, firm, or corporation. A

6978

decal shall be issued with each saltwater products license issued

6979

to a valid commercial vessel registration number. The saltwater

6980

products license decal shall be the same color as the vessel

6981

registration decal issued each year pursuant to s. 328.48(5) and

6982

shall indicate the period of time such license is valid. The

6983

saltwater products license decal shall be placed beside the

6984

vessel registration decal and, in the case of an undocumented

6985

vessel, shall be placed so that the vessel registration decal

6986

lies between the commercial vessel registration number and the

6987

saltwater products license decal. Any saltwater products license

6988

decal for a previous year shall be removed from a vessel

6989

operating on the waters of the state.

6990

(e) The annual fee for a saltwater products license is:

6991

1. For a license issued in the name of an individual which

6992

authorizes only that individual to engage in commercial fishing

6993

activities from the shore or a vessel: a resident must pay $50; a

6994

nonresident must pay $200; or an alien must pay $300.

6995

2. For a license issued in the name of an individual which

6996

authorizes that named individual to engage in commercial fishing

6997

activities from the shore or a vessel and also authorizes each

6998

person who is fishing with the named individual aboard a vessel

6999

to engage in such activities: a resident must pay $150; a

7000

nonresident must pay $600; or an alien must pay $900.

7001

3. For a license issued to a valid commercial vessel

7002

registration number which authorizes each person aboard such

7003

registered vessel to engage in commercial fishing activities: a

7004

resident, or a resident firm or corporation, must pay $100; a

7005

nonresident, or a nonresident firm or corporation, must pay $400;

7006

or an alien, or an alien firm or corporation, must pay $600. For

7007

purposes of this subparagraph, a resident firm or corporation

7008

means a firm or corporation formed under the laws of this state;

7009

a nonresident firm or corporation means a firm or corporation

7010

formed under the laws of any state other than Florida; and an

7011

alien firm or corporation means a firm or corporation organized

7012

under any laws other than laws of the United States, any United

7013

States territory or possession, or any state of the United

7014

States.

7015

(f) Any person who sells saltwater products pursuant to a

7016

saltwater products license may sell only to a licensed wholesale

7017

dealer. A saltwater products license must be presented to the

7018

licensed wholesale dealer each time saltwater products are sold,

7019

and an imprint made thereof. The wholesale dealer shall keep

7020

records of each transaction in such detail as may be required by

7021

rule of the commission not in conflict with s. 379.362(6)

7022

370.07(6), and shall provide the holder of the saltwater products

7023

license with a copy of the record. It is unlawful for any

7024

licensed wholesale dealer to buy saltwater products from any

7025

unlicensed person under the provisions of this section, except

7026

that a licensed wholesale dealer may buy from another licensed

7027

wholesale dealer. It is unlawful for any licensed wholesale

7028

dealer to buy saltwater products designated as "restricted

7029

species" from any person, firm, or corporation not possessing a

7030

restricted species endorsement on his or her saltwater products

7031

license under the provisions of this section, except that a

7032

licensed wholesale dealer may buy from another licensed wholesale

7033

dealer. For purposes of this subsection, any saltwater products

7034

received by a wholesale dealer are presumed to have been

7035

purchased.

7036

(g) The commission shall be the licensing agency, may

7037

contract with private persons or entities to implement aspects of

7038

the licensing program, and shall establish by rule a marine

7039

fisheries information system in conjunction with the licensing

7040

program to gather fisheries data.

7041

(h) Any person who sells, offers for sale, barters, or

7042

exchanges for merchandise saltwater products must have a method

7043

of catch preservation which meets the requirements and standards

7044

of the seafood quality control code promulgated by the

7045

commission.

7046

(i) A saltwater products license is required to harvest

7047

commercial quantities of saltwater products. Any vessel from

7048

which commercial quantities of saltwater products are harvested

7049

must have a commercial vessel registration. Commercial quantities

7050

of saltwater products shall be defined as:

7051

1. With respect to those species for which no bag limit has

7052

been established, more than 100 pounds per person per day,

7053

provided that the harvesting of two fish or less per person per

7054

day shall not be considered commercial quantities regardless of

7055

aggregate weight; and

7056

2. With respect to those species for which a bag limit has

7057

been established, more than the bag limit allowed by law or rule.

7058

(j)1. In addition to the saltwater products license, a

7059

marine life fishing endorsement is required for the harvest of

7060

marine life species as defined by rule of the Fish and Wildlife

7061

Conservation Commission. This endorsement may be issued only to a

7062

person who is at least 16 years of age or older or to a

7063

corporation holding a valid restricted species endorsement.

7064

2.a. Effective July 1, 1998, and until July 1, 2002, a

7065

marine life endorsement may not be issued under this paragraph,

7066

except that those endorsements that are active during the 1997-

7067

1998 fiscal year may be renewed.

7068

b. In 1998 persons or corporations holding a marine life

7069

endorsement that was active in the 1997-1998 fiscal year or an

7070

immediate family member of that person must request renewal of

7071

the marine life endorsement before December 31, 1998.

7072

c. In subsequent years and until July 1, 2002, a marine

7073

life endorsement holder or member of his or her immediate family

7074

must request renewal of the marine life endorsement before

7075

September 30 of each year.

7076

d. If a person or corporation holding an active marine life

7077

fishing endorsement or a member of that person's immediate family

7078

does not request renewal of the endorsement before the applicable

7079

dates specified in this paragraph, the commission shall

7080

deactivate that marine life fishing endorsement.

7081

e. In the event of the death or disability of a person

7082

holding an active marine life fishing endorsement, the

7083

endorsement may be transferred by the person to a member of his

7084

or her immediate family or may be renewed by any person so

7085

designated by the executor of the person's estate.

7086

f. Persons or corporations who hold saltwater product

7087

licenses with marine life fishing endorsements issued to their

7088

vessel registration numbers and who subsequently replace their

7089

existing vessels with new vessels may transfer the existing

7090

marine life fishing endorsement to the new boat registration

7091

numbers.

7092

g. Persons or corporations who hold saltwater product

7093

licenses with marine life fishing endorsements issued to their

7094

name and who subsequently incorporate or unincorporate may

7095

transfer the existing marine life fishing endorsement to the new

7096

corporation or person.

7097

3. The fee for a marine life fishery endorsement on a

7098

saltwater products license shall be $75. These license fees shall

7099

be collected and deposited in the Marine Resources Conservation

7100

Trust Fund and used for the purchase and installation of vessel

7101

mooring buoys at coral reef sites and for research related to

7102

marine fisheries.

7103

(3) NET LICENSES.--Except for cast nets and bait seines

7104

which are 100 feet in length or less and which have a mesh that

7105

is 3/8 inch or less, all nets used to take finfish, including,

7106

but not limited to, gill nets, trammel nets, and beach seines,

7107

must be licensed or registered. Each net used to take finfish for

7108

commercial purposes, or by a nonresident, must be licensed under

7109

a saltwater products license issued pursuant to subsection (2)

7110

and must bear the number of such license.

7111

(4) SPECIAL ACTIVITY LICENSES.--

7112

(a) A special activity license is required for any person

7113

to use gear or equipment not authorized in this chapter or rule

7114

of the Fish and Wildlife Conservation Commission for harvesting

7115

saltwater species. In accordance with this chapter, s. 16, Art. X

7116

of the State Constitution, and rules of the commission, the

7117

commission may issue special activity licenses for the use of

7118

nonconforming gear or equipment, including, but not limited to,

7119

trawls, seines and entangling nets, traps, and hook and line

7120

gear, to be used in harvesting saltwater species for scientific

7121

and governmental purposes, and, where allowable, for innovative

7122

fisheries. The commission may prescribe by rule application

7123

requirements and terms, conditions, and restrictions to be

7124

incorporated into each special activity license. This subsection

7125

does not apply to gear or equipment used by certified marine

7126

aquaculturists as provided for in s. 597.004 to harvest marine

7127

aquaculture products.

7128

(b) The Fish and Wildlife Conservation Commission is

7129

authorized to issue special activity licenses in accordance with

7130

this section and s. 379.2524 370.31, to permit the importation

7131

and possession of wild anadromous sturgeon. The commission is

7132

also authorized to issue special activity licenses, in accordance

7133

with this section and s. 379.2524 370.31, to permit the

7134

importation, possession, and aquaculture of native and nonnative

7135

anadromous sturgeon until best-management practices are

7136

implemented for the cultivation of anadromous sturgeon pursuant

7137

to s. 597.004. The special activity license shall provide for

7138

specific management practices to protect indigenous populations

7139

of saltwater species.

7140

7141

established in this section shall be incorporated into permits

7142

and authorizations issued pursuant to chapter 253, chapter 373,

7143

chapter 403, or this chapter, when incorporating such provisions

7144

is in accordance with the aquaculture permit consolidation

7145

procedures. No separate issuance of a special activity license is

7146

required when conditions and specific management practices are

7147

incorporated into permits or authorizations under this paragraph.

7148

Implementation of this section to consolidate permitting actions

7149

does not constitute rules within the meaning of s. 120.52.

7150

(d) The commission is authorized to issue special activity

7151

licenses in accordance with s. 379.2411 370.101 and this section;

7152

aquaculture permit consolidation procedures in s. 379.2523(2)

7153

370.26(2); and rules of the commission to permit the capture and

7154

possession of saltwater species protected by law and used as

7155

stock for artificial cultivation and propagation.

7156

(e) The commission is authorized to adopt rules to govern

7157

the administration of special activities licenses as provided in

7158

this chapter and rules of the commission. Such rules may

7159

prescribe application requirements and terms, conditions, and

7160

restrictions for any such special activity license requested

7161

pursuant to this section.

7162

(5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.--

7163

(a) For purposes of this section, the following definitions

7164

shall apply:

7165

1. "Person" means an individual.

7166

2. "Resident" means any person who has:

7167

a. Continuously resided in this state for 6 months

7168

immediately preceding the making of his or her application for an

7169

Apalachicola Bay oyster harvesting license; or

7170

b. Established a domicile in this state and evidenced that

7171

domicile as provided in s. 222.17.

7172

(b) No person shall harvest oysters from the Apalachicola

7173

Bay without a valid Apalachicola Bay oyster harvesting license

7174

issued by the Department of Agriculture and Consumer Services.

7175

This requirement shall not apply to anyone harvesting

7176

noncommercial quantities of oysters in accordance with commission

7177

rules chapter 46-27, Florida Administrative Code, or to any

7178

person less than 18 years old.

7179

7180

harvesting license shall submit an annual fee for the license

7181

during a 45-day period from May 17 to June 30 of each year

7182

preceding the license year for which the license is valid.

7183

Failure to pay the annual fee within the required time period

7184

shall result in a $500 late fee being imposed before issuance of

7185

the license.

7186

(d) The Department of Agriculture and Consumer Services

7187

shall collect an annual fee of $100 from residents and $500 from

7188

nonresidents for the issuance of an Apalachicola Bay oyster

7189

harvesting license. The license year shall begin on July 1 of

7190

each year and end on June 30 of the following year. The license

7191

shall be valid only for the licensee. Only bona fide residents of

7192

Florida may obtain a resident license pursuant to this

7193

subsection.

7194

(e) Each person who applies for an Apalachicola Bay oyster

7195

harvesting license shall, before receiving the license for the

7196

first time, attend an educational seminar of not more than 16

7197

hours length, developed and conducted jointly by the Department

7198

of Environmental Protection's Apalachicola National Estuarine

7199

Research Reserve, the Division of Law Enforcement of the Fish and

7200

Wildlife Conservation Commission, and the Department of

7201

Agriculture and Consumer Services' Apalachicola District

7202

Shellfish Environmental Assessment Laboratory. The seminar shall

7203

address, among other things, oyster biology, conservation of the

7204

Apalachicola Bay, sanitary care of oysters, small business

7205

management, and water safety. The seminar shall be offered five

7206

times per year, and each person attending shall receive a

7207

certificate of participation to present when obtaining an

7208

Apalachicola Bay oyster harvesting license. The educational

7209

seminar is not required for renewal of an Apalachicola Bay oyster

7210

harvesting license.

7211

(f) Each person, while harvesting oysters in Apalachicola

7212

Bay, shall have in possession a valid Apalachicola Bay oyster

7213

harvesting license, or proof of having applied for a license

7214

within the required time period, and shall produce such license

7215

or proof of application upon request of any law enforcement

7216

officer.

7217

(g) Each person who obtains an Apalachicola Bay oyster

7218

harvesting license shall prominently display the license number

7219

upon any vessel the person owns which is used for the taking of

7220

oysters, in numbers which are at least 10 inches high and 1 inch

7221

wide, so that the permit number is readily identifiable from the

7222

air and water. Only one vessel displaying a given number may be

7223

used at any time. A licensee may harvest oysters from the vessel

7224

of another licensee.

7225

(h) Any person holding an Apalachicola Bay oyster

7226

harvesting license shall receive credit for the license fee

7227

against the saltwater products license fee.

7228

(i) The proceeds from Apalachicola Bay oyster harvesting

7229

license fees shall be deposited in the General Inspection Trust

7230

Fund and, less reasonable administrative costs, shall be used or

7231

distributed by the Department of Agriculture and Consumer

7232

Services for the following purposes in Apalachicola Bay:

7233

1. Relaying and transplanting live oysters.

7234

2. Shell planting to construct or rehabilitate oyster bars.

7235

3. Education programs for licensed oyster harvesters on

7236

oyster biology, aquaculture, boating and water safety,

7237

sanitation, resource conservation, small business management,

7238

marketing, and other relevant subjects.

7239

4. Research directed toward the enhancement of oyster

7240

production in the bay and the water management needs of the bay.

7241

(j) Any person who violates any of the provisions of

7242

paragraphs (b) and (d)-(g) commits a misdemeanor of the second

7243

degree, punishable as provided in ss. 775.082 and 775.083.

7244

Nothing in this subsection shall limit the application of

7245

existing penalties.

7246

(k) Any oyster harvesting license issued pursuant to this

7247

subsection must be in compliance with the rules of the Fish and

7248

Wildlife Conservation Commission regulating gear or equipment,

7249

harvest seasons, size and bag limits, and the taking of saltwater

7250

species.

7251

(6) LICENSE YEAR.--The license year on all licenses

7252

relating to saltwater products dealers, seafood dealers, aliens,

7253

residents, and nonresidents, unless otherwise provided, shall

7254

begin on July 1 of each year and end on June 30 of the next

7255

succeeding year. All licenses shall be so dated. However, if the

7256

commission determines that it is in the best interest of the

7257

state to issue a license required under this chapter to an

7258

individual on the birthday of the applicant, the commission may

7259

establish by rule a procedure to do so. This section does not

7260

apply to licenses and permits when their use is confined to an

7261

open season.

7262

(7) LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE;

7263

EXCEPTION.--Licenses of every kind and nature granted under the

7264

provisions of the fish and game laws of this state are at all

7265

times subject to inspection by the police officers of this state

7266

and the officers of the Fish and Wildlife Conservation

7267

Commission. Such licenses are not transferable unless otherwise

7268

provided by law.

7269

(8) COLLECTION OF LICENSES, FEES.--Unless otherwise

7270

provided by law, all license taxes or fees provided for in this

7271

part chapter shall be collected by the commission or its duly

7272

authorized agents or deputies to be deposited by the Chief

7273

Financial Officer in the Marine Resources Conservation Trust

7274

Fund. The commission may by rule establish a reasonable

7275

processing fee for any free license or permit required under this

7276

part chapter. The commission is authorized to accept payment by

7277

credit card for fees, fines, and civil penalties levied pursuant

7278

to this part chapter.

7279

(9) DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The commission

7280

shall deny the renewal or issuance of any saltwater products

7281

license, wholesale dealer license, or retail dealer license to

7282

anyone that has unpaid fees, civil assessments, or fines owed to

7283

the commission.

7284

Section 145. Section 370.07, Florida Statutes, is

7285

renumbered as section 379.362, Florida Statutes, and amended to

7286

read:

7287

379.362 370.07 Wholesale and retail saltwater products

7288

dealers; regulation.--

7289

(1) DEFINITIONS; LICENSES AUTHORIZED.--Annual license or

7290

privilege taxes are hereby levied and imposed upon dealers in the

7291

state in saltwater products. It is unlawful for any person, firm,

7292

or corporation to deal in any such products without first paying

7293

for and procuring the license required by this section.

7294

Application for all licenses shall be made to the Fish and

7295

Wildlife Conservation Commission on blanks to be furnished by it.

7296

All licenses shall be issued by the commission upon payment to it

7297

of the license tax. The licenses are defined as:

7298

(a)1. "Wholesale county dealer" is any person, firm, or

7299

corporation which sells saltwater products to any person, firm,

7300

or corporation except to the consumer and who may buy saltwater

7301

products in the county designated on the wholesale license from

7302

any person licensed pursuant to s. 379.361(2) 370.06(2) or from

7303

any licensed wholesale dealer.

7304

2. "Wholesale state dealer" is a person, firm, or

7305

corporation which sells saltwater products to any person, firm,

7306

or corporation except to the consumer and who may buy saltwater

7307

products in any county of the state from any person licensed

7308

pursuant to s. 379.361(2) 370.06(2) or from any licensed

7309

wholesale dealer.

7310

3. "Wholesale dealer" is either a county or a state dealer.

7311

(b) A "retail dealer" is any person, firm, or corporation

7312

which sells saltwater products directly to the consumer, but no

7313

license is required of a dealer in merchandise who deals in or

7314

sells saltwater products consumed on the premises or prepared for

7315

immediate consumption and sold to be taken out of any restaurant

7316

licensed by the Division of Hotels and Restaurants of the

7317

Department of Business and Professional Regulation.

7318

7319

Any person, firm, or corporation which is both a wholesale dealer

7320

and a retail dealer shall obtain both a wholesale dealer's

7321

license and a retail dealer's license. If a wholesale dealer has

7322

more than one place of business, the annual license tax shall be

7323

effective for all places of business, provided that the wholesale

7324

dealer supplies to the commission a complete list of additional

7325

places of business upon application for the annual license tax.

7326

(2) LICENSES; AMOUNT, TRUST FUND.--

7327

(a) A resident wholesale county seafood dealer is required

7328

to pay an annual license tax of $300.

7329

(b) A resident wholesale state dealer is required to pay an

7330

annual license tax of $450.

7331

7332

pay an annual license tax of $500.

7333

(d) A nonresident wholesale state dealer is required to pay

7334

an annual license tax of $1,000.

7335

(e) An alien wholesale county dealer is required to pay an

7336

annual license tax of $1,000.

7337

(f) An alien wholesale state dealer is required to pay an

7338

annual license tax of $1,500.

7339

(g) A resident retail dealer is required to pay an annual

7340

license tax of $25; however, if such a dealer has more than one

7341

place of business, the dealer shall designate one place of

7342

business as a central place of business, shall pay an annual

7343

license tax of $25 for such place of business, and shall pay an

7344

annual license tax of $10 for each other place of business.

7345

(h) A nonresident retail dealer is required to pay an

7346

annual license tax of $200; however, if such a dealer has more

7347

than one place of business, the dealer shall designate one place

7348

of business as a central place of business, shall pay an annual

7349

license tax of $200 for such place of business, and shall pay an

7350

annual license tax of $25 for each other place of business.

7351

(i) An alien retail dealer is required to pay an annual

7352

license tax of $250; however, if such a dealer has more than one

7353

place of business, the dealer shall designate one place of

7354

business as a central place of business, shall pay an annual

7355

license tax of $250 for such place of business, and shall pay an

7356

annual license tax of $50 for each other place of business.

7357

(j) License or privilege taxes, together with any other

7358

funds derived from the Federal Government or from any other

7359

source, shall be deposited in a Florida Saltwater Products

7360

Promotion Trust Fund to be administered by the Department of

7361

Agriculture and Consumer Services for the sole purpose of

7362

promoting all fish and saltwater products produced in this state,

7363

except that 4 percent of the total wholesale and retail saltwater

7364

products dealer's license fees collected shall be deposited into

7365

the Marine Resources Conservation Trust Fund administered by the

7366

Fish and Wildlife Conservation Commission for the purpose of

7367

processing wholesale and retail saltwater products dealer's

7368

licenses.

7369

(3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.--The

7370

Department of Agriculture and Consumer Services shall use or

7371

distribute funds paid into the State Treasury to the credit of

7372

the General Inspection Trust Fund pursuant to s. 201.15(11), less

7373

reasonable costs of administration, to fund the following oyster

7374

management and restoration programs in Apalachicola Bay and other

7375

oyster harvest areas in the state:

7376

(a) The relaying and transplanting of live oysters.

7377

(b) Shell planting to construct or rehabilitate oyster

7378

bars.

7379

7380

oyster biology, aquaculture, boating and water safety,

7381

sanitation, resource conservation, small business management, and

7382

other relevant subjects.

7383

(d) Research directed toward the enhancement of oyster

7384

production in the bay and the water management needs of the bay.

7385

(4) TRANSPORTATION OF SALTWATER PRODUCTS.--

7386

(a) A person transporting in this state saltwater products

7387

that were produced in this state, regardless of destination,

7388

shall have in his or her possession invoices, bills of lading, or

7389

other similar instruments showing the number of packages, boxes,

7390

or containers and the number of pounds of each species and the

7391

name, physical address, and the Florida wholesale dealer number

7392

of the dealer of origin.

7393

(b) A person transporting in this state saltwater products

7394

that were produced outside this state to be delivered to a

7395

destination in this state shall have in his or her possession

7396

invoices, bills of lading, or other similar instruments showing

7397

the number of packages, boxes, or containers and the number of

7398

pounds of each species, the name and physical address of the

7399

dealer of origin, and the name, physical address, and Florida

7400

wholesale dealer number of the Florida dealer to whom the

7401

shipment is to be delivered.

7402

7403

that were produced outside this state which are to be delivered

7404

to a destination outside this state shall have in his or her

7405

possession invoices, bills of lading, or other similar

7406

instruments showing the number of packages, boxes, or containers

7407

and the number of pounds of each species, the name and physical

7408

address of the dealer of origin, and the name and physical

7409

address of the dealer to whom the shipment is to be delivered.

7410

(d) If the saltwater products in transit come from more

7411

than one dealer, distributor, or producer, each lot from each

7412

dealer shall be covered by invoices, bills of lading, and other

7413

similar instruments showing the number of boxes or containers and

7414

the number of pounds of each species. Each invoice, bill of

7415

lading, and other similar instrument shall display the wholesale

7416

dealer license number and the name and physical address of the

7417

dealer, distributor, or producer of the lot covered by the

7418

instrument.

7419

(e) It is unlawful to sell, deliver, ship, or transport, or

7420

to possess for the purpose of selling, delivering, shipping, or

7421

transporting, any saltwater products without all invoices

7422

concerning the products having thereon the wholesale dealer

7423

license number in the form prescribed under this subsection and

7424

the rules of the commission. Any saltwater products found in the

7425

possession of any person who is in violation of this paragraph

7426

may be seized by the commission and disposed of in the manner

7427

provided by law.

7428

(f) Nothing contained in this subsection may be construed

7429

to apply to the sale and delivery to a consumer of saltwater

7430

products in an ordinary retail transaction by a licensed retail

7431

dealer who has purchased such products from a licensed wholesale

7432

dealer, or to the sale and delivery of the catch or products of a

7433

saltwater products licensee to a Florida-licensed wholesale

7434

dealer.

7435

(g) Wholesale dealers' licenses shall be issued only to

7436

applicants who furnish to the commission satisfactory evidence of

7437

law-abiding reputation and who pledge themselves to faithfully

7438

observe all of the laws, rules, and regulations of this state

7439

relating to the conservation of, dealing in, or taking, selling,

7440

transporting, or possession of saltwater products, and to

7441

cooperate in the enforcement of all such laws to every reasonable

7442

extent. This pledge may be included in the application for

7443

license.

7444

(h) A wholesale dealer, retail dealer, or restaurant

7445

facility shall not purchase or sell for public consumption any

7446

saltwater products known to be taken illegally, or known to be

7447

taken in violation of s. 16, Art. X of the State Constitution, or

7448

any rule or statute implementing its provisions.

7449

(i) Any person who violates the provisions of this

7450

subsection commits a misdemeanor of the first degree, punishable

7451

as provided in s. 775.082 or s. 775.083.

7452

(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

7453

(a) A license issued to a wholesale or retail dealer is

7454

good only to the person to whom issued and named therein and is

7455

not transferable. The commission may revoke, suspend, or deny the

7456

renewal of the license of any licensee:

7457

1. Upon the conviction of the licensee of any violation of

7458

the laws or regulations designed for the conservation of

7459

saltwater products;

7460

2. Upon conviction of the licensee of knowingly dealing in,

7461

buying, selling, transporting, possessing, or taking any

7462

saltwater product, at any time and from any waters, in violation

7463

of the laws of this state; or

7464

3. Upon satisfactory evidence of any violation of the laws

7465

or any regulations of this state designed for the conservation of

7466

saltwater products or of any of the laws of this state relating

7467

to dealing in, buying, selling, transporting, possession, or

7468

taking of saltwater products.

7469

(b) Upon revocation of such license, no other or further

7470

license may be issued to the dealer within 3 years from the date

7471

of revocation except upon special order of the commission. After

7472

revocation, it is unlawful for such dealer to exercise any of the

7473

privileges of a licensed wholesale or retail dealer.

7474

7475

pursuant to this subsection, the commission may impose penalties

7476

pursuant to s. 379.407 370.021.

7477

(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

7478

(a) Wholesale dealers shall be required by the commission

7479

to make and preserve a record of the names and addresses of

7480

persons from whom or to whom saltwater products are purchased or

7481

sold, the quantity so purchased or sold from or to each vendor or

7482

purchaser, and the date of each such transaction. Retail dealers

7483

shall be required to make and preserve a record from whom all

7484

saltwater products are purchased. Such record shall be open to

7485

inspection at all times by the commission. A report covering the

7486

sale of saltwater products shall be made monthly or as often as

7487

required by rule to the commission by each wholesale dealer. All

7488

reports required under this subsection are confidential and shall

7489

be exempt from the provisions of s. 119.07(1) except that,

7490

pursuant to authority related to interstate fishery compacts as

7491

provided by ss. 379.2253(3) and 379.2254(3) 370.19(3) and

7492

370.20(3), reports may be shared with another state if that state

7493

is a member of an interstate fisheries compact, and if that state

7494

has signed a Memorandum of Agreement or a similar instrument

7495

agreeing to preserve confidentiality as established by Florida

7496

law.

7497

(b) The commission may revoke, suspend, or deny the renewal

7498

of the license of any dealer for failure to make and keep

7499

required records, for failure to make required reports, for

7500

failure or refusal to permit the examination of required records,

7501

or for falsifying any such record. In addition to, or in lieu of,

7502

the penalties imposed pursuant to this paragraph and s. 370.021,

7503

the commission may impose against any person, firm, or

7504

corporation who is determined to have violated any provision of

7505

this paragraph or any provisions of any commission rules adopted

7506

pursuant to s. 370.0607, the following additional penalties:

7507

1. For the first violation, a civil penalty of up to

7508

$1,000;

7509

2. For a second violation committed within 24 months of any

7510

previous violation, a civil penalty of up to $2,500; and

7511

3. For a third or subsequent violation committed within 36

7512

months of any previous two violations, a civil penalty of up to

7513

$5,000.

7514

7515

The proceeds of all civil penalties collected pursuant to this

7516

subsection shall be deposited into the Marine Resources

7517

Conservation Trust Fund and shall be used for administration,

7518

auditing, and law enforcement purposes.

7519

(7) PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

7520

LOCATION.--Wholesale dealers purchasing saltwater products

7521

pursuant to s. 379.361(2) 370.06(2) at any site other than a site

7522

located in a county where the dealer has a permanent address must

7523

notify the Fish and Wildlife Conservation Commission of the

7524

location of the temporary site of business for each day business

7525

is to be conducted at such site.

7526

(8) UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

7527

unlawful for any licensed retail dealer or any restaurant

7528

licensed by the Division of Hotels and Restaurants of the

7529

Department of Business and Professional Regulation to buy

7530

saltwater products from any person other than a licensed

7531

wholesale or retail dealer. For purposes of this subsection, any

7532

saltwater products received by a retail dealer or a restaurant

7533

are presumed to have been purchased.

7534

Section 146. Section 372.65, Florida Statutes, is

7535

renumbered as section 379.363, Florida Statutes, and amended to

7536

read:

7537

379.363 372.65 Freshwater fish dealer's license.--

7538

(1) No person shall engage in the business of taking for

7539

sale or selling any frogs or freshwater fish, including live

7540

bait, of any species or size, or importing any exotic or

7541

nonindigenous fish, until such person has obtained a license and

7542

paid the fee therefor as set forth herein. The license issued

7543

shall be in the possession of the person to whom issued while

7544

such person is engaging in the business of taking for sale or

7545

selling freshwater fish or frogs, is not transferable, shall bear

7546

on its face in indelible ink the name of the person to whom it is

7547

issued, and shall be affixed to a license identification card

7548

issued by the commission. Such license is not valid unless it

7549

bears the name of the person to whom it is issued and is so

7550

affixed. The failure of such person to exhibit such license to

7551

the commission or any of its wildlife officers when such person

7552

is found engaging in such business is a violation of law. The

7553

license fees and activities permitted under particular licenses

7554

are as follows:

7555

(a) The fee for a resident commercial fishing license,

7556

which permits a resident to take freshwater fish or frogs by any

7557

lawful method prescribed by the commission and to sell such fish

7558

or frogs, shall be $25. The license provided for in this

7559

paragraph shall also allow noncommercial fishing as provided by

7560

law and commission rules, and the license in s. 379.354(4)(a)

7561

372.57(4)(a) shall not be required.

7562

(b) The fee for a resident freshwater fish dealer's

7563

license, which permits a resident to import, export, or sell

7564

freshwater fish or frogs, including live bait, shall be $40.

7565

7566

which permits a nonresident to take freshwater fish or frogs as

7567

provided in paragraph (a), shall be $100.

7568

(d) The fee for a nonresident retail fish dealer's license,

7569

which permits a nonresident to sell freshwater fish or frogs to a

7570

consumer, shall be $100.

7571

(e) The fee for a nonresident wholesale fish dealer's

7572

license, which permits a nonresident to sell freshwater fish or

7573

frogs within the state, and to buy freshwater fish or frogs for

7574

resale, shall be $500.

7575

(f) The fee for a nonresident wholesale fish buyer's

7576

license, which permits a nonresident who does not sell freshwater

7577

fish or frogs in Florida to buy freshwater fish or frogs from

7578

resident fish dealers for resale outside the state, shall be $50.

7579

(g) Any individual or business issued an aquaculture

7580

certificate, pursuant to s. 597.004, shall be exempt from the

7581

requirements of this part chapter with respect to aquaculture

7582

products authorized under such certificate.

7583

(h) There is levied, in addition to any other license fee

7584

thereon, an annual gear license fee of $50 upon each person

7585

fishing with trawl seines used in the fresh waters of the state.

7586

(i) There is levied, in addition to any other license fee

7587

thereon, an annual gear license fee of $100 upon each person

7588

fishing with haul seines used in the fresh waters of the state.

7589

(2) Each boat engaged in commercial fishing shall have at

7590

least one licensed commercial fisher on board.

7591

(3) It shall be unlawful for any resident freshwater fish

7592

dealer, or any nonresident wholesale or nonresident retail fish

7593

dealer, or any nonresident wholesale fish buyer to buy freshwater

7594

fish or frogs from any unlicensed person.

7595

Section 147. Section 372.651, Florida Statutes, is

7596

renumbered as section 379.3635, Florida Statutes, and amended to

7597

read:

7598

379.3635 372.651 Haul seine and trawl permits; Lake

7599

Okeechobee freshwater lakes in excess of 500 square miles;

7600

fees.--

7601

(1) The Fish and Wildlife Conservation Commission is

7602

authorized to issue permits for each haul seine or trawl used in

7603

Lake Okeechobee freshwater lakes in the state having an area in

7604

excess of 500 square miles.

7605

(2) The commission may charge an annual fee for the

7606

issuance of such permits which shall not exceed:

7607

(a) For a resident trawl permit, $50.

7608

(b) For a resident haul seine permit, $100.

7609

7610

$500.

7611

Section 148. Section 372.66, Florida Statutes, is

7612

renumbered as section 379.364, Florida Statutes, to read:

7613

379.364 372.66 License required for fur and hide dealers.--

7614

(1) It is unlawful for any person to engage in the business

7615

of a dealer or buyer in alligator skins or green or dried furs in

7616

the state or purchase such skins within the state until such

7617

person has been licensed as herein provided.

7618

(2) Any resident dealer or buyer who solicits business

7619

through the mails, or by advertising, or who travels to buy or

7620

employs or has other agents or buyers, shall be deemed a resident

7621

state dealer and must pay a license fee of $100 per annum.

7622

(3) A nonresident dealer or buyer must pay a license fee of

7623

$500 per annum.

7624

(4) All dealers and buyers shall forward to the Fish and

7625

Wildlife Conservation Commission each 2 weeks during open season

7626

a report showing number and kind of hides bought and name of

7627

trapper from whom bought and the trapper's license number, or if

7628

trapper is exempt from license under any of the provisions of

7629

this chapter, such report shall show the nature of such

7630

exemption. A common carrier may not knowingly ship or transport

7631

or receive for transportation any hides or furs unless such

7632

shipments have marked thereon name of shipper and the number of

7633

her or his fur-animal license or fur dealer's license.

7634

Section 149. Section 370.13, Florida Statutes, is

7635

renumbered as section 379.365, Florida Statutes, and amended to

7636

read:

7637

379.365 370.13 Stone crab; regulation.--

7638

(1) FEES AND EQUITABLE RENT.--

7639

(a) Endorsement fee.--The fee for a stone crab endorsement

7640

for the taking of stone crabs, as required by rule of the Fish

7641

and Wildlife Conservation Commission, is $125, $25 of which must

7642

be used solely for trap retrieval under s. 379.2424 370.143.

7643

(b) Certificate fees.--

7644

1. For each trap certificate issued by the commission under

7645

the requirements of the stone crab trap limitation program

7646

established by commission rule, there is an annual fee of 50

7647

cents per certificate. Replacement tags for lost or damaged tags

7648

cost 50 cents each plus the cost of shipping. In the event of a

7649

major natural disaster, such as a hurricane or major storm, that

7650

causes massive trap losses within an area declared by the

7651

Governor to be a disaster emergency area, the commission may

7652

temporarily defer or waive replacement tag fees.

7653

2. The fee for transferring trap certificates is $1 per

7654

certificate transferred, except that the fee for eligible crew

7655

members is 50 cents per certificate transferred. Eligible crew

7656

members shall be determined according to criteria established by

7657

rule of the commission. Payment must be made by money order or

7658

cashier's check, submitted with the certificate transfer form

7659

developed by the commission.

7660

3. In addition to the transfer fee, a surcharge of $1 per

7661

certificate transferred, or 25 percent of the actual value of the

7662

transferred certificate, whichever is greater, will be assessed

7663

the first time a certificate is transferred outside the original

7664

holder's immediate family.

7665

4. Transfer fees and surcharges only apply to the actual

7666

number of certificates received by the purchaser. A transfer of a

7667

certificate is not effective until the commission receives a

7668

notarized copy of the bill of sale as proof of the actual value

7669

of the transferred certificate or certificates, which must also

7670

be submitted with the transfer form and payment.

7671

5. A transfer fee will not be assessed or required when the

7672

transfer is within a family as a result of the death or

7673

disability of the certificate owner. A surcharge will not be

7674

assessed for any transfer within an individual's immediate

7675

family.

7676

7677

take endorsement, as established by commission rule, is $25.

7678

(d) Equitable rent.--The commission may establish by rule

7679

an amount of equitable rent per trap certificate that may be

7680

recovered as partial compensation to the state for the enhanced

7681

access to its natural resources. In determining whether to

7682

establish such a rent and the amount thereof, the commission may

7683

consider the amount of revenues annually generated by endorsement

7684

fees, trap certificate fees, transfer fees, surcharges,

7685

replacement trap tag fees, trap retrieval fees, incidental take

7686

endorsement fees, and the continued economic viability of the

7687

commercial stone crab industry. A rule establishing an amount of

7688

equitable rent shall become effective only after approval by the

7689

Legislature.

7690

(e) Disposition of fees, surcharges, civil penalties and

7691

fines, and equitable rent.--Endorsement fees, trap certificate

7692

fees, transfer fees, civil penalties and fines, surcharges,

7693

replacement trap tag fees, trap retrieval fees, incidental take

7694

endorsement fees, and equitable rent, if any, must be deposited

7695

in the Marine Resources Conservation Trust Fund. Up to 50 percent

7696

of the revenues generated under this section may be used for

7697

operation and administration of the stone crab trap limitation

7698

program. All remaining revenues so generated must be used for

7699

trap retrieval, management of the stone crab fishery, public

7700

education activities, evaluation of the impact of trap reductions

7701

on the stone crab fishery, and enforcement activities in support

7702

of the stone crab trap limitation program.

7703

(f) Program to be self-supporting.--The stone crab trap

7704

limitation program is intended to be a self-supporting program

7705

funded from proceeds generated under this section.

7706

(g) No vested rights.--The stone crab trap limitation

7707

program does not create any vested rights for endorsement or

7708

certificateholders and may be altered or terminated by the

7709

commission as necessary to protect the stone crab resource, the

7710

participants in the fishery, or the public interest.

7711

(2) PENALTIES.--For purposes of this subsection, conviction

7712

is any disposition other than acquittal or dismissal, regardless

7713

of whether the violation was adjudicated under any state or

7714

federal law.

7715

(a) It is unlawful to violate commission rules regulating

7716

stone crab trap certificates and trap tags. No person may use an

7717

expired tag or a stone crab trap tag not issued by the commission

7718

or possess or use a stone crab trap in or on state waters or

7719

adjacent federal waters without having a trap tag required by the

7720

commission firmly attached thereto.

7721

1. In addition to any other penalties provided in s.

7722

379.407 370.021, for any commercial harvester who violates this

7723

paragraph, the following administrative penalties apply.

7724

a. For a first violation, the commission shall assess an

7725

administrative penalty of up to $1,000.

7726

b. For a second violation that occurs within 24 months of

7727

any previous such violation, the commission shall assess an

7728

administrative penalty of up to $2,000 and the stone crab

7729

endorsement under which the violation was committed may be

7730

suspended for 12 calendar months.

7731

c. For a third violation that occurs within 36 months of

7732

any previous two such violations, the commission shall assess an

7733

administrative penalty of up to $5,000 and the stone crab

7734

endorsement under which the violation was committed may be

7735

suspended for 24 calendar months.

7736

d. A fourth violation that occurs within 48 months of any

7737

three previous such violations, shall result in permanent

7738

revocation of all of the violator's saltwater fishing privileges,

7739

including having the commission proceed against the endorsement

7740

holder's saltwater products license in accordance with s. 379.407

7741

370.021.

7742

2. Any other person who violates the provisions of this

7743

paragraph commits a Level Two violation under s. 379.401 372.83.

7744

7745

Any commercial harvester assessed an administrative penalty under

7746

this paragraph shall, within 30 calendar days after notification,

7747

pay the administrative penalty to the commission, or request an

7748

administrative hearing under ss. 120.569 and 120.57. The proceeds

7749

of all administrative penalties collected under this paragraph

7750

shall be deposited in the Marine Resources Conservation Trust

7751

Fund.

7752

(b) It is unlawful for any commercial harvester to remove

7753

the contents of another harvester's stone crab trap or take

7754

possession of such without the express written consent of the

7755

trap owner available for immediate inspection. Unauthorized

7756

possession of another's trap gear or removal of trap contents

7757

constitutes theft.

7758

1. Any commercial harvester convicted of theft of or from a

7759

trap pursuant to this subsection or s. 379.402 370.1107 shall, in

7760

addition to the penalties specified in s. 379.407 370.021 and the

7761

provisions of this section, permanently lose all saltwater

7762

fishing privileges, including saltwater products licenses, stone

7763

crab or incidental take endorsements, and all trap certificates

7764

allotted to such commercial harvester by the commission. In such

7765

cases, trap certificates and endorsements are nontransferable.

7766

2. In addition, any commercial harvester convicted of

7767

violating the prohibitions referenced in this paragraph shall

7768

also be assessed an administrative penalty of up to $5,000.

7769

Immediately upon receiving a citation for a violation involving

7770

theft of or from a trap and until adjudicated for such a

7771

violation, or, upon receipt of a judicial disposition other than

7772

dismissal or acquittal on such a violation, the violator is

7773

prohibited from transferring any stone crab or spiny lobster

7774

certificates.

7775

3. Any other person who violates the provisions of this

7776

paragraph commits a Level Two violation under s. 379.401 372.83.

7777

7778

prohibit any of the following:

7779

a. The willful molestation of any stone crab trap, line, or

7780

buoy that is the property of any licenseholder, without the

7781

permission of that licenseholder.

7782

b. The bartering, trading, or sale, or conspiring or aiding

7783

in such barter, trade, or sale, or supplying, agreeing to supply,

7784

aiding in supplying, or giving away stone crab trap tags or

7785

certificates unless the action is duly authorized by the

7786

commission as provided by commission rules.

7787

c. The making, altering, forging, counterfeiting, or

7788

reproducing of stone crab trap tags.

7789

d. Possession of forged, counterfeit, or imitation stone

7790

crab trap tags.

7791

e. Engaging in the commercial harvest of stone crabs during

7792

the time either of the endorsements is under suspension or

7793

revocation.

7794

2. Any commercial harvester who violates this paragraph

7795

commits a felony of the third degree, punishable as provided in

7796

s. 775.082, s. 775.083, or s. 775.084.

7797

3. Any other person who violates this paragraph commits a

7798

Level Four violation under s. 379.401 372.83.

7799

7800

In addition, any commercial harvester convicted of violating this

7801

paragraph shall also be assessed an administrative penalty of up

7802

to $5,000, and the incidental take endorsement and/or the stone

7803

crab endorsement under which the violation was committed may be

7804

suspended for up to 24 calendar months. Immediately upon

7805

receiving a citation involving a violation of this paragraph and

7806

until adjudicated for such a violation, or if convicted of such a

7807

violation, the person, firm, or corporation committing the

7808

violation is prohibited from transferring any stone crab

7809

certificates or endorsements.

7810

(d) For any commercial harvester convicted of fraudulently

7811

reporting the actual value of transferred stone crab

7812

certificates, the commission may automatically suspend or

7813

permanently revoke the seller's or the purchaser's stone crab

7814

endorsements. If the endorsement is permanently revoked, the

7815

commission shall also permanently deactivate the endorsement

7816

holder's stone crab certificate accounts. Whether an endorsement

7817

is suspended or revoked, the commission may also levy a fine

7818

against the holder of the endorsement of up to twice the

7819

appropriate surcharge to be paid based on the fair market value

7820

of the transferred certificates.

7821

(e) During any period of suspension or revocation of an

7822

endorsement holder's endorsement, he or she shall remove all

7823

traps subject to that endorsement from the water within 15 days

7824

after notice provided by the commission. Failure to do so will

7825

extend the period of suspension or revocation for an additional 6

7826

calendar months.

7827

(f) An endorsement will not be renewed until all fees and

7828

administrative penalties imposed under this section are paid.

7829

(3) DEPREDATION PERMITS.--The Fish and Wildlife

7830

Conservation Commission shall issue a depredation permit upon

7831

request to any marine aquaculture producer, as defined in s.

7832

379.2523 370.26, engaged in the culture of shellfish, which shall

7833

entitle the aquaculture producer to possess and use up to 75

7834

stone crab traps and up to 75 blue crab traps for the sole

7835

purpose of taking destructive or nuisance stone crabs or blue

7836

crabs within 1 mile of the producer's aquaculture shellfish beds.

7837

Stone crabs or blue crabs taken under this subsection may not be

7838

sold, bartered, exchanged, or offered for sale, barter, or

7839

exchange.

7840

(4) For the 2006-2007 fiscal year only, the trap tag fees

7841

required by this section shall be waived by the commission. This

7842

subsection expires July 1, 2007.

7843

Section 150. Section 370.135, Florida Statutes, is

7844

renumbered as section 379.366, Florida Statutes, and amended to

7845

read:

7846

379.366 370.135 Blue crab; regulation.--

7847

(1) No commercial harvester shall transport on the water,

7848

fish with or cause to be fished with, set, or place any trap

7849

designed for taking blue crabs unless such commercial harvester

7850

holds a valid saltwater products license and restricted species

7851

endorsement issued under s. 379.361 370.06 and a blue crab

7852

endorsement issued under this section. Each trap shall have the

7853

harvester's blue crab endorsement number permanently affixed to

7854

it. Each buoy attached to such a trap shall also have the

7855

harvester's blue crab endorsement number permanently attached to

7856

the buoy. The blue crab endorsement number shall be affixed in

7857

legible figures at least 2 inches high on each buoy used. The

7858

saltwater products license must be on board the boat, and both

7859

the license and the crabs shall be subject to inspection at all

7860

times. This subsection shall not apply to an individual fishing

7861

with no more than five traps.

7862

(2) No person shall harvest blue crabs with more than five

7863

traps, harvest blue crabs in commercial quantities, or sell blue

7864

crabs unless such person holds a valid saltwater products license

7865

with a restricted species endorsement issued under s. 379.361

7866

370.06 and a blue crab endorsement issued under this section.

7867

(a) In the event of the death or disability of a person

7868

holding an active blue crab endorsement, the endorsement may be

7869

transferred by the person to a member of his or her immediate

7870

family or may be renewed by any person so designated by the

7871

executor of the person's estate.

7872

(b) A commercial harvester who holds a saltwater products

7873

license and a blue crab endorsement that is issued to the

7874

commercial harvester's vessel registration number and who

7875

replaces an existing vessel with a new vessel may transfer the

7876

existing blue crab endorsement to the saltwater products license

7877

of the new vessel.

7878

(3)(a) Endorsement fees.--

7879

1. The fee for a hard-shell blue crab endorsement for the

7880

taking of hard-shell blue crabs, as authorized by rule of the

7881

commission, is $125, $25 of which must be used solely for the

7882

trap retrieval program authorized under s. 379.2424 370.143 and

7883

in commission rules.

7884

2. The fee for a soft-shell blue crab endorsement for the

7885

taking of soft-shell blue crabs, as authorized by rule of the

7886

commission, is $250, $25 of which must be used solely for the

7887

trap retrieval program authorized under s. 379.2424 370.143 and

7888

in commission rules.

7889

3. The fee for a nontransferable hard-shell blue crab

7890

endorsement for the taking of hard-shell blue crabs, as

7891

authorized by rule of the commission, is $125, $25 of which must

7892

be used solely for the trap retrieval program authorized under s.

7893

379.2424 370.143 and in commission rules.

7894

4. The fee for an incidental take blue crab endorsement for

7895

the taking of blue crabs as bycatch in shrimp trawls and stone

7896

crab traps is $25, as authorized in commission rules.

7897

(b) Trap tag fees.--The annual fee for each trap tag issued

7898

by the commission under the requirements of the blue crab effort

7899

management program established by rule of the commission is 50

7900

cents per tag. The fee for replacement tags for lost or damaged

7901

tags is 50 cents per tag plus the cost of shipping. In the event

7902

of a major natural disaster, such as a hurricane or major storm,

7903

that causes massive trap losses within an area declared by the

7904

Governor to be a disaster emergency area, the commission may

7905

temporarily defer or waive replacement tag fees.

7906

7907

an amount of equitable rent that may be recovered as partial

7908

compensation to the state for the enhanced access to its natural

7909

resources. In determining whether to establish such a rent and

7910

the amount thereof, the commission may consider the amount of

7911

revenues annually generated by endorsement fees, trap tag fees,

7912

replacement trap tag fees, trap retrieval fees, and the continued

7913

economic viability of the commercial blue crab industry. A rule

7914

establishing an amount of equitable rent shall become effective

7915

only upon approval by act of the Legislature.

7916

(d) Disposition of moneys generated from fees and

7917

administrative penalties.--Moneys generated from the sale of blue

7918

crab endorsements, trap tags, and replacement trap tags or from

7919

the assessment of administrative penalties by the commission

7920

under this section shall be deposited into the Marine Resources

7921

Conservation Trust Fund. Up to 50 percent of the moneys generated

7922

from the sale of endorsements and trap tags and the assessment of

7923

administrative penalties may be used for the operation and

7924

administration of the blue crab effort management program. The

7925

remaining moneys generated from the sale of endorsements and trap

7926

tags and the assessment of administrative penalties may be used

7927

for trap retrieval; management of the blue crab fishery; and

7928

public education activities, research, and enforcement activities

7929

in support of the blue crab effort management program.

7930

(e) Waiver of fees.--For the 2007-2008 license year, the

7931

commission shall waive all fees under this subsection for all

7932

persons who qualify by September 30, 2007, to participate in the

7933

blue crab effort management program established by commission

7934

rule.

7935

(4)(a) Untagged trap penalties.--By July 1, 2008, the

7936

commission shall adopt by rule the administrative penalties

7937

authorized by this subsection. In addition to any other penalties

7938

provided in s. 379.407 370.021 for any blue crab endorsement

7939

holder who violates commission rules requiring the placement of

7940

trap tags for traps used for the directed harvest of blue crabs,

7941

the following administrative penalties apply:

7942

1. For a first violation, the commission shall assess an

7943

administrative penalty of up to $1,000.

7944

2. For a second violation that occurs within 24 months

7945

after any previous such violation, the commission shall assess an

7946

administrative penalty of up to $2,000, and the blue crab

7947

endorsement holder's blue crab fishing privileges may be

7948

suspended for 12 calendar months.

7949

3. For a third violation that occurs within 36 months after

7950

any two previous such violations, the commission shall assess an

7951

administrative penalty of up to $5,000, and the blue crab

7952

endorsement holder's blue crab fishing privileges may be

7953

suspended for 24 calendar months.

7954

4. A fourth violation that occurs within 48 months after

7955

any three previous such violations shall result in permanent

7956

revocation of all of the violator's saltwater fishing privileges,

7957

including having the commission proceed against the endorsement

7958

holder's saltwater products license in accordance with s. 379.407

7959

370.021.

7960

7961

Any blue crab endorsement holder assessed an administrative

7962

penalty under this paragraph shall, within 30 calendar days after

7963

notification, pay the administrative penalty to the commission or

7964

request an administrative hearing under ss. 120.569 and 120.57.

7965

(b) Trap theft; prohibitions and penalties.--It is unlawful

7966

for any person to remove or take possession of the contents of

7967

another harvester's blue crab trap without the express written

7968

consent of the trap owner, which must be available for immediate

7969

inspection. Unauthorized possession of another harvester's blue

7970

crab trap gear or removal of trap contents constitutes theft.

7971

1. Any commercial harvester receiving a judicial

7972

disposition other than dismissal or acquittal on a charge of

7973

theft of or from a trap as prohibited by this paragraph shall, in

7974

addition to the penalties specified in s. 379.407 370.021 and

7975

this section, permanently lose all saltwater fishing privileges,

7976

including any saltwater products licenses, blue crab

7977

endorsements, and blue crab trap tags allotted to him or her by

7978

the commission. In such cases, endorsements are nontransferable.

7979

2. In addition, any commercial harvester receiving a

7980

judicial disposition other than dismissal or acquittal for

7981

violating this paragraph shall also be assessed an administrative

7982

penalty of up to $5,000. Immediately upon receipt of a citation

7983

for a violation involving theft of or from a trap and until

7984

adjudicated for such a violation, or upon receipt of a judicial

7985

disposition other than dismissal or acquittal for such a

7986

violation, the commercial harvester committing the violation is

7987

prohibited from transferring any blue crab endorsements.

7988

3. A commercial harvester who violates this paragraph shall

7989

be punished under s. 379.407 370.021. Any other person who

7990

violates this paragraph commits a Level Two violation under s.

7991

379.401 372.83.

7992

7993

1. It is unlawful for any commercial harvester or any other

7994

person to:

7995

a. Willfully molest any blue crab trap, line, or buoy that

7996

is the property of any licenseholder without the permission of

7997

that licenseholder.

7998

b. Barter, trade, lease, or sell a blue crab trap tag or

7999

conspire or aid in such barter, trade, lease, or sale unless duly

8000

authorized by commission rules.

8001

c. Supply, agree to supply, aid in supplying, or give away

8002

a blue crab trap tag unless duly authorized by commission rules.

8003

d. Make, alter, forge, counterfeit, or reproduce a blue

8004

crab trap tag.

8005

e. Possess an altered, forged, counterfeit, or imitation

8006

blue crab trap tag.

8007

f. Possess a number of original trap tags or replacement

8008

trap tags, the sum of which exceeds by 1 percent the number of

8009

traps allowed by commission rules.

8010

g. Engage in the commercial harvest of blue crabs while the

8011

blue crab endorsements of the licenseholder are under suspension

8012

or revocation.

8013

2. Immediately upon receiving a citation involving a

8014

violation of this paragraph and until adjudicated for such a

8015

violation, a commercial harvester is prohibited from transferring

8016

any blue crab endorsement.

8017

3. A commercial harvester convicted of violating this

8018

paragraph commits a felony of the third degree, punishable as

8019

provided in s. 775.082, s. 775.083, or s. 775.084, shall also be

8020

assessed an administrative penalty of up to $5,000, and is

8021

immediately prohibited from transferring any blue crab

8022

endorsement. All blue crab endorsements issued to a commercial

8023

harvester convicted of violating this paragraph may be suspended

8024

for up to 24 calendar months.

8025

4. Any other person convicted of violating this paragraph

8026

commits a Level Four violation under s. 379.401 372.83.

8027

(d) Endorsement transfers; fraudulent reports;

8028

penalties.--For a commercial harvester convicted of fraudulently

8029

reporting the actual value of transferred blue crab endorsements,

8030

the commission may automatically suspend or permanently revoke

8031

the seller's or the purchaser's blue crab endorsements. If the

8032

endorsement is permanently revoked, the commission shall also

8033

permanently deactivate the endorsement holder's blue crab trap

8034

tag accounts.

8035

(e) Prohibitions during endorsement suspension and

8036

revocation.--During any period of suspension or after revocation

8037

of a blue crab endorsement holder's endorsements, he or she

8038

shall, within 15 days after notice provided by the commission,

8039

remove from the water all traps subject to that endorsement.

8040

Failure to do so shall extend the period of suspension for an

8041

additional 6 calendar months.

8042

(5) For purposes of this section, a conviction is any

8043

disposition other than acquittal or dismissal.

8044

(6) A blue crab endorsement may not be renewed until all

8045

fees and administrative penalties imposed under this section are

8046

paid.

8047

(7) Subsections (3), (4), (5), and (6) shall expire on July

8048

1, 2009, unless reenacted by the Legislature during the 2009

8049

Regular Session.

8050

Section 151. Section 370.14, Florida Statutes, is

8051

renumbered as section 379.367, Florida Statutes, and amended to

8052

read:

8053

379.367 370.14 Spiny lobster; regulation.--

8054

(1) It is the intent of the Legislature to maintain the

8055

spiny lobster industry for the economy of the state and to

8056

conserve the stocks supplying this industry. The provisions of

8057

this act regulating the taking of spiny lobster are for the

8058

purposes of ensuring and maintaining the highest possible

8059

production of spiny lobster.

8060

(2)(a)1. Each commercial harvester taking or attempting to

8061

take spiny lobster with a trap in commercial quantities or for

8062

commercial purposes shall obtain and exhibit a spiny lobster

8063

endorsement number, as required by the Fish and Wildlife

8064

Conservation Commission. The annual fee for a spiny lobster

8065

endorsement is $125. This endorsement may be issued by the

8066

commission upon the receipt of application by the commercial

8067

harvester when accompanied by the payment of the fee. The design

8068

of the applications and of the trap tag shall be determined by

8069

the commission. Any trap or device used in taking or attempting

8070

to take spiny lobster, other than a trap with the endorsement

8071

number, shall be seized and destroyed by the commission. The

8072

proceeds of the fees imposed by this paragraph shall be deposited

8073

and used as provided in paragraph (b). The commission may adopt

8074

rules to carry out the intent of this section.

8075

2. Each commercial harvester taking or attempting to take

8076

spiny lobster in commercial quantities or for commercial purposes

8077

by any method, other than with a trap having a spiny lobster

8078

endorsement number issued by the commission, must pay an annual

8079

fee of $100.

8080

(b) Twenty-five dollars of the $125 fee for a spiny lobster

8081

endorsement required under subparagraph (a)1. must be used only

8082

for trap retrieval as provided in s. 379.2424 370.143. The

8083

remainder of the fees collected under paragraph (a) shall be

8084

deposited as follows:

8085

1. Fifty percent of the fees collected shall be deposited

8086

in the Marine Resources Conservation Trust Fund for use in

8087

enforcing the provisions of paragraph (a) through aerial and

8088

other surveillance and trap retrieval.

8089

2. Fifty percent of the fees collected shall be deposited

8090

as provided in s. 379.3671(5) 370.142(5).

8091

(3) The spiny lobster endorsement must be on board the

8092

boat, and both the endorsement and the harvested spiny lobster

8093

shall be subject to inspection at all times. Only one endorsement

8094

shall be issued for each boat. The spiny lobster endorsement

8095

number must be prominently displayed above the topmost portion of

8096

the boat so as to be easily and readily identified.

8097

(4)(a) It is unlawful for any person willfully to molest

8098

any spiny lobster traps, lines, or buoys belonging to another

8099

without permission of the licenseholder.

8100

(b) A commercial harvester who violates this subsection

8101

commits a felony of the third degree, punishable as provided in

8102

s. 775.082 or s. 775.083. Any other person who violates this

8103

subsection commits a Level Four violation under s. 379.401

8104

372.83.

8105

(5) Any spiny lobster licenseholder, upon selling licensed

8106

spiny lobster traps, shall furnish the commission notice of such

8107

sale of all or part of his or her interest within 15 days

8108

thereof. Any holder of said license shall also notify the

8109

commission within 15 days if his or her address no longer

8110

conforms to the address appearing on the license and shall, as a

8111

part of such notification, furnish the commission with his or her

8112

new address.

8113

(6)(a) By a special permit granted by the commission, a

8114

Florida-licensed seafood dealer may lawfully import, process, and

8115

package spiny lobster or uncooked tails of the species Panulirus

8116

argus during the closed season. However, spiny lobster landed

8117

under special permit shall not be sold in the state.

8118

(b) The licensed seafood dealer importing any such spiny

8119

lobster under the permit shall, 12 hours prior to the time the

8120

seagoing vessel or airplane delivering such imported spiny

8121

lobster enters the state, notify the commission as to the

8122

seagoing vessel's name or the airplane's registration number and

8123

its captain, location, and point of destination.

8124

8125

permitholder's place of business, the spiny lobster cargo shall

8126

be weighed and shall be available for inspection by the

8127

commission. A signed receipt of such quantity in pounds shall be

8128

forwarded to the commission within 48 hours after shipment weigh-

8129

in completion. If requested by the commission, the weigh-in

8130

process will be delayed up to 4 hours to allow for a commission

8131

representative to be present during the process.

8132

(d) Within 48 hours after shipment weigh-in completion, the

8133

permitholder shall submit to the commission, on forms provided by

8134

the commission, a sworn report of the quantity in pounds of the

8135

spiny lobster received, which report shall include the location

8136

of said spiny lobster and a sworn statement that said spiny

8137

lobster were taken at least 50 miles from Florida's shoreline.

8138

The landing of spiny lobster or spiny lobster tails from which

8139

the eggs, swimmerettes, or pleopods have been removed; the

8140

falsification of information as to area from which spiny lobster

8141

were obtained; or the failure to file the report called for in

8142

this section shall be grounds to revoke the permit.

8143

(e) Each permitholder shall keep throughout the period of

8144

the closed season copies of the bill of sale or invoices covering

8145

each transaction involving spiny lobster imported under this

8146

permit. Such invoices and bills shall be kept available at all

8147

times for inspection by the commission.

8148

(7)(a) A Florida-licensed seafood dealer may obtain a

8149

special permit to import, process, and package uncooked tails of

8150

spiny lobster upon the payment of the sum of $100 to the

8151

commission.

8152

(b) A special permit must be obtained by any airplane or

8153

seagoing vessel other than a common carrier used to transport

8154

spiny lobster or spiny lobster tails for purchase by licensed

8155

seafood dealers for purposes as provided herein upon the payment

8156

of $50.

8157

8158

nontransferable.

8159

(8) No common carrier or employee of said carrier may

8160

carry, knowingly receive for carriage, or permit the carriage of

8161

any spiny lobster of the species Panulirus argus, regardless of

8162

where taken, during the closed season, except of the species

8163

Panulirus argus lawfully imported from a foreign country for

8164

reshipment outside of the territorial limits of the state under

8165

United States Customs bond or in accordance with paragraph

8166

(7)(a).

8167

Section 152. Section 370.142, Florida Statutes, is

8168

renumbered as section 379.3671, Florida Statutes, and amended to

8169

read:

8170

379.3671 370.142 Spiny lobster trap certificate program.--

8171

(1) INTENT.--Due to rapid growth, the spiny lobster fishery

8172

is experiencing increased congestion and conflict on the water,

8173

excessive mortality of undersized lobsters, a declining yield per

8174

trap, and public concern over petroleum and debris pollution from

8175

existing traps. In an effort to solve these and related problems,

8176

the Legislature intends to develop pursuant to the provisions of

8177

this section a spiny lobster trap certificate program, the

8178

principal goal of which is to stabilize the fishery by reducing

8179

the total number of traps, which should increase the yield per

8180

trap and therefore maintain or increase overall catch levels. The

8181

Legislature seeks to preserve as much flexibility in the program

8182

as possible for the fishery's various constituents and ensure

8183

that any reduction in total trap numbers will be proportioned

8184

equally on a percentage basis among all users of traps in the

8185

fishery.

8186

(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

8187

PENALTIES.--The Fish and Wildlife Conservation Commission shall

8188

establish a trap certificate program for the spiny lobster

8189

fishery of this state and shall be responsible for its

8190

administration and enforcement as follows:

8191

(a) Transferable trap certificates.--Each holder of a

8192

saltwater products license who uses traps for taking or

8193

attempting to take spiny lobsters shall be required to have a

8194

certificate on record for each trap possessed or used therefor,

8195

except as otherwise provided in this section.

8196

1. Trap certificates are transferable on a market basis and

8197

may be transferred from one licenseholder to another for a fair

8198

market value agreed upon between the transferor and transferee.

8199

Each such transfer shall, within 72 hours thereof, be recorded on

8200

a notarized form provided for that purpose by the Fish and

8201

Wildlife Conservation Commission and hand delivered or sent by

8202

certified mail, return receipt requested, to the commission for

8203

recordkeeping purposes. In order to cover the added

8204

administrative costs of the program and to recover an equitable

8205

natural resource rent for the people of the state, a transfer fee

8206

of $2 per certificate transferred shall be assessed against the

8207

purchasing licenseholder and sent by money order or cashier's

8208

check with the certificate transfer form. Also, in addition to

8209

the transfer fee, a surcharge of $5 per certificate transferred

8210

or 25 percent of the actual market value, whichever is greater,

8211

given to the transferor shall be assessed the first time a

8212

certificate is transferred outside the original transferor's

8213

immediate family. No transfer of a certificate shall be effective

8214

until the commission receives the notarized transfer form and the

8215

transfer fee, including any surcharge, is paid. The commission

8216

may establish by rule an amount of equitable rent per trap

8217

certificate that shall be recovered as partial compensation to

8218

the state for the enhanced access to its natural resources. A

8219

rule establishing an amount of equitable rent shall become

8220

effective only after approval by the Legislature. In determining

8221

whether to establish such a rent and, if so, the amount thereof,

8222

the commission shall consider the amount of revenues annually

8223

generated by certificate fees, transfer fees, surcharges, trap

8224

license fees, and sales taxes, the demonstrated fair market value

8225

of transferred certificates, and the continued economic viability

8226

of the commercial lobster industry. All proceeds of equitable

8227

rent recovered shall be deposited in the Marine Resources

8228

Conservation Trust Fund and used by the commission for research,

8229

management, and protection of the spiny lobster fishery and

8230

habitat. A transfer fee may not be assessed or required when the

8231

transfer is within a family as a result of the death or

8232

disability of the certificate owner. A surcharge will not be

8233

assessed for any transfer within an individual's immediate

8234

family.

8235

2. No person, firm, corporation, or other business entity

8236

may control, directly or indirectly, more than 1.5 percent of the

8237

total available certificates in any license year.

8238

3. The commission shall maintain records of all

8239

certificates and their transfers and shall annually provide each

8240

licenseholder with a statement of certificates held.

8241

4. The number of trap tags issued annually to each

8242

licenseholder shall not exceed the number of certificates held by

8243

the licenseholder at the time of issuance, and such tags and a

8244

statement of certificates held shall be issued simultaneously.

8245

5. It is unlawful for any person to lease spiny lobster

8246

trap tags or certificates.

8247

(b) Trap tags.--Each trap used to take or attempt to take

8248

spiny lobsters in state waters or adjacent federal waters shall,

8249

in addition to the spiny lobster endorsement number required by

8250

s. 379.367(2) 370.14(2), have affixed thereto an annual trap tag

8251

issued by the commission. Each such tag shall be made of durable

8252

plastic or similar material and shall, based on the number of

8253

certificates held, have stamped thereon the owner's license

8254

number. To facilitate enforcement and recordkeeping, such tags

8255

shall be issued each year in a color different from that of each

8256

of the previous 3 years. The annual certificate fee shall be $1

8257

per certificate. Replacement tags for lost or damaged tags may be

8258

obtained as provided by rule of the commission. In the event of a

8259

major natural disaster, such as a hurricane or major storm, that

8260

causes massive trap losses within an area declared by the

8261

Governor to be a disaster emergency area, the commission may

8262

temporarily defer or waive replacement tag fees.

8263

8264

1. It is unlawful for a person to possess or use a spiny

8265

lobster trap in or on state waters or adjacent federal waters

8266

without having affixed thereto the trap tag required by this

8267

section. It is unlawful for a person to possess or use any other

8268

gear or device designed to attract and enclose or otherwise aid

8269

in the taking of spiny lobster by trapping that is not a trap as

8270

defined by commission rule.

8271

2. It is unlawful for a person to possess or use spiny

8272

lobster trap tags without having the necessary number of

8273

certificates on record as required by this section.

8274

3. It is unlawful for any person to willfully molest, take

8275

possession of, or remove the contents of another harvester's

8276

spiny lobster trap without the express written consent of the

8277

trap owner available for immediate inspection. Unauthorized

8278

possession of another's trap gear or removal of trap contents

8279

constitutes theft.

8280

a. A commercial harvester who violates this subparagraph

8281

shall be punished under ss. 379.367 and 379.407 370.021 and

8282

370.14. Any commercial harvester receiving a judicial disposition

8283

other than dismissal or acquittal on a charge of theft of or from

8284

a trap pursuant to this subparagraph or s. 379.402 370.1107

8285

shall, in addition to the penalties specified in ss. 379.367 and

8286

379.407 370.021 and 370.14 and the provisions of this section,

8287

permanently lose all his or her saltwater fishing privileges,

8288

including his or her saltwater products license, spiny lobster

8289

endorsement, and all trap certificates allotted to him or her

8290

through this program. In such cases, trap certificates and

8291

endorsements are nontransferable.

8292

b. Any commercial harvester receiving a judicial

8293

disposition other than dismissal or acquittal on a charge of

8294

willful molestation of a trap, in addition to the penalties

8295

specified in ss. 379.367 and 379.407 370.021 and 370.14, shall

8296

lose all saltwater fishing privileges for a period of 24 calendar

8297

months.

8298

c. In addition, any commercial harvester charged with

8299

violating this subparagraph and receiving a judicial disposition

8300

other than dismissal or acquittal for violating this subparagraph

8301

or s. 379.402 370.1107 shall also be assessed an administrative

8302

penalty of up to $5,000.

8303

8304

Immediately upon receiving a citation for a violation involving

8305

theft of or from a trap, or molestation of a trap, and until

8306

adjudicated for such a violation or, upon receipt of a judicial

8307

disposition other than dismissal or acquittal of such a

8308

violation, the commercial harvester committing the violation is

8309

prohibited from transferring any spiny lobster trap certificates

8310

and endorsements.

8311

4. In addition to any other penalties provided in s.

8312

379.407 370.021, a commercial harvester who violates the

8313

provisions of this section or commission rules relating to spiny

8314

lobster traps shall be punished as follows:

8315

a. If the first violation is for violation of subparagraph

8316

1. or subparagraph 2., the commission shall assess an additional

8317

administrative penalty of up to $1,000. For all other first

8318

violations, the commission shall assess an additional

8319

administrative penalty of up to $500.

8320

b. For a second violation of subparagraph 1. or

8321

subparagraph 2. which occurs within 24 months of any previous

8322

such violation, the commission shall assess an additional

8323

administrative penalty of up to $2,000 and the spiny lobster

8324

endorsement issued under s. 379.367(2) or (6) 370.14(2) or (6)

8325

may be suspended for the remainder of the current license year.

8326

c. For a third or subsequent violation of subparagraph 1.,

8327

subparagraph 2., or subparagraph 3. which occurs within 36 months

8328

of any previous two such violations, the commission shall assess

8329

an additional administrative penalty of up to $5,000 and may

8330

suspend the spiny lobster endorsement issued under s. 379.367(2)

8331

or (6) 370.14(2) or (6) for a period of up to 24 months or may

8332

revoke the spiny lobster endorsement and, if revoking the spiny

8333

lobster endorsement, may also proceed against the licenseholder's

8334

saltwater products license in accordance with the provisions of

8335

s. 379.407(2)(h) 370.021(2)(h).

8336

d. Any person assessed an additional administrative penalty

8337

pursuant to this section shall within 30 calendar days after

8338

notification:

8339

(I) Pay the administrative penalty to the commission; or

8340

(II) Request an administrative hearing pursuant to the

8341

provisions of ss. 120.569 and 120.57.

8342

e. The commission shall suspend the spiny lobster

8343

endorsement issued under s. 379.367(2) or (6) 370.14(2) or (6)

8344

for any person failing to comply with the provisions of sub-

8345

subparagraph d.

8346

5.a. It is unlawful for any person to make, alter, forge,

8347

counterfeit, or reproduce a spiny lobster trap tag or

8348

certificate.

8349

b. It is unlawful for any person to knowingly have in his

8350

or her possession a forged, counterfeit, or imitation spiny

8351

lobster trap tag or certificate.

8352

c. It is unlawful for any person to barter, trade, sell,

8353

supply, agree to supply, aid in supplying, or give away a spiny

8354

lobster trap tag or certificate or to conspire to barter, trade,

8355

sell, supply, aid in supplying, or give away a spiny lobster trap

8356

tag or certificate unless such action is duly authorized by the

8357

commission as provided in this chapter or in the rules of the

8358

commission.

8359

6.a. Any commercial harvester who violates the provisions

8360

of subparagraph 5., or any commercial harvester who engages in

8361

the commercial harvest, trapping, or possession of spiny lobster

8362

without a spiny lobster endorsement as required by s. 379.367(2)

8363

or (6) 370.14(2) or (6) or during any period while such spiny

8364

lobster endorsement is under suspension or revocation, commits a

8365

felony of the third degree, punishable as provided in s. 775.082,

8366

s. 775.083, or s. 775.084.

8367

b. In addition to any penalty imposed pursuant to sub-

8368

subparagraph a., the commission shall levy a fine of up to twice

8369

the amount of the appropriate surcharge to be paid on the fair

8370

market value of the transferred certificates, as provided in

8371

subparagraph (a)1., on any commercial harvester who violates the

8372

provisions of sub-subparagraph 5.c.

8373

c. In addition to any penalty imposed pursuant to sub-

8374

subparagraph a., any commercial harvester receiving any judicial

8375

disposition other than acquittal or dismissal for a violation of

8376

subparagraph 5. shall be assessed an administrative penalty of up

8377

to $5,000, and the spiny lobster endorsement under which the

8378

violation was committed may be suspended for up to 24 calendar

8379

months. Immediately upon issuance of a citation involving a

8380

violation of subparagraph 5. and until adjudication of such a

8381

violation, and after receipt of any judicial disposition other

8382

than acquittal or dismissal for such a violation, the commercial

8383

harvester holding the spiny lobster endorsement listed on the

8384

citation is prohibited from transferring any spiny lobster trap

8385

certificates.

8386

d. Any other person who violates the provisions of

8387

subparagraph 5. commits a Level Four violation under s. 379.401

8388

372.83.

8389

7. Any certificates for which the annual certificate fee is

8390

not paid for a period of 3 years shall be considered abandoned

8391

and shall revert to the commission. During any period of trap

8392

reduction, any certificates reverting to the commission shall

8393

become permanently unavailable and be considered in that amount

8394

to be reduced during the next license-year period. Otherwise, any

8395

certificates that revert to the commission are to be reallotted

8396

in such manner as provided by the commission.

8397

8. The proceeds of all administrative penalties collected

8398

pursuant to subparagraph 4. and all fines collected pursuant to

8399

sub-subparagraph 6.b. shall be deposited into the Marine

8400

Resources Conservation Trust Fund.

8401

9. All traps shall be removed from the water during any

8402

period of suspension or revocation.

8403

10. Except as otherwise provided, any person who violates

8404

this paragraph commits a Level Two violation under s. 379.401

8405

372.83.

8406

(d) No vested rights.--The trap certificate program shall

8407

not create vested rights in licenseholders whatsoever and may be

8408

altered or terminated as necessary to protect the spiny lobster

8409

resource, the participants in the fishery, or the public

8410

interest.

8411

(3) TRAP REDUCTION.--The objective of the overall trap

8412

certificate program is to reduce the number of traps used in the

8413

spiny lobster fishery to the lowest number that will maintain or

8414

increase overall catch levels, promote economic efficiency in the

8415

fishery, and conserve natural resources. Therefore, the Marine

8416

Fisheries Commission shall set an overall trap reduction goal

8417

based on maintaining or maximizing a sustained harvest from the

8418

spiny lobster fishery. To reach that goal, the Marine Fisheries

8419

Commission shall, by July 1, 1992, set an annual trap reduction

8420

schedule, not to exceed 10 percent per year, applicable to all

8421

certificateholders until the overall trap reduction goal is

8422

reached. All certificateholders shall have their certificate

8423

holdings reduced by the same percentage of certificates each year

8424

according to the trap reduction schedule. Until July 1, 1999, the

8425

Department of Environmental Protection shall issue the number of

8426

trap tags authorized by the Marine Fisheries Commission, as

8427

requested, and a revised statement of certificates held.

8428

Beginning July 1, 1999, the Fish and Wildlife Conservation

8429

Commission shall annually issue the number of trap tags

8430

authorized by the commission's schedule, as requested, and a

8431

revised statement of certificates held. Certificateholders may

8432

maintain or increase their total number of certificates held by

8433

purchasing available certificates from within the authorized

8434

total. The Fish and Wildlife Conservation Commission shall

8435

provide for an annual evaluation of the trap reduction process

8436

and shall suspend the annual percentage reductions for any period

8437

deemed necessary by the commission in order to assess the impact

8438

of the trap reduction schedule on the fishery. The Fish and

8439

Wildlife Conservation Commission may then, by rule, resume,

8440

terminate, or reverse the schedule as it deems necessary to

8441

protect the spiny lobster resource and the participants in the

8442

fishery.

8443

(4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS

8444

BOARD.--There is hereby established the Trap Certificate

8445

Technical Advisory and Appeals Board. Such board shall consider

8446

and advise the commission on disputes and other problems arising

8447

from the implementation of the spiny lobster trap certificate

8448

program. The board may also provide information to the commission

8449

on the operation of the trap certificate program.

8450

(a) The board shall consist of the executive director of

8451

the commission or designee and nine other members appointed by

8452

the executive director, according to the following criteria:

8453

1. All appointed members shall be certificateholders, but

8454

two shall be holders of fewer than 100 certificates, two shall be

8455

holders of at least 100 but no more than 750 certificates, three

8456

shall be holders of more than 750 but not more than 2,000

8457

certificates, and two shall be holders of more than 2,000

8458

certificates.

8459

2. At least one member each shall come from Broward, Dade,

8460

and Palm Beach Counties; and five members shall come from the

8461

various regions of the Florida Keys.

8462

3. At least one appointed member shall be a person of

8463

Hispanic origin capable of speaking English and Spanish.

8464

(b) The term of each appointed member shall be for 4 years,

8465

and any vacancy shall be filled for the balance of the unexpired

8466

term with a person of the qualifications necessary to maintain

8467

the requirements of paragraph (a). There shall be no limitation

8468

on successive appointments to the board.

8469

8470

shall serve as a member and shall call the organizational meeting

8471

of the board. The board shall annually elect a chair and a vice

8472

chair. There shall be no limitation on successive terms that may

8473

be served by a chair or vice chair. The board shall meet at the

8474

call of its chair, at the request of a majority of its

8475

membership, at the request of the commission, or at such times as

8476

may be prescribed by its rules. A majority of the board shall

8477

constitute a quorum, and official action of the board shall

8478

require a majority vote of the total membership of the board

8479

present at the meeting.

8480

(d) The procedural rules adopted by the board shall conform

8481

to the requirements of chapter 120.

8482

(e) Members of the board shall be reimbursed for per diem

8483

and travel expenses as provided in s. 112.061.

8484

(f) Upon reaching a decision on any dispute or problem

8485

brought before it, including any decision involving the allotment

8486

of certificates under paragraph (g), the board shall submit such

8487

decision to the executive director of the commission for final

8488

approval. The executive director of the commission may alter or

8489

disapprove any decision of the board, with notice thereof given

8490

in writing to the board and to each party in the dispute

8491

explaining the reasons for the disapproval. The action of the

8492

executive director of the commission constitutes final agency

8493

action.

8494

(g) In addition to those certificates allotted pursuant to

8495

the provisions of subparagraph (2)(a)1., up to 125,000

8496

certificates may be allotted by the board to settle disputes or

8497

other problems arising from implementation of the trap

8498

certificate program during the 1992-1993 and 1993-1994 license

8499

years. Any certificates not allotted by March 31, 1994, shall

8500

become permanently unavailable and shall be considered as part of

8501

the 1994-1995 reduction schedule. All appeals for additional

8502

certificates or other disputes must be filed with the board

8503

before October 1, 1993.

8504

(h) Any trap certificates issued by the Department of

8505

Environmental Protection and, effective July 1, 1999, the

8506

commission as a result of the appeals process must be added to

8507

the existing number of trap certificates for the purposes of

8508

determining the total number of certificates from which the

8509

subsequent season's trap reduction is calculated.

8510

(i) On and after July 1, 1994, the board shall no longer

8511

consider and advise the Fish and Wildlife Conservation Commission

8512

on disputes and other problems arising from implementation of the

8513

trap certificate program nor allot any certificates with respect

8514

thereto.

8515

(5) DISPOSITION OF FEES AND SURCHARGES.--Transfer fees and

8516

surcharges, annual trap certificate fees, and recreational tag

8517

fees collected pursuant to paragraphs (2)(a) and (b) shall be

8518

deposited in the Marine Resources Conservation Trust Fund and

8519

used for administration of the trap certificate program, research

8520

and monitoring of the spiny lobster fishery, and enforcement and

8521

public education activities in support of the purposes of this

8522

section and shall also be for the use of the Fish and Wildlife

8523

Conservation Commission in evaluating the impact of the trap

8524

reduction schedule on the spiny lobster fishery; however, at

8525

least 15 percent of the fees and surcharges collected shall be

8526

provided to the commission for such evaluation.

8527

(6) RULEMAKING AUTHORITY.--The Fish and Wildlife

8528

Conservation Commission may adopt rules to implement the

8529

provisions of this section.

8530

(7) For the 2006-2007 fiscal year only, the trap tag fees

8531

required by this section shall be waived by the commission. This

8532

subsection expires July 1, 2007.

8533

Section 153. Subsections (2),(3), and (4) of section

8534

370.143, Florida Statutes, are renumbered as section 379.368,

8535

Florida Statutes, and amended to read:

8536

379.368 370.143 Fees for the retrieval of spiny lobster,

8537

stone crab, blue crab, and black sea bass traps during closed

8538

season; commission authority; fees.--

8539

(1)(2) Pursuant to s. 379.2424, the commission shall assess

8540

trap owners, and collect, a retrieval fee of $10 per trap

8541

retrieved shall be assessed trap owners. However, for each person

8542

holding a spiny lobster endorsement, a stone crab endorsement, or

8543

a blue crab endorsement issued under rule of the commission, the

8544

retrieval fee shall be waived for the first five traps retrieved.

8545

Traps recovered under this program shall become the property of

8546

the commission or its contract agent, as determined by the

8547

commission, and shall be either destroyed or resold to the

8548

original owner. Revenue from retrieval fees shall be deposited in

8549

the Marine Resources Conservation Trust Fund and used solely for

8550

operation of the trap retrieval program.

8551

(2)(3) Payment of all assessed retrieval fees shall be

8552

required prior to renewal of the trap owner's saltwater products

8553

license. Retrieval fees assessed under this program shall stand

8554

in lieu of other penalties imposed for such trap violations.

8555

(3)(4) In the event of a major natural disaster, such as a

8556

hurricane or major storm, that causes massive trap losses within

8557

an area declared by the Governor to be a disaster emergency area,

8558

the commission shall waive trap retrieval fees.

8559

Section 154. Section 370.1535, Florida Statutes, is

8560

renumbered as section 379.369, Florida Statutes, and amended to

8561

read:

8562

379.369 370.1535 Fees for Regulation of shrimp fishing in

8563

Tampa Bay; licensing requirements.--

8564

(1) No person shall operate as a dead shrimp producer in

8565

any waters of Tampa Bay unless such person has procured from the

8566

Fish and Wildlife Conservation Commission a dead shrimp

8567

production permit.

8568

(2) The Fish and Wildlife Conservation Commission is

8569

authorized to issue a dead shrimp production permit to persons

8570

qualified pursuant to the following criteria:

8571

(a) The person has submitted an application designed by the

8572

commission for such permit.

8573

(b) One permit is required for each vessel used for dead

8574

shrimp production in the waters of Tampa Bay. A permit shall only

8575

be issued to an individual who is the principal owner of the

8576

vessel or of the business entity owning the vessel and utilizing

8577

the permit. No more than three permits shall be issued to any

8578

individual.

8579

8580

waters of Tampa Bay shall be accompanied by a fee of $250 for

8581

each resident of the state and $1,000 for each nonresident of the

8582

state. The proceeds of the fees collected pursuant to this

8583

paragraph shall be deposited into the Marine Resources

8584

Conservation Trust Fund to be used by the commission for the

8585

purpose of enforcement of marine resource laws.

8586

(d) No person shall be issued a permit or be allowed to

8587

renew a permit if such person is registered for noncommercial

8588

trawling pursuant to s. 370.15(4).

8589

(e) Each applicant shall make application prior to June 30,

8590

1992, and shall hold any other license or registration required

8591

to operate a commercial fishing vessel in Tampa Bay on the date

8592

of application.

8593

(3) Each permit issued in the base year of 1992 shall be

8594

renewable by June 30 in each subsequent year upon application

8595

meeting the requirements for issuance for an initial permit

8596

pursuant to subsection (2). The number of permits outstanding in

8597

any one year shall not exceed the number issued for 1992. No

8598

permit shall be transferable by any method, including devise or

8599

inheritance, and a permit shall be renewable only by the initial

8600

holder thereof. All permits not renewed for any reason shall

8601

expire and shall not be renewable under any circumstances.

8602

(4) No person harvesting dead shrimp from Tampa Bay shall

8603

sell such shrimp to any person unless such seller is in

8604

possession of a dead shrimp production permit issued pursuant to

8605

this section. Except for purchases from other wholesale dealers,

8606

no wholesale dealer, as defined in s. 370.07(1)(a)3., shall

8607

purchase dead shrimp harvested in Tampa Bay, unless the seller

8608

produces his or her dead shrimp production permit prior to the

8609

sale of the shrimp.

8610

(5) The operator of any vessel used in Tampa Bay for dead

8611

shrimp production shall possess while in or on the waters of the

8612

bay and produce upon the request of any duly authorized law

8613

enforcement officer a current dead shrimp production permit

8614

issued for the vessel pursuant to this section.

8615

(6) Each person harvesting shrimp in Tampa Bay pursuant to

8616

the permit required by this section shall comply with all rules

8617

of the Fish and Wildlife Conservation Commission regulating such

8618

harvest.

8619

(7) For purpose of this section, "Tampa Bay" means all the

8620

waters of the bay east and north of the Sunshine Skyway Bridge

8621

(U.S. 19 and Interstate 275).

8622

Section 155. Section 379.3711, Florida Statutes, is created

8623

to read:

8624

379.3711 License fee for private game preserves and

8625

farms.--The licensee fee for establishing, maintaining, and

8626

operating a private preserve and farm pursuant to s. 379.302 is

8627

$50 per year. The fee is payable to the commission and shall be

8628

deposited in the State Game Trust Fund.

8629

Section 156. Section 372.661, Florida Statutes, is

8630

renumbered as section 379.3712, Florida Statutes, and amended to

8631

read:

8632

379.3712 372.661 Private hunting preserve license fees;

8633

exception.--

8634

(1) Any person who operates a private hunting preserve

8635

commercially or otherwise shall be required to pay a license fee

8636

of $70 for each such preserve; provided, however, that during the

8637

open season established for wild game of any species a private

8638

individual may take artificially propagated game of such species

8639

up to the bag limit prescribed for the particular species without

8640

being required to pay the license fee required by this section;

8641

provided further that if any such individual shall charge a fee

8642

for taking such game she or he shall be required to pay the

8643

license fee required by this section and to comply with the rules

8644

of the commission relative to the operation of private hunting

8645

preserves.

8646

(2) A commercial hunting preserve license, which shall

8647

exempt patrons of licensed preserves from the license and permit

8648

requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j)

8649

372.57(4)(c), (d), (f), (h), (i), and (j); (5)(g) and (h);

8650

(8)(a), (b), and (e); (9)(a)2.; (11); and (12) while hunting on

8651

the licensed preserve property, shall be $500. Such commercial

8652

hunting preserve license shall be available only to those private

8653

hunting preserves licensed pursuant to this section which are

8654

operated exclusively for commercial purposes, which are open to

8655

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

8656

hunting privileges.

8657

Section 157. Section 372.86, Florida Statutes, is

8658

renumbered as section 379.372, Florida Statutes, to read:

8659

379.372 372.86 Capturing, keeping, possessing,

8660

transporting, or exhibiting venomous reptiles or reptiles of

8661

concern; license required.--

8662

(1) No person, firm, or corporation shall capture, keep,

8663

possess, or exhibit any poisonous or venomous reptile or reptile

8664

of concern without first having obtained a special permit or

8665

license therefor from the Fish and Wildlife Conservation

8666

Commission as provided in this section.

8667

(2) By December 31, 2007, the commission shall establish a

8668

list of reptiles of concern, including venomous, nonvenomous,

8669

native, nonnative, or other reptiles, which require additional

8670

regulation for capture, possession, transportation, or exhibition

8671

due to their nature, habits, status, or potential to negatively

8672

impact the environment, ecology, or humans.

8673

(3) It shall be unlawful for any person, firm, or

8674

corporation, whether licensed hereunder or not, to capture, keep,

8675

possess, or exhibit any venomous reptile or reptile of concern in

8676

any manner not approved as safe, secure, and proper by the

8677

commission. Venomous reptiles or reptiles of concern held in

8678

captivity are subject to inspection by the commission. The

8679

commission shall determine whether the reptiles are securely,

8680

safely, and properly penned. In the event that the reptiles are

8681

not safely penned, the commission shall report the situation in

8682

writing to the person, firm, or corporation owning the reptiles.

8683

Failure of the person, firm, or corporation to correct the

8684

situation within 30 days after such written notice shall be

8685

grounds for revocation of the license or permit of the person,

8686

firm, or corporation.

8687

(4) Venomous reptiles or reptiles of concern shall be

8688

transported in a safe, secure, and proper manner. The commission

8689

shall establish by rule the requirements for the transportation

8690

of venomous reptiles or reptiles of concern.

8691

Section 158. Section 372.87, Florida Statutes, is

8692

renumbered as 379.373, Florida Statutes, to read:

8693

379.373 372.87 License fee; renewal, revocation.--

8694

(1)(a) The Fish and Wildlife Conservation Commission is

8695

authorized and empowered to issue a license or permit for the

8696

capturing, keeping, possessing, or exhibiting of venomous

8697

reptiles, upon payment of an annual fee of $100 and upon

8698

assurance that all of the provisions of ss. 379.372-379.305 and

8699

ss. 379.372-379.374 372.86-372.92 and such other reasonable rules

8700

and regulations as the commission may prescribe will be fully

8701

complied with in all respects.

8702

(b) The Fish and Wildlife Conservation Commission is

8703

authorized and empowered to issue a license or permit for the

8704

capturing, keeping, possessing, or exhibiting of reptiles of

8705

concern upon payment of an annual fee not to exceed $100 and upon

8706

assurance that all of the provisions of ss. 379.305, 379.372,

8707

379.373, and 379.374 372.86-372.92 and such other reasonable

8708

rules and regulations as the commission may prescribe will be

8709

fully complied with in all respects. The annual fee for issuance

8710

or renewal of a license or permit under this paragraph for

8711

reptiles of concern is initially set at $100. However, the

8712

commission may reduce that annual fee by rule if the commission

8713

determines that there is general compliance with ss. 379.305,

8714

379.372, 379.373, and 379.374 372.86-372.92 and that such

8715

compliance allows for a reduction in fees to cover the costs of

8716

administering and enforcing the reptiles of concern program. The

8717

commission may issue a license or permit to an applicant who

8718

holds a current and valid license or permit for venomous reptiles

8719

under paragraph (a) and meets all requirements for the capturing,

8720

keeping, possessing, or exhibiting of reptiles of concern, but

8721

shall not require payment of an additional annual fee.

8722

(2) Such permits or licenses may be revoked by the

8723

commission upon violation of any of the provisions of ss.

8724

379.305, 379.372, 379.373, and 379.374 372.86-372.92 or upon

8725

violation of any of the rules and regulations prescribed by the

8726

commission relating to the capturing, keeping, possessing, and

8727

exhibiting of any venomous reptiles or reptiles of concern. Such

8728

permits or licenses shall be for an annual period to be

8729

prescribed by the commission and shall be renewable upon the

8730

payment of said fee and shall be subject to the same conditions,

8731

limitations, and restrictions as set forth in this section. All

8732

moneys received pursuant to this section shall be deposited into

8733

the State Game Trust Fund to be used to implement, administer,

8734

enforce, and educate the public regarding ss. 379.305, 379.372,

8735

379.373, and 379.374 372.86-372.92.

8736

Section 159. Section 372.88, Florida Statutes, is

8737

renumbered as section 379.374, Florida Statutes, to read:

8738

379.374 372.88 Bond required, amount.--

8739

(1) No person, party, firm, or corporation shall exhibit to

8740

the public either with or without charge or admission fee any

8741

venomous reptile without having first posted a good and

8742

sufficient bond in writing in the penal sum of $10,000 payable to

8743

the commission, conditioned that such exhibitor will indemnify

8744

and save harmless all persons from injury or damage from such

8745

venomous reptiles so exhibited and shall fully comply with all

8746

laws of the state and all rules and regulations of the commission

8747

governing the capturing, keeping, possessing, or exhibiting of

8748

venomous reptiles; provided, however, that the aggregate

8749

liability of the surety for all such injuries or damages shall,

8750

in no event, exceed the penal sum of the bond. The surety for the

8751

bond must be a surety company authorized to do business under the

8752

laws of the state or in lieu of such a surety, cash in the sum of

8753

$10,000 may be posted with the commission to ensure compliance

8754

with the conditions of the bond.

8755

(2) No person, party, firm, or corporation shall exhibit to

8756

the public either with or without charge or admission fee, any

8757

Class I wildlife, as defined in s. 379.303 372.922 and commission

8758

rule chapter 68A-6, Florida Administrative Code, without having

8759

first guaranteed financial responsibility, in the sum of $10,000,

8760

for any liability which may be incurred in the exhibition to the

8761

public of Class I wildlife. The commission shall adopt, by rule,

8762

the methods of payment that satisfy the financial responsibility,

8763

which may include cash, the establishment of a trust fund, an

8764

irrevocable letter of credit, casualty insurance, a corporate

8765

guarantee, or any combination thereof, in the sum of $10,000

8766

which shall be posted with the commission. In lieu of the $10,000

8767

financial responsibility guarantee required in this subsection,

8768

the exhibiter has the option to maintain comprehensive general

8769

liability insurance, with minimum limits of $2 million per

8770

occurrence and $2 million annual aggregate, as shall protect the

8771

exhibiter from claims for damage for personal injury, including

8772

accidental death, as well as claims for property damage which may

8773

arise. Proof of such insurance shall be submitted to the

8774

commission.

8775

Section 160. Section 372.6673, Florida Statutes, is

8776

renumbered as section 379.3751, Florida Statutes, to read:

8777

379.3751 372.6673 Taking and possession of alligators;

8778

trapping licenses; fees.--

8779

(1)(a) No person shall take or possess any alligator or the

8780

eggs thereof without having first obtained from the commission a

8781

trapping license and paid the fee provided in this section. Such

8782

license shall be dated when issued and remain valid for 12 months

8783

after the date of issuance and shall authorize the person to whom

8784

it is issued to take or possess alligators and their eggs, and to

8785

sell, possess, and process alligators and their hides and meat,

8786

in accordance with law and commission rules. Such license shall

8787

not be transferable and shall not be valid unless it bears on its

8788

face in indelible ink the name of the person to whom it is

8789

issued. Such license shall be in the personal possession of the

8790

licensee while such person is taking alligators or their eggs or

8791

is selling, possessing, or processing alligators or their eggs,

8792

hides, or meat. The failure of the licensee to exhibit such

8793

license to the commission or its wildlife officers, when such

8794

person is found taking alligators or their eggs or is found

8795

selling, possessing, or processing alligators or their eggs,

8796

hides, or meat, shall be a violation of law.

8797

(b) In order to assure the optimal utilization of the

8798

estimated available alligator resource and to ensure adequate

8799

control of the alligator management and harvest program, the

8800

commission may by rule limit the number of participants engaged

8801

in the taking of alligators or their eggs from the wild.

8802

8803

s. 379.3015 or s.379.409 372.663 or s. 372.664 or the rules of

8804

the commission relating to the illegal taking of crocodilian

8805

species shall be eligible for issuance of a license for a period

8806

of 5 years subsequent to such conviction. In the event such

8807

violation involves the unauthorized taking of an endangered

8808

crocodilian species, no license shall be issued for 10 years

8809

subsequent to the conviction.

8810

(2) The license and issuance fee, and the activity

8811

authorized thereby, shall be as follows:

8812

(a) The annual fee for issuance of a resident alligator

8813

trapping license, which permits a resident of the state to take

8814

alligators occurring in the wild other than alligator hatchlings,

8815

to possess and process alligators taken under authority of such

8816

alligator trapping license or otherwise legally acquired, and to

8817

possess, process, and sell their hides and meat, shall be $250.

8818

(b) The annual fee for issuance of a nonresident alligator

8819

trapping license, which permits a person other than a resident of

8820

the state to take alligators occurring in the wild other than

8821

alligator hatchlings, to possess and process alligators taken

8822

under authority of such alligator trapping license, and to

8823

possess, process, and sell their hides and meat, shall be $1,000.

8824

8825

agent's license, which permits a person to act as an agent of any

8826

person who has been issued a resident or nonresident alligator

8827

trapping license as provided in paragraph (a) or paragraph (b)

8828

and to take alligators occurring in the wild other than alligator

8829

hatchlings, and to possess and process alligators taken under

8830

authority of such agency relationship, shall be $50. Such

8831

alligator trapping agent's license shall be issued only in

8832

conjunction with an alligator trapping license and shall bear on

8833

its face in indelible ink the name and license number of the

8834

alligator trapping licenseholder for whom the holder of this

8835

license is acting as an agent.

8836

(d) The annual fee for issuance of an alligator farming

8837

license, which permits a person to operate a facility for captive

8838

propagation of alligators, to possess alligators for captive

8839

propagation, to take alligator hatchlings and alligator eggs

8840

occurring in the wild, to rear such alligators, alligator

8841

hatchlings, and alligator eggs in captivity, to process

8842

alligators taken or possessed under authority of such alligator

8843

farming license or otherwise legally acquired, and to sell their

8844

hides and meat, shall be $250.

8845

(e) The annual fee for issuance of an alligator farming

8846

agent's license, which permits a person to act as an agent of any

8847

person who has been issued an alligator farming license as

8848

provided in paragraph (d) and to take alligator hatchlings and

8849

alligator eggs occurring in the wild, and to possess and process

8850

alligators taken under authority of such agency relationship,

8851

shall be $50. Such license shall be issued only in conjunction

8852

with an alligator farming license, and shall bear on its face in

8853

indelible ink the name and license number of the alligator

8854

farming licenseholder for whom the holder of this license is

8855

acting as an agent.

8856

(f) The annual fee for issuance of an alligator processor's

8857

license, which permits a person to buy and process alligators

8858

lawfully taken by alligator trapping licenseholders and taken or

8859

possessed by alligator farming licenseholders and to sell

8860

alligator meat, hides, and other parts, shall be $250.

8861

(3) For the purpose of this section, "process" shall mean

8862

the possession and skinning or butchering of an alligator by

8863

someone other than the holder of the alligator trapping license,

8864

alligator trapping agent's license, alligator farming license, or

8865

alligator farming agent's license who has authorized the taking

8866

and possession of such alligator.

8867

(4) No person shall take any alligator egg occurring in the

8868

wild or possess any such egg unless such person has obtained, or

8869

is a licensed agent of another person who has obtained, an

8870

alligator egg collection permit. The alligator egg collection

8871

permit shall be required in addition to the alligator farming

8872

license provided in paragraph (2)(d). The commission is

8873

authorized to assess a fee for issuance of the alligator egg

8874

collection permit of up to $5 per egg authorized to be taken or

8875

possessed pursuant to such permit. Irrespective of whether a fee

8876

is assessed, $1 per egg collected and retained, excluding eggs

8877

collected on private wetland management areas, shall be

8878

transferred from the alligator management program to the General

8879

Inspection Trust Fund, to be administered by the Department of

8880

Agriculture and Consumer Services for the purpose of providing

8881

marketing and education services with respect to alligator

8882

products produced in this state, notwithstanding other provisions

8883

in this chapter.

8884

(5) The commission shall adopt criteria by rule to

8885

establish appropriate qualifications for alligator collectors who

8886

may receive permits pursuant to this section.

8887

Section 161. Section 372.6674, Florida Statutes, is

8888

renumbered as section 379.3752, Florida Statutes, and amended to

8889

read:

8890

379.3752 372.6674 Required tagging of alligators and hides;

8891

fees; revenues.--The tags provided in this section shall be

8892

required in addition to any license required under s. 379.3751

8893

372.6673.

8894

(1) No person shall take any alligator occurring in the

8895

wild or possess any such alligator unless such alligator is

8896

subsequently tagged in the manner required by commission rule.

8897

For the tag required for an alligator hatchling, the commission

8898

is authorized to assess a fee of not more than $15 for each

8899

alligator hatchling tag issued. The commission shall expend one-

8900

third of the revenue generated from the issuance of the alligator

8901

hatchling tag for alligator husbandry research.

8902

(2) The commission may require that an alligator hide

8903

validation tag (CITES tag) be affixed to the hide of any

8904

alligator taken from the wild and that such hide be possessed,

8905

purchased, sold, offered for sale, or transported in accordance

8906

with commission rule. The commission is authorized to assess a

8907

fee of up to $30 for each alligator hide validation tag issued.

8908

Irrespective of whether a fee is assessed, $5 per validated hide,

8909

excluding those validated from public hunt programs and alligator

8910

farms, shall be transferred from the alligator management program

8911

to the General Inspection Trust Fund, to be administered by the

8912

Department of Agriculture and Consumer Services for the purpose

8913

of providing marketing and education services with respect to

8914

alligator products produced in this state, notwithstanding other

8915

provisions in this chapter.

8916

(3) The number of tags available for alligators taken

8917

pursuant to a collection permit shall be limited to the number of

8918

tags determined by the commission to equal the safe yield of

8919

alligators as determined pursuant to s. 379.3013 372.6678.

8920

Section 162. Subsections (1), (2), (3), (7) and (8) of

8921

section 372.921, Florida Statutes, are renumbered as section

8922

379.3761, Florida Statutes, and amended to read:

8923

379.3761 Exhibition or sale of wildlife; fees;

8924

classifications.--

8925

(1) In order to provide humane treatment and sanitary

8926

surroundings for wild animals kept in captivity, no person, firm,

8927

corporation, or association shall have, or be in possession of,

8928

in captivity for the purpose of public display with or without

8929

charge or for public sale any wildlife, specifically birds,

8930

mammals, amphibians, and reptiles, whether indigenous to Florida

8931

or not, without having first secured a permit from the commission

8932

authorizing such person, firm, or corporation to have in its

8933

possession in captivity the species and number of wildlife

8934

specified within such permit; however, this section does not

8935

apply to any wildlife not protected by law and the rules of the

8936

commission.

8937

(2) The fees to be paid for the issuance of permits

8938

required by subsection (1) shall be as follows:

8939

(a) For not more than 25 Class I or Class II individual

8940

specimens in the aggregate of all species, the sum of $150 per

8941

annum.

8942

(b) For over 25 Class I or Class II individual specimens in

8943

the aggregate of all species, the sum of $250 per annum.

8944

8945

aggregate of all species, the sum of $50 per annum.

8946

8947

The fees prescribed by this subsection shall be submitted to the

8948

commission with the application for permit required by subsection

8949

(1) and shall be deposited in the State Game Trust Fund.

8950

(3) An applicant for a permit shall be required to include

8951

in her or his application a statement showing the place, number,

8952

and species of wildlife to be held in captivity by the applicant

8953

and shall be required upon request by the Fish and Wildlife

8954

Conservation Commission to show when, where, and in what manner

8955

she or he came into possession of any wildlife acquired

8956

subsequent to the effective date of this act. The source of

8957

acquisition of such wildlife shall not be divulged by the

8958

commission except in connection with a violation of this section

8959

or a regulation of the commission in which information as to

8960

source of wildlife is required as evidence in the prosecution of

8961

such violation.

8962

(4) (7) The provisions of this section relative to

8963

licensing do not apply to any municipal, county, state, or other

8964

publicly owned wildlife exhibit. The provisions of this section

8965

do not apply to any traveling zoo, circus, or exhibit licensed as

8966

provided by chapter 205.

8967

(5) (8) This section shall not apply to the possession,

8968

control, care, and maintenance of ostriches, emus, rheas, and

8969

bison domesticated and confined for commercial farming purposes,

8970

except those kept and maintained on hunting preserves or game

8971

farms or primarily for exhibition purposes in zoos, carnivals,

8972

circuses, and other such establishments where such species are

8973

kept primarily for display to the public.

8974

Section 163. Subsections (1),(2),(5),(6), and (7) of

8975

section 372.922, Florida Statutes, are renumbered as section

8976

379.3762, Florida Statutes, and amended to read:

8977

379.3762 372.922 Personal possession of wildlife.--

8978

(1) It is unlawful for any person or persons to possess any

8979

wildlife as defined in this act, whether indigenous to Florida or

8980

not, until she or he has obtained a permit as provided by this

8981

section from the Fish and Wildlife Conservation Commission.

8982

(2) The classifications of types of wildlife and fees to be

8983

paid for permits for the personal possession of wildlife shall be

8984

as follows:

8985

(a) Class I--Wildlife which, because of its nature, habits,

8986

or status, shall not be possessed as a personal pet.

8987

(b) Class II--Wildlife considered to present a real or

8988

potential threat to human safety, the sum of $140 per annum.

8989

8990

or Class II, for which a no-cost permit must be obtained from the

8991

commission.

8992

(3)(5) Any person, firm, corporation, or association

8993

exhibiting or selling wildlife and being duly permitted as

8994

provided by s. 379.304 372.921 shall be exempt from the fee

8995

requirement to receive a permit under this section.

8996

(4)(6) This section shall not apply to the possession,

8997

control, care, and maintenance of ostriches, emus, rheas, and

8998

bison domesticated and confined for commercial farming purposes,

8999

except those kept and maintained on hunting preserves or game

9000

farms or primarily for exhibition purposes in zoos, carnivals,

9001

circuses, and other such establishments where such species are

9002

kept primarily for display to the public.

9003

(5)(7) Persons in violation of this section shall be

9004

punishable as provided in s. 379.401 372.83.

9005

Section 164. Section 372.653, Florida Statutes, is

9006

renumbered as section 379.377, Florida Statutes, and amended to

9007

read:

9008

379.377 372.653 Tag fees for sale of Lake Okeechobee game

9009

fish Required tagging of fish; lakes in excess of 500 square

9010

miles; tag fee; game fish taken in lakes of 500 square miles or

9011

less.--The commission is authorized to assess a fee of not more

9012

than 5 cents per tag, payable at the time of delivery of the tag,

9013

for the purpose of allowing the sale of game fish taken

9014

commercially from Lake Okeechobee, as may be allowed by the

9015

commission.

9016

(1)(a) No game fish taken from, or caught in, a lake in

9017

this state the area of which is in excess of 500 square miles

9018

shall be sold for consumption in this state unless it is tagged

9019

in the manner required by the Fish and Wildlife Conservation

9020

Commission. Bass or pickerel taken by any method other than hook

9021

and line shall be returned immediately to the water. Trawls and

9022

haul seines shall not be operated within 1 mile of rooted aquatic

9023

vegetation.

9024

(b) In order that such program of tagging be self-

9025

sufficient, the Fish and Wildlife Conservation Commission is

9026

authorized to assess a fee of not more than 5 cents per tag,

9027

payable at the time of delivery of the tag.

9028

(2) No freshwater game fish shall be taken from a lake in

9029

this state the area of which is 500 square miles or less other

9030

than with pole and line; rod and reel; or plug, bob, spinner,

9031

spoon, or other artificial bait or lure.

9032

(3) No freshwater game fish taken from a lake in this state

9033

the area of which is 500 square miles or less shall be offered

9034

for sale or sold.

9035

Section 165. Part VIII of chapter 379, Florida Statutes,

9036

consisting of sections 379.401, 379.4015, 379.402, 379.403,

9037

379.404, 379.405, 379.406, 379.407, 379.408, 379.409, 379.411,

9038

379.4115, 379.412, 379.413, and 379.414, is created to read:

9039

PART VIII

9040

PENALTIES

9041

9042

Section 166. Section 372.83, Florida Statutes, is

9043

renumbered as section 379.401, Florida Statutes, and amended to

9044

read:

9045

379.401 372.83 Penalties and violations; civil penalties

9046

for noncriminal infractions; criminal penalties; suspension and

9047

forfeiture of licenses and permits.--

9048

(1)(a) LEVEL ONE VIOLATIONS.--A person commits a Level One

9049

violation if he or she violates any of the following provisions:

9050

1. Rules or orders of the commission relating to the filing

9051

of reports or other documents required to be filed by persons who

9052

hold recreational licenses and permits issued by the commission.

9053

2. Rules or orders of the commission relating to quota hunt

9054

permits, daily use permits, hunting zone assignments, camping,

9055

alcoholic beverages, vehicles, and check stations within wildlife

9056

management areas or other areas managed by the commission.

9057

3. Rules or orders of the commission relating to daily use

9058

permits, alcoholic beverages, swimming, possession of firearms,

9059

operation of vehicles, and watercraft speed within fish

9060

management areas managed by the commission.

9061

4. Rules or orders of the commission relating to vessel

9062

size or specifying motor restrictions on specified water bodies.

9063

5. Section 379.355 370.063, providing for special

9064

recreational spiny lobster licenses.

9065

6. Section 379.354(1)-(15) 372.57(1)-(15), providing for

9066

recreational licenses to hunt, fish, and trap.

9067

7. Section 379.3581 372.5717, providing hunter safety

9068

course requirements.

9069

8. Section 379.3003 372.988, prohibiting deer hunting

9070

unless required clothing is worn.

9071

(b) A person who commits a Level One violation commits a

9072

noncriminal infraction and shall be cited to appear before the

9073

county court.

9074

9075

violation involving the license and permit requirements of s.

9076

379.354 372.57 is $50 plus the cost of the license or permit,

9077

unless subparagraph 2. applies.

9078

2. The civil penalty for committing a Level One violation

9079

involving the license and permit requirements of s. 379.354

9080

372.57 is $100 plus the cost of the license or permit if the

9081

person cited has previously committed the same Level One

9082

violation within the preceding 36 months.

9083

(d)1. The civil penalty for any other Level One violation

9084

is $50 unless subparagraph 2. applies.

9085

2. The civil penalty for any other Level One violation is

9086

$100 if the person cited has previously committed the same Level

9087

One violation within the preceding 36 months.

9088

(e) A person cited for a Level One violation shall sign and

9089

accept a citation to appear before the county court. The issuing

9090

officer may indicate on the citation the time and location of the

9091

scheduled hearing and shall indicate the applicable civil

9092

penalty.

9093

(f) A person cited for a Level One violation may pay the

9094

civil penalty by mail or in person within 30 days after receipt

9095

of the citation. If the civil penalty is paid, the person shall

9096

be deemed to have admitted committing the Level One violation and

9097

to have waived his or her right to a hearing before the county

9098

court. Such admission may not be used as evidence in any other

9099

proceedings except to determine the appropriate fine for any

9100

subsequent violations.

9101

(g) A person who refuses to accept a citation, who fails to

9102

pay the civil penalty for a Level One violation, or who fails to

9103

appear before a county court as required commits a misdemeanor of

9104

the second degree, punishable as provided in s. 775.082 or s.

9105

775.083.

9106

(h) A person who elects to appear before the county court

9107

or who is required to appear before the county court shall be

9108

deemed to have waived the limitations on civil penalties provided

9109

under paragraphs (c) and (d). After a hearing, the county court

9110

shall determine if a Level One violation has been committed, and

9111

if so, may impose a civil penalty of not less than $50 for a

9112

first-time violation, and not more than $500 for subsequent

9113

violations. A person found guilty of committing a Level One

9114

violation may appeal that finding to the circuit court. The

9115

commission of a violation must be proved beyond a reasonable

9116

doubt.

9117

(i) A person cited for violating the requirements of s.

9118

379.354 372.57 relating to personal possession of a license or

9119

permit may not be convicted if, prior to or at the time of a

9120

county court hearing, the person produces the required license or

9121

permit for verification by the hearing officer or the court

9122

clerk. The license or permit must have been valid at the time the

9123

person was cited. The clerk or hearing officer may assess a $5

9124

fee for costs under this paragraph.

9125

(2)(a) LEVEL TWO VIOLATIONS.--A person commits a Level Two

9126

violation if he or she violates any of the following provisions:

9127

1. Rules or orders of the commission relating to seasons or

9128

time periods for the taking of wildlife, freshwater fish, or

9129

saltwater fish.

9130

2. Rules or orders of the commission establishing bag,

9131

possession, or size limits or restricting methods of taking

9132

wildlife, freshwater fish, or saltwater fish.

9133

3. Rules or orders of the commission prohibiting access or

9134

otherwise relating to access to wildlife management areas or

9135

other areas managed by the commission.

9136

4. Rules or orders of the commission relating to the

9137

feeding of wildlife, freshwater fish, or saltwater fish.

9138

5. Rules or orders of the commission relating to landing

9139

requirements for freshwater fish or saltwater fish.

9140

6. Rules or orders of the commission relating to restricted

9141

hunting areas, critical wildlife areas, or bird sanctuaries.

9142

7. Rules or orders of the commission relating to tagging

9143

requirements for game and fur-bearing animals.

9144

8. Rules or orders of the commission relating to the use of

9145

dogs for the taking of game.

9146

9. Rules or orders of the commission which are not

9147

otherwise classified.

9148

10. Rules or orders of the commission prohibiting the

9149

unlawful use of finfish traps.

9150

11. 10. All prohibitions in chapter 370 which are not

9151

otherwise classified.

9152

12. 11. Section 379.33 370.028, prohibiting the violation

9153

of or noncompliance with commission rules.

9154

13. 12. Section 379.407(6) 370.021(6) prohibiting the sale,

9155

purchase, harvest, or attempted harvest of any saltwater product

9156

with intent to sell.

9157

14. 13. Section 379.2421 370.08, prohibiting the

9158

obstruction of waterways with net gear.

9159

14. Section 370.1105, prohibiting the unlawful use of

9160

finfish traps.

9161

15. Section 379.413 370.1121, prohibiting the unlawful

9162

taking of bonefish.

9163

16. Section 379.365(2)(a) and (b) 370.13(2)(a) and (b),

9164

prohibiting the possession or use of stone crab traps without

9165

trap tags and theft of trap contents or gear.

9166

17. Section 379.366 (4)(b) 370.135(4)(b), prohibiting the

9167

theft of blue crab trap contents or trap gear.

9168

18. Section 379.3671(2)(c) 370.142 (2)(c), prohibiting the

9169

possession or use of spiny lobster traps without trap tags or

9170

certificates and theft of trap contents or trap gear.

9171

19. Section 379.357 372.5704, prohibiting the possession of

9172

tarpon without purchasing a tarpon tag.

9173

20. Section 379.409 372.667, prohibiting the feeding or

9174

enticement of alligators or crocodiles.

9175

21. Section 379.105 372.705, prohibiting the intentional

9176

harassment of hunters, fishers, or trappers.

9177

(b)1. A person who commits a Level Two violation but who

9178

has not been convicted of a Level Two or higher violation within

9179

the past 3 years commits a misdemeanor of the second degree,

9180

punishable as provided in s. 775.082 or s. 775.083.

9181

2. Unless the stricter penalties in subparagraph 3. or

9182

subparagraph 4. apply, a person who commits a Level Two violation

9183

within 3 years after a previous conviction for a Level Two or

9184

higher violation commits a misdemeanor of the first degree,

9185

punishable as provided in s. 775.082 or s. 775.083, with a

9186

minimum mandatory fine of $250.

9187

3. Unless the stricter penalties in subparagraph 4. apply,

9188

a person who commits a Level Two violation within 5 years after

9189

two previous convictions for a Level Two or higher violation,

9190

commits a misdemeanor of the first degree, punishable as provided

9191

in s. 775.082 or s. 775.083, with a minimum mandatory fine of

9192

$500 and a suspension of any recreational license or permit

9193

issued under s. 379.354 372.57 for 1 year. Such suspension shall

9194

include the suspension of the privilege to obtain such license or

9195

permit and the suspension of the ability to exercise any

9196

privilege granted under any exemption in s. 379.353 372.562.

9197

4. A person who commits a Level Two violation within 10

9198

years after three previous convictions for a Level Two or higher

9199

violation commits a misdemeanor of the first degree, punishable

9200

as provided in s. 775.082 or s. 775.083, with a minimum mandatory

9201

fine of $750 and a suspension of any recreational license or

9202

permit issued under s. 379.354 372.57 for 3 years. Such

9203

suspension shall include the suspension of the privilege to

9204

obtain such license or permit and the suspension of the ability

9205

to exercise any privilege granted under s. 379.353 372.562. If

9206

the recreational license or permit being suspended was an annual

9207

license or permit, any privileges under ss. 379.353 and 379.354

9208

372.562 and 372.57 may not be acquired for a 3-year period

9209

following the date of the violation.

9210

(3)(a) LEVEL THREE VIOLATIONS.--A person commits a Level

9211

Three violation if he or she violates any of the following

9212

provisions:

9213

1. Rules or orders of the commission prohibiting the sale

9214

of saltwater fish.

9215

2. Rules or orders of the commission prohibiting the

9216

illegal importation or possession of exotic marine plants or

9217

animals.

9218

3. 2. Section 379.407(2) 370.021(2), establishing major

9219

violations.

9220

4. 3. Section 379.407(4) 370.021(4), prohibiting the

9221

possession of certain finfish in excess of recreational daily bag

9222

limits.

9223

4. Section 370.081, prohibiting the illegal importation or

9224

possession of exotic marine plants or animals.

9225

5. Section 379.28 372.26, prohibiting the importation of

9226

freshwater fish.

9227

6. Section 379.231 372.265, prohibiting the importation of

9228

nonindigenous species of the animal kingdom without a permit

9229

issued by the commission.

9230

7. Section 379.354(17) 372.57(17), prohibiting the taking

9231

of game, freshwater fish, or saltwater fish while a required

9232

license is suspended or revoked.

9233

8. Section 379.3014 372.662, prohibiting the illegal sale

9234

or possession of alligators.

9235

9. Section 379.404(1), (3), and (6) 372.99(1), (3), and

9236

(6), prohibiting the illegal taking and possession of deer and

9237

wild turkey.

9238

10. Section 379.406 372.9903, prohibiting the possession

9239

and transportation of commercial quantities of freshwater game

9240

fish.

9241

(b)1. A person who commits a Level Three violation but who

9242

has not been convicted of a Level Three or higher violation

9243

within the past 10 years commits a misdemeanor of the first

9244

degree, punishable as provided in s. 775.082 or s. 775.083.

9245

2. A person who commits a Level Three violation within 10

9246

years after a previous conviction for a Level Three or higher

9247

violation commits a misdemeanor of the first degree, punishable

9248

as provided in s. 775.082 or s. 775.083, with a minimum mandatory

9249

fine of $750 and a suspension of any recreational license or

9250

permit issued under s. 379.354 372.57 for the remainder of the

9251

period for which the license or permit was issued up to 3 years.

9252

Such suspension shall include the suspension of the privilege to

9253

obtain such license or permit and the ability to exercise any

9254

privilege granted under s. 379.353 372.562. If the recreational

9255

license or permit being suspended was an annual license or

9256

permit, any privileges under ss. 379.353 and 379.354 372.562 and

9257

372.57 may not be acquired for a 3-year period following the date

9258

of the violation.

9259

3. A person who commits a violation of s. 379.354(17)

9260

372.57(17) shall receive a mandatory fine of $1,000. Any

9261

privileges under ss. 379.353 and 379.354 372.562 and 372.57 may

9262

not be acquired for a 5-year period following the date of the

9263

violation.

9264

(4)(a) LEVEL FOUR VIOLATIONS.--A person commits a Level

9265

Four violation if he or she violates any of the following

9266

provisions:

9267

1. Section 379.365(2)(c) 370.13(2)(c), prohibiting criminal

9268

activities relating to the taking of stone crabs.

9269

2. Section 379.366(4)(c) 370.135(4)(c), prohibiting

9270

criminal activities relating to the taking and harvesting of blue

9271

crabs.

9272

3. Section 379.367(4) 370.14(4), prohibiting the willful

9273

molestation of spiny lobster gear.

9274

4. Section 379.3671(2)(c)5. 370.142(2)(c)5., prohibiting

9275

the unlawful reproduction, possession, sale, trade, or barter of

9276

spiny lobster trap tags or certificates.

9277

5. Section 379.354(16) 372.57(16), prohibiting the making,

9278

forging, counterfeiting, or reproduction of a recreational

9279

license or possession of same without authorization from the

9280

commission.

9281

6. Section 379.404(5) 372.99(5), prohibiting the sale of

9282

illegally-taken deer or wild turkey.

9283

7. Section 379.405 372.99022, prohibiting the molestation

9284

or theft of freshwater fishing gear.

9285

(b) A person who commits a Level Four violation commits a

9286

felony of the third degree, punishable as provided in s. 775.082

9287

or s. 775.083.

9288

(5) VIOLATIONS OF CHAPTER.--Except as provided in this

9289

chapter:

9290

(a) A person who commits a violation of any provision of

9291

this chapter commits, for the first offense, a misdemeanor of the

9292

second degree, punishable as provided in s. 775.082 or s.

9293

775.083.

9294

(b) A person who is convicted of a second or subsequent

9295

violation of any provision of this chapter commits a misdemeanor

9296

of the first degree, punishable as provided in s. 775.082 or s.

9297

775.083.

9298

(6) SUSPENSION OR FORFEITURE OF LICENSE.--The court may

9299

order the suspension or forfeiture of any license or permit

9300

issued under this chapter to a person who is found guilty of

9301

committing a violation of this chapter.

9302

(7) CONVICTION DEFINED.--As used in this section, the term

9303

"conviction" means any judicial disposition other than acquittal

9304

or dismissal.

9305

Section 167. Section 372.935, Florida Statutes, is

9306

renumbered as section 379.4015, Florida Statutes, and amended to

9307

read:

9308

379.4015 372.935 Captive wildlife penalties.--

9309

(1) LEVEL ONE.--Unless otherwise provided by law, the

9310

following classifications and penalties apply:

9311

(a) A person commits a Level One violation if he or she

9312

violates any of the following provisions:

9313

1. Rules or orders of the commission requiring free permits

9314

or other authorizations to possess captive wildlife.

9315

2. Rules or orders of the commission relating to the filing

9316

of reports or other documents required of persons who are

9317

licensed to possess captive wildlife.

9318

3. Rules or orders of the commission requiring permits to

9319

possess captive wildlife for which a fee is charged, when the

9320

person being charged was issued the permit and the permit has

9321

expired less than 1 year prior to the violation.

9322

(b) Any person cited for committing any offense classified

9323

as a Level One violation commits a noncriminal infraction,

9324

punishable as provided in this section.

9325

9326

infraction specified in paragraph (a) shall be cited to appear

9327

before the county court. The civil penalty for any noncriminal

9328

infraction is $50 if the person cited has not previously been

9329

found guilty of a Level One violation and $250 if the person

9330

cited has previously been found guilty of a Level One violation,

9331

except as otherwise provided in this subsection. Any person cited

9332

for failing to have a required permit or license shall pay an

9333

additional civil penalty in the amount of the license fee

9334

required.

9335

(d) Any person cited for an infraction under this

9336

subsection may:

9337

1. Post a bond, which shall be equal in amount to the

9338

applicable civil penalty; or

9339

2. Sign and accept a citation indicating a promise to

9340

appear before the county court. The officer may indicate on the

9341

citation the time and location of the scheduled hearing and shall

9342

indicate the applicable civil penalty.

9343

(e) Any person charged with a noncriminal infraction under

9344

this subsection may:

9345

1. Pay the civil penalty, either by mail or in person,

9346

within 30 days after the date of receiving the citation; or

9347

2. If the person has posted bond, forfeit bond by not

9348

appearing at the designated time and location.

9349

(f) If the person cited follows either of the procedures in

9350

subparagraph (e)1. or subparagraph (e)2., he or she shall be

9351

deemed to have admitted the infraction and to have waived his or

9352

her right to a hearing on the issue of commission of the

9353

infraction. Such admission shall not be used as evidence in any

9354

other proceedings except to determine the appropriate fine for

9355

any subsequent violations.

9356

(g) Any person who willfully refuses to post bond or accept

9357

and sign a summons commits a misdemeanor of the second degree,

9358

punishable as provided in s. 775.082 or s. 775.083. Any person

9359

who fails to pay the civil penalty specified in this subsection

9360

within 30 days after being cited for a noncriminal infraction or

9361

to appear before the court pursuant to this subsection commits a

9362

misdemeanor of the second degree, punishable as provided in s.

9363

775.082 or s. 775.083.

9364

(h) Any person electing to appear before the county court

9365

or who is required to appear shall be deemed to have waived the

9366

limitations on the civil penalty specified in paragraph (c). The

9367

court, after a hearing, shall make a determination as to whether

9368

an infraction has been committed. If the commission of an

9369

infraction has been proven, the court may impose a civil penalty

9370

not less than those amounts in paragraph (c) and not to exceed

9371

$500.

9372

(i) At a hearing under this chapter, the commission of a

9373

charged infraction must be proved beyond a reasonable doubt.

9374

(j) If a person is found by the hearing official to have

9375

committed an infraction, she or he may appeal that finding to the

9376

circuit court.

9377

(2) LEVEL TWO.--Unless otherwise provided by law, the

9378

following classifications and penalties apply:

9379

(a) A person commits a Level Two violation if he or she

9380

violates any of the following provisions:

9381

1. Unless otherwise stated in subsection (1), rules or

9382

orders of the commission that require a person to pay a fee to

9383

obtain a permit to possess captive wildlife or that require the

9384

maintenance of records relating to captive wildlife.

9385

2. Rules or orders of the commission relating to captive

9386

wildlife not specified in subsection (1) or subsection (3).

9387

3. Rules or orders of the commission that require housing

9388

of wildlife in a safe manner when a violation results in an

9389

escape of wildlife other than Class I wildlife.

9390

4. Section 379.372 372.86, relating to capturing, keeping,

9391

possessing, transporting, or exhibiting venomous reptiles or

9392

reptiles of concern.

9393

5. Section 379.373 372.87, relating to requiring a license

9394

or permit for the capturing, keeping, possessing, or exhibiting

9395

of venomous reptiles or reptiles of concern.

9396

6. Section 379.374 372.88, relating to bonding requirements

9397

for public exhibits of venomous reptiles.

9398

7. Section 379.305 372.92, relating to commission rules and

9399

regulations to prevent the escape of venomous reptiles or

9400

reptiles of concern.

9401

8. Section 379.304 372.921, relating to exhibition or sale

9402

of wildlife.

9403

9. Section 379.3762 372.922, relating to personal

9404

possession of wildlife.

9405

(b) A person who commits any offense classified as a Level

9406

Two violation and who has not been convicted of a Level Two or

9407

higher violation within the past 3 years commits a misdemeanor of

9408

the second degree, punishable as provided in s. 775.082 or s.

9409

775.083.

9410

9411

who commits any offense classified as a Level Two violation

9412

within a 3-year period of any previous conviction of a Level Two

9413

or higher violation commits a misdemeanor of the first degree,

9414

punishable as provided in s. 775.082 or s. 775.083 with a minimum

9415

mandatory fine of $250.

9416

(d) Unless otherwise stated in this subsection, a person

9417

who commits any offense classified as a Level Two violation

9418

within a 5-year period of any two previous convictions of Level

9419

Two or higher violations commits a misdemeanor of the first

9420

degree, punishable as provided in s. 775.082 or s. 775.083, with

9421

a minimum mandatory fine of $500 and a suspension of all licenses

9422

issued under this chapter related to captive wildlife for 1 year.

9423

(e) A person who commits any offense classified as a Level

9424

Two violation within a 10-year period of any three previous

9425

convictions of Level Two or higher violations commits a

9426

misdemeanor of the first degree, punishable as provided in s.

9427

775.082 or s. 775.083, with a minimum mandatory fine of $750 and

9428

a suspension of all licenses issued under this chapter related to

9429

captive wildlife for 3 years.

9430

(3) LEVEL THREE.--Unless otherwise provided by law, the

9431

following classifications and penalties apply:

9432

(a) A person commits a Level Three violation if he or she

9433

violates any of the following provisions:

9434

1. Rules or orders of the commission that require housing

9435

of wildlife in a safe manner when a violation results in an

9436

escape of Class I wildlife.

9437

2. Rules or orders of the commission related to captive

9438

wildlife when the violation results in serious bodily injury to

9439

another person by captive wildlife that consists of a physical

9440

condition that creates a substantial risk of death, serious

9441

personal disfigurement, or protracted loss or impairment of the

9442

function of any bodily member or organ.

9443

3. Rules or orders of the commission relating to the use of

9444

gasoline or other chemical or gaseous substances on wildlife.

9445

4. Rules or orders of the commission prohibiting the

9446

release of wildlife for which only conditional possession is

9447

allowed.

9448

5. Rules or orders of the commission prohibiting knowingly

9449

entering false information on an application for a license or

9450

permit when the license or permit is to possess wildlife in

9451

captivity.

9452

6. Rules or orders of the commission, relating to the

9453

illegal importation and possession of nonindigenous marine plants

9454

and animals.

9455

7. Rules or orders of the commission relating to the

9456

importation, possession, or release of fish and wildlife for

9457

which possession is prohibited.

9458

8. 6. Section 379.231 372.265, relating to illegal

9459

importation or introduction of foreign wildlife.

9460

7. Section 370.081, relating to the illegal importation and

9461

possession of nonindigenous marine plants and animals.

9462

9. 8. Section 379.305 372.92, relating to release or escape

9463

of nonnative venomous reptiles or reptiles of concern.

9464

9. Rules or orders of the commission relating to the

9465

importation, possession, or release of fish and wildlife for

9466

which possession is prohibited.

9467

(b)1. A person who commits any offense classified as a

9468

Level Three violation and who has not been convicted of a Level

9469

Three or higher violation within the past 10 years commits a

9470

misdemeanor of the first degree, punishable as provided in s.

9471

775.082 or s. 775.083.

9472

2. A person who commits any offense classified as a Level

9473

Three violation within a 10-year period of any previous

9474

conviction of a Level Three or higher violation commits a

9475

misdemeanor of the first degree, punishable as provided in s.

9476

775.082 or s. 775.083, with a minimum mandatory fine of $750 and

9477

permanent revocation of all licenses or permits to possess

9478

captive wildlife issued under this chapter.

9479

(4) LEVEL FOUR.--Unless otherwise provided by law, the

9480

following classifications and penalties apply:

9481

(a) A person commits a Level Four violation if he or she

9482

violates any Level Three provision after the permanent revocation

9483

of a license or permit.

9484

(b) A person who commits any offense classified as a Level

9485

Four violation commits a felony of the third degree, punishable

9486

as provided in s. 775.082 or s. 775.083.

9487

(5) SUSPENSION OR REVOCATION OF LICENSE.--The court may

9488

order the suspension or revocation of any license or permit

9489

issued to a person to possess captive wildlife pursuant to this

9490

chapter if that person commits a criminal offense or a

9491

noncriminal infraction as specified under this section.

9492

(6) CONVICTION DEFINED.--For purposes of this section, the

9493

term "conviction" means any judicial disposition other than

9494

acquittal or dismissal.

9495

(7) COMMISSION LIMITATIONS.--Nothing in this section shall

9496

limit the commission from suspending or revoking any license to

9497

possess wildlife in captivity by administrative action in

9498

accordance with chapter 120. For purposes of administrative

9499

action, a conviction of a criminal offense shall mean any

9500

judicial disposition other than acquittal or dismissal.

9501

Section 168. Section 370.1107, Florida Statutes, is

9502

renumbered as section 379.402, Florida Statutes, to read:

9503

379.402 370.1107 Definition; possession of certain licensed

9504

traps prohibited; penalties; exceptions; consent.--

9505

(1) As used in this section, the term "licensed saltwater

9506

fisheries trap" means any trap required to be licensed by the

9507

Fish and Wildlife Conservation Commission and authorized by the

9508

commission for the taking of saltwater products.

9509

(2) It is unlawful for any person, firm, corporation, or

9510

association to be in actual or constructive possession of a

9511

licensed saltwater fisheries trap registered with the Fish and

9512

Wildlife Conservation Commission in another person's, firm's,

9513

corporation's, or association's name.

9514

(a) Unlawful possession of less than three licensed

9515

saltwater fisheries traps is a misdemeanor of the first degree,

9516

punishable as provided in s. 775.082 or s. 775.083.

9517

(b) Unlawful possession of three or more licensed saltwater

9518

fisheries traps is a felony of the third degree, punishable as

9519

provided in s. 775.082 or s. 775.083.

9520

9521

dismissal or acquittal on a charge of violating this section or

9522

any provision of law or rule making unlawful the possession of

9523

another's saltwater fishing trap, a person shall permanently lose

9524

all saltwater fishing privileges, including licenses, trap

9525

certificates, and the ability to transfer trap certificates.

9526

(3) It is unlawful for any person, firm, corporation, or

9527

association to possess, attempt to possess, interfere with,

9528

attempt to interfere with, or remove live bait from a live bait

9529

trap or cage of another person, firm, corporation, or

9530

association. Unlawful possession of one or more live bait traps

9531

or cages is a misdemeanor of the first degree, punishable as

9532

provided in s. 775.082 or s. 775.083.

9533

(4) This section shall not apply to the agents or employees

9534

of the registered owner of the licensed saltwater fisheries trap

9535

or to a person, firm, corporation, or association who has the

9536

written consent from the owner of the licensed saltwater

9537

fisheries trap, to possess such licensed saltwater fisheries

9538

trap, or to agents or employees of the Fish and Wildlife

9539

Conservation Commission who are engaged in the removal of traps

9540

during the closed season.

9541

(5) The registered owner of the licensed saltwater

9542

fisheries trap shall provide the Fish and Wildlife Conservation

9543

Commission with the names of any agents, employees, or any other

9544

person, firm, company, or association to whom the registered

9545

owner has given consent to possess said licensed saltwater

9546

fisheries trap.

9547

Section 169. Section 372.7015, Florida Statutes, is

9548

renumbered as section 379.403, Florida Statutes, and amended to

9549

read:

9550

379.403 372.7015 Illegal killing, taking, possessing, or

9551

selling wildlife or game; fines; disposition of fines.--In

9552

addition to any other penalty provided by law, any person who

9553

violates the criminal provisions of this chapter and rules

9554

adopted pursuant to this chapter by illegally killing, taking,

9555

possessing, or selling game or fur-bearing animals as defined in

9556

s. 379.101 (19) or (20) 372.001(10) or (11) in or out of season

9557

while violating chapter 810 shall pay a fine of $250 for each

9558

such violation, plus court costs and any restitution ordered by

9559

the court. All fines collected under this section shall be

9560

remitted by the clerk of the court to the Department of Revenue

9561

to be deposited into the Fish and Wildlife Conservation

9562

Commission's State Game Trust Fund.

9563

Section 170. Section 372.99, Florida Statutes, is

9564

renumbered as section 379.404, Florida Statutes, and amended to

9565

read:

9566

379.404 372.99 Illegal taking and possession of deer and

9567

wild turkey; evidence; penalty.--

9568

(1) Whoever takes or kills any deer or wild turkey, or

9569

possesses a freshly killed deer or wild turkey, during the closed

9570

season prescribed by law or by the rules and regulations of the

9571

Fish and Wildlife Conservation Commission, or whoever takes or

9572

attempts to take any deer or wild turkey by the use of gun and

9573

light in or out of closed season, commits a Level Three violation

9574

under s. 379.401 372.83 and shall forfeit any license or permit

9575

issued to her or him under the provisions of this chapter. No

9576

license shall be issued to such person for a period of 3 years

9577

following any such violation on the first offense. Any person

9578

guilty of a second or subsequent violation shall be permanently

9579

ineligible for issuance of a license or permit thereafter.

9580

(2) The display or use of a light in a place where deer

9581

might be found and in a manner capable of disclosing the presence

9582

of deer, together with the possession of firearms or other

9583

weapons customarily used for the taking of deer, between 1 hour

9584

after sunset and 1 hour before sunrise, shall be prima facie

9585

evidence of an intent to violate the provisions of subsection

9586

(1). This subsection does not apply to an owner or her or his

9587

employee when patrolling or inspecting the land of the owner,

9588

provided the employee has satisfactory proof of employment on her

9589

or his person.

9590

(3) Whoever takes or kills any doe deer; fawn or baby deer;

9591

or deer, whether male or female, which does not have one or more

9592

antlers at least 5 inches in length, except as provided by law or

9593

the rules of the Fish and Wildlife Conservation Commission,

9594

during the open season prescribed by the rules of the commission,

9595

commits a Level Three violation under s. 379.401 372.83 and may

9596

be required to forfeit any license or permit issued to such

9597

person for a period of 3 years following any such violation on

9598

the first offense. Any person guilty of a second or subsequent

9599

violation shall be permanently ineligible for issuance of a

9600

license or permit thereafter.

9601

(4) Any person who cultivates agricultural crops may apply

9602

to the Fish and Wildlife Conservation Commission for a permit to

9603

take or kill deer on land which that person is currently

9604

cultivating. When said person can show, to the satisfaction of

9605

the Fish and Wildlife Conservation Commission, that such taking

9606

or killing of deer is justified because of damage to the person's

9607

crops caused by deer, the Fish and Wildlife Conservation

9608

Commission may issue a limited permit to the applicant to take or

9609

kill deer without being in violation of subsection (1) or

9610

subsection (3).

9611

(5) Whoever possesses for sale or sells deer or wild turkey

9612

taken in violation of this chapter or the rules and regulations

9613

of the commission commits a Level Four violation under s. 379.401

9614

372.83.

9615

(6) Any person who enters upon private property and shines

9616

lights upon such property, without the express permission of the

9617

owner of the property and with the intent to take deer by

9618

utilizing such shining lights, commits a Level Three violation

9619

under s. 379.401 372.83.

9620

Section 171. Section 372.99022, Florida Statutes, is

9621

renumbered as section 379.405, Florida Statutes, and amended to

9622

read:

9623

379.405 372.99022 Illegal molestation of or theft from

9624

freshwater fishing gear.--

9625

(1)(a) Any person, firm, or corporation that willfully

9626

molests any authorized and lawfully permitted freshwater fishing

9627

gear belonging to another without the express written consent of

9628

the owner commits a Level Four violation under s. 379.401 372.83.

9629

Any written consent must be available for immediate inspection.

9630

(b) Any person, firm, or corporation that willfully removes

9631

the contents of any authorized and lawfully permitted freshwater

9632

fishing gear belonging to another without the express written

9633

consent of the owner commits a Level Four violation under s.

9634

379.401 372.83. Any written consent must be available for

9635

immediate inspection.

9636

9637

A person, firm, or corporation that receives a citation for a

9638

violation of this subsection is prohibited, immediately upon

9639

receipt of such citation and until adjudicated or convicted of a

9640

felony under this subsection, from transferring any endorsements.

9641

(2) Any person, firm, or corporation convicted pursuant to

9642

subsection (1) of removing the contents of freshwater fishing

9643

gear without the express written consent of the owner shall

9644

permanently lose all of his or her freshwater and saltwater

9645

fishing privileges, including his or her recreational and

9646

commercial licenses and endorsements, and shall be assessed an

9647

administrative penalty of not more than $5,000. The endorsements

9648

of such person, firm, or corporation are not transferable.

9649

(3) For purposes of this section, the term "freshwater

9650

fishing gear" means haul seines, slat baskets, wire traps, hoop

9651

nets, or pound nets, and includes the lines or buoys attached

9652

thereto.

9653

Section 172. Section 372.9903, Florida Statutes, is

9654

renumbered as section 379.406, Florida Statutes, and amended to

9655

read:

9656

379.406 372.9903 Illegal possession or transportation of

9657

freshwater game fish in commercial quantities; penalty.--

9658

(1) Whoever possesses, moves, or transports any black bass,

9659

bream, speckled perch, or other freshwater game fish in

9660

commercial quantities in violation of law or the rules of the

9661

Fish and Wildlife Conservation Commission commits a Level Three

9662

violation under s. 379.401 372.83.

9663

(2) For the purposes of this section "commercial

9664

quantities" shall be deemed to be a quantity of freshwater game

9665

fish of 150 or more pounds, and the possession, movement, or

9666

transportation of freshwater game fish in excess of such weight

9667

shall constitute prima facie evidence of possession or

9668

transportation for commercial purposes.

9669

Section 173. Subsections (1), (2), (3), (4), (5), (6),

9670

(11), and (12) of section 370.021, Florida Statutes, are

9671

renumbered as section 379.407, Florida Statutes, and amended to

9672

read:

9673

379.407 370.021 Administration; rules, publications,

9674

records; penalties; injunctions.--

9675

(1) BASE PENALTIES.--Unless otherwise provided by law, any

9676

person, firm, or corporation who violates any provision of this

9677

chapter, or any rule of the Fish and Wildlife Conservation

9678

Commission relating to the conservation of marine resources,

9679

shall be punished:

9680

(a) Upon a first conviction, by imprisonment for a period

9681

of not more than 60 days or by a fine of not less than $100 nor

9682

more than $500, or by both such fine and imprisonment.

9683

(b) On a second or subsequent conviction within 12 months,

9684

by imprisonment for not more than 6 months or by a fine of not

9685

less than $250 nor more than $1,000, or by both such fine and

9686

imprisonment.

9687

9688

Upon final disposition of any alleged offense for which a

9689

citation for any violation of this chapter or the rules of the

9690

commission has been issued, the court shall, within 10 days,

9691

certify the disposition to the commission.

9692

(2) MAJOR VIOLATIONS.--In addition to the penalties

9693

provided in paragraphs (1)(a) and (b), the court shall assess

9694

additional penalties against any commercial harvester convicted

9695

of major violations as follows:

9696

(a) For a violation involving more than 100 illegal blue

9697

crabs, spiny lobster, or stone crabs, an additional penalty of

9698

$10 for each illegal blue crab, spiny lobster, stone crab, or

9699

part thereof.

9700

(b)1. For a violation involving the taking or harvesting of

9701

shrimp from a nursery or other prohibited area, or any two

9702

violations within a 12-month period involving shrimping gear,

9703

minimum size (count), or season, an additional penalty of $10 for

9704

each pound of illegal shrimp or part thereof.

9705

2. For violations involving the taking of shrimp in certain

9706

closed areas:

9707

a. Any person convicted of taking shrimp in Santa Rosa

9708

Sound in violation of commission rule designating a closed area

9709

shall have his or her saltwater products license and the

9710

saltwater products license of the boat involved in the violation

9711

revoked. If the person holds such a license, he or she shall be

9712

ineligible to make application for such a license for a period of

9713

2 years from the date of such conviction. If a person not having

9714

a license is convicted hereunder, that person and the boat

9715

involved in the violation shall not be eligible for such a

9716

license for 5 years.

9717

b. A third or subsequent violation by any person of the

9718

designated closure to shrimping in Santa Rosa Sound within a 3-

9719

year period is a felony of the third degree, punishable as

9720

provided in s. 775.082, s. 775.083, or s. 775.084.

9721

c. A second or any subsequent violation by any person for

9722

taking shrimp in a food shrimp production closed area in a

9723

portion of Monroe County designated by the commission is a felony

9724

of the third degree, punishable as provided in s. 775.082 or s.

9725

775.083.

9726

d. A third or any subsequent violation by the owner or

9727

master of any vessel engaged in food shrimp production in the

9728

Tortugas Shrimp Beds closed area designated by the commission

9729

within a 3-year period shall be a felony of the third degree,

9730

punishable as provided in ss. 775.082 and 775.083.

9731

9732

oysters from nonapproved areas or the taking or possession of

9733

unculled oysters, an additional penalty of $10 for each bushel of

9734

illegal oysters.

9735

(d) For a violation involving the taking or harvesting of

9736

clams from nonapproved areas, an additional penalty of $100 for

9737

each 500 count bag of illegal clams.

9738

(e) For a violation involving the taking, harvesting, or

9739

possession of any of the following species, which are endangered,

9740

threatened, or of special concern:

9741

1. Shortnose sturgeon (Acipenser brevirostrum);

9742

2. Atlantic sturgeon (Acipenser oxyrhynchus);

9743

3. Common snook (Centropomus undecimalis);

9744

4. Atlantic loggerhead turtle (Caretta caretta caretta);

9745

5. Atlantic green turtle (Chelonia mydas mydas);

9746

6. Leatherback turtle (Dermochelys coriacea);

9747

7. Atlantic hawksbill turtle (Eretmochelys imbricata

9748

imbracata);

9749

8. Atlantic ridley turtle (Lepidochelys kempi); or

9750

9. West Indian manatee (Trichechus manatus latirostris),

9751

9752

an additional penalty of $100 for each unit of marine life or

9753

part thereof.

9754

(f) For a second or subsequent conviction within 24 months

9755

for any violation of the same law or rule involving the taking or

9756

harvesting of more than 100 pounds of any finfish, an additional

9757

penalty of $5 for each pound of illegal finfish.

9758

(g) For any violation involving the taking, harvesting, or

9759

possession of more than 1,000 pounds of any illegal finfish, an

9760

additional penalty equivalent to the wholesale value of the

9761

illegal finfish.

9762

(h) Permits issued to any commercial harvester by the

9763

commission to take or harvest saltwater products, or any license

9764

issued pursuant to s. 379.361 370.06 or s. 379.362 370.07 may be

9765

suspended or revoked by the commission, pursuant to the

9766

provisions and procedures of s. 120.60, for any major violation

9767

prescribed in this subsection:

9768

1. Upon a first conviction, for up to 30 calendar days.

9769

2. Upon a second conviction which occurs within 12 months

9770

after a prior violation, for up to 90 calendar days.

9771

3. Upon a third conviction which occurs within 24 months

9772

after a prior conviction, for up to 180 calendar days.

9773

4. Upon a fourth conviction which occurs within 36 months

9774

after a prior conviction, for a period of 6 months to 3 years.

9775

(i) Upon the arrest and conviction for a major violation

9776

involving stone crabs, the licenseholder must show just cause why

9777

his or her license should not be suspended or revoked. For the

9778

purposes of this paragraph, a "major violation" means a major

9779

violation as prescribed for illegal stone crabs; any single

9780

violation involving possession of more than 25 stone crabs during

9781

the closed season or possession of 25 or more whole-bodied or

9782

egg-bearing stone crabs; any violation for trap molestation, trap

9783

robbing, or pulling traps at night; or any combination of

9784

violations in any 3-consecutive-year period wherein more than 75

9785

illegal stone crabs in the aggregate are involved.

9786

(j) Upon the arrest and conviction for a major violation

9787

involving spiny lobster, the licenseholder must show just cause

9788

why his or her license should not be suspended or revoked. For

9789

the purposes of this paragraph, a "major violation" means a major

9790

violation as prescribed for illegal spiny lobster; any single

9791

violation involving possession of more than 25 spiny lobster

9792

during the closed season or possession of more than 25 wrung

9793

spiny lobster tails or more than 25 egg-bearing or stripped spiny

9794

lobster; any violation for trap molestation, trap robbing, or

9795

pulling traps at night; or any combination of violations in any

9796

3-consecutive-year period wherein more than 75 illegal spiny

9797

lobster in the aggregate are involved.

9798

(k) Upon the arrest and conviction for a major violation

9799

involving blue crabs, the licenseholder shall show just cause why

9800

his or her saltwater products license should not be suspended or

9801

revoked. This paragraph shall not apply to an individual fishing

9802

with no more than five traps. For the purposes of this paragraph,

9803

a "major violation" means a major violation as prescribed for

9804

illegal blue crabs, any single violation wherein 50 or more

9805

illegal blue crabs are involved; any violation for trap

9806

molestation, trap robbing, or pulling traps at night; or any

9807

combination of violations in any 3-consecutive-year period

9808

wherein more than 100 illegal blue crabs in the aggregate are

9809

involved.

9810

(l) Upon the conviction for a major violation involving

9811

finfish, the licenseholder must show just cause why his or her

9812

saltwater products license should not be suspended or revoked.

9813

For the purposes of this paragraph, a major violation is

9814

prescribed for the taking and harvesting of illegal finfish, any

9815

single violation involving the possession of more than 100 pounds

9816

of illegal finfish, or any combination of violations in any 3-

9817

consecutive-year period wherein more than 200 pounds of illegal

9818

finfish in the aggregate are involved.

9819

(m) For a violation involving the taking or harvesting of

9820

any marine life species, as those species are defined by rule of

9821

the commission, the harvest of which is prohibited, or the taking

9822

or harvesting of such a species out of season, or with an illegal

9823

gear or chemical, or any violation involving the possession of 25

9824

or more individual specimens of marine life species, or any

9825

combination of violations in any 3-year period involving more

9826

than 70 such specimens in the aggregate, the suspension or

9827

revocation of the licenseholder's marine life endorsement as

9828

provided in paragraph (h).

9829

9830

The penalty provisions of this subsection apply to commercial

9831

harvesters and wholesale and retail dealers as defined in s.

9832

379.362 370.07. Any other person who commits a major violation

9833

under this subsection commits a Level Three violation under s.

9834

379.401 372.83. Notwithstanding the provisions of s. 948.01, no

9835

court may suspend, defer, or withhold adjudication of guilt or

9836

imposition of sentence for any major violation prescribed in this

9837

subsection. The proceeds from the penalties assessed pursuant to

9838

this subsection shall be deposited into the Marine Resources

9839

Conservation Trust Fund to be used for marine fisheries research

9840

or into the commission's Federal Law Enforcement Trust Fund as

9841

provided in s. 372.107, as applicable.

9842

(3) PENALTIES FOR USE OF ILLEGAL NETS.--

9843

(a) It is a major violation pursuant to this section,

9844

punishable as provided in paragraph (b) for any person, firm, or

9845

corporation to be simultaneously in possession of any species of

9846

mullet in excess of the recreational daily bag limit and any gill

9847

or other entangling net as defined in s. 16(c), Art. X of the

9848

State Constitution. Simultaneous possession under this provision

9849

shall include possession of mullet and gill or other entangling

9850

nets on separate vessels or vehicles where such vessels or

9851

vehicles are operated in coordination with one another including

9852

vessels towed behind a main vessel. This subsection does not

9853

prohibit a resident of this state from transporting on land, from

9854

Alabama to this state, a commercial quantity of mullet together

9855

with a gill net if:

9856

1. The person possesses a valid commercial fishing license

9857

that is issued by the State of Alabama and that allows the person

9858

to use a gill net to legally harvest mullet in commercial

9859

quantities from Alabama waters.

9860

2. The person possesses a trip ticket issued in Alabama and

9861

filled out to match the quantity of mullet being transported, and

9862

the person is able to present such trip ticket immediately upon

9863

entering this state.

9864

3. The mullet are to be sold to a wholesale saltwater

9865

products dealer located in Escambia County or Santa Rosa County,

9866

which dealer also possesses a valid seafood dealer's license

9867

issued by the State of Alabama. The dealer's name must be clearly

9868

indicated on the trip ticket.

9869

4. The mullet being transported are totally removed from

9870

any net also being transported.

9871

(b)1. A flagrant violation of any rule or statute which

9872

implements s. 16(b), Art. X of the State Constitution shall be

9873

considered a felony of the third degree, punishable as provided

9874

in s. 775.082 or s. 775.083. For purposes of this paragraph, a

9875

flagrant violation shall be the illegal possession or use of a

9876

monofilament net or a net with a mesh area larger than 2,000

9877

square feet. A violation means any judicial disposition other

9878

than acquittal or dismissal.

9879

2. In addition to being subject to the other penalties

9880

provided in this chapter, any violation of s. 16(b), Art. X of

9881

the State Constitution, or any statute or rule of the commission

9882

which implements the gear prohibitions and restrictions specified

9883

therein shall be considered a major violation; and any person,

9884

firm, or corporation receiving any judicial disposition other

9885

than acquittal or dismissal of such violation shall be subject to

9886

the following additional penalties:

9887

a. For a first major violation within a 7-year period, a

9888

civil penalty of $2,500 and suspension of all saltwater products

9889

license privileges for 90 calendar days following final

9890

disposition shall be imposed.

9891

b. For a second major violation under this subparagraph

9892

charged within 7 years of a previous judicial disposition, which

9893

results in a second judicial disposition other than acquittal or

9894

dismissal, a civil penalty of $5,000 and suspension of all

9895

saltwater products license privileges for 12 months shall be

9896

imposed.

9897

c. For a third or subsequent major violation under this

9898

subparagraph, charged within a 7-year period, resulting in a

9899

third or subsequent judicial disposition other than acquittal or

9900

dismissal, a civil penalty of $5,000, lifetime revocation of the

9901

saltwater products license, and forfeiture of all gear and

9902

equipment used in the violation shall be imposed.

9903

d. For a first flagrant violation under this subparagraph,

9904

a civil penalty of $5,000 and a suspension of all saltwater

9905

license privileges for 12 months shall be imposed. For a second

9906

or subsequent flagrant violation under this subparagraph, a civil

9907

penalty of $5,000, a lifetime revocation of the saltwater

9908

products license, and the forfeiture of all gear and equipment

9909

used in the violation shall be imposed.

9910

9911

A court may suspend, defer, or withhold adjudication of guilt or

9912

imposition of sentence only for any first violation of s. 16,

9913

Art. X of the State Constitution, or any rule or statute

9914

implementing its restrictions, determined by a court only after

9915

consideration of competent evidence of mitigating circumstances

9916

to be a nonflagrant or minor violation of those restrictions upon

9917

the use of nets. Any violation of s. 16, Art. X of the State

9918

Constitution, or any rule or statute implementing its

9919

restrictions, occurring within a 7-year period commencing upon

9920

the conclusion of any judicial proceeding resulting in any

9921

outcome other than acquittal shall be punished as a second,

9922

third, or subsequent violation accordingly.

9923

9924

saltwater license privileges under this subsection, the licensee

9925

shall not participate in the taking or harvesting, or attempt the

9926

taking or harvesting, of saltwater products from any vessel

9927

within the waters of the state; be aboard any vessel on which a

9928

commercial quantity of saltwater products is possessed through an

9929

activity requiring a license pursuant to this section; or engage

9930

in any other activity requiring a license, permit, or certificate

9931

issued pursuant to this chapter. Any person who is convicted of

9932

violating this paragraph:

9933

1. Upon a first or second conviction, is guilty of a

9934

misdemeanor of the first degree, punishable as provided in s.

9935

775.082 or s. 775.083.

9936

2. Upon a third or subsequent conviction, is guilty of a

9937

felony of the third degree, punishable as provided in s. 775.082,

9938

s. 775.083, or s. 775.084.

9939

(d) Upon reinstatement of saltwater license privileges

9940

suspended pursuant to a violation of this subsection, a licensee

9941

owning or operating a vessel containing or otherwise transporting

9942

in or on Florida waters any gill net or other entangling net, or

9943

containing or otherwise transporting in nearshore and inshore

9944

Florida waters any net containing more than 500 square feet of

9945

mesh area shall remain restricted for a period of 12 months

9946

following reinstatement, to operating under the following

9947

conditions:

9948

1. Vessels subject to this reinstatement period shall be

9949

restricted to the corridors established by commission rule.

9950

2. A violation of the reinstatement period provisions shall

9951

be punishable pursuant to paragraphs (1)(a) and (b).

9952

(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING

9953

CERTAIN FINFISH.--

9954

(a) It is a major violation under this section for any

9955

person to be in possession of any species of trout, snook, or

9956

redfish which is three fish in excess of the recreational or

9957

commercial daily bag limit.

9958

(b) A commercial harvester who violates this subsection

9959

shall be punished as provided under paragraph (3)(b). Any other

9960

person who violates this subsection commits a Level Three

9961

violation under s. 379.401 372.83.

9962

(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY

9963

HARVESTED PRODUCTS.--In addition to other penalties authorized in

9964

this chapter, any violation of s. 379.361 370.06 or s. 379.362

9965

370.07, or rules of the commission implementing s. 379.361 370.06

9966

or s. 379.362 370.07, involving the purchase of saltwater

9967

products by a commercial wholesale dealer, retail dealer, or

9968

restaurant facility for public consumption from an unlicensed

9969

person, firm, or corporation, or the purchase or sale of any

9970

saltwater product known to be taken in violation of s. 16, Art. X

9971

of the State Constitution, or rule or statute implementing the

9972

provisions thereof, by a commercial wholesale dealer, retail

9973

dealer, or restaurant facility, for public consumption, is a

9974

major violation, and the commission may assess the following

9975

penalties:

9976

(a) For a first violation, the commission may assess a

9977

civil penalty of up to $2,500 and may suspend the wholesale or

9978

retail dealer's license privileges for up to 90 calendar days.

9979

(b) For a second violation occurring within 12 months of a

9980

prior violation, the commission may assess a civil penalty of up

9981

to $5,000 and may suspend the wholesale or retail dealer's

9982

license privileges for up to 180 calendar days.

9983

9984

24-month period, the commission shall assess a civil penalty of

9985

$5,000 and shall suspend the wholesale or retail dealer's license

9986

privileges for up to 24 months.

9987

9988

Any proceeds from the civil penalties assessed pursuant to this

9989

subsection shall be deposited into the Marine Resources

9990

Conservation Trust Fund and shall be used as follows: 40 percent

9991

for administration and processing purposes and 60 percent for law

9992

enforcement purposes.

9993

(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

9994

HARVEST.--It is a major violation and punishable as provided in

9995

this subsection for any unlicensed person, firm, or corporation

9996

who is required to be licensed under this chapter as a commercial

9997

harvester or a wholesale or retail dealer to sell or purchase any

9998

saltwater product or to harvest or attempt to harvest any

9999

saltwater product with intent to sell the saltwater product.

10000

(a) Any person, firm, or corporation who sells or purchases

10001

any saltwater product without having purchased the licenses

10002

required by this chapter for such sale is subject to penalties as

10003

follows:

10004

1. A first violation is a misdemeanor of the second degree,

10005

punishable as provided in s. 775.082 or s. 775.083.

10006

2. A second violation is a misdemeanor of the first degree,

10007

punishable as provided in s. 775.082 or s. 775.083, and such

10008

person may also be assessed a civil penalty of up to $2,500 and

10009

is subject to a suspension of all license privileges under this

10010

chapter and chapter 372 for a period not exceeding 90 days.

10011

3. A third violation is a misdemeanor of the first degree,

10012

punishable as provided in s. 775.082 or s. 775.083, with a

10013

mandatory minimum term of imprisonment of 6 months, and such

10014

person may also be assessed a civil penalty of up to $5,000 and

10015

is subject to a suspension of all license privileges under this

10016

chapter and chapter 372 for a period not exceeding 6 months.

10017

4. A third violation within 1 year after a second violation

10018

is a felony of the third degree, punishable as provided in s.

10019

775.082 or s. 775.083, with a mandatory minimum term of

10020

imprisonment of 1 year, and such person shall be assessed a civil

10021

penalty of $5,000 and all license privileges under this chapter

10022

and chapter 372 shall be permanently revoked.

10023

5. A fourth or subsequent violation is a felony of the

10024

third degree, punishable as provided in s. 775.082 or s. 775.083,

10025

with a mandatory minimum term of imprisonment of 1 year, and such

10026

person shall be assessed a civil penalty of $5,000 and all

10027

license privileges under this chapter and chapter 372 shall be

10028

permanently revoked.

10029

(b) Any person whose license privileges under this chapter

10030

have been permanently revoked and who thereafter sells or

10031

purchases or who attempts to sell or purchase any saltwater

10032

product commits a felony of the third degree, punishable as

10033

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10034

term of imprisonment of 1 year, and such person shall also be

10035

assessed a civil penalty of $5,000. All property involved in such

10036

offense shall be forfeited pursuant to s. 379.337 370.061.

10037

10038

whose license privileges under this chapter are under suspension

10039

and who during such period of suspension sells or purchases or

10040

attempts to sell or purchase any saltwater product shall be

10041

assessed the following penalties:

10042

1. A first violation, or a second violation occurring more

10043

than 12 months after a first violation, is a first degree

10044

misdemeanor, punishable as provided in ss. 775.082 and 775.083,

10045

and such commercial harvester or wholesale or retail dealer may

10046

be assessed a civil penalty of up to $2,500 and an additional

10047

suspension of all license privileges under this chapter and

10048

chapter 372 for a period not exceeding 90 days.

10049

2. A second violation occurring within 12 months of a first

10050

violation is a third degree felony, punishable as provided in ss.

10051

775.082 and 775.083, with a mandatory minimum term of

10052

imprisonment of 1 year, and such commercial harvester or

10053

wholesale or retail dealer may be assessed a civil penalty of up

10054

to $5,000 and an additional suspension of all license privileges

10055

under this chapter and chapter 372 for a period not exceeding 180

10056

days. All property involved in such offense shall be forfeited

10057

pursuant to s. 379.337 370.061.

10058

3. A third violation within 24 months of the second

10059

violation or subsequent violation is a third degree felony,

10060

punishable as provided in ss. 775.082 and 775.083, with a

10061

mandatory minimum term of imprisonment of 1 year, and such

10062

commercial harvester or wholesale or retail dealer shall be

10063

assessed a mandatory civil penalty of up to $5,000 and an

10064

additional suspension of all license privileges under this

10065

chapter and chapter 372 for a period not exceeding 24 months. All

10066

property involved in such offense shall be forfeited pursuant to

10067

s. 379.337 370.061.

10068

(d) Any commercial harvester who harvests or attempts to

10069

harvest any saltwater product with intent to sell the saltwater

10070

product without having purchased a saltwater products license

10071

with the requisite endorsements is subject to penalties as

10072

follows:

10073

1. A first violation is a misdemeanor of the second degree,

10074

punishable as provided in s. 775.082 or s. 775.083.

10075

2. A second violation is a misdemeanor of the first degree,

10076

punishable as provided in s. 775.082 or s. 775.083, and such

10077

commercial harvester may also be assessed a civil penalty of up

10078

to $2,500 and is subject to a suspension of all license

10079

privileges under this chapter and chapter 372 for a period not

10080

exceeding 90 days.

10081

3. A third violation is a misdemeanor of the first degree,

10082

punishable as provided in s. 775.082 or s. 775.083, with a

10083

mandatory minimum term of imprisonment of 6 months, and such

10084

commercial harvester may also be assessed a civil penalty of up

10085

to $5,000 and is subject to a suspension of all license

10086

privileges under this chapter and chapter 372 for a period not

10087

exceeding 6 months.

10088

4. A third violation within 1 year after a second violation

10089

is a felony of the third degree, punishable as provided in s.

10090

775.082 or s. 775.083, with a mandatory minimum term of

10091

imprisonment of 1 year, and such commercial harvester shall also

10092

be assessed a civil penalty of $5,000 and all license privileges

10093

under this chapter and chapter 372 shall be permanently revoked.

10094

5. A fourth or subsequent violation is a felony of the

10095

third degree, punishable as provided in s. 775.082 or s. 775.083,

10096

with a mandatory minimum term of imprisonment of 1 year, and such

10097

commercial harvester shall also be assessed a mandatory civil

10098

penalty of $5,000 and all license privileges under this chapter

10099

and chapter 372 shall be permanently revoked.

10100

10101

For purposes of this subsection, a violation means any judicial

10102

disposition other than acquittal or dismissal.

10103

(7)(11) REVOCATION OF LICENSES.--Any person licensed under

10104

this chapter who has been convicted of taking aquaculture species

10105

raised at a certified facility shall have his or her license

10106

revoked for 5 years by the commission pursuant to the provisions

10107

and procedures of s. 120.60.

10108

(8)(12) LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For

10109

purposes of imposing license or permit suspensions or revocations

10110

authorized by this chapter, the license or permit under which the

10111

violation was committed is subject to suspension or revocation by

10112

the commission. For purposes of assessing monetary civil or

10113

administrative penalties authorized by this chapter, the

10114

commercial harvester cited and subsequently receiving a judicial

10115

disposition of other than dismissal or acquittal in a court of

10116

law is subject to the monetary penalty assessment by the

10117

commission. However, if the license or permitholder of record is

10118

not the commercial harvester receiving the citation and judicial

10119

disposition, the license or permit may be suspended or revoked

10120

only after the license or permitholder has been notified by the

10121

commission that the license or permit has been cited in a major

10122

violation and is now subject to suspension or revocation should

10123

the license or permit be cited for subsequent major violations.

10124

Section 174. Section 372.84, Florida Statutes, is

10125

renumbered as section 379.408, Florida Statutes, to read:

10126

379.408 372.84 Forfeiture or denial of licenses and

10127

permits.--Any person convicted as aforesaid shall forfeit to the

10128

state any license or permit that may have been issued to her or

10129

him under the provisions of this law, or other law of this state

10130

relating to game shall forthwith surrender the same to the court.

10131

If such violation occurs in the open season, relating to game, no

10132

license or permit shall be issued under the provisions of this

10133

law to such person at any time during the remainder of such open

10134

season, or if such violation occurs during the closed season no

10135

license shall be issued to such person for the open season on

10136

game next following.

10137

Section 175. Section 372.663, Florida Statutes, is

10138

renumbered as section 379.409, Florida Statutes, to read:

10139

379.409 372.663 Illegal killing, possessing, or capturing

10140

of alligators or other crocodilia or eggs; confiscation of

10141

equipment.--

10142

(1) It is unlawful to intentionally kill, injure, possess,

10143

or capture, or attempt to kill, injure, possess, or capture, an

10144

alligator or other crocodilian, or the eggs of an alligator or

10145

other crocodilian, unless authorized by the rules of the Fish and

10146

Wildlife Conservation Commission. Any person who violates this

10147

section is guilty of a felony of the third degree, punishable as

10148

provided in s. 775.082, s. 775.083, or s. 775.084, in addition to

10149

such other punishment as may be provided by law. Any equipment,

10150

including but not limited to weapons, vehicles, boats, and lines,

10151

used by a person in the commission of a violation of any law,

10152

rule, regulation, or order relating to alligators or other

10153

crocodilia or the eggs of alligators or other crocodilia shall,

10154

upon conviction of such person, be confiscated by the Fish and

10155

Wildlife Conservation Commission and disposed of according to

10156

rules and regulations of the commission. The arresting officer

10157

shall promptly make a return of the seizure, describing in detail

10158

the property seized and the facts and circumstances under which

10159

it was seized, including the names of all persons known to the

10160

officer who have an interest in the property.

10161

(2) The commission shall promptly fix the value of the

10162

property and make return to the clerk of the circuit court of the

10163

county wherein same was seized. Upon proper showing that any such

10164

property is owned by, or titled in the name of, any innocent

10165

party, such property shall be promptly returned to such owner.

10166

(3) The provisions of this section shall not vitiate any

10167

valid lien, retain title contract, or chattel mortgage on such

10168

property in effect as of the time of such seizure.

10169

Section 176. Section 372.0725, Florida Statutes, is

10170

renumbered as section 379.411, Florida Statutes, to read:

10171

379.411 372.0725 Killing or wounding of any species

10172

designated as endangered, threatened, or of special concern;

10173

criminal penalties.--It is unlawful for a person to intentionally

10174

kill or wound any fish or wildlife of a species designated by the

10175

Fish and Wildlife Conservation Commission as endangered,

10176

threatened, or of special concern, or to intentionally destroy

10177

the eggs or nest of any such fish or wildlife, except as provided

10178

for in the rules of the commission. Any person who violates this

10179

provision with regard to an endangered or threatened species is

10180

guilty of a felony of the third degree, punishable as provided in

10181

s. 775.082, s. 775.083, or s. 775.084.

10182

Section 177. Section 372.671, Florida Statutes, is

10183

renumbered as section 379.4115, Florida Statutes, and amended to

10184

read:

10185

379.4115 372.671 Florida or wild panther; killing

10186

prohibited; penalty.--

10187

(1) It is unlawful for a person to kill a member of the

10188

Florida "endangered species," as defined in s. 379.2291(3)

10189

372.072(3), known as the Florida panther (Felis concolor coryi).

10190

(2) It is unlawful for a person to kill any member of the

10191

species of panther (Felis concolor) occurring in the wild.

10192

(3) A person convicted of unlawfully killing a Florida

10193

panther, or unlawfully killing any member of the species of

10194

panther occurring in the wild, is guilty of a felony of the third

10195

degree, punishable as provided in s. 775.082, s. 775.083, or s.

10196

775.084.

10197

Section 178. Section 370.1121, Florida Statutes, is

10198

renumbered as section 379.413, Florida Statutes, and amended to

10199

read:

10200

379.413 370.1121 Bonefish; penalties regulation.--

10201

(1) It is unlawful to take or attempt to take any bonefish

10202

(Albula vulpes) from any of the waters of the state for the

10203

purpose of sale or exchange while fishing with any net, seine, or

10204

similar device.

10205

(2) It is unlawful for any wholesale or retail fish dealer

10206

to possess, buy, sell, or store any bonefish or permit any

10207

bonefish to be possessed, sold, or stored on, in, or about the

10208

premises where such wholesale or retail fish business is carried

10209

on or conducted. It shall be unlawful for any person, firm, or

10210

corporation to buy or sell bonefish in any form.

10211

(3) A commercial harvester or wholesale or retail saltwater

10212

products dealer who violates commission rules pertaining to

10213

bonefish s.370.1121 this section shall be punished under s.

10214

379.407 370.021. Any other person who violates this section

10215

commits a Level Two violation under s. 379.401 372.83.

10216

Section 179. Section 379.414, Florida Statutes, is created

10217

to read:

10218

379.414 Additional penalties for saltwater products dealers

10219

violating records requirements.--

10220

(1) The commission may revoke, suspend, or deny the renewal

10221

of the license of any saltwater products dealer for failure to

10222

make and keep records as required by s. 379.362, for failure to

10223

make required reports, for failure or refusal to permit the

10224

examination of required records, or for falsifying any such

10225

record. In addition to other applicable penalties, the commission

10226

may impose against any person, firm, or corporation who is

10227

determined to have violated any provision of s. 379.362 or any

10228

provisions of any commission rules adopted pursuant to s.

10229

379.407, the following additional penalties:

10230

(a) For the first violation, a civil penalty of up to

10231

$1,000;

10232

(b) For a second violation committed within 24 months of

10233

any previous violation, a civil penalty of up to $2,500; and

10234

10235

months of any previous two violations, a civil penalty of up to

10236

$5,000.

10237

(2) The proceeds of all civil penalties collected pursuant

10238

to this section shall be deposited into the Marine Resources

10239

Conservation Trust Fund and shall be used for administration,

10240

auditing, and law enforcement purposes.

10241

Section 180. Paragraph (a) of subsection (1) of section

10242

72.011, Florida Statutes, is amended to read:

10243

72.011 Jurisdiction of circuit courts in specific tax

10244

matters; administrative hearings and appeals; time for commencing

10245

action; parties; deposits.--

10246

(1)(a) A taxpayer may contest the legality of any

10247

assessment or denial of refund of tax, fee, surcharge, permit,

10248

interest, or penalty provided for under s. 125.0104, s. 125.0108,

10249

chapter 198, chapter 199, chapter 201, chapter 202, chapter 203,

10250

chapter 206, chapter 207, chapter 210, chapter 211, chapter 212,

10251

chapter 213, chapter 220, chapter 221, s. 379.362(3) 370.07(3),

10252

chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 538.09, s.

10253

538.25, chapter 550, chapter 561, chapter 562, chapter 563,

10254

chapter 564, chapter 565, chapter 624, or s. 681.117 by filing an

10255

action in circuit court; or, alternatively, the taxpayer may file

10256

a petition under the applicable provisions of chapter 120.

10257

However, once an action has been initiated under s. 120.56, s.

10258

120.565, s. 120.569, s. 120.57, or s. 120.80(14)(b), no action

10259

relating to the same subject matter may be filed by the taxpayer

10260

in circuit court, and judicial review shall be exclusively

10261

limited to appellate review pursuant to s. 120.68; and once an

10262

action has been initiated in circuit court, no action may be

10263

brought under chapter 120.

10264

Section 181. Section 97.05831, Florida Statutes, is amended

10265

to read:

10266

97.05831 Voter registration applications made available to

10267

the Fish and Wildlife Conservation Commission.--As required in s.

10268

379.352 372.561, each supervisor of elections shall supply voter

10269

registration applications to the Fish and Wildlife Conservation

10270

Commission and its subagents, as needed.

10271

Section 182. Subsection (4) of section 125.01, Florida

10272

Statutes, is amended to read:

10273

125.01 Powers and duties.--

10274

(4) The legislative and governing body of a county shall

10275

not have the power to regulate the taking or possession of

10276

saltwater fish, as defined in s. 379.101 370.01, with respect to

10277

the method of taking, size, number, season, or species. However,

10278

this subsection does not prohibit a county from prohibiting, for

10279

reasons of protecting the public health, safety, or welfare,

10280

saltwater fishing from real property owned by that county, nor

10281

does it prohibit the imposition of excise taxes by county

10282

ordinance.

10283

Section 183. Subsections (1) and (4) of section 142.01,

10284

Florida Statutes, are amended to read:

10285

142.01 Fine and forfeiture fund; clerk of the circuit

10286

court.--There shall be established by the clerk of the circuit

10287

court in each county of this state a separate fund to be known as

10288

the fine and forfeiture fund for use by the clerk of the circuit

10289

court in performing court-related functions. The fund shall

10290

consist of the following:

10291

(1) Fines and penalties pursuant to ss. 28.2402(2),

10292

34.045(2), 316.193, 327.35, 327.72, 379.2203(1) 372.72(1), and

10293

775.083(1).

10294

(4) Proceeds from forfeited bail bonds, unclaimed bonds,

10295

unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),

10296

379.2203(1) 372.72(1), and 903.26(3)(a).

10297

10298

Notwithstanding the provisions of this section, all fines and

10299

forfeitures arising from operation of the provisions of s.

10300

318.1215 shall be disbursed in accordance with that section.

10301

Section 184. Paragraph (c) of subsection (5) of section

10302

161.053, Florida Statutes, is amended to read:

10303

161.053 Coastal construction and excavation; regulation on

10304

county basis.--

10305

(5) Except in those areas where local zoning and building

10306

codes have been established pursuant to subsection (4), a permit

10307

to alter, excavate, or construct on property seaward of

10308

established coastal construction control lines may be granted by

10309

the department as follows:

10310

10311

sequence of construction of permitted activities to provide

10312

protection to nesting sea turtles and hatchlings and their

10313

habitat, pursuant to s. 379.2431 370.12, and to native salt-

10314

resistant vegetation and endangered plant communities.

10315

Section 185. Subsection (11) of section 201.15, Florida

10316

Statutes, is amended to read:

10317

201.15 Distribution of taxes collected.--All taxes

10318

collected under this chapter shall be distributed as follows and

10319

shall be subject to the service charge imposed in s. 215.20(1),

10320

except that such service charge shall not be levied against any

10321

portion of taxes pledged to debt service on bonds to the extent

10322

that the amount of the service charge is required to pay any

10323

amounts relating to the bonds:

10324

(11) From the moneys specified in paragraphs (1)(e) and

10325

(2)(a) and prior to deposit of any moneys into the General

10326

Revenue Fund, $30 million shall be paid into the State Treasury

10327

to the credit of the Ecosystem Management and Restoration Trust

10328

Fund in fiscal year 2000-2001 and each fiscal year thereafter, to

10329

be used for the preservation and repair of the state's beaches as

10330

provided in ss. 161.091-161.212, $2 million shall be paid into

10331

the State Treasury to the credit of the Marine Resources

10332

Conservation Trust Fund to be used for marine mammal care as

10333

provided in s. 379.208(3) 370.0603(3), and $300,000 shall be paid

10334

into the State Treasury to the credit of the General Inspection

10335

Trust Fund in fiscal year 2006-2007 and each fiscal year

10336

thereafter, to be used to fund oyster management and restoration

10337

programs as provided in s. 379.362(3) 370.07(3).

10338

Section 186. Paragraph (b) of subsection (8) of section

10339

212.06, Florida Statutes, is amended to read:

10340

212.06 Sales, storage, use tax; collectible from dealers;

10341

"dealer" defined; dealers to collect from purchasers; legislative

10342

intent as to scope of tax.--

10343

(8)

10344

(b) The presumption that tangible personal property used in

10345

another state, territory of the United States, or the District of

10346

Columbia for 6 months or longer before being imported into this

10347

state was not purchased for use in this state does not apply to

10348

any boat for which a saltwater fishing license fee is required to

10349

be paid pursuant to s. 379.354(7) 372.57(7), either directly or

10350

indirectly, for the purpose of taking, attempting to take, or

10351

possessing any saltwater fish for noncommercial purposes. Use tax

10352

shall apply and be due on such a boat as provided in this

10353

paragraph, and proof of payment of such tax must be presented

10354

prior to the first such licensure of the boat, registration of

10355

the boat pursuant to chapter 328, and titling of the boat

10356

pursuant to chapter 328. A boat that is first licensed within 1

10357

year after purchase shall be subject to use tax on the full

10358

amount of the purchase price; a boat that is first licensed in

10359

the second year after purchase shall be subject to use tax on 90

10360

percent of the purchase price; a boat that is first licensed in

10361

the third year after purchase shall be subject to use tax on 80

10362

percent of the purchase price; a boat that is first licensed in

10363

the fourth year after purchase shall be subject to use tax on 70

10364

percent of the purchase price; a boat that is first licensed in

10365

the fifth year after purchase shall be subject to use tax on 60

10366

percent of the purchase price; and a boat that is first licensed

10367

in the sixth year after purchase, or later, shall be subject to

10368

use tax on 50 percent of the purchase price. If the purchaser

10369

fails to provide the purchase invoice on such boat, the fair

10370

market value of the boat at the time of importation into this

10371

state shall be used to compute the tax.

10372

Section 187. Paragraph (h) of subsection (5) of section

10373

212.08, Florida Statutes, is amended to read:

10374

212.08 Sales, rental, use, consumption, distribution, and

10375

storage tax; specified exemptions.--The sale at retail, the

10376

rental, the use, the consumption, the distribution, and the

10377

storage to be used or consumed in this state of the following are

10378

hereby specifically exempt from the tax imposed by this chapter.

10379

(5) EXEMPTIONS; ACCOUNT OF USE.--

10380

(h) Business property used in an enterprise zone.--

10381

1. Business property purchased for use by businesses

10382

located in an enterprise zone which is subsequently used in an

10383

enterprise zone shall be exempt from the tax imposed by this

10384

chapter. This exemption inures to the business only through a

10385

refund of previously paid taxes. A refund shall be authorized

10386

upon an affirmative showing by the taxpayer to the satisfaction

10387

of the department that the requirements of this paragraph have

10388

been met.

10389

2. To receive a refund, the business must file under oath

10390

with the governing body or enterprise zone development agency

10391

having jurisdiction over the enterprise zone where the business

10392

is located, as applicable, an application which includes:

10393

a. The name and address of the business claiming the

10394

refund.

10395

b. The identifying number assigned pursuant to s. 290.0065

10396

to the enterprise zone in which the business is located.

10397

c. A specific description of the property for which a

10398

refund is sought, including its serial number or other permanent

10399

identification number.

10400

d. The location of the property.

10401

e. The sales invoice or other proof of purchase of the

10402

property, showing the amount of sales tax paid, the date of

10403

purchase, and the name and address of the sales tax dealer from

10404

whom the property was purchased.

10405

f. Whether the business is a small business as defined by

10406

s. 288.703(1).

10407

g. If applicable, the name and address of each permanent

10408

employee of the business, including, for each employee who is a

10409

resident of an enterprise zone, the identifying number assigned

10410

pursuant to s. 290.0065 to the enterprise zone in which the

10411

employee resides.

10412

3. Within 10 working days after receipt of an application,

10413

the governing body or enterprise zone development agency shall

10414

review the application to determine if it contains all the

10415

information required pursuant to subparagraph 2. and meets the

10416

criteria set out in this paragraph. The governing body or agency

10417

shall certify all applications that contain the information

10418

required pursuant to subparagraph 2. and meet the criteria set

10419

out in this paragraph as eligible to receive a refund. If

10420

applicable, the governing body or agency shall also certify if 20

10421

percent of the employees of the business are residents of an

10422

enterprise zone, excluding temporary and part-time employees. The

10423

certification shall be in writing, and a copy of the

10424

certification shall be transmitted to the executive director of

10425

the Department of Revenue. The business shall be responsible for

10426

forwarding a certified application to the department within the

10427

time specified in subparagraph 4.

10428

4. An application for a refund pursuant to this paragraph

10429

must be submitted to the department within 6 months after the tax

10430

is due on the business property that is purchased.

10431

5. The amount refunded on purchases of business property

10432

under this paragraph shall be the lesser of 97 percent of the

10433

sales tax paid on such business property or $5,000, or, if no

10434

less than 20 percent of the employees of the business are

10435

residents of an enterprise zone, excluding temporary and part-

10436

time employees, the amount refunded on purchases of business

10437

property under this paragraph shall be the lesser of 97 percent

10438

of the sales tax paid on such business property or $10,000. A

10439

refund approved pursuant to this paragraph shall be made within

10440

30 days of formal approval by the department of the application

10441

for the refund. No refund shall be granted under this paragraph

10442

unless the amount to be refunded exceeds $100 in sales tax paid

10443

on purchases made within a 60-day time period.

10444

6. The department shall adopt rules governing the manner

10445

and form of refund applications and may establish guidelines as

10446

to the requisites for an affirmative showing of qualification for

10447

exemption under this paragraph.

10448

7. If the department determines that the business property

10449

is used outside an enterprise zone within 3 years from the date

10450

of purchase, the amount of taxes refunded to the business

10451

purchasing such business property shall immediately be due and

10452

payable to the department by the business, together with the

10453

appropriate interest and penalty, computed from the date of

10454

purchase, in the manner provided by this chapter. Notwithstanding

10455

this subparagraph, business property used exclusively in:

10456

a. Licensed commercial fishing vessels,

10457

b. Fishing guide boats, or

10458

c. Ecotourism guide boats

10459

10460

that leave and return to a fixed location within an area

10461

designated under s. 379.2353 370.28 are eligible for the

10462

exemption provided under this paragraph if all requirements of

10463

this paragraph are met. Such vessels and boats must be owned by a

10464

business that is eligible to receive the exemption provided under

10465

this paragraph. This exemption does not apply to the purchase of

10466

a vessel or boat.

10467

8. The department shall deduct an amount equal to 10

10468

percent of each refund granted under the provisions of this

10469

paragraph from the amount transferred into the Local Government

10470

Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 for

10471

the county area in which the business property is located and

10472

shall transfer that amount to the General Revenue Fund.

10473

9. For the purposes of this exemption, "business property"

10474

means new or used property defined as "recovery property" in s.

10475

168(c) of the Internal Revenue Code of 1954, as amended, except:

10476

a. Property classified as 3-year property under s.

10477

168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

10478

b. Industrial machinery and equipment as defined in sub-

10479

subparagraph (b)6.a. and eligible for exemption under paragraph

10480

(b);

10481

c. Building materials as defined in sub-subparagraph

10482

(g)8.a.; and

10483

d. Business property having a sales price of under $5,000

10484

per unit.

10485

10. This paragraph expires on the date specified in s.

10486

290.016 for the expiration of the Florida Enterprise Zone Act.

10487

Section 188. Paragraph (o) of subsection (1) of section

10488

213.053, Florida Statutes, is amended to read:

10489

213.053 Confidentiality and information sharing.--

10490

(1) This section applies to:

10491

(o) Section 379.362(3) 370.07(3), Apalachicola Bay oyster

10492

surcharge;

10493

Section 189. Paragraph (u) of subsection (4) of section

10494

215.20, Florida Statutes, is amended to read:

10495

215.20 Certain income and certain trust funds to contribute

10496

to the General Revenue Fund.--

10497

(4) The income of a revenue nature deposited in the

10498

following described trust funds, by whatever name designated, is

10499

that from which the appropriations authorized by subsection (3)

10500

shall be made:

10501

(u) Within the Fish and Wildlife Conservation Commission:

10502

1. The Conservation and Recreation Lands Program Trust

10503

Fund.

10504

2. The Florida Panther Research and Management Trust Fund.

10505

3. The Land Acquisition Trust Fund.

10506

4. The Marine Resources Conservation Trust Fund, with the

10507

exception of those fees collected for recreational saltwater

10508

fishing licenses as provided in s. 379.354 372.57.

10509

10510

The enumeration of the foregoing moneys or trust funds shall not

10511

prohibit the applicability thereto of s. 215.24 should the

10512

Governor determine that for the reasons mentioned in s. 215.24

10513

the money or trust funds should be exempt herefrom, as it is the

10514

purpose of this law to exempt income from its force and effect

10515

when, by the operation of this law, federal matching funds or

10516

contributions or private grants to any trust fund would be lost

10517

to the state.

10518

Section 190. Subsection (6) of section 290.004, Florida

10519

Statutes, is amended to read:

10520

290.004 Definitions relating to Florida Enterprise Zone

10521

Act.--As used in ss. 290.001-290.016:

10522

(6) "Rural enterprise zone" means an enterprise zone that

10523

is nominated by a county having a population of 75,000 or fewer,

10524

or a county having a population of 100,000 or fewer which is

10525

contiguous to a county having a population of 75,000 or fewer, or

10526

by a municipality in such a county, or by such a county and one

10527

or more municipalities. An enterprise zone designated in

10528

accordance with s. 290.0065(5)(b) or s. 379.2353 370.28 is

10529

considered to be a rural enterprise zone.

10530

Section 191. Paragraph (b) of subsection (1) and paragraph

10531

(b) of subsection (24) and of section 320.08058, Florida

10532

Statutes, are amended to read:

10533

320.08058 Specialty license plates.--

10534

(1) MANATEE LICENSE PLATES.--

10535

(b) The manatee license plate annual use fee must be

10536

deposited into the Save the Manatee Trust Fund, created within

10537

the Fish and Wildlife Conservation Commission, and shall be used

10538

only for the purposes specified in s. 379.2431(4) 370.12(4).

10539

(24) CONSERVE WILDLIFE LICENSE PLATES.--

10540

(b) The proceeds of the Conserve Wildlife license plate

10541

annual use fee shall be forwarded to the Wildlife Foundation of

10542

Florida, Inc., a citizen support organization created pursuant to

10543

s. 379.223 372.0215.

10544

1. Notwithstanding s. 320.08062, up to 10 percent of the

10545

proceeds from the annual use fee may be used for marketing the

10546

Conserve Wildlife license plate and administrative costs directly

10547

related to the management and distribution of the proceeds.

10548

2. The remaining proceeds from the annual use fee shall be

10549

used for programs and activities of the Fish and Wildlife

10550

Conservation Commission that contribute to the health and well-

10551

being of Florida black bears and other wildlife diversity.

10552

Section 192. Paragraph (a) of subsection (5) of section

10553

327.02, Florida Statutes, is amended to read:

10554

327.02 Definitions of terms used in this chapter and in

10555

chapter 328.--As used in this chapter and in chapter 328, unless

10556

the context clearly requires a different meaning, the term:

10557

(5) "Commercial vessel" means:

10558

(a) Any vessel primarily engaged in the taking or landing

10559

of saltwater fish or saltwater products or freshwater fish or

10560

freshwater products, or any vessel licensed pursuant to s.

10561

379.361 370.06 from which commercial quantities of saltwater

10562

products are harvested, from within and without the waters of

10563

this state for sale either to the consumer, retail dealer, or

10564

wholesale dealer.

10565

Section 193. Subsection (2) of section 327.41, Florida

10566

Statutes, is amended to read:

10567

327.41 Uniform waterway regulatory markers.--

10568

(2) Any county or municipality which has been granted a

10569

restricted area designation, pursuant to s. 327.46, for a portion

10570

of the Florida Intracoastal Waterway within its jurisdiction or

10571

which has adopted a restricted area by ordinance pursuant to s.

10572

327.22, s. 327.60, or s. 379.2431(2)(p) 370.12(2)(p), or any

10573

other governmental entity which has legally established a

10574

restricted area, may apply to the commission for permission to

10575

place regulatory markers within the restricted area.

10576

Section 194. Paragraph (k) of subsection (1) of section

10577

327.73, Florida Statutes, is amended to read:

10578

327.73 Noncriminal infractions.--

10579

(1) Violations of the following provisions of the vessel

10580

laws of this state are noncriminal infractions:

10581

(k) Violations relating to restricted areas and speed

10582

limits:

10583

1. Established by the commission pursuant to s. 327.46.

10584

2. Established by local governmental authorities pursuant

10585

to s. 327.22 or s. 327.60.

10586

3. Speed limits established pursuant to s. 379.2431(2)

10587

370.12(2).

10588

10589

Any person cited for a violation of any such provision shall be

10590

deemed to be charged with a noncriminal infraction, shall be

10591

cited for such an infraction, and shall be cited to appear before

10592

the county court. The civil penalty for any such infraction is

10593

$50, except as otherwise provided in this section. Any person who

10594

fails to appear or otherwise properly respond to a uniform

10595

boating citation shall, in addition to the charge relating to the

10596

violation of the boating laws of this state, be charged with the

10597

offense of failing to respond to such citation and, upon

10598

conviction, be guilty of a misdemeanor of the second degree,

10599

punishable as provided in s. 775.082 or s. 775.083. A written

10600

warning to this effect shall be provided at the time such uniform

10601

boating citation is issued.

10602

Section 195. Subsection (1) of section 328.66, Florida

10603

Statutes, is amended to read:

10604

328.66 County and municipality optional registration fee.--

10605

(1) Any county may impose an annual registration fee on

10606

vessels registered, operated, or stored in the water within its

10607

jurisdiction. This fee shall be 50 percent of the applicable

10608

state registration fee. However, the first $1 of every

10609

registration imposed under this subsection shall be remitted to

10610

the state for deposit in the Save the Manatee Trust Fund created

10611

within the Fish and Wildlife Conservation Commission, and shall

10612

be used only for the purposes specified in s. 379.2431(4)

10613

370.12(4). All other moneys received from such fee shall be

10614

expended for the patrol, regulation, and maintenance of the

10615

lakes, rivers, and waters and for other boating-related

10616

activities of such municipality or county. A municipality that

10617

was imposing a registration fee before April 1, 1984, may

10618

continue to levy such fee, notwithstanding the provisions of this

10619

section.

10620

Section 196. Subsections (11) and (16) of section 328.72,

10621

Florida Statutes, are amended to read:

10622

328.72 Classification; registration; fees and charges;

10623

surcharge; disposition of fees; fines; marine turtle stickers.--

10624

(11) VOLUNTARY CONTRIBUTIONS.--The application form for

10625

boat registration shall include a provision to allow each

10626

applicant to indicate a desire to pay an additional voluntary

10627

contribution to the Save the Manatee Trust Fund to be used for

10628

the purposes specified in s. 379.2431(4) 370.12(4). This

10629

contribution shall be in addition to all other fees and charges.

10630

The amount of the request for a voluntary contribution solicited

10631

shall be $2 or $5 per registrant. A registrant who provides a

10632

voluntary contribution of $5 or more shall be given a sticker or

10633

emblem by the tax collector to display, which signifies support

10634

for the Save the Manatee Trust Fund. All voluntary contributions

10635

shall be deposited in the Save the Manatee Trust Fund and shall

10636

be used for the purposes specified in s. 379.2431(4) 370.12(4).

10637

The form shall also include language permitting a voluntary

10638

contribution of $5 per applicant, which contribution shall be

10639

transferred into the Election Campaign Financing Trust Fund. A

10640

statement providing an explanation of the purpose of the trust

10641

fund shall also be included.

10642

(16) MARINE TURTLE STICKER.--The Department of Highway

10643

Safety and Motor Vehicles shall offer for sale with vessel

10644

registrations a waterproof sticker in the shape of a marine

10645

turtle at an additional cost of $5, the proceeds of which shall

10646

be deposited in the Marine Resources Conservation Trust Fund to

10647

be used for marine turtle protection, research, and recovery

10648

efforts pursuant to the provisions of s. 379.2431(1) 370.12(1).

10649

Section 197. Paragraph (a) of subsection (1) and subsection

10650

(2) of section 328.76, Florida Statutes, are amended to read:

10651

328.76 Marine Resources Conservation Trust Fund; vessel

10652

registration funds; appropriation and distribution.--

10653

(1) Except as otherwise specified in this subsection and

10654

less $1.4 million for any administrative costs which shall be

10655

deposited in the Highway Safety Operating Trust Fund, in each

10656

fiscal year beginning on or after July 1, 2001, all funds

10657

collected from the registration of vessels through the Department

10658

of Highway Safety and Motor Vehicles and the tax collectors of

10659

the state, except for those funds designated as the county

10660

portion pursuant to s. 328.72(1), shall be deposited in the

10661

Marine Resources Conservation Trust Fund for recreational channel

10662

marking; public launching facilities; law enforcement and quality

10663

control programs; aquatic weed control; manatee protection,

10664

recovery, rescue, rehabilitation, and release; and marine mammal

10665

protection and recovery. The funds collected pursuant to s.

10666

328.72(1) shall be transferred as follows:

10667

(a) In each fiscal year, an amount equal to $1.50 for each

10668

commercial and recreational vessel registered in this state shall

10669

be transferred by the Department of Highway Safety and Motor

10670

Vehicles to the Save the Manatee Trust Fund and shall be used

10671

only for the purposes specified in s. 379.2431(4) 370.12(4).

10672

(2) All funds collected pursuant to s. 379.361(2) 370.06(2)

10673

shall be deposited in the Marine Resources Conservation Trust

10674

Fund. Such funds shall be used to pay the cost of implementing

10675

the saltwater products license program. Additional proceeds from

10676

the licensing revenue shall be distributed among the following

10677

program functions:

10678

(a) No more than 15 percent shall go to marine law

10679

enforcement;

10680

(b) Twenty-five percent shall go to the Florida Saltwater

10681

Products Promotion Trust Fund within the Department of

10682

Agriculture and Consumer Services, on a monthly basis, for the

10683

purpose of providing marketing and extension services including

10684

industry information and education; and

10685

10686

Conservation Commission, for use in marine research and

10687

statistics development, including quota management.

10688

Section 198. Subsection (5) of section 373.046, Florida

10689

Statutes, is amended to read:

10690

373.046 Interagency agreements.--

10691

(5) Notwithstanding the provisions of s. 403.927, when any

10692

operating agreement is developed pursuant to subsection (4), the

10693

department shall have regulatory responsibility under part IV of

10694

this chapter for aquaculture activities that meet or exceed the

10695

thresholds for aquaculture general permits authorized pursuant to

10696

ss. 379.2523 370.26 and 403.814.

10697

Section 199. Paragraph (h) of subsection (2) of section

10698

403.41315, Florida Statutes, is amended to read:

10699

403.41315 Comprehensive illegal dumping, litter, and marine

10700

debris control and prevention.--

10701

(2) The comprehensive illegal dumping, litter, and marine

10702

debris control and prevention program at a minimum must include

10703

the following:

10704

(h) The prohibition of balloon releases as authorized under

10705

s. 379.233 372.995.

10706

Section 200. Paragraph (f) of subsection (2) of section

10707

403.813, Florida Statutes, is amended to read:

10708

403.813 Permits issued at district centers; exceptions.--

10709

(2) A permit is not required under this chapter, chapter

10710

373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter

10711

25270, 1949, Laws of Florida, for activities associated with the

10712

following types of projects; however, except as otherwise

10713

provided in this subsection, nothing in this subsection relieves

10714

an applicant from any requirement to obtain permission to use or

10715

occupy lands owned by the Board of Trustees of the Internal

10716

Improvement Trust Fund or any water management district in its

10717

governmental or proprietary capacity or from complying with

10718

applicable local pollution control programs authorized under this

10719

chapter or other requirements of county and municipal

10720

governments:

10721

(f) The performance of maintenance dredging of existing

10722

manmade canals, channels, intake and discharge structures, and

10723

previously dredged portions of natural water bodies within

10724

drainage rights-of-way or drainage easements which have been

10725

recorded in the public records of the county, where the spoil

10726

material is to be removed and deposited on a self-contained,

10727

upland spoil site which will prevent the escape of the spoil

10728

material into the waters of the state, provided that no more

10729

dredging is to be performed than is necessary to restore the

10730

canals, channels, and intake and discharge structures, and

10731

previously dredged portions of natural water bodies, to original

10732

design specifications or configurations, provided that the work

10733

is conducted in compliance with s. 379.2431(2)(d) 370.12(2)(d),

10734

provided that no significant impacts occur to previously

10735

undisturbed natural areas, and provided that control devices for

10736

return flow and best management practices for erosion and

10737

sediment control are utilized to prevent bank erosion and

10738

scouring and to prevent turbidity, dredged material, and toxic or

10739

deleterious substances from discharging into adjacent waters

10740

during maintenance dredging. Further, for maintenance dredging of

10741

previously dredged portions of natural water bodies within

10742

recorded drainage rights-of-way or drainage easements, an entity

10743

that seeks an exemption must notify the department or water

10744

management district, as applicable, at least 30 days prior to

10745

dredging and provide documentation of original design

10746

specifications or configurations where such exist. This exemption

10747

applies to all canals and previously dredged portions of natural

10748

water bodies within recorded drainage rights-of-way or drainage

10749

easements constructed prior to April 3, 1970, and to those canals

10750

and previously dredged portions of natural water bodies

10751

constructed on or after April 3, 1970, pursuant to all necessary

10752

state permits. This exemption does not apply to the removal of a

10753

natural or manmade barrier separating a canal or canal system

10754

from adjacent waters. When no previous permit has been issued by

10755

the Board of Trustees of the Internal Improvement Trust Fund or

10756

the United States Army Corps of Engineers for construction or

10757

maintenance dredging of the existing manmade canal or intake or

10758

discharge structure, such maintenance dredging shall be limited

10759

to a depth of no more than 5 feet below mean low water. The Board

10760

of Trustees of the Internal Improvement Trust Fund may fix and

10761

recover from the permittee an amount equal to the difference

10762

between the fair market value and the actual cost of the

10763

maintenance dredging for material removed during such maintenance

10764

dredging. However, no charge shall be exacted by the state for

10765

material removed during such maintenance dredging by a public

10766

port authority. The removing party may subsequently sell such

10767

material; however, proceeds from such sale that exceed the costs

10768

of maintenance dredging shall be remitted to the state and

10769

deposited in the Internal Improvement Trust Fund.

10770

Section 201. Paragraph (a) of subsection (5) and paragraph

10771

(a) of subsection (18) of section 597.010, Florida Statutes, are

10772

amended to read:

10773

597.010 Shellfish regulation; leases.--

10774

(5) LEASES IN PERPETUITY; RENT.--

10775

(a) All leases issued previously under the provisions of s.

10776

379.2525 370.16 shall be enforced under the authority of this

10777

chapter, notwithstanding any other law to the contrary, and shall

10778

continue in perpetuity under such restrictions as stated in the

10779

lease agreement. The annual rental fee charged for all leases

10780

shall consist of the minimum rate of $15 per acre, or any

10781

fraction of an acre, per year and shall be adjusted on January 1,

10782

1995, and every 5 years thereafter, based on the 5-year average

10783

change in the Consumer Price Index. Rent shall be paid in advance

10784

of January 1 of each year or in the case of a new lease at the

10785

time of signing, regardless of who holds the lease.

10786

(18) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL

10787

REEFS; LICENSES, ETC.; PENALTY.--

10788

(a) It is unlawful to use a dredge or any means or

10789

implement other than hand tongs in removing oysters from the

10790

natural or artificial state reefs or beds. This restriction shall

10791

apply to all areas of Apalachicola Bay for all shellfish

10792

harvesting, excluding private grounds leased or granted by the

10793

state prior to July 1, 1989, if the lease or grant specifically

10794

authorizes the use of implements other than hand tongs for

10795

harvesting. Except in Apalachicola Bay, upon the payment of $25

10796

annually, for each vessel or boat using a dredge or machinery in

10797

the gathering of clams or mussels, a special activity license may

10798

be issued by the Fish and Wildlife Conservation Commission

10799

pursuant to subsection (15) or s. 379.361 370.06 for such use to

10800

such person.

10801

Section 202. Paragraphs (a), (d), and (e) of subsection (4)

10802

of section 777.04, Florida Statutes, are amended to read:

10803

777.04 Attempts, solicitation, and conspiracy.--

10804

(4)(a) Except as otherwise provided in ss. 104.091(2),

10805

379.2431(1) 370.12(1), 828.125(2), 849.25(4), 893.135(5), and

10806

921.0022, the offense of criminal attempt, criminal solicitation,

10807

or criminal conspiracy is ranked for purposes of sentencing under

10808

chapter 921 and determining incentive gain-time eligibility under

10809

chapter 944 one level below the ranking under s. 921.0022 or s.

10810

921.0023 of the offense attempted, solicited, or conspired to. If

10811

the criminal attempt, criminal solicitation, or criminal

10812

conspiracy is of an offense ranked in level 1 or level 2 under s.

10813

921.0022 or s. 921.0023, such offense is a misdemeanor of the

10814

first degree, punishable as provided in s. 775.082 or s. 775.083.

10815

(d) Except as otherwise provided in s. 104.091(2), s.

10816

379.2431(1) 370.12(1), s. 828.125(2), or s. 849.25(4), if the

10817

offense attempted, solicited, or conspired to is a:

10818

1. Felony of the second degree;

10819

2. Burglary that is a felony of the third degree; or

10820

3. Felony of the third degree ranked in level 3, 4, 5, 6,

10821

7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

10822

10823

the offense of criminal attempt, criminal solicitation, or

10824

criminal conspiracy is a felony of the third degree, punishable

10825

as provided in s. 775.082, s. 775.083, or s. 775.084.

10826

(e) Except as otherwise provided in s. 104.091(2), s.

10827

379.2431(1) 370.12(1), s. 849.25(4), or paragraph (d), if the

10828

offense attempted, solicited, or conspired to is a felony of the

10829

third degree, the offense of criminal attempt, criminal

10830

solicitation, or criminal conspiracy is a misdemeanor of the

10831

first degree, punishable as provided in s. 775.082 or s. 775.083.

10832

Section 203. Paragraph (h) of subsection (2) of section

10833

810.09, Florida Statutes, is amended to read:

10834

810.09 Trespass on property other than structure or

10835

conveyance.--

10836

(2)

10837

(h) Any person who in taking or attempting to take any

10838

animal described in s. 379.101(19) or (20) 372.001(10) or (11),

10839

or in killing, attempting to kill, or endangering any animal

10840

described in s. 585.01(13) knowingly propels or causes to be

10841

propelled any potentially lethal projectile over or across

10842

private land without authorization commits trespass, a felony of

10843

the third degree, punishable as provided in s. 775.082, s.

10844

775.083, or s. 775.084. For purposes of this paragraph, the term

10845

"potentially lethal projectile" includes any projectile launched

10846

from any firearm, bow, crossbow, or similar tensile device. This

10847

section does not apply to any governmental agent or employee

10848

acting within the scope of his or her official duties.

10849

Section 204. Paragraphs (b) and (c) of subsection (3) of

10850

section 921.0022, Florida Statutes, are amended to read:

10851

921.0022 Criminal Punishment Code; offense severity ranking

10852

chart.--

10853

(3) OFFENSE SEVERITY RANKING CHART

10854

(b) LEVEL 2

10855

FloridaStatute

FelonyDegree

Description

10856

379.2431 (1)(e)3.370.12(1)(e)3.

3rd

Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

10857

379.2431(1)(e)4.370.12(1)(e)4.

3rd

Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.

10858

403.413(5)(c)

3rd

Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.

10859

517.07

3rd

Registration of securities and furnishing of prospectus required.

10860

590.28(1)

3rd

Willful, malicious, or intentional burning.

10861

784.05(3)

3rd

Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

10862

787.04(1)

3rd

In violation of court order, take, entice, etc., minor beyond state limits.

10863

806.13(1)(b)3.

3rd

Criminal mischief; damage $1,000 or more to public communication or any other public service.

10864

810.061(2)

3rd

Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.

10865

810.09(2)(e)

3rd

Trespassing on posted commercial horticulture property.

10866

812.014(2)(c)1.

3rd

Grand theft, 3rd degree; $300 or more but less than $5,000.

10867

812.014(2)(d)

3rd

Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.

10868

812.015(7)

3rd

Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

10869

817.234(1)(a)2.

3rd

False statement in support of insurance claim.

10870

817.481(3)(a)

3rd

Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

10871

817.52(3)

3rd

Failure to redeliver hired vehicle.

10872

817.54

3rd

With intent to defraud, obtain mortgage note, etc., by false representation.

10873

817.60(5)

3rd

Dealing in credit cards of another.

10874

817.60(6)(a)

3rd

Forgery; purchase goods, services with false card.

10875

817.61

3rd

Fraudulent use of credit cards over $100 or more within 6 months.

10876

826.04

3rd

Knowingly marries or has sexual intercourse with person to whom related.

10877

831.01

3rd

Forgery.

10878

831.02

3rd

Uttering forged instrument; utters or publishes alteration with intent to defraud.

10879

831.07

3rd

Forging bank bills, checks, drafts, or promissory notes.

10880

831.08

3rd

Possessing 10 or more forged notes, bills, checks, or drafts.

10881

831.09

3rd

Uttering forged notes, bills, checks, drafts, or promissory notes.

10882

831.11

3rd

Bringing into the state forged bank bills, checks, drafts, or notes.

10883

832.05(3)(a)

3rd

Cashing or depositing item with intent to defraud.

10884

843.08

3rd

Falsely impersonating an officer.

10885

893.13(2)(a)2.

3rd

Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.

10886

893.147(2)

3rd

Manufacture or delivery of drug paraphernalia.

10887

10888

10889

FloridaStatute

FelonyDegree

Description

10890

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

10891

316.066(6)(b)-(d)

3rd

Unlawfully obtaining or using confidential crash reports.

10892

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

10893

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

10894

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

10895

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

10896

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

10897

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

10898

327.35(2)(b)

3rd

Felony BUI.

10899

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

10900

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

10901

379.2431(1)(e)5.370.12(1)(e)5.

3rd

Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

10902

379.2431(1)(e)6.370.12(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

10903

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

10904

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

10905

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

10906

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

10907

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

10908

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

10909

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

10910

697.08

3rd

Equity skimming.

10911

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

10912

796.05(1)

3rd

Live on earnings of a prostitute.

10913

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

10914

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

10915

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

10916

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

10917

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

10918

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

10919

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

10920

817.233

3rd

Burning to defraud insurer.

10921

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

10922

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

10923

817.236

3rd

Filing a false motor vehicle insurance application.

10924

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

10925

817.413(2)

3rd

Sale of used goods as new.

10926

817.505(4)

3rd

Patient brokering.

10927

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

10928

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

10929

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

10930

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

10931

843.19

3rd

Injure, disable, or kill police dog or horse.

10932

860.15(3)

3rd

Overcharging for repairs and parts.

10933

870.01(2)

3rd

Riot; inciting or encouraging.

10934

893.13(1)(a)2.

3rd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

10935

893.13(1)(d)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

10936

893.13(1)(f)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

10937

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

10938

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

10939

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

10940

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

10941

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

10942

893.13(8)(a)1.

3rd

Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

10943

893.13(8)(a)2.

3rd

Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

10944

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

10945

893.13(8)(a)4.

3rd

Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

10946

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

10947

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

10948

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

10949

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

10950

10951

Section 205. Paragraph (e) of subsection (6) of section

10952

932.7055, Florida Statutes, is amended to read:

10953

932.7055 Disposition of liens and forfeited property.--

10954

(6) If the seizing agency is a state agency, all remaining

10955

proceeds shall be deposited into the General Revenue Fund.

10956

However, if the seizing agency is:

10957

(e) The Fish and Wildlife Conservation Commission, the

10958

proceeds accrued pursuant to the provisions of the Florida

10959

Contraband Forfeiture Act shall be deposited into the State Game

10960

Trust Fund as provided in ss. 379.338, 379.339, and 379.3395

10961

372.73, 372.9901, and 372.9904, into the Marine Resources

10962

Conservation Trust Fund as provided in s. 379.337 370.061, or

10963

into the commission's Federal Law Enforcement Trust Fund as

10964

provided in s. 372.107, as applicable.

10965

Section 206. Sections 370.081, 370.0821, 370.09, 370.1105,

10966

370.15, 370.154, 370.155, 372.001, 372.0225, 372.107, 372.27,

10967

372.667, 372.85, 372.98, 372.981, and 372.993, Florida Statutes,

10968

are repealed.

10969

Section 207. This act shall take effect July 1, 2008.

10970

10971

================ T I T L E A M E N D M E N T ================

10972

And the title is amended as follows:

10973

Delete everything before the enacting clause

10974

and insert:

10975

A bill to be entitled

10976

An act relating to fish and wildlife conservation;

10977

consolidating chapters 370 and 372, F.S., to create

10978

chapter 379, F.S., entitled "Fish and Wildlife

10979

Conservation"; creating part I of chapter 379, F.S.,

10980

relating to general provisions; creating part II of

10981

chapter 379, F.S., relating to marine life; creating part

10982

III of chapter 379, F.S., relating to freshwater aquatic

10983

life; creating part IV of chapter 379, F.S., relating to

10984

wild animal life; creating part V of chapter 379, F.S.,

10985

relating to law enforcement; creating part VI of chapter

10986

379, F.S., relating to licenses for recreation activities;

10987

creating part VII of chapter 379, F.S., relating to

10988

nonrecreational licenses; creating part VIII of chapter

10989

379, F.S., relating to penalties; renumbering, amending,

10990

creating, and repealing various statutory provisions to

10991

conform; renumbering and amending ss. 370.021, 370.06,

10992

370.061, 370.063, 370.16, 370.22, 370.26, 370.028, 370.07,

10993

370.08, 370.11, 370.1107, 370.1121, 370.135, 370.14,

10994

370.143, 370.1535, 370.1603, 370.31, 370.73, 372.07,

10995

372.071, 372.0715, 372.0025, 372.023, 372.0725, 372.16,

10996

372.26, 372.551, 372.561, 372.562, 372.65, 372.57,

10997

372.5704, 372.5705, 372.571, 372.5711, 372.5714, 372.5717,

10998

372.5718, 372.574, 372.58, 372.581, 372.59, 372.651,

10999

372.653, 372.66, 372.661, 372.662, 372.663, 372.664,

11000

372.6645, 372.665, 372.6671, 372.6672, 372.6673, 372.6674,

11001

372.6678, 372.671, 372.673, 372.70, 372.701, 372.7015,

11002

372.7016, 372.76, 372.761, 372.83, 372.84, 372.86, 372.87,

11003

372.88, 372.921, 372.922, 372.935, 372.988, 372.99,

11004

372.9901, 372.99021, 372.99022, 372.9903, 372.9904,

11005

372.9905, and 372.992, F.S.; correcting cross-references;

11006

conforming provisions to changes made by this act;

11007

renumbering and amending s. 370.12, F.S.; deleting an

11008

obsolete provision relating to certain annual use fees;

11009

correcting cross-references; renumbering and amending s.

11010

370.13, F.S.; deleting an obsolete provision relating to

11011

stone crab trap tag fees; correcting cross-references;

11012

renumbering and amending s. 370.142, F.S.; deleting an

11013

obsolete provision relating to spiny lobster trap tag

11014

fees; correcting cross-references; renumbering and

11015

amending s. 370.151, F.S.; deleting legislative intent

11016

relating to shrimp beds; conforming provisions relating to

11017

shrimping license violations; renumbering and amending s.

11018

372.5701, F.S.; deleting provisions requiring an annual

11019

legislative appropriation for specified activities and

11020

programs; correcting cross-references; creating s.

11021

379.3711, F.S.; establishing an annual license fee for

11022

private game preserves and farms; providing for payment of

11023

such fees to the commission; requiring proceeds to be

11024

deposited in the State Game Trust Fund; creating 379.414,

11025

F.S.; providing additional civil penalties for violations

11026

of record requirements by saltwater products dealers;

11027

requiring fees collected for such violations are deposited

11028

in the Marine Resources Conservation Trust Fund;

11029

specifying the use of such funds; amending ss. 72.011,

11030

97.05831, 125.01, 142.01, 161.053, 201.15, 212.06, 212.08,

11031

213.053, 215.20, 290.004, 320.08058, 327.02, 327.41,

11032

327.73, 328.66, 328.72, 328.76, 373.046, 403.41315,

11033

403.813, 597.010, 777.04, 810.09, 921.0022, and 932.7055,

11034

F.S.; correcting cross-references to conform to changes

11035

made by this act; repealing s. 370.081, F.S., relating to

11036

illegal importation or possession of nonindigenous marine

11037

plants and animals to conform to changes made by this act;

11038

repealing s. 370.0821, F.S., relating to use of nets in

11039

St. Johns County to conform to changes made by this act;

11040

repealing s. 370.09, F.S., relating to industrial hazards

11041

and prohibited oil deposits discharge to conform to

11042

changes made by this act; repealing s. 370.1105, F.S.,

11043

relating to saltwater finfish trap regulation to conform

11044

to changes made by this act; repealing ss. 370.15 and

11045

370.154, F.S., relating to shrimp regulations to conform

11046

to changes made by this act; repealing s. 370.155, F.S.,

11047

relating to shrimp fishing to conform to changes made by

11048

this act; repealing 372.001, F.S., relating to wildlife

11049

definitions to conform to changes made by this act;

11050

repealing s. 372.0225, F.S., relating to freshwater

11051

organisms to conform to changes made by this act;

11052

repealing s. 372.107, F.S., relating to the Fish and

11053

Wildlife Conservation Commission Federal Law Enforcement

11054

Trust Fund to conform to changes made by this act;

11055

repealing s. 372.27, F.S., relating to the prohibition of

11056

fishing in Silver Springs and Rainbow Springs to conform

11057

to changes made by this act; repealing s. 372.667, F.S.,

11058

relating to the unlawful feeding or enticement of

11059

alligators or crocodiles to conform to changes made by

11060

this act; repealing s. 372.85, F.S., relating to the

11061

contamination of fresh waters to conform to changes made

11062

by this act; repealing s. 372.98, F.S., relating to the

11063

possession of nutria to conform to changes made by this

11064

act; repealing s. 372.981, F.S., relating to the

11065

regulation of importation of caiman to conform to changes

11066

made by this act; repealing s. 372.993, F.S., relating to

11067

land-based commercial and recreational fishing activities

11068

to conform to changes made by this act; providing an

11069

effective date.

11070

11071

WHEREAS, it is the intent of the Legislature that the

11072

consolidation of chapters 370 and 372, Florida Statutes, into a

11073

new chapter 379, Florida Statutes, shall not be construed as

11074

creating, establishing, or implementing any substantive changes

11075

to current law in either of the two chapters consolidated, and

11076

WHEREAS, it is the intent of the Legislature that the

11077

consolidation of chapters 370 and 372, Florida Statutes, into a

11078

new chapter 379, Florida Statutes, shall not be construed as

11079

expanding any constitutional authority of the Fish and Wildlife

11080

Conservation Commission or as granting any additional

11081

legislative authority to the Fish and Wildlife Conservation

11082

Commission, NOW, THEREFORE,

4/20/2008 4:28:00 PM 37-08088-08

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